08/31/2020 Council Work Session Meeting Minutes August 31, 2020
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
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Meeting Minutes
Monday, August 31, 2020
9:00 AM
Main Library - Council Chambers
Council Work Session
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City of Clearwater
Council Work Session Meeting Minutes August 31, 2020
To ensure public safety and comply with the Governor's Safer at Home order in response to the
COVID-19 virus, the Clearwater City Council will hold a public meeting on Monday, August 31, 2020 at
9:00 a.m. using communications media technology.
Pursuant to Executive Order No. 20-69, issued by the Office of Governor Ron DeSantis on March 20,
2020, municipalities may conduct meetings of their governing boards without having a quorum of its
members present physically or at any specific location, and utilizing communications media technology
such as telephonic or video conferencing, as provided by Section 120.54(5)(b)2, Florida Statutes.
Roll Call
Present 5 - Mayor Frank Hibbard, Vice Mayor David Allbritton, Councilmember
Hoyt Hamilton, Councilmember Kathleen Beckman, and
Councilmember Mark Bunker
Also Present: William B. Horne II — City Manager, Micah Maxwell —Assistant City
Manager, Michael Delk—Assistant City Manager, Pamela K. Akin City
Attorney, Rosemarie Call — City Clerk, and Nicole Sprague — Deputy
City Clerk.
To provide continuity for research, items are listed in agenda order although not
necessarily discussed in that order.
1. Call to Order— Mayor Hibbard
The meeting was called to order at 9:00 am via communications media
technology.
2. Presentations — Given.
2.1 Forward Pinellas - Mr. Whit Blanton, Executive Director
Mr. Blanton provided a PowerPoint presentation.
In response to questions, Mr. Blanton said the beacons were pioneered in
Pinellas County and their use has become a statewide trend. Unfortunately,
the motorists in Brevard County are not as familiar with the beacons and last
year there was a fatality involving a 12-year old pedestrian, the driver did not
realize that he was supposed to stop. A legislator from Brevard County filed
a bill requiring the beacons be changed from yellow to red lights; the Florida
Legislature provided one year to implement the change. He said the beacons
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Council Work Session Meeting Minutes August 31, 2020
are regulated by the Federal Highway Administration (FHA), FHA will not
make the change or implement the change within one year. Drivers must
stop when the flashing beacons are engaged with the pedestrian in the
crosswalk and in the driver's lane.
2.2 Pinellas County Presentation on Belcher Road and Gulf to Bay Boulevard - 1) Ken
Jacobs, PWE, TSOS, RSP - Director of Transportation Pinellas County Public Works 2)
Kevin Kuhlow, PE - Ayres Associates, Inc., Transportation Services Manager, 3)
Available for questions: Hisham Sunna, PhD, PE - Ayres Associates, Inc., Belcher Rd
and Gulf to Bay Blvd Project Manager
Mr. Kuhlow provided a powerpoint presentation.
In response to questions, Mr. Kuhlow said changes will include wider
sidewalks, in the median where left turns were previously, there will be
enough space for pedestrian to take refuge if unable to cross the street in
one phase. The intersection traffic lights will be coordinated, both u-turns will
be going off at the same and the east-bound and west-bound traffic will be
stopped to allow the u-turns. Mr. Jacobs said the flashing yellow turn signals
are no longer at the intersections. There is some flexibility in terms of how
long the all-red light is but no flexibility on the minimum length, which is
determined by a federal equation. He said the issue with extending the all-
red light is that motorists learn about the length and run the red further. After
a road safety audit was completed 18 months ago, the county implemented
the short-term solutions. Mr. Kuhlow said the grooved roads are used in rural
locations. The plan will be shared with the public and feedback provided to
the Council. Signs will be required to advise motorists how to make a left
turn, drivers will have to be in the right lane.
3. City Manager
3.1 Approve not-to-exceed increase of$125,000 to Hilltop Securities Inc. (Hilltop) for spring
training deal structure consulting services provided by ICON Venue Group, LLC d/b/a
CAA ICON (CAA ICON) as subconsultant to Hilltop per Amendment 1 to the agreement
dated April 17, 2019 between Hilltop and CAA ICON, approve a not-to-exceed
administrative fee increase of$5,000 to Hilltop per the agreement between Hilltop and
the City, bringing the total for contract No. 900622 to $188,059.17 and authorize the
appropriate officials to execute same. (consent)
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In the Spring of 2019, the City requested assistance from the City's financial
advisor, Hilltop Securities (Hilltop), with professional analysis of the proposed
Phillies spring training terms. In April 2019, the City contracted with Hilltop for
the services of a subconsultant, CAA ICON. Hilltop contracted with CAA ICON
on behalf of the City. Payments to Hilltop for CAA ICON consulting fees and
related expenses totaled $53,059.17, with another $5,000 in Hilltop
administrative and consulting fees under contract#900622. With this increase
the total not-to-exceed amount for services under the contract will total
$188,059.17
The City has determined that additional CAA ICON consulting services are
needed during negotiations of a new spring training lease agreement with the
Phillies. CAA ICON has proposed a fee of$25,000 per month for a minimum of
3 months, plus travel expenses, etc. Staff is requesting a not-to-exceed
increase of$125,000 to provide a buffer if negotiations exceed the three-month
timeframe. Additionally, not-to-exceed increase of$5,000 is requested for Hilltop
administrative and consulting fees as needed.
APPROPRIATION CODE AND AMOUNT:
A third quarter budget amendment will provide a transfer of$130,000 from
General Fund reserves to capital improvement project 93618, Misc. Parks and
Recreation Contracts, to fund this contract.
USE OF RESERVE FUNDS:
Funding for this contract will be provided by a third quarter budget amendment
allocating General Fund reserves in the amount of$130,000 to capital
improvement project 93618, Misc. Parks and Recreation Contracts. Inclusive of
this item if approved, a net total of$2,694,294 of General Fund reserves has
been appropriated by Council to fund expenditures in the 2019/20 operating
budget. The remaining balance in General Fund reserves after the 8.5% reserve
is approximately $24.8 million, or 16.3% of the current General Fund operating
budget.
3.2 Provide direction on Clearwater Main Library Imagine Clearwater Construction
Scheduling.
At the August 6, 2020 city council meeting, staff was provided direction to move
forward with the construction component of the Main Library renovations in
conjunction with the Imagine Clearwater Plan.
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In working with contractor Skanska, staff has developed two construction
options:
Option 1 - This option will allow for limited use of the library by patrons by
bifurcating construction work on the first floor with a temporary wall. The
construction timeline for Option 1 is roughly thirteen months. Keeping the library
open during renovations the City will incur additional costs due to the protracted
construction timeline.
Option 2 - This option calls for closing the main library for approximately 9
months to all patrons. This option allows the contractor to complete their
construction in almost 1/3 of the time as mentioned in Option 1. Saving
additional time and money with a proposed project completion of 9 months
instead of 13.
Due to the operational and financial impacts of Option 1, staff is recommending
that Council pursue Option 2 which would result in a full and complete closure
of the main library for 9 months. City Administration and Library staff feel that
the library system is well positioned to absorb this impact. To offset patron
impact to the library system, staff is planning to temporarily reassign staff from
the Main Library to North Greenwood and Beach Library branches to provide
increased operational hours while the Main Library is closed due to renovation.
Based on Council's direction, staff will amend Agenda Item 10.2, if needed,
before the September 3rd council meeting.
Discussion ensued with support expressed to close the library with the
shorter timeline. Staff was directed to proceed with Option 2.
4. Office of Management and Budget
4.1 Set final millage rate of 5.9550 mills for fiscal year 2020/21 against non-exempt real and
personal property within the City of Clearwater and pass Ordinance 9407-20 on first
reading. (APH)
In accordance with Chapter 200 of the Florida Statutes, which defines
requirements for the Determination of Millage and the rules governing Truth in
Millage (TRIM) compliance, the City Council must hold two public hearings to
adopt a final millage rate for the new fiscal year. The adoption of this ordinance
to establish the millage rate and the two related budget ordinances are an
integral part of fulfilling these requirements.
The City Council set a tentative millage rate of 5.9550 mills on July 16, 2020,
which is the rate that appeared on the TRIM bill notices mailed to taxpayers in
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August. The millage rate of 5.9550 mills represents a 5.12% increase from the
rolled back rate of 5.6649 mills.
Ordinance 9407-20 is presented in order to adopt the millage rate of 5.9550
mills to support the operating and capital improvement budgets for the 2020/21
fiscal year.
Budget Manager Kayleen Kastel provided a PowerPoint presentation.
4.2 Approve the City of Clearwater Annual Operating Budget for the 2020/21 fiscal year and
pass Ordinance 9408-20 on first reading. (APH)
In accordance with Chapter 200 of the Florida Statutes and the rules governing
Truth in Millage (TRIM) compliance, the City Council must hold two public
hearings to adopt the budget. The adoption of this ordinance and the related
ordinances adopting the 2020/21 millage rate and the Capital Improvement
Budget are an integral part of fulfilling these requirements.
On June 26, 2020, the City Manager provided the City Council with a Preliminary
Annual Operating and Capital Improvement Budget that outlined estimates of
revenues and expenditures for the 2020/21 fiscal year. The City Manager
presented the preliminary budget at the City Council meeting on July 16, 2020,
for Council discussion and citizen input. In addition, a Special Budget Work
Session was held on July 28, 2020 for Council discussion of the proposed
budget.
The following changes have been made to the preliminary operating budget and
are included in the ordinances for adoption of the operating budget:
• General Fund revenues reflect an increase of$105,630 to ad valorem
tax revenues based upon 2020 preliminary property tax values received
on June 29th which were greater than early estimates.
• Updates made in Miscellaneous and Transfer In revenues (net zero) to
account for revenues in the correct categories.
• Various General Fund department budgets are being reduced
representing operating savings found to help offset the increase to the
Police Department for the cost of the Police Body Worn Camera
Program which was approved by Council on August 6, 2020. This
results in a net expenditure increase of$105,630.
• In the Stormwater Fund, utility fee revenue is reduced by $258,380 and
transfers to capital projects are reduced by $1,451,950. These
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changes are being made to better align with rate study revenue
estimates and planned project funding.
• In the Central Insurance Fund, transfers to capital projects is increased
by $27,460 to fund the AED Replacement Program formerly in the
General Fund Fire Department. The use of fund reserves is increased
to cover this expenditure.
• In the Special Development Fund, ad valorem tax (road millage)
revenues are increased by $5,290 based upon 2020 preliminary
property tax values received from the County on June 29th which were
greater than early estimates.
• Special Program Fund revenues and expenditures are increased by
$270,794 to account for the transfer of General Fund revenue to fund
the new Police Body Worn Camera Program approved by Council on
August 6, 2020.
• In Other Housing Assistance Funds, revenues and expenditures for
State Housing Initiatives Partnership (SHIP) are eliminated reflecting a
decrease of$1,247,740. The State's distribution of SHIP funds for
fiscal year 2020/21 was vetoed statewide.
4.3 Approve the fiscal year 2020/21 Annual Capital Improvement Budget, establish a six-year
plan for the Capital Improvement Program (CIP) and pass Ordinance 9409-20 on first
reading. (APH)
In accordance with Chapter 200 of the Florida Statutes and the rules governing
Truth in Millage (TRIM) compliance, the City Council must hold two public
hearing to adopt the final budget. The adoption of this ordinance and the related
ordinances adopting the 2020/21 millage rate and operating budget are an
integral part of fulfilling these requirements.
On June 26, 2020, the City Manager provided the City Council with a Preliminary
Annual Operating and Capital Improvement Budget that outlined estimates of
revenues and expenditures for the 2020/21 fiscal year. The City Manager
presented the preliminary budget at the City Council meeting on July 16, 2020,
for Council discussion and citizen input. In addition, a Special Budget Work
Session was held on July 28, 2020 for Council discussion of the proposed
budget.
The following changes have been made to the Preliminary Capital Improvement
Budget and are included in the ordinance for adoption of the capital
improvement budget.
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• The funding for Police District 3 Sub Station was incorrectly posted in
fiscal year 2021/22, this interfund loan for$11,000,000 has been moved
to fiscal year 2020/21.
• The Police Boat Replacement project has been eliminated. The boat
purchase was approved by Council on August 20, 2020, amending the
fiscal year 2019/20 budget to purchase with existing special program
funds.
• The source of funding for the Auto External Defibrillator Program has
been changed from General Fund revenue to Central Insurance Fund
revenue.
• In the Spectrum Field Infrastructure Repairs/Improvements project,
fiscal years 2023/24 and 2024/25 have been reduced by a total of
$1,100,000 to better align future funding with the timing of contract
negotiation.
• Stormwater projects have been amended to better align with project
funding as planned in the rate study. This results in a decrease in
project funding of$1,451,950 for fiscal year 2020/21. For the six-year
capital improvement plan (fiscal years 2020/21 through 2025/26),
project funding was decreased by a net total of$854,230.
• Water and Sewer projects have been amended to better align with
project funding as planned in the rate study. This results in an increase
of$9,000,000 to capital project funding in fiscal year 2025/26.
Staff has provided a worksheet detailing these project changes for fiscal
years 2020/21 through 2025/26.
4.4 Approve the recommended Penny for Pinellas project list, as revised for Fiscal Years
2020/21 through 2029/30. (APH)
On March 6, 1997, the City Council adopted Ordinance 6137-97. The ordinance
established the requirement for a special hearing prior to adoption of the capital
improvement budget to discuss the use of Penny for Pinellas tax, and at any
time in which there is any proposed change to the Penny for Pinellas project
funding of$500,000 or more.
Changes to Penny for Pinellas projects that meet this criterion in the proposed
2020/21 capital improvement budget and six-year plan include the following:
• Fire Engines/Ladder Truck Replacement - The replacement
schedule for fire engines is being changed to advance the planned
engine replacement from fiscal year 2021/22 to 2020/21. This results in
the replacement of two engines in fiscal year 2020/21.
• Public Safety Vehicle/Equipment Facility -The funding for this
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Council Work Session Meeting Minutes August 31, 2020
project, which provides for construction of a facility to store oversized
vehicles and equipment for both the Police and Fire department, is being
postponed to fiscal year 2021/22.
The Council recessed from 10:51 a.m. to 11:00 a.m.
5. Economic Development and Housing
5.1 Approve State Housing Initiatives Partnership (SHIP) Program Annual Report and Local
Housing Incentive Certification for the closeout year 2017-2018 and interim years
2018-2019 and 2019-2020 and allow appropriate officials to execute same. (APH)
The Florida Legislature enacted the William E. Sadowski Affordable Housing Act
(Act) in 1992. The Act created a dedicated revenue source for state and local
housing trust funds including the State Housing Initiatives Partnership (SHIP)
Program.
Through the SHIP Program, the Economic Development and Housing
Department has provided funding for the following housing activities:
Downpayment and closing costs assistance of existing structures; the
construction of new dwellings; the rehabilitation of owner-occupied single-family
dwellings; and the construction, acquisition, and rehabilitation of rental
properties.
All local governments receiving SHIP funds must submit their annual report to
the Florida Housing Finance Corporation by September 15 of each year. The
annual report provides details of expended and encumbered funds. The report
also provides information on the strategies funded, the number of households
served, and income category, age, family size, race and other data regarding
special needs populations such as homeless persons, persons with disabilities
and the elderly. The report is submitted electronically to the State of Florida.
For closeout year 2017-2018, the City received $482,265 from the state annual
distribution, $338,118.15 in program income and related interest, carryover of a
negative balance of$20,329.18 from previous year funds. The department
assisted eighteen families utilizing its approved strategies. The department also
used these SHIP funds and SHIP program income to match federal program
funds to support other existing housing programs.
SHIP funding has a positive impact on the City's economy, as evidenced by
activities in closeout year 2017-2018, where the City expended $829,034.33 in
SHIP funds (including $65,132.40 on program administration) to leverage over
$16.5 million in other funds.
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Economic Development and Housing Assistant Director Chuck Lane
provided a PowerPoint presentation.
In response to questions, Mr. Lane said program income is derived from the
repayment of loans. The rental units for monthly family rehab were the units
at Abilities at Morningside. The new construction units were associated with
a tax credit project, Woodlawn Trail, the Department funds a small number of
units to leverage other funds available to the project.
6. Finance
6.1 Approve agreement for professional external audit services for five fiscal years ending
September 30, 2020 through 2024, with the accounting/auditing firm of Carr, Riggs and
Ingram, LLC, for a not-to-exceed amount of$711,700 and authorize the appropriate
officials to execute same. (consent)
The City employed the accounting/auditing firm of Cherry Bekaert LLP for
external auditing services for the five fiscal years ending September 30, 2015
through 2019. Per City Charter, Article 11, Section 2.01(c)(3), the City cannot
employ an external audit firm for more than five consecutive years.
The City solicited proposals for external auditing services from qualified firms
per Request for Proposal 36-20 issued May 1, 2020. Seven firms submitted
proposals that were ranked by the City's Auditor Selection Committee
comprised of: Mayor Frank Hibbard; citizen appointee, Herb McLachlan; and
citizen appointee, Lisa Burley.
The committee completed a preliminary ranking of the proposals and three
firms were chosen as finalists for oral presentations and interviews: Carr,
Riggs & Ingram, LLC, CliftonLarsonAllen LLP, and MSL, P.A.
Per the RFP guidelines, the committee weighed and combined the rankings of
proposals, references, and oral interviews to arrive at a composite ranking for
each firm. Carr, Riggs & Ingram, LLC emerged as the top ranked firm.
The proposed contract includes a fixed fee of$128,000 for the fiscal year 2020
audit, representing a 3.25% decrease from the fiscal year 2019 audit fee of
$132,300. Subsequent audit fees are $128,000 for fiscal year 2021, $130,000
per year for fiscal years 2022 and 2023, and $131,000 for fiscal year 2024. A
10% contingency is also included in the funding request to fund expenses
related to any significant changes in the scope of the audit due to new
governmental accounting and auditing standards/practices, federal grants, or
other.
APPROPRIATION CODE AND AMOUNT:
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Budgeted funds for this agreement are available in the Finance, Professional
Services expense code: 0109821-530100.
6.2 Approve Memorandum of Assumption with Resources Investment Advisors, LLC for
investment advisory services for the City's 457 Deferred Compensation Plan and 401(a)
Money Purchase Pension Plan and authorize the appropriate officials to execute same.
(consent)
In November 2017, Council approved a five-year agreement with Independent
Financial Partners c/o Montgomery Retirement Plan Advisors, Inc., for
investment advisor/consultant services for the City's 457 Deferred
Compensation Plan and 401(a) Money Purchase Pension Plan, for the five-year
period January 1, 2018 through December 31, 2022.
Effective July 1, 2020, Montgomery Retirement Plan Advisors, headquartered in
Tampa, was acquired by Resources Investment Advisors, LLC (RIA). Per the
proposed Memorandum of Assumption, RIA is assuming all terms and
conditions of the previously executed agreement with Independent Financial
Partners. Additionally, the key personnel that advised the City have been
retained and will continue to provide the service.
Montgomery Retirement Plan Advisors has provided these advisory services to
the City's plans since 2012. Staff is very happy with the quality of services
provided and recommends approval of the Memorandum of Assumption for the
remainder of the agreement term.
7. Gas System
7.1 Approve a Gas Utility Easement from FI-Tarpon Square-QRX, LLC, for the construction,
installation, and maintenance of gas utility facilities on real property located at 41256 US
Highway 19 North, Tarpon Springs and adopt Resolution 20-43.
FI-Tarpon Square-QRX, LLC (Grantor) has granted a non-exclusive five-foot
wide natural gas easement, on property located on the northwest corner of US
Hwy 19 N and Tarpon Ave, in Tarpon Springs for the installation of a natural gas
distribution line. This main line will initially serve one commercial customer
(Hibachi Express) and any future accounts located in the Tarpon Square Plaza
at 41256 US Highway 19 N, contained within Parcel ID No.
12-27-15-89982-023-0100.
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.
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7.2 Approve an Extended Warranty Service Agreement and Purchase Order, in the amount
of$525,000, with Tecogen, Inc., for the period October 1, 2020 through September 30,
2029, for service maintenance on three Tecochill air conditioning units and authorize the
appropriate officials to execute same. (consent)
This Agreement will provide warranty services on three natural gas fired
air-conditioning units (50 tons each) that serve Clearwater Gas System's (CGS)
new Administrative and Operations Building located at 777 Maple St in
Clearwater. Each unit runs on natural gas to provide cooling needs for the main
building.
The following items are included in the Service Agreement:
• All material and/or labor required to repair a scheduled or unscheduled
service event (for all three units) at no additional expense to CGS
• Preventive maintenance performed by factory trained technicians
• All parts replaced with Original Equipment Manufacturer (OEM) parts
• Real-time internet monitoring for fast repair response
• Annual condenser cleaning
The first-year annual maintenance was approved by the Purchasing Manager in
the amount of$46,200 (period 10/1/19 - 9/30/20). However, after discussing
with City Building & Maintenance, it was determined all three units should have
a service warranty for the first 10 years of the equipment lifecycle. Therefore,
we are asking for approval to start the new term, effective October 1, 2020 and
run through September 30, 2029 which is the end of the 10-year cycle.
The estimated cost of this agreement is approximately $570,000, which
includes the cost of the first-year term. The total cost also includes an
escalation factor for all subsequent years (i.e., year 2 - 10) which equals the
preceding year Consumer Price Index (CPI) plus 2%. The escalation factor for
years 2022 - 2029 is estimated at 5% per year.
APPROPRIATION CODE AND AMOUNT:
Funds are included in the proposed budget for fiscal year FY20/21 in cost code
4232078-530300, contractual services.
Future year funding will be requested as part of the annual budget process.
In response to questions, Gas System Assistant Director Brian Langille said
the warranty provided at purchase was minimal. The item before Council
covers preventative measures associated with natural gas air conditioning
units. Prior to purchase, a cost analysis was done, comparing this unit with a
traditional AC unit. He said the natural gas unit provided a $30,000 annual
savings, the purchase cost for the unit is double of a traditional unit but
provided a 6-year payback. The cost for the units was $363,000. The
warranty covers the equipment purchased, there will be no out-of-pockets
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costs.
8. Human Resources
8.1 Authorize the funding of city medical insurance for the Administrative Services Agreement
between the City and Cigna Healthcare under a self-insured funding arrangement for the
period January 1, 2021 through December 31, 2021, at a total not-to-exceed $21.5
million, to be funded by city budgeted funds, payroll deductions of employees and retiree
premiums. (consent)
Historically, the City's health care costs have escalated due to increased
inflation in health care costs (8% to 10% annually) which is reflected in the
City's claims experience. This resulted in increased costs annually for the City,
the employees, family members, and retirees who participated in the city plan.
The City implemented a multi-faceted effort to control costs which included
opening the Employee Health Center and adding enhanced wellness and
educational offerings. As a result, the City has seen cost increases trending
downward, which can be attributed to savings from the use of the Employee
Health Center and the greater focus on wellness by the City and employees.
These savings resulted in health plan design changes that lowered the office
visit co-pays, hospital admission fee, and prescription drug co-pays in prior
years.
As a result of the positive claims experience for 2019 and 2020 plan year,
renewal projections indicate no increase is needed for the 2021 plan year. As of
June 2020, plan spend is below budgeted expenses by 23%. However, it should
be noted that part of this savings is due to reduced care being received due to
COVID-19. It is expected that some of these expenses will occur later in the
year. The City's Benefits Committee voted to renew with a 0% increase
continuing the negotiated contribution scenarios for dependent coverage, being
75%of Employee +1 coverage and 68% of Employee +Family coverage.
Included in the premiums for the 2021 plan year is the continuation of the
Motivate Me incentive through CIGNA. Under this program employees can
receive incentives (up to $200 per year) when participating in various
preventative healthcare activities such as general health screenings at the
Employee Health Center, and more advanced screenings such as
colonoscopies and mammograms, and chronic health condition coaching.
These rewards are directly tied to cost drivers on the City's medical plan and
are an essential part of controlling increases over the long term. All incentive
costs are included in the medical plan funding. To date 18% of employees have
earned some incentive. Total payouts are approximately $30,000.
The City's fiscal 2021 budget is $19,098,250 which includes $17,398,250 million
across all operations for health plan costs and $1,700,000 budgeted for the
Employee Health Center.
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APPROPRIATION CODE AND AMOUNT: Funds are available in cost
codes 5907590-530300 (contractual services) and 5907590-545602 (major
medical claims) to fund the City's portion; and revenues from payroll deductions
and retiree premiums will provide remaining funds necessary to fund this
contract.
Human Resources Manager Jill Paul provided a PowerPoint presentation.
8.2 Approve a one-year renewal term for the professional services agreement between the
City of Clearwater and Cigna Onsite Health, LLC to provide onsite health clinic services
to employees, family members, and retirees who are covered by the City of Clearwater
health insurance not to exceed $1.7 million and authorize the appropriate officials to
execute same. (consent)
Cigna Onsite Health will continue to operate the Employee Health Center and
provide onsite medical and prescription drug services to include primary care,
health risk assessments, acute and urgent care, immunizations, examinations
and screenings, pharmaceutical dispensing, disease management, and primary
care management, pre-employment physical and COVID-19 testing.
The Employee Health Center also provides Telemed visits both telephonically
and virtually. The Employee Health Center also promotes wellness
management by assisting patients gain incentive dollars through screenings
and claim management.
The one-year renewal term will begin on October 1, 2020 and end on
September 30, 2021.
APPROPRIATION CODE AND AMOUNT:
1.7M has been budgeted in the Employee Health Center budget (5909835) to
fund fiscal year 2020-2021.
9. Parks and Recreation
9.1 Approve a proposal by Construction Manager at Risk Keystone Excavators, Inc. of
Oldsmar, Florida in the amount of$268,417.05 for site work and improvements at
Valencia Park located at 2050 Hercules Avenue and authorize the appropriate officials to
execute same. (consent)
On August 4, 2016, Council approved the use of Construction Manager at Risk
Services (CMR) for Continuing Contracts with Biltmore Construction Co., Inc.
of Belleair, FL; Cathey Construction and Development, LLC of Mexico Beach,
FL; Certus Builders, Inc. of Tampa, FL; J. Kokolakis Contracting, Inc. of
Tarpons Springs, FL; J.O. Delotto & Sons, Inc. of Tampa, FL; Keystone
Excavators, Inc. of Oldsmar, FL; Khors Construction, Inc. of Thonotosassa,
FL; and Wharton-Smith, Inc. of Sanford, FL for a period of four years.
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These firms were selected in accordance with Florida Statutes 255.103
and 287.055 under Request for Qualifications #24-16 based upon
construction experience, financial capability, availability of qualified staff,
local knowledge, and involvement in the community.
The Construction Manager at Risk Contract with Keystone Excavators was set
to expire on August 4, 2020. Per Clearwater Ordinance Section 2.561(8) and
Article 12 (Section III, General Conditions), the City Manager approved an
amendment extending the Contract until October 1, 2020. This Proposal
furthers extend the Contract until completion and acceptance of this Project and
upon final payment.
Valencia Park is one of the many smaller neighborhood parks that are
interspersed throughout the city to meet neighborhood recreational needs.
Included in this park is a full-size basketball court, two tennis courts,
pre-school playground, small parking lot, and a lighted walking path.
Over the years the various components of the park have been maintained by
the Parks Division and include resurfacing of the tennis, basketball and
parking lot as well as replacing playground equipment, landscaping, and
fencing.
The tennis courts are now over 40 years old and in need of total replacement.
This contract will include the demolition and removal of the existing tennis
courts, construction of new courts, irrigation, landscaping and site work
needed for a new playground, and installation of sidewalks.
This is a 60-day contract and will be completed by December 2020. The park
will be closed during construction.
APPROPRIATION CODE AND AMOUNT:
Funds are available capital improvement projects 315-93636, Tennis Court
Resurfacing and Replacement ($229,290.05); and 315-93637, Playground
Purchase and Replacement ($39,127.00) to fund this contract.
In response to questions, Parks and Recreation Interim Director Art Kader
said the tennis courts are lit currently. The basketball court was recently
resurfaced.
9.2 Approve the First Amendment to the Host Venue Agreement between the City and
Competitor Group, Inc. (CGI) for the Rock `n' Roll Marathon Series to update the term of
the agreement and authorize the appropriate officials to execute same. (consent)
On February 6, 2020, Council approved a Host Venue Agreement with CGI, the
operator of the Rock `n' Roll Marathon Series, to bring this signature running
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Council Work Session Meeting Minutes August 31, 2020
event to Clearwater.
The agreement provided for the race dates to begin in October 2020 and extend
through October 2024. Due to issues caused by the COVID-19 pandemic and
the more defined schedule for the Imagine Clearwater project, CGI is requesting
that the race dates be modified to begin in October 2022 and extend through
October 2026.
This will allow the City to provide a signature running event showcasing the
newly opened Imagine Clearwater location. In addition, it will provide CGI as well
as the City the opportunity to attract the most runners to not only participate in
the race but to get to know the many amenities that Clearwater has to offer.
All other terms of the agreement remain unchanged and in full force and effect.
10. Engineering
10.1 Ratify and confirm a first amendment to the Joint Project Agreement (JPA) between
Pinellas County and the City of Clearwater for the Sunset Point Road at Betty Lane Utility
Relocation Project (17-0012-UT) for an increase of$333,108.17, from $402,948 to
$736,056.17, and authorize the appropriate officials to execute same. (consent)
November 2, 2017, City Council approved a JPA between Pinellas County and
City of Clearwater for Utility Relocations in the amount of$402,948.
The utility relocations were to accommodate conflicts between a City 16-in.
potable water main and Pinellas County improvements to its stormwater
system along Sunset Point Road from Douglas Avenue to Kings Highway.
Construction began in early 2019 and is anticipated to be complete by the end
of 2020.
During construction, unforeseen conflicts between the City water main and the
County's proposed stormwater improvements were identified. In addition, some
sections of the water main were found to have insufficient cover and required
relocation and/or concrete encasement.
This first amendment increases the construction budget in the amount of
$333,108.17 to fund the unforeseen work, bringing the total construction budget
to $736,056.17.
APPROPRIATION CODE AND AMOUNT:
3277327-563800-96634 $333,108.17
Funding is available in Utility Renewal and Replacement project 96634, Sanitary
Utility Relocation Accommodation.
In response to questions, Engineering Manager Jeremy Brown said the City
is responsible for its portion of utility work. The conflict was a 16-inch water
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Council Work Session Meeting Minutes August 31, 2020
main and the County's culvert, requiring the removal of unsuitable soils from
the creek, shallow pipes and water main.
10.2Approve Construction Manager at Risk (CMAR) proposal from Skanska, Inc., of Tampa,
FL, for installation of supportive infrastructure for Imagine Clearwater (17-0031-EN) at the
Guaranteed Maximum Price (GMP) of$1,184,090 and authorize the appropriate officials
to execute same. (consent)
December 19, 2019, City Council approved RFQ#52-19 selecting Skanska as
CMAR to provide construction services for Imagine Clearwater and approved a
proposal for Pre-Construction services in the amount of$425,000 to include
design review and construction cost estimating.
Existing Duke Energy utility facilities within Coachman Park must be modified to
accommodate the new buildings and amenities planned within the Imagine
Clearwater park design.
Construction documents for the supportive infrastructure portion of the project
are complete and Skanska has provided a GMP to construct this infrastructure
in Coachman Park and adjacent City-owned lots located at 301 Drew Street,
Clearwater.
Construction for this work is scheduled to begin early September and will be
completed in January of 2021. Use of the park space for certain programmed
special events will be retained until late November 2020.
APPROPRIATION CODE AND AMOUNT:
ENGF180013-CONS-CNSTRC $1,184,090
Funds are available in capital improvement project ENGF180013, Imagine
Clearwater, to fund the proposal.
In response to questions, Engineering Senior Landscape Architect Catherine
Corcoran said staff has been communicating with Jazz Fest regarding their
event, Skanska is willing to coordinate with them. The City will not be able to
accommodate events after the Jazz Fest. The City Manager said Jazz Fest
is not cancelled, the organization is considering alternative ways to continue
the festival this year. He said the event may be held at an alternate location
next year. Ms. Corcoran said the City is not required to hire union contractors
and the requirement is not listed as a stipulation in the agreement. There are
no LEED projects in the works right now. Staff wants to design the project as
close to LEED accreditation as possible without the formal LEED
certification. The contingency cost for reimbursables are for items not
currently included in their scope, which is normal of construction contracts.
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She said staff would first determine if the cost overruns are an appropriate
use of funds before authorizing any reimbursable contingency funds.
10.3Award a construction contract to David Nelson Construction Company, of Palm Harbor,
Florida, for Invitation to Bid (ITB) 20-0029-EN 2021 Annual Stormwater Repairs in the
annual amount of$1,500,000 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)
Engineering issued ITB 20-0029-EN which closed on August 5, 2020. David
Nelson Construction was the lowest most responsible bidder for this project.
The intent on this project is to establish an annual contract for as-needed
stormwater infrastructure improvements and repairs services.
Projects covered by this contract will be of size and scale not feasible for city
forces to complete.
Projects included in this contract will typically include repair and replacement of
existing stormwater pipe networks, erosion mitigation with the use of gabions or
appropriate slope stability procedures, the addition of new stormwater
infrastructure to help alleviate localized flooding, and emergency repairs.
This is a unit price contract not to exceed $1,500,000 annually with an
estimated start date of October 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:
ENST1 80001-CONS-CNSTRC $1,500,000
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 Programs for future renewals in the
amount of$1,500,000 per year.
10.4Award a construction contract to Shenandoah General Construction Company, of
Pompano Beach, Florida, for Invitation to Bid (ITB) 20-0019-EN 2021 Stormwater Pipe
Cleaning in the annual amount of$400,000 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)
Engineering issued ITB 20-0019-EN which closed on July 28, 2020.
Shenandoah General Construction Company was the lowest most responsible
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bidder for this project.
The intent on this project is to establish an annual contract for the cleaning and
video inspection of stormwater infrastructure at various locations throughout the
City of Clearwater.
Stormwater infrastructure experiences decreased capacity when sand, tree
roots, barnacles, and many other types of debris collect in the conveyance
system.
This contract will involve removal of debris to improve the function and integrity
of the Stormwater infrastructure.
The City of Clearwater 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$400,000 annually with an
estimated start date of October 1, 2020.
The City reserves the option to extend the contract on an annual basis up to
three additional one-year renewal terms.
APPROPRIATION CODE AND AMOUNT:
ENST1 80001-CONS-CNSTRC $400,000
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$400,000 per year.
In response to questions, Engineering Manager Roger Johnson said all
outfall pipes have baffles. The challenge is the gravity and pressure in the
pipe; when the tide flux is minimal and slow, the baffles do not close as well.
The baffles would work better if there were 12-ft. tide swings.
10.5Approve the conveyance of a Distribution Easement to Duke Energy Florida, LLC, d/b/a
Duke Energy, for the installation, operation and maintenance of electric facilities to
support Duke's new transformers and electrical facility installation for the Imagine
Clearwater project. (consent)
The Distribution Easement will provide Duke Energy with the rights
necessary to construct and maintain its electric equipment within the
easement. The facilities will be located within areas agreed to by the City
and Duke Energy. Subsequent to Duke Energy installing its electrical
facilities, the City will survey the installed electrical facilities and provide
Duke Energy a descriptive legal description as a finalized Exhibit "A" to the
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Distribution Easement. Once finalized, the Distribution Easement will be
recorded in public records. The Engineering Department supports
conveyance of the Distribution Easement.
11. Planning
11.1Authorize a Work Order to HDR, Inc. of Tampa, Florida in the amount of$236,324 to
assist in updating the City's Comprehensive Plan per Clearwater Code of Ordinances,
2.564(1)(d) Other Government Contracts, and authorize the appropriate officials to
execute same. (consent)
The City of Clearwater Comprehensive Plan (the Plan) is the city's plan for the
next 10 to 20 years, capturing the vision of where the city wants to be in the
future. A series of goals, objectives and policies addressing a variety of
"elements" such as future land use, transportation, and public utilities, guide the
decisions of City Council, the city administration, and staff. The Plan
establishes the policy direction for planning and land use decisions, and the
Future Land Use Map, adopted as part of the Plan, shows the proposed
distribution, location, and extent of the various categories of land (e.g.,
Residential Urban, Commercial General). The Plan is also the basis for capital
projects, identifying infrastructure needs and where new or redeveloped public
infrastructure should be placed. The Comprehensive Plan is implemented
through the Community Development Code, Capital Improvements Program,
and redevelopment/neighborhood and special area plans.
The comprehensive planning process allows the city to identify factors
influencing and shaping the city such as demographic trends and changing
development patterns and provides an opportunity to evaluate how community
needs are being met. The planning process should involve consensus building
between the overall community, elected officials, and other interested
stakeholders.
Although the Planning and Development Department maintains this city plan,
the Plan's policy direction governs a wide variety of city departments' work
programs and operations. This comprehensive planning process will allow the
city to take a step back from its day-to-day operations to engage the community
to evaluate its vision for the city, and to modify the Plan goals, objectives and
policies so the departments can implement the plan going forward to achieve
this vision.
The last major update to the Comprehensive Plan was completed in 2008, with
the planning horizon established as 10 years (2008-2018 plan). While the Plan
has been amended since then, city staff has not completed a more detailed
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Council Work Session Meeting Minutes August 31, 2020
analysis of the Plan and changes to the city since 2008. In 2015, Planning and
Development Department staff completed the state-mandated Evaluation and
Appraisal Review of the Plan, determining that the Plan was in compliance with
Florida Statutes, and that no specific amendments were required beyond
certain changes that were already in process at the time (e.g., "Peril of Flood"
related amendments).
This is an extensive project which will require significant staff resources to
complete. As detailed in the attached scope of work, HDR, Inc. will supplement
staff's work, providing support in the visioning and outreach efforts, as well as
leading the development of the Future Land Use, Transportation, and Housing
Elements. HDR and their subconsultant S.B. Friedman have been involved in
many recent countywide efforts related to these very important topics, while
HDR is also very familiar with the City of Clearwater having worked on several
recent planning projects.
Community engagement will be integrated into multiple phases of the project,
including visioning and for the draft Plan. Additionally, workshops will be held
with the Community Development Board and City Council several times prior to
Plan adoption. With these firms' support, this project is estimated to take just
under two years, inclusive of the six-month adoption process (i.e., local public
hearings and two review periods by the Department of Economic Opportunity
and other state agencies).
In 2019, Pinellas County approved 11 firms to provide as-needed consulting
services for nine major disciplines: multimodal transportation planning and
analysis, economic analysis, communications and public involvement, urban
design, land use and redevelopment, historic preservation, community
resilience, community development, and redevelopment planning. HDR was
prequalified in seven of the nine disciplines. Code of Ordinances sec. 2.564 (1)
(d) allows for direct contracting with consultants utilizing contracts previously
awarded by other governmental entities.
APPROPRIATION CODE AND AMOUNT:
Funding for this contract has been included in the fiscal year 2020/21 budget in
new special program M2101, Planning Study Fund.
In response to questions, Planning and Development Assistant Director
Lauren Matzke said the consultants will use information that is readily
available, such as the projection model used by Forward Pinellas and other
similar data sources. The visioning and planning framework will include
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Council Work Session Meeting Minutes August 31, 2020
online engagement tools, such as community conversations via Zoom. She
said staff will be involved with the public engagement component.
12. Information Technology
12.1Authorize a purchase order to CDW Government LLC (CDW-G), of Vernon Hills, IL, in the
amount of$156,377.00, pursuant to Clearwater Code of Ordinances Section 2.564(1)(d)
Exceptions to Bid - Other Government Entities' Bids, authorize lease purchase under the
City's Master Lease Purchase Agreement or internal financing via an interfund loan from
the Capital Improvement Fund, whichever is deemed to be in the City's best interests,
and authorize the appropriate officials to execute same. (consent)
Authorization is requested to piggyback off of the State of Florida Software
Value Added Reseller Contract#4323000-NASPO-16-ACS-SVAR (Naspo
Contract#ADSPO16-130652) and National IPA Technology Solutions Contract
#2018011-01 for the utilization of FortiNet hardware and software network
management solutions in the amount of$156,377.00 through April 7, 2021.
This authorization upgrades the City's annual support renewal due to expire on
September 17, 2020. Fortinet purchases through CDW-G will include hardware
and software as well as licensing support for eight existing firewalls. These
items, combined with two previous purchases with CDW-G for FortiNet
products will bring the annual total spend to $193,563.00 through various state
and national contracts as listed below:
Locations are: (2) MSB, (2) CPD, (2) Fire-48, (2) City Offices
$64,975.00: for annual support renewal
$40,000.00: for two (2) additional firewalls for new Crown Castle connection.
$26,297.00: for an additional Forti-Analyzer appliance
$10,889.00: for additional Forti-Auth upgrade and tokens
$14,216.00: ten percent (10%) contingency for purchases of hardware,
software and services as necessary.
APPROPRIATION CODE AND AMOUNT:
Funds are available in capital improvement projects 355-Ll 908, Network
Infrastructure R&R, and 355-M2007, City EOC & Disaster Recovery R&R, to
fund the current year portion of this contract. Project funding for fiscal year
2020/21 is included in the proposed budget.
13. Public Utilities
13.1Authorize the award of Invitation to Bid 43-20, Laboratory Services, to Flowers Chemical
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Council Work Session Meeting Minutes August 31, 2020
Laboratories, Inc of Altamonte Springs, FL and Pace Analytical Services, LLC of
Oldsmar, FL for an annual not-to-exceed amount of$400,000.00 with the option for two,
one-year extensions at the City's discretion, and authorize the appropriate officials to
execute same. (consent)
Invitation to Bid (ITB) #43-20, Laboratory Services was issued on June 17,
2020. Three of the five bids received were considered responsive to the
requirements set forth in the solicitation. Flowers Chemical Laboratories, Inc.
and Pace Analytical Services, LLC were selected as the lowest, responsible
bidders for Laboratory Services, award as follows:
Flowers Chemical Laboratories, Inc.- Group 1 Water Reclamation Facilities
Pace Analytical Services, LLC - Group 1-Drinking Water-DEP and SWFWMD
Sampling WPT & RO WTP Discharge and Group 2 Industrial Pretreatment
The Public Utilities Department requests the flexibility to use either vendor as a
secondary provider and will allocate an annual not-to-exceed amount of
$400,000 between these contractors to provide laboratory services as needed.
Laboratory services are used by the Public Utilities Department for water
treatment, wastewater treatment, water distribution, wastewater collection
systems and the Industrial Pretreatment Program. The City contracts
third-party laboratories to provide services when the City's laboratory cannot be
used due to required after hours analysis, to perform analysis that the City is not
currently certified to perform, and to aid in the volume of testing required.
The initial contract period will be September 4, 2020 through September 3,
2021, with the option for two, one-year term renewal terms available to the City.
APPROPRIATION CODE AND AMOUNT:
Budgeted funds for FY20 are available in Public Utilities' cost centers, cost code
530300 Other Contractual Services.
Funding for future fiscal years (FY21 through FY23) will be requested within
contract calendar and spending limits.
14. Customer Service
14.1Approve the renewal agreement and purchase order to Cayenta, a division of N. Harris
Computer Corporation, for support and maintenance related to the Utility Management
System, for a total not-to-exceed amount of$774,366.15 for the 5-year term beginning
November 1, 2020 through October 31, 2025, per Clearwater Code of Ordinances
Section 2.564 (1)(e) Impractical to bid and authorize the appropriate officials to execute
same. (consent)
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Utility Customer Service has used Cayenta's software utility management
system to bill a wide range of services for water, sewer, reclaim water,
stormwater, solid waste, recycling and gas to over 50,000 customers at
approximately $180 million annually. The system is also utilized by various other
departments throughout the city (Gas, Public Utilities, Solidwaste, and Police).
Utility Customer Service recommends that the City continue to use Cayenta's
Utility Management System because it is a mission critical system, the software
is proprietary and thus supported and maintained by Cayenta and reinvesting in
our utility system allows us to keep pace with ever changing demands. The
regular annual support and maintenance costs total $574,366.20 over the
five-year period. This represents increases at a maximum of 2% annually for
the next four years.
UCS also anticipates additional costs to support a major system upgrade
beginning in FY20/21. While the base upgrade is covered by the annual support
and maintenance costs, Cayenta will provide professional services to support
the CIS upgrade and upgrade/replacement of the report writing software These
additional costs are estimated to not exceed $200,000 over the five year period
and will be in the form of billable support services based on the rates in the
provided contract.
APPROPRIATION CODE AND AMOUNT:
Funds for fiscal year 2020/21 have been requested in cost code
5559884-530500, maintenance contracts, for the annual maintenance
agreement and cost code 5559887-530100, professional services, for annual
funding of billable support services.
Funding for billable support services related to the system upgrade are available
in capital project 94829, CIS Upgrades/Replacement.
Funding for future years will be requested as part of the annual budget process.
15. Solid Waste
15.1Approve a Purchase Order increase to Clearwater Towing Service, Inc., of Clearwater,
FL, in the amount of$15,000 for a total not to exceed amount of$75,000 for remainder of
this term ending September 30, 2020, to accommodate towing services for all city-wide
equipment, and authorize the appropriate officials to execute same. (consent)
The City's Fleet Maintenance utilizes Clearwater Towing for the transportation,
extraction, and the movement of vehicles and equipment to auction.
On September 1, 2016, Council approved an agreement between Clearwater
Towing Services, Inc., and the City of Clearwater to provide full-service vehicle
removing, towing, storage and impound services to accommodate the needs of
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Council Work Session Meeting Minutes August 31, 2020
the Police Department and the Fleet Maintenance Division. The amount
approved for Fleet Maintenance Division was $45,000 annually.
On November 16, 2017, Council approved an increase to the original contract
from $45,000 annually to $60,000 annually.
Based on the additional services needed this final term, we are requesting an
increase of$15,000 bringing the total to $75,000.
APPROPRIATION CODE AND AMOUNT:
Funds are available in cost code 5666611-530300, Contractual Services, for
this increase
15.2Approve an increase to Contract 900048, Hose and Hydraulics, Inc. of Clearwater, FL, in
the amount of$100,000 for the remainder of the third year term, bringing the total amount
to $325,000, increase the final two terms of the contract expiring August 10, 2022 to
$325,000 for the purchase of replacement hydraulic parts, repairs and service for
vehicles and equipment used by city departments, in accordance with Clearwater Code
of Ordinances Sec. 2.564(1)(d), Other Government Entities Bids, and authorize the
appropriate officials to execute same. (consent)
This contract was approved by Council on September 18, 2017 for an original
amount of$225,000 annually. This blanket purchase order is a piggyback of
Pinellas County Contract 167-0444-Q(RF); contract term through August 10,
2022 and covers the purchase of replacement hydraulic parts, repairs, and
services for use on city vehicles and equipment, however the scope of the
original contract amount was for hydraulic service at the fleet shop. Fleet
subsequently expanded use of H&H to include road services and the clean-up
of hydraulic spills associated with that road service.
Fleet also started "pit stop" Wednesdays, where H&H will come on site to the
SW complex or Fleet Maintenance to do preventive maintenance. Under that
program, Hose & Hydraulics comes out and checks the integrity of the hydraulic
hose lines weekly and replaces as needed. This is beneficial to the City as this
lowers the amount of roadside service calls and prevents hydraulic leaks and
their associated environmental impacts.
In addition, $50,000 of the increase is related to the purchase of parts, which is
being deducted from another contract for parts.
The services include hydraulic hoses, fittings, pumps, and motors for various
heavy equipment vehicles, which include but not limited to; refuse vehicles,
dump trucks, beach rakes and streetsweepers.
APPROPRIATION CODE AND AMOUNT:
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566-06611-550600-519-000 $100,000 FY19/20
Future year funding will be requested as part of the annual budget process.
In response to a question, Fleet Manager Perry Conzen said the flat fee
includes the hourly rate, which is lower than the city's internal $60-hourly
rate. The item before Council is a not to exceed number.
16. Official Records and Legislative Services
16.1Appoint Janelle Branch to the Brownfields Advisory Board, as a business owner or
representative, with a term to expire September 30, 2024. (consent)
APPOINTMENT WORKSHEET
BOARD: Brownfields Advisory Board
TERM: 4 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Not Required
RESIDENCY REQUIREMENT: **
MEMBERS: 9
CHAIRPERSON: Joseph DeCicco
MEETING DATE: As Called
PLACE: Determined when called
STAFF LIAISON: Charles Lane
APPTS. NEEDED: 1
SPECIAL QUALIFICATIONS: ** Three members will be Clearwater residents
who live within or adjacent to the Brownfields Area; Three members will be
owners or representatives of businesses operating in the Brownfields area and
need not be residents of Clearwater; Three members will be representatives of
federal or state agencies or local governments involved with the Brownfields
remediation process within Pinellas County and need not be Clearwater
residents
THE FOLLOWING BROWNFIELDS ADVISORY BOARD MEMBER'S TERM
HAS EXPIRED AND DOES NOT WISH REAPPOINTMENT:
1. Phyllis Franklin - 511 Palm Dr., Largo, FL 33767 - Realtor
Original Appointment: 9/06/07
(Ended 3rd term 5/31/19)
Interested in Reappointment: No
(Business owner or rep)
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THE NAME BELOW IS BEING SUBMITTED FOR CONSIDERATION TO FILL
THE ABOVE VACANCY:
1. Janelle Branch - 711 S. Lincoln Ave., Apt. A2, 33756 - Chief Operating Officer
Office: The Ring Workspaces, 600 Cleveland St., Suite 308, 33755
(Business owner or rep)
(Currently we have no other nominees on file)
Zip codes of current members:
4 at 33755
1 at 33756
1 at 33770
1 at 33773
Current Categories:
3 Agency or Government rep.
1 Business Owner or rep.
3 Residents
17. Legal
17.1 Increase the amount of the contract with Manson Bolves Donaldson Varn for outside
counsel representation in Seminole Boat Docks land ownership issues for a not exceed
amount of exceed $25,000, for a new contract total of not to exceed $75,000, approve the
amendment to the Legal Services Agreement increasing the contract amount, and
authorize the appropriate officials to execute same. (consent)
On March 7, 2019, City Council authorized hiring the law firm of Manson Bolves
Donaldson Varn as outside counsel to provide expertise as it relates to water
law/submerged lands and act as liaison to the FDEP and other parties as may
be necessary to assist in clearing any cloud on title of the lands being
developed under the Seminole Street Boat Ramp - North Marina District
Improvements Project and approved a Legal Services Agreement for an amount
not to exceed $50,000.00.
The land ownership issues have proven more complex than originally
anticipated and will now require litigation to complete.
In the litigation phase, outside counsel will prepare and file motions for default,
prepare and file Motions for Summary Judgement and attend hearing, negotiate
and file Final Judgements as needed.
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APPROPRIATION CODE AND AMOUNT:
Funds are available in cost code 0109600-530100, Professional Services, to
fund this contract.
17.2Approve a Special Magistrate Services Agreement with Nancy Mag, Esq. and authorize
the appropriate officials to execute same. (consent)
The Clearwater Community Development Code allows the use of special
magistrates for code enforcement proceedings in section 5-406. The special
magistrate's powers include the ability to hear code enforcement proceedings
under section 7-102, Clearwater Community Development Code, and the City's
civil citation appeals hearings under section 7-103.1-1.2, Clearwater Community
Development Code.
The recommended agreement retains Nancy Mag, a Florida licensed attorney,
to serve as the City's special magistrate and exercise those powers granted to
special magistrates in the Development Code. The Office of the City Attorney
has reviewed the proposed agreement and recommends that Council approve
it.
APPROPRIATION CODE AND AMOUNT:
Funds are available in cost code 0101432-530100 (professional services) to
fund this agreement.
17.3Adopt Ordinance 9383-20 on second reading, amending Chapter 33, Clearwater Code
of Ordinances, to prohibit derelict vessels from being left in the city waterways and
providing for enforcement.
17.4Confirm COVID-19 Emergency Proclamation and adopt Resolution 20-47.
18. City Manager Verbal Reports- None.
19. City Attorney Verbal Reports — None.
20. Council Discussion Item — Discussions deferred to September 3, 2020.
20.1Solar Panels on Amphitheater - Councilmember Beckman
20.2Go Vote on old City Hall - Councilmember Beckman
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20.31PSTA Update - Vice Mayor Allbritton
21. New Business (items not on the agenda may be brought up asking they be
scheduled for subsequent meetings or work sessions in accordance with Rule 1,
Paragraph 2).
Councilmember Beckman requested consideration to include information
regarding minority and women owned businesses when awarding contracts.
There was consensus to include the topic as a philosophical discussion item.
22. Closing Comments by Mayor— None.
23. Adjourn
The meeting adjourned at 12:41 p.m.
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