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08/03/2020Monday, August 3, 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 August 3, 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, August 3, 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. Finance Comprehensive Annual Financial Report for Fiscal Year 2019 (WSO)2.1 3. Economic Development and Housing Approve the Coronavirus Relief Fund (CRF) Subrecipient Agreement between the Florida Housing Finance Corporation and the City of Clearwater and authorize the appropriate officials to execute same. (consent) 3.1 4. Gas System Approve a Utility Work By Highway Contractor Agreement with the State of Florida Department of Transportation to remove natural gas mains during a road improvement project on US Highway 19, at an estimated cost of $10,350.74, and authorize the appropriate officials to execute same. (consent) 4.1 Authorize award of Invitation to Bid 25-20, Natural Gas Meters and Regulators, to Dev-Tech Sales, Inc. of Avon Park, FL; Equipment Controls Company of Norcross, GA; and JEM-TECH, Inc. of Palm Bay, FL for an annual not-to-exceed amount of $1,500,000 effective August 1, 2020 through July 31, 2021 with the option for two, one-year term extensions, and authorize the appropriate officials to execute same. (consent) 4.2 5. Parks and Recreation Page 2 City of Clearwater Printed on 7/30/2020 August 3, 2020Council Work Session Work Session Agenda Approve First Amendment to the Capital Project Funding Agreement between the City and Pinellas County Tourist Development Council (TDC) to extend the terms of the agreement to allow for reimbursement of funds during Fiscal Years 2020 and 2021 and authorize the appropriate officials to execute same. (consent) 5.1 Approve a Management Agreement between the City of Clearwater (City) and the Clearwater Community Sailing Center Association, Inc. (Sailing Center Association) for use of the building and property located at 1001 Gulf Boulevard from August 1, 2020 through February 29, 2024 and authorize the appropriate officials to execute same. (consent) 5.2 6. Police Department Ratify and confirm a Memorandum of Agreement (Agreement) between Bob Gualtieri, as Sheriff of Pinellas County, Florida (Sheriff); the City of St. Petersburg Police Department, the City of Clearwater Police Department, and the City of Pinellas Park Police Department, to create a Use of Deadly Force Investigative Task Force, and authorize the appropriate officials to execute same. (consent) 6.1 Approve an agreement with Axon Enterprise, Inc. of Scottsdale, AZ, in the amount of $2,217,407, for the five-year period from August 6, 2020 through August 5, 2025, for the purchase of body camera equipment, digital evidence storage and management, licensing, and training, in accordance with Clearwater Code of Ordinances Section 2.564(1)(d) Other Government Entities Bids; increase the number of full time equivalents within the Police Department by one position and upgrade one officer position to Police Sergeant; and authorize the appropriate officials to execute same. (consent) 6.2 7. Engineering Approve Engineer of Record (EOR) Supplemental Work Order Two to Atkins North America for $61,490, for Cooper’s Point (18-0009-EN) increasing the work order from $173,940 to $235,430 and authorize the appropriate officials to execute same. (consent) 7.1 Approve a Deed Modification for certain real property located at 41 Devon Dr., legally described as Lot 1, less the West 110 feet thereof, Block B, Columbia Subdivision, extending the time-period to commence vertical construction until August 26, 2021 and authorize the appropriate officials to execute same. (consent) 7.2 Page 3 City of Clearwater Printed on 7/30/2020 August 3, 2020Council Work Session Work Session Agenda Approve Local Mitigation Strategy (LMS) Supplemental Memo expressly acknowledging the Multijurisdictional Program for Public Information (PPI) is part of the LMS which was adopted by Council in Resolution 20-18 on May 7, 2020. (consent) 7.3 Approve an Interlocal Agreement between Pinellas County and the City of Clearwater and other NPDES Co-Permittees for Water Quality Monitoring and Assessment and authorize the appropriate officials to execute same. (consent) 7.4 8. Public Utilities Authorize a Purchase Order with John Mader Enterprises, Inc dba Mader Electric Motors of North Fort Myers, FL to provide services to repair, replace or supply utility plant equipment, for an initial not to exceed amount of $300,000 beginning August 19, 2020 through May 20, 2021 with the option for two, one-year extensions at an annual not to exceed amount of $400,000, making the total value $1.1 million, 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. Solid Waste Approve multiple vendor purchase orders as of a result of Invitation to Bid (ITB) 34-20, Mechanical, Electrical and Plumbing Services, for a total annual not-to-exceed amount of $4,000,000 with the option for three one-year renewal terms at the City’s discretion and authorize the appropriate officials to execute same. (consent) 9.1 10. Legal Confirm COVID-19 Emergency Proclamation and adopt Resolution 20-36.10.1 Adopt Ordinance 9367-20 on second reading, amending the future land use plan element of the Comprehensive plan to designate the land use for certain real properties whose post office addresses are 24323 and 24479 US Highway 19 North, all in Clearwater, Florida 33763, upon annexation into the City of Clearwater, as US 19 - Corridor (US 19 C) and Preservation (P). 10.2 Adopt Ordinance 9368-20 on second reading, amending the Zoning Atlas of the city by zoning certain real properties whose post office addresses are 24323 and 24479 US Highway 19 North, all in Clearwater, Florida 33763, upon annexation into the City of Clearwater, as US 19 (US 19) and Preservation (P). 10.3 Page 4 City of Clearwater Printed on 7/30/2020 August 3, 2020Council Work Session Work Session Agenda Adopt Ordinance 9387-20 on second reading, amending the Community Development Code Sections 3-1202.G, 3-1401.C, 3-2103, and Appendix B. 10.4 Adopt Ordinance 9391-20 on second reading, annexing certain real property whose post office address is 1704 Lucas Drive, Clearwater, Florida 33759, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 10.5 Adopt Ordinance 9392-20 on second reading, amending the future land use plan element of the Comprehensive Plan to designate the land use for certain real property whose post office address is 1704 Lucas Drive, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Low (RL). 10.6 Adopt Ordinance 9393-20 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1704 Lucas Drive, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 10.7 11. City Manager Verbal Reports Designate a Councilmember to serve as the City’s official voting delegate at the Florida League of Cities’ Annual Conference, August 14, 2020. 11.1 12. City Attorney Verbal Reports 13. Council Discussion Item PSTA Update - Vice Mayor Allbritton13.1 Mooring Mishaps in Mandalay Channel, Clearwater - Vice Mayor Allbritton13.2 Council Response to Citizens who want to meet with everyone - Mayor Hibbard 13.3 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 17. Presentation(s) for Council Meeting Page 5 City of Clearwater Printed on 7/30/2020 August 3, 2020Council Work Session Work Session Agenda Diversity Leadership Council Poster Presentation - Tabitha Green, Library and Karla Deas, Planning and Development 17.1 Page 6 City of Clearwater Printed on 7/30/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8053 Agenda Date: 8/3/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Finance Agenda Number: 2.1 SUBJECT/RECOMMENDATION: Comprehensive Annual Financial Report for Fiscal Year 2019 (WSO) SUMMARY: Presentation of the Comprehensive Annual Financial Report for Fiscal Year 2019. Page 1 City of Clearwater Printed on 7/30/2020 City of Clearwater, FloridaAudit Summary and Required Communications The Honorable Mayor, Members of City Council and Audit CommitteeCity of Clearwater, FloridaDear Honorable Mayor and Council Members:We have audited the accompanying financial statements of the governmental activities,the business-type activities, each major fund, and the aggregate remaining fundinformation of the City of Clearwater, Florida (the “City”) as of and for the year endedSeptember 30, 2019, and the related notes to the financial statements, which collectivelycomprise the City’s basic financial statements. We also have audited the respectivebudgetary comparisons for the general fund and the special financial statements of eachof the City’s nonmajor governmental funds, nonmajor enterprise funds, internal serviceand fiduciary funds presented as supplementary information, as defined bytheGovernmental Accounting Standards Board, in the accompanying combiningandindividual fund statements as of and for the year ended September 30, 2019,and haveissued our report thereon dated March 26, 2020.As required by auditing standards generally accepted in the United Statesof America,Government Auditing Standards,the Uniform Guidance and Chapter 10.550,Rules of theAuditor Generalwe are providing you with the information shown in this presentationrelative to the conduct of our audit. Such information is intended for the use of themanagement, the Audit Committee and City Council of the City, and is not intended foranyone other than these specified parties.CHERRY BEKAERT LLP2 Audit opinion –UnmodifiedReport on Internal Control over Financial Reporting and on Compliance–(No Comment)Report on Compliance for each Major Program and on Internal Control over Compliance –UnmodifiedManagement Letter –(No Comment)Report on Compliance with Local Government Investment Policies–UnmodifiedSchedule of Findings and Questioned CostsOther reports not included in CAFR:Report on Schedule of Revenues and Expenditures Related to Emergency Medical ServicesSummary of Deliverables3 Significant Accounting PoliciesDescribed in Note 1 to the financial statementsIn accordance with accounting principles generally accepted in the United States ofAmericaConsistent with industry practices and standards.Adoption of, or change in, accounting policies during fiscal year 2019GASB Statement No. 91 – Conduit Debt ObligationsGASB Statement No. 88 – Certain Disclosures Related to Debt, including DirectBorrowings and Direct PlacementsSignificant accounting policy changes will be implemented in the upcoming fiscalyearsGASB Statement No. 84 – Fiduciary ActivitiesGASB Statement No. 87 – LeasesSignificant or Unusual Transactions or PresentationsSingle Audit ComplianceAUDITOR’S REQUIRED COMMUNICATION (AU 380) 4 Presented by:John J. GilbertoLauren StropeCherry Bekaert LLP401 E. Jackson Street, Suite 1200Tampa, Florida 33602Email:jgilberto@cbh.comlstrope@cbh.comPhone: 813-251-1010Fax: 813-251-9235CONTACT INFORMATION5 CITY OF CLEARWATER, FLORIDA COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2019 2018/2019 The city of Clearwater, in a joint partnership with St. Petersburg College, opened the new Clearwater East Community Library at St. Petersburg College in April 2018. The new $15 million project was cooperatively funded with St. Petersburg College and is located on the college’s Clearwater Campus at 2465 Drew St. The 40,000-square-foot library includes 10,000 square feet of dedicated public space, 15,000 square feet of dedicated college space and 15,000 square feet of shared space. Highlights of the new state-of-the-art library include a dedicated children’s section with an educational discovery area, as well as a youth program room, a collection of more than 90,000 electronic and print materials, and two conference rooms. The library also features a drive-up service window for item pick-up and return. The college and the city share 40 public internet computers, access to both collections and a large community meeting room. George N. Cretekos Mayor David Albritton Dr. Bob Cundiff Hoyt Hamilton Jay Polglaze Councilmember Councilmember Councilmember Councilmember William B. Horne II City Manager Brian Jay Ravins Finance Director Prepared by: City of Clearwater Finance Department City of Clearwater, Florida Comprehensive Annual Financial Report for Fiscal Year Ended September 30, 2019 i ii City of Clearwater, Florida Comprehensive Annual Financial Report For the Fiscal Year Ended September 30, 2019 TABLE OF CONTENTS INTRODUCTORY SECTION: Title Page and List of Elected and Appointed Officials .......................................................................................... i Letter of Transmittal ............................................................................................................................................... v Certificate of Achievement for Excellence in Financial Reporting ....................................................................... ix Organizational Chart .............................................................................................................................................. x FINANCIAL SECTION: Report of Independent Auditor .............................................................................................................................. 1 Management’s Discussion and Analysis ............................................................................................................... 5 Basic Financial Statements: Government-wide Financial Statements: Statement of Net Position ........................................................................................................................... 20 Statement of Activities ................................................................................................................................ 21 Fund Financial Statements: Balance Sheet – Governmental Funds ..................................................................................................... 22 Reconciliation of the Balance Sheet of Governmental Funds to the Statement of Net Position ............ 23 Statement of Revenues, Expenditures, and Changes in Fund Balances - Governmental Funds ......... 24 Reconciliation of the Statement of Revenues, Expenditures, and Changes in Fund Balances of Governmental Funds to the Statement of Activities .......................................................................... 25 Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual (Non-GAAP Basis) – General Fund ...................................................................... 26 Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual (GAAP Basis) – Special Development Fund ......................................................... 27 Statement of Net Position – Proprietary Funds ........................................................................................ 28 Statement of Revenues, Expenses, and Changes in Net Position – Proprietary Funds ........................ 32 Statement of Cash Flows – Proprietary Funds ......................................................................................... 36 Statement of Fiduciary Net Position – Fiduciary Funds ........................................................................... 40 Statement of Changes in Fiduciary Net Position - Fiduciary Funds ........................................................ 41 Notes to the Basic Financial Statements ...................................................................................................... 42 Required Supplemental Information -– Pension Trust Funds .......................................................................... 106 Required Supplemental Information – Other Postemployment Benefits ......................................................... 112 Combining and Individual Fund Statements and Schedule Combining Balance Sheet – Nonmajor Governmental Funds .................................................................. 116 Combining Statement of Revenues, Expenditures and Changes in Fund Balances - Nonmajor Governmental Funds ............................................................................................................... 118 Schedule of Revenues, Expenditures, and Changes in Fund Balance – Budget and Actual (GAAP Basis) – Community Redevelopment Agency Special Revenue Fund ....... 121 Combining Statement of Net Position – Nonmajor Enterprise Funds ....................................................... 124 Combining Statement of Revenues, Expenses, and Changes in Net Position - Nonmajor Enterprise Funds...................................................................................................................... 125 Combining Statement of Cash Flows – Nonmajor Enterprise Funds ....................................................... 126 Combining Statement of Net Position – Internal Service Funds ............................................................... 130 iii City of Clearwater, Florida Comprehensive Annual Financial Report For the Fiscal Year Ended September 30, 2019 TABLE OF CONTENTS (Continued) Combining Statement of Revenues, Expenses, and Changes in Net Position – Internal Service Funds ................................................................................................................................. 131 Combining Statement of Cash Flows – Internal Service Funds ........................................................................ 132 Combining Statement of Fiduciary Net Position – Fiduciary Funds ................................................................... 136 Combining Statement of Changes in Fiduciary Net Position – Fiduciary Funds ............................................... 137 Statement of Changes in Assets and Liabilities – Agency Fund ....................................................................... 138 STATISTICAL SECTION: Introduction ............................................................................................................................................ 139 Schedule 1 Net Position by Component .................................................................................................................. 141 Schedule 2 Changes in Net Position ....................................................................................................................... 142 Schedule 2a Program Revenues by Function/Program............................................................................................ 145 Schedule 3 Fund Balances of Governmental Funds .............................................................................................. 146 Schedule 4 Changes in Fund Balances of Governmental Funds ........................................................................... 147 Schedule 5 Assessed Value and Estimated Actual Value of Taxable Property ................................................... 148 Schedule 6 Direct and Overlapping Property Tax Rates ........................................................................................ 149 Schedule 7 Property Tax Levies and Collections .................................................................................................... 150 Schedule 8a Principal Real Property Taxpayers ....................................................................................................... 151 Schedule 8b Principal Personal Property Taxpayers ................................................................................................ 152 Schedule 9 Ratios of Outstanding Debt by Type .................................................................................................... 153 Schedule 10 Ratios of General Bonded Debt Outstanding ...................................................................................... 154 Schedule 11 Direct and Overlapping Governmental Activities Debt ........................................................................ 155 Schedule 12 Legal Debt Margin Information ............................................................................................................. 156 Schedule 13 Pledged-Revenue Coverage ................................................................................................................ 157 Schedule 14 Demographic and Economic Statistics ................................................................................................. 159 Schedule 15 Principal Employers .............................................................................................................................. 160 Schedule 16 Full-time Equivalent City Government Employees by Function/Program ........................................... 161 Schedule 17 Operating Indicators by Function/Program .......................................................................................... 162 Schedule 18 Capital Asset Statistics by Function/Program ...................................................................................... 163 OTHER INFORMATION: Continuing Disclosure – Gas System Revenue Refunding Bonds, Series 2013 and 2014 ........................................ 166 Continuing Disclosure – Water & Sewer Revenue Refunding Bonds Series 2011, 2014, 2017 and 2017B; and Revenue Bonds Series 2009A ................................................................................................. 171 Continuing Disclosure – Stormwater System Revenue Refunding Bonds, Series 2012, 2013 and 2014 ................. 174 Fire Services Program ................................................................................................................................................... 175 SINGLE AUDIT / GRANTS COMPLIANCE SECTION: Report of Independent Auditor on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards ................................................................................................................................................ 179 Report of Independent Auditor on Compliance for Each Major Federal Program and State Financial Assistance Project, and on Internal Control over Compliance Required by the Uniform Guidance and Chapter 10.550, Rules of the Auditor General ............................................................................................. 181 Schedule of Expenditures of Federal Awards and State Financial Assistance Projects ............................................ 183 Notes to Schedule of Expenditures of Federal Awards and State Financial Assistance Projects .............................. 185 Schedule of Findings and Questioned Costs ................................................................................................................ 187 Independent Auditor’s Management Letter ................................................................................................................... 191 Report of Independent Accountant on Compliance with Local Government Investment Policies .............................. 193 Schedule of Receipts and Expenditures of Funds Related to the Deepwater Horizon Oil Spill ................................. 194 iv This Page Intentionally Left Blank ix City of Clearwater Organizational Chart Deputy City Manager Assistant City Manager Customer Service Police Department Finance & Budget Planning & Development Economic Development & Housing Gas System Internal Audit Information Technology Solid Waste / General Support Services Marine & Aviation Public Communications Library Fire Department Engineering Parks & Recreation Official Records & Legislative Services Human Resources Public Utilities Citizens of Clearwater City Council City Attorney Emergency Management City Manager CRA Operations x Report of Independent Auditor To the Honorable Mayor and City Council Members City of Clearwater, Florida Report on Financial Statements We have audited the accompanying financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of Clearwater, Florida (the “City”) as of and for the year ended September 30, 2019, and the related notes to the financial statements, which collectively comprise the City’s basic financial statements as listed in the table of contents. We have also audited the financial statements of each of the City’s nonmajor governmental funds, nonmajor enterprise funds, internal service funds, and fiduciary funds presented as supplementary information in the accompanying combining and individual fund statements as of and for the year ended September 30, 2019, as listed in the table of contents. Management’s Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. Auditor’s Responsibility Our responsibility is to express opinions on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor’s judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity’s preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity’s internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions. 1 Opinions In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City, as of September 30, 2019, and the respective changes in financial position and, where applicable, cash flows thereof, and the respective budgetary comparisons for the general fund and the special development fund, for the year then ended in accordance with accounting principles generally accepted in the United States of America. In addition, in our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of each of the nonmajor governmental funds, nonmajor enterprise funds, internal service funds, and fiduciary funds of the City as of September 30, 2019, and the respective changes in financial position and, where applicable, cash flows thereof for the year then ended, in accordance with accounting principles generally accepted in the United States of America. Other Matters Required Supplementary Information Accounting principles generally accepted in the United States of America require that the management’s discussion and analysis and the required supplementary information - Pension Trust Funds and Other Postemployment Benefits, as listed in the table of contents, be presented to supplement the basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. Other Information Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the City’s basic financial statements. The introductory section, budgetary comparison for the community redevelopment agency special revenue fund on page 121, and other information, as listed in the table of contents, are presented for purposes of additional analysis and are not a required part of the basic financial statements. The accompanying schedule of expenditures of federal awards and state financial assistance projects, as required by Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (“Uniform Guidance”) and Chapter 10.550, Rules of the Auditor General of the State of Florida, is also presented for purposes of additional analysis and is not a required part of the basic financial statements. The schedule of expenditures of federal awards and state financial assistance projects and the budgetary comparison for the community redevelopment agency special revenue fund are the responsibility of management and were derived from and relate directly to the underlying accounting and other records used to prepare the basic financial statements. Such information has been subjected to the auditing procedures applied in the audit of the basic financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the schedule of expenditures of federal awards and state financial assistance projects and the budgetary comparison for the community redevelopment agency special revenue fund are fairly stated, in all material respects, in relation to the basic financial statements as a whole. 2 The introductory, statistical, and other information sections, as listed in the table of contents, have not been subjected to the auditing procedures applied in the audit of the basic financial statements and, accordingly, we do not express an opinion or provide any assurance on them. Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated March 26, 2020 on our consideration of the City’s internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the City’s internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the City’s internal control over financial reporting and compliance. Tampa, Florida March 26, 2020 3 4 This Page Intentionally Left Blank 5 Management’s Discussion and Analysis This Management’s Discussion and Analysis report provides the reader with a narrative overview and analysis of the financial activities of the City for the fiscal year ended September 30, 2019. Management’s Discussion and Analysis (MD&A) should be read in conjunction with the City’s Transmittal Letter, which begins on page v of this report. Financial Highlights  The City’s assets and deferred outflows of resources exceeded its liabilities and deferred inflows of resources at the close of fiscal year 2019 by $1.0 billion (net position). Of this amount, $330.8 million (unrestricted net position) may be used to meet the government’s ongoing obligations to citizens and creditors.  The City’s total net position increased by $86.3 million, or 9.0%, from the prior year’s net position. Net position for governmental activities increased by $39.1 million, or 8.5%, while the business-type net position increased by $47.2 million, or 9.5%.  Governmental net position increased $39.1 million in fiscal 2019, versus an increase of $3.3 million in fiscal 2018. A decrease of $6.2 million in governmental program expenses, primarily in the general government, physical environment and culture and recreation programs, along with an increase in governmental program revenues of $2.7 million, resulted in a decrease in net program expenses of $8.9 million. Total general revenues for governmental activities increased by $24.4 million, or 24.7%, primarily due to a $13.4 million increase in property taxes and an increase of $8.8 million in investment earnings due to an increase in market valuation of the City’s investment portfolio. Transfers from business-type activities increased $2.6 million.  Business-type net position increased $47.2 million in fiscal 2019, versus an increase of $15.9 million in fiscal 2018. Net revenue from business-type activities, before investment earnings and transfers, increased $22.7 million, or 85.6%, as the result of an increase in charges for services of $6.4 million and an increase in grants and contributions of $769 thousand, in addition to a decrease in program expenses of $15.5 million. The most significant increases in charges for services were in the Water & Sewer Utility ($3.2 million), where charges for services increased as a result of a 4% rate increase effective October 1, 2018, and in the Solid Waste Utility ($1.3 million) due to a 3.75% rate increase effective October 1, 2018, plus moderate growth. General revenues increased $11.2 million as the result of an increase in investment earnings due to an increase in market valuation of the City’s investment portfolio. Transfers to governmental activities increased $2.6 million.  At September 30, 2019, the City’s governmental funds reported combined ending fund balances of $140.3 million, an increase of $22.4 million, or 19.0%, in comparison with the prior year. Of this amount, $38.2 million (or 27.2%) is available for spending at the government’s discretion (unassigned fund balance).  At September 30, 2019, unrestricted fund balance (the total of the committed, assigned and unassigned components of fund balance) for the general fund was $38.6 million, or 29.8% of total fiscal 2019 general fund expenditures.  Total outstanding long-term liabilities decreased $13.3 million from the prior year, primarily due to a reduction in bonded debt in the amount of $10.8 million, a decrease in lease purchase contracts of $8.0 million, and a decrease in claims payable of $823 thousand; offset by an increase in the liability for compensated absences of $727 thousand, and an increase in the liability for other postemployment benefits of $5.6 million. Overview of the Financial Statements This discussion and analysis (MD&A) is intended to serve as an introduction to the City of Clearwater’s basic financial statements. The City’s basic financial statements are comprised of three components: 1) government-wide financial 6 statements, 2) fund financial statements, and 3) notes to the financial statements. This report also contains other supplementary information in addition to the basic financial statements themselves. Government-Wide Financial Statements The government-wide financial statements are the statement of net position and the statement of activities. These statements report information about the City as a whole using accounting methods similar to those used by private-sector businesses. Emphasis is placed on the net position of governmental activities and business-type activities, and the change in net position. Governmental activities are principally supported by taxes and intergovernmental revenues. Governmental activities include most of the City’s basic services, including police, fire, public works, parks and recreation, and general administration. Business-type activities are intended to recover all or a significant portion of their costs through user fees and charges. The City’s water and sewer system, stormwater system, gas system, solid waste and recycling, marine, aviation, Clearwater Harbor Marina, and parking system operations are reported as business-type activities.  The statement of net position presents information on all of the City’s assets, deferred outflows of resources, liabilities, and deferred inflows of resources, with the difference reported as net position. Over time, increases or decreases in net position may serve as a useful indicator as to whether the financial position of the City is improving or deteriorating. Net position is reported in three major categories: 1) net investment in capital assets; 2) restricted; and 3) unrestricted.  The statement of activities presents information showing how the City’s net position changed as a result of the year’s activities. All changes in net position are recorded in the period in which the underlying event takes place, which may differ from the period in which cash is received or disbursed. The Statement of Activities displays the expense of the City’s various programs net of related revenues, as well as a separate presentation of revenues available for general purposes. The government-wide financial statements include not only the City of Clearwater itself but also the Clearwater Redevelopment Agency (CRA). The CRA, though legally separate, is reported as part of the primary government as a blended component unit because the City Council serves as the CRA’s governing board and City management has operational responsibility for the CRA. Fund Financial Statements A fund is a grouping of related accounts that is used to maintain control over resources that have been segregated for specific activities or objectives. The fund financial statements provide detailed information about the City’s major funds – not the City as a whole. Fund accounting helps to ensure and demonstrate compliance with finance-related legal requirements. Based on restrictions on the use of monies, the City has established many funds that account for the multitude of services provided to residents. These fund financial statements focus on the City’s most significant funds: governmental, proprietary, and fiduciary. Governmental funds. Governmental funds are used to report most of the City’s basic services. These funds are used to account for essentially the same functions reported as governmental activities in the government-wide financial statements. The funds focus on the inflows and outflows of current resources and the balances of spendable resources available at the end of the fiscal year. Such information may be useful in evaluating a government’s near-term financing requirements. Because the focus of governmental funds is narrower than that of the government-wide financial statements, it is useful to compare the information presented for governmental funds with similar information presented for governmental activities in the government-wide financial statements. By doing so, readers may better understand the long-term impact of the government’s near-term financing decisions. Both the governmental fund balance sheet and the governmental fund statement of revenues, expenditures, and changes in fund balances provide a reconciliation to facilitate this comparison between governmental funds and governmental activities. The City maintains ten individual governmental funds. Information is presented separately in the governmental funds balance sheet and in the governmental funds statement of revenues, expenditures, and changes in fund balances for the General, Special Development, and Capital Improvement funds, which are considered to be major funds. Data from the other seven governmental funds are combined into a single aggregated columnar presentation. Individual fund data for each of these nonmajor governmental funds is provided in Combining and Individual Fund Statements and Schedules section of this report. 7 Annual appropriated budgets are adopted for the General Fund, the Special Development Special Revenue Fund, and the Community Redevelopment Agency Special Revenue Fund. Budgetary comparison statements and/or schedules have been provided for these funds to demonstrate budgetary compliance. The basic governmental fund financial statements can be found on pages 22-27 of this report. Proprietary funds. The City maintains two different types of proprietary funds. Enterprise funds are used to report the same functions presented as business-type activities in the government-wide financial statements. The City uses enterprise funds to account for the fiscal activities related to water and sewer, gas, solid waste & recycling and stormwater utilities, along with marine, aviation, parking system, and Clearwater Harbor Marina downtown boat slip operations. Internal service funds are an accounting device used to accumulate and allocate costs internally among the City’s various functions. The City uses internal service funds to account for the City’s building maintenance, custodial services, self- insurance program, risk management program, employee group insurance, vehicle acquisition and maintenance, and various support activities including data processing, telecommunications, and postal services. All of the City’s internal service funds predominantly benefit governmental activities and consequently have been aggregated and included within governmental activities in the government-wide financial statements. Proprietary funds provide the same type of information as the government-wide financial statements, only in more detail. The proprietary fund financial statements provide separate information for the Water and Sewer Utility, Gas Utility, Solid Waste & Recycling Utility, and Stormwater Utility enterprise funds, which are considered to be major funds of the City. The remaining four non-major enterprise funds are combined into a single aggregated presentation in the proprietary fund financial statements. Similarly, governmental activity internal service funds are aggregated into a single presentation. Individual fund data for the non-major enterprise funds and the internal service funds is provided in the form of combining statements in the supplementary information section of this report. The basic proprietary fund financial statements can be found on pages 28-39 of this report. Fiduciary funds. Fiduciary funds are used to account for resources held for the benefit of parties outside the government. Fiduciary funds are not reflected in the government-wide financial statements because the resources of the fiduciary funds are not available to support the City’s own programs. The accounting used for fiduciary funds is similar to proprietary funds. The City of Clearwater maintains two different types of fiduciary funds. Pension trust funds are used to report resources held in trust for retirees and beneficiaries covered by the City’s pension plans. An agency fund is used to report resources held by the City in a custodial capacity for individuals, private organizations and other governments, such as the Clearwater Downtown Development Board. The fiduciary fund statements can be found on pages 40-41 of this report. Notes to the Financial Statements The notes to the financial statements provide additional information that is essential for a full understanding of the information provided in the government-wide and fund financial statements, including the City’s progress in funding its obligations to provide pension benefits and other post-employment benefits to its employees. The notes to the financial statements can be found on pages 42-105 of this report. Other Information In addition to the basic financial statements and accompanying notes, this report also presents certain required supplementary information concerning the City’s progress in funding its obligations to provide pension benefits and other post-employment benefits to its employees. Required supplementary information can be found on pages 106-112 of this report. The combining statements referred to earlier in connection with non-major governmental funds, non-major enterprise funds, and internal service funds, are presented immediately following the required supplementary information. Combining and individual fund statements can be found on pages 116-138 of this report. 8 Government-Wide Financial Analysis The total net position of the City increased in both fiscal 2019 and fiscal 2018. As noted earlier, net position may serve over time as a useful indicator of a government’s financial position. In the case of the City, assets exceeded liabilities by $1.0 billion at the close of the fiscal year ended September 30, 2019. This represents an increase of $86.3 million from the September 30, 2018 total net position of $958.7 million. The City reports positive balances in all three categories of net position, both for the government as a whole as well as for its separate governmental and business-type activities, for both the current year and the prior year, as indicated in the following table: 2019 2018 2019 2018 2019 2018 Assets Current and other assets 291,431,458$ 290,370,845$ 300,350,373$ 291,290,293$ 591,781,831$ 581,661,138$ Capital assets 290,671,128 288,091,527 447,607,180 422,314,479 738,278,308 710,406,006 Total assets 582,102,586 578,462,372 747,957,553 713,604,772 1,330,060,139 1,292,067,144 Deferred Outflows of Resources 21,523,123 6,208,613 18,286,260 14,400,606 39,809,383 20,609,219 Liabilities Current and other liabilities 13,310,030 14,672,641 25,439,124 22,084,705 38,749,154 36,757,346 Long-term debt outstanding: Due within one year 16,129,395 16,934,771 8,059,629 11,080,872 24,189,024 28,015,643 Due in more than one year 48,789,599 52,828,862 178,567,623 183,999,852 227,357,222 236,828,714 Total liabilities 78,229,024 84,436,274 212,066,376 217,165,429 290,295,400 301,601,703 Deferred Inflows of Resources 26,585,705 40,558,673 7,979,462 11,848,451 34,565,167 52,407,124 Net position Net investment in capital assets 267,702,798 256,608,202 281,131,706 250,409,877 548,834,504 507,018,079 Restricted 129,078,592 145,996,231 36,270,729 54,034,436 165,349,321 200,030,667 Unrestricted 102,029,590 57,071,605 228,795,540 194,547,185 330,825,130 251,618,790 Total net position 498,810,980$ 459,676,038$ 546,197,975$ 498,991,498$ 1,045,008,955$ 958,667,536$ City of Clearwater, Florida - Net Position Governmental Activities Business-type Activities Total A large portion of the City’s net position (52.5%) represents its net investment in capital assets (e.g., land, infrastructure, land improvements, buildings, and equipment, less any related outstanding debt used to acquire those assets). The City uses these capital assets to provide services to citizens, and consequently these assets are not available for future spending. Although the City’s investment in capital assets is reported net of related debt, it should be noted that the resources needed to repay this debt must be provided from other resources, since the capital assets themselves will not be used to liquidate these liabilities. There was an increase of $11.1 million (4.3%) in net investment in capital assets for governmental activities versus the previous year. The increase was due to a decrease in related revenue bond debt of $774 thousand and a decrease of $7.7 million in capital lease purchase contracts, plus a net increase of $2.6 million in governmental capital assets for the current fiscal year. The increase in governmental capital assets of $2.6 million resulted from capital asset additions of $25.2 million offset by depreciation expense of $21.4 million, and net capital asset retirements of $1.2 million. Net investment in capital assets for business-type activities increased by $30.7 million, or 12.3%, due to a net increase in business-type capital assets of $25.3 million consisting of $46.0 million of net capital asset additions, offset by $20.7 million in current year depreciation expense, plus a decrease of $5.4 million in related debt, net of unspent bond proceeds. An additional portion of the City’s net position (15.8%) represents resources that are subject to external restrictions on how they may be used. The remaining balance of unrestricted net position ($330.8 million or 31.7%) may be used to meet the government’s ongoing obligations to citizens and creditors. 9 Changes in Net Position The following table reflects the changes in net position for the years ended September 30, 2019, and September 30, 2018: 2019 2018 2019 2018 2019 2018 Revenues Program revenues: Charges for services 47,141,917$ 44,768,013$ 192,040,050$ 185,595,134$ 239,181,967$ 230,363,147$ Operating grants and contributions 8,629,890 7,456,355 664,173 82,821 9,294,063 7,539,176 Capital grants and contributions 6,256,668 7,146,133 3,972,854 3,785,420 10,229,522 10,931,553 General revenues: Property taxes 64,050,066 50,609,855 - - 64,050,066 50,609,855 Sales taxes 19,838,771 19,014,835 - - 19,838,771 19,014,835 Utility taxes 16,448,848 15,544,160 - - 16,448,848 15,544,160 Communications services taxes 4,370,997 4,721,390 - - 4,370,997 4,721,390 Other taxes 9,449,621 8,727,550 - - 9,449,621 8,727,550 Other 8,798,962 (35,930) 10,811,582 (350,107) 19,610,544 (386,037) Total revenues 184,985,740 157,952,361 207,488,659 189,113,268 392,474,399 347,065,629 Expenses General Government 15,981,716 18,322,909 - - 15,981,716 18,322,909 Public Safety 71,644,725 67,737,092 - - 71,644,725 67,737,092 Physical Environment 551,540 4,054,997 - - 551,540 4,054,997 Transportation 15,956,724 17,019,774 - - 15,956,724 17,019,774 Economic Environment 7,670,612 6,205,041 - - 7,670,612 6,205,041 Human Services 573,879 462,569 - - 573,879 462,569 Culture and Recreation 45,595,432 50,484,936 - - 45,595,432 50,484,936 Interest on Long-term Debt 808,381 744,723 - - 808,381 744,723 Water and Sewer Utility - - 68,458,255 82,197,278 68,458,255 82,197,278 Gas Utility - - 35,552,937 35,568,928 35,552,937 35,568,928 Solid Waste Utility - - 19,327,785 17,053,411 19,327,785 17,053,411 Stormwater Utility - - 11,729,743 14,550,070 11,729,743 14,550,070 Recycling Utility - - 1,593,947 3,041,556 1,593,947 3,041,556 Other - - 10,687,304 10,470,978 10,687,304 10,470,978 Total expenses 158,783,009 165,032,041 147,349,971 162,882,221 306,132,980 327,914,262 26,202,731 (7,079,680) 60,138,688 26,231,047 86,341,419 19,151,367 Transfers 12,932,211 10,340,812 (12,932,211) (10,340,812) - - Increase in net position 39,134,942 3,261,132 47,206,477 15,890,235 86,341,419 19,151,367 Net position - beginning 459,676,038 456,414,906 498,991,498 483,101,263 958,667,536 939,516,169 Total net position - ending 498,810,980$ 459,676,038$ 546,197,975$ 498,991,498$ 1,045,008,955$ 958,667,536$ City of Clearwater, Florida - Changes in Net Position transfers Governmental Activities Business-type Activities Totals Increase in net position before Governmental Activities Net position of governmental activities increased by $39.1 million from $459.7 million to $498.8 million as of September 30, 2019. This represents a 8.5% increase in net position for governmental activities. Total expenses for governmental activities decreased by $6.2 million, or 3.8%, versus the prior year. The most significant decreases were in the general government program ($2.3 million), the physical environment program ($3.5 million), the transportation program ($1.1 million) and the culture and recreation program ($4.9 million); offset by increases in the public safety program ($3.9 million) and the economic environment program ($1.5 million). Total program revenues for governmental activities increased by $2.7 million, or 4.5%, versus the prior year. This increase was due to a $2.4 million increase in charges for services, an increase in operating grants and contributions of $1.2 million, and a decrease of $889 thousand in capital grants and contributions. 10 Total general revenues for governmental activities increased by $24.4 million, or 24.7%, primarily due to a $13.4 million increase in property taxes and an increase of $8.8 million in investment earnings due to an increase in market values of the City’s investment portfolio. Transfers from business-type activities increased $2.6 million. The cost of all governmental activities this year was $158.8 million. This reflects a decrease of $6.2 million, or 3.8%, from the fiscal 2018 total of $165.0 million. However, as shown on the Statement of Activities, the amount that the City’s taxpayers ultimately financed for fiscal 2019 activities totaled $96.8 million, because some of the cost was paid for by those who directly benefited from the programs ($47.1 million) or by other governments and organizations that subsidized certain programs with grants and contributions ($14.9 million). This total of $96.8 million is $8.9 million, or 8.4%, less than the fiscal 2018 amount financed from general revenues. $0 $10 $20 $30 $40 $50 $60 $70 $80 Millions Expenses and Program Revenues - Governmental Activities For the Year Ended September 30, 2019 Expenses Revenues General Government PublicSafety Physical Transportation Economic Environment Human Culture and Recreation Interest on Long-term Debt Charges for services 25.5% Operating grants and contributions 4.7% Capital grants and contributions 3.4% Property taxes 34.6%Sales taxes 10.7% Utility taxes 8.9% Communications services taxes 2.4% Other taxes 5.1% Other revenues 4.7% Revenues by Sources - Governmental Activities For the Year Ended September 30, 2019 11 Business-type Activities Net position for business-type activities increased by $47.2 million from $499.0 million at September 30, 2018, to $546.2 million as of September 30, 2019. This represents an increase of 9.5% in net position for business-type activities. Net revenue from business-type activities, before investment earnings and transfers, increased from $26.6 million for the prior year to $49.3 million for fiscal 2019. This $22.7 million, or 85.6%, increase was primarily the result of an increase in charges for services of $6.4 million and an increase in grants and contributions of $769 thousand, in addition to a decrease in program expenses of $15.5 million. Total program revenues for business-type activities increased by $7.2 million, or 3.8%, to $196.7 million versus the prior year total of $189.5 million, due primarily to an increase of $6.4 million (3.5%) in charges for services. In the Water & Sewer Utility, charges for services increased as a result of a 4% rate increase effective October 1, 2018, and in the Solid Waste Utility due to a 3.75% rate increase effective October 1, 2018 plus moderate growth. Total expenses for business-type activities decreased by $15.5 million, or 9.5%, from $162.8 million in fiscal 2018 to $147.3 million for fiscal 2019. The majority of this decrease is in the Water & Sewer Utility ($13.7 million) and the Stormwater Utility ($2.8 million), and the Recycling Utility ($1.4 million); offset by an increase in the Solid Waste Utility of $2.3 million. Transfers to governmental activities increased $2.6 million, or 25.1%. $0 $10,000,000 $20,000,000 $30,000,000 $40,000,000 $50,000,000 $60,000,000 $70,000,000 $80,000,000 $90,000,000 $100,000,000 Water and Sewer Utility Gas Utility Solid Waste Utility Stormwater Utility Recycling Other Expenses and Program Revenue - Business-type Activities For the Year Ended September 30, 2019 Expenses Revenues 12 Financial Analysis of the City’s Funds As noted earlier, the City uses fund accounting to ensure and demonstrate compliance with finance-related legal requirements. Governmental Funds The focus of the City’s governmental funds is to provide information on near-term inflows, outflows, and balances of spendable resources. Such information is useful in assessing the City’s financing requirements. In particular, unassigned fund balance may serve as a useful measure of a government’s net resources available for spending at the end of the fiscal year. The City reports the General Fund, Special Development Fund, and Capital Improvement Fund as major governmental funds. The City’s governmental funds for the year ended September 30, 2019, reflect a combined fund balance of $140.3 million versus $117.9 million for the prior year, an increase of $22.4 million. A total of $38.2 million, or 27.21%, represents unassigned fund balance available for spending at the government’s discretion. The remainder of the fund balance is classified as assigned ($6.3 million or 4.48%) to indicate that it is intended to be used for specific purposes supported by management’s intent; committed ($19.7 million or 14.02%) to indicate that it can be used only for the specific purposes determined by a formal vote of the City Council; restricted ($76.1 million or 54.25%) to indicate that it can be spent only for the specific purposes stipulated by constitution, external resource providers, or through enabling legislation; or nonspendable ($59 thousand or 0.04%) to indicate that it cannot be spent or is legally or contractually required to remain intact. The General Fund is the chief operating fund of the City. At September 30, 2019, unassigned fund balance of the General Fund totaled $38.2 million, with the remaining $501 thousand in fund balance classified as nonspendable or assigned. As a measure of the general fund’s liquidity it is useful to compare unassigned fund balance to total fund expenditures. Unassigned fund balance represents 29.4% of total general fund expenditures (GAAP basis before transfers) for the current fiscal year. The fund balance of the Special Development Fund increased from $4.7 million to $11.0 million, an increase of $6.3 million or 131.7%, during the current fiscal year versus a decrease of $8.1 million for fiscal 2018. Total revenues increased Charges for services 97.64% Operating grants and contributions .34% Capital grants and contributions 2.02% Revenues by Source - Business-type Activities For the Year Ended September 30, 2019 13 by $4.3 million, primarily due to an increase in investment earnings of $2.6 million due to improved market conditions as well as an increase in the average balance of cash and investments; an increase in property, infrastructure sales, and local option gas taxes of $1.2 million; and an increase in impact fees of $450 thousand. Transfers in increased by $900,000, due to the return of unused Penny for Pinellas revenues from the Crest Lake Park Improvements project in the Capital Improvement Fund, while transfers out decreased by $9.1 million primarily due to a decrease in transfers to the Capital Improvement Fund to fund projects. The fund balance for the Capital Improvement Fund increased from $59.9 million to $64.5 million during the current fiscal year. This increase of $4.6 million is primarily the result of current year capital project funding received from other funds in excess of current year capital project expenditures. This is typical volatility for the Capital Improvement Fund due to timing differences between project funding and project spending. The fund balances for Other (non-major) Governmental Funds posted an increase of $554 thousand (from $25.5 million to $26.0 million) during the current fiscal year. Proprietary Funds The City’s proprietary funds provide the same type of information found in the government-wide financial statements, but in more detail. The City reports the Water and Sewer Utility Fund, the Gas Utility Fund, the Solid Waste & Recycling Utility Fund, and the Stormwater Utility Fund as major funds. The Water and Sewer Utility Fund realized a $19.6 million increase in net position versus a $178 thousand decrease for the prior year. Operating revenues increased by $3.2 million, or 3.9%, while operating expenses decreased $13.6 million, or 17.7%. This resulted in a net increase in operating income of $16.8 from $7.2 million in fiscal 2018 to $24.0 million in 2019. Additionally, capital grants and contributions decreased by $839 thousand, or 30.9%, and investment earnings increased by $4.9 million (1922.3%). The increase in operating revenues was primarily the result of a 4.0% rate increase effective October 1, 2018. The decrease in operating expenses was primarily due to a decrease in depreciation expense of $17.2 million from fiscal 2018 due to a change in accounting estimate that increased depreciation expense in fiscal 2018, offset by increased costs for personal services due to the annual pension and OPEB expense, operating materials and supplies, and professional fees. Operating expenses also decreased as a result of a decrease in water purchased from Pinellas County due to a decreasing reliance on that water supply. The Gas Utility Fund realized an increase of $8.6 million in net position versus a $6.4 million increase for the prior year. Operating revenues increased by $642 thousand, or 1.4%, from the prior year, and operating expenses decreased by $50 thousand (0.14%). This resulted in a net increase in operating income of $692 thousand from $9.7 million in 2018 to $10.4 million in 2019. Operating revenues increased due to additional installations. The increase in operating expenses was primarily due to increased costs for personal services of $1.1 million due to the annual pension and OPEB expense, increased fuel purchases for resale in the amount of $1.5 million, offset by decreased advertising costs of $607 thousand due to a decrease in promotional fees paid to builders as an incentive to build with gas, and a decrease in depreciation expense of $2.1 million from fiscal 2018 due to a change in accounting estimate that increased depreciation expense in fiscal 2018. Transfers to other funds increased by $279 thousand, or 9.7%, primarily due to the increased dividend to the General Fund computed on the fiscal 2018 change in net position. The Solid Waste & Recycling Utility Fund realized a $6.7 million increase in net position versus a $3.4 increase in the prior year. Operating revenues increased by $1.9 million, or 7.7%, while operating expenses also increased by $736 thousand (3.6%), resulting in an increase of $1.2 million in operating income. The increase in operating revenues was primarily due to a rate increase of 3.75% effective October 1, 2018 plus moderate growth, in addition to revenues of $662 thousand due from FEMA for Hurricane Irma debris removal and $161 thousand in rebates for CNG vehicles. The increase in operating expenses was primarily due to increased costs for personal services of $568 thousand due to the annual pension and OPEB expense, as well as an increase in dumping charges of $416 thousand due to increased tonnage disposed at the Pinellas County landfill, offset by a decrease in depreciation expense of $218 thousand from fiscal 2018 due to a change in accounting estimate that increased depreciation expense in fiscal 2018. The Stormwater Utility Fund realized an increase in net position of $8.2 million versus a prior year increase of $3.8 million. Operating revenues increased by $939 thousand, or 5.1%, and operating expenses decreased $2.8 million, or 20.2%, resulting in an increase of $3.7 million in operating income. Operating revenues increased due to a rate increase of 0.5% effective October 1, 2018, as well as funding in the amount of $871 thousand that was returned from the Army Corps of Engineers for the Stevenson’s Creek Estuary project. Operating expenses decreased primarily due a decrease in depreciation expense of $2.6 million from fiscal 2018 due to a change in accounting estimate that increased depreciation expense in fiscal 2018 in addition to a decrease in repairs and maintenance charges of $813 thousand due to the 14 completion of various stormwater repair projects, offset by an increase in personal services of $439 thousand due to the annual pension and OPEB expense as well as an increase in professional services of $224 thousand due to studies for Cooper’s Point, Bird Island, Old Clearwater Bay and the Overbrook Avenue property. There was also an increase in capital grants and contributions of $278 thousand (30.8%) as a result of funding received from the Southwest Florida Water Management District for work completed on the Hillcrest Bypass Culvert project. Unrestricted net position and changes in net position of the proprietary funds for fiscal years 2019 and 2018: Fund 2019 2018 2019 2018 Water and Sewer Utility 98,248,327$ 67,936,966$ 19,635,287$ (178,160)$ Gas Utility 29,385,768 36,320,368 8,554,658 6,410,549 Solid Waste & Recycling Utility 31,353,565 32,600,009 6,652,662 3,409,843 Stormwater Utility 43,334,867 36,783,576 8,217,196 3,787,834 Other funds 22,760,064 18,354,734 2,985,257 1,243,552 Totals 225,082,591$ 191,995,653$ 46,045,060$ 14,673,618$ Unrestricted Net Position Change in Net Position General Fund Budgetary Highlights The final amended budget for General Fund expenditures reflected a net increase of $2,092,466, or 1.6%, from the original budget. Key elements of this increase were as follows:  First Quarter Budget Amendments included an increase of $370 for employee recognition in various departments for the safety award; an increase of $50,000 to fund the reimbursement grant to the U.S. Coast Guard Auxiliary BE SAFE Inc.; an increase of $663,905 to fund the cost of the IAFF contract, offset by a transfer of $539,900 from non- departmental; and an increase of $143,669 for Fire Department overtime.  Mid-Year Budget Amendments included an increase of $336 for employee recognition in the Engineering Department for the safety award; a decrease of $200,000 in salary and operating expenditures in Parks and Recreation; an increase of $30 in employee recognition in Parks and Recreation; an increase of $986,490 to fund the cost of the FOP Officers and FOP Supervisors agreements, offset by a transfer of $760,100 from non-departmental; and an increase of $1,825,000 to fund the purchase of the North Ward Elementary School property.  Third Quarter Budget Amendments included an increase of $56,820 in City Manager salaries related to two new positions; an increase of $62,000 in CRA Administration salaries due to staffing reorganization; a decrease of $105,564 in contributions to the fire supplemental pension plan; a decrease of $53,815 in Parks and Recreation operating expenses; an increase of $30,000 for construction inspection services in Planning and Development; a decrease of $30,000 in neighborhood programs in Planning and Development; an increase of $2,246 for employee recognition in the Police Department for the safety award; an increase of $260,979 in contributions to the police supplemental pension plan; and a decrease of $300,000 in salaries and garage charges in the Police Department. Final budgeted revenues reflect a net increase of $4,964,403, or 3.6%, from the original budget primarily due to the following:  First Quarter Budget Amendments included an increase of $143,669 in intergovernmental revenues to reflect an increase to Pinellas County Fire/EMS reimbursement revenue; and an increase of $1,543,149 in miscellaneous revenues to reflect surplus land sale revenues representing the sale of the old East Library and Damascus Road properties.  Mid-Year Budget Amendments included an increase of $30 in miscellaneous revenues to reflect donations to Parks and Recreation for employee appreciation. 15  Third Quarter Budget Amendments included an increase of $132,140 in property tax revenues to reflect actual collections for the year; an increase of $700,000 in utility tax revenues to bring the budget in line with anticipated collections for the year; a decrease of $150,000 in communication service tax revenues to bring the budget in line with actual activity; an increase of $400,000 in franchise fee revenues to reflect an increase in Duke Energy fees and bring the budget in line with anticipated receipts for the year; an increase of $500,000 in building/sign permit revenues; an increase of $25,000 in forfeited permit fees; an increase of $155,415 in intergovernmental revenues to reflect a net increase in public safety supplemental pension revenue; a decrease of $90,000 to Parks and Recreation instructor commissions; an increase of $350,000 to concession souvenir revenues at Pier 60; an increase of $130,000 to court fines; an increase of $275,000 to red light camera fines; an increase of $300,000 to interest earnings; an increase of $450,000 to beach rental revenues; and an increase of $100,000 to other general revenues. Final budgeted “transfers in” from other funds reflect an increase of $739,952 or 6.7%, from the original budget primarily due to:  A transfer of $2,952 from the Central Insurance Fund for safety award funding; and  A transfer of $30,000 from the Special Programs Fund to return unused funds from the Economic Development Incentives program; and  A transfer of $62,000 from the Community Redevelopment Agency to fund increased salaries for the year; and  A transfer of $645,000 from the Gas Utility Fund for an increase to the annual gas dividend. Final budgeted “transfers out” reflect an increase of $1,613,185 or 10.4%, from the original budget primarily due to:  A transfer of $383,085 to the Capital Improvement Fund for the City Hall Move project;  A transfer of $200,000 to the Special Programs Fund for the Special Events program;  A transfer of $53,815 to the Capital Improvement Fund for the Moccasin Lake Park project;  A transfer of $130,000 to the Capital Improvement Fund for the Belmont Park Revitalization project;  A transfer of $300,000 to the Capital Improvement Fund for the Police Information Systems project;  A transfer of $296,285 to the Community Redevelopment Agency to recognize the increase in the City’s portion of Tax Increment Financing for fiscal year 2019;  A transfer of $100,000 to the Capital Improvement Fund for the Sustainability Initiatives project; and  A transfer of $150,000 to the Capital Improvement Fund for the Environmental Assessment & Cleanup project. Total actual revenues for the General Fund for fiscal 2019 were $4,064,002, or 2.9%, greater than final budgeted revenues. The most significant excesses were $1.1 million in investment earnings primarily due to net appreciation in fair value as a result of market conditions, $561 thousand in utility taxes, $495 thousand in franchise fees, $544 thousand in fines and forfeitures and $678 thousand in miscellaneous revenues. Fiscal 2019 actual expenditures for the General Fund were $4,985,649 (3.7%) less than final budgeted expenditures, primarily due to budget savings across most City departments for fiscal 2019. Capital Asset and Debt Administration Capital Assets Capital assets include land, buildings and building improvements, improvements other than buildings, machinery and equipment, and infrastructure. The infrastructure asset category includes long-lived capital assets, typically stationary in nature, such as roads, sidewalks, and bridges. At September 30, 2019, the City had investments in capital assets totaling $738,278,308 (net of accumulated depreciation). 16 2019 2018 2019 2018 2019 2018 Land 89,536$ 87,589$ 31,969$ 31,969$ 121,505$ 119,558$ Buildings 91,093 90,316 51,757 36,089 142,850 126,405 Improvements other than buildings 19,697 12,581 321,420 312,838 341,117 325,419 Machinery and equipment 31,434 29,496 8,521 7,935 39,955 37,431 Infrastructure 48,561 53,064 - - 48,561 53,064 Construction in progress 10,350 15,046 33,940 33,483 44,290 48,529 Total 290,671$ 288,092$ 447,607$ 422,314$ 738,278$ 710,406$ * Net of accumulated depreciation Governmental Activities TotalBusiness-type Activities City of Clearwater, Florida - Capital Assets* (amounts in thousands) Net capital assets for the City’s governmental activities increased from $288.1 million to $290.7 million, reflecting an increase of $2.6 million for the current fiscal year. Capital asset additions of $25.2 million were offset by depreciation expense of $21.4 million, and net capital asset retirements totaling approximately $1.2 million. Major fiscal 2019 completed governmental capital projects include $3.2 million for Druid Road Improvements, $6.6 million for construction of the Morningside Recreation Center, $1.8 million for the Joe DiMaggio Sports Complex, and $930 thousand for Jack Russell Stadium Improvements. Net capital assets for the City’s business-type activities increased from $422.3 million to $447.6 million, reflecting an increase of $25.3 million for the current fiscal year. Capital asset additions of $46.0 million were offset by depreciation expense of $20.7 million. Major fiscal 2019 completed business-type capital projects included $2.2 million for the stormwater street sweeping facility, $4.4 million for stormwater improvements in the East Gateway area, $17.2 million for buildings at the new Clearwater Gas complex, $588 thousand for reclaimed water system improvements, $2.3 million for water distribution system improvements, and $3.0 million for sewer collection system improvements. Additional information on the City’s capital assets can be found in Note III (C) on the notes to the financial statements. Long-term debt and other long-term liabilities The City’s total long-term liabilities decreased from $264.8 million to $251.5 million, a decrease of $13.3 million or 5.3%. Long-term liabilities for governmental activities decreased by $4.8 million, or 6.9%, while long-term liabilities for business- type activities decreased by $8.5 million or 4.3%. Key factors contributing to these changes included:  The decrease in long-term liabilities for governmental activities is primarily due to a decrease in lease purchase contracts of $7.7 million; a decrease in claims payable of $823 thousand; and a reduction in bonded debt of $774 thousand; offset by an increase of $571 thousand in compensated absences and an increase of $3.9 million in other postemployment benefits.  The decrease in long-term liabilities for business-type activities is primarily due to a decrease in lease purchase contracts of $312 thousand and a reduction of $10.0 million in bonded debt; offset by an increase in compensated absences of $156 thousand; and an increase in other postemployment benefits of $1.7 million. The City’s bonded debt as of September 30, 2019, consists entirely of revenue bonds (secured solely by specified revenue sources) with no general obligation debt or special assessment debt outstanding. Governmental activities revenue bonds totaled $5.5 million while revenue bonds and direct placement bank loans for business-type activities totaled $173.3 million. The City’s Charter limits indebtedness to 20% of the assessed valuation of non-exempt real estate. The current debt limitation is approximately $2.7 billion, which is significantly in excess of the City’s applicable indebtedness of approximately $183 million at September 30, 2019. Additional information on the City’s long-term debt can be found in Note III (F) of the notes to the financial statements. 17 Economic Factors and Year 2020 Budgets and Rates Factors considered in preparing the City of Clearwater’s budget for fiscal year 2020 included:  An increase of 6.8% in property values, from $11.2 billion to $11.9 billion, including new construction. The bulk of this increase, $662.7 million, is related to increases in current values, while the value of new construction and annexations totals $95.3 million. This is the seventh year of increased valuations that the City has recognized since the recessionary years 2008-2012. City taxable values have fully restored, and are recognizing growth over the previous peak values of 2007.  The approved millage rate of 5.9550 mills for fiscal year 2020 is the same as the prior year. The millage was increased 0.8 mills in fiscal year 2019.  A net increase of 2.0 full-time equivalent positions for all City operations to a total of 1,836.6 FTE’s. One FTE was added in the General Fund, for a construction inspector in Engineering, and one FTE was added for a marine facility operator, which will be shared by the Seminole Street Boat Ramp (Parking Fund) and the Clearwater Harbor Marina.  An increase of $910 thousand in the actuarially required contribution to the Employees’ Pension Plan, from $8.8 million, or 10.69% of covered payroll, for fiscal 2019 to $9.7 million, or 11.48% of covered payroll, for fiscal 2020. The approved budget plans for a contribution rate of 11.48% of covered payroll, with no additional contribution toward the credit balance, which was $26.68 million as of January 2019.  An increase in employee medical insurance costs of $612,830 to a total of $18.9 million across all City operations. Included in the budget is $1.7 million of health clinic operating costs. Savings in claims costs should continue to offset the cost of the health clinic.  Budgeted Water and Sewer utility revenues for 2020 reflect a 4.00% rate increase effective October 1, 2019, per a rate study adopted in September 2017. Fiscal 2020 budgeted Stormwater utility revenues reflect a rate decrease of 8.5% effective October 1, 2019, per a rate study adopted in August 2019. This new rate structure includes future increases of 0.5% effective each October 1 through fiscal year 2022. Budgeted revenue for the Solid Waste & Recycling Utility reflect an increase of 3.75% effective October 1, 2019 per a rate study adopted in August 2019. This new rate structure includes future increases of 3.75% each October 1 through fiscal year 2024. There are no planned rate increases for the Gas Utility. Contacting the City’s Financial Management This financial report is designed to provide a general overview of the City’s finances for all those with an interest in our government and to show the City’s accountability for the money it receives. Questions concerning any of the information provided in this report or requests for additional financial information should be addressed to: City of Clearwater, Finance Department, 100 South Myrtle Avenue, Clearwater, Florida 33756-5520. 18 This Page Intentionally Left Blank 19 Basic Financial Statements Governmental Business-type Activities Activities Total ASSETS Cash and investments $ 214,243,839 $ 230,946,731 $ 445,190,570 Receivables (net) 8,366,672 15,825,391 24,192,063 Internal balances 60,057 (60,057) - Due from other governments 6,431,513 2,542,104 8,973,617 Prepaid items 2,086,532 207,918 2,294,450 Inventories 435,909 2,491,370 2,927,279 Restricted assets: Cash and investments - 30,687,992 30,687,992 Net pension asset 59,806,936 17,708,924 77,515,860 Capital assets: Land 89,536,194 31,968,620 121,504,814 Buildings 91,092,402 51,756,553 142,848,955 Improvements other than buildings 19,697,044 321,420,350 341,117,394 Machinery and equipment 31,434,399 8,521,265 39,955,664 Infrastructure 48,560,858 - 48,560,858 Construction in progress 10,350,231 33,940,392 44,290,623 Total assets 582,102,586 747,957,553 1,330,060,139 DEFERRED OUTFLOWS OF RESOURCES Deferred outflows - bond refunding - 11,450,792 11,450,792 Deferred outflows - pension 19,194,289 5,804,132 24,998,421 Deferred outflows - other postemployment benefits 2,328,834 1,031,336 3,360,170 Total deferred outflows of resources 21,523,123 18,286,260 39,809,383 LIABILITIES Accounts payable and other current liabilities 8,151,263 12,035,325 20,186,588 Accrued liabilities 2,910,649 953,521 3,864,170 Accrued interest payable 124,596 202,367 326,963 Due to other governments 309,097 - 309,097 Deposits 5,300 89,919 95,219 Unearned revenue and liens 1,809,125 17,487 1,826,612 Payable from restricted assets: Construction contracts payable - 1,860,624 1,860,624 Accrued interest payable - 2,021,061 2,021,061 Customer deposits - 8,258,820 8,258,820 Non-current liabilities due within one year: Compensated absences 4,612,528 1,218,280 5,830,808 Capital lease purchases payable 7,075,966 311,349 7,387,315 Revenue bonds payable 805,000 6,530,000 7,335,000 Claims payable 3,635,901 - 3,635,901 Long-term debt and liabilities: Compensated absences 4,370,617 1,154,388 5,525,005 Other postemployment benefits 22,809,518 10,101,324 32,910,842 Capital lease purchases payable 10,394,075 526,185 10,920,260 Revenue bonds payable 4,693,289 166,785,726 171,479,015 Claims payable 6,522,100 - 6,522,100 Total liabilities 78,229,024 212,066,376 290,295,400 DEFERRED INFLOWS OF RESOURCES Deferred inflows - property taxes 118,509 - 118,509 Deferred inflows - code enforcement liens 303,575 - 303,575 Deferred inflows - pension 25,680,354 7,765,444 33,445,798 Deferred inflows - other postemployment benefits 483,267 214,018 697,285 Total deferred inflows of resources 26,585,705 7,979,462 34,565,167 NET POSITION Net investment in capital assets 267,702,798 281,131,706 548,834,504 Restricted for: Capital projects 55,258,155 - 55,258,155 Debt service 740,572 8,942,479 9,683,051 Renewal and replacement - 6,654,440 6,654,440 Grant programs 13,272,929 - 13,272,929 Impact fees - 2,950,568 2,950,568 Stormwater system fees - 14,318 14,318 Pensions 59,806,936 17,708,924 77,515,860 Unrestricted 102,029,590 228,795,540 330,825,130 Total net position $ 498,810,980 $ 546,197,975 $ 1,045,008,955 The notes to the financial statements are an integral part of this statement. Primary Government City of Clearwater, Florida Statement of Net Position September 30, 2019 20 Program RevenuesOperating Primary Government Charges for Grants and Capital Grants & Governmental Business-TypeFunctions/Programs Expenses Services Contributions Contributions Activities Activities TotalPrimary government:Governmental activities:General government 15,981,716$ 26,012,544$ 285,299$ -$ 10,316,127$ -$ 10,316,127$ Public safety 71,644,725 11,769,309 4,190,603 403,325 (55,281,488) - (55,281,488) Physical environment 551,540 120,371 - 1,570,040 1,138,871 - 1,138,871 Transportation 15,956,724 182,059 586,689 990,136 (14,197,840) - (14,197,840) Economic environment 7,670,612 165,162 1,150,464 - (6,354,986) - (6,354,986) Human services 573,879 - 400,093 - (173,786) - (173,786) Culture and recreation 45,595,432 8,892,472 2,016,742 3,293,167 (31,393,051) - (31,393,051) Interest on long-term debt 808,381 - - - (808,381) - (808,381) Total governmental activities 158,783,009 47,141,917 8,629,890 6,256,668 (96,754,534) - (96,754,534) Business-type activities:Water & Sewer Utility 68,458,255 87,242,498 - 1,872,635 - 20,656,878 20,656,878 Gas Utility 35,552,937 45,761,780 - - - 10,208,843 10,208,843 Solid Waste Utility 19,327,785 24,503,564 661,812 - - 5,837,591 5,837,591 Stormwater Utility 11,729,743 18,502,947 - 2,071,805 - 8,845,009 8,845,009 Recycling Utility 1,593,947 2,443,789 - - - 849,842 849,842 Marine 4,212,485 5,284,313 2,361 - - 1,074,189 1,074,189 Aviation 502,106 322,570 - 28,414 - (151,122) (151,122) Parking System 5,053,750 7,128,193 - - - 2,074,443 2,074,443 Clearwater Harbor Marina 918,963 850,396 - - - (68,567) (68,567) Total business-type activities 147,349,971 192,040,050 664,173 3,972,854 - 49,327,106 49,327,106 Total primary government 306,132,980$ 239,181,967$ 9,294,063$ 10,229,522$ (96,754,534) 49,327,106 (47,427,428) General revenues: Taxes: Property taxes 64,050,066 - 64,050,066 Sales taxes 19,838,771 - 19,838,771 Utility taxes 16,448,848 - 16,448,848 Communications services taxes 4,370,997 - 4,370,997 Other taxes 9,449,621 - 9,449,621 Investment earnings 8,617,306 10,811,582 19,428,888 Miscellaneous 181,656 - 181,656 Transfers 12,932,211 (12,932,211) - Total general revenues, transfers, and change in estimate 135,889,476 (2,120,629) 133,768,847 Change in net position 39,134,942 47,206,477 86,341,419 Net position - beginning 459,676,038 498,991,498 958,667,536 Net position - ending 498,810,980$ 546,197,975$ 1,045,008,955$ The notes to the financial statements are an integral part of this statement. City of Clearwater, FloridaStatement of ActivitiesFor the Year Ended September 30, 2019 Net (Expense) Revenue and Changes in Net Position21 Special Capital Other Totals General Development Improvement Governmental Governmental Fund Fund Fund Funds Funds ASSETS Cash and investments $ 39,923,475 $ 8,808,278 $ 62,991,887 $ 20,444,722 $ 132,168,362 Receivables (net where applicable, of allowances for estimated uncollectible amounts): Accrued interest 152,119 113,156 - 45,942 311,217 Accounts and contracts 594,859 - - - 594,859 Mortgages, notes and other loans - - - 4,539,185 4,539,185 Property taxes 111,462 7,047 - - 118,509 Utility taxes 1,222,011 - - - 1,222,011 Franchise fees 1,011,517 - - - 1,011,517 Other 217,165 - 31,449 6,184 254,798 Due from other funds - - 849,835 - 849,835 Due from other governmental entities - grants 15,050.00 - 200,000 1,186,226 1,401,276 Due from other governmental entities - other 2,312,880 2,280,821 203,325 185,006 4,982,032 Inventories, at cost 46,897 - - - 46,897 Prepaid items 2,480 - - 9,952 12,432 Advances to other funds - - 3,432,106 325,440 3,757,546 Total assets $ 45,609,915 $ 11,209,302 $ 67,708,602 $ 26,742,657 $ 151,270,476 LIABILITIES Accounts and contracts payable $ 1,841,130 $ - $ 3,180,789 $ 254,638 $ 5,276,557 Accrued payroll 2,564,018 - - 60,037 2,624,055 Due to other funds 24,113 - - - 24,113 Due to other governmental entities 75,159 185,712 - 48,226 309,097 Deposits 5,300 - - - 5,300 Unearned revenue 1,914,909 - - 5,208 1,920,117 Advances from other funds 101,471 - - 325,440 426,911 Total liabilities 6,526,100 185,712 3,180,789 693,549 10,586,150 DEFERRED INFLOWS OF RESOURCES Deferred inflows - property taxes 111,462 7,047 - - 118,509 Deferred inflows - code enforcement liens 303,575 - - - 303,575 Total deferred inflows of resources 415,037 7,047 - - 422,084 FUND BALANCES Nonspendable inventories and prepaid items 49,377 - - 9,952 59,329 Restricted - 6,822,246 47,449,940 21,821,716 76,093,902 Committed - 304,014 17,013,580 2,343,425 19,661,019 Assigned 451,609 3,890,283 64,293 1,874,015 6,280,200 Unassigned 38,167,792 - - - 38,167,792 Total fund balances 38,668,778 11,016,543 64,527,813 26,049,108 140,262,242 Total liabilities, deferred inflows and fund balances $ 45,609,915 $11,209,302 $ 67,708,602 $ 26,742,657 $ 151,270,476 The notes to the financial statements are an integral part of this statement. City of Clearwater, Florida Balance Sheet Governmental Funds September 30, 2019 22 Total fund balances of governmental funds 140,262,242$ Capital assets used in governmental activities are not financial resources and, therefore, are not reported in the funds. The cost of the assets totals $586,124,126 and the accumulated depreciation totals $295,452,998.290,671,128 Other assets are prepaid or are not available as financial resources and, therefore, are not recognized in the funds: Accrued liens 288,232$ Accrued permit fees 14,177 302,409 The net pension asset related to governmental activities does not represent financial resources and is not reported in the funds. Deferred outflows relating to deferred amounts on refundings, pensions, and OPEB are not financial resources and, therefore, are not reported in the funds 21,523,123 Deferred inflows relating to pensions and other postemployment benefits are not current liabilities or financial uses and, therefore, are not reported in the funds (26,163,621) Accrued pollution remediation obligation expenses are not financial uses and, therefore, are not reported in the funds. Accrued general long-term debt interest expenses are not financial uses and, therefore, are not reported in the funds. The assets and liabilities of the internal service funds (funds used to charge the costs of certain activities to individual funds) are included in the governmental activities in the statement of net position. Net position of internal service funds 88,652,312 Less: Capital assets included in total governmental capital assets above (30,996,448) Less: Net pension asset included in total governmental net pension asset above (6,062,130) Less: Deferred outflows included in total governmental above (2,271,884) Add: Deferred inflows included in total governmental above 2,717,414 Add: Capital lease purchases payable included in total governmental below 15,370,468 Add: Compensated absences included in total governmental below 932,198 Add: Other post-employment benefits included in total governmental below 2,791,498 Less: Adjustment to reflect the consolidation of internal service fund activities related to enterprise funds 67,420,479 Long-term liabilities, including bonds payable, are not due and payable in the current period and, accordingly, are not reported in the funds. Long-term liabilities at year-end consist of: Bonds payable (5,425,000) Add: Issuance premium (to be amortized as a reduction of interest expense) (73,289) Capital lease purchases payable (17,470,041) Other post-employment benefits (22,809,518) Compensated absences (8,983,145) (54,760,993) Total net position of governmental activities 498,810,980$ The notes to the financial statements are an integral part of this statement. (227,206) (23,517) City of Clearwater, Florida Reconciliation of the Balance Sheet of Governmental Funds to the Statement of Net Position September 30, 2019 (3,712,949) 59,806,936 23 Special Capital Other Total General Development Improvement Governmental Governmental Fund Fund Fund Funds Funds REVENUES Taxes: Property $ 60,998,079 $ 3,051,987 $ - $ - $ 64,050,066 Sales - 12,277,473 - - 12,277,473 Utility 16,448,848 - - - 16,448,848 Communications services 4,370,997 - - - 4,370,997 Other taxes 2,077,054 1,526,214 - - 3,603,268 Total taxes 83,894,978 16,855,674 - - 100,750,652 Franchise fees 10,642,741 - - - 10,642,741 Licenses, permits, and fees 3,169,824 825,645 - - 3,995,469 Intergovernmental: Federal 15,050 - - 1,051,534 1,066,584 State 14,618,237 - 761,270 2,032,344 17,411,851 Local 8,876,528 1,341,676 3,153,325 2,919,583 16,291,112 Total intergovernmental 23,509,815 1,341,676 3,914,595 6,003,461 34,769,547 Charges for services 16,095,453 - - 1,623,499 17,718,952 Fines and forfeitures 1,881,613 - - 723,616 2,605,229 Investment earnings (loss): Interest 995,210 1,278,322 - 504,099 2,777,631 Net appreciation (depreciation) in fair value 891,718 1,171,785 - 451,313 2,514,816 Total investment earnings (loss) 1,886,928 2,450,107 - 955,412 5,292,447 Miscellaneous 4,697,073 - 158,180 979,070 5,834,323 Total revenues 145,778,425 21,473,102 4,072,775 10,285,058 181,609,360 EXPENDITURES Current: General government 15,022,956 - 346,182 2,152,243 17,521,381 Public safety 71,245,894 - 434,235 2,483,262 74,163,391 Physical environment 3,337,264 - 115,206 35,509 3,487,979 Transportation 6,044,751 - 3,873,753 37,081 9,955,585 Economic environment 2,149,433 - - 2,681,933 4,831,366 Human services 194,067 - - 400,304 594,371 Culture and recreation 31,788,962 - 7,046,669 1,244,494 40,080,125 Debt service: Principal - - - 1,486,329 1,486,329 Interest & fiscal charges - - - 348,028 348,028 Capital outlay - - 11,519,383 548,253 12,067,636 Total expenditures 129,783,327 - 23,335,428 11,417,436 164,536,191 Excess (deficiency) of revenues over (under) expenditures 15,995,098 21,473,102 (19,262,653) (1,132,378) 17,073,169 OTHER FINANCING SOURCES (USES) Transfers in 11,904,963 900,000 26,881,618 6,010,723 45,697,304 Transfers out (16,919,419) (16,111,030) (3,041,511) (4,324,712) (40,396,672) Total other financing sources (uses) (5,014,456) (15,211,030) 23,840,107 1,686,011 5,300,632 Net change in fund balances 10,980,642 6,262,072 4,577,454 553,633 22,373,801 Fund balances - beginning 27,688,136 4,754,471 59,950,359 25,495,475 117,888,441 Fund balances - ending $ 38,668,778 $ 11,016,543 $ 64,527,813 $ 26,049,108 $ 140,262,242 The notes to the financial statements are an integral part of this statement. City of Clearwater, Florida Statement of Revenues, Expenditures, and Changes in Fund Balances Governmental Funds For the Year Ended September 30, 2019 24 Net change in fund balances - total governmental funds 22,373,801$ Amounts reported for governmental activities in the Statement of Activities are different because: Governmental funds report capital outlays as expenditures while governmental activities report depreciation expense to allocate those costs over the life of the assets. This is the amount by which capital outlays exceeded depreciation in the current period. Expenditures for capital assets 26,165,100$ Less current year depreciation (11,942,420) 14,222,680 In the Statement of Activities the gain on disposition of capital assets is reported. The gain is not a use of current resources and thus is not reported in the funds.(13,342,044) Deferred outflows and deferred inflows are not current resources or uses of current financial resources and consequently are not reported in the funds: Current year change in deferred outflows 13,691,277 Current year change in deferred inflows 12,536,671 Repayment of long term debt principal is an expenditure in the governmental funds; however, the repayment reduces long-term liabilities in the Statement of Net Position. Current year amounts are: Revenue bond principal payments 760,000 Capital lease principal payments 726,329 1,486,329 Net pension asset is not a current financial resource and consequently is not reported in the funds; however, it is an asset in the Statement of Net Position. Current year change in the net pension asset (19,492,638) Liability for other post-employment benefits (OPEB) does not require the use of current financial resources and consequently is not reported in the funds; however, it is a liability in the Statement of Net Position. Current year change in the liability for other post-employment benefits (3,460,367) Some expenses reported in the Statement of Activities do not require the use of current financial resources and therefore are not reported as expenditures in the governmental funds: Current year change in compensated absences (559,154) Amortization of bond discounts and premiums 14,376 Current year change in pollution remediation obligation 10,112 Current year change in accrued interest expense 3,405 (531,261) Revenues in the statement of activities that do not provide current financial resources are not reported as revenues in the funds: Current year change in accrued liens receivable 25,545 Current year change in deferred permit fees 4,007 The net revenues of internal service funds (funds used to charge the costs of certain activities to individual funds) for governmental activities are reported in the Statement of Activities but not in the governmental funds.11,620,942 Total change in net position of governmental activities 39,134,942$ The notes to the financial statements are an integral part of this statement. City of Clearwater, Florida Reconciliation of the Statement of Revenues, Expenditures, and Changes in Fund Balances of Governmental Funds For the Year Ended September 30, 2019 to the Statement of Activities 25 Variance with Actual Final Budget Original Final Amounts Positive (Negative) Taxes: Property $ 60,858,200 $ 60,990,340 $ 60,998,079 $ 7,739 Utility taxes 15,188,200 15,888,200 16,448,848 560,648 Communications services 4,514,400 4,364,400 4,370,997 6,597 Other taxes 2,135,000 2,135,000 2,077,054 (57,946) Total taxes 82,695,800 83,377,940 83,894,978 517,038 Franchise fees 9,748,000 10,148,000 10,642,741 494,741 Licenses, permits, and fees 2,313,500 2,838,500 3,169,824 331,324 Intergovernmental: Federal - - 15,050 15,050 State 14,016,780 14,172,195 14,618,237 446,042 Local 9,125,180 9,268,849 8,876,528 (392,321) Total intergovernmental 23,141,960 23,441,044 23,509,815 68,771 Charges for services 15,290,960 15,550,960 16,095,453 544,493 Fines and forfeitures 1,184,000 1,589,000 1,881,613 292,613 Investment earnings (loss): Interest 450,000 750,000 995,210 245,210 Net appreciation (depreciation) in fair value - - 891,718 891,718 Total investment earnings (loss) 450,000 750,000 1,886,928 1,136,928 Miscellaneous 1,925,800 4,018,979 4,697,073 678,094 Total revenues 136,750,020 141,714,423 145,778,425 4,064,002 EXPENDITURES General government City Council 346,610 346,610 317,937 28,673 City Manager's Office 1,085,850 1,142,700 1,185,047 (42,347) City Attorney's Office 1,746,160 1,746,160 1,596,373 149,787 Official Records & Legislative Services 1,123,770 1,123,818 1,027,397 96,421 Public Communications 1,170,840 1,170,840 1,064,387 106,453 Finance 2,584,870 2,585,047 2,382,710 202,337 Human Resources 1,311,740 1,311,816 1,260,553 51,263 Non-Departmental 3,532,100 4,107,100 4,082,262 24,838 Engineering 63,930 63,934 58,155 5,779 Planning 2,133,790 2,103,790 1,865,028 238,762 City Auditor's Office 230,950 230,962 183,107 47,855 Total general government 15,330,610 15,932,777 15,022,956 909,821 Public safety Police 41,742,030 42,691,745 41,678,164 1,013,581 Fire 26,693,120 27,395,130 25,633,191 1,761,939 Development & Neighborhood Services 4,008,490 4,038,490 3,934,539 103,951 Total public safety 72,443,640 74,125,365 71,245,894 2,879,471 Physical environment Engineering 2,844,894 2,845,081 2,558,826 286,255 Parks and Recreation 1,023,280 1,023,520 778,438 245,082 Total physical environment 3,868,174 3,868,601 3,337,264 531,337 Transportation Engineering 4,921,136 4,921,281 4,827,646 93,635 Parks and Recreation 1,311,400 1,311,400 1,217,105 94,295 Total transportation 6,232,536 6,232,681 6,044,751 187,930 Economic environment CRA Administration 410,030 472,057 480,012 (7,955) Economic Development 1,903,080 1,903,080 1,669,421 233,659 Total economic environment 2,313,110 2,375,137 2,149,433 225,704 Human Services Human Resources / Equity Services 209,570 209,570 194,067 15,503 Total human services 209,570 209,570 194,067 15,503 Culture and recreation Parks and Recreation 23,945,310 23,691,285 23,351,516 339,769 Library 7,213,290 7,213,290 7,207,188 6,102 Marine 1,120,270 1,120,270 1,230,258 (109,988) Total culture and recreation 32,278,870 32,024,845 31,788,962 235,883 Total expenditures 132,676,510 134,768,976 129,783,327 4,985,649 Excess (deficiency) of revenues over (under) expenditures 4,073,510 6,945,447 15,995,098 9,049,651 OTHER FINANCING SOURCES (USES) Transfers in 11,100,610 11,840,562 11,904,963 64,401 Transfers out (15,462,490) (17,075,675) (16,919,419) 156,256 Total other financing sources (uses) (4,361,880) (5,235,113) (5,014,456) 220,657 Excess (deficiency) of revenues and other financing sources over (under) expenditures and other financing uses Fund balances - beginning 27,688,136 27,688,136 27,688,136 - Fund balances - ending $ 27,399,766 $ 29,398,470 $ 38,668,778 $ 9,270,308 The notes to the financial statements are an integral part of this statement. Budgeted Amounts 9,270,308 City of Clearwater, Florida Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual (Non-GAAP Budgetary Basis) General Fund For the Year Ended September 30, 2019 REVENUES (288,370) 1,710,334 10,980,642 26 Variance with Final Budget Actual Positive Original Final Amounts (Negative) REVENUES Taxes: Property $ 3,044,520 $ 3,050,178 $ 3,051,987 $ 1,809 Sales 11,820,680 11,820,680 12,277,473 456,793 Other taxes 1,540,550 1,540,550 1,526,214 (14,336) Total taxes 16,405,750 16,411,408 16,855,674 444,266 Licenses, permits, and fees 270,000 841,297 825,645 (15,652) Intergovernmental: Local - - 1,341,676 1,341,676 Investment earnings (loss): Interest 537,000 1,317,000 1,278,322 (38,678) Net appreciation (depreciation) in fair value - - 1,171,785 1,171,785 Total investment earnings (loss) 537,000 1,317,000 2,450,107 1,133,107 Total revenues 17,212,750 18,569,705 21,473,102 2,903,397 EXPENDITURES Total expenditures - - - - Excess of revenues over expenditures 17,212,750 18,569,705 21,473,102 2,903,397 OTHER FINANCING SOURCES (USES) Transfers in - 900,000 900,000 - Transfers out (16,075,130) (16,111,030) (16,111,030) - Total other financing sources (uses) (16,075,130) (15,211,030) (15,211,030) - Excess of revenues and other sources over expenditures and other uses 1,137,620 3,358,675 6,262,072 2,903,397 Fund balances - beginning 4,754,471 4,754,471 4,754,471 - Fund balances - ending $ 5,892,091 $ 8,113,146 $ 11,016,543 $ 2,903,397 The notes to the financial statements are an integral part of this statement. For the Year Ended September 30, 2019 Budgeted Amounts City of Clearwater, Florida Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual (GAAP Basis) Special Development Fund 27 Water Solid Waste and Sewer Gas & Recycling Utility Utility Utility ASSETS Current assets: Cash and investments $ 96,531,633 $32,166,616 $ 34,348,619 Accrued interest receivable 234,540 90,380 89,496 Accounts and contracts receivable: Billed 3,557,338 1,476,648 1,023,295 Unbilled charges estimated 3,947,600 2,053,100 1,167,208 7,504,938 3,529,748 2,190,503 Less: Allowance for uncollectable accounts (43,947) (156,700) (8,754) Total receivables, net 7,460,991 3,373,048 2,181,749 Other receivables 35,089 33,507 453 Due from other funds - - - Due from other governmental entities 480,972 198,008 578,848 Inventories, at cost 927,808 1,523,012 - Prepaid expenses and other assets 205,874 2,044 - Total current assets - unrestricted 105,876,907 37,386,615 37,199,165 Current assets - restricted: Restricted cash and investments 10,713,363 3,399,700 1,194,731 Total current assets - restricted 10,713,363 3,399,700 1,194,731 Total current assets 116,590,270 40,786,315 38,393,896 Noncurrent assets: Restricted: Restricted cash and investments 11,798,008 300,000 - Advances to other funds - - - Net pension asset 6,692,139 3,523,022 4,188,117 Capital assets: Land and other nondepreciable assets 14,043,632 2,444,017 18,478,091 Capital assets, net of accumulated depreciation 218,193,105 87,184,952 1,533,035 Total noncurrent assets 250,726,884 93,451,991 24,199,243 Total assets 367,317,154 134,238,306 62,593,139 DEFERRED OUTFLOWS OF RESOURCES Deferred outflows - bond refunding 10,328,063 294,482 - Deferred outflows - pension 2,193,361 1,154,677 1,372,664 Deferred outflows - other postemployment benefits 359,001 201,476 244,519 Total deferred outflows of resources 12,880,425 1,650,635 1,617,183 The notes to the financial statements are an integral part of this statement. City of Clearwater, Florida Statement of Net Position Proprietary Funds September 30, 2019 Business-type Enterprise 28 Governmental Activities - Stormwater Other Internal Service Utility Funds Total Funds $ 43,355,680 $24,544,183 $230,946,731 $ 82,075,477 92,499 48,576 555,491 170,384 756,088 - 6,813,369 - 1,373,600 - 8,541,508 - 2,129,688 - 15,354,877 - (7,430) - (216,831) - 2,122,258 - 15,138,046 - - 567 62,238 131,854 144,192 - - - 321,954 1,245,357 38,919 2,542,104 48,205 - 40,550 2,491,370 389,012 - - 207,918 2,074,100 46,816,361 24,734,466 252,013,514 85,223,324 1,906,878 - 17,214,672 - 1,906,878 - 17,214,672 - 48,723,239 24,734,466 269,228,186 85,223,324 1,375,312 - 13,473,320 - - - - 2,863,483 1,924,352 1,381,294 17,708,924 6,062,130 27,997,030 2,946,242 65,909,012 897,406 47,946,198 26,840,878 381,698,168 30,099,042 79,242,892 31,168,414 478,789,424 39,922,061 127,966,131 55,902,880 748,017,610 125,145,385 828,247 - 11,450,792 - 630,710 452,720 5,804,132 1,986,874 95,227 131,113 1,031,336 285,010 1,554,184 583,833 18,286,260 2,271,884 (Continued) Activities Funds 29 Water Solid Waste and Sewer Gas & Recycling Utility Utility Utility City of Clearwater, Florida Statement of Net Position Proprietary Funds September 30, 2019 Business-type Enterprise LIABILITIES Current liabilities: Accounts and contracts payable 2,439,508 4,777,610 2,517,071 Accrued payroll 353,675 223,975 193,499 Accrued interest payable 89,994 80,806 30,683 Deposits - - - Unearned revenue and liens - - - Current portion of long-term liabilities: Compensated absences 396,671 366,924 225,595 Revenue bonds 698,333 618,750 - Capital lease purchases payable 123,055 123,452 - Due to other funds 36,785 - 397,985 Claims payable - - - Total current liabilities (payable from current assets) 4,138,021 6,191,517 3,364,833 Current liabilities (payable from restricted assets): Construction contracts payable 1,860,624 - - Accrued interest payable 1,620,971 19,462 - Current portion of long-term liabilities, revenue bonds 3,491,667 56,250 - Customer deposits 3,740,101 3,323,988 1,194,731 Total current liabilities (payable from restricted assets) 10,713,363 3,399,700 1,194,731 Total current liabilities 14,851,384 9,591,217 4,559,564 Noncurrent liabilities: Compensated absences 375,868 347,681 213,763 Other postemployment benefits 3,516,194 1,973,334 2,394,922 Revenue bonds (net of unamortized premiums/discounts) 131,503,395 8,570,000 - Capital lease purchases payable 159,207 255,109 - Advances from other funds 154,801 - 3,183,435 Claims payable - - - Total noncurrent liabilities 135,709,465 11,146,124 5,792,120 Total liabilities 150,560,849 20,737,341 10,351,684 DEFERRED INFLOWS OF RESOURCES Deferred inflows - pension 2,934,534 1,544,861 1,836,509 Deferred inflows - other postemployment benefits 74,498 41,809 50,741 Total deferred inflows of resources 3,009,032 1,586,670 1,887,250 NET POSITION Net investment in capital assets 106,397,557 80,299,890 16,429,706 Restricted for: Revenue bond debt service and sinking fund requirements 5,984,667 56,250 - Revenue bond renewal and replacement requirements 6,354,440 300,000 - Water and sewer impact fees 2,950,568 - - Stormwater system fees - - - Pensions 6,692,139 3,523,022 4,188,117 Unrestricted 98,248,327 29,385,768 31,353,565 Total net position $ 226,627,698 $113,564,930 $ 51,971,388 The notes to the financial statements are an integral part of this statement. 30 Governmental Activities - Stormwater Other Internal Service Utility Funds Total Funds Activities Funds 2,028,192 272,944 12,035,325 2,647,499 85,740 96,632 953,521 286,594 826 58 202,367 101,079 - 89,919 89,919 - - 17,487 17,487 191,417 144,830 84,260 1,218,280 478,651 138,750 - 1,455,833 - 60,727 4,115 311,349 6,469,072 - - 434,770 712,906 - - - 3,635,901 2,459,065 565,415 16,718,851 14,523,119 - - 1,860,624 - 380,628 - 2,021,061 - 1,526,250 - 5,074,167 - - - 8,258,820 - 1,906,878 - 17,214,672 - 4,365,943 565,415 33,933,523 14,523,119 137,234 79,842 1,154,388 453,547 932,693 1,284,181 10,101,324 2,791,498 26,712,331 - 166,785,726 - 104,468 7,401 526,185 8,901,396 - - 3,338,236 2,855,883 - - - 6,522,100 27,886,726 1,371,424 181,905,859 21,524,424 32,252,669 1,936,839 215,839,382 36,047,543 843,837 605,703 7,765,444 2,658,271 19,761 27,209 214,018 59,143 863,598 632,912 7,979,462 2,717,414 48,228,949 29,775,604 281,131,706 12,057,191 2,901,562 - 8,942,479 - - - 6,654,440 - - - 2,950,568 - 14,318 - 14,318 - 1,924,352 1,381,294 17,708,924 6,062,130 43,334,867 22,760,064 225,082,591 70,532,991 $ 96,404,048 $53,916,962 542,485,026 $ 88,652,312 Net position of business-type activities $ 546,197,975 3,712,949 Adjustment to reflect consolidation of internal service fund activities related to enterprise funds 31 Water Solid Waste and Sewer Gas & Recycling Utility Utility Utility Operating revenues: Sales to customers $ 86,522,445 $42,395,569 $ 26,280,732 Service charges to customers 274,744 2,910,477 - User charges to customers - - - Billings to departments - - - Rentals 74,567 - 325,970 Other 370,742 455,734 1,002,463 Total operating revenues 87,242,498 45,761,780 27,609,165 Operating expenses: Personal services 11,916,033 6,116,334 7,153,270 Purchases for resale 6,384,533 14,548,937 718 Operating materials and supplies 6,145,478 1,178,188 424,891 Transportation 1,535,589 870,494 5,719,670 Utility service 3,261,827 182,846 93,548 Dumping charges 18,088 - 4,682,264 Depreciation 13,134,417 3,017,424 272,081 Interfund administrative charges 6,411,560 2,806,960 1,699,440 Other current charges: Professional fees 3,124,544 643,742 113,231 Advertising 43,935 1,968,398 12,896 Communications 232,826 180,715 194,176 Printing and binding 5,123 12,671 16,973 Insurance 1,019,530 344,820 241,850 Repairs and maintenance 8,385,426 228,856 80,151 Rentals 407,462 24,405 7,354 Miscellaneous 304,857 482,666 177,467 Data processing charges 830,860 535,280 278,230 Taxes 31,425 2,227,618 10,060 Total other current charges 14,385,988 6,649,171 1,132,388 Total operating expenses 63,193,513 35,370,354 21,178,270 Operating income (loss) 24,048,985 10,391,426 6,430,895 The notes to the financial statements are an integral part of this statement. Enterprise City of Clearwater, Florida Statement of Revenues, Expenses, and Changes in Net Position Proprietary Funds For the Year Ended September 30, 2019 Business-type 32 Governmental Activities - Stormwater Other Internal Service Utility Funds Total Funds $ 18,265,152 $ 9,224,903 $182,688,801 $ - - - 3,185,221 - - 237,735 237,735 - - - - 60,133,494 - 2,952,362 3,352,899 50,837 1,129,243 1,194,625 4,152,807 911,464 19,394,395 13,609,625 193,617,463 61,095,795 3,116,134 3,235,437 31,537,208 9,918,049 - 2,002,728 22,936,916 4,268,383 199,417 209,015 8,156,989 1,354,347 1,124,145 170,841 9,420,739 285,755 52,520 564,881 4,155,622 547,143 148,646 - 4,848,998 - 3,230,137 1,084,753 20,738,812 9,476,447 1,328,610 1,485,965 13,732,535 244,400 585,778 581,766 5,049,061 10,453,572 - 1,420 2,026,649 - 47,157 78,914 733,788 1,249,230 1,246 17,092 53,105 45,273 110,910 209,110 1,926,220 18,036,785 525,306 220,341 9,440,080 2,054,123 2,590 42,979 484,790 639,894 158,548 712,011 1,835,549 346,212 271,430 162,490 2,078,290 531,710 - 23,801 2,292,904 21,899 1,702,965 2,049,924 25,920,436 33,378,698 10,902,574 10,803,544 141,448,255 59,473,222 8,491,821 2,806,081 52,169,208 1,622,573 (Continued) Activities Funds 33 Water Solid Waste and Sewer Gas & Recycling Utility Utility Utility Enterprise City of Clearwater, Florida Statement of Revenues, Expenses, and Changes in Net Position Proprietary Funds For the Year Ended September 30, 2019 Business-type Nonoperating revenues (expenses): Investment earnings: Interest 2,395,929 786,567 843,012 Net appreciation (depreciation) in fair value 2,264,056 947,166 870,017 Total investment earnings: 4,659,985 1,733,733 1,713,029 Interest expense (5,595,304) (405,861) (116,246) Gain (loss) on disposal of capital assets - - 6,624 Total nonoperating revenue (expenses) (935,319) 1,327,872 1,603,407 Income before contributions and transfers 23,113,666 11,719,298 8,034,302 Capital grants and contributions 1,872,635 - - Transfers in 1,176 - - Transfers out (5,352,190) (3,164,640) (1,381,640) Change in net position 19,635,287 8,554,658 6,652,662 Net position - beginning 206,992,411 105,010,272 45,318,726 Total net position - ending $ 226,627,698 $113,564,930 $ 51,971,388 Adjustment to reflect the consolidation of internal service fund activities related to enterprise funds Change in net position of business-type activities (page 21) The notes to the financial statements are an integral part of this statement. 34 Governmental Activities - Stormwater Other Internal Service Utility Funds Total Funds Activities Funds 952,625 829,420 5,807,553 1,774,979 834,074 88,716 5,004,029 1,575,947 1,786,699 918,136 10,811,582 3,350,926 (976,499) - (7,093,910) (478,134) - - 6,624 655,415 810,200 918,136 3,724,296 3,528,207 9,302,021 3,724,217 55,893,504 5,150,780 1,180,357 30,775 3,083,767 - 312 250,167 251,655 7,700,120 (2,265,494) (1,019,902) (13,183,866) (68,541) 8,217,196 2,985,257 46,045,060 12,782,359 88,186,852 50,931,705 75,869,953 $ 96,404,048 $ 53,916,962 $ 88,652,312 1,161,417 $ 47,206,477 35 Water Solid Waste and Sewer Gas & Recycling Utility Utility Utility CASH FLOWS FROM OPERATING ACTIVITIES Cash received from customers $ 87,286,705 $ 45,724,623 $ 27,145,816 Cash received from other funds - - - Cash payments to suppliers (27,085,735) (20,535,130) (4,189,074) Cash payments to employees (12,543,758) (7,161,273) (7,327,698) Cash payments to other funds (10,868,903) (4,999,714) (8,271,816) Net cash provided by operating activities 36,788,309 13,028,506 7,357,228 CASH FLOWS FROM NONCAPITAL FINANCING ACTIVITIES Transfers from other funds 1,176 - Transfers to other funds (5,352,190) (3,164,640) (1,381,640) Receipt of cash on loans to/from other funds 191,586 - 395,983 Payment of cash on loans to/from other funds - - (314,563) Net cash provided (used) by noncapital financing activities (5,159,428) (3,164,640) (1,300,220) CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES Principal payments on debt (6,862,639) (720,109) - Interest paid (5,667,022) (364,374) (99,235) Acquisition of capital assets (8,180,007) (17,974,375) (13,270,176) Capital contributed by: Other governmental entities 1,012,521 - - Property owners 6,620 - - Developers 291,118 - - Net cash used by capital and related financing activities (19,399,409) (19,058,858) (13,369,411) CASH FLOWS FROM INVESTING ACTIVITIES Interest received 4,766,290 1,813,142 1,766,456 Net cash provided by investing activities 4,766,290 1,813,142 1,766,456 Net increase (decrease) in cash and cash equivalents 16,995,762 (7,381,850) (5,545,947) Cash and cash equivalents at beginning of year 102,047,242 43,248,166 41,089,297 Cash and cash equivalents at end of year $ 119,043,004 $ 35,866,316 $ 35,543,350 Cash and cash equivalents classified as: Cash and investments $96,531,633 $ 32,166,616 $ 34,348,619 Restricted cash and investments 22,511,371 3,699,700 1,194,731 Total cash and cash equivalents $ 119,043,004 $ 35,866,316 $ 35,543,350 The notes to the financial statements are an integral part of this statement. Enterprise City of Clearwater, Florida Statement of Cash Flows Proprietary Funds For the Year Ended September 30, 2019 Business-type 36 Governmental Activities - Stormwater Other Internal Service Utility Funds Total Funds $ 19,636,201 $ 13,545,105 $ 193,338,450 $ - - - - 61,095,108 (1,585,130) (4,265,850) (57,660,919) (36,316,967) (3,168,886) (3,314,449) (33,516,064) (10,191,891) (2,930,933) (2,254,582) (29,325,948) (4,281,202) 11,951,252 3,710,224 72,835,519 10,305,048 312 250,167 251,655 7,700,120 (2,265,494) (1,019,902) (13,183,866) (68,541) - - 587,569 3,883,352 - - (314,563) - (2,265,182) (769,735) (12,659,205) 11,514,931 (1,615,353) (4,033) (9,202,134) (7,014,291) (995,376) (280) (7,126,287) (377,055) (3,162,909) (30,237) (42,617,704) (10,519,997) 201,164 31,761 1,245,446 - - - 6,620 - - - 291,118 - (5,572,474) (2,789) (57,402,941) (17,911,343) 1,835,982 958,023 11,139,893 3,436,153 1,835,982 958,023 11,139,893 3,436,153 5,949,578 3,895,723 13,913,266 7,344,789 40,688,292 20,648,460 247,721,457 74,730,688 $ 46,637,870 $ 24,544,183 $ 261,634,723 $ 82,075,477 $ 43,355,680 $ 24,544,183 $ 230,946,731 $ 82,075,477 3,282,190 - 30,687,992 - $ 46,637,870 $ 24,544,183 $ 261,634,723 $ 82,075,477 (Continued) Activities Funds 37 Water Solid Waste and Sewer Gas & Recycling Utility Utility Utility Enterprise City of Clearwater, Florida Statement of Cash Flows Proprietary Funds For the Year Ended September 30, 2019 Business-type Reconciliation of operating income (loss) to net cash provided by operating activities: Operating income (loss) $ 24,048,985 $ 10,391,426 $ 6,430,895 Adjustments to reconcile operating income (loss) to net cash provided by operating activities: Depreciation 13,134,417 3,017,424 272,081 Capitalized labor and materials (93,857) (1,043,309) - Change in assets, deferred outflows, liabilities and deferred inflows: (Increase) decrease in accounts receivable (108,878) (310,291) (11,387) (Increase) decrease in due from other governments - 48,378 (496,027) (Increase) decrease in inventory (64,513) 238,290 - (Increase) decrease in prepaid expenses 207,531 (2,044) - (Increase) decrease in net pension asset 2,037,206 1,232,361 1,524,193 (Increase) decrease in deferred outflows (1,881,803) (990,860) (1,178,382) Increase (decrease) in accounts and contracts payable 61,768 622,003 1,292,029 Increase (decrease) in accrued payroll 53,637 58,105 44,689 Increase (decrease) in deposits 153,085 224,756 44,065 Increase (decrease) in unearned revenue - - - Increase (decrease) in other postemployment benefits 600,509 337,061 409,148 Increase (decrease) in deferred inflows (1,359,778) (794,794) (974,076) Total adjustments 12,739,324 2,637,080 926,333 Net cash provided by operating activities $ 36,788,309 $ 13,028,506 $ 7,357,228 Non-cash investing, capital and financing activities: Contributions from developers $ 1,430,689 $ - $ - The notes to the financial statements are an integral part of this statement. 38 Governmental Activities - Stormwater Other Internal Service Utility Funds Total Funds Activities Funds $ 8,491,821 $ 2,806,081 $ 52,169,208 $ 1,622,573 3,230,137 1,084,753 20,738,812 9,476,447 - - (1,137,166) - 241,806 (62,238) (250,988) 21,119 - (24,013) (471,662) (17,404) - (3,533) 170,244 33,748 - 120 205,607 (569,427) 771,967 369,590 5,935,317 2,382,016 (518,815) (449,336) (5,019,196) (1,623,233) 40,240 (9,652) 2,006,388 75,639 16,643 38,849 211,923 (1,458) - (2,282) 419,624 - - - - (63,805) 159,266 220,413 1,726,397 461,950 (481,813) (258,528) (3,868,989) (1,493,117) 3,459,431 904,143 20,666,311 8,682,475 $ 11,951,252 $ 3,710,224 $ 72,835,519 $ 10,305,048 $- $ - $ 1,430,689 $ - 39 Pension Trust Agency Funds Fund ASSETS Cash and investments $ 3,584,588 $ 484,650 Managed investment accounts, at fair value: Cash and cash equivalents 26,331,694 - Government bonds 52,171,230 - Index linked government bonds 3,289,568 - Agency bonds 7,205,182 - Municipal bonds 2,912,685 - Domestic corporate bonds 102,660,526 - International equity securities 132,135,368 - Domestic stocks 399,729,862 - Mortgage backed bonds 133,151,295 - Asset backed securities 7,801,834 - Other/Rights/Warrants 1,606 - Domestic equity mutual funds 66,245,965 - International equity mutual funds 45,458,162 - Infrastructure 41,157,478 - Real estate 99,259,455 - Total managed investment accounts 1,119,511,910 - Securities lending collateral 133,322,532 - Receivables: Interest and dividends 2,906,353 610 Unsettled investment sales 6,019,874 - Securities lending earnings 35,428 - Due from others 8,671 - Total receivables 8,970,326 610 Total assets 1,265,389,356 485,260 LIABILITIES Accounts payable 879,054 - Unsettled investment purchases 23,692,559 - Obligations under securities lending 133,322,532 - Other miscellaneous payables: Downtown Development Board - 307,985 Other - 177,275 Total miscellaneous payables - 485,260 Total liabilities 157,894,145 $ 485,260 FIDUCIARY NET POSITION Restricted for pensions 1,107,495,211 Total fiduciary net position $ 1,107,495,211 The notes to the financial statements are an integral part of this statement. City of Clearwater, Florida Statement of Fiduciary Net Position Fiduciary Funds September 30, 2019 40 City of Clearwater, Florida Statement of Changes in Fiduciary Net Position Fiduciary Funds For the Year Ended September 30, 2019 Pension Trust Funds ADDITIONS Contributions: Contributions from employer $ 10,901,645 Contributions from employer - state tax 2,285,415 Contributions from employees 7,326,649 Total contributions 20,513,709 Investment income: Net appreciation in fair value of investments 38,604,354 Interest 11,466,307 Dividends 11,546,899 61,617,560 Less investment expenses: Investment management / custodian fees (6,578,615) Net income from investing activities 55,038,945 Securities lending income: Gross earnings 3,766,156 Rebate received (paid) (3,052,140) Bank fees (249,718) Net income from securities lending 464,298 Total additions 76,016,952 DEDUCTIONS Benefits and withdrawal payments: Benefits 52,499,386 Withdrawal payments 1,017,365 Total benefits and withdrawal payments 53,516,751 Income before administrative expenses 22,500,201 Administrative expenses (394,914) Net increase 22,105,287 Fiduciary net position restricted for pensions Fiduciary net position - beginning 1,085,389,924 Fiduciary net position - ending $ 1,107,495,211 The notes to the financial statements are an integral part of this statement. 41 City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2019 42 Note I – Summary of Significant Accounting Policies The City of Clearwater was first incorporated in 1915 and reestablished in 1923 as a municipal corporation by Chapter 9710, Special Laws of Florida, 1923, as amended. The City is a Florida municipal corporation governed by a five-member City Council including a mayor-council member. The City has an estimated population of 116,585 and is located in the four- county Tampa-St. Petersburg-Clearwater Metropolitan Statistical Area (MSA), which has an estimated population of 3,138,395. The financial statements of the City of Clearwater, Florida, reporting entity (City) have been prepared in accordance with generally accepted accounting principles (GAAP) as applied to governmental units. The Governmental Accounting Standards Board (GASB) is the standard-setting body for governmental accounting and financial reporting. The GASB periodically updates its codification of the existing Governmental Accounting and Financial Reporting standards which, along with subsequent GASB pronouncements (Statements and Interpretations), constitutes GAAP for governmental units. The City’s more significant accounting policies are described below. I.A. Financial Reporting Entity In evaluating the City as a reporting entity, management has included in the accompanying financial statements the City of Clearwater (the primary government) and its component units, entities for which the government is financially accountable. The City has adhered to the standards set forth in GASB Statement No. 14, as amended by GASB Statement No. 39, GASB Statement No. 61 and GASB Statement No. 90, in reporting the primary government (including blended component units), the reporting entity, and related organizations. Blended Component Unit – Clearwater Community Redevelopment Agency: Component units that meet the criteria for blended presentation in accordance with GASB Statement No. 14, as amended by GASB Statement No. 39 and GASB Statement No. 61, are reported in a manner similar to that of the primary government itself. Accordingly, throughout this report, data presented for the primary government includes data of the following blended component unit. The Clearwater Community Redevelopment Agency (CRA), created by authority of Florida Statute Chapter 163, Part III, and City of Clearwater Resolutions 81-67 and 81-68, although it is legally separate, is reported as if it were part of the City (blended component unit) because the City Council serves as the governing board of the CRA, and City management has operational responsibility for the CRA. Separate financial statements for the CRA are not available. However, financial statements for the CRA are included in the City’s comprehensive annual financial report as a governmental non-major special revenue fund and a governmental non-major capital projects fund. Related Organization – Clearwater Housing Authority (CHA): CHA is a public housing authority created by City Resolution 69-5 (1969), under Section 421.04 of the Florida Statutes. CHA receives primary funding from the Federal Department of Housing and Urban Development (HUD). The City Council appoints the governing board; however, the City Council is not able to impose its will on the CHA, nor does the City have any responsibility for the budget, debt, financing deficits, or fiscal management of CHA. Consequently, it is not a component unit of the City of Clearwater. Separate audited financial statements of CHA as of March 31, 2019 are available from CHA. Related Organization – Downtown Development Board: The City of Clearwater serves as administrative agent for the Clearwater Downtown Development Board (DDB). The Downtown Development Board is an independent special district of the City of Clearwater with an independent board elected by its members, with its own levy (0.9700 mills for fiscal 2019) on downtown properties, and is not financially dependent upon the City. Consequently, it is not a component unit of the City of Clearwater. The DDB’s cash balance held by the City as administrative agent is reflected in the City’s fiduciary agency fund. Separate audited financial statements of the DDB as of September 30, 2019 are available from the DDB. Jointly governed organization – Florida Gas Utility: The City of Clearwater is a member of the Florida Gas Utility (FGU), a non-profit municipal public entity created for the primary purpose of reducing the costs of purchased gas for its members. FGU is a public body corporate and politic pursuant to Section 163.01 Florida Statutes (the Florida Interlocal Cooperation Act), as amended, and the Interlocal Agreement, dated September 1, 1989, which was subsequently amended by the Amended Interlocal Agreement on June 1, 1992, amended and restated by the Amended and Restated Interlocal City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2019 43 Agreement, dated July 1, 1996, then amended and restated by the Second Amended and Restated Interlocal Agreement, dated July 27, 1999, and then amended and restated by the Third Amended and Restated Interlocal Agreement dated March 25, 2011 (the Interlocal Agreement), executed and delivered among FGU and its members, which include municipalities, municipal utilities, and an interlocal agreement consisting of such entities. Due to the diverse needs of municipal utility systems, FGU established itself as a project-oriented agency. Under this structure, each member has the option to participate in a project. FGU has the authority to, among other things, plan, finance, acquire, construct, manage, operate, deliver, service, utilize, own, broker, exchange, and distribute natural gas, or other energy and energy services, pursuant to the Interlocal Agreement. As of September 30, 2019, FGU has 23 members. Separate audited financial statements of FGU as of September 30, 2019, are available from FGU. I.B. Basis of Presentation The City’s Basic Financial Statements contain three components: government-wide financial statements, fund financial statements, and notes to the financial statements. I.B.1. Government-wide financial statements. The government-wide financial statements report information on all of the nonfiduciary activities of the primary government and its component unit using the accrual basis of accounting, which is similar to the accounting used by private-sector businesses. Governmental activities, which normally are supported by taxes and intergovernmental revenues, are reported separately from business-type activities, which rely to a significant extent on fees and charges for support. The statement of net position presents information on all assets, deferred outflows of resources, liabilities, and deferred inflows of resources of the City. Net position is defined as the residual of all other elements presented in a statement of financial position. Net position is the difference between (a) assets and deferred outflows of resources and (b) liabilities and deferred inflows of resources. Changes in net position may serve as an indicator of whether the financial position of the City is improving or deteriorating. The statement of activities demonstrates the degree to which the direct expenses of a given function or segment are offset by program revenues. Direct expenses are those that are clearly identifiable with a specific function or segment. Program revenues include 1) charges to customers or applicants who purchase, use, or directly benefit from goods, services, or privileges provided by a given function or segment and 2) grants and contributions that are restricted to meeting the operational or capital requirements of a particular function or segment. The operating grants include operating-specific and discretionary (either operating or capital) grants while the capital grants column reflects capital-specific grants. Taxes and other items not properly included among program revenues are reported instead as general revenues. All revenues and expenses are reported as soon as the underlying transaction has occurred, regardless of when cash is received or paid. As a general rule, the effect of interfund activity has been eliminated from the government-wide financial statements. Exceptions to this general rule are payments-in-lieu of taxes and other interfund services provided and used. Elimination of these charges would distort the direct costs and program revenues reported for the various functions concerned. I.B.2. Fund financial statements. Separate financial statements are provided for governmental funds, proprietary funds, and fiduciary funds, even though the latter are excluded from the government-wide financial statements. An emphasis is on the major funds in either the governmental or business-type categories. Major individual governmental funds and major individual enterprise funds are reported as separate columns in the fund financial statements. Non-major funds (by category) are summarized into a single column. The City reports the following major governmental funds: The General Fund is the government’s primary operating fund. It accounts for all financial resources of the general government, except those required to be accounted for in another fund. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2019 44 The Special Development Fund is a special revenue fund used to account for impact fees, property taxes for road improvements, local option gas taxes, infrastructure taxes, and other revenues which are restricted legally or by City Council policy to be used for specific capital improvement projects. The Capital Improvement Fund is used to provide combined accounting presentation for all City capital improvement projects except those financed from proprietary funds or bond proceeds where bond ordinance provisions require the segregation of bond proceeds in separate funds. The City reports the following major enterprise funds: The Water and Sewer Utility enterprise fund is used to account for the financing, construction, operation, and maintenance of the water and sewer services of the City from charges made to users of the service. The Gas Utility enterprise fund is used to account for the financing, construction, operation, and maintenance of the gas services of the City from charges made to the users of the service. The Solid Waste & Recycling Utility enterprise fund is used to account for the financing, construction, operation, and maintenance of the solid waste and recycling services of the City from charges made to the users of the service. The Stormwater Utility enterprise fund is used to account for the financing, construction, operation, and maintenance of the stormwater management system of the City from charges assessed against each developed property. Proprietary funds distinguish operating revenues and expenses from nonoperating items. Operating revenues and expenses generally result from providing services and producing and delivering goods in connection with the proprietary fund’s principal ongoing operations. Operating expenses for proprietary funds include the cost of sales and service, administrative expenses, and depreciation on capital assets. All revenues and expenses not meeting this definition are reported as nonoperating revenues and expenses. Additionally, the City reports the following fund types: Internal service funds account for fleet management, information technology, telephone, employee relations, facilities management, radio communications, insurance, and risk management services provided to other City departments on a cost reimbursement basis. The Garage, Administrative Services, General Services, and Central Insurance funds primarily benefit governmental funds and are consequently included as governmental activities. Pension trust funds account for the financial operation and condition of the Employees’ Pension Plan, the Firefighters’ Relief and Pension Plan, the Police Supplemental Pension Plan, and the Firefighters’ Supplemental Pension Plan. The Treasurer’s Escrow Agency Fund accounts for the receipt, custody, and expenditure of monies held temporarily in an agency capacity for other parties. The pension trust funds and the agency fund are fiduciary funds used to account for resources held for the benefit of parties outside the government. Fiduciary funds are not included in the government-wide financial statements because the resources of these funds are not available to support the City’s own programs. I.C. Measurement Focus and Basis of Accounting The government-wide financial statements are reported using the economic resources measurement focus and the accrual basis of accounting, as are the proprietary fund and fiduciary fund financial statements. The agency fund included within the fiduciary fund financial statements also uses the accrual basis of accounting but does not have a measurement focus. Revenues are recorded when earned and expenses are recorded when a liability is incurred, regardless of the timing of related cash flows. Property taxes are recognized as revenues in the year for which they are levied. Grants and similar items are recognized as revenue as soon as all eligibility requirements imposed by the provider have been met. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2019 45 Governmental fund financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable and available. Revenues are considered to be available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the City considers property tax revenues to be available if they are collected within 60 days of the end of the current fiscal year. Other revenues are considered to be available if they are collected within 90 days of fiscal year-end. Expenditures generally are recorded when a liability is incurred, as under accrual accounting. However, debt service expenditures, as well as expenditures related to compensated absences and claims and judgments, are recorded only when payment is due. Intergovernmental revenues, representing grants and assistance received from other governmental units, are generally recognized as revenues in the period when all eligibility requirements, as defined by GASB Statement No. 33, have been met, and funds are available from the grantor agency or government. Taxes, franchise fees, licenses, and interest associated with the current fiscal period are all considered susceptible to accrual and so have been recognized as revenues of the current fiscal period for the governmental funds. All other revenue items are considered to be measurable and available only when cash is received by the City. I.D. Statements of cash flows For purposes of the statements of cash flows, investments with original maturities of three months or less are considered to meet the definition of cash equivalents. The majority of the investments in which the City's proprietary funds have equity are held by the City's consolidated pool of cash and investments. Since fund equities in this cash management pool have the general characteristics of demand deposits in that additional funds may be deposited at any time, and funds may be withdrawn at any time without prior notice or penalty, each fund's equity account is considered a cash equivalent regardless of the maturities of investments held by the pool. Funds with deficit (overdraft) positions within the consolidated pool report the deficits as interfund payables to the City's Capital Improvement Fund. I.E. Assets, Liabilities, and Net position or Fund Balance I.E.1. Deposits, pooled cash, and investments Cash and investments are presented on the balance sheet in the basic financial statements at fair value in accordance with GASB Statement No. 31, Accounting and Financial Reporting for Certain Investments and for External Investment Pools; and GASB Statement No. 72, Fair Value Measurement and Application. Investments with original maturities of three months or less are considered to meet the definition of cash equivalents. The majority of the investments are held by the City's consolidated pool of cash and investments. The City utilizes the consolidated cash pool to account for cash and investments of all City funds other than those that are required by ordinance to be physically segregated. The consolidated cash pool concept allows each participating fund to benefit from the economies of scale and improved yield that are inherent to a larger investment pool. Formal accounting records detail the individual equities of the participating funds. The cash pool utilizes a single checking account for all City receipts and disbursements. Since fund equities in this cash management pool have the general characteristics of demand deposits in that additional funds may be deposited at any time and funds may be withdrawn at any time without prior notice or penalty, each fund's equity in pooled cash account is considered a cash equivalent, regardless of the maturities of investments held by the pool. All individual fund cash equity in a deficit (overdraft) position with respect to the consolidated cash pool is reclassified at year-end to short-term interfund payables to the Capital Improvement Fund. The Capital Improvement Fund is the fund selected by management to reflect the offsetting interfund receivables in such cases. The City Charter and the current Investment Policy, adopted by the City Council on September 9, 2010, authorize consolidated cash pool investments in the following: direct federal government obligations; federal agencies and instrumentalities; SEC registered money market funds with the highest credit quality rating; interest bearing time deposits or savings accounts in qualified public depositories; debt issued by the State of Florida or any political subdivision thereof including pools; securities of open-end or closed-end management-type investment companies as defined in the policy; City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2019 46 collateralized repurchase agreements and reverse repurchase agreements; local government investment pools per Section 163.01, Florida Statutes; and commercial paper of prime quality as defined in the policy. All investments are reported at fair value. The City utilizes a very conservative investment philosophy when it invests its pooled cash funds in that the return of the principal is more important than the return on the principal. The City does not actively trade its portfolio and generally holds investments until maturity. Using a laddered approach to maturities and timing maturities to cash needs, the City does not anticipate selling investments to meet cash flow requirements. Under the City’s Investment Policy, a performance measurement standard has been established. The performance measure chosen is a weighted average of the overnight interest rate; and three month, six month, one year, three year, five year, and ten year Treasury rates, respectively. For the fiscal year ended September 30, 2019, the performance measure weighted average was 2.26%. The actual pooled cash earnings performance before bank charges was 2.20%. Investments being held outside of the consolidated cash pool include escrowed debt service investments and employee retirement investments. Permissible escrowed debt service investments are specifically defined in each individual debt instrument, but generally follow the same limitations applicable to consolidated cash pool investments. The City maintains four different employee retirement programs, and each one has its own list of permitted investments. Generally, each plan allows the same type of investments as the consolidated cash pool, but additionally allows some portion of its assets to be invested in corporate bonds, notes of corporations, and stocks that are listed on one or more of the recognized national or international stock exchanges. I.E.2. Receivables and payables Activity between funds that are representative of lending/borrowing arrangements outstanding at the end of the fiscal year are referred to as either “due to/from other funds” (i.e. the current portion of interfund loans) or “advances to/from other funds” (i.e. the non-current portion of interfund loans). All other outstanding balances between funds are reported as “due to/from other funds.” Any residual balances outstanding between the governmental activities and business-type activities are reported in the government-wide financial statements as “internal balances”. All trade and property tax receivables are shown net of an allowance for uncollectible accounts. Trade accounts receivable less than 60 days are included in the trade accounts receivable allowance for uncollectible accounts at the five-year average loss experience rate of 2.24%. Trade accounts receivable in excess of 60 days are reserved at 40%. The property tax receivable allowance for uncollectible accounts is 10% of the current year portion of the receivable, and 30%, 50%, 70%, 90%, and 95% for the receivable portions attributable to the prior five years respectively (fiscal 2014 thru 2018), and 100% of the receivable attributable to fiscal years 2013 and prior. Property tax revenue is recognized in the fiscal year for which the taxes are levied, provided the availability test is met, in conformance with National Council on Governmental Accounting Interpretation No. 3. Property taxes for the following fiscal year are levied by City Council action in September of each year. This levy is apportioned to property owners based on the previous January 1 assessed values. Tax bills are mailed out on or about November 1, and the collection period runs from November 1 through March 31. On April 1, unpaid property taxes are considered delinquent and become a lien. Tax certificates are sold in June for real property with delinquent taxes. Since taxes are not collected prior to November 1, the City does not record revenue for advance collections. Uncollected taxes receivable at year-end are recorded, with an appropriate allowance for estimated uncollectible amounts. The net amount deemed to be collectible but not current (not expected to be collected within sixty days after the close of the fiscal year) is shown as deferred inflows in the appropriate fund. All delinquent property taxes, except those levied specifically for the restricted purposes of financing activities accounted for in the Special Development Fund, are recorded in the General Fund. Property tax revenues are recognized in the General Fund and the required transfers to the appropriate debt service or pension fund are recorded as operating transfers from the General Fund. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2019 47 The City is permitted by State law to levy ten mills without referendum. Additional millage not subject to the ten mill limitation is authorized if approved by referendum, for a period not to exceed two years. The tax rate of 5.9550 mills for the year ended September 30, 2019 is an increase of 0.8 mills from the previous rate of 5.1550 mills, which the City levied for nine consecutive years. Water, gas, stormwater, solid waste and recycling charges to customers are based on actual consumption. Consumption is determined on a monthly cycle basis. The City recognizes the unbilled consumption as revenue as of September 30th. I.E.3. Inventories and prepaid items Inventories of proprietary funds are stated at cost and valued on the first-in first-out (FIFO) basis. In governmental funds, the majority of inventory items are accounted for under the purchases method, which provides that expenditures are recognized when the inventory item is purchased. The only governmental fund inventory that is accounted for under the consumption method is the General Fund inventory of items for resale at the City’s public fishing pier. Under the consumption method, the expenditure/expense is recognized when the inventory item is sold (or consumed). Certain payments to vendors reflect costs applicable to future accounting periods and are recorded as prepaid items in both government-wide and fund financial statements. The cost of prepaid items is recorded as expenditures/expenses when consumed rather than when purchased. I.E.4. Restricted assets Certain resources of the City’s enterprise funds are classified as restricted assets. Restricted assets include: Water and Sewer improvement charges restricted by the authorizing ordinances to the construction of additions and improvements to the water and sewer systems; Water & Sewer Utility, Gas Utility and Solid Waste & Recycling Utility restricted customer deposits; assets of the Water & Sewer Utility, Gas Utility, and Stormwater Utility funds restricted under the provisions of authorizing ordinances for revenue bonds to the payment of future revenue bond debt service, system construction, and renewals and replacements; and the net pension assets of the Water & Sewer Utility, Gas Utility, Solid Waste & Recycling Utility and Stormwater Utility funds that are in an irrevocable trust are restricted for pensions. I.E.5. Capital assets Capital assets, which include property, plant, equipment, and certain infrastructure assets, (e.g. roads, bridges, etc.) are reported in the applicable governmental or business-type activities columns in the government-wide financial statements. Capital assets, as defined by the City, are assets with an initial individual cost of more than $5,000 (amount not rounded) and useful life greater than one year. Individual assets that cost less than $5,000, but that operate as part of a network system, may be capitalized in the aggregate, using the group method. Additionally, higher thresholds for capitalization apply to the following categories: land improvements, $50,000; buildings, building improvements, and utility systems, $100,000; intangible assets, $100,000; and infrastructure, $500,000. Capital assets are recorded at historical cost or estimated historical cost if purchased or constructed. Donated capital assets are recorded at acquisition value at the date of donation. The costs of normal maintenance and repairs that do not add to the value of the asset or materially extend asset lives are not capitalized. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2019 48 Property, plant, equipment, and intangible assets of the primary government are depreciated using the straight-line method over the following estimated useful lives: Assets Years Buildings 10 – 40 Public domain infrastructure 20 – 40 Utility systems 18 – 40 Machinery & equipment 3 – 15 Vehicles 5 – 10 Intangible assets 5 – 20 I.E.6. Compensated absences It is the City’s policy to permit employees to accumulate earned but unused vacation and sick pay benefits. Vacation and sick leave “caps” vary depending upon an employee’s bargaining unit, hire date, etc, but generally employees may accumulate vacation time not exceeding 320 hours and sick leave not exceeding 1,560 hours. Upon retirement from City service a qualified employee is paid for all vacation time not exceeding the applicable vacation “cap” and one-half of accumulated unused sick leave not exceeding the sick leave cap (i.e. maximum pay-out of 780 hours for an employee with a 1,560 hour cap). The City accrues for all earned but unused vacation pay up to the applicable cap and the portion of unused sick leave estimated to be payable upon retirement. The current portion of compensated absences is the amount estimated to be used in the following year. For governmental activities, compensated absences are liquidated within the same governmental funds where the employee vacation and/or sick leave was earned. I.E.7. Long-term obligations In the government-wide financial statements, and proprietary fund types in the fund financial statements, long-term debt and other long-term obligations are reported as liabilities in the applicable governmental activities, business-type activities, or proprietary fund type statement of net position. Bond premiums and discounts are deferred and amortized over the life of the bonds using the straight-line method. Bonds payable are reported net of the applicable bond premium or discount. Bond issuance costs are expended when incurred. In the fund financial statements, governmental fund types recognize bond premiums and discounts during the current period. The face amount of debt issued is reported as other financing sources. Premiums received on debt issuances are reported as other financing sources while discounts on debt issuances are reported as other financing uses. Issuance costs, whether or not withheld from the actual debt proceeds received, are reported as debt service expenditures. I.E.8. Deferred outflows/inflows of resources In addition to assets, the statement of net position will sometimes report a separate section for deferred outflows of resources. This separate financial statement element, deferred outflows of resources, represents a consumption on net position that applies to a future period(s) and so will not be recognized as an outflow of resources (expenditure/expense) until that time. The City reports deferred outflows related to bond refundings, pensions and other post-employment benefits (OPEB). Similarly, in addition to liabilities, the statement of net position will sometimes report a separate section for deferred inflows of resources. This separate financial statement element, deferred inflows of resources, represents an acquisition of net position City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2019 49 that applies for a future period(s) and so will not be recognized as an inflow of resources (revenue) until that time. The City reports deferred inflows related to pensions, other post-employment benefits (OPEB), property taxes receivable and code enforcement liens. In accordance with GASB Statement No. 63, Financial Reporting of Deferred Outflows of Resources, Deferred Inflows of Resources, and Net Position, deferred outflows related to deferred amounts on bond refundings are reported in the Water and Sewer Utility, Gas Utility and Stormwater Utility funds, as well as in the government-wide statements. These amounts represent the difference between the reacquisition price and the net carrying amount of the old debt, which is amortized over the remaining life of the old debt or the life of the new debt, whichever is shorter. In accordance with GASB Statement No. 65, Items Previously Reported as Assets and Liabilities, deferred outflows related to property taxes receivable and code enforcement liens are reported when the receivable in recorded in the governmental fund financial statements but the revenue is not available. In accordance with GASB Statement No. 68, Accounting and Financial Reporting for Pensions, changes in total pension liability arising from the differences between expected and actual experience, changes of assumption of future economic and demographic factors and the net difference between projected and actual earnings on pension plan investments are recognized as deferred outflows of resources or deferred inflows of resources and are reported in all enterprise and internal service funds, as well as in the government-wide statements. Changes between expected and actual experience and changes of assumptions are recognized in pension expense over a closed period equal to the average of the expected remaining service lives of all active and inactive employees, while the difference between projected and actual earnings is recognized in pension expense over a closed five-year period. In accordance with GASB Statement No. 75, Accounting and Financial Reporting for Postemployment Benefits Other Than Pensions, differences between expected and actual experience and changes in assumptions are recognized in OPEB expense using a systematic and rational method over a closed period equal to the average of the expected remaining service lives of all employees that are provided with OPEB through the OPEB plan (active employees and inactive employees), determined as of the beginning of the measurement period. At October 1, 2018, the beginning of the current measurement period, the average of the expected remaining services lives for purposes of recognizing the applicable deferred outflows and inflows of resources established in the current measurement period is 6.20 years. I.E.9. Net position flow assumption Sometimes the City will fund outlays for a particular purpose from both unrestricted resources and restricted resources, such as restricted bond or grant proceeds. In order to calculate the amounts to report as restricted net position and unrestricted net position in the government-wide and proprietary fund financial statements, a flow assumption must be made regarding the order in which the resources are considered to be applied. It is the City’s policy to consider restricted net position to have been depleted before unrestricted net position is applied. I.E.10. Fund balance flow assumption Sometimes the City will fund outlays for a particular purpose from both restricted and unrestricted resources (the total of committed, assigned and unassigned fund balance). In order to calculate the amounts to report as restricted, committed, assigned and unassigned fund balance in the governmental fund financial statements, a flow assumption must be made regarding the order in which the resources are considered to be applied. It is the City’s policy to consider restricted fund balance to have been depleted before using any of the components of unrestricted fund balance. Further, when the components of unrestricted fund balance can be used for the same purpose, committed fund balance is depleted first, followed by assigned fund balance. Unassigned fund balance is applied last. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2019 50 I.E.11. Fund balance policies The fund balance of governmental funds is reported in various classifications that comprise a hierarchy based primarily on the extent to which the government is bound to observe constraints imposed upon the use of the resources reported in the governmental funds. Each classification of fund balance is based on the relative strength of the constraints that control how specific amounts can be spent. The order of spending follows the same hierarchy. Restricted resources are applied first when expenditures are incurred for purposes for which either restricted or unrestricted (committed, assigned or unassigned) amounts are available. Similarly, within unrestricted fund balance, committed amounts are reduced first followed by assigned, and then unassigned amounts when expenditures are incurred for purposes for which amounts in any of the unrestricted fund balance classifications could be used. Nonspendable fund balance represents amounts that cannot be spent, such as inventories, prepaid amounts, and amounts that are legally or contractually required to remain intact. Restricted fund balance includes amounts that can be spent only for the specific purposes stipulated by constitution, external resource providers, or through enabling legislation. Committed fund balance includes amounts that can be used only for the specific purposes determined by the adoption of an ordinance prior to the end of the fiscal year by the City Council, the highest level of decision-making authority. Once adopted by ordinance, a commitment can only be revised or removed by the adoption of another ordinance. Assigned fund balance includes amounts that are intended to be used by the government for specific purposes but do not meet the criteria to be classified as restricted or committed because they are supported by management’s intent rather than a formal action of the City Council. The Finance Director is authorized by Section 2.511 of the Code of Ordinances to assign fund balance. Since assignments only exist temporarily, no further action is required to revise or remove them. Unassigned fund balance includes amounts not classified in the above categories. Positive unassigned fund balance may only be reported in the general fund. In all other funds, unassigned fund balance is limited to negative residual fund balances. Minimum fund balance. Per City Council Policy, a minimum General Fund unassigned balance of 8.0% of the subsequent year’s budgeted expenditures must be maintained as a contingency fund for unanticipated financial needs. In addition, 0.5% of the subsequent year’s budgeted expenditures must be maintained to fund unanticipated retirements of employees residing in General Fund departments. Budgeted appropriations will maintain these minimum reserves of 8.5% of subsequent year’s budgeted expenditures, with excess reserves available for specific capital improvement projects or other “one-time” needs. Stabilization arrangement. As of September 30, 2019, the City Council has not established a separate revenue stabilization reserve. I.E.12. Use of estimates The preparation of financial statements in conformity with generally accepted accounting principles (GAAP) requires management to make estimates and assumptions that affect the amounts reported in the financial statements and accompanying notes. Actual results could differ from the estimates. I.F. Adoption of new GASB pronouncements During the fiscal year ended September 30, 2019, the City implemented the following GASB pronouncements: GASB Statement No. 88, Certain Disclosures Related to Debt, including Direct borrowings and Direct Placements. Issued April 2018, this statement requires that additional essential information related to debt be disclosed in notes to financial City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2019 51 statements, including unused lines of credit; assets pledged as collateral for the debt; and terms specified in debt agreements related to significant events of default with finance-related consequences, significant termination events with finance-related consequences, and significant subjective acceleration clauses. This statement also requires that existing and additional information be provided for direct borrowings and direct placements of debt separately from other debt. The required disclosures have been added to Note III.F.5. GASB Statement No. 90, Majority Equity Interests-an amendment of GASB Statements No. 14 and No. 61. Issued August 2018, this statement defines a majority equity interest and specifies that a majority equity interest in a legally separate organization should be reported as an investment if a government’s holding of the equity interest meets the definition of an investment. This statement also requires that a component unit in which a government has a 100 percent equity interest account for its assets, deferred outflows of resources, liabilities, and deferred inflows of resources at acquisition value at the date the government acquired a 100 percent equity interest in the component unit. Implementation of this statement did not have any impact on the City’s financial statements or note disclosures. GASB Statement No. 91, Conduit Debt Obligations. Issued May 2019, this statement clarifies the existing definition of a conduit debt obligation; establishes that a conduit debt obligation is not a liability of the issuer; establishes standards for accounting and financial reporting of additional commitments and voluntary commitments extended by issuers and arrangements associated with conduit debt obligations; and improves required note disclosures. This statement also addresses arrangements—often characterized as leases—that are associated with conduit debt obligations. The required disclosures have been added to Note IV.G. Note II – Stewardship, Compliance, and Accountability II.A. Budgets and budgetary accounting Annual budgets are legally adopted for the General Fund, Special Development special revenue fund, and the Community Redevelopment Agency special revenue fund. The budget for the Special Development Fund is adopted on a basis consistent with GAAP, and appropriations lapse at year-end. The Community Redevelopment Agency (CRA) Fund annual budget is adopted by the trustees of that agency in accordance with state law. The level of budgetary control is the total fund. The CRA Fund Budget is adopted on a basis consistent with GAAP, and all appropriations lapse at year-end. There are unfavorable expenditure budget variances in the General Fund in the City Manager’s Office, primarily due to the mid-year addition of two full-time positions (Sustainability Coordinator and Cultural Affairs Coordinator) and the upgrade of the Assistant to the City Manager position; in CRA Administration primarily due to temporary part-time positions created to staff events at Second Century Studios and a temporary full-time position to cover leave of absence; in Marine due to unbudgeted purchases for resale at Pier 60, which were offset by unbudgeted concession and souvenir revenues. There were no unfavorable expenditure budget variances in the Special Development special revenue fund or the Community Redevelopment Agency special revenue fund. The level of budgetary control established by the legislative body, the level on which expenditures may not legally exceed appropriations, is the individual fund. In accordance with provisions of Ordinance 5025-90 and with Section 2.519(4) of the Clearwater Code, the City Manager may transfer part or all of any unencumbered appropriation balance among programs within an operating fund, provided such action does not result in the discontinuance of a program. Such transfers must be included in the next budget review presented to the City Council. Upon detailed written request by the City Manager, the City Council may by ordinance transfer part or all of any unencumbered appropriation balance from one fund to another. As established by administrative policy, department directors may transfer money from one operating code to another within a program without a formal written amendment. Formal requests for budget amendments from department directors are required for transfers, capital expenditures, and reserves. Thus, certain object classifications within departmental and/or program budget appropriations are subject to administratively imposed controls, in addition to the legal controls imposed by City Council action described above. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2019 52 Budget amounts presented in the accompanying financial statements reflect all amendments adopted by the City Council and the governing board of the component unit. All amendments were adopted in conformance with legal requirements. Individual amendments, as well as the net effects of all amendments during the fiscal year, were not material in relation to the original appropriations for the governmental funds in the aggregate. Budgets for the Capital Projects Funds, the Special Programs Fund, the SHIP Local Housing Assistance Trust Fund, and the Pinellas County Local Housing Assistance Trust Fund are adopted on a multi-year completed program basis, where budgetary appropriations do not lapse at year-end, but may extend across two or more fiscal years. A comparison of annual results with these budgets would not be meaningful and is therefore not included in this report. All City Council adopted budgets are integrated into the formal accounting system to allow for monthly comparison of projected and actual results in all funds for which budgets are adopted. Note III – Detailed Notes on All Funds III.A. Deposits and investments Investments with original maturities of three months or less are considered to meet the definition of cash equivalents. The majority of the investments in which the City's proprietary funds have equity are held by the City's consolidated pool of cash and investments. Since fund equities in this cash management pool have the general characteristics of demand deposits, in that additional funds may be deposited at any time, and funds may be withdrawn at any time without prior notice or penalty, each fund's equity account is considered a cash-equivalent regardless of the maturities of investments held by the pool. Funds with deficit (overdraft) positions within the consolidated pool report the deficits as interfund payables to the City's Capital Improvement Fund. Fair Value The City of Clearwater and the City’s pension plans categorize fair value measurements within the fair value hierarchy established by GAAP. The hierarchy is based on the valuation inputs used to measure the fair value of the securities and assets. Level 1 inputs are quoted prices in active markets for identical assets; Level 2 inputs are significant other observable inputs; and Level 3 are significant unobservable inputs. Certain investments held by the City and the pension plans are valued at net asset value (NAV) per share when an investment does not have a readily determined fair value, provided that the NAV is calculated and used as a practical expedient to estimate fair value in accordance with GAAP requirements. Equity and Fixed Income Securities – Equity securities, classified in Level 1 of the fair value hierarchy, are valued using prices quoted in active markets issued by pricing vendors for these securities. Fair value is defined as the quoted market value on the last trading day of the period. These prices are obtained from various pricing sources by the City’s custodian bank, Wells Fargo, for the City’s pooled cash investments. Prices for pension investments are obtained by the custodial agents for each of the pension plans. Debt and equity securities classified in Level 2 of the fair value hierarchy are valued using prices determined by matrix pricing techniques maintained by various pricing vendors for these securities. Matrix pricing is used to value securities based on the securities’ relationship to benchmark quoted prices. Debt and equity securities classified in Level 3 of the fair value hierarchy, when applicable, are securities whose stated market price is unobservable by the marketplace; often these securities are priced by the issuer or industry groups. Real Estate Funds – Investments in real estate funds are valued at estimated fair value, as determined in good faith by the General Partner (GP). These investments are initially valued at cost with subsequent adjustments that reflect third party transactions, financial operating results, and other factors deemed relevant by the GP. These assets are valued at NAV. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2019 53 Deposits All cash of the City is entirely insured either by federal depository insurance or via banks’ participation as qualified public depositories pursuant to Florida Statutes, Chapter 280, “Security for Public Deposits”. The City is required to verify that monies are invested in “qualified public depositories” as defined in Florida Statutes section 280.02. Pooled Cash and Investments To increase returns and minimize fees, the City follows the practice of pooling available cash and investments of all funds, with the exception of retirement plan investments and assets held under Bond Trust Indenture Agreements. Please refer to Note I.E.1. for a discussion of allowable investments under the pooled cash and investments investment policy. All investments at year-end were in compliance with the pooled cash and investments investment policy. Pooled cash and investments as of September 30, 2019 are classified in the accompanying financial statements as follows: Statement of net position 9/30/2019 Primary Government: Cash and investments 445,190,570$ Restricted cash and investments 30,687,992 Fiduciary Funds: Cash and investments-agency fund 484,650 Total pooled cash and investments 476,363,212$ City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2019 54 Carrying % of Pooled Cash and Investments Amount Portfolio Less than 1 1-3 Years More than 3 Moody's Rating Cash and cash equivalents: Cash on hand 49,257$ 0.01% N/A Time / interest bearing account 8,731,087 1.83% N/A Total cash and cash equivalents 8,780,344 Investments:Standard & Local Government Investment Pools:Poor's Rating Florida Safe Investment Pool 24,467,461 5.14% 24,467,461 - - AAAm Florida Cooperative Liquid Assets Securities System 155,927,819 32.73% 155,927,819 - - AAAm - 185,446,775 180,395,280 5,051,495 - Moody's Rating Treasuries 5,202,930 1.09% - - 5,202,930 N/A U.S. Agencies: Federal Home Loan Bank (FHLB) 32,499,611 6.82% 5,996,894 24,963,898 1,538,819 Aaa Federal National Mortgage Assn (FNMA) 39,752,528 8.35% 29,773,029 9,979,499 - Aaa Federal Farm Credit Bank (FFCB) 19,994,061 4.20% 4,996,395 14,997,666 - Aaa Federal Home Loan Mortgage Corp (FHLMC) 95,059,500 19.95% 14,951,563 49,969,421 30,138,516 Aaa Federal Home Loan Mortgage Corp Zeroes 1,890,707 0.40% - 1,890,707 - Aaa Federal National Mortgage Assn (FNMA) Zeroes 9,530,738 2.00% - 9,530,738 - Aaa Farmer Mac (FAMCA) 3,655,998 0.77% - 3,655,998 - Aaa Tennessee Valley Authority (TVA) Zeroes 2,726,655 0.57% 2,303,402 423,253 - Aaa Total U.S. Agencies 205,109,798 58,021,283 115,411,180 31,677,335 Municipal bonds 1,915,000 0.40% 1,915,000 - - Aa1/Aa2/Aa3 Municipal bonds 1,000,000 0.21% 1,000,000 - - A1/A2/A3 Total municipal bonds 2,915,000 2,915,000 - - Mortgage backed securities 67,735,309 14.22% 3,074,538 15,802,401 48,858,370 Aaa Asset backed securities 1,173,056 0.25% 2,780 261,283 908,993 Aaa Total investments 467,582,868 244,408,881 136,526,359 86,647,628 Total pooled cash and investments 476,363,212$ 100.00% AAAf Florida Local Government Investment Trust - Short Term Bonds Investment Maturities in Years 5,051,495 1.06% - 5,051,495 City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2019 55 Interest Rate Risk – Pooled Cash and Investments: As a means of limiting exposure to fair value losses arising from rising interest rates, the City’s pooled cash investment policy prohibits investments in securities maturing more than fifteen years from the date of purchase, unless matched to a specific cash flow requirement. Additionally, the policy allows no more than 10% of the portfolio to have maturities in excess of ten years unless specifically matched against a debt or obligation. Finally, the investment policy states that it is the City’s intent to keep the weighted average maturity to three years or less, except for temporary situations due to market conditions and/or cash needs when the average maturity may exceed three years but shall not exceed five years. Weighted average maturities for the City’s pooled cash investments are indicated in the table above. Credit Risk – Pooled Cash and Investments: The City’s pooled cash investment policy, in accordance with Florida Statutes, allows investments to direct obligations of the United States, federal agencies, debt issued by the State of Florida or any political subdivision, and commercial paper of prime quality of the highest letter and numerical rating as provided by at least one nationally recognized rating service. Ratings for the City’s pooled cash investments are disclosed in the preceding table. Concentration of Credit Risk – Pooled Cash and Investments: The City’s pooled cash investment policy limits the investment in any one issuer to 40% of the portfolio. Concentrations of the various issuers are disclosed in the preceding table. Fair Value Measurement: The City has adopted the provisions of GASB Statements No. 72 and No. 79 and fully disclosed in the notes to the financial statements the fair value hierarchy and the methods of valuing the related investments as required under generally accepted accounting principles. The City of Clearwater categorizes fair value measurements within the fair value hierarchy established by GAAP. The hierarchy is based on the valuation inputs used to measure the fair value of the securities and assets. Level 1 inputs are quoted prices in active markets for identical assets; Level 2 inputs are significant other observable inputs; and Level 3 are significant unobservable inputs. Certain investments held by the City are valued at net asset value (NAV) per share when an investment does not have a readily determined fair value, provided that the NAV is calculated and used as a practical expedient to estimate fair value in accordance with GAAP requirements. Fixed Income Securities – Fair value is defined as the quoted market value on the last trading day of the period. These prices are obtained from various pricing sources by the City’s custodian bank, Bank of America, for the City’s pooled cash investments. Debt securities classified in Level 2 of the fair value hierarchy are valued using prices determined by matrix pricing techniques maintained by various pricing vendors for these securities. Matrix pricing is used to value securities based on the securities’ relationship to benchmark quoted prices. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2019 56 The City has the following recurring fair value measurements as of September 30, 2019: Quoted Prices in Significant Active Markets Other Significant Measured for Identical Observable Unobservable at (in thousands)Fair Value Assets (Level 1)Inputs (Level 2)Inputs (Level 3)Net Asset Value U.S. Government securities 5,203$ -$ 5,203$ -$ -$ Federal Agency securities 205,110 - 205,110 - - Municipal obligations 2,915 - 2,915 - - Mortgage backed securities 67,735 - 67,735 - - Asset backed securities 1,173 - 1,173 - - Florida Safe Investment Pool 24,467 - - - 24,467 Florida Cooperative Liquid Assets Securities System 155,928 - - - 155,928 Florida Local Govt. Investment Trust-Short Term Bonds 5,052 - - - 5,052 467,583$ -$ 282,136$ -$ 185,447$ The Florida SAFE Investment Pool (FLSAFE), the Florida Cooperative Liquid Assets Securities System (FLCLASS), and the Florida Local Government Investment Trust – Short Term Bonds (FLGIT-Short Term Bonds), are independent local government investment pools created under the laws of Florida to provide eligible units of local government with investment vehicles to pool their surplus funds. FLSAFE and FLCLASS investment pools are Stable Net Asset Value investment pools rated AAAm by Standard & Poors, while FLGIT – Short Term Bonds pool is a Variable Net Asset Value investment pool rated AAAf by Standard & Poors. The investment advisor and administrator for the FLSAFE investment pool is PMA Financial Network, Inc.; the investment advisor and administrator for the FLCLASS investment pool is Public Trust Advisors, LLC; while Payden & Rygel serves as the investment advisor for the FLGIT Short Term Bonds investment pool and CiviTek as administrator. The three local government investment pools, Florida Safe Investment Pool (FLSAFE), Florida Cooperative Liquid Assets Securities System (FLCLASS), and the Florida Local Government Investment Trust (FLGIT) Short Term Bonds Fund, have no unfunded commitments and all provide same day or next day redemption. The investment strategies of all three prioritize safety of principal and liquidity over return, consistent with the City’s investment strategy, investing in high-quality short- term investments. Pension Plan Assets The City reports four pension funds in the accompanying financial statements. Each of the plans has a separate governing board of trustees, a separate investment policy, and differing investment restrictions/risks. Consequently, each is disclosed separately below. All investments at year-end were in compliance with the respective plan investment policies. Please refer to Note I.E.1. for a discussion of allowable investments under the pension plans. Investments are reported at fair value or net asset value, as disclosed, and are managed by third party money managers. The City’s independent custodian and the individual money managers price each instrument (using various third-party pricing sources) and reconcile material differences. Investments in certain alternative investments are valued using the net asset value (NAV) per shares outstanding. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2019 57 Employees’ Pension Plan At year-end, the Employees’ Pension Plan cash and investment balances were as follows: Carrying % of Weighted avg Moody's Employees' Pension Plan Cash and Investments Amount Portfolio maturity (years)Rating Cash and cash equivalents: Cash and cash equivalents - pooled cash 2,118,678$ 0.20% N/A N/A Cash in managed investment accounts 24,360,444 2.26% N/A N/A Total cash and cash equivalents 26,479,122 Investments: Government bonds 940,220 0.09% AGY Government bonds 44,554,023 4.13% Aaa Government bonds 566,892 0.05% Aa Government bonds 2,408,124 0.22% A Government bonds 2,303,038 0.21% Baa Government bonds 427,552 0.04% NR Index linked government bonds 3,289,568 0.30%25.3 Aaa Agency bonds 2,257,180 0.21% AGY Agency bonds 2,829,405 0.26% Baa Municipal bonds 1,436,509 0.13% Aa Municipal bonds 745,056 0.07% A Municipal bonds 731,120 0.07% Baa Domestic corporate bonds 1,075,057 0.10% Aaa Domestic corporate bonds 5,046,600 0.47% Aa Domestic corporate bonds 27,267,389 2.53% A Domestic corporate bonds 58,245,234 5.39% Baa Domestic corporate bonds 5,507,131 0.51% Ba Domestic corporate bonds 3,619,583 0.34% NR Asset backed securities 46,594 0.00% AGY Asset backed securities 7,755,240 0.72% Aaa Other/rights/warrants 1,606 0.00% N/A NR Domestic stocks 396,845,666 36.74% N/A N/A International equity securities 132,135,368 12.24% N/A N/A Mortgage backed bonds 131,366,611 12.17% AGY Mortgage backed bonds 54,658 0.01% Aaa Mortgage backed bonds 102,343 0.01% NR International equity mutual funds 36,748,733 3.40% N/A N/A Domestic equity mutual funds 47,452,566 4.39% N/A N/A Infrastructure 41,157,478 3.81% N/A N/A Real Estate/Timber 96,371,633 8.93% N/A N/A Total investments 1,053,288,177 Total cash and investments 1,079,767,299$ 100.00% 37.5 10.4 28.0 18.8 10.8 10.4 City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2019 58 Interest Rate Risk – Employees’ Pension Plan: As a means of limiting exposure to fair value losses arising from rising interest rates, the Employees’ Pension Plan investment policy limits the investment in fixed income investments to no more than 50% of the portfolio. There are no limits related to weighted average maturities due to the long-term nature of pension plan investing. Credit Risk – Employees’ Pension Plan: The Employees’ Pension Plan investment policy limits credit risk by restricting equity investments to corporations that are listed on one of the national or international stock exchanges. Additionally, fixed income corporate bonds must carry an “investment grade” rating as established by one of the nationally recognized rating agencies. At September 30, 2019, the Plan had $5,507,131 invested in domestic corporate bonds that had fallen below investment grade (Ba1 and lower) as the result of investment downgrades, as indicated on the previous table. The respective money managers notified the Plan administrators of the downgrades and the planned courses of action related to these securities on a timely basis, consistent with the policy’s individual manager guidelines. Concentration of Credit Risk – Employees’ Pension Plan: The Employees’ Pension Plan investment policy limits concentration of credit risk by limiting the investment in common stock or capital stock of any one corporation to 3% of the plan equity assets, unless due to a higher percentage included in a nationally recognized market index at least as broad as the Standard and Poor’s Composite Index of 500 companies, or upon a specific finding by the investment committee that such higher percentage is in the best interest of the fund. Additionally, the individual manager guidelines associated with the policy provide further diversification of both equity and fixed income investments to minimize concentration of credit risk. Foreign Currency Risk – Employees’ Pension Plan: Risk of loss arises from changes in currency exchange rates. The Employees’ Pension Plan investment policy does not have a formal policy to limit foreign currency risk, other than a guideline of no more than 25% of the plan assets invested in international equities. The Pension Plan’s exposure to foreign currency risk at September 30, 2019 is as follows: Investment Currency Fair Value Common Stock Euro currency 19,718,032$ Common Stock Japanese yen 17,136,335 Common Stock British pound sterling 10,251,238 Common Stock Swiss franc 5,287,063 Common Stock Hong Kong dollar 3,330,234 Common Stock Australian dollar 2,258,244 Common Stock Danish krone 880,583 Common Stock Singapore dollar 873,165 Common Stock Norwegian krone 577,540 Common Stock Swedish krona 538,244 Common Stock South Korean won 418,267 Total 61,268,945$ City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2019 59 Fair Value Measurement: The Employees’ Pension Plan has adopted the provisions of GASB Statement No. 72 and fully disclosed in the notes to the financial statements the fair value hierarchy and the methods of valuing the related investments as required under the generally accepted accounting principles. The City’s independent custodian and the individual money managers price each instrument (using various third-party pricing sources) and reconcile material differences. Investments in certain alternative investments are valued using the net asset value (NAV) per shares outstanding. The Employees’ Pension Plan categorizes fair value measurements within the fair value hierarchy established by GAAP. The hierarchy is based on the valuation inputs used to measure the fair value of the securities and assets. Level 1 inputs are quoted prices in active markets for identical assets; Level 2 inputs are significant other observable inputs; and Level 3 are significant unobservable inputs. Certain investments held by the pension plan are valued at net asset value (NAV) per share when an investment does not have a readily determined fair value, provided that the NAV is calculated and used as a practical expedient to estimate fair value in accordance with GAAP requirements. Equity and Fixed Income Securities – Equity securities, classified in Level 1 of the fair value hierarchy, are valued using prices quoted in active markets issued by pricing vendors for these securities. Fair value is defined as the quoted market value on the last trading day of the period. These prices are obtained from various pricing sources by the City’s custodian bank, Bank of America, for the City’s pooled cash investments. Prices for pension investments are obtained by the custodial agents for each of the pension plans. Debt and equity securities classified in Level 2 of the fair value hierarchy are valued using prices determined by matrix pricing techniques maintained by various pricing vendors for these securities. Matrix pricing is used to value securities based on the securities’ relationship to benchmark quoted prices. Debt and equity securities classified in Level 3 of the fair value hierarchy, when applicable, are securities whose stated market price is unobservable by the marketplace; often these securities are priced by the issuer or industry groups. Real Estate Funds – Investments in real estate funds are valued at estimated fair value, as determined in good faith by the General Partner (GP). These investments are initially valued at cost with subsequent adjustments that reflect third party transactions, financial operating results, and other factors deemed relevant by the GP. These assets are valued at NAV. The Plan has the following recurring fair value measurements as of September 30, 2019: Quoted Prices in Significant Active Markets Other Significant Measured for Identical Observable Unobservable at (in thousands)Fair Value Assets (Level 1)Inputs (Level 2)Inputs (Level 3)Net Asset Value Government bonds 51,200$ -$ 51,200$ -$ -$ Index linked government bonds 3,289 - 3,289 - - U.S. agencies 5,086 - 5,086 - - Municipal bonds 2,913 - 2,913 - - Domestic corporate bonds 100,761 - 100,761 - - Asset backed bonds 7,802 - 7,802 - - Other/Rights/Warrants 2 - - 2 - Domestic stocks 396,846 396,846 - - - International equity securities 132,135 132,135 - - - Mortgage backed bonds 131,524 - 131,524 - - Emerging markets mutual funds 36,749 - - - 36,749 Domestic equity mutual funds 47,452 - 47,452 - - Infrastructure 41,157 - - - 41,157 Real Estate/Timber 96,372 - - - 96,372 1,053,288$ 528,981$ 350,027$ 2$ 174,278$ City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2019 60 Net Asset Value Investments (in thousands): Money Manager Value Unfunded Commitments Investment Strategy Redemption Restrictions Dimensional $ 36,749 $ - Emerging markets equity collective investment trust seeking long term capital appreciation by investing at least 80% of net assets in equity securities of companies located in emerging market countries. None Multi-Employer Property Trust 51,366 - An open-end commingled real estate equity fund organized as a bank collective trust. Strategy to create top- quality, core, income-producing assets through development, rehab, or acquisition and repositioning of undervalued assets. Quarterly redemptions with 45 days notice. Molpus Woodlands Group Funds III & IV 11,551 1,255 Limited Partnership providing income through acquisition, holding, and distribution of timberland No redemption due to Limited Partnership term of up to 14 years, ending 10/22/2027. Hancock Timberland XI LP 8,141 559 Limited Partnership providing income through acquisition, holding, and distribution of timberland No redemption due to Limited Partnership. Tw o-year wind-up period begins 12/31/2025 and ends 12/31/2027. IFM Infrastructure 41,157 - Limited Partnership investing in a diversified portfolio of global infrastructure assets, favoring proprietary investment opportunities over competitive bidding processes. Quarterly redemptions with 90 days notice; manager's best efforts within 36 months of end of quarter. USAA U.S. Government Buildings 11,625 - Core plus real estate strategy for acquisition and build-to- suit development of high quality assets leased to agencies of the U.S. Federal and State Governments. Quarterly redemptions with 60 days notice. Intercontinental U.S. Real Estate Investment Trust 13,689 - Primarily investing in high-quality core and core plus properties for stable predictable cash flow and opportunity for capital appreciation. To a lesser degree, additional enhanced-core and value properties to further enhance diversification and return. Quarterly redemptions with 60 days notice. 174,278$ 1,814$ City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2019 61 Firefighters’ Relief and Pension Plan At year-end, the Firefighters’ Relief and Pension Plan cash and investment balances were as follows: Carrying % of Weighted avg Moody's Amount Portfolio maturity (years)Rating Cash and cash equivalents: Cash and cash equivalents 1,454,685$ 40.71% N/A N/A Total cash and cash equivalents 1,454,685 Investments: U.S. agency - Federal Agricultural Mortgage Corp (FAMCA) 1,144,740 32.04% 4.62 Aaa U.S. agency - Federal Home Loan Bank (FHLB) 973,857 27.25% 16.92 Aaa Total investments 2,118,597 Total managed cash and investments 3,573,282$ 100.00% Interest Rate Risk – Firefighters’ Relief and Pension Plan: As a means of limiting exposure to fair value losses arising from rising interest rates, the Firefighters’ Relief and Pension Plan investment policy stipulates that the Plan does not trade securities and will typically hold securities to maturity. There are no limits related to weighted average maturities due to the long-term nature of pension plan investing. Credit Risk – Firefighters’ Relief and Pension Plan: The Firefighters’ Relief and Pension Plan investment policy limits credit risk by restricting the fixed income investments to investment grade securities, per a nationally recognized ranking agency. Concentration of Credit Risk – Firefighters’ Relief and Pension Plan: The Firefighters’ Relief and Pension Plan investment policy limits concentration of credit risk by limiting the recommended target allocation of the plan to domestic fixed income to 70% of the portfolio, with the remainder of the portfolio allocated to the City’s well-diversified pooled cash portfolio (see above disclosure). There are no additional limitations on concentrations with individual issuers or agencies due to the relatively small portfolio of this closed pension plan. Foreign Currency Risk – Firefighters’ Relief and Pension Plan: The Firefighters’ Relief and Pension Plan investment policy does not permit investment in foreign fixed income or equity securities. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2019 62 Fair Value Measurement: The Firefighters’ Relief and Pension Plan has adopted the provisions of GASB Statement No. 72 and fully disclosed in the notes to the financial statements the fair value hierarchy and the methods of valuing the related investments as required under the generally accepted accounting principles. The Plan has the following recurring fair value measurements as of September 30, 2019: Quoted Prices in Significant Active Markets Other Significant for Identical Observable Unobservable Assets (Level 1)Inputs (Level 2)Inputs (Level 3) Federal agency securities - 2,118,597$ - Police Supplemental Pension Plan At year-end, the Police Supplemental Pension Plan cash and investment balances were as follows: Carrying % of Weighted avg Moody's Amount Portfolio maturity (years)Rating Cash and cash equivalents: Cash in bank 11,225$ 0.05% N/A N/A Cash in managed investment accounts 1,289,663 6.31% N/A N/A Total cash and cash equivalents 1,300,888 Investments: Domestic equity mutual funds 11,519,721 56.40%N/A N/R International equity mutual funds 7,609,003 37.24%N/A N/R Total investments 19,128,724 Total managed cash and investments 20,429,612$ 100.00% Interest Rate Risk – Police Supplemental Pension Plan: As a means of limiting exposure to fair value losses arising from rising interest rates, the Police Supplemental Pension Plan investment policy limits the duration of the fixed income portfolio to 125% of the duration of the Barclays Intermediate Government/Credit Bond Index subject to quarterly review. Additionally, no issues, Treasury, or Corporate Bonds may be purchased with more than 15 years to maturity. Credit Risk – Police Supplemental Pension Plan: The Police Supplemental Pension Plan investment policy limits credit risk by restricting equity investments to corporations that are listed on any one or more of the recognized national stock exchanges. Additionally, fixed income security investments are limited to U.S. Government and agency obligations; “BBB” rated or higher corporate bonds, debentures and preferred stocks; and bonds and other evidence of indebtedness issued or guaranteed by a corporation organized City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2019 63 under the laws of the United States, any state, or organized territory of the United States or District of Columbia provided the corporation meets the standards set forth in section 185.06(1)(b), Florida Statutes, as amended from time to time. Finally, the investment policy requires that investment managers dispose of any issue that has been downgraded below “BBB” as soon as is economically feasible. Concentration of Credit Risk – Police Supplemental Pension Plan: The Police Supplemental Pension Plan investment policy limits concentration of credit risk by limiting the stock position of the equity portfolio to no more than 3 percentage points in excess of the S&P 500. Additionally, any sector position of the equity portfolio may not exceed the S&P 500 sector weighting by more than 10 percentage points without written approval from the Board. Investments in fixed income securities of a single issuer, with the exception of the U.S. Government and its agencies, may not exceed 5 percent of the fixed income portfolio’s value at cost. Foreign Currency Risk – Police Supplemental Pension Plan: Risk of loss arises from changes in currency exchange rates. The Police Supplemental Pension Plan investment policy does not have a formal policy to limit foreign currency risk, other than a guideline of that no more than 25% of the total portfolio at cost may be invested in foreign securities. The Plan has no current exposure to foreign currency risk. Fair Value Measurement: The Police Supplemental Pension Plan has adopted the provisions of GASB Statement No. 72 and fully disclosed in the notes to the financial statements the fair value hierarchy and the methods of valuing the related investments as required under generally accepted accounting principles. The Plan has the following recurring fair value measurements as of September 30, 2019: Quoted Prices in Significant Active Markets Other Significant for Identical Observable Unobservable Fair Value Assets (Level 1)Inputs (Level 2)Inputs (Level 3) Domestic equity mutual funds 11,519,721$ -$ 11,519,721$ -$ International equity mutual funds 7,609,003 - 7,609,003 - 19,128,724$ -$ 19,128,724$ -$ City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2019 64 Firefighters’ Supplemental Pension Plan At year-end, the Firefighters’ Supplemental Pension Plan cash and investment balances were as follows: Carrying % of Weighted avg Moody's Amount Portfolio maturity (years)Rating Cash and cash equivalents: Cash in managed investment accounts 681,587$ 3.53% N/A N/A Total cash and cash equivalents 681,587 Investments: U.S. Treasury obligations 971,381 5.03% 2.8 Aaa Domestic corporate bonds 477,152 2.47% A1/A2/A3 Domestic corporate bonds 91,890 0.48% Aaa/Aa1/Aa3 Domestic corporate bonds 1,296,837 6.71% Baa1/Baa2/Baa3 Domestic corporate bonds 33,653 0.17% N/R Domestic stocks 2,884,196 14.92% N/A N/R Mortgage backed bonds 1,627,683 8.42% 35.5 N/R Domestic equity mutual funds 7,273,678 37.64% N/A N/R International equity mutual funds 1,100,426 5.69% N/A N/R Real estate 2,887,822 14.94% N/A N/R Total investments 18,644,718 Total managed cash and investments 19,326,305$ 100.00% 4.8 Interest Rate Risk – Firefighters’ Supplemental Pension Plan: As a means of limiting exposure to fair value losses arising from rising interest rates, the Firefighters’ Supplemental Pension Plan investment policy limits the duration of the fixed income portfolio to less than 135% of the duration of the Bloomberg Barclay’s Capital Aggregate Bond Index. Credit Risk – Firefighters’ Supplemental Pension Plan: The Firefighters’ Supplemental Pension Plan investment policy limits credit risk by restricting equity investments to securities that are fully and easily negotiable. Investments in corporations whose stock has been publicly traded for less than one year are limited to 15% at cost value of the equity portfolio. Investment in equity securities whose market capitalization is less than $10 billion dollars shall be limited to 25% of the total equity portfolio. The average credit quality of the bond portfolio shall be “A” or higher, and those securities rated below “BBB” shall not exceed 15% of the entire fixed income portfolio. Concentration of Credit Risk – Firefighters’ Supplemental Pension Plan: The Firefighters’ Supplemental Pension Plan investment policy limits concentration of credit risk by limiting the investment in common stock or capital stock of any one issuing company within an investment manager’s portfolio to 5% of the portfolio. Similarly, no more than 5% at cost value of a fixed income investment manager’s portfolio may be invested in the securities of any single corporate issuer per the plan investment policy. Finally, investments in collateralized mortgage obligations are limited to 25% of the fair value of the investment manager’s total portfolio. Foreign Currency Risk – Firefighters’ Supplemental Pension Plan: Risk of loss arises from changes in currency exchange rates. The Firefighters’ Supplemental Pension Plan requires that no more than 25% of the market value of the plan’s total assets may be invested in foreign equity securities, commingled or mutual funds. Direct investment in foreign companies is limited to those traded on a national exchange and/or American Depository Receipts (ADR’s). City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2019 65 Fair Value Measurement: The Firefighters’ Supplemental Pension Plan has adopted the provisions of GASB Statement No. 72 and fully disclosed in the notes to the financial statements the fair value hierarchy and the methods of valuing the related investments as required under generally accepted accounting principles. The Plan has the following recurring fair value measurements as of September 30, 2019: Quoted Prices in Significant Active Markets Other Significant for Identical Observable Unobservable Fair Value Assets (Level 1)Inputs (Level 2)Inputs (Level 3) U.S. Treasury obligations 971,381$ 971,381$ -$ -$ Domestic corporate bonds 1,899,532 - 1,899,532 - Domestic stocks 2,884,196 2,884,196 - - Mortgage backed bonds 1,627,683 - 1,627,683 - Domestic equity mutual funds 7,273,678 7,273,678 - - International equity mutual funds 1,100,426 - - 1,100,426 Real estate 2,887,822 - - 2,887,822 18,644,718$ 11,129,255$ 3,527,215$ 3,988,248$ III.B. Receivables Receivables as of year-end for the City’s governmental, proprietary and internal service funds, including the applicable allowances for uncollectible accounts for the proprietary funds, are segregated on the fund financial statements. Mortgages, Notes, and Other Loans in the amount of $4,539,185 are reported on the Governmental Funds Balance Sheet, net of an allowance for uncollectible accounts in the amount of $12,062,138. The gross receivable of $16,601,323 includes $872,139 of long-term loans receivable that are not expected to be collected within the next fiscal year. Mortgage notes receivable and the related payment history are reviewed individually on an annual basis to determine collectability for allowance and bad debt determinations. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2019 66 Receivables as of year-end for the primary government’s individual major funds, as well as non-major funds and internal service funds in the aggregate, are as follows: Receivables, net of applicable allowances for uncollectible accounts (amounts in thousands): Franchise Accounts Taxes Fees Interest and Contracts Notes Other Total General fund 1,559$ 1,012$ 152$ 595$ -$ 217$ 3,535$ Special Development 43 - 113 - - - 156 Capital Improvement - - - - - 31 31 Non-major governmental funds - - 46 - 16,601 6 16,653 Internal service funds - - 171 - - 144 315 Total governmental 1,602 1,012 482 595 16,601 398 20,690 Less: Allowance for uncollectable accounts (261) - - - (12,062) - (12,323) Net governmental receivables 1,341$ 1,012$ 482$ 595$ 4,539$ 398$ 8,367$ Water and Sewer Utility -$ -$ 235$ 7,505$ -$ 35$ 7,775$ Gas Utility - - 90 3,530 - 34 3,654 Solid Waste and Recycling Utility - - 89 2,190 - - 2,279 Stormwater Utility - - 92 2,130 - 1 2,223 Non-major enterprise funds - - 49 - - 62 111 Total business-type - - 555 15,355 - 132 16,042 Less: Allowance for uncollectable accounts - - - (217) - (217) Net business-type receivables -$ -$ 555$ 15,138$ -$ 132$ 15,825$ III.C. Capital assets Capital asset activity for the year ended September 30, 2019: Beginning Decreases/ Ending Governmental Activities:Balance Increases Transfers Balance Non-depreciable capital assets: Land 87,588,999$ 2,059,795$ (112,600)$ 89,536,194$ Construction in progress 15,046,492 7,522,241 (12,218,502) 10,350,231 Total non-depreciable capital assets 102,635,491 9,582,036 (12,331,102) 99,886,425 Depreciable capital assets: Buildings 165,354,951 6,893,536 (2,457,906) 169,790,581 Improvements other than buildings 39,545,673 4,067,132 - 43,612,805 Machinery and equipment 103,246,599 12,715,913 (5,172,300) 110,790,212 Infrastructure 157,908,742 4,135,361 - 162,044,103 Total depreciable capital assets 466,055,965 27,811,942 (7,630,206) 486,237,701 Less accumulated depreciation for: Buildings (75,039,476) (5,106,108) 1,447,405 (78,698,179) Improvements other than buildings (26,964,822) (2,299,496) 5,348,557 (23,915,761) Machinery and equipment (73,750,443) (10,723,763) 5,118,393 (79,355,813) Infrastructure (104,845,188) (3,289,500) (5,348,557) (113,483,245) Total accumulated depreciation (280,599,929) (21,418,867) 6,565,798 (295,452,998) Net depreciable capital assets 185,456,036 6,393,075 (1,064,408) 190,784,703 Net governmental activities capital assets 288,091,527$ 15,975,111$ (13,395,510)$ 290,671,128$ City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2019 67 Beginning Ending Business-type activities:Balance Increases Decreases Balance Non-depreciable capital assets: Land 31,968,620$ -$ -$ 31,968,620$ Construction in progress 33,483,441 31,876,211 (31,419,260) 33,940,392 Total non-depreciable capital assets 65,452,061 31,876,211 (31,419,260) 65,909,012 Depreciable capital assets: Buildings 47,729,929 17,223,474 - 64,953,403 Improvements other than buildings 671,302,339 26,425,367 - 697,727,706 Machinery and equipment 18,165,194 1,925,721 (669,861) 19,421,054 Total depreciable capital assets 737,197,462 45,574,562 (669,861) 782,102,163 Less accumulated depreciation for: Buildings (11,640,940) (1,555,910) - (13,196,850) Improvements other than buildings (358,464,245) (17,843,111) - (376,307,356) Machinery and equipment (10,229,859) (1,339,791) 669,861 (10,899,789) Total accumulated depreciation (380,335,044) (20,738,812) 669,861 (400,403,995) Net depreciable capital assets 356,862,418 24,835,750 - 381,698,168 Net business-type activities capital assets 422,314,479$ 56,711,961$ (31,419,260)$ 447,607,180$ Depreciation expense was charged to functions / programs of the primary government as follows: Governmental activities: General government 688,397$ Public safety 1,230,096 Transportation, including depreciation on infrastructure assets 4,773,696 Economic environment 38,560 Culture and recreation 5,211,671 Capital assets held by governmental internal service funds are charged to the various functions based on their usage of assets 9,476,447 21,418,867$ Business-type activities: Water and sewer utility 13,134,417$ Gas utility 3,017,424 Solid waste and recycling utility 272,081 Stormwater utility 3,230,137 Marine operations 46,243 Aviation operations 209,698 Parking system operations 492,898 Clearwater Harbor Marina operations 335,914 20,738,812$ City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2019 68 Construction commitments At September 30, 2019, material outstanding construction commitments were as follows: Construction Commitments Project Fund Outstanding Sanitary Sewer Repairs and Replacements Water & Sewer Utility Enterprise Fund 11,956,667$ Solid Waste Transfer Station Solid Waste & Recycling Enterprise Fund 2,596,770 Druid Road/Allen's Creek Stormwater Improvements Stormwater Utility Enterprise Fund 2,313,610 Lift Station 45 Force Main Replacement Water & Sewer Utility Enterprise Fund 1,980,261 Countryside Sports Complex Capital Improvement Fund 1,700,978 Hillcrest Bypass Culvert Stormwater Utility Enterprise Fund 1,620,067 Street Resurfacing Capital Improvement Fund 1,195,533 Sidewalks Capital Improvement Fund 1,001,286 Mandalay Pedestrian Bridge Capital Improvement Fund 724,066 Total Construction Commitments 25,089,238$ III.D. Interfund receivables, payables, and transfers III.D.1. Interfund balances As discussed in Note III.A., individual fund deficits in the consolidated cash pool, if any, have been reclassified as of September 30, 2019, as interfund loans from the Capital Improvement Fund, which was selected by management for this purpose. This reclassification results in a corresponding reduction in the cash equity in the Capital Improvement Fund, offset by an increase in interfund receivables. As of September 30, 2019, there were no funds reporting a cash pool deficit. The amounts of the reclassified cash pool deficits, if any, as well as the current portion of other individual fund interfund payable and receivable balances are classified as Due from/to Other Funds. The long-term portions of other interfund balances are classified as Advances to/from Other Funds. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2019 69 Due from Due to Advances to Advances from Fund Other Funds Other Funds Other Funds Other Funds General Fund -$ 24,113$ -$ 101,471$ Special Revenue Funds: Special Programs Fund - - 325,440 - Community Redevelopment Agency Fund - - - 325,440 Capital Projects Fund: Capital Improvement Fund 849,925 - 3,432,106 - Enterprise Funds: Water & Sewer Fund - 36,875 - 154,801 Solid Waste & Recycling Fund - 397,985 - 3,183,435 Internal Service Funds: Administrative Services Fund - 67,106 - 138,225 Garage Fund - 645,800 - 2,717,657 Central Insurance Fund 321,954 - 2,863,483 - 1,171,879$ 1,171,879$ 6,621,029$ 6,621,029$ Descriptions of interfund loans as of September 30, 2019: An internal loan from the Special Programs special revenue fund to the Community Redevelopment Agency special revenue fund in the amount of $325,440, approved on September 1, 2011, for the environmental cleanup of the Car Pro site in the East Gateway area of the downtown. This loan is interest-free and is to be repaid upon the sale of the developed parcel. Because the first principal payment is not due within one year, this loan is classified as an advance. An internal loan from the Central Insurance Fund to the Solid Waste/Recycling Utility Fund in the amount of $3.5 million, approved November 16, 2017, to partially fund the construction of a Solid Waste Transfer Station. This loan provides for 10 equal payments of $396,812, including interest at 2.35%, beginning September 30, 2019 and ending September 30, 2028. The current portion of this loan ($321,954) is due within one year and is therefore classified as due to/due from other funds, while the long-term portion ($2,863,483) is classified as an advance. An internal loan from the Capital Improvement Fund to the Garage Fund in the amount of $3,363,457 to fund the purchase of vehicles and other equipment. This loan provides for 5 equal payments of $714,414, including interest at 2.04%, beginning May 31, 2020 and ending May 31, 2024. The current portion of this loan ($645,800) is due within one year and is therefore classified as due to/due from other funds, while the long-term portion ($2,717,657) is classified as an advance. An internal loan from the Capital Improvement Fund to the Water & Sewer Utility Fund in the amount of $191,586 to fund the purchase of vehicles and other equipment. This loan provides for 5 equal payments of $40,694, including interest at 2.04%, beginning May 31, 2020 and ending May 31, 2024. The current portion of this loan ($36,785) is due within one year and is therefore classified as due to/due from other funds, while the long-term portion ($154,801) is classified as an advance. An internal loan from the Capital Improvement Fund to the Solid Waste & Recycling Utility Fund in the amount of $395,983 to fund the purchase of vehicles and other equipment. This loan provides for 5 equal payments of $84,109, including interest at 2.04%, beginning May 31, 2020 and ending May 31, 2024. The current portion of this loan ($76,031) is due within one year and is therefore classified as due to/due from other funds, while the long-term portion ($319,952) is classified as an advance. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2019 70 An internal loan from the Capital Improvement Fund to the General Fund in the amount of $125,584 to fund the purchase of vehicles and other equipment. This loan provides for 5 equal payments of $26,675, including interest at 2.04%, beginning May 31, 2020 and ending May 31, 2024. The current portion of this loan ($24,113) is due within one year and is therefore classified as due to/due from other funds, while the long-term portion ($101,471) is classified as an advance. An internal loan from the Capital Improvement Fund to the Administrative Services Fund in the amount of $205,331 to fund the purchase of computers and other equipment. This loan provides for 3 equal payments of $71,172, including interest at 1.98%, beginning May 31, 2020 and ending May 31, 2022. The current portion of this loan ($67,106) is due within one year and is therefore classified as due to/due from other funds, while the long-term portion ($138,225) is classified as an advance. III.D.2. Interfund transfers Transfers are primarily used to 1) transfer revenues that have been collected in the required fund per state law to the funds and activities that state law allows for expenditures; 2) transfer of “payment in lieu of taxes” contributions from the utility funds to the General Fund; 3) transfer funding from governmental funds to debt service and capital improvements funds; and 4) transfer matching funds from the General Fund to various grant programs. Other non-routine interfund transfers occurring during the current fiscal year included: A transfer of $5,239 from Central Insurance Fund to various funds to recognize safety award funding; a transfer of $383,085 from General Fund to Capital Improvement Fund for the City Hall Move project; a transfer of $900,000 from Capital Improvement Fund to Special Development Fund to return infrastructure sales tax revenue because the Crest Lake Park Improvements project will be funded with BP Deepwater Horizon settlement funds instead; a transfer of $35,900 from Special Development Fund to Capital Improvement Fund for the McMullen Tennis Complex project; a transfer of $30,000 from Special Programs Fund to General Fund representing unused funds in the Economic Development Incentives program; a transfer of $62,000 from CRA Fund to General Fund for increased salaries; a transfer of $296,285 from General Fund to CRA Fund for the City’s portion of the TIF; a transfer of $100,000 from General Fund to Capital Improvement Fund for the Sustainability Initiatives project; a transfer of $100,000 from General Fund to Capital Improvement Fund for the Belmont Park Revitalization project; a transfer of $150,000 from General Fund to Capital Improvement Fund for the Environmental Assessment & Cleanup project; a transfer of $1,319,544 from Gas Fund to General Fund for an increase in the gas dividend payment; and a transfer of $100,000 from Special Programs Fund to Capital Improvement Fund for the Police Information Systems project. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2019 71 Interfund transfers for the year ended September 30, 2019 consisted of the following: Transfers to General Fund from: Water & Sewer Utility Enterprise Fund 4,483,280$ Gas Utility Enterprise Fund 3,152,511 Solid Waste & Recycling Utility Enterprise Fund 1,381,640 Stormwater Utility Enterprise Fund 1,021,390 Nonmajor governmental funds 991,516 Nonmajor enterprise funds 871,674 Internal service funds 2,952 Total 11,904,963 Transfers to Special Development Fund from: Capital Improvement Fund 900,000 Transfers to Capital Improvement Fund from: General Fund 11,372,350 Special Development Fund 15,271,030 Nonmajor governmental funds 130,000 Nonmajor enterprise funds 108,238 Total 26,881,618 Transfers to Stormwater Utility Enterprise Fund from: Internal service funds 312 Transfers to Water & Sewer Utility Enterprise Fund from: Internal service funds 1,176 Transfers to Nonmajor governmental funds from: General Fund 2,907,464 Nonmajor governmental funds 3,103,259 Total 6,010,723 Transfer to Nonmajor enterprise funds from: Special Development Fund 240,000 Nonmajor governmental funds 10,000 Internal service funds 167 Total 250,167 Transfers to Internal service funds from: General Fund 2,639,605 Special Development Fund 600,000 Capital Improvement Fund 2,141,511 Water & Sewer Utility Enterprise Fund 868,910 Gas Utility Enterprise Fund 12,129 Stormwater Utility Enterprise Fund 1,244,104 Nonmajor governmental funds 89,937 Nonmajor enterprise funds 39,990 Internal service funds 63,934 Total 7,700,120 Total interfund transfers 53,649,079$ City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2019 72 III.E. Leases The City purchases various equipment for governmental and business-type activities under lease purchase financing agreements. The equipment is purchased with cash and subsequently provided as collateral via a “lease purchase” financing arrangement, typically for a five-year term. Obligations under these lease purchase agreements are recorded at the present value of their future minimum lease payments as of date of inception. Purchase of the assets is recorded as a cash outflow and the subsequent receipt of the financing proceeds is recorded as “proceeds from issuance of debt” for Statement of Cash Flows reporting. Capitalized equipment subject to lease purchase financing as of September 30, 2019: Governmental Business-type Activities Activities Equipment 37,314,895$ 1,598,195$ Less: Accumulated Depreciation (17,808,102) (705,843) Total 19,506,793$ 892,352$ The future minimum lease payments under capital lease purchase agreements are as follows as of September 30, 2019: Governmental Business-type Year Ending Sept. 30 Activities Activities 2020 7,373,184$ 325,738$ 2021 5,223,947 290,351 2022 3,402,884 197,549 2023 1,786,349 46,345 2024 252,658 3,987 18,039,022 863,970 Deduction of the amount of imputed interest necessary to reduce net minimum lease payments to present value 17,470,041$ 837,534$ (568,981) (26,436) The City also leases personal computers under a three-year operating lease that is cancelable on an annual basis. Lease payments for fiscal year ended September 30, 2019, totaled $476,626. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2019 73 III.F. Long-term debt III.F.1. Revenue Bonds $14,810,000 in Spring Training Facility Revenue Bonds, Series 2002; issued to provide a portion of the costs of the acquisition, construction, rehabilitation and equipping of a spring training facility to be used by the Philadelphia Phillies major league baseball team; serial bonds due in annual installments of $805,000 on March 1, 2020, to $295,000 on March 1, 2022, with maximum principal of $845,000 due March 1, 2021; interest at 4.50% to 5.375%; 5.375% term bonds in the amount of $1,730,000 due March 1, 2027; and 5.375% term bonds in the amount of $1,750,000 due March 1, 2031. $5,425,000 Total revenue bonds for governmental activities 5,425,000 $420,000 Water and Sewer Revenue Bonds, Series 2009A; issued to pay the costs of the design, acquisition, construction, or reconstruction of capital improvements to the City’s water and sewer system; serial bonds of $420,000 due December 1, 2019; interest at 5.00%. 420,000 $9,175,000 Water and Sewer Revenue Refunding Bonds, Series 2011; issued to refund and redeem on December 1, 2011 the City’s callable Water and Sewer Revenue Bonds, Series 2002, maturing after December 1, 2011; serial bonds due in annual installments of $1,820,000 on December 1, 2019, to $2,020,000 on December 1, 2021, interest at 5.00%. 5,760,000 $27,520,000 Water and Sewer Revenue Refunding Bond, Series 2014; a direct placement bank loan issued to refund and redeem the outstanding principal of the City’s Water and Sewer Revenue Bonds, Series 2006, maturing on and after December 1, 2019; term bonds due in annual installments of $1,575,000 on December 1, 2019, to $2,305,000 on December 1, 2032; interest at 3.18%. 26,885,000 $69,270,000 Water and Sewer Revenue Refunding Bonds, Series 2017; issued to refund and redeem the outstanding principal of the City’s Water and Sewer Revenue Bonds, Series 2009A, maturing on and after December 1, 2020; term bonds due in annual installments of $670,000 on December 1, 2020, to $9,265,000 on December 1, 2039; interest at 3.50% to 5.00%. 69,270,000 $29,080,000 Water and Sewer Revenue Refunding Bond, Series 2017B; a direct placement bank loan issued to refund and redeem the outstanding principal of the City’s Water and Sewer Revenue Refunding Bonds, Series 2011, maturing on and after December 1, 2022; term bonds due in annual installments of $375,000 on December 1, 2019, to $2,895,000 on December 1, 2032; interest at 2.40%. 29,080,000 $7,365,000 Gas System Revenue Refunding Bond, Series 2013; a direct placement bank loan issued to current refund the City’s callable Gas System Revenue Refunding Bonds, Series 2004, maturing after September 1, 2013; term bonds due in annual installments of $400,000 on September 1, 2020, to $1,520,000 on September 1, 2026; interest at 2.41%. 5,115,000 City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2019 74 $5,405,000 Gas System Revenue Refunding Bond, Series 2014; a direct placement bank loan issued to current refund the City’s callable Gas System Revenue Refunding Bonds, Series 2005, maturing after September 1, 2014; term bonds due in annual installments of $275,000 on September 1, 2020, to $2,040,000 on September 1, 2027; interest at 2.67%. 4,130,000 $19,365,000 Stormwater System Revenue Refunding Bonds, Series 2012, issued to pay and redeem all of the Stormwater Revenue Bonds, Series 2002, currently outstanding; serial bonds due in annual installments of $795,000 on November 1, 2019, to $1,350,000 on November 1, 2032, interest at 2.00% to 5.00%. 14,705,000 $11,025,000 Stormwater System Revenue Refunding Bond, Series 2013; a direct placement bank loan issued to advance refund the City’s callable Stormwater System Revenue Bonds, Series 2004, maturing after November 1, 2014; term bonds due in annual installments of $535,000 on November 1, 2019, to $780,000 on November 1, 2032; interest at 2.98%. 8,965,000 $5,450,000 Stormwater System Revenue Refunding Bond, Series 2014; a direct placement bank loan issued to advance refund the City’s callable Stormwater System Revenue Bonds, Series 2005, maturing after November 1, 2014; term bonds due in annual installments of $335,000 on November 1, 2019, to $435,000 on November 1, 2029; interest at 2.72%. 4,205,000 Total revenue bonds and direct placement bank loans for business-type activities 168,535,000 Total revenue bonds and direct placement bank loans $173,960,000 III.F.2. Restrictive covenants and collateral requirements The Spring Training Facility Revenue Bonds are special, limited obligations of the City, payable solely from and secured by a lien upon and pledge of the (i) payments received by the City from the State of Florida pursuant to Section 212.20, Florida Statutes (State payments); and (ii) payments received by the City from Pinellas County, Florida pursuant to the Interlocal Agreement dated December 1, 2000 (County payments). The pledge of the State Payments and County Payments does not constitute a lien upon any property of the City. Furthermore, neither the City, Pinellas County, the State of Florida, nor any political subdivision thereof has pledged its faith or credit or taxing power to the payment of the bonds. However, the City has pledged, per a municipal bond insurance debt service agreement, to supplement State and County payments on deposit in the Revenue Fund with non-ad valorem City revenues, if necessary, to pay debt service. The Water and Sewer Revenue Bonds, Series 2009A; and the Water and Sewer Revenue Refunding Bonds, Series 2011, Series 2014, Series 2017 and Series 2017B; are limited obligations of the City payable solely from and secured by a lien upon and pledge of the net revenues of the City’s water and sewer system (System). The pledge of the System’s net revenues does not constitute a lien upon any property of the City. The covenants of the ordinances authorizing the bonds include, among other things, an obligation of the City to fix and maintain such rates, and collect such fees, rentals and other charges for the services and facilities of the System and revise the same from time to time whenever necessary, which will provide gross revenues in each fiscal year sufficient to pay the cost of operation and maintenance of the system; one hundred fifteen percent (115%) of the bond service requirement becoming due in such fiscal year on the outstanding bonds; plus one hundred percent (100%) of all reserve and other payments required to be made pursuant to the ordinances authorizing the bonds. The City further covenants that such rates, fees, rentals and other charges will not be reduced so as to render them insufficient to provide gross revenues for such purpose. A Reserve Fund has been funded for the 2009A and 2011 bonds. The Gas System Revenue Refunding Bonds, Series 2013 and Series 2014 are limited obligations of the City payable solely from and secured by a lien upon and pledge of the net revenues of the City’s gas system (System). The pledge of the City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2019 75 System’s net revenues does not constitute a lien upon any property of the City. The covenants of the ordinances authorizing the bonds include, among other things, an obligation of the City to fix, establish, revise from time to time whenever necessary, maintain and collect always, such fees, rates, rentals and other charges for the use of the product, services and facilities of the System which will always provide revenues in each year sufficient to pay, and out of such funds pay, 100% of the cost of operations and maintenance of the System in such year and all reserve and other payments provided for in the ordinances authorizing the bonds, along with one hundred twenty five percent (125%) of the bond service requirement due in such year on all outstanding bonds. The Stormwater Revenue Refunding Bonds, Series 2012, Series 2013 and Series 2014, are limited obligations of the City payable solely from and secured by a lien upon and pledge of the net revenues of the City’s stormwater management system (System). The pledge of the System’s net revenues does not constitute a lien upon any property of the City. The covenants of the ordinances authorizing the bonds include, among other things, an obligation of the City to fix, revise from time to time whenever necessary, and maintain and collect always such fees, rates, rentals and other charges for use of the products, services, and facilities which will always provide net revenues in each year sufficient to pay one hundred fifteen percent (115%) of the bond service requirement becoming due in such fiscal year on the outstanding bonds. The City further covenants that such rates, fees, rentals and other charges will not be reduced so as to render them insufficient to provide revenues for such purpose. Additionally, the covenants of each of the above issues includes a “Reserve Requirement” equal to the lesser of the Maximum Bond Service Requirement for any given year; 125% of the Average Annual Bond Service Requirement; or the largest amount as shall not adversely affect the exclusion of interest on the Bonds from gross income for Federal income tax purposes. A Reserve Fund has been funded for the Series 2012 Bonds. Annual debt service requirements to maturity for revenue bonds and direct placement bank loans are as follows: Year Ending September 30 Principal Interest Principal Interest Principal Interest 2020 805,000$ 260,574$ 3,035,000$ 3,778,075$ 3,495,000$ 2,125,869$ 2021 845,000 219,928 3,405,000 3,633,075 3,360,000 2,026,425 2022 295,000 193,983 3,570,000 3,467,025 3,450,000 1,926,985 2023 310,000 178,719 1,620,000 3,343,669 5,675,000 1,799,344 2024 325,000 161,653 1,705,000 3,262,688 5,810,000 1,642,648 2025-2029 1,925,000 516,671 9,775,000 15,124,894 33,135,000 5,489,945 2030-2034 920,000 49,988 16,705,000 12,725,487 23,455,000 1,305,690 2035-2039 - - 41,075,000 6,197,375 - - 2040-2045 - - 9,265,000 185,300 - - Totals 5,425,000$ 1,581,516$ 90,155,000$ 51,717,588$ 78,380,000$ 16,316,906$ Governmental Activities Revenue Bonds Direct Placement Bank Loans Business-type Activities Revenue Bonds III.F.3. Pledged revenues State of Florida and Pinellas County Payments Pledged: The City has pledged future revenues derived from payments received from the State of Florida pursuant to Section 212.20, Florida Statutes, and payments from Pinellas County, Florida pursuant to an Interlocal Agreement, together with any investment income earned on the revenues, to repay $14.8 million in Spring Training Facility Revenue bonds issued in September 2002. Proceeds from the bonds provided financing for a portion of the costs of the acquisition, construction, rehabilitation, and equipping of a spring training facility to be used by the Philadelphia Phillies major league baseball team. The bonds are payable solely from the State of Florida and Pinellas County, Florida payments and are payable through March 2031. Annual principal and interest payments on the bonds are expected to require less than 100 percent of net revenues. The total principal and interest remaining to be paid on the bonds City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2019 76 is $7,066,516. Principal and interest paid for the current year and total revenue received were $1,062,634 and $1,120,648, respectively. Water and Sewer Utility Net Revenues Pledged: The City has pledged future net revenues of the City of Clearwater, Florida, Water & Sewer Utility, defined as all income or earnings, including any income from the investment of funds, derived by the City from the operation of the utility after deduction of current expenses for the operation, maintenance and repair of the system, but not including reserves for renewals and replacements, for extraordinary repairs or any allowance for depreciation to repay: $67.7 million in Water & Sewer Revenue bonds issued in May 2009. Proceeds from the bonds provided financing for the costs of design, acquisition, construction or reconstruction of capital improvements to the City’s water and sewer system. The bonds are payable solely from the Water and Sewer Utility net revenues and, after a partial refunding in February 2017, are payable through December 2019. $47.0 million in Water and Sewer Revenue Refunding bonds issued in September 2011. Proceeds from the bonds provided financing to refund and redeem the outstanding principal maturing after December 1, 2011 of the City’s Water and Sewer Revenue Bonds, Series 2002. The bonds are payable solely from the Water and Sewer Utility net revenues and, after a partial refunding in September 2017, are payable through December 2021. $27.5 million in Water and Sewer Revenue Refunding bonds issued in December 2014. Proceeds from the bonds provided financing to refund and redeem the outstanding principal maturing on and after December 1, 2019 of the City’s Water and Sewer Revenue Bonds, Series 2006. The bonds are payable solely from the Water and Sewer Utility net revenues and are payable through December 2032. $69.3 million in Water and Sewer Revenue Refunding bonds issued in February 2017. Proceeds from the bonds provided financing to refund and redeem the outstanding principal maturing on or after December 1, 2020 of the City’s Water and Sewer Revenue Bonds, Series 2009A. The bonds are payable solely from the Water and Sewer Utility net revenues and are payable through December 2039. $29.1 million in Water and Sewer Revenue Refunding bonds issued in September 2017. Proceeds from the bonds provided financing to refund and redeem the outstanding principal maturing on or after December 1, 2022 of the City’s Water and Sewer Revenue Refunding Bonds, Series 2011. The bonds are payable solely from the Water and Sewer Utility net revenues and are payable through December 2032. Annual principal and interest payments on the bonds are expected to require less than 85 percent of net revenues. The total principal and interest remaining to be paid on the bonds is $191,446,296. Principal and interest paid for the current year ($12,342,657) required 29.50% of total net revenue ($41,843,387). Stormwater Utility Net Revenues Pledged: The City has pledged future net revenues of the City of Clearwater, Florida, Stormwater Utility defined as all income or earnings, including any income from the investment of funds, derived by the City from the operation of the utility after deduction of current expenses for the operation, maintenance and repair of the system, but not including reserves for renewals and replacements, for extraordinary repairs or any allowance for depreciation to repay: $19.4 million in Stormwater Revenue Refunding bonds issued in February 2012. Proceeds from the bonds provided sufficient funds to be available on March 5, 2012 to pay and redeem the City’s outstanding Stormwater Revenue Bonds, Series 2002. The bonds are payable solely from the Stormwater Utility net revenues and are payable through November 2032. $11.0 million in Stormwater Revenue Refunding bonds issued in June 2013. Proceeds from the bonds provided sufficient funds to pay and redeem the City’s Stormwater Revenue Bonds, Series 2004, maturing after November 1, 2014. The bonds are payable solely from the Stormwater Utility net revenues and are payable through November 2032. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2019 77 $5.4 million in Stormwater Revenue Refunding bonds issued in August 2014. Proceeds from the bonds provided sufficient funds to pay and redeem the City’s Stormwater Revenue Refunding Bonds, Series, 2005, maturing after November 1, 2014. The bonds are payable solely from the Stormwater Utility net revenues and are payable through November 2029. Annual principal and interest payments on the bonds are expected to require less than 60 percent of net revenues. The total principal and interest remaining to be paid on the bonds is $34,586,862. Principal and interest paid for the current year ($2,547,151) required 18.86% of total net revenue ($13,508,657). Gas System Utility Net Revenues Pledged: The City has pledged future net revenues of the City of Clearwater, Florida, Gas System Utility defined as all income or earnings, including any income from the investment of funds, derived by the City from the operation of the utility after deduction of current expenses for the operation, maintenance and repair of the system, but not including reserves for renewals and replacements, for extraordinary repairs or any allowance for depreciation to repay: $7.4 million in Gas System Revenue Refunding Bonds issued in June 2013. Proceeds from the bonds provided financing to refund the outstanding principal of the Gas System Revenue Refunding bonds, Series 2004. The bonds are payable solely from the Gas System Utility net revenues and are payable through September 2026. $5.4 million in Gas System Revenue Refunding Bonds issued in June 2014. Proceeds from the bonds provided financing to refund the outstanding principal of the Gas System Revenue Refunding bonds, Series 2005. The bonds are payable solely from the Gas System Utility net revenues and are payable through September 2027. Annual principal and interest payments on the bonds are expected to require less than 60 percent of net revenues. The total principal and interest remaining to be paid on the bonds is $10,536,335. Principal and interest paid for the current year ($910,137) required 6.01% of total net revenue ($15,142,583). III.F.4. Advance refunding of bonds On February 28, 2017, the City issued at a premium $69,270,000 of Water & Sewer Revenue Refunding Bonds, Series 2017, for the purpose of advance refunding and redeeming on December 1, 2019, $67,295,000 principal of Water & Sewer Revenue Bonds, Series 2009A, maturing on or after December 1, 2020. The net proceeds in the amount of $75,014,549 (after payment of $553,863 plus additional cash of $1,394,248 from released debt service reserve escrow), were deposited into an irrevocable trust with an escrow agent to provide for all future debt service payments on the refunded bonds. The refunding transaction resulted in an aggregate debt service reduction in the amount of $11,505,504 and an economic gain (difference between the present value of the debt service payments on the old and new debt) of $6,335,204. The outstanding principal of the refunded bonds was $67,295,000 at September 30, 2019. On September 21, 2017, the City issued at a discount $29,080,000 of Water & Sewer Revenue Refunding Bonds, Series 2017B, a direct placement bank loan, for the purpose of advance refunding and redeeming on December 1, 2021, $30,465,000 principal of Water & Sewer Revenue Refunding Bonds, Series 2011, maturing on or after December 1, 2022. The net proceeds in the amount of $34,708,045 (after payment of $91,402 plus additional cash of $5,792,147 from released debt service reserve escrow), were deposited into an irrevocable trust with an escrow agent to provide for all future debt service payments on the refunded bonds. The refunding transaction resulted in an aggregate debt service reduction in the amount of $9,757,105 and an economic gain (difference between the present value of the debt service payments on the old and new debt) of $2,336,358. The outstanding principal of the refunded bonds was $30,465,000 at September 30, 2019. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2019 78 A portion of the proceeds of the above-referenced bond issues was deposited into an irrevocable trust with an escrow agent and used to purchase securities of the United States Government and related agencies at various maturities and interest rates sufficient to meet all debt service requirements of the refunded debt. These assets are administered by trustees and are restricted to use for retirement of the refunded debt. The liability for the refunded bonds and the related securities and escrow accounts are not included in the accompanying financial statements as the City defeased its obligation for payment of the refunded debt upon completion of the refunding transactions. III.F. 5. Changes in long-term liabilities Beginning Ending Due Within Balance Additions Reductions Balance One Year Governmental activities: Revenue bonds payable 6,185,000$ -$ (760,000)$ 5,425,000$ 805,000$ Add (subtract) deferred amounts: For issuance premiums (discounts) 87,665 - (14,376) 73,289 - Net revenue bonds payable 6,272,665 - (774,376) 5,498,289 805,000 Direct borrowings (a) 25,210,660 - (7,740,619) 17,470,041 7,075,966 Compensated absences (b) 8,411,744 5,299,638 (4,728,237) 8,983,145 4,612,528 Other postemployment benefits (c) 18,887,201 4,701,637 (779,320) 22,809,518 - Claims payable (d) 10,981,365 15,054,608 (15,877,972) 10,158,001 3,635,901 Governmental activity Long-term liabilities 69,763,635$ 25,055,883$ (29,900,524)$ 64,918,994$ 16,129,395$ Business-type activities: Revenue bonds payable 98,060,000$ -$ (7,905,000)$ 90,155,000$ 3,035,000$ Less deferred amounts: For issuance premiums (discounts) 5,299,606 - (460,406) 4,839,200 - Net revenue bonds payable 103,359,606 - (8,365,406) 94,994,200 3,035,000 Direct placement bank loans (e) 80,045,000 - (1,665,000) 78,380,000 3,495,000 Less deferred amounts: For issuance premiums (discounts) (65,587) - 7,113 (58,474) - Net direct placement bank loans 79,979,413 - (1,657,887) 78,321,526 3,495,000 Direct borrowings (a) 1,149,917 - (312,383) 837,534 311,349 Compensated absences (b) 2,216,861 1,404,649 (1,248,842) 2,372,668 1,218,280 Other postemployment benefits (c) 8,374,927 2,069,412 (343,015) 10,101,324 - Business-type activity Long-term liabilities 195,080,724$ 3,474,061$ (11,927,533)$ 186,627,252$ 8,059,629$ (a) Direct borrowings: On September 19, 2013, City Council approved a Master Lease Purchase Agreement with The Bankcorp Bank d/b/a Mears Motor Leasing (lessor) to finance the acquisition of vehicles and equipment from October 1, 2013 through September 30, 2018. Since the agreement expired at the end of fiscal 2018, there is no remaining line of credit as of September 30, 2019. The vehicles and equipment were purchased by the city with cash and subsequently provided as collateral to the lessor. The city has the option to prepay without any prepayment penalty. In the event that insufficient funds are appropriated in any fiscal year to pay the lease charges, the agreement will terminate on the last day of the fiscal year for which payments were made, and the city will surrender the vehicles and equipment to the lessor. In the event of default, the lessor’s sole remedy is to sue for compensatory damages, which are agreed to be any accrued and unpaid rental payments, provided that the vehicles and equipment are surrendered to the lessor in proper working order. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2019 79 There were no governmental activities lease purchase contract additions during the year, attributed to either governmental funds or internal service funds. The lease purchase contracts reduction of $7,740,619 includes $7,014,290 for internal service funds and $726,329 for governmental funds. (b) Compensated absences are paid by the fund where salaries are incurred, which is primarily the General Fund for governmental activities. (c) Since the OPEB plan’s inception in fiscal 2008, other postemployment benefits costs are allocated to and paid by funds based on their percentage of full-time equivalent employees, which is primarily the General Fund for governmental activities. (d) The Central Insurance Fund, an internal service fund, accrues for estimated claims and pays claims for all departments. (e) Direct placement bank loans outstanding include: $5,115,000 for Gas System Revenue Refunding Bond, Series 2013, and $8,965,000 for Stormwater System Revenue Refunding Bonds, Series 2013, issued by STI Institutional & Governmental, Inc. Net revenues derived by the City from the operation of the respective utility system are pledged as security for the loans. In the event of default as defined in the City’s bond ordinance, the default rate of interest shall be the lesser of the maximum rate permitted by law or 18%. There are no termination or acceleration provisions that have finance-related consequences. $4,130,000 for Gas System Revenue Refunding Bond, Series 2014, and $4,205,000 for Stormwater System Revenue Refunding Bonds, Series 2014, issued by TD Bank, N.A. Net revenues derived by the City from the operations of the respective utility systems are pledged as security for the loans. In the event of default as defined by the City’s bond ordinance, the default rate of interest shall be Prime Rate plus 4%. There are no termination or acceleration provisions that have finance-related consequences. $26,885,000 for Water and Sewer Revenue Refunding Bond, Series 2014, issued by TD Bank, N.A. Net revenues derived by the City from the operation of the City’s water and sewer utility are pledged as security for the loan. In the event of default as defined by the City’s bond ordinance, the default rate of interest shall be Prime Rate plus 6%. There are no termination or acceleration provisions that have finance-related consequences. $29,080,000 for Water and Sewer Revenue Refunding Bond, Series 2017B, issued by Raymond James Capital Funding, Inc. Net revenues derived by the City from the operation of the City’s water and sewer utility are pledged as security for the loan. In the event of default as defined by the City’s bond ordinance, the default rate of interest shall be the greater of (a) Prime Rate plus 3%, (b) the Federal Funds Rate plus 5%, or (c) 7% per annum. There are no termination or acceleration provisions that have finance-related consequences. III.G. Restricted assets Restricted assets are classified as current or noncurrent on the Statement of Net Position based on the underlying liabilities payable from the restricted assets. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2019 80 III.G.1. Water and Sewer Utility Fund Assets in the Water and Sewer Utility Fund restricted for construction include: Sewer Improvement charges, the use of which is restricted by the authorizing ordinance to the construction of additions to the sewer system; assets remaining at September 30, 2019, are: Cash and Investments $2,950,568 Assets of the Water and Sewer Utility Fund restricted under the provisions of the ordinances authorizing the issuance of Water and Sewer Revenue Bonds consisted of the following at September 30, 2019: Water and Sewer Revenue Bonds Debt Service: Cash and Investments 7,605,638 Water and Sewer Revenue Bonds Renewals and Replacements: Cash and Investments 8,215,064 Assets of the Water and Sewer Utility Fund representing Customers' Deposits and therefore restricted, consisting entirely of Cash and Investments at September 30, 2019 3,740,101 Total restricted assets – Water and Sewer Utility Fund $22,511,371 III.G.2. Gas Utility Fund Assets in the Gas Utility Fund restricted under the provisions of the ordinance authorizing the issuance of revenue bonds consisted of the following at September 30, 2019: Gas System Revenue Bonds Debt Service: Cash and Investments $ 75,712 Renewals and Replacements: Cash and Investments 300,000 Assets of the Gas Utility Fund representing Customers' Deposits at September 30, 2019: Cash and Investments 3,323,988 Total restricted assets – Gas Utility Fund $ 3,699,700 III.G.3. Solid Waste & Recycling Utility Fund Restricted assets in the Solid Waste & Recycling Utility Fund represent customer deposits in the amount of $1,194,731 at September 30, 2019, consisting entirely of Cash and Investments. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2019 81 III.G.4. Stormwater Utility Fund Assets restricted under the provisions of the ordinances for the issuance of revenue bonds consisted of the following at September 30, 2019: Stormwater Revenue Refunding Bonds – Series 2012 Debt Service: Cash and Investments $2,325,718 Stormwater Revenue Refunding Bonds – Series 2013 Debt Service: Cash and Investments 601,732 Stormwater Revenue Refunding Bonds – Series 2014 Debt Service: Cash and Investments 354,740 Total restricted assets – Stormwater Utility Fund $ 3,282,190 City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2019 82 II.H. Fund Balance Classification Special Capital Non-Major General Development Improvement Governmental Fund Fund Fund Funds Non Spendable: Inventories 46,897$ -$ -$ -$ Prepaid items 2,480 - - 9,952 Restricted for: General government - - 1,834,873 92,842 Public safety - - 11,940,370 2,129,710 Physical environment - 21,611 2,505,229 698,513 Transportation - 1,712,162 21,498,942 - Economic environment - - - 17,589,006 Human services - - - 428,284 Culture and recreation - 2,032,784 9,670,526 883,361 Infrastructure capital projects - 3,055,689 - - Committed to: General government - - 477,300 412,119 Public safety - - 1,455,427 1,493,472 Physical environment - - 3,585,367 - Transportation - 304,014 1,523,820 9,199 Economic environment - - - 336,822 Human services - - - 1,726 Culture and recreation - - 9,971,666 90,087 Assigned to: General government 154,251 - - 122,000 Public safety 112,186 - - 874,022 Physical environment 30,093 - - 168,503 Transportation 22,725 - - 2,219 Economic environment 36,968 - - 547,363 Human services - - - 103,731 Culture and recreation 95,386 66,463 64,293 56,177 Infrastructure capital projects - 3,823,820 - - Unassigned 38,167,792 - - - Total Fund Balances 38,668,778$ 11,016,543$ 64,527,813$ 26,049,108$ General Fund assigned fund balance ($451,609) relates to encumbrances. In the Special Development Fund, restricted amounts relate to collections from drainage fees ($21,611), sidewalk fees ($219,062), transportation impact fees ($1,303,467), local option gas tax ($189,633), recreation impact fees ($2,032,784), and local infrastructure sales tax ($3,055,689). Committed amounts relate to the portion of property tax revenues that is set aside in the budget process to provide funding for road maintenance projects ($304,014). Assigned amounts relate to interest earned on recreation impact fees ($66,463) and interest earned on local infrastructure sales tax balances ($3,823,820). City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2019 83 Amounts in the Capital Improvement Fund all relate to funding for various capital projects. Significant restrictions in the non-major governmental funds include public safety restrictions for law enforcement programs ($2,101,098) and EMS programs ($28,612); physical environment restrictions for tree replacements ($698,513); economic environment restrictions for economic development programs ($1,087,205), low income housing ($8,693,586) and community redevelopment ($7,808,215); and culture and recreation restrictions for debt service ($740,572), library programs ($129,751), and youth programs ($13,038). Significant commitments include commitments to public safety for police vehicles ($145,307), emergency operations ($1,023,257) and law enforcement programs ($324,908). Assigned amounts relate to interest earned on program balances for general government ($122,000), public safety ($874,022), physical environment ($168,503), transportation ($2,219), economic environment ($343,518), human services ($103,731), and culture and recreation ($56,177). Additional amounts assigned for economic environment purposes are for low income housing ($127,363) and community redevelopment ($76,482). Note IV - Other Information IV.A. Risk management The City is self-insured within certain parameters for losses arising from claims for general liability, auto liability, police professional liability, public official’s liability, property damage, and workers' compensation. Insurance coverage has been maintained by the City to pay for or indemnify the City for losses in excess of certain specific retentions and up to specified maximum limits in the case of claims for liability, property damage, and workers' compensation. The liability excess coverage is $7,000,000 per occurrence ($14,000,000 aggregate) with self-insured retention of $500,000. There is workers’ compensation coverage to the statutory limit, with self-insured retention of $600,000. The property damage excess coverage is $100 million per occurrence, except $60 million for the perils of Named Storm (per occurrence), Flood (annual aggregate) and Earth Movement (annual aggregate) after either a $100,000 self-insured retention for perils other than a named storm or 5% self-insured retention for named storm and High Hazard Flood with a $100,000 minimum and a maximum of $5,000,000 any one occurrence. Settled claims have not exceeded excess coverage in any of the past three years. On October 17, 2012, City Council authorized a partial self-insured funding arrangement with Cigna for health insurance effective for the plan year beginning January 1, 2013. Per this arrangement, the City is self-insured for medical and pharmacy claims up to $250,000 per person per year. The City has purchased stop loss insurance from Cigna which covers 50% of individual claims for any amount of the claim between the amounts of $250,000 and $350,000 and covers 100% of individual claims for any amount of the claim exceeding the amount of $350,000 per person per year. In accordance with the fully insured arrangement between the City and Cigna prior to January 1, 2013, the City has no liability for health insurance claims incurred prior to this date. The City estimates a liability for health insurance claims incurred but not yet paid as of September 30, 2019 in the amount of $1,147,001. The transactions relating to the self-insurance program are accounted for in the Central Insurance Fund, an internal service fund. The billings by the Central Insurance Fund to the various operating funds (the interfund premiums) are based on actuarial estimates of the amounts needed to pay prior and current year claims. The claims liability reported at September 30, 2019, is based on the requirements of GASB Statement No. 10, which requires that a liability for claims be reported if information prior to the issuance of the financial statements indicates that it is probable that a liability has been incurred at the date of the financial statements and the amount of the loss can be reasonably estimated. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2019 84 Changes in the claims liability amounts in fiscal years 2019 and 2018 were: Self Insurance Balance at September 30, 2017 11,090,069$ Current year claims and changes in estimates 16,832,488 Claims paid (16,941,192) Balance at September 30, 2018 10,981,365 Current year claims and changes in estimates 15,054,608 Claims paid (15,877,972) Balance at September 30, 2019 10,158,001$ IV.B. Employee retirement systems and pension plans IV.B.1. Defined benefit pension plans The City contributes to two separate single-employer, self-administered defined benefit pension plans covering approximately three-fourths of all City employees. The Employees' Pension Plan covers all permanent, full-time City employees who successfully pass the required physical examination, except for firefighters employed prior to July 1, 1963, and certain unclassified (primarily managerial) employees. The Firefighters’ Relief and Pension Plan covered eligible firefighters hired prior to July 1, 1963 and is closed to new entrants. As indicated, both plans are self-administered, and the administrative costs of the plans are financed from the respective plan assets. Each pension fund is accounted for as a pension trust fund; therefore, each is accounted for in substantially the same manner as proprietary funds with an economic resources measurement focus and the accrual basis of accounting. Fund assets, primarily investments, are valued at fair value for balance sheet purposes. Investment values are determined using the estimated fair value determined by averaging estimated fair values obtained from three or more nationally recognized brokers. For purposes of measuring the net pension liability (asset), deferred outflows of resources and deferred inflows of resources related to pensions, and pension expense, information about the fiduciary net position of the plans, and additions to/deductions from the plans’ fiduciary net position have been determined on the same basis as they are reported by the plans. For this purpose, benefit payments (including refunds of employee contributions) are recognized when due and payable in accordance with the benefit terms. Detailed information about each plan’s fiduciary net position is available on pages 106-111 and pages 136-137 of this Comprehensive Annual Financial Report. Neither of these plans issues a stand-alone financial report. The Employees' Pension Plan is authorized by and operates under the provisions of Sections 2.391 through 2.428 of the Municipal Code of the City of Clearwater. Sections 2.391 through 2.401 apply to those participants who attained a vested benefit and terminated employment prior to January 1, 2013. Sections 2.410 through 2.428 apply to those participants who are actively employed by the City of Clearwater as of or after January 1, 2013. Plan provisions have been duly approved as required by the voters in referendums. Since the last valuation, there have been no revisions in benefits. The assumed investment rate assumption has been reduced by 0.25% from 7.00% to 6.75%, with further reductions approved for the next three valuations. Assumed rates of salary increase, retirement, withdrawal and disability have also been revised based on the Experience Investigation for the Five Years Ended December 31, 2017, which was approved by the Pension Trustees on January 14, 2019. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2019 85 Management of the Employees’ Pension Plan is vested in the Clearwater City Council, serving as the Pension Trustees. Plan membership/Employees covered by benefit terms. As of the most recent actuarial valuation date, January 1, 2019, the membership of the Employees’ Pension Plan was as follows: Employees' Pension Plan Retirees and beneficiaries currently receiving benefits 1,288 Terminated employees entitled to benefits but not yet receiving them 86 Active employees 1,555 Total number of participants 2,929 Benefits provided. The normal retirement benefit is a monthly benefit equal to 2.75% of average monthly compensation (2.00% for participants in non-hazardous duty hired on or after January 1, 2013) for the highest five of the final ten years of service multiplied by the number of years of service to date of retirement. Eligibility for normal retirement occurs upon completion of 10 years of service and the attainment of age 65, or completion of 20 years of service and the attainment of age 55, or completion of 30 years of service regardless of age, for employees hired before January 1, 2013 who are engaged in non- hazardous duty. For employees hired on or after January 1, 2013 who are engaged in non-hazardous duty, eligibility for normal retirement occurs upon completion of 25 years of service and attainment of age 60 or completion of 10 years of service and attainment of age 65. For those engaged in hazardous duty, eligibility occurs upon completion of 20 years of service or upon completion of 10 years of service and attainment of age 55. For all hazardous duty participants and non-hazardous duty participants eligible to retire as of January 1, 2013, the normal monthly benefit is payable for the life of the participant and will continue, after the participant's death, to be paid at the same amount for 5 years to the surviving spouse; after 5 years, the survivor annuity is reduced to 50% of the original amount and ceases upon death or remarriage of the spouse. For non- hazardous duty participants not eligible to retire as of January 1, 2013, the normal benefit is a monthly annuity paid for the life of the participant. There are several other benefit payment options that are computed to be the actuarial equivalent of the normal benefit. The plan provides for an annual cost of living increase of up to 1.5% for benefits accrued prior to January 1, 2013. For non-hazardous duty members, there is a five-year delay until the cost of living increase is applied to benefits accrued after January 1, 2013, and for hazardous duty members, there is no cost of living increase for benefits accrued after January 1, 2013. The plan also provides for disability and death benefits, vesting after completion of 10 years of service and the refund of employee contributions in case of a non-vested termination. Covered employees in non-hazardous duty and employees in hazardous duty who are eligible to retire as of January 1, 2013 contribute 8% of their compensation. Covered employees in hazardous duty who are not eligible to retire as of January 1, 2013 contribute 10% of their compensation. It is the City's obligation to provide a sufficient additional contribution to maintain the actuarial soundness of the fund but, in any event, not less than 7% of participating employee’s compensation per the ordinance governing the plan. Contributions. Employer contributions are made in equal installments during the first two quarters of the fiscal year based upon the actuarially determined percentage of payroll and the actual payroll payable at the time contributions are made. The minimum required City contribution is 7% of covered payroll. Member contributions are made continuously throughout the year. Investment policy. The Employees’ Pension Plan investment policy was adopted by the Pension Trustees on June 13, 2016. The policy requires an annual review by the Pension Investment Committee with a recommendation to the Pension Trustees to confirm or revise. The following was the Trustees’ adopted asset allocation policy as of September 30, 2019: City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2019 86 The Employees’ Pension Plan has invested in real estate, timber, and infrastructure limited partnership funds. The strategies of these funds are long term and illiquid in nature. As a result, investors are subject to redemption restrictions which generally limit distributions and restrict the ability of limited partners to exit a partnership investment prior to its dissolution. These investments partnerships are valued using their respective net asset value (NAV) and are audited annually. The most significant input into the NAV of such an entity is the fair value of its investment holdings. These holdings are valued by the general partners on a quarterly or semi-annual basis, in conjunction with management and investment advisors, and consultation with valuation specialists. The management assumptions are based upon the nature of the investment and the underlying business. The valuation techniques vary based upon investment type and involve a certain degree of expert judgment. All timber acquisitions are valued per an independent expert third party appraisal within one year of acquisition and similar independent third-party appraisals of fair value are conducted at least every three years thereafter. The infrastructure fund’s assets are valued by international recognized accounting firms and/or internationally recognized appraisal firms (independent appraisers) on a quarterly basis, with the independent appraisers rotated at three-year intervals. Concentrations. As of September 30, 2019, the Employees' Pension Plan held no investments (other than U.S. Government or U.S. Government guaranteed obligations) in any one organization comprising 5% or more of the net position available for benefits. Rate of return. For the fiscal year ended September 30, 2019, the annual money-weighted rate of return on investments of the Employees’ Pension Plan, net of pension plan investment expense, was 5.11%. The money-weighted rate of return expresses investment performance, net of investment expense, adjusted for the changing amounts actually invested. Net pension liability (asset). The components of the net pension liability (asset) of the City for the Employees’ Pension Plan at September 30, 2019, were as follows: Total pension liability 987,830,735$ Plan fiduciary net position 1,064,103,121 City's net pension liability (asset) (76,272,386)$ Plan fiduciary net position as a percentage of 107.72% the total pension liability Asset Class Target Allocation U.S. Large Cap Equities 26.00% U.S. Mid Cap Equities 8.00% U.S. Small Cap Equities 5.00% International Equities 14.00% Emerging Markets Equities 4.00% U.S. Short Term T-Bills 1.00% U.S. Long Term Treasury Bonds 4.00% U.S. Core Fixed Income 13.00% U.S. Investment Grade Corporate Bonds 8.00% U.S. Municipal Bonds 1.00% Global Bonds 1.00% U.S. Private Real Estate and Infrastructure 15.00% 100.00% City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2019 87 The changes in the net pension liability (asset) of the City for the Employees’ Pension Plan for the year ending September 30, 2019 were as follows: Total Pension Plan Fiduciary Net Pension Liability Net Position Liability/(Asset) (a) (b) (a) - (b) Balances at 9/30/2018 939,291,240$ 1,043,759,224$ (104,467,984)$ Changes for the year: Service cost 15,240,018 - 15,240,018 Interest 65,042,520 - 65,042,520 Differences between expected and actual experience (6,533,554) - (6,533,554) Assumption changes 25,495,302 - 25,495,302 Contributions - employer - 10,901,645 (10,901,645) Contributions - employee - 7,326,649 (7,326,649) Contributions - state tax - 12,000 (12,000) Net investment income - 53,143,676 (53,143,676) Benefit payments, including refunds of employee contributions (50,704,791) (50,704,791) - Administrative expense - (335,282) 335,282 Net changes 48,539,495 20,343,897 28,195,598 Balances at 9/30/2019 987,830,735$ 1,064,103,121$ (76,272,386)$ Increase (Decrease) Actuarial assumptions. The total pension liability was determined by an actuarial valuation as of January 1, 2019 (Valuation Date), using the following actuarial assumptions, applied to September 30, 2019 (Measurement Date): Inflation 2.25% Salary increases Hazardous Duty - 4.50% to 7.60%, including 2.25% inflation, based on merit and seniority Non-Hazardous Duty - 2.75% to 6.50%, including 2.25% inflation, based on merit and seniority Investment rate of return 6.75% net of investment expense The actuarial assumptions used in the January 1, 2019 valuation were based on the results of an Experience Investigation for the Five Years Ended December 31, 2017. There were no changes to the plan provisions during the year; however, there were changes to the following actuarial assumptions: The investment return rate was reduced from 7.00% to 6.75%, with further reductions planned for the next three valuations; the inflation rate was reduced from 2.50% to 2.25%; the rate of salary increase was changed from a range of 3.50% to 7.90% (including 2.50% inflation) for both hazardous duty and non-hazardous duty employees, to a range of 4.50% to 7.60% (including 2.25% inflation) for hazardous duty employees and a range of 2.75% to 6.50% (including 2.25% inflation) for non-hazardous duty employees; the rates of retirement were changed from a range of 10% to 100% for hazardous duty employees to a range of 5% to 100%, and from a range of 45% City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2019 88 to 100% for non-hazardous duty employees to a range of 30% to 100%; the rates of separation from active membership were changed from a range of 0% to 12.8% for both males and females in hazardous duty to a range of 1.5% to 8.5% for males and a range of 4% to 20% for females; and changed from a range of 7.5% to 25% to a range of 4.5% to 25% for non- hazardous duty males and changed from a range of 4% to 35% to a range of 6% to 22% for non-hazardous duty females; and the rates of disability were changed from a range of .25% to 1.75% to a range of .25% to 1.50% for hazardous duty males, and from a range of .375% to 2.625% to a range of .50% to 1.50% for hazardous duty females, and from a range of .05% to .67% to a range of .03% to .44% for non-hazardous duty males and females. Long-term expected rate of return. The long-term expected rate of return on investments of the Employees’ Pension Plan was determined using a building-block method in which expected future real rates of return (expected returns, net of pension plan investment expense and inflation) are developed for each major asset class. These real rates of return are combined to produce the long-term expected rate of return by weighting the expected future real rates of return by the target asset allocation percentage and by adding expected inflation. For each major asset class that is included in the pension plan’s target asset allocation as of September 30, 2019, these best estimates are summarized in the following table: Long-Term Expected Asset Class Real Rate of Return U.S. Large Cap Equities 4.75% U.S. Mid Cap Equities 5.00% U.S. Small Cap Equities 5.00% International Equities 4.75% Emerging Markets Equities 5.50% U.S. Short Term T-bills -0.25% U.S. Long Term Treasury Bonds 0.50% U.S. Core Fixed Income 0.75% U.S. Investment Grade Corporate Bonds 1.50% U.S. Municipal Bonds 1.75% Global Bonds -0.50% U.S. Private Real Estate and Infrastructure 3.75% Discount rate. A single discount rate of 6.75% was used to measure the total pension liability. The single discount rate was based on the expected rate of return on pension plan investments of 6.75%. The projection of cash flows used to determine single discount rate assumed that plan member contributions will be made at the current contribution rate and that employer contributions will be made at rates equal to the difference between actuarially determined contribution rates and the member rate. Based on these assumptions, the pension plan’s fiduciary net position was projected to be available to make all projected future benefit payments of current plan members. Therefore, the long-term expected rate of return on pension plan investments was applied to all periods of projected benefit payments to determine the total pension liability. Sensitivity of the net pension liability (asset) to changes in the discount rate. The following presents the Employee Pension Plan’s net pension liability (asset), calculated using a single discount rate of 6.75%, as well as what the plan’s net pension liability (asset) would be if it were calculated using a single discount rate that is one percent lower or one percent higher. 1% Discount Rate 1% Decrease Assumption Increase 5.75% 6.75% 7.75% 49,799,536$ (76,272,386)$ (180,401,754)$ City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2019 89 Pension expense and deferred outflows of resources and deferred inflows of resources related to pensions. For the year ended September 30, 2019, the City recognized pension expense of $4,402,950 for the Employees’ Pension Plan. At September 30, 2019, the City reported deferred outflows of resources and deferred inflows of resources related to pension from the following sources: Deferred Outflows Deferred Inflows Net Deferred Inflows of Resources of Resources of Resources Differences between expected and actual experience 4,912,791$ 7,920,748$ (3,007,957)$ Changes in assumptions 20,085,630 707,237 19,378,393 Net differences between projected and actual earnings on pension plan investments - 24,817,813 (24,817,813) Total 24,998,421$ 33,445,798$ (8,447,377)$ Amounts reported as deferred outflows or resources and deferred inflows on resources related to pensions will be recognized in pension expense as follows: Year ended September 30: 2020 (11,874,809)$ 2021 (5,415,803) 2022 3,129,348 2023 5,713,887 2024 - Thereafter - (8,447,377)$ The Firefighters’ Relief and Pension Plan is authorized and operated under the provisions of Subpart B, Article I (Laws of Florida, Chapter 30658, 1955 and amendments), Sections 1 through 27 of the Municipal Charter and Related Law of the City of Clearwater and Chapter 26, Article III, Sections 26.50 through 26.52 of the Municipal Code of the City of Clearwater. Since the last actuarial valuation as of October 1, 2018, there have been no changes in actuarial assumptions. Management of the Firefighters’ Relief and Pension Plan rests with the Board of Trustees, which consists of the Mayor, the Fire Chief and three members of the Fire Department, which can be either active or retired members of the Firefighters’ Relief and Pension Plan, as stipulated in Chapter 2008-287, Laws of Florida. In the event that no member of the plan is available to stand for election, then a current firefighter of the department below the rank of chief who is willing to serve shall be placed on the ballot. If no one is available to stand for election, or if no one is available to participate in the voting, then members of the Board of Trustees will be appointed by the City Council from membership of the City Council. Plan membership/Employees covered by benefit terms. As of the most recent actuarial valuation date, October 1, 2019, the membership of the Firefighters’ Relief and Pension Plan was as follows: City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2019 90 Firefighters' Relief and Pension Plan Retirees and beneficiaries currently receiving benefits 14 Terminated employees entitled to benefits but not yet receiving them - Active employees - Total number of participants 14 Benefits provided. The normal retirement benefit is a monthly benefit in the amount of 50% of the prevailing wage at the date of retirement of the lowest rank held by the participant during the three years immediately preceding retirement plus 2% of such prevailing wage for each year of service in excess of 20 years up to a maximum of 60%. Participants retiring at the age of 65 years are entitled to a benefit of 60% of the prevailing wage of the lowest rank held by the participant during the three years immediately preceding retirement. The ending rate of pay specified above may not exceed the highest rate of pay for the rank of Captain. Eligibility for normal retirement occurs upon completion of 20 years of service or attainment of age 65. The monthly benefits are payable for the life of the participant and continue, after the participant's death, to be paid to certain eligible surviving beneficiaries at an amount that is one-half of the amount received by the participant. Benefits are also provided for children of the deceased participant who are less than 18 years of age subject to certain limitations as to amount. The plan also provides for disability and death benefits and for vesting upon completion of at least 12 years of service. The plan provides for post-retirement cost of living increases equal to the increase in the prevailing wage for the rank at which the participant retired with a limitation for those retiring on or after January 1, 1972, of 100% of the initial pension benefit for total cost of living increases. Participating employees are required to contribute 6% of their salaries up to the equivalent of the salary of a fireman holding the rank of Captain. Effective with the fiscal year ended September 30, 2007, the Firefighters’ Relief and Pension Plan, with no remaining active members (only retirees), is fully funded per the requirements of the governing Ordinance. The City may elect to contribute should future valuations show an actuarial need for such. Contributions. Effective with the fiscal year ended September 30, 2007, the Firefighters’ Relief and Pension Plan, with no remaining active members (only retirees), was fully funded per the requirements of the governing Ordinance. The City may elect to contribute should future annual valuations show an actuarial need for such. Investment policy. The Firefighters’ Relief and Pension Plan investment policy was adopted on September 28, 2000. It must be reviewed annually by the Board of Trustees. The following was the adopted asset allocation policy as of September 30, 2019: Asset Class Target Allocation Domestic Fixed Income 0 - 70% Pooled Cash 30% - 100% Concentrations. As of September 30, 2019, the Firefighters’ Relief and Pension Plan held no investments (other than U.S. Government or U.S. Government guaranteed obligations) in any one organization comprising 5% or more of the net position available for benefits. Rate of return. For the fiscal year ended September 30, 2019, the annual money-weighted rate of return on investments of the Firefighters’ Relief and Pension Plan, net of pension plan investment expense, was 6.52%. The money-weighted rate of return expresses investment performance, net of investment expense, adjusted for the changing amounts actually invested. Net pension liability (asset). The components of the net pension liability (asset) of the City for the Firefighters’ Relief and Pension Plan at September 30, 2019, were as follows: City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2019 91 Total pension liability 2,354,798$ Plan fiduciary net position 3,598,272 City's net pension liability (asset) (1,243,474)$ Plan fiduciary net position as a percentage of 152.81% the total pension liability The changes in the net pension liability (asset) of the City for the Firefighters’ Relief and Pension Plan for the year ending September 30, 2019 were as follows: Total Pension Plan Fiduciary Net Pension Liability Net Position Liability/(Asset) (a) (b) (a) - (b) Balances at 9/30/2018 2,709,051$ 3,566,898$ (857,847)$ Changes for the year: Service cost - - - Interest 72,699 - 72,699 Differences between expected and actual experience (141,190) - (141,190) Contributions - employer - - - Contributions - employee - - - Net investment income - 319,636 (319,636) Benefit payments, including refunds of employee contributions (285,762) (285,762) - Administrative expense - (2,500) 2,500 Other changes - - - Net changes (354,253) 31,374 (385,627) Balances at 9/30/2019 2,354,798$ 3,598,272$ (1,243,474)$ Increase (Decrease) Actuarial assumptions. The total pension liability was determined by an actuarial valuation as of October 1, 2019 (Valuation Date), using the following actuarial assumptions, applied to September 30, 2019 (Measurement Date): Inflation 2.00% Salary increases N/A Investment rate of return 3.00% net of investment expense Mortality rates for non-disabled males are based on the RP2000 Generational, 10% Annuitant White Collar / 90% Annuitant Blue Collar, Scale BB. Mortality rates for non-disabled females are based on RP2000 Generational, 100% Annuitant White Collar, Scale BB. Mortality rates for disabled males are based on 60% RP2000 Disabled Male setback four years / 40% City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2019 92 Annuitant White Collar with no setback, no projection scale. There is no projection of mortality improvement due to the small number of participants and their advanced age. Long-term expected rate of return. Because the Firefighters’ Relief and Pension Plan is limited to investments in fixed income securities and pooled cash, the long-term expected rate of return will approximate the discount rate of 3.00%. Discount rate. A discount rate of 3.00% was used to measure the total pension liability. The discount rate was based on the actuary’s expectation of future yields and consideration of the City’s projection of future weighted yield based on current asset holdings. Sensitivity of the net pension liability (asset) to changes in the discount rate. The following presents the Firefighters’ Relief and Pension Plan’s net pension liability (asset), calculated using a discount rate of 3.00%, as well as what the plan’s net pension liability (asset) would be if it were calculated using a single discount rate that is one percent lower or one percent higher. 1% Discount Rate 1% Decrease Assumption Increase 2.00% 3.00% 4.00% (1,082,080)$ (1,243,474)$ (1,386,736)$ Pension expense and deferred outflows of resources and deferred inflows of resources related to pensions. For the year ended September 30, 2019, the City recognized pension expense of $0 for the Firefighters’ Relief and Pension Plan as it is a fully funded plan with no active participants. As such, there are no deferred inflows or deferred outflows of resources related to pensions. IV.B.2. Police Supplemental Pension Fund A supplemental defined contribution pension plan exists for all eligible policemen, which is funded by earmarked revenues received from the State and is administered by the Board of the Police Supplemental Pension Plan. The revenues received from the State are allocated among eligible police officers based on the number of days employed as Clearwater Police Officers. These revenues received from the State of Florida “on-behalf” of the City’s employees, which comprise the plan contributions, totaled $1,253,979 for the year ended September 30, 2019, and are obtained from an eighty-five one hundredths of one percent (0.85%) excise tax on the gross receipts from premiums collected on casualty insurance policies covering property within the City's corporate limits. These monies were recognized as General Fund revenues and General Fund police department expenditures in the current year. The current year contributions represent 6.09% of covered employees’ gross payroll. The fair value of cash and investments at September 30, 2019, totaled $20,418,387. The Police Supplemental Pension Fund is authorized by and operates under the provisions of Sections 2.471 through 2.480 of the Municipal Code of the City of Clearwater and Chapter 185 of Florida Statutes. Under the plan provisions, the total monies received during each fiscal year, after payment or provision for all costs and expenses of management and operation of the plan, are allocated to participants based on the total number of shares to which each participant is entitled. Each participant is entitled to one share in the fund for each day of service as a police officer of the City. All police officers, as defined in Section 26.70(g) of the Code of Ordinances of the City of Clearwater, who are elected, appointed, or employed full-time by the City are eligible to participate in the plan. There are no employee contributions to the supplemental plan. Benefits are fully vested for a lump sum distribution after twenty years from the date of hire, with provision for partial vesting after ten or more years under the plan. Accumulated benefits are payable in full in case of death while employed by the City or in case of total and permanent job-related disability. Non-vested participants' account values upon termination of employment during any fiscal year are added to the monies received during that fiscal year for allocation to the remaining participants in the plan based on total days worked. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2019 93 Plan assets, primarily investments, are valued at fair value for balance sheet purposes. Investment values are determined using the estimated fair value determined by averaging estimated fair values obtained from three or more nationally recognized brokers. For the fiscal year ended September 30, 2019, the gross payroll of the covered officers was $20,588,832; the City's total gross payroll for the same period was $99,175,742. Since the entitlement to benefits is based entirely upon the allocation of monies received by the plan to the participants' share accounts, there is no actuarial liability on the part of either the State or the City. IV.B. 3. Firefighters’ Supplemental Pension Fund A supplemental defined contribution pension plan exists for all eligible firefighters, which is funded by earmarked revenues received from the State and is administered by the Board of the Clearwater Firefighters’ Supplemental Pension Plan. The revenues received from the State are allocated among eligible firefighters based on the number of days worked during the previous year. These revenues received from the State of Florida “on-behalf” of the City’s employees, which comprise the plan contributions, amounted to $1,019,436 in the year ended September 30, 2019, and are obtained from a one and eighty- five one hundredths percent (1.85%) excise tax on the gross receipts from premiums collected on property insurance policies covering property within the City's corporate limits. These monies were recognized as General Fund revenues and General Fund fire department expenditures in the current year. The current year contributions represent 6.42% of covered employees’ gross payroll. The fair value of cash and investments at September 30, 2019, totaled $19,326,305. As the plan is described as a money purchase pension plan, whereby contributions are allocated based on the number of days worked during the fiscal year ended September 30, and interest earnings allocated based on the beginning balances in each participant's account, there is no actuarial liability on the part of the State or the City. The Firefighters’ Supplemental Pension Fund is authorized by and operates under the provisions of Sections 2.441 through 2.455 of the Municipal Code of the City of Clearwater and Chapter 175 of Florida Statutes. Eligibility requires two years of credited calendar year service as a firefighter with concurrent participation in the Employees' Pension Plan. There is no employee contribution to the supplemental plan, and benefits are vested for a lump sum distribution at ten years unless there is early retirement, disability or death. Non-vested participants' account values upon termination of employment are reallocated among the remaining participants based on days worked during the previous year. Plan assets, primarily investments, are valued at fair value for balance sheet purposes. Investment values are determined using the estimated fair value determined by averaging estimated fair values obtained from three or more nationally recognized brokers. For the fiscal year ended September 30, 2019, the gross payroll of covered firefighters was $15,868,495; the City's total gross payroll for the same period was $99,175,742. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2019 94 IV.B.4. Pension Plan Financial Statements Separate financial statements are provided in the Notes per the guidance of GASB Statement No. 34 as follows: Statement of Fiduciary Net Position: Defined Benefit Defined Contribution Pension Trust Funds Pension Trust Funds Firefighters' Police Firefighters' Employees' Relief and Supplemental Supplemental Pension Fund Pension Fund Pension Fund Pension Fund ASSETS Cash and cash equivalents $ 2,118,678 $ 1,454,685 $ 11,225 $ - Managed investment accounts, at fair value: Cash and cash equivalents 24,360,444 - 1,289,663 681,587 Government bonds 51,199,849 - - 971,381 Index linked government bonds 3,289,568 - - - Agency bonds 5,086,585 2,118,597 - - Municipal bonds 2,912,685 - - - Domestic corporate bonds 100,760,994 - - 1,899,532 International equity securities 132,135,368 - - - Domestic stocks 396,845,666 - - 2,884,196 Mortgage backed bonds 131,523,612 - - 1,627,683 Asset backed securities 7,801,834 - - - Other/rights/warrants 1,606 - - - Domestic equity mutual funds 47,452,566 - 11,519,721 7,273,678 International equity mutual funds 36,748,733 - 7,609,003 1,100,426 Infrastructure 41,157,478 - - - Real estate 96,371,633 - - 2,887,822 Total managed investment accounts 1,077,648,621 2,118,597 20,418,387 19,326,305 Securities lending collateral 133,322,532 - - - Receivables: Interest and dividends 2,849,401 24,990 1,970 29,992 Unsettled investment sales 6,019,874 - - - Securities lending earnings 35,428 - - - Due from others - - 8,671 - Total receivables 8,904,703 24,990 10,641 29,992 Total assets 1,221,994,534 3,598,272 20,440,253 19,356,297 LIABILITIES Accounts payable 876,322 - 2,732 - Unsettled investment purchases 23,692,559 - - - Obligations under securities lending 133,322,532 - - - Total liabilities 157,891,413 - 2,732 - FIDUCIARY NET POSITION Net position restricted for pensions $ 1,064,103,121 $ 3,598,272 $ 20,437,521 $ 19,356,297 City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2019 95 Statement of Changes in Fiduciary Net Position: Defined Benefit Defined Contribution Pension Trust Funds Pension Trust Funds Firefighters' Police Firefighters' Employees' Relief and Supplemental Supplemental Pension Fund Pension Fund Pension Fund Pension Fund ADDITIONS Contributions: Contributions from employer $ 10,901,645 $ - $ - $ - Contributions from employer - state tax 12,000 - 1,253,979 1,019,436 Contributions from employees 7,326,649 - - - Total contributions 18,240,294 - 1,253,979 1,019,436 Investment income: Net appreciation (depreciation) in fair value of investments 37,182,834 209,493 1,507,738 (295,711) Interest 11,058,783 110,143 - 297,381 Dividends 10,875,743 - 290,256 380,900 59,117,360 319,636 1,797,994 382,570 Less investment expenses: Investment management / custodian fees (6,437,982) - (32,317) (108,316) Net income from investment activities 52,679,378 319,636 1,765,677 274,254 Securities lending income: Gross earnings 3,766,156 - - - Rebate paid (3,052,140) - - - Bank fees (249,718) - - - Net income from securities lending 464,298 - - - Total additions 71,383,970 319,636 3,019,656 1,293,690 DEDUCTIONS Benefits and withdrawal payments: Benefits 49,687,426 285,762 1,026,944 1,499,254 Withdrawal payments 1,017,365 - - - Total benefits and withdrawal payments 50,704,791 285,762 1,026,944 1,499,254 Income (loss) before administrative expenses 20,679,179 33,874 1,992,712 (205,564) Administrative expenses (335,282) (2,500) (17,083) (40,049) Net increase (decrease)20,343,897 31,374 1,975,629 (245,613) Fiduciary net position restricted for pensions Fiduciary net position - beginning 1,043,759,224 3,566,898 18,461,892 19,601,910 Fiduciary net position - ending $ 1,064,103,121 $ 3,598,272 $ 20,437,521 $ 19,356,297 City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2019 96 IV.B.5. 401(a) defined contribution plan For all management employees not covered under either of the defined benefit pension plans, the City provides pension benefits through a 401(a) defined contribution plan. In a defined contribution plan, benefits depend solely on amounts contributed to the plan plus investment earnings. Employees are participants from the date of employment and are fully vested upon enrollment. The plan is totally contributory on the part of the City in an amount equal to 15% of compensation on behalf of the City Manager and the City Attorney and 8% of compensation on behalf of all other management contract employees and Assistant City Attorneys. The City makes bi-weekly contributions to the Trust throughout the plan year to meet its funding obligations under the plan. Plan provisions and contribution requirements are established and may be amended by the City Council. The International City Management Association Retirement Corporation (ICMA-RC), the trustee for the defined annuity, offers participants a variety of investment options. The City’s total gross payroll for the fiscal year ended September 30, 2019 was $99,175,742. The Plan members’ payroll for the same period totaled $5,097,042. The City’s contribution, per the above contribution rates, totaled $432,499. IV.B.6. Deferred compensation plan The City offers its employees a deferred compensation plan created in accordance with Internal Revenue Code Section 457. The plan, available to all City employees, permits them to defer a portion of their salary until future years. Participation in the plan is optional. The deferred compensation is not available to employees until termination, retirement, death, or unforeseeable emergency. Effective January 1, 1997, Federal legislation converted the Section 457 deferred compensation assets from City assets to employee assets. As a result of these changes, plan assets are no longer subject to the claims of the City’s general creditors. Consequently, these assets are no longer reported in the accompanying financial statements, in compliance with GASB Statement No. 32. IV.C. Post-employment Benefits Other Than Pension (OPEB) Plan Description. The City of Clearwater administers a single-employer defined benefit healthcare plan (the “Plan”) that provides medical insurance benefits to its employees and their eligible dependents. Because the City provides a medical plan to active employees of the City and their eligible dependents, the City is also required by Section 112.0801, Florida Statutes, to provide retirees with the opportunity to participate in this Plan. While the City does not directly contribute towards the costs of retiree premiums via an explicit subsidy, the ability of retirees to obtain health insurance coverage at a group rate which includes active employees, constitutes a significant economic benefit to retirees, or an “implicit” subsidy. This implicit subsidy is considered an “other post-employment benefit” (OPEB) obligation of the City. Since the City is currently funding this OPEB obligation on a pay-as-you-go basis, there are no plan assets accumulated in a trust that meets the criteria in paragraph 4 of GASB Statement No. 75. The OPEB expense recognized each fiscal year is equal to the change in the total OPEB liability from the beginning of the year to the end of the year, not including the impact of employer contributions, adjusted for deferred recognition of the liability. Benefits provided. Benefit provisions for the Plan are established by the City Council and may be amended by the City Council. The retirees pay the full group premium amount for health insurance with no explicit subsidy from the City. Additionally, the City provides and pays for $1,000 of term life insurance for retirees who retired before October 1, 2008. The term life insurance benefit provision was also established, and may be amended, by action of the City Council. Contribution rates for the Plan are established on an annual basis by the City Council. Eligible retirees and their covered dependents receiving benefits contribute 100% of their premium costs for health insurance and 0% of the cost for the $1,000 term life insurance. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2019 97 Employees covered by benefit terms. As of September 30, 2019 (measurement date), the following employees were covered by the benefit terms: Inactive plan members or beneficiaries currently receiving benefits 631 Inactive plan members entitled to but not yet receiving benefits75 Active plan members 1,517 Total plan members 2,223 Total OPEB Liability. The City’s total OPEB liability of $32,910,842 was measured as of September 30, 2019 and was determined by an actuarial valuation as of January 1, 2018. Actuarial assumptions and other inputs. The total OPEB liability in the January 1, 2018 actuarial valuation was determined using the following actuarial assumptions and other inputs, applied to all periods included in the measurement, unless otherwise specified: Actuarial cost method Entry age normal Inflation 2.50% Discount rate 2.75% Salary increases 3.5% to 7.9%, depending on service, including inflation Healthcare cost trend rates Based on the Getzen Model, with trend starting at 6.75% and gradually decreasing to an ultimate trend rate of 4.24% plus 0.52% increase for excise tax. The discount rate is based on Fidelity’s “20-Year Municipal GO AA Index” as of the most recent date available on or before the measurement date. Mortality rates are based on the RP-2000 Combined Healthy Participant Mortality Table for active members and the RP- 2000 Mortality Table for Annuitants for non-disabled active members, with mortality improvement projected to all future years from the year 2000 using Projection Scale BB. Rates for Special Risk Class members are a blend of 10% White Collar and 90% Blue Collar (male) and 100% White Collar (female). Rates applicable to members other than Special Risk are a blend of 50% White Collar and 50% Blue Collar (male) and 100% White Collar (female). Mortality rates for impaired (from disability) lives are based on the RP-2000 Disabled Retiree tables and Healthy White Collar tables for males and females. Rates for Special Risk Class members are a blend of 60% Disabled Retiree tables with setback four years (male) and set forward two years (female) and 40% Annuitant While Collar with no setback. Rates applicable to members other than Special Risk have been adjusted to be 100% Disabled Retiree with setback four years (male) and set forward two years (female). These are the same rates currently in use for Regular Class and Special Risk Class members of the Florida Retirement System, and are based on the results of a statewide experience study covering the period 2008 through 2013. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2019 98 The changes in the total OPEB liability for the measurement year ending September 30, 2019 were as follows: Total OPEB Liability Balance at 9/30/2018 27,262,128$ Changes for the year: Service cost 1,677,787 Interest 1,086,906 Changes in benefit terms - Differences between expected and actual experience - Changes in assumptions and other inputs 4,006,356 Benefit payments (1,122,335) Net changes 5,648,714 Balance at 9/30/2019 32,910,842$ Changes in assumptions and other inputs reflect a change in the discount rate from 3.83% at the beginning of the measurement period to 2.75% at the end of the measurement period. Sensitivity of the total OPEB liability to changes in the discount rate. The following presents the City’s total OPEB liability calculated using a discount rate of 2.75%, as well as what the City’s total OPEB liability would be if it were calculated using a discount rate that is one percent lower or one percent higher. 1% Discount Rate 1% Decrease Assumption Increase 1.75% 2.75% 3.75% 36,972,607$ 32,910,842$ 29,378,893$ Sensitivity of the total OPEB liability to changes in the healthcare cost trend rates. The following presents the City’s total OPEB liability calculated using the current healthcare cost trend rate assumption based on the Getzen Model of 6.75% and gradually decreasing to an ultimate trend rate of 4.24% plus 0.52% increase for excise tax, as well as what the City’s total OPEB liability would be if it were calculated using a trend rate that is one percent lower or one percent higher. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2019 99 Current Healthcare 1% Cost Trend Rate 1% Decrease Assumption Increase 28,551,815$ 32,910,842$ 38,186,515$ OPEB expense and deferred outflows of resources and deferred inflows of resources related to OPEB. For the year ended September 30, 2019, the City recognized OPEB expense of $3,244,859. At September 30, 2019, the City reported deferred outflows of resources and deferred inflows of resources related to OPEB from the following sources: Deferred Outflows Deferred Inflows Net Deferred Outflows of Resources of Resources of Resources Changes in assumptions and other inputs 3,360,170$ 697,285$ 2,662,885$ Total 3,360,170$ 697,285$ 2,662,885$ Amounts reported as deferred outflows of resources and deferred inflows of resources related to OPEB will be recognized in OPEB expense as follows: Year ended September 30: 2020 480,166$ 2021 480,166 2022 480,166 2023 480,166 2024 612,981 Thereafter 129,240 2,662,885$ IV.D. Securities lending transactions The City of Clearwater Employees’ Pension Plan participates in securities lending transactions, as authorized by the Pension Trustees on April 14, 2003, via a Securities Lending Authorization Agreement with Northern Trust Company, which is also the pension plan’s custodian. Securities are loaned versus collateral that may include cash, U.S government securities, and irrevocable letters of credit. U.S. government securities are loaned versus collateral at 102% of the market value of the securities plus any accrued interest. Non-U.S. securities are loaned versus collateral at 105% of the market value plus any accrued interest. The Plan’s investment policy places no restrictions on the amount of securities that can be loaned. Non-cash collateral cannot be pledged or sold unless the borrower defaults. All securities loans can be terminated on demand by either the lender or the borrower. The average term for the pension plan’s loans at September 30, 2019 was 52 days. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2019 100 Cash open collateral is invested in a short term investment pool, the Northern Trust Collective SL Core Short Term Investment Fund (CORECOLL). The fund had an average weighted maturity, lower of maturity date or interest reset date, of 32 days, and an average weighted maturity, maturity date, of 85 days, as of September 30, 2019. There were no significant violations of legal or contractual provisions, nor any borrower or lending agent default losses known to the securities lending agent. The Plan did not impose any restrictions on the amount of loans made by Northern Trust during fiscal year 2019. There are no dividends or coupon payments owing on the securities lent. Securities lending earnings are credited to participating clients on approximately the fifteenth day of the following month. Indemnification deals with the situation in which a client's securities are not returned due to the insolvency of a borrower and Northern Trust has failed to live up to its contractual responsibilities relating to the lending of those securities. Northern Trust’s responsibilities include performing appropriate borrower and collateral investment credit analyses, demanding adequate types and levels of collateral, and complying with applicable Department of Labor and Federal Financial Institutions Examination Council regulations concerning securities lending. The following is a summary of securities on loan and their collateral at fair value: Security Type Loaned Securities Cash Collateral Loaned Securities Cash Collateral U.S. Equity 88,390,543$ 90,330,790$ -$ -$ U.S. Corporate Fixed 17,459,264 17,891,693 - - U.S. Government Fixed 24,327,336 24,824,859 - - Global Equities 259,244 275,190 - - Total 130,436,387$ 133,322,532$ -$ -$ Securities Collateralized by Non- CashSecurities Collateralized by Cash On the statement of fiduciary net position, a securities lending asset of $133,322,532 was reported that represents the fair value of the investments made with cash collateral at September 30, 2019. In addition, a securities lending obligation of $133,322,532 was reported that represents the collateral that the City is required to maintain to cover the fair value of the loaned securities. IV.E. Contingencies and commitments Loan Guarantee – Chi Chi Rodriquez Youth Foundation, Inc. On March 30, 1992, the City Council approved a contingent loan guarantee of $1,000,000 on a $2,500,000 note for the Chi Chi Rodriquez Youth Foundation, Inc. The proceeds of the note were used to refinance existing foundation debt incurred to construct a golf course on a parcel of City-owned land. Subsequently, the note was refinanced with Variable Rate Demand Revenue Bonds (Chi Chi Rodriquez Youth Foundation Project), Series 1998, on August 1, 1998. In the event of default, the City is obligated to contribute $1,000,000 out of legally available non-ad valorem revenues. In addition, the City has the option to retire the entire unpaid balance and assume ownership and operation of the golf course facility. City management does not consider it probable that this guarantee will be called, and, accordingly, no amounts have yet been accrued or otherwise recorded in the accompanying financial statements to reflect this possibility. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2019 101 Pollution Remediation Claims Liabilities Pursuant to GASB Statement No. 49, Accounting and Financial Reporting for Pollution Remediation Obligations, the City is required to analyze known polluted sites to determine future component cost outlays, including estimation where required, for pollution remediation. At September 30, 2018, accruals totaled $467,180, consisting of $223,934 for the Harbor Drive Fill Area site, $13,384 for the Joe DiMaggio Sports Complex site, and $229,862 for assessment and remediation at the Gas Plant site (see the Soil and groundwater contamination site note below). During fiscal year 2019 there was an increase to estimates and contractual commitments in the amount of $8,418, and payments totaled $13,260. At September 30, 2019, accruals totaled $462,338, consisting of $220,898 for the Harbor Drive Fill Area site, $6,309 for the Joe DiMaggio Sports Complex site, and $235,131 for assessment and remediation at the Gas Plant site. In addition to the above sites for which accruals exist, the City has 13 other sites that have known contamination from petroleum products, metals, arsenic, chlorine or coal tar. Seven of these sites are on the State of Florida Petroleum Clean- up Program. Site Rehabilitation Completion Orders have been received for the Atrium Hotel site at 1707 North Fort Harrison Avenue, the WPC East Plant at 1341 Gulf to Bay Boulevard, and Lift Station #24 at 1351 Sunset Point Road, so these sites were removed from the list in FY2019. When any of these seven sites will be scheduled for cleanup cannot be determined at this time. They are under monitoring plans or are awaiting responses from the FDEP on data submitted by the City. Any additional cleanup costs for these sites cannot be estimated at this time. On November 19, 2013, the FDEP approved the certification of closure construction completion of the former fill area at Philip Jones Field. However, this site remains on the list as it includes the Harbor Drive Fill Area. Based on groundwater sampling completed in February 2017, and site assessment previously completed for the site, the City believes that no further site assessment is warranted and is working with the FDEP to bring about site closure and develop of long-term monitoring requirements. Soil and groundwater contamination site The City is the owner of property located at 400 North Myrtle Avenue, Clearwater, Pinellas County, Florida ("Property"). The Property occupies approximately six acres and is currently used by the City Gas Division (“CGS”) as its administrative offices and operating facility. The City operated a manufactured gas plant at the Property from approximately 1929 to 1960. Following the discovery in June 1990 of soil and groundwater impacts at the Property allegedly resulting from the prior operation of the manufactured gas plant, the Florida Department of Environmental Protection ("FDEP") directed the City to implement measures to delineate the area and vertical extent of the impacts at the Property and, if necessary, implement appropriate remedial actions. Contamination assessment activities were initiated at the Property in 1995. On April 17, 1996, the City executed an Intergovernmental Agreement with FDEP, governing the scope of assessment and remediation work performed at the Property. The material terms and conditions of the Intergovernmental Agreement require the City to perform contamination assessment activities to delineate the area and vertical extent of soil and groundwater impacts and, if necessary, to remediate such impacts to the extent required by Florida law. Field activities to delineate the extent of impacts were performed from 1995 to 2003. The results of the final field work are presented in a Supplemental Assessment Report dated May 2003, in which the City's consultant concluded that field activities to delineate the extent of soil and groundwater impacts were complete and that a risk assessment should be undertaken to evaluate an appropriate remedy for the reported impacts. By letter dated April 19, 2004, FDEP directed the City to install two additional monitoring wells within the source area on site to delineate the vertical extent of groundwater impacts. The City and FDEP previously discussed the potential harm to the underlying aquifer that may result from the installation of monitoring wells through a source area and the underlying clay confining unit during a meeting with FDEP held on November 29, 2003. Based on the advice of its environmental consultant and other specialists consulted concerning this issue, the City has consistently maintained that the installation of the City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2019 102 additional monitoring wells requested by FDEP will likely provide a pathway for the migration of impacts into the aquifer underlying the clay confining unit that is otherwise not presently impacted by the former operations of the MGP based on existing perimeter monitoring well data. The City responded to the FDEP by letter dated April 29, 2004, requesting that FDEP advise the City whether the directive to install the additional vertical extent wells was deemed by FDEP to be final agency action that would otherwise be subject to review in an administrative proceeding. The City's April 29, 2004 response included a request for an extension of time to file an administrative proceeding in the event that FDEP deemed the April 19, 2004 FDEP communication to be final agency action. During fiscal 2005, the Myrtle Avenue Utility and Roadway Widening project began, requiring extensive dewatering during construction. Consulting, equipment, laboratory, permitting, and labor costs for dewatering in areas where there was suspected or known contamination from the former MGP plant were charged to the City of Clearwater Gas Division. All activities related to the Myrtle Avenue dewatering project were documented in the “Supplemental Site Assessment Report – North Myrtle Ave Roadway Corridor” dated March 2007. On January 17, 2008, FDEP issued a letter to the City stating FDEP was willing to replace the need for additional vertical delineation wells with periodic sampling of existing deep wells, as long as they remain unaffected by the contaminants of concern on the site. In May 2009, FDEP issued a status report on all Manufactured Gas Plant sites in Florida. The report referenced the January 17, 2008 letter and reaffirmed FDEP’s agreement to forego additional on-site vertical delineation if the City continued to monitor the perimeter wells on the facility. On June 22, 2009, the perimeter monitoring wells were tested, and the results were reported to FDEP. On February 3, 2010, FDEP issued a letter that formally accepted Clearwater Gas System’s Contamination Assessment Report (CAR) and required no further site assessment activities. Furthermore, the DEP required CGS to re-sample all monitoring wells on the site within 60 days of the February 3, 2010 letter. In May 2010, CGS issued a Request for Proposal (RFP) to prepare a Feasibility Study, for DEP approval, that would offer a long-term corrective action plan for the gas plant site. Arcadis, Inc. was selected to conduct the Feasibility Study; however, two months into the project the City’s environmental legal counsel recommended an alternate method of site remediation. They proposed that the City work with the University of Waterloo (Canada) to treat the contaminated soils with sodium persulfate, a chemical oxidant, which would stop the off-site groundwater impacts that were experienced on the Pinellas County Health Department site. Chemical oxidation is accepted as a very effective method of dealing with Manufactured Gas Plant residuals. This project was approved by the City Council in January 2011, and was scheduled to last approximately 6 years at an estimated cost of $600,000. In May 2017 it was determined that the University of Waterloo project was not working as originally projected. The sodium persulfate was not oxidizing the source material enough to grant site closure. Therefore, it was determined to abandon the project and look at other remedies for the site. The City’s environmental legal counsel proposed to convert the site to a Brownfield site in order to obtain full site closure. This would be done in conjunction with the site redevelopment of all CGS buildings at 400 North Myrtle Avenue. On December 7, 2018, City Council approved a Brownfield Site Rehabilitation Agreement (BSRA) with the FDEP. Under this agreement, no further active remediation will be required, and the site will be closed with a restrictive covenant to include an impervious cap to address remaining soil contamination at the site and prohibit the withdrawal of groundwater for any purpose within the site property. The groundwater use restriction will also be required to be imposed on the adjacent Pinellas County Health Department property. A Site Environmental Management Plan (“SEMP”) was subsequently created to provide guidance to contractors performing work at the site for encountering, handling and managing contaminated soils. In addition, a Remedial Action Plan (“RAP”) was administered in March 2018, which includes the SEMP, and Engineering Control Maintenance Plan and a Declaration of Restrictive Covenant (“DRC”) that will be required by the FDEP to obtain final site closure. Once the CGS redevelopment project is complete in late 2020, the City will request final site closure. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2019 103 Benefits of closing the site under the Brownfield Program include liability projections to the City as set forth in F.S. Section 376.82(2)(a) and the opportunity for the City to obtain voluntary cleanup tax credits (“VCTC”) for the cost of constructing the impervious cap and completion of site closure activities. For eligible costs recovered by the City through VCTC’s, the City will be able to then sell the VCTC’s on the market. Such sales typically net 80-90% recovery for municipalities taking similar actions. As of September 30, 2019, the City has received $371,763 in tax credits for this project. The City has pursued insurance claims under certain insurance policies covering the Property for the period from June 1961 through July 1986. On September 17, 2001, the City agreed to reduce its claim against Southern American Insurance Company ("SAIC"), the sole remaining excess carrier with the City, at an undiscounted value of $300,000. In December 2007, the liquidator managing the SAIC liquidation made an initial payment to the City in the amount of $96,000. In September 2008, a second distribution payment of $174,000 was issued to the City. Finally, in December 2009, the City received a payment of $30,000 for a total collection amount of $300,000. In total, the City has recovered $787,500 on all outstanding insurance claims. From 1993 through September 30, 2019, the City has spent $1,661,931 on MGP assessment activities, which includes both environmental consultant and legal fees. Contractual Commitment – Water and Sewer Utility Under the terms of a 30-year contract between the City and Pinellas County, which is effective through September 30, 2035, the maximum amount of water available to the City is 15 million gallons per day on an annual average basis with no minimum quantity purchase requirement. Effective October 1, 2018, the rate, which is set by the Pinellas County Board of County Commissioners (BOCC), was $4.1329 per 1,000 gallons. The rate effective October 1, 2019 is $4.1742 per 1,000 gallons. The cost of water purchased from the County during fiscal years 2018 and 2019 was $6,942,125 and $6,384,534 respectively. Grant Revenues During the current fiscal year and prior fiscal years, the City received revenues and contributions related to grants from the State of Florida, the federal government, and other grantors. These grants are for specific purposes and are subject to review and audit by the grantor agencies. Such audits could result in requests for reimbursement for expenditures disallowed under the terms of the grants. Based upon prior experience, City management believes such disallowances, if any, will not be significant. Encumbrances Encumbrance accounting is used in governmental funds to ensure effective budgetary control and accountability and to facilitate effective cash planning and control. At September 30, 2019, encumbrances expected to be honored upon performance by the vendor in the coming year were: General fund 451,609$ Capital Improvement fund 12,678,657 Nonmajor governmental funds 553,837 13,684,103$ Tax Abatements In accordance with Chapter 29, Article VII of the Clearwater Code of Ordinances, Article VII, Section 3 of the Constitution of the State of Florida, and Section 196-1995, Florida Statutes, the City Council may grant Economic Development Ad Valorem Tax Exemptions of up to 75 percent of the assessed value of the qualifying property for up to ten years to new businesses and expansions of existing businesses which create employment opportunities that will benefit the entire community. For the fiscal year ending September 30, 2019, the City abated real and tangible personal property taxes totaling $152,645 under this program, consisting of the following agreements: City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2019 104 A Business Maintenance and Continued Performance Agreement with Skye Lane Properties, LLC dated January 14, 2014, for the relocation of 54 jobs from St. Petersburg, the creation of 11 new jobs, and the investment of $6.1 million in the expansion of the property, including the renovation of the facility, construction of a tri-level parking deck, and the purchase of new furniture, fixtures and equipment. This agreement, which commenced in fiscal 2016, grants an exemption of ad valorem taxes of 75 percent for the first five years and 50 percent for the next five years. In the event of default, Skye Lane Properties, LLC will be subject to the taxes exempted plus annual interest at the maximum rate allowed by law. Tax abatements since inception total $49,613. A Business Maintenance and Continued Performance Agreement with Instrument Transformers, Inc. dated March 10, 2014 and amended February 11, 2016, for the creation of 143 new jobs and the investment of $49 million in the expansion of the Clearwater facility, including the purchase or lease of new equipment. This agreement, which commenced in fiscal 2017, grants an exemption of ad valorem taxes of 75 percent for ten years. In the event of default, Instrument Transformers, Inc. will be subject to the taxes exempted plus annual interest at the maximum rate allowed by law. Tax abatements since inception total $308,658. IV.F. Pending litigation In the normal course of operations, the City is a defendant in various legal actions, the ultimate resolution of which is not expected to have a material effect on the financial statements, other than for amounts that have been reserved and recorded as liabilities in the Central Insurance Fund. IV.G. Conduit debt The City has one issue of conduit debt outstanding as follows: Original Amount Amount Issue Outstanding Outstanding Description / Purpose Amount at 9/30/18 at 9/30/19 Drew Gardens Refunding Bonds / residential rental facility 3,425,000$ 1,525,000$ 1,375,000$ The City issued Mortgage Revenue Refunding Bonds, Series 1992A (FHA Insured Mortgage Loan – Drew Gardens Project), dated August 1, 1992, in the amount of $3,425,000, to provide a portion of the money required to refund a prior issue of the bonds of the Issuer that were issued to provide money to make a mortgage loan insured by the Federal Housing Administration pursuant to Section 221(d)(4) of the National Housing Act of 1934, as amended, to pay the cost of acquiring, constructing, improving and equipping a 180-unit multifamily residential rental housing facility owned by Drew Gardens Associates, Ltd., a Florida limited partnership, and to pay certain costs of the refunding. The bonds are payable solely from and secured by a lien upon and a pledge of the pledged revenues, consisting mainly of the bond proceeds. No additional commitments were extended by the City. At September 30, 2019, the bonds have an aggregate outstanding principal amount payable of $1,375.000. The bonds do not constitute a debt, liability, or obligation of the City of Clearwater, the State of Florida, or any political subdivision thereof and, accordingly, have not been reported in the accompanying financial statements. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2019 105 IV.H. Deepwater Horizon Oil Spill Following the Deepwater Horizon Oil Spill of April 2010, the City incurred reduced revenues that were determined to be directly or indirectly attributed to the oil spill. On July 13, 2015, the City adopted Resolution 15-18 and accepted a full and final settlement of all claims against BP Exploration and Production, Inc. and others in the amount of $6,480,352, net of $1,658,687 attorney’s fees. $6,400,000 of the proceeds have been identified as a funding source for the Crest Lake Park Improvements project, which is accounted for in the Capital Improvement Fund. As of September 30, 2019, $290,066 of the proceeds were expended on this project. The remaining $80,352 was returned to General Fund reserves in fiscal 2019. IV.I. Subsequent Events On November 1, 2019 the city exercised a total early redemption option on the 2014 Stormwater Revenue Refunding Bond, a direct placement bank loan issued by TD Bank. The payout amount consisted of the principal balance of $4,205,000 and accrued interest in the amount of $57,188. On November 21, 2019, City Council adopted Resolution 19-34 authorizing the issuance of not-to-exceed $30 million of City of Clearwater, Florida Non-Ad Valorem Revenue Bonds, Series 2020 (Imagine Clearwater Improvements) to finance and/or reimburse a portion of the costs of acquisition, design, construction, reconstruction, renovation, expansion, improving and equipping the Imagine Clearwater project. The bonds will be issued as covenant to budget and appropriate legally available non-ad valorem revenue bonds (CBA bonds), which are not a traditional revenue pledge but rather a covenant, or “promise”, to budget and appropriate non-ad valorem revenues each budget year, sufficient to pay debt service and other costs of the bonds. On February 6, 2020, City Council adopted Ordinance 9357-20, ratifying the adoption of Resolution 19- 34, and authorizing the issuance of bonds to finance a portion of the costs of the Imagine Clearwater project in accordance with the Clearwater Code of Ordinances. On January 27, 2020, the City issued at a premium $20,430,000 of Water and Sewer Revenue Refunding Bonds, Series 2020, for the purpose of refunding $25,310,000 principal of the Water and Sewer Revenue Refunding Bond, Series 2014, a direct placement bank loan, maturing on December 1, 2032 but subject to optional redemption prior to its maturity date. The refunding transaction, which was predicated on level annual debt service savings with no extension of maturity, resulted in an aggregate debt service reduction in the amount of $3,135,445 and an economic gain (difference between the present value of the debt service payments on the old and new debt) of $2,474,167. The City evaluated its September 30, 2019 financial statements for subsequent events through the date the financial statements were issued. As a result of the spread of COVID-19, economic uncertainties have arisen, which are likely to negatively impact investment balances in the statement of net position and pension trust funds in the statement of fiduciary net position. Other financial impact could occur though such potential impact is unknown at this time. 2019 2018 2017 2016 2015 2014 Total Pension Liability Service Cost $ 15,240,018 $ 15,065,668 14,770,113 $ 15,173,452 $ 14,585,979 $ 14,670,375 Interest on the Total Pension Liability 65,042,520 62,567,359 61,050,474 58,870,815 56,983,247 55,622,257 Difference between Expected and Actual Experience (6,533,554) 6,780,611 (8,071,653) 6,832,090 (3,532,969) (11,230,163) Assumption Changes 25,495,302 - 381,755 (4,748,597) - - Benefit Payments (49,687,426) (46,860,103) (44,490,793) (42,069,828) (39,276,003) (37,118,458) Refunds (1,017,365) (892,181) (1,366,008) (1,060,187) (1,000,827) (1,675,419) Net Change in Total Pension Liability 48,539,495 36,661,354 22,273,888 32,997,745 27,759,427 20,268,592 Total Pension Liability - Beginning 939,291,240 902,629,886 880,355,998 847,358,253 819,598,826 799,330,234 Total Pension Liability - Ending (a)$ 987,830,735 $ 939,291,240 902,629,886 $ 880,355,998 $ 847,358,253 $ 819,598,826 Plan Fiduciary Net Position Contributions - Employer $ 10,901,645 $ 10,650,462 11,898,912 $ 13,178,874 $ 14,923,098 $ 18,860,463 Contributions - Non-Employer Contributing Entity 12,000 12,000 12,000 12,000 12,000 12,000 Contributions - Employee 7,326,649 7,127,965 7,004,943 6,706,567 6,483,666 7,073,440 Net Investment Income 53,143,676 93,775,837 102,284,783 88,501,532 (4,165,092) 82,832,149 Benefit Payments (49,687,426) (46,860,103) (44,490,793) (42,069,828) (39,276,003) (37,118,458) Refunds (1,017,365) (892,181) (1,366,008) (1,060,187) (1,000,827) (1,675,419) Administrative Expense (335,282) (343,115) (295,301) (297,984) (297,942) (175,212) Net Change in Plan Fiduciary Net Position 20,343,897 63,470,865 75,048,536 64,970,974 (23,321,100) 69,808,963 Plan Fiduciary Net Position - Beginning 1,043,759,224 980,288,359 905,239,823 840,268,849 863,589,949 793,780,986 Plan Fiduciary Net Position - Ending (b)$ 1,064,103,121 $ 1,043,759,224 980,288,359 $ 905,239,823 $ 840,268,849 $ 863,589,949 Net Pension Liability/(Asset) - Beginning $ (104,467,984) $ (77,658,473) (24,883,825) $ 7,089,404 $ (43,991,123) $ 5,549,248 Net Pension Liability/(Asset) - Ending (a) - (b)$ (76,272,386) $ (104,467,984) (77,658,473) $ (24,883,825) $ 7,089,404 $ (43,991,123) Plan Fiduciary Net Position as a Percentage of Total Pension Liability/(Asset)107.72% 111.12% 108.60% 102.83% 99.16% 105.37% Covered Payroll $ 82,998,580 $ 80,852,451 79,558,524 $ 76,942,048 $ 74,021,494 $ 75,629,669 Net Pension Liability/(Asset) as a Percentage of Covered Payroll -91.90% -129.21% -97.61% -32.34% 9.58% -58.17% Notes to Schedule: Data unavailable prior to 2014. Schedule of Changes in Net Pension Liability and Related Ratios Page 1 of 6 City of Clearwater, Florida Defined Benefit Pension Plans Required Supplementary Information - Unaudited Employees' Pension Plan 106 2019 2018 2017 2016 2015 2014 Total Pension Liability Interest on the Total Pension Liability $ 72,699 $ 84,902 90,635 $ 99,691 $ 100,650 $ 92,956 Difference between Expected and Actual Experience (141,190) (205,912) 76,981 (296,507) 114,258 (426,528) Assumption Changes - - - 208,676 201,922 - Benefit Payments (285,762) (332,638) (365,154) (423,458) (442,775) (525,760) Other - - - - - 143,654 Net Change in Total Pension Liability (354,253) (453,648) (197,538) (411,598) (25,945) (715,678) Total Pension Liability - Beginning 2,709,051 3,162,699 3,360,237 3,771,835 3,797,780 4,513,458 Total Pension Liability - Ending (a)$ 2,354,798 $ 2,709,051 3,162,699 $ 3,360,237 $ 3,771,835 $ 3,797,780 Plan Fiduciary Net Position Net Investment Income 319,636 59,255 (149,322) 171,674 199,776 169,627 Benefit Payments (285,762) (332,638) (365,154) (423,458) (442,775) (525,760) Administrative Expense (2,500) (2,500) (3,500) (2,758) (2,005) (5,808) Net Change in Plan Fiduciary Net Position 31,374 (275,883) (517,976) (254,542) (245,004) (361,941) Plan Fiduciary Net Position - Beginning 3,566,898 3,842,781 4,360,757 4,615,299 4,860,303 5,222,244 Plan Fiduciary Net Position - Ending (b)$ 3,598,272 $ 3,566,898 3,842,781 $ 4,360,757 $ 4,615,299 $ 4,860,303 Net Pension Liability/(Asset) - Beginning $ (857,847) $ (680,082) (1,000,520) $ (843,464) $ (1,062,523) $ (495,433) Net Pension Liability/(Asset) - Ending (a) - (b)$ (1,243,474) $ (857,847) (680,082) $ (1,000,520) $ (843,464) $ (1,062,523) Plan Fiduciary Net Position as a Percentage of Total Pension Liability/(Asset)152.81% 131.67% 121.50% 129.78% 122.36% 127.98% Covered Payroll N/A N/A N/A N/A N/A N/A Net Pension Liability/(Asset) as a Percentage of Covered Payroll N/A N/A N/A N/A N/A N/A Notes to Schedule: Data unavailable prior to 2014. Schedule of Changes in Net Pension Liability and Related Ratios Page 2 of 6 City of Clearwater, Florida Defined Benefit Pension Plans Required Supplementary Information - Unaudited Firefighters' Relief and Pension Plan 107 Actuarially Contribution Actual Contribution FY Ending Determined Actual Deficiency Covered as a % of September 30 Contribution Contribution (Excess) Payroll Covered Payroll 2014 19,608,078$ 18,872,463$ 1 735,615$ 75,629,669$ 24.95% 2015 10,803,098$ 14,935,098$ (4,132,000)$ 74,021,494$ 2 20.18% 2016 8,767,703$ 13,190,874$ (4,423,171)$ 76,942,048$ 17.14% 2017 8,944,103$ 11,910,912$ (2,966,809)$ 79,558,524$ 14.97% 2018 8,659,427$ 10,662,462$ (2,003,035)$ 80,852,451$ 13.19% 2019 8,813,297$ 10,913,645$ (2,100,348)$ 82,998,580$ 13.15% Valuation Date:January 1, 2018 Notes: Methods and Assumptions Used to Determine Contribution Rates: Actuarial Cost Method Entry Age Normal Amortization Method Level Dollar, Closed Remaining Amortization Period 25 years (longest remaining period); 16 years (single equivalent period) Asset Valuation Method 5-year smoothed market; 20% corridor Inflation 2.50% Salary Increases 3.50% to 7.90% depending on service; including inflation Investment Rate of Return 7.00% Retirement Age Mortality Other Information: Notes Data unavailable prior to 2014. The above assumptions, except the mortality assumption, were last updated for the January 1, 2013 valuation pursuant to an experience study of the 5- year period from January 1, 2007 through January 1, 2012. The mortality assumption was updated effective January 1, 2016 in compliance with Chapter 112.63, Florida Statutes. Hazardous Duty Employees: RP-2000 Mortality Table for Annuitants, with mortality improvements projected to all future years after 2000 using Scale BB. For males, the base mortality rates include a 90% blue collar adjustment and a 10% white collar adjustment. For females, the base mortality rates include a 100% white collar adjustment. These are the same rates used for Special Risk Class members of the Florida Retirement System (FRS) in the July 1, 2017 valuation, as mandated by Chapter 112.63, Florida Statutes. There were no changes in assumptions, methods, or benefit provisions effective with the January 1, 2018 valuation. Schedule of Contributions Employees' Pension Plan 1 A portion of the plan's credit balance was applied to meet the remainder of the actuarially determined contribution for the fiscal year ending September 30, 2014. Notes to Schedule of Contributions Actuarially determined contributions are calculated as of January 1, which is nine months prior to the beginning of the fiscal year in which contributionsare reported. Nonhazardous Duty Employees: RP-2000 Mortality Table for Annuitants, with mortality improvements projected to all future years after 2000 using Scale BB. For males, the base mortality rates include a 50% blue collar adjustment and a 50% white collar adjustment. For females, the base mortality rates include a 100% white collar adjustment. These are the same rates used for Regular Class members of the Florida Retirement System (FRS) in the July 1, 2017 valuation, as mandated by Chapter 112.63, Florida Statutes. Page 3 of 6 City of Clearwater, Florida Defined Benefit Pension Plans Required Supplementary Information - Unaudited Experience-based table of rates that are specific to the employment classification and type of eligibility condition. 2 The definition of Covered Payroll for GASB Statement Nos. 67 and 68 was changed under GASB Statement No. 82 to be the pensionable earnings for members of the Plan. As a result, the Covered Payroll amount previously reported for fiscal year 2015 has been revised to reflect this change. 108 Page 4 of 6 Effective with the fiscal year ended September 30, 2007, the Firefighters' Relief and Pension Plan, with no remaining active members (only retirees), was fully funded per the requirements of the governing Ordinance. The City may elect to contribute should future valuations show an actuarial need for such. Schedule of Contributions Firefighters' Relief and Pension Plan Notes to Schedule of Contributions City of Clearwater, Florida Defined Benefit Pension Plans Required Supplementary Information - Unaudited There have been no employer contributions for the last ten fiscal years. 109 2019 2018 2017 2016 2015 2014 Annual money-weighted rate of return, net of investment expense 5.11% 9.69% 11.28% 10.63% -0.03% 10.90% Note: Data unavailable prior to 2014. Page 5 of 6 Schedule of Investment Returns Employees' Pension Plan City of Clearwater, Florida Defined Benefit Pension Plans Required Supplementary Information - Unaudited 110 2019 2018 2017 2016 2015 2014 Annual money-weighted rate of return, net of investment expense 6.52% 1.82% 4.68% 4.554% 4.315% 3.902% Note: Data unavailable prior to 2014. Page 6 of 6 Schedule of Investment Returns Firefighters' Relief and Pension Plan City of Clearwater, Florida Defined Benefit Pension Plans Required Supplementary Information - Unaudited 111 2019 2018 Total OPEB Liability Service cost $ 1,677,787 $ 1,731,394 Interest 1,086,906 974,551 Changes of benefit terms - - Difference between expected and actual experience - - Changes of assumptions and other inputs 4,006,356 (1,029,325) Benefit payments (1,122,335) (1,054,805) Net Change in Total OPEB Liability 5,648,714 621,815 Total OPEB Liability - Beginning 27,262,128 26,640,313 Total OPEB Liability - Ending $ 32,910,842 $ 27,262,128 Estimated covered-employee payroll $ 95,520,530 $ 92,964,945 Total OPEB liability as a percentage of covered-employee payroll 34.45% 29.33% Valuation Date: January 1, 2018 Measurement Date: September 30, 2019 Roll Forward Procedures: Methods and Assumptions Used to Determine Total OPEB Liability: Actuarial Cost Method Entry Age Normal Inflation 2.50% Discount Rate 2.75% Salary Increases Retirement Age Mortality Healthcare Cost Trend Rates Aging Factors Expenses Other Information: Data unavailable prior to 2018. There we no benefit changes during the year. Changes in assumptions and other inputs include the change in the discount rate from 3.83% as of the beginning of the measurement period to 2.75% as of September 30, 2019. This change is reflected in the Schedule of Changes in Total OPEB Liability. Page 1 of 1 City of Clearwater, Florida Other Post-Employment Benefits Required Supplementary Information - Unaudited The Total OPEB Liability was rolled forward 21 months from the Valuation Date to the Measurement Date using standard actuarial techniques. Salary increase rates used in the January 1, 2018 actuarial valuation of the City's pension plan. Retirement rates used in the January 1, 2018 actuarial valuation of the City's pension plan. Mortality tables used for Regular and Special Risk Class members in the July 1, 2016 actuarial valuation of the Florida Retirement System, based on the results of a statewide experience study covering the period 2008 through 2013 and include generational projections. Based on the Getzen Model, with trend starting at 6.75% and gradually decreasing to an ultimate trend rate of 4.24% plus 0.52% increase for excise tax. Based on the 2013 SOA Study "Health Care Costs - From Birth to Death". Notes to Schedule: Administrative expenses are included in the per capita health costs. 112 113 Nonmajor Governmental Funds Special Revenue Funds Special revenue funds are used to account for specific revenues that are legally restricted to expenditures for particular purposes. Special Programs Fund – to account for grants and contributions, the use of which is restricted for certain programs. Community Redevelopment Agency Fund – to account for receipt, custody, and expenditure of property tax increment funds associated with related redevelopment projects. Local Housing Assistance SHIP Trust Fund – to account for monies allocated to the City under the State Local Housing Assistance SHIP grant program. Pinellas County Local Housing Assistance Trust Fund – to account for monies allocated to the City under the Pinellas County Local Housing Assistance grant program. 114 Debt Service Funds Debt service funds provide separate accounting records for all debt interest, principal, and reserve requirements for general government long-term. Debt of proprietary funds is serviced through restricted accounts maintained within the individual enterprise or internal service fund associated with the debt. Notes and Mortgages Debt Service Fund - to account for the advance monthly accumulation of resources by transfer of General Revenues from the General and Special Revenue Funds and the payment of currently maturing installments of principal and interest on the various note and mortgage obligations of the governmental funds during each fiscal year. Spring Training Facility Revenue Bonds Debt Service Fund – to account for the advance monthly accumulation of resources received from the State of Florida and Pinellas County, and the payment of currently maturing installments of principal and interest each year. 115 Capital Projects Funds Capital projects funds are used to account for resources to be used for the acquisition or construction of major capital improvement projects, other than those financed by proprietary funds. A major capital improvement project is a property acquisition, a major construction undertaking, or a major improvement to an existing facility or property, with a cost greater than $25,000 and a minimum useful life of at least five years. Community Redevelopment Agency Capital Projects Fund – to provide separate accounting records for the acquisition or construction of capital improvement projects for the Clearwater Community Redevelopment Agency. SHIP Pinellas County Community Local Housing Local Housing Special Redevelopment Assistance Assistance Programs Agency Trust Trust Total ASSETS Cash and investments $ 10,378,992 $399,106 $ 795,105 $238,287 $ 11,811,490 Receivables: Accrued interest 24,521 17,495 1,866 546 44,428 Mortgage notes 2,318,845 - 2,056,705 163,635 4,539,185 Other 6,184 - - - 6,184 Due from other governments - grants 1,186,226 - - - 1,186,226 Due from other governments - other 185,006 - - - 185,006 Prepaid items 2,452 - - - 2,452 Advances to other funds 325,440 - - - 325,440 Total assets $ 14,427,666 $416,601 $ 2,853,676 $402,468 $ 18,100,411 LIABILITIES Accounts and contracts payable $ 175,362 $ 43,021 $ 29,114 $ - $ 247,497 Accrued payroll 57,561 140 - - 57,701 Due to other governmental entities 226 48,000 - - 48,226 Unearned revenue 5,208 - - - 5,208 Advances from other funds - 325,440 - - 325,440 Total liabilities 238,357 416,601 29,114 - 684,072 FUND BALANCES Nonspendable 2,452 - - - 2,452 Restricted 10,045,899 - 2,824,562 402,468 13,272,929 Committed 2,343,425 - - - 2,343,425 Assigned 1,797,533 - - - 1,797,533 Total fund balances 14,189,309 - 2,824,562 402,468 17,416,339 Total liabilities and fund balances $ 14,427,666 $416,601 $ 2,853,676 $402,468 $ 18,100,411 The notes to the financial statements are an integral part of this statement. Special Revenue Funds City of Clearwater, Florida Combining Balance Sheet Nonmajor Governmental Funds September 30, 2019 116 Capital Spring Project Training Fund Total Notes Facility Community Nonmajor and Revenue Redevelopment Governmental Mortgages Bonds Total Agency Funds $- $739,058 $ 739,058 $ 7,894,174 $ 20,444,722 - 1,514 1,514 - 45,942 - - - - 4,539,185 - - - - 6,184 - - - - 1,186,226 - - - - 185,006 - - - 7,500 9,952 - - - - 325,440 $- $740,572 $ 740,572 $ 7,901,674 $ 26,742,657 $- $ - $ - $ 7,141 $254,638 - - - 2,336 60,037 - - - - 48,226 - - - - 5,208 - - - - 325,440 - - - 9,477 693,549 - - - 7,500 9,952 - 740,572 740,572 7,808,215 21,821,716 - - - - 2,343,425 - - - 76,482 1,874,015 - 740,572 740,572 7,892,197 26,049,108 $- $740,572 $ 740,572 $ 7,901,674 $ 26,742,657 Debt Service Funds 117 SHIP Pinellas County Community Local Housing Local Housing Special Redevelopment Assistance Assistance Programs Agency Trust Trust Total REVENUES Intergovernmental: Federal $ 1,051,534 $ - $ - $ - $ 1,051,534 State 1,375,555 - 156,785 - 1,532,340 Local 400,093 1,877,440 - - 2,277,533 Charges for services 1,623,499 - - - 1,623,499 Fines and forfeitures 723,616 - - - 723,616 Investment earnings (loss): Interest 249,347 205,867 26,189 8,245 489,648 Net appreciation (depreciation) in fair value 263,733 147,437 15,666 5,934 432,770 Total investment earnings (loss) 513,080 353,304 41,855 14,179 922,418 Miscellaneous 845,133 71,144 58,695 4,098 979,070 Total revenues 6,532,510 2,301,888 257,335 18,277 9,110,010 EXPENDITURES Current: General government 2,152,243 - - - 2,152,243 Public safety 2,483,262 - - - 2,483,262 Physical environment 35,509 - - - 35,509 Transportation 37,081 - - - 37,081 Economic environment 732,311 546,236 198,077 - 1,476,624 Human services 400,304 - - - 400,304 Culture and recreation 1,244,494 - - - 1,244,494 Debt service: Principal - - - - - Interest & fiscal charges - - - - - Capital outlay 18,688 - - - 18,688 Total expenditures 7,103,892 546,236 198,077 - 7,848,205 Excess (deficiency) of revenues over (under) expenditures (571,382) 1,755,652 59,258 18,277 1,261,805 OTHER FINANCING SOURCES (USES) Transfers in 357,110 1,779,126 - - 2,136,236 Transfers out (516,688) (3,570,708) (61,036) - (4,148,432) Total other financing sources (uses) (159,578) (1,791,582) (61,036) - (2,012,196) Net change in fund balances (730,960) (35,930) (1,778) 18,277 (750,391) Fund balances - beginning 14,920,269 35,930 2,826,340 384,191 18,166,730 Fund balances - ending $ 14,189,309 $ - $ 2,824,562 $ 402,468 $ 17,416,339 The notes to the financial statements are an integral part of this statement. Special Revenue Funds City of Clearwater, Florida Combining Statement of Revenues, Expenditures, and Changes in Fund Balances Nonmajor Governmental Funds For the Year Ended September 30, 2019 118 Spring Training Fund Total Notes Facility Community Nonmajor and Revenue Redevelopment Governmental Mortgages Bonds Total Agency Funds $- $ - $ - $ - $ 1,051,534 - 500,004 500,004 - 2,032,344 - 587,650 587,650 54,400 2,919,583 - - - - 1,623,499 - - - - 723,616 - 14,451 14,451 - 504,099 - 18,543 18,543 - 451,313 - 32,994 32,994 - 955,412 - - - - 979,070 - 1,120,648 1,120,648 54,400 10,285,058 - - - - 2,152,243 - - - - 2,483,262 - - - - 35,509 - - - - 37,081 - - - 1,205,309 2,681,933 - - - - 400,304 - - - - 1,244,494 726,329 760,000 1,486,329 - 1,486,329 44,899 303,129 348,028 - 348,028 - - - 529,565 548,253 771,228 1,063,129 1,834,357 1,734,874 11,417,436 (771,228) 57,519 (713,709) (1,680,474) (1,132,378) 771,228 - 771,228 3,103,259 6,010,723 - - - (176,280) (4,324,712) 771,228 - 771,228 2,926,979 1,686,011 - 57,519 57,519 1,246,505 553,633 - 683,053 683,053 6,645,692 25,495,475 $- $ 740,572 $ 740,572 $ 7,892,197 $ 26,049,108 Capital Debt Service Funds Project 119 120 This Page Intentionally Left Blank Variance with Final Budget Actual Positive Original Final Amounts (Negative) REVENUES Intergovernmental - Local $ 1,877,022 $ 1,877,440 $ 1,877,440 $ - Investment earnings (loss): Interest 50,000 199,850 205,867 6,017 Net appreciation (depreciation) in fair value - - 147,437 147,437 Total investment earnings (loss 50,000 199,850 353,304 153,454 Miscellaneous 71,026 71,026 71,144 118 Total revenues 1,998,048 2,148,316 2,301,888 153,572 EXPENDITURES Current - Economic environment 604,371 581,789 546,236 35,553 Total expenditures 604,371 581,789 546,236 35,553 Excess of revenues over expenditures 1,393,677 1,566,527 1,755,652 189,125 OTHER FINANCING SOURCES (USES) Transfers in 1,539,879 1,779,126 1,779,126 - Transfers out (2,933,556) (3,345,653) (3,570,708) (225,055) Total other financing sources (uses) (1,393,677) (1,566,527) (1,791,582) (225,055) Excess (deficiency) of revenues and other sources over (under) expenditures and other uses - - (35,930) (35,930) Fund balances - beginning - - 35,930 35,930 Fund balances - ending $ - $ - $ - $ - The notes to the financial statements are an integral part of this statement. For the Year Ended September 30, 2019 Budgeted Amounts City of Clearwater, Florida Schedule of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual (GAAP Basis) Community Redevelopment Agency 121 122 This Page Intentionally Left Blank 123 Nonmajor Enterprise Funds Enterprise funds are used to account for the financing, acquisition, operation, and maintenance of governmental facilities that are supported primarily by user charges. Marine Operations Fund - to account for the financing, operation, and maintenance of the City’s marine operations (excluding the downtown boat slips) and associated real property from rents collected from users. Aviation Operations Fund - to account for the financing, operation, and maintenance of the City’s airpark operations from rents collected from users. Parking System Fund - to account for the financing, construction, operation and maintenance of the City's parking system, including on- and off-street parking on Clearwater Beach and Downtown Clearwater, from parking charges. Clearwater Harbor Marina Fund - to account for the financing, operation, and maintenance of the City’s downtown boat slips from boat slip rentals. Marine Aviation Parking Clearwater Operations Operations System Harbor Marina Total ASSETS Current assets: Cash and investments $ 3,482,353 $ 949,442 $ 17,957,948 $ 2,154,440 $ 24,544,183 Accrued interest receivable 6,238 1,761 36,209 4,368 48,576 Other receivables - - 62,238 - 62,238 Due from other governmental entities - 14,906 24,013 - 38,919 Inventories, at cost 40,550 - - - 40,550 Total current assets 3,529,141 966,109 18,080,408 2,158,808 24,734,466 Noncurrent assets: Net pension asset 417,210 28,984 856,539 78,561 1,381,294 Capital assets: Land and other nondepreciable assets 670,086 1,401,500 874,656 - 2,946,242 Capital assets, net of accumulated depreciation 393,073 3,359,884 12,949,553 10,138,368 26,840,878 Total noncurrent assets 1,480,369 4,790,368 14,680,748 10,216,929 31,168,414 Total assets 5,009,510 5,756,477 32,761,156 12,375,737 55,902,880 DEFERRED OUTFLOWS OF RESOURCES Deferred outflows - pension 136,741 9,499 280,732 25,748 452,720 Deferred outflows - other postemployment benefits 34,610 2,923 82,055 11,525 131,113 Total deferred outflows of resources 171,351 12,422 362,787 37,273 583,833 LIABILITIES Current liabilities: Accounts and contracts payable 113,543 20,588 126,135 12,678 272,944 Accrued payroll 32,295 1,832 55,459 7,046 96,632 Accrued interest payable - 58 58 Deposits 41,029 - 5,798 43,092 89,919 Unearned revenue and liens - - 17,487 - 17,487 Current portion of long-term liabilities: Compensated absences 37,408 2,823 37,407 6,622 84,260 Capital lease purchases payable - - 4,115 - 4,115 Total current liabilities 224,275 25,243 246,459 69,438 565,415 Noncurrent liabilities: Compensated absences 35,447 2,675 35,446 6,274 79,842 Other postemployment benefits 338,982 28,632 803,683 112,884 1,284,181 Capital lease purchases payable - - 7,401 - 7,401 Total noncurrent liabilities 374,429 31,307 846,530 119,158 1,371,424 Total liabilities 598,704 56,550 1,092,989 188,596 1,936,839 DEFERRED INFLOWS OF RESOURCES Deferred inflows - pension 182,949 12,709 375,596 34,449 605,703 Deferred inflows - other postemployment benefits 7,182 607 17,028 2,392 27,209 Total deferred inflows of resources 190,131 13,316 392,624 36,841 632,912 NET POSITION Net investment in capital assets 1,063,159 4,761,384 13,812,693 10,138,368 29,775,604 Restricted for: Pensions 417,210 28,984 856,539 78,561 1,381,294 Unrestricted 2,911,657 908,665 16,969,098 1,970,644 22,760,064 Total net position $ 4,392,026 $ 5,699,033 $ 31,638,330 $ 12,187,573 $ 53,916,962 The notes to the financial statements are an integral part of this statement. City of Clearwater, Florida Combining Statement of Net Position Nonmajor Enterprise Funds September 30, 2019 124 Marine Aviation Parking Clearwater Operations Operations System Harbor Marina Totals Operating revenues: Sales to customers $ 2,977,300 $ 18,277 $ 6,228,640 $ 686 $ 9,224,903 User charges to customers 213,672 - - 24,063 237,735 Rentals 1,847,908 304,249 - 800,205 2,952,362 Other 245,433 44 923,706 25,442 1,194,625 Total operating revenues 5,284,313 322,570 7,152,346 850,396 13,609,625 Operating expenses: Personal services 1,083,580 68,818 1,834,895 248,144 3,235,437 Purchases for resale 2,002,134 - - 594 2,002,728 Operating materials and supplies 74,358 15,589 78,118 40,950 209,015 Transportation 14,318 5,947 143,203 7,373 170,841 Utility service 400,592 42,707 53,188 68,394 564,881 Depreciation 46,243 209,698 492,898 335,914 1,084,753 Interfund administrative charges 197,285 87,720 1,078,980 121,980 1,485,965 Other current charges: Professional fees 96,888 52,737 390,308 41,833 581,766 Advertising 51 - - 1,369 1,420 Communications 29,402 - 48,910 602 78,914 Printing and binding 602 - 16,426 64 17,092 Insurance 73,380 9,700 86,550 39,480 209,110 Repairs and maintenance 34,117 5,101 176,833 4,290 220,341 Rentals 2,648 - 40,331 - 42,979 Miscellaneous 120,150 1,554 578,855 11,452 712,011 Data processing charges 46,630 4,000 102,020 9,840 162,490 Taxes 23,801 - - - 23,801 Total other current charges 427,669 73,092 1,440,233 108,930 2,049,924 Total operating expenses 4,246,179 503,571 5,121,515 932,279 10,803,544 Operating income (loss) 1,038,134 (181,001) 2,030,831 (81,883) 2,806,081 Nonoperating revenues (expenses): Investment earnings (loss): Interest 71,145 21,245 690,909 46,121 829,420 Net appreciation (depreciation) in fair value 37,681 13,451 (338) 37,922 88,716 Total investment earnings (loss) 108,826 34,696 690,571 84,043 918,136 Income (loss) before contributions and transfers 1,146,960 (146,305) 2,721,402 2,160 3,724,217 Capital grants and contributions 2,361 28,414 - - 30,775 Transfers in 10,000 240,000 167 - 250,167 Transfers out (244,450) (17,100) (714,392) (43,960) (1,019,902) Change in net position 914,871 105,009 2,007,177 (41,800) 2,985,257 Net position - beginning 3,477,155 5,594,024 29,631,153 12,229,373 50,931,705 Net position - ending $ 4,392,026 $ 5,699,033 $ 31,638,330 $ 12,187,573 $ 53,916,962 The notes to the financial statements are an integral part of this statement. City of Clearwater, Florida Combining Statement of Revenues, Expenses, and Changes in Net Position Nonmajor Enterprise Funds For the Year Ended September 30, 2019 125 Marine Aviation Parking Clearwater Operations Operations System Harbor Marina Totals CASH FLOWS FROM OPERATING ACTIVITIES Cash received from customers $ 5,278,287 $322,570 $ 7,090,128 $854,120 $ 13,545,105 Cash payments to suppliers (2,746,721) (101,484) (1,264,128) (153,517) (4,265,850) Cash payments to employees (1,063,856) (64,876) (1,934,150) (251,567) (3,314,449) Cash payments to other funds (401,255) (113,148) (1,553,324) (186,855) (2,254,582) Net cash provided by operating activities 1,066,455 43,062 2,338,526 262,181 3,710,224 CASH FLOWS FROM NONCAPITAL FINANCING ACTIVITIES Transfers from other funds 10,000 240,000 167 - 250,167 Transfers to other funds (244,450) (17,100) (714,392) (43,960) (1,019,902) Net cash provided (used) by noncapital financing activities CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES Principal payments on debt - - (4,033) - (4,033) Interest paid - - (280) - (280) Acquisition of capital assets - - (30,237) - (30,237) Capital contributed by other governmental entities 2,361 29,400 - - 31,761 Net cash provided (used) by capital and related financing activities 2,361 29,400 (34,550) - (2,789) CASH FLOWS FROM INVESTING ACTIVITIES Interest received 107,943 35,015 729,736 85,329 958,023 Net cash provided by investing activities 107,943 35,015 729,736 85,329 958,023 Net increase in cash and cash equivalents 942,309 330,377 2,319,487 303,550 3,895,723 Cash and cash equivalents at beginning of year 2,540,044 619,065 15,638,461 1,850,890 20,648,460 Cash and cash equivalents at end of year $ 3,482,353 $949,442 $ 17,957,948 $ 2,154,440 $ 24,544,183 Cash and cash equivalents classified as: Cash and investments $ 3,482,353 $949,442 $ 17,957,948 $ 2,154,440 $ 24,544,183 Total cash and cash equivalents $ 3,482,353 $949,442 $ 17,957,948 $ 2,154,440 $ 24,544,183 The notes to the financial statements are an integral part of this statement. City of Clearwater, Florida Combining Statement of Cash Flows Nonmajor Enterprise Funds For the Year Ended September 30, 2019 (234,450) 222,900 (714,225) (43,960) (769,735) 126 Marine Aviation Parking Clearwater Operations Operations System Harbor Marina Totals City of Clearwater, Florida Combining Statement of Cash Flows Nonmajor Enterprise Funds For the Year Ended September 30, 2019 Reconciliation of operating income (loss) to net cash provided (used) by operating activities: Operating income (loss) $ 1,038,134 $ (181,001) $ 2,030,831 $ (81,883) $ 2,806,081 Adjustments to reconcile operating income (loss) to net cash provided (used) by operating activities: Depreciation 46,243 209,698 492,898 335,914 1,084,753 Change in assets, deferred outflows, liabilities and deferred inflows: (Increase) decrease in accounts receivable - - (62,238) - (62,238) (Increase) decrease in due from other governments - - (24,013) - (24,013) (Increase) decrease in inventory (3,533) - - - (3,533) (Increase) decrease in prepaid expenses - - 120 - 120 (Increase) decrease in net pension asset 192,883 11,759 136,952 27,996 369,590 (Increase) decrease in deferred outflows (124,486) (9,292) (286,470) (29,088) (449,336) Increase (decrease) in accounts and contracts payable (28,087) 10,423 163 7,849 (9,652) Increase (decrease) in accrued payroll 6,571 862 28,331 3,085 38,849 Increase (decrease) in deposits (6,026) - 20 3,724 (2,282) Increase (decrease) in unearned revenue - - - - - Increase (decrease) in other postemployment benefits 62,271 7,913 137,124 13,105 220,413 Increase (decrease) in deferred inflows (117,515) (7,300) (115,192) (18,521) (258,528) Total adjustments 28,321 224,063 307,695 344,064 904,143 Net cash provided by operating activities $ 1,066,455 $ 43,062 $ 2,338,526 $262,181 $ 3,710,224 127 128 This Page Intentionally Left Blank 129 Internal Service Funds Internal service funds are used to account for services and commodities furnished by a designated department to other departments within the City or to other governments on a cost reimbursement basis. Garage Fund - to account for the cost of automotive and other motorized equipment of the City. The acquisition cost of new or upgraded equipment is financed through user departments and the asset value is simultaneously contributed to the Garage Fund. The cost of replacement of existing equipment is financed by the Garage Fund. Administrative Services Fund - to account for various support activities including information technology, printing, mailing, and telephone services. The cost for these services is charged to user departments based on the cost of providing units of service. General Services Fund - to account for various support activities including building maintenance and custodial services for all City departments and facilities. The cost for these services is charged to user departments based on the cost of providing units of service. Central Insurance Fund - to account for the City's limited self-insurance program wherein all funds are assessed charges based on damage claims incurred and on management's assessment of individual funds' risk exposure. All claims and premiums are paid out of this fund, together with other costs necessary to administer the program. Medical self-insurance costs and employee health clinic operating expenses are also paid from this fund. Administrative General Central Garage Services Services Insurance Total ASSETS Current assets: Cash and investments $ 12,241,210 $ 12,042,748 $ 9,723,833 $ 48,067,686 $ 82,075,477 Accrued interest receivable 25,397 24,591 20,877 99,519 170,384 Other receivables 5,163 - - 139,029 144,192 Due from other funds - - - 321,954 321,954 Due from other governmental entities - - - 48,205 48,205 Inventories, at cost 389,012 - - - 389,012 Prepaid expenses and other assets - 940 - 2,073,160 2,074,100 Total current assets 12,660,782 12,068,279 9,744,710 50,749,553 85,223,324 Noncurrent assets: Advances to other funds - - - 2,863,483 2,863,483 Net pension asset 1,398,073 3,265,984 1,216,545 181,528 6,062,130 Capital assets: Land and other nondepreciable assets 729,591 167,815 - - 897,406 Capital assets, net of accumulated depreciation 26,783,518 3,027,964 286,099 1,461 30,099,042 Total noncurrent assets 28,911,182 6,461,763 1,502,644 3,046,472 39,922,061 Total assets 41,571,964 18,530,042 11,247,354 53,796,025 125,145,385 DEFERRED OUTFLOWS OF RESOURCES Deferred outflows - pension 458,221 1,070,432 398,725 59,496 1,986,874 Deferred outflows - other postemployment benefits 67,775 142,505 62,835 11,895 285,010 Total deferred outflows of resources 525,996 1,212,937 461,560 71,391 2,271,884 LIABILITIES Current liabilities: Accounts and contracts payable 515,439 1,107,426 839,118 185,516 2,647,499 Accrued payroll 65,793 146,522 61,012 13,267 286,594 Accrued interest payable 96,700 4,223 156 - 101,079 Unearned revenue 191,417 - - - 191,417 Current portion of long-term liabilities: Compensated absences 65,829 330,622 74,972 7,228 478,651 Capital lease purchases payable 6,219,727 242,251 7,094 - 6,469,072 Due to other funds 645,800 67,106 - - 712,906 Claims payable - - - 3,635,901 3,635,901 Total current liabilities (payable from current assets) 7,800,705 1,898,150 982,352 3,841,912 14,523,119 Noncurrent liabilities: Compensated absences 62,377 313,282 71,040 6,848 453,547 Other postemployment benefits 663,812 1,395,749 615,433 116,504 2,791,498 Capital lease purchases payable 8,545,946 331,392 24,058 - 8,901,396 Advances from other funds 2,717,658 138,225 - - 2,855,883 Claims payable - - - 6,522,100 6,522,100 Total noncurrent liabilities 11,989,793 2,178,648 710,531 6,645,452 21,524,424 Total liabilities 19,790,498 4,076,798 1,692,883 10,487,364 36,047,543 DEFERRED INFLOWS OF RESOURCES Deferred inflows - pension 613,061 1,432,149 533,460 79,601 2,658,271 Deferred inflows - other postemployment benefits 14,064 29,572 13,039 2,468 59,143 Total deferred inflows of resources 627,125 1,461,721 546,499 82,069 2,717,414 NET POSITION Net investment in capital assets 9,383,978 2,416,805 254,947 1,461 12,057,191 Restricted for: Pensions 1,398,073 3,265,984 1,216,545 181,528 6,062,130 Unrestricted 10,898,286 8,521,671 7,998,040 43,114,994 70,532,991 Total net position $ 21,680,337 $ 14,204,460 $ 9,469,532 $ 43,297,983 $ 88,652,312 The notes to the financial statements are an integral part of this statement. City of Clearwater, Florida Combining Statement of Net Position Internal Service Funds September 30, 2019 130 Administrative General Central Garage Services Services Insurance Total Operating revenues: Billings to departments $ 16,639,011 $ 12,221,479 $ 5,672,334 $ 25,600,670 $ 60,133,494 Rentals 50,837 - - - 50,837 Other 113,121 - 19,317 779,026 911,464 Total operating revenues 16,802,969 12,221,479 5,691,651 26,379,696 61,095,795 Operating expenses: Personal services 2,258,132 5,004,467 2,180,897 474,553 9,918,049 Purchases for resale 4,268,383 - - - 4,268,383 Operating materials and supplies 100,782 455,151 501,498 296,916 1,354,347 Transportation 1,600 78,920 205,235 - 285,755 Utility service 118,007 - 426,941 2,195 547,143 Depreciation 8,816,841 614,301 42,956 2,349 9,476,447 Interfund administrative charges 240,400 4,000 - - 244,400 Other current charges: Professional fees 872,086 1,988,446 4,100,660 3,492,380 10,453,572 Communications 22,903 1,162,483 57,672 6,172 1,249,230 Printing and binding 3,226 36,643 60 5,344 45,273 Insurance:- Premiums 30,730 21,040 39,980 2,890,427 2,982,177 Claims incurred - - - 15,054,608 15,054,608 Repairs and maintenance 256,784 1,617,624 160,541 19,174 2,054,123 Rentals 17,254 482,345 71,978 68,317 639,894 Miscellaneous 48,417 205,782 25,729 66,284 346,212 Data processing charges 153,800 228,060 131,400 18,450 531,710 Taxes 15,604 - - 6,295 21,899 Total other current charges 1,420,804 5,742,423 4,588,020 21,627,451 33,378,698 Total operating expenses 17,224,949 11,899,262 7,945,547 22,403,464 59,473,222 Operating income (loss) (421,980) 322,217 (2,253,896) 3,976,232 1,622,573 Nonoperating revenues (expenses) Investment earnings (loss): Interest 226,372 227,008 232,500 1,089,099 1,774,979 Net appreciation (depreciation) in fair value 185,761 256,384 130,920 1,002,882 1,575,947 Total investment earnings (loss) 412,133 483,392 363,420 2,091,981 3,350,926 Interest expense (458,283) (19,176) (675) - (478,134) Gain on disposal of capital assets 655,415 - - - 655,415 Total nonoperating revenue (expenses) 609,265 464,216 362,745 2,091,981 3,528,207 Income (loss) before contributions and transfers 187,285 786,433 (1,891,151) 6,068,213 5,150,780 Transfers in 4,474,710 204 3,225,206 - 7,700,120 Transfers out - - (63,302) (5,239) (68,541) Change in net position 4,661,995 786,637 1,270,753 6,062,974 12,782,359 Net position - beginning 17,018,342 13,417,823 8,198,779 37,235,009 75,869,953 Net position - ending $ 21,680,337 $ 14,204,460 $ 9,469,532 $ 43,297,983 $ 88,652,312 The notes to the financial statements are an integral part of this statement. City of Clearwater, Florida Combining Statement of Revenue, Expenses, and Changes in Net Position Internal Service Funds For the Year Ended September 30, 2019 131 Administrative General Central Garage Services Services Insurance Total CASH FLOWS FROM OPERATING ACTIVITIES Cash received from other funds $ 16,802,969 $ 12,221,479 $5,691,651 $ 26,379,009 $ 61,095,108 Cash payments to suppliers (5,527,305) (5,029,959) (4,632,862) (21,126,841) (36,316,967) Cash payments to employees (2,418,253) (5,120,214) (2,209,307) (444,117) (10,191,891) Cash payments to other funds (686,169) (610,882) (451,137) (2,533,014) (4,281,202) Net cash provided (used) by operating activities 8,171,242 1,460,424 (1,601,655) 2,275,037 10,305,048 CASH FLOWS FROM NONCAPITAL FINANCING ACTIVITIES Transfers from other funds 4,474,710 204 3,225,206 - 7,700,120 Transfers to other funds - - (63,302) (5,239) (68,541) Receipt of cash on loans to/from other funds 3,363,458 205,331 - 314,563 3,883,352 Net cash provided by noncapital financing activities 7,838,168 205,535 3,161,904 309,324 11,514,931 CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES Principal payments on debt (6,722,079) (286,983) (5,229) - (7,014,291) Interest paid (361,583) (14,953) (519) - (377,055) Acquisition of capital assets (9,650,172) (863,417) (6,408) - (10,519,997) Net cash used by capital and related financing activities (16,733,834) (1,165,353) (12,156) - (17,911,343) CASH FLOWS FROM INVESTING ACTIVITIES Interest received 422,450 502,270 355,623 2,155,810 3,436,153 Net cash provided by investing activities 422,450 502,270 355,623 2,155,810 3,436,153 Net increase (decrease) in cash and cash equivalents (301,974) 1,002,876 1,903,716 4,740,171 7,344,789 Cash and cash equivalents at beginning of year 12,543,184 11,039,872 7,820,117 43,327,515 74,730,688 Cash and cash equivalents at end of year $ 12,241,210 $ 12,042,748 $9,723,833 $ 48,067,686 $ 82,075,477 Cash and cash equivalents classified as: Cash and investments $ 12,241,210 $ 12,042,748 $9,723,833 $ 48,067,686 $ 82,075,477 Total cash and cash equivalents $ 12,241,210 $ 12,042,748 $9,723,833 $ 48,067,686 $ 82,075,477 The notes to the financial statements are an integral part of this statement. City of Clearwater, Florida Combining Statement of Cash Flows Internal Service Funds For the Year Ended September 30, 2019 132 Administrative General Central Garage Services Services Insurance Total City of Clearwater, Florida Combining Statement of Cash Flows Internal Service Funds For the Year Ended September 30, 2019 Reconciliation of operating income (loss) to net cash provided (used) by operating activities: Operating income (loss) $ (421,980) $ 322,217 $(2,253,896) $ 3,976,232 $ 1,622,573 Adjustments to reconcile operating income (loss) to net cash provided (used) by operating activities: Depreciation 8,816,841 614,301 42,956 2,349 9,476,447 Change in assets, deferred outflows, liabilities and deferred inflows: (Increase) decrease in accounts receivable 4,402 - - 16,717 21,119 (Increase) decrease in due from other governments - - - (17,404) (17,404) (Increase) decrease in inventory 33,748 - - - 33,748 (Increase) decrease in prepaid expenses - (500) - (568,927) (569,427) (Increase) decrease in net pension asset 416,536 1,310,758 482,104 172,618 2,382,016 (Increase) decrease in deferred outflows (386,604) (861,367) (331,075) (44,187) (1,623,233) Increase (decrease) in accounts and contracts payable (37,843) 640,153 637,695 (1,164,366) 75,639 Increase (decrease) in accrued payroll (24,166) 13,448 17,300 (8,040) (1,458) Increase (decrease) in unearned revenue (63,805) - - - (63,805) Increase (decrease) in other postemployment benefits 113,390 238,472 105,086 5,002 461,950 Increase (decrease) in deferred inflows (279,277) (817,058) (301,825) (94,957) (1,493,117) Total adjustments 8,593,222 1,138,207 652,241 (1,701,195) 8,682,475 Net cash provided (used) by operating activities $ 8,171,242 $ 1,460,424 $(1,601,655) $ 2,275,037 $ 10,305,048 133 134 This Page Intentionally Left Blank 135 Fiduciary Funds Fiduciary Funds are used to account for resources that are managed in a trustee capacity or as an agent for other parties or funds. Employees’ Pension Fund - to account for the financial operation and condition of the major employee retirement system. Firefighters’ Relief and Pension Fund - to account for the financial operation and condition of the Firefighters' Relief and Pension Plan, closed to new members in 1962, and containing 15 retired members with no active members. The Plan was fully funded effective with fiscal year 2007. Police Supplemental Pension Fund - to account for the financial operation and condition of a supplemental pension plan funded by the State for sworn police officers. Firefighters’ Supplemental Pension Fund - to account for the financial operation and condition of a supplemental pension plan funded by the State for firefighters. Treasurer’s Escrow Agency Fund - to account for the receipt, custody, and expenditure of funds held temporarily in trust for other parties. Defined Benefit Defined Contribution Pension Trust Funds Pension Trust Funds Firefighters' Police Firefighters' Employees' Relief and Supplemental Supplemental Pension Fund Pension Fund Pension Fund Pension Fund Totals ASSETS Cash and cash equivalents $ 2,118,678 $ 1,454,685 $ 11,225 $ - $ 3,584,588 Managed investment accounts, at fair value: Cash and cash equivalents 24,360,444 - 1,289,663 681,587 26,331,694 Government bonds 51,199,849 - - 971,381 52,171,230 Index linked government bonds 3,289,568 - - - 3,289,568 Agency bonds 5,086,585 2,118,597 - - 7,205,182 Municipal bonds 2,912,685 - - - 2,912,685 Domestic corporate bonds 100,760,994 - - 1,899,532 102,660,526 International equity securities 132,135,368 - - - 132,135,368 Domestic stocks 396,845,666 - - 2,884,196 399,729,862 Mortgage backed bonds 131,523,612 - - 1,627,683 133,151,295 Asset backed securities 7,801,834 - - - 7,801,834 Other/rights/warrants 1,606 - - - 1,606 Domestic equity mutual funds 47,452,566 - 11,519,721 7,273,678 66,245,965 International equity mutual funds 36,748,733 - 7,609,003 1,100,426 45,458,162 Infrastructure 41,157,478 - - - 41,157,478 Real estate 96,371,633 - - 2,887,822 99,259,455 Total managed investment accounts 1,077,648,621 2,118,597 20,418,387 19,326,305 1,119,511,910 Securities lending collateral 133,322,532 - - - 133,322,532 Receivables: Interest and dividends 2,849,401 24,990 1,970 29,992 2,906,353 Unsettled investment sales 6,019,874 - - - 6,019,874 Securities lending earnings 35,428 - - - 35,428 Due from others - - 8,671 - 8,671 Total receivables 8,904,703 24,990 10,641 29,992 8,970,326 Total assets 1,221,994,534 3,598,272 20,440,253 19,356,297 1,265,389,356 LIABILITIES Accounts payable 876,322 - 2,732 - 879,054 Unsettled investment purchases 23,692,559 - - - 23,692,559 Obligations under securities lending 133,322,532 - - - 133,322,532 Total liabilities 157,891,413 - 2,732 - 157,894,145 FIDUCIARY NET POSITION Net position restricted for pensions $ 1,064,103,121 $ 3,598,272 $ 20,437,521 $ 19,356,297 $ 1,107,495,211 The notes to the financial statements are an integral part of this statement. City of Clearwater, Florida Combining Statement of Fiduciary Net Position Fiduciary Funds September 30, 2019 136 Defined Benefit Defined Contribution Pension Trust Funds Pension Trust Funds Firefighters' Police Firefighters' Employees' Relief and Supplemental Supplemental Pension Fund Pension Fund Pension Fund Pension Fund Totals ADDITIONS Contributions: Contributions from employer $ 10,901,645 $ - $ - $ - $ 10,901,645 Contributions from employer - state tax 12,000 - 1,253,979 1,019,436 2,285,415 Contributions from employees 7,326,649 - - - 7,326,649 Total contributions 18,240,294 - 1,253,979 1,019,436 20,513,709 Investment income: Net appreciation (depreciation) in fair value of investments 37,182,834 209,493 1,507,738 (295,711) 38,604,354 Interest 11,058,783 110,143 - 297,381 11,466,307 Dividends 10,875,743 - 290,256 380,900 11,546,899 Less investment expenses: Investment management/custodian fees (6,437,982) - (32,317) (108,316) (6,578,615) Net income from investing activities 52,679,378 319,636 1,765,677 274,254 55,038,945 Securities lending income: Gross earnings 3,766,156 - - - 3,766,156 Rebate paid (3,052,140) - - - (3,052,140) Bank fees (249,718) - - - (249,718) Net income from securities lending 464,298 - - - 464,298 Total additions 71,383,970 319,636 3,019,656 1,293,690 76,016,952 DEDUCTIONS Benefits and withdrawal payments: Benefits 49,687,426 285,762 1,026,944 1,499,254 52,499,386 Withdrawal payments 1,017,365 - - - 1,017,365 Total benefits and withdrawal payments 50,704,791 285,762 1,026,944 1,499,254 53,516,751 Income (loss) before administrative expenses 20,679,179 33,874 1,992,712 (205,564) 22,500,201 Less administrative expenses (335,282) (2,500) (17,083) (40,049) (394,914) Net increase (decrease)20,343,897 31,374 1,975,629 (245,613) 22,105,287 Fiduciary net position restricted for pensions Fiduciary net position - beginning 1,043,759,224 3,566,898 18,461,892 19,601,910 1,085,389,924 Fiduciary net position - ending $ 1,064,103,121 $ 3,598,272 $ 20,437,521 $ 19,356,297 $ 1,107,495,211 The notes to the financial statements are an integral part of this statement. City of Clearwater, Florida Combining Statement of Changes in Fiduciary Net Position Fiduciary Funds For the Year Ended September 30, 2019 137 Balance Balance October 1, September 30, 2018 Additions Deductions 2019 TREASURER'S ESCROW FUND ASSETS Cash and investments $ 453,926 641,343 610,619 $ 484,650 Accrued interest receivable 445 610 445 610 Total Assets $ 454,371 641,953 611,064 $ 485,260 LIABILITIES Other miscellaneous payables: Downtown Development Board $ 224,798 629,963 546,776 $ 307,985 Other 229,573 6,472 58,770 177,275 Total Liabilities $ 454,371 636,435 605,546 $ 485,260 The notes to the financial statements are an integral part of this statement. City of Clearwater, Florida Statement of Changes in Assets and Liabilities Agency Fund For the Year Ended September 30, 2019 138 Financial Trends Schedule 1 Net Position by Component Schedule 2 Changes in Net Position Schedule 2a Program Revenues by Function/Program Schedule 3 Fund Balances of Governmental Funds Schedule 4 Changes in Fund Balances of Governmental Funds Revenue Capacity Schedule 5 Assessed Value and Estimated Actual Value of Taxable Property Schedule 6 Direct and Overlapping Property Tax Rates Schedule 7 Property Tax Levies and Collections Schedule 8a Principal Real Property Taxpayers Schedule 8b Principal Personal Property Taxpayers Debt Capacity Schedule 9 Ratios of Outstanding Debt by Type Schedule 10 Ratios of General Bonded Debt Outstanding Schedule 11 Direct and Overlapping Governmental Activities Debt Schedule 12 Legal Debt Margin Information Schedule 13 Pledged-Revenue Coverage These schedules present information to help the reader assess the affordability of the City’s current levels of outstanding debt, and the City’s ability to issue additional debt in the future. CITY OF CLEARWATER, FLORIDA STATISTICAL SECTION This section of the City’s CAFR presents detailed information as a context for understanding what the information in the financial statements, note disclosures, and required supplementary information say about the City’s overall financial health. This information has not been audited by the independent auditor. These schedules contain trend information to help the reader understand how the City’s financial performance and well-being changed over time. These schedules contain information to help the reader assess the City’s significant local revenue, the property tax. 139 Economic and Demographic Information Schedule 14 Demographic and Economic Statistics Schedule 15 Principal Employers Operating Information Schedule 16 Full-time Equivalent City Government Employees by Function/Program Schedule 17 Operating Indicators by Function/Program Schedule 18 Capital Assets Statistics by Function/Program These schedules offer economic and demographic indicators to help the reader understand the environment within which the City’s financial activities take place. These schedules contain service and infrastructure data to help the reader understand how the information in the City’s financial report relates to the services the City provides and the activities it performs. Sources: Unless otherwise noted, the information in this section is derived from the City’s comprehensive annual financial reports for the relevant year. STATISTICAL SECTION (CONTINUED) CITY OF CLEARWATER, FLORIDA 140 2010201120122013201420152016201720182019Primary GovernmentGovernmental activities Net investment in capital assets 249,043$ 257,542$ 249,742$ 252,661$ 261,886$ 262,934$ 263,810$ 271,834$ 256,608$ 267,703$ Restricted 49,682 57,245 65,603 60,454 56,044 57,003 52,936 119,003 145,996 129,078 Unrestricted 93,283 79,955 80,208 82,369 153,334 121,033 128,785 72,595 57,072 102,030 Total governmental activities net position 392,008$ 394,742$ 395,553$ 395,484$ 471,264$ 440,970$ 445,531$ 463,432$ 459,676$ 498,811$ Business-type activities Net investment in capital assets 165,704$ 159,913$ 163,316$ 180,324$ 214,175$ 226,571$ 231,591$ 254,503$ 250,410$ 281,132$ Restricted 44,332 55,038 55,204 53,237 49,530 45,503 36,803 47,946 54,034 36,271 Unrestricted 126,204 136,067 151,693 153,761163,876 164,135 194,997 183,726 194,547 228,795 Total business-type activities net position 336,240$ 351,018$ 370,213$ 387,322$ 427,581$ 436,209$ 463,391$ 486,175$ 498,991$ 546,198$ Primary government Net investment in capital assets 414,747$ 417,455$ 413,058$ 432,985$ 476,061$ 489,505$ 495,401$ 526,337$ 507,018$ 548,835$ Restricted 94,014 112,283 120,807 113,691 105,574 102,506 89,739 166,949 200,030 165,349 Unrestricted 219,487 216,022 231,901 236,130 317,210 285,168 323,782 256,321 251,619 330,825 Total primary government net position 728,248$ 745,760$ 765,766$ 782,806$ 898,845$ 877,179$ 908,922$ 949,607$ 958,667$ 1,045,009$ Note:Fiscal years prior to 2015 are not restated for GASB-68.Fiscal years prior to 2018 are not restated for GASB-75.Schedule 1City of Clearwater, FloridaNet Position by ComponentLast Ten Fiscal Years(accrual basis of accounting, in thousands of dollars)141 2010201120122013201420152016201720182019Governmental activities: General government 15,966$ 16,183$ 14,230$ 13,496$ 15,018$ 16,818$ 13,488$ 14,876$ 18,323$ 15,982$ Public safety 69,457 66,914 67,559 68,057 70,126 99,056 71,718 66,795 67,737 71,645 Physical environment 4,941 3,868 3,189 3,451 3,416 3,273 4,142 3,993 4,055 551 Transportation 13,760 13,275 13,432 12,954 11,129 19,366 14,532 14,339 17,020 15,957 Economic environment 4,155 3,113 2,240 3,035 2,517 4,895 4,019 5,305 6,205 7,671 Human services 97 182 186 104 137 249 526 455 462 574 Culture and recreation 30,610 30,606 32,814 32,213 33,051 40,783 36,894 36,497 50,485 45,595 Interest on long-term debt 1,446 1,217 709 698 727 689 740 748 745 808 Total governmental activities expenses 140,432 135,358 134,359 134,008 136,121 185,129 146,059 143,008 165,032 158,783 Business-type activities: Water and sewer utility 57,229 61,010 59,406 57,774 64,810 69,550 64,866 73,253 82,197 68,458 Gas utility 31,200 28,354 27,662 29,747 31,639 33,352 29,195 30,716 35,569 35,553 Solid waste utility 15,618 15,844 16,632 17,042 17,572 22,486 17,989 17,626 17,053 19,328 Stormwater utility 10,937 12,234 12,847 12,284 16,476 16,110 13,664 13,148 14,550 11,730 Recycling 2,759 2,954 2,855 4,056 3,094 2,455 2,958 2,864 3,042 1,594 Marine 3,868 4,136 4,168 4,214 4,378 4,182 3,476 3,781 4,119 4,212 Aviation 388 515 366 404 345 399 415 470 640 502 Parking system 4,302 3,867 4,200 3,730 3,637 4,724 4,097 4,379 4,817 5,054 Harborview Center 984 579 610 520 522 - - - - - Clearwater Harbor Marina 473 657 726 676 779 911 848 823 895 919 Total business-type activities expenses 127,758 130,150 129,472 130,447 143,252 154,169 137,508 147,060 162,882 147,350 Total primary government expenses 268,190$ 265,508$ 263,831$ 264,455$ 279,373$ 339,298$ 283,567$ 290,068$ 327,914$ 306,133$ Notes:The Harborview Center Fund was closed in FY 2014 and its operations transferred to the General Fund during the year ended September 30, 2014.Fiscal years prior to 2015 are not restated for GASB-68.Fiscal years prior to 2018 are not restated for GASB-75.ExpensesSchedule 2City of Clearwater, FloridaChanges in Net PositionLast Ten Fiscal Years(accrual basis of accounting, in thousands of dollars)Page 1 of 3142 2010201120122013201420152016201720182019 Charges for services: General government 21,484$ 20,869$ 20,401$ 19,920$ 22,726$ 23,668$ 23,030$ 23,380$ 24,391$ 26,013$ Public safety 8,966 9,980 9,265 10,654 11,040 10,593 11,952 11,788 11,318 11,769 Physical environment 331 147 77 174 150 196 137 67 237 120 Transportation 857 852 885 738 454 327 150 157 127 182 Economic environment 124 153 122 121 132 109 105 105 312 165 Culture and recreation 5,174 5,491 5,474 5,973 6,855 7,103 7,751 8,336 8,384 8,892 Operating grants and contributions 7,561 8,062 8,521 8,114 6,305 6,893 6,236 7,012 7,456 8,630 Capital grants and contributions 1,315 2,766 845 437 2,391 2,326 2,642 3,894 7,146 6,257 Total governmental activities program revenues45,812 48,320 45,590 46,131 50,053 51,215 52,003 54,739 59,371 62,028 Business-type activities: Charges for services: Water and sewer utility 55,801 59,810 62,012 65,292 67,141 70,848 75,203 81,514 83,994 87,242 Gas utility 36,622 36,470 36,351 37,693 41,347 41,143 38,598 40,602 45,120 45,762 Solid waste utility 18,422 19,205 19,462 19,504 19,966 20,401 21,602 22,492 23,234 24,504 Stormwater utility 14,717 15,222 15,890 16,378 16,789 17,162 17,854 18,512 18,397 18,503 Recycling 2,695 3,135 2,681 2,453 2,370 2,261 2,390 2,546 2,316 2,444 Marine 4,064 4,387 4,181 4,331 4,643 4,352 4,054 4,444 5,065 5,284 Aviation 332 237 257 261 268 283 291 311 317 323 Parking system 4,358 4,677 4,890 4,994 5,159 6,215 6,638 7,027 6,348 7,128 Harborview Center 440 51 209 48 50 - - - - - Clearwater Harbor Marina 44 325 467 559 619 664 717 799 804 850 Operating grants and contributions 187 133 134 584 140 50 208 83 83 664 Capital grants and contributions 11,060 5,290 7,469 6,250 13,590 4,662 3,487 3,564 3,785 3,973 Total business-type activities program revenues148,742 148,942 154,003 158,347 172,082 168,041 171,042 181,894 189,463 196,677 Total primary government program revenues194,554$ 197,262$ 199,593$ 204,478$ 222,135$ 219,256$ 223,045$ 236,633$ 248,834$ 258,705$ Program revenuesSchedule 2 (continued)City of Clearwater, FloridaChanges in Net PositionLast Ten Fiscal Years(accrual basis of accounting, in thousands of dollars)Page 2 of 3143 2010201120122013201420152016201720182019Net (Expenses) / RevenueGovernmental activities (94,620)$ (87,038)$ (88,770)$ (87,876)$ (86,068)$ (133,914)$ (94,055)$ (88,270)$ (105,661)$ (96,754)$ Business-type activities 20,984 18,792 24,531 27,900 28,830 13,872 33,534 34,834 26,581 49,327 Total primary government net (expense) / revenue (73,636)$ (68,246)$ (64,239)$ (59,976)$ (57,238)$ (120,042)$ (60,521)$ (53,436)$ (79,080)$ (47,427)$ General Revenues and Other Changes in Net PositionGovernmental activities: Taxes Property 44,040$ 39,253$ 37,938$ 37,360$ 38,574$ 40,925$ 43,580$ 46,853$ 50,610$ 64,050$ Sales 13,253 13,385 14,092 14,818 15,722 16,833 17,595 18,009 19,015 19,839 Utility 13,574 13,229 12,736 13,473 14,309 14,095 14,518 14,835 15,544 16,449 Communications services 6,107 5,852 5,871 5,470 5,061 4,919 4,618 4,512 4,721 4,371 Other taxes 7,773 7,451 7,105 8,157 7,725 7,969 6,845 8,395 8,727 9,449 Investment earnings 5,015 2,965 2,758 (1,109) 2,596 3,279 2,285 698 (136) 8,617 Miscellaneous 128 125 101 134 28 26 108 36 100 182 Extraordinary item - - - - - 6,480 - - - - Transfers 9,951 7,511 8,980 9,505 13,410 9,330 9,069 12,831 10,341 12,932 Total governmental activities 99,841 89,771 89,581 87,808 97,425 103,856 98,618 106,169 108,922 135,889 Business-type activities: Investment earnings 5,284 3,497 3,644 (1,287) 3,407 4,086 2,715 783 (350) 10,811 Transfers (9,951) (7,511) (8,980) (9,505) (13,410) (9,330) (9,069) (12,831) (10,341) (12,932) Total business-type activities (4,667) (4,014) (5,336) (10,792) (10,003) (5,244) (6,354) (12,048) (10,691) (2,121) Total primary government 95,174$ 85,757$ 84,245$ 77,016$ 87,422$ 98,612$ 92,264$ 94,121$ 98,231$ 133,768$ Change in Net PositionGovernmental activities 5,221$ 2,733$ 811$ (68)$ 11,357$ (30,058)$ 4,563$ 17,899$ 3,261$ 39,135$ Business-type activities 16,317 14,778 19,195 17,108 18,827 8,628 27,180 22,786 15,890 47,206 Total primary government change in net position 21,538$ 17,511$ 20,006$ 17,040$ 30,184$ (21,430)$ 31,743$ 40,685$ 19,151$ 86,341$ Schedule 2 (continued)City of Clearwater, FloridaChanges in Net PositionLast Ten Fiscal Years(accrual basis of accounting, in thousands of dollars)Page 3 of 3144 2010201120122013201420152016201720182019Function/ProgramGovernmental activities: General government 21,512$ 21,533$ 20,418$ 19,920$ 22,728$ 23,668$ 23,030$ 23,432$ 24,398$ 26,298$ Public safety 12,309 12,631 13,753 13,551 14,192 13,201 15,439 14,778 14,455 16,363 Physical environment 360 344 327 326 447 1,311 986 1,538 1,729 1,690 Transportation 2,024 2,651 1,436 1,284 885 1,024 927 1,312 2,889 1,759 Economic environment 1,982 2,444 1,687 2,988 1,828 1,713 1,426 2,014 1,725 1,315 Human services - 211 180 147 - 350 333 368 431 400 Culture and recreation 7,625 8,506 7,789 7,915 9,973 9,948 9,862 11,297 13,744 14,203 Subtotal governmental activities 45,812 48,320 45,590 46,131 50,053 51,215 52,003 54,739 59,371 62,028 Business-type activities: Water and sewer utility 63,426 63,566 68,812 69,732 78,478 74,146 77,312 82,531 86,706 89,115 Gas utility 36,672 36,470 36,351 38,143 41,347 41,143 38,598 40,602 45,120 45,762 Solid waste utility 18,422 19,205 19,462 19,504 19,966 20,401 21,727 22,492 23,234 25,166 Stormwater utility 15,682 16,523 15,961 16,869 18,821 17,805 19,029 21,053 19,358 20,575 Recycling 2,779 3,218 2,764 2,536 2,453 2,261 2,473 2,629 2,399 2,444 Marine 4,064 4,387 4,259 4,334 4,658 4,357 4,055 4,447 5,070 5,286 Aviation 491 454 776 1,491 480 999 377 314 424 351 Parking system 4,364 4,677 4,890 4,994 5,159 6,215 6,704 7,027 6,348 7,128 Harborview Center 440 51 209 48 50 - - - - - Clearwater Harbor Marina 2,402 391 518 696 670 714 767 799 804 850 Subtotal business-type activities 148,742 148,942 154,002 158,347 172,082 168,041 171,042 181,894 189,463 196,677 Total primary government 194,554$ 197,262$ 199,592$ 204,478$ 222,135$ 219,256$ 223,045$ 236,633$ 248,834$ 258,705$ Schedule 2aCity of Clearwater, FloridaProgram Revenues by Function/ProgramLast Ten Fiscal Years(accrual basis of accounting, in thousands of dollars)145 20102011a20122013201420152016201720182019General Fund: Nonspendable -$ 24$ 25$ 37$ 33$ 40$ 59$ 62$ 76$ 49$ Restricted - - - - - - - - - - Committed - - - - - - - - - - Assigned - 856 1,043 588 894 447 352 232 436 452 Unassigned - 23,081 22,034 21,664 23,488 31,540 33,243 28,276 27,176 38,168 Reserved 1,164 - - - - - - - - - Unreserved 22,903 - - - - - - - - - Total General Fund 24,067$ 23,961$ 23,102$ 22,289$ 24,415$ 32,027$ 33,654$ 28,570$ 27,688$ 38,669$ All Other Governmental Funds: Nonspendable -$ 90$ 87$ 96$ -$ -$ -$ -$ -$ 10$ Restricted - 61,991 65,645 60,493 56,043 53,900 52,936 58,681 67,328 76,094 Committed - 17,131 17,346 27,322 19,374 20,167 22,360 22,132 19,829 19,661 Assigned - 7,404 8,488 5,801 6,689 7,815 7,475 7,094 3,043 5,828 Unassigned - (1,921) (2,119) (3,917) (6,347) (2,553) - - - - Reserved 29,970 - - - - - - - - - Unreserved, reported in:- - - - - Special revenue funds 13,944 - - - - - - - - - Debt service funds 7,726 - - - - - - - - - Capital project funds 36,240 - - - - - - - - - Total all other governmental funds 87,880$ 84,695$ 89,447$ 89,795$ 75,759$ 79,329$ 82,771$ 87,907$ 90,200$ 101,593$ a GASB Statement No. 54 was implemented in 2011 and reflects the new fund balance classifications for 2011.The new classifications have not been restated for 2010 and prior.Schedule 3City of Clearwater, FloridaFund Balances of Governmental FundsLast Ten Fiscal Years(modified accrual basis of accounting, in thousands of dollars)146 2010201120122013201420152016201720182019Total Governmental Funds: Property taxes 44,097$ 39,290$ 37,954$ 37,413$ 38,597$ 40,919$ 43,614$ 46,852$ 50,710$ 64,050$ b Sales taxes 7,987 7,929 8,393 8,868 9,465 10,188 10,715 11,014 11,670 12,278 Utility taxes 13,574 13,229 12,735 13,473 14,309 14,094 14,518 14,835 15,544 16,449 Communications services taxes 6,107 5,852 5,871 5,470 5,061 4,919 4,618 4,512 4,721 4,371 Other taxes 3,613 3,561 3,308 3,556 3,554 3,519 2,194 3,459 3,493 3,603 Franchise fees 10,540 9,994 9,603 9,164 9,877 9,873 9,311 9,394 9,992 10,643 Licenses, permits, and fees 1,766 2,364 2,117 2,187 3,292 4,408 3,339 3,893 3,748 3,995 Intergovernmental revenues 25,400 26,693 25,750 26,842 26,354 27,573 28,293 30,236 34,277 34,770 Charges for services 14,803 14,081 14,682 14,484 15,574 15,830 16,536 17,304 17,381 17,719 Fines and forfeitures 1,101 1,638 985 1,808 1,480 1,638 2,116 1,727 2,165 2,605 Investment earnings 3,360 1,937 1,719 (668) a1,717 2,160 1,486 460 194 5,292 c Miscellaneous 1,709 2,963 2,016 2,310 2,734 3,886 4,028 4,051 4,499 5,834 Total revenues 134,057 129,531 125,133 124,907 132,014 139,007 140,768 147,737 158,394 181,609 ExpendituresTotal Governmental Funds: Current: General government 15,676 15,042 12,764 12,520 14,391 13,159 12,917 16,277 17,250 17,521 Public safety 64,734 63,610 64,171 66,262 66,771 66,886 69,575 71,752 74,486 74,164 Physical environment 3,777 3,722 3,032 3,376 3,400 3,158 3,594 4,185 4,403 3,488 Transportation 9,128 8,536 8,332 7,522 7,787 9,925 9,554 9,626 9,629 9,956 Economic environment 3,089 2,773 2,470 3,256 2,544 3,993 3,473 4,826 4,106 4,831 Human services 100 180 182 104 137 223 525 466 490 594 Culture and recreation 25,883 25,198 27,028 26,567 27,557 28,339 31,279 33,868 43,030 40,080 Debt service: Principal 11,670 9,510 1,049 1,049 947 928 979 1,088 1,271 1,486 Interest & issuance costs 1,339 856 548 538 542 501 459 414 380 348 Capital outlay 10,145 9,165 8,860 13,318 16,098 12,132 12,062 13,015 8,921 12,068 Total expenditures 145,541 138,592 128,436 134,512 140,174 139,244 144,417 155,517 163,966 164,536 Excess (deficiency) of revenues over (under) expenditures (11,484) (9,061) (3,303) (9,605) (8,160) (237) (3,649) (7,780) (5,572) 17,073 Total Governmental Funds: Transfers in 52,481 34,908 31,373 35,813 34,453 39,386 32,824 45,413 49,202 45,697 Transfers out (42,440) (30,204) (24,491) (26,673) (25,819) (31,190) (25,074) (38,658) (43,895) (40,396) Long term debt issued - 1,066 314 - - 82 968 1,077 1,677 - Total other financing sources (uses) 10,041 5,770 7,196 9,140 8,634 8,278 8,718 7,832 6,984 5,301 Extraordinary Item:BP Oil settlement proceeds - - - - - 6,480 - - - - (1,443)$ (3,291)$ 3,893$ (465)$ 474$ 14,521$ 5,069$ 52$ 1,412$ 22,374$ Debt service as a percentage of noncapital expenditures 9.6% 8.2%1.3% 1.3% 1.3% 1.1% 1.1% 1.1% 1.1% 1.3%Notes:Fiscal years prior to 2015 are not restated for GASB-68.Fiscal years prior to 2018 are not restated for GASB-75.a The decrease in 2013 investment earnings was due to a low interest rate environment along with an unrealized loss in market value at September 30, 2013.b The increase in 2019 investment earnings was due to an unrealized gain in market value as of September 30, 2019 as well as an increase in the average balance of cash and investments.c The increase in 2019 property taxes was due to an increase in the millage rate from 5.155 to 5.955 as well as an increase in property values.Other Financing Sources (Uses)Net Change in Fund BalancesRevenuesSchedule 4City of Clearwater, FloridaChanges in Fund Balances of Governmental FundsLast Ten Fiscal Years(modified accrual basis of accounting, in thousands of dollars)147 Less:Government Homestead Total Total Estimated Assessedand Assessment Less:Taxable Direct Actual Value as %Fiscal Residential Commercial Industrial Institutional Personal OtherCap Tax Exempt Assessed Tax Taxable of ActualYear Property Property Property Property Property Property DifferentialbProperty Value RatecValue Value2010 8,163,897$ 2,346,462$ 185,353$ 1,156,811$ 657,933$ 95,259$ 907,087$ 2,878,136$ 8,820,492$ 5.1550 10,377,049$ 85.0%2011 7,069,236 2,043,813 162,529 999,884 630,044 112,864 472,793 2,679,167 7,866,410 5.1550 9,254,600 85.0%2012 6,732,585 2,001,945 149,166 973,917 609,704 94,750 391,670 2,573,448 7,596,949 5.1550 8,937,587 85.0%2013 6,496,278 2,043,952 140,377 1,017,944 593,746 114,615 290,989 2,623,699 7,492,224 5.1550 8,814,381 85.0%2014 6,863,874 2,077,078 149,298 1,057,915 601,743 113,552 485,295 2,640,339 7,737,826 5.1550 9,103,325 85.0%2015 7,713,777 2,145,212 156,487 1,117,973 631,798 113,591 959,433 2,714,945 8,204,460 5.1550 9,652,306 85.0%2016 8,606,077 2,248,376 161,628 1,167,103 659,302 116,457 1,447,451 2,762,807 8,748,685 5.1550 10,292,571 85.0%2017 9,309,714 2,416,458 181,646 1,170,702 653,678 116,714 1,655,985 2,792,826 9,400,101 5.1550 11,058,942 85.0%2018 10,027,947 2,634,890 191,916 1,199,559 753,946 112,055 1,835,694 2,903,688 10,180,931 5.1550 11,977,566 85.0%2019 10,929,070 2,924,352 193,383 1,229,391 1,097,973 130,025 2,022,246 3,322,023 11,159,925 5.9550 13,129,324 85.0%a Properties are assessed at approximately 85% of market value to reflect cost of sales, personal property included in market value, etc.b Chapter 193.155, Florida Statutes, provides for an annual cap on assessment increases for "Homestead properties" (properties qualifying for Homestead exemption). The cap is the lower of 3% of the assessed value of the property or the percentage change in the Consumer Price Index for All Urban Consumers.c Rate is per $1,000 of assessed valueAssessed Value aSchedule 5City of Clearwater, FloridaAssessed Value and Estimated Actual Value of Taxable PropertyLast Ten Fiscal Years(in thousands of dollars)148 Fiscal Year Operating Total Direct Pinellas County Pinellas County Schools Pinellas Transit District Emergency Medical Services Other Districts Downtown Development Board a 2010 5.1550 5.1550 4.8730 8.3460 0.5601 0.5832 1.5106 0.9651 2011 5.1550 5.1550 4.8730 8.3400 0.5601 0.5832 1.4410 0.9651 2012 5.1550 5.1550 4.8730 8.3850 0.7305 0.8506 1.2390 0.9651 2013 5.1550 5.1550 5.0727 8.3020 0.7305 0.9158 1.3034 0.9651 2014 5.1550 5.1550 5.3377 8.0600 0.7305 0.9158 1.2959 0.9651 2015 5.1550 5.1550 5.3377 7.8410 0.7305 0.9158 1.2799 0.9651 2016 5.1550 5.1550 5.3377 7.7700 0.7305 0.9158 1.2629 0.9651 2017 5.1550 5.1550 5.3377 7.3180 0.7500 0.9158 1.2448 0.9651 2018 5.1550 5.1550 5.3590 7.0090 0.7500 0.9158 1.2262 0.9700 2019 5.9550 5.9550 5.3590 6.7270 0.7500 0.9158 1.2086 b 0.9700 Source: Pinellas County Tax Collector a A separate taxing district established by referendum which affects only downtown properties. b "Other" includes Pinellas County Planning Council 0.0150; Juvenile Welfare Board 0.8981; SW Florida Water Management District 0.2955. Schedule 6 City Direct Rates Overlapping Rates City of Clearwater, Florida Direct and Overlapping Property Tax Rates Last Ten Fiscal Years (rate per $1,000 of assessed value) 149 Fiscal Year Taxes Levied for the Fiscal Year Amount Percentage of Levy Collections in Subsequent Years Amount Percentage of Levy 2010 45,469,638$ 43,912,287$ 96.57% 174,111$ 44,086,398$ 96.96% 2011 40,551,363 39,163,100 96.58% 65,617 39,228,717 96.74% 2012 39,162,295 37,874,151 96.71% 71,607 37,945,758 96.89% 2013 38,622,438 37,298,959 96.57% 63,695 37,362,654 96.74% 2014 39,888,516 38,521,211 96.57% 55,954 38,577,165 96.71% 2015 42,294,009 40,832,366 96.54% 52,405 40,884,771 96.67% 2016 45,099,493 43,545,722 96.55% 41,678 43,587,400 96.65% 2017 48,457,539 46,762,216 96.50% 30,829 46,793,045 96.57% 2018 52,482,716 50,620,131 96.45% 11,226 50,631,357 96.47% 2019 66,457,374 64,014,536 96.32% - 64,014,536 96.32% Note 1:Discounts are allowed for early payment: 4% for November, 3% for December,2% for January, and 1% for February. No discount is allowed for payment in March. Penalties are assessed beginning in April. Note 2:Prior to fiscal year 2012, the Pinellas County Tax Collector did not allocate delinquent taxes collected by the original tax year levied. Consequently, all collections of delinquent taxes were applied to the immediately preceding tax year. Beginning with fiscal year 2012, the Tax Collector has allocated delinquent taxes collected by the original tax year levied. Schedule 7 Collected within the Fiscal Year of the Levy Total Collections to Date City of Clearwater, Florida Property Tax Levies and Collections Last Ten Fiscal Years 150 Taxpayer Taxable Assessed Value Rank Percentage of Total City Taxable Assessed Value Taxable Assessed Value Rank Percentage of Total City Taxable Assessed Value REAL PROPERTY BELLWETHER PROP FLA 164,730,000$ 1.55% $122,905,116 1 1.17% B W C W HOSPITALITY LLC 96,545,307 0.91% K & P CLEARWATER ESTATE LLC 84,559,948 0.79% JOHN S TAYLOR PROPERTIES LLC 70,947,417 0.67% 44,370,000 3 0.42% P E P F SOLARIS KEY LLC 68,000,000 0.64% CLEARMAR LLC 63,250,000 0.59% WYNDHAM VACATION RESORTS INC 56,407,924 0.53% SANDPEARL RESORT LLC 55,607,871 0.52% 37,068,018 6 0.35% SAND KEY ASSOC LTD PARTNERSHIP 54,450,000 0.51% 39,500,000 5 0.38% DECADE GULFCOAST HOTEL PTNRS 52,900,000 0.50% WATERS EDGE ONE LLC 54,034,267 2 0.52% CENTRO NP CLEARWATER MALL LLC 41,264,549 4 0.39% GRAND RESERVE PROPERTY OWNER V 34,250,000 7 0.33% 628 EAST CLEVELAND ST 29,021,824 8 0.28% WEINGARTEN NOSTAT INC 28,140,000 9 0.27% W R I COUNTRYSIDE CENTRE LLC 28,000,000 10 0.27% Total 767,398,467$ 7.21% 458,553,774$ 4.38% Source: Pinellas County Property Appraiser Schedule 8a City of Clearwater, Florida Principal Real Property Taxpayers Current Year and Nine Years Ago 2019 2010 151 Taxpayer Taxable Assessed Value Rank Percentage of Total City Taxable Assessed Value Taxable Assessed Value Rank Percentage of Total City Taxable Assessed Value PERSONAL PROPERTY DUKE ENERGY FLORIDA (1) 98,748,043$ 1 19.50% 68,280,191$ 1 13.31% FRONTIER FLORIDA LLC (2) 20,980,480 2 4.35% 59,462,289 2/3 11.59% INSTRUMENT TRANSFORMERS INC 20,431,255 3 4.23% 7,295,717 6 1.42% BRIGHT HOUSE NETWORKS LLC 15,723,626 4 3.26% 15,952,300 4 3.11% BAUSCH & LOMB INC 14,753,258 5 3.06% MONIN INC 11,209,101 6 2.32% 6,437,833 8 1.26% PUBLIX SUPER MARKET 8,249,472 7 1.71% 10,570,676 5 2.06% FLORIDA GAS TRANSMISSION 7,159,727 8 1.48% OPAL SANDS RESORT 6,343,092 9 1.31% HILTON CLEARWATER BEACH RESORT 6,315,989 10 1.31% 6,019,563 10 1.17% GENERAL ELECTRIC CREDIT CORP 6,894,224 7 1.34% SANDPEARL RESORT LLC 6,376,216 9 1.24% Total 209,914,043$ 42.53% 187,289,009$ 36.50% Notes: (1) Duke Energy was listed as Florida Power Corp. in 2010. (2) Frontier Florida LLC was listed as Verizon Florida LLC in 2010. Source: Pinellas County Property Appraiser Schedule 8b City of Clearwater, Florida Principal Personal Property Taxpayers Current Year and Nine Years Ago 2019 2010 152 Spring TrainingPublic Service Sales Tax Facility Water/Sewer Gas Stormwater Public Service Total PercentageFiscal Tax Revenue Revenue Intergovernmental Capital Revenue Revenue Revenue Tax Revenue Capital Primary of Personal PerYearBondsBondsRevenue BondsLeasesBondsBondsBondsBondsLeasesGovernmentIncome (a)Capita (a)2010 8,514$ -$ 11,474$ 8,279$ 186,716$ 16,618$ 40,288$ -$ 630$ 272,519$ 6.34% 2,531$ 2011 - - 10,896 8,722 182,887 15,826 39,200 - 808 258,339 5.69% 2,396 2012 - - 10,300 9,058 177,013 15,035 38,409 - 765 250,580 5.27% 2,322 2013 - - 9,686 8,249 170,934 14,367 37,498 - 512 241,246 5.10% 2,212 2014 - - 9,053 9,260 164,714 13,554 36,249 - 296 233,126 4.90% 2,132 2015 - - 8,397 14,033 159,642 12,566 34,791 - 279 229,708 4.52% 2,075 2016 - - 7,717 18,035 152,866 11,563 33,257 - 437 223,875 4.17% 1,992 2017 - - 7,014 21,241 150,862 10,555 31,680 - 1,141 222,493 4.00% 1,956.45 2018 - - 6,273 25,211 143,377 9,905 30,057 - 1,150 215,973 3.63% 1,868.46 2019 - - 5,498 17,470 135,694 9,245 28,377 838 197,122 * *Note: Details regarding the City's outstanding debt can be found in the notes to the financial statements.(a) See Schedule 14 for personal income and population data.* Data not available.Schedule 9Business-Type ActivitiesGovernmental ActivitiesCity of Clearwater, FloridaRatios of Outstanding Debt by TypeLast Ten Fiscal Years(amounts in thousands, except per capita)153 Percentage of General Public Service Sales Tax Actual Taxable Fiscal Obligation Tax Revenue Revenue Value of Per Year Bonds Bonds Bonds Total Property (a) Capita (b) 2010 -$ 8,514$ -$ 8,514$ 0.08% 79 2011 - - - - - - 2012 - - - - - - 2013 - - - - - - 2014 - - - - - - 2015 - - - - - - 2016 - - - - - - 2017 - - - - - - 2018 - - - - - - 2019 - - - - - - (a) See Schedule 5 for property value data. (b) Population data can be found in Schedule 14. Note: Details regarding the City's outstanding debt can be found in the notes to the financial statements. Schedule 10 General Bonded Debt Outstanding City of Clearwater, Florida Ratios of General Bonded Debt Outstanding Last Ten Fiscal Years (amounts in thousands, except per capita) 154 Estimated Estimated Share of Debt Percentage Overlapping Governmental Unit Outstanding Applicable a Debt Debt repaid with property taxes -$ n/a -$ Other debt Pinellas County Government Notes 18,634 14.1% 2,620 Pinellas County Government Capital Leases 298 14.1% 42 Pinellas County School District Certificates of Participation 65,241 14.1% 9,173 Pinellas County School District State Bonds b 853 14.1% 120 Pinellas County School District Capital Leases 4,752 14.1% 668 Subtotal, overlapping debt 12,623 City direct debt 31,484 Total direct and overlapping debt 44,107$ Sources: Assessed value data used to estimate applicable percentages provided by Pinellas County Property Appraiser. Debt outstanding data is provided by each respective governmental unit. Pinellas County Government debt is reported as of September 30, Pinellas County School Board debt is reported as of June 30. Note: Overlapping governments are those that coincide, at least in part, with the geographic boundaries of the city. This schedule estimates the portion of the outstanding debt of those overlapping governments that is borne by the residents and businesses of Clearwater. This process recognizes that, when considering the city's ability to issue and repay long-term debt, the entire debt burden borne by the residents and businesses should be taken into account. a The percentage of overlapping debt applicable is estimated using taxable assessed property values. Applicable percentages were estimated by determining the portion of another governmental unit's taxable assessed value that is within the City's boundaries and dividing it by each unit's total taxable assessed value. b The School District State Bonds are secured by a pledge of the District's portion of the State-assessed motor vehicle license tax. The State's full faith and credit is also pledged for the bonds. (amounts in thousands) Schedule 11 City of Clearwater, Florida Direct and Overlapping Governmental Activities Debt As of September 30, 2019 155 Total Net Debt Applicable Total Net Debt to Limit Fiscal Debt Applicable Legal as Percentage Year Limit to Limit Debt Margin of Debt Limit 2010 1,672,462$ 248,800$ 1,423,662$ 14.88% 2011 1,982,900 232,771 1,750,129 11.74% 2012 1,911,916 224,409 1,687,507 11.74% 2013 1,904,237 215,753 1,688,484 11.33% 2014 1,955,083 208,318 1,746,765 10.66% 2015 2,057,302 204,926 1,852,376 9.96% 2016 2,170,214 199,317 1,970,897 9.18% 2017 2,307,618 199,611 2,108,007 8.65% 2018 2,466,049 193,379 2,272,670 7.84% 2019 2,676,718 182,710 2,494,008 6.83% Legal Debt Margin Calculation for Fiscal Year 2019: Assessed valuation of all real property 13,383,589$ Debt Limit (20% of assessed valuation per City Charter) 2,676,718 Debt applicable to limit: Revenue bonds 173,960$ Capital leases 18,308 Less: Amount set aside for repayment of bonded debt (9,558) 182,710 Legal debt margin 2,494,008$ Note: Per City Charter, the City's indebtedness, to include revenue, refunding, and improvement bonds shall not exceed 20 percent of the current assessed valuation of all real property located in the City. (amounts in thousands) Schedule 12 City of Clearwater, Florida Legal Debt Margin Information Last Ten Fiscal Years 156 Less: Net Fiscal Gross Operating Available Year Revenues Expenses Revenues Principal Interest Coverage 2010 7,987$ -$ 7,987$ 6,620$ 132$ 1.18 2011 - - - - - - 2012 - - - - - - 2013 - - - - - - 2014 - - - - - - 2015 - - - - - - 2016 - - - - - - 2017 - - - - - - 2018 - - - - - - 2019 - - - - - - 2010 1,105$ -$ 1,105$ 530$ 544$ 1.03 2011 1,099 - 1,099 550 526 1.02 2012 1,098 - 1,098 570 507 1.02 2013 1,084 - 1,084 590 485 1.01 2014 1,097 - 1,097 610 463 1.02 2015 1,100 - 1,100 635 439 1.02 2016 1,095 - 1,095 660 413 1.02 2017 1,090 - 1,090 685 380 1.02 2018 1,084 - 1,084 725 343 1.01 2019 1,121 1,121 760 303 1.05 Improvement Revenue Refunding Bonds (c) 2010 19,680$ -$ 19,680$ 355$ 425$ 25.23 2011 19,081 - 19,081 8,540 (d)291 2.16 2012 - - - - - - 2013 - - - - - - 2014 - - - - - - 2015 - - - - - - 2016 - - - - - - 2017 - - - - - - 2018 - - - - - - 2019 - - - - - - (a) Pledged revenues for the Infrastructure Sales Tax Revenue Bonds include the City's share of revenues derived by Pinellas County, Florida, from the levy and collection of a one-cent discretionary infrastructure sales surtax pursuant to Section 212.055(2), Florida Statutes, as amended. (b) Pledged revenues for the Spring Training Facility Revenue Bonds include payments received from the State of Florida pursuant to Section 212.20, Florida Statutes, and payments from Pinellas County, pursuant to an inter-local agreement dated December 1, 2000, along with related interest earnings. (c) Pledged revenues for the Improvement Revenue Refunding Bonds, issued October 2001, were public service taxes. Effective October 1, 2001, the Florida Legislature repealed the public service tax on communications and created a replacement communications services tax. Consequently the pledged revenues effective October 1, 2001, include both public service taxes and the new communications services taxes. (d) Principal payment in 2011 includes an additional principal payment in the amount of $8,170,000 on February 1, 2011 to redeem all outstanding principal as of that date. Debt Service Infrastructure Sales Tax Revenue Bonds (a) Spring Training Facility Revenue Bonds (b) Schedule 13 City of Clearwater, Florida Pledged-Revenue Coverage Last Ten Fiscal Years (amounts in thousands) Page 1 of 2 157 Less: Net Fiscal Gross Operating Available Maximum Year Revenues Expenses Revenues Principal Interest Coverage Coverage (a) Water & Sewer Utility Revenue Bonds 2010 58,220$ 37,358$ 20,862$ 4,685$ 9,310$ 1.49 2011 61,473 40,304 21,169 4,935 9,627 1.45 2012 63,743 38,479 25,264 5,190 8,008 1.91 2013 64,665 37,001 27,664 5,465 8,333 2.00 2014 68,601 44,732 23,869 5,680 8,099 1.73 2015 72,303 47,680 24,623 5,885 7,675 1.82 2016 76,164 42,131 34,033 6,375 7,260 2.50 2017 81,897 50,177 31,720 6,660 5,974 2.51 2018 83,739 46,484 37,255 6,985 5,181 3.06 2019 91,903 50,060 41,843 7,300 5,043 3.39 Gas Utility Revenue Bonds 2010 40,515$ 28,517$ 11,998$ 775$ 704$ 8.11 5.75 2011 37,021 25,934 11,087 795 678 7.53 5.16 2012 36,916 24,919 11,997 795 649 8.31 5.58 2013 37,922 27,159 10,763 825 502 8.11 5.01 2014 41,963 29,173 12,790 925 384 9.77 6.11 2015 41,961 30,407 11,554 980 358 8.64 5.52 2016 39,142 26,591 12,551 995 328 9.49 5.99 2017 40,773 27,927 12,846 1,000 297 9.90 6.13 2018 45,119 30,307 14,812 650 266 16.17 7.07 2019 47,496 32,353 15,143 660 250 16.64 7.23 Stormwater Utility Revenue Bonds 2010 15,283$ 6,766$ 8,517$ 1,080$ 1,782$ 2.98 2011 15,656 7,917 7,739 1,120 1,741 2.70 2012 16,355 8,480 7,875 1,155 1,712 2.75 2013 16,230 8,217 8,013 1,100 1,421 3.18 2014 17,256 12,553 4,703 1,300 1,186 1.89 2015 18,123 11,529 6,594 1,375 1,084 2.68 2016 18,360 9,537 8,823 1,455 1,079 3.48 2017 18,685 9,042 9,643 1,500 1,039 3.80 2018 18,451 7,844 10,607 1,550 991 4.17 2019 21,181 7,672 13,509 1,610 937 5.30 (a) Maximum debt service coverage is presented for continuing disclosure on the Gas System Debt Service Revenue Bonds and is based upon the maximum annual debt service for outstanding bonds and parity bonds. Schedule 13 (continued) City of Clearwater, Florida Pledged-Revenue Coverage Last Ten Fiscal Years (a) (amounts in thousands) Page 2 of 2 158 Year Population (a) Personal Income (thousands of dollars) Per Capita Personal Income (b) Median Age (c) School Enrollment (d) Unemployment Rate (e) 2010 107,685 4,295,878$ 39,893$ 45.3 14,704 11.0% 2011 107,805 4,542,471 42,136 46.3 14,375 9.7% 2012 107,906 4,756,281 44,078 46.5 14,210 7.9% 2013 109,065 4,726,441 43,336 46.8 14,010 6.6% 2014 109,340 4,754,759 43,486 47.0 14,160 5.9% 2015 110,679 5,084,704 45,941 47.5 14,132 5.0% 2016 112,387 5,364,344 47,731 47.8 14,000 4.7% 2017 113,723 5,568,788 48,968 47.6 13,652 3.8% 2018 115,589 5,947,516 51,454 48.5 13,207 3.2% 2019 116,585 * * * 12,523 2.9% (a) (b) (c) (d) (e) Note: * Data not available. Data is the latest published annual data available for an unspecified point in each year, not specifically September 30. Schedule 14 City of Clearwater, Florida Demographic and Economic Statistics Last Ten Fiscal Years Per capita personal income data for Pinellas County for 2009-2016 is from the University of Florida, Bureau of Economic and Business Research. Median household income data for 2017-2018 is from the U.S. Census Bureau, American Community Survey. Population data for the City of Clearwater is from the University of Florida, Bureau of Economic and Business Research. Median age data for Pinellas County for 2009-2016 is from the University of Florida, Bureau of Economic and Business Research. Data for 2017-2018 is from the U.S. Census Bureau, American Community Survey. School enrollment data for public schools located within the City of Clearwater is from the Pinellas County School District. Unemployment data for the Tampa-St. Petersburg-Clearwater Metropolitan Statistical Area for September of each year is from the Bureau of Labor Statistics. 159 Employer Employees Rank Percentage of Total County Employment Employees Rank Percentage of Total County Employment Pinellas County School District 15,000 1 3.04% 14,480 1 3.68% Publix 5,500 2 1.11% Bay Pines VA Medical Center 4,000 3 0.81% 3,417 2 0.87% Raymond James Financial 4,000 4 0.81% 3,200 4 0.81% Home Shopping Network 4,000 5 0.81% City of St. Petersburg 3,500 6 0.71% 3,361 3 0.85% All Children's Hospital 3,200 7 0.65% 2,300 9 0.58% Pinellas County Board of County Commissioners 3,000 8 0.61% 2,786 5 0.71% St. Petersburg College 2,900 9 0.59% 2,063 10 0.52% Morton Plant Hospital 2,800 10 0.57% Pinellas County Sheriff 2,714 6 0.69% Bayfront Medical Center 2,500 7 0.63% Tech Data Corp.2,500 8 0.63% Total Employment b 493,296 393,749 a Data is for Pinellas County. City data is not available. b Source: Florida Research and Economic Database and Pinellas County Department of Economic Development. 2019 b 2010 Schedule 15 City of Clearwater, Florida Principal Employersa Current Year and Nine Years Ago 160 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 Function/Program General government 319.0 306.0 289.7 290.3 282.3 281.8 287.3 295.9 298.8 301.3 Public safety: Fire 211.0 205.0 201.0 201.0 201.0 201.0 201.0 204.0 204.0 205.0 Police 392.6 363.2 366.1 364.3 364.5 364.0 362.5 367.5 373.3 373.3 Physical environment 63.0 60.0 34.0 34.0 21.0 21.0 21.0 21.0 21.0 21.0 Transportation 23.0 21.0 21.0 21.0 34.0 34.0 34.0 35.0 35.0 35.0 Economic environment 11.0 11.0 9.0 9.0 10.0 10.0 12.0 10.4 11.0 11.0 Culture and recreation: Library 73.2 73.2 73.6 73.6 73.6 74.4 81.4 82.3 85.1 84.0 Parks & Rec 191.1 184.1 197.7 197.2 202.5 204.6 209.7 219.0 241.4 240.9 Water & Sewer Utility 164.0 166.0 167.0 167.0 176.0 184.0 187.0 188.0 196.0 196.0 Gas Utility 77.0 77.0 79.0 83.0 83.0 87.0 92.0 104.0 110.0 110.0 Solid Waste Utility 112.0 112.0 112.2 112.2 111.5 111.5 111.5 111.5 111.5 111.5 Stormwater Utility 46.0 47.0 48.0 50.0 49.0 49.0 52.0 52.0 52.0 52.0 Recycling 22.3 22.3 22.3 22.3 22.0 22.0 22.0 22.0 22.0 22.0 Marine 23.0 22.0 23.0 23.0 24.6 24.6 27.7 28.3 18.6 18.9 Clearwater Harbor Marina 5.6 5.6 5.6 5.6 5.6 5.6 6.7 6.7 6.7 6.3 Aviation 1.4 1.4 1.4 1.4 1.4 1.4 1.4 1.4 1.4 1.6 Parking System 31.6 31.6 30.8 30.6 33.7 33.7 35.8 41.3 44.8 44.8 Total 1,766.8 1,708.4 1,681.4 1,685.5 1,695.7 1,709.6 1,745.0 1,790.3 1,832.6 1,834.6 Source: City of Clearwater Office of Management and Budget Schedule 16 City of Clearwater, Florida Full-time Equivalent City Government Employees by Function/Program Last Ten Fiscal Years 161 2010 2011 2012 2013 20142015 2016 2017 2018 2019Function/ProgramGeneral government: Planning Commercial building permits issued 1,365 1,400 1,803 2,065 1,988 1,854 1,706 1,757 1,902 2,425 Residential building permits issued 4,794 5,102 4,941 4,985 5,756 6,546 6,987 9,134 8,702 8,856 Public safety: Police Average officer training hours 51 75 83 83 85 120 115 150 194 170Total volunteer training hours 39 355 385 412 286 246 1034 58 679 209 Fire Percentage of fire responses under 7.5 minutes 90% 92% 95% 91% 93% 93% 91% 89% 89% 89%Physical environment Square feet of sidewalks repaired/constructed 53,157 45,169 45,416 28,036 23,651 35,611 36,694 48,075 39,335 41,268 Transportation Miles of roadway resurfaced 5 8 8 0 8 15 15 6 17 18Economic environment Code enforcement cases brought to compliance 6,029 4,346 4,664 4,905 4,431 4,458 4,736 4,771 4,642 4,561 Human services City employees that mentor in area schools 22 18 20 20 6 5 16 13 17 20Culture and recreation: Library system Library visits 860,044 833,036 820,000 836,919 600,148 636,006 562,387 522,014 582,315 625,411 Circulation 1,147,428 1,087,976 1,058,038 1,099,988 1,019,984 987,430 869,469 891,597 857,232 865,987 Parks and recreation Recreation center visitations 724,769 759,807 738,577 719,393 517,378 696,094 714,657 689,750 708,562 718,261 Athletic program visitations 547,492 515,665 541,433 1,108,644 989,570 1,066,767 1,093,090 1,104,126 916,355 1,054,200 Water and Sewer Utility:Water customers 39,971 41,391 41,988 43,500 43,704 44,236 44,743 45,275 45,486 45,587 Volume of water pumped (million gallons/day) 10.76 11.32 10.90 11.00 12.10 12.10 11.70 11.90 11.40 11.20 Sewer customers 33,041 33,063 33,093 33,405 33,564 33,390 33,763 33,947 34,111 34,183 Miles of sewers cleaned 208 215 230 229 197 172 160 251 161 109 Gas Utility:Number of customers 19,581 19,807 20,029 20,313 20,719 21,049 21,566 22,532 23,893 25,552 Solid Waste Utility:Solid waste tonnage collected and disposed 110,905 112,936 114,317 116,830 113,218 117,214 124,917 123,425 122,890 127,008 Stormwater Utility:Number of equivalent residential units 99,536 100,125 100,461 98,195 100,629 101,663 102,798 103,742 104,105 104,621 Recycling Utility:Marketable tons recycled 9,564 9,250 8,605 8,143 11,716 12,079 13,467 13,438 11,503 4,169 * Note: No operating indicators are available for marine, aviation, parking and Clearwater Harbor Marina functions.Schedule 17City of Clearwater, FloridaOperating Indicators by Function/ProgramLast Ten Fiscal Years162 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 Function/Program Public safety Fire Stations 8 8 8 8 8888 8 8 Police Stations 5 6 6 6 6777 6 6 Transportation Paved streets (miles) 314 315 316 316 320 321 322 322 324 327 Culture and recreation Library system Volumes in collection (thousands) 606 601 598 581 582 564 519 528 469 473 Parks and recreation Parks acreage 1427 1427 1427 1427 1453 1455 1457 1457 1457 1457 Recreational paths (miles) 16 16 16 16 18 22 22 22 22 22 Playgrounds 29 27 27 27 27 27 27 26 26 26 Baseball and softball fields 32 32 32 34 32 32 32 32 32 32 Soccer and football fields 20 20 20 18 20 20 20 21 21 21 Recreation centers 6 5 5 5 5555 6 6 Water & Sewer Utility Water mains (miles) 592 592 591 590 597 589 588 585 583 586 Sanitary sewer mains (miles) 363 363 363 363 364 364 369 370 370 370 Daily treatment capacity (millions of gallons)29 29 29 29 29 29 29 29 29 29 Gas Utility Gas mains (miles) 826 830 843 849 862 884 908 930 965 994 Stormwater Utility Stormwater mains (miles) 148 148 150 150 151 153 154 154 154 154 Marine Boat slips 207 207 203 189 189 189 189 189 189 190 Clearwater Harbor Marina Boat slips 126 126 126 126 126 126 126 126 126 126 Aviation Airpark spaces 177 177 177 177 177 177 177 177 177 177 Parking system Parking spaces 3297 2475 a 2460 2319 2232 2312 2302 2345 2462 3073 a The decrease in parking spaces for fiscal 2011 was due to the loss of Sand Key Park and a management decision to not charge for certain lots. b The increase in parking spaces for fiscal 2019 was due primarily to the addition of spaces at the Seminole Boat Ramp and the North Beach Parking Plaza. Sources: Various city departments Note: No capital asset indicators are available for the general government, physical environment, economic environment, human services, solid waste and recycling functions. Schedule 18 City of Clearwater, Florida Capital Asset Statistics by Function/Program Last Ten Fiscal Years 163 164 This Page Intentionally Left Blank 165 Other Information 166 Page 1 of 5 City of Clearwater, Florida Continuing Disclosure – Gas System Revenue Bonds Series 2013 and 2014 The System: Rates, Fees and Charges The City Council has established a schedule of rates and charges by ordinance, which includes a purchased gas cost adjustment provision allowing the City to pass-through to customers any increase or decrease in the purchased price of gas. The City is not subject to regulation by any State agency in establishing or revising its rates. Where competitive fuel sources or transportation service are available to the customer, the City Council has authorized the City Manager to enter into contract gas service rates at special rates and/or conditions as required to obtain/retain the customer load. Such contract service must meet the normal construction feasibility formula to insure profitable payback to the City. For the fiscal year ending September 30, 2019, contract rates applied to an average of 172 customer accounts per month and impacted 6.0% of total revenues. The rates charged by the System through September 30, 1996, were part of the Phase I Gas Rate Case implemented October 1, 1995, which was based on a comprehensive cost of service study performed by the Utility Advisory Services Group of the international accounting firm of Coopers & Lybrand, LLP (the “Rate Study”). This Phase I implementation resulted in an extensive overhaul of the Gas System customer rates, providing numerous classes of service and a modernized billing methodology. The new rates, effective October 1, 1996, were designed to be industry-based and responsive to the competitive energy challenges. The goal of the Rate Study was to establish rates which would be fair to all classes of customers, provide funding to implement planned expansion in both existing northern Pinellas County services area and into the newly acquired southwestern Pasco service area, and provide an adequate growth potential in return to the City of Clearwater to further offset the ad valorem tax rates (current impact is about 0.5 mills). As the result of experiences during the first seven months of the Phase I implementation, adjustments made to the Phase II rates were implemented October 1, 1996, and additional adjustments (Phase III) were implemented effective October 1, 1997. The total projected impact of both new phases of the rate case was $1.05 million, or less than 7.9% of total gas sales revenues. The rate ordinance containing the Phase II and Phase III rate changes was approved by the City Council on June 6, 1996. Gas rates for customer charges were increased effective April 1, 2005. The total estimated annual impact of this rate increase was $373,352. New rates, effective October 1, 2008, were designed to recover the costs of providing service to respective classes of customers. The goal of the “Cost of Service and Rate Study” was to establish rates which would be sufficient to meet Clearwater Gas System’s total revenue requirements and reflect cost of service consideration and practical rate implementation constraints as required. CLEARWATER GAS SYSTEMNATURAL GAS RATE BILLING FACTORSFOR JUNE 1, 2019 - SEPTEMBER 30, 2019 BASED ON APPROVED GAS ADJUSTMENT FACTORSInterr. Contract Firm Natural Gas Rate Schedules NG RateNG Rate RS SMF MMF LMF SGS MGS LGS RAC GAC LAC SL SL w/M& NGV NSS IS CNS Relight(Non-Resl) (Non-Resl)Applicable Annual Therm Range NA (1 - NA (4 + NA (4 + NA (4 + 0 - 18,000- 100,000 NA (1 - NA (0 - NA (150 NA NA NA NA 100,000 NA or Other Rate Determinant 3 Units) Units) Units) Units) 17,999 99,999 & up 3 Units) 149 tons) tons & +)& upMonthly Customer Charge $12.00 $25.00 $40.00 $95.00 $25.00 $40.00 $95.00 $12.00 $25.00 $40.00 $20.00 $20.00 By Contract $50.00 $250.00 By Contract(For Central Pasco Territory) ($20.00) ($40.00) ($70.00) ($160.00) ($40.00) ($70.00) ($160.00) ($20.00) ($40.00) ($70.00) ($30.00) ($30.00) (By Contract) ($75.00) $400.00 (By Contract)if not prev. if not prev. if not prev.Non-Fuel Energy Charge/Thermbilled billed billedNon-Fuel Energy Charge $0.44 $0.44 $0.44 $0.44 $0.42 $0.38 $0.34 $0.20 $0.15 $0.10 $0.20 $0.35 By Contract $0.42 $0.24 By ContractEnergy Conservation Adj. (ECA) 0.29 0.29 0.29 0.29 0.29 0.29 0.29 NA NA NANA NA NA NA NA NARegulatory Imposition Adj. (RIA) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 NA NANANA NA NA NA NA NAUsage & Inflation Adj. (UIA)0.030.030.030.030.040.040.04NANANANANANANANANATotal Non-Fuel Energy Charge$0.76 $0.76 $0.76 $0.76 $0.75 $0.71 $0.67 $0.20 $0.15 $0.10 $0.20 $0.35By Contract$0.42 $0.24By ContractPurchased Gas Adjustment (PGA)0.890.890.890.890.890.890.890.890.890.890.890.890.790.890.790.79Total Energy Charge/Therm1.65 1.65 1.65 1.65 1.64 1.60 1.56 1.09 1.04 0.99 1.09 1.24 0.79 1.31 1.03 0.79+ Non-Fuel + Non-FuelMinimum Monthly Bill $12.00 $25.00 $40.00 $95.00 $25.00 $40.00 $95.00 $12.00 $25.00 $40.00 $20.00 $20.00 By Contract $50.00 $250.00 Customer(For Central Pasco Territory) ($20.00) ($40.00) ($70.00) ($160.00) ($40.00) ($70.00) ($160.00) ($20.00) ($40.00) ($70.00) ($30.00) ($30.00) (By Contract) ($75.00) $400.00 Charge +@ premise @ premise @ premise + FAC + FAC + FAC + FAC + Non-Fuel ThermNon-Fuel ThermRate for Contract Rate for Contract# of Therms # of ThermsCompares to LP/Gallon Rate of 1.51$ 1.51$ 1.51$ 1.51$ 1.50$ 1.46$ 1.43$ 1.00$ 0.95$ 0.91$ 1.00$ 1.13$ 0.72$ 1.20$ 0.94$ with 6.0% Franchise1.60$ 1.60$ 1.60$ 1.60$ 1.59$ 1.55$ 1.51$ 1.06$ 1.01$ 0.96$ 1.06$ 1.20$ 0.77$ 1.27$ 1.00$ Change from 9/2014 Therm Rate(0.10)$ (0.10)$ (0.10)$ (0.10)$ (0.07)$ (0.05)$ (0.03)$ (0.05)$ (0.05)$ (0.05)$ (0.05)$ (0.05)$ (0.06)$ (0.09)$ (0.10)$ (0.06)$ % Change from 9/2014 Therm Rate-4.4% -4.4% -4.4% -4.4% -3.3% -2.4% -1.5% -2.7% -2.7% -2.8% -2.7% -2.5% -3.4% -4.2% -5.7% -4.1%Utility Tax Note:Fuel Rate per Therm 10/01/1973 $0.069 $0.069 $0.069 $0.069 $0.069 $0.069 $0.069 $0.069 $0.069 $0.069 $0.069 $0.069 $0.069 $0.069 $0.055 $0.069Non-Utility Taxable Fuel/Therm $0.821 $0.821 $0.821 $0.821 $0.821 $0.821 $0.821 $0.821 $0.821 $0.821 $0.821 $0.821 $0.721 $0.821 $0.735 $0.721BTU FACTOR = THERMS/100 CUBIC FEET (CCF) 10/201811/201812/201801/201902/201903/201904/201905/201906/201907/201908/201909/2019FY 18/19 Avg.Firm Service Rates 1.044 1.044 1.046 1.047 1.044 1.044 1.043 1.042 1.0431.043 1.045 1.0461.04425Interruptible Service Rates 1.023 1.024 1.025 1.026 1.023 1.024 1.023 1.021 1.022 1.023 1.024 1.0261.023666667City of Clearwater, Florida Continuing Disclosure - Gas System Revenue Bonds Page 2 of 5 Series 2013 and 2014__________________________________________________________ 167 Page 3 of 5 Table 1 Breakdown of Transportation Capacity Phase II (FTS-1) Phase III (FTS-2) Total MMBtu Per Day MMBtu Per Day MMBtu Contract Period 2/01/17 - 1/31/27 2/1/14 - 2/28/25 Per Day October 170,438 41,788 212,226 Nov-Mar 1,543,069 268,931 1,812,000 April 216,570 53,430 270,000 May-Sept 711,756 206,244 918,000 Total Annual 2,641,833 570,393 3,212,226 The two natural gas transmission companies that serve within the State of Florida are Florida Gas Transmission (FGT) and Gulfstream. Currently FGT is the sole provider of transportation service to the City. FGT is owned by Citrus Corp. Citrus Corp is owned 50% by Energy Transfer Partners, LLC AND 50% by Kinder Morgan, Inc. FGT is operated by Panhandle Energy, a subsidiary of Energy Transfer Partners. The City joined Florida Gas Utility (FGU) in October 2000 by Resolution 00-35. FGU is responsible for the purchase & management of the City's natural gas supply. An updated All Requirements Gas Service Agreement, which was approved by Resolution 02-02 in January 2002, required the City to purchase 100% of its supply through FGU. FGU was formed through an Interlocal Agreement among its members. The Interlocal Agreement became effective on September 1, 1989 and consisted of five municipal utilities. Over the next several years, additional electric and gas distribution utilities joined FGU, bringing its current membership to 23. In addition, the City has entered into a Gas Supply & Transportation Agreement with Peoples Gas System (PGS), dated 12/02/04, to purchase natural gas to serve customers located in our Central Pasco territory, generally east of the Suncoast Parkway in Pasco County. The City received a letter from FGU Council, dated 8/31/04, granting the City permission to utilize TECO Peoples Gas as a third party gas supplier since FGU is unable and unwilling to provide gas to the City within the meaning of the provisions of Section 3 (a)(i) and (ii) of the All Requirements Gas Service Agreement between the City and FGU. The City has two Firm Transportation Service agreements (FTS-1 & FTS-2) with FGT in order to deliver natural gas to the City's four gate stations. FGU is currently managing the City's Phase II (FTS-1) and Phase III (FTS-2) transportation capacity on a daily basis. Table 1 shows the breakdown of the City's annual gas supply entitlements with FGT. The total annual entitlement is 3,212,226 decatherms of natural gas transportation. City of Clearwater, Florida Continuing Disclosure - Gas System Revenue Bonds Series 2013 and 2014 GAS SUPPLY On August 1, 1990, the Federal Energy Regulatory Commission (FERC) deregulated the natural gas pipeline industry. This allows other natural gas suppliers and local distribution companies, like the City of Clearwater, to transport gas over the Florida Gas Transmission (FGT) pipelines as opposed to purchasing natural gas supply from only FGT. 168 169 Page 4 of 5 City of Clearwater, Florida Continuing Disclosure – Gas System Revenue Bonds Series 2013 and 2014 Service Area The Clearwater Gas System (CGS) is owned and operated as an enterprise utility by the City of Clearwater. CGS operates over 994 miles of underground gas main and handles the supply and distribution of both natural and propane (LP) gas throughout northern Pinellas County and western Pasco County. As a “full service” gas utility, CGS provides gas appliance sales, installation of inside customer gas piping, domestic and commercial gas equipment service, construction and maintenance of underground gas mains and service lines, and 24-hour response to any gas emergency within the service area. The Florida Public Service Commission and the Federal Department of Transportation regulate CGS for safety. CGS has been serving customers in the Clearwater area for over 96 years (since 1923) when operations began with a manufactured gas plant operation from coal and coke. In 1959, when natural gas transmission lines were finally extended to the Florida peninsula, CGS discontinued manufacturing gas and began receiving piped natural gas from Florida Gas Transmission. Clearwater Gas System serves over 25,552 customers in a 330 square mile service territory, which includes 20 municipalities as well as the unincorporated areas of northern Pinellas County and western Pasco County. The Pinellas County service territory is 158 square miles and extends generally from Ulmerton and Walsingham Roads on the south to the Pasco County line on the north and from the Gulf of Mexico on the West to the Hillsborough County line on the east. This includes all of the Pinellas beach communities south to Redington Beach. The Pasco County service territory is 172 square miles and extends from the Gulf of Mexico on the West inland about 20 miles to just east of State Road 41 and Land O’ Lakes and from the Pinellas and Hillsborough County lines on the South to generally State Road 52 on the north. The CGS service territory extends 42.3 miles from the southwestern-most to the northwestern-most points. Clearwater Gas System prides itself in being a competitive and public service-minded utility, providing safe, economical and environmentally-friendly gas, which is made in America, available in our communities for all of the homes and businesses in our service area, with special focus on the residential customers who make up 90% of our customer base. Page 5 of 5 City of Clearwater, Florida Continuing Disclosure - Gas System Revenue Bonds Series 2013 and 2014 Location Meters Percentage Belleair 518 2.11% Belleair Beach 243 0.99% Belleair Bluffs 43 0.18% Belleair Shores 34 0.14% Clearwater 7,332 29.93% Dunedin 1,423 5.81% Indian Rocks Beach 158 0.64% Indian Shores 141 0.58% Largo 1,130 4.61% New Port Richey 77 0.31% North Redington Beach 68 0.28% Oldsmar 154 0.63% Port Richey 18 0.07% Redington Beach 199 0.81% Redington Shores 95 0.39% Safety Harbor 700 2.86% Tarpon Springs 1,627 6.64% Unincorporated Areas Pasco 4,856 19.82% Central Pasco 2,378 9.70% Unincorporated Areas Pinellas 3,309 13.50% Total 24,503 100.00% Peak Monthly % of Gross Customer Name Therms Revenues New Port Richey Hospital, Inc. 69,774.0 2.02% Metal Industries 123,628.5 1.83% Ajax Paving Industries 142,437.6 1.82% Morton Plant Hospital 101,306.7 1.61% CNG Filling Station 58,317.8 1.46% Average No. Gas Gas Customers Volume Sales Interruptible (including CNG Station) 19 31.01% 14.91% Residential 22,011 15.31% 26.26% Commercial (excluding CNG Station) 2,473 53.68% 58.83% Therms Revenues Interruptible (including CNG Station) 7,973,368.2 5,429,359$ Residential 3,936,023.1 9,560,722 Commercial (excluding CNG Station) 13,802,676.4 21,423,417 Totals 25,712,067.7 36,413,498$ As of September 30, 2019 the System's active natural gas customers were located as shown in the following table: The following table shows the five largest interruptible customers by peak monthly consumption and the percent of the System's revenues derived from such customers during the 12 months ending September 30, 2019: The following table shows the breakdown of the System's customers by category as well as the volume of gas sold and the sales revenues generated by each category for the year ended September 30, 2019: 170 171 Page 1 of 3 City of Clearwater, Florida Continuing Disclosure – Water and Sewer Revenue Refunding Bonds Series 2011, 2014, 2017 and 2017B; and Revenue Bonds Series 2009A Historical Financial Information Water System: Source and Volume of Water Pumped (in million gallons per day, averaged over the fiscal year) FY City Wells County Total 2015 7.0 5.1 12.1 2016 8.0 3.7 11.7 2017 6.8 5.1 11.9 2018 6.4 5.0 11.4 2019 6.9 4.3 11.2 Historical Growth in Number of Water Customers (all figures are as of September of the year indicated) Potable Reclaimed Total Water Water Water Service Service Service FY Customers Customers Customers 2015 37,018 7,218 44,236 2016 37,302 7,441 44,743 2017 37,598 7,677 45,275 2018 37,773 7,713 45,486 2019 37,848 7,739 45,587 Ten Largest Water Customers Fiscal Year Ending September 30, 2019 Water Used Revenues Name of User (in 100 Cubic Feet) Produced 1. CITY OF CLEARWATER 88,386 1,203,026$ 2. CHURCH OF SCIENTOLOGY 124,419 913,776 3. MORTON PLANT HOSPITAL 89,956 804,079 4. PINELLAS COUNTY SCHOOLS 36,087 437,889 5. K&P CLEARWATER ESTATE LLC 29,334 258,348 6. PINELLAS COUNTY GOVERNMENT 13,521 240,944 7. SHERATON SAND KEY 34,641 212,417 8. THE SANDPEARL RESORT 29,256 208,216 9. CP CLEARWATER 31,277 187,024 10. MADISON PLACE CLEARWATER 26,111 182,288 502,988 4,648,007$ Reclaimed Water System: Daily Flow Year MGD 2015 4.7 2016 5.2 2017 6.4 2018 5.5 2019 5.7 172 Page 2 of 3 City of Clearwater, Florida Continuing Disclosure – Water and Sewer Revenue Refunding Bonds Series 2011, 2014, 2017 and 2017B; and Revenue Bonds Series 2009A Sewer System: Average Sewage Flow and Historical Growth in Number of Sewer Customers (as of September of the year indicated) Sewer Year Flow in MGD Customers 2015 13.8 33,390 2016 13.5 33,763 2017 12.5 33,947 2018 12.5 34,111 2019 12.8 34,183 Ten Largest Sewer Customers Fiscal Year Ending September 30, 2019 Sewer Used Revenues Name of User (in 100 Cubic Feet) Produced 1. MORTON PLANT HOSPITAL 85,810 856,047$ 2. CITY OF CLEARWATER 40,232 728,654 3. CHURCH OF SCIENTOLOGY 89,863 716,131 4. PINELLAS COUNTY SCHOOLS 35,468 559,410 5. SHERATON SAND KEY 34,641 269,790 6. K&P CLEARWATER ESTATE 29,333 265,461 7. CP CLEARWATER 31,277 247,632 8. PINELLAS COUNTY GOVERNMENT 9,619 232,922 9. CLEARWATER HOUSING AUTHORITY 25,629 227,342 10. CCRC REGENCY OAKS 24,345 225,563 406,217 4,328,952$ Rates, Fees and Charges The City uses a three-tiered rate structure for water and sewer usage. The base rate for water includes a minimum usage for residential and nonresidential water rates. Any usage over the minimum is billed at one rate per 1,000 gallons up to a designated level and at a second rate for usage over that level. For irrigation, there is a base rate, with no usage allowance, and a charge per 1,000 gallons of water usage up to a designated level and a higher charge for usage over that amount. The sewer base rate includes a minimum usage and a fixed charge per 1,000 gallons of water usage over the basic allowance. The minimum usage and second and third tier usage levels vary with the size of the meters. For fiscal year 2019 there were no changes to the three- tiered rate structure for water or sewer usage. 173 Page 3 of 3 City of Clearwater, Florida Continuing Disclosure – Water and Sewer Revenue Refunding Bonds Series 2011, 2014, 2017 and 2017B; and Revenue Bonds Series 2009A Residential and October 1, October 1, October 1, October 1, October 1, Nonresidential Water Rates 2015 2016 2017 2018 2019 Minimum - Under 1 inch 19.44$ 20.16$ 21.42$ 22.29$ 23.16$ 1 inch 45.36 47.04 49.98 52.01 54.04 1.5 inch 648.00 672.00 714.00 743.00 772.00 2 inch 1,509.88 1,565.76 1,663.62 1,731.19 1,798.76 3 or 2 inch manifold 2,326.39 2,412.48 2,563.26 2,667.37 2,771.48 4 inch 4,477.77 4,643.52 4,933.74 5,134.13 5,334.52 6 inch 11,502.25 11,928.00 12,673.50 13,188.25 13,703.00 8 inch 19,440.44 20,160.00 21,420.00 22,290.00 23,160.00 Additional charges are assessed for usage in excess of designated minimums. Size of Meter Rates for Irrigation October 1, October 1, October 1, October 1, October 1, (Lawn) Meters 2015 2016 2017 2018 2019 Minimum - Under 1 inch 6.93$ 7.19$ 7.64$ 7.94$ 8.26$ 1 inch 20.80 21.58 22.93 23.85 24.80 1.5 inch 104.07 107.97 114.72 119.31 124.08 2 inch 291.39 302.32 321.22 334.06 347.43 3 or 2 inch manifold 575.83 597.42 634.76 660.15 686.56 4 inch 1,110.04 1,151.67 1,223.65 1,272.60 1,323.50 6 inch 3,350.95 3,476.61 3,693.90 3,841.65 3,995.32 Size of Meter October 1, October 1, October 1, October 1, October 1, Sewer Rates 2015 2016 2017 2018 2019 Minimum - Under 1 inch 26.76$ 27.75$ 29.49$ 30.66$ 31.89$ 1 inch 62.44 64.75 68.81 71.54 74.41 1.5 inch 892.00 925.00 983.00 1,022.00 1,063.00 2 inch 2,078.36 2,155.25 2,290.39 2,381.26 2,476.79 3 or 2 inch manifold 3,202.28 3,320.75 3,528.97 3,668.98 3,816.17 4 inch 6,163.72 6,391.75 6,792.53 7,062.02 7,345.33 6 inch 15,833.00 16,418.75 17,448.25 18,140.50 18,868.25 8 inch 26,760.00 27,750.00 29,490.00 30,660.00 31,890.00 Per 1,000 gallons of water used over the allowed minimum 8.92 9.25 9.83 10.22 10.63 Size of Meter Additional Indebtedness No additional indebtedness was incurred for capital improvements to the water and sewer systems. No additional indebtedness was incurred for the lease purchase of capital equipment. 174 Page 1 of 1 City of Clearwater, Florida Continuing Disclosure – Stormwater System Revenue Refunding Bonds Series 2012, 2013 and 2014 Rates, Fees, and Charges The City uses a measurement of one equivalent residential unit or ERU as the basis for the stormwater management utility fee. The rates per ERU from the inception of the utility are as follows: Effective Date Rate per ERU Effective Date Rate per ERU January 1, 1991 $3.00 October 1, 2009 $11.80 October 1, 1998 4.00 October 1, 2010 12.51 October 1, 1999 4.17 October 1, 2011 13.04 October 1, 2000 4.35 October 1, 2012 13.40 October 1, 2001 4.54 October 1, 2013 13.77 January 1, 2002 6.13 October 1, 2014 14.15 October 1, 2002 7.16 October 1, 2015 14.33 October 1, 2003 8.01 October 1, 2016 14.51 October 1, 2004 8.65 October 1, 2017 14.58 October 1, 2005 9.35 October 1, 2018 14.65 October 1, 2006 9.71 October 1, 2019 13.40 October 1, 2007 10.51 October 1, 2020 13.40 October 1, 2008 11.14 Single-family homes, multifamily units, condominium units, apartments and mobile homes are rated as one ERU per dwelling unit. Nonresidential property is charged at the rate of 1,830 square feet of impervious area per ERU. HISTORICAL NET REVENUES 2015 2016 2017 2018 2019 Net Operating Revenues (Excluding Depreciation) 5,916,286$ 8,386,312$ 9,528,117$ 10,611,921$ 11,721,958$ Interest Income and other Non-operating Revenues (Expenses) 677,829 437,129 114,729 (4,642) 1,786,699 Total Net Revenues 6,594,115$ 8,823,441$ 9,642,846$ 10,607,279$ 13,508,657$ Maximum Annual Debt Service 2,568,762$ 2,568,762$ 2,568,762$ 2,568,762$ 2,568,762$ Coverage 2.68 3.48 3.80 4.17 5.05 175 City of Clearwater, Florida Fire Services Program Pursuant to agreements between the City of Clearwater, the Pinellas County Fire Authority and the Pinellas County Emergency Medical Services Authority, the City has provided fire and emergency medical services to the respective authorities. With respect to fire services, the services are provided for the benefit of properties located outside the corporate limits of the City, but within a designated service area. Emergency medical services are provided for the benefit of persons residing both inside and outside the corporate limits of the City, based on the Authority's nearest unit dispatch policy. With respect to the Fire Services Program, a budget was prepared by Fire Department personnel covering proposed expenditures for fiscal year ending September 30, 2019, for the Fire Department as a whole. Since the funding for the Emergency Medical Services Program is based on the level fixed in prior years, the Fire Services Program budget is essentially the residual obtained by deducting the approved level of funding for the Emergency Medical Services Program from the budgeted amounts included in the total Fire Department budget. This budget was submitted to, and duly approved by, the relevant Authority prior to the commencement of the fiscal year. Income received from Pinellas County Fire Protection Authority and valid program expenditures for the Fire Services Program for the fiscal year ended September 30, 2018 are summarized below. Total Revenue Received from Pinellas County Fire Protection Authority 2,204,826$ Total Fire Service Expenditures for Fiscal Year Ended September 30, 2019 20,396,929$ The Fire Service Program does not currently utilize an equipment reserve. 176 This Page Intentionally Left Blank 177 Single Audit / Grants Compliance 178 This Page Intentionally Left Blank ReportofIndependentAuditoronInternalControloverFinancialReporting andonComplianceandOtherMattersBasedonanAuditofFinancialStatements PerformedinAccordancewithGovernmentAuditingStandards To the Honorable Mayor and City Council Members City of Clearwater, Florida We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the governmental activities, the business- type activities, each major fund, and the aggregate remaining fund information of the City of Clearwater, Florida (the “City”) as of and for the year ended September 30, 2019, and the related notes to the financial statements, which collectively comprise the City’s basic financial statements and have issued our report thereon dated March 26, 2020. We have also audited the financial statements of each of the City’s nonmajor governmental funds, nonmajor enterprise funds, internal service funds, and fiduciary funds presented as supplementary information in the accompanying combining and individual fund statements as of and for the year ended September 30, 2019, as listed in the table of contents. InternalControloverFinancialReporting In planning and performing our audits of the financial statements, we considered the City’s internal control over financial reporting (“internal control”) to determine the audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control. Accordingly, we do not express an opinion on the effectiveness of the City’s internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control such that there is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies. However, material weaknesses may exist that have not been identified. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. ComplianceandOtherMatters As part of obtaining reasonable assurance about whether the City’s financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. 179 PurposeofthisReport The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose. Tampa, Florida March 26, 2020 180 ReportofIndependentAuditoronComplianceforEachMajorFederalProgramand StateFinancialAssistanceProject,andonInternalControloverComplianceRequired bytheUniformGuidanceandChapter10.550,RulesoftheAuditorGeneral To the Honorable Mayor and City Council Members City of Clearwater, Florida ReportonComplianceforEachMajorFederalProgramandStateFinancialAssistanceProject We have audited the City of Clearwater, Florida’s (the “City”) compliance with the types of compliance requirements described in the OMB Compliance Supplement and the requirements described in the Florida Department of Financial Services, State Projects Compliance Supplement that could have direct and material effect on each of its major federal programs and state financial assistance projects for the year ended September 30, 2019. The City’s major federal programs and state financial assistance projects are identified in the summary of auditor’s results section of the accompanying schedule of findings and questioned costs. Management’sResponsibility Management is responsible for compliance with the requirements of laws, regulations, contracts, and grants applicable to its federal programs and state assistance projects. Auditor’sResponsibility Our responsibility is to express an opinion on compliance for each of the City’s major federal programs and state financial assistance projects based on our audit of the types of compliance requirements referred to above. We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and the audit requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (“Uniform Guidance”) and Chapter 10.550, Rules of the Auditor General (“Chapter 10.550”). Those standards, the Uniform Guidance and Chapter 10.550 require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements referred to above that could have a direct and material effect on a major federal program and state financial assistance project occurred. An audit includes examining, on a test basis, evidence about the City’s compliance with those requirements and performing such other procedures as we considered necessary in the circumstances. We believe that our audit provides a reasonable basis for our opinion on compliance for each major federal program and state financial assistance project. However, our audit does not provide a legal determination of the City's compliance. OpiniononEachMajorFederalProgramsandStateFinancialAssistanceProjects In our opinion, the City complied, in all material respects, with the types of compliance requirements referred to above that could have a direct and material effect on each of its major federal programs and state financial assistance projects for the year ended September 30, 2019. 181 ReportonInternalControloverCompliance Management of the City is responsible for establishing and maintaining effective internal control over compliance with the types of compliance requirements referred to above. In planning and performing our audit of compliance, we considered the City’s internal control over compliance with the types of requirements that could have a direct and material effect on each major federal program and state financial assistance project to determine the auditing procedures that are appropriate in the circumstances for the purpose of expressing an opinion on compliance for each major federal program and state financial assistance project and to test and report on internal control over compliance in accordance with the Uniform Guidance and Chapter 10.550, but not for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, we do not express an opinion on the effectiveness of the City’s internal control over compliance. A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, noncompliance with a type of compliance requirement of a federal program or state financial assistance project on a timely basis. A material weakness in internal control over compliance is a deficiency, or combination of deficiencies, in internal control over compliance, such that there is a reasonable possibility that material noncompliance with a type of compliance requirement of a federal program or state financial assistance project will not be prevented, or detected and corrected, on a timely basis. A significant deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance with a type of compliance requirement of a federal program or state financial assistance project that is less severe than a material weakness in internal control over compliance, yet important enough to merit attention by those charged with governance. Our consideration of internal control over compliance was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control over compliance that might be material weaknesses or significant deficiencies. We did not identify any deficiencies in internal control over compliance that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified. The purpose of this report on internal control over compliance is solely to describe the scope of our testing of internal control over compliance and the results of that testing based on the requirements of the Uniform Guidance and Chapter 10.550. Accordingly, this report is not suitable for any other purpose. Tampa, Florida March 26, 2020 182 Federal Grantor / Federal Pass‐through Grantor / CFDA Share of Transfers to Program Title Number Grant I.D. Number Expenditures Subrecipients FEDERAL AWARDS U.S. Department of Housing and Urban Development: Community Development Block Grant - Entitlement 14.218 B‐16‐MC‐12‐0002 88,679 87,803 14.218 B‐17‐MC‐12‐0002 477,898 303,789 14.218 B‐18‐MC‐12‐0002 429,732 73,277 14.218 996,309 464,869 Home Investment Partnerships Program 14.239 M‐17‐MC‐12‐0230 123,675 66,743 14.239 M‐18‐MC‐12‐0230 93,600 58,412 14.239 Program Income 263,245 260,604 14.239 480,520 385,759 Total U.S. Department of Housing and Urban Development 1,476,829 850,628 U.S. Department of the Interior: Fish and Wildlife Service Clean Vessel Act Passed through Florida Dept of Environmental Protection 15.616 DEP Agreement MV192 CVA18‐891 2,361 Clean Vessel Act Total U.S. Department of the Interior 2,361 ‐ U.S. Department of Justice: Federal Forfeiture Sharing 16.000 FL0520300 60,323 2017 Edward Byrne JAG/Laser Stop Sticks 16.738 Project 20147‐DJ‐BX‐0791 46,977 Passed through Florida Department of Law Enforcement Mental Health Check Team Project 16.738 2019‐JAGC‐Pine‐1‐N2‐117 10,569 Bulletproof Vest Partnership Program 16.607 2018BOBX18093456 15,050 Total U.S. Department of Justice 132,919 ‐ U.S. Department of Transportation: Federal Highway Administration Passed through Florida Dept of Transportation: Druid Trail Phase IV from South of Evergreen to Duke Energy Trail 20.205 Contract #G0L75 631,691 Passed through Florida Dept of Transportation: Federal-Aid Highway Program - HVE for Pedestrian & Bicycle Safety 20.205 Contract #G0O23 49,762 Total U.S. Department of Transportation 681,453 ‐ U.S. Dept of Health & Human Services Centers for Disease and Control Passed through Florida Department of Health 93.758 Contract #COHS2 2,500 Passed through Florida Department of Health 93.758 Contract #COHS2 2,500 Total U.S. Dept of Health & Human Services 5,000 ‐ U.S. Department of Homeland Securities Passed through the Florida Division of Emergency Management Disaster Grants - Public Assistance (Presidentially Declared Disasters)97.036 Hurricane Irma 1,694,925 Total U.S. Dept of Health & Human Services 1,694,925 ‐ Total Federal Financial Assistance 3,993,487$ 850,628$ City of Clearwater, Florida Schedule of Expenditures of Federal Awards and State Financial Assistance Projects For the Year Ended September 30, 2019 183 State Grantor / State Pass‐through Grantor / CSFA Share of Transfers to Program Title Number Grant I.D. Number Expenditures (a) Subrecipients STATE FINANCIAL ASSISTANCE Florida Department of Environmental Protection: Florida Recreation Development Assistance Program 37.017 McMullen Tennis Courts 87,324 Total Florida Department of Environmental Protection 87,324 ‐ Florida Department of Community Affairs: Florida Housing Finance Corporation State Housing Initiative Partnership Program (SHIP)40.901 N/A 724,351 5,616 Total Florida Department of Community Affairs 724,351 5,616 Florida Department of Transportation: Airport Master Plan Study 55.004 FPN: 440471‐1‐94‐01 Contract Number: G0H27 13,508 Design Build Prefabricated Security Guard Building 55.004 FPN: 445636‐1‐94‐01 Contract Number G1941 14,906 Total Florida Department of Transportation 28,414 ‐ Florida Department of Revenue: Phillies Stadium 73.016 N/A 500,004 Total Florida Department of Revenue 500,004 ‐ Total State Financial Assistance 1,340,093$ 5,616$ Total Expenditures of Federal Awards and State Financial Assistance Projects 5,333,580$ 856,244$ City of Clearwater, Florida Schedule of Expenditures of Federal Awards and State Financial Assistance Projects - Continued For the Year Ended September 30, 2019 184 185 City of Clearwater, Florida Notes to Schedule of Expenditures of Federal Awards and State Financial Assistance Projects For the Year Ended September 30, 2019 NOTE 1 – Basis of Presentation (a) Reporting Entity The accompanying Schedule of Expenditures of Federal Awards and State Financial Assistance Projects (“Schedule”) presents the activity of all federal financial and state grant activity projects of the City of Clearwater, Florida (the “City”). Federal and state financial assistance received directly from federal and state agencies, and federal financial assistance passed through other governmental agencies are included on the schedules. The information in this schedule is presented in accordance with the requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance) and Chapter 10.550. (b) Disaster Grants – Public Assistance (Presidentially Declared Disaster) (97.036) After a Presidentially Declared Disaster, the Federal Emergency Management Agency (FEMA) provides a Public Assistance Grant to reimburse eligible costs associated with emergency response, debris removal, and eligible costs associated with repair, replacement, or restoration of disaster- damaged facilities. The Federal Government reimburses in the form of cost-shared grants. During fiscal 2019, FEMA approved $1,694,925 of eligible expenditures that were incurred in prior years and are included in the Schedule. NOTE 2 – Basis of Accounting The accompanying Schedule of Expenditures of Federal Awards and State Financial Assistance Projects is presented using the modified accrual or accrual basis of accounting, depending on the type of fund in which the grant is recorded, as described in Note I.C. to the City’s basic financial statements. NOTE 3 – CFDA/CSFA Numbers CFDA numbers represent Catalog of Federal Domestic Assistance and apply only to federal awards. CSFA numbers represent Catalog of State Financial Assistance and apply only to state financial assistance. NOTE 4 – Subrecipients Of the federal and state expenditures presented in the Schedule, the City provided federal and state awards to subrecipients as follows: Federal CFDA/ Amount Provided Program Title State CFSA To Subrecipients U.S. HUD Community Development Block Grant 14.218 $464,869 U.S. HUD Home Investment Partnerships Program 14.239 $385,759 Florida Housing Finance Corporation, State Housing Initiative Partnership Program 40.901 $ 5,616 186 City of Clearwater, Florida Notes to Schedule of Expenditures of Federal Awards and State Financial Assistance Projects For the Year Ended September 30, 2019 NOTE 5 – Loans Outstanding The current year additions related to the loans are included in the Schedule of Expenditures of Federal Awards and State Financial Assistance Projects. The City had the following loan balances outstanding, net of $11,906,926 allowance for uncollectable accounts, at September 30, 2019: 14.218 Community Development Block Grant $ 817,880 14.239 Home Investment Partnership Program 1,500,965 40.901 State Housing Initiative Partnership 2,056,705 $ 4,375,550 NOTE 6 – Indirect Cost Rate The City did not utilize the 10% de minimis indirect cost rates for reimbursement of grant expenditures for the fiscal year ended September 30, 2019. CITYOFCLEARWATER,FLORIDA SCHEDULEOFFINDINGSANDQUESTIONEDCOSTS YEARENDEDSEPTEMBER30,2019 PartI—Summaryofauditor’sresults FinancialStatementSection Type of auditor's report issued: Internal control over financial reporting: Material weakness(es) identified? yes x no Significant deficiency(ies) identified not considered to be material weakness(es)? yes x none reported Noncompliance material to financial statements noted yes x no FederalAwardsProgramsandStateProjectsSection Internal control over major programs: Material weakness(es) identified? yes x no Significant deficiency(ies) identified not considered to be material weakness(es)? yes x none reported Type of auditor's report on compliance for major federal and state programs: Any audit findings disclosed that are required to be reported in accordance with 2 CFR 200.516(a)? yes x no Any audit findings disclosed that are required to be reported in accordance with 10.550? yes x no Identification of major federal programs and state projects: Federal programs: CFDA Numbers 14.218 97.036 State projects: CSFA Numbers 40.901 Unmodified Unmodified Name of Program or Cluster Name of Project State Housing Initiatives Partnership Program Community Development Block Grants/Entitlement Grants Disaster Grants - Public Assistance (Presidentially Declared Disasters) 187 CITYOFCLEARWATER,FLORIDA SCHEDULEOFFINDINGSANDQUESTIONEDCOSTS(CONTINUED) YEARENDEDSEPTEMBER30,2019 PartI—Summaryofauditor’sresults(continued) PartII—Scheduleoffinancialstatementfindings This section identifies the significant deficiencies, material weaknesses, and instances of noncompliance related to the financial statements that are required to be reported in accordance with Government Auditing Standards. There were no findings required to be reported in accordance with Government Auditing Standards. PartIII—FindingsandquestionedcostsͲmajorfederalawardprograms This section identifies the significant deficiencies, material weaknesses, and material instances of noncompliance, including questioned costs, as well as any material abuse findings, related to the audit of major programs, as required to be reported by 2 CFR 200.516(a). There were no findings required to be reported in accordance with 2 CFR 200.516(a). PartIV—Findingsandquestionedcosts–majorstatefinancialassistanceprojects This section identifies the significant deficiencies, material weaknesses, and instances of noncompliance, including questioned costs, related to the audit of major state projects, as required to be reported by Chapter 10.550. There were no findings required to be reported in accordance with Chapter 10.550. Dollar threshold used to determine Type A programs: Federal programs State projects Auditee qualified as low-risk auditee for federal purposes? yes x no $ 402,027 $ 750,000 188 CITYOFCLEARWATER,FLORIDA SUMMARYOFPRIORAUDITFINDINGS YEARENDEDSEPTEMBER30,2018 Finding 2018-001: Material Weakness in Internal Controls Over the Local Housing Assistance Loans Receivable Finding: The City of Clearwater is responsible for establishing and maintaining internal controls over its financial close and reporting process that allows management or employees, in the normal course of performing their assigned functions, to prevent or detect and correct misstatements on a timely basis. During the year ended September 30, 2018, there were significant adjustments needed to correct the loan receivable balance in the SHIP Local Housing Assistance Trust and the Special Programs Fund. Status: Implemented. The City improved the reconciliation and review process for manually maintained spreadsheets related to the loan receivable balance. Finding 2018-002: Material Weakness in Internal Controls Over Preparation of the Schedule of Expenditures of Federal Awards and State Financial Assistance Projects Finding: The City of Clearwater is responsible for establishing and maintaining internal controls over its financial close and reporting process that allows management or employees, in the normal course of performing their assigned functions, to prevent or detect and correct misstatements on a timely basis. During the year ended September 30, 2018, there were two material omissions of a federal award and a state project from the schedule of expenditures of federal awards and state financial assistance projects. Status: Implemented. The City improved the reconciliation and review process between general ledger records and the schedule of expenditures of federal awards and state financial assistance projects. 189 190 This Page Intentionally Left Blank IndependentAuditor’sManagementLetter To the Honorable Mayor and City Council Members City of Clearwater, Florida ReportontheFinancialStatements We have audited the financial statements of the City of Clearwater, Florida (the "City"), as of and for the year ended September 30, 2019, and have issued our report thereon dated March 26, 2020. Auditor’sResponsibility We conducted our audit in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; the audit requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements of Federal Awards (“Uniform Guidance”); and Chapter 10.550, Rules of the Auditor General. OtherReportingRequirements We have issued our Report of Independent Auditor on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards; Report of Independent Auditor on Compliance for Each Major Federal Program and State Assistance Project and on Internal Control over Compliance Required by Uniform Guidance and Chapter 10.550, Rules of the Auditor General of the State of Florida; Schedule of Findings and Questioned Costs; and Report of Independent Accountant on Compliance with Local Government Investment Polices, regarding compliance in accordance with Chapter 10.550, Rules of the Auditor General. Disclosure in those reports and schedule, which are dated March 26, 2020, should be considered in conjunction with this management letter. PriorAuditFindings Section 10.554(1)(i)1., Rules of the Auditor General, requires that we determine whether or not corrective actions have been taken to address findings and recommendations made in the preceding annual financial audit report. No recommendations were made in the preceding annual financial audit report. OfficialTitleandLegalAuthority Section 10.554(1)(i)4., Rules of the Auditor General, requires that the name or official title and legal authority for the primary government and each component unit of the reporting entity be disclosed in this management letter, unless disclosed in the notes to the financial statements. Such disclosure is included in the notes to the financial statements. FinancialConditionandManagement Section 10.554(1)(i)5.a. and 10.556(7), Rules of the Auditor General, requires that we report the results of our determination as to whether or not the City has met one or more of the conditions described in Section 218.503(1), Florida Statutes, and identification of the specific condition(s) met. In connection with our audit, we determined that the City did not meet any of the conditions described in Section 218.503(1), Florida Statutes. Pursuant to Sections 10.554(1)(i)5.b. and 10.556(8), Rules of the Auditor General, we applied financial condition assessment procedures for the City. It is management’s responsibility to monitor the City’s financial condition, and our financial condition assessment was based in part on representations made by management and the review of financial information provided by same. 191 Section 10.554(1)(i)2., Rules of the Auditor General, requires that we address in the management letter any recommendations to improve financial management. In connection with our audit, we did not have any such recommendations. AdditionalMatters Section 10.554(1)(i)3., Rules of the Auditor General, requires that we address noncompliance with provisions of contracts or grant agreements, or abuse, that have occurred, or are likely to have occurred, that have an effect on the financial statement amounts that is less than material but warrants the attention of those charged with governance. In connection with our audit, we did not note any such findings. PurposeofthisLetter The purpose of this management letter is to communicate certain matters prescribed by Chapter 10.550, Rules of the Auditor General. Accordingly, this management letter is not suitable for any other purpose. Tampa, Florida March 26, 2020 192 ReportofIndependentAccountantonCompliance withLocalGovernmentInvestmentPolicies To the Honorable Mayor and City Council Members City of Clearwater, Florida We have examined the City of Clearwater, Florida’s (the “City”) compliance with the local government investment policy requirements of Section 218.415, Florida Statutes, during the year ended September 30, 2019. Management is responsible for the City’s compliance with the specified requirements. Our responsibility is to express an opinion on the City’s compliance with the specified requirements based on our examination. Our examination was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants. Those standards require that we plan and perform the examination to obtain reasonable assurance about whether the City complied, in all material respects, with the specified requirements referenced above. An examination involves performing procedures to obtain evidence about whether the City complied with the specified requirements. The nature, timing, and extent of the procedures selected depend on our judgment, including an assessment of the risks of material noncompliance, whether due to fraud or error. We believe that the evidence obtained is sufficient and appropriate to provide a reasonable basis for our opinion. Our examination does not provide a legal determination on the City’s compliance with the specified requirements. In our opinion, the City complied, in all material respects, with the local investment policy requirements of Section 218.415, Florida Statutes, during the year ended September 30, 2019. The purpose of this report is to comply with the audit requirements of Section 218.415, Florida Statutes, and Rules of the Auditor General. Tampa, Florida March 26, 2020 193 Amount Amount Received Expended in the in the 2014-15 2018-19 Source Fiscal Year Fiscal Year British Petroleum: Agreement No. Not Applicable $6,480,352 $370,418 City of Clearwater, Florida Note: This does not include funds related to the Deepwater Horizon Oil Spill that are considered Federal awards or State financial assistance. The City did not receive funds that were considered Federal funds or State financial assistance related to the Deepwater Horizon Oil Spill. Schedule of Receipts and Expenditures of Funds Related to the For the Fiscal Year Ended September 30, 2019 Deepwater Horizon Oil Spill 194 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8082 Agenda Date: 8/3/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 3.1 SUBJECT/RECOMMENDATION: Approve the Coronavirus Relief Fund (CRF) Subrecipient Agreement between the Florida Housing Finance Corporation and the City of Clearwater and authorize the appropriate officials to execute same. (consent) SUMMARY: The State of Florida has been awarded funds pursuant to, section 601(d) of the Social Security Act, as amended by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). A portion of these funds will be distributed by the Florida Housing Finance Corporation to local governments to assist individuals and families who have been financially impacted by the COVID-19 pandemic. The agreement allows $375,576 in CRF funds to be used for the following program purposes or activities: i.Rental assistance payments (including back rent, deposits and utility payments); ii.Mortgage payments and buydowns; iii.Emergency repair of housing; iv.Assistance to homeowners to pay insurance deductibles; v.Housing re-entry assistance, such as security deposits, utility deposits, and temporary storage of household furnishings; vi.Foreclosure or eviction prevention, including monthly rent and associated fees; and vii.Homeownership counseling. viii.10% of funds expended may be used for administration. Staff posted a Notice of Funding Availability (NOFA) in the Tampa Bay Times on August 2, 2020. Following approval of this item and the required ten-day notice period associated with the NOFA, the Economic Development and Housing Department will begin accepting applications for this funding. The funds will be disbursed in the order applications are received until the funds are depleted and in accordance with the rules and regulations established by the CRF Subrecipient Agreement. The agreement requires that funds not expended by December 31, 2020 must be returned to the Florida Housing Finance Corporation. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 7/30/2020 1 Agreement #106-2020 Coronavirus Relief Fund (CRF) Funding Agreement CORONAVIRUS RELIEF FUND (CRF) SUBRECIPIENT AGREEMENT THIS FUNDING AGREEMENT ("Agreement") is entered into by and among CITY OF CLEARWATER (“Subrecipient”), a local government that meets the State Housing Initiatives Partnership (“SHIP”) Program eligibility requirements, and FLORIDA HOUSING FINANCE CORPORATION (“Florida Housing”), a public body corporate and politic duly created and existing under the laws of the State of Florida. Upon execution by both parties, this Contract shall become effective as of the date the last party signs (“Effective Date”). WITNESSETH: WHEREAS, the Coronavirus (COVID-19) emergency has caused disruption in Florida’s economy leading to high rates of unemployment and business closures; WHEREAS, Many Floridians are in need of assistance with rental payments, mortgage payments and home repairs; WHEREAS, the State of Florida has been awarded funds pursuant to, section 601(d) of the Social Security Act, as amended by section 5001 of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, Pub. L. No. 116-136, div. A, Title V (Mar. 27, 2020); WHEREAS, a portion of the CARES Act Funds (designated the “Coronavirus Relief Funds or CRF funds”) will be distributed by Florida Housing to and administered by Eligible Local Governments (as defined herein) and expended only for purposes authorized by this Agreement; WHEREAS, the Subrecipient and Florida Housing wish to enter into this Agreement which will govern the disbursement and expenditure of CRF funds; NOW, THEREFORE, in consideration of the foregoing, the parties hereto agree as follows: A. Recitals: The recitals stated above are true and correct, are incorporated herein, and form an integral part of this Agreement. B. Definitions: 1. “Administrative Expenditures” means funds, not to exceed 10% of the allocation, expended by Subrecipient to carry out the activities of CRF. This expense may include salaries and benefits of staff, office supplies and equipment, required travel, advertising, recording costs. 2. “Annual income” means annual income as defined under the Section 8 housing assistance payments programs in 24 C.F.R. part 5; annual income as reported under the census long form for the recent available decennial census; or adjusted gross income as defined for purposes of reporting under Internal Revenue Service Form 1040 for individual federal annual income tax purposes.. 3. “Eligible Housing” means any real and personal property located within the county or eligible municipality which is designed and intended for the primary purpose of providing decent, 2 Agreement #106-2020 Coronavirus Relief Fund (CRF) Funding Agreement safe, and sanitary residential units that are designed to meet the standards of the Florida Building Code or previous building codes adopted under Chapter 553, Fla. Stat., or manufactured housing constructed after June 1994 and installed in accordance with the installation standards for mobile or manufactured homes contained in rules of the Department of Highway Safety and Motor Vehicles, for home ownership or rental for Eligible Persons as designated by Subrecipient. 4. “Eligible Local Government” means a local government in Florida that meets the SHIP Program eligibility requirements. 5. “Eligible Persons” or “Households” means one or more natural persons or a family determined by Subrecipient to be earning not more than 120% of the area median income according to the income limits adjusted to family size published annually by Florida Housing. 6. “Eligible Sponsor” means a person or a private or public for-profit or not-for-profit entity that applies for an award under CRF for the purpose of providing Eligible Housing for Eligible Persons. 7. “Expended” means the affordable housing activity is complete. 8. “Program Income” means proceeds derived from interest earned on or investment of the funds, proceeds from loan repayments, recycled funds, and all other income derived from use of CRF funds. 9. “Project Delivery Costs” means those costs related to the delivery of housing related services to an eligible applicant that are not included as part of Administrative Expenditures. 10. “Sub-Grantee” means a person or organization contracted by a Subrecipient that is compensated with CRF funds to provide administration of any portion of the CRF. C. Allocation and Use of Funds: 1. Amount of Funds Available to Subrecipient: The total funds made available to Subrecipient under this Agreement is: $375,576. 2. Disbursement of Funds to Eligible Subrecipients: The available funds will be disbursed to Subrecipient for activities described in Item C.4., below. Funds will be disbursed in up to two payments, the amount of each to be determined by Florida Housing. The first payment for the full amount In Item C.1. above will occur upon execution of this Agreement. Subject to the terms of this paragraph, a second payment may be disbursed no later than October 1, 2020. If Florida Housing determines that the Subrecipient has failed to make satisfactory progress in meeting the requirements of this Agreement or has otherwise failed to satisfactorily perform under the terms of this Agreement, the funds representing the second payment may be withheld by Florida Housing pending resolution of the issues giving rise to the lack of progress or failure to perform satisfactory to Florida Housing which may include a written plan to address the issues prepared by the Subrecipient and submitted to Florida Housing for approval. 3 Agreement #106-2020 Coronavirus Relief Fund (CRF) Funding Agreement 3. Establishment of CRF Trust Fund: Subrecipient must establish and maintain a CRF trust fund or a pooled account where CRF funds are clearly designated. 4. Expenditure of Funds by Subrecipient: CRF funds shall be Expended by Subrecipient for the following: a. Direct CRF Administrative Expenditures and Project Delivery Costs incurred on or after March 1, 2020 in an amount no more than a cumulative 10 percent of CRF funds incurred by Subrecipient, a consultant to Subrecipient, and/or a Sub-Grantee. CRF funds shall not be used to pay for Administrative Expenditures and Project Delivery Costs incurred prior to March 1, 2020. b. Housing counseling services, direct rental assistance, relocation costs and awards to assist Eligible Housing for Eligible Persons or Households or Eligible Sponsors. c. CRF funds may be used for the following pre-approved program purposes or activities: i. Rental assistance payments (including back rent, deposits and utility payments); ii. Mortgage payments and buydowns; iii. Emergency repair of housing; iv. Assistance to homeowners to pay insurance deductibles; v. Housing re-entry assistance, such as security deposits, utility deposits, and temporary storage of household furnishings; vi. Foreclosure or eviction prevention, including monthly rent and associated fees; and vii. Homeownership counseling. All other activities must be presented in writing to Florida Housing and approved in writing prior to implementation. 5. Term: The period of performance for this grant is March 1, 2020 – December 30, 2020. In executing this Agreement, Subrecipient is certifying that all CRF funds will be Expended by December 30, 2020. The term of this agreement will be from the Effective Date through March 31, 2021. 6. Advertisement of Availability of Funds: U CRF funding availability shall be advertised by Subrecipient in both a newspaper of general circulation and, where available, periodicals serving racially, ethnically and income diverse neighborhoods, at least 10 days before the beginning of the application period. This 10-day period does not prevent assistance to applicants that have already applied and been determined eligible prior to the application period. At a minimum, the advertisement shall contain: a. The amount of funds projected to be received from the state for the fiscal year(s). b. The beginning and ending date of the application period; c. The name of the contact person and other pertinent information where applicants may apply for assistance (phone number, address, email, and hours of operation); 7. Repayments: a. The Subrecipient shall only expend funding under this Agreement for allowable costs resulting from obligations incurred during the eligible period of performance. The Subrecipient shall ensure that its contractors, subcontractors, and consultants only 4 Agreement #106-2020 Coronavirus Relief Fund (CRF) Funding Agreement expend funding under this Agreement for allowable costs resulting from obligations incurred during the period of performance. b. The Subrecipient shall refund to Florida Housing any unobligated funds which have been advanced or paid to the Subrecipient upon termination of this Agreement. c. Any unexpended funds under this Agreement, including unexpended program income earned, must be returned to Florida Housing upon termination of this Agreement. d. Upon termination of this Agreement, or upon any determination made indicating such, the Subrecipient shall refund to Florida Housing any funds paid in excess of the amount to which the Subrecipient or its contractors, subcontractors, or consultants are entitled under the terms and conditions of this Agreement. e. The Subrecipient shall refund to Florida Housing any funds not spent in accordance with the conditions of this Agreement or applicable law. Such reimbursement shall be sent to Florida Housing within 30 calendar days from Subrecipient's receipt of notification of such non-compliance. f. The Subrecipient’s obligations under this section will survive the termination of the Agreement. 8. Performance under this Agreement is subject to 2 C.F.R Part 200, entitled “Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards.” 9. Single Audit Act: Funds payments are considered to be federal financial assistance subject to the Single Audit Act (31 U.S.C. §§ 7501-7507) and the related provisions of the Uniform Guidance. The Subrecipient shall conduct a single or program-specific audit in accordance with the provisions of 2 C.F.R. Part 200 and the related provisions of the Uniform Guidance, if it expends more than $750,000 or more in Federal awards from all sources during its fiscal year. The Catalog of Federal Domestic Assistance (CFDA) number for these funds is 21.019. D. Application for CRF Eligible Person or Household Assistance: Subrecipient shall establish criteria for CRF assistance and develop an application for CRF eligibility. a. The application for assistance should contain all the necessary information to determine whether an applicant household is potentially eligible for CRF assistance. In accordance with the provisions of Sections 760.20-760.37, Fla. Stat., it is unlawful to discriminate on the basis of race, religion, color, sex, familial status, national origin, or handicap in the award application process for Eligible Housing. b. At a minimum, an application for program assistance should contain the following items for each household members: i. The number of people residing in the household including name, age, relationship to head of household, current address and home phone number; ii. Name and address of employer(s), work phone number(s), position title and number of years on job with employer; iii. Sources of annual income, including earned, unearned and asset income, and a statement signed by all of the adults who reside in the household consenting to the disclosure of information for the purpose of verifying income and assets for determining income eligibility for program assistance. iv. A signed statement indicating that the applicant understands that all information provided is subject to Florida’s public records laws. 5 Agreement #106-2020 Coronavirus Relief Fund (CRF) Funding Agreement v. A statement that it is a first-degree misdemeanor to falsify information for the purpose of obtaining assistance. E. Allowable Rental Assistance (Subsidies): Assistance may be provided as direct rental assistance to Eligible Persons in any of the following manners: 1. Security and utility deposit assistance to secure temporary or permanent rental housing; or 2. Eviction prevention not to exceed 10 months’ rent; or 3. A rent subsidy program for income eligible households that are displaced from rental units that are uninhabitable; or F. Allowable Mortgage Payments: Mortgage payment assistance may be awarded to eligible applicants. This may include principle and interest, insurance, and homeowner association fees. Real Estate taxes paid to a government entity are not eligible. G. Income Categories: All households assisted must be at or below 120% of the area median income. H. CRF Eligible Person Award Terms: CRF funds awarded directly to Eligible Persons must be in the form of a grant, deferred loan or hard pay loan. I. Reporting Requirements: The Subrecipient must provide Florida Housing with monthly reports beginning on October 1, 2020 and a closeout report by February 15, 2021. These funds must include the current status and progress of the expenditure of funds under this Agreement, in addition to any other information requested by Florida Housing. All funds must be accounted for on the CRF Data Upload Form as provided by Florida Housing. Quarterly reports are due to Florida Housing no later than 15 days after the end of each quarter. The first quarterly report due pursuant to this agreement is due for the quarter ending September 30, 2020. J. Program Compliance 1. File Management and Record Retention relating to CRF Eligible Persons or Sponsors: Subrecipient must maintain a separate file for every applicant, Eligible Person, Sub-Grantee or Sponsor, regardless of whether the request was approved or denied. a. Contents of File: Each file must contain sufficient and legible documentation. Documents must be secured within the file and must be organized systematically. b. Record and File Retention: Local governments are required to retain records and other relevant documentation for each applicant, Eligible Person, Sub-Grantee or Sponsor for five fiscal years after funds have been expended or five years after the expiration of a use restriction agreement. and accounted for and/or satisfaction of loans, whichever is later, provided applicable audits have been released. i. The minimum requirements for documentation of award depend upon the type of assistance awarded and the funding sources. Every file should contain a section of notes and a file checklist, which tracks the efforts and progress of obtaining necessary documents. The checklist is a useful tool for all persons who must have access to the file. However, this checklist may be modified to accommodate a local government’s need for additional documentation. 6 Agreement #106-2020 Coronavirus Relief Fund (CRF) Funding Agreement ii. Eligible Sponsors(developers) who are awarded funds have the responsibility for maintaining clear and accurate files on project recipients and activities. Subrecipient must monitor the Eligible Sponsors files on a regular basis to ensure that all information is collected that will be needed for reporting. Subrecipient’s housing administrator must also review the file documentation to ensure that assistance is awarded to Eligible Persons and that all project activities conform to program requirements. iii. In cases where a Sub-Grantee is used to administer CRF, Subrecipient is ultimately responsible for program compliance. iv. All other records that document the award or expenditure of CRF funds must be retained for five fiscal years after the funds have been expended or five years after the expiration of a use restriction agreement and accounted for and/or satisfaction of loans, whichever is later, provided applicable audits have been released. This means that for cases that were assisted Subrecipient must retain all records no less than five years after the loan has been satisfied, provided audits have been released, whichever is later. Housing records of this type include, but are not limited to: 1) applications; 2) program and set-aside records; 3) housing agreements; 4) income verifications and 5) other records as required by Florida Housing or federal, state and local law or regulations. v. Records must be retained in electronic form. The standards used must comply with the Florida Administrative Code. Local record retention requirements may be stricter than the State. c. Access to Files: Florida Housing or any duly authorized representative shall be permitted to inspect any files relating to CRF Eligible Person or Sponsors including but not limited to advertisements, applications, income verifications and certifications, plan participation contracts, financial records, tracking system records, construction cost verification including receipts and contracts, rental development annual reviews, Eligible Sponsor reviews, Eligible Sponsor award lists, CRF fund recipient lists, and any other applicable documents at any reasonable time with or without notice. Such records shall be maintained within the participating county or eligible municipality at a place accessible to the Corporation staff or its designated monitoring agent. 2. Files Management and Record Retention relating to Subrecipient and Administration of this Agreement: a. The Subrecipient shall maintain books, records, and documents in accordance with generally accepted accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by Florida Housing under this Agreement. b. Contents of the Files: Subrecipient must maintain files containing documentation to verify all compensation to Subrecipient in connection with this Agreement, as well as reports, records, documents, papers, letters, computer files, or other material received, generated, maintained or filed by Subrecipient in connection with this Agreement. Subrecipient must also keep files, records, computer files, and reports that reflect any compensation it receives or will receive in connection with this Agreement. 7 Agreement #106-2020 Coronavirus Relief Fund (CRF) Funding Agreement c. Record and File Retention: Subrecipient must maintain these files for five years after the end of the applicable fiscal year, except that, if any litigation, claim or audit is commenced with respect to the transactions documented by such files before the end of the aforementioned five-year period and extends beyond the expiration of the five-year period, these files must be retained until all litigation, claims, or audit findings involving the files have been resolved. d. Access to the Files: As a condition of receiving state or federal financial assistance, and as required by sections 20.055(6) and 215.97(5), Fla. Stat., Florida Housing, the Chief Inspector General of the State of Florida, the Florida Auditor General, or any of their authorized representatives shall enjoy the right to access any documents, financial statements, papers, or other records of the Subrecipient that are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts. Upon reasonable notice, Subrecipient and its employees shall allow Florida Housing or its agent(s) access to its files and personnel for interview purposes during normal business hours, 9:00 a.m. to 5:00 p.m., Monday through Friday, provided such day is not a holiday. e. Return of the Files: In the event this Agreement is terminated, all finished or unfinished documents, data, studies, computer files, correspondence, and other products prepared by or for Subrecipient under this Agreement must be submitted to Florida Housing within 15 days of such termination at the expense of Subrecipient. 3. Compliance Monitoring: Subrecipient must be subject to compliance monitoring during the period of performance in which funds are Expended and up to three years following the closeout of all funds. In order to assure that the program can be adequately monitored, the following is required of Subrecipient: a. Subrecipient must maintain a financial tracking system provided by Florida Housing that ensures that CRF funds are Expended in accordance with the set-aside requirements, deadlines, and other requirements in this agreement. b. Subrecipient must maintain records on all awards to Eligible Persons or Sponsors. These records must include, but are not limited to: i. Proof of income compliance; ii. Proof of homeownership; iii. Proof of use of FEMA proceeds; iv. Documentation of all required inspections including mold remediation and wood destroying organisms; v. Documentation of any required remediation; vi. Certificate of Occupancy; vii. Placed in Service documentation; viii. Proof of contract or eligibility; ix. Documentation of payments made on the award; and x. Documentation of the value/sales price of the unit, as applicable. 4. Cooperation with Inspector General: Subrecipient understands its duty, pursuant to Section 20.055(5), Fla. Stat., to cooperate with Florida Housing’s Inspector General in any investigation, audit, inspection, review, or hearing. Subrecipient will comply with this duty and ensure that any contracts issued under this Agreement impose this requirement, in writing, on its subcontractors. 8 Agreement #106-2020 Coronavirus Relief Fund (CRF) Funding Agreement 5. Technical Assistance: Training and technical assistance is available to Subrecipient to assist in the development and implementation of the CRF. This technical assistance shall be provided by Florida Housing staff and Florida Housing’s Catalyst contractor. 6. Program Income: Program Income realized by Subrecipient prior to the final closeout of CRF must be deposited and used for eligible CRF activities. After final closeout of CRF, funds realized as Program Income must be returned to Florida Housing. 7. Recaptured Funds: Recaptured Funds realized by Subrecipient prior to the final closeout of CRF must be deposited and used for eligible CRF activities. After final closeout of CRF, Recaptured Funds must be returned to Florida Housing. K. Contacts 1. Florida Housing’s contract administrator for this Agreement is: Contract Administrator Florida Housing Finance Corporation 227 North Bronough St., Suite 5000 Tallahassee, Florida 32301-1329 Phone: 850.488.4197 E-mail: Contract.Admin@floridahousing.org 2. The Florida Housing program contact for this Contract is: Robert Dearduff, Assistant Director of Special Programs Florida Housing Finance Corporation 227 North Bronough St., Suite 5000 Tallahassee, Florida 32301-1329 Phone: 850.488.4197 E-mail: Robert.Dearduff@floridahousing.org or the designated successor. 3. The Grantee’s contract administrator for this Contract is: Terry Malcolm-Smith, Housing Coordinator 600 Cleveland Street, Suite 600 Clearwater, Florida 33755 Phone: 727.562.4036 E-mail: terry.malcolm-smith@myclearwater.com or the designated successor. L. 2 CFR Appendix II to Part 200 - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards - In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable. (A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach 9 Agreement #106-2020 Coronavirus Relief Fund (CRF) Funding Agreement contract terms, and provide for such sanctions and penalties as appropriate. (B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement. (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60- 1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” (D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146- 3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non- Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the 10 Agreement #106-2020 Coronavirus Relief Fund (CRF) Funding Agreement substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. (G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended - Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). (H) Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) - Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. (J) See § 200.322 Procurement of recovered materials. [78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75888, Dec. 19, 2014] M. Default and Remedies 1. If any of the events listed in subparagraph 2. of this section occur, all obligations on the part of Florida Housing to continue doing business with Subrecipient or assign any future transaction to Subrecipient shall, if Florida Housing so elects, terminate and Florida Housing may, at its option, exercise any of its remedies set forth herein, or as otherwise provided by law. However, Florida Housing may continue doing business with the Subrecipient as a participant after the happening of any event listed in subparagraph 2. of this section without waiving the right to exercise such remedies, without constituting a course of dealing, and without becoming liable to include the Subrecipient in the transaction or any future transaction. 2. The Events of Default shall include, but not be limited to, the following: a. If any report, information or representation provided by Subrecipient in this Contract is inaccurate, false or misleading in any respect; 11 Agreement #106-2020 Coronavirus Relief Fund (CRF) Funding Agreement b. If any warranty or representation made by Subrecipient in this Contract or any other outstanding agreement with Florida Housing is deemed by Florida Housing to be inaccurate, false or misleading in any respect; c. If Subrecipient fails to keep, observe, or perform any of the terms or covenants contained in this Contract, or is unable or unwilling to meet its obligations as defined in this Contract; d. If, in the sole discretion of Florida Housing, Subrecipient has failed to perform or complete any of the services identified in the attachments; e. If Subrecipient has not complied with all Florida laws, federal laws, Florida Housing rules or Florida Housing policies applicable to the work; f. If Subrecipient has discriminated on the grounds of race, color, religion, sex, national origin, or disability in performing any service identified in the attachments; g. If Subrecipient does not comply with the terms and conditions set forth in Section 420.512(5), Fla. Stat.; h. If Subrecipient commits fraud in the performance of its obligations under this Contract; or i. If Subrecipient refuses to permit public access to any document, paper, letter, computer files, or other material subject to disclosure under Florida’s Public Records Law. Upon the occurrence of any Event of Default listed in subparagraph 2. above, Florida Housing will provide written notice of the Default detailing the grounds that constitute the Event of Default. 3. Upon the occurrence of any Event of Default listed in subparagraph 2. above, Florida Housing may provide Subrecipient a reasonable period of time to cure the Event of Default (Cure Period). If Florida Housing provides a Cure Period, Florida Housing will notify the Subrecipient of the length of the Cure Period in the Notice of Default. 4. If Florida Housing provides a Cure Period and if the Subrecipient is unable or unwilling to cure the Event of Default within the Cure Period, Florida Housing may exercise any remedy permitted by law. The pursuit of any one of the following remedies shall not preclude Florida Housing from pursuing any other remedies contained herein or otherwise provided at law or in equity. The remedies include, but are not limited to the following: a. Florida Housing may terminate the Contract on the 10th day after Subrecipient receives the Notice of Default or upon the conclusion of any applicable Cure Period, whichever is later; b. Florida Housing may commence an appropriate legal or equitable action to enforce performance of the terms and conditions of this Contract; c. Florida Housing may exercise any corrective or remedial actions including, but not limited to, requesting additional information from Subrecipient to determine the reasons for or 12 Agreement #106-2020 Coronavirus Relief Fund (CRF) Funding Agreement the extent of non-compliance or lack of performance, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, advising the Subrecipient to suspend, discontinue or refrain from incurring fees or costs for any activities in question or requiring the Subrecipient to reimburse Florida Housing for the amount of costs incurred; or d. Florida Housing may exercise any other rights or remedies that may be otherwise available under law. N. Termination 1. Florida Housing may terminate the Agreement, without cause, at any time upon 24-hour written notice delivered by courier service or electronic mail to the Subrecipient, from the date sent from Florida Housing. 2. The Subrecipient may terminate this Agreement, without cause, at any time upon 10 days written notice delivered by courier service or electronic mail to Florida Housing at the physical or electronic address, as applicable, of Florida Housing’s Contract Administrator, Contract.Admin@floridahousing.org. The Subrecipient shall be responsible for all costs arising from the resignation of the Subrecipient. 3. Upon expiration or termination of this Agreement, the Subrecipient shall transfer to Florida Housing any CRF funds on hand at the time of expiration or termination, and any accounts receivable attributable to the use of CRF funds. O. General Provisions 1. Compliance with all Applicable Laws and Regulations: Subrecipient must comply with all applicable federal, state and local laws, rules, regulations, and ordinances in administering CRF under this Agreement. Subrecipient acknowledges that this requirement includes, but is not limited to, compliance with all applicable federal, state, and local health and safety rules and regulations. Subrecipient further agrees to include this provision in all contracts with Eligible Persons, Sub-Grantees, Sponsors or subcontracts issued as a result of this Agreement. Subrecipient’s failure to comply with any part of this provision is material and must be grounds for termination of this Agreement for cause by Florida Housing. 2. Indemnification: Nothing contained in this Agreement shall be construed to be a waiver by either party of any protections under sovereign immunity, Section 768.28 Florida Statutes, or any other similar provision of law. Nothing contained herein must be construed to be a consent by either party to be sued by third parties in any matter arising out of this Agreement or any other contract. 3. Insurance: Subrecipient agrees to carry liability and other appropriate forms of insurance. Florida Housing shall have no liability except as specifically provided in this Agreement. 4. Severability: If a court deems any provision of this Agreement void or unenforceable, that provision shall be enforced only to the extent that it is not in violation of law or is not otherwise unenforceable and all other provisions shall remain in full force and effect. 13 Agreement #106-2020 Coronavirus Relief Fund (CRF) Funding Agreement 5. Entire Agreement: This Agreement, and all exhibits annexed hereto which are incorporated herein by reference, collectively represent the entire agreement of the parties and the same supersedes any and all previous agreements of any kind. Any alterations, variations, changes, modifications, or waivers of provisions of this Agreement shall be valid only if reduced to writing, duly signed by all of the parties hereto, and attached to the original of this Agreement. 6. Lobbying: In accordance with Section 216.347, Fla. Stat., Subrecipient is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. Further, in accordance with Section 11.062, Fla. Stat., no state funds, exclusive of salaries, travel expenses, and per diem, appropriated to, or otherwise available for use by, any executive, judicial, or quasi-judicial department shall be used by any state employee or other person for lobbying purposes. 7. Files Subject to Florida's Public Records Law: Any file, report, record, document, paper, letter, or other material received, generated, maintained or sent by Subrecipient in connection with this agreement is subject to the provisions of Section 119.01-.15, Fla. Stat., as may be amended from time to time (Florida's Public Records Law). Subrecipient represents and acknowledges that it has read and understands Florida's Public Records Law and agrees to comply with Florida's Public Records Law. If Subrecipient has questions regarding the application of Chapter 119, Florida Statutes, to Subrecipient’s duty to provide public records relating to this contract, contact the Corporation Clerk at: Corporation Clerk 227 N. Bronough Street, Suite 5000 Tallahassee, Florida 32301-1329 Phone: 850.488.4197 E-mail: Corporation.Clerk@floridahousing.org 8. Personally Identifiable Information (PII); Security: a. If Subrecipient or any of its subcontractors may or will create, receive, store or transmit PII under the terms of this Agreement, Subrecipient must provide for the security of such PII, in a form acceptable to Florida Housing, without limitation, non-disclosure, use of appropriate technology, security practices, computer access security, data access security, data storage encryption, data transmission encryption, security inspections and audits. Subrecipient shall take full responsibility for the security of all data in its possession or in the possession of its subcontractors and shall hold Florida Housing harmless for any damages or liabilities resulting from the unauthorized disclosure of loss thereof. b. If Subrecipient or any of its subcontractors may or will create, receive, store or transmit PII under the terms of this Agreement, Subrecipient shall provide Florida Housing with insurance information for stand-alone cyber liability coverage, including the limits available and retention levels. If Subrecipient does not carry stand-alone cyber liability coverage, Subrecipient agrees to indemnify costs related to notification, legal fees, 14 Agreement #106-2020 Coronavirus Relief Fund (CRF) Funding Agreement judgments, settlements, forensic experts, public relations efforts, and loss of any business income related to this Agreement. c. Subrecipient agrees to maintain written policies and procedures for PII and/or data classification. This plan must include disciplinary processes for employees that violate these guidelines. d. Subrecipient agrees at all times to maintain reasonable network security that, at a minimum, includes a network firewall. e. Subrecipient agrees to protect and maintain the security of data with protection security measures that include maintaining secure environments that are patched and up to date with all appropriate security updates as designated by a relevant authority (e.g. Microsoft notifications, Common Vulnerabilities and Exposures (CVE) database, etc.) Subrecipient agrees that PII shall be appropriately destroyed based on the format stored upon the expiration of any applicable retention schedules. f. Subrecipient agrees that any and all transmission or exchange of system application data with Florida Housing and/or any other parties shall take place via secure Advanced Encryption Standards (AES), e.g. HTTPS, FTPS, SFTP or equivalent means. All data stored as a part of backup and recovery processes shall be encrypted, using AES. g. If Subrecipient reasonably suspects that a cybersecurity event or breach of security has occurred, they must notify Florida Housing’s Contract Administrator within 48 hours. h. In the event of a breach of PII or other sensitive data, Subrecipient must abide by provisions set forth in Section 501.171, Fla. Stat. Additionally, Subrecipient must immediately notify Florida Housing in writing of the breach and any actions taken in response to such a breach. As the information becomes available the statement must include, at a minimum, the date(s) and number of records affected by unauthorized access, distribution, use, modification or disclosure of PII; Subrecipient’s corrective action plan; and the timelines associated with the corrective action plan. 9. Other Provisions: a. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. b. No waiver by Florida Housing of any right or remedy granted hereunder or failure to insist on strict performance by Subrecipient shall affect or extend or act as a waiver of any other right or remedy of Florida Housing hereunder or affect the subsequent exercise of the same right or remedy by Florida Housing for any further or subsequent default by Subrecipient. A waiver or release with reference to any one event shall not be construed as continuing or as constituting a course of dealing. c. Any power of approval or disapproval granted to Florida Housing under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. d. The Agreement may be executed in any number of counterparts, any one of which may be taken as an original. 15 Agreement #106-2020 Coronavirus Relief Fund (CRF) Funding Agreement IN WITNESS WHEREOF, the parties have executed this Agreement Number 106-2020, each through a duly authorized representative, effective on the Effective Date. CITY OF CLEARWATER By: Name/Title: Date: FEIN: FLORIDA HOUSING FINANCE CORPORATION By: Name/Title: Date: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8052 Agenda Date: 8/3/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Approve a Utility Work By Highway Contractor Agreement with the State of Florida Department of Transportation to remove natural gas mains during a road improvement project on US Highway 19, at an estimated cost of $10,350.74, and authorize the appropriate officials to execute same. (consent) SUMMARY: The Florida Department of Transportation (FDOT) has a project (ID # 434807-3-52-01) to improve the drainage system along US Highway 19, from Anclote River Bridge to south of Brittany Park Blvd in Tarpon Springs. This will involve the removal of approximately 440 feet of 6-inch gas main, which is in conflict with the road project. Under the Utility Work By Highway Contractor Agreement (UWHCA), the State of Florida’s Department of Transportation general contractor will perform the removal of our existing natural gas mains. A replacement gas main will be installed by Clearwater Gas System’s sub-contractor during the State road project. Having the FDOT general contractor remove the natural gas mains allows for work to be done in a timely manner and releases Clearwater Gas System from penalty payments. APPROPRIATION CODE AND AMOUNT: Funding for this agreement is budgeted and available in capital project 3237323-96377 (Pinellas New Mains and Service Lines). USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 7/30/2020 434807-3-52-01 PROJECT DESCRIPTION: January 2020 Phase III Estimate Pinellas June 8, 2020 EE_01-27_Rev30 1 of 1 $10,350.74 $10,350.74 $10,350.74 $10,350.74 $10,350.74 $10,350.74 NOTES: PHONE NUMBER: SUB-TOTAL SUB-TOTAL 800 - ARCHITECTURAL NOT USED 500 - SIGNALIZATION NOT USED NOT USED NOT USED 100 - STRUCTURES 900 - MASS TRANSIT NOT USED550 - ITS NOT USED ENGINEER'S ESTIMATE FLORIDA DEPARTMENT OF TRANSPORTATION DISTRICT 7 PAGE NUMBER: COUNTY: CONTACT NAME: PAY ITEM SPEC YEAR: SUBMITTAL TYPE: FILE VERSION: DATE: FINANCIAL PROJECT ID # : ENGINEERING CONSULTANT FIRM: (102-1) MOT (Maintenance of Traffic) PROJECT GRAND TOTAL PU (Project Unknowns) SUB-TOTAL (999-25) Initial Contingency (Do Not Bid) 600 - LANDSCAPE / PERIPHERALS 400 - LIGHTING 1000 - INVALID & OTHER ITEMS COMPONENT SUB-TOTAL NOT USED (101-1) MOB (Mobilization) NOT USED 300 - SIGNING & PAVEMENT MARKINGS 200 - ROADWAY COMPONENT GROUPS NOT USED NOT USED 700 - UTILITIES FDOT-D7 6/19/2020 PAY ITEM #ITEM DESCRIPTION UNIT QUANTITY UNIT COST TOTAL COST 1050 16003 UTILITY PIPE,REMOVE & DISPOSE, 5-7.9"LF 406 $24.76 $10,052.56 1050 18003 UTILITY PIPE,PLUG & PLACE OUT OF SERVICE, 5- 7.9"LF 34 $8.77 $298.18 ENGINEER'S ESTIMATE FLORIDA DEPARTMENT OF TRANSPORTATION DISTRICT 7 434807-3-52-01FINANCIAL PROJECT ID: FILE VERSION:EE_01-27_Rev30 -1PAGE NUMBER: 700-Utilities $10,350.74COMPONENT TOTAL FDOT-D7 6/19/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8061 Agenda Date: 8/3/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 4.2 SUBJECT/RECOMMENDATION: Authorize award of Invitation to Bid 25-20, Natural Gas Meters and Regulators, to Dev-Tech Sales, Inc. of Avon Park, FL; Equipment Controls Company of Norcross, GA; and JEM-TECH, Inc. of Palm Bay, FL for an annual not-to-exceed amount of $1,500,000 effective August 1, 2020 through July 31, 2021 with the option for two, one-year term extensions, and authorize the appropriate officials to execute same. (consent) SUMMARY: Invitation to Bid 25-20, Natural Gas Meters and Regulators was released on May 5, 2020 and three responsive bid submissions were received on June 3, 2020. Equipment samples were requested from vendors for evaluation of specification compliance. Clearwater Gas System (CGS) has completed their evaluation and determined that all three companies are the lowest, most responsible bidders on the specific bid line items listed below. For these reasons, CGS is recommending award as follows: Dev-Tech Sales, Inc.: $1,275,000 Items #1 and #3-11: Diaphragm meters Items #30-35: Regulator and filters Equipment Controls Company: $40,000 Items #22-27: Commercial regulators JEM-TECH, Inc.: $185,000 Items #12-15: Rotary meters Items #16-21: HSR regulators Items #28-29: Relief regulators Item #2 will not be awarded, as the product bid did not meet the specific requirements for that bid item. CGS will ensure that all requirements, including insurance, will be met and an approved purchase order is in place prior to initiating services with the vendors. All materials are code approved and the meters and regulators will be used on the CGS Distribution System for new customers as well as replacing existing meters that have reached the end of their useful life. In addition, CGS is not obligated to expend the entire amount being requested. APPROPRIATION CODE AND AMOUNT: Funding is budgeted and available in 3237323-96367 (Gas Meter Change-out Capitalized Page 1 City of Clearwater Printed on 7/30/2020 File Number: ID#20-8061 Pinellas) and 3237323-96379 (Gas Meter Change-out Capitalized Pasco). USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 7/30/2020 CITY OF CLEARWATER ITB # 25-20, NATURAL GAS METERS AND REGULATORS DUE DATE: June 3, 2020; 10:00 AM BID TABULATION Item No. Description Est. Quantity (UOM) Unit Price (UOM) Total Price Unit Price (UOM) Total Price Unit Price (UOM) Total Price 1 200 CLASS CFH (NTC) SCREWED CASE ALUMINUM GAS METERS WITH CONNECTIONS (General)2,400 $80.70 $ 193,680.00 $89.84 $ 215,616.00 $ - 2 200 CLASS CFH (NTC) SCREWED CASE ALUMINUM GAS METERS WITH CONNECTIONS (ITRON for use with 005 400 $ - $89.84 $ 35,936.00 $ - 3 400 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS 500 $197.00 $ 98,500.00 $229.13 $ 114,565.00 $ - 4 600 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS 500 $439.00 $ 219,500.00 $ - $ - 5 600 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS (Can be used for right to left)25 $439.00 $ 10,975.00 $ - $ - 6 800 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS 100 $761.00 $ 76,100.00 $ - $ - 7 800 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS (With 2lb dial)100 $761.00 $ 76,100.00 $ - $ - 8 1000 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS (With 2 lb Dial)200 $1,027.00 $ 205,400.00 $ - $ - 9 1000 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS (With 2 lb Dial) Right to left 20 $1,027.00 $ 20,540.00 $ - $ - 10 CONNECTIONS (With 7 inch Dial) 200 $1,027.00 $ 205,400.00 $ - $ - 11 1000 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS (With 7 inch Dial) Right to Left 20 $1,027.00 $ 20,540.00 $ - $ - 12 ROMET OR ROOTS 3M ROTARY METER OR EQUIVALENT 30 $1,396.00 $ 41,880.00 $1,351.78 $ 40,553.40 $770.00 $ 23,100.00 13 ROMET OR ROOTS 5M ROTARY METER OR EQUIVALENT 30 $1,793.00 $ 53,790.00 $1,924.72 $ 57,741.60 $990.00 $ 29,700.00 14 ROMET OR ROOTS 7M ROTARY METER OR EQUIVALENT 10 $2,198.00 $ 21,980.00 $2,554.13 $ 25,541.30 $1,250.00 $ 12,500.00 15 ROMET OR ROOTS 11M ROTARY METER OR EQUIVALENT 10 $2,590.00 $ 25,900.00 $3,043.54 $ 30,435.40 $1,410.00 $ 14,100.00 16 HSR 3/4" ANGLE BODY 1,500 $34.71 $ 52,065.00 $36.79 $ 55,185.00 $27.50 $ 41,250.00 17 HSR 3/4" ANGLE BODY 500 $34.71 $ 17,355.00 $36.79 $ 18,395.00 $27.50 $ 13,750.00 18 HSR 3/4" GLOBE BODY 200 $31.18 $ 6,236.00 $34.45 $ 6,890.00 $27.50 $ 5,500.00 19 HSR 3/4" GLOBE BODY 200 $31.18 $ 6,236.00 $34.45 $ 6,890.00 $27.50 $ 5,500.00 20 HSR 1" GLOBE BODY 300 $31.18 $ 9,354.00 $41.18 $ 12,354.00 $27.50 $ 8,250.00 21 HSR 1" GLOBE BODY 300 $31.18 $ 9,354.00 $41.18 $ 12,354.00 $27.50 $ 8,250.00 22 DIRECT OPERATED PRESSURE REDUCING REGULATOR 15 $217.42 $ 3,261.30 $148.90 $ 2,233.50 $ - 23 CONSTANT PRESSURE PILOT LOADED REGULATOR LT GREEN MAIN SPRING, BLUE PILOT SRING 25 $759.00 $ 18,975.00 $572.63 $ 14,315.75 $ - 24 2" FLANGED SPRING LOADED, SELF REGULATED GAS REGULATOR WITH INTERNAL RELIEF VALVE 30 $577.00 $ 17,310.00 $301.78 $ 9,053.40 $ - 25 2" FEMALE PIPE THREAD SPRING LOADED, SELF OPERATED GAS REGULATOR WITH INTERNAL RELIEF 30 $353.00 $ 10,590.00 $234.24 $ 7,027.20 $ - 26 1 1/4" SPRING LOADED, SELF OPERATED GAS REGULATOR WITH INTERNAL RELIEF 10 $353.00 $ 3,530.00 $207.86 $ 2,078.60 $ - 27 1 1/4" SPRING LOADED, SELF OPERATED GAS REGULATOR WITH INTERNAL RELIEF 10 $353.00 $ 3,530.00 $207.86 $ 2,078.60 $ - 28 SPRING LOADED THROTTLING RELIEF BACK PRESSURE REGULATOR (OVERPRESSURE RELIEF 25 $140.50 $ 3,512.50 $ - $137.00 $ 3,425.00 29 SPRING LOADED THROTTLING RELIEF BACK PRESSURE REGULATOR (OVERPRESSURE RELIEF 25 $140.50 $ 3,512.50 $ - $137.00 $ 3,425.00 30 PILOT OPERATED PRESSURE REDUCING REGULATOR 5 $530.00 $ 2,650.00 $ - $ - 31 PRESSURE REDUCING REGULATOR FOR REGULATOR STATIONS AND DISTRIC GATE STATIONS 5 $1,822.00 $ 9,110.00 $ - $ - 32 STRAINERS 50 $115.00 $ 5,750.00 $ - $ - 33 FILTER 2" (DRY PARTICLE)10 $731.00 $ 7,310.00 $2,683.53 $ 26,835.30 $ - 34 FILTER 3" (DRY PARTICLE)2 $820.00 $ 1,640.00 $2,871.77 $ 5,743.54 $ - 35 FILTER 4" (DRY PARTICLE)2 $1,340.00 $ 2,680.00 $3,708.24 $ 7,416.48 $ - Total Bid Items 1 – 35:Total Bid Items awarded: $ 1,155,875.00 Total Bid Items awarded: $ 36,787.05 Total Bid Items awarded: $ 168,750.00 Devtech Equipment Controls JEM-TECH Inc. Page 1 of 6 CITY OF CLEARWATER ITB # 25-20, NATURAL GAS METERS AND REGULATORS DUE DATE: June 3, 2020; 10:00 AM BID REVIEW Control Southern Devtech Sales, Inc.Equipment Controls Company JEM -TECH Original / Copy / Electronic copy X x X X Bid container properly labeled X x X X Bid Pricing Form not signed x, NO EXHIBIT A X X Exceptions, Additional Materials, Addenda Form (Addenda acknowledged)X, additional materials: product literature and exceptions. did not acknowledge addenda x, additional materials: product literature, tariff information X, EXCEPTIONS TAKEN SEE NOTES X, EXCEPTIONS TAKEN SEE SEE NOTES Vendor Information Form incomplete x X x Offer Certification Form only company name, incomplete x X X W-9 Form x x X X Is there language regarding "Confidential/Proprietary" Info?NO NO Due Diligence Sunbiz Review of DMS sites / Federal Debarment Site Review of license requirement Review of certification requirement Review of other Clearwater contracts P Notes DELIVERY: 2-6 WEEKS ARO EXCEPTIONS: 4.4 REGULATORS ARE OPWDER COATED DELIVERY: 4-20 WEEKS EXCEPTIONS: The Sensus R- 275 & 415 meters are now provided with a powder coat finish. As the metercastings are received from the casting supplier with the powder coat finish already applied,there is no DELIVERY: STOCK 20 WEEKS TARIFF SURCHARGE PER METER: (AC250 $1.57), (AL425,AV630,AC800 @ $2.66), (AL800, AL1000 @ $8.47), (RES REGULATORS @ $0.27), (COMM REGULATORS @$3.68) no training details listed. Did not sign bid pricing sheet, did not acknowledge addenda, CITY OF CLEARWATER ITB # 25-20, NATURAL GAS METERS AND REGULATORS DUE DATE: June 3, 2020; 10:00 AM BID TABULATION SUMMARY Items with a star ( ) indicates intent to award. ITEM DESCRIPTION 1 200 CLASS CFH (NTC) SCREWED CASE ALUMINUM GAS METERS WITH CONNECTIONS (General) 2 200 CLASS CFH (NTC) SCREWED CASE ALUMINUM GAS METERS WITH CONNECTIONS (ITRON for use 3 400 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS 4 600 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS 5 600 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS (Can be used for right to left) 6 800 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS 7 800 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS (With 2lb dial) 8 1000 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS (With 2 lb Dial) 9 1000 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS (With 2 lb Dial) Right to left 10 WITH CONNECTIONS (With 7 inch Dial) 11 1000 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS (With 7 inch Dial) Right to Left 12 ROMET OR ROOTS 3M ROTARY METER OR EQUIVALENT 13 ROMET OR ROOTS 5M ROTARY METER OR EQUIVALENT 14 ROMET OR ROOTS 7M ROTARY METER OR EQUIVALENT 15 ROMET OR ROOTS 11M ROTARY METER OR EQUIVALENT 16 HSR 3/4" ANGLE BODY 17 HSR 3/4" ANGLE BODY 18 HSR 3/4" GLOBE BODY 19 HSR 3/4" GLOBE BODY 20 HSR 1" GLOBE BODY 21 HSR 1" GLOBE BODY 22 DIRECT OPERATED PRESSURE REDUCING REGULATOR 23 CONSTANT PRESSURE PILOT LOADED REGULATOR LT GREEN MAIN SPRING, BLUE PILOT 24 2" FLANGED SPRING LOADED, SELF REGULATED GAS REGULATOR WITH INTERNAL RELIEF VALVE 25 OPERATED GAS REGULATOR WITH INTERNAL RELIEF VALVE 26 1 1/4" SPRING LOADED, SELF OPERATED GAS REGULATOR WITH INTERNAL RELIEF 27 1 1/4" SPRING LOADED, SELF OPERATED GAS REGULATOR WITH INTERNAL RELIEF ITB # 25-20, NATURAL GAS METERS AND REGULATORS 28 SPRING LOADED THROTTLING RELIEF BACK PRESSURE REGULATOR (OVERPRESSURE RELIEF 29 SPRING LOADED THROTTLING RELIEF BACK PRESSURE REGULATOR (OVERPRESSURE RELIEF 30 PILOT OPERATED PRESSURE REDUCING REGULATOR 31 PRESSURE REDUCING REGULATOR FOR REGULATOR STATIONS AND DISTRIC GATE 32 STRAINERS 33 FILTER 2" (DRY PARTICLE) 34 FILTER 3" (DRY PARTICLE) 35 FILTER 4" (DRY PARTICLE) Total Bid Items 1 – 35:-$ -$ -$ -$ -$ CITY OF CLEARWATER ITB # 25-20, NATURAL GAS METERS AND REGULATORS DUE DATE: June 3, 2020; 10:00 AM BID TABULATION SUMMARY ITEM DESCRIPTION 1 200 CLASS CFH (NTC) SCREWED CASE ALUMINUM GAS METERS WITH CONNECTIONS (General) 2 200 CLASS CFH (NTC) SCREWED CASE ALUMINUM GAS METERS WITH CONNECTIONS (ITRON for use 3 400 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS 4 600 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS 5 600 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS (Can be used for right to left) 6 800 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS 7 800 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS (With 2lb dial) 8 1000 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS (With 2 lb Dial) 9 1000 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS (With 2 lb Dial) Right to left 10 WITH CONNECTIONS (With 7 inch Dial) 11 1000 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS (With 7 inch Dial) Right to Left 12 ROMET OR ROOTS 3M ROTARY METER OR EQUIVALENT 13 ROMET OR ROOTS 5M ROTARY METER OR EQUIVALENT 14 ROMET OR ROOTS 7M ROTARY METER OR EQUIVALENT 15 ROMET OR ROOTS 11M ROTARY METER OR EQUIVALENT 16 HSR 3/4" ANGLE BODY 17 HSR 3/4" ANGLE BODY 18 HSR 3/4" GLOBE BODY 19 HSR 3/4" GLOBE BODY 20 HSR 1" GLOBE BODY 21 HSR 1" GLOBE BODY 22 DIRECT OPERATED PRESSURE REDUCING REGULATOR 23 CONSTANT PRESSURE PILOT LOADED REGULATOR LT GREEN MAIN SPRING, BLUE PILOT 24 2" FLANGED SPRING LOADED, SELF REGULATED GAS REGULATOR WITH INTERNAL RELIEF VALVE 25 OPERATED GAS REGULATOR WITH INTERNAL RELIEF VALVE 26 1 1/4" SPRING LOADED, SELF OPERATED GAS REGULATOR WITH INTERNAL RELIEF 27 1 1/4" SPRING LOADED, SELF OPERATED GAS REGULATOR WITH INTERNAL RELIEF ITB # 25-20, NATURAL GAS METERS AND REGULATORS 28 SPRING LOADED THROTTLING RELIEF BACK PRESSURE REGULATOR (OVERPRESSURE RELIEF 29 SPRING LOADED THROTTLING RELIEF BACK PRESSURE REGULATOR (OVERPRESSURE RELIEF 30 PILOT OPERATED PRESSURE REDUCING REGULATOR 31 PRESSURE REDUCING REGULATOR FOR REGULATOR STATIONS AND DISTRIC GATE 32 STRAINERS 33 FILTER 2" (DRY PARTICLE) 34 FILTER 3" (DRY PARTICLE) 35 FILTER 4" (DRY PARTICLE) Total Bid Items 1 – 35:-$ CITY OF CLEARWATER ITB # 25-20, NATURAL GAS METERS AND REGULATORS DUE DATE: June 3, 2020; 10:00 AM BID TABULATION Item No.Description Est. Quantity(UOM)Unit Price(UOM) Total Price Unit Price(UOM) Total Price Unit Price(UOM) Total Price 1 200 CLASS CFH (NTC) SCREWED CASE ALUMINUM GAS METERS WITH CONNECTIONS (General)2,400 $80.70 $ 193,680.00 $89.84 $ 215,616.00 $ - 2 200 CLASS CFH (NTC) SCREWED CASE ALUMINUM GAS METERS WITH CONNECTIONS (ITRON for use with 005 400 $ - $89.84 $ 35,936.00 $ - 3 400 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS 500 $197.00 $ 98,500.00 $229.13 $ 114,565.00 $ - 4 600 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS 500 $439.00 $ 219,500.00 $ - $ - 5 600 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS (Can be used for right to left)25 $439.00 $ 10,975.00 $ - $ - 6 800 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS 100 $761.00 $ 76,100.00 $ - $ - 7 800 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS (With 2lb dial)100 $761.00 $ 76,100.00 $ - $ - 8 1000 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS (With 2 lb Dial)200 $1,027.00 $ 205,400.00 $ - $ - 9 1000 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS (With 2 lb Dial) Right to left 20 $1,027.00 $ 20,540.00 $ - $ - 10 1000 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS (With 7 inch Dial) 200 $1,027.00 $ 205,400.00 $ - $ - 11 1000 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS (With 7 inch Dial) Right to Left 20 $1,027.00 $ 20,540.00 $ - $ - 12 ROMET OR ROOTS 3M ROTARY METER OR EQUIVALENT 30 $1,396.00 $ 41,880.00 $1,351.78 $ 40,553.40 $770.00 $ 23,100.00 13 ROMET OR ROOTS 5M ROTARY METER OR EQUIVALENT 30 $1,793.00 $ 53,790.00 $1,924.72 $ 57,741.60 $990.00 $ 29,700.00 14 ROMET OR ROOTS 7M ROTARY METER OR EQUIVALENT 10 $2,198.00 $ 21,980.00 $2,554.13 $ 25,541.30 $1,250.00 $ 12,500.00 15 ROMET OR ROOTS 11M ROTARY METER OR EQUIVALENT 10 $2,590.00 $ 25,900.00 $3,043.54 $ 30,435.40 $1,410.00 $ 14,100.00 16 HSR 3/4" ANGLE BODY 1,500 $34.71 $ 52,065.00 $36.79 $ 55,185.00 $27.50 $ 41,250.00 17 HSR 3/4" ANGLE BODY 500 $34.71 $ 17,355.00 $36.79 $ 18,395.00 $27.50 $ 13,750.00 18 HSR 3/4" GLOBE BODY 200 $31.18 $ 6,236.00 $34.45 $ 6,890.00 $27.50 $ 5,500.00 19 HSR 3/4" GLOBE BODY 200 $31.18 $ 6,236.00 $34.45 $ 6,890.00 $27.50 $ 5,500.00 20 HSR 1" GLOBE BODY 300 $31.18 $ 9,354.00 $41.18 $ 12,354.00 $27.50 $ 8,250.00 21 HSR 1" GLOBE BODY 300 $31.18 $ 9,354.00 $41.18 $ 12,354.00 $27.50 $ 8,250.00 22 DIRECT OPERATED PRESSURE REDUCING REGULATOR 15 $217.42 $ 3,261.30 $148.90 $ 2,233.50 $ - 23 CONSTANT PRESSURE PILOT LOADED REGULATOR LT GREEN MAIN SPRING, BLUE PILOT SRING 25 $759.00 $ 18,975.00 $572.63 $ 14,315.75 $ - 24 2" FLANGED SPRING LOADED, SELF REGULATED GAS REGULATOR WITH INTERNAL RELIEF VALVE 30 $577.00 $ 17,310.00 $301.78 $ 9,053.40 $ - 25 2" FEMALE PIPE THREAD SPRING LOADED, SELF OPERATED GAS REGULATOR WITH INTERNAL RELIEF 30 $353.00 $ 10,590.00 $234.24 $ 7,027.20 $ - 26 1 1/4" SPRING LOADED, SELF OPERATED GAS REGULATOR WITH INTERNAL RELIEF 10 $353.00 $ 3,530.00 $207.86 $ 2,078.60 $ - 27 1 1/4" SPRING LOADED, SELF OPERATED GAS REGULATOR WITH INTERNAL RELIEF 10 $353.00 $ 3,530.00 $207.86 $ 2,078.60 $ - 28 SPRING LOADED THROTTLING RELIEF BACK PRESSURE REGULATOR (OVERPRESSURE RELIEF REGULATOR)25 $140.50 $ 3,512.50 $ - $137.00 $ 3,425.00 29 SPRING LOADED THROTTLING RELIEF BACK PRESSURE REGULATOR (OVERPRESSURE RELIEF REGULATOR)25 $140.50 $ 3,512.50 $ - $137.00 $ 3,425.00 30 PILOT OPERATED PRESSURE REDUCING REGULATOR 5 $530.00 $ 2,650.00 $ - $ - 31 PRESSURE REDUCING REGULATOR FOR REGULATOR STATIONS AND DISTRIC GATE STATIONS 5 $1,822.00 $ 9,110.00 $ - $ - 32 STRAINERS 50 $115.00 $ 5,750.00 $ - $ - 33 FILTER 2" (DRY PARTICLE)10 $731.00 $ 7,310.00 $2,683.53 $ 26,835.30 $ - 34 FILTER 3" (DRY PARTICLE)2 $820.00 $ 1,640.00 $2,871.77 $ 5,743.54 $ - 35 FILTER 4" (DRY PARTICLE)2 $1,340.00 $ 2,680.00 $3,708.24 $ 7,416.48 $ - Total Bid Items 1 – 35:Total Bid Items awarded: $ 1,155,875.00 Total Bid Items awarded: $ 36,787.05 Total Bid Items awarded: $ 168,750.00 Devtech Equipment Controls JEM-TECH Inc. Page 1 of 1 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8022 Agenda Date: 8/3/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve First Amendment to the Capital Project Funding Agreement between the City and Pinellas County Tourist Development Council (TDC) to extend the terms of the agreement to allow for reimbursement of funds during Fiscal Years 2020 and 2021 and authorize the appropriate officials to execute same. (consent) SUMMARY: On October 2, 2017, the City was awarded a grant from TDC in the amount of $1,900,000 for renovations to the Countryside Sports Complex located at 3060 McMullen Booth Road. The original funding agreement stated that the City would request reimbursement of $950,000 in two Fiscal Years, 2018 and 2019. Unfortunately, the City had delays in the project which resulted in pushing the completion of the project back to Fiscal Year 2020. This has necessitated an amendment to the agreement that allows for reimbursement to be made in Fiscal Years 2020 and 2021. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 7/30/2020 CAPITAL PROJECT FUNDING AGREEMENT Countryside Sports Complex THIS AGREEMENT ("Agreement") is made and entered into as of the 2 day of October , 2017 ("Effective Date"), by and between Pinellas County, a political subdivision of the State of Florida ("County") and the City of Clearwater, a Florida Municipal Corporation ("City") ( collectively, the "Parties" or individually a "Party"). WHEREAS, in accordance with Section 118-32 Pinellas County Code and Florida Statutes §125.0104, the County is authorized to utilize Tourist Development Tax revenues to fund statutorily eligible capital projects; and WHEREAS, in order to equitably and consistently evaluate capital project funding requests, the County adopted Capital Project Funding Guidelines, which established both the requisite criteria, documents, studies and related financial information to be submitted by a capital funding applicant, as well as the capital project funding application and review process; and WHEREAS, as part of the review and evaluation process, the County hired a consultant to review capital project funding applications and to provide a report of same to both the County and the Tourist Development Council for their consideration when evaluating capital project funding applications; and WHEREAS, after due consideration of the capital project funding applications, the Consultant's report and the recommendations of its Tourist Development Council, the County has approved the funding of certain capital projects determined to best promote tourism in Pinellas County; and WHEREAS, the County, through its Board of County Commissioners agrees to provide the City with funding for the Capital Project, as defined herein, in the amount and in accordance with the terms and conditions described herein; and WHEREAS, this Agreement sets forth the rights and obligations of the Parties related to the capital project, funding, and related matters. NOW, THEREFORE, in consideration of the foregoing recitals, the mutual promises contained herein and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties agree as follows: 1. RECITALS. The above recitals are true and correct and are adopted as an integral part of this Agreement. l of 11 2. DEFINITIONS. In addition to other capitalized terms or phrases that may be defined elsewhere in this Agreement, the following capitalized terms shall have the meaning set forth as follows: A. "Capital Project" or "Project" means the improvements to that certain statutorily eligible project/facility commonly known as Countryside Sports Complex located in Clearwater, Pinellas County, Florida ("Facility") set out in the Project budget described in Exhibit A attached hereto and incorporated herein by reference. B. "Commencement Date" means the date that the City commences construction of the Capital Project improvements on the project site after completion of the project design and the issuance of all permits and approvals necessary to construct the Capital Project. C. "Tourist Promotion Benefits" means any and all tourism promotion and/or marketing benefits provided by the City to market/promote the destination through Visit St. Petersburg Clearwater ("VSPC") as part of the consideration for the County funding of the Project, as further described in Exhibit B attached hereto and incorporated herein by reference. D. "Tourist Tax Revenues" means any legally available tourist tax revenues levied and collected by the County pursuantto Section 125.0104, Florida Statutes, for capital funding of the Project in accordance with the County's Tourist Development Plan. 3. TERM. The term of this Agreement shall commence on the Effective Date and continue in full force and effect through September 30, 2020 ("Term"), unless otherwise terminated as provided herein. 4. CONDITIONS PRECEDENT TO CAPITAL PROJECT FUNDING. The disbursement of, and any continued funding for the Capital Project herein, is subject to the following conditions precedent during the Term: A. The City continues to own and operate the facility. B. The City provides to the County the Tourism Promotion Benefits as described m Exhibit B. C. The Plan authorizes tourist tax revenues to be expended for such capital improvements. D. The Commencement Date occurs no later than September 30, 2018. E. The City matching funds must be maintained and County must be notified immediately if those matching funds are lost or become unavailable. F. Any and all City funds utilized to complete the Capital Project funded herein must be expended first before County funds are expended on the Project in accordance with the reimbursement requirements in Section 5.A. 2 of 11 5. COUNTY'S RESPONSIBILITIES. Upon providing documentation as specifically set forth in subparagraph (A) below establishing satisfaction of the conditions precedent as required in Section 4 required by the County, the County agrees to pay to the City Capital Project Funds in the sum of not to exceed One Million Nine Hundred Thousand Dollars ($1,900,000.00), from legally available Tourist Tax Revenues and from no other revenue source of the County, subject to the adjustments as provided in Sections 6.C. and 8, as follows: A. Reimbursement Payments shall be made in annual payments not exceeding Nine Hundred and Fifty Thousand Dollars ($950,000.00) during the County's FY 2017/2018 and FY 2018/2019 which commence on October I and end on September 30 of the fiscal year, upon receipt of a written payment request from the City directed to the VSPC at the address set out in Section 12.A., with such documentation as required herein and any additional documentation required by the VSPC Director. At a minimum, the payment request shall include documentation detailing (i) invoices which includes a detailed list of the work completed for which the City is seeking reimbursement; (ii) proof of payment for such work; (iii) a Jetter from either the contractor, design professional, or the City certifying that the work for which reimbursement is sought has been completed; and (iv) written documentation received from contractor, materialmen, subcontractors or other parties verifying payment by the City and for which reimbursement is being sought. The payment requests shall be no more frequent than quarterly after compliance with the requirements of Section 4 herein. B. County's contributions of Capital Project funds herein shall in no event exceed any amount agreed to herein and any and all excess project costs are the sole responsibility of the City. C. The Capital Project Funds shall be paid in accordance with Section 218.70 et seq., Florida Statutes, "The Local Government Prompt Payment Act." D. The County's obligations under this Agreement shall cease and the Agreement shall tenninate with no further obligation to the County for payments hereunder in the event the Tourist Tax Revenues pledged herein are repealed or expire as a matter of law. 6. CITY'S RESPONSIBILITIES. During the Term of this Agreement, the City shall: A. Manage, supervise, oversee, pay all costs and expenses related to, and be solely responsible for completing the Project including, but not limited to securing all pennits and approvals required for the Project, contracting and/or subcontracting with all third parties necessary to complete the Project, and operate the project/facility. B. Utilize all commercially reasonable efforts to complete the Project within the Project Budget on an agreed upon date, but in any event, no later than the tenn of this agreement. The City may elect to increase the Project Budget or any component part thereof with notice to the County, and shall be solely responsible for the additional costs and expenses, including any cost overruns, on the Project. C. Notify County of any project cost savings or changes in scope of work that reduces project costs so County may reduce its contribution on a pro rata basis. 3 of 11 D. Provide the Tourism Promotion Program benefits through September 30, 2028. E. Operate, maintain, repair, replace, and insure the Facility in a manner consistent with other comparable sports stadiums/facilities in Pinellas County. 7. RIGHT TO AUDIT. A. All of the City's records related to this Agreement shall be open to inspection and subject to reproduction by the County during normal working hours to the extent necessary to permit adequate evaluation and verification of any invoices for payment, or claims, submitted by the City pursuant to the execution of the Agreement. Such records shall include, but not be limited to, accounting records, written policies and procedures, subcontractor files, original estimates, estimating worksheets, correspondence, Change Order files (including the documentation of negotiated settlements), any supporting evidence necessary to substantiate charges related to this Agreement, and any records necessary to evaluate and verify costs as they may apply to costs associated with this Agreement. B. For the purpose of such audits, inspections, examinations and evaluations the County shall have access to the said records from the effective date of this Agreement, for the duration of the Work, and until thirty-six (36) months after the date of final payment by the County to the City for performance under this Agreement. The City hereby agrees to maintain said records in safe and dry storage until the end of this time period. C. The County shall have access to the City's facilities and all necessary records in order to conduct audits in compliance with this Paragraph. 8. DEFAULTS AND REMEDIES. A. Events of Default. Each of the following shall constitute an event of default (each, an "Event of Default") hereunder: 1. A breach by the City of any material term, covenant, obligation or agreement under this Agreement, and the continuance of such breach for a period of thirty (30) days after written notice thereof shall have been given to City except for a breach of those provisions described in subsection 4, 5 or 6 below, which will entitle the County to immediately exercise the available remedies; 2. The City voluntary filing of or consent to a petition under any bankruptcy, insolvency, or reorganization law, failure to secure the dismissal of an involuntary bankruptcy petition within 60 days of filing, or a determination by a court of competent jurisdiction that is insolvent and unable to pay its debts when due; 4ofll 3. A payment request containing a material misrepresentation; 4. The City ceases operations of the Capital Project or Facility before October 1, 2028. 5. The Tourist Tax Revenues legally available to pay this obligation are repealed or expire as provided by law. 6. The City fails to pay taxes and/or assessments, if any, when due. B. Remedies. Upon or at any time after the occmTence of an Event of Default which has not been cured if authorized herein: 1. The County may withhold, temporarily or permanently, any or all unpaid portion of the Capital Project Funds and/or may terminate this Agreement by giving seven (7) calendar days' notice to the City. The County shall then have no further funding obligation under this Agreement; 2. If the County has paid any Capital Project Funds, the City shall repay to the County all Capital Project Funds received by it for the Project; 3. Additionally the County may exercise any right, power, or remedy as provided in law or equity pursuant to Florida law. C. No consent or waiver, express or implied, by the County to or of any breach or default by the City in the performance of its obligations under this Agreement shall constitute a consent to or waiver of any similar breach or default by the City. The failure of the County to complain of any act or omission to act by the City or to declare the City in default, irrespective of how long such failure continues, shall not constitute a waiver by the County of its rights under this Agreement. 9. COMPLIANCE WITH LAWS. The Parties shall comply with all applicable federal, state, and local laws, ordinances, rules and regulations, the federal and state constitutions, and the orders and decrees of any lawful authorities having jurisdiction over the matter at issue including but not limited to applicable public records laws. 10. DUE AUTHORITY. Each party to this Agreement represents and warrants to the other party that: (i) it has the full right and authority and has obtained all necessary approvals to enter into this Agreement; (ii) each person executing this Agreement on behalf of the party is authorized to do so; and (iii) this Agreement constitutes a valid and legally binding obligation of the party, enforceable in accordance with its terms. 11. ASSIGNMENT. No party to this Agreement may assign any rights or delegate any duties under this Agreement without the prior written consent of the other party. 5 of 11 12. NOTICES. A. Unless and to the extent otherwise provided in this Agreement, all notices, demands, requests for approvals and other communications which are required to be given by either party shall be in writing and shall be deemed given and delivered on the date delivered in person to the authorized representative of the recipient provided below, upon the expiration of five (5) days following the date mailed by registered or certified mail, postage prepaid, return receipt requested, to the authorized representative of the recipient provided below, or upon the date delivered by overnight courier (signature required) or emailed to the authorized representative of the recipient at the email provided below: TO THE COUNTY: David Downing, Director Visit St. Petersburg/Clearwater 8200 Bryan Dairy Rd. Suite 200 Largo, FL 33777 David@visitspc.com TO THE CITY: Kevin Dunbar, Director Parks and Recreation Dept. P.O. Box 4748 Clearwater, FL 33758 Kevin.Dunbar@myclearwater.com B. Either party may change its authorized representative or address for receipt of notices by providing the other party with written notice of such change. The change shall become effective ten (I 0) days after receipt by the non-changing party of the written notice of change. 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 duly executed written modification to this Agreement. 14. GOVERNING LAW. This Agreement shall be construed in accordance with the Laws of the State of Florida. 15. IDRISDICTION AND VENUE. Venue for any action brought in state court shall be in Pinellas County, Clearwater Division. Venue for any action brought in federal court shall be in the Middle District of Florida, Tampa Division, unless a division shall be created in Pinellas County, in which case the action shall be brought in that division. Each party waives any defense, whether asserted by motion or pleading, that the aforementioned courts are an improper or inconvenient venue. Moreover, the Parties consent to the personal jurisdiction of the aforementioned courts and irrevocably waive any objections to said jurisdiction. 16. BINDING EFFECT. This Agreement shall inure to the benefit of and be binding upon the Parties' respective successors and assigns. 17. NO THIRD PARTY BENEFICIARY. Persons not a party to this Agreement may not claim any benefit hereunder or as third party beneficiaries hereto. 18. 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. 6 of 11 19. NO CONSTRUCTION AGAINST PREPARER OF AGREEMENT. This Agreement has been prepared by County and reviewed by the City and its professional advisors. The County, the City, and their professional advisors believe that this Agreement expresses their understanding and that it should not be interpreted in favor of, or against either party merely because of their efforts in preparing it. 20. 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 the Parties. 21. SEVERABILITY. Should any paragraph or portion of any paragraph of this Agreement be rendered void, invalid or unenforceable by any court of law for any reason, such determination shall not render void, invalid or unenforceable any other paragraph or portion of this Agreement. 22. FUNDING OBLIGATION. This Capital Project Funding Agreement is not a general obligation of the County. The obligations of the County as to any funding required pursuant to this Agreement shall be limited to an obligation in any given year to budget and appropriate sufficient funding that is required during that year from legally available Tourist Tax Revenues, after funding for secured obligations, essential and necessary tourism services, and Tourist Development Taxes restricted as to use by the Plan have been budgeted and appropriated. Notwithstanding the foregoing, the County shall not be prohibited from pledging any legally available Tourist Development Taxes for any obligations heretofore or hereafter incurred, which pledge shall be prior and superior to any obligation of the County pursuant to this Agreement. 23. INDEPENDENT CAPACITY. A. The Parties agree that the City its officers, agents, and employees, in perfonnance of this Agreement, will act in the capacity of an independent contractor and not as an officer, employee, or agent of the County. The City agrees to take such steps as may be necessary to ensure that any third-party City contracts with will be deemed to be an independent contractor and will not be considered or permitted to be an agent of the County. B. The City has no authority to, and shall not pledge the County's credit or make the County a guarantor of payment or surety for any contract, debt, obligation, judgment lien, or any fonn of indebtedness. 24. DAMAGES. In no event shall either party be liable to the other (nor to any person claiming any right, title, or interest derived from, or as a successor to the agreement) for incidental, consequential, or special damages of any kind, including without limitation, lost profits, or loss of business arising out of this funding agreement irrespective of whether the parties have advance notice of the possibility of such damage. 7 ofl I 25. PUBLIC RECORDS. A. The City acknowledges that information and data relating to its services may be public records in accordance with Chapter 119, Florida Statutes and Pinellas County Public Records Policies. The City agrees that prior to providing services it will implement policies and procedures to maintain, produce, secure, retain, and transfer public records in accordance with applicable laws, regulations, and County policies including but not limited to the Sec. 119.0701, Florida Statutes. Notwithstanding any other provision of this Agreement relating to compensation, the City agrees to charge the County, and/or any third parties requesting public records only such foes allowed by Section 119.07, Florida Statutes and County policy for locating and producing public records during the term of this Agreement. B. If the City has questions regarding the application of Chapter 119, Florida Statutes, to the duty to provide public records relating to this contract, contact Pinellas County Convention and Visitors Bureau (CVBNSPC) custodian of public records at 727-464-7200, Tim@visitspc.com, or send your questions by mail to: Pinellas County Convention and Visitors Bureau, Tim Ramsberger, 8200 Bryan Dairy Rd., Suite 200, Largo, FL 33777. 26. TIME IS OF THE ESSENCE. Time is of the essence with respect to all provisions of this agreement and attachments hereto that specify a time for performance; provided, however, that the foregoing shall not be construed to limit a party's grace period allowed herein. 27. SURVIVAL. The terms and obligations of Section 6, 8, 22, and 24 shall survive the termination of this agreement. <Signature page follows> 8 of 11 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives on the date first above written. Countersigned: By: -C(Q.Of\tf\C' ( ~ ~J George N. Cretekos Mayor Approved as to Form: By:M~~ Assistant City Attorney PINELLAS COUNTY, FLORIDA, by and through its County Administrator By: Mark S. Woodard APPROVED AS TO FORM OFFICE OF THE COUNTY ATTORNEY CITY OF CLEARWATER, FLORIDA By: ld~6 b~ William B. Horne, II City Manager Attest: By: Wfl<_{LLI{_ G4...t Rosemarie Call City Clerk APPROVED AS TO FORM By: ~\ v.iJ A 1--,,.,i Office of the County Attorney 9of 11 EXHIBIT A The Countryside Sports Complex currently consists of four multipurpose fields and accessory buildings that were constructed separately over the last 30 years. Due to this piece meal construction these buildings do not meet a suitable design and the fields are not regulation. This project allows for the addition of another regulation size athletic field as well as new storage, meeting space, concession stand and locker rooms. In addition to combining these three separate buildings into one structure we will also be renovating the press box which does not meet current ADA standards. The upgraded press box will provide universal access to all users. While making the press box ADA accessible we will also be enhancing and upgrading the technology allowing us to broadcast and live stream events. The ability to broadcast and provide a suitable space for the media creates a platfonn for the City to host national and international amateur events. The upgraded press box along with new meeting rooms and locker rooms will be a catalyst for us to attract top level amateur events from around the globe. Theses upgrades to the Cowitryside Sports Complex combined with the existing spectator seating of 1,500 will truly make this a world class amateur sporting stadium. Professional Services Estimated Cost A. Architect & Engineering $ 225,000 B. Surveying $ 43,000 Total Professional Services $ 268,000 ' S'tc Deve!onment A. Demolition $ 181,625 Total Site Development $ 181,625 Construction A. Outside Contractors (construct building) $ 2,511,500 B. Site work $ 1,161,733 c. Capital assets $ 88,500 D. Landscaping-(includes new athletic turf and irrigation system) $ 214,123 Total Construction $ 3,975,856 Subtotal $ 4,425,481 15% Contingency $ 663,822 TOTAL $ 5,089,303 PROJECT REQUEST FROM TDC $ 1,900,000 CITY OF CLEAR WATER CASH MATCH $ 3, I 89,303 10 of 11 EXHIBITB In consideration of the tourist tax capital funding support for the Eddie C. Moore Softball Complex and the Countryside Sports Complex, the City shall at a minimum provide the following Tourism Promotion Benefits to support promotion and marketing efforts for the destination from the Effective Date through September 30, 2028: 1) A 50% discount on field rental and other City charges for all VSPC sponsored or co-sponsored sports events, games, training or other sports activities ("Events") held or conducted at any City athletic facility. 2) Locations for permanently installed year-round VSPC signage (paid for by VSPC) prominently displayed at each City athletic facility that hosts VSPC sports Events as mutually determined by the City and VSPC staffs as to exact quantity and placement, in areas that shall include but shall not be limited to outfield fences, dugouts, backstops and other team and spectator areas. 3) PA announcements at Events that promote/market the destination as mutually delennined by the City and VSPC staffs. 4) Joint destination marketing/promotion campaigns and act1v1t1es through social media, advertising, direct sales, public relations and/or other programs as mutually agreed upon by the parties. These Tourism Promotion Benefits are a condition precedent to the capital funding to support and expand sports related tourism, and the City and VSPC staffs shall meet as often as needed to agree on the specific schedules and details of destination marketing/promotion activities as described herein. 11 of 11 1 of 2 FIRST AMENDMENT This Amendment made and entered into this _____ day of _______________, 2020, by and between Pinellas County, a political subdivision of the State of Florida (“County”) and the City of Clearwater, a Florida Municipal Corporation (“City”) (collectively, the “Parties” or individually a “Party”). WITNESSETH: WHEREAS, the County and City entered into a Capital Project Funding Agreement on October 2, 2017 (hereinafter “Agreement”), pursuant to which County agreed to provide City funding for improvements to the Countryside Sports Complex (“Project”); and WHEREAS, pursuant to Section 5 of the Agreement, payments to the City for the Project must be made during Fiscal Years 2018 and 2019; and WHEREAS, due to Project delays the payments were unable to be made during this time; and WHEREAS, the City has requested the Agreement be amended to allow payment in Fiscal Years 2020 and 2021; NOW THEREFORE, the Parties agree that the Agreement is amended as follows: 1. Section 3 of the Agreement is amended in its entirety to read: “The term of this Agreement shall commence on the Effective Date and continue in full force and effect through September 30, 2021 (“Term”), unless otherwise terminated as provided herein.” 2. Section 5.A. of the Agreement is amended in its entirety to read: “Reimbursement Payments in a total amount not to exceed One Million Nine Hundred Dollars ($1,900,000.00) shall be made in two annual Fiscal Year payments of approximately Nine Hundred and Fifty Thousand Dollars ($950,000.00) per Fiscal Year. The payments shall be made during the County’s FY 2020 and FY 2021 which commence on October 1 and end on September 30 of the fiscal year, upon receipt of a written payment request from the City directed to the VSPC at the address set out in Section 12.A., with such documentation as required herein and any additional documentation required by the VSPC Director. At a minimum, the payment request shall include documentation detailing (i) the work completed that the City is seeking reimbursement for; (ii) proof of payment for the work; (iii) a certification from the either the contractor, design professional, or the City certifying the work has been completed and paid for before submittal of the payment request. The payment requests shall be no more than quarterly after compliance with the requirements of Section 4 herein.” 3. Section 6.D. and Exhibit B of the Agreement are amended to extend the provision of Tourism Promotion Program benefits through September 30, 2029. 4. Except as changed or modified herein, all provisions and conditions of the original Agreement shall remain in full force and effect. Each party to this Amendment represents and warrants that: (i) it has the full right and authority and has obtained all necessary approvals to enter into this Amendment; (ii) each person executing this Amendment on behalf of the Party is authorized to do so; (iii) this Amendment; constitutes a valid and legally binding obligation of the Party, enforceable in accordance with its terms. 2 of 2 IN WITNESS WHEREOF the parties herein have executed this First Amendment as of the day and year first written above. Pinellas County by and through its County Administrator By: Barry A. Burton Countersigned: CITY OF CLEARWATER, FLORIDA __________________________ By: _________________________ Frank Hibbard William B. Horne, II Mayor City Manager Approved as to form: Attest: __________________________ _____________________________ Owen Kohler Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8065 Agenda Date: 8/3/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 5.2 SUBJECT/RECOMMENDATION: Approve a Management Agreement between the City of Clearwater (City) and the Clearwater Community Sailing Center Association, Inc. (Sailing Center Association) for use of the building and property located at 1001 Gulf Boulevard from August 1, 2020 through February 29, 2024 and authorize the appropriate officials to execute same. (consent) SUMMARY: Staff recommends that the City enter into this Management Agreement with the Sailing Center Association, a 501c3 nonprofit organization, where the Sailing Center Association will manage the premises of the City at 1001 Gulf Boulevard. The City and the Sailing Center Association initially entered into an agreement in 2002, and since then, the City and Sailing Center Association worked together to offer services that benefit the community. The Sailing Center Association provides local residents and visitors a variety of services including providing safe, enriching, and affordable sailing opportunities for all ages and abilities. The Sailing Center Association will pay rent of $1,459.33 monthly to the City with a consumer price index increase to be added to the rent on March 1 of each year of this Agreement. The City may terminate this Agreement for any municipal need by providing 60 days written notice. The City will be responsible for the maintenance of foundation, outer walls, roof, piers, docks, life cycle replacement of the heating/air-conditioner system, and other major capital improvements required for the premises. The Sailing Center Association will be responsible for routine daily maintenance of the facility and minor repairs to bathrooms, hallways, rental rooms, offices, lights, etc. The Sailing Center Association is also responsible for all day to day operations of the center including programming of the facilities in accordance with their business plan made a part of this Agreement. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 7/30/2020 1 CLEARWATER COMMUNITY SAILING CENTER MANAGEMENT AGREEMENT THIS MANAGEMENT AGREEMENT entered into on this _____ day of August, 2020, by the City of Clearwater, Florida (“City”) and Clearwater Community Sailing Association, Inc., (“Manager”). WHEREAS, the City owns the real property and improvements consisting of approximately 3,658 square feet, located at 1001 Gulf Boulevard, Clearwater, FL 33767, hereinafter referred to as the “Clearwater Community Sailing Center”; and two (2) additional tracts of land, all of which located in Clearwater, Florida. Such property is more particularly described in Exhibit A, attached hereto and incorporated by reference as part of this Agreement. Such property shall hereinafter be referred to as the "Premises"; and WHEREAS, the Manager agrees to manage the Premises under the terms and conditions described in this Management Agreement; and WHEREAS, the Parties have previously and continuously entered into agreements for the management of the Premises since 2002; and WHEREAS, the Parties mutually desire to enter into a new agreement for the management of the Premises; and NOW, THEREFORE, the Parties hereto agree that the above terms, recitals, and representations are true and accurate and are incorporated herein by reference, and the Parties further agree as follows: 1. MANAGEMENT TERM The term of this Agreement shall begin on August 1, 2020 and end on February 29, 2024. This Agreement shall supersede all prior management agreements. Since March 1, 2019, the Parties have been operating on a month-to-month basis in accordance with the terms and conditions of the previous Management Agreement (Term: March 1, 2014 thru February 28, 2019). The Parties hereby accept, acknowledge, and agree to be bound by the terms and conditions of that previous Management Agreement (Term: March 1, 2014 thru February 28, 2019), from March 1, 2019 until July 31, 2020. The City, in addition to any other right of termination as set forth herein, may terminate this Management Agreement for any municipal need as determined by the City Council, by providing sixty (60) days written notice. Notwithstanding any provision to the contrary, in the event the Parties have not memorialized in writing the renewal or termination of this Management Agreement prior to the expiration date, this Management Agreement shall continue on a month-to-month basis in 2 accordance with the existing terms and conditions, until such time as this Management Agreement is renewed or terminated in writing as provided for herein. 2. RENT. Base rent: Manager agrees to pay the City as rent during the initial term of this Agreement the sum of seventeen thousand five hundred eleven dollars and ninety-six cents ($17,511.96) annually, payable in equal monthly installments of one thousand four hundred fifty-nine dollars and thirty-three cents ($1,459.33) per month, and payable in advance at the beginning of each successive monthly rental period. A consumer price index (CPI) increase will be added to the rent payment on March 1st of each year of this Agreement. The increase will be based on the Consumer Price Index for all Urban Consumers (CPI-U) South Urban area, for the twelve-month period ending December 31st. Additionally, Manager shall pay sales tax on all taxable collected payments. Manager shall pay rent and any additional rent as hereinafter provided to City at such place as City may designate in writing, without demand and without counterclaim, deduction or setoff. 3. USE OF PREMISES The Premises, as described in Exhibit A, are to be used by M anager solely for the purposes and in the manner set forth in the business plan (Exhibit C), which is attached hereto and incorporated by reference, subject to the City's reserved right to issue "fishing" permits allowing holders thereof to use specifically identified areas of the managed premises for fishing, subject to reasonable rules and regulations established by manager and approved by City. No other use of the Premises is allowed without the written consent of the City. 4. UTILITIES Water, sewer, electric and all other utilities of any kind shall be billed directly to Manager and are or shall be individually metered for the subject premises. All deposits for such utilities shall be the sole responsibility of Manager. 5. BUILDING AND COMMON AREA MAINTENANCE AND PROPERTY TAXES Manager shall be responsible for routine building maintenance. The routine maintenance of the Property's common areas, such as but not limited to, hallways, bathrooms, rental rooms, offices, etc., shall be the responsibility of Manager. If Manager fails to maintain the Property's common areas in a satisfactory manner, seven (7) calendar days after the City has provided Manager written notice of the City's dissatisfaction with the Property's common area maintenance, and if the maintenance of the common areas has not improved to standard amenable solely to the City within the seven (7) calendar days after receipt of such notice, then at the City's sole discretion, the City may procure maintenance services for such common areas on 3 Manager's behalf. The cost of which, shall be the responsibility of Manager. The Manager is responsible for paying the property taxes if applicable. 6. OBSERVANCE OF LAWS AND ORDINANCES Manager agrees to observe, comply with and execute promptly at its expense during the term hereof, all laws, rules, requirements, orders, directives, codes, ordinances and regulations of governmental authorities and agencies and of insurance carriers which relate to its use or occupancy of the Premises. 7. ASSIGNMENT OR SUBAGREEMENT Manager shall not, without first obtaining the written consent of City, assign, mortgage, pledge, or encumber this Agreement, in whole, or in part, or sublet the premises or any part thereof. The City expressly covenants that such consent to sublet shall not be unreasonably or arbitrarily refused. This covenant shall be binding on the legal representatives of Manager, and on every person to whom Manager's interest under this Agreement passes by operation of law, but it shall not apply to an assignment or subletting to the parent or subsidiary of a corporate manager or to a transfer of the agreement hold interest occasioned by a consolidation or merger involving such manager. If the Premises are sublet or occupied by anyone other than Manager, and Manager is in default hereunder, or if this M anagement Agreement is assigned by the Manager, the City may collect rent from the assignee, subtenant, or occupant, and apply the net amount collected to the rent herein reserved. No such collection shall be deemed a waiver of the covenant herein against assignment and subletting, or the acceptance of such assignee, subtenant, or occupant as manager, or a release of manager from further performance of the covenants herein contained. 8. ALTERATIONS AND IMPROVEMENTS Manager shall not make any structural alterations or modifications or improvements which are part of the managed property without the written consent of the City, and any such modifications or additions to said property shall become the property of the City upon the termination of this Agreement or, at City's option, the Manager shall restore the managed property at Manager's expense to its original condition. The restrictions of this paragraph shall not apply to maintenance of the managed property, but shall apply to any change which changes the architecture or purpose of the property or which changes any of the interior walls of the improvements or which annexes a fixture to any part of the managed property which cannot be removed without damage thereto. In the event Manager desires to make any alterations or modifications, written notice shall be given to the City. Unless the City objects to such proposals by notice to Manager within twenty (20) days after written notice from Manager, the proposal shall be deemed approved. Manager shall have no power or authority to permit mechanic's or materialmen's liens to be placed upon the managed property in connection with maintenance, alterations or modifications. Manager 4 shall, within fifteen (15) days after notice from City, discharge any mechanic's liens for materials or labor claimed to have been furnished to the Premises on Manager's behalf. Not later than the last day of the term, Manager shall, at M anager's expense, remove all of Manager's personal property and those improvements made by Manager which have not become the property of City, including trade fixtures and the like. All property remaining on the Premises after the last day of the term of this Agreement shall be conclusively deemed abandoned and may be removed by City, and Manager shall reimburse City for the cost of such removal. 9. RISK OF LOSS All personal property placed or moved in the Premises shall be at the risk of the Manager or owner thereof. The City shall not be responsible or liable to the Manager for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connected with the premises hereby managed or any part of the building which the managed premises are a part of or any loss or damage resulting to the manager or its property from bursting, stopped up or leaking water, gas, sewer or steam pipes unless the same is due to the negligence of the City, its agents, servants or employees. 10. RIGHT OF ENTRY The City, or any of its agents, shall have the right to enter said Premises during all reasonable hours, to examine the same to make such repairs, additions or alterations as may be deemed necessary for the safety, comfort, or preservation thereof, or of said building, or to exhibit said Premises. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, which do not conform to this Agreement. 11. RESTORING PREMISES TO ORIGINAL CONDITION Except those repairs previously communicated by Manager to City, Manager represents that the premises managed are in good, sanitary and tenantable condition for use by Manager. Manager's acceptance or occupancy of the managed premises shall constitute recognition of such condition. Except for those repairs previously communicated, Manager hereby accepts the premises in the condition they are in at the beginning of this Agreement and agrees to maintain said premises in the same condition, order, and repair as they are at the commencement of said term, and to return the premises to their original condition at the expiration of the term, excepting only reasonable wear and tear arising from the use thereof under this Agreement. The Manager agrees to make good to said City immediately upon demand, any damage to water apparatus, or electric lights or any fixture, appliances or appurtenances of said premises, or of the walls or the building caused by any act or neglect of Manager or of any person or persons in the employ or under the control of the Manager. 5 12. INSURANCE Manager agrees to comply with all terms, provisions and requirements contained in Exhibit "B" attached hereto and made a part hereof as if said document were fully set forth at length herein. 13. MAINTENANCE City shall keep the foundation, outer walls, roof and buried conduits of the premises, including existing buildings, piers, and docks in good repair, except that the City shall not be called on to make any such repairs occasioned by the negligence of the Manager, its agents, express or implied invitees, or employees. City shall maintain the city owned property outside the fence from the sailing center building up to the bridge, while the Manager will be responsible for the upkeep of the property within the fenced in area. Manager shall keep the inside of said premises and the interior doors, windows and window frames of said premises in good order, condition and repair and shall also keep the premises in a clean, sanitary and safe condition in accordance with law and in accordance with all directions, rules and regulations of governmental agencies having jurisdiction. Manager shall be responsible for providing all light bulbs used on the premises. The plumbing facilities shall not be used for any other purposes than that for which they are constructed and no foreign substances of any kind shall be thrown therein, and the expense of any breakage, stoppage or damage resulting from the violation of this provision shall be borne by the Manager. Routine maintenance of the heating and air conditioning system and plumbing facilities shall be under the control of the Manager, and Manager agrees that all routine operation, upkeep, and repairs will be at Manager's expense, except where the repairs shall be caused by the negligence or misuse by City or its employees, agents, invitees, or licensees, or by catastrophic failure, or in the event of expected life cycle replacement. In the event City pays any monies required to be paid by Manager hereunder, City shall demand repayment of same from the Manager and the Manager shall make payment within ten (10) days of receipt of said demand. Manager's failure to make such repayment within the ten (10) day period shall constitute default under the terms of this Agreement. City will assume responsibility for life cycle replacement of the heating/air-conditioning system, provided routine monthly maintenance has been performed. City will assume responsibility for life cycle replacement of the elevator, provided routine monthly maintenance has been performed. 14. DESTRUCTION OF PREMISES In the event that the building should be totally destroyed by fire, earthquake or other cause, to such an extent that it cannot be rebuilt or repaired within sixty (60) days after the date of such destruction, this Management Agreement shall be terminated. In the event that the 6 building should be partially damaged by fire, earthquake or other cause, but only to such an extent that it can be rebuilt or repaired within sixty (60) days after the date of such destruction, the Management Agreement shall be void or voidable, but not terminated, except as otherwise provided herein. If the City intends to rebuild or repair the premises, it shall, within fifteen (15) days after the date of such damage, give written notice to Manager of the intention to rebuild or repair and shall proceed with reasonable diligence to restore the building to substantially the same condition in which it was immediately prior to the destruction. However, City shall not be required to rebuild, repair or replace any improvements or alterations made by Manager within the building. During the period of rebuilding or repairing, there shall be no diminution of rents. If, after rebuilding or repairing has commenced, such rebuilding or repairing cannot be completed within sixty (60) days after the date of such partial destruction, the City may either terminate the agreement or continue with the agreement with a proportional rent rebate to Manager. If City undertakes to rebuild or repair, Manager shall, at its own expense, restore all work required to be done by such manager under this Agreement. 15. EMINENT DOMAIN If the whole or any part of the premises hereby managed shall be taken by any public authority under power of eminent domain, then the term of this Management Agreement shall cease on the part so taken from the date title vests pursuant to such taking, and the rent and any additional rent shall be paid up to that day, and if such portion of the demised premises is so taken as to destroy the usefulness of the premises for the purpose for which the premises were managed, then from that day the Manager shall have the right to either terminate this Management Agreement or to continue in possession of the remainder of the same under the terms herein provided, except that the rent shall be reduced in proportion to the amount of the premises taken. The Parties agree that the Manager shall not be entitled to any damages by reason of the taking of this Agreement, or be entitled to any part of the award for such taking, or any payment in lieu thereof. 16. SUBORDINATION This Agreement and the rights of the Manager hereunder are hereby made subject and subordinate to all bona fide mortgages now or hereafter placed upon the said premises by the City and any other owner provided, however, that such mortgages will not cover the equipment and furniture or furnishings on the premises owned by the Manager. The Manager further agrees to execute any instrument of subordination, which might be required by mortgagee of the City. 17. DEFAULT; REMEDIES (a) The Manager further covenants that, if default shall be made in the payment of rent, or any additional rent, when due, or if the Manager shall violate any of the other covenants of this Agreement and fail to correct such default within fifteen (15) days after a written request by 7 the City to do so, then the City may, at its option, deem this A greement terminated, accelerate all rents and future rents called for hereunder and Manager shall become a tenant at sufferance, and the City shall be entitled to obtain possession of the premises as provided by law. (b) In case the managed property shall be abandoned, as such term is defined by Florida Statutes, the City, after written notice as provided by Florida Statutes to the Manager, City may (i) re-enter the premises as the agent of the manager, either by force or otherwise, without being liable to any prosecution or claim therefore, and may relet the managed property as the agent of the manager and receive the rent therefore and apply the same to the payment of such expenses as City may have incurred in connection with the recovery of possession, reduction, refurbishing or otherwise changing or preparing for reletting, including brokerage and reasonable attorney's fees. Thereafter, it shall be applied to the payment of damages in amounts equal to the rent hereunder and to the cost and expenses of performance of the other covenants of Manager as provided herein; or (ii) the City may, at its option, terminate this Agreement by giving the Manager fifteen (15) days' written notice of such intention served upon the Manager or left upon the managed property, and the term hereof shall absolutely expire and terminate immediately upon the expiration of said fifteen (15) day period, but the Manager shall nevertheless and thereafter be liable to the City for any deficiency between the rent due hereunder for the balance of the term of this Agreement and the rent actually received by City from the managed property for the balance of said term. (c) The City, at its option, may terminate this Agreement as for a default upon the occurrence of any or all of the following events: an assignment by Manager for the benefit of creditors; or the filing of a voluntary or involuntary petition by or against Manager under any law for the purpose of adjudicating manager bankruptcy; or for reorganization, dissolution, or arrangement on account of or to prevent bankruptcy or insolvency; or the appointment of a receiver of the assets of Manager; or the bankruptcy of the Manager. Each of the foregoing events shall constitute a default by Manager and breach of this Agreement. 18. MISCELLANEOUS (a) The City shall have the unrestricted right of assigning this Agreement at any time, and in the event of such assignment, the City shall be relieved of all liabilities hereunder. (b) This contract shall bind the City and its assigns or successors, and the Manager and assigns and successors of the Manager. (c) It is understood and agreed between the Parties hereto that time is of the essence of this Agreement and this applies to all terms and conditions contained herein. (d) It is understood and agreed between the Parties hereto that written notice sent by certified or registered mail, or hand delivered to the Manager’s office shall constitute sufficient 8 notice to the Manager, and written notice sent by certified or registered mail or hand delivered to the office of the City shall constitute sufficient notice to the City. (e) The rights of the City under this Agreement shall be cumulative, and failure on the part of the City to exercise promptly any rights given hereunder shall not operate to forfeit any of the said rights. (f) It is hereby understood and agreed that manager shall use no signs in connection with the premises hereunder, except inside the building, which signs shall be subject to the prior approval of the City. All signage must comply with City ordinances. (g) It is understood that no representations or promises shall be binding on the Parties hereto except those representations and promises contained herein or in some future writing signed by the party making such representations or promises. (h) It is hereby agreed that if any installment of rent or any other sum due from Manager is not received by City within five (5) days after such amount shall be due, Manager shall pay to City a late charge equal to five percent (5%) of such overdue amount. The City shall not be required to accept any rent not paid within five (5) days subsequent of the date when due absent the simultaneous payment of this late charge. The requirement for a late charge set out herein shall not be construed to create a curative period or a grace period for the timely payment of rent. (i) Consumption of alcoholic beverages is to be confined to the fenced-in area of the Sailing Center, with appropriate signage and enforcement to prevent alcoholic beverages from being removed from the premises. (j) The sale of alcoholic beverages must be in accordance with applicable City Code of Ordinances and Florida State law. Manager agrees to obtain all necessary permits in accordance with applicable City Code of Ordinances and Florida State law. (k) The Manager shall submit an annual report of all operations, including but not limited to, number of classes held, number of participants served, number of members, programs conducted, races held, budget including expenses, revenue, and capital expenditures. The City reserves the right to require a certified public accountant audit at any time during the term of the lease. 19. SUBROGATION The City and Manager agree that each will cause its policies of insurance for fire and extended coverage to be so endorsed as to waive any rights of subrogation which would be otherwise available to the insurance carriers, by reason of any loss or damage to the managed property or property of City. Each party shall look first to any insurance in its favor before making any claim against the other party. Nothing contained herein shall in any way be 9 considered or construed as a waiver or re-agreement by the City of any and all of the other covenants and conditions contained in this Agreement to be performed by the Manager. 20. PARKING SPACES Manager shall have the right to use and control any and all non-metered legal parking spaces/areas on or about the managed premises subject to the needs of the City for special events deemed necessary for official city business. All metered parking spaces/areas are under the exclusive use and control of the City; provided, however, that the City will attempt to accommodate Manager for parking at metered parking spaces/areas during Manager’s special events and such accommodation will not be unreasonably withheld. The City agrees to cooperate with Manager in obtaining any and all permits for use and/or construction of parking spaces/areas within the bounds of the management agreement area. The City acknowledges the importance of the 56 non-metered parking spaces and the unpaved parking area between the non- metered and metered parking areas (the “CCSC Parking Space”) to the successful operation of the Clearwater Community Sailing Center. The City agrees it will consult with Manager prior to proposing the conversion of any of CCSC Parking Space to metered spaces and the City will be accommodating and reasonable with respect to the needs of the Clearwater Sailing Center for non-metered parking spaces in any such proposal. 21. IDEMNIFICATION The Manager shall act as an independent contractor and agrees to assume all risks of providing the program activities and services herein agreed and all liability thereof, and shall defend, indemnify, and hold harmless the City, its officers, agents, and employees from and against any and all claims of loss, liability, and damages of whatever nature, to persons and property, including, without limiting the generality of the foregoing, death of any person and loss of the use of any property, except claims arising from the negligence or willful misconduct of the City or City's agents or employees. This includes, but is not limited to, matters arising out of or claimed to have been caused by or in any manner related to the Manager's activities or those of any approved or unapproved invitee, contractor, subcontractor, or other person approved, authorized, or permitted by the Manager in or about its premises whether or not based on negligence. Nothing contained herein shall be construed as a waiver of any immunity from or limitation of liability the City may be entitled to under the doctrine of sovereign immunity or section 768.28, Florida Statutes. Manager agrees to pay on behalf of the City, and to pay the cost of the City's legal defense, as may be selected by the City, for all claims described in this section. Such payment on behalf of the City shall be in addition to any and all other legal remedies available to the City and shall not be considered to be the City's exclusive remedy. This section shall survive the termination of this Agreement. 10 22. “AS IS” CONDITION The Manager accepts the managed premises on an "as is" basis, and City shall have no obligation to improve or remodel the managed premises, except as set forth above at paragraph 14. 23. CONSTRUCTIVE EVICTION Manager shall not be entitled to claim a constructive eviction from the premises unless Manager shall have first notified City in writing of the condition or conditions giving rise thereto and, if the complaints be justified, unless City shall have failed within a reasonable time after receipt of such notice to remedy such conditions. 24. CLEAN UP EXPENSES Extraordinary expenses for cleanup or trash removal for major regattas or non-routine functions shall be the expense of the Manager. 25. SEVERANCE The invalidity or unenforceability of any portion of this Agreement shall in nowise affect the remaining provisions and portions hereof. 26. CAPTIONS The paragraph captions used throughout this Agreement are for the purpose of reference only and are not to be considered in the construction of this Agreement or in the interpretation of the rights or obligations of the parties hereto. 27. NO HAZARDOUS MATERIALS The Manager herewith covenants and agrees that no hazardous materials, hazardous waste, or other hazardous substances will be used, handled, stored or otherwise placed upon the property or, in the alternative, that such materials, wastes or substances may be located on the property, only upon the prior written consent of the City hereunder, and only in strict accord and compliance with any and all applicable. state and federal laws and ordinances. In the event such materials are utilized, handled, stored or otherwise placed upon the property, manager expressly herewith agrees to indemnify and hold City harmless from any and all costs incurred by City or damages as may be assessed against City in connection with or otherwise relating to said hazardous materials, wastes or substances at any time, without regard to the term of this Agreement. This provision shall specifically survive the termination hereof. 11 28. CONFORMANCE WITH LAWS Manager agrees to comply with all applicable federal, state and local laws during the life of this Agreement. Manager agrees to obtain all necessary permits in accordance with applicable City Code of Ordinances and Florida State law. 29. ATTORNEY’S FEES In the event that either party seeks to enforce this Agreement through attorneys at law, then the parties agree that each party shall bear its own attorney fees and costs. 30. GOVERNING LAW The laws of the State of Florida shall govern this Agreement, and any action brought by either party shall lie in Pinellas County, Florida. 31. RADON GAS The following notice is given to comply with Section 404.056(5), Florida Statutes: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. 32. FORCE MAJEURE This Agreement and the obligation of Manager to pay rent and additional rent hereunder and to perform all of the other covenants and agreements hereunder on part of Manager to be performed shall not be affected, impaired or excused because City is unable or delayed in supplying any service, or is unable to make or is delayed in making any repairs, additions, alterations or decorations, or is unable to supply or is delayed in supplying any equipment or fixtures, if City is prevented or delayed from so doing by reason of a strike or labor trouble, or governmental preemption in connection with a National Emergency or in connection with any rule, order or regulation of any department or subdivision thereof or of any governmental agency, or by reason of the condition of supply and demand which have been or are affected by war or other emergency, or by any Act of God or other condition beyond the control of City. 33. PUBLIC RECORDS. This Agreement is subject to the Public Records Law of the State of Florida, including Chapter 119, Florida Statutes. Manager agrees and acknowledges that any books, documents, records, correspondence or other information kept or obtained by City, or furnished by Manager to City, in connection with this Agreement or the services contemplated herein, and any related records, are public records subject to inspection and copying by members of the public pursuant 12 to applicable public records law, including Chapter 119, Florida Statutes. City may terminate this Agreement at any time for Manager’s refusal to allow public access to all documents, papers, letters, materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by either party in conjunction with this Agreement. IN WITNESS WHEREOF, the City and Manager have caused this instrument to be signed by their respective duly authorized officers and dated below. Clearwater Community Sailing Association, Inc. By: Print Name: Title: Date: _________________________________ Countersigned: CITY OF CLEARWATER, FLORIDA ___________________________ ________________________________ Frank Hibbard William B. Horne II Mayor City Manager Date: ______________________ Approved as to form: Attest: ___________________________ ________________________________ Owen Kohler Rosemarie Call Assistant City Attorney City Clerk 13 EXHIBIT A CLEARWATER COMMUNITY SAILING CENTER: Commence at the Southwest corner of SECTION 17, TOWNSHIP 29 SOUTH, RANGE 15 EAST, run N.89°10'31"E., 843.47 feet; thence run N.42°13'31" E., 886.07 feet; thence run S.47°46'29"E., 50.00 feet to the Point of Beginning; thence run N.42°13'31"E., 630.00 feet; thence run S.47°46'29"E., 200.00 feet plus or minus to the Mean High Water Line of Clearwater Harbor; thence run along said Mean High Water Line to a Point, Said Point being the intersection of the Mean High Water Line and a Line having a Bearing of S.47°46'29"E., from the Point of Beginning; thence run N.47°46'29"W., 237.00 feet plus or minus to the Point of Beginning. (“Clearwater Community Sailing Center”). (Yellow shaded area “1” on aerial map.). TWO (2) ADDITIONAL TRACTS OF LAND: Commence at the Southwest Corner of Section 17, Township 29 South, Range 15 East; thence N89°10'31"E, along the South boundary of said section 17, a distance of 843.47 feet to the centerline of Gulf Boulevard; thence N42°13'31"E, along said centerline, a distance of 886.07 feet; thence leaving said centerline S47°46'29"E, 50.00 feet, to the Easterly Right-of-Way line of Gulf Boulevard; thence N42°13'31"E, along said Easterly Right-of-Way line, a distance of 630.00 feet, to the Point of Beginning; thence continue N42°13'13"E, along said Easterly Right- of-Way line, a distance of 100 feet; thence leaving said Easterly Right-of-Way, S47°46'29"E, to the Mean High Water Line of Clearwater Harbor; thence along said Mean High Water Line to a point on a line lying S.47°46'29”E. of the Point of Beginning; thence N.47°46’29”W., along said line, to the Point of Beginning. (Yellow shaded area “2” on aerial map.). Commence at the Southwest corner of Section 17, Township 29 South, Range 15 East; thence N89°10'31"E along the South boundary of said Section 17, a distance of 843.47 feet to a point of intersection with the centerline of Gulf Boulevard Right-of-Way; thence N42°13'31"E along the centerline of said Right-of-Way a distance of 1983.25 feet to a point of curvature; thence along a curve to the left, said curve also being the centerline of the said Right-of-Way, having a chord bearing of N34°49'43"E, a radius of 1909.86 feet, a central angle of 14°47'32", an arc length of 493.07 feet, and a chord length of 491.71 feet to the Point of Beginning; thence N57°35'40"W along a non-radial line a distance of 50.19 feet to the point of cusp, of a non - tangent curve, said point also being on the west Right-of-Way line of Gulf Boulevard; thence along a curve to the left, said curve also being the said west Right-of-Way line of chord bearing of N25°58'24"E, a radius of 1859.86 feet, a central angle of 2°38'32", an arc length of 85.77 feet, and a chord length of 85.76 feet; thence S61°44'07"E along a non-radial line a distance of 137.96 feet; thence S25°51'33'W a distance of 95.81 feet; thence N57°35'40"W along a non-radial line a distance of 88.73 feet to the aforementioned Point of Beginning. (Yellow shaded area “3” on aerial map.). GULF BLVD AERIAL MAP Legend Sailing Center Mgmt Agt Parcels (Clearwater) SAND KEY PARK Aerial Flown 2019 Document Path: C:\Users\Christopher.Melone\City of Clearwater\Engineering Geographic Technology - Documents\GIS\_Staff\Chris\Projects\City\ParksRec\SailingCenteRMgmtAgtLegall_Map.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: 2020 Sailing CenterManagement Agreement Page: 2 of 27/17/2020Date:269BGrid #:10-29s-15eS-T-R:CRMMap Gen By:TMReviewed By: 1 2 3 15 EXHIBIT B INSURANCE AND RISK OF LOSS LOSS CONTROL/SAFETY Precaution shall be exercised at all times by Manager for the protection of all persons, including employees, and property. Manager shall be expected to comply with all laws, regulations or ordinances related to safety and health and shall make special effort to detect hazardous conditions and shall take prompt action where loss control/safety measures should reasonably be expected. The City may order work to be stopped if conditions exist that present immediate danger to persons or property. Manager acknowledges that such stoppage will not shift responsibility for any damages from Manager to the City. BASIC COVERAGES REQUIRED Manager shall procure and maintain the following described insurance, except for coverage specifically waived by the City, on policies and with insurers acceptable to the City. These insurance requirements shall not limit the liability of Manager. The City does not represent these types or amounts of insurance to be sufficient or adequate to protect Manager's interests or liabilities but are merely minimums. Such coverages shall protect Manager from claims for damages for personal injury, including accidental death, as well as any party directly or indirectly employed by Manager. Except for workers' compensation and professional liability, Manager's insurance policies shall be endorsed to name the City as an additional insured to the extent of the City's interests arising from this Agreement. Except for workers' compensation, Manager waives its right of recovery against the City, to the extent permitted by its insurance policies. Manager's deductibles/self-insured retentions shall be disclosed to the City and may be disapproved by the City. They shall be reduced or eliminated at the option of the City. Manager is responsible for the amount of any deductible or self-insured retention. Insurance required of Manager or any other insurance of Manager shall be considered primary, and insurance of the City shall be considered excess, as may be applicable to claims which arise out of the Hold Harmless, Payment on Behalf of City, Insurance, Certificates of Insurance and any Additional Insurance provisions of this Agreement. Where no specific limit of coverage is mentioned in this Agreement, the minimum limit of insurance coverage required by the City shall be $1,000,000. 16 Workers Compensation Coverage Manager shall purchase and maintain statutory workers compensation insurance for all workers compensation obligations imposed by state law and employer's liability limits of at least $100,000 each accident and $100,000 each employee/$500,000 policy limit for disease. Manager shall also purchase any other coverage required by law for the benefit of employees. General, Automobile, and Excess o r Umbrella Liability Coverage Manager shall purchase and maintain coverage on forms no more restrictive than the latest editions of the Commercial General Liability and Business Auto policies of the Insurance Services Office. Minimum limits of $500,000 per occurrence for all liability must be provided, with excess or umbrella insurance making up the difference, if any, between the policy limits of underlying policies and the total amount of coverage required. Commercial General Liability Coverage – Occurrence Form Required Coverage A shall include bodily injury and property damage liability for premises, operations, products and completed operations, independent contractors, contractual liability, and liquor liability covering this Agreement, broad form property damage, and property damage resulting from explosion collapse or underground (x, c, u) exposures. Coverage B shall include personal injury. Coverage C, medical payments, is not required. Manager is required to continue to purchase products and completed operations coverage, at least to satisfy this Agreement, for a minimum of three (3) years beyond the City's acceptance of any renovation or construction projects. Minimum limits of $500,000 per occurrence for all liability must be provided, with excess or umbrella insurance making up the difference, if any, between the policy limits of underlying policies and the total amount of coverage required. Business Auto Liability Coverage Business Auto Liability coverage is to include bodily injury and property damage arising out of ownership, maintenance or use of any auto, including owned, non-owned and hired automobiles and employee non-ownership use. Excess or Umbrella Liability Coverage 17 Umbrella Liability insurance is preferred, but an Excess Liability equivalent may be allowed. Whichever type of coverage is provided, it shall not be more restrictive than the underlying insurance policy coverage. Excess or Umbrella Liability insurance shall include bodily injury and property damage coverage. Manager shall purchase and maintain Excess or Umbrella Liability coverage over and above its other liability coverage in the amount of $500,000. Property Coverage for Premises The City shall maintain for the life of the Agreement, all risk/special perils (including sinkhole) property insurance (or its equivalent) to cover loss resulting from damage to or destruction of the Premises and its improvements, and any attached personal property or contents belonging to the City. The City, at its option, may self-insure this exposure. Flood Insurance City shall procure and maintain flood insurance either for the insured value of any buildings or structures located on the managed premises or the maximum amount of flood insurance available through the National Flood Insurance Program. EVIDENCE/CERTIFICATES OF INSURANCE Required insurance shall be documented in Certificates of Insurance that provide that the City shall be notified in advance of cancellation, non-renewal or adverse change. New Certificates of Insurance are to be provided to the City at least 15 days prior to coverage renewals. If requested by the City, Manager shall furnish complete copies of Manager's insurance policies, forms and endorsements. For Commercial General Liability coverage, Manager shall, at the option of the City, provide an indication of the amount of claims payments or reserves chargeable to the aggregate amount of liability coverage. Receipt of certificates or other documentation of insurance or policies or copies of policies by the City, or by any of its representatives, which indicate less coverage than required does not constitute a waiver of Manager's obligation to fulfill the insurance requirements herein. Business Plan 2020-2024 Summary The Clearwater Community Sailing Center is seeing the reality of becoming the area’s, if not the state’s, premier waterfront facility. CCSC has used sailing as its foundation and has expanded its programs into other areas of non-motorized boating and other water sport activities. The location of the center with the protected harbor and access to the Gulf makes it a desirable location for all skill levels, from beginner to highly skilled competitors. It is an ideal area for regattas and local competitive training facility for Olympic class sailors. By continuing to expand our programs and partner with other organizations, our reputation as a desired watersports venue will continue to grow. With that growth we will be able to serve our local community with greater impact, with more versatility, and maintain financial health and sustainability. Mission Statement The Mission of the Clearwater Community Sailing Center is to provide safe, enriching and affordable sailing opportunities to local residents and visitors, including youth, seniors and the disabled for the enjoyment and benefit of our entire community. Vision CCSC will become the premier non-motorized waterfront facility, offering sailing, kayaking, paddling and other environmentally friendly aquatic activities and programs that promote water safety and education; as well as being the home port for various clubs and organizations as well as the continuation of hosting events promoting water sports. Values • Committed to providing a physically and emotionally safe environment for all of our members and visitors. • Believe and follow the principle of inclusion. We welcome and encourage everyone to participate in our activities regardless of age, gender, race, and creed, place of origin, financial status or physical ability. • Promote respect and appreciation for one’s self, others, society as a whole and the natural environment. • Strive for continual improvement of individuals, and organizations. The CCSC recognizes that this can be facilitated through healthy competition and the cooperation among various individuals and groups. • Promote the development of Sportsmanship. Background Years ago, local sailors flocked to the beach at Sand Key to launch boats off the sandy area where today stands the CCSC. It was due to the combined efforts of many local sailors from individuals, Clearwater Yacht Club (CYC) and Windjammers of Clearwater (WJOC) that the site was saved from becoming a parking lot and transformed it into one of the finest sailing facilities in the United States. In 1991, the current facility was built and operated by the City of Clearwater as a recreational facility, originally falling under the Marine & Aviation Department and currently under the Parks & Recreation Department. In 2002 the city partnered with Clearwater Community Sailing Association, a 501(c)3 non- profit organization, to take over the operations and programs at the facility. Under the management of CCSA expanded services, activities, usage and visibility of CCSC have provided a great deal of goodwill locally, nationally and internationally for our Clearwater Community. The reputation of the center continues to reflect positively on the city and surrounding area. CCSC continues to expand the versatility of its services and programs in efforts to meet the needs of our local community as well as guests to the area. Recent Accomplishments CCSC is becoming recognized as a premier sailing venue in the southeast. In 2011 CCSC became a U.S. Sailing Community Sailing Sanctioned Center and assists as a co-host for US Sailing with Annual National Symposiums 2011 and 2013. We have recently been honored with a partnership with US Sailing as an Olympic / Paralympic Training Center, as well as a co-host of the 2016 World Championships for the Olympic 49er and 49erFX Class. In the past couple of years CCSC received a number of awards including 2012 Clearwater Regional Chamber, Small Non-Profit of the Year, Clearwater Beach Chamber 2013 Non- Profit of the Year. We also received US Sailings 2013 Outstanding Program for Disabled Sailors for our pilot special needs program for Autistic / Asperger’s syndrome. CCSC , in conjunction with Sailability of Greater Tampa Bay, has hosted the Never Say Never Pirate Camp for limb different children from 2012- 2020. The event brings over 40 children and their families each year. In 2018 CCSC hosted both the Kona World Championship and RS Feva World Championship. Physical Site The current site consists of a modern 2 story building with office, storage, and repair area. There are utility, toilet, and shower facilities as well as meeting rooms with an upper and lower deck and veranda. There are 3 stairways, and elevator for access to the second level. There are two fixed docks extending 162 feet into the harbor with floating platforms on each end with the northern dock being adaptable sailing accessible, and a 3-boat lift on the southern dock. The physical site includes all land from the edge of Gulf Boulevard to the water edge and from the property line of the Marriott at the south end to the north storage pen at the base of Sand Key Bridge. Other storage areas include the property under the south side of Sand Key Bridge to the County Park property line. Boat Storage The main yard is used for the center’s fleet of boats. There is a north beach storage pen that is used to store members’ boats and is a convenient launching site for the smaller craft. Storage is provided for a nominal fee and the rate is adjusted to size of boat. Other storage is provided on a short-term basis for events and regattas. Storage areas are also utilized by our Corporate Members / Partners and may be included in their agreements. Fleet CCSC has both entry-level and intermediate sailing vessels, as well windsurfing gear, kayaks, and stand up paddleboards. With a versatile quantity of watercraft, we are able to provide our community with a variety of recreational options, as well as vessels for educational, instructional and community programs. CCSC also has 7 support Safety/Rescue power vessels. Programs Since 2005, over 5000 youth from ages 5 – 17 have attended CCSC summer and out of school camps. On a 4-year average approximately 430 children attend the ten weeks of summer sailing camp each year. On the same average, more than 1500 adults from 17-80 annually take some form of sailing instruction at CCSC. Our students have been of all abilities, and economic backgrounds. Sailors from across the U.S. and around the globe continue to participate each year in regattas sailed out of CCSC. CCSC continues to expand on various programs for youth and adult. Our facility provides a variety of services and programs for our local community. Watercolor and yoga classes are also offered at the facility and geared toward our senior population. Local civic associations and Condo Associations such as Sand Key Civic Association use CCSC for their monthly and annual meetings. CCSC is also host to numerous wedding receptions and events for local area residents. Special Needs Programs CCSC provides special needs programs through our own staff and partnership with other organizations. CCSC provides programming for those Physically Challenged Sailors through its partnership with Sailability of Greater Tampa Bay (SGTB), a not for profit 501(c)3. SGTB partnered with CCSC in 2002 and provides adaptable sailing with its fleet of accessible dinghies. SGTB provides sailing instruction and training for the Special Olympics and CCSC is a Special Olympic sanctioned training center through SGTB. There are a number of community programs that are hosted by SGTB and CCSC including Shriners Hospital, Boys and Girls Clubs of Tampa Bay, The Florida Sheriff’s Youth Ranch, Wounded Warriors, Veterans from local VA as well Never Say Never Pirate Camp. These are just a few of the many that are serviced through SGTB and CCSC’s partnership. Volunteers Volunteers – Our membership base has provided thousands of volunteer hours that have helped support the Sailing Center’s mission. Volunteers perform such varied tasks as yard and beach clean-up, vessel repair, assisting instructors in group instruction and on the water lookout during Sailability Community Sails and other CCSC events. Volunteers are also necessary for fundraising, event organization and implementation. Membership CCSC's membership has grown considerably since the approximate membership of 25 in 2002. Since 2011, we have averaged around 300 annual memberships per year, both individual and family. CCSC continues to expand on its other part time memberships including daily, 2 Day Resort as well as Seasonal. CCSC successfully reaches the full spectrum of today’s society. We serve ages from 5 to seniors, both able bodied and special needs sailors including physically, emotionally or financially challenged. Geographically, approximately 75% of our clients live in Clearwater, St. Petersburg, or Tampa and the surrounding areas. The remainder is both domestic and international visitors. Many are repeat customers who return year after year with the sailing center as one of the attractions that brings them back to Clearwater. Supporting Organizations CCSC enjoys both volunteer and economic support from a number of organizations. Tampa Bay Charities, Inc., Sand Key Civic Association, Clearwater Yacht Club, Clearwater Beach Rotary, and Paralyzed Veterans Association just to name a few. We also receive support from other groups and individuals. CCSC has received over $130,000.00 in financial support over the last 3 years. Operations CCSC operates as an all-inclusive, non-motorized vessel sailing facility. We provide memberships for local residents and visitors. CCSC also provides youth and adult programs and events. Aside from membership, CCSC provides rental use of equipment for daily guests and visitors. CCSC also provides a winter training home for national sailing organizations such as the Canadian Sailing Federation, Quebec Sailing and others. We also provide facility rentals for events. There are retail items for sale in the office. Income Activities CCSC is host to numerous programs and activities that provide income for the daily operations at the center. • Membership • Sailing Instruction • Youth Programs • Regattas • Boat Storage • Boat Rental (including windsurf gear, kayaks, standup paddle boards) • Retail Sales • Donations, grants and other sources of funding Staffing and Hours of Operation CCSC currently is staffed by 5 full-time employees. There are also numerous part-time and seasonal employees on staff as needed. Two full time employees are US Sailing Certified instructors of at least Level 2 or higher, that also includes First Aid and CPR training. The hours of operation are Tuesday to Sunday, 9-5, with Monday closed. Summer hours of operation are 9-6, 7 days a week. There is also additional staffing during facility rentals, often outside of normal business hours. Pricing and Profitability Pricing for fees, goods, and services are continually analyzed and adjusted to be competitive with other community sailing centers in the state. Periodic surveys will be taken to ensure CCSA’s rates and fees are competitive and in alignment with other community sailing centers. We continue to look for additional opportunities to expand our present income streams Goals Each goal below will have its own objectives and strategic initiatives that will be developed to accomplish the goal. These goals will continue to make CCSC more viable and financially sustainable. With the ever-increasing effort and dedication being made, CCSC will continue to fill its mission and build upon its vision for the benefit of our entire community. I. Financial growth and sustainability A. Develop Board responsibilities for financial growth 1. Progressive Board growth a. Strategic and diverse board membership b. Strong community connected members 2. Strategize growth potential according to mission a. Determining short- and long-term objectives b. Redefining / update of mission c. Evaluating and addressing potential mission drift 3. Organization priorities and consistency a. Identify organizational priorities b. Consistent management and support 4. Fundraising Committee a. Develop a Strategic Fundraising Plan b. Incorporate Innovative Fundraising Techniques c. Board levels of involvement d. Fundraising responsibility B. Analyze current programs and services 1. Determine effectiveness /efficiency of current programs / contributions a. Community programs b. Membership programs c. Partnership programs 2. Determine effectiveness / efficiency of current services a. Membership b. Instruction c. Boat rental d. Facility rental e. Storage f. Retail sales C. Increase current program participation levels 1. Review current program organization and implementation a. Improve program management strategy b. Develop a plan of desired program paths, competitive/non-competitive c. Develop needed continuing education programs and modules 2. Review current program marketing a. Analyze and target demographically b. Review current marketing and improve strategies c. Utilize available marketing resources D. Continued expansion of programs, activities, and events 1. Broaden scope of base programs a. Wider variety of sailing programs i. Diverse youth programs, competitive / non-competitive ii. Diverse adult programs, competitive / non- competitive iii. Scheduled programs and instruction b. Wider variety of paddling programs i. Increased stand up paddling programs ii. Introduce kayak instruction program iii. Continue partnership program for outrigger paddling 2. Continue Promotion of water safety educational programs a. Community Safety Education b. Sailing and boating safety education i. US Sailing c. Marine environment education i. Partnership with local existing programs ii. Develop environmental program 3. Promote aquatic educational opportunities to educational facilities a. Private schools b. Local colleges for accreditation 4. Promote, increase host events and regattas a. Increase level of regattas i. Continued CYC partnership to host regattas ii. Provide race official instruction iii. Increase local fun racing b. Offer other water sporting events i. Paddle racing ii. Kayak outings 5. Attract grants and donations through programs offered 6. Continued facility rental opportunities 7. Expand retail product and sales II. Continued cooperative effort with local business, civic and community organizations to further the development A. Provide Corporate memberships for area businesses B. Develop sponsorships to support various programs C. Continue to develop the committees that support the operational and safety at CCSC D. Continue to develop CCSC volunteer programs III. Improved Marketing and Advertising A. Review current advertising and marketing efforts B. Market Research 1. Industry trends a. Local, state, national 2. Customer base target segmenting a. Existing Customers b. Potential Customers 3. Competition a. Local, state market competition i. Membership ii. Services C. Develop marketing strategy 1. Objectives a. Membership b. Services c. Fundraising / Sponsorship 2. Marketing Budget a. Percentage of previous sales by target objective b. Annual set amount 3. Determination of Media a. Print b. TV/Radio c. Web / Social Medias IV. Long-term Ambitions A. Increase meeting and classroom space B. Increase vessel and gear storage facilities C. Continued fleet asset capitalization D. Continued building and aesthetic upgrades E. Increase retail inventory / services F. Continued focus on new program development Financial History and Five-Year Projections The historical data collected in the table below is used to provide the upcoming five-year projections. The projections are based on the current state of the economy and the fluctuating net income. The net income does not have an increasing/decreasing pattern in revenues, therefore the baseline for the next five year projections are taken from the average income over the past five years (FY 2009 through FY 2013) with a projected a 5 percent income increase and 5 percent expense increase over each year. Budget FY 2017A FY 2018A FY 2019A FY 2020B FY 2021F FY 2022F FY 2023F FY 2024F FY 2025F Revenue Donations 44,788 71,852 69,847 42,720 44,856 47,099 49,454 51,926 54,523 Youth Sailing Fund 10,882 555 1,138 1,140 1,197 1,257 1,320 1,386 1,455 Membership Dues 144,384 131,886 131,039 135,770 142,558 149,686 157,170 165,029 173,280 Boat Rental 33,768 31,335 34,629 33,244 34,906 36,651 38,484 40,408 42,429 Boat Storage 25,179 27,201 25,310 25,897 27,192 28,551 29,979 31,478 33,051 Facilities Rental 32,878 34,404 30,941 32,741 34,378 36,097 37,902 39,797 41,787 Retail 1,216 1,953 904 904 949 996 1,046 1,099 1,154 Summer Camp Fees 175,368 190,574 192,460 186,134 195,441 205,213 215,473 226,247 237,559 Sale of Assets 946 375 474 599 628 660 693 728 764 Regatta Income 30,841 27,875 55,820 38,179 40,088 42,092 44,197 46,407 48,727 Other Income (521)1,345 1,288 751 788 828 869 913 958 Total Revenue 499,730 519,356 543,850 498,077 522,981 549,130 576,587 605,416 635,687 Expenses Staff Expenses Wages and Salaries 258,301 252,154 260,299 267,752 281,140 295,197 309,957 325,454 341,727 Bonuses 4,100 2,500 2,810 2,808 2,948 3,096 3,251 3,413 3,584 Employee Taxes 20,858 20,550 20,943 20,943 21,991 23,090 24,245 25,457 26,730 Benefits 12,284 9,655 10,731 10,961 11,509 12,085 12,689 13,324 13,990 Travel and Entertainment (T&E)822 2,291 2,274 2,604 2,734 2,871 3,014 3,165 3,323 Marketing 14,022 5,039 7,443 -- -- -- -- -- -- Boats and Equipment Power Boats 7,905 12,518 6,692 9,000 9,450 9,923 10,419 10,940 11,487 Fuel 4,554 4,280 4,365 4,380 4,599 4,829 5,070 5,324 5,590 Rental Boats 9,470 9,008 3,884 7,320 7,686 8,070 8,474 8,898 9,342 Tools & Equipment 3,580 5,534 3,707 4,200 4,410 4,631 4,862 5,105 5,360 Tractor / Tugs 732 1,441 2,121 1,440 1,512 1,588 1,667 1,750 1,838 Trailers 4,329 2,308 1,524 2,700 2,835 2,977 3,126 3,282 3,446 Youth Programs 3,180 7,297 2,326 4,200 4,410 4,631 4,862 5,105 5,360 Regatta Expenses 22,152 15,573 36,020 7,848 8,240 8,652 9,085 9,539 10,016 Maintenance 17,349 13,230 17,957 16,200 17,010 17,861 18,754 19,691 20,676 Summer Camp Expenses 4,970 8,160 6,254 6,402 6,722 7,058 7,411 7,781 8,170 Special Event Expenses 737 266 1,057 684 718 754 792 831 873 Rent 15,835 15,835 16,479 17,520 18,396 19,316 20,282 21,296 22,360 Utilities 22,278 23,757 25,406 26,028 27,329 28,696 30,131 31,637 33,219 Office Supplies 6,044 7,142 9,789 9,780 10,269 10,782 11,322 11,888 12,482 Insurance 32,495 32,397 33,203 34,033 35,735 37,521 39,397 41,367 43,436 Professional Fees 24,351 24,465 27,417 26,654 27,987 29,386 30,855 32,398 34,018 Dues and Subscriptions 2,052 1,250 1,055 1,055 1,108 1,163 1,221 1,282 1,346 Taxes (122)1,611 1,413 1,440 1,512 1,588 1,667 1,750 1,838 Other Expenses 2,607 3,002 196 2,785 2,924 3,070 3,224 3,385 3,554 Depreciation 62,610 58,690 58,690 59,997 62,997 66,146 69,454 72,927 76,573 Total Expense 557,495 539,954 564,057 548,734 576,171 604,980 635,229 666,990 700,340 Net Income (57,764)(20,599)(20,206)(50,657)(50,657)(50,657)(50,657)(50,657)(50,657) less Depreciation 62,610 58,690 58,690 59,997 62,997 66,146 69,454 72,927 76,573 Net Operating Income 4,846 38,092 38,484 9,340 12,340 15,489 18,797 22,269 25,916 Actuals Forecast Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8062 Agenda Date: 8/3/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 6.1 SUBJECT/RECOMMENDATION: Ratify and confirm a Memorandum of Agreement (Agreement) between Bob Gualtieri, as Sheriff of Pinellas County, Florida (Sheriff); the City of St. Petersburg Police Department, the City of Clearwater Police Department, and the City of Pinellas Park Police Department, to create a Use of Deadly Force Investigative Task Force, and authorize the appropriate officials to execute same. (consent) SUMMARY: Whenever a police officer uses deadly force, three independent and bifurcated investigations occur. The Office of the State Attorney Sixth Judicial Circuit conducts an independent investigation to determine if the officer’s actions were justified or involved any criminal conduct. The police department’s Office of Professional Standards conducts an administrative investigation to determine if any violations of department policy or code of conduct occurred. Additionally, a criminal investigation is conducted to determine if the incident involved any criminal violations occurred. The criminal investigation has been conducted by the agency of the involved employee when it occurred in the agency’s jurisdiction. The police department, Pinellas County Sheriff’s Office, St. Petersburg Police Department, and Pinellas Park Police Department seek to create the Pinellas County Deadly Force Investigative Task Force through this agreement to establish a collaborative work group that will provide criminal investigations that are independent from the agency of the involved officer. As part of this agreement, the police department will make available, as needed, three experienced homicide investigators and supervisor staff as outlined in the agreement. The Clearwater Police Department would be the lead agency if a Pinellas County Sheriff’s Deputy used deadly force in Pinellas County, north of Ulmerton Rd. The Pinellas County Sheriff’s Department would be the lead agency if a Clearwater Police Officer used deadly force in the City of Clearwater. The St. Petersburg Police Department would be the lead agency if a Pinellas County Sheriff’s Deputy used deadly force in Pinellas County, south of Ulmerton Rd. The Pinellas County Sheriff’s Department would be the lead agency for the remaining law enforcement agencies in Pinellas County, with the exception of Largo Police Department and Tarpon Springs Police Department who utilized the Florida Department of Law Enforcement. This task force will provide a higher level of impartiality in the investigation of incidents involving police use of deadly force. Page 1 City of Clearwater Printed on 7/30/2020 File Number: ID#20-8062 There is no direct financial obligation associated with this agreement other than the regular personnel costs and overtime costs associated with the recall of personnel participating. APPROPRIATION CODE AND AMOUNT: N/A Page 2 City of Clearwater Printed on 7/30/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8078 Agenda Date: 8/3/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 6.2 SUBJECT/RECOMMENDATION: Approve an agreement with Axon Enterprise, Inc. of Scottsdale, AZ, in the amount of $2,217,407, for the five-year period from August 6, 2020 through August 5, 2025, for the purchase of body camera equipment, digital evidence storage and management, licensing, and training, in accordance with Clearwater Code of Ordinances Section 2.564(1)(d) Other Government Entities Bids; increase the number of full time equivalents within the Police Department by one position and upgrade one officer position to Police Sergeant; and authorize the appropriate officials to execute same. (consent) SUMMARY: To create operational efficiencies regarding evidence location/retention, address public records requests, and more appropriately aggregate and control property disposals relating to electronic evidence or items which could be digitized, the Police Department previously issued a Request for Proposal (RFP) #29-18 for a Digital Evidence Management System (DEMS), in cooperation with the City’s Procurement Department. The RFP Committee was comprised of members of the Police Department’s Property/Evidence Unit, Records Unit, Police Department management, and the city’s Information Technology Department. Based upon the proposals evaluated, Axon Enterprise, Inc. (Axon) was selected as the preferred vendor; this award was confirmed by the City Council in February 2019. The agreement provides for a Digital Evidence Management solution which supplies a common platform for all department employees and allows the Police Department to share records with the State Attorney’s Office, private attorneys, and citizens. This program was also anticipated to be the foundational system to develop and implement a Police Body Worn Camera Program (BWC). In April 2019, the City Council approved the Police Department’s request to incorporate five interview room cameras and one Driving Under the Influence (DUI) room camera into the DEMS. Subsequent to this, the Police Department has added several in-cruiser video systems which are directly compatible with this system. At the July 16, 2020, city council meeting, the Police Department was directed to incorporate a body worn camera program. The proposed body worn camera program is also a product of Axon and works in integration with the department’s Digital Evidence Management System. This agreement will provide for 200 Axon “Body 3” cameras, 25 docking bays, storage, licensing, and training to fulfill the Council directive. The pricing included in this agreement Page 1 City of Clearwater Printed on 7/30/2020 File Number: ID#20-8078 was previously competitively solicited and obtained through the National Purchasing Partners (Contract #VH11629), a national resource for public entities for similar public solicitations; the City of Clearwater is a participating member in this partnership. This five-year agreement supersedes and incorporates the Police Department’s previous Digital Evidence Management system agreement (Contract #900560), in addition to the cost of implementing a body worn camera program. Costs for the initial year of a BWC Program ($521,556.25) and DEMS ($45,401) total $566,956.25 with an annual recurring cost for years 2-5 at approximately $412,612.50 (BWC: $345,012.50 + DEMS: $67,601). The Police Department is simultaneously requesting an increase or upgrade in the number of full-time equivalents to process body camera videos and management the program as follows: ·Senior Police Records Clerk ·Converting a Police Officer position to a Police Sergeant position The total cost of the implementation/upgrade of these positions is approximately $68,907. Therefore, the total initial year costs of a Body Worn Camera Program, not including police uniform modifications, is approximately $590,463 ($521,556 + $68,907). Authorize Clearwater Police Chief Daniel Slaughter to sign the Quote appendix. APPROPRIATION CODE AND AMOUNT: A third quarter budget amendment will establish special program P2002, Police Body Worn Camera Program and provide a transfer of $175,306 from special program 99387, Federal Forfeiture Fund, and $170,857 from General Fund reserves. Additional funding of $270,794 will be transferred in fiscal year 2021 to provide total first year funding for contract costs and uniform modifications. Future fiscal year contract funding (FY22-FY25) will be required through the annual operating budget process. USE OF RESERVE FUNDS: Funding for will be provided by a third quarter budget amendment allocating General Fund reserves in the amount of $170,857 to special program P2002, Police Body Worn Camera Program. Inclusive of this item if approved, a net total of $2,564,294 of General Fund reserves has been appropriated by Council to fund expenditures in the 2019/20 operating budget. The remaining balance in General Fund reserves after the 8.5% reserve is approximately $25.0 million, or 16.4% of the current General Fund operating budget. Page 2 City of Clearwater Printed on 7/30/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7714 Agenda Date: 8/3/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Approve Engineer of Record (EOR) Supplemental Work Order Two to Atkins North America for $61,490, for Cooper’s Point (18-0009-EN) increasing the work order from $173,940 to $235,430 and authorize the appropriate officials to execute same. (consent) SUMMARY: June 21, 2018, City Council approved the initial $115,007 Work Order for a circulation study to develop alternatives with the most ecological benefit for projects identified in the Cooper’s Point Master Plan. July 18, 2019, City Council approved $58,933 Supplemental Work Order One for continued study of areas around Cooper’s Point, specifically the potential ecological impacts to mangrove swamp habitat due to the proposed hydrologic improvements, including coordination with Florida Department of Transportation (FDOT) District 7 for a total of $173,940. Supplemental Two is for the collection of environmental data to support permitting and project design. Work includes survey of the mosquito ditches and approximately 40 spoil piles, a bathymetric survey of Cooper’s Bayou and around the proposed bridge on the Courtney Campbell Causeway, and ten geotechnical borings for a new total work order value of $235,430. APPROPRIATION CODE AND AMOUNT: ENST180005-STDY-PROSVC $61,490 Funds are available in capital improvement project ENST180005, Coastal Basins, to fund this supplemental work order. Page 1 City of Clearwater Printed on 7/30/2020 WORK ORDER INITIATION FORM 1 of 6 Revised: 2/11/2016 WORK ORDER FORM for the CITY OF CLEARWATER Date: 7/17/2020 Project Number __________ City Project Number: __________ 1. PROJECT TITLE: Environmental Data Collection for Cooper’s Point 2. SCOPE OF SERVICES: Cooper’s Bayou, located on the northwest side of the Courtney Campbell Causeway (SR 60) near Safety Harbor has been identified as an area of water quality concern due to both excess nitrogen and algal blooms. In addition, there is the potential for mangrove mitigation, seagrass mitigation and water quality credits in this area of Old Tampa Bay. The City completed a Feasibility Study in May 2019 which demonstrated with initial hydrodynamic modeling and field work that an additional bridge under Courtney Campbell Causeway, re-establishment of historic mosquito ditches, a new bridge under the Dr. Kiran Patel Blvd, removal of spoil piles and Brazilian pepper, and dredging of a portion of the bayou would offer significant ecological benefits. Atkins is under contract with FDOT District 7 (FPID: 254549-2-32-03) to build from the Phase I Feasibility Study and prepare a Phase II Permitting Report that will include environmental and engineering elements. As part of this contract, the Consultant will coordinate with stakeholders and obtain project buy in. Permitting agencies and stakeholders include SWFWMD, Pinellas County, Hillsborough County, USACE (including associated commenting agencies) and the USCG to obtain concurrence for the project as future compensatory water quality treatment, mangrove mitigation and seagrass mitigation. The scope of services for this contract is to obtain additional survey and geotechnical data to aid in the permitting efforts being worked on by the Consultant. 1. Project Management/Meetings/Quality Control Atkins Project Manager, Amanda Serra will manage the technical tasks, communicate, and coordinate with the City staff and others. Atkins’ Project Manager will be responsible for overall coordination of the data collection and client satisfaction in all aspects of this Work Order including the schedule, deliverables, and quality control. WORK ORDER INITIATION FORM 2 of 6 Revised: 2/11/2016 2. Data Collection Atkins will obtain survey and geotechnical date using subconsultants to augment the previous data and hydrological model. a. Data coordination and Review: Atkins will collect and review existing data pertaining to previous studies in the project areas. These investigations will be conducted with the goal of verifying, augmenting, and/or updating the information collected, record drawings, and other sources. b. Survey Plan: Atkins, with sub consultant Oceanside Solutions will conduct investigatory- level survey to aid in the preparation of conceptual plans needed for permitting further detail is provided below. Atkins will survey and provide seven cross sections along the mosquito ditches that will be re-established. Atkins will also provide survey of approximately 40 spoil piles to get an average height and area of the spoil piles though out Coopers Point. Oceanside Solutions will provide bathymetric survey of Coopers Bayou and the area around the proposed bridge on the Courtney Campbell Causeway. Oceanside Solutions will conduct an investigatory hydrographic survey of Cooper’s Bayou and the connecting waterway into the Old Tampa Bay. Oceanside will provide cross sections approximately every 200 within Cooper’s Bayou with cross section from start and end at the approximate Mean High Water (MHW) line adjacent to respective shorelines, or as close to the vegetation line as reasonable. Oceanside will also provide bathymetric survey 500-feet to the north and south of the center point of the proposed bridge, as well as 500-feet to the east and west of the end points of the proposed bridge. c. Geotechnical Plan: Gulf Coast Geotechnical Engineering (GCGE) will perform ten (10) hand auger boings to depths of 5 to 8 feet below existing grades in areas of the existing mosquito ditches and associated spoil piles. This will be to provide soil stratigraphy and approximate soil profiles. GCGE will provide the location and description of potentially deleterious materials which may interfere with the construction progress including buried or surficial fill material, organics, construction debris, etc. 3. PROJECT GOALS: To provide additional data to support the conceptual plans and permitting efforts along with allowing for more accurate estimate of quantities. 4. BUDGET: This price includes all labor and expenses anticipated to be incurred by Atkins for the completion of these tasks in accordance with Professional Services Method “B” – Lump Sum – Percentage of Completion by Task, for a fee not to exceed Sixty-One Thousand Four Hundred Ninety Dollars ($61,490). 5. SCHEDULE: The scope of work will be delivered to the City within 60 days of notice to proceed. WORK ORDER INITIATION FORM 3 of 6 Revised: 2/11/2016 6.STAFF ASSIGNMENT: Atkins Team’s Key Staff: Daniel Parsons Project Manager Amanda Serra Senior Engineer Shayne Paynter Senior Technical Director David Loy Senior Scientist II 7.CORRESPONDENCE/REPORTING PROCEDURES: ENGINEER’s project correspondence shall be directed to: Daniel Parsons, PE, CFM, ENV SP (813) 281-4856, daniel.parsons2@atkinsglobal.com All City project correspondence shall be directed to: Sarah Kessler, CFM (727) 562-4897, sarah.kessler@myclearwater.com with copies to others as may be appropriate. 8.INVOICING/FUNDING PROCEDURES: For work performed, invoices shall be submitted monthly to the City of Clearwater, Engineering Department, Attn.: Veronica Josef, Senior Staff Assistant, PO Box 4748, Clearwater, Florida 33758-4748. City Invoicing Code: _______________________________________ 9.INVOICING PROCEEDURES At a minimum, in addition to the invoice amount(s) the following information shall be provided on all invoices submitted on the Work Order: A.Purchase Order Number and Contract Amount. B.The time period (begin and end date) covered by the invoice. C.A short narrative summary of activities completed in the time period. D.Contract billing method – Lump Sum or Cost Times Multiplier. E.If Lump Sum, the percent completion, amount due, previous amount earned and total earned to date for all tasks (direct costs, if any, shall be included in lump sum amount). F.If Cost Times Multiplier, hours, hourly rates, names of individuals being billed, amount due, previous amount earned, total earned to date for each task and other direct costs (receipts will be required for any single item with a cost of $50 or greater or cumulative monthly expenses greater than $100). G.If the Work Order is funded by multiple funding codes, an itemization of tasks and invoice amounts by funding code. ENST180005-STDY-PROSVC WORK ORDER INITIATION FORM 4 of 6 Revised: 2/11/2016 10. SPECIAL CONSIDERATIONS: The consultant named above is required to comply with Section 119.0701, Florida Statutes (2013) where applicable. PREPARED BY: APPROVED BY: ________________________ ________________________ Daniel Parsons, PE, CFM, ENV SP Tara Kivett, PE West Florida Division Manager City Engineer Atkins North America City of Clearwater ___________________ ___________________ Date Date 7/17/2020 Attachment “A” WORK ORDER INITIATION FORM 5 of 6 Revised: 2/11/2016 CITY OF CLEARWATER ENGINEERING DEPARTMENT SUPPLEMENTAL WORK ORDER CITY DELIVERABLES 1. FORMAT The design plans shall be compiled utilizing the following methods: 1. City of Clearwater CAD standards. 2. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. 2. DELIVERABLES The design plans shall be produced on bond material, 24" x 36" at a scale of 1" = 20’ unless approved otherwise. Upon completion the consultant shall deliver all drawing files in digital format with all project data in Autodesk Civil 3D file format. If not available Land Desktop files are still acceptable, however the City or Clearwater is currently phasing out Land Desktop. NOTE: If approved deviation from Clearwater CAD standards are used the Consultant shall include all necessary information to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard release of Autodesk, Inc. software. All block references and references contained within the drawing file shall be included. Please address any questions regarding format to Mr. Tom Mahony, at (727) 562 4762 or email address Tom.Mahony@myClearwater.com. All electronic files (CAD and Specification files) must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. Attachment “B” WORK ORDER INITIATION FORM 6 of 6 Revised: 2/11/2016 Environmental Data Collection for Cooper’s Point WORK ORDER PROJECT BUDGET Task Description Subconsultant Services Labor Total 1 Project Management/Meetings & Coordination /Quality Control N/A $16,900 $16,900 2 Data Collection $16,900 $27,690 $44,590 Subtotal $61,490 Total $61,490 SAN SAN LNBAYCALAISSANMADERATHOMAS RD WOLFE RD SANGRAND VIEW HOYT AVEMOSSAVE AVE BAYSI DECR-611FeatherwoodMcMULLEN BOOTH RDJOHNS PARKWAY DOWNING ST BAY "K" STLN CHAMBLEE BORDEAUX LN LN C R -3 1 Bay StKentucky Ave Cherry Ln Cleveland St CR-611AVETerrace View Ln DR OAK VISTA GLEN AVEKOVE CT CIRCIRKAPOK KAPOKCrescent LnDR SR-590 Abbey Ct BayouALAMEDAMONTEREYMAXIMODamascus RdCAMPBELL ST ST MATEO BERNADINO MacDonald SR-60 CO URTNEYBAYSHORE BLVDLN C ooper'sCAUSEWAY A lligatorLakeARLIE GABRIEL ST SAN ST ST CARLOSCTSAN DOMI NGO ROSE RDBAYSHORES T A V E PEDRO JOSEAVE S A N AVEBraesideBLVDAVE AbbeyColonial Dr CLEARWATER SAFETY HARBOR RD Ave DREW ST EDDIE C. MOORE RECREATION COMPLEX Location Map ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CRM SK N.T.S.xxx n/a06/04/2018Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: COOPER'S POINTCIRCULATION STUDYProject # 18-0009-EN Document Path: V:\GIS\Engineering\Location Maps\CoopersPointCirculStudy.mxd COOPER'SPOINT OLDTAMPABAY S T U D Y A R EA S TU D Y A R E A Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8033 Agenda Date: 8/3/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Approve a Deed Modification for certain real property located at 41 Devon Dr., legally described as Lot 1, less the West 110 feet thereof, Block B, Columbia Subdivision, extending the time-period to commence vertical construction until August 26, 2021 and authorize the appropriate officials to execute same. (consent) SUMMARY: The City conveyed to Decade Sea Captain LLC (Decade) certain real property known as 41 Devon Drive pursuant to a Special Warranty Deed dated January 24, 2017. The Special Warranty Deed granted the City a right to repurchase the Property if vertical construction of a parking garage was not commenced on or before the expiration of the Construction Commencement Period, which was August 26, 2018. Decade secured a Development Order to proceed with said construction, therefore, the City determined an extension of the Construction Commencement Period was be in the best interest of the City, and on November 1, 2018 City Council approved a modification of the Special Warranty Deed to extend the Construction Commencement Period to expire on August 26, 2020. Due to the Covid-19 Pandemic and its impact on construction financing, Decade has requested an additional one-year extension of the Construction Commencement Period. The project has site plan approval and a Development Order. Therefore, the City and Decade wish to modify the Special Warranty Deed to extend the Construction Commencement Period for a term of one year to expire on August 26, 2021. Page 1 City of Clearwater Printed on 7/30/2020 QB\63378937.1 THIS INSTRUMENT DRAFTED BY AND WHEN RECORDED RETURN TO: Mary Neese Fertl, Esq. Quarles & Brady LLP 411 E. Wisconsin Avenue Suite 2350 Milwaukee WI 53202 MODIFICATION OF DEED THIS MODIFICATION OF DEED (this “Modification”) is made and entered into as of the ____ day of _______________, 2020, by and between the CITY OF CLEARWATER, FLORIDA (the “City”), a municipal corporation of the State of Florida whose mailing address is P.O. Box 4748, Clearwater, Florida 33758-4748, ATTENTION: William B. Horne, II, City Manager, and DECADE SEA CAPTAIN LLC, a limited liability company authorized to conduct business in the State of Florida, whose mailing address is 13555 Bishops Court, Suite 345, Brookfield, Wisconsin 53005 (“Decade”). WHEREAS, the City conveyed to Decade the real estate known as 41 Devon Street, Clearwater, Florida legally described as follows: Lot 1, less the West 110 feet thereof, Block B, COLUMBIA SUBDIVISION according to the map or plat thereof recorded in Plat Book 23, Page 60, Public Records of Pinellas County, Florida (the “Property”) pursuant to a certain Special Warranty Deed dated January 24, 2017 and recorded in the Office of Clerk of Court for Pinellas County on January 31, 2017 in Official Record Book 19502, Pages 931-934, as Document No. 2017033092 (the “Special Warranty Deed”); WHEREAS, the Special Warranty Deed granted to the City a right to repurchase the Property if vertical construction of a parking garage was not commenced on or before the expiration of the Construction Commencement Period; QB\63378937.1 2 WHEREAS, the Construction Commencement Period was extended to expire on August 26, 2020; WHEREAS, the City has determined a further extension of Construction Commencement Period would be in the best interest of the City; and WHEREAS, the City and Decade desire to extend the Construction Commencement Period as provided in this Modification. NOW THEREFORE, for and consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: 1. The Construction Commencement Period as defined in the second paragraph of the second page of the Special Warranty Deed is hereby further changed to expire on August 26, 2021. 2. This instrument constitutes a modification of the Special Warranty Deed. 3. All other provisions of the Special Warranty Deed, except as modified by this Modification, shall remain unchanged and in full force and effect. 4. This Modification shall be binding upon and inures to the benefit of the parties hereto and their respective successors and assigns. [signatures on following pages] QB\63378937.1 3 IN WITNESS WHEREOF, the parties have executed this Modification as of the date first above written. Countersigned: _________________________________ Frank V. Hibbard, Mayor CITY OF CLEARWATER, FLORIDA By:______________________________ William B. Horne, II, City Manager Approved as to form: _________________________________ Laura Mahony, Assistant City Attorney Attest: ______________________________ Rosemarie Call, City Clerk STATE OF FLORIDA ) ) SS COUNTY OF PINELLAS ) BEFORE ME, the undersigned, personally appeared ________________, the Mayor of the City of Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution thereof to be his free act and deed for the use and purposes herein set forth, and who is personally known to me. WITNESS my hand and official seal this ____ day of ____________, 2020. Notary Public – State of Florida Print/type name: My commission expires: STATE OF FLORIDA ) ) SS COUNTY OF PINELLAS ) BEFORE ME, the undersigned, personally appeared ________________, the City Manager of the City of Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution thereof to be his free act and deed for the use and purposes herein set forth, and who is personally known to me. WITNESS my hand and official seal this ____ day of ____________, 2020. Notary Public – State of Florida Print/type name: My commission expires: QB\63378937.1 4 Signed, Sealed and Delivered in the presence of: ______________________________ ______________________________ DECADE SEA CAPTAIN LLC By:______________________________ Jeffrey Keierleber, Manager STATE OF _____________ ) ) SS COUNTY OF ___________ ) BEFORE ME, the undersigned, personally appeared Jeffrey Keierleber, the Manager of Decade Sea Captain LLC, who executed the foregoing instrument and acknowledged the execution thereof to be his free act and deed for the use and purposes herein set forth, and who is personally known to me. WITNESS my hand and official seal this ____ day of ____________, 2020. Notary Public Print/type name: State of County My commission expires: LOCATION MAP BAYSIDE DR CORONADO DR HAMDEN DR S GULFVIEW BLVD DEVON DR BRIGHTWATER DR MEMORIAL CSWY FIFTH ST BAYWAY BLVD CAUSEWAY BLVD SECOND ST 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: Deed Modification41 Devon Dr. Page: 1 of 17/13/2020Date:WDMap Gen By:RBReviewed By:276AGrid #:8-29s-15eS-T-R: ^ PROJECTSITE Gulf of Mexico ClearwaterHarbor Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Location Maps\41Devon Dr.mxd Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8037 Agenda Date: 8/3/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.3 SUBJECT/RECOMMENDATION: Approve Local Mitigation Strategy (LMS) Supplemental Memo expressly acknowledging the Multijurisdictional Program for Public Information (PPI) is part of the LMS which was adopted by Council in Resolution 20-18 on May 7, 2020. (consent) SUMMARY: On May 7, 2020, City Council approved the Local Mitigation Strategy (LMS) developed for Pinellas County and adopted Resolution 20-18. The LMS also includes a Multijurisdictional Program for Public Information (PPI). The PPI serves as the outreach mitigation strategy for the flood hazard component of the LMS. To receive Community Rating System (CRS) credit for the Multijurisdictional PPI, the Council must be specifically informed that the PPI is part of the LMS and was included in the adoption of the Resolution in May. Page 1 City of Clearwater Printed on 7/30/2020 Memorandum Date: July 14, 2020 To: Clearwater City Council From: Sarah Kessler, CFM Subject: Clarification of Local Mitigation Strategy Composition as Applicable to the FEMA NFIP CRS Program as Required by the ISO City of Clearwater is located in an area that is vulnerable to natural and man-made disasters and supports efforts to make our community more disaster-resistant, thereby reducing the costs of disasters, preventing or mitigating their impact to our residents, and reducing time needed for recovery. The 2020 update of the Pinellas County Multijurisdictional Local Mitigation Strategy (LMS), adopted by the City Council on May 7, 2020, represents a unified county-wide strategy toward a more disaster resistant community and provides the consistent framework for future pre-disaster mitigation efforts and post-disaster redevelopment, regardless of the type of future threat faced by our community. The Local Mitigation Strategy also includes a section describing the method and schedule of monitoring, evaluating, and updating the mitigation plan within each five-year cycle. Because flooding is a significant hazard in Pinellas County, the LMS includes extensive analysis and mitigation strategies specific to flooding. As such, the LMS serves as Clearwater’s Floodplain Management Plan. The 2020 update of the LMS included the 10- step planning process which is consistent with FEMA’s multi-hazard mitigation planning regulations pursuant to the Disaster Mitigation Act of 2000 and satisfies the National Flood Insurance Program (NFIP) Community Rating System (CRS) credit requirements of activity 510, Floodplain Management Plan. A Multi-Jurisdictional Program for Public Information (PPI) was also included in Appendix H of the LMS to satisfy the credit requirements of Memorandum activities 330 and 370. The PPI, which includes a flood insurance coverage assessment and outreach plan and a flood response outreach plan, serves as the outreach mitigation strategy for the flood hazard component of the LMS. Significant outreach was implemented as part of the 2020 update of the LMS. Two publicly noticed workshops were held at a central location in Pinellas County on March 21st, and October 17th, 2019 at the Lealman Exchange (5175 45th Street N. St Petersburg) to inform the public and obtain public comments. An online and paper survey were released to gain public input on the LMS plan’s hazard identification and risk assessment and an online tool was released using ESRI Storymap (https://arcg.is/15a1yi) to increase understanding of the LMS Plan and gain public input as well. More information about the LMS can be found at http://www.pinellaslms.org/. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8038 Agenda Date: 8/3/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.4 SUBJECT/RECOMMENDATION: Approve an Interlocal Agreement between Pinellas County and the City of Clearwater and other NPDES Co-Permittees for Water Quality Monitoring and Assessment and authorize the appropriate officials to execute same. (consent) SUMMARY: The monitoring program is a requirement of the MS4 (Municipal separate storm sewer system) National Pollutant Discharge Elimination System (NPDES) permit issued by Florida Department of Environmental Protection. The program assesses the status and long-term trends of water quality parameters in watersheds, measures the effectiveness of the Stormwater Management Plan implementation in watersheds, identifies potential water quality pollutant “hotspot” areas to be targeted for corrective action, and supports the development and implementation of Total Maximum Daily Loads (TMDLs). The City is responsible for 12.19% of costs based on percentage of acreage in Pinellas County. The annual cost for Clearwater is estimated to be around $79,000. This agreement is effective until 2025. APPROPRIATION CODE AND AMOUNT: Funds are available in cost code 4191365-530300, contractual services , to fund this agreement for the current year. Future year funds will be requested as part of the budget process. Page 1 City of Clearwater Printed on 7/30/2020 THE INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND NPDES MS4 CO-PERMITTEES FOR WATER QUALITY MONITORING AND ASSESSMENT CITY OF CLEARWATER, FLORIDA, A municipal corporation and political subdivision of the State of Florida Frank Hibbard William B Horne II Mayor City Manager Seal Approved as to form: Attest: Laura Mahony Rosemarie Call Attorney City Clerk EXHIBIT B PINELLAS COUNTY JURISDICTIONAL ACREAGE FY18 PINELLAS COUNTY ACREAGE* Jurisdiction Acreage % Acreage 1 Pinellas County 65,871.065 47.19% 2 Town of Belleair 1,130.100 0.81% 3 City of Belleair Beach 310.290 0.22% 4 City of Belleair Bluffs 293.841 0.21% 5 City of Clearwater 17,008.123 12.19% 6 City of Dunedin 6,871.520 4.92% 7 City of Gulfport 1,782.589 1.28% 8 City of Indian Rocks Beach 520.417 0.37% 9 Town of Kenneth City 485.602 0.35% 10 City of Largo 12,246.074 8.77% 11 City of Madeira Beach 570.930 0.41% 12 Town of North Redington Beach 156.101 0.11% 13 City of Oldsmar 5,911.322 4.24% 14 City of Pinellas Park 10,688.716 7.66% 15 Town of Redington Beach 204.275 0.15% 16 Town of Redington Shores 202.011 0.14% 17 City of Safety Harbor 3,184.449 2.28% 18 City of St. Pete Beach 1,322.451 0.95% 19 City of Seminole 3,477.262 2.49% 20 City of South Pasadena 386.043 0.28% 21 City of Tarpon Springs 6,020.590 4.31% 22 City of Treasure Island 937.667 0.67% TOTALS 139,581.438 100.00% * Data ran: 2_10_2020.SOURCE:Pinellas County Planning Department. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7915 Agenda Date: 8/3/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Authorize a Purchase Order with John Mader Enterprises, Inc dba Mader Electric Motors of North Fort Myers, FL to provide services to repair, replace or supply utility plant equipment, for an initial not to exceed amount of $300,000 beginning August 19, 2020 through May 20, 2021 with the option for two, one-year extensions at an annual not to exceed amount of $400,000, making the total value $1.1 million, per Clearwater Code of Ordinances Section 2.564(1)(d) Other Government Entities’ Bids, and authorize the appropriate officials to execute same. (consent) SUMMARY: Public Utilities is responsible for facilities throughout the city, including water reclamation facilities, water plants, lift stations, wells, and reclaim booster pump stations. Timely maintenance of the equipment in these facilities is required by our FDEP permits to maintain compliance to prevent the release of wastewater into the environment and maintain quality drinking water. Mader Electric Motors provides services to repair, replace, or supply equipment for the Public Utilities plants to include pumps, compressors, blowers, motors and gear boxes. Mader Electric is currently under contract with Lee County Southwest Florida #B 190409JJB. The contract is in its first year with an initial expiration date of May 20, 2021. Piggyback Contract: Lee County Contract #B190409JJB - expires May 20, 2021 with the option of two, one-year extensions. Public Utilities- $ 300,000.00 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 within contract calendar and spending limits. Page 1 City of Clearwater Printed on 7/30/2020 CONTRACT SUMMARY INFORMATION SUMMARY: Purchase is made in accordance with the Terms and Conditions of Lee County Solicitation Number B190409JJB Solicitation No.: B190409JJB Project Title: Services to Repair, Replace or Supply Utility Plant Equipment - Annual Start Date: 5/19/2020 Expiration Date: 5/20/2021 Board Date: 5/19/2020 Agenda Item: 28 Term: One Year Renewal Options: Three (3) additional one (1) year periods Address Book (E1) No.: 265469 Awarded Vendor: John Mader Enterprises, Inc. dba Mader-Electric Motors Contact Person: Jermey Mader Phone No.: 239-731-5455 Fax No.: 239-731-8165 Email Address: maderelectricmotors@msn.com *Please see Notes Section Below* Notes: 1. CONTRACT USE 1.1. Departments should use the existing contract B-160144 until its expiration date 8/18/2020 before transitioning to this contract unless otherwise discussed with procurement on a case by case basis 2. INVOICES 2.1. The Vendor’s invoices shall include the following items: 2.1.1. The full name of the County employee who authorized the work to be done. 2.1.2. Name of the facility where work was performed. 2.1.3. Address or location of the facility. 2.1.4. County work order, purchase order or contract number. 2.1.5. Problem corrected and description of work performed. 2.1.6. Identifiers for equipment worked on, e.g., lift station number, pump number, serial number, horsepower, manufacturer, etc. 2.1.7. For labor, invoices shall include the name, classification, work performed, total straight time hours worked, total premium time hours worked, and extended amount. 2.1.8. For repair components, the invoices shall include the item, quantity, unit price, and extended amount. 2.1.9. For replacement equipment supplied and /or installed, the invoices shall include the item description, manufacturer, model number, serial number, location where delivered or installed, price, mark-up, and extended amount. 2.1.10. For crew billing, invoices shall include premium time hours for crew, rate for crew, crane use hours, rate and extended amounts. 2.1.11. For any subcontracted work, the invoices shall include the name of subcontractor, work performed, price, mark-up and extended amount. 2.1.11.1. For miscellaneous items, e.g., overnight freight, pick-up or delivery charges, consumables, etc., invoices shall indicate such items as a separate line item. 2.1.12. For miscellaneous items, e.g., overnight freight, pick-up or delivery charges, consumables, etc., such charges shall be pass-through charges at Vendor costs incurred. 2.1.13. For specialty services, if any, the invoices shall include the service provided, name of provider, hours, rate and extended amount. 2.1.14. In the event that the Vendor bills the County for charges from other sources, the Vendor shall provide invoices in order to verify any additional charges plus the markup percentage. 2.1.15. Include on invoices for ALL labor type jobs date of when work started and completed. 2.2. Material Markup 2.2.1. Percentage markup for repair components and new equipment shall be above Vendor incurred costs for such items. County reserves the right at any point during the term of the Agreement, inclusive of any renewals, to request supporting documentation of Vendor invoiced amounts of material markup items. ITEM 28.Utilities - Consent AGENDA ITEM REPORT DATE:May 19, 2020 DEPARTMENT:Utilities REQUESTER:Pamela Keyes TITLE:Award Contract for Services to Repair, Replace or Supply Utility Plant Equipment I. MOTION REQUESTED A) Award Invitation to Bid No. B190409JJB, Services to Repair, Replace or Supply Utility Plant Equipment - Annual, to John Mader Enterprises, Inc. dba Mader Electric Motors for the services to repair, replace or supply utility plant equipment, on an as needed basis, for an initial term of one year, in the amount of $2,500,000.B) Authorize the Chair to execute the contract documents on behalf of the Board of County Commissioners.C) Grant the County Manager or designee the authority to renew the contract, for up to three additional one year periods, and to execute all associated documents, as approved in the departments’ annual adopted budgets, if doing so is in the best interest of Lee County, and there are no cost increases associated with the renewal. II. ITEM SUMMARY Awards a contract to John Mader Enterprises, Inc. dba Mader Electric Motors, to provide services to repair, replace or supply utility plant equipment, on an as-needed basis for an initial one year period in the amount of $2,500,000. The contract can be renewed up to three additional one year periods, upon the agreement of both parties.Total budgeted expenses for this contract remain unchanged at $2,500,000. The purpose of this contract is to provide Utilities with an on call vendor to make the various repairs in a timely manner and in cases of emergency. The type of equipment they service includes vertical turbine well pumps, feed pumps, horizontal split-case pumps, submersible well pumps, gearboxes, and compressors. III. BACKGROUND AND IMPLICATIONS OF ACTION A) Board Action and Other History Procurement Management obtained bids for the project known as Invitation to Bid No. B190409JJB, Services to Repair, Replace or Supply Utility Plant Equipment - Annual. On the bid deadline of December 20, 2019, Procurement Management received one submittal. After conducting an analysis of the bid submission, John Mader Enterprises, Inc. dba Mader Electric Motors was determined to be the responsible bidder with the lowest responsive bid. Staff recommends awarding a contract to John Mader Enterprises, Inc. dba Mader-Electric Motors for use on an as-needed basis to provide services to repair, replace, or supply utility plant equipment for an initial one year period in the amount of $2,500,000. The contract can be renewed up to three additional one year periods, upon the agreement of both parties. Total expenditures for these services for Fiscal Year 2019 were $2,088,919.56. B) Policy Issues C) BoCC Goals D) Analysis E) Options IV. FINANCIAL INFORMATION A) Current year dollar amount of item: $2,500,000 B) Is this item approved in the current budget? Yes C) Is this a revenue or expense item? Expense D) Is this Discretionary or Mandatory? Discretionary E) Will this item impact future budgets?If yes, please include reasons in III(D) above.No F) Fund: Operating and CIPProgram: UtilitiesProject: Services to Repair, Replace or Supply Utility Plant EquipmentAccount Strings: Various G) Fund Type?Enterprise H) Page 1 of 2Coversheet 5/15/2020https://leecounty.novusagenda.com/agendapublic/CoverSheet.aspx?ItemID=3017&Meetin... Comments:Expenditures will be as needed and within the departments’ annual approved, adopted budgets. V. RECOMMENDATION Approve VI. TIMING/IMPLEMENTATION VII. FOLLOW UP ATTACHMENTS: Description Upload Date Type B190409JJB - John Mader Enterprises Proposed Contract 4/20/2020 Agreement REVIEWERS: Department Reviewer Action Date Utilities Keyes, Pamela Approved 5/6/2020 - 9:55 AM Budget Services Guttery, Angela Approved 5/7/2020 - 7:57 AM Budget Services Winton, Peter Approved 5/7/2020 - 8:41 AM County Attorney Swindle, Amanda Approved 5/7/2020 - 11:18 AM County Manager Brady, Christine Approved 5/11/2020 - 11:57 AM Page 2 of 2Coversheet 5/15/2020https://leecounty.novusagenda.com/agendapublic/CoverSheet.aspx?ItemID=3017&Meetin... B190409JJB Services to Repair, Replace or Supply Utility Plant Equipment -Annual John Mader Enterprises, Inc. dba Mader-Electric Motors El Contract # __ _ Board Approval Date: __ _ AGREEMENT FOR SERVICES TO REPAIR, REPLACE, OR SUPPLY UTILITY EQUIPMENT THIS AGREEMENT ("Agreement") is made and entered into by and between Lee County, a political subdivision of the State of Florida, hereinafter referred to as the "County" and John Mader Enterprises, Inc. dba Mader-Electric Motors, a Florida corporation authorized to do business in the State of Florida, whose address is 18161 N. Tamiami Trail, North Fort Myers, FL 33903, and whose federal tax identification number is 65-0048538, hereinafter referred to as "Vendor." WITNESSETH WHEREAS, the County intends to purchase the servies to repair, replace or supply utility plant equipment from the Vendor in connection with "Services to Repair, Replace, or Supply Utility Plant Equipment -Annual" (the "Purchase"); and, WHEREAS, the County issued Solicitation No. B190409JJB on November 19, 2019 (the "Solicitation"); and, WHEREAS, the County evaluated the responses received and found the Vendor qualified to provide the necessary products and services; and, WHEREAS, the County posted a Notice of Intended Decision on January 8, 2020; and, WHEREAS, the Vendor has reviewed the products and services to be supplied pursuant to this Agreement and is qualified, willing and able to provide all such products and services in accordance with its terms. NOW, THEREFORE, the County and the Vendor, in consideration of the mutual covenants contained herein, do agree as follows: I. PRODUCTS AND SERVICES The Vendor agrees to diligently provide all products and services for the Purchase in accordance with the project Scope of Services made part of this Agreement as Exhibit A, attached hereto and incorporated herein. Vendor shall comply strictly with all of the terms and conditions of Solicitation No. B190409JJB, as modified by its addendum, copies of which are on file with the County's Department of Procurement Management and are deemed incorporated into this Agreement. Page 1 of 22 II. TERM AND DELIVERY A. This Agreement shall commence immediately upon the effective date and shall continue through the delivery of the Purchase and the associated warranty period as further described in this Agreement on an as needed basis for one (1) year period. There may be an option to extend his contract based upon the written approval of both the County and Vendor for three (3) additional, one (1) year perioids. The effective date shall be the date the Lee County Board of County Commissioners awarded the Solicitation to the Vendor. B. A purchase order must be issued by the County before commencement of any work or purchase of any goods related to this Agreement. III. COMPENSATION AND PAYMENT A. The County shall pay the Vendor in accordance with the terms and conditions of this Agreement for providing all products and services as set forth in Exhibit A, and further described in Exhibit B, Fee Schedule, attached hereto and incorporated herein. Said total amount to be all inclusive of costs necessary to provide all products and services as outlined in this Agreement, and as supported by the Vendor's submittal in response to the Solicitation, a copy of which is on file with the County's Department of Procurement Management and is deemed incorporated into this Agreement. B. Notwithstanding the preceding, Vendor shall not make any deliveries or perform any services under this Agreement until receipt of written authorization from the County. Vendor acknowledges and agrees that no minimum order or amount of product or service is guaranteed under this Agreement and County may elect to request no products or services. If the County authorizes delivery of products or performance of services, the County reserves the right to amend, reduce, or cancel the authorization in its sole discretion. C. All funds for payment by the County under this Agreement are subject to the availability of an annual appropriation for this purpose by the County. In the event of non-appropriation of funds by the County for the services provided under this Agreement, the County will terminate the contract, without termination charge or other liability, on the last day of the then current fiscal year or when the appropriation made for the then-current year for the services covered by this Agreement is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this Agreement, cancellation shall be accepted by the Vendor on thirty (30) days' prior written notice, but failure to give such notice shall be of no effect and the County shall not be obligated under this Agreement beyond the date of termination. Solicitation No. B190409JJB Page 2 of 2 2 IV. METHOD OF PAYMENT A. The County shall pay the Vendor in accordance with the Local Government Prompt Payment Act, Section 218. 70, Florida Statutes, upon receipt of the Vendor's invoice and written approval of same by the County indicating that the products and services have been provided in conformity with this Agreement. B. The Vendor shall submit an invoice for payment to the County on a monthly basis for those specific products and services as described in Exhibit A (and the corresponding fees as described in Exhibit B that were provided during that invoicing period. C. For partial shipments or deliveries, progress payments shall be paid monthly in proportion to the percentage of products and services delivered on those specific line items as approved in writing by the County. V. ADDITI ONAL PURCHASES A. No changes to this Agreement or the performance contemplated hereunder shall be made unless the same are in writing and signed by both the Vendor and the County. B. If the County requires the Vendor to perform additional services or provide additional product(s) related to this Agreement, then the Vendor shall be entitled to additional compensation based on the Fee Schedule as amended to the extent necessary to accommodate such additional work or product(s). The additional compensation shall be agreed upon before commencement of any additional services or provision of additional product(s) and shall be incorporated into this Agreement by written amendment. The County shall not pay for any additional service, work performed or product provided before a written amendment to this Agreement. Notwithstanding the preceding, in the event additional services are required as a result of error, omission or negligence of the Vendor, the Vendor shall not be entitled to additional compensation. VI. LIABI LITY OF VENDOR A. The Vendor shall save, defend, indemnify and hold harmless the County from and against any and all claims, actions, damages, fees, fines, penalties, defense costs, suits or liabilities which may arise out of any act, neglect, error, omission or default of the Vendor arising out of or in any way connected with t he Vendor or subcontractor's performance or failure to perform under the terms of this Agreement. Solicitation No. 8190409JJ8 Page 3 of 2 2 B. This section shall survive the termination or expiration of this Agreement. VII. VENDOR'S INSURANCE A. Vendor shall procure and maintain insurance as specified in Exhibit C, Insurance Requirements, attached hereto and made a part of this Agreement. B. Vendor shall, on a primary basis and at its sole expense, maintain in full force and effect, at all times during the life of this Agreement, insurance coverage (including endorsements) and limits as described in Exhibit C. These requirements, as well as the County's review or acceptance of insurance maintained by Vendor, are not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Vendor under this Agreement. Insurance carriers providing coverage required herein must be licensed to conduct business in the State of Florida and must possess a current A.M. Best's Financial Strength Rating of "B or better." No changes are to be made to these specifications without prior written specific approval by County Risk Management. To the extent multiple insurance coverages and/or County's self-insured retention may apply, any and all insurance coverage purchased by Vendor and its subcontractors identifying the County as an additional named insured shall be primary. VIII. RESPONSIBILITIES OF THE VENDOR A. The Vendor shall be responsible for the quality and functionality of all products supplied and services performed by or at the behest of the Vendor under this Agreement. The Vendor shall, without additional compensation, correct any errors or deficiencies in its products, or if directed by County, supply a comparable replacement product or service. B. The Vendor warrants that it has not employed or retained any company or person (other than a bona fide employee working solely for the Vendor), to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm other than a bona fide employee working solely for the Vendor, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award of this Agreement. C. The Vendor shall comply with all federal, state, and local laws, regulations and ordinances applicable to the work or payment for work thereof, and shall not discriminate on the grounds of race, color, religion, sex, or national origin in the performance of work under this Agreement. D. Vendor specifically acknowledges its obligations to comply with Section 119.0701, Florida Statutes, with regard to public records, and shall: Solicitation No. B190409JJB Page 4 of 22 1) keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the services required under this Agreement; 2) upon request from the County, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law; 3) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law; and 4) meet all requirements for retaining public records and transfer, at no cost to the County, all public records in possession of Vendor upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology system of the County. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE VENDOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-533- 2221, 2115 SECOND STREET, FORT MYERS, FL 33901, publicrecords@leegov.com; http:/ /www.leegov.com/publicrecords. E. The Vendor is, and shall be, in the performance of all work, services and activities under this Agreement, an independent contractor. Vendor is not an employee, agent or servant of the County and shall not represent itself as such. All persons engaged in any work or services performed pursuant to this Agreement shall at all times, and in all places, be subject to the Vendor's sole direction, supervision and control. The Vendor shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the Vendor's relationship and the relationship of its employees to the County shall be that of an independent contractor and not as employees of the County. The Vendor shall be solely responsible for providing benefits and insurance to its employees. F. The Vendor shall comply with the Vendor Background Screening Affidavit attached hereto and incorporated herein as Exhibit D. Solicitation No. B190409JJB Page 5 of 22 IX. OWNERSHIP OF PRODUCTS It is understood and agreed that all products provided under this Agreement shall become the property of the County upon acceptance by the County. X. TIMELY DELIVERY OF PRODUCTS AND PERFORMANCE OF SERVICES A. The Vendor shall ensure that all of its staff, contractors and suppliers involved in the production or delivery of the products are fully qualified and capable to perform their assigned tasks. B. The personnel assigned by the Vendor to perform the services pursuant to this Agreement shall comply with the terms set forth in this Agreement. If the services provided require use of specific key personnel, the personnel shall be agreed to by the County and Vendor. If the Vendor's key personnel have been predetermined and approved, through the Solicitation process or otherwise, any subsequent change or substitution to the personnel must receive the County's written approval before said changes or substitution can become effective. C. The Vendor specifically agrees that all products shall be delivered within the time limits as set forth in this Agreement, subject only to delays caused by force majeure, or as otherwise defined herein. "Force majeure" shall be deemed to be any unforeseeable and unavoidable cause affecting the performance of this Agreement arising from or attributable to acts, events, omissions or accidents beyond the control of the parties. XI. COMPLIANCE WITH APPLICABLE LAW This Agreement shall be governed by the laws of the State of Florida. Vendor shall promptly comply with all applicable federal, state, county and municipal laws, ordinances, regulations, and rules relating to the services to be performed hereunder and in effect at the time of performance. Vendor shall conduct no activity or provide any service that is unlawful or offensive. XII. TERMINATION A. The County shall have the right at any time upon thirty (30) days' written notice to the Vendor to terminate this Agreement in whole or in part for any reason whatsoever. In the event of such termination, the County shall be responsible to Vendor only for fees and compensation earned by the Vendor, in accordance with Section III, prior to the effective date of said termination. In no event shall the County be responsible for lost profits of Vendor or any other elements of breach of contract. B. After receipt of a notice of termination, except as otherwise directed, the Vendor shall stop work on the date of receipt of the notice of termination or other date specified in the notice; place no further orders or sub- Solicitation No. B190409JJB Page 6 of 22 contracts for materials, services, or facilities except as necessary for completion of such portion of the work not terminated; terminate all vendors and subcontracts; and settle all outstanding liabilities and claims. C. The County's rights under this Agreement shall survive the termination or expiration of this Agreement and are not waived by final payment or acceptance and are in addition to the Vendor's obligations under this Agreement. XIII. DISPUTE RESOLUTION A. In the event of a dispute or claim arising out of this Agreement, the parties agree first to try in good faith to settle the dispute by direct discussion. If this is unsuccessful, the parties may enter into mediation in Lee County, Florida, with the parties sharing equally in the cost of such mediation. B. In the event mediation, if attempted, is unsuccessful in resolving a dispute, the parties may proceed to litigation as set forth below. C. Any dispute, action or proceeding arising out of or related to this Agreement will be exclusively commenced in the state courts of Lee County, Florida, or where proper subject matter jurisdiction exists, in the United States District Court for the Middle District of Florida. Each party irrevocably submits and waives any objections to the exclusive personal jurisdiction and venue of such courts, including any objection based on forum non conveniens. D. This Agreement and the rights and obligations of the parties shall be governed by the laws of the State of Florida without regard to its conflict of laws principles. E. Unless otherwise agreed in writing, the Vendor shall be required to continue all obligations under this Agreement during the pendency of a claim or dispute including, but not limited to, actual periods of mediation or judicial proceedings. XIV. VENDOR WARRANTY A. All products provided under this Agreement shall be new (unless specifically identified otherwise in Exhibit B) and of the most suitable grade for the purpose intended. B. If any product delivered does not meet performance representations or other quality assurance representations as published by manufacturers, producers or distributors of the products or the specifications listed in this Agreement, the Vendor shall pick up the product from the County at no expense to the County. The County reserves the right to reject any or all materials if, in its judgment, the item reflects unsatisfactory workmanship Solicitation No. B190409JJB Page 7 of 22 or manufacturing or shipping damage. In such case, the Vendor shall refund to the County any money which has been paid for same. C. Vendor shall secure from the applicable third party manufacturers, and assign and pass through to the County, at no additional cost to the County, such warranties as may be available with respect to the equipment, parts and systems provided through the Purchase. D. Vendor shall provide one digital and two hard copies of all installation, operation and maintenance manuals for all new equipment supplied and/or installed to requesting Department, as well as the documentation for warranties on all work as follows: a. Labor and materials -12 month warranty b. Rebuilt or repaired equipment -90 day warranty c. New equipment -Manufacturer's warranty period XV. MISCELLANEOUS A. This Agreement constitutes the sole and complete understanding between the parties and supersedes all other contracts between them, whether oral or written, with respect to the subject matter. No amendment, change or addendum to this Agreement is enforceable unless agreed to in writing by both parties and incorporated into this Agreement. B. The provisions of this Agreement shall inure to the benefit of and be binding upon the respective successors and assignees of the parties hereto. A party to this Agreement shall not sell, transfer, assign, license, franchise, restructure, alter, or change its corporate structure or otherwise part with possession or mortgage, charge or encumber any right or obligation under this Agreement without the proposed assignee and/or party restructuring, altering or changing its corporate structure agreeing in writing with the non-assigning party to observe and perform the terms, conditions and restrictions on the part of the assigning party to this Agreement, whether express or implied, as if the proposed assignee and/or party restructuring, altering or changing its corporate structure was an original contracting party to this Agreement. Notwithstanding the foregoing provision, the Vendor may assign its rights if given written authorization by the County and claims for the money due or to become due to the Vendor from the County under this Agreement may be assigned to a financial institution or to a trustee in bankruptcy without such approval from the County. Notice of any such transfer or assignment due to bankruptcy shall be promptly given to the County. C. The exercise by either party of any rights or remedies provided herein shall not constitute a waiver of any other rights or remedies available under this Agreement or any applicable law. Solicitation No. B190409JJB Page 8 of 22 D. The failure of the County to enforce one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right therealter to enforce each and every such provision. E. The parties covenant and agree that each is duly authorized to enter into and perform this Agreement and those executing this Agreement have all requisite power and authority to bind the parties. F. Neither the County's review, approval or acceptance of, nor payment for, the products and services required under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. G. If the Vendor is comprised of more than one legal entity, each entity shall be jointly and severally liable hereunder. H. When any period of time is referred to by days herein, it shall be computed to exclude the first day and include the last day of such period. When the period of time is fewer than three (3) days, it shall mean business days as defined by Lee County. If the period of time is greater than three (3) days, then it shall mean calendar days. For any period of time greater than seven (7) days, where the deadline falls on a Saturday, Sunday, or Lee County recognized holiday, the deadline will then fall to the next Monday or non- Lee County recognized holiday I. Any notices of default or termination shall be sufficient if sent by the parties via United States certified mail, postage paid, or via a nationally recognized delivery service, to the addresses listed below: Vendor's Representative: County's Representatives: Name: Jeremy Mader Names: Roger Desjarlais Mary Tucker Director of Title: President Titles: County Manager Procurement Management Address: 18161 N. Tamiami Address: P.O. Box 398 Trail North Fort Myers, FL Fort Myers, FL 33902 33903 Telephone: 239-731-5455 Telephone: 239-533-2221 239-533-8881 Facsimile: 239-731-8165 Facsimile: 239-485-2262 239-485-8383 E-mail: maderelectricmotors E-Mail: @msn.com rdesjarlais@leegov.com mtucker@leegov.com Solicitation No. B190409JJB Page 9 of 22 J. Any change in the County's or the Vendor's Representative will be promptly communicated by the party making the change. K. Paragraph headings are for the convenience of the parties and for reference purposes only and shall be given no legal effect. L. In the event of conflicts or inconsistencies, the documents shall be given precedence in the following order: 1. Agreement 2. County's Purchase Order 3. Solicitation 4. Vendor's Submittal in Response to the Solicitation [The remainder of this page intentionally left blank.] Solicitation No. B190409JJB Page 10 of 2 2 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date last below written. WITNESS: JOHN MADER ENTERPRISES, INC. DBA MADER-ELECTRIC MOTORS Signed By: /l~ /~ AA I Signed By: ~~ Print Name:~/¼l..-c.r Print Na me: )-1'.fd!-yi,.j /'1 C:, <LL.- Title: /J/1-{s JJ t/J ATTEST: CLERK OF THE CIRCUIT COURT Linda Doggett, Clerk BY: __________ _ APPROVED AS TO FORM FOR THE RELIANCE OF LEE COUNTY ONLY: BY: ------------ 1 -7=--20 Date: _er-_~2 _______ _ LEE COUNTY BOARD OF COUNTY COMMISSIONERS OF LEE COUNTY, FLORIDA BY: ------------CHAIR DATE: ----------- OFFICE OF THE COUNTY ATTORNEY Solicitation No. B190409JJB Page 11 of 22 EXHIBIT A SCOPE OF WORK AND SPECIFICATIONS SCOPE OF WORK .-\.ND SPECITTC.-UlO~S L GThTR.\L SCOPE OF WORK 1.1 The Lee County Board of County Commissioners seeks to contract with a qualified Vendor to provide parts and repair services for various utility plant equipment, such as but not limited to: Actuators Aeration Rotors/ Bmshes Aerators Bar screens Belt presses (Sludge Dewatering) Centrifugal blowers Centrifugal pumps Centrifuges (Sludge Dewatering) Chlorine Contact chambers Chopper pumps Clarifiers Clearwells Compressors Diaphragm Pumps Diffusers Digasifiers Digesters Feed Pu.n:q>s filters forced Draft Blowers GeaJboxes Grease Pots Grinder Pumps Grit Oassifier Grit Pumps Grit Snail Headworks High sen ice Pumps Horizontal split-ease pumps Hydraulic Pumps Interstage booster pumps lift pumps Lime Slakers Mud Wells Oxidation Ditches Positi\'e Displacement blowers Screw pump~ Step screens Submersible pumps Transfer Pumps Vertical turbine pu:n'.4)S \Vell~s 11 The Vendor shall repair, replace or supply utility plant equipment for the Lee County Utilities Division as requested on an as-needed basis. The Vendor shall provide all materials and labor nece.ssaIJ to complete all work performed under this Agreement. 1.3 During the term of this Agreement and any renewals, the Vendor shall: 1.3 .1 Maintain a UL674 shop certification throughout the term of the Agreement. l.3.2 Respond to calls for sen ire as follows: 1.31.1 Emergencies-two hours or less. This includespro\idingnecessaryequipment such as cranewhe:n applicable. 1 J .2.1.1 Emergency status/categorization for pt1Ip0sed of this Agreement shall be at the discretion of the County department authorizing work to be completed. 13.2.2 Be able to reach the College Parkway Facility located at 7401 College Parkway Fort lvfyers, FL 33907, during an emergency, within two homs. 131.3 Regular repairs -return the County's phone call \\itbin one hour, and repairs shall be started within 72 hours or less. 1 J .2.4 Weekends and Holidays -return the County's phone call within one hour or less. 13 .3 Order equipment and parts for the Cotmty in a timely manner to keep the facility nmning up to capacity. 819G.109JJB: St.mets to Rtpa.ir, R!pla<t or Supply t:tilily Put :Eqaipmut-Aaul Solicitation No. 8190409]]8 Page 12 of 22 13.4 Supply parts for equipment manufacturer's such as, but not limited to: ABS Afton Aliabval Allis Chalmers Andritz Aurora Baldor Beck Boerger Centrysis Chemco Cro\',n D,m:.o Da}1:on Deloach Dodge Envire.'t Euro dri\-e Evoqua Fairbanks Morse Finish Thompson FlO\',i5eI\'e Flygt Foot Jones Gardner Denver Gonmn-Rupp Gould Gnmdfos Hub City Ingersoll Rand Jacobs Jacobs AIR S}'Stems Jet Tech 1-Line Johnson Lakeside Lamson Layne Leopold Lufkin Marathon ~oyno MSA Peerless Penn Valley Pista-Grit Prominent Quincy RJ Eu\"ironmental Roots SBR Seepex Speedaire Spirac Sultz.er Sumitomo Trino\ra Triton Vaughn \Veg Weinm..'Ulll Wildon \\ftloEMU \\flDlCO \Vllldsmith Woerner Worthington Xylem l.3.5 ~fake modifications and repairs on the spot to keep the facility opaational. 1.3.6 Perform senrices to epoxy coat rotating equipment parts e.g., impellers, shafts, blower funs etc., prior to reassembly to protect the components from harsh environment. 1.3.7 Provide specialty coatings for all equipment l)-pes and materials including noIUDetallic concrete surfaces. 1.3.8 Have at least three (3) employees dedicated to the County Agreement, including two in the field and one in the shop. Each employee assigned the Agreement much have n rui:nimum ()f three years of verifiable experience. This experience DllI)' be \-eri.fied by the County at any point during the term of the Agreement and shall be verified via employment dates of companies that the employee has worked at utilizing their trade skills. 1.3.9 Own, lease., rent and nnintain all equipment necessary to provide these services to inc.Jude, at minimum, welding machines, hydraulic press, brake, motor test platform, safety equipment and crane. Bl.90J09JJB: Stmct:i to Rtplir, ~plactor Supply t:tility Pa.11t £qllipmlll -Aeul Solicitation No. B190409JJB Page 13 of 22 111'.lt~tt 2. TECH1\1CAL REOUIRD!E.'ITS 2.1 On a call out and pre-authorization basis, the Vendor shall provide the service; described as follows: 2.1.1 PerfOJD1repair work at the County's location, or pick up the equipment from the Cotmty's location for repair at the Vendor's shop. 2.1 .2 Maintain adequate spare parts and pumps in the Vendor's shop for a:ny emergency repairs. Only OEM parts shall be used on all rebuilds, no afterman:et substihrtes. 2.1.3 Vendor shall label each piece of equipment. Each piece of equipment shall receive an identification plate with its own individual identifying mnnbeI, either mule out of brass or aluminum or riveted in place. 2. l .4 Perfonn test run on all repaired. or new equipment and document acceptance by the County. 2.l .4.1 Remcm:tl, m:,--pection, evaluatio~ repair and re-installation of existing eq1ripment or installation of a new equipment. 2.1 .4.2 When possible, Vendor shall change stuffing box configuration from packing to a water cooled and internal water flw;hed mechan.ical seal. 2.1 .4.3 Machine and adapt proper fit up to the liquid side of the pump. 2 .1.4 .4 Peno.rm test nm on all repaired or new equipment and document acceptance by LCU. 2. l .4.5 Perfonn electrical/mechanical repairs on 40 -500 horsepower ptuqis. 2.1.4.6 Upon re-installation or new installation. a full laser alignment shall be perl'ormr.d along with a ,ibration analysis during test nm. 2 .1.4. 7 For submmible well pmnps. upon installation or re-installation all nuts, bolts, and sh1ds shall be replaced with new, 316 stainless steel nuts, bolts and studs. 2.1.4.8 For submersible well pwnps, Change piping to Certaloc piping on all well pwnps that does not e.'iist when converting from ,-ertical turbine to submemole application. 2.1.4.9 For submersible well ptunps, Add ¼" PVC pipe completely secured to discharge pipe of pump do\\U into well to sem! as an insertion tube for pizometer to measure well draw downs. 2.1.4.10 For submenible well pumps, Pro1;ide stainless steel safety cable connected to top of pump and motor to provide adequate support in the e,·ent of piping failure. 2.1.4.11 For sewage lift station ptuq>S, Upon installation or re-installation all nu1s, bolts, and shul.s shall be replaced with IlfW, 316 stainless steel nuts, bolts and studs. 2.1.4.12 For Gear Boxes, Pull and rebuild gearboxes, replace all bearings, bushings, and gears. 2.1.4.13 For Gear Boxes, Machine all smfaces related to bearing and oil seal SUifuces for a proper fit as nece~a1y. 2.1.4.14 For Gear Boxes, Reassemble and install, align as necessary to a\'oid shaft wobble by sbiom:ring vertically. ' Bl.90J09JJB: Senicts to Rtpur, R.eplact or SupplJ t:tilify P:lllf Equipmenf-Auul Solicitation No. B190409JJB Page 14 of 22 2.1.4.15 For Gear Boxes, All nu1s, bolts and studs shall be replaced with new, 316 stainless steel nuts, bolts and studs. 2 .1.4.16 For Gear Boxes, Perl'orm laser :iligmne.nt between motor and gearbox assemblies. 2.1.4.17 For Compressors, Dress or hone cylinder walls. 2.1.4.18 For CompreS-sors, Replace, as needed, ringss, suction and discharge valves, bearings and bushings. pistons, and crank shafts. 2.1.4.19 For Compressors, Clean orreplace sight glass to oil sump as necessary. 2.1.4.20 For Compressors, Inspect inner-cooler and after-cooler for cracks, replace as necess:uy. 2.1.4.21 For Compressors, Supply new dri,-e belts as needed. 2 .1.4.22 For Compressors, Test pressure mitches for setting,, operation and condition of contacts, replace as necessary. 3. DOCU11ENTATIOl\ 3 .1 The Vendor shall provide one digital and two hardcopies to requesting Department of all installation, operation and maintenance manuals for all new equipment supplied and/or installed, as well as the documentation for warranties on all work as follows: 3.1.1 Labor and materials-12 month warranty 3 .1.2 Rebuilt or repaired equipment -90 day warranty 3 .1.3 New equipment -Manufacturer's wammty period 32 The Vendor shall provide digital pichire:s of the equipment data plates showing model numbers, serial nUillbers, etc. for equipment installed in such a way that the plates are difficult to read or access (such as those attached to submersible well pumps, vertical pumps., etc.). 3.3 The Vendor shall ensure that during the tenn of the Agreement, inclusn-e of any renewals, that the Vendor's crew crane members ha\-e attended safety classes on crane operation. End ofSrope of Work and Specifications Section , B190.f09JJB: SHVicM to R•pair, R..phn or Supply t:tilify Paat £qaipmt11t-AaauJ Solicitation No. B190409JJB Page 15 of 22 SPECL-U. co~mo~s These are conditions that are in relation to this solicitation only and have not been included in the County's standard Terms and Conditions or the Scope of\Vorl.:. I. PROJECT ITR1H 1.1 The Vendor shall be responsible for furnishing and delivering to the Lee County requesting Departme:nt(s) the commodity or services o.n an "as needed basis" for a one-year (1) period. There may be an option to extend this contract as specified in the Scope of Won; or specifications upon the approval of both the Co\lllty and the Vendor at the time of e."(fension or renewal for three (3), additional one (1) year periods. 2. BASIS OF .-\ W.-\RD 2.1 The basis of award shall be determined by the lowest Projad Total Bid of the most responsive, responsible, and qualified Vendor meeting all bid specifications. 3. ThTOICES 3.1 The Vendor's invoices shall include the following items: 3.1.1 The full name of the Co\lllty ezqiloyee who authoriz.ed the work to be done. 3 .1.2 Name of the facility where work was perfoIDJed. 3.1.3 Address or location of the fucility. 3 .1.4 County work order, purchase order or contrnct number. 3.1.5 Problem correcred and description of work performed. 3.1.6 Identifiers for equipment worl:ed on, e.g., lift station DU.DDer, pump llllillber, serial number, horsepower, manufacturer, etc. 3.1.7 For labor, in\•oices shall include the name, classification, work perfoIDJ.ed, total straight time boors wod.:ed, total premium time hours worked, and extended amount. 3.1.8 For repair CODllonents, the in,·oices shall include the item, quantity, unit price, and extended am>unt. 3.1.9 For replacement equipment supplied and /or installed, the invoices shall include the item description, manufacturer, model number, serial mmi>er, location where delivered or installed, price, mru:k-up, and extended amount. 3 .1 .10 For crew billing, im -oices shall include premium time hours for crew, rate for crew, crane use hmirs, rate and extended amounts. 3 .1.11 For any subcontracted work, the invoices shall include the name of subcontractor. wod; performed, price, m:uk-up and extended amount. 3.1.12 For miscellaneous items. e.g., overnight freight, pick-up or deli,·eI)• charges, consumables, etc., invoices shall indicate such items as a separate line item. 3 .1.12.1 For miscellaneous items, e.g., overnight freight, pick-up or deli\'ery charges, consumables, etc., such charges shall be pass-through charges at Vendor costs incurred. 3 .1.13 For specialty services, if :my, the inrnices shall include the service pro\ided, name of prmider, hours, rate and extended amount 3.1.14 In the e\'ent that the Vendor bills the County for charges from other soun::es, the Vendor shall provide invoices in order to verify any additional charges plus the markup percentage. 3.1.15 Include on invoices for AIL labor type jobs date of when wod: started and co~leted. 3.2 Material ~-up 3 .2 .1 Percentage marl.·up for repair components and new equipment shall be above Vendor incurred costs for such items. Cowty reserves the right at any point during the term of the Agreement, inclusive of any renewals, to request supporting documentation of Vendor inrniced amounts of material markup items. BUl(UOJ>JJB: Suvice lo Rtpair, Rtplatt or S1rpply -Clility Put Equipmml -Annul Solicitation No. B190409JJB Page 16 of 22 VEIi-.. 4 REQum.ED SlJ"MllTL\L DETAILS & DOCU\ffi',"TS 4.1 Vendor is requested to pm\'ide with bid submittal the below items. The C0tmty resen·es the right lo request additional documentation or cfarification at any point prior to award and during tam of Agreement, inclusive of any renewals. Failure to pr°',ide requested submittal documents in a timely manner, at the sole discretion of the County, may deem Vendor non-responsive and i.neligiole for 3Ward, renewal, or continuation of sen.ices_ County may accept OT reject the documentation pm\lided as acceptable to meet the below requests at its sole discretion. 4.1.1 Vendor shall hold a UL674 shop certi..fication0lotice of Completion and Authorization to Apply UL ½irk at time of County intent to award. 4.11 The Vendor shall li5t where indicated on the proposal form associated with this solicitation if they own, rent or lease the crane. 4.1.2.1 If the Vend.or is renting or leasing, they ml5t provide a copy of the Agreement to the County for proof that the Vendor is be able to meet the two hour emergency time required as part of this Agreement 4.1.3 Vendor shall provide doaUDentation that the crane crew members haYe attended safety clas.ses on crane operation. 4.2 Such required documentation and details shall be pro\iided. and in the name of the prime Vendor. Sub- contractors may not fulfill requirements as descnl>ed in this article. 5. U.\STER COJ\!!R..\CTI'\'OTICE S.1. This is a '·Ma.ster"f'Arurual" contract, which is not for any specific project. Won: to be performed tmder this contract will be authoriz.ed, scheduled, fimded, and accounted for by the issuance of County Purcha:.e Order (PO), by the requesting department The requesting County department reserves the right to provide additional project clarification details with the issuance of and within or attached to each PO. Such items shall be minor in nature such as providing for service completion dates, deli\'el)' locations, deli\·ery and working hot.us, ntm1ber of units, etc ... End of Special Conditions Section • Bl.90J09JJ13: Strrict1 to Rtpili, RtplJac-t or Supply t:tility Put Eqnipmu1t -Aa.aul Solicitation No. B190409JJB Page 17 of 22 I LEE COUNTY Procurement Ma1U1gemeol Departmeot 11JS 8-0cond Floor, J'1 Floor Fort Myers, FL 33?0J l\1nln Unc: (139) 533-8881 Fu:r. lli1e: (239) 485-8383 ,rnw.lccgov.com/pmcurcmcnt SOUT IIW EST FLORJDA Posted Dale: December 3, 2019 Solicitatioo No.: B190409JJB SuUcil.ation N11n1e: Si:rvices to Repair, Reploce or Supply Utility Plant .&juipmenl • Annual Subject: Adde.odum Number 1 The following ~prcs<:ol.$ clAriffoatkin, additions, clclclions, ancl(or modifications to the above reri:n:nce<l bid. This addendum shall hereafter be rcgnrdcd :is part of the soli citntion. ltoms not rcfcrcmccd heroin remain unchanged, including lhe response date. Words, phrases or sentences wil11 11. strikethrough represent deletions lo the original solicitation. Umicrlincd word!. and boldt<I, phr~ or sentences represent additions to the origjnal solicitation. l. Q\JESTIONSJANSWEHS 1. Answer 2. Does I.be reference survev form need to be completed wiU1 the bid? Plca~e rniow fonn/13, on page ll of the i;olicilation tlot.'llmcnts, "This form ¥1°ill he Answer requestw from the apparent low Bidder prior lo lbc award. (1101 rcqu:ired to submit "ll!·lth bit.I) 3. Do wo need lo use tho excel bid schedule to <mtcr in our numbers? Or can wo print it out ai1d hand write our numbers? Plrruc n:.,-fow section 4.3.4 ou page 4 of tho solkimtion documCL1ts, "Ir a cosUbld .1jt:heclule w•Js p1"4n·idcd in Microsoft Excel format, the returned completed Answer schedule should be Included as a Micl'Osoft Excel File on the Flash dri,•e."' Along with ll t.ltgital COJty, 11 pri11tctl cupy of tbe Bltl Sdmlulc iihoultl oo 1odut1ed wilh vou r bud conv submi.,sion ruu;kaee. BIDDER/PROPOSER IS ADVlS£D, \'OU AR£ REQUillED TO ACKNOWLEDGE llECl:l.t'T OF TITIS ADDENDUM WHEN SUill\llTI'ING A BID/PROPOSAL FAJLURE TO COMPLY WITH THIS REQU1RF.Jl.1ENT MA l' RESULT IN nm BIDDER/PROPOSER DEING CONSIDERED NON-RESPONSIVE. ALLw;~~-_J'El~lS AND CONDffiONS OF TIIE SOLICITATION DOCUMENTS ARE AND SHALL REM nirt: 1,-,, /~ fl // JnktBoncl? f>rocurcmcut Analyst Direct Lino: 239-533-8898 Loe County Procurement Monagcmenl Solicitation No. B190409JJB Page 1 of 1 Page 18 of 22 Item 1 2 3 4 EXHIBIT B FEE SCHEDULE Description Unit of Measure Technicians Per Hour Machinists, Lathe Operators Per Hour Welder Per Hour Specialty Service Technician Per Hour Unit Price $30.00 $28.00 $10.00 $50.00 SECTION 2 · EQUIPMENT AND CREW FOR REGULAR WORKING HOURS Item Description Unit of Measure Unit Price 1 Crane -20 Ton With 95 Foot Reach Per Hour $85.00 2 Two Man Crane Crew Per Hour $40.00 SECTION 3 -MATERIAL MARKUP Item Description Unit of Measure Markup% 1 Repair Componets Invoice Amount 12 2 New Equipment Invoice Amount 10 SECTION 4 -COMPENSATION FOR OVERTIME Item Description Unit of Measure Unit Price 1 Technicians Per Hour $30.00 2 Machinists, Lathe Operators Per Hour $28.00 3 Welder Per Hour $10.00 4 Specialty Service Technician Per Hour $50.00 SECTION 5 -EQUIPMENT AND CREW FOR OVERTIME Item Description Unit of Measure Unit Price 1 Crane -20 Ton With 95 Foot Reach Per Hour $85.00 2 Two Man Crane Crew Per Hour $40.00 SECTION 6 -COMPENSATION FOR EMERGENCY WORK HOURS Item Description Unit of Measure Unit Price 1 Technicians Per Hour $30.00 2 Machinists, Lathe Operators Per Hour $28.00 3 Welder Per Hour $10.00 4 Specialty Service Technician Per Hour $50.00 Solicitation No. B190409JJB Page 19 of 22 EXHIBIT C INSURANCE REQUIREMENTS LEE COUNTY ,OIJTHWF.~T F t .on IT>A Lee County Insurance Requirements ::\Iinimum Insurance Reguil'ements: Risk .\Im10ge111e11t i11110 way represe11ts tl,at tJ,l' i1m1m11ce req11irerl is s1,ffide11t or adequate to protect the 1·mdors' i11terest or llnbrlih'es. n,e folTo11i11g are rl,e 1·eq11ired 111i11i11111111s the 1·e11do1• 11111st 111ai11tni11 tl1ro11gl1011t t/11? d11ran'o11 of tl,is comrnct. n,e Co1111ty 1·es1.71-,•es tltl' rigl,t to req1111st additional doc11111e11tatio11 regnrdi11g i11s11rn11ce pron'ded a. Commercial ~neral Liability -Coverage shall apply to premises and/or operations, products and completed operations, independent contractors, contractual liability exposures with minimum limits of: $1,000,000 per occurrence $2,000,000 general aggregate $1.000,000 products and completed operations $1,000,000 personal and advertising injury b. Business Auto LfabilitY -Toe follo\v-ing Automobile liability will be required and coverage shall apply to all owned. hired and non-owned vehicles use with mioiomm limits of: $1,000,000 combined single limit (CSL); or $500,000 bodily injury per person $1,000,000 bodily injury per accident $500,000 property damage per accident c, Workers' Comptnsarion -Statutory benefits as defined by FS 440 encowpa!»ing all operations contemplated by this contract or agreement to apply to all o~-ners, officers, and employees regardless of the number of employees. Workers Compensation exemptions may be accepted with written proof of the State of Florida's approval of such e.~emption.. Employers' liability will have mioiouw1 limits of: $500,000 per accident $500,000 disease limit $500,000 disease -policy limit "'Dil' required 111i11i11111m limit of liabili~r sho11'11 i11 a. a11d b. 111ny be prolirled i11 tire fom1 of "EYceH Iruura11c1?" or "Co111111t>rdal Umbrell.a Policies." 111 11'/ricl, case, a "Folloll'i11g Form E11dorse111e11t" w,11 be required 011 the "E\"Cl!H Ins111·m1ce Policy" or "Com111e1•dal Umbrella Poli9·." Revised 03/19/2018 -Page 1 of2 Solicitation No. B190409JJB Page 20 of 22 LEE COUNTY .~01JTHW'f.!-T Fl on1n11 ,·e1ification ofConi-a:e: I. Coverage shall be in place prior to the commencement of any work and throughout the duration of the contrnct A certificate of insurance will be provided to the Risk Manager for review and approval. Tue certificate shall provide for the following: a. Tue certificate holder s hall I'ead a!> folloTr'i: Lee County Board of County Commissioners P.O. Bo::s: 398 Fort ~Iyers, Flolida 33902 b. "Lu Co1111ty, a political mbdi,isio11 and Charter Co1111ty of tl1e State of F1.orida, its age11ts, employees, and public officinu" mil be named as an "Additional Insured" on the General Liability policy, including Products and Completed Operations coYerage. Special Requirements: l. An appropriate "Indemnification" clause shall be made a provision of the contrnct 2. It is the responsibility of the general contractor to insure that all subcontractors comply ,vith all insur.:mce requirements. Revised 03/19/2018 -Page 2 of2 Solicitation No. B190409JJB Page 21 of 22 EXHIBIT D VENDOR BACKGROUND SCREENING AFFIDAVIT 1LEECOUNTY SOUTHWEST FLORIDA VENDOR BACKGROUND SCREENING AFFIDAVIT Florida Statutes Chapter 435 governs required background screenings for any employees, contractors, subcontractors, or agents of the Vendor who will have contact with any vulnerable person, as defined by statute, or who otherwise are required to undergo a Level 1 or Level 2 background screening in accordance with Florida Jaw. The Vendor is responsible for ensuring that such required background screenings are conducted in accordance with Florida Statutes Chapter 435. Documentation of such completed background screenings must be maintained for a period of no less than five (5) years and are subject to audit by Lee County at any time during such five (5) year period. Under penalty of perjury, I declare that I have read and understand the requirements stated above, and that all required background screenings shall be conducted in accordance with this affidavit. I further understand that there may be additional local, state, and federal regulations that may require background screening, and that the Vendor will be solely responsible for complying with such legal requirements. Furthermore, the Vendor shall indemnify and hold Lee County harmless from any and all claims or actions resulting from failure to comply with this affidavit. STATE OF t-0:\~q COUNTY OF_~~~ On the date set forth above, the foregoing instrument was sworn to (or affirmed) and subscribed before me by the above-named person and in their stated capacity, and is eithe~er~r,ially known to me or who . has produce the following as identification: ~L +L 'J\11 -~(.&,6 ~ .::i.. Y '3.J...C,, -r - [Stamp/seal required] Solicitation No. B190409JJB Page 22 of 22 Fw: Lee County Contract - Piggyback Jeremy Mader <maderelectricmotors@msn.com> Tue 6/2/2020 11:49 AM To: Conard, Caley <Caley.Conard@MyClearwater.com>; ted holtzman <ted@maderelectricmotors.com> 1 attachments (5 MB) B190409JJB_-_John_Mader_Enterprises_Proposed_Contract.pdf; CAUTION: This email originated from outside of the City of Clearwater. Do not click links or open attachments unless you recognize the sender and know the content is safe. Caley, Please consider this email as our authority to piggyback off this Lee County contract. Thanks, Jeremy Mader Mader Electric Motors From: Conard, Caley <Caley.Conard@MyClearwater.com> Sent: Tuesday, June 2, 2020 11:15 AM To: Jeremy Mader <maderelectricmotors@msn.com> Subject: Lee County Contract - Piggyback Good morning, Our annual contract is expiring on 8/16/20, and we would like to piggyback off of Lee County's contract B190409JJB, with your permission. Thank you, Caley Conard Accounting Technician, Ext 7262 City of Clearwater Public Utilities Department 727-562-4960 The City of Clearwater is now on SharePoint and our email address has changed, please update the email address for invoices or any other correspondence to Public Utilities Accounting to the new email listed below. NEW EMAIL: PublicUtilitiesAccounting@myclearwater.onmicrosoft.com If you have any questions or need additional information please contact me. Page 1 of 1 6/11/2020https://outlook.office365.com/mail/search/id/AAQkADNlMmU3NjBjLWIxOWMtNGQ4... 11/26/2019 Brown & Brown of Florida, Inc. 2290 Lucien Way Suite 400 Maitland FL 32751 Nelly Alfonso (407) 660-8282 (407) 660-2012 nalfonso@bborlando.com John Mader Enterprises, Inc. 18161 North Tamiami Trail N Ft Myers FL 33903 Southern Owners Ins. Co.10190 Progressive Express Ins. Co.10193 Scottsdale Insurance Co.41297 FFVA Mutual Insurance Co.10385 CL19112621792 A Y 72402846 09/15/2019 09/15/2020 1,000,000 300,000 10,000 1,000,000 2,000,000 2,000,000 EPLI 100,000 B Y 04135918-2 09/15/2019 09/15/2020 1,000,000 PIP-Basic 10,000 C 10,000 XLS0111756 09/15/2019 09/15/2020 2,000,000 2,000,000 D Y WC840-0027333-2019A 12/01/2019 12/01/2020 1,000,000 1,000,000 1,000,000 The City Of Clearwater is granted additional insured status by the General Liability and Auto Liability policies with regard to the operations of the namedinsured when required by written contract or agreement. City Of Clearwater 3290 State Road 580 Clearwater FL 33761 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCEDAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY VER 03-05-19 1 B190409JJB: Services to Repair, Replace or Supply Utility Pant Equipment – Annual Advertise Date: Tuesday, November 19, 2019 Lee County Board of County Commissioners DIVISION OF PROCUREMENT MANAGEMENT INVITATION TO BID (B) Solicitation No.: B190409JJB Solicitation Name: Services to Repair, Replace or Supply Utility Plant Equipment – Annual Open Date/Time: Friday, December 20, 2019 Time: 2:30 PM Location: Lee County Procurement Management 2115 Second Street, 1st Floor Fort Myers, FL 33901 Procurement Contact: Jake Bond Title Procurement Analyst Phone: (239) 533-8898 Email: Jbond@leegov.com Requesting Dept. Utilities Pre-Bid Conference: Type: NON-Mandatory Date/Time: 11/26/2019 10:00 AM Location: Procurement: Public Works Building, 1500 Monroe St 4th Floor, Fort Myers, FL 33901 All solicitation documents are available for download at www.leegov.com/procurement Electronic bidding is coming! Visit www.leegov.com/bid to stay informed VER 03-05-19 2 B190409JJB: Services to Repair, Replace or Supply Utility Pant Equipment – Annual Advertisement Date: 11/19/2019 Notice to Bidder Invitation to Bid (B) Lee County, Florida, is requesting bids from qualified individuals/firms for B190409JJB: Services to Repair, Replace or Supply Utility Pant Equipment – Annual Then and there to be publicly opened and read aloud for the purpose of selecting a vendor to furnish all necessary labor, services, materials, equipment, tools, consumables, transportation, skills and incidentals required for Lee County, Florida, in conformance with solicitation documents, which include technical specifications and/or a scope of work. Those individuals/firms interested in being considered for this solicitation are instructed to submit, in accordance with specifications, their Bids, pertinent to this project prior to 2:30 PM Friday, December 20, 2019 to the office of the Procurement Management Director, 2115 Second Street, 1st Floor, Fort Myers, Florida 33901. The Invitation to Bid shall be received in a sealed envelope, prior to the time scheduled to receive Bid(s), and shall be clearly marked with the solicitation name, solicitation number, bidder name, and contact information as identified in these solicitation documents. The Scope of Work/Specifications for this solicitation is available from www.leegov.com/procurement Bidders who obtain Scope of Work/Specifications from sources other than www.leegov.com/procurement are cautioned that the solicitation package may be incomplete. The County’s official bidders list, addendum(s) and information must be obtained from www.leegov.com/procurement. It is the bidder’s responsibility to check for posted information. The County may not accept incomplete Bids. A Non-Mandatory Pre-Bid Conference has been scheduled for the following time and location: 10:00 AM November 26, 2019 at 1500 Monroe Street, 4th Floor, Fort Myers, Florida 33901 for the purpose of discussing the proposed project. Prospective bidders are encouraged to attend. All prospective bidders are encouraged to obtain and review plans, specifications, and scope of work for this bid before the pre-bid conference so that they may be prepared to discuss any question or concerns they have regarding this project. A site visit may follow the pre-bid conference. Questions regarding this solicitation are to be directed, in writing, to the individual listed below using the email address listed below or faxed to (239) 485 8383 during normal working hours. Jake Bond Jbond@leegov.com Sincerely, Lindsay Cepero, CPPB Procurement Manager *WWW.leegov.Com/Procurement is the County’s official posting site VER 03-05-19 3 B190409JJB: Services to Repair, Replace or Supply Utility Pant Equipment – Annual Terms and Conditions INVITATION TO BID (B) 1. DEFINTIONS 1.1. Addendum/Addenda: A written change, addition, alteration, correction or revision to a bid, proposal or contract Agreement/Contract. Addendum/Addenda may be issued following a pre-bid/pre-proposal conference or as a result of a specification or work scope change to the solicitation. 1.2. Approved Alternate: Solicitation documents may make reference of specific manufacturer(s) or product(s). These references serve only as a recommendation and a guide to minimum quality and performance. The references are not intended to exclude approved alternatives of other manufacturer(s) or product(s). 1.3. Bid/Proposal Package: A bid/proposal is a document submitted by a vendor in response to some type of solicitation to be used as a basis for negotiations or for entering into a contract. 1.4. Bidder/Responder/Proposer: One who submits a response to a solicitation. 1.5. County: Refers to Lee County Board of County Commissioners. 1.6. Due Date and Time/Opening: Is defined as the date and time upon which a bid or proposal shall be submitted to the Lee County Procurement Management Division. Only bids or proposals received prior to the established date and time will be considered. 1.7. Liquidated Damages: Damages paid usually in the form of monetary payment, agreed by the parties to a contract which are due and payable as damages by the party who breaches all or part of the contract. May be applied on a daily basis for as long as the breach is in effect. 1.8. Procurement Management: shall mean the Director of Lee County’s Procurement Management Department or designee. 1.9. Responsible: A vendor, business entity or individual who is fully capable to meet all of the requirements of the bid/proposal solicitation documents and subsequent contract. Must possess the full capability including financial and technical, to perform as contractually required. Must be able to fully document the ability to provide good faith performance. 1.10. Responsive: A vendor, business entity or individual who has submitted a bid or request for proposal that fully conforms in all material respects to the bid/proposal solicitation documents and all of its requirements, including all form and substance. 1.11. Solicitation: An invitation to bid, a request for proposal, invitation to negotiate or any document used to obtain bids or proposals for the purpose of entering into a contract. 2. ORDER OF PRECEDENCE 2.1. In resolving conflicts, errors, and discrepancies, the order of precedence of the bid document is as follows 2.1.1. Florida State Law as applied to Municipal Purchasing in accordance with Title XIX, “Public Business”, Chapter 287 “Procurement of Personal Property and Services.” 2.1.2. Lee County Procurement Management Ordinance 18-22 2.1.3. Change Order 2.1.4. Agreement 2.1.5. Addenda 2.1.6. Special Conditions 2.1.7. Detailed Scope of Work/Specifications 2.1.8. Supplemental Information, if any 2.1.9. Terms and Conditions 3. RULES, REGULATIONS, LAWS, ORDINANCES AND LICENSES 3.1. It shall be the responsibility of the bidder to assure compliance with all other federal, state, or county codes, rules, regulations or other requirements, as each may apply. Any involvement with the Lee County shall be in accordance with but not limited to: 3.1.1. Lee County Procurement Management Manual 3.1.2. Pursuant to FL § Section 119.071, Public Records, General exemptions from inspection or copying of public records. Sealed bids, proposals or replies received by the agency pursuant to a solicitation are exempt from public records request (s. 119.07(1) and s. 24(a), Art. I, of the State Constitution until such time as the agency provides notice of an intended decision or until 30 days after opening the bids, proposals or final replies, whichever is earlier. VER 03-05-19 4 B190409JJB: Services to Repair, Replace or Supply Utility Pant Equipment – Annual 3.1.3. FL § 215 regarding scrutinized companies and business operations. 3.1.4. FL § 218 Public Bid Disclosure Act. 3.1.5. Florida State Law as applied to Municipal Purchasing in accordance with Title XIX, “Public Business”, Chapter 287 “Procurement of Personal Property and Services.” 3.1.6. FL § 337.168 Confidentiality of official estimates, identities of potential bidders, and bid analysis and monitoring system. 3.1.7. FL § Section 607.1501(1) states: A foreign corporation may not transact business in the State of Florida until it obtains a certificate of authority from the Department of State. 3.2. Local Business Tax Account: As applicable, anyone providing merchandise or services to the public within the jurisdiction of Lee County must obtain a Lee County business tax account to operate unless specifically exempted. 3.3. License(s): Bidder should provide, at the time of the opening of the bid, licenses required for this product and/or service. 4. BID – PREPARATION OF SUBMITTAL 4.1. Sealed Bid: Submission must be in a sealed envelope/box, and the outside of the submission must be marked with the following information (Sealed Bid Label Form is attached for your use): 4.1.1. Marked with the words “Sealed Bid” 4.1.2. Bid Number 4.1.3. Bid Title 4.1.4. Bid Due Date 4.1.5. Name of the firm submitting the bid 4.1.6. Contact e-mail and telephone number 4.2. Bid submission shall include: 4.2.1. Provide two (2) hard copies. Mark each: one “Original”, one “Copy” 4.2.2. Provide one (1) electronic flash drive set of the entire submission documents. 4.2.3. Electronic submission document is to be one single Adobe PDF file in the same order as the original hard copy. 4.2.4. Limit the color and number of images to avoid unmanageable file sizes. 4.2.5. Do not lock files. 4.3. Submission Format: 4.3.1. Required Forms: complete and return all required forms. If the form is not applicable please return with “Not Applicable” or “N/A” in large letters across the form. 4.3.2. Failure to submit required or requested information may result in the bidder being found non-responsive. 4.3.3. Execution of Bid: All documents must be properly signed by corporate authorized representative, witnessed, and where applicable corporate and/or notary seals affixed. All Bids shall be typed or printed in ink. The bidder may not use erasable ink. All corrections made to the bids shall be initialed. 4.3.4. If a cost/bid schedule was provided in Microsoft Excel format, the returned completed schedule should be included as a Microsoft Excel File on the Flash drive. 4.3.5. The submission should not contain links to other web pages. 4.3.6. Include any information requested by the County necessary to analyze your bid, i.e., required submittals, literature, technical data, financial statements. 4.3.7. Bid Security/Bond(s), as applicable (Construction projects) 4.4. Preparation Cost: The Bidder is solely responsible for any and all costs associated with responding to this solicitation. No reimbursement will be made for any costs associated with the preparation and submittal of any bid, or for any travel and per diem costs that are incurred by any Bidder. 5. RESPONSES RECEIVED LATE 5.1. It shall be the Bidder’s sole responsibility to deliver the bid submission to the Lee County Procurement Management Division prior to or on the time and date stated. All references to date and time herein reference Lee County, FL local time. 5.2. Any bids received after the stated time and date will not be considered. The bid shall not be opened at the public opening. Arrangements may be made for the unopened bid to be returned at the bidder’s request and expense. VER 03-05-19 5 B190409JJB: Services to Repair, Replace or Supply Utility Pant Equipment – Annual 5.3. The Lee County Procurement Management Division shall not be responsible for delays caused by the method of delivery such as, but not limited to; internet, United States Postal Service, overnight express mail service(s), or delays caused by any other occurrence. 6. BIDDER REQUIREMENTS (unless otherwise noted) 6.1. Responsive and Responsible: Only bids received from responsive and responsible bidders will be considered. The County reserves the right before recommending any award to inspect the facilities and organization; or to take any other necessary action, such as background checks, to determine ability to perform is satisfactory, and reserves the right to reject submission packages where evidence submitted or investigation and evaluation indicates an inability for the bidder to perform. 6.1.1. Additional sources may be utilized to determine credit worthiness and ability to perform. 6.1.2. Any bidder or sub-contractor that will have access to County facilities or property may be required to be screened to a level that may include, but is not limited to fingerprints, statewide criminal. There may be fees associated with these procedures. These costs are the responsibility of the bidder or sub- contractor. 6.1.3. Bidders are responsible for ensuring that any required background screening are conducted in accordance with Chapter 435. Bidders shall be aware, understand, and ensure compliance with the statutory requirements regarding background checks. FL Statutes Chapter 435 governs required background screenings for any employees, contractors, subcontractors, or agents of the Bidder who will have contact with any vulnerable person, as defined by statute, or who otherwise are required to undergo a Level 1 or Level 2 background screening in accordance with Florida law. Such requirements shall flow down to sub-contractors/consultants of the prime Bidder and prime Bidder shall ensure compliance with Chapter 435 of such parties. 6.1.3.1. Documentation of such completed background screenings must be maintained for a period of no less than five (5) years and are subject to audit by Lee County at any time during such five (5) year period. 6.2. BID--Past Performance: Bidders past performance and prior dealings with Lee County (i.e., failure to meet specifications, poor workmanship, late delivery, etc.) may be reviewed. Poor or unacceptable past performance may result in bidder disqualification. 6.3. Submission packages, unless otherwise noted, will be considered only from bidders normally engaged in the provision of the services specified here in. The bidder shall have adequate organization, facilities, equipment, and personnel to ensure prompt and efficient service to Lee County. The County reserves the right before recommending any award to inspect the facilities and organization; or to take any other action necessary to determine ability to perform satisfactorily, and reserves the right to reject submission packages where evidence submitted or investigation and evaluation indicated an inability of the bidder to perform. 7. PRE-BID CONFERENCE 7.1. A pre-bid conference will be held in the location, date, and time specified on the cover of this solicitation. The cover will also note if the pre-bid conference is Non-Mandatory or Mandatory. All questions and answers are considered informal. All prospective bidders are encouraged to obtain and review the solicitation documents prior to the pre-bid conference so they may be prepared to discuss any questions or concerns they have concerning this project. All questions must be submitted formally in writing to the procurement staff noted on the first page of the bid document. A formal response will be provided in the form of an addendum (see “County Interpretation/Addendums” for additional information.) A site visit may follow the pre-bid conference, as applicable. 7.2. Non-Mandatory: Pre-bid conferences are generally non-mandatory, but it is highly recommended that prospective bidders participate. 7.3. Mandatory: Failure to attend a mandatory pre-bid conference will result in the bid being considered non- responsive. 8. COUNTY INTERPRETATION/ADDENDUMS 8.1. Each Bidder shall examine the solicitation documents and shall judge all matters relating to the adequacy and accuracy of such documents. Any inquiries, suggestions or requests concerning interpretation, clarification or additional information pertaining to the solicitation shall be submitted in writing prior to 5:00 PM at least eight (8) calendar days prior to the date when the submission is due. VER 03-05-19 6 B190409JJB: Services to Repair, Replace or Supply Utility Pant Equipment – Annual 8.2. Response(s) will be in the form of an Addendum posted on www.leegov.com/procurement. It is solely the bidder’s responsibility to check the website for information. No notifications will be sent by Lee County Procurement Management Division. 8.3. All Addenda shall become part of the Contract Documents. 8.4. The County shall not be responsible for oral interpretations given by any County employee, representative, or others. Interpretation of the meaning of the plans, specifications or any other contract document, or for correction of any apparent ambiguity, inconsistency or error there in, shall be in writing. Issuance of a written addendum by the County’s Procurement Management Division is the only official method whereby interpretation, clarification or additional information can be given. 9. QUALITY GUARANTEE/WARRANTY (as applicable) 9.1. Bidder will guarantee their work without disclaimers, unless otherwise specifically approved by the County, for a minimum of twelve (12) months from the date of final completion. 9.2. Unless otherwise specifically provided in the specifications, all equipment and materials and articles incorporated in the work covered by this contract shall be new, unused and of the most suitable grade for the purpose intended. Refurbished parts or equipment are not acceptable unless otherwise specified in the specifications. All warrantees will begin from the date of final completion. 9.3. Unless otherwise specifically provided in the specifications, the equipment must be warranteed for twelve (12) months, shipping, parts and labor. Should the equipment be taken out of service for more than forty-eight (48) hours to have warranty work performed, a loaner machine of equal capability or better shall be provided for use until the repaired equipment is returned to service at no additional charge to the County. 9.4. If any product does not meet performance representation or other quality assurance representations as published by manufacturers, producers or distributors of such products or the specifications listed, the vendor shall pick up the product from the County at no expense to the County. The County reserves the right to reject any or all materials, if in its judgment the item reflects unsatisfactory workmanship or manufacturing or shipping damage. The vendor shall refund, to the County, any money which has been paid for same. 10. SUBSTITUTION(S)/APPROVED ALTERNATE(S) 10.1. Unless otherwise specifically provided in the specifications, reference to any equipment, material, article or patented process, by trade name, brand name, make or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. If a bidder wishes to make a substitution in the specifications, the bidder shall furnish to the County, no later than ten (10) business days prior to the bid opening date, the name of the manufacturer, the model number, and other identifying data and information necessary to aid the County in evaluating the substitution. Such information is submitted through the Procurement Management Division. Any such substitution shall be subject to County approval through the issuance of a written addendum by the County’s Procurement Management Division. Substitutions shall be approved only if determined by the County to be an Approved Alternate to the prescribed specifications. 10.2. A bid containing a substitution is subject to disqualification if the substitution is not approved by the County. Items bid must be identified by brand name, number, manufacturer and model, and shall include full descriptive information, brochures, and appropriate attachments. Brand names are used for descriptive purposes only. An Approved Alternate product or service may be used. 11. NEGOTIATED ITEMS 11.1. Any item not outlined in the Scope of Work/Specifications may be subject to negotiations between the County and the successful bidder. 11.2. After award of this bid the County reserves the right to add or delete items/services at prices to be negotiated at the time of addition or deletion. 11.3. At contract renewal time(s) or in the event of significant industry wide market changes, the County may negotiate justified adjustments such as price, terms, etc., if in its sole judgment, the County considers such adjustments to be in their best interest. 12. ERRORS, OMISSIONS, CALCULATION ERRORS (as applicable) 12.1. Calculation Errors: In the event of multiplication/addition error(s), the unit price shall prevail. Written prices shall prevail over figures where applicable. All bids will be reviewed mathematically and corrected, if necessary, using these standards, prior to further evaluation. VER 03-05-19 7 B190409JJB: Services to Repair, Replace or Supply Utility Pant Equipment – Annual 13. CONFIDENTIALITY 13.1. Bidders should be aware that all submissions provided are subject to public disclosure and will not be afforded confidentiality, unless provided by Chapter 119 FL §. 13.2. If information is submitted with a bid that is deemed “Confidential” the bidder must stamp those pages of the submission that are considered confidential. The bidder must provide documentation as to validate why these documents should be declared confidential in accordance with Chapter 119, “Public Records,” exemptions. 13.3. Lee County will not reveal engineering estimates or budget amounts for a project unless required by grant funding or unless it is in the best interest of the County. According to FL § 337.168: A document or electronic file revealing the official cost estimate of the department of a project is confidential and exempt from the provisions of s. 119.07(1) until the contract for the project has been executed or until the project is no longer under active consideration. 14. BID CONFLICT OF INTEREST 14.1. Business Relationship Disclosure Requirement: The award hereunder is subject to the provisions of Chapter 112, Public Officers and Employees: General Provisions, Florida Statues. All bidders must disclose with their submission the name of any officer, director or agent who is also an employee of the Lee County or any of its agencies. Further, all bidders must disclose the name of any County employee who owns directly or indirectly, an interest of five percent (5%) or more in the bidder’s firm or any of its branches. 15. ANTI-LOBBYING CLAUSE (Cone of Silence) 15.1. Following FL § Section 287.057(23), Upon the issuance of the solicitation, prospective proposers/bidders or any agent, representative or person acting at the request of such proposer/bidder shall not have any contact, communicate with or discuss any matter relating in any way to the solicitation with any Commissioner, Evaluation Review Committee, agent or employee of the County other than the Procurement Management Director or their designee. This prohibition begins with the issuance of any solicitation, and ends upon execution of the final contract or when the solicitation has been cancelled. If it is determined that improper communications were conducted, the Bidder/Proposer maybe declared non-responsible. 16. DRUG FREE WORKPLACE 16.1. Lee County Board of County Commissioners encourages Drug Free Workplace programs. 17. DISADVANTAGED BUSINESS ENTERPRISE (DBE) 17.1. The County encourages the use of Disadvantaged Business Enterprise Bidder(s) as defined and certified by the State of Florida Department of Transportation (DBE). 17.2. As requested in the required forms the Bidder is required to indicate whether they and/or any proposed sub- contractor(s) are Disadvantaged Business Enterprises (DBE). Lee County encourages the utilization and participation of DBEs in procurements, and evaluation proceedings will be conducted within the established guidelines regarding equal employment opportunity and nondiscriminatory action based upon the grounds of race, color, sex or national origin. Interested certified Disadvantaged Business Enterprise (DBE) firms as well as other minority-owned and women-owned firms, as defined and certified by the State of Florida Office of Supplier Diversity (Minority), are encouraged to respond. 18. ANTI-DISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY 18.1. The bidder agrees to comply, in accordance with FL § 287.134, 504 of the Rehabilitation Act of 1973 as amended, the Americans with Disabilities Act of 1990 (ADA), the ADA Amendments Act of 2008 (ADAAA) that furnishing goods or services to the County hereunder, no person on the grounds of race, religion, color, age, sex, national origin, disability or marital status shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination. 18.2. The bidder will not discriminate against any employee or applicant for employment because of race, religion, color, age, sex, national origin, disability or marital status. The bidder will make affirmative efforts to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, age, sex, national origin, disability or marital status. VER 03-05-19 8 B190409JJB: Services to Repair, Replace or Supply Utility Pant Equipment – Annual 18.3. The bidder will include the provisions of this section in every sub-contract under this contract to ensure its provisions will be binding upon each sub-contractor. The bidder will take such actions in respect to any sub- contractor, as the contracting agency may direct, as a means of enforcing such provisions, including sanctions for non-compliance. 18.4. An entity or affiliate who has been placed on the State of Florida’s Discriminatory Vendor List (This list may be viewed by going to the Department of Management Services website at http://www.dms.myflorida.com) 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 award or perform work as a vendor, supplier, sub- contractor, or consultant under contract with any public entity, and may not transact business with any public entity. 19. SUB-CONTRACTOR 19.1. The use of sub-contractors under this solicitation requires prior written authorization from the County representative. 20. BID - PROJECT GUIDELINES (as applicable) 20.1. The County has established the following Guidelines, Criteria, Goals, Objectives, Constraints, Schedule, Budget and or Requirements which shall service as a guide to the bidder(s) in conforming to the provision of goods and/or services to be provided pursuant to this Agreement/Contract: 20.1.1. No amount of work is guaranteed upon the execution of an Agreement/Contract. 20.1.2. Rates and all other negotiated expenses will remain in effect throughout the duration of the Agreement/Contract period. 20.1.3. This contract does not entitle any bidder to exclusive rights to County Agreement/Contracts/contracts. The County reserves the right to perform any and all available required work in-house or by any other means it so desires. 20.1.4. In reference to vehicle travel, mileage and man-hours spent in travel time, is considered incidental to the work and not an extra compensable expense. 20.1.5. Lee County reserves the right to add or delete, at any time, and or all material, tasks or services associated with this Agreement/Contract. 20.1.6. Any Single Large Project: The County, in its sole discretion, reserves the right to separately solicit any project that is outside the scope of this solicitation, whether through size, complexity or the dollar value. 21. BID – TIEBREAKER 21.1. Whenever two or more bids, which are equal with respect to price, quality and service, are received for procurement of commodities or contractual services, from responsive and responsible bidders, the following steps shall be taken to establish the award to the lowest bidder. This method shall be used for all ties. 21.1.1. Step 1 - Local Bidder: Between a local Bidder, and a non-local Bidder, a contract award, or the first opportunity to negotiate, as applicable, shall be made to the local Bidder. If local preference is prohibited by the funding source then step 2 will replace step 1. 21.1.2. Step 2 - Drug Free Workplace: At the conclusion of step 1, if all is equal, the Bidder with a Drug Free Workplace program shall be given preference over a Bidder with no Drug Free Workplace program. The contract award, or the first opportunity to negotiate, as applicable, shall be made to the bidder with the Drug Free Workplace program. 21.1.3. Step 3 - Coin Flip: At the conclusion of Step 1 and Step 2, if all is equal, the contract award, or the first opportunity to negotiate, as applicable, the final outcome shall be determined by the flip of a coin. 21.2. When the tie has been broken pursuant to the above procedures, the contract award, or the first opportunity to negotiate, as applicable, shall be furnished to the prevailing Bidder. 21.3. If an award or negotiation is unsuccessful with the initial bidder, award or negotiations may commence with the next highest bidder, utilizing the tiebreaker steps above to make the determination of next lowest bidder, if necessary. 22. WITHDRAWAL OF BID VER 03-05-19 9 B190409JJB: Services to Repair, Replace or Supply Utility Pant Equipment – Annual 22.1. No bid may be withdrawn for a period of 180 calendar days after the scheduled time for receiving submissions. A bid may be withdrawn prior to the solicitation opening date and time. Withdrawal requests must be made in writing to the Procurement Management Director, who will approve or disapprove the request. 22.2. A bidder may withdraw a submission any time prior to the opening of the solicitation. 22.3. After submissions are opened, but prior to award of the contract by the County Commission, the Procurement Management Director may allow the withdrawal of a bid because of the mistake of the bidder in the preparation of the submission document. In such circumstance, the decision of the Procurement Management Director to allow the submission withdrawal, although discretionary, shall be based upon a finding that the bidder, by clear and convincing evidence, has met each of the following four tests: 22.3.1. The bidder acted in good faith in submitting the bid, 22.3.2. The mistake in bid preparation that was of such magnitude that to enforce compliance by the bidder would cause a severe hardship on the bidder, 22.3.3. The mistake was not the result of gross negligence or willful inattention by the bidder; and 22.3.4. The mistake was discovered and was communicated to the County prior to the County Commission having formally awarded the Agreement/Contract. 23. PROTEST RIGHTS 23.1. Any Bidder that has submitted a formal Response to Lee County, and who is adversely affected by an intended decision with respect to the Award, has the right to protest an intended decision posted by the County as part of the Solicitation process. 23.2. Notice of Intended Decision is posted on the Lee County Department of Procurement Management website (www.leegov.com/procurement). Bidders are solely responsible to check for information regarding the Solicitation. 23.3. Refer to the “Procurement Protest” section of the Lee County Procurement Ordinance 18-22 for a complete description of the protest process and associated requirements. The ordinance is posted on the Lee County website or may be obtained by contacting the Procurement Management Director. 23.4. In order to preserve the right to protest, a written “Notice Of Intent To File A Protest” must be filed with the Lee County Procurement Management Director within seventy-two (72) hours of Posting of the Notice of Intended Decision. 23.4.1. The notice shall clearly indicate all grounds being claimed for the protest. 23.4.2. The notice must be physically received by the Procurement Management Director within the required time frame described above. No additional time will be granted for mailing. 23.5. Following receipt of the Notice of Intent to File a Protest, a “Protest Bond” and “Formal Written Protest” must be filed within ten (10) business days of Posting of the Notice of Intended Decision. 23.6. Failure to follow the protest procedures requirement within the time frames as prescribed herein and in the Lee County Procurement Ordinance 18-22 shall constitute a waiver of the right to protest and shall bar any resulting claims. 24. AUTHORITY TO UTILIZE BY OTHER GOVERNMENT ENTITIES 24.1. This opportunity is also made available to any government entity. Pursuant to their own governing laws, and subject to the Agreement/Contract of the vendor, other entities may be permitted to make purchases at the terms and conditions contained herein. Lee County Board of County Commissioners will not be financially responsible for the purchases of other entities from this solicitation. 25. CONTRACT ADMINISTRATION 25.1. Designated Contact: 25.1.1. The awarded bidder shall appoint a person(s) to act as a primary contact for all County departments. This person or back-up shall be readily available during normal working hours by phone or in person, and shall be knowledgeable of the terms and procedures involved. 25.1.2. Lee County requires the awarded bidder to provide the name of a contact person(s) and phone number(s) which will afford Lee County access 24 hours per day, 365 days per year, of this service in the event of major breakdowns or natural disasters. 25.2. BID – Term: (unless otherwise stated in the Scope of Work or Detailed Specifications) VER 03-05-19 10 B190409JJB: Services to Repair, Replace or Supply Utility Pant Equipment – Annual 25.2.1. Unless otherwise stated in the scope of work, specifications, or special conditions the default contract term shall be one (1) year with three (3), one (1) year renewals for a total of four (4) years upon mutual written agreement of both parties. 25.2.2. The County reserves the right to renew this Agreement/Contract (or any portion thereof) and to negotiate pricing as a condition for each. 25.2.3. The County’s performance and obligation to pay under this contract, and any applicable renewal options, is contingent upon annual appropriation of funds. 25.3. BID – Basis of Award: 25.3.1. The bid is awarded under a system of sealed, competitive bidding to the lowest responsive and responsible bidder. 25.3.2. In the event the lowest responsible and responsive bid for a project exceeds the available funds the County may negotiate an adjustment of the bid price with the lowest responsible and responsive bidder, in order to bring the total cost of the project within the amount of available funds. 25.3.3. The County reserves the right to make award(s) by individual item, group of items, all or none, or a combination thereof. The County reserves the right to reject any and all bids or to waive any minor irregularity or technicality in the bids received. Award will be made to the lowest responsible and responsive bidder(s) within the category chosen for basis of award. 25.3.4. The County reserves the right to award to one or multiple bidders at the discretion of the requesting authority and approval of the Procurement Management Director. 25.4. Agreement/Contracts/Contracts: 25.4.1. The awarded bidder will be required to execute an Agreement/Contract as a condition of award. A sample of this document may be viewed on-line at http://www.leegov.com/procurement/forms. 25.5. Records: 25.5.1. Retention: The bidder shall maintain such financial records and other records as may be prescribed by Lee County or by applicable federal and state laws, rules and regulations. Unless otherwise stated in the specifications, the bidder shall retain these records for a period of five years after final payment, or until they are audited by Lee County, whichever event occurs first. 25.5.2. Right to Audit/Disclosure: These records shall be made available during the term of the contract as well as the retention period. These records shall be made readily available to County personnel with reasonable notice and other persons in accordance with the Florida General Records Schedule. Awarded Bidder/Proposer(s) are hereby informed of their requirement to comply with FL §119 specifically to: 25.5.2.1. Keep and maintain public records required by the County to perform the service. 25.5.2.2. Upon request from the County’s custodian of public records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided or as otherwise provided by law. 25.5.2.3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. 25.5.2.4. Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the contractor or keep and maintain public records required by the County to perform the service. If the contractor transfers all public records to the County upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County’s custodian of public records, in a format that is compatible with the information technology systems of the County. 25.5.3. Public Record: IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE VENDOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS VER 03-05-19 11 B190409JJB: Services to Repair, Replace or Supply Utility Pant Equipment – Annual AT 239-533-2221, 2115 SECOND STREET, FORT MYERS, FL 33901, http://www.leegov.com/publicrecords. 25.5.4. Ownership: It is understood and agreed that all documents, including detailed reports, plans, original tracings, specifications and all data prepared or obtained by the successful bidder in connection with its services hereunder, include any documents bearing the professional seal of the successful bidder, and shall be delivered to and become the property of Lee County, prior to final payment to the successful bidder or the termination of the Agreement/Contract. This includes any electronic versions, such as CAD or other computer aided drafting programs. 25.6. Termination: 25.6.1. Any Agreement/Contract as a result of this solicitation may be terminated by either party giving thirty (30) calendar days advance written notice. The County reserves the right to accept or not accept a termination notice submitted by the vendor, and no such termination notice submitted by the vendor shall become effective unless and until the vendor is notified in writing by the County of its acceptance. 25.6.2. The Procurement Management Director may immediately terminate any Agreement/Contract as a result of this solicitation for emergency purposes, as defined by the Lee County Procurement Ordinance 18-22. 25.6.3. Any bidder who has voluntarily withdrawn from a solicitation without the County’s mutual consent during the contract period shall be barred from further County procurement for a period of 180 days. The vendor may apply to the Board for a waiver of this debarment. Such application for waiver of debarment must be coordinated with and processed by the Procurement Management Department. 25.6.4. The County reserves the right to terminate award or contract following any of the below for goods or services over $1,000,000: 25.6.4.1. Contractor is found to have submitted a false certification as provided under FL § 287.135 (5); 25.6.4.2. Contractor has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List (FL §215.473); 25.6.4.3. Contractor has engaged in business operations in Cuba or Syria (FL § 215.471); 25.6.4.4. Contractor has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel. (FL § 215.4725) 25.6.4.5. The County reserves the right to review, on a case-by-case basis, and waive this stipulation if it is deemed to advantageous to the County. 26. WAIVER OF CLAIMS 26.1. Once this contract expires, or final payment has been requested and made, the awarded bidder shall have waived any claims against the County concerning this contract. After that period, the County will consider the bidder to have waived any right to claims against the County concerning this Agreement/Contract. 27. LEE COUNTY PAYMENT PROCEDURES 27.1. Unless otherwise noted, all vendors are requested to mail an original invoice to: Lee County Finance Department Post Office Box 2238 Fort Myers, FL 33902-2238 27.2. All invoices will be paid as directed by the Lee County payment procedure unless otherwise stated in the detailed specifications for this project. 27.3. Lee County will not be liable for requests for payment deriving from aid, assistance, or help by any individual, vendor, proposer, or bidder for the preparation of these specifications. 27.4. Lee County is generally a tax exempt entity subject to the provisions of the 1987 legislation regarding sales tax on services. Lee County will pay those taxes for which it is obligated, or it will provide a Certificate of Exemption furnished by the Department of Revenue. All bidders should include in their bids, all sales or use taxes, which they will pay when making purchases of material or sub-contractor’s services. 28. SAFETY DATA SHEETS (SDS) (as applicable) 28.1. It is the vendor’s responsibility to provide Lee County with Safety Data Sheets on bid materials, as may apply to this procurement. VER 03-05-19 12 B190409JJB: Services to Repair, Replace or Supply Utility Pant Equipment – Annual 29. DEBRIS DISPOSAL (as applicable) 29.1. Unless otherwise stated, the bidder shall be fully responsible for the lawful removal and disposal of any materials, debris, garbage, vehicles or other such items which would interfere with the undertaking and completion of the project. There shall not be an increase in time or price associated with such removal. 30. SHIPPING (as applicable) 30.1. Cost of all shipping to the site, including any inside delivery charges and all unusual storage requirements shall be borne by the bidder unless otherwise agreed upon in writing prior to service. It shall be the bidders responsibility to make appropriate arrangements, and to coordinate with authorized personnel at the site, for proper acceptance, handling, protection and storage (if available) of equipment and material delivered. All pricing to be F.O. B. destination. 30.2. The materials and/or services delivered under the bid shall remain the property of the seller until a physical inspection and actual usage of these materials and/or services is accepted by the County and is deemed to be in compliance with the terms herein, fully in accord with the specifications and of the highest quality. 31. INSURANCE (AS APPLICABLE) 31.1. Insurance shall be provided by the awarded bidder/vendor. Prior to execution of the Agreement/Contract a certificate of insurance (COI) complying with the bid documents shall be provided by the bidder/vendor. End of Terms and Conditions Section VER 03-05-19 13 B190409JJB: Services to Repair, Replace or Supply Utility Pant Equipment – Annual INSURANCE GUIDE VER 03-05-19 14 B190409JJB: Services to Repair, Replace or Supply Utility Pant Equipment – Annual End of Insurance Guide Section VER 03-05-19 15 B190409JJB: Services to Repair, Replace or Supply Utility Pant Equipment – Annual SPECIAL CONDITIONS These are conditions that are in relation to this solicitation only and have not been included in the County’s standard Terms and Conditions or the Scope of Work. 1. PROJECT TERM 1.1 The Vendor shall be responsible for furnishing and delivering to the Lee County requesting Department(s) the commodity or services on an “as needed basis” for a one-year (1) period. There may be an option to extend this contract as specified in the Scope of Work or specifications upon the approval of both the County and the Vendor at the time of extension or renewal for three (3), additional one (1) year periods. 2. BASIS OF AWARD 2.1 The basis of award shall be determined by the lowest Project Total Bid of the most responsive, responsible, and qualified Vendor meeting all bid specifications. 3. INVOICES 3.1 The Vendor’s invoices shall include the following items: 3.1.1 The full name of the County employee who authorized the work to be done. 3.1.2 Name of the facility where work was performed. 3.1.3 Address or location of the facility. 3.1.4 County work order, purchase order or contract number. 3.1.5 Problem corrected and description of work performed. 3.1.6 Identifiers for equipment worked on, e.g., lift station number, pump number, serial number, horsepower, manufacturer, etc. 3.1.7 For labor, invoices shall include the name, classification, work performed, total straight time hours worked, total premium time hours worked, and extended amount. 3.1.8 For repair components, the invoices shall include the item, quantity, unit price, and extended amount. 3.1.9 For replacement equipment supplied and /or installed, the invoices shall include the item description, manufacturer, model number, serial number, location where delivered or installed, price, mark-up, and extended amount. 3.1.10 For crew billing, invoices shall include premium time hours for crew, rate for crew, crane use hours, rate and extended amounts. 3.1.11 For any subcontracted work, the invoices shall include the name of subcontractor, work performed, price, mark-up and extended amount. 3.1.12 For miscellaneous items, e.g., overnight freight, pick-up or delivery charges, consumables, etc., invoices shall indicate such items as a separate line item. 3.1.12.1 For miscellaneous items, e.g., overnight freight, pick-up or delivery charges, consumables, etc., such charges shall be pass-through charges at Vendor costs incurred. 3.1.13 For specialty services, if any, the invoices shall include the service provided, name of provider, hours, rate and extended amount. 3.1.14 In the event that the Vendor bills the County for charges from other sources, the Vendor shall provide invoices in order to verify any additional charges plus the markup percentage. 3.1.15 Include on invoices for ALL labor type jobs date of when work started and completed. 3.2 Material Markup 3.2.1 Percentage markup for repair components and new equipment shall be above Vendor incurred costs for such items. County reserves the right at any point during the term of the Agreement, inclusive of any renewals, to request supporting documentation of Vendor invoiced amounts of material markup items. VER 03-05-19 16 B190409JJB: Services to Repair, Replace or Supply Utility Pant Equipment – Annual 4 REQUIRED SUBMITTAL DETAILS & DOCUMENTS 4.1 Vendor is requested to provide with bid submittal the below items. The County reserves the right to request additional documentation or clarification at any point prior to award and during term of Agreement, inclusive of any renewals. Failure to provide requested submittal documents in a timely manner, at the sole discretion of the County, may deem Vendor non-responsive and ineligible for award, renewal, or continuation of services. County may accept or reject the documentation provided as acceptable to meet the below requests at its sole discretion. 4.1.1 Vendor shall hold a UL674 shop certification/Notice of Completion and Authorization to Apply UL Mark at time of County intent to award. 4.1.2 The Vendor shall list where indicated on the proposal form associated with this solicitation if they own, rent or lease the crane. 4.1.2.1 If the Vendor is renting or leasing, they must provide a copy of the Agreement to the County for proof that the Vendor is be able to meet the two hour emergency time required as part of this Agreement. 4.1.3 Vendor shall provide documentation that the crane crew members have attended safety classes on crane operation. 4.2 Such required documentation and details shall be provided and in the name of the prime Vendor. Sub- contractors may not fulfill requirements as described in this article. 5. MASTER CONTRACT NOTICE 5.1. This is a “Master”/”Annual” contract, which is not for any specific project. Work to be performed under this contract will be authorized, scheduled, funded, and accounted for by the issuance of County Purchase Order (PO), by the requesting department. The requesting County department reserves the right to provide additional project clarification details with the issuance of and within or attached to each PO. Such items shall be minor in nature such as providing for service completion dates, delivery locations, delivery and working hours, number of units, etc… End of Special Conditions Section VER 03-05-19 17 B190409JJB: Services to Repair, Replace or Supply Utility Pant Equipment – Annual SCOPE OF WORK AND SPECIFICATIONS 1. GENERAL SCOPE OF WORK 1.1 The Lee County Board of County Commissioners seeks to contract with a qualified Vendor to provide parts and repair services for various utility plant equipment, such as but not limited to: Actuators Aeration Rotors/ Brushes Aerators Bar screens Belt presses (Sludge Dewatering) Centrifugal blowers Centrifugal pumps Centrifuges (Sludge Dewatering) Chlorine Contact chambers Chopper pumps Clarifiers Clearwells Compressors Diaphragm Pumps Diffusers Digasifiers Digesters Feed Pumps Filters Forced Draft Blowers Gearboxes Grease Pots Grinder Pumps Grit Classifier Grit Pumps Grit Snail Headworks High service Pumps Horizontal split-case pumps Hydraulic Pumps Interstage booster pumps Lift pumps Lime Slakers Mud Wells Oxidation Ditches Positive Displacement blowers Screw pumps Step screens Submersible pumps Transfer Pumps Vertical turbine pumps Well Pumps 1.2 The Vendor shall repair, replace or supply utility plant equipment for the Lee County Utilities Division as requested on an as-needed basis. The Vendor shall provide all materials and labor necessary to complete all work performed under this Agreement. 1.3 During the term of this Agreement and any renewals, the Vendor shall: 1.3.1 Maintain a UL674 shop certification throughout the term of the Agreement. 1.3.2 Respond to calls for service as follows: 1.3.2.1 Emergencies – two hours or less. This includes providing necessary equipment such as crane when applicable. 1.3.2.1.1 Emergency status/categorization for purposed of this Agreement shall be at the discretion of the County department authorizing work to be completed. 1.3.2.2 Be able to reach the College Parkway Facility located at 7401 College Parkway Fort Myers, FL 33907, during an emergency, within two hours. 1.3.2.3 Regular repairs - return the County’s phone call within one hour, and repairs shall be started within 72 hours or less. 1.3.2.4 Weekends and Holidays - return the County’s phone call within one hour or less. 1.3.3 Order equipment and parts for the County in a timely manner to keep the facility running up to capacity. VER 03-05-19 18 B190409JJB: Services to Repair, Replace or Supply Utility Pant Equipment – Annual 1.3.4 Supply parts for equipment manufacturer’s such as, but not limited to: ABS Afton Alfa Laval Allis Chalmers Andritz Aurora Baldor Beck Boerger Centrysis Chemco Crown Davco Dayton Deloach Dodge Envirex Euro drive Evoqua Fairbanks Morse Finish Thompson Flowserve Flygt Foot Jones Gardner Denver Gorman-Rupp Gould Grundfos Hub City Ingersoll Rand Jacobs Jacobs AIR systems Jet Tech J-Line Johnson Lakeside Lamson Layne Leopold Lufkin Marathon Moyno MSA Peerless Penn Valley Pista-Grit Prominent Quincy RJ Environmental Roots SBR Seepex Speedaire Spirac Sultzer Sumitomo Trinova Triton Vaughn Weg Weinmann Wildon Wilo EMU Wimco Windsmith Woerner Worthington Xylem 1.3.5 Make modifications and repairs on the spot to keep the facility operational. 1.3.6 Perform services to epoxy coat rotating equipment parts e.g., impellers, shafts, blower fans etc., prior to reassembly to protect the components from harsh environment. 1.3.7 Provide specialty coatings for all equipment types and materials including nonmetallic concrete surfaces. 1.3.8 Have at least three (3) employees dedicated to the County Agreement, including two in the field and one in the shop. Each employee assigned the Agreement much have a minimum of three years of verifiable experience. This experience may be verified by the County at any point during the term of the Agreement and shall be verified via employment dates of companies that the employee has worked at utilizing their trade skills. 1.3.9 Own, lease, rent and maintain all equipment necessary to provide these services to include, at minimum, welding machines, hydraulic press, brake, motor test platform, safety equipment and crane. VER 03-05-19 19 B190409JJB: Services to Repair, Replace or Supply Utility Pant Equipment – Annual 2. TECHNICAL REQUIREMENTS 2.1 On a call out and pre-authorization basis, the Vendor shall provide the services described as follows: 2.1.1 Perform repair work at the County’s location, or pick up the equipment from the County’s location for repair at the Vendor’s shop. 2.1.2 Maintain adequate spare parts and pumps in the Vendor’s shop for any emergency repairs. Only OEM parts shall be used on all rebuilds, no aftermarket substitutes. 2.1.3 Vendor shall label each piece of equipment. Each piece of equipment shall receive an identification plate with its own individual identifying number, either made out of brass or aluminum or riveted in place. 2.1.4 Perform test run on all repaired or new equipment and document acceptance by the County. 2.1.4.1 Removal, inspection, evaluation, repair and re-installation of existing equipment or installation of a new equipment. 2.1.4.2 When possible, Vendor shall change stuffing box configuration from packing to a water cooled and internal water flushed mechanical seal. 2.1.4.3 Machine and adapt proper fit up to the liquid side of the pump. 2.1.4.4 Perform test run on all repaired or new equipment and document acceptance by LCU. 2.1.4.5 Perform electrical/mechanical repairs on 40 - 500 horsepower pumps. 2.1.4.6 Upon re-installation or new installation, a full laser alignment shall be performed along with a vibration analysis during test run. 2.1.4.7 For submersible well pumps, upon installation or re-installation all nuts, bolts, and studs shall be replaced with new, 316 stainless steel nuts, bolts and studs. 2.1.4.8 For submersible well pumps, Change piping to Certaloc piping on all well pumps that does not exist when converting from vertical turbine to submersible application. 2.1.4.9 For submersible well pumps, Add ¾” PVC pipe completely secured to discharge pipe of pump down into well to serve as an insertion tube for pizometer to measure well draw downs. 2.1.4.10 For submersible well pumps, Provide stainless steel safety cable connected to top of pump and motor to provide adequate support in the event of piping failure. 2.1.4.11 For sewage lift station pumps, Upon installation or re-installation all nuts, bolts, and studs shall be replaced with new, 316 stainless steel nuts, bolts and studs. 2.1.4.12 For Gear Boxes, Pull and rebuild gearboxes, replace all bearings, bushings, and gears. 2.1.4.13 For Gear Boxes, Machine all surfaces related to bearing and oil seal surfaces for a proper fit as necessary. 2.1.4.14 For Gear Boxes, Reassemble and install, align as necessary to avoid shaft wobble by shimming vertically. VER 03-05-19 20 B190409JJB: Services to Repair, Replace or Supply Utility Pant Equipment – Annual 2.1.4.15 For Gear Boxes, All nuts, bolts and studs shall be replaced with new, 316 stainless steel nuts, bolts and studs. 2.1.4.16 For Gear Boxes, Perform laser alignment between motor and gearbox assemblies. 2.1.4.17 For Compressors, Dress or hone cylinder walls. 2.1.4.18 For Compressors, Replace, as needed, rings, suction and discharge valves, bearings and bushings, pistons, and crank shafts. 2.1.4.19 For Compressors, Clean or replace sight glass to oil sump as necessary. 2.1.4.20 For Compressors, Inspect inner-cooler and after-cooler for cracks, replace as necessary. 2.1.4.21 For Compressors, Supply new drive belts as needed. 2.1.4.22 For Compressors, Test pressure switches for settings, operation and condition of contacts, replace as necessary. 3. DOCUMENTATION 3.1 The Vendor shall provide one digital and two hardcopies to requesting Department of all installation, operation and maintenance manuals for all new equipment supplied and/or installed, as well as the documentation for warranties on all work as follows: 3.1.1 Labor and materials – 12 month warranty 3.1.2 Rebuilt or repaired equipment – 90 day warranty 3.1.3 New equipment – Manufacturer’s warranty period 3.2 The Vendor shall provide digital pictures of the equipment data plates showing model numbers, serial numbers, etc. for equipment installed in such a way that the plates are difficult to read or access (such as those attached to submersible well pumps, vertical pumps, etc.). 3.3 The Vendor shall ensure that during the term of the Agreement, inclusive of any renewals, that the Vendor’s crew crane members have attended safety classes on crane operation. End of Scope of Work and Specifications Section VER 03-05-19 21 B190409JJB: Services to Repair, Replace or Supply Utility Pant Equipment – Annual FORMS DESCRIPTION & INSTRUCTIONS INVITATION TO BID This table provides a brief list, description, and instructions regarding the standard requested forms that should be submitted with all bids or proposals. This is not intended to be an all-inclusive list of forms required for your submission, but rather a guide to assist in completion of the County’s standard forms. Form # Title/Description 1 Solicitation Response Form All signatures must be by a corporate authorized representative, witnessed, and corporate and/or notary seal (as applicable.) The corporate or mailing address must match the company information as it is listed with the Florida Department of State Division of Corporations. Attach a copy of the web- page(s) from http://www.sunbiz.org as certification of this required information. Sample attached for your reference. Verify that all Addenda and tax identification number have been provided. 1a Bid/Proposal Form This form is used to provide itemization of project cost. A more detailed “schedule of values” may be requested by the County. * Business Relationship Disclosure Requirement Sections 112.313(3) and 112.313(7), F.S., prohibit certain business relationships on the part of public officers and employees, their spouses, and their children. If this disclosure is applicable, the Bidder must request the form entitled “INTEREST IN COMPETITIVE BID FOR PUBLIC BUSINESS” (Required by § 112.313(12)(b), F.S.) to be completed and returned with the Solicitation Response. It is the Bidder’s responsibility to request the form and disclose this relationship; failure to do so may result in being declared non-responsive. NOTICE: UNDER THE PROVISIONS OF § 112.317, F.S., A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR, AND MAY BE PUNISHED BY, ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000.00. 2 Affidavit Certification Immigration Laws Submission of this form constitutes acknowledgement that the Bidder is in compliance in regard to all applicable immigration laws. 3 Reference Survey Provide this form to reference respondents. For Bids, this form will be requested from the apparent low Bidder prior to the award. (not required to submit with bid) 1. Section 1: Bidder/Proposer to complete with reference respondent’s information prior to providing to them for their response. (This is not the Bidder/Proposer’s information.) 2. Section 2: Enter the name of the Bidder/Proposer; provide the project information in which the reference respondent is to provide a response. 3. The reference respondent should complete “Section 3.” 4. Section 4: The reference respondent to print and sign name 5. Three (3) Reference responses are to be provided upon request. 6. Failure to obtain reference surveys may make your company non-responsive. VER 03-05-19 22 B190409JJB: Services to Repair, Replace or Supply Utility Pant Equipment – Annual 4 Negligence or Breach of Contract Disclosure Form The form may be used to disclose negligence or breach of contract litigation that your company may have been a part of over the past ten (10) years. You may need to duplicate this form to list all history. If the Bidder has more than ten (10) lawsuits, you may narrow them to litigation of the company or subsidiary submitting the Solicitation Response. Include, at a minimum, litigation for similar projects completed in the State of Florida. Final outcome should include in whose favor the litigation was settled and whether a monetary amount was awarded. The settlement amount may remain anonymous. If you have no litigation, enter “None” in the first “type of incident” block of the form. Please do not write N/A on this form. 5 Affidavit - Principal Place of Business Certifies Bidder’s location information. 6 Sub-Contractor List To be completed and returned when sub-contractors are to be utilized and are known at the time of the submission. 7 Public Entity Crime Form Any person or affiliate, as defined by statute, 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 the County; may not submit a Bid on a contract with the County for the construction or repair of a public building or a public work; may not submit Bids or leases of real property to the County; may not be Awarded or perform Work as a contractor, supplier, subcontractor, or consultant under a contract with the County, and may not transact business with the County in excess of $25,000.00 for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. 8 Trench Safety N/A – Not Applicable Typically required in construction projects where trench excavations are in excess of 5 feet deep per Florida Trench Safety Act (90-96, Laws of Florida) 9 Bid Bond Guarantee to County that Bidder/Proposer will take on job if selected. 10 Minimum Qualifications Requirements States the minimum qualifications the Bidder/Proposer is required to meet in order to be considered for award or evaluation. * Bid/Proposal Label Self-explanatory. Please affix to the outside of the sealed submission documents. * Include any licenses or certifications requested Local Business Tax Account (as applicable) issued by City and/or County entity. This is necessary for all Florida vendors. It is the Bidder’s responsibility to ensure the Solicitation Response is mailed or delivered in time to be received no later than the specified opening date and time. (If Solicitation is not received prior to the deadline, it cannot be considered or accepted) VER 03-05-19 23 B190409JJB: Services to Repair, Replace or Supply Utility Pant Equipment – Annual Form 1 – Solicitation Response Form V09/12/2016 LEE COUNTY PROCUREMENT MANAGEMENT SOLICITATION RESPONSE FORM Date Submitted: Bid Due Date: 12/20/2019 SOLICITATION IDENTIFICATION: B190409JJB SOLICITATION NAME: Services to Repair, Replace or Supply Utility Plant Equipment - Annual COMPANY NAME: NAME & TITLE: (TYPED OR PRINTED) BUSINESS ADDRESS: (PHYSICAL) CORPORATE OR MAILING ADDRESS: SAME AS PHYSICAL ADDRESS MUST MATCH SUNBIZ.ORG E-MAIL ADDRESS: PHONE NUMBER: FAX NUMBER: NOTE REQUIREMENT: IT IS THE SOLE RESPONSIBILITY OF THE BIDDER/PROPOSER TO CHECK LEE COUNTY PROCUREMENT MANAGEMENT WEB SITE FOR ANY ADDENDA ISSUED FOR THIS PROJECT. THE COUNTY WILL POST ADDENDA TO THIS WEB PAGE, BUT WILL NOT NOTIFY. By responding to this sealed solicitation, the Bidder/Proposer makes all representations required by the instructions and further warrants and represents that: Bidder/Proposer has examined copies of all the solicitation documents and of the following addenda: No. Dated: No. Dated: No. Dated: No. Dated: No. Dated: No. Dated: Tax Payer Identification Number: (1) Employer Identification Number -or- (2) Social Security Number: ** Lee County collects your social security number for tax reporting purposes only Please submit a copy of your registration from the website www.sunbiz.org establishing your firm as authorized (including authorized representatives) to conduct business in the State of Florida, as provided by the Florida Department of State, Division of Corporations. (a sample is attached for your reference) 1 Collusion Statement: Lee County, Florida The undersigned, as Bidder/Proposer, hereby declares that no person or other persons, other than the undersigned, are interested in this solicitation as Principal, and that this solicitation is submitted without collusion with others; and that we have carefully read and examined the specifications or scope of work, and with full knowledge of all conditions under which the services herein is contemplated must be furnished, hereby bid/propose and agree to furnish this service according to the requirements set out in the solicitation documents, specifications or scope of work for said service for the prices as listed on the county provided price sheet or (CCNA) agree to negotiate prices in good faith if a contract is awarded. 2 Scrutinized Companies Certification: Section 287.135, FL §, “Prohibition against contracting with scrutinized companies.” Prohibits agencies from contracting with companies, for goods or services over $1,000,000, that are on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, Scrutinized Companies that Boycott Israel List, have been engaged in a boycott of Israel, or been engaged in business operations in Cuba or Syria. The County reserves the right to review, on a case-by-case basis, and waive this stipulation if it is deemed to advantageous to the County. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above is in compliance with Section 287.135, FL §. I understand that submission of a false certification may subject company to contract termination, civil penalties, attorney’s fees, and/or costs. VER 03-05-19 24 B190409JJB: Services to Repair, Replace or Supply Utility Pant Equipment – Annual Form#1 – Solicitation Form, Page 2 3 Business Relationship Disclosure Requirement: Sections 112.313(3) and 112.313(7), FL §, prohibit certain business relationships on the part of public officers and employees, their spouses, and their children. See Part III, Chapter 112, FL §, and/or the brochure entitled "A Guide to the Sunshine Amendment and Code of Ethics for Public Officers, Candidates and Employees" for more details on these prohibitions. However, Section 112.313(12), FL § (1983), provides certain limited exemptions to the above-referenced prohibitions, including one where the business is awarded under a system of sealed, competitive bidding; the public official has exerted no influence on bid negotiations or specifications; and where disclosure is made, prior to or at the time of the submission of the bid, of the official's or his spouse's or child's interest and the nature of the intended business. The Commission on Ethics has promulgated this form for such disclosure, if and when applicable to a public officer or employee. If this disclosure is applicable request form “INTEREST IN COMPETITIVE BID FOR PUBLIC BUSINESS” (Required by 112.313(12)(b), FL § (1983)) to be completed and returned with solicitation response. It is the bidder/proposer’s responsibility to disclose this relationship, failure to do so could result in being declared non- responsive. Business Relationship Applicable (request form) Business Relationship NOT Applicable 4 Disadvantaged Business Enterprise (DBE) bidder/proposer? If yes, please attach a current certificate. Yes No ALL SUBMISSIONS MUST BE EXECUTED BY AN AUTHORIZED AUTHORITY OF THE BIDDER/PROPOSER, WITNESSED AND SEALED (AS APPLICABLE) Company Name (Name printed or typed) Authorized Representative Name (printed or typed) (Affix Corporate Seal, as applicable) Authorized Representative’s Title (printed or typed) Witnessed/Attested by: (Witness/Secretary name and title printed or typed) Authorized Representative’s Signature Witness/Secretary Signature Any blank spaces on the form(s), qualifying notes or exceptions, counter offers, lack of required submittals, or signatures, on County’s Form may result in the submission being declared non-responsive by the County. VER 03-05-19 25 B190409JJB: Services to Repair, Replace or Supply Utility Pant Equipment – Annual VER 03-05-19 26 B190409JJB: Services to Repair, Replace or Supply Utility Pant Equipment – Annual Form 1a – Bid/Proposal Form PROCUREMENT MANAGEMENT DEPARTMENT BID/PROPOSAL FORM COMPANY NAME: SOLICITATION: B190409JJB – Services to Repair, Replace or Supply Utility Plant Equipment - Annual This page serves as a header/placeholder only. Please refer to the Excel document provided with the solicitation for the complete Bid Schedule. The Excel document contains formulas for convenience, however it is the Contractor’s responsibility to verify all pricing and calculations are CORRECT. Lee County is not responsible for errors in formulas or calculations contained within Excel document(s). REMINDER: In the event there is a discrepancy between the total quoted amount or the extended amounts and the unit prices quoted, the unit prices will prevail and the corrected sum will be considered the quoted price. The County will only accept bids submitted on bid forms provided by the County. Bids submitted on other forms, other than those provided by the County, will deem Bidder as non-responsive and ineligible for award. Bidders may not adjust or modify data provided within the Bid Schedule. Bids received with modified data may deem the Bidder as non-responsive and ineligible for award. PLEASE ENSURE you have provided a printed copy of the Bid Schedule with your hard copy submission packages and provided the excel version with your digital submission package. PRICING Pricing shall be inclusive of all labor, equipment, supplies, overhead, profit, materials, and any other incidental costs required to perform and complete all work as specified herein. VER 03-05-19 27 B190409JJB: Services to Repair, Replace or Supply Utility Pant Equipment – Annual Form 2 – Affidavit Certification of Immigration Laws AFFIDAVIT CERTIFICATION IMMIGRATION LAWS SOLICITATION NO.: B190409JJB SOLICITATION NAME: Services to Repair, Replace or Supply Utility Plant Equipment – Annual LEE COUNTY WILL NOT INTENTIONALLY AWARD COUNTY CONTRACTS TO ANY CONTRACTOR WHO KNOWINGLY EMPLOYS UNAUTHORIZED ALIEN WORKERS, CONSTITUTING A VIOLATION OF THE EMPLOYMENT PROVISIONS CONTAINED IN 8 U.S.C. SECTION 1324 a(e) {SECTION 274A(e) OF THE IMMIGRATION AND NATIONALITY ACT (“INA”). LEE COUNTY MAY CONSIDER THE EMPLOYMENT BY ANY CONTRACTOR OF UNAUTHORIZED ALIENS A VIOLATION OF SECTION 274A(e) OF THE INA. SUCH VIOLATION BY THE RECIPIENT OF THE EMPLOYMENT PROVISIONS CONTAINED IN SECTION 274A(e) OF THE INA SHALL BE GROUNDS FOR UNILATERAL CANCELLATION OF THE CONTRACT BY LEE COUNTY. BIDDER/PROPOSER ATTESTS THAT THEY ARE FULLY COMPLIANT WITH ALL APPLICABLE IMMIGRATION LAWS (SPECIFICALLY TO THE 1986 IMMIGRATION ACT AND SUBSEQUENT AMENDMENTS). Company Name:_____________________________ Signature Title Date STATE OF ___________________ COUNTY OF _________________ The foregoing instrument was signed and acknowledged before me this day of 20 , by who has produced (Print or Type Name) as identification. (Type of Identification and Number) _____________________________________ Notary Public Signature _____________________________________ Printed Name of Notary Public _____________________________________ Notary Commission Number/Expiration The signee of this Affidavit guarantee, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. LEE COUNTY RESERVES THE RIGHT TO REQUEST SUPPORTING DOCUMENTATION, AS EVIDENCE OF SERVICES PROVIDED, AT ANY TIME. VER 03-05-19 28 B190409JJB: Services to Repair, Replace or Supply Utility Pant Equipment – Annual Form 3 Reference Survey Lee County Procurement Management Reference Survey Reference surveys submitted can be a maximum of twelve (12) months old. If using a previous reference, Proposers must clearly identify the project name and number the reference is being submitted for. Project Name & Number: _________________________________________________________________________ Section 1 Reference Respondent Information Please return completed form to: FROM: Bidder/Proposer: COMPANY: Due Date: PHONE #: Total # Pages: 1 FAX #: Phone #: Fax #: EMAIL: Bidder/Proposer E-Mail: Section 2 Enter Bidder/Proposer Information , as applicable Similar Performed Project (Bidder/Proposer to enter details of a project performed for above reference respondent) Bidder/Proposer Name: Reference Project Name: Project Address: Project Cost: Summarize Scope: You as an individual or your company has been given as a reference on the project identified above. Please provide your responses in section 3 below. Section 3 Indicate: “Yes” or “No” 1. Did this company have the proper resources and personnel by which to get the job done? 2. Were any problems encountered with the company’s work performance? 3. Were any change orders or contract amendments issued, other than owner initiated? 4. Was the job completed on time? 5. Was the job completed within budget? 6. On a scale of one to ten, ten being best, how would you rate the overall work performance, considering professionalism; final product; personnel; resources. Rate from 1 to 10. (10 being highest) 7. If the opportunity were to present itself, would you rehire this company? 8. Please provide any additional comments pertinent to this company and the work performed for you: Section 4 Please submit non-Lee County employees as references Reference Name (Print Name) Reference Signature VER 03-05-19 29 B190409JJB: Services to Repair, Replace or Supply Utility Pant Equipment – Annual Form 4 -Negligence or Breach of Contract Disclosure Form REVISED 09/12/2016 ALLEGED NEGLIGENCE OR BREACH OF CONTRACT DISCLOSURE FORM Please fill in the form below. Provide each incident in regard to alleged negligence or breach of contract that has occurred over the past 10 years. Please compete in chronological order with the most recent incident on starting on page 1. Company Name: Type of Incident Alleged Negligence or Breach of Contract Incident Date And Date Filed Plaintiff (Who took action against your company) Case Number Court County/State Project Claim Reason (initial circumstances) Final Outcome (who prevailed) Make as many copies of this sheet as necessary in order to provide a 10 year history of the requested information. If there is no action pending or action taken in the last 10 years, complete the company name and write “NONE” in the first “Type of Incident” box of this page and return with your submission package. This form should also include the primary partners listed in your submission. Do not include litigation with your company as the plaintiff. Final outcome should include who prevailed and what method of settlement was made. If a monetary settlement was made the amount may remain anonymous. Please do not modify this form (expansion of spacing allowed) or submit your own variation. Page Number: Of Total pages Update the page number to reflect the current page and the total number of pages. Example: Page 3, of 5 total submitted pages of this form. VER 03-05-19 30 B190409JJB: Services to Repair, Replace or Supply Utility Pant Equipment – Annual Form 5 - Affidavit Principal Place of Business AFFIDAVIT PRINCIPAL PLACE OF BUSINESS Instructions: Please complete all information that is applicable to your firm Company Name: Printed name of authorized signer Title  Authorized Signature Date The signee of this Affidavit guarantee, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. LEE COUNTY RESERVES THE RIGHT TO REQUEST SUPPORTING DOCUMENTATION, AS EVIDENCE OF SERVICES PROVIDED, AT ANY TIME. Notary: State of County of The foregoing instrument was signed and acknowledged before me this day of 20 b y who has produced as identification (or personally known) Type of ID and number  Notary Public Signature Notary Commission Number and expiration 1. Principal place of business is located within the boundaries of: Lee County Collier County Non-Local Local Business Tax License # 2. Address of Principal Place of Business: 3. Number of years at this location years 4. Have you provided goods or services to Lee County on a regular basis within the past 3 consecutive years Yes* No *If yes, attach contractual history for past 3 consecutive years 5. Number of available employees for this contract 6. Does your company have a Drug Free Workplace Policy Yes No VER 03-05-19 31 B190409JJB: Services to Repair, Replace or Supply Utility Pant Equipment – Annual Form 6-Sub-contractor List SUB-CONTRACTOR LIST Sub-contractor Name Area Of Work Point Of Contact Or Project Supervisor Phone Number and Email Qualified DBE Yes/No Amount or Percentage of Total Please include sub-contractors name, area of work (i.e. mechanical, electrical, etc.) and a valid phone number and email. Also include the dollar value or percentage that the sub-contractor will be performing. If sub-contractors qualify as Disadvantaged Business Enterprise (DBE) contractors, please attach a current certificate. VER 03-05-19 32 B190409JJB: Services to Repair, Replace or Supply Utility Pant Equipment – Annual Form 7: Public Entity Crime Form Page 1 of 2 This form must be signed and sworn to in the presence of a notary public or other officer authorized to administer oaths. 1. This sworn statement is submitted to_________________________________________________ (Print name of the public entity) by_____________________________________________________________________________ (Print individual’s name and title) for____________________________________________________________________________ (Print name of entity submitting sworn statement) whose business address is__________________________________________________________ (If applicable) its Federal Employer Identification Number (FEIN) is _______________________ (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: On the attached sheet.) Required as per IRS Form W-9. 2. I understand that a “public entity crime” as defined in Paragraph 287.133(1) (g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including but not limited to, and bid or contract for goods or services to be provided to any public entity or agency or political subdivision or any other state or of the Unites States, and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understate that “convicted” or “conviction” as defined in Paragraph 287.133(1) (b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that “affiliate” as defined in Paragraph 287.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime: or: 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term “affiliate” includes those offices, directors, executives, partners, shareholders, employees, members and agents who are active in the management of the affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not fair market value under an arm’s length Agreement/Contract, shall be a facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a “person” as defined in Paragraph 287.133(1) (c), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term “person” includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of the entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting those sworn statement. (Please indicate which statement applies.) ______ Neither the entity submitted this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity nor affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. VER 03-05-19 33 B190409JJB: Services to Repair, Replace or Supply Utility Pant Equipment – Annual Public Entity Crime Form Page 2 of 2 ______ The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, member, or agents who are active in management of the entity, or an affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. ______ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, member, or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearing and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OR ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. ____________________________________ (Signature) ____________________________________ (Date) STATE OF_________________________________ COUNTY OF_______________________________ PERSONALLY APPEARED BEFORE ME, the undersigned authority, ___________________________ (Name of individual signing) who, after first being sworn by me, affixed his/her signature in the space provided above on this_________ day of___________________, 2____. ____________________________________ (NOTARY PUBLIC) My Commission Expires: _____________________________ VER 03-05-19 34 B190409JJB: Services to Repair, Replace or Supply Utility Pant Equipment – Annual Sealed Bid Label Cut along the outer border and affix this label to your sealed solicitation envelope to identify it as a “Sealed Bid”. SEALED BID DOCUMENTS • DO NOT OPEN BID NO.: B190409JJB BID TITLE: Services to Repair, Replace or Supply Utility Plant Equipment – Annual DATE DUE: Friday, December 20, 2019 TIME DUE: Prior to: 2:30 PM SUBMITTED BY: (Name of Company) e-mail address Telephone DELIVER TO: Lee County Procurement Management 2115 Second Street, 1st Floor Fort Myers FL 33901 . *Notice: the Date Due/Bid Due Date/Opening Date as stated on this label and other forms contained herein may have been updated via issuance of Addenda against this project. It is the sole responsibility of the Contractor/Vendor to monitor the County project webpage for any updates to the Date Due/Bid Due Date/Opening Date via Addenda. This label nor other original forms may not be updated. Contractor/Vendor may strike through and update Date Due/Bid Due Date/Opening Date at their discretion to match any updates to this date that have been published via Addenda. Submission received after the time and date of the Date Due/Bid Due Date/Opening Date will not be accepted at the sole discretion of the County. PLEASE PRINT CLEARLY Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7954 Agenda Date: 8/3/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Approve multiple vendor purchase orders as of a result of Invitation to Bid (ITB) 34-20, Mechanical, Electrical and Plumbing Services, for a total annual not-to-exceed amount of $4,000,000 with the option for three one-year renewal terms at the City’s discretion and authorize the appropriate officials to execute same. (consent) SUMMARY: Invitation to Bid (ITB) #34-20 was issued on April 29, 2020 for Mechanical, Electrical and Plumbing Services to be provided on an as-needed basis throughout the City. Nineteen bids were received on June 2, 2020, of which sixteen were responsive and responsible per the bid specifications. The bidders demonstrated a minimum of five years-experience performing their respective trade(s) in a commercial/industrial environment and submitted proposed hourly rates for their services. The proposed rates were evaluated and compared to Bureau of Labor and Industries wages in the Tampa Bay area, fully loaded commercial trade rates, and multiple municipal trade-specific contracts in the region. The evaluation resulted in the wage determination offered to, and accepted by, the contractors listed below: Mechanical Contractors: Air Mechanical & Service Corp of Tampa; All Florida Mechanical Services of Plant City; ConServ Building Services of Largo; Kenyon & Partners Inc of Tampa; Page Mechanical Group Inc of Largo; Pure Air Control Services Inc of Clearwater, Tampa Bay System Sales Inc dba Tampa Bay Trane of Tampa. Electrical Contractors: AMPRO Inc of Tampa; Bates Electric Inc of Tampa; Botta Electrical Contracting Inc of Largo; ConServ Building Services of Largo; Piper Fire Protection Inc of Clearwater; Tamco Electric Inc of Tampa. Plumbing Contractors: Alter Plumbing of Bradenton; Apollo Plumbing of Pinellas County Inc of Seminole; ConServ Building Services of Largo; C. Lacey Plumbing Inc of Clearwater; Ross Plumbing & Heating Inc of St. Petersburg. Public Utilities Department and the Building and Maintenance Division manage numerous capital and maintenance projects which require the services of certified mechanical, electrical and plumbing contractors. Having an established roster of contractors for each trade will enable Building and Maintenance to be more proactive and responsive to the many deadlines and needs throughout the City and facilitate Public Utilities’ maintenance of water and wastewater facilities in compliant operation. The intention is to maintain the rosters with a minimum of three contractors in each trade . Authorization is requested to allow both Building and Maintenance and Public Utilities to backfill roster contractors that may be dropped for a variety of reasons, not limited to: ·Contractor goes out of business Page 1 City of Clearwater Printed on 7/30/2020 File Number: ID#20-7954 ·Contractor notifies us they do not want to be on the roster ·Contractor is unable to handle the current job order ·Contractor refuses multiple city work orders in a three-month period This provides authority to use the selected vendor on this roster for citywide operating and capital needs. Companion agenda item(s) will be brought for council approval for capital improvements, replacements, and renovations with estimated costs greater than $100,000. APPROPRIATION CODE AND AMOUNT: Funding for this award will come from various operating cost centers as well as various capital improvement projects, respective to the work being performed. Departmental needs are estimated as follows: Building and Maintenance (to include all city facilities except Public Utilities) ·Citywide daily operational maintenance and repairs - $900,000 ·Citywide capital repairs and replacements - $1,600,000 Public Utilities ·WWC and water plant daily operational maintenance and repairs - $300,000 ·WWC and water plant capital repairs and replacements - $700,000 Contingency funds (Building & Maintenance and Public Utilities) - $500,000 Page 2 City of Clearwater Printed on 7/30/2020 v. 11.2018 Procurement Division 100 S Myrtle Ave 33756-5520 PO Box 4748 33758-4748 Clearwater FL 727-562-4633 INVITATION TO BID #34-20 Mechanical, Electrical, and Plumbing Services April 29, 2020 NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Clearwater (City) until 10:00 A.M., Local Time, June 2, 2020 to provide Mechanical, Electrical, and Plumbing Services. Brief Description: The City of Clearwater (City) is seeking sealed bids from mechanical, electrical, and plumbing contractors, for respective services on an as needed basis, including emergencies. Bids must be in accordance with the provisions, specifications and instructions set forth herein and will be received by the Procurement Division until the above noted time, when they will be publicly acknowledged and accepted. Bid packets, any attachments and addenda are available for download at: https://www.myclearwater.com/business/rfp Please read the entire solicitation package and submit the bid in accordance with the instructions. This document (less this invitation and the instructions) and any required response documents, attachments, and submissions will constitute the bid. General, Process or Technical Questions concerning this solicitation should be directed, IN WRITING, to the following Procurement Analyst: Kelly Rogers Procurement Analyst Kelly.Rogers@myclearwater.com This Invitation to Bid is issued by: Lori Vogel, CPPB Procurement Manager lori.vogel@myclearwater.com INSTRUCTIONS MEP Services 2 ITB #34-20 i.1 VENDOR QUESTIONS:All questions regarding the contents of this solicitation, and solicitation process (including requests for ADA accommodations), shall be directed solely to the contact listed on page 1. Questions should be submitted in writing via letter, fax or email. Questions received less than ten (10) calendar days prior to the due date and time may be answered at the discretion of the City. i.2 ADDENDA/CLARIFICATIONS:Any changes to the specifications will be in the form of an addendum. Addenda are posted on the City website no less than seven (7) days prior to the Due Date. Vendors are cautioned to check the Purchasing Website for addenda and clarifications prior to submitting their bid. The City cannot be held responsible if a vendor fails to receive any addenda issued. The City shall not be responsible for any oral changes to these specifications made by any employees or officer of the City. Failure to acknowledge receipt of an addendum may result in disqualification of a bid. i.3 VENDOR CONFERENCE / SITE VISIT:Yes No Mandatory Attendance:Yes No If so designated above, attendance is mandatory as a condition of submitting a bid. The conference/site visit provides interested parties an opportunity to discuss the City's needs, inspect the site and ask questions. During any site visit you must fully acquaint yourself with the conditions as they exist and the character of the operations to be conducted under the resulting contract. i.4 DUE DATE & TIME FOR SUBMISSION AND OPENING: Date:June 2, 2020 Time:10:00 A.M. (Local Time) The City will open all bids properly and timely submitted and will record the names and other information specified by law and rule. All bids become the property of the City and will not be returned except in the case of a late submission. Respondent names, as read at the bid opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days from day of opening elapses, whichever occurs earlier, bids are available for inspection by contacting the Procurement Division. i.5 BID FIRM TIME: 90 days from Opening Bid shall remain firm and unaltered after opening for the number of days shown above. The City may accept the bid, subject to successful contract negotiations, at any time during this time. i.6 BID SECURITY:Yes No If so designated above, a bid security in the amount specified must be submitted with the bid. The security may be submitted in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, or cashier's check payable to the City of Clearwater (personal or company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. Such bid security shall be forfeited to the City of Clearwater should the bidder selected fail to execute a contract when requested. PERFORMANCE SECURITY:Yes No If required herein, the Contractor, simultaneously with the execution of the Contract, will be required to furnish a performance security. The security may be submitted in one-year increments and in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, cashier's check or money order payable to the City of Clearwater (personal and company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. If the Contractor fails or refuses to fully comply with the terms and conditions of the contract, the City shall have the right to use all or such part of said security as may be necessary to reimburse the City for loss sustained by reason of such breach. The balance of said security, if any, will be returned to Contractor upon the expiration or termination of the contract. INSTRUCTIONS MEP Services 3 ITB #34-20 i.7 BID SUBMITTAL TO: It is recommended that bids be submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. Bidders may mail or hand-deliver bids to the address below. E-mail or fax submissions will not be accepted. Use label at the end of this solicitation package. City of Clearwater Attn: Procurement Division 100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520 or PO Box 4748, Clearwater FL 33758-4748 No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a bid that is not properly addressed and identified. i.8 LATE BIDS. The bidder assumes responsibility for having the bid delivered on time at the place specified. All bids received after the date and time specified shall not be considered and will be returned unopened to the bidder. The bidder assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery. You must allow adequate time to accommodate all registration and security screenings at the delivery site. A valid photo I.D. may be required. It shall not be sufficient to show that you mailed or commenced delivery before the due date and time. All times are Clearwater, Florida local times. The bidder agrees to accept the time stamp in the City Procurement Office as the official time. i.9 COMMENCEMENT OF WORK. If bidder begins any billable work prior to the City’s final approval and execution of the contract, bidder does so at its own risk. i.10 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the solicitation will not excuse any failure to comply with the requirements of the solicitation or any resulting contract, nor shall such failure be a basis for claiming additional compensation. If a vendor suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in any case not later than seven (7) business days in advance of the due date notify the contact on page one (1). The City is not responsible for and will not pay any costs associated with the preparation and submission of the bid. Bidders are cautioned to verify their bids before submission, as amendments to or withdrawal of bids submitted after time specified for opening of bids may not be considered. The City will not be responsible for any bidder errors or omissions. i.11 FORM AND CONTENT OF BIDS. Unless otherwise instructed or allowed, bids shall be submitted on the forms provided. An original and the designated number of copies of each bid are required. Bids, including modifications, must be submitted in ink, typed, or printed form and signed by an authorized representative. Please line through and initial rather than erase changes. If the bid is not properly signed or if any changes are not initialed, it may be considered non-responsive. In the event of a disparity between the unit price and the extended price, the unit price shall prevail unless obviously in error, as determined by the City. The City may require that an electronic copy of the bid be submitted. The bid must provide all information requested and must address all points. The City does not encourage exceptions. The City is not required to grant exceptions and depending on the exception, the City may reject the bid. i.12 SPECIFICATIONS. Technical specifications define the minimum acceptable standard. When the specification calls for “Brand Name or Equal,” the brand name product is acceptable. Alternates will be considered upon demonstrating the other product meets stated specifications and is equivalent to the brand product in terms of quality, performance and desired characteristics. Minor differences that do not affect the suitability of the supply or service for the City’s needs may be accepted. Burden of proof that the product meets the minimum standards or is equal to the brand name, product, is on the bidder. The City reserves the right to reject bids that the City deems unacceptable. INSTRUCTIONS MEP Services 4 ITB #34-20 i.13 MODIFICATION / WITHDRAWAL OF BID. Written requests to modify or withdraw the bid received by the City prior to the scheduled opening time will be accepted and will be corrected after opening. No oral requests will be allowed. Requests must be addressed and labeled in the same manner as the bid and marked as a MODIFICATION or WITHDRAWAL of the bid. Requests for withdrawal after the bid opening will only be granted upon proof of undue hardship and may result in the forfeiture of any bid security. Any withdrawal after the bid opening shall be allowed solely at the City’s discretion. i.14 DEBARMENT DISCLOSURE.If the vendor submitting this bid has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the bidder shall include a letter with its bid identifying the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating the suspension or debarment. i.15 RESERVATIONS. The City reserves the right to reject any or all bids or any part thereof; to rebid the solicitation; to reject non-responsive or non-responsible bids; to reject unbalanced bids; to reject bids where the terms, prices, and/or awards are conditioned upon another event; to reject individual bids for failure to meet any requirement; to award by item, part or portion of an item, group of items, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any bid. The City may seek clarification of the bid from bidder at any time, and failure to respond is cause for rejection. Submission of a bid confers on bidder no right to an award or to a subsequent contract. The City is charged by its Charter to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditions shall be made solely at the City’s discretion and made to favor the City. No binding contract will exist between the bidder and the City until the City executes a written contract or purchase order. i.16 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a bidder may not be acknowledged or accepted by the City. Award or execution of a contract does not constitute acceptance of a changed term, condition or specification unless specifically acknowledged and agreed to by the City. The copy maintained and published by the City shall be the official solicitation document. i.17 COPYING OF BIDS. Bidder hereby grants the City permission to copy all parts of its bid, including without limitation any documents and/or materials copyrighted by the bidder. The City’s right to copy shall be for internal use in evaluating the proposal. i.18 CONTRACTOR ETHICS.It is the policy of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the Procurement process, including Respondents and Contractors. To achieve the purpose of this Article, it is essential that Respondents and Contractors doing business with the City also observe the ethical standards prescribed herein. It shall be a breach of ethical standards to: a. Exert any effort to influence any City employee or agent to breach the standards of ethical conduct. b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or Services not provided. c. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply with any term, condition, specification or other requirement of a City Contract. i.19 GIFTS. The City will accept no gifts, gratuities or advertising products from bidders or prospective bidders and affiliates. The City may request product samples from vendors for product evaluation. i.20 PROTESTS AND APPEALS. If a Respondent believes there is a mistake, impropriety, or defect in the solicitation, believes the City improperly rejected its proposal, and/or believes the selected proposal is not in the City’s best interests, the Respondent may submit a written protest. All protests and appeals are governed by the City of Clearwater Purchasing Policy and Procedures. If any INSTRUCTIONS MEP Services 5 ITB #34-20 discrepancy exists between this Section and the Purchasing Policy, the language of the Purchasing Policy controls. Protests based upon alleged mistake, impropriety, or defect in a solicitation that is apparent before the bid opening must be filed with the Procurement Officer no later than five (5) business days before Bid Opening. Protests that only become apparent after the Bid Opening must be filed within ten (10) business days of the alleged violation of the applicable purchasing ordinance. The complete protest procedure can be obtained by contacting the Procurement Division. ADDRESS PROTESTS TO: City of Clearwater – Procurement Division 100 S Myrtle Ave, 3rd Fl Clearwater FL 33756-5520 or PO Box 4748 Clearwater FL 33758-4748 INSTRUCTIONS – EVALUATION MEP Services 6 ITB #34-20 i.21 EVALUATION PROCESS.Bids will be reviewed by the Procurement Division and representative(s) of the respective department(s). The City staff may or may not initiate discussions with bidders for clarification purposes. Clarification is not an opportunity to change the bid. Bidders shall not initiate discussions with any City employee or official. i.22 PRESENTATIONS/INTERVIEWS. The bidder must provide a formal presentation/interview upon request. i.23 CRITERIA FOR EVALUATION AND AWARD.The City evaluates three (3) categories of information: responsiveness, responsibility, and price. All bids must meet the following responsiveness and responsibility criteria to be considered further. a) Responsiveness. The City will determine whether the bid complies with the instructions for submitting bids including completeness of bid which encompasses the inclusion of all required attachments and submissions. The City must reject any bids that are submitted late. Failure to meet other requirements may result in rejection. b) Responsibility. The City will determine whether the bidder is one with whom it can or should do business. Factors that the City may evaluate to determine "responsibility" include, but are not limited to: excessively high or low priced bids, past performance, references (including those found outside the bid), compliance with applicable laws-including tax laws, bidder's record of performance and integrity - e.g. has the bidder been delinquent or unfaithful to any contract with the City, whether the bidder is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A bidder must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. City staff may also use Dun & Bradstreet and/or any generally available industry information. The City reserves the right to inspect and review bidder’s facilities, equipment and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection. c) Price. We will then evaluate the bids that have met the requirements above. i.24 COST JUSTIFICATION. In the event only one response is received, the City may require that the bidder submit a cost proposal in sufficient detail for the City to perform a cost/price analysis to determine if the bid price is fair and reasonable. i.25 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Bidder must be prepared for the City to accept the bid as submitted. If bidder fails to sign all documents necessary to successfully execute the final contract within a reasonable time as specified, or negotiations do not result in an acceptable agreement, the City may reject bid or revoke the award, and may begin negotiations with another bidder. Final contract terms must be approved or signed by the appropriately authorized City official(s). No binding contract will exist between the bidder and the City until the City executes a written contract or purchase order. i.26 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to Purchasing’s website. It is the bidder’s responsibility to check the City of Clearwater’s website at https://www.myclearwater.com/business/rfp to view relevant bid information and notices. i.27 BID TIMELINE. Dates are tentative and subject to change. Release ITB: April 29, 2020 Advertise Tampa Bay Times: May 6, 2020 Bids due: June 2, 2020 Review bids: June 2-19, 2020 Award recommendation: June 22, 2020 Council authorization: July 16, 2020 Contract begins: July 2020 STANDARD TERMS AND CONDITIONS MEP Services 7 ITB #34-20 S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: “vendor, contractor, supplier, proposer, company, parties, persons”, “purchase order, PO, contract, agreement”, “city, Clearwater, agency, requestor, parties”, “bid, proposal, response, quote”. S.2 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor’s employees, not City employees. Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers’ compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims. S.3 SUBCONTRACTING.Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. S.4 ASSIGNMENT.This Agreement may not be assigned either in whole or in part without first receiving the City’s written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event the City will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement. S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. S.6 NO THIRD-PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties. S.7 NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement. S.8 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor. S.9 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations under this Agreement. S.10 COMPLIANCE WITH APPLICABLE LAWS. a.General.Contractor must procure all permits and licenses and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. b.Drug-Free Workplace.Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects. Contractor will require a drug-free workplace for all Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Agreement must be notified in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. STANDARD TERMS AND CONDITIONS MEP Services 8 ITB #34-20 Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties. c.Federal and State Immigration Laws.Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States. (i) As applicable to Contractor, under this provision, Contractor hereby warrants to the City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees (hereinafter “Contractor Immigration Warranty”). (ii) A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City. (iii) The City retains the legal right to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. (iv) The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verification performed. (v) Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act. d.Nondiscrimination. Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment. Contractor and Contractor’s personnel will comply with applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and applicable rules in performance under this Agreement. S.11 SALES/USE TAX, OTHER TAXES.Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor’s services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required. If any taxing authority should deem Contractor or Contractor employees an employee of the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor’s responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. The City is exempt from paying state and local sales/use taxes and certain federal excise taxes and will furnish an exemption certificate upon request. S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City. S.13 OPENNESS OF PROCUREMENT PROCESS.Written competitive proposals, replies, oral presentations, meetings where vendors answer questions, other submissions, correspondence, and all records made thereof, as well as negotiations or meetings where negotiation strategies are STANDARD TERMS AND CONDITIONS MEP Services 9 ITB #34-20 discussed, conducted pursuant to this Invitation to Bid (ITB), shall be handled in compliance with Chapters 119 and 286, Florida Statutes. Proposals or replies received by the City pursuant to this ITB are exempt from public disclosure until such time that the City provides notice of an intended decision or until 30 days after opening the proposals, whichever is earlier. If the City rejects all proposals or replies pursuant to this ITB and provides notice of its intent to reissue the ITB, then the rejected proposals or replies remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued ITB or until the City withdraws the reissued ITB. A proposal or reply shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. Oral presentations, meetings where vendors answer questions, or meetings convened by City staff to discuss negotiation strategies, if any, shall be closed to the public (and other proposers) in compliance with Chapter 286 Florida Statutes. A complete recording shall be made of such closed meeting. The recording of, and any records presented at, the exempt meeting shall be available to the public when the City provides notice of an intended decision or until 30 days after opening proposals or final replies, whichever occurs first. If the City rejects all proposals or replies pursuant to this ITB and provides notice of its intent to reissue the ITB, then the recording and any records presented at the exempt meeting remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued ITB or until the City withdraws the reissued ITB. A recording and any records presented at an exempt meeting shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. In addition to all other contract requirements as provided by law, the contractor executing this agreement agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, Rosemarie Call, phone: 727-562-4092 or Rosemarie.Call@myclearwater.com, 600 Cleveland Street, Suite 600, Clearwater, FL 33755. The contractor’s agreement to comply with public records law applies specifically to: a) Keep and maintain public records required by the City of Clearwater (hereinafter “public agency”) to perform the service being provided by the contractor hereunder. b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s STANDARD TERMS AND CONDITIONS MEP Services 10 ITB #34-20 custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five (5) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor’s place of business or at City offices, as determined by the City. S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City’s information, data, or facilities in accordance with the City’s current background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law. STANDARD TERMS AND CONDITIONS MEP Services 11 ITB #34-20 S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement. S.17 DEFAULT. a. A party will be in default if that party: (i) is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor’s capability to perform under the Agreement; (ii) is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; (iii) conducts business in an unethical manner or in an illegal manner; or (iv) fails to carry out any term, promise, or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred from participating in City procurements and solicitations in accordance with the City’s Purchasing Policy and Procedures Manual. c.Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non- defaulting party to provide notice of the default does not waive any rights under the Agreement. d.Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement. S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and costs. c. The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, special, or consequential damages. S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. STANDARD TERMS AND CONDITIONS MEP Services 12 ITB #34-20 S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in part or in whole upon thirty (30) calendar days’ written notice. S.21 TERMINATION FOR CONFLICT OF INTEREST Florida Statutes Section 112. Pursuant to F.S. Section 112, the City may cancel this Agreement after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor. S.22 TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date. S.23 PAYMENT TO CONTRACTOR UPON TERMINATION.Upon termination of this Agreement, Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final invoice. S.24 NON-WAIVER OF RIGHTS.There will be no waiver of any provision of this agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. S.25 INDEMNIFICATION/LIABILITY. a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the obligations established by this Agreement. b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor-provided supplies or services. S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman-like and professional manner. The City’s acceptance of service or materials provided by Contractor will not relieve Contractor from its obligations under this warranty. If any materials or services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at no additional charge to the City, will provide materials or redo such services until in accordance with this Agreement and to the City’s reasonable satisfaction. Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications. S.27 THE CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City STANDARD TERMS AND CONDITIONS MEP Services 13 ITB #34-20 property, and will at the City’s request and expense, furnish to the City reasonable assistance and cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery. S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs. S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or publicity without obtaining the prior written consent of the City. S.31 PROHIBITED ACTS.Pursuant to Florida Constitution Article II Section 8, a current or former public officer or employee within the last two (2) years shall not represent another organization before the City on any matter for which the officer or employee was directly concerned and personally participated in during their service or employment or over which they had a substantial or material administrative discretion. S.32 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder. S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees. S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same without suit, trouble or hindrance from Contractor or third parties. S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is obtained against the City’s use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute supplies or services. S.37 CONTRACT ADMINISTRATION.The contract will be administered by the Procurement Administrator and/or an authorized representative from the using department. All questions regarding the contract will be referred to the administrator for resolution. Supplements may be written to the contract for the addition or deletion of services. Payment will be negotiated and determined by the contract administrator(s). STANDARD TERMS AND CONDITIONS MEP Services 14 ITB #34-20 S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing agreements with other Florida government agencies, including the Tampa Bay Area Purchasing Cooperative. Under a Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies in the State of Florida with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City is not responsible for any disputes arising out of transactions made by others. S.40 FUEL CHARGES AND PRICE INCREASES.No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City’s Procurement Division. S.41 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via overnight courier or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof. S.42 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida. The exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Pinellas County, Florida. S.43 INTEGRATION CLAUSE.This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed. S.44 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it. S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. S.46 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination. DETAILED SPECIFICATIONS MEP Services 15 ITB #34-20 1.INTRODUCTION. The City of Clearwater (City) is located on the West Coast of Florida in the Tampa Bay region. It is the third largest city in the region with an estimated population of 116,585 residents. The City of Clearwater is a major tourist destination – Clearwater Beach was recently rated #1 U.S. Beach by TripAdvisor, previously named “Florida’s Best Beach Town 2013” by USA Today, and was on the “Top Ten List of Best Beaches from Maine to Hawaii”. The City of Clearwater is home to the Philadelphia Phillies Spring Training and Clearwater Threshers Minor League Baseball and hosts several sports tournaments through the year that attract visitors from across the country. Clearwater is home for Winter the Dolphin and the Clearwater Marine Aquarium. Winter’s story has made it all the way to Hollywood in the motion pictures “Dolphin Tale” and “Dolphin Tale 2”, both filmed here in Clearwater. 2.BACKGROUND.The City is looking to establish a qualified roster for mechanical, electrical and plumbing services. The City’s Building and Maintenance Department is responsible for facilities citywide while the City’s Public Utilities Department is responsible for their facilities which include, but not limited to, water reclamation facilities, water plants, lift stations, wells, and reclaim booster pump stations. An estimated $2 million is spent annually on mechanical, electrical and plumbing services citywide. No guarantee of actual service requirements is implied or expressed in this solicitation, and the volume of work is dependent on budget and need. 3.SCOPE OF SERVICES. The City is seeking bids from licensed mechanical, electrical, and plumbing (MEP) contractors, as defined by Florida Statute, Chapter 489, and required by the Pinellas County Contractor Licensing Board (www.pcclb.com), to provide required labor and materials (by work order) at City facilities on an as-needed basis, to be scheduled and performed on behalf of the Building and Maintenance, Public Utilities, and other city departments. A. GENERAL REQUIREMENTS. Mechanical: Related services to include but not limited to split air conditioning units, chilled water air handlers, Variable Air Volume (VAV) boxes, rooftop package units, air cooled chillers, centrifugal chillers, pumps, blowers, cooling towers, computer room air conditioning units, and exhaust fans. Electrical: Related services to include but not limited to installation and maintenance of indoor fixtures and/or receptacles, distribution and panel boards, underground wiring, overhead circuits, the maintenance of sports lights or other electronic control devices, the maintenance and repair of street or parking lot lighting and related equipment, control panels, automatic transfer switch (ATS), motor control center (MCC), lift station electrical panel, and above and underground electrical systems. Plumbing:Related services to include but not limited to the repair and installation of PVC, steel pipe, copper pipe, copper tubing pipe valves and fittings and various typical plumbing fixtures. B. ADDITIONAL REQUIREMENTS. All personnel shall be equipped with appropriate personal protection equipment (PPE). Contractor shall comply with NFPA 70E electrical codes. Contractor shall comply with all OSHA requirements. Dispatched personnel must be located within the Tampa Bay region. Contractor personnel responding to work site must be capable of communicating with City staff in the English language. Contractor shall only dispatch properly licensed or certified personnel to perform services for the City. Contractor shall be properly licensed by the State of Florida and Pinellas County as a general contractor or by specialty trade, as applicable. Contractor shall provide a list of personnel, properly identifying supervisor/lead staff, assigned to the contract with their bid response. The list shall include names, title, years of experience specific to license/certification, license/certification numbers as well as emergency contact information. Contractor shall be responsible for updating the information as necessary. All Contractor personnel shall present a professional appearance; be neat, clean and DETAILED SPECIFICATIONS MEP Services 16 ITB #34-20 properly uniformed; be courteous and conduct themselves in a respectable manner while working on City property. Contractor shall have one (1) hour response time for emergencies and two (2) to four (4) hours for non-emergencies. Contractor shall own and have in good repair all tools and equipment necessary to perform work related to their respective trade(s). Each work order requires assigned personnel to record the project details separately: hours worked, tasks performed, materials used, etc. A copy must be provided at the completion of a project and a copy is to be submitted with a monthly invoice (consolidating all work for a 30-day period). If a contractor is selected for more than one (1) trade, each trade must be billed on a sperate invoice. Where applicable, contractor’s personnel shall sign in and out of on the facility’s visitor’s log sheet upon each visit. Upon completion of work, the Contractor shall restore each work site to a safe, clean condition, and remove all debris and trash. C. HOURLY RATES, RESPONSE TIME,AND MATERIALS. The successful bidder(s) shall provide labor, materials, and equipment required to complete services requested by the City. Labor rates must include all administrative time and overhead. The City intends to contract multiple vendors to form a per category roster for as-needed MEP services with standard rate of pay based on the average hourly rate of all awarded bid prices received (see Bid Pricing, pg. 21). Contractor shall obtain necessary permit(s) for each work order (City permitting fees are waived for work performed under this contract). All personnel licenses and certification fees are the responsibility of the Contractor. Hourly rates are based on the following times/days, two (2) to four (4) hour response time: Standard hourly rate: 7:00 A.M. to 5:00 P.M. Monday through Friday Standard helper hourly rate: 7:00 A.M. to 5:00 P.M. Monday through Friday Standard laborer hourly rate: 7:00 A.M. to 5:00 P.M. Monday through Friday Overtime hourly rate: After-hours or City recognized holidays Overtime helper hourly rate: After-hours or City recognized holidays Overtime laborer hourly rate: After-hours or City recognized holiday Emergency rates: any time/day of the week, with one (1) hour response time The City anticipates selecting contractors with twenty-four/seven (24/7) availability. Contractor must have capability of callback within a 30-minute period and meeting designated response times. The City will reimburse the contractor at labor cost plus a percentage mark-up for parts. City reserves the right, at any time during this contract, to require itemized receipts showing contractor’s actual cost for materials. Contractor shall warranty all workmanship for a minimum of ninety (90) days and all materials shall be based upon manufacturer warranty. D. INSPECTION and TESTING. All materials used in the performance of this contract shall be subject to adequate inspection and testing in accordance with accepted standards. The contractor shall furnish, at the City’s request, manufacturer’s certification of specifications conformance of materials. All work shall be inspected and approved by a City representative prior to payment issued. The City reserves the right to refuse any product which does not meet Federal, State or the specified safety standard. DETAILED SPECIFICATIONS MEP Services 17 ITB #34-20 The City reserves to right to inspect the contractor’s site at any reasonable time throughout the contract term. 4.MINIMUM QUALIFICATIONS. Contractor(s) must demonstrate a minimum of five (5) years’ experience performing their respective trade(s) in a commercial/industrial environment. Such proof can be in the form of a business license, registration, or certification document(s). Contractor(s) must include at least three (3) references for which comparable work has been performed in the last five (5) years. Contractor(s) must have an established Safety Plan and Drug-Free Policy. These items must be submitted with contractors bid response package. 5.INSURANCE REQUIREMENTS. The Vendor shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Vendor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a.Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b.Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Unless waived by the State of Florida and proof of waiver is provided to the City, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $500,000 (five hundred thousand dollars) each employee each accident, $500,000 (five hundred thousand dollars) each employee by disease, and $500,000 (five hundred thousand dollars) disease policy limit. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. d.Professional Liability Insurance coverage appropriate for the type of business engaged in by the Contractor with minimum limits of $1,000,000(one million dollars) per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (ERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. DETAILED SPECIFICATIONS MEP Services 18 ITB #34-20 The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. Other Insurance Provisions. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Vendor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured” on the Commercial General Liability Insurance and Auto Liability policies. In addition, when requested in writing from the City, Vendor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Procurement Division, ITB #34-20 P.O. Box 4748 Clearwater, FL 33758-4748 b. Vendor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. Vendor’s insurance as outlined above shall be primary and non-contributory coverage for Vendor’s negligence. d. Vendor reserves the right to appoint legal counsel to provide for the Vendor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Vendor’s design, equipment, or service. Vendor agrees that the City shall not be liable to reimburse Vendor for any legal fees or costs as a result of Vendor providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and City’s failure to request evidence of this insurance shall not be construed as a waiver of Vendor’s (or any contractors’, subcontractors’, representatives’ or agents’) obligation to provide the insurance coverage specified. MILESTONES MEP Services 19 ITB #34-20 1. BEGINNING AND END DATE OF INITIAL TERM. July 2020 through June 2021. If the commencement of performance is delayed because the City does not execute the contract on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution. 2.EXTENSION. The City reserves the right to extend the term of this contract, provided however, that the City shall give written notice of its intentions to extend this contract no later than thirty (30) days prior to the expiration date of the contract. 3.RENEWAL. At the end of the initial term of this contract, the City may initiate renewal(s) as provided. The decision to renew a contract rests solely with the City. The City will give written notice of its intention to renew the contract no later than thirty (30) days prior to the expiration. Three (3), one (1) year renewals possible at the City’s option. 4.PRICES. All pricing shall be firm for the initial term of one (1) year; except where otherwise provided by the specifications, and include all transportation, insurance and warranty costs. The City shall not be invoiced at prices higher than those stated in any contract resulting from this bid. The Contractor certifies that the prices offered are no higher than the lowest price the Contractor charges other buyers for similar quantities under similar conditions. The Contractor further agrees that any reductions in the price of the goods or services covered by this bid and occurring after award will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions. During the sixty (60) day period prior to each annual anniversary of the contract effective date, the Contractor may submit a written request for rate increases in an amount not to exceed three (3) percent annually and six (6) percent for the full contract term, based on the twelve month change of the U.S. Department of Labor, Bureau of Labor Statistics index, for Southeast region, www.bls.gov/regions/southeast/data. No fuel surcharges will be accepted. BID SUBMISSION MEP Services 20 ITB #34-20 1.BID SUBMISSION. It is recommended that bids be submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. For bids mailed and/or hand-delivered, bidder must submit one (1) signed original bid and one (1) electronic format on a CD or Thumb Drive, in a sealed container using label provided at the end of this solicitation. 2.BIDDER RESPONSE CHECKLIST.This checklist is provided for your convenience. It is not necessary to return a copy of this solicitation’s Instructions, Terms and Conditions, or Detailed Specifications with your bid response. Only submit the requested forms and any other requested or descriptive literature. Original and proper number of copies with electronic format Bid container properly labeled Bid Pricing form Exceptions/Additional Materials/Addenda form Vendor Information form Scrutinized Companies Form(s) Offer Certification form Reference Form Drug-Free Policy Form Company Safety Plan Work Warranty information List of employees with proper license/certification numbers Proof of established business for a minimum of five (5) years – dated prior to April 2015 (Reference No. 4. MINIMUM QUALIFICATIONS, pg. 17). W-9 Request for Taxpayer Identification Number and Certification form (http://www.irs.gov/pub/irs-pdf/fw9.pdf) BID PRICING MEP Services 21 ITB #34-20 Pursuant to the contract specifications set forth and described in this solicitation, we agree to furnish Labor & Materials to the City of Clearwater, per the proposed rates below. Upon vendor selection, rates of the selected vendors will be tabulated and averaged resulting in a Standard Pricing List. The approved pricing list, by category, will be provided to selected vendors for formal acceptance. The same Standard Pricing List will apply to all contractors providing MEP services to the City. The award(s) of this bid is contingent on the acceptance of the Standard Pricing List. Item No. Description Mechanical Electrical Plumbing 1 Standard hourly rate $ $ $ 2 Standard helper hourly rate $ $ $ 3 Standard laborer hourly rate $$$ 4 Overtime hourly rate $ $ $ 5 Overtime helper hourly rate $ $ $ 6 Overtime laborer hourly rate $ $ $ 7 Emergency hourly rate $ $ $ 8 Emergency helper hourly rate $ $ $ 9 Emergency laborer hourly rate $ $ $ 10 Percentage over actual cost for materials (an itemized materials list for each work order is required) % % % PAYMENT TERMS: City of Clearwater’s standard payment terms are NET30 Vendor: _________________________________________ Date: _______________________________ EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA MEP Services 22 ITB #34-20 Bidders shall indicate any and all exceptions taken to the provisions or specifications in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): Note – Any material exceptions taken to the City’s Standard Terms and Conditions will render a Bid Non-responsive. No exceptions Exceptions taken (describe--attach additional pages if needed) Additional Materials submitted (mark one): No additional materials have been included with this bid Additional Materials attached (describe--attach additional pages if needed) Addenda Bidders are responsible for verifying receipt of any addenda issued by checking the City’s website at http://www.myclearwater.com/business/bid-information/ prior to the bid opening. Failure to acknowledge any addenda issued may result in a response being deemed non-responsive. Acknowledgement of Receipt of Addenda (initial for each addenda received, if applicable): Addenda Number Initial to acknowledge receipt Vendor Name ____ Date: ____ VENDOR INFORMATION MEP Services 23 ITB #34-20 Company Legal/Corporate Name: Doing Business As (if different than above): Address: City: State: Zip: - Phone: Fax: E-Mail Address: Website: DUNS # Remit to Address (if different than above): Order from Address (if different from above): Address: Address: City: State: Zip: City: State: Zip: Contact for Questions about this bid: Name: Fax: Phone: E-Mail Address: Day-to-Day Project Contact (if awarded): Name: Fax: Phone: E-Mail Address: Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: SCRUTINIZED COMPANIES MEP Services 24 ITB #34-20 SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 3. “Boycott Israel” or “boycott of Israel” means refusing to deal, terminating business activities, or taking other actions to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli-controlled territories, in a discriminatory manner. A statement by a company that it is participating in a boycott of Israel, or that it has initiated a boycott in response to a request for a boycott of Israel or in compliance with, or in furtherance of, calls for a boycott of Israel, may be considered as evidence that a company is participating in a boycott of Israel; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of physical presence or online notarization on, this _____ day of _________________, 20____, by _______________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. _______________________________________ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE SCRUTINIZED COMPANIES MEP Services 25 ITB #34-20 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM IF YOUR BID/PROPOSAL IS $1,000,000 OR MORE, THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 5. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaging in business operations in Cuba and Syria; and 6. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria; and 7. Business Operations means, for purposes specifically related to Cuba or Syria, engaging in commerce in any form in Cuba or Syria, including, but not limited to, acquiring, developing, maintaining, owning, selling, possessing, leasing or operating equipment, facilities, personnel, products, services, personal property, real property, military equipment, or any other apparatus of business or commerce; and 8. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of physical presence or online notarization on, this _____ day of _________________, 20____, by _______________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. _______________________________________ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE OFFER CERTIFICATION MEP Services 26 ITB #34-20 By signing and submitting this Bid, the Vendor certifies that: a) It is under no legal prohibition on contracting with the City of Clearwater. b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents. c) It has no known, undisclosed conflicts of interest. d) The prices offered were independently developed without consultation or collusion with any of the other respondents or potential respondents or any other anti-competitive practices. e) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who has or may have had a role in the procurement process for the services and or goods/materials covered by this contract. f) It understands the City of Clearwater may copy all parts of this response, including without limitation any documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer, or in response to a public records request under Florida’s public records law (F.S. 119) or other applicable law, subpoena, or other judicial process; provided that Clearwater agrees not to change or delete any copyright or proprietary notices. g) Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees. h) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and not debarred by any Federal or public agency. i) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and Rules if awarded by the City. j) It is current in all obligations due to the City. k) It will accept such terms and conditions in a resulting contract if awarded by the City. l) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit binding offers for the goods or services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: REFERENCES MEP Services 27 ITB #34-20 Instructions:The bidder shall submit a minimum of three (3) customer references for which the vendor has recently performed similar services. Additional pages may be added, if needed. Complete and return with bid submittal. Reference # 1 Project Name:Contract Value: Date Began:Date Completed: Address City / State / Zip Contact Person:Email: Phone:Fax: Notes: Reference # 2 Project Name:Contract Value: Date Began:Date Completed: Address City / State / Zip Contact Person:Email: Phone:Fax: Notes: Reference # 3 Project Name:Contract Value: Date Began:Date Completed: Address City / State / Zip Contact Person:Email: Phone:Fax: Notes: Vendor Name Date: DRUG FREE WORKPLACE FORM MEP Services 28 ITB #34-20 The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that does: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee’s community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Vendor Signature Date DRUG-FREE WORKPLACE FORM MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER MEP Services 29 ITB #34-20 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED BID Submitted by: Company Name: Address: City, State, Zip: ITB #34-20, Mechanical, Electrical and Plumbing Services Due Date: June 2, 2020, at 10:00 A.M. City of Clearwater Attn: Procurement PO Box 4748 Clearwater FL 33758-4748 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ SEALED BID Submitted by: Company Name: Address: City, State, Zip: ITB #34-20, Mechanical, Electrical and Plumbing Services Due Date: June 2, 2020, at 10:00 A.M. ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ City of Clearwater Attn: Procurement 100 S Myrtle Ave 3rd Fl Clearwater FL 33756-5520 Scanned by CamScanner INVITATION TO BID #34-20 Mechanical, Electrical, Plumbing Services Contractor Acceptance Form Company Name: _______________________________________________________________________ Point of Contact: _______________________________________________________________________ Email Address:_________________________________________________________________________ Phone: ___________________________________ ____ I/We have received the hourly rates for ITB #34-20 effective July 1, 2020 through June 30, 2021. Initial ____ I/We understand that no additional rate or wage variations will apply to contract work. Initial ____ I/We agree to perform work for the City of Clearwater in the roster categories bid: initial ___ Mechanical ___ Electrical ___ Plumbing _________________________________________________ _______________________________ Signature/Print (must be signed by Company authorized representative) Date ************************************************************************************* ____ The undersigned chooses to not be included on the City’s MEP rosters established from ITB #34-20. Initial _________________________________________________ _______________________________ Signature/Print (must be signed by Company authorized representative) Date INVITATION TO BID #34-20 Mechanical, Electrical, Plumbing Services Contractor Acceptance Form Company Name: _______________________________________________________________________ Point of Contact: _______________________________________________________________________ Email Address:_________________________________________________________________________ Phone: ___________________________________ ____ I/We have received the hourly rates for ITB #34-20 effective July 1, 2020 through June 30, 2021. Initial ____ I/We understand that no additional rate or wage variations will apply to contract work. Initial ____ I/We agree to perform work for the City of Clearwater in the roster categories bid: initial ___ Mechanical ___ Electrical ___ Plumbing _________________________________________________ _______________________________ Signature/Print (must be signed by Company authorized representative) Date ************************************************************************************* ____ The undersigned chooses to not be included on the City’s MEP rosters established from ITB #34-20. Initial _________________________________________________ _______________________________ Signature/Print (must be signed by Company authorized representative) Date _Offer_Alter mbing.pdf C I ·1� 'Y O F C J_, E .A R \\1 A T E Hi,.'-'--,.IOO'Affl(f.,',T, l �,, 0f>IJJO; � 414:� C)f �\.1l.l� f14ml.l 3J7.5S4""' t,11;.�u�:5£g\1<»Rt::U>.NG.100So<.:tn)himJ: l&\�'Vf.i �th l':"1'11(),_,'1\ fn.7J 5Gl..;U!I F.u: vl'1J-�i.,s INVITATION TO BID #34-20 Mechanical, Electrical, Plumbing Services Contractor Acceptance Form Company Name: 1 1 , . , • , • ..., -• \-·'V v" L 1 , • Point of C.ontact �\J .... \ .... A,�i<.....--'.V(__.=- Email Alidress: 8 \ +e. <j?,uM\, il,) Phone: q � \ ' 7 Z � - / 7 �w/vWe have received the hourly rates for rrs #34-20 effective July 1, 2020 throt..gh Ju ne 30, 2021. � � -- VWe nderstand that no additional rate or wage variations will apply to contract work. In� -VWe. agree to perform work for the City of Clearwater in the roster cate�bid: _ Mechanical _ Electrical £1umbing , -/e,� 2ol6 _.�stt. szana,d tl'fCC11!11iWIV ol<lltabed ,_,_SIDtlW)Due Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8077 Agenda Date: 8/3/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 10.1 SUBJECT/RECOMMENDATION: Confirm COVID-19 Emergency Proclamation and adopt Resolution 20-36. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 7/30/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9367-20 2nd rdg Agenda Date: 8/3/2020 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.2 SUBJECT/RECOMMENDATION: Adopt Ordinance 9367-20 on second reading, amending the future land use plan element of the Comprehensive plan to designate the land use for certain real properties whose post office addresses are 24323 and 24479 US Highway 19 North, all in Clearwater, Florida 33763, upon annexation into the City of Clearwater, as US 19 - Corridor (US 19 C) and Preservation (P). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 7/30/2020 Ordinance No. 9367-20 ORDINANCE NO. 9367-20 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 PROPERTIES LOCATED ON THE EAST SIDE OF US HIGHWAY 19 NORTH, APPROXIMATELY 1,315 FEET NORTH OF SUNSET POINT ROAD, WHOSE POST OFFICE ADDRESSES ARE 24323 AND 24479 US HIGHWAY 19 NORTH, ALL IN CLEARWATER, FLORIDA 33763, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS US 19 – CORRIDOR (US 19 C) AND PRESERVATION (P); 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 categories for the hereinafter described properties, upon annexation into the City of Clearwater, as follows: Property Land Use Category See attached Exhibit A for legal descriptions. US 19 – Corridor (US 19 C) and Preservation (P) (ANX2019-11026) 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 upon second reading, contingent upon approval of the land use designation by the Pinellas County Board of Commissioners, where applicable, and thirty-one (31) days after the state land planning agency notifies the City of Clearwater that the plan amendment package is complete, pursuant to section 163.3184(3)(c)4, Florida Statutes. Ordinance No. 9367-20 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTIONS ANX2019-11026: Parcel ID: 05-29-16-00000-230-0100 Address: 24323 US Highway 19 North Legal Description: The North ½ of the North 330 feet of the Southwest ¼ of the Northwest ¼ of Section 5, Township 29 South, Range 16 East, less the West 100 feet thereof deeded to the State of Florida for road purposes. Parcel ID: 05-29-16-00000-220-0500 Address: 24479 US Highway 19 North Legal Description: The South 810 feet of the Northwest ¼ of the Northwest ¼ of Section 5, Township 29 South, Range 16 East, less the West 100 feet thereof for road right-of-way. LESS AND EXCEPT the following described property: From the Southwest corner of the Northwest ¼ of the Northwest ¼ of said Section 5, run South 89°43’19” East, 100.00 feet to the Point of Beginning and the East right-of-way line of U.S. Highway 19(a 200 foot right-of-way); thence North 01°01’17” East, 578.00 feet along said right-of-way; thence 43.77 feet along the arc of a curve to the right, radius 27.64 feet, chord South 44°21’02” East, 39.34 feet; thence South 01°01’17” West, 76.00 feet; thence 110.99 feet along the arc of a curve to the left, radius 70.08 feet, chord South 44°21’01” East, 99.75 feet; thence South 89°43’19” East, 56.10 feet; thence 10.17 feet along the arc of a curve to the right, radius 6.42 feet, chord South 44°21’01” East, 9.14 feet; thence South 01°01’17” West, 24.39 feet; thence North 89°43’19” West, 21.60 feet; thence South 01°01’17” West, 336.83 feet; thence South 89°43’19” East, 74.10 feet; thence South 01°01’17” West, 35.28 feet; thence North 89°43’19” West, 214.10 feet to the Point of Beginning. Exhibit B PROPOSED FUTURE LAND USE MAP Owner(s): Southern Comfort Park, Inc. Case: ANX2019-11026 Site: 24323 & 24479 US Highway 19 North Property Size(Acres): ROW (Acres): 26.317 Land Use Zoning PIN: 05-29-16-00000-230-0100 05-29-16-00000-220-0500 From : Residential Urban (RU), Residential/Office/Retail (ROR), Recreation/Open Space (R/OS), Preservation (P) Residential Mobile Home (RMH), Commercial Parkway Atlas Page: 255A To: US 19 – Corridor (US 19 C), Preservation (P) US 19, Preservation (P) 74142 25622 46281 66678 66678 66676* 123456 678 12 1 2 1 22/04 1.65 22/02 2.71 22/05 21.56 4.73 23/01 23/02 4.73 9.66 23/03 21/00 24/07 24/08 23/04 23/05 3.39 23/06 23/13 22/06 1.54 33.76 4.23 21/03 5.85 34866 * 09072 41 42 46 47 4849 1234456 12341 12 3456 11 12 13 14 15 16 1 2 3 5 6 7 8 9 10 123456 1234 1 23456 1 2345 6 4 7 891011 12 14151718 4008340082 141516 17 6 71 567 1 1 1 2 1 1 1 1 3 2 1 1 AC(C) AC(C) AC(C) AC(C) AC(C) AC(C) AC AC(C) AC(C) AC(C) AC(C)US-19 NSUNSET POINT RD R E G E N C Y O A K S B L V D HAAS AVE I P IL I US 19-C US 19-NC RS US 19-C R/O/R R/OS R/O/R US 19-NC US 19-NC US 19-NC US 19-C 2750275024195 24275 265024479 24323 -Not to Scale--Not a Survey-Rev. 1/30/2020 LOCATION MAP Owner(s): Southern Comfort Park, Inc. Case: ANX2019-11026 Site: 24323 & 24479 US Highway 19 North Property Size(Acres): ROW (Acres): 26.317 Land Use Zoning PIN: 05-29-16-00000-230-0100 05-29-16-00000-220-0500 From : Residential Urban (RU), Residential/Office/Retail (ROR), Recreation/Open Space (R/OS), Preservation (P) Residential Mobile Home (RMH), Commercial Parkway Atlas Page: 255A To: US 19 – Corridor (US 19 C), Preservation (P) US 19, Preservation (P) US-19 NSOULE RD SUNSET POINT RD E US-19 FRONTAGE RDW US-19 FRONTAGE RDSOUTH DR UNION ST LAWSON RD McCORMICK DR WOODRING DR SECOND ST ECHANCERY LN DI A N E D R SUNSET MEADOW DR SUN DOWN DR ROBINWOOD DR FOURTH AVE S CAMDEN RD CAMDEN WAY HARBOR CIR ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 1/27/2020 AERIAL PHOTOGRAPH Owner(s): Southern Comfort Park, Inc. Case: ANX2019-11026 Site: 24323 & 24479 US Highway 19 North Property Size(Acres): ROW (Acres): 26.317 Land Use Zoning PIN: 05-29-16-00000-230-0100 05-29-16-00000-220-0500 From : Residential Urban (RU), Residential/Office/Retail (ROR), Recreation/Open Space (R/OS), Preservation (P) Residential Mobile Home (RMH), Commercial Parkway Atlas Page: 255A To: US 19 – Corridor (US 19 C), Preservation (P) US 19, Preservation (P) US-19 NUS-19 NSUNSET POINT RD SUNSET POINT RD E US-19 FRONTAGE RDE US-19 FRONTAGE RDW US-19 FRONTAGE RDW US-19 FRONTAGE RDR E G E N C Y O A K S B L V D R E G E N C Y O A K S B L V D HAAS AVE HAAS AVE SEA FRONT CT SEA FRONT CT -Not to Scale--Not a Survey-Rev. 1/28/2020 EXISTING SURROUNDING USES MAP Owner(s): Southern Comfort Park, Inc. Case: ANX2019-11026 Site: 24323 & 24479 US Highway 19 North Property Size(Acres): ROW (Acres): 26.317 Land Use Zoning PIN: 05-29-16-00000-230-0100 05-29-16-00000-220-0500 From : Residential Urban (RU), Residential/Office/Retail (ROR), Recreation/Open Space (R/OS), Preservation (P) Residential Mobile Home (RMH), Commercial Parkway Atlas Page: 255A To: US 19 – Corridor (US 19 C), Preservation (P) US 19, Preservation (P) 39780 74142 25622 46281 66678 66678 66676* 123456 4 5 78 12 1 2 1 22/04 1.65 22/02 2.71 22/05 21.56 4.73 23/01 23/02 4.73 9.66 23/03 21/00 24/07 24/08 24/09 23/04 23/05 3.39 23/06 23/13 22/06 1.54 33.76 4.23 21/03 5.85 39780 34866 * 09072 41 42 46 47 4849 12343456 12341 12 345 6 11 12 13 14 15 16 1 2 3 5 6 7 8 9 10 123456 1234 1 2345 6 1 2345 6 4 7 891011 12 14151718 1 40083141516 17 6 71 567 1 1 2 1 1 1 1 3 2 1 1 AC(C) AC(C) AC(C) AC(C) AC(C) AC(C) AC AC(C) AC(C) AC(C) AC(C)US-19 NSUNSET POINT RD R E G E N C Y O A K S B L V D HAAS AVE 27502750265024139 2413924195 24275 24479 24323 -Not to Scale--Not a Survey-Rev. 1/28/2020 Storage Mobile Home Park Commercial Vacant Vacant Assisted Living Facility Offices ANX2019-11026 Southern Comfort Park, Inc. 24323 US Highway 19 View looking east at subject property, 24323 US Highway 19. South of the subject property North of the subject property Across the street, to the west of the subject property View looking northerly along US Highway 19 View looking southerly along US Highway 19 ANX2019-11026 Southern Comfort Park, Inc. 24479 US Highway 19 View looking east at subject property, 24479 US Highway 19. South of the subject property North of the subject property Across the street, to the west of the subject property View looking northerly along US Highway 19 View looking southerly along US Highway 19 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9368-20 2nd rdg Agenda Date: 8/3/2020 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.3 SUBJECT/RECOMMENDATION: Adopt Ordinance 9368-20 on second reading, amending the Zoning Atlas of the city by zoning certain real properties whose post office addresses are 24323 and 24479 US Highway 19 North, all in Clearwater, Florida 33763, upon annexation into the City of Clearwater, as US 19 (US 19) and Preservation (P). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 7/30/2020 Ordinance No. 9368-20 ORDINANCE NO. 9368-20 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTIES LOCATED ON THE EAST SIDE OF US HIGHWAY 19 NORTH, APPROXIMATELY 1,315 FEET NORTH OF SUNSET POINT ROAD, WHOSE POST OFFICE ADDRESSES ARE 24323 AND 24479 US HIGHWAY 19 NORTH, ALL IN CLEARWATER, FLORIDA 33763, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS US 19 (US 19) AND PRESERVATION (P); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of zoning classifications as set forth in this ordinance are 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 properties located in Pinellas County, Florida, are 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. 9366-20. Property Zoning District See attached Exhibit A for legal descriptions . US 19 and Preservation (P) (ANX2019-11026) Ordinance No. 9368-20 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTIONS ANX2019-11026: Parcel ID: 05-29-16-00000-230-0100 Address: 24323 US Highway 19 North Legal Description: The North ½ of the North 330 feet of the Southwest ¼ of the Northwest ¼ of Section 5, Township 29 South, Range 16 East, less the West 100 feet thereof deeded to the State of Florida for road purposes. Parcel ID: 05-29-16-00000-220-0500 Address: 24479 US Highway 19 North Legal Description: The South 810 feet of the Northwest ¼ of the Northwest ¼ of Section 5, Township 29 South, Range 16 East, less the West 100 feet thereof for road right-of-way. LESS AND EXCEPT the following described property: From the Southwest corner of the Northwest ¼ of the Northwest ¼ of said Section 5, run South 89°43’19” East, 100.00 feet to the Point of Beginning and the East right-of-way line of U.S. Highway 19(a 200 foot right-of-way); thence North 01°01’17” East, 578.00 feet along said right-of-way; thence 43.77 feet along the arc of a curve to the right, radius 27.64 feet, chord South 44°21’02” East, 39.34 feet; thence South 01°01’17” West, 76.00 feet; thence 110.99 feet along the arc of a curve to the left, radius 70.08 feet, chord South 44°21’01” East, 99.75 feet; thence South 89°43’19” East, 56.10 feet; thence 10.17 feet along the arc of a curve to the right, radius 6.42 feet, chord South 44°21’01” East, 9.14 feet; thence South 01°01’17” West, 24.39 feet; thence North 89°43’19” West, 21.60 feet; thence South 01°01’17” West, 336.83 feet; thence South 89°43’19” East, 74.10 feet; thence South 01°01’17” West, 35.28 feet; thence North 89°43’19” West, 214.10 feet to the Point of Beginning. Exhibit B PROPOSED ZONING MAP Owner(s): Southern Comfort Park, Inc. Case: ANX2019-11026 Site: 24323 & 24479 US Highway 19 North Property Size(Acres): ROW (Acres): 26.317 Land Use Zoning PIN: 05-29-16-00000-230-0100 05-29-16-00000-220-0500 From : Residential Urban (RU), Residential/Office/Retail (ROR), Recreation/Open Space (R/OS), Preservation (P) Residential Mobile Home (RMH), Commercial Parkway Atlas Page: 255A To: US 19 – Corridor (US 19 C), Preservation (P) US 19, Preservation (P) 74142 25622 46281 66678 66678 66676* 123456 678 12 1 2 1 22/04 1.65 22/02 2.71 22/05 21.56 4.73 23/01 23/02 4.73 9.66 23/03 21/00 24/07 24/08 23/04 23/05 3.39 23/06 23/13 22/06 1.54 33.76 4.23 21/03 5.85 34866 * 09072 41 42 46 47 4849 1234456 12341 12 345 6 11 12 13 14 15 16 1 2 3 5 6 7 8 9 10 123456 123 4 123456 123456 4 7 891011 12 14151718 4008340082 141516 17 6 71 567 1 1 2 1 1 1 1 3 2 1 1 AC(C) AC(C) AC(C) AC(C) AC(C) AC(C) AC AC(C) AC(C) AC(C) AC(C)US-19 NSUNSET POINT RD R E G E N C Y OA K S B L V D HAAS AVE I PUS 19 US 19 I IRT 27502750265024195 24275 LDR OS/R MDR 24479 24323 -Not to Scale--Not a Survey-Rev. 1/28/2020 LOCATION MAP Owner(s): Southern Comfort Park, Inc. Case: ANX2019-11026 Site: 24323 & 24479 US Highway 19 North Property Size(Acres): ROW (Acres): 26.317 Land Use Zoning PIN: 05-29-16-00000-230-0100 05-29-16-00000-220-0500 From : Residential Urban (RU), Residential/Office/Retail (ROR), Recreation/Open Space (R/OS), Preservation (P) Residential Mobile Home (RMH), Commercial Parkway Atlas Page: 255A To: US 19 – Corridor (US 19 C), Preservation (P) US 19, Preservation (P) US-19 NSOULE RD SUNSET POINT RD E US-19 FRONTAGE RDW US-19 FRONTAGE RDSOUTH DR UNION ST LAWSON RD McCORMICK DR WOODRING DR SECOND ST ECHANCERY LN DI A N E D R SUNSET MEADOW DR SUN DOWN DR ROBINWOOD DR FOURTH AVE S CAMDEN RD CAMDEN WAY HARBOR CIR ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 1/27/2020 AERIAL PHOTOGRAPH Owner(s): Southern Comfort Park, Inc. Case: ANX2019-11026 Site: 24323 & 24479 US Highway 19 North Property Size(Acres): ROW (Acres): 26.317 Land Use Zoning PIN: 05-29-16-00000-230-0100 05-29-16-00000-220-0500 From : Residential Urban (RU), Residential/Office/Retail (ROR), Recreation/Open Space (R/OS), Preservation (P) Residential Mobile Home (RMH), Commercial Parkway Atlas Page: 255A To: US 19 – Corridor (US 19 C), Preservation (P) US 19, Preservation (P) US-19 NUS-19 NSUNSET POINT RD SUNSET POINT RD E US-19 FRONTAGE RDE US-19 FRONTAGE RDW US-19 FRONTAGE RDW US-19 FRONTAGE RDR E G E N C Y O A K S B L V D R E G E N C Y O A K S B L V D HAAS AVE HAAS AVE SEA FRONT CT SEA FRONT CT -Not to Scale--Not a Survey-Rev. 1/28/2020 EXISTING SURROUNDING USES MAP Owner(s): Southern Comfort Park, Inc. Case: ANX2019-11026 Site: 24323 & 24479 US Highway 19 North Property Size(Acres): ROW (Acres): 26.317 Land Use Zoning PIN: 05-29-16-00000-230-0100 05-29-16-00000-220-0500 From : Residential Urban (RU), Residential/Office/Retail (ROR), Recreation/Open Space (R/OS), Preservation (P) Residential Mobile Home (RMH), Commercial Parkway Atlas Page: 255A To: US 19 – Corridor (US 19 C), Preservation (P) US 19, Preservation (P) 39780 74142 25622 46281 66678 66678 66676* 123456 4 5 78 12 1 2 1 22/04 1.65 22/02 2.71 22/05 21.56 4.73 23/01 23/02 4.73 9.66 23/03 21/00 24/07 24/08 24/09 23/04 23/05 3.39 23/06 23/13 22/06 1.54 33.76 4.23 21/03 5.85 39780 34866 * 09072 41 42 46 47 4849 12343456 12341 12 345 6 11 12 13 14 15 16 1 2 3 5 6 7 8 9 10 123456 1234 1 2345 6 1 2345 6 4 7 891011 12 14151718 1 40083141516 17 6 71 567 1 1 2 1 1 1 1 3 2 1 1 AC(C) AC(C) AC(C) AC(C) AC(C) AC(C) AC AC(C) AC(C) AC(C) AC(C)US-19 NSUNSET POINT RD R E G E N C Y O A K S B L V D HAAS AVE 27502750265024139 2413924195 24275 24479 24323 -Not to Scale--Not a Survey-Rev. 1/28/2020 Storage Mobile Home Park Commercial Vacant Vacant Assisted Living Facility Offices ANX2019-11026 Southern Comfort Park, Inc. 24323 US Highway 19 View looking east at subject property, 24323 US Highway 19. South of the subject property North of the subject property Across the street, to the west of the subject property View looking northerly along US Highway 19 View looking southerly along US Highway 19 ANX2019-11026 Southern Comfort Park, Inc. 24479 US Highway 19 View looking east at subject property, 24479 US Highway 19. South of the subject property North of the subject property Across the street, to the west of the subject property View looking northerly along US Highway 19 View looking southerly along US Highway 19 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9387-20 2nd rdg Agenda Date: 8/3/2020 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.4 SUBJECT/RECOMMENDATION: Adopt Ordinance 9387-20 on second reading, amending the Community Development Code Sections 3-1202.G, 3-1401.C, 3-2103, and Appendix B. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 7/30/2020 8 Ordinance No. 9387-20 9 Ordinance No. 9387-20 10 Ordinance No. 9387-20 11 Ordinance No. 9387-20 12 Ordinance No. 9387-20 13 Ordinance No. 9387-20 PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: June 16, 2020 AGENDA ITEM: F.1. CASE: TA2020-03003 ORDINANCE NO.: 9387-20 REQUEST: To amend the City of Clearwater’s Community Development Code to modify the comprehensive landscaping program, parking demand study, and temporary uses sections and to amend Appendix B US 19 Zoning District and Development Standards general provisions, regulating plan, and flexibility divisions INITIATED BY: City of Clearwater, Planning and Development Department BACKGROUND: Proposed Ordinance 9387-20 represents the first substantive city-initiated update to the US 19 Zoning District and Development Standards (Appendix B of the Community Development Code) since it was adopted in February 2017. To date, one minor amendment was approved to incorporate references to medical marijuana treatment centers and dispensing facilities (2017) consistent with state legislation passed that same year, and two applicant-initiated amendments were approved to allow self-storage warehouses within the US 19 Regional Center on certain parcels within the District (2018 and 2019). Since the adoption of the US 19 District, the city has processed permits for renovations of existing buildings, changes of use, and redevelopment projects of various scales including new drive-through restaurants and several large attached dwelling projects. This has allowed staff to assess the standards and the city’s goals for the US 19 District. Proposed Ordinance 9387-20 is primarily focused on sections of the US 19 District and Development Standards addressing development exemptions and flexibility. It also updates the Regulating Plan maps to depict the location of key corners and to change the designated Frontage Type for one right-of-way. Staff has identified additional modifications to the development standards pertaining to the frontage, Planning & Development Department Community Development Code Text Amendment Long Range Planning Division Revised for City Council First Reading – July 16, 2020 Community Development Board – June 16, 2020 TA2020-03003 – Page 2 site design, and building design standards which will be brought forward at a later date for City Council consideration. ANALYSIS: The proposed amendments address Division 1. General Provisions, Division 2. Regulating Plan, and Division 7. Flexibility within Appendix B, as well as certain changes to include the US 19 District within the Temporary Uses and Comprehensive Landscape Program sections of the Community Development Code, and to Parking Demand Study methodology approvals, as described below. Section 3-1202.G. Comprehensive Landscaping Program (Pages 2-3 of the Ordinance): The proposed amendment allows for the use of the Comprehensive Landscaping Program in the US 19 District where currently its use is not permitted. Adding the proposed criterion provides for potential flexibility in meeting required landscaping on sites where creative solutions are helpful and appropriate, but would not allow the program to be used to reduce pedestrian and landscape improvements required along frontages in the US 19 District. Section 3-1401.C Parking Demand Study (Page 3 of the Ordinance): The proposed amendment establishes City Engineer approval of parking demand study methodology prior to commencement of such a study being used to support a request for flexibility. Section 3-2103 Temporary Uses (Pages 3-4 of the Ordinance): This section of the Community Development Code provides governance for the various temporary uses permitted in the City, and specifically outlines in which Districts they may be allowed. In 2017 when the US 19 District was established, this section of the Code was inadvertently overlooked. This proposed amendment clarifies which temporary uses would be permitted within the US 19 District – primarily those which are allowed in the Commercial (C) District as well as those which apply to residential uses such as block or neighborhood parties or garage sales. Appendix B, Division 1. Section B-103 Organization of Standards and Section B-104 Applicability of Development Standards (as proposed to be renamed) (Pages 4-7 of the Ordinance): Section B-103 Organization of Standards provides an overview of the various components of the US 19 Zoning District and Development Standards. Subsequent to the adoption of this District, the city developed new standards for its Downtown (D) District modeled after the US 19 District. Planning & Development Department Community Development Code Text Amendment Long Range Planning Division Revised for City Council First Reading – July 16, 2020 Community Development Board – June 16, 2020 TA2020-03003 – Page 3 Certain terminology and organizational changes were made at that time based on staff’s experience to date implementing the US 19 standards, and the proposed amendments bring consistency between the two Districts. Section B-104 Applicability of Development Standards establishes certain situations in which development projects may be exempt from all or portions of the District’s standards. Many of the proposed amendments in this section incorporate descriptions of referenced Code sections and other minor modifications for consistency between Districts as previously stated. Additionally, state statutes governing mobile home parks allow for the application of those standards which were in place at the time of park approval to continue to apply; therefore, this reference is proposed to be added. Several of the development applications and permits approved thus far within the US 19 District utilized the provisions for Improvement, Remodel or Reconstruction projects (B-104.C.6), generally referred to as the “25% rule”. Such projects that do not exceed 25% of the total assessed building value as reflected in the Property Appraiser’s current records at the time of application are exempt from the US 19 District and Development Standards; however, the proposed Ordinance would establish that any new floor area must comply with the setbacks established in Division 4 “… to the greatest extent practicable as determined by the Community Development Coordinator” (i.e., the Director of Planning and Development). This allows for continued reinvestment in existing structures while furthering the transition over time towards compliance with the setbacks which apply to new construction in the District. This same language is proposed for projects which exceed 25% of the total assessed value, and to new floor area for internal buildings and additions 200+ feet back from US 19. Appendix B, Division 2. Regulating Plan (Pages 7-13 of the Ordinance): Development within the US 19 District is regulated by subdistrict and street frontage type, both of which are depicted on a series of maps called the Regulating Plan (Figure 1). Additionally, several “key corners” are established which are required to have active uses and meet minimum height requirements. These key corners are not currently depicted on the Regulating Plan, but are listed within Appendix B, Division 3. Proposed Ordinance 9387-20 updates Figure 1. Regulating Plan to depict the key corners on the maps. Additionally, this ordinance proposes to amend the designated Street Frontage Type from B to D for Proposed Change to Street Frontage Type Planning & Development Department Community Development Code Text Amendment Long Range Planning Division Revised for City Council First Reading – July 16, 2020 Community Development Board – June 16, 2020 TA2020-03003 – Page 4 properties on the east and west side of an unnamed right-of-way located on the south side of Drew Street, approximately 140 feet west of US 19 (see inset map). The proposed change would apply to the eastern side of the Campus Walk retail plaza located at 2551 and 2571 Drew Street and the western side of the FDOT stormwater pond located at the southwest corner of Drew Street and US 19. Parcel boundaries show this right-of-way connects Drew Street to US 19; however, access was removed years ago when FDOT installed the stormwater pond located on the southwest corner of US 19 and Drew Street (east side of this right-of-way). Street Frontage Type B applies to parcels with frontage on US 19 and Street Frontage Type D is applied to areas not directly abutting US 19 or the major cross streets. Therefore, Street Frontage Type D is an appropriate designation for these parcels. Appendix B, Division 7. Flexibility (Pages 14-16 of the Ordinance) Where flexibility to US 19 District standards is permitted, it is defined within Appendix B, Division 7. The establishment of flexibility was deliberate and limited because this is a form- based code designed to create a predictable and consistent pattern of development as properties redevelop. In addition to some minor organizational changes and additional descriptions, similar to what is proposed in the previously discussed divisions, this ordinance proposes the following: • Establish new flexibility provision for parking to allow additional reductions to required parking beyond those possible through the parking reduction factors outlined in Table 3 based on the provision of a parking demand study • Modify flexibility for building setbacks, as established in Division 4. Street Frontage Standards, to allow for front setbacks less than the minimum required in Division 4 for lots that have various constraints such as irregular shapes or natural features which make it difficult to meet the required setbacks; limits size reductions to walkways to 20% and requires a Comprehensive Landscape Program application to reduce any required landscape areas • Modify flexibility for Special Project Types with “employment intensive land uses” to reduce the acreage threshold from 10 acres to 5 acres CRITERIA FOR TEXT AMENDMENTS: CDC Section 4-601 sets forth the procedures and criteria for reviewing text amendments. All text amendments must comply with the following: 1. The proposed amendment is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan. A review of the Clearwater Comprehensive Plan identified the following goals, objectives and policies which will be furthered by the proposed Code amendments: Planning & Development Department Community Development Code Text Amendment Long Range Planning Division Revised for City Council First Reading – July 16, 2020 Community Development Board – June 16, 2020 TA2020-03003 – Page 5 Objective A.5.5 Promote high quality design standards that support Clearwater’s image and contribute to its identity. Policy A.5.5.6 Implement design standards for US Highway 19, which has transitioned from a roadway providing land access to a controlled access highway with ramps that are located less than two miles apart. Such standards should allow for higher intensities and a mix of land uses to allow for greater employment opportunities along the corridor, while improving accessibility and safety for cars, people and bicycles. Policy A.6.1.6 Land use decisions in Clearwater shall support the expansion of economic opportunity, the creation of jobs and training opportunities as well as the maintenance of existing industries through establishment of enterprise zones, activity centers and redevelopment areas and by coordination with the Chamber of Commerce, Tourist Development Council and other economic development organizations and agencies. Policy A.6.1.11 US Highway 19 is recognized on the Countywide Plan Map as a Multimodal Corridor (MMC), with major intersections designated as Activity Center (AC). The applicable Multimodal Corridor and Activity Center subcategories are shown on the Transit-Oriented Land Use Vision Map within the Countywide Plan Strategies. Policy A.6.1.12 Redevelopment of US Highway 19 shall be encouraged through the establishment of development standards which implement the Planning and Urban Design Principles within the Countywide Plan Strategies by allowing for more intense development while also promoting more employment-intensive, transit- and pedestrian-supportive development, establish mixed-use destinations and providing safe and attractive settings for working, living and shopping. These standards should: a. Concentrate office and other employment-intensive uses in places with easy access to US 19; b. Provide for retail, entertainment and other uses that serve the needs of surrounding neighborhoods; c. Promote high-intensity uses in close proximity to potential or planned transit routes; d. Lessen demands on local and regional street network by maximizing opportunities for the localization of work, shopping and leisure trips; e. Support shared parking and “park once” trips; Planning & Development Department Community Development Code Text Amendment Long Range Planning Division Revised for City Council First Reading – July 16, 2020 Community Development Board – June 16, 2020 TA2020-03003 – Page 6 f. Promote active lifestyles by encouraging walking and biking as convenient alternatives to automobile travel; and g. Contribute to street-level pedestrian activity and the informal surveillance of public spaces. Objective A.6.2 The City of Clearwater shall continue to support innovative planned development and mixed land use development techniques in order to promote infill development that is consistent and compatible with the surrounding environment. The City’s Comprehensive Plan has always incorporated policies related to the need for redevelopment and expansion of economic opportunities within the city. The establishment of the US 19 Zoning District and Development Standards in 2017 was a critical step in supporting these economic goals while creating a corridor that has a cohesive design and form as it redevelops. Many of the proposed changes are minor and intended to provide clarity for those using the US 19 Code. The proposed allowance of the use of the Comprehensive Landscape Program within the US 19 District further supports Objective A.6.2 by continuing to support development while ensuring high quality landscape designs and solutions. The proposed addition of flexibility to further reduce required parking and the reduced threshold for parcel size for special project types with employment-intensive land uses further the District’s goals of creating “more employment-intensive, transit- and pedestrian-supportive development, establish mixed-use destinations and providing safe and attractive settings for working, living and shopping.” Overall, the goals, objectives and policies of the Comprehensive Plan will be furthered by Ordinance 9387-20. 2. The proposed amendment furthers the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendment will further the purposes of the CDC in that it will be consistent with the following purposes set forth in CDC Section 1-103: Sec. 1-103.A. It is the purpose of this Development Code to implement the Comprehensive Plan of the city; to promote the health, safety, general welfare and quality of life in the city; to guide the orderly growth and development of the city; to establish rules of procedure for land development approvals; to enhance the character of the city and the preservation of neighborhoods; and to enhance the quality of life of all residents and property owners of the city. Sec. 1-103.B.1. Allowing property owners to enhance the value of their property through innovative and creative redevelopment. Planning & Development Department Community Development Code Text Amendment Long Range Planning Division Revised for City Council First Reading – July 16, 2020 Community Development Board – June 16, 2020 TA2020-03003 – Page 7 Sec. 1-103.E.2. Protect the character and the social and economic stability of all parts of the city through the establishment of reasonable standards which encourage the orderly and beneficial development of land within the city. The amendments proposed by this ordinance will further the above referenced purposes of the Community Development Code by implementing the aforementioned goals, objectives and policies of the Comprehensive Plan; by providing additional flexibility and clarity for property owners wanting to enhance their values through redevelopment; and by clarifying and establishing reasonable standards which encourage orderly development. As such, proposed Ordinance 9387-20 furthers the purposes in the CDC. SUMMARY AND RECOMMENDATION: The proposed amendment to the Community Development Code is consistent with and will further the goals of the Clearwater Comprehensive Plan and the purposes of the Community Development Code. Based upon the above, the Planning and Development Department recommends APPROVAL of Ordinance No. 9387-20 that amends the Community Development Code. Prepared by Planning and Development Department Staff: ___________________________ Lauren Matzke, AICP Planning and Development Assistant Director ATTACHMENTS: Ordinance No. 9387-20 Resume 8 Ordinance No. 9387-20 9 Ordinance No. 9387-20 10 Ordinance No. 9387-20 11 Ordinance No. 9387-20 12 Ordinance No. 9387-20 13 Ordinance No. 9387-20 8 Ordinance No. 9387-20 9 Ordinance No. 9387-20 10 Ordinance No. 9387-20 11 Ordinance No. 9387-20 12 Ordinance No. 9387-20 13 Ordinance No. 9387-20 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9391-20 2nd rdg Agenda Date: 8/3/2020 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.5 SUBJECT/RECOMMENDATION: Adopt Ordinance 9391-20 on second reading, annexing certain real property whose post office address is 1704 Lucas Drive, 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 7/30/2020 Ordinance No. 9391-20 ORDINANCE NO. 9391-20 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF LUCAS DRIVE, APPROXIMATELY 130 FEET NORTH OF SR 590, WHOSE POST OFFICE ADDRESS IS 1704 LUCAS DRIVE, 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 A have petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, 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: Lot 2, Block 6, Virginia Grove Terrace Third Addition, according to the plat thereof as recorded in Plat Book 37, Page 74, Public Records of Pinellas County, Florida. (ANX2020-04004) The map attached as Exhibit A 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. 9391-20 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 9439294374943567 6 6 5 5 4 4 5 61 1 1 SR 590 OWEN DR KUMQUAT DR EVANS DR LUCAS DR GROVE DR THOMAS DR SHADDOCK DR WEST VIRGINIA LN PINEAPPLE LN 1712 274227482729273927432749275927552765275427602766273027321655 27201717 272327002712274827421707 1539 1704 1721 1508 1732 1733 27601720 1619 1701 1705 27541708 27591700 1716 1734 1728 1573 1716 27711733 1736 1742 27131712 1600 1705 27351591 1728 1704 1724 272627651718 1725 1719 1709 1517 1733 1717 27291520 1729 1720 27301513 1700 1701 1691 1733 1736 1729 1732 1716 1725 1737 1602 1725 1718 1705 1730 27531706 17211721 1512 27381504 1732 1720 1516 1712 1637 1713 1510 1743 1604 1724 1506 1704 27601512 1521 17161717 1729 274127471715 1701 1712 27661673 1712 27221701 572 172 17281728 1502 171 1704 1724 173 1736 1654 170 1724 1736 172 1618 1724 1636 1708 172 27531680 1670 590 171 170-Not to Scale--Not a Survey-Rev. 5/12/2020 PROPOSED ANNEXATION Owner(s): Nancy K. Schneider & Susan E. Krause Case: ANX2020-04004 Site: 1704 Lucas Drive Property Size(Acres): ROW (Acres): 0.191 Land Use Zoning PIN: 05-29-16-94374-006-0020 From : Residential Low (RL) R-3, Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) US-19 NSR 590 OWEN DR E US-19 FRONTAGE RDW US-19 FRONTAGE RDEVANS DR MORNINGSIDE DR LUCAS DR GROVE DR AUDREY DR THOMAS DR N TERRACE DR CARDINAL DR EL TRINDAD DR EKUMQUAT DR CALAMONDIN LN WEST VIRGINIA LN AVOCADO DR SHADDOCK DR PINEAPPLE LN DIANE DR MARILYN DR COUNTRY LN WCARLTON DR N TERRACE DR COACHMAN PLAZA DR AUDREY DR OWEN DR CARDINAL DR ^PROJECT SITE -Not to Scale--Not a Survey-Rev. 5/12/2020 LOCATION MAP Owner(s): Nancy K. Schneider & Susan E. Krause Case: ANX2020-04004 Site: 1704 Lucas Drive Property Size(Acres): ROW (Acres): 0.191 Land Use Zoning PIN: 05-29-16-94374-006-0020 From : Residential Low (RL) R-3, Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) SR 590 SR 590 OWEN DR OWEN DR KUMQUAT DR KUMQUAT DR EVANS DR EVANS DR LUCAS DR LUCAS DR GROVE DR GROVE DR THOMAS DR THOMAS DR SHADDOCK DR SHADDOCK DR WEST VIRGINIA LN WEST VIRGINIA LN PINEAPPLE LN PINEAPPLE LN -Not to Scale--Not a Survey-Rev. 5/12/2020 AERIAL PHOTOGRAPH Owner(s): Nancy K. Schneider & Susan E. Krause Case: ANX2020-04004 Site: 1704 Lucas Drive Property Size(Acres): ROW (Acres): 0.191 Land Use Zoning PIN: 05-29-16-94374-006-0020 From : Residential Low (RL) R-3, Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) 9439294374943567 6 6 5 5 4 4 5 61 1 1 SR 590 OWEN DR KUMQUAT DR EVANS DR LUCAS DR GROVE DR THOMAS DR SHADDOCK DR WEST VIRGINIA LN PINEAPPLE LN 1712 274227482729273927432749275927552765275427602766273027321655 27201717 272327002712274827421707 1539 1704 1721 1508 1732 1733 27601720 1619 1701 1705 27541708 27591700 1716 1734 1728 1573 1716 27711733 1736 1742 27131712 1600 1705 27351591 1728 1704 1724 272627651718 1725 1719 1709 1517 1733 1717 27291520 1729 1720 27301513 1700 1701 1691 1733 1736 1729 1732 1716 1725 1737 1602 1725 1718 1705 1730 27531706 17211721 1512 27381504 1732 1720 1516 1712 1637 1713 1510 1743 1604 1724 1506 1704 27601512 1521 17161717 1729 274127471715 1701 1712 27661673 1712 27221701 572 172 17281728 1502 171 1704 1724 173 1736 1654 170 1724 1736 172 1618 1724 1636 1708 172 27531680 1670 590 171 170-Not to Scale--Not a Survey-Rev. 5/12/2020 EXISTING SURROUNDING USES MAP Owner(s): Nancy K. Schneider & Susan E. Krause Case: ANX2020-04004 Site: 1704 Lucas Drive Property Size(Acres): ROW (Acres): 0.191 Land Use Zoning PIN: 05-29-16-94374-006-0020 From : Residential Low (RL) R-3, Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential ANX2020-04004 Nancy K. Schneider & Susan E. Krause 1704 Lucas Drive View looking west at subject property, 1704 Lucas Drive South of subject property North of subject property East of subject property, across Lucas Drive View looking northerly along Lucas Drive View looking southerly along Lucas Drive Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9392-20 2nd rdg Agenda Date: 8/3/2020 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.6 SUBJECT/RECOMMENDATION: Adopt Ordinance 9392-20 on second reading, amending the future land use plan element of the Comprehensive Plan to designate the land use for certain real property whose post office address is 1704 Lucas Drive, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Low (RL). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 7/30/2020 Ordinance No. 9392-20 ORDINANCE NO. 9392-20 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 ON THE WEST SIDE OF LUCAS DRIVE, APPROXIMATELY 130 FEET NORTH OF SR 590, WHOSE POST OFFICE ADDRESS IS 1704 LUCAS DRIVE, CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); 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 Lot 2, Block 6, Virginia Grove Terrace Third Addition, according to the plat thereof as recorded in Plat Book 37, Page 74, Public Records of Pinellas County, Florida. Residential Low (RL) (ANX2020-04004) The map attached as Exhibit A 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. 9391-20. Ordinance No. 9392-20 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 9439294374943567 6 6 5 5 4 4 5 61 1 1 RL RLRLRL RL RU RLRLRL RL RL P SR 590 OWEN DR KUMQUAT DR EVANS DR LUCAS DR GROVE DR THOMAS DR SHADDOCK DR WEST VIRGINIA LN PINEAPPLE LN 1712 274227482729273927432749275927552765275427602766273027321655 27201717 272327002712274827421707 1539 1704 1721 1728 1508 1728 1732 1733 27601720 1701 1705 27541708 27591700 1734 1728 1573 1716 27711733 1736 1742 27131712 1600 1705 27351591 1728 1704 1654 1724 272627651725 1709 1517 1733 1717 27291520 1729 1720 27301513 1700 1701 1691 1733 1736 1729 1732 1716 1725 1737 1618 1602 1725 1718 1705 1730 27531706 17211721 1512 27381504 1732 1720 1636 1516 17081712 1637 1713 1510 1743 1604 27531506 1704 27601521 17161717 1670 1729 1590 274127471715 1701 1712 27661673 1712 27221701 1572 1721 1619 1716 1502 1713 1704 1724 1733 1736 1705 1718 1719 1724 1736 1725 1724 1729 1724 1512 1680 1717 1709-Not to Scale--Not a Survey-Rev. 5/12/2020 PROPOSED FUTURE LAND USE MAP Owner(s): Nancy K. Schneider & Susan E. Krause Case: ANX2020-04004 Site: 1704 Lucas Drive Property Size(Acres): ROW (Acres): 0.191 Land Use Zoning PIN: 05-29-16-94374-006-0020 From : Residential Low (RL) R-3, Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) US-19 NSR 590 OWEN DR E US-19 FRONTAGE RDW US-19 FRONTAGE RDEVANS DR MORNINGSIDE DR LUCAS DR GROVE DR AUDREY DR THOMAS DR N TERRACE DR CARDINAL DR EL TRINDAD DR EKUMQUAT DR CALAMONDIN LN WEST VIRGINIA LN AVOCADO DR SHADDOCK DR PINEAPPLE LN DIANE DR MARILYN DR COUNTRY LN WCARLTON DR N TERRACE DR COACHMAN PLAZA DR AUDREY DR OWEN DR CARDINAL DR ^PROJECT SITE -Not to Scale--Not a Survey-Rev. 5/12/2020 LOCATION MAP Owner(s): Nancy K. Schneider & Susan E. Krause Case: ANX2020-04004 Site: 1704 Lucas Drive Property Size(Acres): ROW (Acres): 0.191 Land Use Zoning PIN: 05-29-16-94374-006-0020 From : Residential Low (RL) R-3, Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) SR 590 SR 590 OWEN DR OWEN DR KUMQUAT DR KUMQUAT DR EVANS DR EVANS DR LUCAS DR LUCAS DR GROVE DR GROVE DR THOMAS DR THOMAS DR SHADDOCK DR SHADDOCK DR WEST VIRGINIA LN WEST VIRGINIA LN PINEAPPLE LN PINEAPPLE LN -Not to Scale--Not a Survey-Rev. 5/12/2020 AERIAL PHOTOGRAPH Owner(s): Nancy K. Schneider & Susan E. Krause Case: ANX2020-04004 Site: 1704 Lucas Drive Property Size(Acres): ROW (Acres): 0.191 Land Use Zoning PIN: 05-29-16-94374-006-0020 From : Residential Low (RL) R-3, Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) 9439294374943567 6 6 5 5 4 4 5 61 1 1 SR 590 OWEN DR KUMQUAT DR EVANS DR LUCAS DR GROVE DR THOMAS DR SHADDOCK DR WEST VIRGINIA LN PINEAPPLE LN 1712 274227482729273927432749275927552765275427602766273027321655 27201717 272327002712274827421707 1539 1704 1721 1508 1732 1733 27601720 1619 1701 1705 27541708 27591700 1716 1734 1728 1573 1716 27711733 1736 1742 27131712 1600 1705 27351591 1728 1704 1724 272627651718 1725 1719 1709 1517 1733 1717 27291520 1729 1720 27301513 1700 1701 1691 1733 1736 1729 1732 1716 1725 1737 1602 1725 1718 1705 1730 27531706 17211721 1512 27381504 1732 1720 1516 1712 1637 1713 1510 1743 1604 1724 1506 1704 27601512 1521 17161717 1729 274127471715 1701 1712 27661673 1712 27221701 572 172 17281728 1502 171 1704 1724 173 1736 1654 170 1724 1736 172 1618 1724 1636 1708 172 27531680 1670 590 171 170-Not to Scale--Not a Survey-Rev. 5/12/2020 EXISTING SURROUNDING USES MAP Owner(s): Nancy K. Schneider & Susan E. Krause Case: ANX2020-04004 Site: 1704 Lucas Drive Property Size(Acres): ROW (Acres): 0.191 Land Use Zoning PIN: 05-29-16-94374-006-0020 From : Residential Low (RL) R-3, Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential ANX2020-04004 Nancy K. Schneider & Susan E. Krause 1704 Lucas Drive View looking west at subject property, 1704 Lucas Drive South of subject property North of subject property East of subject property, across Lucas Drive View looking northerly along Lucas Drive View looking southerly along Lucas Drive Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9393-20 2nd rdg Agenda Date: 8/3/2020 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.7 SUBJECT/RECOMMENDATION: Adopt Ordinance 9393-20 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1704 Lucas Drive, 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 7/30/2020 Ordinance No. 9393-20 ORDINANCE NO. 9393-20 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF LUCAS DRIVE, APPROXIMATELY 130 FEET NORTH OF SR 590, WHOSE POST OFFICE ADDRESS IS 1704 LUCAS DRIVE, 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 A 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. 9391-20. Property Zoning District Lot 2, Block 6, Virginia Grove Terrace Third Addition, according to the plat thereof as recorded in Plat Book 37, Page 74, Public Records of Pinellas County, Florida. Low Medium Density Residential (LMDR) (ANX2020-04004) Ordinance No. 9393-20 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 9439294374943567 6 6 5 5 4 4 5 61 1 1 SR 590 OWEN DR KUMQUAT DR EVANS DR LUCAS DR GROVE DR THOMAS DR SHADDOCK DR WEST VIRGINIA LN PINEAPPLE LN LMDR LDR 1712 274227482729273927432749275927552765275427602766273027321655 27201717 272327002712274827421707 1539 1704 1721 1508 1732 1733 27601720 1619 1701 1705 27541708 27591700 1716 1734 1728 1573 1716 27711733 1736 1742 27131712 1600 1705 27351728 1704 1724 272627651718 1725 1719 1709 1517 1733 1717 27291520 1729 1720 27301513 1700 1701 1691 1733 1736 1729 1732 1716 1725 1737 1602 1725 1718 1705 1730 27531706 17211721 1512 27381504 1732 1720 1516 1712 1637 1713 1510 1743 1604 1724 1506 1704 27601512 1521 17161717 1729 274127471715 1701 27661673 1712 27221701 LMDRLMDR MDR MDR P P 572 172 17281728 1502 171 1704 1724 173 1736 1591 1654 170 1724 1736 172 1618 1724 1636 1708 172 27531680 1670 590 171 170 1712 -Not to Scale--Not a Survey-Rev. 5/12/2020 PROPOSED ZONING MAP Owner(s): Nancy K. Schneider & Susan E. Krause Case: ANX2020-04004 Site: 1704 Lucas Drive Property Size(Acres): ROW (Acres): 0.191 Land Use Zoning PIN: 05-29-16-94374-006-0020 From : Residential Low (RL) R-3, Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) US-19 NSR 590 OWEN DR E US-19 FRONTAGE RDW US-19 FRONTAGE RDEVANS DR MORNINGSIDE DR LUCAS DR GROVE DR AUDREY DR THOMAS DR N TERRACE DR CARDINAL DR EL TRINDAD DR EKUMQUAT DR CALAMONDIN LN WEST VIRGINIA LN AVOCADO DR SHADDOCK DR PINEAPPLE LN DIANE DR MARILYN DR COUNTRY LN WCARLTON DR N TERRACE DR COACHMAN PLAZA DR AUDREY DR OWEN DR CARDINAL DR ^PROJECT SITE -Not to Scale--Not a Survey-Rev. 5/12/2020 LOCATION MAP Owner(s): Nancy K. Schneider & Susan E. Krause Case: ANX2020-04004 Site: 1704 Lucas Drive Property Size(Acres): ROW (Acres): 0.191 Land Use Zoning PIN: 05-29-16-94374-006-0020 From : Residential Low (RL) R-3, Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) SR 590 SR 590 OWEN DR OWEN DR KUMQUAT DR KUMQUAT DR EVANS DR EVANS DR LUCAS DR LUCAS DR GROVE DR GROVE DR THOMAS DR THOMAS DR SHADDOCK DR SHADDOCK DR WEST VIRGINIA LN WEST VIRGINIA LN PINEAPPLE LN PINEAPPLE LN -Not to Scale--Not a Survey-Rev. 5/12/2020 AERIAL PHOTOGRAPH Owner(s): Nancy K. Schneider & Susan E. Krause Case: ANX2020-04004 Site: 1704 Lucas Drive Property Size(Acres): ROW (Acres): 0.191 Land Use Zoning PIN: 05-29-16-94374-006-0020 From : Residential Low (RL) R-3, Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) 9439294374943567 6 6 5 5 4 4 5 61 1 1 SR 590 OWEN DR KUMQUAT DR EVANS DR LUCAS DR GROVE DR THOMAS DR SHADDOCK DR WEST VIRGINIA LN PINEAPPLE LN 1712 274227482729273927432749275927552765275427602766273027321655 27201717 272327002712274827421707 1539 1704 1721 1508 1732 1733 27601720 1619 1701 1705 27541708 27591700 1716 1734 1728 1573 1716 27711733 1736 1742 27131712 1600 1705 27351591 1728 1704 1724 272627651718 1725 1719 1709 1517 1733 1717 27291520 1729 1720 27301513 1700 1701 1691 1733 1736 1729 1732 1716 1725 1737 1602 1725 1718 1705 1730 27531706 17211721 1512 27381504 1732 1720 1516 1712 1637 1713 1510 1743 1604 1724 1506 1704 27601512 1521 17161717 1729 274127471715 1701 1712 27661673 1712 27221701 572 172 17281728 1502 171 1704 1724 173 1736 1654 170 1724 1736 172 1618 1724 1636 1708 172 27531680 1670 590 171 170-Not to Scale--Not a Survey-Rev. 5/12/2020 EXISTING SURROUNDING USES MAP Owner(s): Nancy K. Schneider & Susan E. Krause Case: ANX2020-04004 Site: 1704 Lucas Drive Property Size(Acres): ROW (Acres): 0.191 Land Use Zoning PIN: 05-29-16-94374-006-0020 From : Residential Low (RL) R-3, Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential ANX2020-04004 Nancy K. Schneider & Susan E. Krause 1704 Lucas Drive View looking west at subject property, 1704 Lucas Drive South of subject property North of subject property East of subject property, across Lucas Drive View looking northerly along Lucas Drive View looking southerly along Lucas Drive Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8087 Agenda Date: 8/3/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 11.1 SUBJECT/RECOMMENDATION: Designate a Councilmember to serve as the City’s official voting delegate at the Florida League of Cities’ Annual Conference, August 14, 2020. SUMMARY: The Florida League of Cities is hosting their annual conference on August 13 -14 via Zoom. The League is asking each municipality to designate one official to be the voting delegate at the Annual Business Session on Friday, August 14 at 2:00 p.m. Election of League leadership and adoption of resolutions are undertaken at the business meeting. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 7/30/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8054 Agenda Date: 8/3/2020 Status: Agenda ReadyVersion: 1 File Type: Council Discussion Item In Control: Council Work Session Agenda Number: 13.1 SUBJECT/RECOMMENDATION: PSTA Update - Vice Mayor Allbritton SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 7/30/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8055 Agenda Date: 8/3/2020 Status: Agenda ReadyVersion: 1 File Type: Council Discussion Item In Control: Council Work Session Agenda Number: 13.2 SUBJECT/RECOMMENDATION: Mooring Mishaps in Mandalay Channel, Clearwater - Vice Mayor Allbritton SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 7/30/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8092 Agenda Date: 8/3/2020 Status: Agenda ReadyVersion: 1 File Type: Council Discussion Item In Control: Council Work Session Agenda Number: 13.3 SUBJECT/RECOMMENDATION: Council Response to Citizens who want to meet with everyone - Mayor Hibbard SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 7/30/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8074 Agenda Date: 8/3/2020 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 17.1 SUBJECT/RECOMMENDATION: Diversity Leadership Council Poster Presentation - Tabitha Green, Library and Karla Deas, Planning and Development SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 7/30/2020 | 1 CITY OF CLEARWATER 2020 Diversity Leadership Council Poster Contest Age Group 5 - 8 3rd Place, Age 5-8: Emerson Davis, 6 “Animal Garden” 2nd Place, Age 5-8: Jaxon Schaub, 8 “Color Chain” 1st Place, Age 5-8: Lennon Varella, 7 “Hand Land” Age Group 9 - 12 3rd Place, Age 9-12: Lia Karabinos, 12 “We All Matter” 2nd Place, Age 9 - 12: Nalla Mous, 12 “Equality and Diversity different but the same.” 1st Place, Age 9-12: Zaynah Hussein, 10 “The World is Better with Different People.” Age Group 13 & Up 3rd Place, Age 13 & Up: Estrella Irizarry, 13 2nd Place, Age 13 & Up: LaToya Mitchell, 14 “Bubble Boy” 1st Place, Age 13 & Up: Michelle Chery, 17 Grand Prize Winners 3rd Place Grand Prize Winner: Lennon Varella, 7 “Hand Land” 2nd Place Grand Prize Winner: Michelle Chery, 17 Grand Prize Winner: Zaynah Hussein, 10 “The World is Better with Different People.”