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02/16/2021
Tuesday, February 16, 2021 9:00 AM City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Main Library - Council Chambers Council Work Session Work Session Agenda February 16, 2021Council Work Session Work Session Agenda 1. Call to Order 2. Presentations February Service Awards - 20212.1 3. City Manager Approve a recommendation by the Public Art & Design Board for the commission of a public art installation for Crest Lake Park located at 201 S. Glenwood Avenue, as designed by Donald Gialanella for a total cost of $61,900.00; and authorize the appropriate officials to execute same. (consent) 3.1 Review the Value Engineered Items in the redesigned Coachman Park and provide direction. 3.2 Authorize moving forward with a North Ward Community Preservation and Restoration plan for the historically significant North Ward Elementary School and establish initial project funding to respond to immediate maintenance needs. (consent) 3.3 Authorize commencement of the Memorial Causeway Bridge Lighting Project, approve the transfer of $1,485,000 from general fund reserves at first quarter, authorize a Community Aesthetic Feature Agreement between the city of Clearwater and the Florida Department of Transportation, authorize the appropriate officials to execute same and adopt Resolution 21-06. 3.4 4. Economic Development and Housing Declare surplus, for the purpose of donation for development of affordable housing, real property located at 1112 Palm Bluff Street; approve the Real Property Donation Agreement between the City and Corporation to Develop Communities of Tampa, Inc. (CDC of Tampa); and allow appropriate officials to execute same, together with all other instruments required to affect closing. (APH) 4.1 5. Engineering Approve the correction of a scrivener’s error in the title block of Ordinance 9431-20, adopted on December 3, 2020, vacating portions of a 15-foot drainage and utility easement and a 10-foot utility easement, and pass Ordinance 9436-21 on first reading. 5.1 Page 2 City of Clearwater Printed on 2/15/2021 February 16, 2021Council Work Session Work Session Agenda Declare as surplus, certain city owned real property located at 701 Missouri Avenue N. for the purpose of entering a Business Lease Contract with Lutheran Services Florida, Inc. (LSF) for lease of the site for the Head Start Program. (APH) 5.2 Approve a professional services agreement and work order with Ardurra Group Inc., of Tampa, Florida, for Northeast Water Reclamation Facility (NE WRF) Improvements project (19-0029-UT) per RFQ 08-21, in the amount of $2,234,715; ratify and confirm task 1.4 in Exhibit A of the Work Order, in the amount of $22,146, for a total of $2,256,861; and authorize the appropriate officials to execute same. (consent) 5.3 Approve a Business Lease Contract between the City of Clearwater (City) and Lutheran Services Florida, Inc. (LSF) (Tenant) for the use of a city-owned property located at 701 Missouri Avenue N for a Head Start Preschool and authorize the appropriate officials to execute same. (consent) 5.4 Approve Supplemental Work Order Two to Stantec Consulting Services, Inc., of Tampa, Florida, for design services for Imagine Clearwater (17-0031-EN) in the amount of $1,394,900.00, increasing the work order from $6,478,560 to $7,873,460 and authorize the appropriate officials to execute same. (consent) 5.5 6. Police Department Approve an agreement between the City of Clearwater and the School Board of Pinellas County, Florida providing for the continuation of the School Resource Officer program at Clearwater High School, Countryside High School, Oak Grove Middle School and Clearwater Fundamental for a three-year period commencing July 1, 2020 through June 30, 2023, and authorize the appropriate officials to execute same. (consent) 6.1 7. Legal Confirm COVID-19 Emergency Proclamation and adopt Resolution 21-07.7.1 Adopt Ordinance 9419-21 on second reading, annexing certain real property whose post office address is 2776 N. Terrace Drive, Clearwater, Florida 33759, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 7.2 Adopt Ordinance 9420-21 on second reading, amending the future land use plan element of the Comprehensive Plan to designate the land use for certain real property whose post office address is 2776 N. Terrace Drive, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Low (RL). 7.3 Page 3 City of Clearwater Printed on 2/15/2021 February 16, 2021Council Work Session Work Session Agenda Adopt Ordinance 9421-21 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2776 N. Terrace Drive, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 7.4 Adopt Ordinance 9433-21C on second reading, approving changes to the Clearwater Gas System utility rates to become effective for all gas bills and services rendered on or after March 1, 2021. 7.5 Adopt Ordinance 9434-21 on second reading, vacating an alley described as all of the platted alley lying within Block 10 of Jones Subdivision of Nicholson Addition to Clearwater Blocks 7, 8, 9, and 10, as recorded in Plat Book 4, Page 82 of the Public Records of Hillsborough County, of which Pinellas County was once a part. 7.6 8. City Manager Verbal Reports Strategic Visioning Process8.1 9. City Attorney Verbal Reports 10. Council Discussion Item Tampa Bay Regional Planning Council Resolution - Councilmember Hamilton 10.1 11. 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). 12. Closing Comments by Mayor 13. Adjourn Page 4 City of Clearwater Printed on 2/15/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-8735 Agenda Date: 2/16/2021 Status: Agenda ReadyVersion: 1 File Type: PresentationIn Control: Council Work Session Agenda Number: 2.1 SUBJECT/RECOMMENDATION: February Service Awards - 2021 SUMMARY: 5 Years of Service Janet Roehrich Engineering/Parking Mark Jones Gas Eryn Berg Finance Jose Jaquez Engineering/Stormwater Michele Stewart Finance Michael Robinson Library Robert Waite Solid Waste Zane King General Services James Hatten Fire Chauncey Swinton Engineering/Stormwater Kellen Scott Police Darius Moore Engineering/Stormwater 10 Years of Service Jean Louis Information Technology Christopher Perrin Public Utilities William Howard Public Utilities 15 Years of Service David Storck General Services Kerry Marsalek Parks and Recreation 20 Years of Service Julian Johnson Solid Waste Antonis Magganas Gas Jennifer Rush Library Marvalyn Malcolm-Smith Economic Development and Housing Timothy Coleman Engineering/Traffic 25 Years of Service Page 1 City of Clearwater Printed on 2/15/2021 File Number: ID#21-8735 Kenneth Smith Engineering/Stormwater Timothy Chaplinsky Parks and Recreation 30 Years of Service Michael Olesh Public Utilities Gregory Klamo Engineering/Stormwater Page 2 City of Clearwater Printed on 2/15/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-8785 Agenda Date: 2/16/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: City Manager's Office Agenda Number: 3.1 SUBJECT/RECOMMENDATION: Approve a recommendation by the Public Art & Design Board for the commission of a public art installation for Crest Lake Park located at 201 S. Glenwood Avenue, as designed by Donald Gialanella for a total cost of $61,900.00; and authorize the appropriate officials to execute same. (consent) SUMMARY: The theme and scope of this project was determined with input from the project design and construction team, Public Art & Design Board, Parks & Recreation Department, and the Skycrest Neighborhood Association. The Public Art & Design Board appointed a five-member Selection Panel comprised of individuals representing specified interests and expertise: Jonathan Barnes (chair), Public Art & Design Board Marni Atherton, Skycrest Neighborhood Association Catherine Corcoran, Landscape Architect Leila Peterson, Parks & Recreation Beth Warmath, Artist The Selection Panel met to review all applicant credentials and selected artist Donald Gialanella of St. Petersburg, Florida, as his proposed artwork design best fit the theme and artistic desires of the project and its stakeholders. On January 14, 2021 the Public Art & Design Board unanimously approved the proposed artwork design and the recommendation to commission Mr. Gialanella. This item supports the City’s Strategic Vision by providing public art for citizens and visitors. It represents the City’s ongoing commitment to commission public artwork that fosters community engagement and supports a high quality of life and experience. The Board is recommending that the City Council approve the commission of this artist’s proposal of public artwork. APPROPRIATION CODE AND AMOUNT: Funds are available in capital improvement project 93650, Crest Lake Park Improvements , to fund this contract. Page 1 City of Clearwater Printed on 2/15/2021 |1CITY OF CLEARWATER Crest Lake Park Public Art Installation City Council Work Session February 16, 2021 |2CITY OF CLEARWATER |3CITY OF CLEARWATER |4CITY OF CLEARWATER 1 AGREEMENT FOR COMMISSION OF PUBLIC ARTWORK THIS AGREEMENT FOR COMMISSION OF PUBLIC ARTWORK made and entered into this 28th day of January 2021 by and between Donald Gialanella (hereafter called the “ARTIST”) whose address is 910 Southern Pine Court NE, St. Petersburg, FL 33703 and the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida, located at 600 Cleveland Street, Suite 600, Clearwater, FL 33755 (hereafter called the “CITY”) (each individually referred to herein as “PARTY” or collectively as the “PARTIES”). WITNESSETH: WHEREAS, the CITY has implemented the Clearwater Public Art and Design Program (hereafter called the “PROGRAM”) pursuant to ORDINANCE NO. 7489-05 as amended, in ORDINANCE NO. 8026-09, by allocating not less than one percent (1%) of the total construction budget of eligible capital improvement projects for the purchase and installation of on-site public ARTWORK; and WHEREAS, authority lies with the CITY to make payments for the support of an artist selection process and the acquisition, design execution, fabrication, transportation, and installation of ARTWORK; and WHEREAS, the CITY’S Crest Lake Park, located at 201 S. Glenwood Avenue, Clearwater, FL 33755 is an eligible capital improvement project subject to PROGRAM requirements; and WHEREAS, the ARTIST was selected by the CITY through an open Call to Artists process adopted by the CITY to commission the ARTWORK as further described in EXHIBIT A; and WHEREAS, the ARTIST is a recognized artist whose work and reputation make the ARTIST uniquely qualified to create the ARTWORK; and WHEREAS, the ARTIST wishes to create unique ARTWORK valued at $61,900 to be installed in a public space at Crest Lake Park, located at or near 201 S. Glenwood Avenue, Clearwater, FL 33755 (hereafter called the “SITE”); and 2 WHEREAS, the ARTIST and CITY wish to undertake the obligations expressed herein; NOW, THEREFORE, in consideration of the above-stated promises and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the PARTIES, subject to the conditions hereinafter set forth, the PARTIES agree as follows: ARTICLE 1. SCOPE OF SERVICES 1.1. Recitals a. The foregoing recitals are incorporated into and made a part of this AGREEMENT FOR COMMISSION OF PUBLIC ARTWORK, and the PARTIES acknowledge and agree that such recitals are true and correct. 1.2. Artist’s Obligations a. The ARTIST shall perform all services and furnish all supplies, materials, and equipment as necessary for the design and fabrication of the ARTWORK at the ARTIST’S studio in accordance with the specified schedule as further described in EXHIBIT B. Services shall be performed in a professional manner and in strict compliance with all terms and conditions in this AGREEMENT. b. The ARTIST shall determine the artistic expression, design, dimensions, and materials of the ARTWORK, subject to review and acceptance by the CITY as set forth in this AGREEMENT. To ensure that the ARTWORK as installed shall not interfere with the intended use of the SITE, underground utilities, pedestrian and other traffic flow, parking, and safety devices and procedures at the SITE, the ARTIST’S proposal shall be reviewed and approved by the CITY, through applicable CITY departments including, but not limited to: the Public Art & Design Advisory Board, Building, Engineering, Legal, Marine & Aviation, Parks & Recreation, Public Works, Risk Management, Traffic Engineering, and others, where appropriate, to ensure compliance with CITY regulations. 3 c. The ARTIST shall prepare the design concept and the corresponding budget as under Section 1.4 and as further described in EXHIBIT C. The design concept shall include a description of all materials and products utilized in the ARTWORK and the required routine care and upkeep involved. d. The ARTIST shall prepare drawings detailing the ARTWORK and its integration and relation to the SITE. If applicable and as determined by the CITY, the ARTIST shall provide to the CITY a certification from a qualified, licensed engineer that the ARTWORK will be of adequate structural integrity (including foundation loads, wind loads, and potential live loads) to ensure the safety and welfare of the CITY and its officers, employees, agents, servants, and the general public. Such drawings will conform to all applicable federal, state, and local laws and regulations. e. The ARTIST shall, if applicable, attend public information meetings with the general public, and attend design and construction coordination meetings with the CITY, general contractor, architect, and other parties, as appropriate, to communicate about the ARTWORK and ensure appropriate integration and installation at the SITE. These meetings shall conform to applicable COVID-19 safety precautions at the time they are held. f. The ARTIST shall complete the fabrication of the ARTWORK by the scheduled installation date under Section 1.5 and as further described in EXHIBIT B. g. The ARTIST shall secure all required licenses, permits, and similar legal authorizations under Section 1.4 and as further described in EXHIBIT C, as may be necessary for the installation and maintenance of the ARTWORK at the SITE. h. The ARTIST shall arrange the transportation and installation of the ARTWORK in consultation with the CITY. If the ARTIST does not install the ARTWORK themselves, the ARTIST shall supervise and approve of the installation. i. The ARTIST shall provide the required insurance in amounts and limits under Article 6 and as further described in EXHIBIT D. 4 j. The ARTIST shall provide a list of all their hired subcontractors along with a copy of the agreement between the ARTIST and each subcontractor. k. The ARTIST shall provide a maintenance manual with a description of all materials and products utilized in the ARTWORK and the required care and upkeep involved as further described in EXHIBIT E. l. The ARTIST represents the ARTWORK is made of durable materials. m. The ARTIST shall provide photographic documentation of the ARTWORK pursuant to Section 1.8a.iv.1. n. The ARTIST shall provide the CITY with a written condition report of the ARTWORK after installation. o. The ARTIST shall be available with reasonable advance notice for meetings, ceremonies, and the like as necessary. 1.3. CITY’S Obligations a. The CITY shall perform all obligations in compliance with the all terms and conditions of this AGREEMENT. b. The CITY shall be responsible for providing the ARTIST, at no expense to the ARTIST, copies of existing designs, drawings, reports, a list of required permits, and other existing relevant data if any, which is needed by the ARTIST in order to perform the ARTIST’S obligations under Section 1.2 of this AGREEMENT. c. The CITY shall be responsible for compliance with all applicable laws and regulations, including zoning or environmental regulations, and shall explain any limitations imposed by such laws and/or regulations to the ARTIST. d. The CITY shall prepare the SITE in accordance with the specifications contained in the approved design concept under Section 1.4 and as further described in EXHIBIT A. The CITY shall be responsible for all expenses, labor, and equipment to prepare the SITE for the timely transportation and installation of the ARTWORK. The CITY shall complete the 5 SITE preparations by the scheduled installation date under Section 1.4 and as further described in EXHIBIT B or shall contact the ARTIST in writing informing them of any delays. e. The CITY shall provide and install a plaque on or near the ARTWORK containing a credit to the ARTIST and a copyright notice, if secured by the ARTIST, substantially in the following form: Copyright © Donald Gialanella [date of completion]. f. The CITY shall not use the ARTIST’S name or misuse the ARTWORK in a way that would reflect discredit on the ARTIST’S reputation, or which would violate the spirit of the ARTWORK, should such use, or misuse, be within the CITY’S detection or control. g. The CITY shall be responsible for leading the ARTIST through the required review process. The CITY shall be responsible for organizing and scheduling meetings with review entities such as the City Council, Building Permit Review Committee, and other applicable CITY departments, and for providing the ARTIST written instructions for the materials required at such meetings. h. The CITY shall routinely clean, care for, and maintain the ARTWORK after installation and final acceptance of the ARTWORK and will abide by the recommendations as further described in EXHIBIT E. 1.4. Design a. Concept/Schematic i. The ARTIST shall visit, examine, research, and consider the SITE and surrounding area. If necessary, the ARTIST shall also be available to consult with representatives of the community and consider their input and concerns. ii. The ARTIST was selected pursuant to a competition organized for the procurement of an artist to design and fabricate an ARTWORK suitable for the current project. Within thirty (30) days of the execution of this AGREEMENT, the ARTIST shall submit to the CITY the design concept (hereafter called the “DESIGN”) in the form of detailed 6 drawings, models, and other supporting documents as necessary as are required to present a meaningful representation of the ARTWORK. iii. The DESIGN will include: a description of the method by which the ARTWORK is to be fabricated and installed; a description of any operational, maintenance, and conservation requirements for the ARTWORK; a description of the placement of the ARTWORK at the SITE, and any preparations that the CITY may be required to furnish, including, but not limited to, any changes or modifications to any utility system, above or below ground, or structure of the SITE as necessary. iv. The DESIGN must provide enough detail to allow for the CITY to assure compliance with applicable local, state, or federal laws, ordinances, and/or regulations. v. The ARTIST shall include with the DESIGN a detailed budget for the design, fabrication, and installation of the ARTWORK, including costs for SITE preparation as further described in EXHIBIT C. b. Approval i. Within thirty (30) days after the ARTIST submits the DESIGN, the CITY shall notify the ARTIST whether it approves or disapproves of the DESIGN. The CITY shall have discretion in approving outright, with conditions, or rejecting the DESIGN. The CITY shall notify the ARTIST of any revisions to the DESIGN as are necessary for the ARTWORK to comply with any applicable laws, ordinances, and/or regulations and other reasons including, but not limited to, ensuring the physical integrity of the ARTWORK or its installation at the SITE. If agreed upon by both PARTIES, such revisions will become part of the accepted DESIGN. ii. If the CITY disapproves of the DESIGN, the CITY will submit to the ARTIST in writing the reasons for such disapproval. In such event, the ARTIST will submit a revised DESIGN within thirty (30) days after the CITY has notified the ARTIST of its disapproval. The ARTIST will not be paid an additional fee for the revised DESIGN. 7 c. Redesign i. The revised DESIGN will reflect changes made to address the CITY’S stated reasons for disapproval, as well as any adjustments in the budget or schedule that may be necessary. The CITY shall notify the ARTIST in writing whether it approves or disapproves of the revised DESIGN within thirty (30) days after the ARTIST submits the revised DESIGN. ii. If the ARTIST refuses to revise the DESIGN or if the ARTIST fails to adequately revise the DESIGN in the judgment of the CITY, this AGREEMENT shall terminate, and the PARTIES shall be under no further obligation to each other as of the date of such termination. The effective date of termination shall be the date the CITY submits its written disapproval of the revised DESIGN to the ARTIST. The CITY shall submit to the ARTIST a written termination notice with the disapproval. The termination notice shall advise the ARTIST that this AGREEMENT has been terminated pursuant to this article. The termination notice shall notify the ARTIST that the ARTIST is entitled to retain the compensation paid prior to the termination date, and that the PARTIES are under no further obligation to each other. The termination notice shall confirm that the ARTIST shall retain ownership of all DESIGNS, revised DESIGNS, and renderings thereof submitted as part of the terms of this AGREEMENT. d. Final/Construction Documents i. The ARTIST shall prepare drawings detailing all physical features of the construction of the ARTWORK and its integration with the SITE. These drawings shall indicate any risks involved in the construction, integration, and maintenance of the ARTWORK, as well as any third-party subcontractors needed to work on the project. ii. If applicable, the ARTIST shall present such drawings to a qualified engineer, licensed by the state of Florida and paid by the ARTIST for certification that the 8 ARTWORK will be of adequate structural integrity and the ARTIST shall provide the CITY with such certification. iii. Where appropriate, the ARTIST shall present the DESIGN to a qualified conservator, who will make recommendations on the maintenance of the ARTWORK, and the ARTIST shall provide a written copy of the conservator’s recommendations to the CITY. iv. The ARTIST shall present to the CITY recommendations on the scheduled maintenance of the ARTWORK as further described in EXHIBIT E. 1.5. Budget, Fabrication Schedule, and Progress Report a. Budget i. The ARTIST shall prepare a budget, which shall include all goods, services, and materials with such costs itemized, including, but not limited to costs for: materials and applicable sales tax; off-site fabrication costs; the ARTIST’S time invested in coordination, fabrication, and supervision of installation; fees for required licenses, permits, and similar legal authorizations; fees for the labor of assistants; itemized general contractor and subcontractor fees, if applicable; insurance; the ARTIST’S travel; transportation of the ARTWORK to the SITE; itemized installation costs; any applicable local, state, or federal taxes; and a ten-percent (10%) contingency to cover any unforeseen costs that may arise. This budget is further described in EXHIBIT C. ii. Calculation of the budget will take into consideration the possible inflation of service and material costs between the date of execution of this AGREEMENT and the anticipated completion date. iii. The ARTIST shall keep a log of the ARTIST’S project hours and shall retain all original receipts pertaining directly to the project. 9 iv. If the ARTIST incurs costs in excess of the amount listed in the budget, the ARTIST shall pay such excess from the ARTIST’S own funds unless the ARTIST previously obtained approval to expend project funds for such costs from the CITY. b. Fabrication Schedule i. The ARTIST shall notify the CITY of the tentative schedule for the fabrication and installation of the ARTWORK, as further described in EXHIBIT B. This will include a schedule for the submission of progress reports and inspections, and for the payment of budget installments, if any. The schedule may be amended by written agreement of both PARTIES. 1.6. Fabrication a. The ARTIST shall fabricate and install, or supervise the installation of, the ARTWORK in substantial conformity with the DESIGN. The ARTIST may not deviate from the approved DESIGN without written approval of the CITY. b. The ARTIST shall take reasonable measures to protect or preserve the integrity of the ARTWORK such as the application of protective or anti-UV or anti-graffiti coatings, if applicable, unless the CITY disapproves. c. The CITY shall have the right to review the ARTWORK at reasonable times during the fabrication thereof, upon reasonable notice. d. If the CITY, upon review of the ARTWORK, determines the ARTWORK does not conform to the DESIGN, or revised DESIGN, the CITY reserves the right to notify the ARTIST in writing of the deficiencies and that the CITY intends to withhold the next budget installment as further described in EXHIBIT B. e. The ARTIST will promptly cure the CITY’S objections and will notify the CITY in writing of the completion of the cure. The CITY shall promptly review the ARTWORK, and upon approval shall release the next budget installment. If the ARTIST disputes the CITY’S determination that the ARTWORK does not conform, the ARTIST shall promptly submit 10 reasons in writing to the CITY within thirty (30) days of the CITY’S prior notification to the contrary. The CITY shall make reasonable efforts to resolve the dispute with the ARTIST in good faith. However, final determination as to whether the ARTIST has complied with the terms of this AGREEMENT shall remain with the CITY. f. The ARTIST shall notify the CITY in writing when the fabrication of the ARTWORK has been completed, and that the ARTWORK is ready for delivery and installation at the SITE, if the ARTWORK was fabricated off-site. g. The CITY shall inspect photographic documentation of the completed ARTWORK within thirty (30) days after receiving notification to determine that the ARTWORK conforms to the DESIGN or revised DESIGN and to give final approval of the ARTWORK. The CITY shall not unreasonably withhold final approval of the fabricated ARTWORK. If the CITY does withhold final approval, the CITY shall submit the reasons for such disapproval in writing within thirty (30) days of examining the fabricated ARTWORK. The ARTIST shall then have sixty (60) days from the date of the CITY’S notice of disapproval to make the necessary adjustments to the fabricated ARTWORK in accordance with such writing. The ARTIST shall not be penalized for any delay in the delivery and installation of the ARTWORK to the SITE unless the ARTIST has willfully and substantially deviated from the DESIGN without the prior approval of the CITY. The ARTIST shall then be held responsible for any expenses incurred in correcting such deviation. h. The CITY shall promptly notify the ARTIST of any delays impacting the installation of the ARTWORK. Any additional storage fees incurred as a result of such delays are the responsibility of the CITY. The ARTIST shall be required to inspect the SITE prior to the transportation and installation of the ARTWORK and shall notify the CITY of any adverse SITE conditions that will impact the installation of the ARTWORK which need correction. 11 1.7. Changes to Approved Design a. Prior to the execution of any change in the approved DESIGN, the ARTIST shall present all proposed changes in writing to the CITY for further review and approval. The ARTIST must provide a detailed rationale and description of any significant changes to the artistic expression, dimensions, and materials of the ARTWORK that is not permitted by, nor in substantial conformity, with the already approved DESIGN. Such notice will also include a detailed description of any additional costs that may be incurred or changes in the budget. A significant change is any change that materially affects installation, scheduling, SITE preparation, or maintenance of the ARTWORK, or the concept of the ARTWORK, as represented in the approved DESIGN. b. If the CITY approves the changes to the DESIGN, the CITY shall promptly notify the ARTIST in writing. The CITY will also make the required presentations to the appropriate approval bodies including, but not limited to the City Council, the Public Art & Design Board, and the appropriate CITY departments, including Engineering, Environmental, Planning, and Public Works. c. If the CITY disapproves of the changes, the CITY shall promptly notify the ARTIST in writing and the ARTIST shall continue to fabricate the ARTWORK in substantial conformity with the approved DESIGN. d. The ARTIST’S fee shall be equitably adjusted for any increase or decrease in the ARTIST’S cost of, or time required for, performance of any services under this AGREEMENT as a result of revisions made, requested by the CITY in writing, to the approved DESIGN under Section 1.7a. Any claim of the ARITST for adjustment under this paragraph must be asserted in writing within thirty (30) days of the date of the revision by the ARTIST. 12 1.8. Installation a. Upon the CITY’S final approval of the fabricated ARTWORK, as being in conformity with the DESIGN, the ARTIST shall deliver and install, or supervise the installation, of the completed ARTWORK at the SITE in accordance with the schedule under Section 1.5b. and as further described in EXHIBIT B. Transportation fees shall be paid by the ARTIST. i. The ARTIST will coordinate closely with the CITY to ascertain that the SITE is prepared to receive the ARTWORK. The ARTIST must notify the CITY of any adverse conditions at the SITE that would affect or impede the installation of the ARTWORK. The ARTIST is responsible for the timely installation of the ARTWORK. The ARTIST will confer and coordinate with the CITY to ensure the timely coordination with the CITY’S construction team. The ARTIST may not install the ARTWORK until authorized to do so by the CITY. ii. The ARTIST shall be present to install, or supervise the installation of, the ARTWORK. iii. Upon written acceptance of the installation, the ARTWORK shall be deemed to be in the custody of the CITY for purposes of this AGREEMENT. iv. Within fifteen (15) days after installation of the ARTWORK, the ARTIST shall furnish the CITY with the following photographs of the ARTWORK as installed: 1.8.a.iv.1. A set of three (3) digital, 300 dpi, JPG or TIFF files of the ARTWORK, one taken from each of three (3) different viewpoints. Photographs must be identified with the name of the ARTWORK, the date upon which the photograph was taken, and the viewpoint from which the photograph was taken. The ARTIST shall also furnish the CITY with a full written narrative description of the ARTWORK. v. Upon installation of the ARTWORK, the ARTIST shall provide the CITY with written instructions for the appropriate maintenance and preservation of the 13 ARTWORK along with product data sheets for any material or finish used, as further described in EXHIBIT E. The ARTWORK must be durable, taking into consideration that the SITE is a public space that may be exposed to elements such as weather, temperature variation, and considerable movement of people and equipment. The ARTIST must ensure that all maintenance requirements will be reasonable in terms of time and expense. The CITY is responsible for the proper care and maintenance of the ARTWORK. 1.9. Approval and Acceptance a. The ARTIST shall notify the CITY in writing when all services as required of both PARTIES by this AGREEMENT, prior to this paragraph, have been completed in substantial conformity with the DESIGN. b. The CITY shall promptly notify the ARTIST of its final acceptance of the ARTWORK within fifteen (15) days after the ARTIST submitted written notice under Section 1.9a. The effective date of final acceptance shall be the date the CITY submits written notice to the ARTIST of its final acceptance of the ARTWORK. The final acceptance shall be understood to mean that the CITY acknowledges completion of the ARTWORK in substantial conformity with the DESIGN, and that the CITY confirms that all services as required of both PARTIES by this AGREEMENT prior to this paragraph have been completed. Title to the ARTWORK passes upon final acceptance and final payment. c. If the CITY disputes that the services have been performed, the CITY shall notify the ARTIST in writing of those services that the ARTIST has failed to perform within fifteen (15) days after the ARTIST submitted written notice under Section 1.9a. The ARTIST shall promptly perform those services indicated by the CITY. d. If the ARTIST disputes the CITY’S determination that not all services have been performed, the ARTIST shall submit reasons in writing to the CITY within fifteen (15) days of the CITY’S prior notification to the contrary. The CITY shall make reasonable efforts to 14 resolve the dispute with the ARTIST in good faith. However, final determination as to whether all services have been performed shall remain with the CITY. e. Upon the resolution of any disputes that arise under Paragraphs c. and d. of this section, the CITY shall notify the ARTIST of its final acceptance of the ARTWORK pursuant to Paragraph b. f. After final acceptance of the ARTWORK, the ARTIST shall be available at such time(s) as may be mutually agreed upon by the CITY and the ARTIST to attend any public meetings and community outreach functions, as well as any presentation ceremonies relating to the dedication of the ARTWORK. i. During such public presentations by the ARTIST, the ARTIST shall acknowledge the CITY’S role in funding the ARTWORK. ii. The CITY shall be solely responsible for coordinating public information materials and activities related to public presentations. ARTICLE 2. TAXES 2.1. Any state or federal sales, use of excise taxes, or similar charges relating to the services and materials under this AGREEMENT shall be paid by the ARTIST in a timely fashion. The CITY shall report payments made to the ARTIST annually to the Internal Revenue Department in a 1099 statement. ARTICLE 3. TERM OF AGREEMENT 3.1. Duration a. This AGREEMENT shall be effective on the date that this contract has been signed by both PARTIES, and unless terminated earlier pursuant to such provisions in the AGREMENT, shall extend until final acceptance by the CITY as under Section 1.9b. or submission of final payment to the ARTIST by the CITY as further described in EXHIBIT B, whichever is later. Extension of time of performance hereunder may be granted upon request of one 15 party and the consent of the other thereto, which consent shall not be unreasonably withheld. Such extension shall be in writing, signed by both PARTIES, and attached to the schedule under Section 1.5b.i. and as further described in EXHIBIT B. 3.2. Force Majeure a. The CITY shall grant to the ARTIST a reasonable extension of time if conditions beyond the ARTIST’S control render timely performance of the ARTIST’S services impossible or unduly burdensome. All such performance obligations shall be suspended for the duration of the condition. Both PARTIES shall take all reasonable steps during the existence of the condition to assure performance of their contractual obligations when the condition no longer exists. Failure to fulfill contractual obligations due to conditions beyond either PARTY’S reasonable control will not be considered a breach of contract, provided that such obligations shall be suspended only for the duration of such conditions. ARTICLE 4. RISK OF LOSS 4.1. The ARTIST shall bear the risk of loss or damage the ARTWORK until the CITY’S final acceptance of the ARTWORK as under Section 1.9b. These risks include, but are not limited to: theft; vandalism or any act by a third party; damage caused by acts of God, war, or natural conditions or disasters; and any loss occurring during the fabrication, storage, transportation, delivery, or installation regardless of where such loss occurs until the CITY’S final acceptance of the ARTWORK. The ARTIST shall take such measures as are reasonably necessary to protect the ARTWORK from loss or damage. The CITY shall bear the risk of loss or damage to the ARTWORK prior to final acceptance only if, during such time, the partially or wholly completed ARTWORK is in the custody, control, or supervision of the CITY or its agents for the purposes of transporting, storing, installing, or performing other services to the ARTWORK. 16 ARTICLE 5. ARTIST’S REPRESENTATIONS AND WARRANTIES 5.1. Warranties of Title The ARTIST represents and warrants that, and hereby fully indemnifies the CITY, for any infringements or claims related to the following: a. The ARTWORK is solely the result of the artistic effort of the ARTIST. b. Except as otherwise disclosed in writing to the CITY, the ARTWORK is unique and original and does not infringe upon any copyright or the rights of any third party. c. The ARTWORK (or any duplicate thereof) has not been accepted for sale elsewhere. d. The ARTIST has not sold, assigned, transferred, licensed, granted, encumbered, or utilized the ARTWORK or any element thereof, or any copyright related thereto, which may affect or impair the rights granted pursuant to this AGREEMENT. e. The ARTWORK is free and clear of any liens from any source whatsoever. f. All ARTWORK created or performed by the ARTIST under this AGREEMENT, whether created by the ARTIST alone or in collaboration with others, shall be wholly original with the ARTIST and not infringe upon or violate the rights of any third party. g. The ARTIST has the full power to enter and perform this AGREEMENT and to make the grant of rights contained in this AGREEMENT. h. All services performed hereunder shall be performed in accordance with all applicable laws, regulations, ordinances, etc. and with all necessary care, skill, and diligence. i. These representations and warranties shall survive the termination or other extinction of this AGREEMENT. 5.2. Warranties of Quality and Condition a. The ARTIST represents and warrants that all work will be performed in accordance with professional “workmanlike” standards and free from defective or inferior materials and technique including any defects consisting of “inherent vice,” or qualities that cause or 17 accelerate deterioration of the ARTWORK for one (1) year after the date of final acceptance by the CITY under Section 1.9b. b. The ARTIST represents and warrants that the ARTWORK and the materials used are not currently known to be harmful to public health and safety. c. The ARTIST represents and warrants that reasonable maintenance of the ARTWORK will not require procedures substantially in excess of those described in the maintenance and preservation recommendations submitted by the ARTIST under Section 1.8f. and as further described in EXHIBIT E. d. If within one (1) year the CITY observes any breach of warranty that is curable by the ARTIST, the ARTIST shall, at the request of the CITY, cure the breach promptly, satisfactorily, and consistent with professional conservation standards, at no expense to the CITY. The CITY shall give notice to the ARTIST of such breach with reasonable promptness. e. If within one (1) year the CITY observes any breach of warranty that is curable by the ARTIST, the CITY shall contact the ARTIST to make or supervise repairs or restorations at a reasonable fee during the ARTIST’S lifetime. The ARTIST shall have the right of first refusal to make or supervise repairs or restorations. Should the ARTIST be unavailable or unwilling to accept reasonable compensation under the industry standard, the CITY may seek the services of a qualified restorative conservator and maintenance expert. f. If within one (1) year the CITY observes a breach of warranty that is not curable by the ARTIST, the ARTIST is responsible for reimbursing the CITY for damages, expenses, and loss incurred by the CITY as a result of the breach. However, if the ARTIST disclosed the risk of this breach in the proposal and the CITY accepted that it may occur, it shall not be deemed a breach for purposes of this AGREEMENT. 18 g. Acceptable Standard of Display The ARTIST represents and warrants that: i. General routine cleaning and repair of the ARTWORK and any associated working parts and/or equipment will maintain the ARTWORK within an acceptable standard of public display. ii. Foreseeable exposure to the elements and general wear and tear will cause the ARTWORK to experience only minor repairable damages and will not cause the ARTWORK to fall below an acceptable standard of public display so long as general routine cleaning and repair is performed. iii. With general routine cleaning and repair, and within the context of foreseeable exposure to the elements and general wear and tear, the ARTWORK will not experience irreparable conditions that do not fall within an acceptable standard of public display, including but not limited to: mold, rust, fracturing, staining, chipping, tearing, abrading, and peeling. iv. To the extent the ARTWORK incorporates products covered by a manufacturer’s warranty, the ARTIST shall provide copies of such warranties to the CITY. The foregoing warranties are conditional and shall be voided by the failure of the CITY to maintain the ARTWORK in accordance with the ARTIST’S specifications and the applicable conservation standards. If the CITY fails to maintain the ARTWORK in good condition, the ARTIST, in addition to other rights or remedies the ARTIST may have in equity or at law, shall have the right to disown the ARTWORK as the ARTIST’S creation and request that all credits be removed from the ARTWORK and reproductions thereof until the ARTWORK is satisfactorily repaired. ARTICLE 6. INSURANCE 6.1. General 19 a. The ARTIST acknowledges that until final acceptance of the ARTWORK by the CITY under Section 1.9b. any injury to property or persons caused by the ARTWORK or any damage to, theft of, vandalism to, or acts of God affecting the ARTWORK are the sole responsibility of the ARTIST, including, but not limited to, any loss occurring during the creation, storage, transportation, or delivery of the ARTWORK, regardless of where such loss occurs. b. Terms for the procurement and duration of insurance as well as required insurance policies are provided and further described in EXHIBIT D. c. The ARTIST shall, prior to the execution of this AGREEMENT, provide certificates of insurance evidencing Worker’s Compensation, General Liability, and Automobile Liability insurance. If any insurance policy is due to expire during the period of installation, the ARTIST shall provide a certificate of renewal evidencing the required insurance coverage to the CITY not less than fifteen (15) days prior to the expiration date. 6.2. Indemnification a. The ARTIST shall indemnify and hold free and harmless, assume legal liability for and defend the CITY and its officers, employees, agents, and servants, whether they are current or former, from and against all actions, claims, liabilities, assertions of liability, losses, costs, and expenses in law or in equity, including, but not limited to: attorney’s fees at trial and appellate levels; reasonable investigative and discovery costs; court costs; claims for bodily injury or death of persons and for loss or damage to property, except as provided herein, of every kind and nature whatsoever, which in any manner directly or indirectly may arise or be alleged to have arisen from the fabrication, transportation, or installation of the ARTWORK as a result of the duties and obligations as required by this AGREEMENT or that which has resulted or alleged to have resulted from the negligent acts or omissions or other wrongful conduct of, or the infringement of any copyright by the ARTIST and/or their 20 subcontractors, employees, and agents in connection with the ARTIST’S performance pursuant to this AGREEMENT. b. This provision shall not be deemed a waiver of the doctrine of sovereign immunity or the limits of Florida Statute 768.28, and shall no way be construed as consent to be sued by third parties. c. The ARTIST shall immediately notify the CITY of any written claim regarding any such matter resulting from or relating to the ARTIST’S obligations under this AGREEMENT. The ARTIST shall cooperate, assist, and consult with the CITY in the defense or investigation of any such claim arising out of, or relating to the performance of this AGREEMENT. d. This indemnification shall survive the termination or expiration of this AGREEMENT. ARTICLE 7. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS 7.1. Title Title to the ARTWORK shall pass to the CITY upon the CITY’S written final acceptance and payment for the ARTWORK as further described in EXHIBIT F. The ARTIST shall provide the CITY with a Transfer of Title in substantially the form as further described in EXHIBIT F. 7.2. Ownership of Documents One set of presentation materials prepared and submitted under this AGREEMENT shall be retained by the CITY to hold for permanent safekeeping. 7.3. Copyright Ownership The ARTIST retains all rights under the Copyright Act of 1976, 17 U.S.C. §101 et seq., as the sole author of the ARTWORK for the duration of the copyright. 7.4. Reproduction Rights a. In view of the intention that the final ARTWORK shall be unique, the ARTIST shall not make any additional exact duplicate three-dimensional reproductions of the final 21 ARTWORK, nor shall the ARTIST grant permission to others to do so except with the written permission of the CITY. However, nothing shall prevent the ARTIST from creating future ARTWORKS in the ARTIST’S manner and style of artistic expression. b. The ARTIST grants to the CITY and its assigns an irrevocable license to make two- dimensional reproductions of the ARTWORK for non-commercial purposes, including, but not limited to, reproductions used in brochures, media publicity, and exhibition catalogues or other similar publications provided that these rights are exercised in a tasteful and professional manner. c. All reproductions by the CITY shall contain a credit to the ARTIST and a copyright notice, if secured by the ARTIST, in substantially the following form: Copyright © Donald Gialanella [date of completion]. d. The ARTIST shall use the ARTIST’S best efforts in any public showing, resume, or use of reproductions to give acknowledgement to the CITY in substantially the following form: “An original artwork commissioned by the city of Clearwater Public Art & Design Program.” e. The ARTIST shall, if desired and at the ARTIST’S expense, cause to be registered with the United States Register of Copyrights, a copyright of the ARTWORK in the ARTIST’S name. f. If the CITY wishes to make reproductions of the ARTWORK for commercial purposes, including, but not limited to, tee shirts, post cards, and posters, the PARTIES shall execute a separate AGREEMENT to address the terms of the license granted by the ARTIST and the royalty the ARTIST shall receive. g. The CITY is not responsible for any third-party infringement of the ARTIST’S copyright and is not responsible for protecting the intellectual property rights of the ARTIST. 22 ARTICLE 8. ARTIST’S RIGHTS 8.1. General a. The ARTIST retains all rights under state and federal laws including §106A of the Copyright Act of 1976. b. The City agrees that it will not intentionally alter, modify, change, destroy, or damage the ARTWORK without first obtaining permission from the ARTIST. c. If any alteration or damage to the ARTWORK occurs, the ARTIST shall have the right to disclaim authorship of the ARTWORK in addition to any remedies the ARTIST may have in law or equity under this contract. Upon written request, the CITY shall remove the identification plaque and all attributive references to the ARTIST at its own expense within thirty (30) days of receipt of the notice. No provision of this AGREEMENT shall obligate the CITY to alter or remove any such attributive reference printed or published prior to the CITY’S receipt of such notice. The ARTIST may take such other action as the ARTIST may choose in order to disavow the ARTWORK. 8.2. Alterations of Site or Removal of Artwork a. The CITY shall notify the ARTIST in writing upon the adoption of a plan or alteration of the SITE which would entail removal or relocation of the ARTWORK which might result in the ARTWORK being destroyed, distorted, or modified. The ARTIST shall be granted the right of consultation regarding the removal or relocation of the ARTWORK. If the ARTWORK cannot be successfully removed or relocated as determined by the CITY, the ARTIST may disavow the ARTWORK or have the ARTWORK returned to the ARTIST at the ARTIST’S expense. b. The ARTWORK may be removed, relocated, or destroyed by the CITY should the ARTIST and the CITY not reach mutual agreement on the removal or relocation of the ARTWORK after a period not to exceed ninety (90) days after written notice to the ARTIST. During the 23 ninety (90) day period, the PARTIES shall engage in good faith negotiations concerning the removal or relocation of the ARTWORK. c. In the event of changes in building codes, zoning laws, or regulations that cause the ARTWORK to conflict with such codes, laws, or regulations, the CITY may authorize the removal or relocation of the ARTWORK without the ARTIST’S prior permission. In the alternative, the CITY may commission the ARTIST by a separate agreement to make any necessary changes to the ARTWORK to render it in conformity with such codes, laws, or regulations. d. If the CITY reasonably determines the ARTWORK presents imminent harm or hazard to the public, other than as a result of the CITY’S failure to maintain the ARTWORK as required under this AGREEMENT, the CITY may authorize the removal of the ARTWORK without the prior approval of the ARTIST. e. This clause is intended to replace and substitute for the rights of the ARTIST under the Visual Artists’ Rights Act of 1990 to the extent that any portion of this AGREEMENT is in direct conflict with those rights. The PARTIES acknowledge that this AGREEMENT supersedes that law to the extent that this AGREEMENT is in direct conflict therewith. ARTICLE 9. PERMANENT RECORD 9.1. The CITY shall maintain on permanent file a record of this AGREEMENT and of the location and disposition of the ARTWORK. ARTICLE 10. ARTIST AS AN INDEPENDENT CONTRACTOR 10.1. The ARTIST agrees to create and/or perform all ARTWORK under this AGREEMENT as an independent contractor and not as an agent or employee of the CITY. The ARTIST acknowledges and agrees that the ARTIST shall not hold himself or herself out as an authorized agent of the CITY with the power to bind in any manner. The ARTIST shall provide the CITY 24 with the ARTIST’S Tax Identification Number and any proof of such number as requested by the CITY. ARTICLE 11. NONDISCRIMINATION 11.1. The ARTIST shall not discriminate, in any way, against any person based on race, sex, color, age, religion, sexual orientation, disability, ethnicity, or national origin in connection with or related to the performance of this AGREEMENT. ARTICLE 12. ASSIGNMENT OF ARTWORK 12.1. The ARTWORK and services required of the ARTIST are personal and shall not be assigned, sublet, or transferred. Any attempt by the ARTIST to assign this AGREEMENT or any rights, duties, or obligations arising hereunder shall be void and of no effect unless prior written consent is given by the CITY. The CITY shall have the right to assign or transfer any and all the CITY’S rights and obligations under this AGREEMENT, subject to the ARTIST’S consent, if ownership of the SITE is transferred; if the ARTIST refuses to give consent, the AGREEMENT shall terminate. ARTICLE 13. DEFAULT AND TERMINATION 13.1. Failure or refusal of the ARTIST to perform or do any act herein required shall constitute a default. In the event of a default, in addition to any other remedy available to the CITY, the CITY, upon thirty (30) days written notice, may terminate this contract. Such termination does not waive any other legal remedies available to the CITY. 13.2. Either PARTY may terminate this AGREEMENT without recourse by the other where performance is rendered impossible or impractical for reasons beyond such PARTY’S reasonable control such as, but not limited to: acts of nature; war or warlike operations; invasion of extraterrestrial entity or entities; superior governmental regulation or control, public emergency, or strike or other labor disturbance. Notice of termination of this AGREEMENT 25 shall be given to the non-terminating PARTY in writing not less than thirty (30) days prior to the effective date of termination. 13.3. The CITY may terminate this AGREEMENT without cause upon thirty (30) days written notice to the ARTIST. The CITY shall pay the ARTIST for services performed and commitments made prior to the date of termination, consistent with the schedule of payments as further described in EXHIBIT B. The ARTIST shall have the right to an equitable adjustment in the fee for services performed and expenses incurred beyond those for which the ARTIST has been compensated to date as further described in EXHIBIT B with allowance for lost opportunities unless the PARTIES come to a settlement otherwise. 13.4. If either PARTY to this AGREEMENT shall willfully or negligently fail to fulfill in a timely and proper manner, or otherwise violate any of the covenants or stipulations material to this AGREEMENT, the other PARTY shall thereupon have the right to terminate this AGREEMENT by giving written notice to the defaulting PARTY of its intent to terminate specifying the grounds for termination. The defaulting party shall have thirty (30) days after the effective date of the notice to cure the default. If it is not cured by that time, this AGREEMENT shall terminate. 13.5. If the ARTIST defaults for cause other than death or incapacitation, the ARTIST shall return to the CITY all funds provided by the CITY in excess of expenses already incurred. The ARTIST shall provide an accounting of such. All finished drawings, sketches, photographs, and other ARTWORK products prepared and submitted or prepared for submission by the ARTIST under this AGREEMENT shall be retained by the ARTIST. The CITY shall retain the right to have the ARTWORK completed, fabricated, executed, delivered, and installed, however the ARTIST shall retain the copyright in the ARTWORK and all rights under Article 7 and Article 8. 13.6. If the CITY defaults, the CITY shall promptly compensate the ARTIST for all services performed by the artist prior to termination. The CITY shall pay the ARTIST for services 26 performed and commitments made prior to the date of termination, consistent with the schedule of payments as further described in EXHIBIT B. The ARTIST shall have the right to an equitable adjustment in the fee for services performed and expenses incurred beyond those for which the ARTIST has been compensated to date with reasonable allowance for lost opportunities. The ARTIST shall retain possession and title to any studies, drawings, designs, maquettes, and models already prepared and submitted, or prepared for submission to the CITY by the ARTIST under this AGREEMENT prior to the date of termination. 13.7. Upon notice of termination, the ARTIST and the ARTIST’S subcontractors shall cease all services affected. ARTICLE 14. DEATH OR INCAPACITY 14.1. If the ARTIST becomes unable to complete this AGREEMENT due to death or incapacitation, such death or incapacity will not be deemed a breach of this AGREEMENT or a default on the part of the ARTIST as further described in this Article. However, nothing in this Article shall obligate the CITY to accept the ARTWORK. a. In the event of incapacity, the ARTIST shall assign the ARTIST’S obligations and services under this contract to another artist provided that the CITY, in the CITY’S sole discretion, approves of the new artist. Alternatively, the CITY may elect to terminate this AGREEMENT. The ARTIST shall retain all rights as further described in Article 7 and Article 8. The ARTWORK and any reproductions thereof shall contain a credit to the ARTIST and a copyright notice, if secured by the ARTIST, in substantially the following form: Copyright © Donald Gialanella [date of completion]. b. In the event of the ARTIST’S death, this AGREEMENT shall terminate the effective date of death. The ARTIST’S heirs shall retain all rights under Article 6 and Article 7. The ARTIST’S executor shall deliver to the CITY the ARTWORK in whatever form or degree of completion it may be at the time. Title to the ARTWORK shall then transfer to the CITY. 27 However, the ARTWORK shall not be represented to be the completed ARTWORK of the ARTIST unless the CITY is otherwise directed to do so by the ARTIST’S estate. ARTICLE 15. NOTICES AND DOCUMENTS 15.1. Any notices regarding this AGREEMENT given by either PARTY to the other must be in writing and shall be deemed to have been given, delivered or made, as the cause may be when: (1) delivered by personal delivery; or (2) five (5) business days after having been deposited in the U.S. mail, certified or registered, return receipt requested, with sufficient postage affixed and prepaid; or (3) one (1) business day after having been deposited with an expedited overnight courier service, such as by way of example but not limited to: U.S. Express Mail, Federal Express, or UPS; addressed to the party to whom notice is intended to be given at the address set forth below: For the City: City Manager City of Clearwater 600 Cleveland Street Suite 600 Clearwater, FL 33755 For the Artist: Donald Gialanella 910 Southern Pine Court NE St. Petersburg, FL 33703 ARTICLE 16. WAIVER 16.1. The PARTIES agree that a waiver of any breach of violation of any term or condition of this AGREEMENT shall not be deemed to be a waiver of any other term or condition contained herein or a waiver of any subsequent breach or violation of the same or any other term or condition. 28 ARTICLE 17. AUDIT 17.1. The CITY shall maintain records of all documents, notices, checks, and other records required or produced under this AGREEMENT or related thereto. The ARTIST agrees to the maintenance of such records for archival purposes. Such records shall be made available for inspection or audit upon written request by the CITY. Copies of such documents shall be provided to the CITY for inspection when it is practical to do so. Access to such records and documents shall also be granted to any party authorized by the ARTIST, the ARTIST’S representatives, or the ARTIST’S successors-in-interest. The CITY will comply with any open records law applicable to these records. ARTICLE 18. CONFLICT OF INTEREST 18.1. The ARTIST and CITY shall avoid all conflicts of interest or appearance of conflicts of interest in the performance of this AGREEMENT. ARTICLE 19. MEDIATION 19.1. If, during the creation of the ARTWORK, its installation and subsequent existence, either party breaches this AGREEMENT, each PARTY agrees to submit to mediation upon the request of the other provided that the breach is not cured with a reasonable time as further described in Article 13. 19.2. If an ambiguity arises regarding this AGREEMENT upon which the PARTIES cannot agree or a dispute arises as to the completion of a provision, the PARTIES shall submit to mediation. 19.3. Each PARTY agrees to be responsible for its own attorney’s fees except as otherwise provided by law. 29 ARTICLE 20. AMENDMENTS 20.1. No alteration change or modification of the terms of this AGREEMENT shall be valid unless made in writing and signed by both PARTIES hereto. ARTICLE 21. CONFLICTS OF LAW 21.1. If any term, covenant, condition, or provision of this AGREEMENT, or the application thereof to any person or circumstance, shall be held by a court of competent jurisdiction, arbitration panel, or mediation procedures to be in conflict with the laws, rules, and/or regulations of the United States or the State of Florida, invalid, void, or unenforceable, the remainder of the terms, covenants, conditions, or provisions of this AGREEMENT, or the application thereof to any person or circumstance, shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby to the extent the remainder of the terms, covenants, conditions, or provisions of this AGREEMENT are capable of execution. ARTICLE 22. CHOICE OF LAW 22.1. This AGREEMENT shall be governed by the laws of the State of Florida. Any proceeding related hereto shall be brought and heard in Pinellas County, Florida. ARTICLE 23. ENTIRE AGREEMENT 23.1. This AGREEMENT, including the exhibits, comprises all the covenants, promises, and conditions between the PARTIES. No verbal agreements or conversations between the PARTIES prior to the execution of this AGREEMENT shall affect or modify any of the terms or obligations. ARTICLE 24. SURVIVING COVENANTS 24.1. The covenants and obligations set forth in this AGREEMENT shall survive the design, fabrication, transportation, and installation of the ARTWORK unless otherwise provided for 30 herein and shall be binding upon the PARTIES, their heirs, legatees, executors, administrators, assigns, transferees, and their successors in interest. ARTICLE 25. INTERPRETATION 25.1. This AGREEMENT shall be interpreted under and in accordance with the laws of the State of Florida. ARTICLE 26. CONSTRUCTION OF AGREEMENT 26.1. This AGREEMENT shall not be construed more strictly against one PARTY than another merely by virtue of the fact that it may have been prepared by one of the PARTIES, if being acknowledged that both the ARTIST and the CITY have substantially and materially contributed to the preparation thereof. ARTICLE 27. SEVERABILITY 27.1. If any provision of this AGREEMENT is contrary to, prohibited by, or deemed invalid by applicable laws or regulations of any jurisdiction in which it is sought to be enforced, then such provision shall be deemed inapplicable and omitted, but such omissions shall not invalidate the remaining provisions of this AGREEMENT. ARTICLE 28. FURTHER ASSURANCES 28.1. The PARTIES shall promptly execute all documents reasonably required and take such other steps in addition to the execution of this AGREEMENT to effectuate the intent and purpose of this AGREEMENT. 31 IN WITNESS THEREOF, the parties hereto have caused this AGREEMENT FOR COMMISSION OF PUBLIC ARTWORK to be executed on the date first above written. CITY OF CLEARWATER, FLORIDA By: ___________________________________ William B. Horne II City Manager Approved as to Form: Attest: ___________________________________ ___________________________________ Owen Kohler Rosemarie Call Assistant City Attorney City Clerk Witness: Artist: ___________________________________ ___________________________________ Donald Gialanella EXHIBIT A ARTWORK EXHIBIT B SCHEDULE ***This schedule is subject to change upon mutual agreement of both the CITY and the ARTIST*** PHASE I DATE City Council review of contract February 18, 2021 Payment #1 authorized and invoiced ($10,000) February 19, 2021 Purchase materials February 19, 2021 Payment #2 authorized and invoiced ($10,000) March 1, 2021 Design March 1, 2021 Payment #3 authorized and invoiced ($25,500) March 15, 2021 Fabrication begins March 15, 2021 50% fabrication update (with photographs of progress) April 16, 2021 Fabrication completed (with photographs of progress) May 19, 2021 PHASE II Payment #4 authorized and invoiced ($10,000) May 19, 2021 Site preparation May 20, 2021 Artwork arrives on site; inspection of artwork May 25, 2021 PHASE III Installation May 25, 2021 City inspection of installation; punch-list created May 25, 2021 Artwork accepted by City May 25, 2021 Payment #5 authorized and invoiced ($6,400) May 25, 2021 PROJECT COMPLETE May 25, 2021 EXHIBIT C BUDGET MATERIALS Marine grade 316 stainless steel 10g plate $9,000 316 stainless steel reinforcing plates and anchor bolts $700 Welding wire and argon gas $250 DESIGN Digital image file creation $6,500 Structural engineering $2,500 FABRICATION Fabrication $15,000 Laser cutting $10,500 GENERAL Insurance $1,150 Transportation $400 Installation $900 FEES Artist’s fee $15,000 TOTAL $61,900.00 EXHIBIT D INSURANCE ***To be provided by the ARTIST prior to the execution of this AGREEMENT*** EXHIBIT E MAINTENANCE MANUAL ***To be provided by the ARTIST prior to the execution of this AGREEMENT*** EXHIBIT F TRANSFER OF TITLE CERTIFICATE OF APPROVAL AND ACCEPTANCE Clearwater Public Art and Design Program PROJECT: Crest Lake Park ARTWORK: _____ ARTIST: Donald Gialanella This certifies that the ARTWORK entitled _____ has been completed, in significant form to the DESIGN presented by ARTIST Donald Gialanella of 910 Southern Pine Court NE, St. Petersburg, FL 33703. The CITY hereby accepts the ARTWORK into its Public Art and Design Program collection through the purchase and transfer of title to the ARTWORK. ______________________________ ____________________ Donald Gialanella, ARTIST Date ______________________________ ____________________ CITY representative Date ______________________________ ____________________ Witness Date EXHIBIT G AFFADAVIT OF NO LIENS This certifies that there are not liens against the ARTWORK entitled _____ designed and fabricated by ARTIST Donald Gialanella of 910 Southern Pine Court NE, St. Petersburg, FL 33703. ______________________________ ____________________ Donald Gialanella, ARTIST Date ______________________________ ____________________ CITY representative Date ______________________________ ____________________ Witness Date EXHIBIT H CERTIFICATE OF WARRANTY ***To be completed at the time of Transfer of Title*** By signing below, Donald Gialanella certifies that as the ARTIST associated with the ARTWORK entitled _____ the ARTWORK is hereby under warranty and is guaranteed against defective or inferior materials and technique including any defects consisting of “inherent vice” or qualities that cause or accelerate deterioration as defined in Article 5 Section 5.2 of this AGREEMENT, for the period of one (1) year commencing on the date signed below. ______________________________ Date of initiation of warranty ______________________________ ____________________ Donald Gialanella, ARTIST Date ______________________________ ____________________ CITY representative Date ______________________________ ____________________ Witness Date Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-8810 Agenda Date: 2/16/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: City Manager's Office Agenda Number: 3.2 SUBJECT/RECOMMENDATION: Review the Value Engineered Items in the redesigned Coachman Park and provide direction. SUMMARY: Staff provided a list and most recent renderings of various value engineered components proposed as adjustments to the Coachman Park final design plans. Previous iterations of the plan were designed around a performance venue located centrally to the park. With the re-orientation of the performance venue to the north, various active areas of the park were consolidated toward the southerly portion of the park and redesigned to provide a cohesive active park area with a performance venue separated by a large and open green as a centerpiece of the new waterfront. As part of the overall value engineering effort, final design is intended to ensure park amenities match the identified financial resources. It is anticipated that additional, yet undetermined funding support will be generated by sale or leasing of bluff properties, as well as the anticipated application for various funding requests from both the legislature and/or TDC dollars. These latter sources remain as of now, indetermined. For that reason, staff is recommending consideration of moving forward with current park plans. While it may be a fact that some redesign of certain amenity components may be restricted in future deigns (interactive splash pad), many if not all of additional design components could occur via future sponsorships or naming rights, or as on-going capital improvements which could be planned as later additions to the park once the facility is up and running. It should be noted that even if somewhat reduced in size, the interactive splash pad feature continues to represent a substantial component of the active area of the park along with many other amenities. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 2/15/2021 |1CITY OF CLEARWATER IMAGINE CLEARWATER DESIGN ALTERNATES February 2021 100 S. Myrtle Ave. | Clearwater, FL 33756www.myclearwater.com |2CITY OF CLEARWATER 1 Interactive Water Feature 2 Playground 3 Shade Structures 4 Gateway Plaza 5 Gateway Water Stairs 6 Plantings 7 Intracoastal Water Stairs DESIGN ALTERNATE ITEMS |3CITY OF CLEARWATER Understanding These Estimates Illustrations •Illustrations provided are conceptual and the actual final design of any design alternative my vary from what is shown here •Illustrations of what is included in the current design scope are also subject to change but can be assumed to be accurate as of January 2021 Known Construction Cost Savings •Listed construction cost savings are for reference only subject to future market fluctuations •Design and permitting fees for adding alternates back into the project scope are NOT listed here as they are not known |4CITY OF CLEARWATER Interactive Water Feature Initial Design •112 fountain jets •Bamboo trees Current Design •56 fountain jets Known Construction Cost Savings •$178,076 -$256,938 *Conceptual only, not priced exactly as shown |5CITY OF CLEARWATER Playground Initial Design •Additional pieces above Current Design •Pirate ship and net Known Construction Cost Savings •$676,016 |6CITY OF CLEARWATER Shade Structures –Civic Gateway Initial Design •Custom multi-color mangrove theme Current Design •Reduced height •Simplified construction Known Construction Cost Savings •$1,289,777 |7CITY OF CLEARWATER Shade Structures Initial Design •Custom pieces Current Design •Simplified construction Known Construction Cost Savings •$373,719 *Conceptual only, not priced exactly as shown |8CITY OF CLEARWATER Shade Structures –Picnic Pavilions Initial Design •Covered picnic tables Current Design •Not included Known Construction Cost Savings •$135,274 |9CITY OF CLEARWATER Civic Gateway –Occupiable Lower Level Initial Design •Box office, pump room, restrooms, first aid room Current Design •No occupiable space Known Construction Cost Savings •$1,718,447 |10CITY OF CLEARWATER Civic Gateway –Water Stairs Initial VE Design •Small water features in upper plaza and at first stair tiers Current Design •Not included Known Construction Cost Savings •$852,904(full) or $682,323(partial) |11CITY OF CLEARWATER Park Planting & Gardens Initial Design •Larger sizes •Greater quantities Current Design •Reduced sizes & quantities Known Construction Cost Savings •Overall $363,284 –Gardens $30,456 Initial Groundcover PlanInitial Tree Plan Current Tree Plan (Groundcover & Paths Eliminated) |12CITY OF CLEARWATER Intracoastal Water Stairs Initial Design •Stairs along the seawall providing direct pedestrian access to Intracoastal water Current Design •Not included Known Construction Cost Savings •$953,399 plus substantial permitting fees |1CITY OF CLEARWATER Coachman Waterfront 1.Coachman Park Value Engineering Items 2. Memorial Causeway Bridge Lighting Old Bay /North Ward 3. North Ward School 2-16-2021 |2CITY OF CLEARWATER Value Engineering Item Review Requested Council Action 1.Provide feedback and direction on any items which make up the value engineering components of the park redevelopment plan. |3CITY OF CLEARWATER Memorial Causeway Bridge Lighting Project Requested Council Action 1.Provide feedback and direction on moving forward with Memorial Causeway lighting. |4CITY OF CLEARWATER North Ward School Next Steps 1.Stabilize and protect/maintain asset. 2.Assessment of potential for historic preservation designation. 3.Develop plan of action based on concept. 4.Restore facility to occupancy status, conditioned for long term sustainability. |5CITY OF CLEARWATER North Ward School Next Steps (cont.) 5.Solicit partnership proposals for reuse. 6.Develop partnership for commercial and community service opportunities. |6CITY OF CLEARWATER Coachman Park Redevelopment 2-16-2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-8811 Agenda Date: 2/16/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: City Manager's Office Agenda Number: 3.3 SUBJECT/RECOMMENDATION: Authorize moving forward with a North Ward Community Preservation and Restoration plan for the historically significant North Ward Elementary School and establish initial project funding to respond to immediate maintenance needs. (consent) SUMMARY: The historic North Ward School was one of the first public schools constructed in the newly formed Pinellas County in 1912. The original North Ward school was constructed in 1915. The school was expanded with a second structure in 1926. In addition, North Ward was for many years a segregated facility but became integrated in the late 60’s and early 70’s. North Ward was finally closed in 2009. North Ward continues to remain a special place in the community with a deep and abiding history of significance to generations of students who began their educational careers in the Old Bay district of Clearwater. In 2019, the City of Clearwater acquired North Ward School from the Pinellas County School Board for $1.8 million. The City obtained from Wannamaker Jenson Architects a conceptual review and rendering of a mixed-use rehabilitation and activation plan. This plan incorporated preservation of the two main historic structures and a unifying modern compatible addition that would preserve but restore occupancy status to the 1915 and 1926 historic structures. This purpose of this agenda item is to authorize formulation of a strategy for preservation and activation of the North Ward School. This strategy is proposed to occur in phases: 1.Stabilize and protect the school as an important community asset 2.Assess the potential for historic preservation designation 3.Develop an activation plan 4.Restoration of the structures for occupancy 5.Solicit partnership(s) for creating active commercial uses 6.Solicit partnership (s) for creating community social and civic uses 7.Establish North Ward as contributor to the North Greenwood CRA The City has implemented Downtown District Standards to guide the development and redevelopment of sites in Downtown Clearwater. The standards are designed to accomplish among other things the following: Page 1 City of Clearwater Printed on 2/15/2021 File Number: ID#21-8811 • Encourage mixed use, pedestrian-oriented development. • Promote context-sensitive forms, patterns, and intensities of development. • Support a variety of new housing types to provide for a range of affordability and mix of incomes. • Preserve and celebrate the unique features of Downtown's community and neighborhoods. • Encourage the renovation, restoration and/or reuse of existing historic structures: and • Provide for the design of safe, attractive, and accessible places for working, living, and shopping. (Ord. No. 9149-18, § 8, 8-2-18) The 2018 update of Clearwater’s Downtown Redevelopment Plan expanded the Old Bay Character District so that it now includes the North Ward Elementary School. That plan states “Reopening the North Ward School as a public school or marine/maritime school or visual and performing arts school is encouraged to enhance the neighborhood and utilize the unique structure. Additionally, the North Ward School could be adapted to a community/cultural center, art gallery or museum and improved with publicly accessible amenities like a playground, garden, or space for outdoor events to expand the cultural attractions in the District. Historic designation of the North Ward School to preserve the structure while allowing for adaptive reuse is supported (page 62 of the Clearwater Downtown Redevelopment Plan as updated 2018). Adaptive reuse of the North Ward school is consistent with the City of Clearwater Comprehensive Plan, Downtown Redevelopment Plan, and the North Marina Master Plan. APPROPRIATION CODE AND AMOUNT: A first quarter budget amendment will establish capital improvement project C2101, North Ward Preservation Plan, recognizing a budget transfer of $75,000 in General Fund revenue from project C1907, City Hall Hardening to fund this project. Page 2 City of Clearwater Printed on 2/15/2021 |1CITY OF CLEARWATER Coachman Waterfront 1.Coachman Park Value Engineering Items 2. Memorial Causeway Bridge Lighting Old Bay /North Ward 3. North Ward School 2-16-2021 |2CITY OF CLEARWATER Value Engineering Item Review Requested Council Action 1.Provide feedback and direction on any items which make up the value engineering components of the park redevelopment plan. |3CITY OF CLEARWATER Memorial Causeway Bridge Lighting Project Requested Council Action 1.Provide feedback and direction on moving forward with Memorial Causeway lighting. |4CITY OF CLEARWATER North Ward School Next Steps 1.Stabilize and protect/maintain asset. 2.Assessment of potential for historic preservation designation. 3.Develop plan of action based on concept. 4.Restore facility to occupancy status, conditioned for long term sustainability. |5CITY OF CLEARWATER North Ward School Next Steps (cont.) 5.Solicit partnership proposals for reuse. 6.Develop partnership for commercial and community service opportunities. |6CITY OF CLEARWATER Coachman Park Redevelopment 2-16-2021 Adaptive Reuse of North Ward Elementary School White Paper February 11, 2021 Document Information Prepared for City of Clearwater Project Name Adaptive Reuse of the North Ward Elementary School White Paper Project Number E221090202 Date February 11, 2021 Prepared and Submitted By Lucy Jones and Kimberly Hinder Lucy Jones, Senior Architectural Historian Cardno, Inc. Kimberly Hinder, Senior Architectural Historian Cardno, Inc. Prepared for: City of Clearwater Planning and Development Department 100 S. Myrtle Avenue, Clearwater, FL 33756 Prepared by: Cardno 3905 Crescent Park Drive, Riverview, FL 33578 Adaptive Reuse of North Ward Elementary School White Paper February 2021 Cardno ii This Page Intentionally Left Blank Adaptive Reuse of North Ward Elementary School White Paper February 2021 Cardno Table of Contents iii Table of Contents 1 Statement of Purpose ................................................................................................ 1-1 2 History of North Ward Elementary School ................................................................ 2-2 3 Opportunities and Challenges................................................................................... 3-9 3.1 Downtown District Redevelopment ....................................................................... 3-9 3.2 North Marina Area Master Plan ............................................................................ 3-9 3.3 Rehabilitation / Restoration / Renovation ............................................................. 3-10 3.3.1 The Secretary of the Interior's Standards for Rehabilitation ....................... 3-11 3.4 Preservation Grants ......................................................................................... 3-12 3.4.1 Small Matching Grants ........................................................................ 3-13 3.4.2 Special Category Grants...................................................................... 3-13 3.5 Other Types of Grants ...................................................................................... 3-14 3.6 Federal Historic Preservation Tax Incentives Program........................................... 3-14 3.7 Other Types of Tax Credits or Exemptions........................................................... 3-16 3.8 Preservation Easements or Covenants ............................................................... 3-16 3.9 Variances ....................................................................................................... 3-17 4 National Register of Historic Places........................................................................ 4-18 4.1 What is the National Register of Historic Places?.................................................. 4-18 4.2 Is the North Ward Elementary School NRHP-Eligible?........................................... 4-18 4.3 Process for Listing ........................................................................................... 4-19 4.4 Contributing Structures ..................................................................................... 4-20 5 Adaptive Use ............................................................................................................ 5-21 5.1.1 Examples of Adaptive Use of School Buildings........................................ 5-21 5.1.2 Other Examples of Rehabilitation Projects .............................................. 5-27 6 Additional Resources .............................................................................................. 6-33 6.1 Certified Local Government Program for Historic Preservation ................................ 6-33 6.2 Local Designation ............................................................................................ 6-33 6.3 City of Clearwater Historic Preservation Ordinance ............................................... 6-34 7 For Further Reading................................................................................................. 7-37 Adaptive Reuse of North Ward Elementary School White Paper iv Table of Contents Cardno February 2021 This Page Intentionally Left Blank Adaptive Reuse of North Ward Elementary School White Paper February 2021 Cardno Statement of Purpose 1-1 1 Statement of Purpose Designation of the North Ward Elementary School is a key action item for the implementation of the Clearwater Downtown Redevelopment Plan within the Old Bay District. The purpose of this white paper is to summarize information regarding the school’s history, its significance to the local community, and how historic designation can contribute to the revitalization of the northern Downtown district. A discussion of how historic tax credits can be leveraged as part of reuse of historic buildings is also provided, along with the types of historic preservation grants which are available. Several examples exhibiting a variety of ways in which historic schools and other types of buildings have been preserved and reused are included. This white paper was prepared by Cardno, Inc.: Lucy Jones and Kimberly Hinder, architectural historians meeting or exceeding the Secretary of the Interior’s Professional Qualifications Standards, with the assistance of John Osteen, LEED AP, architect. This paper was not reviewed or contributed to by any accountants, engineers, or attorneys and, as such, does not provide financial, structural, or legal advice. Adaptive Reuse of North Ward Elementary School White Paper 2-2 History of North Ward Elementary School Cardno February 2021 2 History of North Ward Elementary School Pinellas County was created from Hillsborough County in 1912; before that date, its public schools were administered by Hillsborough County. The rapid growth of the county during the early twentieth century resulted in a need for more schools, and almost immediately, the new Pinellas County Board of Public Instruction began planning for a new facility to serve the northern side of Clearwater. Land was acquired in 1913, and the North Ward Elementary School opened in 1915 (Figure 1 and Figure 2). Figure 1. 1917 Sanborn Insurance Map of Clearwater showing the North Ward Elementary School. Adaptive Reuse of North Ward Elementary School White Paper February 2021 Cardno History of North Ward Elementary School 2-3 Figure 2. North Ward Elementary School in January 2021 (above), and in 1922 (Courtesy Tampa-Hillsborough County Public Library System). Adaptive Reuse of North Ward Elementary School White Paper 2-4 History of North Ward Elementary School Cardno February 2021 As Clearwater continued to grow in the early twentieth century, so did student enrollment, and an eight-room classroom addition was made to the south side of the school in 1926 (Figure 3). A one-story hallway connected the two buildings, with a slight bend to conform to the slope in the southwestern corner of the property. Figure 3. The 1926 addition is to the left in this photograph (January 2021). North Ft. Harrison Avenue, along the east side of the school property, was a major road connecting Clearwater with Dunedin to the north. John H. and Sallie D. Trott lived in a house at the corner of North Ft. Harrison Avenue and Cedar Street. He was the owner/operator of a Goodyear service station in downtown Clearwater. In the late 1920s, the Trotts turned their house to face north, with the address 405 Cedar Street, and on the Ft. Harrison Avenue frontage, built an automotive service station and a filling station (Figure 4 and Figure 5). Adaptive Reuse of North Ward Elementary School White Paper February 2021 Cardno History of North Ward Elementary School 2-5 Figure 4. October 1929 Sanborn Insurance Map of Clearwater showing the expanded footprint of the North Ward Elementary School, the Trotts’ house at 405 Cedar, and the service station and filling station at the corner of N. Ft. Harrison Avenue and Cedar Street. Figure 5. The former automotive service station at the corner of N. Ft. Harrison Avenue and Cedar Street; now part of the North Ward Elementary School property (January 2021). Adaptive Reuse of North Ward Elementary School White Paper 2-6 History of North Ward Elementary School Cardno February 2021 In addition to educating students, the school served as a site for community events, celebrations, and meetings. For example, every spring beginning in the 1920s until the day it closed, the school’s students danced around the Maypole in the playground. Parents and neighbors watched the ritual weaving of ribbons (Figure 6). Figure 6. The school’s playground (top, January 2021) and a Maypole celebration at North Ward Elementary School in the 1950s (bottom, courtesy Clearwater Historical Society). In the mid-twentieth century, baby boomers flooded the City’s schools, and North Ward Elementary School was filled to overflowing. A cafeteria was built onto the west side of the school in 1945, followed by a library and kitchen in 1951. These additions altered the shape of the connection between the 1915 and 1926 buildings, and used different materials in their construction (Figure 7 and Figure 8). Adaptive Reuse of North Ward Elementary School White Paper February 2021 Cardno History of North Ward Elementary School 2-7 Figure 7. Kitchen addition (built 1951) as seen from North Osceola Avenue (January 2021). Figure 8. Campus layout circa 1990; north is to the right. Adaptive Reuse of North Ward Elementary School White Paper 2-8 History of North Ward Elementary School Cardno February 2021 The school board purchased the service station at the corner of Cedar Street and N. Ft. Harrison Avenue and converted it into a classroom and cafeteria annex; covered pathways were added between the buildings. The filling station next door remained in private operation until at least the late 1970s. In 1994, the School District purchased the Trott’s former house at 405 Cedar Street along with the adjacent lot. Once cleared of buildings, this property was used to add parking and a playground at North Ward Elementary School. The late 1990s also saw the on-campus construction of a metal playground pavilion, a concrete-block utility building, and a storeroom added to the Annex. North Ward Elementary School opened during a time of racially segregated education and was reserved for white students only. Desegregation of Pinellas County Schools in the late 1960s and early 1970s allowed Black children from nearby neighborhoods to attend North Ward Elementary as well. In the later decades of the twentieth century and into the early years of the current century, enrollment numbers dropped. In 2009, Pinellas County School Board closed this school, and in 2019, they sold the property to the City of Clearwater. The North Ward Elementary Alumni Association continues to have an active Facebook group where former students share memories of the maypole, school plays, and other special events (Figure 9). There remains strong community support for retaining the North Ward Elementary School as a landmark in the community, and a desire to have it part of the redevelopment and revitalization of the Old North Bay Neighborhood and the City. Figure 9. Stage in Auditorium on second floor of the 1915 school building. Adaptive Reuse of North Ward Elementary School White Paper February 2021 Cardno Opportunities and Challenges 3-9 3 Opportunities and Challenges A key decision to be made is to whether or not the City wishes to retain ownership of the North Ward Elementary School or if the school will be sold to a private entity. The timing and conditions of any sale or transfer will affect the potential uses of the school and the potential sources of funding. 3.1 Downtown District Redevelopment The City has implemented Downtown District Standards to guide the development and redevelopment of sites in Downtown Clearwater. The standards are designed to accomplish the following: • Encourage mixed use, pedestrian-oriented development; • Promote context-sensitive forms, patterns, and intensities of development; • Support a variety of new housing types to provide for a range of affordability and mix of incomes; • Preserve and celebrate the unique features of Downtown's community and neighborhoods; • Encourage the renovation, restoration and/or reuse of existing historic structures: and • Provide for the design of safe, attractive, and accessible places for working, living, and shopping. (Ord. No. 9149-18, § 8, 8-2-18) The Community Development Code includes provisions to waive development standards in the Downtown District to accommodate designated historic structures. Section C-104 (Applicability of development standards, part B 4) states that the Community Development Coordinator may waive the Development Standards for the renovation or development of structures that have been designated historic in accordance with the provisions of Section 4-607. Changes to such structures shall comply with the standards for historic preservation in Article 2, Division 10. The Downtown Redevelopment Plan recognizes that different areas of Downtown have different characteristics and, therefore, require distinct policies to achieve their potentials; the full text of the plan can be read online at https://www.myclearwater.com/home/showpublisheddocument?id=8665. The 2018 update of Clearwater’s Downtown Redevelopment Plan expanded the Old Bay Character District so that it now includes the North Ward Elementary School. Page 62 of the Clearwater Downtown Redevelopment Plan, as updated in 2018, states: Reopening the North Ward School as a public school or marine/maritime school or visual and performing arts school is encouraged to enhance the neighborhood and utilize the unique structure. Additionally the North Ward School could be adapted to a community/cultural center, art gallery or museum and improved with publicly accessible amenities like a playground, garden, or space for outdoor events to expand the cultural attractions in the District. Historic designation of the North Ward School to preserve the structure while allowing for adaptive reuse is supported (. Of the policies written to govern development and City actions within the Old Bay Character District, Policy 3 is to “Pursue historic designation of the North Ward School.” 3.2 North Marina Area Master Plan The City of Clearwater’s North Marina Area Master Plan (available online at https://www.myclearwater.com/home/showdocument?id=1974) outlines strategies to enhance and invest in publicly owned properties and public realm areas to create identity, remedy negative conditions, and facilitate private redevelopment within the Old Bay Character District. North Ward Elementary School is a key element of the North Marina Plan; the existing condition of the school – vacant with perimeter fencing – is perceived as detrimental to the surrounding area. Adaptive reuse of the school is proposed as part of a new cultural hub. At the time that the North Marina Area Master Plan was developed (2016), North Ward Elementary School was still owned by Pinellas County Schools. The subsequent purchase of the school by the City appears to expand the options for reuse beyond educational. As noted in the North Marina Plan, the Adaptive Reuse of North Ward Elementary School White Paper 3-10 Opportunities and Challenges Cardno February 2021 former school site is well suited to mixed-used development including residential, restaurants, and retail; there is also community support for a community center and increased arts programming. The recent change in ownership does not preclude future use by maritime or culinary schools. 3.3 Rehabilitation / Restoration / Renovation There are four approaches, or treatments, to the continued use of a historic building (Source: https://www.nps.gov/tps/standards/four-treatments.htm). • Preservation focuses on the maintenance and repair of existing historic materials and retention of a property's form as it has evolved over time. • Rehabilitation acknowledges the need to alter or add to a historic property to meet continuing or changing uses while retaining the property's historic character. • Restoration depicts a property at a particular period of time in its history, while removing evidence of other periods. • Renovation aims to make a building function as if it were new, and may or may not preserve, restore, or even replace historic materials. The proposed use of a building and the funding sources to be leveraged will both affect and be determined by which of these four approaches is followed. It is not necessary to meticulously restore or preserve the North Ward Elementary School to use historic tax credits or grants; however, rehabilitation would be required, rather than renovation, to access these resources. Rehabilitation is defined as "the process of returning a property to a state of utility, through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historic, architectural, and cultural values." This assumes that at least some repair or alteration of the historic building will be needed in order to provide for an efficient contemporary use; however, these repairs and alterations must not damage or destroy materials, features, or finishes that are important in defining the building's historic character (Figure 10). Adaptive Reuse of North Ward Elementary School White Paper February 2021 Cardno Opportunities and Challenges 3-11 Figure 10. Stairwell and classroom door in 1926 school building. 3.3.1 The Secretary of the Interior's Standards for Rehabilitation Rehabilitation projects must meet the following Standards, as interpreted by the National Park Service, to qualify as “certified rehabilitations” eligible for the 20% rehabilitation tax credit. The Standards are applied to projects in a reasonable manner, taking into consideration economic and technical feasibility. The Standards, codified in 36 CFR 67.7, apply to historic buildings of all periods, styles, types, materials, and sizes. They apply to both the exterior and the interior of historic buildings. The Standards also encompass related landscape features and the building’s site and environment as well as attached, adjacent, or related new construction. 1. A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment. 2. The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided. 3. Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken. 4. Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved. 5. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a historic property shall be preserved. Adaptive Reuse of North Ward Elementary School White Paper 3-12 Opportunities and Challenges Cardno February 2021 6. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence. 7. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible. 8. Significant archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken. 9. New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. 10. New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. The NPS has issued Guidelines for Rehabilitating Historic Buildings that help in applying these Standards to rehabilitation projects. The Guidelines stress the inherent sustainability of historic buildings and offer specific guidance on “recommended” rehabilitation treatments and “not recommended” treatments that could negatively impact a building’s historic character. These Guidelines are available as an illustrated interactive web feature at https://www.nps.gov/tps/standards/rehabilitation/guidelines/index.htm. As requested by the City, Cardno provided a preliminary review of the proposed North Ward Elementary School Redevelopment Study concept plans developed by Wannemacher Jensen Architects, Inc., in November 2019. The plans appear to be appropriate and consistent with the guidelines for rehabilitation associated with Historic Tax Credit projects. The proposal involves saving the most significant historic piece, which is the 1915 structure, while the next most important portion, the 1926 addition, is modified, but substantially reused. The concept plan calls for the demolition of the former service station with the addition of new construction. Although this may lessen the amount of tax credit available as less of the historic fabric is being reused, these actions may make the whole project work financially. However, before any further work proceeds utilizing these plans, whether it is an individual planning to utilize the Federal Tax Credit or the City planning to pursue grants, these plans should be closely reviewed by Florida Division of Historical Resources (DHR) to insure consistency with the Secretary of the Interior’s Standards. 3.4 Preservation Grants Florida’s Historic Preservation Grants Program allocates state funds appropriated by the Legislature and federal funds apportioned to the state by the U.S. Department of the Interior, National Park Service, for the preservation and protection of the state's historic and archaeological sites and properties. The program is administered by the Florida DHR, Florida Department of State and is governed by rules in Chapter 1A-39, Florida Administrative Code and Section 267.0617, Florida Statutes https://dos.myflorida.com/historical/grants/). State agencies, state universities, non-profit organizations, units of local government, cities, towns, and counties are eligible to apply for these grants, but not private property owners. Applications are evaluated on a competitive basis by a Grant Review Panel appointed by the Secretary of State. Grants are awarded annually, and the amount of funding available can be dependent on state budget priorities. Two types of grants are awarded through this program: Small Matching Grants and Special Category Grants. Adaptive Reuse of North Ward Elementary School White Paper February 2021 Cardno Opportunities and Challenges 3-13 3.4.1 Small Matching Grants Types of historic preservation projects that may be eligible for a Small Matching Grant that are relevant to the rehabilitation and reuse of North Ward Elementary School include: • Planning to guide the school’s long-term preservation, including preparation of a historic structure report, a condition assessment, architectural drawings and construction documents, preparation of preservation or management plans, and design or preservation guidelines. • National Register Nomination for an individual Historic Property. Small Matching grants provide a maximum grant award of $50,000.00 depending on project type. There is no minimum request amount. An Applicant Organization is required to provide a 1:1 match except as specified in the Small Matching Guidelines. Twenty-five percent of the required match must be cash-on-hand at the time of application. All match must be accounted for during the grant period. Certified Local Governments (CLGs) certified by the National Park Service and in good standing at the time of application are eligible for a match waiver, as are active Florida Main Street programs. More information about the application process and grant timelines is available at https://dos.myflorida.com/historical/grants/small-matching-grants/. 3.4.2 Special Category Grants Special Category Grants may be sought for Development projects with the goal of Preservation, Restoration, Rehabilitation, or Reconstruction of historic properties regularly open to the public. Such grants also may be used for site-specific planning required for these activities such as structural or condition assessment reports (Figure 11). Special Category grants provide assistance up to $500,000.00, with no minimum request amount. The City would be required to provide a 1:1 match with twenty-five percent of the required match cash-on-hand at the time of application. All match must be accounted for during the grant period of 24 months. An Applicant Organization (i.e., the City of Clearwater) cannot submit more than one Special Category grant application under a single application deadline for a particular application cycle. State agencies, county or city governments or universities may submit single applications from more than one division or department under a single application cycle provided that those divisions or departments are separate and distinct budgetary units and provided that applications do not address the same facility, project, or site. The Applicant Organization cannot have multiple active Special Category projects under contract at one time. No organization may receive more than $1.5 million in historic preservation Special Category grant funding from the Division during a consecutive five state fiscal year period. More information about the application process and grant timelines is available at https://dos.myflorida.com/historical/grants/special-category-grants/. Adaptive Reuse of North Ward Elementary School White Paper 3-14 Opportunities and Challenges Cardno February 2021 Figure 11. Although the school buildings appear to be in overall good condition, they have been unused for over ten years and some structural or maintenance issues may need to be addressed for continued preservation of this resource. 3.5 Other Types of Grants Use of historic preservation grants does not preclude the use of other sources of grant funding. This includes grants for technical assistance and assessments, loans, etc. For example, grants may be available for historic properties affected by, or having a perception of being affected by contamination. Other types of grants such as economic incentives and for the preservation of open space have also been used. In the examples shown later, some communities have utilized Community Development Block Grant (CDBG) funds and grants from the Florida Communities Trust to create a successful school rehabilitation. 3.6 Federal Historic Preservation Tax Incentives Program The federal Historic Tax Credit (HTC) was enacted to encourage the preservation and adaptive reuse of historic and older buildings, and has been a powerful development tool since its inception. Federal historic rehabilitation tax credits are available for any qualified project that the Secretary of the Interior designates as a certified rehabilitation of a certified historic structure. Eligibility for the HTC requires that a property be income producing and listed, or soon to be listed in the NRHP; a property is nominated based on its condition at the time of the nomination. Enough materials and historic characteristics must remain for a building to be considered eligible for the tax program (Figure 12). Since December 2017, the HTC offers a 20 percent credit for certified historic structures, which must be claimed at a rate of 4 percent per year over a five-year period. The funding benefits associated with Historic Tax Credits can only be used by a private property owner or long-term lease holder. Some manner of transfer of ownership or lease holder would need to be included in any North Ward Elementary School development plan to allow benefit of the tax credits. (Please note: While a property must be listed or soon to be listed in the NRHP to qualify for federal rehabilitation tax credits, just because a property is listed does not mean that tax credits MUST be used.) Adaptive Reuse of North Ward Elementary School White Paper February 2021 Cardno Opportunities and Challenges 3-15 Figure 12. The classrooms retain key characteristics of the building type: built-in cabinets, tall and numerous windows, cabinets, shelves, radiators, and oak flooring. IRS code and regulations govern all financial and other tax matters relating to the rehabilitation tax credits (Section 1.48-12) and the tax deduction for easement donations (Section 1.170A-14). General information, prepared by the IRS, about the tax aspects of these incentives is available at https://www.irs.gov/businesses/small-businesses-self-employed/rehabilitation-tax-credit-real-estate-tax-tips. Specific questions about the tax aspects of these incentives should be addressed to the IRS. Approval of historic preservation certification applications by the NPS does not mean that applications meet IRS requirements. Before applying, consult an accountant, tax attorney, other tax advisor, or the IRS to determine whether these incentives apply to your own tax and financial situation. The applicant for the HTC must be the owner of the property, meaning a person, partnership, corporation, or public agency holding a fee-simple interest in a property or any other person or entity recognized by the Internal Revenue Code for purposes of the applicable tax benefits. For example, long-term lessees may also apply for such tax benefits as allowed by the applicable IRS provisions if their remaining lease period is at least 27.5 years for residential property or 39 years for nonresidential property. If the applicant is not the fee-simple owner of the property, or is not the owner at the time of, the HTC application must be accompanied by a written statement from the fee-simple owner indicating that he or she is aware of the application and has no objection to the request for certification. To qualify for federal tax incentives, the property owner must complete the appropriate part(s) of the Historic Preservation Certification Application and be approved by the National Park Service. Completed applications are submitted through the State Historic Preservation Office, which in Florida, is the Division of Historical Resources (DHR). Part 1 (Evaluation of Significance) is used to request certification that a building contributes to the significance of a National Register property. Part 1 is required for properties not yet listed in the NRHP and for individually-listed properties that have more than one building. If the building is not yet listed in the NRHP, the owner must submit Part 1 AND begin the separate process of nominating the property for listing. Adaptive Reuse of North Ward Elementary School White Paper 3-16 Opportunities and Challenges Cardno February 2021 Part 2 (Description of Rehabilitation) describes the work to be undertaken on the building. Proposed work will be evaluated by the NPS using the Secretary of the Interior’s Standards for Rehabilitation. The Standards apply to both interior and exterior work, and the NPS reviews the entire rehabilitation project, including any attached, adjacent or related new construction on the property. The Standards are applied taking into consideration economic and technical feasibility. Certification is based on whether the overall project meets the Standards. To be certified, a rehabilitation project must be determined to be consistent with the historic character of the building (Figure 13). Applicants are strongly encouraged to submit applications describing proposed work and to receive approval from the NPS prior to the start of construction. Owners who undertake rehabilitation projects without prior NPS approval do so at their own risk. For more information about the Federal income tax credit, visit: nps.gov/tps/tax-incentives.htm, or contact the Florida DHR. The position of Historic Tax Credit Reviewer at the Florida DHR is currently vacant due to a recent retirement. Until the position is filled, questions and applications should be directed to Alissa Slade Lotane, Chief, Bureau of Historic Preservation, Florida Division of Historical Resources, phone (850) 245-6357, Alissa.lotane@dos.myflorida.com. 3.7 Other Types of Tax Credits or Exemptions The Federal HTC is at its strongest as a redevelopment tool when it can be combined with other financial incentives. However, while 35 states offer some type of state-level HTC, Florida does not. Another popular type of incentive is the ad valorem tax exemption for historic landmarks offered at the county or city level, which offers a reduction of property tax over a period of time, typically ten years, calculated based on the qualified expenses spent on an approved rehabilitation. Locally, the City of St. Petersburg, the City of Tampa, and unincorporated Pinellas County offer ad valorem tax exemptions for approved historic preservation projects, but the City of Clearwater does not. 3.8 Preservation Easements or Covenants If the City sells or transfers ownership of the property, they may wish to retain some control over the future use or appearance of the building. Options to be considered include clauses in the sale or lease documents or the use of preservation easements. Pursuant to FL Statute 704.06, tax deductions are available for donating certain architectural easements to be held by a local, state, and federal non-profit organization or government. A preservation easement is a voluntary legal agreement that protects a significant historic, archaeological, or cultural resource. An easement provides assurance that the property's intrinsic historic values will be preserved through subsequent ownership. In addition, the owner may obtain certain tax benefits. For example, the Florida Trust for Historic Preservation holds a façade easement on the Snell Arcade in St. Petersburg; the owner received a tax benefit for the donation, while the non-profit retains review over the exterior of the building preventing incompatible alterations or demolition. Subsequent to the donation, the upper stories of the building were renovated to serve as condominiums, while the first floor continued to remain retail and office space. A façade easement donation allows a historic property to be used as it currently is, as well as allowing compatible changes into the future, while preserving its exterior character and possibly Figure 13. The interior stair in the 1915 school would be identified as a character defining feature. Adaptive Reuse of North Ward Elementary School White Paper February 2021 Cardno Opportunities and Challenges 3-17 increasing the economic viability of the building to future tenants (https://www.stpete.org/history_and_ preservation/docs/Incentives-for-Historic-Properties.pdf). 3.9 Variances Section 51.605 of Clearwater’s Community Development Code does provides for variances for historic buildings. A variance is authorized to be issued for the repair, improvement, reconstruction, restoration or rehabilitation of a historic building that is determined eligible for the exception to the flood resistant construction requirements of the Florida Building Code, Existing Building, Chapter 12 Historic Buildings, upon a determination that the proposed repair, improvement, reconstruction, restoration or rehabilitation will not preclude the building's continued designation as a historic building and the variance is the minimum necessary to preserve the historic character and design of the building. If the proposed work precludes the building's continued designation as a historic building, a variance shall not be granted and the building and any repair, improvement, reconstruction, restoration and rehabilitation shall be subject to the requirements of the Florida Building Code. Historic properties may be required to obtain a certificate of appropriateness pursuant to the city code. No fee shall be required for the variance application and, if the historic structure has a current certificate of appropriateness, no notice of the variance shall be required (Ord. No. 9189-18, § 1, 11-1-18). Adaptive Reuse of North Ward Elementary School White Paper 4-18 National Register of Historic Places Cardno February 2021 4 National Register of Historic Places 4.1 What is the National Register of Historic Places? The National Park Service administers the National Register of Historic Places (NRHP), which is the official federal list of districts, sites, buildings, structures, and objects significant in American history, architecture, archeology, engineering, and culture. NRHP properties have significance to the history of their community, state, or the nation (https://www.nps.gov/subjects/nationalregister/faqs.htm). For a property to qualify for the National Register it must meet one of the National Register Criteria for Evaluation (A, B, C, or D A. Be associated with events that have made a significant contribution to the broad patterns of our history; or B. Be associated with the lives of persons significant in our past; or C. Embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or D. Have yielded, or may be likely to yield, information important in prehistory or history Additionally, significant properties must: • Be associated with an important historic context, and • Retain historic integrity of those features necessary to convey its significance (location, design, setting, materials, workmanship, feeling, and association). Information about the property based on physical examination and documentary research is necessary to evaluate a property's eligibility for the National Register. Just because something is not currently listed in the NRHP, does not mean that it is not historically significant – often it only means that no one has done the research or completed the nomination paperwork. 4.2 Is the North Ward Elementary School NRHP-Eligible? North Ward Elementary School appears to meet NRHP eligibility criteria in the areas of Education and Architecture at the state and local levels. Under Criterion A as representative of the history and development of education in Pinellas County, North Ward Elementary School was one of the first schools built by the Pinellas County Board of Public Instruction following the county’s creation. It served the neighborhoods north of downtown Clearwater for nearly 100 years, growing and adapting along with the city and was one of the first county schools to be racially integrated. The school has an important association with the City’s growth and development throughout the twentieth century. Under Criterion C for its design and construction, North Ward Elementary School embodies the distinctive characteristics of an early-twentieth-century grammar school. Notable elements include the rectangular plan for the original building, an L-shaped addition, along with the open rectangular classrooms arranged along a corridor, tall windows along the exterior walls providing ample natural light, and classrooms with a wall for the chalk board with cupboards and shelves at one end of the room for storage. Incorporated into the plan are spaces like the auditorium, lunchroom, kitchen, boys and girls restrooms, the teacher’s lounge, and wide stairways. Outside are covered walkways between buildings, playgrounds, parking, and sidewalks. The masonry construction, high ceilings, plaster walls, primarily wood floors, wood trim, built-in cabinets, original interior doors with hardware and transoms (Figure 14), entrances elevated with steps, steam heat with radiators, and hip roof are character-defining features. Later additions are characteristic of mid-twentieth century schools, as separate one-story buildings connected by covered walkways with tile floors, stucco covered exterior walls with little ornamentation, and flat roofs. Adaptive Reuse of North Ward Elementary School White Paper February 2021 Cardno National Register of Historic Places 4-19 Figure 14. Original hardware and finishes in the 1915 building. 4.3 Process for Listing The time required for the NRHP application and approval for registration can vary greatly, the primary considerations being the quality of the property and the quality of the submission. The nomination form can be completed by a lay person, the property owner, or City staff, but more often is completed by a consultant due to the technical nature of the documentation. Assuming a professional and appropriate submission, it would be prudent to allow one calendar year for the process, review, and official designation. The first step is the submittal of a NRHP Preliminary Site Information Questionnaire (PSIQ) to the Florida Division of Historical Resources. The form can be submitted by the City, but can also come from a consultant or private citizen. Owner consent for listing in the NRHP is not required for publicly owned buildings; for any private property, DHR will not initiate this process until there is clear consent from the owner. Using the information provided on the PSIQ, the Bureau of Historic Preservation will decide whether the property appears to meet the criteria for listing. The intention of this part of the process is to avoid unnecessary expenditure of time and money trying to list something that does not qualify. Approval of the PSIQ does not guarantee that a property will be accepted by the National Park Service for listing in the NRHP. If the school property is determined eligible, DHR staff will coordinate with the City for preparation of a NRHP nomination draft to be presented before the Florida National Register Review Board at one of the board’s quarterly meetings. Upon the favorable recommendation of the Review Board, a final draft of the Adaptive Reuse of North Ward Elementary School White Paper 4-20 National Register of Historic Places Cardno February 2021 nomination will be prepared for the submission by the State Historic Preservation Officer to the Keeper of the National Register in Washington, D.C. The Keeper of the National Register and his staff undertake the final review and make the final decision whether or not to list the property. If the owner of a private property objects to the nomination, the property will not be listed, but the site may be submitted to the Keeper of the National Register for a formal determination of eligibility for listing. The owner is then notified in writing as to the final decision. As of January 2021, the state-level contact for NRHP Registration is: Ruben A. Acosta Survey and Registration Supervisor Bureau of Historic Preservation Division of Historical Resources Florida Department of State 500 S. Bronough Street Tallahassee, FL 32399 (850) 245-6364 Ruben.acosta@dos.myflorida.com 4.4 Contributing Structures The historic context, period of significance, and discussion of historic and current condition all combine to allow identification of what buildings or features support the property’s significance. Buildings that are clearly associated with significance, date to the period, etc., are considered contributing. Conversely, those that do not are considered non-contributing. Ideally, the majority of resources within the boundaries will be contributing, otherwise the property’s historic integrity and eligibility may be suspect. Careful identification of contributing and noncontributing features is critical for planning future use of the property, correct maintenance, or design of new uses. It may be possible to alter or remove noncontributing elements without jeopardizing historic character of the site or the NRHP eligibility. This is a very important consideration for projects that may use historic tax credits and must be determined prior to any work being undertaken. The City, or a developer wishing to use tax credits, should be in early communication with the Florida DHR while preparing this section of the National Register nomination for North Ward Elementary School. It will be important to have a well-researched discussion and agreement as to the period of significance of the property and identification of which elements are contributing. Removal of some features, additions, or even buildings, may be advantageous for the property’s redevelopment, but it is important to know what can be altered without affecting NRHP eligibility. For example, the former service station converted to a classroom and cafeteria annex is a secondary building. Its presence helps supplement the school’s integrity of setting, association, and location, even though the Annex is not eligible for listing on its own. Alterations to a secondary contributing building are not considered to be as adverse as changes that may have been made to the primary educational buildings on the parcel. It would not be appropriate to declare newer components “historic” to capture tax credits while planning to demolish other structures that may in fact be historic. In reality, many projects require the demolition of some site structures to allow the overall development to be profitable, thereby ensuring the success of the historic rehabilitation and adaptive reuse of the historic components of the project. Given the inherent value of this property coupled with the rehabilitation of the historic structures this project would appear to have substantial profit potential. A critical next step would seem to be a professional real estate market analysis. (No market analysis has been done at this point to our knowledge and no expertise in that field is implied.) Adaptive Reuse of North Ward Elementary School White Paper February 2021 Cardno Adaptive Use 5-21 5 Adaptive Use Often, closed schools are reused as a different type of school, and several options were evaluated before North Ward Elementary School was permanently closed and sold. Reuse of the property as a public school is not in consideration at this time. Rather than looking at the school building and trying to determine what new uses might be possible, it may be more productive to consider the needs of the community and determine how these may be served through rehabilitation of the North Ward Elementary School. 5.1.1 Examples of Adaptive Use of School Buildings The following five case studies exhibit a variety of methods to rehabilitate and reuse schools incorporating both public and private ownership. One remains a school, but the others range in uses from a museum and combination visitor’s center/library to multi-family residential and commercial uses. Some utilized tax credits or ad valorem tax incentives, while others took advantage of a variety of grants. Adaptive Reuse of North Ward Elementary School White Paper 5-22 Adaptive Use Cardno February 2021 5.1.1.1 North Ward School, St. Petersburg Address: 327 11th Avenue North, St. Petersburg Constructed: 1914 Original Architect: James Bonniwell Original Contractor: Frank Estes Additions: 1931 (retained), 1948 expanded in 1960 (demolished) Rehabilitated: 2017, Private Developer, Jonathan Daou, Eastman Equity New Use: Restaurant/Commercial Retail and Office Space For the former North Ward School (Figure 15) in St. Petersburg, rehabilitation involved renovation of the 1914 school and 1931 addition. As insufficient parking was an issue, the 1948 addition with its 1960 expansion to the east was demolished to permit additional parking spaces. Instead, a one-story restaurant with a patio addition was added on the west, bringing the building footprint closer to 4th Street North. As the building is neither listed in the NRHP nor locally designated, the developer did not take advantage of the federal tax credit or the local tax exemption available to historic properties in St. Petersburg. The building now houses a mix of commercial uses including a restaurant, an attorney’s office, fitness studios, a wine shop, clothing boutiques, and a spa. In 2017, the developer estimated that he had spent an additional $2.3 million on renovations beyond the $1.7 million he paid the school board to purchase the property.1 Figure 15. North Ward School in St. Petersburg, before rehabilitation in 2014 and after in 2021. 1 City of St. Petersburg City Council Public Hearing for Ordinance 090-HL, Staff Report and Local Landmark Designation Application “North Ward School,” prepared by Emily Kleine Elwyn and Robin Reed, 17 April 2014; Susan Taylor Martin, “Two Tampa Bay Developers Teach a Lesson: Old Schools Can be Turned into New Uses,” Tampa Bay Times, 3 November 2017; Susan Taylor Martin, “Developer Turning Old St. Petersburg School into Restaurant, Shops,” Tampa Bay Times, 22 April 2016. Adaptive Reuse of North Ward Elementary School White Paper February 2021 Cardno Adaptive Use 5-23 5.1.1.2 Euclid School, St. Petersburg Address: 1090 10th Street North, St. Petersburg Constructed: 1924 Original Architect: Frank F. Jonsberg Original Contractor: Victor A. Boeke Rehabilitated: 2017, Private Developer, Michael Mincberg, Sight Properties, MJRE, LLC New Use: Multi-family Residential In 2013, the Pinellas County School Board sold the 1924 Euclid School (Figure 16) to Bayou Partners LLC for $500,000. Six months later, they split the property selling the north half which incorporated the playground and the 1925 cafeteria to Domain Homes for the construction of eight single-family homes. Led by Michael Mincberg, developer MJRE, LLC purchased the southern portion of the block consisting of the two-story, U-shaped school for $300,000. With an investment of $1.4 million, the new owner converted it into 16 apartments ranging from 600 to 1,300 square feet. Prior to the renovation, MJRE, LLC joined with local non-profit St. Petersburg Preservation to locally designate the school as a landmark, which allowed the developer to take advantage of the local ad valorem tax exemption for historic properties as part of the rehabilitation. As a result, the school is able to be taxed on its pre-restoration value for 10 years meaning that instead of paying city and county taxes on a value of the assessed value $940,214, the developer paid taxes on a value of $287,400 after the renovation. After 10 years, the property will be assessed at its full value. In December 2020, the former school sold for $2.9 million. The former school is not listed in the NRHP and did not take advantage of the federal tax credit.2 Figure 16. Euclid School in St. Petersburg, before rehabilitation in 2014 and after in 2021. 2 Pinellas County Deed Book 18204, Page 980; City of St. Petersburg City Council Public Hearing for Ordinance 092-HL, Staff Report and Local Landmark Designation Application “Euclid School,” prepared by Emily Kleine Elwyn, Howard Fenford, and Robin Reed, 18 September 2014; Susan Taylor Martin, “Two Tampa Bay Developers Teach a Lesson: Old Schools Can be Turned into New Uses,” Tampa Bay Times, 3 November 2017; Pinellas County Property Appraiser, Property record for 1090 10th Street North, accessed January 2021. Adaptive Reuse of North Ward Elementary School White Paper 5-24 Adaptive Use Cardno February 2021 5.1.1.3 Jordan Elementary School, St. Petersburg Address: 2392 9th Avenue South, St. Petersburg Constructed: 1925 Original Contractor: Victor A. Boeke Rehabilitated: 2009, City of St. Petersburg New Use: Pinellas County Head Start Facility When first acquired by the City of St. Petersburg in 2007, the former Jordan Elementary School (Figure 17) consisted of a 1925 two-story, U-shaped school built by Victor Boeke based on the design for the recently completed Euclid School. A large 1948 brick addition largely encapsulated the front of the original school. A 1952 cafeteria building and a 1960 classroom annex were also on the property. Converted to a Head Start Center in 1975, the facility closed in 1997 due to the poor condition. The building was vacant when the City of St. Petersburg purchased it in 2007. Undertaken through the use of $4 million of Community Development Block Grant (CDBG) funds as well as other economic development grants, the City hired preservation architects, Renker Eich Parks Architects, to prepare LEED-certified rehabilitation plans, which resulted in the removal of the 1948 addition and a return to the 1925 appearance of the school. After renovation, the Pinellas County Head Start program returned as a tenant to occupy the nearly 13,000 square foot space. The school was designated as a local landmark after the rehabilitation.3 Figure 17. Jordan Elementary School in St. Petersburg, before rehabilitation in 2005 and after in 2021. 3 City of St. Petersburg City Council Public Hearing for Ordinance 073-HL, Staff Report and Local Landmark Designation Application “Jordan Elementary School,” prepared by Kimberly Hinder and Aimee Angel, 3 December 2009; Sybil Crocetti, “School Turns from Gloomy to Green,” St. Petersburg Ti mes, 19 February 2009; Donna Winchester, “Return of a Historic Landmark,” St. Petersburg Times, 14 October 2009; Pinellas County Property Appraiser, Property record for 2390 9th Avenue South, accessed January 2021; Pinellas County Official Record Book 15619, Page 159. Adaptive Reuse of North Ward Elementary School White Paper February 2021 Cardno Adaptive Use 5-25 5.1.1.4 Osprey School, Osprey, Florida Address: 337 N. Tamiami Trail (US 41), Osprey Constructed: 1926 Original Architect: M. Leo Elliott Original Contractor: Becchetti and Romersa Rehabilitated: 1995, Gulf Coast Heritage Association New Use: Visitor’s Center for Historic Spanish Point, Osprey Library One of eight schools built in Sarasota County during the 1920s, the Osprey School (Figure 18) originally housed students in the first through ninth grades before being converted to a serve elementary aged children. The Sarasota County School Board closed the Osprey School in 1976, but converted it to a Teacher Education Center which operated until 1989, after which the building remained vacant. Sarasota County acquired the building through a land swap with the school board. The County, in conjunction with the local nonprofit Gulf Coast Heritage Association, listed the building in the NRHP in 1994, and pursued grants to rehabilitate the structure as part of the Historic Spanish Point complex. Obtaining two Special Category historic preservation grants totaling $436,000, rehabilitation started in 1995 and was completed the following year at a total cost of $900,000. The building now serves as a small library for the Osprey community and as the Visitor’s Center for the Historic Spanish Point complex, a 30-acre preserve and outdoor archaeological and historic museum on Little Sarasota Bay. It was listed as a Sarasota County Landmark in 2018.4 Figure 18. Osprey School in Sarasota County, before rehabilitation in 1994 and after in 2021. 4 Rebecca Spain Schwarz and Sherry Piland, “Osprey School,” National Register of Historic Places Nomination Form, National Archives and Records Administration (NARA), Record Group 79, document on-line, File 94000707, https://catalog.archives.gov/id/77843916, June 1994, accessed January 2021; Jorge Danta Spector, Osprey Schoolhouse, Sarasota County Historic Designation Report, March 2018, document online, https://sire.scgov.net/sirepub/cache/2/bjcrr5nipgwbnykojwl4v3hk/111675201292021084622453.PDF Sarasota County; Ann A. Shank, “Osprey School,” Sarasota History Alive, document on-line, http://www.sarasotahistoryalive.com/history/articles/osprey-school/ ; Judy Huskey, “Osprey School Opens as Spanish Point Visitor Center,” Sarasota Herald-Tribune, 20 March 1996; Florida Division of Historical Resources, Grant Recipients Search, http://apps.flheritage.com/grant-history/search.cfm). Adaptive Reuse of North Ward Elementary School White Paper 5-26 Adaptive Use Cardno February 2021 5.1.1.5 Cortez School, Cortez Address: 4415 119th Street West, Cortez Constructed: 1912 Additions: ca. 1935 auditorium Rehabilitated: 2005, Manatee County New Use: Florida Maritime Museum since 2006 Built in 1912, the Cortez School (Figure 19) served elementary aged children in the Cortez community until it closed in 1961. Artist Robert Sailors purchased the school in 1974 and converted it into his home and studio until his death in 1995. With assistance from the Florida Communities Trust, Manatee County reacquired the property in 1999 and created the Cortez Nature Preserve. The Cortez Schoolhouse is a contributing resource within the Cortez National Register Historic District (95000250) which was listed in the NRHP in 1995. To restore the building, Manatee County received a Special Category historic preservation grant in 2005 for $162,736 as well as monies from the Cortez Village Historical Society and the Florida Institute of Saltwater Heritage. In order to perform the rehabilitation, the school required a variance so that the building could remain at the existing 7.33 feet finished floor elevation instead of being elevated to meet the required minimum Flood Protection Elevation of 12 feet. After the $527,000 renovation designed by architect Linda Stevenson, the former school opened as the Florida Maritime Museum.5 Figure 19. Cortez School in Manatee County, before rehabilitation in 1995 and after in 2021. 5 Florida Division of Historical Resources, Grant Recipients Search, http://apps.flheritage.com/grant-history/search.cfm; Katy Bergen, “Cortez School House Celebrates 100 Years,” Bradenton Herald, 10 November 2012; Paul Roat, “Groundbreaking at Cortez School Draws Village, Applause,” Islander Reporter, https://www.islander.org/4-6-05/cortez_school_start.php, 5 April 2005; Manatee County Variance VA-05-03, Cortez School House, document on-line, https://records.manateeclerk.com/BoardRecords/Browse/Agendas/Historic-Preservation-Board/Variances//VA05-03DOC001.pdf ; Dr. Mary Fulford Green and Sherry Piland, “Cortez Historic District,” National Register of Historic Places Nomination Form, National Archives and Records Administration (NARA), Record Group 79, document on-line, File 95000250, https://catalog.archives.gov/id/77843050 , February 1995, accessed January 2021. Adaptive Reuse of North Ward Elementary School White Paper February 2021 Cardno Adaptive Use 5-27 5.1.2 Other Examples of Rehabilitation Projects The following case studies exhibit four historic properties in Tampa which have been revitalized using a variety of methods. Two are privately owned while the other two remain publicly owned, but are occupied by commercial entities with long-term leases which undertook the rehabilitation of the properties. Historically serving as a theater and government office and industrial space, new uses in the buildings represent restaurant, hotel, and event space. Some utilized tax credits, while others took advantage of a variety of grants. 5.1.2.1 Tampa Water Works Pumping Station No. 3 / Ulele and Tampa Water Works Park, Tampa Address: 1810 North Highland Avenue, Tampa Constructed: 1902 Additions: ca. 1949, ca. 1960 Rehabilitated: 2014, City of Tampa and Private Developer: Columbia Restaurant Group, Richard Gonzmart, President, and Keith Sedita, Vice-President of New Business New Use: Restaurant For the former steam-powered pump house of the Tampa Water Works (Figure 20) in Tampa Heights, rehabilitation involved transformation into a 230-seat restaurant and microbrewery. Built in 1902, the plant closed in 1925, but remained occupied by the Water Department until 1982. Used primarily for storage thereafter and still owned by the City of Tampa, the building was designated a local historic landmark in 2002. In 2011, the Tampa City Council, under the leadership of Mayor Bob Buckhorn, advertised a request for proposals for the long-term lease or lease with option to purchase and rehabilitation of the 6,800 square foot water works building as a restaurant. Awarded to the Columbia Restaurant Group in 2012, the group received a 20-year lease for $1 per year with the option for three 20-year renewals. The rehabilitation which cost approximately $5 million, was designed and constructed by Tampa’s Beck Group. In 2010, the Ecosphere Restoration Institute in conjunction with the City initiated a project to restore the natural spring and park adjacent to the pump house. Most of the park renovation monies were provided through the county’s Capital Investment Tax, but the City also used the Florida Brownfields Voluntary Cleanup Tax Credit program to acquire credits for the clean-up and reuse of designated brownfields. Eligible for approximately $460,000 in tax credits, the City sold those credits to a bank and in exchange the bank paid the City over $400,000 which could be used toward the restoration of the spring and park. Some of the additional expenses for the spring and shoreline restoration were provided by the Florida Adaptive Reuse of North Ward Elementary School White Paper 5-28 Adaptive Use Cardno February 2021 Freshwater Fish and Wildlife Commission and the Tampa Bay Estuary program. A transportation grant allowed the Tampa Riverwalk to expand north through the park to Ulele.6 Figure 20. Tampa Water Works Pumping Station No. 3/Ulele Restaurant, before rehabilitation in 2012 and after in 2021. 6 Architectural Review and Historic Preservation, Planning and Development Department, City of Tampa, “Historic Preservation Designations,” 2018, document on-line, https://www.tampa.gov/document/2018-historic-preservation-designations-18976; Laura Reiley, “Tampa’s Old Water Works Building Slowly Transforms to Ulele Restaurant,” Tampa Bay Times, 27 February 2014; Jeff Houck, “Ulele, a Restaurant for the Next Century,” Tampa Bay Times, 10 August 2014; Stephanie Ferrell and Carl Shiver, “Old Tampa Water Works – Pumping Station No. 3,” National Register of Historic Places Nomination Form, document on-line, Florida Division of Historical Resources, November 2014, accessed February 2021; E. Strom, “Brownfield Redevelopment: Recycling the Urban Environment,” in The Palgrave Handbook of Sustainability: Case Studies and Practical Solutions, Robert Brinkmann and Sandra J. Garren, eds., Springer International Publishing, 2018:380, document on-line, https://www.google.com/books/edition/The_Palgrave_Handbook_of_Sustainability/VCRZDwAAQBAJ?hl=en&gbpv=1&dq=tampa+water+works+gonzmart+%22tax+credit%22&pg=PA380&printsec=frontcover#f=false&spf=1612890705565, accessed February 2021. Adaptive Reuse of North Ward Elementary School White Paper February 2021 Cardno Adaptive Use 5-29 5.1.2.2 Rialto Theater, Tampa Address: 1617 North Franklin Street, Tampa Constructed: 1924 Architect: Francis Kinnard Rehabilitated: 2017, Private Investors: 8-Count Productions, owners Hope Donnelly and George Carter II New Use: Mixed purpose arts, events, and production space Initially opened as a playhouse, the Rialto Theater (Figure 21) was built in 1924, but converted to a movie theater by 1926. The theater closed by 1957 and was used as an auto repair shop until 2005. Purchased for $515,000 in October 2013, the former Rialto Theater was used for storage when owners Hope Donnelly and George Carter II acquired the building. The couple utilized a Small Business Administration loan and the Federal Tax Credit to rehabilitate the structure. The theater was eligible for the Federal Tax Credit as it was identified as a contributing resource of the Upper North Franklin Street Commercial District, which was listed in the NRHP in 2010. The building is also part of the local North Franklin Street/Downtown Multiple Property Designation. The rehabilitation, completed in 2017, also received monies through Hillsborough County’s Historic Preservation Challenge Grant program. This program, which requires a match by the owner, reimburses up to 50 percent of the cost of a rehabilitation project up to $250,000. For the Rialto, the owners received two grants totaling $163,500 between 2014 and 2017 for improvements which included a new roof, upgraded ADA compliant bathrooms, installation of air conditioning and solar panels, brick restoration, electrical updates, and a catering kitchen. The 10,500 square foot Rialto Theatre is now an events / arts / dance venue.7 Figure 21. Rialto Theater in Tampa, before rehabilitation in 2011 and after in 2021. 7 Rialto Theater website, https://rialtotampa.com/ and https://www.facebook.com/RialtoTheatreTampa/; Technical Preservation Services, National Park Service, Historic Tax Credit Project Search, Project 36,028, https://tpsdev.cr.nps.gov/status/; Hillsborough County Historic Preservation Challenge Grant Past Awards, document on-line, accessed February 2021, https://www.hillsboroughcounty.org/library/hillsborough/media-center/documents/grants/hpcg/hpcg-success-stories.pdf; Amy Scherzer, “Newlyweds Renovate Historic Rialto Theater as Art and Event Space,” Tampa Bay Times, 19 June 2014; Amy Scherzer, “Dancers In Step From Start,” Tampa Bay Times, 8 June 2014; Ennis Davis, “Revitalizing Neighborhoods: Tampa Heights,” Metro Jacksonville, https://www.metrojacksonville.com/article/2011-jul-revitalizing-neighborhoods-tampa-heights, A14 July 2011; Hillsborough County Board of County Commissioners Meeting, Item A-11, 3 February 2016, document on-line, http://www.ordinancewatch.com/files/82613/LocalGovernment112518.pdf. Adaptive Reuse of North Ward Elementary School White Paper 5-30 Adaptive Use Cardno February 2021 5.1.2.3 Federal Building/US Courthouse/Downtown Postal Station / Le Meridien, Tampa Address: 601 North Florida Avenue, Tampa Constructed: 1905 Architect: James Knox Taylor Addition: 1931 Rehabilitated: 2014, Private Developers: Development Services Group, Marriott International (formerly Starwood Hotels and Resorts), and the Atlantic American Opportunity Fund New Use: Le Meridian Hotel, restaurant Federal offices in the Federal Building/US Courthouse/Downtown Postal Station (Figure 22) closed in 1998, after a new courthouse was built two blocks to the north. In 2003, the General Services Administration transferred ownership to the City of Tampa, which locally designated the former courthouse in 2004. The building remained vacant when the City issued an RFP requesting hotel reuse proposals in exchange for a long-term lease. In 2012, the City leased the property to Development Services Group and their partners for rehabilitation as a boutique hotel. The lease agreement required that the hotel pay the City rent of $1 per year for the first two years, $10,000 annually for years three through 30, and $15,000 per year for years 31 through 60. The first two years required the operator to manage the hotel at least as a three-star hotel after which some additional uses such as offices, residences, or a school, could be added to the site. Work began in 2013, and the Le Méridien Tampa Hotel opened 2014. Listed in the NRHP in 1974, the developers were able to take advantage of the Federal Tax Credit for the project. The nomination noted remaining original interior finishes including oak doors, transoms, terrazzo floors, hardware, and trim, many of which were incorporated into the building’s new function as a hotel. In addition to the Historic Tax Credit, the rehabilitation also received $99,500 through Hillsborough County’s Historic Preservation Challenge Grant program to restore the atrium. The development group utilized New Market Tax Credits and EB-5 monies, a program created by Congress to encourage foreign investment and economic growth through targeted job creation, as well as a bank loan to finance the remaining rehabilitation costs. Plans for the $26 million transformation were prepared by preservation architects Stephanie Ferrell and Kobi Karp, The Beck Group of Tampa initiated construction in 2013 which was completed with a grand opening the following year. Primarily a hotel, the building now incorporates 130 guestrooms. The main courtroom on the first floor was converted into a restaurant with outdoor dining on the front lawn. The building includes the conversion of a ceremonial courtroom on one of the upper floors into a 2,400 square foot ballroom. The City also hired a landscape architect to turn Zack Street into a pedestrian friendly “Avenue of the Arts” showcasing public art from the former courthouse on the east end to the Curtis Hixon Waterfront Park, the Tampa Museum of Art, and the Riverwalk on the west end. 8 8 “Federal Courthouse/ Le Meridien Hotel Tampa – Adaptive Use,” 23 August 2014, Ferrell Redevelopment, document on-line, https://ferrellredevelopment.wordpress.com/2014/08/23/le-meridien-tampa/; Technical Preservation Services, National Park Service, Project 27,983, Historic Tax Credit Project Search https://tpsdev.cr.nps.gov/status/; Richard Danielson, “Mayor Seeks New Life for Courthouse,” Tampa Bay Times, 29 October 2011; Richard Danielson, “Old Courthouse to Become Hotel,” Tampa Bay Times, 20 April 2012; Richard Danielson, “Renovating to Court Guests,” Tampa Bay Times, 14 February 2013; Richard Danielson, “Ruling? ‘Magnificent,’” Tampa Bay Times, 12 June 2014; “Le Meridien Tampa Debuts in Century-Old Courthouse in the Heart of Downtown,” BusinessWire, 23 June 2014, https://www.businesswire.com/news/home/20140623006107/en/Le-Meridien-Tampa-Debuts-in-Century-Old-Courthouse-in-the-Heart-of-Downtown; Herschel E. Shepard, “Federal Building, U.S. Courthouse, Downtown Postal Station,” National Register of Historic Places Nomination Form, National Archives and Records Administration (NARA), Record Group 79, document on-line, File 74000633, https://catalog.archives.gov/id/77842617 , 1974, accessed February 2021. Adaptive Reuse of North Ward Elementary School White Paper February 2021 Cardno Adaptive Use 5-31 Figure 22. Federal Building/US Courthouse/Downtown Postal Station/ Le Meridien, before rehabilitation and after in 2021. Adaptive Reuse of North Ward Elementary School White Paper 5-32 Adaptive Use Cardno February 2021 5.1.2.4 TECO Streetcar Barn/Tampa Armature Works / Heights Public Market, Tampa Address: 1910 North Ola Avenue, Tampa Constructed: 1912 Rehabilitated: 2018, Private Developer: SoHo Capital, Adam Harden and Chas Bruck New Use: Food hall, event venue, collaborative work space The Tampa Electric Street and Railway Company constructed this building in 1912 to serve as the trolley barn (Figure 23) for the streetcar system. After the system was abandoned in 1946, the building was used for storage until sold to the Tampa Armature Works, a phosphate machinery manufacturer, in 1956. Locally designated in 2004, this building would become the social and entertainment center of the 43-acre mixed use development called “The Heights.” With 73,000 square feet of space, the building incorporates a food hall, three restaurants, an event hall, an event theater, and collaborative work space. Rehabilitated at a cost of approximately $20 million, work included repointing the brick, restoring original windows and doors, replacing the roof, and the insertion of a two-story prefabricated metal building in the gutted western bay creating an arcade along the western elevation. New construction incorporated a 10,000 square foot event hall. Site improvements for the larger project such as new roads, sidewalks, parking, and expansion of the Tampa Riverwalk, were funded through a $21.5 million tax-exempt bond issue for the Heights Community Development District. The bonds were backed by tax increment financing through the City of Tampa. The developers also used the new markets tax credit program to finance the rehabilitation. 9 Figure 23. TECO Streetcar Barn/Tampa Armature Works / Heights Public Market, before rehabilitation and after in 2021. 9 AIA Tampa Bay, “Place Architecture,” https://www.behance.net/gallery/70741201/HP-004-Armature-Works, 27 September 2018, accessed February 2021; Rodney Kite-Powell, “Tampa Armature Works Building: From Public Transportation to Public Market,” https://www.83degreesmedia.com/features/rich-history-precedes-Armatureworks-in-Tampa082818.aspx, 28 August 2018, accessed February 2021; Richard Danielson, “Armature Works Gets $20M Transformation,” Tampa Bay Times, 29 January 2018; “The Heights Receives $21.5 Million in Funding,” Armature Works: News: Tampa Bay Times, https://www.armatureworks.com/heights-receives-21-5-million-funding/, 19 September 2017, accessed February 2021; Florida Community Loan Fund, “Armature Works Highlights Local Tampa Business ‘Inside the Box,’” https://fclf.org/fclf-news-and- updates-item/armature-works-highlights-local-tampa-business-inside-the-box, 30 April 2018, accessed February 2021. Adaptive Reuse of North Ward Elementary School White Paper February 2021 Cardno Additional Resources 6-33 6 Additional Resources 6.1 Certified Local Government Program for Historic Preservation Certified Local Governments (CLGs) are municipal and county governments that have made historic preservation a public policy. To become a CLG, a community must establish a historic preservation ordinance, appoint a historic preservation commission, and apply to the State Historic Preservation Office (Florida Division of Historic Resources). CLGs are certified by the National Park Service following state approval of the application. The City of Clearwater is not a CLG, and, therefore, does not currently have full access to resources and support available through the Florida DHR. Benefits of the CLG Program include: • Technical assistance and in-depth training in historic preservation for local staff and commissioners, including design guidelines and disaster planning for historic resources. • Each year the National Park Service provides funding to the Florida Division of Historical Resources’ Historic Preservation Grant fund. CLGs are eligible to compete for subgrants from this fund, with match funding requirements waived. • CLGs’ historic preservation board and chief local official have the right to review any NRHP nomination sent to the Florida DHR for a property within the CLG’s jurisdiction. Becoming a CLG connects a municipality to a state-wide network of other CLGs, facilitating the sharing of ideas, experience, and resources. CLGs also often incorporate additional preservation incentives and protections such as the ad valorem tax exemption available under Florida state laws. Local CLGs include the Town of Bellair, the City of Dunedin, the City of Gulfport, the City of St. Petersburg, the City of Tarpon Springs, the City of St. Pete Beach, and unincorporated Pinellas County. Questions regarding the CLG program should be directed to Megan McDonald, Florida Division of Historical Resources, at 1 (800) 847-7278. More information about the CLG Program is also available at https://dos.myflorida.com/historical/preservation/certified-local-governments/. 6.2 Local Designation While the City of Clearwater’s municipal ordinance allows for local designation of resources as historic, only one has been so recognized, the Pinellas County Courthouse. The lack of additional local designations does not mean that there are no other historically significant properties in the city, only that such properties have not been officially recognized. Local historic preservation measures are often the most useful and effective measures to protect a community’s historic resources. The NRHP on its own is ceremonial or symbolic, and is effective only when other laws or regulations include protection or consideration of effects on NRHP listed or eligible properties. For example, Section 106 of the National Historic Preservation Act requires federal agencies to take into account the effects that any federally funded or permitted project may have on NRHP-listed or properties identified as eligible for listing. The State of Florida does not have a separate state register of historic places. The state does maintain a database of recorded properties, the Florida Master Site File (FMSF), that includes archaeological sites, cemeteries, buildings, railroads, canals, bridges, and other man-made objects such as monuments or water towers. Generally, properties/resources must be at least 50 years of age to be recorded in the FMSF. These resources are not required to have any particular historical significance to be included in the FMSF, nor does inclusion necessarily provide any protection. The database is useful for planning purposes, and includes information about location, age, and condition of recorded resources. The North Ward Elementary School has been recorded in the FMSF as Standing Structure 8PI08347 (North Ward Elementary School). Adaptive Reuse of North Ward Elementary School White Paper 6-34 Additional Resources Cardno February 2021 6.3 City of Clearwater Historic Preservation Ordinance Within the City’s Community Development Code, Division 10 – Historic Preservation establishes standards for approving changes to structures that have been designated historic in accordance with the provisions of Section 4-607 of the same code. Text of Article 2, Division 10 – Historic Preservation Section 3-1002. - Alterations, demolitions, waiting periods. A. A historic property may be materially altered or relocated only after a six-month written notice has been given to the community development board by the affected property owner. A historic property may be demolished after 12 months written notice has been given to the community development board by the affected property owner. In either case, such notice may be given to the city clerk or to the community development coordinator. B. During the waiting period, the city may conduct negotiations with the owner, obtain a historic easement, or take other appropriate action in order to preserve the property. C. The community development board may waive any or all portions of the waiting period, provided the material alteration, relocation or demolition is undertaken subject to conditions agreed upon by the board and the owner which mitigate the adverse effects of the material alteration, relocation, demolition, or change of use, and ensure the continued maintenance of the character of the property or district. Section 3-1003. - Certificates of appropriateness. A. Except as provided in this section, a certificate of appropriateness shall be required to: 1. Materially alter a historic property. 2. Erect a new building or structure on a historic property. 3. Demolish a historic property. 4. Relocate a historic property. 5. Remove, destroy or materially and adversely disturb an archaeological site. 6. A certificate of appropriateness may be required whether or not a building or demolition permit is required. 7. A certificate of appropriateness shall not be required for ordinary maintenance or for necessary corrective action in any case in which the building official determines that corrective action is required to protect the public from an unsafe or dangerous condition. B. No building or demolition permit shall be issued for any historic property or for any property included within a historic district without the approval of a certificate of appropriateness by the community development board. C. An application for a certificate of appropriateness shall be reviewed as a Level Two approval by the community development board in accordance with the procedures in Article 4 Division 4. At the conclusion of the hearing, the board shall determine whether the proposed alteration or demolition is compatible with the historic, architectural, and archaeological qualities that resulted in the designation of the property or district as historic, and whether a feasible and prudent alternative to the proposed alteration or demolition exists. 1. If the community development board determines that the proposed alteration or demolition is compatible with such qualities, it shall approve the issuance of the certificate of appropriateness. 2. If the community development board determines that the proposed alteration or demolition is incompatible with such qualities and that no feasible and prudent alternative to the proposed alteration or demolition exists, the board may grant an exemption from the requirement for a certificate of appropriateness upon establishing that the owner will take timely steps to avoid or mitigate the adverse effects of the alteration or demolition. Adaptive Reuse of North Ward Elementary School White Paper February 2021 Cardno Additional Resources 6-35 3. If the community development board determines that the proposed alteration or demolition is incompatible with such qualities and that a feasible and prudent alternative to the proposed alteration or demolition exists, it shall not approve the issuance of the certificate of appropriateness. Text of Section 4-607. – Historic Designation A. Purpose and applicability. The city commission is authorized to designate historic properties and districts in order to meet the following objectives: 1. To protect, enhance and preserve those historic properties and districts which represent or reflect the city's cultural, social, economic, political and architectural history. 2. To preserve and enhance property values, stabilize neighborhoods and other areas of the city, increase economic benefits to the city and its inhabitants, continue the redevelopment of the original center of the city, and promote and enrich the city's educational and cultural environment. B. Application. An application for historic designation may be initiated by the city or by a property owner based on a report which includes, at a minimum, the following: 1. The location and boundaries of the property or district. 2. The historic, architectural, or archaeological value of the property or district, and its relationship to the history, government or culture of the city. 3. Present and projected economic trends and conditions relating to the maintenance, development or redevelopment of the property or district. 4. A list of contributing and noncontributing properties within a district. C. Staff review and report. After the community development coordinator has reviewed the application with the development review committee in accordance with the provisions of Section 4-202(C) and (D), he shall send a written report and recommendation to the community development board, with a copy to the applicant setting forth whether the application should be approved, approved with conditions or denied and the grounds for such recommendation. D. Community development board review/recommendation. Upon receipt of the recommendation of the community development coordinator, the community development board shall conduct a public hearing on the application in accordance with the requirements of Section 4-206 and issue a recommendation to the city commission setting forth the board's findings in regard to whether the proposed designation will satisfy the standards set forth in Section 4-607(G) and may include any proposed modifications or conditions to the proposed designation. E. City commission review/decision. Upon receipt of the recommendation of the community development board, the city commission shall conduct a public hearing in accordance with the provisions of Section 4-206 and shall approve, approve with conditions or deny the designation. Upon adoption of an ordinance designating a property or district as historic, the owner shall be given written notice of such designation by the city clerk. A suitable sign or marker indicating the historic designation shall be erected on or near the property or district. F. Standards for designation. 1. Historic properties may include but are not limited to Indian habitations, ceremonial sites, artifacts, and other properties, or any part thereof, having intrinsic historical, architectural, or archaeological value relating to the history, government and culture of the city. 2. The following criteria shall be used in evaluating proposed historic properties and districts: a. Whether the property or district is associated with events that have made a significant contribution to the broad pattern of city, state or national history. b. Whether the property or district is associated with the lives of persons significant in history. Adaptive Reuse of North Ward Elementary School White Paper 6-36 Additional Resources Cardno February 2021 c. Whether the property or district possesses distinctive characteristics of a type, period or method of construction, or the representation of the work of as master, or the possession of artistic values. d. Whether the property or district has yielded or may be likely to yield information important in prehistory or history. 3. Properties and districts shall be classified additionally as follows: a. Exceptional - Satisfies each of the four criteria. b. Excellent - Satisfies three of the above criteria. c. Notable - Satisfies two of the above criteria. d. Of value as part of the scene - Satisfies one of the above criteria. 4. Properties need not be contiguous. 5. Contributing properties are those properties that meet the following criteria: a. The structure's location, design, setting, materials, workmanship, feeling and association add to the district's sense of time and place and historical development, and contributes to the historical significance of the historical district, and b. Structures that have been built since 1940 shall not be considered to contribute to the historical significance of a district unless a strong justification concerning their historical or architectural merit is given, or the historical attributes of the district or structure are considered to have arisen since 1940. G. Removal of designation. The removal of the historic designation from a property or district shall follow the same procedures as were used for its designation. (Ord. No. 8070-09, § 11, 12-3-09) Adaptive Reuse of North Ward Elementary School White Paper February 2021 Cardno For Further Reading 7-37 7 For Further Reading The National Park Service provides a wealth of information, training, and guidance through its Technical Preservation Services: https://www.nps.gov/tps/index.htm. Ever increasing number of studies and evidence supporting and documenting the economic benefits of historic preservation: https://www.achp.gov/initiatives/community-revitalization-economic-benefits/area-studies. • Florida: Economic Impacts of Historic Preservation in Florida. Updated report (2010); Original Report (2002) • Florida: Contributions of Historic Preservation to the Quality of Life in Florida (2006) • Enhancing Paradise: The Impacts of Historic Preservation on Miami-Dade County (2018) Insert Report Title Insert Project Name 1BFebruary 11, 2021, February 2021 Cardno For Further Reading 7-39 North Ward School_white paper_final About Cardno Cardno is an ASX-200 professional infrastructure and environmental services company, with expertise in the development and improvement of physical and social infrastructure for communities around the world. Cardno’s team includes leading professionals who plan, design, manage, and deliver sustainable projects and community programs. Cardno is an international company listed on the Australian Securities Exchange [ASX:CDD]. Cardno Zero Harm At Cardno, our primary concern is to develop and maintain safe and healthy conditions for anyone involved at our project worksites. We require full compliance with our Health and Safety Policy Manual and established work procedures and expect the same protocol from our subcontractors. We are committed to achieving our Zero Harm goal by continually improving our safety systems, education, and vigilance at the workplace and in the field. Safety is a Cardno core value and through strong leadership and active employee participation, we seek to implement and reinforce these leading actions on every job, every day. www.cardno.com Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-8818 Agenda Date: 2/16/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: City Manager's Office Agenda Number: 3.4 SUBJECT/RECOMMENDATION: Authorize commencement of the Memorial Causeway Bridge Lighting Project, approve the transfer of $1,485,000 from general fund reserves at first quarter, authorize a Community Aesthetic Feature Agreement between the city of Clearwater and the Florida Department of Transportation, authorize the appropriate officials to execute same and adopt Resolution 21-06. SUMMARY: Following council approval in December 2019, staff contracted with consultants H.W. Lochner to design and engineer aesthetic lighting for the Memorial Causeway Bridge. This lighting will enhance the unique architecture of the bridge and produce a smooth color gradient that can be controlled by city staff. The project is in the final stage of permittable design. Engineering plans were updated to accommodate the relocation of the amphitheater. These plans include a two-phase implementation that allows for the installation of lighting prior to the construction of Imagine Clearwater. Once construction of the amphitheater is underway, a permanent conduit and control board will be installed in the back of house. A total of $166,656 in design costs has been spent and encumbered to-date with Imagine Clearwater project funding. The final engineer’s estimate for the construction is $1,335,932.94. Additionally, a restoration and removal deposit of $84,488.40 is required by FDOT. With contingency, a total of $1,485,000 of General Fund reserves is requested to complete the bridge lighting project. Completed stages: July 15, 2020 Permit / USCG Approvals August 14, 2020 100% Design Submittal August 21, 2020 100% Engineer’s Estimate September 25, 2020 Final Plans Submittal With an approved budget allocation, staff will present to Council a resolution to enter into a Community Aesthetic Feature Agreement with the Florida Department of Transportation. This agreement will complete the FDOT permitting process. Staff will then coordinate with Skanska to advertise for construction bids and generate a Guaranteed Maximum Price for this project. APPROPRIATION CODE AND AMOUNT: Page 1 City of Clearwater Printed on 2/15/2021 File Number: ID#21-8818 A first quarter budget amendment will provide a transfer of $1,485,000 from General Fund Reserves to capital improvement project ENGF200003, Memorial Causeway Bridge Lighting to fund this project. USE OF RESERVE FUNDS: Funding for this contract will be provided by a first quarter budget amendment allocating General Fund reserves in the amount of $1,485,000 to capital improvement project ENGF200003, Memorial Causeway Bridge Lighting. Inclusive of this item if approved, a net total of $3,181,540 of General Fund reserves has been appropriated by Council to fund expenditures in the 2020/21 operating budget. The remaining balance in General Fund reserves after the 8.5% reserve is approximately $32.6 million, or 21.4% of the current General Fund operating budget. Page 2 City of Clearwater Printed on 2/15/2021 RESOLUTION NO. 21-06 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA AUTHORIZING THE EXECUTION OF A COMMUNITY AESTHETIC FEATURE AGREEMENT (CAFA) BETWEEN THE CITY OF CLEARWATER AND THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, THAT PROVIDES FOR THE DESIGN, INSTLLATION AND MAINTENANCE FOR DECORATIVE LIGHTING ON SR 60/MEMORIAL CAUSEWAY BRIDGE; PROVIDING AN EFFECTIVE DATE. WHEREAS, in order to place decorative lighting on SR 60/ Memorial Causeway Bridge (the Project), the Florida Department of Transportation (FDOT) requires the City to enter into a Community Aesthetic Feature Agreement (the Agreement) that provides for the design, installation, and maintenance of the Project, which includes a conceptual submittal and a final plan submittal phase, a copy of which is attached hereto; and WHEREAS, under the terms of the Agreement, the City will perform any future maintenance including cleaning and replacement of damaged or deteriorating materials to the improvements as outlined in the Agreement at City cost; and WHEREAS, under the terms of the Agreement, the City must pay for the costs of removal of the Project and restoration of the right-of-way upon the expiration or earlier termination of the Agreement and provide a deposit to secure the payment of the Costs; and WHEREAS, it has been determined that $84,488.40 is an amount sufficient to cover the costs to FDOT pursuant to the CAFA; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Council hereby accepts and approves the Agreement between the City and the State of Florida Department of Transportation, on SR 60/Memorial Causeway Bridge, and authorizes appropriate City officials to take all necessary action as may be necessary or appropriate to perform all obligations and commitments of the City of Clearwater in accordance with the provisions of the Agreement. Section 2. This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this __________ day of _______________, 2021. ________________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ________________________________ ________________________________ Owen Kohler Rosemarie Call Assistant City Attorney City Clerk STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION COMMUNITY AESTHETIC FEATURE AGREEMENT 625-010-10 ROADWAY DESIGN OGC - 08/17 Page 1 of 12 State Road/Local Road SR 60 Section No. 15045000 CAFA No. This Community Aesthetic Feature Agreement (“Agreement”) is entered into this 18th day of February, 2021 , between the State of Florida, Department of Transportation (“Department”) and City of Clearwater (“Agency”). The Department and the Agency are sometimes referred to in this Agreement as a “Party” and collectively as the “Parties.” RECITALS A. The Agency has requested permission from the Department to install a [CHOOSE ONE: Public Art, Local Identification Marker] community aesthetic feature on that certain right-of-way owned by the Department which is located on State Road/Local Road SR 60/MEMORIAL CAUSEWAY BRIDGE at MP0.167 - 0.606 in PINELLAS County, Florida (“Project”). B. The Department agrees that transportation facilities enhanced by community aesthetic features can benefit the public, result in positive economic development, and increase tourism both locally and throughout Florida. C. The Parties agree to the installation and maintenance of the Project, subject to the terms and conditions in this Agreement. AGREEMENT 1. TERM. The term of this Agreement shall commence upon full execution of this Agreement (“Effective Date”) and continue through February 18, 2041 , which is determined as the lifespan of the Project, unless terminated at an earlier date as provided in this Agreement. If the Agency does not complete the installation of the Project within February 18, 2023 (730) days of the Effective Date of this Agreement, the Department may immediately terminate this Agreement. This Agreement may only be renewed for a term no longer than the original term of this Agreement upon a writing executed by both Parties to this Agreement. 2. PROJECT DESCRIPTION. The Project is a [CHOOSE ONE: Public Art, Local Identification Marker], as more fully described in the plans in Exhibit “A”, attached and incorporated in this Agreement. 3. FUNDING OF THE PROJECT. The Agency has agreed by resolution to approve the Project and to fund all costs for the design, installation, and maintenance of the Project, and such resolution is attached and incorporated in this Agreement as Exhibit “D”. The Department shall not be responsible for any costs associated with the Project. All improvements funded, constructed, and installed by the Agency shall remain the Agency’s property. However, this permissive use of the Department’s right-of-way where the Project is located does not vest any property right, title, or interest in or to the Agency for the Department’s right-of-way. 4. DESIGN AND CONSTRUCTION STANDARDS AND REQUIRED APPROVALS. a. The Agency is responsible for the design, construction, and maintenance of the Project in accordance with all applicable federal, state and local statutes, rules and regulations, including the Department standards and specifications. A professional engineer, registered in Florida, shall provide the certification that all design and construction for the Project meets the minimum construction standards established by the Department and applicable Florida Building Code construction standards. The Agency shall submit all plans or related construction documents, cost estimates, project schedule, and applicable third party agreements to the Department for review and approval prior to installation of the Project. The Agency is responsible for the preparation of all design plans for the Project, suitable for reproduction on 11 inch by 17 inch sheets, together with a complete set of specifications covering all construction requirements for the Project. A copy of the design plans shall be provided to the Department’s District Design Engineer, located at c/o Chris Gregory 5211 Ulmerton Road, MS 7-1210, Clearwater, FL 33760 . The Department will review the plans for conformance to the Department’s requirements and feasibility. The Department review shall not be considered an adoption of the plans nor a substitution for the engineer’s responsibility for the plans. By review of the plans, the Department signifies only that such 625-010-10 ROADWAY DESIGN OGC - 08/17 Page 2 of 12 plans and improvements satisfies the Department’s requirements, and the Department expressly disclaims all other representations and warranties in connection with the plans, including, but not limited to the integrity, suitability, or fitness for the intended purpose or whether the improvements are constructed in accordance with the plans. The Department’s review of the plans does not relieve the Agency, its consultants or contractors of any professional or other liability for the plans. All changes required by the Department shall be made by the Agency and final corrected plans shall be provided to the Department within thirty (30) days. b. The Agency shall be responsible for locating all existing utilities, both aerial and underground, and for ensuring that all utility locations be accurately documented on the construction plans. All utility conflicts shall be fully resolved directly with the applicable utility. Section 337.403, Florida Statutes, shall determine whether the utility bears the costs of utility work. The Agency shall bear the costs of utility work not required to be borne by the utility by Section 337.403, Florida Statutes. c. The Agency shall be responsible for monitoring construction operations and the maintenance of traffic (“MOT”) throughout the course of the Project in accordance with the latest edition of FDOT Standard Specifications, Section 102. The Agency is responsible for the development of a MOT plan and making any changes to that plan as necessary. The MOT plan shall be in accordance with the latest version of FDOT Design Standards, Index 600 series. Any MOT plan developed by the Agency that deviates from FDOT Design Standards must be signed and sealed by a professional engineer. MOT plans will require approval by the Department prior to implementation. d. The Agency is responsible for obtaining all permits that may be required by any federal, state, or local agency. e. Prior to commencing the Project, the Agency shall request a Notice to Proceed from the Department’s Construction Project Manager, Brian Pickard , at (727) 725-7950 or from an appointed designee. f. The Agency is authorized, subject to the conditions in this Agreement, to enter Department’s right-of-way to install the Project (see attached Exhibit “B” Special Provisions). The Parties agree that this Agreement creates a permissive use only. Neither the granting of permission to use Department’s right-of-way nor the placing of facilities upon Department’s right-of-way shall operate to create or vest any property right in or to the Agency. The Agency shall not acquire any right, title, interest, or estate in the Department’s right-of-way, of any nature or kind whatsoever, by virtue of the execution, operation, effect, or performance of this Agreement including, but not limited to, the Agency’s use, occupancy or possession of the Department’s right-of-way. g. The Department shall have the right, but not the obligation, to perform independent assurance testing during the course of construction and throughout the maintenance term of the Project. If the Department determines that a condition exists which threatens the public’s safety, the Department may, at its discretion, cause the Project to cease and/or immediately have any potential hazards removed from its right-of-way at the sole cost, expense, and effort of the Agency. Should the Agency fail to remove the safety hazard within thirty (30) days, the Department may remove the safety hazard at the Agency’s sole cost, expense, and effort. h. The Agency shall be responsible to ensure that construction of the Project is performed in accordance with the approved construction documents, and that it will meet all applicable federal, state, and local standards and that the work is performed in accord with the Terms and Conditions contained in Exhibit “C”. i. The Agency shall notify the Department a minimum of forty eight (48) hours before beginning the Project within the Department’s right-of-way. The Agency shall notify the Department should installation be suspended for more than five (5) working days. j. Upon completion of the Project, the Agency shall notify the Department in writing of the completion of the installation of the Project. For all design work that originally required certification by a Professional Engineer, the notification shall contain a Responsible Professional’s Certification of Compliance, signed 625-010-10 ROADWAY DESIGN OGC - 08/17 Page 3 of 12 and sealed by the responsible professional for the project, the form of which is attached to this Agreement as Exhibit “E”. The certification shall state that work has been completed in compliance with the Project construction plans and specifications. If any deviations are found from the approved plans, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation. The Agency and its contractors shall remove their presence, including, but not limited to, all of the Agency or its contractor’s/ subcontractor’s/ consultant’s/ subconsultant’s property, machinery, and equipment from the Department’s right-of-way and shall restore those portions of the Department’s right-of-way disturbed or otherwise altered by the Project to substantially the same condition that existed immediately prior to the commencement of the Project, at Agency’s sole cost and expense. k. If the Department determines that the Project is not completed in accordance with the provisions of this Agreement, the Department shall deliver written notification to the Agency. The Agency shall have thirty (30) days from the date of receipt of the Department’s written notice to complete the Project and provide the Department with written notice of the same (“Notice of Completion”). If the Agency fails to timely deliver the Notice of Completion, or if it is determined that the Project is not properly completed after receipt of the Notice of Completion, the Department may: 1) provide the Agency with written authorization granting additional time as the Department deems appropriate to correct the deficiency(ies); or 2) correct the deficiency(ies) at the Agency’s sole cost and expense, without Department liability to the Agency for any resulting loss or damage to property, including but not limited to machinery and equipment. If the Department elects to correct the deficiency(ies), the Department shall provide the Agency with an invoice for the costs incurred by the Department and the Agency shall pay the invoice within thirty (30) days of the date of the invoice. l. Upon completion of the Project, the Agency shall be responsible for the perpetual maintenance of the Project, including all costs. The maintenance schedule shall include initial defect, instantaneous damage and deterioration components. The initial defect maintenance inspection should be conducted, and any required repairs performed during the construction phase. The instantaneous damage maintenance inspection should be conducted sixty (60) to ninety (90) days after placement and is intended to identity short term damage that does not develop over longer time periods. The deterioration maintenance inspection shall be conducted on regular, longer term intervals and is intended to identify defects and damages that occur by naturally occurring chemical, physical or biological actions, repeated actions such as those causing fatigues, normal or severe environmental influences, abuse or damage due to other causes. Deterioration maintenance shall include, but is not limited to, the following services: Cleaning and replacement of damaged or deteriorating materials. m. The Agency shall, within thirty (30) days after expiration or termination of this Agreement, remove the Project and restore the right-of-way to its original condition prior to the Project. The Agency shall secure its obligation to remove the Project and restore the right-of-way by providing a removal and restoration deposit, letter of credit, or performance bond in the amount of $ 84,488.40 . The removal and restoration deposit, letter of credit, or bond shall be maintained by the Agency at all times during the term of this Agreement and evidence of the deposit, letter of credit, or bond shall be submitted to the Department on an annual basis. A waiver of the deposit, letter of credit, or bond requirement is permitted with approval from the District Maintenance Engineer for those installations with estimated restoration/removal costs less than or equal to $2000.00. District Maintenance Engineer, Date: . n. The Department reserves its right to cause the Agency to relocate or remove the Project, in the Department’s sole discretion, and at the Agency’s sole cost. 625-010-10 ROADWAY DESIGN OGC - 08/17 Page 4 of 12 5. INDEMNITY AND INSURANCE. a. The Agency agrees to include the following indemnification in all contracts with contractors, subcontractors, consultants, and subconsultants, who perform work in connection with this Agreement: "The contractor/ subcontractor/ consultant/ subconsultant shall indemnify, defend, save and hold harmless the State of Florida, Department of Transportation and all of its officers, agents or employees from all suits, actions, claims, demands, liability of any nature whatsoever arising out of, because of, or due to any negligent act or occurrence of omission or commission of the contractor/ subcontractor/ consultant/ subconsultant, its officers, agents or employees." b. The Agency shall carry or cause its contractor/ subcontractor/ consultant/ subconsultant to carry and keep in force during the period of this Agreement a general liability insurance policy or policies with a company or companies authorized to do business in Florida, affording public liability insurance with combined bodily injury limits of at least $1,000,000 per person and $5,000,000 each occurrence, and property damage insurance of at least $100,000 each occurrence, for the services to be rendered in accordance with this Agreement. Additionally, the Agency or its contractor/ subcontractor/ consultant/subconsultant shall cause the Department to be an additional insured party on the policy or policies, and shall provide the Department with certificates documenting that the required insurance coverage is in place and effective. In addition to any other forms of insurance or bonds required under the terms of the Agreement, when it includes construction within the limits of a railroad right-of-way, the Agency must provide or cause its contractor to obtain the appropriate rail permits and provide insurance coverage in accordance with Section 7-13 of the Department’s current Standard Specifications for Road and Bridge Construction, as amended. c. The Agency shall also carry or cause its contractor/ subcontractor/ consultant/ subconsultant to carry and keep in force Worker's Compensation insurance as required by the State of Florida under the Worker's Compensation Law. 6. NOTICES. All notices pertaining to this Agreement are in effect upon receipt by either Party, shall be in writing, and shall be transmitted either by personal hand delivery; United States Post Office, return receipt requested; or, overnight express mail delivery. E-mail and facsimile may be used if the notice is also transmitted by one of the preceding forms of delivery. The addresses set forth below for the respective parties shall be the places where notices shall be sent, unless prior written notice of change of address is given. STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION DISTRICT PROGRAM MANAGER Chris Gregory, Pinellas Maintenance Unit Permits Administrator 5211 Ulmerton Road, MS 7-1210, Clearwater, FL 33760 Phone: (727)575-8310 Fax: City of Clearwater COUNTY [OR CITY], FLORIDA Tara Kivett, Engineering Director City of Clearwater Engineering Dept. P.O. Box 4748 Clearwater, FL 33758-4748 Phone: (727) 562-4750 Fax: (727) 562-4755 625-010-10 ROADWAY DESIGN OGC - 08/17 Page 5 of 12 7. TERMINATION OF AGREEMENT. The Department may terminate this Agreement upon no less than thirty (30) days notice in writing delivered by certified mail, return receipt requested, or in person with proof of delivery. The Agency waives any equitable claims or defenses in connection with termination of the Agreement by the Department pursuant to this Paragraph 7. 8. LEGAL REQUIREMENTS. a. This Agreement is executed and entered into in the State of Florida and will be construed, performed, and enforced in all respects in strict conformity with local, state, and federal laws, rules, and regulations. Any and all litigation arising under this Agreement shall be brought in a state court of appropriate jurisdiction in Leon County, Florida, applying Florida law. b. If any term or provision of the Agreement is found to be illegal or unenforceable, the remainder of the Agreement will remain in full force and effect and such term or provision will be deemed stricken. c. The Agency shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Agency in conjunction with this Agreement. Failure by the Agency to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the Department. d. The Agency and the Department agree that the Agency, its employees, contractors, subcontractors, consultants, and subconsultants are not agents of the Department as a result of this Agreement. e. The Agency shall not cause any liens or encumbrances to attach to any portion of the Department’s right- of-way. 9. PUBLIC ENTITY CRIME. The Agency affirms that it is aware of the provisions of Section 287.133(2)(a), Florida Statutes. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty six (36) months from the date of being placed on the convicted vendor list. The Agency agrees that it shall not violate Section 287.133(2)(a), Florida Statutes, and further acknowledges and agrees that any conviction during the term of this Agreement may result in the termination of this Agreement. 10. UNAUTHORIZED ALIENS. The Department will consider the employment of unauthorized aliens, by any contractor or subcontractor, as described by Section 274A(e) of the Immigration and Nationalization Act, cause for termination of this Agreement. 11. NON-DISCRIMINATION. The Agency will not discriminate against any employee employed in the performance of this Agreement, or against any applicant for employment because of age, ethnicity, race, religious belief, disability, national origin, or sex. The Agency shall provide a harassment-free workplace, with any allegation of harassment given priority attention and action by management. The Agency shall insert similar provisions in all contracts and subcontracts for services by this Agreement. 12. DISCRIMINATORY VENDOR LIST. The Agency affirms that it is aware of the provisions of Section 287.134(2)(a), Florida Statutes. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. The Agency further agrees 625-010-10 ROADWAY DESIGN OGC - 08/17 Page 6 of 12 that it shall not violate Section 287.134(2)(a), Florida Statutes, and acknowledges and agrees that placement on the list during the term of this Agreement may result in the termination of this Agreement. 13. ATTORNEY FEES. Each Party shall bear its own attorney’s fees and costs. 14. TRAVEL. There shall be no reimbursement for travel expenses under this Agreement. 15. PRESERVATION OF REMEDIES. No delay or omission to exercise any right, power, or remedy accruing to either Party upon breach or default by either Party under this Agreement, will impair any such right, power or remedy of either party; nor will such delay or omission be construed as a waiver of any breach or default or any similar breach or default. 16. MODIFICATION. This Agreement may not be modified unless done so in a writing executed by both Parties to this Agreement. 17. NON-ASSIGNMENT. The Agency may not assign, sublicense, or otherwise transfer its rights, duties, or obligations under this Agreement without the prior written consent of the Department. Any assignment, sublicense, or transfer occurring without the required prior written approval of the Department will be null and void. The Department will at all times be entitled to assign or transfer its rights, duties, or obligations under this Agreement to another governmental agency in the State of Florida, upon giving prior written notice to the Agency. In the event that the Department approves transfer of the Agency’s obligations, the Agency remains responsible for all work performed and all expenses incurred in connection with this Agreement. 18. BINDING AGREEMENT. This Agreement is binding upon and inures to the benefit of the Parties and their respective successors and assigns. Nothing in this Agreement is intended to confer any rights, privileges, benefits, obligations, or remedies upon any other person or entity except as expressly provided for in this Agreement. 19. INTERPRETATION. No term or provision of this Agreement shall be interpreted for or against any party because that party or that party’s legal representative drafted the provision. 20. ENTIRE AGREEMENT. This Agreement, together with the attached exhibits and documents made a part by reference, embodies the entire agreement of the Parties. There are no provisions, terms, conditions, or obligations other than those contained in this Agreement. This Agreement supersedes all previous communication, representation, or agreement, either verbal or written, between the Parties. No amendment will be effective unless reduced to writing and signed by an authorized officer of the Agency and the authorized officer of the Department or his/her delegate. 21. DUPLICATE ORIGINALS. This Agreement may be executed in duplicate originals. The remainder of this page is intentionally left blank. 625-010-10 ROADWAY DESIGN OGC - 08/17 Page 7 of 12 Section No. 15045000 CAFA No. AGENCY City of Clearwater By: Print Name: Tara Kivett Title: Engineering Director As approved by the Council, Board, or Commission on: February 18, 2021 Attest: Rosemarie Call, City Clerk Legal Review: Owen Kohler, Assistant City Attorney City or County Attorney DEPARTMENT State of Florida, Department of Transportation By: Print Name: Richard Moss, PE Title: Director of Transportation Development Date: Legal Review: 625-010-10 ROADWAY DESIGN OGC - 08/17 Page 8 of 12 Section No. 15045000 CAFA No. EXHIBIT “A” PROJECT DESCRIPTION I. SCOPE OF SERVICES The SR 60 / Clearwater Memorial Causeway Bridge Dynamic LED Lighting Project consists of LED programable decorative lights to illuminate the underside of the bridge over the intercoastal waterway from column 4 to end bent 10. The lighting will illuminate both the vertical columns and the fascia / underdeck of the bridge structure. The lighting will be wired mostly from the interior of the bridge structure and powered from underneath the bridge. The lighting load center and programmable portion of the lighting system will be operated from underneath the bridge at the end bent on the east end of the bridge. The installation of the lighting has been coordinated with the US Coast Guard to eliminate conflicts with the navigation lights over the main channel. MAINTENANCE OF TRAFFIC The selected contractor for the lighting construction will utilize the MOT plans notes and FDOT Permit Requirement to close lanes at the allowable times to costruct from the bridge deck. The contractor will also work inside the bridge and over the waterway as necessary. II. PROJECT PLANS The Agency is authorized to install the Project in accordance with the attached plans prepared by Rob R. Swann, PE , P.E./R.L.A./Architect and dated 11/19/2020 . Any revisions to these plans must be approved by the Department in writing. 625-010-10 ROADWAY DESIGN OGC - 08/17 Page 9 of 12 Section No. 15045000 CAFA No. EXHIBIT “B” SPECIAL PROVISIONS 625-010-10 ROADWAY DESIGN OGC - 08/17 Page 10 of 12 Section No. 15045000 CAFA No. EXHIBIT “C” TERMS AND CONDITIONS FOR INSTALLATION OF THE PROJECT City of Clearwater's Maintenance Plan The City of Clearwater will maintain the Dynamic LED Lighting to operate according to the FDOT's Bridge Lighting Policy dated 9-2020. The City will also abide by the US Coast Guards requests to make sure the lighting does not impair the navigation lights on the bridge over the main channel. 1. The City of Clearwater will maintain the lighting on the Clearwater Memorial Causeway Bridge, the power source and the operational controls for the programmable lighting system. 2. The City will perform maintenance on the lighting and programmable lighting system as necessary and according to the manufacturers requirements. Lights, bulbs, LED drivers, etc. will be replaced as needed for the operation of the Dynamic LED Lighting System. 3. The City of Clearwater will obtain the FDOT's Bridge Inspection Reports to verify any other maintence items associated with the Dynamic LED Lightinig System. 625-010-10 ROADWAY DESIGN OGC - 08/17 Page 11 of 12 Section No. 15045000 CAFA No. EXHIBIT “D” AGENCY RESOLUTION 625-010-10 ROADWAY DESIGN OGC - 08/17 Page 12 of 12 Section No. 15045000 CAFA No. EXHIBIT “E” NOTICE OF COMPLETION AND RESPONSIBLE PROFESSIONAL’S CERTIFICATE OF COMPLIANCE NOTICE OF COMPLETION COMMUNITY AESTHETIC FEATURE AGREEMENT Between THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION and PROJECT DESCRIPTION: LED DYNAMIC LIGHTING TO THE UNDERSIDE OF THE MEMORIAL CAUSEWAY BRIDGE In accordance with the Terms and Conditions of the Community Aesthetic Feature Agreement, the undersigned provides notification that the work authorized by this Agreement is complete as of , 20 . By: Name: Title: RESPONSIBLE PROFESSIONAL’S CERTIFICATION OF COMPLIANCE In accordance with the Terms and Conditions of the Community Aesthetic Feature Agreement, the undersigned certifies that all work which originally required certification by a Professional Engineer has been completed in compliance with the Project construction plans and specifications. If any deviations have been made from the approved plans, a list of all deviations, along with an explanation that justifies the reason to accept each deviation, will be attached to this Certification. Also, with submittal of this certification, the Agency shall furnish the Department a set of “as-built” plans certified by the Engineer of Record. By: SEAL: Name: Date: |1CITY OF CLEARWATER Coachman Waterfront 1.Coachman Park Value Engineering Items 2. Memorial Causeway Bridge Lighting Old Bay /North Ward 3. North Ward School 2-16-2021 |2CITY OF CLEARWATER Value Engineering Item Review Requested Council Action 1.Provide feedback and direction on any items which make up the value engineering components of the park redevelopment plan. |3CITY OF CLEARWATER Memorial Causeway Bridge Lighting Project Requested Council Action 1.Provide feedback and direction on moving forward with Memorial Causeway lighting. |4CITY OF CLEARWATER North Ward School Next Steps 1.Stabilize and protect/maintain asset. 2.Assessment of potential for historic preservation designation. 3.Develop plan of action based on concept. 4.Restore facility to occupancy status, conditioned for long term sustainability. |5CITY OF CLEARWATER North Ward School Next Steps (cont.) 5.Solicit partnership proposals for reuse. 6.Develop partnership for commercial and community service opportunities. |6CITY OF CLEARWATER Coachman Park Redevelopment 2-16-2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-8689 Agenda Date: 2/16/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Declare surplus, for the purpose of donation for development of affordable housing, real property located at 1112 Palm Bluff Street; approve the Real Property Donation Agreement between the City and Corporation to Develop Communities of Tampa, Inc. (CDC of Tampa); and allow appropriate officials to execute same, together with all other instruments required to affect closing. (APH) SUMMARY: This property is currently vacant, and it is identified by Resolution 19-10 as a city-owned property appropriate for use as affordable housing (Pinellas County Property I.D. #10-29-15-33552-006-0390). The property is suitable for construction of a single-family home. The city acquired the property at no cost in 2015 through the Pinellas County escheatment process due to non-payment of taxes. This property is located within the North Greenwood Neighborhood Revitalization Strategy Area. CDC of Tampa has a history of contributing to community revitalization and is a reputable builder of affordable homes in the Tampa Bay region. A staff appraisal valued the property at $21,700 on December 30, 2020. According to Section 2.01(d)(5)(i) of the Clearwater City Charter, the City Council may approve the donation or sale for less than fair market value of city-owned property of not more than five acres in size for Workforce Housing. Workforce Housing means housing affordable to persons or families whose total annual income does not exceed 120 percent of the Area Median Income (AMI), adjusted for household size, as published by the U.S. Department of Housing and Urban Development for Pinellas County or metropolitan area. According to information provided by the Pinellas County Property Appraiser, the property is 0.084 acres (3,640 square feet). APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 2/15/2021 [GM20-1510-257/262484/1] Real Property Donation Agreement between the City of Clearwater and Corporation to Develop Communities of Tampa, Inc. – 1112 Palm Bluff REAL PROPERTY DONATION AGREEMENT This REAL PROPERTY DONATION AGREEMENT (“Agreement”) is made on this ____ day of ___________, 2021, (“Effective Date”) between the City of Clearwater (the “City”), a Florida municipal corporation whose address is 600 Cleveland Street, Suite 600, Clearwater, FL 33755 and Corporation to Develop Communities of Tampa, Inc. (“CDC of Tampa”), a Florida not for profit corporation whose address is 1907 E. Hillsborough Avenue, Suite 100, Tampa, FL 33610. RECITALS: WHEREAS, the City is the owner of a parcel of real property, commonly known as 1112 Palm Bluff Street, Clearwater, FL 33755 (“Property”); and WHEREAS, CDC of Tampa is a not for profit corporation within the State of Florida established for the purpose of creating opportunities by deploying comprehensive community development strategies that connect workforce development, housing and real estate with education, resident leadership and community safety to drive economic prosperity; and WHEREAS, CDC of Tampa wishes to acquire the Property for the construction of a single-family home for a qualified family, and the City desires to donate the Property as provided for under Section 2.01(d)(5)(i) of the Clearwater City Charter, subject to certain conditions; and WHEREAS, the parties desire to memorialize their Agreement. NOW THEREFORE, in consideration of the mutual covenants herein contained, and the mutual benefits to be derived hereunder, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. The recitals set forth above are true and correct and are incorporated herein by reference. 2. This Agreement describes the respective responsibilities of each party in providing for the donation of the Property for the purpose of constructing a single-family home to be used for affordable housing. 3. The Property (Pinellas County Property I.D. No. 10-29-15-33552-006-0390) is legally described as follows: Lot 39, Block F, GREENWOOD PARK NO. 2, according to the plat thereof as recorded in Plat Book 8, Page 16, Public Records of Pinellas County, Florida. 4. The parties agree the value of the Property is Twenty-one Thousand Seven Hundred and 00/100 Dollars ($21,700.00) and that no monetary consideration is being received by the City in connection with said donation. 5. The City agrees to donate, convey and transfer to CDC of Tampa, all of the City’s right, title and interest in and to the Property subject to the terms, conditions and provisions hereof. The donation of the Property contemplated by this Agreement shall be conveyed by Special Warranty Deed. The Special Warranty Deed shall contain a reverter clause providing that in the event CDC of Tampa has not commenced and/or completed construction of the improvements [GM20-1510-257/262484/1] Real Property Donation Agreement between the City of Clearwater and Corporation to Develop Communities of Tampa, Inc. – 1112 Palm Bluff within the timeframe(s) specified in paragraph nine (9) below, CDC of Tampa shall forthwith, upon the request of the City, reconvey the Property to the City via Special Warranty Deed. The City makes no warranties as to the marketability of title and donates the Property in “as-is, where-is, with all faults” condition. 6. CDC of Tampa shall have, at its own expense, the right to conduct inspections and determine feasibility of accepting the donation of the Property, including condition of title. For purposes of physical inspection of the Property, the City grants CDC of Tampa, its agents and professionals engaged by such parties, the right to enter upon the Property. CDC of Tampa shall not perform any inspections or tests requiring invasive methods without prior written consent of the City. CDC of Tampa shall have sixty (60) days after Effective Date (“Inspection Period”) within which to have such inspections of the Property performed as CDC of Tampa shall desire during the Inspection Period. If CDC of Tampa determines in its sole discretion that the Property is not acceptable to CDC of Tampa, it may terminate this Agreement by written notice to the City prior to the expiration of the Inspection Period and thereafter City and CDC of Tampa shall be released of all further obligations under this Agreement. 7. CDC of Tampa will pay all closing costs associated with the transfer of Property, including but not limited to; settlement fees, title insurance, appraisal fees, taxes, and recording fees. 8. CDC of Tampa shall have, at its own expense, the right to purchase title insurance. Any matters set forth in the title commitment, including any defects, or liens and encumbrances, shall be the responsibility of CDC of Tampa to cure, or accept as exceptions to the title policy. 9. The Property must be used by CDC of Tampa for the sole purpose of constructing a single-family home to be sold to a household whose total household income does not exceed one hundred twenty percent (120%) of Area Median Income, adjusted for household size, as published by the United States Department of Housing and Urban Development for Pinellas County. CDC of Tampa agrees to commence construction of certain improvements on the Property within twelve (12) months of the Effective Date of this Agreement. CDC of Tampa further agrees to complete construction of such improvements within eighteen (18) months of the Effective Date of this Agreement. The City retains the unilateral discretion to extend the above timeframes as it determines appropriate. 10. Whenever this Agreement requires or permits any consent, notice, request, or demand from one party to the other (collectively “Notice”), such Notice must be in writing and shall be delivered either by hand or by certified mail. Notice shall be effective as of the date of actual delivery or, if delivery is refused by the receiving party, the date on which such delivery was attempted. Each party’s initial address for delivery of any Notice is designated below, but any party from time to time may designate a different address for delivery of any Notice by delivering to the other party Notice of such different address: If to City: City of Clearwater Attn: City Manager One Clearwater Tower 600 Cleveland Street, Suite 600 Clearwater, FL 33755 If to CDC of Tampa: Corporation to Develop Communities of Tampa, Inc. c/o Ernest M. Coney, Jr., CEO [GM20-1510-257/262484/1] Real Property Donation Agreement between the City of Clearwater and Corporation to Develop Communities of Tampa, Inc. – 1112 Palm Bluff 1907 E. Hillsborough Avenue Tampa, FL, FL 33610 11. This Agreement may not be assigned by CDC of Tampa without the express written consent of the City, which consent shall be in the City’s sole discretion. 12. This Agreement, together with any exhibit(s) attached hereto, constitutes the entire Agreement between the parties and no representation, warranty, promise or inducement not expressly included in the Agreement shall be binding upon any party hereto, their legal representative, successors and assigns. 13. The “Effective Date” of this Agreement shall be the date on which both parties have executed this Agreement. IN WITNESS WHEREOF, the parties have duly executed this agreement the day and year first above written. THE CITY OF CLEARWATER, FLORIDA By: ______________________________ Frank V. Hibbard, Mayor Approved as to form: Attest: ______________________________ _________________________________ Laura Mahony Rosemarie Call Senior Assistant City Attorney City Clerk CORPORATION TO DEVELOP COMMUNITIES OF TAMPA, INC. Attest: ______________________________ By: _____________________________ Ernest M. Coney, Jr., CEO ______________________________ Print Name ______________________________ ______________________________ Print Name Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ORD #9436-21 Agenda Date: 2/16/2021 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Engineering Department Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve the correction of a scrivener’s error in the title block of Ordinance 9431-20, adopted on December 3, 2020, vacating portions of a 15-foot drainage and utility easement and a 10-foot utility easement, and pass Ordinance 9436-21 on first reading. SUMMARY: A scrivener’s error was made in the title block only of Ordinance 9431-20, setting forth a quarter section call as the “NW” rather than the “NE”, and it is necessary to correct said scrivener’s error. Ordinance 9436-21 corrects the title block (revises NW to the correct, NE) in the adopted Ordinance No. 9431-20. This Ordinance vacates a portion of an easement as part of the David Avenue land swap with Creative Contractors. Page 1 City of Clearwater Printed on 2/15/2021 Ordinance No. 9436-21 ORDINANCE NO. 9436-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, CORRECTING ORDINANCE NO. 9431-20; CORRECTING A SCRIVNER’S ERROR IN THE QUARTER SECTION CALL OF THE LEGAL DESCRIPTION IN THE TITLE BLOCK ONLY; PROVIDING AN EFFECTIVE DATE. WHEREAS, Ordinance No. 9431-20, vacating portions of a 15-foot drainage and utility easement and a 10-foot utility easement, as described therein, was adopted by the City Council on December 3, 2020 (attached hereto and incorporated herein as Exhibit “A”); and WHEREAS, a scrivener’s error was made in the title block of the ordinance setting forth a quarter section call as the “NW” rather than the “NE”, and it is necessary to correct said scrivener’s error; and WHEREAS, proper public notice of the corrected title has been provided by readvertisement prior to the hearing of this ordinance by City Council; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The title block attached hereto as Exhibit “B” will be deemed to replace the title block of Ordinance 9431-20 as adopted by City Council on December 3, 2020. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ Frank V. Hibbard Mayor Approved as to form: Attest: __________________________ ____________________________ Laura Mahony Rosemarie Call Senior Assistant City Attorney City Clerk EXHIBIT B AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING PORTIONS OF A 15 FOOT DRAINAGE AND UTILITY EASEMENT AND A 10 FOOT DRAINAGE AND UTILITY EASEMENT DESCRIBED AS THE EAST 15’ OF THE WEST 545’ OF THE SW ¼ OF THE NE ¼ OF SECTION 17, TOWNSHIP 29 S, RANGE 16 E, LESS THE SOUTH 285’ AND THE EAST 10’ OF THE WEST 730’ OF THE SW ¼ OF THE NE ¼ OF SECTION 17, TOWNSHIP 29 S, RANGE 16 E, LESS THE SOUTH 330’, AS RECORDED IN O.R. BOOK 4082, PAGE 117 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. DAVID AVE ELIZABETH AVE 1 347 213 400 209 206 118 301 308 209 391 316 331 210 204 380 200 385 205 205 300 216 337 334 317 212 111 321 208 317 312 324 197 212 108 304 320 216 193 110 201 115 217 332 327 336 201 213 220 313 204 155 305 217 309 221 300B 300A 208B 2882345 208A AERIAL MAP Proposed Drainage and Utility Easement Vacation Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Engineering\Location Maps\David Ave\David_Ave_Easment_Vac(3).mxd ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Proposed 10' and 15' Drainage and Utility Easement VacationParcel Number: 17-29-16-00000-130-0900 Page: 1 of 110/20/2020Date:291BGrid #:WDMap Gen By:RBReviewed By:17-29s-16eS-T-R: 10' N.T.S.Scale: 15' Proposed Drainage and Utility Easement Vacation 1046'1000' Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-8812 Agenda Date: 2/16/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 5.2 SUBJECT/RECOMMENDATION: Declare as surplus, certain city owned real property located at 701 Missouri Avenue N. for the purpose of entering a Business Lease Contract with Lutheran Services Florida, Inc. (LSF) for lease of the site for the Head Start Program. (APH) SUMMARY: The City has leased the city-owned property at 701 N Missouri Avenue for the Head Start program since the 1971 and, more specifically, to Lutheran Services Florida, for over 7 years. During its due diligence in considering the requested lease, city staff was unable to locate historical documentation of a declaration of surplus for the property. It is suspected, based on the history of the leases, a rezoning was done in conjunction with a referendum which approved the existing use in 1998, that a declaration of surplus was likely accomplished despite not locating record of a surplus. This declaration is intended to clear the record as to the existing use. Head Start is a community service program aimed at providing preschool-aged children with structured recreation and educational opportunities. The Head Start program is funded by federal grant dollars and is being operated by LSF, a non-profit agency, at the 701 N Missouri site, under the direction of the US Department of Health and Human Services. The Head Start facility at 701 N. Missouri is being operated entirely on city owned property. The 0.98-acre site contains a playground and portable modular units for use as a pre-school nursery. The existing modular units are beyond their useful life, so LSF is proposing removing two or three of the modular units and replacing them with new ones. The City holds no interest in the existing modular units or in the proposed new units. LSF’s current lease expires on 12/31/2023 with an option to extend another 5-year term through 12/31/2028. LSF has requested a new lease term through the year 2036 for the 701 N Missouri site. This new lease term will allow LSF to meet their minimum 15-year lease requirement to secure federal funding for the purchase of the new modular units. There will be a federal interest in these new modular units through the Department of Health and Human Services/Administration for Children and Families/Office of Head Start. The proposed lease has terms and conditions similar to the previous lease. The lease has a rental rate of $1.00 a year for the lease term. Staff supports the declaration of surplus and related lease to LSF. Page 1 City of Clearwater Printed on 2/15/2021 605 700 608 706 710 806 604 706 802 11651172117811661160SEMINOLE ST N JEFFERSON AVE N MISSOURI 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 Declare Surplus701 N Missouri Ave.Multiple Parcels Numbers Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Documents\GIS\Engineering\Location Maps\701 N Missouri Ave Lease.mxd Parcel Size:+/- 0.95 ac. Page 1 of 1Aerial Flown 2019 Date:1/27/202110-29s-15eS-T-R:WDMap Gen By: ² N.T.S.Scale: 278AGrid #:RBReviewed By: 701 701 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-8813 Agenda Date: 2/16/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 5.3 SUBJECT/RECOMMENDATION: Approve a professional services agreement and work order with Ardurra Group Inc., of Tampa, Florida, for Northeast Water Reclamation Facility (NE WRF) Improvements project (19-0029-UT) per RFQ 08-21, in the amount of $2,234,715; ratify and confirm task 1.4 in Exhibit A of the Work Order, in the amount of $22,146, for a total of $2,256,861; and authorize the appropriate officials to execute same. (consent) SUMMARY: The NE WRF Improvements Project (19-0029-UT) is a combination of two projects: NE WRF Blend Tank Improvements (14-0036-UT) and NE WRF Grit Removal, Moving Belt Filters, and Equalization System Improvements (15-0045-UT). The purpose of the project is to increase the flexibility, reliability, and efficiency of the influent grit removal, primary sludge removal, biological treatment, sludge digestion and solids dewatering processes. The NE WRF Blend Tank Improvements project (14-0036-UT) includes upgrading the truck off-loading sludge pump station, sludge storage and blending tanks, sludge transfer pumps, dewatering feed pumps, and accompanying mechanical, electrical, instrumentation, and controls components. The NE WRF Grit Removal, Moving Belt Filters, and Equalization System Improvements project (15-0045-UT) includes retrofitting the existing picket thickeners with grit removal equipment, replacing the existing primary clarifiers with moving-belt filters, demolishing the decommissioned irrigation tank and replacing with a flow equalization tank, and accompanying mechanical, electrical, instrumentation, and controls components. October 26, 2020, Request for Qualifications (RFQ 08-21) was issued seeking an engineering firm to provide construction administration, engineering, oversight, and closeout services associated with the NE WRF project (19-0029-UT). Ardurra and Jones Edmonds are the design firms for the two projects with design work orders totaling $792,391. The project is currently advertised for construction and we anticipate presenting the construction contract, most likely around $19M, to council in mid-April. December 1, 2020, the RFQ selection committee, consisting of representatives from the Public Utilities and Engineering departments, met after independent review to discuss their ranking of the firms that submitted qualifications. The selection committee selected Ardurra Group, Inc. to perform the work. This new agreement and work order cover the construction administration and field inspection for the two combined projects. The $22,146 ratify and confirm amount was inadvertently approved under a miscellaneous services work order for the Engineer to assist during the bid phase. This use of miscellaneous services work orders has since been corrected. Construction duration is 540 calendar days after issuance of Notice to Proceed. The City of Clearwater’s Public Utilities Department is responsible for owning, operating, and maintaining the NE WRF. APPROPRIATION CODE AND AMOUNT: Page 1 City of Clearwater Printed on 2/15/2021 File Number: ID#21-8813 3217321-561300-96215 $2,256,861 Funds are available in Capital Improvement Project 96215, Northeast Plant Upgrades/Improvements, to fund the professional services agreement and work order. Page 2 City of Clearwater Printed on 2/15/2021 1 MASTER AGREEMENT BETWEEN CITY OF CLEARWATER AND ARDURRA GROUP, INC. RFQ #08-21 CONSTRUCTION SERVICES – NORTHEAST WATER RECLAMATION FACILITY IMPROVEMENTS This AGREEMENT is made and entered into on the _____ day of __________ 2021 by and between the City of Clearwater, Florida (CITY) and Ardurra Group, Inc. (CONSULTANT). WITNESSETH: WHEREAS, the City of Clearwater’s Northeast Water Reclamation Facility (NE WRF) Improvements project consists of improvements to the NE WRF within the CITY; and WHEREAS, the CITY desires to engage the CONSULTANT to perform certain professional services pertinent to such work in accordance with this Agreement; and WHEREAS, the CONSULTANT desires to provide such professional services in accordance with this Agreement; and WHEREAS, in accordance with the competitive selection process described in Section 287.055 of the Florida Statutes, the CITY selected the CONSULTANT based on Request For Qualifications (“RFQ”) #08-21 and responses by the CONSULTANT to RFQ #08-21. NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the Parties agree that the above terms, recitals, and representations are true and accurate and are incorporated herein by reference, and the Parties further agree as follows: 1.0 GENERAL SCOPE OF THIS AGREEMENT AND STANDARD OF CARE The relationship of the CONSULTANT to the CITY will be that of a professional consultant, and the CONSULTANT will provide the professional and technical services required under this Agreement in accordance with acceptable engineering practices, by exercising the skill, care, and ability ordinarily required of engineers performing the same or similar services, under the same or similar circumstances, in the State of Florida, and consistent with State of Florida professional ethical standards. 2.0 PROFESSIONAL TECHNICAL SERVICES 2.1 It shall be the responsibility of the CONSULTANT to work with and for the CITY to perform an array of services for the City as set forth in RFQ #xx-21, Scope of Services. The CONSULTANT’S services will include construction administration, engineering, observation, and closeout services for construction of the NE WRF Improvements Project (19-0029-UT). 2.2 The CONSULTANT’S services under this Agreement will be provided under a project specific Work Order(s). Each Work Order will include the services for a single project, 2 phase, task or assignment, and will contain a mutually agreed-upon detailed scope of services, project goals, fee and schedule of performance in accordance with applicable fiscal and budgetary constraints. Work Orders will be incorporated by reference and attached hereto this Agreement. Total compensation for all services shall not exceed $2,256,861 (two million two hundred fifty-six thousand eight hundred sixty-one) unless specifically authorized by the City Council. See Work Order attached hereto as Exhibit A. 2.3 The CONSULTANT shall maintain an adequate and competent staff of professionally qualified personnel available to the CITY for the purpose of rendering the required engineering and/or consultant services hereunder and shall diligently execute the work to meet the completion time established in the Work Orders. The CONSULTANT shall notify the CITY by U.S. Mail addressed to the City Engineer of any changes in company contact information, including but not limited to contact phone, address, project manager, email addresses, etc. 2.4 The CITY reserves the right to enter into contracts with other engineering and/or architect firms for similar services. The CONSULTANT will, when directed to do so by the CITY, coordinate and work with other engineering and/or architectural firms retained by the CITY. 2.5 The CITY reserves the right to remove any and all projects, phases, tasks, or assignments related to this Agreement. The CITY further reserves the right to enter into contracts with other engineering firms for services related to such projects, phases, tasks, or assignments. The CONSULTANT will, when directed to do so by the CITY, coordinate and work with other firms retained by the CITY. 3.0 PERIOD OF SERVICES 3.1 The CONSULTANT shall begin work promptly after receipt of a fully executed Work Order. Receipt of a fully executed Work Order shall constitute written notice to proceed. 3.2 If the CONSULTANT’S services are delayed for reasons beyond the CONSULTANT’S control, the time of performance shall be adjusted as appropriate. 3.3 It is the intent of the parties hereto that this Agreement continue in force for a period not to exceed to six (6) years, subject to the provisions for termination contained herein. Assignments that are in progress at the Termination Date shall be completed by the CONSULTANT unless specifically terminated by the CITY. Should the CONSULTANT be in the progress of completing work under this Agreement at the Termination Date, this Agreement shall continue with all terms, conditions and obligations being in full force and effect until such time as the work is completed. All provisions expressly intended to survive termination shall do so. 3 4.0 PROFESSIONAL SERVICES/CONSULTANT’S COMPETITIVE NEGOTIATION ACT (CCNA) Professional Services provided under this Agreement are within the scope of the practice of architecture, landscape architecture, professional engineering, or registered land surveying and mapping, as defined by the laws of the State of Florida. Provisions of F.S. 287.055 apply. 5.0 GENERAL CONSIDERATIONS 5.1 All Documents, including field books, drawings, specifications, calculations, geotechnical investigation reports, etc., used in the preparation of the work shall be supplied by the CONSULTANT and shall become the property of the CITY. The CITY acknowledges that such documents are not intended or represented to be suitable for use by the CITY or others for purposes other than those for which the documents are prepared. Any reuse of these documents without written verification or adaptation by the CONSULTANT for the specific purpose intended will be at the CITY’s sole risk without liability or legal exposure to the CONSULTANT. The CITY shall indemnify and hold harmless CONSULTANT and its officers, directors, members, partners, agents, employees, and consultants from all claims, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from any use, reuse, or modification of the Documents without written verification, completion, or adaption by CONSULTANT. This indemnity shall not be construed as a waiver of the CITY’S sovereign immunity or the limitation of liability pursuant to Florida Statutes, 768.28. 5.2 The CONSULTANT shall prepare preliminary construction cost estimates with each design submittal to verify the proposed design is within the City project budgets. The CONSULTANT shall prepare a final estimate of probable construction costs, following CITY approval of the bid documents and other pre-bid activities. The CITY hereby acknowledges that estimates of probable construction costs cannot be guaranteed, and such estimates are not to be construed as a promise that designed facilities will not exceed a cost limitation. 5.3 The CONSULTANT will provide expert witnesses, if required, to testify in connection with any suit at law. A supplemental agreement will be negotiated between the CITY and the CONSULTANT describing the services desired and providing a basis for compensation to the CONSULTANT. 5.4 Upon the CONSULTANT’S written request, the CITY will furnish or cause to be furnished such reports, studies, instruments, documents, and other information as the CONSULTANT and CITY mutually deem necessary. 5.5 The CITY and the CONSULTANT each bind themselves and their successors, legal representatives, and assigns to the other party to this Agreement and to the partners, successors, legal representatives and assigns of each other party, in respect to all covenants of this Agreement; and, neither the CITY nor the CONSULTANT will assign or transfer 4 its interest in this Agreement without written consent of the other. 5.6 (a) To the fullest extent permitted by law, the CONSULTANT agrees to indemnify and hold harmless the CITY, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the CONSULTANT and other persons employed or utilized by the CONSULTANT in the performance of this CONSULTANT under this AGREEMENT. Notwithstanding any provision herein to the contrary, this paragraph shall not be construed as a waiver of any immunity to which CITY is entitled or the extent of any limitation of liability pursuant to § 768.28, Florida Statutes. Furthermore, this provision is not intended to nor shall it be interpreted as limiting or in any way affecting any defense CITY may have under § 768.28, Florida Statutes or as consent to be sued by third parties. The obligations under this paragraph shall expressly survive termination or expiration of this Agreement. (b) PURSUANT TO SECTION 558.0035 FLORIDA STATUTES, THE INDIVIDUAL PROFESSIONAL EMPLOYEES AND AGENTS OF CONSULTANT MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE. 5.7 The CONSULTANT agrees not to engage the services of any person or persons in the employ of the CITY to an allied capacity, on either a full or part-time basis, on the date of the signing of this Agreement, or during its term. 5.8 (a) CONSULTANT may employ subconsultants as CONSULTANT deems necessary to assist in the performance or furnishing of the services, subject to reasonable, timely, and substantive objections by CITY. (b) Key personnel assigned to CITY projects by the CONSULTANT shall not be removed from the projects until alternate personnel acceptable to the CITY are approved in writing by the CITY, which approval shall not be reasonably denied. Key personnel are identified as: Project Manager and technical experts. 5.9 The CONSULTANT shall attach a brief status report on the projects with each request for payment. 5.10 Unless otherwise required by law or judicial order, the CONSULTANT agrees that it shall make no statements, press releases or other public communication concerning this Agreement or its subject matter or otherwise disclose or permit to be disclosed any of the data, technical processes, business affairs or other information obtained or furnished in the conduct of work under this Agreement without first notifying the CITY and securing its consent in writing. The CONSULTANT also agrees that it shall not publish copyright or patent any of the site-specific data or reports furnished for or resulting from work under this Agreement. This does not include materials previously or concurrently developed by the CONSULTANT for “In House” use. Only data and reports generated by the CONSULTANT under this Agreement shall be the property of the CITY. 5.11 Public Records. The CONSULTANT will be required to comply with Section 119.0701, Florida Statutes, as may be amended from time to time, specifically to: 5 IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT’S 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 Street, Suite 600, Clearwater, FL 33755. CONSULTANT shall comply with the following: a) Keep and maintain public records required by the City of Clearwater (hereinafter “public agency”) to perform the service being provided by the CONSULTANT 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. CONSULTANT is entitled to payment of fees as provided for under law for the production of such records. 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 CONSULTANT 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 CONSULTANT or keep and maintain public records required by the public agency to perform the service. If the CONSULTANT transfers all public records to the public agency upon completion of the contract, the CONSULTANT shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONSULTANT keeps and maintains public records upon completion of the contract, the CONSULTANT 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 CONSULTANT of the request and the CONSULTANT must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. 6 f) The CONSULTANT hereby acknowledges and agrees that if the CONSULTANT 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 CONSULTANT 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 CONSULTANT to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the CONSULTANT the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the CONSULTANT unlawfully refused to comply with the public records request within a reasonable time; and 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 CONSULTANT has not complied with the request, to the public agency and to the CONSULTANT. i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the CONSULTANT at the CONSULTANT’s address listed on its contract with the public agency or to the CONSULTANT’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 CONSULTANT 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. 6.0 COMPENSATION 6.1 The CONSULTANT shall be compensated for services rendered under this Agreement in accordance with the provisions of each Work Order, upon presentation of CONSULTANT’S invoice and as provided in this Agreement. An hourly rate schedule is attached hereto as Exhibit B. 6.2 Compensation for services shall be invoiced by the CONSULTANT and paid by the CITY in accordance with the Florida Local Government Prompt Payment Act, § 218.70, Florida Statutes. 6.3 The CONSULTANT agrees to allow full and open inspection of payroll records and expenditures in connection with hourly rate and cost-plus fixed fee work assignments upon request of the CITY. 7 7.0 PROHIBITION AGAINST CONTINGENT FEES The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working for the CONSULTANT any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. 8.0 TERMINATION FOR CAUSE This Agreement may be terminated by either party with seven (7) days prior written notice, in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If this Agreement is terminated, the CONSULTANT shall be paid in accordance with the provisions of outstanding Work Orders for all work performed up to the date of termination. 9.0 SUSPENSION, CANCELLATION, OR ABANDONMENT If the project described in any Work Order is suspended, canceled, or abandoned by the CITY, without affecting any other Work Order or this Agreement, the CONSULTANT shall be given five (5) days prior written notice of such action and shall be compensated for professional services provided up to the date of suspension, cancellation, or abandonment. 10.0 GOVERNING LAW, CLAIMS AND DISPUTES, AND LIMITS OF LIABILITY (a) This Agreement shall be administered and interpreted under the laws of the State of Florida. The exclusive venue for any proceeding or suit in law or equity arising from or incident to this Agreement will be in Pinellas County Florida. (b) Neither CITY nor CONSULTANT shall be liable to the other for any special, incidental, indirect or consequential damages whatsoever arising out of or relating in any way to this Agreement. 11.0 TERMINATION FOR CONVENIENCE Either the CITY or the CONSULTANT may terminate the Agreement at any time by giving written notice to the other of such termination and specifying the effective date of such termination at least thirty (30) days before said termination date. If the Agreement is terminated by the CITY as provided herein, the CONSULTANT will be paid for services rendered through the date of termination. 12.0 PUBLIC ENTITY CRIMES Pursuant to Florida Statute § 287.132-133, the City of Clearwater, as a public entity, may not accept any proposal from, award any contract to, or transact any business in excess of the threshold amount provided in § 287.017, F.S., for Category Two (currently $35,000) with any person or affiliate on the convicted vendor list for a period of 36 months from the 8 date that person or affiliate was placed on the convicted vendor list unless that person of affiliate has been removed from the list pursuant to § 287.133 (3)(f), F.S. By submitting a proposal, CONSULTANT is certifying that Florida Statute 287.132 and 287.133 does not restrict submission. 13.0 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS The CONSULTANT will be required to comply with Section 287.135, Florida Statues, specifically by executing the forms provided (attached). 14.0 RFQ #08-21, TERMS AND CONDITIONS All terms and conditions as set forth in RFQ #08-21, Standard Terms of Conditions are incorporated by reference and hereto attached as Exhibit C. 15.0 ORDER OF PRECEDENCE Any inconsistency in documents relating to this Agreement shall be resolved by giving precedence in the following order: (i) this Agreement and subsequent Amendments; (ii) RFQ #08-21, Terms and Conditions; and (iii) Work Orders. 16.0 INSURANCE REQUIREMENTS Insurance Requirements are set forth in Exhibit D which is incorporated by reference and attached hereto. 17.0 TERMINATION FOR LACK OF FUNDING The CITY’S performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Clearwater City Council. In the event the Clearwater City Council does not appropriate funds for CITY to perform its obligations hereunder, CITY may terminate this Agreement upon thirty (30) days written notice to CONSULTANT. CONSULTANT will be paid for all work performed to the date of termination. 18.0 E-VERIFY CONSULTANT and its Subcontractors shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees. CONSULTANT will not enter into a contract with any Subcontractor unless each party to the contract registers with and uses the E-Verify system. Subcontractor must provide CONSULTANT with an affidavit stating that Subcontractor does not employ, contract with, or subcontract with an unauthorized alien. CONSULTANT shall maintain a copy of such affidavit. The CITY may terminate this Agreement on the good faith belief that CONSULTANT or its Subcontractors knowingly violated Florida Statutes 448.09(1) or 448.095(2)(c). If this Agreement is terminated pursuant to Florida Statute 448.095(2)(c), CONSULTANT may not be awarded a public contract for at least 1 year after the date of which this Agreement was terminated. CONSULTANT is liable for any additional costs incurred by the CITY as a result of the termination of this Agreement. 9 See Section 448.095, Florida Statutes (2020). [Remainder of Page Intentionally Left Blank] WORK ORDER INITIATION FORM 1 of 17 Revised: 12/20/2019 Ardurra Group, Inc. EXHIBIT A – WORK ORDER for the CITY OF CLEARWATER Date: January 11, 2021 Consultant Project Number: 2110-210-002 City Project Number: 19-0029-UT Plan Set Number: 2016002 1. PROJECT TITLE: Northeast WRF Improvements Project – Construction Engineering Services 2. SCOPE OF SERVICES: Under this Work Order, the City authorizes Ardurra Group, Inc. (Consultant 1) to provide construction administration and engineering, and field representative services for the Northeast WRF Improvements Project (19-0029-UT), which is comprised of two sub-projects, 15-0045-UT - NE WRF Grit Removal, Moving Belt Filters, and Equalization System Improvements, and 14-0036- UT - NE WRF Blend Tank Improvements. This work also includes acting as Construction Administrator for coordination with the engineering consultant (Consultant 2, Jones Edmunds Associates, Inc.) responsible for the design of the Blend Tank Improvements (Sludge Improvements Consultant), which will be constructed under the same construction contract. Consultant 2 will be responsible for performing construction management services (CMS) for the Blend Tank Improvements portion of the project under a subcontract with Consultant 1. Subproject 15-0045-UT includes modifications to the Grit System, installation of Moving Belt Filters for primary treatment and a new Flow Equalization Basin process. Subproject 14-0036-UT includes modifications to the sludge blend tanks, associated piping/valves, and dewatering controls to allow flow equalization of the pre- and post-digested sludge. WORK ORDER INITIATION FORM 2 of 17 Revised: 12/20/2019 The scope of work and fees included herein are based on an 18-month, 78-week construction duration. TASK 1 - GENERAL SERVICES Consultant will provide general construction phase services including the following: 1.1 Coordination with City a. Consultant will provide coordination with the City's designated Project Manager including, but not limited to: • Consultant will keep City informed of progress of the construction work; • Consultant will, in a timely manner, provide the City with copies of Contractor’s correspondences relating to requests for clarification of the Contract Documents, requests for additional information, or change order requests. 1.2 Coordination with Consultant 2 a. Consultant will coordinate with and serve as the liaison between Consultant 2 and the construction contractor. This task will include logging, distribution and coordination of the following: • Initial baseline schedule • Shop drawings • RFIs • Work Change Directives, including requests for proposals and contractor change requests • Field orders • Pay applications and schedule update reviews • Stored materials • Change Orders • Meetings, including minutes • Certification of Completion • Warranties, Guarantees, Certificates and O&M Manuals • Start-up and materials testing b. Consultant has budgeted the following time for coordination with Consultant 2 over an 18-month (78 weeks) construction duration. Staff Hours per Week Total Hours Project Manager 2 156 Construction Manager 4 312 Project Coordinator 4 312 1.3 Project Management WORK ORDER INITIATION FORM 3 of 17 Revised: 12/20/2019 a. Provide project management for services and activities authorized under this Work Order. Project management activities include, among others: • Organization of the Consultant's staff and subconsultants, with assignments of responsibilities and timetables of performance; • Preparation and administration of subcontracts with the Consultant's subconsultants; • Coordination of the activities of the Consultant's staff and the subconsultants’ staff with the City's staff and other agencies; • Miscellaneous phone calls and emails with the project team; • Miscellaneous phone calls and emails with the Contractor’s staff required to respond to minor questions not requiring formal RFIs; • Provide QA/QC review of work products, main internal records of the QA/QC process and include evidence of internal QA/QC performed on each submittal provided to the City • Administration of the communications among the project team members and with the City's staff; • Prepare monthly written status report with the invoice generally documenting progress, budget and schedule issues. • Prepare a Health and Safety Plan and submit to the City Project Manager prior to mobilizing to the project site. 1.4 Prequalification Services (Ratify and Confirm) After the initial work orders were approved, the City made the decision it was in its best interest to perform a specific pre-qualification for this particular project due to its scale and complexity. During that process, the City mistakenly authorized additional work that should have been brought to City Council for approval. 1.5 Additional Bid Phase Services This task includes providing continued support during the bidding process including coordinating with subconsultants, combining bid packages and specifications, reviewing and responding to additional Requests for Additional Information, reviewing bid packages, issuing addendum, reviewing bids, supporting award recommendation, reviewing the Contractor proposals and issuing a written recommendation of award. WORK ORDER INITIATION FORM 4 of 17 Revised: 12/20/2019 TASK 2 - CONSTRUCTION ENGINEERING SERVICES 2.1 Distribution of Documents a. Develop and furnish five (5) signed/sealed paper copies (22” x 34”) and electronic copies of the conformed Contract Documents for distribution as follows: • Three (3) copies to the City • Two (2) copies to the Contractor • One (1) electronic copy to the City and Contractor b. Furnish copies of Contract Documents to permitting agencies as required. 2.2 Construction Project Meetings Consultant will conduct construction project meetings as follows: a. Consultant will participate and conduct the pre-construction conference and prepare the conference agenda. Consultant will prepare minutes of the pre-construction conference and transmit to attending parties. b. Consultant will provide consultation and advice to the City during the construction process and conduct bi-weekly progress/status meetings with the City and Contractor. Consultant will prepare the agenda and minutes of each meeting and transmit to attending parties. 2.3 Construction Schedule Review a. Review and recommend approval of Contractor’s preliminary and proposed construction project schedules. b. Monitor and report monthly on the Contractor's progress in accordance with the approved construction schedule. c. Consultant will review, provide comments on, and approve once acceptable, the Contractor's proposed monthly schedule of values, progress schedules, schedule of payments and schedule of submittals. 2.4 Disapprove/Reject Work a. Consultant will disapprove or reject work at any time during the performance of the work which, in the Consultant's opinion, is defective and/or not in compliance with the Contract Documents; and require special inspection or testing of the work, whether or not the work is fabricated, installed, or completed. Consultant's authority to act is solely to evaluate the work for compliance with the Contract Documents, construction permits, and approved engineering plans and technical specifications, and does not impart or assign any duty or authority to supervise and direct the furnishing or performance of the work or to be responsible for the Contractor's ways, WORK ORDER INITIATION FORM 5 of 17 Revised: 12/20/2019 means, methods, techniques, sequences or procedures for construction or the safety precautions and programs incident thereto. 2.5 Submittal Review a. Consultant will review Contractor's submittals, including up to two hundred fifty (250) shop drawings, within 21 days of receipt for compliance with the Contract Documents and for conformance with the design concept of the project and distribute same to the City and Contractor. b. The budget assumes half (125) of the Shop Drawings will require resubmittal for a 2nd review. The Contract documents require that the Contractor pay for submittal reviews beyond the 2nd review. c. Consultant will not approve alternative “equals” without Owner approval. 2.6 Conduct Periodic Site Visits a. Consultant personnel (other than the Resident Project Representatives provided in task 3) will visit the 15-0045 construction site twice per month (total of 36 site visits) and the 14-0036-UT construction site a total of 30 visits corresponding to the anticipated on-site construction operations to observe the work in-progress, quality, suitability and conformance with the requirements of the Contract Documents. Consultant will make visits to the site to observe the progress and quality of the work and to determine if the work is proceeding in accordance with the Contract Documents. 2.7 Prepare Work Change Directives Consultant will prepare, process and track the status of up to twenty-five (25) requests made by the City for changes in the work to be performed by the Contractor and for changes to the work as requested by the Contractor and approved by the City. Services do not include additional design or permitting services by the Consultant other than such services required to clarify or address work included in the Contract Documents. a. Consult with the City regarding modifications to the Contract Documents requested by the City or the Contractor. Prepare and deliver Requests for Proposals to the Contractor. Review Contractor Change Requests and proposals and provide recommendations to the City. Prepare Work Change Directives for payment to the Contractor under the construction Contingency budget. 2.8 Requests for Information (RFI) a. Consultant will develop a standard RFI form for use by the Contractor and respond to up to seventy (70) RFI’s by the Contractor regarding interpretation of the Contract Documents and conditions experienced in the field. RFIs will be numbered WORK ORDER INITIATION FORM 6 of 17 Revised: 12/20/2019 sequentially and logged for tracking purposes. Consultant will respond in writing, within a reasonable time, to requests by the City or the contractor related to the performance of the work and requests for clarification of the Contract Documents. b. Prepare sketches if required to resolve differing conditions encountered. Consultant will transmit to the Contractor written clarification and interpretations of the plans and specifications not affecting time and/or contract price. If required, Consultant will furnish within a reasonable time, in writing, additional instructions by means of drawings, or otherwise, if requested by the Contractor and/or determined by the Consultant to be required for the proper execution of the work. c. Evaluate actual field conditions as reported by the Contractor. Consultant will evaluate to establish whether a change in the work is required to accommodate existing conditions. Consultant will make recommendations to the City in writing as to the conclusion of the evaluation. 2.9 Review Contractor Pay Application a. Consultant will provide review of up to eighteen (18) Contractor applications for payment and provide written notice to the City recommending payment to the Contractor or return the pay application to the Contractor providing written notice of the Consultant's reason for refusing to recommend payment. Consultant will review applications for payment with the Contractor for compliance with the established procedure for their submission and forward them with written recommendations to the City. 2.10 Review Materials Test Reports Consultant will review and log construction materials testing performed by the Contractor, including geotechnical testing, soil Proctor and compaction/density tests, and other materials test reports. 2.11 Permits and Insurance Monitoring a. Consultant will monitor expiration dates of insurance policies provided by the Contractor for the project and notify the City, in writing, of required renewal thirty (30) days prior to the expiration date provided to Consultant by the Contractor. b. Consultant will monitor regulatory permit dates and the Contractor's compliance with the conditions of the permits and notify the City and the Contractor, in writing, of Consultant’s observed violation of the conditions, and notify the City of expiration 30 days prior to expiration. 2.12 Resident Project Representative (RPR) Reports WORK ORDER INITIATION FORM 7 of 17 Revised: 12/20/2019 Consultant will review, log, file and disseminate (as appropriate) RPR daily reports and photos. Electronic pdf copies of the RPR’s daily reports and photos will be provided weekly via SharePoint or Dropbox. 2.13 Document Control and Project Catalog Document control including maintaining files of correspondence, as-builts, record drawings, maps, manuals, assumptions, data requests, references, meeting agendas, meeting sign-in sheets and minutes, Contract Documents, Change Orders, Field Orders, RFIs, Work Change Directives, Addenda, additional Drawings issued subsequent to the execution of the Contract, progress reports, Shop Drawing and Sample submittals, progress submittals, regulatory correspondence, Project-related documents such as O&M manuals and warranty information, as available, and any other material provided by the City as a response to a request for information by the Consultant. At the conclusion of the project, Consultant will combine this information into a project catalog and submit to the City for review and comment. Consultant will incorporate the City’s review comments, one time. The project catalog will be submitted electronically on USB flash drive or similar. 2.14 Equipment Warranties, Guarantees, Certificates, Operations and Maintenance Manuals During the course of the work, Consultant will review and confirm that equipment warranties, guarantees, certificates, equipment manufacturers’ operation and maintenance manuals and other data required to be assembled and furnished by the Contractor are as specified in the Contract Documents and applicable to the items actually installed and deliver these data to the City for its review along with a summary spreadsheet. 2.15 Startup and Testing a. Consultant will review the Contractor’s startup/testing plan for the components of the constructed facilities. b. Consultant will provide assistance at five (5) startup/testing events for the project. It is expected that separate startup/testing events will be required as follows: • Temporary bypass pumping and screening grit treatment systems • Moving Belt filters • Equalization Basin • Sludge Storage Facilities • Remainder of Plant, including grit system improvements c. Services will be provided to assist in the start-up and initial operation of these systems including operating levels and pressures, alarms, pump speeds, hydraulics and other operational control systems. WORK ORDER INITIATION FORM 8 of 17 Revised: 12/20/2019 2.16 Substantial and Final Completion a. Consultant will conduct up to five (5) substantial completion walkthroughs and will submit to the Contractor a list of observed items requiring correction (substantial punch list) and provide a copy of said list to the City for each of the following: • Equalization Basin • Sludge Storage Facilities • Moving Belt Filters • Grit Facilities • Remainder of Plant, including grit system improvements b. Consultant will make a written recommendation to the City that the Contractor has achieved Substantial Completion for the purpose of establishing the starting date for specific material and equipment warranties, and to establish the date that the City will assume the responsibility and the cost of operating such materials and equipment. c. Consultant will perform a final completion walkthrough to confirm that all items on the aforesaid punch list have been corrected and make written recommendations to the City concerning acceptance of the work. 2.17 Record Drawings a. Consultant will prepare Record Drawings and other documents showing the dimensions, locations, elevations, etc., of facilities constructed as part of the 19-0029- UT project based on the "as-built" drawings, surveys and data provided by the Contractor. Consultant will deliver to the City three (3) signed/sealed sets of the record drawings, and pdf and AutoCAD files. b. Consultant will include in the record drawings an updated SCADA network diagram. 2.18 Certification of Completion and O&M Manual Update a. Consultant will prepare required certificates of completion for submittal to appropriate regulatory agencies (SWFWMD and FDEP) having jurisdiction over the work constructed. Consultant will issue up to five (5) written notices of substantial completion for the purpose of establishing the starting date for specific equipment warranties, and to establish the date that the City will assume the responsibility and the cost of operating such equipment. b. Consultant will prepare modifications to each of the three (3) existing Operations and Maintenance (O&M) Manuals to address the modifications made to the WRF as part of this project. The O&M Manuals will be modified to meet the minimum requirements in accordance with 62-600.720, F.A.C. It is anticipated that the O&M Manuals will include updates to the following sections: WORK ORDER INITIATION FORM 9 of 17 Revised: 12/20/2019 1988 PPO • Cover Sheet and Table of Contents • Chapter 1: 1 figure • Chapter 2: 1 page of text • Chapter 3: 70 pages of text/tables, 25 figures • Add new chapter for Flow Equalization: 50 pages of text/tables, 25 figures • Chapter 4: Section 4.2 - 1 page of text, 2 figures • Chapter 4: Section 4.5 Sludge Blending System: 5 pages 4of text, 5 figures • Chapter 4: Section 4.9 Sludge Transfer Station: 5 Pages, 3 figures • Chapter 5: 1 figure • Chapter 6: Add Sludge Mixing Maintenance (Section 6.7.8b) • Chapter 7: 1 figure • Chapter 7: Add Sludge Mixing Site Specific Hazards (Section 7.10.9b) • Chapter 9: 20 pages of text/tables, 12 figures • Appendix A: 2 pages of text • Appendix C: Add new Permit 2003 Update to the PPO • Cover Sheet and Table of Contents • Section 1: 1 page of text, 2 figures • Section 3: 11 figures • Section 4: 2 pages of text, 1 figure • Section 5: 1 figure • Section 6: 2 pages of text • Section 7: 1 figure • Section 9: 6 figures • Appendix A: 2 pages of text 2010 Jones Edmunds Anaerobic Digester Training Manual. • Cover Sheet • Section 6: 5 pages of text, 1 figure c. Consultant will submit the certification FDEP Form 62-620.910 (13) - Notification of Availability of Record Drawings and Final Operation and Maintenance Manuals. 2.19 Asset Removal Costs At the beginning of construction, as soon as is reasonable, Consultant will provide a listing of all major equipment items (over $5,000) that are being removed as part of the project. For each item of equipment, Consultant will provide an estimate of the original cost of the item. Estimates of original equipment costs will be the material costs only as determined using standard costing methods where such information is readily available WORK ORDER INITIATION FORM 10 of 17 Revised: 12/20/2019 or by back-trending analysis using construction cost material indices such as by Engineering News Record. Cost for incidental or ancillary equipment, such as sealing water sets for pumps, piping and wiring, are not to be provided. Asset replacement costs will be determined based on the construction cost and will be the cost for the new equipment replacing the removed equipment. Replacement costs will be determined one (1) year after the construction Notice to Proceed and at the end of the project. 2.20 Public Outreach Assistance Consultant will assist the City with communicating activities by and between neighboring communities and the construction project. To this end, we will provide the following services during construction: a. Monitor the Contractor’s look-ahead schedule for activities that may impact neighboring communities, such as road closures or expected road delays, nighttime operations, power or water interruptions, etc. Advise City’s outreach coordinator of these activities and expected time frames. b. Monitor up to 3 social media websites selected by the City and likely being used by neighboring communities, such as NextDoor, Citizens, Neighbors or others, for concerns regarding construction activities such as noise, parking, etc. Report bi- weekly via email to the City negative discussions concerning construction operations. c. Prepare materials for and assist the City with conducting/attending presentations and/or distribution of information to neighboring communities including posters, power-point presentations and letters notifying them of significant construction events. TASK 3 - RESIDENT PROJECT REPRESENTATIVE SERVICES 3.1 Resident Project Representative (RPR) Consultant will provide one (1) RPR at the site full-time during construction for the term of the Construction Contract, based on a 78-week (18 month), 10 hours per day, 5 days per week on-site construction schedule. The Construction Contract requires that the Contractor compensate the Engineer for weekend work. The budget for the RPR level of effort is as follows: For Project 15-0045-UT: • 8 hours/day x 5 days/week x 78 weeks = 3,120 hours at Standard Rate • 2 hours/day x 5 days/week x 78 weeks = 780 hours at Overtime Rate For Project 14-0036-UT: • 8 hours/day x 2 days/week x 64 weeks = 1,024 hours at Standard Rate WORK ORDER INITIATION FORM 11 of 17 Revised: 12/20/2019 3.2 Asbestos/Lead Abatement Monitoring and Clearance Air Sampling a. Through a subconsultant, up to ten (10) working days of asbestos abatement monitoring will be performed in the work area during abatement activities and final clearance air sampling at the completion of the abatement work. Air samples will be analyzed by Phase Contrast Microscopy (PCM) by National Institute for Occupational Safety and Health (NIOSH) Method 7400. b. Through a subconsultant, lead abatement monitoring will be performed to document the Contractor activities during the abatement activities and will perform visual observations and final clearance, at the completion of the abatement work. Final clearance surface wipe sampling will be conducted according to methods described in Section 1910.1926.62 of OSHA CFR Title 29 and analyzed by Flame Atomic Absorption (AAS) by National Institute for Occupational Safety and Health (NIOSH) method SW-846-7000B. TASK 4 - OWNER'S ALLOWANCE Consultant will provide additional “out-of-scope” services on an “as-needed basis”, such as additional field observation services due to the Contractor working extended hours, at the request of the City, after development of a scope and fee and issuance of written authorization by the City Project Manager. TASK 5 – OTHER DIRECT COSTS Owner will reimburse Consultant for out-of-pocket expenses associated with the Project, including: • Reproduction • Courier 3. PROJECT GOALS: Project deliverables will include the following in PDF format via email, except as otherwise noted below: a. Conformed documents as delineated in Section 2.1. b. Health and safety plan c. Meeting minutes d. Field Observation Reports on a weekly basis e. Reports on neighborhood social media on a bi-weekly basis f. Responses to Contractor RFIs g. Shop Drawing Reviews h. One copy of each submitted certification package WORK ORDER INITIATION FORM 12 of 17 Revised: 12/20/2019 i. Three (3) 24”x36” signed/sealed final Record Drawings j. One (1) 11”x17” signed/sealed final Record Drawings k. Record Drawings in AutoCAD and PDF formats on CD/DVDROM l. One (1) Draft and One (1) Final Project Catalog on CD/DVDROM 4. BUDGET: This price includes all labor anticipated to be incurred by Consultant for the completion of these tasks in accordance with Professional Services Method “A” – Cost Times Multiplier Basis, for a fee not to exceed Two Million Two Hundred Fifty-Six Thousand Eight Hundred Sixty One Dollars ($2,256,861). 5. SCHEDULE: The work will be completed in accordance with the construction schedule. It is assumed that the duration of construction, from Notice to Proceed to Final Completion will not exceed 18 months (78 weeks). It is further assumed that only work associated with the distribution of conformed documents will occur between the Notice of Award and the Notice to Proceed, i.e., review of submittals will be performed after the Notice to Proceed. 6. STAFF ASSIGNMENT: Consultant: Principal: Christopher F. Kuzler, PE Project Manager: Thomas A. Traina, PE Engineers: David Weber, PE Tina Nixon, PE Tom Friedrich, PE David Yonge, PE Matt Davis, PE Orlando Serrano Brenda Sangster Gregg Fruecht Paul Carastro, PE John Sobczak, PE City’s Staff: Project Manager: Duy Nguyen, EI Public Utilities Site Representative (Chief Operator): Catherine Borden Public Utilities Liaison (Assistant Manager): Michael Flanigan Public Utilities Manager: Jason Jennings Engineering Manager, Utilities Jeremy Brown, PE Public Utilities Assistant Director: Richard Gardner, PE 7. CORRESPONDENCE/REPORTING PROCEDURES: Consultant’s project correspondence shall be directed to: • Thomas A. Traina, P.E. WORK ORDER INITIATION FORM 13 of 17 Revised: 12/20/2019 • Christopher F. Kuzler, P.E. All City project correspondence shall be directed to: • City Project Manager, with copies to Engineering Manager, Public Utilities Assistant Director, and others as may be appropriate. Consultant shall provide a minimum of forty-eight (48) hours’ notice prior to conducting fieldwork/site visits. Consultant shall provide a minimum of seven (7) days notification for site visits requiring the assistance of City Operations and Maintenance personnel. Consultant acknowledges that all City directives shall be provided by the City Project Manager. In addition to the original copies delivered as stated in the scope of work, all project deliverables will be submitted in electronic format on CD or other City approved device prior to approval of final invoice. 8. INVOICING/FUNDING PROCEDURES: For work performed, invoices shall be submitted monthly to the: City of Clearwater, Engineering Department Att. Veronica Josef, Senior Staff Assistant PO Box 4748 Clearwater, Florida 33758-4748. Contingency services will be billed as incurred only after written authorization provided by the City to proceed with those services. City Invoicing Code: 3217321-561300-96215 for $2,256,861 9. INVOICING PROCEDURES At a minimum, in addition to the invoice amount(s) the following information shall be provided on all invoices submitted on the Work Order: A. Purchase Order, Project and Invoice Numbers and Contract Amount. B. The time period (begin and end date) covered by the invoice. C. A short narrative summary of activities completed in the time period D. Contract billing method – Lump Sum or Cost Times Multiplier E. If Lump Sum, the percent completion, amount due, previous amount earned and total earned to date for all tasks (direct costs, if any, shall be included in lump sum amount). F. If Cost Times Multiplier, hours, hourly rates, names of individuals being billed, amount due, previous amount earned, total earned to date for each task and other direct costs (receipts will be required for any single item with a cost of $50 or greater or cumulative monthly expenses greater than $100). G. If the Work Order is funded by multiple funding codes, an itemization of tasks and invoice amounts by funding code. WORK ORDER INITIATION FORM 14 of 17 Revised: 12/20/2019 10. ADDITIONAL CONSIDERATIONS: Consultant acknowledges the following: A. All City directives shall be provided by the City Project Manager. B. “Alternate equals” shall not be approved until City Project Manager agrees. C. All submittals must be accompanied by evidence each has been internally QA/QC’d before providing to City. D. Consultants/contractors are not permitted to use City-owned equipment (i.e. sampling equipment, etc.). E. Documents posted on City website must ADA accessible. All work orders should include considerations for the following: F. Sea Level Rise and Flood Resilience, as applicable. G. Submittal of a Critical Path Method (CPM) Schedule(s). H. Submittal of a Project Catalog with the following items, as appropriate: a. Data requests, assumptions, critical correspondence, meeting agenda, sign-in sheets, meeting minutes, document comment-response log(s), technical memorandum/reports, addenda, progress reports, regulatory correspondence and other project-related documents. b. If construction project, also include design plans, conformed plans, change orders, field orders, RFIs, work change directives, addenda, progress reports, shop drawing and progress submittals, , as-builts, record drawings, and other project-related documents such as O&M manuals and warranty information. c. At the conclusion of the project, ENGINEER will combine this information into a Project Catalog and submit to the City for review and comment. I. Arc Flash labeling requirements: a. All electrical designs and construction shall adhere to NFPA 70 E “Standard for Electrical Safety in the Workplace”. b. Updated calculations of Fault and Arc Flash, and provisions for new or updated Arc Flash equipment labeling shall be included in the contract documents. 11. SPECIAL CONSIDERATIONS: The consultant named above is required to comply with Section 119.0701, Florida Statutes where applicable. The following assumptions are made in the preparation of this work order: 1. No permit fees are included. 2. No use of City owned equipment by Consultant is permitted. Attachment “A” WORK ORDER INITIATION FORM 15 of 17 Revised: 12/20/2019 CITY OF CLEARWATER ENGINEERING DEPARTMENT WORK ORDER INITIATION FORM CITY DELIVERABLES 1. FORMAT The design plans shall be compiled utilizing the following methods: 1. City of Clearwater CAD standards. 2. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. 2. DELIVERABLES The design plans shall be produced on bond material, 24" x 36" at a scale of 1" = 20’ unless approved otherwise. Upon completion the consultant shall deliver all drawing files in digital format with all project data in Autodesk Civil 3D file format. If not available Land Desktop files are still acceptable, however the City or Clearwater is currently phasing out Land Desktop. NOTE: If approved deviation from Clearwater CAD standards are used the Consultant shall include all necessary information to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard release of Autodesk, Inc. software. All block references and references contained within the drawing file shall be included. Please address any questions regarding format to Mr. Tom Mahony, at (727) 562 4762 or email address Tom.Mahony@myClearwater.com. All electronic files (including CAD and Specification files) must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. Attachment “B” WORK ORDER INITIATION FORM 16 of 17 Revised: 12/20/2019 Northeast WRF Improvements Project Construction Engineering Services Ardurra Group, Inc. WORK ORDER INITIATION FORM PROJECT BUDGET Task Description Subconsultant Services Labor Total 1.0 General Services 1.1 Coordination with City $4,000 $124,158 $128,158 1.2 Coordination with Consultant 2 $109,044 $109,044 1.3 Project Management $49,600 49,600 1.4 Prequalification Services $18,350 $3,796 $22,146 1.5 Additional Bid Phase Services $11,800 $11,919 $23,719 General Services Total: $332,667 2.0 Construction Engineering Services 2.1 Distribution of Documents $1,000 $12,960 $13,960 2.2 Construction Project Meetings $80,224 $80,224 2.3 Construction Schedule Reviews $9,605 $9,605 2.4 Disapprove/Reject Work $22,876 $22,876 2.5 Submittal Review $8,000 $209,835 $217,835 2.6 Conduct Periodic Site Visits $59,112 $59,112 2.7 Prepare Work Change Directives $55,525 $55,525 2.8 Requests for Information (RFI) $4,500 $53,340 $57,840 2.9 Review Contractor Pay Applications $20,850 $20,850 2.10 Review Materials Test Reports $12,732 $12,732 2.11 Permits and Insurance Monitoring $3,102 $3,102 2.12 Resident Project Representative (RPR) Reports $30,843 $30,843 2.13 Document Control and Project Catalog $13,524 $13,524 2.14 Equipment Warranties, Guarantees, Certificates, Operations and Maintenance Manuals $23,524 $23,524 2.15 Startup and Testing $47,736 $47,736 2.16 Substantial and Final Completion $6,000 $26,136 $32,136 2.17 Record Drawings $3,000 $16,739 $19,739 2.18 Certification of Completion and O&M Manual Update $27,640 $106,529 $134,169 2.19 Asset Removal Costs $12,090 $17,401 $29,491 Attachment “B” WORK ORDER INITIATION FORM 17 of 17 Revised: 12/20/2019 2.20 Public Outreach Assistance $22,426 $22,426 2.21 Consultant 2 CMS & Close-out $210,514 $210,514 Construction Engineering Services Total: $1,117,763 3.0 Resident Project Representative Services 3.1 Resident Project Representative (RPR) $122,880 $452,400 $575,280 3.2 Asbestos/Lead Abatement Monitoring and Clearance Air Sampling $11,750 $1,050 $12,800 Resident Project Representative Services Total: $588,080 4.0 Owner’s Allowance (10%) $203,851 Subtotal, Labor and Subcontractors $2,242,361 Permit Review Fees $0.00 5.0 Other Direct Costs (prints, photocopies, postage, etc.) (Not applicable to lump sum Work Orders) $14,500 Grand Total $2,256,861 EXHIBIT B RFQ #08-20 CONSTRUCTION SERVICES – NORTHEAST WATER RECLAMATION FACILITY IMPROVEMENTS Ardurra Group, Inc. Hourly Rate Schedule Job Classification Burdened Hourly Rate Senior Vice President/Principal $295 Vice President/Officer -in-Charge $282 Senior Project Manager/Group Manager $219 Project Manager/Associate Principal $188 Senior Engineer/Senior Scientist $153 Engineer/Scientist (IV)$134 Engineer/Scientist (III)$125 Engineer/Scientist (I-II)$118 Engineer Intern $98 Construction Engineer $134 Construction Administrator/Manager $143 Landscape Architect $103 Senior Inspector $123 Inspector $110 Inspector (Overtime)$140 Senior Designer $112 Drafter/CADD Operator $85 Operations Specialist $153 Field Technician $92 Fiscal/Accounting $100 Administrative/Clerical $71 Chief Engineer $248 Chief Inspector $141 Lead Designer $130 Project Coordinator $87 Survey Crew (3 Man)$175 Raw Labor Multiplier: 3.20 1 RFQ #08-21, Exhibit C STANDARD TERMS AND CONDITIONS 1 S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: “vendor, contractor, consultant, 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 RFQ #08-21, Exhibit C STANDARD TERMS AND CONDITIONS 2 the safety and health of all persons working on City contracts and projects. Contractor will require a drug-free workplace for all Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Agreement must be notified in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. 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, RFQ #08-21, Exhibit C STANDARD TERMS AND CONDITIONS 3 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 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. RFQ #08-21, Exhibit C STANDARD TERMS AND CONDITIONS 4 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 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 RFQ #08-21, Exhibit C STANDARD TERMS AND CONDITIONS 5 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 eight (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. 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 nondefaulting 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 RFQ #08-21, Exhibit C STANDARD TERMS AND CONDITIONS 6 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. 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 RFQ #08-21, Exhibit C STANDARD TERMS AND CONDITIONS 7 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, the CONSULTANT agrees to indemnify and hold harmless the CITY, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the CONSULTANT and other persons employed or utilized by the CONSULTANT in the performance of this CONSULTANT under this AGREEMENT. Notwithstanding any provision herein to the contrary, this paragraph shall not be construed as a waiver of any immunity to which CITY is entitled or the extent of any limitation of liability pursuant to § 768.28, Florida Statutes. Furthermore, this provision is not intended to nor shall it be interpreted as limiting or in any way affecting any defense CITY may have under § 768.28, Florida Statutes or as consent to be sued by third parties. The obligations under this paragraph shall expressly survive termination or expiration of this Agreement. (b) PURSUANT TO SECTION 558.0035 FLORIDA STATUTES, THE INDIVIDUAL PROFESSIONAL EMPLOYEES AND AGENTS OF CONSULTANT MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE. (c) 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. S.26 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.27 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.28 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.29 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. RFQ #08-21, Exhibit C STANDARD TERMS AND CONDITIONS 8 S.30 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.31 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. S.32 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.33 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.34 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.35 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.36 CONTRACT ADMINISTRATION. The agreement will be administered by the Purchasing Administrator and/or an authorized representative from the using department. All questions regarding the agreement will be referred to the administrator for resolution. Supplements may be written to the agreement for the addition or deletion of services. Payment will be negotiated and determined by the contract administrator(s). S.37 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 RFQ #08-21, Exhibit C STANDARD TERMS AND CONDITIONS 9 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.38 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.39 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 Purchasing Division. S.40 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.41 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.42 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.43 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.44 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.45 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. MASTER AGREEMENT BETWEEN CITY OF CLEARWATER AND ARDURRA GROUP, INC. RFQ #08-21 CONSTRUCTION SERVICES – NORTHEAST WATER RECLAMATION FACILITY IMPROVEMENTS EXHIBIT D INSURANCE REQUIREMENTS. The CONSULTANT 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 CONSULTANT’S deductible or self-insured retention and to require that it be reduced or eliminated. Specifically, the CONSULTANT 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. Specific work may require additional coverage on a case by case basis: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Unless waived by the State of Florida, 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 $100,000 (one hundred thousand dollars) each employee each accident, $100,000 (one hundred thousand dollars) each employee by disease and $500,000 (five hundred thousand dollars) aggregate by disease with benefits afforded under the laws of the State of Florida. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. d. If the CONSULTANT is using its own property, or the property of the City or other provider, in connection with the performance of its obligations under this Agreement, then CONSULTANT’S Equipment Insurance or Property Insurance on an “All Risks” basis with replacement cost coverage for property and equipment in the care, custody and control of others is required. e. Professional Liability Insurance coverage appropriate for the type of business engaged in by the CONSULTANT with minimum limits of $1,000,000 (one million dollars) per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (ERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. 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 CONSULTANT 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.” In addition, when requested in writing from the City, CONSULTANT 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: Purchasing, RFQ #08-21 P.O. Box 4748 Clearwater, FL 33758-4748 b. CONSULTANT shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. CONSULTANT’S insurance as outlined above shall be primary and non-contributory coverage for CONSULTANT’S negligence. d. CONSULTANT reserves the right to appoint legal counsel to provide for the CONSULTANT’S defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to CONSULTANT’S design, equipment, or service. CONSULTANT agrees that the City shall not be liable to reimburse CONSULTANT for any legal fees or costs as a result of CONSULTANT 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 failure to request evidence of this insurance shall not be construed as a waiver of CONSULTANT’S obligation to provide the insurance coverage specified. SR 580N McMULLEN BOOTH RD RIGSBY LN MEADOW OAK DR EDANIEL ST LOCATION MAP 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: Northeast Water Reclamation Facility(NE WRF) Improvements Project Number: 19-0029-UT Path: C:\Users\Christopher.Melone\City of Clearwater\Engineering Geographic Technology - Documents\GIS\Engineering\Location Maps\19-0029-UT NE WRF Improvements.mxd 201AGrid #:21-28s-16eS-T-R:Page: 1 of 1DNReviewed By:CRMMap Gen By: NE WRF BLEND TANK IMPROVEMENTS 14-0036-UT NE WRF GRIT REMOVAL,MOVING BELT FILTERS, andEQUALIZATION SYSTEMIMPROVEMENTS 15-0045-UT Legend NE WRF PROJECT AREAS 11/24/2020Date: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-8814 Agenda Date: 2/16/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 5.4 SUBJECT/RECOMMENDATION: Approve a Business Lease Contract between the City of Clearwater (City) and Lutheran Services Florida, Inc. (LSF) (Tenant) for the use of a city-owned property located at 701 Missouri Avenue N for a Head Start Preschool and authorize the appropriate officials to execute same. (consent) SUMMARY: LSF’s current lease expires on 12/31/2023 with an option to extend another 5-year term through 12/31/2028. LSF has requested a new lease with a term through the year 2036 for the 701 N Missouri site. The new 15-year lease term will allow LSF to meet their minimum 15-year lease requirement to secure federal funding for the purchase of new modular classroom units. There will be a federal interest in these new modular units through the Department of Health and Human Services/Administration for Children and Families/Office of Head Start. The City holds no interest in the existing modular units or in the proposed new units. The approval of the declaration of surplus of the subject property in the preceding City Council agenda item gives the City the authority to contract for a new lease on the 701 N Missouri site. The proposed lease has terms and conditions similar to the previous lease. The lease has a rental rate of $1 per year for the lease term. Staff supports the Business Lease Contract with LSF. Page 1 City of Clearwater Printed on 2/15/2021 City of Clearwater Insurance Requirements Page 1 EXHIBIT “A” CITY OF CLEARWATER INSURANCE REQUIREMENTS The Lessee shall, at its own cost and expense, acquire and maintain (and, if applicable, cause any contractors and subcontractors 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. Specifically the Lessee 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. These insurance requirements shall not limit the liability of the Lessee. The City does not represent that these types or amounts of insurance to be sufficient or adequate to protect the Lessee’s interests or liabilities, but are merely minimums: 1. Commercial General Liability in the amount of $1,000,000 per occurrence, including but not limited to, bodily injury, personal injury, property damage, premises-operations, sexual abuse, sexual harassment, contractual liability, independent contractors, and liability assumed under an insured contract. If Commercial General Liability Insurance or other form with a general aggregate limit is used, the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be no less than $3,000,000. 2. Sexual Abuse and Molestation Liability Coverage, such insurance shall be on a form acceptable to the City and which shall cover vendor and its employees for liability arising out of any occurrence of abuse or molestation in relation to the work provided by vendor under the Agreement. If the Abuse and Molestation coverage is provided on a Claims Made Form, the retroactive date must be no later than the first date of this Agreement and such claims- made coverage must respond to all claims reported within three (3) years City of Clearwater Insurance Requirements Page 2 following the period for which coverage is required. Limits should be per Claim $1,000,000, Annual Aggregate $1,000,000, with a Deductible or Self- Insured Retention of $25,000 3. Commercial Automobile Liability Insurance for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 combined single limit. 4. Workers’ Compensation Insurance shall be maintained during the life of this contract in accordance with the laws of the State of Florida, for all of Lessee’s employees employed at the site. Coverage should include Voluntary Compensation and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. 5. Employer’s Liability Insurance shall be maintained in the minimum amount of $100,000 each employee, each accident, and $100,000 each employee/$500,000 policy limits for disease, and which meets all state and federal laws. Coverage must be applicable to employees, contractors, and subcontractors, if any. 6. If the Lessee is using its own property or the property of City in connection with the performance of its obligations under this Agreement, then Property Insurance on an “All Risks” basis with replacement cost coverage for property and equipment in the care, custody and control of others is required. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. Other Insurance Provisions: 1. The City is to be specifically included as an “Additional Insured” on the Commercial Liability Insurance, and Commercial Auto Liability Insurance policies listed above and named as a “Loss Payee” on Lessee’s Property Insurance policy. Coverage shall contain no special limitations on the scope City of Clearwater Insurance Requirements Page 3 of protection afforded to the City, its officials, employees, agents or volunteers. 2. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s), the Lessee will furnish the City with a Certificate of Insurance evidencing the coverage’s set forth above and naming the City as an “Additional Insured” on the Lessee’s Commercial General Liability Insurance and Commercial Auto Liability Insurance policies listed above and as a “Loss Payee” on the Lessee’s Property Insurance policy. In addition, Lessee will provide the City with certified copies of all applicable policies when requested in writing from the City. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Administrative Support Manager Engineering/Production Department P.O. Box 4748 Clearwater, FL 33758-4748 3. Lessee shall provide thirty (30) days written notice of any cancellation, non- renewal, termination, material change or reduction in coverage. 4. Lessee’s insurance as outlined above shall be primary and non-contributory coverage for Lessee’s negligence. 5. Lessee shall defend, indemnify, save and hold the City harmless from any and all claims, suits, judgments and liability for death, personal injury, bodily injury, or property damage arising directly or indirectly including legal fees, court costs, or other legal expenses. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and failure to request evidence of this insurance shall not be construed as a waiver of Lessee’s obligation to provide the insurance coverage specified. City of Clearwater Insurance Requirements Page 4 605 700 608 706 710 806 707 604 706 8021172 1178116611601165SEMINOLE ST N JEFFERSON AVE N MISSOURI 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 Lease Property701 N Missouri Ave.Multiple Parcels Numbers Document Path: V:\GIS\Engineering\Location Maps\701 N Missouri Ave Lease.mxd Parcel Size:+/- 0.95 ac. Page 1 of 1Aerial Flown 2018 Date:3/1/201910-29s-15eS-T-R:WDMap Gen By: ² N.T.S.Scale: 278AGrid #:RBReviewed By: 701 701 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-8816 Agenda Date: 2/16/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 5.5 SUBJECT/RECOMMENDATION: Approve Supplemental Work Order Two to Stantec Consulting Services, Inc., of Tampa, Florida, for design services for Imagine Clearwater (17-0031-EN) in the amount of $1,394,900.00, increasing the work order from $6,478,560 to $7,873,460 and authorize the appropriate officials to execute same. (consent) SUMMARY: February 1, 2018, City Council approved a $834,238 initial work order, per RFQ13-17 to Stantec for master plan design services for Imagine Clearwater. July 18, 2019, City Council approved Supplemental Work Order One for $5,644,322 to Stantec for construction administration services, design development of the library and portions of the park (previously identified as phase one) including the bandshell, green, lake, and south bluff walk. At the time of approval, staff also provided an estimate for a future supplement of $863,848 for construction administration services, design development for the remaining portions of the park, including Coachman Gardens, the splash pad, and north bluff walk (previously identified as phase two). In June 2020, City Council voted to relocate the bandshell to the northern end of the park. The decision required significant efforts to redesign the utilities, as well as several major site amenities and buildings within the project. Supplement Two includes progression of the design phase to full construction documents and construction administration services for the previously identified phase two of the park, as well providing for the redesign associated with the June 2020 vote. Additional services required for Supplemental Two, not included in the original work order or accompanying estimate: ·Relocation of the bandshell from the middle of the park to the north end of the park and the rearrangement of most project elements and all structures. ·Reorganization of the design and permitting of the project from multiple phases into a single phase. ·Redesign of the bandshell canopy structural frame style. APPROPRIATION CODE AND AMOUNT: ENGF180013-DSGN-PROSVC $1,394,900 Funds are available in capital improvement project ENGF180013, Imagine Clearwater, to fund this Supplemental work order. Page 1 City of Clearwater Printed on 2/15/2021 Imagine Clearwater Design and Construction Support Services Supplement 2 1 of 16 1/29/2021 Stantec Stantec Consulting Services Inc. SUPPLEMTAL TWO WORK ORDER for the CITY OF CLEARWATER Date: January 19, 2021 Consultant Project Number: 215614389 City Project Number: 17-0031-EN City Plan Set Number: 2017026 1. PROJECT TITLE: Imagine Clearwater Construction Plans - Design and Construction Consulting Services 2. SCOPE OF SERVICES: I. Stantec Consulting Services Inc. (Stantec), the Design Professional, is pleased to submit this proposal outlining the supplemental Scope of Services and associated Fees for additional Professional Services for the subject project to the City of Clearwater (Client/CITY). This current proposal specifies the Supplement 2 Scope of Services requested by City for scope of work that were not part of the original Work Order or Supplement 1. II. CITY has requested the following scope items to be delivered by Stantec team: a. Relocation of the Bandshell from the middle of the park to north end of the park. This change, requested after completion of the Design Development (DD) phase, required revision to most of the project elements and all structures, essentially redoing the Master Plan from a schematic design level. b. Preparation of Construction Documents and Permitting of the entire park in a single phase. As part of the Supplemental 1, Stantec’s scope of services was limited to the Phase 1 which was to north limit of bandshell and did not include north bluff walk, playground, interactive fountain, garden area, and associated site and infrastructure improvements. c. The bandshell audience canopy (Canopy) was originally proposed to be delivered as a delegated design with Stantec developing the design through Schematic Phase only which would then be sent out to bid by these specialty tensile type structural fabricators. Subsequently, at the request of the City, and as suggested by Skanska (Construction Manager) that a conventionally framed structure could be a more cost-effective solution, Stantec advanced a conventionally-framed steel structure design alternative through the DD Phase. At the completion of that phase, Stantec will prepare a design criteria package Imagine Clearwater Design and Construction Support Services Supplement 2 2 of 16 1/29/2021 Stantec for the tensile structure option and engage a vendor to assist in the development of this package for a delegated design to be bid out as an alternate to the conventionally framed option. Stantec will also provide expanded architectural services for the delegated design alternative. d. Preparation and application for CLOMR at the project site. The effective FEMA map shows this area in velocity zone (VE) with elevation of 14. The preliminary map that was available back in 2017, shows this area to be in AE10. It had been expected that the preliminary map become the effective map by 2019. For a variety of reasons, there has been a delay in the approval of this map and at this time it is uncertain when it will be effective. By Applying for CLOMR, it is anticipated the resulting map revision will allow for the project to be designed in accordance to AE zone with elevation of 11. III. In general, project scope of services is the same as Supplement 1. However, complete redesign of the park master plan due to the relocation of the bandshell and delivery of the construction documents for the entire park requires a one phase redesign as well as increased effort. Scope of services for Supplement 1 had excluded construction documents for areas north of bandshell. Additionally, scope of services is added for the requested Canopy design alternatives and application for CLOMR. IV. As part of Supplement 1 it was specified Stantec will provide limited services as required during construction to verify the project is constructed in general conformance with the construction documents and permit requirements. These services were estimated based on a sixteen (16) month construction duration and excluded areas north of the bandshell. It is estimated construction of the entire park, delivered continuously, will be twenty-four (24) month. The additional fee associated with the extended project area and duration are part of this Supplemental request. V. All conditions and exclusions identified as part of Supplement 1 are applicable to proposed Supplement 2. The proposed scope of work of each discipline/section is described in the following paragraphs and followed by each discipline’s task list. SECTION 200 – PROGRAM MANAGEMENT Scope of Services of this Section will remain the same with the additional level of effort due to the longer project duration and addition of the entire park per following added Tasks. Task 205.1 Project Management-P2 The additional fee associated with the extended project duration are part of this Supplemental request. Task 206.1 Project Meetings-P2 Imagine Clearwater Design and Construction Support Services Supplement 2 3 of 16 1/29/2021 Stantec The additional fee associated with the extended project duration are part of this Supplemental request. Task 207.1 Project Coordination-P2 The additional fee associated with the extended project duration are part of this Supplemental request. Task 208.1 City Council / Public Meetings- P2 The additional fee associated with the extended project duration are part of this Supplemental request. SECTION 400- CIVIL ENGINEERING SERVICES Scope of Services of this Section will remain the same with the additional level of effort due to the relocation of the bandshell and addition of northside of the park, requiring redesign of most if not all the infrastructure elements, and site grading. These additional services will be delivered per following added Tasks. Original tasks titles are listed without any scope for reference. Task 420.1 Civil Engineering Design Development-R Stantec will provide the additional services required for the redesign of the park infrastructure due to the relocation of the bandshell and resulting revised site plan. Section 430 Civil Engineering Construction Documents Task 433 Civil Engineering CD Phase 2 Stantec will provide the additional services required for delivery of the construction documents for the entire park. Section 450- Civil Engineering CA Services As Engineer of Record (EOR), Stantec will provide limited services as required during construction to verify the project is constructed in general conformance with the construction documents and permit requirements. The expanded scope of services proposed by Stantec are based on an Eight (8) month increase of the construction duration for a total of Twenty-Four (24) month. Task 453 Civil Engineering CA Phase 2 Stantec will provide the additional services required for support services during the construction of the project. Section 460- Civil Engineering Associated Services Imagine Clearwater Design and Construction Support Services Supplement 2 4 of 16 1/29/2021 Stantec The following tasks will be provided in association with the Site/Civil Engineering services. Geotechnical Engineering Services Task 470.1 Terracon Geotechnical Engineering Services-R Supplemental Scope of Services for additional Geotechnical Engineering services required due to relocation of the bandshell is attached. Task 490 CLOMR Application The proposed Imagine Clearwater project is situated within flood hazard areas in both the 2005 effective Flood Insurance Study as well as the 2018 preliminary Flood Insurance Study. The current concept design was prepared with methods and practices that minimize flood damage using the 2018 preliminary data. The project team is examining whether additional design features can be introduced to the site that would help demonstrate to FEMA that the project design can also be built in compliance with the more restrictive 2005 effective flood hazards. The following services are required: A. Data Collection − Collect and evaluate FEMA backup data − Project review with local floodplain administrator (City of Clearwater) − Investigate existing backup data for project site B. Coastal Modeling − Review of effective and preliminary coastal analysis − Develop Existing Conditions Model (ECM) – assume 4 coastal modeling transects − Develop Proposed Conditions Model (PCM)– assume 4 coastal modeling transects − Compare the model results from ECM and PCM − Prepare Scour Calculations − Determine Forcing Conditions − Design for required structural elements (e.g., revetments, sheet piles) − Site Plan Modifications − Summarize the findings in a coastal analysis memo 2 − Internal QA/QC C. 30% Structural Engineering − 30% design for required structural elements (e.g., revetments, sheet piles) − Both Options will be considered as coordinated with the site layout Imagine Clearwater Design and Construction Support Services Supplement 2 5 of 16 1/29/2021 Stantec The data collection and coastal modeling prepared during Phase 1 of this scope is the basis for the CLOMR submittal to FEMA. The purpose of submitting the CLOMR to FEMA is to gain the Agency’s opinion as to whether the Imagine Clearwater project, if built as designed, would meet the minimum floodplain management criteria. Since there is are two maps available for floodplain management (2005 effective and 2018 preliminary study), the CLOMR submittal will need to demonstrate to FEMA the result of the revised proposed project flood hazard mapping using both study conditions. The following task is anticipated to include a formal submittal to FEMA to allow for FEMA’s 90-day submittal / response timeline to occur twice to receive FEMA’s determination within six (6) months. D. CLOMR Coordination − Prepare CLOMR package including forms, project summary, proposed plans and draft Property owner notifications (PONs) − Compile ECM and PCM models and results for the report − Generate Topographic work map (PDF and GIS files) per FEMA guidelines − Prepare Annotated Flood Insurance Rate Map (FIRM) − Coordinate Endangered Species Act (ESA) Assessment with other agencies − Submit CLOMR package to Clearwater, State approval (optional) and FEMA − Address comments from FEMA and finalize Property Owner Notifications after approval by FEMA − QA/QC E. CLOMR Submittals − Submit CLOMR package to Clearwater, and FEMA − Address comments from FEMA and finalize Property Owner Notifications after approval by FEMA − QA/QC Services designated as A, B & D were previously delivered under Supplement 1 Contingency. Services designated as C & E are proposed to be delivered under this Task (490). SECTION 500- LANDSCAPE ARCHITECTURE SERVICES Scope of Services of this Section will remain the same with the additional level of effort due to the relocation of the bandshell and addition of northside of the park, requiring redesign of most if not all the park elements and configuration. Task 520.1- Landscape Architecture Design Development-R Stantec will provide the additional services required for the redesign of the park elements and configuration due to the relocation of the bandshell and resulting revised master plan. Section 530 Landscape Architecture Construction Documents Imagine Clearwater Design and Construction Support Services Supplement 2 6 of 16 1/29/2021 Stantec Task 532 LA CD Phase 2 Stantec will provide the additional services required for delivery of the construction documents for the entire park. Section 550- Landscape Architecture CA Services Stantec will provide limited services as required during construction to verify the project is constructed in general conformance with the construction documents and permit requirements. The expanded scope of services proposed by Stantec are based on an Eight (8) month increase of the construction duration for a total of Twenty-Four (24) month. Task 552 LA CA Phase 2 Stantec will provide the additional services required for support services during the construction of the project. Landscape Architecture Associated Services Task 570.1- Fountain Design Services-R Supplemental Scope of Services for additional Fountain Design Development services is attached. The services required for the preparation of the interactive fountain construction documents will be provided under this task as well. SECTION 600- ARCHITECTURE AND INTERIOR DESIGN Scope of Services of this Section will remain the same with the additional level of effort due to the relocation the bandshell and addition of northside of the park, requiring redesign of most, if not all, buildings. Additionally, scope of services for the Canopy is included in tasks below. Task 615.1 - 3D Visualization/Renderings-R It is anticipated that additional hand-drawn colored renderings as well as the digital modeling/renderings will be prepared to depict various design elements. Task 620.1 – Architecture Design Development-R In addition to the expanded services required under this task, design of an alternative bandshell Canopy will be developed. Section 630- Architecture Construction Documents Imagine Clearwater Design and Construction Support Services Supplement 2 7 of 16 1/29/2021 Stantec Task 632.1 Architecture CD Canopy Construction documents for the proposed Canopy will be prepared as part of this Task. • Work associated with the Seating Canopy during the Construction Document Phase includes all documentation required for the bidding, permitting and construction of this element. Specifically, that includes: o Final roof plan layout, fully dimensioned and annotated o Final reflected ceiling plan coordinating location of all components within the ceiling o Vertical circulation to the catwalks [ladders, platforms, stairs, etc.] – fully detailed o Life safety plan to incorporate exiting strategy and egress components from the catwalks o Coordination of the architectural, structural, life safety, MEP/LV and A/V systems within the roof and ceiling plans o Exterior elevations indicating any surface treatment to the vertical surfaces including soffits, columns, walls. o All sections and enlarged details required to fully document the scope described above o Incorporation of new and/or revised specification sections into the project manual book Section 650- Architecture CA Services Stantec will provide limited services as required during construction to verify the project is constructed in general conformance with the construction documents and permit requirements. The expanded scope of services proposed by Stantec are based on an Eight (8) month increase of the construction duration for a total of Twenty-Four (24) month. Task 653 Architecture CA Phase 2 Additional Construction Administration required for the construction of the Canopy designed by Stantec will be provided as part of this Task. SECTION 660-MECHANICAL, ELECTRICAL AND PLUMBING ENGINEERING Scope of Services of this Section will remain the same with the additional level of effort due to the relocation the bandshell and addition of northside of the park, requiring redesign of most, if not all, buildings. Task 662.1 MEP Design Development Phase-R Stantec will provide the additional services required for the redesign of the proposed buildings due to the relocation of the bandshell and resulting revised site plan. MEP Construction Documents Imagine Clearwater Design and Construction Support Services Supplement 2 8 of 16 1/29/2021 Stantec Task 665 MEP CD Phase 2 Stantec will provide the additional services required for delivery of the construction documents for the entire park. MEP Construction Administration Stantec will provide limited services as required during construction to verify the project is constructed in general conformance with the construction documents and permit requirements. The expanded scope of services proposed by Stantec are based on an Eight (8) month increase of the construction duration for a total of Twenty-Four (24) month. Task 669 MEP CA Phase 2 Stantec will provide the additional services required for support services during the construction of the project. SECTION 670- STRUCTURAL ENGINEERING Scope of Services of this Section will remain the same with the additional level of effort due to the relocation the bandshell and addition of northside of the park, requiring redesign of most, if not all, buildings. Additionally, scope of services for the Canopy is included in tasks below. Task 672.1 Structural Design Development-R Stantec will provide the additional services required for the redesign of the park buildings due to the relocation of the bandshell and resulting revised master plan. Task 672.2 Structural DD Canopy As part of this Task an alternative bandshell Canopy will be developed. Structural design and detailing of the canopy structure utilizing conventional structural steel shapes per the request of the General Contractor, Skanska, and their steel fabricator, E&H Steel Corp. We will create a 3D structural analysis model of the entire roof structure in order to design all components for the applicable gravity and lateral wind load requirements of the project. All structural steel connection details, including the attachments at the base, will be provided. All coordination and structural detailing associated with the canopy’s integration with the bandshell facility structure below will also be provided. Design and detailing of all structural steel support frames for video boards or speaker assemblies mounted to the roof structure is also included. In addition to the standard design team coordination, Stantec will interact with Skanska and E&H Steel periodically during the design phase in an effort to simplify the structural detailing to the extent possible. Structural Construction Documents Imagine Clearwater Design and Construction Support Services Supplement 2 9 of 16 1/29/2021 Stantec Task 675 Structural CD Phase 2 Stantec will provide the additional services required for delivery of the construction documents for the entire park. Structural Construction Administration: Stantec will provide limited services as required during construction to verify the project is constructed in general conformance with the construction documents and permit requirements. The expanded scope of services proposed by Stantec are based on an Eight (8) month increase of the construction duration for a total of Twenty-Four (24) month. Task 679 Structural CA Phase 2 Stantec will provide the additional services required for support services during the construction of the entire project. Section 680- Architecture Associated Services The following tasks will be provided in association with the Architecture services. Task 681.1- Theater Design Services-R Supplemental Scope of Services for additional theater design services required due to relocation of the bandshell is attached. Task 682.1- Acoustic Design Services-R Supplemental Scope of Services for additional acoustic modeling services required due to relocation of the bandshell is attached. Task 684- Birdair – Tensile Structure Design Criteria Design Criteria of the proposed Canopy and possibly the shade structures will be developed through collaboration with Birdair as a subconsultant to Stantec SECTION 700- LIBRARY RENOVATIONS The proposed design of the Library renovation has been advanced through construction documents. City has decided to postpone construction of these improvements/removed for this Work Order. Task 710 – Library WDA Architecture Imagine Clearwater Design and Construction Support Services Supplement 2 10 of 16 1/29/2021 Stantec Construction administration (CA) services associated with this task will not be required. As such, the remining budget of this Task is shown as credit. TASK 895 – CONTINGECY SERVICES If requested, Stantec and other team members will provide other assistance and support to the Client on an as needed basis. This may include, but not be limited to coordination of improvements by others, meetings with parties other than identified in this Scope, special negotiations, etc. An estimated budget allowance based on approximately ten (10%) percent of the Fee is established. This budget will be utilized with City’s written approval only in advance of delivery of services. Any approved services will be invoiced monthly as percentage of the task budget. Attachments: Attachment “A” City of Clearwater- Work Order Initiation Form- City Deliverables Attachment “B” Fee Estimate Attachment “C” Stantec Schedule of Hourly Rates Attachment “D” Revised Site Plan Sub-Consultants Attachment “E” Terracon (Geotechnical Engineering) Attachment “G” Martin Aquatic [fka Aquatic Design & Engineering, Inc.] - (Fountain Design) Attachment “H”- Schuler Shook (theatre) Attachment “I” Siebein Associates (Acoustics) Attachment “J” Birdair (Tensile Structures Design Criteria) 3. PROJECT GOALS: The overall purpose of the City of Clearwater’s Imagine Clearwater – Provide Design and Construction Consulting Services. The specific efforts associated with this Supplement 2 are outlined in detail within the tasks noted above but are intended to reflect the revisions being made to the Design Development set of the drawings as well as preparation of the construction documents for the entire park. This Supplement also includes some limited services associated with the time that will be spent after the revised DD phase submittal to incorporate on-going design, meetings with the City staff, the review and analysis of the updated estimate and general assistance with the final definition of the scope of work for the Project that would align the project scope and the City’s budget. 4. BUDGET: See Attachment “B”. This price includes all labor and expenses anticipated to be incurred by Stantec Consulting Services Inc. for the completion of these tasks in accordance with Professional Services Method Imagine Clearwater Design and Construction Support Services Supplement 2 11 of 16 1/29/2021 Stantec “B” – Lump Sum – Percentage of Completion by Task, for a fee not to exceed one million three hundred ninety-four thousand and nine hundred Dollars ($1,394,900). 5. SCHEDULE: The proposed estimated durations listed below are from the time City has decided to move the bandshell to the north: Activity Duration Design Development Revised DD 11 Weeks Construction Documents Progress CD 9 weeks 100% CD 8 weeks Construction 24 Month (to be confirmed by CM) Total project time will be the durations identified above plus the review periods. Site permitting will be parallel to the design effort after the approval of the Design Development Phase. However, the total project duration will be plus some permitting time. Stantec team will continue working with CITY and CM to maintain a detailed design and permitting schedule with consideration to review times, etc. Schedule will be coordination with the CM to be incorporated to the overall project delivery schedule. 6. STAFF ASSIGNMENT (Consultant): Stantec Team David Kemper, PE – Managing Principal Hamid Sahebkar, PE – Project Manager / Civil Engineering Principal Daryl LeBlanc, AIA – Architect Principal Greg Meyer, RLA – Landscape Architect Principal Kyle Steele, RLA – Sr. Landscape Architect Zaid Dabash, EI- Civil Engineering Jim Ordija, PE- Structural Engineer Edwin Martinez, PE- MEP/Electrical Engineer Behzad Golestani, PE- MEP/Mechanical Engineer Mark Foster, PSM- Survey/SUE Subconsultants Terracon- Geotechnical Engineering Subconsultant Moffat & Nichol – Marine Engineering Subconsultant Aquatic Design & Engineering, Inc. - Fountain Design Subconsultant Shuler Shook – Theater Design Subconsultant Imagine Clearwater Design and Construction Support Services Supplement 2 12 of 16 1/29/2021 Stantec Siebein & Associates – Acoustic Subconsultant SLS Consulting- Life Safety Subconsultant Birdair- Tensile Structures Design Criteria Williamson Dacar Associates Library Architecture Subconsultant Webb Communication Financial Performance 7. CORRESPONDENCE/REPORTING PROCEDURES: All ENGINEER’s project correspondence shall be directed to: Hamid Sahebkar, PE with copies to others as may be appropriate. All CITY project correspondence shall be directed to: Timothy M. Kurtz, RLA, ASLA with copies to others as may be appropriate. 8. INVOICING/FUNDING PROCEDURES: For work performed, invoices shall be submitted monthly to the: City of Clearwater, Engineering Department Attn. Veronica Josef, Senior Staff Assistant PO Box 4748 Clearwater, Florida 33758-4748. Contingency services will be billed as incurred only after written authorization provided by the City to proceed with those services. City Invoicing Code: ENGF180013-DSGN-PROSVC 9. INVOICING PROCEEDURES At a minimum, in addition to the invoice amount(s) the following information shall be provided on all invoices submitted on the Work Order: A. Purchase Order, Project and Invoice Numbers and Contract Amount. B. The time period (begin and end date) covered by the invoice. C. A short narrative summary of activities completed in the time period. D. Contract billing method – Lump Sum or Cost Times Multiplier E. If Lump Sum, the percent completion, amount due, previous amount earned and total earned to date for all tasks (direct costs, if any, shall be included in lump sum amount). F. If Cost Times Multiplier, hours, hourly rates, names of individuals being billed, amount due, previous amount earned, total earned to date for each task and other direct costs (receipts will be required for any single item with a cost of $50 or greater or cumulative monthly expenses greater than $100). G. If the Work Order is funded by multiple funding codes, an itemization of tasks and invoice amounts by funding code. Imagine Clearwater Design and Construction Support Services Supplement 2 13 of 16 1/29/2021 Stantec 10. SPECIAL CONSIDERATIONS: The consultant named above is required to comply with Section 119.0701, Florida Statutes (2013) where applicable. PREPARED BY: APPROVED BY: __________________________ ________________________ David A. Kemper, P.E. Tara L. Kivett, P.E. Senior Principal City Engineer Stantec Consulting Services Inc. City of Clearwater ___________________ ___________________ Date Date Imagine Clearwater Design and Construction Support Services Supplement 2 14 of 16 1/29/2021 Stantec ATTACHMNET “A” CITY OF CLEARWATER ENGINEERING DEPARTMENT WORK ORDER INITIATION FORM CITY DELIVERABLES 1. FORMAT The design plans shall be compiled utilizing the following methods: 1. City of Clearwater CAD standards. 2. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. 2. DELIVERABLES The design plans shall be produced on bond material, 22" x 34" at a scale of 1" = 20’ unless approved otherwise. Upon completion the consultant shall deliver all drawing files in digital format with all project data in Autodesk Civil 3D file format. If not available Land Desktop files are still acceptable, however the City or Clearwater is currently phasing out Land Desktop. NOTE: If approved deviation from Clearwater CAD standards are used the Consultant shall include all necessary information to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard release of Autodesk, Inc. software. All block references and references contained within the drawing file shall be included. Please address any questions regarding format to Mr. Tom Mahony, at (727) 562 4762 or email address Tom.Mahony@myClearwater.com. All electronic files (CAD and Specification files) must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. Imagine Clearwater Design and Construction Support Services Supplement 2 15 of 16 1/29/2021 Stantec ATTACHMENT “B” IMAGINE CLEARWATER Stantec WORK ORDER INITIATION FORM PROJECT BUDGET Task Description Subconsultant Services Labor Total 200 Project Management 205.1 Project Management P2 $6,000 $6,000 206.1 Project Meetings P2 $25,000 $25,000 207.1 Project Coordination $6,600 $6,600 208.1 Public Meetings P2 $2,400 $2,400 Project Management Subtotal: $40,000 400 Civil Engineering Services 420.1 Civil Engineering DD-R $129,800 $129,800 433 Civil Engineering CD Phase 2 $103,000 $103,000 453 Civil Engineering CA Phase 2 $33,400 $33,400 470.1 Terracon Geotech Eng Service R $11,450 $11,450 490 CLOMR Application $113,000 $113,000 Civil Engineering Services Subtotal: $390,650 500 Landscape Architecture 520.1 LA DD R $232,300 $232,300 532 LA CD Phase 2 $78,700 $78,700 552 LA CA Phase 2 $22,800 $22,800 570.1 ADE Fountain Design Services $53,048 $53,048 Landscape Architecture Subtotal: $386,848 600 Architecture and Interior Design 615.1 Renderings R $24,500 $24,500 620.1 Architecture DD R $131,700 $131,700 632.1 Architecture CD Canopy $61,200 $61,200 633 Architecture CD Phase 2 $58,300 $58,300 653 Architecture CA Services Phase 2 $22,500 $22,500 Architecture and Interior Design Subtotal: $298,200 660 Mechanical, Electrical and Plumbing 662.1 MEP DD-R $53,352 $53,352 665 MEP CD Phase 2 $17,000 $17,000 669 MEP CA Phase 2 $9,700 $9,700 Mechanical, Electrical and Plumbing Subtotal: $80,052 Imagine Clearwater Design and Construction Support Services Supplement 2 16 of 16 1/29/2021 Stantec 670 Structural Engineering 672.1 Structural DD R $69,400 $69,400 672.2 Structural DD Canopy $48,000 $48,000 675 Structural CD Phase 2 $14,900 $14,900 679 Structural CA Phase 2 $16,400 $16,400 Structural Engineering Subtotal: $148,700 680 Architectural Associated Services 681.1 Schuler-Shook-Theater Design Service-R $9,975 $9,975 682.1 Siebein-Acoustic Design Service-R $19,600 $19,600 684 Birdair- Tensile Structure Design Criteria $20,000 $20,000 Architectural Associated Services Subtotal: $49,575 700 Library Renovations 710 LIB-WDA-Architecture -69,225 -69,225 Library Renovations Subtotal: -69,225 Subtotal, Labor and Subcontractors $1,324,800 895.1 Contingency $70,100 Grand Total for Supplement #2 $1,394,900 Original WO, 2/1/2018 - Master Plan $834,238 Supplement #1, 7/18/2019 – Design and CA for Library, Green and Bandshell $5,644,322 Total Stantec Fees $7,873,460 DREW ST PIERCE ST CLEVELAND ST N OSCEOLA AVE MEMORI ALCSWYS OSCEOLA AVE LAURA ST LOCATION MAP ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com JB CC N.T.S.286B 16-29s-15e11/27/2019Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: Imagine Clearwater Boundary Document Path: C:\Users\james.benwell\City of Clearwater\Engineering Geographic Technology - Location Maps\ImagineClearwaterBoundary.mxd Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-8780 Agenda Date: 2/16/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 6.1 SUBJECT/RECOMMENDATION: Approve an agreement between the City of Clearwater and the School Board of Pinellas County, Florida providing for the continuation of the School Resource Officer program at Clearwater High School, Countryside High School, Oak Grove Middle School and Clearwater Fundamental for a three-year period commencing July 1, 2020 through June 30, 2023, and authorize the appropriate officials to execute same. (consent) SUMMARY: On June 21, 2018, City Council approved a three-year agreement between the School Board of Pinellas County and the City of Clearwater, for the City to provide law enforcement and related services to Clearwater High School (2 officers), Countryside High School (2 officers), Oak Grove Middle School (1 officer) and Clearwater Fundamental (1 officer) during the regular school years. The assigned officers provide site security, instruction in law education, will serve as resource persons, conduct investigations, maintain the peace, make arrests if necessary and provide support services as needed. Upon ratification of this agreement, the agreement approved on June 21, 2018 will be terminated and replaced with this ratified agreement. This is being done for the convenience of both parties, so all law enforcement agencies are on the same three-year Agreement schedule. There are no substantive changes and the funding reimbursement amounts are the same as the previous agreement. The annual cost of salaries and benefits of six officers over a one-year period will be $546,252. Total annual reimbursement from the School Board will be $63,407.96 for each of the six SROs assigned to the schools identified in Article 1A herein for a total sum payable annually under this Agreement of $380,447.76. Additional funding needed ($165,804) will be provided by a transfer of Florida Contraband Forfeiture Fund revenues. School Resource Officers have been assigned to Clearwater High School since January 1, 1985, Countryside High School since January 1, 1986, Oak Grove Middle School since August 27, 2007, and Clearwater Fundamental since July 1, 2018. APPROPRIATION CODE AND AMOUNT: A budget amendment will increase special project P1801, School Resource Officers by $380,447.76 in reimbursement revenues to recognize Pinellas County’s portion of funding. An amendment will also transfer $165,804 from special program 181-99330, Florida Contraband Forfeiture Fund, to P1801, School Resource Officers to fund the balance needed for the first year of the agreement. Page 1 City of Clearwater Printed on 2/15/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-8848 Agenda Date: 2/16/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Confirm COVID-19 Emergency Proclamation and adopt Resolution 21-07. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 2/15/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9419-21 2nd rdg Agenda Date: 2/16/2021 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Adopt Ordinance 9419-21 on second reading, annexing certain real property whose post office address is 2776 N. Terrace Drive, Clearwater, Florida 33759, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 2/15/2021 Ordinance No. 9419-21 ORDINANCE NO. 9419-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF N TERRACE DRIVE APPROXIMATELY 120 FEET WEST OF EL TRINIDAD DRIVE E, WHOSE POST OFFICE ADDRESS IS 2776 N TERRACE DRIVE, CLEARWATER, FLORIDA 33759 INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owners of the real property described herein and depicted on the map attached hereto as Exhibit A have petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 2, Block 3, VIRGINIA GROVE TERRACE FIRST ADDITION, according to the map or plat thereof, as recorded in Plat Book 37, page 62, Public Records of Pinellas County, Florida; (ANX2020-10011) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Community Development Coordinator are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 9419-21 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A Proposed Annexation Map Owner(s): Stevan L. Hazen Diana J. Hazen Case: ANX2020-10011 Site: 2776 N Terrace Drive Property Size(Acres): ROW (Acres): 0.204 Land Use Zoning PIN: 05-29-16-94338-003-0020 From : Residential Low (RL), Preservation (P) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL), Water/Drainage Feature Overlay Low Medium Density Residential (LMDR) 9435694338 9432098470 5 4 4 2 2 3 3 3 1 A 11910 6 789 10 1234567891011 7 8 9 10 11 12 13 14 15 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 7 8 9 10 11 12 13 14 15 16 17 18 7 8 9 10 11 12 13 14 15 16 17 18 19 20 16 17 18 19 20 21 22 23 24 1 910 11 12 13141516171819 1 GROVE DR N TERRACE DR THOMAS DR ST. CROIX DR EL TRINDAD DR EMORNINGSIDE DR 1795 1748 17511740 1753 1741 1737 1739 1756 1731 1759 1728 1733 1740 1727 1745 1772 1750 1729 1736 1751 1800 1747 1732 1765 1725 1734 1728 1724 1746 17642797 1734273827522780 28241788 27591748 174627812749 1765 1732 17772755275827932761 1745 17642773 2 8 0 6 2812274027731759 1754 1733 1728 274627771755 27941758 17702743 1744 17292764175227701810279817412767274717492762172527341782 1740 1737 1729 1740 1736 27891754 1783 1771 1724 1736 1807 1777 1789 17372776 17302751 1771 174927851755 1724 1735 177627842790 -Not to Scale--Not a Survey-Rev. 10/8/2020 Location Map Owner(s): Stevan L. Hazen Diana J. Hazen Case: ANX2020-10011 Site: 2776 N Terrace Drive Property Size(Acres): ROW (Acres): 0.204 Land Use Zoning PIN: 05-29-16-94338-003-0020 From : Residential Low (RL), Preservation (P) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL), Water/Drainage Feature Overlay Low Medium Density Residential (LMDR) SR 590 US Hwy 19 NOWEN DR SOUTH DR E US-19 FRONTAGE RDW US-19 FRONTAGE RDEVANS DR MORNINGSIDE DR WOODRING DR LUCAS DR DIANE DR GROVE DR AUDREY DR THOMAS DR ST. CROIX DR N TERRACE DR CARDINAL DR EL TRINDAD DR EKUMQUAT DR CARLTON DR SKYLAND DR MARILYN DR DIANE TER COUNTRY LN WCALAMONDIN LN N TERRACE DR COACHMAN PLAZA DR AUDREY DR OWEN DR CARDINAL DR ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 10/8/2020 Aerial Map Owner(s): Stevan L. Hazen Diana J. Hazen Case: ANX2020-10011 Site: 2776 N Terrace Drive Property Size(Acres): ROW (Acres): 0.204 Land Use Zoning PIN: 05-29-16-94338-003-0020 From : Residential Low (RL), Preservation (P) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL), Water/Drainage Feature Overlay Low Medium Density Residential (LMDR) GROVE DR GROVE DR N TERRACE DRN TERRACE DR THOMAS DR THOMAS DR ST. CROIX DR ST. CROIX DR EL TRINDAD DR EEL TRINDAD DR EMORNINGSIDE DR MORNINGSIDE DR -Not to Scale--Not a Survey-Rev. 10/8/2020 Existing Surrounding Uses Map Owner(s): Stevan L. Hazen Diana J. Hazen Case: ANX2020-10011 Site: 2776 N Terrace Drive Property Size(Acres): ROW (Acres): 0.204 Land Use Zoning PIN: 05-29-16-94338-003-0020 From : Residential Low (RL), Preservation (P) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL), Water/Drainage Feature Overlay Low Medium Density Residential (LMDR) 9435694338 9432098470 5 4 4 2 2 3 3 3 1 A 11910 6 789 10 1234567891011 7 8 9 10 11 12 13 14 15 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 7 8 9 10 11 12 13 14 15 16 17 18 7 8 9 10 11 12 13 14 15 16 17 18 19 20 16 17 18 19 20 21 22 23 24 1 910 11 12 13141516171819 1 GROVE DR N TERRACE DR THOMAS DR ST. CROIX DR EL TRINDAD DR EMORNINGSIDE DR 1795 1748 17511740 1753 1741 1737 1739 1756 1731 1759 1728 1733 1740 1727 1745 1772 1750 1729 1736 1751 1800 1747 1732 1765 1725 1734 1728 1724 1746 17642797 1734273827522780 28241788 27591748 174627812749 1765 1732 17772755275827932761 1745 17642773 2 8 0 6 2812274027731759 1754 1733 1728 274627771755 27941758 17702743 1744 17292764175227701810279817412767274717492762172527341782 1740 1737 1729 1740 1736 27891754 1783 1771 1724 1736 1807 1777 1789 17372776 17302751 1771 174927851755 1724 1735 177627842790 -Not to Scale--Not a Survey-Rev. 10/8/2020 Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential ANX2020-10011 Stevan L. and Diana J. Hazen 2776 N Terrace Drive View looking north at the subject property, 2776 N Terrace Drive Across the street, to the south of the subject property East of the subject property West of the subject property View looking easterly along N Terrace Drive View looking westerly along N Terrace Drive Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9420-21 2nd rdg Agenda Date: 2/16/2021 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 7.3 SUBJECT/RECOMMENDATION: Adopt Ordinance 9420-21 on second reading, amending the future land use plan element of the Comprehensive Plan to designate the land use for certain real property whose post office address is 2776 N. Terrace Drive, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Low (RL). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 2/15/2021 Ordinance No. 9420-21 ORDINANCE NO. 9420-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF N TERRACE DRIVE APPROXIMATELY 120 FEET WEST OF EL TRINIDAD DRIVE E, WHOSE POST OFFICE ADDRESS IS 2776 N TERRACE DRIVE, CLEARWATER, FLORIDA 33759 UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL) AND WATER/DRAINAGE FEATURE OVERLAY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 2, Block 3, VIRIGINIA GROVE TERRACE FIRST ADDITION, according to the map or plat thereof, as recorded in Plat Book 37, page 62, Public Records of Pinellas County, Florida; Residential Low (RL) and Water/Drainage Feature Overlay (ANX2020-10011) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s Comprehensive Plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9419-21. Ordinance No. 9420-21 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A Proposed Future Land Use Map Owner(s): Stevan L. Hazen Diana J. Hazen Case: ANX2020-10011 Site: 2776 N Terrace Drive Property Size(Acres): ROW (Acres): 0.204 Land Use Zoning PIN: 05-29-16-94338-003-0020 From : Residential Low (RL), Preservation (P) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL), Water/Drainage Feature Overlay Low Medium Density Residential (LMDR) 9435694338 9432098470 5 4 4 2 2 3 3 3 1 A 11910 6 789 10 1234567891011 7 8 9 10 11 12 13 14 15 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 7 8 9 10 11 12 13 14 15 16 17 18 7 8 9 10 11 12 13 14 15 16 17 18 19 20 16 17 18 19 20 21 22 23 24 1 910 11 12 13141516171819 1 I RL RL RL RLRL RL RU RU RLRL RU PP P GROVE DR N TERRACE DR THOMAS DR ST. CROIX DR EL TRINDAD DR EMORNINGSIDE DR 1764 1727 1729 1746 1728 1750 1734 1765 1800 1737 1748 1724 1725 1736 1751 1795 1772 1732 1747 1753 1733 1745 1731 1740 1739 1756 1728 1740 1759 17772780 28241788 27591748 174627812749 1765 1732 17342752277727582761174517642773 28 0 62812274027731759 1754 1733 1728 27461755 27941758 17702743 1744 172927641752277018102798276727471749 1737 17252734 1782 1740 1729 1736 27891807 1724 1777 1783 1736 1751 1789 1754 1771 1741 1737 173027972776273827552751 17712793 174927851755 1724 1735 1741 17402762177627842790 -Not to Scale--Not a Survey-Rev. 10/26/2020 Location Map Owner(s): Stevan L. Hazen Diana J. Hazen Case: ANX2020-10011 Site: 2776 N Terrace Drive Property Size(Acres): ROW (Acres): 0.204 Land Use Zoning PIN: 05-29-16-94338-003-0020 From : Residential Low (RL), Preservation (P) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL), Water/Drainage Feature Overlay Low Medium Density Residential (LMDR) SR 590 US Hwy 19 NOWEN DR SOUTH DR E US-19 FRONTAGE RDW US-19 FRONTAGE RDEVANS DR MORNINGSIDE DR WOODRING DR LUCAS DR DIANE DR GROVE DR AUDREY DR THOMAS DR ST. CROIX DR N TERRACE DR CARDINAL DR EL TRINDAD DR EKUMQUAT DR CARLTON DR SKYLAND DR MARILYN DR DIANE TER COUNTRY LN WCALAMONDIN LN N TERRACE DR COACHMAN PLAZA DR AUDREY DR OWEN DR CARDINAL DR ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 10/8/2020 Aerial Map Owner(s): Stevan L. Hazen Diana J. Hazen Case: ANX2020-10011 Site: 2776 N Terrace Drive Property Size(Acres): ROW (Acres): 0.204 Land Use Zoning PIN: 05-29-16-94338-003-0020 From : Residential Low (RL), Preservation (P) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL), Water/Drainage Feature Overlay Low Medium Density Residential (LMDR) GROVE DR GROVE DR N TERRACE DRN TERRACE DR THOMAS DR THOMAS DR ST. CROIX DR ST. CROIX DR EL TRINDAD DR EEL TRINDAD DR EMORNINGSIDE DR MORNINGSIDE DR -Not to Scale--Not a Survey-Rev. 10/8/2020 Existing Surrounding Uses Map Owner(s): Stevan L. Hazen Diana J. Hazen Case: ANX2020-10011 Site: 2776 N Terrace Drive Property Size(Acres): ROW (Acres): 0.204 Land Use Zoning PIN: 05-29-16-94338-003-0020 From : Residential Low (RL), Preservation (P) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL), Water/Drainage Feature Overlay Low Medium Density Residential (LMDR) 9435694338 9432098470 5 4 4 2 2 3 3 3 1 A 11910 6 789 10 1234567891011 7 8 9 10 11 12 13 14 15 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 7 8 9 10 11 12 13 14 15 16 17 18 7 8 9 10 11 12 13 14 15 16 17 18 19 20 16 17 18 19 20 21 22 23 24 1 910 11 12 13141516171819 1 GROVE DR N TERRACE DR THOMAS DR ST. CROIX DR EL TRINDAD DR EMORNINGSIDE DR 1795 1748 17511740 1753 1741 1737 1739 1756 1731 1759 1728 1733 1740 1727 1745 1772 1750 1729 1736 1751 1800 1747 1732 1765 1725 1734 1728 1724 1746 17642797 1734273827522780 28241788 27591748 174627812749 1765 1732 17772755275827932761 1745 17642773 2 8 0 6 2812274027731759 1754 1733 1728 274627771755 27941758 17702743 1744 17292764175227701810279817412767274717492762172527341782 1740 1737 1729 1740 1736 27891754 1783 1771 1724 1736 1807 1777 1789 17372776 17302751 1771 174927851755 1724 1735 177627842790 -Not to Scale--Not a Survey-Rev. 10/8/2020 Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential ANX2020-10011 Stevan L. and Diana J. Hazen 2776 N Terrace Drive View looking north at the subject property, 2776 N Terrace Drive Across the street, to the south of the subject property East of the subject property West of the subject property View looking easterly along N Terrace Drive View looking westerly along N Terrace Drive Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9421-21 2nd rdg Agenda Date: 2/16/2021 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 7.4 SUBJECT/RECOMMENDATION: Adopt Ordinance 9421-21 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2776 N. Terrace Drive, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 2/15/2021 Ordinance No. 9421-21 ORDINANCE NO. 9421 -21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF N TERRACE DRIVE APPROXIMATELY 120 FEET WEST OF EL TRINIDAD DRIVE E, WHOSE POST OFFICE ADDRESS IS 2776 N TERRACE DRIVE, CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9419-21. Property Zoning District Lot 2, Block 3, VIRGINIA GROVE TERRACE FIRST ADDITION, according to the map or plat thereof, as recorded in Plat Book 37, page 62, Public Records of Pinellas County, Florida Low Medium Density Residential (LMDR) (ANX2020-10011) Ordinance No. 9421-21 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A Proposed Zoning Map Owner(s): Stevan L. Hazen Diana J. Hazen Case: ANX2020-10011 Site: 2776 N Terrace Drive Property Size(Acres): ROW (Acres): 0.204 Land Use Zoning PIN: 05-29-16-94338-003-0020 From : Residential Low (RL), Preservation (P) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL), Water/Drainage Feature Overlay Low Medium Density Residential (LMDR) 9435694338 9432098470 5 4 4 2 2 3 3 3 1 A 11910 6 789 10 1234567891011 7 8 9 10 11 12 13 14 15 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 7 8 9 10 11 12 13 14 15 16 17 18 7 8 9 10 11 12 13 14 15 16 17 18 19 20 16 17 18 19 20 21 22 23 24 1 910 11 12 13141516171819 1 LMDR LMDR P GROVE DR N TERRACE DR THOMAS DR ST. CROIX DR EL TRINDAD DR EMORNINGSIDE DR 1795 1748 17511740 1753 1741 1737 1739 1756 1731 1759 1728 1733 1740 1727 1745 1772 1750 1729 1736 1751 1800 1747 1732 1765 1725 1734 1728 1724 1746 17642797 1734273827522780 28241788 27591748 174627812749 1765 1732 17772755275827932761 1745 17642773 2 80 6 2812274027731759 1754 1733 1728 274627771755 27941758 17702743 1744 17292764175227701810279817412767274717492762172527341782 1740 1737 1729 1740 1736 27891754 1783 1771 1724 1736 1807 1777 1789 17372776 17302751 1771 174927851755 1724 1735 177627842790 -Not to Scale--Not a Survey-Rev. 10/8/2020 Location Map Owner(s): Stevan L. Hazen Diana J. Hazen Case: ANX2020-10011 Site: 2776 N Terrace Drive Property Size(Acres): ROW (Acres): 0.204 Land Use Zoning PIN: 05-29-16-94338-003-0020 From : Residential Low (RL), Preservation (P) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL), Water/Drainage Feature Overlay Low Medium Density Residential (LMDR) SR 590 US Hwy 19 NOWEN DR SOUTH DR E US-19 FRONTAGE RDW US-19 FRONTAGE RDEVANS DR MORNINGSIDE DR WOODRING DR LUCAS DR DIANE DR GROVE DR AUDREY DR THOMAS DR ST. CROIX DR N TERRACE DR CARDINAL DR EL TRINDAD DR EKUMQUAT DR CARLTON DR SKYLAND DR MARILYN DR DIANE TER COUNTRY LN WCALAMONDIN LN N TERRACE DR COACHMAN PLAZA DR AUDREY DR OWEN DR CARDINAL DR ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 10/8/2020 Aerial Map Owner(s): Stevan L. Hazen Diana J. Hazen Case: ANX2020-10011 Site: 2776 N Terrace Drive Property Size(Acres): ROW (Acres): 0.204 Land Use Zoning PIN: 05-29-16-94338-003-0020 From : Residential Low (RL), Preservation (P) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL), Water/Drainage Feature Overlay Low Medium Density Residential (LMDR) GROVE DR GROVE DR N TERRACE DRN TERRACE DR THOMAS DR THOMAS DR ST. CROIX DR ST. CROIX DR EL TRINDAD DR EEL TRINDAD DR EMORNINGSIDE DR MORNINGSIDE DR -Not to Scale--Not a Survey-Rev. 10/8/2020 Existing Surrounding Uses Map Owner(s): Stevan L. Hazen Diana J. Hazen Case: ANX2020-10011 Site: 2776 N Terrace Drive Property Size(Acres): ROW (Acres): 0.204 Land Use Zoning PIN: 05-29-16-94338-003-0020 From : Residential Low (RL), Preservation (P) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL), Water/Drainage Feature Overlay Low Medium Density Residential (LMDR) 9435694338 9432098470 5 4 4 2 2 3 3 3 1 A 11910 6 789 10 1234567891011 7 8 9 10 11 12 13 14 15 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 7 8 9 10 11 12 13 14 15 16 17 18 7 8 9 10 11 12 13 14 15 16 17 18 19 20 16 17 18 19 20 21 22 23 24 1 910 11 12 13141516171819 1 GROVE DR N TERRACE DR THOMAS DR ST. CROIX DR EL TRINDAD DR EMORNINGSIDE DR 1795 1748 17511740 1753 1741 1737 1739 1756 1731 1759 1728 1733 1740 1727 1745 1772 1750 1729 1736 1751 1800 1747 1732 1765 1725 1734 1728 1724 1746 17642797 1734273827522780 28241788 27591748 174627812749 1765 1732 17772755275827932761 1745 17642773 2 8 0 6 2812274027731759 1754 1733 1728 274627771755 27941758 17702743 1744 17292764175227701810279817412767274717492762172527341782 1740 1737 1729 1740 1736 27891754 1783 1771 1724 1736 1807 1777 1789 17372776 17302751 1771 174927851755 1724 1735 177627842790 -Not to Scale--Not a Survey-Rev. 10/8/2020 Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential ANX2020-10011 Stevan L. and Diana J. Hazen 2776 N Terrace Drive View looking north at the subject property, 2776 N Terrace Drive Across the street, to the south of the subject property East of the subject property West of the subject property View looking easterly along N Terrace Drive View looking westerly along N Terrace Drive Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9433-21 2nd rdg Agenda Date: 2/16/2021 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 7.5 SUBJECT/RECOMMENDATION: Adopt Ordinance 9433-21C on second reading, approving changes to the Clearwater Gas System utility rates to become effective for all gas bills and services rendered on or after March 1, 2021. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 2/15/2021 [GM19-2064-094/263624/1] Ordinance No. 9433-21 Page 1 ORDINANCE NO. 9433-21-C AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO UTILITIES; AMENDING THE CODE OF ORDINANCES, CHAPTER 32, UTILITIES, ARTICLE VIII, GAS, PROVIDING FOR THE USE OF SUBCONTRACTORS IN THE FULFILLMENT OF GAS SERVICES, AMENDING THE CODE OF ORDINANCES, APPENDIX A, SCHEDULE OF FEES, RATES AND CHARGES, SECTION XXVI, CLEARWATER GAS SYSTEM FEES, RATES AND CHARGES, TO REVISE RATES FOR CLEARWATER GAS SYSTEM CUSTOMERS IN ACCORDANCE WITH THE 2020 CLEARWATER COST OF SERVICE AND RATE STUDY; PROVIDING AN EFFECTIVE DATE. WHEREAS, Clearwater Gas System wishes to revise the code of ordinances to provide for certain operational updates; and WHEREAS, the current gas rates and service charges of the Clearwater Gas System have been effective since November 1, 2014; and WHEREAS, it is determined to be fair and reasonable to adopt the recommendations of the Clearwater Gas System to establish gas rates and service charges based on the cost to serve the various classes of customers; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Chapter 32, Article VIII of the Code of Ordinances of the City of Clearwater is hereby amended as follows: Article VIII. GAS Sec. 32.330. Unified system. [GM19-2064-094/263624/1] Ordinance No. 9433-21 Page 2 All municipal utility properties of the city supplying gas service in and to the city and citizens and inhabitants and users thereof shall be controlled, operated and maintained as provided in section 32.001. See appendix A to this Code, for gas system deposits, fees, service charges and rate schedules. Sec. 32.331. Gas code. The installation of gas pipes, fixtures, appliances and other equipment and appurtenances shall be installed in accordance with the gas code of the city, as adopted in section 47.051, Development Code of the City of Clearwater. The installation of the customer’s gas piping system, fixtures, appliances, and other equipment and appurtenances shall be installed in accordance with the latest edition of the Florida Building Code/ICC “Fuel Gas” and the latest edition of NFPA 58 LP Gas Code, or subsequent adopted replacement codes. Sec. 32.332. Application for service. An application for gas service shall be filed with the City of Clearwater, d/b/a Clearwater Gas System (CGS). If a building permit is required, a separate application for a building permit shall be filed with the building division. The applicant shall pay gas system deposits, fees or connection charges at the time the application is filed with CGS. Sec. 32.333. Permit. See city gas code, as adopted by section 47.051, Development Code of the City of Clearwater, for provisions regarding gas permits pursuant to this article. All installation work of the consumer’s piping system and appurtenances shall require applicable permits and successful inspections by the applicable jurisdictional authority. Sec. 32.334. Tapping and connection. Tapping of all gas mains and service connections shall be done by CGS or an authorized contractor for the city. Title to all service connections from the main to the meters and meter installations is vested in the city, and the same shall at all times be the sole property of the city and shall not be trespassed upon or interfered with in any respect. Such city property shall be maintained by CGS and may be removed or changed by it at any time. Only licensed gas or plumbing contractors shall make the final connection between CGS gas meter or LP (propane) gas service lines and the customer’s gas piping and only after proper permits have been issued by the appropriate jurisdictional authorities and have attained a successful final gas inspection. Only CGS employees and contractually approved subcontractors of CGS are permitted to turn on gas and initiate service. Sec. 32.335. Maintenance of meters and service lines. [GM19-2064-094/263624/1] Ordinance No. 9433-21 Page 3 CGS shall have the right to meter any and all gas service lines. CGS alone shall have the right to stipulate the size, type, make and location of meters, type of meter setting, and the gas delivery pressure. All meters shall be maintained by the City. The customer shall be held responsible for damage to a meter or service line when such damage results from the negligence of the customer. When such damage occurs, the city will furnish and set another meter and repair the damaged meter or make other necessary repairs, and the cost of such repairs, including replacement parts, labor and transportation charges, shall be paid by the customer. Sec. 32.336. Meters and LP Tank Locations and delivery pressure. Gas service will be delivered to the customer for each premise at one (1) point of service. The location of the meter or tank will be designated by the applicable gas system representative and will typically be within ten (10) feet of the nearest corner of the premise to the gas main and in a location that is expected to be maintained by the customer as accessible, i.e., not expected to be enclosed by fencing or hedges. Locations that have multiple gas meters shall have them installed in the same point of service area as described above. Each gas meter and service regulator and propane LP tank shall be installed in a location readily accessible for reading, inspection, repairs, testing and changing of the meter/tank and operation of the gas shutoff valve, and shall be protected from corrosion and other damage. The customer is responsible for maintaining bushes, vegetation, sprinklers, etc. clear from the meter/tank to allow access and good operational performance. Sprinklers and their flow must be maintained clear of the meter/tank to avoid premature corrosion. Upon discovery of a deficiency and notification to the customer, remedial actions must be made including potentially requiring the relocation of the gas facilities to ensure life safety and to maintain required clearances. If this work is done by CGS personnel, then normal Time and Material charges will apply. The standard delivery pressure of natural gas at the point of delivery to the consumer (the meter) is established at the option of CGS at either 2 pounds per square inch (PSI) or seven (7) inches water column (approximately ¼ PSI) and for propane (LP) from the tank is established at the option of CGS at either eleven (11) inches water column (approximately 3/8 PSI) or 2 PSI. An optional delivery pressure above the standard may be requested by the customer or the customer’s contractor in advance and may be approved at the sole discretion of CGS. There are advantages to each pressure and not all may be operationally available at any given location. Sec. 32.337. Status of gas quantity recorded. The quantity of gas recorded by the meter shall be conclusive, except when the meter is found to be registering inaccurately or has ceased to register. [GM19-2064-094/263624/1] Ordinance No. 9433-21 Page 4 In such cases, the quantity may be determined by the average registration of the meter in a corresponding past period or by the average registration of the new meter, whichever method is, in the opinion of the city, representative of the conditions existing during the period in question. Sec. 32.338. Testing. CGS reserves the right to remove or test any meter at any time and to substitute another meter in its place. In case of a disputed account involving the question of accuracy of the meter, the meter will be tested by the city upon written request of the customer. The customer agrees to accept the results of the test made by the city. If the meter tested is found to have an error in registration in excess of three percent as based on the arithmetical average of one-fourth load and full load of the meter, there will be no charge for the testing; but should the test show error in registration less than three percent there shall be a charge for testing the meter. The billing for the testing will be charged to the customer's account. Sec. 32.339. Tampering. No person other than an agent of the city shall remove, inspect or alter any part of the gas piping system leading up to and including the gas meter. The customer shall notify the city of any damage to or any failure of the meter or service line. Sec. 32.340. Authority to turn on gas. (1) Generally. It shall be unlawful for any person other than a CGS employee or a specifically designated and approved agent of the City to turn on, or in any way alter or damage, any gas meter which has been turned off by the City. The customer serviced by the meter shall be held responsible for any actions. (2) Unauthorized connections. A fee shall be charged for the removal of any device which has been installed in lieu of or in addition to a gas meter, except where the pipe or device has been authorized in writing by the City. (3) Open meter bypass servicing. A fee, over and above the bill established from the meter reading, shall be charged for the service of turning off the meter bypass valve, when such opening was not previously authorized in writing by the City. (4) Broken stop locks. A replacement fee shall be charged for the replacement of meter stop locks which have been broken or removed. Sec. 32.341. Responsibility for gas in service lines. [GM19-2064-094/263624/1] Ordinance No. 9433-21 Page 5 The City is responsible for the gas contained within the service lines. The term "service line" means a distribution line that transports gas from a common source of supply to a customer meter outlet or the outlet of the second stage LP gas regulator connection to a customer's house piping, or the connection to a customer's piping if there is no customer meter. A customer meter is the meter that measures the transfer of gas from CGS, the gas supplier, to a consumer. The customer is responsible for all maintenance, line locating, and repair of their customer-owned piping system, which is beyond the gas meter outlet or beyond the outlet of the second stage LP gas regulator. Sec. 32.342. Optional Services provided by Clearwater Gas System beyond the meter/LP tank. The provision of propane (LP) gas service, gas service and repair services, gas installation services, and gas appliance/equipment sales are all competitive services rendered in the market place by other providers. CGS retains the sole right to elect where and when to provide these optional services at the sole discretion of the CGS Executive Director. At any time, CGS may elect to discontinue providing these optional services and may instruct the customer to acquire same from another market vendor of these services. Section 2. That Appendix A – Schedule of Fees, Rates and Charges of the Code of Ordinances of the City of Clearwater is hereby amended as follows: XXVI. CLEARWATER GAS SYSTEM FEES, RATES AND CHARGES: Rate schedules, fees and charges (§ 32.068): (1) Natural gas service rates. The following monthly rates shall apply to all customers who are provided the availability of natural gas service by the Clearwater Gas System (CGS), based on their applicable class of service: (a) Residential natural gas service (rate RS): Firm natural gas service for domestic uses in all residences of three units or fewer. Monthly customer charge . . . . . . . . . . . . $14.00* Non-fuel energy charge, per therm . . . . $0.44 [GM19-2064-094/263624/1] Ordinance No. 9433-21 Page 6 Minimum monthly bill . . . . . . . . . . . . . . . $14.00* *Note: Monthly customer charge and Minimum monthly bill amount will increase to $16 per month, effective 3/1/22 (b) Small multi-family residential service (rate SMF): Firm natural gas service for all domestic applications within the living units of multi-family buildings of four units or more and the total annual consumption at the premise is 0 - 17,999 therms. Monthly customer charge . . . . . . . . . . . . $25.00 Non-fuel energy charge, per therm . . . . $0.44 Minimum monthly bill . . . . . . . . . . . . . . . $25.00 (c) Medium multi-family residential service (rate MMF): Firm natural gas service for all domestic applications within the living units of multi-family buildings of four units or more and the total annual consumption at the premise is 18,000 - 99,999 therms. Monthly customer charge . . . . . . . . . . . . $40.00 Non-fuel energy charge, per therm . . . . $0.44 Minimum monthly bill . . . . . . . . . . . . . . . $40.00 (d) Large multi-family residential service (rate LMF): Firm natural gas service for all domestic applications within the living units of multi-family buildings of four or more and the total annual consumption at the premise is 100,000 therms or more. Monthly customer charge . . . . . . . . . . . . $95.00 Non-fuel energy charge, per therm . . . . $0.44 Minimum monthly bill . . . . . . . . . . . . . . . $95.00 (e) Small natural gas general service (rate SGS): Firm natural gas service for all commercial, industrial, and other applications where no other rate is applicable and the customer's annual consumption at the premise is 0 - 17,999 therms. Monthly customer charge . . . . . . . . . . . . $25.00 Non-fuel energy charge, per therm . . . . $0.38 [GM19-2064-094/263624/1] Ordinance No. 9433-21 Page 7 Minimum monthly bill . . . . . . . . . . . . . . . $25.00 (f) Medium natural gas general service (rate MGS): Firm natural gas service for all commercial, industrial, and other applications where no other rate is applicable and the customer's annual consumption at the premise is 18,000 - 99,999 therms. Monthly customer charge . . . . . . . . . . . . $40.00 Non-fuel energy charge, per therm . . . . .$0.34 Minimum monthly bill . . . . . . . . . . . . . . . $40.00 (g) Large natural gas general service (rate LGS): Firm natural gas service for all commercial, industrial, and other applications where no other rate is applicable and the customer's annual consumption at the premise is 100,000 therms or more. Monthly customer charge . . . . . . . . . . . . $95.00 Non-fuel energy charge, per therm . . . . $0.30 Minimum monthly bill . . . . . . . . . . . . . . . $95.00 (h) Interruptible natural gas service (rate IS): Interruptible natural gas service available under a standard agreement for typically industrial applications where the customer's annual consumption at the premise is 100,000 therms or more; the customer agrees contractually to purchase a minimum of 250 therms/day (excluding curtailment days); and where the customer has either installed alternative fuel capability and/or contractually agrees to curtail service at the request of the CGS, subject to penalties for failure to comply. Monthly customer charge . . . . . . . . . . . . $250.00 Non-fuel energy charge, per therm . . . . $0.24 Minimum monthly bill . . . . . . . . . . . . . . . $250.00 [GM19-2064-094/263624/1] Ordinance No. 9433-21 Page 8 Plus the non-fuel therm rate for the minimum number of contract therms per day Note: All customers being served under Contract Rates as of February 28, 2021, will be allowed to remain on their existing contracts until their next expiration date, at which time that contract will automatically be discontinued, and the customer will be moved to the applicable standard rate unless a new contract is executed. (i) Contract natural gas service (rate CNS): Contract natural gas service for special applications and conditions approved by the City Manager or designee. This rate is typically applicable where competitive fuel sources are confirmed to be available to the customer and special rates with special conditions are required to obtain/retain the customer. This rate may be used to construct a special standby rate where the customer requires capability to serve, but normally uses an alternative energy source. Such service must fall within the normal construction feasibility formula to insure a profitable payback to the City. Contract customers are charged for a contracted Purchased Gas Adjustment (PGA) charge but no other gas rider charges. Monthly customer charge.... The same as the normally applicable service class Non-fuel energy charge.... Per therm as established by contract Minimum monthly bill.... Monthly customer charge plus the non-fuel therm rate for a contract level of monthly consumption Note: All customers being served under Contract Rates as of February 28, 2021, will be allowed to remain on their existing contracts until their next expiration date, at which time that contract will automatically be discontinued, and the customer will be moved to the applicable standard rate unless a new contract is executed. (j) Residential natural gas air conditioning/emerging technology service (rate RAC): RESERVED FOR FUTURE USE [GM19-2064-094/263624/1] Ordinance No. 9433-21 Page 9 (k) General natural gas air conditioning/emerging technology service (rate GAC): RESERVED FOR FUTURE USE (l) Large natural gas air conditioning/emerging technology service (rate LAC): RESERVED FOR FUTURE USE (m) Natural gas street lighting service (rate SL): Natural gas service for lighting of public areas located in the right of way or private property, to include service for all types of decorative lighting to enhance ambient conditions. Service may be either metered or contracted with an estimated annual usage when metering is not operationally feasible. The customer may elect to either: subscribe for normal street lighting maintenance and relighting labor service, or call CGS for repair service and pay normal hourly labor charges (see other miscellaneous gas charges), or maintain their own lights. Repair equipment and/or parts supplied by CGS will be billed as required. When the gas system provides poles, fixtures, piping, and/or installation labor beyond the service connection point, facilities contract charges may be assessed including any right-of- way permitting and utilization charges. The standard PGA will be utilized, but no other gas rider charges will apply unless contracted for. Monthly customer charge . . . . . . . . . . . . $20.00 * Non-fuel energy charge, per therm . . . . .$0.20 Normal maintenance and relighting labor service charge, per therm . . . . $0.15 additional Plus any required equipment/parts Minimum monthly bill . . . . . . . . . . . . . . . $20.00 * * Monthly customer charge not applicable if another customer charge is being billed at the same premise. Plus any applicable facilities contract charges [GM19-2064-094/263624/1] Ordinance No. 9433-21 Page 10 (n) Contract natural gas transportation service (rate CTS): Service for transportation of someone else's natural gas through CGS for supply to another gas system or an individual customer. This is a contract natural gas service and must be approved by the City Manager or designee. Provision of this service must fall within the normal construction feasibility formula to insure a profitable payback to the City. Contract PGA will be utilized, but no other gas rider charges will apply unless contracted for. Monthly customer charge.... As established by contract (typically the same as the normally applicable service class) Non-fuel energy charge.... Per therm as established by contract (typically the same as the normally applicable service rate plus charges for balancing services and any additional services desired by the customer) Minimum monthly bill.... Monthly customer charge plus the non-fuel therm rate for a contracted level of minimum monthly flow as well as any facilities contract charges for special facilities and metering required to provide this transportation service (o) Natural gas vehicle service (rate NGV): Natural gas service for fleet vehicle fueling and for Compressed Natural Gas (CNG) Fueling Stations operated by CGS. This is a contract rate approved by the City Manager. Provision of this service must fall within the normal construction feasibility formula to insure a profitable payback to the City. NGV fleet services will be separately metered and must service exclusively fleet fueling facilities. CNG Fueling Station rates will be metered through dispensing apparatus and billed at rates similarly approved by the City Manager, except that contracts may be established for certain customer fleets based on volumes. [GM19-2064-094/263624/1] Ordinance No. 9433-21 Page 11 Note: This rate is not applicable for residential or small general service rate applications (fewer than 18,000 therms of annual use for the customer’s fleet vehicles). Such non-fleet applications will be billed under the customer’s normal rate applicable to the premise, but a separate meter may be requested by the customer to allow measurement for federal or state excise tax credit purposes. Where an additional meter is requested, CGS may charge for its initial installation and any future additional maintenance required but will not add an additional monthly customer charge to the premise. Note: The total energy charges for this service including all adjustments, facilities charges, taxes, etc. may be expressed as a rate "per gallon equivalent of gasoline or diesel." Contract PGA will be utilized but no other gas rider charges will apply unless contracted for. (p) Natural gas emergency generator or other standby service (rate NSS): Natural gas service to a metered account, separately established for back-up service, where no substantial gas service is used for year round purposes. Note: This rate is not applicable for Residential single-family applications. Such residential emergency generator applications are handled under the RS rate application. Monthly customer charge . . . . . . . . . . . . $50.00 Non-fuel energy charge, per therm . . . . .$0.38 Minimum monthly bill . . . . . . . . . . . . . . . $50.00 Plus any facilities contract charges for the facilities and metering required to serve this account (2) Propane (LP) gas service rates. The following rates shall apply to all customers who are provided the availability of propane (LP) gas service by CGS, based on their applicable class of service. Clearwater Gas requires all residential customer accounts have year-round, whole house water heating as a minimum criteria for qualifying for service. (a) Residential Bulk Propane Gas Service (Rate BRLP): Bulk delivered LP service for “year round” domestic uses (such as water heating, cooking, heating, clothes drying, and lighting) in all residences of three (3) units or fewer. [GM19-2064-094/263624/1] Ordinance No. 9433-21 Page 12 Usage Class Annual Units/Gallons Non-fuel Energy Charge per Gallon Non-refundable Annual Customer Charge* 0 No Fills in Past 12 Months $1.80 $375.00 1 0.1--- 60 $1.80 $250.00 2 60.1---120 $1.60 $205.00 3 120.1---300 $1.00 $115.00 4 >300 $0.90 $100.00 *Note: The Non-refundable Annual Customer Charge will increase by $20 per year, effective 3/1/22, for all Usage Classes. (b) Residential "Will Call" Propane Gas Service (Rate WRLP: Bulk delivered LP Service for all customers with exclusively “leisure living” domestic uses (such as pool/spa heating, fireplaces, and grills) plus customers with “year-round” appliances who request “will call” status in all residences of three (3) units or fewer. A “Will Call” customer is responsible for monitoring tank fuel level, assessing when they will need a fill, and requesting propane delivery. No trip charge for delivery if customer can wait for a normally scheduled four (4)-business day delivery. Trip charges for early delivery are located in (3)(h). Note that the four (4) business days start on the next business day after the customer’s request, i.e. if the customer calls with a “Will Call” fill request on Monday, then we will fill no later than the following Friday. Usage Class Annual Units/Gallons Non-fuel Energy Charge per Gallon Non-refundable Annual Customer Charge* [GM19-2064-094/263624/1] Ordinance No. 9433-21 Page 13 0 No Fills in Past 12 Months $1.80 $375.00 1 0.1 – 60.0 $1.80 $235.00 2 60.1 - 120 $1.60 $175.00 3 120.1 - 300 $0.90 $100.00 4 >300 $0.80 $85.00 *Note: The Non-refundable Annual Customer Charge will increase by $20 per year, effective 3/1/22, for all Usage Classes. (c) Residential Loop System Propane Gas Service (Rate LRLP): Metered delivery LP service for all domestic uses within a loop delivery system (Propane Distribution system serving multiple customers.) Monthly Customer Charge . . . . . $14.00* Non-Fuel Energy Charge Per gallon . . . . . . . . . . . . . $0.90 Minimum Monthly Bill . . . . . . . . . .$14.00* *Note: Monthly customer charge and Minimum monthly bill amount will increase to $16 per month, effective 3/1/22. (d) Commercial Propane Gas Service (Rate BCLP): Bulk delivered LP service for commercial, industrial, and other applications where no other rate is applicable. Usage Class Annual Units/Gallons Non-fuel Energy Charge per Gallon Non- refundable Annual Customer Charge [GM19-2064-094/263624/1] Ordinance No. 9433-21 Page 14 1 0---2500 $0.25 $90.00 2 >2500 $0.20 $90.00 (e) Residential Metered Propane Gas Service (Rate MRLP): Metered delivered LP service for all domestic uses in all residences of three (3) units or fewer. Monthly customer charge . . . . . . $14.00* Non-fuel energy charge: Per gallon . . . . . . . . . . . . . $1.90 Minimum monthly bill . . . . . . . . . $14.00* *Note: Monthly customer charge and Minimum monthly bill amount will increase to $16 per month, effective 3/1/22. (f) Multi-family Metered Propane Gas Service (Rate MMLP): Metered delivered LP service for all domestic applications within the living units of multi-family buildings of four (4) units or more. Monthly customer charge . . . . . . $25.00 Non-fuel energy charge: Per gallon . . . . . . . . . . . . . $1.90 Minimum monthly bill . . . . . . . . . . $25.00 (g) General Metered Propane Gas Service (Rate MGLP): Metered delivered LP service for all commercial, industrial, and other applications where no other rate is applicable and the annual consumption at the premise is 0---2,500 gallons. Monthly customer charge . . . . . . $25.00 Non-fuel energy charge: Per gallon . . . . . . . . . . . . . $0.30 [GM19-2064-094/263624/1] Ordinance No. 9433-21 Page 15 Minimum monthly bill . . . . . . . . . . $25.00 (h) Large Metered Propane Gas Service (Rate MLLP): Metered delivered LP service for all commercial, industrial, and other applications where no other rate is applicable and the annual consumption at the premise is more than 2,500 gallons. Monthly customer charge . . . . . . $40.00 Non-fuel energy charge: Per gallon . . . . . . . . . . . . . $0.25 Minimum monthly bill . . . . . . . . . . $40.00 (i) Contract Propane Gas Service (Rate CLP): Contract metered, or bulk delivered LP gas service for special applications and conditions approved by the city manager or designee. This rate is typically applicable where competitive fuel sources are confirmed to be available to the customer and a special rate with special conditions is required to obtain/retain the customer. Such service must fall within the normal construction feasibility formula to insure a profitable payback to the city. Monthly customer charge. The same as the normally applicable service class Non-fuel margin rate. Per gallon as established by contract Minimum monthly bill. Monthly customer charge plus the non-fuel usage rate for contracted level of monthly consumption. Note: All customers being served under Contract Rates as of February 28, 2021, will be allowed to remain on their existing contracts until their next expiration date, at which time that contract will automatically be discontinued, and the customer will be moved to the applicable standard rate unless a new contract is executed. Contract PGA charges will be utilized, but no other gas rider charges will apply unless contracted for. (j) Propane (LP) Gas Vehicle Service (Rate LPV): Propane gas service for fleet vehicle fueling. This is a contract rate approved by the City Manager or designee. Provision of this service must fall within the normal construction feasibility formula to insure a profitable payback [GM19-2064-094/263624/1] Ordinance No. 9433-21 Page 16 to the city. Note: This rate is not applicable for residential or small general service rate applications (fewer than 20,000 gallons of annual use for the customer’s fleet vehicles). LPV services will be on a separate account servicing exclusively fleet fueling facilities. Monthly customer charge. $40.00 for general service applications only if a customer charge is not already being billed on another metered account at the premise on a firm rate schedule. Non-fuel energy charge. Per gallon as established by contract, which includes any applicable customer-specific or public, fill station facilities charges required to provide this service. Minimum monthly bill. Monthly customer charge plus any applicable monthly facilities contract charges for special facilities, metering or fleet conversion costs required to provide this service. Standard PGA charges will be utilized but no other gas rider charges will apply unless contracted for. Note: The total energy charges for this service including all adjustments, facilities charges, taxes, etc., may be expressed as a rate "per gallon equivalent of gasoline." (k) Commercial Propane Metered Gas Emergency Generator or Other Standby Service (Rate LPSM): LP gas service to an account separately established for back-up service, where no other substantial gas service is used for year-round purposes. Monthly customer charge . . . . . . $50.00 Non-fuel energy charge: Per gallon . . . . . . . . . . . . . . $1.00 Minimum monthly bill . . . . . . . . . . $50.00 Initial metered usage charge. A one-time charge for the number of gallons required to initially fill the LP tank (size as requested by the customer). (l) Commercial Propane Bulk-Delivered Gas Emergency Generator or Other Standby Service (Rate LPSB): LP gas service to an account separately established for back-up service, where no other substantial gas service is used for year-round purposes. [GM19-2064-094/263624/1] Ordinance No. 9433-21 Page 17 Annual customer charge . . . . . . . $420.00 Non-fuel energy charge: Per gallon . . . . . . . . . . . . . . . $1.00 Initial delivery charge. A one-time charge for the number of gallons required to initially fill the LP tank (size as requested by the customer) plus the initial annual customer charge. Standard PGA charges will be utilized, but no other gas rider charges will apply unless contracted for. (m) Effect of Energy Conservation Measures on Usage Classes in (a) and (b) above: Should the customer install a more energy efficient appliance or appliances while a customer of CGS and this causes their usage to drop, such that their Usage Class would change thereby increasing the Annual Customer Charge and/or the Non-Fuel Energy Rate, then the estimated effect of the more efficient appliance on annual usage may be added to the actual annual usage to determine the customer’s applicable Usage Class. This is intended to ensure that the customer is not adversely impacted for such energy efficient installation. (3) Other gas charges. The following charges and fees may also be applied to customers of CGS served under an applicable natural gas or propane (LP) gas service rate: (a) Facilities contract charge (rider FCC): A rider applicable to any of the above rates to cover installation of facilities beyond those typically provided to other customers of the class or beyond the costs incorporated into the applicable gas rate. On-going FCC charges.... A monthly flat or per unit consumed charge calculated to cover the on-going estimated maintenance costs associated with the special or additional facilities. These charges will be contractual and subject to annual revisions upward based on the CPI index or based on a revised cost calculation at the discretion of the City Manager or designee. [GM19-2064-094/263624/1] Ordinance No. 9433-21 Page 18 Time-limited FCC charges.... A monthly flat or per unit consumed charge calculated to cover the costs associated with additional facilities as requested by the customer, excess main and service construction costs which do not meet the construction feasibility formula, or appliance/equipment sales costs. Such charges may include other applicable costs associated with furnishing the requested facilities, including financing costs. Where such FCC charges result from the additional costs incurred by CGS at the request of the developer to achieve feasibility, such FCC charges are binding upon the future customers/occupants of such applicable accounts for the period necessary to meet the feasibility calculation for the project. Public fill station facilities charge.... A natural gas per therm or propane (LP) per gallon charge calculated to recover the common facilities costs to provide such service. This will be calculated and may be updated from time-to-time by the gas system and approved by the City Manager or designee. (b) Purchased gas adjustment (rider PGA): A rider applicable to all natural gas therm rates and propane (LP) gallon rates to recover the cost of CGS’s purchased gas supply, including losses and use by gas system facilities/equipment and other applicable expenses. The currently calculated PGA rates for all rate schedules, unless specifically broken out by contract, are: Natural gas firm standard rate schedule PGA, per therm. . . . $0.63 Natural gas interruptible and contract (non-standard) rate schedule PGA, per therm . . . $0.53 Propane (LP) gas rate schedule [GM19-2064-094/263624/1] Ordinance No. 9433-21 Page 19 PGA, Per gallon . . . $1.39 The above PGA rates are based on the weighted average cost of gas (WACOG) as currently approved for March 1, 2021. These PGA rates will normally be adjusted annually in October and may be adjusted upward or downward from time-to-time with the approval of the City Manager or designee based on actual and projected supply costs and projected consumption levels in order to recover the total cost of the gas system's supply plus all costs attributable to the acquisition of system supply gas and other applicable expenses. The over or under recovery of these PGA costs will be computed monthly and an adjustment in the PGA rate will be made at the discretion of the City Manager or designee. The differential between the Natural Gas firm standard rate schedules PGA and the Natural Gas Interruptible and contract (non-standard) rate schedules PGA will be established and approved by the City Manager or designee for each annual period based on the available records for the most recent 12 months. This differential will typically be computed by dividing the transmission pipeline "reservation charges" component of the WACOG by the therms sold to all of the natural gas firm rate schedules. The gas system may also segment specific gas purchases for specific targeted customer(s) based on contract. Additionally, a fixed monthly amount may be added to the customer charge of applicable classes of natural gas service rates to recover the estimated impact of the added costs associated with gas purchased through a third-party transporter (including generally east of the Suncoast Parkway in Pasco County). These added monthly customer charges shall be credited to the overall PGA recovery account and will be initially set at: Residential ……………………………………….. $ 8.00 per month Small General Service & Multi-Family ..………. $ 15.00 per month Medium General Service & Multi-Family … ….. $ 30.00 per month Large General Service & Multi-Family ………... $ 65.00 per month Interruptible Service …………………………….. $150.00 per month Contract Rates --- Apply the same as the normal class of customer using the above schedules based on usage level Similarly, a differential between LP Gas standard rates and contract LP rates may be computed to exclude a portion of the other costs attributed to LP PGA other than physical gas. This differential will be calculated by the Gas System Executive Director annually based on historical costs and will be approved by the City Manager or designee. The gas system may also segment specific LP gas purchases for specific targeted customer(s) based on contract. [GM19-2064-094/263624/1] Ordinance No. 9433-21 Page 20 These added monthly customer charges may be adjusted upward or downward from time-to-time with the approval of the City Manager or designee based on actual and projected added PGA costs. (c) Energy conservation adjustment (rider ECA): A rider applicable to all firm standard (non-contract) natural gas therm rates and non- contract propane (LP) gallon rates to recover the cost of energy conservation programs undertaken by CGS as approved by the Gas System Executive Director. The ECA will not be applied to interruptible natural gas or other non-standard contract rates. The currently calculated ECA rates are: Natural Gas Rate Schedule ECA, per therm . . . .$0.18 Propane (LP) Gas Rate Schedule ECA, per gallon . . . $0.18 The above ECA rates are as currently approved for March 1, 2021. These ECA rates will normally be reviewed annually in October and may be adjusted upward or downward from time-to-time with the approval of the City Manager or designee based on actual and projected energy conservation program costs and projected consumption levels in order to recover the total cost of applicable gas system programs, including energy conservation incentive payments as well as the applicable labor and other costs attributable to such energy conservation programs and other applicable expenses. The over or under recovery of these ECA costs will be computed and an adjustment in the ECA rate will be made at the discretion of the City Manager or designee. (d) Regulatory imposition adjustment (rider RIA): A rider applicable to all firm standard (non-contract) natural gas therm rates and non- contract propane (LP) gallon rates to recover the cost of environmental, operator qualification, distribution integrity, inspection, survey, and other regulatory imposed program requirements imposed on CGS by federal, state or local regulatory agencies. The RIA will not be applied to interruptible natural gas or other non-standard contract rates. The currently calculated RIA rates are: Natural Gas Rate Schedule RIA, per therm . . . . $0.00 Propane (LP) gas rate schedule [GM19-2064-094/263624/1] Ordinance No. 9433-21 Page 21 RIA, per gallon . . . . $0.00 The above RIA rates are as currently approved for March 1, 2021. Note that this RIA rider incorporates the former Environmental Imposition Adjustment (EIA), which covers the environmental project costs as well as the labor and other costs attributable to such environmental projects. This RIA also includes Other Regulatory Adjustment (ORA) charges, such as operator qualification, distribution integrity, required inspections, survey and other regulatory imposed program requirements and regulatory fees imposed on CGS by federal, state or local regulatory agencies. These RIA rates (EIA + ORA) will normally be reviewed annually in October and may be adjusted upward or downward from time to time to reflect the over or under recovery of these RIA costs at the discretion of the City Manager or designee. (e) Usage and Inflation adjustment (rider UIA): A rider applicable to all standard non-contract natural gas therm rates and standard non- contract propane (LP) gallon rates to recover loss of planned base non-fuel revenues to CGS due to changes in use per customer from the test year values as set in the 2020 Gas Rate Study (see below) as well as the change in inflation as measured by the Consumer Price Index for U. S. City average of all urban consumers (CPI-U). The currently calculated UIA rates are: Natural gas rate schedule UIA, per therm . . . . $0.07 for Residential $0.13 for Commercial Propane (LP) gas rate schedule UIA, per gallon . . . . $0.07 for Residential $0.13 for Commercial The above UIA rates are as currently approved for March 1, 2021 and incorporate revenue shortfalls from Fiscal Year 2020 and 2021 prior to this Ordinance being approved. Future UIA adjustments will be based on the current rate ordinance. The UIA rates may be implemented at the sole discretion of the City Manager or designee based on variations from the most recent established Gas Rate Study values: CPI-U as prepared by the U. S. Department of Labor, Bureau of Labor Statistics (basis is August 2020 Gas Rate Study projected index of 249.639) [GM19-2064-094/263624/1] Ordinance No. 9433-21 Page 22 Residential Use per customer based on 185 annual therms/natural gas single-family customer. Note that this factor may be applied to all residential standard (non-contract) rate classes for natural gas as well as propane. Commercial Use per customer based on 5,877 annual therms/natural gas standard and contract general service customers excluding Interruptible customers. Note that this factor may be applied to all general service standard (non- contract) rate classes for natural gas as well as propane. (f) Franchise and other city/county fees recovery clause (rate FFR): A charge levied by CGS on every purchase of gas within a municipality or county area to recover the costs assessed by governmental entities in accordance with the franchise agreement in force between the City of Clearwater and that other governmental entity and including any other otherwise unrecoverable fees, special taxes, payments in lieu of taxes, or other impositions by any governmental entity (including the City of Clearwater) on the services of CGS sold within such municipality or county area. The fees collected within each governmental jurisdiction shall be used exclusively to pay the franchise fees and other governmental fees, taxes, and other impositions levied on services within that governmental jurisdiction. Within the City of Clearwater where a franchise agreement is not in force, the City of Clearwater will levy a six percent (6.0%) payment in lieu of taxes on all gross firm natural gas sales (excluding interruptible) and CGS will bill this in the same manner as if it were a franchise fee. (g) Tax clause (TAX - Various): All taxes due the appropriate governmental entities (such as but not limited to State of Florida gross receipts tax, State of Florida sales tax, county sales tax, municipal utility tax, and others which may be legally levied from time to time on the purchase of gas) will be billed to the customer receiving such service and rendered to the governmental entity in accordance with the applicable statute, ordinance, or other legally enforceable rule. (h) Other miscellaneous gas charges: The following charges are applicable whenever gas services are rendered to the customer: The miscellaneous rates listed in this section may be reviewed and adjusted from time-to-time by the Gas Executive Director, with the approval of the City Manager or designee. Additionally, the Gas Executive Director may approve “Contract Service Charge Rates” [GM19-2064-094/263624/1] Ordinance No. 9433-21 Page 23 for customers who regularly use CGS’ Service & Repair and will contractually subscribe for such use. 1. Meter and/or Pilot light turn-on (Residential): Account for new customers, seasonal reconnects, and after nonpayment disconnect. Scheduled two (2) business days or beyond . . . $ 65.00 Scheduled next business day . . . . . . . . . . . . . . .$ 80.00 Scheduled same business day . . . . . . . . . . . . . .$140.00 2. Meter and/or Pilot light turn-on (Commercial/Industrial): Account for new customers, seasonal reconnects, and after nonpayment disconnect (up to 4 appliances). Scheduled two (2) business days or beyond . . . $135.00 Scheduled next business day . . . . . . . . . . . . . . .$175.00 Scheduled same business day . . . . . . . . . . . . . .$215.00 * Beyond 4 appliances, per each, add $20.00 3. Meter read for account change (no meter turn-on required). Scheduled two (2) business days or beyond . . . $ 50.00 Scheduled next business day . . . . . . . . . . . . . . .$ 65.00 Scheduled same business day . . . . . . . . . . . . . .$140.00 4. Replace broken stop or locks on meters . . . Time and materials 5. Meter or LP Tank Connection or Re-connection to customer- owned piping system . . . Time and materials 6. Relocate gas meter . . . Time and materials 7. Install bumper posts or other necessary protection for meters, LP tanks, or other gas equipment …. Time and materials 8. Standard Time and Labor Rates: Service and Repair, Installation, Maintenance or other work performed by CGS personnel, plus any applicable material charges: 1-person crew . . . $125.00 for Trip Charge and up to 1 hour of labor plus $25.00 for each additional time on-site/quarter hour or portion thereof. Minimum charge is $50.00 for the trip if no labor is performed or if the customer does not show for an appointment. 2-person crew. . . $195.00 for Trip Charge and up to 1 crew hour of labor plus $40.00 for each additional time on- site/quarter hour or portion thereof. Minimum charge is [GM19-2064-094/263624/1] Ordinance No. 9433-21 Page 24 $80.00 for the trip if no labor is performed or if the customer does not show for an appointment. The above Time and Labor Rates are based on work within the CGS Natural Gas Service Territory. Where customers request work to be done outside of the normal CGS Service Territory . . . Added time will be assessed for the travel to and from the Territory border to the Customer’s Site. The time and trip charges associated with providing all quotes and developing plans will be added to the cost of the billed job. 9. Overtime surcharge for all work including installation, service and repair, and maintenance as requested by the customer for after operational hours, including weekends and holidays . . . Double normal applicable charges 10. Overtime surcharge for call-out turn-ons or lighting of pilots as requested by the customer for after operational hours, including weekends, and holidays . . . Double same day charge 11. Special meter reading at customer request, as scheduled by CGS, including billing inquiries where reading is determined to be accurate (per account) . . . . . . . . . . . . . . . . . . . $50.00 12. Gas meter test at customer request, as scheduled by CGS, if results are within limits (per meter) . . . . . . . . . $150.00 13. Reset residential gas meter after same customer requests removal (per meter), as scheduled by CGS . . . $150.00 14. Unauthorized tampering meter bypass or hookup . . . Time and materials plus ten percent (10%) of the average monthly bill for each day since last reading deemed to be accurate 15. Emergency response for non-CGS consumers or other utilities . . . Time and materials 16. Propane Fuel recovery and ownership of L.P. gas from tank . . . Time and materials. The LP fuel in the tank is non-refundable. If the customer provides an approved for service, listed LP gas container, then we will transfer as much LP gas as practical. Full abandonment and/or removal of buried LP tank is at CGS’ sole discretion. If the underground tank is removed, then any required landscaping or [GM19-2064-094/263624/1] Ordinance No. 9433-21 Page 25 site restoration is the responsibility of the customer. If the tank is abandoned on-site, CGS will make it safe by removing the gas and filling it with water (water provided by the customer) and the tank ownership then becomes the customer. Tanks will be considered out of service and fuel abandoned by the customer if container is on site more than 12 months without a contract for service or paying entity for the annual customer charge. In such case, CGS will, at its sole discretion, either remove or abandon the tank. Other services not normally provided including work on customer property beyond the meter outlet or the outlet of the second stage LP regulator, such as for gas leak surveys, Cathodic protection corrosion control, customer-owned gas line locating; any related repairs to the customer facilities or master-metered gas distribution systems as required by regulation as well as any work required to correct deficiencies or any work required to move facilities. . . . Time and materials 17. Collector fee: See Appendix A - Public Works Utility Tariffs, Section (4)(a)3 18. Dishonored check service fee: See Code of Ordinances, Section 2.528 19. Missed appointment - Customer not present at time as arranged or equipment not accessible. Residential and Commercial . . . $50.00 20. Residential “Will Call” and special request delivery Propane Gas Service trip charges for early delivery: $55.00 trip charge if the customer requesting scheduled delivery for 2 business day out and no more than 4 business days $75.00 trip charge for next business day delivery $150.00 trip charge for same business day delivery service requests during normal business hours $250.00 trip charge for all “call out” fills received after 3:30 pm on normal operational days, or on holidays, or on weekends. Trip charges will be applied even if LP tank is inaccessible or customer is not present when required (CGI). [GM19-2064-094/263624/1] Ordinance No. 9433-21 Page 26 21. A minimum fill charge of $100.00 for bulk, “Will Call” or metered delivery customers that request a delivery, in fewer than 4 business days. “Will Call” or special request delivery charges will also apply. 22. Leak investigation (make safe only) . . . No charge If turn-on of pilots the applicable charges apply Additional repairs . . . Time & Materials 23. Special seasonal gas turn-on.... The City Manager or designee is authorized to reduce or eliminate the normal gas turn-on charge to attempt to levelize the workload at the beginning of the heating season. 24. Pipeline Damage Claims Any person or company who actively engages in excavating, boring, tunneling, horizontal directional drilling, backfilling, digging, removal of above ground structures by mechanical means and other earth moving operations, within CGS service territory, shall be required to notify the one call notification system 48 hours excluding weekends and holidays before digging commences (References Florida Statutes §556 and OSHA 1926.651). If a person or company causes damage to an above or underground pipeline facilities owned by CGS and through negligence or accident or otherwise has been deemed liable for the damages, then that entity shall be responsible for all costs associated with the damage. This will include the cost of gas lost (billed at the purchased gas adjustment rate), time and materials to repair the damage, all labor costs associated with turning off and on gas accounts that were affected as a result of the damage, and any third party claims plus administrative costs. The party or parties responsible shall remit payment for all claims directly to CGS upon receipt of invoice or notification of the City of Clearwater Risk Management Department. (4) Gas contract and rate application policies: The following represent policies of the City of Clearwater as applied by CGS: [GM19-2064-094/263624/1] Ordinance No. 9433-21 Page 27 (a) Uniformity of rate and service application: To the extent that the customer requests a review of his/her rate account, all rates, charges and contract provisions are intended to be consistently and uniformly applied to all customers of the same type with the same usage characteristics, fuel options, and equipment capabilities. Any customer who feels that they have been treated unjustly and is unable to resolve the dispute CGS personnel and management has full access to the normal City of Clearwater utilities dispute resolution process as defined in the City Code of Ordinances, Chapter 32, Section 32.004. (b) Contract rate level determination: It is the policy of CGS to offer a customer or potential customer who currently uses or has access to an alternate energy source and has the capability to use this alternate energy source, or is otherwise deemed to be a threat to discontinue gas usage, a rate level adequate to acquire or preserve the gas load, provided that such a rate application provides a profit margin to CGS greater than the capital investment to serve such a customer as outlined in section (4)(d)2 below and the alternative energy source generates more greenhouse gas emissions than natural gas. (c) Rate schedule reductions or minor changes: The City Manager is authorized to reduce the billing charge(s) for any rate schedule(s) or to make minor rate schedule modifications in keeping with achieving the "cost of service based rates" as recommended in the most recent rate study done for CGS. (d) Main and service extension construction feasibility: Whenever a prospective customer requests a new gas service, CGS will extend service to the prospective customer under the following conditions: 1. Design considerations. The extension of gas service to the perspective customer can be reasonably accomplished within good engineering design, access can be secured though easements or right-of-way, and the service will not jeopardize the reliability and/or quality of gas service to existing customers. 2. Main and Service line extension construction feasibility. The maximum capital investment which will be made by CGS to extend main lines and service lines to serve a new customer(s) shall be 10 times the annual Non-Fuel Energy (NFE) Rate times the Calculated Annual Therms/Gallons (CAT/CAG) to be derived from the facilities PLUS 10 times the annual gas customer charge revenues. The formula shall be: [GM19-2064-094/263624/1] Ordinance No. 9433-21 Page 28 10 x (NFE Rate) x (CAT or CAG) + 10 x (Annual Customer Charge Revenues)______ = Maximum Investment for Construction Feasibility In order to qualify for the above CGS Capital Investment, Residential customers must maintain a year-round gas utility account and install a minimum one (1) year-round appliance (i.e., Water heater, furnace, dryer, cooking) AND a secondary gas appliance, which can be year- round or seasonal/intermittent (i.e., pool/spa heating, fireplace, generator, grills) AND have a minimum of 150 CAT/CAG consumption. All appliance consumption amounts (i.e., CAT/CAG) and “year-round” or “seasonal” determination will be set by CGS departmental policy. All line extension feasibilities for commercial and industrial customers will solely rely on the Capital Investment formula listed in this section. 3. Customer contribution required. If the capital construction costs to extend the main and/or service line exceed the Maximum Investment for Construction Feasibility, the developer/customer(s) will be required to either provide a Contribution In Aid of Construction (CIAC) to cover the excess investment amount or satisfy this deficiency by entering into a Facilities Contract Charge (FCC) rider sufficient to cover this deficiency within a period of 10 years. 4. Refund of Customer Contribution in Aid of Construction. a. At the end of the first year following the date on which Gas Service to the customer meter is turned on, at the Customer’s request, CGS shall recalculate the Maximum Investment for Construction Feasibility and determine if any customer CIAC should be refunded. A re-estimation of the annual revenue (considering the actual revenue derived during the first year) shall be used in such recalculation. CGS shall refund to the customer an amount equal to the positive difference (if any) determined by subtracting the Maximum Investment for Construction Feasibility as originally calculated under section (4)(d)2, to the actual revenues received pursuant to the provisions of section (4)(d)2. b. For each additional customer taking Gas Service from any point on an extended Main or Service facilities within a period of two [GM19-2064-094/263624/1] Ordinance No. 9433-21 Page 29 (2) years from the in-service date of a main extension, CGS shall refund to the customer(s), who provided a CIAC, provided this customer requested refund consideration as described in paragraph 4a above, the amount by which the Maximum Investment for Construction Feasibility of the new customer exceeds the cost of connecting such new customer, provided that an additional Main extension shall not have been necessary to serve such additional customer. c. The aggregate refund to any customer made through the provisions of (a) and (b) above shall not exceed the original CIAC of such customer. d. The extension shall at all times be the property of CGS, and any unrefunded portion of said CIAC at the end of two (2) years shall accrue to CGS. 5. Conversion of equipment to natural gas. CGS will provide the “labor only” to convert the customer's existing appliance orifice(s) (if convertible) to accept natural gas at no labor cost to the customer, provided that the customer’s gas use is year-round. The customer will be responsible for the cost of all other related conversion parts such as controls, gas valves, gas safety devices, additional piping, appliance venting, provisions for combustion or make-up air, or to correct any code deficiency, or to provide any required engineering evaluation for unlisted or unlabeled appliances plus the cost of gas inspections and related permits. A commercial or industrial customer must enter into an agreement to exclusively use the natural gas service of CGS for a period to allow for recovery of Clearwater Gas costs; and this amount, when added to the other cost to serve amounts, still renders the project feasible. 6. Relocation of gas service facilities. When alterations or additions to structures or improvements on any premise, roadway right-of-way or public easement, which requires CGS to relocate metering, LP tank, service line, or main line, or when such relocation is requested by the customer, or others, for whatever reason, the customer or others, will be required to reimburse CGS for all or any part of the costs incurred to accomplish such relocation of gas system facilities to remain code compliant and resolve their potential structure conflict. 7. Gas service will be delivered to the customer for each premise at one (1) point of delivery designated by CGS (see City Code of Ordinances, Chapter 32, Section 32.336). CGS highly discourages the installation of multiple meters on the same premise or the use of [GM19-2064-094/263624/1] Ordinance No. 9433-21 Page 30 multiple fuels (natural gas, propane, fuel oil) on such premise. If such installations are justified due to extraordinary circumstances (such as life safety), these must be approved by the CGS Executive Director, and then the multiple meters or fuel sources must be well marked in a permanent fashion. For life safety control purposes, Clearwater Gas will not permit a fuel source (propane or fuel oil) supplied by another company to co-exist on the same premise or commercial occupancy with a Clearwater Gas natural gas service. Section 3. Should any section, paragraph, sentence or word of this ordinance be declared for any reason to be invalid, the same shall not affect the validity of the ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 4. All ordinances or parts of ordinances in conflict herewith are to the extent of such conflict hereby repealed. Section 5. This ordinance shall become effective upon adoption and shall be applicable to all gas bills and services rendered on or after March 1, 2021. PASSED ON FIRST READING _____________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED _____________________________ _____________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ____________________________ _____________________________ Laura Mahony Rosemarie Call Assistant City Attorney City Clerk Natural Gas Rate Study Draft Report / December 17, 2020 CITY OF Clearwater December 17, 2020 Mr. Jay Ravins Finance Director City of Clearwater 100 South Myrtle Ave. Clearwater, FL 33756 Subject: Natural Gas Rate Study Dear Mr. Ravins, Raftelis Financial Consultants, Inc. (Raftelis) is pleased to provide this Natural Gas Rate Study Report (Report) for the City of Clearwater (City) to address the needs facing the City’s natural gas utility. The major objectives of the study include the following: » Evaluate the adequacy of existing rate revenues to support the continued financial sustainability of the natural gas utility going forward; » Determine the cost of serving each customer class in accordance with each class’s use of the natural gas system; » Recommend rate revenue adjustments to better align the cost of serving each class with the revenues generated by that class; and » Recommend rate structure adjustments to better align the City’s rate structure with industry best practices for natural gas utility rates. The Report summarizes our key findings and recommendations. It has been a pleasure working with you, and we thank you and the City staff for the support provided during the course of this study. Sincerely, Bart Kreps Vice President CITY OF CLEARWATER NATURAL GAS RATE STUDY REPORT Table of Contents 1. EXECUTIVE SUMMARY ............................................................ 1 1.1. INTRODUCTION ..................................................................................... 1 1.2. FINANCIAL PLAN .................................................................................. 1 1.3. COST OF SERVICE ANALYSIS ............................................................. 2 1.4. RATE DESIGN ........................................................................................ 3 2. FINANCIAL PLAN ...................................................................... 6 2.1. FINANCIAL PLANNING METRICS & PROCESS ................................... 6 2.2. PROJECTED REVENUES ...................................................................... 7 2.2.1. Existing Rates/Structure ............................................................................................7 2.2.2. Account Growth and usage forecast ........................................................................9 2.2.3. Projected Revenues Under Existing Rates ............................................................ 12 2.3. PROJECTED REVENUE REQUIREMENTS ......................................... 12 2.3.1. Operating Expenses ................................................................................................. 12 2.3.2. Capital Expenditures ................................................................................................ 13 2.3.3. Dividend to City of Clearwater ................................................................................ 14 2.3.4. Cash Flow Forecast ................................................................................................. 15 3. COST OF SERVICE ANALYSIS .............................................. 18 3.1. PROCESS ............................................................................................. 18 3.2. ALLOCATION OF COSTS TO COST DRIVERS .................................. 18 3.3. DETERMINATION OF UNITS OF SERVICE ......................................... 23 3.4. DISTRIBUTION OF COSTS TO CUSTOMER CLASSES ..................... 24 4. RATE DESIGN ......................................................................... 25 4.1. RATE RECOMMENDATIONS .............................................................. 25 4.1.1. PGA ........................................................................................................................... 25 4.1.2. Riders ........................................................................................................................ 25 4.1.3. Market Based Rates ................................................................................................. 26 CITY OF CLEARWATER NATURAL GAS RATE STUDY REPORT 4.1.4. Base Rates ................................................................................................................ 26 4.1.5. Rate Comparison to Neighboring Utilities ............................................................. 28 4.2. BILL IMPACTS ..................................................................................... 28 Report Tables Table 1 – Existing and Proposed Base Rates ................................................................................................. 4 Table 2 – Monthly Bill Impacts .......................................................................................................................... 5 Table 3 – Existing Base Rates ........................................................................................................................... 8 Table 4 – Historical and Projected Customer Account Growth .................................................................. 10 Table 5 – Historical and Projected Customer Usage (Therms) ................................................................... 11 Table 6 – Revenue Under Existing Rates....................................................................................................... 12 Table 7 – Forecast Operating Expenses ........................................................................................................ 13 Table 8 – Annual Debt Service ........................................................................................................................ 14 Table 9 – Capital Improvements Plan ............................................................................................................. 14 Table 10 - Cash Flow Forecast ........................................................................................................................ 15 Table 11 – Pro-forma Income Statement ........................................................................................................ 16 Table 12 – Return on Equity/Rate Base Calculation ..................................................................................... 17 Table 13 – Revenue Requirement Allocation to Cost Drivers (%) .............................................................. 21 Table 14 – Revenue Requirement Allocation to Cost Drivers ($) ................................................................ 22 Table 15 – Development of Distribution Factors .......................................................................................... 23 Table 16 – Distribution of Costs to Customer Classes ................................................................................ 24 Table 17 – Comparison of Cost of Service to Revenue Under Existing Rates .......................................... 24 Table 18 – Existing and Proposed Base Rates ............................................................................................. 27 Table 19 – Rate Comparison to Neighboring Utilities .................................................................................. 28 Table 20 – Monthly Bill Impact ........................................................................................................................ 28 Table 20 – Annual Cost Comparison CGS Gas Service vs. Electric Service ............................................. 29 Report Figures Figure 1 – CGS Cash Flow Forecast ................................................................................................................ 2 Figure 2 – Class Cost of Service vs. Current Revenues ................................................................................ 3 Figure 3 – Current Revenues, Cost of Service and Proposed Rates ............................................................ 5 Figure 4 – Current Revenues, Cost of Service and Proposed Rates .......................................................... 27 CITY OF CLEARWATER NATURAL GAS RATE STUDY REPORT This page intentionally left blank to facilitate two-sided printing. NATURAL GAS RATE STUDY REPORT 1 1. Executive Summary 1.1. Introduction The City of Clearwater, Florida, (the City) owns and operates the Clearwater Gas System (CGS), which serves approximately 28,000 customers in Pinellas and Pasco Counties. The City engaged Raftelis Financial Consultants, Inc. (Raftelis) in collaboration with Navillus Utility Consulting, LLC (Navillus) (collectively, the Raftelis Team) to conduct a comprehensive financial planning, cost of service and rate design study. The Raftelis Team worked closely with City staff develop an understanding of the financial and operational characteristics of the CGS system in order to develop appropriate assumptions and reasonable allocations. The primary outcomes of this study are rate recommendations which sustainably fund CGS operations, reasonably align cost recovery (i.e., what CGS charges customers) with cost incurrence (i.e., how those customers use the CGS system) and improve alignment with industry best practices for natural gas ratemaking. Developing these recommendations involves the following 3 steps: 1. Establish the overall level of revenue needed to fund CGS operations in a financially sustainable manner (Financial Plan) 2. Determine the cost of serving each customer class in accordance with each class’s use of the gas system (Cost of Service Analysis) 3. Calculate rate adjustments to better align the cost of serving each class with the revenues generated by that class and improved alignment with industry best practices (Rate Design). 1.2. Financial Plan Process The financial plan conducted for this study evaluated whether CGS’s existing revenue levels were appropriate, given projected operating and capital expenditures and defined financial performance metrics. This evaluation involved detailed projections of revenues and expenditures based on CGS’s customer billing data, budget, capital improvement plan and actual historical financial performance. Appropriateness for the purposes of this study was measured in terms of reserve levels, debt service coverage ratios, return on rate base and return on equity. CGS’s rate structure for customers receiving firm natural gas service consists of three distinct groups of charges: a purchased gas adjustment (PGA) rate, rate riders and base rates. The PGA rate is the mechanism by which CGS recovers the cost of natural gas it purchases and distributes to customers. The energy conservation adjustment (ECA) is designed to recover costs associated with energy conservation and demand management. The usage and inflation adjustment (UIA) is designed to mitigate operational and financial risk associated with fluctuations in demand and inflationary cost increases. The Regulatory Imposition Adjustment (RIA) is designed to recover the cost of regulatory imposed programs. The final component of CGS’s rate structure are the base rates (customer charge and commodity charge), which effectively recover all other costs of distributing natural gas to customers. The base rates were the primary focus of the cost of service analysis discussed below. The Raftelis Team worked with City staff to develop a projection of future account and customer growth with consideration for potential impacts associated with the novel coronavirus pandemic (COVID-19). These demand projections were used to calculate revenues based on CGS’s existing rate structure for comparison with projected operating and capital expenditures over a five-year forecast period. The sufficiency of projected revenues was then assessed based on established financial metrics targeting liquidity, debt management, and rate of return. 2 CITY OF CLEARWATER Findings and Recommendations Existing CGS revenues are sufficient to fund ongoing operations and capital renewal, replacements, and improvements while maintaining adequate reserve levels and debt service coverage. Forecasted revenues generated based on existing rates produce a reasonable rate of return for City of Clearwater taxpayers, consistent with rates of return provided to private, regulated natural gas utilities. Figure 1 summarizes the financial plan over the five-year forecast period. Figure 1 – CGS Cash Flow Forecast 1.3. Cost of Service Analysis Process While the financial plan determines the overall level of rate revenue necessary to support the gas system, the cost of service analysis determines what proportion of that overall requirement should be recovered from each of the City’s customer classes. The driving principal of a cost of service analysis is to allocate costs to users in proportion to their use of the gas system and services provided by the CGS. For this study, costs were broken down between commodity related costs (the cost of meeting annual system requirements), capacity related costs (the cost of meeting peak demand), customer related costs (the cost of connecting and serving individual customers) and direct costs (costs related to specific cost centers and rate riders). Typically, a cost of service analysis is performed using projected annual costs for a specific future year, referred to the “test year.” For this study, the City’s fiscal year ending September 1, 2021 (FY 2021) was used as the test year. Findings and Recommendations After allocating test year costs of service to the various customer classes on the basis of units of service, our analysis revealed that the residential and commercial classes may need rate adjustments to cover their costs of service. Current residential revenues are not sufficient to cover the costs allocated to the class. This under recovery of costs by the residential class is offset by an over recovery by commercial classes. As a result, rate revenues should be adjusted to appropriately reflect the cost-of-service results. Figure 2 presents a comparison of the class cost of service study for base rates compared to current revenues. Given the current variance between revenue generation and cost of service, we recommend a gradual movement towards cost of service, using a phase-in approach. NATURAL GAS RATE STUDY REPORT 3 Figure 2 – Class Cost of Service vs. Current Revenues 1.4. Rate Design Process The objective of rate design is to reasonably and fairly set rates to recover the net revenue requirement in a manner aligned with utility pricing objectives and industry practices. Although recovering the revenue requirement is the ultimate goal, rates must be reasonable and remain competitive with neighboring utilities. In the case of CGS, it is more prudent to establish a directional goal of achieving cost of service over time by implementing incremental shifts towards customer class parity while remaining competitive with neighboring utilities and fuel alternatives. Findings and Recommendations Based on the results shown above, CGS’s rate revenue is adequate to meet its operating needs over the forecast period. However, individual class rates could be adjusted to improvement alignment between CGS’s cost to serve each class and the revenues recovered from that class. The following summarizes our recommendations. Purchased Gas Adjustment The PGA is reviewed by CGS monthly and adjusted periodically based on actual and projected gas supply costs, other applicable expenses, and projected demand. As such, the Raftelis Team does not recommend a specific PGA rate as part of this study. However, we do recommend the following modifications to the calculation methodology. First, all customer service costs recovered in the PGA should be shifted for recovery in base rates via the customer charge. Second, the PGA should not include the under-recovery of ECA costs not assessed to non-standard and contract customers. Riders The ECA is applicable to all firm natural gas customers but not assessed to non-standard and contract customers. Current rate ordinances allow the City to collect this portion of ECA costs through the PGA. The Raftelis Team recommends the ECA be calculated based on customers that pay it rather than shifting a portion to the PGA. The UIA should be remain at the current level and adjusted as necessary to account for changes in inflation and customer usage. The UIA should reset to $0.00 at the beginning of FY 2022. The RIA should be set to $0.00 until the surplus currently generated by this rate is exhausted, then set to recover budgeted regulatory imposition costs. All customer service costs recovered in the ECA and RIA should be shifted for recovery in base rates via the customer charge. 4 CITY OF CLEARWATER Base Rates Our recommendation is that the current customer charge for single-family residential be increased from $12.00 to $16.00. The commodity charge for single-family residential should remain the same at $0.44. The customer charge for small, medium and large commercial classes should remain the same at $25.00, $40.00 and $95.00, respectively. The commodity charge for small, medium and large commercial classes should all decrease $.04 to $0.38, $0.34 and $0.30, respectively. We also recommend that Central Pasco customers continue to pay the Pasco Surcharge in addition to the customer charge monthly. The Pasco Surcharge results in an additional $8.00 for single-family, $15.00 for small commercial, $40.00 for medium commercial, and $65.00 for large commercial monthly. Tables 1 and 2 present the proposed base rates and customer bill impacts, respectively. These rate recommendations still lead to an under-recovery for single-family residential and represent a phase-in to cost of service. Future rate changes are likely to achieve cost of service in a gradual way as to avoid rate-shock for CGS customers. Figure 3 presents customer class revenues under current rates, cost of service and under the proposed rates shown in Table 1, which reflect the proposed phase-in approach. Note that these recommendations are revenue neutral in that they are designed to recover the same amount of revenue as CGS’s existing rate structure, with the only difference being the distribution of revenue recovery between classes and rates. Table 1 – Existing and Proposed Base Rates Pinellas & West Pasco Central Pasco Pinellas & West Pasco % Change Central Pasco % Change Single-Family Customer Charge Month 12.00$ 20.00$ 16.00$ 33%24.00$ 20% Commodity Charge Therm 0.44$ 0.44$ 0.44$ 0%0.44$ 0%// Small Multi-Family Customer Charge Month 25.00$ 40.00$ 25.00$ 0%40.00$ 0% Commodity Charge Therm 0.44$ 0.44$ 0.44$ 0%0.44$ 0%# IV/0!# IV/0! Medium Multi-Family Customer Charge Month 40.00$ 70.00$ 40.00$ 0%70.00$ 0% Commodity Charge Therm 0.44$ 0.44$ 0.44$ 0%0.44$ 0%// Large Multi-Family Customer Charge Month 95.00$ 160.00$ 95.00$ 0%160.00$ 0% Commodity Charge Therm 0.44$ 0.44$ 0.44$ 0%0.44$ 0%# IV/0!# IV/0! Small Commercial Customer Charge Month 25.00$ 40.00$ 25.00$ 0%40.00$ 0% Commodity Charge Therm 0.42$ 0.42$ 0.38$ -10%0.38$ -10%// Medium Commercial Customer Charge Month 40.00$ 70.00$ 40.00$ 0%70.00$ 0% Commodity Charge Therm 0.38$ 0.38$ 0.34$ -11%0.34$ -11%# IV/0!# IV/0! Large Commercial Customer Charge Month 95.00$ 160.00$ 95.00$ 0%160.00$ 0% Commodity Charge Therm 0.34$ 0.34$ 0.30$ -12%0.30$ -12% Class Code RS NSFD NMFD NLFD SFC SGS MFC MGC LFC LGS Customer Class Per Existing Proposed NATURAL GAS RATE STUDY REPORT 5 Table 2 – Monthly Bill Impacts Note: For illustration purposes, assumes no change from most recent month PGA and riders. Recommendations are designed to be revenue nuetral. Figure 3 – Current Revenues, Cost of Service and Proposed Rates Customer Class Usage (Therms)Existing Proposed $ Change 6 CITY OF CLEARWATER 2. Financial Plan 2.1. Financial Planning Metrics & Process The financial plan establishes the overall level of revenue required to fund ongoing operations and capital repair, replacements, and improvements in a financially sustainable manner. This involves three steps: 1. A forecast of revenue under existing rates, which forms the baseline against which any adjustment of revenues can be considered. 2. A forecast of operation and maintenance (O&M) and capital expenditures. 3. A detailed cash flow forecast which compares revenues and expenditures and evaluates the appropriateness of existing revenues through the context of defined financial metrics. The specific financial metrics used in this study include days O&M expenses, debt service coverage, return on rate base, and return on equity. Days O&M Expenses is a measure of the ability of the utility to deal with unanticipated declines in revenue, emergency expenditures, or general working capital needs without reducing service quality or dramatically increasing rates. The City’s adopted policy for unrestricted utility fund balances (working capital reserves) requires at least six months, or 180 days, O&M expenses. While the number of days a utility will seek to maintain will vary by utility, we typically recommend a minimum of 180 days, which is consistent with City policy. This can be used for working capital (timing differences in revenues and expenditures), temporary revenue shortfalls, or emergency capital repairs. Debt Service Coverage Ratios are a measure of how much current revenues exceed current debt service obligations, after operating expenses have been funded. A ratio above 1 indicates that current net revenues (operating revenues less expenses) are sufficient to meet current debt service obligations with additional free cash flow for capital investment and/or contributions to reserves. A ratio of less than 1 would mean that the utility does not have sufficient current revenues to cover operating expenses and meet debt service payment obligations. Coverage requirements vary by the type of debt issued and bond covenants, as well as an individual utility’s goals for credit ratings. For the purpose of this study, the financial plan developed for the City is based on maintaining a coverage ratio of at least 1.50 times. Return on Rate Base is the measurement of operating profit on investments in assets. It is calculated by dividing operating income (before allowance for dividends and interest on long-term debt) by rate base, or the value of assets less accumulated depreciation (net utility plant). Return on rate base is a common financial metric used by a public service commission when assessing the reasonableness of regulated natural gas utility rates. Return on Equity (ROE) is a subset of return on rate base and measures the profit available for equity holders after creditors have been paid. It is calculated by dividing operating income (after interest on long-term debt) by equity. ROE is also a common financial metric used by a public service commission when assessing the reasonableness of regulated natural gas utility rates; however, a reasonable ROE will differ by utility depending on its capital structure. These various metrics provided a framework to help determine the necessity for revenue adjustments. NATURAL GAS RATE STUDY REPORT 7 2.2. Projected Revenues 2.2.1. EXISTING RATES/STRUCTURE CGS provides natural gas and propane services to residential, commercial and industrial customers in Pinellas and Pasco Counties. CGS’s rate structure for customers receiving firm natural gas service consists of three distinct groups of charges: a purchased gas adjustment (PGA) rate, rate riders and base rates. The purchased gas adjustment (PGA) rate is the mechanism by which CGS recovers the cost of natural gas and propane it purchases to distribute to customers. Purchased gas and propane expenses can fluctuate significantly due to changes in market prices and weather conditions. The cost of these commodity purchases is passed on to CGS customers through the PGA. The PGA is reviewed monthly and adjusted periodically based on actual and projected gas and propane supply costs, all other applicable expenses, and projected demand. Per the City’s ordinance, the adjustment of the PGA to reflect the over or under recovery of costs is made at the discretion of the City Manager or designee. CGS employs different PGA rates for different classes of customers depending on the cost to purchase gas on their behalf, which varies based on service arrangements and location. Most CGS customers pay the firm PGA rate. Interruptible customers pay a reduced PGA, which excludes demand related charges because CGS can interrupt service to these customers during times of peak demand. CGS also employs contract rates for certain customers in situations where the firm rate would not be competitive with other providers. Finally, customers in central Pasco County (generally east of Suncoast Parkway), pay an additional surcharge which reflects the incremental cost of gas purchased to serve them. CGS also has multiple rate riders designed to recover certain costs or mitigate operational risk. Specifically, CGS’ rate structure includes an Energy Conservation Adjustment (ECA), a Usage and Inflation Adjustment (UIA), and a Regulatory Imposition Adjustment (RIA). The Energy Conservation Adjustment (ECA) is designed to recover costs associated with energy conservation and demand management including rebates and incentive programs. The ECA is applicable to all firm natural gas and propane customers. The ECA is reviewed monthly and adjusted periodically based on actual and projected energy conservation program costs and projected demand. The adjustment to the ECA to reflect the over or under recovery of costs is made at the discretion of the City Manager or designee. The Usage and Inflation Adjustment (UIA) is designed to mitigate operational and financial risks associated with fluctuations in demand and inflationary cost increases. The UIA is applicable to all firm natural gas and propane customers. The UIA may be implemented at the discretion of the City Manager or designee based on variations in estimated use per customer and inflationary assumptions identified in this rate study. The UIA forecasted revenues are based on an August CPI of 249.6391 and an assumed increase of 2.5% annually. The Regulatory Imposition Adjustment (RIA) is designed to recover the cost of environmental, operator qualification, distribution integrity, inspection, survey, and other regulatory imposed program requirements. The RIA is appliable to all firm natural and propane customers. The RIA is normally reviewed periodically and adjusted to reflect the over or under recovery of costs at the discretion of the City Manager or designee. 1 Consumer Price Index all items in South urban, all urban customers, not seasonally adjusted. 8 CITY OF CLEARWATER The final components of CGS’s rate structure are the base rates. The primary2 customer classes served under the base rates fall into the categories indicated in Table 3. The size distinction (small, medium, large) is based on the average annual throughput of the customer. As noted above, the PGA rate is the mechanism by which the purchase of gas is recovered. The rate riders are intended to isolate the recovery of specifically defined costs in order to mitigate operational risk. Base rates, by contrast, are intended to recover CGS’s cost of distributing natural gas to customers after PGA and rider specific costs have been excluded. In other words, while the PGA and rider related costs are specifically defined, the costs recovered by the base rates are driven by demands placed on the CGS system by customers, which drive the design and operation of that system. Therefore, it is appropriate to design the base rates around each customer class’s proportionate contribution to these demands. Accordingly, the base rates are the focus of the cost of service analysis in Section 3. Table 3 – Existing Base Rates 2 In addition to the rates shown below, CGS employs a variety of market based rates including propane rates, natural gas vehicle sales, contract rates and interruptible rates. Customers served under the market based rates have alternatives to CGS service. Accordingly, CGS sets these rates to be competitive with other providers. Customer Class Per Pinellas & West Pasco Central Pasco Single-Family (RS) Customer Charge Month 12.00$ 20.00$ Commodity Charge Therm 0.44$ 0.44$ Small Multi-Family (NSFD) Customer Charge Month 25.00$ 40.00$ Commodity Charge Therm 0.44$ 0.44$ Medium Multi-Family (NMFD) Customer Charge Month 40.00$ 70.00$ Commodity Charge Therm 0.44$ 0.44$ Large Multi-Family (NLFD) Customer Charge Month 95.00$ 160.00$ Commodity Charge Therm 0.44$ 0.44$ Small Commercial (SFC, SGS) Customer Charge Month 25.00$ 40.00$ Commodity Charge Therm 0.42$ 0.42$ Medium Commercial (MFC, MGS) Customer Charge Month 40.00$ 70.00$ Commodity Charge Therm 0.38$ 0.38$ Large Commercial (LFC, LGS) Customer Charge Month 95.00$ 160.00$ Commodity Charge Therm 0.34$ 0.34$ NATURAL GAS RATE STUDY REPORT 9 2.2.2. ACCOUNT GROWTH AND USAGE FORECAST To forecast revenue under existing rates, Raftelis worked with City staff to develop projections of future account growth and customer usage. Customer account growth is influenced by development within the CGS service area as well as customer conversion to natural gas from propane and electric service. Over the past decade, the City has experienced a consistent increase in natural gas customers that has expanded more rapidly over the past several years. The expansion of the system has, and continues to be, a priority identified in the City’s strategic plan, which targets goals for annual account growth through fiscal year (FY) 2025. Specifically, the City’s strategic plan targets a net addition of approximately 2,000 accounts annually. Although current indications suggest continued robust levels of account growth, through discussion with City staff, it was determined that account growth assumed within financial plan should be based on a reasonable level of conservatism, particularly in light of ongoing economic disruptions due to the novel coronavirus pandemic (COVID-19). As such, the financial plan projects a growth of approximately 1,200 accounts annually, which is substantively less than historical trends and the City’s target but reflective of economic uncertainties due to COVID-19. Table 3 presented historical and projected account growth by customer class. Baseline natural gas usage needs to be normalized due to fluctuations in usage arising from weather. Typically, to normalize usage, a regression analysis is performed to assess the correlation between usage and heating degree-days, particularly for weather sensitive customer classes (e.g. residential and small commercial). The correlation can then be used to project usage based on normal or expected heating degree-days, which are based on a historical average. This leads to a normalized usage-per account. Due to data constraints, a full weather normalization analysis was not performed, and a multi-year average of usage-per-account was used for each customer class instead. The financial plan assumes the calculated usage-per-account remains constant over forecast period for all customer classes. Any lost revenue from future decline in usage-per-account, or any usage below the forecast, can be recovered through the UIA. For the purpose of this study, normalized usage per account for firm natural gas single-family residential customers and commercial customers was 185 therms and 5,877. therms, respectively. Tables 4 and 5 present historical and projected usage (therms), respectively. 10 CITY OF CLEARWATER Table 4 – Historical and Projected Customer Account Growth Description FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 Residential Service Single-Family (RS)17,310 18,182 19,463 21,053 22,137 23,299 24,389 25,543 26,765 27,765 Small Multi-Family (NSFD)106 104 103 102 102 102 102 102 102 102 Medium Multi-Family (NMFD)2 2 2 2 2 2 2 2 2 2 Large Multi-Family (NLFD)1 1 1 1 1 1 1 1 1 1 Subtotal Residential Service 17,419 18,289 19,569 21,158 22,242 23,404 24,494 25,648 26,870 27,870 Commercial Service Small Commercial (SFC)103 102 101 100 100 100 100 100 100 100 Medium Commercial (MFC)6 5 5 5 5 5 5 5 5 5 Large Commercial (LFC)- - - - - - - - - - Small Commercial (SGS)1,860 1,903 1,956 2,005 2,054 2,104 2,155 2,208 2,256 2,305 Medium Commercial (MGS)112 112 113 115 118 120 123 126 128 131 Large Commercial (LGS)4 4 5 5 5 5 5 5 6 6 Subtotal Commercial Service 2,085 2,126 2,180 2,230 2,281 2,334 2,389 2,445 2,495 2,547 All Other Vehicle (NGV)1 1 1 1 1 1 1 1 1 1 Standby (NSS)35 37 39 43 44 45 46 47 48 49 Lights (SL no Maint.)- 1 1 1 1 1 1 1 1 1 Lights (SL with Maint.)- - - - - - - - - - Air Conditioning 1 1 1 1 1 1 1 1 1 1 Contracts 188 188 188 188 172 172 172 172 172 172 Interruptible 17 17 18 18 18 18 18 18 18 18 Subtotal All Other 242 245 248 252 237 238 239 240 241 242 Grand Total 19,746 20,660 21,997 23,640 24,760 25,976 27,122 28,333 29,607 30,659 4.63%6.47%7.47%4.74%4.91%4.41%4.47%4.50%3.56% NATURAL GAS RATE STUDY REPORT 11 Table 5 – Historical and Projected Customer Usage (Therms) Description FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 Residential Service Single-Family (RS)3,174,691 3,231,402 3,744,841 3,802,055 4,197,296 4,430,413 4,647,552 4,877,944 5,122,524 5,318,641 Small Multi-Family (NSFD)67,285 68,227 69,734 68,514 66,332 66,332 66,332 66,332 66,332 66,332 Medium Multi-Family (NMFD)58,447 61,488 65,074 65,319 64,838 64,838 64,838 64,838 64,838 64,838 Large Multi-Family (NLFD)108 127 130 136 2,973 2,973 2,973 2,973 2,973 2,973 Subtotal Residential Service 3,300,530 3,361,242 3,879,779 3,936,023 4,331,440 4,564,556 4,781,696 5,012,087 5,256,668 5,452,784 Commercial Service Small Commercial (SFC)214,612 206,620 224,823 204,842 207,438 207,446 207,455 207,464 207,470 207,476 Medium Commercial (MFC)74,263 71,592 77,786 70,568 66,657 66,657 66,657 66,657 66,657 66,657 Large Commercial (LFC)- - - - - - - - - - Small Commercial (SGS)7,217,344 7,453,438 7,932,921 7,985,520 8,157,394 8,364,584 8,578,120 8,798,239 8,991,199 9,188,528 Medium Commercial (MGS)2,981,217 2,847,630 2,984,783 2,876,192 3,093,758 3,165,939 3,240,080 3,316,244 3,386,545 3,458,373 Large Commercial (LGS)590,646 580,040 663,706 673,888 725,068 739,570 754,361 769,448 784,837 800,534 Subtotal Commercial Service 11,078,081 11,159,320 11,884,019 11,811,010 12,250,315 12,544,196 12,846,673 13,158,052 13,436,708 13,721,567 All Other Vehicle (NGV)477,771 528,849 743,619 543,853 527,662 538,215 548,979 559,959 571,158 582,581 Standby (NSS)5,529 6,919 13,911 7,396 9,669 9,863 10,062 10,265 10,470 10,680 Lights (SL no Maint.)603 4,680 3,623 - 1,694 1,728 1,762 1,797 1,833 1,870 Lights (SL with Maint.)- - - - - - - - - - Air Conditioning - - 5,696 20,907 5,321 5,321 5,321 5,321 5,321 5,321 Contracts 2,015,645 2,162,956 1,886,749 1,963,374 1,895,992 1,895,992 1,895,992 1,895,992 1,895,992 1,895,992 Interruptible 6,836,099 7,022,297 6,899,299 7,429,515 7,288,220 7,288,220 7,288,220 7,288,220 7,288,220 7,288,220 Subtotal All Other 9,335,648 9,725,701 9,552,897 9,965,045 9,728,557 9,739,339 9,750,336 9,761,554 9,772,995 9,784,664 Grand Total 23,714,259 24,246,263 25,316,695 25,712,078 26,310,311 26,848,091 27,378,704 27,931,693 28,466,371 28,959,015 2.24%4.41%1.56%2.33%2.04%1.98%2.02%1.91%1.73% 12 CITY OF CLEARWATER 2.2.3. PROJECTED REVENUES UNDER EXISTING RATES Given the growth in accounts and usage over the forecast period, both fixed and variable revenues are projected to increase. Table 6 shows projected revenue based on existing rates over the five-year forecast period. In addition to natural gas sales, there are other ancillary sources of revenue from propane sales, gas service charges, appliance sales, installation charges, material charges, inspection fees, late payment fees, franchise fees, and gross receipts tax collection. In our projection, we assume that revenues collected for franchise fees and gross receipts taxes are equal to the expenses incurred. Additional information on both franchise fees and gross receipts taxes is provided in Section 2.3.5. Table 6 – Revenue Under Existing Rates 2.3. Projected Revenue Requirements 2.3.1. OPERATING EXPENSES The basis for the operating expense forecast is CGS’s FY 2020 budget. Based on a review of historical actual performance, and through discussions with CGS staff, we reduced the budget to 95% of the approved amounts. We then applied an assumed inflation rate of 2.5% per year to reflect anticipated inflation over the 5-year forecast period. As described above, CGS currently has a UIA rate which is designed to capture any inflation that occurs over time. The rate recommendations presented in this report assume that the UIA will remain at its current level and then reset to $0.00 at the beginning of FY 2022 with adjustments as needed to reflect inflationary impacts. Table 7 shows a summary of CGS’s forecast operating expenses. These expenses fall into 4 broad categories: PGA specific, Rider specific, All Other and Taxes. PGA specific costs include the cost of purchasing gas for customers as well as a portion of other operating costs including customer service and billing costs, administrative costs and a portion of the dividend to the City of Clearwater. As described in further detail in Sections 3 and 4, we recommend that the City shift some of these costs out of the PGA and into the base rates, where they are more appropriately recovered. That said, it is important to recognize that this would not necessarily impact what the customer pays but would improve alignment between the intent of the PGA and the costs which are recovered by it. Description FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 PGA Revenues 20,259,797$ 20,738,421$ 21,210,667$ 21,702,827$ 22,178,690$ 22,617,143$ Rider Revenues ECA 5,030,557$ 5,242,160$ 5,323,214$ 5,406,294$ 5,491,452$ 5,578,738$ RIA - - 381,790 498,169 510,623 523,388 UIA 1,038,528 323,590 477,742 489,686 501,928 514,476 Subtotal Rider Revenues $ 6,069,085 $ 5,565,750 $ 6,182,746 $ 6,394,149 $ 6,504,002 $ 6,616,603 Base Rate Revenues Residential 5,126,261$ 5,396,126$ 5,648,624$ 5,916,166$ 6,199,800$ 6,430,088$ Commercial 5,674,594 5,810,495 5,950,380 6,094,390 6,223,151 6,354,780 Subtotal Base Rate Revenues $ 10,800,855 $ 11,206,622 $ 11,599,004 $ 12,010,556 $ 12,422,951 $ 12,784,868 All Other Revenues Market Driven Revenues 2,374,651$ 2,378,286$ 2,381,997$ 2,385,785$ 2,389,608$ 2,393,509$ Propane Non-Fuel Revenues 550,330 550,330 550,330 550,330 550,330 550,330 Appliance Sales and Service 1,300,000 1,300,000 1,300,000 1,300,000 1,300,000 1,300,000 Other Revenues 3,828,470 2,875,300 2,875,300 2,875,300 2,875,300 2,875,300 Fees and Taxes 2,037,000 2,037,000 2,037,000 2,037,000 2,037,000 2,037,000 Subtotal All Other Revenues $ 10,090,451 $ 9,140,916 $ 9,144,627 $ 9,148,416 $ 9,152,239 $ 9,156,139 Grand Total Revenues 47,220,189$ 46,651,709$ 48,137,044$ 49,255,947$ 50,257,882$ 51,174,753$ -1.20%3.18%2.32%2.03%1.82% NATURAL GAS RATE STUDY REPORT 13 Rider specific costs include the specific costs associated with performing these activities (as described in Section 2.2.1) and a portion of other operating costs including customer service and billing cost, administrative costs and a portion of the dividend to the City. As noted above, the costs associated with these riders are accounted for within specific costs centers in CGS’s detailed budgeting and financial reporting records. Raftelis segmented these costs from the overall budget to ensure that the costs associated with these riders are transparently excluded from base rates. Similar to the PGA, we are recommending adjustments to the calculations of these riders to improve alignment between the intent of the rider and the costs which are recovered by it. All other operating costs include administrative and customer service costs not attributed to the PGA or riders and all other costs related to CGS’s operation of the gas system. Taxes relate to franchise fees and taxes imposed on CGS by governmental jurisdictions within which CGS provides gas service. CGS levies a charge on every purchase of gas within a jurisdiction to recover the costs assessed by governmental entities in accordance with the franchise agreement in force between CGS and other governmental entities. The fees collected within each governmental jurisdiction are used exclusively to pay the franchise fees and other governmental fees, taxes, and other impositions levied on services within that governmental jurisdiction. All taxes due to the appropriate governmental entity (such as but not limited to the State of Florida sales tax, county sales tax, municipal utility tax, and others) which may be legally levied on the purchase of gas are billed to the customers receiving such service. For the purposes of this rate study, franchise fees and taxes are shown as pass- through revenue and expense. Table 7 – Forecast Operating Expenses 2.3.2. CAPITAL EXPENDITURES Capital expenditures are incurred to recapitalize and make additions to gas system assets. For the purposes of this rate study, capital expenditures have been identified on a cash basis, which includes principal and interest payments on debt obligations, rate financed capital, and contribution to reserves. The City has two outstanding debt obligations on the natural gas system including the Series 2013 and Series 2014 revenue bonds. Annual debt service payments for these obligations are approximately $900,000 annually, with a balloon principal payment due on the Series 2013 revenue bonds occurring in FY 2025. Table 8 presents CGS’s annual debt service payments over the forecast period. Description FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 PGA Expense 15,675,941$ 16,067,839$ 16,469,535$ 16,881,273$ 17,303,305$ 17,735,888$ PGA Billing/CS 750,550 769,314 788,547 808,260 828,467 849,178 ECA Expenses 3,242,160 3,323,214 3,406,294 3,491,452 3,578,738 3,668,206 ECA Billing/CS 49,200 50,430 51,691 52,983 54,308 55,665 RIA Expenses 474,164 486,018 498,169 510,623 523,388 536,473 All Other Admin 1,201,627 1,231,667 1,262,459 1,294,020 1,326,371 1,359,530 All Other Billing/CS 185,690 190,332 195,091 199,968 204,967 210,091 All Other Non-Fuel 13,633,260 13,828,029 14,173,730 14,528,073 14,891,275 15,263,557 Taxes 2,037,000 2,037,000 2,037,000 2,037,000 2,037,000 2,037,000 Total 37,249,591$ 37,983,843$ 38,882,514$ 39,803,652$ 40,747,819$ 41,715,589$ 1.97%2.37%2.37%2.37%2.38% 14 CITY OF CLEARWATER Table 8 – Annual Debt Service CGS develops an annual Capital Improvements Plan (CIP) that identifies specific projects the City would like to undertake over the next five years. The current five-year CIP includes replacements and upgrades to the transmission and distribution system, service extensions, expanded energy conservation, completion of the campus rebuild, and other projects. Raftelis worked closely with City staff to develop a plan to finance these future investments. Based on current levels of liquidity and projected free cash flow generated from rates, Raftelis recommends that the CGS CIP be financed entirely with cash. Projects identified specifically for expanded energy conservation should be funded through the ECA. The CIP sources and uses are show in Table 9. Table 9 – Capital Improvements Plan 2.3.3. DIVIDEND TO CITY OF CLEARWATER Per adopted City policy, CGS makes an annual payment to the City in the form of a dividend. The dividend is calculated as 50% of CGS’ prior year net income but not less than $1.7 million. The projected dividend payment in the financial forecast is based on the FY 2020 budget. Transfers between the City owned utility and the City’s general government are common throughout the municipal utility industry. CGS benefits from a wide variety of services Description FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 Gas Refunding Bonds Series 2013 Principal 400,000$ 410,000$ 425,000$ 435,000$ 440,000$ 1,485,000$ Interest 123,272 113,632 103,751 93,508 83,025 72,421 Subtotal Series 2013 523,272$ 523,632$ 528,751$ 528,508$ 523,025$ 1,557,421$ Gas Refunding Bonds Series 2014 Principal 275,000$ 285,000$ 285,000$ 300,000$ 305,000$ 315,000$ Interest 110,271 102,929 95,319 87,710 79,700 71,556 Subtotal Series 2014 385,271$ 387,929$ 380,319$ 387,710$ 384,700$ 386,556$ Grand Total 908,543$ 911,560$ 909,070$ 916,218$ 907,724$ 1,943,977$ Description FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 Uses of CIP Financing Line Relocation Pinellas - Maintenance 25,000$ 25,000$ 25,000$ 25,000$ 25,000$ 25,000$ Gas Meter Changeout - Pinellas Capitalized 250,000 250,000 250,000 250,000 250,000 250,000 Line Relocation Pinellas - Capitalized 300,000 300,000 300,000 300,000 300,000 300,000 Line Relocation Pasco - Maintenance 25,000 25,000 25,000 25,000 25,000 25,000 Pinellas New Mains & Service Lines 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 Pasco New Mains & Service Lines 2,500,000 2,500,000 2,500,000 2,500,000 2,500,000 2,500,000 Gas Meter Change Out - Pasco Capitalized 250,000 250,000 250,000 250,000 250,000 250,000 Line Relocation Pasco - Capitalized 300,000 300,000 300,000 300,000 300,000 300,000 Expanded Energy Conservation 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 Natural Gas Vehicle 200,000 200,000 200,000 200,000 200,000 200,000 Future IMS Software and Hardware 500,000 500,000 500,000 250,000 250,000 250,000 Gas System - Pasco Building 250,000 250,000 250,000 250,000 250,000 250,000 Pinellas Building: Equip R&R 200,000 200,000 200,000 200,000 200,000 200,000 Campus Rebuild 7,300,000 - - - - - Total Uses 16,100,000$ 8,800,000$ 8,800,000$ 8,550,000$ 8,550,000$ 8,550,000$ Sources of CIP Financing PAYGO 14,100,000$ 6,800,000$ 6,800,000$ 6,550,000$ 6,550,000$ 6,550,000$ ECA PAYGO 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 Total Sources 16,100,000$ 8,800,000$ 8,800,000$ 8,550,000$ 8,550,000$ 8,550,000$ NATURAL GAS RATE STUDY REPORT 15 provided by the City but does not pay property taxes. If the City did not provide these services, CGS would need to either hire additional staff to perform the same functions or contract them out. The dividend, in part, recognizes the cost of services provided. It is our understanding that the City’s water and wastewater utilities pay a Payment in Lieu of Taxes (PILOT) based on a percentage of revenues, in recognition of this same concept. In addition, the dividend recognizes the investment City taxpayers have made in order to enter the competitive gas industry. As described in the next section, the dividend provides a reasonable return to City taxpayers in recognition of the investment they have made in the gas utility. 2.3.4. CASH FLOW FORECAST The final step in the financial planning process involves compiling a cash flow forecast and evaluating the appropriateness of CGS’s current revenue levels given the financial performance metrics identified in Section 2.1: days O&M expenses, debt service coverage ratios, return on rate base and return on equity (ROE). Table 10 indicates the cash flow forecast for the 5-year period. As indicated, although projected revenue from existing rates generates a cash deficit over the forecast period, current levels of reserves are above the minimum policy target of 180 days O&M expenses. One of the primary drivers in the reduction of reserves is the completion of the campus rebuild project in FY 2020, which is a large capital investment in various facilities funded entirely with cash. Debt service coverage remains strong and is considerably above minimum policy targets. Table 10 - Cash Flow Forecast Description FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 Revenues PGA Revenues 20,259,797$ 20,738,421$ 21,210,667$ 21,702,827$ 22,178,690$ 22,617,143$ Rider Revenues 6,069,085 5,565,750 6,182,746 6,394,149 6,504,002 6,616,603 Base Rate Revenues 10,800,855 11,206,622 11,599,004 12,010,556 12,422,951 12,784,868 All Other Revenues 10,090,451 9,140,916 9,144,627 9,148,416 9,152,239 9,156,139 Total Revenues 47,220,189$ 46,651,709$ 48,137,044$ 49,255,947$ 50,257,882$ 51,174,753$ Operating Expenses PGA Expense 15,675,941$ 16,067,839$ 16,469,535$ 16,881,273$ 17,303,305$ 17,735,888$ PGA Billing/CS 750,550 769,314 788,547 808,260 828,467 849,178 ECA Expenses 3,242,160 3,323,214 3,406,294 3,491,452 3,578,738 3,668,206 ECA Billing/CS 49,200 50,430 51,691 52,983 54,308 55,665 RIA Expenses 474,164 486,018 498,169 510,623 523,388 536,473 All Other Admin 1,201,627 1,231,667 1,262,459 1,294,020 1,326,371 1,359,530 All Other Billing/CS 185,690 190,332 195,091 199,968 204,967 210,091 All Other Non-Fuel 13,633,260 13,828,029 14,173,730 14,528,073 14,891,275 15,263,557 Taxes 2,037,000 2,037,000 2,037,000 2,037,000 2,037,000 2,037,000 Subtotal Operating 37,249,591$ 37,983,843$ 38,882,514$ 39,803,652$ 40,747,819$ 41,715,589$ Capital Expenditures Debt Service 908,543$ 911,560$ 909,070$ 916,218$ 907,724$ 1,943,977$ PAYGO 16,100,000 8,800,000 8,800,000 8,550,000 8,550,000 8,550,000 Subtotal Capital 17,008,543$ 9,711,560$ 9,709,070$ 9,466,218$ 9,457,724$ 10,493,977$ Total Expenditures 54,258,134$ 47,695,403$ 48,591,584$ 49,269,870$ 50,205,543$ 52,209,565$ Financial Performance Beginning Balance $ 30,871,394 $ 23,833,449 $ 22,789,755 $ 22,335,215 $ 22,321,293 $ 22,373,633 Surplus/ (Deficit) (7,037,945) (1,043,694) (454,540) (13,922) 52,340 (1,034,813) Ending Balance $ 23,833,449 $ 22,789,755 $ 22,335,215 $ 22,321,293 $ 22,373,633 $ 21,338,820 Days Cash 234 219 210 205 200 187 Revenue Bond DSCR 9.97 8.51 9.18 9.32 9.48 3.87 16 CITY OF CLEARWATER In order to assess the projected level of return on rate base and return on equity Raftelis developed a pro-forma income statement shown on Table 11 for the 5-year forecast period. Table 12 indicates the calculated rate of return on equity which is projected to decrease from 8.6% to 7.1% over the forecast period. Since CGS’s capital structure is almost entirely equity, the projected ROE is comparable to what a regulated utility would be granted assuming a similar capital structure. Table 12 also indicates the calculated return on rate base which is projected to decrease from 7.5% to 6.5% over the forecast period. This range is comparable to rates of return granted recently by state public service commissions in regulated natural gas utility rate filings. Also shown is a rate of return calculation including a hypothetical PILOT based on 5.5% of gross revenues, similar to what is paid by other City enterprise funds. This return is more comparable to investor-owned utilities, which would earn a rate of return after paying taxes. If the City were to assess a PILOT to CGS, the projected rate of return would be in the range of 3.75% - 4.75%. This is lower than what is typically granted to regulated utilities. In other words, the return being earned by CGS is not unreasonable with respect to its investor-owned peers. Finally, it is important to note that—unlike investor-owned utilities—the return being earned by CGS does not go to shareholders. It is used to fund general government services that would otherwise by funded by taxes. Based on the above, CGS’s existing revenues are reasonable and produce a fair rate of return for City of Clearwater taxpayers. We recommend maintaining levels of revenue that can be generated based on current rates until the completion of CGS’s next rate study at which point revenue adjustments can be reevaluated. Table 11 – Pro-forma Income Statement Description FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 Revenues 47,220,189$ 46,651,709$ 48,137,044$ 49,255,947$ 50,257,882$ 51,174,753$ Operating Expenses PGA 14,407,361$ 14,767,545$ 15,136,733$ 15,515,151$ 15,903,030$ 16,300,606$ All Other 18,479,431 18,795,354 19,265,238 19,746,869 20,240,540 20,746,554 Taxes 2,037,000 2,037,000 2,037,000 2,037,000 2,037,000 2,037,000 PILOT**- - - - - - Depreciation 3,563,757 3,818,091 4,072,424 4,291,043 4,509,662 4,728,281 Subtotal Operating Expenses 38,487,548$ 39,417,989$ 40,511,395$ 41,590,063$ 42,690,233$ 43,812,441$ Operating Income 8,732,640$ 7,233,720$ 7,625,650$ 7,665,884$ 7,567,650$ 7,362,312$ Non-Operating Rev/(Exp)316,458 333,440 350,931 368,783 387,276 406,024 Income/(Loss) Before Transfers 9,049,098 7,567,160 7,976,580 8,034,667 7,954,926 7,768,335 Dividends to GF (Transfer Out)(3,982,667) (2,533,215) (2,516,973) (2,729,804) (2,652,431) (2,651,247) Net Change in Fund Equity 5,066,430$ 5,033,945$ 5,459,608$ 5,304,863$ 5,302,494$ 5,117,088$ NATURAL GAS RATE STUDY REPORT 17 Financial Plan – Key Findings and Recommendations » Key Findings – 1. Existing CGS revenues are sufficient to fund ongoing operations, capital renewal and replacement while maintaining reserve levels and debt service coverage ratios. 2. Existing CGS revenues produce a reasonable rate of return for City of Clearwater taxpayers. » Recommendations – Maintain level of revenue that can be generated based on existing rates. Table 12 – Return on Equity/Rate Base Calculation Description FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 Return on Equity Income/(Loss) Before Transfers 9,049,098$ 7,567,160$ 7,976,580$ 8,034,667$ 7,954,926$ 7,768,335$ Divided by: Equity 82,487,665$ 88,164,575$ 93,602,151$ 98,596,107$ 103,381,445$ 109,003,164$ Return on Equity 11.0%8.6%8.5%8.1%7.7%7.1% Return on Rate Base Operating Income 8,732,640$ 7,233,720$ 7,625,650$ 7,665,884$ 7,567,650$ 7,362,312$ Divide by: Rate Base 91,057,665$ 96,039,575$ 100,767,151$ 105,026,107$ 109,066,445$ 112,888,164$ Equals: Return on Rate Base 9.6%7.5%7.6%7.3%6.9%6.5% Return on Rate Base Operating Income Above 8,732,640$ 7,233,720$ 7,625,650$ 7,665,884$ 7,567,650$ 7,362,312$ Less: PILOT @ 5.5% Prior Year Revs (2,558,205)$ (2,597,110)$ (2,565,844)$ (2,647,537)$ (2,709,077)$ (2,764,184)$ Equals: Adj. Operating Income 6,174,435$ 4,636,610$ 5,059,806$ 5,018,347$ 4,858,573$ 4,598,128$ Divide by: Rate Base 91,057,665$ 96,039,575$ 100,767,151$ 105,026,107$ 109,066,445$ 112,888,164$ Equals: Return on Rate Base 6.8%4.8%5.0%4.8%4.5%4.1% 18 CITY OF CLEARWATER 3. Cost of Service Analysis While the financial plan determines the overall level of rate revenue required to support the gas utility, the cost of service analysis is one tool that can be used to determine each customer class’s share of rate revenue based on their proportionate share of the system (the customer class revenue requirement). 3.1. Process Cost of service allocations provide a measure of determining the proportionate responsibility of each customer class for the service provided. Analysis of these costs provides guidelines for rate design and for comparing revenue derived by the present rates from each class with the cost associated with providing service. Cost of service allocations are based upon conditions estimated for a test year that reflects typical operations of the gas utility. For this study, the test year is the City’s fiscal year ending September 30, 2021 (FY 2021). Following the development of the test year revenue requirement, the proportion of the total revenue requirement (i.e. O&M and capital) allocable to each customer class must be determined. This allocation represents the level of revenues that should be recovered from each customer class, given the operational demands that class places on the gas utility system. This allocation is performed via the following steps: 1. Allocation of Costs to Cost Drivers 2. Determination of Units of Service 3. Distribution of Cost to Customer Classes 3.2. Allocation of Costs to Cost Drivers Cost drivers represent the types of customer demand which drive variation in CGS’s costs. The costs drivers used for this study are: » Commodity » Capacity » Customer - Readiness to Serve (RTS) » Meters/Regulators » Services » Customer – Accts » Direct (PGA, ECA, RIA) Commodity costs are associated with volumetric throughput. Capacity costs are associated with providing adequate capacity in the transmission and distribution system to meet peak demand. Customer-Readiness to Serve (RTS) costs are associated with extending the distribution system to customers such that service is available to CGS customer 24/7/365 regardless of how much gas is used. Meters/regulators, service lines and customer accounts costs are all associated with delivering, measuring, and administering service at the customer level. As discussed in Section 2.1, CGS has three distinct types of rates: the PGA, riders and base rates. Accordingly, the cost of service analysis segments these costs into these three categories for cost allocation purposes. Table 12 indicates the percentage allocation of each component of the revenue requirement. Table 13 indicates the resulting dollar allocations. NATURAL GAS RATE STUDY REPORT 19 Costs related to the PGA and riders (ECA, RIA) are directly assigned to those cost drivers. This step is necessary to isolate the PGA and rider specific costs to ensure they are not included in the base rates. The one exception is billing and customer service costs, a portion of which have historically been recovered in the PGA and riders. We believe these costs are more appropriately recovered in base rates because they relate to providing service to CGS customers more generally, rather than being specifically related to either the purchase of gas, or the activities covered by the riders. Costs related to base rates are allocated primarily based on CGS’s plant investment (Plant allocator). Raftelis utilized CGS’s plant investment records combined with Navillus’ experiencing conducting detailed evaluations of natural gas assets to develop the plant allocator used to allocate these costs. The use of a plant allocator to allocate costs is common throughout the municipal utility industry and is based on the presumption that CGS incurs operating costs in proportion to the investment in gas infrastructure used to provide service to customers. Costs related to billing and customer service were directly allocated to “Customer – Accts.” Administrative costs and taxes were allocated using a composite allocator based on the allocation of the other operating costs (O&M allocator). In addition to allocating CGS expenses to cost drivers, it is also important to allocate additional sources of revenue recovered by CGS which represent offsets to the revenues which must be recovered from base rates, the PGA and the riders. These are referred to as revenue credits and are indicated on the bottom half of Tables 13 and 14. The primary groupings are as follows: 1. Appliance sales and other services revenues, which represent payments from customers for ancillary services provided by CGS such as the sale and installation of natural gas appliances and plumbing. 2. Market PGA, Market Base Rates and Propane revenues, which are driven by market conditions (and not cost of service), so these revenues are credited against system revenue requirements rather than being included in the cost of service analysis. 3. Taxes which represent a pass-through of revenue collected on behalf of the taxing jurisdictions, accordingly, it is shown as both an expense and a revenue credit. 4. Pasco surcharge revenue, which, as indicated in Section 2.1 represents the recovery of additional purchased gas costs related to serving these customers. In addition to these four categories of credits are a cash flow credit and a margin credit. The cash flow credit accounts for the fact that the FY 2021 test year assumes CGS will use existing cash, rather than current revenues, to fund approximately $1 million in utility expenses. This reduces the amount of revenue needed from customers rates by $1 million. Accordingly, this amount is included as a revenue credit, reducing the amount of revenue needed from customer rates. The margin credit reflects the estimated PGA over recovery relative to the cost basis identified in this study. Based on an annualized rate of $0.89 and the costs attributable to the PGA in CGS’s budget, the PGA recovers an estimated $3.8 million that could be shifted to the base rates. However, as noted previously, costs associated with the PGA change frequently, so the margin credit is likely a timing issue that will be adjusted through a reduction in the PGA subsequent to the analytical phase of this study. To the extent a margin credit exists, CGS should shift the recovery of these costs from the PGA to the base rates. As discussed above, and again in Section 4, our rate recommendations begin this process by shifting the billing and customer service costs that were previously attributed to the PGA, to the base rates. Similar to the treatment of expenses, the revenue credits are allocated based on either direct, plant or O&M allocators. As described throughout this report, the PGA and riders are evaluated on a monthly basis and adjusted such that the rates recover cost of service. Accordingly, the remainder of the cost of service analysis focuses on allocating the 20 CITY OF CLEARWATER portion of the revenue requirement that will be recovered from base rates. As indicated in Table 13, the net revenue requirement for base rates is $11.8 million. NATURAL GAS RATE STUDY REPORT 21 Table 13 – Revenue Requirement Allocation to Cost Drivers (%) Commodity Capacity Customer - RTS Meters/Reg Services Customer - Accts Direct ECA Direct RIA Expenses PGA Expense PGA 100% PGA Billing/CS Cust - Accts 100% ECA Expenses ECA 100% RIA Expenses RIA 100% ECA Billing/CS Cust - Accts 100% ECA PAYGO ECA 100% All Other Admin O&M 4%17%21%37%14%7% All Other Billing/CS Cust - Accts 100% All Other Non-Fuel Plant 6%23%28%23%19%1% Taxes O&M 4%17%21%37%14%7% Debt Service Plant 6%23%28%23%19%1% PAYGO Plant 6%23%28%23%19%1% Subtotal 100.0%2.6%10.6%13.2%12.0%8.8%2.9%38.6%10.3%0.9% Revenue Credits Margin Credit Plant 6%23%28%23%19%1% Cash Flow +/-Plant 6%23%28%23%19%1% Pasco Surcharge PGA/ECA 50%50% Propane PGA PGA 100% Propane Non-Fuel Plant 6%23%28%23%19%1% Propane - ECA ECA 100% Propane - RIA RIA 100% Appliance Sales Plant 6%23%28%23%19%1% Other Revenues Plant 6%23%28%23%19%1% Market PGA PGA 100% Market Base Rates Plant 6%23%28%23%19%1% Taxes O&M 4%17%21%37%14%7% Subtotal 100.0%3.8%15.3%19.2%17.6%12.8%1.4%27.3%2.6%0.1% Net Revenue Req.100.0%1.9%7.6%9.4%8.4%6.3%3.8%45.8%15.3%1.5% Direct PGA Riders Description Allocation Basis Base Rates 22 CITY OF CLEARWATER Table 14 – Revenue Requirement Allocation to Cost Drivers ($) Commodity Capacity Customer - RTS Meters/Reg Services Customer - Accts Direct ECA Direct RIA Expenses PGA Expense 19,881,532$ -$ -$ -$ -$ -$ -$ 19,881,532$ -$ -$ PGA Billing/CS 769,314 - - - - - 769,314 - - - ECA Expenses 3,323,214 - - - - - - - 3,323,214 - RIA Expenses 486,018 - - - - - - - - 486,018 ECA Billing/CS 50,430 - - - - - 50,430 - - - ECA PAYGO 2,000,000 - - - - - - - 2,000,000 - All Other Admin 1,231,667 51,652 206,608 258,260 459,129 172,174 83,843 - - - All Other Billing/CS 190,332 - - - - - 190,332 - - - All Other Non-Fuel 13,828,029 786,054 3,144,214 3,930,268 3,182,898 2,620,179 164,417 - - - Taxes 2,037,000 85,425 341,700 427,125 759,334 284,750 138,665 - - - Debt Service 911,560 51,818 207,270 259,088 209,820 172,725 10,839 - - - PAYGO 6,800,000 386,546 1,546,183 1,932,728 1,565,205 1,288,485 80,853 - - - Subtotal $ 51,509,096 $ 1,361,494 $ 5,445,976 $ 6,807,470 $ 6,176,387 $ 4,538,313 $ 1,488,692 $ 19,881,532 $ 5,323,214 $ 486,018 Revenue Credits Margin Credit (3,813,693)$ (216,789)$ (867,157)$ (1,083,946)$ (877,826)$ (722,631)$ (45,345)$ -$ -$ -$ Cash Flow +/-(1,043,694) (59,329) (237,315) (296,644) (240,235) (197,762) (12,410) - - - Pasco Surcharge (840,365) - - - - - - (420,182) (420,182) - Propane PGA (649,372) - - - - - - (649,372) - - Propane Non-Fuel (550,330) (31,283) (125,134) (156,417) (126,674) (104,278) (6,543) - - - Propane - ECA (89,057) - - - - - - - (89,057) - Propane - RIA (14,843) - - - - - - - - (14,843) Appliance Sales (1,300,000) (73,898) (295,594) (369,492) (299,230) (246,328) (15,457) - - - Other Revenues (2,875,300) (163,446) (653,785) (817,231) (661,829) (544,821) (34,188) - - - Market PGA (4,372,932) - - - - - - (4,372,932) - - Market Base Rates (2,378,286) (135,194) (540,774) (675,968) (547,427) (450,645) (28,278) - - - Taxes (2,037,000) (85,425) (341,700) (427,125) (759,334) (284,750) (138,665) - - - Subtotal $(19,964,872) $ (765,365) $ (3,061,459) $ (3,826,824) $ (3,512,554) $ (2,551,216) $ (280,886) $ (5,442,486) $ (509,239) $ (14,843) Net Revenue Req.31,544,225$ 596,129$ 2,384,517$ 2,980,646$ 2,663,833$ 1,987,097$ 1,207,806$ 14,439,046$ 4,813,975$ 471,175$ Direct PGA Base Rates Riders Description Total NATURAL GAS RATE STUDY REPORT 23 3.3. Determination of Units of Service The next step in the cost allocation process is to summarize the units of service, which are the basis for the allocation of the total revenue requirement to each of the customer classes. Costs are allocated to customer classes in proportion to the class responsibility for use of the gas system. The units used to allocate costs are commodity units, capacity units and customer units. Commodity units are used to distribute costs which are incurred to support average demand and are calculated from annual throughput (dekatherms or dth) to assign commodity related costs to each customer class. Capacity units are used to distribute costs related to peak demand and annual throughput and estimated load factors. Load factors are used to calculate peak demand by showing the ratio of average load to peak load. Similar to an interstate highway system, a gas system must be designed and operated to meet both average and peak demands. Load factors attribute the cost of meeting peak demand with the customers that contribute to peak demand. A perfect load factor is 100%, meaning the customer uses gas at a constant rate without any fluctuations in demand. Load factors are typically estimated using a multivariate regression analysis which ascertains the relationship between temperature and natural gas usage under average conditions then applies it to an assumed low temperature to determine estimated peak demand. Customer data were not available at a sufficiently detailed level to perform this analysis for each customer class. Accordingly, the factors from CGS’s prior study were maintained. Raftelis did perform the regression analysis at a high level (residential and commercial) and confirmed that the existing load factors are reasonable. Customer units are used to distribute costs which are incurred regardless of how much gas a customer uses. These include costs relate to making the gas system available to customers (Customer – RTS), the cost of installing and maintaining meters, regulators and customer service lines and the cost of providing customer service and billing. A weighting factor is used to recognize differences in potential demand and the larger and more expensive equipment typically required to serve larger customers. Table 15 indicates the development of the distribution factors, which represent each customer class’s share of commodity, capacity and customer costs based on their unique demand characteristics. Table 15 – Development of Distribution Factors Annual Usage (dth)%Load Factor Peak Demand (dth/d) %Customers Cust. Factor Weighted Customers % Single-Family (RS)443,041 25.9%13.0%9,370 46.0%23,299 1.00 23,299 81.6% Small Multi-Family (NSFD)6,633 0.4%14.3%127 0.6%102 2.08 212 0.7% Medium Multi-Family (NMFD)6,484 0.4%17.6%101 0.5%2 3.33 7 0.0% Large Multi-Family (NLFD)297 0.0%12.2%7 0.0%1 7.92 8 0.0% Small Commercial (SFC)20,745 1.2%9.9%577 2.8%100 2.08 208 0.7% Medium Commercial (MFC)6,666 0.4%11.4%160 0.8%5 3.33 17 0.1% Large Commercial (LFC)- 0.0%11.4%- 0.0%- 7.92 - 0.0% Small Commercial (SGS)836,458 48.9%31.2%7,337 36.1%2,104 2.08 4,376 15.3% Medium Commercial (MGS)316,594 18.5%40.5%2,144 10.5%120 3.33 400 1.4% Large Commercial (LGS)73,957 4.3%38.5%526 2.6%5 7.92 41 0.1% Total 1,710,875 100.0%20,348 100.0%25,738 28,568 100.0% Customer Class Commodity Capacity Customer 24 CITY OF CLEARWATER 3.4. Distribution of Costs to Customer Classes Table 16 indicates the application of the development of commodity, capacity and customer distribution factors from Table 15. For example, Single Family Residential (RS) customers represent 46% of the capacity units and are allocated 46% of the capacity cost (i.e. $2.4 million x 0.46 = $1.1 million). This process is repeated for each customer class and cost driver to determine class cost of service indicated in the “total” column in Table 16. Table 16 – Distribution of Costs to Customer Classes Table 17 indicates a comparison of the calculated cost of service to revenues under the existing base rates. Cost of service, in total, exceeds revenues under existing rates due to an assumed shift of billing and customer service costs from the PGA and riders to the base rates. In addition, there are significant variances between class cost of service and existing base rate revenue. In general, residential customers (single and multi) are paying less than cost of service and non-residential customers are paying more than cost of service. Section 4 overviews recommended adjustments which CGS could make to improve the alignment between the costs incurred to serve each class and the revenues recovered from that class. Table 17 – Comparison of Cost of Service to Revenue Under Existing Rates Commodity Capacity Customer - RTS Meters/Reg Services Customer - Accts dth dth/d Single-Family (RS)8,461,395$ 154,371$ 1,098,028$ 2,430,878$ 2,172,500$ 1,620,586$ 985,031$ Small Multi-Family (NSFD)82,878 2,311 14,921 22,136 19,783 14,757 8,970 Medium Multi-Family (NMFD)16,135 2,259 11,815 695 621 463 282 Large Multi-Family (NLFD)3,339 104 784 826 739 551 335 Small Commercial (SFC)139,214 7,228 67,561 21,724 19,415 14,483 8,803 Medium Commercial (MFC)26,250 2,323 18,775 1,737 1,553 1,158 704 Large Commercial (LFC)- - - - - - - Small Commercial (SGS)2,505,243 291,452 859,803 456,566 408,037 304,377 185,008 Medium Commercial (MGS)485,437 110,312 251,207 41,785 37,344 27,857 16,932 Large Commercial (LGS)100,139 25,769 61,622 4,299 3,842 2,866 1,742 Total 11,820,029$ 596,129$ 2,384,517$ 2,980,646$ 2,663,833$ 1,987,097$ 1,207,806$ Wtd Cust Customer Class Total Customer Class Cost of Service Existing Rates $ Difference % Difference Single-Family (RS)8,461,395$ 5,304,403$ (3,156,992)$ -37.3% Small Multi-Family (NSFD)82,878 59,786 (23,092) -27.9% Medium Multi-Family (NMFD)16,135 29,489 13,354 82.8% Large Multi-Family (NLFD)3,339 2,448 (890) -26.7% Small Commercial (SFC)139,214 117,158 (22,056) -15.8% Medium Commercial (MFC)26,250 27,730 1,480 5.6% Large Commercial (LFC)- - - 0.0% Small Commercial (SGS)2,505,243 4,144,273 1,639,030 65.4% Medium Commercial (MGS)485,437 1,263,951 778,514 160.4% Large Commercial (LGS)100,139 257,384 157,245 157.0% Total Utility 11,820,029$ 11,206,622$ (613,407)$ -5.2% NATURAL GAS RATE STUDY REPORT 25 Cost of Service Analysis – Key Findings and Recommendations » Key Findings – 1. PGA recovers costs, which could be more appropriately included in base rates. 2. Residential customers are paying less than cost of service 3. Non-Residential customers are paying more than cost of service » Recommendations – 1. Consider shifting revenue recovery from PGA to base rates 2. Consider shifting revenue recovery from non-residential customers to residential customers 4. Rate Design The objective of rate design is to reasonably and fairly set rates to recover the net revenue requirement. While recovering the revenue requirement for each class is the ultimate goal, rates must be reasonable and remain competitive with neighboring utilities. In the case of CGS, for each class to recover the class revenue requirements determined in the cost-of-service analysis, major changes are needed to the rate structure. For single-family residential, the largest class in CGS, this would mean drastic increases that may lead to rate shock for customers. As a result, it is more prudent to establish a directional goal of achieving cost of service over time by implementing incremental shifts toward customer class parity while remaining competitive with neighboring utilities such as Teco/Peoples Gas, Central Florida Gas, Florida City Gas and Florida Public Utilities. 4.1. Rate Recommendations 4.1.1. PGA The PGA is reviewed monthly and adjusted periodically based on actual and projected gas and propane supply costs, all other applicable expenses, and projected demand. As such, Raftelis does not recommend a specific PGA rate as part of this study. However, we do recommend the following modifications to the calculation methodology. First, all customer service costs currently recovered in the PGA should be allocated for recover in the customer charge. Second, the PGA should not include the under-recovery of ECA costs not assessed to non-standard and contract customers (see ECA recommendation below). 4.1.2. RIDERS As discussed in Section 2.3.2, CGS has several rate riders that recover specific costs or designed to mitigate financial and operational risk. Raftelis reviewed the costs allocated to each rider and recommends several calculation modifications for consideration including: Energy Conservation Adjustment The ECA is applicable to all firm natural gas and propane customers but not assessed to non-standard and contract customers. However, based on current rate ordinances the City can collect a portion of ECA costs as part of the PGA, which can be up to one-half of the annual average ECA billing rate. Alternatively, Raftelis recommends the ECA be calculated based customer that actually pay it rather than shifting a portion of this responsibility to the PGA. Raftelis also recommends that all customer service costs currently recovered through the ECA be allocated for recovery in the customer charge. Since the ECA is reviewed by CGS staff on a monthly basis, Raftelis recommends the City adopt the new methodology and then calculate the resulting rate based on actual costs consistent with current practices. 26 CITY OF CLEARWATER Usage and Inflation Adjustment Per City ordinances, the UIA should remain at current levels and then reset to $0.00 in the beginning of FY 2022. As noted previously, the financial forecast is based on an August CPI of 249.639 and an assumed increase of 2.5% annually. Normalized usage per account for firm natural gas single-family residential customers and commercial customers was 185 therms and 5,877 therms, respectively. To the extent that inflation or usage differs from these amounts, the City should adjust the UIA rate, as needed, to account for changes inflation or customer usage. As noted above, the financial forecast assumes and inflationary increase in costs during FY 2021, so it would be expected that the UIA would be used to recover these costs during the test year. Regulatory Imposition Adjustment Based on information provided by CGS staff, the RIA has currently over-recovered its costs by approximately $930,000 through FY 2020. These excess funds are held in reserve. Raftelis recommends the RIA be set at $0.00 per therm until excess reserves are exhausted. The rate can then be recalculated to recover budgeted regulatory imposition costs. Going forward, Raftelis recommends that all customer service costs currently recovered through the RIA be allocated for recovery in the customer charge. 4.1.3. MARKET BASED RATES We are not proposing any changes to the propane or contract rates at this time. CGS should continue to set the market based rates as needed to remain competitive with neighboring utilities and other sources of energy. 4.1.4. BASE RATES As indicated in Section 3, there are significant variances between class cost of service and class revenue generation. In general, we recommend CGS continue to evaluate cost of service and continue to shift (as needed) revenue recovery from non-residential customers to residential customers. An appropriate first step in this shift would be to increase the customer charge for single family customers from $12.00 to $16.00. This rate would be sufficient to recover the costs associated with meters and regulators, customer service lines and customer service and billing costs. Readiness to serve costs would continue to be recovered in the volume rate, which we recommend CGS maintain at $0.44 per therm. These changes accomplish two objectives. First, it moves single family residential customers closer to cost of service which represents an improvement in equity. Second, it increases fixed revenue recovery, which increases the stability of CGS’s revenues. This is important, because, excluding the PGA, the vast majority of CGS’s cost are incurred on a fixed basis. Increasing fixed revenue recovery improves the alignment between cost incurrence and cost recovery, reducing the risk that CGS will under- recover revenues in a lower usage year. Non-residential customer charges should be held constant. The commodity charges for this class should be reduced by $0.04 per therm, which moves these customers closer to cost of service. Similar to the recommendation regarding single family residential rates, this change represents an improvement in equity. Table 18 presents the existing and proposed base rates. Figure 3 presents customer class revenues under current rates, cost of service and under the proposed rates shown in Table 18, which reflect the proposed phase-in approach. Note that these recommendations are revenue neutral in that they are designed to recover the same amount of revenue as CGS’s existing rate structure, with the only difference being the distribution of revenue recovery between classes and rates. NATURAL GAS RATE STUDY REPORT 27 Table 18 – Existing and Proposed Base Rates Note: Central Pasco Surcharge will be maintained Figure 4 – Current Revenues, Cost of Service and Proposed Rates 28 CITY OF CLEARWATER 4.1.5. RATE COMPARISON TO NEIGHBORING UTILITIES As previously mentioned, it is important to compare the City natural gas rates to neighboring utilities to assess overall competitiveness. The following table compares the City’s existing and proposed rates to a regional proxy group including Teco/Peoples Gas, Central Florida Gas, Florida City Gas and Florida Public Utilities. Table 19 – Rate Comparison to Neighboring Utilities Note: Central Pasco Surcharge will be maintained 4.2. Bill Impacts The changes to the rate structure will have impacts on customer monthly bills. Table 20 demonstrates the impact on monthly bills for the CGS’ various customer classes. Due to the increase to the customer charge for single-family residential, low usage customers in that class will see the largest percent increase on their bills. Due to the decrease in the commodity charge in the commercial classes, the largest percent decrease in bills will be seen on the higher users. Table 20 – Monthly Bill Impact Note: For illustration purposes, assumes no change from most recent month PGA and riders. Recommendations are designed to be revenue nuetral. Customer Class Usage (Therms)Existing Proposed $ Change NATURAL GAS RATE STUDY REPORT 29 Another important factor for CGS is remaining competitive against electric utilities. Despite increases for single family residential customers, CGS is still able to save its customers’ money compared to the rates Duke Energy offers for electric service. In Table 20 below, there is a comparison of the recommended CGS rate and the current Duke Energy rate, demonstrating the cost savings offered by natural gas. Table 21 – Annual Cost Comparison CGS Gas Service vs. Electric Service Finally, it is noteworthy that the currently proposed all-in rate of $1.38 per therm represents a decrease from the all- in rate of $1.65 per therm, which was effective in November of 2014. In other words, even with the proposed increase to the residential base rate, the average residential customers’ bill is about the same as it was approximately 6 years ago. Description Clearwater(1)Duke Energy Total Rate per Unit 1.38$ 0.14$ Estimated Energy Use Therms kWh Heating(2)150 2,250 Hot Water 170 5,000 Cooking 45 2,000 Total 365 9,250 Annual Cost Heating 207.00$ 322.34$ Hot Water 234.60$ 716.30$ Cooking 62.10$ 286.52$ Total 503.70$ 1,325.16$ Savings vs. Electric $ Savings % Savings Heating (115.34)$ -35.8% Hot Water (481.70)$ -67.2% Cooking (224.42)$ -78.3% Total (821.46)$ -62.0% (1) Total proposed volumetric rate (2) Electric Assumes 200 percent efficient air to air heat pump and gas assumes 90 percent efficient furnace 2014 Average Bill - $1.65/therm @ 15 therms + $12.00 = $36.75 2021 Average Bill - $1.38/therm @ 15 therms + $16.00 = $36.70 30 CITY OF CLEARWATER Rate Design – Key Findings and Recommendations » Key Findings – 1. 2. Current PGA calculation includes a portion of under-recovery from ECA rate not charged to contract customers. 3. Current ECA rate does not fully recover ECA costs, a portion of which are shifted to the PGA. 4. Current PGA, ECA and RIA calculation includes a portion of billing and customer service costs. 5. RIA revenues have recently exceeded RIA costs, generating a surplus. 6. Residential base rate adjustments could be made while maintaining competitiveness with peer utilities and electric service. » Recommendations – 1. Consider reducing PGA and increasing base rates to align PGA rate with PGA costs. 2. Calculate PGA rate excluding any under-recovery from the ECA. 3. Calculate ECA rate based on the customers that pay it, rather than shifting the under-recovery to the PGA. 4. Maintain current UIA rate and reset to $0.00 in the beginning of FY 2022. 5. Exclude customer service and billing costs from calculation of PGA and riders. Recover these costs in base rates through the customer charge. 6. Set RIA rate to $0.00/therm until surplus is exhausted, then recalculate to recover budgeted regulatory imposition costs. 7. Increase residential customer charge from $12.00 to $16.00 8. Reduce non-residential commodity rates by $0.04 per therm to improve alignment with cost of service. 9. Maintain Central Pasco Surcharges NATURAL GAS RATE STUDY REPORT 31 APPENDIX A: Proposed Rate Ordinance Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9434-21 2nd rdg Agenda Date: 2/16/2021 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 7.6 SUBJECT/RECOMMENDATION: Adopt Ordinance 9434-21 on second reading, vacating an alley described as all of the platted alley lying within Block 10 of Jones Subdivision of Nicholson Addition to Clearwater Blocks 7, 8, 9, and 10, as recorded in Plat Book 4, Page 82 of the Public Records of Hillsborough County, of which Pinellas County was once a part. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 2/15/2021 1 Ord. No. 9434-21 ORDINANCE NO. 9434-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING AN ALLEY, DESCRIBED AS ALL OF THE PLATTED ALLEY LYING WITHIN BLOCK 10 OF JONES SUBDIVISION OF NICHOLSON ADDITION TO CLEARWATER BLOCKS 7, 8, 9 AND 10, AS RECORDED IN PLAT BOOK 4, PAGE 82, OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, WHICH PINELLAS COUNTY WAS ONCE A PART; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City, owner in fee title of real property described and depicted in Exhibit “A”, attached hereto and incorporated herein, finds it appropriate to vacate said alley with no effect upon said fee interest; and WHEREAS, the City Council of the City of Clearwater, Florida finds that said alley 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: The alley described as follows: See Exhibit “A” is hereby vacated, closed and released, subject to the City of Clearwater’s fee interest in the underlying land, which is expressly reserved and unaffected by this vacation. 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. 2 Ord. No. 9434-21 PASSED ON FIRST READING ________________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________ ________________________________ Frank Hibbard Mayor Approved as to form: Attest: ________________________________ ________________________________ Laura Lipowski Mahony Rosemarie Call Senior Assistant City Attorney City Clerk HART STREET HART AVENUE (PLAT) 60' Right-of-Way MYRTLE AVENUERight-of-Way VariesJones Subdivision of Nicholson Addition to Clearwater Hillsborough Plat Book 4, Page 82 Block "9"Block "10" Hart's Addition to Clearwater Harbor Plat Book H1, Page 94 Block "1" ALLEY WIDTH NOT DIMENSIONED ALLEY WIDTH NOT DIMENSIONED RAILROAD30' Right-of-Way(DB 71, PG 143)VACATED HART STREET HART AVENUE (PLAT) Per (OR 6626, PG 429)VACATED EAST AVENUEEAST STREET (PLAT)50' Right-of-Way(OR 20366, PG 2177)Jones Subdivision of Nicholson Addition to Clearwater Hillsborough Plat Book 4, Page 82BLANCHE B LITTLEJOHN TRAILRight-of-Way VariesProposed Alley Vacation The vacation of an alley, as recorded in Plat Book 4, Page 82, of the Public Records of Hillsborough County, which Pinellas County was once a part, described as follows: All of the platted alley lying within Block 10 of Jones Subdivision of Nicholson Addition to Clearwater Blocks 7, 8, 9 and 10, as recorded in Plat Book 4, Page 82, of the Public Records of Hillsborough County, which Pinellas County was once a part. CITY OF CLEARWATER ENGINEERING DEPARTMENT DRAWN BY CHECKED BY DATE DRAWN SEC-TWNSP-RNG DWG. NO.SHEET OFExhibit "A" Kieffer Nyland 12/14/2020 Lgl_2020-17 1 1 09 29 S 15 E Legal Description JONES ST N MYRTLE AVE HART ST BLANCHE B LITTLEJOHN TRL HART ST 703310 410 404 400 402 AERIAL MAP ² N.T.S.Scale: Document Path: C:\Users\Kieffer.Nyland\City of Clearwater\Engineering Geographic Technology - Location Maps\Hart_Street_AlleyVacation.mxd Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Proposed Alley Vacation at Clearwater Gas777 Maple St. Page 1 of 1Aerial Flown 2019 Date:12/15/2020KNMap Gen By: PROPOSED ALLEY VACATION RBReviewed By:277bGrid #:9-29s-15eS-T-R: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-8815 Agenda Date: 2/16/2021 Status: Agenda ReadyVersion: 1 File Type: City Manager Verbal Report In Control: Council Work Session Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Strategic Visioning Process SUMMARY: Review proposals submitted by: 1.Florida Institute of Government 2.Jim Anaston-Karas APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 2/15/2021 Proposal for City of Clearwater: Strategic Planning Process January 19, 2021 Prepared for: Rosemarie Call, MPA, MMC City Clerk City of Clearwater 600 Cleveland Street, Suite 600 Clearwater, FL 33755 Tel: 727.562.4092 Prepared on Behalf of: Angela Crist, Director University of South Florida Florida Institute of Government 4202 E Fowler Avenue, SOC 007 Tampa, FL 33620 813.857.8801 acrist@usf.edu ANTICIPATED STRATEGIC PLANNING PROCESS PHASE ONE: 1.1 Kick Off and Work Plan Refinement The USF team will meet with City senior staff to formally initiate the process, review and refine the work plan and scope, identify key stakeholders for initial interviews, and identify key background information for the team to review. Aspects of the work plan that may be refined include the sequence of the activities described below, the relative emphasis on meetings/group discussions and communication mechanisms for input, and the overall timeline of the project. 1.2 Individual/Group Stakeholder Interviews The USF team will meet with approximately 18-20 key individual, business and organization stakeholders identified by City staff as having particular insight into issues facing the City or into the views and opinions of segments of the City community. Staff and elected officials will be asked to identify an initial set of interviewees, and others may be suggested by those interviewed or residents. Insights and information gained in these interviews will be used, without attribution (anonymously), to help develop starting points for discussions at the Community Forum and for potential social media outreach. 1.3 Communications Outreach The USF team will work with City staff throughout the process to develop or prepare strategic planning process content for use within the City’s current social-media and/or web presence. 1.4 Resident Feedback Survey If desired by the City, the USF team will work with staff to develop a city-wide, web-based citizen survey. Initial questions for the survey will be developed in collaboration with staff. Additional questions may be identified by participants in the stakeholder interviews. This survey would be a mechanism for additional public input, rather than a statistically representative sampling of resident opinion. The USF team will analyze, group and summarize the feedback survey into a report which will be presented to Clearwater’s leadership team. A version of the survey results will also be posted to the City’s website. 1.5 City Council: Kick-Off, Setting Expectations and Teambuilding The USF team will facilitate a one-day workshop with City leadership to share the action steps for the strategic planning process, discuss Council member expectations and participation as well as review the relevant requirements of the Sunshine Law. The specific agenda will be determined in consultation with the City Manager and City leadership. 1.6 Community Focus Group Forum I (3 hours) **Community Forum II—optional** This Community Forum will invite stakeholders including residents, businesses, and other groups affiliated with the Clearwater community. The USF team will invite elected officials, but request elected officials to listen and observe, but not participate. This Forum will: • ask participants to identify characteristics of Clearwater that they value most and do not want to change, and issues affecting Clearwater that the city will need to address • begin to discuss participants’ desires for the future of the City and City government, including a potential vision statement, and possible goals, objectives or recommendations related to the vision and issues • Discuss priorities The USF team will develop workshop materials for the Forum. The USF team will also prepare a Forum Summary outlining activities and conclusions at the Forum, as well as suggestions for City communication. 1.7 Employee Survey If desired by the City and to foster employee engagement, and assess employee readiness for change, the USF team will work with staff to develop a city-wide, web-based employee survey. Employee feedback would be anonymous, with a goal of 100% employee participation/input. Survey questions would focus on: • identifying internal and external strengths, weaknesses, opportunities and threats (SWOT) that are influencing Clearwater • how the city’s current plans, policies and processes will shape future outcomes • suggestions for improving organizational effectiveness • overall employee engagement and readiness for change • employee desires for the future of Clearwater government as an organization and as a workplace Initial questions for the survey will be developed in collaboration with staff. This survey would include a mechanism for full employee participation, rather than a statistically representative sampling of employee opinion. The USF team will analyze, group and summarize the employee survey into two reports: one detailed report for leadership, and one abbreviated report which will be shared with all employees to foster engagement and buy-in. 1.8 Employee Focus Group Forum (3 hours) This Employee Forum will invite a representative sampling of employees across all departments, and all levels, of the organization. • debrief the employee survey results • prioritize the SWOT analysis results from the employee survey The USF team will develop workshop materials for the Employee Forum. The USF team will prepare an Employee Forum Summary outlining activities and conclusions at the Forum. 1.9 Report to Council The USF team will prepare a presentation and report of the Stakeholder Interviews, Community Forum, as well as the Employee Survey and Forum. This presentation will outline activities and conclusions, solicit comment on the overarching vision and goals resulting from the Community Forum, and solicit Council approval to proceed to Phase Two of the Strategic Planning Process. PHASE TWO: 2.1 Leadership Forum I (4 hours) Leadership Forum I will include Leadership across each department and City Council. • debrief the citizen forum/survey results • debrief the employee forum results • debrief initial citizen and employee desires for the future of the City, including potential goals, objectives and recommendations related to the vision • develop mission, vision, values, and strategic SMART+C goals for the City government as an organization The USF team will develop workshop materials for Leadership Forum I. The team will prepare a Forum Summary Report outlining activities and conclusions at the Forum. 2.2 Leadership Forum II (3 hours) Leadership Forum II will include Leadership across each department and City Council. • Review/finalize mission, vision, values, and strategic SMART+C goals • Develop champions, objectives, implementation plans and timelines for each goal • Determine a schedule for monitoring (accountability checkpoints) for each goal The team will develop workshop materials for Leadership Forum II. The team will prepare a Leadership Forum II Summary Report outlining activities and conclusions at the Forum, as well as recommendations for long-term success of the strategic plan. 2.3 DRAFT Final Report: Planning Retreat with City Manager and Departments Heads The USF team will prepare a Draft Strategic Plan which will include: • An organizational overview • A definition and purpose of the Strategic Plan • A written summary of the process used in the completion and assembly of the plan • An establishment of the City’s mission, vision and values statements • A list of stakeholder priorities for City goals and objectives, including those of elected officials, employees, residents, businesses, and of any other significant groups • A description of SMART+C goals and objectives for the City • Recommendations for the long-term success of the strategic plan • Raw data obtained from the assembly of the plan • Other information as deemed necessary by the USF team Following the planning retreat with the City Manager and Department Heads, a final draft report will be created and circulated to senior staff for review and comment. 2.4 Presentation of Final Report to Council The USF team will collaborate with Clearwater staff to present the report to the Council. The USF team will answer questions and/or clarify the report and implementation strategies. EXPECTED TIMELINE The timeline may be adjusted at the discretion of Clearwater staff. The total project duration would be approximately ten to twelve months to complete the scope of services from execution of a signed contract. Note: This outline is tentative and will be refined based on initial consultation with the City Manager, Council and staff. It is intended to serve as a starting point for discussions to develop a final design. Phase One: 1.1 Kick Off and Work Plan Refinement March 2021 1.2 Communications Outreach March 2021 – On-going 1.3 Individual/Group Stakeholder Interviews April 2021 1.4 Resident Feedback Survey May 2021 1.5 City Council: Kick-Off, Setting Expectations, Teambuilding March 2021 1.6 Community Focus Group Forum I (3 hours) June 2021 1.7 Employee Survey June 2021 1.8 Employee Focus Group Forum (3 hours) July 2021 1.9 Report to Council August 2021 Phase Two: 2.1 Leadership Forum I (4 hours) off-site September 2021 2.2 Leadership Forum II (3 hours) off-site October 2021 2.3 DRAFT Final Report November 2021 2.4 Final Presentation of Report to Council meeting December 2021 ESTIMATED INVESTMENT Based on the scope and expected deliverables, the estimated cost to cover the FIOG’s costs to complete the proposed Strategic Planning Process is anywhere from $39,600.00 - $55,900.00 dependent upon certain variations of the scope of work. The final cost will be inclusive of travel, printing, publishing and ADA document remediation. ADDITIONAL INFORMATION THE USF PROJECT TEAM – PERSONNEL Our team includes experts in Statistics and Data Analysis, Survey Development, Human Resource and Project Management for local government. John L. Daly, PhD, is Associate Professor of Public Administration and past Founding Director of the School of Public Affairs at the University of South Florida. His research interests include human resource management and public policy issues facing local government. He also is a specialist of governance and public policy challenges facing southern African nations. John has received two Fulbright Scholar grants to the Kingdom of Swaziland. He first served as a consultant to the Kingdom of Swaziland’s government (1998-99). His second Fulbright grant allowed him to join the University of Swaziland faculty (2005-06). Most recently, John was selected as the 2014 recipient of the International City/County Management Association’s Academic Award in Memory of Stephen B. Sweeney. This honor was presented to him at the 100th ICMA Conference in Charlotte, NC, in September 2014. John is the author of two books, Training in Developing Nations (2005, M.E. Sharpe/Routledge) and Human Resource Management in the Public Sector: Policies and Practices, (2012, M. E. Sharpe/Routledge). Dr. Daly has extensive experience providing consulting services to Florida municipal governments, primarily in the areas of human resource management and organizational development. Stephen Neely, PhD, is an assistant professor in Public Administration at the University of South Florida’s School of Public Affairs. He has an earned PhD in Public Administration from North Carolina State University, as well as two Master degrees in Social and Public Policy Analysis as well as Business Administration. His specialties include research methods, survey administration, and data analysis, and he has previously conducted survey research in partnership with agencies/organizations such as the Florida City/County Management Association, the Florida Center for Cybersecurity, and the City of Zephyrhills, Florida. Angela Crist, MPA, serves as the Director of the USF FIOG. Ms. Crist has a proven track record as a high energy, results driven leader recognized for innovative strategies and tactics. Her excellent problem solving and customer-oriented focus have created value and managed client expectations to obtain mutual benefit. With over 15 years of experience, Angela has built and led new department or groups with related staff training and mentoring to attain long-term business goals. She has consistently achieved positive results by motivating and leading organizations to identify, develop and capitalize on business opportunities by forging alliance across organizational boundaries. Her professional affiliations include Florida City and County Management Association, Florida League of Cities, Florida Association of Counties, USF Alumni Association, USF Area Community Civic Association, and Leadership Tampa Bay Alumni Association. Robyn Odegard, MA, serves as the Learning and Development Facilitator with the Florida Institute of Government at USF. In this role, she serves as project manager, program manager, and research administrator. Robyn holds certifications as a Certified Associate in Project Management (CAPM) from the Project Management Institute and CRA USF-ADVANCED certification from USF Research and Innovation. She received her MA in Political Science from the University of South Florida. BRIEF DESCRIPTION OF ORGANIZATION The John Scott Dailey Florida Institute of Government (FIOG) was created by the Florida Legislature in 1980 and subsequently designated as a Type I Institute by the Florida Board of Regents. The institute fulfills its statewide mission through a consortium of six (6) affiliate program offices located at the Florida State University, the University of Florida, the University of South Florida, the University of Central Florida, Florida Atlantic University, and Florida Gulf Coast University. The FIOG at USF works directly with all USF faculty, staff and practitioner’s university-wide to bring their expertise to our clients. All of our USF faculty, staff and practitioners are highly qualified and provide top notch services in a variety of critical areas including developing and implementing training and research programs, services, and grant and contract administration activities involving federal, state, and local governments, non-profit organizations, and the private sector. In January 2013, the School of Public Affairs (SPA) at the University of South Florida (USF) was created to merge the graduate programs in Urban and Regional Planning and Public Administration, as well as the John Scott Dailey Florida Institute of Government. The faculty consists of interdisciplinary group of scholars and former practitioners who share a common commitment to student learning, top-notch scholarship and applied community engagement. The School’s John Scott Dailey Florida Institute of Government (FIOG) provides training and technical assistance to local and state government officials, volunteers and the general public on a wide range of topics, such as team building, strategic planning, goal setting and effective communication. The FIOG partners University professionals from a variety of disciplines with organizational leaders charged with solving specific local issues to identify, evaluate and implement effective solutions. For the purposes of this project. OUR SERVICE CAPABILITIES The John Scott Dailey Florida Institute of Government (FIOG at USF) works directly with all USF faculty, staff and practitioner’s university-wide to bring their expertise to our clients. As part of a regional structure for enhanced relationships, the FIOG serves government and non-profit entities within a 9- county region including Hardee, Hernando, Highlands, Hillsborough, Manatee, Pasco, Pinellas, Polk and Sarasota. With over 25 years of experience in the local community, the Florida Institute of Government at the University of South Florida has a vast history of helping government and non-profit entities through visioning and strategic planning processes, offering and coordinating trainings, technical assistance, and applied research projects for the local community. Since 1995, the institute has conducted approximately 24,793 workshops and conferences statewide in Florida—an average of 2,749 per year. Also, during this same time, approximately 580,685 participants, the large majority of whom represent officials and employees from local government in Florida, have attended programs resulting in over 2.6 million professional contact hours. The institute has also conducted an estimated 1,190 technical assistance and applied research projects, an average of 119 annually. FIOG PROJECT REFERENCES Donn Patchen, Director, Communications Department Telephone: (941) 861-DONN Fax: (941) 706-6685 Email: dpatchen@scgov.net Address: 1660 Ringling Boulevard, Sarasota, FL 34236 Sarasota County Citizen Satisfaction Survey, 1999 – Present JP Murphy, Town Manager, Town of Belleair Telephone: (727)588-3769 X205 Email: jmurphy@townofbelleair.net Address: 901 Ponce De Leon Blvd, Belleair, FL 33756 Comprehensive Strategic Planning Process, 2018-2019 Tom Harmer, Town Manager, Town of Longboat Key Telephone: Phone: (941) 316-1999, Ext. 1111 Email: tharmer@longboatkey.org Address: 501 Bay Isles Road Longboat Key, FL 34228 Annual Citizen Satisfaction Survey, 2019, 2020 Maureen Buice, Sr. Public Information Specialist, City of Cape Coral Telephone: Phone: (239) 242-3684 Cell: (941) 876-8350 Email: mbuice@capecoral.net Address: 1015 Cultural Park Boulevard, Cape Coral, FL 33990 Strategic Planning Process, 2020 – Present Proposal to CITY OF CLEARWATER for Strategic Planning and Visioning February 2021 public relations & marketing 1211 SW SUNSET TRAIL PALM CITY, FL 34990 PHONE: 772-287-5272 www.fireflyforyou.com Community, Marine & Water Resource Planning Advocacy, Facilitation & Conflict Resolution Contents Proposal .................................................................................. Page 1 Attachment A: Qualifications and Resumes ..................................Page 7 Attachment B: Select Client/Project List and References.............Page 10 Attachment C: Strategic Plan Deliverable example ......................Page 13 Attachment D: Women-owned Certification .................................Page 14 Community Marine & Water Resource Planning The Firefly Group 772-287-5272 www.fireflyforyou.com 1 Proposal to City of Clearwater for Strategic Planning and Visioning Prepared by Community Marine & Water Resource Planning | The Firefly Group February 12, 2021 Ms. Rosemarie Call, City Clerk City of Clearwater 600 Cleveland Street, Suite 600 Clearwater, FL 33755 Dear Ms. Call: In response to your request for additional information to accomplish the City’s Strategic Planning objectives, this submittal provides more detail about our team’s background and qualifications, a proposed scope of work and approach, similar work performed for other municipalities and organizations, cost estimate, and suggested timeline. Solid and Seasoned Credentials. Our team’s expertise, developed over decades, demonstrates success and versatility in: »Strategic planning, visioning and SWOT analysis »Group facilitation and collaboration, focus groups and surveying »Public Engagement, community outreach and education - including virtual tools to adapt to public safety and ongoing pandemic concerns »Municipal management and coastal/waterside planning »Branding and marketing, digital and social media communications, crisis communications and issues management, storytelling and grassroots advocacy Jim Anaston Karas. Through his consulting firm Community Marine & Water Resource Planning LLC, Karas has earned credentials such as “go-to” referral from the Florida League of Cities, and facilitation certification. His 25-year plus portfolio includes more than fifteen projects throughout Florida and out-of-state within the last decade focused on strategic plans with tactical prioritization and accountability. Karas uses his distinct style and facilitation method to produce genuine collaboration, stimulate creativity, and build consensus. Complimenting the team is Stacy Weller Ranieri, president, founder and Chief Illuminator of The Firefly Group, a woman-owned public relations and community outreach firm founded in 2003 with a close professional association with Karas built through years of project collaboration. Ranieri and her firm are skilled at messaging and communications, SWOT analysis and strategic planning, marketing and branding, community outreach and engagement including public meetings – in person as well as virtual. Firefly’s successful public outreach and education portfolio is extensive. Attachments A through D provide additional details regarding Qualifications, Client/Project examples and references. Community, Marine & Water Resource Planning Advocacy, Facilitation & Conflict Resolution public relations & marketing Community Marine & Water Resource Planning The Firefly Group 772-287-5272 www.fireflyforyou.com 2 Proposal to City of Clearwater for Strategic Planning and Visioning Prepared by Community Marine & Water Resource Planning | The Firefly Group Strategic Planning: Real World, Budget Conscious Approach Understanding Clearwater’s desire to update its strategic directions plan concurrent with new Council and staff leadership, our team is committed to produce a plan that: »Produces timely results for the City within next year’s budget cycle. To be completed in less than six months to coincide with the City’s annual budget development and adoption. »Prioritizes strategic action items that can be programmed for measurable results in the short- term, not just comprise “another plan on the shelf” that waits until next year. »Complements the incoming City Manager’s need for managerial flexibility and not preclude the exercise of that leadership. Though it can embrace organizational changes, the Strategic Plan should focus on action items that can broadly assist in pursuing Clearwater’s vision while preventing micro-management of city staff. »Revisits the community’s vision. The City’s current vision and mission statements, though laudable, do not effectively communication Clearwater’s distinct assets and value proposition. Statements such as “… a wonderful place to live, learn, work, visit, and play” (from the City’s Strategic Vision webpage) could be many places. A vision, defined as “a picture you see in the mind’s eye”, should be lofty and aspirational, and should augment the City’s branding and tagline which are already in place. »Avoids “public meeting fatigue” and confusion with the ongoing public workshops for the Clearwater Comprehensive Plan re-write. Our team is keenly aware of the Comprehensive Planning process and related visioning and will integrate any timely input received into the Strategic Planning process. »Recognizes that strategic plan action items require a level of detail not typically received by the general public so additional input will be gathered from professional staff, Council members, and smaller key interest groups for more robust initial draft content. »Safely engages the community in a way that remains comfortable, and accessible to the public given the ongoing health concerns of the pandemic world in which we live. »Is cost effective because the shorter planning duration (approx. 5 months) will save time and money. Scope of Work by Task I. Notice to Proceed: Simultaneous with receipt, validate or “fine-tune” objectives, timeline, and scope. II. Research, Key projects identification: Revisit the City’s current Strategic Vision and Direction and its eight components- which current projects are relevant, and which are obsolete? Decide on plan horizon (typically 5 years for a strategic plan, versus the Comprehensive Plan at twenty years. III. Project Branding, Messaging, Public Outreach and Education Community Marine & Water Resource Planning The Firefly Group 772-287-5272 www.fireflyforyou.com 3 Proposal to City of Clearwater for Strategic Planning and Visioning Prepared by Community Marine & Water Resource Planning | The Firefly Group a. Branding, Messaging and Collateral Materials. Services include, but are not limited, to brand identity/logo development; plain language copywriting; message point development, graphic design development and coordination; photographer/videography coordination and other communications tasks as needed. b. Project Website. In collaboration with Clearwater communications staff, create a subpage within the city’s existing website or an independent temporary website to generate public awareness and engagement; provide timely updates on milestones and progress in the planning process; serve as a repository for public information; solicit ideas and feedback as the plan progresses. IV. Key Interest Groups (Stakeholder) - Public Engagement Public input is essential for a successful outcome for the strategic planning process. Working with the City’s communication professionals, the Team will devise and implement an outreach strategy for two-way exchange of information and comments for the duration of the project. Coordinate with City Communications team to existing citizen email distribution lists, social media, and media relations to communicate information, provide updates and garner public involvement for the project. Use online Surveys and Polling tools to educate the public, solicit input and assess preferences. Tasks a. Interviews: Up to 21 interviews among three groups will be conducted. Council members (5), staff (8), and key interest groups (8). Each interviewee would be invited to re-calibrate the Vision as necessary, identify key challenges and opportunities, and describe action strategies. Observing COVID guidelines, each interview could entertain multiple attendees- probably no more than three persons. b. Workshop Preparation: Prior to the strategic plan workshop, all input received to date, including any public comment, will be assembled and categorized. c. Council/ staff on-site strategic plan workshop: Guided by COVID safety guidelines, the Council along with leadership staff will convene a retreat-style planning workshop. This dynamic, participatory and collaborative, retreat-style workshop will employ advanced facilitation methods to revisit main challenges and opportunities, the collective vision, and action strategies to pursue the vision. If desired, the workshop can include team building and communication techniques designed to foster creative and collaborative thinking, while welcoming new ideas, or synthesizing ideas. While the public is invited to attend this workshop and provide input (as with virtually all City business), the emphasis of interaction would be with Council and staff. A “fishbowl” technique will be employed to garner input/ comments from attending public. Community Marine & Water Resource Planning The Firefly Group 772-287-5272 www.fireflyforyou.com 4 Proposal to City of Clearwater for Strategic Planning and Visioning Prepared by Community Marine & Water Resource Planning | The Firefly Group Strategic Planning Pyramid: Will guide the Plan’s organization of components supporting the vision. Workshop results synthesis: Compile/ synthesize the workshop results and other input received; analyze and refine cost estimates Vision, Goals, Action Strategies. Next, those strategies will be compiled and combined, and refined through research and/or analogues (including best available cost estimates). d. Public comment period. Primarily via the project website and contact lists, the public will be invited by means of a survey tool designed by the Team to comment on the latest draft emerging plan. In this draft, strategic actions should be charted on a timeline with anticipated costs and staff or other resources committed. [See Attachment C] e. Public workshop: By means of a virtual public workshop (using Zoom or other preferred platform), the emerging draft Strategic Plan will be summarized and explained to seek additional public input. f. Plan revisions: As needed, edit the Strategic Plan document based on public input. g. Council adoption: Seek City Council’s approval, including the corresponding costs integrated into the FY 22 annual budget and/or 5-year Capital Improvements Plan. With years of practiced skills employing the “Working Blue Wall,” ideas generated by Councilmembers, staff, or the public are synthesized thru genuine collaboration and comparative ranking. Later in the process, action strategies are refined with detail including sequencing, cost, and lead staff or organizations in partnership. Community Marine & Water Resource Planning The Firefly Group 772-287-5272 www.fireflyforyou.com 5 Proposal to City of Clearwater for Strategic Planning and Visioning Prepared by Community Marine & Water Resource Planning | The Firefly Group Special Outreach Considerations in a COVID-19 world Our typical public involvement protocols are very comprehensive, however, in this new world of COVID-19, the way we engage the public is different. We don’t know what social distancing guidelines will be in place when the public outreach portion of this project commences. Even if we have public stakeholder meetings, citizens - especially elders - may be less inclined to attend live meetings, so we want to make it as easy as possible for them to participate remotely. That’s why we will likely need to conduct virtual webinars and “Town Hall” meetings (through platforms such as Zoom or GoToMeeting) and use survey and Interactive Polling Software to capture feedback and ideas from the public. Anticipated Schedule If the project Notice to Proceed is received timely and Council/ staff scheduling proceeds as conceived, the project can conclude over roughly five months, as presented below. This allows integration into the current budget cycle, instead of missing the cycle and necessitating amendments. TASK TIMELINE 1.Notice to Proceed By March 15 2.Research, key projects identification Week 1- 3 3.Project theming, messaging, outreach research Week 2 – 4 4.Interviews Week 5-7 5.Workshop preparation Week 7 - 9 6.Council/ staff workshop Week 10-11 7.Workshop results synthesis- vision, goals, action strategies Week 12 – 14 8.Public comment period Week 14- 16 9.Public workshop Week 17 10.Plan revisions Week 18 11.Council adoption Week 20 Community Marine & Water Resource Planning The Firefly Group 772-287-5272 www.fireflyforyou.com 6 Proposal to City of Clearwater for Strategic Planning and Visioning Prepared by Community Marine & Water Resource Planning | The Firefly Group Compensation Fee estimate: Not to exceed $39,500, exclusive of expense budget. The services described in this proposal are limited to the deliverables described. Consultant will remain as flexible as possible if services requested well exceed those described; additional services can be performed on an hourly rate basis through a separate agreement or addendum to this agreement. Reimbursable expenses such as printing, postage, graphic design, photography, videography, mileage and lodging are not included in this estimate and will be considered and agreed upon after project award through final scope of work discussions. We look forward to the opportunity to discuss this proposal with you in more detail and to be engaged by the City to assist you with your strategic planning initiative. Sincerely, James Anaston-Karas Principal, Community Marine & Water Resource Planning Stacy Weller Ranieri President, The Firefly Group Community Marine & Water Resource Planning The Firefly Group 772-287-5272 www.fireflyforyou.com 7 Proposal to City of Clearwater for Strategic Planning and Visioning Prepared by Community Marine & Water Resource Planning | The Firefly Group [Attachment A] Key Qualifications and Resumes Jim Anaston-Karas (Community Marine and Water Resource Planning, linkedin.com/in/jeakaras) will serve as Project Manager/ Lead Facilitator. A few highlights: »Certified Facilitator (Broward County Board of County Commissioners) applying advanced and unique collaborative method known as “nominal group” aka “Working Blue Wall”. »Veteran of state legislative process including Legislative Committee staff and local government lobbying. »Master of City and Regional Planning »Marine and Waterfront planning expertise as a planner/designer and licensed Sea Captain »Referred by Florida League of Cities among the “go-to” subject matter experts; led strategic planning annual state conference presentation; President, Florida Association for Intergovernmental Relations The Firefly Group Founded in 2003, the Firefly Group is a full-service marketing, public relations and community outreach firm headquartered in Palm City, Florida and is a Florida-based S-Corporation and a certified Woman-Owned Business through the State of Florida’s Office of Supplier Diversity. The firm has a wide range of professional capabilities and demonstrated success working with government agencies; transportation, engineering and environmental consultants; businesses of all sizes and industries; landowners; and many impactful nonprofit organizations throughout Florida. Our firm has provided a wide range public outreach and community education services for a variety of government projects, working directly with various municipalities as well as through consultants for those government entities as a subcontractor. »Project brand identity development including logo and message point development, plain language copywriting, collateral materials development »Strategic Planning & SWOT analysis »Public education, public outreach, in person and virtual public meeting coordination and management, community engagement and grassroots advocacy building programs »Public relations services including traditional media relations, community relations, design and distribution of surveys, government relations, crisis communications, and issues and reputation management »Website design, development, hosting, maintenance, SEO »Social media management and monitoring including development of Facebook pages for projects, content curation, posting and responses, and monitoring of social media »E-mail marketing communications »Comprehensive Event Management services including all logistics for groundbreakings, ribbon cuttings and fundraising events of all types Community Marine & Water Resource Planning The Firefly Group 772-287-5272 www.fireflyforyou.com 8 Proposal to City of Clearwater for Strategic Planning and Visioning Prepared by Community Marine & Water Resource Planning | The Firefly Group Select Projects/ Clients Martin County Enterprise Zone Strategic Development Plan, Martin County Commission Strategic Plan /Martin County Board of County Commissioners Strategic Redevelopment & Waterfront Planning/ Stuart CRA, Palm Bay Waterfront CRA Strategic Priorities Plans/ Oviedo, Miami Lakes, Indiantown, Miami Beach, Key Biscayne, Opa-Locka, Stuart; Lincoln Park Mainstreet (Ft. Pierce), Muskogee, OK; Business Development Board of Martin County; Downtown Business Owners Associations (Stuart and Vero Beach); Florida Emergency Medical Association; Education Foundation of Martin County. Best Practices for Citizen Participation in Florida Planning (Primary Author)/ American Planning Association Florida Florida League of Cities, “Strategic Planning in Tight Budget Times” Annual Conference seminar leader. Governor’s Commission for a Sustainable South Florida/ South Florida Water Management District Strategic Plan Steering Committee, Arcosanti, AZ. International appointee charting future for $250M+ solar-designed architectural/urban prototype Jim Anaston-Karas, Strategic and Community Planning Professional Synopsis Senior manager with 30-year plus accomplishments in local, regional, and state government advocacy and management. Certified workshop facilitator using various nominal group techniques to compose strategic plans for local governments, businesses, and not-for-profits. Relevant Experience • Principal, Community Marine & Water Resource Planning (12 years and current): Sole Practitioner freelance consultant applying planning, engineering, and design talents to develop or revitalize communities, business, properties, or organizations. Provide full suite of planning services (master, comprehensive, visioning, transportation, strategic, LDRs, etc.) and entitlements for sustainable and economic development, jobs centers, marine/waterside redevelopment, conservation and resource management. Served dozens of city, county, CRA and private clients in more than 15 Florida Counties, Oklahoma, Arizona, and the Caribbean. • Public Engagement & Outreach Specialist/Facilitator (12 years and current): Apply advanced facilitation, various nominal group workshop, and Charrette-style planning techniques to consensus visions and strategic priorities plans for local governments, not-for-profits, neighborhoods, economic development zones, landowners, and businesses. Guide analysis of implementation strategies, especially capital planning and estimating. Plan and execute consensus campaigns/outreach strategies ranging from media interviews to opinion surveys and social media interaction. Diverse strategic plan portfolio from small companies to local governments (8,000-180,000 population, and master planning, engineering solutions, and strategic capital improvements planning up to $75M. • Co-Director of VHB Miller Sellen $2M Stuart branch office. Delivered community and resource planning, civil engineering, and design/full suite of planning services to public and private clients for over 35,000 acres in Florida Treasure Coast region. 5 years. • Director, South Florida Water Management District, Broward County Service Center. Implemented agency policy seeking symmetry between economic development/urban growth and sustainable water resources. Managed land use, utility /water supply planning including over $50 M water resource partnership contracts. Staff to Governor’s Commission for Sustainable South Florida. Ex-Officio Member, South Florida Regional Planning Council. Expert witness defending Everglades Restoration Plan. 7-1/2 years. • Legislative Manager, Broward County. Executed legislative agenda as registered lobbyist to secure multi-millions in appropriations including for regional economic drivers - Port Everglades Seaport, Ft. Lauderdale/Hollywood International Airport, and Tri-Rail (RTA). President, Florida Association for Intergovernmental (City/County) Relations. 4 years. • Policy Coordinator for Speaker of Florida House, Growth Management House Subcommittee Chief Analyst, Senior Legislative Aide in the Florida Senate. Specialties in growth management, intergovernmental coordination, water and natural resources, and special districts. Assisted with major legislation such as Preservation 2000 and inflation-indexed gas taxing. 8 years. • Adjunct Professor, Environmental Planning, Florida Atlantic University. 3 years. Education/ Certifications • Master of City and Regional Planning, Ohio State University, 1983. • Certificate, Liberal Arts and Architecture, Oxford University, England, 1981 • Bachelor of Arts, Political Science, Southern Illinois University, 1980 • Certificate, Charrette Planning, National Charrette Institute. • Certificate, Advanced Facilitation, Broward County Board of County Commissioners. • Merchant Mariner Credential, (Sea Captain) 50 Ton Master, United States Coast Guard. Select Memberships/Activities (past & current) • Marine Industries Association of the Treasure Coast. Board Member. • Sustainable Treasure Coast, Inc. Vice Chair. • Urban Land Institute. Vice Chair, Southeast Florida/Caribbean Advisory Board. • American Planning Association (Florida). Legislative Policy Committee. • Chambers of Commerce & Economic Councils. Various affiliations & presentations. • South Florida Regional Planning Council (Gubernatorial appointee). Ex-officio member. • Florida Redevelopment Association, Member. Community Marine & Water Resource Planning The Firefly Group 772-287-5272 www.fireflyforyou.com 9 Proposal to City of Clearwater for Strategic Planning and Visioning Prepared by Community Marine & Water Resource Planning | The Firefly Group 021920 Stacy Weller Ranieri Stacy Ranieri is the founder, president and Chief Illuminator of The Firefly Group, a full-service public relations and marketing firm founded in 2003 and headquartered in Palm City, Florida in Martin County. Born and raised in New York, Stacy’s professional career prior to moving to Florida in 1994 included a variety of marketing and communications positions in the private, public and non-profit sectors with such notable organizations as the National Audubon Society, the New York Landmark’s Conservancy, the City of New York and MetLife. Stacy has more than 30 years of experience in marketing, branding, public relations, community outreach and advocacy building, strategic planning and project/event management. Her firm has a diverse client base including businesses of all sizes and industries, government agencies and non-profit organizations throughout Florida. Firefly provides full-service public relations and marketing consulting services including: comprehensive public outreach and education programs; stakeholder engagement and advocacy building; media relations; brand identity; website development, social/digital media strategy and management, collateral materials development, plain language copywriting; crisis communications and issues management. Stacy’s reputation, leadership and consensus building skills, collaborative approach, and strategic and creative thinking make her a powerful addition to any project team. Firefly has served as a public communication’s vendor for Martin County, Martin MPO, Palm Beach MPO, South Florida Water Management District, and has served as the lead on numerous governmental and private sector public education and community outreach projects for coastal, environmental, and transportation and community development initiatives: • Martin County Bathtub Reef Beach Renourishment • Manatee & Jensen Beach Moorings • Manatee Pocket Dredging • South Florida Water Management District – EAA Reservoir Project • Martin County Solid Waste & Utilities educational outreach, recycling events • Martin County Metropolitan Planning Organizations, LRTP 2040 • Oyster Reef Restoration • Palm Beach County Metropolitan Planning Organization - Multimodal Corridor Study • Pineland Prairie – Knight Kiplinger • St. Lucie Inlet Dredging Scope of Services for those public outreach efforts included: stakeholder engagement; branding and logo design; collateral materials development; website and social media design, development and management; email communications; media relations and press release development and distribution; government relations; public meetings and workshop facilitation and other special event management. Stacy has a Bachelor of Science in Marketing and International Business from New York University’s Stern School of Business and a Master of Science in Environmental Resource Management from the Florida Institute of Technology. Community Marine & Water Resource Planning The Firefly Group 772-287-5272 www.fireflyforyou.com 10 Proposal to City of Clearwater for Strategic Planning and Visioning Prepared by Community Marine & Water Resource Planning | The Firefly Group [Attachment B] Select Client and Project List with References Jim Karas Community Marine and Water Resource Planning: »Extensive directly relevant plan facilitation experience within the last five years in more than 15 Florida counties, including: LOCAL GOVERNMENT PROJECT REFERENCE Indiantown, FL Strategic Plan with Vision, re-branding and marketing Howard Brown, City Manager, 305/788-9647 West Melbourne, FL Strategic Plan approach, re-visioning, budget integration Scott Morgan, City Manager, 321/727-7700 Key Biscayne, FL Strategic Plan, budget integration Andrea Agha, Village Manager, 305/354-6100 Martin County, FL Strategic Plan Taryn Kryzda, County Administrator, 772/288-5939 Muskogee, OK Strategic Plan with Vision and slogan Howard Brown, Former City Manager, 305/788-9647 Stuart, FL Strategic and Vision Plan Eula Clarke, Mayor; Paul Nicoletti, Former City Manager, 772/220-3324 Apopka, FL Vision with strategic action Joe Kilsheimer, former Mayor, 407/884- 7098 Oveido, FL Strategic Plan Bryan Cobb, City Manager, 407-971-5555 Miami Lakes, FL Strategic Plan Alex Rey (former Town Manager; St. Pete Beach City Manager), 727-893-7111 Community Marine & Water Resource Planning The Firefly Group 772-287-5272 www.fireflyforyou.com 11 Proposal to City of Clearwater for Strategic Planning and Visioning Prepared by Community Marine & Water Resource Planning | The Firefly Group Stacy Weller Ranieri The Firefly Group, SWOT Facilitation and Strategic Planning CLIENT Alzheimer & Parkinson Association of Indian River County Artists for a Cause – Florida and St. Louis, MO Audubon of Martin County Bonita Bay Community Association, Bonita Springs, FL Celebrities Fore Kids, Martin and Palm Beach County Children’s Services Council of St. Lucie County Keep Hillsborough County Beautiful Pipers Landing Yacht & Country Club, Palm City, Florida Rivers Coalition, Treasure Coast Sailfish Point Foundation, Stuart, Fl South Florida Water Management District/FAU/Florida Center for the Environmental - Dupuis Nature Center South Fork High School International Baccalaureate program, Stuart, FL Treasured Lands Foundation, Martin County, FL Whiticar Boatworks, Stuart Florida Community Marine & Water Resource Planning The Firefly Group 772-287-5272 www.fireflyforyou.com 12 Proposal to City of Clearwater for Strategic Planning and Visioning Prepared by Community Marine & Water Resource Planning | The Firefly Group CLIENT PROJECT REFERENCE Martin County Coastal Engineering Projects - Martin County Board of County Commissioners Community Outreach Coordination Bathtub Reef Renourishment, Manatee Pocket & Jensen Beach Mooring Field Proposed Project – 2015 to Present; Manatee Pocket Dredging Project – 2009 to 2011; Oyster Reef Restoration – 2009 to 2013; St. Lucie Inlet Dredging - 2018 Kathy Fitzpatrick 772.288.5400 kfitzpat@martin.fl.us Martin County (MPO) Metropolitan Planning Organization Long Rang Transportation Plan (LRTP) 2040 – Moving Martin Forward; Federal Certification Review; Bicycle, Pedestrian and Trails Master Plan; General Services, Public Information Plan; Vision Zero Martin MPO Director Beth Beltran 772. 221.1498 bbeltran@martin.fl.us City of Port St Lucie Village Green Drive Corridor Revitalization Christina Fermin, Marlin Engineering 305.477.7575 cfermin@marlinengineering.com City of Okeechobee Design and Development of City’s website, media relations, social media City Administrator Marcos Montes De Oca, P.E. 863.763.9812 |mmontesdeoca@ cityofokeechobee.com South Florida Water Management District Everglades Agricultural Area (EAA) Reservoir Project Public Relations and Community Outreach Tetra Tech Georgia Vince 772.781.3400 Georgia.Vince@tetratech.com FDOT PD&E Study for State Road 714 & Citrus Hwy in Palm City, FL Bryan Wilson, KCI Technologies Inc. 954.776.1616 Bryan.Wilson@kci.com St. Lucie County Economic Development Council (2014-Present) Public Communications, Marketing and Branding Pete Tesch, Executive Director 772.336.6250 ptesch@youredc.com Knight Kiplinger Pineland Prairie (Newfield) Community Public Relations and Community Outreach Marcela Camblor & Associates, Inc. 772.708.1108 marcela@marcelacamblor.com The Firefly Group: Other governmental and community-oriented public outreach, education and branding Community Marine & Water Resource Planning The Firefly Group 772-287-5272 www.fireflyforyou.com 13[Attachment C]Strategic Plan Deliverable example: with Goal, Supportive Strategies, assigned lead (department or agency), estimated cost, anticipated completion timeline, and percent complete. Community Marine & Water Resource Planning The Firefly Group 772-287-5272 www.fireflyforyou.com 14 Proposal to City of Clearwater for Strategic Planning and Visioning Prepared by Community Marine & Water Resource Planning | The Firefly Group [Attachment D] Women-Owned Business Certification Woman Business Certification Firefly Communications Inc. 09/26/2019 09/26/2021 Select Projects/ Clients Martin County Enterprise Zone Strategic Development Plan, Martin County Commission Strategic Plan /Martin County Board of County Commissioners Strategic Redevelopment & Waterfront Planning/ Stuart CRA, Palm Bay Waterfront CRA Strategic Priorities Plans/ Oviedo, Miami Lakes, Indiantown, Miami Beach, Key Biscayne, Opa-Locka, Stuart; Lincoln Park Mainstreet (Ft. Pierce), Muskogee, OK; Business Development Board of Martin County; Downtown Business Owners Associations (Stuart and Vero Beach); Florida Emergency Medical Association; Education Foundation of Martin County. Best Practices for Citizen Participation in Florida Planning (Primary Author)/ American Planning Association Florida Florida League of Cities, “Strategic Planning in Tight Budget Times” Annual Conference seminar leader. Governor’s Commission for a Sustainable South Florida/ South Florida Water Management District Strategic Plan Steering Committee, Arcosanti, AZ. International appointee charting future for $250M+ solar-designed architectural/urban prototype Jim Anaston-Karas, Strategic and Community Planning Professional Synopsis Senior manager with 30-year plus accomplishments in local, regional, and state government advocacy and management. Certified workshop facilitator using various nominal group techniques to compose strategic plans for local governments, businesses, and not-for-profits. Relevant Experience • Principal, Community Marine & Water Resource Planning (12 years and current): Sole Practitioner freelance consultant applying planning, engineering, and design talents to develop or revitalize communities, business, properties, or organizations. Provide full suite of planning services (master, comprehensive, visioning, transportation, strategic, LDRs, etc.) and entitlements for sustainable and economic development, jobs centers, marine/waterside redevelopment, conservation and resource management. Served dozens of city, county, CRA and private clients in more than 15 Florida Counties, Oklahoma, Arizona, and the Caribbean. • Public Engagement & Outreach Specialist/Facilitator (12 years and current): Apply advanced facilitation, various nominal group workshop, and Charrette-style planning techniques to consensus visions and strategic priorities plans for local governments, not-for-profits, neighborhoods, economic development zones, landowners, and businesses. Guide analysis of implementation strategies, especially capital planning and estimating. Plan and execute consensus campaigns/outreach strategies ranging from media interviews to opinion surveys and social media interaction. Diverse strategic plan portfolio from small companies to local governments (8,000-180,000 population, and master planning, engineering solutions, and strategic capital improvements planning up to $75M. • Co-Director of VHB Miller Sellen $2M Stuart branch office. Delivered community and resource planning, civil engineering, and design/full suite of planning services to public and private clients for over 35,000 acres in Florida Treasure Coast region. 5 years. • Director, South Florida Water Management District, Broward County Service Center. Implemented agency policy seeking symmetry between economic development/urban growth and sustainable water resources. Managed land use, utility /water supply planning including over $50 M water resource partnership contracts. Staff to Governor’s Commission for Sustainable South Florida. Ex-Officio Member, South Florida Regional Planning Council. Expert witness defending Everglades Restoration Plan. 7-1/2 years. • Legislative Manager, Broward County. Executed legislative agenda as registered lobbyist to secure multi-millions in appropriations including for regional economic drivers - Port Everglades Seaport, Ft. Lauderdale/Hollywood International Airport, and Tri-Rail (RTA). President, Florida Association for Intergovernmental (City/County) Relations. 4 years. • Policy Coordinator for Speaker of Florida House, Growth Management House Subcommittee Chief Analyst, Senior Legislative Aide in the Florida Senate. Specialties in growth management, intergovernmental coordination, water and natural resources, and special districts. Assisted with major legislation such as Preservation 2000 and inflation-indexed gas taxing. 8 years. • Adjunct Professor, Environmental Planning, Florida Atlantic University. 3 years. Education/ Certifications • Master of City and Regional Planning, Ohio State University, 1983. • Certificate, Liberal Arts and Architecture, Oxford University, England, 1981 • Bachelor of Arts, Political Science, Southern Illinois University, 1980 • Certificate, Charrette Planning, National Charrette Institute. • Certificate, Advanced Facilitation, Broward County Board of County Commissioners. • Merchant Mariner Credential, (Sea Captain) 50 Ton Master, United States Coast Guard. Select Memberships/Activities (past & current) • Marine Industries Association of the Treasure Coast. Board Member. • Sustainable Treasure Coast, Inc. Vice Chair. • Urban Land Institute. Vice Chair, Southeast Florida/Caribbean Advisory Board. • American Planning Association (Florida). Legislative Policy Committee. • Chambers of Commerce & Economic Councils. Various affiliations & presentations. • South Florida Regional Planning Council (Gubernatorial appointee). Ex-officio member. • Florida Redevelopment Association, Member. 021920 Stacy Weller Ranieri Stacy Ranieri is the founder, president and Chief Illuminator of The Firefly Group, a full-service public relations and marketing firm founded in 2003 and headquartered in Palm City, Florida in Martin County. Born and raised in New York, Stacy’s professional career prior to moving to Florida in 1994 included a variety of marketing and communications positions in the private, public and non-profit sectors with such notable organizations as the National Audubon Society, the New York Landmark’s Conservancy, the City of New York and MetLife. Stacy has more than 30 years of experience in marketing, branding, public relations, community outreach and advocacy building, strategic planning and project/event management. Her firm has a diverse client base including businesses of all sizes and industries, government agencies and non-profit organizations throughout Florida. Firefly provides full-service public relations and marketing consulting services including: comprehensive public outreach and education programs; stakeholder engagement and advocacy building; media relations; brand identity; website development, social/digital media strategy and management, collateral materials development, plain language copywriting; crisis communications and issues management. Stacy’s reputation, leadership and consensus building skills, collaborative approach, and strategic and creative thinking make her a powerful addition to any project team. Firefly has served as a public communication’s vendor for Martin County, Martin MPO, Palm Beach MPO, South Florida Water Management District, and has served as the lead on numerous governmental and private sector public education and community outreach projects for coastal, environmental, and transportation and community development initiatives: • Martin County Bathtub Reef Beach Renourishment • Manatee & Jensen Beach Moorings • Manatee Pocket Dredging • South Florida Water Management District – EAA Reservoir Project • Martin County Solid Waste & Utilities educational outreach, recycling events • Martin County Metropolitan Planning Organizations, LRTP 2040 • Oyster Reef Restoration • Palm Beach County Metropolitan Planning Organization - Multimodal Corridor Study • Pineland Prairie – Knight Kiplinger • St. Lucie Inlet Dredging Scope of Services for those public outreach efforts included: stakeholder engagement; branding and logo design; collateral materials development; website and social media design, development and management; email communications; media relations and press release development and distribution; government relations; public meetings and workshop facilitation and other special event management. Stacy has a Bachelor of Science in Marketing and International Business from New York University’s Stern School of Business and a Master of Science in Environmental Resource Management from the Florida Institute of Technology. Public Outreach Approach Stakeholder Engagement & Public Meetings Public input is a critical component of providing a sense of community and continuity for any proposed project. The project team will work to ensure not only that stakeholders have an understanding of the project goals, objectives and benefits, but that the various residential, industrial, commercial and municipal stakeholders in the project areas are afforded the opportunity to provide meaningful input. While our typical public involvement protocols are very comprehensive, in this new world of COVID- 19, the way we engage the public must be different. We don’t know what social distancing guidelines will be in place when the public outreach portion of this project is ready to move forward. Even though we would have in-person public stakeholder meetings, citizens, especially elderly ones, may be less inclined to go to live meetings, so we want to make it as easy as possible for them to participate remotely. That’s why we would incorporate virtual meetings (through platforms such as Zoom, GoToMeeting, etc.) and use survey and Interactive Polling Software to capture feedback and ideas from stakeholders. Public Outreach and Education Materials Development Communications materials such as project Fact Sheets and invitation letters to stakeholders would be developed using plain language and distributed via traditional direct mail to all stakeholders within the boundaries of the project area. Additionally, various online and digital platforms would be used to generate stakeholder awareness and engagement. For example, we will follow the City of Clearwater’s communications protocols, and coordinate with their public information staff, to provide project information and updates that can easily be posted to the city’s website, shared through their social media platforms and distribute press releases that can be emailed to their media and community outreach email lists. Surveys and polls will also be developed to further solicit input from the public and distributed using the same communication channels as well as community/business organization partners such as the Clearwater Chamber and Economic Development Council. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-8874 Agenda Date: 2/16/2021 Status: Agenda ReadyVersion: 1 File Type: Council Discussion Item In Control: Council Work Session Agenda Number: 10.1 SUBJECT/RECOMMENDATION: Tampa Bay Regional Planning Council Resolution - Councilmember Hamilton SUMMARY: Page 1 City of Clearwater Printed on 2/15/2021