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05/03/2021
Monday, May 3, 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 May 3, 2021Council Work Session Work Session Agenda 1. Call to Order 2. Finance Comprehensive Annual Financial Report for Fiscal Year 2020 (WSO)2.1 Authorize the piggyback of State of Florida Term Contract No. 84121500-15-01, Purchasing Card Services, with Bank of America, for the term April 6, 2021 through January 4, 2026, including administrative extensions, pursuant to Clearwater Code of Ordinances Section 2.564(1) (d) Other Government Entities Bids, and authorize the appropriate officials to execute same. (consent) 2.2 3. Parks and Recreation Authorize a purchase order to O’Neils LLC dba O’Neils Tree Service (O’Neils) of Ozona, FL in an annual not to exceed amount of $350,000.00 for term May 10, 2021 through May 9, 2022 with four one-year renewal options pursuant to Invitation to Bid 20-21, Tree and Stump Removal Services and authorize the appropriate officials to execute same. (consent) 3.1 4. Police Department Approve agreements with Prison Rehabilitation Industries and Diversified Enterprises (PRIDE) dba PRIDE Enterprises, of Brandon, FL, in the amount of $112,950 for the refurbishment of two command vehicles, in accordance with Clearwater Code of Ordinances Section 2.564(2) and authorize the appropriate officials to execute same. (consent) 4.1 Approve an agreement between Divecom Services, LLC, located at 1323 20th Avenue East, Palmetto, FL 34221, and the City of Clearwater to provide vessel removal, towing, storage, and/or disposal services to accommodate all needs of the Clearwater Police Department and the Marine and Aviation Department and authorize the appropriate officials to execute same. (consent) 4.2 Authorize the Clearwater Police Department (CPD) to accept a Florida Department of Health, Helping Emergency Responders Obtain Support (HEROS) Program grant, to update the Department’s Naloxone (Narcan) supply in the valued amount of $11,800 and authorize the appropriate officials to execute same. (consent) 4.3 5. Engineering Page 2 City of Clearwater Printed on 4/30/2021 May 3, 2021Council Work Session Work Session Agenda Approve the request from the owner of property addressed as 2055 Buford Avenue, Clearwater to vacate a platted 10-foot Utility Easement, described as the north 10 feet of lot 18, Cedar Heights, according to the plat thereof as recorded in Plat Book 81, Page 85, of the Public Records of Pinellas County, Florida, and pass Ordinance 9461-21 on first reading. 5.1 Approve the request from the owner of property addressed as 1002 Eldorado Avenue, Clearwater to vacate a platted 5-foot Utility Easement, described as the west 5 feet of lot 7, Block 69, Mandalay, recorded in Plat Book 14, Pages 32 to 35, of the Public Records of Pinellas County, Florida, and pass Ordinance 9462-21 on first reading. 5.2 Approve the final plat for Elevate SafePoint, whose physical address is 1551/1555/1559 Union Street, located on the south side of Union Street approximately 900 feet east of Highland Avenue. (consent) 5.3 Approve the final plat for Leeks Thomas Estates, whose physical address is 511-517 Virginia Lane, located on the east side of Virginia Lane approximately 300 feet south of Gulf to Bay Boulevard. (consent) 5.4 Approve the final plat for Aventon Clearwater, whose physical address is 24323 / 24479 US Highway 19 North, located on the east side of US Highway 19 North approximately 800 feet north of Sunset Point Road. (consent) 5.5 Approve an Engineer of Record (EOR) Work Order to Metzger and Willard, Inc., of Tampa, Florida, in the amount of $256,542.00 for Local Limits and WRF Permit Renewals (21-0007-UT) and authorize the appropriate officials to execute same. (consent) 5.6 Award a construction contract to Kat Construction and Materials, Inc., of Port Richey, Florida, per Invitation to Bid (ITB) 18-0058-UT for Rehabilitation of Lift Stations 54 and 65, in the amount of $1,081,520.00; approve Engineer of Record (EOR) Supplemental One Work Order to Metzger and Willard, Inc. in the amount of $78,139.19, increasing the work order from $262,020.00 to $340,159.19, and authorize the appropriate officials to execute same. (consent) 5.7 Approve Amendment One to Southwest Florida Water Management District (SWFWMD) Cooperative Funding Agreement (N915) for Lower Spring Branch Conveyance Improvements (14-0048-EN), extending the expiration date through June 30, 2024, and authorize the appropriate officials to execute same. (consent) 5.8 6. Official Records and Legislative Services Appoint Lori Y. Carter to the Brownfields Advisory Board as a business owner or representative with a term to expire May 31, 2025. (consent) 6.1 Page 3 City of Clearwater Printed on 4/30/2021 May 3, 2021Council Work Session Work Session Agenda Appoint two members to the Airpark Advisory Board with terms to expire April 30, 2025. 6.2 Appoint two members with terms to expire April 30, 2025 and appoint one member to fill the remainder of an unexpired term through March 31, 2022 to the Public Art and Design Board. 6.3 7. Legal Confirm COVID-19 Emergency Proclamation and adopt Resolution 21-21.7.1 Request for authority to institute a civil action on behalf of the City against Reliant Underground, LLC to recover $2,249.63 for damages to city property. (consent) 7.2 Request for authority to institute a civil action on behalf of the City against Steve’s Excavating and Paving, Inc. to recover $5,205.89 for damages to city property. (consent) 7.3 Authorize the City of Clearwater to join the State of Florida and other local governmental units as a participant in the Florida Memorandum of Understanding and Formal Agreements implementing a Unified Plan and adopt Resolution 21-19. 7.4 Continued from March 4, 2021: Approve the contraction of the Clearwater Cay Community Development District and pass Ordinance 9437-21 on first reading. 7.5 Adopt Ordinance 9440-21 on second reading, annexing certain real property whose post office address is 1313 Parkwood Street, Clearwater, Florida 33755, together with the right-of-way of Parkwood Street abutting Lots 4 and 5, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 7.6 Adopt Ordinance 9441-21 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1313 Parkwood Street, Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Residential Low (RL). 7.7 Adopt Ordinance 9442-21 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1313 Parkwood Street, Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 7.8 Adopt Ordinance 9443-21 on second reading, annexing certain real property whose post office address is 2077 Poinsetta Avenue, Clearwater, Florida 33755, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 7.9 Page 4 City of Clearwater Printed on 4/30/2021 May 3, 2021Council Work Session Work Session Agenda Adopt Ordinance 9444-21 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 2077 Poinsetta Avenue, Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Residential Urban (RU). 7.10 Adopt Ordinance 9445-21 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2077 Poinsetta Avenue, Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 7.11 Adopt Ordinance 9460-21 on second reading, amending the Clearwater Code of Ordinances by replacing Division 3 of Article VI, Chapter 2, Purchasing, in its entirety with a revised Division 3 of Article VI, Chapter 2, Purchasing. 7.12 8. City Manager Verbal Reports Parking Inequities Special Meeting8.1 Fireworks8.2 9. City Attorney Verbal Reports 10. Council Discussion Item US Conference of Mayors Membership - Mayor Hibbard10.1 Chickens - Mayor Hibbard10.2 PSTA/Forward Pinellas Update - Councilmember Allbritton10.3 Standard Operating Procedures for Getting Solar Quotes - Councilmember Beckman 10.4 Councilmember Advisory Board Attendance - Mayor Hibbard10.5 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 14. Presentation(s) for Council Meeting Page 5 City of Clearwater Printed on 4/30/2021 May 3, 2021Council Work Session Work Session Agenda Teacher Appreciation Week Proclamation14.1 Page 6 City of Clearwater Printed on 4/30/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9101 Agenda Date: 5/3/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Finance Agenda Number: 2.1 SUBJECT/RECOMMENDATION: Comprehensive Annual Financial Report for Fiscal Year 2020 (WSO) SUMMARY: Page 1 City of Clearwater Printed on 4/30/2021 CITY OF CLEARWATER, FLORIDA COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2020 2019/2020 Parks & Recreation celebrated the completion of the Morningside Recreation Center. The 20,998-square-foot facility houses a gymnasium, fitness center, multi-purpose rooms and pools. The $5.6-million facility was paid for mostly through Penny for Pinellas. Clearwater Gas System outfitted the Morningside Recreation Complex with eight individual natural gas air conditioning units to cool all 21,000 square feet of space. The benefits of this conversion are both environmental and financial, as this helps lower Clearwater’s carbon footprint.ON THE COVER Frank V. Hibbard Mayor David Allbritton Kathleen Beckman Mark Bunker Hoyt Hamilton Councilmember Councilmember Councilmember Councilmember William B. Horne II City Manager Brian Jay Ravins Finance Director Prepared by: City of Clearwater Finance Department City of Clearwater, Florida Comprehensive Annual Financial Report for Fiscal Year Ended September 30, 2020 i ii City of Clearwater, Florida Comprehensive Annual Financial Report For the Fiscal Year Ended September 30, 2020 TABLE OF CONTENTS INTRODUCTORY SECTION: Title Page and List of Elected and Appointed Officials .......................................................................................... i Letter of Transmittal ............................................................................................................................................... v Certificate of Achievement for Excellence in Financial Reporting ....................................................................... ix Organizational Chart .............................................................................................................................................. x FINANCIAL SECTION: Report of Independent Auditor .............................................................................................................................. 1 Management’s Discussion and Analysis ............................................................................................................... 5 Basic Financial Statements: Government-wide Financial Statements: Statement of Net Position ........................................................................................................................... 20 Statement of Activities ................................................................................................................................ 21 Fund Financial Statements: Balance Sheet – Governmental Funds ..................................................................................................... 22 Reconciliation of the Balance Sheet of Governmental Funds to the Statement of Net Position ............ 23 Statement of Revenues, Expenditures, and Changes in Fund Balances - Governmental Funds ......... 24 Reconciliation of the Statement of Revenues, Expenditures, and Changes in Fund Balances of Governmental Funds to the Statement of Activities .......................................................................... 25 Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual – General Fund ...................................................................................................... 26 Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual – Special Development Fund ................................................................................. 27 Statement of Net Position – Proprietary Funds ........................................................................................ 28 Statement of Revenues, Expenses, and Changes in Net Position – Proprietary Funds ........................ 32 Statement of Cash Flows – Proprietary Funds ......................................................................................... 36 Statement of Fiduciary Net Position – Fiduciary Funds ........................................................................... 40 Statement of Changes in Fiduciary Net Position - Fiduciary Funds ........................................................ 41 Notes to the Basic Financial Statements ...................................................................................................... 42 Required Supplemental Information -–Pension Trust Funds ........................................................................... 106 Required Supplemental Information – Other Postemployment Benefits ......................................................... 112 Combining and Individual Fund Statements and Schedule Combining Balance Sheet – Nonmajor Governmental Funds ................................................................... 116 Combining Statement of Revenues, Expenditures and Changes in Fund Balances - Nonmajor Governmental Funds ............................................................................................................... 118 Schedule of Revenues, Expenditures, and Changes in Fund Balance – Budget and Actual – Community Redevelopment Agency Special Revenue Fund ............................... 121 Combining Statement of Net Position – Nonmajor Enterprise Funds ........................................................ 124 Combining Statement of Revenues, Expenses, and Changes in Net Position - Nonmajor Enterprise Funds...................................................................................................................... 125 Combining Statement of Cash Flows – Nonmajor Enterprise Funds ........................................................ 126 Combining Statement of Net Position – Internal Service Funds ................................................................ 130 Combining Statement of Revenues, Expenses, and Changes in Net Position – Internal Service Funds .......................................................................................................................... 131 Combining Statement of Cash Flows – Internal Service Funds ................................................................ 132 Combining Statement of Fiduciary Net Position – Fiduciary Funds........................................................... 136 Combining Statement of Changes in Fiduciary Net Position – Fiduciary Funds ....................................... 137 Statement of Changes in Assets and Liabilities – Agency Fund ............................................................... 138 iii City of Clearwater, Florida Comprehensive Annual Financial Report For the Fiscal Year Ended September 30, 2020 TABLE OF CONTENTS (Continued) STATISTICAL SECTION: Introduction ............................................................................................................................................ 139 Schedule 1 Net Position by Component .................................................................................................................. 141 Schedule 2 Changes in Net Position ....................................................................................................................... 142 Schedule 2a Program Revenues by Function/Program............................................................................................ 145 Schedule 3 Fund Balances of Governmental Funds .............................................................................................. 146 Schedule 4 Changes in Fund Balances of Governmental Funds ........................................................................... 147 Schedule 5 Assessed Value and Estimated Actual Value of Taxable Property ................................................... 148 Schedule 6 Direct and Overlapping Property Tax Rates ........................................................................................ 149 Schedule 7 Property Tax Levies and Collections .................................................................................................... 150 Schedule 8a Principal Real Property Taxpayers ....................................................................................................... 151 Schedule 8b Principal Personal Property Taxpayers ................................................................................................ 152 Schedule 9 Ratios of Outstanding Debt by Type .................................................................................................... 153 Schedule 10 Ratios of General Bonded Debt Outstanding ...................................................................................... 154 Schedule 11 Direct and Overlapping Governmental Activities Debt ........................................................................ 155 Schedule 12 Legal Debt Margin Information ............................................................................................................. 156 Schedule 13 Pledged-Revenue Coverage ................................................................................................................ 157 Schedule 14 Demographic and Economic Statistics ................................................................................................. 159 Schedule 15 Principal Employers .............................................................................................................................. 160 Schedule 16 Full-time Equivalent City Government Employees by Function/Program ........................................... 161 Schedule 17 Operating Indicators by Function/Program .......................................................................................... 162 Schedule 18 Capital Asset Statistics by Function/Program ...................................................................................... 163 OTHER INFORMATION: Continuing Disclosure – Gas System Revenue Refunding Bonds, Series 2013 and 2014 ........................................ 166 Continuing Disclosure – Water & Sewer Revenue Refunding Bonds Series 2011, 2017, 2017B and 2020 .............................................................................................................................................................. 171 Continuing Disclosure – Stormwater System Revenue Refunding Bonds, Series 2012 and 2013 ............................ 174 Fire Services Program ................................................................................................................................................... 175 Schedule of Receipts and Expenditures of Funds Related to the Deepwater Horizon Oil Spill ................................. 176 SINGLE AUDIT / GRANTS COMPLIANCE SECTION: Independent Auditor’s Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards ................................................................................................................................................ 179 Independent Auditor’s Report on Compliance for Each Major Program and on Internal Control over Compliance Required by the Uniform Guidance and Chapter 10.550, Rules of the Auditor General ............... 181 Schedule of Expenditures of Federal Awards and State Financial Assistance Projects ............................................ 183 Notes to Schedule of Expenditures of Federal Awards and State Financial Assistance Projects .............................. 185 Schedule of Findings and Questioned Costs ................................................................................................................ 187 Corrective Action Plans .................................................................................................................................................. 190 Management Letter ........................................................................................................................................................ 191 Independent Accountants’ Report on Compliance with Section 215.415, Florida Statutes ........................................ 193 Impact Fee Affidavit ....................................................................................................................................................... 194 iv This Page Intentionally Left Blank Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting Presented to City of Clearwater Florida For its Comprehensive Annual Financial Report For the Fiscal Year Ended September 30, 2019 Executive Director/CEO ix Internal Audit Fire Department Marine & Aviation Engineering Planning & Development Parks & Recreation Economic Development & Housing Engineering Human Resources Public Utilities Finance & Budget Gas System Public Communications City of Clearwater Organizational Chart Library City Manager Official Records & Legislative Services CRA Operations City Council Utility Customer Service Solid Waste / General Support Services Information Technology Citizens of Clearwater City Attorney Emergency Management Assistant City Manager Assistant City Manager Police Department x Carr, Riggs & Ingram, LLC 600 Cleveland Street Suite 1000 Clearwater, FL 33755 727.446.0504 727.461.7384 (fax) CRIcpa.com REPORT OF INDEPENDENT AUDITOR To the Honorable Mayor and City Council Members City of Clearwater, Florida We have audited the accompanying financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of Clearwater, Florida (the “City”), as of and for the year ended September 30, 2020, and the related notes to the financial statements, which collectively comprise the City’s basic financial statements as listed in the table of contents. We have also audited the financial statements of each of the City’s nonmajor governmental funds, nonmajor enterprise funds, internal service funds and fiduciary funds presented as supplementary information in the accompanying combining and individual fund statements as of and for the year ended September 30, 2020, as listed in the table of contents. Management’s Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. Auditors’ Responsibility Our responsibility is to express opinions on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor’s judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity’s preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity’s internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions. Opinions In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of Clearwater, Florida, as of September 30, 2020, and the respective changes in financial position and, where applicable, cash flows thereof, and the respective budgetary comparison for the General Fund and the Special Development Fund, for the year then ended in accordance with accounting principles generally accepted in the United States of America. In addition, in our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of each of the nonmajor 1 governmental funds, nonmajor enterprise funds, internal service funds, and fiduciary funds of the City of Clearwater, Florida as of September 30, 2020, and the respective changes in financial position and, where applicable, cash flows thereof for the year then ended, in accordance with accounting principles generally accepted in the United States of America. Emphasis of a Matter Correction of Prior Period As described in Note IV.I. to the financial statements; Special Programs Fund, SHIP Local Housing Assistance Fund, and Pinellas County Local Housing Assistance Fund fund balances, beginning of year were restated in the aggregate amount of $4,539,185 due to a correction of the prior period. Our opinions were not modified with respect to this matter. Other Matters Required Supplementary Information Accounting principles generally accepted in the United States of America require that the management’s discussion and analysis and required supplementary information, as listed in the table of contents, be presented to supplement the basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. Other Information Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the City’s basic financial statements. The introductory section, combining and individual nonmajor fund financial statements and schedule, and statistical section, as listed in the table of contents, and the schedule of receipts and expenditures of funds related to the deepwater horizon oil spill, are presented for purposes of additional analysis and are not a required part of the basic financial statements. The schedule of expenditures of federal awards and state financial assistance and related notes is presented for purposes of additional analysis as required by Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and Chapter 10.550, Rules of the Auditor General, and is also not a required part of the basic financial statements. The combining and individual nonmajor fund financial statements, schedules and the schedule of expenditures of federal awards and state financial assistance are the responsibility of management and were derived from and relate directly to the underlying accounting and other records used to prepare the basic financial statements. Such information has been subjected to the auditing procedures applied in the audit of the basic financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the combining and individual nonmajor fund financial statements and schedule, the schedule of receipts and expenditures of funds related to the deepwater horizon oil spill, and the schedule of expenditure of federal awards and state financial assistance are fairly stated, in all material respects, in relation to the basic financial statements as a whole. 2 The introductory and statistical sections have not been subjected to the auditing procedures applied in the audit of the basic financial statements and, accordingly, we do not express an opinion or provide any assurance on them. Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated April 9, 2021, on our consideration of the City’s internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the City’s internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the City’s internal control over financial reporting and compliance. CARR, RIGGS & INGRAM, LLC Clearwater, Florida April 9, 2021 3 4 This Page Intentionally Left Blank 5 Management’s Discussion and Analysis This Management’s Discussion and Analysis report provides the reader with a narrative overview and analysis of the financial activities of the City for the fiscal year ended September 30, 2020. Management’s Discussion and Analysis (MD&A) should be read in conjunction with the City’s Transmittal Letter, which begins on page v of this report. Financial Highlights The City’s assets and deferred outflows of resources exceeded its liabilities and deferred inflows of resources at the close of fiscal year 2020 by $1.1 billion (net position). Of this amount, $393.0 million (unrestricted net position) may be used to meet the government’s ongoing obligations to citizens and creditors. The City’s total net position increased by $84.6 million, or 8.1%, from the prior year’s net position. Net position for governmental activities increased by $40.5 million, or 8.1%, while the business-type net position increased by $44.1 million, or 8.1%. Governmental net position increased $40.5 million in fiscal 2020, versus an increase of $39.1 million in fiscal 2019. A decrease of $9.6 million in governmental program expenses, primarily in the general government, transportation and culture and recreation programs, along with a decrease in governmental program revenues of $7.2 million, resulted in a decrease in net program expenses of $2.4 million. Total general revenues for governmental activities increased by $344 thousand, or .3%, primarily due to a $4.6 million increase in property taxes offset by a decrease of $4.1 million in investment earnings resulting from a decrease in market valuation of the City’s investment portfolio. Transfers from business-type activities decreased $1.3 million. Business-type net position increased $44.1 million in fiscal 2020, versus an increase of $47.2 million in fiscal 2019. Net revenue from business-type activities, before investment earnings and transfers, increased $1.4 million, or 2.8%, as the result of an increase in charges for services of $162 thousand and a decrease in grants and contributions of $2.7 million, in addition to a decrease in program expenses of $3.9 million. The most significant increase in charges for services was in the Water & Sewer Utility ($3.8 million), where charges for services increased as a result of a 4% rate increase effective October 1, 2019, offset by a decrease in the Gas Utility ($3.0 million) due to a decrease in installations and retail sales as a result of the COVID-19 pandemic. General revenues decreased $5.8 million as the result of a decrease in investment earnings due to a decrease in market valuation of the City’s investment portfolio. Transfers to governmental activities decreased $1.3 million. At September 30, 2020, the City’s governmental funds reported combined ending fund balances of $154.1 million, an increase of $18.4 million, or 13.2%, in comparison with the prior year, as restated. Of this amount, $48.9 million (or 31.7%) is available for spending at the government’s discretion (unassigned fund balance). At September 30, 2020, unrestricted fund balance (the total of the committed, assigned and unassigned components of fund balance) for the general fund was $49.3 million, or 37.5% of total fiscal 2020 general fund expenditures. Total outstanding long-term liabilities decreased $15.7 million from the prior year, primarily due to a reduction in bonded debt in the amount of $12.1 million, a decrease in claims payable of $705 thousand, and a decrease in the liability for other postemployment benefits of $7.1 million; offset by an increase in the liability for compensated absences of $1.3 million, and an increase in capital lease purchase agreements (direct borrowings) of $2.9 million. Overview of the Financial Statements This discussion and analysis (MD&A) is intended to serve as an introduction to the City of Clearwater’s basic financial statements. The City’s basic financial statements are comprised of three components: 1) government-wide financial 6 statements, 2) fund financial statements, and 3) notes to the financial statements. This report also contains other supplementary information in addition to the basic financial statements themselves. Government-Wide Financial Statements The government-wide financial statements are the statement of net position and the statement of activities. These statements report information about the City as a whole using accounting methods similar to those used by private-sector businesses. Emphasis is placed on the net position of governmental activities and business-type activities, and the change in net position. Governmental activities are principally supported by taxes and intergovernmental revenues. Governmental activities include most of the City’s basic services, including police, fire, public works, parks and recreation, and general administration. Business-type activities are intended to recover all or a significant portion of their costs through user fees and charges. The City’s water and sewer system, stormwater system, gas system, solid waste and recycling, marine, aviation, Clearwater Harbor Marina, and parking system operations are reported as business-type activities. The statement of net position presents information on all of the City’s assets, deferred outflows of resources, liabilities, and deferred inflows of resources, with the difference reported as net position. Over time, increases or decreases in net position may serve as a useful indicator as to whether the financial position of the City is improving or deteriorating. Net position is reported in three major categories: 1) net investment in capital assets; 2) restricted; and 3) unrestricted. The statement of activities presents information showing how the City’s net position changed as a result of the year’s activities. All changes in net position are recorded in the period in which the underlying event takes place, which may differ from the period in which cash is received or disbursed. The Statement of Activities displays the expense of the City’s various programs net of related revenues, as well as a separate presentation of revenues available for general purposes. The government-wide financial statements include not only the City of Clearwater itself but also the Clearwater Redevelopment Agency (CRA). The CRA, though legally separate, is reported as part of the primary government as a blended component unit because the City Council serves as the CRA’s governing board and City management has operational responsibility for the CRA. Fund Financial Statements A fund is a grouping of related accounts that is used to maintain control over resources that have been segregated for specific activities or objectives. The fund financial statements provide detailed information about the City’s major funds – not the City as a whole. Fund accounting helps to ensure and demonstrate compliance with finance-related legal requirements. Based on restrictions on the use of monies, the City has established many funds that account for the multitude of services provided to residents. These fund financial statements focus on the City’s most significant funds: governmental, proprietary, and fiduciary. Governmental funds. Governmental funds are used to report most of the City’s basic services. These funds are used to account for essentially the same functions reported as governmental activities in the government-wide financial statements. The funds focus on the inflows and outflows of current resources and the balances of spendable resources available at the end of the fiscal year. Such information may be useful in evaluating a government’s near-term financing requirements. Because the focus of governmental funds is narrower than that of the government-wide financial statements, it is useful to compare the information presented for governmental funds with similar information presented for governmental activities in the government-wide financial statements. By doing so, readers may better understand the long-term impact of the government’s near-term financing decisions. Both the governmental fund balance sheet and the governmental fund statement of revenues, expenditures, and changes in fund balances provide a reconciliation to facilitate this comparison between governmental funds and governmental activities. The City maintains ten individual governmental funds. Information is presented separately in the governmental funds balance sheet and in the governmental funds statement of revenues, expenditures, and changes in fund balances for the General, Special Development, and Capital Improvement funds, which are considered to be major funds. Data from the other seven governmental funds are combined into a single aggregated columnar presentation. Individual fund data for each of these nonmajor governmental funds is provided in Combining and Individual Fund Statements and Schedules section of this report. 7 Annual appropriated budgets are adopted for the General Fund, the Special Development Special Revenue Fund, and the Community Redevelopment Agency Special Revenue Fund. Budgetary comparison statements and/or schedules have been provided for these funds to demonstrate budgetary compliance. The basic governmental fund financial statements can be found on pages 22-27 of this report. Proprietary funds. The City maintains two different types of proprietary funds. Enterprise funds are used to report the same functions presented as business-type activities in the government-wide financial statements. The City uses enterprise funds to account for the fiscal activities related to water and sewer, gas, solid waste & recycling and stormwater utilities, along with marine, aviation, parking system, and Clearwater Harbor Marina downtown boat slip operations. Internal service funds are an accounting device used to accumulate and allocate costs internally among the City’s various functions. The City uses internal service funds to account for the City’s building maintenance, custodial services, self- insurance program, risk management program, employee group insurance, vehicle acquisition and maintenance, and various support activities including data processing, telecommunications, and postal services. All of the City’s internal service funds predominantly benefit governmental activities and consequently have been aggregated and included within governmental activities in the government-wide financial statements. Proprietary funds provide the same type of information as the government-wide financial statements, only in more detail. The proprietary fund financial statements provide separate information for the Water and Sewer Utility, Gas Utility, Solid Waste & Recycling Utility, and Stormwater Utility enterprise funds, which are considered to be major funds of the City. The remaining four non-major enterprise funds are combined into a single aggregated presentation in the proprietary fund financial statements. Similarly, governmental activity internal service funds are aggregated into a single presentation. Individual fund data for the non-major enterprise funds and the internal service funds is provided in the form of combining statements in the supplementary information section of this report. The basic proprietary fund financial statements can be found on pages 28-39 of this report. Fiduciary funds. Fiduciary funds are used to account for resources held for the benefit of parties outside the government. Fiduciary funds are not reflected in the government-wide financial statements because the resources of the fiduciary funds are not available to support the City’s own programs. The accounting used for fiduciary funds is similar to proprietary funds. The City of Clearwater maintains two different types of fiduciary funds. Pension trust funds are used to report resources held in trust for retirees and beneficiaries covered by the City’s pension plans. An agency fund is used to report resources held by the City in a custodial capacity for individuals, private organizations and other governments, such as the Clearwater Downtown Development Board. The fiduciary fund statements can be found on pages 40-41 of this report. Notes to the Financial Statements The notes to the financial statements provide additional information that is essential for a full understanding of the information provided in the government-wide and fund financial statements, including the City’s progress in funding its obligations to provide pension benefits and other post-employment benefits to its employees. The notes to the financial statements can be found on pages 42-105 of this report. Other Information In addition to the basic financial statements and accompanying notes, this report also presents certain required supplementary information concerning the City’s progress in funding its obligations to provide pension benefits and other post-employment benefits to its employees. Required supplementary information can be found on pages 106-112 of this report. The combining statements referred to earlier in connection with non-major governmental funds, non-major enterprise funds, and internal service funds, are presented immediately following the required supplementary information. Combining and individual fund statements can be found on pages 116-138 of this report. 8 Government-Wide Financial Analysis The total net position of the City increased in both fiscal 2020 and fiscal 2019. As noted earlier, net position may serve over time as a useful indicator of a government’s financial position. In the case of the City, assets exceeded liabilities by $1.1 billion at the close of the fiscal year ended September 30, 2020. This represents an increase of $84.6 million from the September 30, 2019 total net position of $1.0 billion. The City reports positive balances in all three categories of net position, both for the government as a whole as well as for its separate governmental and business-type activities, for both the current year and the prior year, as indicated in the following table: Fiscal 2019 net position amounts in the Business-type Activities have been reclassified to correct an error in the calculation of net investment in capital assets, and consequently the calculation of unrestricted net position. A large portion of the City’s net position (49.9%) represents its net investment in capital assets (e.g., land, infrastructure, land improvements, buildings, and equipment, less any related outstanding debt used to acquire those assets). The City uses these capital assets to provide services to citizens, and consequently these assets are not available for future spending. Although the City’s investment in capital assets is reported net of related debt, it should be noted that the resources needed to repay this debt must be provided from other resources, since the capital assets themselves will not be used to liquidate these liabilities. There was an increase of $3.3 million (1.2%) in net investment in capital assets for governmental activities versus the previous year. The increase was due to a decrease in related revenue bond debt of $817 thousand and an increase of $2.4 million in capital lease purchase contracts, plus a net increase of $4.9 million in governmental capital assets for the current fiscal year. The increase in governmental capital assets of $4.9 million resulted from capital asset additions of $27.4 million offset by depreciation expense of $22.0 million, net capital asset retirements of $510 thousand and net transfers from business-type activities of $4 thousand. Net investment in capital assets for business-type activities increased by $8.0 million (2.8%) versus the previous year, as recalculated, due to a net decrease in business-type capital assets of $1.6 million consisting of $21.6 million of net capital Reclassifed Reclassified 2020 2019 2020 2019 2020 2019 Assets Current and other assets 329,051,866$ 291,431,458$ 333,081,335$ 300,350,373$ 662,133,201$ 591,781,831$ Capital assets 295,593,415 290,671,128 446,035,936 447,607,180 741,629,351 738,278,308 Total assets 624,645,281 582,102,586 779,117,271 747,957,553 1,403,762,552 1,330,060,139 Deferred Outflows of Resources 25,401,889 21,523,123 18,284,510 18,286,260 43,686,399 39,809,383 Liabilities Current and other liabilities 10,896,206 13,310,030 21,265,157 25,439,124 32,161,363 38,749,154 Long-term debt outstanding: Due within one year 15,992,365 16,129,395 7,443,280 8,059,629 23,435,645 24,189,024 Due in more than one year 45,905,365 48,789,599 166,460,801 178,567,623 212,366,166 227,357,222 Total liabilities 72,793,936 78,229,024 195,169,238 212,066,376 267,963,174 290,295,400 Deferred Inflows of Resources 37,897,156 26,585,705 11,925,090 7,979,462 49,822,246 34,565,167 Net position Net investment in capital assets 271,011,470 267,702,798 292,924,925 284,904,712 563,936,395 552,607,510 Restricted 136,163,696 129,078,592 36,575,666 36,270,729 172,739,362 165,349,321 Unrestricted 132,180,912 102,029,590 260,806,862 225,022,534 392,987,774 327,052,124 Total net position 539,356,078$ 498,810,980$ 590,307,453$ 546,197,975$ 1,129,663,531$ 1,045,008,955$ City of Clearwater, Florida - Net Position Governmental Activities Business-type Activities Total 9 asset additions, offset by $22.1 million in current year depreciation expense, net capital asset retirements of $1.1 million and net transfers to governmental activities of $4 thousand, plus a decrease of $9.6 million in related debt, net of unspent bond proceeds. An additional portion of the City’s net position (15.7%) represents resources that are subject to external restrictions on how they may be used. The remaining balance of unrestricted net position ($388.9 million or 34.4%) may be used to meet the government’s ongoing obligations to citizens and creditors. Changes in Net Position The following table reflects the changes in net position for the years ended September 30, 2020, and September 30, 2019: 2020 2019 2020 2019 2020 2019 Revenues Program revenues: Charges for services 45,397,783$ 47,141,917$ 192,201,645$ 192,040,050$ 237,599,428$ 239,181,967$ Operating grants and contributions 6,924,964 8,629,890 166,250 664,173 7,091,214 9,294,063 Capital grants and contributions 2,518,812 6,256,668 1,763,846 3,972,854 4,282,658 10,229,522 General revenues: Property taxes 68,614,394 64,050,066 - - 68,614,394 64,050,066 Sales taxes 19,310,646 19,838,771 - - 19,310,646 19,838,771 Utility taxes 17,165,590 16,448,848 - - 17,165,590 16,448,848 Communications services taxes 4,368,536 4,370,997 - - 4,368,536 4,370,997 Local business tax 2,027,827 2,077,054 - - 2,027,827 2,077,054 Local option gas tax 1,381,690 1,526,214 - - 1,381,690 1,526,214 State revenue sharing 3,694,083 3,968,913 - - 3,694,083 3,968,913 Tax increment 2,093,726 1,877,440 - - 2,093,726 1,877,440 Other 4,644,541 8,798,962 5,046,974 10,811,582 9,691,515 19,610,544 Total revenues 178,142,592 184,985,740 199,178,715 207,488,659 377,321,307 392,474,399 Expenses General Government 13,110,688 15,981,716 - - 13,110,688 15,981,716 Public Safety 72,719,652 71,644,725 - - 72,719,652 71,644,725 Physical Environment 5,934,269 551,540 - - 5,934,269 551,540 Transportation 12,423,436 15,956,724 - - 12,423,436 15,956,724 Economic Environment 7,297,768 7,670,612 - - 7,297,768 7,670,612 Human Services 598,353 573,879 - - 598,353 573,879 Culture and Recreation 36,527,862 45,595,432 - - 36,527,862 45,595,432 Interest on Long-term Debt 616,484 808,381 - - 616,484 808,381 Water and Sewer Utility - - 66,362,254 68,458,255 66,362,254 68,458,255 Gas Utility - - 32,671,325 35,552,937 32,671,325 35,552,937 Solid Waste Utility - - 18,579,921 19,327,785 18,579,921 19,327,785 Stormwater Utility - - 12,307,608 11,729,743 12,307,608 11,729,743 Recycling Utility - - 2,675,082 1,593,947 2,675,082 1,593,947 Other - - 10,842,029 10,687,304 10,842,029 10,687,304 Total expenses 149,228,512 158,783,009 143,438,219 147,349,971 292,666,731 306,132,980 28,914,080 26,202,731 55,740,496 60,138,688 84,654,576 86,341,419 Transfers 11,631,018 12,932,211 (11,631,018) (12,932,211) - - Increase in net position 40,545,098 39,134,942 44,109,478 47,206,477 84,654,576 86,341,419 Net position - beginning 498,810,980 459,676,038 546,197,975 498,991,498 1,045,008,955 958,667,536 Total net position - ending 539,356,078$ 498,810,980$ 590,307,453$ 546,197,975$ 1,129,663,531$ 1,045,008,955$ City of Clearwater, Florida - Changes in Net Position transfers Governmental Activities Business-type Activities Totals Increase in net position before Governmental Activities Net position of governmental activities increased by $40.5 million from $498.8 million to $539.3 million as of September 30, 2020. This represents an 8.1% increase in net position for governmental activities. 10 Total expenses for governmental activities decreased by $9.6 million, or 6.0%, versus the prior year. The most significant decreases were in the general government program ($2.9 million), the transportation program ($3.5 million) and the culture and recreation program ($9.1 million); offset by an increase in the physical environment program ($5.4 million). Total program revenues for governmental activities decreased by $7.2 million, or 11.6%, versus the prior year. This decrease was due to a $1.8 million decrease in charges for services, a decrease in operating grants and contributions of $1.7 million, and a decrease of $3.7 million in capital grants and contributions. Total general revenues for governmental activities increased by $344 thousand, or .3%, primarily due to a $4.6 million increase in property taxes and offset by a decrease of $4.1 million in investment earnings due to a decrease in market valuation of the City’s investment portfolio. Transfers from business-type activities decreased $1.3 million. The cost of all governmental activities this year was $149.2 million. This reflects a decrease of $9.6 million, or 6.0%, from the fiscal 2019 total of $158.8 million. However, as shown on the Statement of Activities, the amount that the City’s taxpayers ultimately financed for fiscal 2020 activities totaled $94.4 million, because some of the cost was paid for by those who directly benefited from the programs ($45.4 million) or by other governments and organizations that subsidized certain programs with grants and contributions ($9.4 million). This total of $94.4 million is $2.4 million, or 2.4%, less than the fiscal 2019 amount financed from general revenues. $0 $10 $20 $30 $40 $50 $60 $70 $80 Millions Expenses and Program Revenues - Governmental Activities For the Year Ended September 30, 2020 Expenses Revenues General Government PublicSafety Physical Transportation Economic Environment Human Culture and Recreation Interest on Long-term Debt 11 Business-type Activities Net position for business-type activities increased by $44.1 million from $546.2 million at September 30, 2019, to $590.3 million as of September 30, 2020. This represents an increase of 8.1% in net position for business-type activities. Net revenue from business-type activities, before investment earnings and transfers, increased from $49.3 million for the prior year to $50.7 million for fiscal 2020. This $1.4 million, or 2.8%, increase was primarily the result of an increase in charges for services of $162 thousand and a decrease in grants and contributions of $2.7 million, in addition to a decrease in program expenses of $3.9 million. Total program revenues for business-type activities decreased by $2.5 million, or 1.3%, to $194.1 million versus the prior year total of $196.6 million, due primarily to a decrease of $2.2 million (55.6%) in capital grants and contributions, primarily due to reductions in funding from the Southwest Florida Water Management District as a result of completions of projects in the Stormwater Utility ($521 thousand) and one-time revenues received in 2019 ($891 thousand), and a decrease in contributions from developers and customers in the Water & Sewer Utility ($885 thousand). Total expenses for business-type activities decreased by $3.9 million, or 2.7%, from $147.3 million in fiscal 2019 to $143.4 million for fiscal 2020. The majority of this decrease is in the Water & Sewer Utility ($2.1 million) and the Gas Utility ($2.9 million); offset by an increase in the Recycling Utility of $1.1 million. Transfers to governmental activities decreased $1.3 million, or 10.1%. Charges for services 25.5% Miscellaneous 0.1% Property Taxes 38.5% Local Option Gas Tax 0.8% Sales taxes 10.8%Tax Increment 1.2%Communications services taxes 2.4% Capital grants & contributions 1.4% Operating grants & contributions 3.9% Utility taxes 9.6% Local business tax 1.1% State revenue sharing 2.1% Investment earnings 2.6% Revenues by Sources - Governmental Activities For the Year Ended September 30, 2020 12 $0 $10,000,000 $20,000,000 $30,000,000 $40,000,000 $50,000,000 $60,000,000 $70,000,000 $80,000,000 $90,000,000 $100,000,000 Water and Sewer Utility Gas Utility Solid Waste Utility Stormwater Utility Recycling Other Expenses and Program Revenue - Business-type Activities For the Year Ended September 30, 2020 Expenses Revenues Charges for services 99.01% Operating grants and contributions .08% Capital grants and contributions .91% Revenues by Source - Business-type Activities For the Year Ended September 30, 2020 13 Financial Analysis of the City’s Funds As noted earlier, the City uses fund accounting to ensure and demonstrate compliance with finance-related legal requirements. Governmental Funds The focus of the City’s governmental funds is to provide information on near-term inflows, outflows, and balances of spendable resources. Such information is useful in assessing the City’s financing requirements. In particular, unassigned fund balance may serve as a useful measure of a government’s net resources available for spending at the end of the fiscal year. The City reports the General Fund, Special Development Fund, and Capital Improvement Fund as major governmental funds. The City’s governmental funds for the year ended September 30, 2020, reflect a combined fund balance of $154.1 million versus $135.7 million for the prior year, as restated, an increase of $18.4 million. A total of $48.9 million, or 31.74%, represents unassigned fund balance available for spending at the government’s discretion. The remainder of the fund balance is classified as assigned ($7.3 million or 4.71%) to indicate that it is intended to be used for specific purposes supported by management’s intent; committed ($25.5 million or 16.57%) to indicate that it can be used only for the specific purposes determined by a formal vote of the City Council; restricted ($72.2 million or 46.81%) to indicate that it can be spent only for the specific purposes stipulated by constitution, external resource providers, or through enabling legislation; or nonspendable ($256 thousand or 0.17%) to indicate that it cannot be spent or is legally or contractually required to remain intact. The General Fund is the chief operating fund of the City. At September 30, 2020, unassigned fund balance of the General Fund totaled $48.9 million, with the remaining $402 thousand in fund balance classified as nonspendable or assigned. As a measure of the general fund’s liquidity it is useful to compare unassigned fund balance to total fund expenditures. Unassigned fund balance represents 37.3% of total general fund expenditures (GAAP basis before transfers) for the current fiscal year. The fund balance of the Special Development Fund increased from $11.0 million to $11.6 million, an increase of $576 thousand or 5.2%, during the current fiscal year versus an increase of $6.3 million for fiscal 2019. Total revenues decreased by $2.2 million, primarily due to a decrease in investment earnings of $1.4 million due to declining market conditions offset by an increase in the average balance of cash and investments; a decrease in property, infrastructure sales, and local option gas taxes of $122 thousand; an increase in impact fees of $561 thousand; and a decrease in intergovernmental revenue of $1.3 million due to the completion of reimbursements from Pinellas County for Gulf Blvd. improvements in 2019. Transfers in decreased by $900,000, due to the return of unused Penny for Pinellas revenues from the Crest Lake Park Improvements project in the Capital Improvement Fund in 2019, while transfers out increased by $2.5 million primarily due to an increase in transfers to the Capital Improvement Fund to fund projects. The fund balance for the Capital Improvement Fund increased from $64.5 million to $69.4 million during the current fiscal year. This increase of $4.9 million is primarily the result of current year capital project funding received from other funds in excess of current year capital project expenditures. This is typical volatility for the Capital Improvement Fund due to timing differences between project funding and project spending. The fund balances for Other (non-major) Governmental Funds posted an increase of $2.3 million (from $21.5 million, as restated, to $23.8 million) during the current fiscal year. Proprietary Funds The City’s proprietary funds provide the same type of information found in the government-wide financial statements, but in more detail. The City reports the Water and Sewer Utility Fund, the Gas Utility Fund, the Solid Waste & Recycling Utility Fund, and the Stormwater Utility Fund as major funds. The Water and Sewer Utility Fund realized a $24.8 million increase in net position versus $19.6 million increase for the prior year. Operating revenues increased by $3.8 million, or 4.4%, while operating expenses also increased $3.9 million, or 6.2%. This resulted in a net decrease in operating income of $90 thousand from $24.05 million in fiscal 2019 to $23.96 million in 2020. Additionally, capital grants and contributions decreased by $887 thousand, or 47.4%, and investment earnings decreased by $2.1 million (45.6%). The increase in operating revenues was primarily the result of a 4.0% rate 14 increase effective October 1, 2019. The increase in operating expenses was primarily due to an increase in professional fees of $1.6 million as a result of consulting services to meet regulatory requirements, keep plants functioning properly and continued work on the master plan; and an increase in repairs & maintenance of $2.1 million due to additional required maintenance at all facilities and lift stations as well as R&R work on infrastructure. The Gas Utility Fund realized an increase of $6.4 million in net position versus a $8.6 million increase for the prior year. Operating revenues decreased by $3.0 million, or 6.5%, from the prior year, and operating expenses also decreased by $2.8 million (7.8%). This resulted in a net decrease in operating income of $200 thousand from $10.4 million in 2019 to $10.2 million in 2020. Operating revenues decreased due to a reduction in installations and retail sales as a result of the COVID-19 pandemic. The decrease in operating expenses was primarily due to a reduction in purchases for resale of $4.0 million resulting from a reduction in installations and retail sales, offset by an increase in depreciation expense of $604 thousand due to the addition of new assets as a result of completed construction at the Clearwater Gas Complex. The Solid Waste & Recycling Utility Fund realized a $4.9 million increase in net position versus a $6.7 increase in the prior year. Operating revenues decreased by $86 thousand, or .31%, while operating expenses increased by $602 thousand (2.8%), resulting in a decrease of $688 thousand in operating income. The increase in operating revenues was primarily due to a rate increase of 3.75% effective October 1, 2019, reduced to a 2% increase in sales to customers due to a decrease in commercial collections resulting from business closures due to the COVID-19 pandemic, offset by a decrease in other revenues of $662 thousand due to one-time revenues received from FEMA in fiscal 2019 for Hurricane Irma debris removal. The increase in operating expenses was primarily due to the purchase of new sanitation vehicles by the Garage Internal Service Fund. Debt service for the vehicles is passed through to Solid Waste and Recycling via internal service charges. The Stormwater Utility Fund realized an increase in net position of $3.9 million versus a prior year increase of $8.2 million. Operating revenues decreased by $2.3 million, or 11.6%, and operating expenses increased $631 thousand, or 5.8%, resulting in a decrease of $2.9 million in operating income. Operating revenues decreased due to a rate decrease of 8.5% effective October 1, 2019, as well as a decrease in funding in the amount of $871 thousand that was returned from the Army Corps of Engineers for the Stevenson’s Creek Estuary project in 2019. Operating expenses increased primarily due to increased repair and maintenance charges for the David Avenue project offset by reductions in stormwater repair and replacement activity. There was also a decrease in capital grants and contributions of $887 thousand (47.4%) due to reductions in funding from the Southwest Florida Water Management District as a result of the completion of the Hillcrest Bypass Culvert project, and one-time revenues received in 2019. Unrestricted net position and changes in net position of the proprietary funds for fiscal years 2020 and 2019: Fund 2020 2019 2020 2019 Water and Sewer Utility 131,892,848$ 98,248,327$ 24,799,299$ 19,635,287$ Gas Utility 26,420,385 29,385,768 6,369,734 8,554,658 Solid Waste & Recycling Utility 29,375,269 31,353,565 4,857,600 6,652,662 Stormwater Utility 42,188,275 43,334,867 3,906,621 8,217,196 Other funds 25,579,025 22,760,064 2,538,113 2,985,257 Totals 255,455,802$ 225,082,591$ 42,471,367$ 46,045,060$ Unrestricted Net Position Change in Net Position General Fund Budgetary Highlights The final amended budget for General Fund expenditures reflected a net decrease of $1,270,996, or 0.9%, from the original budget. Key elements of this decrease were as follows: First Quarter Budget Amendments included an increase of $342 for employee recognition in various departments for the quarterly safety award; and increase of $468 for employee recognition in Engineering for the perfect claims award. 15 Mid-Year Budget Amendments included an increase of $342 to Engineering and an increase of $1,224 to Fire Department for the quarterly safety award. Third Quarter Budget Amendments included an increase of $34,560 to Fire Department overtime; a decrease of $126,108 to the fire supplemental pension plan; a decrease of $850,000 to Parks and Recreation personnel costs; a decrease of $340,000 to Parks and Recreation operating costs for utilities and purchases for resale; a decrease of $175,000 to Parks and Recreation garage service charges; a decrease of $80,000 to Parks and Recreation debt costs; an increase of $116,545 to the police supplemental pension plan; and an increase of $146,631 to Police Department personnel costs and operating supplies related to Coronavirus response. Final budgeted revenues reflect a net increase of $660,465, or 0.46%, from the original budget primarily due to the following: First Quarter Budget Amendments included an increase of $31,819 in miscellaneous revenues to correct revenue totals in the budget ordinance that were incorrectly included in transfer-in revenues. Mid-Year Budget Amendments included an increase of $1,928,663 to surplus land sales representing the proceeds from the sale of four city owned properties to the CRA. Third Quarter Budget Amendments included an increase of $322,140 in property tax revenues to reflect actual collections for the year; a net increase of $950,000 in utility tax revenues to bring the budget in line with anticipated receipts for the year; a decrease of $200,000 in communications service tax revenues to bring the budget in line with anticipated receipts for the year; a net increase of $50,000 in franchise fee revenues to bring the budget in line with anticipated receipts for the year; a net increase of $230,000 in other permits and fees to bring the budget in line with anticipated receipts for the year; and a net decrease of $1,485,927 in intergovernmental revenue, consisting of an increase of $146,631 in grant revenue for coronavirus emergency funding from the U.S. Department of Justice, a decrease of $240,000 to state revenue sharing, a decrease of $30,000 to alcoholic beverage license revenues, a decrease of $1,400,000 to local half-cent sales tax, a decrease of $9,563 to public safety supplemental pension revenue, an increase of $48,900 to Pinellas County library cooperative revenues, a decrease of $108,000 to the Pinellas County fire tax, a decrease of $20,000 to the Pinellas County EMS tax, and an increase of $126,105 to Pinellas County fire and EMS reimbursements, to bring the budget in line with anticipated revenues for the year; a net decrease of $1,415,000 in charges for services, consisting of an increase of $30,000 to fire inspection fees, net decreases of $1,000,000 to various parks and recreation fees, and net decreases of $445,000 to Pier 60 revenues; an increase of $160,000 to fines and forfeiture revenues; and an increase of $88,700 to miscellaneous revenues. Final budgeted “transfers in” from other funds reflect an increase of $1,625,078 or 14.3%, from the original budget primarily due to: A decrease of $31,819 to correct transfer-in totals in the budget ordinance that should have been included in miscellaneous revenues; and A transfer of $2,376 from the Central Insurance Fund for employee recognition related to the quarterly safety award and the perfect claims award; and A transfer of $9,199 from the Special Programs Fund to return unused funds from the 2016 Clearwater Ferry program; and A transfer of $117,993 from the Special Programs Fund to return unused funds from the ULI Report Implementation program; and A transfer of $1,527,329 from the Gas Utility Fund for additional dividends. Final budgeted “transfers out” reflect an increase of $3,928,049 or 35.9%, from the original budget primarily due to: A transfer of $9,199 to the Marine Fund for the Clearwater Ferry’s use of slips 149 and 150; and A transfer of $117,993 to the Capital Improvement Fund for the Memorial Causeway Lighting project; and A transfer of $3,500,000 to the Special Programs Fund for the Back-to-Business grant program; and A transfer of $170,857 to the Special Programs Fund for the Police Body Worn Camera program; and A transfer of $130,000 to the Capital Improvement Fund for the Miscellaneous Parks and Recreation Contracts project for the Hillltop Securities agreement. Total actual revenues for the General Fund for fiscal 2020 were $3.4 million, or 2.4%, greater than final budgeted revenues. The most significant excesses were $620 thousand in investment earnings primarily due to net appreciation in 16 fair value as a result of market conditions, $641 thousand in utility taxes, $252 thousand in franchise fees, $1.5 million in intergovernmental revenues and $149 thousand in miscellaneous revenues. Fiscal 2020 actual expenditures for the General Fund were $5.6 million (4.1%) less than final budgeted expenditures, primarily due to budget savings across most City departments for fiscal 2020. Capital Asset and Debt Administration Capital Assets Capital assets include land, buildings and building improvements, improvements other than buildings, machinery and equipment, and infrastructure. The infrastructure asset category includes long-lived capital assets, typically stationary in nature, such as roads, sidewalks, and bridges. At September 30, 2020, the City had investments in capital assets totaling $741,629,351 (net of accumulated depreciation). 2020 2019 2020 2019 2020 2019 Land 91,473$ 89,536$ 30,892$ 31,969$ 122,365$ 121,505$ Buildings 86,611 91,093 53,313 51,757 139,924 142,850 Improvements other than buildings 25,940 19,697 320,165 321,420 346,105 341,117 Machinery and equipment 32,835 31,434 8,809 8,521 41,644 39,955 Infrastructure 45,062 48,561 - - 45,062 48,561 Construction in progress 13,672 10,350 32,857 33,940 46,529 44,290 Total 295,593$ 290,671$ 446,036$ 447,607$ 741,629$ 738,278$ * Net of accumulated depreciation Governmental Activities TotalBusiness-type Activities City of Clearwater, Florida - Capital Assets* (amounts in thousands) Net capital assets for the City’s governmental activities increased from $290.7 million to $295.6 million, reflecting an increase of $4.9 million for the current fiscal year. Capital asset additions of $27.4 million were offset by depreciation expense of $22.0 million, net capital asset retirements totaling approximately $510 thousand, and net transfers from business-type activities of $4 thousand. Major fiscal 2020 completed governmental capital projects include $1.1 million for Moccasin Lake Park Restoration, $4.0 million for Countryside Plex Renovation, and $3.0 million for Seminole Boat Launch Improvements. Net capital assets for the City’s business-type activities decreased from $447.6 million to $446.0 million, reflecting a decrease of $1.6 million for the current fiscal year. Capital asset additions of $21.6 million were offset by depreciation expense of $22.1 million, net capital asset retirements totaling approximately $1.1 million, and net transfers to governmental activities of $4 thousand. Major fiscal 2020 completed business-type capital projects included $3.8 million for the Hillcrest Bypass Culvert, $3.1 million for the Kapok Terrance Sewer Expansion, $ 2.1 million for Lift Station #45 and Sand Key Force Main, and $3.5 million for buildings at the new Clearwater Gas Complex. Additional information on the City’s capital assets can be found in Note III (C) on the notes to the financial statements. Long-term debt and other long-term liabilities The City’s total long-term liabilities decreased from $251.5 million to $235.8 million, a decrease of $15.7 million or 6.3%. Long-term liabilities for governmental activities decreased by $3.0 million, or 4.7%, while long-term liabilities for business- type activities decreased by $12.7 million or 6.8%. Key factors contributing to these changes included: The decrease in long-term liabilities for governmental activities is primarily due to a decrease in the liability for other postemployment benefits of $4.9 million; a decrease in claims payable of $705 thousand; and a reduction 17 in bonded debt of $817 thousand; offset by an increase of $1.0 million in compensated absences and an increase of $2.4 million in capital lease purchase agreements. The decrease in long-term liabilities for business-type activities is primarily due to a decrease in the liability for other postemployment benefits of $2.2 million and a reduction in bonded debt of $11.3 million; offset by an increase of $251 thousand in compensated absences and an increase of $501 thousand in capital lease purchase agreements. The City’s bonded debt as of September 30, 2020, consists entirely of revenue bonds and direct placement bank loans (secured solely by specified revenue sources) with no general obligation debt or special assessment debt outstanding. Governmental activities revenue bonds totaled $4.7 million while revenue bonds and direct placement bank loans for business-type activities totaled $162.0 million. The City’s Charter limits indebtedness to 20% of the assessed valuation of non-exempt real estate. The current debt limitation is approximately $2.9 billion, which is significantly in excess of the City’s applicable indebtedness of approximately $170.5 million at September 30, 2020. Additional information on the City’s long-term debt can be found in Note III (F) of the notes to the financial statements. Economic Factors and Year 2021 Budgets and Rates Factors considered in preparing the City of Clearwater’s budget for fiscal year 2021 included: An increase of 6.5% in property values, from $11.9 billion to $12.7 billion, including new construction. The bulk of this increase, $622.9 million, is related to increases in current values, while the value of new construction and annexations totals $157.6 million. This is the eighth year of increased valuations that the City has recognized since the recessionary years 2008-2012. City taxable values have fully restored, and are recognizing growth over the previous peak values of 2007. The approved millage rate of 5.9550 mills for fiscal year 2021 is the same as the prior year. The millage was increased 0.8 mills in fiscal year 2019. Total full-time equivalent positions for 2020/21 are reflected at 1,836.6 FTEs for all City operations, the same level of staffing as the 2019/20 budget. In the General Fund, FTEs total 1,101.1. This is a decrease of 0.5 to transfer the Health and Well Being Specialist fully to the Employee Benefits program in the Central Insurance Fund. An increase of $1.8 million in the actuarially required contribution to the Employees’ Pension Plan, from $9.7 million, or 11.5% of covered payroll, for fiscal 2020 to $11.5 million, or 12.72% of covered payroll, for fiscal 2021. The approved budget plans for a contribution rate of 6.64% of non-hazardous covered payroll and 21.49% of hazardous covered payroll with no additional contribution toward the credit balance, which was $29.0 million as of January 2020. An increase in employee medical insurance costs of $178,596 to a total of $19.1 million across all City operations. Included in the budget is $1.7 million of health clinic operating costs. Savings in claims costs should continue to offset the cost of the health clinic. Budgeted Water and Sewer utility revenues for 2021 reflect a 4.00% rate increase effective October 1, 2020, per a rate study adopted in September 2017 and updated in September 2019. Fiscal 2021 budgeted Stormwater utility revenues reflect a rate increase of 0.5% effective October 1, 2020, per a rate study adopted in August 2019. This new rate structure includes increases of 0.5% effective October 1, 2020 and October 1, 2021, following a rate decrease of 8.5% effective October 1, 2019. Budgeted revenue for the Solid Waste & Recycling Utility reflect an increase of 3.75% effective October 1, 2020 per a rate study adopted in August 2019. This new rate structure includes future increases of 3.75% each October 1 through fiscal year 2024. A rate study for the Gas utility was underway as of September 2020. Contacting the City’s Financial Management This financial report is designed to provide a general overview of the City’s finances for all those with an interest in our government and to show the City’s accountability for the money it receives. Questions concerning any of the information provided in this report or requests for additional financial information should be addressed to: City of Clearwater, Finance Department, 100 South Myrtle Avenue, Clearwater, Florida 33756-5520. 18 This Page Intentionally Left Blank 19 Basic Financial Statements Governmental Business-type Activities Activities Total ASSETS Cash and investments $ 243,474,904 $ 262,858,031 $ 506,332,935 Receivables (net) 7,927,458 15,370,450 23,297,908 Internal balances (2,012,824) 2,012,824 - Due from other governments 5,127,029 970,528 6,097,557 Prepaid items 3,819,742 1,075,097 4,894,839 Inventories 423,696 2,770,056 3,193,752 Restricted assets: Cash and investments - 26,905,081 26,905,081 Net pension asset 70,291,861 21,119,268 91,411,129 Capital assets: Land 91,473,415 30,891,976 122,365,391 Buildings 86,610,954 53,312,995 139,923,949 Improvements other than buildings 25,940,119 320,164,929 346,105,048 Machinery and equipment 32,834,843 8,809,321 41,644,164 Infrastructure 45,062,259 - 45,062,259 Construction in progress 13,671,825 32,856,715 46,528,540 Total assets 624,645,281 779,117,271 1,403,762,552 DEFERRED OUTFLOWS OF RESOURCES Deferred outflows - bond refunding - 10,249,481 10,249,481 Deferred outflows - pension 23,521,479 7,201,455 30,722,934 Deferred outflows - other postemployment benefits 1,880,410 833,574 2,713,984 Total deferred outflows of resources 25,401,889 18,284,510 43,686,399 LIABILITIES Accounts payable and other current liabilities 5,622,133 7,987,903 13,610,036 Accrued liabilities 4,814,171 1,598,408 6,412,579 Accrued interest payable 39,304 132,075 171,379 Due to other governments 257,480 - 257,480 Deposits 15,300 83,770 99,070 Unearned revenue and liens 147,818 - 147,818 Payable from restricted assets: Construction contracts payable - 1,015,611 1,015,611 Accrued interest payable - 1,970,640 1,970,640 Customer deposits - 8,476,750 8,476,750 Non-current liabilities due within one year: Compensated absences 4,602,008 1,207,762 5,809,770 Capital lease purchases payable 7,113,930 445,518 7,559,448 Revenue bonds payable 845,000 5,790,000 6,635,000 Claims payable 3,431,427 - 3,431,427 Long-term debt and liabilities: Compensated absences 5,393,476 1,415,477 6,808,953 Other postemployment benefits 17,867,074 7,920,350 25,787,424 Capital lease purchases payable 12,787,134 892,823 13,679,957 Revenue bonds payable 3,835,881 156,232,151 160,068,032 Claims payable 6,021,800 - 6,021,800 Total liabilities 72,793,936 195,169,238 267,963,174 DEFERRED INFLOWS OF RESOURCES Deferred inflows - business tax receipts 1,557,460 - 1,557,460 Deferred inflows - pension 30,511,970 9,341,700 39,853,670 Deferred inflows - other postemployment benefits 5,827,726 2,583,390 8,411,116 Total deferred inflows of resources 37,897,156 11,925,090 49,822,246 NET POSITION Net investment in capital assets 271,011,470 292,924,925 563,936,395 Restricted for: Capital projects 54,343,765 - 54,343,765 Debt service 775,765 7,862,896 8,638,661 Renewal and replacement - 5,140,895 5,140,895 Grant programs 10,752,305 - 10,752,305 Impact fees - 2,438,289 2,438,289 Stormwater system fees - 14,318 14,318 Pensions 70,291,861 21,119,268 91,411,129 Unrestricted 132,180,912 260,806,862 392,987,774 Total net position $ 539,356,078 $ 590,307,453 $ 1,129,663,531 The notes to the financial statements are an integral part of this statement. Primary Government City of Clearwater, Florida Statement of Net Position September 30, 2020 20 Program RevenuesOperating Primary Government Charges for Grants and Capital Grants & Governmental Business-TypeFunctions/Programs Expenses Services Contributions Contributions Activities Activities TotalPrimary government:Governmental activities:General government 13,110,688$ 25,869,486$ -$ -$ 12,758,798$ -$ 12,758,798$ Public safety 72,719,652 12,738,593 2,717,582 90,187 (57,173,290) - (57,173,290) Physical environment 5,934,269 64,936 - 350,460 (5,518,873) - (5,518,873) Transportation 12,423,436 175,233 597,776 233,612 (11,416,815) - (11,416,815) Economic environment 7,297,768 149,012 1,177,769 - (5,970,987) - (5,970,987) Human services 598,353 - 421,452 - (176,901) - (176,901) Culture and recreation 36,527,862 6,400,523 2,010,385 1,844,553 (26,272,401) - (26,272,401) Interest on long-term debt 616,484 - - - (616,484) - (616,484) Total governmental activities 149,228,512 45,397,783 6,924,964 2,518,812 (94,386,953) - (94,386,953) Business-type activities:Water & Sewer Utility 66,362,254 91,069,333 - 987,882 - 25,694,961 25,694,961 Gas Utility 32,671,325 42,785,272 - - - 10,113,947 10,113,947 Solid Waste Utility 18,579,921 24,646,441 - - - 6,066,520 6,066,520 Stormwater Utility 12,307,608 17,247,711 - 659,355 - 5,599,458 5,599,458 Recycling Utility 2,675,082 2,710,478 166,250 - - 201,646 201,646 Marine 3,677,482 4,885,030 - - - 1,207,548 1,207,548 Aviation 486,150 332,838 - 116,609 - (36,703) (36,703) Parking System 5,731,616 7,652,880 - - - 1,921,264 1,921,264 Clearwater Harbor Marina 946,781 871,662 - - - (75,119) (75,119) Total business-type activities 143,438,219 192,201,645 166,250 1,763,846 - 50,693,522 50,693,522 Total primary government 292,666,731$ 237,599,428$ 7,091,214$ 4,282,658$ (94,386,953) 50,693,522 (43,693,431) General revenues: Taxes: Property taxes 68,614,394 - 68,614,394 Sales taxes 19,310,646 - 19,310,646 Utility taxes 17,165,590 - 17,165,590 Communications services taxes 4,368,536 - 4,368,536 Local business tax 2,027,827 - 2,027,827 Local option gas tax 1,381,690 - 1,381,690 Intergovernmental: State revenue sharing 3,694,083 - 3,694,083 Tax increment 2,093,726 - 2,093,726 Investment earnings (loss) 4,550,254 5,046,974 9,597,228 Miscellaneous 94,287 - 94,287 Transfers 11,631,018 (11,631,018) - Total general revenues and transfers 134,932,051 (6,584,044) 128,348,007 Change in net position 40,545,098 44,109,478 84,654,576 Net position - beginning 498,810,980 546,197,975 1,045,008,955 Net position - ending 539,356,078$ 590,307,453$ 1,129,663,531$ The notes to the financial statements are an integral part of this statement.City of Clearwater, FloridaStatement of ActivitiesFor the Year Ended September 30, 2020 Net (Expense) Revenue and Changes in Net Position21 Special Capital Other Totals General Development Improvement Governmental Governmental Fund Fund Fund Funds Funds ASSETS Cash and investments $ 51,436,207 $ 9,336,043 $ 68,281,619 $ 24,005,954 $ 153,059,823 Receivables (net where applicable, of allowances for estimated uncollectible amounts): Accrued interest 64,433 57,976 22,621 21,859 166,889 Accounts and contracts 653,845 - - - 653,845 Mortgages, notes and other loans - - - 4,563,193 4,563,193 Property taxes 86,029 6,722 - - 92,751 Utility taxes 1,286,879 - - - 1,286,879 Franchise fees 1,004,251 - - - 1,004,251 Other 32,707 - - 1,300 34,007 Due from other funds - - 867,131 - 867,131 Due from other governmental entities - grants 146,631 - - 124,692 271,323 Due from other governmental entities - other 2,260,713 2,341,134 149,733 104,126 4,855,706 Inventories, at cost 64,194 - - - 64,194 Prepaid items - - - 192,288 192,288 Advances to other funds - - 2,564,975 325,440 2,890,415 Total assets $ 57,035,889 $ 11,741,875 $ 71,886,079 $ 29,338,852 $ 170,002,695 LIABILITIES Accounts and contracts payable $ 1,034,465 $ - $ 2,489,453 $ 469,067 $ 3,992,985 Accrued payroll 4,250,007 - - 86,174 4,336,181 Due to other funds 24,605 - - - 24,605 Due to other governments 66,618 142,862 - 48,000 257,480 Deposits 15,300 - - - 15,300 Unearned revenue 276,168 - - 20,207 296,375 Advances from other funds 76,866 - - 325,440 402,306 Total liabilities 5,744,029 142,862 2,489,453 948,888 9,325,232 DEFERRED INFLOWS OF RESOURCES Deferred inflows - business tax receipts 1,557,460 - - - 1,557,460 Deferred inflows - property taxes 86,029 6,722 - - 92,751 Deferred inflows - code enforcement liens 312,977 - - - 312,977 Deferred inflows - mortgage notes - - - 4,563,193 4,563,193 Total deferred inflows of resources 1,956,466 6,722 - 4,563,193 6,526,381 FUND BALANCES Nonspendable inventories and prepaid items 64,194 - - 192,288 256,482 Restricted - 6,290,978 46,521,593 19,350,242 72,162,813 Committed - 321,139 22,875,033 2,343,144 25,539,316 Assigned 337,919 4,980,174 - 1,941,097 7,259,190 Unassigned 48,933,281 - - - 48,933,281 Total fund balances 49,335,394 11,592,291 69,396,626 23,826,771 154,151,082 Total liabilities, deferred inflows and fund balances $ 57,035,889 $11,741,875 $ 71,886,079 $ 29,338,852 $ 170,002,695 The notes to the financial statements are an integral part of this statement. City of Clearwater, Florida Balance Sheet Governmental Funds September 30, 2020 22 Total fund balances of governmental funds 154,151,082$ Capital assets used in governmental activities are not financial resources and, therefore, are not reported in the funds. The cost of the assets totals $608,148,357 and the accumulated depreciation totals $312,554,942.295,593,415 Unavailable revenues that are not available as financial resources in the current period and therefore are not recognized in the funds: Deferred inflows - mortgage notes 4,563,193$ Accrued property taxes 92,751 Accrued liens 572,568 Accrued permit fees 16,577 5,245,089 The net pension asset related to governmental activities does not represent financial resources and is not reported in the funds. Deferred outflows relating to deferred amounts on refundings, pensions, and OPEB are not financial resources and, therefore, are not reported in the funds 25,401,889 Deferred inflows relating to pensions and other postemployment benefits are not current liabilities or financial uses and, therefore, are not reported in the funds (36,339,696) Accrued pollution remediation obligation expenses are not financial uses and, therefore, are not reported in the funds. Accrued general long-term debt interest expenses are not financial uses and, therefore, are not reported in the funds. The assets and liabilities of the internal service funds (funds used to charge the costs of certain activities to individual funds) are included in the governmental activities in the statement of net position. Net position of internal service funds 100,324,307 Less: Capital assets included in total governmental capital assets above (32,224,886) Less: Net pension asset included in total governmental net pension asset above (7,045,762) Less: Deferred outflows included in total governmental above (2,632,489) Add: Deferred inflows included in total governmental above 3,829,231 Add: Capital lease purchases payable included in total governmental below 17,539,890 Add: Compensated absences included in total governmental below 1,102,204 Add: Other post-employment benefits included in total governmental below 2,184,968 Less: Adjustment to reflect the consolidation of internal service fund activities related to enterprise funds 77,726,403 Long-term liabilities, including bonds payable, are not due and payable in the current period and, accordingly, are not reported in the funds. Long-term liabilities at year-end consist of: Bonds payable (4,620,000) Add: Issuance premium (to be amortized as a reduction of interest expense) (60,881) Capital lease purchases payable (19,901,063) Other post-employment benefits (17,867,074) Compensated absences (9,995,484) (52,444,502) Total net position of governmental activities 539,356,078$ The notes to the financial statements are an integral part of this statement. (249,552) (19,911) City of Clearwater, Florida Reconciliation of the Balance Sheet of Governmental Funds to the Statement of Net Position September 30, 2020 (5,351,060) 70,291,861 23 Special Capital Other Total General Development Improvement Governmental Governmental Fund Fund Fund Funds Funds REVENUES Taxes: Property $ 65,257,228 $ 3,264,415 $ - $ - $ 68,521,643 Sales - 12,087,548 - - 12,087,548 Utility 17,165,590 - - - 17,165,590 Communications services 4,368,536 - - - 4,368,536 Other taxes 2,027,827 1,381,690 - - 3,409,517 Total taxes 88,819,181 16,733,653 - - 105,552,834 Franchise fees 10,311,771 - - - 10,311,771 Licenses, permits, and fees 3,052,569 1,386,863 - - 4,439,432 Intergovernmental: Federal 146,631 - 33,442 1,073,459 1,253,532 State 13,764,898 - - 928,265 14,693,163 Local 9,640,034 - 1,040,188 3,102,828 13,783,050 Total intergovernmental 23,551,563 - 1,073,630 5,104,552 29,729,745 Charges for services 14,234,842 - - 1,226,088 15,460,930 Fines and forfeitures 1,479,026 - - 842,303 2,321,329 Investment earnings (loss): Interest 1,053,805 868,377 109,849 356,432 2,388,463 Net appreciation (depreciation) in fair value 266,586 221,515 - 85,996 574,097 Total investment earnings (loss) 1,320,391 1,089,892 109,849 442,428 2,962,560 Miscellaneous 2,576,416 - 146,774 868,699 3,591,889 Total revenues 145,345,759 19,210,408 1,330,253 8,484,070 174,370,490 EXPENDITURES Current: General government 12,291,587 - 209,282 147,339 12,648,208 Public safety 74,974,023 - 600,080 2,428,352 78,002,455 Physical environment 3,532,928 - 379,767 25,493 3,938,188 Transportation 6,038,040 - 2,414,727 - 8,452,767 Economic environment 2,279,736 - - 4,322,439 6,602,175 Human services 214,044 - - 419,909 633,953 Culture and recreation 31,904,004 - 2,140,544 926,760 34,971,308 Debt service: Principal - - - 1,507,820 1,507,820 Interest & fiscal charges - - - 307,470 307,470 Capital outlay - - 13,839,564 2,076,565 15,916,129 Total expenditures 131,234,362 - 19,583,964 12,162,147 162,980,473 Excess (deficiency) of revenues over (under) expenditures 14,111,397 19,210,408 (18,253,711) (3,678,077) 11,390,017 OTHER FINANCING SOURCES (USES) Transfers in 12,896,024 - 24,088,233 10,322,240 47,306,497 Transfers out (18,086,550) (18,634,660) (1,930,127) (4,327,315) (42,978,652) Proceeds from sale of capital assets 1,745,745 - - - 1,745,745 Other long-term debt issued - - 964,418 - 964,418 Total other financing sources (uses) (3,444,781) (18,634,660) 23,122,524 5,994,925 7,038,008 Net change in fund balances 10,666,616 575,748 4,868,813 2,316,848 18,428,025 Fund balances - beginning (as previously reported) 38,668,778 11,016,543 64,527,813 26,049,108 140,262,242 Prior period adjustment (See Note IV.I.) - - - (4,539,185) (4,539,185) Fund balances - beginning (restated) 38,668,778 11,016,543 64,527,813 21,509,923 135,723,057 Fund balances - ending $ 49,335,394 $ 11,592,291 $ 69,396,626 $ 23,826,771 $ 154,151,082 The notes to the financial statements are an integral part of this statement. City of Clearwater, Florida Statement of Revenues, Expenditures, and Changes in Fund Balances Governmental Funds For the Year Ended September 30, 2020 24 Net change in fund balances - total governmental funds 18,428,025$ Amounts reported for governmental activities in the Statement of Activities are different because: Governmental funds report capital outlays as expenditures while governmental activities report depreciation expense to allocate those costs over the life of the assets. This is the amount by which capital outlays exceeded depreciation in the current period. Expenditures for capital assets 16,226,943$ Less current year depreciation (12,023,586) 4,203,357 In the Statement of Activities the gain (loss) on disposition of capital assets is reported. The gain (loss) is not a source (use) of current resources and thus is not reported in the funds.(509,509) Capital lease proceeds provide current financial resources to governmental funds; however, capital leases increase long-term liabilities in the Statement of Net Position. In the current year these amounts are: Capital lease proceeds (964,418) Deferred outflows and deferred inflows are not current resources or uses of current financial resources and consequently are not reported in the funds: Current year change in deferred outflows 3,518,162 Current year change in deferred inflows (9,064,259) Repayment of long term debt principal is an expenditure in the governmental funds; however, the repayment reduces long-term liabilities in the Statement of Net Position. Current year amounts are: Revenue bond principal payments 805,000 Capital lease principal payments 702,820 1,507,820 Net pension asset is not a current financial resource and consequently is not reported in the funds; however, it is an asset in the Statement of Net Position. Current year change in the net pension asset 9,501,293 Liability for other post-employment benefits (OPEB) does not require the use of current financial resources and consequently is not reported in the funds; however, it is a liability in the Statement of Net Position. Current year change in the liability for other post-employment benefits 4,335,914 Some expenses reported in the Statement of Activities do not require the use of current financial resources and therefore are not reported as expenditures in the governmental funds: Current year change in compensated absences (842,333) Amortization of bond discounts and premiums 12,408 Current year change in pollution remediation obligation (22,345) Current year change in accrued interest expense 3,605 (848,665) Revenues in the statement of activities that do not provide current financial resources are not reported as revenues in the funds: Current year change in deferred inflows - mortgage notes 24,008 Current year change in accrued property taxes receivable 92,751 Current year change in accrued liens receivable 284,336 Current year change in deferred permit fees 2,400 The net revenues of internal service funds (funds used to charge the costs of certain activities to individual funds) for governmental activities are reported in the Statement of Activities but not in the governmental funds.10,033,883 Total change in net position of governmental activities 40,545,098$ The notes to the financial statements are an integral part of this statement. City of Clearwater, Florida Reconciliation of the Statement of Revenues, Expenditures, and Changes in Fund Balances of Governmental Funds For the Year Ended September 30, 2020 to the Statement of Activities 25 Variance with Actual Final Budget Original Final Amounts Positive (Negative) Taxes: Property $ 64,911,420 $ 65,233,560 $ 65,257,228 $ 23,668 Utility taxes 15,575,000 16,525,000 17,165,590 640,590 Communications services 4,514,400 4,314,400 4,368,536 54,136 Other taxes 2,100,000 2,100,000 2,027,827 (72,173) Total taxes 87,100,820 88,172,960 88,819,181 646,221 Franchise fees 10,010,000 10,060,000 10,311,771 251,771 Licenses, permits, and fees 2,739,000 2,969,000 3,052,569 83,569 Intergovernmental: Federal - - 146,631 146,631 State 14,308,980 12,776,048 13,764,898 988,850 Local 9,190,800 9,237,805 9,640,034 402,229 Total intergovernmental 23,499,780 22,013,853 23,551,563 1,537,710 Charges for services 15,569,430 14,154,430 14,234,842 80,412 Fines and forfeitures 1,264,000 1,424,000 1,479,026 55,026 Investment earnings (loss): Interest 700,000 700,000 1,053,805 353,805 Net appreciation (depreciation) in fair value - - 266,586 266,586 Total investment earnings (loss)700,000 700,000 1,320,391 620,391 Miscellaneous 2,048,000 2,427,819 2,576,416 148,597 Total revenues 142,931,030 141,922,062 145,345,759 3,423,697 EXPENDITURES General government City Council 353,660 353,660 354,008 (348) City Manager's Office 1,211,080 1,211,131 1,206,090 5,041 City Attorney's Office 1,770,760 1,770,829 1,662,939 107,890 Official Records & Legislative Services 1,224,070 1,224,070 1,144,009 80,061 Public Communications 1,192,620 1,192,686 1,024,330 168,356 Finance 2,747,190 2,747,367 2,343,876 403,491 Human Resources 1,344,610 1,344,610 1,118,199 226,411 Non-Departmental 1,673,400 1,856,745 1,669,361 187,384 Engineering 100,999 101,012 90,547 10,465 Planning 2,244,890 2,239,690 1,487,740 751,950 City Auditor's Office 226,000 226,012 190,488 35,524 Total general government 14,089,279 14,267,812 12,291,587 1,976,225 Public safety Police 44,534,560 44,797,736 43,776,009 1,021,727 Fire 27,459,710 27,369,386 27,054,613 314,773 Development & Neighborhood Services 4,318,250 4,323,450 4,143,401 180,049 Total public safety 76,312,520 76,490,572 74,974,023 1,516,549 Physical environment Engineering 2,996,263 2,996,648 2,686,216 310,432 Parks and Recreation 980,250 948,550 846,712 101,838 Total physical environment 3,976,513 3,945,198 3,532,928 412,270 Transportation Engineering 5,071,761 5,072,047 4,767,518 304,529 Parks and Recreation 1,496,600 1,348,000 1,270,522 77,478 Total transportation 6,568,361 6,420,047 6,038,040 382,007 Economic environment CRA Administration 459,530 459,557 445,211 14,346 Economic Development 1,894,330 1,894,396 1,834,525 59,871 Total economic environment 2,353,860 2,353,953 2,279,736 74,217 Human Services Human Resources / Equity Services 231,250 231,250 214,044 17,206 Total human services 231,250 231,250 214,044 17,206 Culture and recreation Parks and Recreation 25,512,380 24,437,680 23,418,338 1,019,342 Library 7,678,870 7,678,870 7,474,654 204,216 Marine 1,164,820 1,054,820 1,011,012 43,808 Total culture and recreation 34,356,070 33,171,370 31,904,004 1,267,366 Total expenditures 137,887,853 136,880,202 131,234,362 5,645,840 Excess (deficiency) of revenues over (under) expenditures 5,043,177 5,041,860 14,111,397 9,069,537 OTHER FINANCING SOURCES (USES) Transfers in 11,330,850 12,955,928 12,896,024 (59,904) Transfers out (14,105,350) (17,770,054) (18,086,550) (316,496) Proceeds from sale of capital assets - 1,669,433 1,745,745 76,312 Total other financing sources (uses) (2,774,500) (3,144,693) (3,444,781) (300,088) Excess (deficiency) of revenues and other financing sources over (under) expenditures and other financing uses Fund balances - beginning 38,668,778 38,668,778 38,668,778 - Fund balances - ending $ 40,937,455 $ 40,565,945 $ 49,335,394 $ 8,769,449 The notes to the financial statements are an integral part of this statement. Budgeted Amounts 8,769,449 City of Clearwater, Florida Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual General Fund For the Year Ended September 30, 2020 REVENUES 2,268,677 1,897,167 10,666,616 26 Variance with Final Budget Actual Positive Original Final Amounts (Negative) REVENUES Taxes: Property $ 3,247,290 $ 3,261,155 $ 3,264,415 $ 3,260 Sales 11,763,080 11,463,080 12,087,548 624,468 Other taxes 1,516,150 1,376,150 1,381,690 5,540 Total taxes 16,526,520 16,100,385 16,733,653 633,268 Licenses, permits, and fees 150,000 1,341,314 1,386,863 45,549 Investment earnings (loss): Interest 550,000 925,000 868,377 (56,623) Net appreciation (depreciation) in fair value - - 221,515 221,515 Total investment earnings (loss)550,000 925,000 1,089,892 164,892 Total revenues 17,226,520 18,366,699 19,210,408 843,709 EXPENDITURES Total expenditures - - - - Excess of revenues over expenditures 17,226,520 18,366,699 19,210,408 843,709 OTHER FINANCING SOURCES (USES) Transfers in - - - - Transfers out (18,634,660) (18,634,660) (18,634,660) - Total other financing sources (uses) (18,634,660) (18,634,660) (18,634,660) - Excess (deficiency) of revenues and other financing sources over (under) expenditures and other financing uses (1,408,140) (267,961) 575,748 843,709 Fund balances - beginning 11,016,543 11,016,543 11,016,543 - Fund balances - ending $ 9,608,403 $ 10,748,582 $ 11,592,291 $843,709 The notes to the financial statements are an integral part of this statement. For the Year Ended September 30, 2020 Budgeted Amounts City of Clearwater, Florida Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual (GAAP Basis) Special Development Fund 27 Water Solid Waste and Sewer Gas & Recycling Utility Utility Utility ASSETS Current assets: Cash and investments $ 129,610,920 $ 28,350,883 $ 35,164,100 Accrued interest receivable 130,746 27,461 31,873 Accounts and contracts receivable: Billed 4,289,432 1,032,665 1,281,645 Unbilled charges estimated 3,528,400 1,680,800 1,141,092 7,817,832 2,713,465 2,422,737 Less: Allowance for uncollectable accounts (63,533) (25,579) (17,128) Total receivables, net 7,754,299 2,687,886 2,405,609 Other receivables 31,251 10,025 234 Due from other funds - - - Due from other governments 292,065 115,575 - Inventories, at cost 1,134,264 1,595,242 - Prepaid expenses and other assets 1,025,433 33,250 - Total current assets - unrestricted 139,978,978 32,820,322 37,601,816 Current assets - restricted: Restricted cash and investments 9,609,978 3,505,305 1,198,432 Total current assets - restricted 9,609,978 3,505,305 1,198,432 Total current assets 149,588,956 36,325,627 38,800,248 Noncurrent assets: Restricted: Restricted cash and investments 9,349,684 300,000 - Advances to other funds - - - Net pension asset 7,811,606 4,270,705 5,072,589 Capital assets: Land and other nondepreciable assets 8,937,679 3,918,538 20,988,153 Capital assets, net of accumulated depreciation 212,545,454 93,554,497 1,392,977 Total noncurrent assets 238,644,423 102,043,740 27,453,719 Total assets 388,233,379 138,369,367 66,253,967 DEFERRED OUTFLOWS OF RESOURCES Deferred outflows - bond refunding 9,424,229 237,731 - Deferred outflows - pension 2,663,679 1,456,267 1,729,701 Deferred outflows - other postemployment benefits 289,636 162,541 197,280 Total deferred outflows of resources 12,377,544 1,856,539 1,926,981 The notes to the financial statements are an integral part of this statement. City of Clearwater, Florida Statement of Net Position Proprietary Funds September 30, 2020 Business-type Enterprise 28 Governmental Activities - Stormwater Other Internal Service Utility Funds Total Funds $ 42,108,504 $27,623,624 $262,858,031 $ 90,415,079 39,178 24,421 253,679 73,264 856,830 - 7,460,572 - 1,382,800 - 7,733,092 - 2,239,630 - 15,193,664 - (12,770) - (119,010) - 2,226,860 - 15,074,654 - - 607 - 42,117 52,379 - - - 329,520 541,377 21,511 970,528 - - 40,550 2,770,056 359,502 15,372 1,042 1,075,097 3,627,454 44,931,898 27,711,148 283,044,162 94,857,198 1,566,370 - 15,880,085 - 1,566,370 - 15,880,085 - 46,498,268 27,711,148 298,924,247 94,857,198 1,375,312 - 11,024,996 - - - - 2,533,963 2,252,482 1,711,886 21,119,268 7,045,762 26,887,363 3,016,958 63,748,691 729,591 48,639,709 26,154,608 382,287,245 31,495,295 79,154,866 30,883,452 478,180,200 41,804,611 125,653,134 58,594,600 777,104,447 136,661,809 587,521 - 10,249,481 - 768,073 583,735 7,201,455 2,402,533 76,833 107,284 833,574 229,956 1,432,427 691,019 18,284,510 2,632,489 (Continued) Activities Funds 29 Water Solid Waste and Sewer Gas & Recycling Utility Utility Utility City of Clearwater, Florida Statement of Net Position Proprietary Funds September 30, 2020 Business-type Enterprise LIABILITIES Current liabilities: Accounts and contracts payable 2,228,660 2,949,438 1,312,086 Accrued payroll 599,357 340,151 357,471 Accrued interest payable 59,650 52,013 20,412 Deposits - - - Unearned revenue and liens - - - Current portion of long-term liabilities: Compensated absences 410,683 340,669 253,441 Revenue bonds 622,500 637,083 - Capital lease purchases payable 253,430 125,940 - Due to other funds 37,536 - 407,101 Claims payable - - - Total current liabilities (payable from current assets) 4,211,816 4,445,294 2,350,511 Current liabilities (payable from restricted assets): Accounts and contracts payable 1,015,611 - - Accrued interest payable 1,632,890 18,047 - Current portion of long-term liabilities, revenue bonds 3,112,500 57,917 - Customer deposits 3,848,977 3,429,341 1,198,432 Total current liabilities (payable from restricted assets) 9,609,978 3,505,305 1,198,432 Total current liabilities 13,821,794 7,950,599 3,548,943 Noncurrent liabilities: Compensated absences 481,313 399,259 297,029 Other postemployment benefits 2,752,034 1,544,409 1,874,488 Revenue bonds (net of unamortized premiums/discounts) 126,940,640 7,875,000 - Capital lease purchases payable 717,933 129,169 - Advances from other funds 117,265 - 2,776,334 Claims payable - - - Total noncurrent liabilities 131,009,185 9,947,837 4,947,851 Total liabilities 144,830,979 17,898,436 8,496,794 DEFERRED INFLOWS OF RESOURCES Deferred inflows - pension 3,455,313 1,889,064 2,243,762 Deferred inflows - other postemployment benefits 897,634 503,742 611,404 Total deferred inflows of resources 4,352,947 2,392,806 2,855,166 NET POSITION Net investment in capital assets 99,260,359 88,885,657 22,381,130 Restricted for: Revenue bond debt service and sinking fund requirements 5,183,000 57,917 - Revenue bond renewal and replacement requirements 4,840,895 300,000 - Water and sewer impact fees 2,438,289 - - Stormwater system fees - - - Pensions 7,811,606 4,270,705 5,072,589 Unrestricted 131,892,848 26,420,385 29,375,269 Total net position $ 251,426,997 $119,934,664 $ 56,828,988 The notes to the financial statements are an integral part of this statement. 30 Governmental Activities - Stormwater Other Internal Service Utility Funds Total Funds Activities Funds 1,173,131 324,588 7,987,903 1,379,596 152,093 149,336 1,598,408 477,990 - - 132,075 19,392 - 83,770 83,770 - - - - 127,611 130,979 71,990 1,207,762 507,464 113,333 - 1,372,916 - 61,950 4,198 445,518 6,341,982 - - 444,637 727,409 - - - 3,431,427 1,631,486 633,882 13,272,989 13,012,871 - - 1,015,611 - 319,703 - 1,970,640 - 1,246,667 - 4,417,084 - - - 8,476,750 - 1,566,370 - 15,880,085 - 3,197,856 633,882 29,153,074 13,012,871 153,505 84,371 1,415,477 594,740 730,042 1,019,377 7,920,350 2,184,968 21,416,511 - 156,232,151 - 42,517 3,204 892,823 11,197,908 - - 2,893,599 2,128,473 - - - 6,021,800 22,342,575 1,106,952 169,354,400 22,127,889 25,540,431 1,740,834 198,507,474 35,140,760 996,342 757,219 9,341,700 3,116,557 238,119 332,491 2,583,390 712,674 1,234,461 1,089,710 11,925,090 3,829,231 53,233,615 29,164,164 292,924,925 14,684,996 2,621,979 - 7,862,896 - - - 5,140,895 - - - 2,438,289 - 14,318 - 14,318 - 2,252,482 1,711,886 21,119,268 7,045,762 42,188,275 25,579,025 255,455,802 78,593,549 $ 100,310,669 $56,455,075 584,956,393 $100,324,307 Net position of business-type activities $ 590,307,453 5,351,060 Adjustment to reflect consolidation of internal service fund activities related to enterprise funds 31 Water Solid Waste and Sewer Gas & Recycling Utility Utility Utility Operating revenues: Sales to customers $ 90,339,069 $39,723,475 $ 26,692,998 Service charges to customers 247,573 1,775,404 - User charges to customers - - - Billings to departments - - - Rentals 76,402 - 325,534 Other 406,289 1,286,393 504,637 Total operating revenues 91,069,333 42,785,272 27,523,169 Operating expenses: Personal services 12,556,615 6,411,622 7,458,368 Purchases for resale 6,438,666 10,563,127 1,398 Operating materials and supplies 5,470,456 1,224,941 351,605 Transportation 1,475,023 969,078 6,313,943 Utility service 3,041,595 171,787 119,210 Dumping charges 20,157 - 4,577,833 Depreciation 13,571,695 3,621,521 295,151 Interfund administrative charges 6,762,273 2,876,520 1,576,390 Other current charges: Professional fees 4,743,435 823,803 162,867 Advertising and marketing 37,548 1,956,501 3,000 Communications 223,651 180,751 163,716 Printing and binding 7,739 10,750 14,197 Insurance 793,390 321,120 118,800 Repairs and maintenance 10,446,998 366,341 203,855 Rentals 296,265 12,494 2,916 Miscellaneous 245,333 450,942 128,527 Data processing charges 979,700 541,220 278,540 Taxes - 2,091,800 10,140 Total other current charges 17,774,059 6,755,722 1,086,558 Total operating expenses 67,110,539 32,594,318 21,780,456 Operating income (loss) 23,958,794 10,190,954 5,742,713 The notes to the financial statements are an integral part of this statement. Enterprise City of Clearwater, Florida Statement of Revenues, Expenses, and Changes in Net Position Proprietary Funds For the Year Ended September 30, 2020 Business-type 32 Governmental Activities - Stormwater Other Internal Service Utility Funds Total Funds $ 16,919,107 $ 9,491,453 $183,166,102 $ - - - 2,022,977 - - 161,475 161,475 - - - - 60,956,383 - 3,072,885 3,474,821 54,295 224,077 1,016,597 3,437,993 635,528 17,143,184 13,742,410 192,263,368 61,646,206 3,119,014 3,377,649 32,923,268 10,262,720 - 1,483,290 18,486,481 3,690,720 153,703 171,755 7,372,460 1,468,988 1,142,826 168,979 10,069,849 342,602 61,534 527,276 3,921,402 509,242 198,549 - 4,796,539 - 3,481,218 1,114,691 22,084,276 9,957,551 1,267,240 1,534,210 14,016,633 238,320 440,461 747,300 6,917,866 9,354,373 - 2,649 1,999,698 - 45,174 75,446 688,738 1,185,627 205 4,828 37,719 32,395 52,880 175,260 1,461,450 19,365,189 1,204,517 587,352 12,809,063 1,184,737 2,770 17,047 331,492 1,320,748 60,000 696,274 1,581,076 230,780 303,790 179,830 2,283,080 569,040 - 25,309 2,127,249 21,393 2,109,797 2,511,295 30,237,431 33,264,282 11,533,881 10,889,145 143,908,339 59,734,425 5,609,303 2,853,265 48,355,029 1,911,781 (Continued) Activities Funds 33 Water Solid Waste and Sewer Gas & Recycling Utility Utility Utility Enterprise City of Clearwater, Florida Statement of Revenues, Expenses, and Changes in Net Position Proprietary Funds For the Year Ended September 30, 2020 Business-type Nonoperating revenues (expenses): Investment earnings (loss): Interest 2,018,289 459,337 485,323 Net appreciation (depreciation) in fair value 515,303 138,063 142,129 Total investment earnings (loss) 2,533,592 597,400 627,452 Interest expense (5,078,084) (351,612) (102,785) Bond issuance costs (207,346) - - Gain (loss) on disposal of capital assets 5,558,256 (7,737) - Total nonoperating revenue (expenses) 2,806,418 238,051 524,667 Income (loss) before contributions and transfers 26,765,212 10,429,005 6,267,380 Capital grants and contributions 987,882 - - Transfers in 2,001,176 - - Transfers out (4,954,971) (4,059,271) (1,409,780) Change in net position 24,799,299 6,369,734 4,857,600 Net position - beginning 226,627,698 113,564,930 51,971,388 Total net position - ending $ 251,426,997 $119,934,664 $ 56,828,988 Adjustment to reflect the consolidation of internal service fund activities related to enterprise funds Change in net position of business-type activities (page 21) The notes to the financial statements are an integral part of this statement. 34 Governmental Activities - Stormwater Other Internal Service Utility Funds Total Funds Activities Funds 624,848 382,689 3,970,486 1,290,398 179,317 101,676 1,076,488 332,464 804,165 484,365 5,046,974 1,622,862 (956,925) (179) (6,489,585) (325,028) - - (207,346) - 104,527 (21,579) 5,633,467 1,159,207 (48,233) 462,607 3,983,510 2,457,041 5,561,070 3,315,872 52,338,539 4,368,822 659,355 116,609 1,763,846 - 624 10,334 2,012,134 7,475,086 (2,314,428) (904,702) (13,643,152) (171,913) 3,906,621 2,538,113 42,471,367 11,671,995 96,404,048 53,916,962 88,652,312 $ 100,310,669 $ 56,455,075 $100,324,307 1,638,111 $ 44,109,478 35 Water Solid Waste and Sewer Gas & Recycling Utility Utility Utility CASH FLOWS FROM OPERATING ACTIVITIES Cash received from customers $ 90,888,739 $ 43,681,702 $ 27,882,077 Cash received from other funds - - - Cash payments to suppliers (31,931,388) (19,326,486) (6,577,405) Cash payments to employees (13,206,167) (7,830,732) (7,930,072) Cash payments to other funds (11,120,339) (5,298,720) (8,654,518) Net cash provided (used) by operating activities 34,630,845 11,225,764 4,720,082 CASH FLOWS FROM NONCAPITAL FINANCING ACTIVITIES Transfers from other funds 2,001,176 - - Transfers to other funds (4,954,971) (4,059,271) (1,409,780) Receipt of cash on loans to/from other funds - - - Payment of cash on loans to/from other funds (36,785) - (397,984) Net cash provided (used) by noncapital financing activities (2,990,580) (4,059,271) (1,807,764) CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES Principal payments on debt (29,681,325) (829,702) - Interest paid (4,954,436) (325,069) (113,056) Acquisition of capital assets (3,252,225) (10,388,927) (2,665,155) Proceeds from sale of capital assets 6,480,200 6,758 - Proceeds from issuance of debt 26,080,581 - - Payment of bond issuance costs (207,346) - - Capital contributed by: Other governmental entities 206,656 - - Property owners 14,301 - - Developers 563,521 - - Net cash provided (used) by capital and related financing activities (4,750,073) (11,536,940) (2,778,211) CASH FLOWS FROM INVESTING ACTIVITIES Interest received 2,637,386 660,319 685,075 Net cash provided (used) by investing activities 2,637,386 660,319 685,075 Net increase (decrease) in cash and cash equivalents 29,527,578 (3,710,128) 819,182 Cash and cash equivalents at beginning of year 119,043,004 35,866,316 35,543,350 Cash and cash equivalents at end of year $ 148,570,582 $ 32,156,188 $ 36,362,532 Cash and cash equivalents classified as: Cash and investments $129,610,920 $ 28,350,883 $ 35,164,100 Restricted cash and investments 18,959,662 3,805,305 1,198,432 Total cash and cash equivalents $ 148,570,582 $ 32,156,188 $ 36,362,532 The notes to the financial statements are an integral part of this statement. Enterprise City of Clearwater, Florida Statement of Cash Flows Proprietary Funds For the Year Ended September 30, 2020 Business-type 36 Governmental Activities - Stormwater Other Internal Service Utility Funds Total Funds $ 17,038,542 $ 13,781,012 $ 193,272,072 $ - - - - 61,792,669 (2,112,999) (4,104,595) (64,052,873) (36,717,188) (3,329,128) (3,578,470) (35,874,569) (10,740,268) (2,858,621) (2,216,553) (30,148,751) (5,004,116) 8,737,794 3,881,394 63,195,879 9,331,097 624 10,334 2,012,134 7,475,086 (2,314,428) (904,702) (13,643,152) (171,913) - - - 321,954 - - (434,769) (712,907) (2,313,804) (894,368) (12,065,787) 6,912,220 (5,611,099) (5,156) (36,127,282) (8,093,860) (843,771) (237) (6,236,569) (406,715) (4,036,852) (520,716) (20,863,875) (11,182,334) 259,227 - 6,746,185 1,155,552 - - 26,080,581 8,903,660 - - (207,346) - 1,363,335 110,004 1,679,995 - - - 14,301 - - - 563,521 - (8,869,160) (416,105) (28,350,489) (9,623,697) 857,486 508,520 5,348,786 1,719,982 857,486 508,520 5,348,786 1,719,982 (1,587,684) 3,079,441 28,128,389 8,339,602 46,637,870 24,544,183 261,634,723 82,075,477 $ 45,050,186 $ 27,623,624 $ 289,763,112 $ 90,415,079 $ 42,108,504 $ 27,623,624 $ 262,858,031 $ 90,415,079 2,941,682 - 26,905,081 - $ 45,050,186 $ 27,623,624 $ 289,763,112 $ 90,415,079 (Continued) Activities Funds 37 Water Solid Waste and Sewer Gas & Recycling Utility Utility Utility Enterprise City of Clearwater, Florida Statement of Cash Flows Proprietary Funds For the Year Ended September 30, 2020 Business-type Reconciliation of operating income (loss) to net cash provided by operating activities: Operating income (loss) $ 23,958,794 $ 10,190,954 $ 5,742,713 Adjustments to reconcile operating income (loss) to net cash provided by operating activities: Depreciation 13,571,695 3,621,521 295,151 Capitalized labor and materials (95,499) (1,091,155) - Change in assets, deferred outflows, liabilities and deferred inflows: (Increase) decrease in accounts receivable (289,470) 708,644 (223,641) (Increase) decrease in due from other governments - 82,433 578,848 (Increase) decrease in inventory (206,456) (72,230) - (Increase) decrease in prepaid expenses (785,708) 44 - (Increase) decrease in net pension asset (1,119,467) (747,683) (884,472) (Increase) decrease in deferred outflows (400,953) (262,655) (309,798) Increase (decrease) in accounts and contracts payable (1,055,861) (1,828,172) (1,204,986) Increase (decrease) in accrued payroll 365,139 141,499 275,084 Increase (decrease) in deposits 108,876 105,353 3,701 Increase (decrease) in unearned revenue - - - Increase (decrease) in other postemployment benefits (764,160) (428,925) (520,434) Increase (decrease) in deferred inflows 1,343,915 806,136 967,916 Total adjustments 10,672,051 1,034,810 (1,022,631) Net cash provided by operating activities $ 34,630,845 $ 11,225,764 $ 4,720,082 Non-cash investing, capital and financing activities: Contributions from developers $ 392,311 $ - $ - The notes to the financial statements are an integral part of this statement. 38 Governmental Activities - Stormwater Other Internal Service Utility Funds Total Funds Activities Funds $ 5,609,303 $ 2,853,265 $ 48,355,029 $ 1,911,781 3,481,218 1,114,691 22,084,276 9,957,551 - - (1,186,654) - (104,642) 62,238 153,129 91,813 - 24,013 685,294 48,205 - - (278,686) 29,510 - - (785,664) (193,732) (328,130) (330,592) (3,410,344) (983,632) (118,969) (107,186) (1,199,561) (360,605) (37,971) 51,644 (4,075,346) (1,972,677) 68,773 44,963 895,458 361,402 - (6,149) 211,781 - - (17,487) (17,487) (63,806) (202,651) (264,804) (2,180,974) (606,530) 370,863 456,798 3,945,628 1,111,817 3,128,491 1,028,129 14,840,850 7,419,316 $ 8,737,794 $ 3,881,394 $ 63,195,879 $ 9,331,097 $- $ - $392,311 $ - 39 Pension Trust Agency Funds Fund ASSETS Cash and investments $ 12,187,855 $ 612,646 Managed investment accounts, at fair value: Cash and cash equivalents 24,483,189 - Government bonds 63,369,598 - Index linked government bonds 5,984,825 - Agency bonds 4,333,137 - Municipal bonds 3,438,861 - Domestic corporate bonds 133,811,754 - International equity securities 141,657,391 - Domestic stocks 437,565,251 - Mortgage backed bonds 90,519,421 - Government issued commercial mortgage backed bonds 130,798 - Asset backed securities 7,113,854 - Other/Rights/Warrants 1,606 - Domestic equity mutual funds 68,914,436 - International equity mutual funds 47,289,208 - Infrastructure 42,849,862 - Real estate 98,422,243 - Total managed investment accounts 1,169,885,434 - Securities lending collateral 125,978,068 - Receivables: Interest and dividends 3,033,334 425 Unsettled investment sales 3,040,334 - Securities lending earnings 23,175 - Due from others 4,336 - Total receivables 6,101,179 425 Total assets 1,314,152,536 613,071 LIABILITIES Accounts payable 958,181 - Unsettled investment purchases 11,422,139 - Obligations under securities lending 125,978,068 - Other miscellaneous payables: Downtown Development Board - 433,874 Other - 179,197 Total miscellaneous payables - 613,071 Total liabilities 138,358,388 $ 613,071 FIDUCIARY NET POSITION Restricted for pensions 1,175,794,148 Total fiduciary net position $ 1,175,794,148 The notes to the financial statements are an integral part of this statement. City of Clearwater, Florida Statement of Fiduciary Net Position Fiduciary Funds September 30, 2020 40 City of Clearwater, Florida Statement of Changes in Fiduciary Net Position Fiduciary Funds For the Year Ended September 30, 2020 Pension Trust Funds ADDITIONS Contributions: Contributions from employer $ 10,364,100 Contributions from employer - state tax 2,120,437 Contributions from employees 7,925,645 Total contributions 20,410,182 Investment income: Net appreciation (depreciation) in fair value of investments 90,452,915 Interest 10,594,633 Dividends 8,956,263 110,003,811 Less investment expenses: Investment management / custodian fees (6,531,253) Net income (loss) from investing activities 103,472,558 Securities lending income: Gross earnings 1,506,792 Rebate received (paid) (840,643) Bank fees (233,005) Net income (loss) from securities lending 433,144 Total additions 124,315,884 DEDUCTIONS Benefits and withdrawal payments: Benefits 54,495,573 Withdrawal payments 1,177,456 Total benefits and withdrawal payments 55,673,029 Income (loss) before administrative expenses 68,642,855 Administrative expenses (343,918) Net increase (decrease)68,298,937 Fiduciary net position restricted for pensions Fiduciary net position - beginning 1,107,495,211 Fiduciary net position - ending $ 1,175,794,148 The notes to the financial statements are an integral part of this statement. 41 City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2020 42 Note I – Summary of Significant Accounting Policies The City of Clearwater was first incorporated in 1915 and reestablished in 1923 as a municipal corporation by Chapter 9710, Special Laws of Florida, 1923, as amended. The City is a Florida municipal corporation governed by a five-member City Council including a mayor-council member. The City has an estimated population of 118,017 and is located in the four- county Tampa-St. Petersburg-Clearwater Metropolitan Statistical Area (MSA), which has an estimated population of 3,197,637. The financial statements of the City of Clearwater, Florida, reporting entity (City) have been prepared in accordance with generally accepted accounting principles (GAAP) as applied to governmental units. The Governmental Accounting Standards Board (GASB) is the standard-setting body for governmental accounting and financial reporting. The GASB periodically updates its codification of the existing Governmental Accounting and Financial Reporting standards which, along with subsequent GASB pronouncements (Statements and Interpretations), constitutes GAAP for governmental units. The City’s more significant accounting policies are described below. I.A. Financial Reporting Entity In evaluating the City as a reporting entity, management has included in the accompanying financial statements the City of Clearwater (the primary government) and its component units, entities for which the government is financially accountable. The City has adhered to the standards set forth in GASB Statement No. 14, as amended by GASB Statement No. 39, GASB Statement No. 61 and GASB Statement No. 90, in reporting the primary government (including blended component units), the reporting entity, and related organizations. Blended Component Unit – Clearwater Community Redevelopment Agency: Component units that meet the criteria for blended presentation in accordance with GASB Statement No. 14, as amended by GASB Statement No. 39 and GASB Statement No. 61, are reported in a manner similar to that of the primary government itself. Accordingly, throughout this report, data presented for the primary government includes data of the following blended component unit. The Clearwater Community Redevelopment Agency (CRA), created by authority of Florida Statute Chapter 163, Part III, and City of Clearwater Resolutions 81-67 and 81-68, although it is legally separate, is reported as if it were part of the City (blended component unit) because the City Council serves as the governing board of the CRA, and City management has operational responsibility for the CRA. Therefore, financial statements for the CRA are included in the City’s comprehensive annual financial report as a governmental non-major special revenue fund and a governmental non-major capital projects fund. Additionally, separate audited financial statements are available from the CRA commencing with the fiscal year beginning October 1, 2019, in accordance with Chapter 163.387(8), Florida Statutes, and Rule 10.556, Rules of the Auditor General. Related Organization – Clearwater Housing Authority (CHA): CHA is a public housing authority created by City Resolution 69-5 (1969), under Section 421.04 of the Florida Statutes. CHA receives primary funding from the Federal Department of Housing and Urban Development (HUD). The City Council appoints the governing board; however, the City Council is not able to impose its will on the CHA, nor does the City have any responsibility for the budget, debt, financing deficits, or fiscal management of CHA. Consequently, it is not a component unit of the City of Clearwater. Separate audited financial statements of CHA as of March 31, 2020 are available from CHA. Related Organization – Downtown Development Board: The City of Clearwater serves as administrative agent for the Clearwater Downtown Development Board (DDB). The Downtown Development Board is an independent special district of the City of Clearwater with an independent board elected by its members, with its own levy (0.9700 mills for fiscal 2020) on downtown properties, and is not financially dependent upon the City. Consequently, it is not a component unit of the City of Clearwater. The DDB’s cash balance held by the City as administrative agent is reflected in the City’s fiduciary agency fund. Separate audited financial statements of the DDB as of September 30, 2020 are available from the DDB. Jointly governed organization – Florida Gas Utility: The City of Clearwater is a member of the Florida Gas Utility (FGU), a non-profit municipal public entity created for the primary purpose of reducing the costs of purchased gas for its members. FGU is a public body corporate and politic pursuant to Section 163.01, Florida Statutes (the Florida Interlocal Cooperation Act), as amended, and the Interlocal Agreement, dated September 1, 1989, which was subsequently amended by the City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2020 43 Amended Interlocal Agreement on June 1, 1992, amended and restated by the Amended and Restated Interlocal Agreement, dated July 1, 1996, then amended and restated by the Second Amended and Restated Interlocal Agreement, dated July 27, 1999, and then amended and restated by the Third Amended and Restated Interlocal Agreement dated March 25, 2011 (the Interlocal Agreement), executed and delivered among FGU and its members, which include municipalities, municipal utilities, and an interlocal agreement consisting of such entities. Due to the diverse needs of municipal utility systems, FGU established itself as a project-oriented agency. Under this structure, each member has the option to participate in a project. FGU has the authority to, among other things, plan, finance, acquire, construct, manage, operate, deliver, service, utilize, own, broker, exchange, and distribute natural gas, or other energy and energy services, pursuant to the Interlocal Agreement. As of September 30, 2020, FGU has 24 members. Separate audited financial statements of FGU as of September 30, 2020, are available from FGU. I.B. Basis of Presentation The City’s Basic Financial Statements contain three components: government-wide financial statements, fund financial statements, and notes to the financial statements. I.B.1. Government-wide financial statements. The government-wide financial statements report information on all of the nonfiduciary activities of the primary government and its component unit using the accrual basis of accounting, which is similar to the accounting used by private-sector businesses. Governmental activities, which normally are supported by taxes and intergovernmental revenues, are reported separately from business-type activities, which rely to a significant extent on fees and charges for support. The statement of net position presents information on all assets, deferred outflows of resources, liabilities, and deferred inflows of resources of the City. Net position is defined as the residual of all other elements presented in a statement of financial position. Net position is the difference between (a) assets and deferred outflows of resources and (b) liabilities and deferred inflows of resources. Changes in net position may serve as an indicator of whether the financial position of the City is improving or deteriorating. The statement of activities demonstrates the degree to which the direct expenses of a given function or segment are offset by program revenues. Direct expenses are those that are clearly identifiable with a specific function or segment. Program revenues include 1) charges to customers or applicants who purchase, use, or directly benefit from goods, services, or privileges provided by a given function or segment and 2) grants and contributions that are restricted to meeting the operational or capital requirements of a particular function or segment. The operating grants include operating-specific and discretionary (either operating or capital) grants while the capital grants column reflects capital-specific grants. Taxes and other items not properly included among program revenues are reported instead as general revenues. All revenues and expenses are reported as soon as the underlying transaction has occurred, regardless of when cash is received or paid. As a general rule, the effect of interfund activity has been eliminated from the government-wide financial statements. Exceptions to this general rule are payments-in-lieu of taxes and other interfund services provided and used. Elimination of these charges would distort the direct costs and program revenues reported for the various functions concerned. I.B.2. Fund financial statements. Separate financial statements are provided for governmental funds, proprietary funds, and fiduciary funds, even though the latter are excluded from the government-wide financial statements. An emphasis is on the major funds in either the governmental or business-type categories. Major individual governmental funds and major individual enterprise funds are reported as separate columns in the fund financial statements. Non-major funds (by category) are summarized into a single column. The City reports the following major governmental funds: The General Fund is the government’s primary operating fund. It accounts for all financial resources of the general government, except those required to be accounted for in another fund. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2020 44 The Special Development Fund is a special revenue fund used to account for impact fees, property taxes for road improvements, local option gas taxes, infrastructure taxes, and other revenues which are restricted legally or by City Council policy to be used for specific capital improvement projects. The Capital Improvement Fund is used to provide combined accounting presentation for all City capital improvement projects except those financed from proprietary funds or bond proceeds where bond ordinance provisions require the segregation of bond proceeds in separate funds. The City reports the following major enterprise funds: The Water and Sewer Utility enterprise fund is used to account for the financing, construction, operation, and maintenance of the water and sewer services of the City from charges made to users of the service. The Gas Utility enterprise fund is used to account for the financing, construction, operation, and maintenance of the gas services of the City from charges made to the users of the service. The Solid Waste & Recycling Utility enterprise fund is used to account for the financing, construction, operation, and maintenance of the solid waste and recycling services of the City from charges made to the users of the service. The Stormwater Utility enterprise fund is used to account for the financing, construction, operation, and maintenance of the stormwater management system of the City from charges assessed against each developed property. Proprietary funds distinguish operating revenues and expenses from nonoperating items. Operating revenues and expenses generally result from providing services and producing and delivering goods in connection with the proprietary fund’s principal ongoing operations. Operating expenses for proprietary funds include the cost of sales and service, administrative expenses, and depreciation on capital assets. All revenues and expenses not meeting this definition are reported as nonoperating revenues and expenses. Additionally, the City reports the following fund types: Internal service funds account for fleet management, information technology, telephone, employee relations, facilities management, radio communications, insurance, and risk management services provided to other City departments on a cost reimbursement basis. The Garage, Administrative Services, General Services, and Central Insurance funds primarily benefit governmental funds and are consequently included as governmental activities. Pension trust funds account for the financial operation and condition of the Employees’ Pension Plan, the Firefighters’ Relief and Pension Plan, the Police Supplemental Pension Plan, and the Firefighters’ Supplemental Pension Plan. The Treasurer’s Escrow Agency Fund accounts for the receipt, custody, and expenditure of monies held temporarily in an agency capacity for other parties. The pension trust funds and the agency fund are fiduciary funds used to account for resources held for the benefit of parties outside the government. Fiduciary funds are not included in the government-wide financial statements because the resources of these funds are not available to support the City’s own programs. I.C. Measurement Focus and Basis of Accounting The government-wide financial statements are reported using the economic resources measurement focus and the accrual basis of accounting, as are the proprietary fund and fiduciary fund financial statements. The agency fund included within the fiduciary fund financial statements also uses the accrual basis of accounting but does not have a measurement focus. Revenues are recorded when earned and expenses are recorded when a liability is incurred, regardless of the timing of related cash flows. Property taxes are recognized as revenues in the year for which they are levied. Grants and similar items are recognized as revenue as soon as all eligibility requirements imposed by the provider have been met. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2020 45 Governmental fund financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable and available. Revenues are considered to be available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the City considers property tax revenues to be available if they are collected within 60 days of the end of the current fiscal year. Other revenues are considered to be available if they are collected within 90 days of fiscal year-end. Expenditures generally are recorded when a liability is incurred, as under accrual accounting. However, debt service expenditures, as well as expenditures related to compensated absences and claims and judgments, are recorded only when payment is due. Intergovernmental revenues, representing grants and assistance received from other governmental units, are generally recognized as revenues in the period when all eligibility requirements, as defined by GASB Statement No. 33, have been met, and funds are available from the grantor agency or government. Taxes, franchise fees, licenses, and interest associated with the current fiscal period are all considered susceptible to accrual and so have been recognized as revenues of the current fiscal period for the governmental funds. All other revenue items are considered to be measurable and available only when cash is received by the City. I.D. Statements of cash flows For purposes of the statements of cash flows, investments with original maturities of three months or less are considered to meet the definition of cash equivalents. The majority of the investments in which the City's proprietary funds have equity are held by the City's consolidated pool of cash and investments. Since fund equities in this cash management pool have the general characteristics of demand deposits in that additional funds may be deposited at any time, and funds may be withdrawn at any time without prior notice or penalty, each fund's equity account is considered a cash equivalent regardless of the maturities of investments held by the pool. Funds with deficit (overdraft) positions within the consolidated pool report the deficits as interfund payables to the City's Capital Improvement Fund. I.E. Assets, Liabilities, and Net position or Fund Balance I.E.1. Deposits, pooled cash, and investments Cash and investments are presented on the balance sheet in the basic financial statements at fair value in accordance with Generally Accepted Accounting Principles. Investments with original maturities of three months or less are considered to meet the definition of cash equivalents. The majority of the investments are held by the City's consolidated pool of cash and investments. The City utilizes the consolidated cash pool to account for cash and investments of all City funds other than those that are required by ordinance to be physically segregated. The consolidated cash pool concept allows each participating fund to benefit from the economies of scale and improved yield that are inherent to a larger investment pool. Formal accounting records detail the individual equities of the participating funds. The cash pool utilizes a single checking account for all City receipts and disbursements. Since fund equities in this cash management pool have the general characteristics of demand deposits in that additional funds may be deposited at any time and funds may be withdrawn at any time without prior notice or penalty, each fund's equity in pooled cash account is considered a cash equivalent, regardless of the maturities of investments held by the pool. All individual fund cash equity in a deficit (overdraft) position with respect to the consolidated cash pool is reclassified at year-end to short-term interfund payables to the Capital Improvement Fund. The Capital Improvement Fund is the fund selected by management to reflect the offsetting interfund receivables in such cases. The City Charter and the current Investment Policy, adopted by the City Council on September 9, 2010, authorize consolidated cash pool investments in the following: direct federal government obligations; federal agencies and instrumentalities; SEC registered money market funds with the highest credit quality rating; interest bearing time deposits or savings accounts in qualified public depositories; debt issued by the State of Florida or any political subdivision thereof including pools; securities of open-end or closed-end management-type investment companies as defined in the policy; collateralized repurchase agreements and reverse repurchase agreements; local government investment pools per Section City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2020 46 163.01, Florida Statutes; and commercial paper of prime quality as defined in the policy. All investments are reported at fair value. The City utilizes a conservative investment philosophy when it invests its pooled cash funds in that the return of the principal is more important than the return on the principal. The City does not actively trade its portfolio and generally holds investments until maturity. Using a laddered approach to maturities and timing maturities to cash needs, the City does not anticipate selling investments to meet cash flow requirements. Under the City’s Investment Policy, a performance measurement standard has been established. The performance measure chosen is a weighted average of the overnight interest rate; and three month, six month, one year, three year, five year, and ten year Treasury rates, respectively. For the fiscal year ended September 30, 2020, the performance measure weighted average was .74%. The actual pooled cash earnings performance before bank charges was 1.43%. Investments being held outside of the consolidated cash pool include escrowed debt service investments and employee retirement investments. Permissible escrowed debt service investments are specifically defined in each individual debt instrument, but generally follow the same limitations applicable to consolidated cash pool investments. The City maintains four different employee retirement programs, and each one has its own list of permitted investments. Generally, each plan allows the same type of investments as the consolidated cash pool, but additionally allows some portion of its assets to be invested in corporate bonds, notes of corporations, and stocks that are listed on one or more of the recognized national or international stock exchanges. I.E.2. Receivables and payables Activity between funds that are representative of lending/borrowing arrangements outstanding at the end of the fiscal year are referred to as either “due to/from other funds” (i.e. the current portion of interfund loans) or “advances to/from other funds” (i.e. the non-current portion of interfund loans). All other outstanding balances between funds are reported as “due to/from other funds.” Any residual balances outstanding between the governmental activities and business-type activities are reported in the government-wide financial statements as “internal balances”. All trade and property tax receivables are shown net of an allowance for uncollectible accounts. Trade accounts receivable less than 60 days are included in the trade accounts receivable allowance for uncollectible accounts at the five-year average loss experience rate of 2.18%. Trade accounts receivable in excess of 60 days are reserved at 40%. The property tax receivable allowance for uncollectible accounts is 10% of the current year portion of the receivable, and 30%, 50%, 70%, 90%, and 95% for the receivable portions attributable to the prior five years respectively (fiscal 2015 thru 2019), and 100% of the receivable attributable to fiscal years 2014 and prior. Property tax revenue is recognized in the fiscal year for which the taxes are levied, provided the availability test is met, in conformance with National Council on Governmental Accounting Interpretation No. 3. Property taxes for the following fiscal year are levied by City Council action in September of each year. This levy is apportioned to property owners based on the previous January 1 assessed values. Tax bills are mailed out on or about November 1, and the collection period runs from November 1 through March 31. On April 1, unpaid property taxes are considered delinquent and become a lien. Tax certificates are sold in June for real property with delinquent taxes. Since taxes are not collected prior to November 1, the City does not record revenue for advance collections. Uncollected taxes receivable at year-end are recorded, with an appropriate allowance for estimated uncollectible amounts. The net amount deemed to be collectible but not current (not expected to be collected within sixty days after the close of the fiscal year) is shown as deferred inflows in the appropriate fund. All delinquent property taxes, except those levied specifically for the restricted purposes of financing activities accounted for in the Special Development Fund, are recorded in the General Fund. Property tax revenues are recognized in the General Fund and the required transfers to the appropriate debt service or pension fund are recorded as operating transfers from the General Fund. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2020 47 The City is permitted by State law to levy ten mills without referendum. Additional millage not subject to the ten mill limitation is authorized if approved by referendum, for a period not to exceed two years. The tax rate of 5.9550 mills for the year ended September 30, 2020 is the same rate that was levied the in the prior year. It was an increase of 0.8 mills from the previous rate of 5.1550 mills, which the City levied for nine consecutive years (2010-2018). Water, gas, stormwater, solid waste and recycling charges to customers are based on actual consumption. Consumption is determined on a monthly cycle basis. The City recognizes the unbilled consumption as revenue as of September 30th. I.E.3. Inventories and prepaid items Inventories of proprietary funds are stated at cost and valued on the first-in first-out (FIFO) basis. In governmental funds, the majority of inventory items are accounted for under the purchase method, which provides that expenditures are recognized when the inventory item is purchased. The only governmental fund inventory that is accounted for under the consumption method is the General Fund inventory of items for resale at the City’s public fishing pier. Under the consumption method, the expenditure/expense is recognized when the inventory item is sold (or consumed). Certain payments to vendors reflect costs applicable to future accounting periods and are recorded as prepaid items in both government-wide and fund financial statements. The cost of prepaid items is recorded as expenditures/expenses when consumed rather than when purchased. I.E.4. Restricted assets Certain resources of the City’s enterprise funds are classified as restricted assets. Restricted assets include: Water and Sewer improvement charges restricted by the authorizing ordinances to the construction of additions and improvements to the water and sewer systems; Water & Sewer Utility, Gas Utility and Solid Waste & Recycling Utility restricted customer deposits; assets of the Water & Sewer Utility, Gas Utility, and Stormwater Utility funds restricted under the provisions of authorizing ordinances for revenue bonds to the payment of future revenue bond debt service, system construction, and renewals and replacements; and the net pension assets of the Water & Sewer Utility, Gas Utility, Solid Waste & Recycling Utility and Stormwater Utility funds that are in an irrevocable trust are restricted for pensions. I.E.5. Capital assets Capital assets, which include property, plant, equipment, and certain infrastructure assets, (e.g. roads, bridges, etc.) are reported in the applicable governmental or business-type activities columns in the government-wide financial statements. Capital assets, as defined by the City, are assets with an initial individual cost of more than $5,000 (amount not rounded) and useful life greater than one year. Individual assets that cost less than $5,000, but that operate as part of a network system, may be capitalized in the aggregate, using the group method. Additionally, higher thresholds for capitalization apply to the following categories: land improvements, $50,000; buildings, building improvements, and utility systems, $100,000; intangible assets, $100,000; and infrastructure, $500,000. Capital assets are recorded at historical cost or estimated historical cost if purchased or constructed. Donated capital assets are recorded at acquisition value at the date of donation. The costs of normal maintenance and repairs that do not add to the value of the asset or materially extend asset lives are not capitalized. When City crews contribute to the completion of a capital asset, time and materials are capitalized to the project cost. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2020 48 Property, plant, equipment, and intangible assets of the primary government are depreciated using the straight-line method over the following estimated useful lives: Assets Years Buildings 10 – 40 Public domain infrastructure 20 – 40 Utility systems 18 – 40 Machinery & equipment 3 – 15 Vehicles 5 – 10 Intangible assets 5 – 20 I.E.6. Compensated absences It is the City’s policy to permit employees to accumulate earned but unused vacation and sick pay benefits. Vacation and sick leave “caps” vary depending upon an employee’s bargaining unit, hire date, etc., but generally employees may accumulate vacation time not exceeding 320 hours and sick leave not exceeding 1,560 hours. Upon retirement from City service a qualified employee is paid for all vacation time not exceeding the applicable vacation “cap” and one-half of accumulated unused sick leave not exceeding the sick leave cap (i.e. maximum pay-out of 780 hours for an employee with a 1,560 hour cap). The City accrues for all earned but unused vacation pay up to the applicable cap and the portion of unused sick leave estimated to be payable upon retirement. The current portion of compensated absences is the amount estimated to be used in the following year. For governmental activities, compensated absences are liquidated within the same governmental funds where the employee vacation and/or sick leave was earned. I.E.7. Long-term obligations In the government-wide financial statements, and proprietary fund types in the fund financial statements, long-term debt and other long-term obligations are reported as liabilities in the applicable governmental activities, business-type activities, or proprietary fund type statement of net position. Bond premiums and discounts are deferred and amortized over the life of the bonds using the straight-line method. Bonds payable are reported net of the applicable bond premium or discount. Bond issuance costs are expended when incurred. In the fund financial statements, governmental fund types recognize bond premiums and discounts during the current period. The face amount of debt issued is reported as other financing sources. Premiums received on debt issuances are reported as other financing sources while discounts on debt issuances are reported as other financing uses. Issuance costs, whether or not withheld from the actual debt proceeds received, are reported as debt service expenditures. I.E.8. Deferred outflows/inflows of resources In addition to assets, the statement of net position will sometimes report a separate section for deferred outflows of resources. This separate financial statement element, deferred outflows of resources, represents a consumption on net position that applies to a future period(s) and so will not be recognized as an outflow of resources (expense) until that time. Similarly, in addition to liabilities, the statement of net position will sometimes report a separate section for deferred inflows of resources. This separate financial statement element, deferred inflows of resources, represents an acquisition of net position that applies for a future period(s) and so will not be recognized as an inflow of resources (revenue) until that time. The City City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2020 49 reports deferred inflows related to pensions, other post-employment benefits (OPEB) the government-wide and all enterprise and internal service funds. Deferred inflows related to business tax receipts are reported in both the government-wide and governmental fund statements, while deferred inflows related to property taxes, code enforcement liens and mortgage notes are reported in the governmental fund financial statements, but not the government-wide statements, when the receivable is recorded but the revenue is not available. Deferred outflows related to deferred amounts on bond refundings are reported in the Water and Sewer Utility, Gas Utility and Stormwater Utility funds, as well as in the government-wide statements. These amounts represent the difference between the reacquisition price and the net carrying amount of the old debt, which is amortized over the remaining life of the old debt or the life of the new debt, whichever is shorter. Changes in total pension liability arising from the differences between expected and actual experience, changes of assumption of future economic and demographic factors and the net difference between projected and actual earnings on pension plan investments are recognized as deferred outflows of resources or deferred inflows of resources and are reported in all enterprise and internal service funds, as well as in the government-wide statements. Changes between expected and actual experience and changes of assumptions are recognized in pension expense over a closed period equal to the average of the expected remaining service lives of all active and inactive employees, while the difference between projected and actual earnings is recognized in pension expense over a closed five-year period. Differences between expected and actual experience and changes in assumptions related to OPEB are recognized as deferred outflows of resources or deferred inflows of resources and are reported in all enterprise and internal service funds, as well as in the government-wide statements, using a systematic and rational method over a closed period equal to the average of the expected remaining service lives of all employees that are provided with OPEB through the OPEB plan (active employees and inactive employees), determined as of the beginning of the measurement period. At October 1, 2019, the beginning of the current measurement period, the average of the expected remaining services lives for purposes of recognizing the applicable deferred outflows and inflows of resources established in the current measurement period is 6.40 years. I.E.9. Net position flow assumption Sometimes the City will fund outlays for a particular purpose from both unrestricted resources and restricted resources, such as restricted bond or grant proceeds. In order to calculate the amounts to report as restricted net position and unrestricted net position in the government-wide and proprietary fund financial statements, a flow assumption must be made regarding the order in which the resources are considered to be applied. It is the City’s policy to consider restricted net position to have been depleted before unrestricted net position is applied. I.E.10. Fund balance flow assumption Sometimes the City will fund outlays for a particular purpose from both restricted and unrestricted resources (the total of committed, assigned and unassigned fund balance). In order to calculate the amounts to report as restricted, committed, assigned and unassigned fund balance in the governmental fund financial statements, a flow assumption must be made regarding the order in which the resources are considered to be applied. It is the City’s policy to consider restricted fund balance to have been depleted before using any of the components of unrestricted fund balance. Further, when the components of unrestricted fund balance can be used for the same purpose, committed fund balance is depleted first, followed by assigned fund balance. Unassigned fund balance is applied last. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2020 50 I.E.11. Fund balance policies The fund balance of governmental funds is reported in various classifications that comprise a hierarchy based primarily on the extent to which the government is bound to observe constraints imposed upon the use of the resources reported in the governmental funds. Each classification of fund balance is based on the relative strength of the constraints that control how specific amounts can be spent. The order of spending follows the same hierarchy. Restricted resources are applied first when expenditures are incurred for purposes for which either restricted or unrestricted (committed, assigned or unassigned) amounts are available. Similarly, within unrestricted fund balance, committed amounts are reduced first followed by assigned, and then unassigned amounts when expenditures are incurred for purposes for which amounts in any of the unrestricted fund balance classifications could be used. Nonspendable fund balance represents amounts that cannot be spent, such as inventories, prepaid amounts, and amounts that are legally or contractually required to remain intact. Restricted fund balance includes amounts that can be spent only for the specific purposes stipulated by constitution, external resource providers, or through enabling legislation. Committed fund balance includes amounts that can be used only for the specific purposes determined by the adoption of an ordinance prior to the end of the fiscal year by the City Council, the highest level of decision-making authority. Once adopted by ordinance, a commitment can only be revised or removed by the adoption of another ordinance. Assigned fund balance includes amounts that are intended to be used by the government for specific purposes but do not meet the criteria to be classified as restricted or committed because they are supported by management’s intent rather than a formal action of the City Council. The Finance Director is authorized by Section 2.511 of the Code of Ordinances to assign fund balance. Since assignments only exist temporarily, no further action is required to revise or remove them. Unassigned fund balance includes amounts not classified above. Positive unassigned fund balance may only be reported in the general fund. In all other funds, unassigned fund balance is limited to negative residual fund balances. Minimum fund balance. Per City Council Policy, a minimum General Fund unassigned balance of 8.0% of the subsequent year’s budgeted expenditures must be maintained as a contingency fund for unanticipated financial needs. In addition, 0.5% of the subsequent year’s budgeted expenditures must be maintained to fund unanticipated retirements of employees residing in General Fund departments. Budgeted appropriations will maintain these minimum reserves of 8.5% of subsequent year’s budgeted expenditures, with excess reserves available for specific capital improvement projects or other “one-time” needs. Stabilization arrangement. As of September 30, 2020, the City Council has not established a separate revenue stabilization reserve. I.E.12. Use of estimates The preparation of financial statements in conformity with generally accepted accounting principles (GAAP) requires management to make estimates and assumptions that affect the amounts reported in the financial statements and accompanying notes. Actual results could differ from the estimates. I.F. Adoption of new GASB pronouncements During the fiscal year ended September 30, 2020, the City implemented the following GASB pronouncements: GASB Statement No. 92, Omnibus 2020. Issued January 2020, this statement enhances comparability in accounting and financial reporting and improves the consistency of authoritative literature by addressing practice issues that have been City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2020 51 identified during implementation and application of certain GASB Statements. This Statement addresses a variety of topics and includes specific provisions related thereto. GASB Statement No. 95, Postponement of the Effective Dates of Certain Authoritative Guidance. Issued May 2020, this statement provides temporary relief to governments and other stakeholders in light of the COVID-19 pandemic by postponing the effective dates of certain provisions in Statements and Implementation Guides that first became effective or are scheduled to become effective for periods beginning after June 15, 2018, and later. As a result, the City has elected to defer the implementation of GASB Statement No. 84, Fiduciary Activities. All other statements that were originally issued with an effective date on or before September 30, 2020, were early implemented in prior fiscal years. Note II – Stewardship, Compliance, and Accountability II.A. Budgets and budgetary accounting Annual budgets are legally adopted for the General Fund, Special Development special revenue fund, and the Community Redevelopment Agency special revenue fund. The budget for the Special Development Fund is adopted on a basis consistent with GAAP, and appropriations lapse at year-end. The Community Redevelopment Agency (CRA) Fund annual budget is adopted by the trustees of that agency in accordance with state law. The level of budgetary control is the total fund. The CRA Fund Budget is adopted on a basis consistent with GAAP, and all appropriations lapse at year-end. The level of budgetary control established by the legislative body, the level on which expenditures may not legally exceed appropriations, is the individual fund. In accordance with provisions of Ordinance 5025-90 and with Section 2.519(4) of the Clearwater Code, the City Manager may transfer part or all of any unencumbered appropriation balance among programs within an operating fund, provided such action does not result in the discontinuance of a program. Such transfers must be included in the next budget review presented to the City Council. Upon detailed written request by the City Manager, the City Council may by ordinance transfer part or all of any unencumbered appropriation balance from one fund to another. As established by administrative policy, department directors may transfer money from one operating code to another within a program without a formal written amendment. Formal requests for budget amendments from department directors are required for transfers, capital expenditures, and reserves. Thus, certain object classifications within departmental and/or program budget appropriations are subject to administratively imposed controls, in addition to the legal controls imposed by City Council action described above. Budget amounts presented in the accompanying financial statements reflect all amendments adopted by the City Council and the governing board of the component unit. All amendments were adopted in conformance with legal requirements. Individual amendments, as well as the net effects of all amendments during the fiscal year, were not material in relation to the original appropriations for the governmental funds in the aggregate. Budgets for the Capital Projects Funds, the Special Programs Fund, the SHIP Local Housing Assistance Trust Fund, and the Pinellas County Local Housing Assistance Trust Fund are adopted on a multi-year completed program basis, where budgetary appropriations do not lapse at year-end, but may extend across two or more fiscal years. A comparison of annual results with these budgets would not be meaningful and is therefore not included in this report. All City Council adopted budgets are integrated into the formal accounting system to allow for monthly comparison of projected and actual results in all funds for which budgets are adopted. Note III – Detailed Notes on All Funds III.A. Deposits and investments Investments with original maturities of three months or less are considered to meet the definition of cash equivalents. The majority of the investments in which the City's proprietary funds have equity are held by the City's consolidated pool of cash and investments. Since fund equities in this cash management pool have the general characteristics of demand deposits, in that additional funds may be deposited at any time, and funds may be withdrawn at any time without prior notice or penalty, City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2020 52 each fund's equity account is considered a cash-equivalent regardless of the maturities of investments held by the pool. Funds with deficit (overdraft) positions within the consolidated pool report the deficits as interfund payables to the City's Capital Improvement Fund. Fair Value The City of Clearwater and the City’s pension plans categorize fair value measurements within the fair value hierarchy established by GAAP. The hierarchy is based on the valuation inputs used to measure the fair value of the securities and assets. Level 1 inputs are quoted prices in active markets for identical assets; Level 2 inputs are significant other observable inputs; and Level 3 are significant unobservable inputs. Certain investments held by the City and the pension plans are valued at net asset value (NAV) per share when an investment does not have a readily determined fair value, provided that the NAV is calculated and used as a practical expedient to estimate fair value in accordance with GAAP requirements. Equity and Fixed Income Securities – Equity securities, classified in Level 1 of the fair value hierarchy, are valued using prices quoted in active markets issued by pricing vendors for these securities. Fair value is defined as the quoted market value on the last trading day of the period. These prices are obtained from various pricing sources by the City’s custodian bank, Wells Fargo, for the City’s pooled cash investments. Prices for pension investments are obtained by the custodial agents for each of the pension plans. Debt and equity securities classified in Level 2 of the fair value hierarchy are valued using prices determined by matrix pricing techniques maintained by various pricing vendors for these securities. Matrix pricing is used to value securities based on the securities’ relationship to benchmark quoted prices. Debt and equity securities classified in Level 3 of the fair value hierarchy, when applicable, are securities whose stated market price is unobservable by the marketplace; often these securities are priced by the issuer or industry groups. Real Estate Funds – Investments in real estate funds are valued at estimated fair value, as determined in good faith by the General Partner (GP). These investments are initially valued at cost with subsequent adjustments that reflect third party transactions, financial operating results, and other factors deemed relevant by the GP. These assets are valued at NAV. Deposits All cash of the City is entirely insured either by federal depository insurance or via banks’ participation as qualified public depositories pursuant to Florida Statutes, Chapter 280, “Security for Public Deposits”. The City is required to verify that monies are invested in “qualified public depositories” as defined in Florida Statutes section 280.02. Pooled Cash and Investments To increase returns and minimize fees, the City follows the practice of pooling available cash and investments of all funds, with the exception of retirement plan investments and assets held under Bond Trust Indenture Agreements. Please refer to Note I.E.1. for a discussion of allowable investments under the pooled cash and investments investment policy. All investments at year-end were in compliance with the pooled cash and investments investment policy. Pooled cash and investments as of September 30, 2020 are classified in the accompanying financial statements as follows: Statement of net position 9/30/2020 Primary Government: Cash and investments 506,332,935$ Restricted cash and investments 26,905,081 Fiduciary Funds: Cash and investments 12,800,501 Total pooled cash and investments 546,038,517$ City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2020 53 Carrying % of Pooled Cash and Investments Amount Portfolio Less than 1 1-3 Years More than 3 Moody's Rating Cash and cash equivalents: Cash on hand 48,031$ 0.01% N/A Time / interest bearing account 20,885,645 3.82% N/A Total cash and cash equivalents 20,933,676 Investments:Standard & Local Government Investment Pools:Poor's Rating Florida Safe Investment Pool 118,021,708 21.61% 118,021,708 - - AAAm Florida Cooperative Liquid Assets Securities System 187,060,396 34.27% 187,060,396 - - AAAm - 310,314,915 305,082,104 5,232,811 - Moody's Rating Treasuries 5,335,155 0.98% - 5,335,155 - N/A U.S. Agencies: Federal Home Loan Bank (FHLB) 20,544,643 3.76% 10,026,574 - 10,518,069 Aaa Federal National Mortgage Assn (FNMA) 9,994,536 1.83% - - 9,994,536 Aaa Federal Farm Credit Bank (FFCB) 15,017,816 2.75% - - 15,017,816 Aaa Federal Home Loan Mortgage Corp (FHLMC) 70,121,931 12.84% 15,102,487 35,015,432 20,004,012 Aaa Federal Home Loan Mortgage Corp Zeroes 1,979,655 0.36% - 1,979,655 - Aaa Federal National Mortgage Assn (FNMA) Zeroes 9,936,476 1.82% - 9,936,476 - Aaa Tennessee Valley Authority (TVA) Zeroes 435,964 0.08% 435,964 - - Aaa Total U.S. Agencies 128,031,021 25,565,025 46,931,563 55,534,433 Municipal bonds 10,153,500 1.86% - - 10,153,500 Aa1/Aa2/Aa3 Mortgage backed securities 70,265,565 12.87% 1,898,186 22,580,023 45,787,356 Aaa Asset backed securities 1,004,685 0.18% - 105,227 899,458 Aaa Total investments 525,104,841 332,545,315 80,184,779 112,374,747 Total pooled cash and investments 546,038,517$ 100.00% AAAf Florida Local Government Investment Trust - Short Term Bonds Investment Maturities in Years 5,232,811 0.96% - 5,232,811 City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2020 54 Interest Rate Risk – Pooled Cash and Investments: As a means of limiting exposure to fair value losses arising from rising interest rates, the City’s pooled cash investment policy prohibits investments in securities maturing more than fifteen years from the date of purchase, unless matched to a specific cash flow requirement. Additionally, the policy allows no more than 10% of the portfolio to have maturities in excess of ten years unless specifically matched against a debt or obligation. Finally, the investment policy states that it is the City’s intent to keep the weighted average maturity to three years or less, except for temporary situations due to market conditions and/or cash needs when the average maturity may exceed three years but shall not exceed five years. Weighted average maturities for the City’s pooled cash investments are indicated in the table above. Credit Risk – Pooled Cash and Investments: The City’s pooled cash investment policy, in accordance with Florida Statutes, allows investments to direct obligations of the United States, federal agencies, debt issued by the State of Florida or any political subdivision, and commercial paper of prime quality of the highest letter and numerical rating as provided by at least one nationally recognized rating service. Ratings for the City’s pooled cash investments are disclosed in the preceding table. Concentration of Credit Risk – Pooled Cash and Investments: The City’s pooled cash investment policy limits the investment in any one issuer to 40% of the portfolio. Concentrations of the various issuers are disclosed in the preceding table. Custodial Credit Risk – Pooled Cash and Investments: Monies on deposit with financial institutions are held in qualified public depositories pursuant to State of Florida Statutes, Chapter 280, which provides protection against any loss to public depositors. Consistent with the City’s investment policy, investment securities owned by the City are held by the City’s custodian in the City’s name and all purchases use the “delivery versus payment” procedure. Fair Value Measurement: The City has adopted the provisions of GASB Statements No. 72 and No. 79 and fully disclosed in the notes to the financial statements the fair value hierarchy and the methods of valuing the related investments as required under generally accepted accounting principles. The City of Clearwater categorizes fair value measurements within the fair value hierarchy established by GAAP. The hierarchy is based on the valuation inputs used to measure the fair value of the securities and assets. Level 1 inputs are quoted prices in active markets for identical assets; Level 2 inputs are significant other observable inputs; and Level 3 are significant unobservable inputs. Certain investments held by the City are valued at net asset value (NAV) per share when an investment does not have a readily determined fair value, provided that the NAV is calculated and used as a practical expedient to estimate fair value in accordance with GAAP requirements. Fixed Income Securities – Fair value is defined as the quoted market value on the last trading day of the period. These prices are obtained from various pricing sources by the City’s custodian bank, Bank of America, for the City’s pooled cash investments. Debt securities classified in Level 2 of the fair value hierarchy are valued using prices determined by matrix pricing techniques maintained by various pricing vendors for these securities. Matrix pricing is used to value securities based on the securities’ relationship to benchmark quoted prices. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2020 55 The City has the following recurring fair value measurements as of September 30, 2020: Quoted Prices in Significant Active Markets Other Significant Measured for Identical Observable Unobservable at (in thousands)Fair Value Assets (Level 1)Inputs (Level 2)Inputs (Level 3)Net Asset Value Florida Safe Investment Pool 118,022$ -$ -$ -$ 118,022$ Florida Cooperative Liquid Assets Securities System 187,060 - - - 187,060 Florida Local Govt. Investment Trust-Short Term Bonds 5,233 - - - 5,233 U.S. Government securities 5,335 5,335 - - - Federal Agency securities 128,031 - 128,031 - - Municipal obligations 10,153 10,153 - - - Mortgage backed securities 70,266 - 70,266 - - Asset backed securities 1,005 - 1,005 - - 525,105$ 15,488$ 199,302$ -$ 310,315$ The Florida SAFE Investment Pool (FLSAFE), the Florida Cooperative Liquid Assets Securities System (FLCLASS), and the Florida Local Government Investment Trust – Short Term Bonds (FLGIT-Short Term Bonds), are independent local government investment pools created under the laws of Florida to provide eligible units of local government with investment vehicles to pool their surplus funds. FLSAFE and FLCLASS investment pools are Stable Net Asset Value investment pools rated AAAm by Standard & Poors, while FLGIT – Short Term Bonds pool is a Variable Net Asset Value investment pool rated AAAf by Standard & Poors. The investment advisor and administrator for the FLSAFE investment pool is PMA Financial Network, Inc.; the investment advisor and administrator for the FLCLASS investment pool is Public Trust Advisors, LLC; while Payden & Rygel serves as the investment advisor for the FLGIT Short Term Bonds investment pool and CiviTek as administrator. The three local government investment pools, Florida Safe Investment Pool (FLSAFE), Florida Cooperative Liquid Assets Securities System (FLCLASS), and the Florida Local Government Investment Trust (FLGIT) Short Term Bonds Fund, have no unfunded commitments and all provide same day or next day redemption. The investment strategies of all three prioritize safety of principal and liquidity over return, consistent with the City’s investment strategy, investing in high-quality short- term investments. Pension Plan Assets The City reports four pension funds in the accompanying financial statements. Each of the plans has a separate governing board of trustees, a separate investment policy, and differing investment restrictions/risks. Consequently, each is disclosed separately below. All investments at year-end were in compliance with the respective plan investment policies. Please refer to Note I.E.1. for a discussion of allowable investments under the pension plans. Investments are reported at fair value or net asset value, as disclosed, and are managed by third party money managers. The City’s independent custodian and the individual money managers price each instrument (using various third-party pricing sources) and reconcile material differences. Investments in certain alternative investments are valued using the net asset value (NAV) per shares outstanding. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2020 56 Employees’ Pension Plan At year-end, the Employees’ Pension Plan cash and investment balances were as follows: Carrying % of Weighted avg Moody's Employees' Pension Plan Cash and Investments Amount Portfolio maturity (years)Rating Cash and cash equivalents: Cash and cash equivalents - pooled cash 9,890,595$ 0.87% N/A N/A Cash in managed investment accounts 22,795,324 2.00% N/A N/A Total cash and cash equivalents 32,685,919 Investments: Government bonds 6,287,336 0.55% AGY Government bonds 49,992,138 4.39% Aaa Government bonds 594,622 0.05% Aa Government bonds 1,266,429 0.11% A Government bonds 4,214,680 0.37% Baa Government bonds 719,225 0.06% NR Index linked government bonds 5,984,825 0.53%23.5 Aaa Agency bonds 733,497 0.06% AGY Agency bonds 2,432,106 0.21% Ba Municipal bonds 1,429,527 0.13% Aa Municipal bonds 780,230 0.07% A Municipal bonds 833,737 0.07% Baa Municipal bonds 146,952 0.01% NR Domestic corporate bonds 1,020,681 0.09% Aaa Domestic corporate bonds 8,033,796 0.71% Aa Domestic corporate bonds 45,208,794 3.97% A Domestic corporate bonds 66,034,985 5.80% Baa Domestic corporate bonds 5,842,378 0.51% Ba Domestic corporate bonds 252,000 0.02% B Domestic corporate bonds 4,386,370 0.39% NR Asset backed securities 9,827 0.00% AGY Asset backed securities 7,104,027 0.62% Aaa Other/rights/warrants 1,606 0.00% N/A NR Domestic stocks 435,195,575 38.23% N/A N/A International equity securities 141,320,172 12.41% N/A N/A Mortgage backed bonds 89,331,377 7.84% AGY Mortgage backed bonds 48,870 0.00% Aaa Mortgage backed bonds 87,107 0.01% NR Government issued commercial mortgage backed bonds 130,798 0.01%29.7 AGY International equity mutual funds 38,152,799 3.35% N/A N/A Domestic equity mutual funds 50,215,056 4.41% N/A N/A Infrastructure 42,849,862 3.76% N/A N/A Real Estate/Timber 95,586,317 8.39% N/A N/A Total investments 1,106,227,701 Total cash and investments 1,138,913,620$ 100.00% 36.9 12.4 27.1 18.2 6.7 13.7 City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2020 57 Interest Rate Risk – Employees’ Pension Plan: As a means of limiting exposure to fair value losses arising from rising interest rates, the Employees’ Pension Plan investment policy limits the investment in fixed income investments to no more than 40% of the portfolio. There are no limits related to weighted average maturities due to the long-term nature of pension plan investing. Credit Risk – Employees’ Pension Plan: The Employees’ Pension Plan investment policy limits credit risk by restricting equity investments to corporations that are listed on one of the national or international stock exchanges. Additionally, fixed income corporate bonds must carry an “investment grade” rating as established by one of the nationally recognized rating agencies. At September 30, 2020, the Plan had $6,094,378 invested in domestic corporate bonds that had fallen below investment grade (Ba1 and lower) as the result of investment downgrades, as indicated on the previous table. The respective money managers notified the Plan administrators of the downgrades and the planned courses of action related to these securities on a timely basis, consistent with the policy’s individual manager guidelines. Concentration of Credit Risk – Employees’ Pension Plan: The Employees’ Pension Plan investment policy limits concentration of credit risk by limiting the investment in common stock or capital stock of any one corporation to 3% of the plan equity assets, unless due to a higher percentage included in a nationally recognized market index at least as broad as the Standard and Poor’s Composite Index of 500 companies, or upon a specific finding by the investment committee that such higher percentage is in the best interest of the fund. Additionally, the individual manager guidelines associated with the policy provide further diversification of both equity and fixed income investments to minimize concentration of credit risk. Custodial Credit Risk – Employees’ Pension Plan: This is the risk that in the event of the failure of a counterparty, the Plan will not be able to recover the value of its investments that are in the possession of an outside party. Consistent with the Plan’s investment policy, investments are held by the Plan’s custodial bank and registered in the Plan’s name. Foreign Currency Risk – Employees’ Pension Plan: Risk of loss arises from changes in currency exchange rates. The Employees’ Pension Plan investment policy does not have a formal policy to limit foreign currency risk, other than a guideline of no more than 25% of the plan assets invested in international equities. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2020 58 The Pension Plan’s exposure to foreign currency risk at September 30, 2020 is as follows: Investment Currency Fair Value Common Stock Euro currency 19,969,575$ Common Stock Japanese yen 17,570,894 Common Stock British pound sterling 10,273,930 Common Stock Swiss franc 7,144,776 Common Stock Hong Kong dollar 1,772,478 Common Stock Australian dollar 1,674,091 Common Stock Swedish krona 1,195,184 Common Stock South Korean won 1,194,357 Common Stock Danish krone 874,420 Common Stock Singapore dollar 704,456 Common Stock Norwegian krone 602,666 Total 62,976,827$ Fair Value Measurement: The Employees’ Pension Plan has adopted the provisions of GASB Statement No. 72 and fully disclosed in the notes to the financial statements the fair value hierarchy and the methods of valuing the related investments as required under the generally accepted accounting principles. The City’s independent custodian and the individual money managers price each instrument (using various third-party pricing sources) and reconcile material differences. Investments in certain alternative investments are valued using the net asset value (NAV) per shares outstanding. The Employees’ Pension Plan categorizes fair value measurements within the fair value hierarchy established by GAAP. The hierarchy is based on the valuation inputs used to measure the fair value of the securities and assets. Level 1 inputs are quoted prices in active markets for identical assets; Level 2 inputs are significant other observable inputs; and Level 3 are significant unobservable inputs. Certain investments held by the pension plan are valued at net asset value (NAV) per share when an investment does not have a readily determined fair value, provided that the NAV is calculated and used as a practical expedient to estimate fair value in accordance with GAAP requirements. Equity and Fixed Income Securities – Equity securities, classified in Level 1 of the fair value hierarchy, are valued using prices quoted in active markets issued by pricing vendors for these securities. Fair value is defined as the quoted market value on the last trading day of the period. These prices are obtained from various pricing sources by the City’s custodian bank, Bank of America, for the City’s pooled cash investments. Prices for pension investments are obtained by the custodial agents for each of the pension plans. Debt and equity securities classified in Level 2 of the fair value hierarchy are valued using prices determined by matrix pricing techniques maintained by various pricing vendors for these securities. Matrix pricing is used to value securities based on the securities’ relationship to benchmark quoted prices. Debt and equity securities classified in Level 3 of the fair value hierarchy, when applicable, are securities whose stated market price is unobservable by the marketplace; often these securities are priced by the issuer or industry groups. Real Estate Funds – Investments in real estate funds are valued at estimated fair value, as determined in good faith by the General Partner (GP). These investments are initially valued at cost with subsequent adjustments that reflect third party transactions, financial operating results, and other factors deemed relevant by the GP. These assets are valued at NAV. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2020 59 The Plan has the following recurring fair value measurements as of September 30, 2020: Quoted Prices in Significant Active Markets Other Significant for Identical Observable Unobservable (in thousands)Fair Value Assets (Level 1)Inputs (Level 2)Inputs (Level 3) Government bonds 63,074$ 44,663$ 18,411$ -$ Index linked government bonds 5,985 - 5,985 - Agency bonds 3,166 - 3,166 - Municipal bonds 3,190 - 3,190 - Domestic corporate bonds 130,779 - 130,779 - Asset backed bonds 7,114 - 7,114 - Other/Rights/Warrants 2 - - 2 Domestic stocks 435,196 435,196 - - International equity securities 141,320 141,320 - - Mortgage backed bonds 89,467 2,895 86,572 - Government issued mortgage backed bonds 131 - 131 - Emerging markets mutual funds 38,153 38,153 - - Domestic equity mutual funds 50,215 - 50,215 - Infrastructure 42,850 - - 42,850 Real Estate/Timber 95,586 - 65,682 29,904 1,106,228$ 662,227$ 371,245$ 72,756$ City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2020 60 Net Asset Value Investments (in thousands): Money Manager Value Unfunded Commitments Investment Strategy Redemption Restrictions Dimensional $ 38,153 $ - Emerging markets equity collective investment trust seeking long term capital appreciation by investing at least 80% of net assets in equity securities of companies located in emerging market countries. None Northern Trust 50,215 - Collective large cap value index fund seeking to approximate the risk and return characteristics of the Russell 1000 Value Index. None Multi-Employer Property Trust 51,565 - An open-end commingled real estate equity fund organized as a bank collective trust. Strategy to create top- quality, core, income-producing assets through development, rehab, or acquisition and repositioning of undervalued assets. Quarterly redemptions with 45 days notice. Molpus Woodlands Group Funds III & IV 10,690 1,255 Limited Partnership providing income through acquisition, holding, and distribution of timberland No redemption due to Limited Partnership term of up to 14 years, ending 10/22/2027. Hancock Timberland XI LP 7,510 559 Limited Partnership providing income through acquisition, holding, and distribution of timberland No redemption due to Limited Partnership. Two-year wind-up period begins 12/31/2025 and ends 12/31/2027. IFM Infrastructure 42,850 - Limited Partnership investing in a diversified portfolio of global infrastructure assets, favoring proprietary investment opportunities over competitive bidding processes. Quarterly redemptions with 90 days notice; manager's best efforts within 36 months of end of quarter. USAA U.S. Government Buildings 11,704 - Core plus real estate strategy for acquisition and build-to- suit development of high quality assets leased to agencies of the U.S. Federal and State Governments. Quarterly redemptions with 60 days notice. Intercontinental U.S. Real Estate Investment Trust 14,117 - Primarily investing in high-quality core and core plus properties for stable predictable cash flow and opportunity for capital appreciation. To a lesser degree, additional enhanced-core and value properties to further enhance diversification and return. Quarterly redemptions with 60 days notice. 226,804$ 1,814$ City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2020 61 Firefighters’ Relief and Pension Plan At year-end, the Firefighters’ Relief and Pension Plan cash and investment balances were as follows: Carrying % of Weighted avg Moody's Amount Portfolio maturity (years)Rating Cash and cash equivalents: Cash and cash equivalents 2,292,432$ 66.26% N/A N/A Total cash and cash equivalents 2,292,432 Investments: U.S. agency - Federal Agricultural Mortgage Corp. (FAMCA) 1,167,534 33.74% 3.62 Aaa Total investments 1,167,534 Total managed cash and investments 3,459,966$ 100.00% Interest Rate Risk – Firefighters’ Relief and Pension Plan: As a means of limiting exposure to fair value losses arising from rising interest rates, the Firefighters’ Relief and Pension Plan investment policy stipulates that the Plan does not trade securities and will typically hold securities to maturity. There are no limits related to weighted average maturities due to the long-term nature of pension plan investing. Credit Risk – Firefighters’ Relief and Pension Plan: The Firefighters’ Relief and Pension Plan investment policy limits credit risk by restricting the fixed income investments to investment grade securities, per a nationally recognized ranking agency. Custodial Credit Risk – Firefighters’ Relief and Pension Plan: Monies on deposit with financial institutions are held in qualified public depositories pursuant to State of Florida Statutes, Chapter 280, which provides protection against any loss to public depositors. Consistent with the City’s investment policy, investment securities owned by the Plan are held by the City’s custodian in the City’s name and all purchases use the “delivery versus payment” procedure. Concentration of Credit Risk – Firefighters’ Relief and Pension Plan: The Firefighters’ Relief and Pension Plan investment policy limits concentration of credit risk by limiting the recommended target allocation of the plan to domestic fixed income to 70% of the portfolio, with the remainder of the portfolio allocated to the City’s well-diversified pooled cash portfolio (see above disclosure). There are no additional limitations on concentrations with individual issuers or agencies due to the relatively small portfolio of this closed pension plan. Foreign Currency Risk – Firefighters’ Relief and Pension Plan: The Firefighters’ Relief and Pension Plan investment policy does not permit investment in foreign fixed income or equity securities. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2020 62 Fair Value Measurement: The Firefighters’ Relief and Pension Plan has adopted the provisions of GASB Statement No. 72 and fully disclosed in the notes to the financial statements the fair value hierarchy and the methods of valuing the related investments as required under the generally accepted accounting principles. The Plan has the following recurring fair value measurements as of September 30, 2020: Quoted Prices in Significant Active Markets Other Significant for Identical Observable Unobservable Assets (Level 1)Inputs (Level 2)Inputs (Level 3) Federal agency securities - 1,167,534$ - Police Supplemental Pension Plan At year-end, the Police Supplemental Pension Plan cash and investment balances were as follows: Carrying % of Weighted avg Moody's Amount Portfolio maturity (years)Rating Cash and cash equivalents: Cash in bank 4,828$ 0.02% N/A N/A Cash in managed investment accounts 811,012 4.14% N/A N/A Total cash and cash equivalents 815,840 Investments: Domestic equity mutual funds 10,619,413 54.19%N/A N/R International equity mutual funds 8,162,423 41.65%N/A N/R Total investments 18,781,836 Total managed cash and investments 19,597,676$ 100.00% Interest Rate Risk – Police Supplemental Pension Plan: As a means of limiting exposure to fair value losses arising from rising interest rates, the Police Supplemental Pension Plan investment policy limits the duration of the fixed income portfolio to 125% of the duration of the Barclays Intermediate Government/Credit Bond Index subject to quarterly review. Additionally, no issues, Treasury, or Corporate Bonds may be purchased with more than 15 years to maturity. Credit Risk – Police Supplemental Pension Plan: The Police Supplemental Pension Plan investment policy limits credit risk by restricting equity investments to corporations that are listed on any one or more of the recognized national stock exchanges. Additionally, fixed income security investments are limited to U.S. Government and agency obligations; “BBB” rated or higher corporate bonds, debentures and preferred stocks; and bonds and other evidence of indebtedness issued or guaranteed by a corporation organized City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2020 63 under the laws of the United States, any state, or organized territory of the United States or District of Columbia provided the corporation meets the standards set forth in section 185.06(1)(b), Florida Statutes, as amended from time to time. Finally, the investment policy requires that investment managers dispose of any issue that has been downgraded below “BBB” as soon as is economically feasible. Concentration of Credit Risk – Police Supplemental Pension Plan: The Police Supplemental Pension Plan investment policy limits concentration of credit risk by limiting the stock position of the equity portfolio to no more than 3 percentage points in excess of the S&P 500. Additionally, any sector position of the equity portfolio may not exceed the S&P 500 sector weighting by more than 10 percentage points without written approval from the Board. Investments in fixed income securities of a single issuer, with the exception of the U.S. Government and its agencies, may not exceed 5 percent of the fixed income portfolio’s value at cost. Custodial Credit Risk – Police Supplemental Pension Plan: This is the risk that in the event of the failure of a counterparty, the Plan will not be able to recover the value of its investments that are in the possession of an outside party. Consistent with the Plan’s investment policy, Plan investments are held by the Plan’s custodial bank and registered in the Plan’s name. Foreign Currency Risk – Police Supplemental Pension Plan: Risk of loss arises from changes in currency exchange rates. The Police Supplemental Pension Plan investment policy does not have a formal policy to limit foreign currency risk, other than a guideline of that no more than 25% of the total portfolio at cost may be invested in foreign securities. The Plan has no current exposure to foreign currency risk. Fair Value Measurement: The Police Supplemental Pension Plan has adopted the provisions of GASB Statement No. 72 and fully disclosed in the notes to the financial statements the fair value hierarchy and the methods of valuing the related investments as required under generally accepted accounting principles. The Plan has the following recurring fair value measurements as of September 30, 2020: Quoted Prices in Significant Active Markets Other Significant for Identical Observable Unobservable Fair Value Assets (Level 1)Inputs (Level 2)Inputs (Level 3) Domestic equity mutual funds 10,619,413$ 10,619,413$ -$ -$ International equity mutual funds 8,162,423 - 5,345,710 2,816,713 18,781,836$ 10,619,413$ 5,345,710$ 2,816,713$ City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2020 64 Firefighters’ Supplemental Pension Plan At year-end, the Firefighters’ Supplemental Pension Plan cash and investment balances were as follows: Carrying % of Weighted avg Moody's Amount Portfolio maturity (years)Rating Cash and cash equivalents: Cash in managed investment accounts 876,853$ 4.36% N/A N/A Total cash and cash equivalents 876,853 Investments: U.S. Treasury obligations 295,168 1.47% 1.4 Aaa Municipal obligations 162,100 0.81% A1/A2/A3 Municipal obligations 35,970 0.18% Aaa/Aa1/Aa3 Municipal obligations 50,345 0.25% N/R Domestic corporate bonds 807,136 4.02% A1/A2/A3 Domestic corporate bonds 32,183 0.16% Aaa/Aa1/Aa3 Domestic corporate bonds 1,517,994 7.55% Baa1/Baa2/Baa3 Domestic corporate bonds 675,437 3.36% N/R International equity securities 337,219 1.68%N/A N/R Domestic stocks 2,369,676 11.79% N/A N/R Mortgage backed bonds 1,052,067 5.23% 17.5 N/R Domestic equity mutual funds 8,079,967 40.18% N/A N/R International equity mutual funds 973,986 4.85% N/A N/R Real estate 2,835,926 14.11% N/A N/R Total investments 19,225,174 Total managed cash and investments 20,102,027$ 100.00% 6.6 5.4 Interest Rate Risk – Firefighters’ Supplemental Pension Plan: As a means of limiting exposure to fair value losses arising from rising interest rates, the Firefighters’ Supplemental Pension Plan investment policy limits the duration of the fixed income portfolio to less than 135% of the duration of the Bloomberg Barclay’s Intermediate Aggregate Bond Index. Credit Risk – Firefighters’ Supplemental Pension Plan: The Firefighters’ Supplemental Pension Plan investment policy limits credit risk by restricting equity investments to securities that are fully and easily negotiable. Investments in corporations whose stock has been publicly traded for less than one year are limited to 15% at cost value of the equity portfolio. Investment in equity securities whose market capitalization is less than $10 billion dollars shall be limited to 25% of the total equity portfolio. Exchange traded funds (ETF’s) or Exchange Traded Notes (ETN’s) may not exceed 10% at cost value of any equity manager’s portfolio. Investments in real estate shall not exceed 25% (at market valuation) of the value of the total fund assets. Investments in absolute or real return strategies shall not exceed 20% of the value of the total fund assets. The average credit quality of the bond portfolio shall be “A” or higher, and those securities rated below “BBB” shall not exceed 15% of the entire fixed income portfolio. Concentration of Credit Risk – Firefighters’ Supplemental Pension Plan: The Firefighters’ Supplemental Pension Plan investment policy limits concentration of credit risk by limiting the investment in common stock or capital stock of any one issuing company within an investment manager’s portfolio to 5% of the portfolio. Similarly, no more than 5% at cost value of a fixed income investment manager’s portfolio may be invested in the securities of any single corporate issuer per the plan investment policy. Finally, investments in collateralized mortgage obligations are limited to 25% of the fair value of the investment manager’s total portfolio. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2020 65 Custodial Credit Risk – Firefighters’ Supplemental Pension Plan: This is the risk that in the event of the failure of a counterparty, the Plan will not be able to recover the value of its investments that are in the possession of an outside party. Plan investments are held by the Plan’s custodial bank and registered in the Plan’s name. Foreign Currency Risk – Firefighters’ Supplemental Pension Plan: Risk of loss arises from changes in currency exchange rates. The Firefighters’ Supplemental Pension Plan requires that no more than 25% of the market value of the plan’s total assets may be invested in foreign equity securities, commingled or mutual funds. Direct investment in foreign companies is limited to those traded on a national exchange and/or American Depository Receipts (ADR’s). Fair Value Measurement: The Firefighters’ Supplemental Pension Plan has adopted the provisions of GASB Statement No. 72 and fully disclosed in the notes to the financial statements the fair value hierarchy and the methods of valuing the related investments as required under generally accepted accounting principles. The Plan has the following recurring fair value measurements as of September 30, 2020: Quoted Prices in Significant Active Markets Other Significant for Identical Observable Unobservable Fair Value Assets (Level 1)Inputs (Level 2)Inputs (Level 3) U.S. Treasury obligations 295,168$ 295,168$ -$ -$ Municipal obligations 248,415 - 248,415 - Domestic corporate bonds 3,032,750 1,314,762 1,717,988 - International equity securities 337,219 337,219 Domestic stocks 2,369,676 2,369,676 - - Mortgage backed bonds 1,052,067 - 1,052,067 - Domestic equity mutual funds 8,079,967 8,079,967 - - International equity mutual funds 973,986 - 973,986 - Real estate 2,835,926 - - 2,835,926 19,225,174$ 12,396,792$ 3,992,456$ 2,835,926$ III.B. Receivables Receivables as of year-end for the City’s governmental, proprietary and internal service funds, including the applicable allowances for uncollectible accounts for the proprietary funds, are segregated on the fund financial statements. Mortgages, Notes, and Other Loans in the amount of $4,563,193 are reported on the Governmental Funds Balance Sheet, net of an allowance for uncollectible accounts in the amount of $12,313,178. The gross receivable of $16,876,371 includes $597,384 of long-term loans receivable that are not expected to be collected within the next fiscal year. Mortgage notes receivable and the related payment history are reviewed individually on an annual basis to determine collectability for allowance and bad debt determinations. Receivables as of year-end for the primary government’s individual major funds, as well as non-major funds and internal service funds in the aggregate, are as follows: City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2020 66 Receivables, net of applicable allowances for uncollectible accounts (amounts in thousands): Franchise Accounts Taxes Fees Interest and Contracts Notes Other Total General fund 1,529$ 1,004$ 64$ 654$ -$ 33$ 3,284$ Special Development 39 - 58 - - - 97 Capital Improvement - - 23 - - - 23 Non-major governmental funds - - 22 - 16,876 1 16,899 Internal service funds - - 73 - - 52 125 Total governmental 1,568 1,004 240 654 16,876 86 20,428 Less: Allowance for uncollectable accounts (188) - - - (12,313) (12,501) Net governmental receivables 1,380$ 1,004$ 240$ 654$ 4,563$ 86$ 7,927$ Water and Sewer Utility -$ -$ 131$ 7,818$ -$ 31$ 7,980$ Gas Utility - - 28 2,713 - 10 2,751 Solid Waste and Recycling Utility - - 32 2,423 - - 2,455 Stormwater Utility - - 39 2,240 - 1 2,280 Non-major enterprise funds - - 24 - - - 24 Total business-type - - 254 15,194 - 42 15,490 Less: Allowance for uncollectable accounts - - - (119) - - (119) Net business-type receivables -$ -$ 254$ 15,075$ -$ 42$ 15,371$ III.C. Capital assets Capital asset activity for the year ended September 30, 2020: Beginning Ending Governmental Activities:Balance Increases Decreases Transfers Balance Non-depreciable capital assets: Land 89,536,194$ 2,441,543$ (504,322)$ -$ 91,473,415$ Construction in progress 10,350,231 12,786,257 (9,464,663) - 13,671,825 Total non-depreciable capital assets 99,886,425 15,227,800 (9,968,985) - 105,145,240 Depreciable capital assets: Buildings 169,790,581 737,281 (116,583) - 170,411,279 Improvements other than buildings 43,612,805 8,230,176 - - 51,842,981 Machinery and equipment 110,790,212 11,819,574 (4,782,773) 18,631 117,845,644 Infrastructure 162,044,103 859,110 - - 162,903,213 Total depreciable capital assets 486,237,701 21,646,141 (4,899,356) 18,631 503,003,117 Less accumulated depreciation for: Buildings (78,698,179) (5,218,729) 116,583 - (83,800,325) Improvements other than buildings (23,915,761) (1,987,101) - - (25,902,862) Machinery and equipment (79,355,813) (10,417,598) 4,777,586 (14,976) (85,010,801) Infrastructure (113,483,245) (4,357,709) - - (117,840,954) Total accumulated depreciation (295,452,998) (21,981,137) 4,894,169 (14,976) (312,554,942) Net depreciable capital assets 190,784,703 (334,996) (5,187) 3,655 190,448,175 Net governmental activities capital assets 290,671,128$ 14,892,804$ (9,974,172)$ 3,655$ 295,593,415$ City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2020 67 Beginning Ending Business-type activities:Balance Increases Decreases Transfers Balance Non-depreciable capital assets: Land 31,968,620$ -$ (1,076,644)$ -$ 30,891,976$ Construction in progress 33,940,392 10,788,060 (11,871,737) - 32,856,715 Total non-depreciable capital assets 65,909,012 10,788,060 (12,948,381) - 63,748,691 Depreciable capital assets: Buildings 64,953,403 3,477,113 (839,784) - 67,590,732 Improvements other than buildings 697,727,706 17,347,352 (791) - 715,074,267 Machinery and equipment 19,421,054 1,884,961 (946,369) (18,631) 20,341,015 Total depreciable capital assets 782,102,163 22,709,426 (1,786,944) (18,631) 803,006,014 Less accumulated depreciation for: Buildings (13,196,850) (1,909,831) 828,944 - (14,277,737) Improvements other than buildings (376,307,356) (18,602,773) 791 - (394,909,338) Machinery and equipment (10,899,789) (1,571,672) 924,791 14,976 (11,531,694) Total accumulated depreciation (400,403,995) (22,084,276) 1,754,526 14,976 (420,718,769) Net depreciable capital assets 381,698,168 625,150 (32,418) (3,655) 382,287,245 Net business-type activities capital assets 447,607,180$ 11,413,210$ (12,980,799)$ (3,655)$ 446,035,936$ Depreciation expense was charged to functions / programs of the primary government as follows: Governmental activities: General government 701,580$ Public safety 1,141,069 Transportation, including depreciation on infrastructure assets 4,171,149 Economic environment 51,877 Culture and recreation 5,957,911 Capital assets held by governmental internal service funds are charged to the various functions based on their usage of assets 9,957,551 21,981,137$ Business-type activities: Water and sewer utility 13,571,695$ Gas utility 3,621,521 Solid waste and recycling utility 295,151 Stormwater utility 3,481,218 Marine operations 43,721 Aviation operations 202,333 Parking system operations 532,723 Clearwater Harbor Marina operations 335,914 22,084,276$ City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2020 68 Construction commitments At September 30, 2020, material outstanding construction commitments were as follows: Construction Commitments Project Fund Outstanding Sanitary Sewer Repairs and Replacements Water & Sewer Utility Enterprise Fund 10,807,560$ Crest Lake Park Renovations Capital Improvement Fund 2,691,060 Demolition and Replacement of Hangar C Aviation Enterprise Fund 1,115,395 Supportive Infrastructure for Imagine Clearwater Capital Improvement Fund 1,043,801 Solid Waste Transfer Station Solid Waste & Recycling Enterprise Fund 769,903 Underground Refuse System Solid Waste & Recycling Enterprise Fund 622,417 Clearwater Gas System Facility Redevelopment Gas Utility Enterprise Fund 621,617 Druid Road/Allen's Creek Stormwater Improvements Stormwater Utility Enterprise Fund 551,249 Seminole Boat Ramp Restrooms Capital Improvement Fund 506,803 Total Construction Commitments 18,729,805$ III.D. Interfund receivables, payables, and transfers III.D.1. Interfund balances As discussed in Note III.A., individual fund deficits in the consolidated cash pool, if any, have been reclassified as of September 30, 2020, as interfund loans from the Capital Improvement Fund, which was selected by management for this purpose. This reclassification results in a corresponding reduction in the cash equity in the Capital Improvement Fund, offset by an increase in interfund receivables. As of September 30, 2020, there were no funds reporting a cash pool deficit. The amounts of the reclassified cash pool deficits, if any, as well as the current portion of other individual fund interfund payable and receivable balances are classified as Due from/to Other Funds. The long-term portions of other interfund balances are classified as Advances to/from Other Funds. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2020 69 Due from Due to Advances to Advances from Fund Other Funds Other Funds Other Funds Other Funds General Fund -$ 24,605$ -$ 76,866$ Special Revenue Funds: Special Programs Fund - - 325,440 - Community Redevelopment Agency Fund - - - 325,440 Capital Projects Fund: Capital Improvement Fund 867,131 - 2,564,975 - Enterprise Funds: Water & Sewer Fund - 37,536 - 117,265 Solid Waste & Recycling Fund - 407,101 - 2,776,334 Internal Service Funds: Administrative Services Fund - 68,435 - 69,790 Garage Fund - 658,974 - 2,058,683 Central Insurance Fund 329,520 - 2,533,963 1,196,651$ 1,196,651$ 5,424,378$ 5,424,378$ Descriptions of interfund loans as of September 30, 2020: An internal loan from the Special Programs special revenue fund to the Community Redevelopment Agency Fund in the amount of $325,440, approved on September 1, 2011, for the environmental cleanup of the Car Pro site in the East Gateway area of the downtown. This loan is interest-free and is to be repaid upon the sale of the developed parcel. Because the first principal payment is not due within one year, this loan is classified as an advance. An internal loan from the Central Insurance Fund to the Solid Waste/Recycling Utility Fund in the amount of $3.5 million, approved November 16, 2017, to partially fund the construction of a Solid Waste Transfer Station. This loan provides for 10 equal payments of $396,812, including interest at 2.35%, beginning September 30, 2019 and ending September 30, 2028. The current portion of this loan ($329,520) is due within one year and is therefore classified as due to/due from other funds, while the long-term portion ($2,533,963) is classified as an advance. An internal loan from the Capital Improvement Fund to the Garage Fund in the amount of $3,363,457 to fund the purchase of vehicles and other equipment. This loan provides for 5 equal payments of $714,414, including interest at 2.04%, beginning May 31, 2020 and ending May 31, 2024. The current portion of this loan ($658,974) is due within one year and is therefore classified as due to/due from other funds, while the long-term portion ($2,058,683) is classified as an advance. An internal loan from the Capital Improvement Fund to the Water & Sewer Utility Fund in the amount of $191,586 to fund the purchase of vehicles and other equipment. This loan provides for 5 equal payments of $40,694, including interest at 2.04%, beginning May 31, 2020 and ending May 31, 2024. The current portion of this loan ($37,536) is due within one year and is therefore classified as due to/due from other funds, while the long-term portion ($117,265) is classified as an advance. An internal loan from the Capital Improvement Fund to the Solid Waste & Recycling Utility Fund in the amount of $395,983 to fund the purchase of vehicles and other equipment. This loan provides for 5 equal payments of $84,109, including interest at 2.04%, beginning May 31, 2020 and ending May 31, 2024. The current portion of this loan ($77,581) is due within one year and is therefore classified as due to/due from other funds, while the long-term portion ($242,371) is classified as an advance. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2020 70 An internal loan from the Capital Improvement Fund to the General Fund in the amount of $125,584 to fund the purchase of vehicles and other equipment. This loan provides for 5 equal payments of $26,675, including interest at 2.04%, beginning May 31, 2020 and ending May 31, 2024. The current portion of this loan ($24,605) is due within one year and is therefore classified as due to/due from other funds, while the long-term portion ($76,866) is classified as an advance. An internal loan from the Capital Improvement Fund to the Administrative Services Fund in the amount of $205,331 to fund the purchase of computers and other equipment. This loan provides for 3 equal payments of $71,172, including interest at 1.98%, beginning May 31, 2020 and ending May 31, 2022. The current portion of this loan ($68,435) is due within one year and is therefore classified as due to/due from other funds, while the long-term portion ($69,790) is classified as an advance. III.D.2. Interfund transfers Transfers are primarily used to 1) transfer revenues that have been collected in the required fund per state law to the funds and activities that state law allows for expenditures; 2) transfer of “payment in lieu of taxes” contributions from the utility funds to the General Fund; 3) transfer funding from governmental funds to debt service and capital improvements funds; and 4) transfer matching funds from the General Fund to various grant programs. Other non-routine interfund transfers occurring during the current fiscal year included: A transfer of $5,147 from the Central Insurance Fund to various funds for safety award funding; a transfer of $9,199 from the General Fund to the Marine Fund for the Clearwater Ferry’s use of slips 149 and 150; a transfer of 117,993 from the General Fund to the Capital Improvement Fund for the Memorial Causeway Lightning project; a transfer of $3,500,000 from the General Fund to the Special Programs Fund for the Back-to-Business Grant program; a transfer of $170,857 from the General Fund to the Special Programs Fund for the Police Body Worn Camera program; a transfer of 130,000 from the General Fund to the Capital Improvement Fund for the Miscellaneous Parks and Recreation Contracts project for the Hilltop Securities agreement; a transfer of $1,527,329 from the Gas Utility Fund to the General Fund for the increased dividend payment; a transfer of $9,199 from the Special Programs Fund to the General Fund to return unspent revenue in the 2016 Clearwater Ferry program; and a transfer of $117,993 from the Special Programs Fund to the General Fund to return unspent revenue in the ULI Report Implementation program. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2020 71 Interfund transfers for the year ended September 30, 2020 consisted of the following: Transfers to General Fund from: Water & Sewer Utility Enterprise Fund 4,619,690$ Gas Utility Enterprise Fund 4,027,329 Solid Waste & Recycling Utility Enterprise Fund 1,409,780 Stormwater Utility Enterprise Fund 1,015,070 Nonmajor governmental funds 1,016,543 Nonmajor enterprise funds 805,236 Internal service funds 2,376 Total 12,896,024 Transfers to Capital Improvement Fund from: General Fund 8,198,573 Special Development Fund 15,684,660 Nonmajor enterprise funds 80,000 Internal service funds 125,000 Total 24,088,233 Transfers to Stormwater Utility Enterprise Fund from: Internal service funds 624 Transfers to Water & Sewer Utility Enterprise Fund from: Special Development Fund 2,000,000 Internal service funds 1,176 2,001,176 Transfers to Nonmajor governmental funds from: General Fund 7,033,067 Nonmajor governmental funds 3,289,173 10,322,240 Transfer to Nonmajor enterprise funds from: General Fund 10,000 Internal service funds 334 Total 10,334 Transfers to Internal service funds from: General Fund 2,844,910 Special Development Fund 950,000 Capital Improvement Fund 1,930,127 Water & Sewer Utility Enterprise Fund 335,281 Gas Utility Enterprise Fund 31,942 Stormwater Utility Enterprise Fund 1,299,358 Nonmajor governmental funds 21,599 Nonmajor enterprise funds 19,466 Internal service funds 42,403 Total 7,475,086 Total interfund transfers 56,793,717$ City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2020 72 III.E. Leases The City purchases various equipment for governmental and business-type activities under capital lease purchase financing agreements (direct borrowings). The equipment is purchased with cash and subsequently provided as collateral via a “lease purchase” financing arrangement, typically for a five-year term. Obligations under these lease purchase agreements are recorded at the present value of their future minimum lease payments as of date of inception. Purchase of the assets is recorded as a cash outflow and the subsequent receipt of the financing proceeds is recorded as “proceeds from issuance of debt” for Statement of Cash Flows reporting. Capitalized equipment subject to lease purchase financing as of September 30, 2020: Governmental Business-type Activities Activities Equipment 38,867,723$ 2,279,416$ Less: Accumulated Depreciation (16,955,830) (870,127) Total 21,911,893$ 1,409,289$ The future minimum lease payments under capital lease purchase financing agreements (direct borrowings) are as follows as of September 30, 2020: Governmental Business-type Year Ending Sept. 30 Activities Activities 2021 7,393,273$ 463,331$ 2022 5,572,210 370,529 2023 3,948,757 219,324 2024 2,099,255 176,966 2025 1,458,968 146,279 20,472,463 1,376,429 Deduction of the amount of imputed interest necessary to reduce net minimum lease payments to present value 19,901,064$ 1,338,341$ (571,399) (38,088) The City also leases personal computers under a three-year operating lease that is cancelable on an annual basis. Lease payments for fiscal year ended September 30, 2020, totaled $568,373. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2020 73 III.F. Long-term debt III.F.1. Revenue Bonds $14,810,000 in Spring Training Facility Revenue Bonds, Series 2002; issued to provide a portion of the costs of the acquisition, construction, rehabilitation and equipping of a spring training facility to be used by the Philadelphia Phillies major league baseball team; serial bonds due in annual installments of $845,000 on March 1, 2021, to $295,000 on March 1, 2022, with maximum principal of $845,000 due March 1, 2021; interest at 4.50% to 4.70%; 5.375% term bonds in the amount of $1,730,000 due March 1, 2027; and 5.375% term bonds in the amount of $1,750,000 due March 1, 2031. $4,620,000 Total revenue bonds for governmental activities 4,620,000 $9,175,000 Water and Sewer Revenue Refunding Bonds, Series 2011; issued to refund and redeem on December 1, 2011 the City’s callable Water and Sewer Revenue Bonds, Series 2002, maturing after December 1, 2011; serial bonds due in annual installments of $1,920,000 on December 1, 2020, to $2,020,000 on December 1, 2021, interest at 5.00%. 3,940,000 $69,270,000 Water and Sewer Revenue Refunding Bonds, Series 2017; issued to refund and redeem the outstanding principal of the City’s Water and Sewer Revenue Bonds, Series 2009A, maturing on and after December 1, 2020; term bonds due in annual installments of $670,000 on December 1, 2020, to $9,265,000 on December 1, 2039; interest at 3.50% to 5.00%. 69,270,000 $29,080,000 Water and Sewer Revenue Refunding Bond, Series 2017B; a direct placement bank loan issued to refund and redeem the outstanding principal of the City’s Water and Sewer Revenue Refunding Bonds, Series 2011, maturing on and after December 1, 2022; term bonds due in annual installments of $165,000 on December 1, 2020, to $2,895,000 on December 1, 2032; interest at 2.40%. 28,705,000 $20,430,000 Water and Sewer Revenue Refunding Bonds, Series 2020: issued to refund and redeem the outstanding principal of the City’s Water and Sewer Revenue Refunding Bond, Series 2014, a direct placement bank loan, maturing on and after December 1, 2020; serial bonds due in annual installments of $980,000 on December 1, 2020, to $2,060,000 on December 1, 2032; interest at 4.00% to 5.00%. 20,430,000 $7,365,000 Gas System Revenue Refunding Bond, Series 2013; a direct placement bank loan issued to current refund the City’s callable Gas System Revenue Refunding Bonds, Series 2004, maturing after September 1, 2013; term bonds due in annual installments of $410,000 on September 1, 2021, to $1,520,000 on September 1, 2026; interest at 2.41%.4,715,000 $5,405,000 Gas System Revenue Refunding Bond, Series 2014; a direct placement bank loan issued to current refund the City’s callable Gas System Revenue Refunding Bonds, Series 2005, maturing after September 1, 2014; term bonds due in annual installments of $285,000 on September 1, 2021, to $2,040,000 on September 1, 2027; interest at 2.67%.3,855,000 City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2020 74 $19,365,000 Stormwater System Revenue Refunding Bonds, Series 2012, issued to pay and redeem all of the Stormwater Revenue Bonds, Series 2002, currently outstanding; serial bonds due in annual installments of $815,000 on November 1, 2020, to $1,350,000 on November 1, 2032, interest at 4.00% to 5.00%. 13,910,000 $11,025,000 Stormwater System Revenue Refunding Bond, Series 2013; a direct placement bank loan issued to advance refund the City’s callable Stormwater System Revenue Bonds, Series 2004, maturing after November 1, 2014; term bonds due in annual installments of $545,000 on November 1, 2020, to $780,000 on November 1, 2032; interest at 2.98%. 8,430,000 Total revenue bonds and direct placement bank loans for business-type activities 153,255,000 Total revenue bonds and direct placement bank loans $157,875,000 III.F.2. Restrictive covenants and collateral requirements The Spring Training Facility Revenue Bonds are special, limited obligations of the City, payable solely from and secured by a lien upon and pledge of the (i) payments received by the City from the State of Florida pursuant to Section 212.20, Florida Statutes (State payments); and (ii) payments received by the City from Pinellas County, Florida pursuant to the Interlocal Agreement dated December 1, 2000 (County payments). The pledge of the State Payments and County Payments does not constitute a lien upon any property of the City. Furthermore, neither the City, Pinellas County, the State of Florida, nor any political subdivision thereof has pledged its faith or credit or taxing power to the payment of the bonds. However, the City has pledged, per a municipal bond insurance debt service agreement, to supplement State and County payments on deposit in the Revenue Fund with non-ad valorem City revenues, if necessary, to pay debt service. The Water and Sewer Revenue Refunding Bonds, Series 2011, Series 2017, Series 2017B and Series 2020; are limited obligations of the City payable solely from and secured by a lien upon and pledge of the net revenues of the City’s water and sewer system (System). The pledge of the System’s net revenues does not constitute a lien upon any property of the City. The covenants of the ordinances authorizing the bonds include, among other things, an obligation of the City to fix and maintain such rates, and collect such fees, rentals and other charges for the services and facilities of the System and revise the same from time to time whenever necessary, which will provide gross revenues in each fiscal year sufficient to pay the cost of operation and maintenance of the system; one hundred fifteen percent (115%) of the bond service requirement becoming due in such fiscal year on the outstanding bonds; plus one hundred percent (100%) of all reserve and other payments required to be made pursuant to the ordinances authorizing the bonds. The City further covenants that such rates, fees, rentals and other charges will not be reduced so as to render them insufficient to provide gross revenues for such purpose. A Reserve Fund has been funded for the 2011 bonds. The Gas System Revenue Refunding Bonds, Series 2013 and Series 2014, are limited obligations of the City payable solely from and secured by a lien upon and pledge of the net revenues of the City’s gas system (System). The pledge of the System’s net revenues does not constitute a lien upon any property of the City. The covenants of the ordinances authorizing the bonds include, among other things, an obligation of the City to fix, establish, revise from time to time whenever necessary, maintain and collect always, such fees, rates, rentals and other charges for the use of the product, services and facilities of the System which will always provide revenues in each year sufficient to pay, and out of such funds pay, 100% of the cost of operations and maintenance of the System in such year and all reserve and other payments provided for in the ordinances authorizing the bonds, along with one hundred twenty five percent (125%) of the bond service requirement due in such year on all outstanding bonds. The Stormwater Revenue Refunding Bonds, Series 2012 and Series 2013, are limited obligations of the City payable solely from and secured by a lien upon and pledge of the net revenues of the City’s stormwater management system (System). The pledge of the System’s net revenues does not constitute a lien upon any property of the City. The covenants of the City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2020 75 ordinances authorizing the bonds include, among other things, an obligation of the City to fix, revise from time to time whenever necessary, and maintain and collect always such fees, rates, rentals and other charges for use of the products, services, and facilities which will always provide net revenues in each year sufficient to pay one hundred fifteen percent (115%) of the bond service requirement becoming due in such fiscal year on the outstanding bonds. The City further covenants that such rates, fees, rentals and other charges will not be reduced so as to render them insufficient to provide revenues for such purpose. Additionally, the covenants of each of the above issues includes a “Reserve Requirement” equal to the lesser of the Maximum Bond Service Requirement for any given year; 125% of the Average Annual Bond Service Requirement; or the largest amount as shall not adversely affect the exclusion of interest on the Bonds from gross income for Federal income tax purposes. A Reserve Fund has been funded for the Series 2012 Bonds. Annual debt service requirements to maturity for revenue bonds and direct placement bank loans are as follows: Year Ending September 30 Principal Interest Principal Interest Principal Interest 2021 845,000$ 219,927$ 4,385,000$ 4,625,174$ 1,405,000$ 1,146,592$ 2022 295,000 193,983 4,805,000 4,408,650 1,435,000 1,108,679 2023 310,000 178,719 2,915,000 4,222,044 3,595,000 1,044,515 2024 325,000 161,653 3,065,000 4,074,688 3,670,000 953,238 2025 345,000 143,647 3,215,000 3,927,538 4,800,000 859,939 2026-2030 2,030,000 410,381 18,420,000 17,254,431 20,015,000 2,549,653 2031-2035 470,000 12,631 27,935,000 12,332,188 10,785,000 412,255 2036-2040 - - 42,810,000 4,459,900 - - Totals 4,620,000$ 1,320,941$ 107,550,000$ 55,304,613$ 45,705,000$ 8,074,871$ Governmental Activities Revenue Bonds Direct Placement Bank Loans Business-type Activities Revenue Bonds III.F.3. Pledged revenues State of Florida and Pinellas County Payments Pledged: The City has pledged future revenues derived from payments received from the State of Florida pursuant to Section 212.20, Florida Statutes, and payments from Pinellas County, Florida pursuant to an Interlocal Agreement, together with any investment income earned on the revenues, to repay $14.8 million in Spring Training Facility Revenue bonds issued in September 2002. Proceeds from the bonds provided financing for a portion of the costs of the acquisition, construction, rehabilitation, and equipping of a spring training facility to be used by the Philadelphia Phillies major league baseball team. The bonds are payable solely from the State of Florida and Pinellas County, Florida payments and are payable through March 2031. Annual principal and interest payments on the bonds are expected to require less than 100 percent of net revenues. The total principal and interest remaining to be paid on the bonds is $5,940,941. Principal and interest paid for the current year and total revenue received were $1,065,574 and $1,101,262, respectively. Water and Sewer Utility Net Revenues Pledged: The City has pledged future net revenues of the City of Clearwater, Florida, Water & Sewer Utility, defined as all income or earnings, including any income from the investment of funds, derived by the City from the operation of the utility after deduction of current expenses for the operation, maintenance and repair of the system, but not including reserves for renewals and replacements, for extraordinary repairs or any allowance for depreciation to repay: $47.0 million Water and Sewer Revenue Refunding bonds issued in September 2011. Proceeds from the bonds provided financing to refund and redeem the outstanding principal maturing after December 1, 2011 of the City’s Water and Sewer City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2020 76 Revenue Bonds, Series 2002. The bonds are payable solely from the Water and Sewer Utility net revenues and, after a partial refunding in September 2017, are payable through December 2021. $69.3 million Water and Sewer Revenue Refunding bonds issued in February 2017. Proceeds from the bonds provided financing to refund and redeem the outstanding principal maturing on or after December 1, 2020 of the City’s Water and Sewer Revenue Bonds, Series 2009A. The bonds are payable solely from the Water and Sewer Utility net revenues and are payable through December 2039. $29.1 million Water and Sewer Revenue Refunding bond, a direct placement bank loan, issued in September 2017. Proceeds from the bonds provided financing to refund and redeem the outstanding principal maturing on or after December 1, 2022 of the City’s Water and Sewer Revenue Refunding Bonds, Series 2011. The bonds are payable solely from the Water and Sewer Utility net revenues and are payable through December 2032. $20.4 million Water and Sewer Revenue Refunding bonds issued January 2020. Proceeds from the bonds provided financing to refund and redeem the outstanding principal maturing on or after December 1, 2020 of the City’s Water and Sewer Revenue Refunding bond, Series 2014, a direct placement bank loan. The bonds are payable solely from the Water and Sewer Utility net revenues and are payable through December 2032. Annual principal and interest payments on the bonds are expected to require less than 85 percent of net revenues. The total principal and interest remaining to be paid on the bonds is $179,397,435. Principal and interest paid for the current year ($8,913,416) required 22.25% of total net revenue ($40,064,081). Stormwater Utility Net Revenues Pledged: The City has pledged future net revenues of the City of Clearwater, Florida, Stormwater Utility defined as all income or earnings, including any income from the investment of funds, derived by the City from the operation of the utility after deduction of current expenses for the operation, maintenance and repair of the system, but not including reserves for renewals and replacements, for extraordinary repairs or any allowance for depreciation to repay: $19.4 million Stormwater Revenue Refunding bonds issued in February 2012. Proceeds from the bonds provided sufficient funds to be available on March 5, 2012 to pay and redeem the City’s outstanding Stormwater Revenue Bonds, Series 2002. The bonds are payable solely from the Stormwater Utility net revenues and are payable through November 2032. $11.0 million Stormwater Revenue Refunding bond, a direct placement bank loan, issued in June 2013. Proceeds from the bonds provided sufficient funds to pay and redeem the City’s Stormwater Revenue Bonds, Series 2004, maturing after November 1, 2014. The bonds are payable solely from the Stormwater Utility net revenues and are payable through November 2032. Annual principal and interest payments on the bonds are expected to require less than 60 percent of net revenues. The total principal and interest remaining to be paid on the bonds is $27,609,256. Principal and interest paid for the current year ($6,375,399) required 64.43% of total net revenue ($9,894,686), due to the early redemption of the 2014 Stormwater Revenue Refunding Bond, a direct placement bank loan. Gas System Utility Net Revenues Pledged: The City has pledged future net revenues of the City of Clearwater, Florida, Gas System Utility defined as all income or earnings, including any income from the investment of funds, derived by the City from the operation of the utility after deduction of current expenses for the operation, maintenance and repair of the system, but not including reserves for renewals and replacements, for extraordinary repairs or any allowance for depreciation to repay: $7.4 million Gas System Revenue Refunding bond, a direct placement bank loan, issued in June 2013. Proceeds from the bonds provided financing to refund the outstanding principal of the Gas System Revenue Refunding bonds, Series 2004. The bonds are payable solely from the Gas System Utility net revenues and are payable through September 2026. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2020 77 $5.4 million Gas System Revenue Refunding bond, a direct placement bank loan, issued in June 2014. Proceeds from the bonds provided financing to refund the outstanding principal of the Gas System Revenue Refunding bonds, Series 2005. The bonds are payable solely from the Gas System Utility net revenues and are payable through September 2027. Annual principal and interest payments on the bonds are expected to require less than 60 percent of net revenues. The total principal and interest remaining to be paid on the bonds is $9,627,793. Principal and interest paid for the current year ($908,543) required 6.31% of total net revenue ($14,409,875). III.F.4. Advance refunding of bonds On September 21, 2017, the City issued at a discount $29,080,000 of Water & Sewer Revenue Refunding Bonds, Series 2017B, a direct placement bank loan, for the purpose of advance refunding and redeeming on December 1, 2021, $30,465,000 principal of Water & Sewer Revenue Refunding Bonds, Series 2011, maturing on or after December 1, 2022. The net proceeds in the amount of $34,708,045 (after payment of $91,402 plus additional cash of $5,792,147 from released debt service reserve escrow), were deposited into an irrevocable trust with an escrow agent to provide for all future debt service payments on the refunded bonds. The refunding transaction resulted in an aggregate debt service reduction in the amount of $9,757,105 and an economic gain (difference between the present value of the debt service payments on the old and new debt) of $2,336,358. The outstanding principal of the refunded bonds was $30,465,000 at September 30, 2020. A portion of the proceeds of the above-referenced bond issues was deposited into an irrevocable trust with an escrow agent and used to purchase securities of the United States Government and related agencies at various maturities and interest rates sufficient to meet all debt service requirements of the refunded debt. These assets are administered by trustees and are restricted to use for retirement of the refunded debt. The liability for the refunded bonds and the related securities and escrow accounts are not included in the accompanying financial statements as the City defeased its obligation for payment of the refunded debt upon completion of the refunding transactions. III.F.5. Current refunding of bonds On January 27, 2020, the City issued at a premium $20,430,000 of Water and Sewer Revenue Refunding Bonds, Series 2020, for the purpose of refunding $25,310,000 principal of the Water and Sewer Revenue Refunding Bond, Series 2014, a direct placement bank loan, maturing on December 1, 2032, but subject to optional redemption prior to its maturity date. The refunding transaction, which was predicated on level annual debt service savings with no extension of maturity, resulted in an aggregate debt service reduction in the amount of $3,135,445 and an economic gain (difference between the present value of the debt service payments on the old and new debt) of $2,474,167. There is no outstanding principal of the refunded bonds at September 30, 2020. III.F.6. Early redemption of bonds On November 1, 2019 the city exercised a total early redemption option on the 2014 Stormwater Revenue Refunding Bond, a direct placement bank loan issued by TD Bank. The payout amount consisted of the principal balance of $4,205,000 and accrued interest in the amount of $57,188. III.F.7 Non-Ad valorem revenue bonds On November 21, 2019, City Council adopted Resolution 19-34 authorizing the issuance of not-to-exceed $30 million of City of Clearwater, Florida Non-Ad Valorem Revenue Bonds, Series 2020 (Imagine Clearwater Improvements) to finance and/or reimburse a portion of the costs of acquisition, design, construction, reconstruction, renovation, expansion, improving City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2020 78 and equipping the Imagine Clearwater project at Coachman Park. The bonds will be issued as covenant to budget and appropriate legally available non-ad valorem revenue bonds (CBA bonds), which are not a traditional revenue pledge but rather a covenant, or “promise”, to budget and appropriate non-ad valorem revenues each budget year, sufficient to pay debt service and other costs of the bonds. On February 6, 2020, City Council adopted Ordinance 9357-20, ratifying the adoption of Resolution 19-34, and authorizing the issuance of bonds to finance a portion of the costs of the Imagine Clearwater project in accordance with the Clearwater Code of Ordinances. Pursuant to a hearing on September 1, 2020, a Final Judgement was issued by the Circuit Court for Pinellas County validating and confirming the bonds, including the City’s authority to issue the bonds; the legality and validity of the bonds; the legality and validity of the proceedings authorizing the issuance and execution of the bonds including the bond resolution and bond ordinance, and the adoption of both the bond resolution and bond ordinance; the lawfulness of the City’s covenant to budget, appropriate and deposit non-ad valorem revenues in the manner and to the extent provided in the bond resolution and the pledge of funds to secure payment of the bonds; and the legality and validity of all matters and proceedings in connection therewith. III.F. 7. Changes in long-term liabilities Beginning Ending Due Within Balance Additions Reductions Balance One Year Governmental activities: Revenue bonds payable 5,425,000$ -$ (805,000)$ 4,620,000$ 845,000$ Add (subtract) deferred amounts: For issuance premiums (discounts) 73,289 - (12,408) 60,881 - Net revenue bonds payable 5,498,289 - (817,408) 4,680,881 845,000 Capital lease purchase agreements (a) 17,470,041 9,868,080 (7,437,057) 19,901,064 7,113,930 Compensated absences (b) 8,983,145 5,483,604 (4,471,265) 9,995,484 4,602,008 Other postemployment benefits (c) 22,809,518 2,264,678 (7,207,122) 17,867,074 - Claims payable (d) 10,158,001 15,762,374 (16,467,148) 9,453,227 3,431,427 Governmental activity Long-term liabilities 64,918,994$ 33,378,736$ (36,400,000)$ 61,897,730$ 15,992,365$ Business-type activities: Revenue bonds payable 90,155,000$ 20,430,000$ (3,035,000)$ 107,550,000$ 4,385,000$ Less deferred amounts: For issuance premiums (discounts) 4,839,200 4,814,006 (834,618) 8,818,588 - Net revenue bonds payable 94,994,200 25,244,006 (3,869,618) 116,368,588 4,385,000 Direct placement bank loans (e) 78,380,000 - (32,675,000) 45,705,000 1,405,000 Less deferred amounts: For issuance premiums (discounts) (58,474) - 7,037 (51,437) - Net direct placement bank loans 78,321,526 - (32,667,963) 45,653,563 1,405,000 Capital lease purchase agreements (a) 837,534 836,575 (335,768) 1,338,341 445,418 Compensated absences (b) 2,372,668 1,424,021 (1,173,450) 2,623,239 1,207,762 Other postemployment benefits (c) 10,101,324 999,344 (3,180,318) 7,920,350 - Business-type activity Long-term liabilities 186,627,252$ 28,503,946$ (41,227,117)$ 173,904,081$ 7,443,180$ City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2020 79 (a) Capital lease purchase agreements (direct borrowings): On September 19, 2013, City Council approved a Master Lease Purchase Agreement with The Bankcorp Bank d/b/a Mears Motor Leasing (lessor) to finance the acquisition of vehicles and equipment from October 1, 2013 through September 30, 2018. Since the agreement expired at the end of fiscal 2018, there is no remaining line of credit as of September 30, 2020. The vehicles and equipment were purchased by the city with cash and subsequently provided as collateral to the lessor. The city has the option to prepay without any prepayment penalty. In the event that insufficient funds are appropriated in any fiscal year to pay the lease charges, the agreement will terminate on the last day of the fiscal year for which payments were made, and the city will surrender the vehicles and equipment to the lessor. In the event of default, the lessor’s sole remedy is to sue for compensatory damages, which are agreed to be any accrued and unpaid rental payments, provided that the vehicles and equipment are surrendered to the lessor in proper working order. On February 1, 2019, City Council approved a Master Lease Purchase Agreement with SunTrust Equipment Finance and Leasing Corp., now Truist Equipment Finance Corp., (lessor) to provide a line of credit in the amount of $36,650,000 to finance the acquisition of vehicles and equipment from October 1, 2018 through September 30, 2023. The remaining line of credit as of September 30, 2020 is $25,945,345. The vehicles and equipment were purchased by the city with cash and subsequently provided as collateral to the lessor. The city has the option to prepay in whole but not in part on any payment date as set forth in the applicable Payment Schedule, if and to the extent the Payment Schedule permits such prepayment, with written notice given not less than thirty days prior to the payment date. In the event that that sufficient funds are not appropriated for the following fiscal year, the city will be deemed to not have renewed the lease, the lease will terminate at the end of the current fiscal year, and the city will be required to return the equipment to the lessor. In the event of default, the lessor may, at its option, declare all rental payments due to the end of the current budget year to be immediately due and payable, terminate the lease and repossess any or all of the equipment, or exercise any other remedy available at law or in equity with respect to such default. Governmental activities lease purchase contract additions of $9,868,080 includes $8,903,662 attributable to internal service funds and $964,418 attributed to governmental funds. The lease purchase contracts reduction of $7,437,057 includes $6,734,238 for internal service funds and $702,819 for governmental funds. (b) Compensated absences are paid by the fund where salaries are incurred, which is primarily the General Fund for governmental activities. (c) Since the OPEB plan’s inception in fiscal 2008, other postemployment benefits costs are allocated to and paid by funds based on their percentage of full-time equivalent employees, which is primarily the General Fund for governmental activities. (d) The Central Insurance Fund, an internal service fund, accrues for estimated claims and pays claims for all departments. (e) Direct placement bank loans outstanding include: $4,715,000 for Gas System Revenue Refunding Bond, Series 2013, and $8,430,000 for Stormwater System Revenue Refunding Bonds, Series 2013, issued by STI Institutional & Governmental, Inc. Net revenues derived by the City from the operation of the respective utility system are pledged as security for the loans. In the event of default as defined in the City’s bond ordinance, the default rate of interest shall be the lesser of the maximum rate permitted by law or 18%. There are no termination or acceleration provisions that have finance-related consequences. $3,855,000 for Gas System Revenue Refunding Bond, Series 2014, issued by TD Bank, N.A. Net revenues derived by the City from the operations of the respective utility systems are pledged as security for the loans. In the event of default as defined by the City’s bond ordinance, the default rate of interest shall be Prime Rate plus 4%. There are no termination or acceleration provisions that have finance-related consequences. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2020 80 $28,705,000 for Water and Sewer Revenue Refunding Bond, Series 2017B, issued by Raymond James Capital Funding, Inc. Net revenues derived by the City from the operation of the City’s water and sewer utility are pledged as security for the loan. In the event of default as defined by the City’s bond ordinance, the default rate of interest shall be the greater of (a) Prime Rate plus 3%, (b) the Federal Funds Rate plus 5%, or (c) 7% per annum. There are no termination or acceleration provisions that have finance-related consequences. III.G. Restricted assets Restricted assets are classified as current or noncurrent on the Statement of Net Position based on the underlying liabilities payable from the restricted assets. III.G.1. Water and Sewer Utility Fund Assets in the Water and Sewer Utility Fund restricted for construction include: Sewer Improvement charges, the use of which is restricted by the authorizing ordinance to the construction of additions to the sewer system; assets remaining at September 30, 2020, are: Cash and Investments $2,438,289 Assets of the Water and Sewer Utility Fund restricted under the provisions of the ordinances authorizing the issuance of Water and Sewer Revenue Bonds consisted of the following at September 30, 2020: Water and Sewer Revenue Bonds Debt Service: Cash and Investments 6,815,890 Water and Sewer Revenue Bonds Renewals and Replacements: Cash and Investments 5,856,505 Assets of the Water and Sewer Utility Fund representing Customers' Deposits and therefore restricted, consisting entirely of Cash and Investments at September 30, 2020 3,848,977 Total restricted assets – Water and Sewer Utility Fund $18,959,661 III.G.2. Gas Utility Fund Assets in the Gas Utility Fund restricted under the provisions of the ordinance authorizing the issuance of revenue bonds consisted of the following at September 30, 2020: Gas System Revenue Bonds Debt Service: Cash and Investments $ 75,964 Renewals and Replacements: Cash and Investments 300,000 Assets of the Gas Utility Fund representing Customers' Deposits at September 30, 2020: Cash and Investments 3,429,341 Total restricted assets – Gas Utility Fund $ 3,805,305 City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2020 81 III.G.3. Solid Waste & Recycling Utility Fund Restricted assets in the Solid Waste & Recycling Utility Fund represent customer deposits in the amount of $1,198,432 at September 30, 2020, consisting entirely of Cash and Investments. III.G.4. Stormwater Utility Fund Assets restricted under the provisions of the ordinances for the issuance of revenue bonds consisted of the following at September 30, 2020: Stormwater Revenue Refunding Bonds – Series 2012 Debt Service: Cash and Investments $2,337,427 Stormwater Revenue Refunding Bonds – Series 2013 Debt Service: Cash and Investments 604,255 Total restricted assets – Stormwater Utility Fund $2,941,682 City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2020 82 II.H. Fund Balance Classification Special Capital Non-Major General Development Improvement Governmental Fund Fund Fund Funds Non Spendable: Inventories 64,194$ -$ -$ -$ Prepaid items - - - 192,288 Restricted for: General government - - 397,781 93,622 Public safety - - 12,189,472 1,875,529 Physical environment - 21,611 3,659,322 979,434 Transportation - 1,728,700 18,610,134 - Economic environment - - - 19,529,911 Human services - - - 430,382 Culture and recreation - 3,217,680 11,664,884 923,425 Infrastructure capital projects - 1,322,987 - - Committed to: General government - - 1,649,609 569,375 Public safety - - 1,731,602 1,290,390 Physical environment - - 1,824,186 - Transportation - 321,139 8,227,941 - Economic environment - - - 232,058 Human services - - - 2,671 Culture and recreation - - 9,441,695 248,650 Assigned to: General government 63,760 - - 131,693 Public safety 158,145 - - 628,855 Physical environment 5,980 - - 194,548 Transportation - - - - Economic environment 18,133 - - 902,395 Human services 8,500 - - 86,018 Culture and recreation 83,401 104,862 - 78,720 Infrastructure capital projects - 4,875,312 - - Unassigned 48,933,281 - - - Total Fund Balances 49,335,394$ 11,592,291$ 69,396,626$ 28,389,964$ General Fund assigned fund balance ($337,919) relates to encumbrances. In the Special Development Fund, restricted amounts relate to collections from drainage fees ($21,611), sidewalk fees ($279,180), transportation impact fees ($1,305,317), local option gas tax ($144,203), recreation impact fees ($3,217,680), and local infrastructure sales tax ($1,322,987). Committed amounts relate to the portion of property tax revenues that is set aside in the budget process to provide funding for road maintenance projects ($321,139). Assigned amounts relate to interest earned on recreation impact fees ($104,862) and interest earned on local infrastructure sales tax balances ($4,875,312). City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2020 83 Amounts in the Capital Improvement Fund all relate to funding for various capital projects. Significant restrictions in the non-major governmental funds include public safety restrictions for law enforcement programs ($1,846,917) and EMS programs ($28,612); physical environment restrictions for tree replacements ($979,434); economic environment restrictions for economic development programs ($3,251,387), low income housing ($8,401,191) and community redevelopment ($7,877,333); and culture and recreation restrictions for debt service ($775,765), library programs ($137,938), and youth programs ($9,722). Significant commitments include general government commitments for housing consulting services ($65,666), electronic plan submittal program ($139,073), Nagano Sister City program ($94,357) and the lien foreclosure program ($270,279); and commitments to public safety for police vehicles ($192,535), emergency operations ($940,155) and law enforcement programs ($157,700). Assigned amounts relate to interest earned on program balances for general government ($131,693), public safety ($628,855), physical environment ($194,548), economic environment ($691,926), human services ($86,018), and culture and recreation ($78,720). Additional amounts assigned for economic environment purposes are for low income housing ($133,988) and community redevelopment ($76,482). Note IV - Other Information IV.A. Risk management The City is self-insured within certain parameters for losses arising from claims for general liability, auto liability, police professional liability, public official’s liability, property damage, and workers' compensation. Insurance coverage has been maintained by the City to pay for or indemnify the City for losses in excess of certain specific retentions and up to specified maximum limits in the case of claims for liability, property damage, and workers' compensation. The liability excess coverage is $5,000,000 per occurrence ($10,000,000 aggregate) with self-insured retention of $500,000. There is workers’ compensation coverage to the statutory limit, with self-insured retention of $600,000. The property damage excess coverage is $100 million per occurrence, except $75 million for the perils of Named Storm (per occurrence), Flood (annual aggregate) and Earth Movement (annual aggregate) after either a $100,000 self-insured retention for perils other than a named storm or 5% self-insured retention for named storm and High Hazard Flood with a $100,000 minimum. Settled claims have not exceeded excess coverage in any of the past three years. On October 17, 2012, City Council authorized a partial self-insured funding arrangement with Cigna for health insurance effective for the plan year beginning January 1, 2013. Per this arrangement, the City is self-insured for medical and pharmacy claims up to $250,000 per person per year. The City has purchased stop loss insurance from Cigna which covers 50% of individual claims for any amount of the claim between the amounts of $250,000 and $350,000 and covers 100% of individual claims for any amount of the claim exceeding the amount of $350,000 per person per year. In accordance with the fully insured arrangement between the City and Cigna prior to January 1, 2013, the City has no liability for health insurance claims incurred prior to this date. The City estimates a liability for health insurance claims incurred but not yet paid as of September 30, 2020 in the amount of $1,084,227. The transactions relating to the self-insurance program are accounted for in the Central Insurance Fund, an internal service fund. The billings by the Central Insurance Fund to the various operating funds (the interfund premiums) are based on actuarial estimates of the amounts needed to pay prior and current year claims. The claims liability reported at September 30, 2020, is based on the requirements of GASB Statement No. 10, which requires that a liability for claims be reported if information prior to the issuance of the financial statements indicates that it is probable that a liability has been incurred at the date of the financial statements and the amount of the loss can be reasonably estimated. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2020 84 Changes in the claims liability amounts in fiscal years 2020 and 2019 were: Self Insurance Balance at September 30, 2018 10,981,365$ Current year claims and changes in estimates 15,054,608 Claims paid (15,877,972) Balance at September 30, 2019 10,158,001 Current year claims and changes in estimates 15,782,534 Claims paid (16,487,308) Balance at September 30, 2020 9,453,227$ IV.B. Employee retirement systems and pension plans IV.B.1. Defined benefit pension plans The City contributes to two separate single-employer, self-administered defined benefit pension plans covering approximately three-fourths of all City employees. The Employees' Pension Plan covers all permanent, full-time City employees who successfully pass the required physical examination, except for firefighters employed prior to July 1, 1963, and certain unclassified (primarily managerial) employees. The Firefighters’ Relief and Pension Plan covered eligible firefighters hired prior to July 1, 1963 and is closed to new entrants. As indicated, both plans are self-administered, and the administrative costs of the plans are financed from the respective plan assets. Each pension fund is accounted for as a pension trust fund; therefore, each is accounted for in substantially the same manner as proprietary funds with an economic resources measurement focus and the accrual basis of accounting. Fund assets, primarily investments, are valued at fair value for balance sheet purposes. Investment values are determined using the estimated fair value determined by averaging estimated fair values obtained from three or more nationally recognized brokers. For purposes of measuring the net pension liability (asset), deferred outflows of resources and deferred inflows of resources related to pensions, and pension expense, information about the fiduciary net position of the plans, and additions to/deductions from the plans’ fiduciary net position have been determined on the same basis as they are reported by the plans. For this purpose, benefit payments (including refunds of employee contributions) are recognized when due and payable in accordance with the benefit terms. Detailed information about each plan’s fiduciary net position is available on pages 106-111 and pages 136-137 of this Comprehensive Annual Financial Report. Neither of these plans issues a stand-alone financial report. The Employees' Pension Plan is authorized by and operates under the provisions of Sections 2.391 through 2.428 of the Municipal Code of the City of Clearwater. Sections 2.391 through 2.401 apply to those participants who attained a vested benefit and terminated employment prior to January 1, 2013. Sections 2.410 through 2.428 apply to those participants who are actively employed by the City of Clearwater as of or after January 1, 2013. Plan provisions have been duly approved as required by the voters in referendums. Since the last valuation, there has been a revision in benefits to provide a 1.5% Cost of Living Adjustment (COLA) annually on all benefits for Hazardous Duty Police Officers including any benefits accrued after January 1, 2013 (instead of only for benefits accrued prior to January 1, 2013). For any non-grandfathered Hazardous Duty Police Officers (not eligible for normal retirement on January 1, 2013), there will be a five-year delay (after retirement date) until the COLA is applied to benefits accrued after January 1, 2013. This change applies to all Hazardous Duty Police Officers who were actively employed on or after January 1, 2020. As a result of this change, beginning with the January 1, City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2020 85 2020 valuation report, the results are determined separately for the three groups of employees covered by the Plan: Non- Hazardous Duty, Hazardous Duty Police Officers, and Hazardous Duty Firefighters. The Market Value of Assets, Actuarial Value of Assets, and Credit Balance as of January 1, 2020 were initially allocated to each group based on the relative proportion of each group’s Actuarial Accrued Liability as of January 1, 2020, before any plan or assumption changes. In subsequent valuation reports, the Market Value of Assets and the Credit Balance will be calculated separately for each group, and the Actuarial Value of Assets for each group will be based on the relative proportion of each group’s Market Value of Assets. In addition to the above revision in benefits, the investment rate assumption has been reduced by 0.10% from 6.75% to 6.65%, with further reductions approved for the next two valuations. Management of the Employees’ Pension Plan is vested in the Clearwater City Council, serving as the Pension Trustees. Plan membership/Employees covered by benefit terms. As of the most recent actuarial valuation date, January 1, 2020, the membership of the Employees’ Pension Plan was as follows: Employees' Pension Plan Retirees and beneficiaries currently receiving benefits 1,321 Terminated employees entitled to benefits but not yet receiving them 80 Active employees 1,571 Total number of participants 2,972 Benefits provided. The normal retirement benefit is a monthly benefit equal to 2.75% of average monthly compensation (2.00% for participants in non-hazardous duty hired on or after January 1, 2013) for the highest five of the final ten years of service multiplied by the number of years of service to date of retirement. Eligibility for normal retirement occurs upon completion of 10 years of service and the attainment of age 65, or completion of 20 years of service and the attainment of age 55, or completion of 30 years of service regardless of age, for employees hired before January 1, 2013 who are engaged in non- hazardous duty. For employees hired on or after January 1, 2013 who are engaged in non-hazardous duty, eligibility for normal retirement occurs upon completion of 25 years of service and attainment of age 60, or completion of 10 years of service and attainment of age 65. For those engaged in hazardous duty, eligibility occurs upon completion of 20 years of service or upon completion of 10 years of service and attainment of age 55. For all hazardous duty participants and non-hazardous duty participants eligible to retire as of January 1, 2013, the normal monthly benefit is payable for the life of the participant and will continue, after the participant's death, to be paid at the same amount for 5 years to the surviving spouse; after 5 years, the survivor annuity is reduced to 50% of the original amount and ceases upon death or remarriage of the spouse. For non- hazardous duty participants not eligible to retire as of January 1, 2013, the normal benefit is a monthly annuity paid for the life of the participant. There are several other benefit payment options that are computed to be the actuarial equivalent of the normal benefit. The plan provides for an annual cost of living adjustment (COLA) of up to 1.5% for benefits accrued prior to January 1, 2013. For non-hazardous duty participants, there is a five-year delay until the cost of living increase is applied to benefits accrued after January 1, 2013, and for Hazardous Duty Firefighters, there is no cost of living increase for benefits accrued after January 1, 2013. For Hazardous Duty Police Officers actively employed on or after January 1, 2020, there is a COLA of 1.5% on all benefits accrued after January 1, 2013. For all non-grandfathered Hazardous Duty Police Officers (not eligible for normal retirement on January 1, 2013), there will be a five-year delay (after the retirement date) until the COLA is applied to benefits accrued after January 1, 2013. The plan also provides for disability and death benefits, vesting after completion of 10 years of service and the refund of employee contributions in case of a non-vested termination. Covered employees in non-hazardous duty and employees in hazardous duty who are eligible to retire as of January 1, 2013 contribute 8% of their compensation. Covered employees in hazardous duty who are not eligible to retire as of January 1, 2013 contribute 10% of their compensation. It is the City's obligation to provide a sufficient additional contribution to maintain the actuarial soundness of the fund but, in any event, not less than 7% of participating employee’s compensation per the ordinance governing the plan. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2020 86 Contributions. Employer contributions are made in equal installments during the first two quarters of the fiscal year based upon the actuarially determined percentage of payroll and the actual payroll payable at the time contributions are made. The minimum required City contribution is 7% of covered payroll. Member contributions are made continuously throughout the year. Investment policy. The Employees’ Pension Plan Statement of Investment Objectives and Guidelines was adopted by the Pension Trustees on December 16, 2019. The investment policy requires an annual review by the Pension Investment Committee with a recommendation to the Pension Trustees to confirm or revise. The following was the Trustees’ adopted asset allocation policy as of September 30, 2020: The Employees’ Pension Plan has invested in real estate, timber, and infrastructure limited partnership funds. The strategies of these funds are long term and illiquid in nature. As a result, investors are subject to redemption restrictions which generally limit distributions and restrict the ability of limited partners to exit a partnership investment prior to its dissolution. These investments partnerships are valued using their respective net asset value (NAV) and are audited annually. The most significant input into the NAV of such an entity is the fair value of its investment holdings. These holdings are valued by the general partners on a quarterly or semi-annual basis, in conjunction with management and investment advisors, and consultation with valuation specialists. The management assumptions are based upon the nature of the investment and the underlying business. The valuation techniques vary based upon investment type and involve a certain degree of expert judgment. All timber acquisitions are valued per an independent expert third party appraisal within one year of acquisition and similar independent third-party appraisals of fair value are conducted at least every three years thereafter. The infrastructure fund’s assets are valued by international recognized accounting firms and/or internationally recognized appraisal firms (independent appraisers) on a quarterly basis, with the independent appraisers rotated at three-year intervals. Concentrations. As of September 30, 2020, the Employees' Pension Plan held no investments (other than U.S. Government or U.S. Government guaranteed obligations) in any one organization comprising 5% or more of the net position available for benefits. Rate of return. For the fiscal year ended September 30, 2020, the annual money-weighted rate of return on investments of the Employees’ Pension Plan, net of pension plan investment expense, was 9.73%. The money-weighted rate of return expresses investment performance, net of investment expense, adjusted for the changing amounts actually invested. Asset Class Target Allocation U.S. Large Cap Equities 26.00% U.S. Mid Cap Equities 8.00% U.S. Small Cap Equities 5.00% International Equities 14.00% Emerging Markets Equities 4.00% U.S. Short Term T-Bills 1.00% U.S. Long Term Treasury Bonds 4.00% U.S. Core Fixed Income 13.00% U.S. Investment Grade Corporate Bonds 8.00% U.S. Municipal Bonds 1.00% Global Bonds 1.00% U.S. Private Real Estate and Infrastructure 15.00% 100.00% City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2020 87 Net pension liability (asset). The components of the net pension liability (asset) of the City for the Employees’ Pension Plan at September 30, 2020, were as follows: Total pension liability 1,042,461,593$ Plan fiduciary net position 1,132,560,858 City's net pension liability (asset) (90,099,265)$ Plan fiduciary net position as a percentage of 108.64% the total pension liability The changes in the net pension liability (asset) of the City for the Employees’ Pension Plan for the year ending September 30, 2020 were as follows: Total Pension Plan Fiduciary Net Pension Liability Net Position Liability/(Asset) (a) (b) (a) - (b) Balances at 9/30/2019 987,830,735$ 1,064,103,121$ (76,272,386)$ Changes for the year: Service cost 16,934,015 - 16,934,015 Interest 66,061,748 - 66,061,748 Benefit changes 6,428,217 - 6,428,217 Differences between expected and actual experience 5,473,272 - 5,473,272 Assumption changes 11,877,993 - 11,877,993 Contributions - employer - 10,364,100 (10,364,100) Contributions - employee - 7,925,645 (7,925,645) Contributions - state tax - 12,000 (12,000) Net investment income - 102,588,458 (102,588,458) Benefit payments, including refunds of employee contributions (52,144,387) (52,144,387) - Administrative expense - (288,079) 288,079 Net changes 54,630,858 68,457,737 (13,826,879) Balances at 9/30/2020 1,042,461,593$ 1,132,560,858$ (90,099,265)$ Increase (Decrease) Actuarial assumptions. The total pension liability was determined by an actuarial valuation as of January 1, 2020 (Valuation Date), using the following actuarial assumptions, applied to September 30, 2020 (Measurement Date): City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2020 88 Inflation 2.25% Salary increases Hazardous Duty - 4.50% to 7.60%, including 2.25% inflation, based on merit and seniority Non-Hazardous Duty - 2.75% to 6.50%, including 2.25% inflation, based on merit and seniority Investment rate of return 6.65% net of investment expense The actuarial assumptions used in the January 1, 2020 valuation were based on the results of an Experience Investigation for the Five Years Ended December 31, 2017. Since the last valuation, there has been a change in plan provisions per Ordinance 9380-20 adopted on March 5, 2020 to provide a 1.5% Cost of Living Adjustment (COLA) annually on all benefits for Hazardous Duty Police Officers including any benefits accrued after January 1, 2013 (instead of only for benefits accrued prior to January 1, 2013). For any non- grandfathered Hazardous Duty Police Officers (not eligible for normal retirement on January 1, 2013), there will be a five- year delay (after retirement date) until the COLA is applied to benefits accrued after January 1, 2013. This change applies to all Hazardous Duty Police Officers who were actively employed on or after January 1, 2020. In addition to the above revision in benefits, the investment return assumption was reduced by 0.10% from 6.75% to 6.65%, with further reductions approved for the next two valuations. Long-term expected rate of return. The long-term expected rate of return on investments of the Employees’ Pension Plan was determined using a building-block method in which expected future real rates of return (expected returns, net of pension plan investment expense and inflation) are developed for each major asset class. These real rates of return are combined to produce the long-term expected rate of return by weighting the expected future real rates of return by the target asset allocation percentage and by adding expected inflation. For each major asset class that is included in the pension plan’s target asset allocation as of September 30, 2020, these best estimates are summarized in the following table: Long-Term Expected Asset Class Real Rate of Return U.S. Large Cap Equities 5.50% U.S. Mid Cap Equities 5.75% U.S. Small Cap Equities 5.75% International Equities 5.25% Emerging Markets Equities 6.00% U.S. Short Term T-bills -0.50% U.S. Long Term Treasury Bonds 0.25% U.S. Core Fixed Income 0.35% U.S. Investment Grade Corporate Bonds 1.35% U.S. Municipal Bonds 1.65% Global Bonds -0.40% U.S. Private Real Estate and Infrastructure 3.75% Discount rate. A single discount rate of 6.65% was used to measure the total pension liability. The single discount rate was based on the expected rate of return on pension plan investments of 6.65%. The projection of cash flows used to determine single discount rate assumed that plan member contributions will be made at the current contribution rate and that employer contributions will be made at rates equal to the difference between actuarially determined contribution rates and the member rate. Based on these assumptions, the pension plan’s fiduciary net position was projected to be available to make all projected future benefit payments of current plan members. Therefore, the long-term expected rate of return on pension plan investments was applied to all periods of projected benefit payments to determine the total pension liability. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2020 89 Sensitivity of the net pension liability (asset) to changes in the discount rate. The following presents the Employee Pension Plan’s net pension liability (asset), calculated using a single discount rate of 6.65%, as well as what the plan’s net pension liability (asset) would be if it were calculated using a single discount rate that is one percent lower or one percent higher. 1% Discount Rate 1% Decrease Assumption Increase 5.65% 6.65% 7.65% 44,338,720$ (90,099,265)$ (200,928,770)$ Pension expense and deferred outflows of resources and deferred inflows of resources related to pensions. For the year ended September 30, 2020, the City recognized negative pension expense of $2,767,421 for the Employees’ Pension Plan. At September 30, 2020, the City reported deferred outflows of resources and deferred inflows of resources related to pension from the following sources: Net Deferred Deferred Outflows Deferred Inflows Outflows (Inflows) of Resources of Resources of Resources Differences between expected and actual experience 6,808,840$ 4,745,703$ 2,063,137$ Changes in assumptions 23,914,096 - 23,914,096 Net differences between projected and actual earnings on pension plan investments - 35,107,968 (35,107,968) Total 30,722,936$ 39,853,671$ (9,130,735)$ Amounts reported as deferred outflows or resources and deferred inflows on resources related to pensions will be recognized in pension expense as follows: Year ended September 30: 2021 (8,466,818)$ 2022 78,333 2023 2,662,872 2024 (3,405,122) 2025 - Thereafter - (9,130,735)$ The Firefighters’ Relief and Pension Plan is authorized and operated under the provisions of Subpart B, Article I (Laws of Florida, Chapter 30658, 1955 and amendments), Sections 1 through 27 of the Municipal Charter and Related Law of the City of Clearwater and Chapter 26, Article III, Sections 26.50 through 26.52 of the Municipal Code of the City of Clearwater. Since the last actuarial valuation as of October 1, 2019, the Board of Trustees approved a reduction in the investment yield (discount rate) from 3.0% to 2.50%. Additionally, mortality tables were updated from RP2000 tables to the Headcount Weighted Safety tables for retirees and the Headcount Weighted General tables for beneficiaries and disabled retirees. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2020 90 Management of the Firefighters’ Relief and Pension Plan rests with the Board of Trustees, which consists of the Mayor, the Fire Chief and three members of the Fire Department, which can be either active or retired members of the Firefighters’ Relief and Pension Plan, as stipulated in Chapter 2008-287, Laws of Florida. In the event that no member of the plan is available to stand for election, then a current firefighter of the department below the rank of chief who is willing to serve shall be placed on the ballot. If no one is available to stand for election, or if no one is available to participate in the voting, then members of the Board of Trustees will be appointed by the City Council from membership of the City Council. Plan membership/Employees covered by benefit terms. As of the most recent actuarial valuation date, October 1, 2020, the membership of the Firefighters’ Relief and Pension Plan was as follows: Firefighters' Relief and Pension Plan Retirees and beneficiaries currently receiving benefits 12 Terminated employees entitled to benefits but not yet receiving them - Active employees - Total number of participants 12 Benefits provided. The normal retirement benefit is a monthly benefit in the amount of 50% of the prevailing wage at the date of retirement of the lowest rank held by the participant during the three years immediately preceding retirement plus 2% of such prevailing wage for each year of service in excess of 20 years up to a maximum of 60%. Participants retiring at the age of 65 years are entitled to a benefit of 60% of the prevailing wage of the lowest rank held by the participant during the three years immediately preceding retirement. The ending rate of pay specified above may not exceed the highest rate of pay for the rank of Captain. Eligibility for normal retirement occurs upon completion of 20 years of service or attainment of age 65. The monthly benefits are payable for the life of the participant and continue, after the participant's death, to be paid to certain eligible surviving beneficiaries at an amount that is one-half of the amount received by the participant. Benefits are also provided for children of the deceased participant who are less than 18 years of age subject to certain limitations as to amount. The plan also provides for disability and death benefits and for vesting upon completion of at least 12 years of service. The plan provides for post-retirement cost of living increases equal to the increase in the prevailing wage for the rank at which the participant retired with a limitation for those retiring on or after January 1, 1972, of 100% of the initial pension benefit for total cost of living increases. Participating employees are required to contribute 6% of their salaries up to the equivalent of the salary of a fireman holding the rank of Captain. Effective with the fiscal year ended September 30, 2007, the Firefighters’ Relief and Pension Plan, with no remaining active members (only retirees), is fully funded per the requirements of the governing Ordinance. The City may elect to contribute should future valuations show an actuarial need for such. Contributions. Effective with the fiscal year ended September 30, 2007, the Firefighters’ Relief and Pension Plan, with no remaining active members (only retirees), was fully funded per the requirements of the governing Ordinance. The City may elect to contribute should future annual valuations show an actuarial need for such. Investment policy. The Firefighters’ Relief and Pension Plan investment policy was adopted on September 28, 2000. It must be reviewed annually by the Board of Trustees. The following was the adopted asset allocation policy as of September 30, 2020: Asset Class Target Allocation Domestic Fixed Income 0 - 70% Pooled Cash 30% - 100% City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2020 91 Concentrations. As of September 30, 2020, the Firefighters’ Relief and Pension Plan held no investments (other than U.S. Government or U.S. Government guaranteed obligations) in any one organization comprising 5% or more of the net position available for benefits. Rate of return. For the fiscal year ended September 30, 2020, the annual money-weighted rate of return on investments of the Firefighters’ Relief and Pension Plan, net of pension plan investment expense, was 5.06%. The money-weighted rate of return expresses investment performance, net of investment expense, adjusted for the changing amounts actually invested. Net pension liability (asset). The components of the net pension liability (asset) of the City for the Firefighters’ Relief and Pension Plan at September 30, 2020, were as follows: Total pension liability 2,169,234$ Plan fiduciary net position 3,481,098 City's net pension liability (asset) (1,311,864)$ Plan fiduciary net position as a percentage of 160.48% the total pension liability The changes in the net pension liability (asset) of the City for the Firefighters’ Relief and Pension Plan for the year ending September 30, 2020 were as follows: Total Pension Plan Fiduciary Net Pension Liability Net Position Liability/(Asset) (a) (b) (a) - (b) Balances at 9/30/2019 2,354,798$ 3,598,272$ (1,243,474)$ Changes for the year: Service cost - - - Interest 52,304 - 52,304 Differences between expected and actual experience 80,335 - 80,335 Assumption changes (55,554) - (55,554) Contributions - employer - - - Contributions - employee - - - Net investment income - 147,975 (147,975) Benefit payments, including refunds of employee contributions (262,649) (262,649) - Administrative expense - (2,500) 2,500 Net changes (185,564) (117,174) (68,390) Balances at 9/30/2020 2,169,234$ 3,481,098$ (1,311,864)$ Increase (Decrease) City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2020 92 Actuarial assumptions. The total pension liability was determined by an actuarial valuation as of October 1, 2020 (Valuation Date), using the following actuarial assumptions, applied to September 30, 2020 (Measurement Date): Inflation 2.00% Salary increases N/A Investment rate of return 2.50% net of investment expense Healthy Inactive Mortality for males is based on the Headcount Weighted Safety Below Median Healthy Retiree Male Table, set forward one year, and for females is based on the Headcount Weighted General Below Median Healthy Retiree Female Table. Disabled Mortality for males is based on 80% Headcount Weighted General Disabled Retiree Male Table; 20% Headcount Weighted Safety Disabled Retiree Male Table, and for females is based on the Headcount Weighted General Disabled Retiree Female Table, set forward three years. There is no projection of mortality improvement due to the small number of participants and their advanced age. Long-term expected rate of return. Because the Firefighters’ Relief and Pension Plan is limited to investments in fixed income securities and pooled cash, the long-term expected rate of return will approximate the discount rate of 2.50%. Discount rate. A discount rate of 2.50% was used to measure the total pension liability. The discount rate was based on the actuary’s expectation of future yields and consideration of the City’s projection of future weighted yield based on current asset holdings. Sensitivity of the net pension liability (asset) to changes in the discount rate. The following presents the Firefighters’ Relief and Pension Plan’s net pension liability (asset), calculated using a discount rate of 2.50%, as well as what the plan’s net pension liability (asset) would be if it were calculated using a single discount rate that is one percent lower or one percent higher. 1% Discount Rate 1% Decrease Assumption Increase 1.50% 2.50% 3.50% (1,165,668)$ (1,311,864)$ (1,442,068)$ Pension expense and deferred outflows of resources and deferred inflows of resources related to pensions. For the year ended September 30, 2020, the City recognized pension expense of $0 for the Firefighters’ Relief and Pension Plan as it is a fully funded plan with no active participants. As such, there are no deferred inflows or deferred outflows of resources related to pensions. IV.B.2. Police Supplemental Pension Fund A supplemental defined contribution pension plan exists for all eligible policemen, which is funded by earmarked revenues received from the State and is administered by the Board of the Police Supplemental Pension Plan. The revenues received from the State are allocated among eligible police officers based on the number of days employed as Clearwater Police Officers. These revenues received from the State of Florida “on-behalf” of the City’s employees, which comprise the plan contributions, totaled $1,109,545 for the year ended September 30, 2020, and are obtained from an eighty-five one hundredths of one percent (0.85%) excise tax on the gross receipts from premiums collected on casualty insurance policies covering property within the City's corporate limits. These monies were recognized as General Fund revenues and General Fund police department expenditures in the current year. The current year contributions represent 5.09% of covered employees’ gross payroll. The fair value of cash and investments at September 30, 2020, totaled $19,592,848. The Police Supplemental Pension Fund is authorized by and operates under the provisions of Sections 2.471 through 2.480 of the Municipal Code of the City of Clearwater and Chapter 185 of Florida Statutes. Under the plan provisions, the total monies City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2020 93 received during each fiscal year, after payment or provision for all costs and expenses of management and operation of the plan, are allocated to participants based on the total number of shares to which each participant is entitled. Each participant is entitled to one share in the fund for each day of service as a police officer of the City. All police officers, as defined in Section 26.70(g) of the Code of Ordinances of the City of Clearwater, who are elected, appointed, or employed full-time by the City are eligible to participate in the plan. There are no employee contributions to the supplemental plan. Benefits are fully vested for a lump sum distribution after twenty years from the date of hire, with provision for partial vesting after ten or more years under the plan. Accumulated benefits are payable in full in case of death while employed by the City or in case of total and permanent job-related disability. Non-vested participants' account values upon termination of employment during any fiscal year are added to the monies received during that fiscal year for allocation to the remaining participants in the plan based on total days worked. Plan assets, primarily investments, are valued at fair value for balance sheet purposes. Investment values are determined using the estimated fair value determined by averaging estimated fair values obtained from three or more nationally recognized brokers. For the fiscal year ended September 30, 2020, the gross payroll of the covered officers was $21,777,408; the City's total gross payroll for the same period was $105,201,845. Since the entitlement to benefits is based entirely upon the allocation of monies received by the plan to the participants' share accounts, there is no actuarial liability on the part of either the State or the City. IV.B. 3. Firefighters’ Supplemental Pension Fund A supplemental defined contribution pension plan exists for all eligible firefighters, which is funded by earmarked revenues received from the State and is administered by the Board of the Clearwater Firefighters’ Supplemental Pension Plan. The revenues received from the State are allocated among eligible firefighters based on the number of days worked during the previous year. These revenues received from the State of Florida “on-behalf” of the City’s employees, which comprise the plan contributions, amounted to $998,892 in the year ended September 30, 2020, and are obtained from a one and eighty-five one hundredths percent (1.85%) excise tax on the gross receipts from premiums collected on property insurance policies covering property within the City's corporate limits. These monies were recognized as General Fund revenues and General Fund fire department expenditures in the current year. The current year contributions represent 5.99% of covered employees’ gross payroll. The fair value of cash and investments at September 30, 2020, totaled $20,102,027. As the plan is described as a money purchase pension plan, whereby contributions are allocated based on the number of days worked during the fiscal year ended September 30, and interest earnings allocated based on the beginning balances in each participant's account, there is no actuarial liability on the part of the State or the City. The Firefighters’ Supplemental Pension Fund is authorized by and operates under the provisions of Sections 2.441 through 2.455 of the Municipal Code of the City of Clearwater and Chapter 175 of Florida Statutes. Eligibility requires two years of credited calendar year service as a firefighter with concurrent participation in the Employees' Pension Plan. There is no employee contribution to the supplemental plan, and benefits are vested for a lump sum distribution at ten years unless there is early retirement, disability or death. Non-vested participants' account values upon termination of employment are reallocated among the remaining participants based on days worked during the previous year. Plan assets, primarily investments, are valued at fair value for balance sheet purposes. Investment values are determined using the estimated fair value determined by averaging estimated fair values obtained from three or more nationally recognized brokers. For the fiscal year ended September 30, 2020, the gross payroll of covered firefighters was $16,670,515; the City's total gross payroll for the same period was $105,201,845. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2020 94 IV.B.4. Pension Plan Financial Statements Separate financial statements are provided in the Notes per the guidance of GASB Statement No. 34 as follows: Statement of Fiduciary Net Position: Defined Benefit Defined Contribution Pension Trust Funds Pension Trust Funds Firefighters' Police Firefighters' Employees' Relief and Supplemental Supplemental Pension Fund Pension Fund Pension Fund Pension Fund ASSETS Cash and cash equivalents $ 9,890,595 $ 2,292,432 $ 4,828 $ - Managed investment accounts, at fair value: Cash and cash equivalents 22,795,324 - 811,012 876,853 Government bonds 63,074,430 - - 295,168 Index linked government bonds 5,984,825 - - - Agency bonds 3,165,603 1,167,534 - - Municipal bonds 3,190,446 - - 248,415 Domestic corporate bonds 130,779,004 - - 3,032,750 International equity securities 141,320,172 - - 337,219 Domestic stocks 435,195,575 - - 2,369,676 Mortgage backed bonds 89,467,354 - - 1,052,067 Government issued commercial mortgage backed bonds 130,798 - - - Asset backed securities 7,113,854 - - - Other/rights/warrants 1,606 - - - Domestic equity mutual funds 50,215,056 - 10,619,413 8,079,967 International equity mutual funds 38,152,799 - 8,162,423 973,986 Infrastructure 42,849,862 - - - Real estate 95,586,317 - - 2,835,926 Total managed investment accounts 1,129,023,025 1,167,534 19,592,848 20,102,027 Securities lending collateral 125,978,068 - - - Receivables: Interest and dividends 2,963,944 21,132 8,597 39,661 Unsettled investment sales 3,040,334 - - - Securities lending earnings 23,175 - - - Due from others - - 4,336 - Total receivables 6,027,453 21,132 12,933 39,661 Total assets 1,270,919,141 3,481,098 19,610,609 20,141,688 LIABILITIES Accounts payable 958,076 - 105 - Unsettled investment purchases 11,422,139 - - - Obligations under securities lending 125,978,068 - - - Total liabilities 138,358,283 - 105 - FIDUCIARY NET POSITION Net position restricted for pensions $ 1,132,560,858 $ 3,481,098 $ 19,610,504 $ 20,141,688 City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2020 95 Statement of Changes in Fiduciary Net Position: Defined Benefit Defined Contribution Pension Trust Funds Pension Trust Funds Firefighters' Police Firefighters' Employees' Relief and Supplemental Supplemental Pension Fund Pension Fund Pension Fund Pension Fund ADDITIONS Contributions: Contributions from employer $ 10,364,100 $ - $ - $ - Contributions from employer - state tax 12,000 - 1,109,545 998,892 Contributions from employees 7,925,645 - - - Total contributions 18,301,745 - 1,109,545 998,892 Investment income: Net appreciation (depreciation) in fair value of investments 90,104,295 55,392 (564,849) 858,077 Interest 10,214,736 92,583 - 287,314 Dividends 8,240,570 - 278,747 436,946 108,559,601 147,975 (286,102) 1,582,337 Less investment expenses: Investment management / custodian fees (6,404,287) - (31,544) (95,422) Net income from investment activities 102,155,314 147,975 (317,646) 1,486,915 Securities lending income: Gross earnings 1,506,792 - - - Rebate paid (840,643) - - - Bank fees (233,005) - - - Net income from securities lending 433,144 - - - Total additions 120,890,203 147,975 791,899 2,485,807 DEDUCTIONS Benefits and withdrawal payments: Benefits 50,966,931 262,649 1,600,810 1,665,183 Withdrawal payments 1,177,456 - - - Total benefits and withdrawal payments 52,144,387 262,649 1,600,810 1,665,183 Income (loss) before administrative expenses 68,745,816 (114,674) (808,911) 820,624 Administrative expenses (288,079) (2,500) (18,106) (35,233) Net increase (decrease)68,457,737 (117,174) (827,017) 785,391 Fiduciary net position restricted for pensions Fiduciary net position - beginning 1,064,103,121 3,598,272 20,437,521 19,356,297 Fiduciary net position - ending $ 1,132,560,858 $ 3,481,098 $ 19,610,504 $ 20,141,688 City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2020 96 IV.B.5. 401(a) defined contribution plan For all management employees not covered under either of the defined benefit pension plans, the City provides pension benefits through a 401(a) defined contribution plan. In a defined contribution plan, benefits depend solely on amounts contributed to the plan plus investment earnings. Employees are participants from the date of employment and are fully vested upon enrollment. The plan is totally contributory on the part of the City in an amount equal to 15% of compensation on behalf of the City Manager and the City Attorney and 8% of compensation on behalf of all other management contract employees and Assistant City Attorneys. The City makes bi-weekly contributions to the Trust throughout the plan year to meet its funding obligations under the plan. Plan provisions and contribution requirements are established and may be amended by the City Council. The International City Management Association Retirement Corporation (ICMA-RC), the trustee for the defined annuity, offers participants a variety of investment options. The City’s total gross payroll for the fiscal year ended September 30, 2020 was $105,201,845. The Plan members’ payroll for the same period totaled $4,964,607. The City’s contribution, per the above contribution rates, totaled $424,339. IV.B.6. Deferred compensation plan The City offers its employees a deferred compensation plan created in accordance with Internal Revenue Code Section 457. The plan, available to all City employees, permits them to defer a portion of their salary until future years. Participation in the plan is optional. The deferred compensation is not available to employees until termination, retirement, death, or unforeseeable emergency. Effective January 1, 1997, Federal legislation converted the Section 457 deferred compensation assets from City assets to employee assets. As a result of these changes, plan assets are no longer subject to the claims of the City’s general creditors. Consequently, these assets are no longer reported in the accompanying financial statements, in compliance with GASB Statement No. 32. IV.C. Post-employment Benefits Other Than Pension (OPEB) Plan Description. The City of Clearwater administers a single-employer defined benefit healthcare plan (the “Plan”) that provides medical insurance benefits to its employees and their eligible dependents. Because the City provides a medical plan to active employees of the City and their eligible dependents, the City is also required by Section 112.0801, Florida Statutes, to provide retirees with the opportunity to participate in this Plan. While the City does not directly contribute towards the costs of retiree premiums via an explicit subsidy, the ability of retirees to obtain health insurance coverage at a group rate which includes active employees, constitutes a significant economic benefit to retirees, or an “implicit” subsidy. This implicit subsidy is considered an “other post-employment benefit” (OPEB) obligation of the City. Since the City is currently funding this OPEB obligation on a pay-as-you-go basis, there are no plan assets accumulated in a trust that meets the criteria in paragraph 4 of GASB Statement No. 75. The OPEB expense recognized each fiscal year is equal to the change in the total OPEB liability from the beginning of the year to the end of the year, not including the impact of employer contributions, adjusted for deferred recognition of the liability. Benefits provided. Benefit provisions for the Plan are established by the City Council and may be amended by the City Council. The retirees pay the full group premium amount for health insurance with no explicit subsidy from the City. Additionally, the City provides and pays for $1,000 of term life insurance for retirees who retired before October 1, 2008. The term life insurance benefit provision was also established, and may be amended, by action of the City Council. Contribution rates for the Plan are established on an annual basis by the City Council. Eligible retirees and their covered City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2020 97 dependents receiving benefits contribute 100% of their premium costs for health insurance and 0% of the cost for the $1,000 term life insurance. Employees covered by benefit terms. As of September 30, 2020 (measurement date), the following employees were covered by the benefit terms: Inactive plan members or beneficiaries currently receiving benefits 610 Inactive plan members entitled to but not yet receiving benefits80 Active plan members 1,536 Total plan members 2,226 Total OPEB Liability. The City’s total OPEB liability of $25,787,424 was measured as of September 30, 2020 and was determined by an actuarial valuation as of January 1, 2020. Actuarial assumptions and other inputs. The total OPEB liability in the January 1, 2020 actuarial valuation was determined using the following actuarial assumptions and other inputs, applied to all periods included in the measurement, unless otherwise specified: Actuarial cost method Entry age normal Inflation 2.25% Discount rate 2.41% Healthcare cost trend rates Based on the Getzen Model, with trend starting at 6.25% and gradually decreasing to an ultimate trend rate of 3.99% The discount rate is based on Fidelity’s “20-Year Municipal GO AA Index” as of the most recent date available on or before the measurement date. Mortality rates are based on the RP-2000 Combined Healthy Participant Mortality Table for active members and the RP- 2000 Mortality Table for Annuitants for non-disabled inactive members, with mortality improvement projected to all future years from the year 2000 using Projection Scale BB. Rates for Special Risk Class members are a blend of 10% White Collar and 90% Blue Collar (male) and 100% White Collar (female). Rates applicable to members other than Special Risk are a blend of 50% White Collar and 50% Blue Collar (male) and 100% White Collar (female). All police (and other than Special Risk Class member) deaths and 90% of firefighters’ deaths before retirement are assumed to be non-service connected. Mortality rates for impaired (from disability) lives are based on the RP-2000 Disabled Retiree tables and Healthy White Collar tables for males and females. Rates for Special Risk Class members are a blend of 60% Disabled Retiree tables with setback four years (male) and set forward two years (female) and 40% Annuitant While Collar with no setback. Rates applicable to members other than Special Risk have been adjusted to be 100% Disabled Retiree with setback four years (male) and set forward two years (female). These are the same rates used for Regular Class and Special Risk Class members in the July 1, 2018 Actuarial Valuation of the Florida Retirement System. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2020 98 The changes in the total OPEB liability for the measurement year ending September 30, 2020 were as follows: Total OPEB Liability Balance at 9/30/2019 32,910,842$ Changes for the year: Service cost 2,282,038 Interest 953,389 Changes in benefit terms 28,595 Differences between expected and actual experience (4,646,689) Changes in assumptions and other inputs (4,692,393) Benefit payments (1,048,358) Net changes (7,123,418) Balance at 9/30/2020 25,787,424$ Changes in assumptions and other inputs reflect a change in the discount rate from 2.75% at the beginning of the measurement period to 2.41% at the end of the measurement period. Sensitivity of the total OPEB liability to changes in the discount rate. The following presents the City’s total OPEB liability calculated using a discount rate of 2.41%, as well as what the City’s total OPEB liability would be if it were calculated using a discount rate that is one percent lower or one percent higher. 1% Discount Rate 1% Decrease Assumption Increase 1.41% 2.41% 3.41% 28,398,096$ 25,787,424$ 23,415,878$ Sensitivity of the total OPEB liability to changes in the healthcare cost trend rates. The following presents the City’s total OPEB liability calculated using the current healthcare cost trend rate assumption based on the Getzen Model of 6.25% and gradually decreasing to an ultimate trend rate of 3.99%, as well as what the City’s total OPEB liability would be if it were calculated using a trend rate that is one percent lower or one percent higher. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2020 99 Current Healthcare 1% Cost Trend Rate 1% Decrease Assumption Increase 22,316,338$ 25,787,424$ 30,079,270$ OPEB expense and deferred outflows of resources and deferred inflows of resources related to OPEB. For the year ended September 30, 2020, the City recognized OPEB expense of $2,284,957. At September 30, 2020, the City reported deferred outflows of resources and deferred inflows of resources related to OPEB from the following sources: Deferred Outflows Deferred Inflows Net Deferred Inflows of Resources of Resources of Resources Differences between expected and actual experience -$ 3,920,644$ (3,920,644)$ Changes in assumptions and other inputs 2,713,984 4,490,472 (1,776,488) Total 2,713,984$ 8,411,116$ (5,697,132)$ Amounts reported as deferred outflows of resources and deferred inflows of resources related to OPEB will be recognized in OPEB expense as follows: Year ended September 30: 2021 (979,065)$ 2022 (979,065) 2023 (979,065) 2024 (846,250) 2025 (1,329,991) Thereafter (583,696) (5,697,132)$ IV.F. Securities lending transactions The City of Clearwater Employees’ Pension Plan participates in securities lending transactions, as authorized by the Pension Trustees on April 14, 2003, via a Securities Lending Authorization Agreement with Northern Trust Company, which is also the pension plan’s custodian. Securities are loaned versus collateral that may include cash, U.S government securities, and irrevocable letters of credit. U.S. government securities are loaned versus collateral at 102% of the market value of the securities plus any accrued interest. Non-U.S. securities are loaned versus collateral at 105% of the market value plus any accrued interest. The Plan’s investment policy places no restrictions on the amount of securities that can be loaned. Non-cash collateral cannot be pledged or sold unless the borrower defaults. All securities loans can be terminated on demand by either the lender or the borrower. The average term for the pension plan’s loans at September 30, 2020 was 70 days. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2020 100 Cash open collateral is invested in a short term investment pool, the Northern Trust Collective SL Core Short Term Investment Fund (CORECOLL). The fund had an average weighted maturity, lower of maturity date or interest reset date, of 29 days, and an average weighted maturity, maturity date, of 66 days, as of September 30, 2020. There were no significant violations of legal or contractual provisions, nor any borrower or lending agent default losses known to the securities lending agent. The Plan did not impose any restrictions on the amount of loans made by Northern Trust during fiscal year 2020. There are no dividends or coupon payments owing on the securities lent. Securities lending earnings are credited to participating clients on approximately the fifteenth day of the following month. Indemnification deals with the situation in which a client's securities are not returned due to the insolvency of a borrower and Northern Trust has failed to live up to its contractual responsibilities relating to the lending of those securities. Northern Trust’s responsibilities include performing appropriate borrower and collateral investment credit analyses, demanding adequate types and levels of collateral, and complying with applicable Department of Labor and Federal Financial Institutions Examination Council regulations concerning securities lending. The following is a summary of securities on loan and their collateral at fair value: Security Type Loaned Securities Cash Collateral Loaned Securities Cash Collateral U.S. Equity 75,203,177$ 76,974,655$ -$ -$ U.S. Corporate Fixed 12,077,163 12,364,462 - - U.S. Government Fixed 35,718,538 36,552,342 - - Global Equities 80,438 86,609 - - Total 123,079,316$ 125,978,068$ -$ -$ Securities Collateralized by Non- CashSecurities Collateralized by Cash On the statement of fiduciary net position, a securities lending asset of $125,978,068 was reported that represents the fair value of the investments made with cash collateral at September 30, 2020. In addition, a securities lending obligation of $125,978,068 was reported that represents the collateral that the City is required to maintain to cover the fair value of the loaned securities. IV.E. Contingencies and commitments Loan Guarantee – Chi Chi Rodriquez Youth Foundation, Inc. On March 30, 1992, the City Council approved a contingent loan guarantee of $1,000,000 on a $2,500,000 note for the Chi Chi Rodriquez Youth Foundation, Inc. The proceeds of the note were used to refinance existing foundation debt incurred to construct a golf course on a parcel of City-owned land. Subsequently, the note was refinanced with Variable Rate Demand Revenue Bonds (Chi Chi Rodriquez Youth Foundation Project), Series 1998, on August 1, 1998. In the event of default, the City is obligated to contribute $1,000,000 out of legally available non-ad valorem revenues. In addition, the City has the option to retire the entire unpaid balance and assume ownership and operation of the golf course facility. City management does not consider it probable that this guarantee will be called, and, accordingly, no amounts have yet been accrued or otherwise recorded in the accompanying financial statements to reflect this possibility. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2020 101 Pollution Remediation Claims Liabilities Pursuant to GASB Statement No. 49, Accounting and Financial Reporting for Pollution Remediation Obligations, the City is required to analyze known polluted sites to determine future component cost outlays, including estimation where required, for pollution remediation. At September 30, 2019, accruals totaled $462,338, consisting of $220,898 for the Harbor Drive Fill Area site, $6,309 for the Joe DiMaggio Sports Complex site, and $235,131 for assessment and remediation at the Gas Plant site (see the Soil and groundwater contamination site note below). During fiscal year 2020 there was an increase to estimates and contractual commitments in the amount of $48,153, and payments totaled $34,234. At September 30, 2020, accruals totaled $476,257, consisting of $206,079 for the Harbor Drive Fill Area site, $43,475 for the Joe DiMaggio Sports Complex site, and $226,703 for assessment and remediation at the Gas Plant site. In addition to the above sites for which accruals exist, the City has 13 other sites that have known contamination from petroleum products, metals, arsenic, chlorine or coal tar. Seven of these sites are on the State of Florida Petroleum Clean- up Program. When any of these seven sites will be scheduled for cleanup cannot be determined at this time. They are under monitoring plans or are awaiting responses from the FDEP on data submitted by the City. Any additional cleanup costs for these sites cannot be estimated at this time. On November 19, 2013, the FDEP approved the certification of closure construction completion of the former fill area at Philip Jones Field. However, this site remains on the list as it includes the Harbor Drive Fill Area. Based on groundwater sampling completed in February 2017, and site assessment previously completed for the site, the City believes that no further site assessment is warranted and is working with the FDEP to bring about site closure and develop of long-term monitoring requirements. Soil and groundwater contamination site The City is the owner of property located at 400 North Myrtle Avenue, Clearwater, Pinellas County, Florida ("Property"). The Property occupies approximately six acres and is currently used by the City Gas Division (“CGS”) as its administrative offices and operating facility. The City operated a manufactured gas plant at the Property from approximately 1929 to 1960. Following the discovery in June 1990 of soil and groundwater impacts at the Property allegedly resulting from the prior operation of the manufactured gas plant, the Florida Department of Environmental Protection ("FDEP") directed the City to implement measures to delineate the area and vertical extent of the impacts at the Property and, if necessary, implement appropriate remedial actions. Contamination assessment activities were initiated at the Property in 1995. On April 17, 1996, the City executed an Intergovernmental Agreement with FDEP, governing the scope of assessment and remediation work performed at the Property. The material terms and conditions of the Intergovernmental Agreement require the City to perform contamination assessment activities to delineate the area and vertical extent of soil and groundwater impacts and, if necessary, to remediate such impacts to the extent required by Florida law. Field activities to delineate the extent of impacts were performed from 1995 to 2003. The results of the final field work are presented in a Supplemental Assessment Report dated May 2003, in which the City's consultant concluded that field activities to delineate the extent of soil and groundwater impacts were complete and that a risk assessment should be undertaken to evaluate an appropriate remedy for the reported impacts. By letter dated April 19, 2004, FDEP directed the City to install two additional monitoring wells within the source area on site to delineate the vertical extent of groundwater impacts. The City and FDEP previously discussed the potential harm to the underlying aquifer that may result from the installation of monitoring wells through a source area and the underlying clay confining unit during a meeting with FDEP held on November 29, 2003. Based on the advice of its environmental consultant and other specialists consulted concerning this issue, the City has consistently maintained that the installation of the additional monitoring wells requested by FDEP will likely provide a pathway for the migration of impacts into the aquifer City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2020 102 underlying the clay confining unit that is otherwise not presently impacted by the former operations of the MGP based on existing perimeter monitoring well data. The City responded to the FDEP by letter dated April 29, 2004, requesting that FDEP advise the City whether the directive to install the additional vertical extent wells was deemed by FDEP to be final agency action that would otherwise be subject to review in an administrative proceeding. The City's April 29, 2004 response included a request for an extension of time to file an administrative proceeding in the event that FDEP deemed the April 19, 2004 FDEP communication to be final agency action. During fiscal 2005, the Myrtle Avenue Utility and Roadway Widening project began, requiring extensive dewatering during construction. Consulting, equipment, laboratory, permitting, and labor costs for dewatering in areas where there was suspected or known contamination from the former MGP plant were charged to the City of Clearwater Gas Division. All activities related to the Myrtle Avenue dewatering project were documented in the “Supplemental Site Assessment Report – North Myrtle Ave Roadway Corridor” dated March 2007. On January 17, 2008, FDEP issued a letter to the City stating FDEP was willing to replace the need for additional vertical delineation wells with periodic sampling of existing deep wells, as long as they remain unaffected by the contaminants of concern on the site. In May 2009, FDEP issued a status report on all Manufactured Gas Plant sites in Florida. The report referenced the January 17, 2008 letter and reaffirmed FDEP’s agreement to forego additional on-site vertical delineation if the City continued to monitor the perimeter wells on the facility. On June 22, 2009, the perimeter monitoring wells were tested, and the results were reported to FDEP. On February 3, 2010, FDEP issued a letter that formally accepted Clearwater Gas System’s Contamination Assessment Report (CAR) and required no further site assessment activities. Furthermore, the DEP required CGS to re-sample all monitoring wells on the site within 60 days of the February 3, 2010 letter. In May 2010, CGS issued a Request for Proposal (RFP) to prepare a Feasibility Study, for DEP approval, that would offer a long-term corrective action plan for the gas plant site. Arcadis, Inc. was selected to conduct the Feasibility Study; however, two months into the project the City’s environmental legal counsel recommended an alternate method of site remediation. They proposed that the City work with the University of Waterloo (Canada) to treat the contaminated soils with sodium persulfate, a chemical oxidant, which would stop the off-site groundwater impacts that were experienced on the Pinellas County Health Department site. Chemical oxidation is accepted as a very effective method of dealing with Manufactured Gas Plant residuals. This project was approved by the City Council in January 2011, and was scheduled to last approximately 6 years at an estimated cost of $600,000. In May 2017 it was determined that the University of Waterloo project was not working as originally projected. The sodium persulfate was not oxidizing the source material enough to grant site closure. Therefore, it was determined to abandon the project and look at other remedies for the site. The City’s environmental legal counsel proposed to convert the site to a Brownfield site in order to obtain full site closure. This would be done in conjunction with the site redevelopment of all CGS buildings at 400 North Myrtle Avenue. On December 7, 2018, City Council approved a Brownfield Site Rehabilitation Agreement (BSRA) with the FDEP. Under this agreement, no further active remediation will be required, and the site will be closed with a restrictive covenant to include an impervious cap to address remaining soil contamination at the site and prohibit the withdrawal of groundwater for any purpose within the site property. The groundwater use restriction will also be required to be imposed on the adjacent Pinellas County Health Department property. A Site Environmental Management Plan (“SEMP”) was subsequently created to provide guidance to contractors performing work at the site for encountering, handling and managing contaminated soils. In addition, a Remedial Action Plan (“RAP”) was administered in March 2018, which includes the SEMP, and Engineering Control Maintenance Plan and a Declaration of Restrictive Covenant (“DRC”) that will be required by the FDEP to obtain final site closure. Once the CGS redevelopment project is complete, the City will request final site closure. Benefits of closing the site under the Brownfield Program include liability projections to the City as set forth in F.S. Section 376.82(2)(a) and the opportunity for the City to obtain voluntary cleanup tax credits (“VCTC”) for the cost of constructing the City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2020 103 impervious cap and completion of site closure activities. For eligible costs recovered by the City through VCTC’s, the City will be able to then sell the VCTC’s on the market. Such sales typically net 80-90% recovery for municipalities taking similar actions. As of September 30, 2020, the City has been awarded $522,383 in tax credits for fiscal years 2017-2019, and a tax credit of $467,135 is pending award for fiscal year 2020. The City has pursued insurance claims under certain insurance policies covering the Property for the period from June 1961 through July 1986. On September 17, 2001, the City agreed to reduce its claim against Southern American Insurance Company ("SAIC"), the sole remaining excess carrier with the City, at an undiscounted value of $300,000. In December 2007, the liquidator managing the SAIC liquidation made an initial payment to the City in the amount of $96,000. In September 2008, a second distribution payment of $174,000 was issued to the City. Finally, in December 2009, the City received a payment of $30,000 for a total collection amount of $300,000. In total, the City has recovered $787,500 on all outstanding insurance claims. From 1993 through September 30, 2020, the City has spent $1,675,459 on MGP assessment activities, which includes both environmental consultant and legal fees. Contractual Commitment – Water and Sewer Utility Under the terms of a 30-year contract between the City and Pinellas County, which is effective through September 30, 2035, the maximum amount of water available to the City is 15 million gallons per day on an annual average basis with no minimum quantity purchase requirement. Effective October 1, 2019, the rate, which is set by the Pinellas County Board of County Commissioners (BOCC), was $4.1742 per 1,000 gallons. The rate effective October 1, 2020 is $4.2159 per 1,000 gallons. The cost of water purchased from the County during fiscal years 2019 and 2020 was $6,384,534 and $6,438,666 respectively. Grant Revenues During the current fiscal year and prior fiscal years, the City received revenues and contributions related to grants from the State of Florida, the federal government, and other grantors. These grants are for specific purposes and are subject to review and audit by the grantor agencies. Such audits could result in requests for reimbursement for expenditures disallowed under the terms of the grants. Based upon prior experience, City management believes such disallowances, if any, will not be significant. Encumbrances Encumbrance accounting is used in governmental funds to ensure effective budgetary control and accountability and to facilitate effective cash planning and control. At September 30, 2020, encumbrances expected to be honored upon performance by the vendor in the coming year were: General fund 337,919$ Capital Improvement fund 10,969,968 Nonmajor governmental funds 1,726,530 13,034,417$ Tax Abatements In accordance with Chapter 29, Article VII of the Clearwater Code of Ordinances, Article VII, Section 3 of the Constitution of the State of Florida, and Section 196-1995, Florida Statutes, the City Council may grant Economic Development Ad Valorem Tax Exemptions of up to 75 percent of the assessed value of the qualifying property for up to ten years to new businesses and expansions of existing businesses which create employment opportunities that will benefit the entire community. For the fiscal year ending September 30, 2020, the City abated real and tangible personal property taxes totaling $151,850 under this program, consisting of the following agreements: City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2020 104 A Business Maintenance and Continued Performance Agreement with Skye Lane Properties, LLC dated January 14, 2014, for the relocation of 54 jobs from St. Petersburg, the creation of 11 new jobs, and the investment of $6.1 million in the expansion of the property, including the renovation of the facility, construction of a tri-level parking deck, and the purchase of new furniture, fixtures and equipment. This agreement, which commenced in fiscal 2016, grants an exemption of ad valorem taxes of 75 percent for the first five years and 50 percent for the next five years. In the event of default, Skye Lane Properties, LLC will be subject to the taxes exempted plus annual interest at the maximum rate allowed by law. Tax abatements since inception total $59,852. A Business Maintenance and Continued Performance Agreement with Instrument Transformers, Inc. dated March 10, 2014 and amended February 11, 2016, for the creation of 143 new jobs and the investment of $49 million in the expansion of the Clearwater facility, including the purchase or lease of new equipment. This agreement, which commenced in fiscal 2017, grants an exemption of ad valorem taxes of 75 percent for ten years. In the event of default, Instrument Transformers, Inc. will be subject to the taxes exempted plus annual interest at the maximum rate allowed by law. Tax abatements since inception total $450,269. IV.F. Pending litigation In the normal course of operations, the City is a defendant in various legal actions, the ultimate resolution of which is not expected to have a material effect on the financial statements, other than for amounts that have been reserved and recorded as liabilities in the Central Insurance Fund. IV.G. Conduit debt The City has one issue of conduit debt outstanding as follows: Original Amount Amount Issue Outstanding Outstanding Description / Purpose Amount at 9/30/19 at 9/30/20 Drew Gardens Refunding Bonds / residential rental facility 3,425,000$ 1,375,000$ 1,205,000$ The City issued Mortgage Revenue Refunding Bonds, Series 1992A (FHA Insured Mortgage Loan – Drew Gardens Project), dated August 1, 1992, in the amount of $3,425,000, to provide a portion of the money required to refund a prior issue of the bonds of the Issuer that were issued to provide money to make a mortgage loan insured by the Federal Housing Administration pursuant to Section 221(d)(4) of the National Housing Act of 1934, as amended, to pay the cost of acquiring, constructing, improving and equipping a 180-unit multifamily residential rental housing facility owned by Drew Gardens Associates, Ltd., a Florida limited partnership, and to pay certain costs of the refunding. The bonds are payable solely from and secured by a lien upon and a pledge of the pledged revenues, consisting mainly of the bond proceeds. No additional commitments were extended by the City. At September 30, 2020, the bonds have an aggregate outstanding principal amount payable of $1,205,000. The bonds do not constitute a debt, liability, or obligation of the City of Clearwater, the State of Florida, or any political subdivision thereof and, accordingly, have not been reported in the accompanying financial statements. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2020 105 IV.H. Deepwater Horizon Oil Spill Following the Deepwater Horizon Oil Spill of April 2010, the City incurred reduced revenues that were determined to be directly or indirectly attributed to the oil spill. On July 13, 2015, the City adopted Resolution 15-18 and accepted a full and final settlement of all claims against BP Exploration and Production, Inc. and others in the amount of $6,480,352, net of $1,658,687 attorney’s fees. $80,352 was returned to General Fund reserves in fiscal 2019, and the remaining $6,400,000 of the proceeds have been identified as a funding source for the Crest Lake Park Improvements project, which is accounted for in the Capital Improvement Fund. As of September 30, 2020, $3,168,463 of the proceeds were expended on this project. IV.I. Prior Period Adjustment During the current year it was determined that mortgage loans receivable reported in the Special Programs Fund, the SHIP Local Housing Assistance Trust Fund and the Pinellas County Local Housing Assistance Trust Funds (nonmajor governmental funds) should be offset by deferred inflows of resources, rather than fund balance. This adjustment was applied to mortgage loans receivable as of October 1, 2019, and recorded as a prior period adjustment as follows: Deferred Inflows of Fund Resources Balance Balances, as previously reported: Special Programs Fund -$ 14,189,309$ SHIP Local Housing Assistance Trust Fund - 2,824,562 Pinellas County Local Housing Assistance Trust Fund - 402,468 - 17,416,339 Prior period adjustments: Special Programs Fund 2,318,845 (2,318,845) SHIP Local Housing Assistance Trust Fund 2,056,705 (2,056,705) Pinellas County Local Housing Assistance Trust Fund 163,635 (163,635) 4,539,185 (4,539,185) Balances, as restated: Special Programs Fund 2,318,845 11,870,464 SHIP Local Housing Assistance Trust Fund 2,056,705 767,857 Pinellas County Local Housing Assistance Trust Fund 163,635 238,833 4,539,185$ 12,877,154$ 2020 2019 2018 2017 2016 2015 2014 Total Pension Liability Service Cost $ 16,934,015 $ 15,240,018 $ 15,065,668 14,770,113 $ 15,173,452 $ 14,585,979 $ 14,670,375 Interest on the Total Pension Liability 66,061,748 65,042,520 62,567,359 61,050,474 58,870,815 56,983,247 55,622,257 Benefit Changes 6,428,217 - - - - - - Difference between Expected and Actual Experience 5,473,272 (6,533,554) 6,780,611 (8,071,653) 6,832,090 (3,532,969) (11,230,163) Assumption Changes 11,877,993 25,495,302 - 381,755 (4,748,597) - - Benefit Payments (50,966,931) (49,687,426) (46,860,103) (44,490,793) (42,069,828) (39,276,003) (37,118,458) Refunds (1,177,456) (1,017,365) (892,181) (1,366,008) (1,060,187) (1,000,827) (1,675,419) Net Change in Total Pension Liability 54,630,858 48,539,495 36,661,354 22,273,888 32,997,745 27,759,427 20,268,592 Total Pension Liability - Beginning 987,830,735 939,291,240 902,629,886 880,355,998 847,358,253 819,598,826 799,330,234 Total Pension Liability - Ending (a)$ 1,042,461,593 $ 987,830,735 $ 939,291,240 902,629,886 $ 880,355,998 $ 847,358,253 $ 819,598,826 Plan Fiduciary Net Position Contributions - Employer $ 10,364,100 $ 10,901,645 $ 10,650,462 11,898,912 $ 13,178,874 $ 14,923,098 $ 18,860,463 Contributions - Non-Employer Contributing Entity 12,000 12,000 12,000 12,000 12,000 12,000 12,000 Contributions - Employee 7,925,645 7,326,649 7,127,965 7,004,943 6,706,567 6,483,666 7,073,440 Net Investment Income 102,588,458 53,143,676 93,775,837 102,284,783 88,501,532 (4,165,092) 82,832,149 Benefit Payments (50,966,931) (49,687,426) (46,860,103) (44,490,793) (42,069,828) (39,276,003) (37,118,458) Refunds (1,177,456) (1,017,365) (892,181) (1,366,008) (1,060,187) (1,000,827) (1,675,419) Administrative Expense (288,079) (335,282) (343,115) (295,301) (297,984) (297,942) (175,212) Net Change in Plan Fiduciary Net Position 68,457,737 20,343,897 63,470,865 75,048,536 64,970,974 (23,321,100) 69,808,963 Plan Fiduciary Net Position - Beginning 1,064,103,121 1,043,759,224 980,288,359 905,239,823 840,268,849 863,589,949 793,780,986 Plan Fiduciary Net Position - Ending (b)$ 1,132,560,858 $ 1,064,103,121 $ 1,043,759,224 980,288,359 $ 905,239,823 $ 840,268,849 $ 863,589,949 Net Pension Liability/(Asset) - Beginning $ (76,272,386) $ (104,467,984) $ (77,658,473) (24,883,825) $ 7,089,404 $ (43,991,123) $ 5,549,248 Net Pension Liability/(Asset) - Ending (a) - (b)$ (90,099,265) $ (76,272,386) $ (104,467,984) (77,658,473) $ (24,883,825) $ 7,089,404 $ (43,991,123) Plan Fiduciary Net Position as a Percentage of Total Pension Liability/(Asset)108.64% 107.72% 111.12% 108.60% 102.83% 99.16% 105.37% Covered Payroll $ 89,845,375 $ 82,998,580 $ 80,852,451 79,558,524 $ 76,942,048 $ 74,021,494 $ 75,629,669 Net Pension Liability/(Asset) as a Percentage of Covered Payroll -100.28% -91.90% -129.21% -97.61% -32.34% 9.58% -58.17% Notes to Schedule: Data unavailable prior to 2014. Schedule of Changes in Net Pension Liability and Related Ratios Page 1 of 6 City of Clearwater, Florida Defined Benefit Pension Plans Required Supplementary Information Employees' Pension Plan 106 2020 2019 2018 2017 2016 2015 2014 Total Pension Liability Interest on the Total Pension Liability $ 52,304 $ 72,699 $ 84,902 90,635 $ 99,691 $ 100,650 $ 92,956 Difference between Expected and Actual Experience 80,335 (141,190) (205,912) 76,981 (296,507) 114,258 (426,528) Assumption Changes (55,554) - - - 208,676 201,922 - Benefit Payments (262,649) (285,762) (332,638) (365,154) (423,458) (442,775) (525,760) Other - - - - - - 143,654 Net Change in Total Pension Liability (185,564) (354,253) (453,648) (197,538) (411,598) (25,945) (715,678) Total Pension Liability - Beginning 2,354,798 2,709,051 3,162,699 3,360,237 3,771,835 3,797,780 4,513,458 Total Pension Liability - Ending (a)$ 2,169,234 $ 2,354,798 $ 2,709,051 3,162,699 $ 3,360,237 $ 3,771,835 $ 3,797,780 Plan Fiduciary Net Position Net Investment Income 147,975 319,636 59,255 (149,322) 171,674 199,776 169,627 Benefit Payments (262,649) (285,762) (332,638) (365,154) (423,458) (442,775) (525,760) Administrative Expense (2,500) (2,500) (2,500) (3,500) (2,758) (2,005) (5,808) Net Change in Plan Fiduciary Net Position (117,174) 31,374 (275,883) (517,976) (254,542) (245,004) (361,941) Plan Fiduciary Net Position - Beginning 3,598,272 3,566,898 3,842,781 4,360,757 4,615,299 4,860,303 5,222,244 Plan Fiduciary Net Position - Ending (b)$ 3,481,098 $ 3,598,272 $ 3,566,898 3,842,781 $ 4,360,757 $ 4,615,299 $ 4,860,303 Net Pension Liability/(Asset) - Beginning $ (1,243,474) $ (857,847) $ (680,082) (1,000,520) $ (843,464) $ (1,062,523) $ (495,433) Net Pension Liability/(Asset) - Ending (a) - (b)$ (1,311,864) $ (1,243,474) $ (857,847) (680,082) $ (1,000,520) $ (843,464) $ (1,062,523) Plan Fiduciary Net Position as a Percentage of Total Pension Liability/(Asset)160.48% 152.81% 131.67% 121.50% 129.78% 122.36% 127.98% Covered Payroll N/A N/A N/A N/A N/A N/A N/A Net Pension Liability/(Asset) as a Percentage of Covered Payroll N/A N/A N/A N/A N/A N/A N/A Notes to Schedule: Data unavailable prior to 2014. Schedule of Changes in Net Pension Liability and Related Ratios Page 2 of 6 City of Clearwater, Florida Defined Benefit Pension Plans Required Supplementary Information Firefighters' Relief and Pension Plan 107 Actuarially Contribution Actual Contribution FY Ending Determined Actual Deficiency Covered as a % of September 30 Contribution Contribution (Excess) Payroll Covered Payroll 2014 19,608,078$ 18,872,463$ 1 735,615$ 75,629,669$ 24.95% 2015 10,803,098$ 14,935,098$ (4,132,000)$ 74,021,494$ 2 20.18% 2016 8,767,703$ 13,190,874$ (4,423,171)$ 76,942,048$ 17.14% 2017 8,944,103$ 11,910,912$ (2,966,809)$ 79,558,524$ 14.97% 2018 8,659,427$ 10,662,462$ (2,003,035)$ 80,852,451$ 13.19% 2019 8,813,297$ 10,913,645$ (2,100,348)$ 82,998,580$ 13.15% 2020 9,720,956$ 10,376,100$ (655,144)$ 89,845,375$ 11.55% Valuation Date:January 1, 2019 Notes: Methods and Assumptions Used to Determine Contribution Rates: Actuarial Cost Method Entry Age Normal Amortization Method Level Dollar, Closed Remaining Amortization Period 25 years (longest remaining period); 9 years (single equivalent period) Asset Valuation Method 5-year smoothed market; 20% corridor Inflation 2.25% Salary Increases 2.75% to 7.60% depending on service; including inflation Investment Rate of Return 6.75% Retirement Age Mortality Other Information: Notes Data unavailable prior to 2014. Hazardous Duty Employees: RP-2000 Mortality Table for Annuitants, with mortality improvements projected to all future years after 2000 using Scale BB. For males, the base mortality rates include a 90% blue collar adjustment and a 10% white collar adjustment. For females, the base mortality rates include a 100% white collar adjustment. These are the same rates used for Special Risk Class members of the Florida Retirement System (FRS) in the July 1, 2018 valuation, as mandated by Chapter 112.63, Florida Statutes. Effective with the January 1, 2019 valuation, the assumed investment return assumption was reduced from 7.00% to 6.75%, and the assumed rates of salary increase, retirement, withdrawal, and disability were revised, based on the Experience Investigation for the Five Years Ended December 31, 2017, dated December 6, 2018. Schedule of Contributions Employees' Pension Plan 1 A portion of the plan's credit balance was applied to meet the remainder of the actuarially determined contribution for the fiscal year ending September 30, 2014. Notes to Schedule of Contributions Actuarially determined contributions are calculated as of January 1, which is nine months prior to the beginning of the fiscal year in which contributions are reported. Nonhazardous Duty Employees: RP-2000 Mortality Table for Annuitants, with mortality improvements projected to all future years after 2000 using Scale BB. For males, the base mortality rates include a 50% blue collar adjustment and a 50% white collar adjustment. For females, the base mortality rates include a 100% white collar adjustment. These are the same rates used for Regular Class members of the Florida Retirement System (FRS) in the July 1, 2018 valuation, as mandated by Chapter 112.63, Florida Statutes. Page 3 of 6 City of Clearwater, Florida Defined Benefit Pension Plans Required Supplementary Information Experience-based table of rates that are specific to the employment classification and type of eligibility condition. 2 The definition of Covered Payroll for GASB Statement Nos. 67 and 68 was changed under GASB Statement No. 82 to be the pensionable earnings for members of the Plan. As a result, the Covered Payroll amount previously reported for fiscal year 2015 has been revised to reflect this change. 108 Page 4 of 6 Effective with the fiscal year ended September 30, 2007, the Firefighters' Relief and Pension Plan, with no remaining active members (only retirees), was fully funded per the requirements of the governing Ordinance. The City may elect to contribute should future valuations show an actuarial need for such. Schedule of Contributions Firefighters' Relief and Pension Plan Notes to Schedule of Contributions City of Clearwater, Florida Defined Benefit Pension Plans Required Supplementary Information There have been no employer contributions for the last ten fiscal years. 109 2020 2019 2018 2017 2016 2015 2014 Annual money-weighted rate of return, net of investment expense 9.73% 5.11% 9.69% 11.28% 10.63% -0.03% 10.90% Note: Data unavailable prior to 2014. Page 5 of 6 Schedule of Investment Returns Employees' Pension Plan City of Clearwater, Florida Defined Benefit Pension Plans Required Supplementary Information 110 2020 2019 2018 2017 2016 2015 2014 Annual money-weighted rate of return, net of investment expense 5.06% 6.52% 1.82% 4.68% 4.554% 4.315% 3.902% Note: Data unavailable prior to 2014. Page 6 of 6 Schedule of Investment Returns Firefighters' Relief and Pension Plan City of Clearwater, Florida Defined Benefit Pension Plans Required Supplementary Information 111 2020 2019 2018 Total OPEB Liability Service cost $ 2,282,038 $ 1,677,787 $ 1,731,394 Interest 953,389 1,086,906 974,551 Changes of benefit terms 28,595 - - Difference between expected and actual experience (4,646,689) - - Changes of assumptions and other inputs (4,692,393) 4,006,356 (1,029,325) Benefit payments (1,048,358) (1,122,335) (1,054,805) Net Change in Total OPEB Liability (7,123,418) 5,648,714 621,815 Total OPEB Liability - Beginning 32,910,842 27,262,128 26,640,313 Total OPEB Liability - Ending $ 25,787,424 $ 32,910,842 $ 27,262,128 Estimated covered-employee payroll $ 99,272,204 $ 95,520,530 $ 92,964,945 Total OPEB liability as a percentage of covered-employee payroll 25.98% 34.45% 29.33% Valuation Date: January 1, 2020 Measurement Date: September 30, 2020 Roll Forward Procedures: Methods and Assumptions Used to Determine Total OPEB Liability: Actuarial Cost Method Entry Age Normal Inflation 2.25% Discount Rate 2.41% Retirement Age Mortality Healthcare Cost Trend Rates Aging Factors Expenses Other Information: Data unavailable prior to 2018. Retirement rates used in the January 1, 2020 actuarial valuation of the City's pension plan. Mortality tables used for Regular and Special Risk Class members in the July 1, 2018 actuarial valuation of the Florida Retirement System, based on the results of a statewide experience study covering the period 2008 through 2013. Page 1 of 1 City of Clearwater, Florida Other Post-Employment Benefits Required Supplementary Information Notes to Schedule: The Total OPEB Liability was rolled forward 9 months from the Valuation Date to the Measurement Date using standard actuarial techniques. Changes in assumptions and other inputs include the change in the discount rate from 2.75% to 2.41%; the change in the healthcare cost trend assumption to reflect the decrease of assumed ultimate rate of inflation from 2.50% to 2.25% and the removal of the additional trend to model the excise ("Cadillac") tax; and the change in demographic assumptions affecting rates of disability, rates of withdrawal and rates of retirement following and experience study of the City of Clearwater Employees' Pension Plan. Benefit changes reflect the passing of Florida Senate Bill 426, which provides benefits for eligible firefighters diagnosed with specific cancers. Based on the Getzen Model, with trend starting at 6.25% and gradually decreasing to an ultimate trend rate of 3.99%. Based on the 2013 SOA Study "Health Care Costs - From Birth to Death". Administrative expenses are included in the per capita health costs. 112 113 Nonmajor Governmental Funds Special Revenue Funds Special revenue funds are used to account for specific revenues that are legally restricted to expenditures for particular purposes. Special Programs Fund – to account for grants and contributions, the use of which is restricted for certain programs. Community Redevelopment Agency Fund – to account for receipt, custody, and expenditure of property tax increment funds associated with related redevelopment projects. Local Housing Assistance SHIP Trust Fund – to account for monies allocated to the City under the State Local Housing Assistance SHIP grant program. Pinellas County Local Housing Assistance Trust Fund – to account for monies allocated to the City under the Pinellas County Local Housing Assistance grant program. 114 Debt Service Funds Debt service funds provide separate accounting records for all debt interest, principal, and reserve requirements for general government long-term. Debt of proprietary funds is serviced through restricted accounts maintained within the individual enterprise or internal service fund associated with the debt. Notes and Mortgages Debt Service Fund - to account for the advance monthly accumulation of resources by transfer of General Revenues from the General and Special Revenue Funds and the payment of currently maturing installments of principal and interest on the various note and mortgage obligations of the governmental funds during each fiscal year. Spring Training Facility Revenue Bonds Debt Service Fund – to account for the advance monthly accumulation of resources received from the State of Florida and Pinellas County, and the payment of currently maturing installments of principal and interest each year. 115 Capital Projects Funds Capital projects funds are used to account for resources to be used for the acquisition or construction of major capital improvement projects, other than those financed by proprietary funds. A major capital improvement project is a property acquisition, a major construction undertaking, or a major improvement to an existing facility or property, with a cost greater than $25,000 and a minimum useful life of at least five years. Community Redevelopment Agency Capital Projects Fund – to provide separate accounting records for the acquisition or construction of capital improvement projects for the Clearwater Community Redevelopment Agency. SHIP Pinellas County Community Local Housing Local Housing Special Redevelopment Assistance Assistance Programs Agency Trust Trust Total ASSETS Cash and investments $ 14,101,663 $ 498,394 $ 610,731 $ 184,125 $ 15,394,913 Receivables: Accrued interest 12,924 7,679 451 165 21,219 Mortgage notes 2,217,294 - 2,168,997 176,902 4,563,193 Other 1,300 - - - 1,300 Due from other governments - grants 124,692 - - - 124,692 Due from other governments - other 104,126 - - - 104,126 Prepaid items - - - - - Advances to other funds 325,440 - - - 325,440 Total assets $ 16,887,439 $ 506,073 $ 2,780,179 $ 361,192 $ 20,534,883 LIABILITIES Accounts and contracts payable $ 152,415 $ 990 $ 305,027 $ - $ 458,432 Accrued payroll 83,065 - - - 83,065 Due to other governments - 48,000 - - 48,000 Unearned revenue 20,207 - - - 20,207 Advances from other funds - 325,440 - - 325,440 Total liabilities 255,687 374,430 305,027 - 935,144 DEFERRED INFLOWS OF RESOURCES Deferred inflows - mortgage notes 2,217,294 - 2,168,997 176,902 4,563,193 Total deferred inflows 2,217,294 - 2,168,997 176,902 4,563,193 FUND BALANCES Nonspendable - - - - - Restricted 10,130,217 131,643 306,155 184,290 10,752,305 Committed 2,343,144 - - - 2,343,144 Assigned 1,941,097 - - - 1,941,097 Total fund balances 14,414,458 131,643 306,155 184,290 15,036,546 Total liabilities, deferred inflows and fund balances $ 16,887,439 $ 506,073 $ 2,780,179 $ 361,192 $ 20,534,883 The notes to the financial statements are an integral part of this statement. Special Revenue Funds City of Clearwater, Florida Combining Balance Sheet Nonmajor Governmental Funds September 30, 2020 116 Capital Spring Project Training Fund Total Notes Facility Community Nonmajor and Revenue Redevelopment Governmental Mortgages Bonds Total Agency Funds $- $ 775,125 $ 775,125 $ 7,835,916 $ 24,005,954 - 640 640 - 21,859 - - - - 4,563,193 - - - - 1,300 - - - - 124,692 - - - - 104,126 192,288 - 192,288 - 192,288 - - - - 325,440 $ 192,288 $ 775,765 $ 968,053 $ 7,835,916 $ 29,338,852 $- $ - $ - $ 10,635 $ 469,067 - - - 3,109 86,174 - - - - 48,000 - - - - 20,207 - - - - 325,440 - - - 13,744 948,888 - - - - 4,563,193 - - - - 4,563,193 192,288 - 192,288 - 192,288 - 775,765 775,765 7,822,172 19,350,242 - - - - 2,343,144 - - - - 1,941,097 192,288 775,765 968,053 7,822,172 23,826,771 $ 192,288 $ 775,765 $ 968,053 $ 7,835,916 $ 29,338,852 Debt Service Funds 117 SHIP Pinellas County Community Local Housing Local Housing Special Redevelopment Assistance Assistance Programs Agency Trust Trust Total REVENUES Intergovernmental: Federal $ 697,777 $ - $ 375,682 $ - $ 1,073,459 State 225,485 - 202,776 - 428,261 Local 421,452 2,093,726 - - 2,515,178 Charges for services 1,226,088 - - - 1,226,088 Fines and forfeitures 842,303 - - - 842,303 Investment earnings (loss): Interest 202,832 124,495 13,270 5,156 345,753 Net appreciation (depreciation) in fair value 45,489 33,872 2,761 945 83,067 Total investment earnings (loss) 248,321 158,367 16,031 6,101 428,820 Miscellaneous 794,837 73,512 350 - 868,699 Total revenues 4,456,263 2,325,605 594,839 6,101 7,382,808 EXPENDITURES Current: General government 147,339 - - - 147,339 Public safety 2,428,352 - - - 2,428,352 Physical environment 25,493 - - - 25,493 Economic environment 1,592,684 468,717 1,022,130 59,658 3,143,189 Human services 419,909 - - - 419,909 Culture and recreation 926,760 - - - 926,760 Debt service: Principal - - - - - Interest & fiscal charges - - - - - Capital outlay 82,908 - - - 82,908 Total expenditures 5,623,445 468,717 1,022,130 59,658 7,173,950 Excess (deficiency) of revenues over (under) expenditures (1,167,182) 1,856,888 (427,291) (53,557) 208,858 OTHER FINANCING SOURCES (USES) Transfers in 4,102,697 1,988,861 - - 6,091,558 Transfers out (391,521) (3,714,106) (34,411) (986) (4,141,024) Total other financing sources (uses) 3,711,176 (1,725,245) (34,411) (986) 1,950,534 Net change in fund balances 2,543,994 131,643 (461,702) (54,543) 2,159,392 Fund balances - beginning (as previously reported) 14,189,309 - 2,824,562 402,468 17,416,339 Prior period adjustment (See Note IV.I.) (2,318,845) - (2,056,705) (163,635) (4,539,185) Fund balances - beginning (restated) 11,870,464 - 767,857 238,833 12,877,154 Fund balances - ending $ 14,414,458 $ 131,643 $ 306,155 $ 184,290 $ 15,036,546 The notes to the financial statements are an integral part of this statement. Special Revenue Funds City of Clearwater, Florida Combining Statement of Revenues, Expenditures, and Changes in Fund Balances Nonmajor Governmental Funds For the Year Ended September 30, 2020 118 Spring Training Fund Total Notes Facility Community Nonmajor and Revenue Redevelopment Governmental Mortgages Bonds Total Agency Funds $- $ - $ - $ - $ 1,073,459 - 500,004 500,004 - 928,265 - 587,650 587,650 - 3,102,828 - - - - 1,226,088 - - - - 842,303 - 10,679 10,679 - 356,432 - 2,929 2,929 - 85,996 - 13,608 13,608 - 442,428 - - - - 868,699 - 1,101,262 1,101,262 - 8,484,070 - - - - 147,339 - - - - 2,428,352 - - - - 25,493 - - - 1,179,250 4,322,439 - - - - 419,909 - - - - 926,760 702,820 805,000 1,507,820 - 1,507,820 46,401 261,069 307,470 - 307,470 - - - 1,993,657 2,076,565 749,221 1,066,069 1,815,290 3,172,907 12,162,147 (749,221) 35,193 (714,028) (3,172,907) (3,678,077) 941,509 - 941,509 3,289,173 10,322,240 - - - (186,291) (4,327,315) 941,509 - 941,509 3,102,882 5,994,925 192,288 35,193 227,481 (70,025) 2,316,848 - 740,572 740,572 7,892,197 26,049,108 - - - - (4,539,185) - 740,572 740,572 7,892,197 21,509,923 $ 192,288 $ 775,765 $ 968,053 $ 7,822,172 $ 23,826,771 Capital Debt Service Funds Project 119 120 This Page Intentionally Left Blank Variance with Final Budget Actual Positive Original Final Amounts (Negative) REVENUES Intergovernmental - Local $ 1,944,168 $ 2,093,726 $ 2,093,726 $ - Investment earnings (loss): Interest 50,000 78,485 124,495 46,010 Net appreciation (depreciation) in fair value - - 33,872 33,872 Total investment earnings (loss) 50,000 78,485 158,367 79,882 Miscellaneous 73,512 73,512 73,512 - Total revenues 2,067,680 2,245,723 2,325,605 79,882 EXPENDITURES Current - Economic environment 675,083 693,663 468,717 224,946 Total expenditures 675,083 693,663 468,717 224,946 Excess (deficiency) of revenues over (under) expenditures 1,392,597 1,552,060 1,856,888 304,828 OTHER FINANCING SOURCES (USES) Transfers in 1,841,094 1,988,861 1,988,861 - Transfers out (3,233,691) (3,540,921) (3,714,106) (173,185) Total other financing sources (uses) (1,392,597) (1,552,060) (1,725,245) (173,185) Excess (deficiency) of revenues and other sources over (under) expenditures and other uses - - 131,643 131,643 Fund balances - beginning - - - - Fund balances - ending $ - $ - $ 131,643 $ 131,643 The notes to the financial statements are an integral part of this statement. For the Year Ended September 30, 2020 Budgeted Amounts City of Clearwater, Florida Schedule of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual (GAAP Basis) Community Redevelopment Agency 121 122 This Page Intentionally Left Blank 123 Nonmajor Enterprise Funds Enterprise funds are used to account for the financing, acquisition, operation, and maintenance of governmental facilities that are supported primarily by user charges. Marine Operations Fund - to account for the financing, operation, and maintenance of the City’s marine operations (excluding the downtown boat slips) and associated real property from rents collected from users. Aviation Operations Fund - to account for the financing, operation, and maintenance of the City’s airpark operations from rents collected from users. Parking System Fund - to account for the financing, construction, operation and maintenance of the City's parking system, including on- and off-street parking on Clearwater Beach and Downtown Clearwater, from parking charges. Clearwater Harbor Marina Fund - to account for the financing, operation, and maintenance of the City’s downtown boat slips from boat slip rentals. Marine Aviation Parking Clearwater Operations Operations System Harbor Marina Total ASSETS Current assets: Cash and investments $ 4,410,266 $ 1,025,731 $ 19,793,024 $ 2,394,603 $ 27,623,624 Accrued interest receivable 3,831 916 17,529 2,145 24,421 Due from other governments - 21,511 - - 21,511 Inventories, at cost 40,550 - - - 40,550 Prepaid expenses and other assets - - 1,042 - 1,042 Total current assets 4,454,647 1,048,158 19,811,595 2,396,748 27,711,148 Noncurrent assets: Net pension asset 522,576 36,040 1,054,161 99,109 1,711,886 Capital assets: Land and other nondepreciable assets 670,086 1,472,216 874,656 - 3,016,958 Capital assets, net of accumulated depreciation 349,352 3,157,551 12,845,251 9,802,454 26,154,608 Total noncurrent assets 1,542,014 4,665,807 14,774,068 9,901,563 30,883,452 Total assets 5,996,661 5,713,965 34,585,663 12,298,311 58,594,600 DEFERRED OUTFLOWS OF RESOURCES Deferred outflows - pension 178,193 12,289 359,458 33,795 583,735 Deferred outflows - other postemployment benefits 27,927 2,361 67,388 9,608 107,284 Total deferred outflows of resources 206,120 14,650 426,846 43,403 691,019 LIABILITIES Current liabilities: Accounts and contracts payable 89,807 27,703 199,189 7,889 324,588 Accrued payroll 40,081 6,947 85,022 17,286 149,336 Deposits 37,894 - 5,798 40,078 83,770 Current portion of long-term liabilities: Compensated absences 31,753 2,860 35,115 2,262 71,990 Capital lease purchases payable - - 4,198 - 4,198 Total current liabilities 199,535 37,510 329,322 67,515 633,882 Noncurrent liabilities: Compensated absences 37,213 3,352 41,154 2,652 84,371 Other postemployment benefits 265,353 22,435 640,302 91,287 1,019,377 Capital lease purchases payable - - 3,204 - 3,204 Total noncurrent liabilities 302,566 25,787 684,660 93,939 1,106,952 Total liabilities 502,101 63,297 1,013,982 161,454 1,740,834 DEFERRED INFLOWS OF RESOURCES Deferred inflows - pension 231,151 15,941 466,288 43,839 757,219 Deferred inflows - other postemployment benefits 86,550 7,318 208,848 29,775 332,491 Total deferred inflows of resources 317,701 23,259 675,136 73,614 1,089,710 NET POSITION Net investment in capital assets 1,019,438 4,629,767 13,712,505 9,802,454 29,164,164 Restricted for: Pensions 522,576 36,040 1,054,161 99,109 1,711,886 Unrestricted 3,840,965 976,252 18,556,725 2,205,083 25,579,025 Total net position $ 5,382,979 $ 5,642,059 $ 33,323,391 $ 12,106,646 $ 56,455,075 The notes to the financial statements are an integral part of this statement. City of Clearwater, Florida Combining Statement of Net Position Nonmajor Enterprise Funds September 30, 2020 124 Marine Aviation Parking Clearwater Operations Operations System Harbor Marina Totals Operating revenues: Sales to customers $ 2,571,259 $ 17,615 $ 6,901,543 $ 1,036 $ 9,491,453 User charges to customers 141,115 - - 20,360 161,475 Rentals 1,940,015 310,816 - 822,054 3,072,885 Other 232,641 4,407 751,337 28,212 1,016,597 Total operating revenues 4,885,030 332,838 7,652,880 871,662 13,742,410 Operating expenses: Personal services 1,099,377 72,431 1,948,979 256,862 3,377,649 Purchases for resale 1,482,784 - - 506 1,483,290 Operating materials and supplies 67,262 13,034 64,823 26,636 171,755 Transportation 21,718 7,649 130,679 8,933 168,979 Utility service 347,415 39,136 66,660 74,065 527,276 Depreciation 43,721 202,333 532,723 335,914 1,114,691 Interfund administrative charges 192,340 67,210 1,122,240 152,420 1,534,210 Other current charges: Professional fees 124,423 69,114 517,405 36,358 747,300 Advertising and marketing 1,762 - 887 - 2,649 Communications 27,006 - 47,906 534 75,446 Printing and binding 642 - 4,113 73 4,828 Insurance 81,370 11,840 60,620 21,430 175,260 Repairs and maintenance 19,492 180 553,877 13,803 587,352 Rentals 2,448 - 14,599 - 17,047 Miscellaneous 110,492 1,040 573,654 11,088 696,274 Data processing charges 50,880 4,240 111,920 12,790 179,830 Taxes 25,309 - - - 25,309 Total other current charges 443,824 86,414 1,884,981 96,076 2,511,295 Total operating expenses 3,698,441 488,207 5,751,085 951,412 10,889,145 Operating income (loss) 1,186,589 (155,369) 1,901,795 (79,750) 2,853,265 Nonoperating revenues (expenses): Investment earnings (loss): Interest 58,141 14,803 275,702 34,043 382,689 Net appreciation (depreciation) in fair value 14,823 3,909 73,934 9,010 101,676 Total investment earnings (loss) 72,964 18,712 349,636 43,053 484,365 Interest expense - - (179) - (179) Gain (loss) on disposal of capital assets - - (21,579) - (21,579) Total nonoperating revenue (expenses) 72,964 18,712 327,878 43,053 462,607 Income (loss) before contributions and transfers 1,259,553 (136,657) 2,229,673 (36,697) 3,315,872 Capital grants and contributions - 116,609 - - 116,609 Transfers in 10,000 - 334 - 10,334 Transfers out (278,600) (36,926) (544,946) (44,230) (904,702) Change in net position 990,953 (56,974) 1,685,061 (80,927) 2,538,113 Net position - beginning 4,392,026 5,699,033 31,638,330 12,187,573 53,916,962 Net position - ending $ 5,382,979 $ 5,642,059 $ 33,323,391 $ 12,106,646 $ 56,455,075 The notes to the financial statements are an integral part of this statement. City of Clearwater, Florida Combining Statement of Revenues, Expenses, and Changes in Net Position Nonmajor Enterprise Funds For the Year Ended September 30, 2020 125 Marine Aviation Parking Clearwater Operations Operations System Harbor Marina Totals CASH FLOWS FROM OPERATING ACTIVITIES Cash received from customers $ 4,881,895 $ 332,838 $ 7,697,631 $ 868,648 $ 13,781,012 Cash payments to suppliers (2,184,143) (114,569) (1,655,428) (150,455) (4,104,595) Cash payments to employees (1,181,674) (72,140) (2,058,550) (266,106) (3,578,470) Cash payments to other funds (394,936) (91,759) (1,516,888) (212,970) (2,216,553) Net cash provided by (used) operating activities 1,121,142 54,370 2,466,765 239,117 3,881,394 CASH FLOWS FROM NONCAPITAL FINANCING ACTIVITIES Transfers from other funds 10,000 - 334 - 10,334 Transfers to other funds (278,600) (36,926) (544,946) (44,230) (904,702) Net cash provided (used) by noncapital financing activities CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES Principal payments on debt - - (5,156) - (5,156) Interest paid - - (237) - (237) Acquisition of capital assets - (70,716) (450,000) - (520,716) Capital contributed by other governmental entities - 110,004 - - 110,004 Net cash provided (used) by capital and related financing activities - 39,288 (455,393) - (416,105) CASH FLOWS FROM INVESTING ACTIVITIES Interest received 75,371 19,557 368,316 45,276 508,520 Net cash provided (used) by investing activities 75,371 19,557 368,316 45,276 508,520 Net increase (decrease) in cash and cash equivalents 927,913 76,289 1,835,076 240,163 3,079,441 Cash and cash equivalents at beginning of year 3,482,353 949,442 17,957,948 2,154,440 24,544,183 Cash and cash equivalents at end of year $ 4,410,266 $ 1,025,731 $ 19,793,024 $ 2,394,603 $ 27,623,624 Cash and cash equivalents classified as: Cash and investments $ 4,410,266 $ 1,025,731 $ 19,793,024 $ 2,394,603 $ 27,623,624 Total cash and cash equivalents $ 4,410,266 $ 1,025,731 $ 19,793,024 $ 2,394,603 $ 27,623,624 The notes to the financial statements are an integral part of this statement. City of Clearwater, Florida Combining Statement of Cash Flows Nonmajor Enterprise Funds For the Year Ended September 30, 2020 (268,600) (36,926) (544,612) (44,230) (894,368) 126 Marine Aviation Parking Clearwater Operations Operations System Harbor Marina Totals City of Clearwater, Florida Combining Statement of Cash Flows Nonmajor Enterprise Funds For the Year Ended September 30, 2020 Reconciliation of operating income (loss) to net cash provided (used) by operating activities: Operating income (loss) $ 1,186,589 $ (155,369) $ 1,901,795 $ (79,750) $ 2,853,265 Adjustments to reconcile operating income (loss) to net cash provided (used) by operating activities: Depreciation 43,721 202,333 532,723 335,914 1,114,691 Change in assets, deferred outflows, liabilities and deferred inflows: (Increase) decrease in accounts receivable - - 62,238 - 62,238 (Increase) decrease in due from other governments - - 24,013 - 24,013 (Increase) decrease in net pension asset (105,366) (7,056) (197,622) (20,548) (330,592) (Increase) decrease in deferred outflows (34,769) (2,228) (64,059) (6,130) (107,186) Increase (decrease) in accounts and contracts payable (23,736) 7,115 73,054 (4,789) 51,644 Increase (decrease) in accrued payroll 3,897 5,829 32,979 2,258 44,963 Increase (decrease) in deposits (3,135) - - (3,014) (6,149) Increase (decrease) in unearned revenue - - (17,487) - (17,487) Increase (decrease) in other postemployment benefits (73,629) (6,197) (163,381) (21,597) (264,804) Increase (decrease) in deferred inflows 127,570 9,943 282,512 36,773 456,798 Total adjustments (65,447) 209,739 564,970 318,867 1,028,129 Net cash provided by operating activities $ 1,121,142 $ 54,370 $ 2,466,765 $ 239,117 $ 3,881,394 127 128 This Page Intentionally Left Blank 129 Internal Service Funds Internal service funds are used to account for services and commodities furnished by a designated department to other departments within the City or to other governments on a cost reimbursement basis. Garage Fund - to account for the cost of automotive and other motorized equipment of the City. The acquisition cost of new or upgraded equipment is financed through user departments and the asset value is simultaneously contributed to the Garage Fund. The cost of replacement of existing equipment is financed by the Garage Fund. Administrative Services Fund - to account for various support activities including information technology, printing, mailing, and telephone services. The cost for these services is charged to user departments based on the cost of providing units of service. General Services Fund - to account for various support activities including building maintenance and custodial services for all City departments and facilities. The cost for these services is charged to user departments based on the cost of providing units of service. Central Insurance Fund - to account for the City's limited self-insurance program wherein all funds are assessed charges based on damage claims incurred and on management's assessment of individual funds' risk exposure. All claims and premiums are paid out of this fund, together with other costs necessary to administer the program. Medical self-insurance costs and employee health clinic operating expenses are also paid from this fund. Administrative General Central Garage Services Services Insurance Total ASSETS Current assets: Cash and investments $ 14,540,329 $ 13,319,355 $ 12,493,787 $ 50,061,608 $ 90,415,079 Accrued interest receivable 7,204 10,606 10,679 44,775 73,264 Other receivables 11,608 - - 40,771 52,379 Due from other funds - - - 329,520 329,520 Inventories, at cost 359,502 - - - 359,502 Prepaid expenses and other assets 1,301,159 56,667 1,796 2,267,832 3,627,454 Total current assets 16,219,802 13,386,628 12,506,262 52,744,506 94,857,198 Noncurrent assets: Advances to other funds - - - 2,533,963 2,533,963 Net pension asset 1,621,787 3,748,129 1,450,598 225,248 7,045,762 Capital assets: Land and other nondepreciable assets 729,591 - - - 729,591 Capital assets, net of accumulated depreciation 28,317,607 2,920,580 257,108 - 31,495,295 Total noncurrent assets 30,668,985 6,668,709 1,707,706 2,759,211 41,804,611 Total assets 46,888,787 20,055,337 14,213,968 55,503,717 136,661,809 DEFERRED OUTFLOWS OF RESOURCES Deferred outflows - pension 553,013 1,278,074 494,639 76,807 2,402,533 Deferred outflows - other postemployment benefits 54,687 114,964 50,697 9,608 229,956 Total deferred outflows of resources 607,700 1,393,038 545,336 86,415 2,632,489 LIABILITIES Current liabilities: Accounts and contracts payable 289,927 225,657 199,801 664,211 1,379,596 Accrued payroll 111,945 237,584 106,332 22,129 477,990 Accrued interest payable 18,480 912 - - 19,392 Unearned revenue 127,611 - - - 127,611 Current portion of long-term liabilities: Compensated absences 68,579 356,228 77,534 5,123 507,464 Capital lease purchases payable 5,821,765 512,980 7,237 - 6,341,982 Due to other funds 658,974 68,435 - - 727,409 Claims payable - - - 3,431,427 3,431,427 Total current liabilities (payable from current assets) 7,097,281 1,401,796 390,904 4,122,890 13,012,871 Noncurrent liabilities: Compensated absences 80,374 417,494 90,868 6,004 594,740 Other postemployment benefits 519,617 1,092,355 481,709 91,287 2,184,968 Capital lease purchases payable 10,416,139 764,948 16,821 - 11,197,908 Advances from other funds 2,058,683 69,790 - - 2,128,473 Claims payable - - - 6,021,800 6,021,800 Total noncurrent liabilities 13,074,813 2,344,587 589,398 6,119,091 22,127,889 Total liabilities 20,172,094 3,746,383 980,302 10,241,981 35,140,760 DEFERRED INFLOWS OF RESOURCES Deferred inflows - pension 717,366 1,657,913 641,644 99,634 3,116,557 Deferred inflows - other postemployment benefits 169,484 356,295 157,120 29,775 712,674 Total deferred inflows of resources 886,850 2,014,208 798,764 129,409 3,829,231 NET POSITION Net investment in capital assets 12,809,294 1,642,652 233,050 - 14,684,996 Restricted for: Pensions 1,621,787 3,748,129 1,450,598 225,248 7,045,762 Unrestricted 12,006,462 10,297,003 11,296,590 44,993,494 78,593,549 Total net position $ 26,437,543 $ 15,687,784 $ 12,980,238 $ 45,218,742 $ 100,324,307 The notes to the financial statements are an integral part of this statement. City of Clearwater, Florida Combining Statement of Net Position Internal Service Funds September 30, 2020 130 Administrative General Central Garage Services Services Insurance Total Operating revenues: Billings to departments $ 17,693,794 $ 12,647,900 $ 6,205,417 $ 24,409,272 $ 60,956,383 Rentals 54,295 - - - 54,295 Other 174,416 - 16,861 444,251 635,528 Total operating revenues 17,922,505 12,647,900 6,222,278 24,853,523 61,646,206 Operating expenses: Personal services 2,399,675 5,208,181 2,213,646 441,218 10,262,720 Purchases for resale 3,690,720 - - - 3,690,720 Operating materials and supplies 601,161 109,587 443,650 314,590 1,468,988 Transportation 1,539 77,158 263,905 - 342,602 Utility service 109,812 - 398,852 578 509,242 Depreciation 9,307,331 611,712 37,047 1,461 9,957,551 Interfund administrative charges 234,320 4,000 - - 238,320 Other current charges: Professional fees 769,349 2,207,253 2,812,613 3,565,158 9,354,373 Communications 22,305 1,097,112 55,548 10,662 1,185,627 Printing and binding 258 28,228 15 3,894 32,395 Insurance: Premiums 23,130 9,820 23,030 3,526,675 3,582,655 Claims incurred - - - 15,782,534 15,782,534 Repairs and maintenance 386,107 1,207,232 206,994 17,335 1,817,668 Rentals 18,222 574,301 18,310 76,984 687,817 Miscellaneous 46,762 121,149 24,022 38,847 230,780 Data processing charges 180,610 228,020 141,780 18,630 569,040 Taxes 14,799 - - 6,594 21,393 Total other current charges 1,461,542 5,473,115 3,282,312 23,047,313 33,264,282 Total operating expenses 17,806,100 11,483,753 6,639,412 23,805,160 59,734,425 Operating income (loss) 116,405 1,164,147 (417,134) 1,048,363 1,911,781 Nonoperating revenues (expenses) Investment earnings (loss): Interest 143,415 165,666 176,054 805,263 1,290,398 Net appreciation (depreciation) in fair value 44,269 47,034 43,881 197,280 332,464 Total investment earnings (loss) 187,684 212,700 219,935 1,002,543 1,622,862 Interest expense (312,053) (12,440) (535) - (325,028) Gain (loss) on disposal of capital assets 1,155,552 3,655 - - 1,159,207 Total nonoperating revenue (expenses) 1,031,183 203,915 219,400 1,002,543 2,457,041 Income (loss) before contributions and transfers 1,147,588 1,368,062 (197,734) 2,050,906 4,368,822 Transfers in 3,609,618 115,262 3,750,206 - 7,475,086 Transfers out - - (41,766) (130,147) (171,913) Change in net position 4,757,206 1,483,324 3,510,706 1,920,759 11,671,995 Net position - beginning 21,680,337 14,204,460 9,469,532 43,297,983 88,652,312 Net position - ending $ 26,437,543 $ 15,687,784 $ 12,980,238 $ 45,218,742 $ 100,324,307 The notes to the financial statements are an integral part of this statement. City of Clearwater, Florida Combining Statement of Revenue, Expenses, and Changes in Net Position Internal Service Funds For the Year Ended September 30, 2020 131 Administrative General Central Garage Services Services Insurance Total CASH FLOWS FROM OPERATING ACTIVITIES Cash received from other funds $ 17,922,505 $ 12,647,900 $6,222,278 $ 24,999,986 $ 61,792,669 Cash payments to suppliers (5,619,183) (5,950,837) (4,528,082) (20,619,086) (36,717,188) Cash payments to employees (2,522,664) (5,400,454) (2,345,224) (471,926) (10,740,268) Cash payments to other funds (746,164) (593,852) (499,954) (3,164,146) (5,004,116) Net cash provided (used) by operating activities 9,034,494 702,757 (1,150,982) 744,828 9,331,097 CASH FLOWS FROM NONCAPITAL FINANCING ACTIVITIES Transfers from other funds 3,609,618 115,262 3,750,206 - 7,475,086 Transfers to other funds - - (41,766) (130,147) (171,913) Receipt of cash on loans to/from other funds - - - 321,954 321,954 Payment of cash on loans to/from other funds (645,801) (67,106) - - (712,907) Net cash provided (used) by noncapital financing activities 2,963,817 48,156 3,708,440 191,807 6,912,220 CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES Principal payments on debt (7,779,482) (305,488) (8,890) - (8,093,860) Interest paid (390,273) (15,751) (691) - (406,715) Acquisition of capital assets (10,841,420) (332,858) (8,056) - (11,182,334) Proceeds from sale of capital assets 1,155,552 - - - 1,155,552 Proceeds from issuance of debt 7,950,554 953,106 - - 8,903,660 Net cash provided (used) by capital and related financing activities (9,905,069) 299,009 (17,637) - (9,623,697) CASH FLOWS FROM INVESTING ACTIVITIES Interest received 205,877 226,685 230,133 1,057,287 1,719,982 Net cash provided (used) by investing activities 205,877 226,685 230,133 1,057,287 1,719,982 Net increase (decrease) in cash and cash equivalents 2,299,119 1,276,607 2,769,954 1,993,922 8,339,602 Cash and cash equivalents at beginning of year 12,241,210 12,042,748 9,723,833 48,067,686 82,075,477 Cash and cash equivalents at end of year $ 14,540,329 $ 13,319,355 $12,493,787 $ 50,061,608 $ 90,415,079 Cash and cash equivalents classified as: Cash and investments $ 14,540,329 $ 13,319,355 $12,493,787 $ 50,061,608 $ 90,415,079 Total cash and cash equivalents $ 14,540,329 $ 13,319,355 $12,493,787 $ 50,061,608 $ 90,415,079 The notes to the financial statements are an integral part of this statement. City of Clearwater, Florida Combining Statement of Cash Flows Internal Service Funds For the Year Ended September 30, 2020 132 Administrative General Central Garage Services Services Insurance Total City of Clearwater, Florida Combining Statement of Cash Flows Internal Service Funds For the Year Ended September 30, 2020 Reconciliation of operating income (loss) to net cash provided (used) by operating activities: Operating income (loss) $ 116,405 $ 1,164,147 $(417,134) $ 1,048,363 $ 1,911,781 Adjustments to reconcile operating income (loss) to net cash provided (used) by operating activities: Depreciation 9,307,331 611,712 37,047 1,461 9,957,551 Change in assets, deferred outflows, liabilities and deferred inflows: (Increase) decrease in accounts receivable (6,445) - - 98,258 91,813 (Increase) decrease in due from other governments - - - 48,205 48,205 (Increase) decrease in inventory 29,510 - - - 29,510 (Increase) decrease in prepaid expenses - 940 - (194,672) (193,732) (Increase) decrease in net pension asset (223,714) (482,145) (234,053) (43,720) (983,632) (Increase) decrease in deferred outflows (81,704) (180,101) (83,776) (15,024) (360,605) Increase (decrease) in accounts and contracts payable (225,512) (881,769) (639,317) (226,079) (1,972,677) Increase (decrease) in accrued payroll 66,899 220,880 67,710 5,913 361,402 Increase (decrease) in unearned revenue (63,806) - - - (63,806) Increase (decrease) in other postemployment benefits (144,195) (303,394) (133,724) (25,217) (606,530) Increase (decrease) in deferred inflows 259,725 552,487 252,265 47,340 1,111,817 Total adjustments 8,918,089 (461,390) (733,848) (303,535) 7,419,316 Net cash provided (used) by operating activities $ 9,034,494 $ 702,757 $(1,150,982) $ 744,828 $ 9,331,097 133 134 This Page Intentionally Left Blank 135 Fiduciary Funds Fiduciary Funds are used to account for resources that are managed in a trustee capacity or as an agent for other parties or funds. Employees’ Pension Fund - to account for the financial operation and condition of the major employee retirement system. Firefighters’ Relief and Pension Fund - to account for the financial operation and condition of the Firefighters' Relief and Pension Plan, closed to new members in 1962, and containing 15 retired members with no active members. The Plan was fully funded effective with fiscal year 2007. Police Supplemental Pension Fund - to account for the financial operation and condition of a supplemental pension plan funded by the State for sworn police officers. Firefighters’ Supplemental Pension Fund - to account for the financial operation and condition of a supplemental pension plan funded by the State for firefighters. Treasurer’s Escrow Agency Fund - to account for the receipt, custody, and expenditure of funds held temporarily in trust for other parties. Defined Benefit Defined Contribution Pension Trust Funds Pension Trust Funds Firefighters' Police Firefighters' Employees' Relief and Supplemental Supplemental Pension Fund Pension Fund Pension Fund Pension Fund Totals ASSETS Cash and cash equivalents $ 9,890,595 $ 2,292,432 $ 4,828 $ - $ 12,187,855 Managed investment accounts, at fair value: Cash and cash equivalents 22,795,324 - 811,012 876,853 24,483,189 Government bonds 63,074,430 - - 295,168 63,369,598 Index linked government bonds 5,984,825 - - - 5,984,825 Agency bonds 3,165,603 1,167,534 - - 4,333,137 Municipal bonds 3,190,446 - - 248,415 3,438,861 Domestic corporate bonds 130,779,004 - - 3,032,750 133,811,754 International equity securities 141,320,172 - - 337,219 141,657,391 Domestic stocks 435,195,575 - - 2,369,676 437,565,251 Mortgage backed bonds 89,467,354 - - 1,052,067 90,519,421 Government issued commercial mortgage backed bonds 130,798 - - - 130,798 Asset backed securities 7,113,854 - - - 7,113,854 Other/rights/warrants 1,606 - - - 1,606 Domestic equity mutual funds 50,215,056 - 10,619,413 8,079,967 68,914,436 International equity mutual funds 38,152,799 - 8,162,423 973,986 47,289,208 Infrastructure 42,849,862 - - - 42,849,862 Real estate 95,586,317 - - 2,835,926 98,422,243 Total managed investment accounts 1,129,023,025 1,167,534 19,592,848 20,102,027 1,169,885,434 Securities lending collateral 125,978,068 - - - 125,978,068 Receivables: Interest and dividends 2,963,944 21,132 8,597 39,661 3,033,334 Unsettled investment sales 3,040,334 - - - 3,040,334 Securities lending earnings 23,175 - - - 23,175 Due from others - - 4,336 - 4,336 Total receivables 6,027,453 21,132 12,933 39,661 6,101,179 Total assets 1,270,919,141 3,481,098 19,610,609 20,141,688 1,314,152,536 LIABILITIES Accounts payable 958,076 - 105 - 958,181 Unsettled investment purchases 11,422,139 - - - 11,422,139 Obligations under securities lending 125,978,068 - - - 125,978,068 Total liabilities 138,358,283 - 105 - 138,358,388 FIDUCIARY NET POSITION Net position restricted for pensions $ 1,132,560,858 $ 3,481,098 $ 19,610,504 $ 20,141,688 $ 1,175,794,148 The notes to the financial statements are an integral part of this statement. City of Clearwater, Florida Combining Statement of Fiduciary Net Position Fiduciary Funds September 30, 2020 136 Defined Benefit Defined Contribution Pension Trust Funds Pension Trust Funds Firefighters' Police Firefighters' Employees' Relief and Supplemental Supplemental Pension Fund Pension Fund Pension Fund Pension Fund Totals ADDITIONS Contributions: Contributions from employer $ 10,364,100 $ - $ - $ - $ 10,364,100 Contributions from employer - state tax 12,000 - 1,109,545 998,892 2,120,437 Contributions from employees 7,925,645 - - - 7,925,645 Total contributions 18,301,745 - 1,109,545 998,892 20,410,182 Investment income: Net appreciation (depreciation) in fair value of investments 90,104,295 55,392 (564,849) 858,077 90,452,915 Interest 10,214,736 92,583 - 287,314 10,594,633 Dividends 8,240,570 - 278,747 436,946 8,956,263 Less investment expenses: Investment management/custodian fees (6,404,287) - (31,544) (95,422) (6,531,253) Net income (loss) from investing activities 102,155,314 147,975 (317,646) 1,486,915 103,472,558 Securities lending income: Gross earnings 1,506,792 - - - 1,506,792 Rebate paid (840,643) - - - (840,643) Bank fees (233,005) - - - (233,005) Net income (loss) from securities lending 433,144 - - - 433,144 Total additions 120,890,203 147,975 791,899 2,485,807 124,315,884 DEDUCTIONS Benefits and withdrawal payments: Benefits 50,966,931 262,649 1,600,810 1,665,183 54,495,573 Withdrawal payments 1,177,456 - - - 1,177,456 Total benefits and withdrawal payments 52,144,387 262,649 1,600,810 1,665,183 55,673,029 Income (loss) before administrative expenses 68,745,816 (114,674) (808,911) 820,624 68,642,855 Less administrative expenses (288,079) (2,500) (18,106) (35,233) (343,918) Net increase (decrease)68,457,737 (117,174) (827,017) 785,391 68,298,937 Fiduciary net position restricted for pensions Fiduciary net position - beginning 1,064,103,121 3,598,272 20,437,521 19,356,297 1,107,495,211 Fiduciary net position - ending $ 1,132,560,858 $ 3,481,098 $ 19,610,504 $ 20,141,688 $ 1,175,794,148 The notes to the financial statements are an integral part of this statement. City of Clearwater, Florida Combining Statement of Changes in Fiduciary Net Position Fiduciary Funds For the Year Ended September 30, 2020 137 Balance Balance October 1, September 30, 2019 Additions Deductions 2020 TREASURER'S ESCROW FUND ASSETS Cash and investments $ 484,650 691,874 563,878 $ 612,646 Accrued interest receivable 610 425 610 425 Total Assets $ 485,260 692,299 564,488 $ 613,071 LIABILITIES Other miscellaneous payables: Downtown Development Board $ 307,985 679,985 554,096 $ 433,874 Other 177,275 12,315 10,393 179,197 Total Liabilities $ 485,260 692,300 564,489 $ 613,071 The notes to the financial statements are an integral part of this statement. City of Clearwater, Florida Statement of Changes in Assets and Liabilities Agency Fund For the Year Ended September 30, 2020 138 Financial Trends Schedule 1 Net Position by Component Schedule 2 Changes in Net Position Schedule 2a Program Revenues by Function/Program Schedule 3 Fund Balances of Governmental Funds Schedule 4 Changes in Fund Balances of Governmental Funds Revenue Capacity Schedule 5 Assessed Value and Estimated Actual Value of Taxable Property Schedule 6 Direct and Overlapping Property Tax Rates Schedule 7 Property Tax Levies and Collections Schedule 8a Principal Real Property Taxpayers Schedule 8b Principal Personal Property Taxpayers Debt Capacity Schedule 9 Ratios of Outstanding Debt by Type Schedule 10 Ratios of General Bonded Debt Outstanding Schedule 11 Direct and Overlapping Governmental Activities Debt Schedule 12 Legal Debt Margin Information Schedule 13 Pledged-Revenue Coverage These schedules present information to help the reader assess the affordability of the City’s current levels of outstanding debt, and the City’s ability to issue additional debt in the future. CITY OF CLEARWATER, FLORIDA STATISTICAL SECTION This section of the City’s CAFR presents detailed information as a context for understanding what the information in the financial statements, note disclosures, and required supplementary information say about the City’s overall financial health. This information has not been audited by the independent auditor. These schedules contain trend information to help the reader understand how the City’s financial performance and well-being changed over time. These schedules contain information to help the reader assess the City’s significant local revenue, the property tax. 139 Economic and Demographic Information Schedule 14 Demographic and Economic Statistics Schedule 15 Principal Employers Operating Information Schedule 16 Full-time Equivalent City Government Employees by Function/Program Schedule 17 Operating Indicators by Function/Program Schedule 18 Capital Assets Statistics by Function/Program These schedules offer economic and demographic indicators to help the reader understand the environment within which the City’s financial activities take place. These schedules contain service and infrastructure data to help the reader understand how the information in the City’s financial report relates to the services the City provides and the activities it performs. Sources: Unless otherwise noted, the information in this section is derived from the City’s comprehensive annual financial reports for the relevant year. STATISTICAL SECTION (CONTINUED) CITY OF CLEARWATER, FLORIDA 140 2011201220132014201520162017201820192020Primary GovernmentGovernmental activities Net investment in capital assets 257,542$ 249,742$ 252,661$ 261,886$ 262,934$ 263,810$ 271,834$ 256,608$ 267,703$ 271,011$ Restricted 57,245 65,603 60,454 56,044 57,003 52,936 119,003 145,996 129,078 136,164 Unrestricted 79,955 80,208 82,369 153,334 121,033 128,785 72,595 57,072 102,030 132,181 Total governmental activities net position 394,742$ 395,553$ 395,484$ 471,264$ 440,970$ 445,531$ 463,432$ 459,676$ 498,811$ 539,356$ Business-type activities Net investment in capital assets 159,913$ 163,316$ 180,324$ 214,175$ 226,571$ 231,591$ 254,503$ 250,410$ 284,905$ a292,925$ Restricted 55,038 55,204 53,237 49,530 45,503 36,803 47,946 54,034 36,271 36,576 Unrestricted 136,067 151,693 153,761 163,876 164,135 194,997 183,726 194,547 225,022 a260,807 Total business-type activities net position 351,018$ 370,213$ 387,322$ 427,581$ 436,209$ 463,391$ 486,175$ 498,991$ 546,198$ 590,308$ Primary government Net investment in capital assets 417,455$ 413,058$ 432,985$ 476,061$ 489,505$ 495,401$ 526,337$ 507,018$ 552,608$ 563,936$ Restricted 112,283 120,807 113,691 105,574 102,506 89,739 166,949 200,030 165,349 172,740 Unrestricted 216,022 231,901 236,130 317,210 285,168 323,782 256,321 251,619 327,052 392,988 Total primary government net position 745,760$ 765,766$ 782,806$ 898,845$ 877,179$ 908,922$ 949,607$ 958,667$ 1,045,009$ 1,129,664$ Note:Fiscal years prior to 2015 are not restated for GASB-68.Fiscal years prior to 2018 are not restated for GASB-75.a Reclassified to correct the calculation of Net Investment in Capital Assets in 2019.Schedule 1City of Clearwater, FloridaNet Position by ComponentLast Ten Fiscal Years(accrual basis of accounting, in thousands of dollars)141 2011201220132014201520162017201820192020Governmental activities: General government 16,183$ 14,230$ 13,496$ 15,018$ 16,818$ 13,488$ 14,876$ 18,323$ 15,982$ 13,110$ Public safety 66,914 67,559 68,057 70,126 99,056 71,718 66,795 67,737 71,645 72,720 Physical environment 3,868 3,189 3,451 3,416 3,273 4,142 3,993 4,055 551 5,934 Transportation 13,275 13,432 12,954 11,129 19,366 14,532 14,339 17,020 15,957 12,424 Economic environment 3,113 2,240 3,035 2,517 4,895 4,019 5,305 6,205 7,671 7,298 Human services 182 186 104 137 249 526 455 462 574 598 Culture and recreation 30,606 32,814 32,213 33,051 40,783 36,894 36,497 50,485 45,595 36,528 Interest on long-term debt 1,217 709 698 727 689 740 748 745 808 617 Total governmental activities expenses 135,358 134,359 134,008 136,121 185,129 146,059 143,008 165,032 158,783 149,229 Business-type activities: Water and sewer utility 61,010 59,406 57,774 64,810 69,550 64,866 73,253 82,197 68,458 66,362 Gas utility 28,354 27,662 29,747 31,639 33,352 29,195 30,716 35,569 35,553 32,671 Solid waste utility 15,844 16,632 17,042 17,572 22,486 17,989 17,626 17,053 19,328 18,580 Stormwater utility 12,234 12,847 12,284 16,476 16,110 13,664 13,148 14,550 11,730 12,308 Recycling 2,954 2,855 4,056 3,094 2,455 2,958 2,864 3,042 1,594 2,675 Marine 4,136 4,168 4,214 4,378 4,182 3,476 3,781 4,119 4,212 3,677 Aviation 515 366 404 345 399 415 470 640 502 486 Parking system 3,867 4,200 3,730 3,637 4,724 4,097 4,379 4,817 5,054 5,732 Harborview Center 579 610 520 522 - - - - - - Clearwater Harbor Marina 657 726 676 779 911 848 823 895 919 947 Total business-type activities expenses 130,150 129,472 130,447 143,252 154,169 137,508 147,060 162,882 147,350 143,438 Total primary government expenses 265,508$ 263,831$ 264,455$ 279,373$ 339,298$ 283,567$ 290,068$ 327,914$ 306,133$ 292,667$ Notes:The Harborview Center Fund was closed in FY 2014 and its operations transferred to the General Fund during the year ended September 30, 2014.Fiscal years prior to 2015 are not restated for GASB-68.Fiscal years prior to 2018 are not restated for GASB-75.ExpensesSchedule 2City of Clearwater, FloridaChanges in Net PositionLast Ten Fiscal Years(accrual basis of accounting, in thousands of dollars)Page 1 of 3142 2011201220132014201520162017201820192020 Charges for services: General government 20,869$ 20,401$ 19,920$ 22,726$ 23,668$ 23,030$ 23,380$ 24,391$ 26,013$ 25,869 Public safety 9,980 9,265 10,654 11,040 10,593 11,952 11,788 11,318 11,769 12,739 Physical environment 147 77 174 150 196 137 67 237 120 65 Transportation 852 885 738 454 327 150 157 127 182 175 Economic environment 153 122 121 132 109 105 105 312 165 149 Culture and recreation 5,491 5,474 5,973 6,855 7,103 7,751 8,336 8,384 8,892 6,401 Operating grants and contributions 8,062 8,521 8,114 6,305 6,893 6,236 7,012 7,456 8,630 6,925 Capital grants and contributions 2,766 845 437 2,391 2,326 2,642 3,894 7,146 6,257 2,519 Total governmental activities program revenues48,320 45,590 46,131 50,053 51,215 52,003 54,739 59,371 62,028 54,842 Business-type activities: Charges for services: Water and sewer utility 59,810 62,012 65,292 67,141 70,848 75,203 81,514 83,994 87,242 91,069 Gas utility 36,470 36,351 37,693 41,347 41,143 38,598 40,602 45,120 45,762 42,785 Solid waste utility 19,205 19,462 19,504 19,966 20,401 21,602 22,492 23,234 24,504 24,646 Stormwater utility 15,222 15,890 16,378 16,789 17,162 17,854 18,512 18,397 18,503 17,248 Recycling 3,135 2,681 2,453 2,370 2,261 2,390 2,546 2,316 2,444 2,710 Marine 4,387 4,181 4,331 4,643 4,352 4,054 4,444 5,065 5,284 4,885 Aviation 237 257 261 268 283 291 311 317 323 333 Parking system 4,677 4,890 4,994 5,159 6,215 6,638 7,027 6,348 7,128 7,653 Harborview Center 51 209 48 50 - - - - - - Clearwater Harbor Marina 325 467 559 619 664 717 799 804 850 872 Operating grants and contributions 133 134 584 140 50 208 83 83 664 166 Capital grants and contributions 5,290 7,469 6,250 13,590 4,662 3,487 3,564 3,785 3,973 1,764 Total business-type activities program revenues148,942 154,003 158,347 172,082 168,041 171,042 181,894 189,463 196,677 194,131 Total primary government program revenues197,262$ 199,593$ 204,478$ 222,135$ 219,256$ 223,045$ 236,633$ 248,834$ 258,705$ 248,973$ Program revenuesSchedule 2 (continued)City of Clearwater, FloridaChanges in Net PositionLast Ten Fiscal Years(accrual basis of accounting, in thousands of dollars)Page 2 of 3143 2011201220132014201520162017201820192020Net (Expenses) / RevenueGovernmental activities (87,038)$ (88,770)$ (87,876)$ (86,068)$ (133,914)$ (94,055)$ (88,270)$ (105,661)$ (96,754)$ (94,387)$ Business-type activities 18,792 24,531 27,900 28,830 13,872 33,534 34,834 26,581 49,327 50,693 Total primary government net (expense) / revenue (68,246)$ (64,239)$ (59,976)$ (57,238)$ (120,042)$ (60,521)$ (53,436)$ (79,080)$ (47,427)$ (43,694)$ General Revenues and Other Changes in Net PositionGovernmental activities: Taxes: Property taxes 39,253$ 37,938$ 37,360$ 38,574$ 40,925$ 43,580$ 46,853$ 50,610$ 64,050$ 68,614$ Sales taxes 13,385 14,092 15,489 15,722 16,833 17,595 18,009 19,015 19,839 19,311 Utility taxes 13,229 12,736 13,473 14,309 14,095 14,518 14,835 15,544 16,449 17,166 Communications services taxes 5,852 5,871 5,470 5,061 4,919 4,618 4,512 4,721 4,371 4,369 Local business tax b2,170 1,914 2,112 2,111 2,029 662 a1,913 1,956 2,077 2,028 Local option gas tax b1,391 1,394 1,444 1,443 1,490 1,532 1,546 1,536 1,526 1,382 Intergovernmental: State revenue sharing b2,907 2,939 3,103 3,245 3,441 3,520 3,707 3,826 3,969 3,694 Tax increment b983 858 827 926 1,009 1,131 1,229 1,409 1,877 2,093 Investment earnings 2,965 2,758 (1,109) 2,596 3,279 2,285 698 (136) 8,617 4,550 Miscellaneous 125 101 134 28 26 108 36 100 182 94 Extraordinary item - - - - 6,480 - - - - - Transfers 7,511 8,980 9,505 13,410 9,330 9,069 12,831 10,341 12,932 11,631 Total governmental activities 89,771 89,581 87,808 97,425 103,856 98,618 106,169 108,922 135,889 134,932 Business-type activities: Investment earnings 3,497 3,644 (1,287) 3,407 4,086 2,715 783 (350) 10,811 5,047 Transfers (7,511) (8,980) (9,505) (13,410) (9,330) (9,069) (12,831) (10,341) (12,932) (11,631) Total business-type activities (4,014) (5,336) (10,792) (10,003) (5,244) (6,354) (12,048) (10,691) (2,121) (6,584) Total primary government 85,757$ 84,245$ 77,016$ 87,422$ 98,612$ 92,264$ 94,121$ 98,231$ 133,768$ 128,348$ Change in Net PositionGovernmental activities 2,733$ 811$ (68)$ 11,357$ (30,058)$ 4,563$ 17,899$ 3,261$ 39,135$ 40,545$ Business-type activities 14,778 19,195 17,108 18,827 8,628 27,180 22,786 15,890 47,206 44,109 Total primary government change in net position 17,511$ 20,006$ 17,040$ 30,184$ (21,430)$ 31,743$ 40,685$ 19,151$ 86,341$ 84,654$ Notes:a Reduction in Local Business Tax in 2016 is due to the deferral of receipts for following fiscal year renewals received during July, August and September.b Amounts previously reported as "Other Taxes" in fiscal years 2011-2019 have been separately itemized.Schedule 2 (continued)City of Clearwater, FloridaChanges in Net PositionLast Ten Fiscal Years(accrual basis of accounting, in thousands of dollars)Page 3 of 3144 2011201220132014201520162017201820192020Function/ProgramGovernmental activities: General government 21,533$ 20,418$ 19,920$ 22,728$ 23,668$ 23,030$ 23,432$ 24,398$ 26,298$ 25,869$ Public safety 12,631 13,753 13,551 14,192 13,201 15,439 14,778 14,455 16,363 15,547 Physical environment 344 327 326 447 1,311 986 1,538 1,729 1,690 415 Transportation 2,651 1,436 1,284 885 1,024 927 1,312 2,889 1,759 1,007 Economic environment 2,444 1,687 2,988 1,828 1,713 1,426 2,014 1,725 1,315 1,327 Human services 211 180 147 - 350 333 368 431 400 421 Culture and recreation 8,506 7,789 7,915 9,973 9,948 9,862 11,297 13,744 14,203 10,256 Subtotal governmental activities 48,320 45,590 46,131 50,053 51,215 52,003 54,739 59,371 62,028 54,842 Business-type activities: Water and sewer utility 63,566 68,812 69,732 78,478 74,146 77,312 82,531 86,706 89,115 92,057 Gas utility 36,470 36,351 38,143 41,347 41,143 38,598 40,602 45,120 45,762 42,785 Solid waste utility 19,205 19,462 19,504 19,966 20,401 21,727 22,492 23,234 25,166 24,646 Stormwater utility 16,523 15,961 16,869 18,821 17,805 19,029 21,053 19,358 20,575 17,907 Recycling 3,218 2,764 2,536 2,453 2,261 2,473 2,629 2,399 2,444 2,876 Marine 4,387 4,259 4,334 4,658 4,357 4,055 4,447 5,070 5,286 4,885 Aviation 454 776 1,491 480 999 377 314 424 351 450 Parking system 4,677 4,890 4,994 5,159 6,215 6,704 7,027 6,348 7,128 7,653 Harborview Center 51 209 48 50 - - - - - - Clearwater Harbor Marina 391 518 696 670 714 767 799 804 850 872 Subtotal business-type activities 148,942 154,002 158,347 172,082 168,041 171,042 181,894 189,463 196,677 194,131 Total primary government 197,262$ 199,592$ 204,478$ 222,135$ 219,256$ 223,045$ 236,633$ 248,834$ 258,705$ 248,973$ Schedule 2aCity of Clearwater, FloridaProgram Revenues by Function/ProgramLast Ten Fiscal Years(accrual basis of accounting, in thousands of dollars)145 2011a201220132014201520162017201820192020General Fund: Nonspendable 24$ 25$ 37$ 33$ 40$ 59$ 62$ 76$ 49$ 64$ Restricted - - - - - - - - - - Committed - - - - - - - - - - Assigned 856 1,043 588 894 447 352 232 436 452 338 Unassigned 23,081 22,034 21,664 23,488 31,540 33,243 28,276 27,176 38,168 48,933 Total General Fund 23,961$ 23,102$ 22,289$ 24,415$ 32,027$ 33,654$ 28,570$ 27,688$ 38,669$ 49,335$ All Other Governmental Funds: Nonspendable 90$ 87$ 96$ -$ -$ -$ -$ -$ 10$ 192$ Restricted 61,991 65,645 60,493 56,043 53,900 52,936 58,681 67,328 76,094 72,163 Committed 17,131 17,346 27,322 19,374 20,167 22,360 22,132 19,829 19,661 25,539 Assigned 7,404 8,488 5,801 6,689 7,815 7,475 7,094 3,043 5,828 6,921 Unassigned (1,921) (2,119) (3,917) (6,347) (2,553) - - - - - Total all other governmental funds 84,695$ 89,447$ 89,795$ 75,759$ 79,329$ 82,771$ 87,907$ 90,200$ 101,593$ 104,815$ Schedule 3City of Clearwater, FloridaFund Balances of Governmental FundsLast Ten Fiscal Years(modified accrual basis of accounting, in thousands of dollars)146 2011201220132014201520162017201820192020Total Governmental Funds: Property taxes 39,290$ 37,954$ 37,413$ 38,597$ 40,919$ 43,614$ 46,852$ 50,710$ 64,050$ b 68,522$ Sales taxes 7,929 8,393 8,868 9,465 10,188 10,715 11,014 11,670 12,278 12,087 Utility taxes 13,229 12,735 13,473 14,309 14,094 14,518 14,835 15,544 16,449 17,166 Communications services taxes 5,852 5,871 5,470 5,061 4,919 4,618 4,512 4,721 4,371 4,368 Other taxes 3,561 3,308 3,556 3,554 3,519 2,194 3,459 3,493 3,603 3,409 Franchise fees 9,994 9,603 9,164 9,877 9,873 9,311 9,394 9,992 10,643 10,312 Licenses, permits, and fees 2,364 2,117 2,187 3,292 4,408 3,339 3,893 3,748 3,995 4,439 Intergovernmental revenues 26,693 25,750 26,842 26,354 27,573 28,293 30,236 34,277 34,770 29,730 Charges for services 14,081 14,682 14,484 15,574 15,830 16,536 17,304 17,381 17,719 15,461 Fines and forfeitures 1,638 985 1,808 1,480 1,638 2,116 1,727 2,165 2,605 2,321 Investment earnings 1,937 1,719 (668) a1,717 2,160 1,486 460 194 5,292 c2,963 Miscellaneous 2,963 2,016 2,310 2,734 3,886 3,714 4,051 4,499 4,289 3,592 Total revenues 129,531 125,133 124,907 132,014 139,007 140,454 147,737 158,394 180,064 174,370 ExpendituresTotal Governmental Funds: Current: General government 15,042 12,764 12,520 14,391 13,159 12,917 16,277 17,250 17,521 12,648 Public safety 63,610 64,171 66,262 66,771 66,886 69,575 71,752 74,486 74,164 78,002 Physical environment 3,722 3,032 3,376 3,400 3,158 3,594 4,185 4,403 3,488 3,938 Transportation 8,536 8,332 7,522 7,787 9,925 9,554 9,626 9,629 9,956 8,453 Economic environment 2,773 2,470 3,256 2,544 3,993 3,473 4,826 4,106 4,831 6,602 Human services 180 182 104 137 223 525 466 490 594 634 Culture and recreation 25,198 27,028 26,567 27,557 28,339 31,279 33,868 43,030 40,080 34,971 Debt service: Principal 9,510 1,049 1,049 947 928 979 1,088 1,271 1,486 1,508 Interest & issuance costs 856 548 538 542 501 459 414 380 348 308 Capital outlay 9,165 8,860 13,318 16,098 12,132 12,062 13,015 8,921 12,068 15,916 Total expenditures 138,592 128,436 134,512 140,174 139,244 144,417 155,517 163,966 164,536 162,980 Excess (deficiency) of revenues over (under) expenditures (9,061) (3,303) (9,605) (8,160) (237) (3,963) (7,780) (5,572) 15,528 11,390 Total Governmental Funds: Transfers in 34,908 31,373 35,813 34,453 39,386 32,824 45,413 49,202 45,697 47,307 Transfers out (30,204) (24,491) (26,673) (25,819) (31,190) (25,074) (38,658) (43,895) (40,396) (42,979) Proceeds from sale of capital assets - - - - - 314 - - 1,545 1,746 Other long term debt issued 1,066 314 - - 82 968 1,077 1,677 - 964 Total other financing sources (uses) 5,770 7,196 9,140 8,634 8,278 9,032 7,832 6,984 6,846 7,038 Extraordinary Item:BP Oil settlement proceeds - - - - 6,480 - - - - (3,291)$ 3,893$ (465)$ 474$ 14,521$ 5,069$ 52$ 1,412$ 22,374$ 18,428$ Debt service as a percentage of noncapital expenditures 8.2% 1.3%1.3% 1.3% 1.1% 1.1% 1.1% 1.1% 1.3% 1.2%Notes:Fiscal years prior to 2015 are not restated for GASB-68.Fiscal years prior to 2018 are not restated for GASB-75.a The decrease in 2013 investment earnings was due to a low interest rate environment along with an unrealized loss in market value at September 30, 2013.b The increase in 2019 investment earnings was due to an unrealized gain in market value as of September 30, 2019 as well as an increase in the average balance of cash and investments.c The increase in 2019 property taxes was due to an increase in the millage rate from 5.155 to 5.955 as well as an increase in property values.Other Financing Sources (Uses)Net Change in Fund BalancesRevenuesSchedule 4City of Clearwater, FloridaChanges in Fund Balances of Governmental FundsLast Ten Fiscal Years(modified accrual basis of accounting, in thousands of dollars)147 Less:Government Homestead Total Total Estimated Assessedand Assessment Less:Taxable Direct Actual Value as %Fiscal Residential Commercial Industrial Institutional Personal OtherCap Tax Exempt Assessed Tax Taxable of ActualYear Property Property Property Property Property Property DifferentialbProperty Value RatecValue Value2011 7,069,236$ 2,043,813$ 162,529$ 999,884$ 630,044$ 112,864$ 472,793$ 2,679,167$ 7,866,410$ 5.1550 9,254,600$ 85.0%2012 6,732,585 2,001,945 149,166 973,917 609,704 94,750 391,670 2,573,448 7,596,949 5.1550 8,937,587 85.0%2013 6,496,278 2,043,952 140,377 1,017,944 593,746 114,615 290,989 2,623,699 7,492,224 5.1550 8,814,381 85.0%2014 6,863,874 2,077,078 149,298 1,057,915 601,743 113,552 485,295 2,640,339 7,737,826 5.1550 9,103,325 85.0%2015 7,713,777 2,145,212 156,487 1,117,973 631,798 113,591 959,433 2,714,945 8,204,460 5.1550 9,652,306 85.0%2016 8,606,077 2,248,376 161,628 1,167,103 659,302 116,457 1,447,451 2,762,807 8,748,685 5.1550 10,292,571 85.0%2017 9,309,714 2,416,458 181,646 1,170,702 653,678 116,714 1,655,985 2,792,826 9,400,101 5.1550 11,058,942 85.0%2018 10,027,947 2,634,890 191,916 1,199,559 753,946 112,055 1,835,694 2,903,688 10,180,931 5.1550 11,977,566 85.0%2019 10,929,070 2,924,352 193,383 1,229,391 1,097,973 130,025 2,022,246 3,322,023 11,159,925 5.9550 13,129,324 85.0%2020 11,645,166 3,133,808 201,106 1,289,515 1,043,462 142,185 2,150,286 3,392,403 11,912,553 5.9550 14,014,768 85.0%a Properties are assessed at approximately 85% of market value to reflect cost of sales, personal property included in market value, etc.b Chapter 193.155, Florida Statutes, provides for an annual cap on assessment increases for "Homestead properties" (properties qualifying for Homestead exemption). The cap is the lower of 3% of the assessed value of the property or the percentage change in the Consumer Price Index for All Urban Consumers.c Rate is per $1,000 of assessed valueAssessed Value aSchedule 5City of Clearwater, FloridaAssessed Value and Estimated Actual Value of Taxable PropertyLast Ten Fiscal Years(in thousands of dollars)148 Fiscal Year Operating Total Direct Pinellas County Pinellas County Schools Pinellas Transit District Emergency Medical Services Other Districts Downtown Development Board a 2011 5.1550 5.1550 4.8730 8.3400 0.5601 0.5832 1.4410 0.9651 2012 5.1550 5.1550 4.8730 8.3850 0.7305 0.8506 1.2390 0.9651 2013 5.1550 5.1550 5.0727 8.3020 0.7305 0.9158 1.3034 0.9651 2014 5.1550 5.1550 5.3377 8.0600 0.7305 0.9158 1.2959 0.9651 2015 5.1550 5.1550 5.3377 7.8410 0.7305 0.9158 1.2799 0.9651 2016 5.1550 5.1550 5.3377 7.7700 0.7305 0.9158 1.2629 0.9651 2017 5.1550 5.1550 5.3377 7.3180 0.7500 0.9158 1.2448 0.9651 2018 5.1550 5.1550 5.3590 7.0090 0.7500 0.9158 1.2262 0.9700 2019 5.9550 5.9550 5.3590 6.7270 0.7500 0.9158 1.2086 0.9700 2020 5.9550 5.9550 5.3950 6.5840 0.7500 0.9158 1.1932 b 0.9700 Source: Pinellas County Tax Collector a A separate taxing district established by referendum which affects only downtown properties. b "Other" includes Pinellas County Planning Council 0.0150; Juvenile Welfare Board 0.8981; SW Florida Water Management District 0.2801. Schedule 6 City Direct Rates Overlapping Rates City of Clearwater, Florida Direct and Overlapping Property Tax Rates Last Ten Fiscal Years (rate per $1,000 of assessed value) 149 Fiscal Year Taxes Levied for the Fiscal Year Amount Percentage of Levy Collections in Subsequent Years Amount Percentage of Levy 2011 40,551,363$ 39,163,100$ 96.58% 66,318$ 39,229,418$ 96.74% 2012 39,162,295 37,874,151 96.71% 72,274 37,946,425 96.90% 2013 38,622,438 37,298,959 96.57% 64,279 37,363,238 96.74% 2014 39,888,516 38,521,211 96.57% 59,544 38,580,755 96.72% 2015 42,294,009 40,832,366 96.54% 57,069 40,889,435 96.68% 2016 45,099,493 43,545,722 96.55% 47,789 43,593,511 96.66% 2017 48,457,539 46,762,216 96.50% 39,026 46,801,242 96.58% 2018 52,482,716 50,620,131 96.45% 27,872 50,648,003 96.50% 2019 66,457,374 64,014,536 96.32% 81,830 64,096,366 96.45% 2020 70,939,266 68,396,543 96.42% - 68,396,543 96.42% Note 1:Discounts are allowed for early payment: 4% for November, 3% for December,2% for January, and 1% for February. No discount is allowed for payment in March. Penalties are assessed beginning in April. Note 2:Prior to fiscal year 2012, the Pinellas County Tax Collector did not allocate delinquent taxes collected by the original tax year levied. Consequently, all collections of delinquent taxes were applied to the immediately preceding tax year. Beginning with fiscal year 2012, the Tax Collector has allocated delinquent taxes collected by the original tax year levied. Schedule 7 Collected within the Fiscal Year of the Levy Total Collections to Date City of Clearwater, Florida Property Tax Levies and Collections Last Ten Fiscal Years 150 Taxpayer Taxable Assessed Value Rank Percentage of Total City Taxable Assessed Value Taxable Assessed Value Rank Percentage of Total City Taxable Assessed Value REAL PROPERTY BELLWETHER PROP FLA 162,625,000$ 1 1.43% $119,557,610 1 1.61% WYNDHAM VACATION RESORTS INC 118,024,594 2 1.04% B W C W HOSPITALITY LLC 101,216,327 3 0.89% K & P CLEARWATER ESTATE LLC 80,250,000 4 0.70% JOHN S TAYLOR PROPERTIES LLC (1) 78,497,229 5 0.69% 42,685,000 2 0.57% CLEARMAR LLC 69,575,000 6 0.61% P E P F SOLARIS KEY LLC 68,800,000 7 0.60% G R F P LLC 62,500,000 8 0.55% SANDPEARL RESORT LLC 61,154,597 9 0.54% 34,835,916 6 0.47% SAND KEY ASSOC LTD PARTNERSHIP 59,895,000 10 0.53% 36,500,000 5 0.49% WATERS EDGE REAL ESTATE ACQUISITION LP 39,852,324 3 0.54% CENTRO NP CLEARWATER MALL LLC 37,037,311 4 0.50% STANDARD GRAND RESERVE LLC 31,000,000 7 0.42% ZOM BAYSIDE ARBORS LTD 27,162,890 8 0.37% WEINGARTEN NOSTAT INC 25,674,800 9 0.35% DUFF, ANDREW R TRE 25,500,000 10 0.34% Total 862,537,747$ 7.58% 419,805,851$ 5.66% Notes: (1) John S. Taylor Properties LLC was listed as John S. Taylor III in 2011. Source: Pinellas County Property Appraiser Schedule 8a City of Clearwater, Florida Principal Real Property Taxpayers Current Year and Nine Years Ago 2020 2011 151 Taxpayer Taxable Assessed Value Rank Percentage of Total City Taxable Assessed Value Taxable Assessed Value Rank Percentage of Total City Taxable Assessed Value PERSONAL PROPERTY DUKE ENERGY FLORIDA (1) 102,167,961$ 1 19.92% 73,077,158$ 1 16.80% FRONTIER FLORIDA LLC (2) 21,465,612 2 4.18% 55,551,272 2 12.77% INSTRUMENT TRANSFORMERS INC 18,677,095 3 3.64% 7,651,786 6 1.76% BRIGHT HOUSE NETWORKS LLC 15,582,203 4 3.04% 15,845,948 3 3.64% PUBLIX SUPER MARKET 10,110,492 5 1.97% 11,168,220 4 2.57% MONIN INC 8,550,919 6 1.67% 7,936,032 5 1.82% BAUSCH & LOMB INC 8,157,685 7 1.59% 4,468,863 10 1.03% FLORIDA GAS TRANSMISSION 7,013,630 8 1.37% 4,788,895 9 1.10% HILTON CLEARWATER BEACH RESORT 6,447,506 9 1.26% 5,608,606 8 1.29% WOW! INTERNET, CABLE & PHONE 6,142,882 10 1.20% SANDPEARL RESORT ON CLEARWATER BEACH 5,872,397 7 1.35% Total 204,315,985$ 39.84% 191,969,177$ 44.13% Notes: (1) Duke Energy was listed as Florida Power Corp. in 2011. (2) Frontier Florida LLC was listed as Verizon Florida LLC in 2011. Source: Pinellas County Property Appraiser Schedule 8b City of Clearwater, FloridaPrincipal Personal Property Taxpayers Current Year and Nine Years Ago 2020 2011 152 Spring TrainingFacility Water/Sewer Gas Stormwater Total PercentageFiscal Intergovernmental Capital Revenue Revenue Revenue Capital Primary of Personal PerYearRevenue BondsLeasesBondsBondsBondsLeasesGovernmentIncome (a)Capita (a)2011 10,896$ 8,722$ 182,887$ 15,826$ 39,200$ 808$ 258,339$ 5.69% 2,396$ 2012 10,300 9,058 177,013 15,035 38,409 765 250,580 5.27% 2,322 2013 9,686 8,249 170,934 14,367 37,498 512 241,246 5.10% 2,212 2014 9,053 9,260 164,714 13,554 36,249 296 233,126 4.90% 2,132 2015 8,397 14,033 159,642 12,566 34,791 279 229,708 4.52% 2,075 2016 7,717 18,035 152,866 11,563 33,257 437 223,875 4.17% 1,992 2017 7,014 21,241 150,862 10,555 31,680 1,141 222,493 4.00% 1,956.45 2018 6,273 25,211 143,377 9,905 30,057 1,150 215,973 3.63% 1,868.46 2019 5,498 17,470 135,694 9,245 28,377 838 197,122 3.13% 1,690.80 2020 4,681 19,901 130,676 8,570 22,776 1,338 187,942 * *Note: Details regarding the City's outstanding debt can be found in the notes to the financial statements.(a) See Schedule 14 for personal income and population data.* Data not available.Schedule 9Business-Type ActivitiesGovernmental ActivitiesCity of Clearwater, FloridaRatios of Outstanding Debt by TypeLast Ten Fiscal Years(amounts in thousands, except per capita)153 Percentage of General Public Service Sales Tax Actual Taxable Fiscal Obligation Tax Revenue Revenue Value of Per Year Bonds Bonds Bonds Total Property (a) Capita (b) 2011 -$ -$ -$ -$ - -$ 2012 - - - - - - 2013 - - - - - - 2014 - - - - - - 2015 - - - - - - 2016 - - - - - - 2017 - - - - - - 2018 - - - - - - 2019 - - - - - - 2020 - - - - - - (a) See Schedule 5 for property value data. (b) Population data can be found in Schedule 14. Note: Details regarding the City's outstanding debt can be found in the notes to the financial statements. Schedule 10 General Bonded Debt Outstanding City of Clearwater, Florida Ratios of General Bonded Debt Outstanding Last Ten Fiscal Years (amounts in thousands, except per capita) 154 Estimated Estimated Share of Debt Percentage Overlapping Governmental Unit Outstanding Applicable a Debt Debt repaid with property taxes -$ n/a -$ Other debt Pinellas County Government Notes 12,692 13.9% 1,769 Pinellas County Government Capital Leases 615 13.9% 86 Pinellas County School District Certificates of Participation 61,060 13.9% 8,510 Pinellas County School District State Bonds b 14 13.9% 2 Pinellas County School District Capital Leases 3,873 13.9% 540 Subtotal, overlapping debt 10,907 City direct debt 24,582 Total direct and overlapping debt 35,489$ Sources: Assessed value data used to estimate applicable percentages provided by Pinellas County Property Appraiser. Debt outstanding data is provided by each respective governmental unit. Pinellas County Government debt is reported as of September 30, Pinellas County School Board debt is reported as of June 30. Note: Overlapping governments are those that coincide, at least in part, with the geographic boundaries of the city. This schedule estimates the portion of the outstanding debt of those overlapping governments that is borne by the residents and businesses of Clearwater. This process recognizes that, when considering the city's ability to issue and repay long-term debt, the entire debt burden borne by the residents and businesses should be taken into account. a The percentage of overlapping debt applicable is estimated using taxable assessed property values. Applicable percentages were estimated by determining the portion of another governmental unit's taxable assessed value that is within the City's boundaries and dividing it by each unit's total taxable assessed value. b The School District State Bonds are secured by a pledge of the District's portion of the State-assessed motor vehicle license tax. The State's full faith and credit is also pledged for the bonds. (amounts in thousands) Schedule 11 City of Clearwater, Florida Direct and Overlapping Governmental Activities Debt As of September 30, 2020 155 Total Net Debt Applicable Total Net Debt to Limit Fiscal Debt Applicable Legal as Percentage Year Limit to Limit Debt Margin of Debt Limit 2011 1,982,900$ 232,771$ 1,750,129$ 11.74% 2012 1,911,916 224,409 1,687,507 11.74% 2013 1,904,237 215,753 1,688,484 11.33% 2014 1,955,083 208,318 1,746,765 10.66% 2015 2,057,302 204,926 1,852,376 9.96% 2016 2,170,214 199,317 1,970,897 9.18% 2017 2,307,618 199,611 2,108,007 8.65% 2018 2,466,049 193,379 2,272,670 7.84% 2019 2,676,718 182,710 2,494,008 6.83% 2020 2,852,238 170,515 2,681,723 5.98% Legal Debt Margin Calculation for Fiscal Year 2020: Assessed valuation of all real property 14,261,190$ Debt Limit (20% of assessed valuation per City Charter) 2,852,238 Debt applicable to limit: Revenue bonds 157,875$ Capital leases 21,239 Less: Amount set aside for repayment of bonded debt (8,599) 170,515 Legal debt margin 2,681,723$ Note: Per City Charter, the City's indebtedness, to include revenue, refunding, and improvement bonds shall not exceed 20 percent of the current assessed valuation of all real property located in the City. (amounts in thousands) Schedule 12 City of Clearwater, Florida Legal Debt Margin Information Last Ten Fiscal Years 156 Less: Net Fiscal Gross Operating Available Year Revenues Expenses Revenues Principal Interest Coverage 2011 1,099$ -$ 1,099$ 550$ 526$ 1.02 2012 1,098 - 1,098 570 507 1.02 2013 1,084 - 1,084 590 485 1.01 2014 1,097 - 1,097 610 463 1.02 2015 1,100 - 1,100 635 439 1.02 2016 1,095 - 1,095 660 413 1.02 2017 1,090 - 1,090 685 380 1.02 2018 1,084 - 1,084 725 343 1.01 2019 1,121 - 1,121 760 303 1.05 2020 1,101 - 1,101 805 261 1.03 Improvement Revenue Refunding Bonds (b) 2011 19,081$ -$ 19,081$ 8,540$ (c)291$ 2.16 2012 - - - - - - 2013 - - - - - - 2014 - - - - - - 2015 - - - - - - 2016 - - - - - - 2017 - - - - - - 2018 - - - - - - 2019 - - - - - - 2020 - - - - - - (a) Pledged revenues for the Spring Training Facility Revenue Bonds include payments received from the State of Florida pursuant to Section 212.20, Florida Statutes, and payments from Pinellas County, pursuant to an inter-local agreement dated December 1, 2000, along with related interest earnings. (b) Pledged revenues for the Improvement Revenue Refunding Bonds, issued October 2001, were public service taxes. Effective October 1, 2001, the Florida Legislature repealed the public service tax on communications and created a replacement communications services tax. Consequently the pledged revenues effective October 1, 2001, include both public service taxes and the new communications services taxes. (c) Principal payment in 2011 includes an additional principal payment in the amount of $8,170,000 on February 1, 2011 to redeem all outstanding principal as of that date. Debt Service Spring Training Facility Revenue Bonds (a) Schedule 13 City of Clearwater, Florida Pledged-Revenue Coverage Last Ten Fiscal Years (amounts in thousands) Page 1 of 2 157 Less: Net Fiscal Gross Operating Available Maximum Year Revenues Expenses Revenues Principal Interest Coverage Coverage (a) Water & Sewer Utility Revenue Bonds 2011 61,473$ 40,304$ 21,169$ 4,935$ 9,627$ 1.45 2012 63,743 38,479 25,264 5,190 8,008 1.91 2013 64,665 37,001 27,664 5,465 8,333 2.00 2014 68,601 44,732 23,869 5,680 8,099 1.73 2015 72,303 47,680 24,623 5,885 7,675 1.82 2016 76,164 42,131 34,033 6,375 7,260 2.50 2017 81,897 50,177 31,720 6,660 5,974 2.51 2018 83,739 46,484 37,255 6,985 5,181 3.06 2019 91,903 50,060 41,843 7,300 5,043 3.39 2020 93,603 53,539 40,064 4,190 4,723 4.50 Gas Utility Revenue Bonds 2011 37,021$ 25,934$ 11,087$ 795$ 678$ 7.53 5.16 2012 36,916 24,919 11,997 795 649 8.31 5.58 2013 37,922 27,159 10,763 825 502 8.11 5.01 2014 41,963 29,173 12,790 925 384 9.77 6.11 2015 41,961 30,407 11,554 980 358 8.64 5.52 2016 39,142 26,591 12,551 995 328 9.49 5.99 2017 40,773 27,927 12,846 1,000 297 9.90 6.13 2018 45,119 30,307 14,812 650 266 16.17 7.07 2019 47,496 32,353 15,143 660 250 16.64 7.23 2020 43,382 28,972 14,410 675 234 15.85 6.88 Stormwater Utility Revenue Bonds 2011 15,656$ 7,917$ 7,739$ 1,120$ 1,741$ 2.70 2012 16,355 8,480 7,875 1,155 1,712 2.75 2013 16,230 8,217 8,013 1,100 1,421 3.18 2014 17,256 12,553 4,703 1,300 1,186 1.89 2015 18,123 11,529 6,594 1,375 1,084 2.68 2016 18,360 9,537 8,823 1,455 1,079 3.48 2017 18,685 9,042 9,643 1,500 1,039 3.80 2018 18,451 7,844 10,607 1,550 991 4.17 2019 21,181 7,672 13,509 1,610 937 5.30 2020 17,947 8,052 9,895 5,535 (b)840 1.55 (a) Maximum debt service coverage is presented for continuing disclosure on the Gas System (b) Principal payment in 2020 includes an additional principal payment in the amount of $4,205,000 on November 1, 2019 to redeem all outstanding principal on the 2014 Stormwater Revenue Refunding Bond, a direct placement bank loan. Debt Service Revenue Bonds and is based upon the maximum annual debt service for outstanding bonds and parity bonds. Schedule 13 (continued) City of Clearwater, Florida Pledged-Revenue Coverage Last Ten Fiscal Years (amounts in thousands) Page 2 of 2 158 Year Population (a) Personal Income (thousands of dollars) Per Capita Personal Income (b) Median Age (c) School Enrollment (d) Unemployment Rate (e) 2011 107,805 4,542,471$ 42,136$ 46.3 14,375 9.7% 2012 107,906 4,756,281 44,078 46.5 14,210 7.9% 2013 109,065 4,726,441 43,336 46.8 14,010 6.6% 2014 109,340 4,754,759 43,486 47.0 14,160 5.9% 2015 110,679 5,084,704 45,941 47.5 14,132 5.0% 2016 112,387 5,364,344 47,731 47.8 14,000 4.7% 2017 113,723 5,568,788 48,968 47.6 13,652 3.9% 2018 115,589 5,947,516 51,454 48.5 13,207 3.3% 2019 116,585 6,306,083 54,090 48.1 12,523 2.9% 2020 118,017 * * * 11,789 5.7% (a) (b) (c) (d) (e) Note: * Data not available. Data is the latest published annual data available for an unspecified point in each year, not specifically September 30. Schedule 14 City of Clearwater, Florida Demographic and Economic Statistics Last Ten Fiscal Years Per capita personal income data for Pinellas County for 2011-2016 is from the University of Florida, Bureau of Economic and Business Research. Median household income data for 2017-2019 is from the U.S. Census Bureau, American Community Survey. Population data for the City of Clearwater is from the University of Florida, Bureau of Economic and Business Research. Median age data for Pinellas County for 2011-2016 is from the University of Florida, Bureau of Economic and Business Research. Data for 2017-2019 is from the U.S. Census Bureau, American Community Survey. School enrollment data for public schools located within the City of Clearwater is from the Pinellas County School District. Unemployment data for the Tampa-St. Petersburg-Clearwater Metropolitan Statistical Area for September of each year is from the Bureau of Labor Statistics. 159 Employer Employees Rank Percentage of Total County Employment Employees Rank Percentage of Total County Employment Pinellas County School District 15,000 1 3.23% 17,060 1 4.07% Publix 7,000 2 1.51% Pinellas County Board of County Commissioners 5,900 3 1.27% 2,693 4 0.64% Raymond James Financial 4,000 4 0.86% 2,500 8 0.60% Bay Pines VA Medical Center 3,600 5 0.78% 4,581 2 1.09% City of St. Petersburg 3,500 6 0.75% 3,178 3 0.76% Walmart 3,000 7 0.65% Johns Hopkins Medical 3,000 8 0.65% Morton Plant Hospital 2,900 9 0.63% 2,600 7 0.62% St. Petersburg College 2,800 10 0.60% 2,478 9 0.59% All Children's Hospital 2,600 6 0.62% Bayfront Medical Center 2,100 10 0.50% Pinellas County Sheriff 2,646 5 0.63% Total Employment b 463,958 418,950 a Data is for Pinellas County. City data is not available. b Source: Florida Research and Economic Database and Pinellas County Department of Economic Development. 2020b 2011 Schedule 15 City of Clearwater, Florida Principal Employersa Current Year and Nine Years Ago 160 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 Function/Program General government 306.0 289.7 290.3 282.3 281.8 287.3 295.9 298.8 301.3 301.3 Public safety: Fire 205.0 201.0 201.0 201.0 201.0 201.0 204.0 204.0 205.0 204.0 Police 363.2 366.1 364.3 364.5 364.0 362.5 367.5 373.3 373.3 374.3 Physical environment 60.0 34.0 34.0 21.0 21.0 21.0 21.0 21.0 21.0 21.0 Transportation 21.0 21.0 21.0 34.0 34.0 34.0 35.0 35.0 35.0 36.0 Economic environment 11.0 9.0 9.0 10.0 10.0 12.0 10.4 11.0 11.0 11.0 Culture and recreation: Library 73.2 73.6 73.6 73.6 74.4 81.4 82.3 85.1 84.0 84.0 Parks & Rec 184.1 197.7 197.2 202.5 204.6 209.7 219.0 241.4 240.9 240.9 Water & Sewer Utility 166.0 167.0 167.0 176.0 184.0 187.0 188.0 196.0 196.0 196.0 Gas Utility 77.0 79.0 83.0 83.0 87.0 92.0 104.0 110.0 110.0 110.0 Solid Waste Utility 112.0 112.2 112.2 111.5 111.5 111.5 111.5 111.5 111.5 111.5 Stormwater Utility 47.0 48.0 50.0 49.0 49.0 52.0 52.0 52.0 52.0 52.0 Recycling 22.3 22.3 22.3 22.0 22.0 22.0 22.0 22.0 22.0 22.0 Marine 22.0 23.0 23.0 24.6 24.6 27.7 28.3 18.6 18.9 18.9 Clearwater Harbor Marina 5.6 5.6 5.6 5.6 5.6 6.7 6.7 6.7 6.3 6.5 Aviation 1.4 1.4 1.4 1.4 1.4 1.4 1.4 1.4 1.6 1.6 Parking System 31.6 30.8 30.6 33.7 33.7 35.8 41.3 44.8 44.8 45.6 Total 1,708.4 1,681.4 1,685.5 1,695.7 1,709.6 1,745.0 1,790.3 1,832.6 1,834.6 1,836.6 Source: City of Clearwater Office of Management and Budget Schedule 16 City of Clearwater, Florida Full-time Equivalent City Government Employees by Function/Program Last Ten Fiscal Years 161 2011 2012 2013 20142015 2016 2017 2018 2019 2020Function/ProgramGeneral government: Planning Commercial building permits issued 1,400 1,803 2,065 1,988 1,854 1,706 1,757 1,902 2,425 1,931 Residential building permits issued 5,102 4,941 4,985 5,756 6,546 6,987 9,134 8,702 8,856 8,536 Public safety: Police Average officer training hours 75 83 83 85 120 115 150 194 170 82.45Total volunteer training hours 355 385 412 286 246 1034 58 679 209 144.3 Fire Percentage of fire responses under 7.5 minutes 92% 95% 91% 93% 93% 91% 89% 89% 89% 82%Physical environment Square feet of sidewalks repaired/constructed 45,169 45,416 28,036 23,651 35,611 36,694 48,075 39,335 41,268 33,658 Transportation Miles of roadway resurfaced 8 8 0 8 15 15 6 17 18 12Economic environment Code enforcement cases brought to compliance 4,346 4,664 4,905 4,431 4,458 4,736 4,771 4,642 4,561 5,187 Human services City employees that mentor in area schools 18 20 19 6 5 16 13 17 20 0Culture and recreation: Library system Library visits 833,036 820,000 836,919 600,148 636,006 562,387 522,014 582,315 625,411 389,063 Circulation 1,087,976 1,058,038 1,099,988 1,019,984 987,430 869,469 891,597 857,232 865,987 742,493 Parks and recreation Recreation center visitations 759,807 738,577 719,393 517,378 696,094 714,657 689,750 708,562 718,261 386,282 Athletic program visitations 515,665 541,433 1,108,644 989,570 1,066,767 1,093,090 1,104,126 916,355 1,054,200 859,860 Water and Sewer Utility:Water customers 41,391 41,988 43,500 43,704 44,236 44,743 45,275 45,486 45,587 45,760 Volume of water pumped (million gallons/day) 11.32 10.90 11.00 12.10 12.10 11.70 11.90 11.40 11.20 11.90 Sewer customers 33,063 33,093 33,405 33,564 33,390 33,763 33,947 34,111 34,183 34,442 Miles of sewers cleaned 215 230 229 197 172 160 251 161 109 138Gas Utility:Number of customers 19,807 20,029 20,313 20,719 21,049 21,566 22,532 23,893 25,552 27,417 Solid Waste Utility:Solid waste tonnage collected and disposed 112,936 114,317 116,830 113,218 117,214 124,917 123,425 122,890 127,008 118,461 Stormwater Utility:Number of equivalent residential units 100,125 100,461 98,195 100,629 101,663 102,798 103,742 104,105 104,621 105,161 Recycling Utility:Marketable tons recycled 9,250 8,605 8,143 11,716 12,079 13,467 13,438 11,503 4,169 3,275 * Note: No operating indicators are available for marine, aviation, parking and Clearwater Harbor Marina functions.Schedule 17City of Clearwater, FloridaOperating Indicators by Function/ProgramLast Ten Fiscal Years162 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 Function/Program Public safety Fire Stations 8 8 8 8 8888 8 8 8 Police Stations 5 6 6 6 6777 6 6 6 Transportation Paved streets (miles) 314 315 316 316 320 321 322 322 324 327 327 Culture and recreation Library system Volumes in collection (thousands) 606 601 598 581 582 564 519 528 469 473 439 Parks and recreation Parks acreage 1427 1427 1427 1427 1453 1455 1457 1457 1457 1457 1457 Recreational paths (miles) 16 16 16 16 18 22 22 22 22 22 22 Playgrounds 29 27 27 27 27 27 27 26 26 26 26 Baseball and softball fields 32 32 32 34 32 32 32 32 32 32 32 Soccer and football fields 20 20 20 18 20 20 20 21 21 21 21 Recreation centers 6 5 5 5 5555 6 6 6 Water & Sewer Utility Water mains (miles) 592 592 591 590 597 589 588 585 583 586 596 Sanitary sewer mains (miles) 363 363 363 363 364 364 369 370 370 370 372 Daily treatment capacity (millions of gallons)29 29 29 29 29 29 29 29 29 29 29 Gas Utility Gas mains (miles) 826 830 843 849 862 884 908 930 965 994 1,021 Stormwater Utility Stormwater mains (miles) 148 148 150 150 151 153 154 154 154 154 155 Marine Boat slips 207 207 203 189 189 189 189 189 189 190 199 Clearwater Harbor Marina Boat slips 126 126 126 126 126 126 126 126 126 126 127 Aviation Airpark spaces 177 177 177 177 177 177 177 177 177 177 174 Parking system Parking spaces 3297 2475 a 2460 2319 2232 2312 2302 2345 2462 b 3073 3108 a The decrease in parking spaces for fiscal 2011 was due to the loss of Sand Key Park and a management decision to not charge for certain lots. b The increase in parking spaces for fiscal 2019 was due primarily to the addition of spaces at the Seminole Boat Ramp and the North Beach Parking Plaza. Sources: Various city departments Note: No capital asset indicators are available for the general government, physical environment, economic environment, human services, solid waste and recycling functions. Schedule 18 City of Clearwater, Florida Capital Asset Statistics by Function/Program Last Ten Fiscal Years 163 164 This Page Intentionally Left Blank 165 Other Information 166 Page 1 of 5 City of Clearwater, Florida Continuing Disclosure – Gas System Revenue Bonds Series 2013 and 2014 The System: Rates, Fees and Charges The City Council has established a schedule of rates and charges by ordinance, which includes a purchased gas cost adjustment provision allowing the City to pass-through to customers any increase or decrease in the purchased price of gas. The City is not subject to regulation by any State agency in establishing or revising its rates. Where competitive fuel sources or transportation service are available to the customer, the City Council has authorized the City Manager to enter into contract gas service rates at special rates and/or conditions as required to obtain/retain the customer load. Such contract service must meet the normal construction feasibility formula to insure profitable payback to the City. For the fiscal year ending September 30, 2020, contract rates applied to an average of 180 customer accounts per month and impacted 6.0% of total revenues. The rates charged by the System through September 30, 1996, were part of the Phase I Gas Rate Case implemented October 1, 1995, which was based on a comprehensive cost of service study performed by the Utility Advisory Services Group of the international accounting firm of Coopers & Lybrand, LLP (the “Rate Study”). This Phase I implementation resulted in an extensive overhaul of the Gas System customer rates, providing numerous classes of service and a modernized billing methodology. The new rates, effective October 1, 1996, were designed to be industry-based and responsive to the competitive energy challenges. The goal of the Rate Study was to establish rates which would be fair to all classes of customers, provide funding to implement planned expansion in both existing northern Pinellas County services area and into the newly acquired southwestern Pasco service area, and provide an adequate growth potential in return to the City of Clearwater to further offset the ad valorem tax rates (current impact is about 0.5 mills). As the result of experiences during the first seven months of the Phase I implementation, adjustments made to the Phase II rates were implemented October 1, 1996, and additional adjustments (Phase III) were implemented effective October 1, 1997. The total projected impact of both new phases of the rate case was $1.05 million, or less than 7.9% of total gas sales revenues. The rate ordinance containing the Phase II and Phase III rate changes was approved by the City Council on June 6, 1996. Gas rates for customer charges were increased effective April 1, 2005. The total estimated annual impact of this rate increase was $373,352. New rates, effective October 1, 2008, were designed to recover the costs of providing service to respective classes of customers. The goal of the “Cost of Service and Rate Study” was to establish rates which would be sufficient to meet Clearwater Gas System’s total revenue requirements and reflect cost of service consideration and practical rate implementation constraints as required. CLEARWATER GAS SYSTEMNATURAL GAS RATE BILLING FACTORSFOR JUNE 1, 2020 - SEPTEMBER 30, 2020 BASED ON APPROVED GAS ADJUSTMENT FACTORSInterr. Contract Firm Natural Gas Rate Schedules NG RateNG Rate RS SMF MMF LMF SGS MGS LGS RAC GAC LAC SL SL w/M& NGV NSS IS CNS Relight(Non-Resl) (Non-Resl)Applicable Annual Therm Range NA (1 - NA (4 + NA (4 + NA (4 + 0 - 18,000- 100,000 NA (1 - NA (0 - NA (150 NA NA NA NA0NA or Other Rate Determinant 3 Units) Units) Units) Units) 17,999 99,999 & up 3 Units) 149 tons) tons & +)& upMonthly Customer Charge $12.00 $25.00 $40.00 $95.00 $25.00 $40.00 $95.00 $12.00 $25.00 $40.00 $20.00 $20.00 By Contract $50.00 By Contract(For Central Pasco Territory) ($20.00) ($40.00) ($70.00) ($160.00) ($40.00) ($70.00) ($160.00) ($20.00) ($40.00) ($70.00) ($30.00) ($30.00) (By Contract) ($75.00) (By Contract)if not prev. if not prev. if not prev.Non-Fuel Energy Charge/Thermbilled billed billedNon-Fuel Energy Charge $0.44 $0.44 $0.44 $0.44 $0.42 $0.38 $0.34 $0.20 $0.15 $0.10 $0.20 $0.35 By Contract $0.42 By ContractEnergy Conservation Adj. (ECA) 0.20 0.20 0.20 0.20 0.20 0.20 0.20 NA NA NANA NANA NAANARegulatory Imposition Adj. (RIA) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 NA NANANANANA NAANAUsage & Inflation Adj. (UIA)0.090.090.090.090.080.080.08NANANANANANANAANATotal Non-Fuel Energy Charge$0.73 $0.73 $0.73 $0.73 $0.70 $0.66 $0.62 $0.20 $0.15 $0.10 $0.20 $0.35By Contract$0.42By ContractPurchased Gas Adjustment (PGA)0.710.710.710.710.710.710.710.710.710.710.710.710.610.710.61Total Energy Charge/Therm1.44 1.44 1.44 1.44 1.41 1.37 1.33 0.91 0.86 0.81 0.91 1.06 0.61 1.13 0.61+ Non-Fuel + Non-FuelMinimum Monthly Bill $12.00 $25.00 $40.00 $95.00 $25.00 $40.00 $95.00 $12.00 $25.00 $40.00 $20.00 $20.00 By Contract $50.00 Customer(For Central Pasco Territory) ($20.00) ($40.00) ($70.00) ($160.00) ($40.00) ($70.00) ($160.00) ($20.00) ($40.00) ($70.00) ($30.00) ($30.00) (By Contract) ($75.00) Charge +@ premise @ premise @ premise + FAC + FAC + FAC + FAC + Non-Fuel ThermNon-Fuel ThermRate for Contract Rate for Contract# of Therms # of ThermsCompares to LP/Gallon Rate of1.32$ 1.32$ 1.32$ 1.32$ 1.29$ 1.25$ 1.22$ 0.83$ 0.79$ 0.74$ 0.83$ 0.97$ 0.56$ 1.03$ with 6.0% Franchise1.40$ 1.40$ 1.40$ 1.40$ 1.37$ 1.33$ 1.29$ 0.88$ 0.83$ 0.79$ 0.88$ 1.03$ 0.59$ 1.10$ Change from 9/2014 Therm Rate(0.31)$ (0.31)$ (0.31)$ (0.31)$ (0.30)$ (0.28)$ (0.26)$ (0.23)$ (0.23)$ (0.23)$ (0.23)$ (0.23)$ (0.24)$ (0.27)$ (0.24)$ % Change from 9/2014 Therm Rate-13.7% -13.7% -13.7% -13.7% -14.0% -13.4% -12.8% -12.2% -12.6% -12.9% -12.2% -11.6% -13.5% -12.6% -16.4%Utility Tax Note:Fuel Rate per Therm 10/01/1973 $0.069 $0.000 $0.000 $0.000 $0.000 $0.000 $0.000 $0.000 $0.000 $0.000 $0.000 $0.000 $0.000 $0.000 $0.000Non-Utility Taxable Fuel/Therm $0.641 $0.710 $0.710 $0.710 $0.710 $0.710 $0.710 $0.710 $0.710 $0.710 $0.710 $0.710 $0.610 $0.710 $0.610BTU FACTOR = THERMS/100 CUBIC FEET (CCF) 10/201911/201912/201901/202002/202003/202004/202005/202006/202007/202008/202009/2020FY 19/20 Avg.Firm Service Rates 1.045 1.046 1.047 1.045 1.045 1.047 1.046 1.047 1.0461.044 1.042 1.0451.045416667Interruptible Service Rates 1.025 1.026 1.026 1.024 1.024 1.027 1.025 1.027 1.026 1.024 1.022 1.0241.025City of Clearwater, Florida Continuing Disclosure - Gas System Revenue Bonds Page 2 of 5 Series 2013 and 2014__________________________________________________________ 167 Page 3 of 5 Table 1 Breakdown of Transportation Capacity Phase II (FTS-1) Phase III (FTS-2) Total MMBtu Per Day MMBtu Per Day MMBtu Contract Period 2/01/17 - 1/31/27 2/1/14 - 2/28/25 Per Day October 170,438 41,788 212,226 Nov-Mar 1,543,069 268,931 1,812,000 April 216,570 53,430 270,000 May-Sept 711,756 206,244 918,000 Total Annual 2,641,833 570,393 3,212,226 The two natural gas transmission companies that serve within the State of Florida are Florida Gas Transmission (FGT) and Gulfstream. Currently FGT is the sole provider of transportation service to the City. FGT is owned by Citrus Corp. Citrus Corp is owned 50% by Energy Transfer Partners, LLC AND 50% by Kinder Morgan, Inc. FGT is operated by Panhandle Energy, a subsidiary of Energy Transfer Partners. The City joined Florida Gas Utility (FGU) in October 2000 by Resolution 00-35. FGU is responsible for the purchase & management of the City's natural gas supply. An updated All Requirements Gas Service Agreement, which was approved by Resolution 02-02 in January 2002, required the City to purchase 100% of its supply through FGU. FGU was formed through an Interlocal Agreement among its members. The Interlocal Agreement became effective on September 1, 1989 and consisted of five municipal utilities. Over the next several years, additional electric and gas distribution utilities joined FGU, bringing its current membership to 24. In addition, the City has entered into a Gas Supply & Transportation Agreement with Peoples Gas System (PGS), dated 12/02/04, to purchase natural gas to serve customers located in our Central Pasco territory, generally east of the Suncoast Parkway in Pasco County. The City received a letter from FGU Council, dated 8/31/04, granting the City permission to utilize TECO Peoples Gas as a third party gas supplier since FGU is unable and unwilling to provide gas to the City within the meaning of the provisions of Section 3 (a)(i) and (ii) of the All Requirements Gas Service Agreement between the City and FGU. The City has two Firm Transportation Service agreements (FTS-1 & FTS-2) with FGT in order to deliver natural gas to the City's four gate stations. FGU is currently managing the City's Phase II (FTS-1) and Phase III (FTS-2) transportation capacity on a daily basis. Table 1 shows the breakdown of the City's annual gas supply entitlements with FGT. The total annual entitlement is 3,212,226 decatherms of natural gas transportation. City of Clearwater, Florida Continuing Disclosure - Gas System Revenue Bonds Series 2013 and 2014 GAS SUPPLY On August 1, 1990, the Federal Energy Regulatory Commission (FERC) deregulated the natural gas pipeline industry. This allows other natural gas suppliers and local distribution companies, like the City of Clearwater, to transport gas over the Florida Gas Transmission (FGT) pipelines as opposed to purchasing natural gas supply from only FGT. 168 169 Page 4 of 5 City of Clearwater, Florida Continuing Disclosure – Gas System Revenue Bonds Series 2013 and 2014 Service Area The Clearwater Gas System (CGS) is owned and operated as an enterprise utility by the City of Clearwater. CGS operates over 1,020.6 miles of underground gas main and handles the supply and distribution of both natural and propane (LP) gas throughout northern Pinellas County and western Pasco County. As a “full service” gas utility, CGS provides gas appliance sales, installation of inside customer gas piping, domestic and commercial gas equipment service, construction and maintenance of underground gas mains and service lines, and 24-hour response to any gas emergency within the service area. The Florida Public Service Commission and the Federal Department of Transportation regulate CGS for safety. CGS has been serving customers in the Clearwater area for over 97 years (since 1923) when operations began with a manufactured gas plant operation from coal and coke. In 1959, when natural gas transmission lines were finally extended to the Florida peninsula, CGS discontinued manufacturing gas and began receiving piped natural gas from Florida Gas Transmission. Clearwater Gas System serves over 28,423 customers in a 330 square mile service territory, which includes 20 municipalities as well as the unincorporated areas of northern Pinellas County and western Pasco County. The Pinellas County service territory is 158 square miles and extends generally from Ulmerton and Walsingham Roads on the south to the Pasco County line on the north and from the Gulf of Mexico on the West to the Hillsborough County line on the east. This includes all of the Pinellas beach communities south to Redington Beach. The Pasco County service territory is 172 square miles and extends from the Gulf of Mexico on the West inland about 20 miles to just east of State Road 41 and Land O’ Lakes and from the Pinellas and Hillsborough County lines on the South to generally State Road 52 on the north. The CGS service territory extends 42.3 miles from the southwestern-most to the northwestern-most points. Clearwater Gas System prides itself in being a competitive and public service-minded utility, providing safe, economical and environmentally-friendly gas, which is made in America, available in our communities for all of the homes and businesses in our service area, with special focus on the residential customers who make up 91% of our customer base. Page 5 of 5 City of Clearwater, Florida Continuing Disclosure - Gas System Revenue Bonds Series 2013 and 2014 Location Meters Percentage Belleair 544 2.07% Belleair Beach 253 0.96% Belleair Bluffs 44 0.17% Belleair Shores 34 0.13% Clearwater 7,456 28.37% Dunedin 1,505 5.73% Indian Rocks Beach 179 0.68% Indian Shores 153 0.58% Largo 1,172 4.46% Madeira Beach 1 0.00% New Port Richey 75 0.29% North Redington Beach 71 0.27% Oldsmar 154 0.59% Port Richey 18 0.07% Redington Beach 208 0.79% Redington Shores 103 0.39% Safety Harbor 728 2.77% Tarpon Springs 1,614 6.14% Unincorporated Areas Pasco 5,525 21.03% Central Pasco 3,025 11.51% Unincorporated Areas Pinellas 3,415 13.00% Total 26,277 100.00% Peak Monthly % of Gross Customer Name Therms Revenues New Port Richey Hospital Inc 79,286.3 2.14% Ajax Paving Industries 177,867.7 2.03% CNG Filling Station 58,732.7 1.79% Morton Plant Hospital 106,424.3 1.69% Largo Medical Center 49,301.1 1.35% Average No. Gas Gas Customers Volume Sales Interruptible (including CNG Station) 20 32.28% 15.18% Residential 23,741 17.37% 29.78% Commercial (excluding CNG Station) 2,516 50.36% 55.04% Therms Revenues Interruptible (including CNG Station) 8,082,642.3 5,319,140$ Residential 4,349,362.7 10,437,469 Commercial (excluding CNG Station) 12,610,456.6 19,286,850 Totals 25,042,461.6 35,043,459$ As of September 30, 2019 the System's active natural gas customers were located as shown in the following table: The following table shows the five largest interruptible customers by peak monthly consumption and the percent of the System's revenues derived from such customers during the 12 months ending September 30, 2020: The following table shows the breakdown of the System's customers by category as well as the volume of gas sold and the sales revenues generated by each category for the year ended September 30, 2020: 170 171 Page 1 of 3 City of Clearwater, Florida Continuing Disclosure – Water and Sewer Revenue Refunding Bonds Series 2011, 2017, 2017B and 2020 Historical Financial Information Water System: Source and Volume of Water Pumped (in million gallons per day, averaged over the fiscal year) FY City Wells County Total 2016 8.0 3.7 11.7 2017 6.8 5.1 11.9 2018 6.4 5.0 11.4 2019 6.9 4.3 11.2 2020 7.7 4.2 11.9 Historical Growth in Number of Water Customers (all figures are as of September of the year indicated) Potable Reclaimed Total Water Water Water Service Service Service FY Customers Customers Customers 2016 37,302 7,441 44,743 2017 37,598 7,677 45,275 2018 37,773 7,713 45,486 2019 37,848 7,739 45,587 2020 37,951 7,809 45,760 Ten Largest Water Customers Fiscal Year Ending September 30, 2020 Water Used Revenues Name of User (in 100 Cubic Feet) Produced 1. CITY OF CLEARWATER 81,301 1,254,734$ 2. CHURCH OF SCIENTOLOGY 129,037 1,010,395 3. MORTON PLANT HOSPITAL 105,522 989,738 4. PINELLAS COUNTY SCHOOLS 27,742 451,322 5. PINELLAS COUNTY GOVERNMENT 15,720 273,409 6. MADISON PLACE CLEARWATER 29,325 220,632 7. BW CW HOSPITALITY (Hyatt) 22,679 215,513 8. K&P CLEARWATER ESTATE (Wyndham) 21,991 206,272 9. SHERATON SAND KEY 26,864 188,577 10. CCRC-REGENCY OAKS 27,501 181,595 487,682 4,992,187$ Reclaimed Water System: Average Daily Flow Year MGD 2016 5.2 2017 6.4 2018 5.5 2019 5.7 2020 6.1 172 Page 2 of 3 City of Clearwater, Florida Continuing Disclosure – Water and Sewer Revenue Refunding Bonds Series 2011, 2017, 2017B and 2020 Sewer System: Average Sewage Flow and Historical Growth in Number of Sewer Customers (as of September of the year indicated) Sewer Year Flow in MGD Customers 2016 13.5 33,763 2017 12.5 33,947 2018 12.5 34,111 2019 12.8 34,183 2020 12.7 34,442 Ten Largest Sewer Customers Fiscal Year Ending September 30, 2020 Sewer Used Revenues Name of User (in 100 Cubic Feet) Produced 1. MORTON PLANT HOSPITAL 90,720 938,677$ 2. CHURCH OF SCIENTOLOGY 92,716 784,580 3. CITY OF CLEARWATER 33,070 741,349 4. PINELLAS COUNTY SCHOOLS 24,962 563,993 5. PINELLAS COUNTY GOVERNMENT 11,119 257,279 6. CCRC-REGENCY OAKS 27,458 242,970 7. SHERATON SAND KEY 26,864 242,799 8. CP CLEARWATER (Hilton) 26,045 237,494 9. MADISON PLACE CLEARWATER 29,325 234,917 10. BW CW HOSPITALITY (Hyatt) 19,044 227,516 381,323 4,471,574$ Rates, Fees and Charges The City uses a three-tiered rate structure for water and sewer usage. The base rate for water includes a minimum usage for residential and nonresidential water rates. Any usage over the minimum is billed at one rate per 1,000 gallons up to a designated level and at a second rate for usage over that level. For irrigation, there is a base rate, with no usage allowance, and a charge per 1,000 gallons of water usage up to a designated level and a higher charge for usage over that amount. The sewer base rate includes a minimum usage and a fixed charge per 1,000 gallons of water usage over the basic allowance. The minimum usage and second and third tier usage levels vary with the size of the meters. For fiscal year 2020 there were no changes to the three-tiered rate structure for water or sewer usage. 173 Page 3 of 3 City of Clearwater, Florida Continuing Disclosure – Water and Sewer Revenue Refunding Bonds Series 2011, 2017, 2017B and 2020 Residential and October 1, October 1, October 1, October 1, October 1, Nonresidential Water Rates 2016 2017 2018 2019 2020 Minimum - Under 1 inch 20.16$ 21.42$ 22.29$ 23.16$ 24.09$ 1 inch 47.04 49.98 52.01 54.04 56.21 1.5 inch 672.00 714.00 743.00 772.00 803.00 2 inch 1,565.76 1,663.62 1,731.19 1,798.76 1,870.99 3 or 2 inch manifold 2,412.48 2,563.26 2,667.37 2,771.48 2,882.77 4 inch 4,643.52 4,933.74 5,134.13 5,334.52 5,548.73 6 inch 11,928.00 12,673.50 13,188.25 13,703.00 14,253.25 8 inch 20,160.00 21,420.00 22,290.00 23,160.00 24,090.00 Additional charges are assessed for usage in excess of designated minimums. Size of Meter Rates for Irrigation October 1, October 1, October 1, October 1, October 1, (Lawn) Meters 2016 2017 2018 2019 2020 Minimum - Under 1 inch 7.19$ 7.64$ 7.94$ 8.26$ 8.59$ 1 inch 21.58 22.93 23.85 24.80 25.79 1.5 inch 107.97 114.72 119.31 124.08 129.04 2 inch 302.32 321.22 334.06 347.43 361.32 3 or 2 inch manifold 597.42 634.76 660.15 686.56 714.02 4 inch 1,151.67 1,223.65 1,272.60 1,323.50 1,376.44 6 inch 3,476.61 3,693.90 3,841.65 3,995.32 4,155.13 Size of Meter October 1, October 1, October 1, October 1, October 1, Sewer Rates 2016 2017 2018 2019 2020 Minimum - Under 1 inch 27.75$ 29.49$ 30.66$ 31.89$ 33.18$ 1 inch 64.75 68.81 71.54 74.41 77.42 1.5 inch 925.00 983.00 1,022.00 1,063.00 1,106.00 2 inch 2,155.25 2,290.39 2,381.26 2,476.79 2,576.98 3 or 2 inch manifold 3,320.75 3,528.97 3,668.98 3,816.17 3,970.54 4 inch 6,391.75 6,792.53 7,062.02 7,345.33 7,642.46 6 inch 16,418.75 17,448.25 18,140.50 18,868.25 19,631.50 8 inch 27,750.00 29,490.00 30,660.00 31,890.00 33,180.00 Per 1,000 gallons of water used over the allowed minimum 9.25 9.83 10.22 10.63 11.06 Size of Meter Additional Indebtedness No additional indebtedness was incurred for capital improvements to the water and sewer systems. Additional indebtedness in the amount of $836,576 was incurred for the lease purchase of capital equipment. 174 Page 1 of 1 City of Clearwater, Florida Continuing Disclosure – Stormwater System Revenue Refunding Bonds Series 2012 and 2013 Rates, Fees, and Charges The City uses a measurement of one equivalent residential unit or ERU as the basis for the stormwater management utility fee. The rates per ERU from the inception of the utility are as follows: Effective Date Rate per ERU Effective Date Rate per ERU January 1, 1991 $3.00 October 1, 2009 $11.80 October 1, 1998 4.00 October 1, 2010 12.51 October 1, 1999 4.17 October 1, 2011 13.04 October 1, 2000 4.35 October 1, 2012 13.40 October 1, 2001 4.54 October 1, 2013 13.77 January 1, 2002 6.13 October 1, 2014 14.15 October 1, 2002 7.16 October 1, 2015 14.33 October 1, 2003 8.01 October 1, 2016 14.51 October 1, 2004 8.65 October 1, 2017 14.58 October 1, 2005 9.35 October 1, 2018 14.65 October 1, 2006 9.71 October 1, 2019 13.40 October 1, 2007 10.51 October 1, 2020 13.40 October 1, 2008 11.14 October 1, 2021 13.40 Single-family homes, multifamily units, condominium units, apartments and mobile homes are rated as one ERU per dwelling unit. Nonresidential property is charged at the rate of 1,830 square feet of impervious area per ERU. HISTORICAL NET REVENUES 2016 2017 2018 2019 2020 Net Operating Revenues (Excluding Depreciation) 8,386,312$ 9,528,117$ 10,611,921$ 11,721,958$ 9,090,521$ Interest Income and other Non-operating Revenues (Expenses) 437,129 114,729 (4,642) 1,786,699 804,165 Total Net Revenues 8,823,441$ 9,642,846$ 10,607,279$ 13,508,657$ 9,894,686$ Maximum Annual Debt Service 2,568,762$ 2,568,762$ 2,568,762$ 2,568,762$ 2,175,028$ Coverage 3.43 3.75 4.13 5.26 4.55 175 City of Clearwater, Florida Fire Services Program Pursuant to agreements between the City of Clearwater, the Pinellas County Fire Authority and the Pinellas County Emergency Medical Services Authority, the City has provided fire and emergency medical services to the respective authorities. With respect to fire services, the services are provided for the benefit of properties located outside the corporate limits of the City, but within a designated service area. Emergency medical services are provided for the benefit of persons residing both inside and outside the corporate limits of the City, based on the Authority's nearest unit dispatch policy. With respect to the Fire Services Program, a budget was prepared by Fire Department personnel covering proposed expenditures for fiscal year ending September 30, 2020, for the Fire Department as a whole. Since the funding for the Emergency Medical Services Program is based on the level fixed in prior years, the Fire Services Program budget is essentially the residual obtained by deducting the approved level of funding for the Emergency Medical Services Program from the budgeted amounts included in the total Fire Department budget. This budget was submitted to, and duly approved by, the relevant Authority prior to the commencement of the fiscal year. Income received from Pinellas County Fire Protection Authority and valid program expenditures for the Fire Services Program for the fiscal year ended September 30, 2020 are summarized below. Total Revenue Received from Pinellas County Fire Protection Authority 2,083,813$ Total Fire Service Expenditures for Fiscal Year Ended September 30, 2020 2,260,759$ The Fire Service Program does not currently utilize an equipment reserve. Amount Amount Received Expended in the in the 2014-15 2019-20 Source Fiscal Year Fiscal Year British Petroleum: Agreement No. Not Applicable $6,480,352 $2,878,397 City of Clearwater, Florida Note: This does not include funds related to the Deepwater Horizon Oil Spill that are considered Federal awards or State financial assistance. The City did not receive funds that were considered Federal funds or State financial assistance related to the Deepwater Horizon Oil Spill. Schedule of Receipts and Expenditures of Funds Related to the For the Fiscal Year Ended September 30, 2020 Deepwater Horizon Oil Spill 176 177 Single Audit / Grants Compliance 178 This Page Intentionally Left Blank Carr, Riggs & Ingram, LLC 600 Cleveland Street Suite 1000 Clearwater, FL 33755 727.446.0504 727.461.7384 (fax) CRIcpa.com INDEPENDENT AUDITOR’S REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS To the Honorable Mayor and City Council Members City of Clearwater, Florida We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the governmental activities, the business- type activities, each major fund, and the aggregate remaining fund information of the City of Clearwater, Florida (the “City”), as of and for the year ended September 30, 2020, and the related notes to the financial statements, which collectively comprise the City’s basic financial statements and have issued our report thereon dated April 9, 2021. We have also audited the financial statements of each of the City’s nonmajor governmental funds, nonmajor enterprise funds, internal service funds, and fiduciary funds presented as supplementary information in the accompanying combining and individual fund statements as of and for the year ended September 30, 2020, as listed in the table of contents. Internal Control over Financial Reporting In planning and performing our audit of the financial statements, we considered the City’s internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of City’s internal control. Accordingly, we do not express an opinion on the effectiveness of the City’s internal control. Our consideration of internal control was for the limited purpose described in the preceding paragraph and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies and therefore, material weaknesses or significant deficiencies may exist that have not been identified. However, as described in the accompanying schedule of findings and questioned costs, we did identify certain deficiencies in internal control that we consider to be material weaknesses and significant deficiencies. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control such that there is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented, or detected and corrected, on a timely basis. We consider the deficiency described in the accompanying schedule of findings and questioned costs as item 2020-001 to be a material weakness. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. We consider the deficiency described in the accompanying schedule of findings and questioned costs as item 2020-002 to be a significant deficiency. Compliance and Other Matters As part of obtaining reasonable assurance about whether the City’s financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. 179 However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed instances of noncompliance or other matters that are required to be reported under Government Auditing Standards and which are described in the accompanying schedule of findings and questioned costs as items 2020-001 and 2020-002. City of Clearwater, Florida’s Response to Findings The City’s response to the findings identified in our audit is described in the accompanying schedule of findings. The City’s response was not subjected to the auditing procedures applied in the audit of the financial statements and, accordingly, we express no opinion on it. Purpose of this Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose. CARR, RIGGS & INGRAM, LLC Clearwater, Florida April 9, 2021 180 Carr, Riggs & Ingram, LLC 600 Cleveland Street Suite 1000 Clearwater, FL 33755 727.446.0504 727.461.7384 (fax) CRIcpa.com INDEPENDENT AUDITOR’S REPORT ON COMPLIANCE FOR EACH MAJOR PROGRAM AND ON INTERNAL CONTROL OVER COMPLIANCE REQUIRED BY THE UNIFORM GUIDANCE AND CHAPTER 10.550, RULES OF THE AUDITOR GENERAL To the Honorable Mayor and City Council Members City of Clearwater, Florida Report on Compliance for Each Major Federal Program and State Project We have audited the City of Clearwater, Florida’s (the “City”) compliance with the types of compliance requirements described in the OMB Compliance Supplement and the requirements described in the Department of Financial Services’ State Projects Compliance Supplement that could have a direct and material effect on each of the City’s major federal programs and state projects for the year ended September 30, 2020. The City’s major federal programs and state projects are identified in the summary of auditor’s results section of the accompanying schedule of findings and questioned costs. Management’s Responsibility Management is responsible for compliance with federal and state statutes, regulations, and the terms and conditions of its federal and state awards applicable to its federal programs and state projects. Auditor’s Responsibility Our responsibility is to express an opinion on compliance for each of the City’s major federal programs and state projects based on our audit of the types of compliance requirements referred to above. We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and the audit requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance); and Chapter 10.550, Rules of the Auditor General, Florida Single Audit Act Audits – Local Government Entities. Those standards and the Uniform Guidance and Chapter 10.550, require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements referred to above that could have a direct and material effect on a major federal program or state project occurred. An audit includes examining, on a test basis, evidence about the City’s compliance with those requirements and performing such other procedures as we considered necessary in the circumstances. We believe that our audit provides a reasonable basis for our opinion on compliance for each major federal program and state project. However, our audit does not provide a legal determination of the City’s compliance. Opinion on Each Major Federal Program and State Project In our opinion, the City complied, in all material respects, with the types of compliance requirements referred to above that could have a direct and material effect on each of its major federal programs and state projects for the year ended September 30, 2020 Report on Internal Control over Compliance Management of the City is responsible for establishing and maintaining effective internal control over compliance with the types of compliance requirements referred to above. In planning and performing our audit of compliance, we considered the City’s internal control over compliance with the types of requirements that could have a direct and material effect on each major federal program and state project to determine the auditing procedures that are appropriate in the circumstances for the purpose of expressing an opinion on 181 compliance for each major federal program and state project and to test and report on internal control over compliance in accordance with the Uniform Guidance and Chapter 10.550, but not for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, we do not express an opinion on the effectiveness of the City’s internal control over compliance. A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, noncompliance with a type of compliance requirement of a federal program or state project on a timely basis. A material weakness in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance, such that there is a reasonable possibility that material noncompliance with a type of compliance requirement of a federal program will not be prevented, or detected and corrected, on a timely basis. A significant deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance with a type of compliance requirement of a federal program that is less severe than a material weakness in internal control over compliance, yet important enough to merit attention by those charged with governance. Our consideration of internal control over compliance was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control over compliance that might be material weaknesses or significant deficiencies and therefore, material weaknesses or significant deficiencies may exist that have not been identified. We did not identify any deficiencies in internal control over compliance that we consider to be material weaknesses. However, we did identity certain deficiencies in internal control over compliance, described in the accompanying schedule of findings and questioned costs as item 2020-002 that we consider to be a significant deficiency. The City’s response to the internal control over compliance findings identified in our audit is described in the accompanying schedule of findings and questioned costs. The City’s response was not subjected to the auditing procedures applied in the audit of compliance and, accordingly, we express no opinion on the response. The purpose of this report on internal control over compliance is solely to describe the scope of our testing of internal control over compliance and the results of that testing based on the requirements of the Uniform Guidance and Chapter 10.550. Accordingly, this report is not suitable for any other purpose. CARR, RIGGS & INGRAM, LLC Clearwater, Florida April 9, 2021 182 Federal Grantor,Federal Pass‐through Grantor, CFDA Share of Transfers to Program Title Number Grant I.D. Number Expenditures Subrecipients Federal Awards: U.S. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT Community Development Block Grants/Entitlement Grants 14.218 B‐16‐MC‐12‐0002 21,056$ 21,056$ Community Development Block Grants/Entitlement Grants 14.218 B‐17‐MC‐12‐0002 118,243 118,243 Community Development Block Grants/Entitlement Grants 14.218 B‐18‐MC‐12‐0002 309,347 113,996 Community Development Block Grants/Entitlement Grants 14.218 B‐19‐MC‐12‐0002 90,929 90,929 COVID 19 ‐ Community Development Block Grants/Entitlement Grants 14.218 B‐20‐MW‐12‐0002 20,525 10,500 Total Community Development Block Grants/Entitlement Grants Cluster 560,100 354,724 Home Investment Partnerships Program 14.239 M‐18‐MC‐12‐0230 59,288 ‐ Home Investment Partnerships Program 14.239 M‐19‐MC‐12‐0230 24,823 ‐ Home Investment Partnerships Program 14.239 Program Income 100,993 100,993 Total Home Investment Partnerships Program 185,104 100,993 Total U.S Department of Housing & Urban Development 745,204 455,717 U.S. DEPARTMENT OF JUSTICE Equitable Sharing Program 16.922 FL0520300 184,456 ‐ COVID‐19 ‐ Coronavirus Emergency Supplemental Funding Program 16.034 2020‐VD‐BX‐1255 146,631 ‐ Passed through Florida Department of Law Enforcement Bulletproof Vest Partnership Program 16.607 33,442 ‐ Total U.S Department of Justice 364,529 ‐ U.S. DEPARTMENT OF TRANSPORTATION Passed through Florida Department of Transportation Highway Planning and Construction Cluster 20.205 G0O23 49,380 ‐ Total U.S. Department of Transportation 49,380 ‐ U.S. DEPARTMENT OF TREASURY Passed through Florida Housing Finance Corporation: COVID‐19 ‐ Coronavirus Relief Fund 21.019 106‐2020 193,825 ‐ Total U.S. Department of Treasury 193,825 ‐ U.S. DEPARTMENT OF HOMELAND SECURITY Passed through Florida Division of Emergency Management Disaster Grants ‐ Public Assistance (Presidentially Declared Disasters) 97.036 Hurricane Irma 120,484 ‐ Total U.S. Department of Homeland Security 120,484 ‐ TOTAL EXPENDITURES OF FEDERAL AWARDS 1,473,422$ 455,717$ CITY OF CLEARWATER SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND STATE OF FLORIDA FINANCIAL ASSISTANCE FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2020 183 State Grantor,State Pass‐through Grantor, CSFA Share of Transfers Program Title Number Grant I.D. Number Expenditures to Subrecipients State Projects: FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY Economic Development Partnerships 40.040 500,004$ ‐$ Total Florida Department of Economic Opportunity 500,004 ‐ FLORIDA HOUSING FINANCE CORPORATION State Housing Initiatives Partnership Program (SHIP) 40.901 1,182,451 1,000 Total Florida Housing Finance Corporation 1,182,451 1,000 FLORIDA DEPARTMENT OF TRANSPORTATION Aviation Grant Programs 55.004 FPN: 435222‐1‐94‐01 Contract Number G0Y92 56,573 ‐ Aviation Grant Programs 55.004 FPN: 445636‐1‐94‐01 Contract Number G1941 42,079 ‐ Aviation Grant Programs 55.004 FPN: 446989‐1‐94‐01 Contract Number: G1H65 15,573 ‐ Total Florida Department of Transportation 114,225 ‐ FLORIDA DEPARTMENT OF LAW ENFORCEMENT Assistance with Investigative Operations 71.010 Electronic Surveillance Support Team & Cyber High Tech Task Force 2,083 ‐ Total Florida Department of Law Enforcement 2,083 ‐ TOTAL EXPENDITURES OF STATE FINANCIAL ASSISTANCE 1,798,763$ 1,000 TOTAL EXPENDITURES OF FEDERAL AWARDS & STATE FINANCIAL ASSISTANCE PROJECTS 3,272,185$ 456,717$ CITY OF CLEARWATER SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND STATE OF FLORIDA FINANCIAL ASSISTANCE FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2020 184 185 City of Clearwater, Florida Notes to Schedule of Expenditures of Federal Awards and State Financial Assistance Projects For the Year Ended September 30, 2020 NOTE 1 – Basis of Presentation (a) Reporting Entity The accompanying Schedule of Expenditures of Federal Awards and State Financial Assistance Projects (“Schedule”) presents the activity of all federal financial and state grant activity projects of the City of Clearwater, Florida (the “City”). Federal and state financial assistance received directly from federal and state agencies, and federal financial assistance passed through other governmental agencies are included on the schedules. The information in this schedule is presented in accordance with the requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance) and Chapter 10.550. (b) Disaster Grants – Public Assistance (Presidentially Declared Disaster) (97.036) After a Presidentially Declared Disaster, the Federal Emergency Management Agency (FEMA) provides a Public Assistance Grant to reimburse eligible costs associated with emergency response, debris removal, and eligible costs associated with repair, replacement, or restoration of disaster- damaged facilities. The Federal Government reimburses in the form of cost-shared grants. During fiscal 2020, FEMA approved $120,484 of eligible expenditures that were incurred in prior years and are included in the Schedule. NOTE 2 – Basis of Accounting The accompanying Schedule of Expenditures of Federal Awards and State Financial Assistance Projects is presented using the modified accrual or accrual basis of accounting, depending on the type of fund in which the grant is recorded, as described in Note I.C. to the City’s basic financial statements. NOTE 3 – CFDA/CSFA Numbers CFDA numbers represent Catalog of Federal Domestic Assistance and apply only to federal awards. CSFA numbers represent Catalog of State Financial Assistance and apply only to state financial assistance. NOTE 4 – Subrecipients Of the federal and state expenditures presented in the Schedule, the City provided federal and state awards to subrecipients as follows: Federal CFDA/ Amount Provided Program Title State CFSA To Subrecipients U.S. HUD Community Development Block Grant 14.218 $354,724 U.S. HUD Home Investment Partnerships Program 14.239 $100,993 Florida Housing Finance Corporation, State Housing Initiative Partnership Program 40.901 $ 1,000 186 City of Clearwater, Florida Notes to Schedule of Expenditures of Federal Awards and State Financial Assistance Projects For the Year Ended September 30, 2020 NOTE 5 – Loans Outstanding The current year additions related to the loans are included in the Schedule of Expenditures of Federal Awards and State Financial Assistance Projects. The City had the following loan balances outstanding, net of $12,114,268 allowance for uncollectable accounts, at September 30, 2020: 14.218 Community Development Block Grant $ 774,323 14.239 Home Investment Partnership Program 1,442,971 40.901 State Housing Initiative Partnership 2,168,997 $ 4,386,291 NOTE 6 – Indirect Cost Rate The City did not utilize the 10% de minimis indirect cost rates for reimbursement of grant expenditures for the fiscal year ended September 30, 2020. CITY OF CLEARWATER, FLORIDA SCHEDULE OF FINDINGS AND QUESTIONED COSTS Year Ended September 30, 2020 _____________________________________________________________________________________ SECTION I – SUMMARY OF AUDITORS’ RESULTS Financial Statements: 1. Type of auditors’ report issued Unmodified 2. Internal control over financial reporting: a. Material weaknesses identified? Yes b. Significant deficiencies identified not considered to be material weaknesses? None noted c. Noncompliance material to the financial statements noted? None Federal Awards: 1. Type of auditors’ report issued on compliance for major programs Unmodified 2. Internal control over major programs: a. Material weaknesses identified? None b. Significant deficiencies identified not considered to be material weaknesses? Yes 3. Any audit findings disclosed that are required to be reported in accordance with 2CFR section 200.516(a)? Yes 4. Identification of major programs: CFDA Number Program 14.218 Community Development Block Grants Entitlement Grants Cluster 21.019 Coronavirus Relief Fund 5. Dollar threshold used to distinguish between type A and type B programs: $750,000 6. Auditee qualified as low‐risk auditee under 2 CFR 200.520? No State Awards: 1. Type of auditors’ report issued on compliance for major programs Unmodified 2. Internal control over major programs: a. Material weaknesses identified? None b. Significant deficiencies identified not considered to be material weaknesses? Yes 3. Any audit findings disclosed that are required to be reported in accordance with Rule 10.554(1)(l)(4)? Yes 4. Identification of major projects: CSFA Number Project 40.901 State Housing Initiatives Partnership 187 CITY OF CLEARWATER, FLORIDA SCHEDULE OF FINDINGS AND QUESTIONED COSTS (CONTINUED) Year Ended September 30, 2020 _____________________________________________________________________________________ Program (SHIP) 5. Dollar threshold used to distinguish between type A and type B programs: $539,629 SECTION II – FINANCIAL STATEMENT FINDINGS Finding Number: 2020‐001 ‐ Financial Reporting, Material Weakness Condition: The 2019 fund balances, end of year and deferred inflows were inaccurately reported for mortgage loan activity. Deferred inflows should have been reported for the Special Programs Fund, SHIP Local Housing Assistance Trust Fund and Pinellas County Local Housing Assistance Trust Fund in the amounts of $2,318,845, $2,056,705 and $163,635, respectively. The offsetting amounts would be a reduction of the same amounts to fund balance, end of year. Cause: During the mortgage loan programs the City loans federal and state dollars passed through the Department of Housing and Urban Development. When funds are loaned to qualified recipients, the funds will not be collected during the period of availability (within 75 days of fiscal year end) and; therefore, the City should record a deferred inflow of resources. Effect: The correction of an error caused a prior period adjustment, see Note IV.I. Criteria: The City should record all transactions in accordance with general accepted accounting principles. Recommendation: The City should strengthen its financial statement review process to ensure financial statements are reported in accordance with generally accepted accounting principles. Response: Management concurs with the finding. SECTION III – FEDERAL AWARD FINDINGS Finding Number: 2020‐002, Significant Deficiency CFDA # 21.019: Federal Program and Awarding Agency: Coronavirus Relief Fund, U.S. Department of Treasury Passed through: Florida Housing Finance Corporation Contract Number and Year: G0O23, 2020 Compliance Requirement: Activities Allowed or Unallowed and Allowable Costs/Cost Principles Questioned Costs: N/A CSFA # 40.901: State Project: State Housing Initiatives Partnership Program (SHIP) Passed through: N/A Contract Number and Year: N/A, 2020 Compliance Requirement: Activities Allowed or Unallowed and Allowable Costs Questioned Costs: N/A 188 CITY OF CLEARWATER, FLORIDA SCHEDULE OF FINDINGS AND QUESTIONED COSTS (CONTINUED) Year Ended September 30, 2020 _____________________________________________________________________________________ Criteria: 2 CFR 200.303 requires non‐federal entities to establish and maintain effective internal controls over the Federal award that provides reasonable assurance that the non‐Federal entity is managing the Federal award in compliance with Federal statutes, regulations, and the terms and conditions of the Federal award. Section 215.97(2)(j), Florida Statutes, requires non‐state entities to establish and maintain effective internal controls over state projects that provide reasonable assurance over the effectiveness and efficiency of operations, reliability of financial operations and compliance with applicable laws and regulations. Condition: Review of employee time charged to CFDA 20.019 and CSFA 40.901 was not consistently documented. Cause: The review process relies on the Supervisor to sign off on the timecard. However, the timecard does not have a formal line for a reviewer to document approval of the employee’s time allocation resulting in evidence of review to be missed in error. Effect: Employee hours charged to the grant could be overstated resulting in unallowable costs. Recommendation: The City should strengthen its process surrounding review and approval of employees’ time charged to federal programs and state projects. Response: Management concurs with the finding. SECTION IV – SUMMARY OF PRIOR YEAR AUDIT FINDINGS No prior year audit findings. 189 190 Carr, Riggs & Ingram, LLC 600 Cleveland Street Suite 1000 Clearwater, FL 33755 727.446.0504 727.461.7384 (fax) CRIcpa.com MANAGEMENT LETTER To the Honorable Mayor and City Council Members City of Clearwater, Florida Report on the Financial Statements We have audited the financial statements of the City of Clearwater, Florida (the "City"), as of and for the fiscal year ended September 30, 2020, and have issued our report thereon dated April 9, 2021. Auditors’ Responsibility We conducted our audit in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; the audit requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance); and Chapter 10.550, Rules of the Auditor General. Other Reporting Requirements We have issued our Independent Auditor’s Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of the Financial Statements Performed in Accordance with Government Auditing Standards; Independent Auditor’s Report on Compliance for Each Major Federal Program and State Project and Report on Internal Control over Compliance; Schedule of Findings and Questioned Costs; and Independent Accountants’ Report on an examination conducted in accordance with AICPA Professional Standards, AT-C Section 315, regarding compliance requirements in accordance with Chapter 10.550, Rules of the Auditor General. Disclosures in those reports and schedule, which are dated April 9, 2021, should be considered in conjunction with this management letter. Prior Audit Findings Section 10.554(1)(i)1., Rules of the Auditor General, requires that we determine whether or not corrective actions have been taken to address findings and recommendations made in the preceding annual financial audit report. No audit findings or recommendations were noted in the preceding annual financial audit report. Financial Condition and Management Section 10.554(1)(i)5.a. and 10.556(7), Rules of the Auditor General, require us to apply appropriate procedures and communicate the results of our determination as to whether or not the City has met one of more of the conditions described in Section 218.503(1), Florida Statutes, and to identify the specific conditions met. In connection with our audit, we determined that the City did not meet any of the conditions described in Section 218.503(1), Florida Statutes. 191 Pursuant to Sections 10.554(1)(i)5.b. and 10.556(8), Rules of the Auditor General, we applied financial condition assessment procedures. It is management’s responsibility to monitor the City’s financial condition, and our financial condition assessment was based in part on representations made by management and the review of financial information provided by same. Section 10.554(1)(i)2., Rules of the Auditor General, requires that we communicate any recommendations to improve financial management. In connection with our audit, we do not have any such recommendations. Additional Matters Section 10.554(1)(i)3., Rules of the Auditor General, requires us to communicate noncompliance with provisions of contracts or grant agreements, or abuse, that have occurred, or are likely to have occurred, that have an effect on the financial statements that is less than material but warrants the attention of those charged with governance. In connection with our audit, we identified a control deficiency related to review of reports submitted to granting agencies. We recommend the City implement revised policies and procedures to ensure review of all reports submitted to granting agencies are documented. Purpose of this Letter Our management letter is intended solely for the information and use of the Legislative Auditing Committee, members of the Florida Senate and the Florida House of Representatives, the Florida Auditor General, Federal and other granting agencies, and applicable management, and is not intended to be and should not be used by anyone other than these specified parties. CARR, RIGGS & INGRAM, LLC Clearwater, Florida April 9, 2021 192 Carr, Riggs & Ingram, LLC 600 Cleveland Street Suite 1000 Clearwater, FL 33755 727.446.0504 727.461.7384 (fax) CRIcpa.com INDEPENDENT ACCOUNTANTS’ REPORT ON COMPLIANCE WITH SECTION 218.415, FLORIDA STATUTES To the Honorable Mayor and City Council Members City of Clearwater, Florida We have examined City of Clearwater, Florida’s, (the “City”), compliance with the requirements of Section 218.415, Florida Statutes, Local Government Investment Policies, during the year ended September 30, 2020. Management is responsible for the City’s compliance with the requirements. Our responsibility is to express an opinion on the City’s compliance with the specified requirements based on our examination. Our examination was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants. Those standards require that we plan and perform the examination to obtain reasonable assurance about whether the City complied, in all material respects, with the specified requirements referenced above. An examination involves performing procedures to obtain evidence about whether the City complied with the specified requirements. The nature, timing, and extent of the procedures selected depend on our judgment, including an assessment of the risks of material noncompliance, whether due to fraud or error. We believe that the evidence we obtained is sufficient and appropriate to provide a reasonable basis for our opinion. Our examination does not provide a legal determination on the City’s compliance with specified requirements. In our opinion, the City complied, in all material respects, with the aforementioned requirements for the year ended September 30, 2020. This report is intended solely for the information and use of management and the State of Florida Auditor General and is not intended to be and should not be used by anyone other than these specified parties. CARR, RIGGS & INGRAM, LLC Clearwater, Florida April 9, 2021 193 194 1 CITY OF CLEARWATER, FLORIDA AUDIT PRESENTATION FOR YEAR ENDED SEPTEMBER 30, 2020 May 3, 2021 2 AUDITORS’ REPORTS AND LETTER Independent Auditors’ Report on basic financial statements Unmodified opinion Government Auditing Standards Report 1 material weaknesses, 1 significant deficiency, no other instances of noncompliance Single Audit Report Unmodified opinion on single audit, no material weaknesses, 1 significant deficiency over internal control over compliance 3 AUDITORS’REPORTS AND LETTER, cont. Management Letter One Additional Matter communicated recommending revised policies and procedures to ensure review of all reports submitted to granting agencies are documented. Local Government Investment Policies Report No significant issues noted 4 AUDIT RESULTS Material weakness – During our audit, we identified that loans made to qualified recipients in the home loan mortgage assistance programs, were recorded as revenue when loans were initiated instead of unavailable revenue (as the funds will not be collected during the period of availability (within 75 days of fiscal year end). This correction required a restatement of the prior year financial statements in the aggregate amount of approximately $4.5 million, which was a reduction of previously reported fund balance. Significant deficiency – During our single audit procedures, we identified that timecards submitted had a few instances of lack of documented review for time allocation to federal programs or state projects. No incorrect amounts were identified; however, the control was not able to be documented. No audit adjustments were recorded by the City as a result of our audit procedures. There was one entry for the Marina Fund that was identified and not posted in the amount of $6,171. 5 OTHER COMMUNICATIONS Significant accounting policies – No significant changes to accounting policies, policies can be seen in the footnotes Accounting estimates – receivables allowance, fair value of investments, risk management accruals, pension and OPEB plans, and estimated useful lives of capital assets Disagreements with management – none Consultations with Other Accountants – none Issues Discussed Prior to Retention – none Difficulties Encountered During the Audit – none 6 QUESTIONS? Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9121 Agenda Date: 5/3/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Finance Agenda Number: 2.2 SUBJECT/RECOMMENDATION: Authorize the piggyback of State of Florida Term Contract No. 84121500-15-01, Purchasing Card Services, with Bank of America, for the term April 6, 2021 through January 4, 2026, including administrative extensions, pursuant to Clearwater Code of Ordinances Section 2.564(1)(d) Other Government Entities Bids, and authorize the appropriate officials to execute same. (consent) SUMMARY: For many years the City participated in the Hillsborough County Procurement Card Program Consortium, which enabled participating members to utilize the Bank of America contract for purchasing cards (PCards). This program expired in 2019, so the City shifted its PCard program with Bank of America to the State of Florida contract effective October 1, 2019. The state contract expired on January 5, 2021, and after administrative extensions by the state to negotiate the renewal terms with Bank of America, has been presented for a new five -year term from April 6, 2021 through January 4, 2026. The State Contract provides for a rebate calculation based on the City’s spend. For calendar year 2020, the City received $71,429, which was returned to the general fund. APPROPRIATION CODE AND AMOUNT: PCard charges are reconciled monthly by each department and coded to the appropriate expenditure accounts in their respective budgets. Page 1 City of Clearwater Printed on 4/30/2021 AMENDMENT NO.: 7 - Renewal State Term Contract No.: 84121500-15-01 State Term Contract Name: Purchasing Card Services Page 1 of 3 This Amendment No. 7 (“Amendment”), effective April 6, 2021 to the Purchasing Card Services State Term Contract No. 84121500-15-01 (“STC” or “Contract”), is made by and between the State of Florida, Department of Management Services (“Department”), and Bank of America N.A. (“Contractor”), collectively referred to herein as the “Parties.” All capitalized terms used herein have the meaning assigned to them in the STC, unless otherwise defined herein. WHEREAS, on January 5, 2016, the Department entered into the STC with the Contractor for the provision of Purchasing Card services; WHEREAS, on January 5, 2021, the Department renewed the STC with the Contractor for a period of 30 days; WHEREAS, on February 4, 2021, the Department renewed the STC with the Contractor for a period of 60 days; WHEREAS, the Parties agreed that the STC may be renewed in accordance with Section 26, Renewal, of STC Exhibit B: General Contract Conditions, Form PUR 1000 (10/06); and WHEREAS, the Parties wish to renew and amend the STC as set forth herein. THEREFORE, in consideration of the mutual promises contained below, and other good and valuable consideration, the receipt, and sufficiency of which are hereby acknowledged, the Parties agree to the following: I. STC Exhibit B. The STC is amended to replace STC Exhibit B: General Contract Conditions, Form PUR 1000 (10/06), in its entirety with Exhibit B: Special Contract Conditions. Any and all references in the STC to Exhibit B: General Contract Conditions, Form PUR 1000 (10/06), are hereby amended to refer to Exhibit B: Special Contract Conditions, which is incorporated into the STC by reference herein. II. STC Exhibit C. The STC is amended to rename STC Exhibit C: Special Contract Conditions as Exhibit C: Additional Special Contract Conditions. Any and all references in the STC to Exhibit C: Special Contract Conditions are hereby amended to refer to Exhibit C: Additional Special Contract Conditions. III. The following sections contained in Exhibit B, Special Contract Conditions are hereby deleted or replaced in their entirety with the following: Section 2.3.2 Termination for Conveinence – This section is hereby deleted in its entirety. Section 3.2.2 Preferred Pricing – This section is hereby deleted in its entirety. DocuSign Envelope ID: F6C24579-2365-4A04-8DC8-3205A386B816 AMENDMENT NO.: 7 - Renewal State Term Contract No.: 84121500-15-01 State Term Contract Name: Purchasing Card Services Page 2 of 3 Section 3.4 Purchase Order -This section is hereby deleted in its entirety. Section 6.1 Subcontracting - This section is hereby deleted in its entirety. Section 7.5 Indemnification – This section is hereby deleted in its entirety. Section 7.6 Limitation of Liability- This section is hereby deleted in its entirety and replaced with the following: Limitation of Liability. For all claims against the Contractor under any Contract, and regardless of the basis on which the claim is made, the Contractor’s liability under a Contract for direct damages shall be limited to the greater of $100,000, or the dollar amount of the Contract. This limitation shall not apply to claims arising under the Indemnity paragraph contain in this agreement. Unless otherwise specifically enumerated in the Contract, no party shall be liable to another for special, indirect, punitive, or consequential damages, including lost data or records (unless the Contract requires the Contractor to back-up data or records), even if the party has been advised that such damages are possible. No party shall be liable for lost profits, lost revenue, or lost institutional operating savings. The State and Customer may, in addition to other remedies available to them at law or equity and upon notice to the Contractor, retain such monies from amounts due Contractor as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against them. The State may set off any liability or other obligation of the Contractor or its affiliates to the State against any payments due the Contractor under any contract with the State. IV. The following sections contained in Exhibit C, Additional Special Contract Conditions are hereby deleted or replaced in their entirety with the following: Section 11.4 Limitation of Liability - This section is hereby deleted in its entirety and replaced with the following: Section 11.4 Limitation and Liability The limitation of liability provisions of paragraph 1, Section 7.6, Exhibit B, Special Contract Conditions, apply to the Contract, with the following clarifications: notwithstanding any provisions to the contrary, the Contractor shall reimburse any actual costs to the State for a loss due to fraud committed by the employees or Subcontractors of the Contractor. Section 12.3 Termination for Other Than Cause: Subsection 12.3.1 - Either party may, terminate the Contract at any time by giving six (6) months written notice to the other party. DocuSign Envelope ID: F6C24579-2365-4A04-8DC8-3205A386B816 AMENDMENT NO.: 7 - Renewal State Term Contract No.: 84121500-15-01 State Term Contract Name: Purchasing Card Services Page 3 of 3 V. STC Renewal. The STC is hereby renewed, effective April 6, 2021, with a new expiration date of January 4, 2026, under the same terms and conditions, except as amended herein. VI. Warranty of Authority. Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind the respective party. VII. Conflict. To the extent any of the terms of this Amendment conflict with the terms of the STC, the terms of this Amendment shall control. VIII. Effect. Unless otherwise modified by this Amendment, all terms and conditions contained in the STC, as previously amended, shall continue in full force and effect. IN WITNESS WHEREOF, the Parties have executed this Amendment by their duly authorized representatives. State of Florida: Department of Management Services Contractor: Bank of America, N.A By: _____________________________ By: _____________________________ Name: Tami Filyaw Name: Title: Chief of Staff Title: Date: Date: DocuSign Envelope ID: F6C24579-2365-4A04-8DC8-3205A386B816 Senior Vice President 4/1/2021 | 9:42 AM PDT Glenna S. Thompson 4/1/2021 | 2:52 PM EDT SP approved version 7‐1‐2019 1 SPECIAL CONTRACT CONDITIONS JULY 1, 2019 VERSION Table of Contents SECTION 1. DEFINITION. .......................................................................................................................... 2 SECTION 2. CONTRACT TERM AND TERMINATION. ................................................................................ 2 SECTION 3. PAYMENT AND FEES. ............................................................................................................ 3 SECTION 4. CONTRACT MANAGEMENT. ................................................................................................. 4 SECTION 5. COMPLIANCE WITH LAWS. ................................................................................................... 6 SECTION 6. MISCELLANEOUS. ................................................................................................................. 7 SECTION 7. LIABILITY AND INSURANCE…………………………………………………………………………………………….. 9 SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT, AND INTELLECTUAL PROPERTY. ............................................................................................................................................. 10 SECTION 9. DATA SECURITY. ................................................................................................................. 12 SECTION 10. GRATUITIES, LOBBYING, AND COMMUNICATIONS. ......................................................... 13 SECTION 11. CONTRACT MONITORING. ............................................................................................... 14 SECTION 12. CONTRACT AUDITS. .......................................................................................................... 15 SECTION 13. BACKGROUND SCREENING AND SECURITY. ..................................................................... 16 SECTION 14. WARRANTY OF CONTRACTOR’S ABILITY TO PERFORM. ................................................... 17 In accordance with Rule 60A-1.002(7), F.A.C., Form PUR 1000 is included herein by reference but is superseded in its entirety by these Special Contract Conditions. DocuSign Envelope ID: F6C24579-2365-4A04-8DC8-3205A386B816 SP approved version 7‐1‐2019 2 SECTION 1. DEFINITION. The following definition applies in addition to the definitions in Chapter 287, Florida Statutes (F.S.), and Rule Chapter 60A-1, Florida Administrative Code (F.A.C.): 1.1 Customer. The agency or eligible user that purchases commodities or contractual services pursuant to the Contract. SECTION 2. CONTRACT TERM AND TERMINATION. 2.1 Initial Term. The initial term will begin on the date set forth in the Contract documents or on the date the Contract is signed by all Parties, whichever is later. 2.2 Renewal. Upon written agreement, the Department and the Contractor may renew the Contract in whole or in part only as set forth in the Contract documents, and in accordance with section 287.057(13), F.S. 2.3 Suspension of Work and Termination. 2.3.1 Suspension of Work. The Department may, at its sole discretion, suspend any or all activities under the Contract, at any time, when it is in the best interest of the State of Florida to do so. The Customer may suspend a resulting contract or purchase order, at any time, when in the best interest of the Customer to do so. The Department or Customer will provide the Contractor written notice outlining the particulars of the suspension. After receiving a suspension notice, the Contractor must comply with the notice and will cease the performance of the Contract or purchase order. Suspension of work will not entitle the Contractor to any additional compensation. The Contractor will not resume performance of the Contract or purchase order until so authorized by the Department. 2.3.2 Termination for Convenience. The Contract may be terminated by the Department in whole or in part at any time, in the best interest of the State of Florida. If the Contract is terminated before performance is completed, the Contractor will be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the Contract price as the amount of work satisfactorily performed. All work in progress will become the property of the Customer and will be turned over promptly by the Contractor. 2.3.3 Termination for Cause. If the performance of the Contractor is not in compliance with the Contract requirements or the Contractor has defaulted, the Department may: (a) immediately terminate the Contract; (b) notify the Contractor of the noncompliance or default, require correction, and specify the date by which the correction must be completed before the Contract is terminated; or (c) take other action deemed appropriate by the Department. DocuSign Envelope ID: F6C24579-2365-4A04-8DC8-3205A386B816 SP approved version 7‐1‐2019 3 SECTION 3. PAYMENT AND FEES. 3.1 Pricing. The Contractor will not exceed the pricing set forth in the Contract documents. 3.2 Price Decreases. The following price decrease terms will apply to the Contract: 3.2.1 Quantity Discounts. Contractor may offer additional discounts for one-time delivery of large single orders; 3.2.2 Preferred Pricing. The Contractor guarantees that the pricing indicated in this Contract is a maximum price. Additionally, Contractor’s pricing will not exceed the pricing offered under comparable contracts. Comparable contracts are those that are similar in size, scope, and terms. In compliance with section 216.0113, F.S., Contractor must annually submit an affidavit from the Contractor’s authorized representative attesting that the Contract complies with this clause. 3.2.3 Sales Promotions. In addition to decreasing prices for the balance of the Contract term due to a change in market conditions, the Contractor may conduct sales promotions involving price reductions for a specified lesser period. The Contractor must submit documentation identifying the proposed: (1) starting and ending dates of the promotion, (2) commodities or contractual services involved, and (3) promotional prices compared to then-authorized prices. 3.3 Payment Invoicing. The Contractor will be paid upon submission of invoices to the Customer after delivery and acceptance of commodities or contractual services is confirmed by the Customer. Invoices must contain sufficient detail for an audit and contain the Contract Number and the Contractor’s Federal Employer Identification Number. 3.4 Purchase Order. A Customer may use purchase orders to buy commodities or contractual services pursuant to the Contract and, if applicable, the Contractor must provide commodities or contractual services pursuant to purchase orders. Purchase orders issued pursuant to the Contract must be received by the Contractor no later than the close of business on the last day of the Contract’s term. The Contractor is required to accept timely purchase orders specifying delivery schedules that extend beyond the Contract term even when such extended delivery will occur after expiration of the Contract. Purchase orders shall be valid through their specified term and performance by the Contractor, and all terms and conditions of the Contract shall survive the termination or expiration of the Contract and apply to the Contractor’s performance. The duration of purchase orders for recurring deliverables shall not exceed the expiration of the Contract by more than twelve months. Any purchase order terms and conditions conflicting with these Special Contract Conditions shall not become a part of the Contract. 3.5 Travel. Travel expenses are not reimbursable unless specifically authorized by the Customer in writing and may be reimbursed only in accordance with section 112.061, F.S. DocuSign Envelope ID: F6C24579-2365-4A04-8DC8-3205A386B816 SP approved version 7‐1‐2019 4 3.6 Annual Appropriation. Pursuant to section 287.0582, F.S., if the Contract binds the State of Florida or an agency for the purchase of services or tangible personal property for a period in excess of one fiscal year, the State of Florida’s performance and obligation to pay under the Contract is contingent upon an annual appropriation by the Legislature. 3.7 Transaction Fees. The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system pursuant to section 287.057(22), F.S. All payments issued by Customers to registered Vendors for purchases of commodities or contractual services will be assessed Transaction Fees as prescribed by rule 60A-1.031, F.A.C., or as may otherwise be established by law. Vendors must pay the Transaction Fees and agree to automatic deduction of the Transaction Fees when automatic deduction becomes available. Vendors will submit any monthly reports required pursuant to the rule. All such reports and payments will be subject to audit. Failure to comply with the payment of the Transaction Fees or reporting of transactions will constitute grounds for declaring the Vendor in default and subject the Vendor to exclusion from business with the State of Florida. 3.8 Taxes. Taxes, customs, and tariffs on commodities or contractual services purchased under the Contract will not be assessed against the Customer or Department unless authorized by Florida law. 3.9 Return of Funds. Contractor will return any overpayments due to unearned funds or funds disallowed pursuant to the terms of the Contract that were disbursed to the Contractor. The Contractor must return any overpayment within forty (40) calendar days after either discovery by the Contractor, its independent auditor, or notification by the Department or Customer of the overpayment. SECTION 4. CONTRACT MANAGEMENT. 4.1 Composition and Priority. The Contractor agrees to provide commodities or contractual services to the Customer as specified in the Contract. Additionally, the terms of the Contract supersede the terms of all prior agreements between the Parties on this subject matter. 4.2 Notices. All notices required under the Contract must be delivered to the designated Contract Manager in a manner identified by the Department. 4.3 Department’s Contract Manager. The Department’s Contract Manager, who is primarily responsible for the Department’s oversight of the Contract, will be identified in a separate writing to the Contractor upon Contract signing in the following format: Department’s Contract Manager Name DocuSign Envelope ID: F6C24579-2365-4A04-8DC8-3205A386B816 SP approved version 7‐1‐2019 5 Department’s Name Department’s Physical Address Department’s Telephone # Department’s Email Address If the Department changes the Contract Manager, the Department will notify the Contractor. Such a change does not require an amendment to the Contract. 4.4 Contractor’s Contract Manager. The Contractor’s Contract Manager, who is primarily responsible for the Contractor’s oversight of the Contract performance, will be identified in a separate writing to the Department upon Contract signing in the following format: Contractor’s Contract Manager Name Contractor’s Name Contractor’s Physical Address Contractor’s Telephone # Contractor’s Email Address If the Contractor changes its Contract Manager, the Contractor will notify the Department. Such a change does not require an amendment to the Contract. 4.5 Diversity. 4.5.1 Office of Supplier Diversity. The State of Florida supports its diverse business community by creating opportunities for woman-, veteran-, and minority-owned small business enterprises to participate in procurements and contracts. The Department encourages supplier diversity through certification of woman-, veteran-, and minority-owned small business enterprises and provides advocacy, outreach, and networking through regional business events. For additional information, please contact the Office of Supplier Diversity (OSD) at osdinfo@dms.myflorida.com. 4.5.2 Diversity Reporting. Upon request, the Contractor will report to the Department its spend with business enterprises certified by the OSD. These reports must include the time period covered, the name and Federal Employer Identification Number of each business enterprise utilized during the period, commodities and contractual services provided by the business enterprise, and the amount paid to the business enterprise on behalf of each agency purchasing under the Contract. 4.6 RESPECT. Subject to the agency determination provided for in section 413.036, F.S., the following statement applies: IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES THAT ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM A NONPROFIT AGENCY FOR THE BLIND OR FOR THE SEVERELY HANDICAPPED THAT IS QUALIFIED PURSUANT TO CHAPTER 413, FLORIDA STATUTES, IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 413.036(1) AND (2), FLORIDA STATUTES; DocuSign Envelope ID: F6C24579-2365-4A04-8DC8-3205A386B816 SP approved version 7‐1‐2019 6 AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THE STATE AGENCY INSOFAR AS DEALINGS WITH SUCH QUALIFIED NONPROFIT AGENCY ARE CONCERNED. Additional information about RESPECT and the commodities or contractual services it offers is available at https://www.respectofflorida.org. 4.7 PRIDE. Subject to the agency determination provided for in sections 287.042(1) and 946.515, F.S., the following statement applies: IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES WHICH ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM THE CORPORATION IDENTIFIED UNDER CHAPTER 946, F.S., IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 946.515(2) AND (4), F.S.; AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THIS AGENCY INSOFAR AS DEALINGS WITH SUCH CORPORATION ARE CONCERNED. Additional information about PRIDE and the commodities or contractual services it offers is available at https://www.pride-enterprises.org. SECTION 5. COMPLIANCE WITH LAWS. 5.1 Conduct of Business. The Contractor must comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and authority. For example, the Contractor must comply with section 274A of the Immigration and Nationality Act, the Americans with Disabilities Act, Health Insurance Portability and Accountability Act, if applicable, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran’s status. The provisions of subparagraphs 287.058(1)(a)-(c), and (g), F.S., are hereby incorporated by reference. 5.2 Dispute Resolution, Governing Law, and Venue. Any dispute concerning performance of the Contract shall be decided by the Department's designated Contract Manager, who will reduce the decision to writing and serve a copy on the Contractor. The decision of the Contract Manager shall be final and conclusive. Exhaustion of this administrative remedy is an absolute condition precedent to the Contractor's ability to pursue legal action related to the Contract or any other form of dispute resolution. The laws of the State of Florida govern the Contract. The Parties submit to the jurisdiction of the courts of the State of Florida exclusively for any legal action related to the Contract. Further, the Contractor hereby waives all privileges and rights relating to venue it may have under Chapter 47, F.S., and all such venue privileges and rights it may have under any other statute, rule, or case law, including, but not limited to, those based on convenience. The Contractor hereby submits to venue in the county chosen by the Department. 5.3 Department of State Registration. DocuSign Envelope ID: F6C24579-2365-4A04-8DC8-3205A386B816 SP approved version 7‐1‐2019 7 Consistent with Title XXXVI, F.S., the Contractor and any subcontractors that assert status, other than a sole proprietor, must provide the Department with conclusive evidence of a certificate of status, not subject to qualification, if a Florida business entity, or of a certificate of authorization if a foreign business entity. 5.4 Suspended, Convicted, and Discriminatory Vendor Lists. In accordance with sections 287.042, 287.133, and 287.134, F.S., an entity or affiliate who is on the Suspended Vendor List, Convicted Vendor List, or Discriminatory Vendor List may not perform work as a contractor, supplier, subcontractor, or consultant under the Contract. The Contractor must notify the Department if it or any of its suppliers, subcontractors, or consultants have been placed on the Suspended Vendor List, Convicted Vendor List, or Discriminatory Vendor List during the term of the Contract. 5.5 Scrutinized Companies - Termination by the Department. The Department may, at its option, terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287.135(5), F.S., or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. 5.6 Cooperation with Inspector General and Records Retention. Pursuant to section 20.055(5), F.S., the Contractor understands and will comply with its duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. Upon request of the Inspector General or any other authorized State official, the Contractor must provide any information the Inspector General deems relevant to the Contractor's integrity or responsibility. Such information may include, but will not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor will retain such records for the longer of five years after the expiration of the Contract, or the period required by the General Records Schedules maintained by the Florida Department of State, at the Department of State’s Records Management website. The Contractor agrees to reimburse the State of Florida for the reasonable costs of investigation incurred by the Inspector General or other authorized State of Florida official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State of Florida which results in the suspension or debarment of the Contractor. Such costs will include but will not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The Contractor agrees to impose the same obligations to cooperate with the Inspector General and retain records on any subcontractors used to provide goods or services under the Contract. SECTION 6. MISCELLANEOUS. 6.1 Subcontractors. The Contractor will not subcontract any work under the Contract without prior written consent of the Department. The Contractor is fully responsible for satisfactory completion of all its subcontracted work. The Department supports diversity in its procurements and contracts, and requests that the Contractor offer subcontracting opportunities to certified woman-, veteran-, and minority-owned small businesses. The DocuSign Envelope ID: F6C24579-2365-4A04-8DC8-3205A386B816 SP approved version 7‐1‐2019 8 Contractor may contact the OSD at osdhelp@dms.myflorida.com for information on certified small business enterprises available for subcontracting opportunities. 6.2 Assignment. The Contractor will not sell, assign, or transfer any of its rights, duties, or obligations under the Contract without the prior written consent of the Department. However, the Contractor may waive its right to receive payment and assign same upon notice to the Department. In the event of any assignment, the Contractor remains responsible for performance of the Contract, unless such responsibility is expressly waived by the Department. The Department may assign the Contract with prior written notice to the Contractor. 6.3 Independent Contractor. The Contractor and its employees, agents, representatives, and subcontractors are independent contractors and not employees or agents of the State of Florida and are not entitled to State of Florida benefits. The Department and Customer will not be bound by any acts or conduct of the Contractor or its employees, agents, representatives, or subcontractors. The Contractor agrees to include this provision in all its subcontracts under the Contract. 6.4 Inspection and Acceptance of Commodities. 6.4.1 Risk of Loss. Matters of inspection and acceptance are addressed in section 215.422, F.S. Until acceptance, risk of loss or damage will remain with the Contractor. The Contractor will be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer will: record any evidence of visible damage on all copies of the delivering carrier’s bill of lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the carrier’s bill of lading and damage inspection report. 6.4.2 Rejected Commodities. When a Customer rejects a commodity, Contractor will remove the commodity from the premises within ten (10) calendar days after notification of rejection, and the risk of loss will remain with the Contractor. Commodities not removed by the Contractor within ten (10) calendar days will be deemed abandoned by the Contractor, and the Customer will have the right to dispose of such commodities. Contractor will reimburse the Customer for costs and expenses incurred in storing or effecting removal or disposition of rejected commodities. 6.5 Safety Standards. Performance of the Contract for all commodities or contractual services must comply with requirements of the Occupational Safety and Health Act and other applicable State of Florida and federal requirements. 6.6 Ombudsman. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this office are found in section 215.422, F.S., which include disseminating information relative to prompt payment and assisting contractors in receiving their payments in a timely manner from a Customer. The Vendor Ombudsman may be contacted at (850) 413-5516. DocuSign Envelope ID: F6C24579-2365-4A04-8DC8-3205A386B816 SP approved version 7‐1‐2019 9 6.7 Time is of the Essence. Time is of the essence regarding every obligation of the Contractor under the Contract. Each obligation is deemed material, and a breach of any such obligation (including a breach resulting from untimely performance) is a material breach. 6.8 Waiver. The delay or failure by the Department or the Customer to exercise or enforce any rights under the Contract will not constitute waiver of such rights. 6.9 Modification and Severability. The Contract may only be modified by written agreement between the Department and the Contractor. Should a court determine any provision of the Contract is invalid, the remaining provisions will not be affected, and the rights and obligations of the Parties will be construed and enforced as if the Contract did not contain the provision held invalid. 6.10 Cooperative Purchasing. Pursuant to their own governing laws, and subject to the agreement of the Contractor, governmental entities that are not Customers may make purchases under the terms and conditions contained herein, if agreed to by Contractor. Such purchases are independent of the Contract between the Department and the Contractor, and the Department is not a party to these transactions. Agencies seeking to make purchases under this Contract are required to follow the requirements of Rule 60A-1.045(5), F.A.C. SECTION 7. LIABILITY AND INSURANCE. 7.1 Workers’ Compensation Insurance. The Contractor shall maintain workers’ compensation insurance as required under the Florida Workers’ Compensation Law or the workers’ compensation law of another jurisdiction where applicable. The Contractor must require all subcontractors to similarly provide workers’ compensation insurance for all of the latter’s employees. In the event work is being performed by the Contractor under the Contract and any class of employees performing the work is not protected under Workers’ Compensation statutes, the Contractor must provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of employees not otherwise protected. 7.2 General Liability Insurance. The Contractor must secure and maintain Commercial General Liability Insurance, including bodily injury, property damage, products, personal and advertising injury, and completed operations. This insurance must provide coverage for all claims that may arise from performance of the Contract or completed operations, whether by the Contractor or anyone directly or indirectly employed by the Contractor. Such insurance must include the State of Florida as an additional insured for the entire length of the resulting contract. The Contractor is responsible for determining the minimum limits of liability necessary to provide reasonable financial protections to the Contractor and the State of Florida under the resulting contract. 7.3 Florida Authorized Insurers. DocuSign Envelope ID: F6C24579-2365-4A04-8DC8-3205A386B816 SP approved version 7‐1‐2019 10 All insurance shall be with insurers authorized and eligible to transact the applicable line of insurance business in the State of Florida. The Contractor shall provide Certification(s) of Insurance evidencing that all appropriate coverage is in place and showing the Department to be an additional insured. 7.4 Performance Bond. Unless otherwise prohibited by law, the Department may require the Contractor to furnish, without additional cost to the Department, a performance bond or irrevocable letter of credit or other form of security for the satisfactory performance of work hereunder. The Department shall determine the type and amount of security. 7.5 Indemnification. To the extent permitted by Florida law, the Contractor agrees to indemnify, defend, and hold the Customer and the State of Florida, its officers, employees, and agents harmless from all fines, claims, assessments, suits, judgments, or damages, including consequential, special, indirect, and punitive damages, including court costs and attorney’s fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret, or intellectual property right or out of any acts, actions, breaches, neglect, or omissions of the Contractor, its employees, agents, subcontractors, assignees, or delegates related to the Contract, as well as for any determination arising out of or related to the Contract that the Contractor or Contractor’s employees, agents, subcontractors, assignees, or delegates are not independent contractors in relation to the Customer. The Contract does not constitute a waiver of sovereign immunity or consent by the Customer or the State of Florida or its subdivisions to suit by third parties. Without limiting this indemnification, the Customer may provide the Contractor (1) written notice of any action or threatened action, (2) the opportunity to take over and settle or defend any such action at Contractor’s sole expense, and (3) assistance in defending the action at Contractor’s sole expense. 7.6 Limitation of Liability. Unless otherwise specifically enumerated in the Contract or in the purchase order, neither the Department nor the Customer shall be liable for special, indirect, punitive, or consequential damages, including lost data or records (unless the Contract or purchase order requires the Contractor to back-up data or records), even if the Department or Customer has been advised that such damages are possible. Neither the Department nor the Customer shall be liable for lost profits, lost revenue, or lost institutional operating savings. The Department or Customer may, in addition to other remedies available to them at law or equity and upon notice to the Contractor, retain such monies from amounts due Contractor as may be necessary to satisfy any claim for damages, penalties, costs, and the like asserted by or against them. The State may set off any liability or other obligation of the Contractor or its affiliates to the State against any payments due the Contractor under any contract with the State. SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT, AND INTELLECTUAL PROPERTY. 8.1 Public Records. 8.1.1 Termination of Contract. DocuSign Envelope ID: F6C24579-2365-4A04-8DC8-3205A386B816 SP approved version 7‐1‐2019 11 The Department may terminate the Contract for refusal by the Contractor to comply with this section by not allowing access to all public records, as defined in Chapter 119, F. S., made or received by the Contractor in conjunction with the Contract. 8.1.2 Statutory Notice. Pursuant to section 119.0701(2)(a), F.S., for contracts for services with a contractor acting on behalf of a public agency, as defined in section 119.011(2), F.S., the following applies: 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 AT THE TELEPHONE NUMBER, EMAIL ADDRESS, AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDER. Pursuant to section 119.0701(2)(b), F.S., for contracts for services with a contractor acting on behalf of a public agency as defined in section 119.011(2), F.S., the Contractor shall: (a) Keep and maintain public records required by the public agency to perform the service. (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 in Chapter 119, F.S., or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law for the duration of the Contract term and following the 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. 8.2 Protection of Trade Secrets or Otherwise Confidential Information. 8.2.1 Contractor Designation of Trade Secrets or Otherwise Confidential Information. If the Contractor considers any portion of materials to be trade secret under section 688.002 or 812.081, F.S., or otherwise confidential under Florida or federal law, the Contractor must clearly designate that portion of the materials as trade secret or otherwise confidential when submitted to the Department. The Contractor will be DocuSign Envelope ID: F6C24579-2365-4A04-8DC8-3205A386B816 SP approved version 7‐1‐2019 12 responsible for responding to and resolving all claims for access to Contract-related materials it has designated trade secret or otherwise confidential. 8.2.2 Public Records Requests. If the Department receives a public records request for materials designated by the Contractor as trade secret or otherwise confidential under Florida or federal law, the Contractor will be responsible for taking the appropriate legal action in response to the request. If the Contractor fails to take appropriate and timely action to protect the materials designated as trade secret or otherwise confidential, the Department will provide the materials to the requester. 8.2.3 Indemnification Related to Confidentiality of Materials. The Contractor will protect, defend, indemnify, and hold harmless the Department for claims, costs, fines, and attorney’s fees arising from or relating to its designation of materials as trade secret or otherwise confidential. 8.3 Document Management. The Contractor must retain sufficient documentation to substantiate claims for payment under the Contract and all other records, electronic files, papers, and documents that were made in relation to this Contract. The Contractor must retain all documents related to the Contract for five (5) years after expiration of the Contract or, if longer, the period required by the General Records Schedules maintained by the Florida Department of State available at the Department of State’s Records Management website. 8.4 Intellectual Property. 8.4.1 Ownership. Unless specifically addressed otherwise in the Contract, the State of Florida shall be the owner of all intellectual property rights to all property created or developed in connection with the Contract. 8.4.2 Patentable Inventions or Discoveries. Any inventions or discoveries developed in the course, or as a result, of services in connection with the Contract that are patentable pursuant to 35 U.S.C. § 101 are the sole property of the State of Florida. Contractor must inform the Customer of any inventions or discoveries developed or made through performance of the Contract, and such inventions or discoveries will be referred to the Florida Department of State for a determination on whether patent protection will be sought. The State of Florida will be the sole owner of all patents resulting from any invention or discovery made through performance of the Contract. 8.4.3 Copyrightable Works. Contractor must notify the Department or State of Florida of any publications, artwork, or other copyrightable works developed in connection with the Contract. All copyrights created or developed through performance of the Contract are owned solely by the State of Florida. SECTION 9. DATA SECURITY. DocuSign Envelope ID: F6C24579-2365-4A04-8DC8-3205A386B816 SP approved version 7‐1‐2019 13 The Contractor will maintain the security of State of Florida data including, but not limited to, maintaining a secure area around any displayed visible data and ensuring data is stored and secured when not in use. The Contractor and subcontractors will not perform any of the services from outside of the United States, and the Contractor will not allow any State of Florida data to be sent by any medium, transmitted, or accessed outside the United States due to Contractor’s action or inaction. In the event of a security breach involving State of Florida data, the Contractor shall give notice to the Customer and the Department within one business day. “Security breach” for purposes of this section will refer to a confirmed event that compromises the confidentiality, integrity, or availability of data. Once a data breach has been contained, the Contractor must provide the Department with a post-incident report documenting all containment, eradication, and recovery measures taken. The Department reserves the right in its sole discretion to enlist a third party to audit Contractor’s findings and produce an independent report, and the Contractor will fully cooperate with the third party. The Contractor will also comply with all HIPAA requirements and any other state and federal rules and regulations regarding security of information. SECTION 10. GRATUITIES, LOBBYING, AND COMMUNICATIONS. 10.1 Gratuities. The Contractor will not, in connection with this Contract, directly or indirectly (1) offer, give, or agree to give anything of value to anyone as consideration for any State of Florida officer’s or employee’s decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone anything of value for the benefit of, or at the direction or request of, any State of Florida officer or employee. 10.2 Lobbying. In accordance with sections 11.062 and 216.347, F.S., Contract funds are not to be used for the purpose of lobbying the Legislature, the judicial branch, or the Department. Pursuant to section 287.058(6), F.S., the Contract does not prohibit the Contractor from lobbying the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding the Contract after the Contract is executed and during the Contract term. 10.3 Communications. 10.3.1 Contractor Communication or Disclosure. The Contractor shall not make any public statements, press releases, publicity releases, or other similar communications concerning the Contract or its subject matter or otherwise disclose or permit to be disclosed any of the data or other information obtained or furnished in compliance with the Contract, without first notifying the Customer’s Contract Manager and securing the Customer’s prior written consent. 10.3.2 Use of Customer Statements. The Contractor shall not use any statement attributable to the Customer or its employees for the Contractor’s promotions, press releases, publicity releases, marketing, corporate communications, or other similar communications, without first notifying the Customer’s Contract Manager and securing the Customer’s prior written consent. DocuSign Envelope ID: F6C24579-2365-4A04-8DC8-3205A386B816 SP approved version 7‐1‐2019 14 SECTION 11. CONTRACT MONITORING. 11.1 Performance Standards. The Contractor agrees to perform all tasks and provide deliverables as set forth in the Contract. The Department and the Customer will be entitled at all times, upon request, to be advised as to the status of work being done by the Contractor and of the details thereof. 11.2 Performance Deficiencies and Financial Consequences of Non-Performance. 11.2.1 Proposal of Corrective Action Plan. In addition to the processes set forth in the Contract (e.g., service level agreements), if the Department or Customer determines that there is a performance deficiency that requires correction by the Contractor, then the Department or Customer will notify the Contractor. The correction must be made within a time-frame specified by the Department or Customer. The Contractor must provide the Department or Customer with a corrective action plan describing how the Contractor will address all performance deficiencies identified by the Department or Customer. 11.2.2 Retainage for Unacceptable Corrective Action Plan or Plan Failure. If the corrective action plan is unacceptable to the Department or Customer, or implementation of the plan fails to remedy the performance deficiencies, the Department or Customer will retain ten percent (10%) of the total invoice amount. The retainage will be withheld until the Contractor resolves the performance deficiencies. If the performance deficiencies are resolved, the Contractor may invoice the Department or Customer for the retained amount. If the Contractor fails to resolve the performance deficiencies, the retained amount will be forfeited to compensate the Department or Customer for the performance deficiencies. 11.3 Performance Delay. 11.3.1 Notification. The Contractor will promptly notify the Department or Customer upon becoming aware of any circumstances that may reasonably be expected to jeopardize the timely and successful completion (or delivery) of any commodity or contractual service. The Contractor will use commercially reasonable efforts to avoid or minimize any delays in performance and will inform the Department or the Customer of the steps the Contractor is taking or will take to do so, and the projected actual completion (or delivery) time. If the Contractor believes a delay in performance by the Department or the Customer has caused or will cause the Contractor to be unable to perform its obligations on time, the Contractor will promptly so notify the Department and use commercially reasonable efforts to perform its obligations on time notwithstanding the Department’s delay. 11.3.2 Liquidated Damages. The Contractor acknowledges that delayed performance will damage the DepartmentCustomer, but by their nature such damages are difficult to ascertain. Accordingly, the liquidated damages provisions stated in the Contract documents will apply. Liquidated damages are not intended to be a penalty and are solely intended to compensate for damages. 11.4 Force Majeure, Notice of Delay, and No Damages for Delay. DocuSign Envelope ID: F6C24579-2365-4A04-8DC8-3205A386B816 SP approved version 7‐1‐2019 15 The Contractor will not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its employees or agents contributed to the delay, and the delay is due directly to fire, explosion, earthquake, windstorm, flood, radioactive or toxic chemical hazard, war, military hostilities, terrorism, civil emergency, embargo, riot, strike, violent civil unrest, or other similar cause wholly beyond the Contractor’s reasonable control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Contractor. The foregoing does not excuse delay which could have been avoided if the Contractor implemented any risk mitigation required by the Contract. In case of any delay the Contractor believes is excusable, the Contractor will notify the Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten (10) calendar days after the cause that created or will create the delay first arose, if the Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable, within five (5) calendar days after the date the Contractor first had reason to believe that a delay could result. The foregoing will constitute the Contractor’s sole remedy or excuse with respect to delay. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages will be asserted by the Contractor. The Contractor will not be entitled to an increase in the Contract price or payment of any kind from the Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist the Contractor will perform at no increased cost, unless the Department determines, in its sole discretion, that the delay will significantly impair the value of the Contract to the State of Florida or to Customers, in which case the Department may (1) accept allocated performance or deliveries from the Contractor, provided that the Contractor grants preferential treatment to Customers and the Department with respect to commodities or contractual services subjected to allocation, or (2) purchase from other sources (without recourse to and by the Contractor for the related costs and expenses) to replace all or part of the commodity or contractual services that are the subject of the delay, which purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole or in part. SECTION 12. CONTRACT AUDITS. 12.1 Performance or Compliance Audits. The Department may conduct or have conducted performance and/or compliance audits of the Contractor and subcontractors as determined by the Department. The Department may conduct an audit and review all the Contractor’s and subcontractors’ data and records that directly relate to the Contract. To the extent necessary to verify the Contractor’s fees and claims for payment under the Contract, the Contractor’s agreements or contracts with subcontractors, partners, or agents of the Contractor, pertaining to the Contract, may be inspected by the Department upon fifteen (15) calendar days’ notice, during normal working hours and in accordance with the Contractor’s facility access procedures where facility access is required. Release statements from its subcontractors, partners, or agents are not required for the Department or its designee to conduct compliance and performance audits on any of the Contractor’s contracts relating to this Contract. The Inspector General, in accordance with section 5.6, the State of Florida’s Chief Financial Officer, the Office of the Auditor General also have authority to perform audits and inspections. DocuSign Envelope ID: F6C24579-2365-4A04-8DC8-3205A386B816 SP approved version 7‐1‐2019 16 12.2 Payment Audit. Records of costs incurred under terms of the Contract will be maintained in accordance with section 8.3 of these Special Contract Conditions. Records of costs incurred will include the Contractor’s general accounting records, together with supporting documents and records of the Contractor and all subcontractors performing work, and all other records of the Contractor and subcontractors considered necessary by the Department, the State of Florida’s Chief Financial Officer, or the Office of the Auditor General. SECTION 13. BACKGROUND SCREENING AND SECURITY. 13.1 Background Check. The Department or Customer may require the Contractor to conduct background checks of its employees, agents, representatives, and subcontractors as directed by the Department or Customer. The cost of the background checks will be borne by the Contractor. The Department or Customer may require the Contractor to exclude the Contractor’s employees, agents, representatives, or subcontractors based on the background check results. In addition, the Contractor must ensure that all persons have a responsibility to self-report to the Contractor within three (3) calendar days any arrest for any disqualifying offense. The Contractor must notify the Contract Manager within twenty-four (24) hours of all details concerning any reported arrest. Upon the request of the Department or Customer, the Contractor will re-screen any of its employees, agents, representatives, and subcontractors during the term of the Contract. 13.2 E-Verify. The Contractor must use the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired during the term of the Contract for the services specified in the Contract. The Contractor must also include a requirement in subcontracts that the subcontractor must utilize the E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. In order to implement this provision, the Contractor must provide a copy of its DHS Memorandum of Understanding (MOU) to the Contract Manager within five (5) calendar days of Contract execution. If the Contractor is not enrolled in DHS E- Verify System, it will do so within five (5) calendar days of notice of Contract award and provide the Contract Manager a copy of its MOU within five (5) calendar days of Contract execution. The link to E-Verify is https://www.uscis.gov/e-verify. Upon each Contractor or subcontractor new hire, the Contractor must provide a statement within five (5) calendar days to the Contract Manager identifying the new hire with its E-Verify case number. 13.3 Disqualifying Offenses. If at any time it is determined that a person has been found guilty of a misdemeanor or felony offense as a result of a trial or has entered a plea of guilty or nolo contendere, regardless of whether adjudication was withheld, within the last six (6) years from the date of the court’s determination for the crimes listed below, or their equivalent in any jurisdiction, the Contractor is required to immediately remove that person from any position with access to State of Florida data or directly performing services under the Contract. The disqualifying offenses are as follows: (a) Computer related crimes; (b) Information technology crimes; DocuSign Envelope ID: F6C24579-2365-4A04-8DC8-3205A386B816 SP approved version 7‐1‐2019 17 (c) Fraudulent practices; (d) False pretenses; (e) Frauds; (f) Credit card crimes; (g) Forgery; (h) Counterfeiting; (i) Violations involving checks or drafts; (j) Misuse of medical or personnel records; and (k) Felony theft. 13.4 Confidentiality. The Contractor must maintain confidentiality of all confidential data, files, and records related to the commodities or contractual services provided pursuant to the Contract and must comply with all state and federal laws, including, but not limited to sections 381.004, 384.29, 392.65, and 456.057, F.S. The Contractor’s confidentiality procedures must be consistent with the most recent version of the Department security policies, protocols, and procedures. The Contractor must also comply with any applicable professional standards with respect to confidentiality of information. SECTION 14. WARRANTY OF CONTRACTOR’S ABILITY TO PERFORM. The Contractor warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Contractor’s ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate is currently on the Suspended Vendor List, Convicted Vendor List, or the Discriminatory Vendor List, or on any similar list maintained by any other state or the federal government. The Contractor shall immediately notify the Department in writing if its ability to perform is compromised in any manner during the term of the Contract. DocuSign Envelope ID: F6C24579-2365-4A04-8DC8-3205A386B816 State of Florida Purchasing Card Program Eligible User Agreement In accordance with State Term Contract No. 84121500-15-01 The State of Florida Department of Management Services ("Department" or "DMS") has agreed that State Agencies and local government entities in the State of Florida (each an "Eligible User") may utilize the purchasing card program of the State of Florida ("Purchasing Card Program") as the basis for establishing a purchasing card program with an Eligible User. This Eligible User Agreement (the "Agreement") is entered into by Citv of Clearwater the "Eligible User") and Bank of America (the "Contractor") as of the date last signed by the parties (the "Effective Date"). By signing this Agreement, the Eligible User requests, and the Contractor agrees to provide to the Eligible User, the corporate purchasing card services set forth in State Term Contract number 84121500-15-01. Incorporated documents do not negate the provision of the Contract. Any product, service or maintenance provisions that do not comply with Florida law or require an Eligible User to indemnify the Contractor are invalid. The Eligible User and the Contractor agree as follows: A. All defined terms in the Contract apply to this Eligible User Agreement. B. By signing this Eligible User Agreement, the Eligible User and the Contractor agree to be bound by the terms of this Eligible User Agreement and the Contract in the performance of their obligations. By signing below, the Eligible User represents that a copy of the Contract has been provided or made available to it. C. With regard to Eligible User participation, the following applies: 1. Eligible User Warranties. The Eligible User represents and warrants to the Contractor that: 1.1 it is an Eligible User, as defined under the Contract; 1.2 it is contracting for purchasing card services with the Contractor, and its performance of its obligations under this Agreement and the Contract will not violate any law, regulation, judgment, decree or order applicable to it, and 1.3 it desires to utilize the Purchasing Card Program ("Program") ofthe Department as the basis for establishing a purchasing card program. The Eligible User acknowledges and agrees that, notwithstanding anything to the contrary in the Contract, the Contractor will provide the Department and DFS with access to the following information: (i) Eligible User's name and agreement to the provisions of the Contract and the Agreement; (ii) data related to the Eligible User's Cardholder Transactions and use of the purchasing card program; and (iii) amount of rebate paid by the Contractor to the Eligible User under the Program. State of Florida Purchasing Card Program Eligible User Agreement Page 1 of 12 2. Contractor's Obligations, 2.1 Card Accounts. The Contractor will open Card Accounts, upon the Eligible User's request, which Cardholders may use to conduct Transactions for the Eligible User's business. All Transactions made on a Card Account are considered authorized by the Eligible User unless the Contractor receives, and has had a reasonable period of time to act upon, written notice from the Eligible User that the Cardholder is no longer authorized to use the Card or the Card Account. At the Eligible User's request, the Contractor may also establish a Cardless Account. If an OEU so requests, the Contractor will provide to the Cardholder, at the address the OEU specifies, a Billing Statement reflecting the Cardholder's use of the relevant Card Account. 2.2 External Fraud. The Contractor will assume the financial liability for all external fraud if the Eligible User or Cardholder has not authorized or participated in the specific Transaction. If there is internal fraud or collusion, the Contractor will deliver misuse insurance provided by the card network to help the Eligible User with recovery from card networks. 3. Eligible User's Obligations. 3.1 The Eligible User shall use each Card Account solely for business purposes, and shall pay according to section 13, Exhibit C, Special Contract Conditions, for each Transaction, regardless of its purpose or whether the Eligible User signed a sales draft or received a receipt. 3.2 The Eligible User represents and warrants to the Contractor that each Cardholder is a current employee, or for OEU's, an employee or agent of the OEU. If a Cardholder ceases to be the Eligible User's employee or agent, the Eligible User must provide notice as soon as practicable and destroy or return to the Contractor as soon as practicable the Card allocated to that Cardholder. 3.3 The Eligible User will promptly furnish such financial and other information as the Contractor requests for the purpose of reviewing the Eligible User's ability to perform the Eligible User's obligations to the Contractor. Notwithstanding the foregoing, the financial information for State Agencies is located at: http://www.mvflorkdacfo.com/aadir/statewide financial reporting/index.htm. The Eligible User represents and warrants that all information about the Eligible User, its employees, and agents is accurate and sufficiently complete to give the Contractor accurate knowledge of the Eligible User's financial condition. 3.4 The Eligible User and each Cardholder will check to ensure that the information on each new Card is correct, and the Eligible User will contact the Contractor if there is an error. 3.5 The Statewide Purchasing Card Administrator or OEU Eligible User must give Contractor prompt written notice of any addition, deletion or change of its Purchasing Card Administrator. State of Florida Purchasing Card Program Eligible User Agreement Page 2 of 12 3.6 The Eligible User is responsible for maintaining the security of its data outside the Contractor's or Contractor's vendors' systems. The Contractor is responsible for maintaining the security of the Eligible User's data on the Contractor's or Contractor's vendors' systems. 3.7 Compliance with Law. The Eligible User must comply, and ensure that its Cardholders and Transactions comply with all laws to which the Eligible User, the Cardholder or the Transaction may be subject, including all AML/Sanctions Laws. The Eligible User must provide all notifications or information necessary to allow the Contractor to comply with obligations under any AMUSanctions Laws, including (if necessary) providing any information required to establish and verify the identity and background of any Cardholder. The Eligible User represents and warrants to the Contractor that the performance of its obligations will not violate any law or facilitate illegal transactions. 3.8 OFAC Covenant. The Eligible User covenants that it will not use or permit any Cardholder to use, any Card, Cardless Account, Cash Advance or Convenience Check to transact, lend, contribute, or otherwise make available funds to any Subsidiary, joint venture partner or other individual or entity (" Persons), to fund any disallowed activities of or business with any Person, in Cuba, Iran, North Korea, Sudan, Syria, or in any country or territory, that, at the time of such funding, is the subject of any Sanctions, or in any other manner that will result in a violation by any person (including any person participating in the transaction, whether as advisor, investor or otherwise) of Sanctions. 3.9 Credit Limit. The Contractor will establish one total credit limit for all Card Accounts issued to the Eligible User and all of its Cardholders. The Eligible User shall determine an individual credit limit for each Cardholder Account which is part of any of its Card Accounts issued to the Eligible User and all of its Cardholders. The individual credit limits for each Cardholder Account, when aggregated, may exceed the total credit limit for all Card Accounts issued to the Eligible User and all of its Cardholders. However, this will not increase the total credit limit. Upon the Eligible User's request and if approved by the Contractor, the Contractor may increase the total credit limit or any individual limit. The Contractor may decrease the total credit limit or any individual limit in its reasonable discretion with notification to the Eligible User as soon as practicable, but in no event later than the same date as the decrease. 3.10 Transactions Exceeding the Credit Limit, The Eligible User agrees not to incur obligations which would cause the total credit limit for all Card Accounts to be exceeded. The Contractor will make available online tools and standard reporting to monitor cardholder activity. if the Eligible User exceeds the total credit limit for all Card Accounts, the Contractor may refuse any Transactions on all Card Accounts. The Contractor also may require the entire balance owing on the most recent Billing Statement to be immediately due and payable before further use of Card Accounts. If the Eligible User's individual Card limit is exceeded and that individual Cardholder Account is individually billed, the Contractor may (I) refuse any Transactions applicable to that Cardholder Account until a payment is made to reduce the balance below the individual Cardholder's credit limit or until the Eligible User increases that Cardholder's credit limit; and (ii) charge the Eligible User a fee as set in the Schedule of Charges in Exhibit A-1 attached hereto). State of Florida Purchasing Card Program Eligible User Agreement Page 3 of 12 3.11 Currency Conversion. If an Eligible User or its Cardholders make a Transaction in currency other than U.S. dollars, Visa or MasterCard will convert the charge or credit into a U.S. dollar amount The conversion rate on the processing date may differ from the rate on the date of your Transaction. The exchange rate used by Visa will either be (i) a rate selected by Visa from a range of rates available in wholesale currency markets for the applicable central processing date, which rate may differ from the rate Visa receives, or (ii) the government -marinated rate in effect for the central processing date. MasterCard will use an exchange rate of either (1) a wholesale market rate or (ii) a government -mandated rate. 3.12 International Transaction Fee. The Contractor may add a fee to the U.S. dollar amount of any Transaction that is made in a foreign currency (the "International Transaction Fee"). The International Transaction Fee is set in the Schedule of Charges in Exhibit G (as defined in State Term Contract number 84121500-15-01) and Exhibit A -1 (attached hereto). 4. Disputes with Merchants and SuPPIierrs, 4.1 Disputes with Merchants and Suppliers. The Contractor will have no liability for goods or services purchased with, or for a Merchant's or Supplier's failure to honor purchases made with a Card Account. If the Eligible User has any questions, problems or disputes concerning the quality of any goods or services purchased using a Card Account or Card, a purchase price discrepancy, warranty or other performance issues or any other purchase matter, the Eligible User must contact the Merchant or Supplier directly. The Eligible User may not rely on any claim or dispute concerning the purchase of goods or services using a Card Account or Card as a reason to avoid the Eligible User's payment obligations under the Contract, Notwithstanding the foregoing, when the Contractor processes any request for a Transaction refund through a card network on the Eligible User's behalf, which for the avoidance of doubt shall be processed in accordance with the operating rules and regulations of such card network, the Eligible User agrees that, in a dispute with a Merchant or Supplier, the Contractor will be subrogated to the Eligible User's rights and each Cardholder's rights against the Merchant or Supplier and the Eligible User will assign (and cause the Cardholder to assign) to the Contractor the right to assert a billing error against the Merchant or Supplier. The Eligible Userwill, and will cause the Cardholder to, do whatever is necessary to enable the Contractor to exercise those rights. The Contractor may reverse from any Card Account any Transactions relating to the dispute. 4.2 Authorization for Transactions. A Merchant or Supplier may seek prior authorization from the Contractor before completing a Transaction. If the Eligible User advises the Contractor in writing that the Eligible User desires to restrict Transactions to Merchants falling within certain categories the Contractor designates, to the extent consistent with the Statement of Work and the Contract, the Contractor will take reasonable steps to prevent authorization of Transactions from other types of Merchants. The Contractor, however, will not be liable to the Eligible User if Merchants or suppliers nonetheless accept a Card for other types of Transactions, or if authorization for a Transaction is not given. The Contractor may also refrain from authorizing a Transaction for any reason in the Contractor's reasonable discretion. State of Florida Purchasing Card Program Eligible User Agreement Page 4 of 12 4.3 Forms of Consent. If a Transaction is made using a Card or a Card Account number, the Eligible User needs to consent to the Transaction (whether by a Cardholder giving consent or otherwise) so that the Contractor can make sure that it is genuine. A Transaction can be consented to by: i. using a Card with the relevant card PIN or a signature; ii. using the account number and other details requested; iii. presenting a Card to the supplier's terminal if the Transaction is made using contactless technology; or iv. such other means as the Department and the Contractor may from time to time agree. The Contractor may deem Transactions which have not been consented to in one of the above manners to be unauthorized and the Contractor may decline to process such Transactions. This is in addition to any other rights the Contractor has to decline Transactions according to Eligible User Agreement Sections 4, 5.1, or 5.2 (disputes, authorizations and Unauthorized Use). 5. Lost or Stolen Cards: Unauthorized Use. 5.1 Authorization Denials. The Contractor may refrain from authorizing any Transaction: i. if the Contractor suspects that the Transaction is or might be fraudulent or unlawful or for the purpose of any fraudulent or unlawful activity; H. if the Contractor suspects that the Transactor' constitutes or might constitute Unauthorized Use as defined in Section (3)(yyy), Exhibit A, Definitions; or iiiif to authorize that Transaction would cause the Contractor to breach any law including any AML/Sanctions Laws by which the Contractor must abide). 5.2 Failure to Authorize. Subject to applicable law, the Contractor will not be liable to the Eligible User if the Contractor fails to authorize or declines any Transaction for any reason. If a Transaction is not authorized or declined, the Eligible User may seek, and the Contractor will provide, reasonable assistance in investigating and resolving the declined or unauthorized Transaction. 5.3 Reporting a Loss, Theft or Unauthorized Use; Assisting with Investigations. In the event of a possible loss or theft of a card, or Card Account or possible Unauthorized Use, the Eligible User will give the Contractor notice as provided in section 10.6, Exhibit D, Statement of Work, or using the Solution. The Eligible User agrees to give the Contractor this notice as soon as reasonable after discovery of the known or suspected loss or theft or Unauthorized Use. If notice is provided and the Eligible User assists the Contractor in investigating the loss, theft or possible Unauthorized Use, then the Eligible User will not be liable for Transactions resulting from Unauthorized Use. If the Contractor has issued fewer than ten Card Accounts to the Eligible User, the Eligible User's liability for Transactions by a person who does not have actual, implied or apparent authority to use the Card, or Card Account and whose use does not result in a direct or indirect benefit to the Eligible User, will not exceed $50 on each Card. State of Florida Purchasing Card Program Eligible User Agreement Page 5 of 12 6. License to Use the ElLgible User's Marks. Upon the Eligible User's request, the Contractor may place the Eligible User's trademark, trade name, service mark and/or designs ("Eligible User's Marks") on the Cards consistent with section 10, Exhibit D, Statement of Work. The Eligible User will provide the graphics to the Contractor in sufficient time to allow for review and approval by the Contractor and, if necessary, the respective card network. The Eligible User or the State, as applicable, grants to the Contractor a non-exclusive license to use, during the term of the service, Eligible User's Marks on the Cards. 7. Convenience Checks. In the event the Contractor provides Convenience Checks with regard to an OEU Card Account, the Convenience Checks may not be used to make payment on the Card Account The Contractor may pay a Convenience Check and post its amount to the Card Account regardless of any restriction on payment, including a Convenience Check that is post-dated, that states it is void after a certain date or that states a maximum or minimum amount for which it may be written. Once paid, Convenience Checks will not be returned to the OEU or the Cardholder. If an OEU wishes to stop payment on a Convenience Check, it must call the Contractor at the customer service number shown on the Billing Statement and provide such information as the Contractor requests or is required under the relevant User Documentation. The Contractor will stop payment if the request is received on or before the Business Day on which the Contractor would otherwise pay the Convenience Check. The date on which the Contractor would pay a Convenience Check may be prior to the date it would post to the Card Account. A stop payment order will remain in effect for up to six months, 8. Cardless Accounts; Accounts not in Name of Individual, The Contractor may establish a Cordless Account or establish a Card Account with a designation which is not an actual individual, including, without limitation, designation of a vehicle identification number, ricense number, department name or "Authorized Representative" on the Card Account if requested by the Eligible User. The Eligible User may provide the number associated with the Cordless Account to its Cardholders. The Eligible User agrees to be solely responsible for the use of any such Cardless Account or Gard Account, including, without limitation, any Unauthorized Use. The Contractor will however assist the Eligible User with any disputed transaction as described in Section 4. 9. Statements and Payment. For Eligible Users see section 13, Exhibit C, Special Contract Conditions. For OEUs, see Sections 9.1 — 9.5. 9.1 Issue of statements. The Contractor will provide to the Card Administrator, or other person the OEU designates in writing, a Billing Statement which will identify each Transaction posted during the billing cycle and the date of the Transaction. The Billing Statement will also list any applicable fees and charges for a Serviceff the OEU has requested a Card Account for travel and entertainment Transactions, the Contractor will provide, upon the OEU's request, an additional copy of the Billing Statement covering such use of the relevant Card Account to the appropriate Cardholder at the address which the OEU or the Cardholder provides to the State of Florida Purchasing Card Program Eligible User Agreement Page 6 of 12 Contractor. The OEU agrees that the Contractor may provide Billing Statements or make Billing Statements available by electronic means, including by way of electronic mail or a Website. 9.2 Review of statements. On the OEU's receipt of a Billing Statement, the OEU must review it and notify the Contractor by telephone (using the appropriate telephone number set out in the Billing Statement), electronic mail, or other method that may be agreed upon by the parties of any Transaction appearing on that statement which the OEU considers may have resulted from any Unauthorized Use. The OEU must give this notice as soon as practicable but in any event not later than 60 days after the OEU receives the Billing Statement. Ifthe OEU opts to have individual statements sent to individual Cardholders, the OEU must ensure that each relevant Cardholder complies with the provisions of this Section 9.2. Subject to the requirements of any applicable laws, if the OEU does not (or if a relevant Cardholder does not) give the Contractor notice in accordance with this Section 9,2, the Contractor may not be liable to refund any amounts relating to that Transaction. 9.3 Payment of statement amount. The OEU will pay, or ensure that the relevant Cardholder pays on the OEU's behalf, to the Contractor the total amount shown as due on each Billing Statement on or before the Payment Due Date shown on the statement. If the Contractor does not receive payment in Rall by the specified due date, in addition to its other rights, the Contractor may assess a late fee and finance charge as set in the Schedule of Charges for the OEU in Exhibit A -1 (attached hereto). The OEU has no right to defer any payment due on any Card Account. For the avoidance of doubt, if individual billing applies, the Contractor will collect from the OEU for any amount due which is not paid by a Cardholder. 9.4 Service fees. The OEU will pay the Contractor for a Service set in the Schedule of Charges in Exhibit A -1 (attached hereto). 9.5 Account identification. If an OEU or any Cardholder makes any payment to the Contractor in connection with a Card Account, it must, or ensure that the Cardholder must, at the same time provide the Contractor with either the account number or the Card number. The Contractor shall not be liable for any delay in crediting any such payment or recording any Transaction, where this information is not provided to the Contractor in accordance with this Section 9.5. 10, Termination. 10.1 All terminations are contingent on written notice. The following events may be the basis for termination for default: 10.1.1 If an Eligible User fails to pay when due undisputed charges totaling at least two months' charges under the Contract and fails to make such payment within fifteen (15) days after receipt of written notice of non-payment from the Contractor referencing this section, and stating that the Contractor intends to terminate the Eligible User Agreement for nonpayment, then the Contractor may terminate the Agreement as of the date specified by the Contractor in a separate written notice of termination. This notice is contingent on prior completion of a dispute resolution process between the parties. State of Florida Purchasing Card Program Eligible User Agreement Page 7 of 12 10.1.2 If an Eligible User fails to comply with any material law or regulation controlling its operation, including AML or Sanctions Law, the Contractor has the right to file a notice of termination immediately, which notice shall specify the asserted non-compliance and attach supporting evidence. 10.1.3 If an Eligible User materially breaches any of the terms and conditions of this Agreement, and does not cure or commence a cure of the breach within 30 days of written notice, then the Contractor has the right to file an immediate notice of termination contingent on prior completion of a dispute resolution process between the parties. 10.2. If an Eligible User experiences a material adverse change in the Eligible User's financial condition and the Eligible User's ability to perform its obligations under the terms of the Eligible User Agreement are negatively impacted, then the Contractor may terminate the specific Eligible User Agreement after providing written notice referencing this section and stating that the Contractor intends to terminate the Eligible User Agreement as of a date specified in the notice of termination. This notice is contingent on prior completion of a dispute resolution process between the parties. 10.3 Upon any termination of an Eligible User Agreement, the Eligible User will immediately destroy, and will instruct all Cardholders to immediately destroy, all Cards. The Eligible User's responsibility to pay for all undisputed Transactions regarding each Card Account will continue until the Eligible User notifies the Contractor to close the Card Account or until the Eligible User pays for all Transactions entered into before the Contractor closes the Card Account to future use, whichever occurs later. The Contractor and the Eligible User shall settle all outstanding liabilities and all claims arising out of such termination. After termination, the Eligible User and all Cardholders will make no new Transactions on any Card Account. If, however, the Eligible User makes such Transactions, the Eligible User will be liable for each of them. These obligations will continue after a service the Eligible User is using has been terminated. 11. Receipts Imaoino Service. The OEU may elect to use the Contractor's receipts imaging service whereby the OEU will send copies of its transaction receipts, and the Contractor will electronically store those receipts (the receipts imaging service"). It is the OEU's obligation to send the Contractor legible copies of transaction receipts. The OEU acknowledges and agrees that the Contractor will not review the transaction receipts and that the OEU is responsible for retaining the original receipts. The Contractor will not be liable for damages if the images are illegible or blank or for failure to provide copies by a given time or for failure to provide copies the Contractor is not reasonably able to provide. Images will be made available to the OEU by website at such times as may be set forth in the applicable User Documentation or as otherwise established by the Contractor. There is no charge for this service. 12. Notices. Any notice required or permitted to be given under this Eligible User Agreement or the Contract from one party to the other will be in writing and will be given and deemed to have been given when actually received, if hand delivered, delivered by telephonic facsimile transmission equipment and confirmed by telephone, with and original mailed or hand -delivered thereafter or State of Florida Purchasing Card Program Eligible User Agreement Page 8 of 12 mailed by certified or registered mail with postage prepaid to the Party or their successor at the address specified as follows: i. Eligible User: City of Clearwater Procurement Division PO Box 4748. Clearwater. FL 33758 ii. Contractor. Bank of America P.O. Box 28 Norfolk, VA 23510 For overnight delivery send to: Bank of America Commercial Card: Floor 11 3 Commercial Place Norfolk, VA 23510 Routine notices given by Contractor to the Eligible User, such as transaction details, changes in terms required by systems updates or payment card network changes and any reasonable notice required by the Contractor's licenses or schedules, may be delivered by electronic mail to the address provided by the Eligible User. Either party may change the address to which notices are to be delivered by giving to the other party not less than ten (10) Business Days prior written notice thereof. 13. Information Security/Data Protection. Data Security requirements are described in section 7, Exhibit C, Special Contract Conditions. The folknwing are policies of the Contractor: 13.1 Overall Data Security Regulations. As a financial institution, the Contractor' is required to comply with the information security standards of, as applicable, the Gramm Leach Bliley Act and the regulations issued thereunder the Fair and Accurate Credit Transactions Act and the regulations issued thereunder; the Federal Financial Institutions Examination Council (FFIEC) criteria; the Interagency Guidance on Response Programs for Unauthorized Access to Customer Information and Customer Notice; the US Securities and Exchange Commission; FINRA; the NASD; and other federal statutory, national and international legal and regulatory requirements. The Contractor is evaluated regularly for compliance with these obligations by various US and international regulators, including, the US Office of the Comptroller of the Currency, as applicable. 13.2 Security and Confidentiality. The Contractor maintains an information security policy that: contains appropriate administrative, technical, and physical safeguards designed to protect against Information Security Events; conforms as required to the requirements of applicable data protection laws; and sets forth policies and procedures that are consistent with, to the extent applicable to the Services, PCI DSS standards, the card networks' rules and regulations; and Financial Services Industry Best Practices. State of Florida Purchasing Card Program Eligible User Agreement Page 9 of 12 13.3 Organizational Security. All information is stored in the United States for programs in the United States and Canada. 13.4 Human Resources Security. The Contractor takes reasonable steps to ensure that its Workforce is aware of their obligations in the provision of the Services and applicable data protection laws, including that any unauthorized processing or disclosure of the Personal Data may lead to disciplinary action under their contract of employment or other contractual arrangements. Prior to receiving access to Personal Data, the Workforce and any Extended Workforce will receive appropriate security awareness training and recurring security awareness training at appropriate intervals. The access rights of the Contractor's Workforce with access to the Contractor's Information Processing System(s) or media containing.Personal Data are removed upon termination of their employment, contract or agreement, or adjusted upon change of job function. 13.5 Physical and Environmental Security. Contractor protects all areas that contain Information Processing System(s) or media containing Personal Data by the use of security controls deemed appropriate by the Contractor. 13.6 Information Security Event Management. The Contractor maintains an incident response pian that addresses handling of information Security Events. In accordance with such incident response plan, the Contractor will; Provide Eligible User prompt, but in no event later than two (2) Business Days of becoming aware thereof, notice of any information Security Event documented and verified by the Contractor as part of its standard incident response process that involves, or which the Contractor reasonably believes involves, the unauthorized access, use or disclosure of Eligible User's Personal Data. Such notice shall, to the extent the Contractor is legally allowed, summarize in reasonable detail the Information Security Event and the corrective action taken or to be taken by the Contractor, if known at that time. The Contractor will promptly take all corrective action deemed necessary or appropriate by the Contractor at no additional charge to the Eligible User. 13.7 Security Assessments. The Contractor permits the Eligible User's representatives to perform one annual on-site or written assessment of the security controls used at the Contractor's data processing and business facilities. Also such assessment may be requested after an information Security Event. Such assessments will be performed during regular business hours, at a date and time agreed to by both Parties, and will not require access to Information Processing System(s). Such assessments will be subject to the Contractor's security policies, procedures, and restrictions, including restrictions on access to data centers, the ability to perform hands-on testing, and copying of certain materials. The Contractor scans internal and external facing Information Processing System(s) with applicable industry standard security vulnerability scanning software (including network, server, State of Florida Purchasing Card Program Eligible User Agreement Page 10 of 12 application and database scanning tools) at a minimum once per month and perform mitigations that the Contractor deems appropriate to address issues identified. The Contractor performs a comprehensive application penetration test and security evaluation of all websites used to store, access, or process Personal Data prior to use and at least annually thereafter. State of Florida Purchasing Card Program Eligible User Agreement Page 11 of12 IN WITNESS WHEREOF, the parties hereby execute this Eligible User Agreement as of the Effective Date. Counters' ned: c(p) (Itf\C, &O$ George N. Cretekos Mayor Owen Kohler Assistant City Attorney State of Florida Purchasing Card Program Eligible User Agreement Bank of America, N.A. Signature: Name: Title: Date: VLCC Prc6ieltokt 1-3o—t9 CITY OF CLEARWATER 8, 1444.4)—m -- William B. Home II City Manager Attest: Rosemarie Call City Clerk Page 12 of 12 EXHIBIT A-1 Schedule of Fees, Charges and Rebates Other Eligible Users Please Note: Section 10 under "Rebate Calculation and Payment:" the equation formula, the Standard Transactions Rebate Multiplier Table and the Large Ticket /Partner Program Transactions Rebate Multiplier Table are confidential trade secret information. EXHIBIT A-1 I. GENERAL PRODUCT FEES AND CHARGES Annual Card Fee Waived Logo Fee: Fee Waived Unique Custom Design Fee As quoted Return Payment Fee Waived International Transaction Fee 1.5% of USD amount* Expedited Card Delivery Fee U.S. Mail/Bulk Mail (Default) -No Fee Ovemight$35.00 Overiimit Fee Cc;r,rz;tf Late Fee (assessed 3 days after cycle date when account is past due) (Assessed as a % of the past due amount for the current month's charges and any unpaid balances) Waived Pursuant to Section 218.70-218.80, Florida Statutes Cash Advance Fee 2.5% of transaction amt ($5 min/no m Pursuant toLateFee (assessed 3 days after due date when account is past due) Statutes 218.70-218.80, Florida Advance Fee 2.5% of transaction amt ($5 min/no max) If you make atransaction in currency other than U.S. dollars, visa or MasterCard win convertthe charge conversionrate on the processing date may differ fromthe rate on the date ofyourtransaction. The exchange rate used byVise will either be (i) a rate selected byVisa from arange of rates available in wholesale currency markets for the applicable central processing date, which rate may differfrom therate Visa receives, or (n) the government -mandated rate in effect forthe centralprocessingdate. MasterCard win use an exchange rate ofeither (I) a wholesale market rateor Hi) a government -mandated rate. We may add a2% fee to the US. dollar amount of anytransaction that is made in foreign currency or that is made outside the !kited States even if youpay inU.S. collars (the "international Transaction Fee"). credit into a US. dollar amount. The II" ELECTRONIC PRODUCTS SCHEDULE OF FEES AND CHARGES Reload ng and Data; EXHIBIT A-1 III. US SCHEDULE OF REBATES Cycle and Grace Days) REBATE DEFINITIONS Capitalized terms, which are not defined in this Section ill have the meanings ascribed in the applicable Card Agreement. Calculation Period" means the twelve (12) month period commencing on the first day of the month after Bank receives a fully executed original of the Agreement and thereafter, each subsequent twelve (12) month period. Credit Losses" means any balances which remain unpaid by Other Eligible User, Participant or a Cardholder six (6) tilling periods after the closing date onthe Billing Statement in which the Transactions, fees and charges appeared for the reporting period. Cyclo Days" means the number of days from the start of the billing period to the BillingStatement date. Grace Days" means the number of days after the BillingStatement closing date withinwhich payment is due. Large Ticket interchange (LTI) Transactions" means certain transactions whlch, based upon the type of merchant and/or transaction dollar amount, are subject to a Visa or MasterCard targe. ticket interchange program, as determined by and amended by Visa and MasterCard from time to time. Rebate Multiplier" means the multiplier correspondingto the Standard Transactions volu and Grace Days as set forth in the Standard Transactions Rebate Multiplier Table below. e, StandardTransactions" means the Transaction Volume not meeting the criteria for Large Ticket interchange Transactions. Total Credit Losses" means, for any Calculation Period, the sum of (1) Bank's Credit Losses on the Card Accounts forthe Calculation Period and (N) Bank's Credit Losses on the Card Accounts for any previous Calculation Period which have not been applied against any rebate payable under the Agreement. Transaction Volume' means, for any Calculation Period, the total dollar amountof purchase Transactions made with the Cards during the Calculation Period, lessthe total dollar amount of; returned purchases, credit adjustments, Transactions resulting from Unauthorized Use, and disputed charges. Cash advances and Convenience Checks are not included in Transaction Volume. REBATE CONDITIONS During the Calculation Period, the program must meet all of the following conditions in order to qualify for a rebate: t, Other Eligible User and Participant pay Bank the total amount of the new balance shown as due on each Billing Statement on or before the Payment Due Date; and IL Other Eligible User and Participant complied with terms in this Agreement; and ill. Calculation Period Transaction Volume meets the minimum volume requirement as set out in the Standard Transactions Rebate Multiplier Table; and iv. The Agreement has not been terminated by either party prior to the completion of a rebate calculation period. v. The four conditions above, together being the "Rebate Conditions". 3 EXHIBIT A-1 Please Note: Section il'1 under 'Rebate Calculation and Payment:" the equation formula, the Standard Transactions Rebate Multiplier Table and the Large Ticket / Partner Program Transactions Rebate Multiplier Table are confidential trade secret information. REBATE CALCULATION AND PAYMENT In the event that all of the above Rebate Conditions are met with respect to the Calculation Period, Bank will pay a rebate to Other Eligible User, which shall be calculated atthe end of the Calculation Period in accordance with the Standard Transactions Rebate Multiplier Table and using the following equation: Transaction Volume for Standard Transactions x Standard Transactions Rebate Multiplier) + Transaction Volume for Large Ticket + Transaction Volume for Partner Programs) x Large Ticket and Partner Program Rebate Muttipiier)) - Total Credit Losses The Standard Transactions rebate multiplier will be determined based on the Calculation Period cumulative total of all Standard Transactions volume. Payment of any rebate will be made by ACH credit or other means determined by Bank, within ninety (90) days following the end of the Calculation Period. Should one or more of the above Rebate Conditions not be met, Bank will be under no obligation to pay any rebate, although Bank may, in its sole discretion, determine to pay a rebate in an amount determined by Bank. Bank's payment of a rebate in such circumstance will in no way obligate Bank to pay a rebate with respect to any subsequent Calculation Period. 0 999,999 0 0 0 REBATE BASIS POINTS 0 0 0 0 0 1,000,000 2,499,999 125 123 120 117 115 110 106 102 2,500,000 3,500,000 3,499)999 6,999,999 160 158 155 152 150 145 141 137 167 165 162 159 157 152 148 144 7,000,000 9 9,999 170 168 165 162 160 155 151 147 10,000,000 14,999,999 181 179 176 173 171 166 162 158 15,000,000 19,999,999 187 185 182 179 177 172 168 164 20,000,000 24,999,999 195 193 190 187 185 180 176 172 25,000,000 29'x99,999 202 200 197 194 192 187 183 179 30,000,000 34,999,999 203 201 198 195 193 188 184 180 35,000,000 39,999,999 204 202 199 196 194 189 185 181 40,000,000 44,999,999 205 203 200 197 195 190 186 182 45,000,000 49,999,999 206 204 201 198 196 191 187 183 50 0,000 59,999,999 207 205 202 199 197 192 188 184 60,000,000 84,999,999 208 206 203 200 198 193 189 185 85,000,000 99,999,999 209 207 204 201 199 194 190 186 100,000,000 210 208 205 202 200 195 191 187 REBATE BASIS POINTS 0 55 1 55 1 55 1 55 55 1 55 1 55 1 55 4 EXHIBIT A-1 Nothing in these schedules are intended to state a term for the Agreement. For the avoidance of doubt, any period of time set forth in the Schedules applies solely to pricing terms, but only to the extent the Agreement has not been terminated as set forth in the Agreement. Notwithstanding anything to the contrary in the Agreement or any of its Schedules all fees, charges and rebates are subject to change upon 60 days' prior written notice to you if, in connection with us providing this card program, or any Services to you: 1 An event external to us increases the cost or decreases the revenue to us; ii. There is any decrease to the interchange rates paid to us by a card network; or iii. There is an increase to funding costs due to interest rate changes; iv. There is any deterioration in your financial condition END OF US SCHEDULE 111 IV. ACKNOWLEDGEMENT By signature of an authorized representative(s), you agree to the terms and conditions of this Schedule of Fees and Charges presented herein. This form must be signed in ink by an authorized representative(s) and submitted with the orig'i al signature to your Bank representative. OTHER ELIGIBLE USER City of earwater W Signature) Bank ofAmerica, NA Name: William B, Home 11 Name: kit` Title: V. Gx f "6 rtred- per or TYPe) Date: Date: 1 ( c Title: City Manager Effective Date: October 1. 2019 5 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9110 Agenda Date: 5/3/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 3.1 SUBJECT/RECOMMENDATION: Authorize a purchase order to O’Neils LLC dba O’Neils Tree Service (O’Neils) of Ozona, FL in an annual not to exceed amount of $350,000.00 for term May 10, 2021 through May 9, 2022 with four one-year renewal options pursuant to Invitation to Bid 20-21, Tree and Stump Removal Services and authorize the appropriate officials to execute same. (consent) SUMMARY: On February 26, 2021, Invitation to Bid (ITB) 20-21 for Tree and Stump Removal Services was issued and three responsive bids were received. O’Neils was the lowest most responsible bid in accordance to the ITB specifications providing tree and stump removal services within the rights-of-ways (ROW) and easements of both public and private properties within Clearwater. The City’s in-house arborist crews perform regularly scheduled tree maintenance as well as hazard maintenance by pruning tree limbs that block street signs, traffic signals, sidewalks, and roadways. This contract will supplement the work of the City’s Urban Forestry Division by performing stump and tree removal services that cannot be performed with existing resources. Both the Engineering and Parks and Recreation departments have a need to utilize this service throughout the year to address various conflicts created by trees in the Right of Ways (ROW) as well as trees that are declining in health and need to be removed. Additionally, O ’Neils will proactively address the removal of diseased trees from city ROWs as indicated in the annual tree survey. Tree surveys are conducted every year in one of five zones in the city. Council authorization is requested for an annual not-to-exceed award of $350,000 per year which includes a contingency for additional trees not included on the annual tree survey, supplemental work that may be requested, annual contract price increases, and any other contractual management requirements. This authorization also includes approval for an additional four one-year renewal options at the City’s discretion. APPROPRIATION CODE AND AMOUNT: Funds are available in various operating codes but primarily in CIP M2006 “Right of Way Tree Management Program”. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 4/30/2021 CITY OF CLEARWATER ITB # 20-21, Tree and Stump Removal DUE DATE: March 25, 2021; 10:00 AM BID TABULATION O'Neils LLC d/b/a O'Neils Tree Service233 Hedden Ct Palm Harbor, FL 34683 Ameri-Pride Pest Control Service Inc d/b/a Prime-Scape Services12890 Automobile Blvd. Ste 2-H Clearwater, FL 33762 Tucker Enterprise Services, Inc 303 Scarlet BlvdOldsmar, FL 34677 *certified small/minority Item No.Description Unit Price(each) Unit Price(each) Unit Price(each) 1 1 - 6-inch diameter tree at DBH $ 75.00 $ 150.00 $ 30.00 2 6 - 7-inch diameter tree at DBH $ 150.00 $ 175.00 $ 75.00 3 8 - 12-inch diameter tree at DBH $ 384.00 $ 350.00 $ 125.00 4 13 - 17-inch diameter tree at DBH $ 544.00 $ 800.00 $ 800.00 5 18 - 22-inch diameter tree at DBH $ 704.00 $ 1,600.00 $ 1,200.00 6 23 - 27-inch diameter tree at DBH $ 864.00 $ 2,000.00 $ 1,600.00 7 28 - 32-inch diameter tree at DBH $ 1,024.00 $ 2,300.00 $ 2,200.00 8 33 - 37-inch diameter tree at DBH $ 1,184.00 $ 2,700.00 $ 2,800.00 9 38 - 42-inch diameter tree at DBH $ 1,224.00 $ 3,200.00 $ 3,400.00 10 43 - 47-inch diameter tree at DBH $ 1,246.00 $ 3,600.00 $ 4,000.00 11 Larger than 48-inch diameter tree at DBH $ 1,384.00 $ 4,000.00 $ 4,500.00 Total Bid For Group A: $ 8,783.00 $ 20,875.00 $ 20,730.00 Item No.Description Unit Price (each) Unit Price (each) Unit Price (each) 12 3 – 12 feet CT $ 150.00 $ 100.00 $ 100.00 13 13 - 20 feet CT $ 150.00 $ 200.00 $ 300.00 14 21 - 30 feet CT $ 150.00 $ 300.00 $ 500.00 15 31 - 40 feet CT $ 85.00 $ 400.00 $ 1,000.00 16 41 - 50 feet CT $ 85.00 $ 450.00 $ 2,000.00 17 51 - 60 feet CT $ 85.00 $ 500.00 $ 3,000.00 Total Bid for Group B: $ 705.00 $ 1,950.00 $ 6,900.00 Notes: The Emergency/After Hours portion of this solicitation will not be awarded. GROUP A: All–Inclusive Pricing for Tree Removal and Stump Grind DBH = Diameter at Breast Height GROUP B: All-Inclusive Pricing for Palm Removal and Stump Grind CT = Clear Trunk Items with a star ( ) indicates intent to award. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9081 Agenda Date: 5/3/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Approve agreements with Prison Rehabilitation Industries and Diversified Enterprises (PRIDE) dba PRIDE Enterprises, of Brandon, FL, in the amount of $112,950 for the refurbishment of two command vehicles, in accordance with Clearwater Code of Ordinances Section 2.564(2) and authorize the appropriate officials to execute same. (consent) SUMMARY: The Clearwater Police Department (CPD) is in possession of two command vehicles, which are in need of being refurbished, in lieu of purchasing new vehicles. These vehicles are utilized as a central component of the command and control element in response to significant incidents, such as public events, major incident scenes, and community engagement activities. Due to the condition and age of the CPD’s current (main) command vehicle (G2454, 2001 Bluebird), the Police Department initiated a Capital Improvement Project (315-P1803), to refurbish and update this vehicle to meet the needs of the agency and public. In late 2020, CPD acquired a 2005 Freightliner command vehicle through and agreement with the Urban Area Security Initiative Program. This vehicle (G5117) had been previously utilized by another agency and was in need of repair and modifications including paint, department graphics, and the installation of modernized city supported electronics. Additionally, the previous agency originally assigned this vehicle as a mobile crime scene vehicle which requires retrofitting to meet the needs of CPD as a mobile command and control center. Proposed retrofitting includes, but is not limited to, demolition/removal of existing equipment, painting, graphics, cabinetry, electrical retrofitting, lighting, updated electronics and printers, LED displays space, restroom, and carpeting. PRIDE Heavy Vehicle Renovations (HVR) has quoted retrofitting costs associated with this vehicle at $75,100. The second command vehicle, G3787, is a 2012 Freightliner. Though this vehicle has significant mileage, CPD intends to convert this vehicle for utilization by our Hostage Negotiations Team. Proposed retrofitting includes, but is not limited to, modifications to the vehicle interior including cabinetry and workstations, electrical retrofitting, lighting, updated electronics and printers, LED displays and seating. PRIDE Heavy Vehicle Renovations (HVR) has quoted retrofitting costs associated with this vehicle at $32,850. CPD will be seek to surplus G3335 in the future once the modifications to G5117 and G3787 Page 1 City of Clearwater Printed on 4/30/2021 File Number: ID#21-9081 are complete. G3335 is the vehicle currently being utilized for the Hostage Negotiations Team and will be replaced by G3787 once the retrofitting is complete. G2454 will be retained in its current condition as a backup vehicle to G5117. Pursuant to Code of Ordinance 2.564 (2), CPD is requesting Council’s approval for the Exceptions to Bid, pursuant to Florida Statute 287.042, utilizing PRIDE for the renovation of the two command buses. Florida Statue 287.042 exempts local and state government agencies from competitive sealed bid requirements when doing business with PRIDE. PRIDE is a not-for-profit corporation that is funded exclusively through the net proceeds from sales of products and services manufactured by PRIDE inmate training programs. In addition to vocational work programs that teach job skills and successful job behaviors to inmate workers, PRIDE provides post-release transition services including job referrals and other basic support services that prepare and assist ex-offenders in their successful reintegration into society. CPD anticipated this purchase and has funding available for the refurbishment of these vehicles, in the amount of $107,950, plus project contingency equating to $5,000 (totaling $112,950) for these agreements. APPROPRIATION CODE AND AMOUNT: Funding for this agreement and contingency funds, in the amount of $112,950, are available within capital improvement project 315-P1803, Command Bus Refurbishment. Page 2 City of Clearwater Printed on 4/30/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9089 Agenda Date: 5/3/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 4.2 SUBJECT/RECOMMENDATION: Approve an agreement between Divecom Services, LLC, located at 1323 20th Avenue East, Palmetto, FL 34221, and the City of Clearwater to provide vessel removal, towing, storage, and/or disposal services to accommodate all needs of the Clearwater Police Department and the Marine and Aviation Department and authorize the appropriate officials to execute same. (consent) SUMMARY: On November 10, 2020, Request for Proposal (RFP) 09-21 was issued seeking qualified vendors to provide full-service removal, towing, storage, and/or disposal of designated ‘at risk’ and derelict marine vessels located in City of Clearwater waterways. A five-member committee, comprised of members of the Police and Marine & Aviation departments, evaluated the single qualified response received. Divecom Services’ proposal was reviewed and accepted based on qualifications, experience, facilities, equipment, and capacity. Under the terms of this agreement, the City will be billed consistent with Pinellas County’s contract with the vendor, based on the size of the vessel to be removed and /or towed. Storage will be the responsibility of the vessel owner. The agreement calls for an initial one-year term, effective May 6, 2021 through May 5, 2022, with three optional one-year extensions. Under the terms of this agreement, the vendor will complete work within five business days after contacted by the City, unless otherwise mutually agreed. APPROPRIATION CODE AND AMOUNT: Funding for Marina related towing is budgeted and available in operating cost code 4321371-530300, contractual services. Future year funding will be requested in this code. Funding for Police Department managed towing needs in city waterways (excluding the Marina) anticipated for the remainder of the current year (fiscal year 2020/21) will be charged to project 315-93415, Waterway Maintenance. Funding for future years will require an increased budget appropriation to the Waterway Maintenance project funded by the General Fund. Page 1 City of Clearwater Printed on 4/30/2021 Procurement Division 100 S Myrtle Ave Clearwater FL 33756-5520 PO Box 4748, 33758-4748 727-562-4633 Tel v 11.2018 REQUEST FOR PROPOSALS #09-21 MARINE VESSEL REMOVAL, TOWING, STORAGE, AND DISPOSAL SERVICES November 10, 2020 NOTICE IS HEREBY GIVEN that sealed proposals will be received by the City of Clearwater (City) until 10:00 AM, Local Time, December 9, 2020 to provide Marine Vessel Removal, Towing, Storage, and Disposal Services. Brief Description: The City of Clearwater is seeking proposals from qualified contractors for the removal, towing, storage, and/or disposal of designated marine vessels located in City of Clearwater waterways. Proposals must be in accordance with the provisions, specifications and instructions set forth herein and will be received by the Procurement Division until the above noted time, when they will be publicly acknowledged and accepted. Proposal packets, any attachments and addenda are available for download at: https://www.myclearwater.com/business/rfp Please read the entire solicitation package and submit the bid in accordance with the instructions. This document (less this invitation and the instructions) and any required response documents, attachments, and submissions will constitute the bid. General, Process, or Technical Questions concerning this solicitation should be directed, IN WRITING, to the Procurement contact below: General, Process or Technical Questions concerning this solicitation should be directed, IN WRITING, to the following Procurement Analyst: Valerie Craig, CPPB Sr. Procurement Analyst Valerie.Craig@myclearwater.com This Request for Proposals is issued by: Lori Vogel, CPPB Procurement Manager Lori.vogel@myclearwater.com INSTRUCTIONS Marine Vessel Removal Services 2 RFP #09-21 i.1 VENDOR QUESTIONS: All questions regarding the contents of this solicitation, and solicitation process (including requests for ADA accommodations), shall be directed solely to the contact listed on Page 1. Questions should be submitted in writing via letter, fax or email. Questions received less than ten (10) calendar days prior to the due date and time may be answered at the discretion of the City. i.2 ADDENDA/CLARIFICATIONS: Any changes to the specifications will be in the form of an addendum. Addenda are posted on the City website no less than seven (7) days prior to the Due Date. Vendors are cautioned to check the Purchasing Website for addenda and clarifications prior to submitting their proposal. The City cannot be held responsible if a vendor fails to receive any addenda issued. The City shall not be responsible for any oral changes to these specifications made by any employees or officer of the City. Failure to acknowledge receipt of an addendum may result in disqualification of a proposal. i.3 VENDOR CONFERENCE / SITE VISIT: Yes No Mandatory Attendance: Yes No If so designated above, attendance is mandatory as a condition of submitting a proposal. The conference/site visit provides interested parties an opportunity to discuss the City's needs, inspect the site and ask questions. During any site visit you must fully acquaint yourself with the conditions as they exist and the character of the operations to be conducted under the resulting contract. i.4 DUE DATE & TIME FOR SUBMISSION AND OPENING: Date: December 9, 2020 Time: 10:00 AM (Local Time) The City will open all proposals properly and timely submitted and will record the names and other information specified by law and rule. All proposals become the property of the City and will not be returned except in the case of a late submission. Respondent names, as read at the bid opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days from day of opening elapses, whichever occurs earlier, proposals are available for inspection by contacting the Procurement Division. i.5 PROPOSAL FIRM TIME: 120 Days from Opening Proposal shall remain firm and unaltered after opening for the number of days shown above. The City may accept the proposal, subject to successful contract negotiations, at any time during this time. i.6 PROPOSAL SECURITY: Yes $ 0.00 No If so designated above, a proposal security in the amount specified must be submitted with the proposal. The security may be submitted in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, or cashier's check payable to the City of Clearwater (personal or company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. Such proposal security shall be forfeited to the City of Clearwater should the proposer selected fail to execute a contract when requested. PERFORMANCE SECURITY: Yes $ 0.00 No If required herein, the Contractor, simultaneously with the execution of the Contract, will be required to furnish a performance security. The security may be submitted in one-year increments and in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, cashier's check or money order payable to the City of Clearwater (personal and company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. If the Contractor fails or refuses to fully comply with the terms and conditions of the contract, the City shall have the right to use all or such part of said security as INSTRUCTIONS Marine Vessel Removal Services 3 RFP #09-21 may be necessary to reimburse the City for loss sustained by reason of such breach. The balance of said security, if any, will be returned to Contractor upon the expiration or termination of the contract. i.7 SUBMIT PROPOSALS TO: It is recommended that bids be submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. Bidders may mail or hand-deliver bids to the address below. E-mail or fax submissions will not be accepted. Use label at the end of this solicitation package City of Clearwater Attn: Procurement Division 100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520 or PO Box 4748, Clearwater FL 33758-4748 Proposals will be received at this address. Proposers may mail or hand-deliver proposals; e-mail or fax submissions will not be accepted. No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a proposal that is not properly addressed and identified. i.8 LATE PROPOSALS. The proposer assumes responsibility for having the proposal delivered on time at the place specified. All proposals received after the date and time specified shall not be considered and will be returned unopened to the proposer. The proposer assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery. It shall not be sufficient to show that you mailed or commenced delivery before the due date and time. All times are Clearwater, Florida local times. The proposer agrees to accept the time stamp in the City’s Procurement Office as the official time. i.9 LOBBYING. The integrity of the procurement process is critical. Communication regarding this solicitation for purpose of influencing the process or the award, between any person or affiliates seeking an award from this solicitation and the City is strongly discouraged. This does not prohibit public comment at any City Council meeting, study session or Council committee meeting. This shall not apply to vendor-initiated communication with the contact(s) identified in the solicitation or City-initiated communications for the purposes of conducting the procurement including but not limited to pre-bid conferences, clarification of responses, presentations if provided in the solicitation, requests for Best and Final Proposals, contract negotiations, protest/appeal resolution, or surveying non-responsive vendors. i.10 COMMENCEMENT OF WORK. If proposer begins any billable work prior to the City’s final approval and execution of the contract, proposer does so at its own risk. i.11 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the solicitation will not excuse any failure to comply with the requirements of the solicitation or any resulting contract, nor shall such failure be a basis for claiming additional compensation. If a vendor suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in any case not later than (seven (7) business days in advance of the due date notify the contact on page one (1). The City is not responsible for and will not pay any costs associated with the preparation and submission of the proposal. Proposers are cautioned to verify their proposals before submission, as amendments to or withdrawal of proposals submitted after time specified for opening of proposals may not be considered. The City will not be responsible for any proposer errors or omissions. i.12 FORM AND CONTENT OF PROPOSALS. Unless otherwise instructed or allowed, proposals shall be submitted on the forms provided. An original and the designated number of copies of each proposal are required. Proposals, including modifications, must be submitted in ink, typed, or printed form and signed by an authorized representative. Please line through and initial rather INSTRUCTIONS Marine Vessel Removal Services 4 RFP #09-21 than erase changes. If the proposal is not properly signed or if any changes are not initialed, it may be considered non-responsive. In the event of a disparity between the unit price and the extended price, the unit price shall prevail unless obviously in error, as determined by the City. The City may require that an electronic copy of the proposal be submitted. The proposal must provide all information requested and must address all points. The City does not encourage exceptions. The City is not required to grant exceptions and depending on the exception, the City may reject the proposal. i.13 SPECIFICATIONS. Technical specifications define the minimum acceptable standard. When the specification calls for “Brand Name or Equal,” the brand name product is acceptable. Other products will be considered upon showing the other product meets stated specifications and is equivalent to the brand product in terms of quality, performance and desired characteristics. Minor differences that do not affect the suitability of the supply or service for the City’s needs may be accepted. Burden of proof that the product meets the minimum standards or is equal to the brand name product is on the proposer. The City reserves the right to reject proposals that the City deems unacceptable. i.14 MODIFICATION / WITHDRAWAL OF PROPOSAL. Written requests to modify or withdraw the proposal received by the City prior to the scheduled opening time will be accepted and will be corrected after opening. No oral requests will be allowed. Requests must be addressed and labeled in the same manner as the proposal and marked as a MODIFICATION or WITHDRAWAL of the proposal. Requests for withdrawal after the bid opening will only be granted upon proof of undue hardship and may result in the forfeiture of any proposal security. Any withdrawal after the bid opening shall be allowed solely at the City’s discretion. i.15 DEBARMENT DISCLOSURE. If the vendor submitting a proposal has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the proposer shall include a letter with its proposal identifying the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating to the suspension or debarment. If suspension or debarment is currently pending, a detailed description of all relevant circumstances including the details enumerated above must be provided. A proposal from a proposer who is currently debarred, suspended or otherwise lawfully prohibited from any public procurement activity may be rejected. i.16 RESERVATIONS. The City reserves the right to reject any or all proposals or any part thereof; to rebid the solicitation; to reject non-responsive or non-responsible proposals; to reject unbalanced proposals; to reject proposals where the terms, prices, and/or awards are conditioned upon another event; to reject individual proposals for failure to meet any requirement; to award by item, part or portion of an item, group of items, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any proposal. The City may seek clarification of the proposal from proposer at any time, and failure to respond is cause for rejection. Submission of a proposal confers on proposer no right to an award or to a subsequent contract. The City is responsible to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditions shall be made solely at the City’s discretion and made to favor the City. No binding contract will exist between the proposer and the City until the City executes a written contract or purchase order. i.17 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a proposer may not be acknowledged or accepted by the City. Award or execution of a contract does not constitute acceptance of a changed term, condition or specification unless specifically acknowledged and agreed to by the City. The copy maintained and published by the City shall be the official solicitation document. i.18 COPYING OF PROPOSALS. Proposer hereby grants the City permission to copy all parts of its proposal, including without limitation any documents and/or materials copyrighted by the INSTRUCTIONS Marine Vessel Removal Services 5 RFP #09-21 proposer. The City’s right to copy shall be for internal use in evaluating the proposal. i.19 CONTRACTOR ETHICS. It is the intention of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the Procurement process, including Respondents and Contractors. To achieve this purpose, it is essential that Respondents and Contractors doing business with the City also observe the ethical standards prescribed herein. It shall be a breach of ethical standards to: a. Exert any effort to influence any City employee or agent to breach the standards of ethical conduct. b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or Services not provided. c. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply with any term, condition, specification or other requirement of a City Contract. i.20 GIFTS. The City will accept no gifts, gratuities or advertising products from proposers or prospective proposers and affiliates. The City may request product samples from vendors for product evaluation. i.21 PROTESTS AND APPEALS. If a Respondent believes there is a mistake, impropriety, or defect in the solicitation, believes the City improperly rejected its proposal, and/or believes the selected proposal is not in the City’s best interests, the Respondent may submit a written protest. All protests and appeals are governed by the City of Clearwater Purchasing Policy and Procedures Section 18 (“Purchasing Policy”). If there exists any discrepancy in this Section i.21 and the Purchasing Policy, the language of the Purchasing Policy controls. Protests based upon alleged mistake, impropriety, or defect in a solicitation that is apparent before the bid opening must be filed with the Procurement Manager no later than five (5) business days before Bid Opening. Protests that only become apparent after the Bid Opening must be filed within the earlier of ten (10) business days of the alleged violation of the applicable purchasing ordinance. The complete protest procedure can be obtained by contacting the Procurement Division. ADDRESS PROTESTS TO: City of Clearwater - Procurement Division 100 So Myrtle Ave, 3rd Fl Clearwater FL 33756-5520 or PO Box 4748 Clearwater FL 33758-4748 INSTRUCTIONS – EVALUATION Marine Vessel Removal Services 6 RFP #09-21 i.22 EVALUATION PROCESS. Proposals will be reviewed by a screening committee comprised of City employees. The City staff may or may not initiate discussions with proposers for clarification purposes. Clarification is not an opportunity to change the proposal. Proposers shall not initiate discussions with any City employee or official. i.23 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of information: responsiveness, responsibility, the technical proposal/price. All proposals must meet the following responsiveness and responsibility criteria. a) Responsiveness. The City will determine whether the proposal complies with the instructions for submitting proposals including completeness of proposal which encompasses the inclusion of all required attachments and submissions. The City must reject any proposals that are submitted late. Failure to meet other requirements may result in rejection. b) Responsibility. The City will determine whether the proposer is one with whom it can or should do business. Factors that the City may evaluate to determine "responsibility" include, but are not limited to: excessively high or low priced proposals, past performance, references (including those found outside the proposal), compliance with applicable laws, proposer's record of performance and integrity- e.g. has the proposer been delinquent or unfaithful to any contract with the City, whether the proposer is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A proposer must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. City staff may also use Dun & Bradstreet and/or any generally available industry information. The City reserves the right to inspect and review proposer’s facilities, equipment and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection. c) Technical Proposal. The City will determine how well proposals meet its requirements in terms of the response to the specifications and how well the offer addresses the needs of the project. The City will rank offers using a point ranking system (unless otherwise specified) as an aid in conducting the evaluation. d) If less than three (3) responsive proposals are received, at the City’s sole discretion, the proposals may be evaluated using simple comparative analysis instead of any announced method of evaluation, subject to meeting administrative and responsibility requirements. For this RFP, the criteria that will be evaluated and their relative weights are: Evaluation Criteria (pages 23-24) Points Qualifications and Experience: (Tab 2) 25 References: (Tab 2) 15 Facilities and Equipment: (Tab 3) 25 Capacity for Contract: (Tab 4) 25 Pricing: (Tab 5) 10 i.24 SHORT-LISTING. The City at its sole discretion may create a short-list of the highest scored proposals based on evaluation against the evaluation criteria. Short-listed proposers may be invited to give presentations and/or interviews. Upon conclusion of any presentations/interviews, the City will finalize the ranking of shortlisted firms. i.25 PRESENTATIONS/INTERVIEWS Presentations and/or interviews may be requested at the City’s discretion. The location for these presentations and/or interviews will be determined by the City and may be held virtually. INSTRUCTIONS – EVALUATION Marine Vessel Removal Services 7 RFP #09-21 i.26 BEST & FINAL OFFERS. The City may request best & final offers if deemed necessary, and will determine the scope and subject of any best & final request. However, the proposer should not expect that the City will ask for best & finals and should submit their best offer based on the terms and conditions set forth in this solicitation. i.27 COST JUSTIFICATION. In the event only one response is received, the City may require that the proposer submit a cost proposal in sufficient detail for the City to perform a cost/price analysis to determine if the proposal price is fair and reasonable. i.28 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Proposer must be prepared for the City to accept the proposal as submitted. If proposer fails to sign all documents necessary to successfully execute the final contract within a reasonable time as specified, or negotiations do not result in an acceptable agreement, the City may reject proposal or revoke the award, and may begin negotiations with another proposer. Final contract terms must be approved or signed by the appropriately authorized City official(s). No binding contract will exist between the proposer and the City until the City executes a written contract or purchase order. i.29 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to Purchasing’s website. It is the proposer’s responsibility to check the City of Clearwater’s website at https://www.myclearwater.com/business/rfp to view relevant RFP information and notices. i.30 RFP TIMELINE. Dates are tentative and subject to change. Release RFP: November 10, 2020 Advertise Tampa Bay Times: November 11, 2020 Responses due: December 9, 2020 Review proposals: December 10 – December 15, 2020 Presentations (if requested): December 18, 2020 Award recommendation: December 18, 2020 Council authorization: February 2021 Contract begins: February 2021 TERMS AND CONDITIONS Marine Vessel Removal Services 8 RFP #09-21 S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: “vendor, contractor, supplier, proposer, company, parties, persons”, “purchase order, PO, contract, agreement”, “city, Clearwater, agency, requestor, parties”, “bid, proposal, response, quote”. S.2 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor’s employees, not City employees. Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers’ compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims. S.3 SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. S.4 ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first receiving the City’s written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event the City will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement. S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. S.6 NO THIRD PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties. S.7 NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement. S.8 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor. S.9 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations under this Agreement. S.10 COMPLIANCE WITH APPLICABLE LAWS. a. General. Contractor must procure all permits and licenses, and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects. Contractor will require a drug-free workplace for all Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Agreement must be notified TERMS AND CONDITIONS Marine Vessel Removal Services 9 RFP #09-21 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. a. Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor’s services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required. If any taxing authority should deem Contractor or Contractor employees an employee of the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor’s responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. b. 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. TERMS AND CONDITIONS Marine Vessel Removal Services 10 RFP #09-21 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 RFP, shall be handled in compliance with Chapters 119 and 286, Florida Statutes. Proposals or replies received by the City pursuant to this RFP 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 RFP and provides notice of its intent to reissue the RFP, 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 RFP or until the City withdraws the reissued RFP. 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 RFP and provides notice of its intent to reissue the RFP, 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 RFP or until the City withdraws the reissued RFP. A recording and any records presented at an exempt meeting shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. In addition to all other contract requirements as provided by law, the contractor executing this agreement agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, Rosemarie Call, phone: 727-562-4092 or Rosemarie.Call@myclearwater.com, 600 Cleveland Street, Suite 600, Clearwater, FL 33755. The contractor’s agreement to comply with public records law applies specifically to: a) Keep and maintain public records required by the City of Clearwater (hereinafter “public agency”) to perform the service being provided by the contractor hereunder. b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. TERMS AND CONDITIONS Marine Vessel Removal Services 11 RFP #09-21 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 delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five (5) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor’s place of business or at City offices, as determined by the City. S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City’s information, data, or facilities in accordance with the City’s TERMS AND CONDITIONS Marine Vessel Removal Services 12 RFP #09-21 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 Section 27 of the City’s Purchasing and Procedures Manual. c. Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non-defaulting party to provide notice of the default does not waive any rights under the Agreement. d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement. S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and costs. TERMS AND CONDITIONS Marine Vessel Removal Services 13 RFP #09-21 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 CONFLICT OF INTEREST F.S. Section 112. Pursuant to F.S. Section 112, the City may cancel this Agreement after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor. S.22 TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date. S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final invoice. S.24 NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. S.25 INDEMNIFICATION/LIABILITY. a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the obligations established by this Agreement. b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor-provided supplies or services. S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman-like and professional manner. The City’s acceptance of service or materials provided by Contractor will not relieve Contractor from its obligations under this TERMS AND CONDITIONS Marine Vessel Removal Services 14 RFP #09-21 warranty. If any materials or services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at no additional charge to the City, will provide materials or redo such services until in accordance with this Agreement and to the City’s reasonable satisfaction. Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications. S.27 THE CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City property, and will at the City’s request and expense, furnish to the City reasonable assistance and cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery. S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs. S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or publicity without obtaining the prior written consent of the City. S.31 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8, a current or former public officer or employee within the last two (2) years shall not represent another organization before the City on any matter for which the officer or employee was directly concerned and personally participated in during their service or employment or over which they had a substantial or material administrative discretion. S.32 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder. S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees. S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same without suit, trouble or hindrance from Contractor or third parties. S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final TERMS AND CONDITIONS Marine Vessel Removal Services 15 RFP #09-21 judgment is obtained against the City’s use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute supplies or services. S.37 CONTRACT ADMINISTRATION. The contract will be administered by the Procurement Division and/or an authorized representative from the using department. All questions regarding the contract will be referred to the Procurement Division for resolution. Supplements may be written to the contract for the addition or deletion of services. S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing agreements with other Florida government agencies, including the Tampa Bay Area Purchasing Cooperative. Under a Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City is not responsible for any disputes arising out of transactions made by others. S.40 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City’s Procurement Division. S.41 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via overnight courier or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof. S.42 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida. The exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Pinellas County, Florida. S.43 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed. S.44 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it. TERMS AND CONDITIONS Marine Vessel Removal Services 16 RFP #09-21 S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. S.46 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination. DETAILED SPECIFICATIONS Marine Vessel Removal Services 17 RFP #09-21 1. INTRODUCTION. The City of Clearwater (City) is located on the West Coast of Florida in the Tampa Bay region. It is the third largest city in the region with an estimated population of 118,017 residents. The City of Clearwater is also a major tourist destination – Clearwater Beach was rated #1 U.S. Beach by TripAdvisor’s Traveler’s Choice Awards in 2018 and 2019 and is consistently ranked as one of the top beaches in the world. The City of Clearwater is home to the Philadelphia Phillies Spring Training and Clearwater Threshers Minor League Baseball, as well as hosting several sports tournaments through the year that attract visitors from across the country. Clearwater is home to Winter the Dolphin and the Clearwater Marine Aquarium. Winter’s story made it all the way to Hollywood in the motion pictures “Dolphin Tale” and “Dolphin Tale 2”, both filmed here in Clearwater. 2. BACKGROUND. The City works in conjunction with local and state agencies to address ‘at risk’ vessels (Florida Statute § 327.4107) and ‘derelict’ vessels (Florida Statute § 823.11). The services requested herein are related to the authority granted to the Clearwater Police Department (CPD) via City of Clearwater Code of Ordinances Chapter 33, Waterways and Vessels, specifically Ordinance No. 9383-20. 3. SCOPE OF WORK. The City is seeking a qualified contractor(s) to be responsible for the removal/towing, storage, or disposition of select vessels as identified by CPD or another participating city department on an as-needed basis. The contractor(s) selected will be responsible for all required licenses, certificates, permits and insurance needed to complete these services. All work activities associated with the removal, towing, storage, and disposal of vessels are to be coordinated with the CPD. 4. SPECIFICATIONS. Contractor Responsibilities: All procedures must be in compliance with all Federal, State, and Local Laws and Regulations. The Contractor will be responsible for the following: A. Included Services: Services shall include the labor, mobilization, transport, preparation of vessels for removal/towing, storage and/or disposal, all landfill disposal fees, photographs, and any pollutant removal and disposal. B. Supplies and Equipment: The Contractor shall be responsible for providing all fuel, supplies, materials, equipment, vehicles, vessels, tools, drivers, and personal protective equipment for the removal/towing, storage, and/or disposal of targeted vessels. Furthermore, Contractor will provide all related materials as required by Federal, State and Local Laws and Regulations. The Contractor will provide in detail a list of supplies, equipment, and procedures utilized during this contract with response. C. Work Plan: The Contractor shall submit a work plan and procedures for removal/towing, storage, and/or disposal of targeted vessels to be reviewed and approved by a designated CPD representative before the authorization for service is granted. The plan shall include details for vessel removal and include a plan for the handling of water quality issues and pollutants. Work shall be scheduled as soon as possible when contacted by the City. Work is expected to be completed within five (5) business days unless otherwise mutually agreed. D. Operational and Strategy Meetings: The Contractor will attend operation and strategy meetings as required by the CPD and other appropriate parties throughout the term of the contract. E. Removal/Towing: Includes vessels located at city docks or marinas that have become submerged, are shallow/near shore, or have been deposited on the shoreline or uplands within the navigable waters of the City of Clearwater, as defined in City of Clearwater Code of Ordinances, Chapter 33. Removal includes any vessel add-ons, affixed to, or detached and associated displaced debris within 300 feet radius from the main body of the vessel. It is the Contractor’s responsibility to ensure that all permits or permissions necessary to provide the services required be obtained. DETAILED SPECIFICATIONS Marine Vessel Removal Services 18 RFP #09-21 To be compensated for the removal of targeted vessels, the entire vessel must be removed from the keel up. F. Emergency Removal/Towing: The Contractor shall mobilize forces and equipment to begin removal/towing activities within forty-eight (48) hours of notice and authorization from CPD or other participating city department, which could include work during nighttime, weekends, or holidays. In this case, a supplemental lump sum emergency mobilization fee per project is allowed. The CPD shall identify all emergency vessels to be removed. G. Health and Safety: The Contractor will be responsible for the health and safety of its employees, and for ensuring that work is performed in compliance with all FL-OSHA, State, Federal and Local requirements, laws, statutes, codes, rules, and regulations including but not limited to 29 CFR 1910.120 (Hazardous Waste Operations and Emergency Response) and 29 CFR 1910.401, Subpart T, Commercial Diving (if applicable). The Contractor shall utilize safety signs, warning lights, temporary barriers, dive flags, or other types of markers around work areas as needed to protect the public and worker safety. H. Environmental Impact: Work shall be conducted using appropriate Best Management Practices (BMP's) to prevent turbidity/siltation/water quality violations and prevent damage to wetland areas, mangroves, seagrasses or other submerged aquatic resources. BMP's shall be based on Florida Department of Environmental Protection (FDEP) erosion control and turbidity prevention measures. Contractor shall not disturb, trim, cut back or remove mangrove vegetation without permission from Pinellas County. Other vegetation may be removed and disposed of or transplanted as may be required by law. The Contractor must be aware of any protected vegetation laws. In addition, Contractor must be aware of, and comply with, any laws regarding endangered species of vegetation or animals in or surrounding the targeted vessel(s). The County may require the Contractor to provide and properly install turbidity control devices around each vessel in order to prevent sediments and/or pollutants from escaping the work area. Vessels shall be removed with no impact to the coastal environment. Contractor is responsible for any damage to the environment which occurs as a result of work related to the removal. Any environmental impacts which have occurred prior to the start of removal work shall be documented with pre-removal photographs. Contractor shall place and maintain all necessary barriers and/or turbidity controls and restore boat ramps and/or work areas to pre- work condition. I. License Requirement for Commercial Vessel Operation: The Contractor will ensure that the owner/operator of any un-inspected towing vessel at least 26 feet in length, used in this project to remove vessels and other equipment, is in possession of at least a United States Coast Guard Issued “OUTV” (Operator Un-inspected Towing Vessel) License per Coast Guard Regulations. (Regulation 46 U.S.C. 2101 (42)) J. Hazardous Materials onboard Abandoned Vessels: Targeted vessels may have an engine, battery, fuel, oil, or other hazardous items aboard. It is the responsibility of the Contractor to remove and properly dispose of any hazardous materials from vessels that meet this criteria. If the Contractor becomes aware of a hazardous substance spill, the Contractor must take immediate and appropriate action as it shall be the Contractor’s responsibility to prevent, contain, or minimize a spill of a hazardous substance. If the spill is found to be a result of the Contractor’s actions or negligence, the Contractor shall be held liable. Contractor shall determine if vessel contains pollutants that could be harmful to the environment if discharged during removal operations; remove pollutants prior to moving vessel and provide proper legal disposal and furnish the City Representative with receipts documenting pollutant disposal. If any pollutant discharge occurs, Contractor shall immediately report this to the appropriate authorities, in addition to employing proper containment DETAILED SPECIFICATIONS Marine Vessel Removal Services 19 RFP #09-21 measures. Pollutants include, but are not limited to motor/vessel fuels, oils and lead acid batteries. Containment booms and recoverable absorbent materials shall be available for spill response to contain and recover fuel or oil discharges that could occur during vessel recovery. K. Waste Manifest and Bill of Lading: The Contractor handling the disposition of the targeted vessel(s) will prepare a manifest. Full responsibility is the Contractor’s. A “sign off” by the County’s Environmental Health HAZMAT Division will be required only when Hazardous Materials Incident occurs. All other Manifest or Bill of Lading will be “signed off” by CPD. L. Treatment Storage and Disposal Facilities (TSDF): It is the responsibility of the Contractor to select the Treatment Storage and Disposal Facility necessary to intake vessels containing hazardous waste(s). Contractor shall provide to the City all required certificates of such site(s) with submittal. The City shall not be responsible for additional costs incurred as a result of the TSDF refusing to take waste from the Contractor. M. Recycling: The City encourages the recycling of materials when feasible. The Contractor shall have the option of recycling any materials of the vessel. N. Disposal: Vessels must be disposed of at the Pinellas County Solid Waste Class Ill landfill or any Class III landfill preapproved by the City of Clearwater. Contractor must remove all contaminants from the vessel and remove any items not accepted at the landfill and dispose of properly and in accordance with all appropriate regulatory requirements. Contractor is responsible to prepare the vessel for disposal, transportation of the vessel to the landfill, and all disposal fees. Contractor shall provide CPD with a copy of landfill disposal receipts for each vessel, and any receipts for pollutant disposal or recycled materials, along with the photographs documenting destruction of the vessel. This documentation as well as all photos taken of the entire removal process shall be included in the post-removal reports submitted to CPD. O. Storage: Vessels must be maintained in the same condition in which they were accepted until disposal process is complete. Contractor must have an established, principal storage facility within the Tampa Bay area. The Contractor will be required to provide proof of ownership and/or valid lease agreements for the physical facility and property. The Contractor must maintain these agreements during the entirety of the contract term. The Contractor’s storage facility will include a working alarm system to prevent unauthorized access and the facility property must be completely encircled by secure fencing, not less than six feet (6’) in height. The top of any fence or wall enclosure, including gate(s)/door(s), or open areas without a roof, shall be equipped with at least twelve inches (12”) of barbed wire, or similar anti-intrusion barrier, which shall be installed in such a manner to discourage unauthorized entry. The Contractor will be responsible for ensuring overall security of the property. Contractor’s facilities will be configured to allow only authorized personnel with access. Access must be adequately documented to meet the standards of chain of custody of evidence for criminal proceedings where applicable. The Contractor shall be able to supply identified CPD sworn officers with 24-hour access to the indoor facility. P. Public Interaction: All work shall be completed in such a manner as to minimize disruption to boat ramps, boaters, and roadway traffic. Q. Communications: The Contractor is required to have two-way communication at the job site(s). Two-way communications can be cellular, Marine Band, or other. Contractor shall provide a minimum of 48-hour notice of removals to allow for CPD or other City DETAILED SPECIFICATIONS Marine Vessel Removal Services 20 RFP #09-21 representatives to be present during operations. R. Subcontractors: The use of subcontractors must be preapproved by the City of Clearwater. S. Photography: Contractor shall take detailed photographs documenting the pre-removal condition of the vessel, every stage of removal, and the post-removal environmental conditions for each removal. Photographs of the destruction of the vessel or of the intact vessel at the landfill or storage facility are required. All photos shall include date and time stamp and be submitted to CPD upon request. 5. MINIMUM QUALIFICATIONS. Companies responding to this RFP will explain their experience with marine vessel removal, towing, storage, and disposal services in Response Elements, Item 2, Tab 2, Qualifications and Experience. With the Qualifications statement, a minimum of three (3) references, preferably from other public entities within the State of Florida, for which similar services have been provided, are required. 6. DELIVERY. Vessels shall be towed out of the water and delivered to the appropriate disposal or storage facility, as designated by CPD. 7. INSURANCE REQUIREMENTS. The Vendor shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Vendor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a. Marine General Liability (MGL) coverage for at least $1,000,000 per occurrence / $2,000,000 aggregate, including coverage for: i. Contractual Liability; ii. Products and Completed Operations; iii. Bodily Injury and Property Damage; iv. Sudden and Accidental Pollution In addition to the above coverage components, the City should be named as an Additional Insured, including a Waiver of Subrogation in the City’s favor as well as Primary and Non- Contributory wording. b. Marina Operators Legal Liability, should have coverage for at least $5,000,000 per occurrence / $5,000,000 aggregate, with the City being named as an Additional Insured, as well as including a Waiver of Subrogation in the City’s favor and Primary and Non- Contributory wording. c. Vessel Hull & Machinery, P&I, Vessel Pollution Liability The following types of insurance are required: i. Protection & Indemnity Insurance (including crew): Liability for any third party bodily injury or property damage caused by the vessel, requiring minimum limits of $1,000,000. Contractor’s P&I coverage must include Jones Act coverage. ii. Vessel Pollution Liability: For barges or vessels of any size, require Vessel Pollution Liability with limits equal to the required P&I limits. In this case, $1,000,000 would be the minimum limit acceptable. DETAILED SPECIFICATIONS Marine Vessel Removal Services 21 RFP #09-21 iii. Hull & Machinery (H&M): Vessels to be insured for their Actual Cash Value. The City should be named as an Additional Insured on the P&I and Vessel Pollution Liability, including a Waiver of Subrogation in favor of the City as well as Primary and non- contributory wording. d. Automobile Liability: Recognizing that the work governed by this contract could require the use of vehicles, the Contractor, prior to commencement of work, shall obtain Automobile Liability insurance, with coverage being maintained throughout the term of this contract, and as a minimum must include liability coverage for Owned, Non-Owned, and Hired vehicles (HNOA). The minimum limits acceptable would be a Combined Single Limit (CSL) for bodily injury/property damage of at least $1,000,000. d. Bumbershoot (AKA Umbrella) – This is an additional line of coverage that would sit over the Marine GL, P&I, EL and Vessel pollution, and operates similarly to that of an Umbrella policy. $1,000,000 would be our minimum requirement, but recommend at least $5,000,000. e. USL&H and Workers Compensation: Prior to the commencement of work, the Contractor shall obtain Workers Compensation insurance with limits sufficient to response to applicable state statutes. All of the Contractor’s employees as well as any subcontractor employees must be insured under USL&H where necessary. In addition, the Contractor shall obtain Employers’ Liability insurance. Coverage shall be maintained throughout the entire term of the contract. Minimum limit requirements are as followed: i. Part One: Statutory ii. Part Two: Bodily Injury by Accident $ 500,000 iii. Bodily Injury by Disease - Policy Limit $ 500,000 iv. Bodily Injury by Disease - Each Employee $ 500,000 v. WCUSLH US Longshoreman & Harbor Workers Act – Same as Employers Liability vi. WCJA Federal Jones Act – Same as Employers Liability Other Insurance Provisions. f. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Vendor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured” on the Commercial General Liability Insurance and the Commercial Automobile Liability Insurance. In addition when requested in writing from the City, Vendor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Procurement Division, RFP #09-21 P.O. Box 4748 Clearwater, FL 33758-4748 g. Vendor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. h. Vendor’s insurance as outlined above shall be primary and non-contributory coverage for Vendor’s negligence. i. Vendor reserves the right to appoint legal counsel to provide for the Vendor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or DETAILED SPECIFICATIONS Marine Vessel Removal Services 22 RFP #09-21 to Vendor’s design, equipment, or service. Vendor agrees that the City shall not be liable to reimburse Vendor for any legal fees or costs as a result of Vendor providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and City’s failure to request evidence of this insurance shall not be construed as a waiver of Vendor’s (or any contractors’, subcontractors’, representatives’ or agents’) obligation to provide the insurance coverage specified. MILESTONES Marine Vessel Removal Services 23 RFP #09-21 1. ANTICIPATED BEGINNING AND END DATE OF INITIAL TERM. February 2021 - January 2022 If the commencement of performance is delayed because the City does not execute the contract on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution. 2. EXTENSION. The City reserves the right to extend the term of this contract, provided however, that the City shall give written notice of its intentions to extend this contract no later than thirty (30) days prior to the expiration date of the contract. 3. RENEWAL. At the end of the initial term of this contract, the City may initiate renewal(s) as provided herein. The decision to renew a contract rests solely with the City. The City will give written notice of its intention to renew the contract no later than thirty (30) days prior to the expiration. Three (3), one (1) year renewals are possible at the City’s option. 4. PRICES. All pricing shall be firm for the initial term of one (1) year except where otherwise provided by the specifications, and include all transportation, insurance and warranty costs. The City shall not be invoiced at prices higher than those stated in any contract resulting from this proposal. a. The Contractor certifies that the prices offered are no higher than the lowest price the Contractor charges other buyers for similar quantities under similar conditions. The Contractor further agrees that any reductions in the price of the goods or services covered by this proposal and occurring after award will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions. b. During the sixty (60) day period prior to the renewal anniversary of the contract effective date, the Contractor may submit a written request that the City increase the prices in an amount for no more than the twelve month change in the Consumer Price Index for All Urban Consumers (CPI-U), US City Average, All Items, Not Seasonally Adjusted as published by the U.S. Department of Labor, Bureau of Labor Statistics (http://www.bls.gov/cpi/home.htm). The City shall review the request for adjustment and respond in writing; such response and approval shall not be unreasonably withheld. c. At the end of the initial term, pricing may be adjusted for amounts other than inflation based on mutual agreement of the parties after review of appropriate documentation. Renewal prices shall be firm for the one (1) year renewal term. d. No fuel surcharges will be accepted. RESPONSE ELEMENTS Marine Vessel Removal Services 24 RFP #09-21 1. PROPOSAL SUBMISSION. It is recommended that responses are submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. For responses mailed and/or hand-delivered, firm must submit one (1) signed original (identified as ORIGINAL) response, three (3) copies of the response and one (1) copy in an electronic format, on a disc or thumb drive, in a sealed container using the label provided at the end of this solicitation. NOTE: If submitting proposals electronically, copies are not required. 2. PROPOSAL FORMAT (the following should be included and referenced with index tabs) NOTE: Every proposal received by the City will be considered a public record pursuant to Chapter 119, Florida Statutes. Any response marked confidential may be deemed non- responsive to this RFP. Table of Contents: Identify contents by tab and page number TAB 1 - Letter of Transmittal. A brief letter of transmittal should be submitted that includes the following information: 1. The proposer’s understanding of the work to be performed. 2. A positive commitment to perform the service within the time period specified. 3. The names of key persons, representatives, project managers who will be the main contacts for the City regarding this project. TAB 2 – Qualifications and Experience. The following information should be included: 1. A statement of qualifications, abilities, experience and expertise in providing the requested services. a. A description of what qualifies your company, financial and otherwise, to provide the City with these services for the required period of time, provide appropriate staffing, provide necessary resources and show a history of demonstrated competence. b. An assessment of the proposer’s abilities to meet and satisfy the needs of the City, taking into consideration the requested services, additional services and/or expertise offered that exceed the requirements, or the Contractor’s inability to meet some of the requirements of the specifications. c. References – A minimum of three (3) references, preferably from other public entities within the State of Florida, for whom you have provided similar services. Include the name of entity, contact person’s names, phone numbers, e-mail addresses, mailing addresses, type of service provided, dates these services were provided. 2. Identification of senior and technical staff to be assigned to the City. Staff named in the proposal may not be substituted without permission of the City. a. Resumes, including relevant experience may be included. TAB 3 – Facilities and Equipment. Clearly describe the vessels, vehicles, trailers, equipment, and facilities intended to be used for the services listed herein. Provide pictures of vessels, trailers, equipment, established facilities, and other documentation, including certificates, to assist during proposal evaluations to include proof of ownership and/or valid lease agreements for facilities. TAB 4 – Capacity for Contract. Clearly describe your understanding of and ability to accommodate and respond to requests for Marine Vessel Removal, Towing, Storage and Disposal Services. TAB 5 - Pricing Sheet (Exhibit A - Pricing). The cost portion of the proposal should include the following elements: 1. Completed and Signed Exhibit A - Pricing Sheet 2. A listing of any and all additional charges not specifically identified in Exhibit A - Pricing Sheet. RESPONSE ELEMENTS Marine Vessel Removal Services 25 RFP #09-21 TAB 6 - Other Forms. The following forms should be completed and signed: 1. Exceptions/Additional Materials/Addenda form 2. Vendor Information form 3. Vendor Certification of Proposal form 4. Scrutinized Companies form(s) as required 5. Copies of licenses and/or certifications 6. Scrutinized Companies Form 7. W-9 Form. Include a current W-9 form (http://www.irs.gov/pub/irs-pdf/fw9.pdf) EXCEPTIONS / ADDITIONAL MATERIAL / ADDENDA Marine Vessel Removal Services 26 RFP #09-21 Proposers shall indicate any and all exceptions taken to the provisions or specifications in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): **Special Note – Any material exceptions taken to the City’s Terms and Conditions may render a Proposal non-responsive. No exceptions Exceptions taken (describe--attach additional pages if needed) Additional Materials submitted (mark one): No additional materials have been included with this proposal Additional Materials attached (describe--attach additional pages if needed) Acknowledgement of addenda issued for this solicitation: Prior to submitting a response to this solicitation, it is the vendor’s responsibility to confirm if any addenda have been issued. Addenda Number Initial to acknowledge receipt Vendor Name Date: VENDOR INFORMATION Marine Vessel Removal Services 27 RFP #09-21 Company Legal/Corporate Name: Doing Business As (if different than above): Address: City: State: Zip: - Phone: Fax: E-Mail Address: Website: DUNS # Remit to Address (if different than above): Order from Address (if different from above): Address: Address: City: State: Zip: City: State: Zip: Contact for Questions about this proposal: Name: Fax: Phone: E-Mail Address: Day-to-Day Project Contact (if awarded): Name: Fax: Phone: E-Mail Address: Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: Provide supporting documentation for your certification, if applicable. VENDOR CERTIFICATION OF PROPOSAL Marine Vessel Removal Services 28 RFP #09-21 By signing and submitting this Proposal, the Vendor certifies that: a) It is under no legal prohibition to contract with the City of Clearwater. b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents. c) It has no known, undisclosed conflicts of interest. d) The prices offered were independently developed without consultation or collusion with any of the other respondents or potential respondents or any other anti-competitive practices. e) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who has or may have had a role in the procurement process for the services and or goods/materials covered by this contract. f) It understands the City of Clearwater may copy all parts of this response, including without limitation any documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer, or in response to a public records request under Florida’s public records law (F.S. 119) or other applicable law, subpoena, or other judicial process. g) Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees. h) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and not debarred by any Federal or public agency. i) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and Rules if awarded by the City. j) It is current in all obligations due to the City. k) It will accept such terms and conditions in a resulting contract if awarded by the City. l) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit binding offers for the goods or services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: SCRUTINIZED COMPANIES FORMS Marine Vessel Removal Services 29 RFP #09-21 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM IF YOUR BID/PROPOSAL IS $1,000,000 OR MORE, THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaging in business operations in Cuba and Syria; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria; and 3. Business Operations means, for purposes specifically related to Cuba or Syria, engaging in commerce in any form in Cuba or Syria, including, but not limited to, acquiring, developing, maintaining, owning, selling, possessing, leasing or operating equipment, facilities, personnel, products, services, personal property, real property, military equipment, or any other apparatus of business or commerce; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by _____________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. __________________________________________ Notary Public __________________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE SCRUTINIZED COMPANIES FORMS Marine Vessel Removal Services 30 RFP #09-21 SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 3. “Boycott Israel” or “boycott of Israel” means refusing to deal, terminating business activities, or taking other actions to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli-controlled territories, in a discriminatory manner. A statement by a company that it is participating in a boycott of Israel, or that it has initiated a boycott in response to a request for a boycott of Israel or in compliance with, or in furtherance of, calls for a boycott of Israel, may be considered as evidence that a company is participating in a boycott of Israel; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel. ______________________________________ Authorized Signature ______________________________________ Printed Name ______________________________________ Title ______________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by _____________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. __________________________________________ Notary Public __________________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER Marine Vessel Removal Services 31 RFP #09-21 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED PROPOSAL Submitted by: Company Name: Address: City, State, Zip: RFP #09-21, Marine Vessel Removal, Towing, Storage, and Disposal Services Due Date: December 9, 2020 at 10:00 A.M. City of Clearwater Attn: Procurement Division PO Box 4748 Clearwater FL 33758-4748 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ SEALED PROPOSAL Submitted by: Company Name: Address: City, State, Zip: RFP #09-21, Marine Vessel Removal, Towing, Storage, and Disposal Services Due Date: December 9, 2020 at 10:00 A.M. City of Clearwater Attn: Procurement Division 100 S Myrtle Ave 3rd Fl Clearwater FL 33756-5520 ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9093 Agenda Date: 5/3/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 4.3 SUBJECT/RECOMMENDATION: Authorize the Clearwater Police Department (CPD) to accept a Florida Department of Health, Helping Emergency Responders Obtain Support (HEROS) Program grant, to update the Department’s Naloxone (Narcan) supply in the valued amount of $11,800 and authorize the appropriate officials to execute same. (consent) SUMMARY: In April 2021, the Resource Management Committee approved submission of a grant application under the Florida Department of Health, Helping Emergency Responders Obtain Support (HEROS) Program. That grant is now awarded and CPD seeks approval to accept it. The Opioid crisis has significantly impacted the State of Florida and Pinellas County. In 2018, there were 238 opioid-related deaths in Pinellas County, up from 150 in 2015. Pinellas County EMS reported 5,306 overdose related transports in 2019. Clearwater Police Department Officers and Clearwater Fire/Rescue respond to opioid related overdose calls for service on a routine basis. In 2016, the Clearwater Police Department became the first law enforcement agency in the Tampa Bay Region to deploy opioid antagonist Naloxone, commonly referred to as Narcan, to selected field personnel. In 2017, the Police Department equipped all field personnel with this life saving drug. In 2019, Clearwater Police Department personnel deployed Narcan 21times and responded to over 280 specific overdose incidents. In 2020, Clearwater Police Department personnel deployed Narcan 26 times and responded to 279 specific overdose incidents. Providing opioid antagonists, such as Narcan, is a central tenant of the Pinellas County Opioid Task Force’s Strategic Plan. In January 2021, the Florida Police Chiefs Association (FPCA) made available the Florida Department of Health, Helping Emergency Responders Obtain Support (HEROS) Program to municipal Police Departments. The Police Department applied for, and received, a similar grant award through the HEROS Program in 2018 and, again, in 2020. The Clearwater Police Department applied for this grant to replace its current Narcan supply; the majority of this supply is set to expire in September 2021. The Clearwater Police Department was awarded a grant allotment, to replace 295 packages of Narcan Nasal Spray (Naloxone HCI, 4mg) or 590 doses. Each officer/field personnel is equipped with two doses of Page 1 City of Clearwater Printed on 4/30/2021 File Number: ID#21-9093 this life saving drug. The approximate value to the grant award is $11,800. There will be no direct adverse impact to the Police Department annual operating budget nor is there a required match. Page 2 City of Clearwater Printed on 4/30/2021 Mission: To protect, promote & improve the health of all people in Florida through integrated state, county & community efforts. Ron DeSantis Governor Scott A. Rivkees, MD State Surgeon General Vision: To be the Healthiest State in the Nation April 9, 2021 Daniel Slaughter Clearwater Police Department 645 Pierce Street Clearwater, Florida 33755 Dear Daniel Slaughter: The Department of Health is pleased to award emergency opioid antagonists to your agency through the Helping Emergency Responders Obtain Support (HEROS) Program. The purpose of this program is to reduce the number of drug/opioid overdose-related deaths and adverse events by providing emergency responders with the appropriate pharmaceutical resources to address this crisis. Your agency has been approved to receive the following emergency opioid antagonist: Quantity (Doses) Type 590 Intranasal Dose: 4 mg/.1mL Package Size 1 package contains 2 doses 0 Luerlock Pre-filled Syringe Dose: 1 mg/mL Package Size 1 package contains 10 doses 0 MIN-I-JET Dose: 1 mg/mL Package Size 1 package contains 10 doses 0 Vial Dose: .4 mg/mL Package Size 1 package contains 25 doses Your agency must meet the following requirements before April 30, 2021 to receive the award: • Awardees must register for the Minnesota Multi-State Contracting Alliance for Pharmacy Agreement (MMCAP). MMCAP's primary function is to provide a full range of pharmaceuticals to its participating agencies. MMCAP participation is free of charge and applicants may register at http://www.mmd.admin.state.mn.us/MMCAP/background/NewMemberInfo.aspx. • Licensed EMS agency applicants must have the ability to report naloxone administrations through the Emergency Medical Services Tracking and Reporting System (EMSTARS) to document naloxone administrations. All other applicants must have the ability to report to the Washington/Baltimore High Intensity Drug Trafficking Overdose Detection Mapping Application Program (OD Maps) identified in Chapter 401.253(1), Florida Statutes. Applicants may register for OD Maps free of charge at http://www.hidta.org/odmap/. Applications may be approved for funding pending registration with OD Maps or software upgrades pending for EMSTARS. Florida Department of Health Division of Emergency Preparedness and Community Support Director’s Office 4052 Bald Cypress Way, Bin A-22 • Tallahassee, FL 32399-1722 PHONE: 850/245-4440 • FAX: 850/245-4378 FloridaHealth.gov Helping Emergency Responders Obtain Support (HEROS) Program Page Two April 9, 2021 Your agency’s requirement status is listed below: Status Requirements Yes MMCAP Yes Reporting Requirement Your agency is required to meet the MMCAP and the reporting requirements (either EMSTARS or OD Maps). If the Department’s records reflect both requirements met, the Department will ship the emergency opioid antagonist between February and April to the shipping address that was provided in your submitted application. The Department will not ship the emergency opioid antagonist until the Department verifies that both requirements have been met. Upon receiving the product, a designated person shall compare the shipping invoice with the products and quantities received. This person shall verify the shipment and certify the receipt. Any discrepancies (including shortages, overages, or incorrect product) between the listed quantity shipped and the actual quantity received must be noted with notification sent to Cardinal_Invoices@flhealth.gov the same day. Copies of the invoices/packing slips should be scanned and emailed to Cardinal.Invoices@flhealth.gov. This documentation must be signed by the party responsible for receiving, dated with the receiving date and the discrepancy noted. Your agency must agree to return to the address below, all expired, obsolete, or contaminated emergency opioid antagonist provided through this program. Please complete the attached Narcan Return Form. The form may also be found on the HEROS Program’s website. Place the completed form in the box with the product to be returned and retain a copy for your records. Send the package to the address below: Florida Department of Health Bureau of Public Health Pharmacy 104-2 Hamilton Park Drive Tallahassee, Florida 32304 Attention: Central Pharmacy Quarantine Thank you for your participation in this state HEROS Program. If you need assistance, please contact the Division of Emergency Preparedness and Community Support, HEROS Support Coordinator, Olivia Eakin at 850-558-9774 or Olivia.Eakin@flhealth.gov. Sincerely, Doug Woodlief Division Director Emergency Preparedness and Community Support Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ORD 9461-21 Agenda Date: 5/3/2021 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Engineering Department Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve the request from the owner of property addressed as 2055 Buford Avenue, Clearwater to vacate a platted 10-foot Utility Easement, described as the north 10 feet of lot 18, Cedar Heights, according to the plat thereof as recorded in Plat Book 81, Page 85, of the Public Records of Pinellas County, Florida, and pass Ordinance 9461-21 on first reading. SUMMARY: The property owner at 2055 Buford Ave., Clearwater, has requested that the City vacate a 10-foot platted Utility Easement along the rear of their property. The purpose of this vacation will be to allow construction of a pool and pool deck. There are no utilities present within this easement. City staff have reviewed this vacation and have no objection. Page 1 City of Clearwater Printed on 4/30/2021 1 Ord. No. 9461-21 ORDINANCE NO. 9461-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING A PLATTED 10 FOOT UTILITY EASEMENT, LOCATED ALONG THE NORTH 10 FEET OF LOT 18, CEDAR HEIGHTS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 81, PAGE 85, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner in fee title of real property described and depicted in Exhibit “A”, attached hereto and incorporated herein, has requested that the City vacate said utility easement; and WHEREAS, the City Council of the City of Clearwater, Florida finds that said utility easement is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: A utility easement described as follows: See Exhibit “A” is hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest thereto. Section 2. The City Clerk shall record this ordinance in the Public Records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING ________________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________ ________________________________ Frank Hibbard Mayor 2 Ord. No. 9461-21 Approved as to form: Attest: ________________________________ ________________________________ Laura Mahony Rosemarie Call Senor Assistant City Attorney City Clerk PROPOSED 10' UTILITY EASEMENT VACATION That 10.00 foot utility easement located along the North 10.00 feet of Lot 18, CEDAR HEIGHTS, according to the plat thereof as recorded in Plat Book 81, Page 85, of the Public Records of Pinellas County, Florida. CERTIFIED TO: (AS FURNISHED) DEBBY EVANS A/KIA DEBORAH FALLAHEE TERRANCE FALLAHEE COURTLAND GROUP HOLDINGS, LLC BASIS OF BEARING BEARINGS ARE BASED ON THE NORTH RIGHT-OF-WAY OF BUFORD BOULEVARD WHICH HASA BEARING OF N89°34'15"W PER PLAT. NOTES 1. Additions or deletions to this sketch by other than the signing party or parties isprohibited without the woitten consent of the signing party or parties. 2. The property shown hereon is subject to all easements, restrictions and reservations which may be shown or noted on the record plat and within the public records of the county the subject property is located. This sketch only depicts survey related information such as easements and setbacks that are shown on a record plat or have been furnished to the Surveyor. 3. This sketch is prepared for the exclusive use and benefit of the parties listed hereon. Liability to third parties may not be transferred or assigned. l\ L ,.... 0 -I -.J z 0 0 ...l -..J <fi OI • =;; 0 CHARTER OAKS SUBDIVISION PB 79, PG 30 S 89"48'11" E 79.28' SUBJECT PARCEL 793± sqft LOT 18 N 89"34'15" W 79.28' RIGHT OF WAY VARIES z 0 0 ...l -..J OI • =;; 0 LOT 19 N 89"34'15" W 133.96' JOB#: VLSR20-44637 SURVEYOR'S CERTIFICATE CLIENT#: DRAFTER: BT APPROVED: JEW LB 7788 I HEREBY CERTIFY THAT THIS SKETCH IS A TRUE AND ACCURATE REPRESENTATION OF A SURVEY PREPARED UNDER MY DIRECTION. ,,,,1111,,,,, ,,,����1·'t-£!lt'?.:::,,., 'S."c,� &'•�,:,. /::J' NO. 6573 ('-j>\ \ !�=•. STATE OF a•::: -::.�•. FLORIDA / $ "i-.,�·-.... . ... •� ,� Joseph E. Williamson, PLS ,,,,,,1111,,,,, DATED: 12-23-20 PROFESSIONAL LAND SURVEYOR FLORIDA REGISTRATION #6573 VISION LAND NOT VALID WITHOUT THE ELECTRONIC SIGNATURE AND/OR ORIGINAL RAISED SEAL OF THE LISTED FLORIDA LICENSED SURVEYOR AND MAPPER �€R'll l f DATE REVISION DATE REVISION 941 5 Pennsylvania Ave, Winter Park, FL 32789 I (888) 399-8474 EXHIBIT A BUFORD BLVD CHARTER OAKS DR RED CEDAR LN TODD RD DEL BETMAR RD 2024 2020 2023 2019 2018204920432061202520492066204220372055202220672055206020732067205420612048205520212043AERIAL MAP N.T.S.Scale: Document Path: C:\Users\Kieffer.Nyland\City of Clearwater\Engineering Geographic Technology - Location Maps\Buford_Blvd-Vacation.mxd Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Proposed Utility Easement Vacation2055 Buford Blvd Page 1 of 1Aerial Flown 2019 Date:2/9/2021KNMap Gen By: PROPOSED 10'x80'EASEMENT VACATION RBReviewed By:253BGrid #:1-29s-15eS-T-R: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ORD 9462-21 Agenda Date: 5/3/2021 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Engineering Department Agenda Number: 5.2 SUBJECT/RECOMMENDATION: Approve the request from the owner of property addressed as 1002 Eldorado Avenue, Clearwater to vacate a platted 5-foot Utility Easement, described as the west 5 feet of lot 7, Block 69, Mandalay, recorded in Plat Book 14, Pages 32 to 35, of the Public Records of Pinellas County, Florida, and pass Ordinance 9462-21 on first reading. SUMMARY: The property owner at 1002 Eldorado Ave., Clearwater, has requested that the City vacate a 5-foot platted Utility Easement along the rear of their property. The purpose of this vacation will be to allow construction of a pool and pool deck. There are no utilities present within this easement. City staff have reviewed this vacation and have no objection. Page 1 City of Clearwater Printed on 4/30/2021 [RE15-1313-080/265287/1] 1 Ord. No. 9462-21 ORDINANCE NO. 9462-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING A PLATTED 5 FOOT UTILITY EASEMENT, DESCRIBED AS THE WEST 5 FEET OF LOT 7, BLOCK 69, MANDALAY, RECORDED IN PLAT BOOK 14, PAGES 32 TO 35, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner in fee title of real property described and depicted in Exhibit “A”, attached hereto and incorporated herein, has requested that the City vacate said utility easement; and WHEREAS, the City Council of the City of Clearwater, Florida finds that said utility easement is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: A utility easement described as follows: See Exhibit “A” is hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest thereto. Section 2. The City Clerk shall record this ordinance in the Public Records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING ________________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________ ________________________________ Frank Hibbard Mayor [RE15-1313-080/265287/1] 2 Ord. No. 9462-21 Approved as to form: Attest: ________________________________ ________________________________ Laura Lipowski Mahony Rosemarie Call Senior Assistant City Attorney City Clerk ELDORADO AVE ISLAND DR 984 1001 1011 1000 1010 1013 1006 1002 10151020 AERIAL MAP N.T.S.Scale: Document Path: C:\Users\Kieffer.Nyland\City of Clearwater\Engineering Geographic Technology - Location Maps\1002_Eldorado_Ave_EasementVacation.mxd Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Proposed Utility Easement Vacation1002 Eldorado Avenue Page 1 of 1Aerial Flown 2019 Date:3/11/2021KNMap Gen By: PROPOSED 5'EASEMENT VACATION RBReviewed By:238AGrid #:32-28s-15eS-T-R: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9094 Agenda Date: 5/3/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 5.3 SUBJECT/RECOMMENDATION: Approve the final plat for Elevate SafePoint, whose physical address is 1551/1555/1559 Union Street, located on the south side of Union Street approximately 900 feet east of Highland Avenue. (consent) SUMMARY: This will be a 2-lot plat for an assisted living facility and an independent living facility. This project site is currently unplatted lands consisting of three separate parcels. The project site consists of 7.00 acres M.O.L. This development was approved through the Development Review Committee on December 19, 2020 and the Community Development Board on January 19, 2021. Page 1 City of Clearwater Printed on 4/30/2021 DunedinClearwater UNION ST N HIGHLAND AVE SOUVENIR DR BYRAM DR PLATEAU RD POWDERHORN DR PICARDY CIR PINE PL FLORA RD WINDSOR DR STRATHMILL DR HUNTINGTON LN KRUSE LN CUMBERLAND LN TALISKER DR RIDGELANE RD PARAGON CIR EBOWMORE DR PARAGON CIR WBYRAM CIR PARAGON CIR S HIGHLAND CIR LOCATION MAP Document Path: C:\Users\Christopher.Melone\City of Clearwater\Engineering Geographic Technology - Documents\Plats\Plats for Recording\ElevateSafepoint\ElevateSafePointPlatReview\Elevate SafePoint Plat.mxd ² N.T.S.Scale: Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Elevate SafePoint Plat Page 1 of 1Date:4/14/2021CRMMap Gen By:02-29s-15eS-T-R:TMReviewed By:252AGrid #: Plat Location ^ PLAT BOOK: PAGE: ELEVATE SAFEPOINT A PARCEL OF LAND BEING A PORTION OF THE NORTHWEST 1 /4 OF SECTION 2, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA LEGAL DESCRIPTION A PARCEL OF LAND BEING A PORTION OF THE NORTHWEST 1/4 OF SECTION 2, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, BEING MORE PART/CULARL Y DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF THE EAST 1/2 OF THE NORTHEAST 114 OF THE NORTHWEST 1/4 OF SAID SECTION 2, TOWNSHIP 29 SOUTH, RANGE 15 EAST, THENCE RUN SOUTH 00°09'21" EAST, A DISTANCE OF 33.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF UNION STREET, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE RUN SOUTH 89°09'36" EAST ALONG THE SOUTH RIGHT-OF-WAY LINE OF UNION STREET, A DISTANCE OF 418.03 FEET TO THE NORTHWEST CORNER OF LOT 63, WALDEN WOODS PLAT, AS RECORDED IN PLAT BOOK 70, PAGE 49, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE LEAVING SAID SOUTH RIGHT-OF-WAY LINE OF UNION STREET, RUN SOUTH 00°05'24" EAST, ALONG THE WEST BOUNDARY LINES OF LOTS 52 THROUGH 63, OF SAID WALDEN WOODS PLAT, A DISTANCE OF 730.26 FEET TO THE INTERSECTION OF LOTS 50 AND 52, OF SAID WALDEN WOODS PLAT,· THENCE RUN NORTH 89°15'23" WEST, ALONG THE NORTH BOUNDARY LINE OF LOTS 44 THROUGH 50, OF SAID WALDEN WOODS PLAT, A DISTANCE OF 417.40 FEET TO THE NORTHWEST CORNER OF SAID LOT 44 OF SAID WALDEN WOODS PLAT; THENCE LEAVING SAID NORTH BOUNDARY LINE OF SAID WALDEN WOODS PLAT, RUN NORTH 00°08'20" WEST, A DISTANCE OF 730.86 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF UNION STREET AND THE POINT OF BEGINNING. CONTAINING 7.00 ACRES MORE OR LESS. DEDICATION ELEVATE SAFEPOINT, LLC, A LIMITED LIABILITY CORPORA T/ON, AUTHORIZED TO DO BUSINESS IN THE STATE OF FLORIDA ("OWNER'1, HEREBY STA TES AND DECLARES THAT IT IS THE FEE SIMPLE OWNER OF ALL LANDS REFERENCED HEREON AS ELEVATE SAFEPOINT, LLC, AS DESCRIBED IN THE LEGAL DESCRIPTION WHICH IS A PART OF THIS PLAT AND MAKES THE FOLLOWING OED/CATIONS: 1.OWNER DOES FURTHER GRANT, CONVEY AND DEDICATE TO THE CITY OF CLEARWATER AND PINELLAS COUNTY,FLORIDA, A PERPETUAL EASEMENT OVER AND ACROSS ALL STREETS FOR ANY AND ALL GOVERNMENTALPURPOSES INCLUDING (WITHOUT LIM/TAT/ON) FIRE AND LAW ENFORCEMENT AND EMERGENCY MEDICAL SERVICES. 2.OWNERS DO FURTHER GRANT, CONVEY, AND DEDICATE TO THE CITY, STATUTORILY AUTHORIZED PUBLICUTILITY ENTITIES AND ALL LICENSED PRIVATE UTILITY ENTITIES A NON-EXCLUSIVE, UNOBSTRUCTED UTILITY EASEMENT FOR TELEPHONE, ELECTRIC, CABLE TELEVISION, WATER, SEWER, STREET LIGHTS, FIRE PROTECTION AND OTHER UTILITIES OVER AND ACROSS THOSE PORTIONS OF THE PLAT SHOWN AS "UTILITY EASEMENI'', ANDIDENTIFIED HEREON FOR SUCH PURPOSES, THE USE AND BENEFIT OF WHICH SHALL EXTEND AND INURE TO THEBENEFIT OF THE COUNTY, STATUTORILY AUTHORIZED PUBLIC UTILITY ENTITIES AND ALL DULY LICENSED PRIVATEUTILITY COMPANIES. IN THE EVENT UTILITY IMPROVEMENTS ARE CONSTRUCTED WITHIN SUCH UTILITY EASEMENTAREAS, IT SHALL BE THE RESPONSIBILITY OF THE UTILITY ENTITIES TO REPAIR OR REPLACE SAID UTILITYIMPROVEMENTS AS NECESSARY FOR MAINTENANCE OF SAID UTILITIES. OWNER ELEVA TE SAFEPOINT, LLC, A FLORIDA LIMITED LIABILITY COMPANY BY: __________ _ BRYN WESCH, PRESIDENT WITNESS NAME SIGNATURE WITNESS NAME SIGNATURE ACKNOWLEDGMENT OF OWNER STATE OF FLORIDA COUNTY OF PINELLAS THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS ___ DAY OF ______ , 2021. BY BRYN WESCH, AS PRESIDENT, ELEVA TE SAFEPOINT , LLC, ON BEHALF OF THE CORPORATION, WHO IS PERSONALLY KNOWN TO ME OR HAS PRODUCED A FLORIDA DRIVERS LICENSE AS /DENT/FICA TION. SIGNATURE NOTARY PUBLIC -STATE OF FLORIDA , ID LB LS NO. O.R. PRM PSM R/W SPC TYP 0 1,.8 IDENTIFICATION LEGEND � LICENSED BUSINESS NUMBER LICENSED SURVEYOR NUMBER OFFICIAL RECORDS PERMANENT REFERENCE MONUMENT PROFESSIONAL SURVEYOR AND MAPPER RIGHT-OF-WAY STAT£ PLAN[ COORDINATE TYPICAL SU 5/8" IRON ROD {LB-1968) SU 4" X 4" CONCRETE MONUMENT (PRM LB-1968) � NOTES: •THE COORDINATE VALUES SHOWN HEREON WERE ESTABLISHED TO THIRD ORDER CLASS I ACCURACY AS DEFINED BY THE STANDARDS AND SPECIF/CA T/ONS FOR GEODETIC CONTROL NETWORKS, AS PUBLISHED BY THE FLORIDA GEODETIC COMMITTEE DATED SEPTEMBER 1984 OR LA TEST EDITION. •THE BEARINGS SHOWN ON THE PLAT ARE BASED ON STA TE PLANE COORDINATE VALUESPURSUANT TO ORDINANCE 06-03, ADOPTED BY THE BOARD ON FEBRUARY 28, 2006, REVISINGLAND DEVELOPMENT CODE 306.10 AND CODE 700.9B4f. •A 5/8" IRON ROD, WITH CAP AND/OR NAIL AND DISK, INSCRIBED WITH DA VRIS, INC LB-7968 SHALLBE SET AT EACH LOT CORNER, POINTS OF INTERSECT/ON AND CHANGES OF DIRECTION OF LINES WITHIN THE SUBDIVISION AS REQUIRED BY CHAPTER 177 OF THE FLORIDA STATUTESWITHIN THE TIME ALLOTTED IN S. 177.091(9). •BASIS OF BEARINGS -BEARINGS ARE REFERENCED TO THE SOUTH RIGHT-OF-WAY LINE OFUNION STREET, BEING SOUTH 89°09'36" EAST (GRID). •ALL PLATTED UTILITY EASEMENTS SHALL PROVIDE THAT SUCH EASEMENTS SHALL ALSO BE EASEMENTS FOR THE CONSTRUCT/ON, INSTALLATION, MAINTENANCE, AND OPERATION OF CABLE TELEVISION SERVICES; PROVIDED, HOWEVER, NO SUCH CONSTRUCTION, INSTALLATION,MAINTENANCE, AND OPERATION OF CABLE TELEVISION SERVICES SHALL INTERFERE WITH THEFACILITIES AND SERVICES OF AN ELECTRIC, TELEPHONE, GAS, OR OTHER PUBLIC UTILITY. INTHE EVENT A CABLE TELEVISION COMPANY DAMAGES THE FACILITIES OF A PUBLIC UTILITY, ITSHALL BE SOLELY RESPONSIBLE FOR THE DAMAGES. THIS SECTION SHALL NOT APPLY TOTHOSE PRIVATE EASEMENTS GRANTED TO OR OBTAINED BY A PARTICULAR ELECTRIC,TELEPHONE, GAS, OR OTHER PUBLIC UTILITY. SUCH CONSTRUCT/ON, INSTALLATION,MAINTENANCE, AND OPERATION SHALL COMPLY WITH THE NA T/ONAL ELECTRICAL SAFETY CODE AS ADOPTED BY THE FLORIDA PUBLIC SERVICE COMMISSION. •"NOTICE: THIS PLAT, AS RECORDED IN ITS GRAPHIC FORM, IS THE OFFICIAL DEPICTION OF THESUBDIVIDED LANDS DESCRIBED HEREIN AND WILL IN NO CIRCUMSTANCES BE SUPPLANTED INAUTHORITY BY ANY OTHER GRAPHIC OR DIGITAL FORM OF THE PLAT. THERE MAY BEADDITIONAL RESTRICTIONS THAT ARE NOT RECORDED ON THIS PLAT THAT MAY BE FOUND INTHE PUBLIC RECORDS OF THIS COUNTY." •THERE MAY BE ADDITIONAL EASEMENTS AND/OR RESTRICTIONS AFFECTING THIS PROPERTYTHAT MAY OF MAY NOT BE FOUND IN THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. NOTES: GENERAL EASEMENT STATEMENT FOR TOWNHOMES, CONDOMINIUMS AND APARTMENT COMPLEXES 1.THERE IS HEREBY CREATED AN INGRESS AND EGRESS EASEMENT FOR FIRE AND EMERGENCYVEHICLES, PUBLIC OFFICIALS, UTILITY COMPANIES, AND THE CITY OF CLEARWATER, FOR SANITATIONSERVICES AND UTILITY MAINTENANCE OVER AND ACROSS ALL PAVED SURFACES, LOCATED ON THELANDS DESCRIBED HEREON. 2.NO PERMANENT PRIVATE STRUCTURES INCLUDING MASONRY OR CONCRETE BLOCK FENCES ARE TO BE LOCATED WITHIN EASEMENTS. UTILITY EASEMENTS SHALL ALSO BE EASEMENTS FOR THECONSTRUCTION, INSTALLATION, MAINTENANCE, AND OPERATION OF CABLE TELEVISION SERVICES;PROVIDED, HOWEVER, NO SUCH CONSTRUCTION, /NSTALLA T/ON, MAINTENANCE, AND OPERATION OFCABLE TELEVISION SERVICES SHALL INTERFERE WITH THE FACILITIES AND SERVICES OF ANELECTRIC, TELEPHONE, GAS, OR OTHER PUBLIC UTILITY. IN THE EVENT A CABLE TELEVISIONPROVIDER DAMAGES THE FACILITIES OF A PUBLIC UTILITY, IT SHALL BE SOLELY RESPONSIBLE FORTHE DAMAGES. 3.A TEN (10) FOOT WATER MAIN EASEMENT LYING FIVE (5) FEET ON EACH SIDE OF WATER MAINS, AS THEY ARE LOCATED FROM TIME TO TIME, UP TO AND INCLUDING ALL HYDRANTS AND METERS,EXCEPT WHERE SUCH MAINS AND RELATED WATER FACILITIES MAY LIE UNDER STRUCTURES. [THIS IS A NON-PLOTTABLE, "BLANKET TYPE" EASEMENT THAT AFFECTS THE ENTIRE SUBJECT PROPERTY]. CERT/FICA TE OF APPROVAL OF COUNTY COMMISSION STATE OF FLORIDA COUNTY OF PINELLAS IT IS HEREBY CERTIFIED THAT THIS PLAT HAS BEEN OFFICIALLY APPROVED FOR RECORD BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF PINELLAS, FLORIDA, THIS ____ DAY OF -----� 2021. APPROVED: CHAIRMAN, BOARD OF COUNTY COMMISSIONERS KEN BURKE, CLERK PINELLAS COUNTY, FLORIDA BY: ___________ _ DEPUTY CLERK CERT/FICA TE OF APPROVAL OF COUNTY CLERK STATE OF FLORIDA COUNTY OF PINELLAS I, KEN BURKE, CLERK OF THE CIRCUIT COURT OF PINELLAS COUNTY, FLORIDA, HEREBY CERTIFY THAT THIS PLAT HAS BEEN EXAMINED AND THAT IT COMPLIES IN FORM WITH ALL THE REQUIREMENTS OF THE STATUTES OF FLORIDA PERTAINING TO MAPS AND PLATS, AND THAT THIS PLAT HAS BEEN FILED FOR RECORD IN PLAT BOOK ---� PAGE(S) ___ � PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, THIS DAY OF 2021. KEN BURKE, CLERK PINELLAS COUNTY, FLORIDA BY: ____________ DEPUTY CLERK SURVEYOR'S REVIEW FOR CONFORMITY CHAPTER 177, PART 1, FLORIDA STATUTES: PURSUANT TO SECTION 177.081, FLORIDA STATUTES, I HA VE REVIEWED THIS PLAT FOR CONFORMITY TO CHAPTER 177, FLORIDA STATUTES, AND FIND THAT SAID PLAT COMPLIES WITH THE TECHNICAL REQUIREMENTS OF THAT CHAPTER; PROVIDED, HOWEVER, THAT MY REVIEW DOES NOT INCLUDE FIELD VER/FICA T/ON OF ANY OF THE COORDINATES, POINTS OR MEASUREMENTS SHOWN ON THIS PLAT. THOMAS L. MAHONY FLORIDA PROFESSIONAL SURVEYOR AND MAPPER LICENSE NUMBER LS 6289 -STATE OF FLORIDA CITY OF CLEARWATER, ENGINEERING DEPARTMENT SURVEYOR'S CERT/FICA TE DATE I, CHRISTOPHER C. CHITTUM, OF DA VRIS, INC., MAKER OF THIS PLAT, DO HEREBY CERTIFY THAT THIS IS A CORRECT REPRESENTATION OF THE LANDS SURVEYED, THAT THIS PLAT WAS PREPARED UNDER MY DIRECTION AND SUPERVISION AND THAT THE PLAT COMPLIES WITH ALL OF THE SURVEY REQUIREMENTS OF CHAPTER 177, PART 1, FLORIDA STATUTES. I FURTHER CERTIFY THAT THIS PLAT MEETS ALL MATERIAL, IN COMPOSITION, REQUIRED BY FLORIDA STATUTES 177.091; THAT PERMANENT REFERENCE MONUMENTS (PRM'S) AND ALL LOT CORNERS WERE SET ON THE 11TH DAY OF FEBRUARY, 2021, AND ARE SET IN ACCORDANCE WITH FLORIDA LAW, AS SHOWN HEREON. SIGNED AND SEALED ON THIS ___ DAY OF _______ , 2021. CHRISTOPHER C. CHITTUM FLORIDA PROFESSIONAL SURVEYOR AND MAPPER LICENSE NUMBER PSM 5167 -STATE OF FLORIDA DAVRIS, INC. -CERT/FICA TE OF AUTHORIZATION LB-7968 DAVRIS, INC. 5830 NEBRASKA AVENUE NEW PORT RICHEY, FWRIDA 34652 (727)232-3800CERTIFICATE OF AUTHORIZATION LB-7968 WWW.DAVRISINC.COM TW@DAVRJSJNC.COM SHEET 1 OF 2 ELEVATE SAFEPOINT A PARCEL OF LAND BEING A PORTION OF THE NORTHWEST 1 /4 SECTION 2, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, OF FLORIDA STATE PLANE COORDINATES ,.-POINT OF COMMENCEMENT SPC NO. 1 -SU 4" X 4" CONCRETE MONUMENT (PRM LB-7968} NORTHWEST CORNER OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 2-29-15 NORTHING = 1332485.98 EASTING = 406574. 75 UNION STREET SPC NO. 2 -SU 4" X 4" CONCRETE MONUMENT (PRM LB-7968)17 ___ __ ____ _ _ _ _ _ (RIWVARIES) � c:, NORTH LINE OF SECTION 2-29-15,._:r . ---. --------NORTHING = 1332479.86 EASTI NG = 406992. 73 500'09'21"E 33.00'� � 1SOUTH R/W LINE OF UNION STREET SU 4" X i;R��1/i:1f2o����M&:r;.f;�R:3 LB-7953) UTILITY EASEMENT LINE TABLE LINE LENGTH BEARING L1 32.10' N89'09'36"W L2 32.50' 500'05'24"£ LJ 10.33' S20'27'19"£ L4 262.71' 500'05'24"£ L5 49.24' S45'23'23"W L6 68.40' 500'05'24"£ L7 16.81' 589 '45 '35 "W LB 10.00' Noo·14'2s"w L9 6.84' N89'45'35"E LIO 55.51' N00'05'24"W L11 101.85' S89'44'59"W L12 44.56' S00'14'25"£ L13 10.00' S89'45'35"W L14 44.56' N00'14'25"W L15 124.36' S89'44'59"W L16 44.23' S00'00'49"E L17 10.00' S89'59'11"W L18 44.19' N00'00'49"W L19 34.0J' S89'44'59"W L20 47.39' N44'36'37"W L21 242. 74' N00'05'24"W L22 40.68' N45'2J'23"E L23 315.97' N89'54'36"E L24 38.24' N00'05'24"W L25 10.00' S89 '09 '36 "E L26 10.63' 519·51'50"£ L27 36.29' S00'05'24"£ L28 14.80' S89'45'56"W L29 10.00' S00'14'04"t LJO 14.77' N89'45'56"E L31 206.J3'500'05'24 "E LJ2 45.11'S45'23'2J''w LJ3 279.01'589 '44 '59 "w LJ4 39.09'N44'36'37"W LJ5 234.45'N00'05'24"W LJ6 32.39'N45'23'23"E LJ7 315.48'N89'54'36"E ---_ SPC N°--1__; \ 589'09'36"E (BASIS OF BEARINGS) 418.03' j _ WALDEN WOODS (PLAT BOOK 70, PAGE 49) POINT OF BEGINNING____.,/ r--r=---__ s39·o9'35"E ___ __7_9_!_73' _ _ _ _ '',40.00' r' S89'09'36"E 186.30' : j I L7 __.{, ,----SU 4" X 4" CONCRETE MONUMENT (PRM LB-7968) I ·/----r:---------s-----.H..:t-,-1 I l'v--SPC NO 2 UNPLATTED LANDS PORTION OF SECTION 2-29-15 (O.R. BOOK 20419, PAGE 1842) I I I 70' UTILITY EASEMENT �I I L25 _, "" I I • I _, I ,,.- -J -------l.2� --L ---1---------------::.3 \Gl I : ;1,;/1,,,.--[7; UTILIT;EASEMENT---7----i--Ul --------_L26 -----jl � I 11 1 I ( /""3 -� I ( I I -.JI I I LOT63 I I I L2� I I I I I I � I �� II II :::---WEST BO�;ARY LINES OF LOTS 52 THROUGH 63l;, I I I · vi::;; <o uo'I <o WALDEN WOODS (PLAT BOOK 70, PAGE 49) ;;: I I I I� � bl �I I IC, "'I I I •:;i �'5 :;i I I I� �� I .,I I I I vi� I I I I LOT62 I I I � a.: 5I I I I I I I � a'. I I I ------- 1 I I ! � LOT 2 : I I I I I ""'::: I (3.24 ACRES MORE OR LESS) I I I I I i:! I I:';-1 I i 7' i I I "" � I I ,-1 I _,I I_, ,__ I r,:i:I � II II I,� _,,,I � I II �I � ,__ :;i ':;i-bl I �I� I I i5 I;,. ;,.I c5 I I�21 ,_ I I� � � t I I��1�11� I� :ill i:!1 1 1sllt :::i ll !�Iii:! I I 2 1 1 _ i-----I I :::i I I1 I I 2 I I I II -I µ I I : 1 � I I ) j LOT61 LOT60 LOT59 l '< I I ":,i / / I <�d' '<7 I I \;1/�/ SU 5/8" IRON ROD (LB-7968)\ � 589,46 ,1'a.,� ', 188.47' • 40_00, \S89'46'10"W _// /'; 189.21' ------__ __ _ � N89'46'1""E L33 41768' ( I I --r--1 SU 5/8" IRON ROD (LB-7968) ---t UNPLATTED LANDS PORTION OF SECTION 2-29-15 (D.R. BOOK 19885, PAGE 1700) SET 4" X 4" CONCRETE MONUMENT (PRM LB-7968) NORTHWEST CORNER OF LOT 44 WALDEN WOODS (PLAT BOOK 70, PAGE 49) -I '----""T.197 1 -""' 'T.1s---7 1-. u1 ----7 I I I I ,,. I I"" 0 1 i<c, n I LOT58 ! l I I I I ' I �I I� ::; I I::; ::;1 -_, _, I I I I I I --1 l---10' UTILITY EASEMENT----! i-i LJ L J L9 }J I I I I--I L17 L73 I I ri5 I �I"' Ic5 I I ':l L _J I L7 LOT57 I I II LOTJ (3.76ACRES MORE OR LESS) ,__ I ------I • C, 2 I��I 0, • "' ... I � LOT56 I f; I � ----- 1 IIIII LOT55 I�--·'--I I l" I�I f;I� LOT54 I -----1 I I I I I I I LOT53 I I I I -- 1 i--- 1 I �n L _[10' UTILITY EASEMENT I - -------------------- -----______________ J I I r----SET 4" X 4" CONCRETE MONUMENT (PRM LB-7968) LOT44 l V INTERSECTION OF LOTS 50 AND 52 I j I N89'15'2J"W I I 41740' T ,J I _ WALDEN WOODS (PLAT BOOK 70, PAGE 49) I I NORTH BOUNDARY LINES OF LOTS 44 THROUGH 50 \--- __ _ WALDEN WOODS PLAT (PLAT BOOK 70, PAGE 49) I j I I I I LOT45 I LOT46 I LOT47 I LOT48 I LOT49 I LOT50 LOT 51 I I I WALDEN whoDs I I !�(PLATBOOK70,PAGE49)--�1--------+1-------+1---- ID LB LS NO. O.R. PRM PSM R/W SPC TYP 0 �El PLAT BOOK: PAGE: �4 50'0 25'I I SCALE: 1" = 50' ID[NTIFICATION LEGEND � LICENSED 8US/N[SS NUMBER LICENSED SURVEYOR NUMBER OFFICIAL RECORDS PERMANENT Rff[R[NC[ MONUMENT PROFESSIONAL SURVEYOR AND MAPPER RIGHT-OF-WAY STAT[ PLANE COORDINA T[ TYPICAL SET 5/8" IRON ROD (LB--7968) SET 4" X 4" CONCRETE MONUMENT (PRM LB--1968) � DAVRIS, INC. 5830 NEBRASKA AVENUE NEW PORT RICHEY, FLORIDA 34652 (727)232-3800CERTIFICATE OF AUTHORIZATION LB-7968 WWW.DAVRISINC.COM TW@DAVRISJNC.COM SHEET 2 OF 2 50'I Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9095 Agenda Date: 5/3/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 5.4 SUBJECT/RECOMMENDATION: Approve the final plat for Leeks Thomas Estates, whose physical address is 511-517 Virginia Lane, located on the east side of Virginia Lane approximately 300 feet south of Gulf to Bay Boulevard. (consent) SUMMARY: This plat will create four single family residential lots from three unplatted parcels. The property is currently vacant land in a Low Medium Density Residential zoning. The project site consists of 0.64 acres M.O.L. This development was approved through the Development Review Committee on February 4, 2021. Page 1 City of Clearwater Printed on 4/30/2021 DRUID RD S KEENE RD RAINBOW DR S ARCTURAS AVE GULF-TO-BAY BLVD PHOENIX AVE BROOKSIDE DR S MARS AVE FLORIDA AVE S ORION AVE S METEOR AVE PINE ST S CORONA AVE S PEGASUS AVE VIRGINIA LN SHADY LN S VENUS AVE TURNER ST PARKLAND AVE LOCATION MAP Document Path: C:\Users\Christopher.Melone\City of Clearwater\Engineering Geographic Technology - Documents\GIS\Engineering\Location Maps\Leeks Thomas Estates Plat.mxd ² N.T.S.Scale: Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Leeks Thomas Estates Plat Page 1 of 1Date:3/23/2021CRMMap Gen By:13-29s-15eS-T-R:TMReviewed By:298AGrid #: Plat Location ^ Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9096 Agenda Date: 5/3/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 5.5 SUBJECT/RECOMMENDATION: Approve the final plat for Aventon Clearwater, whose physical address is 24323 / 24479 US Highway 19 North, located on the east side of US Highway 19 North approximately 800 feet north of Sunset Point Road. (consent) SUMMARY: This will be a 3-lot plat for the development of apartment homes. The project site is currently unplatted lands consisting of two separate parcels. The project site consists of 26.23 acres M.O.L. This development was approved through the Development Review Committee on March 11, 2021. Page 1 City of Clearwater Printed on 4/30/2021 SOULELAWSONDRD RCIRWOODRING SOUTH DRHARBOR DRDRDRDR C R -5 76 DIANE TERDRCENTERVIEWCT S DR CT N HAAS AVE SR-55US HWY 19BLACKBURNRD McCORMICK ROBINWOODSECONDWAY CHELSEA DR CAMDEN RDSTCAMDENRD SOULERDEUNION ST SUNSET POINT RD LOCATION MAP Document Path: C:\Users\Christopher.Melone\City of Clearwater\Engineering Geographic Technology - Documents\GIS\Engineering\Location Maps\Aventon Clearwater Plat.mxd ² N.T.S.Scale: Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Aventon Clearwater Plat Page 1 of 1Date:4/29/2021CRMMap Gen By:05-29s-16eS-T-R:TMReviewed By:255AGrid #: Plat Location ^ 701 S. Howard Avenue, Suite 106-320 Tampa, FL 33606 813-515-0821 MRICSpatial.com Licensed Business #8325 CERTIFICATE OF APPROVAL OF COUNTY CLERK STATE OF FLORIDA COUNTY OF PINELLAS I, KEN BURKE, CLERK OF THE CIRCUIT COURT OF PINELLAS COUNTY, FLORIDA, HEREBY CERTIFY THAT THIS PLAT HAS BEEN EXAMINED AND THAT IT COMPLIES IN FORM WITH ALL THE REQUIREMENTS OF THE STATUTES OF FLORIDA PERTAINING TO MAPS AND PLATS, AND THAT THIS PLAT HAS BEEN FILED FOR RECORD IN PLAT BOOK____, PAGE(S)____, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, THIS ____DAY OF______________ , 2021 . KEN BURKE, CLERK BY: __________________________ PINELLAS COUNTY, FLORIDA DEPUTY CLERK __________________________ PRINTED NAME SURVEYOR'S REVIEW FOR CONFORMITY CHAPTER 177, PART 1, FLORIDA STATUTES: PURSUANT TO SECTION 177.081, FLORIDA STATUTES, I HAVE REVIEWED THIS PLAT FOR CONFORMITY TO CHAPTER 177, FLORIDA STATUTES, AND FIND THAT SAID PLAT COMPLIES WITH THE TECHNICAL REQUIREMENTS OF THAT CHAPTER; PROVIDED, HOWEVER, THAT MY REVIEW DOES NOT INCLUDE FIELD VERIFICATION OF ANY OF THE COORDINATES, POINTS OR MEASUREMENTS SHOWN ON THIS PLAT. _____________________ ____________ THOMAS L. MAHONY DATE FLORIDA PROFESSIONAL SURVEYOR AND MAPPER LICENSE NUMBER LS 6289 - STATE OF FLORIDA CITY OF CLEARWATER, ENGINEERING DEPARTMENT CERTIFICATE OF APPROVAL OF THE CITY COUNCEL STATE OF FLORIDA COUNTY OF PINELLAS IT IS HEREBY CERTIFIED THAT THIS PLAT HAS BEEN OFFICIALLY APPROVED FOR RECORD BY THE BOARD OF THE CITY COUNCIL OF THE CITY OF CLEARWATER, PINELLAS COUNTY, FLORIDA, THIS ____ DAY OF ______________, 2021. APPROVED BY: _________________________ CITY MANAGER __________________________ PRINTED NAME SURVEYORS CERTIFICATE: I, THE UNDERSIGNED SURVEYOR, HEREBY CERTIFY THAT THIS PLATTED SUBDIVISION IS A CORRECT REPRESENTATION OF THE LAND BEING SUBDIVIDED; THAT THIS PLAT WAS PREPARED UNDER MY DIRECTION AND SUPERVISION; THAT THIS PLAT COMPLIES WITH ALL THE SURVEY REQUIREMENTS OF CHAPTER 177, PART I, FLORIDA STATUTES, AND THE HILLSBOROUGH COUNTY LAND DEVELOPMENT CODE; AND THAT PERMANENT REFERENCE MONUMENTS (PRMS) AND LOT CORNERS WERE SET ON THE 12TH DAY OF NOVEMBER, 2019 AS SHOWN HEREON. ________________________________ PIERSON MONETTI DATE PROFESSIONAL SURVEYOR AND MAPPER NO. LS7227 CERTIFICATE OF AUTHORIZATION NO. LB8352 10901 SPUR CT, TAMPA, FL 33626 NOTICE: THIS PLAT, AS RECORDED IN ITS GRAPHIC FORM, IS THE OFFICIAL DEPICTION OF THE SUBDIVIDED LANDS DESCRIBED HEREIN AND WILL IN NO CIRCUMSTANCES BE SUPPLANTED IN AUTHORITY BY ANY OTHER GRAPHIC OR DIGITAL FORM OF THE PLAT. THERE MAY BE ADDITIONAL RESTRICTIONS THAT ARE NOT RECORDED ON THIS PLAT THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. DEDICATION: THE UNDERSIGNED HEREBY CERTIFIES THAT IT IS THE OWNER OF THE ABOVE DESCRIBED TRACT OF LAND HEREBY PLATTED AS AVENTON CLEARWATER, THAT IT GRANTS TO THE CITY OF CLEARWATER, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, THE RIGHT TO USE ALL UTILITY AND DRAINAGE EASEMENTS AS SHOWN. ANY MAINTENANCE, REPAIR, OR REPLACEMENT RESPONSIBILITY RELATING TO PIPES, STRUCTURES, RETAINING WALLS, AESTHETIC AND VEGETATION CONSIDERATIONS, IN AND UPON DRAINAGE EASEMENTS ARE A PRIVATE FUNCTION NEITHER ASSIGNED NOR ACCEPTED BY THE CITY OF CLEARWATER. AND FURTHER DEDICATES A TEN (10) FOOT WATER MAIN EASEMENT LYING FIVE (5) FEET ON EACH SIDE OF WATER MAINS, AS THEY ARE LOCATED FROM TIME TO TIME, UP TO AND INCLUDING ALL HYDRANTS AND METERS, EXCEPT WHERE SUCH MAINS AND RELATED WATER FACILITIES MAY LIE UNDER STRUCTURES. [THIS IS A NON-PLOTTABLE, "BLANKET TYPE" EASEMENT THAT AFFECTS THE ENTIRE SUBJECT PROPERTY]. AND FURTHER DEDICATES AN INGRESS AND EGRESS EASEMENT FOR FIRE AND EMERGENCY VEHICLES, PUBLIC OFFICIALS, UTILITY COMPANIES, AND THE CITY OF CLEARWATER, FOR SANITATION SERVICES AND UTILITY MAINTENANCE OVER AND ACROSS ALL PAVED SURFACES, LOCATED ON THE LANDS DESCRIBED HEREON. NOTES: 1. BEARINGS SHOWN HEREON ARE BASED ON THE EAST RIGHT-OF-WAY LINE OF US HIGHWAY 19 HAVING A GRID BEARING OF N.01°02'28"E. THE GRID BEARINGS AS SHOWN HEREON REFER TO THE STATE PLANE COORDINATE SYSTEM, NORTH AMERICA HORIZONTAL DATUM OF 1983 (NAD 83-1990 ADJUSTMENT) FOR THE WEST ZONE OF FLORIDA. 2.SUBDIVISION PLATS BY NO MEANS REPRESENT A DETERMINATION ON WHETHER PROPERTIES WILL OR WILL NOT FLOOD. LAND WITHIN THE BOUNDARIES OF THIS PLAT MAY OR MAY NOT BE SUBJECT TO FLOODING; THE DEVELOPMENT REVIEW DIVISION HAS INFORMATION REGARDING FLOODING AND RESTRICTIONS ON DEVELOPMENT. 3.THERE MAY BE ADDITIONAL EASEMENTS AND/OR RESTRICTIONS AFFECTING THIS PROPERTY THAT MAY OR MAY NOT BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY 4. PROPERTY IS SUBJECT TO AND BENEFITS FROM THE FOLLOWING: 1) EASEMENT GRANTED TO FLORIDA POWER CORPORATION, RECORDED IN OFFICIAL RECORDS BOOK 6553, PAGE 204, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. PLOTTED HEREON SHEET 1 OF 2 SHEETS PLAT BOOK PAGE LYING IN SECTION 5, TOWNSHIP 29 SOUTH, RANGE 16 EAST, CITY OF CLEARWATER, PINELLAS COUNTY, FLORIDA AVENTON CLEARWATER DESCRIPTION: A parcel of land lying in the Northwest 1/4 of Section 5, Township 29 South, Range 16 East, Pinellas County, Florida, being more particularly described as follows: COMMENCE at the Northwest corner of said Northwest 1/4 of Section 5, run thence along the West boundary of said Northwest 1/4 of Section 5, S.01°02'46" W., a distance of 525.73 feet; thence S.89°46'06" E., a distance of 99.81 feet to point on the East right-of-way line of US HIGHWAY 19, said point also being to the POINT OF BEGINNING; continue thence S.89°46'06" E., a distance of 1237.71 feet to a point on the East boundary of the West 1/2 of aforesaid Northwest 1/4 of Section 5; thence along said East boundary, S.00°40'54" W., a distance 974.07 feet; thence N. 89°44'09" W., a distance of 1243.81 feet to a point on aforesaid East right-of-way line of US HIGHWAY 19; thence along said East right-of-way line, N. 01°02'28" E., a distance of 165.02 feet to a point on the South boundary of the Northwest 1/4 of aforesaid Northwest 1/4 of Section 5; thence along said South boundary, S.89°44'09" E., a distance of 214.01 feet; thence N. 00°29'32" E., a distance of 35.01 feet; thence N. 89°43'19" W., a distance of 73.63 feet; thence N. 01°01'17" E., a distance of 336.94 feet; thence S.89°43'19" E., a distance of 21.77 feet; thence N. 01°21'11" E., a distance of 24.48 feet; thence 9.81 feet along the arc of a non-tangent curve to the left, having a central angle of 86°55'51", with a radius of 6.47 feet, having a chord bearing of N. 46°05'36" W. and a chord distance of 8.90 feet; thence N. 89°43'19" W., a distance of 56.29 feet; thence 111.09 feet along the arc of a non-tangent curve to the right, having a central angle of 89°43'28", with a radius of 70.94 feet, having a chord bearing of N. 44°07'48" W. and a chord distance of 100.08 feet; thence N. 01°18'06" E., a distance of 76.07 feet; thence 44.14 feet along the arc of a non-tangent curve to the left, having a central angle of 91°29'52", with a radius of 27.64 feet, having a chord bearing of N. 44°43'48" W. and a chord distance of 39.60 feet to a point on aforesaid East right-of-way line of US HIGHWAY 19; thence along said East right-of-way line, N. 01°02'28" E., a distance of 230.23 feet to the POINT OF BEGINNING. Containing 26.231 acres, more or less. OWNER: SOUTHERN COMFORT PARK, INC., A FLORIDA CORPORATION BY:__________________________ WITNESS___________________________ PRINT NAME__________________________ WITNESS___________________________ PRINT NAME__________________________ ACKNOWLEDGEMENT OF OWNER: STATE OF FLORIDA COUNTY OF PINELLAS I HEREBY CERTIFY ON THIS _____ DAY OF _________________, 2021, A.D., BEFORE ME PERSONALLY APPEARED ___________________, AS PRESIDENT OF ---------------------, TO ME KNOWN TO BE THE PERSON DESCRIBED IN AND WHO EXECUTED THE FOREGOING CERTIFICATE AND DEDICATION AND SEVERALLY ACKNOWLEDGED THE EXECUTION THEREOF TO BE THEIR FREE ACT AND DEED FOR THE USES AND PURPOSES THEREIN EXPRESSED: _________________________________ SIGNATURE _________________________________ PRINTED NAME _________________________________ TITLE _________________________________ SERIAL NUMBER, IF APPLICABLE NOTICE: NO PERMANENT PRIVATE STRUCTURES INCLUDING MASONRY OR CONCRETE BLOCK FENCES ARE TO BE LOCATED WITHIN EASEMENTS. UTILITY EASEMENTS SHALL ALSO BE EASEMENTS FOR THE CONSTRUCTION, INSTALLATION, MAINTENANCE, AND OPERATION OF ABLE TELEVISION SERVICES; PROVIDED, HOWEVER, NO SUCH CONSTRUCTION, INSTALLATION, MAINTENANCE, AND OPERATION OF CABLE TELEVISION SERVICES SHALL INTERFERE WITH THE FACILITIES AND SERVICES OF AN ELECTRIC, TELEPHONE, GAS, OR OTHER PUBLIC UTILITY. IN THE EVENT A CABLE TELEVISION PROVIDER DAMAGES THE FACILITIES OF A PUBLIC UTILITY, IT SHALL BE SOLELY RESPONSIBLE FOR THE DAMAGES. UNPLATTEDU.S. HIGHWAY 19RIGHT-OF-WAY WIDTH VARIESEAST RIGHT-OF-WAY LINE(BASIS OF BEARINGS)SW CORNER OF THE NW 1/4 OF SECTION 5-29S-16E CCR#106335 POINT OF COMMENCEMENT NW CORNER OF THE NW 1/4 OF SECTION 5-29S-16E CCR#109544 UNPLATTED UNPLATTED UNPLATTED UNPLATTEDUNPLATTED PARKSIDE OFFICE PARK LAND CONDOMINIUM (CONDOMINIUM BOOK 147, PAGE 76) THE ELKS (PLAT BOOK 95, PAGE 90)S01°02'46"W 2668.17'S01°02'46"W 525.73'S89°46'06"E 99.81' 6 ( 1 : 1 ( 6 ( L1L21 ( L3L4 C 1L5 C 2L6C 31 ( 132.17'98.06'79.00'86.02'350.01'646.86' L7 L8N90°00'00"E 331.57'S00°00'00"E 327.37'N90°00'00"W 214.40' L9 L10N90°00'00"E 296.99'L 1 1 S00°00'00"E 104.16'POINT OF BEGINNING WEST BOUNDARY OF THENW 1/4 OF SECTION 5-29S-16EEAST BOUNDARY OF THEWEST 1/2 OF THE NW 1/4OF SECTION 5-29S-16E6 : SOUTH BOUNDARY OF THE NW 1/4 OF THE NW 1/4 OF SECTION 5-29S-16E LOT 1 2.580 ACRES ± LOT 2 22.762 ACRES ± LOT 3 0.889 ACRES ± WETLAND LINE PUBLIC STATE WATERS EASEMENT & WETLAND CONSERVATION AREA 1.312 ACRES ± PUBLIC STATE WATERS EASEMENT & WETLAND CONSERVATION AREA 0.889 ACRES ± 226.62'211.91'13.36'748.80'197.17'981.59' L24 L25L26L27L28L29L30L31 L32 L 3 3L34L35L36L37L 3 8 WETLAND LINE L12 L13L1 4L15 L16 L17L18L19 L20 L21 L22 L23 10' FLORIDA POWER EASEMENT (O.R. 6553, PAGE 204) 58.95' 20.32' WETLAND SETBACK LINE WETLAND SETBACK LINE WETLAND BUFFER WETLAND BUFFER L39L40 L41L4 2L43L44 L45L46 L47 L48L49L50 C4 C5 C6L51L52L53L54L55L56L57L58L59L60L 61 L 6 2L63L64L65L66L67L68 CURVE TABLE CURVE # C1 C2 C3 C4 LENGTH 9.81' 111.09' 44.14' 30.18' RADIUS 6.47' 70.94' 27.64' 46.74' DELTA 086°55'51" 089°43'28" 091°29'52" 036°59'51" CHORD DIRECTION N46°05'36"W N44°07'48"W N44°43'48"W N69°54'58"E CHORD LENGTH 8.90' 100.08' 39.60' 29.66' LINE TABLE LINE # L1 L2 L3 L4 L5 L6 L7 L8 L9 L10 L11 L12 L13 L14 L15 L16 L17 L18 L19 L20 L21 L22 L23 L24 L25 L26 L27 L28 L29 L30 L31 L32 L33 L34 LENGTH 35.01' 73.63' 21.77' 24.48' 56.29' 76.07' 33.16' 53.03' 40.46' 27.49' 15.56' 35.99' 79.98' 17.94' 167.91' 44.37' 31.48' 65.94' 15.10' 34.72' 30.46' 35.03' 51.45' 32.51' 48.63' 71.81' 52.17' 28.19' 56.36' 140.94' 84.88' 41.80' 63.11' 60.25' DIRECTION N00°29'32"E N89°43'19"W S89°43'19"E N01°21'11"E N89°43'19"W N01°18'06"E N90°00'00"E N00°00'00"E N90°00'00"E N00°00'00"E S45°00'00"E N57°52'16"E N09°47'48"E N51°16'59"W N00°00'00"E S80°34'00"E S05°17'57"E S09°58'53"E S22°49'41"E S85°45'36"E N82°36'22"E N60°37'01"E N50°32'57"E N29°29'41"W N01°18'20"W N13°00'45"W N07°33'43"W N16°53'02"E N09°57'45"E N02°24'56"W N31°41'47"W N58°46'17"W N45°09'45"W N13°33'13"W LINE TABLE LINE # L35 L36 L37 L38 L39 L40 L41 L42 L43 L44 L45 L46 L47 L48 L49 L50 L51 L52 L53 L54 L55 L56 L57 L58 L59 L60 L61 L62 L63 L64 L65 L66 L67 L68 LENGTH 43.58' 51.35' 25.78' 14.41' 25.98' 20.38' 62.71' 16.11' 195.17' 16.36' 22.46' 1.66' 42.07' 5.24' 13.24' 6.75' 9.14' 13.93' 52.94' 44.52' 8.34' 64.05' 108.06' 21.07' 33.35' 10.02' 70.56' 54.09' 67.28' 34.35' 43.69' 24.12' 33.44' 39.79' DIRECTION N02°13'49"E N08°04'04"W N14°36'00"W N38°04'37"W N45°00'00"E N57°52'30"E N09°47'48"E N51°16'59"W N00°00'00"E N86°53'18"E S89°07'45"E N86°39'46"E N89°53'44"E N81°38'47"E N85°53'52"E N88°36'45"E N00°08'04"E N06°31'31"E N00°15'49"W N07°40'59"W N14°22'13"W N24°41'21"E N02°24'56"W N31°41'47"W N71°32'39"W N27°41'31"W N32°35'08"W N45°09'45"W N13°33'13"W N02°13'49"E N18°36'03"W N45°00'00"W N90°00'00"W N00°00'00"E PLAT BOOK PAGE 0Scale: 1" = 80'80'160'701 S. Howard Avenue, Suite 106-320 Tampa, FL 33606 813-515-0821 MRICSpatial.com Licensed Business #8325 SHEET 2 OF 2 SHEETS LYING IN SECTION 5, TOWNSHIP 29 SOUTH, RANGE 16 EAST, CITY OF CLEARWATER, PINELLAS COUNTY, FLORIDA AVENTON CLEARWATER Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9075 Agenda Date: 5/3/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 5.6 SUBJECT/RECOMMENDATION: Approve an Engineer of Record (EOR) Work Order to Metzger and Willard, Inc., of Tampa, Florida, in the amount of $256,542.00 for Local Limits and WRF Permit Renewals (21-0007-UT) and authorize the appropriate officials to execute same. (consent) SUMMARY: Metzger + Willard, Inc. (MWI), will assist the city with renewing the Florida Department of Environmental Protection (FDEP) operating permits for the Northeast Water Reclamation Facility (WRF), East WRF and Marshall Street WRF. The operating permits must be renewed every five years. MWI will also assist the City with re-evaluation of the local limits for the City’s Industrial Pretreatment Program. The local limits must be evaluated concurrent with the WRF permit renewal cycles required by FDEP. APPROPRIATION CODE AND AMOUNT: 4211354-530100 $ 43,686.50 4211355-530100 $ 43,686.50 4211356-530100 $ 39,451.50 4211353-530100 $129,717.50 Funds are available in Public Utilities cost centers 530100 Professional Services to fund the work order. Page 1 City of Clearwater Printed on 4/30/2021 Metzger + Willard, Inc. City of Clearwater Consultant Work Order Page 1 of 14 Revised: 2/8/2021 CONSULTANT WORK ORDER Date: 04/02/2021 1. PROJECT INFORMATION: Project Title: WRF Permits and Local Limits Renewals City Project Number: 21-0007-UT City Plan Set Number: N/A Consultant Project Number: 22610.21 2. SCOPE OF SERVICES: Metzger + Willard, Inc. (MWI), will aid the City of Clearwater with the renewal of the following operating permits for the following Water Reclamation Facilities (WRF): FACILITY PERMIT NUMBER EXPIRATION DATE Northeast WRF FL0128937 July 1, 2022 East WRF FL0021865 June 21, 2022 Marshall Street WRF FL0021857 February 1, 2022 Note: The reclaimed water system is permitted under FL0186261, the Master Reuse System Permit and will not be re-permitted as a part of this Work Order. MWI will also aid the City of Clearwater with the re-evaluation of the Local Limits for the City’s Industrial Pretreatment Program. PART A. HEALTH & SAFETY PLAN MWI will prepare and submit a Health & Safety Plan, which may include at a minimum the following: a. Project Team Organization and Responsibilities with contact information b. Hazards Analysis 1. General 2. Chemical Exposure Hazards CONSULTANT WORK ORDER WATER RECLAMATION FACILITIES FDEP PERMIT RENEWAL ASSISTANCE Metzger + Willard, Inc. City of Clearwater Consultant Work Order Page 2 of 14 Revised: 2/8/2021 3. Physical Hazards - Temperature; noise; air pollution; slips, trips, and falls; fire and explosions; confined space; working near equipment; electricity; utilities; and vehicular traffic 4. Biological Hazards - Animals and insects c. Task Hazard Analysis d. Emergency Response Plan Locations of emergency facilities Routes to emergency facilities e. Record Keeping Requirements f. The plan is for use by Metzger + Willard, Inc., employees and any subconsultants on the contract. TASK A.1. Prepare and submit the Health & Safety Plan to the City. PART B. WRF PERMIT REWEWALS MWI proposes to prepare three complete FDEP Permit renewal applications, including all required supporting documentation for the City’s Northeast WRF, Marshall Street WRF, and the East WRF in accordance with FDEP Rules 62-600, 62- 610, 62-620 FAC, and all other applicable FDEP and USEPA requirements. In addition, MWI will assist as required to prepare a response to FDEP Requests for Additional Information that may be issued by the FDEP during their processing and review of the permit renewal applications and supporting documents and as described herein. Project Deliverables are as described in Paragraph 3 – Project Goals of this Work Order Initiation Form. The Permit Renewal Documents shall include, but not be limited to, the following: A. Updated Capacity Analysis Report MWI proposes to prepare an Updated Capacity Analysis Reports (UCAR) for each of the WRFs, in accordance with FDEP Rules 62-600, 62-610, 62-620, 62- 640 FAC, and all other applicable FDEP and USEPA requirements. The UCARs will be prepared based on the existing and projected (minimum 10 years) service area population and the highest annual flows projected over the next permit life of five years, in accordance with 62-600.405(3), FAC. Growth and projected flows will be obtained from the City, based upon planning projections, collection system master planning efforts, and outstanding developer agreements. To prepare the UCARs, MWI will obtain and summarize the last ten years of flow data from the WRFs, as well as total wastewater influent, reclaimed water use, and surface water effluent discharge. This data will be presented in tabulated and graphical formats in the report. It is anticipated that the previous CARs will be updated and that new CARs will not be developed. CONSULTANT WORK ORDER WATER RECLAMATION FACILITIES FDEP PERMIT RENEWAL ASSISTANCE Metzger + Willard, Inc. City of Clearwater Consultant Work Order Page 3 of 14 Revised: 2/8/2021 TASK B.1. Prepare and submit Updated Capacity Analysis Report for review by the City. B. Operations, Maintenance, and Performance Report MWI will prepare O&M Performance Reports (OMPR) for the WRFs (three separate documents) in accordance with 62-600.735 FAC and all other applicable FDEP and USEPA requirements. MWI will conduct field inspections of the WRFs, interview staff, and obtain information from the City regarding how the WRFs are managed and operated. MWI will summarize the information for the last ten years of operating data in tabular and graphical formats and provide a facility inspection summary of each of the WRFs. Results of analyses will be graphed to identify trends in influent and effluent parameters. A conditional assessment of equipment will be performed and summarized. Existing Operating Protocols for Reclaimed Water will be reviewed and updated, if necessary, as a part of the OMPR preparation. TASK B.2. Prepare and submit Updated OMPR for review by the City. C. Treatment Facility Biosolids Plan MWI will prepare and submit the Treatment Facility Biosolids Plans (Form 62- 640.210(2)(a)), in accordance with 62-640.300(2) FAC for each of the facilities. The Plans will summarize data from the previous five years of treatment facility operations and shall include the following, where applicable: Quantity, quality of biosolids transferred to a disposal site; and, name, contact information, address, permit information of the disposal site. An Agricultural Use Plan for the application sites will not be provided, as they are the responsibility of the application site manager/owner. TASK B.3. Prepare and submit Biosolids Plan for review by the City. D. FDEP Permit Application Forms 1 and 2A MWI will complete for each WRF the FDEP forms: Wastewater Facility or Activity Permit Application Form 1 General Information (FDEP Form 62- 620.910(1)) and Wastewater Permit Application Form 2A for Domestic Wastewater Facilities (FDEP Form 62-620.910(2)). For Form 2A, Section 4 – Scheduled Improvements and Schedules of Implementation, MWI will summarize anticipated minor improvements based on information provided by the City’s staff and incorporate those projects and estimated completion dates as agreed by the City. By incorporating planned minor improvements within the new permit, the City will not be required to permit individual projects that are described within the permit. CONSULTANT WORK ORDER WATER RECLAMATION FACILITIES FDEP PERMIT RENEWAL ASSISTANCE Metzger + Willard, Inc. City of Clearwater Consultant Work Order Page 4 of 14 Revised: 2/8/2021 For Form 2A, Section 8 – Documentation Submitted, MWI will prepare documentation listed within Tables 1 and 3, as appropriate and required by FDEP to deem the Application complete. TASK B.4. Prepare and submit Forms 1 and 2A for review by the City. E. Application Review and Submittal MWI will attend a workshop for each application (three maximum) with the City to discuss comments from the City on the draft application documents prior to submittal to FDEP. Comments will be addressed within the final application submitted to FDEP. TASK B.5. Attend Workshop, address comments, and submit application to FDEP. F. Request for Additional Information Response MWI will assist the City in responding to a maximum of four (4) Requests for Additional Information received from the FDEP for each operating permit renewal application. TASK B.6. Review RAIs from FDEP, draft response for review by the City, address comments, and submit final to FDEP. G. Draft Permit Review and Documentation MWI will review the draft permits as issued by FDEP for each facility and submit recommendations in writing to the City. MWI will draft for City signature a letter to FDEP summarizing changes for consideration in the final permit, if necessary. TASK B.7. Review draft permit from FDEP, prepare comments and submit to the City. Draft letter to FDEP as required. PART C. LOCAL LIMITS RE-EVALUATION MWI proposes to prepare the Local Limits Re-evaluation report for submittal to FDEP, which will include recommendations for modifications to local limits if demonstrated during the study phase to be necessary. The City functions as the Control Authority over Industrial Pretreatment and has the authority to implement and enforce its Approved Pretreatment Program. FDEP may initiate enforcement action against an industrial user for noncompliance with applicable standards of the program. The City, as Control Authority, submits to the FDEP an annual report which includes a summary of the program for the year, results of sampling, and enforcement CONSULTANT WORK ORDER WATER RECLAMATION FACILITIES FDEP PERMIT RENEWAL ASSISTANCE Metzger + Willard, Inc. City of Clearwater Consultant Work Order Page 5 of 14 Revised: 2/8/2021 activities for each of the three WRFs. The Scope for the re-evaluation will include the following: A. Preparation of the Updated Plan of Study The updated Plan of Study will be based upon the previously submitted Plan of Study (POS) and will include the identification of sample points, number of samples, pollutants of concern for sampling, and methods of analysis. It is anticipated that the number and locations of sampling will be the same as previously sampled. The methods of analysis and pollutant of concern list will be updated based upon the most recently adopted FAC 62-625.500. The POS will include modifications for any significant industrial users that may have connected to the system since the previously submitted POS. A draft POS will be submitted to the City for review and comment. Following inclusion of City comments, the Draft POS will be submitted to FDEP for acceptance. TASK C.1. Prepare and submit the draft Plan of Study to the City for review. Incorporate comments and submit the final draft to FDEP. B. Sampling and Analysis Upon acceptance of the POS by the FDEP, sampling and analysis will be performed as described within the POS. Based upon the previous POS, the following locations will be the sample points (or as directed by the City): NORTHEAST WRF (FL0128937) Collection System Location 1 – Landmark – MH 222B-5050 Collection System Location 2 – Safety Harbor – Baytowne East LS Influent – Headworks – PRT-I Effluent – Reclaimed Water – PRT-E Biosolids – Belt Filter Press Discharge – PRT-R EAST WRF (FL0021865) Collection System – Oakgrove Middle School – MH 308B-8110 Influent – Headworks – PRT-I Effluent – Reclaimed Water – PRT-E Biosolids – Thickened Sludge Holding Tank – PRT-R MARSHALL STREET WRF (FL0021857) Collection System – Edgewater Drive – MH 251A-2050 Influent – Headworks – PRT-I Effluent – Surface Water Discharge – PRT-E Biosolids – Centrifuge / Belt Filter Press – PRT-R CONSULTANT WORK ORDER WATER RECLAMATION FACILITIES FDEP PERMIT RENEWAL ASSISTANCE Metzger + Willard, Inc. City of Clearwater Consultant Work Order Page 6 of 14 Revised: 2/8/2021 The following pollutants of concern (POC) have been identified for sampling and evaluating: The City of Clearwater shall take the samples, package in accordance with standards for the industry and deliver to the laboratory in Oldsmar FL. For the aqueous samples – the influent, effluent, and collection system samples – five consecutive days will be provided at each sample location. To obtain the WRF pass-through results, effluent samples will lag 24 hours from the influent sample. Most of the aqueous samples will be composite samples obtained 1,4-Dichlorobenzene Mercury Ammonia Nitrogen Methyl-t-butyl ether Antimony Molybdenum Arsenic Nickel Bromide Nitrate + Nitrite N Bromodichloromethane Organic Nitrogen Bromoform Selenium Cadmium Silver Carbonacious BOD5 Sodium COD Tin Chloride Total Dissolved Solids Chloroform Total Kjeldahl Nitrogen Chromium Total Nitrogen Copper Total Organic Carbon Cyanide, Total Total Phosphorus as P Dibromochloromethane Total Suspended Solids D-Limonene Total Trihalomethanes Iron Zinc Lead pH Manganese POLLUTANTS OF CONCERN - AQUEOUS 1-4, Dichlorobenzene Dibromochloromethane Ammonia Nitrogen Lead Antimony Mercury Arsenic Molybdenum Bromodichloromethane Nickel Bromoform Selenium Cadmium Silver Chloroform Zinc Chromium Total Solids Copper pH POLLUTANTS OF CONCERN - BIOSOLIDS CONSULTANT WORK ORDER WATER RECLAMATION FACILITIES FDEP PERMIT RENEWAL ASSISTANCE Metzger + Willard, Inc. City of Clearwater Consultant Work Order Page 7 of 14 Revised: 2/8/2021 from the City’s automatic samplers. The remainder will be grab samples. For biosolids samples, grab samples will be taken each day for evaluation. Pace Analytical Laboratories, Inc. (PACE), a NELAP-certified laboratory, shall perform the analyses, and summarize the results for each parameter. A Laboratory Allowance has been included to provide for reimbursement to MWI for the laboratory analyses. Copies of receipts will be included in the monthly invoicing. TASK C.2. Coordinate sampling efforts to be performed by the City. Review sampling results as provided by the laboratory. Verify the City is provided access to the laboratory results portal to receive access to the results. C. Annual Testing for 2021 IPP Report Provide sampling and analysis for the annual report of Industrial Pretreatment as required by FDEP. For the first day of the sampling (only) under Part C, Paragraph B, for aqueous samples, the sampling will be expanded to include these parameters. The remainder of the parameters are covered in this Task and include the following: Priority Pollutant Volatile Compounds Priority Pollutant Pesticide Compounds Priority Pollutant Semi-Volatile Compounds Hexane Extractable Materials Phenolics Beryllium Thallium Sample locations include the headworks (composite) for each of the facilities, the effluent (composite) for each of the facilities for a total of 6 samples. Equipment blanks will be taken and used to compare the results. A Laboratory Allowance has been included for reimbursement to MWI for the laboratory analyses. Copies of receipts will be included in the monthly invoicing. TASK C.3. Coordinate sampling efforts by the City for the 2021 IPP Annual Report results. Review sampling results as provided by the laboratory. CONSULTANT WORK ORDER WATER RECLAMATION FACILITIES FDEP PERMIT RENEWAL ASSISTANCE Metzger + Willard, Inc. City of Clearwater Consultant Work Order Page 8 of 14 Revised: 2/8/2021 D. Local Limits Recommendations Upon completion of the chemical analysis, MWI will be responsible for the evaluation of the Local Limits using analysis program developed by FDEP – Local Limits Information Development System (LLIDS), which is obtained from the FDEP website. A draft report of the results and recommendations will be prepared and submitted to the City for review and comment. It is anticipated that the report will be an updated report to the previously prepared local discharge limit report. A workshop will be held to discuss the City’s comments and how best to include them within the final report that will be submitted to FDEP. The final report will be submitted to FDEP, which will include the City’s comments as previously described. TASK C.4. Evaluate local limits using the LLIDS program and prepare draft report for review and comment. Prepare final report for submittal to FDEP. Identify parameters, where applicable, for modification in the City’s Pretreatment Ordinance. E. Respond to Requests for Additional Information from FDEP After submittal of the Local Limit Development Report to FDEP, it is anticipated that FDEP may request additional information. The FDEP Requests for Additional Information will be responded to as a part of this Task (Maximum of 4 RAIs). The report will be updated to include FDEP comments if necessary. TASK C.5. Review RAIs from FDEP, draft response for review by the City, address comments, and submit final to FDEP. 3. PROJECT GOALS: We understand that the City’s goals for this project are the following for each WRF: • Complete the required permit application and supporting documentation, and to provide the information to FDEP a minimum of six months (180 calendar days) prior to the expiration date of the existing permit. CONSULTANT WORK ORDER WATER RECLAMATION FACILITIES FDEP PERMIT RENEWAL ASSISTANCE Metzger + Willard, Inc. City of Clearwater Consultant Work Order Page 9 of 14 Revised: 2/8/2021 • Receive renewed FDEP permits for the City’s Water Reclamation Facilities, prior to the expiration of the existing permits. • Complete the Local Limits evaluation as a part of the Pretreatment requirements. Provide recommendations for modifications to the Pretreatment Ordinance, as required. Project Deliverables Document Request. MWI will prepare a formal document request for the material that will be required for the completion of this Work Order. Part A. Project deliverables will include one electronic copy of the Metzger + Willard, Inc., project specific Health and Safety Plan. Part B. Project deliverables for each WRF will include the following: • One (1) electronic copy of the draft FDEP Application and all supporting documentation for review and comment by the City prior to submittal to FDEP. • Three (3) signed and sealed copies and one (1) electronic copy of the final permit renewal package (including all forms and supplemental documents) complete, reviewed for quality and completeness by the Engineer and ready for submission to FDEP. Documents will be provided within suitably sized binders. • An electronic copy of the final permit renewal package (including all forms and supplemental documents) will be filed with FDEP through their FTP site on the internet. Hard copies of signature pages will be prepared for signature by the City and included in the FDEP submittal. • One (1) electronic copy of draft responses to Requests for Information will be submitted to the City for review and concurrence prior to submittal to FDEP. • One (1) electronic copy of the application, requests for additional information and responses, draft permit and comments if provided, and the final permit. Part C. Project deliverables will include the following: • One (1) electronic copy of the draft evaluation report for review and comment. • One (1) electronic copy of the final evaluation report. • Three (3) copies of the final evaluation report within binders. • One (1) electronic copy of draft responses to Requests for Information will be submitted to the City for review and concurrence prior to submittal to FDEP. CONSULTANT WORK ORDER WATER RECLAMATION FACILITIES FDEP PERMIT RENEWAL ASSISTANCE Metzger + Willard, Inc. City of Clearwater Consultant Work Order Page 10 of 14 Revised: 2/8/2021 Project Catalog – An electronic copy will be provided of the Project Catalog for the complete Work Order, as discussed in Paragraph 11. Additional Considerations. Project Meetings Part A. No project meetings are anticipated. Part B. Meetings will include the following: Site Visits to each facility (One each) to evaluate the condition of the facility and to interview operations and maintenance personnel; and, Draft Application Review Workshop for each facility (One each). Part C. Meetings will include a workshop with the City to review the evaluation report and discuss comments. 4. FEES: This price includes all labor and expenses anticipated to be incurred by Metzger + Willard, Inc., for the completion of these tasks in accordance with Professional Services Method “A” – Hourly Rate, for a fee not to exceed Two hundred fifty-six thousand five hundred forty two and No/100 Dollars ($256,542.00). Permit application fees will be paid to FDEP by the consultant and invoiced to the City as a reimbursable. 5. SCHEDULE: The project is to be completed in sixteen (16) months from issuance of notice-to- proceed. The project deliverables are to be phased as follows: Notice to Proceed: April 12, 2021 (No later than) Part A. HASP April 16, 2021 Part B. WRF Permit Applications Marshall Street WRF Draft Application to the City July 9, 2021 Application submitted to FDEP August 5, 2021 Final Permit in Hand TBD by FDEP East WRF Draft Application to the City December 3, 2021 Application submitted to FDEP December 23, 2021 CONSULTANT WORK ORDER WATER RECLAMATION FACILITIES FDEP PERMIT RENEWAL ASSISTANCE Metzger + Willard, Inc. City of Clearwater Consultant Work Order Page 11 of 14 Revised: 2/8/2021 Final Permit in Hand TBD by FDEP Northeast WRF Draft Application to the City December 10, 2021 Application submitted to FDEP December 31, 2021 Final Permit in Hand TBD by FDEP Part C. Local Limits Re-Evaluation Plan of Study Submit Draft to City April 26, 2021 Submit POS to FDEP May 3, 2021 Sampling & Laboratory Analysis Background (Collection System) June – August 2021 Facilities September – December 2021 Draft Re-Evaluation Report March 2022 Submit Report to FDEP May 2022 Finalize Local Limits TBD by FDEP 6. STAFF ASSIGNMENT: City Staff Jason Jennings Project Manager, Wastewater Environmental Technologies Manager Richard G. Gardner, PE Assistant Director of Utilities Michael Flanigan Wastewater Environmental Technologies Assistant Manager Corey O’Neil Industrial Pretreatment Coordinator Jeremy J. Brown, PE Engineering Manager, Utilities MWI Staff Nancy Metzger, PE Principal in Charge Susan Martelli, PE MWI Project Manager Joe Martelli, PE Quality Control / Local Limits Evaluation 7. CORRESPONDENCE/REPORTING PROCEDURES: Consultant’s project correspondence shall be directed to Susan Martelli, PE, Project Manager and Joe Martelli, PE, Sr. Project Engineer. CONSULTANT WORK ORDER WATER RECLAMATION FACILITIES FDEP PERMIT RENEWAL ASSISTANCE Metzger + Willard, Inc. City of Clearwater Consultant Work Order Page 12 of 14 Revised: 2/8/2021 All City project correspondence shall be directed to Jason Jennings, Richard Gardner, Michael Flanigan, Corey O’Neil, and Jeremy Brown. 8. INVOICING/FUNDING PROCEDURES: City Invoicing Code:_ MS: 4211354-530100 $ 43,686.50 NE: 4211355-530100 $ 43,686.50 E 4211356-530100 $ 39,451.50 IPP 4211353-530100 $129,717.50 For work performed, invoices shall be submitted monthly to: Attn: Veronica Josef, Senior Staff Assistant City of Clearwater, Engineering Department 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. 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: 1. Purchase Order, Project and Invoice Numbers and Contract Amount. 2. The time period (begin and end date) covered by the invoice. 3. A short narrative summary of activities completed in the time period. 4. Contract billing method – Lump Sum or Hourly Rate. 5. 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). 6. If Hourly Rate, hours, hourly rates, names of individuals being billed, amount due, previous amount earned, the percent completion, 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). 7. If the Work Order is funded by multiple funding codes, an itemization of tasks and invoice amounts by funding code. 10. CONSIDERATIONS: Consultant acknowledges the following: 1. The Consultant named above is required to comply with Section 119.0701, Florida Statutes, where applicable. 2. All City directives shall be provided by the City Project Manager. CONSULTANT WORK ORDER WATER RECLAMATION FACILITIES FDEP PERMIT RENEWAL ASSISTANCE Metzger + Willard, Inc. City of Clearwater Consultant Work Order Page 13 of 14 Revised: 2/8/2021 3. “Alternate equals” shall not be approved until City Project Manager agrees. 4. All submittals must be accompanied by evidence each has been internally checked for QA/QC before providing to City. 5. Consultants/Contractors are not permitted to use City-owned equipment (i.e. sampling equipment, etc.). 6. Documents posted on City website must be ADA accessible. 11. ADDITIONAL CONSIDERATIONS: All work orders should include considerations for the following: 1. Sea Level Rise and Flood Resilience, as applicable. 2. Submittal of a Critical Path Method (CPM) Schedule(s). 3. 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. 4. 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. 12. SPECIAL CONSIDERATIONS: N/A CONSULTANT WORK ORDER WATER RECLAMATION FACILITIES FDEP PERMIT RENEWAL ASSISTANCE Metzger + Willard, Inc. City of Clearwater Consultant Work Order Page 14 of 14 Revised: 2/8/2021 13. SIGNATURES: PREPARED BY: APPROVED BY: Susan G. Martelli, PE Tara Kivett, PE Vice President of Engineering City Engineer Metzger + Willard, Inc. City of Clearwater April 8, 2021 Date Date CONSULTANT WORK ORDER – PROJECT FEES TABLE WATER RECLAMATION FACILITIES PERMIT RENEWAL ASSISTANCE Metzger + Willard, Inc. City of Clearwater Consultant Work Order – Project Fees Table Page 1 of 2 Revised: 2/8/2021 CONSULTANT WORK ORDER PROJECT FEES TABLE PART A. HEALTH AND SAFETY PLAN TASK DESCRIPTON MSWRF EAST WRF NEWRF LOCAL LIMIT TOTAL A.1. HASP $822.50 $822.50 $822.50 $822.50 $3,290.00 SUBTOTAL, PART A. $822.50 $822.50 $822.50 $822.50 $3,290.00 PART B. WATER RECLAMATION FACILITY PERMIT RENEWALS TASK DESCRIPTION MSWRF EAST WRF NEWRF TOTAL B.1. Update CAR $5,770.00 $5,770.00 $5,770.00 $17,310.00 B.2. Update OMPR 13,860.00 11,470.00 13,860.00 $39,190.00 B.3. Update Biosolids Plan 2,550.00 1,890.00 2,550.00 $6,990.00 B.4. Application Forms 1 and 2A 4,200.00 4,200.00 4,200.00 $12,600.00 B.5. Submit Application to FDEP 2,820.00 2,820.00 2,820.00 $8,460.00 B.6. RAIs 3,280.00 2,480.00 3,280.00 $9,040.00 B.7. Review Draft Permit 1,160.00 1,160.00 1,160.00 $3,480.00 Reimbursable – Permit Fees 5,000.00 5,000.00 5,000.00 $15,000.00 SUBTOTAL, PART B. $38,640.00 $34,790.00 $38,640.00 $112,070.00 Part B. Owner’s Contingency, 10% $3,864.00 $3,479.00 $3,864.00 $11,207.00 SUBTOTAL, PART B. $42,504.00 $38,269.00 $42,504.00 $123,277.00 PART C. LOCAL LIMITS RE-EVALUATION TASK DESCRIPTON SUBCONSULTANT SERVICES LABOR TOTAL C.1. Plan of Study 0 $1,780.00 $1,780.00 C.2. Sampling & Analysis 0 3,850.00 $3,850.00 C.3. Annual Testing 2021 IPP Report 0 1,270.00 $1,270.00 C.4. Prepare Report and submit 0 32,850.00 $32,850.00 C.5. RAIs 0 7,100.00 $7,100.00 Reimbursable – Laboratory Allowance $70,000.00 SUBTOTAL, PART C. $0.00 $46,850.00 $116,850.00 Part C Owner’s Contingency, 10% $11,685.00 SUBTOTAL, PART C. $128,535.00 CONSULTANT WORK ORDER – PROJECT FEES TABLE WATER RECLAMATION FACILITIES PERMIT RENEWAL ASSISTANCE Metzger + Willard, Inc. City of Clearwater Consultant Work Order – Project Fees Table Page 2 of 2 Revised: 2/8/2021 PROJECT CATALOG TASK DESCRIPTON MSWRF EAST WRF NEWRF LOCAL LIMIT TOTAL 11.3. Prepare Project Catalog $360.00 $360.00 $360.00 $360.00 $1,440.00 SUBTOTAL, PROJECT CATALOG $360.00 $360.00 $360.00 $360.00 $1,440.00 GRAND TOTAL $256,542.00 # # #C.S.X. RAILROADUS Hwy 19 NDREW ST DRUID RD SR 580 BELLEAIR RD SUNSET POINT RD N BELCHER RD N McMULLEN BOOTH RD GULF-TO-BAY BLVD UNION ST LAKEVIEW RD NURSERY RD CLEVELAND ST N KEENE RD N BETTY LN GULF BLVD COURT ST N HERCULES AVE SR 590 COURTNEY C AMPBELL CSWY S MISSOURI AVE N HIGHLAND AVE KINGS HWY S BELCHER RD MEMORIAL CSWY N MYRTLE AVE N OLD COACHMAN RDDOUGLAS AVE PALMETTO ST BAYSI DE BRG VIRGINIA AVE SUNSET DR UNION ST Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Documents\GIS\Engineering\Location Maps\21-0007-UT\21-0007-UTWRF_Permit.mxd #Water Reclamation Facilities (WRF)Area not in Clearwater Jurisdiction Clearwater Service Area WRF Permit Renewals and Local Limits EvaluationProject Number: 21-0007-UT LOCATION MAP Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Page 1 of 1 Date:4/9/2021² N.T.S.Scale: WRF-NE Plant WRF-East Plant WRF-Marshall St Plant WDMap Gen By: JBReviewed By: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9085 Agenda Date: 5/3/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 5.7 SUBJECT/RECOMMENDATION: Award a construction contract to Kat Construction and Materials, Inc., of Port Richey, Florida, per Invitation to Bid (ITB) 18-0058-UT for Rehabilitation of Lift Stations 54 and 65, in the amount of $1,081,520.00; approve Engineer of Record (EOR) Supplemental One Work Order to Metzger and Willard, Inc. in the amount of $78,139.19, increasing the work order from $262,020.00 to $340,159.19, and authorize the appropriate officials to execute same. (consent) SUMMARY: Lift stations 54 and 65 have corrosion on interior and exterior discharge piping and pumps, interior concrete walls require repair and outdated control panels need replacement. February 24, 2021, Engineering issued ITB 18-0058-UT for Rehab of LS-54 & 65. Six bids were received and Kat Construction & Materials, Inc. of Port Richey, Florida, was the lowest responsible bidder in accordance with plans and specifications. EOR Metzger + Willard evaluated the bids and recommends awarding the contract to Kat Construction. September 5, 2019, City Council approved the initial work order to Metzger + Willard to design and permit the rehabilitation of both lift stations, in addition to developing lift station design standards, in the amount of $262,020.00. This Supplemental 1 Work Order is for Construction Engineering and Inspection Services for a new work order value of $340,159.19. Construction is anticipated to be completed within 180 calendar days from issuance of Notice to Proceed. The City of Clearwater Public Utilities Department is responsible for owning, operating, and maintaining the sanitary sewer lift stations. APPROPRIATION CODE AND AMOUNT: 3217321-546700-96686 $1,081,520.00 3217321-530100-96686 $ 78,139.19 Funding is available in Capital Improvement Project 96686, Pump Station Replacement, to fund the contract and work order. Page 1 City of Clearwater Printed on 4/30/2021 DBE NO DBE NO DBE YES DBE NO DBE NO DBE NO BID ITEMS UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 Mobilization LS 54 LS 1 60,000.00$ 60,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 65,000.00$ 65,000.00$ 15,000.00$ 15,000.00$ 42,500.00$ 42,500.00$ 2 LS-54 Rehabilitation LS 1 474,000.00$ 474,000.00$ 455,000.00$ 455,000.00$ 390,000.00$ 390,000.00$ 370,000.00$ 370,000.00$ 358,873.00$ 358,873.00$ 354,800.00$ 354,800.00$ 3 LS-54 Bypass pumping and piping, critically silenced WK 8 3,500.00$ 28,000.00$ 2,500.00$ 20,000.00$ 3,700.00$ 29,600.00$ 5,375.00$ 43,000.00$ 2,792.00$ 22,336.00$ 1,820.00$ 14,560.00$ 4 Mobilization LS-65 LS 1 60,000.00$ 60,000.00$ 30,000.00$ 30,000.00$ 26,000.00$ 26,000.00$ 65,000.00$ 65,000.00$ 15,000.00$ 15,000.00$ 45,300.00$ 45,300.00$ 5 LS-65 Rehabilitation LS 1 705,400.00$ 705,400.00$ 690,000.00$ 690,000.00$ 488,000.00$ 488,000.00$ 613,000.00$ 613,000.00$ 577,346.00$ 577,346.00$ 540,000.00$ 540,000.00$ 6 LS-65 Bypass pumping and piping, critically silenced WK 8 4,200.00$ 33,600.00$ 3,000.00$ 24,000.00$ 3,700.00$ 29,600.00$ 5,375.00$ 43,000.00$ 2,818.00$ 22,544.00$ 2,100.00$ 16,800.00$ SUBTOTAL 1,361,000.00$ 1,239,000.00$ 983,200.00$ 1,199,000.00$ 1,011,099.00$ 1,013,960.00$ 41 10% CONTINGENCY LS 1 136,100.00$ 136,100.00$ 123,900.00$ 123,900.00$ 98,320.00$ 98,320.00$ 119,900.00$ 119,900.00$ 101,109.90$ 101,109.90$ 101,396.00$ 101,396.00$ TOTAL CONTRACT 1,497,100.00$ 1,362,900.00$ 1,081,520.00$ 1,318,900.00$ 1,112,208.90$ 1,115,356.00$ DBE DISADVANTAGED BUSINESS ENTERPRISE Bid Tabulations are not public until 30 days after bid opening or upon award by City Council, whichever occurs first. RE: RTD Construction, Inc. total. Items highlighted in light yellow are corrected calculations. The submitted total was $1,112,209.00. The adjusted total is $1,112,208.90. The difference is ten cents. TLC Diversified 2719 17th St. East Palmetto, FL 34221 Rehab of LS 54 & LS 65 18-0058-UT BID OPENING - April 2, 2021 AWARD - May 6, 2021 Kat Construction & Materials, Inc. 6541 Industrial Ave. Port Richey, FL 34668 RTD Construction, Inc. 83038 North Avenue Zephyrhills, FL 33542 PCL Construction, Inc. 1 North Dale Mabry, Suite 300 Tampa, FL 33609 Douglas N. Higgins 3390 Travis Pointe Road, Suite A Ann Arbor, Michigan 48108 Hinterland Group, Inc. 2051 W. Blue Heron Blvd. Riviera Beach, FL 33404 Work Order Initiation Form Page 1 of 7 Revised: 10/23/2020 SUPPLEMENTAL #1 WORK ORDER for the CITY OF CLEARWATER Date: December 15, 2020 Consultant Project Number: 22609.19 City Project Number: 18-0058-UT City Plan Set Number: 2020011 1.PROJECT TITLE: Rehab of LS 54 & 65 and LS Standards 2.SCOPE OF SERVICES: Add construction phase services for the LS-54 & LS-65 portion of this project. I.PRE-DESIGN PHASE: Included in original work order II.DESIGN PHASE: Included in original work order III.FINAL DESIGN PHASE: Included in original work order IV.PERMITTING PHASE (Building Department): Included in original work order V.BIDDING PHASE Included in original work order VI.PERMITTING PHASE (Right of Way) Task 6.1: Permitting- Prepare and submit right-of-way permit applications to Pinellas county for construction at LS-54 and LS-65. VII.CONSTRUCTION PHASE: Task 7.1: Preconstruction Conference – The MWI Project Manager, Electrical Engineer and Resident Project Representative (RPR) will attend and participate in a pre‐ construction conference, along with preparing meeting notes of topics discussed, decisions made, and action items. Work Order Initiation Form Page 2 of 7 Revised: 10/23/2020 Task 7.2: Contractors RFI’s‐ MWI shall provide technical interpretation of the Drawings, Specifications, and Contract Documents when requested by the Contractor and evaluate requested deviations with regard to the plans or specifications (Request for Information [RFI] process). MWI shall develop and maintain an RFI log noting the date received/answered, subject matter, and resolution to the request. A copy of the RFI log will be included with each progress meeting agenda. For purposes of this proposal a total of ten (10) RFIs will be reviewed. Task 7.3: Shop Drawing Review ‐ MWI shall review or take other appropriate action with respect to material and equipment submittals, shop drawings, samples and other data that the Contractor is required to submit. MWI shall develop and maintain a shop drawing log. Review will be limited to conformance with the design concept of the project and compliance of the information given in the Contract Documents. Such reviews or other actions shall not extend to means, methods, techniques, sequences, or procedures of construction or safety program of the contractor. MWI shall respond to all contractors’ submittals fourteen (14) calendar days following receipt in MWI’s office. Submittals requesting alternate equals shall be approved by the Owner. Task 7.4: Progress Meetings –The RPR/ shall lead and conduct regular progress meetings and prepare and circulate copies of the meeting minutes including topics discussed, action items, and decisions made. For purposes of this proposal, it is assumed that there will be six (6) progress meetings. The RPR will assemble agenda for each progress meeting. In addition, the RPR shall prepare, maintain, and circulate logs and records for: Action Items log/Contractor follow up Shop Drawing Submittal / Approval Testing Request for Proposal Proposed Change Request (PCR) Deficiency / Noncompliance Complaints Project Photographs Inventory and Verification of Stored Materials Punch Lists Task 7.5: Construction Observation‐ MWI shall provide a Resident Project Representative (RPR) to observe and document work in progress, along with keeping the Project Manager advised of any conflicts or potential delays. Based on the proposed work schedule, MWI will provide an RPR for an average of twenty (20) hours per week with actual hours onsite determined by Contractor work schedule. The RPR shall maintain a daily log of activities for periods of time when the RPR is on‐site. These daily logs shall be submitted to the City Project Manager on a weekly basis. Progress photos shall also be taken and provided to the Project Manager to document project progress. Task 7.6: Substantial/Final Electrical Inspection‐ MWI shall conduct substantial and final electrical inspections to determine the completeness of the project and recommend final payment to Contractor. Following each inspection, MWI shall prepare a punch list of all items requiring completion and follow up on the completed and/or corrected items. The punch list shall be provided to the Contractor and the Project Work Order Initiation Form Page 3 of 7 Revised: 10/23/2020 Manager. It is assumed that the site visits for Substantial and Final inspections will be scheduled such that both sites will be inspected on the same trip (One trip visiting both sites for Substantial, one trip visiting both sites for Final). Task 7.7: Record Drawing Preparation‐ MWI shall prepare record drawings from the original AutoCAD file based on information provided by the Contractor and others regarding field changes, modifications, etc. made during the construction phase of the project. Such information shall only be verified through field observation and will not be surveyed to verify accuracy of Contractor’s measurements. The Project Manager will be provided with four (4) printed copies, and one electronic copy (AutoCAD format disk) of the record drawings. Record Drawing copies shall be in 24 X 36-inch format. Task 7.8: Project Catalog- At the conclusion of the project, ENGINEER will combine the following information into a project catalog and submit to the City for review and comment. The project catalog will be submitted electronically on USB thumb drive. MWI has budgeted for up to one round of City review and comment. To Be Included: Files of correspondence, meeting 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 Progress submittals, regulatory correspondence and other Project-related documents. Task 7.9: Owners Allowance ‐ 20% project allowance available for use at the owner/project manager’s discretion. 3.PROJECT GOALS: The project goals include providing the City with updated controls, pumps, piping, wet well coating, flow meters and backup power for Lift Stations 54 and 65 using topographic surveys provided by the City. A set of pump station standards covering the most common pump stations within the City will also be developed. This supplemental work order will provide construction phase services only for the construction of LS-54 and LS-65. 4.BUDGET: See Attachment “B” This price includes all labor and expenses anticipated to be incurred by Metzger + Willard, Inc. for the completion of these tasks in accordance with Professional Services Method “A” – Hourly Rate, for a fee not to exceed Seventy Eight Thousand One Hundred Thirty Nine and 19/00 Dollars ($78,139.19). 5.SCHEDULE: This work order is for construction phase services and will follow the schedule of the contractor beginning with the preconstruction conference. The construction portion of the project is to be completed 180 days from issuance of notice-to-proceed to the Contractor. The Contractors schedule will dictate completion of the work under this supplemental work order. Work Order Initiation Form Page 4 of 7 Revised: 10/23/2020 6.STAFF ASSIGNMENT: City Staff Todd Kuhnel Project Manager Kervin St. Aimie Public Utilities Asst Manager Mike Gillian Public Utilities Infrastructure Maintenance Manager Jeremy J. Brown, PE Engineering Manager, Utilities Richard G. Gardner, PE Public Utilities Assistant Director MWI Staff Nancy O. Metzger, PE Principal in Charge Susan G. Martelli, PE QA/QC Joe Martelli, PE Project Manager 7.CORRESPONDENCE/REPORTING PROCEDURES: ENGINEER’s project correspondence shall be directed to: Primary: Joe Martelli, PE, Senior Project Manager, Secondary: Susan Martelli, PE, VP Engineering. All City project correspondence shall be directed to: Todd Kuhnel Project Manager Mike Gilliam Public Utilities Infrastructure Manager Kervin St. Aimie Public Utilities Assistant Manager Jeremy J. Brown, PE Utilities Engineering Manager Richard G. Gardner, PE Public Utilities Assistant Director All City project correspondence shall be directed to the Project Manager, with copies to the Utilities Engineering Manager and Public Utilities Assistant Director. ENGINEER shall provide a minimum of forty-eight (48) hours’ notice prior to conducting fieldwork/site visits. ENGINEER shall provide a minimum of seven (7) days notification for site visits requiring the assistance of City Operations and Maintenance personnel. ENGINEER 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. Work Order Initiation Form Page 5 of 7 Revised: 10/23/2020 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: 3217321-530100-96686 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 Hourly Rate. 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 Hourly Rate, 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. 10.SPECIAL CONSIDERATIONS: The consultant named above is required to comply with Section 119.0701, Florida Statutes, where applicable. PREPARED BY: APPROVED BY: ________________________ ________________________ Susan G. Martelli, PE Tara Kivett, P.E. VP Engineering City Engineer Metzger + Willard, Inc City of Clearwater December 17, 2020 ___________________ Date Date Work Order Initiation Form Page 6 of 7 Revised: 10/23/2020 ATTACHMENT “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, 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. NOTE: If approved deviation from Clearwater CAD standards is 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. Work Order Initiation Form Page 7 of 7 Revised: 10/23/2020 ATTACHMENT “B” Rehab of LS 54 & 65 Project #18-0058-UT WORK ORDER INITIATION FORM PROJECT BUDGET Task Description Subconsultant Services Labor Total 6.0 Permitting Services 6.1 Pinellas County ROW Permitting $0 $1,116.00 $1,116.00 6.2 Task Allowance (10%) $0 $111.60 $111.60 Permitting Services Total: $1,227.60 7.0 Construction Phase Services 7.1 Preconstruction Conference $540.00 $1,085.00 $1,625.00 7.2 Contractors RFI’s $3,060.00 $2,232.00 $5,292.00 7.3 Shop Drawing Review $1,860.00 $6,846.23 $8,706.23 7.4 Progress Meetings $0 $4,371.00 $4,371.00 7.5 Construction Observation $0 $35,836.00 $35,836.00 7.6 Substantial/Final Electrical Inspection $2,544.00 $0 $2,544.00 7.7 Record Drawing Preparation $1,350.00 $2,140.43 $3,490.43 7.8 Project Catalog $0 $1,395.00 $1,395.00 7.9 Task Allowance (20%) $0 $12,651.93 $12,651.93 Construction Phase Services Total: $75,911.59 Subtotal, Labor and Subcontractors $77,139.19 Permit Review Fees $0.00 8.0 Other Direct Costs (prints, photocopies, postage, etc.) (Not applicable to lump sum Work Orders) $1,000 Grand Total $78,139.19 SECTION V Page i Updated: 5/4/2020 SECTION V CONTRACT DOCUMENTS Table of Contents PUBLIC CONSTRUCTION BOND ......................................................................................................... 1 CONTRACT ................................................................................................................................................ 4 CONSENT OF SURETY TO FINAL PAYMENT .................................................................................. 8 PROPOSAL/BID BOND ............................................................................................................................ 9 AFFIDAVIT .............................................................................................................................................. 10 NON-COLLUSION AFFIDAVIT ........................................................................................................... 11 PROPOSAL ............................................................................................................................................... 12 CITY OF CLEARWATER ADDENDUM SHEET ............................................................................... 14 BIDDER’S PROPOSAL ........................................................................................................................... 15 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM ....................................................................................................................... 17 SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM...... 18 SECTION V – Contract Documents SECTION V Page 1 of 18 Updated: 5/4/2020 Bond No.: ________________ PUBLIC CONSTRUCTION BOND (1) This bond is given to comply with § 255.05, Florida Statutes, and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in subsections (2) and (10). Pursuant to § 255.05(1)(b), Florida Statutes, “Before commencing the work or before recommencing the work after a default or abandonment, the contractor shall provide to the public entity a certified copy of the recorded bond. Notwithstanding the terms of the contract or any other law governing prompt payment for construction services, the public entity may not make a payment to the contractor until the contractor has complied with this paragraph.” CONTRACTOR SURETY OWNER KAT Construction & Materials, Inc. 6541 Industrial Ave. Port Richey, FL 34668 727-834-8655 City of Clearwater Public Utilities 100 S. Myrtle Avenue Clearwater, FL 33756 (727) 562-4750 PROJECT NAME: Rehab of LS-54 & LS-65 PROJECT NO.: 18-0058-UT PROJECT DESCRIPTION: The rehabilitation of two City of Clearwater lift stations (LS-54 2304 McMullen Booth Rd; LS-65 1881 Virginia Ave.) including demolition, lining of terminal gravity mains, wet well cleaning and coating, replacement of pumps and selected piping and valves, replacement of selected controls, replacement or modification of selected wet well/valve vault covers, installation of generators. BY THIS BOND, We, KAT Construction & Materials, Inc., as Contractor, and __________________________________________________, a corporation, as Surety, are bound to the City of Clearwater, Florida, herein called Owner, in the sum of $1,081,520.00 for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Contractor: 1. Performs the contract dated _________________, between Contractor and Owner for construction of Rehab of LS-54 & LS-65, the contract documents being made a part of this bond by reference (which include the Advertisement for Bids, Proposal, Contract, Surety Bond, Instructions to Bidders, General Conditions, Plans, Technical Specifications and Appendix, and such alterations as may be made in said Plans and Specifications as therein provided for), at the times and in the manner prescribed in the contract; and SECTION V – Contract Documents SECTION V Page 2 of 18 Updated: 5/4/2020 2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Contractor with labor, materials, or supplies, used directly or indirectly by Contractor in the prosecution of the work provided for in the contract; and SECTION V – Contract Documents SECTION V Page 3 of 18 Updated: 5/4/2020 Bond No.:________________ PUBLIC CONSTRUCTION BOND (2) 3. Pays Owner all losses, damages, expenses, costs, and attorney’s fees, including appellate proceedings, that Owner sustains because of a default by Contractor under the contract; and 4. To the limits of § 725.06(2), Florida Statutes, shall indemnify and hold harmless Owner, their officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of the construction contract; and 5. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. 6. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. 7. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety’s obligation under this bond, and Surety does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this __________ day of ________________, 20___. (If sole Ownership or Partnership, two (2) Witnesses required). (If Corporation, Secretary only will attest and affix seal). KAT Construction & Materials, Inc. By: ____________________________ Title: ____________________________ Print Name: ____________________________ WITNESS: WITNESS: _______________________________________ _______________________________________ Corporate Secretary or Witness Print Name: ____________________________ Print Name: _____________________________ (affix corporate seal) _______________________________________ (Corporate Surety) By: _________________________________ ATTORNEY-IN-FACT Print Name: ___________________________ (affix corporate seal) (Power of Attorney must be attached) SECTION V – Contract Documents SECTION V Page 4 of 18 Updated: 5/4/2020 CONTRACT (1) This CONTRACT made and entered into this ___ day of ____________, 20___ by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and KAT Construction & Materials, Inc., of the City of Port Richey, County of Pasco and State of Florida, hereinafter designated as the "Contractor". [Or, if out of state:] N/A This CONTRACT made and entered into this ___ day of ____________, 20___ by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and _____________________________________, a/an _____________(State) Corporation authorized to do business in the State of Florida, of the City of ____________________ County of __________________________ and State of ____________, hereinafter designated as the "Contractor". WITNESSETH: That the parties to this contract each in consideration of the undertakings, promises and agreements on the part of the other herein contained, do hereby undertake, promise and agree as follows: The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at their own cost and expense perform all labor, furnish all materials, tools and equipment for the following: PROJECT NAME: Rehab of LS-54 & LS-65 PROJECT NO.: 18-0058-UT in the amount of $1,081,520.00 In accordance with such proposal and technical supplemental specifications and such other special provisions and drawings, if any, which will be submitted by the City, together with any advertisement, instructions to bidders, general conditions, technical specifications, proposal and bond, which may be hereto attached, and any drawings if any, which may be herein referred to, are hereby made a part of this contract, and all of said work to be performed and completed by the contractor and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City. If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as contained herein within the time specified for completion of the work to be performed by the Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have the right to proceed to complete such work as Contractor is obligated to perform in accordance with the provisions as contained herein. SECTION V – Contract Documents SECTION V Page 5 of 18 Updated: 5/4/2020 CONTRACT (2) THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB CONTRACTOR, AGENT SERVANTS OR EMPLOYEES, TO THE LIMITS OF § 725.06(2). In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non-discrimination clause. The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker's representatives, except sub-contractors for standard commercial supplies or raw materials. It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the event that the work to be performed by the Contractor is not completed within the time stipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Contractor the sum of $1,000.00 per day for each day that the work to be performed by the Contractor remains incomplete beyond the time limit specified herein, which sum of $1,000.00 per day shall only and solely represent damages which the City has sustained by reason of the failure of the Contractor to complete the work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete and perform all work within the time period as specified in this contract. It is further mutually agreed between the City and the Contractor that if, any time after the execution of this contract and the public construction bond which is attached hereto for the faithful performance of the terms and conditions as contained herein by the Contractor, that the City shall at any time deem the surety or sureties upon such public construction bond to be unsatisfactory or if, for any reason, the said bond ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his or its own expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the City. If such an event occurs, no further payment shall be made to the Contractor under the terms and provisions of this contract until such new or additional security bond guaranteeing the faithful performance of the work under the terms hereof shall be completed and furnished to the City in a form satisfactory to it. SECTION V – Contract Documents SECTION V Page 6 of 18 Updated: 5/4/2020 CONTRACT (3) In addition to all other contract requirements as provided by law, the contractor executing this agreement agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, THE CONTRACTORS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT. CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 727-562-4092, Rosemarie.Call@myclearwater.com, 600 Cleveland St. Clearwater, FL 33756 The contractor’s agreement to comply with public records law applies specifically to: a) Keep and maintain public records required by the City of Clearwater (hereinafter “public agency”) to perform the service being provided by the contractor hereunder. b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and SECTION V – Contract Documents SECTION V Page 7 of 18 Updated: 5/4/2020 CONTRACT (4) 2. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. j) A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA By: __________________________________ (SEAL) William B. Horne, II City Manager Attest: Countersigned: __________________________________________ Rosemarie Call City Clerk By: __________________________________ Approved as to form: Frank Hibbard Mayor __________________________________________ Owen Kohler Assistant City Attorney Contractor must indicate whether: ______ Corporation, ______ Partnership, ______ Company, or ______ Individual __________________________________________ (Contractor) By: _________________________ (SEAL) Print Name: ________________________________ Title: _____________________________________ The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title; where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the Corporation – provide Affidavit. SECTION V – Contract Documents SECTION V Page 8 of 18 Updated: 5/4/2020 CONSENT OF SURETY TO FINAL PAYMENT TO OWNER: City of Clearwater PROJECT NAME: Rehab of LS-54 & LS-65 Public Utilities PROJECT NO.: 18-0058-UT 100 S. Myrtle Ave. CONTRACT DATE: [__________] Clearwater, FL 33756 BOND NO.: [__________], recorded in O.R. Book [____], Page [____], of the Public Records of Pinellas County, Florida. CONTRACTOR: KAT Construction & Materials, Inc. Pursuant to § 255.05(11), Florida Statutes, and in accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the: [insert name of Surety] [address] [address] ,SURETY, on bond of KAT Construction & Materials, Inc. 6541 Industrial Ave. Port Richey, FL 34668 ,CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve Surety of any of its obligations to City of Clearwater Public Utilities 100 S. Myrtle Ave. Clearwater, FL 33756 ,OWNER, as set forth in said Surety’s bond. IN WITNESS WHEREOF, the Surety has hereunto set its hand this ___ day of ___________, ______ __________________________________________ (Surety) __________________________________________ (Signature of authorized representative) __________________________________________ (Printed name and title) Attest: (Seal): ä MARLO BLVD LEANNE CT N McMULLEN BOOTH RD BARTON LN STEVEN ST LANDMARK DR LAUREN LN WOODCREEK DR EWOODCREEK DR S OAK COVE DR PATRICK PL LOCATION MAP Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com REHAB OF LIFT STATIONS 54 & 65PROJECT (18-0058-UT) Path: V:\GIS\Engineering\Location Maps\Rehab Lift_Stations_54_65.mxd LIFT STATION 651881 Virginia Ave ä VIRGINIA AVE PALM DR N KEENE RD SPRINGRAIN DR N HERCULES AVE PALMETTO DR PINEHURST DR LAKEWOOD DR RIDGEWOOD DR SPRINGWOOD CIR N SPRINGBUSH LN SPRINGFLOWER DR SPRINGWOOD CIR WSPRINGWOOD CIR S LIFT STATION 542304 McMullen Booth Rd SAFETY HARBO R² N.T.S.Scale: CRMMap Gen By:T_KReviewed By:N/AGrid #:N/AS-T-R:Page 1 of 104/23/2019Date: ATLAS PAGE 234A ATLAS PAGE 242A Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9076 Agenda Date: 5/3/2021 Status: Approval ReviewVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 5.8 SUBJECT/RECOMMENDATION: Approve Amendment One to Southwest Florida Water Management District (SWFWMD) Cooperative Funding Agreement (N915) for Lower Spring Branch Conveyance Improvements (14-0048-EN), extending the expiration date through June 30, 2024, and authorize the appropriate officials to execute same. (consent) SUMMARY: The Lower Spring Branch Stormwater Improvements is identified as Project 1B in the Stevenson Creek Watershed Management Plan (WMP), which was prepared by the City of Clearwater with SWFWMD’s cooperative funding and participation. This project will provide flood relief for approximately 11 homes adjacent to the Creek, removing them from the 100-year floodplain. The construction of this project includes the replacement of bridges at Springtime Avenue, Overlook Avenue, and the addition of larger box culverts under Douglas Avenue. The Cooperative Funding Agreement between the City of Clearwater and SWFWMD includes reimbursement up to 50% of the cost of design and construction up to a maximum of $1,160,000 and Pinellas County, as a third party within this agreement, up to 50% of the cost of design and construction up to a maximum of $500,000 for construction of the project. Pinellas County will reimburse the City 25%, not to exceed $270,000 of the construction of Douglas Avenue Crossing, for a total of $1,430,00 in potential reimbursements. August 14, 2018, City Council approved Cooperative Funding Agreement N915 for 50% of design and construction up to a maximum of $1,160,000. Due to considerable easement acquisition and design challenges, the City has requested to extend the contract expiration date to June 30, 2024 upon approval of City Council. The amendment includes no changes to reimbursement values. Page 1 City of Clearwater Printed on 4/30/2021 Page 3 of 3 IN WITNESS WHEREOF, the parties hereto, or their representatives, have executed this Agreement on the day and year set forth next to their signatures below. SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT By:_________________________________________ Jennette M. Seachrist, P.E. Date Director, Resource Management Division CITY OF CLEARWATER By:_________________________________________ Frank Hibbard Date Mayor By:_________________________________________ William B. Horne II Date City Manager Approved as to form: Attest: _______________________ _______________________ Owen Kohler Rosemarie Call Assistant City Attorney City Clerk PINELLAS COUNTY By:__________________________________________ Name Date Barry Burton Pinellas County Administrator Witness: By:_______________________ Brendan Mackesy Pinellas County Attorney FIRST AMENDMENT TO AGREEMENT BETWEEN THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRUCT AND CITY OF CLEARWATER AND PINELLAS County FOR LOWER SPRING BRANCH CONVEYANCE IMPROVEMENTS (N915) S T E VENSONCREEK N BETTY LN DOUGLAS AVE SUNSET POINT RD OVERBROOK AVE SEDEEVA ST HARBOR D R FAIRMONT ST PINELAND DR FULTON AVE APACHE TRL CHARLES ST SYLVAN DR STATE ST SUNNYDALE DR SPRINGTIME AVE SEDEEVA CIR N EDGEWATER DR STEVEN S O N AVE IVA ST CHENANGO AVE NOKOMIS ST N WASHINGTON AVE CALUMET ST VISTA WAY CLAIRE DR JADE AVE IROQUOIS ST MOHAWK ST ALOHA LN COLES RD SEDEEVA CIR S SANDY LN OSAGE ST FULLER DR N MARTIN LUTHER KING, JR. AVE BROOK RD MACOMBER AVE WILSON BLVD MARY L RD SHERIDAN RD SYLVAN DR BECKETT ST TERRACE RD STE V E N S O N'S D RN MADISON AVE WOODBINE ST BERTLAND WAY PARKWOOD ST MINNESOTA DR CAROLYN LN PINELAND DR CARDOVA LN N WASHINGTON AVE SPRINGTIME AVE FAIRMONT ST SPRINGTIME AVE BECKETT ST LOCATION MAP ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CRM TM N.T.S.260B 03-29s-15e07/30/2018Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: LOWER SPRING BRANCHSTORMWATER IMPROVEMENTSPROJECT #14-0048-EN Path: S:\_CITY PROJECTS\2014 PROJECTS\14-0048-EN Lower Spring Branch\Lower Spring Branch 14-0048-EN.mxd PROJECTLOCATION Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9031 Agenda Date: 5/3/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 6.1 SUBJECT/RECOMMENDATION: Appoint Lori Y. Carter to the Brownfields Advisory Board as a business owner or representative with a term to expire May 31, 2025. (consent) SUMMARY: APPOINTMENT WORKSHEET BOARD: Brownfields Advisory Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: ** MEMBERS: 9 CHAIRPERSON: Joseph DeCicco MEETING DATE: As Called PLACE: Determined when called STAFF LIAISON: Philip Kirkpatrick APPTS. NEEDED: 1 SPECIAL QUALIFICATIONS: ** Three members will be Clearwater residents who live within or adjacent to the Brownfields Area; Three members will be owners or representatives of businesses operating in the Brownfields area and need not be residents of Clearwater; Three members will be representatives of federal or state agencies or local governments involved with the Brownfields remediation process within Pinellas County and need not be Clearwater residents THE FOLLOWING BROWNFIELDS ADVISORY BOARD MEMBER’S TERM HAD EXPIRED AND HE DID NOT WISH REAPPOINTMENT: 1. Matt Crum - 2125 Scarlet Oaks Street, 33759 - Insurance Original Appointment: 5/19/16 (was serving 1st term that expired 5/31/20) Interested in Reappointment: No (Business owner or rep) Page 1 City of Clearwater Printed on 4/30/2021 File Number: ID#21-9031 THE NAME BELOW IS BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY: 1. Lori Y. Carter - 6005 30th Ave West, Bradenton, FL 34209 - HR Management Office: Vesper Wave Solutions 1548 S Missouri Unit 142, Clearwater, FL 33756 (Business owner or rep) Zip codes of current members: 4 at 33755 2 at 33756 1 at 33770 1 at 33773 Current Categories: 3 Agency or Government rep. 2 Business Owner or rep. 3 Residents Page 2 City of Clearwater Printed on 4/30/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9051 Agenda Date: 5/3/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 6.2 SUBJECT/RECOMMENDATION: Appoint two members to the Airpark Advisory Board with terms to expire April 30, 2025. SUMMARY: APPOINTMENT WORKSHEET BOARD: Airpark Advisory Board TERM: 4 Years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: None MEMBERS: 5 + 1 Ex Officio member CHAIRPERSON: Kelli O’Donnell MEETING DATES: Quarterly (1st Wed.) - Feb., May, Aug., Nov. PLACE: Chambers - 3 p.m. APPOINTMENTS NEEDED: 2 THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE REPLACEMENT BY A NEW APPOINTEE: 1. Paul A. Doric - 1837 Skyland Dr., 33755 Original Appointment: 8/20/14 (was serving 1st term until 4/30/21) Interest in Reappointment: No 2. Richard Porraro - 1047 Sunnydale Dr., 33755 Original Appointment: 3/15/12 (was serving 2nd term until 4/30/21) THE NAMES BELOW ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: 1.Ray McNeil - 1640 Greenlea Dr., 33755 2.Roger Schulman - 2337 Willow Tree Trail, 33763 Page 1 City of Clearwater Printed on 4/30/2021 File Number: ID#21-9051 Zip codes of current members on board: 3 at 33755 1 at 33761 1 at 33764 1 at 33765 Page 2 City of Clearwater Printed on 4/30/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9054 Agenda Date: 5/3/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 6.3 SUBJECT/RECOMMENDATION: Appoint two members with terms to expire April 30, 2025 and appoint one member to fill the remainder of an unexpired term through March 31, 2022 to the Public Art and Design Board. SUMMARY: APPOINTMENT WORKSHEET BOARD: Public Art and Design Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: City of Clearwater resident except for the Clearwater Arts Alliance, Inc., formerly, Clearwater Arts Foundation, and the Creative Pinellas representative MEMBERS: 7 Liaison: Christopher Hubbard, Cultural Affairs Coord. CHAIR: Neale Stralow MEETING DATE: Quarterly - January, March, June, Sep. TIME/PLACE: 2:00 PM/Chambers APPOINTMENTS NEEDED: 3 THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE: 1. Jonathan Barnes - 1613 Maple St., 33765 - Humanities and Fine Arts Original Appointment: 11/7/19 (was filling an unexpired term until 4/30/21) (1 Absence in the past year) Interest in Reappointment: Yes (Citizen) 2. Eric Seiler - 2632 Enterprise Road East, A-15, 33759 - Mechanical Engineering Original Appointment: 7/16/15 (was serving 1st term until 4/30/21) (0 Absence in the past year) Interest in Reappointment: Yes Page 1 City of Clearwater Printed on 4/30/2021 File Number: ID#21-9054 (Citizen) 3. Michael Potts - 1155 Jackson Rd., 33755 - General Contractor/Inspector Original Appointment: 3/1/18 (was serving 1st term until 3/31/22) Passed Away - March 2021 (General Contractor/Inspector) THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: 1. Theresa E. Bromm-Boesen - 2612 Pearce Dr., #210, 33764 - Teacher/College Adm. Asst. 2. Gregory Byrd - 1400 Pine Brook Dr., 33755 - Professor Zip codes of current members: 1 - 33755 1 - 33761 1 - 33764 2 - 33765 1 - 34653 Current Categories: 1 Artist/Art Business Owner 3 Citizens 1 Clearwater Arts Alliance, Inc. 1 Creative Pinellas Page 2 City of Clearwater Printed on 4/30/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9097 Agenda Date: 5/3/2021 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 21-21. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/30/2021 Resolution No. 21-21 RESOLUTION NO. 21-21 CONFIRMATION OF COVID-19 EMERGENCY PROCLAMATION – May 6, 2021 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, CONFIRMING DECLARATIONS OF A STATE OF EMERGENCY; PROVIDING AN EFFECTIVE DATE. WHEREAS, a state of emergency in the City of Clearwater was proclaimed by Mayor George N. Cretekos, upon recommendation by the Emergency Management Director (City Manager William B. Horne), after certification of emergency conditions by the Emergency Management Coordinator (Fire Division Chief of Emergency Management Jevon Graham), on March 18, 2020 due to the unmitigated spread of coronavirus disease (COVID-19); and WHEREAS, the March 18, 2020 state of emergency was confirmed by City Council in Resolution 20-11 later that day, extended 7 days by Mayor George N. Cretekos on March 25, extended 7 days by Mayor Frank Hibbard on April 1, confirmed by City Council in Resolution 20-14 on April 2, extended 7 days by Mayor Frank Hibbard on April 8 and 15, confirmed by City Council in Resolution 20-16 on April 16, extended 7 days by Mayor Frank Hibbard on April 22, 29, and May 6, confirmed by City Council in Resolution 20-19 on May 7, extended 7 days by Mayor Frank Hibbard on May 13 and 20, confirmed by City Council in Resolution 20-22 on May 21, extended 7 days by Mayor Frank Hibbard on May 27 and June 3, confirmed by City Council in Resolution 20-28 on June 4, extended 7 days by Mayor Frank Hibbard on June 10 and 17, confirmed by City Council in Resolution 20-30 on June 18, extended 7 days by Mayor Frank Hibbard on June 24, July 1, 8, and 15, confirmed by City Council in Resolution 20-32 on July 16, extended 7 days by Mayor Frank Hibbard on July 22, 29, and August 5, confirmed by City Council in Resolution 20-36 on August 6, and extended 7 days by Mayor Frank Hibbard on August 12 and 19, confirmed by City Council in Resolution 20-44 on August 20, extended 7 days by Mayor Frank Hibbard on August 26 and September 2, confirmed by City Council in Resolution 20-47 on September 3, extended 7 days by Mayor Frank Hibbard on September 9 and 16, confirmed by City Council in Resolution 20-51 on September 17, extended 7 days by Mayor Frank Hibbard on September 23 and 30, confirmed by City Council in Resolution 20-53 on October 14, extended 7 days by Mayor Frank Hibbard on October 21, 28, and November 4, confirmed by City Council in Resolution 20-56 on November 5, extended 7 days by Mayor Frank Hibbard on November 11 and 18, confirmed by City Council in Resolution 20-60 on November 19, extended 7 days by Mayor Frank Hibbard on November 25 and December 2, confirmed by City Council in Resolution 20-62 on December 3, extended 7 days by Mayor Frank Hibbard on December 9 and 16, confirmed by City Council in Resolution 20- 63 on December 17, extended 7 days by Mayor Frank Hibbard on December 23, 30, 2020, January 6, 13, and 20, 2021, confirmed by City Council in Resolution 21-01 on January 21, extended 7 days by Mayor Frank Hibbard on January 27 and February 3, confirmed by City Council in Resolution 21-05 on February 4, extended 7 days by Mayor Frank Hibbard on February 10 and 17, confirmed by City Council in Resolution 21-07 on February 18, extended 7 days by Mayor Frank Hibbard on February 24 and March 3, confirmed by City Council in Resolution 21-11 on March 4, extended 7 days by Mayor Frank Hibbard on March 10 and 17, 2021, confirmed by City Council in Resolution 21-12 on March 18, Resolution No. 21-21 extended 7 days by Mayor Frank Hibbard on March 24, 31, April 7 and 14, confirmed by City Council in Resolution 21-14 on April 15, and extended 7 days by Mayor Frank Hibbard on April 21, 28, and May 5, 2021; and WHEREAS, COVID-19 is a severe acute respiratory illness that can spread among humans through respiratory transmission and presents with symptoms similar to those of influenza, with several vaccines widely available; and WHEREAS, on January 31, 2020 the United States Department of Health and Human Services declared that a public health emergency exists nationwide as a result of confirmed cases of COVID-19 in the United States; and WHEREAS, on March 1, 2020 Governor Ron DeSantis issued Executive Order 20- 51, declaring that appropriate measures to control the spread of COVID-19 in the State of Florida are necessary, and therefore directed that a Public Health Emergency be declared in the State of Florida; and WHEREAS, on March 9, 2020 Governor Ron DeSantis issued Executive Order 20- 52 declaring a State of Emergency for COVID-19; and WHEREAS, the World Health Organization declared COVID-19 a pandemic on March 11, 2020, which is defined as “worldwide spread of a new disease,” and is the first declared pandemic since the H1N1 "swine flu" in 2009; and WHEREAS, on March 13, 2020 President Donald J. Trump declared a national state of emergency; and WHEREAS, on March 16, 2020 President Trump and CDC issued the “15 Days to Slow the Spread” guidance advising individuals to adopt far-reaching social distancing measures. such as working from home and avoiding gatherings of more than 10 people; and WHEREAS, on March 17, 2020 Governor Ron DeSantis issued Executive Order 20- 68 closing bars, pubs and nightclubs for 30 days, recommending that public beachgoers follow CDC guidelines limiting group sizes and social distancing, and ordering that restaurants limit occupancy to 50% of current building capacities and begin employee screening; and WHEREAS, on March 18, 2020 the City of Clearwater passed Resolution 20-11, cancelling most City meetings and groups, prohibiting all in-person gatherings of 10 people or more, closed all beaches, closed all libraries, closed all recreation centers, required businesses open to the public to provide hand sanitizer, gave the Emergency Management Director authority to close parking as necessary, prohibited price gouging, and enabled emergency procurement procedures; and Resolution No. 21-21 WHEREAS, on March 19, 2020 Pinellas County passed Resolution 20-17, closing all public beaches within the county; and WHEREAS, on March 20, 2020 Governor Ron DeSantis issued Executive Order 20- 71, suspending all sales of food and alcohol in the State by establishments for on-site consumption and allowing for take-out or delivery service, and closing all gyms and fitness centers; and WHEREAS, on March 20, 2020 Governor Ron DeSantis issued Executive Order 20- 72, prohibiting elective and unnecessary medical procedures; and WHEREAS, on March 24, 2020 Governor Ron DeSantis issued Executive Order 20- 83, recommending an advisory to all persons over 65 and those with underlying serious medical conditions to stay home and limit risk of exposure; and WHEREAS, on March 25, 2020 Pinellas County passed Resolution 20-20, “COVID- 19 Safer at Home Order,” directing individuals to limit non-essential activity and/or transportation, closing places of public assembly, and ordering the closure of non-essential businesses if they can not comply with current CDC social distancing guidelines; and WHEREAS, on March 27, 2020 Governor Ron DeSantis issued Executive Order 20- 86, retroactively ordering any person entering the State of Florida from “an area with substantial community spread” to self-quarantine for 14 days and inform anyone they have had direct physical contact with of their status; and WHEREAS, on April 1, 2020 Governor Ron DeSantis issued Executive Orders 20- 91 and 20-92, ordering all persons in Florida to limit their movements and personal interactions outside of their homes to only those necessary to obtain or provide essential services or conduct essential activities; and WHEREAS, on April 16, 2020 the City Council extended for 30 days and modified those emergency measures enacted by Resolution 20-11; and WHEREAS, on April 28, 2020 Pinellas County passed Resolution 20-34, “Order Relaxing Beach Restrictions With Conditions,” allowing public beaches to reopen consistent with CDC social distancing guidelines effective May 4, 2020; and WHEREAS, on April 29, 2020 Governor Ron DeSantis issued Executive Order 20- 112, ordering all persons in Florida to continue to limit their movements and personal interactions outside of their homes, and allowing restaurants to resume on-premises service with restrictions; and WHEREAS, on May 1, 2020 Pinellas County passed Resolution 20-39 “Order Clarifying Local Restrictions,” which gives support to Governor DeSantis’ EO 20-112, terminates Pinellas County Res. 20-20 and 20-23, but continues to restrict public playgrounds and pools, and requires social distancing; and Resolution No. 21-21 WHEREAS, on May 1, 2020 City of Clearwater Emergency Management Director William B. Horne announced that Clearwater beaches would reopen May 4 in conjunction with Pinellas County’s Res. 20-34; and WHEREAS, on May 14, 2020 Governor Ron DeSantis issued Executive Order 20- 123, initiating the full Phase 1 of his “Safe. Smart. Step-by-Step. Plan for Florida’s Recovery” relaxing social distancing requirements and allowed limited reopening of businesses, including gyms and fitness centers; and WHEREAS, on May 21, 2020 the City Council adopted Resolution 20-22 terminating the emergency measures portions of Resolutions 20-11, 20-16, and 20-19, and granting the Emergency Management Director authority and flexibility to manage City facilities in response to Covid-19; and WHEREAS, on June 3, 2020 Governor Ron DeSantis issued Executive Order 20- 139, initiating Phase 2 of his “Safe. Smart. Step-by-Step. Plan for Florida’s Recovery” which further relaxes social distancing guidelines, including avoiding congregating in groups larger than 50 persons, allows for restaurants, bars, and entertainment businesses to operate at 50% indoor capacity; and WHEREAS, on June 23, 2020 Pinellas County passed Ordinance 20-14 mandating, with some exceptions, that individuals wear a face covering in public indoor places, and encouraged exempt government entities to enact their own similar procedures to protect employees and members of the public; and WHEREAS, on June 25, 2020 City of Clearwater Emergency Management Director William B. Horne ordered that all persons, with some exceptions, wear a face covering in public indoor places within City of Clearwater buildings, facilities, and properties in conjunction with Pinellas County’s Ord. 20-14; and WHEREAS, on June 26, 2020 the Florida Department of Business and Professional Regulation issued Executive Order 2020-09 suspending on-premises consumption of alcoholic beverages by vendors who derive more than 50% of gross revenue from sales of alcoholic beverages; and WHEREAS, on July 16, 2020 the City Council adopted Resolution 20-32 confirming extensions of the state of emergency and confirming the Emergency Management Director’s face covering order; and WHEREAS, on July 29, 2020 Governor Ron DeSantis issued Executive Order 20- 179 extending prior executive orders allowing local governments to hold virtual meetings without a physical quorum, and Executive Order 20-180 extending prior executive orders suspending mortgage foreclosure and eviction final actions; and Resolution No. 21-21 WHEREAS, on August 7, 2020 Governor Ron DeSantis issued Executive Order 20- 193 extending prior executive orders allowing local governments to hold virtual meetings without a physical quorum until October 1, 2020; and WHEREAS, on August 31, 2020 Governor Ron DeSantis issued Executive Order 20-211 extending a prior executive order suspending final executions of mortgage foreclosure and eviction actions until October 1, 2020; and WHEREAS, on September 4, 2020 Governor Ron DeSantis issued Executive Order 20-213 extending the statewide state of emergency an additional 60 days; and WHEREAS, on September 10, 2020 the Florida Department of Business and Professional Regulation issued Emergency Order 2020-10 rescinding Emergency Order 2020-09, effective 12:01 a.m. Monday September 14, allowing bars to reopen at 50% capacity pursuant to the Governor’s Executive Order 20-39; and WHEREAS, on September 25, 2020 Governor Ron DeSantis issued Executive Order 20-244, titled “Phase 3; Right to Work; Business Certainty; Suspension of Fines.” The order rescinds prior restrictions on business, prohibits emergency ordinances preventing individuals from working or from operating a business, and suspends the collections of fines and penalties associated with COVID-19 against individuals; and WHEREAS, on September 30, 2020 Governor Ron DeSantis issued Executive Order 20-246 extending prior executive orders allowing local governments to hold virtual meetings without a physical quorum; and WHEREAS, on November 3, 2020 Governor Ron DeSantis issued Executive Order 20-276 extending the statewide state of emergency an additional 60 days; and WHEREAS, on November 24, 2020 Governor Ron DeSantis issued Executive Order 20-297 extending Executive Order 20-244 (Phase 3; Right to Work; Business Certainty; Suspension of Fines) for the duration of the state of emergency due to COVID- 19, set to expire January 2, 2021 unless ratified and reaffirmed before then; and WHEREAS, on December 29, 2020 Governor Ron DeSantis issued Executive Order 20-316 extending the statewide state of emergency an additional 60 days; and WHEREAS, on January 21, 2021, Pinellas County Administrator Barry Burton issued Emergency Order 21-3 regulating Outdoor Large-Scale Special Events by developing safety standards for those events with 1,000 or more attendees and requiring organizers to create a safety plan that outlines steps to protect patrons from COVID-19; and WHEREAS, on February 26, 2021 Governor Ron DeSantis issued Executive Order 21-46 (Vaccine Administration/Protecting Florida’s Seniors) restricting the administration of Resolution No. 21-21 any COVID-19 vaccine to long-term care facility residents and staff, persons 65 years of age and older, and health care personnel with direct patient contact; and WHEREAS, on March 9, 2021 Governor Ron DeSantis issued Executive Order 21- 62 (Amending Executive Order 20-315 - Vaccine Administration/Protecting Florida's Seniors) expanding the administration of any COVID-19 vaccine to those populations listed in EO 21-46 and K-12 school employees 50 years of age and older, sworn law enforcement officers 50 years of age and older, and firefighters 50 years of age and older; and WHEREAS, on March 10, 2021 Governor Ron DeSantis issued Executive Order 21- 65 (Clemency Order Regarding Remission of Fines) remitting any fines imposed between March 1, 2020 and March 10, 2021 by any political subdivision of Florida related to local government COVID-19 restrictions; and WHEREAS, on March 19, 2021 Governor Ron DeSantis issued Executive Order 21- 67 (Amending Executive Order 20-315 - Vaccine Administration/Protecting Florida's Seniors) expanding the administration of any COVID-19 vaccine to those populations listed in EO 21-46, 21-47, and 21-62 to include long-term care facility residents and staff, persons 50 years of age and older, and health care personnel with direct patient contact; and WHEREAS, on March 26, 2021 Governor Ron DeSantis issued Executive Order 21- 79 (Amending Executive Order 20-315 - Vaccine Administration/Protecting Florida's Seniors) expanding the administration of any COVID-19 vaccine to those populations listed in EO 21-46, 21-47, 21-62, and 21-67 to include persons 40 years of age and older effective March 29, 2021, and opening up vaccination eligibility to all Floridians on April 5, 2021; and WHEREAS, on April 2, 2021 Governor Ron DeSantis issued Executive Order 21-81 (Prohibiting COVID-19 Vaccine Passports) restricting any Florida government entity from issuing vaccine passports and prohibiting businesses in Florida from requiring patrons or customers to provide documentation certifying COVID-19 vaccination status to gain entry or service from the business; and WHEREAS, on April 27, 2020 Governor Ron DeSantis issued Executive Order 21- 94 (Emergency Management - Extension of Executive Order 20-52-COVID-19) extending the statewide state of emergency an additional 60 days; and WHEREAS, as of May 6, 2021 2,101,365 Florida residents (2,141,686 total cases in Florida including non-residents), including 127,969 in Hillsborough County (including 1,646 deaths), 36,362 in Manatee County (including 646 deaths), 38,387 in Pasco County (including 714 deaths), and 75,615 in Pinellas County (including 1,569 deaths) have tested positive for COVID-19; and WHEREAS, the City of Clearwater continues to be threatened by COVID-19 because of the apparent ability of the virus to spread rapidly among humans, and COVID- 19 thereby constitutes a clear and present threat to the health, safety, and welfare of the citizens and visitors of the City of Clearwater, and Resolution No. 21-21 WHEREAS, Section 252.38, Florida Statutes authorizes the establishment and amendment of emergency measures during a state of emergency; and WHEREAS, Chapter 15, Code of Ordinances requires City Council to confirm any declaration of a state of emergency and all emergency regulations activated under the provisions of this chapter at their next regularly scheduled meeting; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. The April 21, 2021 state of emergency proclamation is hereby confirmed. Section 2. The April 28, 2021 state of emergency proclamation is hereby confirmed. Section 3. The May 5, 2021 state of emergency proclamation is hereby confirmed. Section 4. This resolution shall take effect immediately. The state of emergency must be renewed in seven-day increments pursuant to § 15.07(5), Code of Ordinances. PASSED AND ADOPTED this 6th day of May, 2021. Attest: ___________________________ _______________________________ Rosemarie Call Frank Hibbard City Clerk Mayor Approved as to form: ___________________________ Pamela K. Akin City Attorney Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9105 Agenda Date: 5/3/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Request for authority to institute a civil action on behalf of the City against Reliant Underground, LLC to recover $2,249.63 for damages to city property. (consent) SUMMARY: On July 16, 2019, a contractor of Reliant Underground, LLC put several gouges into a 2-in. PE gas main line, one which punctured the line at 16th Avenue SE and Seminole Boulevard and on September 20, 2019 a contractor hit a 1-in. PE gas service line with a directional bore at 980 N. Missouri Avenue. Repairs to both the gas lines cost $2,249.63. Demand letters have been sent to Reliant Underground, LLC but no response has been received. Costs relative to this action will include a $175 filing fee, and fees for service of process of approximately $60. APPROPRIATION CODE AND AMOUNT: 5907590-545900, Insurance Claims - Liability Page 1 City of Clearwater Printed on 4/30/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9106 Agenda Date: 5/3/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 7.3 SUBJECT/RECOMMENDATION: Request for authority to institute a civil action on behalf of the City against Steve’s Excavating and Paving, Inc. to recover $5,205.89 for damages to city property. (consent) SUMMARY: On December 10, 2019, a contractor of Steve’s Excavating and Paving, Inc. hit a 2-in. Extrube main gas line with a backhoe at 800 Wellington Dr., Clearwater, FL 33764. Repairs to the gas line cost $5,205.89. Demand letters have been sent to Steve’ s Excavating and Paving, Inc. but no response has been received. Costs relative to this action will include a $175 filing fee, and fees for service of process of approximately $60. APPROPRIATION CODE AND AMOUNT: 5907590-545900, Insurance Claims - Liability Page 1 City of Clearwater Printed on 4/30/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 21-19 Agenda Date: 5/3/2021 Status: Agenda ReadyVersion: 1 File Type: ResolutionIn Control: Legal Department Agenda Number: 7.4 SUBJECT/RECOMMENDATION: Authorize the City of Clearwater to join the State of Florida and other local governmental units as a participant in the Florida Memorandum of Understanding and Formal Agreements implementing a Unified Plan and adopt Resolution 21-19. SUMMARY: On February 13, 2018, the City Council authorized hiring Motley Rice, LLC. to investigate, litigate, or negotiate for settlement, actionable claims that may be pursued by the City against individuals and entities related to the marketing, prescribing, distribution, or sale of opioids. On November 15, 2018, Motley Rice filed a complaint in the Sixth Circuit court on behalf of the City, naming multiple pharmaceutical companies and distributors as defendants. Since then, Motley Rice has been negotiating with distributors and through bankruptcies filed by several pharmaceutical companies for a settlement to the matter. The State of Florida has filed an action pending in Pasco County, Florida, and a number of Florida Cities and Counties have also filed an action In re: National Prescription Opiate Litigation, MDL No. 2804 (N.D. Ohio) (the Opioid Litigation) and the City of Clearwater is a litigating participant in that action. The State of Florida and lawyers representing certain various local governments involved in the Opioid Litigation have proposed a unified plan for the allocation and use of prospective settlement dollars from opioid related litigation. Based on the status of this litigation, the likely structure of any resolution, and the potential litigation risks in the absence of a statewide agreement, our counsel believes this proposal reflects a reasonable compromise between the State and its political subdivisions. The Florida Memorandum of Understanding (the Florida Plan) sets forth a framework of a unified plan for the proposed allocation and use of opioid settlement proceeds. It is anticipated that formal agreements implementing the Florida Plan will be entered into at a future date. Participation in the Florida Plan by a large majority of Florida cities and counties will materially increase the amount of funds to Florida and should improve Florida’s relative bargaining position during additional settlement negotiations. Under the likely settlement structure for the cases, states and their political subdivisions are strongly incentivized to reach a joint resolution of all State and political subdivision claims. Joining with the State and other local government units means that the state and the political subdivisions will receive a substantially larger settlement amount if they are all parties to the settlement. Under this agreement, all settlement funds received by the State of Florida and its political Page 1 City of Clearwater Printed on 4/30/2021 File Number: 21-19 subdivisions must be utilized for strategies, programming and services used to expand the availability of treatment for individuals impacted by substance use disorders (Approved Purposes). A non-exclusive list of potential abatement programs and uses are included in Exhibits A and B to the agreement. These uses are intended to best serve the overall purpose and intention of this litigation, which is to abate the continuing public health crisis of opioid addiction within our communities. This Proposal divides all settlement funds between three funds: (1) the City/County Fund; (2) the Regional Fund; and (3) the State Fund. The City/County Fund consists of 15% of the total settlement amounts allocable to the State of Florida. These funds are distributed to all counties and qualifying municipalities in the State of Florida. The allocation of the City/County Fund between counties and municipalities is based on a model referred to as the “Negotiation Class Metrics.” This model was developed in the National Prescription Opiate MDL, and considers: (1) the amount of opioids shipped to the county; (2) the number of opioid deaths that occurred in that county; and (3) the number of people who suffer opioid use disorder in that county. The Regional Fund consists of a sliding scale between 30% and 40% of the total settlement amounts allocable to the State of Florida, with the largest percentages occurring in the immediate years after settlement and decreasing over time. In the case of counties with a population of over 300,000, and which satisfy other criteria regarding abatement infrastructure, (termed “Qualified Counties”) these funds are provided directly to the county. the definition of Qualified County requires that the county reach an agreement with at least some municipalities within the county as to how these funds are spent. Specifically, they must reach an agreement with a sufficient number of municipalities such that the aggregate population of municipalities which consent to the county’s use of these funds is more than half the aggregate population of individuals residing within municipalities in your County. The State Fund consists of the remaining 45% to 55% of the total settlement amounts allocable to the State of Florida, depending on the amount of the Regional Fund above. As with the City/County Fund and Regional Fund, these funds must be spent on Approved Purposes. The State and each local government must report its expenditures to the Department of Children and Families each year. This agreement also establishes an Opioid Abatement Taskforce or Council. The Taskforce or Council includes appointments from municipalities, qualified counties, and non-qualified counties. The purpose of the Opioid Abatement Taskforce or Council is to advise the Governor, Legislature, Florida’s Department of Children & Families and Local Governments on priorities that should be addressed as part of the opioid epidemic and to review how monies have been spent. Through the course of negotiating these settlements and this allocation agreement, outside counsel has sought to create a separate fund for the payment of attorneys’ fees. In this manner, the costs of attorneys’ fees are shared by both litigating and non-litigating entities, rather than paid directly from the recovery of litigating entities, as provided in the agreement or retainer. The proposal creates a fee fund of between 0-10% of the City/County fund, depending on the degree to which litigating local governments choose to participate in this settlement. Under this proposal, counsel must first attempt to obtain a legal fee from any national fee fund established as part of any settlement. If counsel is unable to obtain their full contracted fee from that fund, Page 2 City of Clearwater Printed on 4/30/2021 File Number: 21-19 counsel may then obtain additional funds from this separate fund. In most cases, this will result in a substantial reduction in the attorney’s fees to counsel from what is set forth in the agreement or retainer, and will avoid the necessity of counties and cities paying the higher contingency fee directly from their recovery. If we are not able to reach an agreement with the Attorney General's office, this may threaten the overall allocation of settlement proceeds to the State of Florida and its local governments. This is because the settlement agreement currently under negotiation incentivize states and local governments to reach allocation agreements and penalizes those that do not. Alternatively, there is a potential litigation risk that in the absence of an agreed upon allocation plan, the State may seek a declaration that only the State of Florida, and not its local governments, have standing to bring litigation on behalf of its citizens, threatening the ability of local governments to pursue their own lawsuits in this matter. Page 3 City of Clearwater Printed on 4/30/2021 Resolution 21-19 RESOLUTION NO. 21-19 A Resolution authorizing the City of Clearwater to join with the State of Florida and other local governmental units as a participant in the Florida Memorandum of Understanding and Formal Agreements implementing a Unified Plan. WHEREAS, the City of Clearwater has suffered harm from the opioid epidemic; WHEREAS, the City of Clearwater recognizes that the entire State of Florida has suffered harm as a result from the opioid epidemic; WHEREAS, the State of Florida has filed an action pending in Pasco County, Florida, and a number of Florida Cities and Counties have also filed an action In re: National Prescription Opiate Litigation, MDL No. 2804 (N.D. Ohio) (the “Opioid Litigation”) and City of Clearwater is a litigating participant in that action; WHEREAS, the State of Florida and lawyers representing certain various local governments involved in the Opioid Litigation have proposed a unified plan for the allocation and use of prospective settlement dollars from opioid related litigation; WHEREAS, the Florida Memorandum of Understanding (the “Florida Plan”) sets forth a framework of a unified plan for the proposed allocation and use of opioid settlement proceeds and it is anticipated that formal agreements implementing the Florida Plan will be entered into at a future date; and, WHEREAS, participation in the Florida Plan by a large majority of Florida cities and counties will materially increase the amount of funds to Florida and should improve Florida’s relative bargaining position during additional settlement negotiations; WHEREAS, failure to participate in the Florida Plan will reduce funds available to the State, City of Clearwater, and every other Florida city and county; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: SECTION 1. That the City of Clearwater finds that participation in the Florida Plan would be in the best interest of the City of Clearwater and its citizens in that such a plan ensures that almost all of the settlement funds go to abate and resolve the opioid epidemic and each and every city and county receives funds for the harm that it has suffered. SECTION 2. That the City of Clearwater hereby expresses its support of a unified plan for the allocation and use of opioid settlement proceeds as generally described in the Florida Plan, attached hereto as Exhibit “A.” SECTION 3. That Mayor Frank Hibbard is hereby expressly authorized to [LT18-9601-531/268702/1] 2 Resolution 21-19 execute the Florida Plan in substantially the form contained in Exhibit “A.” SECTION 4. That Mayor Frank Hibbard is hereby authorized to execute the any formal agreements implementing a unified plan for the allocation and use of opioid settlement proceeds that is not substantially inconsistent with the Florida Plan and this Resolution. SECTION 5. That the Clerk be and hereby is instructed to record this Resolution in the appropriate record book upon its adoption. SECTION 6. The clerk of City of Clearwater is hereby directed to furnish a certified copy of this Resolution to the Florida League of Cities and to: Attorney General Ashley Moody c\o John M. Guard The Capitol, PL-01 Tallahassee, FL 32399-1050 SECTION 7. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED this 6th day of May, 2021 CITY OF CLEARWATER, FLORIDA By: __________________________ Frank Hibbard Mayor Approved as to form: Attest: ___________________________ ___________________________ Pamela K. Akin Rosemarie Call City Attorney City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9437-21 Agenda Date: 5/3/2021 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 7.5 SUBJECT/RECOMMENDATION: Continued from March 4, 2021: Approve the contraction of the Clearwater Cay Community Development District and pass Ordinance 9437-21 on first reading. SUMMARY: CL Clearwater LP, a Delaware limited partnership; CL Clearwater LLC, a Delaware limited liability company, doing business in Florida as CL Tampa Clearwater LLC; CL Clearwater Owner 3 LLC, a Delaware limited liability company; CL Clearwater Owner 4 LLC, a Delaware limited liability company; CL Clearwater Owner 5 LLC, a Delaware limited liability company; and CL Clearwater Owner 6 LLC, a Delaware limited liability company, owners in Clearwater Cay Community Development District (Petitioners), a community development district established by Ordinance No. 7515-05, adopted on September 15, 2005 as amended by Ordinance 7564-05, adopted on January 19, 2006 of the City Council of Clearwater, Florida, and effective on that date (City Ordinance), have petitioned the City Council of the City of Clearwater, Florida (Council), through its Petition to Amend Clearwater Cay Community Development District (Petition), to contract by non- emergency ordinance, the boundaries of the Clearwater Cay Community Development District (District). The Petition is complete in that it meets the requirements of Section 190.046(1), Florida Statutes (2020). Appropriate city staff reviewed the application and determined it to be complete and sufficient. The costs to the City of Clearwater and government agencies from contraction of the District are nominal. There is no adverse impact on competition or employment from District contraction. The persons affected by contraction are the future landowners, present landowners, the City of Clearwater and its taxpayers, and the State of Florida. Methodology is as set forth in the Statement of Estimated Regulatory Costs (SERC) on file with the City. The SERC of the Petitioner pertaining to District contraction is complete and adequate, in that it meets the requirements of Section 120.541, Florida Statutes. Contraction of the District by this Ordinance, whose uniform general law charter is Sections 190.006 - 190.049, Florida Statutes, is subject to and not inconsistent with the Page 1 City of Clearwater Printed on 4/30/2021 File Number: 9437-21 local Comprehensive Plan of the City of Clearwater and with the State Comprehensive Plan. The area of land within the District as contracted is sufficient size, is sufficiently compact, and is sufficiently contiguous and has been developed as one functional, interrelated community. The area that is proposed to be served by the District after the contraction is amenable to separate special district government. Upon the effective date of this Ordinance. the Clearwater Cay Community Development District will cease to be duly and legally authorized to exist on the proposed Contraction Property and, as to the Contraction Property shall cease to exercise any of its general and special powers in accordance with, and as granted by, its uniform community development district charter as provided in Sections 190.006- 190.049, Florida Statutes. All notice requirements of law were met and complete notice was timely given. APPROPRIATION CODE AND AMOUNT: N/A Page 2 City of Clearwater Printed on 4/30/2021 Ordinance 9437-21 ORDINANCE NO. 9437-21 AN ORDINANCE O F T HE CIT Y O F CL E A RW A TE R, FL O RI DA , A ME NDI NG O RDI NA NCE 7 5 1 5 -05 A S A ME NDE D B Y O RDI NA NCE 7 564 -0 5, W HI CH E ST A B LI S HE D T HE CL E A RW ATE R CA Y CO MMUNI T Y DE V EL O P ME NT DI ST RICT , B Y CONTRACTING BOUNDARIES OF THE DISTRICT; DESCRIBING THE BOUNDARIES OF THE AREA REMOVED FROM THE DISTRICT AND DESCRIBING THE EXTERNAL BOUNDARIES OF THE CONTRACTED DISTRICT; PROVIDING THAT THE CITY MAY NOT AND SHALL NOT MODIFY OR DELETE ANY PROVISION OF THE DISTRICT CHARTER SET FORTH IN SECTIONS 190.006 - 190.049, FLORIDA STATUTES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, CL Clearwater LP, a Delaware limited partnership; CL Clearwater LLC, a Delaware limited liability company, doing business in Florida as CL Tampa Clearwater LLC; CL Clearwater Owner 3 LLC, a Delaware limited liability company; CL Clearwater Owner 4 LLC, a Delaware limited liability company; CL Clearwater Owner 5 LLC, a Delaware limited liability company; and CL Clearwater Owner 6 LLC, a Delaware limited liability company, (''Petitioners"), a community development district established by Ordinance No. 7515-05, adopted on September 15, 2005 as amended by Ordinance 7564-05, adopted on January 19, 2006 of the City Council of Clearwater, Florida, and effective on that date ("City Ordinance''), have petitioned the City Council of the City of Clearwater, Florida ("Council''), through its Petition to Amend Clearwater Cay Community Development District ("Petition"), to contract by non- emergency ordinance, the boundaries of the Clearwater Cay Community Development District ("District"); and WHEREAS, the Council, after proper published notice, conducted a local public, legislative and information-gathering ordinance hearing as required by law and hereby finds as follows: 1. The Petition is complete in that it meets the requirements of Section 190.046(1), Florida Statutes (2020), and all statements contained within the Petition are true and correct, 2. The appropriate staff persons of the City of Clearwater have reviewed the Petition and have found that it is complete and sufficient, 3. The costs to the City of Clearwater and government agencies from contraction of the District are nominal. There is no adverse impact on competition [GM20-0-018/264589/1] 2 Ordinance 9437-21 or employment from District contraction. The persons affected by contraction are the future landowners and present landowners within the Contracted District, the future landowners and present landowners within the Contraction Parcel, the City of Clearwater and its taxpayers, and the State of Florida. The SERC of the Petitioner pertaining to District contraction is complete and adequate, in that it meets the requirements of Section 120.541, Florida Statutes. 4. Contraction of the District by this Ordinance, whose uniform general law charter is Sections 190.006 - 190.049, Florida Statutes, is subject to and not inconsistent with the local Comprehensive Plan of the City of Clearwater and with the State Comprehensive Plan. 5. The area of land within the District as amended is part of a planned community. The Contraction Parcel is not currently anticipated to be part of the same planned community and is not being served by any services or facilities of the District. 6. The District as amended will continue to be of sufficient size and sufficiently compact and contiguous to be one functional and interrelated community. 7. The District issued capital improvement revenue bonds, the repayment of which is through special or non-ad valorem assessments levied against benefited properties within the District. 8. On October 19, 2016, the properties in the Contraction Parcel were released from any obligation related to the bonds through a Partial Release and Satisfaction of Lien. 9. Upon the effective date of this Ordinance. the Clearwater Cay Community Development District will cease to be duly and legally authorized to exist on the proposed Contraction Parcel and, as to the Contraction Parcel shall cease to exercise any of its general and special powers in accordance with, and as granted by, its uniform community development district charter as provided in Sections 190.006- 190.049, Florida Statutes. 10. All notice requirements of law were met and complete notice was timely given. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Clearwater that: SECTION ONE: DISTRICT NAME. The Community Development District as herein contracted will continue to be known as the "Clearwater Cay Community [GM20-0-018/264589/1] 3 Ordinance 9437-21 Development District." SECTION TWO: AUTHORITY FOR ORDINANCE. This Ordinance is adopted pursuant to Section 190.046(1)(a) and (l)(b). Florida Statutes (2020), and other applicable provisions of law. SECTION THREE: CONTRACTION OF DISTRICT: The Clearwater Cay Community Development District as created by Ordinance No. 7515-05 as amended by Ordinance No, 7564-05, is hereby contracted to exclude the Contraction Parcel, as described in the Petition, and the new, contracted boundaries of the Clearwater Cay Community Development District (excluding the Contraction Parcel) shall be comprised of the real property described in Exhibit A attached hereto and incorporated by reference herein. The District upon the effective date of this Ordinance, shall be duly and legally authorized to exist on all of the real property described on Exhibit A and to exercise all its general and special powers, in accordance with, and as granted by, its uniform community development district charter as provided in Sections 190.006 - 190.049, Florida Statutes, without question as to the District's contraction, and its continued rights. authority and power to exercise its limited powers under law. The District shall thereafter exercise no powers as to the Contraction Property. SECTION FOUR: STATUTORY PROVISIONS CONSTITUTING THE UNIFORM CHARTER DISTRICT. The Clearwater Cay Community Development District shall continue to be governed by the provisions of Chapter 190. Florida Statutes, specifically Sections 190.006 - 190.049, Florida Statutes, which constitutes its uniform charter created by general law. SECTION FIVE: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other ordinance or resolution of the City of Clearwater or other applicable law, the more restrictive shall apply. If any phase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION SIX: EFFECTIVE DATE. This ordinance becomes effective upon filing with the Florida Secretary of State. [GM20-0-018/264589/1] 4 Ordinance 9437-21 PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ Frank Hibbard Mayor Approved as to form: Attest: ____________________________ ____________________________ Pamela K. Akin Rosemarie Call City Attorney City Clerk [GM20-0-018/264589/1] Ordinance 9437-21 Exhibit A LEGAL DESCRIPTION OF CONTRACTED CDD __________________ A parcel of land in Sections 20 and 29, Township 29 South, Range 16 East, Pinellas County, Florida, being more particularly described as follows: Commence at the Southwest corner of said Section 20; thence along the South line of said Section 20, S89°19'48"E, a distance of 100.01 feet to the East right of way line of U.S. Highway 19 and the POINT OF BEGINNING; thence N01°26’21”E, along said East right of way line, a distance of 350.00 feet; thence S89°19'48”E parallel with said South line of Section 20, a distance of 175.00 feet to the Southeast comer of property conveyed in Official Records Book 13955, Page 418 of the Public Records of Pinellas County, Florida; thence N01°26’21”E, along the East line of said property, a distance of 200.00 feet to the Northeast comer of said property; thence N89°19'48"W, along the North line of said property, a distance of 175.00 feet to said East right of way line of U.S. Highway 19; thence N01°26'21"E, along said East right of way line, a distance of 73.79 feet to the Southwest corner of property conveyed in Official Records Book 13618, Page 304 of the Public Records of Pinellas County, Florida; thence S89°19'48"E, along the South line of said property, a distance of 210.24 feet to the Southeast corner of said property; thence N01°26'21"E, along the East line of said property, a distance of 179.82 feet to the Northeast comer of said property; thence N89°19'48”W, along the North line of said property, a distance of 210.24 feet to said East right of way line of U.S. Highway 19; thence N01°26’21”E, along said East right of way line, a distance of 361.95 feet; thence S89°26'50"E, a distance of 885.00 feet; thence S01°26'21”W, a distance of 572.00 feet; thence N89°19'48”W, a distance of 263.00 feet; thence S01°26'21”W, a distance of 246.00 feet; thence N89°19'48"W, a distance of 12.00 feet; thence S01°26'21"W, a distance of 349.37 feet to said South line of Section 20 and the North line of said Section 29; thence S89°19'48”E, along said South line and North line, a distance of 11.39 feet to Northeast corner of property conveyed in Official Records Book 10769, Page 1415 of the Public Records of Pinellas County, Florida; thence S00°27'22"E, for 43.51 feet to the Northwest corner of property conveyed in Official Records Book 13805, Page 313 of the Public Records of Pinellas County, Florida, said comer also being a point of intersection with a non-tangent curve concave to the South; thence Easterly along the arc of said curve with a radial bearing S00°27'51”E, and having a radius of 35.00 feet, a central angle of 14°51’42”, an arc length of 9.08 feet and a chord bearing S83°02’00”E, for 9.05 feet to the point of reverse curvature with a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 35.00 feet, a central angle of 13°43'39”, an arc length of 8.39 feet and a chord bearing S82°27'58"E, for 8.37 feet to the point of tangency; thence S89°19'48"E, for 111.84 feet to the point of intersection with a non-tangent curve concave to the Northwest; thence Easterly along the arc of said curve with a radial bearing N00°40'13"E, and having a radius of 55.50 feet, a central angle of 118°44'08", an arc length of 115.01 feet and a chord bearing N31°18'08"E, for 95.51 feet to the point of intersection with a non-tangent curve concave to the Northeast; thence Southeasterly along the arc of said curve with a radial bearing N61°56'04"E, and having a radius of 15.00 feet, a central angle of 46°10'01", an arc length of 12.09 feet and a chord bearing S51°08'57"E, for 11.76 feet to the point of compound curvature with a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 125.00 feet, a central angle of 56°40'40", an arc length of 123.65 feet and a chord bearing N77°25'43"E, for 118.67 feet to the point of reverse curvature with a curve concave to the Southeast; thence Northeasterly along the arc of said curve, having a radius of 303.00 feet, a central angle of 00°31'45", an arc length of 2.80 feet and a chord bearing N49°21'15”E, for 2.80 feet to the point of intersection with a non-tangent line; thence N40°22'52"W, for 14.84 feet to the point of intersection with a non-tangent curve concave to the Northwest; thence Northeasterly along the arc of said curve with a radial bearing N40°43'39"W, and having a radius of 74.87 feet, a central angle of 02°40'04", an arc length of 3.49 feet and a [GM20-0-018/264589/1] Ordinance 9437-21 chord bearing N47°56'19"E, for 3.49 feet to the point of reverse curvature with a curve concave to the Southeast; thence Northeasterly along the arc of said curve, having a radius of 234.00 feet, a central angle of 34°19'10", an arc length of 140.16 feet and a chord bearing N63°45'52"E, for 138.08 feet to the point of tangency; thence N80°55'27"E, for 97.25 feet; thence N56°01'58"E, for 40.45 feet; thence N78°50'41”E, for 127.14 feet; thence S78°23'09"E, for 24.44 feet; thence S11°52'40"E, for 9.10 feet; thence N79°23'05"E, for 49.80 feet; thence N10°51'19"W, for 10.82 feet; thence N42°27'28"E, for 66.63 feet; thence N35°48'02"E, for 134.85 feet; thence East, for 67.34 feet; thence S38°08'04"E, for 12.67 feet; thence East, for 68.14 feet; thence N54°10'51”E, for 17.03 feet; thence East, for 96.27 feet; thence N55°05'18"E, for 63.64 feet; thence East, for 25.42 feet to the point of curvature of a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 64.00 feet, a central angle of 39°42'28", an arc length of 44.35 feet and a chord bearing N70°08'46”E, for 43.47 feet to the point of reverse curvature with a curve concave to the South; thence Northeasterly along the arc of said curve, having a radius of 58.00 feet, a central angle of 36°55'37", an arc length of 37.38 feet and a chord bearing N68°45'21"E, for 36.74 feet to the point of reverse curvature with a curve concave to the Northwest; thence Easterly along the arc of said curve, having a radius of 54.00 feet, a central angle of 87°13'09", an arc length of 82.20 feet and a chord bearing N43°36'34"E, for 74.49 feet to the point of tangency; thence North, for 189.83 feet; thence S89°19'09"E, for 779.97 feet; thence S60°00'00"W, for 1333.52 feet; thence S89°19'48”E, for 209.91 feet; thence S24°54'45"W, for 343.41 feet to the point of intersection with a non-tangent curve concave to the Southeast; thence Southwesterly along the arc of said curve with a radial bearing S52°36'11"E, and having a radius of 1577.45 feet, a central angle of 13°22'27”, an arc length of 368.22 feet and a chord bearing S30°42'35"W, for 367.38 feet to the point of intersection with a non-tangent line; thence N89°04'26"W, for 829.18 feet to the Southeast corner of property conveyed in Official Records Book 10769, Page 1415 of the Public Records of Pinellas County, Florida; thence N89°21'00"W, along the South line of said property, a distance of 635.75 feet to said East right of way line of U.S. Highway 19; thence N00"51'16"E, along said East right of way line, 627.67 feet to the said POINT OF BEGINNING; LESS AND EXCEPT the following described parcel: A parcel of land lying in the Southwest 1/4 of the Southwest 1/4 of Section 20, Township 29 South, Range 16 East, Pinellas County, Florida, per Official Records Book 9527, Page 480, Public Records of Pinellas County, Florida, being more particularly described as follows: Commence at the Southwest corner of said Section 20 and run South 89°19'48" East, 100.00 feet to the East right-of-way line of U.S. Highway 19; thence North 01°26'21" East along said East right-of-way line, 5.00 feet to the POINT OF BEGINNING; thence continue North 01°26'21" East, along said East right-of-way line, 345.00 feet; thence South 89°19'48" East, 252.55 feet; thence South 01°26'21" West, 345.00 feet; thence North 89°19'48" West, 252.55 feet to the POINT OF BEGINNING. AND FURTHER LESS AND EXCEPT the following described parcel: A PARCEL OF LAND IN SECTION 20, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 20; THENCE ALONG THE SOUTH LINE OF SAID SECTION 20, S.89°19'48"E., A DISTANCE OF 100.01 FEET, TO THE EAST RIGHT OF WAY LINE OF U.S. HIGHWAY 19; THENCE N.01°26'21"E., ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 5.00 FEET; THENCE S.89°19'48"E., ALONG A LINE THAT IS 5.00 FEET NORTH OF AND PARALLEL WITH SAID SOUTH LINE OF SECTION 20, A DISTANCE OF 252.55 FEET, TO THE SOUTHEAST CORNER OF PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 9527, PAGE 480 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND THE [GM20-0-018/264589/1] Ordinance 9437-21 POINT OF BEGINNING; THENCE N.01°26'21"E., ALONG THE EAST LINE OF SAID PROPERTY, A DISTANCE OF 345.00 FEET, TO THE NORTHEAST CORNER OF SAID PROPERTY; THENCE N.89°19'48"W., ALONG THE NORTH LINE OF SAID PROPERTY, A DISTANCE OF 77.55 FEET, TO THE SOUTHEAST CORNER OF PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 13955, PAGE 418 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE N.01°26'21"E., ALONG THE EAST LINE OF SAID PROPERTY, A DISTANCE OF 200.00 FEET, TO THE NORTHEAST CORNER OF SAID PROPERTY; THENCE N.89°19'48"W., ALONG THE NORTH LINE OF SAID PROPERTY, A DISTANCE OF 175.00 FEET, TO SAID EAST RIGHT OF WAY LINE OF U.S. HIGHWAY 19; THENCE N.01°26'21"E., ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 73.79 FEET, TO THE SOUTHWEST CORNER OF PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 13618, PAGE 2304 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE S.89°19'48"E., ALONG THE SOUTH LINE OF SAID PROPERTY, A DISTANCE OF 210.24 FEET, TO THE SOUTHEAST CORNER OF SAID PROPERTY; THENCE N.01°26'21"E., ALONG THE EAST LINE OF SAID PROPERTY, A DISTANCE OF 179.82 FEET, TO THE NORTHEAST CORNER OF SAID PROPERTY; THENCE N.89°19'48"W., ALONG THE NORTH LINE OF SAID PROPERTY, A DISTANCE OF 210.24 FEET, TO THE NORTHWEST CORNER OF SAID PROPERTY, SAME BEING A POINT ON THE SAID EAST RIGHT OF WAY LINE OF U.S. HIGHWAY 19; THENCE N.01°26'21"E., ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 361.95 FEET, TO THE SOUTHWEST CORNER OF PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 9842, PAGE 1005 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE S.89°26'50"E., ALONG SAID SOUTH LINE AND THE EASTERLY EXTENSION THEREOF, A DISTANCE OF 885.02 FEET, TO THE NORTHWEST CORNER OF THE GRAND BELLAGIO AT BAYWATCH CONDOMINIUMS, AS RECORDED IN CONDOMINIUM PLAT BOOK 129, PAGE 001 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE ALONG THE WESTERLY LINE OF SAID PLAT S.01°26'21"W. FOR 572.00 FEET; THENCE N.89°19'48"W. FOR 263.00 FEET; THENCE S.01°26'21"W. FOR 246.00 FEET; THENCE N.89°19'48"W. FOR 12.00 FEET; THENCE S.01°26'21"W. FOR 205.92 FEET; THENCE N.88°34'42"W., 200.38 FEET; THENCE S.01°25'18"W., 141.08 FEET; THENCE N.89°19'48"W., ALONG A LINE THAT IS 5.00 FEET NORTH OF AND PARALLEL WITH THE SAID SOUTH LINE OF SECTION 20, A DISTANCE OF 157.10 FEET, TO THE POINT OF BEGINNING. Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community Subject Area Future Land Use (CG) Commercial General (P) Preservation (RL) Residential Low (RM) Residential Medium (T/U) Transportation/Utility (US 19-C) US 19 Corridor (US 19-NC) US 19 Neighborhood Center (WATER) Water Exhibit 5 - Future Land Use ¹Map not to scale 1 inch equals 625 feet¹ PETITION TO WITHDRAW PROPERTY/AMEND THE BOUNDARY OF THE CLEARWATER CAY COMMUNITY DEVELOPMENT DISTRICT Submitted by: Scott D. Clark Florida Bar No. 295752 Clark & Albaugh, LLP 700 West Morse Boulevard, Suite 101 Winter Park, Florida 32789 (407) 647-7600 Attorneys for Petitioner/Owner FYI :L1:etM # I 5 J 5 cf\ I C ~fAL~) 9( ')actj ZOO5' PETITION TO ESTABLISH j v:; i.. "-' '1 ~.Q' tG' THE CLEARWATER CAY CLUB COMMUNITY DEVELOPMENT DISTRICT Submitted to the City of Clearwater, Florida City Council PREPARED BY: Thomas A. Cloud Frank Fleischer GrayRobinson, P .A. 301 East Pine Street, Suite 1400 Orlando, FL 32801 407) 244-5624 1.Petition Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I INDEX Clearwater Cay Club Community Development District Survey Legal Description of the Land Comprising the Clearwater Cay Club Community Development District Clearwater Cay Club Community Development District Consent of Land Owners Clearwater Cay Club Community Development District Board of Supervisors Maps showing current major trunk water mains,sewer interceptors and outfalls Clearwater Cay Club Community Development District Preliminary Infrastructure Cost Opinion Statement of Estimated Regulatory Costs (SERC) Maps (including Aerial. Water Park, Overall Master Plan, Site Plan, Future Land Use, Zoning and narrative) Authorization of Agent - W. Scott Callahan, Esquire and Thomas A. Cloud. Esquire 2.Notice of Public Hearing 364630 v1 RECEIVED MAR 0 7 2005 ITY ATTORNFv 1 BEFORE THE CITY COUNCIL CITY OF CLEARWATER, FLORIDA IN RE: PROPOSED ORDINANCE PURSUANT ) TO SECTION 190.005(2), FLORIDA STATUTES, ) TO ESTABLISH THE CLEARWATER CAY CLUB ) COMMUNITY DEVELOPMENT DISTRICT ) PETITION FOR ESTABLISHMENT OF CLEARWATER CAY CLUB COMMUNITY DEVELOPMENT DISTRICT Petitioner, DC703, LLC, a Florida limited liability company, petitions the City Council of the City of Clearwater, Florida, pursuant to the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes, and Florida Administrative Code 42-1 to adopt an ordinance establishing a community development district to be known as Clearwater Cay Club Community Development District (the District") and designating the land area for which the District would manage and finance the delivery of basic services. In support of this Petition, Petitioner states as follows: 1. Petitioner. Petitioner is a Florida limited liability company with its offices located at 2704 Via Murano, Clearwater, Florida 33764. 2. Location and Size. The land area to be served by the proposed District contains approximately 40.339 acres. All of the land in the proposed District lies within the territorial limits of the incorporated area of the City of Clearwater, Pinellas County, Florida, located generally in the area east of US Highway 19 and north of State Road 60. A description of a survey of the land prepared by Post Buckley Schuh and Jernigan, Inc. is attached hereto as Exhibit "A" and the original of the survey is delivered to the City of Clearwater with this Petition and incorporated herein by reference. A metes and bounds legal description of the external boundaries of the District is attached as Exhibit B" and incorporated herein by reference. 3. Land Owner Consent and Address. Petitioner either owns, controls, or has consent to file for 1 00% of the real property located within the proposed District. Attached hereto as Exhibit "C" and incorporated herein by reference is the written consent to the establishment of the District by the land owners as defined in Section 190.003(13), Florida Statutes, of one hundred percent (100%) of the real property to be included in and served by the District. 4. Board Members. The five persons designated to serve as the initial members of the Board of Supervisors of the District are identified on Exhibit "0" attached hereto and incorporated herein by this reference. These initial Supervisors shall serve on the Board until replaced by elected members as provided by Section 355599 vI 190.006, Florida Statutes. All of the initial Supervisors are residents of the State of Florida and citizens of the United States of America. 5. Name. The proposed name of the District is Clearwater Cay Club Community Development District. 6. Water and Sewer. The major trunk water mains, sewer interceptors and outfalls currently in existence on the property or adjacent to the property to be served by the District are identified on Exhibit "E" attached hereto and incorporated herein by reference. 7. District Facilities and Services. The proposed District is seeking to be granted the right to exercise all the powers provided for in Section 190.011 and 190.012, Florida Statutes. Based upon available data, the proposed time tables and related estimates of cost to construct District services and facilities, based upon available data, are attached as Composite Exhibit "F" and incorporated herein by this reference. As provided by Chapter 190, Florida Statutes, these estimates are submitted in good faith but are not binding and may be subject to change. 8. Statement of Estimated Reaulatorv Costs. The statement of estimated regulatory costs of the granting of this Petition and the establishment of the District pursuant thereto is attached as Exhibit "G" and incorporated herein by this reference. 9. land Uses. The future general distribution, location and extent of public and private uses of land proposed for the area within the District have been incorporated into the adopted Clearwater Comprehensive Policy Plan. The proposed land uses are consistent with ClearWater's Comprehensive Policy Plan. A copy of the future land use map containing the pertinent portion of the Clearwater Comprehensive Land Use Plan is attached as Exhibit "H" and incorporated herein by reference. 1 O. Address of the Petitioner and its Authorized Aaent. The address of Petitioner is: DC703, LLC 2704 Via Murano Clearwater, Florida 33764 Attention: Dave Clark The authorized agent for the Petitioner is: W. Scott Callahan, Esquire Stump, Storey & Callahan 37 N. Orange Ave., Suite 200 Orlando,FL 32801 Thomas A. Cloud, Esquire GrayRobinson, P.A. 355599 vi 2 301 East Pine St., Suite 1400 Orlando, Florida 32801 An Authorization of Agent is attached to and incorporated in this Petition as Exhibit "I". 11. Justification Statement. This Petition to establish the Clearwater Cay Club Community Development District includes property within the proposed District which is amenable to operating as a community development - district and, therefore, should be granted, for the following reasons: a) The area of land within the proposed District is part of a planned community, for which planned unit development approval has been received from the City. The property to be included in the District is of sufficient size and is sufficiently contiguous and compact to be developed as one functional and interrelated community and the District is planned to be developed as such. The area to be served by the proposed District is amenable to separate special district government. b) Establishment of the District and all land uses and services planned within the proposed District are not inconsistent with the applicable elements or portions of the Clearwater Comprehensive Plan or the State Comprehensive Plan. c) The proposed District will be the best alternative available for delivering community development services to the area to be served because the District provides a governmental entity for delivering those services and facilities in a manner that does not financially impact persons residing outside the proposed District and provides a responsible perpetual entity capable of making reasonable provisions for the operation and maintenance of District services and facilities in the future. The establishment of the District will prevent the general body of taxpayers in Clearwater from bearing the burden for installation of the infrastructure and the maintenance of the above-described facilities within the development encompassed by the proposed District. d) The community development services of the proposed District will be compatible with the capacity and use of existing local and regional services and facilities, allows for a more efficient use of resources, provides the opportunity for new growth to pay for itself, and provides a perpetual entity capable of making reasonable provisions for the operation and maintenance of the District services and facilities. 12. Supplemental Petition. A supplemental petition will be filed containing prefiled testimony for the public hearing and any other pertinent information, data, or analysis requested by the City of Clearwater. WHEREFORE, Petitioner respectfully requests the City Council of the City of Clearwater to: 355599 vI 3 a) Schedule a public hearing in accordance with the requirements of Chapter 190, Florida Statutes, to consider the establishment of the Clearwater Cay Club Community Development District; b) Grant the petition and adopt an ordinance pursuant to Chapter 190, Florida Statutes, establishing the Clearwater Cay Club Community Development District; and c) Consent to the District's exercise of its statutory powers which includes all powers set forth in Sections 190.011 and 190.012, Florida Statutes. RESPECTFULLY SUBMITTED, this In day of (YJ~c..(+ ,2005. ROB~ON, P. . C{. Thomas A. Cloud, Esquire 301 East Pine Street, Suite 14 Orlando, FL 32801 407 -843-8880 355599 vI 4 EXHIBIT "A" CLEARWATER CAY CLUB COMMUNITY DEVELOPMENT DISTRICT SURVEY The survey is attached and has been submitted to the City of Clearwater. . I .!. Ull~Ni . , ! 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I ~ I L II't.IOS U"tJ.1 1...11IM i..1, i I~A\'MHOIH.s.n'8S~ !.I."'.LS g ~~ l"3~ a w I I ~~ i .; h! ~l 0 :~8 3~ ~ ~~~ ~ 0 il & !a. ~ ~ l/!; ~ o.~ = ~ U! ~ ig ~$!:~ f __ h 8~ It ~ ;I i~ I~( ~ ~ i :nH;; ~ i a:g ~f ..;~g' ; ~ I~nI I I I I i~ 0. II i II II m /I! 0' oo~1 J 80'''10 2: 1 II Ii li iE Ii! EXHIBIT 4 wi ~ EI~g ~~ a ii .~J.~ goO: 0 !h i U h ~. h8 0 i~~~ ~g~ inii. ~u d~~ ~h d/(g8 1 ~ill I ~ H U i 0. 3 ill' ~~' 5'" - EXHIBIT "B" LEGAL DESCRIPTION OF THE LAND COMPRISING THE CLEARWATER CAY CLUB COMMUNITY DEVELOPMENT DISTRICT LEGAL DESCRIPTION: A parcel of land in Section 20, Township 29 South, Range 16 East, Pinellas County, Florida, being more particularly described as follows: Commence at the Southwest corner of said Section 20; thence along the South line of said Section 20, S89019'48"E, a distance of 100.01 feet to the East right of way line of U.S. Highway 19; thence N01026'21"E, along said East right of way line, a distance of 5.00 feet; thence S89019'48"E, parallel with said South line of Section 20, a distance of 252.55 feet to the Southeast corner of property conveyed in Official Records Book 9527, Page 480 of the Public Records of Pinellas County, Florida and the POINT OF BEGINNING; thence N01026'21"E, along the East line of said property, a distance of 345.00 feet to the Northeast corner of said property; thence N89019' 48"W, along the North line of said property, a distance of 77.55 feet to the Southeast corner of property conveyed in Official Records Book 13955, Page 418 of the Public Records of Pinellas County, Florida; thence N01026'21"E, along the East line of said property, a distance of 200.00 feet to the Northeast corner of said property; thence N89019'48"W, along the North line of said property, a distance of 175.00 feet to said East right of way line of U.S. Highway 19; thence N01026'21"E, along said East right of way line, a distance of 73.79 feet to the Southwest corner of property conveyed in Official Records Book 13618, Page 304 of the Public Records of Pinellas County, Florida; thence S89019' 48"E, along the South line of said property, a distance of 210.24 feet to the Southeast corner of said property; thence N01026'21"E, along the East line of said property, a distance of 179.82 feet to the Northeast corner of said property; thence N89019'48"W, along the North line of said property, a distance of 210.24 feet to said East right of way line of U.S. Highway 19; thence N01026'21"E, along said East right of way line, a distance of 361.95 feet; thence S89026'50"E, a distance of 885.00 feet; thence SOl026'21"W, a distance of 572.00 feet; thence N89019'48"W, a distance of 263.00 feet; thence SOl026'21"W, a distance of 246.00 feet; thence N89019'48"W, a distance of 12.00 feet; thence SOl026'21"W, a distance of 344.37 feet to a point 5.00 feet North of said South line of Section 20; thence N89019'48"W, parallel with said South line, a distance of 357.45 feet to the POINT OF BEGINNING. Containing 16.265 acres, more or less. TOGETHER WITH A tract of land lying within Sections 20 and 29, Township 29 South, Range 16 East, Pinellas County, Florida and being more particularly described as follows: Commence at the Southwest corner of said Section 20; thence along the South line of said Sect,ion 20, S89019'48"E, for 721.40 feet; thence S00027'22"E, for 43.51 feet to the POINT OF BEGINNING, said point also being a point of intersection with a non-tangent curve concave to the South; thence Easterly along the arc of said curve with a radial bearing S00027'51"E, and having a radius of 35.00 feet, a central angle of 14051' 42", an arc length of 9.08 feet and a chord bearing S83002'00"E, for 9.05 feet. to the point of reverse curvature with a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 35.00 feet, a central angle of 13043'39", an arc length of 8.39 feet and a chord bearing S82027'58"E, for 8.37 feet to the point of tangency; thence S89019'48"E, for 111.84 feet to the point of intersection with a non-tangent curve concave to the Northwest;-thence Easterly along the arc of said curve with a radial bearing N00040'13"E, and having a radius of 55.50 feet, a central angle of 118044'08", an arc length of 115.01 feet and a chord bearing N31018'08"E, for 95.51 feet to the point of intersection with a non-tangent curve concave to the Northeast; thence Southeasterly along the arc of said curve with a radial bearing N61 0 56' 04 "E, and having a radius of 15.00 feet, a central angle of 46010'01", an arc length of 12.09 feet and a chord bearing S51008'57"E, for 11.76 feet to the point of compound curvature with a curve concave to the North; ll EXHIBIT thence Easterly along the arc of said curve, having a radius of 125.00 feet, a central angle of 56040'40", an arc length of 123.65 feet and a chord bearing N77025'43"E, for 118.67 feet-to the point of reverse curvature with a curve concave to the Southeast; thence Northeasterly along the arc of said curve, having a radius of 303.00 feet, a central angle of 00031'45", an arc length of 2.80 feet and a chord bearing N49021'15"E, for 2.80 feet to the point of intersection with a non-tangent line; thence N40022'52"W, for 14.84 feet to the point of intersection with a non-tangent curve concave to the Northwest; thence Northeasterly along the arc of said curve with a radial bearing N40043'39"W, and having a radius of 74.87 feet, a central angle of 02040'04", an arc length of 3.49 feet and a chord bearing N47056'19"E, for 3.49 feet to the point of reverse curvature with a curve concave to the Southeast; thence Northeasterly along the arc of said curve, having a radius of 234.00 feet, a central angle of 34019'10", an arc length of 140.16 feet and a chord bearing N63045'52"E, for 138.08 feet to the point of tangency; thence N80055'27"E, for 97.25 feet; thence N56001'58"E, for 40.45 feet; thence N78050'41"E, for 127.14 feet; thence S78023'09"E, for 24.44 feet; thence Sl1052'40"E, for 9.10 feet; thence N79023'05"E, for 49.80 feet; thence Nl0051'19"W, for 10.82 feet; thence N42027'28"E, for 66.63 feet; thence N35048'02"E, for 134.85 feet; thence East, for 67.34 feet; thence S38008'04"E, for 12.67 feet; thence East, for 68.14 feet; thence N54010'51"E, for 17.03 feet; thence East, for 96.27 feet; thence N55005'18"E, for 63.64 feet; thence East, for 25.42 feet to the point of curvature of a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 64.00 feet, a central angle of 39042'28", an arc length of 44.35 feet and a chord bearing N70008'46"E, for 43.47 feet to the point of reverse curvature with a curve concave to the South; thence Northeasterly along the arc of said curve, having a radius of 58.00 feet, a central angle of 36055'37", an arc length of 37.38 feet and a chord bearing N68045'21"E, for 36.74 feet to the point of reverse curvature with a curve concave to the Northwest; thence Easterly along the arc of said curve, having a radius of 54.00 feet, a central angle of 87013'09", an arc length of 82.20 feet and a chord bearing N43036'34"E, for 74.49 feet to the point of tangency; thence North, for 189.83 feet; thence S89019'09"E, for 779.97 feet; thence S60000'00"W, for 1333.52 feet; thence S89019'48"E, for 209.91 feet; thence S24054'45"W, for 343.41 feet to the point of intersection with a non-tangent curve concave to the Southeast; thence Southwesterly along the arc of said curve with a radial bearing S52036'11"E, and having a radius of 1577.45 feet, a central angle of 13022'27", an arc length of 368.22 feet and a chord bearing S300 42' 35"W, for 367.38 feet to the point of intersection with a non-tangent line; thence N89004'26"W, for 829.18 feet; thence N00027'22"W, for 584.06 feet to the POINT OF BEGINNING. Containing 24.074 acres, more or less. TOGETHER WITH an easement for ingress, egress, drainage and utilities created by . documents recorded in Official Records Book 10958, Page 299, Official Records Book 12557, Page 2644, and Official Records Book 10784, Page 1247 of the Public Records of Pinellas County Florida, over the following described parcel: A tract of land lying in Sections 20 and 29, Township 29 South, Range 16 East, Pinellas County, Florida, being further described as follows: Commence at the Southwest corner of said Section 20; thence S89019'48"E, along the South line of said Section 20 and the North line of said Section 29, a distance of 100.01 feet to the East right of way line of U.S. Highway 19 and the POINT OF BEGINNING; thence N01026'21"E, along said East right of way line, a distance of 5.00 feet; thence S89019'48"E, parallel with said South line of Section 20, a distance of 610.00 feet; thence SOl026'21"W, a distance of 5.00 feet to the North line of said Section 29; thence S89019'48"E, along said North line, a distance of 5.89 feet to a point of intersection with a non-tangent curve concave to the Northwest; thence Northeasterly along the arc of said curve with a radial bearing N35013'11"W, and having a radius of 35.00 feet, a central angle of 300 38' 59", an arc length of 18.72 feet and a chord bearing N39027'06"E, for 18.50 feet to the point of reverse curvature with a curve concave to the Southeast; thence Northeasterly along the arc of said curve, . having a radius of 45.00 feet, a central angle of 660 32' 19" an arc length of 52.26 feet and a chord bearing N57024'02"E, for 49.37 feet to the point of tangency; thence S89019'48"E, for 15.64 feet to the point of curvature of a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 50.00 feet, a central angle of 390 25' 12", an arc length of 34.40 feet and a chord bearing N70057'37"E, for 33.73 feet to the point of a reverse curve concave to the West; thence Southeasterly along the arc of said curve, having a radius of 55.50 feet, a central angle of 2190 25' 12", an arc length of 212.54 feet and a chord bearing S19002' 23"E, for 104.50 feet to the point of tangency; thence N89019'48"W, for 111.84 feet to the point of curvature of a curve concave to the North; thence Westerly along the arc of said curve, having a radius of 35.00 feet, a central angle of 130 43' 39", an arc length of 8.39 feet and a chord bearing N82027'58"W, for 8.37 feet to the point of reverse curvature with a curve concave to the South; thence Westerly along the arc of said curve, having a radius of 35.00 feet, a central angle of 140 51' 42", an arc length of 9.08 feet and a chord bearing N83002'00"W, for 9.05 feet to a point of intersection with a non-tangent line; thence S00027'22"E, for 6.50 feet; thence N89019'48"W, parallel with said North line, a distance of 382.87 feet; thence S76044'53"W, a distance of 57.73 feet; thence S87033'00"W, a distance of 57.06 feet; thence N89019'48"W, parallel with said North line, a distance of 126.71 feet to said East right of way line of U.S. Highway 19; thence N00051'16"E, along said East right of way line, a distance of 67.00 feet to the POINT OF BEGINNING. EXHIBIT "C" CLEARWATER CAY CLUB COMMUNITY DEVELOPMENT DISTRICT CONSENT OF LAND OWNERS CONSENT AND JOINDER TO PETITION TO ESTABLISH COMMUNITY DEVELOPMENT DISTRICT Grand Venezia Clearwater, LLC, a Florida limited liability company, by and through the undersigned hereby agrees and consents to the establishment of a community development district with authority to exercise all special and general powers upon the lands described in Exhibit "A" attached hereto, pursuant to Chapter 190, Florida Statutes. By: GRAND VENEZIA CLEARWATER, LLC, a Florida limited liability company By: SUNVEST RESORT COMMUNITIES, LC, a Florida Limited liability company, as its Manager STATE OF FLOl1lDA COUNTY OF (?nA;\;iIitrcC J.J.T 1 The foregoing instrument was acknowledged before me this 2!:1....:.. day of JJ2bJ.f a...~ ,2005 by Harvey Birdman, as Manager of SUNVEST RESORT C MUNITIES, LC, a Florida limited liability company, Manager of GRAND VENEZIA CLEARWATER, LLC, a Florida limited . liability company, by who is personally known to me or who has produced- as identification. P~ R'-' C' tjor'" Public State 01 Florida Notal'j r~~r. "A Alvarez 7 M~'con'r...\SSlon DD21J84 22J'''''''7 E.~plieS \JV LVV' 1~. - . i J') Signat~t ry, A12iLt if-( ,4) LtLfQl Printed Name of Notary Commission Expires: b!iJf1?i1lWI {), 363309 v1 Iii iE EXHIBIT C LEGAL DESCRIPTION: A parcel of land in SectioIl 20, Township 29 South, Range 16 East, Pinellas County, Florida, being more particularly described as follows: Commence at the Southwest corner of said Section 20; thence along the South line of said Section 20, S89019'48"E, a distance of 100.01 feet to the East right of way line of U.S. Highway 19; thence N01026'21"E, along said East right of way line, a distance of 5.00 feet; thence S89019'48"E, parallel with said South line of Section 20, a distance of 252.55 feet to the Southeast corner of property conveyed in Official Records Book 9527, Page 480 of the Public Records of Pinellas County, Florida and the POINT OF BEGINNING; thence N01026'21"E, along the East line of said property, a distance of 345.00 feet to the Northeast corner of said property; thence N89019'48"W, along the North line of said property, a distance of 77.55 feet to the Southeast corner of property conveyed in Official Records Book 13955, Page 418 of the Public Records of Pinellas County, Florida; thence N01026'21"E, along the East line of said property, a distance of 200.00 feet to the Northeast corner of said property; thence N89019'48"W, along the North line of said property, a distance of 175.00 feet to said East right of way line of U.S. Highway 19; thence N01026'21"E, along said East right of way line, a distance of 73.79 feet to the Southwest corner of property conveyed in Official Records Book 13618, Page 304 of the Public Records of Pinellas County, Florida; thence S89019'48"E, along the South line of said property, a distance of 210.24 feet to the Southeast corner of said property; thence N01026'21"E, along the East line of said property, a distance of 179.82 feet to the Northeast corner of said property; thence N89019'48"W, along the North line of said property, a distance of 210.24 feet to said East right of way line of U.S. Highway 19; thence N01026'21riE, along said East right of way line, a distance of 361.95 feet; thence S89026'50"E, a distance of 885.00 feet; thence SOl026'21"W, a distance of 572.00 feet; thence N89019'48"W, a distance of 263.00 feet; thence SOl026'21"W, a distance of 246.00 feet; thence N89019'48"W, a distance of 12.00 feet; thence SOl026'21"W, a distance of 344.37 feet to a point 5.00 feet North of said South line of Section 20; thence N89019'48"W, parallel with said South line, a distance of 357.45 feet to the POINT OF BEGINNING. Containing 16.265 acres, more or less. TOGETHER WITH A tract of land lying within Sections 20 and 29, Township 29 South, Range 16 East, Pinellas County, Florida and being more particularly described as follows: Commence at the Southwest corner of said Section 20; thence along the South line of said Section 20, S89019'48"E, for 721.40 feet; thence S00027'22"E, for 43.51. feet to the POINT OF BEGINNING, said point also being a point of intersection with a non-tangent curve concave to the South; thence Easterly along the arc of said curve with a radial bearing S00027'51"E, and having a radius of 35.00 feet, a central angle of 14051' 42", an arc length of 9.08 feet and a chord bearing S83002'00"E, for 9.05 feet to the point of reverse curvature with a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 35.00 feet, a central angle of 13043'39", an arc length of 8.39 feet and a chord bearing S82027'58"E, for 8.37 feet to the point of tangency; thence S89019'48"E, for 111.84 feet to the point of intersection with a non-tangent curve concave to the Northwest; thence Easterly along the arc of said curve with a radial bearing N00040'13"E, and having a radius of 55.50 feet, a central angle of 118044'08", an arc length of 115.01 feet and a chord bearing N31018'08"E, for 95.51 feet to the point of intersection with a non-tangent curve concave to the Northeast; thence Southeasterly along the arc of said curve with a radial bearing N61 0 56' 04 "E, and having a radius of 15.00 feet, a central angle of 46010'01", an arc length of 12.09 feet and a chord bearing S51008'57"E, for 11.76 feet to the point of compound curvature with a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 125.00 feet, a central angle of 56040'40", an arc length of 123.65 feet and a chord bearing N77025'43"E, for 118.67 feet to the point of reverse curvature with a curve concave to the Southeast; thence Northeasterly along the arc of said curve, having a radius of 303.00 feet, a central angle of 00031'45", an arc length of 2.80 feet and a chord bearing N49021'15"E, for 2.80 feet to the point of intersection with a non-tangent line; thence N40022'52"W, for 14.84 feet to the point of intersection with a non-tangent curve concave to the Northwest; thence Northeasterly along the arc of said curve with a radial bearing N40043'39"W, and having a radius of 74.87 feet, a central angle of 02040'OA",an arc length of 3.49 feet and a chord bearing N47056'19"E, for 3.49 feet to the point of reverse curvature with a curve concave to the Southeast; thence Northeasterly along the arc of said curve, having a radius of 234.00 feet, a central angle of 34019'10", an arc length of 140.16 feet and a chord bearing N63045'52"E, for 138.08 feet to the point of tangency; thence N80055'27"E, for 97.25 feet; thence N56001'58"E, for 40.45 feet; thence N78050'41"E, for 127.14 feet; thence S7S023'09"E, for 24.44 feet; thence S11052'40"E, for 9.10 feet; thence N79023'05"E, for 49.80 feet; thence N10051'19"W, for 10.82 feet; thence N42027'28"E, for 66.63 feet; thence N35048'02"E, for 134.85 feet; thence East, for 67.34 feet; thence S38008'04"E, for 12.67 feet; thence East, for 68.14 feet; thence N54010'51"E, for 17.03 feet; thence East, for 96.27 feet; thence N55005'18"E, for 63.64 feet; thence East, for 25.42 feet to the point of curvature of a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 64.00 feet, a central angle of 39042'28", an arc length of 44.35 feet and a chord bearing N70008'46"E, for 43.47 feet to the point of reverse curvature with a curve concave to the South; thence Northeasterly along the arc of said curve, having a radius of 58.00 feet, a central angle of 36055'37", an arc length of 37.38 feet and a chord bearing N68045'21"E, for 36.74 feet to the point of reverse curvature with a curve concave to the Northwest; thence Easterly along the arc of said curve, having a radius of 54.00 feet, a central angle of 87013'09", an arc length of 82.20 feet and a chord bearing N43036'34"E, for 74.49 feet to the point of tangency; thence North, for 189.83 feet; thence S89019'09"E, for 779.97 feet; thence S60000'OO"W, for 1333.52 feet; thence S89019'48"E, for 209.91 feet; thence S24054'45"W, for 343.41 feet to the point of intersection with a non-tangent curve concave to the Southeast; thence Southwesterly along the arc of said curve with a radial bearing S52036'11"E, and having a radius of 1577.45 feet, a central angle of 13022'27", an arc length of 368.22 feet and a chord bearing S30042'35"W, for 367.38 feet to the point of intersection with a non-tangent line; thence N89004' 26"W, for 829.18 feet; thence N00027'22"W, for 584.06 feet to the POINT OF BEGINNING. Containing 24.074 acres, more or less. TOGETHER WITH an easement for ingress, egress, drainage and utilities created by documents recorded in Official Records Book 10958, Page 299, Official Records Book 12557, Page 2644, and Official Records Book 10784, Page 1247 of the Public Records of Pinellas County Florida, over the following described parcel: A tract of land lying in Sections 20 and 29, Township 29 South, Range 16 East, Pinellas County, Florida, being further described as follows: Commence at the Southwest corner of said Section 20; thence S89019'48"E, along the South line of said Section 20 and the North line of said Section 29, a distance of 100.01 feet to the East right of way line of U.S. Highway 19 and the POINT OF BEGINNING; thence N01 026' 21 "E, along said East right of way line, a distance of 5.00 feet; thence S89019'48"E, parallel with said South line of Section 20, a distance of 610.00 feet; thence SOl026'21"W, a distance of 5.00 feet to the North line of said Section 29; thence S89019'48"E, along said North line, a distance of 5.89 feet to a point of intersection with a non-tangent curve concave to the Northwest; thence Northeasterly along the arc of said curve with a radial bearing N35013'11"W, and having a radius.of 35.00 feet, a cenOtral angle of 300 38' 59", an arc length of 18.72 feet and a chord bearing N39027' 06"E, for 18.50 feet to the point of reverse curvature with a curve concave to the Southeast; thence Northeasterly along the arc of said curve, having a radius of 45.00 feet, a central angle of 660 32' 19" an arc length of 52.26 feet and a chord bearing N57024'02"E, for 49.37 feet to the point of tangency; thence S89019'48"E, for 15.64 feet to the point of curvature of a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 50.00 feet, a central angle of 390 25' 12", an arc length of 34.40 feet and a chord bearing N70057'37"E, for 33.73 feet to the point of a reverse curve concave to the West; thence Southeasterly along the arc of said curve, having a radius of 55.50 feet, a central angle of 2190 25' 12", an arc length of 212.54 feet and a chord bearing S19002'23"E, for 104.50 feet to the point of tangency; thence N89019'48"W, for 111.84 feet to the point of curvature of a curve concave to the North; thence Westerly along the arc of said curve, having a radius of 35.00 feet, a central angle of 130 43' 39", an arc length of 8.39 feet and a chord bearing N82 0 27' 58 "W, for 8.37 feet to the point of reverse curvature with a curve concave to the South; thence Westerly along the arc of said curve, having a radius of 35.00 feet, a central angle of 140 51' 42", an arc length of 9.08 feet and a chord bearing N83002'OO"W, for 9.05 feet to a point of intersection with a non-tangent line; thence S00027'22"E, for 6.50 feet; thence N89019'48"W, parallel with said North line, a distance of 382.87 feet; thence S76044'53"W, a distance of 57.73 feet; thence S87033'00"W, a distance of 57.06 feet; thence N89019'48"W, parallel with said North line, a distance of 126.71 feet to said East right of way line of U.S. Highway 19; thence N00051'16"E, along said East right of way line, a distance of 67.00 feet to the POINT OF BEGINNING. CONSENT AND JOINDER TO PETITION TO ESTABLISH COMMUNITY DEVELOPMENT DISTRICT DC703, LLC, a Florida limited liability company, by and through the undersigned hereby agrees and consents to the establishment of a community development district with authority to exercise all special and general powers upon the lands described in Exhibit "A" attached hereto, pursuant to Chapter 190, Florida Statutes. By: DC703, LLC, a Florida limited liability company F. Dave Clark, as Manager STATE OF FLORIDA COUNTY OF ~~-roe.. The foregoing instrument was acknowledged before me this ~\.s'-day of x::r~~-v~~ ,2005 by F. Dave Clark, as Manager of DC703, LLC, a Florida limited liability company, who is personally known to me or who has produced as identification. J~~ II ~~ Sig~otary t:~t"O-'" ~ ~~ Printed Name of Notary , Commission Expires: ~ ---~ ~ III'" DEBORAH A. SMITH fm\ Notlry Public ". Stlte of Florida Ioty Commission Expires Sep 30, 2005 W Commis&ion . 00056559 r..r,;.~ Bc~ded By Nelianal Notlry Assn. 363309 v1 jj EXHIBIT C/ LEGAL DESCRIPTION: A parcel of land in Section 20, Township 29 South, Range 16 East, Pinellas County, Florida, being more particularly described as follows: Commence at the Southwest corner of said Section 20; thence along the South line of said Section 20, S89019'48"E, a distance of 100.01 feet to the East right of way line of U.S. Highway 19; thence N01026'21"E, along said East right of way line, a distance of 5.00 feet; thence S89019'48"E, parallel with said South line of Section 20, a distance of 252.55 feet to the Southeast corner of p'roperty conveyed in Official Records Book 9527, Page 480 of the Public Records of Pinellas County, Florida and the POINT OF BEGINNING; thence NOlo 2 6' 21 "E, along the East line of said property, a distance of 345.00 feet to the Northeast corner of said property; thence N89019'48"W, along the North line of said property, a distance of 77.55 feet to the Southeast corner of property conveyed in Official Records Book 13955, Page 418 of the Public Records of Pinellas County, Florida; thence N01026'21"E, along the East line of said property, a distance of 200.00 feet to the Northeast corner of said property; thence N89019'48"W, along the North line of said property, a distance of 175.00 feet to said East right of way line of U.S. Highway 19; thence N01026'21"E, along said East right of way line, a distance of 7 3.79 feet to the Southwest corner of property conveyed in Official Records Book 13618, Page 304 of the Public Records of Pinellas County, Florida; thence S89019'48"E, along the South line of said property, a distance of 210.24 feet to the Southeast corner of said property; thence N01026'21"E, along the East line of said property, a distance of 179.82 feet to the Northeast corner of said property; thence N8 9019' 48 "W, along the North line of said property, a distance of 210.24 feet to said East right of way line of U.S. Highway 19; thence N01026'21"E, along said East right of way line, a distance of 361.95 feet; thence S89026'50"E, a distance of 885.00 feet; thence SOl026'21"W, a distance of 572.00 feet; thence N89019'48"W, a distance of 263.00 feet; thence SOl026'21"W, a distance of 246.00 feet; thence N89019'48"W, a distance of 12.00 feet; thence SOl026'21"W, a distance of 344.37 feet to a point 5.00 feet North of said South line of Section 20; thence N89019'48"W, parallel with said South line, a distance of 357.45 feet to the POINT OF BEGINNING. Containing 16.265 acres, more or less. TOGETHER WITH A tract of land lying within Sections 20 and 29, Township 29 South, Range 16 East, Pinellas County, Florida and being more particularly described as follows: Commence at the Southwest corner of said Section 20; thence along the South line of said Section 20, S89019'48"E, for 721.40 feet; thence S00027'22"E, for 43.51 feet to the POINT OF BEGINNING, said point also being a point of intersection with a non-tangent curve concave to the South; thence Easterly along the arc of said curve with a radial bearing S00027'51"E, and having a radius of 35.00 feet, a central angle of 14051'42", an arc length of 9.08 feet and a chord bearing S83002'OO"E, for 9.05 feet to the point of reverse curvature with a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 35.00 ,feet, a central angle of 13043'39", ah arc length of 8.39 feet and a chord bearing S82027'58"E, for 8.37 feet to the point of tangency; thence S89019'48"E, for 111.84 feet to the point of intersection with a non-tangent curve concave to the Northwest; thence Easterly along the arc of said curve with a radial bearing N00040'13"E, and having a radius of 55.50 feet, a central angle of 118044'08", an arc length of 115.01 feet and a chord bearing N31018'08"E, for 95.51 feet to the point of intersection with a non-tangent curve concave to the Northeast; thence Southeasterly along the arc of said curve with a radial bearing N61 0 56' 04 "E, and having a radius of 15.00 feet, a central angle of 46010'01", an arc length of 12.09 feet and a chord bearing S51008'57"E, for 11.76 feet to the point of compound curvature with a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 125.00 feet, a central angle of 56040'40", an arc length of 123.65 feet and a chord bearing N77025'43"E, for 118.67 feet to the point of reverse curvature with a curve concave to the Southeast; thence Northeasterly along the arc of said curve, having a radius of 303.00 feet, a central angle of 00031'45", an arc length of 2.80 feet and a chord bearing N49021'15"E, for 2.80 feet to the point of intersection with a non-tangent line; thence N40022'52"W, for 14.84 feet to the point of intersection with a non-tangent curve concave to the Northwest; thence Northeasterly along the arc of said curve with a radial bearing N40043'39"W, and having a radius of 74.87 feet, a central angle of 02040'04", .an arc length of 3.49 feet and a chord bearing N47056'19"E, for 3.49 feet to the point of reverse curvature with a curve concave to the Southeast; thence Northeasterly along the arc of said curve, having a radius of 234.00 feet, a central angle of 34019'10", an arc length of 140.16 feet and a chord bearing N63045'52"E, for 138.08 feet to the point of tangency; thence N80055'27"E, for 97.25 feet; thence N56001'58"E, for 40.45 feet; thence N78050'41"E, for 127.14 feet; thence S78023'09"E, for 24.44 feet; thence Sl1052'40"E, for 9.10 feet; thence N79023'05"E, for 49.80 feet; thence N10051'19"W, for 10.82 feet; thence N42027'28"E, for 66.63 feet; thence N35048'02"E, for 134.85 feet; thence East, for 67.34 feet; thence S38008'04"E, for 12.67 feet; thence East, for 68.14 feet; thence N54010'51"E, for 17.03 feet; thence East, for 96.27 feet; thence N55005'18"E, for 63.64 feet; thence East, for 25.42 feet to the point of curvature of a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 64.00 feet, a central angle of 39042'28", an arc length of 44.35 feet and a chord bearing N70008'46"E, for 43.47 feet to the point of reverse curvature with a curve concave to the South; thence Northeasterly along the arc of said curve, having a radius of 58.00 feet, a central angle of 36055'37", an arc length of 37.38 feet and a chord bearing N68045'21"E, for 36.74 feet to the point of reverse curvature with a curve concave to the Northwest; thence Easterly along the arc of said curve, having a radius of 54.00 feet, a central angle of 87013'09", an arc length of 82.20 feet and a chord bearing N43036'34"E, for 74.49 feet to the point of tangency; thence North, for 189.83 feet; thence S89019'09"E, for 779.97 feet; thence S60000'OO"W, for 1333.52 feet; thence S89019'48"E, for 209.91 feet; thence S24054'45"W, for 343.41 feet to the point of intersection with a non-tangent curve concave to the Southeast; thence Southwesterly along the arc of said curve with a radial bearing S52036'11"E, and having a radius of 1577.45 feet, a central angle of 13022'27", an arc length of 368.22 feet and a chord bearing S30042'35"W, for 367.38 feet to the point of intersection with a non-tangent line; thence N89004'26"W, for 829.18 feet; thence N00027'22"W, for 584.06 feet to the POINT OF BEGINNING. Containing 24.074 acres, more or less. TOGETHER WIT~ an easement for ingress, egress, drainage and utilities created by documents recorded in Official Records Book 10958, Page 299, Official Records Book 12557, Page 2644, and Official Records Book 10784, Page 1247 of the Public Records of Pinellas County Florida, over the following described parcel: A tract of land lying in Se~tions 20 and 29, Township 29 South, Range 16 East, Pinellas County, Florida, being further described as follows: Commence at the Southwest corner of said Section 20; thence S89019'48"E, along the South line of said Section 20 and the North line of said Section 29, a distance of 100.01 feet to the East right of way line of U.S. Highway 19 and the POINT OF BEGINNING; thence N01 026' 21 "E, along said East right of way line, a distance of 5.00 feet; thence S89019'48"E, parallel with said South line of Section 20, a distance of 610.00 feet; thence SOl026'21"W, a distance of 5.00 feet to the North line of said Section 29; thence S89019'48"E, along said North line, a distance of 5.89 feet to a point of intersection with a non-tangent curve concave to the Northwest; thence Northeasterly along the arc of said curve with a radial bearing N35013'11"W, and having a radius of 35.00 feet, a central angle of 300 38' 59", an arc length of 18.72 feet and a chord bearing N39027'06"E, for 18.50 feet to the point of reverse curvature with a curve concave to the Southeast; thence Northeasterly along the arc of said curve, having a radius of 45.00 feet, a central angle of 660 32' 19" an arc length of 52.26 feet and a chord bearing N57024'02"E, for 49.37 feet to the point of tangency; thence S89019'48"E, for 15.64 feet to the point of curvature of a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 50.00 feet, a central angle of 390 25' 12", an arc length of 34.40 feet and a chord bearing N70057'37"E, for 33.73 feet to the point of a reverse curve concave to the West; thence Southeasterly along the arc of said curve, having a radius of 55.50 feet, a central angle of 2190 25' 12", an arc length of 212.54 feet and a chord bearing S19002'23"E, for 104.50 feet to the point of tangency; thence N89019'48"W, for 111.84 feet to the point of curvature of a curve concave to the North; thence Westerly along the arc of said curve, having a radius of 35.00 feet, a central angle of 130 43' 39", an arc length of 8.39 feet and a chord bearing N82027' 58"W, for 8.37 feet to the point of reverse curvature with a curve concave to the South; thence Westerly along the arc of said curve, having a radius of 35.00 feet, a central angle of 140 51' 42", an arc length of 9.08 feet and a chord bearing N83002'00"W, for 9.05 feet to a point of intersection with a non-tangent line; thence S00027'22"E, for 6.50 feet; thence N89019'48"W, parallel with said North line, a distance of 382.87 feet; thence S76044'53"W, a distance of 57.73 feet; thence S87033'00"W, a distance of 57.06 feet; thence N89019'48"W, parallel with said North line, a distance of 126.71 feet to said East right of way line of U. S. Highway 19; thence N00051'16"E, along said East right of way line, a distance of 67.00 feet to the POINT OF BEGINNING. EXHIBIT "0" CLEARWATER CAY CLUB COMMUNITY DEVELOMENT DISTRICT BOARD OF SUPERVISORS 1. Darcy Edwards 2724 Via Murano, Unit 620 Clearwater, FL 33764 2. Gary Schwarz 2722 Via Tivoli, Unit 416A Clearwater, FL 33764 3. David Schwarz 2722 Via Tivoli, Unit 416A Clearwater, FL 33764 4. Cristal Coleman 2749 Via Cipriani, Unit 10158 Clearwater, FL 33764 5. Fred Clark, Sr. 2709 Via Cipriani, Unit 521A Clearwater, FL 33764 EXHIBIT ii i a;D EXHIBIT "E" MAPS SHOWING CURRENT MAJOR TRUNK WATER MAINS, SEWER INTERCEPTORS AND OUTFALLS I ' I w l!Ii ~ 11i ~:Ii: E ~a 1&, Qb tQ1 ~ '- 1>. \ r\\ '\ :~ I \ \~ t _ ~\ Jrr:Jl=---lI...tr-.~;j~ " ~.~ .1I I' I Ir-i I I I I \ ~ I I' ,_ ~. ~ I I rrb __I-I I __~ =) ___I II L.-A~~_::::J:~r ,II I ~~..... II III I '~ 11 III1 ,I I ~:I tl II I g; IIIIiliIII II I ,~ III II I,'" I I ~ 1t- 1 r-- -/- --71 I~I' _ II 'II - r - l I - -.... 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I ,', \ I I >>\ I J.~ ''\~\ 1rr(" I I I II I II "'1 II'r=j;="~ R"~ ..~ \ ~ I IIf----------->!'--., I )~ ~ II : : \ ~ ~ I,I : ,-= I I ILa \ -, /-.~ _J!--_.J'\.___~ \ II , MI.. ~ _ ~L_=-__ ~__ _____I L________~.... ______ , I -,,~ I I 1' ~ !I II I'" IIIIg; I I Jj I~, II '1 ill' II 1 .. I II "I r--tr----t IIIIII1 _~.p, I 1\ j I I: - - r~- _-- 't II I t--t---;::----:..------~~-t--:..-:..----~Lt-----i-=-=----- 11- I, ___ 1..~-_-.=,~~ ~__ _ _ _ _ _ _ ___ CD Q.. i I- t c:::~ I, 6~ A'v'MH8IH 's'n - 99 a'v'o~ 31'v'lS Jii QS Q) Ci :E t e I iI ~ i ~ In a @) J ~ IlUIi~ i!: I I E51 i ~ t ~ z ~ In II. r~ 0. I!! w UJ Ii o UJ i z y l a: Ii Iii c 3ffi0 I!! ::Ii ~ 2iJ U ~ I u ~ ~ l :l ": Ii ~i2 ~ g ~ u i 1 ~ II I a ~ DC703 COMMUNITY DEVELOPMENT DISTRICT PRELIMINARY INFRASTRUCTURE COST OPINION Grand Venezia Cay Club TOTAL WATER I WASTEWATER Stormwater System $198,000 $1,907,500 Seawalls $625,000 $725,000 Water Mains $99,000 $93,000 Reclaimed Water $0 $63,000 Sanitary I Lift Stations $592,100 $882,100 Utilities $312,500 $300,000 1,826,600 $3,970,600 $ 5,797,200 ROADWAYS .. Entryway Structures $50,000 $100,000 Road (4LD) $0 $149,600 Road (2L) $266,000 $105,000 Parking (On-Street) $574,800 $61,200 Lighting $175,000 $140,000 Plaza (3) $0 $294,532 Landscaping (Roads) $266,000 $391,083 Sidewalks $101,750 $24,100 1,433,550 $1,265,515 $ 2,699,065 RECREATION I WATERFRONT TennisNolleyball Courts $300,000 $300,000 Water Features (Fountains) $0 $700,000 Waterfront Theater $0 $850,000 Fountains $0 $960,000 Flower Garden $0 $225,000 Docks / Wharf / Promenade $750,000 $750,000 Bridges $0 $500,000 Kiosks $0 $150,000 Landscaping $0 $715,000 Pool $0 $270,000 Gazebo $50,000 $50,000 1,100,000 $5,470,000 $ 6,570,000 PARKING Parking Structures $0 $1,650,000 $ 1,650,000 SECURITY Guardhouses $50,000 $150,000 Walls $0 $6,500 50,000 $156,500 $ 206,500 4,410,150 $ 12,512,615 Note: This is a preliminary cost opinion only and is GRAND TOTAL: $ 16,922,765 based on information provided by the owner to date. For Informational Purposes Only. EXHIBIT f r r EXHIBIT "G" STATEMENT OF ESTIMATED REGULATORY COSTS (SERC) STATEMENT OF ESTIMATED REGULATORY COSTS 1.0 Introduction 1.1 Purpose and Scope This statement of estimated regulatory costs ("SERC") supports the petition to establish the Clearwater Cay Club Community Development District ("District"). The proposed District comprises approximately 40 +/- acres of land within the City of Clearwater, Florida on which approximately 195 residential villa units, 119 hotel-minium units, 17,278 S.F. of office space, 102,869 S.F. of retail space, 27,014 S.F. of restaurant space, parking and recreational facilities are planned for development. The aforementioned development program will be added to the 336 existing apartments. The limitations on the scope of this SERC are set out in Chapters 120 and 190 F.S. (2004) (specifically, Sections 190.005(1)(a)8, and 120.541(2)). Moreover, Section 190.002(2)(d), F.S. (2004), provides "that the process of establishing such a district pursuant to uniform general law shall be fair and based onlv on factors material to managing and financing the service delivery function of the district, so that any matter concerning permitting or planning of the development is not material or relevant emphasis added)." 1.2 Overview of the Clearwater Cay Club Community Development District The District is designed to provide community infrastructure, services, and facilities along with their operations and maintenance. The development plan for the proposed lands within the District includes the construction of approximately 195 residential villa units, 119 hotel-minium units, 17,278 S.F. of office space, 102,869 S.F. of retail space,27,014 S.F. of restaurant space, parking and recreational facilities. The 336 existing apartments will be renovated to compliment the newly constructed development program. 1.3 Requirements for the Statement of Estimated Regulatory Costs Section 120.541(2), F.S. (2004), defines the elements a statement of estimated regulatory costs must contain: a) A good faith estimate of the number of individuals and entities likely to be required to comply with the rule, together with a general description of the types of individuals likely to be affected by the rule. b) A good faith estimate of the cost to the agency, and to any other state and local government entities, of implementing and enforcing the proposed rule, and any anticipated effect on state and local revenues. c) A good faith estimate of the transactional costs likely to be incurred by individuals and entities, including local govermnental entities, required to comply with the requirements of 1 1 iis EXHIBIT the rule. As used in this paragraph, "transactional costs" are direct costs that are readily ascertainable based upon standard business practices, and include filing fees, the cost of obtaining a license, the cost of equipment required to be installed or used or procedures required to be employed in complying with the rule, additional operating costs incurred, and the cost of monitoring and reporting. d) An analysis of the impact on small businesses as defined by Section 288.703. F.S. 2004), and an analysis of the impact on small counties and small cities as defmed by Section 120.52, F.S. (2004). The City of Clearwater is not defined as a small city for purposes ofthis requirement. e) Any additional information that the agency determines may be useful. f) In the statement or revised statement, whichever applies, a description of any good faith written proposal submitted under paragraph (l)(a) and either a statement adopting the alternative or a statement of the reasons for rejecting the alternative in favor of the proposed ' rule. 2.0 A good faith estimate of the number of individuals and entities likely to be required to comply with the ordinance, together with a general description of the types of individuals likely to be affected by the ordinance. As noted above, Clearwater Cay Club is designed for approximately 336 apartments, 195 residential villa units, 119 hotel-minium units, 17,278 S.F. of office space, 102,869 S.F. of retail space, and 27,014 S.F. of restaurant space. Establishment of the District would put all of the households and businesses that locate within the community under the jurisdiction of the District. Of course, the decision to locate within the District is a voluntary one. 3.0 A good faith estimate of the cost to state and local government entities of implementing and enforcing the proposed ordinance, and any anticipated effect on state and local revenues. 3.1 Costs to Govermnental Agencies ofImplementing and Enforcing Ordinance State Govermnent Entities The District consists of fewer than 1,000 acres; therefore the City of Clearwater is the establishing entity under Section 190.005(2), F.S. (2004). There will be only modest costs to various State govermnental entities to implement and enforce the proposed establishment of the District. The modest costs to various State entities to implement and enforce the proposed ordinance relate strictly to receipt and processing of various reports that the proposed District is required to file with the State and its various entities. Appendix A lists the reporting requirements. The costs to those State agencies that will receive and process the District's reports are very small, because the District is only one of several hundred govermnental units that are required to submit the various reports. Therefore, the marginal cost of processing one additional set of reports is de minimis. Additionally, pursuant to Section 2 189.412, F.S. (2004) the proposed District must pay an annual fee to the State of Florida Department of Community Affairs to offset such costs. The City of Clearwater The land within the District is within the municipal limits of the City of Clearwater and consists of fewer than 1,000 acres. The Clearwater City Council and its staff will process, analyze, conduct a public hearing, and vote upon the petition to establish the District. These activities will absorb some resources. These costs to the City are modest for a number of reasons. First, review of the petition to establish the District does not include analysis of the project itself. Second, the petition itself provides much of the information needed for a staff review. Third, the City of Clearwater already possesses the staff needed to conduct the review without the need for new staff. Fourth, there is no capital required to review the petition. Fifth, local governments routinely process similar petitions for land uses and zoning changes that are far more complex than is the petition to establish a community development district. Finally, costs related to staff's time to process the petition to establish the District have been offset by a filing fee that will be paid to the City. The annual costs to the City, because of the establishment of the District, are also very small and within control of the City. The proposed District is an independent unit of local govermnent. The only annual costs the City faces are the minimal costs of receiving and to the extent it wishes, reviewing the various reports that the District is required to provide to the City. 3.2 Impact on State and Local Revenues Adoption of the proposed ordinance will have no negative impact on State or local revenues. The District is an independent unit of local govermnent with limited powers. It is designed by law to provide community facilities and services to the lands that comprise the Clearwater Cay Club Community. It has its own sources of revenue. No State or local subsidies are required or expected. In this regard it is important to note that any debt obligations incurred by the District to construct its infrastructure, or for any other reason, "are not debts of the State of Florida or any other unit of local govermnent. In accordance with State law, debts of the CDD are strictly its own responsibility. 4.0 A good faith estimate of the transactional costs likely to be incurred by individuals and entities required to comply with the requirements of the ordinance. Table 1 provides an outline of the various facilities and services the proposed District may provide. It is anticipated that the District will fund, own, operate, and maintain the community's recreational amenities, public parking, and security facilities. The District also plans to construct and fmance the internal roadway system, and potable water and wastewater utilities. It is anticipated that these facilities will be turned over to the City of Clearwater for ownership and maintenance. 3 Table 1. Clearwater Cay Club Community Development District Proposed Facilities and Services FACILITY FUNDEDI O&M OWNERSHIP CONSTRUCTED W ater/Wastewater CDD City of City of Clearwater Clearwater Roadways CDD City of City of Clearwater Clearwater Recreation CDD CDD CDD Parking CDD CDD CDD Security CDD CDD CDD The petitioner has estimated the costs for providing the capital facilities outlined in Table 1. The cost estimates are shown in Table 2 below. Total costs for these facilities are estimated to be approximately $16,922,765. To fund this construction program the District may issue special assessments or other revenue bonds estimated to total $22,000,000. These would be repaid through non-ad valorem assessments levied on all developable property within the District that specially benefit from the District's capital improvement program as outlined in Table 2. Table 2. Summary of Estimated Capital Costs Clearwater Cay Club Community Development District Category W ater/Wastewater Roadways Recreation Parking Security Total Construction Estimate 5,797,200 2,699,065 6,570,000 1,650,000 206.500 16,922,765 Prospective future landowners in the District may be required to pay non-ad valorem assessments levied by the District to secure the debt incurred through bond issuance. In addition to the levy of non-ad valorem assessments for debt service, the District may also impose a non-ad valorem assessment to fund the operations and maintenance of the District and its facilities and services. It is important to note that the various costs outlined in Table 2 are typical for developments of the type contemplated. There is nothing peculiar about the District's fmancing that requires additional infrastructUre over and above what would normally be needed. Therefore, these costs are not in addition to normal development costs. District-imposed assessments for operations and maintenance costs are similar to what would be charged by a property owner's association common to most mixed-use developments except they are govermnent enforced first liens. 4 Real estate markets are quite efficient, because buyers and renters evaluate all of the costs and benefits associated with various alternative locations. Therefore, market forces preclude developers from marking up the prices of their products beyond what the competition allows. To remain competitive the operations and maintenance assessments must also be in line with the costs imposed by the competition. Furthermore, the decision to locate within the District is completely voluntary. These potential residents are given full disclosure of the existence of the district and level of anticipated assessments. So ultimately, all owners and users of the affected property chose to accept the District's costs in tradeoff for the benefits that the District provides. A Community Development District ("CDD") provides residents with the option of having higher levels of facilities and services financed through self-imposed charges. The District is an alternative means to finance necessary community services. District fmancing is no more expensive, and often less expensive, than the alternatives of a municipal service taxing unit (MSTU), a neighborhood association, City provision (directly or via a dependent special district), or through developer equity and/or bank loans. It should be noted that occupants of the lands within the District will receive three major classes of benefits. First, those residents and businesses in the District will receive a higher level of public services and amenities sooner than would otherwise be the case. Second, a CDD is a mechanism to ensure that the community services and amenities will be completed concurrently with development of lands within the District. This satisfies the revised growth management legislation, and it assures that growth pays for itself without undue burden on other consumers. Establishment of the District will ensure that these landowners pay for the provision of facilities, services and improvements to these lands. Third, a CDD is the sole form of governance which allows District landowners, through landowner voting and ultimately electoral voting for resident elected boards, to determine the type, quality and expense of District services they receive, provided they meet the City's overall requirements. 5.0 An analysis of the impact on small businesses as defined by Section 288.703, F.S. 2004), and an analysis of the impact on small counties and small cities as defined by Section 120.52, F.S. (2004). There will be no impact on small businesses because of the establishment of the District. If anything, the impact may be positive. This is because the District must competitively bid certain contracts. This affords small businesses the opportunity to bid on District work. The City of Clearwater has an estimated population (not incarcerated) in 2004 that is greater than 10,000. Therefore the City of Clearwater is not defined as a "small" city according to Section 120.52, F.S. 5 6.0 Any Additional useful information. The analysis provided above is based on a straightforward application of economic theory, especially as it relates to tracking the incidence of regulatory costs and benefits. Input was received from the developer's engineer and other professionals associated with the developer. Finally, it is useful to reflect upon the question of whether the proposed District is the best alternative to provide community facilities ~d services to the project. As an alternative to the District, the City of Clearwater could approve a dependent special district for the area, such as an MSBU or a special taxing district. Either of these alternatives could finance the improvements contemplated in Table 1 in a fashion similar to the proposed District. There . are a number of reasons why a dependent district is not the best alternative for ' providing community facilities and services to the Clearwater Cay Club Community. First, unlike the District, the alternatives would require the City of Clearwater to administer the project and its facilities and services. As a result, the costs for these services and facilities would not be sequestered to the land directly benefiting from them, as the case would be with the District. Administering a project of the size and complexity of the development program anticipated for the Clearwater Cay Club Community is a significant and expensive undertaking. Second, a District is preferable from a govermnent accountability perspective. With a District, residents and landowners in the District would have a focused unit of govermnent ultimately under their direct control. The District can then be more responsive to resident needs without disrupting other City responsibilities. By contrast, if the City of Clearwater was to establish a dependent district, then the residents and landowners of the Clearwater Cay Club Community would take their grievances and desires to the City Council. Third, any debt of a District is strictly the District's responsibility. While it may he technically true that the debt of a City-established dependent, special district is not strictly the City's responsibility, any fmancial problems that the special district may have will inevitably entangle the City. This will not be the case if a District is established. Another alternative to the District would be for a property owner's association to provide the infrastructure, operations, and maintenance of community facilities and services. A District is superior to a POA for a variety of reasons. First, unlike a POA a District can obtain low cost funds from the municipal capital markets. Second, the District can impose and collect its assessments along with other property taxes. Therefore, the District is far more assured of obtaining its needed funds than is a POA. Third, the proposed District is a unit of local govermnent. This provides a higher level of oversight and accountability. 6 Fishkind and Associates certifies that this SERC meets the requirements for a Statement of Estimated Regulatory Costs as set out in Section 120.541, F.S. (2004). We have developed over 25 SERCs. Below is a list offive of these. Urban Orlando Community Development District Marshall Creek Community Development District Cedar Hammock Community Development District Meditera Community Development District Brooks Community Development District 7 APPENDIX A LIST OF REPORTING REQUIREMENTS FLORIDA STATUTE REPORT CITE DATE Annual Financial Audit 11.45 within 9 months following end of fiscal year 218.39 within 12 months after end of fiscal year Annual Financial Report (AFR) 218.32 (d) no later than 12 months after end of fiscal year or (e) no later than April 30 TRIM Compliance Report 200.068 no later than 30 days after adoption of resolution establishing property tax levy Form I - Limited Financial Disclosure 112.3144 by July 1 Public Depositor 280.17 by November 30 Proposed Budget 190.008 at least 60 days prior to adoption Public Facilities Report 189.415 within one year of creation; annual updates thereafter Public Meeting Schedule 189.417 qUarterly, semiannually or annually Bond Report 218.38 when issued; within 120 days after delivery of bonds Registered Agent 189.416 30 days after first meeting 8 EXHIBIT "H" MAPS INCLUDING AERIAL, WATER PARK, OVERALL MASTER PLAN, SITE PLAN, FUTURE LAND USE, ZONING AND NARRATIVE) H.UIION .L33HS1111301ll I, f IIij 1II11 11\ I )()"-,<,\ ',' OJ~llJ\' lUll\; n'N ::Fl""0. 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W II II0 () J !L0 w II 0:: 0 z 2 z ~ r.: i ~ m o " :> o !Z d0: UJ >- 0 0: -' ili ~ d " 6~ A'v'MH~IH 's'n - 99 a'v'oCj 31'v'lS Z o ::; u ~ ~ l :> "', ii 0:a :$ ~ ti > ~ 0 a 1 ~- l! i -~ Michael Redd Associates, P.A. Michael T. Redd. President Frank a. Baynham, Vice President Clearwater Cay Club US Highway 19 North Clearwater, Florida Introduction This narrative describes the intended improvements for the property, now called the Clearwater Cay Club. The existing project comprising 24.08 acres contains 336 apartments and attendant garages, known as Venezia, built in clusters along the waterside on Old Tampa Bay. These buildings, along with several support structures and clubs, have been previously designed and constructed using Venetian Italian architectural design influence. The color palette and certain fascia detailing enabled the previous owner to market these apartments under the label Venezia. The new plan encompasses the Venezia Village as well as an adjunct new. development directly adjacent to Venezia. This new develop provides a wide range of additional amenities, both for the residents and for visitors. In continuing the Italian theme and reinforcing the Italian Architectural character the current owners intend to enhance the stated vernacular with a more authentic Venetian inspired architectural approach. The new buildings will be designed with careful attention to proportion, style, material use and graphic-architectural detailing. Further, the placement of shops of Venetian Mediterranean character are located on, and will replace, the old Levitz shopping mall that is barely functioning and has out-dated architecture not in keeping with the style of the initial project. . Key Changes Clearwater Cay Club is now being designed as a regional destination attracting local, national, and International users. Its site designed and location celebrates the water. Its landscape evokes a warm Floridian-Mediterranean environment. The master plan introduces a new shallow fresh water basin and small canal system that, while not connected to salty Clearwater Bay, will impart a strong visual impression that a water network is the project's integral component. Around this new lagoon (Lagoon di Alba) new Venetian inspired themed structures will contain spa, new residences, retail shops, offices and a hotel, all supported by new structured parking. 631 U.S. Highway One, Suite 300 -A North Palm Beach, FL 33408 Voice: 561.863.2500 Fax: 561.863.2505 E-mail: Reddplan@aol.com Clearwater Cay Club Scott Callahan March 4, 2005 Michael Redd Associates, P .A. Internal Roadway and Landscape Enhancements The existing apartments will still be accessed as now from Bellair Road, with a major security access gatehouse for enhanced security and exclusivity. Clearwater Cay Club's internal roadways will be improved and enhanced by an appropriately themed streetscape (graphics, street trees, street furniture, etc.) as well as enhanced entry and exit points from US 19 N. Special paving materials and unique landscape themed plantings will unify the Venezia with the additional new properties and present the project as a unified design. Via Veneto Via Veneto serves as the main arrival visual by the creation of a central and newly created "Main Street." Via Venteo is conceived as a true European shopping street with access to shops, hotel, and adjacent parking structure at the ground level. This unique blend of exciting architecture and a European countenance will become the entire project's visual icon. Galleria Shops along the Via Veneto will be differentiated by Venetian striped gondola posts and banner awnings and will have streetside architecture again with a strong Venetian Architectural vernacular. Covered promenade walkways with regularly occurring side pedestrian vias will offer frequent merchandising corners and invite pedestrian traffic into the heart of the new project. Utilizing the southern footprint of the existing mall, and as much of the support structure as can be retained, an extended gallery of smart shop units will be developed using Venetian city design principles. Three stories high, with ceramic barrel tile roof and faux Venetian flared chimneys above, the Galleria can be accessed from Via Veneto, or from several pedestrian only passigiata (passageways) that pierce the building, or from the canal side to the east. A projecting arcade that is a sunscreen during the summer months will protect the faQade of the Galleria on the east side. Concept drawings illustrate the use of canted shade awnings, radius arched entries, decorative lanterns and lighting, and sophisticated signage that will be controlled and defined in the owner-tenant design guidelines. A small Bridge of Sighs (Ponte dell Sopire) spans Via Veneto at the second or third levels, connecting upper level parking with the Galleria. As well these upper Page 2 of 3 Clearwater Cay Club Scott Callahan March 4, 2005 Michael Redd Associates, P .A. level pedestrian bridges serve to connect (on a N-S axis) living units with the hotel and shops. A central feature of the building at an interruption point of the Golden Section levels by a tower was inspired by the Torre dei Mori on St Mark's Square. This fa<;ade detail carried an early clock design and other interesting details. This design is repeated on the west side. A major archway gives entrance to one of the passages. Internally, apartments and/or offices will be found at the second and third levels. The internal access to these has yet to be established but will probably be from escalators and steps off an internal covered courtyard than runs the axis of the structure. The Canal and the Lagoon The small canal shown on the plan runs south to north. It is spanned in two places by small Venetian bridges that will give access to the east side of the.. Lagoon. These bridges contain archways of sufficient height and breadth to allow for the passing of a gondola below. The canal enters the Lagoon under one of these brick or stone-faced bridges. On this body of water evening shows are possible with water and light generated spectacles. Occasional processions of traditional Venetian boats that are highly decorated reinforce the theme. Around the edge of the Lagoon runs the Cammino degli Andanti - or Pedestrian Promenade - a walkway and strolling area which will be illuminated at night by appropriate cast iron street lanterns. The master plan illustrates a small covered performance gazebo that juts into the lake. Restaurants and shops face the lake. There is sufficient plaza dimension to extend some of the restaurants into outdoor tables and chairs. As in Venice, these areas will be protected by kinetic shade structures. Hotel A five-story hotel is planned as the central anchor of the project. The intended footprint overlays the center and north part of the Levitz Mall demolished to provide the new footings. A porte cochere and valet drop off will be provided on the west side along the Via Veneto, or from the Piazza Minore, one of two traffic circles. W:\PROJECT\Clearwater\02,07,05\Cay Club Narrative on MRAPA stationeryl.doc Page 3 of 3 E -I--/S {'''Y '1:" -fv-"",,, -{.('.... 0-.1 "'~:k k 1:"4.,."",,i.'4'" V ..~. f;, If."" ,"'.... 0 I Sc",l. : '= ~O . I i J E: o o : o E J::i g: E' I;, cli I> L l: 1"0 fUl I: 1: 0;: I t), I'll E. . I'- I Il) I'- co I'- I IIl) i I'- N V 0 co en co C/) v C'l t 0 J 5 '" <D U. al N Q co :; 0 Il) J I- C/) 1 5 ~ N U. al C/) (") N I- .... CXl Z .... J ui I'- l .... C/) N V J 0 co E C/) ui '" E .- 0::m 0 .... co N 0 ~ I'- Cl. 0 (") CXl N Z .... 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It: a: a:I.ClVC'l(")+N+.... v v Il) ~ ;gvco t N ....10 Il) 8~~SU~;::!: co N_ V .... <10 I'- gi~~~'$;: mNOCONO tI.ClCO Ii"':c<'i co.... 3 Ul ...,. .... ,-, c: 1: f! ~ l ::l III m SU) i;j Ql CIl 0 a: a: I- 0 .... 1 i SI' , 0 z I II EXHIBIT "I" AUTHORIZATION OF AGENT W. SCOTT CALLAHAN, ESQUIRE THOMAS A. CLOUD, ESQUIRE AFFIDAVIT TO AUTHORIZE AGENT STATE OF FL~DA COUNTY OF I -Q/\J c..r r>5J Grand Venezia Clearwater, LLC, a Florida limited liability company, being first duly sworn, depose(s) and say(s): 1. That Grand Venezia Clearwater, LLC, is the owner and record title holder of the property described on Exhibit "A" attached hereto (the Property"): 2. That this Property constitutes a portion of the land for which a request for a Community Development District is being applied for to the City Commission of the City of Clearwater. 3. That the undersigned (has/have) appointed W. Scott Callahan and Thomas A. Cloud as (his/their) agent(s) to execute any permits or other documents necessary to affect such permit. 4. That this affidavit has been executed to induce the the City of Clearwater, Florida, to consider and act on the above-described Property. 5. That the undersigned authority hereby certifies that the foregoing is true and correct. GRAND VENEZIA CLEARWATER, LLC, a Florida limited liability company SUNVEST RESORT COMMUNITIES, LC, a Florid limited liability company, as its ager ~ ATE OF FLO IDA _ COUNTY OF .' ;',' tit I ; The" foregoing instrument was acknowledged before me this ~ day of 1UJl/" ,2005 by Harvey Birdman, as Manager of SUNVEST RESORT OMMUNITI S, LC, a Florida limited liability company, Manager of GRAND VENEZIA CLEARWATER, LLC, a Florida limited liability company, by who is perso lIy known to me or who has produced-- as identific ion, 1) o,,,-,, Notar/ Public State of Florida I("r,e M AI~ar(iZ Mv CommISSion OD213847 l;Aplres OEi!22/2007 EXHIBITCommissionExpires: 347022 v1 1 J!lE ill LEGAL DESCRIPTION: A parcel of land in Section 20, Township 29 South, Range 16 East, Pinellas County, Florida, being more particularly described as follows: Commence at the Southwest corner of said Section 20; thence along the South line of said Section 20, S89019'48"E, a distance of 100.01 feet to the East right of way line of U.S. Highway 19; thence NOI026'21"E, along said East right of way line, a distance of 5.00 feet; thence S89019'48"E, parallel with said South line of Section 20, a distance of 252.55 feet to the Southeast corner of property conveyed in Official Records Book 9527, Page 480 of the Public Records of Pinellas County, Florida and the POINT OF BEGINNING; thence NOI026'21"E, along the East line of said property, a distance of 345.00 feet to the Northeast corner of said property; thence N89019'48"W, along the North line of said p~operty, a distance of 77.55 feet to the Southeast corner of property conveyed in Official Records Book 13955, Page 418 of the Public Records of Pinellas County, Florida; thence NOI026'21"E, along the East line of said property, a distance of 200.00 feet to the Northeast corner of said property; thence N89019'48"W, along the North line of said property, a distance of 175.00 feet to said East right of way line of U.S. Highway 19; thence NOI026'21"E, along said East right of way line, a distance of 73.79 feet to the Southwest corner of property conveyed in Official Records Book 13618, Page 304 of the Public Records of Pinellas County, Florida; thence S89019'48"E, along the South line of said property, a distance of 210.24 'feet to the Southeast corner of said property; thence NOI026'21"E, along the East line of said property, a distance of 179.82 feet to the Northeast corner of said property; thence N8 9 019' 48"W, along the North line of said property, a distance of 210.24 feet to said East right of way line of U.S. Highway 19; thence NOI026'21"E, along said East right of way line, a distance of 361.95 feet; thence S89026'50"E, a distance of 885.00 feet; thence SOl026'21"W, a distance of 572.00 feet; thence N89019'48"W, a distance of 263.00 feet; thence SOl026'21"W, a distance of 246.00 feet; thence N89019'48"W, a distance of 12.00 feet; thence SOl026'21"W, a distance of 344.37 feet to a point 5.00 feet North of said South line of Section 20; thence N89019'48"W, parallel with said South line, a distance of 357.45 feet to the POINT OF BEGINNING. Containing 16.265 acres, more or less. TOGETHER WITH A tract of land lying within Sections 20 and 29, Township 29 South, Range 16 East, Pinellas County, Florida and being more particularly described as follows: Commence at the Southwest corner of said Section 20; thence along the South line of said Section 20, S89019'48"E, for 721.40 feet; thence S00027'22"E, for 43.51 feet to the POINT OF BEGINNING, said point also being a point of intersection with a non-tangent curve concave to the South; thence Easterly along the arc of said curve with a radial bearing S00027'51"E, and having a radius of 35.00 feet, a central angle of 14051' 42", an arc length of 9.08 feet and a chord bearing S83002'OO"E, for 9.05 feet to the point of reverse curvature with a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 35.00 feet, a central angle of 13043'39", an arc length of 8.39 feet and a chord bearing S82027'58"E, for 8.37 feet to the point of tangency; thence S89019'48"E, for 111.84 feet to the point of intersection with a non-tangent curve concave to the Northwest; thence Easterly along the arc of said curve with a radial bearing N00040'13"E, and having a radius of 55.50 feet, a central angle of 118044'08", an arc length of 115.01 feet and a chord bearing N31018'08"E, for 95.51 feet to the point of intersection with a non-tangent curve concave to the Northeast; thence Southeasterly along the arc of said curve with a radial bearing N61 056' 04 "E, and having a radius of 15.00 feet, a central angle of 46010'01", an arc length of 12.09 feet and a chord bearing S51008'57"E, for 11.76 feet to the point of compound curvature with a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 125.00 feet, a central angle of 56040'40", an arc length of 123.65 feet and a chord bearing N77025'43"E, for 118.67 feet to the point of reverse curvature with a curve concave to the Southeast; thence Northeasterly along the arc of said curve, having a radius of 303.00 feet, a central angle of 00031'45", an arc length of 2.80 feet and a chord bearing N49021'15"E, for 2.80 feet to the point of intersection with a non-tangent line; thence N40022'52"W, for 14.84 feet to the point of intersection with a non-tangent curve concave to the Northwest; thence Northeasterly along the arc of said curve with a radial bearing N40043'39"W, and having a radius of 74.87 feet, a central angle of 02040'04", an arc le~gth of 3.49 feet and a chord bearing N47056'19"E, for 3.49 feet to the point of reverse curvature with a curve concave to the Southeast; thence Northeasterly along the arc of said curve, having a radius of 234.00 feet, a central angle of 34019'10", an arc length of 140.16 feet and a chord bearing N63045'52"E, for 138.08 feet to the point of tangency; thence N80055'27"E, for 97.25 feet; thence N56001'58"E, for 40.45 feet; thence N78050'41"E, for 127.14 feet; thence S78023'09"E, f9r 24.44 feet; thence Sl1052'40"E, for 9.10 feet; thence N79023'05"E, for 49.80 feet; thence N10051'19"W, for 10.82 feet; thence N42027'28"E, for 66.63 feet; thence N35048'02"E, for 134.85 feet; thence East, for 67.34 feet; thence S38008'04"E, for 12.67 feet; thence East, for 68.14 feet; thence N54010'51"E, for 17.03 feet; thence East, for 96.27 feet; thence N55005'18"E, for 63.64 feet; thence East, for 25.42 feet to the point of curvature of a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 64.00 feet, a central angle of 39042'28", an arc length of 44.35 feet and a chord bearing N70008'46"E, for 43.47 feet to the point of reverse curvature with a curve concave to the South; thence Northeasterly along the arc of said curve, having a radius of 58.00 feet, a central angle of 36055'37", an arc length of 37.38 feet and a chord bearing N68045'21"E, for 36.74 feet to the point of reverse curvature with a curve concave to the Northwest; thence Easterly along the arc of said curve, having a radius of 54.00 feet, a central angle of 87013'09", an arc length of 82.20 feet and a chord bearing N43036'34"E, for 74.49 feet to the point of tangency; thence North, for 189.83 feet; thence S89019'09"E, for 779.97 feet; thence S60000'00"W, for 1333.52 feet; thence S89019'48"E, for 209.91 feet; thence S24054'45"W, for 343.41 feet to the point of intersection with a non-tangent curve concave to the Southeast; thence Southwesterly along the arc of said curve with a radial bearing S52036'11"E, and having a radius of 1577.45 feet, a central angle of 13022'27", an arc length of 368.22 feet and a chord bearing S300 42' 35"W, for 367.38 feet to the point of intersection with a non-tangent line; thence N89004' 26"W, for 829.18 feet; thence N00027'22"W, for 584.06 feet to the POINT OF BEGINNING. Containing 24.074 acres, more or less. TOGETHER WITH an easement for ingress, egress, drainage and utilities created by documents recorded in Official Records Book 10958, Page 299, Official Records Book 12557, Page 2644, and Official Records Book 10784, Page 1247 of the Public Records of Pinellas County Florida, over the following described parcel: A tract of land lying in Sections 20 and 29, Township 29 South, Range 16 East, Pinellas County, Florida, being further described as follows: Commence at the Southwest corner of said Section 20; thence S89019'48"E, along the South line of said Section 20 and the North line of said Section 29, a distance of 100.01 feet to the East right of way line of U.S. Highway 19 and the POINT OF BEGINNING; thence N01026'21"E, along said East right of way line, a distance of 5.00 feet; thence S8 9 019' 48 "E, parallel with said South line of Section 20, a distance of 610.00 feet; thence SOl026'21"W, a distance of 5.00 feet to the North line of said Section 29; thence S89019'48"E, along said North line, a distance of 5.89 feet to a point of intersection with a non-tangent curve concave to the Northwest; thence Northeasterly along the arc of said curve with a radial bearing N35013'11"W, and having a radius of 35.00 feet, a central angle of 300 38' 59", an arc length of 18.72 feet and a chord bearing N39027'06"E, for 18.50 feet to the point of reverse curvature with a curve concave to the Southeast; thence Northeasterly along the arc of said curve, having a radius of 45.00 feet, a central angle of 660 32' 19" an arc length of 52.26 feet and a chord bearing N57024'02"E, for 49.37 feet to the point of tangency; thence S89019'48"E, for 15.64 feet to the point of curvature of a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 50.00 feet, a central angle of 390 25' 12", an arc length of 34.40 feet and a chord bearing N70057'37"E, for 33.73 feet to the point of a reverse curve concave to the West; thence Southeasterly along the arc of said curve, having a radius of 55.50 feet, a central angle of 2190 25' 12", an arc length of 212.54 feet and a chord bearing S19002' 23"E, for 104.50 feet to the point of tangency; thence N89019'48"W, for 111.84 feet to the point of curvature of a curve concave to the North; thence Westerly along the arc of said curve, having a radius of 35.00 feet, a central angle of 130 43' 39", an arc length of 8.39 feet and a chord bearing N82027'58"W, for 8.37 feet to the point of reverse curvature with a curve concave to the South; thence Westerly along the arc of said curve, having a radius of 35.00 feet, a central angle of 140 51' 42", an arc length of 9.08 feet and a chord bearing N83002'00"W, for 9.05 feet to a point of intersection .wi th a non-tangent line; thence SOO 0 27' 22 "E, for 6.50 feet; thence N89019'48"W, parallel with said North line, a distance of 382.87 feet; thence S76044'53"W, a distance of 57.73 feet; thence S8703J'00"W, a distance of 57.06 feet; thence N89019'48"W, parallel with said North line, a distance of 126.71 feet to said East right of way line of U. S. Highway 19; thence N00051'16"E, along said East right of way line, a distance of 67.00 feet to the POINT OF BEGINNING. AFFIDAVIT TO AUTHORIZE AGENT STATE OF FLORIDA COUNTY OF ~ \::)"'-V'Oe. DC703, LLC, a Florida limited liability company, being first duly sworn, depose(s) and say(s): 1. That DC703, LLC, is the owner and record title holder of the property described on Exhibit "A" attached hereto (the Property"): 2. That this Property constitutes a portion of the land for which a request for a Community Development District is being applied for to the City Commission of the City of Clearwater. 3. That the undersigned (has/have) appointed W. Scott Callahan and Thomas A. Cloud as (his/their) agent(s) to execute any permits or other documents necessary to affect such permit. 4. That this affidavit has been executed to induce the the City of Clearwater, Florida, to consider and act on the above-described Property. 5.That the undersigned authority hereby certifies that the foregoing is true and correct. DC703, LLC, a Florida limited liability com any By: STATE OF FLORIDA COUNTY OF ,"'\)"-\;D ,,",-eel:- The foregoing instrument was acknowledged before me this ...:Q~ of r-~" o~ ,2005 by F. Dave Clark, as Manager of DC703, LLC, a Florida limit lability company, who IS personally known to me or who has produced ~ation. ("""., f\;~ SignafiJre of Notary 1')1.P=i~- "~,_h~"'-..~~ Printed Name of Notary " Commission Expires: '\ 30-~ c::>m......~..! t<..... DEBORAH A. SMITH i '\ Notsry Publit - Stllte of Florida i' . i My Ccm~IUilJn EJpires SIp 30, 2005 ll~ CommiSSion' 00056559 c;rn~'" Elonooid ey N&lionBI Nolary Aun. oi;1P,lo~".. 1 i is EXHIBIT f347022v1 LEGAL DESCRIPTION: A parcel of land in Section 20, Township 29 South, Range 16 East, Pinellas County, Florida, being more particularly described as follows: Commence at the Southwest corner of said Section 20; thence along the South line of said Section 20, S89019'48"E, a distance of 100.01 feet to the East right of way line of U.S. Highway 19; thence N01026'21"E, along said East right of way line, a distance of 5.00 feet; thence S89019'48"E, parallel with said South line of Section 20, a distance of 252.55 feet to the Southeast corner of property conveyed in Official Records Book 9527, Page 480 of the Public Records of Pinellas County, Florida and the POINT OF BEGINNING; thence N01026'21"E, along the East line of said property, a distance of 345.00 feet to the Northeast corner of said property; thence N89019'48"W, along the North line of said property, a distance of 77.55 feet to the Southeast corner of property conveyed in Official Records Book 13955, Page 418 of the Public Records of Pinellas County, Florida; thence N01026'21"E, along the East line of said property, a distance of 200.00 feet to the Northeast corner of said property; thence N89019'48"W, along the North line of said property, a distance of 175.00 feet to said East right of way line of U.S. Highway 19; thence N01026'21"E, along said East right of way line, a distance of 73. 79 feet to the Southwest corner of property conveyed in Official Records Book 13618, Page 304 of the Public Records of Pinellas County, Florida; thence S89019'48"E, along the South line of said property, a distance of 210.24 feet to the Southeast corner of said property; thence N01026'21"E, along the East line of said property, a distance of 179.82 feet to the Northeast corner of said property; thence N8 9019' 48"W, along the North line of said property, a distance of 210.24 feet to said East right of way line of U.S. Highway 19; thence N01026'21"E, along said East right of way line, a distance of 361.95 feet; thence S89026'50"E, a distance of 885.00 feet; thence SOl026'21"W, a distance of 572.00 feet; thence N89019'48"W, a distance of 263.00 feet; thence SOl026'21"W, a distance of 246.00 feet; thence N89019'48"W, a distance of 12.00 feet; thence SOl026'21"W, a distance of 344.37 feet to a point 5.00 feet North of said South line of Section 20; thence N89019'48"W, parallel with said South line, a distance of 357.45 feet to the POINT OF BEGINNING. Containing 16.265 acres, more or less. TOGETHER WITH A tract of land lying within Sections 20 and 29, Township 29 South, Range 16 East, Pinellas County, Florida and being more particularly described as follows: Commence at the Southwest corner of said Section 20; thence along the South line of said Section 20, S89019'48"E, for 721.40 feet; thence S00027'22"E, for 43.51 feet to the POINT OF BEGINNING, said point also being a point of intersection with a non-tangent curve concave to the South; thence Easterly along the arc of said curve with a radial bearing S00027'51"E, and having a radius of 35.00 feet, a central angle of 14051'42", an arc length of 9.08 feet and a chord bearing S83002'00"E, for 9.05 feet to the point of reverse curvature with a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 35.00 feet, a central angle of 13043'39", an arc length of 8.39 feet and a chord bearing S82027'58"E, for 8.37 feet to the point of tangency; thence S89019'48"E, for 111.84 feet to the point of intersection with a non-tangent curve concave to the Northwest; thence Easterly along the arc of said curve with a radial bearing N00040'13"E, and having a radius of 55.50 feet, a central angle of 118044'08", an arc length of 115.01 feet and a chord bearing N31018'08"E, for 95.51 feet to the point of intersection with a non-tangent curve concave to the Northeast; thence Southeasterly along the arc of said curve with a radial bearing N61 0 56' 04 "E, and having a radius of 15.00 feet, a central angle of 46010'01", an arc length of 12.09 feet and a chord bearing S51008'57"E, for 11.76 feet to the point of compound curvature with a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 125.00 feet, a central angle of 56040'40", an arc length of 123.65 feet and a chord bearing N77025'43"E, for 118.67 feet to the point of reverse curvature with a curve concave to the Southeast; thence Northeasterly along the arc of said curve, having a radius of 303.00 feet, a central angle of 00031'45", an arc length of 2.80 feet and a chord bearing N49021'15"E, for 2.80 feet to the point of intersection with a non-tangent line; thence N40022'52"W, for 14.84 feet to the point of intersection with a non-tangent curve concave to the Northwest; thence Northeasterly along the arc of said curve with a radial bearing N40043'39"W, and having a radius of 74.87 feet, a central angle of 02040'04", an arc length of 3.49 feet and a chord bearing N47056'19"E, for 3.49 feet to the point of reverse curvature with a curve concave to the Southeast; thence Northeasterly along the arc of said curve, having a radius of 234.00 feet, a central angle of 34019'10", an arc length of 140.16 feet and a chord bearing N63045'52"E, for 138.08 feet to the point of tangency; thence N80055'27"E, for 97.25 feet; thence N56001'58"E, for 40.45 feet; thence N78050'41"E, for 127.14 feet; thence S78023'09"E, for 24.44 feet; thence Sl1052'40"E, for 9.10 feet; thence N79023'05"E, for 49.80 feet; thence N10051'19"W, for 10.82 feet; thence N42027'28"E, for 66.63 feet; thence N35048'02"E, for 134.85 feet; thence East, for 67.34 feet; thence S38008'04"E, for 12.67 feet; thence East, for 68.14 feet; thence N54010'51"E, for 17.03 feet; thence East, for 96.27 feet; thence N55005'18"E, for 63.64 feet; thence East, for 25.42 feet to the point of curvature of a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 64.00 feet, a central angle of 39042'28", an arc length of 44.35 feet and a chord bearing N70008'46"E, for 43.47 feet to the point of reverse curvature with a curve concave to the South; thence Northeasterly along the arc of said curve, having a radius of 58.00 feet, a central angle of 36055'37", an arc length of 37.38 feet and a chord bearing N68045'21"E, for 36.74 feet to the point of reverse curvature with a curve concave to the Northwest; thence Easterly along the arc of said curve, having a radius of 54.00 feet, a central angle of 87013'09", an arc length of 82.20 feet and a chord bearing N43036'34"E, for 74.49 feet to the point of tangency; thence North, for 189.83 feet; thence S89019'09"E, for 779.97 feet; thence S60000'00"W, for 1333.52 feet; thence S89019'48"E, for 209.91 feet; thence S24054'45"W, for 343.41 feet to the point of intersection with a non-tangent curve concave to the Southeast; thence Southwesterly along the arc of said curve with a radial bearing S52036'11"E, and having a radius of 1577.45 feet, a central angle of 13022'27", an arc length of 368.22 feet and a chord bearing S30042'35"W, for 367.38 feet to the point of intersection with a non-tangent line; thence N89004'26"W, for 829.18 feet; thence N00027'22"W, for 584.06 feet to the POINT OF BEGINNING. Containing 24.074 acres, more or less. TOGETHER WITH an easement for ingress, egress, drainage and utilities created by documents recorded in Official Records Book 10958, Page 299, Official Records Book 12557, Page 2644, and Official Records Book 10784, Page 1247 of the Public Records of Pinellas County Florida, over the following described parcel: A tract of land lying in Sections 20 and 29, Township 29 South, Range 16 East, Pinellas County, Florida, being further described as follows: Commence at the Southwest corner of said Section 20; thence S89019'48"E, along the South line of said Section 20 and the North line of said Section 29, a distance of 100.01 feet to the East right of way line of U.S. Highway 19 and the POINT OF BEGINNING; thence N01026'21"E, along said East right of way line, a distance of 5.00 feet; thence S89019'48"E, parallel with said South line of Section 20, a distance of 610.00 feet; thence SOl026'21"W, a distance of 5.00 feet to the North line of said Section 29; thence S89019'48"E, along said North line, a distance of 5.89 feet to a point of intersection with a non-tangent curve concave to the Northwest; thence Northeasterly along the arc of said curve with a radial bearing N35013'11"W, and having a radius of 35.00 feet, a central angle of 300 38' 59", an arc length of 18.72 feet and a chord bearing N39027'06"E, for 18.50 feet to the point of reverse curvature with a curve concave to the Southeast; thence Northeasterly along the arc of said curve, having a radius of 45.00 feet, a central angle of 660 32' 19" an arc length of 52.26 feet and a chord bearing N57024'02"E, for 49.37 feet to the point of tangency; thence S89019'48"E, for 15.64 feet to the point of curvature of a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 50.00 feet, a central angle of 390 25' 12", an arc length of 34.40 feet and a chord bearing N70057'37"E, for 33.73 feet to the point of a reverse curve concave to the West; thence Southeasterly along the arc of said curve, having a radius of 55.50 feet, a central angle of 2190 25' 12", an arc length of 212.54 feet and a chord bearing S19002' 23"E, for 104.50 feet to the point of tangency; thence N89019'48"W, for 111.84 feet to the point of curvature of a curve concave to the North; thence Westerly along the arc of said curve, having a radius of 35.00 feet, a central angle of 130 43' 39", an arc length of 8.39 feet and a chord bearing N82027'58"W, for 8.37 feet to the point of reverse curvature with a curve concave to the South; thence Westerly along the arc of said curve, having a radius of 35.00 feet, a central angle of 140 51' 42", an arc length of 9.08 feet and a chord bearing N83002'00"W, for 9.05 feet to a point of intersection with a non-tangent line; thence S00027'22"E, for 6.50 feet; thence N89019'48"W, parallel with said North line, a distance of 382.87 feet; thence S76044'53"W, a distance of 57.73 feet; thence S87033'00"W, a distance of 57.06 feet; thence .N89019'48"W, parallel with said North line, a distance of 126.71 feet to said East right of way line of U.S. Highway 19; thence N00051'16"E, along said East right of way line, a distance of 67.00 feet to the POINT OF BEGINNING. 2 NOTICE OF LOCAL PUBLIC HEARING City of Clearwater, Florida, City Council To Consider the Creation of the CLEARWATER CAY CLUB COMMUNITY DEVELOPMENT DISTRICT DATE: TIME: LOCATION:Council Chambers of the City of Clearwater, Florida 112 S. Osceola Ave. Clearwater, Florida 33758 Notice is hereby given that a hearing will be held on the _ day of 2005, beginning at , or as soon thereafter as the matter may be heard in the Council Chambers, City of Clearwater, Florida City Hall, 112 S. Osceola Ave., Clearwater, Florida 33758 before the City Council, City of Clearwater, Florida Council"), to consider the elements of a petition filed by DC703, LLC, a Florida limited liability company ("Petitioner") to establish a uniform community development district to be known as the Clearwater Cay Club Community Development District ("District") as authorized and provided for in Chapter 190, Florida Statutes (2003). The District is a statutorily created single and special-purpose local government limited to providing basic systems, facilities and services to the property within its boundaries, subject to the City of Clearwater Comprehensive Plan and planning and land development regulations and conditions. The information presented at this hearing will be used to afford the Petitioner, any affected units of local government, and the general public, a fair and adequate opportunity to appear and present oral and written comments regarding the creation by ordinance of this community development district. The district would be created by a proposed ordinance the title of which is as follows: AN ORDINANCE ESTABLISHING THE CLEARWATER CAY CLUB COMMUNITY DEVELOPMENT DISTRICT PURSUANT TO CHAPTER 190, FLORIDA STATUTES; NAMING THE DISTRICT; DESCRIBING THE EXTERNAL BOUNDARIES OF THE DISTRICT; DESCRIBING THE FUNCTIONS AND POWERS OF THE DISTRICT; DESIGNATING PERSONS TO SERVE AS THE INITIAL MEMBERS OF THE DISTRICT'S BOARD OF SUPERVISORS; PROVIDING SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. The proposed land area to be served by the District contains 40.339 acres more or less, is located wholly within the territorial limits of the incorporated area of the City of Clearwater, Pinellas County, Florida ("City"). The proposed land area is generally located in the area east of US Htghway 19 and north of State Road 60. The boundaries of the properties to be serviced by the District are outlined in the map depicted in this notice. There is no real property within the boundaries of the District which will be excluded from the jurisdiction of the District. The metes and bounds legal description is as follows: SEE EXHIBIT "A"] If adopted, the ordinance will establish a uniform community development district and designate the land to be serviced by the District. A community development district is a local government created by law and established by ordinance, on a proposed property subject to state and local regulatory requirements governing the lawful use and development of the property. Establishment of a uniform community development district pursuant to chapter 190, Florida Statutes, is not a development order under Chapter 380, Florida Statutes. All planning, permitting and other regulatory requirements pertaining to development within the land area will be in accordance with general and special law and applicable City ordinances; the processes herein set forth deal only with the factors to be considered in creating a uniform community development district by ordinance as an alternative for managing and financing certain basic services for community development, all pursuant to city permits. All persons appealing any decision of the Council made at the hearing referenced herein are hereby notified they may need to ensure that a verbatim record of the proceedings, including testimony and evidence, is made, upon which an appeal is to be based. In accordance with the Americans with Disabilities Act, persons who need special accommodations to attend the meeting should contact the City of Clearwater, Florida, City Clerk at (727) 562-4040 at least 24 hours in advance of the public hearing. Location Map: 2 364692 vI I .!i qli:Hi : ~ I 'I i.lir...jl~ .:H ~ll'ff.i= II i i~!HJli~llml! ; i!f:f~~~~HHii~i;m~i!~:dHi~ll!ii I ~IIJt'~:~illli:;~! ! ~%til'tlJ!f~rfi~tlii~ii~jll~::i!h:; J Jf ~ IiI.pll..I. ! 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Jo i~h si I~~ ;1. i!1 dn 5U i~~! mIM :d~ 11 i f l j:l~Hl'JllSi oJ ~ I ij - i Ij~ IL - - z 0 i= 11. a:u Ul w C C Z J: U w x: Ul 5 z u Ul C '"0 ~ ::> u ...J a: z uww ::; ~ i 11. 0 ()Ja: ~ jjSJ C i z o :;; g ~ ~ ffi u :> ~ c :! ~ jjS J i Ii J i~ E! till I 3 i I LEGAL DESCRIPTION: A parcel of land in Section 20, Township 29 South, Range 16 East, Pinellas County, Florida, being more particularly described as follows: Commence at the Southwest corner of said Section 20; thence along the South line of said Section 20, S89019'48"E, a distance of 100.01 feet to the East right of way line of U.S. Highway 19; thence N01026'21"E, along said East right of way line, a distance of 5.00 feet; thence S89019'48"E, parallel with said South line of Section 20, a distance of 252.55 feet to the Southeast corner of property conveyed in Official Records Book 9527, Page 480 of the Public Records of Pinellas County, Florida and the POINT OF BEGINNING; thence N01026'21"E, along the East line of said property, a distance of 345.00 feet to the Northeast corner of said property; thence N89019'48"W, along the North line of said property, a distance of 77.55 feet to the Southeast corner of property conveyed in Official Records Book 13955, Page 418 of the Public Records of Pinellas County, Florida; thence NOlo 2 6' 21 "E, along the East line of said property, a distance of 200.00 feet to the Northeast corner of said property; thence N89019'48"W, along the North line of said property, a distance of 175.00 feet to said East right of way line of U.S. Highway 19; thence N01026'21"E, along said East right of way line, a distance of 73.79 feet to the Southwest corner of property conveyed in Official Records Book 13618, Page 304 of the Public Records of Pinellas County, Florida; thence S890 19' 48 "E, along the South line of said property, a distance of 210.24 feet to the Southeast corner of said property; thence N01026'21"E, along the East line of said property, a distance of 179.82 feet to the Northeast corner of said property; thence N89019'48"W, along the North line of said property, a distance of 210.24 feet to said East right of way line of U.S. Highway 19; thence N01026'21"E, along said East right of way line, a distance of 361.95 feet; thence S89026'50"E, a distance of 885.00 feet; thence SOl026'21"W, a distance of 572.00 feet; thence N89019'48"W, a distance of 263.00 feet; thence SOl026'21"W, a distance of 246.00 feet; thence N89019'48"W, a distance of 12.00 feet; thence SOl026'21"W, a distance of 344.37 feet to a point 5.00 feet North of said South line of Section 20; thence N89019'48"W, parallel with said South line, a distance of 357.45 feet to the POINT OF BEGINNING. Containing 16.265 acres, more or less. TOGETHER WITH A tract of land lying within Sections 20 and 29, Township 29 South, Range 16 East, Pinellas County, Florida and being more particularly described as follows: Commence at the Southwest corner of said Section 20; thence along the South line of said Section 20, S89019'48"E, for 721.40 feet; thence S00027'22"E, for 43.51 feet to the POINT OF BEGINNING, said point also being a point of intersection with a non-tangent curve concave to the South;. thence Easterly along the arc of said curve with a radial bearing S00027'51"E, and having a radius of 35.00 feet, a central angle of 14051' 42", an arc length of 9.08 feet and a chord bearing S83002'00"E, for 9.05 feet to the point of reverse curvature with a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 35.00 feet, a central angle of 13043'39", an arc length of 8.39 feet and a chord bearirig S82027'58"E, for 8.37 feet to the point of tangency; thence S89019'48"E, for 111.84 feet to the point of intersection with a non-tangent curve concave to the Northwest; thence Easterly along the arc of said curve with a radial bearing N00040'13"E, and having a radius of 55.50 feet, a central angle of 118044'08", an arc length of 115.01 feet and a chord bearing N31018'08"E, for 95.51 feet to the point of intersection with a non-tangent curve concave to the Northeast; thence Southeasterly along the arc of said curve with a radial bearing N61 0 56' 04 "E, and having a radius of 15.00 feet, a central angle of 46010'01", an arc length of 12.09 feet and a chord bearing S51008'57"E, for 11.76 feet to the point of compound curvature with a curve conCave to the North; 1 j E jl EXHIBIT fI thence Easterly along the arc of said curve, having a radius of 125.00 feet, a central angle of 56040' 40", an arc length of 123.65 feet and a chord bearing N77025'43"E, for 118.67 feet to the point of reverse curvature with a curve concave to the Southeast; thence Northeasterly along the arc of said curve, having a radius of 303.00 feet, a central angle of 00031'45", an arc length of 2.80 feet and a chord bearing N49021'15"E, for 2.80 feet to the point of intersection with a non-tangent line; thence N40022'52"W, for 14.84 feet to the point of intersection with a non-tangent curve concave to the Northwest; thence Northeasterly along the arc of said curve with a radial bearing N40043'39"W, and having a radius of 74.87 feet, a central angle of 02040'04", an arc length of 3.49 feet and a chord bearing N47056'19"E, for 3.49 feet to the point of reverse curvature with a curve concave to the Southeast; thence Northeasterly along the arc of said curve, having a radius of 234.00 feet, a central angle of 34019'10", an arc length of 140.16 feet and a chord bearing N63045'52"E, for 138.08 feet to the point of tangency; thence N80055'27"E, for 97.25 feet; thence N56001'58"E, for 40.45 feet; thence N78050'41"E, for 127.14 feet; thence S78023'09"E, for 24.44 feet; thence Sl1052'40"E, for 9.10 feet; thence N79023'05"E, for 49.80 feet; thence N10051'19"W, for 10.82 feet; thence N42027'28"E, for 66.63 feet; thence N35048'02"E, for 134.85 feet; thence East, for 67.34 feet; thence S38008'04"E, for 12.67 feet; thence East, for 68.14 feet; thence N54010'51"E, for 17.03 feet; thence East, for 96.27 feet; thence N55005'18"E, for 63.64 feet; thence East, for 25.42 feet to the point of curvature of a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 64.00 feet, a central angle of 39042,'28", an arc length of 44.35 feet and a chord bearing N70008'46"E, for 43.47 feet to the point of reverse curvature with a curve concave to the South; thence Northeasterly along the arc of said curve, having a radius of 58.00 feet, a central angle of 36055'37", an arc length of 37.38 feet and a chord bearing N68045'21"E, for 36.74 feet to the point of reverse curvature with a curve concave to the Northwest; thence Easterly along the arc of said curve, having a radius of 54.00 feet, a central angle of 87013'09", an arc length of 82.20 feet and a chord bearing N43036'34"E, for 74.49 feet to the point of tangency; thence North, for 189.83 feet; thence S89019'09"E, for 779.97 feet; thence S60000'00"W, for 1333.52 feet; thence S89019'48"E, for 20.9.91 feet; thence S24054'45"W, for 343.41 feet to the point of intersection with a non-tangent curve concave to the Southeast; thence Southwesterly along the arc of said curve with a radial bearing S52036'11"E, and having a radius of 1577.45 feet, a central angle of i3022'27", an arc length of 368.22 feet and a chord bearing S30042'35"W, for 367.38 feet. to the point of intersection with a non-tangent line; thence N89004'26"W, for 829.18 feet; thence N00027'22"W, for 584.06 feet to the POINT OF BEGINNING. Containing 24.074 acres, more or less. TOGETHER WITH an easement for ingress, egress, drainage and utilities created by documents recorded in Official Records Book 10958, Page 299, Official Records Book 12557, Page 2644, and Official Records Book 10784, Page 1247 of the Public Records of Pinellas County Florida, over the following described parcel: A tract of land lying in Sections 20 and 29, Township 29 South, Range 16 East, Pinellas County, Florida, being further described as follows: Commence at the Southwest corner of said Section 20; thence S89019'48"E, along the South line of said Section 20 and the North line of said Section 29, a distance of 100.01 feet to the East right of way line of U.S. Highway 19 and the POINT OF BEGINNING; thence NOlo 26' 21 "E, along said East right of way line, a distance of 5.00 feet; thence S8 9 019' 48 "E, parallel with said South line of Section 20, a distance of 610.00 feet; thence SOl026'21"W, a distance of 5.00 feet to the North line of said Section 29; thence S89019'48"E, along said North line, a distance of 5.89 feet to a point of intersection with a non-tangent curve concave to the Northwest; thence Northeasterly along the arc of said curve with a radial bearing N35013'11"W, and having a radius of 35.00 feet, a central angle of 300 38' 59", an arc length of 18.72 feet and a chord bearing N39027' 06"E, for 18.50 feet to the point of reverse curvature with a curve concave to the Southeast; thence Northeasterly along the arc of said curve, having a radius of 45.00 feet, a central angle of 660 32' 19" an arc length of 52.26 feet and a chord bearing N57024'02"E, for 49.37 feet to the point of tangency; thence S89019'48"E, for 15.64 feet to the point of curvature of a curve concave to the North; thence Easterly along the arc of said curve, having a radius of 50.00 feet, a central angle of.390 25' 12", an arc length of 34.40 feet and a chord bearing N70057'37"E, for 33.73 feet to the point of a reverse curve concave to the West; thence Southeasterly along the arc of said' curve, having a radius of 55.50 feet, a central angle of 2190 25' 12", an arc length of 212.54 feet and a chord bearing SI9002'23"E, for 104.50 feet to the point of tangency; thence N89019'48"W, for 111.84 feet to the point of curvature of a curve concave to the North; thence Westerly along the arc of said curve, having a radius of 35.00 feet, a central angle of 130 43' 39", an arc length of 8.39 feet and a chord bearing N82027'58"W, for 8.37 feet to the point of reverse curvature with a curve concave to the South; thence Westerly along the arc of said curve, having a radius of 35.00 feet, a central angle of 140 51' 42", an arc length of 9.08 feet and a chord bearing N83002'00"W, for 9.05 feet to a point of intersection with a non-tangent line; thence S00027'22"E, for 6.50 feet; thence N89019'48"W, parallel with said North line, a distance of 382.87 feet; thence S76044'53"W, a distance of 57.73 feet; thence S87033'00"W, a distance of 57.06 feet; thence N89019'48"W, parallel with said North line, a distance of 126.71 feet to said East right of way line of U.S. Highway 19; thence N0005l'16"E, along said East right of way line, a distance of 67.00 feet to the POINT OF BEGINNING. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9440-21 2nd rdg Agenda Date: 5/3/2021 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 7.6 SUBJECT/RECOMMENDATION: Adopt Ordinance 9440-21 on second reading, annexing certain real property whose post office address is 1313 Parkwood Street, Clearwater, Florida 33755, together with the right-of-way of Parkwood Street abutting Lots 4 and 5, 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 4/30/2021 Ordinance No. 9440-21 ORDINANCE NO. 9440-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF PARKWOOD STREET, APPROXIMATELY 340 FEET EAST OF NORTH BETTY LANE, WHOSE POST OFFICE ADDRESS IS 1313 PARKWOOD STREET, CLEARWATER, FLORIDA 33755, TOGETHER WITH THE RIGHT-OF-WAY OF PARKWOOD STREET ABUTTING LOTS 4 AND 5, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITIONS; 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 5, Block B, PINE RIDGE, according to the map or plat thereof, as recorded in Plat Book 28, Page(s) 98, of the Public Records of Pinellas County, Florida, together with: all Right-of-Way of Parkwood Street, abutting Lots 4 & 5, Block B, of said Pine Ridge. (ANX2021-01001) 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. 9440-21 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 24700008370 A 18 17 16 15 14 13 12 11 10 1 2 3 4 5 6 7 8 9 1 2 17 16 43/042 239(S)120(S)28.6 3071694 B D A B C 16 15 9 8 7 6 5 4 3 2 1 1 2 10 11 12 13 14 15 16 17 18 16 15 9 8 7 6 5 4 3 2 1 1 2 10 11 12 13 14 15 16 17 18 16 15 9 8 7 6 5 4 3 2 1 1 2 10 11 12 13 15 16 17 18 2 1 1 16 2 15 3 14 4 13 12 1110 3 2 1 30ROLLEN RD N BETTY LN FAIRMONT ST WOODBINE ST PARKWOOD ST CAROL DR CLAIRE DR O VE R BR O O K AVE 130013251307123613051329130813041317133413261322134012401341123213211314132813331240134013411612 1320132013241625 13071710 131113041309134113081310130113131327131713261620 1501 131213211530 132913051604 12411613 1615 13051332133313301616 1344131213281239 132813251619 1340132112381309130413181316131413171231 170117111608 1 2 3 7 13131 2 3 4 1235 1601 -Not to Scale--Not a Survey-Rev. 2/2/2021 Proposed Annexation Map Owner(s): Logan D. Fox & Ashley B. Fox Case: ANX2021-01001 Site: 1313 Parkwood Street Property Size(Acres): ROW (Acres): 0.178 0.184 Land Use Zoning PIN: 10-29-15-71694-002-0050 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 269B To: Residential Low (RL) Low Medium Density Residential (LMDR) KINGS HWY N BETTY LN OVERLEA ST ROLLEN RD SANDY LN MARY L RD TERRACE RD HOLT AVE WOODBINE ST OVER B RO OK AVE SPRINGDALE ST ADMIRAL WOODSON LN BARBARA AVE FAIRMONT ST FAIRBURN AVE WESTON DR ST EVENSON'S DRPINEBROOK DR CLAIRE DR JADE AVE PINELAND DR RUSSELL ST PARKWOOD ST HEAVEN SENT LN PINEBROOK DR FAIRMONT ST WOODBINE ST PARKWOOD ST PARKWOOD ST PROJECT SITE -Not to Scale--Not a Survey-Rev. 1/28/2021 Location Map Owner(s): Logan D. Fox & Ashley B. Fox Case: ANX2021-01001 Site: 1313 Parkwood Street Property Size(Acres): ROW (Acres): 0.178 0.184 Land Use Zoning PIN: 10-29-15-71694-002-0050 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 269B To: Residential Low (RL) Low Medium Density Residential (LMDR) ROLLEN RD ROLLEN RD N BETTY LN N BETTY LN FAIRMONT ST FAIRMONT ST WOODBINE ST WOODBINE ST PARKWOOD ST PARKWOOD ST CAROL DR CAROL DR CLAIRE DR CLAIRE DR O V ERB R O O K AVE O VERB R O O K AVE -Not to Scale--Not a Survey-Rev. 2/2/2021 Aerial Map Owner(s): Logan D. Fox & Ashley B. Fox Case: ANX2021-01001 Site: 1313 Parkwood Street Property Size(Acres): ROW (Acres): 0.178 0.184 Land Use Zoning PIN: 10-29-15-71694-002-0050 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 269B To: Residential Low (RL) Low Medium Density Residential (LMDR) 24700008370 A 18 17 16 15 14 13 12 11 10 1 2 3 4 5 6 7 8 9 1 2 17 16 43/042 239(S)120(S)28.6 3071694 B D A B C 16 15 9 8 7 6 5 4 3 2 1 1 2 10 11 12 13 14 15 16 17 18 16 15 9 8 7 6 5 4 3 2 1 1 2 10 11 12 13 14 15 16 17 18 16 15 9 8 7 6 5 4 3 2 1 1 2 10 11 12 13 15 16 17 18 2 1 1 16 2 15 3 14 4 13 12 1110 3 2 1 30ROLLEN RD N BETTY LN FAIRMONT ST WOODBINE ST PARKWOOD ST CAROL DR CLAIRE DR O VER B R O O K AVE 130013251307123613051329130813041317133413261322134012401341123213211314132813331240134013411612 1320132013241625 13071710 131113041309134113081310130113131327131713261620 1501 131213211530 132913051604 12411613 1615 13051332133313301616 1344131213281239 132813251619 1340132112381309130413181316131413171231 170117111608 123 7131312 3 41235 1601 -Not to Scale--Not a Survey-Rev. 2/2/2021 Existing Surrounding Uses Map Owner(s): Logan D. Fox & Ashley B. Fox Case: ANX2021-01001 Site: 1313 Parkwood Street Property Size(Acres): ROW (Acres): 0.178 0.184 Land Use Zoning PIN: 10-29-15-71694-002-0050 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 269B To: Residential Low (RL) Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential ANX2021-01001 Logan D. Fox & Ashley B. Fox 1313 Parkwood Street View looking south at subject property, 1313 Parkwood Street. East of subject property West of subject property North of subject property, across Parkwood Street View looking easterly along Parkwood Street View looking westerly along Parkwood Street Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9441-21 2nd rdg Agenda Date: 5/3/2021 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 7.7 SUBJECT/RECOMMENDATION: Adopt Ordinance 9441-21 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1313 Parkwood Street, Clearwater, Florida 33755, 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 4/30/2021 Ordinance No. 9441-21 ORDINANCE NO. 9441-21 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 SOUTH SIDE OF PARKWOOD STREET, APPROXIMATELY 340 FEET EAST OF NORTH BETTY LANE, WHOSE POST OFFICE ADDRESS IS 1313 PARKWOOD STREET, CLEARWATER, FLORIDA 33755, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 5, Block B, PINE RIDGE, according to the map or plat thereof, as recorded in Plat Book 28, Page(s) 98, of the Public Records of Pinellas County, Florida. Residential Low (RL) (ANX2021-01001) 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. 9440-21. Ordinance No. 9441-21 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 24700008370 A 18 17 16 15 14 13 12 11 10 1 2 3 4 5 6 7 8 9 1 2 17 16 43/042 239(S)120(S)28.6 3071694 B D A B C 16 15 9 8 7 6 5 4 3 2 1 1 2 10 11 12 13 14 15 16 17 18 16 15 9 8 7 6 5 4 3 2 1 1 2 10 11 12 13 14 15 16 17 18 16 15 9 8 7 6 5 4 3 2 1 1 2 10 11 12 13 15 16 17 18 2 1 1 16 2 15 3 14 4 13 12 1110 3 2 1 30RU RL RU RL RU RU RL RU RURL RL RU RL RU RL RL RL RU CG CG RL RU RU CG ROLLEN RD N BETTY LN FAIRMONT ST WOODBINE ST PARKWOOD ST CAROL DR CLAIRE DR OVE R B R O O K AVE 1300132513071305132913081317133413261322134012401341123213211314132813331240134013411612 132013241625 1710 1311130413091341130813011313132713171620 13121321132913051604 12411613 13051332133313301616 1344131213281239 132813251619 134013211238130913041236130413181316132013071314131713101231 1701132615011711 1530 1608 1 2 37 13131 2 3 4 1615 1235 1601 -Not to Scale--Not a Survey-Rev. 2/2/2021 Proposed Future Land Use Map Owner(s): Logan D. Fox & Ashley B. Fox Case: ANX2021-01001 Site: 1313 Parkwood Street Property Size(Acres): ROW (Acres): 0.178 0.184 Land Use Zoning PIN: 10-29-15-71694-002-0050 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 269B To: Residential Low (RL) Low Medium Density Residential (LMDR) KINGS HWY N BETTY LN OVERLEA ST ROLLEN RD SANDY LN MARY L RD TERRACE RD HOLT AVE WOODBINE ST OVER B RO OK AVE SPRINGDALE ST ADMIRAL WOODSON LN BARBARA AVE FAIRMONT ST FAIRBURN AVE WESTON DR ST EVENSON'S DRPINEBROOK DR CLAIRE DR JADE AVE PINELAND DR RUSSELL ST PARKWOOD ST HEAVEN SENT LN PINEBROOK DR FAIRMONT ST WOODBINE ST PARKWOOD ST PARKWOOD ST PROJECT SITE -Not to Scale--Not a Survey-Rev. 1/28/2021 Location Map Owner(s): Logan D. Fox & Ashley B. Fox Case: ANX2021-01001 Site: 1313 Parkwood Street Property Size(Acres): ROW (Acres): 0.178 0.184 Land Use Zoning PIN: 10-29-15-71694-002-0050 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 269B To: Residential Low (RL) Low Medium Density Residential (LMDR) ROLLEN RD ROLLEN RD N BETTY LN N BETTY LN FAIRMONT ST FAIRMONT ST WOODBINE ST WOODBINE ST PARKWOOD ST PARKWOOD ST CAROL DR CAROL DR CLAIRE DR CLAIRE DR O V ERB R O O K AVE O VERB R O O K AVE -Not to Scale--Not a Survey-Rev. 2/2/2021 Aerial Map Owner(s): Logan D. Fox & Ashley B. Fox Case: ANX2021-01001 Site: 1313 Parkwood Street Property Size(Acres): ROW (Acres): 0.178 0.184 Land Use Zoning PIN: 10-29-15-71694-002-0050 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 269B To: Residential Low (RL) Low Medium Density Residential (LMDR) 24700008370 A 18 17 16 15 14 13 12 11 10 1 2 3 4 5 6 7 8 9 1 2 17 16 43/042 239(S)120(S)28.6 3071694 B D A B C 16 15 9 8 7 6 5 4 3 2 1 1 2 10 11 12 13 14 15 16 17 18 16 15 9 8 7 6 5 4 3 2 1 1 2 10 11 12 13 14 15 16 17 18 16 15 9 8 7 6 5 4 3 2 1 1 2 10 11 12 13 15 16 17 18 2 1 1 16 2 15 3 14 4 13 12 1110 3 2 1 30ROLLEN RD N BETTY LN FAIRMONT ST WOODBINE ST PARKWOOD ST CAROL DR CLAIRE DR O VER B R O O K AVE 130013251307123613051329130813041317133413261322134012401341123213211314132813331240134013411612 1320132013241625 13071710 131113041309134113081310130113131327131713261620 1501 131213211530 132913051604 12411613 1615 13051332133313301616 1344131213281239 132813251619 1340132112381309130413181316131413171231 170117111608 123 7131312 3 41235 1601 -Not to Scale--Not a Survey-Rev. 2/2/2021 Existing Surrounding Uses Map Owner(s): Logan D. Fox & Ashley B. Fox Case: ANX2021-01001 Site: 1313 Parkwood Street Property Size(Acres): ROW (Acres): 0.178 0.184 Land Use Zoning PIN: 10-29-15-71694-002-0050 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 269B To: Residential Low (RL) Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential ANX2021-01001 Logan D. Fox & Ashley B. Fox 1313 Parkwood Street View looking south at subject property, 1313 Parkwood Street. East of subject property West of subject property North of subject property, across Parkwood Street View looking easterly along Parkwood Street View looking westerly along Parkwood Street Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9442-21 2nd rdg Agenda Date: 5/3/2021 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 7.8 SUBJECT/RECOMMENDATION: Adopt Ordinance 9442-21 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1313 Parkwood Street, Clearwater, Florida 33755, 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 4/30/2021 Ordinance No. 9442-21 ORDINANCE NO. 9442 -21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF PARKWOOD STREET, APPROXIMATELY 340 FEET EAST OF NORTH BETTY LANE, WHOSE POST OFFICE ADDRESS IS 1313 PARKWOOD STREET, CLEARWATER, FLORIDA 33755, 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. 9440-21. Property Zoning District Lot 5, Block B, PINE RIDGE, according to the map or plat thereof, as recorded in Plat Book 28, Page(s) 98, of the Public Records of Pinellas County, Florida. Low Medium Density Residential (LMDR) (ANX2021-01001) Ordinance No. 9442-21 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 24700008370 A 18 17 16 15 14 13 12 11 10 1 2 3 4 5 6 7 8 9 1 2 17 16 43/042 239(S)120(S)28.6 3071694 B D A B C 16 15 9 8 7 6 5 4 3 2 1 1 2 10 11 12 13 14 15 16 17 18 16 15 9 8 7 6 5 4 3 2 1 1 2 10 11 12 13 14 15 16 17 18 16 15 9 8 7 6 5 4 3 2 1 1 2 10 11 12 13 15 16 17 18 2 1 1 16 2 15 3 14 4 13 12 1110 3 2 1 30LMDR LMDRC C LMDR ROLLEN RD N BETTY LN FAIRMONT ST WOODBINE ST PARKWOOD ST CAROL DR CLAIRE DR 13001325130713051329130813171334132613221340124013411318132113141328133312401340134113161612 1320132013241625 130713141710 13111304130913411308131013011313132713171231 170113261620 1501 131213211530 1608 13291 2 3 7 1 2 3 4 13051604 12411613 1615 13051332133313301616 1344131213281239 132813251235 1619 134013211238130913041236130412321317171113131601 -Not to Scale--Not a Survey-Rev. 2/2/2021 Proposed Zoning Map Owner(s): Logan D. Fox & Ashley B. Fox Case: ANX2021-01001 Site: 1313 Parkwood Street Property Size(Acres): ROW (Acres): 0.178 0.184 Land Use Zoning PIN: 10-29-15-71694-002-0050 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 269B To: Residential Low (RL) Low Medium Density Residential (LMDR) KINGS HWY N BETTY LN OVERLEA ST ROLLEN RD SANDY LN MARY L RD TERRACE RD HOLT AVE WOODBINE ST OVER B RO OK AVE SPRINGDALE ST ADMIRAL WOODSON LN BARBARA AVE FAIRMONT ST FAIRBURN AVE WESTON DR ST EVENSON'S DRPINEBROOK DR CLAIRE DR JADE AVE PINELAND DR RUSSELL ST PARKWOOD ST HEAVEN SENT LN PINEBROOK DR FAIRMONT ST WOODBINE ST PARKWOOD ST PARKWOOD ST PROJECT SITE -Not to Scale--Not a Survey-Rev. 1/28/2021 Location Map Owner(s): Logan D. Fox & Ashley B. Fox Case: ANX2021-01001 Site: 1313 Parkwood Street Property Size(Acres): ROW (Acres): 0.178 0.184 Land Use Zoning PIN: 10-29-15-71694-002-0050 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 269B To: Residential Low (RL) Low Medium Density Residential (LMDR) ROLLEN RD ROLLEN RD N BETTY LN N BETTY LN FAIRMONT ST FAIRMONT ST WOODBINE ST WOODBINE ST PARKWOOD ST PARKWOOD ST CAROL DR CAROL DR CLAIRE DR CLAIRE DR O V ERB R O O K AVE O VERB R O O K AVE -Not to Scale--Not a Survey-Rev. 2/2/2021 Aerial Map Owner(s): Logan D. Fox & Ashley B. Fox Case: ANX2021-01001 Site: 1313 Parkwood Street Property Size(Acres): ROW (Acres): 0.178 0.184 Land Use Zoning PIN: 10-29-15-71694-002-0050 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 269B To: Residential Low (RL) Low Medium Density Residential (LMDR) 24700008370 A 18 17 16 15 14 13 12 11 10 1 2 3 4 5 6 7 8 9 1 2 17 16 43/042 239(S)120(S)28.6 3071694 B D A B C 16 15 9 8 7 6 5 4 3 2 1 1 2 10 11 12 13 14 15 16 17 18 16 15 9 8 7 6 5 4 3 2 1 1 2 10 11 12 13 14 15 16 17 18 16 15 9 8 7 6 5 4 3 2 1 1 2 10 11 12 13 15 16 17 18 2 1 1 16 2 15 3 14 4 13 12 1110 3 2 1 30ROLLEN RD N BETTY LN FAIRMONT ST WOODBINE ST PARKWOOD ST CAROL DR CLAIRE DR O VER B R O O K AVE 130013251307123613051329130813041317133413261322134012401341123213211314132813331240134013411612 1320132013241625 13071710 131113041309134113081310130113131327131713261620 1501 131213211530 132913051604 12411613 1615 13051332133313301616 1344131213281239 132813251619 1340132112381309130413181316131413171231 170117111608 123 7131312 3 41235 1601 -Not to Scale--Not a Survey-Rev. 2/2/2021 Existing Surrounding Uses Map Owner(s): Logan D. Fox & Ashley B. Fox Case: ANX2021-01001 Site: 1313 Parkwood Street Property Size(Acres): ROW (Acres): 0.178 0.184 Land Use Zoning PIN: 10-29-15-71694-002-0050 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 269B To: Residential Low (RL) Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential ANX2021-01001 Logan D. Fox & Ashley B. Fox 1313 Parkwood Street View looking south at subject property, 1313 Parkwood Street. East of subject property West of subject property North of subject property, across Parkwood Street View looking easterly along Parkwood Street View looking westerly along Parkwood Street Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9443-21 2nd rdg Agenda Date: 5/3/2021 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 7.9 SUBJECT/RECOMMENDATION: Adopt Ordinance 9443-21 on second reading, annexing certain real property whose post office address is 2077 Poinsetta Avenue, Clearwater, Florida 33755, 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 4/30/2021 Ordinance No. 9443-21 ORDINANCE NO. 9443-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF POINSETTA AVENUE APPROXIMATELY 150 FEET SOUTH OF UNION STREET, WHOSE POST OFFICE ADDRESS IS 2077 POINSETTA AVENUE, CLEARWATER, FLORIDA 33755 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 owner of the real property described herein and depicted on the map attached hereto as Exhibit A has 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 10, Block “B” BROOKLAWN, according to plat thereof recorded in Plat Book 13, page 59, Public Records of Pinellas County, Florida; (ANX2021-02002) 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. 9443-21 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 Owner(s): Lisa A. Berg Case: ANX2021-02002 Site: 2077 Poinsetta Avenue Property Size(Acres): ROW (Acres): 0.128 Land Use Zoning PIN: 03-29-15-12060-002-0100 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) 12060 46998 ABC D F G H I K L ME 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 6 7 8 9 10 11 114 15 16 1 192021222324 (25) 1 10 22 23 22 23 1 234 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21222324 25 26 27 28 29 30 18 19 20 21 22 23 24 23 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 12 3 6 78 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 1 UNION ST N BETTY LN IDLEWILD DR THE MALL WOODLAWN TER POINSETTA AVE ARBELIA ST LANTANA AVE PALM ST BERMUDA ST PINECREST WAY 12911284128013011290127213002081 12831271127320251310128312592022 13302087 2026 2081 1263127712821322133313171310129213252024 13112073 2083 13251321126312652028 207513172079 20441279 2043 2064 2066 2014 2048 2052 2021 13001275126720401293 202012711268 2067 2035 2067 2076 20171276 12952039 2080 2044 2048 13311286206613091262 2030 13532072 126412772065 127112752088 2071 2077 1267126612602053 12672027 12782079 2084 2020 2021 2063 2000 13452070 2025 13372028 2075 2010 2060 20571273 1341134920691270 206412741283 2049 12962071 2022 20311279 2071 20501271 2056 1999 2026126612672058 2077 1291126512592031 2047 128712622015 2063 2024 2049 2080B 2068B2068A 2080A -Not to Scale--Not a Survey-Rev. 2/5/2021 LOCATION MAP Owner(s): Lisa A. Berg Case: ANX2021-02002 Site: 2077 Poinsetta Avenue Property Size(Acres): ROW (Acres): 0.128 Land Use Zoning PIN: 03-29-15-12060-002-0100 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) UNION ST KINGS HWY N BETTY LN IDLEWILD DR WOODLAWN TER STATE ST PALM ST POINSETTA AVE ARBELIA ST THE MALL BERMUDA ST SEDEEVA CIR N ALPINE RD FREEDOM DR CHENANGO AVE N EVERGREEN AVE BARBARA AVE BYRAM DR COLES RD WILSON RD SEDEEVA CIR SN EVERGREEN AVEOAKDALE WAY PINECREST WAY ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 2/5/2021 AERIAL PHOTOGRAPH Owner(s): Lisa A. Berg Case: ANX2021-02002 Site: 2077 Poinsetta Avenue Property Size(Acres): ROW (Acres): 0.128 Land Use Zoning PIN: 03-29-15-12060-002-0100 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) UNION ST UNION ST IDLEWILD DR IDLEWILD DR N BETTY LN N BETTY LN THE MALL THE MALL WOODLAWN TER WOODLAWN TER POINSETTA AVE POINSETTA AVE LANTANA AVE LANTANA AVE ARBELIA ST ARBELIA ST PALM ST PALM ST BERMUDA ST BERMUDA ST PINECREST WAY PINECREST WAY -Not to Scale--Not a Survey-Rev. 2/5/2021 EXISTING SURROUNDING USES MAP Owner(s): Lisa A. Berg Case: ANX2021-02002 Site: 2077 Poinsetta Avenue Property Size(Acres): ROW (Acres): 0.128 Land Use Zoning PIN: 03-29-15-12060-002-0100 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) 12060 46998 ABC D F G H I K L ME 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 6 7 8 9 10 11 114 15 16 1 192021222324 (25) 1 10 22 23 22 23 1 234 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21222324 25 26 27 28 29 30 18 19 20 21 22 23 24 23 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 12 3 6 78 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 1 UNION ST N BETTY LN IDLEWILD DR THE MALL WOODLAWN TER POINSETTA AVE ARBELIA ST LANTANA AVE PALM ST BERMUDA ST PINECREST WAY 12911284128013011290127213002081 12831271127320251310128312592022 13302087 2026 2081 1263127712821322133313171310129213252024 13112073 2083 13251321126312652028 207513172079 20441279 2043 2064 2066 2014 2048 2052 2021 13001275126720401293 202012711268 2067 2035 2067 2076 20171276 12952039 2080 2044 2048 13311286206613091262 2030 13532072 126412772065 127112752088 2071 2077 1267126612602053 12672027 12782079 2084 2020 2021 2063 2000 13452070 2025 13372028 2075 2010 2060 20571273 1341134920691270 206412741283 2049 12962071 2022 20311279 2071 20501271 2056 1999 2026126612672058 2077 1291126512592031 2047 128712622015 2063 2024 2049 2080B 2068B2068A 2080A -Not to Scale--Not a Survey-Rev. 2/5/2021 Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single & Multi- Family Residential ANX2021-02002 Lisa A. Berg 2077 PoinsettaAvenue View looking east at subject property 2077 Poinsetta Avenue. South of the subject property North of the subject property Across the street, to the west of the subject property View looking northerly along Poinsetta Avenue View looking southerly along Poinsetta Avenue Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9444-21 2nd rdg Agenda Date: 5/3/2021 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 7.10 SUBJECT/RECOMMENDATION: Adopt Ordinance 9444-21 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 2077 Poinsetta Avenue, Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Residential Urban (RU). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/30/2021 Ordinance No. 9444-21 ORDINANCE NO. 9444-21 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 EAST SIDE OF POINSETTA AVENUE APPROXIMATELY 150 FEET SOUTH OF UNION STREET, WHOSE POST OFFICE ADDRESS IS 2077 POINSETTA AVENUE, CLEARWATER, FLORIDA 33755 UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); 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 10, Block “B” BROOKLAWN, according to plat thereof recorded in Plat Book 13, page 59, Public Records of Pinellas County, Florida; Residential Urban (RU) (ANX2021-02002) 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. 9443-21. Ordinance No. 9444-21 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): Lisa A. Berg Case: ANX2021-02002 Site: 2077 Poinsetta Avenue Property Size(Acres): ROW (Acres): 0.128 Land Use Zoning PIN: 03-29-15-12060-002-0100 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) 12060 46998 ABC D F G H I K L ME 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 6 7 8 9 10 11 1314 15 16 1 192021222324 (25) 1 10 22 23 22 23 1 2 3 4 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21222324 25 26 27 28 29 30 18 19 20 21 22 23 24 23 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 12 3 6 78 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 1 RU RM RU RU RU RU RU RU RU RMRU RU RU RU RU RU RU RU UNION ST N BETTY LN IDLEWILD DR THE MALL WOODLAWN TER POINSETTA AVE ARBELIA ST LANTANA AVE PALM ST BERMUDA ST PINECREST WAY 129012841291128013001272130112832081 12951271126312821287132220251310 12831330-Not to Scale--Not a Survey-Rev. 2/5/2021 2077 LOCATION MAP Owner(s): Lisa A. Berg Case: ANX2021-02002 Site: 2077 Poinsetta Avenue Property Size(Acres): ROW (Acres): 0.128 Land Use Zoning PIN: 03-29-15-12060-002-0100 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) UNION ST KINGS HWY N BETTY LN IDLEWILD DR WOODLAWN TER STATE ST PALM ST POINSETTA AVE ARBELIA ST THE MALL BERMUDA ST SEDEEVA CIR N ALPINE RD FREEDOM DR CHENANGO AVE N EVERGREEN AVE BARBARA AVE BYRAM DR COLES RD WILSON RD SEDEEVA CIR SN EVERGREEN AVEOAKDALE WAY PINECREST WAY ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 2/5/2021 AERIAL PHOTOGRAPH Owner(s): Lisa A. Berg Case: ANX2021-02002 Site: 2077 Poinsetta Avenue Property Size(Acres): ROW (Acres): 0.128 Land Use Zoning PIN: 03-29-15-12060-002-0100 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) UNION ST UNION ST IDLEWILD DR IDLEWILD DR N BETTY LN N BETTY LN THE MALL THE MALL WOODLAWN TER WOODLAWN TER POINSETTA AVE POINSETTA AVE LANTANA AVE LANTANA AVE ARBELIA ST ARBELIA ST PALM ST PALM ST BERMUDA ST BERMUDA ST PINECREST WAY PINECREST WAY -Not to Scale--Not a Survey-Rev. 2/5/2021 EXISTING SURROUNDING USES MAP Owner(s): Lisa A. Berg Case: ANX2021-02002 Site: 2077 Poinsetta Avenue Property Size(Acres): ROW (Acres): 0.128 Land Use Zoning PIN: 03-29-15-12060-002-0100 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) 12060 46998 ABC D F G H I K L ME 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 6 7 8 9 10 11 114 15 16 1 192021222324 (25) 1 10 22 23 22 23 1 234 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21222324 25 26 27 28 29 30 18 19 20 21 22 23 24 23 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 12 3 6 78 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 1 UNION ST N BETTY LN IDLEWILD DR THE MALL WOODLAWN TER POINSETTA AVE ARBELIA ST LANTANA AVE PALM ST BERMUDA ST PINECREST WAY 12911284128013011290127213002081 12831271127320251310128312592022 13302087 2026 2081 1263127712821322133313171310129213252024 13112073 2083 13251321126312652028 207513172079 20441279 2043 2064 2066 2014 2048 2052 2021 13001275126720401293 202012711268 2067 2035 2067 2076 20171276 12952039 2080 2044 2048 13311286206613091262 2030 13532072 126412772065 127112752088 2071 2077 1267126612602053 12672027 12782079 2084 2020 2021 2063 2000 13452070 2025 13372028 2075 2010 2060 20571273 1341134920691270 206412741283 2049 12962071 2022 20311279 2071 20501271 2056 1999 2026126612672058 2077 1291126512592031 2047 128712622015 2063 2024 2049 2080B 2068B2068A 2080A -Not to Scale--Not a Survey-Rev. 2/5/2021 Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single & Multi- Family Residential ANX2021-02002 Lisa A. Berg 2077 PoinsettaAvenue View looking east at subject property 2077 Poinsetta Avenue. South of the subject property North of the subject property Across the street, to the west of the subject property View looking northerly along Poinsetta Avenue View looking southerly along Poinsetta Avenue Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9445-21 2nd rdg Agenda Date: 5/3/2021 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 7.11 SUBJECT/RECOMMENDATION: Adopt Ordinance 9445-21 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2077 Poinsetta Avenue, Clearwater, Florida 33755, 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 4/30/2021 Ordinance No. 9445-21 ORDINANCE NO. 9445-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF POINSETTA AVENUE APPROXIMATELY 150 FEET SOUTH OF UNION STREET, WHOSE POST OFFICE ADDRESS IS 2077 POINSETTA AVENUE, CLEARWATER, FLORIDA 33755, 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. 9443-21. Property Zoning District Lot 10, Block “B” BROOKLAWN, according to plat thereof recorded in Plat Book 13, page 59, Public Records of Pinellas County, Florida; Low Medium Density Residential (LMDR) (ANX2021-02002) Ordinance No. 9445-21 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): Lisa A. Berg Case: ANX2021-02002 Site: 2077 Poinsetta Avenue Property Size(Acres): ROW (Acres): 0.128 Land Use Zoning PIN: 03-29-15-12060-002-0100 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) 12060 46998 ABC D F G H I K L ME 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 1 1 1 1 1 1 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 6 7 8 9 10 1 14 15 16 192021222324 (25) 1 10 21 22 23 22 23 17 1 2 3 4 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21222324 25 26 27 28 29 30 18 19 20 21 22 23 24 10 11 23 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 12 3 6 78 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 1 UNION ST N BETTY LN IDLEWILD DR THE MALL WOODLAWN TER POINSETTA AVE ARBELIA ST LANTANA AVE PALM ST BERMUDA ST PINECREST WAY LMDR MDR12911284128013011290127213002081 128312711273202513101283 1295126013302020 2087 2081 126312771282128712621322LMDR -Not to Scale--Not a Survey-Rev. 2/5/2021 2077 LOCATION MAP Owner(s): Lisa A. Berg Case: ANX2021-02002 Site: 2077 Poinsetta Avenue Property Size(Acres): ROW (Acres): 0.128 Land Use Zoning PIN: 03-29-15-12060-002-0100 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) UNION ST KINGS HWY N BETTY LN IDLEWILD DR WOODLAWN TER STATE ST PALM ST POINSETTA AVE ARBELIA ST THE MALL BERMUDA ST SEDEEVA CIR N ALPINE RD FREEDOM DR CHENANGO AVE N EVERGREEN AVE BARBARA AVE BYRAM DR COLES RD WILSON RD SEDEEVA CIR SN EVERGREEN AVEOAKDALE WAY PINECREST WAY ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 2/5/2021 AERIAL PHOTOGRAPH Owner(s): Lisa A. Berg Case: ANX2021-02002 Site: 2077 Poinsetta Avenue Property Size(Acres): ROW (Acres): 0.128 Land Use Zoning PIN: 03-29-15-12060-002-0100 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) UNION ST UNION ST IDLEWILD DR IDLEWILD DR N BETTY LN N BETTY LN THE MALL THE MALL WOODLAWN TER WOODLAWN TER POINSETTA AVE POINSETTA AVE LANTANA AVE LANTANA AVE ARBELIA ST ARBELIA ST PALM ST PALM ST BERMUDA ST BERMUDA ST PINECREST WAY PINECREST WAY -Not to Scale--Not a Survey-Rev. 2/5/2021 EXISTING SURROUNDING USES MAP Owner(s): Lisa A. Berg Case: ANX2021-02002 Site: 2077 Poinsetta Avenue Property Size(Acres): ROW (Acres): 0.128 Land Use Zoning PIN: 03-29-15-12060-002-0100 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) 12060 46998 ABC D F G H I K L ME 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 6 7 8 9 10 11 114 15 16 1 192021222324 (25) 1 10 22 23 22 23 1 234 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21222324 25 26 27 28 29 30 18 19 20 21 22 23 24 23 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 12 3 6 78 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 1 UNION ST N BETTY LN IDLEWILD DR THE MALL WOODLAWN TER POINSETTA AVE ARBELIA ST LANTANA AVE PALM ST BERMUDA ST PINECREST WAY 12911284128013011290127213002081 12831271127320251310128312592022 13302087 2026 2081 1263127712821322133313171310129213252024 13112073 2083 13251321126312652028 207513172079 20441279 2043 2064 2066 2014 2048 2052 2021 13001275126720401293 202012711268 2067 2035 2067 2076 20171276 12952039 2080 2044 2048 13311286206613091262 2030 13532072 126412772065 127112752088 2071 2077 1267126612602053 12672027 12782079 2084 2020 2021 2063 2000 13452070 2025 13372028 2075 2010 2060 20571273 1341134920691270 206412741283 2049 12962071 2022 20311279 2071 20501271 2056 1999 2026126612672058 2077 1291126512592031 2047 128712622015 2063 2024 2049 2080B 2068B2068A 2080A -Not to Scale--Not a Survey-Rev. 2/5/2021 Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single & Multi- Family Residential ANX2021-02002 Lisa A. Berg 2077 PoinsettaAvenue View looking east at subject property 2077 Poinsetta Avenue. South of the subject property North of the subject property Across the street, to the west of the subject property View looking northerly along Poinsetta Avenue View looking southerly along Poinsetta Avenue Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9460-21 2nd rdg Agenda Date: 5/3/2021 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 7.12 SUBJECT/RECOMMENDATION: Adopt Ordinance 9460-21 on second reading, amending the Clearwater Code of Ordinances by replacing Division 3 of Article VI, Chapter 2, Purchasing, in its entirety with a revised Division 3 of Article VI, Chapter 2, Purchasing. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/30/2021 1 ORDINANCE NO. 9460-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE CODE OF ORDINANCES BY REPLACING DIVISION 3 OF ARTICLE VI, CHAPTER 2, IN ITS ENTIRETY WITH A REVISED DIVISION 3 OF ARTICLE VI, CHAPTER 2; PROVIDING FOR DIVISION 3 PURCHASING; SUBDIVISION I. GENERALLY; SECTION 2.541 PURPOSE AND APPLICATION; SECTION 2.542 DEFINITIONS; SECTION 2.543 PUBLIC ACCESS TO PROCUREMENT INFORMATION; SECTIONS 2.544—2.547 RESERVED; SUBDIVISION II. PROCUREMENT ORGANIZATION; SECTION 2.551 PURCHASING AGENT; SECTION 2.552 ORGANIZATION OF PUBLIC PROCUREMENT; SECTION 2.553 PROCUREMENT PROCEDURES; SECTION 2.554 AUTHORITY FOR PURCHASES OF COMMODITIES, SERVICES, AND CONSTRUCTION; SUBDIVISION III. SOURCE SELECTION AND CONTRACT FORMATION; SECTION 2.561 METHODS OF SOURCE SELECTION; SECTION 2.562 DISQUALIFICATION, REJECTION, AND BID PROTEST; SECTION 2.563 EXCEPTIONS TO THE COMPETITIVE PROCESS; SECTION 2.564 SPECIFICATIONS PREPARATION; SECTION 2.565 AUTHORITY TO DEBAR OR SUSPEND; SECTION 2.566 INTEGRITY OF THE COMPETITIVE SOLICITATION PROCESS, NO-CONTACT PERIOD, PUBLIC RECORDS AND MEETINGS; SUBDIVISION IV. ETHICS IN PUBLIC PROCUREMENT; SECTION 2.571 STANDARDS OF CONDUCT; SECTIONS 2.601—2.608 RESERVED; AMENDING THE CODE OF ORDINANCES BY REPLACING DIVISION 4 OF ARTICLE VI, CHAPTER 2, IN ITS ENTIRETY WITH A REVISED DIVISION 4 OF ARTICLE VI, CHAPTER 2; PROVIDING FOR DIVISION 4 DISPOSAL AND DISPOSITION OF SURPLUS TANGIBLE PERSONAL PROPERTY; SECTION 2.621 DEFINITIONS; SECTION 2.622 SURPLUS SALES OFFICER; SECTION 2.623 DISPOSAL AND DISPOSITION OF SURPLUS TANGIBLE PERSONAL PROPERTY; SECTION 2.624 RESERVED; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Division 3 of Article VI, Chapter 2 governs the purchasing procedures for the acquisition of commodities, services, and construction, and the expenditure of those funds. WHEREAS, Division 4 of Article VI, Chapter 2 governs the disposal and disposition of surplus personal property. WHEREAS, these Divisions have not been updated, revised, or amended since 2006. 2 WHEREAS, this Ordinance is necessary to simply, clarify, modernize, and better organize the City’s procurement and surplus code. WHEREAS, this Ordinance replaces and revises both Divisions. WHEREAS, the City Council determines that the adoption of this Ordinance to be in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA, THAT: Section 1: Division 3 of Article VI, Chapter 2, Code of Ordinances, is amended as follows: DIVISION 3. PURCHASING Subdivision I. Generally. Sec. 2.541. Purpose and application. (1) Purpose. The purpose of this division is as follows: (a) To simplify, clarify, and modernize procurement by the city. (b) To permit the continued development of procurement policies and practices. (c) To provide for increased public confidence in the procedures followed in public procurement. (d) To ensure the fair and equitable treatment of all persons who deal with the procurement system of the city. (e) To provide increased economy in the city’s procurement activities and maximize the purchasing value of public funds of the city. (f) To obtain in a cost effective and responsible manner the commodities, services, and construction required by the city to better serve this city’s businesses and residents. (2) Application. This division shall apply to every expenditure of public funds, irrespective of their source, by the city for the procurement of commodities, services, and construction. It shall apply to the disposal and disposition of the city’s tangible personal property. Nothing in this division shall prevent the city from complying with the terms of any grant, gift, bequest, or cooperative agreement. 3 Sec. 2.542. Definitions. Terms not defined in this section shall have the meaning customarily assigned to them. Otherwise, the following words, terms, and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Business means any individual, consultant, contractor, firm, sole proprietorship, partnership, corporation, joint stock company, joint venture, or any other private legal entity. Commodity means any of the various supplies, materials, goods, merchandise, equipment, and other personal property purchased, leased, or otherwise contracted for by the city, unless included within the definition of construction or construction contracts. This term includes leases (as lessee) of structures on real property. Construction means the process of building, altering, repairing, improving, or demolishing any public infrastructure facility, including any public structure, public building, or other public improvements of any kind to real property. It does not include the routine operation, routine repair, or routine maintenance of any existing public infrastructure facility, including structures, buildings, or real property. Construction management at risk means a construction project delivery method involving the commitment by the construction manager at risk to deliver the project within a guaranteed maximum price (GMP). The construction management firm will provide professional services and act as a consultant in the design and construction phases. The construction management firm may provide some of the actual construction of the project depending on the availability of bidders and expertise of the firm. In addition to acting in the best interest of the city, the construction management firm must manage and control construction costs to not exceed the GMP. Any costs exceeding the GMP, including approved change orders, will be the financial responsibility of the construction management firm. A contingency for bid overages, reasonably inferred items, and other project related items that may arise during construction will be included in the GMP. The construction management firm will assume the risk of bidding. Contract means all types of city agreements, regardless of what they may be called, for the procurement of commodities, services, or construction. Design-build means a construction project delivery method or approach involving a single contract for both the design and construction of a project. Upon approval of the city council, the award of a single design-build contract may, in addition to the design and construction of the project, include the financing, operation, or maintenance of the project over the contractually defined period of time. 4 Designee means a duly authorized representative of a person holding a superior position. Lowest responsive and responsible bid means the lowest bid or quotation received that best responds in quality, fitness, and capacity to the requirements of the proposed work or usage, as specified, from a vendor deemed responsive and responsible to the invitation to bid or solicitation for a quotation who has offered the most advantageous pricing or cost benefit and representing the best value to the city, based on the criteria stipulated in the bid documents. In determining the lowest responsive and responsible bid, the following shall be considered in addition to price: (1) The quality of commodities, services, or construction offered. (2) The ability, capacity, and skill of the vendor to perform the contract or provide the commodities, services, or construction required. (3) Whether the vendor can perform the contract or provide the commodities, services, or construction promptly, or within the time specified, without delay or interference. (4) The sufficiency of the vendor’s financial resources and the effect thereof on the vendor’s ability to perform the contract or provide the commodities, services, or construction. (5) The character, integrity, reputation, judgment, experience, and efficiency of the vendor. (6) The quality of vendor’s performance on previous orders or contracts for the city. (7) Litigation by the vendor on previous orders or contracts with the city or with other public entities. (8) Compliance by the vendor with federal, state, and local laws and ordinances relating to the purchase or contract. (9) The ability of the vendor to provide future maintenance and service where such maintenance and service is essential. (10) Internal cost of vendor’s proposal, including any additional expenditure required by the city to complete the project or purchase. (11) Life cycle costs, including costs of purchase, maintenance, and disposal, less residual value over the expected life of the product. Micro purchase means the purchase of commodities or services with a value of two thousand five hundred dollars ($2,500.00) or less. Procurement means all activities related to the acquisition of any commodity, service, or construction, including, but not limited to, description of requirements, selection and identification of sources, preparation and award of contract, and all phases of contract administration. 5 Purchase means buying, renting, leasing, or otherwise acquiring any commodity, service, or construction. This term includes a lease. Purchase description means the words used in a solicitation to describe the commodities, services, or construction to be purchased, and includes specifications attached to or made a part of the solicitation. Purchasing agent means the city manager or any employee of the city to whom the city manager has delegated some of the duties of the office. Responsible bidder or offeror means vendor who has the capability in all respects to fully perform the contract requirements, and the integrity and reliability that will assure good faith performance. Responsive bidder or offeror means vendor that has submitted a bid, proposal, quotation, or response that conforms in all material respects to the solicitation. Request for proposal (RFP) means a solicitation utilized to obtain proposals from potential vendors. Request for qualification (RFQ) means a solicitation utilized to obtain the qualifications of potential vendors. Service means the furnishing of labor, time, or effort by a vendor. This term shall not include employment agreements or collective bargaining agreements. Signature means a manual signature or an electronic signature that meets the requirements of the Electronic Signature Act of 1996, F.S. § 668.001-6. Small purchase means the purchase of commodities or services with a value of more than two thousand five hundred dollars ($2,500.00) but less than or equal to fifty thousand dollars ($50,000.00). Solicitation means invitations to bid, requests for proposals, requests for qualifications, and requests for quotations. The term also includes re-advertising for bids, proposals, qualifications, and quotations. Specification means a detailed description of the physical or functional characteristics of a commodity, service, or construction item. It may include a description of any requirement for inspecting, testing, preparing, or delivering a commodity, service, or construction item. Vendor means any person or business who submits a bid, proposal, quotation, or response to the city for the sale of a commodity, service, or construction. 6 Sec. 2.543. Public access to procurement information. Procurement information shall be a public record to the extent provided in F.S. Ch. 119 and shall be available to the public as provided in such statutes. Sec. 2.544—2.547. Reserved. Subdivision II. Procurement Organization. Sec. 2.551. Purchasing agent. The city manager is the purchasing agent for the city, with ultimate responsibility for all procurement, purchasing, and contracting functions. The city manager may delegate some or all purchasing authority, except the authority to make the final decision regarding administrative actions such as bid protests, to any city employee. The city manager shall have the authority to do as follows: (1) Serve as the chief procurement officer of the city. (2) Adopt operational procedures governing the internal function of the procurement division. (3) Purchase or contract for the purchase of commodities, services, or construction for the city. (4) Negotiate and recommend execution of contracts for the purchase of commodities, services, or construction. (5) Act to procure for the city the needed quality in commodities, services, or construction at best value. (6) Discourage uniform bidding and encourage full and open competition on all purchases. (7) Prepare revisions and amendments to the purchasing ordinances set forth herein, as necessary, and recommend such revisions and amendments to the city council. (8) Adopt policies and procedures governing the procurement, management, and control of commodities, services, and construction procured by the city. (9) Keep informed of current developments in the field of procurement, purchasing, prices, market conditions and new processes. 7 (10) Prescribe and maintain such forms as may be reasonably necessary to the operation of the procurement division and other rules and regulations. (11) Establish and maintain programs for the inspection, testing, and acceptance of commodities, services, and construction purchased to ensure conformance with specifications. (12) Transfer surplus tangible personal property between city departments or facilities as needed. (13) Sell, trade, or otherwise dispose of surplus tangible personal property which has become unnecessary or unfit for the city’s use. (14) Ensure compliance with this code and other policies and procedures by reviewing and monitoring procurements conducted by any designee, department, or city employee. Sec. 2.552. Organization of public procurement. (1) Centralization of procurement authority. Except as otherwise provided in this division, all rights, duties, and authority relating to the procurement, management, and control of commodities, services, and construction, and the disposal and disposition of surplus tangible personal property now vested in or exercised by the city are hereby transferred to the city manager as purchasing agent. (2) Authority to contract for legal services. No contract for the services of legal counsel may be awarded without the approval of the city attorney. Sec. 2.553. Procurement procedures. (1) Procedures. Procedures shall be promulgated in accordance with the applicable provisions of this code and other applicable laws, rules, regulations, and policies. (2) Submittal of requests to purchase commodities or services. Departments shall submit electronically requests to purchase commodities or services to the purchasing agent according to procedures prescribed by the purchasing agent. (3) Vendors list. The purchasing agent is authorized to maintain a vendor registration resource for the purpose of providing notices inviting bids or soliciting quotations. A vendor who desires to be included on the vendors list shall complete the applicable procedure prescribed by the purchasing agent. An additional list of “Pre-Qualified Contractors” may be maintained by the engineering department. Contractors desiring to be included on that list shall complete the applicable procedure prescribed by the engineering department. Inclusion on the vendors list or the Pre-Qualified Contractors list is solely for convenience. Inclusion does 8 not guarantee the award of any contract or purchase order nor are vendors and contractors not included excluded from participation in the procurement process. Sec. 2.554. Authority for purchases of commodities, services, and construction. (1) Generally. (a) All contracts or other documents related to the procurement of commodities, services, construction, or the obligation of city funds, shall be facilitated by or through the procurement division. The procurement division is authorized to establish procedures governing the processing of all contracts. (b) Purchases of commodities, services, construction, or the obligation of city funds, where the cumulative total value per fiscal year exceeds one hundred thousand dollars ($100,000.00) per vendor, for similar commodities or services, shall be approved by the city council prior to the signing of any contract or other related documents. (c) Signature authority for all contracts or other documents specified in section 2.554(1)(b) shall be designated by the city council. Signature authority for the purchase of commodities, services, or construction where the cumulative total value per fiscal year is one hundred thousand dollars ($100,000.00) or less is delegated to the city manager, as purchasing agent, or designee. (d) As set forth herein, the city council delegates limited authority to the city manager and department directors relating to the purchase of commodities, services, or construction for the city, in compliance with federal and state laws, city code, administrative rules, procedures, and guidelines. (e) All purchases, unless specifically authorized or delegated under this code, must be approved in advance by the city council. No person, unless specifically authorized or delegated under this code, may make any purchase or enter into any contract involving the use of city funds. Payment for any unauthorized purchase may be the responsibility of the person placing the order. (f) Multi-year contracts are encouraged when it is determined to be advantageous to the city. All multi-year contracts must contain a provision that allows the city to terminate the obligation with thirty (30) days’ advance notice based on a limitation of funding availability, unless otherwise determined by the purchasing agent to be in the city’s best interest. (2) Purchasing agent. Authority is delegated to the city manager, as purchasing agent, or designee as follows: 9 (a) The purchasing agent shall be responsible for the procurement of commodities, services, or construction for the city. All purchases shall comply with this code, applicable laws, rules, regulations, and policies. (b) The purchasing agent may approve or reject the procurement of commodities, services, or construction when the total amount does not exceed one hundred thousand dollars ($100,000.00) per vendor per fiscal year. The purchase of commodities, services, or construction exceeding one hundred thousand dollars ($100,000.00) shall be approved by the city council. (c) The purchasing agent shall have the authority to reject any or all bids, proposals, quotations, or responses to any competitive solicitation and re- compete or purchase the required commodities, services, or construction in any manner authorized by this division. (d) In the absence or non-availability of the city manager, the deputy city manager, assistant city manager, or procurement manager shall be the city manager’s designee. (3) Procurement manager. Authority is delegated to the procurement manager as follows: (a) Determine the appropriate and most cost-effective purchasing method of contract procurement, competitive solicitations, direct negotiations, or methods that allow the city to take advantage of value discounts and special pricing agreements, where appropriate. (b) Retain responsibility for conducting the sourcing process to ensure an objective effort to identify sufficient competition or determine if there is no competition. (c) Approve the evaluation criteria for procuring commodities, services, and construction, including any preference required or allowable by law or this code. (d) Oversee and facilitate the competitive solicitation process in collaboration with the end user to create the competitive solicitation document; approve the specifications, terms, and conditions; select members of the evaluation committee; and receive, open, tabulate, and evaluate solicitations in accordance with the provisions of this code. (e) Receive and process notices of protest and formal written protests for the purpose of determining whether the notices or written protests are timely and have timely and properly posted bond; and dismiss any invalid bid protests as determined by the legal department. 10 (f) Approve and issue purchase orders for purchases made in accordance with this code. (g) Oversee negotiations with vendors when appropriate. (h) Establish a process by which vendors are determined to be responsive to the solicitation process and responsible with respect to their capability to perform the required work. (i) Oversee the purchasing card (P-Card) program. (j) Monitor delegated authority compliance. (4) Department directors. Department directors may issue and approve direct disbursements, utilize purchasing cards, or purchase commodities and services up to two thousand five hundred dollars ($2,500.00) per purchase. Department directors may not divide the approval of the purchases of commodities or services to avoid this delegated monetary threshold. (5) Construction contracts. Contracts for construction projects exceeding one hundred thousand dollars ($100,000.00) shall be awarded by the city council to the lowest responsive and responsible bidder. Contracts for construction projects of one hundred thousand dollars ($100,000.00) or less shall be awarded by the city manager. (6) Change orders. Following the award of a contract by the city council, the city manager may approve and execute written change orders without city council approval, subject to the following: (a) The city manager may increase any contract up to a total award of one hundred thousand dollars ($100,000.00). (b) The city manager may approve any increase of contract up to a maximum of ten percent (10%) over the most recent award of the city council. (c) No contract price increase shall be approved unless sufficient funds are available for such purpose. (d) Contract price decreases may be approved without limitation. (e) The time for completion may be extended up to ninety (90) days, in any one change or cumulatively for the same project, beyond the most recent city council approved completion time. 11 Subdivision III. Source Selection and Contract Formation. Sec. 2.561. Methods of source selection. (1) Methods of source selection. Unless otherwise authorized by law, all city contracts shall be procured by one of the following methods: (a) Competitive sealed bidding (b) Competitive sealed proposals (c) Request for qualifications (d) Small purchases (e) Professional services subject to CCNA (f) Construction management at risk and design-build contracts (g) Invitation to negotiate (h) Job order contracting (i) Reverse auctions (j) Exceptions pursuant to section 2.563 (2) Competitive sealed bidding. Except as otherwise provided in this division, the purchase of commodities, services, or construction of an estimated value over fifty thousand dollars ($50,000.00) shall be by written contract with the vendor submitting the lowest responsive and responsible bid whose bid has been solicited, received, and approved pursuant to the following procedures: (a) Invitation to bid (ITB). An invitation to bid shall be requested from three (3) or more vendors for commodities, services, or construction when the estimated value exceeds $50,000.00. Award through this process is based solely on bids received and is not subject to negotiation following bid opening. The contract may not be divided to avoid this monetary threshold. An invitation to bid must include a purchase description of the commodities, services, or construction sought; the time and date for the receipt of bids and the public opening; and all contractual terms and conditions applicable to the procurement, including the criteria to be used in determining acceptability of the bid. If the city contemplates renewal of the contract, that fact must be stated in the ITB. In the alternative, the city council or designee may award to the responsive, responsible bidder offering the lowest cost as the primary awardee and the next responsive, responsible bidder offering the next lowest 12 cost as an alternate awardee(s), meeting all specifications, terms, and conditions. Nothing herein is meant to prevent multiple awards to the responsive and responsible bidders when such multiple awards are clearly stated in the bid solicitation documents. In the case of identical responsive and responsible bids, the decision as to the winning bid(s) must be made in accordance with the terms contained in the competitive solicitation. (b) Notice inviting bids. Notice for an invitation to bid shall be published at least twenty-one (21) days prior to the bid opening date. Publication may be accomplished on the city’s website, a newspaper of general circulation, or other means. (c) Notice inviting bids for construction projects. Construction projects with an estimated cost of five hundred thousand dollars ($500,000.00) or less shall be published at least twenty-one (21) days prior to the established opening date and at least five (5) days prior to any scheduled pre-bid conference. Construction projects exceeding five hundred thousand dollars ($500,000.00) shall be published at least thirty (30) days prior to the established opening date and at least five (5) days prior to any scheduled pre-bid conference. Publication may be accomplished on the city’s website, a newspaper of general circulation, or other means. (d) Security (bid bonds). When the estimated cost of a construction contract is one hundred fifty thousand dollars ($150,000.00) or higher, or when otherwise deemed necessary by the city manager, security in the form of a bid bond issued by a surety company licensed to do business in Florida or a cash bond in an amount equal to ten percent of the bid shall be prescribed in the public notices inviting bids. A vendor shall forfeit a bid security upon a refusal or failure to execute the contract within ten days after the notice of award of contract has been posted on the city’s website unless the city is solely responsible for the delay in executing the contract. The city council may, upon the refusal or failure of the vendor to execute the contract, award the contract to the next lowest vendor. In such event, the amount of the forfeited security shall be applied by the city to the contract price differential between the lowest bid and second lowest bid, and the surplus, if any, shall be returned to the forfeiting vendor. (e) Performance and payment bonds. A performance bond and a payment bond, or a “contract bond” combining the elements of a performance and a payment bond, issued by a surety company licensed to do business in Florida, may be required before entering in a contract, in an amount at least equal to the contract price or such higher amount as may be found necessary to protect the best interests of the city except in limited circumstances, such as incremental services contracts or blanket purchase orders, where it has been determined by the city manager that the potential liability resulting from the performance or payment under the contract is an amount less than the full 13 contract price. The city manager shall approve the requirement of a bond for less than the full contract price before proceeding with the bid process. If such bond is required, the form and amount of the bond shall be described in the notice inviting bids. Bonds required hereunder shall be subject to all other provision of this division and code. (f) Security in lieu of performance and payment bonds. In lieu of the bond required by this section, a vendor may file with the city, an alternative form of security in the form of cash, money order, certified check, cashier’s check, irrevocable letter of credit, or a security of a type listed in F.S. Ch. 625. Any such alternative form of security shall be for the same purpose and be subject to the same conditions as those applicable to the bond required herein. The determination of the value of the alternative form of security shall be made by the purchasing agent or designee. (g) Bid opening procedures. Sealed written bids shall be returned to the city and identified as bids on the envelope, together with other information as may be specified in the invitation to bid. Bids shall be opened publicly, in the presence of one or more witnesses, on the time and at the time and place stated in the public notices. A tabulation of all bids received, including the amount of each bid, the name of each bidder, and such other relevant information as may be specified, shall made available to the public as required by law. (3) Competitive sealed proposals. Except as otherwise provided in this division, the purchase of commodities or services of an estimated value over fifty thousand dollars ($50,000.00) shall be written contract with the vendor submitting the lowest responsive and responsible proposal whose proposal has been solicited, received, and approved pursuant to the following procedures: (a) Request for proposals (RFP). Request for proposals shall be requested from three (3) or more vendors for commodities or services when the estimated value exceeds $50,000.00. The purchase may not be divided to avoid this monetary threshold. A best value decision may result from this process where price is not the sole determinant for award. To procure commodities or services through an RFP, the procurement division must first determine that the use of an ITB is not practicable. The RFP must include a purchase description of commodities or services sought; the relative importance of price and other evaluation criteria; the time and date for the receipt of proposals and of the public opening; and all contractual terms and conditions applicable to the procurement, including the criteria to be used in determining responsiveness and acceptability of the proposal. In awarding to a vendor pursuant to an RFP, the city council or designee may award to one or more responsive, responsible vendor in accordance with the selection criteria published in the RFP. 14 (b) Notice of proposals. Projects with an estimated cost of five hundred thousand dollars ($500,000.00) or less shall be published at least twenty-one (21) days prior to the established opening date. Projects exceeding five hundred thousand dollars ($500,000.00) shall be published at least thirty (30) days prior to the established opening date. Publication may be accomplished on the city’s website, a newspaper of general circulation, or other means. (c) Receipt of proposals. A register of proposals shall be prepared and shall be open for public inspection as required by law. (d) Evaluation factors. The RFP shall state the relative importance of price and other factors and subfactors, if any. (e) Discussions with responsible offerors and revisions to proposals. As provided in the RFP, discussions may be conducted with responsible offerors, who submitted proposals reasonably determined to be selected for award, to clarify and assure the full understanding and responsiveness to the RFP requirements. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals, and such revisions may be permitted after submissions and prior to award for the purpose of obtaining best and final offers. When conducting discussions, there shall be no disclosure of any information derived from proposals submitted by competing offerors. (f) Award. Award shall be made to the responsible offeror whose proposal conforms to the RFP and is determined in writing to be the most advantageous to the city taking into consideration best value and the evaluation factors set forth in the RFP. No other factors or criteria shall be used in the evaluation. Written notice of the award of a contract to the successful offeror shall be promptly given to all offerors. (4) Request for qualifications (RFQ). An RFQ is a qualifications-based selection process. Pursuant to F.S. § 287.055, an RFQ is required for the selection of professional services involving architecture, professional engineering, landscape architecture, or registered surveying and mapping. An RFQ may be issued to establish a roster of responsive and responsible firms utilized on an as-needed basis. Projects utilizing an RFQ shall follow the same procedures as set forth in section 2.561(3). (5) Small purchases. Purchases of commodities or services with a value of more than $2,500.00 but less than or equal to $50,000.000 require competition. Purchases may not be divided to avoid this monetary threshold. Small purchases will follow the following procedures: 15 (a) Quotations. Quotations shall be obtained from at least three (3) vendors. Small purchases shall be awarded to the lowest responsive and responsible vendor whose quotation provides best value to the city. (b) Notice inviting quotations. Quotations shall be solicited either by written request or orally. Acceptable means include but are not limited to facsimile transmissions, electronic mail, telephone, in person, internet, or through an approved electronic procurement or supplier relationship management system. (c) Sealed written quotations. In the event the procurement manager determines that sealed written quotations are in the best interest of the city, quotations received shall be opened in public at the time and place designated in the notice inviting quotations. (d) Award of contract. Except as otherwise provided in this subdivision, each contract shall be awarded to the lowest responsible and responsive vendor. (6) Professional services subject to CCNA. Professional services within the scope of the practice of architecture, professional engineering, landscape architecture, or registered surveying and mapping shall be procured in accordance with F.S. § 287.055, referred to as the Consultants’ Competitive Negotiation Act (CCNA). (a) Public announcement. The public notice must include a general description of the project and must indicate how the interested firms may apply for consideration. Publication may be accomplished on the city’s website, a newspaper of general circulation, or other means. (b) Competitive selection. The city shall select in order of preference no fewer than three firms deemed to be the most highly qualified to perform the required services. In determining whether a firm is qualified, the city shall consider such factors as the ability of professional personnel; past performance; experience; capabilities; whether a firm is a certified minority business enterprise; willingness to meet time and budget requirements; location; recent, current, and projected workloads of the firms; and the volume of work previously awarded to each firm by the city. The city may request, accept, and consider proposals for the compensation to be paid under the contract only during competitive negotiations. If less than three firms respond to the solicitation, and every effort was made to comply with the requirements of F.S. § 287.055, the city may proceed with the evaluation process. (c) Competitive negotiations. The city shall negotiate a contract with the most qualified firm for professional services at compensation which the city determines is fair, competitive, and reasonable. In making such determination, the city shall conduct a detailed analysis of the cost of the professional services required in addition to considering their scope and 16 complexity. Should the city be unable to negotiate a satisfactory contract with the firm considered to be the most qualified at a price the city determines to be fair, competitive, and reasonable, negotiations with that firm must be formally terminated. The city shall then undertake negotiations with the second most qualified firm. Failing accord with the second most qualified firm, the city must terminate negotiations. The city shall then undertake negotiations with the third most qualified firm. Should the city be unable to negotiate a satisfactory contract with any of the selected firms, the city shall select additional firms in the order of their competence and qualification and continue negotiations in accordance with this subsection until an agreement is reached. The city shall require the firm receiving the award to execute a truth-in- negotiation certificate stating that wage rates and other factual unit costs supporting the compensation are accurate, complete, and current at the time of contracting. Any professional service contract under which such a certificate is required must contain a provision that the original contract price and any additions thereto will be adjusted to exclude any significant sums by which the city determines the contract price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such contract adjustments must be made within 1 year following the end of the contract. (d) Continuing contract. Nothing in this section shall prohibit a continuing contract, as defined in F.S. § 287.055, between a firm and the city. The city may issue an RFQ to establish a roster of responsive and responsible firms utilized on an as-needed basis, pursuant to F.S. § 287.055. (7) Construction management at risk and design-build contracts. Construction management and design-build services, as defined in F.S. § 255.103 and § 287.055, respectively, shall be procured pursuant to the process defined in the CCNA, unless the purchasing agent or designee elects to bid construction management at risk and design-build contracts through an invitation to bid or request for proposal process, as provided in F.S. § 255.20(1), where price is considered in the award process. Contracts for construction management and design-build services shall follow the same procedures as set forth in section 2.561(6). (8) Invitation to negotiate (ITN). When procurement for commodities or services is not practicable through an ITB or an RFP, competitive sealed replies may be solicited through an ITN. The procurement division must first determine, in writing, why negotiation with one or more vendors may be necessary for the city to achieve specific goals or solve a particular problem and receive best value. Objective factors may include but are not limited to price, quality, design, and workmanship. The ITN must include a purchase description of the commodities or services sought, the time and date for the receipt of replies and of the public 17 meeting, including the criteria to be used in determining the acceptability of the reply. Typically, price is not an evaluation criterion and is not addressed until the negotiation phase of the procurement. Projects utilizing an ITN shall follow the same notice procedures as set forth in section 2.561(3). (9) Job order contracting (JOC). Job order contracting is a project delivery method utilized to get numerous, commonly encountered construction projects done quickly and easily through multi-year contracts for a wide variety of renovation, repair, and minor construction projects. A job order contract is a competitively bid, fixed price, multi-year construction contract based on established or published unit prices from a unit price book or a price list with a multiplier applied to the unit prices. The unit prices are used to price construction tasks associated with the scope of work. The contract is an IDIQ (indefinite delivery indefinite quantity) contract for on-call construction services and serves as an umbrella contract with a potential maximum amount of work over a specified term such as annual or multi-year term. JOC is an appropriate delivery method for any type of repetitive work, especially small renovation jobs. It allows for a longer relationship with the selected vendor. Projects may include, but not be limited to, electrical, mechanical, plumbing, painting, roofing, landscape improvements, data communication, audio visual, signing, flooring, etc. Firms shall be selected through one of the source selection methods as authorized in sections 2.561(2)- (4). (10) Reverse auctions. Reverse auction is a procurement method wherein bidders are invited to bid on specified commodities or services through real-time electronic bidding, with the award being made to the lowest responsive and responsible bidder. During the bidding process, bidders shall only be informed as to whether the bid is in the lead, meaning the lowest priced, or whether the bid is lagging. If a bid is lagging, the bidder is provided a good faith opportunity to modify the bid prices for the duration of the bidding period established at bid opening. Reverse auctions will not be used for construction. Sec. 2.562. Disqualification, rejection, and bid protest. (1) Disqualification of bids. Any bid, proposal, quotation, or vendor response to a competitive solicitation may be disqualified and rejected if it is determined by the purchasing agent or designee that any of the following circumstances exist: (a) The bid, proposal, quotation, or vendor response did not strictly conform to the requirements set forth in the solicitation, provided, however, the city reserves the right to waive inconsequential deviations where a change does not result in an increase in price to the city. (b) A vendor has demonstrated, through documented performance in the industry or through prior dealings with the city, to be unable to satisfactorily meet the responsibilities and capabilities of a successful vendor. 18 (c) A vendor’s product has demonstrated, through documented performance in the industry or through prior dealings with the city, to be unable to satisfactorily meet the accepted demands placed upon the product. (d) A vendor’s product is different from the city’s standard. (2) Rejection of bids. The purchasing agent may: (a) Reject any or all bids, proposals, quotations, or vendor responses to a competitive solicitation; or (b) Reject all bids, proposals, quotations, or vendor responses, and re-advertise the solicitation, pursuant to the procedures prescribed in this division; or (c) Reject all bids, proposals, quotations, or vendor responses, and direct that the project or service in question be performed by city forces upon determining that the project or service can be timely performed for an amount less than each of the solicitations submitted. (3) Bid protest. A vendor who submitted a response to a competitive solicitation and was not selected may appeal the decision through the bid protest procedures, a copy of which shall be available in the procurement division. A protesting vendor must include a fee of one percent (1%) of the amount of the bid or proposed contract to offset the city’s additional expenses related to the protest. This fee shall not exceed five thousand dollars ($5,000.00) nor be less than fifty dollars ($50.00). Full refund will be provided should the protest be upheld. No partial refunds will be made. Sec. 2.563. Exceptions to the competitive process. (1) The competitive bidding requirements set forth in this division may be waived when one of the following conditions exist: (a) Single source. Commodities or services are available only from a single source. (b) Micro purchases. Purchases of commodities or services with a value of $2,500.00 or less do not require competition. i) Departments will attempt to obtain the lowest price available, consistent with time and effort involved. ii) Whenever possible, the purchase shall be made using a purchasing card or direct disbursement. 19 iii) If necessary, a purchase order for a micro purchase may be requested through the procurement division. (c) Piggyback or cooperative purchasing. Purchases of commodities or services at or below the specified prices from contracts previously awarded by other governmental entities or to purchase commodities or services in cooperation with another governmental entities in Florida. (d) Non-competitive purchases. The purchasing agent or designee determines that the nature of the commodity or service is such that competitive bidding is impossible, impractical, or cannot be obtained. (e) CCNA professional services contracts. Professional service contracts for projects with an estimated cost less than the threshold amounts as set forth in F.S. § 287.055. (f) Professional services not subject to CCNA. Services for or rendered by medical, health, legal, appraisals, mediators, auditors, academics, artists, and lecturers, or services provided by persons with disabilities under not-for-profit corporations. (g) Legal. Commodities or services purchased by the city or its representatives when necessary to the prosecution or defense of any claim or lawsuit in which the city is a party or in which it is anticipated by the city attorney, the risk manager, or the third-party administrator of the city’s self-insurance program that the city will become a party. (h) Workers’ compensation. Commodities or services purchased by the city or its representatives to comply with F.S. Ch. 440, Florida Workers’ Compensation, or when necessary to the defense of any workers compensation claim asserted against the city. (i) Insurance. Contracts for insurance, except when competitive bidding is required by statute. (j) Owner direct purchases (ODP). Purchase of construction materials included in the scope of an awarded construction contract to realize sales tax savings, pursuant to F.S. § 212.08(6). (k) Emergencies. The purchasing agent may authorize an emergency purchase of any commodity, service, or construction without competitive bidding. Procurement requirements may be suspended upon declaration of emergency by the city manager, or upon written certification by a department director to the purchasing agent that a threat exists to the public health, welfare, safety, or other interests of the city and that any delay because of competitive bidding would be detrimental to the interests of the city. 20 Emergency procurements exceeding one hundred thousand dollars ($100,000.00) must be ratified by the city council at the next regular or special public meeting. (l) Copyrighted materials. Purchases for copyrighted materials including, but not limited to, computer software, films, filmstrips, videotapes, dvds, recordings, reference books, or similar items when such materials are procured directly from the producer or publisher, the owner of the copyright, an exclusive agent within the state, governmental agency, or recognized educational institution. (m)Regulated utilities. Procurement of regulated utilities or government-franchise services. (n) Resale commodities or services. Commodities or services purchased for resale are excluded from the competitive bidding provisions of this division. The market survey or competitive price comparison approach will be used to determine best value. Award of contract for resale commodities or services shall be made by the department director with procurement manager approval. City council approval is not required. (2) Competition is favored even though this section may allow an exemption. Such exemptions shall be submitted as a formal request from the requesting department director and include a detailed justification for the exemption. The purchasing division may establish procedures that support the competitive process regardless of the exemption status. (3) Purchases over one hundred thousand dollars ($100,000.00) made pursuant to this section shall be submitted to the city council for approval. Sec. 2.564. Specifications preparations. (1) Specifications preparations. Standards shall be established for the preparation, maintenance, and content of specifications for commodities, services, and construction for the city. The purchasing agent or designee shall monitor the use of specifications for commodities, services, and construction for the city. (2) Maximum practicable competition. All specifications shall seek to promote overall economy for the purposes intended and encourage competition in satisfying the city’s needs and shall not be unduly restrictive. (3) Specifications prepared by those other than city personnel. The requirements of this section regarding the purposes and non-restrictiveness of specifications shall apply to all specifications prepared by those other than city personnel, including, but not limited to, those prepared by architects, engineers, and designers. 21 Sec. 2.565. Authority to debar or suspend. (1) Debarment or suspension. After reasonable notice to the vendor involved and reasonable opportunity for that vendor to be heard, the purchasing agent is authorized to debar or suspend a vendor for cause from further consideration for award of contracts with the city. The debarment or suspension shall not be for a period of more than three (3) years. (2) The causes for debarment or suspension include one of the following: (a) Conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract. (b) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty which seriously and directly affects responsibility as a city vendor. (c) Conviction under state or federal anti-trust statutes arising out of the submission of bids or proposals. (d) Violation of contract provisions, as set forth below, of a character which is regarded by the purchasing agent to be so serious as to justify debarment action: (i) Deliberate failure without good cause to perform in accordance with the specifications or within the time limit provided in the contract; and (ii) Recent failure to perform or unsatisfactory performance in accordance with the terms of one (1) or more contracts; provided that failure to perform or unsatisfactory performance caused by acts beyond the control of the vendor shall not be considered to be a basis for debarment. (e) Any other cause the purchasing agent determines to be so serious and compelling as to affect responsibility as a city vendor, including debarment or suspension by another governmental entity for any cause listed in this section. Sec. 2.566. Integrity of the competitive solicitation process; no-contact period; public records and meetings. (1) From the time a competitive solicitation is posted until such time as the contract is awarded by the city or the solicitation is cancelled, all bidders, offerors, respondents, including their employees, representatives, and other individuals acting on their behalf, shall be prohibited from lobbying city officers, city 22 employees, and evaluation committee members. Violation of this section may result in rejection/disqualification from award of the contract arising out of the competitive solicitation. All questions regarding the competitive solicitation must be directed to the procurement manager or designee, who will respond in writing and post such response to ensure that all respondents receive the same information during the No-Contact Period. The penalty for violating the No- Contact Period may include suspension or debarment. (2) Pursuant to F.S. § 119.071(1)(b), sealed bids, proposals, or replies received in response to a competitive solicitation are exempt from F.S. § 119.07(1) and § 24(a), Article I of the State Constitution until such time as the city provides notice of an intended decision or until thirty (30) days after opening of the bids, proposals, or replies, whichever is earlier. If the city rejects all bids, proposals, or replies submitted in response to a competitive solicitation and provides notice of its intent to reissue the competitive solicitation, the rejected bids, proposals, or replies remain exempt until such time as the city provides notice of an intended decision concerning the reissued competitive solicitation or until the city withdraws the reissued competitive solicitation. A bid, proposal, or reply is not exempt for longer than 12 months after the initial city notice rejecting all bids, proposals, or replies. (3) Pursuant to F.S. § 286.0113, any portion of a meeting at which a negotiation with a vendor is conducted pursuant to a competitive solicitation, at which a vendor makes an oral presentation as part of a competitive solicitation, or at which a vendor answers questions as part of a competitive solicitation is exempt from F.S. § 286.011 and § 24(b), Article I of the State Constitution. Any portion of an evaluation committee meeting at which negotiation strategies are discussed is exempt from F.S. § 286.011 and § 24(b), Article I of the State Constitution. A complete recording shall be made of any portion of an exempt meeting. No portion of the exempt meetings may be held off the record. Subdivision IV. Ethics in Public Procurement. Sec. 2.571. Standards of conduct. (1) Code of ethics. The city is committed to a procurement process which promotes fair and open competition, implements the highest ethical standards, and maintains the confidence of the public. To achieve these objectives, all city officers and city employees who purchase commodities, services, construction, or otherwise involved in the procurement process for the city, shall be subject to the following: (a) Regard public service as a trust and support the professional principles of public procurement. 23 (b) Be governed by the highest ideals of honor and integrity in all public and personal relationships to merit the respect and inspire the confidence of the city and the public being served. (c) Conduct procurements in good faith and demand honesty and ethical practices from all participants in the procurement process. (d) Avoid unfair practices by granting all vendors equal consideration insofar as federal, state, and local laws require. (e) Promote positive vendor relationships by affording vendor representatives courteous, fair, and ethical treatment. (f) Avoid involvement in any transaction or activity considered to be a conflict between personal interest and the interests of the city. (g) Strive to continually increase competition in vendor selection and endeavor to prevent any collusion among vendors. (h) Avoid political considerations or other conflicting outside influences from entering relationships with vendors or their representatives. (2) Conflict of interest. It shall be a breach of ethical standards for any city officer or city employee to participate directly or indirectly in a procurement as follows: (a) The officer or employee, or any member of their immediate family, has a financial interest pertaining to the procurement; or (b) The officer or employee, or any member of their immediate family, holds employment or contractual relationship with any business entity that has a financial interest pertaining to the procurement; or (c) The officer or employee, or any member of their immediate family, is negotiating or has an arrangement concerning prospective employment with any vendor that is involved in the procurement. (3) Discovery of actual or potential conflict of interest and disqualification. Upon discovery of an actual or potential conflict of interest, an employee shall promptly file a written statement of disqualification and shall withdraw from further participation in the procurement involved. Sec. 2.601—2.608. Reserved. Subdivision I. - Generally Sec. 2.541. - Definitions. 24 Terms not defined in this section shall have the meaning customarily assigned to them. Otherwise, the following words, terms and phrases, when used in this division, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning: Commodity means any of the various supplies, materials, goods, merchandise, equipment, and other personal property purchased, leased or otherwise contracted for by the city, unless coming within the definition of Public works contracts. However, commodities purchased for resale are excluded from the bidding provisions of this division. Award of contract for resale commodities shall be made by the responsible department director. Design-build means a construction project delivery method or approach involving a single contract for both the design and construction of a project. Upon approval of council, the award of a single design-build contract may, in addition to the design and construction of the project, include the financing, operation and/or maintenance of the project over the contractually defined period of time. Design-build contract means a single contract with a design-build firm for, at a minimum, the design and construction of a public construction project. Design-build firm means a partnership, corporation, or other legal entity which: (1) Is certified under section F.S. § 489.119, to engage in contracting through a certified or registered building contractor as the qualifying agent; and (2) Is certified under F.S. § 471.023, to practice engineering; certified under F.S. § 481.219, to practice or to offer to practice architecture; or certified under F.S. § 481.319, to practice or to offer to practice landscape architecture. Design criteria package or the design requirements shall mean concise, performance-oriented drawings or specifications of the public construction project. The purpose of the design criteria package is to furnish sufficient information so as to permit design-build firms to prepare a bid or response to a request for proposal, or to permit the city to enter into a negotiated design-build contract. The design criteria package shall specify such performance-based criteria for the public construction project, including, but not limited to, the legal description of the site; survey information concerning the site; interior space requirements; material quality standards; schematic layouts and features, functions, characteristics and other conceptual design criteria of the project; cost and budget estimates for design, construction and, if applicable, operation and maintenance; anticipated schedule(s) of design and construction components, including durations and start and completion dates; site development requirements; provisions for utilities; storm water retention and disposal; and parking requirements as may be applicable to the project. Design criteria professional means an individual or firm who holds a current certificate of registration under F.S. Ch. 481, to practice architecture or landscape architecture or a firm who holds a current certificate as a registered engineer under F.S. Ch. 471, to practice engineering and who is employed by or under contract to the city for the providing of professional architect services, landscape architect services, or engineering services in connection with the preparation of the design criteria package. 25 Electronic coordination signature means, with respect to the processing of a purchase requisition, the approval of the requisition by means of a password-protected and coded authorization transmitted by computer. Invitation to bid includes invitations to bid, requests for proposals, and solicitations for quotations from vendors. The term also includes re-advertising for bids. Lowest responsible bid or lowest responsible quotation means the lowest bid or quotation received that best responds in quality, fitness and capacity to the requirements of the proposed work or usage, as specified, from a vendor deemed responsible and responsive to the invitation to bid or solicitation for a quotation. In determining the lowest responsible bid or quotation, the following shall be considered, in addition to price: (1) The quality of commodities or services offered; (2) The ability, capacity and skill of the vendor to perform the contract or provide the commodities or services required; (3) Whether the vendor can perform the contract or provide the commodities or services promptly, or within the time specified, without delay or interference; (4) The sufficiency of the vendor's financial resources and the effect thereof on the vendor's ability to perform the contract or provide the commodities or services; (5) The character, integrity, reputation, judgment, experience and efficiency of the vendor; (6) The quality of vendor's performance on previous orders or contracts for the city; (7) Litigation by the vendor on previous orders or contracts with the city; (8) Compliance by the vendor with federal, state and local laws and ordinances relating to the subject of the purchase or contract; (9) The ability of the vendor to provide future maintenance and service where such maintenance and service is essential; (10) Internal cost of vendor's proposal, including any additional expenditure required by the city to complete the project or purchase; and (11) Life cycle costs, including costs of purchase, maintenance, and disposal, less residual value over the expected life of the product. Public works contracts means all contracts involving construction for the city. Any construction involving a project related to but not included in a project for which the city has contracted is not exempt from the competitive bidding procedure as set forth in this division, notwithstanding its relationship to a project which has previously been bid upon. Purchase includes a purchase or a lease of more than one year. Purchasing agent means the city manager or any employee of the city to whom the city manager has delegated some or all of the duties of the office. 26 Service means labor rendered for the benefit of the city or the public at large pursuant to a contract with the city. As used herein, unless the context clearly indicates otherwise, the term includes but is not limited to public works contracts. Standardization means criteria utilized to support the purchase of specified product(s) or product lines; to include training, service support, repair parts availability and cost, and relationship to current inventory. Vendor means a prospective vendor who submits a bid, a proposal, or a quotation for the sale of a commodity or service to the city in response to an invitation to bid/quote. Sec. 2.542. - System adopted. In order to establish efficient procedures for the acquisition or use of commodities, services, and public works projects; at the lowest possible cost commensurate with quality needed; to exercise positive financial control over purchases; to clearly define and implement the purchasing function and to assure the quality of purchases, a purchasing system is hereby adopted as provided in this division. Sec. 2.543. - Centralized purchasing office. There is hereby created a centralized purchasing office. Sec. 2.544. - Purchasing agent. The city manager is the purchasing agent for the city, with ultimate responsibility under the charter. The city manager may delegate some or all of the purchasing authority, except the authority to make the final decision, to any city employee. The city manager shall have the authority to do as follows: (1) Purchase or lease or contract for the purchase or lease of commodities or services required for or by the city, in accordance with purchasing procedures prescribed by this division and in accordance with such administrative policies and procedures as the city manager may prescribe for internal management and operation of the purchasing office; (2) Negotiate and recommend execution of contracts for the purchase of commodities or services; (3) Act to procure for the city the needed quality in commodities or services at least expense; (4) Discourage uniform bidding and encourage full and open competition on all purchases; (5) Prepare revisions and amendments to the purchasing regulations set forth herein, as necessary, and recommend such revisions and amendments to the city commission; (6) Prepare policies and procedures governing the purchase of commodities or services for the city; 27 (7) Keep informed of current developments in the field of purchasing, prices, market conditions and new projects; (8) Prescribe and maintain such forms as may be reasonably necessary to the operation of this division and other rules and regulations; (9) Supervise the inspection of all commodities and services purchased to ensure conformance with specifications; (10) Transfer surplus commodities between departments as needed; (11) Maintain a vendors list, vendors catalog file and records needed for the efficient operation of the purchasing office; (12) Conduct all sales of excess property which the city commission may authorize to be sold as having become unnecessary or unfit for the city's use; (13) Donate or dispose surplus property with a current market value of less than the fixed asset control level. Sec. 2.545. - Submittal of requests to purchase commodities or services. Departments shall submit electronically requests to purchase commodities or services to the purchasing agent on purchase requisition forms or by other means as may be prescribed by the purchasing office. The department director's signature or the signature of the department director's designated representative, or electronic coordination on the requisition indicates that funds are available for the purchase; that the requisition has been coordinated and approved within that department or other departments as necessary; that the quantities, item descriptions and specifications described the minimum needs of that department; and that the purchasing agent is authorized to acquire the commodities or services. Sec. 2.546. - Purchase orders or contracts to be used. Purchases of commodities and services shall be made only by purchase orders and/or other written contract executed by the purchasing agent. Except as otherwise provided in this division, no purchase order shall be issued unless the prior approval of the city manager has been obtained. The purchase order authorizing the expenditure of funds shall be signed by the purchasing agent. Construction contracts exceeding $50,000.00 shall be made by both purchase order and written contract. Sec. 2.547. - Vendors list. The purchasing agent is authorized to maintain a list of vendors for the purpose of mailing notices inviting bids or requests for proposals or soliciting quotations from time to time. A vendor who desires to be included on the vendors mailing list shall complete and submit a vendor's application. The Public Works Administration project "Pre- qualified Contractor's List" will be maintained by public works. Contractors who desire to be included in the public works project bidding process shall complete and submit the pre-qualification requirements to Public works. Subdivision II. - Purchase of Commodities, Services, and Public Works Contracts[27] 28 Sec. 2.561. - Purchases over $50,000.00. Except as otherwise provided in this division, the purchase of commodities or services of an estimated value over $50,000 shall be by purchase order and/or other written contract with the vendor submitting the lowest responsible bid whose bid has been solicited, received and approved, pursuant to the following procedures: (1) Notice inviting bids. (a) Notices inviting bids for commodities and services shall be published at least one time in a newspaper of general circulation within the city and shall include a general description of the commodities or services to be purchased, a statement of where the bid documents may be obtained, and the date, time, and place of the public opening of bids. The publication shall be not less than ten calendar days before the bid opening date. Sealed bids shall also be solicited from responsible prospective vendors including those on the registered vendor's list. (b) Notices inviting bids for construction projects where the cost of the project is more than $200,000.00 shall be publicly advertised at least once in a newspaper of general circulation within the county where the project is located at least 21 days prior to the established opening date and at least five days prior to any scheduled pre-bid conference. Construction projects exceeding $500,000.00 shall be publicly advertised at least once in a newspaper of general circulation in the county where the project is located at least 30 days prior to the established bid opening and at least five days prior to any pre-bid conference. (2) Security (bid bonds). When the estimated cost of a public works contract is $150,000.00 or higher, or when otherwise deemed necessary by the city manager, security in the form of a bid bond issued by a surety company licensed to do business in Florida or a cash bond in an amount equal to ten percent of the bid shall be prescribed in the public notices inviting bids. A vendor shall forfeit a bid security upon a refusal or failure to execute the contract within ten days after the notice of award of contract has been mailed, unless the city is solely responsible for the delay in executing the contract. The city commission may, upon the refusal or failure of the successful vendor to execute the contract, award the contract to the next lowest vendor. In such event, the amount of the lowest vendor's bid security shall be applied by the city to the contract price differential between the lowest bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. (3) Bid opening procedures. Sealed written bids shall be returned to the city and identified as bids on the envelope, together with other information as may be specified in the invitation to bid. Bids shall be opened in public on the date and at the time and place stated in the public notices. A tabulation of all bids received shall be made available to the public. (4) Rejection of bids. The city manager may: (a) Reject all bids; or 29 (b) Reject all bids and re-advertise for bids, pursuant to the procedure prescribed in this section. (c) Reject all bids and direct that the project or service in question be performed by city forces upon determining that the project or service can be timely performed for an amount less than each of the bids submitted. (5) Award of contracts. Contracts exceeding $100,000.00 shall be awarded by the city commission to the lowest responsible vendor. Contracts of $100,000.00 or less shall be awarded by the city manager, assistant city manager and may be further delegated to the purchasing manager. (6) Performance and payment bonds. A performance bond and a payment bond, or a "contract bond" combining the elements of a performance and a payment bond, issued by a surety company licensed to do business in Florida, may be required before entering into a contract, in an amount at least equal to the contract price or such higher amount as may be found reasonably necessary to protect the best interests of the city except, in limited circumstances, such as incremental services contracts or blanket purchase orders, where it has been determined by the department director that the potential liability resulting from the performance or payment under the contract is an amount less than the full contract price. The department director shall obtain the approval of the city manager to require a bond for less than the full contract price before proceeding with the bid process. If such bond is required, the form and amount of the bond shall be described in the notice inviting bids. Bonds required hereunder shall be subject to all other provisions of this section and the Code. (7) Security in lieu of performance and payment bonds. in lieu of the bond required by this section, a contractor may file with the city, an alternative form of security in the form of cash, a money order, a certified check, a cashier's check, an irrevocable letter of credit, or a security of a type listed in Part II, Chapter 625 of the Florida Statutes. Any such alternative form of security shall be for the same purpose and be subject to the same conditions as those applicable to the bond required hereunder. The determination of the value of the alternative form of security shall be made by the appropriate representative of the city as described above. (8) Change orders. Any change in the contract price, scope of work or time for completion of any project following the award of a contract shall be by a written change order, approved by the city commission and executed with the same formalities as the contract. However, the city manager may approve and execute change orders without city commission approval subject to the following limitations: (a) Contract price increases may be approved to a total award of $100,000.00 for any contract with the same approval authority as (5) above. The city manager may approve any increase of contract up to a maximum of ten percent over the most recent award of the city commission. The scope of any project may not be changed without prior approval of the city 30 commission. No contract price increase shall be approved unless there are sufficient funds available for such purpose. (b) Contract price decreases may be approved without limitation. (c) The time for completion may not be extended by more than 60 days, in any one change or cumulatively for the same project, beyond the most recent commission-approved contract completion time. (d) No change order shall change the scope of the work unless approved by the city commission. (e) City manager approved contracts may not exceed ten percent cumulatively, inclusive of all change orders. Sec. 2.562. - Purchases for $50,000.00 or less. Except as otherwise provided in this division, purchases of commodities or services of a value of $50,000.00 or less, may be made in the open market, pursuant to the following procedure and without observing the procedure prescribed in section 2.561: (1) Minimum number of quotations. Open market purchases shall be based on at least three quotations and shall be awarded to the vendor making the lowest responsible quote. (2) Notice inviting quotations. Quotations shall be solicited either by written request, which may include facsimile transmission, electronic mail or by telephone. (3) Sealed written quotations. Sealed written quotations received in response to written solicitations for quotations shall be submitted to the purchasing agent who shall keep a record of all open market orders and quotes. (4) Written quotation opening procedures. When formal written quotations are requested and received, the quotations shall be opened in public at the time and place designated by the purchasing agent. (5) Rejection of quotations. The city manager as purchasing agent may: (a) Reject all quotations; or (b) Reject all quotations and re-obtain quotations pursuant to the procedures prescribed in this subdivision. (6) Award of contracts. Except as otherwise provided in this division, each contract shall be awarded to the lowest responsible vendor. Sec. 2.563. - Disqualification of apparently lowest responsible bid or quotation. An apparently lowest responsible bid or quotation may be disqualified as such and the bid may be rejected if it is determined by the purchasing agent that any or all of the following circumstances exist: (1) A bid or quotation submitted by a vendor did not strictly conform to the required specifications; provided, however, the city reserves the right to waive 31 inconsequential deviations from the specifications where a change does not result in an increase in price to the city. (2) A vendor has demonstrated, through documented performance in the industry or through prior dealings with the city, to have been unable to satisfactorily meet the responsibilities required of a successful low bidder. (3) A vendor's product has been demonstrated, through documented performance in the industry, or through prior use by the city, to be incapable of satisfactorily meeting the accepted demands to be placed upon the product. (4) A vendor's product that is different from the city's standard. Vendors who submitted a bid or quotation and were not selected may appeal the decision of the purchasing manager through use of the bid protest procedures, a copy of which shall be available in the purchasing office. Protesting vendor must include a fee of five percent of the selected vendors total bid to offset the city's additional expenses related to the protest. This fee shall not exceed $2,500 nor be less than $50. Full refund will be provided should the protest be upheld. No partial refunds will be made. Sec. 2.564. - Exceptions to bid and quotation procedure. (1) The bidding requirements set forth in this subdivision may be waived when one of the following conditions exists: (a) A department director certifies via electronic coordination of the purchase requisition describing to the purchasing agent that an emergency exists in regard to the purchase of any commodity or service and that the delay incident to giving opportunity for competitive bidding would be detrimental to the interest of the city. The responsible department director shall provide a detailed summary outlining the facts demonstrating the existence of an emergency. Upon determining that an emergency exists the purchasing agent may authorize the purchase. Emergency purchases that exceed the purchasing agent's authority must be approved by the city commission at the earliest regular or special public meeting thereafter. (b) Commodities or services are available only from a sole source, after determination by the purchasing agent upon review of written summary of facts from the department director requesting the purchase. (c) The amount of the purchase is $2,500.00 or less. (d) It is to the advantage of the city to purchase commodities or services in cooperation with another governmental entity in Florida or to purchase commodities or services from contracts previously awarded by other governmental entities as recommended by the department director or designee. (e) The purchasing agent determines that the nature of the commodity or service is such that competitive bidding is impossible, impractical, or cannot be obtained as recommended by the requesting department director. (f) Professional services subject to the Florida Consultants Competitive Negotiations Act. 32 (g) Services rendered by health services including mental health; legal services including paralegal, expert witness, appraisal or mediator services; auditors; academic and lecturers; or services provided by persons with mental or physical disabilities under not-for-profit corporations. (h) Commodities or services purchased by the city or its representatives when necessary to the prosecution or defense of any claim or lawsuit in which the city is a party or in which it is anticipated by the city attorney, the risk manager, or the third party administrator of the city's self-insurance program that the city will become a party. (i) Commodities or services purchased by the city or its representatives when necessary to comply with Chapter 440, Florida Statutes (Florida Worker's Compensation Law), or when necessary to the defense of any worker's compensation claim asserted against the city. (j) Contracts of insurance. (k) Purchase of construction materials included in the scope of an awarded construction contract in order to realize sales tax savings, in accordance with Section 212.08(6), F.S. (l) Purchasing bid/quotation requirements may be suspended for a period (to be determined by the emergency condition) upon declaration of emergency by the city manager. Awards of contract may be delegated in writing to any designee in the amount not to exceed $100,000.00. (2) Purchases over $100,000.00 made pursuant to this section shall be submitted to the city commission for approval. Sec. 2.565. - Reserved. Subdivision III. - Reserved Subdivision IV. - Outline Procedures for Awarding Design-Build Contracts Sec. 2.601. - Award of design-build contracts. (1) Purpose. This ordinance establishes uniform rules for the procurement and administration of design-build contracts for construction projects as contemplated by F.S. § 287.055. (2) Selection of the design criteria professional. The design criteria professional shall be selected and contracted in accordance with the requirements of F.S. § 287.055(4) and (5), unless he or she is an employee of the city. The design criteria professional that prepares the design criteria package will not be eligible to render services under the design-build contract. (3) Design criteria package requirements. A design criteria package shall be prepared for the city by the design criteria professional. It shall specify performance criteria for the project including, but not limited to, size, net interior space provisions, location, material quality standards, cost, construction schedule, site development 33 requirements, landscaping, grading, utility provisions for water, power, telephone, storm water disposal and parking provisions. The purpose of the package is to furnish sufficient information upon which firms may prepare bid proposals or upon which negotiations may be based. The firm to whom the design-build contract is awarded will be responsible for creation of the project design based on the criteria in the design criteria package. (4) Minimum qualification requirements for firms providing design-build services. Firms must be qualified pursuant to rules of qualification for bid submittals found in Division 3, Purchasing, of the Code of Ordinances. (5) Public announcement procedures. The city shall publicly request, in a newspaper of general circulation and by posting notice at its offices, competitive proposals from design-build firms. The request shall provide a general description of the project and define procedures on how interested qualified firms may apply for consideration. (6) Certification and competitive selection. (a) The city shall determine the relative ability of each firm to perform the services required for each project. Determination of ability shall be based on staff training and experience, firm experience, location, volume of past contracts with the agency, financial capacity, past performance, and current and projected workloads. In making its determination the city shall interview no less than three firms to determine the firms' ability to provide services and commitment to meet time and budget requirements. (b) The city shall select no less than three nor more than six firms deemed to be most highly qualified to perform the required services, after considering the factors in (1) above. Each of these firms will be eligible for consideration in accordance with subsections (g) or (h), infra. (c) The city may determine that it is in the best interest of the city to negotiate instead of inviting competitive proposals when: i. The project is one with standard requirements such as an office building or a storage warehouse; or ii. The project requires special expertise; or iii. There is a need to complete the project on an accelerated schedule. (d) When the city determines in writing that an emergency exists, a firm shall be selected by competitive negotiation under subsection (h), infra. (7) Competitive proposals for design-build services. (a) Unless negotiation is authorized, proposals will be received from those qualified firms determined eligible under subsection (f), supra. Proposals shall include proposed price and a conceptual design in response to the design criteria package. The city shall establish a relative weighing factor, that is, a maximum permissible score in the form of a percentage, for each proposed building system component of the design criteria package. The weighing factors shall total 100 percent. The city shall review the conceptual design proposed by 34 each firm and give each component a score somewhere between zero and the maximum permissible score (the weighing factor) for the component. (b) The city will then total the score given for each proposed component and divide that score into the price proposed. The quotient will be the adjusted price. The low qualified proposer will then be that proposer whose adjusted price is lowest. The city shall approve an award to the firm with the lowest adjusted price and enter into a contract for the proposed price if the price is within the project budget. (8) Competitive negotiation for design-build services. (a) If negotiation is authorized, the city shall select no less than three firms in order of preference from those deemed to be most qualified to perform the required services under subsection (e), supra. In making its determination the city shall interview no less than three firms to determine their relative ability to meet time and budget requirements and to identify and establish the relative merits of each firm's approach to managing and scheduling the project. The city will then attempt to negotiate a contract with the most qualified firm. (b) When authorized, the city shall negotiate and enter into a contract for design- build services for the project with the firm authorized at compensation determined to be fair, competitive and reasonable. In making the determination, the city shall analyze the cost of the design-build services required, giving full consideration to the scope and complexity of the project. The compensation shall be on a guaranteed maximum price basis for all costs, which shall include reimbursable costs plus fixed lump sum fees for design, project management, overhead and profit. (c) Should the city be unable to negotiate a satisfactory contract with the firm considered to be the most qualified, at a price the city determines to be fair, competitive and reasonable, negotiations with that firm shall be formally terminated. The city shall then undertake negotiations with the second most qualified firm. Failing accord with the second most qualified firm, the city shall then undertake negotiations with the third most qualified firm. (d) Should the city be unable to negotiate a satisfactory contract with any of the selected firms, additional firms shall be selected in accordance with the provisions of this section. Negotiations shall continue in accordance with this section until an agreement is reached. (e) The award of a negotiated contract shall be approved by the City. (9) Public emergency exception. In the case of public emergencies, the city may declare an emergency and authorize negotiations with the best-qualified design- build firm available at that time. An emergency is a set of circumstances caused by a sudden unexpected turn of events (e.g., acts of God, riot, fires, floods, accidents or any circumstances or cause beyond the control of the city in the normal conduct of its business) where the delay incident to publication of the announcement and competitive proposals would result in an immediate danger to the public health, safety or welfare or other substantial loss to the city. 35 Sec. 2.602. - Procurement of construction management services. If the city manager determines that it is in the best interest of the city to proceed with a city council's construction project using the services of a construction manager, who will hold all contracts of the general contractor and subcontractors, then those services may be procured by means other than the procedures specified in this division. The purchasing manager is authorized to prepare the alternate procedures, which shall be included in the purchasing procedures which are approved by the city council by resolution from time to time. Secs. 2.603—2.608. - Reserved. Coding: Words in strikeout type are deletions from existing text. Words in underline type are additions. Section 2: Division 4 of Article VI, Chapter 2, Code of Ordinances, is amended as follows: DIVISION 4. DISPOSAL AND DISPOSITION OF SURPLUS TANGIBLE PERSONAL PROPERTY Sec. 2.621. Definitions. Terms not defined in this section shall have the meaning customarily assigned to them. Otherwise, the following words, terms, and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Tangible personal property means all goods, fixtures, furniture, equipment, and other items of value capable of manual possession and whose chief value is intrinsic to the item itself. This term does not include real property. Sec. 2.622. Surplus sales officer. (1) The city manager is the surplus sales officer. The city manager may delegate some or all of this authority to any other city employee, except as to those matters which, under the charter or this article, are the express responsibility of the city manager. (2) The surplus sales officer or designee shall develop, implement, and administer procedures for the disposal of tangible personal property in accordance with applicable laws and regulations. Said procedures shall include provisions for the keeping of records regarding authorization of the disposal of any tangible personal property. 36 Sec. 2.623. Disposal and disposition of surplus tangible personal property. (1) The surplus sales officer may classify as surplus any tangible personal property owned by the city, provided that such property is not otherwise lawfully disposed, when that property is determined to be obsolete, or the continued use of the property is uneconomical or inefficient, or the property serves no useful function to the city. (2) Tangible personal property that is excess to department needs must enter the surplus disposal process and shall be disposed in the manner prescribed by F.S. Ch. 274. (3) Initial efforts will be made to redistribute any tangible personal property to other city facilities or departments. (4) In accordance with F.S. § 274.06, after the initial efforts to redistribute are exhausted, tangible personal property may be disposed as follows: (a) If the property is without commercial value, it may be donated, destroyed, traded, abandoned, or otherwise disposed at the discretion of the surplus sales officer. (b) If the market value of the property to be disposed is not estimated to exceed the current fixed asset control level, it may be donated, destroyed, abandoned, or otherwise disposed at the discretion of the surplus sales officer. (c) At the discretion of the surplus sales officer, tangible personal property may be offered without bids to the state, any governmental unit, or any political subdivision of the state. (5) Tangible personal property not disposed by the methods described in sections 2.623(3) or 2.623(4), and valued at five thousand dollars ($5,000) or less, whether single item or batch of common bulk items shall be sold through public auction or open market sales, pursuant to the following procedure: (a) Minimum number of bids. Open market sales shall, whenever possible, be based on at least three (3) bids and shall be awarded to the highest responsible bidders. (b) Notice inviting bids. Bids shall be solicited either by written request to prospective buyers or by telephone. (c) Rejection of bids. The surplus sales officer may: (1) Reject all bids; or 37 (2) Reject all bids and reobtain bids pursuant to the procedures prescribed in this section. (d) Award of contracts. Except as otherwise provided in this division, each contract for the sale of surplus property as authorized by this subsection (5) shall be awarded by the city manager to the highest responsible bidder. (6) Tangible personal property not disposed by the methods described in sections 2.623(3) or 2.623(4), and valued at more than five thousand dollars ($5,000), whether single item or batch of common bulk items shall be sold through public auction or open market sales, pursuant to the following procedure: (a) Notice inviting bids (open market only). Notices inviting bids shall be published and shall include a general description of the items to be sold, shall state where bid blanks and all specifications may be obtained, and shall state the time and place for opening of bids. (b) Bid opening procedures (open market only). Sealed written bids shall be returned to the procurement division and shall be identified as bids on the envelope. Bids shall be opened in public at the time and place stated in the public notices. A tabulation of all bids received shall be made available to the public. (c) Rejection of bids (open market only). The surplus sales officer may: (1) Reject all bids; or (2) Reject all bids and readvertise for bids pursuant to the procedures prescribed in this section. (d) Award of contracts. Except as otherwise provided in this division, each contract for the sale of surplus property as authorized by this subsection (6) shall be awarded by the city council to the highest responsible bidder. (7) The bidding requirements set forth in this division may be waived when one or more of the following conditions exist: (a) The market value of items to be disposed is not estimated to exceed the current fixed asset control level and may be disposed as the surplus sales officer deems necessary. (b) The surplus sales officer determines that the items can be sold or otherwise disposed through only one source. 38 (c) Local, state, or federal law requires that the items be disposed via public auction. (d) The surplus sales officer determines that a donation to charitable/not-for- profit organizations is in the best interest of the city. (e) The department director recommends trade-in as being in the best interest of the city. (8) When authorized or required, the surplus sales officer may utilize the services of auctioneers at city facilities, provider facilities, or online auctions. (9) When the tangible personal property being disposed was purchased through a federal, state, or other grant or award, the surplus sales officer shall ensure that any disposal requirements contained in the grant or award are met. (10) When property being disposed includes electronic equipment with data storage capabilities, disposal shall be through a provider capable of ensuring and providing a certificate of complete data destruction for such equipment. Sec. 2.624. Reserved. DIVISION 4. - SALE OF SURPLUS PERSONAL PROPERTY Sec. 2.621. - Surplus sales officer. The city manager shall be the surplus sales officer. He shall have the power to delegate some or all of his authority to any other city employee, except as to those matters which, under the charter or this article, are the express responsibility of the city manager. Sec. 2.622. - Surplus sales over $5,000. Except as otherwise provided in this division, following authorization by the city commission, the sale of an item or of common bulk items of an estimated value greater than $5,000.00 shall be through public auction or open market pursuant to the following procedure: (1) Notice inviting bids (open market only). Notices inviting bids shall be published and shall include a general description of the items to be sold, shall state where bid blanks and all specifications may be obtained, and shall state the time and place for opening of bids. (2) Bid opening procedures (open market only). Sealed written bids shall be returned to the city and shall be identified as bids on the envelope. Bids shall be opened in public at the time and place stated in the public notices. A tabulation of all bids received shall be made available to the public. 39 (3) Rejection of bids (open market only). In the sale of surplus personal property, the city manager as surplus sales officer may: (a) Reject all bids; or (b) Reject all bids and readvertise for bids pursuant to the procedures prescribed in this section. (4) Award of contracts. Except as otherwise provided in this division, contracts for the sale of surplus personal property shall be awarded by the city commission to the highest responsible bidder. Sec. 2.623. - Surplus sales under $5,000. Except as otherwise provided in this division, following authorization by the city manager, the sale of an item or of common bulk items of an estimated value of $5,000 or less may be made through public auction or open market, pursuant to the following procedure and without observing the procedure prescribed in section 2.622: (1) Minimum number of bids. Open market sales shall, whenever possible, be based on at least three bids and shall be awarded to the highest responsible bidder. (2) Notice inviting bids. Bids shall be solicited either by written request to prospective buyers or by telephone. (3) Rejection of bids. The city manager as surplus sales officer may: (a) Reject all bids, or (b) Reject all bids and reobtain bids pursuant to the procedure prescribed in this section. (4) Award of contracts. Except as otherwise provided in this division, each contract for the sale of surplus personal property authorized by this section shall be awarded to the highest responsible bidder. Sec. 2.624. - Exceptions to auction sale bidding procedures. The bidding requirements set forth in this division may be dispensed with when one or more of the following conditions exist: (1) The market value of items to be disposed of is not estimated to exceed the current fixed asset control level, and may be disposed of as the city manager deems necessary. (2) It is to the advantage of the city to sell the items to or otherwise dispose of them in cooperation with another governmental entity. (3) The surplus sales officer determines that the items can be sold or otherwise disposed of through only one source. (4) Local, state or federal law requires that the items be disposed of via public auction. 40 (5) The city manager determines that a donation to charitable/not-for-profit organizations is in the best interest of the city. (6) The department director or designee may recommend trade-in as being in the best interest of the city. Coding: Words in strikeout type are deletions from existing text. Words in underline type are additions. Section 3: Should any of the clauses, sentences, paragraphs, sections, or parts of this Ordinance be deemed invalid, unconstitutional, or unenforceable by a court of law or administrative agency with jurisdiction over the matter, such action shall not be construed to affect any other valid portion of this Ordinance. Section 4: This Ordinance shall become effective immediately upon adoption. PASSED ON FIRST READING ____________________ PASSED ON SECOND AND FINAL ____________________ READING AND ADOPTED ____________________________ Frank Hibbard Mayor Approved as to form: Attest: _________________________ ____________________________ Owen Kohler Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9154 Agenda Date: 5/3/2021 Status: Agenda ReadyVersion: 1 File Type: City Manager Verbal Report In Control: Council Work Session Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Parking Inequities Special Meeting SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/30/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9155 Agenda Date: 5/3/2021 Status: Agenda ReadyVersion: 1 File Type: City Manager Verbal Report In Control: Council Work Session Agenda Number: 8.2 SUBJECT/RECOMMENDATION: Fireworks SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/30/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9087 Agenda Date: 5/3/2021 Status: Agenda ReadyVersion: 1 File Type: Council Discussion Item In Control: Council Work Session Agenda Number: 10.1 SUBJECT/RECOMMENDATION: US Conference of Mayors Membership - Mayor Hibbard SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/30/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9157 Agenda Date: 5/3/2021 Status: Agenda ReadyVersion: 1 File Type: Council Discussion Item In Control: Council Work Session Agenda Number: 10.2 SUBJECT/RECOMMENDATION: Chickens - Mayor Hibbard SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/30/2021 cb Log in Re&ter Ci Join BYC FREE here to see fewer ads, post questions, upload pics, & more! Enter the Cutest Baby Fowl Contest to win a Brinsea Incubator. Contest ends May 2nd! CLICK HERE; Dismiss this notice with the "x" at the top right) x Articles > Learning Center > Getting Started Raising Chickens > The Pros and Cons of Raising Chickens cluckcluckgirl • © Nov 6, 2012 © Updated Mar 25, 2016 Article Reviews (5) Gallery (1) J tow , DVC Grav tv Waterer Liut ft!'. Nally hoaf cuidvery rdripir, to (7>aF, If you are considering whether or not to raise chickens, what t - • . • .. - . . • - well as what the benefits of raising them are, this article could be of much help. As everyone knows, there are pros and cons to everything in life, especially pets and animals. Do pros outweigh the cons, or cons outweigh the pros? CC, V //id?)/ /G) e 1. Tn•bie. Important! Before considering raising chickens, be sure to check with your city council to see if chickens are even allowed in the city. If you raise chickens in a city that doesn't allow them, you may face a penalty. If you don't live in a city, but live in rural areas, chickens should be allowed. I have owned chickens for over three years, and have tried to learn as much there is to learn about chickens in that time. I continue to tend to my chickens' everyday needs, including giving them food and water in the mornings. Let's look at the advantages of owning chickens first. Advantages You have probably heard from someone you know that the diff and the factory eggs you buy at the store are very different. I c have had any interest in eating store bought eggs ever since o difference in taste may be from a variety of reasons. It could b receive, where they're kept, how much space (square feet) is all many chicken farmers want with their eggs: quality not quantit to monitor what your hens consume, so you know what goes i the major egg factories, you may not know what went into the breakfast. Many people, including myself, enjoy farm fresh egg know what went into that egg. 1 - 11 - - • PVC Gravity Waterer but rt s rcatfy coot and vrr, ,rTinti ro mote' You can also sell the eggs to someone you know so that you can hopefully make a profit. Each hen lays about one egg per day, and if you keep 10 hens (as much as the city I know allows), that comes to CxJ about 7-10 eggs per day! Please note that some breeds of chickens do not lay one egg per day, but many breeds lay 3-4 eggs a week, which is very good. Most people are willing to pay more for better quality eggs, and you don't need to run to the store to buy eggs. (Read more about how you can make j money via egg sales, etc here: Making Money with Chickens - Yes, you can!) 2021 Best Boy 1>x Some breeds of chickens lay brown, others lay white, and a few even lay blue or green. If you're looking for brown egg layers, Rhode Island Reds, Plymouth Rocks, Jersey Giants, Barnevelders, Delawares, Marans, Penedesencas, Dominique, Orpington, and Welsummers are ideal breeds. Common white egg layers include White Leghorns, Anconas, Campines, Hamburgs, and Hollands. Blue and green egg laying breeds are Easter Eggers, Ameraucanas, and Araucanas. (More here: Egg Color Chart - Find Out What Egg Color Your Breed Lays) Chickens are also known to be very friendly, and they reduce my stress for sure! Whenever I feel depressed, a simple 20 minute session with my girls helps me to cheer up. They will do funny things, like hop up on your lap when you sit down, perch on just about anything, and pace the perimeter making a squawking noise as they go along. They may even all gather at the entrance to your coop when they see you coming! Talking to other chicken owners, the same thing works to reduce their stress as well. You may also choose to raise chickens for their meat. You may enjoy the meat, provided you are fine with the process of getting the meat. It is a rather graphic process, but when I was forced to kill a rooster who was attacking and injuring my hens, I found the meal to be tasty and full of flavor. If you decide to raise chickens for their meat, consider the following chicken, as it would be harder to do this process if you named hen laying about 1 egg a day, rather than kill a laying hen for 1 pig will give you one breakfast but a hen will give you many"?) process, be sure to clean and sanitize any materials that were Process A Chicken At Home.) Chickens also produce a very effective fertilizer. Their poop ca speed your plants' growth. You can add the poop to your compost pile, whiuh is recommended. Before you put it in your garden, you must make sure it reaches a temperature of 130- 150 degrees Fahrenheit 0 54-65 degrees Celsius). Be sure that it does not exceed or reach 160 degrees Fahrenheit (71 degrees Celsius), as that may kill beneficial bacteria that help the plant to grow. Allow the pile to cool, and let it rest for 45-60 days. Once all these steps have been completed, you can use it in your garden or even sell it. (Also see this article on Composting With Chickens) Disadvantages PVC Gravity Waterer but its rc4 ily cool and 'rr rrip;r t mok,,' However, chickens can be dirty, and therefore their coop material needs to be replaced about every month or so (depending on how many chickens you have). I have used straw as the bedding material in my coop because it provides cushioning and is cheap. Another bedding option is pine shavings, which are cheap and provides cushioning as well. However, pine shavings may tend to stick to the egg(s). It is a dirty job, but it keeps your hens healthy. It is advised to wear gloves and a mask that covers your nose and mouth so that dust doesn't get into your lungs. A good alternative to this would be the DeepLitterMethod - The Easiest Way To Deal With Chicken Litter Dim. You may also have to put your birds in at night, just for safety. That means that you'll have to set aside time in the morning to let them back outside. It shouldn't take much time, about 10 minutes each. In addition, you constantly need to make sure they have enough food, water, and grit. Grit is crucial because it consists of small rocks, which help your birds to digest their food. You should be able to find all the supplies you'll need at a farm store, but it does require money. Farm stores also may carry chicks in the early spring, around March -April. If you don't have a farm store nearby, a hardware store may have what you need. You may also choose to build your own coop, which requires time, money, and labor. If you choose not to build your own coop, you would have to buy a coop from a farm store or online. Buying a coop would cost more, but it would save you time and labor. Chickens require many needs, and the owner has to be willing to care for them and make sure they receive adequate nutrition. Oyster shells, which I have seen at a local supermarket, are an excellent source of calcium. Ground up egg shells can also be fed to your chickens, as the shell is mainly calcium. If a hen does not get enough calcium, the calcium that goes into the eggshell came from her bones, and you may notice little "bumps", or calcium deposits, on the eggs. Another sign of a calcium deficiency includes eggs that have soft shells. Overall, the pros outweigh the cons for me, and I love raising chickens, and so do many other people. In my 5 years of raising chickens, I have never looked back to the day we got our first chicks and thought, "I wish I never got chicks." I do find myself looking back and smiling at what chickens do. Now it's time for you to decide if the pros outweigh the cons, or not. Pictures from and credited to: https://www.backyardchickens.com/t/524071/first-egg-countdown/2040 picture by rocksmom and https://www.backyardchickens.com/a/a-couple-chicken-problems-and-how-to-fix-them picture by willowbranchfarm Ketta_czarina, Aristocat123, slippednfell and 4 others Latest reviews of ethbarry • * * * * *• Aug 24, 2019 Yes, there can be downsides to chickens. One for chicken poop. But the pros definitely outweigh th 0077p an • *-*.*.* *• &vl- y 13, 2019 Good article on the good and bad of raising chickens. PVC Gravity Waterer bur rt 5 really coo and vt•ry „rrnpl c• ronottl • * * * * *• Aug 27, 2018 Thanks for the pros and cons! Comments docky3265 Nov 6, 2012 wow pretty good! Save $15 SanDisk - Clip Sport Plus 16GB MP3 Player - Black Mr MKK FARMS • Nov 27, 2012 nice mdllonmbmmochfarmn•Dec 2E\2O12 Great job. Itd irl • Dec 29,2012 Thank you! Mountain Peeps • May 20, 2014 Awesome article! Very helpful! 111 itsoxhit • Mar 31'2U15 Thank you. 62 Aaron Dunn • Apr 5, 2015 Warning ! Warning ! Warning |||| Three years ago my wife wanted a dozen chicks is now up to 54 PVC Gra vt Vitiletcrcr Chickens are very contagious !! a few chicks. So what started out as about Three coops, a brooder, incubator, egg ONCE A MONTH meals 11 , How It Works Recipes Meal Plans Community Videos Blog Support Sign In Start Bloz / Series / Get Real / Pros and Cons of Backyard Chickens Pros and Cons of Backyard Chickens On September 23, 2012 by Kelly Thispost is part ofthe Get Real series. Please remember that this is meant as a learningcommunity. We know that many ofyou are passionate about what you do and we want you to express that, just please do so in a way that will be an encouragement and aid to others making a transition. We want this to be a "safe space " for participants to learn. For that reason, we reserve the right todeleteanycommentsthatarenothandledinthismanner. Our post today comes to you from our blog partner for the month, Gudrun from Kitchen Gadget Girl. Not only does she have first-hand experience on how to raise your own chickens, but she also has a wealth of great recipes, tips, and kitchen tricks for you on her blog! Top 4 reasons against having chickens in your backyard 1. Cost Chicks are so cute when they come home with you! Bubbly little balls of fluff, they just scream to be held and cuddled. However, they don't reach egg -laying maturity until about 6 months of age, which means you need to feed, water, and house the little poop machines until they start contributing to thehouseholdbottomline. If you are trying to go organic with your chickens, you can certainly feed them the leftover food scraps from your dining table (assuming you eat a balanced diet of vegetables, fruits, and meats, andhereisagoodlistofacceptablefoodsforchickens), but you will also need to purchase feed, starting with organic chick starter and crumbles and moving to layer pellets. These feeds are high in protein, which the chickens need to keep their feathers healthy and lay good eggs. And this feed costs money, organic or conventional, about $25-30 a month depending on how many chickens you keep. We rehabbed our old playhouse to create a chicken coop and added on an outdoor, enclosed run. The automatic door, which was expensive at the time, was IMHO one of the best investments made, as it controls the door to the outside with a timer, letting the girls out in the morning and making sure they are snug inside at night. Ifyou are handy or have access to a handy person, you can probably whip up a pretty good chicken house. For those of us less talented, purchasing a chicken coop is the way to go, and you can certainly spend money there. Meet the Eglu Cube, the cutest chicken house I have ever seen, with a retro trailer feel that would certainly look right at home in my backyard! 2. Noise Oh, wow, can my girls be noisy! And at all times during the day. Astrid, the head hen of the house, has decided she must also take on the role of the rooster, absent in our flock. At 7:30 am, or 12:23 pm, or 3:33 pm, she is known to let rip with a very loud and repetitive "Cock -a -Doodle -Do," which to the uninitiated, sounds exactly like a rooster. I fiddle with the timer on the automatic door to keep them inside until a reasonable time, which sometimes delays her exuberant outbursts, but never for long. Every time they lay an egg, chickens sing a song, and a couple of the girls are so proud about their achievement that they use their very loudest, outdoor voices. Sometimes, when they are feeling frisky, one chicken will goose the other, and that sends up squawks. No neighbors have complained, yet, but I do make sure to take eggs around to our closest neighbors just as a precaution. 3. Poop I touched on this above, but the poop is a big deal. You will need to be comfortable with the amount and odor of chicken poop. When they are little and living in the house or garage until old enough to go out to their coop, you will be amazed that such little things can produce so much poop. When they move to their henhouse, you will now need to set aside time in your schedule to clean the house often, unless you like the smell of barn in your backyard. And if you let them out to roam around the yard? Be prepared to find their poop everywhere: in the lawn, on the porch, on your favorite loveseat pillow, etc. 4. Lifespan The biggest con of raising chickens, and the one I start to worry about as we enter year 3 with the girls, is that they only reliably lay for 2-3 years, and then they become garden ornaments for the next 10. By the time they stop laying, you will be so enamored of their presence in your garden that you cannot imagine getting rid of them, whether that is sending them to a "farm" or otherwise relocating. But then you still have to maintain their quality of life in your backyard, and plus you are now back to buying organic, pasture -raised eggs, which helps increase your monthly food costs. Top 4 reasons to consider a backyard chicken flock 2.1 Never Plan Daily Meals Ever Again 1. Education Having backyard chickens allows you to bring your family closer to the process of growing and producing their own food. Sure, you can get that through a backyard vegetable garden, but chickens allow your children to see up close and personal the intricacies of food production. And since backyard chickens really become pets, children learn the joys of caring for another being anddependingontheage, can provide a large chunk of the support for the hens including daily feedings, collecting eggs, cleaning out the hen house, and chicken wrangler. 2. Quality eggs The eggs that come from your own flock of chickens are truly magical! The first time my girls laid an egg (and I think it was either Miss Lemon or Ruby who had the honors), I was beside myself with excitement. Very proud of the girls and their achievement and feeling more confident in my chicken raising skills. Eggs from your chickens are going to be more nutritious than a regular grocery store egg, just because of what you are allowing the chickens to eat. You will feed them good quality feed, and supplement with tasty table scraps. Plus, you will have them roam the yard from time to time, eating bugs, grubs, weeds, and lots of other tasty treats that are full of nutrients and help provide a wide-ranging balanced diet. The eggs will have less cholesterol, less saturated fat, and more omega-3 fatty acids than commercially produced eggs. 3. Compost and garden extras I may gripe and complain that the chickens do not pull their own weight around the yard, especially when they are molting and not laying, but the manure coming out of the hen house is precious to the urban gardener. You cannot pay for a compost additive as rich as chicken manure! Chicken manure, once composted properly, adds nitrogen, phosphorus, and potassium to your garden, better than cow or horse manure. Straight out of the hen house or chicken run, the manure is too "hot" for your vegetable garden and flowerbeds. I clean my hen house out once a month or so, and dump all the material, manure, shavings, and dry leaves, into my compost box and toss it with the existing compost. Visit Seattle Tilth for more details about composting chicken manure, including a detailed explanation about hot composting. 4. Unique pets with personality The best part about having backyard chickens is the immediate access to pets with unique and quirky personalities. When we first embarked upon our journey as chicken keepers, I was rather sanguine about what would happen when the hens stopped laying eggs (typically they lay 2-3 years). We planned to just "re -home" the chicken and replace it with another. After two years, I am not sure I can say the same thing! The hens have become part of our world and their funny antics provide humor and light in our daily lives. Astrid, a Blue Andalusian, is the boss of the hen house, she definitely rules the roost. Miss Lemon, a Buff Cochin, has a huge butt and waddles around the yard with a jaunty step. Penny, a Welsummer is the quietest of the bunch and great for kids to cuddle. And Ruby, an Ameraucana, is the most reliable egg layer of the bunch, even if she does look more masculine than most. As you consider bringing chickens into your own lives, keep in mind they may have a greater impact on your well-being than just providing great eggs. These girls also support an emotionally positive lifestyle and help contribute to your individual mental health! 9 Comments Join the discussion Jamie says: January 30, 2017 at 12:47 am Wow, what a great, straight forward post. I was visiting a friend with backyard chickens and have always wanted to have some too. So I just sat down to research the pros and cons...your post here is the best! Thank you so much for your insight. I love the idea, although I'm realizing it's not practical for me at this time. Reply 1. Once a Month Meals says: January 30, 2017 at 8:41 pm Thank you so much! If you do decide to take the plunge one day — good luck! Reply en says: April 18, 2017 at 1:25 am I have to say that the pests and diseases that come with chickens are a bigger annoyance for me than noise, poop and cost. Rats and mice love chicken feed and it is very hard to have chickens without having rodents move in too. Chickens are susceptible to a range of diseases, especiallylice, mites and worms, and treatments and preventions for these are not nice and certainly takeawayfromthepure, organic ethos of backyard eggs. Sick chickens often need to be put down too, even if they recover. If you are considering chickens, make sure you are willing to be responsible for their welfare when it comes to pests and diseases. RatFanClub-Mayah says: February 13, 2019 at 3:52 pm Astrid? From Httyd? (How To Train Your Dragon) I love that movie and the shows too!!! I'm obsessed with them lol. Me and my dad are thinking about moving to NC. We live in California right now. My dad said that if we find a house with at least an acre of land, we will get chickens!!! ? Reply 1. , '.Johnny nonny says: April 14, 2020 at 10:34 pm Or just Astrid from the book of names. Reply 4. gHelp199 says: April 15, 2020 at 12:23 pm I am trying to persuade my husband to get chickens for our back garden, our garden is big so we have lots of space to spare....any pointers for getting him on side! 5. Cliff says: July 25, 2020 at 2:01 pm I have several acres and the thought of raising chickens occurred. This article was quite helpful because it reminded me of my previous experience with birds. I once owned three macaws, each about the size of an adult chicken. On the topic of noise, no chicken would ever bother you after you have had three macaws in your house. Likewise with anyone who has ever had a jet engine running in their living room. Chicken noise is almost romantic by comparison. The thing that would stop me is the poop. Let me give you the numbers. A large bird will poop about every fifteen minutes, around the clock. Each poop can be an inch wide and several inches long. They can also be runny which makes cleanup problematic. Think "small dog with adigestiveproblem". If you have three birds, that equals one large poop every five minutes, around the clock. That is, one bird can be counted on for at least 96 poops per day, so three birds will run about 300 per day. One poop is a nuisance, 300 per day is labor. It is more than I can dump comfortably in the surrounding woods day after day. Furthermore, it is not something you can let go for a week or two. You can't ever kick back and be lazy about it. I did that once. It is too much for me. Reply 1. Me says: February 12, 2021 at 5:13 pm Why would you spend time doing the math on how much birds poop and when? 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