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10/01/2020Thursday, October 1, 2020 6:00 PM City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Main Library - Council Chambers City Council Meeting Agenda October 1, 2020City Council Meeting Agenda To ensure public safety and comply with the Governor's Safer at Home order in response to the COVID-19 virus, the Clearwater City Council will hold a public meeting on Thursday, October 1, 2020 at 6:00 p.m. using communications media technology. Pursuant to Executive Order No. 20-69, issued by the Office of Governor Ron DeSantis on March 20, 2020, municipalities may conduct meetings of their governing boards without having a quorum of its members present physically or at any specific location, and utilizing communications media technology such as telephonic or video conferencing, as provided by Section 120.54(5)(b)2, Florida Statutes. The meeting will be held through the Zoom platform and will be broadcast live on the city's website (https://www.myclearwater.com/government/council-meeting-streaming-videos), o n F a c e b o o k ( w w w . f a c e b o o k . c o m / c i t y o f c l e a r w a t e r ) a n d o n Y o u T u b e (www.youtube.com/myclearwater) as well as the following public access TV channels: Spectrum Channel 638, Frontier Channel 30 and WOW! Channel 15. Citizens wishing to provide comments on an agenda item are encouraged to do so in advance through written comment. The City has established the following four options to ensure public comment for a virtual meeting: 1)eComments via Granicus - eComments is integrated with the published meeting agenda. Individuals may review the agenda item details and indicate their position on the item. You will be prompted to set up a user profile to allow you to comment, which will become part of the official public record. The eComment period is open from the time the agenda is published. Comments received during the meeting will become part of the official record, if posted prior to the closing of public comment. The City Clerk will read received comments into the record. 2)Email – Individuals may submit written comments or videos to ClearwaterCouncil@myclearwater.com. All comments received by 5 p.m. the day before the meeting (September 30) will become part of the official record. The City Clerk will read received comments into the record. 3)Call-in - During the meeting individuals will be able to call in to 562-4646 and be placed on-air to speak to an individual item. 4)Council Chambers - Additionally, like any other council meeting, the public may provide public comment at the Main Library, Council Chambers, 100 N Osceola Avenue. Due to COVID-19, all speakers desiring to appear in person will be subject to all applicable emergency measures in place to prevent the further spread of COVID-19. Speakers who appear in person will be subject to screening for symptoms of COVID-19. Any persons exhibiting any symptoms of COVID-19 will not be permitted to enter council chambers but will be able to participate through the remote options described above. Individuals with disabilities who need reasonable accommodations to effectively participate in this meeting are asked to contact the City Clerk at (727)562-4092 or rosemarie.call@myclearwater.com in advance. 1. Call to Order 2. Invocation 3. Pledge of Allegiance Page 2 City of Clearwater Printed on 10/1/2020 October 1, 2020City Council Meeting Agenda 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) 4.1 Manufacturing Month Proclamation - Megan Meiers, Bay Area Manufacturers Association and Monin. 4.2 School Tax Extension - Beth Rawlins 4.3 Fire Prevention Week Proclamation - Fire Marshall James Warman 4.4 Public Natural Gas Week Proclamation - Chuck Warrington, Clearwater Gas System 4.5 United Way Month Proclamation - Chuck Warrington, Clearwater Gas System 4.6 Excellence in Youth Sportsmanship Awards - Michelle Leach, Athletics Supervisor and Carla Scrivener, Athletics Manager 5. Approval of Minutes 5.1 Approve the minutes of the September 17, 2020 City Council Meeting as submitted in written summation by the City Clerk. 6. Citizens to be heard re items not on the agenda 7. Consent Agenda 7.1 Approve an Interlocal Agreement between City of Clearwater and Community Redevelopment Agency (CRA) to provide staffing, telephone services and other administrative services for the CRA, provided for the reimbursement of certain expense by the CRA to the City, and authorize the appropriate officials to execute same. (consent) 7.2 Approve a local government contribution of $610,000 in General Fund Reserves to be set aside as a commitment for the Minimum Local Government Areas of Opportunity Funding that is required for Blue Pierce, LLC, as Successor-in-Interest to Blue Sky Communities, LLC, (Blue Sky) to receive a basis boost in the State of Florida’s Low Income Housing Tax Credit Program (LIHTC) for an 81-unit affordable housing development project at 610 Franklin Street; approve the First Amendment to Agreement for Development and Purchase and Sale of Property (Amendment) between the Community Redevelopment Agency of the City of Clearwater, the City of Clearwater and Blue Pierce, LLC (Blue Pierce); and authorize appropriate officials to execute same. (consent) 7.3 Approve an Easement Termination and Release with Tarpon Springs Housing Authority, a public body corporate and politic established pursuant of Chapter 421 of the Florida Statutes whose principal address is 500 S. Walton Avenue, Tarpon Springs, FL, 34689 and authorize the appropriate officials to execute same. (consent) Page 3 City of Clearwater Printed on 10/1/2020 October 1, 2020City Council Meeting Agenda 7.4 Authorize award of Invitation to Bid (ITB) 03-20R, Landscaping Maintenance Services: Zone 5 - Northwest, to Average Joe Landscape, LLC for an annual not-to-exceed amount of $95,000 for the period of October 1, 2020 through September 30, 2021, with the option for one one-year term extension and authorize the appropriate officials to execute same. (consent) 7.5 Renew Grant and Financial Assistance Agreement between the Florida Department of Law Enforcement and the city of Clearwater, necessary to facilitate a current mutual aid agreement between the two entities, effective upon execution through June 30, 2021, and authorize the appropriate officials to execute same. (consent) 7.6 Award a construction contract to Steve’s Excavating and Paving Inc.-- of Dunedin, Florida, for the 2021 Underdrain project via Invitation to Bid (ITB) 20-0028-EN, in the annual amount of $300,000 for an initial one-year term with an option to renew for three additional one-year renewal terms on a unit price basis and authorize the appropriate officials to execute same. (consent) 7.7 Award a construction contract to Hinterland Group Inc., of Riviera Beach, Florida, for the 2021 Stormwater Pipe Lining annual maintenance via Invitation to Bid (ITB) 20-0021-EN in the yearly amount of $1,000,000 for an initial one-year term with an option to renew for three additional one-year renewal terms on a unit price basis and authorize the appropriate officials to execute same. (consent) 7.8 Authorize a purchase order to American Lighting and Signalization (ALS) for streetlight maintenance and repairs in an amount not to exceed $100,000 for the period of October 1, 2020 through August 2, 2021, pursuant to Clearwater Code of Ordinances Section 2.564(1)(d) Other Government Entities Contracts, and authorize the appropriate officials to execute same. (consent) 7.9 Approve the conveyance of a Distribution Easement to Duke Energy Florida, LLC, d/b/a Duke Energy, for the installation, operation and maintenance of electric facilities to support Duke’s new transformer and electrical facility installation for the new restrooms at the Seminole Boat Ramp project at 302 Seminole Street and authorize the appropriate officials to execute same. (consent) 7.10 Approve the Professional Services Agreement between Innovative Emergency Management, Inc. (IEM) and the City of Clearwater for developing a Continuity of Operations Plan (COOP) document and related services in the amount of $131,660.00 and authorize appropriate officials to execute the same. (consent) 7.11 Authorize an increase of $600,000 to Purchase Order 900709 to GSA Security, Inc. of Tampa, FL, for the Purchase, Installation, Maintenance, and Repair s of Security Cameras; for a revised total amount of $1,000,000 for the three-year term expiring on June 24, 2022, pursuant to Clearwater Code of Ordinances Section 2.564(1)(d) Exceptions to Bid - Other Government Entities’ Bids and authorize the appropriate officials to execute same. (consent) Page 4 City of Clearwater Printed on 10/1/2020 October 1, 2020City Council Meeting Agenda 7.12 Approve a Purchase Order increase to Crown Castle, Inc., of Clearwater, FL, in the amount of $58,000 for a total not to exceed amount of $137,000 for remainder of this term ending September 30, 2022, to accommodate increased internet service provision, and authorize the appropriate officials to execute same. (consent) 7.13 Authorize a piggyback off of the State of Florida Department of Management Services Contract DMS-08/09-071, for SUNCOM long distance service, State AIN Centranet lines, and toll-free lines, in an amount not to exceed $134,220 for the period October 1, 2020 through September 30, 2021, pursuant to Clearwater Code of Ordinances Section 2.564 (1)(d) Other Government Entities and authorize the appropriate officials to execute same. (consent) 7.14 Authorize the purchase of vehicles (heavy and light duty) and equipment as approved in the 20/21 Fiscal Year Budget for a not-to-exceed amount of $6,535,100.00, per the recommended contracts in accordance with Clearwater Code of Ordinances Section 2.564 (1)(d) Other Government Entities; declare surplus effective upon receipt of new vehicles and equipment and authorize for disposal at auction the vehicles and equipment being replaced in accordance with Clearwater Code of Ordinances Section 2.622, or trade-in if in the best interest of the city in accordance with Clearwater Code of Ordinances Section 2.621, Sale of Surplus Property - Exceptions, and authorize the appropriate officials to execute same. (consent) 7.15 Approve the purchase of vehicle parts for heavy and light duty vehicles and equipment for the 20/21 Fiscal Year Budget, in an amount not to exceed $1,500,000.00 in accordance with Clearwater Code of Ordinances, Sections 2.564 (1)(b) Sole Sources, 2.564 (1)(c) Small Dollar Purchases, and 2.564 (1)(d) Other Government Entities Bid and authorize the appropriate officials to execute same. (consent) 7.16 Approve the reappointments of Kathleen Agnew and John Doran to the Clearwater Housing Authority Board with terms to expire September 30, 2024. (consent) 7.17 Approve the 2021 City Council Meeting Schedule. (consent) Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings 8.1 Approve the request from the owner of property addressed as 1140 Eldridge Street, Clearwater, to vacate a platted utility easement, described as the East 10 Feet of the West 81.75 feet of Lot 7, Green Field Subdivision, according to the plat thereof, as recorded in Plat Book 31, Page 28, of the Public Records of Pinellas County, Florida, and pass Ordinance 9412-20 on first reading. 8.2 Approve the proposed first amendment to an existing Development Agreement Page 5 City of Clearwater Printed on 10/1/2020 October 1, 2020City Council Meeting Agenda between the City of Clearwater and East Shore International Enterprises, LLC and 411ES, LLC which provides a one-year extension for site plan approval; adopt Resolution 20-41, and authorize the appropriate officials to execute same. (HDA2019-03001; 400/405/408/409/411 East Shore Drive). 9. Second Readings - Public Hearing 9.1 Adopt Ordinance 9410-20 on second reading, amending the Operating Budget for the Fiscal Year ending September 30, 2020 to reflect increases and decreases in revenues and expenditures for the General Fund, Special Development Fund, Special Program Fund, Water and Sewer Fund, Gas Fund and Airpark Fund. 9.2 Adopt Ordinance 9411-20 on second reading, amending the Capital Improvement Budget for the Fiscal Year ending September 30, 2020 to reflect a net decrease of $1,421,666. 10. City Manager Reports 10.1 Accept a Gas Utility Easement from Jones Properties, LLC, for the construction, installation, and maintenance of gas utility facilities on real property located at 14219 Walsingham Road, Largo, FL and adopt Resolution 20-48. 10.2 Accept a Sidewalk Easement from Central Properties Inc., as Trustee of the Baymont Trust, for the repair, maintenance, and replacement of a public sidewalk on real property located at 499 Mandalay Avenue and adopt Resolution 20-42. 10.3 Continue to November 19, 2020: Approve Construction Manager at Risk (CMAR) proposal from Skanska, Inc. of Tampa, FL, for the renovations of the Clearwater Main Library for Imagine Clearwater (17-0031-EN) at the Guaranteed Maximum Price (GMP) of $6,420,156.69 and authorize the appropriate officials to execute same. (consent) 10.4 Confirm COVID-19 Emergency Proclamation and adopt Resolution 20-53. 10.5 Recommend an appointment to the PIE Noise Abatement Task Force Committee, as the Clearwater at-large representative. 10.6 Declare library materials surplus pursuant to Clearwater Code of Ordinances Section 2.622, surplus sales over $5,000; authorize a donation to designated not-for-profit organizations pursuant to Section 2.624 (5), exceptions to auction sale; and authorize the appropriate officials to execute same. (consent) 11. City Attorney Reports 12. Other Council Action Page 6 City of Clearwater Printed on 10/1/2020 October 1, 2020City Council Meeting Agenda 12.1 Resolution on the HUD Proposed Rule - Councilmember Beckman 13. Closing comments by Councilmembers (limited to 3 minutes) 14. Closing Comments by Mayor 15. Adjourn Page 7 City of Clearwater Printed on 10/1/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8268 Agenda Date: 10/1/2020 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Manufacturing Month Proclamation - Megan Meiers, Bay Area Manufacturers Association and Monin. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/1/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8340 Agenda Date: 10/1/2020 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.2 SUBJECT/RECOMMENDATION: School Tax Extension - Beth Rawlins SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/1/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8278 Agenda Date: 10/1/2020 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.3 SUBJECT/RECOMMENDATION: Fire Prevention Week Proclamation - Fire Marshall James Warman SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/1/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8269 Agenda Date: 10/1/2020 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.4 SUBJECT/RECOMMENDATION: Public Natural Gas Week Proclamation - Chuck Warrington, Clearwater Gas System SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/1/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8248 Agenda Date: 10/1/2020 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.5 SUBJECT/RECOMMENDATION: United Way Month Proclamation - Chuck Warrington, Clearwater Gas System SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/1/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8270 Agenda Date: 10/1/2020 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.6 SUBJECT/RECOMMENDATION: Excellence in Youth Sportsmanship Awards - Michelle Leach, Athletics Supervisor and Carla Scrivener, Athletics Manager SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/1/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8254 Agenda Date: 10/1/2020 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: City Council Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve the minutes of the September 17, 2020 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/1/2020 City Council Meeting Minutes September 17, 2020 Page 1 City of Clearwater City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Meeting Minutes Thursday, September 17, 2020 6:00 PM Main Library - Council Chambers City Council Draft City Council Meeting Minutes September 17, 2020 Page 2 City of Clearwater To ensure public safety and comply with the Governor's Safer at Home order in response to the COVID-19 virus, the Clearwater City Council will hold a public meeting on Thursday, September 17, 2020 at 6:00 p.m. using communications media technology. Pursuant to Executive Order No. 20-69, issued by the Office of Governor Ron DeSantis on March 20, 2020, municipalities may conduct meetings of their governing boards without having a quorum of its members present physically or at any specific location, and utilizing communications media technology such as telephonic or video conferencing, as provided by Section 120.54(5)(b)2, Florida Statutes. Rollcall Present: 5 - Mayor Frank Hibbard, Councilmember Hoyt Hamilton, Vice Mayor David Allbritton, Councilmember Mark Bunker and Councilmember Kathleen Beckman Also Present: William B. Horne II – City Manager, Micah Maxwell – Assistant City Manager, Michael Delk – Assistant City Manager, Pamela K. Akin City Attorney, Rosemarie Call – City Clerk, and Nicole Sprague – Deputy City Clerk. To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. Unapproved 1. Call to Order – Mayor Hibbard The meeting was called to order at 6:00 p.m. via media communications technology. 2. Invocation – Pastor Andy Walton from trinity Presbyterian Church (Trinity Clearwater) 3. Pledge of Allegiance 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) – Given. 4.1 International Day of Peace Proclamation, September 21, 2020 - Father Bob Swick 4.2 National Assisted Living Week Proclamation, September 13-19, 2020 - Lauren Perry, Executive Director of The Colonnade at Beckett Lake 4.3 Salvation Army Day Proclamation, September 17, 2020 - Major Ted Morris, The Salvation Army of Clearwater and Upper Pinellas County Draft City Council Meeting Minutes September 17, 2020 Page 3 City of Clearwater 5. Approval of Minutes 5.1 Approve the minutes of the September 3, 2020 City Council Meeting as submitted in written summation by the City Clerk. Councilmember Hamilton moved to approve the minutes of the September 3, 2020 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 6. Citizens to be heard re items not on the agenda Sumena Ali expressed concerns regarding money and property due to the Seminole Tribe and requested consideration to declare N. Greenwood a holy site. 7. Consent Agenda – Approved as submitted less Item 7.5. 7.1 Approve the purchase of excess liability, excess workers compensation and numerous specialty insurance policies, from October 1, 2020 through September 30, 2021, at an amount not to exceed $1,000,000 and authorize the appropriate officials to execute same. (consent) 7.2 Authorize the funding of city paid life insurance and long-term disability benefits for the Administration Management Services Agreement with Unum Life Insurance Company of America, with a 0% increase, in the amount of $808,000 for the period January 2021 through December 2022 and authorize the appropriate officials to execute same. (consent) 7.3 Authorize award of Invitation to Bid 37-20, Tree Assessment and Inventory Survey, to E-Sciences, Inc., in the annual amount of $30,000 for a period of five years beginning September 2020 through October 2025 for a total not-to-exceed amount of $150,000 and authorize the appropriate officials to execute same. (consent) 7.4 Approve a one-year Agreement with Juvenile Welfare Board (JWB) and the City of Clearwater for funding youth programs and approve a first quarter budget amendment of $394,095 in special program G2107, JWB Youth Programming and authorize the appropriate officials to execute same. (consent) 7.5 Approve a revised Standard Agreement Form to be used with the various Youth Co-Sponsor Groups and the City of Clearwater and authorize the appropriate officials to Draft City Council Meeting Minutes September 17, 2020 Page 4 City of Clearwater execute same. (consent) See below. 7.6 Approve a contract with the Pinellas County Sheriff’s Office, Largo, Florida, in the amount not to exceed $582,070, which includes contingency, for forensic crime scene processing, latent prints, property and evidence storage, and Pinellas Juvenile Assessment Center services, during the one-year contract period commencing on October 1, 2020 through September 30, 2021, and authorize the appropriate officials to execute same. (consent) 7.7 Approve an agreement between Clearwater Towing Service, Incorporated and the City of Clearwater to provide full-service vehicle removal, towing, storage, and transport and impound services to accommodate all needs of the Clearwater Police Department and the City’s Fleet Maintenance Division, authorize the appropriate officials to execute same, and ratify and confirm Fourth Extension to the Vehicle Towing Contract bridging the 23-day gap between the expiration of the Third Extension and start of the new agreement. (consent) 7.8 Approve renewal of the TriTech Software Support Agreement, in the amount of $189,096.22, for a 12-month period beginning October 1, 2020 and ending September 30, 2021, and authorize the appropriate officials to execute same. (consent) 7.9 Approve an Interlocal Agreement between the Clearwater Community Redevelopment Agency (CRA) and the City of Clearwater to provide CRA funding in Fiscal Year 2020-2021 in the amount of $250,268.12 to underwrite the cost of additional Community Policing services by the Clearwater Police Department in the Downtown Gateway District, Prospect Lake District, and the Downtown Core District, encompassed by the CRA to address quality of life issues, drug dealing, prostitution, and homelessness and authorize the appropriate officials execute same. (consent) 7.10 Approve RFQ 40-20 for selection of firms to provide Construction Manager at Risk (CMAR) Services for Continuing Contracts, as listed, for a period of four years and authorize the appropriate officials to execute same. (consent) 7.11 Approve Engineer of Record (EOR) work order to Biller Reinhart Engineering Group, Inc., for 2021 Bridges Repair (20-0027-EN) in the amount of $161,150 and authorize the appropriate officials to execute same. (consent) 7.12 Approve Change Order Two to Paramount Painting and Services, Inc. of Tampa, FL, for East WRF RDT Building Repair (18-0016-UT) in the amount of $98,814, increasing the contract from $131,580 to $230,394, and authorize the appropriate officials to execute same. (consent) 7.13 Ratify and confirm $38,000 of the $140,870 work order for America’s Water infrastructure Draft City Council Meeting Minutes September 17, 2020 Page 5 City of Clearwater Act and Public Utilities Emergency Response Plans (19-0030-UT), approve a five-year agreement with Black and Veatch, of Tampa, Florida, per RFQ 30-20, and authorize the appropriate officials to execute same. (consent) 7.14 Approve an Interlocal Agreement with Pinellas County for $750,000 in Penny IV Assistance toward the Gulf Boulevard Improvement Plan for related Eligible Project work from January 1, 2020 through September 30, 2026 and authorize the appropriate officials to execute same. (consent) 7.15 Approve Amendment No. 1 for the Emergency Medical Services ALS First Responder Agreement between Pinellas County and City of Clearwater for a budget increase for emergency medical services to the Clearwater Fire District and authorize the appropriate officials to execute same. (consent) 7.16 Authorize a Purchase Order to Ten-8 Fire Equipment Inc., of Bradenton, FL, for the purchase of two new Pierce Heavy Duty Velocity Pumpers in an amount of $1,334,223.00 in accordance with Sec. 2.564(1)(d), Clearwater Code of Ordinances - Other Governmental Entities Bids; declare G2946 and G2611 surplus effective upon receipt of the two purchased vehicles and authorize for disposal at auction in accordance with Clearwater Code of Ordinances Section 2.622 or authorize trade-in in accordance with Section 2.624 Clearwater Code of Ordinances- Exceptions to auction sale bidding procedures whichever is deemed to be in the City’s best interests; and authorize the appropriate officials to execute same. (consent) 7.17 Approve a contract (purchase order) to Oracle America, Inc., Redwood Shores, CA for the period of October 1, 2020 through September 30, 2021 for software maintenance, at a cost not to exceed $299,000.00 in accordance with Sec. 2.564(1) (b) Clearwater Code of Ordinances, sole source, and authorize the appropriate officials to execute same. (consent) 7.18 Authorize piggyback off of the State of Florida Department of Management Services Contract DMS-10/11-008C, for basic cellular/smart phones and mobile data services, with Verizon Wireless, in an amount not to exceed $675,000 for the period October 1, 2020 through September 30, 2021, pursuant to Clearwater Code of Ordinances Section 2.564 (1)(d) Other Government Entities Bids and authorize the appropriate officials to execute same. (consent) 7.19 Authorize a purchase order to Palmdale Oil Company of Ft. Pierce, FL to provide oils and lubricants for a not to exceed amount of $225,000 for period October 1, 2020 through July 31, 2023 with one additional two-year renewal at a not to exceed amount of $150,000 at the City’s discretion, pursuant to Clearwater Code of Ordinances Section 2.564(1)(d) Cooperative Contracts and authorize the appropriate officials to execute same. (consent) 7.20 Approve an agreement with the Law Firm of Dean, Mead & Dunbar to provide lobbying Draft City Council Meeting Minutes September 17, 2020 Page 6 City of Clearwater services at the state level from October 1, 2020 through September 30, 2024 at a cost of $4,000 per month, plus estimated expenses of $4,800, not to exceed $52,800 per year, and authorize the appropriate officials to execute same. (consent) Councilmember Hamilton moved to approve the Consent Agenda as submitted, less Item 7.5, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 7.5 Approve a revised Standard Agreement Form to be used with the various Youth Co-Sponsor Groups and the City of Clearwater and authorize the appropriate officials to execute same. (consent) On September 5, 2019, Council approved a revised Youth Co-Sponsor Agreement template. Staff worked with the youth co-sponsor groups and found it very difficult to fulfill the new Level II background screening requirement. The groups want to provide the safest environment for kids to enjoy youth sports, but the Level II requirements have become increasingly difficult for most of the organizations to meet. Staff is recommending that the current standard template agreement be revised from a State Level II screening requirement to an approved city equivalent criminal background check. An equivalent background check would be annually approved by the Risk Management Division and Parks and Recreation Director. All other items in the agreement remain the same and include areas such as ADA compliance, training opportunities, financial stewardship, insurance requirements, facility care, publicity, participation guidelines, scheduling needs, etc. Currently, there are 11 Youth Co-Sponsor Groups that have been recognized by the City and have agreements with the City. These youth groups provide programming for baseball, football, soccer, swimming, softball, track and field, and basketball. The City annually meets with each group and enters into a Sports and Program Youth Co-Sponsor Agreement. Since there are numerous Youth Co-Sponsor Group Agreements to negotiate and approve, staff is recommending that the Council continue to allow the City Manager or his designee to enter into these revised agreements. One individual expressed concern with the length of the agreement and questioned how many staff members were required to monitor the agreements. Draft City Council Meeting Minutes September 17, 2020 Page 7 City of Clearwater The City Attorney said the City has detailed agreements so there are no misunderstandings of the obligations for both parties. The agreements also address legal liability issues. Parks and Recreation Interim Director Art Kader said staff is trying to protect the children, the parents and volunteers as best as possible. If the organizations did not provide the programming, the City would not offer the services or would have to pay city staff to conduct the youth recreation programming. Councilmember Hamilton moved to approve a revised Standard Agreement Form to be used with the various Youth Co-Sponsor Groups and the City of Clearwater and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings 8.1 Adopt Ordinance 9407-20 on second reading, declaring the millage rate to be levied for the Fiscal Year beginning October 1, 2020 and ending September 30, 2021, for operating purposes including the funding of pensions, debt service, and road maintenance for capital improvement expenditures at 5.9550 mills. Ordinance 9407-20 was presented and read in full. Councilmember Hamilton moved to pass Ordinance 9407-20 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman 8.2 Adopt Ordinance 9408-20 on second reading, adopting an Operating Budget for the Fiscal Year beginning October 1, 2020 and ending September 30, 2021, authorizing the City Manager to issue such instructions that are necessary to achieve and accomplish the service programs so authorized; authorizing the City Manager to transfer monies and programs among the departments and activities within any fund as provided by Chapter 2 of the Clearwater Code of Ordinances. Ordinance 9408-20 was presented and read by title only. Councilmember Hamilton moved to adopt Ordinance 9408-20 on second and final reading. The motion was duly seconded and Draft City Council Meeting Minutes September 17, 2020 Page 8 City of Clearwater upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman 8.3 Adopt Ordinance 9409-20 on second reading, adopting the Capital Improvement Program Budget for the Fiscal Year beginning October 1, 2020 and ending September 30, 2021; approving the six-year Capital Improvement Program, which shall be reevaluated at the beginning of each Fiscal Year; authorizing the City Manager to issue such instructions that are necessary to achieve and accomplish the capital improvements so authorized; authorizing the City Manager to transfer money between programs in the Capital Improvement Program; and appropriating available and anticipated resources for the projects identified. Ordinance 9409-20 was presented and read by title only. Councilmember Hamilton moved to adopt Ordinance 9409-20 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman 8.4 Provide direction on the proposed first amendment to an existing Development Agreement between the City of Clearwater and East Shore International Enterprises, LLC and 411ES, LLC, which provides a one-year extension for site plan approval and confirm a second public hearing in City Council Chambers before City Council on October 1, 2020 at 6:00 p.m., or as soon thereafter as may be heard. (HDA2019-03001; 400/405/408/409/411 East Shore Drive). Development Proposal: Brian J. Aungst, representative of 411ES LLC (property owner), is requesting a one-year time extension for site plan approval of the approved Hotel Development Agreement (HDA2019-03001) for the referenced project located at 400/405/408/409/411 East Shore Drive. On July 18, 2019, the City Council approved a Development Agreement along with a concept plan and elevations as part of application HDA2019-03001. Consistent with applicable Florida Statues and the City’s Community Development Code the agreement was transmitted to the Florida Department of Economic Opportunity on August 1, 2019 rendering the effective date August 31, 2019. Pursuant to Section 6.1.3.3 of the agreement, “The Developer shall obtain Draft City Council Meeting Minutes September 17, 2020 Page 9 City of Clearwater appropriate site plan approval pursuant to a Level One or Level Two development application within one (1) year from the effective date of this Agreement…”. Based on the City’s Level II Flexible Development application schedule the latest Community Development Board Meeting at which site plan approval could have been granted prior to the expiration of the Agreement (August 31, 2020) was August 20, 2020. This would have required the submittal of a complete application on or before the application deadline of noon June 1, 2020. The applicant provides that they were unable to submit a complete application by the above noted application deadline date of noon June 1, 2020. It should be noted that the August CDB meeting was cancelled. It should also be noted that the applicant does have a complete Flexible Development application (FLD2020-05012) submitted for review scheduled for review at the Development Review Committee meeting of September 3, 2020. The granting of the one-year time extension request will amend Section 6.1.3.2 as follows: 6.1.3.2 The Developer shall obtain appropriate site plan approval pursuant to a Level One or Level Two development application within one (1) year two (2) years from the effective date of this Agreement in accordance with the provisions of the Code and shall then obtain appropriate permits and certificates of occupancy in accordance with the provisions of the Code. Nothing herein shall restrict Developer from seeking an extension of site plan approval or other development orders pursuant to the Code or state law. In the event that work is not commenced pursuant to issued permits, or certificates of occupancy are not timely issued, the City may deny future development approvals and/or certificates of occupancy for the Project and may terminate this Agreement in accordance with Section 10. No changes to the approved conceptual site plan or elevations are proposed. The approved development agreement provides for the demolition of all structures on the 1.115-acre site and building a single, six-floor hotel with 74 hotel rooms (66.367 units per acre) and a 57-slip marina facility with 22 slips available to the public and 35 slips available only to guests of the hotel. The 74 proposed units include 55 units otherwise permitted by the Resort Facilities High Future Land Use classification, an additional eight units from the Hotel Density Reserve through Beach by Design and an additional 11 units which the applicant intends to transfer to the site through a Level Two Transfer of Development Rights application. The building will be 65 feet in height (from Base Flood Elevation) to roof as otherwise permitted utilizing the Height Bonus Schedule for the Marina District of Beach by Design for property totaling one acre or more on both sides of East Shore Drive and the provision of a publicly accessible Boardwalk. The proposal includes a tropical modern architecture, which is consistent with and complements the tropical vernacular envisioned in Beach by Design. Changes to Development Agreements: Pursuant to Section 4-606.I., CDC, a Development Agreement may be Draft City Council Meeting Minutes September 17, 2020 Page 10 City of Clearwater amended by mutual consent of the parties, provided the notice and public hearing requirements of Section 4-206 are followed. The amendment to the approved agreement is solely to extend the time frame by which time site plan approval must be obtained by one year to August 31, 2021. In response to questions, Senior Planner Mark Parry said it was not uncommon for applicants to request an extension; a handful of applications in the site plan approval process were granted extensions. Applicant representative Brian Aungst, Jr. said COVID was the primary reason for the delay. The flexible development application was submitted on May 1, 2020. He said staff reviewed the application for completeness and notified the applicant of items that need to be addressed; once the application is complete it will go to DRC for additional comments prior to moving forward to CDB. The application was supposed to be completed by June 1 but was completed on August 12. Mr. August said the DRC reviewed the application on September 3, 2020; the applicant anticipates going before CDB in November after the application is resubmitted. In response to questions, Mr. Aungst said a full year extension is not needed. The resubmittal will address minor comments raised at DRC and the final site plan should be completed by November at the latest. Councilmember Hamilton moved to confirm a second public hearing in City Council Chambers before City Council on October 1, 2020 at 6:00 p.m., or as soon thereafter as may be heard. The motion was duly seconded and carried unanimously. 9. City Manager Reports 9.1 Amend the City’s fiscal year 2019/20 operating and capital improvement budgets at third quarter and pass Ordinances 9410-20 and 9411-20 on first reading. The fiscal year 2019/20 operating and capital improvement budgets were adopted in September 2019 by ordinances 9323-19 and 9324-19. Section 2.521 of the City’s Code of Ordinances requires the City Manager to prepare a quarterly report detailing income, expenditure estimates, collections, the explanation of significant variances, as well as the financial status of all capital improvement projects. Councilmember Hamilton moved to amend the City’s fiscal year 2019/20 operating and capital improvement budgets at third quarter. The motion was duly seconded and carried unanimously. Draft City Council Meeting Minutes September 17, 2020 Page 11 City of Clearwater Ordinance 9410-20 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 9410-20 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman Ordinance 9411-20 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 9411-20 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman 9.2 Appoint eleven members to the Affordable Housing Advisory Committee, to include Councilmember Kathleen Beckman as the locally elected official, and adopt Resolution 20-50. Florida Statute Section 420.9076 states that counties and cities receiving State Housing Initiatives Partnership (SHIP) program funds are required to establish annually an Affordable Housing Advisory Committee (AHAC) and prepare a Local Housing Incentive Strategy (LHIS). The statute further provides that the committee be made up of eleven (11) members and that the City appoint the eleven members by resolution. The eleven members must represent a specific industry or a specific group. The required groups and recommended individuals are listed below: • Banking industry/mortgage: Linda Kemp • Area of labor engaged in home building: Gaby Camacho • Advocate for low-income person: Peter Scalia • Not-for-profit provider of affordable housing: Kevin Chinault • Real estate professional engaged in affordable housing: Peggy Cutkomp • Employers representative: Camille Hebting • Clearwater resident: Carmen Santiago • Member of the local planning agency: Michael Boutzoukas • Essential Services representative: Jacqueline Rivera • Residential home building: Pierre Cournoyer • Locally elected official: TO BE DETERMINED BY CITY COUNCIL The duties of the Affordable Housing Advisory Committee shall include reviewing policies and procedures, ordinances, land development regulations and the City’s adopted comprehensive plan and shall recommend specific actions or initiatives to encourage or facilitate affordable housing while Draft City Council Meeting Minutes September 17, 2020 Page 12 City of Clearwater protecting the ability of the property to appreciate in value. The LHIS must be submitted to City Council by December 31, 2020, and will encompass the definition, vision, strategic focus areas, and action plan (including potential amendments to procedures and existing regulations) in order to facilitate the development of affordable housing in the City. At the September 14 work session, there was council consensus to appoint Councilmember Beckman as the locally elected official. Councilmember Hamilton moved to appoint eleven members to the Affordable Housing Advisory Committee, to include Councilmember Kathleen Beckman as the locally elected official. The motion was duly seconded and carried unanimously. Resolution 20-50 was presented and read by title only. Councilmember Hamilton moved to adopt Resolution 20-50. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman 9.3 Confirm COVID-19 Emergency Proclamation and adopt Resolution 20-51. Assistant City Attorney Matthew Smith said the resolution seeks confirmation of two extensions of the emergency order. The City Manager has ordered a change to the way staff handles public nuisances. He said there has been an issue with overgrown yards. The normal process would have these cases go before the Municipal Code Enforcement Board but since the MCEB meetings have been suspended for the duration of the emergency, the orders have not been issued and the yards have not been mowed. The new process will include providing the property owner a warning and notice; if the notice and warning go unaddressed, staff will correct the matter and place a lien on the property. Councilmember Hamilton moved to confirm COVID-19 Emergency Proclamation. The motion was duly seconded and carried unanimously. Resolution 20-51 was presented and by title only. Councilmember Hamilton moved to adopt Resolution 20-51. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman Draft City Council Meeting Minutes September 17, 2020 Page 13 City of Clearwater 10. City Attorney Reports – None. Countywide Face Mask Regulations Mayor Hibbard said the Pinellas County Board of Commissioners are being pressured to do away with the face mask regulations. He said it is easier to manage if face masks are regulated consistently countywide. Since the face masks protocols have been in place, the numbers have plummeted. He requested consideration for Council to support the face mask protocols countywide. Discussion ensued with council consensus to share with the Pinellas County Board of Commissioners that Clearwater City Council supports continuing the countywide face mask regulations. 11. Closing comments by Councilmembers (limited to 3 minutes) Councilmember Hamilton said he was glad the meeting was relatively short tonight and he hopes to get home in time to watch the Tampa Bay Lightning game. He said he was glad to see his Florida State friends starting to get back to normal after the Georgia Tech win last weekend. Councilmember Beckman reminded people to register to vote, the last day to register for the November election is October 5th. Ballots will be mailed on September 29th and early voting starts on October 19th. She reminded all to take the 2020 Census. She said she learned this week that residents can purchase an annual parking permit for various lots including the four lots in north Clearwater beach and that prorated parking passes could be purchased now for the remainder of 2020 for $25.00. She said she visited two female owned Clearwater businesses, Katie’s Cookies and Warren’s Used Furniture. Councilmember Bunker gave a shoutout to Councilmember Beckman and said she would be an outstanding advocate on the Affordable Housing Advisory Committee. He also gave a shoutout to Leah Remini for her Emmy win for the Scientology and the Aftermath series for its third and final season. 12. Closing Comments by Mayor The Mayor urged all to participate in the Census. He said the tropics are extremely active, that we have been blessed with no storms but to be prepared. He encouraged all to educate themselves on the referendum Draft City Council Meeting Minutes September 17, 2020 Page 14 City of Clearwater question regarding The Landings. He said Pinellas Cares is a financial assistance program for those who lost their job or income due to COVID and can apply for up to $5,000 per household for rent, mortgage, or utility payments. He said residents can bring up to 6 electronics for E-waste on September 30th, including tv’s, cell phones, CPU’s, laptops, monitors, and tablets, etc. The Clearwater Main Library will be closed to the public starting September 26th for renovations related to the Imagine Clearwater project. Council chambers will still be open for council and worksession meetings and will be a polling place. The closure of the 400 and 500 blocks of Cleveland St. will continue through January 14, 2021. He gave condolences to the Brumback family on the loss of the former Solid Waste Director, Bob Brumback. His son, Garry, is a former Assistant City Manager. 13. Adjourn The meeting adjourned at 7:04 p.m. Mayor City of Clearwater Attest City Clerk Draft INDIVIDUAL SPEAKER Citizen Comment Card Name: Sce.,-V‘ Address: tvceittl.co c4- City: C \1 ` Zip: 33 7 Telephone Number: Email Address: Speaking under citizens to b heard re items not on the agenda? Agenda item(s) to which you wish to speak: What is your position on the item? For Against Name:, ('if \— Address: p City: ( .?(iCV3( 1.tr zip: Telephone Number: Email Address: 119/1, -_)/it - y/10) /4 Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak. What is your position on the item? For Against INDIVIDUAL SPEAKER Citizen Comment Card Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8173 Agenda Date: 10/1/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: City Manager's Office Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Approve an Interlocal Agreement between City of Clearwater and Community Redevelopment Agency (CRA) to provide staffing, telephone services and other administrative services for the CRA, provided for the reimbursement of certain expense by the CRA to the City, and authorize the appropriate officials to execute same. (consent) SUMMARY: As per Section 163.387, Florida Statues, allow that money in the redevelopment trust fund may be expended from time to time for undertakings of the Community Redevelopment Agency, include providing for staff, as describing in the community redevelopment plan and the Clearwater Downtown Redevelopment Plan established that funds received by the CRA through the use of Tax Increment Funding (TIF) may be for certain redevelopment activities. The CRA agrees to provide TIF funding in a total amount not to exceed $500,000 for this contract year. This amount includes a not to exceed $451,841.00 to pay salary benefits for CRA staff, $3,310.00 for telephone services and up to $44,849.00 for other administrative services. These amounts are subject to adjustment and approval in the CRA budget each year. Page 1 City of Clearwater Printed on 10/1/2020 INTERLOCAL AGREEMENT This Interlocal Agreement is made and entered into this ________ day of _____________, 2020 by and between the Community Redevelopment Agency of the City of Clearwater, Florida (CRA), a redevelopment agency established pursuant to law, and the City of Clearwater (CITY), a municipal corporation of the State of Florida. WHEREAS, this Agreement is made and entered between the parties pursuant to Section 163.01, Florida Statutes, the “Florida Interlocal Cooperation Act of 1969”; and WHEREAS, on May 16, 2016, the Community Redevelopment Agency approved the City Manager’s hiring of a CRA Director as a City employee; and WHEREAS, the City will provide additional staff to assist the CRA director, for which the CRA agrees to reimburse the City; and WHEREAS, Section 163.387, Florida Statutes, allows that moneys in the redevelopment trust fund may be expended from time to time for undertakings of a community redevelopment agency, including providing for staff, as described in the community redevelopment plan; and WHEREAS, the Clearwater Downtown Redevelopment Plan establishes that funds received by the CRA through the use of Tax Increment Financing (TIF) may be used for certain redevelopment activities; and WHEREAS, the CRA wishes to enter into an Interlocal Agreement with the City for the City to provide staff to the CRA and outlining the scope of services and responsibilities of the parties. NOW THEREFORE, in consideration of the covenants made by each party to the other and of the mutual advantages to be realized by the parties hereto, the CRA and the CITY agree as follows: Section 1. Term. This Interlocal Agreement will be effective starting October 1, 2020 and will remain in effect unless terminated by either one of the parties. Section 2. Intent. It is the intent of the parties that the TIF funds paid to the CITY by the CRA pursuant to Section 163.387(6)(a), Florida Statutes, be used to provide the following staff in support of the CRA: A. Pay the salary and benefits for the CRA Director for the Fiscal Year 2020/2021. This amount may increase annually and is subject to approval in the CRA budget each year. INTERLOCAL AGREEMENT TO PROVIDE STAFF, EQUIPMENT AND OFFICE SPACE TO CRA 2 B. Provide for the salary and benefits of additional full-time, part-time and temporary CRA staff that are subject to approval in the CRA budget each year. Section 3. Responsibilities of the CRA Function: Provide TIF funding in the total amount not to exceed $500,000 for the contract year, said funds to be utilized by the City will be allocated in the following manner: A. An amount not to exceed $451,841 to pay the salary and benefits for CRA staff B. $3,310 to pay for Telephone services C. Up to $44,849 for other administrative services, including temporary staff These amounts are subject to adjustment and approval in the CRA budget each year. Section 4. Responsibilities of the CITY Scope of Duties: The services that the CITY will provide will be carried out by the City Manager. These services are: A. Provide staffing, Information Technology services, telephone services, Legal services, City Clerk services and other general services and office space in for the CRA. Adopt operational policies necessary to support the work of the CRA. Section 5. Notice. Sixty (60) days notice by either party to the other pursuant to the Interlocal Agreement shall be given in writing and hand- delivered or mailed as follows: Clearwater Community Redevelopment Agency Attn: Amanda Thompson, Director PO BOX 4748 Clearwater, Florida 33758 Telephone: (727) 562-4072 City of Clearwater Attn: William B. Horne II, City Manager PO BOX 4748 INTERLOCAL AGREEMENT TO PROVIDE STAFF, EQUIPMENT AND OFFICE SPACE TO CRA 3 Clearwater, Florida 33758 Telephone: (727) 562-4046 Section 6. Entire Agreement. This document embodies the whole Agreement of the parties. There are no promises, terms, conditions or allegations other than those contained herein. This Agreement shall be binding on the parties, their successors, assigns and legal representatives. Section 7. Indemnification. The CRA and the CITY agree to be fully responsible for their own acts of negligence, or their respective agents’ acts of negligence when acting within the scope of their employment, and agree to be liable for any damages resulting from said negligence only to the extent permitted by Section 768.28, Florida Statutes. Nothing herein is intended to nor shall it be construed as a waiver of any immunity from or limitation from liability that the CRA and the CITY are entitled to under the doctrine of sovereign immunity (Section 768.28, Florida Statutes). Nothing herein shall be construed as consent by the CRA or the CITY to be sued by third parties in any manner arising out of this Agreement. Section 8. Filing Effective Date. As required by Section 163.01(11), Florida Statutes, the Interlocal Agreement shall be filed with the Clerk of the Circuit Court of Pinellas County after execution by the parties, and shall take effect upon the date of filing. IN WITNESS WHEREOF, the parties hereto, or their law representatives, have executed this agreement as the date first above written. COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA By: ______________________________ Frank V. Hibbard, Chairperson Approved as to form: Attest: ____________________________ _______________________________ Michael Fuino Rosemarie Call INTERLOCAL AGREEMENT TO PROVIDE STAFF, EQUIPMENT AND OFFICE SPACE TO CRA 4 CRA Attorney City Clerk Countersigned: CITY OF CLEARWATER, FLORIDA ___________________________ By: _____________________________ Frank V. 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#20-8277 Agenda Date: 10/1/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Approve a local government contribution of $610,000 in General Fund Reserves to be set aside as a commitment for the Minimum Local Government Areas of Opportunity Funding that is required for Blue Pierce, LLC, as Successor-in-Interest to Blue Sky Communities, LLC, (Blue Sky) to receive a basis boost in the State of Florida’s Low Income Housing Tax Credit Program (LIHTC) for an 81-unit affordable housing development project at 610 Franklin Street; approve the First Amendment to Agreement for Development and Purchase and Sale of Property (Amendment) between the Community Redevelopment Agency of the City of Clearwater, the City of Clearwater and Blue Pierce, LLC (Blue Pierce); and authorize appropriate officials to execute same. (consent) SUMMARY: On August 15, 2019, the City’s Community Redevelopment Agency released Request for Proposals 50-19 (RFP) for an affordable housing development at 610 Franklin Street, the former location of Fire Station 45. The RFP called for a Low-Income Housing Tax Credit Project under the Florida Housing Finance Corporation’s (FHFC) Request for Applications 2019-114 (RFA114). The City received three proposals on September 16, 2019. Proposals were submitted by Southport Development, American Resident Communities and Blue Sky. A review committee comprised of staff from the Community Redevelopment Agency, the Economic Development and Housing Department and the Planning and Development Department reviewed the submittals and selected the proposal from Blue Sky. After entering into the Agreement for Development and Purchase and Sale of Property (Agreement), Blue Sky submitted an application to the FHFC under RFA114. Blue Sky’s application to FHFC was unsuccessful; however, the Agreement contained an option for an extension of one additional year for Blue Sky to re-apply in a future RFA, which was exercised in accordance with the terms of the Agreement. The Amendment provides updated information regarding FHFC’s 2020 Application cycle. Following approval of this item and CRA approval of the Amendment, Blue Sky will submit an application in response to FHFC’s Request for Applications 2020-202 (RFA202). The minimum Local Government Area of Opportunity Funding amount reduced by the State from $747,000 in 2019 to $610,000 for this year’s RFA. If more than one firm submits an acceptable application for a project located in Pinellas County with local government support of $610,000, then FHFC’s selection becomes akin to a lottery pick; only one project will be awarded tax credits. Applications for RFA202 are due on October 20, 2020 and FHFC’s selection is expected in March 2020. Approval of the Amendment between the CRA, the City and Blue Pierce commits the city to a contribution of $610,000, as noted above. The contribution from the city will be in the form of an interest-bearing loan. While staff is Page 1 City of Clearwater Printed on 10/1/2020 File Number: ID#20-8277 recommending setting aside General Fund Reserves for this purpose, the loan will ultimately be funded as a fifty-fifty split between HOME investment Partnership funds from the United States Department of Housing and Urban Development and funding from the CRA. As background, the Low-Income Housing Tax Credit Program is governed by the U.S. Department of Treasury under Section 252 of the Tax Reform Act of 1986 and Section 42 of the Internal Revenue Code, as amended. The program was established to provide for-profit and non-profit organizations with a dollar-for-dollar reduction in federal tax liability in exchange for the acquisition and substantial rehabilitation or new construction of low- and very low-income rental housing units. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: Funding for this contract will be provided by a commitment of General Fund Reserves in the amount of $610,000. Inclusive of this item if approved, a net total of $610,000 of General Fund reserves has been appropriated by Council to fund expenditures during fiscal year 2020/2021. The remaining unappropriated balance of General Fund reserves, after the 8.5% reserve, is approximately $25.7 million, or 16.9% of the current General Fund operating budget. Page 2 City of Clearwater Printed on 10/1/2020 FIRST AMENDMENT TO AGREEMENT FOR DEVELOPMENT AND PURCHASE AND SALE OF PROPERTY THIS FIRST AMENDMENT TO AGREEMENT FOR DEVELOPMENT AND PURCHASE AND SALE OF PROPERTY (this “Amendment”) is made and entered into as of this ___ day of October 2020, by and between the CITY OF CLEARWATER, a municipal corporation (“the City”); COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA, a public body corporate and politic of the State of Florida created pursuant to Part III, Chapter 163, Florida Statutes (“Agency”); and BLUE PIERCE, LLC, a Florida limited liability company (“Developer”). W I T N E S S E T H: WHEREAS, Agency and Blue Sky Communities, LLC entered into that certain Agreement for Development and Purchase and Sale of Property dated effective October 30, 2019 (the “Contract”); and WHEREAS, Blue Sky Communities, LLC assigned the Contract to Developer; and WHEREAS, Agency and Developer desire to enter into this Amendment to allow Developer to apply for tax credits in the upcoming FHFC RFA 2020-202. NOW THEREFORE, for and in consideration of the mutual covenants and agreements of the parties, and other good and valuable considerations, the receipt and sufficiency of which is hereby acknowledged and agreed by each of the parties, Agency and Developer do hereby covenant and agree as follows: 1. Agency and Developer do hereby mutually represent and warrant that the foregoing recitals are true and correct, and said recitals are hereby ratified, confirmed, and incorporated into the body of this Amendment. 2. Any capitalized terms utilized in this Amendment and which are not separately defined herein shall have the meaning ascribed thereto in the Contract. 3. Section 15.18 is hereby amended as follows: Local Government Support. The Agency recognizes that Request for Applications 2020-202 issued by the Florida Housing Finance Corporation (the “RFA”) requires the Developer to show “local government support.” This support will come in the form of a $610,000.00 loan to the Developer from the City in a manner that shall qualify for the Local Government Area of Opportunity Funding under the RFA including without limitation the timely approval of the Loan and the execution and delivery of the requisite Local Government Verification of Contribution- Loan form under the RFA. The Agency agrees to contribute half of that loan amount to the City upon terms and conditions to be negotiated between the City and the Agency. 4. Except as amended and modified hereby, all of the terms and conditions of the Contract are and shall remain in full force and effect. The Contract, as modified by this Amendment, is affirmed and ratified in all respects. 5. This Amendment may be executed in multiple counterparts, each of which shall be deemed an original but all of which, together, shall constitute one instrument. For the purposes of this Amendment, an executed facsimile or electronically delivered counterpart copy of this Amendment shall be deemed an original for all purposes. IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and year first set forth above: AGENCY COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA By: __________________________ Frank V. Hibbard Chairperson Approved as to form: Attest: ________________________ ______________________________ Michael P. Fuino Rosemarie Call Attorney for City Clerk Community Redevelopment Agency CITY THE CITY OF CLEARWATER, a municipal corporation By: __________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ________________________ ______________________________ Pamela Akin Rosemarie Call City Attorney City Clerk DEVELOPER: Blue Pierce, LLC, a Florida limited liability company By: Blue Pierce M, LLC, its manager By: _______________________ Shawn Wilson, Manager 22 26 700705525614700634524614319 101 613123 204 626528640518644701PARK ST S EAST AVEPIERCE ST FRANKLIN ST S GARDEN AVE S GARDEN AVE 20 24 28 703610316 612207 300 312 530308 516600AERIAL MAP 610 Franklin St.Parcel Number: 15-29-15-54450-007-0010 Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Location Maps\610 Franklin St.mxd Lot Size:+/- 1.09 ac. ² N.T.S.Scale: Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Page 1 of 1Aerial Flown 2019 Date:9/5/2019WDMap Gen By:286BGrid #:RBReviewed By:16-29s-15eS-T-R: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8276 Agenda Date: 10/1/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 7.3 SUBJECT/RECOMMENDATION: Approve an Easement Termination and Release with Tarpon Springs Housing Authority, a public body corporate and politic established pursuant of Chapter 421 of the Florida Statutes whose principal address is 500 S. Walton Avenue, Tarpon Springs, FL, 34689 and authorize the appropriate officials to execute same. (consent) SUMMARY: Tarpon Springs Housing Authority granted a Gas Utility Easement to the City for real property located in Tarpon Springs (Parcel ID# 18-27-16-47520-000-0001) for the operation and maintenance of natural gas distribution mains. This parcel has undergone site redevelopment, where all buildings were demolished, and the original roads were vacated and new roads were established to serve a new housing development. Unfortunately, the Housing Authority decided to not include natural gas in the new development. As a result, CGS has cut and capped all gas mains and abandoned in-place, as there were no remaining gas accounts. The gas lines had served the former community for over 30 years. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 10/1/2020 [GM15-2064-066/258155/1] Return to: City of Clearwater Clearwater Gas System 777 Maple St. Clearwater, F: 33755 Parcel I.D. No. 18-27-16-47520-000-0001 EASEMENT TERMINATION AND RELEASE THIS EASEMENT TERMINATION AND RELEASE (“Easement Termination”) is given this ______ day of __________ 2020, by the City of Clearwater (“City” or “Grantee”), a Florida Municipal Corporation, whose mailing address is 600 Cleveland Street, Suite 600, Clearwater, Florida 33755 for the benefit of the Tarpon Springs Housing Authority, a public body corporate and politic established pursuant to Chapter 421 of the Florida Statutes, whose principal address is 500 S. Walton Avenue, Tarpon Springs, Florida 34689, (“Grantor”). WHEREAS, the City owns and operates a municipal natural gas company d/b/a Clearwater Gas System; and WHEREAS, the Grantor granted and conveyed to the City of Clearwater, Florida, an easement over, under and across certain land lying and being situate in the County of Pinellas, State of Florida, for the installation and maintenance of a natural gas facilities (the “Gas Utility Easement”); and WHEREAS, Grantee has now, at the request of the Grantor, capped and abandoned the facilities within the Gas Utility Easement; and NOW, THEREFORE, in consideration of ten dollars ($10.00) and other good and valuable consideration in hand paid to the CITY, the receipt of which is hereby acknowledged, and intending to be legally bound, the City hereby agrees as follows: 1.Recitations. The foregoing recitations are true and correct and are incorporated herein by this reference. 2.Termination and Release of Easement. The City hereby terminates, releases and relinquishes all of its right, title and interest in and to that certain Gas Utility Easement granted by Grantor, dated January 15, 2019 and recorded April 9, 2019 in Official Records Book 20493 at Page 791 of the Public Records of Pinellas County, Florida (as more particularly described in Exhibit “A”, attached hereto and incorporated herein). The City hereby acknowledges that the Gas Utility Easement is no longer needed for the purpose intended and that this Easement Termination and Release is in the public interest. Grantor agrees, in consideration for the City’s execution of this Easement Termination and Release, to release and hold the City [GM15-2064-066/258155/1] harmless from and against any and all liability and damages that may arise by virtue of the City’s release of the Easement. 3. Binding Effect. The covenants contained in this Easement Termination and Release are not personal but shall run with the land and shall be binding upon and inure to the benefit of the fee simple title holder of the Property, and their respective heirs, personal representatives, transferees, successors or assigns. The Remainder of this Page Intentionally Left Blank [GM15-2064-066/258155/1] Exhibit “A” [GM15-2064-066/258155/1] [GM15-2064-066/258155/1] Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8265 Agenda Date: 10/1/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.4 SUBJECT/RECOMMENDATION: Authorize award of Invitation to Bid (ITB) 03-20R, Landscaping Maintenance Services: Zone 5 - Northwest, to Average Joe Landscape, LLC for an annual not-to-exceed amount of $95,000 for the period of October 1, 2020 through September 30, 2021, with the option for one one-year term extension and authorize the appropriate officials to execute same. (consent) SUMMARY: On December 19, 2019, Invitation to Bid 03-20 for Landscaping Maintenance Services was awarded by Council. The Scope of Services consisted of eight zones covering 645 properties throughout the City. During the course of the first year of the contract services, Parks and Recreation experienced contractual issues with Gamco Properties that covered Zone 5 - Northwest. After several attempts to rectify, Procurement ultimately canceled the contract and received approval to rebid that section. On August 4, 2020, Invitation to Bid 03-20R for Landscaping Maintenance Services: Zone 5 - Northwest was issued. Vendors were asked to provide landscape maintenance services to the various properties which included one or all of the following services: turf maintenance, palm and tree maintenance, shrub and groundcover maintenance, weed control, mulch maintenance, and litter removal. Council authorization is requested for an annual not-to-exceed award of $95,000 which includes a $10,000.00 contingency for additional properties as they are added to Zone 5, supplemental work that may be requested, annual CPI contract increases, and other contractual management requirements. APPROPRIATION CODE AND AMOUNT: Funds are available in Parks and Recreation cost code 0101867-530300, contractual services, for this contract. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 10/1/2020 v. 11.2018 Procurement Division 100 S Myrtle Ave 33756-5520 PO Box 4748 33758-4748 Clearwater FL 727-562-4633 INVITATION TO BID #03-20R Landscaping Maintenance Services: Zone 5 - Northwest August 4, 2020 NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Clearwater (City) until 10:00 A.M., Local Time, September 3, 2020, to provide Landscaping Maintenance Services: Zone 5 - Northwest. Brief Description: The City of Clearwater seeks a qualified contractor to provide landscaping maintenance services for Zone 5 – Northwest sites. 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 Landscaping Services: Zone 5 - Northwest 2 ITB #03-20R 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: September 3, 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 Landscaping Services: Zone 5 - Northwest 3 ITB #03-20R i.7 BID SUBMITTAL: 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 INSTRUCTIONS Landscaping Services: Zone 5 - Northwest 4 ITB #03-20R brand name, product, is on the bidder. The City reserves the right to reject bids that the City deems unacceptable. 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. INSTRUCTIONS Landscaping Services: Zone 5 - Northwest 5 ITB #03-20R 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 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 Landscaping Services: Zone 5 - Northwest 6 ITB #03-20R 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: August 4, 2020 Advertise Tampa Bay Times: August 5, 2020 Bids due: September 3, 2020 Review bids: September 4-11, 2020 Award recommendation: September 11, 2020 Council authorization: October 1, 2020 Contract begins: October 2020 REFERENCES Landscaping Services: Zone 5 - Northwest 7 ITB #03-20R 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, STANDARD TERMS AND CONDITIONS Landscaping Services: Zone 5 - Northwest 8 ITB #03-20R dispensation, possession, or unlawful use of a controlled substance in the workplace. 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 Landscaping Services: Zone 5 - Northwest 9 ITB #03-20R 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 custodian of public records, in a format that is compatible with the information technology systems of the public agency. STANDARD TERMS AND CONDITIONS Landscaping Services: Zone 5 - Northwest 10 ITB #03-20R 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 Landscaping Services: Zone 5 - Northwest 11 ITB #03-20R 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 Landscaping Services: Zone 5 - Northwest 12 ITB #03-20R 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. STANDARD TERMS AND CONDITIONS Landscaping Services: Zone 5 - Northwest 13 ITB #03-20R 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 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 STANDARD TERMS AND CONDITIONS Landscaping Services: Zone 5 - Northwest 14 ITB #03-20R written to the contract for the addition or deletion of services. Payment will be negotiated and determined by the contract administrator(s). 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 Landscaping Services: Zone 5 - Northwest 15 ITB #03-20R 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. Zone 5 – Northwest is a portion from the previously awarded Invitation to Bid (ITB) 03-20, which was approved by City Council on December 19, 2019. The average combined bid submittal from ITB 03-20 for Zone 5 – Northwest was $80,000. The award methodology will include consideration of contractor capacity and past performance (if applicable) and determination that the Zone Bid is (or is not) reasonable for the work required. 3. SCOPE OF WORK. Work under this contract shall include the furnishing of all labor, material, equipment, supervision, transportation, and other services necessary to perform landscaping maintenance services for Zone 5 - Northwest. Landscaping maintenance services includes, but is not limited to: mowing, edging, and trimming of lawns; removing trash, clippings, and debris from landscape, lawn areas, and hard surfaces (i.e. sidewalks, parking lots, etc.); and the maintenance of plant beds and landscape materials; at designated areas within Zone – 5 Northwest, in the City of Clearwater (City). Throughout the contract term all plant material shall be maintained in a healthy, growing condition equal to or better than conditions at the beginning of the contract. Contractor will work with the Clearwater Parks and Recreation Department (also referred to herein as “P&R”) to coordinate all maintenance activities in this contract and reporting irregularities in the respective work zone. The following documents are part of this ITB:  Exhibit_A_Zone_5_Northwest_Bid_Pricing  Exhibit_B_Landscaping_Maintenance_Services_Calendar  Exhibit_C_Sample_Invoice  Exhibit_D_Zone_5_Northwest_Proprty_Maps The City reserves the right to add and/or delete a location from the contract with thirty days written notice. Payments for services shall be adjusted accordingly based on negotiated cost for a new site, and deduction of bid price for a deleted site. 3.1 Contractor’s Responsibilities 3.1.1 Local Office and Representative(s) Contractor shall maintain a local office within the Tampa Bay Area with a company representative who can be reached during normal business hours and authorized to discuss matters pertaining to the contract with a P&R representative. The Contractor will meet with a representative of the City at least once per month for a complete inspection of the maintained grounds. 3.1.2 Employees All employees of the Contractor shall at all times be considered the sole employees of the Contractor under his/her sole direction and not an employee or agent of the City. All personnel will be skilled in the field in which they work. The Contractor shall provide a list to the City, no later than thirty (30) days after an Intent to Award has been issued, outlining the name(s) of employees and respective task assignments. DETAILED SPECIFICATIONS Landscaping Services: Zone 5 - Northwest 16 ITB #03-20R 3.1.3 Scheduling of Work The Contractor shall perform all maintenance required between the hours of 7:00 A.M. and 7:00 P.M., Monday through Saturday, excluding observed holidays. The P&R department may grant, on an individual basis, permission to perform contract maintenance at other times due to extenuating circumstances. All work must be completed in a continuous manner, whereby the weeding, mowing, edging, trimming, etc., shall all be completed before leaving the job site. The City encourages the disposal of organic plant materials to a certified mulching facility. Landscape Best Management Practices for Pinellas County shall be followed. This is a mandatory training for any person(s) providing landscaping services in Pinellas County. Occasional circumstances (standing water, prolonged inclement weather, parked vehicles, etc.) may make all or portions of a location unserviceable during the regular schedule. The Contractor shall notify the P&R department of such occurrences and shall schedule to perform the required maintenance at the locations as soon as the conditions improve. Completion of Work. The Contractor will notify the P&R Department’s representative assigned to monitor the contract (in person, by phone or via email) of prior week’s completion prior to 8:00 A.M. Monday morning of the new week. Inspection and Approval. Upon receiving notification from the Contractor, the City shall inspect the serviced location the following business day. If, upon inspection, the work specified has not been completed, the City shall contact the Contractor to indicate the necessary corrective measures. The Contractor will be given forty-eight (48) hours from a corrective notification to take appropriate action. Only when work has been completed successfully will the City pay for services. 3.1.4 Repairs to Existing Facilities All portions of the existing structure, facility services, utility roads, and irrigation systems shall always be protected against damage or interrupted service by the Contractor. Any damage to City property as a result of the performance of work by the Contractor, shall be repaired or replaced in- kind and in an approved manner. All work of this kind shall be performed by the Contractor at no cost to the City and shall be as directed by the respective department representative. Repairs to facilities shall be made immediately after damage or alteration occurs unless otherwise directed. The Contractor shall notify the respective department within twenty-four (24) hours after discovery of any damage caused by accident, vandalism, theft, acts of God, or undetermined causes. Such repairs to the existing structures or facilities, including irrigation systems, which are not the result of the Contractor’s work, shall be repaired by the City at no cost to the Contractor. 3.1.5 Safety Requirements and Uniforms The P&R department reserves the right to issue work cease orders to a Contractor when unsafe or harmful acts are observed or reported relative to the performance of work under this contract. All grounds maintenance crews will be required to wear approved company uniform, abide by any and all company OSHA (Occupational Safety and Health Act) safety standards, and conduct themselves in a well-mannered, orderly fashion while on City properties. 3.1.6 Traffic Control and Pedestrian Safety The Contractor is responsible for establishing and maintaining safe work zones in vehicular traffic areas, as well as pedestrian and park user areas. The Contractor shall coordinate maintenance operations in certain high pedestrian use areas and peak time periods with the City (the winter tourist season is generally not an acceptable time to close traffic lanes for maintenance). The P&R Department reserves the right to limit the hours of operation in certain high pedestrian used areas. DETAILED SPECIFICATIONS Landscaping Services: Zone 5 - Northwest 17 ITB #03-20R Two-way traffic shall be maintained at all times through intersections and roadways. Closure is not permitted. The Contractor shall be fully acquainted and comply with City of Clearwater’s safety requirements and Maintenance of Traffic (MOT). Installing Contractor is responsible for all MOT coordination and notification of appropriate agencies. If applicable, the MOT plan must be submitted to and approved by the City prior to partial lane closure and commencement of the work. All necessary lane closures shall be approved by the City’s Traffic Operations Division and Parking Division, a minimum of forty-eight (48) hours in advance of scheduled operations. Any and all proposed traffic control shall conform to the current edition of the Manual on Uniform Traffic Control Devices (MUTCD), the Florida Department of Transportation Roadway and Traffic Design Standards, (600 Series), and the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. The Contractor shall use these guidelines whenever construction equipment is relocated or driven on existing open travel lanes. The Contractor shall position advance-warning signs as appropriate for the existing field conditions. The Contractor shall provide a crew to be responsible to construct, relocate, and maintain all traffic control devices, to cover, add or remove signs as needed, and do all work necessary to maintain a safe work zone. 3.1.7 Hazardous Conditions The Contractor shall maintain all work sites free of hazards to persons and/or property resulting from performance of work. Any hazardous condition noted by the Contractor, which is not a result of performance of work, shall immediately be reported to the P&R department representative. 3.1.8 Failure to Perform Satisfactorily All maintenance shall be performed in a good and workmanlike manner, consistent with trade practices and prevailing industry standards. It is agreed and understood that in the short term, if the Contractor fails to perform the work as specified herein, the P&R Department will only pay for the amount of service received as determined by the representative, with an appropriate downward adjustment in contract price, or may have such work performed by a third party vendor at the expense of the Contractor. 3.1.9 Maintenance Scheduling Each location has been designated a level of service identifying the frequency of maintenance it will receive. Designations are: Level 1P, 2P, 3P; Level 1G, 2G, and 3G, etc. The specific level of service and scheduling is established by the City. Monthly visits should occur within the designated week, as identified in Exhibit B, Landscaping Maintenance Services Calendar unless approved by the P&R Department. The City reserves the right to increase or decrease the number of visits based on local conditions or other variables and such change(s) will be reflected in a base bid adjustment. The Contractor will adhere to the work schedule provided by the City (Exhibit B, Landscaping Maintenance Services Calendar). Authorized representatives of both parties must approve any variations to that schedule in writing. 3.2 Work Specifications. The Contractor shall provide the following full scope of services at each designated location during each scheduled visit. ALL services are required – the variance is only in frequency and schedule for each location. 3.2.1 Litter Removal Cleaning of the entire grounds shall be performed as part of regular maintenance. During each scheduled maintenance visit, remove trash and debris from the site. Properly dispose of the trash and debris, including cigarette butts, loose paper, and other bits of small debris. All paper, trash, leaves, twigs, branches, dead plants, trimmings, pruning and other objectionable materials shall be DETAILED SPECIFICATIONS Landscaping Services: Zone 5 - Northwest 18 ITB #03-20R picked up and removed from all landscape areas as well as adjacent parking lots, driveways, underside of bridges, pedestrian bridge, sidewalks and entrances within the site limits. Remove all debris, which accumulates in the corners of the parking lots and besides parking stops. Remove all broken glass that is present in parking lot and on walkways, curbs, or other hard surfaces. All sand, gravel, and soils shall be thoroughly cleaned, swept or blown off all pavements adjacent to maintenance areas and disposed of properly off site. The Contractor shall not allow landscape debris and trash to accumulate in any area. All parking lots shall be cleaned of debris on each service event, preferably when a minimal number of cars are parked in the lots. All waste materials generated by the Contractor’s operations will be disposed of properly off-site. Under no circumstances will trash or debris be swept in or disposed of in catch basins, drainpipes, storm drains or open culverts of storm sewers. Extraordinary amounts of debris caused by hurricanes, tornadoes, vandalism, special events or roadside dumping will not be the responsibility of the Contractor and removal may be requested by the City as additional services. The Contractor should report such accumulations of debris when encountered. Quotations for any extraordinary cleanup from the Contractor will be considered. 3.2.2 Turf Maintenance Lawn mower blades shall be clean, kept sharp, and well-adjusted to provide a clean cut. No more than one-third (1/3) of the total grass blade shall be removed per mowing, while cutting grass too closely (scalping) shall be avoided. Mowing patterns shall be changed regularly to avoid rutting. Use small mowers for difficult or tight areas where larger commercial mowing units cannot maneuver. Turf areas shall be maintained at the appropriate height indicated below: TURFGRASS MOWING HEIGHT St. Augustine Three (3) to four (4) inches* Bahia Three (3) to four (4) inches* *Higher cutting heights to be used during dry conditions Mowing shall be done optimally when the grass is dry; however, mowing wet turf is acceptable. Bagging is not required, and grass clippings can be left on the grass so long as no readily visible clumps remain on the grass surface after mowing. If clippings are excessive or diseased, they shall be removed after mowing to enhance overall turf appearance and to prevent matting, clumping, and thatch buildup. In the case of fungal disease outbreaks, clippings will be collected and disposed of offsite until the disease is controlled. The Contractor will clean all clippings, dirt and debris from sidewalks, curbs, storm drains, valve boxes and roadways after mowing and/or edging. Mowers should not direct discharge into the street or landscape beds, unless unavoidable. Approved deflector chutes must be attached on the discharge points of the mower. Clippings, dirt, and debris will not be swept, blown or otherwise disposed of in any landscaped bed areas, roadways, sewer drains, catch basins, drain pipes, storm drains or open culverts of storm sewers. The final appearance after mowing shall present a neat appearance. In the event that the turf becomes sparse or barren due to neglect by the Contractor, the Contractor shall repair or replace sod to meet its previous healthy condition at no additional cost to the City. Turf areas shall be kept at all times as green and healthy as possible, while maintaining a high level of appearance. Care shall be taken with mowing equipment to avoid obstructions such as trees, shrubs, utility boxes, signage, buildings, etc. Contractor shall be responsible for damage caused by its operations. DETAILED SPECIFICATIONS Landscaping Services: Zone 5 - Northwest 19 ITB #03-20R Seeding and sodding is not a requirement of this Invitation to Bid. Such work may result in an additional charge to the contract, based on a request from the City for quotations and must be approved by the City in writing. Turf edging shall be performed at the same frequency as mowing and shall include walks, drives, curbs, planting bed perimeters, tree rings, storm drains, valve boxes, bollards, air reliefs, and other structures that accumulate grass around them. String trimming is not to be performed against the base of any tree or shrub. Isolated trees and shrubs growing in lawn areas require a mulched buffer area around the base of the plant to avoid bark injury from mowers and to reduce root competition from turfgrass (minimum one (1) foot radius from edge of trunk or shrub drip line). Grass adjacent to all valve boxes and quick couplers shall be trimmed to maintain a clean appearance. Grass adjacent to structures, poles, etc. that cannot be serviced by standard mowing procedures, shall be regularly trimmed using a line trimmer to eliminate uneven edges or an approved herbicide may be used to create a buffer around infrastructure and trees. Herbicides shall not be used as an "edger" adjacent to walks and curbs but may be used around shrubs and trees by a certified applicator with the written approval of the City. 3.2.3 Palm Maintenance Palm Pruning is required to regularly remove dead fronds and sucker growth to provide an attractive and clean trunk as characteristic of each particular palm species, limited to fronds reachable under twelve (12) feet high. Remove dead or unsightly fronds and seed heads from palms. No green palm fronds shall be removed unless the foliage is interfering with access for pedestrians, bike riders or vehicular traffic. Dead, yellowing or unsightly fronds should be removed as needed in routine maintenance. The objective is to retain the arching form of the fronds. Care shall be taken not to cause trauma or damage to the bud during pruning. Saws shall be sterilized, using standard ISA sterilization protocols, between each Phoenix dactlyifera ‘Medjool’ palms as to not cross contaminate other trees. Remove only the dead descending fronds below the “9-to-3 o’clock” horizontal line; only palms dead or yellowing shall be removed above the “9-to-3 o’clock” horizontal line under twelve (12) feet high. No spikes or sharp objects are to be used that would penetrate the trunk during pruning; ladders or “cherry picker” type vehicles shall be used to accomplish this task. Palm trunks shall be maintained with a neat, rounded classic cut on all boots. All dead and/or pruned fronds, seeds, seed heads and suckers are to be removed from the site the same day and disposed of properly by the Contractor. Contractor shall be responsible for removing any fronds that are nicked by the saws but do not drop until later. Additionally, palms should be routinely checked for signs of distress or disease in the trunks, buds or fronds. Any evidence of disease affecting the palms is to be promptly reported to the respective department representative. In the event an extraordinary amount of debris caused by severe storm damage, hurricanes, tornadoes or vandalism; clean up and removal of all fallen or broken palm tree branches shall be the responsibility of the City. The Contractor shall notify the City of any large amounts of debris. Such work may result in a request from the City for quotations and must be approved by the City in writing. 3.2.4 Shrub and Groundcover Maintenance Pruning is defined as the selective elimination of branches to maintain or improve the size or shape of a plant. Trimming is defined for shrubs and ground cover as cutting of the overall tips of a plant to give a smooth, squared, hedge-like appearance. The growth characteristics of some plant species require pruning; others require trimming to look their best. All plant materials shall be maintained in a neat, well-manicured fashion at all times. All shrubs and ground covers shall be pruned to maintain the suitable size and character of the plant. No shrubs or groundcovers shall be allowed to grow above the Florida Department of Transportation (FDOT) "Clear Sight Window" criteria when in sight visibility triangle. Plants that have a natural "unpruned" form should be selectively pruned, except for removal of dead or damaged branches and leaves or to maintain a certain height required by the plant material usage. These shrubs will be pruned with hand shears as needed to provide an informal shape, DETAILED SPECIFICATIONS Landscaping Services: Zone 5 - Northwest 20 ITB #03-20R fullness and bloom. Examples of these types of plants are Parson's Juniper, Bird of Paradise, Crinum Lily, Cardboard Palm, King Sago, Heavenly Bamboo, Split- Leaf Philodendron, Red Fountain Grass and Schefflera. Plants used as linear hedges or borders should be trimmed squarely with top of hedge slightly narrower than the bottom to facilitate exposure to sun and prevent heavy shading of lower foliage. Use a "rounding" method when the hedge forms the bordering edge of a serpentine bed design, in which case round only vertical faces of border. As new foliage fills in, remove excessively long branches to encourage fullness and good shape. Examples of these types of plants are Pittosporum, Podocarpus, Silverthorn, Oleander, Boxthorn, Viburnum and Indian Hawthorn. Groundcover species shall be confined within the perimeter of the planting bed and shall be maintained a minimum of twelve (12) inches away from building structures. Groundcovers shall be edged and maintained along all hardscapes with each site visit. Supplemental top shearing may be required to present a neat appearance. In addition, all climbing vine-like groundcovers shall not climb up through other plant species within planting bed or structures, unless specified by the City of Clearwater. Examples of groundcover types include Confederate Jasmine, Lantana, Liriope, Aztec grass, Ivy, Ornamental Sweet Potato and Perennial Peanut. During the growing season (March-October), all high maintenance shrubs and groundcovers may require additional trimming during each visit. All low maintenance shrubs and groundcovers will be trimmed as needed. During the winter season (November-February) all shrubs and groundcovers shall be trimmed as needed to maintain a neat appearance. Ornamental grass species shall be renewal pruned down to eight (8) to twelve (12) inches in height in late February each year. Perennial Peanut shall be maintained between three (3) to six (6) inches in height and shall be mowed and/or line trimmed during one (1) monthly visit in the months of April, June, and August, or unless changed by the request of the respective department representative. Do not trim or shear shrubs into topiary forms unless specifically requested by the City. Allow shrubs to form a dense mass of plants at the height determined by the City. 3.2.5 Weed Control in Landscaped Areas The Contractor shall monitor the landscape for weeds at each scheduled service visit. All planting beds and tree rings are to be kept weed-free throughout the year to avoid competition with desirable plants, as well as to enhance the appearance of the overall design. All weeds shall be removed from landscape beds and properly disposed from the site, on the same day by the Contractor. Undesirable weed species shall be removed by hand or through chemical applications using City approved products according to manufacturer's recommendations and label instructions. Chemical products such as a selective, non-selective or a pre-emergent approved by the Environmental Protection Agency may be used for weed control with the City’s approval. Approved herbicide treatment shall be applied by an experienced applicator under the direct supervision of a licensed, certified pest control professional and only with the City’s approval. Weeds, which have been chemically treated, shall be removed from the landscape after overall plant color quality has changed from green to yellow. Should these chemicals damage any desirable plant material, including sod, the Contractor at no cost to the City, shall immediately replace the same size, quantity and quality of plants. "Volunteers", invasive plants and trees which germinated from seeds dropped by birds or spread by wind in a planting bed and are not of the same species, shall be declared and removed like a weed, including the roots through treatment or hand removal methods. Weeds on hardscapes such as walkways, permanent and temporary parking lots, adjacent public and private roadways, pavement cracks and any other paved areas, including rights-of-way and adjacent work areas within the contract limits, shall be removed by hand or chemically killed and removed with each service. DETAILED SPECIFICATIONS Landscaping Services: Zone 5 - Northwest 21 ITB #03-20R 3.2.6 Fertilization Program The Contractor shall perform routine inspections during site visits and notify City staff of any findings – to include but not limited to: stressed plants, dying sod, etc. – which require the City’s attention. Fertilizer shall be applied by City staff. 3.2.7 Diseases and Pests The Contractor shall practice Integrated Pest Management (I.P.M.) to control insects and diseases at each site. Upon confirmation of a specific problem requiring treatment, the Contractor shall report to the City the proposed treatment. Fire ants and wasps, as well as any other damaging or health-endangering pest, will be treated promptly by the Contractor so as not to present a hazard. If the population appears to be too large for an application, it must be reported to the City for prompt treatment. The City will make alternative arrangements for any bee removal necessary. All damage occurring from improper or careless application of chemicals shall be the responsibility of the Contractor. Turf. The Contractor shall inspect turf each visit for indications of pest infestation. Diagnosis and any specific treatments shall be submitted in writing or by phone to the City for approval prior to application. Treatment program of turf areas shall be on a site-specific basis, which extends beyond the boundaries of the infestation by 25% of the area's diameter. Trees, Shrubs and Groundcovers. Any abnormalities in trees, shrubs, and groundcovers shall be brought to the attention of the City staff so that appropriate treatment measures can be applied. Palms. During the site maintenance visit if there are any signs of a disease, the City shall be promptly notified including a location map of the palm, whereby the city shall direct appropriate action on a case-by-case basis. Every precaution will be made to contain the disease and keep it from spreading to other palms. While pruning smaller palms, proper care and procedures with equipment and maintenance will be in accordance with the University of Florida Cooperative Extension Service recommendations. This will include the cleansing of tools through use of a soap detergent or alcohol. 3.2.8 Insecticide Maintenance The Contractor may remove and dispose of wasps and other subterranean insects in plant materials, on the ground, or on-site structures/furnishings. 3.2.9 Irrigation Maintenance Any visual evidence of damaged or defective irrigation shall be promptly reported to the City by phone so that a timely repair can be made. The Contractor is required to promptly notify the City of any dry spots found in the turf. 3.2.10 Mulch Maintenance The Contractor shall notify the City if the level of mulch or condition of mulch in any particular area has deteriorated. The Contractor will maintain the mulch to be free of weeds around individual trees, shrubs and palms in turf areas. The City may at its option request a quote for mulching applications from the Contractor, for which the City would provide the mulch. 3.2.11 Inspections Each site should be checked for irregularities, such as irrigation leaks, vehicle damage, dead turf or plant material, heavy insect infestations (especially fire ants), vandalism, etc., and any findings should be promptly reported to the P&R Department representative. DETAILED SPECIFICATIONS Landscaping Services: Zone 5 - Northwest 22 ITB #03-20R The Contractor will assist the City by reporting vandalism, graffiti, damage or need of repair/refurbishing of public and private property, such as for traffic or directory signs, structures, site furnishings, monuments, fences, lighting, utilities and paving. The Contractor will be responsive to special conditions or unexpected problems that may occur during the contract term. The City expects the full cooperation and prompt response by the Contractor. The Contractor may be requested to provide additional services, such as seasonal flowers and plants for various occasions and functions within the City. Such work would be requested by quote and must be approved by the City in writing. 4. MINIMUM QUALIFICATIONS. The Contractor Owner/Principal must have a minimum of three (3) years demonstrated experience with commercial or institutional landscaping services (this requirement is applicable to the “person”, not the company). References. Three (3) references are required for whom the Contractor has performed similar work, preferably for a public agency of similar size, preferably in the Tampa Bay region in the last five (5) years. Staff Certifications. The Contractor is required to have one (1) or more permanent full- time commercial limited lawn and ornamental applicators on staff and shall provide to the city a copy of their Department of Agriculture Pesticide Applicators License. The Contractor will also provide a list to the City containing the names, license or certificate number, and expiration date, for permanent (full-time) staff members who are ISA Certified Arborists, Florida Certified Horticulture Professionals, Landscape Best Management Practices for Pinellas County (BMP) Certified, or GI-BMP (Green Industries) Certified. Equipment. Contractor shall include a list of equipment to be used in the performance of this contract. Such equipment must be available for inspection by the Landscape Maintenance Manager, or designee, prior to award of the contract, and at any time during the contract term. Vehicles. All Contractor vehicles on City properties must have their company name and telephone number visible. 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. DETAILED SPECIFICATIONS Landscaping Services: Zone 5 - Northwest 23 ITB #03-20R 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. 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 #03-20R 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 Landscaping Services: Zone 5 - Northwest 24 ITB #03-20R 1. BEGINNING AND END DATE OF INITIAL TERM. October 2020 through September 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. One (1), one (1) year renewal 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 that the City increase the prices for an amount for no more than the twelve month change in the Consumer Price Index for All Urban Consumers (CPI-U), US City Average, All Items, Not Seasonally Adjusted as published by the U.S. Department of Labor, Bureau of Labor Statistics (http://www.bls.gov/ppi/home.htm). The City shall review the request for adjustment and respond in writing; such response and approval shall not be unreasonably withheld. At the end of the initial term, pricing may be adjusted for amounts other than inflation based on mutual agreement of the parties after review of appropriate documentation. Renewal prices shall be firm for at least one year, and may be adjusted thereafter as outlined in the previous paragraph. No fuel surcharges will be accepted. BID SUBMISSION Landscaping Services: Zone 5 - Northwest 25 ITB #03-20R 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 Exhibit_A_ Zone_5_Northwest_Bid_Pricing spreadsheet shall be submitted in Excel format Exceptions/Additional Materials/Addenda form Vendor Information form Scrutinized Companies form Offer Certification form Reference Form: Minimum of three (3) Copies of applicable Certificate(s) and License(s) held by Contractor staff Current Equipment List W-9 Form to be provided by Bidder (http://www.irs.gov/pub/irs-pdf/fw9.pdf) BID PRICING Landscaping Services: Zone 5 - Northwest 26 ITB #03-20R BIDDING INSTRUCTIONS: A valid bid requires that bid pricing be entered on the protected Excel worksheet that is provided as Exhibit A: Zone 5 - Northwest Bid Pricing; no other pricing format will be accepted. As (B) Per Service Cost on the spreadsheet is populated with pricing the imbedded formulas will calculate (C) Annual Cost Per Property.  Zone 5 - Northwest, sites NW001 - NW176  EVERY SITE within the zone must be priced for a valid “bid zone”.  A partial zone bid will be deemed non-responsive.  Award methodology will include consideration of vendor capacity and past performance (if applicable).  Vendor signature on this page is required to indicate an understanding of the pricing structure set forth, the City’s intended award strategy, and validation of the pricing submitted. PAYMENT TERMS: City of Clearwater’s standard payment terms are NET30 Vendor: _________________________________________ Date: _______________________________ EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA Landscaping Services: Zone 5 - Northwest 27 ITB #03-20R 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 Landscaping Services: Zone 5 - Northwest 28 ITB #03-20R 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 Landscaping Services: Zone 5 - Northwest 29 ITB #03-20R 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 OFFER CERTIFICATION Landscaping Services: Zone 5 - Northwest 30 ITB #03-20R 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 Landscaping Services: Zone 5 - Northwest 31 ITB #03-20R Instructions: The bidder shall submit a minimum of three (3) customer references for which the Contractor has performed similar work, preferably for a public agency of similar size, preferably in the Tampa Bay region in the last five (5) years. Additional pages may be added, if needed. Complete and return with bid submittal. Reference # 1 Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Email: Phone: Fax: Notes: Reference # 2 Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Email: Phone: Fax: Notes: Reference # 3 Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Email: Phone: Fax: Notes: Vendor Name Date: MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER Landscaping Services: Zone 5 - Northwest 32 ITB #03-20R --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED BID Submitted by: Company Name: Address: City, State, Zip: ITB #03-20R, Landscaping Maintenance Services: Zone 5 - Northwest Due Date: September 3, 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 #03-20R, Landscaping Maintenance Services: Zone 5 - Northwest Due Date: September 3, 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 CITY OF CLEARWATER ITB # 03-20R, Landscaping Maintenance Services: Zone 5 - Northwest DUE DATE: September 3, 2020; 10:00 AM BID TABULATION VENDOR TOTAL BID PRICE Average Joe Landscape, LLC 84,443.18$ MMM Property Maintenance 87,000.00$ Natural Designs Landscaping 167,869.00$ NOTE: Items with a star ( ) indicates intent to award. CITY OF CLEARWATER ITB # 03-20R, Landscaping Maintenance Services: Zone 5 - Northwest NOTE: Highlighted Cell indicates a calculation correction. DUE DATE: September 3, 2020; 10:00 AM BID TABULATION Property Reference (A) Annual Service Quantity (B) Per Service Cost (AxB=C) Annual Coast Per Property Unit Price (UOM) Total Price Unit Price (UOM) Total Price NW001 - $ - $ - $ - $ - $ - $ - NW002 28 100.00 $ $ 2,800.00 20.00$ $ 560.00 130.00$ $ 3,640.00 NW003 42 135.00 $ $ 5,670.00 20.00$ $ 840.00 291.00$ $ 12,222.00 NW004 24 100.00 $ $ 2,400.00 100.00$ $ 2,400.00 110.00$ $ 2,640.00 NW005 17 20.00 $ $ 340.00 20.00$ $ 340.00 80.00$ $ 1,360.00 NW006 17 20.00 $ $ 340.00 100.00$ $ 1,700.00 110.00$ $ 1,870.00 NW007 17 30.00 $ $ 510.00 50.00$ $ 850.00 50.00$ $ 850.00 NW008 24 50.00 $ $ 1,200.00 10.00$ $ 240.00 110.00$ $ 2,640.00 NW009 28 100.00 $ $ 2,800.00 50.00$ $ 1,400.00 260.00$ $ 7,280.00 NW010 42 150.00 $ $ 6,300.00 15.00$ $ 630.00 291.00$ $ 12,222.00 NW011 17 20.00 $ $ 340.00 10.00$ $ 170.00 40.00$ $ 680.00 NW012 28 50.00 $ $ 1,400.00 10.00$ $ 280.00 65.00$ $ 1,820.00 NW013 28 30.00 $ $ 840.00 10.00$ $ 280.00 35.00$ $ 980.00 NW014 18 20.00 $ $ 360.00 10.00$ $ 180.00 210.00$ $ 3,780.00 NW015 28 75.00 $ $ 2,100.00 10.00$ $ 280.00 191.00$ $ 5,348.00 NW016 28 100.00 $ $ 2,800.00 75.00$ $ 2,100.00 191.00$ $ 5,348.00 NW017 18 20.00 $ $ 360.00 10.00$ $ 180.00 40.00$ $ 720.00 NW018 18 20.00 $ $ 360.00 10.00$ $ 180.00 40.00$ $ 720.00 NW019 18 20.00 $ $ 360.00 10.00$ $ 180.00 25.00$ $ 450.00 Avererage Joe Landscape, LLC MMM Property Maintenance Natural Designs Landscaping NW020 18 20.00 $ $ 360.00 75.00$ $ 1,350.00 40.00$ $ 720.00 NW021 28 50.00 $ $ 1,400.00 50.00$ $ 1,400.00 23.00$ $ 644.00 NW022 17 20.00 $ $ 340.00 10.00$ $ 170.00 40.00$ $ 680.00 NW023 18 50.00 $ $ 900.00 100.00$ $ 1,800.00 140.00$ $ 2,520.00 NW024 18 150.00 $ $ 2,700.00 50.00$ $ 900.00 210.00$ $ 3,780.00 NW025 17 20.00 $ $ 340.00 10.00$ $ 170.00 25.00$ $ 425.00 NW026 28 50.00 $ $ 1,400.00 50.00$ $ 1,400.00 40.00$ $ 1,120.00 NW027 18 20.00 $ $ 360.00 10.00$ $ 180.00 25.00$ $ 450.00 NW028 18 20.00 $ $ 360.00 10.00$ $ 180.00 35.00$ $ 630.00 NW029 17 20.00 $ $ 340.00 10.00$ $ 170.00 25.00$ $ 425.00 NW030 17 30.00 $ $ 510.00 10.00$ $ 170.00 50.00$ $ 850.00 NW031 17 20.00 $ $ 340.00 10.00$ $ 170.00 25.00$ $ 425.00 NW032 -- $ - $ -$ $ - -$ $ - NW033 -- $ - $ -$ $ - -$ $ - NW034 18 0.01 $ $ 0.18 50.00$ $ 900.00 35.00$ $ 630.00 NW035 17 10.00 $ $ 170.00 15.00$ $ 255.00 40.00$ $ 680.00 NW036 17 10.00 $ $ 170.00 15.00$ $ 255.00 40.00$ $ 680.00 NW037 17 5.00 $ $ 85.00 15.00$ $ 255.00 40.00$ $ 680.00 NW038 17 10.00 $ $ 170.00 15.00$ $ 255.00 40.00$ $ 680.00 NW039 17 5.00 $ $ 85.00 15.00$ $ 255.00 40.00$ $ 680.00 NW040 17 10.00 $ $ 170.00 15.00$ $ 255.00 25.00$ $ 425.00 NW041 17 10.00 $ $ 170.00 15.00$ $ 255.00 25.00$ $ 425.00 NW042 18 15.00 $ $ 270.00 50.00$ $ 900.00 25.00$ $ 450.00 NW043 17 20.00 $ $ 340.00 20.00$ $ 340.00 25.00$ $ 425.00 NW044 17 12.00 $ $ 204.00 20.00$ $ 340.00 25.00$ $ 425.00 NW045 18 15.00 $ $ 270.00 20.00$ $ 360.00 25.00$ $ 450.00 NW046 17 40.00 $ $ 680.00 20.00$ $ 340.00 36.00$ $ 612.00 NW047 17 40.00 $ $ 680.00 20.00$ $ 340.00 36.00$ $ 612.00 NW048 17 15.00 $ $ 255.00 20.00$ $ 340.00 25.00$ $ 425.00 NW049 17 10.00 $ $ 170.00 20.00$ $ 340.00 25.00$ $ 425.00 NW050 17 20.00 $ $ 340.00 20.00$ $ 340.00 25.00$ $ 425.00 NW051 17 20.00 $ $ 340.00 20.00$ $ 340.00 25.00$ $ 425.00 NW052 17 25.00 $ $ 425.00 50.00$ $ 850.00 36.00$ $ 612.00 NW053 17 15.00 $ $ 255.00 20.00$ $ 340.00 25.00$ $ 425.00 NW054 17 15.00 $ $ 255.00 20.00$ $ 340.00 25.00$ $ 425.00 NW055 17 10.00 $ $ 170.00 20.00$ $ 340.00 25.00$ $ 425.00 NW056 17 20.00 $ $ 340.00 20.00$ $ 340.00 25.00$ $ 425.00 NW057 17 20.00 $ $ 340.00 20.00$ $ 340.00 25.00$ $ 425.00 NW058 24 45.00 $ $ 1,080.00 50.00$ $ 1,200.00 27.00$ $ 648.00 NW059 24 30.00 $ $ 720.00 50.00$ $ 1,200.00 27.00$ $ 648.00 NW060 24 20.00 $ $ 480.00 50.00$ $ 1,200.00 19.00$ $ 456.00 NW061 17 15.00 $ $ 255.00 20.00$ $ 340.00 25.00$ $ 425.00 NW062 17 15.00 $ $ 255.00 20.00$ $ 340.00 25.00$ $ 425.00 NW063 17 20.00 $ $ 340.00 20.00$ $ 340.00 25.00$ $ 425.00 NW064 17 15.00 $ $ 255.00 20.00$ $ 340.00 25.00$ $ 425.00 NW065 24 8.00 $ $ 192.00 15.00$ $ 360.00 19.00$ $ 456.00 NW066 24 8.00 $ $ 192.00 15.00$ $ 360.00 19.00$ $ 456.00 NW067 24 8.00 $ $ 192.00 15.00$ $ 360.00 19.00$ $ 456.00 NW068 24 8.00 $ $ 192.00 15.00$ $ 360.00 19.00$ $ 456.00 NW069 24 8.00 $ $ 192.00 15.00$ $ 360.00 19.00$ $ 456.00 NW070 24 8.00 $ $ 192.00 15.00$ $ 360.00 19.00$ $ 456.00 NW071 24 8.00 $ $ 192.00 15.00$ $ 360.00 19.00$ $ 456.00 NW072 24 8.00 $ $ 192.00 15.00$ $ 360.00 19.00$ $ 456.00 NW073 24 8.00 $ $ 192.00 15.00$ $ 360.00 19.00$ $ 456.00 NW074 24 8.00 $ $ 192.00 20.00$ $ 480.00 19.00$ $ 456.00 NW075 24 8.00 $ $ 192.00 20.00$ $ 480.00 19.00$ $ 456.00 NW076 24 8.00 $ $ 192.00 20.00$ $ 480.00 19.00$ $ 456.00 NW077 24 8.00 $ $ 192.00 15.00$ $ 360.00 19.00$ $ 456.00 NW078 24 8.00 $ $ 192.00 15.00$ $ 360.00 19.00$ $ 456.00 NW079 24 8.00 $ $ 192.00 15.00$ $ 360.00 19.00$ $ 456.00 NW080 24 8.00 $ $ 192.00 15.00$ $ 360.00 19.00$ $ 456.00 NW081 24 30.00 $ $ 720.00 50.00$ $ 1,200.00 19.00$ $ 456.00 NW082 24 8.00 $ $ 192.00 10.00$ $ 240.00 19.00$ $ 456.00 NW083 24 8.00 $ $ 192.00 10.00$ $ 240.00 19.00$ $ 456.00 NW084 24 8.00 $ $ 192.00 10.00$ $ 240.00 19.00$ $ 456.00 NW085 17 8.00 $ $ 136.00 10.00$ $ 170.00 25.00$ $ 425.00 NW086 24 8.00 $ $ 192.00 10.00$ $ 240.00 19.00$ $ 456.00 NW087 24 8.00 $ $ 192.00 10.00$ $ 240.00 19.00$ $ 456.00 NW088 24 8.00 $ $ 192.00 10.00$ $ 240.00 36.00$ $ 864.00 NW089 24 8.00 $ $ 192.00 40.00$ $ 960.00 45.00$ $ 1,080.00 NW090 24 8.00 $ $ 192.00 10.00$ $ 240.00 19.00$ $ 456.00 NW091 24 8.00 $ $ 192.00 10.00$ $ 240.00 19.00$ $ 456.00 NW092 24 8.00 $ $ 192.00 50.00$ $ 1,200.00 19.00$ $ 456.00 NW093 24 8.00 $ $ 192.00 10.00$ $ 240.00 19.00$ $ 456.00 NW094 24 8.00 $ $ 192.00 10.00$ $ 240.00 19.00$ $ 456.00 NW095 24 8.00 $ $ 192.00 10.00$ $ 240.00 19.00$ $ 456.00 NW096 24 15.00 $ $ 360.00 10.00$ $ 240.00 19.00$ $ 456.00 NW097 24 8.00 $ $ 192.00 10.00$ $ 240.00 27.00$ $ 648.00 NW098 17 30.00 $ $ 510.00 10.00$ $ 170.00 25.00$ $ 425.00 NW099 24 8.00 $ $ 192.00 10.00$ $ 240.00 45.00$ $ 1,080.00 NW100 24 8.00 $ $ 192.00 10.00$ $ 240.00 19.00$ $ 456.00 NW101 24 8.00 $ $ 192.00 10.00$ $ 240.00 19.00$ $ 456.00 NW102 24 8.00 $ $ 192.00 10.00$ $ 240.00 19.00$ $ 456.00 NW103 24 8.00 $ $ 192.00 10.00$ $ 240.00 19.00$ $ 456.00 NW104 24 8.00 $ $ 192.00 10.00$ $ 240.00 19.00$ $ 456.00 NW105 24 8.00 $ $ 192.00 10.00$ $ 240.00 19.00$ $ 456.00 NW106 24 8.00 $ $ 192.00 10.00$ $ 240.00 19.00$ $ 456.00 NW107 24 8.00 $ $ 192.00 10.00$ $ 240.00 19.00$ $ 456.00 NW108 24 8.00 $ $ 192.00 25.00$ $ 600.00 19.00$ $ 456.00 NW109 24 8.00 $ $ 192.00 25.00$ $ 600.00 19.00$ $ 456.00 NW110 24 8.00 $ $ 192.00 25.00$ $ 600.00 19.00$ $ 456.00 NW111 24 8.00 $ $ 192.00 25.00$ $ 600.00 19.00$ $ 456.00 NW112 24 8.00 $ $ 192.00 25.00$ $ 600.00 19.00$ $ 456.00 NW113 24 8.00 $ $ 192.00 25.00$ $ 600.00 19.00$ $ 456.00 NW114 24 25.00 $ $ 600.00 25.00$ $ 600.00 35.00$ $ 840.00 NW115 24 8.00 $ $ 192.00 15.00$ $ 360.00 19.00$ $ 456.00 NW116 24 8.00 $ $ 192.00 15.00$ $ 360.00 19.00$ $ 456.00 NW117 17 10.00 $ $ 170.00 10.00$ $ 170.00 36.00$ $ 612.00 NW118 17 8.00 $ $ 136.00 10.00$ $ 170.00 50.00$ $ 850.00 NW119 17 15.00 $ $ 255.00 10.00$ $ 170.00 25.00$ $ 425.00 NW120 17 15.00 $ $ 255.00 10.00$ $ 170.00 36.00$ $ 612.00 NW121 17 15.00 $ $ 255.00 10.00$ $ 170.00 50.00$ $ 850.00 NW122 17 15.00 $ $ 255.00 10.00$ $ 170.00 50.00$ $ 850.00 NW123 17 15.00 $ $ 255.00 10.00$ $ 170.00 50.00$ $ 850.00 NW124 17 10.00 $ $ 170.00 10.00$ $ 170.00 50.00$ $ 850.00 NW125 17 10.00 $ $ 170.00 10.00$ $ 170.00 50.00$ $ 850.00 NW126 17 20.00 $ $ 340.00 10.00$ $ 170.00 50.00$ $ 850.00 NW127 17 15.00 $ $ 255.00 10.00$ $ 170.00 36.00$ $ 612.00 NW128 17 10.00 $ $ 170.00 10.00$ $ 170.00 36.00$ $ 612.00 NW129 17 10.00 $ $ 170.00 10.00$ $ 170.00 36.00$ $ 612.00 NW130 17 10.00 $ $ 170.00 10.00$ $ 170.00 25.00$ $ 425.00 NW131 17 8.00 $ $ 136.00 10.00$ $ 170.00 25.00$ $ 425.00 NW132 17 150.00 $ $ 2,550.00 10.00$ $ 170.00 25.00$ $ 425.00 NW133 17 20.00 $ $ 340.00 30.00$ $ 510.00 50.00$ $ 850.00 NW134 17 100.00 $ $ 1,700.00 50.00$ $ 850.00 150.00$ $ 2,550.00 NW135 24 10.00 $ $ 240.00 50.00$ $ 1,200.00 45.25$ $ 1,086.00 NW136 24 10.00 $ $ 240.00 50.00$ $ 1,200.00 19.00$ $ 456.00 NW137 24 10.00 $ $ 240.00 50.00$ $ 1,200.00 19.00$ $ 456.00 NW138 24 10.00 $ $ 240.00 50.00$ $ 1,200.00 19.00$ $ 456.00 NW139 24 10.00 $ $ 240.00 50.00$ $ 1,200.00 45.00$ $ 1,080.00 NW140 17 8.00 $ $ 136.00 10.00$ $ 170.00 21.00$ $ 357.00 NW141 17 50.00 $ $ 850.00 10.00$ $ 170.00 50.00$ $ 850.00 NW142 17 50.00 $ $ 850.00 10.00$ $ 170.00 50.00$ $ 850.00 NW143 17 15.00 $ $ 255.00 10.00$ $ 170.00 50.00$ $ 850.00 NW144 17 15.00 $ $ 255.00 10.00$ $ 170.00 50.00$ $ 850.00 NW145 24 8.00 $ $ 192.00 10.00$ $ 240.00 19.00$ $ 456.00 NW146 24 8.00 $ $ 192.00 10.00$ $ 240.00 35.00$ $ 840.00 NW147 24 8.00 $ $ 192.00 10.00$ $ 240.00 19.00$ $ 456.00 NW148 24 8.00 $ $ 192.00 10.00$ $ 240.00 19.00$ $ 456.00 NW149 24 8.00 $ $ 192.00 10.00$ $ 240.00 19.00$ $ 456.00 NW150 24 8.00 $ $ 192.00 10.00$ $ 240.00 35.00$ $ 840.00 NW151 24 8.00 $ $ 192.00 10.00$ $ 240.00 19.00$ $ 456.00 NW152 24 8.00 $ $ 192.00 10.00$ $ 240.00 19.00$ $ 456.00 NW153 24 8.00 $ $ 192.00 10.00$ $ 240.00 19.00$ $ 456.00 NW154 24 8.00 $ $ 192.00 10.00$ $ 240.00 25.00$ $ 600.00 NW155 24 8.00 $ $ 192.00 10.00$ $ 240.00 19.00$ $ 456.00 NW156 24 8.00 $ $ 192.00 10.00$ $ 240.00 19.00$ $ 456.00 NW157 24 8.00 $ $ 192.00 15.00$ $ 360.00 19.00$ $ 456.00 NW158 24 8.00 $ $ 192.00 15.00$ $ 360.00 19.00$ $ 456.00 NW159 24 8.00 $ $ 192.00 15.00$ $ 360.00 19.00$ $ 456.00 NW160 24 8.00 $ $ 192.00 15.00$ $ 360.00 19.00$ $ 456.00 NW161 24 8.00 $ $ 192.00 15.00$ $ 360.00 19.00$ $ 456.00 NW162 24 8.00 $ $ 192.00 15.00$ $ 360.00 19.00$ $ 456.00 NW163 24 8.00 $ $ 192.00 15.00$ $ 360.00 19.00$ $ 456.00 NW164 24 8.00 $ $ 192.00 15.00$ $ 360.00 19.00$ $ 456.00 NW165 24 8.00 $ $ 192.00 15.00$ $ 360.00 19.00$ $ 456.00 NW166 24 8.00 $ $ 192.00 15.00$ $ 360.00 19.00$ $ 456.00 NW167 24 8.00 $ $ 192.00 15.00$ $ 360.00 19.00$ $ 456.00 NW168 42 30.00 $ $ 1,260.00 75.00$ $ 3,150.00 32.50$ $ 1,365.00 NW169 17 20.00 $ $ 340.00 15.00$ $ 255.00 65.00$ $ 1,105.00 NW170 -- $ $ - -$ $ - -$ $ - NW171 28 50.00 $ $ 1,400.00 100.00$ $ 2,800.00 65.00$ $ 1,820.00 NW172 28 80.00 $ $ 2,240.00 100.00$ $ 2,800.00 125.00$ $ 3,500.00 NW173 18 10.00 $ $ 180.00 50.00$ $ 900.00 60.00$ $ 1,080.00 NW174 18 40.00 $ $ 720.00 100.00$ $ 1,800.00 205.00$ $ 3,690.00 NW175 17 15.00 $ $ 255.00 20.00$ $ 340.00 50.00$ $ 850.00 NW176 17 15.00 $ $ 255.00 20.00$ $ 340.00 50.00$ $ 850.00 NW177 18 20.00 $ $ 360.00 100.00$ $ 1,800.00 108.00$ $1,944.00 84,443.18$ 87,000.00$ 167,869.00$ ZONE 5 - NORTHWEST TOTAL *Total submitted with bid differs from actual *Price correction due to Excel error September 10, 2020 NOTICE OF INTENT TO AWARD Parks and Recreation and Procurement recommend award of ITB No. 03-20R, Landscaping Maintenance Services: Zone 5 - Northwest, to Average Joe Landscape LLC, the lowest most responsible bidder, in accordance with the bid specifications, in the estimated amount of $85,000 annually, for a period of one (1) year, with one (1), one (1) year extension options. This Award recommendation will be considered by the City Council at the September 28, 2020 Work Session (9:00 a.m.) and voted on at the October 1, 2020 Council Meeting (6:00 p.m.). These meetings are held at Clearwater Main Library, at 100 N. Osceola Ave., Clearwater, FL 33755. Inquiries regarding this Intent to Award can be directed to the City’s Procurement Analyst, Kelly Rogers at (727) 562-4635, or mailed to City of Clearwater, Attn: Procurement, PO Box 4748, Clearwater, FL 33758-4748. Posted on this date by: Kelly Rogers Kelly Rogers Procurement Analyst Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8118 Agenda Date: 10/1/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 7.5 SUBJECT/RECOMMENDATION: Renew Grant and Financial Assistance Agreement between the Florida Department of Law Enforcement and the city of Clearwater, necessary to facilitate a current mutual aid agreement between the two entities, effective upon execution through June 30, 2021, and authorize the appropriate officials to execute same. (consent) SUMMARY: The Florida Department of Law Enforcement and the city of Clearwater have determined that they can make efficient use of their powers and resources, in certain criminal cases that may require specialized expertise and have the potential to cross jurisdictional lines, through coordination and sharing of specialized technical resources and personnel. Chapter 23, Florida Statutes authorizes law enforcement agencies to enter into mutual aid agreements for rendering voluntary assistance of a routine law enforcement nature to one another across jurisdictional lines and to enter into operational assistance agreements whereby each agency may request and render law enforcement assistance to the other law enforcement agencies during emergencies under Section 252.34, Florida Statutes. Council previously approved the Electronic Surveillance Support Team Multi-Agency Voluntary Cooperation Mutual Aid Agreement with an expiration date of February 28, 2022. This agreement allows for the reimbursement of certain expenses incurred by the city of Clearwater. The Financial Assistance Agreement between the Florida Department of Law Enforcement (Department) and the city of Clearwater outlines the eligible costs available for reimbursement by the Department and the process to apply for reimbursement. This agreement must be renewed annually, and due to the nature of the agreement, it is required to come before Council for approval: The agreement provides for reimbursement of overtime (salaries and benefits) and expense (travel and training) Funds will be reimbursed up to an annual maximum of $12,500 per task force participant If the total monetary amount of the grant and state financial assistance provided to the city of Clearwater is equal to or exceeds $750,000 in any fiscal year, the participant must have a state single audit for such fiscal year in accordance with Section 215.97, Florida State Statutes. There is no budgetary impact associated with the ESST Mutual Aid Agreement. Page 1 City of Clearwater Printed on 10/1/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8240 Agenda Date: 10/1/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.6 SUBJECT/RECOMMENDATION: Award a construction contract to Steve’s Excavating and Paving Inc.-- of Dunedin, Florida, for the 2021 Underdrain project via Invitation to Bid (ITB) 20-0028-EN, in the annual amount of $300,000 for an initial one-year term with an option to renew for three additional one-year renewal terms on a unit price basis and authorize the appropriate officials to execute same. (consent) SUMMARY: ITB 20-0028-EN closed September 9, 2020 with Steve’s Excavating and Paving Inc. as the lowest most responsible bidder. The project intent is to establish an annual contract for the installation of stormwater underdrain infrastructure at various locations throughout the City of Clearwater. High groundwater table elevation often causes visible seepage, or subsurface impacts to roadway infrastructure and its integrity. The installation of an underdrain system provides a means for groundwater to travel, minimizing impacts to surrounding assets. The Engineering Department will direct the contractor to high priority areas as established by review of inspection reports and maintenance records. This is a unit price contract not to exceed a total of $300,000 annually with an estimated start date of December 1, 2020. The city reserves the option to extend the contract on a yearly basis up to three additional one-year renewal terms. APPROPRIATION CODE AND AMOUNT: ENST180001-CONS-CNSTRC $300,000 Funds are available in Capital Improvement Project ENST180001, Storm System Improvements, to fund the contract and will be included in FY2022 through FY2024 Capital Improvement Program for future renewals in the amount of $300,000 per year. Page 1 City of Clearwater Printed on 10/1/2020 BID ITEMS UNIT QTY UNIT PRICE AMOUNT AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNDERDRAIN 1 Mobilization LS 1 120,500.00$ 120,500.00$ 62,500.00$ 62,500.00$ 28,482.93$ 28,482.93$ 27,000.00$ 27,000.00$ 37,519.00$ 37,519.00$ -$ 2 Maintenance of Traffic LS 1 8,000.00$ 8,000.00$ 18,500.00$ 18,500.00$ 3,600.00$ 3,600.00$ 2,300.00$ 2,300.00$ 5,900.00$ 5,900.00$ -$ 3 Sediment & Erosion Control LS 1 25,000.00$ 25,000.00$ 4,500.00$ 4,500.00$ 1,182.50$ 1,182.50$ 4,400.00$ 4,400.00$ 1,230.00$ 1,230.00$ -$ 4 Portable Project Sign EA 2 1,100.00$ 2,200.00$ 850.00$ 1,700.00$ 1,075.00$ 2,150.00$ 570.00$ 1,140.00$ 615.00$ 1,230.00$ -$ 5 Root Pruning LF 500 5.00$ 2,500.00$ 12.50$ 6,250.00$ 7.00$ 3,500.00$ 13.00$ 6,500.00$ 3.50$ 1,750.00$ -$ 6 Tree Barricades LF 500 8.00$ 4,000.00$ 7.00$ 3,500.00$ 3.76$ 1,880.00$ 9.50$ 4,750.00$ 3.50$ 1,750.00$ -$ 7 Unsuitable Material (Haul Offsite) CY 200 38.00$ 7,600.00$ 22.00$ 4,400.00$ 18.00$ 3,600.00$ 12.60$ 2,520.00$ 7.25$ 1,450.00$ -$ 8 Import Clean Fill CY 200 50.00$ 10,000.00$ 22.00$ 4,400.00$ 18.69$ 3,738.00$ 14.50$ 2,900.00$ 7.25$ 1,450.00$ -$ 9 Remove & Replace Ex 4” Concrete S/W SF 2470 8.00$ 19,760.00$ 11.00$ 27,170.00$ 9.16$ 22,625.20$ 15.30$ 37,791.00$ 6.50$ 16,055.00$ -$ 10 Remove & Replace ADA Ramp w/Mat EA 3 2,500.00$ 7,500.00$ 2,250.00$ 6,750.00$ 875.20$ 2,625.60$ 1,930.00$ 5,790.00$ 2,015.00$ 6,045.00$ -$ 11 Remove & Replace Ex 6” Conc. Driveway SF 2100 11.00$ 23,100.00$ 14.00$ 29,400.00$ 12.00$ 25,200.00$ 17.00$ 35,700.00$ 7.45$ 15,645.00$ -$ 12 R & R Ex 1-1/2” Asphalt Driveway SY 260 69.00$ 17,940.00$ 54.00$ 14,040.00$ 50.00$ 13,000.00$ 45.75$ 11,895.00$ 30.00$ 7,800.00$ -$ 13 10" Thick Crushed Concrete Road Base SY 280 46.00$ 12,880.00$ 35.00$ 9,800.00$ 60.81$ 17,026.80$ 20.50$ 5,740.00$ 22.50$ 6,300.00$ -$ 14 Core Existing Storm Inlet EA 24 250.00$ 6,000.00$ 525.00$ 12,600.00$ 591.38$ 14,193.12$ 1,300.00$ 31,200.00$ 535.00$ 12,840.00$ -$ 15 Pinellas County UD Insp. Box, Type 1 EA 2 3,450.00$ 6,900.00$ 2,250.00$ 4,500.00$ 2,544.32$ 5,088.64$ 3,175.00$ 6,350.00$ 3,130.00$ 6,260.00$ -$ 16 6" Underdrain (SDR35, Contech A2000) LF 4300 75.00$ 322,500.00$ 43.50$ 187,050.00$ 60.09$ 258,387.00$ 52.00$ 223,600.00$ 37.70$ 162,110.00$ -$ 17 6" Cleanout EA 24 415.00$ 9,960.00$ 450.00$ 10,800.00$ 360.99$ 8,663.76$ 985.00$ 23,640.00$ 390.00$ 9,360.00$ -$ 18 6” Cleanout (Inline Double Sweep) EA 2 500.00$ 1,000.00$ 550.00$ 1,100.00$ 357.40$ 714.80$ 1,680.00$ 3,360.00$ 495.00$ 990.00$ -$ 19 6" Solid UD Pipe LF 200 49.00$ 9,800.00$ 45.50$ 9,100.00$ 51.45$ 10,290.00$ 33.00$ 6,600.00$ 31.70$ 6,340.00$ -$ 20 Type I Curb (Remove and Replace) LF 100 53.00$ 5,300.00$ 55.00$ 5,500.00$ 40.00$ 4,000.00$ 80.50$ 8,050.00$ 21.50$ 2,150.00$ -$ 21 Modified Curb (Remove and Replace) LF 100 54.00$ 5,400.00$ 55.00$ 5,500.00$ 40.00$ 4,000.00$ 80.50$ 8,050.00$ 21.50$ 2,150.00$ -$ 22 Valley Gutter Curb (Remove and Replace) LF 100 57.00$ 5,700.00$ 55.00$ 5,500.00$ 40.00$ 4,000.00$ 80.50$ 8,050.00$ 28.00$ 2,800.00$ -$ 23 Sod Replacement (Bahia) SF 12000 1.00$ 12,000.00$ 0.75$ 9,000.00$ 1.20$ 14,400.00$ 1.00$ 12,000.00$ 1.50$ 18,000.00$ -$ 24 Sod Replacement (St. Augustine) SF 12000 1.25$ 15,000.00$ 1.00$ 12,000.00$ 1.20$ 14,400.00$ 1.50$ 18,000.00$ 1.75$ 21,000.00$ -$ 25 Grout Fill Existing Pipe CY 20 1,000.00$ 20,000.00$ 275.00$ 5,500.00$ 300.00$ 6,000.00$ 425.00$ 8,500.00$ 120.00$ 2,400.00$ -$ Bidder's Grand Total 680,540.00$ 461,060.00$ 472,748.35$ 505,826.00$ 350,524.00$ -$ Contractor Company Name & Address 2021 UNDERDRAINS 20-0028-EN BID OPENING - SEPTEMBER 9, 2020 AWARD - OCTOBER 1, 2020 Right of Way Contracting LLC Kelly Fulford 11205 Tarpon Springs Road Odessa, FL 33556 Steve's Excavating and Paving Inc. Cathy Sarnago P.O Box 303 Dunedin, FL 34697 Rowland Inc. Kevin D. Rowland 6855 102nd. Ave. N. Pinellas Park, FL 33782 Kamminga & Roodvoets, Inc Marcus B. Tidey Jr. 5219 Cone Rd. Tampa, FL 33610 Keystone Excavators Robert C. Fornwalt 371 Scarlet Blvd Oldsmar, FL 36477 SECTION V Page i Updated: 5/4/2020 SECTION V CONTRACT DOCUMENTS Table of Contents PUBLIC CONSTRUCTION BOND ......................................................................................................... 1 CONTRACT ................................................................................................................................................ 4 CONSENT OF SURETY TO FINAL PAYMENT .................................................................................. 8 PROPOSAL/BID BOND ............................................................................................................................ 9 AFFIDAVIT .............................................................................................................................................. 10 NON-COLLUSION AFFIDAVIT ........................................................................................................... 11 PROPOSAL ............................................................................................................................................... 12 CITY OF CLEARWATER ADDENDUM SHEET ............................................................................... 14 BIDDER’S PROPOSAL ........................................................................................................................... 15 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM ....................................................................................................................... 17 SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM...... 18 SECTION V – Contract Documents SECTION V Page 1 of 18 Updated: 5/4/2020 Bond No.: ________________ PUBLIC CONSTRUCTION BOND (1) This bond is given to comply with § 255.05, Florida Statutes, and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in subsections (2) and (10). Pursuant to § 255.05(1)(b), Florida Statutes, “Before commencing the work or before recommencing the work after a default or abandonment, the contractor shall provide to the public entity a certified copy of the recorded bond. Notwithstanding the terms of the contract or any other law governing prompt payment for construction services, the public entity may not make a payment to the contractor until the contractor has complied with this paragraph.” CONTRACTOR SURETY OWNER Steve’s Excavating and Paving, Inc P.O. Box 303 Dunedin, FL 34697 727-446-3485 [name] [principal business address] [phone number] City of Clearwater Engineering 100 S. Myrtle Avenue Clearwater, FL 33756 (727) 562-4750 PROJECT NAME: 2021 Underdrains PROJECT NO.: 20-0028-EN PROJECT DESCRIPTION: The 2021 Underdrain Improvements The 2021 Underdrain improvements project consists of all labor, materials, equipment, and tools necessary for the demo of asphalt and concrete driveways, associated curb, grassed areas and installation of 6” PVC underdrain w/cleanouts with connection into exiting storm sewer inlets. Work also includes the replacement of asphalt and concrete driveways, curb and sod at certain road locations within the East Gateway community of the City of Clearwater. BY THIS BOND, We, Steve’s Excavating and Paving, Inc., as Contractor, and __________________________________________________, a corporation, as Surety, are bound to the City of Clearwater, Florida, herein called Owner, in the sum of $300.000.00, for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Contractor: 1. Performs the contract dated _________________, between Contractor and Owner for construction of 2021 Underdrains improvement project, the contract documents being made a part of this bond by reference (which include the Advertisement for Bids, Proposal, Contract, Surety Bond, Instructions to Bidders, General Conditions, Plans, Technical Specifications and Appendix, SECTION V – Contract Documents SECTION V Page 2 of 18 Updated: 5/4/2020 and such alterations as may be made in said Plans and Specifications as therein provided for), at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Contractor with labor, materials, or supplies, used directly or indirectly by Contractor in the prosecution of the work provided for in the contract; and SECTION V – Contract Documents SECTION V Page 3 of 18 Updated: 5/4/2020 Bond No.:________________ PUBLIC CONSTRUCTION BOND (2) 3. Pays Owner all losses, damages, expenses, costs, and attorney’s fees, including appellate proceedings, that Owner sustains because of a default by Contractor under the contract; and 4. To the limits of § 725.06(2), Florida Statutes, shall indemnify and hold harmless Owner, their officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of the construction contract; and 5. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. 6. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. 7. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety’s obligation under this bond, and Surety does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this __________ day of ________________, 20___. (If sole Ownership or Partnership, two (2) Witnesses required). (If Corporation, Secretary only will attest and affix seal). Steve’s Excavating and Paving, Inc. By: ____________________________ Title: ____________________________ Print Name: ____________________________ WITNESS: WITNESS: _______________________________________ _______________________________________ Corporate Secretary or Witness Print Name: ____________________________ Print Name: _____________________________ (affix corporate seal) _______________________________________ (Corporate Surety) By: _________________________________ ATTORNEY-IN-FACT Print Name: ___________________________ (affix corporate seal) (Power of Attorney must be attached) SECTION V – Contract Documents SECTION V Page 4 of 18 Updated: 5/4/2020 CONTRACT (1) This CONTRACT made and entered into this ___ day of ____________, 20___ by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and Steve’s Excavating and Paving, Inc., of the City of Dunedin County of Pinellas and State of Florida, hereinafter designated as the "Contractor". [Or, if out of state:] This CONTRACT made and entered into this ___ day of ____________, 20___ by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and _____________________________________, a/an _____________(State) Corporation authorized to do business in the State of Florida, of the City of ____________________ County of __________________________ and State of ____________, hereinafter designated as the "Contractor". WITNESSETH: That the parties to this contract each in consideration of the undertakings, promises and agreements on the part of the other herein contained, do hereby undertake, promise and agree as follows: The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at their own cost and expense perform all labor, furnish all materials, tools and equipment for the following: PROJECT NAME: 2021 Underdrains PROJECT NO.: 20-0028-EN in the amount of $300,000.00 In accordance with such proposal and technical supplemental specifications and such other special provisions and drawings, if any, which will be submitted by the City, together with any advertisement, instructions to bidders, general conditions, technical specifications, proposal and bond, which may be hereto attached, and any drawings if any, which may be herein referred to, are hereby made a part of this contract, and all of said work to be performed and completed by the contractor and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City. If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as contained herein within the time specified for completion of the work to be performed by the Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have the right to proceed to complete such work as Contractor is obligated to perform in accordance with the provisions as contained herein. SECTION V – Contract Documents SECTION V Page 5 of 18 Updated: 5/4/2020 CONTRACT (2) THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB CONTRACTOR, AGENT SERVANTS OR EMPLOYEES, TO THE LIMITS OF § 725.06(2). In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non-discrimination clause. The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker's representatives, except sub-contractors for standard commercial supplies or raw materials. It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the event that the work to be performed by the Contractor is not completed within the time stipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Contractor the sum of $1,000.00 per day for each day that the work to be performed by the Contractor remains incomplete beyond the time limit specified herein, which sum of $1,000.00 per day shall only and solely represent damages which the City has sustained by reason of the failure of the Contractor to complete the work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete and perform all work within the time period as specified in this contract. It is further mutually agreed between the City and the Contractor that if, any time after the execution of this contract and the public construction bond which is attached hereto for the faithful performance of the terms and conditions as contained herein by the Contractor, that the City shall at any time deem the surety or sureties upon such public construction bond to be unsatisfactory or if, for any reason, the said bond ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his or its own expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the City. If such an event occurs, no further payment shall be made to the Contractor under the terms and provisions of this contract until such new or additional security bond guaranteeing the faithful performance of the work under the terms hereof shall be completed and furnished to the City in a form satisfactory to it. SECTION V – Contract Documents SECTION V Page 6 of 18 Updated: 5/4/2020 CONTRACT (3) 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, THE CONTRACTORS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT. CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 727-562-4092, Rosemarie.Call@myclearwater.com, 600 Cleveland St. Clearwater, FL 33756 The contractor’s agreement to comply with public records law applies specifically to: a) Keep and maintain public records required by the City of Clearwater (hereinafter “public agency”) to perform the service being provided by the contractor hereunder. b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. 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 SECTION V – Contract Documents SECTION V Page 7 of 18 Updated: 5/4/2020 CONTRACT (4) 2.At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i)A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. j)A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA By: __________________________________ (SEAL) William B. Horne, II City Manager Attest: Countersigned: __________________________________________ Rosemarie Call City Clerk By: __________________________________ Approved as to form: Frank Hibbard Mayor __________________________________________ Owen Kohler Assistant City Attorney Contractor must indicate whether: ______ Corporation, ______ Partnership, ______ Company, or ______ Individual __________________________________________ (Contractor) By: _________________________ (SEAL) Print Name: ________________________________ Title: _____________________________________ The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title; where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the Corporation – provide Affidavit. SECTION V – Contract Documents SECTION V Page 8 of 18 Updated: 5/4/2020 CONSENT OF SURETY TO FINAL PAYMENT TO OWNER: City of Clearwater PROJECT NAME: 2021 Underdrains Engineering PROJECT NO.: 20-0028-EN 100 S. Myrtle Ave. Clearwater, FL 33756 CONTRACT DATE: [__________] BOND NO.: [__________], recorded in O.R. Book [____], Page [____], of the Public Records of Pinellas County, Florida. CONTRACTOR: Steve’s Excavating and Paving, Inc. Pursuant to § 255.05(11), Florida Statutes, and in accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the: [insert name of Surety] [address] [address] ,SURETY, on bond of Steve’s Excavating and Paving, Inc. P.O. Box 303 Dunedin, FL 34697 ,CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve Surety of any of its obligations to City of Clearwater Engineering 100 S. Myrtle Ave. Clearwater, FL 33756 ,OWNER, as set forth in said Surety’s bond. IN WITNESS WHEREOF, the Surety has hereunto set its hand this ___ day of ___________, ______ __________________________________________ (Surety) __________________________________________ (Signature of authorized representative) __________________________________________ (Printed name and title) Attest: (Seal): Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8247 Agenda Date: 10/1/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.7 SUBJECT/RECOMMENDATION: Award a construction contract to Hinterland Group Inc., of Riviera Beach, Florida, for the 2021 Stormwater Pipe Lining annual maintenance via Invitation to Bid (ITB) 20-0021-EN in the yearly amount of $1,000,000 for an initial one-year term with an option to renew for three additional one-year renewal terms on a unit price basis and authorize the appropriate officials to execute same. (consent) SUMMARY: ITB 20-0021-EN closed on September 2, 2020 with Hinterland Group Inc. as the lowest, most responsible bidder. This project establishes an annual contract for the cleaning, video inspection and point repair or full reconstruction of storm sewer lines by the installation of a resin impregnated cured in place pipe (RICIPP) lining at various locations throughout the City. Stormwater infrastructure experiences decreased capacity at the end of its useful life. Performing repairs by this pipe lining method increases life span, prevents structural failure of the stormwater conveyance system components and is much less intrusive than typical open cut construction. The Engineering Department will direct the contractor to high priority pipe systems as established by review of inspection reports and maintenance records. This is a unit price contract not to exceed a total of $1,000,000 annually with an estimated start date of December 1, 2020. The City reserves the option to approve annual extensions of the contract up to three additional one-year renewal terms, through end of 2024. APPROPRIATION CODE AND AMOUNT: ENST180001-CONS-CNSTRC $1,000,000 Funds are available in Capital Improvement Project ENST180001, Storm System Improvements, to fund the contract and will be included in FY2022 through FY2024 Capital Improvement Program for future renewals in the amount of $1,000,000 per year. Page 1 City of Clearwater Printed on 10/1/2020 BID ITEMS UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT Clean & Inspect1Light Cleaning – less than 15"LF 500 2.00$ 1,000.00$ 0.01$ 5.00$ 4.00$ 2,000.00$ 1.00$ 500.00$ 4.10$ 2,050.00$ 0.50$ 250.00$ 3.00$ 1,500.00$ 2 Medium Cleaning - less than 15"LF 100 4.00$ 400.00$ 1.00$ 100.00$ 5.00$ 500.00$ 2.00$ 200.00$ 4.80$ 480.00$ 2.00$ 200.00$ 5.00$ 500.00$ 3 Heavy Cleaning - less than 15"LF 100 6.00$ 600.00$ 7.50$ 750.00$ 9.00$ 900.00$ 4.00$ 400.00$ 5.40$ 540.00$ 3.00$ 300.00$ 7.00$ 700.00$ 4 Light Cleaning - 15" thru 18"LF 1500 4.00$ 6,000.00$ 0.01$ 15.00$ 5.00$ 7,500.00$ 1.00$ 1,500.00$ 5.40$ 8,100.00$ 3.00$ 4,500.00$ 5.00$ 7,500.00$ 5 Medium Cleaning - 15" thru 18"LF 100 6.75$ 675.00$ 5.00$ 500.00$ 7.00$ 700.00$ 2.00$ 200.00$ 5.80$ 580.00$ 4.00$ 400.00$ 7.00$ 700.00$ 6 Heavy Cleaning - 15" thru18"LF 100 9.00$ 900.00$ 11.25$ 1,125.00$ 12.00$ 1,200.00$ 5.00$ 500.00$ 6.80$ 680.00$ 6.00$ 600.00$ 9.00$ 900.00$ 7 Light Cleaning - 21" thru 42"LF 1500 9.00$ 13,500.00$ 0.01$ 15.00$ 13.00$ 19,500.00$ 2.00$ 3,000.00$ 9.40$ 14,100.00$ 5.00$ 7,500.00$ 10.00$ 15,000.00$ 8 Medium Cleaning - 21" thru 42"LF 100 11.00$ 1,100.00$ 11.25$ 1,125.00$ 17.00$ 1,700.00$ 5.00$ 500.00$ 10.20$ 1,020.00$ 8.00$ 800.00$ 15.00$ 1,500.00$ 9 Heavy Cleaning - 21" thru 42"LF 100 12.50$ 1,250.00$ 15.50$ 1,550.00$ 25.00$ 2,500.00$ 10.00$ 1,000.00$ 13.60$ 1,360.00$ 11.00$ 1,100.00$ 25.00$ 2,500.00$ 10 Light Cleaning - 48" and larger LF 1200 18.00$ 21,600.00$ 2.00$ 2,400.00$ 15.00$ 18,000.00$ 4.00$ 4,800.00$ 20.40$ 24,480.00$ 10.00$ 12,000.00$ 15.00$ 18,000.00$ 11 Medium Cleaning - 48" and larger LF 100 21.00$ 2,100.00$ 24.00$ 2,400.00$ 18.00$ 1,800.00$ 6.00$ 600.00$ 23.80$ 2,380.00$ 20.00$ 2,000.00$ 40.00$ 4,000.00$ 12 Heavy Cleaning - 48" and larger LF 100 30.00$ 3,000.00$ 27.00$ 2,700.00$ 35.00$ 3,500.00$ 13.00$ 1,300.00$ 29.90$ 2,990.00$ 30.00$ 3,000.00$ 60.00$ 6,000.00$ 13 Specialty Cleaning - Root Removal LF 100 18.00$ 1,800.00$ 0.01$ 1.00$ 5.50$ 550.00$ 10.00$ 1,000.00$ 29.90$ 2,990.00$ 17.00$ 1,700.00$ 5.00$ 500.00$ 14 Specialty Cleaning - Barnacle Removal LF 100 38.00$ 3,800.00$ 10.00$ 1,000.00$ 35.00$ 3,500.00$ 20.00$ 2,000.00$ 34.00$ 3,400.00$ 35.00$ 3,500.00$ 50.00$ 5,000.00$ 15 Video Cleaning LF 5000 4.00$ 20,000.00$ 10.00$ 50,000.00$ 1.50$ 7,500.00$ 2.00$ 10,000.00$ 3.40$ 17,000.00$ 3.75$ 18,750.00$ 2.50$ 12,500.00$ 16 Video RICIPP Installation LF 5000 4.00$ 20,000.00$ 3.11$ 15,550.00$ 4.50$ 22,500.00$ 2.00$ 10,000.00$ 0.10$ 500.00$ 10.00$ 50,000.00$ 1.00$ 5,000.00$ Furnish and Install RICIPP Lining 17 Furnish and Install 12" RICIPP Lining (less than 100 LF) (7.5mm)LF 75 89.92$ 6,744.00$ 67.20$ 5,040.00$ 95.00$ 7,125.00$ 120.00$ 9,000.00$ 95.30$ 7,147.50$ 58.75$ 4,406.25$ 115.00$ 8,625.00$ 18 Furnish and Install 12" RICIPP Lining (100 LF to 400 LF) (7.5mm)LF 500 59.93$ 29,965.00$ 33.60$ 16,800.00$ 45.00$ 22,500.00$ 34.00$ 17,000.00$ 36.50$ 18,250.00$ 45.25$ 22,625.00$ 65.00$ 32,500.00$ 19 12-inch RICIPP Thickness Variance 1.5 mm LF 100 2.22$ 222.00$ 0.50$ 50.00$ 1.00$ 100.00$ 2.00$ 200.00$ 1.90$ 190.00$ 1.00$ 100.00$ 5.00$ 500.00$ 20 Furnish and Install 15" RICIPP Lining (less than 100 LF) (7.5mm)LF 75 95.08$ 7,131.00$ 81.60$ 6,120.00$ 105.00$ 7,875.00$ 120.00$ 9,000.00$ 121.30$ 9,097.50$ 61.50$ 4,612.50$ 130.00$ 9,750.00$ 21 Furnish and Install 15" RICIPP Lining (100 LF to 400 LF) (7.5mm)LF 500 65.09$ 32,545.00$ 40.32$ 20,160.00$ 65.00$ 32,500.00$ 45.00$ 22,500.00$ 45.40$ 22,700.00$ 45.00$ 22,500.00$ 75.00$ 37,500.00$ 22 15-inch RICIPP Thickness Variance 1.5 mm LF 100 2.40$ 240.00$ 0.60$ 60.00$ 1.00$ 100.00$ 2.00$ 200.00$ 2.00$ 200.00$ 1.00$ 100.00$ 5.00$ 500.00$ 23 Furnish and Install 18" RICIPP Lining (less than 100 LF) (9mm)LF 75 104.61$ 7,845.75$ 96.00$ 7,200.00$ 110.00$ 8,250.00$ 120.00$ 9,000.00$ 164.60$ 12,345.00$ 71.00$ 5,325.00$ 140.00$ 10,500.00$ 24 Furnish and Install 18" RICIPP Lining (100 LF to 400 LF) (9mm)LF 500 69.36$ 34,680.00$ 50.50$ 25,250.00$ 70.00$ 35,000.00$ 55.00$ 27,500.00$ 61.80$ 30,900.00$ 57.25$ 28,625.00$ 95.00$ 47,500.00$ 25 18-inch RICIPP Thickness Variance 1.5 mm LF 100 4.68$ 468.00$ 0.75$ 75.00$ 1.50$ 150.00$ 2.00$ 200.00$ 2.10$ 210.00$ 1.00$ 100.00$ 6.00$ 600.00$ 26 Furnish and Install 21" RICIPP Lining (less than 100 LF) (10.5mm)LF 75 117.20$ 8,790.00$ 90.00$ 6,750.00$ 120.00$ 9,000.00$ 95.00$ 7,125.00$ 190.50$ 14,287.50$ 80.50$ 6,037.50$ 160.00$ 12,000.00$ 27 Furnish and Install 21" RICIPP Lining (100 LF to 400 LF) (10.5mm)LF 500 79.38$ 39,690.00$ 49.00$ 24,500.00$ 75.00$ 37,500.00$ 75.00$ 37,500.00$ 77.30$ 38,650.00$ 66.50$ 33,250.00$ 105.00$ 52,500.00$ 28 21-inch RICIPP Thickness Variance 1.5 mm LF 100 4.20$ 420.00$ 1.00$ 100.00$ 2.00$ 200.00$ 2.00$ 200.00$ 2.10$ 210.00$ 2.00$ 200.00$ 6.00$ 600.00$ 29 Furnish and Install 24" RICIPP Lining (less than 100 LF) (10.5mm)LF 75 141.60$ 10,620.00$ 134.40$ 10,080.00$ 140.00$ 10,500.00$ 100.00$ 7,500.00$ 210.90$ 15,817.50$ 94.75$ 7,106.25$ 165.00$ 12,375.00$ 30 Furnish and Install 24" RICIPP Lining (100 LF to 400 LF) (10.5mm)LF 500 86.51$ 43,255.00$ 78.40$ 39,200.00$ 80.00$ 40,000.00$ 85.00$ 42,500.00$ 87.00$ 43,500.00$ 78.50$ 39,250.00$ 120.00$ 60,000.00$ 31 24-inch RICIPP Thickness Variance 1.5 mm LF 100 3.00$ 300.00$ 3.50$ 350.00$ 2.00$ 200.00$ 2.00$ 200.00$ 3.20$ 320.00$ 3.50$ 350.00$ 6.00$ 600.00$ 32 Furnish and Install 30" RICIPP Lining (less than 100 LF) (12mm)LF 75 160.84$ 12,063.00$ 159.60$ 11,970.00$ 155.00$ 11,625.00$ 135.00$ 10,125.00$ 257.60$ 19,320.00$ 118.75$ 8,906.25$ 190.00$ 14,250.00$ 33 Furnish and Install 30" RICIPP Lining (100 LF to 400 LF) (12mm)LF 500 123.64$ 61,820.00$ 98.00$ 49,000.00$ 95.00$ 47,500.00$ 110.00$ 55,000.00$ 113.90$ 56,950.00$ 101.00$ 50,500.00$ 160.00$ 80,000.00$ 34 30-inch RICIPP Thickness Variance 1.5 mm LF 100 11.40$ 1,140.00$ 5.25$ 525.00$ 2.50$ 250.00$ 2.00$ 200.00$ 4.00$ 400.00$ 3.50$ 350.00$ 7.00$ 700.00$ 35 Furnish and Install 36" RICIPP Lining (less than 100 LF) (15mm)LF 75 235.40$ 17,655.00$ 201.00$ 15,075.00$ 195.00$ 14,625.00$ 145.00$ 10,875.00$ 333.80$ 25,035.00$ 153.00$ 11,475.00$ 275.00$ 20,625.00$ 36 Furnish and Install 36" RICIPP Lining (100 LF to 400 LF) (15mm)LF 500 141.15$ 70,575.00$ 134.40$ 67,200.00$ 120.00$ 60,000.00$ 125.00$ 62,500.00$ 156.30$ 78,150.00$ 131.25$ 65,625.00$ 210.00$ 105,000.00$ 37 36-inch RICIPP Thickness Variance 1.5 mm LF 100 6.60$ 660.00$ 5.00$ 500.00$ 3.50$ 350.00$ 2.00$ 200.00$ 5.30$ 530.00$ 7.50$ 750.00$ 8.00$ 800.00$ 38 Furnish and Install 42" RICIPP Lining (less than 100 LF) (16.5mm)LF 75 276.18$ 20,713.50$ 255.00$ 19,125.00$ 235.00$ 17,625.00$ 185.00$ 13,875.00$ 374.50$ 28,087.50$ 193.00$ 14,475.00$ 320.00$ 24,000.00$ 39 Furnish and Install 42" RICIPP Lining (100 LF to 400 LF) (16.5mm)LF 500 199.45$ 99,725.00$ 179.20$ 89,600.00$ 145.00$ 72,500.00$ 165.00$ 82,500.00$ 191.10$ 95,550.00$ 183.00$ 91,500.00$ 250.00$ 125,000.00$ 40 42-inch RICIPP Thickness Variance 1.5 mm LF 100 7.80$ 780.00$ 6.00$ 600.00$ 4.50$ 450.00$ 2.00$ 200.00$ 6.10$ 610.00$ 7.50$ 750.00$ 8.00$ 800.00$ 41 Furnish and Install 48" RICIPP Lining (less than 100 LF) (19.5mm)LF 75 316.88$ 23,766.00$ 351.00$ 26,325.00$ 280.00$ 21,000.00$ 250.00$ 18,750.00$ 470.80$ 35,310.00$ 258.75$ 19,406.25$ 400.00$ 30,000.00$ 42 Furnish and Install 48" RICIPP Lining (100 LF to 400 LF) (19.5mm)LF 400 256.48$ 102,592.00$ 216.16$ 86,464.00$ 180.00$ 72,000.00$ 220.00$ 88,000.00$ 246.80$ 98,720.00$ 240.00$ 96,000.00$ 300.00$ 120,000.00$ 43 Furnish and Install 48" RICIPP Lining (greater than 400 LF) (19.5mm)LF 500 240.96$ 120,480.00$ 201.00$ 100,500.00$ 170.00$ 85,000.00$ 210.00$ 105,000.00$ 225.80$ 112,900.00$ 240.00$ 120,000.00$ 265.00$ 132,500.00$ 44 48-inch RICIPP Thickness Variance 1.5 mm LF 100 16.20$ 1,620.00$ 7.50$ 750.00$ 5.50$ 550.00$ 2.00$ 200.00$ 8.30$ 830.00$ 10.50$ 1,050.00$ 9.00$ 900.00$ 45 Chemical Grout Crack/Leak Seal LF 100 150.00$ 15,000.00$ 89.00$ 8,900.00$ 20.00$ 2,000.00$ 75.00$ 7,500.00$ 185.10$ 18,510.00$ 20.00$ 2,000.00$ 150.00$ 15,000.00$ 46 Furnish and Install 60" RICIPP Lining (less than 100 LF) (28.5mm)LF 100 486.84$ 48,684.00$ 420.00$ 42,000.00$ 375.00$ 37,500.00$ 420.00$ 42,000.00$ 749.60$ 74,960.00$ 395.75$ 39,575.00$ 600.00$ 60,000.00$ 47 Furnish and Install 60" RICIPP Lining (100 LF to 400 LF) (28.5mm)LF 100 538.60$ 53,860.00$ 379.00$ 37,900.00$ 350.00$ 35,000.00$ 380.00$ 38,000.00$ 418.40$ 41,840.00$ 376.00$ 37,600.00$ 500.00$ 50,000.00$ 48 60-inch RICIPP Thickness Variance 1.5 mm LF 100 13.70$ 1,370.00$ 0.50$ 50.00$ 6.50$ 650.00$ 2.00$ 200.00$ 9.50$ 950.00$ 12.50$ 1,250.00$ 10.00$ 1,000.00$ 49 Setup Fee for Installing RICIPP in Easements EA 5 1,250.00$ 6,250.00$ 100.00$ 500.00$ 1,000.00$ 5,000.00$ 1,500.00$ 7,500.00$ 793.40$ 3,967.00$ 1,000.00$ 5,000.00$ 3,000.00$ 15,000.00$ Bidders Grand Total - TOTAL CONTRACT 979,394.25$ 797,955.00$ 788,475.00$ 769,750.00$ 989,094.50$ 847,400.00$ 1,163,425.00$ Bid Tabulations are not public until 30 days after bid opening or upon award by City Council, whichever occurs first. Bids that are non-responsive Calculation error Vortex Services, LLC5910 Hartford St. Tampa, FL 33619 Shenandoah General Construction, LLC 1888 NW 22 Street Pompano Beach, FL 33069 NON- RESPONSIVE 2021 Stormwater Pipe Lining (20-0021-EN)BID OPEN: SEPTEMBER 2, 2020 AWARD : NOVEMBER 5, 2020 Granite Inliner, LLC2531 Jewett Ln. Sanford, FL 32771 Insituform Technologies, LLC17988 Edison Avenure Chesterfield, MO 63005 Hinterland Group, Inc.2051 W. Blue Heron Blvd. Riviera Beach, FL. 33404 Atlantic Pipe Services, Inc1420 Martin Luther King Jr. Blvd. Sanford, FL 32771 Coastal Gunite Construction Co. 16 Washington St. Cambridge, MD 21613 NON-RESPONSIVE SECTION V Page i Updated: 5/4/2020 SECTION V CONTRACT DOCUMENTS Table of Contents PUBLIC CONSTRUCTION BOND ......................................................................................................... 1 CONTRACT ................................................................................................................................................ 4 CONSENT OF SURETY TO FINAL PAYMENT .................................................................................. 8 PROPOSAL/BID BOND ............................................................................................................................ 9 AFFIDAVIT .............................................................................................................................................. 10 NON-COLLUSION AFFIDAVIT ........................................................................................................... 11 PROPOSAL ............................................................................................................................................... 12 CITY OF CLEARWATER ADDENDUM SHEET ............................................................................... 14 BIDDER’S PROPOSAL ........................................................................................................................... 15 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM ....................................................................................................................... 18 SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM...... 19 SECTION V – Contract Documents SECTION V Page 1 of 19 Updated: 5/4/2020 Bond No.: ________________ PUBLIC CONSTRUCTION BOND (1) This bond is given to comply with § 255.05, Florida Statutes, and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in subsections (2) and (10). Pursuant to § 255.05(1)(b), Florida Statutes, “Before commencing the work or before recommencing the work after a default or abandonment, the contractor shall provide to the public entity a certified copy of the recorded bond. Notwithstanding the terms of the contract or any other law governing prompt payment for construction services, the public entity may not make a payment to the contractor until the contractor has complied with this paragraph.” CONTRACTOR SURETY OWNER City of Clearwater Engineering 100 S. Myrtle Avenue Clearwater, FL 33756 (727) 562-4750 PROJECT NAME: 2021 Stormwater Pipe Lining PROJECT NO.: 20-0021-EN PROJECT DESCRIPTION: The 2021 Stormwater Pipe Lining Project consists of all labor, materials, equipment, and tools necessary for the cleaning, video inspection and point repair or full reconstruction of storm sewer lines by the installation of a resin impregnated cured in place pipe (RICIPP) lining at various locations throughout the City of Clearwater. BY THIS BOND, We, Hinterland Group Inc., as Contractor, and __________________________________________________, a corporation, as Surety, are bound to the City of Clearwater, Florida, herein called Owner, in the sum of $1,000,000.00, for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Contractor: 1.Performs the contract dated _________________, between Contractor and Owner for construction of 2021 Stormwater Pipe Lining, the contract documents being made a part of this bond by reference (which include the Advertisement for Bids, Proposal, Contract, Surety Bond, Instructions to Bidders, General Conditions, Plans, Technical Specifications and Appendix, and such alterations as may be made in said Plans and Specifications as therein provided for), at the times and in the manner prescribed in the contract; and Hinterland Group Inc. 2051 W. Blue Heron Blvd Riviera Beach, FL 33404 561 640-3503 SECTION V – Contract Documents SECTION V Page 2 of 19 Updated: 5/4/2020 2.Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Contractor with labor, materials, or supplies, used directly or indirectly by Contractor in the prosecution of the work provided for in the contract; and SECTION V – Contract Documents SECTION V Page 3 of 19 Updated: 5/4/2020 Bond No.:________________ PUBLIC CONSTRUCTION BOND (2) 3.Pays Owner all losses, damages, expenses, costs, and attorney’s fees, including appellate proceedings, that Owner sustains because of a default by Contractor under the contract; and4.To the limits of § 725.06(2), Florida Statutes, shall indemnify and hold harmless Owner, theirofficers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness, or intentionalwrongful misconduct of Contractor and persons employed or utilized by Contractor in theperformance of the construction contract; and5.Performs the guarantee of all work and materials furnished under the contract for the time specifiedin the contract, then this bond is void; otherwise it remains in full force.6.Any action instituted by a claimant under this bond for payment must be in accordance with thenotice and time limitation provisions in Section 255.05(2), Florida Statutes.7.Any changes in or under the contract documents and compliance or noncompliance with anyformalities connected with the contract or the changes does not affect Surety’s obligation underthis bond, and Surety does hereby waive notice of any such change, extension of time, alteration oraddition to the terms of the contract or to the work or to the specifications. IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this __________ day of ________________, 20___. (If sole Ownership or Partnership, two (2) Witnesses required). (If Corporation, Secretary only will attest and affix seal). Hinterland Group, Inc. By: ____________________________ Title: ____________________________ Print Name: ____________________________ WITNESS: WITNESS: _______________________________________ _______________________________________ Corporate Secretary or Witness Print Name: ____________________________ Print Name: _____________________________ (affix corporate seal) _______________________________________ (Corporate Surety) By: _________________________________ ATTORNEY-IN-FACT Print Name: ___________________________ (affix corporate seal) (Power of Attorney must be attached) SECTION V – Contract Documents SECTION V Page 4 of 19 Updated: 5/4/2020 CONTRACT (1) This CONTRACT made and entered into this ___ day of ____________, 20___ by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and Hinterland Group, Inc., of the City of Riviera Beach County of Palm Beach and State of Florida, hereinafter designated as the "Contractor". [Or, if out of state:] This CONTRACT made and entered into this ___ day of ____________, 20___ by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and _____________________________________, a/an _____________(State) Corporation authorized to do business in the State of Florida, of the City of ____________________ County of __________________________ and State of ____________, hereinafter designated as the "Contractor". WITNESSETH: That the parties to this contract each in consideration of the undertakings, promises and agreements on the part of the other herein contained, do hereby undertake, promise and agree as follows: The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at their own cost and expense perform all labor, furnish all materials, tools and equipment for the following: PROJECT NAME: 2021 Stormwater Pipe Lining PROJECT NO.: 20-0021-EN in the amount of $1,000,000.00 In accordance with such proposal and technical supplemental specifications and such other special provisions and drawings, if any, which will be submitted by the City, together with any advertisement, instructions to bidders, general conditions, technical specifications, proposal and bond, which may be hereto attached, and any drawings if any, which may be herein referred to, are hereby made a part of this contract, and all of said work to be performed and completed by the contractor and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City. If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as contained herein within the time specified for completion of the work to be performed by the Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have the right to proceed to complete such work as Contractor is obligated to perform in accordance with the provisions as contained herein. SECTION V – Contract Documents SECTION V Page 5 of 19 Updated: 5/4/2020 CONTRACT (2) THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB CONTRACTOR, AGENT SERVANTS OR EMPLOYEES, TO THE LIMITS OF § 725.06(2). In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non-discrimination clause. The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker's representatives, except sub-contractors for standard commercial supplies or raw materials. It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the event that the work to be performed by the Contractor is not completed within the time stipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Contractor the sum of $1,000.00 per day for each day that the work to be performed by the Contractor remains incomplete beyond the time limit specified herein, which sum of $1,000.00 per day shall only and solely represent damages which the City has sustained by reason of the failure of the Contractor to complete the work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete and perform all work within the time period as specified in this contract. It is further mutually agreed between the City and the Contractor that if, any time after the execution of this contract and the public construction bond which is attached hereto for the faithful performance of the terms and conditions as contained herein by the Contractor, that the City shall at any time deem the surety or sureties upon such public construction bond to be unsatisfactory or if, for any reason, the said bond ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his or its own expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the City. If such an event occurs, no further payment shall be made to the Contractor under the terms and provisions of this contract until such new or additional security bond guaranteeing the faithful performance of the work under the terms hereof shall be completed and furnished to the City in a form satisfactory to it. SECTION V – Contract Documents SECTION V Page 6 of 19 Updated: 5/4/2020 CONTRACT (3) 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, THE CONTRACTORS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT. CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 727-562-4092, Rosemarie.Call@myclearwater.com, 600 Cleveland St. Clearwater, FL 33756 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 “publicagency”) 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 agencywith a copy of the requested records or allow the records to be inspected or copied within areasonable time at a cost that does not exceed the cost provided for in Chapter 119, FloridaStatutes, 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 recordsdisclosure requirements are not disclosed except as authorized by law for the duration of thecontract term and following completion of the contract if the contractor does not transfer therecords to the public agency.d) Upon completion of the contract, transfer, at no cost, to the public agency all public records inpossession 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 uponcompletion of the contract, the contractor shall destroy any duplicate public records that areexempt or confidential and exempt from public records disclosure requirements. If thecontractor keeps and maintains public records upon completion of the contract, the contractorshall meet all applicable requirements for retaining public records. All records storedelectronically must be provided to the public agency, upon request from the public agency’scustodian of public records, in a format that is compatible with the information technologysystems of the public agency.e) A request to inspect or copy public records relating to a public agency’s contract for servicesmust be made directly to the public agency. If the public agency does not possess the requestedrecords, the public agency shall immediately notify the contractor of the request and thecontractor must provide the records to the public agency or allow the records to be inspected orcopied within a reasonable time.f)The contractor hereby acknowledges and agrees that if the contractor does not comply with thepublic agency’s request for records, the public agency shall enforce the contract provisions inaccordance with the contract.g)A contractor who fails to provide the public records to the public agency within a reasonabletime 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 publicrecords request within a reasonable time; and SECTION V – Contract Documents SECTION V Page 7 of 19 Updated: 5/4/2020 CONTRACT (4) 2.At least 8 business days before filing the action, the plaintiff provided written notice of thepublic records request, including a statement that the contractor has not complied with therequest, 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 publicrecords and to the contractor at the contractor’s address listed on its contract with the publicagency or to the contractor’s registered agent. Such notices must be sent by common carrierdelivery service or by registered, Global Express Guaranteed, or certified mail, with postage orshipping paid by the sender and with evidence of delivery, which may be in an electronicformat.j)A contractor who complies with a public records request within 8 business days after the noticeis sent is not liable for the reasonable costs of enforcement. IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA By: __________________________________ (SEAL) William B. Horne, II City Manager Attest: Countersigned: __________________________________________ Rosemarie Call City Clerk By: __________________________________ Approved as to form: Frank Hibbard Mayor __________________________________________ Owen Kohler Assistant City Attorney Contractor must indicate whether: ______ Corporation, ______ Partnership, ______ Company, or ______ Individual __________________________________________ (Contractor) By: _________________________ (SEAL) Print Name: ________________________________ Title: _____________________________________ The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title; where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the Corporation – provide Affidavit. SECTION V – Contract Documents SECTION V Page 8 of 19 Updated: 5/4/2020 CONSENT OF SURETY TO FINAL PAYMENT TO OWNER: City of Clearwater PROJECT NAME: 2021 Stormwater Pipe Lining Engineering 100 S. Myrtle Ave. PROJECT NO.: 20-0021-EN CONTRACT DATE: [__________] Clearwater, FL 33756 BOND NO.: [__________], recorded in O.R. Book [____], Page [____], of the Public Records of Pinellas County, Florida. CONTRACTOR: Hinterland Group, Inc. Pursuant to § 255.05(11), Florida Statutes, and in accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the: [insert name of Surety] [address] [address] ,SURETY, on bond of Hinterland Group, Inc. 2051 W. Blue Heron Blvd. Riviera Beach, FL 33404 ,CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve Surety of any of its obligations to City of Clearwater Engineering 100 S. Myrtle Ave. Clearwater, FL 33756 ,OWNER, as set forth in said Surety’s bond. IN WITNESS WHEREOF, the Surety has hereunto set its hand this ___ day of ___________, ______ __________________________________________ (Surety) __________________________________________ (Signature of authorized representative) __________________________________________ (Printed name and title) Attest: (Seal): Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8260 Agenda Date: 10/1/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.8 SUBJECT/RECOMMENDATION: Authorize a purchase order to American Lighting and Signalization (ALS) for streetlight maintenance and repairs in an amount not to exceed $100,000 for the period of October 1, 2020 through August 2, 2021, pursuant to Clearwater Code of Ordinances Section 2.564(1)(d) Other Government Entities Contracts, and authorize the appropriate officials to execute same. (consent) SUMMARY: Engineering is responsible for the maintenance and repair of streetlights within City limits. This purchase order allows ALS to work on lighting that requires specialized equipment where Engineering staff are unable to address, including 425 elevated lights on US 19 and the Memorial Causeway. These lights are owned by the State but maintained by the City through a maintenance agreement. The breakdown of lighting on the State roadways maintained by the City, in addition to the 425 mentioned above, is as follows: ·665 Street lights on the state highway system are owned by Duke Energy and the city pays Duke for maintenance and energy. ·Total of 1,090 streetlights on the state highway system that the city pays maintenance on and receives annual reimbursement from the state. ·The city was reimbursed $285,819.80 by the state for this maintenance work in FY 2019/20. ·There are 11,299 streetlights in the city on the local road system (including County roads) and 1,090 on the state highway system for a total of 12,389. ·Engineering Traffic Operations staff repair and maintain the 11,299 lights on non-state roadways within City limits. This purchase order is a piggyback on Florida Department of Transportation (FDOT) Contract Number E2Z74-R0, effective August 3, 2020 through August 2, 2021. APPROPRIATION CODE AND AMOUNT: ENRD180007-CONS-CNSTRC $100,000 Funds are available in capital improvement project ENRD180007, Traffic Safety Infrastructure, to fund this purchase order. Page 1 City of Clearwater Printed on 10/1/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8273 Agenda Date: 10/1/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.9 SUBJECT/RECOMMENDATION: Approve the conveyance of a Distribution Easement to Duke Energy Florida, LLC, d/b/a Duke Energy, for the installation, operation and maintenance of electric facilities to support Duke’s new transformer and electrical facility installation for the new restrooms at the Seminole Boat Ramp project at 302 Seminole Street and authorize the appropriate officials to execute same. (consent) SUMMARY: The Distribution Easement will provide Duke Energy with the rights necessary to construct and maintain its electric equipment within the easement. The Engineering Department supports conveyance of the Distribution Easement. Page 1 City of Clearwater Printed on 10/1/2020 Prepared By: Manny R. Vilaret, Esquire Return To: Duke Energy Vilaret Law, PLLC Attn: Land Services 10901 Danka Circle, Suite C 2401 25th Street North, SP-15 St. Petersburg, Florida 33716 St. Petersburg, Florida 33713 SEC:09 TWP29 RGE: 15 COUNTY: PINELLAS PROJECT: DE WO 36638474 GRANTOR: CITY OF CLEARWATER ADDRESS: PO BOX 4748, Clearwater, FL. 33756 SITE ADDRESS: 302 Seminole St., Clearwater TAX PARCEL NUMBER: 09-29-15-02718-000-0190 DISTRIBUTION EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the undersigned, their heirs, successors, ), in consideration of the mutual benefits, covenants and conditions herein contained, does hereby grant and convey to DUKE ENERGY FLORIDA, LLC, d/b/a DUKE ENERGY, a Florida Limited Liability Company, Post Office Box 14042, St. Petersburg, Florida 33733, and to its successors and assigns, ), an easement to install, operate and maintain in perpetuity, such facilities as may be necessary or desirable for providing electric energy and, said premises in Pinellas County, to wit: A 10.00 foot wide Easement Area lying 5.00 feet on each side of GRANTEE's facilities, as built and installed at a mutually agreeable location over, under, upon, across, through and within the following described property to accommodate present and future development: herein by this reference. The rights herein granted to GRANTEE by GRANTOR specifically include: (a) the right for GRANTEE to patrol, inspect, alter, improve, repair, rebuild, relocate, and remove said facilities; further GRANTEE hereby agrees to restore the Easement Area to as near as practicable the condition which existed prior to such construction, repairs, alteration, replacement, relocation or removal as a result of safe and efficient installation, operation or maintenance of said facilities; (b) the reasonable right for GRANTEE to increase or decrease the voltage and to change the quantity and type of facilities; (c) the reasonable right for GRANTEE to clear the Easement Area of trees, limbs, undergrowth and other physical objects which, in the opinion of GRANTEE, endanger or interfere with the safe and efficient installation, operation or maintenance of said facilities; (d) the reasonable right for GRANTEE to request that GRANTOR trim or remove any trees or vegetation adjacent to, but outside the Easement Area which, in the reasonable opinion of GRANTEE, endangers or interferes with the safe and efficient installation, operation or maintenance of said facilities; (e) the reasonable right for GRANTEE to enter upon land of the GRANTOR adjacent to said Easement Area for the purpose of exercising the rights herein granted; and (f) all other rights and privileges reasonably necessary or convenient for safe and efficient installation, operation and maintenance of said facilities and for the enjoyment and use of said easement for the purposes described above. The rights and easement herein granted are non-exclusive as to entities not engaged in the provision of electric energy and service and GRANTOR reserves the right to grant rights to others affecting said easement area provided that such rights do not create an unsafe condition or unreasonably conflict with the rights granted to GRANTEE herein. GRANTOR hereby covenants and agrees that no buildings, structures or obstacles (except fences) shall be located, constructed, excavated or created within the Easement Area. If the fences are installed, they shall be placed so as to allow ready access to facilities and provide a working space of not less than ten (10) feet on the opening side, six (6) feet on the back for working space and three (3) feet on all other sides of any pad mounted transformer. If future orderly development of the premises is in physical conflict with facilities, GRANTEE shall, within 60 days after receipt of written request from GRANTOR, relocate said facilities to another mutually agreed upon Easement Area in premises, provided that (a) GRANTOR shall reimburse GRANTEE the full actual cost of the relocation, and (b) GRANTOR shall execute and deliver to GRANTEE, at no cost, an acceptable and recordable easement to cover the relocated facilities. Upon the completion of the relocation, the easement herein shall be considered cancelled as to the portion vacated by such relocation. If this easement is being granted to provide electric service to GRANTOR, then this legal description was provided by GRANTOR. In the event facilities are located outside of this legal description, GRANTOR shall pay for any relocation costs necessary or shall amend this legal description to cover the actual facilities. Should this easement be granted to provide electric service to a third party, GRANTEE shall provide the legal description and GRANTOR shall not have any liability related to errors in the legal description. GRANTOR covenants not to interfere with facilities within the Easement Area in premises, and GRANTOR further covenants to indemnify to the extent of Florida Statute 768.28 and hold GRANTEE harmless from damages and injuries, whether to persons or property, arising directly from the negligent act related to GRANTEE GRANTOR or by s agents or employees. Nothing contained herein, however, shall be construed to waive or modify the provisions of Florida Statute 768.28 or the doctrine of sovereign immunity as to any party hereto. In addition, nothing contained herein shall be construed as consent by the GRANTOR to be sued by third parties in any manner arising from this grant of easement, or as a waiver of sovereign immunity. GRANTEE agrees to indemnify and hold GRANTOR harmless for, from and against any and all losses, claims or damages incurred by GRANTOR arising directly from negligence or failure to exercise reasonable care in the construction, reconstruction, operation, use or maintenance of GRANTEE's facilities located on the above described easement. GRANTOR hereby warrants and covenants (a) that GRANTOR is the owner of the fee simple title to the premises in which the above described Easement Area is located, (b) that GRANTOR has full right and lawful authority to grant and convey this easement to GRANTEE, and (c) that GRANTEE shall have quiet and peaceful possession, use and enjoyment of this easement. All covenants, terms, provisions and conditions herein contained shall inure and extend to and be obligatory upon the heirs, successors, lessees and assigns of the respective parties hereto. IN WITNESS WHEREOF, the said GRANTOR has caused this easement to be signed in its corporate name by its proper officers thereunto duly authorized and its official corporate seal to be hereunto affixed and attested this _____ day of ___________________________, 2020. GRANTOR: Countersigned: _________________________________ By: _______________________________ Frank Hibbard, Mayor William B. Horne, II, City Manager Approved as to form: Attest: ____________________________ ____________________________ Laura Mahony Rosemarie Call, City Clerk Assistant City Attorney STATE OF __________________________________ COUNTY OF ________________________________ The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this ______ day _____________, 2020, by Frank Hibbard and William B. Horne, II, the Mayor and City Manager, respectively, of the City of Clearwater, Florida, on behalf of the City who is personally known to me or who has produced ___________________________________________ as identification. [Notary Seal] _______________________________________ Notary Public _______________________________________ Name typed, printed or stamped My Commission Expires: __________________ POINT OF COMMENCEMENT NE Corner of Gov't Lot 3 & NE Corner of the SE 1 4 of Section 9N 17° 07' 52" E 258.96'N 16° 38' 21" E96.32'S 00° 01' 39" E1038.29'N 89° 28' 39" W 1485.52' N 72 ° 5 1 ' 4 6 " W 4 4 8 . 4 7 ' SEMI N O L E S T R E E T ELDRIDGE STREET N OSCEOLA AVENUESue Barco Subdivision Plat Book 1, Page 26 Metes and Bounds 42/02 Clearwater Seminole Boat Ramp Metes and Bounds 42/03 Bayview Condominiums Unrecorded Tract Southwesterly Right-of-Way LinePOINT OF BEGINNING Right-of-Way Centerline N 72° 01' 10" W 213.00' 5 5' 10' Proposed 10' Duke Energy Easement POINT OF ENDING A Duke Energy easement 10' wide lying 5' on each side of the following described line: Commence at the Northeast corner of Government Lot 3, Section 9, Township 29 S, Range 15 E; run thence S 00° 01' 39" E, to the centerline of Eldridge Street, a distance of 1038.29 feet; thence N 89° 28' 39" W, along the centerline of Eldridge Street to the Southwesterly projection of the Southwesterly Right-of-Way line of N Osceola Avenue, a distance of 1485.52 feet; thence N 16° 38' 21" E, along the Southwesterly Right-of-Way line of N Osceola Avenue, a distance of 96.32 feet; thence N 72° 51' 46" W, a distance of 448.47 feet; thence N 17° 07' 52" E, a distance of 258.96 feet to a Point of Beginning; thence N 72° 01' 10" W, a distance of 213.00 feet to a Point of Ending. Containing 0.05 AC MOL This is not a survey CITY OF CLEARWATER ENGINEERING DEPARTMENT DRAWN BY CHECKED BY DATE DRAWN SEC-TWNSP-RNG DWG. NO.SHEET OFExhibit A 10' Duke Energy Easement Jim Benwell Tom Mahony 09/03/2020 Lgl_2020-13 1 1 09 29 S 15 E Legal Description SEMINOLE ST N OSCEOLA AVE ELDRIDGE ST AERIAL MAP Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Map Gen By:Reviewed By:S-T-R:Grid #:Date:Page:Aerial Flown 2019 KN 9/14/2020RB277B9-29s-15e Proposed Duke Energy EasementSeminole Boat Ramp Restroom Project Document Path: C:\Users\Kieffer.Nyland\City of Clearwater\Engineering Geographic Technology - Location Maps\SeminoleBoatRamp-DukeEasement.mxd 1 of 1 Proposed10' Duke EnergyEasement10'213' ² 1" = 100'Scale: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8267 Agenda Date: 10/1/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Fire Department Agenda Number: 7.10 SUBJECT/RECOMMENDATION: Approve the Professional Services Agreement between Innovative Emergency Management, Inc. (IEM) and the City of Clearwater for developing a Continuity of Operations Plan (COOP) document and related services in the amount of $131,660.00 and authorize appropriate officials to execute the same. (consent) SUMMARY: A COOP is a document that lays out a plan to ensure continued performance of essential functions across a full range of potential emergencies, whether they are natural or man-made. It provides guidance and establishes responsibilities and procedures to ensure that business resilience is developed and maintained. COOP is not the same as an Emergency Operations Plan, but rather supplements it in the event normal facility or human resources are not available. A COOP plan ensures: Emergency delegation of authority and line of succession; safekeeping of essential personnel, resources, facilities, and vital records; emergency acquisition of resources necessary for business resumption; and the capability to perform critical functions remotely until resumption of normal operations. IEM’s project timeline includes two phases. The first phase will begin in October 2020 and is separated into six milestones. Milestones one through three focus on developing the COOP plan and will be completed prior to June 1, 2021. Milestones four through six will take place between July and October of 2021 and will focus on identifying opportunities for system improvement and future plan maintenance. The second phase will begin in October of 2021 and will focus on the creation of a tabletop exercise, which they will conduct as an effort to test our system to identify areas for improvement. This phase will be completed by January 2022. The cost for the services is a fixed price of $131,660. APPROPRIATION CODE AND AMOUNT: Funds are available in special program 99927, Emergency Operations, to fund this contract. USE OF RESERVE FUNDS: NA Page 1 City of Clearwater Printed on 10/1/2020 PROFESSIONAL SERVICES AGREEMENT REVISED 01/2020 PAGE 1 OF 29 Professional Services Agreement THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”), made effective as of October 1, 2020, is entered into by and between The City of Clearwater, Florida (“Client”), with principal place of business at 1140 Court Street, Clearwater, FL 33756, and Innovative Emergency Management, Inc. (“IEM”), a corporation organized and existing under the laws of the State of Louisiana, with its principal place of business at 2801 Slater Road, Suite 200, Morrisville, North Carolina, 27560-8477. The Client and IEM are hereinafter referred to individually as a “Party” and collectively as the “Parties.” WHEREAS, the Client desires to obtain the professional services of IEM in connection with the services as described in Schedule A of this Agreement; (“Work”) and WHEREAS, IEM has represented to the client that it is qualified and capable of providing such services in a competent and professional manner; and WHEREAS, the Client desires to contract with IEM to provide such services and IEM desires to provide such services to the Client under the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of these premises and of the mutual covenants and agreements herein contained, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows. 1. Definitions. As used herein, the following terms shall have the meanings set forth below. 1.1. Person. “Person” means any natural person, corporation, limited liability company, association, cooperative, partnership, trust, estate, joint venture, or any other legal entity, including a governmental authority or agency. 1.2. Representative. “Representative” means a Party’s employee, officer, director, manager, agent, or professional advisor. 1.3. Third Party. “Third Party” means a Person that is not a Party to this Agreement. 1.4. Deliverables. “Deliverables” shall mean all work products, whether tangible or intangible, in any format and whether or not copyrightable or patentable, that are delivered to the Client by IEM pursuant to this Agreement or in performance of the Work thereunder. 2. Term. This Agreement shall commence as of October 1, 2020 and shall continue until January 30, 2022 (the “Term”), unless sooner terminated in accordance with the provisions of this Agreement. The Term may not be altered, modified, or amended, in whole or in part, except in writing signed by duly authorized Representatives of both Parties. 3. Termination. 3.1. Termination for Default. If either Party materially defaults in the performance of, or materially fails to perform, any of its material obligations under this Agreement, the non-defaulting Party shall have the right to terminate this Agreement fifteen (15) business days after giving written notice to the breaching party reasonably describing the breach, if the breaching party fails to cure the breach to the non-defaulting party’s reasonable satisfaction within such fifteen (15) business day period. In the event of termination for default, IEM shall be entitled to payment for Work in progress, to the extent the Work has been performed satisfactorily. 3.2. Termination for Convenience. Either Party may terminate this Agreement for convenience upon the giving of ninety (90) calendar days written notice to the other Party of its intention to terminate. In the event of termination for convenience, IEM shall be entitled to payment for Work in progress, to the extent the Work has been performed satisfactorily. 4. Compensation. 4.1. Fees and Expenses (Firm Fixed Price). The Client shall pay to IEM for services rendered a fixed price of $131,660 (“Firm Fixed Price”) under the payment schedule specified in Schedule A of this Agreement. The Firm Fixed Price shall be considered inclusive of wages; materials; travel; all indirect loadings such as overhead, general, and administrative expenses; taxes; and profit. 4.2. Itemized Statements. IEM shall submit to the Client monthly itemized statements of fees and incurred expenses in a form satisfactory to the Client. Statements shall be submitted to the Client at the following address: Via First Class Mail: 1140 Court St. Clearwater, Fl. 33756 727-562-4334 ext 3205 Via Electronic Communication: jevon.graham@myclearwater.com 4.3. Payment of Fees and Expenses. Fees and incurred expenses shall be paid to IEM within thirty (30) calendar days of delivery of an itemized statement to the Client. 5. Engagement. 5.1. Agreement to Perform Services. IEM agrees to perform the Work for the Client. 5.2. Coordination and Progress Reporting. IEM and the Client shall develop appropriate administrative procedures for coordinating with each other and reporting progress. PROFESSIONAL SERVICES AGREEMENT REVISED 01/2020 PAGE 2 OF 29 5.3. Methods and Means of Performing Work. IEM shall perform the Work in an honest, confidential, efficient, prompt, economical, skillful, and careful manner. IEM shall have the right to determine the order, sequence, method, manner, details, and means of performing the services. 5.4. Work Location. IEM shall perform the Work primarily at IEM’s location or locations, except when such projects or tasks require IEM to travel off-site or to the Client's location or locations. 5.5. Tools and Materials. IEM shall provide the tools and materials necessary to perform the Work. 5.6. Client Furnished Information or Resources. The Client shall provide appropriate personnel for consultation, as required, and access to relevant facilities and material that are reasonably necessary for IEM’s performance under this Agreement. IEM shall be entitled to rely upon any Client furnished information, material, or resources without independent verification, unless otherwise provided for herein. In the event that the performance of IEM under this Agreement is delayed due to the failure of the Client to provide necessary and appropriate information, material, or resources that are reasonably necessary for IEM’s performance, appropriate adjustments to the delivery schedule shall be made and such a delay shall not constitute a material breach of this Agreement. 5.7. Inspection and Acceptance of Deliverables. The Client’s acceptance of a Deliverable shall be deemed to have occurred upon successful completion of testing and acceptance of the same by the Client. Notwithstanding the foregoing, a Deliverable shall be deemed accepted by the Client if not rejected in writing to IEM within ten (10) business days of the delivery of said Deliverable to the Client. 6. Independent Contractor. 6.1. Nature of Relationship. It is the intention of the Parties that IEM be an independent contractor and not an employee, agent, or partner of the Client. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee; co-employee; partnership; principal and agent; or joint venture between the Client and IEM. In addition, the Parties acknowledge that neither Party has, or shall be deemed to have, the authority to bind the other Party in any way. 6.2. Non-exclusivity. IEM shall retain the right to perform the same or similar services for others during the Term of this Agreement. 6.3. Subcontractors. IEM may enter into subcontracts with Third Parties for the performance of any part of the Work. IEM shall remain the Client’s sole point of contact for all subcontractor work. 7. Technical Representative. Regarding technical matters relating to this Agreement, the Parties hereby appoint the below-listed representatives. The Client’s Technical Representative, or his/her duly authorized designee, is authorized to issue technical direction to IEM. Such direction may include instructions that provide details regarding, or otherwise clarify, the Work. This direction shall not constitute new assignments, or changes, modifications, or amendments, which justify any change to the Agreement terms and conditions, or price. FOR IEM: Jennifer Pensyl 8550 United Plaza Boulevard, Suite 400 Baton Rouge, LA 70809 225-526-8826 [Voice] Jennifer.pensyl@iem.com [E-mail] FOR CLIENT: Chief Jevon Graham 1140 Court Street Clearwater, FL 33756 727-562-4334 ext. 3205 [Voice] 727-562-4328 [Fax] jevon.graham@myclearwater.com [E-mail] 8. Confidential Information. 8.1. Definitions. For the purposes of this Agreement, “Confidential Information” shall mean any information that is treated as confidential by a Party, including without limitation trade secrets, technology, information pertaining to business operations and strategies, and information pertaining to customers, pricing, and marketing. Confidential Information shall not include information that: (a) is already known to the Party receiving or acquiring it, directly or indirectly, under this Agreement (“Receiving Party”) without restriction on use or disclosure prior to receipt of such information from the Party disclosing Confidential Information under this Agreement (“Disclosing Party”); (b) is or becomes generally known by the public other than by breach of this Agreement by, or other wrongful act of, the Receiving Party; (c) is developed by the Receiving Party independently of, and without reference to, any Confidential Information of the Disclosing Party; (d) is received by the Receiving Party from a Third Party who is not under any obligation to the Disclosing Party to maintain the confidentiality of such information; or (e) is not considered a “trade secret” pursuant to § 815.045, Florida Statutes. 8.2. Obligations of the Parties. The Receiving Party agrees that it: (a) shall treat the Confidential Information as confidential and shall take reasonable precautions to prevent unauthorized disclosure or use of the Confidential Information, such precautions taken being at least as great as the precautions taken to protect its own proprietary information (but in no case less than reasonable care); (b) shall not disclose the Confidential Information to any Third Party without the Disclosing Party’s prior written authorization; (c) shall not use the Confidential Information except for the purpose of providing services or fulfilling obligations under this Agreement; (d) shall promptly return the Confidential Information to the Disclosing Party upon request and upon expiration or termination of this Agreement; and (e) shall limit disclosure of Confidential Information to those Persons requiring such disclosure to perform services under this Agreement. The Receiving Party acknowledges that any violation of this Section 8 shall result in irreparable injury to the Disclosing Party and thus if the Receiving Party should breach or threaten to breach any provision of this this Section 8, the Disclosing Party shall be entitled, in addition PROFESSIONAL SERVICES AGREEMENT REVISED 01/2020 PAGE 3 OF 29 to any other remedies it may have at law or in equity, to a restraining order, injunction, specific performance or other similar remedy in order to enforce this Agreement without the posting of bond. 8.3. Required Disclosure. 8.3.1. Notwithstanding the foregoing restrictions on disclosure, this Agreement shall not preclude the disclosure of Confidential Information if: 8.3.1.1. Such disclosure is required by law, such as a public records request (Chapter 119, Florida Statues) or legal process (“Legal Order”); 8.3.1.2. Such disclosure is required by the U.S. Government; or 8.3.1.3. The Proposed Transaction requires such disclosure, and the Disclosing Party consents in writing prior to such disclosure (which consent shall not be unreasonably conditioned, withheld, or delayed). 8.3.2. Regarding a disclosure pursuant to Section 8.3.1.1 of this Agreement, the Receiving Party required to disclose shall give prompt, prior notice to the Disclosing Party (to the extent permitted by the Legal Order) and, at the request and expense of the Disclosing Party, shall reasonably cooperate with the Disclosing Party to obtain a protective order or other form of confidential protection, if available. If, after providing such notice and assistance as required herein, the Receiving Party remains subject to the Legal Order to disclose any Confidential Information, the Receiving Party (or its Representatives or other persons to whom the Legal Order is directed) shall limit the disclosure to only those portions of the Confidential Information required by the Legal Order. 8.3.3. Regarding a disclosure pursuant to Section 8.3.1.2 of this Agreement, the Receiving Party required to disclose shall give prompt, prior notice to the Disclosing Party and the Confidential Information must be disclosed with any original restrictive legends and such other markings as may be required under U.S. Government regulations to preserve its proprietary nature and the Disclosing Party’s rights therein. 8.3.4. Regarding a disclosure pursuant to Section 8.3.1.3 of this Agreement, the Receiving Party required to disclose shall give prompt, prior notice to the Disclosing Party of the required disclosure. 8.4. Survival of Obligations. The Parties’ obligations under the terms of this Section 8 shall survive the termination or expiration of this Agreement for a period of three (3) years. 9. Indemnification. Each Party shall mutually indemnify, defend, and hold the other harmless from and against any and all damages, losses, liabilities, and expenses arising out of or relating to any claims, causes of actions, lawsuits, or other proceedings, regardless of legal theory, that result solely from each other’s officials’, officers’, agents’, employees’, contractors’, and subcontractors’ (a) intentional misconduct, negligence, or fraud; or (b) products or services including, without limitation, any claims that such products or services infringe any United States patent, copyright, trademark, trade secret or any other proprietary right of any Third Party. This indemnification shall not be construed as a waiver of Client’s sovereign immunity, and shall be interpreted as limited to only such traditional liabilities for which Client could be liable under the common law interpreting the limited waiver of sovereign immunity. Any claims against Client must comply with the procedures found in §768.28, Florida Statues. In order to comply with the requirements of §166.241, Florida Statutes, and Article VII, section 10 of the Florida Constitution, the value of this indemnification is limited to the lesser of the amount payable by either party under the substantive provisions of this Agreement, or the limitations of §768.28, Florida Statutes. In addition, this indemnification shall be construed to limit recovery by the indemnified party against the indemnifier to only those damages caused by the indemnifier’s sole negligence, and specifically not include any attorney’s fees or costs associated therewith. 10. Non-Solicitation. During the term of this Agreement and for a period of one (1) year thereafter, neither Party shall, directly or indirectly, in any manner solicit or induce for employment any individual who is then in the employment of the other Party. A general advertisement or notice of a job listing or opening or other similar general publication of a job search or availability to fill employment positions, including on the Internet, shall not be construed as a solicitation or inducement for the purposes of this Section 10, and the hiring of any such employees or independent contractors who freely respond thereto shall not be a breach of this Section 10. 11. Works for Hire; Ownership. Upon payment in full of all monies owed to IEM, the Client shall own all rights, title, and interest in and to all Deliverables. Ownership does not extend to copyrighted or proprietary information, or to other data in IEM’s lawful possession prior to execution of this Agreement. 12. Costs and Expenses. Except as otherwise provided for in this Agreement, each Party shall bear all costs and expenses incurred by it in complying with this Agreement. 13. Limitation of Liability. IEM’s liability to the Client for any cause whatsoever shall be limited to the purchase price paid to IEM for the products and/or services that are the subject of the Client’s claim. In no event shall either Party be liable to the other or to any Third Party for any loss of use, revenue or profit or for any consequential, incidental, indirect, exemplary, special or punitive damages whether arising out of breach of contract, tort (including negligence) or otherwise, regardless of whether such damage was foreseeable and whether or not such party has been advised of the possibility of such damage. Notwithstanding the foregoing, nothing herein shall limit either party’s liability under Sections 8 or 9 of this Agreement. 14. Dispute Resolution. 14.1. Except as set forth in Section 14.2 herein, in the event of any dispute, claim, question, or disagreement arising out of or relating to this Agreement, or the interpretation, validity, scope, or breach thereof, the Parties shall use their best efforts to settle such dispute, claim, question, or disagreement. To this effect, the Parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both PROFESSIONAL SERVICES AGREEMENT REVISED 01/2020 PAGE 4 OF 29 Parties. If the Parties do not reach such solution within a period of thirty (30) calendar days, then, upon written notice by either Party to the other, all such disputes, claims, questions, or disagreements shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules (including, if applicable, its Procedures for Large, Complex Commercial Disputes), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The location of arbitration shall be Pinellas County, Florida of arbitration shall be English. Any decision by the arbitrator(s) shall be final and binding, and except in the cases of fraud or gross misconduct by the arbitrator(s), the decision rendered shall not be appealable. The prevailing Party, if any, as determined by the arbitrator(s), shall be entitled to recover its costs and fees, including arbitrators’ fees, administrative fees, attorney’s fees, and other reasonable out-of-pocket costs. The arbitration proceedings and arbitration award shall be maintained by the Parties and arbitrator(s) as strictly confidential, except as is otherwise required by law, an order from a court of competent jurisdiction, or as is necessary to confirm, vacate, or enforce any arbitral award and for disclosure in confidence to the Parties’ respective attorneys and tax advisors. 14.2. A Disclosing Party shall not be subjected to the negotiation and arbitration requirements of Section 14.1 in the event of an actual, threated, or alleged breach by the Receiving Party of the Confidential Information obligations herein. In such event, the Disclosing Party may immediately seek relief in a court proceeding. Any such proceeding must be instituted and maintained in the state courts of Pinellas County, Florida or the United States District Court for the Western District of Florida. The Parties hereby irrevocably consent to jurisdiction and venue in such courts for this purpose, and the Parties waive objection to the jurisdiction and venue being in such courts. 15. Choice of Language; Choice of Law. All documentation, correspondence, and communications relating to this Agreement shall be made in the English language. This Agreement, and any dispute or controversy arising out of or relating to this Agreement, shall in all respects be governed by and construed according to the laws of the State of Florida, without giving effect to any principles of conflict of law or choice of law of such State or any other jurisdiction. 16. Force Majeure. If at any time during the existence of this Agreement, any Party is unable to perform whole or in part any obligation under this Agreement because of war; hostility; military operations of any character; civil commissions; sabotage; quarantine restrictions; acts of government; fire; floods; explosions; epidemics; strikes or other labor trouble embargoes; and any other matter beyond human control/capability, then the date of any obligation shall be postponed during the time which such circumstances are operative. 17. Severability. If any part or provision of this Agreement is, for any reason, held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, then such part or provision shall be severable from this Agreement, shall not affect any other part or provision of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable part or provision had never been contained herein. The remaining part or provisions hereof shall remain effective and fully enforceable to the maximum extent permitted by law. 18. No Waiver. The waiver by any Party hereto of any default hereof or of any breach of any covenant, agreement, or condition contained herein shall not be construed to constitute a waiver of any other default or breach hereof, similar or otherwise. No waiver of this Agreement or any portion thereof shall be binding upon any Party unless made in writing signed by a duly authorized Representative of such Party, and no failure or delay in enforcing any right shall be deemed a waiver. 19. Notices. All notices authorized or required to be given pursuant to this Agreement shall be in writing and either delivered by hand; mailed by registered or certified first class mail, postage prepaid; or sent by electronic communication as follows: TO IEM: IEM ATTN: Contract Management 2801 Slater Road, Suite 200 Morrisville, NC 27560 (919) 990-8191 contracts@iem.com TO CLIENT: 1140 Court Street Clearwater, FL 33756 727-562-4334 ext. 3205 [Voice] 727-562-4328 [Fax] jevon.graham@myclearwater.com [E-mail] Any such notice shall be deemed to have been given and received, if delivered or sent by electronic communication, on the day on which it was delivered or sent and, if mailed, on the fifth (5th) business day following the day it was mailed, subject to the provisions of Section 16 of this Agreement. Any electronic communication sent after 3:00 p.m. Eastern Time shall be deemed to have been sent at 9:00 a.m. Eastern Time on the following business day. 20. Parties in Interest; No Assignment. This Agreement is solely for the benefit of the Parties, and shall not be deemed to confer upon or give to any Person any remedy, claim of liability or reimbursement; cause of action; or other right. This Agreement shall be binding on the Parties and their respective successors and permitted assigns. No Party may assign, transfer, or delegate its rights or obligations contained herein without the prior written consent of the other Parties, which consent shall not be unreasonably conditioned, withheld, or delayed. Any change of control of a Party shall be deemed an assignment of this Agreement that requires the prior written consent of the other Parties. For the purposes of this Agreement, “change of control” means any merger; consolidation; sale of all or substantially all of the assets; or sale of a substantial block of stock of a Party. 21. Headings; Construction. The headings in this Agreement are for convenience of reference only and shall not in any way define, limit, or describe the scope or intent of any provisions or sections of this Agreement. The Parties have negotiated the provisions of this Agreement and this Agreement shall be deemed to have been drafted by all Parties hereto. 22. Entire Agreement; Amendments. This Agreement, including all attachments hereto, reflects the complete understanding between the Parties regarding the subject matter hereof and constitutes their entire agreement, superseding all prior negotiations, PROFESSIONAL SERVICES AGREEMENT REVISED 01/2020 PAGE 5 OF 29 representations, agreements, understandings, and statements, whether oral or written, regarding the subject matter hereof. This Agreement may not be altered, modified, or amended, in whole or in part, except in writing signed by duly authorized Representatives of each Party. No statement by any Representative of any Party may be construed as amending this Agreement in any way. 23. Method of Execution. This Agreement may be executed in multiple counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument. In the event that any signature is delivered by facsimile transmission or by electronic mail delivery of a file in Portable Document Format (PDF), such signature shall create a valid and binding obligation of the Party executing (or on whose behalf such signature is executed) with the same force and effect as if such signature page were an original thereof. IN WITNESS WHEREOF, each Party represents that it has read this entire Agreement, comprising 29 pages (including Schedule A), and agrees to perform in accordance with the terms and conditions contained herein. Each Signatory to this Agreement warrants by affixing his or her signature below that he or she is duly authorized to bind the Party whom such Signatory represents. FOR IEM: ________________________________________ Date:____________________________ Ryan Ausman Manager of Contract Administration FOR CLIENT: Countersigned: CITY OF CLEARWATER, FL By: ________________________________________ _________________________________ Frank Hibbard William B. Horne II Mayor City Manager Approved as to form: Attest: ________________________________________ _________________________________ Matthew Smith Rosemarie Call Assistant City Attorney City Clerk Date:_____________________________ PROFESSIONAL SERVICES AGREEMENT REVISED 01/2020 PAGE 6 OF 29 SCHEDULE A: SCOPE OF SERVICES SCOPE OF SERVICES. In developing the COOP plan, the vendor will be required to: a. Review current emergency response plans to identify time-sensitive activities and mission essential functions by department. b. Conduct interviews with key City of Clearwater department personnel and other appropriate individuals to gather COOP data to complete this project. c. Document mission essential functions (MEFs), dependencies, recovery time objectives (RTOs), supplies and equipment, databases, orders of succession, delegation of authority, devolution, continuity facilities and key personnel for each City department. Included as a part of this process is to document risks, vulnerabilities and capabilities within each department that could affect MEFs, systems and records in the event of a disruption event. d. Identify areas of concern and provide the appropriate recommendations that will lead to improved protection of critical systems and records from a disruption event, increase the likelihood of preventing or avoiding a disruption event, and reduce the time required to recover from unavoidable events. Recommendations shall include, but not limited to, specific details of policies, procedures, hardware, software, priorities for recovery of technology, facilities, infrastructure and any other resources required to implement the improvements. e. Work with the City Manager or designee to define the appropriate solutions and approaches that would allow the City to assist each department in their efforts to recover from a disruption event. Included in this process is the identification of site(s) with the appropriate resources and infrastructure needed to conduct recovery operations for all critical systems and processes and allow access by essential staff within targeted departments. f. Develop a COOP document for the City addressing each department that can be updated as systems and procedures change over time. The vendor must provide a plan format that will allow the City and each department a consistent methodology to use to recover from a disruption event g. The COOP document must include a detailed training and testing schedule and methodology to properly test and update the plan as needed. DELIVERABLES. A.RA/VA/CA report B. Draft version of 21 department COOP plans and one citywide COOP plan. B. COOP Maturity Matrix C. Solutions Document D. Testing and Plan Maintenance Schedule E. Tabletop Exercise (TTX) documentation with AAR/IP F. Twenty-one (21) bound copies and one (1) electronic copy of the final approved COOP plans. PROFESSIONAL SERVICES AGREEMENT REVISED 01/2020 PAGE 7 OF 29 PROFESSIONAL SERVICES AGREEMENT REVISED 01/2020 PAGE 8 OF 29 PROFESSIONAL SERVICES AGREEMENT REVISED 01/2020 PAGE 9 OF 29 PROFESSIONAL SERVICES AGREEMENT REVISED 01/2020 PAGE 10 OF 29 PROFESSIONAL SERVICES AGREEMENT REVISED 01/2020 PAGE 11 OF 29 PROFESSIONAL SERVICES AGREEMENT REVISED 01/2020 PAGE 12 OF 29 PROFESSIONAL SERVICES AGREEMENT REVISED 01/2020 PAGE 13 OF 29 PROFESSIONAL SERVICES AGREEMENT REVISED 01/2020 PAGE 14 OF 29 PROFESSIONAL SERVICES AGREEMENT REVISED 01/2020 PAGE 15 OF 29 PROFESSIONAL SERVICES AGREEMENT REVISED 01/2020 PAGE 16 OF 29 PROFESSIONAL SERVICES AGREEMENT REVISED 01/2020 PAGE 17 OF 29 PROFESSIONAL SERVICES AGREEMENT REVISED 01/2020 PAGE 18 OF 29 PROFESSIONAL SERVICES AGREEMENT REVISED 01/2020 PAGE 19 OF 29 PROFESSIONAL SERVICES AGREEMENT REVISED 01/2020 PAGE 20 OF 29 PROJECT TIMELINE PHASE 1 Milestone 1 Project Implementation and Kickoff Meeting October 2020 Milestone 2 Review ERPs and COOP plan October 2020 Milestone 3 Develop Draft COOP Plans Milestone 3.1 Conduct RA/VA/CA October 2020-December 2020 Milestone 3.2 Conduct Interviews with 21 City Departments December 2020--February 2021 Milestone 3.3 Conduct Validation Meetings with Departments March 2021 Milestone 3.4 Develop Citywide COOP plan April-June 2021 Milestone 4 Develop COOP Maturity Document July-August 2021 Milestone 5 Work with City Managers to Identify Solutions September 2021 Milestone 6 Develop Testing and Plan Maintenance Schedule October 2021 PHASE 2 Task 1 Conduct SVA for Critical Facilities OMITTED Task 2 Conduct COOP Training with Departments OMITTED Task 3 Conduct Tabletop Exercise (TTX) October 2021-January 2022 PROFESSIONAL SERVICES AGREEMENT REVISED 01/2020 PAGE 21 OF 29 PROFESSIONAL SERVICES AGREEMENT REVISED 01/2020 PAGE 22 OF 29 PROFESSIONAL SERVICES AGREEMENT REVISED 01/2020 PAGE 23 OF 29 PROFESSIONAL SERVICES AGREEMENT REVISED 01/2020 PAGE 24 OF 29 PROFESSIONAL SERVICES AGREEMENT REVISED 01/2020 PAGE 25 OF 29 PROFESSIONAL SERVICES AGREEMENT REVISED 01/2020 PAGE 26 OF 29 PROFESSIONAL SERVICES AGREEMENT REVISED 01/2020 PAGE 27 OF 29 PROFESSIONAL SERVICES AGREEMENT REVISED 01/2020 PAGE 28 OF 29 PROFESSIONAL SERVICES AGREEMENT REVISED 01/2020 PAGE 29 OF 29 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8151 Agenda Date: 10/1/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Information Technology Agenda Number: 7.11 SUBJECT/RECOMMENDATION: Authorize an increase of $600,000 to Purchase Order 900709 to GSA Security, Inc. of Tampa, FL, for the Purchase, Installation, Maintenance, and Repairs of Security Cameras; for a revised total amount of $1,000,000 for the three-year term expiring on June 24, 2022, pursuant to Clearwater Code of Ordinances Section 2.564(1)(d) Exceptions to Bid - Other Government Entities’ Bids and authorize the appropriate officials to execute same. (consent) SUMMARY: On October 16, 2019, Council authorized a purchase order to GSA Security Inc., of Tampa FL in the amount of $400,000 piggybacking off of the City of St. Petersburg for a three-year term expiring on June 24, 2022. Work under this multi-year contract is for camera and related equipment/software installations at locations and facilities across the City; including the procurement of materials, wiring and camera installation, camera implementation and activation of Axis IP cameras. Work of this nature will require the vendor to utilize a bucket truck or other form of personnel lift. Permits and removal of waste materials resulting from the installation of the cameras and mounting structures are the responsibility of the vendor. The City’s current population of camera’s is approximately 750 items and is composed primarily of exterior facility security cameras. Future projects anticipated during this contract term include Crest Lake Park, Main Library Renovation, Imagine Clearwater Waterfront, Cleveland Street Downtown District, and the Intelligent Policing Project. APPROPRIATION CODE AND AMOUNT: Installation of security cameras at other city facilities will be funded from various operating/capital codes as requested. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 10/1/2020 8/19/2020 City of Clearwater - File #: ID#19-6776 https://clearwater.legistar.com/LegislationDetail.aspx?ID=4163057&GUID=89D2E342-528E-4EC3-A997-47DFA2902FC9 1/2 File #:ID#19-6776 Version: 1 Name:Award a contract (blanket purchase order) to GSA Security Inc. Type:Action Item Status:Passed File created:9/4/2019 In control:Information Technology On agenda:10/16/2019 Final action:10/16/2019 Title: Authorize the piggyback of City of St. Petersburg Contract for Security Cameras, Installation, Maintenance, and Repairs, to GSA Security, Inc. of Tampa, FL; in the amount of $400,000 for the 3-year term expiring on June 24, 2022, pursuant to Clearwater Code of Ordinances Section 2.564(1)(d) Exceptions to Bid - Other Government Entities' Bids and authorize the appropriate officials to execute same. (consent) Attachments:1. Notice to Award_GSA.pdf, 2. StPeteExecutedAgreement.pdf SUBJECT/RECOMMENDATION: Title Authorize the piggyback of City of St. Petersburg Contract for Security Cameras, Installation, Maintenance, and Repairs, to GSA Security, Inc. of Tampa, FL; in the amount of $400,000 for the 3-year term expiring on June 24, 2022, pursuant to Clearwater Code of Ordinances Section 2.564(1) (d) Exceptions to Bid - Other Government Entities’ Bids and authorize the appropriate officials to execute same. (consent) Body SUMMARY: The scope of services to be performed includes procurement, installation, and activation of Axis IP cameras. The work includes, but is not limited to, supplying the cameras, materials, wiring installation, camera implementation and start-up, etc. Work will require the vendor to utilize a bucket truck or other form of personnel lift. Permits and removal of waste materials resulting from the installation of the cameras and mounting structures are the responsibility of the vendor. The City’s current population of camera’s is approximately 650 and is composed primarily of exterior facility security cameras. Future projects anticipated for this contract term include Station Square Park, Crest Lake Park, the new Clearwater Gas Complex and the Solid Waste Transfer Station. Lori Vogel | My Account | Help Center | Sign Out Home Legislation Calendar City Council Departments People Archived Meetings Details Reports History (2)Text 8/19/2020 City of Clearwater - File #: ID#19-6776 https://clearwater.legistar.com/LegislationDetail.aspx?ID=4163057&GUID=89D2E342-528E-4EC3-A997-47DFA2902FC9 2/2 Work under this multi-year contract will be camera and related equipment/software installations at locations and facilities across the City. APPROPRIATION CODE AND AMOUNT: Installation of security cameras at other city facilities will be funded from various operating/capital codes as requested. USE OF RESERVE FUNDS: N/A Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8155 Agenda Date: 10/1/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Information Technology Agenda Number: 7.12 SUBJECT/RECOMMENDATION: Approve a Purchase Order increase to Crown Castle, Inc., of Clearwater, FL, in the amount of $58,000 for a total not to exceed amount of $137,000 for remainder of this term ending September 30, 2022, to accommodate increased internet service provision, and authorize the appropriate officials to execute same. (consent) SUMMARY: The computer network utilizes Crown Castle as one of 3 internet service providers (ISP’s) on its wide-area-network (WAN) for support of enterprise operations. Recent changes in programs (Intelligent Policing, Police Body Cameras, etc.), the addition of new facilities (Station 48 EOC), and anticipated changes in technology services (Telephone/VoIP) have increased bandwidth requirements in support of City operations. The increased charges will be used to add a secondary connection from Crown Castle to our WAN architecture with an additional 500Mbps capacity. The secondary ISP connection will have a monthly recurring charge of $2,200 and a one-time installation charge. APPROPRIATION CODE AND AMOUNT: Funds are available in cost code 5559862-530300, Contractual Services, for this increase. Page 1 City of Clearwater Printed on 10/1/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8160 Agenda Date: 10/1/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Information Technology Agenda Number: 7.13 SUBJECT/RECOMMENDATION: Authorize a piggyback off of the State of Florida Department of Management Services Contract DMS-08/09-071, for SUNCOM long distance service, State AIN Centranet lines, and toll-free lines, in an amount not to exceed $134,220 for the period October 1, 2020 through September 30, 2021, pursuant to Clearwater Code of Ordinances Section 2.564 (1)(d) Other Government Entities and authorize the appropriate officials to execute same. (consent) SUMMARY: The DMS SUNCOM services are telecommunications infrastructure and services used for all City alarm systems (~180 lines) and every location that is not connected to the City’s main PBX (Private Branch Exchange) system (~250). There are 430 individual phone lines used by the City at a rate of approximately $20/line/month, which is an approximate 50% discount from commercial service provider by our local carrier options. Many of these service lines are enhanced with long-distance service, local exchange connections, “800” services and conference calling capability. Department of Management Services Total - $134,220 - Long Distance $658 per month x 12 = $7,896 - Local $124 per month x 12 = $1,488 - Centranet lines $10,400 per month x 12 = $124,800 - 800 # $3.00 per month x 12 = $36.00 APPROPRIATION CODE AND AMOUNT: Funds are available in cost code 5559865-541200, Telephone Charges. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 10/1/2020 FY2018 SUNCOM E-rate Contracts Service Company SPIN Contract Number Form 470 Number Allowable Contract Date AD Termination Date How many bids were received for this 470? Does this contract include voluntary extensions? Yes or No How many Renewals are left on the contract? If yes in column k: What is the contract expiration date if all extensions are exercised? Is there a statute, rule, or other restriction which prohibits publication of the specific pricing information for this contract? Yes or No CENTREX/ Local Service (including Toll Charges)BellSouth (dba AT&T)143004824 DMS-06/07-086 170051117 12/26/2016 2/6/2007 6/30/2018 1 Yes 0 6/30/2018 No CENTREX/ Local Service (including Toll Charges)CenturyLink 143001444 DMS-08/09-057 500440000701829 12/17/2008 2/9/2009 1/4/2019 2 Yes 0 1/4/2019 No CENTREX/ Local Service (including Toll Charges)Frontier 143001435 DMS-08/09-071 598350000730295 2/25/2009 5/18/2009 1/19/2022 1 Yes 0 1/19/2022 No Florida Information Resource Network (FIRN)AT&T 143004824 DMS-08/09-061 170051136 12/26/2016 1/12/2009 6/30/2018 2 Yes 0 6/30/2018 No Hosted Voice over IP Services (VIPS)BellSouth (dba AT&T)143004824 DMS-06/07-086 170051117 12/26/2016 2/6/2007 6/30/2018 1 Yes 0 6/30/2018 No Long Distance Services EarthLink/DeltaCom 143001196 DMS-10/11-036 889440000927431 7/29/2011 9/9/2011 9/8/2019 1 Yes 2 9/8/2019 No Mobile Communications Services (MCS)AT&T 143025240 DMS-10/11-008A 589820000849672 9/30/2010 1/11/2012 1/10/2022 4 Yes 0 1/10/2022 No Mobile Communications Services (MCS)Sprint 143006742 DMS-10/11-008B 589820000849672 9/30/2010 1/13/2012 1/12/2022 4 Yes 0 1/12/2022 No Mobile Communications Services (MCS)Verizon 143000677 DMS-10/11-008C 589820000849672 9/30/2010 1/20/2012 1/19/2022 4 Yes 0 1/19/2022 No MyFloridaNet (MFN)AT&T 143004824 14-973-800-R 170051124 12/26/2016 4/20/2006 6/30/2018 3 Yes 0 6/30/2018 No Remote Broadband Service (RBS)AT&T 143004824 DMS-08/09-027 170047436 12/13/2016 7/13/2009 7/12/2017 3 Yes 0 7/12/2017 NoSIP Trunking Services BellSouth (dba AT&T)143004824 DMS-06/07-086 170051117 12/26/2016 2/6/2007 6/30/2018 1 Yes 0 6/30/2018 No SmartIP Trunking Services CenturyLink 143001444 DMS-08/09-057 500440000701829 12/17/2008 2/9/2009 1/4/2019 2 Yes 0 1/4/2019 No Toll-Free (800) Services EarthLink/DeltaCom 143001196 DMS-08/09-078 839180000733215 3/9/2009 3/23/2009 3/19/2019 4 Yes 0 3/19/2019 No Wiring and Cabling Services (TIPS)CenturyLink 143001444 DMS-12/13-001B 405490001053966 11/26/2012 2/7/2013 6/30/2019 14 Yes 3 6/30/2019 No Wiring and Cabling Services (TIPS)Data Set Ready 143031203 DMS-12/13-001E 405490001053966 11/26/2012 2/7/2013 6/30/2019 14 Yes 3 6/30/2019 No Wiring and Cabling Services (TIPS)Delta Technologies 143004735 DMS-12/13-001F 405490001053966 11/26/2012 2/7/2013 6/30/2019 14 Yes 3 6/30/2019 No Wiring and Cabling Services (TIPS)Structured Cabling Solutions 143024345 DMS-12/13-001L 405490001053966 11/26/2012 2/7/2013 6/30/2019 14 Yes 3 6/30/2019 No Wiring and Cabling Services (TIPS)Universal Cabling Systems 143006656 DMS-12/13-001M 405490001053966 11/26/2012 2/7/2013 6/30/2019 14 Yes 3 6/30/2019 No Wiring and Cabling Services (TIPS)VT Milcom 143007450 DMS-12/13-001N 405490001053966 11/26/2012 2/7/2013 6/30/2019 14 Yes 3 6/30/2019 No MyFloridaNet2 (MFN2)Harris Coporation 143042915 DMS- 13/14-024 963130001238366 7/9/2014 10/28/2016 10/27/2023 2 Yes 1 10/27/2030 NoREmote Broadband Service 2(RBS2)AT&T 143004824 DMS 16/17-014 170047436 12/13/2016 12/19/2017 12/19/2021 2 Yes 1 12/19/2025 No 1/23/2018 †† Only Wireless Air Cards are billed through DMS. All other equipment or services will be directly billed to the customer by the provider. Acronym Key: ACD = Allowable Contract Date - the earliest date that an applicant can sign a contract for contracted services or enter into an arrangement for tariffed (T) or month-to-month (MTM) services with a service provider. This date must be a minimum of 28 days after the posting of the FCC Form 470 and/or the public availability of the RFP (if one is issued), whichever is later. From the USAC E-rate Glossary of Terms (Adobe PDF Document) AD = Award Date- Earliest date you can begin using the contract after all signuatures have been received SPIN = Service Provider Identification Number § Some customers may be billed directly by the provider. Customers billed directly by the provider should file their own E-rate application for the direct-billed service. If you are unsure if ‡ In some situations, customers may be directly billed by provider for this service, rather than receiving bills from DMS. Direct-billing by provider may occur if any of the following are true: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8229 Agenda Date: 10/1/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 7.14 SUBJECT/RECOMMENDATION: Authorize the purchase of vehicles (heavy and light duty) and equipment as approved in the 20/21 Fiscal Year Budget for a not-to-exceed amount of $6,535,100.00, per the recommended contracts in accordance with Clearwater Code of Ordinances Section 2.564 (1)(d) Other Government Entities; declare surplus effective upon receipt of new vehicles and equipment and authorize for disposal at auction the vehicles and equipment being replaced in accordance with Clearwater Code of Ordinances Section 2.622, or trade-in if in the best interest of the city in accordance with Clearwater Code of Ordinances Section 2.621, Sale of Surplus Property - Exceptions, and authorize the appropriate officials to execute same. (consent) SUMMARY: The Fleet Department is requesting a consolidated expenditure authorization not to exceed $6,535,100.00 for the acquisition of vehicles and equipment. New purchases are to replace designated units due for replacement in Fiscal Year (FY) 2021, which have reached the end of their useful and economic life. Factors used to determine the end of useful life and economic life include but are not limited to: age, life to date, mileage/hours of operations, historical maintenance cost as compared to like vehicles, operating cost per mile/hour, anticipated and ongoing repairs, and physical condition. All contracts recommended for purchase authorization are competitively bid and awarded by their respective jurisdictions: ·FSA/FAC is a purchasing cooperative in the State of Florida for police and municipal requirements. Contract# FSA18-VEL26.0 October 1, 2019 - September 30, 2020 and Contract # FSA18-VEH16.0 October 1, 2019 - September 30, 2020. There is an anticipated contract renewals with effective dates of October 1, 2020- September 30, 2021. ·Sourcewell (formerly NJPA) is a purchasing cooperative operating under legislative authority in the State of Minnesota. Contract #120716-NAF January 17, 2017- January 17, 2022. ·The HGAC is a regional purchasing cooperative in Southeastern Texas comprising over thirteen counties and 100 cities. Contract# GR01-20 January 1,2020 - December 31, 2021 and Contract # VE11-18 November 11, 2018- October 31, 2020. ·State of Florida, Department of Management Services, cooperatively bids requirements of agencies throughout Florida. Contract #21100000-15-1 September 01, 2015- December 31, 2020. Contract # 25101600-16-1 October 1, 2016- September 30, 2021. The preparation of a new vehicle may include the application of decals, accessories or Page 1 City of Clearwater Printed on 10/1/2020 File Number: ID#20-8229 upfitting of components. Due to delays in vehicle delivery and part manufacturing for upfitting, the Fleet Department is requesting approval to keep G 3929 G3930 G4018 G4020 and G4023 for up to an additional six months after their respective replacements have arrived and are deemed road ready. Vehicles and equipment designated for surplus authorization will be transferred to auctioneer Tampa Machinery Auction for disposition upon mobilization of the replacement vehicle or traded-in, whichever is deemed to be in the City’s best interest. APPROPRIATION CODE AND AMOUNT: Fund Impacted 010 Fund Impacted General Fund $1,824,000.00 419Stormwater $0.00 421Public Utilities $334,000.00 423Gas $237,000.00 424Solid Waste $2,610,000.00 426Recycling $112,000.00 432Marina $0.00 435Parking $0.00 565General Services $84,000.00 566General Services $0.00 General Fund Subtotal $5,201,000.00 Penny Funds (315-94238)$101,000.00 Garage Fund Motorized Cash (315-94233)$198,300.00 Parks Cash (010-TBD)$35,700.00 Fire L/P Additional (316-91236)$78,000.00 Parks & Rec L/P Additional (L1901)$163,100.00 Stormwater L/P Additional (C1908)$758,000.00 Miscellaneous Fund Subtotal $1,334,100.00 Fiscal Year 20/21 Total $6,535,100.00 Page 2 City of Clearwater Printed on 10/1/2020 Dept Cost Center Old Unit #Year Old Make Yrs Mileage/ Hours Dept Total New Year New Make Pub Comm 9872 G3431 2008 Chevrolet Express 1500 8 Passenger van 13 99,080 2011 Ford Transit Connect (G3785 from Pub Util) - Eng/Product 1313 G3784 2011 Chevrolet Suburban 4WD 10 78,015 2021 Ford F150 Crew 4WD w/Surveyor Pack Eng/Traffic 1331 G2915 2003 Fairwest Trailer Mtd Thermoplastic Premelter 18 8,262 2021 Transline Dual 1000# Pre-Melter Trailer 110,000 Stormwater 2090 G2552 2003 Smallline Pump 18 964 2021 MWI HTC004 Sub-Pump on Trailer Stormwater 2090 G3411 2007 Bobcat MT52 Mini Track Loader 14 751 2021 Bobcat Mini Track Loader MT85 Stormwater 2090 G3042 2004 Diversified 300G Water Tank 17 2021 Intl MV607 w/ Niece 2K Water Tank Stormwater 2090 G2609 1993 Water Tank Trailer 28 just turn in without replacement Stormwater 2090 new add 2021 Gradall XL4100 6x6 Stormwater 2090 new add 2021 Alamo RidgeRunner Brush Mower 758,000 Fire 1230 G3638 2010 GMC Yukon 2500 2WD 10 72,651 2021 Chevrolet Suburban 4WD - Red Fire 1230 G3640 2010 GMC Yukon 2500 4WD 10 57,136 2021 Chevrolet Suburban 4WD - Red Fire 1240 G3872 2013 Chevrolet Suburban 4WD 7 87,440 2021 Chevrolet Suburban 4WD - Red Fire 1251 G4053 2015 Chevrolet Suburban 4WD (ME45 Reserve)5 58,177 2021 Chevrolet Suburban 4WD - Red Fire 1230 G3861 2012 Chevrolet Malibu 8 50,549 2021 Ford Explorer 2WD Fire-Lifeguard 1372 new add 2021 Honda Fourtrax Foreman Rubicon 222,000 Gas 2063 G3922 2012 Ford Fusion SE 9 95,802 2021 Ford Fusion Hybrid Gas 2064 G3923 2012 Ford Fusion SE 9 68,490 2021 Ford Fusion Hybrid Gas 2066 G3103 2006 Bobcat 331G Mini Excavator 15 780 2021 Bobcat E35 Mini Excavator Gas 2067 G4176 2016 GMC 2500 Cargo Van CNG 5 98,513 2021 Ford Transit Connect Commerical Gas 2073 G4088 2015 Ford F350 Reg Cag Service Body CNG 6 109,311 2021 Ford F350 Reg Cab 2WD DRW SVC Body Gas 2078 G4139 2015 Ford F250 Ext Cab CNG 6 117,152 2021 Ford F150 Ext Cab 2WD Gas 2174 G3859 2012 Ford F250 Reg Cab Service Body 9 97,468 2021 Ford F250 Reg Cab 2WD SVC Body 237,000 Bldg & Maint 6531 G3095 2006 Chevrolet Silverado 1500 15 61,045 2021 Ford F250 Ext Cab 2WD SVC Body w/Lift Gate Bldg & Maint 6531 G3266 2006 CHEVROLET SIVERADO 2500HD 15 68,259 2021 Ford F250 Ext Cab 2WD SVC Body w/Lift Gate 84,000 Parks-Streets 1341 G2301 2000 International 4700 Crew Cab Dump 21 104,233 2021 Intl MV607 Crew Flat Bed Dump Parks 1808 G2478 2003 Toro Workman 2110 Utility Vehicle 18 491 2021 Club Carry All 4WD Cart Parks 1862 G3123 2007 GMC 4500 Crew Cab Van Scaper Enclosed Body 14 68,111 2021 Chevrolet 4500XD Crew Cab w/VanScaper Parks 1863 G2822 2005 GMC 4500 Crew Cab Van Scaper Enclosed Body 16 79,778 2021 Chevrolet 4500XD Crew Cab w/VanScaper Parks 1863 G3319 2007 GMC 4500 Crew Cab Van Scaper Enclosed Body 14 57,689 2021 Chevrolet 4500XD Crew Cab w/VanScaper Parks 1863 G3645 2010 Toro Zmaster Riding Mower 72" Deck 11 2,552 2021 Toro Groundsmaster 72" Turn Mower Parks 1864 G2818 2005 GMC 4500 Crew Cab Van Scaper Enclosed Body 16 56,263 2021 Chevrolet 4500XD Crew Cab w/VanScaper Parks 1864 G2927 2003 Toro Workman 2110 Utility Vehicle 18 1,043 2021 Toro Workman HDX-D w/dump bed Parks 1864 G3318 2007 GMC 4500 Crew Cab Van Scaper Enclosed Body 14 47,002 2021 Chevrolet 4500XD Crew Cab w/VanScaper Parks 1867 G2708 2003 Toro Z Master Riding Mower 18 2,792 2021 Toro Z Mower 60" Parks 1868 G3778 2011 Chevrolet Silverado 2500 2WD Svc Body 10 85,685 2021 Ford F350 Reg Cab 2WD SVC Body Parks 1872 G0696 1992 Brewer Trailer 29 na 2021 Big Tex 14OA-22 Trailer Parks 1872 G2600 2002 Crosley 8x 20 Trailer 19 na 2021 Big Tex 25PH-25+5 Trailer Parks 1874 G2701 2004 Sterling Aceterra Jaws Truck 17 148,021 2021 Intl MV MV607 Petersen TL3 Dump Body Parks 1881 G3145 2006 Jacobsen Groom Master 2 15 1,616 2021 Toro Sand Pro 3040 Dept Cost Center Old Unit #Year Old Make Yrs Mileage/ Hours Dept Total New Year New Make Parks 1883 G3739 2010 Toro Reelmaster 5510-D Mower 11 3,739 2021 Toro Reelmaster 5510-D Mower Parks 1886 G3141 2006 Toro Sand Pro 2020 Pro Mower 15 3,506 2021 Toro Sand Pro 3040 Parks 1842 new add 2021 Club Carry All 4WD Cart Parks 18XX new add 2021 Toro Workman HDX-D w/dump bed Parks 18XX new add 2021 Toro Workman HDX-D w/dump bed Parks 18XX new add 2021 Ford F150 Ext Cab Parks 18XX new add 2021 Toro Grandstand Multiforce Blower Parks 1867 new add 2021 Big Tex 14TL22 HD Tilt Trailer Parks 1867 new add 2021 Toro Zero Turn Mower 72" Parks 1868 new add 2021 Water Truck Removable Skid Parks 1868 new add 2021 Chemical Spray Rig Removable Skid Parks 1877 new add 2021 Paladin 82" 4-1 Bucket for G4726 Parks 1877 new add 2021 Frontier RC20605' Brush Cutter for G4118 Parks 1881 new add 2021 Sports Turf Renovator PTO60 1,255,600 Police 1121 G2745 1994 Honda Passport 27 162,947 2021 Nissan Altima-White Police 1121 G3900 2013 Dodge Charger 8 93,545 2021 Dodge Charger-Black Police 1129 G3845 2012 Nissan Pathfinder 2WD 9 91,915 2021 Ford F150 Crew Cab-Dark Blue Police 1131 G0207 1985 Interstate Enclosed Trailer 36 na 2021 Encloseed Trailer 7x16 Police 1131 G3467 2008 Ford Crown Victoria 13 84,030 2021 Ford Interceptor SUV Hybrid-White Police 1131 G3575 2009 Ford Crown Victoria 12 92,898 2021 Ford Interceptor SUV Hybrid-White Police 1131 G3576 2009 Ford Crown Victoria 12 118,868 2021 Dodge Charger-White Police 1131 G3584 2009 Ford Crown Victoria 12 102,593 2021 Ford Interceptor SUV Hybrid-White Police 1131 G3663 2010 Ford Crown Victoria 11 106,235 2021 Dodge Charger-White Police 1131 G3665 2010 Ford Crown Victoria 11 127,785 2021 Ford Interceptor SUV Hybrid-White Police 1131 G3759 2011 Ford Crown Victoria 10 92,368 2021 Ford Interceptor SUV Hybrid-White Police 1131 G3797 2011 Ford Crown Victoria 10 89,006 2021 Ford Interceptor SUV-White Police 1131 G3811 2011 Ford Crown Victoria 10 87,076 2021 Ford Interceptor SUV-White Police 1131 G3910 2013 Ford F150 Ext Cab Pick Up 8 100,238 2021 Nissan Frontier King Cab Police 1131 G3929 2013 Chevrolet Tahoe 2WD 8 91,866 2021 Chevrolet Tahoe 4WD Police 1131 G3930 2013 Chevrolet Tahoe 2WD 8 95,367 2021 Chevrolet Tahoe 4WD Police 1131 G4018 2013 Chevrolet Tahoe 8 98,513 2021 Chevrolet Tahoe 4WD Police 1131 G4020 2013 Chevrolet Tahoe 8 88,634 2021 Ford Interceptor SUV-White Police 1131 G4023 2014 Chevrolet Tahoe 7 93,964 2021 Ford Interceptor SUV-White Police 1135 G1450 1995 Express Enclosed Trailer 26 2021 Encloseed Trailer 7x16 Police 1135 G3225 2005 American Signal CMS432-T Trailer 16 2021 Wanco Mini-Mattrix VMB Police 1135 G3226 2005 American Signal CMS432-T Trailer 16 2021 Wanco Mini-Mattrix VMB Police 1135 G3227 2005 American Signal CMS432-T Trailer 16 2021 Wanco Mini-Mattrix VMB Police 1135 G3228 2005 American Signal CMS432-T Trailer 16 2021 Wanco Mini-Mattrix VMB Police 1135 G3815 2012 Smart VMS HS Trailer 9 2021 Wanco Mini-Mattrix VMB 764,000 Pub Utilities 1347 G3731 2010 Bobcat 3200 2WD Utility Vehicle 11 1,196 2021 Bobcat U34 Cart 4WD Pub Utilities 1347 G2002 1996 Olympian CT60 Portable Generator 25 3,693 2021 Blue Star JD80-03FT4MP 80KW Pub Utilities 1347 G3790 2011 Chevrolet Silverado 2500 SVC Body 10 45,878 2021 Ford F250 Ext Cab 4WD SVC Body w/Lift Gate Pub Utilities 1347 G3598 2009 Bobcat 2100 2WD Utility Vehicle 12 1,256 2021 Bobcat U34 Cart 4WD Pub Utilities 1347 G3394 2004 Gorman 6" Rupp Trash Pump w/trailer 17 496 2021 Godwin Dri-Prime CD150 Pump Pub Utilities 1353 G3785 2011 Ford Transit Connect 10 43,412 2021 Ford F150 Hybrid Ext Cab 2WD Pub Utilities 2051 G968 1986 General Backhoe Trailer 35 na 2021 Big Tex 14TL-22 HD Tilt Bed Trailer Dept Cost Center Old Unit #Year Old Make Yrs Mileage/ Hours Dept Total New Year New Make Pub Utilities 2051 G2895 2003 Crosley Equipment Trailer 18 na 2021 Big Tex 14TL-22 HD Tilt Bed Trailer Pub Utilities 2051 G3273 2006 Chevrolet Silverado 1500 15 86,434 2021 Ford F150 Crew Cab 2WD Pub Utilities 2051 G2774 2003 Crosley Equipment Trailer 18 na 2021 Big Tex 14TL-22 HD Tilt Bed Trailer Pub Utilities 2054 G3187 2006 Chevrolet Silverado 1500 15 88,931 2021 Ford F250 Ext Cab 2WD SVC Body Pub Utilities 2057 G3366 2007 Ford F150 2WD 14 70,996 2021 Ford F150 Reg Cab 4WD Pub Utilities 2057 G3367 2007 Ford Ranger Truck 14 74,798 2021 Toyota Prius 382,500 Solid Waste 2082 G3772 2011 Peterbilt ASL CNG 10 68,381 2021 Autocar ACX w New Way ASL Body-CNG Solid Waste 2082 G3603 2010 Crane Carrier REL 11 87,308 2021 Crane Carrier LET REL-CNG Solid Waste 2082 G3755 2011 Crane Carrier REL 10 90,390 2021 Crane Carrier LET REL-CNG Solid Waste 2082 G3841 2013 Peterbilt ASL- CNG 8 68,321 2021 Autocar ACX w New Way ASL Body-CNG Solid Waste 2082 G3842 2013 Peterbilt ASL- CNG 8 74,001 2021 Autocar ACX w New Way ASL Body-CNG Solid Waste 2084 G3025 2005 Sterling LT9500 Tractor 16 211,032 2021 Peterbilt 567 Tractor CNG Solid Waste 2084 G3284 2006 CAT 416E Backhoe 15 1,963 2021 CAT 950M Wheel Loader Solid Waste 2087 G3212 2007 Ford Truck F750 w/360 14 118,246 2021 Ford F650 w/ 360 Container Solid Waste 2087 G2561 2002 Case 588G Forklift 19 5,918 2021 Case 588H Forklift 2,610,000 Recycling 2043 G3736 2010 Bobcat S650 Skid Steer 11 5,902 2021 Bobcat S76 Skid Steer Loader Recycling 2043 G3883 2012 CAT 262 Skid Steer 9 2,963 2021 Bobcat S76 Skid Steer Loader 112,000 6,535,100 Fund Impacted 010 General Fund 1,824,000 L/P 419 Stormwater - L/P 421 Public Utilities 334,000 L/P 423 Gas 237,000 L/P 424 Solid Waste 2,610,000 L/P 426 Recycling 112,000 L/P 432 Marina - L/P 435 Parking - L/P 555 IT - L/P 565 General Services 84,000 L/P 566 General Services - TOTAL 5,201,000 101,000 Cash 198,300 Cash 35,700 Cash 78,000 L/P 163,100 L/P 758,000 L/P 6,535,100 9,096,700 (2,561,600) -28.16% Penny Funds (315-94238) Garage Fund-Motorized Equipment Cash (315-94233) Parks Cash (010-TBD) Budget Increase/Decrease Total 20/21 Vehicle Replacement Budget Total for 19/20 Vehicle Replacement Budget Budget Change 19/20 vs 20/21 Fire Dept L/P Additional (315-91236) Parks & Rec L/P Additional (L1901) Stormwater L/P Additional (C1908) Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8274 Agenda Date: 10/1/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 7.15 SUBJECT/RECOMMENDATION: Approve the purchase of vehicle parts for heavy and light duty vehicles and equipment for the 20/21 Fiscal Year Budget, in an amount not to exceed $1,500,000.00 in accordance with Clearwater Code of Ordinances, Sections 2.564 (1)(b) Sole Sources, 2.564 (1)(c) Small Dollar Purchases, and 2.564 (1)(d) Other Government Entities Bid and authorize the appropriate officials to execute same. (consent) SUMMARY: The Fleet Division is requesting authorization to purchase vehicle parts from various vendors for their heavy and light duty vehicles and equipment. Purchases will be obtained through various methods including piggyback contracts; sole source and small dollar items. Additional vendors will be engaged if needed. Flexibility is requested to allow for expenditure of budgeted funds as needed throughout the year, in accordance with the intent of this general authorization, with the Finance Procurement Division providing oversight. APPROPRIATION CODE AND AMOUNT: Funds are available in the fleet maintenance division code 5666611-550600, Vehicle Parts, for these purchases. Page 1 City of Clearwater Printed on 10/1/2020 Vendor Estimated 20/21 Expenditures Piggy Back Contract / Sole Source / Small Dollar PO(Misc Vendors) Fleet Products 150,000.00$ Hillsborough County Public Schools 19040-DST-VT (05/07/23) Southeast Power 9,000.00$ Hillsborough County Public Schools 19040-DST-VT (05/07/23) Sunstate International 100,000.00$ Hillsborough County Public Schools 19040-DST-VT (05/07/23) Tampa Spring Company 45,000.00$ Hillsborough County Public Schools 19040-DST-VT (05/07/23) Total 304,000.00$ Altec Industries 5,000.00$ City Of Miami FB-00399 02/28/23 Dana Safety 5,000.00$ City Of Miami FB-00399 02/28/23 Dobbs Equipment 10,000.00$ City Of Miami FB-00399 02/28/23 Environmental Products 30,000.00$ City Of Miami FB-00399 02/28/23 Florida Detroit Diesel 5,000.00$ City Of Miami FB-00399 02/28/23 Genuine Parts - Napa 10,000.00$ City Of Miami FB-00399 02/28/23 Hydradyne 5,000.00$ City Of Miami FB-00399 02/28/23 Kenworth Of Central Florida 45,000.00$ City Of Miami FB-00399 02/28/23 Knapheide 1,000.00$ City Of Miami FB-00399 02/28/23 Mcneilus Truck 30,000.00$ City Of Miami FB-00399 02/28/23 Motion Industries 1,000.00$ City Of Miami FB-00399 02/28/23 Original Equipment 10,000.00$ City Of Miami FB-00399 02/28/23 Pats Pump and Blower 20,000.00$ City Of Miami FB-00399 02/28/23 Parts House 100,000.00$ City Of Miami FB-00399 02/28/23 Ring Power 10,000.00$ City Of Miami FB-00399 02/28/23 Southern Sewer 80,000.00$ City Of Miami FB-00399 02/28/23 Waste Equipment 5,000.00$ City Of Miami FB-00399 02/28/23 Total 372,000.00$ Atmax 5,000.00$ Sole Source Broyhill 15,000.00$ Sole Source Everglades Farm Equipment 35,000.00$ Sole Source Rush Truck Centers 150,000.00$ Sole Source Southport Truck 25,000.00$ Sole Source Ten-8 Fire Equipment 50,000.00$ Sole Source Wesco Turf 60,000.00$ Sole Source Total 340,000.00$ Amazon 15,000.00$ Misc Vendor Container Systems 25,000.00$ Small Dollar PO's Bill Currie 45,000.00$ Small Dollar PO's Bobcat 25,000.00$ Small Dollar PO's Cummins 5,000.00$ Small Dollar PO's Cycle Springs 15,000.00$ Small Dollar PO's Dayton Andrews 5,000.00$ Small Dollar PO's DHS Equipment 5,000.00$ Small Dollar PO's Dimmitt Cheverolet 25,000.00$ Small Dollar PO's E&N Distributors 25,000.00$ Small Dollar PO's Enforcement One 5,000.00$ Misc Vendor Flash Equipment 5,000.00$ Misc Vendor Fleetpride 25,000.00$ Small Dollar PO's H Barber & Son's 10,000.00$ Small Dollar PO's Holt Industries 1,000.00$ Misc Vendor Jacobsen 1,000.00$ Misc Vendor Keystone Automotive 5,000.00$ Small Dollar PO's Kussmaul 5,000.00$ Small Dollar PO's Lubecorp 1,000.00$ Misc Vendor Municipal Equipment 1,000.00$ Misc Vendor Pye Barker 15,000.00$ Small Dollar PO's Quality Mowers 5,000.00$ Small Dollar PO's Smith Equipment 20,000.00$ Small Dollar PO's Trekker Tractor 20,000.00$ Small Dollar PO's Walker Ford 5,000.00$ Small Dollar PO's Wastebuilt 15,000.00$ Small Dollar PO's Zone Defense 5,000.00$ Small Dollar PO's Total 334,000.00$ 1,350,000.00$ 150,000.00$ 10% contingency to be used as needed 1,500,000.00$ Total Requested for 20/21 Parts Purchases DAIMLER Daimler Trucks North America Distribution Network Development September 15, 2020 The City of Clearwater 1900 Grand Ave. Clearwater, FL. 33755 To whom it may concern: This letter is to confirm that Tampa Truck Center LLC, DBA: Southport Truck Group, located at 7528 US HWY 301 North, Tampa, FL. is an authorized Freightliner, Western Star, Sterling and Detroit Diesel dealership in the Tampa, FL. market. Tampa Truck Center is the exclusive sales franchise for Freightliner and Western Star in the following counties: Charlotte De Soto Hardee Hernando Highlands Hillsborough Lee Manatee Pasco Pinellas Polk Sarasota Please feel free to contact me directly at (803) 280-1208 if you require additional information. A Daimler Company Daimler Trucks North America LLC 2477 Deerfield Drive Fort Mill, SC 29715 Phone: 803.578.3466 Cell: 803-280-1208 DistributionOperations@Daimler.com Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8098 Agenda Date: 10/1/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 7.16 SUBJECT/RECOMMENDATION: Approve the reappointments of Kathleen Agnew and John Doran to the Clearwater Housing Authority Board with terms to expire September 30, 2024. (consent) SUMMARY: APPOINTMENT WORKSHEET BOARD: Clearwater Housing Authority TERM: 4 years APPOINTED BY: Mayor, Approved by City Council FINANCIAL DISCLOSURE: Required RESIDENCY REQUIREMENT: City of Clearwater, except for the Public Housing Resident SPECIAL QUALIFICATIONS: 1 member shall be a Program Recipient - Clearwater residency not required. 2 members can be Pinellas County residents who are employed within City limits Clearwater residency not required. MEMBERS: 5 CHAIRPERSON: Jeffery Smith MEETING DATES: 4th Friday, 9:00 a.m. (Every other month) PLACE: The Vincent Building, 908 Cleveland Street, Clearwater, FL 33755 APPTS. NEEDED: 2 THE FOLLOWING ADVISORY BOARD MEMBERS HAVE TERMS WHICH EXPIRE AND NOW REQUIRE REAPPOINTMENT FOR A NEW TERM: 1. Kahtleen M. Agnew - 3155 Masters Dr., 33761 - Registered Nurse Original Appointment: 9/1/16 (currently serving 1st term to expire 9/30/20) (0 absences in the last year) Interest in Reappointment: Yes 2. John Doran - 501 East Bay Dr., Unit 1302, Largo, FL 33770 - Attorney/CPA Original Appointment: 9/20/12 (currently serving 2nd term to expire 9/30/20) (0 absences in the last year) Page 1 City of Clearwater Printed on 10/1/2020 File Number: ID#20-8098 Interest in Reappointment: Yes Per CHA Bylaws, the appointments are made by the Mayor and approved by City Council. ALSO, THE FOLLOWING NAME IS BEING SUBMITTED FOR CONSIDERATION TO SERVE ON THIS BOARD: 1. Richard Foxx - 1129 Charles St., 33755 - Real Estate Broker Zip codes current members on board: 1 at 33755 2 at 33761 1 at 33767 1 at 33770 At the September 28 work session, there was council consensus to reappoint Ms. Agnew and Mr. Doran. Staff was directed to place the item on the Consent Agenda. Page 2 City of Clearwater Printed on 10/1/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8097 Agenda Date: 10/1/2020 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 7.17 SUBJECT/RECOMMENDATION: Approve the 2021 City Council Meeting Schedule. (consent) SUMMARY: Generally, City Council meetings are at 6:00 p.m. on the first and third Thursday of each month. The accompanying work sessions are at 9:00 a.m. on the preceding Monday, unless the Monday is a holiday, in which case the work session is on Tuesday. Per Council Rules, no meetings are held the first Thursday in January and July and the third Thursday in December. Please note the following exceptions: ·The January 18 work session has been moved to Tuesday, January 19 at 9:00 a.m. due to Martin Luther King, Jr. Day. ·The February 15 work session has been moved to Tuesday, February 16 at 9:00 a.m. due to President’s Day. ·The May 31 work session has been moved to Tuesday, June 1 at 9:00 a.m. due to Memorial Day. The dates for the Florida League of Cities Annual Conference and Legislative Conference have not been confirmed. Staff will ask to reschedule council meetings if there any conflicts once the conferences have been scheduled. Please note Passover next year takes place Saturday, March 27 through Saturday, April 3, conflicting with the March 29 work session and the April 1 council meeting. Staff seeks direction if Council wishes to reschedule the meetings. At the September 28 work session, the was council consensus to cancel the March 29 work session and April 1 council meeting in observance of Passover. Staff was directed to place the item on the Consent Agenda. Page 1 City of Clearwater Printed on 10/1/2020 2021 Council Schedule Intranet (last rev.08-05-20) 2021 CITY COUNCIL MEETING SCHEDULE DRAFT WORK SESSION Time CITY COUNCIL MEETING Time Completed Items & attachments due to Agenda Program Items due to City Clerk Tuesday January 19 9:00 a.m. Thursday January 21 6:00 p.m. January 4 January 11 Monday February 1 9:00 a.m. Thursday February 4 6:00 p.m. January 15 January 25 Tuesday February 16 9:00 a.m. Thursday February 18 6:00 p.m. February 1 February 8 Monday March 1 9:00 a.m. Thursday March 4 6:00 p.m. February 12 February 22 Monday March 15 9:00 a.m. Thursday March 18 6:00 p.m. March 1 March 8 Monday March 29 9:00 a.m. Thursday April 1 6:00 p.m. March 15 March 22 Monday April 12 9:00 a.m. Thursday April 15 6:00 p.m. March 29 April 5 Monday May 3 9:00 a.m. Thursday May 6 6:00 p.m. April 19 April 26 Monday May 17 9:00 a.m. Thursday May 20 6:00 p.m. May 3 May 10 Tuesday June 1 9:00 a.m. Thursday June 3 6:00 p.m. May 17 May 24 Monday June 14 9:00 a.m. Thursday June 17 6:00 p.m. May 28 June 7 Monday July 12 9:00 a.m. Thursday July 15 6:00 p.m. June 28 July 2 Monday August 2 9:00 a.m. Thursday August 5 6:00 p.m. July 19 July 26 Monday August 16 9:00 a.m. Thursday August 19 6:00 p.m. August 2 August 9 Monday August 30 9:00 a.m. Thursday September 2 6:00 p.m. August 16 August 23 Monday September 13 9:00 a.m. Thursday September 16 6:00 p.m. August 30 September 3 Monday October 4 9:00 a.m. Thursday October 7 6:00 p.m. September 20 September 27 Monday October 18 9:00 a.m. Thursday October 21 6:00 p.m. October 4 October 11 Monday November 1 9:00 a.m. Thursday November 4 6:00 p.m. October 18 October 25 Monday November 15 9:00 a.m. Thursday November 18 6:00 p.m. November 1 November 8 Monday November 29 9:00 a.m. Thursday December 2 6:00 p.m. November 15 November 22 Monday December 13 9:00 a.m. Thursday December 16 6:00 p.m. November 29 December 6 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: Ord #9412-20 Agenda Date: 10/1/2020 Status: City Manager ReportVersion: 1 File Type: OrdinanceIn Control: Engineering Department Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Approve the request from the owner of property addressed as 1140 Eldridge Street, Clearwater, to vacate a platted utility easement, described as the East 10 Feet of the West 81.75 feet of Lot 7, Green Field Subdivision, according to the plat thereof, as recorded in Plat Book 31, Page 28, of the Public Records of Pinellas County, Florida, and pass Ordinance 9412-20 on first reading. SUMMARY: The property owner at 1140 Eldridge St., Clearwater, has requested that the City vacate a platted 10-foot Utility Easement located entirely on their property. The easement vacation will allow the property owner to construct a loading dock on their property. There are no utilities present within this easement. City staff have reviewed the utility easement vacation request and have no objection. Page 1 City of Clearwater Printed on 10/1/2020 1 Ord. No. 9412-20 ORDINANCE NO. 9412-20 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING A PLATTED UTILITY EASEMENT DESCRIBED AS THE EAST 10 FEET OF THE WEST 81.75 FEET OF LOT 7, GREEN FIELD SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 31, PAGE 28, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner in fee title of real property described and depicted in Exhibit “A”, attached hereto and incorporated herein, has requested that the City vacate said easement; and WHEREAS, the City Council of the City of Clearwater, Florida finds that said easement is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: An easement described as follows: See Exhibit “A” is hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest thereto. Section 2. The City Clerk shall record this ordinance in the Public Records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING ________________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________ ________________________________ Frank Hibbard Mayor Approved as to form: Attest: ________________________________ ________________________________ 2 Ord. No. 9412-20 Laura Mahony Rosemarie Call Senior Assistant City Attorney City Clerk EXHIBIT A MAPLE ST ELDRIDGE ST SEMINOLE ST N MARTIN LUTHER KING, JR. AVE PHILLIES DR609606 701 702 600 700 1103112611231121113011121101112511251133110511401127110811101130AERIAL MAP PROPOSED UTILITY EASEMENT VACATION ² N.T.S.Scale: Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Location Maps\1140 Eldridge St.mxd Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Proposed Utility Easement Vacation1140 Eldridge St. Page 1 of 1Aerial Flown 2019 Date:3/25/2020RBReviewed By:10-29s-15eS-T-R:278AGrid #:WDMap Gen By: 10' 130' Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8285 Agenda Date: 10/1/2020 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: Planning & Development Agenda Number: 8.2 SUBJECT/RECOMMENDATION: Approve the proposed first amendment to an existing Development Agreement between the City of Clearwater and East Shore International Enterprises, LLC and 411ES, LLC which provides a one-year extension for site plan approval; adopt Resolution 20-41, and authorize the appropriate officials to execute same. (HDA2019-03001; 400/405/408/409/411 East Shore Drive). Development Proposal: No changes have been made to the proposed first amendment to an existing Development Agreement presented at the September 17, 2020 City Council meeting. Brian J. Aungst, representative of 411ES LLC (property owner), is requesting a one-year time extension for site plan approval of the approved Hotel Development Agreement (HDA2019-03001) for the referenced project located at 400/405/408/409/411 East Shore Drive. On July 18, 2019, the City Council approved a Development Agreement along with a concept plan and elevations as part of application HDA2019-03001. Consistent with applicable Florida Statues and the City’s Community Development Code the agreement was transmitted to the Florida Department of Economic Opportunity on August 1, 2019 rendering the effective date August 31, 2019. Pursuant to Section 6.1.3.3 of the agreement, “The Developer shall obtain appropriate site plan approval pursuant to a Level One or Level Two development application within one (1) year from the effective date of this Agreement…” Based on the City’s Level II Flexible Development application schedule the latest Community Development Board Meeting at which site plan approval could have been granted prior to the expiration of the Agreement (August 31, 2020) was August 20, 2020. This would have required the submittal of a complete application on or before the application deadline of noon June 1, 2020. The applicant provides that they were unable to submit a complete application by the above noted application deadline date of noon June 1, 2020. It should be noted that the August CDB meeting was cancelled. It should also be noted that the applicant does have a complete Flexible Development application (FLD2020-05012) which was reviewed at the Development Review Committee meeting of September 3, 2020. The granting of the one-year time extension request will amend Section 6.1.3.2 as follows: 6.1.3.2 The Developer shall obtain appropriate site plan approval pursuant to a Level One or Level Two development application within one (1) year two (2) years from the effective date of Page 1 City of Clearwater Printed on 10/1/2020 File Number: ID#20-8285 this Agreement in accordance with the provisions of the Code and shall then obtain appropriate permits and certificates of occupancy in accordance with the provisions of the Code. Nothing herein shall restrict Developer from seeking an extension of site plan approval or other development orders pursuant to the Code or state law. In the event that work is not commenced pursuant to issued permits, or certificates of occupancy are not timely issued, the City may deny future development approvals and/or certificates of occupancy for the Project and may terminate this Agreement in accordance with Section 10. No changes to the approved conceptual site plan or elevations are proposed. The approved development agreement provides for the demolition of all structures on the 1.115-acre site and building a single, six-floor hotel with 74 hotel rooms (66.367 units per acre) and a 57-slip marina facility with 22 slips available to the public and 35 slips available only to guests of the hotel. The 74 proposed units include 55 units otherwise permitted by the Resort Facilities High Future Land Use classification, an additional eight units from the Hotel Density Reserve through Beach by Design and an additional 11 units which the applicant intends to transfer to the site through a Level Two Transfer of Development Rights application. The building will be 65 feet in height (from Base Flood Elevation) to roof as otherwise permitted utilizing the Height Bonus Schedule for the Marina District of Beach by Design for property totaling one acre or more on both sides of East Shore Drive and the provision of a publicly accessible Boardwalk. The proposal includes a tropical modern architecture, which is consistent with and complements the tropical vernacular envisioned in Beach by Design. Changes to Development Agreements: Pursuant to Section 4-606.I., CDC, a Development Agreement may be amended by mutual consent of the parties, provided the notice and public hearing requirements of Section 4-206 are followed. The amendment to the approved agreement is solely to extend the time frame by which time site plan approval must be obtained by one year to August 31, 2021. Page 2 City of Clearwater Printed on 10/1/2020 One Tampa City Center, Suite 2000 201 N. Franklin Street P.O. Box 1531 (33601) Tampa, FL 33602 813.273.4200 Fax: 813.273.4396 WWW.MFMLEGAL.COM EMAIL: BJA@MACFAR.COM 625 Court Street, Suite 200 P.O. Box 1669 (33757) Clearwater, FL 33756 727.441.8966 Fax: 727.442.8470 August 3, 2020 Gina Clayton, AICP, Planning Director Ella Crandall, AICP Kevin Nurnberger, AICP City of Clearwater 100 S. Myrtle Avenue Clearwater, FL 33756 Re: Proposed Amendment to HDA 2019-03001 405, 408, 409, and 411 East Shore Drive Dear Gina, Ella, and Kevin: Please allow this to serve as my client’s formal submission of a proposed amendment to HDA 2019-03001 in response to the July 10, 2020 incompleteness letter related to FLD 2020-05012 and TDR 2020-7002. The amendment extends the time for the Developer to obtain final site plan approval from one year from the effective date of the Development Agreement to two years from the effective date. This application is intended to be reviewed for approval contemporaneously with FLD 2020-05012 and TDR 2020-7002. As always, I look forward to working with you in this regard. Please feel free to call me at any time with any questions or concerns. I can be reached directly at (727) 444-1403. Thank you, /s/ Brian J. Aungst, Jr. Brian J. Aungst, Jr. Encl. FIRST AMENDMENT TO THE HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT THIS FIRST AMENDMENT TO THE HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT (“AMENDMENT”) is dated the _____ day of _______________, 2020, and entered into by and between EAST SHORE INTERNATIONAL ENTERPRISES, LLC and 411ES, LLC, a Florida limited liability company (“Developer”), its successors and assigns, and the CITY OF CLEARWATER, FLORIDA, a municipality of the State of Florida acting through its City Council, the governing body thereof (“City”). WITNESSETH: WHEREAS, Developer and the City entered into that certain Hotel Density Reserve Development Agreement dated July _____, 2019 (the “Development Agreement”) a full copy of which is attached hereto as Exhibit 1 relating to that certain real property located at 400, 405, 408, 409, and 411 East Shore Drive, Clearwater, FL 33767 (the “Property”); and WHEREAS, on or about May 1, 2020, Developer filed a Flexible Development Application (FLD 2020-05012) and a Transfer of Development Rights Application (successor application number: TDR 2020-07002) to develop the Project; and WHEREAS, the Development Agreement requires the Developer to obtain site plan approval within one year of the effective date of the Agreement. The Developer has filed the appropriate Applications to obtain site plan approval, but the Applications were incomplete and are still pending final approval through the development review process. The Developer has experienced delays in completing the Applications partially due to the Covid-19 pandemic. As such, the parties desire to amend the Development Agreement as set forth herein; NOW THEREFORE, in exchange for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Developer and the City agree as follows: RECITALS: 1. The recitals listed above are true and correct and incorporated herein by reference. AMENDMENT TO DEVELOPMENT AGREEMENT: 2. Section 6.1.3.2 is amended to read as follows: The Developer shall obtain appropriate site plan approval pursuant to a Level One or Level Two development application within two (2) years from the effective date of this Agreement in accordance with the provisions of the Code and shall then obtain appropriate permits and certificates of occupancy in accordance with the provisions of the Code. Nothing herein shall restrict Developer from seeking an extension of site plan approval or other development orders pursuant to the Code or state law. In the event that work is not commenced pursuant to issued permits, or certificates of occupancy are not timely issued, the City may deny future development approvals and/or certificates of occupancy for the Project and may terminate this Agreement in accordance with Section 10. 3. No Further Changes. Except as set forth herein there are no further changes, amendments or modifications to the Development Agreement. Developer: EAST SHORE INTERNATIONAL ENTERPRISES, LLC and 411ES, LLC _______________________________ By: __________________________ Print Name: ____________________ Frank Dagostino, Managing Member _______________________________ Print Name: ____________________ As to “Developer” City: CITY OF CLEARWATER, FLORIDA _______________________________ By: __________________________ Print Name: ____________________ William B. Horne II, City Manager _______________________________ Print Name: ____________________ As to “City” Attest: _________________________________ Rosemarie Call, City Clerk Countersigned: _________________________________ Frank V. Hibbard, Mayor Approved as to Form: _________________________________ Mike Fuino Assistant City Attorney EXHIBIT 1 Development Agreement dated July ___, 2019 FIRST AMENDMENT TO THE HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT THIS FIRST AMENDMENT TO THE HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT (“AMENDMENT”) is dated the _____ day of _______________, 2020, and entered into by and between EAST SHORE INTERNATIONAL ENTERPRISES, LLC and 411ES, LLC, a Florida limited liability company (“Developer”), its successors and assigns, and the CITY OF CLEARWATER, FLORIDA, a municipality of the State of Florida acting through its City Council, the governing body thereof (“City”). WITNESSETH: WHEREAS, Developer and the City entered into that certain Hotel Density Reserve Development Agreement dated July _____, 2019 (the “Development Agreement”) a full copy of which is attached hereto as Exhibit 1 relating to that certain real property located at 400, 405, 408, 409, and 411 East Shore Drive, Clearwater, FL 33767 (the “Property”); and WHEREAS, on or about May 1, 2020, Developer filed a Flexible Development Application (FLD 2020-05012) and a Transfer of Development Rights Application (successor application number: TDR 2020-07002) to develop the Project; and WHEREAS, the Development Agreement requires the Developer to obtain site plan approval within one year of the effective date of the Agreement. The Developer has filed the appropriate Applications to obtain site plan approval, but the Applications were incomplete and are still pending final approval through the development review process. The Developer has experienced delays in completing the Applications partially due to the Covid-19 pandemic. As such, the parties desire to amend the Development Agreement as set forth herein; NOW THEREFORE, in exchange for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Developer and the City agree as follows: RECITALS: 1. The recitals listed above are true and correct and incorporated herein by reference. AMENDMENT TO DEVELOPMENT AGREEMENT: 2. Section 6.1.3.2 is amended to read as follows: The Developer shall obtain appropriate site plan approval pursuant to a Level One or Level Two development application within two (2) years from the effective date of this Agreement in accordance with the provisions of the Code and shall then obtain appropriate permits and certificates of occupancy in accordance with the provisions of the Code. Nothing herein shall restrict Developer from seeking an extension of site plan approval or other development orders pursuant to the Code or state law. In the event that work is not commenced pursuant to issued permits, or certificates of occupancy are not timely issued, the City may deny future development approvals and/or certificates of occupancy for the Project and may terminate this Agreement in accordance with Section 10. 3. No Further Changes. Except as set forth herein there are no further changes, amendments or modifications to the Development Agreement. Developer: EAST SHORE INTERNATIONAL ENTERPRISES, LLC and 411ES, LLC _______________________________ By: __________________________ Print Name: ____________________ Frank Dagostino, Managing Member _______________________________ Print Name: ____________________ As to “Developer” City: CITY OF CLEARWATER, FLORIDA _______________________________ By: __________________________ Print Name: ____________________ William B. Horne II, City Manager _______________________________ Print Name: ____________________ As to “City” Attest: _________________________________ Rosemarie Call, City Clerk Countersigned: _________________________________ Frank V. Hibbard, Mayor Approved as to Form: _________________________________ Mike Fuino Assistant City Attorney HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT THIS HOTEL DENSITY RESE VE DEVELOPMENT AGREEMENT ("Agreement") is dated theeat;;).,''.<. day of , 2019, and entered into between EAST SHORE INTERNATIONA EN ERPRISES, LLC & 411 E S, both being Florida lim ited liab ili ty companies ("Developer"), its successors and assigns, and the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida acting through its City Council, the governing body thereof ("City"). RECITALS: WHEREAS, one of the major elements of the City's revitalization effort is a special area plan for the revitalization of Clearwater Beach adopted under the provisions of the F lorida Growth Management Act, Florida Statutes Chapter 163, Part II, and entitled Beach by Design; and WHEREAS, Florida Statutes Sections 163.3220 -163 .3243, the Florida Local Government Development Agreement Act ("Act"), authorize the City to enter into binding development agreements with persons having a legal or equitable interest in real property located within the corporate limits of the City; and WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4- 606 of the City of Clearwater Community Development Code ("Code"), establishing procedures and requirements to consider and enter into development agreements; and WHEREAS, Beach by Design proposed the development of hotel units to equalize development opportunities on the beach and ensure Clearwater Beach remains a quality, fam ily resort community, and further provided for a limited reserve of additional hotel units ("Hotel Density Reserve") to be made available for such mid-sized hotel projects; and WHEREAS, the Developer owns 1.11 acres of real property ("Property") in the corporate limits of the City, more particularly described on Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the Developer desires to develop the Property to provide 74 overnight accommodation units, pool, lobby, roof top sun deck and parking, generally conforming to the architectural elevation dimensions shown in composite Exh ibit "B" (collectively, the improvements are the "Project"); and WHEREAS, the Property has not previously acquired density from the Destination Resort Density Pool; and WHEREAS, upon completion the planned hotel will contain 74 overnight accommodation units, which includes 8 units from the avai lable Hotel Density Reserve ("Reserve Units"); and 11 Units from TOR's to be acquired. KEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL INST# 2019233713 07/24/2019 02:24PM OFF REC BK: 20626 PG: 1023-1047 DocType:AGM RECORDING: $214.00 WHEREAS, the City has conducted such public hearings as are required by and in accordance with Florida Statutes Section 163.3225, Code Sections 4-206 and 4-606, and any other applicable law; and WHEREAS, the City has determined that, as of the date of this Agreement, the proposed project is consistent with the City's Comprehensive Plan and Land Development Regulations; and WH,EREAS, at a duly noticed and convened public meeting J U l 'f I i' , 201 J, the City Council approved this Agreement and authorized and directed its execution by the appropriate officials of the City; and on WHEREAS, approval of this Agreement is in the interests of the City in furtherance of the City's goals of enhancing the viability of the resort community and in furtherance of the objectives of Beach by Design; and WHEREAS, Developer has approved this Agreement and has duly authorized certain individuals to execute this Agreement on Developer's behalf. STATEMENT OF AGREEMENT In consideration of and in reliance upon the premises, the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto intending to be legally bound and in accordance with the Act and Code, agree as follows: SECTION 1. Recitals. The above recitals are true and correct and are a part of this Agreement. SECTION 2. Incorporation of the Act. This Agreement is entered into in compliance with and under the authority of the Code and the Act, the terms of which as of the date of this Agreement are incorporated herein by this reference and made a part of this Agreement. Words used in this Agreement without definition that are defined in the Act shall have the same meaning in this Agreement as in the Act. SECTION 3. Property Subject to this A~reement. The Property described in Exhibit "A" is subject to this Agreement ("Property"). 3.1 The Property currently has a Land Use designation of Resort Facilities High (RFH) and is Zoned Tourist (T). 3.2. The Property is owned in Fee Simple or under contract to be owned in Fee Simple by the Developer. 3.3 The Property is generally located at 405 , 408, 409 & 411 East Shore Drive, Clearwater, FL 33767 as further described in Exhibit "A". 2 SECTION 4. Scope of Project. 4.1 The Project shall consist of 74 overnight accommodation units including eight overnight accommodation units from the Hotel Density Reserve with an additional 11 Units acquired through the use ofTDR's and have a density no greater than 150 units per acre and a 22-slip publicly accessible marina facility. 4.2 The Project shall include a minimum of 100 parking spaces (1.2 spaces per hotel unit and one space per two publicly accessible slips), as defined in Code. 4.3 The design of the Project, as represented in Exhibit "B", is consistent with "Beach by Design". 4.4 The height of the Project shall be up to 65'-0" feet as measured from Base Flood Elevation, as defined in the Code and as otherwise permitted utilizing the Height Bonus Schedule for the Marina District of Beach by Design the consolidation of property totaling one acre or more on both sides of East Shore Drive and the provision of a publicly accessible Boardwalk. The maximum building heights of the various character districts cannot be increased to accommodate hotel rooms allocated from the Hotel Density Reserve. SECTION 5. Effective Date/Duration of this Agreement. 5.1 This Agreement shall not be effective until this Agreement is properly recorded in the public records of Pinellas County, Florida and thirty (30) days have elapsed after transmitting to the Florida Department of Economic Opportunity, pursuant to Florida Statutes section 163.3239 and Code section 4-606.G.2. 5.2 Within fourteen (14) days after the City approves the execution of this Agreement, the City shall record the Agreement with the Clerk of the Circuit Court for Pinellas County. The Developer shall pay the cost of such recording. The City shall submit to the Department of Economic Opportunity a copy of the recorded Agreement within fourteen (14) days after the Agreement is recorded. 5.3 This Agreement shall continue in effect for twenty (20) years unless earlier terminated as set forth herein. SECTION 6. Obligations under this Agreement. 6.1 Obligations of the Developer: 6.1.1 The obligations under this Agreement shall be binding upon and the benefits of this Agreement shall inure to the Developer, its successors in interests or assigns. 6.1.2 At the time of development of the Property, the Developer will submit such applications and documentation as are required by law and shall comply with the Code applicable at the time of building permit review. Property: 6.1.3 The following restrictions shall apply to development of the 6.1.3.1 To retain the grant of Reserve Units provided for herein, the 3 Property and improvements located thereon shall be developed in substantial conformance with the Conceptual Site Plan attached as Exhibit "B". Any modifications determined by the Planning and Development Director as either inconsistent with attached Exhibit "B" or constituting a substantial deviation from attached Exhibit "B" shall require an amendment to this Agreement in accordance with the procedures of the Act and the Code, as necessary and applicable. Any and all such approved and adopted amendments shall be recorded in the public records of Pinellas County, Florida. 6.1.32 The Developer shall obtain appropriate site plan approval pursuant to a Level One or Level Two development application within one (1) year from the effective date of this Agreement in accordance with the provisions of the Code and shall then obtain appropriate permits and certificates of occupancy in accordance with the provisions of the Code. Nothing herein shall restrict Developer from seeking an extension of site plan approval or other development orders pursuant to the Code or state law. In the event that work is not commenced pursuant to issued permits, or certificates of occupancy are not timely issued, the City may deny future development approvals and/or certificates of occupancy for the Project and may terminate this Agreement in accordance with Section 10. 6.1.3.3 The Developer shall execute, prior to commencement of construction, a mandatory evacuation/closure covenant, substantially in the form of Exhibit "C", stating that the accommodation use will close as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. 6.1.4 Covenant of Unified Use. Prior to the issuance of the first building permit for the Project, the Developer hereby agrees to execute the covenant of unified use and development for the Project Site providing that the Project Site shall be developed and used as a single project, the form of which covenant is attached as Exhibit "D"; provided however, that nothing shall preclude the Developer from selling all or a portion of the Developer's Property in the event that Developer determines not to construct the Project. It is understood and agreed that, in the event that the Developer enters into the anticipated covenant of unified use and development, and the Developer elects not to construct the Project and notifies the City of its election in writing, and, alternatively, as of the date of expiration, termination or revocation no rights of Developer remain or will be exercised to incorporate the Hotel Density Reserve Units into the Project, the City shall execute and deliver to the Developer a termination of such covenant of unified use and development suitable for recording in the Public Records of Pinellas County, Florida. 6.1.5 Return ofUnits to Reserve. Any Reserve Units granted to Developer not timely constructed in conjunction with the Project shall be returned to the Hotel Density Reserve and be unavailable to Developer for use on the Project. 6.1.6 Transient Use. A reservation system shall be required as an integral part of the hotel use and there shall be a lobby/front desk area that must be operated as a typical lobby/front desk area for a hotel would be operated. Access to overnight accommodation units must be provided through a lobby and internal corridor. All units in the hotel shall be made available to the public as overnight transient hotel guests at all times 4 through the required hotel reservation system. Occupancy in the hotel is limited to a term ofless than one (1) month or thirty-one (31) consecutive days, whichever is less. Units in the hotel shall not be used as a primary or permanent residence. 6.1.7 No Full Kitchens. No unit shall have a complete kitchen facility as that term is used in the definition of "dwelling unit" in the Code. 6.1.8 Inspection of Records. Developer shall make available for inspection to authorized representatives of the City its books and records pertaining to each Hotel Density Reserve unit upon reasonable notice to confirm compliance with these regulations as allowed by general law. 6.1.9 Compliance with Design Guidelines. The Developer agrees to comply with the Design Guidelines as set forth in Section VII. of Beach by Design 6.1.10 Limitation on Amplified Music. Developer agrees that there shall be no outdoor amplified music at the Project after 11 :00 pm. on Sunday through Thursday, or after 12:00 midnight on Friday and Saturday. 6.1.11 Limitation on Marina Facility. 6.1.11.1 The Developer agrees that activities such as servicing, fueling, pumping-out, commercial chartering and/or and dry-storage of boats and boating equipment is strictly prohibited. 6.1.11.2 The Developer agrees that the number of conveyable Marina Slips shall be limited to no more than 22. The City acknowledges that there are 35 additional marina slips for the sole use of the hotel. The Developer may increase the number of conveyable marina slips only if the Developer increases the number or parking spaces to meet compliance with the Community Development Code. 6.1.11.3 The Developer agrees that any conveyable marina slips shall be limited to sale and/or lease to privately-owned boats rather than commercial vessels for hire. 6.1.11.4 The Developer agrees that a deed restriction outlining Sections through 6.1.11.3 shall be submitted to Staff prior to the issuance of any permits. 5 6.2 Obligations of the City. 6.2.1 The City shall promptly process site and construction plan applications for the Property that are consistent with the Comprehensive Plan and the Concept Plan and that meet the requirements of the Code. 6.2.2 The final effectiveness of the applications referenced in Section 6.2.1 is subject to: 6.2.2.1 The provisions of Chapters 163 and 166, Florida Statutes, as they may govern such amendments; and 6.2.2.2 The expiration of any appeal periods or, if an appeal is filed, at the conclusion of such appeal. 6.2.3 Upon adoption of this Agreement, the project shall receive 8 units from the Hotel Density Reserve as defined by Beach by Design, contingent upon the provisions of Section 6.1 .5. 6.2.4 It is anticipated that as a condition to the approval of the Project by the City, Developer will be required to construct and maintain a boardwalk along the seawall on the Property (the "Boardwalk"), and to permit the general public to enter upon and traverse the Boardwalk at all times, and to exit the Boardwalk via an easement over the Property in favor of the City (or for the benefit of the public at large) to be located at the south end of the Boardwalk, connecting the Boardwalk to East Shore Drive. Said easement shall include terms and conditions acceptable to the City, and which are typical of such other easements for similar access that are currently in effect between the City (or for the benefit of the public at large) and private land owners. Upon the adoption of this Agreement, City shall enter, in favor of Developer and its successors and assigns, a general indemnification and hold harmless agreement, to be effective upon the issuance of a C.O. for the Project, pursuant to which the City shall indemnify and hold harmless Developer, to the extent allowed by law, from and against any and all claims for injury, death, and damage brought in connection with the use of the Boardwalk by the general public at large; provided, however, that such indemnification and hold harmless agreement shall not relieve Developer of any liability for its negligence in maintaining the Boardwalk, or any willful or wanton acts by Developer or those under the authority or control of Developer. SECTION 7. Public Facilities to Seryjce Development. The following public facilities are presently available to the Property from the sources indicated below. Development of the Property will be governed by the concurrency ordinance provisions applicable at the time of development approval. The requirements for concurrency as set forth in Article 4, Division 9, of the Code, have been satisfied. 7.1 Potable water is available from the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.2 Sewer service is currently provided by the City. The Developer shall be 6 responsible for all necessary main extensions and applicable connection fees . 7.3 Fire protection from the City. 7.4 Drainage facilities for the Property will be provided by the Developer atthe Developer's sole expense. 7.5 The Project shall comply with the Metropolitan Planning Organization's [MPO] or its successor's countywide approach to the application of concurrency management for transportation facilities, and the transportation analysis conducted for the Project shall include the following: • Recognition of standard data sources as established by the MPO; • Identification of level of service (LOS) standards for state and county roads as established by the MPO; • Utilization of proportional fair-share requirements consistent with Florida Statutes and the MPO model ordinance; • Utilization of the MPO Traffic Impact Study Methodology; and • Recognition of the MPO designation of "Constrained Facilities" as set forth in the most current MPO Annual Level of Service Report. 7.6 All improvements associated with the public facilities identified in Subsections 7.1 through 7.5 shall be completed prior to the issuance of any certificate of occupancy. 7.7 Developer agrees to provide a cashier's check, a payment and performance bond, or letter of credit in the amount of 115% of the estimated costs of the public facilities and services, to be deposited with the City to secure construction of any new public facilities and services required to be constructed by this Agreement. Such construction shall be completed prior to issuance of a Certificate of Occupancy for the Project. SECTION 8. Reguired Local Goyernment Approvals. The required local government development approvals for development of the Property include, without limitation, the fo ll owing: 8.1 Site Plan approval(s) and associated utility licenses, access, and right-of-way utilization permits; 82 Construction plan approval(s); 83 Building permit(s); 8.4 Certificate(s) of occupancy; and SECTION 9. Findin~: of Consistepcy. The City finds that development of the Property is consistent with the terms this Agreement is consistent with the City Comprehensive Plan and the Code. 7 SECTION 10. Termination. If the Developer's obligations set forth in this Agreement are not followed in a timely manner, as reasonably determined by the City Manager, aft er notice to the Developer and an opportunity to be heard, existing permits shall be administratively suspended, and issuance of new permits suspended until the Developer has fulfilled its obligations. Failure to timely fulfill its obligations may serve as a basis for termination of this Agreement by the City, at the di scretion of the City and after notice to the Developer and an opportunity for the Developer to be heard. SECTION 11. Other Terms and Conditions. Except in the case of termination, until ten (1 0) years after the date of this Agreement, the City may apply laws and policies adopted subsequently to the Effective Date of this Agreement if the City has held a public hearing and determined: (a) They are not in conflict with the laws and policies governing the Agreement and do not prevent development of the land uses, intensities, or densities in the Agreement; (b) They are essential to the public health, safety, or welfare, and expressly state that they shall apply to a development that is subject to a development agreement; (c) They are specifically anticipated and provided for in this Agreement; (d) The City demonstrates that substantial changes have occurred in pertinent conditions existing at the time of approval of this Agreement; or (e) This Agreement is based on substanti ally accurate information provided by the Developer SECTION 12. Compliance with Law. The failure of this Agreement to address any particular permit, condition, term or restriction shall not relieve the Developer from the necessity of complying with the law governing such permitting requirements, conditions, terms or restrictions. SECTION 13. Notices. Notices and communications required or desired to be given under this Agreement shall be given to the parties by hand delivery, by nationally recognized overnight courier service such as Federal Express, or by certified mail, return receipt requested, addressed as follows (copies as provided below shall be required for proper notice to be given): If to the Developer: East Shore International Enterprises, LLC 2753 SR 580 Ste 110 With Copy to: Ifto City: Clearwater, FL 33761 -335 1 Thomas C. Nash, III 625 Court St. Clearwater, FL 33 756 City of Clearwater 600 Cleveland St. Ste 600 Clearwater, FL 33 755 Attn: City Manager 8 Properly addressed, postage prepaid, notices or communications shall be deemed delivered and received on the day of hand delivery, the next business day after deposit with an overnight courier service for next day delivery, or on the third (3rd) day following deposit in the United States mail, certified mail, return receipt requested. The parties may change the addresses set forth above (including the addition of a mortgagee to receive copies of all notices), by notice in accordance with this Section. SECTION 14. Assignments. 14.1 By the Developer: 14 .1.1 Prior to the Commencement Date, the Developer may sell, convey, assign or otherwise dispose of any or all of its right, title, interest and obligations in and to the Project, or any part thereof, only with the prior written notice to the City, provided that such party (hereinafter referred to as the "assignee"), to the extent of the sale, conveyance, assignment or other disposition by the Developer to the assignee, shall be bound by the terms of this Agreement the same as the Developer for such part of the Project as is subject to such sale, conveyance, assignment or other disposition. 14 .1.2 If the assignee of the Developer's right, title, interest and obligations in and to the Project, or any part thereof assumes all of the Developer's obligations hereunder for the Project, or that part subject to such sale, conveyance, assignment or other disposition, then the Developer shall be released from all such obligations hereunder which have been so assumed by the assignee, and the City agrees to execute an instrument evidencing such release, which shall be in recordable form. 14 .1.3 An assignment of the Project, or any part thereof, by the Developer to any corporation, limited partnership, limited liability company, general partnership, or joint venture, in which the Developer (or an entity under common control with Developer) has either the controlling interest or through a joint venture or other arrangement shares equal management rights and maintains such controlling interest or equal management rights shall not be deemed an assignment or transfer subject to any restriction on or approvals of assignments or transfers imposed by this Agreement, provided, however, that notice of such assignment shall be given by the Developer to the City not less than thirty (30) days prior to such assignment being effective and the assignee shall be bound by the terms of this Agreement to the same extent as would the Developer in the absence of such assignment. 14.1.4 No assignee, purchaser, sublessee or acquirer of all or any part ofthe Developer's rights and obligations with respect to any one Parcel shall in any way be obligated or responsible for any of the Developer's obligations with respect to any other Parcel by virtue of this Agreement unless and until such assignee, purchaser, sublessee or acquire has expressly assumed the Developer's such other obligations. 14.2 Successors and Assigns. The terms herein contained shall bind and inure to the benefit of the City, and its successors and assigns, and the Developer and, as applicable 11 to the parties compnsmg Developer, their personal representatives, trustees, heirs, successors and assigns, except as may otherwise be specifically provided herein . SECTION 15. Minor Non-Compliance. The Developer will not be deemed to have failed to comply with the terms of this Agreement in the event such noncompliance, in the judgment of the City Manager, reasonably exercised, is of a minor or inconsequential nature. SECTION 16. Covenant of Cooperation. The parties shall cooperate with and deal with each other in good faith and assist each other in the performance of the provisions of this Agreement and in achieving the completion of development of the Property. SECTION 17. Approvals. Whenever an approval or consent is required under or contemplated by this Agreement such approval or consent shall not be unreasonably withheld, delayed or conditioned. All such appro vals and consents shall be requested and granted in writing. SECTION 18. Completion of Agreement. Upon the completion of performance of this Agreement or its revocation or termination, a statement evidencing such completion, revocation or termination shall be signed by the parties hereto and recorded in the official records ofthe City. SECTION 19. Entire Agreement. This Agreement (including any and all Exhibits attached hereto all of which are a part of this Agreement to the same extent as if such Exhibits were set forth in full in the body of this Agreement), constitutes the entire agreement between the parties hereto pertaining to the subj ect matter hereof. SECTION 20. Construction. The titles, captions and section numbers in this Agreement are inserted for convenient reference only and do not define or limit the scope or intent and should not be used in the interpretation of any section, subsection or provision of this Agreement. Whenever the context requires or permits, the singular shall include the plural, and plural shall include the singular and any reference in this Agreement to the Developer includes the Developer's successors or assigns. This Agreement was the production of negotiations between representatives for the City and the Developer and the language of the Agreement should be given its plain and ordinary meaning and should not be strictly construed against any party hereto based upon draftsmanship. If any term or provision of this Agreement is susceptible to more than one interpretation, one or more of which render it valid and enforceable, and one or more of which would render it invalid or unenforceable, such term or provision shall be construed in a manner that would render it valid and enforceable. SECTION 21. Partial Ipyalidjty. If any term or provision of this Agreement or the application thereof to any person or circumstance is declared invalid or unenforceable, the remainder of this Agreement, including any valid portion of the invalid term or provision and the application of such invalid term or provision to circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and shall with the remainder of this Agreement continue unmodified and in full force and effect. Notwithstanding the foregoing, if such responsibilities of any party hereto, to the extent that the purpose of this Agreement or the benefits sought to be 12 received hereunder are frustrated, such party shall have the right to terminate this Agreement upon fifteen ( 15) days written notice to the other parties. SECTION 22. Code Amendments. Subsequ ently adopted ordinances and codes of the City which are of general application not governing the development of land shall be applicable to the Property, and such modifi cations are specifically anticipated in thi s Agreement. SECTION 23. Goyernjpg Law. This Agreement shall be governed by, and construed in accordance with the laws of the State ofFlorida. SECTION 24. Coupterparts. Thi s Agreement may be executed in counterparts, all of which together shall continue one and the same instrument. SECTION 25. Amepdmept. This Agreement may be amended by mutual written consent of the City and the Developer so long as the amendment meets the requirements of the Act, applicable City ordinances, and Florida law. IN WITNESS WHEREOF, the parti es have hereto executed this Agreement the date and year first above written. 4;~7 In the Presence of: EAST SHORE ~~~ _ INTERNATIONAL I ENTERPRISES, LLC & 411 E S __,_F=ra=n-=k-=D=a'<:>g=os=tt,_,_,· n=o _______ _ Print Name CIWiieW~~Ecm~ By:_ William B. Horne II City Manager Attest: Rosemarie Call, City Clerk Countersigned: -qeol\~'\ {'r(~ tc1 George N . Cretekos, Mayo r Approved as to Form: Michael Fuino, Assistant City Attorney 13 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this /'l-1!;. day of -==..:..o~.__ __ , 2012 by GEORGE N . CRETEKOS, as Mayor ofthe City of Clearwa er, Flonda, who 1s [ Vj personally known to me or has [ ] produced STATE OF FLORIDA COUNTY OF PINELLAS as &Z:: a6;j ·~ Notary Public /) 1 ~ j /_ / Print Name: M nutA4 /V.. A~#; owS f:i My Commission Expires: ;oj¥t The foregoing instrument was acknowledged before me this lq~ day of ::fi.b\ "4 , 20I(j, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ vj personally known to me or who has [ ] produced --------------as identification. Stt-~ Notary Pubh~ Print Name: SCOTT '"Bwrn:>u..l-S My Commission Expires ! D J 0 i / 8& 14 Scott Burrows COMMISSION t GG261179 EXPIRES: Ocfober 1, 2022 Bondld lhiU Alron Notary EXHIBIT A Address of subject Property: 411-408 East Shore Drive Parcel Number(s): a. 08-29-15-02592-003-0070 b. 08-29-15-02592-002-0090 c. 08-29-15-02592-003-0100 d. 08-29-15-02592-003-0120 Legal description: a. Barbour-Morrrow Sub Blk C, Lots 7, 8 & 9 & S 112 of Lot 6 & Subm Land/TIF Deed #17,411 per Plat. b. Barbour-Morrrow Sub Blk B, Lots 9 and 10. c. Barbour-Morrrow Sub Blk C, Lot 10 & N 15Ft ofLot 11 & Subm Land/TIF Deed #17,41 1 per Plat. d. Barbour-Morrrow Sub Blk C, S 35Ft of Lot 11 & N 112 of Lot 12 & Subm Land/TIF Deed #17,411 per Plat. Size ofProperty: 48,351.6 Sq. Ft. or 1.11 acres 15 EXHIBIT "B" See attached Conceptual Site Plan and Architectural Drawings 16 EXHIBIT "C" COVENANT REGARDING HURRICANE EVACUATION And DEVELOPMENT, USE AND OPERATION DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION OF COVENANTS AND RESTRICTIONS ("Declaration") is made as of the day of 20_, by EAST SHORE INTERNATIONAL ENTERPRISES, LLC & 411 E S ("Developer"). Developer is the owner of fee simple title to the real property described in Schedule 1 attached hereto and made a part hereof (hereinafter, the ("Real Property"). The City of Clearwater, Florida (the "City"), has amended its Comprehensive Plan to designate Clearwater Beach as a Community Redevelopment District pursuant to the Pinellas County Planning Council Rules in order to implement the provisions of Beach by Design, a plan for the revitalization of Clearwater Beach. The designation of Clearwater Beach as a Community Redevelopment District (the "Designation") provides for the allocation of Hotel Density Reserve Units as an incentive for the development of mid-size quality hotels. Pursuant to the Designation, the allocation of Hotel Density Reserve Units is subject to compliance with a series of performance standards, including a requirement that resorts containing a hotel developed with Hotel Density Reserve Units shall be closed and all Guests evacuated from such hotels as soon as practicable after the National Hurricane Center posts a hurricane watch that includes Clearwater Beach. The purpose of such evacuation is to ensure that such a hotel is evacuated in advance of the period of time when a hurricane evacuation would be expected in advance of the approach of hurricane force winds. The City has granted, by City Council Resolution , passed and approved on ______ , 20_, Developer's application for Hotel Density Reserve Units pursuant to the Designation, subject to Developer's compliance with the requirements of the Designation. Developer desires for itself, and its successors and assigns, as owner, to establish certain rights, duties, obligations and responsibilities with respect to the use and operation of the Real Property in accordance with the terms and conditions of the allocation ofthe Hotel Density Reserve Units to the City and the Designation, which rights, duties, obligations and responsibilities shall be binding on any and all successors and assigns and will run with the title to the Real Property. THEREFORE, in consideration of the covenants and restrictions herein set forth and to be observed and performed, and in further consideration of the allocation of Hotel Density Reserve Units to Developer, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, Developer hereby declares, covenants and agrees as follows: 1. Benefit and Enforcement. These covenants and restrictions are made for the benefit of Developer and its successors and assigns and shall be enforceable by them and also for the 17 benefit of the residents of the City and shall be enforceable on behalf of said residents by the City Council ofthe City. 2. Covenant of Development, Use and Operation. Developer hereby covenants and agrees to the development, use and operation of the Real Property in accordance with the provisions of this Declaration. 2.1 Use. The use of the resort on the Real Property is restricted as follows: 21.1 74 units, which is the number of hotel units allocated to Developer from the Hotel Density Reserve, shall be used solely for transient occupancy of one month or thirty (30) consecutive days or less, must be licensed as a public lodging establishment and classified as a hotel, and must be operated by a single licensed operator of the hotel. All other units shall be licensed as a public lodging establishment. No unit shall be used as a primary or permanent residence. Access to overnight accommodation units must be provided through a lobby and internal corridor. A reservation system shall be required as an integral part of the hotel use and there shall be a lobby/front desk area that must be operated as a typical lobby/front desk area for a hotel would be operated. All hotel units shall be required to be submitted to a rental program requiring all hotel units to be available for members of the public as overnight hotel guests on a transient basis at all times . No unit shall have a complete kitchen facility as that term is used in the definition of "dwelling unit" in the Code. Developer shall make available for inspection to authorized representatives of the City its books and records pertaining to each Hotel Density Reserve unit upon reasonable notice to confirm compliance with these regulations as allowed by general law. The Developer agrees to comply with the Design Guidelines as set forth in Section VII . of Beach by Design. 212 As used herein, the terms "transient occupancy," "public lodging establishment," "hotel", and "operator" shall have the meaning given to such terms in Florida Statutes Chapter 509, Part I. 2.2 Closure of Improvements and Evacuation. The Hotel developed on the Real Property shall be closed as soon as practicable upon the issuance of a hurricane watch by the National Hurricane Center, which hurricane watch includes Clearwater Beach, and all Hotel guests, visitors and employees other than emergency and security personnel required to protect the hotel, shall be evacuated from the Hotel as soon as practicable following the issuance of said hurricane watch. In the event that the National Hurricane Center shall modify the terminology employed to warn of the approach of hurricane force winds, the closure and evacuation provisions of this Declaration shall be governed by the level of warning employed by the National Hurricane Center which precedes the issuance of a forecast of probable landfall in order to ensure that the guests, visitors and employees will be evacuated in advance of the issuance of a forecast of probable landfall. 3 Effective Date. This Declaration shall become effective upon issuance of all building permits required to build the project ("Project") and Developer's commencement of 18 construction of the Project, as evidence by a Notice of Commencement for the Project. This Declaration shall expire and terminate automatically if and when the allocation of Reserve Units to the Developer expires or is terminated. 4 Governing Law. This Declaration shall be construed m accordance with and governed by the laws of the State ofFlorida. 5 Recording. This Declaration shall be recorded in the chain of title of the Real Property with the Clerk of the Courts of Pinellas County, Florida. 6 Attorneys' Fees. Developer shall reimburse the City for any expenses, including reasonable attorneys' fees , which are incurred by the City in the event that the City determines that it is necessary and appropriate to seek judicial enforcement of this Declaration and the City obtains relief, whether by agreement of the parties or through order of a court of competent jurisdiction. 7 Severability. If any provision, or part thereof, of this Declaration or the application of this Declaration to any person or circumstance will be or is declared to any extent to be invalid or unenforceable, the remainder of this Declaration, or the application of such provision or portion thereof to any person or circumstance, shall not be affected thereby, and each and every other provision of this Declaration shall be valid and enforceable to the fullest extent permitted by law. IN WITNESS WHEREOF, Developer has caused this Declaration to be executed this __ day of , 20_. In the Presence of: ~17 Print Name: 'fRAIJJ<. 'l>AbOSitNO EAST SHORE INTERNATIONAL ENTERPRISES, LLC & 411 E S 19 STATE OF FLORIDA COUNTY OF PINELLAS 7~1; The foregoing instrument was acknowledged before me this L_day of :f'Vt.,tf I 'I , 20 !Cf, by John A. Bodziak, Architect, as Agent for EAST SHORE INTERNATIONAL ENTERPRISES, LLC & 411 E S, both being Florida limited liability companies, on behalf of the companies, who is L.::i personally known to me, or who [_] has produced as identification. ------------------------------- ~~.C9~ P . t N ~ v'Z trtd~IZ' jt), -pI e-;t-C E nn arne: _Y::!..._L..._ ____________________ _ 20 STATE OF FLORIDA COUNTY OF PINELLAS CITY.OF CLEAJhW;}'jER, FLORIDA w J~4.0-/;!>J ~-:n: By:_ William B. Home II, City Manager Attest: Countersigned: -qee'\('\<:'t ~l:os George N. Cretekos, Mayor Approved as to Form: Michael P. Fuino, Assistant City Attorney (~;fhe foregoing instrument was acknowledged before me this ;q -15-day of _--u.._----.,....._ ___ , 20/!1..._, by GEORGE N. CRETEKOS, as Mayor ofthe City of Clearwater, Florid , who is [ ~] personally known to me or has [ ] produced asz;;:n~0J 21 STATE OF FLORJDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this 14'1\'1 day of :1\ A. \\1 , 20J:i, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ V"'1 personally known to me or who has [ ] produced ____________ as identification. N~ Print Name: -:5 oc:m-13 ~:< My Commission Expires: !OjO\[ J..a. 020 Scott Burrows COMMISSION I 00261179 EXPIRES: October 1, 2022 Bonded 11uu Ann Notary EXHIBIT "D" COVENANT OF UNIFIED USE PLEASE RETURN RECORDED DOCUMENT TO: COVENANT OF UNIFIED USE THIS COVENANT OF UNIFIED USE (the "Covenant") is executed this day of _____ , 20_, by EAST SHORE INTERNATIONAL ENTERPRISES, LLC & 411 E S, both being Florida limited liability companies ("Developer"). WITNESSETH: WHEREAS, Developer is the owner of the real property legally described on Schedule "A" attached hereto and incorporated herein by reference (the "Real Property"); and WHEREAS, Developer and the City of Clearwater, Florida (the "City") are parties to that certain Hotel Density Reserve Development Agreement dated 20 (the "Agreement"), pursuant to which the City has agreed that Developer may develop and construct upon the Real Property a hotel project as described in the Agreement (the "Project"); and WHEREAS, Developer intends to develop and operate the Real Property for a unified use, as more particularly described in this Covenant. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($1 0.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Developer does hereby agree that, effective as of the date on which Developer receives all permits required to construct the Project and Developer commences construction thereof, as evidenced by a Notice of Commencement for the Project, the Real Property shall be developed and operated as a hotel project, as described in the Agreement. The restrictions set forth in the preceding sentence shall expire automatically when and if Developer's allocation of additional hotel units (as defined in the Agreement) expires or is terminated. Nothing in this Agreement shall require Developer to develop the Project or restrict Developer's ability to sell, assign, transfer or otherwise convey its rights and to the Real Property or any portion or portions thereof to unrelated third-parties. 21 Developer agrees that the City shall have the right to enforce the terms and conditions of this Agreement. Notwithstanding the foregoing, all Hotel Units may be operated by a single hotel operator. IN WITNESS WHEREOF, Developer has caused this Covenant to be executed this __ day of , 20_. In the Presence of: As to "Developer" STATE OF FLORIDA COUNTY OF PINELLAS EAST SHORE INTERNATIONAL ENTERPRISES , LLC & 411 E S, both being Florida limited liability companies The foregoing instrument was acknowledged before me this 1..:!_1/:;y of :J!/t t1 20 19 , by John A. Bodziak, Architect, as Agent for EAST SHORE INTERNATIONAL ENTERPRISES, LLC & 411 E S, both being Florida limited liability companies, who is Ld personally known to me, or who [_] has produced as identification. 22 COUNTY OF PINELLAS CITY OF CLEARWATER, FLORIDA ltf~i>, ~-:a: By: William B. Home II, City Manager Attest: Countersigned: -q eo, 1 t f\.Ctt \ttc$ George N. Cretekos, Mayor Approved as to Form: Michael P. Fuino, Assistant City Attorney 23 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this I qi\'l day of :fL~\.y , 20l9_, by WILLIAM B. HORNE, II, as City Manager ofthe City of Clearwater, Florida, who is [ v ] personally known to me or who has [ ] produced ____________ as identification. 24 to o ~ 'y:~, Scott Burrows i.: ~-J COMMISSION I 00261179 \~.. • If EXPIRES: Ocfober 1, 2022 "~f. ' ~~ Bonded 11vu Aaron Notlry Schedule "A" a. Barbour-Morrrow Sub Blk C, Lots 7, 8 & 9 & S 1/2 of Lot 6 & Subm Land/TIF Deed #17,41 1 per Plat. b. Barbour-Morrrow Sub Blk B, Lots 9 and 10. c. Barbour-Morrrow Sub Blk C, Lot 10 & N 15Ft of Lot 11 & Subm Land/TIF Deed #17,411 per Plat. d. Barbour-Morrrow Sub Blk C, S 35Ft of Lot 11 & N 1/2 of Lot 12 & Subm . Land/TIF Deed #17,411 per Plat. 25 14 EXHIBIT “B” See attached Conceptual Site Plan and Architectural Drawings Treasure Island C a u s e wa y SEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE COVER SHEETMEDICAL CLOSETM.C.WEIGHTWGT.VERTICALVERT.MANUFACTURERMANUF.LOCKLK.HEIGHTHGT.FLOORFL.F.A.EQUALEQ.DOWNDN.ELASTOMERICELAST.ABOVE FINISH FLOORABOVE FINISH CEILINGA.F.F.A.F.C.FIRE ALARMMIRRORMIRR.IMAGEIMAG.INSULATIONINSULWOODWITHWINDOWWATER CLOSETVINYL COMPOSITION TILEUNLESS NOTED OTHERWISE TYPICALTACK BOARDSTEELSPECIFICATIONSRUBBER TILEROOMROOFINGROOF DRAINREQUIREDREIFORCINGQUARRY TILEPRESSURE TREATEDPLASTERPAINTON CENTERNUMBERNOT TO SCALENOT IN CONTRACTNORTHMINIMUMMETAL LATHMETALMECHANICALMAXIUMMASONRY OPENINGM.O.MASONRY CONTROL JOINTM.C.J.FINISH SYSTEMEXTERIOR INSULATION &E.I.F.S.WD.W/WDW.W.C.V.C.T.U.N.O.TYP.T.B.STL.SPECS.R.T.RM.RFG.R.D.REQ'D.REINF.Q.T.P.T.PLAST.PT.O.C.NO.N.T.S.N.I.C.N.MIN.M.L.MTL.MECH.MAX.KNOCK OUTJOINTHOLLOW METALHARDWAREGYPSUM WALL BOARDGAUGEGALANIZEDFOUNDATIONFOOT OR FEETFOOTINGFLOORPLASTERFIRE EXTINGUISHERFINISHEXISTINGEXPANSION JOINTEXPANSIONEXISTINGELEVATIONDRINKING FOUNTAINDOWN SPOUTCONCRETE MASONRY UNITCONTROL JOINTCONCRETECOLUMNCHALK BOARDCERAMIC TILECARPETCEILINGBUILDINGBOTTOMBOTTOMBLOCKALUMINUMACOUSTICAL CEILING TILEK.O.JT.H.M.HDW.G.W.B.GA.GALV.FDN.FT.FTG.FLR.PLAS.F.E.FIN.EXST'G.E.J.EXP.EXIST.ELEV.D.F.D.S.C.M.U.C.J.CONC.COL.C.B.C.T.C.CLG.BLDG.BTM.BOTT.BLK.ALUM.A.C.T.ABBREVIATIONS:2-HOUR FLOOR-CEILING FIRE SEPARATION PER U.L. DETAIL J901III (B)II (B)II (A)BUILDING DATA :OCCUPANCY :ASSEMBLYMIXED OCCUPANCY :CONSTRUCTION TYPE :BUILDING HEIGHT:MEZZANINE :HIGH RISE :BUILDING CODE SUMMARY - BUSINESSEDUCATIONALMERCANTILEHAZARDOUSCOMMERCIAL PROJECTS:FACTORY-INDUSTRIALINSTITUTIONALRESIDENTIAL (R-1)UTILITY/ MISCELLANEOUSYESNOSEPARATION:I (A)I (B)III (A)IV (H.T.)YES NOMIXED CONSTRUCTION :ZONING DISTRICT:BASIC WIND SPEED:BUILDING RISK CATEGORY:WIND EXPOSURE:APPLICABLE INTERNAL PRESSURE COEFFICIENT:150 MPHIIC+/- .18 (ENCLOSED)ANALYTICAL METHODWINDS:(E) TOTAL SITE AREA:617.28 S.F.V (A)V (B)64'-0" ABOVE B.F.E. & 71'-6" ABOVE GRADE 5 - STORIES ABV. PARKINGYES NOYES NO "T" TOURIST (RFH)BASE FLOOD ELEVATION:"AE" ELE. 11'-0" + 2'-0" FREEBOARD =13'-0"SECOND FLOOR A/C AREA:THIRD FLOOR A/C AREA:FOURTH FLOOR A/C AREA:TOTAL A/C AREA:APPLICABLE CODES:EMEGENCY LIGHTING and EXIT SIGNAGEFIRE ALARMPANIC HARDWARELIFE SAFETY SYSTEM :YES NONOYES YES NOFIRE SPRINKLED:YES NOFIRE ALARM:YES NOGROUND FLOOR & EGRESS STAIR WALLS = 2-HOUR FIRE SEPARATION PER U.L. DETAIL U905SMOKE DETECTION SYSTEMSNOYES 12,755.50 S.F.48,553.58 S.F. (1.115 ACRES)WINDS APPLIED PER ASCE7-10, BUILDINGS OF ALL HEIGHTS6TH EDITION (2017) FLORIDA BUILDING CODE6TH EDITION (2017) FLORIDA BUILDING CODE (MECHANICAL)6TH EDITION (2017) FLORIDA BUILDING CODE (PLUMBING)6TH EDITION (2017) FLORIDA BUILDING CODE (ACCESSIBILITY)6TH EDITION (2017) FLORIDA BUILDING CODE (ENERGY)6TH EDITION (2017) FLORIDA FIRE PREVENTION CODENFPA 2015 NATIONAL ELECTRICAL CODE(NEC 2014)12,647.46 S.F.GROUND FLOOR A/C AREA:FIFTH FLOOR A/C AREA :INDEX OF DRAWINGSARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENTFLORIDA REGISTRATION NO. AR00050652325 ULMERTON ROAD, SUITE 21CLEARWATER, FLORIDA 33762TEL: (727) 327-1966 FAX: (727) 826-0968EMAIL: JACK@JABODZIAK.COMJOHN A. BODZIAKAIA, ARCHITECT, PASURSITE SURVEYSURENLARGED PART #1SURENLARGED PART #2SURENLARGED PART #3CVR-1COVERCVR-2RENDERINGSP-1.0ARCHITECTURAL SITE & LIGHTING PLANC-1CONSTRUCTION NOTESC-2CIVIL SITE PLANC-3HORIZONTAL CONTROLC-4PAVING, GRADING & DRAINAGE PLANC-5UTILITIES PLANSP-2.0LANDSCAPE PLANA-1.02nd FLOOR PLANA-2.03rd FLOOR PLANA-3.04th FLOOR PLANA-4.05th FLOOR PLANA-5.06th FLOOR PLANA-6.0ROOF TOP PLANA-7.0ELEVATIONSA-7.1ELEVATIONSA-7.2COLOR ELEVATIONSA-7.3COLOR ELEVATIONSA-8.0ENLARGED 1st FLOOR PLAN - KEY PLANA-8.1ENLARGED 1st FLOOR PLAN - BUILDINGA-8.2ENLARGED 1st FLOOR PLAN - MARINAA-8.3ENLARGED 1st FLOOR PLAN - PARKING LOTA-9.0ENLARGED UNITS FLOOR PLANSA-9.1ENLARGED UNITS FLOOR PLANSA-9.2ENLARGED UNITS FLOOR PLANSDAA-1.0CONCEPTUAL SITE PLANDAA-2.0BUILDING MASSING STUDYDAA-2.1BUILDING MASSING STUDYDAA-2.2BUILDING MASSING STUDYDAA-2.3BUILDING MASSING STUDYDAA-2.4RENDERINGPROPOSED PROJECT FOR:408 EAST SHORE DRIVEClearwater, Florida 33767SCOPE OF WORK:THESE DOCUMENTS ARE FOR THE CONSTRUCTION OF A NEW, 5-STORY PLUS ONEGROUND FLOOR LEVEL OF PARKING, TYPE II B FREE STANDING BUILDING LOCATED INTHE CITY OF CLEARWATER BEACH IN THE MARINA DISTRICT.THE PROPOSED USE WILL BE A TYPE R-1 TRANSIENT CONDO-HOTEL WITH 74 UNITS.THE BUILDING HAS POURED CONCRETE FLOORS AND COLUMNS, EXTERIORWALLS ARE MASONRY WITH STUCCO.THE CONSTRUCTION OF ALL ASPECTS OF THE BUILDING WILL CONFORM TO ALLCOUNTY, STATE, AND FEDERAL REGULATIONS AS REQUIRED.ALL WORK AS CONTEMPLATED WILL BE EXECUTED WITHIN THE APPLICABLE F.B.C. 2017SIXTH EDITION AND FEMA GUIDE LINES.Location ofProjectVicinity map (NTS)Location map (NTS)NORTH63,962.62 S.F.SIXTH FLOOR A/C AREA :1Gulf of MexicoMandalayChannelMandalayChannelCauseway Blvd.East Shore Dr.ClearwaterBayJAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018CVR-112,647.46 S.F.12,647.46 S.F.12,647.46 S.F.Poinsettia Ave.1 JAB PROJECT #SHEETDRAWNDATESEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE RENDERING PROPOSED PROJECT FOR:408 EAST SHORE DRIVEClearwater, Florida 33767CSMay. 28, 19UPDATED ON2018-019DEC - 2018CVR-21 NEW 6" x 6" CONCRETECURB WV BFP W W NEW 3'-0" HIGH LOW INTENSITY "MUSHROOM DOME" DOWN LIGHT ON A PHOTOCELL NOTE: 1.ALL LIGHTING TO BE PROPERLY "TURTLE" SHIELDED IN COMPLIANCE WITH LOCAL, STATE, AND FEDERAL STATUTES PER SECTION 110-506 - LIGHTING INBEACH AREA. 2.ALL LIGHTS TO BE LED TECHNOLOGY. NEW BUILDING EXTERIOR DOWN LIGHTWALL SCONCE ON A PHOTOCELL = Backflow Preventor = Cable Box = Centerline = Cleanout = Decorative Light = Drainage Manhole = Fire Hydrant = Gas Valve = Grease Trap = Guy Anchor = Handicap = Lightpole = Mailbox = Power Box = Sanitary Manhole = Sign = Spot Elevation = Telephone Box = Utility Pole = Water Meter = Water Valve = Well GV SYMBOL LEGEND: = Solar Deck Light (LED) = Solar Bollard Light (LED) = Light Pole LED (Single Lamp) = Light Pole LED (Double Lamp) NOTE: 1.ALL LIGHTING TO BE PROPERLY "TURTLE" SHIELDED IN COMPLIANCE WITH LOCAL, STATE, AND FEDERAL STATUTES PER SECTION 110-506 - LIGHTING IN BEACH AREA. 2.ALL LIGHTS TO BE LED TECHNOLOGY.H57H56H55H52H54H53vp2425VP23Hvp34vp42vp40vp38vp36vp26vp28vp30vp3243VP41VP39VP37VP35VP33VP31VP29VP27VP22H2VP4VP6VP8VP10VP12VP14VP16VP20VP1VP3VP5VP7VP9VP11VP13VP15VP17VP19VP18VP21H vp31vp28vp37vp35vp33vp30vp36vp34vp32vp39vp38vp41vp42vp40H 10 H 9 H 8 vpvpH19H18H17H49H51H50H26H 16 H 15 H 14 H25H24H 1 1 2 3 4 5 7 9 10 CC 1 2 3 4 5 7 9 10 6 6 8 8 DD BB AA 1 2 345678 15 14 131211109 16 12345678 151413121110916 11 11 ELEV.ELEV.14'-0" SETBACKBOARDWALK BOARDWALK 14'-0" SETBACKEAST SHORE DRIVEPOINSETTIA STREET 14'-0" SETBACK14'-0" SETBACKH 3 H 2 H45H46H48H47H44H43H23H22H21H20H 13 H 12 H 11 H 7 H 6 H 5 H 4 1 2 3 4 5 6 7 8 9 10 11 272912 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 30 29 28 27 26 25 24 23 22 21 20 1 2 3 4 5 6 7 8 9 10 11 12 13 26 25 24 23 22 21 20 19 18 17 16 15 14 27 P H P P P P PPP P P P P H H H H H H H H H H H H H H H H H H H H 100'-0"115'-9"100'-0"115'-9"REQUIREDSETBACK5'-0"PROPOSEDSETBACK5'-012"REQUIREDSETBACK5'-0"REQUIRED&PROPOSEDSETBACK5'-0"REQUIRED& PROPOSEDSETBACK5'-0"FIREHYDRANT NEW STOPSIGN NEW ACCESIBLE PARKING SIGN NEW ACCESIBLE PARKING SIGN NEW ACCESIBLE PARKING SIGN 12'-0"5'-0"12'-0"18'-0"5'-0"NEW STOPSIGN CLEAR SIGHTTRIANGLE 1'-6"12'-0"5'-0"12'-0"18'-0"5'-0"6'-0"11'-11"16'-4"NEW 10'-0"SIDEWALK NEWBICYCLERACKS NEW STOPSIGN 24'-0"18'-0"9'-0"24'-0"5'-0"8'-3"21'-8"9'-0"2'-6"9'-0"18'-0"9'-0"78'-2"R15'-0"R5'-0"R3'-0"R3'-0"R20'-0"NEW TRUNCATEDWARNING DOMESON EACH SIDE OFNEW DRIVEWAY NEW TRUNCATEDWARNING DOMESON EACH SIDE OFNEW DRIVEWAYNEW PEDESTRIANCROSSWALK SIGN NEW PEDESTRIANCROSSWALK SIGNBOARDWALK ACCESS24'-0"STORAGEROOM STORAGEROOM 9'-0"9'-0"18'-0"5'-0"8'-6"14'-3"14'-3"8'-6"3'-6"8'-5"5'-0"24'-0"18'-0"9'-0"9'-0" 9'-0"9'-0"9'-0"9'-0"9'-0"36'-0"STORAGE ROOM 28'-4"16'-7"HANDICAP ELECTRIC LIFT STORAGEROOM DROP-OFFAREA (VALET) 10'-0"9'-6"BUILDING LENGTH 229'-3" CONCRETECANOPYABOVE ROOFABOVE BUILDINGFOOTPRINT BUILDING ABOVE BUILDINGABOVE BUILDINGFOOTPRINT 13'-4"49'-9" PLANTER PLANTER 81'-7"30'-0"28'-3"2'-9"18'-0"85'-6" 2'-0" 9'-0"27'-0"27'-0"3'-6"27'-0"25'-10"2'-8"5'-0"8'-3"27'-0"18'-0"1'-6"18'-0"1'-6"18'-0" 18'-9"29'-9"6'-3"14'-5"14'-11"ACCESS TO BOARDWALK POOL DECK POOL DECK20'-0"21'-0"R4'-0"11'-6"5'-0"8'-0"7'-0"22'-0"18'-5" GREEN AREA GREEN AREA GREEN AREAGREEN AREAGREEN AREA GREEN AREA GREEN AREA GREEN AREA 42'-5"34'-1" GREEN AREA GREEN AREA FIREHYDRANT5'-0"GREEN AREA REQUIRED SETBACK 14'-0" BUILDING SETBACK 27'-9" REQUIREDSETBACK0'-0"BUILDINGSETBACK5'-334" REQUIRED SETBACK 14'-0" BUILDING SETBACK 41'-034"20'-0"PARKING SURFACE SETBACK 5'-034" CLEARWATER HARBOR 35'-6"42'-8"98'-6"262'-214"20'-0"20'-0"30'-6"4'-0"30'-0"4'-0"31'-0"35'-0"4'-0"31'-0"4'-0"15'-6"4'-0"40'-0"61'-6"6'-0"31'-0" 40'-0"6'-0"40'-0" 13'-0"33'-0"40'-0"16'-6"5'-0"15'-0"20'-0"7'-0"17'-6"20'-0"20'-0"20'-0"20'-0"20'-0"20'-0"20'-0"20'-0"20'-0"4'-0"16'-0"4'-0"33'-0"4'-0"33'-6"4'-0"192'-11"17'-712"20'-0"5'-0"20'-0" 5'-0"35'-6" 76'-0" 27'-0"37'-10"5'-0"34'-0"24'-0"99'-0"R5'-0"R5'-0"18'-0"5'-0"18'-0"R15'-0"R15'-0"5'-0"5'-0"LOBBY24'-10"58'-0"2'-914"GREEN AREA GREEN AREA 3'-0"9'-6"1'-6" 18'-0" 2'-1" 27'-0"2'-8"27'-0"1'-6"9'-0"17'-0" GREEN AREA 16'-0"18'-0" 27'-0" 3'-6"57'-4"CABANAS NEW BICYCLERACKS18'-4" 18'-0"3'-0" 20'-0"20'-0"20'-0"20'-0"20'-0"10'-0"14'-9"NEW TRUNCATEDWARNING DOMESON EACH SIDE OFNEW DRIVEWAY GREEN AREAGREEN AREAGREEN AREA GREEN AREA GREEN AREA GREEN AREAGREEN AREA9'-0"16'-0"9'-0"18'-0"GREEN AREA 20'-0"9'-6"24'-0"18'-0"DUMPSTER AREA GREEN AREA 177'-03 4"30'-5"117'-414" 20'-0"20'-0"20'-0"20'-0"15'-11"20'-0"20'-0"9'-0"18'-0" NO BOAT SLIP NO BOAT SLIPGREEN AREARAMP RAMP 15'-0"15'-0"15'-0 "15'-0" GREEN AREA TRASH RECEP. BENCH BENCH BENCHTRASHRECEP.BENCHFOUNTAINTRASHRECEP. BENCH BENCH TRASH RECEP. BENCH BENCH TRASH RECEP. BENCH TRASHRECEP. TRASHRECEP. BENCHBENCH BENCH BENCH EXISTING DOCK TO BE REMOVED PARKING SURFACE SETBACK 16'-3" EAST SHORE DR. LANE LIMIT EAST SHORE DR. LANE LIMIT GREEN AREA BOARDWALK ACCESSCONCRETECROSSWALK CONCRETECROSSWALKCONCRETECROSSWALK CONCRETECROSSWALK NEW TRUNCATEDWARNING DOMESON EACH SIDE OFNEW DRIVEWAYNEW TRUNCATEDWARNING DOMESON EACH SIDE OFNEW DRIVEWAYNEW TRUNCATEDWARNING DOMESON EACH SIDE OFNEW DRIVEWAYPEDESTRIANCROSSWALKSIGN W/ FLASHINGLIGHTS PEDESTRIANCROSSWALKSIGN W/ FLASHINGLIGHTS"ENTRYONLY"SIGN "ENTRY ONLY"SIGN "EXIT ONLY"SIGN "EXIT ONLY"SIGN1'-0"10'-0"10'-0"NEW 10'-0"SIDEWALK1'-0"10'-0"6'-0"1'-0"10'-0"1'-6" 2'-0" PARKING OVERHANG2'-0"16'-0"18'-0"PARKINGSURFACE SETBACK 5'-214" 16'-0"18'-0"RAMP RAMP 20'-0"NEW 10'-0"SIDEWALK NEW 10'-0"SIDEWALK 18'-0"27'-0"8'-4"NEW 10'-0"SIDEWALK NEW 10'-0"SIDEWALK 1'-0"10'-0"1'-0"10'-0"BENCHTRASHRECEP.NEW 5'-0"VINYL FENCENEW 5'-0"VINYL FENCE NEW 5'-0"VINYL FENCE NEW 5'-0" VINYL FENCE R15'-0"R15'-0"PROPOSEDSETBACK5'-0"9'-0"18'-0"18'-0"9'-0"104'-0"18'-0"8'-6"3'-0"GREEN AREA 89'-4" SEAWALL SEAWALL SEAWALL SEAWALL1'-0"10'-0"NEW 10'-0"SIDEWALK5'-0"3'-0"3'-0"HANGING ALUM. LOUVER 6'-0" VINYLFENCE LOUVER PERGOLA & LOUVERS PERGOLA &LOUVERS 1'-6"1'-6"PLANTER BOX PLANTER BOX PLANTER BOX3'-4"HANGING ALUM. LOUVER HANGINGALUM.LOUVER HANGINGALUM.LOUVER HANGINGALUM.LOUVER LOUVER LOUVER LOUVER ALUM.LOUVER ALUM. LOUVER ALUM.LOUVER LOUVER CLEARSIGHTTRIANGLECLEARSIGHTTRIANGLECLEARSIGHTTRIANGLE CLEARSIGHTTRIANGLECLEARSIGHTTRIANGLE CLEARSIGHTTRIANGLE CLEAR SIGHT TRIANGLE CLEAR SIGHT TRIANGLE CLEARSIGHTTRIANGLE 63'-0"PERGOLA & LOUVERS PERGOLA & LOUVERS20'-0"20'-0"20'-0"20'-0" 24" (H)PLANTER PLANTER BOX PLANTER BOX PLANTER BOX PLANTER BOX PLANTER BOXPLANTER BOX PLANTER BOX00 P H Indicates Boat Slip number Public Boat Slip......... Hotel Boat Slip......... 22 Boat Slip 35 Boat Slip Total 57 Boat Slip Provided: Required: 1 vehicular prkg. sp. per 2 Public boat slips MARINA BOAT SLIPS & PARKING Marina vehicular prkg. sp. ..11 Parkg. Spaces00 H 00 VP 00 H PARKING LEGEND REGULAR PARKING SPACE FOR VALET PARKING USE REGULAR PARKING SPACE HANDICAP PARKING SPACE SEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA.1SP-1.0SCALE: 1"=20'ARCHITECTURAL SITE AND LIGHTING PLANNORTH 2SP-1.0 N.T.S.BICYCLE RACK (2 BIKES) 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE ARCHITECTURAL SITE & LIGHTING PLAN 3SP-1.1 SCALE: 1" = 1'-0"CONCRET CURB DETAIL 4 SP-1.1 SCALE: N.T.S. SILK FENCE DETAIL JAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018SP-1.04SP-1.0 N.T.S.BENCH DETAIL (TYP.) 5 SP-1.0 N.T.S. TRASH RECEPTACLES (TYP.) 1 1111 SEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE CONSTRUCTION NOTESJAB PROJECT #SHEETDRAWNDATESKApr. 12, 19UPDATED ON2018-019DEC - 2018C-1PATRICIA P. MONTECKI FL NO. 54894 DATE: THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY PATRICIA P. MONTECKI, P.E. ON APRIL 12, 2019 PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. vp27vp28vp31vp29vp37vp35vp33vp30vp36vp34vp32vp39vp38vp41vp42vp40r19r18r17r49r51r50r26r 16 r 15 r 14 r25r24r57r 1r56 r55vp12vp24vp25vp26vp27vp28r21vp1vp11vp2vp10vp3vp9vp4vp8vp5vp7vp61 2 3 4 5 7 9 10 CC 1 2 3 4 5 7 9 10 6 6 8 8 DD BB AA 1 2 345678 15 14 131211109 16 12345678 151413121110916 11 11 ELEV.ELEV. 18'-0" SETBACK 18'-0" SETBACK 18'-0" SETBACK18'-0" SETB A C K 5'-0" SETBACK5'-0" SETBACK 14'-0" SETBACKBOARDWALK BOARDWALK 14'-0" SETBACK18'-0" SETBA C K EAST SHORE DRIVEPOINSETTIA STREET 14'-0" SETBACK14'-0" SETBACKvp42vp43vp23vp32vp22vp33vp31vp34vp30vp35vp36vp37vp38vp39vp40vp41vp29H 3 H 2 r45r46r48r47r52r54r53r44r43r23r22r21r20r 13 r 12 r 11 r 10 r 9 r 8 r 7 r 6 H 5 H 4 1 2 3 4 5 6 7 8 9 10 11 vp14vp13vp15vp16vp17vp18vp19vp20CLEAR SIGHTTRIANGLE CLEAR SIGHTTRIANGLE100'-0"115'-9"100'-0"115'-9"REQUIREDSETBACK5'-0"PROPOSEDSETBACK5'-012"REQUIREDSETBACK5'-0"PROPOSEDSETBACK5'-734"REQUIRED&PROPOSEDSETBACK5'-0"REQUIRED& PROPOSEDSETBACK5'-0"FIREHYDRANT NEW STOPSIGN NEW ACCESIBLE PARKING SIGN NEW ACCESIBLE PARKING SIGN NEW ACCESIBLE PARKING SIGN 12'-0"5'-0"12'-0"18'-0"5'-0"CLEAR SIGHTTRIANGLE NEW STOPSIGN CLEAR SIGHTTRIANGLE5'-0"1'-6"12'-0"5'-0"12'-0"18'-0"5'-0"6'-0"11'-11"16'-4"5'-0"NEW 5'-0" SIDEWALK NEW 5'-0" SIDEWALK NEWBICYCLERACKS NEW STOPSIGN 24'-0"18'-0"9'-0"24'-0"5'-0"8'-3"21'-8"27'-0"2'-6"9'-0"18'-0"9'-0"137'-4"R15'-0"R5'-0"R3'-0"R3'-0"R20'-0"NEW TRUNCATEDWARNING DOMESON EACH SIDE OFNEW DRIVEWAY NEW TRUNCATEDWARNING DOMESON EACH SIDE OFNEW DRIVEWAYNEW PEDESTRIANCROSSWALK SIGN NEW PEDESTRIAN CROSSWALK SIGN BOARDWALK ACCESS24'-0"NEW CROSSWALKSTRIPING NEWCROSSWALKSTRIPINGSTORAGEROOMSTORAGEROOM 9'-0"9'-0"18'-0"5'-0"10'-0"14'-3"14'-3"10'-0"5'-0"8'-5"5'-0"5'-0"24'-0"18'-0"9'-0"9'-0" 9'-0"9'-0"9'-0"9'-0"9'-0"18'-0"18'-0"STORAGE ROOM 28'-4"16'-7"HANDICAP ELECTRIC LIFT STORAGEROOM DROP-OFFAREA (VALET) 10'-0"12'-6"18'-0" 276'-9" ROOFABOVE ROOFABOVE BUILDINGABOVE BUILDING ABOVE BUILDINGABOVE BUILDINGABOVE 13'-4"49'-9" PLANTER PLANTER 81'-7"30'-0"28'-5"3'-1"18'-0"85'-6" 2'-0" 9'-0"27'-0"27'-0"3'-6"27'-0"25'-10"2'-8"5'-0"8'-3"27'-0"18'-0"1'-6"18'-0"1'-6"18'-0" 18'-9"29'-9"6'-3"14'-5"14'-11"ACCESS TO BOARDWALK POOL DECK POOL DECK20'-0"21'-0"R4'-0"11'-6"5'-0"8'-0"7'-0"22'-0"18'-5" GREEN AREA GREEN AREA GREEN AREAGREEN AREAGREENAREA GREEN AREA GREEN AREA GREEN AREA GREENAREA42'-5"34'-1" GREEN AREA GREEN AREAGREEN AREA GREEN AREA FIREHYDRANT17'-10"19'-512"5'-0"GREEN AREA REQUIRED SETBACK 14'-0" BUILDING SETBACK 27'-9" REQUIREDSETBACK0'-0"BUILDINGSETBACK5'-334" REQUIRED SETBACK 14'-0" BUILDING SETBACK 41'-034" REQUIRED SETBACK 18'-0" BUILDING SETBACK 18'-034" CLEAR SIGHTTRIANGLE CLEAR SIGHTTRIANGLE20'-0"CLEAR SIGHT TRIANGLE CLEAR SIGHT TRIANGLE DRIVEWAY SETBACK 5'-034" CLEARWATER HARBOR 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 30 29 28 27 26 25 24 23 22 21 20 1 2 3 4 5 6 7 8 9 10 11 12 13 26 25 24 23 22 21 20 19 18 17 16 15 14 27 35'-6"42'-8"98'-6"262'-214"20'-0"20'-0"30'-6"4'-0"30'-0"4'-0"31'-0"35'-0"4'-0"31'-0"4'-0"15'-6"4'-0"40'-0"61'-6"6'-0"31'-0" 40'-0"6'-0"40'-0" 13'-0"33'-0"40'-0"16'-6"5'-0"15'-0"20'-0"7'-0"17'-6"20'-0"20'-0"20'-0"20'-0"20'-0"20'-0"20'-0"20'-0"20'-0"4'-0"16'-0"4'-0"33'-0"4'-0"33'-6"4'-0"192'-11"17'-712"20'-0"5'-0"20'-0" 5'-0"35'-6" 76'-0" 48'-0"37'-10"102'-0"5'-1134"32'-0"24'-0"32'-0"5'-412"5'-412"88'-0"5'-1134"32'-0"24'-0"32'-0"5'-412"R15'-0"R15'-0"94'-0"R5'-0"R5'-0"18'-0"5'-0"18'-0"R15'-0"R15'-0"5'-0"5'-0"LOBBY24'-10"58'-0"2'-914"GREEN AREA GREEN AREA 3'-0"9'-6"1'-6" 18'-0" 2'-1" 27'-0"2'-8"27'-0"1'-6"9'-0"17'-0"5'-034" REQUIRED SETBACK 18'-0" GREEN AREA 16'-0"18'-0" 26'-6" 3'-6"57'-4"CABANAS NEW BICYCLERACKS18'-4" 18'-0"3'-0" P H P P P P PPP P P P P H H H H H H H H H H H H H H H H H H H H 20'-0"20'-0"20'-0"20'-0"20'-0"20'-0"10'-0"14'-9"NEW TRUNCATEDWARNING DOMESON EACH SIDE OFNEW DRIVEWAY 20'-0"20'-0"20'-0"20'-0"GREEN AREAGREEN AREAGREEN AREA GREEN AREA GREEN AREA GREEN AREAGREEN AREA8'-6"16'-0"8'-6"16'-0"8'-6"16'-0"GREEN AREA 30'-314"11'-6"27'-0"18'-0"DUMPSTER AREA GREEN AREA CLEAR SIGHT TRIANGLE 177'-03 4"30'-5"117'-414" 20'-0"20'-0"20'-0"20'-0"15'-11" CLEAR SIGHT TRIANGLE 20'-0"20'-0"9'-0"18'-0" NO BOAT SLIP NO BOAT SLIPGREEN AREARAMP RAMP 15'-0"15'-0"15'-0 "15'-0" GREEN AREA MARINA SEATING SEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA.1C-1SCALE: 1"=20'CIVIL SITE PLANNORTH 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE CIVIL SITE PLANJAB PROJECT #SHEETDRAWNDATECSApr. 12, 19UPDATED ON2018-019DEC - 2018C-2DATE: FL NO. 54894 PATRICIA P. MONTECKI ELEV. ELEV. BOARDWALK BOARDWALK vpvpvpvpvpvpvpvpvpvp6vpvpvpvpvpvpvpvpvpvpvpvpvpvpvpvpvpvpvpvpvpvpvpvpvp12vp1211HH 15811HH ROOF ABOVE 2nd FLOOR ABOVE 2nd FLOOR ABOVE 2nd FLOOR ABOVE 2nd FLOOR ABOVE 2nd FLOOR ABOVE 2nd FLOOR ABOVE 2nd FLOOR ABOVE ROOF ABOVE SEA WALL SEA WALL SEA WALL WHEELCHAIR LIFT POOL LOBBY POOL DECK CABANAS JAC.MARINA BOARDWALK ACCESSMARINA SEATING STORAGESTORAGE SIDEWALK SIDEWALK SIDEWALK BICYCLE RACK(5 BIKES)BICYCLE RACK(5 BIKES)BICYCLE RACK(5 BIKES)BICYCLE RACK(5 BIKES)BICYCLE RACK(5 BIKES)BICYCLE RACK(5 BIKES) 1 1 27 BIKERACKBIKERACKBIKERACKBIKERACKTIE INTO EXIST. MH ATELEV=1.2548 LF 6" PVCSS @1%MHRIM=5.20IE=1.73(W)IE=1.83(S)29 LF 6" PVCSS @1%DUMPSTERAREASEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE HORIZONTAL CONTROLJAB PROJECT #SHEETDRAWNDATESKApr. 12, 19UPDATED ON2018-019DEC - 2018C-3PATRICIA P. MONTECKI FL NO. 54894 DATE: THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY PATRICIA P. MONTECKI, P.E. ON APRIL 12, 2019 PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. ELEV. ELEV. BOARDWALK BOARDWALK vpvpvpvpvpvpvpvpvpvp6vpvpvpvpvpvpvpvpvpvpvpvpvpvpvpvpvpvpvpvpvpvpvpvpvp12vp12HH 15811HH ROOF ABOVE 2nd FLOOR ABOVE 2nd FLOOR ABOVE 2nd FLOOR ABOVE 2nd FLOOR ABOVE 2nd FLOOR ABOVE 2nd FLOOR ABOVE SEA WALL SEA WALL SEA WALL WHEELCHAIR LIFT POOL LOBBY POOL DECK CABANAS JAC. MARINA SEATING STORAGESTORAGE SIDEWALK SIDEWALK SIDEWALK BICYCLE RACK(5 BIKES)BICYCLE RACK(5 BIKES)BICYCLE RACK(5 BIKES)BICYCLE RACK(5 BIKES)BICYCLE RACK(5 BIKES)BICYCLE RACK(5 BIKES) 1 1 27 BIKERACKBIKERACKBIKERACKBIKERACKMEET & MATCHEXIST. GRADEMEET & MATCHEXIST. GRADEMEET & MATCHEXIST. GRADETIE INTO EXIST. MH ATELEV=1.2548 LF 6" PVCSS @1%MHRIM=5.20IE=1.73(W)IE=1.83(S)29 LF 6" PVCSS @1%DUMPSTERAREASEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE PAVING, GRADING & DRAINAGE PLANJAB PROJECT #SHEETDRAWNDATESKApr. 12, 19UPDATED ON2018-019DEC - 2018C-4PATRICIA P. MONTECKI FL NO. 54894 DATE: THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY PATRICIA P. MONTECKI, P.E. ON APRIL 12, 2019 PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. ELEV. ELEV. BOARDWALK BOARDWALK ROOF ABOVE 2nd FLOOR ABOVE 2nd FLOOR ABOVE SEA WALL SEA WALL SEA WALL LOBBY CABANAS MARINA SEATING STORAGESTORAGE SIDEWALK SIDEWALK SIDEWALK BICYCLE RACK(5 BIKES)BICYCLE RACK(5 BIKES) 1 2 30 1 27 TIE INTO EXIST. MH ATELEV=1.2548 LF 6" PVCSS @1%MHRIM=5.20IE=1.73(W)IE=1.83(S)29 LF 6" PVCSS @1%SEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE UTILITIES PLANJAB PROJECT #SHEETDRAWNDATESKApr. 12, 19UPDATED ON2018-019DEC - 2018C-5PATRICIA P. MONTECKI FL NO. 54894 DATE: THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY PATRICIA P. MONTECKI, P.E. ON APRIL 12, 2019 PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. TYPICALSEE PLANTING DETAILSIMPORTED TOPSOILSEE SPECIFICATIONSIMPORTED BARK MULCH30" TYPICALTREE OR SHRUB ROOTBALL WIDTH PER PLANS MPSPCIYCMVASODSBVO SABAL PALM TREE"SOD" ST. AUGUSTINEVARIEGATED ASIAN JASMINEYAUPON"CM" - CREPE MYRTLELEGEND:CANARY ISLAND DATE PALM TREEMEDJOOL PALM TREESILVER BUTTONWOODEXISTING TREE TO BE REMOVEDSURVEY TREE LEGENDVIBURNUMSH57 H56H55H52H54H53vp2425VP23Hvp34vp42vp40vp38vp36vp26vp28vp30vp3243VP41VP39VP37VP35VP33VP31VP29VP27VP22H2VP4VP6VP8VP10VP12VP14VP16VP20VP1VP3VP5VP7VP9VP11VP13VP15VP17VP19VP18VP21H vp31vp28vp37vp35vp33vp30vp36vp34vp32vp39vp38vp41vp42vp40H 10 H 9 H 8 vpvpH19H18H17H49H51H50H26H 16 H 15 H 14 H25H24H 1 1 2 3 4 5 7 9 10 CC 1 2 3 4 5 7 9 10 6 6 8 8 DD BB AA 1 2 345678 15 14 131211109 16 12345678 151413121110916 11 11 ELEV.ELEV.14'-0" SETBACKBOARDWALK BOARDWALK 14'-0" SETBACKEAST SHORE DRIVEPOINSETTIA STREET 14'-0" SETBACK14'-0" SETBACKH 3 H 2 H45H46H48H47H44H43H23H22H21H20H 13 H 12 H 11 H 7 H 6 H 5 H 4 1 2 3 4 5 6 7 8 9 10 11 272912 13 14 15 16 Y YYY Y Y Y Y Y YVA VA VA VA VA VAVAVASOD SOD SOD SOD SOD SODSODVASODYY SOD SOD SOD 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 30 29 28 27 26 25 24 23 22 21 20 1 2 3 4 5 6 7 8 9 10 11 12 13 26 25 24 23 22 21 20 19 18 17 16 15 14 27 P H P P P P PPP P P P P H H H H H H H H H H H H H H H H H H H H MP MP SP SP SP MP MP MP MP MPMP CM CM CM MP MPMPMPSB SB SB SB SB SB SB SBSB SB SB SB SB SB SB SB SB SB SB SB SBSB SBSBYYYYVAVAVAVAVAVAYYSOD SOD SOD SOD SOD SB VA Y YSOD VA Y Y VO VO VO Y Y Y SOD SOD SB SB SOD VLBA #1 VLBA #2 VLBA #3 VLBA #4 VLBA #1 CLEARSIGHTTRIANGLE CLEARSIGHTTRIANGLECLEARSIGHTTRIANGLE 36" (H)PLANTER 24" (H)PLANTER 24" (H)PLANTERCLEARSIGHTTRIANGLECLEARSIGHTTRIANGLE CLEARSIGHTTRIANGLE CLEAR SIGHT TRIANGLE CLEARSIGHTTRIANGLE CLEARSIGHTTRIANGLE FOUNTAIN 24" (H) PLANTER 36" (H) PLANTER SODVAVA CLEARSIGHTTRIANGLE Y VLBA #1VLBA #1 VLBA #1 VLBA #4 VLBA #4 VLBA #4 VLBA #4 VLBA #4 VLBA #4 VLBA #5 VLBA #5 VLBA #5 SB SB SBVAVASBVAVAVA 24" (H) PLANTER 24" (H)PLANTER 24" (H) PLANTER Y YMP BACKFILL MIXBACKFILL MIXFINISH GRADEPUDDLE AND SETTLECONTAINER DIAMETERDEPTH1 1/2 TIMESCONTAINER24" MIN.2 TIMES OR MINIMUM 18"-24" WIDER GUY WIRE SIZES:#12 - 15 TO 25 GAL. TREES#9 - FIELD STOCK TREESPLANTING HOLEREBAR STAKE SIZES:#4 X 2' - 15 TO 25 GAL. TREES#7 X 3' - FIELD STOCKINSTALL TURNBUCKLES FORFIELD STOCK ONLYLEVEL W/ SURFACE OFINSTALL TOP OF ROOT MASS 2 TIMESCONTAINERDEPTH CONTAINER DIAMETER THAN DIAMETER OF ROOT BALL1 1/2 TIMESFINISH GRADE BACKFILL MIX PUDDLE ANDSETTLE BACKFILL RUBBER TREE TIEGALV. GUY WIRESURVEYOR'S FLAGGINGTAPE - EA. WIRETURNBUCKLE REBAR STAKEBELOW GRADE MIX SLOPED NOTCOMPACTED MP SP CM VA Y SOD SB VO PLANT MATERIAL SCHEDULE: QTY.CODE BOTANICAL NAME COMMON NAME SPECS. ILEX VOMITORIA PHOENIX DACTYLIFERA MEDJOOL MEDJOOL PALMS 40'-50' H x10'-15' W13 TRACHELOSPERUM ASIATICUM VARIEGATED VARIEGATED ASIAN JASMINE 1 GAL., 10"-12" SPR, DENSE 3 LAGERSTROEMIA INDICA CREPE MYRTLE 3 GAL/2" DIA 8'-10' H 218 ST. AUGUSTINE FLORATUM ST. AUGUSTIN SOD 5273 sq.ft. 18"-24" HGT 3 GAL. PLANTED @ 3' O.C.SHADE /ORNAMENTAL TREESSHRUBS / HEDGESGROUNDCOVERCHARACTERISTICS: N-NATIVE, F-FLOWERING, E-EVERGREEN, D-DECIDUOS ALL TREES AND BASE PLANTS REQUIRE MULCH AT PLANTING OVER THE ROOT ZONE. F,D SABAL PALMSSABAL PALMETTO3 2,222 sq.ft. 40'-50' H x10'-15' W SILVER BUTTONWOODCONOCARPUS ERECTUS 8'-10' H x20-40' W27 TYPE VIBURNUM ODORATISSIMUM VIBURNUMS18 4' TO 6' HGT 3 GAL. PLANTED @ 3' TO 4' O.C. YAUPON GENERAL LANDSCAPE NOTES: 1.ALL PLANT MATERIALS TO BE FLORIDA #1 OR BETTER QUALITY, INSTALLED TO HIGHEST NURSERY STANDARDS. 2.MULCH TO BE "FLORAMULCH" AVAILABLE AT GOMULCH.COM OR 866.466.8524 / 866.GO.MULCH. MULCH SHALL BE INSTALLED TO A MINIMUM OF 3" THICK IN ALL PLANTING AREAS. 3.SOD TO BE 95% WEED FREE: ST. AUGUSTINE FLORATAM. SOD TO BE INSTALLED WITH TIGHT JOINTS, ROLLED AND FERTILIZED AT TIME OF INSTALLATION. ALL AREAS OF THE PROJECT SITE DISTURBED DURING CONSTRUCTION SHALL BE SODDED UNLESS SPECIFICALLY LABELED OTHERWISE. ALL AREAS WITHIN THE PROJECT LIMITS SHALL BE PROVIDED WITH SOD OR OTHER SPECIFIED GROUNDCOVER. 4.ALL DIMENSIONS TO BE FIELD CHECKED BY THE LANDSCAPE CONTRACTOR PRIOR TO CONSTRUCTION, WITH ANY DISCREPANCIES REPORTED IMMEDIATELY TO THE LANDSCAPE ARCHITECT. 5.ALL MATERIALS MUST BE AS SPECIFIED ON THE LANDSCAPE PLAN. IF MATERIALS OR LABOR DO NOT ADHERE TO SPECIFICATIONS, THEY WILL BE REJECTED BY THE LANDSCAPE ARCHITECT WITH PROPER INSTALLATION CARRIED OUT BY THE LANDSCAPE CONTRACTOR AT NO ADDITIONAL COST. 6.NO SUBSTITUTIONS OR CHANGES OF ANY KIND WILL BE MADE AT TIME OF BIDDING, SO AS TO PROVIDE FOR EQUAL AND FAIR COMPARISONS. 7.ALL PERMITS NECESSARY ARE TO BE PROVIDED BY THE INSTALLING CONTRACTOR UNLESS OTHERWISE SPECIFICALLY STATED IN THE SPECIFICATIONS. 8.NO CONTRACTOR IDENTIFICATION SIGNS SHALL BE PERMITTED ON THE PROJECT. 9.ALL QUESTIONS CONCERNING THE PLANS AND SPECIFICATIONS ARE TO BE DIRECTED TO THE ARCHITECT. 10.CAREFULLY REVIEW THE LANDSCAPE SPECIFICATIONS. THE INSTALLING CONTRACTOR WILL BE HELD RESPONSIBLE FOR ALL ITEMS CONTAINED THEREIN. 11.ALL PLANT MATERIAL SHALL BE PLANTED WITH "TERRA-SORB AG", IN ACCORDANCE WITH THE MANUFACTURER'S RECOMMENDATIONS FOR THE RATE OF APPLICATION. 12.THE CONTRACTOR SHALL BE RESPONSIBLE TO PROVIDE STORM WATER POLLUTION PREVENTION PLANS AND APPROPRIATE CONSTRUCTION SITE RUNOFF CONTROLS TO MEET EPA'S NATURAL POLLUTANT DISCHARGE ELIMINATION SYSTEM RULE ON CONSTRUCTION SITES WHERE MORE THAN ONE ACRE OF LAND IS DISTURBED. 13.SEC. 106-36. - XERISCAPE REQUIREMENTS. THE XERISCAPE DESIGN PRINCIPLE OF PLANT SELECTION AND PLACEMENT BASED UPON FUNCTION, WATER REQUIREMENTS AND SUITABLE ENVIRONMENTAL EXPOSURE OF PLANT MATERIALS SHALL BE USED IN ALL VEHICULAR-USE AREAS. IN ADDITION, THE FOLLOWING XERISCAPE TECHNIQUES SHALL BE REQUIRED: 1. FIFTY PERCENT OF THE PLANTS USED IN ALL VEHICULAR-USE AREAS LANDSCAPE DESIGNS SHALL BE DROUGHT TOLERANT AND LOCATED IN GROUPINGS ACCORDING TO WATER REQUIREMENTS. 2. SEVENTY-FIVE PERCENT OF THE PLANTS USED IN ALL VEHICULAR-USE AREA LANDSCAPE DESIGNS SHALL BE A COMBINATION OF NATIVE AND DROUGHT TOLERANT. 3. ALL PLANTINGS SHALL BE GROUPED IN ZONES ACCORDING TO WATER REQUIREMENTS AND SHALL BE IRRIGATED IN ZONES SEPARATING HIGH WATER USE LAWN AREA FROM DROUGHT TOLERANT ZONES. 4. ALL IRRIGATION SYSTEMS SHALL BE AUTOMATIC WITH CYCLING CAPACITY AND SHALL BE DESIGNED TO AVOID IRRIGATION OF UNPLANTED SURFACES. 14. SEC. 106-40. - SCREENING OF BACKFLOW PREVENTERS. BACKFLOW PREVENTERS SHALL BE SCREENED BY DENSE EVERGREEN SHRUBBERY A MINIMUM OF 30 INCHES IN HEIGHT, PLANTED TWO FEET ON CENTER. SUCH SHRUBBERY SHALL BE PLANTED FAR ENOUGH AWAY FROM THE UNIT SO AS TO PROVIDE A MINIMUM OF A THREE-FOOT CLEARED AREA ON THE TWO SIDES OF THE UNIT FOR MAINTENANCE PURPOSES. 15. SEC. 106-42. - SEA OATS / SAND DUNES. THE REMOVAL OR RELOCATION OF SEA OATS OR SAND DUNES ON ANY PROPERTY LANDWARD OF THE COUNTY COASTAL CONSTRUCTION CONTROL LINE WILL BE COORDINATED WITH THE BUILDING AND ZONING DIRECTOR PRIOR TO THE START OF WORK. 16. SECTION 110-670 - LANDSCAPING / GREEN AREA (A) ONE OF THE PURPOSES OF THE DEVELOPMENT CONTROLS IS TO ENCOURAGE THE PROVISION OF ADEQUATE LANDSCAPING/GREEN AREA IN R-3 ZONES WEST OF GULF BOULEVARD. A MINIMUM OF TEN PERCENT OF THAT PORTION OF THE LOT LOCATED EAST OF THE COUNTY COASTAL CONSTRUCTION CONTROL LINE AS ESTABLISHED BY THE STATE SHALL BE DESIGNATED FOR AND MAINTAINED AS LANDSCAPED GREEN AREA IN SIDE AND FRONT YARDS. (B) IN R-3 ZONES WEST OF GULF BOULEVARD, THE GREEN AREA IN SIDE YARDS SHALL PROVIDE A CLEAR "VIEW AREA" BETWEEN THREE FEET AND TEN FEET IN HEIGHT; I.E. BUSHES OR SHRUBS SHALL NOT EXCEED THREE FEET IN HEIGHT AND TREES SHALL BE TRIMMED BELOW TEN FEET IN HEIGHT. SUCH LANDSCAPED AREAS MAY INCLUDE PASSIVE RECREATION FACILITIES PROVIDED, HOWEVER, THAT THE "VIEW AREA" IS NOT OBSTRUCTED. (C) IN ALL ZONES EXCEPT R-1, ALL OFF-STREET PARKING AREAS NOT CONTAINED WITHIN THE BUILDING STRUCTURE SHALL HAVE A MINIMUM OF TEN PERCENT LANDSCAPED GREEN AREA. (D) ALL LANDSCAPED AREAS SHALL BE PROVIDED WITH AN ADEQUATE WATER SUPPLY. 17. ADD THE FOLLOWING NOTE TO THE LANDSCAPE PLANS, "WHEN AN ACCESS WAY INTERSECTS A PUBLIC RIGHT-OF-WAY OR OTHER ACCESS WAY, OR WHEN THE SUBJECT PROPERTY ABUTS THE INTERSECTION OF TWO OR MORE PUBLIC RIGHT-OF-WAYS, ALL LANDSCAPING WITHIN THE TRIANGULAR AREAS DESCRIBED AS [OR] REFERRED TO AS THE "CROSS-VISIBILITY AREA," SHALL PROVIDE UNOBSTRUCTED CROSS-VISIBILITY AT A LEVEL BETWEEN 36 INCHES AND EIGHT FEET. TREES AND PLANT MATERIAL TRIMMED IN SUCH A MANNER THAT CROSS VISIBILITY IS NOT HINDERED WILL BE ALLOWED, PROVIDED THEY ARE LOCATED SO AS NOT TO CREATE A TRAFFIC HAZARD, AS DETERMINED BY THE CITY. SEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA.1SP-2.0SCALE: 1"=20'LANDSCAPE PLANNORTH 2SP-2.0 SCALE: N.T.S.PLANTER ISLAND (TYP.)3SP-2.0 SCALE: N.T.S.SHRUB PLANTING (TYP.) 4 SP-2.0 SCALE: N.T.S. TREE GUYING (TYP. DETAIL) 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE LANDSCAPE PLANJAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018SP-2.01 123456712345678910 11 12 13 1415 16123457910CC1234579106688DDBBAA12345678151413121110916123456781514131211109161111ELEV.ELEV.14'-0" SETBACK BOARDWALKBOARDWALK14'-0" SETBACK EAST SHORE DRIVE14'-0" SETBACK 14'-0" SETBACK12 46812133579101415COFFICELOBBYHALLHALL32'-9"85'-3"101'-6"10'-0"17'-9"40'-6"16'-9"10'-0"9'-9"56'-0"5'-0"14'-9"30'-0"12'-3"3'-0"19'-9"3'-0"2'-6"9'-9"30'-0"14'-9"10'-0"15'-0"22'-0"42'-10"14'-5"15'-0"34'-2"15'-0"30'-0"15'-0"15'-0"15'-0"15'-0"22'-0"95'-0"229'-3"5'-6"9'-6"1'-0"4'-0"6'-0" 3'-0" 7'-0" 2'-6" 2'-6"9'-0" 11'-6" 3'-0" 3'-0" 1'-6" 2'-6" 5'-0"5'-0" 2'-0" 3'-0" 3'-0" 3'-0" 3'-0" 2'-0" 3'-0"5'-0"5'-0"5'-0"KIT.LIVINGBALCONYM.BDR.BATHR.HALLHALLM.BDR.M.BATHR.LIVINGKIT.BATHR.BDR.BALCONYM.BDR.M.BATHR.LIVINGKIT.BATHR.BDR.BALCONYM.BDR.LIVINGM.BATHR.BDR.BATHR.KIT.BALCONYM.BDR.LIVINGM.BATHR.BDR.BATHR.KIT.BALCONYM.BDR.BDR.LIVINGDININGKIT.BATHR.M.BATHR.W/DW/DW/DW/DW/DM.BDR.BDR.LIVINGKIT.BATHR.M.BATHR.W/DLIVINGM.BATHR.BDR.BATHR.KIT.W/DM.BDR.BALCONYBALCONYBALCONYW/DW/DW/DKIT.BATHR.BDR.M.BATHR.M.BDR.LIVINGBALCONYKIT.BATHR.BDR.M.BATHR.M.BDR.LIVINGBALCONYBATHR.OFFICECLUB ROOMBDR.BATHR.KIT.LIVINGM.BDR.BALCONYM.BATHR.M.BDR.M.BATHR.BATHR.LIVINGKIT.LIVINGBALCONYBALCONYHALLLIVING/DENBATHR.KIT.M.BATHR.M.BDR.LIVINGBALCONYKIT.M.BATHR.M.BDR.LIVINGLIVING/DENW/DTIKI BAR19'-7" 20'-7" 4'-0"DN. TOPOOLDECKMARINA BOARDWALK ACCESS5'-0"OFFICENORTH SIDESETBACK41'-034"SOUTH SIDESETBACK27'-9"BUILDINGFRONTSETBACK5'-334"CHECK-INSERVICE30'-0"7' VINYLFENCEBELOWPERGOLA &LOUVERSBELOWPERGOLA &LOUVERSBELOWPERGOLA &LOUVERS BELOWPERGOLA &LOUVERSBELOWNORTH1A-1.0SCALE: 1" = 10'2nd FLOOR PLANSEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE 2nd FLOOR PLANJAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018A-1.01 124681112133579101415123457910CC1234579106688DDBBAA12345678151413121110916123456781514131211109161111ELEV.ELEV.14'-0" SETBACK BOARDWALKBOARDWALK14'-0" SETBACK EAST SHORE DRIVE14'-0" SETBACK 14'-0" SETBACK1234567 8910 11 12 13 1415 16ELECTRICALROOMLOBBYHALLHALL33'-4"94'-5"101'-6"9'-0"17'-9"40'-6"16'-9"10'-0" 56'-0"5'-0"14'-9"30'-0"12'-3"3'-0"19'-9"3'-0"2'-6"9'-9"30'-0"12'-9"10'-0"17'-0"22'-0"42'-10"14'-5"30'-0"15'-0"15'-0"30'-0"15'-0"15'-0"15'-0"15'-0"22'-0"229'-3"94'-0"229'-3"10'-0"9'-6"4'-0"6'-0" 3'-0" 6'-0" 3'-6"8'-0" 11'-6" 3'-0" 3'-0" 1'-6" 2'-6" 5'-0"5'-0" 2'-0" 3'-0" 3'-0" 3'-0" 3'-0" 2'-0" 3'-0" 3'-0"5'-0"5'-0"5'-0"KIT.LIVINGBALCONYM.BDR.BATHR.HALLHALLM.BDR.M.BATHR.LIVINGKIT.BATHR.BDR.BALCONYM.BDR.M.BATHR.LIVINGKIT.BATHR.BDR.BALCONYM.BDR.LIVINGM.BATHR.BDR.BATHR.KIT.BALCONYM.BDR.LIVINGM.BATHR.BATHR.KIT.BALCONYM.BDR.BDR.LIVINGDININGKIT.BATHR.M.BATHR.W/DW/DW/DW/DW/DM.BDR.BDR.LIVINGKIT.BATHR.M.BATHR.W/DLIVINGM.BATHR.BDR.BATHR.KIT.W/DM.BDR.BALCONYBALCONYBALCONYW/DW/DW/DW/DKIT.BATHR.BDR.M.BATHR.M.BDR.LIVINGBALCONYKIT.BATHR.BDR.M.BATHR.M.BDR.LIVINGBALCONYBDR.BATHR.KIT.LIVINGM.BDR.BALCONYM.BATHR.BDR.BATHR.KIT.LIVINGM.BDR.BALCONYM.BATHR.M.BDR.M.BATHR.BATHR.LIVINGKIT.LIVINGBALCONYBALCONYHALLLIVING/DENBATHR.KIT.M.BATHR.M.BDR.LIVINGBALCONYKIT.M.BATHR.M.BDR.LIVINGLIVING/DENW/DHOUSEKEEPING& LAUNDRY ROOMBDR.SEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE 3rd FLOOR PLAN NORTH1A-2.0SCALE: 1" = 10'3RD FLOOR PLANJAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018A-2.01 12468111213357910FIREROOMLOBBYHALLHALL141533'-4"94'-5"101'-6"9'-0"17'-9"40'-6"16'-9"10'-0" 56'-0"5'-0"14'-9"30'-0"12'-3"3'-0"19'-9"3'-0"2'-6"9'-9"30'-0"12'-9"10'-0"17'-0"22'-0"42'-10"14'-5"30'-0"15'-0"15'-0"30'-0"15'-0"15'-0"15'-0"15'-0"22'-0"229'-3"94'-0"229'-3"10'-0"9'-6"4'-0"6'-0" 3'-0" 6'-0" 3'-6"8'-0" 11'-6" 3'-0" 3'-0" 1'-6" 2'-6" 5'-0"5'-0" 2'-0" 3'-0" 3'-0" 3'-0" 3'-0" 2'-0" 3'-0" 3'-0"5'-0"5'-0"5'-0"KIT.LIVINGBALCONYM.BDR.BATHR.HALLHALLM.BDR.M.BATHR.LIVINGKIT.BATHR.BDR.BALCONYM.BDR.M.BATHR.LIVINGKIT.BATHR.BDR.BALCONYM.BDR.LIVINGM.BATHR.BDR.BATHR.KIT.BALCONYM.BDR.LIVINGM.BATHR.BDR.BATHR.KIT.BALCONYM.BDR.BDR.LIVINGDININGKIT.BATHR.M.BATHR.W/DW/DW/DW/DW/DM.BDR.BDR.LIVINGKIT.BATHR.M.BATHR.W/DLIVINGM.BATHR.BDR.BATHR.KIT.W/DM.BDR.BALCONYBALCONYBALCONYW/DW/DW/DW/DKIT.BATHR.BDR.M.BATHR.M.BDR.LIVINGBALCONYKIT.BATHR.BDR.M.BATHR.M.BDR.LIVINGBALCONYBDR.BATHR.KIT.LIVINGM.BDR.BALCONYM.BATHR.BDR.BATHR.KIT.LIVINGM.BDR.BALCONYM.BATHR.M.BDR.M.BATHR.BATHR.LIVINGKIT.LIVINGBALCONYBALCONYHALLLIVING/DENBATHR.KIT.M.BATHR.M.BDR.LIVINGBALCONYKIT.M.BATHR.M.BDR.LIVINGLIVING/DENW/D123457910CC1234579106688DDBBAA12345678151413121110916123456781514131211109161111ELEV.ELEV.14'-0" SETBACK BOARDWALKBOARDWALK14'-0" SETBACK EAST SHORE DRIVE14'-0" SETBACK 14'-0" SETBACK1234567 8910 11 12 13 1415 16MAINTENANCEROOMSEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE 4th FLOOR PLAN NORTH1A-3.0SCALE: 1" = 10'4TH FLOOR PLANJAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018A-3.01 124681112133579101415123457910CC1234579106688DDBBAA12345678151413121110916123456781514131211109161111ELEV.ELEV.14'-0" SETBACK BOARDWALKBOARDWALK14'-0" SETBACK EAST SHORE DRIVE14'-0" SETBACK 14'-0" SETBACK1234567 8910 11 12 13 1415 16ELEVATOREQUIPMENTLOBBYHALLHALL33'-4"94'-5"101'-6"9'-0"17'-9"40'-6"16'-9"10'-0" 56'-0"5'-0"14'-9"30'-0"12'-3"3'-0"19'-9"3'-0"2'-6"9'-9"30'-0"12'-9"10'-0"17'-0"22'-0"42'-10"14'-5"30'-0"15'-0"15'-0"30'-0"15'-0"15'-0"15'-0"15'-0"22'-0"229'-3"94'-0"229'-3"10'-0"9'-6"4'-0"6'-0" 3'-0" 6'-0" 3'-6"8'-0" 11'-6" 3'-0" 3'-0" 1'-6" 2'-6" 5'-0"5'-0" 2'-0" 3'-0" 3'-0" 3'-0" 3'-0" 2'-0" 3'-0" 3'-0"5'-0"5'-0"5'-0"KIT.LIVINGBALCONYM.BDR.BATHR.HALLHALLM.BDR.M.BATHR.LIVINGKIT.BDR.BALCONYM.BDR.M.BATHR.LIVINGKIT.BATHR.BALCONYM.BDR.LIVINGM.BATHR.BATHR.KIT.BALCONYM.BDR.LIVINGM.BATHR.BATHR.KIT.BALCONYM.BDR.BDR.LIVINGDININGKIT.BATHR.M.BATHR.W/DW/DW/DM.BDR.BDR.LIVINGKIT.BATHR.M.BATHR.W/DLIVINGM.BATHR.BATHR.KIT.W/DM.BDR.BALCONYBALCONYBALCONYW/DW/DW/DW/DKIT.BATHR.M.BATHR.M.BDR.LIVINGBALCONYKIT.BATHR.M.BATHR.M.BDR.LIVINGBALCONYBATHR.KIT.LIVINGM.BDR.BALCONYM.BATHR.BATHR.KIT.LIVINGM.BDR.BALCONYM.BATHR.M.BDR.M.BATHR.BATHR.LIVINGKIT.LIVINGBALCONYBALCONYHALLLIVING/DENBATHR.KIT.M.BATHR.M.BDR.LIVINGBALCONYKIT.M.BATHR.M.BDR.LIVINGLIVING/DENW/DBDR.BDR.BDR.BDR.BDR.BDR.BDR.BDR.BATHR.W/DW/DHOUSEKEEPING& LAUNDRY ROOMSEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE 5th FLOOR PLAN NORTH1A-4.0SCALE: 1" = 10'5TH FLOOR PLANJAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018A-4.01 124681112133579101415123457910CC1234579106688DDBBAA12345678151413121110916123456781514131211109161111ELEV.ELEV.14'-0" SETBACK BOARDWALKBOARDWALK14'-0" SETBACK EAST SHORE DRIVE14'-0" SETBACK 14'-0" SETBACK1234567 8910 11 12 13 1415 16FITNESSROOMLOBBYHALLHALL33'-4"94'-5"101'-6"9'-0"17'-9"40'-6"16'-9"10'-0" 56'-0"5'-0"14'-9"30'-0"12'-3"3'-0"19'-9"3'-0"2'-6"9'-9"30'-0"12'-9"10'-0"17'-0"22'-0"42'-10"14'-5"30'-0"15'-0"15'-0"30'-0"15'-0"15'-0"15'-0"15'-0"22'-0"229'-3"94'-0"229'-3"10'-0"9'-6"4'-0"6'-0" 3'-0" 6'-0" 3'-6"8'-0" 11'-6" 3'-0" 3'-0" 1'-6" 2'-6" 5'-0"5'-0" 2'-0" 3'-0" 3'-0" 3'-0" 3'-0" 2'-0" 3'-0" 3'-0"5'-0"5'-0"5'-0"KIT.LIVINGBALCONYM.BDR.BATHR.HALLHALLM.BDR.M.BATHR.LIVINGKIT.BATHR.BDR.BALCONYM.BDR.M.BATHR.LIVINGBATHR.BALCONYM.BDR.LIVINGM.BATHR.BATHR.KIT.BALCONYM.BDR.LIVINGM.BATHR.BATHR.BALCONYM.BDR.BDR.LIVINGDININGKIT.BATHR.M.BATHR.W/DW/DW/DW/DW/DM.BDR.BDR.LIVINGKIT.BATHR.M.BATHR.W/DLIVINGM.BATHR.BATHR.KIT.W/DM.BDR.BALCONYBALCONYBALCONYW/DW/DW/DW/DKIT.BATHR.M.BATHR.M.BDR.LIVINGBALCONYKIT.BATHR.M.BATHR.M.BDR.LIVINGBALCONYBATHR.KIT.LIVINGM.BDR.BALCONYM.BATHR.BATHR.KIT.LIVINGM.BDR.BALCONYM.BATHR.M.BDR.M.BATHR.BATHR.LIVINGKIT.LIVINGBALCONYBALCONYHALLLIVING/DENBATHR.KIT.M.BATHR.M.BDR.LIVINGBALCONYKIT.M.BATHR.M.BDR.LIVINGLIVING/DENW/DKIT.BDR.BDR.BDR.BDR.BDR.BDR.BDR.BDR.KIT.SEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE 6th FLOOR PLAN NORTH1A-5.0SCALE: 1" = 10'6TH FLOOR PLANJAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018A-5.01 1234567815141312111091612345678151413121110916ELEV.ELEV.2.0 ton Units GFIW.P.2.0 ton Units UNIT BUNIT C2.0 ton Units GFIW.P.2.0 ton Units UNIT BUNIT C2.0 ton Units GFIW.P.2.0 ton Units UNIT BUNIT C2.0 ton Units GFIW.P.2.0 ton Units UNIT BUNIT C2.5 ton Units 2.0 ton Units GFIW.P.UNIT AUNIT B2.5 ton Units 2.0 ton Units GFIW.P.UNIT AUNIT B2.5 ton Units 2.0 ton Units GFIW.P.UNIT AUNIT B2.5 ton Units 2.0 ton Units GFIW.P.UNIT AUNIT BSUNDECKCONCRETECANOPY @8'-0" (H)LOBBY74'-6"57'-0"16'-8"12'-1"10'-0"59'-6"20'-9"57'-6"4'-6"37'-0"5'-0"17'-0"4'-6"29'-10"4'-8"5'-0"59'-10"20'-1"59'-9"5'-0"14'-1"27'-0"4'-6"35'-0"5'-0"19'-0"4'-6"10'-0"40'-0" 40'-0" 26'-6"41'-6"45'-3"21'-0"82'-0"SEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE ROOF TOP PLAN NORTH1A-6.0SCALE: 1"=10'ROOF TOP PLANJAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018A-6.01 12345678910111234567891011L.2nd FLOOR+13'-6”L.3rd FLOOR+23'-6"L.4th FLOOR+33'-6"L.5th FLOOR+43'-6"L.Grade (+ 5.5' n.a.v.d)0'-0"L.b.f.e.+11.0' n.a.v.d.L.2'-0" of Freeboard+13.0' n.a.v.d.L.6th FLOOR+53'-6"L.ROOF TOP+63'-6"L.ROOF TOP CANOPY+71'-6"PROPERTY LINE PROPERTY LINE PARKINGENTRYPARKINGEXITFROM B.F.E. + 2'OF FREEBOARD64'-0"7'-6"12'-8"53'-10"2'-0"76'-10" 16'-10"5'-10"10'-0"10'-10"10'-0"9'-2"5'-10"4'-4" 48'-6"0'-10"14'-6"1'-6"12'-8" 10'-8"3'-6"52'-4"2'-0" 68'-6"4'-4" 12'-8" 50'-10"8'-6" CLEARANCE13'-2" CLEARANCE13'-2" 76'-10" 78'-0"FIRST HABITABLEFLOOR FROM B.F.E6'-0"ROOF TOPCANOPY8'-0"CONCRETECANOPY24" (H)PLANTER2'-0"7'-0"ALUM.LOUVERSALUM.LOUVERSALUM.LOUVERSALUM.LOUVERSALUM.LOUVERSALUM.LOUVERS6'-0"2'-0"4'-8"FOUNTAIN7'-0"5'-8"53'-10"6'-4"4'-0"MARINABOARDWALKACCESS24" (H)PLANTERPEDESTRIANACCESSPEDESTRIANACCESSPEDESTRIANACCESSPEDESTRIANACCESS12345678910111234567891011L.Grade (+ 5.5' n.a.v.d)0'-0"L.b.f.e.+11.0' n.a.v.d.L.2'-0" of Freeboard+13.0' n.a.v.d.L.2nd FLOOR+13'-6”L.3rd FLOOR+23'-6"L.4th FLOOR+33'-6"L.5th FLOOR+43'-6"L.6th FLOOR+53'-6"L.ROOF TOP+63'-6"L.ROOF TOP CANOPY+71'-6"MARINABOARDWALKACCESSPROPERTY LINE PROPERTY LINEFROM B.F.E. + 2'OF FREEBOARD64'-0"7'-6"FROM GRADE71'-6"6'-8"10'-10"10'-0"10'-0"10'-0"10'-0"3'-0"3'-6"2'-0"68'-6"66'-6" 12'-5"54'-1"6'-4" 68'-6" 12'-8"60'-2"4'-0" 72'-0"FIRST HABITABLEFLOOR FROM B.F.E6'-0"ROOF TOPCANOPY8'-0"ALUM.LOUVERS3'-0"(H)PLANTERCABANASALUM.PERGOLAALUM.LOUVERALUM.LOUVERALUM.LOUVER24" (H)PLANTER24" (H)PLANTER24" (H)PLANTER24" (H)PLANTER24" (H)PLANTER24" (H)PLANTER24" (H)PLANTER6'-0"LOUVERCLEARANCE8'-0"PEDESTRIANACCESSCLUBROOMACCESSCLUB DECKSEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE ELEVATIONS17.0SCALE: 1"=10'FRONT ELEVATION27.0SCALE: 1"=10'REAR ELEVATIONJAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018A-7.01 DDCCBBAAL.Grade (+ 5.5' n.a.v.d)0'-0"L.b.f.e.+11.0' n.a.v.d.L.2'-0" of Freeboard+13.0' n.a.v.d.L.2nd FLOOR+13'-6”L.3rd FLOOR+23'-6"L.4th FLOOR+33'-6"L.5th FLOOR+43'-6"L.6th FLOOR+53'-6"L.ROOF TOP+63'-6"L.ROOF TOP CANOPY+71'-6"EAST SHOREDRIVEFROM B.F.E. + 2'OF FREEBOARD64'-0"7'-6"FROM GRADE71'-6"5'-8"57'-4"2'-0" 72'-0" 12'-8"53'-10"2'-0"6'-4"2'-0" 1'-2" 78'-0" 12'-5" 72'-2"FIRST HABITABLEFLOOR FROM B.F.E6'-0"ROOF TOPCANOPY8'-0" 7'-0"DUMPSTERALUM.PERGOLAALUM.LOUVERSALUM.LOUVERS7'-0" 7'-0"5'-8"24" (H)PLANTERDRIVEWAYCLUB DECKL.Grade (+ 5.5' n.a.v.d)0'-0"DDCCBBAAL.b.f.e.+11.0' n.a.v.d.L.2'-0" of Freeboard+13.0' n.a.v.d.L.2nd FLOOR+13'-6”L.3rd FLOOR+23'-6"L.4th FLOOR+33'-6"L.5th FLOOR+43'-6"L.6th FLOOR+53'-6"L.ROOF TOP+63'-6"L.ROOF TOP CANOPY+71'-6"EAST SHOREDRIVEFROM B.F.E. + 2'OF FREEBOARD64'-0"7'-6"FROM GRADE71'-6"12'-8"50'-10"5'-0"8'-4"1'-2" 70'-0" 4'-8"56'-10"3'-4" 12'-5"56'-1"4'-4" 68'-6" 8'-0"FIRST HABITABLEFLOOR FROM B.F.E6'-0"ALUM.LOUVERS6'-0" VINYLFENCE8'-0" 6'-0"6'-8"55'-10"8'-4"24" (H)PLANTER24" (H)PLANTERCLUB DECKSEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE ELEVATIONS17.1SCALE: 1"=10'NORTH SIDE ELEVATION27.1SCALE: 1"=10'SOUTH SIDE ELEVATIONJAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018A-7.11 SEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE COLOR ELEVATIONS17.2N.T.S.FRONT ELEVATION27.2N.T.S.REAR ELEVATIONJAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018A-7.21 SEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE COLOR ELEVATIONS17.3N.T.S.NORTH SIDE ELEVATION27.3N.T.S.SOUTH SIDE ELEVATIONJAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018A-7.31 H57H56H55H52H54H53vp2425VP23Hvp34vp42vp40vp38vp36vp26vp28vp30vp3243VP41VP39VP37VP35VP33VP31VP29VP27VP22H2VP4VP6VP8VP10VP12VP14VP16VP20VP1VP3VP5VP7VP9VP11VP13VP15VP17VP19VP18VP21Hvp31vp28vp37vp35vp33vp30vp36vp34vp32vp39vp38vp41vp42vp40H 10 H 9 H 8 vpvpH19H18H17H49H51H50H26H 16 H 15 H 14 H25H24H 1 1 2 3 4 5 7 9 10 CC 1 2 3 4 5 7 9 10 6 6 8 8 DD BB AA 1 2 3 45678 15 14 13 1211109 16 12345678 151413121110916 11 11 ELEV.ELEV.14'-0" SETBACKBOARDWALK BOARDWALK 14'-0" SETBACKEAST SHORE DRIVEPOINSETTIA STREET 14'-0" SETBACK14'-0" SETBACKH 3 H 2 H45H46H48H47H44H43H23H22H21H20H 13 H 12 H 11 H 7 H 6 H 5 H 4 1 2 3 4 5 6 7 8 9 10 11 272912 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 30 29 28 27 26 25 24 23 22 21 20 1 2 3 4 5 6 7 8 9 10 11 12 13 26 25 24 23 22 21 20 19 18 17 16 15 14 27 P H P P P P PPP P P P P H H H H H H H H H H H H H H H H H H H H 1A-8.3 1 A-8.1 1 A-8.2 SEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVENORTHJAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018A-8.011A-8.0SCALE: 1"=20"ENLARGED FLOOR PLANS - KEY PLANENLARGED 1st FLOOR PLAN - KEY PLAN H57H56H55H52H54H53 vp31vp28vp37vp35vp33vp30vp36vp34vp32vp39vp38vp41vp42vp40H10H9H8vpvpH19H18H17H49H51H50H26H16H15H14H25H24H1123457910CC1234579106688DDBBAA12345678151413121110916123456781514131211109161111ELEV.ELEV.14'-0" SETBACK BOARDWALKBOARDWALK14'-0" SETBACK EAST SHORE DRIVE14'-0" SETBACK 14'-0" SETBACKH3H2 H45H46H48H47H44H43H23H22H21H20H13H12H11H7H6H5H412345678910 11 272912 13 14 15 16 1230127PHHHH18'-0"24'-0"1'-6"10'-0"18'-0"1'-6"11'-6"17'-0"27'-0"2'-8"27'-0"1'-6"9'-0"18'-0"3'-0"27'-0"3'-6"27'-0"1'-6"27'-0"3'-6"27'-0"2'-9"27'-0"1'-6"27'-0"1'-6"18'-0"1'-6"18'-0"1'-6"18'-0"24'-10"9'-0"1'-6"18'-0"2'-6"27'-0"21'-0"20'-0"18'-114"20'-0"18'-0"24'-0"18'-0"16'-3"18'-0"24'-0"10'-0"5'-0"42'-6"6'-0"12'-3"30'-0"12'-9"10'-0"23'-0"20'-9"18'-0"5'-0"5'-0"18'-0"24'-0"18'-0" 18'-0"18'-0"27'-0"36'-0" 9'-0"4'-0"81'-0" 9'-0"18'-0"24'-0"18'-0" 20'-0"9'-6"24'-0"34'-0"13'-4"50'-0"17'-0"23'-034"25'-4"18'-0"27'-0"276'-9"R3'-0"R3'-0"R15'-0"ROOFABOVE2nd FLOOR ABOVE2nd FLOORABOVE2nd FLOOR ABOVE2nd FLOOR ABOVE2nd FLOOR ABOVE2nd FLOOR ABOVECONCRETE CANOPY ABOVE16'-4"11'-11"R5'-0"SEA WALLSEA WALLSEA WALLWHEELCHAIR LIFT16'-0"18'-6"81'-10"30'-0"36'-0"9'-6" 14'-11"4'-0"10'-5"25'-6"5'-0"58'-0"22'-0"57'-0"R4'-0"7'-0"5'-0"8'-0"7'-0"11'-6"5'-0"17'-0"2'-6"28'-4"POOLLOBBYPOOLDECKCABANASJAC.UP TOCLUBROOMMARINA BOARDWALK ACCESS STORAGESTORAGECLUB ROOMSTORAGE3'-6" 21'-0"4'-0"5'-0"8'-3"5'-2"8'-3"10'-0"SIDEWALK2'-1"18'-0"29'-0"1'-6"29'-0"1'-6"18'-0"18'-0"13'-0"33'-0"40'-0"4'-0" 41'-23 4"3'-6"R15'-0"R15'-0"R5'-0"R5'-0"5'-0"5'-0"R20'-0"22'-0"81'-7"2'-0"BIKE RACKBIKE RACKBIKE RACK117'-414"30'-5"177'-034"105'-914"27'-1012"189'-612"GROUNDCOVERGROUNDCOVER18'-0"9'-0"12'-0"18'-0"5'-0"9'-0"9'-0"9'-0"9'-0"9'-0"R 1 5 ' - 0 "R15'-0"4'-0"6'-0"16'-6"5'-0"GROUND COVERGROUNDCOVERNO BOATSLIPNO BOATSLIP15'-0"15'-0"15'-0"15'-0"REQUIREDSETBACK14'-0"BUILDINGSETBACK27'-9"REQUIREDSETBACK0'-0"BUILDINGSETBACK5'-334"REQUIREDSETBACK14'-0"BUILDINGSETBACK41'-034"PARKINGSURFACESETBACK5'-034"TRASHRECEP.PLANTERBENCHBENCHBENCHTRASHRECEP.BENCHFOUNTAINTRASHRECEP.BENCHTRASHRECEP.BENCHBENCHTRASHRECEP.BENCHTRASHRECEP.TRASHRECEP.PLANTERBENCHBENCHBENCHBENCHGROUNDCOVERDUMPSTERAREAMARINA BOARDWALK ACCESS 1'-0"10'-0"10'-0"SIDEWALK2'-0"10'-0"SIDEWALK10'-0" 1'-0" 10'-0"CONCRETECROSSWALKCONCRETECROSSWALKCONCRETECROSSWALK6'-0"PARKINGSURFACESETBACK16'-3"EXISTING DOCKTO BE REMOVEDR1 5 ' - 0 "SEA WALLSEA WALLRAMP3'-0"5'-0"3'-0"EXIT ONLYENTRY ONLY8'-4"20'-514"5'-0"5'-6"6'-0"RAMPRAMPALUM. LOUVERALUM. LOUVERALUM. LOUVERALUM. LOUVERPERGOLA &LOUVERPERGOLA &LOUVERPERGOLA &LOUVERPERGOLA &LOUVERPLANTER6'-0" VINYLFENCEHANGINGALUM.LOUVERHANGINGALUM.LOUVERHANGINGALUM.LOUVERHANGINGALUM.LOUVERSEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE ENLARGED 1st FLOOR PLAN (BUILDING)NORTH1A-8.1SCALE: 1"=10'ENLARGED 1st FLOOR PLAN (BUILDING)JAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018A-8.111 1 2 3BOARDWALK 12345 6 7 8 9 10 11 12 13 14 15 16 17 18 19 30292827 26 25 24 23 22 21 20 1234 5 6 7 8 9 10 11 12 13 262524 23 22 21 20 19 18 17 16 15 14 27 PHP P P P PPP P P P P HH H H H H H H H H H H HHH H HHH H 13'-4"50'-0"SEA WALL SEA WALL16'-0"18'-6"81'-10"30'-0"R4'-0"8'-0"CLEARWATERHARBOR MARINA 76'-0"42'-8"262'-214"20'-0"20'-0"4'-0"30'-6"31'-0"4'-0"31'-0"35'-0"4'-0"15'-6"40'-0"40'-0"61'-6"6'-0"31'-0" 40'-0" 13'-0"33'-0"40'-0"4'-0"41'-234"20'-0"7'-0"17'-6"20'-0"20'-0"20'-0"20'-0"20'-0"20'-0"20'-0"20'-0"20'-0"40'-0" 4'-0"16'-0"4'-0"33'-0"4'-0" 117'-414"30'-5"105'-914"27'-1012"4'-0"30'-0"6'-0"4'-0"4'-0"6'-0"16'-6"5'-0"33'-6"4'-0" GROUND COVER NO BOATSLIPNO BOATSLIP15'-0"15'-0"15'-0"PLANTER BENCHBENCH EXISTING DOCKTO BE REMOVED 00 P H Indicates Boat Slip number Public Boat Slip......... Hotel Boat Slip......... 22 Boat Slip 35 Boat Slip Total 57 Boat Slip Provided: Required: 1 vehicular prkg. sp. per 2 Public boat slips MARINA BOAT SLIPS & PARKING Marina vehicular prkg. sp. ..11 Parkg. Spaces SEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE ENLARGED 1st FLOOR PLAN (MARINA)NORTH1A-8.2SCALE: 1"=10'ENLARGED 1st FLOOR PLAN (MARINA)JAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018A-8.211 vp2425VP23Hvp34vp42vp40vp38vp36vp26vp28vp30vp3243VP41VP39VP37VP35VP33VP31VP29VP27VP22H2VP4VP6VP8VP10VP12VP14VP16VP20VP1VP3VP5VP7VP9VP11VP13VP15VP17VP19VP18VP21H2 3 4 5 7 6 8 1 2 3 4 5 6 7 8 15 14 13 12 11 10 9 16 ELEV. ELEV. EAST SHORE D R I V E POINSETTIA STREET 18'-114"20'-0"10'-0"5'-0"42'-6"6'-0"12'-3"30'-0"20'-9"18'-0"5'-0"5'-0"18'-0"9'-0"4'-0"R3'-0" R3'-0" ROOF ABOVE CONCRETE CANOPY ABOVE 16'-4"11'-11"R5'-0"5'-0"115'-9"100'-0"115'-9"LOBBY STORAGESTORAGE 100'-0" 3'-6"R15'-0"R1 5 ' - 0 "R5'-0"R5' -0 " 5'-0"5'-0"R20'-0" 16'-0"18'-0"24'-0" 16'-0"15'-4"5'-012" 5'-0"9'-0"9'-0"18'-0"9'-0"99'-0"11'-012"13'-4"18'-0" 31'-4" 5'-012" 2'-0" BIKE RACK BIKE RACK9'-0"16'-0"9'-0"18'-0"9'-0"16'-0"2'-634"5'-734"GROUND COVER GROUND COVER 24'-0"38'-1134" GROUND COVER REQUIRED SETBACK 5'-0" PROPOSED SETBACK 5'-012" REQUIREDSETBACK5'-0" REQUIRED & PROPOSED SETBACK 5'-0" REQUIRED& PROPOSEDSETBACK5'-0"18'-0"16'-0"8'-6"BENCH TRASH RECEP. FOUNTAIN GROUND COVER 10'-0" SIDEWALK 1'-0"10'-0"CONCRETE CROSSWALK 10'-0" SIDEWALK 10'-0" SIDEWALK CONCRETE CROSSWALK CONCRETE CROSSWALK 6'-0"1'-0"10'-0"1'-0"10'-0"R15 '-0 "R15'-0"18'-0" PROPOSED SETBACK 5'-0" 10'-0"SIDEWALK1'-0"10'-0"RAMP 3'-0"5'-0" 3'-0" ENTRY ONLY 5'-0"6'-0" RAMP RAMP HANGING ALUM. LOUVER HANGING ALUM. LOUVER HANGING ALUM. LOUVER VEHICULAR USE AREAINTERIOR LANDSCAPE AREAVEHICULAR LANDSCAPE BUFFER AREATOTAL9,275.21 S.F.1,696.48 S.F.527.53 S.F.11,499.22 S.F.00H00VP00HREGULAR PARKING SPACEFOR VALET PARKING USEREGULAR PARKING SPACEHANDICAP PARKING SPACEPARKING LEGENDSEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE ENLARGED 1st FLOOR PLAN (PARKING LOT)NORTH1A-8.3SCALE: 1"=10'ENLARGED 1st FLOOR PLAN (PARKING ACROSS STREET)JAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018A-8.32A-8.3SCALE: 1"=20'SURFACE PARKING LOT AREAS11 12345678KIT.LIVINGBALCONYM.BDR.BATHR.HALLLIVING11'-3"5'-6"3'-4"5'-0"14'-0"2'-6"4'-5"4'-0"32'-9"5'-0"14'-3"12'-0"8'-0"6'-3"4'-0"7'-7"14'-3"12'-5"12'-0"5'-0"5'-0"3'-10"8'-0"6'-2"6'-0"4'-4"5'-10"5'-0"6'-11"5'-0"11'-10"8'-11"5'-0"4'-0"8'-0"0'-6"11'-1"11'-1"3'-8"6'-7"6'-11"LIVING/DENM.BDR.M.BATHR.LIVINGKIT.BATHR.BDR.BALCONYW/D12'-10"5'-0"1'-10"9'-2" 11'-0"2'-0"3'-5"3'-5" 2'-0"8'-4"3'-0"10'-11" 5'-0"3'-0" 2'-0"15'-7"8'-0"4'-10"5'-2"11'-3"5'-0"2'-6"4'-4"10'-10"3'-10"14'-0"13'-1"2'-0"1'-0"12'-0"1'-0"4'-0"6'-0"3'-11"1'-9"14'-9"14'-9"13'-0"4'-7"2'-6"1'-0"15'-1"11'-0" 4'-7"4'-10"2'-0"M.BDR.LIVINGM.BATHR.BDR.BATHR.KIT.BALCONYW/D12'-10"5'-0"1'-10"9'-2" 2'-0"3'-5"4'-7" 2'-0"8'-4"3'-0"10'-11" 5'-0"3'-0" 2'-0"15'-7"8'-0"5'-0"11'-3"5'-2"4'-4"10'-10"3'-10"14'-0"13'-1"2'-0"1'-0"12'-0"1'-0"4'-0"6'-0"3'-11"1'-9"14'-9"14'-9"13'-0"4'-7"2'-6"1'-0"1'-0"15'-1"11'-0"4'-10"3'-5"2'-6"151413121110916M.BDR.BDR.LIVINGDININGKIT.BATHR.M.BATHR.W/DBALCONY17'-0"22'-0"4'-4"6'-0"11'-8"1'-6"15'-6"3'-6"12'-0"1'-11"6'-11"13'-0"1'-0"17'-5"3'-0"3'-11"9'-0"4'-0"10'-1"0'-5"3'-0"6'-10"5'-5"8'-7"4'-5"9'-10"5'-0"2'-0"11'-0"2'-0"10'-10" 4'-0" 0'-5" 8'-5" 13'-8" 3'-4"2'-11"2'-8"4'-9" 9'-5"4'-3"3'-8"8'-9" 3'-0"11'-1"5'-0"2'-6"3'-4"2'-0"5'-0" 8'-0"8'-8"9'-0" 22'-5"5'-0"1'-2"M.BDR.BDR.LIVINGKIT.BATHR.M.BATHR.W/DBALCONY15'-0"22'-0"4'-4"6'-0"11'-8"1'-6"13'-6"1'-3"12'-0"1'-11"6'-11"13'-0"15'-2"3'-0"3'-11"9'-0"4'-0"7'-3"3'-0"6'-10"5'-5"8'-7"4'-5"9'-10"5'-0"2'-0"11'-0"2'-0"10'-10" 4'-0"8'-5" 13'-8" 3'-0"10'-8" 9'-11"3'-9"3'-8"8'-9" 3'-0"11'-1"5'-0"2'-6"3'-4"2'-0"5'-0" 8'-0"8'-8"9'-10" 1'-2"5'-0"22'-5"1246812133579101415C1112345678M.BDR.LIVINGM.BATHR.BDR.BATHR.KIT.BALCONYW/D1'-0"1'-0"12'-10"4'-2"3'-3"8'-7"11'-0"3'-5"3'-5"2'-0"8'-4"3'-0"10'-11"5'-0"3'-0"2'-0"15'-7"8'-0"5'-0"11'-3"5'-2"6'-10"9'-8"3'-5"14'-0"11'-1"2'-0"1'-0"12'-0"1'-0"2'-0"6'-0"3'-11"14'-9"14'-9"14'-9"4'-7"2'-6"13'-1"4'-10"4'-7"2'-0" SEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE1A-9.0SCALE: 1/4" = 1'-0”TYPICAL UNIT #1 (2nd thru 6th Floor)2A-9.0SCALE: 1/4" = 1'-0”TYPICAL UNIT #2&3 (2nd thru 6th Floor)3A-9.0SCALE: 1/4" = 1'-0”TYPICAL UNIT #4 (2nd thru 6th Floor)5A-9.0SCALE: 1/4" = 1'-0”TYPICAL UNIT #6 (2nd thru 6th Floor)6A-9.0SCALE: 1/4" = 1'-0”TYPICAL UNIT #7 (2nd thru 6th Floor)KEY PLANJAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018A-9.04A-9.0SCALE: 1/4" = 1'-0”TYPICAL UNIT #5 (2nd thru 6th Floor)1 ENLARGED UNITS FLOOR PLANS W/DKIT.BATHR.DENM.BATHR.M.BDR.LIVINGBALCONY1'-3"1'-0"1'-0"12'-10"5'-0"1'-10"9'-2" 2'-0"3'-5"3'-5" 2'-0"8'-4"3'-0"10'-11"5'-0"3'-0" 2'-0"15'-7"8'-0"6'-10"5'-0"11'-3"5'-2"4'-4"10'-10"3'-10"14'-0"13'-1"2'-0"1'-0"12'-0"1'-0"3'-5"6'-0"3'-11"1'-9"15'-0"14'-9"13'-0"4'-7"2'-6"15'-1"4'-10"4'-7"11'-0"2'-6"W/DBDR.BATHR.KIT.LIVINGM.BDR.BALCONYM.BATHR.12'-10"5'-0"1'-10"9'-2" 2'-0"3'-5"3'-5" 2'-0"8'-4"3'-0"10'-11"5'-0"3'-0" 2'-0"15'-7"8'-0"2'-0"4'-11"5'-2"11'-3"5'-0"4'-4"10'-10"3'-10"14'-0"13'-1"2'-0"1'-0"12'-0"1'-0"4'-0"6'-0"3'-11"1'-9"14'-5"14'-9"13'-0"4'-7"2'-6"15'-1"11'-0"4'-10"4'-7"2'-6"1246812133579101415C11M.BDR.M.BATHR.BATHR.LIVINGKIT.LIVINGBALCONYHALLBATHR.LIVING6'-11"5'-0"8'-0" 19'-11" 3'-0"7'-10"3'-0"6'-1" 2'-0"5'-0"2'-7"6'-6" 7'-0"5'-0"11'-1"6'-0" 5'-5"6'-8"4'-5"4'-5"6'-0"12'-10"8'-0"6'-7"5'-0"10'-0"16'-9"15'-9"2'-6"3'-0"2'-0"14'-10"8'-0"5'-0"31'-2"3'-4"8'-9"10'-6"2'-0"23'-3"12'-6"42'-10"6'-0"0'-6" 7'-9" 5'-0" 5'-0" 7'-4"9'-0"21'-3"W/D123456712345678910111213141516BATHR.OFFICECLUB ROOMKIT.BALCONY2'-0"15'-7"8'-0"2'-0"4'-11"4'-4"1'-0"4'-7"2'-6"14'-0"7'-11"7'-7"4'-6"9'-6"1'-4"6'-7"13'-11"6'-7"7'-8"12'-6"2'-0"30'-0"TIKI BAR11'-2"7'-6"17'-11"13'-2"4'-6"5'-0"22'-7"10'-8"6'-6"12'-6"16'-7"29'-6"21'-3"7'-1"8'-0"4'-10"90.00°8'-5"0'-9"6'-2"0'-8"1'-0"4'-0"8'-4"17'-8"0'-6"0'-6"7'-6"4'-0"5'-1"2'-0"3'-0"1'-7"4'-0"DN. TOPOOLDECK2'-0"2'-6"8LIVINGM.BATHR.BDR.BATHR.KIT.W/DM.BDR.BALCONY2'-0"4'-10"11'-3"5'-0"4'-4"18'-3"10'-10"14'-0"2'-0"12'-6"1'-3"12'-0"1'-9"13'-4"15'-0"4'-6"6'-0"4'-6"3'-0"5'-0" 15'-7"2'-6" 3'-0"10'-11"5'-0"3'-0"5'-2"8'-4" 4'-7"2'-0" 11'-0"3'-5"2'-0"3'-5"4'-10"4'-7"3'-0" 9'-2"1'-10"5'-0"12'-10"15'-0"15'-0"2'-6"2'-0" SEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE ENLARGED UNITS FLOOR PLANS KEY PLAN2A-9.1SCALE: 1/4" = 1'-0”TYPICAL UNIT #9&10 (2nd thru 6th Floor)4A-9.1SCALE: 1/4" = 1'-0”TYPICAL UNIT #11 & 12 (2nd thru 6th Floor)5A-9.1SCALE: 1/4" = 1'-0”TYPICAL UNIT #13 (2nd thru 6th Floor)3A-9.1SCALE: 1/4" = 1'-0”(11) CLUB ROOM (2nd Floor)JAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018A-9.11A-9.1SCALE: 1/4" = 1'-0”TYPICAL UNIT #8 (2nd thru 6th Floor)1NOTE:ON THE 2nd FLOOR UNIT# 11 IS REPLACED BY THECLUB ROOM). BALCONYLIVING/DENBATHR.KIT.M.BATHR.M.BDR.LIVING31'-2"5'-0"11'-10"2'-0"7'-0"9'-0"11'-10"9'-5"5'-0"5'-0"13'-5"2'-10"3'-0"2'-0"4'-7"4'-5"19'-6"3'-3"4'-0"3'-9"8'-0"0'-6"4'-0"4'-5"11'-1"8'-0"3'-4"7'-9"11'-9"2'-4"5'-0"5'-0"2'-0"12'-1"7'-4"9'-0"21'-3"5'-0"11'-10"2'-0"7'-0"9'-0"4'-0"1246812133579101415C11BALCONYKIT.M.BATHR.M.BDR.LIVING5'-0"11'-10"2'-0"7'-0"9'-0"5'-0"11'-10"2'-0"7'-0"9'-0"11'-10"9'-5"6'-0"5'-0"11'-10"8'-11"5'-0"4'-0"19'-6" 3'-3"4'-0"3'-9"8'-0" 0'-6" 4'-0"4'-5"11'-1" 8'-0"11'-1" 4'-9"3'-8"6'-7" 12'-7" 6'-11"LIVING/DEN3'-0"2'-10"5'-0" SEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE KEY PLAN1A-9.2SCALE: 1/4" = 1'-0”TYPICAL UNIT #14 (2nd thru 6th Floor)JAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018A-9.22A-9.2SCALE: 1/4" = 1'-0”TYPICAL UNIT #15 (2nd thru 6th Floor)1 ENLARGED UNITS FLOOR PLANS BUILDING FOOTPRINTLANSCAPE AREASWALKING AREASPARKING & VEHICULAR AREASWIMMING POOL & FOUNTAINMARINA BOARDWALKLEGEND:VEHICULAREXITVEHICULARENTRYMARINABOARDWALKACCESSPEDESTRIANACCESSPEDESTRIANACCESSPEDESTRIANACCESSSTAIRSVEHICULARDROP-OFF &PICK-UP ZONEEAST SHORE DRIVEPOINSETTIA AVENUECLEARWATERHARBORVEHICULARACCESSVEHICULARACCESS & EXITAMENITIESFOUNTAINDUMPSTERAREASTAIRSELEVATORSBICYCLE PARKINGBICYCLEPARKINGLOBBY10'-0"SIDEWALK10'-0"SIDEWALK10'-0"SIDEWALK10'-0"SIDEWALK10'-0"SIDEWALK10'-0"SIDEWALK10'-0"SIDEWALKBUILDING FOOTPRINTLEGEND:PARKING & VEHICULAR AREABOARDWALKBOARDWALKMARINA BOARDWALK ACCESS POOLPOOL DECKPOOL DECKEAST SHORE DRIVEPOINSETTIA AVENUECLEARWATERHARBORREQUIREDSETBACK14'-0"REQUIREDSETBACK14'-0"PROPOSEDBUILDINGSETBACK41'-034"PROPOSEDBUILDINGSETBACK27'-9"PROPOSEDBUILDINGSETBACK5'-334"15'-0"15'-0"15'-0"PARKINGSURFACESETBACK5'-34"PARKINGSURFACESETBACK16'-3"PARKINGSURFACESETABACK5'-214"REQUIREDSETBACK5'-0"REQUIREDSETBACK5'-0"REQUIREDSETBACK5'-0"REQUIREDSETBACK5'-0"NORTH1A-1.0SCALE: 1"=20"CONCEPTUAL SITE PLAN2A-1.0SCALE: 1"=20"BUILDING SETBACKSNORTHSEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE CONCEPTUAL SITE PLANJAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018DAA-1.01 SEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE BUILDING MASSING STUDYJAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018DAA-2.01 SEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE BUILDING MASSING STUDYJAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018DAA-2.11 SEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE BUILDING MASSING STUDYJAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018DAA-2.21 SEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE BUILDING MASSING STUDYJAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018DAA-2.31 SEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE RENDERINGMARINA BOARDWALK ACCESSCLEARWATER HARBOR ELEVATIONSWIMMING POOL AREAFRONT ELEVATION (EAST SHORE DR)JAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018DAA-2.41 Resolution No. 20-41 RESOLUTION NO. 20-41 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA AMENDING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CLEARWATER AND 411 ES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City and the Developer are parties to that certain Hotel Density Reserve Development Agreement (the “Agreement”) dated July 22, 2019, and the Agreement is attached as Exhibit “1;” and WHEREAS, the City and the Developer desire to extend the deadline by which time site plan approval must be obtained as otherwise required by the Agreement; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The First Amendment to the Hotel Density Development Agreement between the City of Clearwater and East Shore International Enterprises, LLC and 411ES, LLC, a copy of which is attached as Exhibit “2” is hereby approved. Section 2. This resolution shall take effect immediately upon adoption. Section 3. The City Clerk is directed to submit a recorded copy of the Amended Development Agreement to the state land planning agency no later than fourteen (14) days after the Development Agreement is recorded. PASSED AND ADOPTED this _______ day of _____________, 2020. ____________________________ Frank Hibbard Mayor Approved as to form: Attest: __________________________ _____________________________ Michael P. Fuino Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9410-20 2nd rdg Agenda Date: 10/1/2020 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Adopt Ordinance 9410-20 on second reading, amending the Operating Budget for the Fiscal Year ending September 30, 2020 to reflect increases and decreases in revenues and expenditures for the General Fund, Special Development Fund, Special Program Fund, Water and Sewer Fund, Gas Fund and Airpark Fund. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/1/2020 Ordinance #9410-20 ORDINANCE NO. 9410-20 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE OPERATING BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2020 TO REFLECT INCREASES AND DECREASES IN REVENUES AND EXPENDITURES FOR THE GENERAL FUND, SPECIAL DEVELOPMENT FUND, SPECIAL PROGRAM FUND, WATER AND SEWER FUND, GAS FUND, AND AIRPARK FUND AS PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the budget for the fiscal year ending September 30, 2020, for operating purposes, including debt service, was adopted by Ordinance No. 9323-19; and WHEREAS, at the third quarter review it was found that a decrease of $358,379 is necessary for revenues and a decrease of $1,238,558 is necessary for expenditures; and WHEREAS, a summary of the amended revenues and expenditures is attached hereto and marked Exhibit A; and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to provide for the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen circumstances or emergencies arising during the fiscal year; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 1 of Ordinance No. 9323-19 is amended to read: Pursuant to the Amended City Manager's Annual Report and Estimate for the fiscal year beginning October 1, 2019 and ending September 30, 2020 a copy, of which is on file with the City Clerk, the City Council hereby adopts an amended budget for the operation of the City, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _________________________ PASSED ON SECOND AND FINAL _________________________ READING AND ADOPTED _______________________________ Frank Hibbard, Mayor Approved as to form: Attest: _______________________________ ________________________________ Pamela K. Akin, City Attorney Rosemarie Call, City Clerk EXHIBIT A 2019-20 BUDGET REVENUE First Third Quarter Mid Year Quarter Budgeted Amended Amended Amended Revenues Budget Budget Budget Budget 2019/20 2019/20 2019/20 2019/20 Amendment General Fund: Ad Valorem Taxes 64,911,420 64,911,420 64,911,420 65,233,560 322,140 Utility Taxes 15,575,000 15,575,000 15,575,000 16,525,000 950,000 Local Option, Fuel & Other Taxes 6,614,400 6,614,400 6,614,400 6,414,400 (200,000) Franchise Fees 10,010,000 10,010,000 10,010,000 10,060,000 50,000 Other Permits & Fees 2,739,000 2,739,000 2,739,000 2,969,000 230,000 Intergovernmental Revenues 23,499,780 23,499,780 23,499,780 22,013,853 (1,485,927) Charges for Services 15,569,430 15,569,430 15,569,430 14,154,430 (1,415,000) Judgments, Fines & Forfeitures 1,264,000 1,264,000 1,264,000 1,424,000 160,000 Miscellaneous Revenues 2,748,000 2,779,819 4,708,482 4,797,252 88,770 Transfers In 11,330,850 11,427,033 11,427,033 12,954,362 1,527,329 Other Financing Sources - - - - - Transfer (to) from Reserves (2,268,680) (2,268,680) (695,777) (1,895,604) (1,199,827) Total, General Fund 151,993,200 152,121,202 155,622,768 154,650,253 (972,515) Special Revenue Funds: Special Development Fund 19,283,690 19,283,690 19,283,690 20,423,869 1,140,179 Special Program Fund 1,295,880 4,023,502 10,058,301 10,888,081 829,781 Local Housing Asst Trust Fund 645,980 645,980 645,980 645,980 - Utility & Other Enterprise Funds: Water & Sewer Fund 100,907,140 100,907,140 100,907,140 100,908,316 1,176 Stormwater Utility Fund 22,821,340 22,821,652 22,821,964 22,821,964 - Solid Waste & Recycling Fund 26,920,400 27,280,342 27,280,342 27,280,342 - Gas Fund 47,762,130 47,762,130 49,146,750 47,789,750 (1,357,000) Airpark Fund 342,680 342,680 342,680 342,680 - Marine Fund 5,164,400 5,164,400 5,164,400 5,164,400 - Clearwater Harbor Marina 885,820 885,820 885,820 885,820 - Parking Fund 6,936,140 6,936,307 6,936,474 6,936,474 - Internal Service Funds: Administrative Services Fund 12,996,930 12,997,139 12,997,139 12,997,139 - General Services Fund 6,235,250 6,235,456 6,235,456 6,235,456 - Garage Fund 20,788,800 20,789,022 20,789,022 20,789,022 - Central Insurance Fund 26,209,300 26,209,300 26,209,300 26,209,300 - Total, All Funds 451,189,080 454,405,762 465,327,226 464,968,846 (358,379) Ordinance #9410-20 EXHIBIT A (Continued) 2019-20 BUDGET EXPENDITURES First Third Quarter Mid Year Quarter Original Amended Amended Amended Budget Budget Budget Budget Budget 2019/20 2019/20 2019/20 2019/20 Amendment General Fund: City Council 391,040 391,040 391,040 391,040 - City Manager's Office 1,212,580 1,212,631 1,212,631 1,212,631 - City Attorney's Office 1,770,760 1,770,829 1,770,829 1,770,829 - City Auditor's Office 226,000 226,012 226,012 226,012 - CRA Administration 459,530 459,557 459,557 459,557 - Economic Development & Housing Svc 1,907,560 1,907,626 1,907,626 1,907,626 - Engineering 8,330,520 8,330,862 8,331,204 8,331,204 - Finance 2,747,190 2,747,367 2,747,367 2,747,367 - Fire 28,532,540 28,532,540 28,533,764 28,442,216 (91,548) Human Resources 1,575,860 1,575,860 1,575,860 1,575,860 - Library 7,871,950 7,871,950 7,871,950 7,871,950 - Non-Departmental 10,948,640 11,075,832 14,575,832 14,876,689 300,857 Official Records & Legislative Svcs 1,224,070 1,224,070 1,224,070 1,224,070 - Parks & Recreation 31,807,990 31,807,990 31,807,990 30,362,990 (1,445,000) Planning & Development 6,571,820 6,571,820 6,571,820 6,571,820 - Police 44,832,880 44,832,880 44,832,880 45,096,056 263,176 Public Communications 1,192,620 1,192,686 1,192,686 1,192,686 - Public Utilities 389,650 389,650 389,650 389,650 - Total, General Fund 151,993,200 152,121,202 155,622,768 154,650,253 (972,515) Special Revenue Funds: Special Development Fund 18,634,660 18,634,660 18,634,660 18,634,660 - Special Program Fund 1,195,880 3,923,502 9,958,301 10,788,081 829,781 Local Housing Asst Trust Fund 645,980 645,980 645,980 645,980 - Utility & Other Enterprise Funds: Water & Sewer Fund 100,907,140 100,907,140 100,907,140 100,908,316 1,176 Stormwater Utility Fund 22,821,340 22,821,652 22,821,964 22,821,964 - Solid Waste & Recycling Fund 26,439,080 27,280,342 27,280,342 27,280,342 - Gas Fund 46,922,560 46,922,560 48,236,939 47,129,939 (1,107,000) Airpark Fund 280,690 284,583 290,987 300,987 10,000 Marine Fund 5,058,860 5,058,860 5,058,860 5,058,860 - Clearwater Harbor Marina 821,500 821,500 821,500 821,500 - Parking Fund 6,044,620 6,234,912 6,235,079 6,235,079 - Internal Service Funds: Administrative Services Fund 12,765,760 12,765,969 12,765,969 12,765,969 - General Services Fund 6,155,950 6,156,156 6,156,156 6,156,156 - Garage Fund 20,788,800 20,789,022 20,789,022 20,789,022 - Central Insurance Fund 25,590,100 25,590,100 25,590,100 25,590,100 - Total, All Funds 447,066,120 450,958,140 461,815,767 460,577,208 (1,238,558) Ordinance #9410-20 Third quarter Budget Review Fiscal Year 2019-20 City Manager's Transmittal Memorandum TO: Mayor and City Council FROM: Bill Horne, City Manager COPIES: Micah Maxwell, Assistant City Manager Michael Delk, Assistant City Manager Department Directors SUBJECT: Third quarter budget review - amended City Manager's annual budget report DATE: September 3, 2020 Attached is the third quarter budget review in accordance with the City Code of Ordinances. The report is based on nine months of activity (October 2019 through June 2020) in this fiscal year; and comments on major variances, as well as documents all proposed amendments. Significant Fund amendments are outlined below: General Fund General Fund revenue and expenditure amendments reflect a net decrease of $972,515. The General Fund expenditure increase at third quarter includes the Council approved appropriation of General Fund reserves of $170,857 to fund the Police Body Worn Camera program, and $130,000 to fund the Hilltop agreement in the Miscellaneous Parks Contracts project. Other amendments include a net decrease of $9,563 to Police and Fire supplemental pension to bring the budget in line with actual revenues and expenditures; an increase of $34,560 to overtime in the Fire Department offset by reimbursement revenues from Pinellas County; a net decrease of $1,445,000 to Parks and Recreation expenditures to offset losses in revenues; and an increase of $146,631 in the Police Department for expenditures related to Coronavirus response offset by revenues recognizing grant funding from the US Department of Justice. In addition, various revenues are amended at third quarter which will bring the budget in line with anticipated receipts for the year. Adjusted for the net decrease in expenditures noted above, this results in a surplus of $1,199,827 returned to General Fund reserves at third quarter. This works to restore a portion of the contribution to reserves that was planned in the fiscal year 2019/20 budget, estimating a total transfer of $1,897,170 to reserves for the year. General Fund Reserves – In order to ensure adequate reserves, the City Council’s policy reflects that General Fund unappropriated fund reserves of 8.5% of the City’s budgeted General Fund expenditures must be maintained as a reserve to guard against future emergencies. Third quarter Budget Review Fiscal Year 2019-20 City Manager's Transmittal With the closing of the year-end 2019 books, estimated General Fund reserves at third quarter are approximately $39.1 million, or 25.8% of preliminary fiscal year 2020/21 General Fund budget, exceeding our minimum reserve requirement by $26.3 million. Significant amendments to other city operating funds are noted as follows. Gas Fund Third quarter amendments to Gas Fund expenditures reflect a net decrease of $1,107,000. Significant amendments include a net increase of $223,860 in personnel costs; a net decrease of $1,370,770 in operating expenditures primarily due to decreases to inventory/fuel purchases; and a net increase of $39,910 to internal service costs. Expenditure amendments are offset by amendments to Gas Fund revenues. Airpark Fund Airpark Fund expenditures are increased by $10,000 at third quarter representing transfers of $5,000 to the Airpark Replacement of Hangar C project and $5,000 to the FDOT Security Guard Building. This expenditure increase is offset by revenues budgeted in the Airpark Fund. Capital Improvement Program Third quarter amendments to the capital improvement program reflect a net decrease of $1,421,666. Amendments previously approved by Council include an increase of $250,000 in Gas Fund revenues in the Gas Main Extensions project; and increase of $130,000 of General Fund revenues in the Miscellaneous Parks Contracts project; and an increase of $35,000 in surplus sale revenues in the Aerial Truck project. Project activity not previously approved by the Council is summarized on page 20. Significant amendments include an increase of $143,781 of Pinellas County fire reimbursement revenue in the Aerial Truck project; an increase of $37,930 in reimbursement revenues from FDOT in the Traffic Signals project; an increase of $35,227 of insurance proceeds in the Garage-Off Cycle Replacement project; increases of Airpark Fund revenues of $5,000 in the Replacement of Hangar C project and $5,000 in the Airpark FDOT Security Building project; a budget decrease of $363,602 in grant revenues in the Bicycle Paths/Bridges project; and a decrease of $1,700,000 of lease purchase revenue in the P25 Radio Equipment & Infrastructure Project. Special Program Fund The Special Program Fund reflects a net budget increase of $829,781 at third quarter. Significant amendments include the transfer of $170,857 of General Fund revenues for the Police Body Worn Camera program; $82,749 in FEMA reimbursements for hurricane Irma; $50,000 in revenue from the DDB in support of the Back-to-Business Grant Program; $39,500 in donation revenues to support Police and Library programs; $6,700 in foreclosure registry fees collected; $25,000 in revenues received for special events; $252,333 in fines and court proceeds for public safety programs, the lien foreclosure program, and the tree replacement program; and $202,642 in contractual service revenue for police extra duty. CITY OF CLEARWATER THIRD QUARTER SUMMARY 2019/20 FY 19/20 Third Variance % Adopted Quarter Third Qtr.YTD Actual vs.YTD vs.Third Qtr.Amended Description Budget Amended Actual Amend Budget Budget Adjustment Budget General Fund: Revenues 151,993,200 155,622,768 130,250,015 25,372,753 84%(972,515) 154,650,253 Expenditures 151,993,200 155,622,768 115,823,098 39,799,671 74%(972,515) 154,650,253 Utility Funds: Water & Sewer Fund Revenues 100,907,140 100,907,140 75,706,577 25,200,563 75%1,176 100,908,316 Expenditures 100,907,140 100,907,140 82,105,685 18,801,455 81%1,176 100,908,316 Stormwater Fund Revenues 22,821,340 22,821,964 13,632,686 9,189,278 60%- 22,821,964 Expenditures 22,821,340 22,821,964 18,628,093 4,193,871 82%- 22,821,964 Gas Fund Revenues 47,762,130 49,146,750 34,863,617 14,283,133 71%(1,357,000) 47,789,750 Expenditures 46,922,560 48,236,939 33,409,276 14,827,663 69%(1,107,000) 47,129,939 Solid Waste and Recycling Fund Revenues 26,920,400 27,280,342 21,706,707 5,573,635 80%- 27,280,342 Expenditures 26,439,080 27,280,342 19,059,389 8,220,953 70%- 27,280,342 Enterprise Funds: Marine Fund Revenues 5,164,400 5,164,400 3,582,475 1,581,925 69%- 5,164,400 Expenditures 5,058,860 5,058,860 3,157,367 1,901,493 62%- 5,058,860 Airpark Fund Revenues 342,680 342,680 260,328 82,352 76%- 342,680 Expenditures 280,690 290,987 202,675 88,311 70%10,000 300,987 Clearwater Harbor Marina Fund Revenues 885,820 885,820 691,222 194,598 78%- 885,820 Expenditures 821,500 821,500 608,211 213,289 74%- 821,500 Parking Fund Revenues 6,936,140 6,936,474 5,661,373 1,275,101 82%- 6,936,474 Expenditures 6,044,620 6,235,079 4,147,924 2,087,156 67%- 6,235,079 Internal Service Funds: General Services Fund Revenues 6,235,250 6,235,456 4,816,442 1,419,014 77%- 6,235,456 Expenditures 6,155,950 6,156,156 4,117,277 2,038,879 67%- 6,156,156 Administrative Services Revenues 12,996,930 12,997,139 9,582,724 3,414,415 74%- 12,997,139 Expenditures 12,765,760 12,765,969 8,860,494 3,905,475 69%- 12,765,969 Garage Fund Revenues 20,788,800 20,789,022 14,299,616 6,489,406 69%- 20,789,022 Expenditures 20,788,800 20,789,022 12,676,453 8,112,569 61%- 20,789,022 Central Insurance Fund Revenues 26,209,300 26,209,300 20,994,260 5,215,040 80%- 26,209,300 Expenditures 25,590,100 25,590,100 19,872,683 5,717,417 78%- 25,590,100 1 THIRD QUARTER REVIEW AMENDED CITY MANAGER'S FISCAL YEAR 2019-20 REPORT PAGE # General Fund Operating Budget ..................................................................................................... 3 Utility Funds Operating Budget ...................................................................................................... 7 Other Enterprise Funds Operating Budgets ................................................................................. 12 Internal Service Funds Operating Budgets ................................................................................... 16 Capital Improvement Program Budget ........................................................................................ 20 Special Program Fund Budget ....................................................................................................... 29 Special Development Fund ........................................................................................................... 35 Administrative Change Orders ...................................................................................................... 38 Ordinances ..................................................................................................................................... 39 The amended 2019/20 operating budget, presented by operating fund and/or department, is submitted for the City Council review. The actual and projected data contained in this review represents nine months, October 1, 2019 through June 30, 2020. The adjustments, however, represent all data available at the time of the report, including action taken by the City Council after June 30, 2020. Definitions associated with the operating funds information is presented as follows: Definitions: Adopted Budget The budget as adopted by the City Council on September 19, 2019. Variance YTD Actual vs. Adopted Budget Difference between adopted budget and year to date actual. % YTD vs. Budget Percentage of adopted budget expended, year to date. Proposed Amendments Adjustments that have been approved by the City Council, made at the Manager’s discretion, and/or adjustments proposed based on the third quarter review. Amended Budget Adding the Original Budget and Adjustments. 2 Capital Improvement Program The amended 2019/20 Capital Improvement Projects budget report is submitted for the City Council review. This review provides the opportunity to analyze the status of all active projects and present formal amendments to the project budget. The Capital Improvement Program and Special Program fund information is presented as follows: Definitions: Budget The budget as of October 1, 2019, which includes project budgets from prior years, which have not been completed. Amendment Amendments which have been approved by the City Council, made at the Manager's discretion, and/or adjustments proposed as a result of the third quarter review. Revised Budget Adding the Budget and Amendment columns. Encumbrance Outstanding contract or purchase order commitment. Available Balance Difference between revised budget and expenditure, plus encumbrance. Status C - project is completed Amend Ref Reference number for description of amendment. Increase/ (Decrease)Description Ad Valorem Taxes 322,140 At third quarter,approximately all property tax revenue has been received.The budget is increased by $322,140.00 to reflect actual collections for the year. 950,000 At third quarter,amendments to utility taxes revenues reflect a net increase of $950,000.00.Amendments include the following:an increase of $750,000.00 to electricity;an increase of $285,000.00 to water;a decrease of $75,000.00 to gas; and a decrease of $10,000.00 to propane. (200,000) At third quarter,amendments to local option,fuel and other taxes reflect a reduction of $200,000.00 to telecommunications taxes to bring the budget in line with anticipated receipts for the year. Franchise Fees 50,000 Amendments to franchise fee revenues reflect a net increase of $50,000.Amendments include,an increase of $125,000.00 to Duke Energy Fees and a decrease of $75,000.00 to gas franchise fees. Other Permits and Fees 230,000 At third quarter,amendments to other permits and fee revenues reflect an increase of $260,000.00 to building/sign permit revenues and a decrease of $30,000.00 to forfeited permit fees. Intergovernmental (1,485,927) Third quarter amendments to other governmental revenue reflect a net decrease of $1,485,927.00.This includes the following:an increase of $146,631.00 in grant revenue for Coronavirus emergency funding from the US Department of Justice (DOJ)which offset expenditure increases in the Police Department;a decrease of $240,000.00 to state revenue sharing;a decrease of $30,000.00 to beverage license revenues;a decrease of $1,400,000.00 to local 1/2 cent sales tax;a decrease of $9,563.00 to public safety supplemental pension revenue which offset expenditure amendments in the Police and Fire departments;an increase of $48,900.00 to Pinellas County library cooperative revenues,a decrease of $108,000.00 to fire tax,a decrease of $20,000.00 to EMS tax, and increases of $126,105.00 to county fire and EMS reimbursements.These amendments will bring the budget in line with anticipated revenues for the year. Local Option, Fuel & Other Taxes City of Clearwater General Fund Revenues Third Quarter Amendments FY 2019/20 Utility Taxes 3 Increase/ (Decrease)Description City of Clearwater General Fund Revenues Third Quarter Amendments FY 2019/20 Charges for Service (1,415,000) Amendments to charges for service reflect a net decrease of $1,415,000.00 This includes the following adjustments:an increase of $30,000.00 to fire inspection fees;decreases which net $1,000,000.00 to various parks and recreation fees; and decreases which net $445,000.00 to Pier 60 revenues. 160,000 Amendments to fines and forfeiture revenues reflect an increase of $100,000.00 to code enforcement fines,and $60,000.00 to red light camera fines.This will bring the budget in line with actual receipts for the year. Miscellaneous 88,770 At third quarter,amendments to miscellaneous revenues reflect an increase of $348,000.00 in ticket sales revenues from softball tournaments,and a decrease of $259,230.00 to surplus land sales for a correction to the mid year amendment for revenues that were due to the Stormwater Fund. 1,527,329 Third quarter amendments to transfer in revenues include an increase of $1,527,329.00 for additional dividends from the Gas Fund. Third quarter amendments reflect a surplus of $1,199,827 which will restore a portion of the planned transfer to General Fund reserves in fiscal year 2019/20 budget. Amendments, include the following allocations: 170,857 1)An appropriation of $170,857.00 from fund reserves to fund special program P2002,Police Body Worn Camera Program, as approved by the Council on August 6, 2020. 130,000 2)An appropriation of $130,000.00 from fund reserves to fund capital project 93618,Miscellaneous Parks and Recreation Contracts as approved by the Council on September 3, 2020. (1,500,684) 3)Third quarter amendments reflect a net surplus of $1,500,684.00.This represents the net of revenue amendments noted above and expenditure amendments. (1,199,827) (972,515) Judgments, Fines & Forfeitures Net General Fund Revenue Amendment Net Transfer (to) from Retained Earnings Transfer (to) from Surplus Transfers In 4 Increase/ (Decrease)Description (91,548) At third quarter, amendments to the Fire Department reflect an increase of $34,560.00 to overtime offset by revenues recognizing reimbursements from the County;and a decrease of $126,108.00 to fire supplemental pension plans, which is offset by an amendment decreasing supplemental pension revenue. (1,445,000) At third quarter,the Parks and Recreation budget reflects a net decrease of $1,445,000.00 to offset losses in revenues. Amendments include decreases of $850,000.00 to personnel costs;decreases of $340,000.00 to operating costs for reductions in utilities and purchases for resale;a decrease of $175,000.00 to garage service charges;and a decrease of $80,000.00 to debt costs. 263,176 At third quarter,amendments to the Police department include:an increase of $116,545.00 to the police supplemental pension plans which is offset by an amendment increasing supplemental pension revenue;and an increase of $146,631.00 to personnel costs and operating supplies related to Coronavirus response which is offset by an amendment recognizing grant funding from the US DOJ. Non-Departmental Amendments reflect City Council approved interfund transfers to special programs and capital projects as follows: 170,857 1)An allocation of $170,857.00 from fund reserves to special program P2002,Police Body Worn Camera Program, as approved by Council on August 6, 2020. 130,000 2)An allocation of $130,000.00 from fund reserves to capital project 93618,Miscellaneous Parks and Recreation Contracts for the Hilltop agreement as approved by Council on September 3, 2020. 300,857 (972,515) Police Net General Fund Expenditure Amendment Parks & Recreation Fire City of Clearwater General Fund Expenditures Third Quarter Amendments FY 2019/20 5 2019/20 Variance %2019/20 MY Amended Year to Date YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Amended Bud Budget Amendment Budget General Fund Revenues Ad Valorem Taxes 64,911,420 65,175,236 (263,816) 100%322,140 65,233,560 Utility Taxes 15,575,000 10,831,898 4,743,102 70%950,000 16,525,000 Local Option, Fuel and Other Taxes 6,614,400 4,527,425 2,086,975 68%(200,000) 6,414,400 Franchise Fees 10,010,000 6,196,810 3,813,190 62%50,000 10,060,000 Other Permits & Fees 2,739,000 2,388,212 350,788 87%230,000 2,969,000 Intergovernmental 23,499,780 14,509,127 8,990,653 62%(1,485,927) 22,013,853 Charges for Services 15,569,430 10,435,066 5,134,364 67%(1,415,000) 14,154,430 Judgments, Fines and Forfeitures 1,264,000 920,203 343,797 73%160,000 1,424,000 Miscellaneous Revenues 4,708,482 4,647,780 60,702 99%88,770 4,797,252 Transfers In 11,428,599 10,618,258 810,341 93%1,527,329 12,955,928 Total Revenues 156,320,111 130,250,015 26,070,096 83%227,312 156,547,423 Transfer (to) from Surplus (697,343) - (697,343) 0%(1,199,827) (1,897,170) Adjusted Revenues 155,622,768 130,250,015 25,372,753 84%(972,515) 154,650,253 General Fund Expenditures City Council 391,040 294,570 96,470 75%- 391,040 City Manager's Office 1,212,631 920,952 291,679 76%- 1,212,631 City Attorney's Office 1,770,829 1,240,511 530,318 70%- 1,770,829 City Auditor's Office 226,012 161,585 64,427 71%- 226,012 CRA Administration 459,557 342,879 116,678 75%- 459,557 Economic Development and Housing 1,907,626 1,440,534 467,092 76%- 1,907,626 Engineering 8,331,204 5,599,431 2,731,773 67%- 8,331,204 Finance 2,747,367 1,811,226 936,141 66%- 2,747,367 Fire 28,533,764 20,902,792 7,630,972 73%(91,548) 28,442,216 Human Resources 1,575,860 1,011,801 564,059 64%- 1,575,860 Library 7,871,950 5,830,576 2,041,374 74%- 7,871,950 Non-Departmental 14,575,832 14,159,624 416,209 97%300,857 14,876,689 Official Records and Legislative Svcs 1,224,070 874,087 349,983 71%- 1,224,070 Parks & Recreation 31,807,990 22,556,832 9,251,158 71%(1,445,000) 30,362,990 Planning & Development 6,571,820 4,361,252 2,210,568 66%- 6,571,820 Police 44,832,880 33,275,754 11,557,126 74%263,176 45,096,056 Public Communications 1,192,686 753,114 439,572 63%- 1,192,686 Public Utilities 389,650 285,578 104,072 73%- 389,650 Total Expenditures 155,622,768 115,823,098 39,799,671 74%(972,515) 154,650,253 For Nine Month Period of October 1, 2019 - June 30, 2020 GENERAL FUND THIRD QUARTER REVIEW 6 2019/20 Variance %2019/20 MY Amended Third Qtr.YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget WATER & SEWER FUND Water & Sewer Revenues: Charges for Service 90,630,120 68,101,354 22,528,766 75%- 90,630,120 Judgments, Fines and Forfeits 271,000 179,385 91,615 66%- 271,000 Miscellaneous 7,298,256 7,425,838 (127,582) 102%- 7,298,256 Transfers In - - - ~1,176 1,176 Fund Equity 2,707,764 - 2,707,764 0%- 2,707,764 Total Revenues 100,907,140 75,706,577 25,200,563 75%1,176 100,908,316 Water & Sewer Expenditures: Public Utilities Administration 1,665,960 1,174,083 491,877 70%1,176 1,667,136 Wastewater Collection 16,189,040 14,473,765 1,715,275 89%- 16,189,040 Public Utilities Maintenance 9,116,670 6,733,157 2,383,513 74%- 9,116,670 WPC / Plant Operations 30,107,300 24,421,361 5,685,939 81%- 30,107,300 WPC / Laboratory Operations 1,642,830 1,075,261 567,569 65%- 1,642,830 WPC / Industrial Pretreatment 939,740 586,488 353,252 62%- 939,740 Water Distribution 22,064,270 20,255,603 1,808,667 92%- 22,064,270 Water Supply 16,402,580 11,421,419 4,981,161 70%- 16,402,580 Reclaimed Water 2,778,750 1,964,548 814,202 71%- 2,778,750 Total Expenditures 100,907,140 82,105,685 18,801,455 81%1,176 100,908,316 Increase/ (Decrease)Amendment Description: Water and Sewer Fund Revenues:1,176 Water and Sewer Fund Expenditures:1,176 For the Nine Month Period of October 1, 2019 to June 30, 2020 UTILITY FUNDS THIRD QUARTER REVIEW At third quarter, anticipated revenues of the Water and Sewer Fund equal anticipated expenditures for fiscal year 2019/20. At third quarter revenues in the Water and Sewer Fund reflect an increase of $1,176.00 to transfer-in revenue to recognize safety award funding from the Central Insurance Fund. Expenditures reflect 81%of total budget due to transfers to the capital fund which happen in the first period of the year. Amendments include an increase of $1,176.00 to employee recognition for receipt of the 3rd quarter FY20 safety award. 7 2019/20 Variance %2019/20 MY Amended Third Qtr.YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the Nine Month Period of October 1, 2019 to June 30, 2020 UTILITY FUNDS THIRD QUARTER REVIEW STORMWATER FUND Stormwater Revenues: Charges for Service 16,928,900 12,785,387 4,143,513 76%- 16,928,900 Judgments, Fines and Forfeits 73,000 38,048 34,952 52%- 73,000 Miscellaneous 760,000 808,627 (48,627) 106%- 760,000 Transfers In 624 624 - 100%- 624 Fund Equity 5,059,440 - 5,059,440 0%- 5,059,440 Total Revenues 22,821,964 13,632,686 9,189,278 60%- 22,821,964 Stormwater Expenditures: Stormwater Management 16,642,580 14,255,358 2,387,222 86%- 16,642,580 Stormwater Maintenance 6,179,384 4,372,735 1,806,649 71%- 6,179,384 Total Expenditures 22,821,964 18,628,093 4,193,871 82%- 22,821,964 Increase/ (Decrease)Amendment Description: Stormwater Fund Revenues:- Stormwater Fund Expenditures:- At third quarter, anticipated revenues of the Stormwater Fund equal anticipated expenditures for fiscal year 2019/20. No amendments are proposed to Stormwater Fund revenues at third quarter. Stormwater Fundexpenditures reflect 82%of total budget due to transfers to the capital fund which happen in the first period of the year.No amendments are proposed to at third quarter. 8 2019/20 Variance %2019/20 MY Amended Third Qtr.YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the Nine Month Period of October 1, 2019 to June 30, 2020 UTILITY FUNDS THIRD QUARTER REVIEW GAS FUND Gas Revenues: Charges for Service 47,855,860 34,327,365 13,528,495 72%(1,356,000) 46,499,860 Judgments, Fines and Forfeits 132,000 74,313 57,687 56%(32,000) 100,000 Miscellaneous 1,158,890 461,939 696,951 40%31,000 1,189,890 Transfers In - - - ~- - Fund Equity - - - ~- - Total Revenues 49,146,750 34,863,617 14,283,133 71%(1,357,000) 47,789,750 Gas Expenditures: Administration & Supply 24,368,037 15,794,515 8,573,522 65%(1,357,560) 23,010,477 South Area Gas Operations 9,599,557 6,975,959 2,623,598 73%26,530 9,626,087 North Area Gas Operations 6,914,410 5,042,142 1,872,268 73%29,210 6,943,620 Marketing & Sales 7,354,935 5,596,659 1,758,276 76%194,820 7,549,755 Total Expenditures 48,236,939 33,409,276 14,827,663 69%(1,107,000) 47,129,939 Increase/ (Decrease)Amendment Description: Gas Fund Revenues:(1,357,000) Gas Fund Expenditures:(1,107,000) At third quarter, anticipated revenues of the Gas Fund exceed anticipated expenditures by $659,811 for fiscal year 2019/20. At third quarter, Gas Fund revenues reflect amendments which net a decrease of $1,357,000.00. Amendments include the following: 1) a net decrease of $1,356,000.00 in charges for service revenue representing reductions in various gas sales revenues; 2) a decrease of $32,000.00 in late payment fee revenue; and 3) a net increase of $31,000.00 to miscellaneous revenues. At third quarter expenditure amendments reflect a net decrease of $1,107,000.00. Amendments include: 1) a net increase of $223,860.00 in personnel costs; 2) a net decrease of $1,370,770.00 in other operating primarily due to decreases to inventory/fuel; and 3) a net increase of $39,910.00 to internal services primarily due to increases in garage services charges. 9 2019/20 Variance %2019/20 MY Amended Third Qtr.YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the Nine Month Period of October 1, 2019 to June 30, 2020 UTILITY FUNDS THIRD QUARTER REVIEW SOLID WASTE AND RECYCLING FUND Solid Waste Revenues: Other Permits and Fees 1,000 1,301 (301) 130%- 1,000 Charges for Service 23,659,000 18,868,802 4,790,198 80%- 23,659,000 Judgments, Fines and Forfeits 90,000 47,217 42,783 52%- 90,000 Miscellaneous 662,000 692,346 (30,346) 105%- 662,000 Transfers In - - - ~- - Solid Waste Revenues 24,412,000 19,609,666 4,802,334 80%- 24,412,000 Recycling Revenues: Other Permits and Fees 400 345 55 86%- 400 Intergovernmental - 82,964 (82,964) ~- - Charges for Service 2,350,000 1,829,190 520,810 78%- 2,350,000 Judgments, Fines and Forfeits 8,000 4,358 3,642 54%- 8,000 Miscellaneous 150,000 180,184 (30,184) 120%- 150,000 Transfers In - - - ~- - Recycling Revenues 2,508,400 2,097,041 411,359 84%- 2,508,400 - Fund Equity 359,942 359,942 0%- 359,942 Total Revenues 27,280,342 21,706,707 5,573,635 80%- 27,280,342 Solid Waste Expenditures: Collection 18,254,990 13,025,580 5,229,410 71%- 18,254,990 Transfer 2,278,360 1,383,920 894,440 61%- 2,278,360 Container Maintenance 941,510 691,154 250,356 73%- 941,510 Administration 1,963,122 1,642,941 320,181 84%- 1,963,122 Solid Waste Expenditures 23,437,982 16,743,595 6,694,387 71%- 23,437,982 Recycling Expenditures: Residential 1,426,960 962,211 464,749 67%- 1,426,960 Multi-Family 496,640 344,959 151,681 69%- 496,640 Commercial 1,918,760 1,008,624 910,136 53%- 1,918,760 Recycling Expenditures 3,842,360 2,315,794 1,526,566 60%- 3,842,360 Total Expenditures 27,280,342 19,059,389 8,220,953 70%- 27,280,342 At third quarter, anticipated revenues of the Solid Waste and Recycling Fund equal anticipated expenditures for fiscal year 2019/20. 10 2019/20 Variance %2019/20 MY Amended Third Qtr.YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the Nine Month Period of October 1, 2019 to June 30, 2020 UTILITY FUNDS THIRD QUARTER REVIEW SOLID WASTE AND RECYCLING FUND (continued) Increase/ (Decrease)Amendment Description: Solid Waste and Recycling Fund Revenues:- Solid Waste and Recycling Fund Expenditures:- No amendments are proposed to Solid Waste and Recycling Fund revenues at third quarter. No amendments are proposed to Solid Waste and Recycling Fund expenditures at third quarter. 11 2019/20 Third Qtr.Variance %2019/20 MY Amended Year to Date YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget MARINE FUND Marine Revenues: Intergovernmental 4,500 - 4,500 0%- 4,500 Charges for Service 5,027,600 3,479,621 1,547,979 69%- 5,027,600 Judgments, Fines and Forfeits 3,000 3,143 (143) 105%- 3,000 Miscellaneous Revenue 119,300 89,712 29,588 75%- 119,300 Transfers In 10,000 10,000 - 100%- 10,000 Fund Equity - - - ~- - Total Revenues 5,164,400 3,582,475 1,581,925 69%- 5,164,400 Marine Expenditures: Marina Operations 5,058,860 3,157,367 1,901,493 62%- 5,058,860 Total Expenditures 5,058,860 3,157,367 1,901,493 62%- 5,058,860 Increase/ (Decrease)Amendment Description: Marine Fund Revenues:- Marine Fund Expenditures:- For The Nine Month Period of October 1, 2019 - June 30, 2020 ENTERPRISE FUNDS THIRD QUARTER REVIEW At third quarter, anticipated revenues of the Marine Fund exceed anticipated expenditures by $105,540 for fiscal year 2019/20. No amendments are proposed to Marine Fund revenues at third quarter. No amendments are proposed to Marine Fund expenditures at third quarter. 12 2019/20 Third Qtr.Variance %2019/20 MY Amended Year to Date YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For The Nine Month Period of October 1, 2019 - June 30, 2020 ENTERPRISE FUNDS THIRD QUARTER REVIEW CLEARWATER HARBOR MARINA FUND Clearwater Harbor Marina Revenues: Intergovernmental - - - ~- - Charges for Service 843,670 648,756 194,914 77%- 843,670 Judgments, Fines and Forfeits 800 1,000 (200) 125%- 800 Miscellaneous Revenue 41,350 41,465 (115) 100%- 41,350 Transfers In - - - ~- - Fund Equity - - - ~- - Total Revenues 885,820 691,222 194,598 78%- 885,820 Clearwater Harbor Marina Expenditures Clearwater Harbor Marina Operations 821,500 608,211 213,289 74%- 821,500 Total Expenditures 821,500 608,211 213,289 74%- 821,500 Increase/ (Decrease)Amendment Description: Clearwater Harbor Marina Fund Revenues:- Clearwater Harbor Marina Fund Expenditures:- At third quarter, anticipated revenues of the Clearwater Harbor Marina Fund exceed anticipated expenditures by $64,320 for fiscal year 2019/20. No amendments are proposed to Clearwater Harbor Marina Fund revenues at third quarter. No amendments are proposed to Clearwater Harbor Marina Fund expenditure at third quarter. 13 2019/20 Third Qtr.Variance %2019/20 MY Amended Year to Date YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For The Nine Month Period of October 1, 2019 - June 30, 2020 ENTERPRISE FUNDS THIRD QUARTER REVIEW AIRPARK FUND Airpark Revenues: Intergovernmental - - - ~- - Charges for Service 20,000 10,353 9,647 52%- 20,000 Miscellaneous Revenue 322,680 249,975 72,705 77%- 322,680 Transfers In - - - ~- - Fund Equity - - - ~- - Total Revenues 342,680 260,328 82,352 76%- 342,680 Airpark Expenditures:- Airpark Operations 290,987 202,675 88,311 70%10,000 300,987 Total Expenditures 290,987 202,675 88,311 70%10,000 300,987 Increase/ (Decrease)Amendment Description: Airpark Fund Revenues:- Airpark Fund Expenditures:10,000 At third quarter, anticipated revenues of the Airpark Fund exceed anticipated expenditures by $41,693 for fiscal year 2019/20. No amendments are proposed to Airpark Fund revenues at third quarter. Third quarter expenditure amendments include a transfer of $5,000.00 to capital improvement project G1901,Replacement of Hangar C and $5,000.00 to capital improvement project G1908,Airpark FDOT Security Guard Building.This expenditure increase is offset by revenues budgeted in excess of expenditures this fiscal year. 14 2019/20 Third Qtr.Variance %2019/20 MY Amended Year to Date YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For The Nine Month Period of October 1, 2019 - June 30, 2020 ENTERPRISE FUNDS THIRD QUARTER REVIEW PARKING FUND Parking Revenues: Charges for Service 5,911,050 4,715,840 1,195,210 80%- 5,911,050 Judgments, Fines and Forfeits 700,090 673,704 26,386 96%- 700,090 Miscellaneous Revenue 325,000 233,755 91,245 72%- 325,000 Transfers In 334 38,074 (37,740) 11399%- 334 Fund Equity - - - ~- - Total Revenues 6,936,474 5,661,373 1,275,101 82%- 6,936,474 PARKING FUND EXPENDITURES Engineering/Parking System 4,381,451 2,932,439 1,449,012 67%- 4,381,451 Engineering/Parking Enforcement 796,908 484,090 312,818 61%- 796,908 Parks & Rec/Beach Guards 980,200 712,548 267,652 73%- 980,200 Seminole Street Boat Ramp 76,520 18,846 57,674 25%- 76,520 Total Expenditures 6,235,079 4,147,924 2,087,156 67%- 6,235,079 Increase/ (Decrease)Amendment Description: Parking Fund Revenues:- Parking Fund Expenditures:- At third quarter, anticipated revenues of the Parking Fund exceed anticipated expenditures by $701,395 for fiscal year 2019/20. No amendments are proposed to Parking Fund revenues at third quarter. No amendments are proposed to Parking Fund expenditure at third quarter. 15 2019/20 Variance %2019/20 MY Amended Third Quarter YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget GENERAL SERVICES FUND General Services Revenues: Charges for Service 6,060,250 4,666,917 1,393,333 77%- 6,060,250 Miscellaneous Revenues 175,000 149,319 25,681 85%- 175,000 Transfers In 206 206 - 100%- 206 Fund Equity - - - ~- - Total Revenues 6,235,456 4,816,442 1,419,014 77%- 6,235,456 General Services Expenditures: Administration 405,628 335,553 70,075 83%- 405,628 Building & Maintenance 5,750,528 3,781,723 1,968,805 66%- 5,750,528 Total Expenditures 6,156,156 4,117,277 2,038,879 67%- 6,156,156 Increase/ (Decrease)Amendment Description: General Services Fund Revenues:- General Services Fund Expenditures:- At third quarter, anticipated revenues of the General Services Fund exceed anticipated expenditures by $79,300 for fiscal year 2019/20. No amendments are proposed to General Services Fund revenues at third quarter. No amendments are proposed to General Services Fund expenditures at third quarter. For the Nine Month Period of October 1, 2019 to June 30, 2020 INTERNAL SERVICE FUNDS THIRD QUARTER REVIEW 16 2019/20 Variance %2019/20 MY Amended Third Quarter YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the Nine Month Period of October 1, 2019 to June 30, 2020 INTERNAL SERVICE FUNDS THIRD QUARTER REVIEW ADMINISTRATIVE SERVICES FUND Administrative Services Revenues: Charges for Service 12,816,930 9,435,889 3,381,041 74%- 12,816,930 Miscellaneous Revenues 180,000 142,971 37,029 79%- 180,000 Transfers In 209 3,863 (3,654) 1849%- 209 Fund Equity - - - ~- - Total Revenues 12,997,139 9,582,724 3,414,415 74%- 12,997,139 Administrative Services Expenditures: Info Tech / Admin 413,294 302,906 110,388 73%- 413,294 Info Tech / Network Svcs 4,184,050 2,706,134 1,477,916 65%- 4,184,050 Info Tech / Software Applications 3,274,240 2,566,958 707,282 78%- 3,274,240 Info Tech / Telecommunications 915,440 564,635 350,805 62%- 915,440 Public Comm / Courier 193,165 106,924 86,241 55%- 193,165 Clearwater Customer Service 3,785,780 2,612,937 1,172,843 69%- 3,785,780 Total Expenditures 12,765,969 8,860,494 3,905,475 69%- 12,765,969 Increase/ (Decrease)Amendment Description: Administrative Services Fund Revenues:- Administrative Services Fund Expenditures:- No amendments are proposed to Administrative Services Fund revenues at third quarter. No amendments are proposed to Administrative Services Fund expenditures at third quarter. At third quarter, anticipated revenues of the Administrative Services Fund exceed anticipated expenditures by $231,170 for fiscal year 2019/20. 17 2019/20 Variance %2019/20 MY Amended Third Quarter YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the Nine Month Period of October 1, 2019 to June 30, 2020 INTERNAL SERVICE FUNDS THIRD QUARTER REVIEW GARAGE FUND Garage Fund Revenues Charges for Service 19,558,770 13,516,386 6,042,384 69%- 19,558,770 Miscellaneous Revenues 1,106,000 783,009 322,991 71%- 1,106,000 Transfers In 222 222 - 100%- 222 Fund Equity 124,030 - 124,030 0%- 124,030 Total Revenues 20,789,022 14,299,616 6,489,406 69%- 20,789,022 Garage Fund Expenditures: Fleet Maintenance 18,490,490 11,366,730 7,123,760 61%- 18,490,490 Radio Communications 2,298,532 1,309,723 988,809 57%- 2,298,532 Total Expenditures 20,789,022 12,676,453 8,112,569 61%- 20,789,022 Increase/ (Decrease)Amendment Description: Garage Fund Revenues:- Garage Fund Expenditures:- At third quarter, anticipated revenues of the Garage Fund equal anticipated expenditures for fiscal year 2019/20. No amendments are proposed to Garage Fund revenues at third quarter. No amendments are proposed to Garage Fund expenditures at third quarter. 18 2019/20 Variance %2019/20 MY Amended Third Quarter YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the Nine Month Period of October 1, 2019 to June 30, 2020 INTERNAL SERVICE FUNDS THIRD QUARTER REVIEW CENTRAL INSURANCE FUND Central Insurance Revenues: Charges for Service 25,409,300 20,083,868 5,325,432 79%- 25,409,300 Miscellaneous Revenues 800,000 910,393 (110,393) 114%- 800,000 Transfers In - - - ~- - Fund Equity - - - ~- - Total Revenues 26,209,300 20,994,260 5,215,040 80%- 26,209,300 Central Insurance Expenditures: Finance / Risk Management 432,868 263,931 168,937 61%- 432,868 HR / Employee Benefits 401,490 223,695 177,795 56%- 401,490 HR / Employee Health Clinic 1,703,020 923,712 779,308 54%- 1,703,020 Non-Departmental 23,052,722 18,461,343 4,591,379 80%- 23,052,722 Total Expenditures 25,590,100 19,872,683 5,717,417 78%- 25,590,100 Increase/ (Decrease)Amendment Description: Central Insurance Fund Revenues:- Central Insurance Fund Expenditures:- At third quarter, anticipated revenues of the Central Insurance Fund exceed anticipated expenditures by $619,200 for fiscal year 2019/20. No amendments are proposed to Central Insurance Fund revenues at third quarter. No amendments are proposed to Central Insurance Fund expenditures at third quarter. 19 CAPITAL IMPROVEMENT PROGRAM Third Quarter Summary FY 2019/20 20 The amended 2019/20 Capital Improvement Program budget report is submitted for the City Council's third quarter review. The proposed amendment is a net budget decrease in the amount of $1,421,666. This review provides the opportunity to examine the status of all active projects and present formal amendments to the project budgets. Fiscally significant budget increases encompassed within this review are as follows: The City Council did not previously approve the following capital improvement budget activity: ➢ Aerial Truck - a budget increase of $143,781 in Pinellas County Fire Reimbursement revenue. ➢ Traffic Signals - a budget increase of $37,930 of reimbursement revenue from FDOT. ➢ Garage – Off Cycle Replacement - a budget increase of $35,227 of insurance proceeds to bring the budget in line with anticipated receipts. ➢ Replace Hangar C - a budget increase of $5,000 in Airpark Fund revenue. ➢ Airpark FDOT Security Grant - a budget increase of $5,000 in Airpark fund revenue. ➢ Bicycle Path/Bridges - a budget decrease of $363,602 of grant revenues to bring the budget in line with actual receipts. ➢ P25 Radio Equipment & Infrastructure - a budget decrease of $1,700,000 of lease purchase proceeds. All significant budget increases that have been previously approved by the City Council are listed below: Project Council Budget Increase Approval ➢ Gas Main Extensions $ 250,000 06/18/20 ➢ Miscellaneous Parks and Recreation Contracts $ 130,000 09/03/20 ➢ Aerial Truck $ 35,000 07/16/20 Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment Lift Station PD Sub-Station - CLOSE PROJECT 1 P1901 (300,000) To record a budget transfer of $300,000.00 of General Fund revenue to project PD00180001,Police District 3 Station.The lift station work will be included in the construction of the station, this project will be closed.(300,000) Police District 3 Station 2 PD00180001 300,000 To record a budget transfer of $300,000.00 of General Fund revenue from project P1901,Lift Station PD Sub- Station.300,000 Aerial Truck 3 91244 35,000 * To record a budget increase of $35,000.00 in surplus vehicles revenue.This was approved by the City council on July 16, 2020. 143,781 * To record a budget increase of $143,781.00 in county fire reimbursement revenue. 178,781 Radio Replacements - CLOSE PROJECT 4 91259 (1) *(286) To record a budget transfer of $285.67 of General Fund revenue to project M2005,Fire Training Tower,and a budget decrease of $1.24 of lease purchase proceeds.The project is complete and will be closed.(287) Fire Training Tower 5 M2005 286 To record a budget transfer of $285.67 of General Fund revenue from project 315-91259, Radio Replacement.286 Traffic Signals 6 ENRD180006 37,930 * To record a budget increase of $37,929.51 to recognize reimbursement revenue from FDOT for damaged traffic signals.37,930 Bicycle Paths/Bridges 7 93272 (363,602) * To record a net budget decrease of $363,601.75 in grant revenues.This will bring the budget in line with revenues received.(363,602) Miscellaneous Parks and Recreation Contracts 8 93618 130,000 To record a budget increase of $130,000.00 in General Fund revenue as approved by City Council on September 3, 2020.130,000 CAPITAL IMPROVEMENT PROGRAM Third Quarter Amendments FY 2019/20 21 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT PROGRAM Third Quarter Amendments FY 2019/20 Sports Field Lighting 9 93620 10,362 To record a transfer of $10,362.28 in General Fund revenues from project PRAF180001,E.C.Moore Softball Plex Renovation.10,362 Restroom Expansion-Barefoot Beach House 10 93646 40,370 To record a transfer of $40,370.00 in General Fund revenue from project 315-93672,Clearwater Beach Infrastructure Repairs &Improvements.This was approved by the City Council on August 20, 2020.40,370 Youth Sports Renovations 11 93665 (46,297) To record a transfer of $24,890.01 in General Fund revenue and $21,407.36 in infrastructure sales tax revenue to project M1915, Belmont Park Revitalization.(46,297) Clearwater Beach Infrastructure Repairs & Improvements 12 93672 (40,370) To record a transfer of $40,370.00 in General Fund revenue to project 315-93646,Restroom Expansion- Barefoot Beach House.This was approved by the City Council on August 20, 2020.(40,370) Belmont Park Revitalization 13 M1915 46,297 To record a transfer of $24,890.01 in General Fund revenues and $21,407.36 in infrastructure sales tax revenue from project 315-93665,Youth Sports Renovations. 46,297 E.C. Moore Softball Plex Renovation 14 PRAF180001 (10,362) To record a transfer of $10,362.28 in General Fund revenues to project 93620, Sports Field Lighting.(10,362) Replace Hangar C 15 G1901 5,000 To record an increase of $5,000.00 in Airpark Fund revenue to provide funding for additional project expenditures.5,000 Airpark FDOT Security Grant 16 G1908 5,000 To record an increase of $5,000.00 in Airpark Fund revenue to provide funding for additional project expenditures.5,000 22 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT PROGRAM Third Quarter Amendments FY 2019/20 P25 Radio Equipment & Infrastructure - CLOSE PROJECT 17 GSFL180002 (1,700,000)*(443,104) To record a budget transfer of $443,104.40 of Garage Fund revenue to project M2010,P25 Radio Equipment & Infrastructure,and a budget decrease of $1,700,000.00 of lease purchase proceeds. This project will be closed.(2,143,104) Garage - Off Cycle Replacements 18 L1911 35,227 * To record a budget increase of $35,226.82 of insurance proceeds to bring the budget with anticipated receipts.35,227 P25 Radio Equipment & Infrastructure - NEW PROJECT 19 M2010 443,104 To establish the project and record a budget transfer of $443,104.40 of Garage Fund revenue from project GSFL180002, P25 Radio Equipment & Infrastructure.443,104 Devices/Equipment - Sewer System 20 96219 (145,377) To record a budget transfer of $145,376.69 of sewer revenue to project 96665, Sanitary Sewer R&R.(145,377) Sanitary Sewer R&R 21 96665 145,377 To record a budget transfer of $145,376.69 of sewer revenue from project 96219,Devices/Equipment -Sewer System.145,377 Gas Main Extensions 22 96385 250,000 * To record budget increase of $250,000.00 in Gas Fund revenues,as approved by the City Council on June 18, 2020.250,000 (1,421,666) - - (1,421,666) TOTAL BUDGET INCREASE /(DECREASE) 23 * indicates budget amendment only CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY THIRD QUARTER: October 1, 2019 to June 30, 2020 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/19 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Police Protection P1802 Police Equipment Replacement 424,698 424,698 424,698 367,443 55,174 2,082 P1803 Command Bus Refurbishment 200,000 200,000 200,000 - - 200,000 P1901 Lift Station - PD Sub-Station 300,000 300,000 (300,000)0 - - 0 C 1 P1902 Police Information Systems 400,000 400,000 400,000 26,257 327,788 45,955 P2001 Police Boat Re[placement 0 0 0 - - 0 PD00180001 Police District 3 Sub Station 1,200,000 1,200,000 300,000 1,500,000 185,749 838,269 475,982 2 2,524,698 2,524,698 0 2,524,698 579,449 1,221,230 724,019 Fire Protection 91218 Fire Engine Replacement 2,824,786 2,824,786 2,824,786 2,791,668 - 33,118 91221 EMS Capital Equipment 1,165,710 1,165,710 1,165,710 1,031,480 - 134,230 91229 Replace & Upgrade Airpacks 1,966,590 1,966,590 1,966,590 1,708,591 - 257,999 91236 Rescue Vehicle 200,000 200,000 200,000 200,000 - 0 91244 Aerial Truck 2,890,000 2,890,000 178,781 3,068,781 1,294,584 1,358,895 415,302 3 91257 AED Program 237,770 237,770 237,770 163,252 - 74,518 91259 Radio Replacements 1,519,640 1,519,640 (287)1,519,353 1,519,353 - 0 C 4 91260 Thermal Imaging Cameras 249,210 249,210 249,210 115,711 - 133,499 91261 Personal Protection Equip 2,126,720 2,126,720 2,126,720 1,886,865 91,587 148,268 91262 SCBA Upgrade - Fill Station 125,000 125,000 125,000 82,366 - 42,634 91263 Extrication Tools 177,000 177,000 177,000 125,708 9,200 42,093 91264 Fire Hose Replacement 452,570 452,570 452,570 301,045 - 151,525 91271 Fire Boat 968,000 1,008,363 1,008,363 619,808 - 388,555 91272 Old Fire Station 45 Demolition 100,000 24,247 24,247 24,247 - (0) FD00190001 Fire Station 46 - Beach 6,372,693 6,372,693 6,372,693 135,333 600,070 5,637,290 FD00190002 Fire Station 47 Replacement 4,839,441 4,839,441 4,839,441 706,386 102,099 4,030,957 G1803 Video Teleconferencing Equip 343,557 0 0 - - 0 C M2005 Fire Training Tower 50,000 50,000 286 50,286 23,837 26,163 286 5 Sub-Total 26,608,686 26,229,739 178,780 26,408,519 12,730,233 2,188,013 11,490,273 Major Street & Sidewalk Maintenance ENRD180001 Druid Road Trail 3,483,646 3,177,034 3,177,034 3,162,041 - 14,993 ENRD180002 Bridge Maintenance & Improve 7,406,247 7,406,247 7,406,247 351,960 502,651 6,551,637 ENRD180003 Traffic Calming 1,905,031 1,905,031 1,905,031 347,835 - 1,557,196 ENRD180004 Streets and Sidewalks 14,417,793 14,433,024 14,433,024 8,241,889 1,432,926 4,758,209 ENGF180001 Downtown Streetscaping 6,735,405 6,735,405 6,735,405 510,576 82,527 6,142,301 ENGF200001 Redesign Fort Harrison/Myrtle 1,000,000 1,000,000 1,000,000 - - 1,000,000 Sub-Total 34,948,122 34,656,741 0 34,656,741 12,614,302 2,018,104 20,024,336 Intersections ENRD180005 City-Wide Intersection Improve 2,407,650 2,407,650 2,407,650 866,225 45,892 1,495,533 ENRD180006 Traffic Signal 916,311 966,505 37,930 1,004,435 501,507 296,685 206,243 6 ENRD180007 Traffic Safety Infrastructure 1,136,765 1,136,765 1,136,765 490,585 76,452 569,728 Sub-Total 4,460,726 4,510,920 37,930 4,548,850 1,858,317 419,029 2,271,504 Parking ENPK180001 Parking Lot Resurfacing 958,476 658,476 658,476 31,609 - 626,867 ENPK180002 Parking Lot Improvement 1,478,802 1,478,802 1,478,802 570,195 9,750 898,857 ENPK180003 Parking Facilities 1,201,348 1,501,348 1,501,348 429,823 449,379 622,146 Sub-Total 3,638,626 3,638,626 0 3,638,626 1,031,627 459,129 2,147,870 Miscellaneous Engineering ENGF180002 Downtown Intermodal 924,756 924,756 924,756 - - 924,756 ENGF180003 Miscellaneous Engineering 274,146 274,146 274,146 28,287 - 245,860 92842 U.S. 19 Wayfinding Project 1,450,000 1,450,000 1,450,000 215,835 - 1,234,165 ENGF180004 Survey Equipment Replacement 20,788 20,788 20,788 - - 20,788 C2004 Lift Stations - General Gov 850,000 850,000 850,000 - 175,188 674,812 ENGF200003 Memorial Causeway Bridge Light 0 1,600,000 1,600,000 68,200 98,456 1,433,344 Sub-Total 3,519,691 5,119,691 0 5,119,691 312,321 273,644 4,533,726 Land Acquisition 93133 Park Land Acquisition 1,331,351 1,331,351 1,331,351 1,331,119 - 232 Sub-Total 1,331,351 1,331,351 0 1,331,351 1,331,119 0 232 24 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY THIRD QUARTER: October 1, 2019 to June 30, 2020 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/19 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Park Development 93203 Carpenter Field-Infras Rep/Imprv 622,817 622,817 622,817 594,247 - 28,570 93205 Spectrum Field Infrast Improve 3,332,272 3,332,272 3,332,272 3,186,776 95,171 50,325 93247 Fitness Equipment Replacement 490,000 490,000 490,000 434,088 - 55,912 93251 Morningside Rec Ctr Replacement 7,189,000 7,189,000 7,189,000 7,151,902 - 37,098 93263 Public Art Maintenance 1,498 1,498 1,498 1,173 - 325 93271 Swimming Pool R&R 1,306,876 1,306,876 1,306,876 1,002,415 - 304,461 93272 Bicycle Paths-Bridges 5,858,833 5,858,833 (363,602)5,495,231 3,813,305 65,587 1,616,339 7 93278 Long Center Infra Repairs 2,158,283 2,158,283 2,158,283 1,744,885 10,338 403,060 93286 Parking Lot/Bike Path Rsr/Imprv 801,618 801,618 801,618 610,327 - 191,291 93602 Sp Events Equip Rep & Rplcmnt 330,000 330,000 330,000 323,389 - 6,611 93604 Brdwlks & Docks Rep & Rplcmnt 605,000 605,000 605,000 576,152 - 28,848 A1901 Miscellaneous Minor Public Art 112,785 112,785 112,785 20,570 1,000 91,215 93612 McMullen Tennis Complex 878,103 878,103 878,103 867,467 - 10,636 93618 Miscellaneous Park & Rec Contract 315,000 315,000 130,000 445,000 285,819 1,361 157,820 8 93620 Sports Field Lighting 565,000 565,000 10,362 575,362 207,680 13,876 353,806 9 ENGF180007 Phillip Jones Park Renovations 224,726 224,726 224,726 18,050 2,151 204,525 93633 Pier 60 Pk & Bchwlk Rep & Improv 1,139,377 1,139,377 1,139,377 963,534 850 174,994 93634 Concrete Sidewalk & Pad Repair 368,176 368,176 368,176 288,162 704 79,310 93635 Park Amenity Purch & Rplcmnt 1,047,800 1,047,800 1,047,800 705,646 - 342,154 93636 Tennis Court Resurfacing 830,310 830,310 830,310 463,779 8,541 357,990 93637 Playground & Fitness Purch & Rplc 998,599 998,599 998,599 651,347 147,051 200,201 93638 Fencing Replacement Program 809,664 809,664 809,664 680,546 - 129,118 93639 Marina Dist Brdwalk & Entry Node 751,930 751,930 751,930 751,929 - 1 C 93642 Phillip-Jones Restroom/Concess 507,944 507,944 507,944 230,883 51,524 225,537 93646 Rest Rm Expan-Barefoot Bch House 480,580 480,580 40,370 520,950 289,637 7,500 223,813 10 93648 Moccasin Lake Park Master Plan 1,182,432 1,182,432 1,182,432 1,114,509 4,892 63,031 93650 Crest Lake Park Improvement 7,500,000 7,500,000 7,500,000 2,258,255 5,164,309 77,435 93652 Countryside Plex Restroom/Conces 4,099,500 4,099,500 4,099,500 3,113,126 928,939 57,435 93654 Recreation Centers Infras Repairs 520,000 520,000 520,000 219,306 13,318 287,376 93656 Jack Russell Demo/Refurb 499,575 499,575 499,575 499,575 - (0) 93665 Youth Sports Field Renovations 46,297 46,297 (46,297)(0)- - (0)11 93667 Del Oro Park Renovations 450,000 450,000 450,000 - - 450,000 93668 Showmaster Portable Stage 200,000 200,000 200,000 142,743 - 57,257 93672 Clw Bch Infrast Repairs & Improve 388,060 388,060 (40,370)347,690 332,136 6,420 9,134 12 93673 Jack Russell Stadium Improve 1,289,066 1,289,066 1,289,066 1,051,671 4,579 232,816 C1902 Long Center Parking Improve 550,000 550,000 550,000 - - 550,000 C1903 Phillies Entrance Sign 150,000 150,000 150,000 - - 150,000 C1904 Ruth Eckerd Hall 8,500,000 8,500,000 8,500,000 6,500,000 - 2,000,000 C2001 Athletic Flds & Fac Reno/Improve 2,500,000 2,500,000 2,500,000 - - 2,500,000 C2002 Ed Wright Park Renovations 750,000 750,000 750,000 - - 750,000 ENGF200002 Beach Guard Admin Building 30,000 30,000 30,000 30,000 - 0 L1901 P&R Vehicle and Equip Additions 245,110 245,110 245,110 245,110 0 0 M1901 Countryside Sports Complex Reno 100,000 100,000 100,000 - - 100,000 M1915 Belmont Park Revitalization 130,000 336,612 46,297 382,909 - - 382,909 13 M2002 Environ Park Remediate & Protect 50,000 50,000 50,000 - - 50,000 M2006 Right of Way Tree Mgt Prog 250,000 250,000 250,000 - - 250,000 PRAF180001 Eddie Moore Softball Plex Reno 790,000 790,000 (10,362)779,638 779,638 - 0 14 Sub-Total 61,946,231 62,152,843 (233,602)61,919,241 42,149,775 6,528,111 13,241,355 Marine Facilities 93403 Beach Guard Facility Maint 348,292 348,292 348,292 348,292 - 0 C ENGF190002 Beach Guard Tower 158,239 158,239 158,239 50,543 - 107,696 93410 Clwr Harbor Marina Maint 260,000 260,000 260,000 215,234 25,686 19,080 ENGF180006 City-wide Docks and Seawall 1,986,739 1,986,739 1,986,739 1,189,575 130,587 666,578 93415 Waterway Maintenance 510,000 510,000 510,000 340,790 38,815 130,395 93418 Utilities Services Replacement 412,714 412,714 412,714 170,456 - 242,258 93420 Fuel System R & R 142,752 142,752 142,752 137,385 - 5,367 93422 Dredging of City Waterways 1,046,204 1,046,204 1,046,204 483,487 - 562,717 ENGF180014 Seminole Boat Launch Improve 6,752,000 6,752,000 6,752,000 3,283,249 964,869 2,503,882 93499 Pier 60/Sailing Center Maint 481,952 481,952 481,952 331,858 4,045 146,049 C1905 Beach Marina Upgrade 500,000 500,000 500,000 6,680 - 493,320 C1906 Clw Harbor Marina Repl & Up 206,000 206,000 206,000 - - 206,000 M1902 Marine Fac Maint Dock R&R 314,970 314,970 314,970 129,678 19,147 166,145 Sub-Total 13,119,862 13,119,862 0 13,119,862 6,687,226 1,183,150 5,249,486 25 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY THIRD QUARTER: October 1, 2019 to June 30, 2020 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/19 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Airpark 94817 Airpark Maintenance & Repair 244,000 244,000 244,000 208,744 - 35,256 94886 Clw Airpark Masterplan Update 110,000 110,000 110,000 109,325 - 675 94894 Ground Support Equip Upgrade 100,000 100,000 100,000 54,560 - 45,440 G1901 Replace Hangar C 1,200,000 1,200,000 5,000 1,205,000 43,827 1,142,284 18,889 15 G1908 Clw Airpark FDOT Security Grant 75,000 75,000 5,000 80,000 64,109 10,891 5,000 16 G2009 Ground Support Equip Replace 0 19,467 19,467 19,466 - 1 G2012 Clw Airpark Vehicle Replace 0 32,018 32,018 - - 32,018 Sub-Total 1,729,000 1,780,485 10,000 1,790,485 500,032 1,153,175 137,278 Libraries 93527 Books & Other Lib Materials 7,696,601 7,696,601 7,696,601 7,605,352 - 91,249 93530 Consolidated Eastside/SPC Libr 6,250,000 6,250,000 6,250,000 5,295,761 - 954,239 93532 Libr Maker Space Maint. & Up 257,560 257,560 257,560 129,401 51,193 76,966 93534 Library FF&E Repair & Replace 335,000 335,000 335,000 132,651 2,546 199,802 93535 Countryside Library Demolition 75,000 75,000 75,000 - - 75,000 Sub-Total 14,614,161 14,614,161 0 14,614,161 13,163,165 53,740 1,397,256 Garage 94233 Motorized Equip-Cash II 2,081,156 2,081,156 2,081,156 2,002,893 - 78,263 94238 Police Vehicles 3,319,686 3,319,686 3,319,686 2,939,891 355,002 24,793 94241 Motorized Equip Replace - L/P 38,808,946 38,807,265 38,807,265 38,807,265 - 0 C 94246 Fleet Management & Mapping 710,000 710,000 710,000 464,980 - 245,020 94627 Misc Budgetary Vehicle Addition 167,799 191,617 191,617 183,449 - 8,168 C1901 Beach Radio Tower 852,370 852,370 852,370 - - 852,370 GSFL180001 Fleet Facility R&R 269,520 269,520 269,520 11,747 - 257,773 GSFL180002 P25 Radio Equipment & Infrast 2,200,000 2,200,000 (2,143,104)56,896 56,896 - 0 C 17 L1910 Motorized Equipment Replace 8,732,446 8,734,127 8,734,127 4,741,311 2,586,014 1,406,802 L1911 Off Cycle Equipment Replace 200,000 200,000 35,227 235,227 97,184 108,360 29,683 18 M2010 P25 Radio Equipment & Infrast 0 0 443,104 443,104 - - 443,104 19 Sub-Total 57,341,923 57,365,741 (1,664,773) 55,700,967 49,305,615 3,049,376 3,345,976 Maintenance of Buildings C1907 City Hall Hardening 100,000 100,000 100,000 - - 100,000 C1909 City Hall Move 383,085 383,085 383,085 380,569 2,000 516 ENGF180012 Public Works Complex 1,615,664 1,615,664 1,615,664 1,926 - 1,613,738 GSBM180001 Air Cond Replace-City Wide 754,436 754,436 754,436 644,417 12,000 98,019 GSBM180002 Flooring for Facilities 1,127,837 1,127,837 1,127,837 563,745 2,005 562,087 GSBM180003 Roof Repair and Replacement 1,545,409 1,545,409 1,545,409 892,327 - 653,083 GSBM180004 Painting of Facilities 592,923 592,923 592,923 82,205 - 510,718 GSBM180005 Fencing of Facilities 143,170 143,170 143,170 73,199 - 69,970 GSBM180006 Light Replacement & Repair 378,197 378,197 378,197 266,322 - 111,874 GSBM180007 Elevator Refurbish/Modern 560,576 560,576 560,576 11,118 - 549,458 GSBM180008 B&M Vehicle & Equipment 1,318,377 1,318,377 1,318,377 638,008 680,370 GSBM180009 New A/C Chiller System 4,350,000 4,350,000 4,350,000 1,754,178 28,483 2,567,339 GSBM180010 General Services R&R 325,000 325,000 325,000 236,099 - 88,901 GSBM180011 Generator Maintenance 550,000 550,000 550,000 - - 550,000 GSBM180012 General Faci Bldg Major Reno 1,935,242 1,935,242 1,935,242 130,775 - 1,804,467 L1902 B&M Vehicle & Equipment 65,000 65,000 65,000 - 35,046 29,955 Sub-Total 15,744,916 15,744,916 0 15,744,916 5,674,887 79,534 9,990,495 Miscellaneous 94729 City-wide Connect Infra 3,923,089 3,923,089 3,923,089 3,563,960 - 359,129 94736 Geographic Information Sys 1,160,997 1,160,997 1,160,997 954,455 - 206,542 ENGF180010 Pollutant Storage Tank 379,408 379,408 379,408 43,380 - 336,028 ENGF180011 Environmental Assmt & Clean-up 663,636 663,636 663,636 79,754 2,536 581,346 L1908 Network Infra & Server R&R 1,343,191 1,343,191 1,343,191 1,100,568 82,644 159,979 M1912 Network Infra & Server Upgrade 121,048 148,226 148,226 52,941 - 95,285 L1907 IT Disaster Recovery 205,396 205,396 205,396 57,869 - 147,527 M1911 IT Disaster Recovery Equipment 100,000 100,000 100,000 - - 100,000 L1906 Telecommunications Upgrade 519,047 519,047 519,047 - - 519,047 94828 Financial Systems Upgrades 4,058,165 4,058,165 4,058,165 2,528,512 242,724 1,286,930 94829 CIS Upgrades / Replacement 1,097,376 1,097,376 1,097,376 428,583 - 668,793 94830 MS Licensing / Upgrades 1,100,000 1,100,000 1,100,000 842,601 16,201 241,198 94833 Computer Monitors 409,828 409,828 409,828 392,266 - 17,562 94850 Backfile Conversion of Records 500,000 500,000 500,000 187,660 - 312,340 94857 Accela Permit & Code Enforce 300,000 300,000 300,000 208,145 - 91,855 94861 Library Technology 1,450,000 1,450,000 1,450,000 1,307,169 - 142,831 94873 Citywide Camera System 285,000 285,000 285,000 118,298 46,945 119,757 94874 City Enterprise Timekeep Sys 310,000 310,000 310,000 182,082 5,620 122,298 26 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY THIRD QUARTER: October 1, 2019 to June 30, 2020 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/19 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Miscellaneous (continued) 94880 Granicus Agenda Mgt Sys 160,000 160,000 160,000 41,136 - 118,864 94883 Business Proc Review & Improve 650,000 650,000 650,000 275,738 369 373,893 94888 City EOC & Disaster Recovery Fac 3,360,000 3,360,000 3,360,000 2,767,870 227,535 364,595 94890 Enterprise Adv Audio Video R&R 1,063,000 472,822 472,822 472,822 - 0 ENGF180013 Imagine Clearwater 13,723,329 12,241,322 12,241,322 5,887,660 3,223,535 3,130,127 C2006 ADA Transition Plan 300,000 300,000 300,000 - - 300,000 M1914 Sustainability Initiatives 100,000 200,000 200,000 - - 200,000 M2007 City EOC & Disaster Recover R&R 50,000 50,000 50,000 - - 50,000 C2007 Citywide Audio/Visual Solutions 0 115,053 115,053 - - 115,053 Sub-Total 37,332,510 35,502,556 - 35,502,556 21,493,470 3,848,108 10,160,978 UTILITIES Stormwater Utility ENST180001 Stormwater System Improve 10,301,097 10,316,090 10,316,090 2,040,907 217,154 8,058,029 ENST180002 Allen's Creek Improvement 2,816,271 2,816,271 2,816,271 1,525,528 1,150,982 139,760 ENST180003 Stormwater System Expansion 1,815,576 1,815,576 1,815,576 - - 1,815,576 ENST180004 Stevenson Creek 4,105,686 4,105,686 4,105,686 1,900 38,958 4,064,828 ENST180005 Coastal Basin Projects 3,868,285 4,629,418 4,629,418 849,018 1,054,565 2,725,835 ENST180006 Alligator Creek Watershed Proj 5,263,132 5,263,132 5,263,132 390,072 44,267 4,828,793 ENST180008 Hillcrest Bypass Culvert 4,096,167 4,096,167 4,096,167 3,330,702 446,181 319,284 ENST180009 East Gateway Improvements 3,519,273 2,758,140 2,758,140 2,758,140 - (0) ENST180010 Lower Spring Branch Improve 2,320,000 2,320,000 2,320,000 155,848 153,196 2,010,956 C1908 Stormwater Vehicles & Equip 2,875,500 2,875,500 2,875,500 2,549,962 - 325,538 Sub-Total 40,980,986 40,995,979 0 40,995,979 13,602,078 3,105,303 24,288,598 Water System 96721 System R & R - Maintenance 4,035,686 4,035,686 4,035,686 2,606,679 81,279 1,347,728 96722 Line Relocation - Maintenance 8,017,305 8,041,545 8,041,545 2,931,868 564,297 4,545,380 96739 Reclaimed Water Dist Sys 46,686,453 46,686,453 46,686,453 46,046,437 411,198 228,818 96740 Water Supply/Treatment 2,626,926 2,626,926 2,626,926 2,626,926 - 0 96742 Line Relocation-Capitalized 7,998,570 7,998,570 7,998,570 6,628,313 - 1,370,257 96744 System Expansion 3,343,743 3,343,743 3,343,743 3,060,635 - 283,108 96764 RO Plant Exp Res #1 14,659,408 14,706,215 14,706,215 12,846,459 5,779 1,853,978 M1908 RO Plant Exp Res #1 R&R 1,000,000 1,000,000 1,000,000 - 39,185 960,815 96767 RO Plant at Res #2 43,092,939 43,095,439 43,095,439 41,434,004 1,206,798 454,638 M1909 RO Plant at Res #2 R&R 1,050,000 1,050,000 1,050,000 - - 1,050,000 96773 Groundwater Replenishm Fac 20,900,118 20,900,118 20,900,118 5,902,487 - 14,997,631 96782 RO Plant @WTP #3 1,510,000 1,599,594 1,599,594 218,585 - 1,381,009 96783 Water Sys Upgrades/Improve 3,849,000 3,849,000 3,849,000 953,987 205,214 2,689,799 96784 Reclaim Water Distrib Sys R&R 2,094,584 2,095,253 2,095,253 417,194 261,454 1,416,605 96785 Feasibility Studies/Evalu - Water 3,655,000 3,655,000 3,655,000 1,736,486 753,064 1,165,451 96786 Devices/Equipments - Water 600,000 600,000 600,000 - - 600,000 L1905 Vehicle & Equipment - Water 146,000 125,212 125,212 125,212 - 0 Sub-Total 165,265,732 165,408,754 0 165,408,754 127,535,272 3,528,267 34,345,215 Sewer System 96212 Sanitary Sewer Upgrades/Impr 14,004,551 14,004,551 14,004,551 6,309,270 3,961,181 3,734,100 96213 Marshall Street Upgrades/Impr 7,294,299 7,294,299 7,294,299 3,615,457 1,656,179 2,022,663 M1905 Marshall Street Plant R&R 2,900,000 2,900,000 2,900,000 46,615 12,729 2,840,657 96214 East Plant Upgrades/Improve 2,700,000 2,700,000 2,700,000 320,494 104,983 2,274,523 M1907 East Plant R&R 2,570,000 2,570,000 2,570,000 - 131,580 2,438,420 96215 N.E. Plant Upgrades/Improve 17,042,600 17,042,600 17,042,600 1,431,834 233,024 15,377,742 M1906 Northeast Plant R&R 1,219,313 1,219,313 1,219,313 233,634 - 985,679 96216 Laboratory Upgrade/Improve 1,155,079 1,155,079 1,155,079 12,168 2,690 1,140,222 96217 Pump Station R&R 1,950,192 1,950,192 1,950,192 507,334 - 1,442,858 96219 Devices/Equip Sewer Division 446,274 446,274 (145,377)300,897 300,898 - (0)20 96630 Sanitary Sewer Extension 15,778,410 15,778,410 15,778,410 13,631,051 241,172 1,906,187 96634 Sanitary Sewer Relocation 6,477,352 6,501,337 6,501,337 4,688,513 25,977 1,786,848 96645 Laboratory Upgrade & R&R 1,803,627 1,803,627 1,803,627 1,783,627 - 20,000 96654 Facilities Upgrade & Improve 15,646,911 15,646,911 15,646,911 14,263,002 258,998 1,124,911 96664 Water Pollution Control R & R 28,375,864 28,375,864 28,375,864 16,941,586 1,058,165 10,376,113 96665 Sanitary Sewer R&R 41,827,082 41,828,082 145,377 41,973,459 29,190,520 7,766,159 5,016,780 21 96686 Pump Station Replacement 6,832,682 6,832,682 6,832,682 4,411,149 542,999 1,878,534 L1903 Generators - Sewer Fund 420,000 404,250 404,250 404,250 - 0 L1904 Vehicle & Equip-Sewer 551,000 498,701 498,701 498,701 - 0 M1910 Water Treatment Plant #3 R&R 318,851 318,851 318,851 - - 318,851 M2008 Vehicle and Equip-Sewer 26,000 26,000 26,000 25,245 - 755 Sub-Total 169,340,086 169,297,022 0 169,297,022 98,615,347 15,995,835 54,685,840 27 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY THIRD QUARTER: October 1, 2019 to June 30, 2020 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/19 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Gas System 96358 Environmental Remediation 2,384,794 2,134,794 2,134,794 1,769,810 39,124 325,860 96365 Line Relocation-Pinellas Maint 756,106 756,106 756,106 516,773 71,382 167,952 96367 Gas Meter Change Out-Pinellas 3,863,000 3,863,000 3,863,000 3,798,254 - 64,746 96374 Line Relocation-Pinellas Capital 2,432,890 2,433,500 2,433,500 2,366,309 14,640 52,551 96376 Line Relocation - Pasco Maint 283,593 283,593 283,593 142,810 - 140,783 96377 Pinellas New Main / Serv Lines 33,051,118 33,310,791 33,310,791 32,731,037 - 579,754 96378 Pasco New Mains / Serv Lines 20,364,858 20,376,741 20,376,741 19,067,850 114,302 1,194,589 96379 Pasco Gas Meter Change Out 892,821 892,821 892,821 792,581 - 100,240 96381 Line Reloc-Pasco-Capitalized 887,386 909,151 909,151 834,256 39,622 35,273 96382 Gas Inventory - Work Mgmt Sys 992,000 992,000 992,000 856,268 - 135,732 96384 Gas System - Pinellas Building 28,855,055 28,857,855 28,857,855 24,112,457 2,125,032 2,620,366 96385 Gas Main Extensions 1,557,845 1,557,845 250,000 1,807,845 1,467,355 - 340,490 22 96386 Expanded Energy Conservation 11,591,479 11,609,835 11,609,835 10,470,908 - 1,138,927 96387 Natural Gas Vehicle 5,731,069 6,524,584 6,524,584 4,659,771 129,536 1,735,277 96389 Future IMS Software & Hardware 450,000 450,000 450,000 354,293 - 95,707 96390 Gas Vehicle Additions 473,294 473,294 473,294 428,294 45,000 (0) 96391 Gas System Pasco Building 700,000 200,000 200,000 - - 200,000 96392 Gas Equipment Additions 189,278 189,278 189,278 189,278 - 0 M1904 Pinellas Building Equip R&R 400,000 400,000 400,000 - - 400,000 Sub-Total 115,856,586 116,215,188 250,000 116,465,188 104,558,302 2,578,638 9,328,247 Solid Waste 96426 Facility R & R 2,777,608 2,777,608 2,777,608 1,761,549 - 1,016,059 96443 Res Container Acquisition-II 2,101,741 2,101,741 2,101,741 1,535,205 - 566,536 96444 Comm Container Acquisition-II 4,380,020 4,195,420 4,195,420 3,582,408 - 613,012 96445 Solar Trash & Recycling Kiosks 314,414 314,414 314,414 239,182 - 75,232 SRTS180001 S.W.Transfer Station Rebuild 19,650,130 19,650,130 19,650,130 18,131,867 917,869 600,395 96448 Solid Waste CNG Station 150,000 150,000 150,000 - - 150,000 96449 Solid Waste Truck Wash Fac 555,500 555,500 555,500 - - 555,500 C2005/L2005 Underground Refuse Program 0 1,570,090 1,570,090 101,658 1,274,745 193,687 Sub-Total 29,929,413 31,314,903 0 31,314,903 25,351,869 2,192,614 3,770,420 Utility Miscellaneous 96523 Pub Utilities Adm Bldg R&R 858,828 858,828 858,828 738,818 - 120,009 96526 Public Utility Admin Building 804,306 804,306 804,306 - - 804,306 Sub-Total 1,663,134 1,663,134 0 1,663,134 738,818 0 924,315 Recycling 96804 Recycling Carts/Dumpsters 1,306,650 1,306,650 1,306,650 850,072 - 456,578 96805 Recycling Expan/Particip/R&R 1,321,525 1,321,525 1,321,525 1,184,376 - 137,149 96811 Purchase of Transfer Tractors 408,000 408,000 408,000 395,983 - 12,017 SR00180003 Processing Ctr Building Replace 3,862,633 3,862,633 3,862,633 4,025 - 3,858,607 Sub-Total 6,898,808 6,898,808 0 6,898,808 2,434,456 0 4,464,352 TOTAL ALL PROJECTS 808,795,246 810,086,115 (1,421,666) 808,664,449 542,267,680 49,874,998 216,521,771 28 Special Program Fund Third Quarter Budget Amendments October 1, 2019 - June 30, 2020 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment General Government Programs Lien Foreclosure Program 1 M1913 43,578 To record a budget increase of $43,578.39 in fine revenues to bring the budget in line with actual receipts.43,578 General Government Totals:43,578 - 43,578 Public Safety Programs Foreclosure Registry - Nuisance Abatement 2 98609 6,700 To record a budget increase of $6,700.00 which represents foreclosure registry fees collected to date to bring the budget in line with actual receipts.6,700 Hurricane Irma 3 98610 82,749 To record a budget increase of $82,748.51 in federal and state Irma reimbursements to bring the budget in line with actual receipts.82,749 Police Extra Duty 4 99215 202,642 (9,485) To record a budget increase of $202,642.00 in police service revenue to bring the budget in line with actual receipts. To record a transfer of $9,485.00 in police service revenue to program 99350,Vehicle Replacement representing revenue collected for vehicle usage on extra duty jobs. 193,157 Police Education Fund 5 99317 5,895 To record a budget increase of $5,894.98 in police education fine revenue which will bring the budget in line with actual receipts.5,895 Investigative Cost Recovery 6 99329 46,716 (181,526) To record a budget increase of $16,279.92 in federal grant revenues;and an increase of $30,435.73 in fines,forfeitures and penalties revenue which will bring the budget in line with actual receipts. Amendments also,include a transfer of $181,526.00 in fines, forfeitures and penalties revenue to new project P2001,Police Boat Replacement as approved by Council on August 20, 2020.(134,810) Florida Contraband Forfeiture Fund 7 99330 151,104 To record a budget increase of $151,104.11 fines,forfeitures and penalties revenue which will bring the budget in line with actual receipts.151,104 29 Special Program Fund Third Quarter Budget Amendments October 1, 2019 - June 30, 2020 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Public Safety Programs (continued) Vehicle Replacement 8 99350 - 9,485 To record a transfer of $9,485.00 in police services revenue from 99215,Police Extra Duty.This represents revenue collected for vehicle usage on extra duty jobs. 9,485 Crime Prevention Program 9 99364 30,000 To record a budget increase of $30,00.00 in donation revenues from Johnson-Lancaster and Associates and Pinch-a-Penny.This will bring the budget in line with actual receipts.30,000 Federal Forfeiture Sharing 10 99387 - (175,306) To record a budget transfer of $175,306.00 in governmental revenue to new project P2002,Police Body Worn Camera Program as approved by Council on August 6, 2020.(175,306) Police Boat Replacement - New Program 11 P2001 - 181,526 To establish the program and record a transfer of $181,526.00 in fines,forfeitures and penalties revenue from 99329,Investigative Cost Recovery as approved by Council on August 20, 2020. 181,526 Police Body Worn Camera Program - New Program 12 P2002 170,857 175,306 To establish the program and record a transfer of $175,306.00 governmental revenue from 99387,Federal Forfeiture Sharing, and $170,857.00 of General Fund revenues as approved by Council on August 6, 2020.346,163 Public Safety Program Totals:696,662 - 696,662 Physical Environment Programs Tree Replacement Program 13 99970 5,040 To record a budget increase of $5,040.00 in fines,forfeiture and penalties revenue to bring the budget in line with actual receipts.5,040 Physical Environment Programs Program: Totals:5,040 - 5,040 30 Special Program Fund Third Quarter Budget Amendments October 1, 2019 - June 30, 2020 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Economic Environment Programs Public Facilities 2020 14 G2004 (22,467) To record a budget transfer of $22,467.00 in Community Development Block Grant (CDBG)revenue to G2101 Public Facilities 2021.(22,467) Economic Development 2020 15 G2005 - (128,039) To record a budget transfer of $128,039.00 in Community Development Block Grant (CDBG)revenue to G2102 Economic Development 2021.(128,039) Infill Housing 2020 - CLOSE PROGRAM 16 G2007 - (86,154) To record a budget transfer of $86,154.00 in Community Development Block Grant (CDBG)revenue to G2104 Infill Housing 2021.(86,154) Back-to-Business Grant Program 17 G2011 50,000 - To record a budget increase of $50,000 in reimbursements from the DDB to assist with the City's grant program.This will bring the budget in line with actual revenue.50,000 Public Facilities 2021 18 G2101 22,467 To record a budget transfer of $22,467.00 in Community Development Block Grant (CDBG)revenue from G2004,Public Facilities 2020.22,467 Economic Development 2021 19 G2102 - 128,039 To record a budget transfer of $128,039.00 in Community Development Block Grant (CDBG)revenue from G2005,Economic Development 2020.128,039 Infill Housing 2021 20 G2104 - 86,154 To record a budget transfer of 86,154.00 in Community Development Bock Grant (CDBG)revenue from G2007,Infill Housing 2020.86,154 Economic Environment Program Totals:50,000 - 50,000 31 Special Program Fund Third Quarter Budget Amendments October 1, 2019 - June 30, 2020 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Culture and Recreation Programs Library Special Account 21 99910 9,500 To record a budget increase of $9,500 in donation revenue to bring the budget in line with actual receipts.9,500 Special Events 22 PRSE190001 25,000 To record a net budget increase of $25,000.00 in sponsorship revenue to bring the budget in line with actual receipts.25,000 Culture and Recreation Program Total:34,500 - 34,500 829,781 - 829,781 Total Budget Increase/(Decrease): 32 SPECIAL PROGRAM STATUS SUMMARY THIRD QUARTER REVIEW: October 1, 2018 to June 30, 2019 Actual Expenditures Budget Amended Revised Project Open Available Amend Description Budget Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref GENERAL GOVERNMENT PROGRAMS 99421 Housing Consulting Service 115,000 115,000 - 115,000 49,334 - 65,666 99857 Stimulus - Elctrnc Plan Submittal & Rev 289,000 289,000 - 289,000 149,927 - 139,073 99868 Federal Early Retiree Reinsurance 651,500 651,500 - 651,500 559,222 - 92,279 99925 Peg Access Support 838,261 838,261 - 838,261 836,917 - 1,344 99928 Nagano Sister City Program 266,759 266,759 - 266,759 172,402 7,500 86,857 M1913 Lien Foreclosure Program 255,553 506,290 43,578 549,868 204,434 - 345,434 1 Sub-Total 2,416,073 2,666,809 43,578 2,710,387 1,972,235 7,500 730,653 PUBLIC SAFETY PROGRAMS 98609 Foreclosure Rgstry-Nuesance Abtmnt 97,900 123,800 6,700 130,500 21,513 - 108,988 2 98610 Hurricane Irma 1,511,864 2,532,457 82,749 2,615,205 2,706,118 - (90,913) 3 99215 Police Extra Duty 3,323,638 3,883,459 193,157 4,076,616 3,808,851 - 267,765 4 99241 Human Trafficking Overtime 87,000 87,000 - 87,000 70,954 - 16,046 99279 Police Recruitments 171,010 171,010 - 171,010 66,906 - 104,104 99281 Fed Forfeitures - Treasury 194,515 196,150 - 196,150 120,171 - 75,980 99316 Police Volunteers 153,519 153,519 - 153,519 143,077 - 10,442 99317 Police Education Fund 1,363,042 1,385,885 5,895 1,391,780 1,304,567 - 87,212 5 99329 Investigative Recovery Costs 2,602,600 2,736,772 (134,810) 2,601,962 2,360,576 9,134 232,252 6 99330 FL Contraband Forfeiture Fnd 1,028,533 911,068 151,104 1,062,172 757,538 - 304,634 7 99350 Vehicle Replacement Fund 398,195 457,537 9,485 467,022 252,888 38,878 175,256 8 99356 Safe Neighborhood Program 1,216,702 1,341,846 - 1,341,846 1,174,404 5,447 161,995 99364 Crime Prevention Program 161,284 174,374 30,000 204,374 148,358 12,329 43,688 9 99387 Federal Forfeiture Sharing 2,477,549 2,598,596 (175,306) 2,423,290 1,817,512 33,033 572,745 10 99927 Emergency Operations 4,144,887 4,118,821 - 4,118,821 3,097,803 2,000 1,019,018 99982 EMS Incentive/Recognition 69,700 69,700 - 69,700 41,088 - 28,612 G1802 2017 JAG Grant 46,977 46,977 - 46,977 46,977 - - G1804 2019 HVE Ped & Bicycle Safety 50,000 49,762 - 49,762 49,762 - 0 G2003 2020 HVE Ped & Bicycle Safety - 80,000 - 80,000 58,128 - 21,872 P1801 School Resource Officers 599,965 1,070,735 - 1,070,735 870,856 - 199,879 D2001 COVID-19 Prep & Response - 200,000 - 200,000 147,103 36,213 16,684 P2001 Police Boat Replacement - - 181,526 181,526 - - 181,526 11 P2002 Police Body Worn Camera Program - - 346,163 346,163 - - 346,163 12 Sub-Total 19,698,880 22,389,468 696,662 23,086,130 19,065,148 137,034 3,883,948 PHYSICAL ENVIRONMENT PROGRAMS 99970 Tree Replacement Project 1,599,914 1,914,539 5,040 1,919,579 922,755 24,509 972,315 13 Sub-Total 1,599,914 1,914,539 5,040 1,919,579 922,755 24,509 972,315 TRANSPORTATION PROGRAMS 98604 2016 Clearwater Ferry 519,120 519,120 - 519,120 519,120 - - Sub-Total 519,120 519,120 - 519,120 519,120 - - ECONOMIC ENVIRONMENT PROGRAMS 99538 Affordable Housing Imp Fees 447,612 453,872 - 453,872 453,872 - 0 99729 Joint Hercules Pln & Econ Study 150,000 150,000 - 150,000 - - 150,000 99764 Public Facilities 2018 448,919 443,768 - 443,768 250,534 193,234 - 99767 Infill Housing 2018 74,746 60,899 - 60,899 60,899 - 0 99768 Public Services 2018 106,725 93,985 - 93,985 93,985 - - 99802 Brownfield Revolving Loan 1,206,597 1,216,732 - 1,216,732 420,381 - 796,351 99846 Economic Development - QTI 153,649 153,649 - 153,649 71,591 - 82,058 99871 State Brownfields Redevelopment Acct 165,463 165,463 - 165,463 165,463 - 0 C 99888 ULI Report Implementation 875,000 875,000 - 875,000 875,000 - - G1902 Public Facilities 2019 332,954 319,253 - 319,253 233,920 85,333 - G1903 Economic Development 2019 135,000 55,000 - 55,000 55,000 - - G1904 Program Administration 2019 186,188 165,588 - 165,588 182,988 - (17,400) G1905 Infill Housing 2019 282,297 162,359 - 162,359 162,359 - 0 G1906 Public Services 2019 111,140 107,243 - 107,243 107,243 - - G2004 Public Facilities 2020 113,938 252,812 (22,467) 230,345 345 99,000 131,000 14 G2005 Economic Development 2020 188,039 188,039 (128,039) 60,000 13,875 46,125 - 15 G2006 Program Administration 2020 261,309 261,309 - 261,309 111,849 - 149,460 33 SPECIAL PROGRAM STATUS SUMMARY THIRD QUARTER REVIEW: October 1, 2018 to June 30, 2019 Actual Expenditures Budget Amended Revised Project Open Available Amend Description Budget Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref ECONOMIC ENVIRONMENT PROGRAMS (continued) G2007 Infill Housing 2020 86,154 86,154 (86,154) - - - - C 16 G2008 Public Services 2020 114,600 114,603 - 114,603 81,145 33,458 - M2009 Afford Housing & Comm Development - 290,853 - 290,853 - - 290,853 G2010 CDBG-CV Fund - 623,592 623,592 10,025 - 613,567 G2011 Back to Business Grant Program - 3,500,000 50,000 3,550,000 720,000 - 2,830,000 17 G2101 Public Facilities 2021 - - 22,467 22,467 - 22,467 18 G2102 Economic Development 2021 - - 128,039 128,039 - 128,039 19 G2104 Infill Housing 2021 - - 86,154 86,154 - 86,154 20 Sub-Total 5,440,332 9,740,174 50,000 9,553,514 4,070,474 457,150 5,025,890 HUMAN SERVICES PROGRAMS 98601 Next Steps to Better Nutrition 10,000 10,000 - 10,000 6,544 - 3,456 98606 Senior Citizens Services - EBWP 24,960 24,960 - 24,960 24,960 - - 98607 Senior Citizens Services - Trips 14,000 14,000 - 14,000 10,858 - 3,142 99562 HUD Special Education 30,000 30,000 - 30,000 27,600 - 2,400 99844 United Way 13,580 13,580 - 13,580 10,883 - 2,697 99869 Health Prevention Program 195,269 195,269 - 195,269 176,019 - 19,251 99872 Coordinated Child Care - Ross Norton 2,718,545 3,171,577 - 3,171,577 2,278,681 3,000 889,896 Sub-Total 3,006,354 3,459,386 - 3,459,386 2,535,545 3,000 920,842 CULTURE AND RECREATION PROGRAMS 98608 Clark-Turner Trust (Library)106,077 106,077 - 106,077 - - 106,077 99910 Library Special Account 856,908 880,899 9,500 890,399 841,531 - 48,869 21 G1907 Clearwater for Youth Grants 18,000 18,000 - 18,000 8,278 - 9,722 PRSE190001 Special Events 1,737,345 2,466,950 25,000 2,491,950 2,228,635 18,341 244,975 22 Sub-Total 2,718,330 3,471,926 34,500 3,506,426 3,078,443 18,341 409,642 TOTAL ALL PROJECTS 35,399,003 44,161,423 829,781 44,754,544 32,163,720 647,534 11,943,289 34 City of Clearwater SPECIAL DEVELOPMENT FUND THIRD QUARTER FY 2019/20 Increase/ (Decrease)Description Revenues Ad Valorem Taxes 13,865 An increase in ad valorem taxes to bring the budget in line with actual receipts for the year. Local Option Gas Tax (140,000) A decrease in Local Option Gas Tax revenues to bring the budget in line with anticipated receipts for the year. Sales Tax Infrastructure (300,000) An increase in Sales Tax Infrastructure revenues to bring the budget in line with anticipated receipts for the year. Open Space Fees 261,609 An increase in open space fees to bring the budget in line with actual receipts for the year. Recreation Facility Impact Fees 125,950 An increase in recreation facility impact fees to bring the budget in line with actual receipts for the year. Recreation Land Impact Fees 744,584 An increase in recreation land impact fees to bring the budget in line with actual receipts for the year. Interest Earnings 375,000 An increase in interest earnings to bring the budget in line with anticipated receipts for the year. Fee in Lieu of Sidewalks 59,171 An increase in fee in lieu of sidewalks to bring the budget in line with actual receipts for the year. 1,140,179$ Net Revenue Amendments Expenditures No amendments are proposed to Special Development Fund expenditures at third quarter. -$ Net Expenditure Amendments 35 SPECIAL REVENUE FUNDS Third Quarter: October 1, 2019 - June 30, 2020 Original First Quarter Mid Year Third Quarter Budget Amended Budget Amended Budget Amended Budget 2019/20 2019/20 2019/20 2019/20 Amendments Revenues: Ad Valorem Taxes 3,247,290 3,247,290 3,247,290 3,261,155 13,865 Infrastructure Tax 11,763,080 11,763,080 11,763,080 11,463,080 (300,000) Interest Earnings 550,000 550,000 550,000 925,000 375,000 Open Space Fees - - - 261,609 261,609 Recreation Facility Impact Fees - - - 125,950 125,950 Recreation Land Impact Fees - - - 744,584 744,584 Fee in Lieu of Sidewalks - - - 59,171 59,171 Multi-Modal Impact Fees 150,000 150,000 150,000 150,000 - Local Option Gas Tax 1,516,150 1,516,150 1,516,150 1,376,150 (140,000) Allocation of Assigned Fund Balance 2,057,170 2,057,170 2,057,170 2,057,170 - 19,283,690 19,283,690 19,283,690 20,423,869 1,140,179 Expenditures: Transfer to Capital Improvement Fund - Road Millage 3,247,290 3,247,290 3,247,290 3,247,290 - Infrastructure Tax 13,820,250 13,820,250 13,820,250 13,820,250 - Multi-Modal Impact fees 140,000 140,000 140,000 140,000 - Local Option Gas Tax 1,427,120 1,427,120 1,427,120 1,427,120 - 18,634,660 18,634,660 18,634,660 18,634,660 - SPECIAL DEVELOPMENT FUND 36 SPECIAL REVENUE FUNDS Third Quarter: October 1, 2019 - June 30, 2020 Original First Quarter Mid Year Third Quarter Budget Amended Budget Amended Budget Amended Budget 2019/20 2019/20 2019/20 2019/20 Amendments Revenues: CDBG Program Income 764,040 764,040 764,040 764,040 - Interest Earnings 100,000 143,006 143,006 143,006 - Intergovernmental Revenue - 1,232,356 2,759,277 2,892,026 132,749 Charges for Service Revenue - 457,913 693,424 927,766 234,342 Judgments, Fines and Forfeit Revenue - 521,356 769,930 1,022,263 252,333 Miscellaneous Revenue - 472,991 996,783 1,036,283 39,500 Transfers from General Fund:- - 3,500,000 3,670,857 170,857 Sister City Program 37,380 37,380 37,380 37,380 - United Way Campaign Fund 1,500 1,500 1,500 1,500 - Special Events 349,730 349,730 349,730 349,730 - Economic Development QTI 13,230 13,230 13,230 13,230 - Police Recruitments 30,000 30,000 30,000 30,000 - 1,295,880 4,023,502 10,058,301 10,888,081 829,781 Expenditures: General Government 37,380 94,580 288,116 331,695 43,578 Public Safety 30,000 1,405,779 2,720,588 3,417,250 696,662 Physical Environment - 311,217 314,625 319,665 5,040 Transportation - - - - - Economic Environment 516,960 824,211 4,816,803 4,866,803 50,000 Human Services 1,500 454,532 454,532 454,532 - Culture and Recreation 349,730 572,873 1,103,327 1,137,827 34,500 Interfund Transfers 260,310 260,310 260,310 260,310 - Transfer to Capital Fund - - - - - 1,195,880 3,923,502 9,958,301 10,788,081 829,781 Revenues: HOME Investment Partnerships 383,980 383,980 383,980 383,980 - State Housing Initiatives Partnerships 262,000 262,000 262,000 262,000 - Total - HOME/SHIP Funds 645,980 645,980 645,980 645,980 - Expenditures: Economic Environment 551,380 551,380 551,380 551,380 - Interfund Transfers 94,600 94,600 94,600 94,600 - Total - HOME/SHIP Programs 645,980 645,980 645,980 645,980 - SPECIAL PROGRAM FUND LOCAL HOUSING ASSISTANCE TRUST FUND 37 ADMINISTRATIVE CHANGE ORDERS Third Quarter Review FY 2019/20 38 In accordance with City of Clearwater Code Section 2.564(2), the City Manager may approve and execute change orders without City Council approval within certain limitations. The following change orders have been administratively approved since the last report to the Council based on the code specified criteria: 1. Increases do not exceed 10% over Council approved amount on a cumulative basis. 2. Change does not change the scope of a project. 3. Price increases do not require additional appropriation to the project. 4. Contract price decreases may be approved without limitation. 5. The time for completion may not be extended by more than sixty (60) days, in any one change or cumulatively for the same project. ***** 06/08/20 Administrative Change Order #1 – Underground Refuse (19-0003-SW). This change order increases and adds items to add survey to detect utility conflicts resulting in a net increase to the contract. Biltmore Construction Co., Inc. 19,326.00 07/20/20 Administrative Change Order #4 & Final – Hillcrest Avenue Bypass Culvert (13-0042-EN). This change order decreases, increases, and adds items and adds 40 calendar days to the contract in accordance with field conditions to close the contract resulting in a net decrease to the contract. Keystone Excavators, Inc. (315,491.66) 07/29/20 Administrative Change Order #1 & Final – 2019 City Seawalls (19-0003- SW). This change order decreases, increases, and adds items in accordance with field conditions to close the contract resulting in a net increase to the contract. Waterfront Engineering, Inc. 11,690.22 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9411-20 2nd rdg Agenda Date: 10/1/2020 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.2 SUBJECT/RECOMMENDATION: Adopt Ordinance 9411-20 on second reading, amending the Capital Improvement Budget for the Fiscal Year ending September 30, 2020 to reflect a net decrease of $1,421,666. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/1/2020 Ordinance #9411-20 ORDINANCE NO. 9411-20 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE CAPITAL IMPROVEMENT BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2020, TO REFLECT A NET DECREASE OF $1,421,666 PROVIDING AN EFFECTIVE DATE. WHEREAS, the Capital Improvement Budget for the fiscal year ending September 30, 2020 was adopted by Ordinance No. 9324-19; and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to provide for the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen circumstances or emergencies arising during the fiscal year; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. Section 1 of Ordinance No. 9324-19 is amended to read: Pursuant to the Third Quarter Amended Capital Improvement Program Report and Estimated Budget for the fiscal year beginning October 1, 2019 and ending September 30, 2020, a copy of which is on file with the City Clerk, the City Council hereby adopts a Third Quarter Amended budget for the capital improvement fund for the City of Clearwater, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ Frank Hibbard, Mayor Approved as to form: Attest: ______________________________ ____________________________ Pamela K. Akin, City Attorney Rosemarie Call, City Clerk First Qtr.Mid Year Third Qtr. Original Amended Amended Amended Budget Budget Budget Budget 2019/20 2019/20 2019/20 2019/20 Amendments Police Protection 1,075,000 1,075,000 1,075,000 1,075,000 Fire Protection 2,141,000 2,141,000 1,762,053 1,940,833 178,780 Major Street and Sidewalk Maintenance 5,279,260 4,972,887 4,972,887 4,972,887 Intersections 315,400 365,594 365,594 403,524 37,930 Parking 724,000 724,000 724,000 724,000 Miscellaneous Engineering 8,091,500 9,691,500 9,691,500 9,691,500 Park Development 6,484,000 6,484,000 6,484,000 6,250,398 (233,602) Marine Facilities 1,005,000 1,005,000 1,005,000 1,005,000 Airpark Facilities 25,000 44,467 76,485 86,485 10,000 Libraries 193,080 193,080 193,080 193,080 Garage 9,022,300 9,046,118 9,046,118 7,381,345 (1,664,773) Maintenance of Buildings 3,225,000 3,225,000 3,225,000 3,225,000 Miscellaneous 1,785,000 46,605 161,658 161,658 Stormwater Utility 6,179,400 6,179,400 6,179,400 6,179,400 Gas System 7,045,000 7,045,000 7,403,601 7,653,601 250,000 Solid Waste & Recycling 600,000 1,985,490 1,985,490 1,985,490 Utilities Miscellaneous 620,000 620,000 620,000 620,000 Sewer System 33,765,160 33,765,160 33,722,096 33,722,096 Water System 7,553,070 7,553,070 7,696,092 7,696,092 TOTAL PROJECT EXPENDITURES 95,128,170 96,162,371 96,389,054 94,967,388 (1,421,666) GENERAL SOURCES: General Operating Revenue 10,750,580 10,868,573 10,868,573 10,998,573 130,000 Penny for Pinellas 13,820,250 13,820,250 13,820,250 13,820,250 Road Millage 3,247,290 3,247,290 3,247,290 3,247,290 Local Option Gas Tax 1,427,120 1,427,120 1,427,120 1,427,120 Other Governmental 2,747,740 2,813,165 2,853,528 2,853,528 Multi-Modal Impact Fee 140,000 140,000 140,000 140,000 Donations 50,000 50,000 50,000 50,000 Intergovernmental - - - 181,711 181,711 Grants - 581 (303,676) (667,277) (363,602) Other - - - 70,227 70,227 SELF SUPPORTING FUNDS: Parking Revenue 774,000 774,000 774,000 774,000 Marine Revenue 355,000 355,000 355,000 355,000 Clearwater Harbor Marina Revenue 140,000 140,000 140,000 140,000 Airpark Revenue 25,000 28,893 35,297 45,297 10,000 Water Revenue 4,405,000 4,405,000 4,538,901 4,538,901 Sewer Revenue 22,261,750 22,261,750 22,261,750 22,261,750 Utility R&R 9,248,000 9,248,000 9,248,000 9,248,000 Water Impact Fees 298,070 298,070 298,070 298,070 Sewer Impact Fees 666,670 666,670 666,670 666,670 Stormwater Utility Revenue 6,179,400 6,179,400 6,179,400 6,179,400 Gas Revenue 7,000,000 7,000,000 7,002,800 7,252,800 250,000 Solid Waste Revenue 500,000 1,341,262 1,341,262 1,341,262 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2019/20 Ordinance # 9411-20 First Qtr.Mid Year Third Qtr. Original Amended Amended Amended Budget Budget Budget Budget 2019/20 2019/20 2019/20 2019/20 Amendments EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2019/20 Recycling Revenue 100,000 100,000 100,000 100,000 Miscellaneous Revenue 405,695 405,695 Grant Revenue 30,614 30,614 INTERNAL SERVICE FUNDS: Garage Revenue 559,300 559,300 559,300 559,300 General Services Revenue 75,000 75,000 75,000 75,000 Administrative Services Revenue 825,000 262,000 262,000 262,000 Central Insurance Revenue 125,000 125,000 125,000 125,000 BORROWING - GENERAL SOURCES: Lease Purchase - General Fund 141,000 164,818 164,818 164,817 (1) BORROWING - SELF SUPPORTING FUNDS: Lease Purchase - Water & Sewer 311,000 311,000 222,163 222,163 Lease Purchase - Gas 45,000 45,000 45,000 45,000 Lease Purchase - Solid Waste/Recycling 544,228 544,228 544,228 BORROWING - INTERNAL SERVICE FUNDS: Lease Purchase - Garage 8,321,000 8,321,000 8,321,000 6,621,000 (1,700,000) Lease Purchase - Administrative Services 590,000 590,000 590,000 590,000 TOTAL ALL FUNDING SOURCES:95,128,170 96,162,371 96,389,054 94,967,388 (1,421,666) Ordinance # 9411-20 Third quarter Budget Review Fiscal Year 2019-20 City Manager's Transmittal Memorandum TO: Mayor and City Council FROM: Bill Horne, City Manager COPIES: Micah Maxwell, Assistant City Manager Michael Delk, Assistant City Manager Department Directors SUBJECT: Third quarter budget review - amended City Manager's annual budget report DATE: September 3, 2020 Attached is the third quarter budget review in accordance with the City Code of Ordinances. The report is based on nine months of activity (October 2019 through June 2020) in this fiscal year; and comments on major variances, as well as documents all proposed amendments. Significant Fund amendments are outlined below: General Fund General Fund revenue and expenditure amendments reflect a net decrease of $972,515. The General Fund expenditure increase at third quarter includes the Council approved appropriation of General Fund reserves of $170,857 to fund the Police Body Worn Camera program, and $130,000 to fund the Hilltop agreement in the Miscellaneous Parks Contracts project. Other amendments include a net decrease of $9,563 to Police and Fire supplemental pension to bring the budget in line with actual revenues and expenditures; an increase of $34,560 to overtime in the Fire Department offset by reimbursement revenues from Pinellas County; a net decrease of $1,445,000 to Parks and Recreation expenditures to offset losses in revenues; and an increase of $146,631 in the Police Department for expenditures related to Coronavirus response offset by revenues recognizing grant funding from the US Department of Justice. In addition, various revenues are amended at third quarter which will bring the budget in line with anticipated receipts for the year. Adjusted for the net decrease in expenditures noted above, this results in a surplus of $1,199,827 returned to General Fund reserves at third quarter. This works to restore a portion of the contribution to reserves that was planned in the fiscal year 2019/20 budget, estimating a total transfer of $1,897,170 to reserves for the year. General Fund Reserves – In order to ensure adequate reserves, the City Council’s policy reflects that General Fund unappropriated fund reserves of 8.5% of the City’s budgeted General Fund expenditures must be maintained as a reserve to guard against future emergencies. Third quarter Budget Review Fiscal Year 2019-20 City Manager's Transmittal With the closing of the year-end 2019 books, estimated General Fund reserves at third quarter are approximately $39.1 million, or 25.8% of preliminary fiscal year 2020/21 General Fund budget, exceeding our minimum reserve requirement by $26.3 million. Significant amendments to other city operating funds are noted as follows. Gas Fund Third quarter amendments to Gas Fund expenditures reflect a net decrease of $1,107,000. Significant amendments include a net increase of $223,860 in personnel costs; a net decrease of $1,370,770 in operating expenditures primarily due to decreases to inventory/fuel purchases; and a net increase of $39,910 to internal service costs. Expenditure amendments are offset by amendments to Gas Fund revenues. Airpark Fund Airpark Fund expenditures are increased by $10,000 at third quarter representing transfers of $5,000 to the Airpark Replacement of Hangar C project and $5,000 to the FDOT Security Guard Building. This expenditure increase is offset by revenues budgeted in the Airpark Fund. Capital Improvement Program Third quarter amendments to the capital improvement program reflect a net decrease of $1,421,666. Amendments previously approved by Council include an increase of $250,000 in Gas Fund revenues in the Gas Main Extensions project; and increase of $130,000 of General Fund revenues in the Miscellaneous Parks Contracts project; and an increase of $35,000 in surplus sale revenues in the Aerial Truck project. Project activity not previously approved by the Council is summarized on page 20. Significant amendments include an increase of $143,781 of Pinellas County fire reimbursement revenue in the Aerial Truck project; an increase of $37,930 in reimbursement revenues from FDOT in the Traffic Signals project; an increase of $35,227 of insurance proceeds in the Garage-Off Cycle Replacement project; increases of Airpark Fund revenues of $5,000 in the Replacement of Hangar C project and $5,000 in the Airpark FDOT Security Building project; a budget decrease of $363,602 in grant revenues in the Bicycle Paths/Bridges project; and a decrease of $1,700,000 of lease purchase revenue in the P25 Radio Equipment & Infrastructure Project. Special Program Fund The Special Program Fund reflects a net budget increase of $829,781 at third quarter. Significant amendments include the transfer of $170,857 of General Fund revenues for the Police Body Worn Camera program; $82,749 in FEMA reimbursements for hurricane Irma; $50,000 in revenue from the DDB in support of the Back-to-Business Grant Program; $39,500 in donation revenues to support Police and Library programs; $6,700 in foreclosure registry fees collected; $25,000 in revenues received for special events; $252,333 in fines and court proceeds for public safety programs, the lien foreclosure program, and the tree replacement program; and $202,642 in contractual service revenue for police extra duty. CITY OF CLEARWATER THIRD QUARTER SUMMARY 2019/20 FY 19/20 Third Variance % Adopted Quarter Third Qtr.YTD Actual vs.YTD vs.Third Qtr.Amended Description Budget Amended Actual Amend Budget Budget Adjustment Budget General Fund: Revenues 151,993,200 155,622,768 130,250,015 25,372,753 84%(972,515) 154,650,253 Expenditures 151,993,200 155,622,768 115,823,098 39,799,671 74%(972,515) 154,650,253 Utility Funds: Water & Sewer Fund Revenues 100,907,140 100,907,140 75,706,577 25,200,563 75%1,176 100,908,316 Expenditures 100,907,140 100,907,140 82,105,685 18,801,455 81%1,176 100,908,316 Stormwater Fund Revenues 22,821,340 22,821,964 13,632,686 9,189,278 60%- 22,821,964 Expenditures 22,821,340 22,821,964 18,628,093 4,193,871 82%- 22,821,964 Gas Fund Revenues 47,762,130 49,146,750 34,863,617 14,283,133 71%(1,357,000) 47,789,750 Expenditures 46,922,560 48,236,939 33,409,276 14,827,663 69%(1,107,000) 47,129,939 Solid Waste and Recycling Fund Revenues 26,920,400 27,280,342 21,706,707 5,573,635 80%- 27,280,342 Expenditures 26,439,080 27,280,342 19,059,389 8,220,953 70%- 27,280,342 Enterprise Funds: Marine Fund Revenues 5,164,400 5,164,400 3,582,475 1,581,925 69%- 5,164,400 Expenditures 5,058,860 5,058,860 3,157,367 1,901,493 62%- 5,058,860 Airpark Fund Revenues 342,680 342,680 260,328 82,352 76%- 342,680 Expenditures 280,690 290,987 202,675 88,311 70%10,000 300,987 Clearwater Harbor Marina Fund Revenues 885,820 885,820 691,222 194,598 78%- 885,820 Expenditures 821,500 821,500 608,211 213,289 74%- 821,500 Parking Fund Revenues 6,936,140 6,936,474 5,661,373 1,275,101 82%- 6,936,474 Expenditures 6,044,620 6,235,079 4,147,924 2,087,156 67%- 6,235,079 Internal Service Funds: General Services Fund Revenues 6,235,250 6,235,456 4,816,442 1,419,014 77%- 6,235,456 Expenditures 6,155,950 6,156,156 4,117,277 2,038,879 67%- 6,156,156 Administrative Services Revenues 12,996,930 12,997,139 9,582,724 3,414,415 74%- 12,997,139 Expenditures 12,765,760 12,765,969 8,860,494 3,905,475 69%- 12,765,969 Garage Fund Revenues 20,788,800 20,789,022 14,299,616 6,489,406 69%- 20,789,022 Expenditures 20,788,800 20,789,022 12,676,453 8,112,569 61%- 20,789,022 Central Insurance Fund Revenues 26,209,300 26,209,300 20,994,260 5,215,040 80%- 26,209,300 Expenditures 25,590,100 25,590,100 19,872,683 5,717,417 78%- 25,590,100 1 THIRD QUARTER REVIEW AMENDED CITY MANAGER'S FISCAL YEAR 2019-20 REPORT PAGE # General Fund Operating Budget ..................................................................................................... 3 Utility Funds Operating Budget ...................................................................................................... 7 Other Enterprise Funds Operating Budgets ................................................................................. 12 Internal Service Funds Operating Budgets ................................................................................... 16 Capital Improvement Program Budget ........................................................................................ 20 Special Program Fund Budget ....................................................................................................... 29 Special Development Fund ........................................................................................................... 35 Administrative Change Orders ...................................................................................................... 38 Ordinances ..................................................................................................................................... 39 The amended 2019/20 operating budget, presented by operating fund and/or department, is submitted for the City Council review. The actual and projected data contained in this review represents nine months, October 1, 2019 through June 30, 2020. The adjustments, however, represent all data available at the time of the report, including action taken by the City Council after June 30, 2020. Definitions associated with the operating funds information is presented as follows: Definitions: Adopted Budget The budget as adopted by the City Council on September 19, 2019. Variance YTD Actual vs. Adopted Budget Difference between adopted budget and year to date actual. % YTD vs. Budget Percentage of adopted budget expended, year to date. Proposed Amendments Adjustments that have been approved by the City Council, made at the Manager’s discretion, and/or adjustments proposed based on the third quarter review. Amended Budget Adding the Original Budget and Adjustments. 2 Capital Improvement Program The amended 2019/20 Capital Improvement Projects budget report is submitted for the City Council review. This review provides the opportunity to analyze the status of all active projects and present formal amendments to the project budget. The Capital Improvement Program and Special Program fund information is presented as follows: Definitions: Budget The budget as of October 1, 2019, which includes project budgets from prior years, which have not been completed. Amendment Amendments which have been approved by the City Council, made at the Manager's discretion, and/or adjustments proposed as a result of the third quarter review. Revised Budget Adding the Budget and Amendment columns. Encumbrance Outstanding contract or purchase order commitment. Available Balance Difference between revised budget and expenditure, plus encumbrance. Status C - project is completed Amend Ref Reference number for description of amendment. Increase/ (Decrease)Description Ad Valorem Taxes 322,140 At third quarter,approximately all property tax revenue has been received.The budget is increased by $322,140.00 to reflect actual collections for the year. 950,000 At third quarter,amendments to utility taxes revenues reflect a net increase of $950,000.00.Amendments include the following:an increase of $750,000.00 to electricity;an increase of $285,000.00 to water;a decrease of $75,000.00 to gas; and a decrease of $10,000.00 to propane. (200,000) At third quarter,amendments to local option,fuel and other taxes reflect a reduction of $200,000.00 to telecommunications taxes to bring the budget in line with anticipated receipts for the year. Franchise Fees 50,000 Amendments to franchise fee revenues reflect a net increase of $50,000.Amendments include,an increase of $125,000.00 to Duke Energy Fees and a decrease of $75,000.00 to gas franchise fees. Other Permits and Fees 230,000 At third quarter,amendments to other permits and fee revenues reflect an increase of $260,000.00 to building/sign permit revenues and a decrease of $30,000.00 to forfeited permit fees. Intergovernmental (1,485,927) Third quarter amendments to other governmental revenue reflect a net decrease of $1,485,927.00.This includes the following:an increase of $146,631.00 in grant revenue for Coronavirus emergency funding from the US Department of Justice (DOJ)which offset expenditure increases in the Police Department;a decrease of $240,000.00 to state revenue sharing;a decrease of $30,000.00 to beverage license revenues;a decrease of $1,400,000.00 to local 1/2 cent sales tax;a decrease of $9,563.00 to public safety supplemental pension revenue which offset expenditure amendments in the Police and Fire departments;an increase of $48,900.00 to Pinellas County library cooperative revenues,a decrease of $108,000.00 to fire tax,a decrease of $20,000.00 to EMS tax, and increases of $126,105.00 to county fire and EMS reimbursements.These amendments will bring the budget in line with anticipated revenues for the year. Local Option, Fuel & Other Taxes City of Clearwater General Fund Revenues Third Quarter Amendments FY 2019/20 Utility Taxes 3 Increase/ (Decrease)Description City of Clearwater General Fund Revenues Third Quarter Amendments FY 2019/20 Charges for Service (1,415,000) Amendments to charges for service reflect a net decrease of $1,415,000.00 This includes the following adjustments:an increase of $30,000.00 to fire inspection fees;decreases which net $1,000,000.00 to various parks and recreation fees; and decreases which net $445,000.00 to Pier 60 revenues. 160,000 Amendments to fines and forfeiture revenues reflect an increase of $100,000.00 to code enforcement fines,and $60,000.00 to red light camera fines.This will bring the budget in line with actual receipts for the year. Miscellaneous 88,770 At third quarter,amendments to miscellaneous revenues reflect an increase of $348,000.00 in ticket sales revenues from softball tournaments,and a decrease of $259,230.00 to surplus land sales for a correction to the mid year amendment for revenues that were due to the Stormwater Fund. 1,527,329 Third quarter amendments to transfer in revenues include an increase of $1,527,329.00 for additional dividends from the Gas Fund. Third quarter amendments reflect a surplus of $1,199,827 which will restore a portion of the planned transfer to General Fund reserves in fiscal year 2019/20 budget. Amendments, include the following allocations: 170,857 1)An appropriation of $170,857.00 from fund reserves to fund special program P2002,Police Body Worn Camera Program, as approved by the Council on August 6, 2020. 130,000 2)An appropriation of $130,000.00 from fund reserves to fund capital project 93618,Miscellaneous Parks and Recreation Contracts as approved by the Council on September 3, 2020. (1,500,684) 3)Third quarter amendments reflect a net surplus of $1,500,684.00.This represents the net of revenue amendments noted above and expenditure amendments. (1,199,827) (972,515) Judgments, Fines & Forfeitures Net General Fund Revenue Amendment Net Transfer (to) from Retained Earnings Transfer (to) from Surplus Transfers In 4 Increase/ (Decrease)Description (91,548) At third quarter, amendments to the Fire Department reflect an increase of $34,560.00 to overtime offset by revenues recognizing reimbursements from the County;and a decrease of $126,108.00 to fire supplemental pension plans, which is offset by an amendment decreasing supplemental pension revenue. (1,445,000) At third quarter,the Parks and Recreation budget reflects a net decrease of $1,445,000.00 to offset losses in revenues. Amendments include decreases of $850,000.00 to personnel costs;decreases of $340,000.00 to operating costs for reductions in utilities and purchases for resale;a decrease of $175,000.00 to garage service charges;and a decrease of $80,000.00 to debt costs. 263,176 At third quarter,amendments to the Police department include:an increase of $116,545.00 to the police supplemental pension plans which is offset by an amendment increasing supplemental pension revenue;and an increase of $146,631.00 to personnel costs and operating supplies related to Coronavirus response which is offset by an amendment recognizing grant funding from the US DOJ. Non-Departmental Amendments reflect City Council approved interfund transfers to special programs and capital projects as follows: 170,857 1)An allocation of $170,857.00 from fund reserves to special program P2002,Police Body Worn Camera Program, as approved by Council on August 6, 2020. 130,000 2)An allocation of $130,000.00 from fund reserves to capital project 93618,Miscellaneous Parks and Recreation Contracts for the Hilltop agreement as approved by Council on September 3, 2020. 300,857 (972,515) Police Net General Fund Expenditure Amendment Parks & Recreation Fire City of Clearwater General Fund Expenditures Third Quarter Amendments FY 2019/20 5 2019/20 Variance %2019/20 MY Amended Year to Date YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Amended Bud Budget Amendment Budget General Fund Revenues Ad Valorem Taxes 64,911,420 65,175,236 (263,816) 100%322,140 65,233,560 Utility Taxes 15,575,000 10,831,898 4,743,102 70%950,000 16,525,000 Local Option, Fuel and Other Taxes 6,614,400 4,527,425 2,086,975 68%(200,000) 6,414,400 Franchise Fees 10,010,000 6,196,810 3,813,190 62%50,000 10,060,000 Other Permits & Fees 2,739,000 2,388,212 350,788 87%230,000 2,969,000 Intergovernmental 23,499,780 14,509,127 8,990,653 62%(1,485,927) 22,013,853 Charges for Services 15,569,430 10,435,066 5,134,364 67%(1,415,000) 14,154,430 Judgments, Fines and Forfeitures 1,264,000 920,203 343,797 73%160,000 1,424,000 Miscellaneous Revenues 4,708,482 4,647,780 60,702 99%88,770 4,797,252 Transfers In 11,428,599 10,618,258 810,341 93%1,527,329 12,955,928 Total Revenues 156,320,111 130,250,015 26,070,096 83%227,312 156,547,423 Transfer (to) from Surplus (697,343) - (697,343) 0%(1,199,827) (1,897,170) Adjusted Revenues 155,622,768 130,250,015 25,372,753 84%(972,515) 154,650,253 General Fund Expenditures City Council 391,040 294,570 96,470 75%- 391,040 City Manager's Office 1,212,631 920,952 291,679 76%- 1,212,631 City Attorney's Office 1,770,829 1,240,511 530,318 70%- 1,770,829 City Auditor's Office 226,012 161,585 64,427 71%- 226,012 CRA Administration 459,557 342,879 116,678 75%- 459,557 Economic Development and Housing 1,907,626 1,440,534 467,092 76%- 1,907,626 Engineering 8,331,204 5,599,431 2,731,773 67%- 8,331,204 Finance 2,747,367 1,811,226 936,141 66%- 2,747,367 Fire 28,533,764 20,902,792 7,630,972 73%(91,548) 28,442,216 Human Resources 1,575,860 1,011,801 564,059 64%- 1,575,860 Library 7,871,950 5,830,576 2,041,374 74%- 7,871,950 Non-Departmental 14,575,832 14,159,624 416,209 97%300,857 14,876,689 Official Records and Legislative Svcs 1,224,070 874,087 349,983 71%- 1,224,070 Parks & Recreation 31,807,990 22,556,832 9,251,158 71%(1,445,000) 30,362,990 Planning & Development 6,571,820 4,361,252 2,210,568 66%- 6,571,820 Police 44,832,880 33,275,754 11,557,126 74%263,176 45,096,056 Public Communications 1,192,686 753,114 439,572 63%- 1,192,686 Public Utilities 389,650 285,578 104,072 73%- 389,650 Total Expenditures 155,622,768 115,823,098 39,799,671 74%(972,515) 154,650,253 For Nine Month Period of October 1, 2019 - June 30, 2020 GENERAL FUND THIRD QUARTER REVIEW 6 2019/20 Variance %2019/20 MY Amended Third Qtr.YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget WATER & SEWER FUND Water & Sewer Revenues: Charges for Service 90,630,120 68,101,354 22,528,766 75%- 90,630,120 Judgments, Fines and Forfeits 271,000 179,385 91,615 66%- 271,000 Miscellaneous 7,298,256 7,425,838 (127,582) 102%- 7,298,256 Transfers In - - - ~1,176 1,176 Fund Equity 2,707,764 - 2,707,764 0%- 2,707,764 Total Revenues 100,907,140 75,706,577 25,200,563 75%1,176 100,908,316 Water & Sewer Expenditures: Public Utilities Administration 1,665,960 1,174,083 491,877 70%1,176 1,667,136 Wastewater Collection 16,189,040 14,473,765 1,715,275 89%- 16,189,040 Public Utilities Maintenance 9,116,670 6,733,157 2,383,513 74%- 9,116,670 WPC / Plant Operations 30,107,300 24,421,361 5,685,939 81%- 30,107,300 WPC / Laboratory Operations 1,642,830 1,075,261 567,569 65%- 1,642,830 WPC / Industrial Pretreatment 939,740 586,488 353,252 62%- 939,740 Water Distribution 22,064,270 20,255,603 1,808,667 92%- 22,064,270 Water Supply 16,402,580 11,421,419 4,981,161 70%- 16,402,580 Reclaimed Water 2,778,750 1,964,548 814,202 71%- 2,778,750 Total Expenditures 100,907,140 82,105,685 18,801,455 81%1,176 100,908,316 Increase/ (Decrease)Amendment Description: Water and Sewer Fund Revenues:1,176 Water and Sewer Fund Expenditures:1,176 For the Nine Month Period of October 1, 2019 to June 30, 2020 UTILITY FUNDS THIRD QUARTER REVIEW At third quarter, anticipated revenues of the Water and Sewer Fund equal anticipated expenditures for fiscal year 2019/20. At third quarter revenues in the Water and Sewer Fund reflect an increase of $1,176.00 to transfer-in revenue to recognize safety award funding from the Central Insurance Fund. Expenditures reflect 81%of total budget due to transfers to the capital fund which happen in the first period of the year. Amendments include an increase of $1,176.00 to employee recognition for receipt of the 3rd quarter FY20 safety award. 7 2019/20 Variance %2019/20 MY Amended Third Qtr.YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the Nine Month Period of October 1, 2019 to June 30, 2020 UTILITY FUNDS THIRD QUARTER REVIEW STORMWATER FUND Stormwater Revenues: Charges for Service 16,928,900 12,785,387 4,143,513 76%- 16,928,900 Judgments, Fines and Forfeits 73,000 38,048 34,952 52%- 73,000 Miscellaneous 760,000 808,627 (48,627) 106%- 760,000 Transfers In 624 624 - 100%- 624 Fund Equity 5,059,440 - 5,059,440 0%- 5,059,440 Total Revenues 22,821,964 13,632,686 9,189,278 60%- 22,821,964 Stormwater Expenditures: Stormwater Management 16,642,580 14,255,358 2,387,222 86%- 16,642,580 Stormwater Maintenance 6,179,384 4,372,735 1,806,649 71%- 6,179,384 Total Expenditures 22,821,964 18,628,093 4,193,871 82%- 22,821,964 Increase/ (Decrease)Amendment Description: Stormwater Fund Revenues:- Stormwater Fund Expenditures:- At third quarter, anticipated revenues of the Stormwater Fund equal anticipated expenditures for fiscal year 2019/20. No amendments are proposed to Stormwater Fund revenues at third quarter. Stormwater Fundexpenditures reflect 82%of total budget due to transfers to the capital fund which happen in the first period of the year.No amendments are proposed to at third quarter. 8 2019/20 Variance %2019/20 MY Amended Third Qtr.YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the Nine Month Period of October 1, 2019 to June 30, 2020 UTILITY FUNDS THIRD QUARTER REVIEW GAS FUND Gas Revenues: Charges for Service 47,855,860 34,327,365 13,528,495 72%(1,356,000) 46,499,860 Judgments, Fines and Forfeits 132,000 74,313 57,687 56%(32,000) 100,000 Miscellaneous 1,158,890 461,939 696,951 40%31,000 1,189,890 Transfers In - - - ~- - Fund Equity - - - ~- - Total Revenues 49,146,750 34,863,617 14,283,133 71%(1,357,000) 47,789,750 Gas Expenditures: Administration & Supply 24,368,037 15,794,515 8,573,522 65%(1,357,560) 23,010,477 South Area Gas Operations 9,599,557 6,975,959 2,623,598 73%26,530 9,626,087 North Area Gas Operations 6,914,410 5,042,142 1,872,268 73%29,210 6,943,620 Marketing & Sales 7,354,935 5,596,659 1,758,276 76%194,820 7,549,755 Total Expenditures 48,236,939 33,409,276 14,827,663 69%(1,107,000) 47,129,939 Increase/ (Decrease)Amendment Description: Gas Fund Revenues:(1,357,000) Gas Fund Expenditures:(1,107,000) At third quarter, anticipated revenues of the Gas Fund exceed anticipated expenditures by $659,811 for fiscal year 2019/20. At third quarter, Gas Fund revenues reflect amendments which net a decrease of $1,357,000.00. Amendments include the following: 1) a net decrease of $1,356,000.00 in charges for service revenue representing reductions in various gas sales revenues; 2) a decrease of $32,000.00 in late payment fee revenue; and 3) a net increase of $31,000.00 to miscellaneous revenues. At third quarter expenditure amendments reflect a net decrease of $1,107,000.00. Amendments include: 1) a net increase of $223,860.00 in personnel costs; 2) a net decrease of $1,370,770.00 in other operating primarily due to decreases to inventory/fuel; and 3) a net increase of $39,910.00 to internal services primarily due to increases in garage services charges. 9 2019/20 Variance %2019/20 MY Amended Third Qtr.YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the Nine Month Period of October 1, 2019 to June 30, 2020 UTILITY FUNDS THIRD QUARTER REVIEW SOLID WASTE AND RECYCLING FUND Solid Waste Revenues: Other Permits and Fees 1,000 1,301 (301) 130%- 1,000 Charges for Service 23,659,000 18,868,802 4,790,198 80%- 23,659,000 Judgments, Fines and Forfeits 90,000 47,217 42,783 52%- 90,000 Miscellaneous 662,000 692,346 (30,346) 105%- 662,000 Transfers In - - - ~- - Solid Waste Revenues 24,412,000 19,609,666 4,802,334 80%- 24,412,000 Recycling Revenues: Other Permits and Fees 400 345 55 86%- 400 Intergovernmental - 82,964 (82,964) ~- - Charges for Service 2,350,000 1,829,190 520,810 78%- 2,350,000 Judgments, Fines and Forfeits 8,000 4,358 3,642 54%- 8,000 Miscellaneous 150,000 180,184 (30,184) 120%- 150,000 Transfers In - - - ~- - Recycling Revenues 2,508,400 2,097,041 411,359 84%- 2,508,400 - Fund Equity 359,942 359,942 0%- 359,942 Total Revenues 27,280,342 21,706,707 5,573,635 80%- 27,280,342 Solid Waste Expenditures: Collection 18,254,990 13,025,580 5,229,410 71%- 18,254,990 Transfer 2,278,360 1,383,920 894,440 61%- 2,278,360 Container Maintenance 941,510 691,154 250,356 73%- 941,510 Administration 1,963,122 1,642,941 320,181 84%- 1,963,122 Solid Waste Expenditures 23,437,982 16,743,595 6,694,387 71%- 23,437,982 Recycling Expenditures: Residential 1,426,960 962,211 464,749 67%- 1,426,960 Multi-Family 496,640 344,959 151,681 69%- 496,640 Commercial 1,918,760 1,008,624 910,136 53%- 1,918,760 Recycling Expenditures 3,842,360 2,315,794 1,526,566 60%- 3,842,360 Total Expenditures 27,280,342 19,059,389 8,220,953 70%- 27,280,342 At third quarter, anticipated revenues of the Solid Waste and Recycling Fund equal anticipated expenditures for fiscal year 2019/20. 10 2019/20 Variance %2019/20 MY Amended Third Qtr.YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the Nine Month Period of October 1, 2019 to June 30, 2020 UTILITY FUNDS THIRD QUARTER REVIEW SOLID WASTE AND RECYCLING FUND (continued) Increase/ (Decrease)Amendment Description: Solid Waste and Recycling Fund Revenues:- Solid Waste and Recycling Fund Expenditures:- No amendments are proposed to Solid Waste and Recycling Fund revenues at third quarter. No amendments are proposed to Solid Waste and Recycling Fund expenditures at third quarter. 11 2019/20 Third Qtr.Variance %2019/20 MY Amended Year to Date YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget MARINE FUND Marine Revenues: Intergovernmental 4,500 - 4,500 0%- 4,500 Charges for Service 5,027,600 3,479,621 1,547,979 69%- 5,027,600 Judgments, Fines and Forfeits 3,000 3,143 (143) 105%- 3,000 Miscellaneous Revenue 119,300 89,712 29,588 75%- 119,300 Transfers In 10,000 10,000 - 100%- 10,000 Fund Equity - - - ~- - Total Revenues 5,164,400 3,582,475 1,581,925 69%- 5,164,400 Marine Expenditures: Marina Operations 5,058,860 3,157,367 1,901,493 62%- 5,058,860 Total Expenditures 5,058,860 3,157,367 1,901,493 62%- 5,058,860 Increase/ (Decrease)Amendment Description: Marine Fund Revenues:- Marine Fund Expenditures:- For The Nine Month Period of October 1, 2019 - June 30, 2020 ENTERPRISE FUNDS THIRD QUARTER REVIEW At third quarter, anticipated revenues of the Marine Fund exceed anticipated expenditures by $105,540 for fiscal year 2019/20. No amendments are proposed to Marine Fund revenues at third quarter. No amendments are proposed to Marine Fund expenditures at third quarter. 12 2019/20 Third Qtr.Variance %2019/20 MY Amended Year to Date YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For The Nine Month Period of October 1, 2019 - June 30, 2020 ENTERPRISE FUNDS THIRD QUARTER REVIEW CLEARWATER HARBOR MARINA FUND Clearwater Harbor Marina Revenues: Intergovernmental - - - ~- - Charges for Service 843,670 648,756 194,914 77%- 843,670 Judgments, Fines and Forfeits 800 1,000 (200) 125%- 800 Miscellaneous Revenue 41,350 41,465 (115) 100%- 41,350 Transfers In - - - ~- - Fund Equity - - - ~- - Total Revenues 885,820 691,222 194,598 78%- 885,820 Clearwater Harbor Marina Expenditures Clearwater Harbor Marina Operations 821,500 608,211 213,289 74%- 821,500 Total Expenditures 821,500 608,211 213,289 74%- 821,500 Increase/ (Decrease)Amendment Description: Clearwater Harbor Marina Fund Revenues:- Clearwater Harbor Marina Fund Expenditures:- At third quarter, anticipated revenues of the Clearwater Harbor Marina Fund exceed anticipated expenditures by $64,320 for fiscal year 2019/20. No amendments are proposed to Clearwater Harbor Marina Fund revenues at third quarter. No amendments are proposed to Clearwater Harbor Marina Fund expenditure at third quarter. 13 2019/20 Third Qtr.Variance %2019/20 MY Amended Year to Date YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For The Nine Month Period of October 1, 2019 - June 30, 2020 ENTERPRISE FUNDS THIRD QUARTER REVIEW AIRPARK FUND Airpark Revenues: Intergovernmental - - - ~- - Charges for Service 20,000 10,353 9,647 52%- 20,000 Miscellaneous Revenue 322,680 249,975 72,705 77%- 322,680 Transfers In - - - ~- - Fund Equity - - - ~- - Total Revenues 342,680 260,328 82,352 76%- 342,680 Airpark Expenditures:- Airpark Operations 290,987 202,675 88,311 70%10,000 300,987 Total Expenditures 290,987 202,675 88,311 70%10,000 300,987 Increase/ (Decrease)Amendment Description: Airpark Fund Revenues:- Airpark Fund Expenditures:10,000 At third quarter, anticipated revenues of the Airpark Fund exceed anticipated expenditures by $41,693 for fiscal year 2019/20. No amendments are proposed to Airpark Fund revenues at third quarter. Third quarter expenditure amendments include a transfer of $5,000.00 to capital improvement project G1901,Replacement of Hangar C and $5,000.00 to capital improvement project G1908,Airpark FDOT Security Guard Building.This expenditure increase is offset by revenues budgeted in excess of expenditures this fiscal year. 14 2019/20 Third Qtr.Variance %2019/20 MY Amended Year to Date YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For The Nine Month Period of October 1, 2019 - June 30, 2020 ENTERPRISE FUNDS THIRD QUARTER REVIEW PARKING FUND Parking Revenues: Charges for Service 5,911,050 4,715,840 1,195,210 80%- 5,911,050 Judgments, Fines and Forfeits 700,090 673,704 26,386 96%- 700,090 Miscellaneous Revenue 325,000 233,755 91,245 72%- 325,000 Transfers In 334 38,074 (37,740) 11399%- 334 Fund Equity - - - ~- - Total Revenues 6,936,474 5,661,373 1,275,101 82%- 6,936,474 PARKING FUND EXPENDITURES Engineering/Parking System 4,381,451 2,932,439 1,449,012 67%- 4,381,451 Engineering/Parking Enforcement 796,908 484,090 312,818 61%- 796,908 Parks & Rec/Beach Guards 980,200 712,548 267,652 73%- 980,200 Seminole Street Boat Ramp 76,520 18,846 57,674 25%- 76,520 Total Expenditures 6,235,079 4,147,924 2,087,156 67%- 6,235,079 Increase/ (Decrease)Amendment Description: Parking Fund Revenues:- Parking Fund Expenditures:- At third quarter, anticipated revenues of the Parking Fund exceed anticipated expenditures by $701,395 for fiscal year 2019/20. No amendments are proposed to Parking Fund revenues at third quarter. No amendments are proposed to Parking Fund expenditure at third quarter. 15 2019/20 Variance %2019/20 MY Amended Third Quarter YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget GENERAL SERVICES FUND General Services Revenues: Charges for Service 6,060,250 4,666,917 1,393,333 77%- 6,060,250 Miscellaneous Revenues 175,000 149,319 25,681 85%- 175,000 Transfers In 206 206 - 100%- 206 Fund Equity - - - ~- - Total Revenues 6,235,456 4,816,442 1,419,014 77%- 6,235,456 General Services Expenditures: Administration 405,628 335,553 70,075 83%- 405,628 Building & Maintenance 5,750,528 3,781,723 1,968,805 66%- 5,750,528 Total Expenditures 6,156,156 4,117,277 2,038,879 67%- 6,156,156 Increase/ (Decrease)Amendment Description: General Services Fund Revenues:- General Services Fund Expenditures:- At third quarter, anticipated revenues of the General Services Fund exceed anticipated expenditures by $79,300 for fiscal year 2019/20. No amendments are proposed to General Services Fund revenues at third quarter. No amendments are proposed to General Services Fund expenditures at third quarter. For the Nine Month Period of October 1, 2019 to June 30, 2020 INTERNAL SERVICE FUNDS THIRD QUARTER REVIEW 16 2019/20 Variance %2019/20 MY Amended Third Quarter YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the Nine Month Period of October 1, 2019 to June 30, 2020 INTERNAL SERVICE FUNDS THIRD QUARTER REVIEW ADMINISTRATIVE SERVICES FUND Administrative Services Revenues: Charges for Service 12,816,930 9,435,889 3,381,041 74%- 12,816,930 Miscellaneous Revenues 180,000 142,971 37,029 79%- 180,000 Transfers In 209 3,863 (3,654) 1849%- 209 Fund Equity - - - ~- - Total Revenues 12,997,139 9,582,724 3,414,415 74%- 12,997,139 Administrative Services Expenditures: Info Tech / Admin 413,294 302,906 110,388 73%- 413,294 Info Tech / Network Svcs 4,184,050 2,706,134 1,477,916 65%- 4,184,050 Info Tech / Software Applications 3,274,240 2,566,958 707,282 78%- 3,274,240 Info Tech / Telecommunications 915,440 564,635 350,805 62%- 915,440 Public Comm / Courier 193,165 106,924 86,241 55%- 193,165 Clearwater Customer Service 3,785,780 2,612,937 1,172,843 69%- 3,785,780 Total Expenditures 12,765,969 8,860,494 3,905,475 69%- 12,765,969 Increase/ (Decrease)Amendment Description: Administrative Services Fund Revenues:- Administrative Services Fund Expenditures:- No amendments are proposed to Administrative Services Fund revenues at third quarter. No amendments are proposed to Administrative Services Fund expenditures at third quarter. At third quarter, anticipated revenues of the Administrative Services Fund exceed anticipated expenditures by $231,170 for fiscal year 2019/20. 17 2019/20 Variance %2019/20 MY Amended Third Quarter YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the Nine Month Period of October 1, 2019 to June 30, 2020 INTERNAL SERVICE FUNDS THIRD QUARTER REVIEW GARAGE FUND Garage Fund Revenues Charges for Service 19,558,770 13,516,386 6,042,384 69%- 19,558,770 Miscellaneous Revenues 1,106,000 783,009 322,991 71%- 1,106,000 Transfers In 222 222 - 100%- 222 Fund Equity 124,030 - 124,030 0%- 124,030 Total Revenues 20,789,022 14,299,616 6,489,406 69%- 20,789,022 Garage Fund Expenditures: Fleet Maintenance 18,490,490 11,366,730 7,123,760 61%- 18,490,490 Radio Communications 2,298,532 1,309,723 988,809 57%- 2,298,532 Total Expenditures 20,789,022 12,676,453 8,112,569 61%- 20,789,022 Increase/ (Decrease)Amendment Description: Garage Fund Revenues:- Garage Fund Expenditures:- At third quarter, anticipated revenues of the Garage Fund equal anticipated expenditures for fiscal year 2019/20. No amendments are proposed to Garage Fund revenues at third quarter. No amendments are proposed to Garage Fund expenditures at third quarter. 18 2019/20 Variance %2019/20 MY Amended Third Quarter YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the Nine Month Period of October 1, 2019 to June 30, 2020 INTERNAL SERVICE FUNDS THIRD QUARTER REVIEW CENTRAL INSURANCE FUND Central Insurance Revenues: Charges for Service 25,409,300 20,083,868 5,325,432 79%- 25,409,300 Miscellaneous Revenues 800,000 910,393 (110,393) 114%- 800,000 Transfers In - - - ~- - Fund Equity - - - ~- - Total Revenues 26,209,300 20,994,260 5,215,040 80%- 26,209,300 Central Insurance Expenditures: Finance / Risk Management 432,868 263,931 168,937 61%- 432,868 HR / Employee Benefits 401,490 223,695 177,795 56%- 401,490 HR / Employee Health Clinic 1,703,020 923,712 779,308 54%- 1,703,020 Non-Departmental 23,052,722 18,461,343 4,591,379 80%- 23,052,722 Total Expenditures 25,590,100 19,872,683 5,717,417 78%- 25,590,100 Increase/ (Decrease)Amendment Description: Central Insurance Fund Revenues:- Central Insurance Fund Expenditures:- At third quarter, anticipated revenues of the Central Insurance Fund exceed anticipated expenditures by $619,200 for fiscal year 2019/20. No amendments are proposed to Central Insurance Fund revenues at third quarter. No amendments are proposed to Central Insurance Fund expenditures at third quarter. 19 CAPITAL IMPROVEMENT PROGRAM Third Quarter Summary FY 2019/20 20 The amended 2019/20 Capital Improvement Program budget report is submitted for the City Council's third quarter review. The proposed amendment is a net budget decrease in the amount of $1,421,666. This review provides the opportunity to examine the status of all active projects and present formal amendments to the project budgets. Fiscally significant budget increases encompassed within this review are as follows: The City Council did not previously approve the following capital improvement budget activity: ➢ Aerial Truck - a budget increase of $143,781 in Pinellas County Fire Reimbursement revenue. ➢ Traffic Signals - a budget increase of $37,930 of reimbursement revenue from FDOT. ➢ Garage – Off Cycle Replacement - a budget increase of $35,227 of insurance proceeds to bring the budget in line with anticipated receipts. ➢ Replace Hangar C - a budget increase of $5,000 in Airpark Fund revenue. ➢ Airpark FDOT Security Grant - a budget increase of $5,000 in Airpark fund revenue. ➢ Bicycle Path/Bridges - a budget decrease of $363,602 of grant revenues to bring the budget in line with actual receipts. ➢ P25 Radio Equipment & Infrastructure - a budget decrease of $1,700,000 of lease purchase proceeds. All significant budget increases that have been previously approved by the City Council are listed below: Project Council Budget Increase Approval ➢ Gas Main Extensions $ 250,000 06/18/20 ➢ Miscellaneous Parks and Recreation Contracts $ 130,000 09/03/20 ➢ Aerial Truck $ 35,000 07/16/20 Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment Lift Station PD Sub-Station - CLOSE PROJECT 1 P1901 (300,000) To record a budget transfer of $300,000.00 of General Fund revenue to project PD00180001,Police District 3 Station.The lift station work will be included in the construction of the station, this project will be closed.(300,000) Police District 3 Station 2 PD00180001 300,000 To record a budget transfer of $300,000.00 of General Fund revenue from project P1901,Lift Station PD Sub- Station.300,000 Aerial Truck 3 91244 35,000 * To record a budget increase of $35,000.00 in surplus vehicles revenue.This was approved by the City council on July 16, 2020. 143,781 * To record a budget increase of $143,781.00 in county fire reimbursement revenue. 178,781 Radio Replacements - CLOSE PROJECT 4 91259 (1) *(286) To record a budget transfer of $285.67 of General Fund revenue to project M2005,Fire Training Tower,and a budget decrease of $1.24 of lease purchase proceeds.The project is complete and will be closed.(287) Fire Training Tower 5 M2005 286 To record a budget transfer of $285.67 of General Fund revenue from project 315-91259, Radio Replacement.286 Traffic Signals 6 ENRD180006 37,930 * To record a budget increase of $37,929.51 to recognize reimbursement revenue from FDOT for damaged traffic signals.37,930 Bicycle Paths/Bridges 7 93272 (363,602) * To record a net budget decrease of $363,601.75 in grant revenues.This will bring the budget in line with revenues received.(363,602) Miscellaneous Parks and Recreation Contracts 8 93618 130,000 To record a budget increase of $130,000.00 in General Fund revenue as approved by City Council on September 3, 2020.130,000 CAPITAL IMPROVEMENT PROGRAM Third Quarter Amendments FY 2019/20 21 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT PROGRAM Third Quarter Amendments FY 2019/20 Sports Field Lighting 9 93620 10,362 To record a transfer of $10,362.28 in General Fund revenues from project PRAF180001,E.C.Moore Softball Plex Renovation.10,362 Restroom Expansion-Barefoot Beach House 10 93646 40,370 To record a transfer of $40,370.00 in General Fund revenue from project 315-93672,Clearwater Beach Infrastructure Repairs &Improvements.This was approved by the City Council on August 20, 2020.40,370 Youth Sports Renovations 11 93665 (46,297) To record a transfer of $24,890.01 in General Fund revenue and $21,407.36 in infrastructure sales tax revenue to project M1915, Belmont Park Revitalization.(46,297) Clearwater Beach Infrastructure Repairs & Improvements 12 93672 (40,370) To record a transfer of $40,370.00 in General Fund revenue to project 315-93646,Restroom Expansion- Barefoot Beach House.This was approved by the City Council on August 20, 2020.(40,370) Belmont Park Revitalization 13 M1915 46,297 To record a transfer of $24,890.01 in General Fund revenues and $21,407.36 in infrastructure sales tax revenue from project 315-93665,Youth Sports Renovations. 46,297 E.C. Moore Softball Plex Renovation 14 PRAF180001 (10,362) To record a transfer of $10,362.28 in General Fund revenues to project 93620, Sports Field Lighting.(10,362) Replace Hangar C 15 G1901 5,000 To record an increase of $5,000.00 in Airpark Fund revenue to provide funding for additional project expenditures.5,000 Airpark FDOT Security Grant 16 G1908 5,000 To record an increase of $5,000.00 in Airpark Fund revenue to provide funding for additional project expenditures.5,000 22 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT PROGRAM Third Quarter Amendments FY 2019/20 P25 Radio Equipment & Infrastructure - CLOSE PROJECT 17 GSFL180002 (1,700,000)*(443,104) To record a budget transfer of $443,104.40 of Garage Fund revenue to project M2010,P25 Radio Equipment & Infrastructure,and a budget decrease of $1,700,000.00 of lease purchase proceeds. This project will be closed.(2,143,104) Garage - Off Cycle Replacements 18 L1911 35,227 * To record a budget increase of $35,226.82 of insurance proceeds to bring the budget with anticipated receipts.35,227 P25 Radio Equipment & Infrastructure - NEW PROJECT 19 M2010 443,104 To establish the project and record a budget transfer of $443,104.40 of Garage Fund revenue from project GSFL180002, P25 Radio Equipment & Infrastructure.443,104 Devices/Equipment - Sewer System 20 96219 (145,377) To record a budget transfer of $145,376.69 of sewer revenue to project 96665, Sanitary Sewer R&R.(145,377) Sanitary Sewer R&R 21 96665 145,377 To record a budget transfer of $145,376.69 of sewer revenue from project 96219,Devices/Equipment -Sewer System.145,377 Gas Main Extensions 22 96385 250,000 * To record budget increase of $250,000.00 in Gas Fund revenues,as approved by the City Council on June 18, 2020.250,000 (1,421,666) - - (1,421,666) TOTAL BUDGET INCREASE /(DECREASE) 23 * indicates budget amendment only CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY THIRD QUARTER: October 1, 2019 to June 30, 2020 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/19 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Police Protection P1802 Police Equipment Replacement 424,698 424,698 424,698 367,443 55,174 2,082 P1803 Command Bus Refurbishment 200,000 200,000 200,000 - - 200,000 P1901 Lift Station - PD Sub-Station 300,000 300,000 (300,000)0 - - 0 C 1 P1902 Police Information Systems 400,000 400,000 400,000 26,257 327,788 45,955 P2001 Police Boat Re[placement 0 0 0 - - 0 PD00180001 Police District 3 Sub Station 1,200,000 1,200,000 300,000 1,500,000 185,749 838,269 475,982 2 2,524,698 2,524,698 0 2,524,698 579,449 1,221,230 724,019 Fire Protection 91218 Fire Engine Replacement 2,824,786 2,824,786 2,824,786 2,791,668 - 33,118 91221 EMS Capital Equipment 1,165,710 1,165,710 1,165,710 1,031,480 - 134,230 91229 Replace & Upgrade Airpacks 1,966,590 1,966,590 1,966,590 1,708,591 - 257,999 91236 Rescue Vehicle 200,000 200,000 200,000 200,000 - 0 91244 Aerial Truck 2,890,000 2,890,000 178,781 3,068,781 1,294,584 1,358,895 415,302 3 91257 AED Program 237,770 237,770 237,770 163,252 - 74,518 91259 Radio Replacements 1,519,640 1,519,640 (287)1,519,353 1,519,353 - 0 C 4 91260 Thermal Imaging Cameras 249,210 249,210 249,210 115,711 - 133,499 91261 Personal Protection Equip 2,126,720 2,126,720 2,126,720 1,886,865 91,587 148,268 91262 SCBA Upgrade - Fill Station 125,000 125,000 125,000 82,366 - 42,634 91263 Extrication Tools 177,000 177,000 177,000 125,708 9,200 42,093 91264 Fire Hose Replacement 452,570 452,570 452,570 301,045 - 151,525 91271 Fire Boat 968,000 1,008,363 1,008,363 619,808 - 388,555 91272 Old Fire Station 45 Demolition 100,000 24,247 24,247 24,247 - (0) FD00190001 Fire Station 46 - Beach 6,372,693 6,372,693 6,372,693 135,333 600,070 5,637,290 FD00190002 Fire Station 47 Replacement 4,839,441 4,839,441 4,839,441 706,386 102,099 4,030,957 G1803 Video Teleconferencing Equip 343,557 0 0 - - 0 C M2005 Fire Training Tower 50,000 50,000 286 50,286 23,837 26,163 286 5 Sub-Total 26,608,686 26,229,739 178,780 26,408,519 12,730,233 2,188,013 11,490,273 Major Street & Sidewalk Maintenance ENRD180001 Druid Road Trail 3,483,646 3,177,034 3,177,034 3,162,041 - 14,993 ENRD180002 Bridge Maintenance & Improve 7,406,247 7,406,247 7,406,247 351,960 502,651 6,551,637 ENRD180003 Traffic Calming 1,905,031 1,905,031 1,905,031 347,835 - 1,557,196 ENRD180004 Streets and Sidewalks 14,417,793 14,433,024 14,433,024 8,241,889 1,432,926 4,758,209 ENGF180001 Downtown Streetscaping 6,735,405 6,735,405 6,735,405 510,576 82,527 6,142,301 ENGF200001 Redesign Fort Harrison/Myrtle 1,000,000 1,000,000 1,000,000 - - 1,000,000 Sub-Total 34,948,122 34,656,741 0 34,656,741 12,614,302 2,018,104 20,024,336 Intersections ENRD180005 City-Wide Intersection Improve 2,407,650 2,407,650 2,407,650 866,225 45,892 1,495,533 ENRD180006 Traffic Signal 916,311 966,505 37,930 1,004,435 501,507 296,685 206,243 6 ENRD180007 Traffic Safety Infrastructure 1,136,765 1,136,765 1,136,765 490,585 76,452 569,728 Sub-Total 4,460,726 4,510,920 37,930 4,548,850 1,858,317 419,029 2,271,504 Parking ENPK180001 Parking Lot Resurfacing 958,476 658,476 658,476 31,609 - 626,867 ENPK180002 Parking Lot Improvement 1,478,802 1,478,802 1,478,802 570,195 9,750 898,857 ENPK180003 Parking Facilities 1,201,348 1,501,348 1,501,348 429,823 449,379 622,146 Sub-Total 3,638,626 3,638,626 0 3,638,626 1,031,627 459,129 2,147,870 Miscellaneous Engineering ENGF180002 Downtown Intermodal 924,756 924,756 924,756 - - 924,756 ENGF180003 Miscellaneous Engineering 274,146 274,146 274,146 28,287 - 245,860 92842 U.S. 19 Wayfinding Project 1,450,000 1,450,000 1,450,000 215,835 - 1,234,165 ENGF180004 Survey Equipment Replacement 20,788 20,788 20,788 - - 20,788 C2004 Lift Stations - General Gov 850,000 850,000 850,000 - 175,188 674,812 ENGF200003 Memorial Causeway Bridge Light 0 1,600,000 1,600,000 68,200 98,456 1,433,344 Sub-Total 3,519,691 5,119,691 0 5,119,691 312,321 273,644 4,533,726 Land Acquisition 93133 Park Land Acquisition 1,331,351 1,331,351 1,331,351 1,331,119 - 232 Sub-Total 1,331,351 1,331,351 0 1,331,351 1,331,119 0 232 24 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY THIRD QUARTER: October 1, 2019 to June 30, 2020 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/19 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Park Development 93203 Carpenter Field-Infras Rep/Imprv 622,817 622,817 622,817 594,247 - 28,570 93205 Spectrum Field Infrast Improve 3,332,272 3,332,272 3,332,272 3,186,776 95,171 50,325 93247 Fitness Equipment Replacement 490,000 490,000 490,000 434,088 - 55,912 93251 Morningside Rec Ctr Replacement 7,189,000 7,189,000 7,189,000 7,151,902 - 37,098 93263 Public Art Maintenance 1,498 1,498 1,498 1,173 - 325 93271 Swimming Pool R&R 1,306,876 1,306,876 1,306,876 1,002,415 - 304,461 93272 Bicycle Paths-Bridges 5,858,833 5,858,833 (363,602)5,495,231 3,813,305 65,587 1,616,339 7 93278 Long Center Infra Repairs 2,158,283 2,158,283 2,158,283 1,744,885 10,338 403,060 93286 Parking Lot/Bike Path Rsr/Imprv 801,618 801,618 801,618 610,327 - 191,291 93602 Sp Events Equip Rep & Rplcmnt 330,000 330,000 330,000 323,389 - 6,611 93604 Brdwlks & Docks Rep & Rplcmnt 605,000 605,000 605,000 576,152 - 28,848 A1901 Miscellaneous Minor Public Art 112,785 112,785 112,785 20,570 1,000 91,215 93612 McMullen Tennis Complex 878,103 878,103 878,103 867,467 - 10,636 93618 Miscellaneous Park & Rec Contract 315,000 315,000 130,000 445,000 285,819 1,361 157,820 8 93620 Sports Field Lighting 565,000 565,000 10,362 575,362 207,680 13,876 353,806 9 ENGF180007 Phillip Jones Park Renovations 224,726 224,726 224,726 18,050 2,151 204,525 93633 Pier 60 Pk & Bchwlk Rep & Improv 1,139,377 1,139,377 1,139,377 963,534 850 174,994 93634 Concrete Sidewalk & Pad Repair 368,176 368,176 368,176 288,162 704 79,310 93635 Park Amenity Purch & Rplcmnt 1,047,800 1,047,800 1,047,800 705,646 - 342,154 93636 Tennis Court Resurfacing 830,310 830,310 830,310 463,779 8,541 357,990 93637 Playground & Fitness Purch & Rplc 998,599 998,599 998,599 651,347 147,051 200,201 93638 Fencing Replacement Program 809,664 809,664 809,664 680,546 - 129,118 93639 Marina Dist Brdwalk & Entry Node 751,930 751,930 751,930 751,929 - 1 C 93642 Phillip-Jones Restroom/Concess 507,944 507,944 507,944 230,883 51,524 225,537 93646 Rest Rm Expan-Barefoot Bch House 480,580 480,580 40,370 520,950 289,637 7,500 223,813 10 93648 Moccasin Lake Park Master Plan 1,182,432 1,182,432 1,182,432 1,114,509 4,892 63,031 93650 Crest Lake Park Improvement 7,500,000 7,500,000 7,500,000 2,258,255 5,164,309 77,435 93652 Countryside Plex Restroom/Conces 4,099,500 4,099,500 4,099,500 3,113,126 928,939 57,435 93654 Recreation Centers Infras Repairs 520,000 520,000 520,000 219,306 13,318 287,376 93656 Jack Russell Demo/Refurb 499,575 499,575 499,575 499,575 - (0) 93665 Youth Sports Field Renovations 46,297 46,297 (46,297)(0)- - (0)11 93667 Del Oro Park Renovations 450,000 450,000 450,000 - - 450,000 93668 Showmaster Portable Stage 200,000 200,000 200,000 142,743 - 57,257 93672 Clw Bch Infrast Repairs & Improve 388,060 388,060 (40,370)347,690 332,136 6,420 9,134 12 93673 Jack Russell Stadium Improve 1,289,066 1,289,066 1,289,066 1,051,671 4,579 232,816 C1902 Long Center Parking Improve 550,000 550,000 550,000 - - 550,000 C1903 Phillies Entrance Sign 150,000 150,000 150,000 - - 150,000 C1904 Ruth Eckerd Hall 8,500,000 8,500,000 8,500,000 6,500,000 - 2,000,000 C2001 Athletic Flds & Fac Reno/Improve 2,500,000 2,500,000 2,500,000 - - 2,500,000 C2002 Ed Wright Park Renovations 750,000 750,000 750,000 - - 750,000 ENGF200002 Beach Guard Admin Building 30,000 30,000 30,000 30,000 - 0 L1901 P&R Vehicle and Equip Additions 245,110 245,110 245,110 245,110 0 0 M1901 Countryside Sports Complex Reno 100,000 100,000 100,000 - - 100,000 M1915 Belmont Park Revitalization 130,000 336,612 46,297 382,909 - - 382,909 13 M2002 Environ Park Remediate & Protect 50,000 50,000 50,000 - - 50,000 M2006 Right of Way Tree Mgt Prog 250,000 250,000 250,000 - - 250,000 PRAF180001 Eddie Moore Softball Plex Reno 790,000 790,000 (10,362)779,638 779,638 - 0 14 Sub-Total 61,946,231 62,152,843 (233,602)61,919,241 42,149,775 6,528,111 13,241,355 Marine Facilities 93403 Beach Guard Facility Maint 348,292 348,292 348,292 348,292 - 0 C ENGF190002 Beach Guard Tower 158,239 158,239 158,239 50,543 - 107,696 93410 Clwr Harbor Marina Maint 260,000 260,000 260,000 215,234 25,686 19,080 ENGF180006 City-wide Docks and Seawall 1,986,739 1,986,739 1,986,739 1,189,575 130,587 666,578 93415 Waterway Maintenance 510,000 510,000 510,000 340,790 38,815 130,395 93418 Utilities Services Replacement 412,714 412,714 412,714 170,456 - 242,258 93420 Fuel System R & R 142,752 142,752 142,752 137,385 - 5,367 93422 Dredging of City Waterways 1,046,204 1,046,204 1,046,204 483,487 - 562,717 ENGF180014 Seminole Boat Launch Improve 6,752,000 6,752,000 6,752,000 3,283,249 964,869 2,503,882 93499 Pier 60/Sailing Center Maint 481,952 481,952 481,952 331,858 4,045 146,049 C1905 Beach Marina Upgrade 500,000 500,000 500,000 6,680 - 493,320 C1906 Clw Harbor Marina Repl & Up 206,000 206,000 206,000 - - 206,000 M1902 Marine Fac Maint Dock R&R 314,970 314,970 314,970 129,678 19,147 166,145 Sub-Total 13,119,862 13,119,862 0 13,119,862 6,687,226 1,183,150 5,249,486 25 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY THIRD QUARTER: October 1, 2019 to June 30, 2020 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/19 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Airpark 94817 Airpark Maintenance & Repair 244,000 244,000 244,000 208,744 - 35,256 94886 Clw Airpark Masterplan Update 110,000 110,000 110,000 109,325 - 675 94894 Ground Support Equip Upgrade 100,000 100,000 100,000 54,560 - 45,440 G1901 Replace Hangar C 1,200,000 1,200,000 5,000 1,205,000 43,827 1,142,284 18,889 15 G1908 Clw Airpark FDOT Security Grant 75,000 75,000 5,000 80,000 64,109 10,891 5,000 16 G2009 Ground Support Equip Replace 0 19,467 19,467 19,466 - 1 G2012 Clw Airpark Vehicle Replace 0 32,018 32,018 - - 32,018 Sub-Total 1,729,000 1,780,485 10,000 1,790,485 500,032 1,153,175 137,278 Libraries 93527 Books & Other Lib Materials 7,696,601 7,696,601 7,696,601 7,605,352 - 91,249 93530 Consolidated Eastside/SPC Libr 6,250,000 6,250,000 6,250,000 5,295,761 - 954,239 93532 Libr Maker Space Maint. & Up 257,560 257,560 257,560 129,401 51,193 76,966 93534 Library FF&E Repair & Replace 335,000 335,000 335,000 132,651 2,546 199,802 93535 Countryside Library Demolition 75,000 75,000 75,000 - - 75,000 Sub-Total 14,614,161 14,614,161 0 14,614,161 13,163,165 53,740 1,397,256 Garage 94233 Motorized Equip-Cash II 2,081,156 2,081,156 2,081,156 2,002,893 - 78,263 94238 Police Vehicles 3,319,686 3,319,686 3,319,686 2,939,891 355,002 24,793 94241 Motorized Equip Replace - L/P 38,808,946 38,807,265 38,807,265 38,807,265 - 0 C 94246 Fleet Management & Mapping 710,000 710,000 710,000 464,980 - 245,020 94627 Misc Budgetary Vehicle Addition 167,799 191,617 191,617 183,449 - 8,168 C1901 Beach Radio Tower 852,370 852,370 852,370 - - 852,370 GSFL180001 Fleet Facility R&R 269,520 269,520 269,520 11,747 - 257,773 GSFL180002 P25 Radio Equipment & Infrast 2,200,000 2,200,000 (2,143,104)56,896 56,896 - 0 C 17 L1910 Motorized Equipment Replace 8,732,446 8,734,127 8,734,127 4,741,311 2,586,014 1,406,802 L1911 Off Cycle Equipment Replace 200,000 200,000 35,227 235,227 97,184 108,360 29,683 18 M2010 P25 Radio Equipment & Infrast 0 0 443,104 443,104 - - 443,104 19 Sub-Total 57,341,923 57,365,741 (1,664,773) 55,700,967 49,305,615 3,049,376 3,345,976 Maintenance of Buildings C1907 City Hall Hardening 100,000 100,000 100,000 - - 100,000 C1909 City Hall Move 383,085 383,085 383,085 380,569 2,000 516 ENGF180012 Public Works Complex 1,615,664 1,615,664 1,615,664 1,926 - 1,613,738 GSBM180001 Air Cond Replace-City Wide 754,436 754,436 754,436 644,417 12,000 98,019 GSBM180002 Flooring for Facilities 1,127,837 1,127,837 1,127,837 563,745 2,005 562,087 GSBM180003 Roof Repair and Replacement 1,545,409 1,545,409 1,545,409 892,327 - 653,083 GSBM180004 Painting of Facilities 592,923 592,923 592,923 82,205 - 510,718 GSBM180005 Fencing of Facilities 143,170 143,170 143,170 73,199 - 69,970 GSBM180006 Light Replacement & Repair 378,197 378,197 378,197 266,322 - 111,874 GSBM180007 Elevator Refurbish/Modern 560,576 560,576 560,576 11,118 - 549,458 GSBM180008 B&M Vehicle & Equipment 1,318,377 1,318,377 1,318,377 638,008 680,370 GSBM180009 New A/C Chiller System 4,350,000 4,350,000 4,350,000 1,754,178 28,483 2,567,339 GSBM180010 General Services R&R 325,000 325,000 325,000 236,099 - 88,901 GSBM180011 Generator Maintenance 550,000 550,000 550,000 - - 550,000 GSBM180012 General Faci Bldg Major Reno 1,935,242 1,935,242 1,935,242 130,775 - 1,804,467 L1902 B&M Vehicle & Equipment 65,000 65,000 65,000 - 35,046 29,955 Sub-Total 15,744,916 15,744,916 0 15,744,916 5,674,887 79,534 9,990,495 Miscellaneous 94729 City-wide Connect Infra 3,923,089 3,923,089 3,923,089 3,563,960 - 359,129 94736 Geographic Information Sys 1,160,997 1,160,997 1,160,997 954,455 - 206,542 ENGF180010 Pollutant Storage Tank 379,408 379,408 379,408 43,380 - 336,028 ENGF180011 Environmental Assmt & Clean-up 663,636 663,636 663,636 79,754 2,536 581,346 L1908 Network Infra & Server R&R 1,343,191 1,343,191 1,343,191 1,100,568 82,644 159,979 M1912 Network Infra & Server Upgrade 121,048 148,226 148,226 52,941 - 95,285 L1907 IT Disaster Recovery 205,396 205,396 205,396 57,869 - 147,527 M1911 IT Disaster Recovery Equipment 100,000 100,000 100,000 - - 100,000 L1906 Telecommunications Upgrade 519,047 519,047 519,047 - - 519,047 94828 Financial Systems Upgrades 4,058,165 4,058,165 4,058,165 2,528,512 242,724 1,286,930 94829 CIS Upgrades / Replacement 1,097,376 1,097,376 1,097,376 428,583 - 668,793 94830 MS Licensing / Upgrades 1,100,000 1,100,000 1,100,000 842,601 16,201 241,198 94833 Computer Monitors 409,828 409,828 409,828 392,266 - 17,562 94850 Backfile Conversion of Records 500,000 500,000 500,000 187,660 - 312,340 94857 Accela Permit & Code Enforce 300,000 300,000 300,000 208,145 - 91,855 94861 Library Technology 1,450,000 1,450,000 1,450,000 1,307,169 - 142,831 94873 Citywide Camera System 285,000 285,000 285,000 118,298 46,945 119,757 94874 City Enterprise Timekeep Sys 310,000 310,000 310,000 182,082 5,620 122,298 26 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY THIRD QUARTER: October 1, 2019 to June 30, 2020 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/19 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Miscellaneous (continued) 94880 Granicus Agenda Mgt Sys 160,000 160,000 160,000 41,136 - 118,864 94883 Business Proc Review & Improve 650,000 650,000 650,000 275,738 369 373,893 94888 City EOC & Disaster Recovery Fac 3,360,000 3,360,000 3,360,000 2,767,870 227,535 364,595 94890 Enterprise Adv Audio Video R&R 1,063,000 472,822 472,822 472,822 - 0 ENGF180013 Imagine Clearwater 13,723,329 12,241,322 12,241,322 5,887,660 3,223,535 3,130,127 C2006 ADA Transition Plan 300,000 300,000 300,000 - - 300,000 M1914 Sustainability Initiatives 100,000 200,000 200,000 - - 200,000 M2007 City EOC & Disaster Recover R&R 50,000 50,000 50,000 - - 50,000 C2007 Citywide Audio/Visual Solutions 0 115,053 115,053 - - 115,053 Sub-Total 37,332,510 35,502,556 - 35,502,556 21,493,470 3,848,108 10,160,978 UTILITIES Stormwater Utility ENST180001 Stormwater System Improve 10,301,097 10,316,090 10,316,090 2,040,907 217,154 8,058,029 ENST180002 Allen's Creek Improvement 2,816,271 2,816,271 2,816,271 1,525,528 1,150,982 139,760 ENST180003 Stormwater System Expansion 1,815,576 1,815,576 1,815,576 - - 1,815,576 ENST180004 Stevenson Creek 4,105,686 4,105,686 4,105,686 1,900 38,958 4,064,828 ENST180005 Coastal Basin Projects 3,868,285 4,629,418 4,629,418 849,018 1,054,565 2,725,835 ENST180006 Alligator Creek Watershed Proj 5,263,132 5,263,132 5,263,132 390,072 44,267 4,828,793 ENST180008 Hillcrest Bypass Culvert 4,096,167 4,096,167 4,096,167 3,330,702 446,181 319,284 ENST180009 East Gateway Improvements 3,519,273 2,758,140 2,758,140 2,758,140 - (0) ENST180010 Lower Spring Branch Improve 2,320,000 2,320,000 2,320,000 155,848 153,196 2,010,956 C1908 Stormwater Vehicles & Equip 2,875,500 2,875,500 2,875,500 2,549,962 - 325,538 Sub-Total 40,980,986 40,995,979 0 40,995,979 13,602,078 3,105,303 24,288,598 Water System 96721 System R & R - Maintenance 4,035,686 4,035,686 4,035,686 2,606,679 81,279 1,347,728 96722 Line Relocation - Maintenance 8,017,305 8,041,545 8,041,545 2,931,868 564,297 4,545,380 96739 Reclaimed Water Dist Sys 46,686,453 46,686,453 46,686,453 46,046,437 411,198 228,818 96740 Water Supply/Treatment 2,626,926 2,626,926 2,626,926 2,626,926 - 0 96742 Line Relocation-Capitalized 7,998,570 7,998,570 7,998,570 6,628,313 - 1,370,257 96744 System Expansion 3,343,743 3,343,743 3,343,743 3,060,635 - 283,108 96764 RO Plant Exp Res #1 14,659,408 14,706,215 14,706,215 12,846,459 5,779 1,853,978 M1908 RO Plant Exp Res #1 R&R 1,000,000 1,000,000 1,000,000 - 39,185 960,815 96767 RO Plant at Res #2 43,092,939 43,095,439 43,095,439 41,434,004 1,206,798 454,638 M1909 RO Plant at Res #2 R&R 1,050,000 1,050,000 1,050,000 - - 1,050,000 96773 Groundwater Replenishm Fac 20,900,118 20,900,118 20,900,118 5,902,487 - 14,997,631 96782 RO Plant @WTP #3 1,510,000 1,599,594 1,599,594 218,585 - 1,381,009 96783 Water Sys Upgrades/Improve 3,849,000 3,849,000 3,849,000 953,987 205,214 2,689,799 96784 Reclaim Water Distrib Sys R&R 2,094,584 2,095,253 2,095,253 417,194 261,454 1,416,605 96785 Feasibility Studies/Evalu - Water 3,655,000 3,655,000 3,655,000 1,736,486 753,064 1,165,451 96786 Devices/Equipments - Water 600,000 600,000 600,000 - - 600,000 L1905 Vehicle & Equipment - Water 146,000 125,212 125,212 125,212 - 0 Sub-Total 165,265,732 165,408,754 0 165,408,754 127,535,272 3,528,267 34,345,215 Sewer System 96212 Sanitary Sewer Upgrades/Impr 14,004,551 14,004,551 14,004,551 6,309,270 3,961,181 3,734,100 96213 Marshall Street Upgrades/Impr 7,294,299 7,294,299 7,294,299 3,615,457 1,656,179 2,022,663 M1905 Marshall Street Plant R&R 2,900,000 2,900,000 2,900,000 46,615 12,729 2,840,657 96214 East Plant Upgrades/Improve 2,700,000 2,700,000 2,700,000 320,494 104,983 2,274,523 M1907 East Plant R&R 2,570,000 2,570,000 2,570,000 - 131,580 2,438,420 96215 N.E. Plant Upgrades/Improve 17,042,600 17,042,600 17,042,600 1,431,834 233,024 15,377,742 M1906 Northeast Plant R&R 1,219,313 1,219,313 1,219,313 233,634 - 985,679 96216 Laboratory Upgrade/Improve 1,155,079 1,155,079 1,155,079 12,168 2,690 1,140,222 96217 Pump Station R&R 1,950,192 1,950,192 1,950,192 507,334 - 1,442,858 96219 Devices/Equip Sewer Division 446,274 446,274 (145,377)300,897 300,898 - (0)20 96630 Sanitary Sewer Extension 15,778,410 15,778,410 15,778,410 13,631,051 241,172 1,906,187 96634 Sanitary Sewer Relocation 6,477,352 6,501,337 6,501,337 4,688,513 25,977 1,786,848 96645 Laboratory Upgrade & R&R 1,803,627 1,803,627 1,803,627 1,783,627 - 20,000 96654 Facilities Upgrade & Improve 15,646,911 15,646,911 15,646,911 14,263,002 258,998 1,124,911 96664 Water Pollution Control R & R 28,375,864 28,375,864 28,375,864 16,941,586 1,058,165 10,376,113 96665 Sanitary Sewer R&R 41,827,082 41,828,082 145,377 41,973,459 29,190,520 7,766,159 5,016,780 21 96686 Pump Station Replacement 6,832,682 6,832,682 6,832,682 4,411,149 542,999 1,878,534 L1903 Generators - Sewer Fund 420,000 404,250 404,250 404,250 - 0 L1904 Vehicle & Equip-Sewer 551,000 498,701 498,701 498,701 - 0 M1910 Water Treatment Plant #3 R&R 318,851 318,851 318,851 - - 318,851 M2008 Vehicle and Equip-Sewer 26,000 26,000 26,000 25,245 - 755 Sub-Total 169,340,086 169,297,022 0 169,297,022 98,615,347 15,995,835 54,685,840 27 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY THIRD QUARTER: October 1, 2019 to June 30, 2020 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/19 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Gas System 96358 Environmental Remediation 2,384,794 2,134,794 2,134,794 1,769,810 39,124 325,860 96365 Line Relocation-Pinellas Maint 756,106 756,106 756,106 516,773 71,382 167,952 96367 Gas Meter Change Out-Pinellas 3,863,000 3,863,000 3,863,000 3,798,254 - 64,746 96374 Line Relocation-Pinellas Capital 2,432,890 2,433,500 2,433,500 2,366,309 14,640 52,551 96376 Line Relocation - Pasco Maint 283,593 283,593 283,593 142,810 - 140,783 96377 Pinellas New Main / Serv Lines 33,051,118 33,310,791 33,310,791 32,731,037 - 579,754 96378 Pasco New Mains / Serv Lines 20,364,858 20,376,741 20,376,741 19,067,850 114,302 1,194,589 96379 Pasco Gas Meter Change Out 892,821 892,821 892,821 792,581 - 100,240 96381 Line Reloc-Pasco-Capitalized 887,386 909,151 909,151 834,256 39,622 35,273 96382 Gas Inventory - Work Mgmt Sys 992,000 992,000 992,000 856,268 - 135,732 96384 Gas System - Pinellas Building 28,855,055 28,857,855 28,857,855 24,112,457 2,125,032 2,620,366 96385 Gas Main Extensions 1,557,845 1,557,845 250,000 1,807,845 1,467,355 - 340,490 22 96386 Expanded Energy Conservation 11,591,479 11,609,835 11,609,835 10,470,908 - 1,138,927 96387 Natural Gas Vehicle 5,731,069 6,524,584 6,524,584 4,659,771 129,536 1,735,277 96389 Future IMS Software & Hardware 450,000 450,000 450,000 354,293 - 95,707 96390 Gas Vehicle Additions 473,294 473,294 473,294 428,294 45,000 (0) 96391 Gas System Pasco Building 700,000 200,000 200,000 - - 200,000 96392 Gas Equipment Additions 189,278 189,278 189,278 189,278 - 0 M1904 Pinellas Building Equip R&R 400,000 400,000 400,000 - - 400,000 Sub-Total 115,856,586 116,215,188 250,000 116,465,188 104,558,302 2,578,638 9,328,247 Solid Waste 96426 Facility R & R 2,777,608 2,777,608 2,777,608 1,761,549 - 1,016,059 96443 Res Container Acquisition-II 2,101,741 2,101,741 2,101,741 1,535,205 - 566,536 96444 Comm Container Acquisition-II 4,380,020 4,195,420 4,195,420 3,582,408 - 613,012 96445 Solar Trash & Recycling Kiosks 314,414 314,414 314,414 239,182 - 75,232 SRTS180001 S.W.Transfer Station Rebuild 19,650,130 19,650,130 19,650,130 18,131,867 917,869 600,395 96448 Solid Waste CNG Station 150,000 150,000 150,000 - - 150,000 96449 Solid Waste Truck Wash Fac 555,500 555,500 555,500 - - 555,500 C2005/L2005 Underground Refuse Program 0 1,570,090 1,570,090 101,658 1,274,745 193,687 Sub-Total 29,929,413 31,314,903 0 31,314,903 25,351,869 2,192,614 3,770,420 Utility Miscellaneous 96523 Pub Utilities Adm Bldg R&R 858,828 858,828 858,828 738,818 - 120,009 96526 Public Utility Admin Building 804,306 804,306 804,306 - - 804,306 Sub-Total 1,663,134 1,663,134 0 1,663,134 738,818 0 924,315 Recycling 96804 Recycling Carts/Dumpsters 1,306,650 1,306,650 1,306,650 850,072 - 456,578 96805 Recycling Expan/Particip/R&R 1,321,525 1,321,525 1,321,525 1,184,376 - 137,149 96811 Purchase of Transfer Tractors 408,000 408,000 408,000 395,983 - 12,017 SR00180003 Processing Ctr Building Replace 3,862,633 3,862,633 3,862,633 4,025 - 3,858,607 Sub-Total 6,898,808 6,898,808 0 6,898,808 2,434,456 0 4,464,352 TOTAL ALL PROJECTS 808,795,246 810,086,115 (1,421,666) 808,664,449 542,267,680 49,874,998 216,521,771 28 Special Program Fund Third Quarter Budget Amendments October 1, 2019 - June 30, 2020 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment General Government Programs Lien Foreclosure Program 1 M1913 43,578 To record a budget increase of $43,578.39 in fine revenues to bring the budget in line with actual receipts.43,578 General Government Totals:43,578 - 43,578 Public Safety Programs Foreclosure Registry - Nuisance Abatement 2 98609 6,700 To record a budget increase of $6,700.00 which represents foreclosure registry fees collected to date to bring the budget in line with actual receipts.6,700 Hurricane Irma 3 98610 82,749 To record a budget increase of $82,748.51 in federal and state Irma reimbursements to bring the budget in line with actual receipts.82,749 Police Extra Duty 4 99215 202,642 (9,485) To record a budget increase of $202,642.00 in police service revenue to bring the budget in line with actual receipts. To record a transfer of $9,485.00 in police service revenue to program 99350,Vehicle Replacement representing revenue collected for vehicle usage on extra duty jobs. 193,157 Police Education Fund 5 99317 5,895 To record a budget increase of $5,894.98 in police education fine revenue which will bring the budget in line with actual receipts.5,895 Investigative Cost Recovery 6 99329 46,716 (181,526) To record a budget increase of $16,279.92 in federal grant revenues;and an increase of $30,435.73 in fines,forfeitures and penalties revenue which will bring the budget in line with actual receipts. Amendments also,include a transfer of $181,526.00 in fines, forfeitures and penalties revenue to new project P2001,Police Boat Replacement as approved by Council on August 20, 2020.(134,810) Florida Contraband Forfeiture Fund 7 99330 151,104 To record a budget increase of $151,104.11 fines,forfeitures and penalties revenue which will bring the budget in line with actual receipts.151,104 29 Special Program Fund Third Quarter Budget Amendments October 1, 2019 - June 30, 2020 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Public Safety Programs (continued) Vehicle Replacement 8 99350 - 9,485 To record a transfer of $9,485.00 in police services revenue from 99215,Police Extra Duty.This represents revenue collected for vehicle usage on extra duty jobs. 9,485 Crime Prevention Program 9 99364 30,000 To record a budget increase of $30,00.00 in donation revenues from Johnson-Lancaster and Associates and Pinch-a-Penny.This will bring the budget in line with actual receipts.30,000 Federal Forfeiture Sharing 10 99387 - (175,306) To record a budget transfer of $175,306.00 in governmental revenue to new project P2002,Police Body Worn Camera Program as approved by Council on August 6, 2020.(175,306) Police Boat Replacement - New Program 11 P2001 - 181,526 To establish the program and record a transfer of $181,526.00 in fines,forfeitures and penalties revenue from 99329,Investigative Cost Recovery as approved by Council on August 20, 2020. 181,526 Police Body Worn Camera Program - New Program 12 P2002 170,857 175,306 To establish the program and record a transfer of $175,306.00 governmental revenue from 99387,Federal Forfeiture Sharing, and $170,857.00 of General Fund revenues as approved by Council on August 6, 2020.346,163 Public Safety Program Totals:696,662 - 696,662 Physical Environment Programs Tree Replacement Program 13 99970 5,040 To record a budget increase of $5,040.00 in fines,forfeiture and penalties revenue to bring the budget in line with actual receipts.5,040 Physical Environment Programs Program: Totals:5,040 - 5,040 30 Special Program Fund Third Quarter Budget Amendments October 1, 2019 - June 30, 2020 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Economic Environment Programs Public Facilities 2020 14 G2004 (22,467) To record a budget transfer of $22,467.00 in Community Development Block Grant (CDBG)revenue to G2101 Public Facilities 2021.(22,467) Economic Development 2020 15 G2005 - (128,039) To record a budget transfer of $128,039.00 in Community Development Block Grant (CDBG)revenue to G2102 Economic Development 2021.(128,039) Infill Housing 2020 - CLOSE PROGRAM 16 G2007 - (86,154) To record a budget transfer of $86,154.00 in Community Development Block Grant (CDBG)revenue to G2104 Infill Housing 2021.(86,154) Back-to-Business Grant Program 17 G2011 50,000 - To record a budget increase of $50,000 in reimbursements from the DDB to assist with the City's grant program.This will bring the budget in line with actual revenue.50,000 Public Facilities 2021 18 G2101 22,467 To record a budget transfer of $22,467.00 in Community Development Block Grant (CDBG)revenue from G2004,Public Facilities 2020.22,467 Economic Development 2021 19 G2102 - 128,039 To record a budget transfer of $128,039.00 in Community Development Block Grant (CDBG)revenue from G2005,Economic Development 2020.128,039 Infill Housing 2021 20 G2104 - 86,154 To record a budget transfer of 86,154.00 in Community Development Bock Grant (CDBG)revenue from G2007,Infill Housing 2020.86,154 Economic Environment Program Totals:50,000 - 50,000 31 Special Program Fund Third Quarter Budget Amendments October 1, 2019 - June 30, 2020 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Culture and Recreation Programs Library Special Account 21 99910 9,500 To record a budget increase of $9,500 in donation revenue to bring the budget in line with actual receipts.9,500 Special Events 22 PRSE190001 25,000 To record a net budget increase of $25,000.00 in sponsorship revenue to bring the budget in line with actual receipts.25,000 Culture and Recreation Program Total:34,500 - 34,500 829,781 - 829,781 Total Budget Increase/(Decrease): 32 SPECIAL PROGRAM STATUS SUMMARY THIRD QUARTER REVIEW: October 1, 2018 to June 30, 2019 Actual Expenditures Budget Amended Revised Project Open Available Amend Description Budget Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref GENERAL GOVERNMENT PROGRAMS 99421 Housing Consulting Service 115,000 115,000 - 115,000 49,334 - 65,666 99857 Stimulus - Elctrnc Plan Submittal & Rev 289,000 289,000 - 289,000 149,927 - 139,073 99868 Federal Early Retiree Reinsurance 651,500 651,500 - 651,500 559,222 - 92,279 99925 Peg Access Support 838,261 838,261 - 838,261 836,917 - 1,344 99928 Nagano Sister City Program 266,759 266,759 - 266,759 172,402 7,500 86,857 M1913 Lien Foreclosure Program 255,553 506,290 43,578 549,868 204,434 - 345,434 1 Sub-Total 2,416,073 2,666,809 43,578 2,710,387 1,972,235 7,500 730,653 PUBLIC SAFETY PROGRAMS 98609 Foreclosure Rgstry-Nuesance Abtmnt 97,900 123,800 6,700 130,500 21,513 - 108,988 2 98610 Hurricane Irma 1,511,864 2,532,457 82,749 2,615,205 2,706,118 - (90,913) 3 99215 Police Extra Duty 3,323,638 3,883,459 193,157 4,076,616 3,808,851 - 267,765 4 99241 Human Trafficking Overtime 87,000 87,000 - 87,000 70,954 - 16,046 99279 Police Recruitments 171,010 171,010 - 171,010 66,906 - 104,104 99281 Fed Forfeitures - Treasury 194,515 196,150 - 196,150 120,171 - 75,980 99316 Police Volunteers 153,519 153,519 - 153,519 143,077 - 10,442 99317 Police Education Fund 1,363,042 1,385,885 5,895 1,391,780 1,304,567 - 87,212 5 99329 Investigative Recovery Costs 2,602,600 2,736,772 (134,810) 2,601,962 2,360,576 9,134 232,252 6 99330 FL Contraband Forfeiture Fnd 1,028,533 911,068 151,104 1,062,172 757,538 - 304,634 7 99350 Vehicle Replacement Fund 398,195 457,537 9,485 467,022 252,888 38,878 175,256 8 99356 Safe Neighborhood Program 1,216,702 1,341,846 - 1,341,846 1,174,404 5,447 161,995 99364 Crime Prevention Program 161,284 174,374 30,000 204,374 148,358 12,329 43,688 9 99387 Federal Forfeiture Sharing 2,477,549 2,598,596 (175,306) 2,423,290 1,817,512 33,033 572,745 10 99927 Emergency Operations 4,144,887 4,118,821 - 4,118,821 3,097,803 2,000 1,019,018 99982 EMS Incentive/Recognition 69,700 69,700 - 69,700 41,088 - 28,612 G1802 2017 JAG Grant 46,977 46,977 - 46,977 46,977 - - G1804 2019 HVE Ped & Bicycle Safety 50,000 49,762 - 49,762 49,762 - 0 G2003 2020 HVE Ped & Bicycle Safety - 80,000 - 80,000 58,128 - 21,872 P1801 School Resource Officers 599,965 1,070,735 - 1,070,735 870,856 - 199,879 D2001 COVID-19 Prep & Response - 200,000 - 200,000 147,103 36,213 16,684 P2001 Police Boat Replacement - - 181,526 181,526 - - 181,526 11 P2002 Police Body Worn Camera Program - - 346,163 346,163 - - 346,163 12 Sub-Total 19,698,880 22,389,468 696,662 23,086,130 19,065,148 137,034 3,883,948 PHYSICAL ENVIRONMENT PROGRAMS 99970 Tree Replacement Project 1,599,914 1,914,539 5,040 1,919,579 922,755 24,509 972,315 13 Sub-Total 1,599,914 1,914,539 5,040 1,919,579 922,755 24,509 972,315 TRANSPORTATION PROGRAMS 98604 2016 Clearwater Ferry 519,120 519,120 - 519,120 519,120 - - Sub-Total 519,120 519,120 - 519,120 519,120 - - ECONOMIC ENVIRONMENT PROGRAMS 99538 Affordable Housing Imp Fees 447,612 453,872 - 453,872 453,872 - 0 99729 Joint Hercules Pln & Econ Study 150,000 150,000 - 150,000 - - 150,000 99764 Public Facilities 2018 448,919 443,768 - 443,768 250,534 193,234 - 99767 Infill Housing 2018 74,746 60,899 - 60,899 60,899 - 0 99768 Public Services 2018 106,725 93,985 - 93,985 93,985 - - 99802 Brownfield Revolving Loan 1,206,597 1,216,732 - 1,216,732 420,381 - 796,351 99846 Economic Development - QTI 153,649 153,649 - 153,649 71,591 - 82,058 99871 State Brownfields Redevelopment Acct 165,463 165,463 - 165,463 165,463 - 0 C 99888 ULI Report Implementation 875,000 875,000 - 875,000 875,000 - - G1902 Public Facilities 2019 332,954 319,253 - 319,253 233,920 85,333 - G1903 Economic Development 2019 135,000 55,000 - 55,000 55,000 - - G1904 Program Administration 2019 186,188 165,588 - 165,588 182,988 - (17,400) G1905 Infill Housing 2019 282,297 162,359 - 162,359 162,359 - 0 G1906 Public Services 2019 111,140 107,243 - 107,243 107,243 - - G2004 Public Facilities 2020 113,938 252,812 (22,467) 230,345 345 99,000 131,000 14 G2005 Economic Development 2020 188,039 188,039 (128,039) 60,000 13,875 46,125 - 15 G2006 Program Administration 2020 261,309 261,309 - 261,309 111,849 - 149,460 33 SPECIAL PROGRAM STATUS SUMMARY THIRD QUARTER REVIEW: October 1, 2018 to June 30, 2019 Actual Expenditures Budget Amended Revised Project Open Available Amend Description Budget Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref ECONOMIC ENVIRONMENT PROGRAMS (continued) G2007 Infill Housing 2020 86,154 86,154 (86,154) - - - - C 16 G2008 Public Services 2020 114,600 114,603 - 114,603 81,145 33,458 - M2009 Afford Housing & Comm Development - 290,853 - 290,853 - - 290,853 G2010 CDBG-CV Fund - 623,592 623,592 10,025 - 613,567 G2011 Back to Business Grant Program - 3,500,000 50,000 3,550,000 720,000 - 2,830,000 17 G2101 Public Facilities 2021 - - 22,467 22,467 - 22,467 18 G2102 Economic Development 2021 - - 128,039 128,039 - 128,039 19 G2104 Infill Housing 2021 - - 86,154 86,154 - 86,154 20 Sub-Total 5,440,332 9,740,174 50,000 9,553,514 4,070,474 457,150 5,025,890 HUMAN SERVICES PROGRAMS 98601 Next Steps to Better Nutrition 10,000 10,000 - 10,000 6,544 - 3,456 98606 Senior Citizens Services - EBWP 24,960 24,960 - 24,960 24,960 - - 98607 Senior Citizens Services - Trips 14,000 14,000 - 14,000 10,858 - 3,142 99562 HUD Special Education 30,000 30,000 - 30,000 27,600 - 2,400 99844 United Way 13,580 13,580 - 13,580 10,883 - 2,697 99869 Health Prevention Program 195,269 195,269 - 195,269 176,019 - 19,251 99872 Coordinated Child Care - Ross Norton 2,718,545 3,171,577 - 3,171,577 2,278,681 3,000 889,896 Sub-Total 3,006,354 3,459,386 - 3,459,386 2,535,545 3,000 920,842 CULTURE AND RECREATION PROGRAMS 98608 Clark-Turner Trust (Library)106,077 106,077 - 106,077 - - 106,077 99910 Library Special Account 856,908 880,899 9,500 890,399 841,531 - 48,869 21 G1907 Clearwater for Youth Grants 18,000 18,000 - 18,000 8,278 - 9,722 PRSE190001 Special Events 1,737,345 2,466,950 25,000 2,491,950 2,228,635 18,341 244,975 22 Sub-Total 2,718,330 3,471,926 34,500 3,506,426 3,078,443 18,341 409,642 TOTAL ALL PROJECTS 35,399,003 44,161,423 829,781 44,754,544 32,163,720 647,534 11,943,289 34 City of Clearwater SPECIAL DEVELOPMENT FUND THIRD QUARTER FY 2019/20 Increase/ (Decrease)Description Revenues Ad Valorem Taxes 13,865 An increase in ad valorem taxes to bring the budget in line with actual receipts for the year. Local Option Gas Tax (140,000) A decrease in Local Option Gas Tax revenues to bring the budget in line with anticipated receipts for the year. Sales Tax Infrastructure (300,000) An increase in Sales Tax Infrastructure revenues to bring the budget in line with anticipated receipts for the year. Open Space Fees 261,609 An increase in open space fees to bring the budget in line with actual receipts for the year. Recreation Facility Impact Fees 125,950 An increase in recreation facility impact fees to bring the budget in line with actual receipts for the year. Recreation Land Impact Fees 744,584 An increase in recreation land impact fees to bring the budget in line with actual receipts for the year. Interest Earnings 375,000 An increase in interest earnings to bring the budget in line with anticipated receipts for the year. Fee in Lieu of Sidewalks 59,171 An increase in fee in lieu of sidewalks to bring the budget in line with actual receipts for the year. 1,140,179$ Net Revenue Amendments Expenditures No amendments are proposed to Special Development Fund expenditures at third quarter. -$ Net Expenditure Amendments 35 SPECIAL REVENUE FUNDS Third Quarter: October 1, 2019 - June 30, 2020 Original First Quarter Mid Year Third Quarter Budget Amended Budget Amended Budget Amended Budget 2019/20 2019/20 2019/20 2019/20 Amendments Revenues: Ad Valorem Taxes 3,247,290 3,247,290 3,247,290 3,261,155 13,865 Infrastructure Tax 11,763,080 11,763,080 11,763,080 11,463,080 (300,000) Interest Earnings 550,000 550,000 550,000 925,000 375,000 Open Space Fees - - - 261,609 261,609 Recreation Facility Impact Fees - - - 125,950 125,950 Recreation Land Impact Fees - - - 744,584 744,584 Fee in Lieu of Sidewalks - - - 59,171 59,171 Multi-Modal Impact Fees 150,000 150,000 150,000 150,000 - Local Option Gas Tax 1,516,150 1,516,150 1,516,150 1,376,150 (140,000) Allocation of Assigned Fund Balance 2,057,170 2,057,170 2,057,170 2,057,170 - 19,283,690 19,283,690 19,283,690 20,423,869 1,140,179 Expenditures: Transfer to Capital Improvement Fund - Road Millage 3,247,290 3,247,290 3,247,290 3,247,290 - Infrastructure Tax 13,820,250 13,820,250 13,820,250 13,820,250 - Multi-Modal Impact fees 140,000 140,000 140,000 140,000 - Local Option Gas Tax 1,427,120 1,427,120 1,427,120 1,427,120 - 18,634,660 18,634,660 18,634,660 18,634,660 - SPECIAL DEVELOPMENT FUND 36 SPECIAL REVENUE FUNDS Third Quarter: October 1, 2019 - June 30, 2020 Original First Quarter Mid Year Third Quarter Budget Amended Budget Amended Budget Amended Budget 2019/20 2019/20 2019/20 2019/20 Amendments Revenues: CDBG Program Income 764,040 764,040 764,040 764,040 - Interest Earnings 100,000 143,006 143,006 143,006 - Intergovernmental Revenue - 1,232,356 2,759,277 2,892,026 132,749 Charges for Service Revenue - 457,913 693,424 927,766 234,342 Judgments, Fines and Forfeit Revenue - 521,356 769,930 1,022,263 252,333 Miscellaneous Revenue - 472,991 996,783 1,036,283 39,500 Transfers from General Fund:- - 3,500,000 3,670,857 170,857 Sister City Program 37,380 37,380 37,380 37,380 - United Way Campaign Fund 1,500 1,500 1,500 1,500 - Special Events 349,730 349,730 349,730 349,730 - Economic Development QTI 13,230 13,230 13,230 13,230 - Police Recruitments 30,000 30,000 30,000 30,000 - 1,295,880 4,023,502 10,058,301 10,888,081 829,781 Expenditures: General Government 37,380 94,580 288,116 331,695 43,578 Public Safety 30,000 1,405,779 2,720,588 3,417,250 696,662 Physical Environment - 311,217 314,625 319,665 5,040 Transportation - - - - - Economic Environment 516,960 824,211 4,816,803 4,866,803 50,000 Human Services 1,500 454,532 454,532 454,532 - Culture and Recreation 349,730 572,873 1,103,327 1,137,827 34,500 Interfund Transfers 260,310 260,310 260,310 260,310 - Transfer to Capital Fund - - - - - 1,195,880 3,923,502 9,958,301 10,788,081 829,781 Revenues: HOME Investment Partnerships 383,980 383,980 383,980 383,980 - State Housing Initiatives Partnerships 262,000 262,000 262,000 262,000 - Total - HOME/SHIP Funds 645,980 645,980 645,980 645,980 - Expenditures: Economic Environment 551,380 551,380 551,380 551,380 - Interfund Transfers 94,600 94,600 94,600 94,600 - Total - HOME/SHIP Programs 645,980 645,980 645,980 645,980 - SPECIAL PROGRAM FUND LOCAL HOUSING ASSISTANCE TRUST FUND 37 ADMINISTRATIVE CHANGE ORDERS Third Quarter Review FY 2019/20 38 In accordance with City of Clearwater Code Section 2.564(2), the City Manager may approve and execute change orders without City Council approval within certain limitations. The following change orders have been administratively approved since the last report to the Council based on the code specified criteria: 1. Increases do not exceed 10% over Council approved amount on a cumulative basis. 2. Change does not change the scope of a project. 3. Price increases do not require additional appropriation to the project. 4. Contract price decreases may be approved without limitation. 5. The time for completion may not be extended by more than sixty (60) days, in any one change or cumulatively for the same project. ***** 06/08/20 Administrative Change Order #1 – Underground Refuse (19-0003-SW). This change order increases and adds items to add survey to detect utility conflicts resulting in a net increase to the contract. Biltmore Construction Co., Inc. 19,326.00 07/20/20 Administrative Change Order #4 & Final – Hillcrest Avenue Bypass Culvert (13-0042-EN). This change order decreases, increases, and adds items and adds 40 calendar days to the contract in accordance with field conditions to close the contract resulting in a net decrease to the contract. Keystone Excavators, Inc. (315,491.66) 07/29/20 Administrative Change Order #1 & Final – 2019 City Seawalls (19-0003- SW). This change order decreases, increases, and adds items in accordance with field conditions to close the contract resulting in a net increase to the contract. Waterfront Engineering, Inc. 11,690.22 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8221 Agenda Date: 10/1/2020 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 10.1 SUBJECT/RECOMMENDATION: Accept a Gas Utility Easement from Jones Properties, LLC, for the construction, installation, and maintenance of gas utility facilities on real property located at 14219 Walsingham Road, Largo, FL and adopt Resolution 20-48. SUMMARY: Jones Properties, LLC (Grantor) has granted a non-exclusive five-foot wide natural gas easement, on property located at 14219 Walsingham Road, in Largo (Parcel ID# 07-30-15-00000-430-1000) for the installation of a natural gas distribution line. This main line will serve a commercial restaurant (Localz Bar & Grill). The easement grant is sufficient for the City to maintain and replace its facilities as necessary in perpetuity, or until such time as the City determines to abandon its use. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 10/1/2020 Resolution No. 20-48 RESOLUTION NO. 20-48 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA ACCEPTING A UTILITY EASEMENT FROM JONES PROPERTIES, LLC, FOR THE CONSTRUCTION, INSTALLATION, AND MAINTENANCE OF CITY UTILITY FACILITIES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater needs a utility easement from JONES PROPERTIES, LLC, for the construction, installation and maintenance of certain utility facilities; and WHEREAS, by this Resolution, the City Council of the City of Clearwater wishes to accept said grant of easement; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER FLORIDA: Section 1. The City Council of the City of Clearwater hereby accepts the Utility Easement, a copy of which is attached hereto and incorporated herein as Exhibit “A” to Resolution 20-48. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this ______ day of _________________, 2020. ________________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ___________________________ ________________________________ Laura Mahony Rosemarie Call Assistant City Attorney City Clerk Sketch of Description (To be replaced with original document) [A04-02064 /176103/1] Exhibit A Localz Bar & Grill 14219 Walsingham Rd. Largo, FL 33774 – Parcel ID#: 07-30-15-00000-430-1000 Walsingham Rd. Oakhurst Rd. Indian Rocks Rd. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: Resolution 20-42 Agenda Date: 10/1/2020 Status: City Manager ReportVersion: 1 File Type: ResolutionIn Control: Engineering Department Agenda Number: 10.2 SUBJECT/RECOMMENDATION: Accept a Sidewalk Easement from Central Properties Inc., as Trustee of the Baymont Trust, for the repair, maintenance, and replacement of a public sidewalk on real property located at 499 Mandalay Avenue and adopt Resolution 20-42. SUMMARY: The Sidewalk Easement will allow the city rights for repair, maintenance, and replacement of a public sidewalk on the commercial site. The City Engineering Department recommends acceptance of the easement. Page 1 City of Clearwater Printed on 10/1/2020 Resolution No. 20-42 RESOLUTION NO. 20-42 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA ACCEPTING A SIDEWALK EASEMENT FROM CENTRAL PROPERTIES, INC., AS TRUSTEE OF THE BAYMONT TRUST, FOR THE REPAIR, MAINTENANCE AND REPLACEMENT OF A PUBLIC SIDEWALK AT 499 MANDALAY AVE.; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater requires a sidewalk easement from Central Properties Inc., as Trustee of the Baymont Trust, for the repair, maintenance and replacement of a public sidewalk; and WHEREAS, by this Resolution, the City Council of the City of Clearwater wishes to accept said grant of easement; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER FLORIDA: Section 1. The City Council of the City of Clearwater hereby accepts the Sidewalk Easement, a copy of which is attached hereto and incorporated herein as Exhibit “A” to Resolution 20-42. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this ______ day of _________________, 2020. ________________________________ Frank Hibbard Mayor Approved as to form: Attest: ___________________________ ________________________________ Laura Mahony Rosemarie Call Senior Assistant City Attorney City Clerk EXHIBIT A TO RESOLUTION 20-42 BAYMONT ST MANDALAY AVE POINSETTIA AVE 4947414345484 490 482 500 486 499 477 AERIAL MAP PROPOSED NEW SIDEWALK EASEMENT Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Location Maps\499 Mandalay_Ave_Aer2020.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: Proposed New Sidewalk Easement499 Mandalay Ave. Page: 1 of 18/13/2020Date:267AGrid #:WDMap Gen By:RBReviewed By:8-29s-15eS-T-R: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8262 Agenda Date: 10/1/2020 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 10.3 SUBJECT/RECOMMENDATION: Continue to November 19, 2020: Approve Construction Manager at Risk (CMAR) proposal from Skanska, Inc. of Tampa, FL, for the renovations of the Clearwater Main Library for Imagine Clearwater (17-0031-EN) at the Guaranteed Maximum Price (GMP) of $6,420,156.69 and authorize the appropriate officials to execute same. (consent) SUMMARY: December 19, 2019, City Council approved RFQ #52-19 selecting Skanska as CMAR to provide construction services for Imagine Clearwater. A 2015 Urban Land Institute study recommended that the library become more activated and connected to the adjacent park through the addition of more flexible and collaborative spaces. Architecture firm Williamson Dacar Associates was engaged to design the renovations including new entryway and staircase at the south side, new gallery and cafe space, and general upgrades to the first-floor public areas. Construction documents for the renovations to the Clearwater Main Library are complete and Skanska has provided GMP proposal to construct the renovations at the Main Library. Construction is scheduled to begin in mid-October and will be completed in mid September of 2021. APPROPRIATION CODE AND AMOUNT: ENGF180013-CONS-CNSTRC $6,420,156.69 Resolution 19-34 was passed on November 21, 2019, establishing the City’s intent to issue Florida Non-Ad Valorem Revenue Bonds, Series 2020 to finance and/or reimburse a portion of the costs of acquisition, design, construction, reconstruction, renovation, expansion, improving, and equipping of the Imagine Clearwater Project. Ordinance 9357-20 passed on February 6, 2020 authorized the issuance of the bonds. A first quarter budget amendment will increase capital project ENGF180013, Imagine Clearwater, by $30,000,000 in future bond proceeds revenue. Page 1 City of Clearwater Printed on 10/1/2020 Imagine Clearwater Clearwater Main Library Renovation & Addition Proposal with Guaranteed Maximum Price (GMP 2) September 4, 2020 Project Name GMP Proposal Client Name Location, North Carolina Month, Year September 4, 2020 Re: Imagine Clearwater Project No. 17-0031-EN Guaranteed Maximum Price - GMP 2 – Clearwater Main Library Renovation & Addition Dear Mr. Kurtz: Skanska USA Building Inc. is pleased to submit our Guaranteed Maximum Price (GMP 2) for the Imagine Clearwater Clearwater Main Library Renovation & Addition for the above referenced project per Article 4 section 4.1 of the City of Clearwater Agreement between Owner and Construction Manager for Construction Manager at Risk Services. The proposal includes: Guaranteed Maximum Price Cost Summary Assumptions & Clarifications Skanska has reached out the subcontractor market and advertised for bids in accordance with the contract to complete this Guaranteed Maximum Price (GMP 2) based on Williamson Dacar’s 100% Construction Documents. The Guaranteed Maximum Price with some assumptions are included and clarified in the documents on the following pages. Skanska is pleased to submit the Guaranteed Maximum Price (GMP 2) of $6,420,156.69. We look forward to working with Williamson Dacar and The City of Clearwater to complete this project. Please do not hesitate to call if you have any questions regarding our proposal or need additional information. Sincerely, Chuck Jablon Sr. Vice President Skanska USA Building cc: Kenneth Duty (Project Executive, Skanska) Jonathan Meese (Vice President Preconstruction, Skanska) Cynthia Phillips (Preconstruction Manager, Skanska) Scott Davis (General Superintendent, Skanska) Grady Freeman (Superintendent, Skanska) Table of Contents Imagine Clearwater – Clearwater Main Library Renovation & Addition Guaranteed Maximum Price (GMP 2) September 4, 2020 Section 1 – GMP Summary Executive Summary / Project Overview Guaranteed Maximum Price Cost Summary Summary of Bid Package Direct costs Section 2 – Basis of the Guaranteed Maximum Price General Qualifications Milestone Schedule Logistics Plan 1 – GMP Summary Imagine Clearwater – Clearwater Main Library Renovation & Addition Guaranteed Maximum Price (GMP 2) September 4, 2020 Executive Summary / Project Overview This Guaranteed Maximum Price (GMP 2) is based upon the documents prepared by Williamson Dacar Associates, and their consultants, further project scope definition has been developed by Skanska USA Building Inc., and various assumptions that are attached to this proposal. This GMP2 proposal incorporates the value of the library renovation and addition only as per the construction documents produced by Williamson Dacar Associates and as listed in our attached document log and qualified by this GMP 2 proposal. Skanska USA Building Inc. recommends that the attached documents be carefully reviewed; questions and comments be referred back to us for resolution; and the overall project be approved for further progress. Based on the scope of Work, milestone schedule, logistics plan, execution plan, approved Preconstruction Cost Events and other content identified or included in the “Basis of GMP” section, Skanska hereby proposes a Guaranteed Maximum Price (“GMP ”) of $6,420,156.69 to complete such scope of Work for this Project. The Project Milestone Schedule upon which the GMP is based is appended to this GMP Proposal. The Project Schedule identifies the schedule milestones and associated completion dates set forth in Table 1-1 for the Project. Table 1-1 No. Milestone Description Completion Date 1 Issuance of Notice to Proceed October 9, 2020 2 Substantial Completion July 14, 2021 3 Final Completion September 10, 2021 This GMP Proposal is valid for a period of 60 days after the date of this GMP Proposal Page 1 of 35 1 – GMP Summary Imagine Clearwater – Clearwater Main Library Renovation & Addition Guaranteed Maximum Price (GMP 2) September 4, 2020 Guaranteed Maximum Price (GMP 2) Cost Summary Page 2 of 35 1 – GMP Summary Imagine Clearwater – Clearwater Main Library Renovation & Addition Guaranteed Maximum Price (GMP 2) September 4, 2020 Summary of Bid Package Direct Costs Page 3 of 35 2 - Basis of Guaranteed Maximum Price Imagine Clearwater – Clearwater Main Library Renovation & Addition Guaranteed Maximum Price (GMP 2) September 4, 2020 This section of the Guaranteed Maximum Price Proposal describes exclusions, assumptions, and clarifications that have been made to further define the scope of work and bring it in line with the budget for this part of the project. For those items that are identified as excluded, no cost or time has been accounted for in the Guaranteed Maximum Price (GMP 2), despite the items remaining in the 100% Construction Documents. For those items that are clarified, qualified or based on an assumption, the Guaranteed Maximum Price (GMP 2) reflects only the cost and time of the element as assumed or clarified. Any differences to the following exclusions, clarifications and/or assumptions will result in a change to the 100% Construction Documents - Guaranteed Maximum Price (GMP 2). Cost Basis of Guaranteed Maximum Price (GMP 2) Clearwater Main Library Renovation & Addition Skanska USA’s Guaranteed Maximum Price (GMP 2) Clearwater Main Library Renovation & Addition Proposal is based upon the following: 1. Plans, specifications, and RFI responses per the Document List attached 2. Skanska USA’s Guaranteed Maximum Price Proposal - GMP 2 (dated September 4, 2020) 3. The Project Agreement dated December 19, 2019 4. These Exclusions, Qualifications, Assumptions and Owner-Contractor Responsibility Matrix Changes or revisions to the foregoing information will result in a modification to the Guaranteed Maximum Price (GMP 2) and require modifications to the Overall Project Milestone Schedule. Documents, communications and information not included in the foregoing list, including for instance, any Third Party agreements are not accounted for in the Guaranteed Maximum Price (GMP 2) Proposal. As such, the Owner must carefully review all of the criteria used to develop this Guaranteed Maximum Price (GMP 2) Proposal and request any revisions to the same, so that a modified Guaranteed Maximum Price (GMP 2) Proposal can be prepared. Page 4 of 35 2 - Basis of Guaranteed Maximum Price Imagine Clearwater – Clearwater Main Library Renovation & Addition Guaranteed Maximum Price (GMP 2) September 4, 2020 General Qualifications 1. The Guaranteed Maximum Price (GMP 2) is based upon materials with color and configuration from the manufacturer’s standard selections, unless specifically noted otherwise in this document. 2. Special warranties, certifications and other non-essential requirements in excess of manufacturer standard warranties are excluded unless specifically called out in the specifications. 3. Use of union labor/prevailing wage is not mandatory and has not been considered in this GMP. 4. The Guaranteed Maximum Price (GMP 2) does not include the cost of a professional engineer’s stamp on any subcontractor’s or vendor’s shop/fabrication drawings. Where contract documents require that design information be provided by the Construction Manager, design information (including calculations and certifications) will be provided by trade contractors. The Construction Manager will rely on the trade contractor’s in so doing. The Guaranteed Maximum Price does not include any costs and expenses to conduct an independent review of such design information, and does not include costs and expenses resulting from any deficiencies or inaccuracies in these calculations or certifications. 5. Guaranteed Maximum Price (GMP 2) does not include any costs associated with reviews by insurance underwriters such as IRI or FM. 6. Sales tax on materials is included. 7. Guaranteed Maximum Price (GMP 2) proposal assumes unfettered legal access to the project site at all times, limited to areas identified on the Project Logistics Plan for the Library Work. 8. Guaranteed Maximum Price (GMP 2) excludes costs and/or schedule implications related to any unforeseen conditions. 9. Guaranteed Maximum Price (GMP 2) does not include construction activities outside of the defined project limits. 10. The GMP includes an allowance for testing & inspections. This only includes testing and inspections as specified for soils, concrete, steel & fireproofing. 11. All Building Permit Fees are excluded and to be paid by the City. 12. All building permit fees are by the City, Skanska will submit the 100% CDs or a permit set ahead of 100% CDs on behalf of the City to the Building Department for Plans Review with the Building Permit Application at a time authorized / approved by the City. All other plan review submissions to and for other review / permitting agencies such as FDEP, County, City, Health Department, SWFMD, Army Corps, FWC etc… to be made by the City or Engineer of Record. 13. Costs for obtaining any temporary certificate of occupancy permits or any type of intermediary inspections prior to the issuance of the final Certificate of Occupancy are excluded. Page 5 of 35 2 - Basis of Guaranteed Maximum Price Imagine Clearwater – Clearwater Main Library Renovation & Addition Guaranteed Maximum Price (GMP 2) September 4, 2020 14. Execution of any partial GMP Amendment by the Owner is a representation that the Owner has the ability to and will secure funding for the full value of the GMP. 15. The only spare parts, maintenance training and manufacturer service support included in this GMP Proposal are those which are expressly specified in the Specifications as being furnished by Skanska. 16. Commissioning Agent services are excluded, but Skanska will directly or indirectly furnish trade labor to support the commissioning process undertaken by others 17. This GMP 2 excludes impacts, cost and time, associated with plan review comments that require revisions and changes to the work. 18. Refer to Owner-Contractor Responsibility Matrix for additional clarifications as it relates to the scope of work included within the Guaranteed Maximum Price (GMP 2). 19. GMP2 includes maintaining access for city council meetings to be allowed to continue in the current council chambers as well as allow council chambers to be used as a voting center on 11/3/20. Skanska has coordinated the milestone schedule around the current Council Meeting Schedule through 2020 and the first quarter of 2021. 20. Escalation contingency is not included. The Guaranteed Maximum Price (GMP 2) assumes a construction start date no later than the middle of October 2020. 21. This is not a LEED project. Cost to meet LEED requirements that may be included in the specifications are not included in the GMP. 22. The Guaranteed Maximum Price (GMP 2) assumes participation in the Owner’s Direct Purchase (ODP) program given timely approvals are provided to allow release of materials per scheduled completion. Should approval of the Owner Direct Purchase delay release of materials, it will require a schedule extension at additional cost to the Project. Initial credit change orders provided for sales tax savings might be based upon estimated quantities for materials. Any such credits are subject to reconciliation based upon the actual quantities ordered. Upon reconciliation of all purchase order amounts, a final change order may be executed to finalize the amounts for all Subcontractor deductions and sales tax savings. Following reconciliation, any unspent material costs remaining in the Owner's purchase order will be returned to the Contractor by a Change Order. Page 6 of 35 2 - Basis of Guaranteed Maximum Price Imagine Clearwater – Clearwater Main Library Renovation & Addition Guaranteed Maximum Price (GMP 2) September 4, 2020 23. The Guaranteed Maximum Price (GMP 2) does not include delegated design with the exception of what is required by the 100% Construction Documents specifications to include the following only: a. Concrete Formwork b. Structural Steel Connections c. Metal Deck (Calculations only) d. Decorative Handrails e. Aluminum Storefront & Curtain Walls f. Temporary Partitions Framing g. Exterior Framing h. Dimensional Letter Signage Attachment Method i. Operable Partitions Attachment Method j. Aluminum Shade Structures k. Fire Protection (Sprinklers) l. Fire Alarm 24. Neither the Guaranteed Maximum Price (GMP 2) nor the project milestone schedule upon which said GMP is based contemplate any project delays, suspensions, disruptions, cost escalations or other impacts caused, directly or indirectly, by the coronavirus disease, or any other epidemic or pandemic or any resulting government action. Should alternates be considered to phase the work allowing portions to be open or incrementally opened, those alternates do not include disinfection / cleaning as may be required for COVID 19. We would expect the City to provide these cleanings. 25. This GMP Proposal is valid for a period of 60 days, but subject to cost and schedule adjustments if the Notice to Proceed is delayed, as discussed in paragraph 30. If Owner does not accept this GMP Proposal within such validity period, Skanska reserves the right to further adjust the GMP and Project Milestone Schedule to account for changes in market and other conditions that impact cost and/or the Project Milestone Schedule. 26. For those items that are excluded, no cost or time has been included in this GMP Proposal to account for such items. For those items that are clarified, qualified or based on an assumption, this GMP Proposal reflects only the cost and time associated with the items as assumed, qualified or clarified. All content in this Section 2 is intended to more clearly define and/or limit Skanska’s scope of responsibility under the Contract regardless of whether or not any specific sub-item in this Section 2 may not use terms such as “assume”, “qualify”, “clarify” or similar terms or derivations thereof. Page 7 of 35 2 - Basis of Guaranteed Maximum Price Imagine Clearwater – Clearwater Main Library Renovation & Addition Guaranteed Maximum Price (GMP 2) September 4, 2020 27. Changes to or deviations from any aspect of the Basis of GMP Documents that impact cost and/or schedule shall entitle Skanska to a Change Order equitably adjusting the GMP and/or Project Milestone Schedule. 28. Documents, third-party agreements, commitments to third parties, design criteria and any other information not expressly included in the Basis of GMP Documents are all excluded. 29. Coordination with Others. This GMP Proposal is based on the assumption that the members of the Design Team and Owner’s other contractors performing work or services in connection with the Project will: a. Comply with Skanska’s site-specific safety program and maintain an injury free environment when work or services are performed at the Project site. b. Perform work and services, including without limitation installation of Owner-furnished equipment and materials and issuing timely responses to RFIs and submittals, in accordance with the Project Miletone Schedule (as such schedule may be amended from time-to-time). c. Perform work and services so as to not impact Skanska’s ability to perform its Work in accordance with the Logistics Plan. d. Perform work and services so as to not impact Skanska’s ability to maintain or accelerate the Work under the Project Milestone Schedule. e. Provide detailed schedule, logistics, and technical information when and as requested by Skanska so as to enable Skanska to timely coordinate interfaces with the Design Team and other contractors and to maintain or accelerate elements of the Project Milestone Schedule so as to achieve necessary progress and milestone completion dates. f. Be solely responsible for coordinating rough-ins to be provided by Skanska and for making final connections of all Owner-furnished equipment to the rough-ins provided by Skanska. Page 8 of 35 2 - Basis of Guaranteed Maximum Price Imagine Clearwater – Clearwater Main Library Renovation & Addition Guaranteed Maximum Price (GMP 2) September 4, 2020 30. Notice to Proceed. This GMP Proposal is based on the assumption that Owner will issue a notice to proceed (“NTP”) (with all conditions precedent identified below, if any, satisfied) on or before October 9, 2020 (“Notice to Proceed Date”) and that Substantial Completion will be achieved on or before 278 calendar days after issuance of the NTP, as such duration may be modified in accordance with the Contract. If Owner has not issued an effective NTP by the Notice to Proceed Date, Skanska shall have no obligation to commence any part of the Work, until Skanska and Owner: (a) reach agreement on the scope and nature of equitable adjustment to the GMP and Project Milestone Schedule, including full compensation to Skanska and its Subcontractors and Sub-subcontractors for the delay in issuing NTP and; (b) Owner satisfies all conditions precedent to the effectiveness of the NTP set forth below. a. Applicable Permit must be issued b. All permit Fees Paid c. Owners Builders Risk Policy must Be in Place d. GMP Amendment issued and fully executed e. Notice of Commencement Filed 31. Owner Allowance & Contractor Contingency. An Owner Allowance of $440,000 has been added to the GMP to address issues such as, by way of example and not limitation, Design Team’s completion of design, enlarging the size of the Project, unforeseen conditions, comments from authorities having jurisdiction, commodity and/or material price escalation, modifications to or acceleration of the Project Milestone Schedule, increased quality or quantity of Project components not currently reflected in the Drawings or Specifications, or other conditions/circumstances for which Skanska would be entitled to a Change Order under the Contract. It is understood that Owner Allowance is added to GMP 1, this GMP 2 and subsequent GMP’s as part of the Imagine Clearwater Project can be utilized by the City for any of the Imagine Clearwater GMP’s. In preparing this GMP Proposal, Skanska included a contractor contingency in the amount of $150,000 for Skanska’s exclusive use (hereinafter the "Construction Contingency") to cover those costs considered reimbursable as the Cost of the Work but not included in a Change Order. Construction Contingency shall be available for Skanska’s exclusive use at any time, including at the time of final payment, for reimbursement of costs and expenses: (1) reasonably incurred by Skanska in performing the Work, (2) of a type that are reimbursable under the Contract as a Cost of the Work, and (3) that are not otherwise the basis for a Change Order (it being understood that the Construction Contingency shall not be used to fund any Work which would otherwise be subject to a Change Order); including, by way of example, but not limited to, (a) Work items inadvertently omitted during the estimating and bidding process, (b) schedule recovery costs, (c) cost increases due to unanticipated local labor and material market conditions, (d) interfacing Page 9 of 35 2 - Basis of Guaranteed Maximum Price Imagine Clearwater – Clearwater Main Library Renovation & Addition Guaranteed Maximum Price (GMP 2) September 4, 2020 omissions between and from the various categories of Work; (e) additional costs incurred due to the withdrawal or disqualification of a Subcontractor bid forming the basis for the GMP prior to signing of a written subcontract, and (f) excess Subcontractor completion costs arising from Subcontractor default. This is not a Line item GMP. The Construction Contingency shall be increased automatically by the net savings, if any, realized through subcontract and/or purchase order buyout or due to other under runs against the various amounts and allowances that compose the overall GMP. Any amount remaining in the Construction Contingency at final payment shall be counted as savings for purposes of determining any shared savings, if applicable. 32. This GMP 2 for the Library is the second partial project GMP submitted for the “Imagine Clearwater” project. All partial project GMPs will be combined and collectively known as the Guaranteed Maximum Price so that there is a single Guaranteed Maximum Price and only one required Substantial Completion Date and one required Final Completion Date. Any overruns or savings in the Partial Guaranteed Maximum Price for GMPs 1 Enabling, GMP 2 Library Renovation & Addition work and Subsequent Partial GMPs can apply to the combined Guaranteed Maximum Price. 33. Retainage is included at 5% in the GMP through Project Substantial Completion at which time a reduction to 2.5% is expected. 34. The GMP includes a Fee of 3.5% on the Total Construction Project Cost the GMP. This includes all costs of any ODP credits that goes back to the Owner to facilitate sales tax savings. Fee Markup on Add Changes to the Work is qualified in the GMP to be: 1. For Labor – 15% broken down as follows – 10% to self-performing subcontractors and 5% to the contractor 2. For Materials – 10% by subcontractor and 5% to the contractor 35. The Contractor General Conditions are based on a Lump Sum Basis in the GMP to be billed equally monthly for the duration of the project. 36. This GMP is submitted with the qualification that buyout savings are only recognized on the aggregate of all line items and not individual line items and only when buyout is complete. This is not a line item GMP. 37. Escalation. Skanska has not included an escalation contingency in the proposed GMP to account for any increases in the Cost of the Work arising from unanticipated increases in the cost of temporary or permanent commodities, materials and/or equipment used in the performance of or incorporated into the completed Work. The proposed GMP is based on the pricing obtained on or before the date of this GMP Proposal and expressly excludes all additional/increased costs that may arise or be associated with tariffs, duties and other impositions and related or unrelated price escalation occurring after the date of this GMP Proposal. Construction Manager shall be entitled to a Change Order equitably adjusting the GMP to account for any price escalation which occurs after the date of this GMP Proposal due to City actions such as time delays by the City or otherwise caused by the City. Page 10 of 35 2 - Basis of Guaranteed Maximum Price Imagine Clearwater – Clearwater Main Library Renovation & Addition Guaranteed Maximum Price (GMP 2) September 4, 2020 38. This GMP Proposal is based on the assumption that materials and equipment are from the applicable suppliers/manufacturer’s standard selections and configurations, unless expressly noted otherwise in the Drawings or Specifications. 39. Sole-Sourcing. All Project components and third-party services to be furnished by Skanska are assumed to be nonproprietary and available from multiple sources. In the event of any component or third-party service is specified on a sole-source basis, this GMP Proposal assumes that Skanska’s liability arising out of the performance by the sole-source subcontractor or supplier shall be limited to and in no event exceed the liability assumed by any such sole-source subcontractor or supplier in connection with the Project. 40. Specified Performance Criteria. Any manufacturers referenced in the Specifications are for basis of design only and shall not preclude Skanska from offering an “or equal” manufacturer. If the Design Team specifies “performance criteria” for any components to be included in the Project, Skanska assumes that the named component manufacturer(s) are deemed to comply with all specified performance criteria and that Skanska shall only be obligated to demonstrate that a proposed “or equal” component complies with the specified performance criteria. 41. Special warranties, certifications and other requirements that exceed manufacturer standard warranties, and implied warranties, are all excluded except to the extent expressly specified in the Contract Documents. 42. All warranties included in the Contract Documents that survive beyond Skanska's one year repair/replacement obligation time period set forth in the Contract shall be assigned to Owner following the expiration of such one year time period. Thereafter, Skanska’s sole obligation and Owner’s exclusive remedy shall be for Skanska to reasonably assist the Owner in enforcing such warranties provided by Subcontractors. 43. This GMP Proposal is based on the assumption that the Drawings and Specifications prepared by the Design Team comply in all respects with all applicable building code requirements, applicable laws, and the programming, aesthetic, quality and other Project requirements prescribed by Owner orally or in its existing standards, guidelines or Project-specific documents. In preparing this GMP No. 2 for the Library Renovation & Addition and the project milestone schedule, Skanska relies on the construction documents to be fully designed, fully coordinated, code compliant, and accepted by the appropriate agencies and other applicable parties. 44. The cost of changes to the construction documents due to permit comments or conditions issued to Skanska following the delivery and acceptance of the Library Renovation & Addition (GMP No. 2) are excluded. Page 11 of 35 2 - Basis of Guaranteed Maximum Price Imagine Clearwater – Clearwater Main Library Renovation & Addition Guaranteed Maximum Price (GMP 2) September 4, 2020 45. Labor, materials and equipment, and the related cost thereof, and impacts to the Project Milestone Schedule arising from or in connection with, inspections or requirements imposed by Factory Mutual or similar insurance underwriters, and not expressly set forth in the Drawings and Specifications, are excluded. 46. All Owner-furnished material and equipment, and any related required submittals and/or design information, shall be furnished and installed by or on behalf of Owner in accordance with the Project Milestone Schedule. As part of its obligations, Owner shall provide detailed design, location, dimension, sizing and other technical information detailing all required rough-in and final connections to the Owner-furnished equipment. All Owner-furnished equipment and final connections shall be coordinated to the rough-ins provided by Skanska. 47. This GMP Proposal is based on the assumption that “time is of the essence” or similar provisions in the Contract, if any, shall only apply to the Imagine Clearwater Park Substantial Completion date as will be established in the final GMP. 48. Skanska acknowledges City ordinances for both hours of work and noise restrictions and our GMP has accounted for these restrictions; however, we have not accounted for any other site access or imposed restrictions related to hours of work or noise unless established elsewhere in the GMP such as our Work in the existing City Council Chambers. 49. This GMP Proposal excludes costs and/or schedule impacts arising from or in any way related to (i) handling, removing, and/or abating any hazardous wastes/materials, (ii) handling, removing, and/or abating any contaminated groundwater, and (iii) any unforeseen conditions at the Project site or in connection with the performance of the Library Renovation & Addition Work as identified on the Project Logistics Plan. Skanska will stockpile any unsuitable materials associated with our work for handling and removal by the City of Clearwater. 50. Alternates are to be selected within the first month of executing GMP 2 in order for the alternate pricing and schedule to still apply. 51. Contractor Controlled Insurance Program. Skanska will furnish and directly or indirectly administer a Contractor Controlled Insurance Program ("CCIP") providing for General Liability, Worker’s Compensation and Excess/Umbrella coverage required to be furnished by Skanska and its Subcontractors and Sub-subcontractors under the Contract. The CCIP shall only cover and apply to on-site exposures for participants enrolled in the CCIP. Invoicing by Skanska for furnishing the CCIP will be as set forth below. The cost of CCIP will be added to all Change Orders though final completion. Skanska and all Subcontractors and Sub-subcontractors that perform any part of the Work on the Project site are expected to be covered, excluding Subcontractors/Sub-subcontractors performing or supplying architectural or engineering services, waste management/hauling services, temporary toilets, field offices and related incidental services/supplies, surveying, materials testing, elevators, structural demolition and/or abatement, if any. Owner’s separate contractors and the Design Team and other professionals of any tier retained by the Owner or Design Team shall not be enrolled in or covered by the CCIP. The Owner is required to obtain insurance similar in scope and coverage limits as required from Skanska from those unenrolled/uncovered parties and to require Page 12 of 35 2 - Basis of Guaranteed Maximum Price Imagine Clearwater – Clearwater Main Library Renovation & Addition Guaranteed Maximum Price (GMP 2) September 4, 2020 from those parties that Skanska is listed as an Additional Insured on all of applicable policies. 52. Invoicing for Insurance and Bonds. Premiums for insurance and bonds are part of the Cost of the Work and shall be paid by Owner to Skanska as set forth below. The entire estimated value of all such insurance and bond costs shall be included in and paid by Owner as part of Skanska’s first monthly Application for Payment after execution of the GMP Amendment and after execution of each Change Order increasing such insurance and bond costs. Premium for Bonds and Insurance. Premiums for bonds and insurance will be provided at the rates specified in this section. Owner acknowledges that all specified rates have all been negotiated, will be charged by Skanska under the Contract and are auditable only to determine the proper application of the rates under the Contract and not the composition of such rates. a. Subcontractor Default Insurance (“SDI”) at the rate of 1.42% multiplied by the actual Cost of the Work & Contingency. b. Subcontractor Performance and Payment Bonds at actual cost invoiced by Subcontractor’s surety for Subcontractors that do not prequalify for enrollment in SDI. c. Contractor Controlled Insurance Program (“CCIP”) at the rate of 2.58% multiplied by the approved GMP amount. Thereafter the CCIP rate will be added to and included in the cost of any Change Orders that increase the value of the GMP. 53. Skanska Performance and Payment Bonds (P & P Bonds) at the rate of .41% multiplied by the approved GMP amount. Thereafter the P&P Bonds rate will be added to and included in the cost of any Change Orders that increase the value of the GMP. 54. Review of Skanska Insurance Policies. Skanska assumes that the furnishing of a Certificate of Insurance will demonstrate that Skanska has obtained insurance compliant with its obligations under the Contract. This insurance is provided through the Skanska’s proprietary corporate insurance program and if Owner wants to review such insurance policies, Skanska will afford the Owner an opportunity to do so at a time and place mutually agreed upon with Skanska’s Vice President, Insurance and Surety. If Owner requires Skanska to furnish a copy of any such policy, to avoid disclosure of proprietary information Skanska must purchase a Project-specific policy at additional cost that excluded from the GMP. Page 13 of 35 2 - Basis of Guaranteed Maximum Price Imagine Clearwater – Clearwater Main Library Renovation & Addition Guaranteed Maximum Price (GMP 2) September 4, 2020 55. Owner Direct Purchase Program. Skanska acknowledges that Owner is implementing a direct purchase program pursuant to Florida Statute Section 212.08(6) to avoid sales tax on materials incorporated into the Project (the “ODP Program”). Owner acknowledges and agrees that (i) all deductive change orders issued by Skanska to its Subcontractors participating in the ODP Program and corresponding deductive Change Orders issued by Owner to Skanska under the ODP Program (collectively the “ODP Change Orders”) include the costs of materials and the applicable Florida state sales tax, (ii) the value of the ODP Change Orders will be based on estimated quantities and costs, except when the ODP Change Order expressly involves the purchase of a single item with a predetermined fixed value, and (iii) the actual costs incurred for materials under the ODP Program will be reconciled with the estimated costs and if the aggregate cost actually incurred by Owner to purchase the materials is less than the value of the ODP Change Order minus applicable sales tax (the “Underrun”), then Owner will issue to Skanska an additive Change Order in the amount of the Underrun plus the applicable sales tax on such Underrun value, and Skanska will issue a corresponding additive change order to the applicable Subcontractor. Table 2-3 presents an illustration of the foregoing calculation. 56. General Conditions Section 6.5 – Skanska wishes to clarify its understanding that the indemnification requirements of this section applies to third party claims of adjacent property owners or occupants. 57. General Conditions Section 6.6 – the GMP Proposal is submitted based on the understanding that this section does not apply to material or equipment specified by the design, unless Skanska or the subs knew or should have known of the obligation to purchase a license. 58. GMP 2 Clearwater Main Library Renovation & Addition Work is based on and includes the following additional documents: a. Document Log dated September 4, 2020 b. Anticipated Tax Savings Log c. Owner, Contractor Responsibility Matrix (Library Renovation & Addition) dated September 4, 2020 d. Alternates (Not Included in GMP 2) e. 100% Construction Documents for the Clearwater Main Library Renovation & Addition dated July 10, 2020 f. Request for Information (RFI) Log g. Skanska Sketches 59. Liquidated damages are limited to and shall not exceed the amount of Skanska’s Fee. Page 14 of 35 2 - Basis of Guaranteed Maximum Price Imagine Clearwater – Clearwater Main Library Renovation & Addition Guaranteed Maximum Price (GMP 2) September 4, 2020 Milestone Schedule See attached Page 30 of 35 Activity IDActivity NameStartFinishImagine Clearwater_CURRENTImagine Clearwater_CURRENT08-Sep-2010-Sep-21MilestonesMilestones08-Sep-2010-Sep-21MIL-008Library 100% CD GMP Issue To City08-Sep-20MIL-001Library GMP Execution01-Oct-20MIL-010Issue Library Notice To Proceed09-Oct-20MIL-012Substantial Completion - Library14-Jul-21*MIL-019Final Completion - Library10-Sep-21JJASONDJFMAMJJASONDJFMAMJJAS20202021202210-Sep-21, Imagine Clearwater10-Sep-21, MilestonesLibrary 100% CD GMP Issue To CityLibrary GMP ExecutionIssue Library Notice To ProceedSubstantial Completion - LibraryFinal Completion - LibraryImagine Clearwater Library Renovation GMP #2 Milestone ScheduleData Date: 14-Aug-20 Date Printed: 09-Sep-20Remaining Level of EffortActual Level of EffortActual WorkRemaining WorkCritical Remaining WorkMilestonePage 1 of 1Page 31 of 35 2 - Basis of Guaranteed Maximum Price Imagine Clearwater – Clearwater Main Library Renovation & Addition Guaranteed Maximum Price (GMP 2) September 4, 2020 Logistics Plan See attached **The logistics plan identifies logistics / traffic patterns, fencing for more than just the library renovation; however, only the work as necessary for the library would be included under this GMP 2. Page 32 of 35 BID DOCUMENT Dated: 06/23/2020 4:23:49 PM Page 33 of 35 Page 34 of 35 Page 35 of 35 Skanska USA Building Inc.usa.skanska.com 4030 Boy Scout Blvd.Suite 200Tampa, FL 33607Phone 813.282.7100 DREW ST CLEVELAND ST N OSCEOLA AVE LAURA ST AERIAL MAP MAINLIBRARY Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com PROJECT #17-0031-ENIMAGINE CLEARWATER Document Path: C:\Users\Christopher.Melone\Desktop\ImagineClearwaterMainLibrary.mxd ² N.T.S.Scale: 286BGrid #:16-29s-15eS-T-R:Aerial Flown 2019 Page 1 of 1Reviewed By:CC 9/11/2020Date:CRMMap Gen By: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8280 Agenda Date: 10/1/2020 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 10.4 SUBJECT/RECOMMENDATION: Confirm COVID-19 Emergency Proclamation and adopt Resolution 20-53. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/1/2020 Resolution No. 20-53 RESOLUTION NO. 20-53 CONFIRMATION OF COVID-19 EMERGENCY PROCLAMATION – October 1, 2020 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, CONFIRMING DECLARATIONS OF A STATE OF EMERGENCY; PROVIDING AN EFFECTIVE DATE. WHEREAS, a state of emergency in the City of Clearwater was proclaimed by Mayor George N. Cretekos, upon recommendation by the Emergency Management Director (City Manager William B. Horne), after certification of emergency conditions by the Emergency Management Coordinator (Fire Division Chief of Emergency Management Jevon Graham), on March 18, 2020 due to the unmitigated spread of coronavirus disease (COVID-19); and WHEREAS, the March 18, 2020 state of emergency was confirmed by City Council in Resolution 20-11 later that day, extended 7 days by Mayor George N. Cretekos on March 25, extended 7 days by Mayor Frank Hibbard on April 1, confirmed by City Council in Resolution 20-14 on April 2, extended 7 days by Mayor Frank Hibbard on April 8 and 15, confirmed by City Council in Resolution 20-16 on April 16, extended 7 days by Mayor Frank Hibbard on April 22, 29, and May 6, confirmed by City Council in Resolution 20-19 on May 7, extended 7 days by Mayor Frank Hibbard on May 13 and 20, confirmed by City Council in Resolution 20-22 on May 21, extended 7 days by Mayor Frank Hibbard on May 27 and June 3, confirmed by City Council in Resolution 20-28 on June 4, extended 7 days by Mayor Frank Hibbard on June 10 and 17, confirmed by City Council in Resolution 20-30 on June 18, extended 7 days by Mayor Frank Hibbard on June 24, July 1, 8, and 15, confirmed by City Council in Resolution 20-32 on July 16, extended 7 days by Mayor Frank Hibbard on July 22, 29, and August 5, confirmed by City Council in Resolution 20-36 on August 6, and extended 7 days by Mayor Frank Hibbard on August 12 and 19, confirmed by City Council in Resolution 20-44 on August 20, extended 7 days by Mayor Frank Hibbard on August 26 and September 2, confirmed by City Council in Resolution 20-47 on September 3, extended 7 days by Mayor Frank Hibbard on September 9 and 16, confirmed by City Council in Resolution 20-51 on September 17, and extended 7 days by Mayor Frank Hibbard on September 23 and 30, 2020; and WHEREAS, COVID-19 is a severe acute respiratory illness that can spread among humans through respiratory transmission and presents with symptoms similar to those of influenza, with no available vaccine or cure; and WHEREAS, on January 31, 2020 the United States Department of Health and Human Services declared that a public health emergency exists nationwide as a result of confirmed cases of COVID-19 in the United States; and WHEREAS, on March 1, 2020 Governor Ron DeSantis issued Executive Order 20- 51, declaring that appropriate measures to control the spread of COVID-19 in the State of Florida are necessary, and therefore directed that a Public Health Emergency be declared in the State of Florida; and Resolution No. 20-53 WHEREAS, on March 9, 2020 Governor Ron DeSantis issued Executive Order 20- 52 declaring a State of Emergency for COVID-19; and WHEREAS, the World Health Organization declared COVID-19 a pandemic on March 11, 2020, which is defined as “worldwide spread of a new disease,” and is the first declared pandemic since the H1N1 "swine flu" in 2009; and WHEREAS, on March 13, 2020 President Donald J. Trump declared a national state of emergency; and WHEREAS, on March 16, 2020 President Trump and CDC issued the “15 Days to Slow the Spread” guidance advising individuals to adopt far-reaching social distancing measures. such as working from home and avoiding gatherings of more than 10 people; and WHEREAS, on March 17, 2020 Governor Ron DeSantis issued Executive Order 20- 68 closing bars, pubs and nightclubs for 30 days, recommending that public beachgoers follow CDC guidelines limiting group sizes and social distancing, and ordering that restaurants limit occupancy to 50% of current building capacities and begin employee screening; and WHEREAS, on March 18, 2020 the City of Clearwater passed Resolution 20-11, cancelling most City meetings and groups, prohibiting all in-person gatherings of 10 people or more, closed all beaches, closed all libraries, closed all recreation centers, required businesses open to the public to provide hand sanitizer, gave the Emergency Management Director authority to close parking as necessary, prohibited price gouging, and enabled emergency procurement procedures; and WHEREAS, on March 19, 2020 Pinellas County passed Resolution 20-17, closing all public beaches within the county; and WHEREAS, on March 20, 2020 Governor Ron DeSantis issued Executive Order 20- 71, suspending all sales of food and alcohol in the State by establishments for on-site consumption and allowing for take-out or delivery service, and closing all gyms and fitness centers; and WHEREAS, on March 20, 2020 Governor Ron DeSantis issued Executive Order 20- 72, prohibiting elective and unnecessary medical procedures; and WHEREAS, on March 24, 2020 Governor Ron DeSantis issued Executive Order 20- 83, recommending an advisory to all persons over 65 and those with underlying serious medical conditions to stay home and limit risk of exposure; and WHEREAS, on March 25, 2020 Pinellas County passed Resolution 20-20, “COVID- 19 Safer at Home Order,” directing individuals to limit non-essential activity and/or Resolution No. 20-53 transportation, closing places of public assembly, and ordering the closure of non-essential businesses if they can not comply with current CDC social distancing guidelines; and WHEREAS, on March 27, 2020 Governor Ron DeSantis issued Executive Order 20- 86, retroactively ordering any person entering the State of Florida from “an area with substantial community spread” to self-quarantine for 14 days and inform anyone they have had direct physical contact with of their status; and WHEREAS, on April 1, 2020 Governor Ron DeSantis issued Executive Orders 20- 91 and 20-92, ordering all persons in Florida to limit their movements and personal interactions outside of their homes to only those necessary to obtain or provide essential services or conduct essential activities; and WHEREAS, on April 16, 2020 the City Council extended for 30 days and modified those emergency measures enacted by Resolution 20-11; and WHEREAS, on April 28, 2020 Pinellas County passed Resolution 20-34, “Order Relaxing Beach Restrictions With Conditions,” allowing public beaches to reopen consistent with CDC social distancing guidelines effective May 4, 2020; and WHEREAS, on April 29, 2020 Governor Ron DeSantis issued Executive Order 20- 112, ordering all persons in Florida to continue to limit their movements and personal interactions outside of their homes, and allowing restaurants to resume on-premises service with restrictions; and WHEREAS, on May 1, 2020 Pinellas County passed Resolution 20-39 “Order Clarifying Local Restrictions,” which gives support to Governor DeSantis’ EO 20-112, terminates Pinellas County Res. 20-20 and 20-23, but continues to restrict public playgrounds and pools, and requires social distancing; and WHEREAS, on May 1, 2020 City of Clearwater Emergency Management Director William B. Horne announced that Clearwater beaches would reopen May 4 in conjunction with Pinellas County’s Res. 20-34; and WHEREAS, on May 14, 2020 Governor Ron DeSantis issued Executive Order 20- 123, initiating the full Phase 1 of his “Safe. Smart. Step-by-Step. Plan for Florida’s Recovery” relaxing social distancing requirements and allowed limited reopening of businesses, including gyms and fitness centers; and WHEREAS, on May 21, 2020 the City Council adopted Resolution 20-22 terminating the emergency measures portions of Resolutions 20-11, 20-16, and 20-19, and granting the Emergency Management Director authority and flexibility to manage City facilities in response to Covid-19; and WHEREAS, on June 3, 2020 Governor Ron DeSantis issued Executive Order 20- 139, initiating Phase 2 of his “Safe. Smart. Step-by-Step. Plan for Florida’s Recovery” which Resolution No. 20-53 further relaxes social distancing guidelines, including avoiding congregating in groups larger than 50 persons, allows for restaurants, bars, and entertainment businesses to operate at 50% indoor capacity; and WHEREAS, on June 23, 2020 Pinellas County passed Ordinance 20-14 mandating, with some exceptions, that individuals wear a face covering in public indoor places, and encouraged exempt government entities to enact their own similar procedures to protect employees and members of the public; and WHEREAS, on June 25, 2020 City of Clearwater Emergency Management Director William B. Horne ordered that all persons, with some exceptions, wear a face covering in public indoor places within City of Clearwater buildings, facilities, and properties in conjunction with Pinellas County’s Ord. 20-14; and WHEREAS, on June 26, 2020 the Florida Department of Business and Professional Regulation issued Executive Order 2020-09 suspending on-premises consumption of alcoholic beverages by vendors who derive more than 50% of gross revenue from sales of alcoholic beverages; and WHEREAS, on July 16, 2020 the City Council adopted Resolution 20-32 confirming extensions of the state of emergency and confirming the Emergency Management Director’s face covering order; and WHEREAS, on July 29, 2020 Governor Ron DeSantis issued Executive Order 20- 179 extending prior executive orders allowing local governments to hold virtual meetings without a physical quorum, and Executive Order 20-180 extending prior executive orders suspending mortgage foreclosure and eviction final actions; and WHEREAS, on August 7, 2020 Governor Ron DeSantis issued Executive Order 20- 193 extending prior executive orders allowing local governments to hold virtual meetings without a physical quorum until October 1, 2020; and WHEREAS, on August 31, 2020 Governor Ron DeSantis issued Executive Order 20-211 extending a prior executive order suspending final executions of mortgage foreclosure and eviction actions until October 1, 2020; and WHEREAS, on September 4, 2020 Governor Ron DeSantis issued Executive Order 20-213 extending the statewide state of emergency an additional 60 days; and WHEREAS, on September 10, 2020 the Florida Department of Business and Professional Regulation issued Emergency Order 2020-10 rescinding Emergency Order 2020-09, effective 12:01 a.m. Monday September 14, allowing bars to reopen at 50% capacity pursuant to the Governor’s Executive Order 20-39; and WHEREAS, on September 25, 2020 Governor Ron DeSantis issued Executive Order 20-244, titled “Phase 3; Right to Work; Business Certainty; Suspension of Fines.” Resolution No. 20-53 The order rescinds prior restrictions on business, prohibits emergency ordinances preventing individuals from working or from operating a business, and suspends the collections of fines and penalties associated with COVID-19 against individuals; and WHEREAS, on September 30, 2020 Governor Ron DeSantis issued Executive Order 20-246 extending prior executive orders allowing local governments to hold virtual meetings without a physical quorum; and WHEREAS, as of October 1, 2020 698,051 Florida residents (706,516 total cases in Florida including non-residents), including 42,248 in Hillsborough County (including 646 deaths), 11,579 in Manatee County (including 291 deaths), 9,322 in Pasco County (including 209 deaths), and 22,181 in Pinellas County (including 753 deaths) have tested positive for COVID-19; and WHEREAS, the City of Clearwater continues to be threatened by COVID-19 because of the apparent ability of the virus to spread rapidly among humans, and COVID- 19 thereby constitutes a clear and present threat to the health, safety, and welfare of the citizens and visitors of the City of Clearwater, and WHEREAS, Section 252.38, Florida Statutes authorizes the establishment and amendment of emergency measures during a state of emergency; and WHEREAS, Chapter 15, Code of Ordinances requires City Council to confirm any declaration of a state of emergency and all emergency regulations activated under the provisions of this chapter at their next regularly scheduled meeting; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. The September 23, 2020 state of emergency proclamation is hereby confirmed. Section 2. The September 30, 2020 state of emergency proclamation is hereby confirmed. Section 3. This resolution shall take effect immediately. The state of emergency must be renewed in seven-day increments pursuant to § 15.07(5), Code of Ordinances. PASSED AND ADOPTED this 1st day of October, 2020. Attest: ___________________________ _______________________________ Rosemarie Call Frank Hibbard Resolution No. 20-53 City Clerk Mayor Approved as to form: ___________________________ Pamela K. Akin City Attorney Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8284 Agenda Date: 10/1/2020 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 10.5 SUBJECT/RECOMMENDATION: Recommend an appointment to the PIE Noise Abatement Task Force Committee, as the Clearwater at-large representative. SUMMARY: The Noise Abatement Task Force is comprised of a diverse group of members representing local communities, the St. Petersburg-Clearwater International Airport, Federal Aviation Administration - Air Traffic Control, airlines, cargo carriers, general aviation and the military. The individuals work collectively to identify ways to minimize aircraft noise exposure to surrounding communities. The City Council is being asked to recommend an individual who will serve as the Clearwater at-large representative. The Pinellas County Board of Commissioners is expected to make the appointment at their October meeting. Staff has received applications from: Greg Hembree Christina Joseph Sean Schrader Blaise Sciarra Andre Sknoieczny Page 1 City of Clearwater Printed on 10/1/2020 CITY OF CLEA,RWATER - APPLICATION FOR ADVISORY BOARDS]; (must be Clearwater resident) Please tyrpe or print clearly. Name:Sean Schrader Home Address: 1541 S Fredrica Ave Clearwater FL Office Address: NA 7io 33756 lio33756 Telephone '7273076756 Telephone:NA cell Phone.7273076756 Email Address: seanschrader30@gmail.com How long a resident of Clearwe,lurr 19 years Occupation'Student Employer:NA Field of Education:Other Work Experience: Currently pursuing a bachelor's degree in business administration NA from USF. lf retired, former occupation: COmmunity ACtivitieS' Former Secretary, Clearwater Ntt,nntrotngt aou',,'on. torr. re Suncoast. Former liaison for Largo High School with the Central Pinellasi Chilmber of Commerce. Former Intern, Congressmi:ln Charlie Crisl,. Other Interests: Board Service (current and past): Member, Clearwater Charter Review Committee Additional Comments: Board Preference: PIE Noise Abatement Taslrl Force '"L'2Signature: '*'+-<€ '+' Date: C t l* | .nz ct See attached list for boards thiat require financial disclosure at time of appointment. Please return flris application and board questionnaire to the Official Rercords & Legislative Services Departmernt, P. O. B6x 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requirinq Clearwater residency.this application must be accompanir;l,d_by__a__aapy pl one of the followinqr Current voter registration witlhin city limitsr Valid current Florida Drivers' License issuecl to an address within city limits o Declaration of Domicile filed with the city clerrk iaffirming residency within city limits BOARD QUESTIONNAIRE L What is your understanding of the board's duties and responsibilities? For the Noise Abatement Task Force, I understand that my role on the task force would be to work alongside other community members as well as aviation experts to ensufe that aircraft noise is reduced so that it does not negatively impact Clearwater Residents, or the community at large 2. Have you ever observed a board meeting either in person or on the City's TV station C-View? Yes, I have attended board meetings in person for the Downtown Development Board as well as the Strong Mayor Task Force 3. What background and/or qualifications do you have that you feel would qualify you to serve onthis Board? I have been fortunate to be involved in Clearwater serving as secretary for the Clearwater Neighborhor:ds Coalition experiences have given me the opportunity to learn more about Clearwater, the primary concerns of resi and how board meetings are conducted. 4. Why do you want to serve on this Board? I enjoy being involved in Clearwater, and I believe that it is important for a youth perspective to be included in the decision makinq Through the Noise Abatement Task Force, I believe it would give me the opportunity to help make decisions to ensure that residents CleaMater are not severly impacted with their facility. I have some knowledge of aviation, as my grandfather is a pilot Name: .$ on rcl^r'on J" e as well as being appointed to serve as a member on thrg Clearwater Charter Review Committee. I belierve that these Board Name: ?JE fVo;l{- AbA+c/".nlTnrL Fo-tu Meeting Date: Caller: INDIVIDUAL CALLER Citizen Comment Card Name: --IC444)i- City: Telephone Number: Speaking under citizens to be heard re items not on the agenda? CI Agenda item(s) to which you wish to speak: 11101404.16111.4:4424rWillor44441444.01'41,4441MOIMMIIIIIIIMINIV 444411.1414. —_-.0 44.1.4044.4, • .11.M11.11,- 1,, Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8250 Agenda Date: 10/1/2020 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Library Agenda Number: 10.6 SUBJECT/RECOMMENDATION: Declare library materials surplus pursuant to Clearwater Code of Ordinances Section 2.622, surplus sales over $5,000; authorize a donation to designated not-for-profit organizations pursuant to Section 2.624 (5), exceptions to auction sale; and authorize the appropriate officials to execute same. (consent) SUMMARY: Seeking Council’s authorization for the donation of city-owned library materials consisting of paperbacks, hardcovers, DVDs, CDs and audio books in the quantity of 55,000 items valued at $59,000 to local non-profit organizations. Due to scheduled Imagine Clearwater construction at the Main Library, the City was tasked with sorting through and relocating library materials. The items identified as surplus are no longer needed for municipal public use and are valued as follows: ·Book (hardback/paperback) $1 each ·DVD $2 each ·CD (Music/Audio Book) $2 each Eight non-profit organizations were contacted, with four accepting donations at this time . Requesting authorization to donate to the following non-profit organizations: ·AmVets, Clearwater, FL ~ pickup donations at no charge; items area delivered to the Tampa warehouse and a $100 voucher is offered to local veterans, which they in turn select what they want/need; all leftovers are then sold and all proceeds go back into the AmVets organization which provides assistance, jobs and services to our veterans. ·HEP (Homeless Empowerment Program), Clearwater, FL ~ pickup donations at no charge; items not suitable for their program will go into the Thrift Store to be sold to the general public. 100% of proceeds from the store directly benefits HEP program and clients. ·Hospice, Clearwater, FL ~ pickup donations at no charge; items are sold at their thrift stores; all proceeds are used for patient care. ·Salvation Army, Clearwater, FL ~ pickup donations at no charge; items are sold at their thrift stores; valuables are auctioned. All proceeds are used for adult rehabilitation programs, social programs and homeless programs. Page 1 City of Clearwater Printed on 10/1/2020 Donations of Library Materials - Contacts NON-PROFIT ORG CONTACT COMMENTS AmVets AV webiste amvets@amvets.org & telephonic 866.294.448 Melissa Paula 9/4 sent email re: donations pending response. 9/8 Response received. AmVets currently accepting donations; They offer pickup at no charge; Items go to the Tampa warehouse and a $100 voucher is offered to local veterans, which they in turn can select what they want/need; all left overs are then sold and all proceeds go back into the Amvets organization which provides assistance, jobs and services to our veterans. Goodwill contactus@goodwill.org Paula 9/3 sent email re: donations pending response. NO RESPONSE Habitat for Humanity fax 727.209.2191 Paula 9/3 sent fax re: donations pending response. 9/8 Not accepting library materials at this time. HEP (Homeless Empowerment Program)HEP website & telephonic 727.442.9041 Reginald & Rebecca Adams Paula 9/3 sent inquiry re: donations pending response. 9/4 response received. HEP currently accepting donations. Items not suitable for their program will go into the Thrift Store to be sold to the general public. 100% of proceeds from the store directly benefits HEP program and clients. Donation pick-ups are free of charge. Hospice Hospice website & telephonic 727.538.4483 Cyndi or Joe Sties Paula 9/3 sent inquiry re: donations pending response. 9/8 Response received. Hospice currently accepting donations; they offer pickup at no charge; items are sold at their thrift stores; All proceeds are used for patient care; willing to schedule weekly pickups. Pinellas County Jail telephonic Bonnie Contacted - they are not interested. Pinellas County School Board telephonic Bonnie Contacted - they are not interested. Salvation Army Salvation Army website & telephonic Paula 9/3 sent inquiry re: donations pending response. 9/10 Bonnie received reponse. SA currently accepting donations; pickup at no charge; Donations are seperated and distributed to local stores; valuable are auctioned; funds are used for SA adult rehabilitation programs, social programs for homeless (free household items and clothing). 5. Do you have a contact I can coordinate and ask questions? Script and question samples used: The Clearwater Public Library System is seeking a non-profit organizaotin accepting Library Materials, this includes paperbacks, hardcover, DVDs, CDs and Audio Books. 1. Are you accepting donations at this time? 2. Do you offer pickup? If so, do you charge for pickup? 3. How do you handle the donations once they are in your possession? If sold, what do you do with those funds? 4. Our Collections will average 20,000 to 55,000 items (800 to 2200 boxes). Are you able and willing to schedule weekly pickup? Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8309 Agenda Date: 10/1/2020 Status: Other CouncilVersion: 1 File Type: Council Discussion Item In Control: Council Work Session Agenda Number: 12.1 SUBJECT/RECOMMENDATION: Resolution on the HUD Proposed Rule - Councilmember Beckman SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/1/2020 $ 5(62/87,21 23326,1*7+( 81,7(' 67$7(6 '(3$570(17 2) +286,1* $1' 85%$1 '(9(/230(17¶6 ³+8'´352326(' 58/( &+$1*( 72 7+( (48$/ $&&(66 58/( +8' '2&.(7 12 )53 5,1 $& ³0$.,1* $'0,66,21 25 3/$&(0(17 '(7(50,1$7,216%$6('216(;,1)$&,/,7,(6 81'(5 &20081,7< 3/$11,1* $1' '(9(/230(17 +286,1* 352*5$06´ ,16758&7,1* 7+( &,7< &/(5. 72 75$160,7 7+,6 5(62/87,21 72 &(57$,1 3(56216 $1' (17,7,(6$1'3529,',1*$1())(&7,9('$7( :+(5($6DFFRUGLQJWRWKH867UDQVJHQGHU6XUYH\QHDUO\RQHWKLUGRI WUDQVJHQGHUSHRSOHH[SHULHQFHKRPHOHVVQHVVDWVRPHSRLQWLQWKHLUOLIHDQGSHUFHQWUHSRUWHG PLVWUHDWPHQWLQVKHOWHUGXHWRWKHLUJHQGHULGHQWLW\DQG :+(5($6 RQO\ 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DEPARTMENTOfHOUSINGANDURBANDEVELOPMENT24CFRPartS[DocketNo.fR-6152-P-O1JRIN2506-AC53MakingAdmissionorPlacementDeterminationsBasedonSexinfacilitiesUnderCommunityPlanningandDevelopmentHousingProgramsAGENCY:OfficeoftheSecretary,HUD.ACTION:Proposedrule.SUMMARY:Thisproposedrulewouldprovidethatgrantrecipients,subrecipients,owners,operators,managers,andprovidersunderHUDprogramsthatpermitsingle-sexorsex-specificfacilities(suchastemporary,emergencysheltersorotherfacilitieswithphysicallimitationsorconfigurationsthatrequireandarepermittedtohavesharedsleepingquartersorbathrooms)mayestablishapolicy,consistentwithfederal,state,andlocallaw,toaccommodatepersonsbasedonsex.TheproposedrulewouldmaintainrequirementsfromHUD’s2012finalruleentitled“EqualAccesstoHousinginHUDProgramsRegardlessofSexualOrientationorGenderIdentity”andwouldrequireshelterstouniformlyandconsistentlyapplyanysuchpolicytheshelterdevelops.Theproposedrulewouldrequireanydeterminationofsexbytheshelterprovidertobebasedonagoodfaithbelief,andrequiretheshelterprovidertoprovidetransferrecommendationsifapersonisofthesexnotaccommodatedbytheshelterandinsomeothercircumstances.DATES:CommentDueDate:[Insertdate60daysafterdateofpublicationintheFEDERALREGISTER].ADDRESSES:InterestedpersonsareinvitedtosubmitcommentsregardingthisProposedRuletotheRegulationsDivision,OfficeofGeneralCounsel,DepartmentofHousingandUrban 9Development,4517thStreet,SW,Washington,DC20410-0500.Room10276,Washington,DC20410-0500.Communicationsmustrefertotheabovedocketnumberandtitle.Therearetwomethodsforsubmittingpubliccomments.Allsubmissionsmustrefertotheabovedocketnumberandtitle.1.SubmissionofCommentsbyMail.CommentsmaybesubmittedbymailtotheRegulationsDivision,OfficeofGeneralCounsel,DepartmentofHousingandUrbanDevelopment,4517thStreet,SW,Room10276,Washington,DC20410-0500.2.ElectronicSubmissionofComments.InterestedpersonsmaysubmitcommentselectronicallythroughtheFederaleRulemakingPortalatwww.regulations.gov.HUDstronglyencouragescommenterstosubmitcommentselectronically.Electronicsubmissionofcommentsallowsthecommentermaximumtimetoprepareandsubmitacomment,ensurestimelyreceiptbyHUD,andenablesHUDtomakethemimmediatelyavailabletothepublic.Commentssubmittedelectronicallythroughthewww.regulations.govwebsitecanbeviewedbyothercommentersandinterestedmembersofthepublic.Commentersshouldfollowtheinstructionsprovidedonthatsitetosubmitcommentselectronically.Note:Toreceiveconsiderationaspubliccomments,commentsmustbesubmittedthroughoneofthetwomethodsspecifiedabove.Allsubmissionsmustrefertothedocketnumberandtitleoftherule.NoFacsimileComments.Facsimile(FAX)commentsarenotacceptable.PublicInspectionofPublicComments.AllproperlysubmittedcommentsandcommunicationssubmittedtoHUDwillbeavailableforpublicinspectionandcopyingbetween8a.m.and5p.m.weekdaysattheaboveaddress.DuetosecuritymeasuresattheHUDHeadquartersbuilding,anadvanceappointmenttoreviewthepubliccommentsmustbe 3scheduledbycallingtheRegulationsDivisionat202-708-3055(thisisnotatoll-freenumber).IndividualswithspeechorhearingimpairmentsmayaccessthisnumberthroughITYbycallingtheFederalRelayServiceat800-877-8339(toll-freenumber).Copiesofallcommentssubmittedareavailableforinspectionanddownloadingatwww.regulations.gov.FORFURTHERINFORMATIONCONTACT:MarkA.Sanborn,GeneralDeputyAssistantSecretary,OfficeofCommunityPlanningandDevelopment,U.S.DepartmentofHousingandUrbanDevelopment,4517thStreet,SW,Washington,DC20410,telephonenumber202-202-4331(thisisnotatoll-freenumber).PersonswithhearingorspeechimpairmentsmayaccessthisnumberviaTTYbycallingtheFederalRelayServiceat800-877-8389(toll-freenumber).SUPPLEMENTARYINFORMATION:I.HISTORYHUDhasalwayssupportedeffectivemodelsatreducinghomelessnessandprovidingemergencyshelterforthoseinneed,includingthroughsupportingsingle-sexorsex-specificshelters.In2012,HUDpublishedafinalruleentitled“EqualAccesstoHousinginHUDProgramsRegardlessofSexualOrientationorGenderIdentity”(2012Rule)toensurethatitscorehousingprogramsareopentoalleligiblefamiliesandindividuals“withoutregardtoactualorperceivedsexualorientation,genderidentity,ormaritalstatus.”1The2012Ruledefined“genderidentity”as“actualorperceivedgender-relatedcharacteristics.”2The2012Rulegenerallyprohibitedinquiriesintogenderidentityindeterminingeligibilityormakinghousingavailable,butpermittedinquiriesrelatedtoanapplicant’soroccupant’ssexforthelimited77FR5662.february3,2012. See§5.100at77FR5674.Thisdefinitioncomesfrom18U.S.C.249.4 5purposeofdeterminingplacementintemporary,emergencyshelterswithsharedbedroomsorbathrooms,orfordeterminingthenumberofbedroomstowhichahouseholdmaybeentitled.3Inpromulgatingthe2012Rule,HUDreliedontheSecretary’sgeneralrulemakingauthoritypursuanttosection7(d)oftheDepartmentofHUDAct,4ratherthantheFairHousingAct5,orothercivilrightsandnondiscriminationauthorities.Afterthepromulgationofthe2012Rule,HUDdeterminedthatthe2012Ruledidnotcomprehensivelydefinehowsheltersmustaccommodatetransgenderindividuals.OnSeptember21,2016,HUDexpandedonits2012Ruleandpublishedafinalruleentitled,“EqualAccessinAccordancewithanIndividual’sGenderIdentityinCommunityPlanningandDevelopmentPrograms”(2016Rule).HUDmandatedthattransgenderpersonsandotherpersons“whodonotidentifywiththesextheywereassignedatbirth”begivenaccesstoCommunityPlanningandDevelopment(CPD)-assistedprograms,benefits,services,andaccommodations,someofwhicharepermittedtobeoperatedonasingle-sexorsex-specificbasis(collectively,“single-sexfacilities”),inaccordancewiththeirgenderidentity.Theseprogramsincludetemporaryandemergencyshelterprograms,suchastheEmergencySolutionsGrants6programandtheHousingOpportunitiesforPersonswithADS(HOPWA)program.7The2016Rulemaintainedthedefinitionof“genderidentity”includedinthe2012Ruletomean“thegenderwithwhichapersonidentifies,regardlessofthesexassignedatbirth[.]”8The2016Ruleremovedparagraph5.105(a)(2)(ii),theprovisionofthe2012Rulethatallowedforlawfulinquiriesintoanoccupant’ssexinthecaseoftemporaryoremergencySee§5.105(a)(2)(ii)at77FR5674.‘42U.S.C.3535(d).‘42U.S.C.3601-3619(prohibitsdiscriminationinhousingbecauseofrace,color,nationalorigin,religion,sex,familiarstatusanddisability).6Codifiedin24CFRpart576.Codifiedin24CFRpart574.‘80FR72648. 6shelterswithsharedbathroomorbedroomfacilities,orforthepurposeofdeterminingthenumberofbedroomstowhichahouseholdmaybeentitled.Instead,the2016Rulecontainedaprovisionthatpoliciesandproceduresmustensurethatindividualsarenotsubjecttointrusivequestioningoraskedtoprovideanatomicalinformationordocumentary,physical,ormedicalevidenceoftheirgenderidentity.9The2016Rule,§5.106(c),requiresthatindividualsseekingaccesstosingle-sexfacilitiesbeplacedandaccommodatedinaccordancewiththeirself-identifiedgenderidentity,expresslydecliningtoadoptaprovisionoftheproposedrulethatprovidedthatincertaincases,analternativeaccommodationforatransgenderpersonsandotherpersons“whodonotidentifywiththesextheywereassignedatbirth”wouldbeappropriatetoensurehealthandsafety.Section5.106(c)requiresrecipientstotakenondiscriminatorystepsasnecessaryandappropriatetoaddresstheprivacyconcernsofallresidentsandoccupants.Nofundingwasspecificallyprovidedforthispurpose.Finally,theHousingTrustFundandRuralHousingStabilityAssistanceprogramswereaddedexplicitlytothenon-exclusivelistofprogramscovered,andlanguagewasaddedtoindicatethatthe2016ruleappliestobothrecipientsofHUDCPDgrantsandsubrecipients,aswellasthosewhoadministerCPD-fundedprogramsandservices.II.PROPOSEDRULEHUDhasreconsideredits2016Ruleanddeterminedthatprovidersshouldbeallowed,aspermittedbytheFairHousingAct,toconsiderbiologicalsexinplacementandaccommodationdecisionsinsingle-sexfacilities.HUDthusproposestoallowsheltersthatmayalreadyconsidersexinadmissionandaccommodationdecisions(i.e.,facilitiesthatSection5.106(b)(3). 7arenotcoveredbytheFairHousingAct)toestablishapolicythatplacesandaccommodatesindividualsonthebasisoftheirbiologicalsex,withoutregardtotheirgenderidentity.Thiswillallowsingle-sexfacilitiestoregaintheflexibilitytoservetheiruniquepopulationsthattheyhavefollowingthe2012Rule.Nothingintheproposedrulerestrictssheltersfrommaintainingapolicyonplacingandaccommodatinganindividualbasedongenderidentity.Theproposedruleleavesinplacerequirementsfromthe2012RulethatsheltersandallotherparticipantsinHUDprogramsensurethattheirprogramsareopentoalleligibleindividualsandfamilieswithoutregardtosexualorientationorgenderidentity.Thus,asheltermayplaceanindividualbasedonhisorherbiologicalsexbutmaynotdiscriminateagainstanindividualbecausethepersonisorisperceivedastransgender.Forexample,undertheproposedrule,ifasingle-sexfacilitypermissiblyprovidesaccommodationforwomen,anditspolicyistoserveonlybiologicalwomen,withoutregardtogenderidentity,itmaydeclinetoaccommodateapersonwhoidentifiesasfemalebutwhoisabiologicalmale.Conversely,thesamesheltermaynot,onthebasisofsex,declinetoaccommodateapersonwhoidentifiesasmalebutwhoisabiologicalfemale.Adifferentsheltermaychoosenottomakeplacementdecisionsoraccommodationsbasedonbiologicalsexandthereremainsnomandatethatshelterstakebiologicalsexintoaccount.III.JUSTIFICATIONFORTHERULECHANGEHUDbelievesthisproposedrulebetterresolvesthevariousequitiesinvolvedwithinthesheltercontextthanHUD’s2016Rule.Inparticular,HUDbelievesthatthe2016Ruleimpermissiblyrestrictedsingle-sexfacilitiesinawaynotsupportedbycongressionalenactment, $minimizedlocalcontrol,burdenedreligiousorganizations,manifestedprivacyissues,andimposedregulatoryburdens.first,the2016Rulerestrictedsingle-sexfacititiesinawaynotsttpporteclbyCongressionalenactment.Congresshasprohibiteddiscriminationonthebasisofsexin“dwellingsundertheFairHousingAct.Butithasnotactedtoprohibitconsiderationofsexintemporaryandemergencyshelters,manyofwhichdooffersex-specifichousingorsex-specificareasofhousing(suchasfacilitieswithphysicallimitationsorconfigurationsthathavesharedsleepingquartersorbathingareas).Asthe2016Rulerecognizes,“[a]nemergencyshelterandotherbuildingandfacilitythatwouldnotqualifyasdwellingsundertheFairHousingActarenotsubjecttotheAct’sprohibitionagainstsexdiscriminationandthusnzaybepermittedbystattttetobesexsegregated.”°ButHUD’s2016RuleeffectivelyrestrictssheltersfrommakingthispolicychoicepermittedbytheFairHousingAct,by—forexample—requiringshelterstoallowbiologicalmaleswhoself-identifyasfemalestobeadmittedtofemale-onlyshelters.Thus,underHUD’s2016Rule,thefemale-specificsheltersthatarepermittedundertheFairHousingActcanbeeffectivelyrestrictedfrombeingfemale-specific.Moreover,HUDdidnotrelyonexplicitstatutoryauthorization,liketheprohibitionagainst“sex”discriminationundertheFairHousingAct,whenHUDimplementedits2016Rule.Rather,HUDreliedontheSecretary’splenaryauthoritytoissueregulations,indicatingthat“HUD’sestablishmentofprogrammaticrequirementsfortemporary,emergencysheltersandotherbuildingsandfacilitiesfundedthroughHUDprogramsiswellwithinHUD’sstatLitoryauthorityandanimportantpartofHUD’smissioninensuringaccesstohousingforallAmericans.”ButHUDshouldnotreachbeyondtheauthoritygrantedtoHUDbyCongress.By80FR72644(preamble)(emphasisadded). 9actingunderplenaryauthorityinsteadofamorespecificaffirmativegrantofauthorityfromCongress,the2016Ruleviolatedthebasicprincipleofadministrativelawthatanagencyshouldnotgobeyondthescopeofthepowergrantedthembydulyenactedlegislationandimposedaregulatoryburden.Agenciesareto“implementthestatuteaccordingtoitstextandtoapplythelawnofurtherthanthetextwouldpermit”because“anyattempttodosoisathreattoindividualfreedom.”1Second,the2016Rttteminimizedlocalcontrol.The2016Rulealsoadoptedaone-size-fits-allapproachtoadmissionandaccommodationbygenderidentityintemporaryshelters,despitesignificantvariationinStateandlocallaw.Injustoneexample,theRulerequiresshelterstoadmitindividualsbasedonself-identificationastheonlymethodofdeterminingaperson’ssex.Thisapproachelevatessubjectiveassertionsbypersonsseekingaccommodationanddisallowsotherfactorsthatcouldbeusedtoobjectivelyverifysex.Recognizingconcernswiththisapproach,manystatesandlocalitiesprohibitingtransgenderdiscriminationrequireadifferingbarinenforcinganondiscriminationclaimbasedongenderidentity,asthreeexamplesdemonstrate.Anchorage,Alaska,forexample,requiresevidencethat“thegenderidentityissincerelyheld,coretoaperson’sgender-relatedself-identity,andnotbeingassertedforanimproperpurpose.”2HUD’sdefinitiondoesnotrequiresuchevidence.Inasecondexample,NewYorkWhiteHousememorandum“LegalPrinciplesforAllAdministrativeAction,”byDonaldF.McGahnIItoGeneralCounselsandChiefLegalOfficersofAllExecutiveBranchAgencies(May10,2018).2AnchorageMunicipalCode§5.020.010,availableat:https:J/Iihrarv.municode.com/akianchoraee/codes/codeofordinances?nodeld=TIT5EQRICH5.2OUNDIPR5.20.0lODE:seealso,DevinKelly,DiscriminationcomplaintagainstdowntownAnchoragewomen’sshelteropensuppoliticalfront(March14,2018),availableat:https://www.adn.com/alaskanews/anchoiaie/20l8/03/l4/discrimina1ion-complaint-aainst-downtown-anchoraoe-womens-sheltcr-opcns-up-pohtical-trontl(“Thelawrequiresthepersontoprove,throughmedicalhistoryandevidenceofcareortreatmentoftheirgenderidentity,thattheirgenderidentityis‘sincerelyheld,coretoaperson’sgender-relatedselfidentity,andnotbeingassertedforanimproperpurpose.”) 10City’scodeprohibitsdiscriminationonthebasisanindividual’sgenderidentity,includingforhousingaccommodations.NewYorkCity’scodedefinesgendertoencompassperceivedgenderidentity.’3Incontrast,HUD’scurrentregulationsdefinegenderidentitytoignoreanindividual’sperceivedgenderidentity.Morenotably,directlycontrarytoHUD’sregulations,NewYorkCity’scodeexplicitlyexcludes“sheltersforthehomelesswheresuchdistinctionsareintendedtorecognizegenerallyacceptedvaluesofpersonalmodestyandprivacyortoprotectthehealth,safetyorwelfareoffamilieswithchildren.”14Inathirdexample,Massachusettspublicaccommodationsmustaccommodateindividualsbasedupontheirgenderidentity.UnlikeHUD’scurrentregulations,Massachusettslawdoesnotcontainareferencetothegenderwithwhichanindividualidentifies.Instead,itdefinesgenderidentitytomean“aperson’sgender-relatedidentity,appearanceorbehavior,whetherornotthatgender-relatedidentity,appearanceorbehaviorisdifferentfromthattraditionallyassociatedwiththeperson’sphysiologyorassignedsexatbirth.”5Thus,thisdefinitioncontainsmoreobjectivefactorsthanHUD’scurrent,purelyself-identifiedregime.Further,unlikeHUD’scurrentregulations,Massachusettslawprovidesthat“gender-relatedidentitymaybeshownbyprovidingevidenceincluding,butnotlimitedto,medicalhistory,careortreatmentofthegender-relatedidentity,consistentanduniformassertionofthegender-relatedidentityoranyotherevidencethatthegender-relatedidentityissincerelySeeN.Y.C.Admin.Code§8-102(“Gender”).availableat:https://wwwI.nyc.eov/assetsfcchr/downloads/pUfITITLE$Humanc20Rights’720LawMay202019.pdl’.(Gender“includesactualorperceivedsex,genderidentityandgenderexpression,includingapersonsactualorperceivedgender-relatedself-image,appearance,behavior,expressionorothergender-relatedcharacteristic,regardlessofthesexassignedtothatpersonatbirth.”)N.Y.C.Admin.Code§8-107(5)(k)(“Applicability”),availableat:htts:I/wwwI.nyc.zov/assets/cchr/downloads/pdf/TITLE8Human%20Rihts%20LawMay%2020I9.pdf.NewYorkCity’sDepartmentofHomelessServiceshasrecentlyissuedbindingguidancetorequireplacementofindividualsbasedontheirself-professedgenderidentity.SeeNYCDepartmentofHomelessServices,OfficeofPolicy,ProceduresandTraining,DHS-PB-20l9-015(July15,2019),availableat:https://wwwI.nvc.eov/assets/dhs!clownloads/pdf!dhspolicyonservingtransgendernonbinaryandintersexdients.pdLHowever,thisguidanceonlyappliestolocally-fundedshelters.SeeMass.Gen.Lawsch.22C,§32,availableat:https://maleiislawre.gov/laws/oeneiallaws/parti/titleii/chapter22c/section32. 11heldaspartofapersonscoreidentity...”Finally,inMassachusetts,“gender-relatedidentityshallnotbeassertedforanyimproperpurpose...”16whileHUD’sregulationscontainnoreferencetoimproperpurposes.Giventhiswidepolicyvariation,HUDbelievesthatsheltersarebestabletoservetheirbeneficiarieswhentheycandeveloptheirownpoliciesonaccommodatingthosewhosegenderidentityconflictswiththeirbiologicalsexandthattheissuanceofthe2016prescriptiverulewasnotappropriate.Byadoptingalessprescriptiveapproach,HUD’snewproposedrulebetterreflectsconstitutionalprinciplesofdemocracyandfederalism.Thecurrentapproachrequiresthatsheltersadmitandaccommodateindividualsonthebasisoftheirgenderidentity,eventhoughmorethan30statesdonothavesucharequirement.Italsoprescribedthemeansbywhichsheltershadtodetermineanindividual’sgenderidentity(self-identification),eventhoughstateshavedifferingapproachestothisissue,nottomentionlocalities.AsthisPresident’sExecutiveOrder13132,“Federalism,”explains,“issuesthatarenotnationalinscopeorsignificancearemostappropriatelyaddressedbythelevelofgovernmentclosesttothepeople,”andthatthe“nationalgovernmentshouldbedeferentialtotheStateswhentakingactionthataffectsthepolicymakingoftheStates...”7HUDbelievesthebestwaytofulfillthisfederalismmandate—particularlyinadifficultissuelikethiswithalackofclearnationalconsensus—istorefrainfromenforcinganationalsolution.Third,the2016Ruleburdenedthoseshelterswithdeeplyheldreligiousconvictions.186SeeMass.Gen.Lawsch.4,§7,availableat:https:l/maleislature.ov/Laws!GeneralLaws/PartIlTitleI/Chapter4/section7“ExecutiveOrdert313132,“Federalism,”64FR43255,August10.1999.See.e.g.,MasterpieceCakesliop,Ltd.v.Cob.CivilRightsComm’n,138S.Ct.1719,1723(2018)(“Thecasepresentsdifficultquestionsastotheproperreconciliationofatleasttwoprinciples.ThefirstistheauthorityofaStateanditsgovernmentalentitiestoprotecttherightsanddignityofgaypersonswhoare,orwishtobe,marriedbutwhofacediscriminationwhentheyseekgoodsorservices.ThesecondistherightofallpersonstoexercisefundamentalfreedomsundertheFirstAmendment,asappliedtotheStatesthroughtheFourteenthAmendment.Thefreedomsassertedhereareboththefreedomofspeechandthefreeexerciseofreligion.”). 12Althoughnotdiscussedinthe2016Rule,theprescriptiveapproachtoadmissionandaccommodationonthebasisofgenderidentityraisesconcernsaboutburdensonfaith-basedshelterproviders.Insomefaithtraditions,sexisviewedasanimmutablecharacteristicdeterminedatbirth.Thus,legallycompelledaccommodationdeterminedonabasisinconflictwiththeprovider’sbeliefscouldviolatereligiousfreedomprecepts.Forexample,HopeCenterinAlaska,afaith-basedhomelessshelterforwomen,suedinFederalDistrictCourttopreventtheapplicationofalocallawthatwouldrequirethemtoservebiologicalmaleswhoidentifyasfemales.’9HopeCenterbelievesthatdoingsowouldviolatetheirsincerelyheldreligiousbeliefthattheBibleteachesthatGodcreatespeoplemaleorfemaleand“thatitshouldcareforwomenwholackshelter,”thusexcludingmen.20HopeCenterbelievesthattheapplicationoflawslikeHUD’s2016RuleviolatetheFirstAmendment’sFreeExerciseClause.HUD’s2016RuleraisesthesamepotentialissueofcoercingministrieslikeHopeto“abandon[their]missionandmessage...”2’inordertoparticipateingovernment-fundedprograms.ThelackofattentioninHUD’s2016RuletoreligiouslibertyisproblematicbecausetheDepartmentofJusticehasemphasizedthat“tothegreatestextentpracticableandpermittedbylaw,religiousobservanceandpracticeshouldbereasonablyaccommodatedinallgovernmentSeeJamesBrooks,MunicipalityofAnchoragewillpay$100,001tosettletransgender-discriminationlawsuitinvolvinghomelessshelter(October1,2019),availableat:https://www.adn.comlalaskanewslanchoragel2019/10/01/municipalitv-of-anchorac-wiH-pay-100001—to-settle-transender-discriminationlawsut-involvin-homcless-shcltori2Forafulldiscussionoftheirreligiousbeliefs,seeTheDowntownSoupKitchenv.Municipaith’ofAnchorage,No.3:l8-cv-00l90-SLG,Dkt.No.1,“VerifiedComplaint”,availableat:https://adt1etal.hloh.core.windows.netImainsite-municipality-of-anchorage/hope-center-v-anchorate---compIaint.pdf?sfvrsn=9536ch214pp.8-10;seealsoAllianceDefendingFreedomForFaithandJustice,DowntownHopeCenter‘.MunicipafltvofAnchorage,etat.,availableat:hups://adfleoalv-anchoraoe--—one-paoe-summarv.pdf?sfvrsn=fa9h07be6.TheDowntownSoupKitchenv.MunicipatThofAnchorage.No.3:18-cv-00190-SLG,Dkt.No.I,“VerifiedComplaint”,availableat:https://adt1eoal.bloh.core.windows.netJmainsite-new/docs/default-source/documents/leal-anchorage__-complaint.pdf?sfvrsnrr9536ch2l4 13activity.”22Insomeinstances,accommodationsofreligiousobjectionsarenecessitatedbyprotectionsintheFirstAmendment’sFreeExerciseClause.23Inotherinstances,religiousaccommodationsmaybeundertakeninfurtheranceofaseculargovernmentalgoalthatisnotdesignedtoadvanceorfurtherreligion.24Andyet,toprotecttheirreligiouspractice,shelterscurrentlymustseekindividual,specificwaiversundertheReligiousFreedomRestorationActorpotentiallyundertheSecretary’sgeneralwaiverauthority,25whichcanbebothtimeconsumingandburdensome.Further,the2016Rule’sapproachdiscouragessomereligiousprovidersfromacceptingHUDfundingatall,toavoidbeingforcedtoeithercomplywiththeruleortheneedtorequestawaiver.Thelargepercentageofsingle-sexfacilitiessponsoredbyreligiousorganizationsthatdonotparticipateinHUDprogramsmayreflecttheburdenorperceivedburdenofbothcurrentHUDrequirementsandthewaiverprocess.Insteadofcontinuingapiecemealandineffectivewayofaccountingforreligiousbeliefs,HUDproposesapolicythatwillrespectthereligiousbeliefsofsheltersastheydeveloptheadmissionsandaccommodationspolicy,providedthateachpolicyisconsistentwithstateandlocallaw.Byrespectingthereligiousbeliefsofshelters,HUD,canbetterprovidewideavailabilityofshelterstoparticipateintheprogram.Fourth,the2016Rttlehasmanifestedprivacyissues.Thecurrentrulegiveslittleconsiderationtotheshelter’sneedtotakecareofthementalhealthandprivacyconcernsofatFederalLawProtectionsforReligiousLiberty.82Fed.Reg.206(October6,2017).TheprotectionoftheFreeExerciseClauseextendstoactsundertakeninaccordancewithsincerelyheldbeliefs.TheFirstAmendmentguaranteesthefreedomto“exercise’religion,notjustthefreedomtobelieveinreligion.Jurisprudenceconcerningthisimportantareaoflawiscomplexandcontinuestodevelop.SeeFultonv.CityofPhita.,922F.3d140(3rdCir).cert.granted,2020U.S.LEXIS961(U.S.Feb.24,2020)(No.19-123).HUDbelievesitisappropriatetotakestepstoensurethatrightsunderthefreeExerciseClausearenotinfringed.TheSupremeCourthassaidthat“thereisroomforplayinthejoints’betweentheClauses,somespaceforlegislativeactionneithercompelledbythefreeExerciseClausenorprohibitedbytheEstablishmentClause.”Ctttterv.Wilkinson,544U.S.709,719(2005)(internalquotationandcitationomitted).42U.S.C.3535(q). 14riskclients,particularly“thespecialneedsofprogramresidentsthatarevictimsofdomesticviolence”alongwith“datingviolence,sexualassault,andstalking.”26Asheltermaywanttoreduceunwelcomeoraccidentalexposureto,orby,personsoftheoppositebiologicalsexwhereeitherpartymaybeinastateofundress—suchasinchangingrooms,sharedlivingquarters,showers,orothersharedintimatefacilities—toaddressprivacyconcernswhichmustbeconsideredandrespected.27Suchadesire,whichiscriticalinprovidingcareforvulnerablepopulations,currentlyrequiresshelterstoforegoHUDassistance.Thisneedforprivacyisespeciallystrongamongwomenwhohave“deeperpsychologicalissuesthatpreventthemfromcohabitatingwiththoseoftheoppositesex.”28Homelesswomenhavealltoooftenbeenthesubjectofsexualabuseandassault.Onestudyfoundthat“92%ofaraciallydiversesampleofhomelessmothershadexperiencedseverephysicaland/orsexualviolenceatsomepointintheirlives...“andanotherfoundthat“13%ofhomelesswomenreportedhavingbeenrapedinthepast12monthsandhalfofthesewererapedatleasttwice..Further,between22%and55%ofwomenarehomelessbecauseofintimatepartnerviolence.30Giventhesejarringstatistics,somehomelesswomenwouldbeexpectedtodistrustandfeelunsafearoundbiologicalmen,eventhoughtheyself-identifyaswomen.26NARROCommentLetter,availableat:https://www.rcecilationsov/document?D=HUD-20l5-0l04-0083.UnitedStatesv.Virginia,518U.S.515,550n.19(1996)(“Admittingwomento[anall-maleschoolJwouldundoubtedlyrequirealterationsnecessarytoatiordmembersofeachsexprivacyfromtheothersexinlivingarrangements”);Fortnerv.Thomas,983F.2d1024,1030(11thCir.1993)(“[Mlostpeoplehaveaspecialsenseofprivacyintheirgenitals,andinvoluntaryexposureoftheminthepresenceofpeopleoftheothersexmaybeespeciallydemeaningorhumiliating.”);FairHousingCouncilv.Roommate.Coin,LLC,666F.3d1216,1221(9thCir.2012)(“Asroommatesoftensharebathroomsandcommonareas,agirtmaynotwanttowalkaroundinhertowelinfrontofaboy.”).15NAHROCommentLetter,availableat:https://www.reeulations,eov/document’?D=HUD-20l5-0104-0083.2929https://vawnet.org/sitcs/default/liles/materiats/fites/2016-09/ARSAHomelessness.pdl’.U.S.DepartmentofHealth&HumanServices,AdministrationforChildren&Families,Family&YouthServicesBureau.“DomesticViolenceandHomelessness:Statistics(2016).”Published,June24,2016,accessedMarch21.2017.Availableat:littps://www.acf.hhs.gov/fysh/resource/dvhomelessnessstais20ló(citedbyhttp://womensliberationfront.org/wp-centent/uploads/20I9/04/MAILED-Copy-of-Hands-Across-the-Aisle-Letter-to-HUDdated-S-i-17.pdfl. 15HUDdoesnotbelieveitisbeneficialtoinstituteanationalpolicythatmayforcehomelesswomentosleepalongsideandinteractwithmeninintimatesettings—eventhoughthosewomenmayhavejustbeenbeaten,raped,andsexuallyassaultedbyamanthedaybefore.The2016Ruleminimizedtheshelter’sabilitytoprotecttheprivacyinterestofshelterseekers,notsothatthesheltercanbetterservetransgenderindividuals,butsothattheshelterisforcedtoadmitanyindividualwhoclaimstobethegendertheshelterserves.WhileHUDisnotawareofdatasuggestingthattransgenderindividualsposeaninherentrisktobiologicalwomen,thereisanecdotalevidencethatsomewomenmayfearthatnontransgender,biologicalmenmayexploittheprocessofself-identificationunderthecurrentruleinordertogainaccesstowomen’sshelters.ThiscouldharmindividualsinneedofshelterbychillingtheirparticipationinHUDprograms.Forexample,inAlaska,“womenhavetoldshelterofficialsthatifbiologicalmenareallowedtospendthenightalongsidethem,‘theywouldrathersleepinthewoods,’eveninextremecold...withtemperatureshoveringaroundzero.”3’HUDisalsoawareofapendingcivilcomplaintinFresno,CaliforniafromninehomelesswomenagainstNaomi’sHouse,ahomelessshelterthatreceivesHUDfunding.Thesewomenallegethattheshelterenabledsexualharassmentbecauseabiologicalmalewhoself-identifiedasafemaleenteredahomelessshelterandshoweredwithfemales.Thisindividualwould“repeatedlymakelewdandsexuallyinappropriatecommentstosomeofthePlaintiffs,”“stareandleeratPlaintiffswhilenakedandmakesexuallyharassingcommentsabouttheirbodies,”andshow“sexualpicturesand/orvideosof[theindividualjandmak[e]sexualadvancesonsomeofthe,,32Plaintiffs.-RachelDOro,Faith-basedshelterfightstokeepouttransgenderwomenJanuary11,2019),availableat:https://www.apnews.com/85494d367c2d4a38hI749176a89f49c3.McGeev.PovereltoHouse,No.1:18-cv-0076$-LJO-SAB,2018U.S.Dist.LEXIS189174,at*3(ED.Cal.Nov.5,2018). 16The2016Ruleattemptedtoaddressprivacyandsecuritythroughpost-admissionaccommodationsandprocedures,butthishasprovenunworkablefortoomanyshelterswithoutalternativeoptionstoaddresspracticalandprivacyconcerns.Sheltersoperateindifficultconditions,oftenwithtroubledclientele,throughoverburdenedandsometimesvolunteerstaff,andthecurrentrulemakesitimpracticableforsomesheltersto,afteradmittingabiologicalmale,adequatelyprotecttheprivacyinterestsoftheirbiologicalfemaleclientelewhodonotwanttoshower,undress,andsleepinthesamefacilitiesasbiologicalmen.WhileHUDarguedin2016thatshelterscouldaddressprivacyconcernsthrough“schedulesthatprovideequalaccesstobathingfacilities,andmodificationstofacilities,suchastheuseofprivacyscreensand,wherefeasible,theinstallationofsingleoccupantrestroomsandbathingfacilities,”33HUDbelievesthatthisisnotanoptionformanyshelters,whosebudgets,staff,andspacearealreadylimited.HUDrecognizesthatsheltersmustalsotakespecialcaretoaddressthementalhealthandsafetyneedsoftransgenderindividuals.HUDisawarethattransgenderindividualsexperiencepoverty,housinginstability,mentalhealthissues,domesticviolence,andhomelessnessathighrates.Giventheratesofviolenceandmistreatmentthathomelesstransgenderpersonsexperience,HUDrecognizesthatshelteraccessfortransgenderpersonsiscritical.Thus,theproposedrulerequiresthatifashelterdeniesaccesstoapersonbasedonadeterminationofsex,thesheltermustutilizetheCoC’scentralizedorcoordinatedassessmentsystemtoprovideatransferrecommendationtoanalternativeshelteroraccommodation.Sheltersmayalsochoosetoadmitindividualsoncriteriaotherthanbiologicalsex.Forexample,undertheproposedrule,asingle-sexfacilitycouldcontinuetooperateunderthepolicy81FR64763,September21,2016. 17setforthinthe2016Rule.Underthatpolicy,anintakeworkeratasingle-sexhomelessnessfacilitywouldaskanindividualtheirgenderidentity,andifthepersonidentifiedthemselveswiththegenderservedbythefacility,theywouldbeadmitted.Undertheproposedrule,asingle-sexfacilityforwomencouldhaveapolicythatonlyadmitsbiologicalwomen.Ashelterwouldhavetheflexibilitytoimplementthispolicyastheyfeelappropriate,providedthattheyonlydenyanindividualseekingaccommodationoraccesstothetemporary,emergencyshelterswhentheyhaveagoodfaithbeliefthatindividualisnotofthesexwhichtheshelter’spolicyaccommodatesandtheyprovideatransferrecommendationasrequiredundertheregulation.Denialofaccommodationsolelybecauseofaperson’sgenderidentitythatdiffersfrombiologicalsexisnotpermitted.Shelterscouldalsohavepoliciesthatfollowstateorlocallaw,suchasperceivedgenderidentity,thatvariesfromtheHUDdefinitionofself-identifiedgenderidentity.Otherpossiblepoliciescouldbebasedonmedicaltransitionstatus,activehormonetherapyorstaterecognizedgenderstatus.Thekeytestforsuchpoliciesiswhetherifanothershelteradopteda“mirror”policy(thatis,thesamepolicybutdirectedattheothersex),anypersonnotaccommodatedatoneshelterwouldbeaccommodatedattheothershelter.Inpractice,wherepeopleseekingshelterareaskedtheirsexatintakeintothefacility,andiftheyidentifythemselvesasthesexthatisservedbytheshelter,theyareadmittedunlesstheshelterhasagoodfaithbasistodoubttheconsistencyofthesexassertedwiththesexservedbytheshelter,determinedinaccordancewithitsownpolicy.Wheresuchdoubtexists,thesheltercouldalsohavealistofpossiblesourcesofevidencetheshelterseekercouldprovidesuchasabirthcertificate,otheridentification,ormedicalrecords.Thiscouldoccuratintakeorsubsequently,iftheshelterresidentisunabletoverifytheirsex,theshelterwouldworkthrough 1$thecentralizedorcoordinatedassessmentsystemtoprovideatransferrecommendationforanothershelter.Thisapproachwouldbetterprotectshelterclientsaswell.UnderHUD’s2016Rule,whileprivacyaccommodationsmaysometimesbeavailableforindividualswhoneedadditionalprivacy,“alternativeaccommodationscanonlybeofferedwhenanindividualrequestsit,andundertheseproposedregulations,housingprovidersarelikelyonlyleftwiththeoptionofmovingthedomesticviolencevictimresident.”34Butsomeindividualsmayhesitatetoraisetheirconcerns,forfearofretaliationbytheserviceproviderorbecausetheydonotknowwhetherprivacyaccommodationisanavailableoption.HUDbelievestheeasierapproachwouldbetoletsheltersaccommodateprivacyconcernsinamannerthatcausestheleastoveralldisruptiontoresidents.Finally,the2016Rttleimposedregulatoryburdens.Theruleimposesseveraldifferenttypesofregulatoryburdens.Itimposesaspecialdocumentretentionrequirementapplicabletodeterminationsof“sex”thatisburdensomeandnotsupportedeitherbystatuteorpractice.ThisburdenisinconsistentwithExecutiveOrdersdirectingagenciesto“alleviateunnecessaryregulatoryburdensplacedontheAmericanpeople,”and“managethecostsassociatedwiththegovernmentalimpositionofprivateexpendituresrequiredtocomplywithFederalregulations.”36Additionally,asdiscussedaboveinthefourthpoint,sheltersmaynothavetheresourcestobuildindividualprivacyscreensorsingleoccupantrestroomsandbathingfacilitiestoaddressanyprivacyconcernsthatmayarise.ExecutiveOrder13777,“EnforcingtheRegulatoryReformAgenda,”$2FR12285,March1,2017.ExecutiveOrder13777.“EnforcingtheRegulatoryReformAgenda.”$2FR122$5,March1,2017.ExecutiveOrder13771,“ReducingRegulationandControllingRegulatoryCosts,”$2F.R.9339,Feb.3,2017. 19Theseregulatoryburdenscouldhaveamaterialimpactontheavailabilityofhomelessnessservices.HUD’sEmergencySolutionsGrantsprogramandotherCPDprogramsprovideasmallshareofthefundingthatisusedforemergencyshelters.Forexample,infiscalyear2019,HUD’sEmergencySolutionsGrantsprogramprovided$290millioninfunding.Incontrast,withnearly300,000emergencyshelterbedsandcostsrangingfrom$14to$61perbed-nightforindividualsandmoreforfamilies,overallspendingforemergencyshelterisseveralbilliondollarsperyear.Thelackofsheltercapacityinmanycommunitiescontributestohighnumbersofpeoplewhoexperienceunshelteredhomelessness.Localgovernmentsandnonprofitorganizationsutilizeanypotentialspacetouseasshelter,andmanytimes,thesesheltersoperateunderseverefinancialconstraints.Providingadditionaloptionsforoperatingsingle-sexfacilitiesasproposedbythisrulemayencouragemoreemergencyshelterstoparticipateinHUD’sprogramsandpreventthelossofemergencysheltercapacity.Theadditionalfundingcouldbeusedtoupgradefacilitiesandservices,improvingthequalityofassistanceforpeopleexperiencinghomelessness.IV.SUMMARYOFPROPOSEDRULEThisproposedrulewouldrevise§5.106(c)(l)toexpresslyallowarecipient,subrecipient,owner,operator,manager,orprovidertoestablishitsownpoliciesfordeterminingwhethertorestrictaccessbasedonanindividual’ssexforthepurposesofdeterminingadmissionsandaccommodationwithinasingle-sexfacility.Suchapolicycouldalignwith,orborrowfrom,astateorlocalgovernment’spolicyfordetermininganindividual’ssex,37butisnotrequiredtodoso.Therulealsoprovidesinparagraph(c)(1)thatsuchpoliciesmustbeconsistentwithfederal,state,andlocallaw.Underparagraph(c)(2)arecipient,subrecipient,See,e.g.,Iowastatelawfordeterminingsexdesignationchange.IowaCodeAnn.144.23. 20owner,operator,manager,orproviderispermittedtotakeintoaccountawidevarietyoffactorsinissuingapolicy,includingprivacy,safety,andsimilarconcerns.Proposedparagraph(c)(3)wouldrestricthowasingle-sexfacilitywouldapplythepolicydraftedunderparagraph(c)(l)andrequirethesingle-sexfacilitytoapplyitspolicyuniformlyandconsistently.Itwouldalsoprovidethatarecipient,subrecipient,owner,operator,manager,orprovidermaydetermineanindividual’ssexbasedonagoodfaithbeliefthatanindividualseekingaccesstothetemporary,emergencysheltersisnotofthesex,asdefinedinthesingle-sexfacility’spolicy,whichthefacilityaccommodates.HUDwouldconsiderthisgoodfaithbeliefssufficienttoshowthatadecisionmakerwasnotdiscriminatingforpurposesofdeterminingcompliancebasedonanindividual’sactualorperceivedgenderidentityin§5.105(a)(2).HUDbelievesthatreasonableconsiderationsmayinclude,butarenotlimitedtoacombinationoffactorssuchasheight,thepresence(butnottheabsence)offacialhair,thepresenceofanAdam’sapple,andotherphysicalcharacteristicswhich,whenconsideredtogether,areindicativeofaperson’sbiologicalsex.Agoodfaithdeterminationcouldalsobemadeifapersonvoluntarilyself-identifiesasthebiologicalsexthatisoppositethatservedbythesinglesexfacilityifthatisapartofitspolicy.Incaseswherearecipient,subrecipient,owner,operator,manager,orproviderhasagoodfaithbeliefthattheindividualisnotofthebiologicalsexservedbythesingle-sexfacility,therecipient,subrecipient,owner,operator,manager,orprovidermayrequestevidenceoftheindividual’sbiologicalsex.Evidencerequestedmustnotbeundulyintrusiveofprivacy,suchasprivatephysicalanatomicalevidence.Evidencerequestedcouldincludegovernmentidentification,butlackofgovernmentidentificationalonecannotbethesolebasisfordenyingadmittanceonthebasisofsex. 21ContinuumofCare(CoC)isaregionalorlocalplanninggroupthatcoordinateshomelessnessservicesandisgenerallycomposedofrepresentativesfromgovernmentsandorganizationsthatfocusonfightinghomelessness.CoCsareresponsibleforensuringthatpeopleexperiencinghomelessnessreceiveassistanceinacoordinatedandtimelyfashion.Specifically,CoCsarerequiredtocreateandimplementaplanthatcoordinatesimplementationofhousingandservicesystemthatmeetstheneedsofpeopleexperiencinghomelessness(578.7(c)(1)),andtherequirementforCoCs,inconsultationwithalocalrecipientofEmergencySolutionsGrantsfundstooperateacoordinatedentrysystemthatprovidesaninitial,comprehensiveassessmentofneedsforhousingandservices(578.7(a)(8)).Tohelppromotetheseobjectives,HUDprovidesinparagraph(d)(4)ofthisproposedrulethatifasingle-sexfacilitydeniesaccesstoapersonunderthisrulebasedonagoodfaithbeliefthatapersonseekingaccesstothesingle-sexfacilityisnotofthebiologicalsexwhichtheshelteraccommodates,asheltermustusethecoordinatedentrysystemtoprovideatransferrecommendationtoanalternativefacility.Inaddition,therulemorebroadlyprovidesthatifapersonobjectstotheprovider’spolicyfordeterminingsexbecauseoftheperson’ssincerelyheldbeliefs,thenthesheltermustalsoprovideatransferrecommendationtoanalternativeshelter.Finally,HUDproposestoremoveparagraphs(b)(1)through(b)(4),inclusively,whichcurrentlyenumeratestheapplicationsoftheantidiscriminationprovision,infavorofastreamlinedreferenceto§5.105(a)(2).Section105(a)(2)entitlesequalaccesstoHUD-assistedhousingbyprohibitingdeterminationsforhousingeligibilityfrombeingbasedonactualorperceivedsexualorientation,genderidentity,ormaritalstatus.Theproposedrulewouldalsoeliminatethepreviouslydiscussedburdensomespecialdocumentretentionrequirementinthecurrentruleapplicabletodeterminationsof“sex.”This 22proposedruledoesnotprohibitanyindividualfromvoluntarilyself-identifyingsexualorientationorgenderidentity,asitdoesnotprohibitashelter,underitsownpolicy,fromrecognizingsuchself-identification.Otherthanthesespecifiedchanges,thecurrentregulationswouldremainineffect.HUDbelievesthatacombinationofstronganti-discriminationprotectionsandaffordinggranteesalargemeasureofdiscretioninanareawithdivergent,deeplyheldandsubstantiallysupportedviewsoffersthebroadestworkableprotectionforindividuals,includingtransgenderindividuals.Thisproposedrulewouldalsoamend§576.400(e)(3)(iii)toaddlanguageallowingforexceptionsasauthorizedunder§5.106towrittenstandardsforHUD’sEmergencySolutionsGrantProgram.RequestforComments1.HUDismaintainingthenondiscriminationprotectionsfromits2012rule,eventhoughtheylackanexplicitstatutoryauthorization,becauseHUDisnotawareofanyrelevantpartythathasraisedanymaterialconcernsaboutthe2012rule.HUDbelievesallfederallysupportedhousingopportunitiesshouldbeprovidedtoallinanondiscriminatorymanner,includingforsexualorientationandgenderidentity.HUDspecificallyseekscommentsonwhetherHUDshouldmaintaintheanti-discriminationprotections?2.HUDrequestscommentsonwhataregoodfaithconsiderationsthatareindicativeofaperson’sbiologicalsex.ShouldHUDdefinewhatconstitutesagoodfaithbelieffordeterminingbiologicalsexandwhattypeofevidencewouldbehelpfulfordetermininganindividual’sbiologicalsex?How,ifatall,shouldgovernmentIDsbeconsidered?3.CoCsareresponsibleforcreatingandimplementingaplanthatcoordinatesthehousingandservicesystemthatmeetstheneedsofpeopleexperiencinghomelessness(including 23unaccompaniedyouth)andfamiliesandincludes,shelter,housing,andsupportiveservices(578.7(c)(1)).HUDisproposingthatforpeoplewhoaredeniedaccesstoshelterbecauseofapolicyregardingadmissionorplacementinsingle-sexfacilities,thesheltermustprovideatransferrecommendationforindividualstotheCoordinatedEntryproviderfortheContinuumofCare.HUDisalsoseekingcommentonwhatrequirements,ifany,HUDshouldincludeinthefinalruletoensurethatshelterpoliciesarecoordinatedandimplementedinawaythatallowsallpersonsexperiencinghomelessnessinthegeographicarea(includingpersonswithdisabilities)tobeservedtimelyandinanon-discriminatorymanner?Istherequirementofprovidingatransferrecommendationundulyburdensomeordoesitotherwiseposeoperationalchallenges?V.FINDINGSANDCERTIFICATIONSRegulatoryReview—ExecutiveOrders12866and13563ExecutiveOrders12866and13563directagenciestoassessallcostsandbenefitsofavailableregulatoryalternativesand,ifregulationisnecessary,toselectregulatoryapproachesthatmaximizenetbenefits(includingpotentialeconomic,environmental,publichealth,andsafetyeffects;distributiveimpacts;andequity).ExecutiveOrder13563emphasizestheimportanceofquantifyingbothcostsandbenefits,ofreducingcosts,ofharmonizingrules,andofpromotingflexibility.UnderExecutiveOrder12866(RegulatoryPlanningandReview),adeterminationmustbemadewhetheraregulatoryactionissignificantand,therefore,subjecttoreviewbytheOfficeofManagementandBudget(0MB)inaccordancewiththerequirementsoftheorder.Theproposedrulehasbeendeterminedtobea“significantregulatoryaction,”asdefinedinsection3(f)oftheOrder,butnoteconomicallysignificantundersection3(f)(1)oftheOrder.ThedocketfileisavailableforpublicinspectionintheRegulationsDivision,OfficeofGeneralCounsel,DepartmentofHousingandUrbanDevelopment,4517thStreetSW,Room10276, 24Washington,DC20410-0500.DuetosecuritymeasuresattheBUDHeadquartersbuilding,pleasescheduleanappointmenttoreviewthedocketfilebycallingtheRegulationsDivisionat202-402-3055(thisisnotatoll-freenumber).IndividualswhoaredeaforhardofhearingandindividualswithspeechimpairmentsmayaccessthisnumberviaTTYbycallingtheFederalRelayServiceat800-877-8339(thisisatoll-freenumber).ExecutiveOrder13771ExecutiveOrder13771,entitled“ReducingRegulationandControllingRegulatoryCosts,”wasissuedonJanuary30,2017.Section2(a)ofExecutiveOrder13771requiresanAgency,unlessprohibitedbylaw,toidentifyatleasttwoexistingregulationstoberepealedwhentheAgencypubliclyproposesfornoticeandcommentorotherwisepromulgatesanewregulation.Infurtheranceofthisrequirement,section2(c)ofExecutiveOrder13771requiresthatthenewincrementalcostsassociatedwithnewregulationsshall,totheextentpermittedbylaw,beoffsetbytheeliminationofexistingcostsassociatedwithatleasttwopriorregulations.ThisproposedruleisexpectedtobeaderegulatoryactionunderExecutiveOrder13771byprovidingflexibilityforgranteesindeterminingtheirpolicies.UnfundedMandatesReformActTitleIIoftheUnfundedMandatesReformActof1995(Pub.L.104—4;approvedMarch22,1995)(UMRA)establishesrequirementsforFederalagenciestoassesstheeffectsoftheirregulatoryactionsonstate,local,andtribalgovernments,andontheprivatesector.ThisproposedruledoesnotimposeanyFederalmandatesonanystate,local,ortribalgovernment,orontheprivatesector,withinthemeaningoftheUMRA.EnvironmentalReview 25Thisproposedrulesetsforthnondiscriminationstandards.Accordingly,under24CFR50.19(c)(3),thisproposedruleiscategoricallyexcludedfromenvironmentalreviewundertheNationalEnvironmentalPolicyActof1969(42U.S.C.4321).RegulatoryFlexibilityActTheRegulatoryFlexibilityAct(RFA)(5U.S.C.601etseq.),generallyrequiresanagencytoconductaregulatoryflexibilityanalysisofanyrulesubjecttonoticeandcommentrulemakingrequirementsunlesstheagencycertifiesthattherulewillnothaveasignificanteconomicimpactonasubstantialnumberofsmallentities.Thenumberofentitiesthatwouldbeaffectedbythisruleislimitedtoentitieswhocanlegallyoperatesingle-sexfacilitiesandwouldchangeorestablishpolicyasaresultoftheaccommodationneedsaddressedbythisrule.HUDdoesnothavetheexactnumberofentitiesthatwouldbeaffected.However,asanexample,approximatelyoutofthe1,900emergencysheltersarefundedbyHUDprograms.Outofthis1,900,HUDdoesnotknowhowmanyofthosewouldissueanewpolicy.NordoesHUDknowhowmanyofthosearesmallentities.HUDspecificallyrequestsfromthepublicanyinformationaboutthenumberofsmallentitiesthatmightbeimpacted.Furthermore,HUDanticipatesthatentitieswhodevelopapolicyasaresultofthisrulewillgenerallyfaceonlyasmallburdenindeterminingandestablishinganorganizationalpolicy.Accordingly,fortheforegoingreasons,theundersignedcertifiesthatthisrulewillnothaveasignificanteconomicimpactonasubstantialnumberofsmallentities.NotwithstandingHUD’sdeterminationthatthisproposedrulewouldnothaveasignificanteffectonasubstantialnumberofsmallentities,HUDspecificallyinvitescommentsonwhetheritwillnothaveasignificanteffectandregardinganylessburdensomealternativestothisrulethatwillmeetHUD’sobjectives. 26ExecutiveOrder13132,FederalismExecutiveOrder13132(entitled“Federalism)prohibitsanagencyfrompublishinganyrulethathasFederalismimplicationsiftheruleeitherimposessubstantialdirectcompliancecostsonstateandlocalgovernmentsorisnotrequiredbystatute,ortherulepreemptsstatelaw,unlesstheagencymeetstheconsultationandfundingrequirementsofsection6oftheExecutiveOrder.ThisrulewouldnothaveFederalismimplicationsandwoctidnotimposesubstantialdirectcompliancecostsonstateandlocalgovernmentsorpreemptstatelawwithinthemeaningoftheExecutiveOrder.ListofSubjectsin24CfRPart5Administrativepracticeandprocedure,Aged,Claims,Drugabuse,Drugtrafficcontrol,Grantprograms—housingandcommunitydevelopment,Grantprograms—Indians,Individualswithdisabilities,Loanprograms—housingandcommunitydevelopment,Lowandmoderateincomehousing,Mortgageinsurance,Pets,Publichousing,Rentsubsidies,Reportingandrecordkeepingrequirements.ListofSubjectsin24CFRPart576Communityfacilities,Grantprograms-housingandcommunitydevelopment,Grantprograms-socialprograms,Homeless,ReportingandrecordkeepingrequirementsAccordingly,forthereasonsstatedabove,HUDproposestoamend24CFRpart5asfollows:PART5—GENERALHUDPROGRAMREQUIREMENTS;WAIVERS1.Theauthoritycitationforpart5continuestoreadasfollows:Authority:29U.S.C.794,42U.S.C.1437a,1437c,1437c-1(d),1437d,1437f,1437n,3535(d),andSec.327,Pub.L.109-115,119Stat.2936;42U.S.C.3600-3620;42U.s.c. 275304(b);42U.S.C.12101etseq.;42U.S.C.12704-12708;E.O.11063,27FR11527,3CFR,1958-1963Comp.,p.652;E.O.12892,59FR2939,3CFR,1994Comp.,p.849.2.In§5.100,revisethefirstsentenceofthedefinitionof“Genderidentity”toreadasfollows:§5.100Definitions****Genderidentitymeansactualorperceivedgender-relatedcharacteristics.********3.In§5.106,reviseparagraphs(b)and(c),andremoveparagraph(d)toreadasfollows:§5.106Accessincommunityplanninganddevelopmentprograms.*****(b)Access.Theadmissions,occupancy,andoperatingpoliciesandproceduresofrecipients,subrecipients,owners,operators,managers,andprovidersidentifiedinparagraph(a)ofthissectionshallbeestablishedoramended,asnecessary,andadministeredinanondiscriminatorymannertoensurethateligibilitydeterminationsaremade,andassistedhousingismadeavaiLableinCPDprogramsasrequiredby§5.105(a)(2).(c)Admissioizaizdaccommodationintemporary,emergencysheltersandotherbuildingsandfacilitieswithsharedsleepingquartersorsharedbathingfacilities.(])Admissionandaccommodationpolicies.Recipients,subrecipients,owners,operators,managers,orprovidersoftemporary,emergencysheltersorotherbuildingsandfacilitieswithphysicallimitationsorconfigurationsmaymakeadmissionandaccommodationdecisionsbased 28onitsownpolicyfordeterminingsexifthepolicyisconsistentwithparagraphs(c)(2)-(4)ofthissection.Anysuchpolicymustbeconsistentwithfederal,state,andlocallaw.(2)Privacyandsafetyconsiderations.Thepolicyofarecipient,subrecipient,owner,operator,manager,orproviderestablishedpursuanttoparagraph(c)(l)ofthissectionmayconsiderprivacy,safety,andanyotherrelevantfactors.(3)Applicationofthepolicy.Arecipient,subrecipient,owner,operator,manager,orprovidermustapplyanypolicyestablishedpursuanttoparagraph(c)(1)inauniformandconsistentmanner.Arecipient,subrecipient,owner,operator,manager,orprovidermaydenyadmissionoraccommodationintemporary,emergencysheltersandotherbuildingsandfacilitieswithphysicallimitationsorconfigurationsthatrequireandarepermittedtohavesharedsleepingquartersorsharedbathingfacilitiesbasedonagoodfaithbeliefthatanindividualseekingaccommodationoraccesstothetemporary,emergencysheltersisnotofthesexwhichtheshelter’spolicyaccommodates.Ifatemporary,emergencyshelterhasagoodfaithbeliefthatapersonseekingaccesstotheshelterisnotofthesexwhichtheshelteraccommodates,thesheltermayrequestinformationordocumentaryevidenceoftheperson’ssex,exceptthatthesheltermaynotrequestevidencewhichisundulyintrusiveofprivacy.(4)Transferrecommendation.Ifatemporary,emergencyshelterdeniesadmissionoraccommodationsbasedonagoodfaithbeliefthatapersonseekingaccesstotheshelterisnotofthesexwhichtheshelteraccommodatesasdeterminedunderitspolicy,thesheltermustusethecentralizedorcoordinatedassessmentsystem,asdefinedin§578.3ofthistitle,toprovideatransferrecommendationtoanalternativeshelter.ifapersonstatestothetemporary,emergencyshelterthattheprovider’spolicyfordeterminingsexisinconsistentwiththeperson’ssincerelyheldbeliefs,includingprivacyorsafetyconcerns,thenthesheltermustusethecentralizedor 29coordinatedassessmentsystem,asdefinedin§578.3ofthistitle,toprovideatransferrecommendationtoanalternativeshelter.PART576—EMERGENCYSOLUTIONSGRANTSPROGRAM4.Theauthorityfor24CFRpart576continuestoreadasfollows:Authority:12U.S.C.1701x,1701x-1;42U.S.C.11371etseq.,42U.S.C.3535(d).5.In§576.400,addattheendofparagraph(e)(3)(iii)theparenthetical,“(thesepoliciesmustallowfortheexceptionsasauthorizedundertheEqualAccessRule,24CFR§5.106)”.Dated:—_______ _— .BenjaminS.Carson,Sr.Secretary[Billingcode:4210-67] From: Beckman, Kathleen <Kathleen.Beckman@MyClearwater.com> Sent: Monday, September 28, 2020 1:21 PM To: Akin, Pam <Pam.Akin@myClearwater.com> Cc: Kuligowski, Patricia <Patricia.Kuligowski@myClearwater.com> Subject: Information related to HUD proposed rule change to discriminate against transgender people https://www.advocate.com/transgender/2020/7/17/true-colors-others-counter-trumps-attack- homeless-trans-people (The Advocate) https://nlihc.org/resource/hud-publishes-proposed-anti-transgender-rule-federal-register (National Low Income Housing Coalition) https://www.cbpp.org/press/statements/huds-proposed-rule-would-allow-discrimination-against- transgender-people (Center on Budget and Policy Priorities) https://www.hrc.org/news/hud-proposal-to-gut-equal-access-rule-puts-transgender-lives-at-risk (Human Rights Campaign) https://www.nytimes.com/2020/07/01/us/politics/hud-transgender.html (New York Times Reporting) https://www.cbsnews.com/news/hud-transgender-rule-change-proposal-new-shelter-policy-ben- carson-rolls-back-homeless-shelter-protections/ (CBS News) NOTE: Ben Carson, Director of HUD said: “it would better accommodate the religious beliefs of faith- based groups that run shelters.” Clearly this is a violation of the separation of church and state. If religious organizations are receiving federal funding, they must follow the Federal Equal Access Rule. If they want to discriminate based on sexual orientation/self-expressed gender identity – they do so knowing they will not receive federal funding.