Loading...
10/07/2021Thursday, October 7, 2021 6:00 PM City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Main Library - Council Chambers City Council Meeting Agenda October 7, 2021City Council Meeting Agenda Welcome. We are glad to have you join us. If you wish to address the Council, please complete a Comment Card. Comment Cards are on the right-hand side of the dais by the City Clerk. When recognized, please hand your card to the Clerk, approach the podium and state your name. Persons speaking before the City Council shall be limited to 3 minutes unless otherwise noted under Public Hearings. For other than "Citizens to be heard regarding items not on the Agenda," a spokesperson for a group may speak for 3 minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of 10 minutes. Prior to the item being presented, please obtain the form to designate a spokesperson from the City Clerk. Up to 60 minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using cell phones and electronic devices during the meeting. Citizens wishing to provide comments on an agenda item are encouraged to do so in advance through written comment. The City has established the following two options: 1) eComments via Granicus - eComments is integrated with the published meeting agenda. Individuals may review the agenda item details and indicate their position on the item. You will be prompted to set up a user profile to allow you to comment, which will become part of the official public record. The eComment period is open from the time the agenda is published. Comments received during the meeting will become part of the official record, if posted prior to the closing of public comment. The City Clerk will read received comments into the record. 2) Email – Individuals may submit written comments or videos to ClearwaterCouncil@myclearwater.com. All comments received by 5:00 p.m. the day before the meeting (October 6) will become part of the official record. The City Clerk will read received comments into the record. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) 4.1 Manufacturing Month Proclamation - Beth Galic, Executive Director Bay Area Manufacturers Association 4.2 Domestic Violence Awareness Month Proclamation - Tracy Wiecking, Vice President, Abuse Services Division; Executive Director, The Haven at HVA 4.3 Fire Prevention Week 2021 Proclamation 4.4 United Way Proclamation - Chuck Warrington, Clearwater Gas System Director and Ilise James, United Way Page 2 City of Clearwater Printed on 10/6/2021 October 7, 2021City Council Meeting Agenda 5. Approval of Minutes 5.1 Approve the minutes of the September 16, 2021 City Council Meeting as submitted in written summation by the City Clerk. 6. Citizens to be heard re items not on the agenda 7. Consent Agenda The Consent Agenda contains normal, routine business items that are very likely to be approved by the City Council by a single motion. These items are not discussed, and may all be approved as recommended on the staff reports. Council questions on these items were answered prior to the meeting. The Mayor will provide an opportunity for a Councilmember or a member of the public to ask that an item be pulled from the Consent Agenda for discussion. Items pulled will receive separate action. All items not removed from the Consent Agenda will be approved by a single motion of the council. 7.1 Approve a contract with Complete Property Services, LLC of Tampa, FL to perform structural repairs and refinishing services at BayCare Ballpark in an amount not to exceed $356,407.70 pursuant to Invitation to Bid (ITB) 20-0036-EN-A, BayCare Ballpark - Structural Repairs (2021) and authorize the appropriate officials to execute same. (consent) 7.2 Approve a purchase order to Dana Safety Supply, Inc., of Greensboro, NC to purchase 25 Sig Sauer MCX rifles, 25 Sig Sauer SLX suppressors, 25 Sig Sauer Romeo sighting devices and associated equipment in an amount not to exceed $99,711.00 pursuant to Clearwater Code of Ordinances Section 2.563(1)(d) Impractical; declare 23 HK416D rifles, 24 Surefire suppressors, and 30 Eotech XPS2 sighting systems surplus and approve trade-in in the amount of $92,350.00 pursuant to Clearwater Code of Ordinances Section 2.623(7)(e), and authorize the appropriate officials to execute same. (consent) 7.3 Approve a purchase order to Pinellas County Solid Waste Management for the disposal of solid waste at the Pinellas County landfill for a not-to-exceed amount of $689,000.00 for the term October 1, 2021 through September 30, 2026 pursuant to Clearwater Code of Ordinances Section 2.563(1)(a), Single source, and authorize the appropriate officials to execute same. (consent) 7.4 Approve the Pinellas County Technical Rescue Team Agreement 2021 with Pinellas County and the City of Clearwater for a five-year term through September 30, 2026 and authorize the appropriate officials to execute same. (consent) Page 3 City of Clearwater Printed on 10/6/2021 October 7, 2021City Council Meeting Agenda 7.5 Approve purchase orders to multiple vendors for the acquisition of library books and materials in the cumulative not-to-exceed amount of $487,000.00 for the term October 1, 2021 through September 30, 2022, pursuant to Clearwater Code of Ordinances Section 2.563 (1)(d) - Piggyback and cooperative purchases and Section 2.563 (1)(I) - Copyrighted materials, and authorize the appropriate officials to execute same. (consent) 7.6 Declare library materials surplus and authorize donation to designated local not-for-profit organizations pursuant to Clearwater Code of Ordinances Section 2.623(7)(d) and authorize the appropriate officials to execute same. (consent) 7.7 Approve a professional services agreement and design work order with Moffat and Nichol, Inc. of Tampa, FL, per Request for Qualifications 24-21, for replacement of the Clearwater Beach Marina (21-0008-MA) in the amount of $1,484,174.50 and authorize the appropriate officials to execute same. (consent) 7.8 Authorize purchase orders to multiple vendors for the purchase of vehicle parts for heavy and light duty city vehicles and equipment in the not-to-exceed amount of $1,500,000.00 for term October 1, 2021 through September 30, 2022 pursuant to City Code of Ordinances Section 2.563(1)(a) Single source, Section 2.563 (1)(b) Micro purchases, and Section 2.563 (1)(c) Piggyback and authorize the appropriate officials to execute same. (consent) 7.9 Reappoint John Thomas, Sr. to the Environmental Advisory Board with a term to expire October 31, 2025. (consent) Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition Page 4 City of Clearwater Printed on 10/6/2021 October 7, 2021City Council Meeting Agenda 8.1 Approve the request from the owner of property addressed as 2975 Gulf to Bay Boulevard, Clearwater, to vacate a portion of Rogers Street Right-of-Way described as that certain portion of Rogers Street lying west of the east boundaries of Lots 2 and 17, Wm. Brown’s Subdivision of Bayview, Florida, per map or plat thereof as recorded in Plat Book 1, Page 13, of the Public Records of Hillsborough County of which Pinellas was formerly a part; and east of that portion of said Rogers Street vacated per Resolution 69-18 as recorded in Official Records Book 3095, Page 79, of the Public Records of Pinellas County, Florida, and that portion of Rogers Street conveyed to the City of Clearwater by deed recorded in Official Records Book 6302, Page 1729 of the Public Records of Pinellas County, Florida, and pass Ordinance 9507-21 on first reading. 9. Second Readings - Public Hearing 9.1 Adopt Ordinance 9481-21 on second reading, annexing certain real property described as Lot 1, Hillcrest Estates First Addition, Clearwater, Florida, together with certain Lake Forest Road right-of-way, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 9.2 Adopt Ordinance 9482-21 on second reading, amending the future land use plan element of the Comprehensive Plan to designate the land use for certain real property described as Lot 1, Hillcrest Estates First Addition, Clearwater, Florida, upon annexation into the City of Clearwater, as Residential Low (RL). 9.3 Adopt Ordinance 9483-21 on second reading, amending the Zoning Atlas of the city by zoning certain real property described as Lot 1, Hillcrest Estates First Addition, Clearwater, Florida, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 9.4 Adopt Ordinance 9487-21 on second reading, amending Section 3-909.B of the Community Development Code by clarifying who may obtain outdoor café permits and that such permits expire on a yearly basis and require renewal; amending Section 3-909.C to allow outdoor cafes to be located in adjacent streets if closed to vehicular traffic and authorized by the city; amending Section 3-909.D to require operators to maintain outdoor café areas in a neat and orderly appearance and amending Appendix A Schedule of Fees to establish a reduced renewal fee for outdoor café permits and deleting a duplicative and higher fee for outdoor café permits. 9.5 Adopt Ordinance 9488-21 on second reading, amending the Community Development Code by adding a new section 3-204 to allow for the keeping of chickens in certain residential zoning districts, providing standards for the keeping of chickens and associated accessory structures, and amending Section 8-102 to include definitions for chicken, chicken coop, and chicken run. Page 5 City of Clearwater Printed on 10/6/2021 October 7, 2021City Council Meeting Agenda 9.6 Adopt Ordinance 9489-21 on second reading, amending Section 8.04, Code of Ordinances, providing an exception from the general keeping of certain animals to allow for the keeping of chickens in certain residential zoning districts and amending Section 8.33 to clarify that it shall be unlawful to allow chickens to wander public streets or the property of another. 9.7 Adopt Ordinance 9490-21 on second reading, annexing certain unaddressed real property located approximately 835 feet South of Gulf to Bay Boulevard between 2975 Gulf to Bay Boulevard and Old Tampa Bay in Clearwater, Florida 33759, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 9.8 Adopt Ordinance 9491-21 on second reading, amending the future land use plan element of the Comprehensive Plan to designate the land use for certain unaddressed real property located approximately 835 feet South of Gulf to Bay Boulevard between 2975 Gulf to Bay Boulevard and Old Tampa Bay in Clearwater, Florida 33759, upon annexation into the City of Clearwater, as US 19 - Regional Center (US 19-RC) and Water. 9.9 Adopt Ordinance 9492-21 on second reading, amending the Zoning Atlas of the city by zoning certain unaddressed real property located approximately 835 feet South of Gulf to Bay Boulevard between 2975 Gulf to Bay Boulevard and Old Tampa Bay in Clearwater, Florida 33759, upon annexation into the City of Clearwater, as US 19 (US 19) and Preservation (P). 9.10 Adopt Ordinance 9493-21 on second reading, annexing certain real property whose post office address is 1729 Brentwood Drive, Clearwater, Florida 33756 into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 9.11 Adopt Ordinance 9494-21 on second reading, amending the future land use plan element of the Comprehensive Plan to designate the land use for certain real property whose post office address is 1729 Brentwood Drive, Clearwater, Florida 33756, upon annexation into the City of Clearwater, as Residential Low (RL). 9.12 Adopt Ordinance 9495-21 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1729 Brentwood Drive, Clearwater, Florida 33756, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 9.13 Adopt Ordinance 9496-21 on second reading, vacating tow Drainage and Utility Easements as retained in that certain Ordinance No. 6879-01 of the City of Clearwater, Florida, as recorded in Official Records Book 11701, Page 1155, of the Public Records of Pinellas County, Florida. Page 6 City of Clearwater Printed on 10/6/2021 October 7, 2021City Council Meeting Agenda 9.14 Adopt Ordinance 9500-21 on second reading, amending the Operating Budget for the Fiscal Year ending September 30, 2021 to reflect increases and decreases in revenues and expenditures for the General Fund, Special Development Fund, Special Program Fund, Gas Fund, Solid Waste and Recycling Funds, Marine Fund, Parking Fund, and Central Insurance Fund. 9.15 Adopt Ordinance 9501-21 on second reading, amending the Capital Improvement Budget for the Fiscal Year ending September 30, 2021, to reflect a net increase of $38,577,718. 9.16 Adopt Ordinance 9506-21 on second reading, vacating the East 6 feet of a platted 10 foot Drainage and Utility Easement, located along the West 10 fee of Lot 1, Rosetree Court, according to the plat thereof as recorded in Plat Book 79, Page 20, of the Public Records of Pinellas County, Florida. 10. City Manager Reports 10.1 Appoint two members to the Municipal Code Enforcement Board with terms to expire October 31, 2024 and appoint one member to fill the remainder of an unexpired term through October 31, 2022. 10.2 Amend Section 8.05 of the City Charter to provide for Ranked Choice Voting for city council elections, provide for a referendum to be held at the general election on March 15, 2022, and pass Ordinance 9512-21 on first reading. 11. City Attorney Reports 12. Other Council Action 12.1 PSTA/Forward Pinellas Update - Councilmember Allbritton 13. Closing comments by Councilmembers (limited to 3 minutes) 14. Closing Comments by Mayor 15. Adjourn Page 7 City of Clearwater Printed on 10/6/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9797 Agenda Date: 10/7/2021 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Manufacturing Month Proclamation - Beth Galic, Executive Director Bay Area Manufacturers Association SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/6/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9801 Agenda Date: 10/7/2021 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.2 SUBJECT/RECOMMENDATION: Domestic Violence Awareness Month Proclamation - Tracy Wiecking, Vice President, Abuse Services Division; Executive Director, The Haven at HVA SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/6/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9762 Agenda Date: 10/7/2021 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.3 SUBJECT/RECOMMENDATION: Fire Prevention Week 2021 Proclamation SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/6/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9770 Agenda Date: 10/7/2021 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.4 SUBJECT/RECOMMENDATION: United Way Proclamation - Chuck Warrington, Clearwater Gas System Director and Ilise James, United Way SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/6/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8640 Agenda Date: 10/7/2021 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: City Council Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve the minutes of the September 16, 2021 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/6/2021 City Council Meeting Minutes September 16, 2021 Page 1 City of Clearwater City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Meeting Minutes Thursday, September 16, 2021 6:00 PM Main Library - Council Chambers City Council Draft City Council Meeting Minutes September 16, 2021 Page 2 City of Clearwater Roll Call Present: 5 - Mayor Frank Hibbard, Vice Mayor Hoyt Hamilton, Councilmember David Allbritton, Councilmember Mark Bunker and Councilmember Kathleen Beckman Also Present: Micah Maxwell – Interim City Manager, Pamela K. Akin - City Attorney, Rosemarie Call – City Clerk, and Nicole Sprague – Deputy City Clerk. To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. Unapproved 1. Call to Order – Mayor Hibbard The meeting was called to order at 6:00 p.m. 2. Invocation – Mr. Duncan Kovar from Suncoast Humanists. 3. Pledge of Allegiance 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) – Given. 4.1 September Service Awards The August 2021 Employee of the month award was presented to Freda Dixon, Parks & Recreation. 4.2 Parks & Recreation Volunteer of the Year Award - Samantha (Sam) Moullet, Recreation Specialist Volunteers were recognized for their efforts in cleaning up neighborhoods and the Courtney Campbell Causeway: Volunteer Leader of the Year – Betsy Marvin, Courtney Campbell Causeway Clean Up Crew Adopt-a-Street Group of the Year – Phillip Currey Family Adopt Group of the Year – Spring Branch Neighborhood Association/State Street Park Draft City Council Meeting Minutes September 16, 2021 Page 3 City of Clearwater Public Spaces Steward of the Year – Jane Grossman Corporate Volunteer Partner of the Year – Sandy Feet Kayak Tours and Rentals Moccasin Lake Nature Park Volunteer of the Year – Chris Hitchingham Police Volunteer of the Year – Father Ted Costello Police Lifetime Achievement Award – John Pergantis and Yvette Sussman 4.3 Public Natural Gas Week Proclamation, October 3-9, 2021 - Chuck Warrington, Clearwater Gas System 4.4 Library Board Annual Report - Donna Dennis, Library Board Chair 5. Approval of Minutes 5.1 Approve the minutes of the September 2, 2021 City Council Meeting as submitted in written summation by the City Clerk. Vice Mayor Hamilton moved to approve the minutes of the September 2, 2021 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 6. Citizens to be heard re items not on the agenda Rob Daley expressed concerns with the lack of trash collection at his property. Jaclyn Boland invited all to attend the Hispanic Outreach Center's event next week at Station Square Park in honor of Hispanic Heritage Month and encouraged all to participate in Dine Out for a Difference afterwards, which will donate proceeds to the Gabe Cazares Memorial Scholarship. Lina Teixeira said an art component was added to the Clean Up Clearwater initiative, engaging and promoting the local art community. Ten to twelve artists will be given bags of trash on October 16. The trash will be used to create art pieces that will be exhibited throughout the city. Patrick Raftery encouraged the City to utilize Novak Consulting to implement action items outlined in Greenprint 2.0, such as the conversion of light vehicles to electric vehicles. He said Novak Consulting recently presented a report to the Pinellas County Commission on electric vehicles and ev charging stations. Draft City Council Meeting Minutes September 16, 2021 Page 4 City of Clearwater 7. Consent Agenda – Approved as submitted. 7.1 Approve a local government contribution of $75,000 in General Fund Reserves to be set aside as a commitment for the Minimum Local Government Contribution that is required for Archway Partners, LLC (Archway) to receive a basis boost in the State of Florida’s Low Income Housing Tax Credit Program (LIHTC) for an 80-unit affordable housing development project at 1250 Cleveland Street; approve Section 15.18 and 15.21 of the Development Agreement between the Community Redevelopment Agency of the City of Clearwater and Archway and authorize the appropriate officials to execute same. (consent) 7.2 Approve the purchase of excess liability, excess workers compensation, and numerous specialty insurance policies from October 1, 2021 through September 30, 2022 at an amount not to exceed $1,300,000 pursuant to City Code of Ordinances Section 2.563(1) (i), Insurance, and authorize the appropriate officials to execute same. (consent) 7.3 Approve an extension of the Claims Service Contract with Sedgwick Claims Management Services, Inc. of Nashville, TN, in the not-to-exceed amount of $300,000 for a three-year term, pursuant to City Code of Ordinances Section 2.563, (1)(i), Insurance, and authorize the appropriate officials to execute same. 7.4 Approve a two-year extension of Master Banking Services Agreement with Wells Fargo Bank, N.A. for the period October 1, 2021 through September 30, 2023, for a not-to-exceed total of $240,000, for banking and custodial safekeeping services, and authorize the appropriate officials to execute same. (consent) 7.5 Approve a one-year renewal term for the professional services agreement between the City of Clearwater and Evernorth Direct Health, LLC (formerly Cigna Onsite Health, LLC) to provide onsite health clinic services to employees, family members, and retirees who are covered by the City of Clearwater health insurance for a not to exceed amount of $1,721,400 and authorize the appropriate officials to execute same. (consent) 7.6 Authorize the funding of city medical insurance for the Administrative Services Agreement between the City and Cigna Healthcare under a self-insured funding arrangement for the period January 1, 2022 through December 31, 2022, at a total not-to-exceed $22.5 million, to be funded by city budgeted funds, payroll deductions of employees, retiree premiums, and an estimated $1.7 million of Central Insurance Fund reserves. (consent) 7.7 Approve the amendment to the collective bargaining agreement as negotiated between the City of Clearwater and Communications Workers of America, Local 3179 (CWA) for Fiscal year 2021/2022 and authorize the appropriate officials to execute same. (consent) 7.8 Approve a one-year Agreement with Juvenile Welfare Board (JWB) and the City of Draft City Council Meeting Minutes September 16, 2021 Page 5 City of Clearwater Clearwater for funding youth programs and approve a first quarter budget amendment of $394,095 in special program G2107, JWB Youth Programming and authorize the appropriate officials to execute same. (consent) 7.9 Approve the Agreement between the Martin Luther King Jr. Neighborhood Family Center, Inc. (MLKNFC) and the City of Clearwater for the recreational, educational, and social programming at the North Greenwood Recreation and Aquatics Complex and North Greenwood Library from October 1, 2021 through September 30, 2026 with one five-year extension and authorize the appropriate officials to execute same. (consent) 7.10 Approve a purchase order to TriTech Software Systems of San Diego, CA for the renewal of TriTech Software Support in the amount of $198,451.06 from October 1, 2021 through September 30, 2022, pursuant to City Code of Ordinances Section 2.563(1)(a), Single Source, and authorize the appropriate officials to execute same. (consent) 7.11 Approve the final plat for Angelfish, whose physical address is 25400 US Highway 19 North, located on the west side of US Highway 19 North, approximately one-half mile south of Enterprise Road. (consent) 7.12 Authorize an increase to Contract 900566 and approve the service agreement addendum to Convergint Technologies, LTD of Schaumburg, IL in an amount of $375,000.00 for a new not to exceed amount of $881,392.22 for the period January 5, 2019 through January 3, 2024, pursuant to Request for Proposal (RFP) 32-18, Building Security Hardware and Software and authorize the appropriate officials to execute same. (consent) 7.13 Approve a contract with GeoNexus Technologies, LLC (GeoNexus) of Ann Arbor, MI for software licensing and maintenance of field mobility software and integration services in the amount of $286,831.20 for the period October 1, 2021 through September 30, 2024 pursuant to City Code of Ordinances Section 2.563(1)(a) Single Source and authorize the appropriate officials to execute same. (consent) 7.14 Authorize a purchase order with Verizon Wireless for basic cellular/smart phones and mobile data services in an amount of $225,000.00 for the period of October 1, 2021 through January 19, 2022, pursuant to Clearwater Code of Ordinances Section 2.563 (1) (c), Piggyback, and authorize the appropriate officials to execute same. (consent) 7.15 Approve a purchase order (contract) to Oracle America, Inc. of Redwood Shores, CA for software maintenance in a not-to-exceed amount of $303,229.47 for term October 1, 2021 through September 30, 2022 pursuant to City Code of Ordinances 2.563 (1)(a) single source and authorize the appropriate officials to execute same. (consent) 7.16 Authorize a purchase order to Tencarva Machinery CO LLC, dba Hudson Pump and Draft City Council Meeting Minutes September 16, 2021 Page 6 City of Clearwater Equipment Associates, Inc. Of Greensboro NC for additional SmartCover Systems associated with wastewater system manhole sewage level monitoring equipment in a not-to-exceed amount of $49,912.00, pursuant to Clearwater Code of Ordinances 2.563(1)(a) single source and authorize the appropriate officials to execute same. (consent) 7.17 Authorize a purchase order to Rexel USA, Inc of Dallas, TX for Allen-Bradley equipment, parts, and maintenance in an annual not-to-exceed amount of $150,000.00 for the term of October 17, 2021 through October 16, 2022 with the option for two, one-year renewals at the City's discretion pursuant to Clearwater Code of Ordinances 2.563(1)(a) single source and authorize the appropriate officials to execute same. (consent) 7.18 Approve an Interlocal Agreement between the City of Clearwater and the Community Redevelopment Agency (CRA) to provide staffing and administrative services for the CRA, provided for the reimbursement of certain expense by the CRA to the City, and authorize the appropriate officials to execute same. (consent) 7.19 Request for authority to initiate a quiet title action against the real property located at 407 Vine Avenue, Clearwater, FL. (consent) 7.20 Request for authority to initiate foreclosure actions on behalf of the City to recover of amounts owed on municipal liens imposed against certain real property. (consent) 7.21 Appoint Jon Jennings as City Manager effective November 8, 2021 and approve the Employment Agreement. (consent) Councilmember Allbritton moved to approve the Consent Agenda as submitted and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings 8.1 Set final millage rate of 5.9550 mills for fiscal year 2021/2022 against non-exempt real and personal property within the City of Clearwater and pass Ordinance 9497-21 on first reading. In accordance with Chapter 200 of the Florida Statutes, which defines requirements for the Determination of Millage and the rules governing Truth in Millage (TRIM) compliance, the City Council must hold two public hearings to adopt a final millage rate for the new fiscal year. The adoption of this ordinance Draft City Council Meeting Minutes September 16, 2021 Page 7 City of Clearwater to establish the millage rate and the two related budget ordinances are an integral part of fulfilling these requirements. The City Council set a tentative millage rate of 5.9550 mills on July 15, 2021, which is the rate that appeared on the TRIM notices mailed to taxpayers in August. The millage rate of 5.9550 mills represents a 4.60% increase from the rolled back rate of 5.6932 mills. Ordinance 9497-21 is presented in order to adopt the millage rate of 5.9550 mills to support the operating and capital improvement budgets for the 2021/2022 fiscal year. Budget Manager Kayleen Kastel provided a PowerPoint presentation. In response to a question, Ms. Kastel said the total number of FTE positions highlighted in the presentation includes current vacant positions. Councilmember Beckman moved to set final millage rate of 5.9550 mills for fiscal year 2021/2022 against non-exempt real and personal property within the City of Clearwater. The motion was duly seconded and carried unanimously. Ordinance 9497-21 was presented and read in full. Councilmember Bunker moved to pass Ordinance 9497-21 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman 8.2 Approve the City of Clearwater Annual Operating Budget for the 2021/2022 fiscal year and pass Ordinance 9498-21 on first reading. In accordance with Chapter 200 of the Florida Statutes and the rules governing Truth in Millage (TRIM) compliance, the City Council must hold two public hearings to adopt the budget. The adoption of this ordinance and the related ordinances adopting the 2021/22 millage rate and the Capital Improvement Budget are an integral part of fulfilling these requirements. On June 30, 2021, the City Manager provided the City Council with a Preliminary Annual Operating and Capital Improvement Budget that outlined estimates of revenues and expenditures for the 2021/2022 fiscal year. The City Manager presented the preliminary budget at the City Council meeting on July 15, 2021, for Council discussion and citizen input. In addition, a Special Budget Work Session was held on August 3, 2021, for Council discussion of the proposed Draft City Council Meeting Minutes September 16, 2021 Page 8 City of Clearwater budget. The following changes have been made to the preliminary operating budget and are included in the ordinances for adoption of the fiscal year 2021/2022 operating budget: • Updates made in Miscellaneous and Transfer In revenues (net zero) to account for revenues in the correct categories. • The Non-Departmental budget is being reduced by $1,300,835, transferring this amount to the Police Department to account for the FOP and FOP Supervisors contracts which were approved on September 2, 2021. • In the Parking Fund, a correction is made to account for vehicle purchases originally budgeted in the wrong cost center. Vice Mayor Hamilton moved to approve the City of Clearwater Annual Operating Budget for the 2021/2022 fiscal year. The motion was duly seconded and carried unanimously. Ordinance 9498-21 was presented and read by title only. Councilmember Allbritton moved to pass Ordinance 9498-21 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman 8.3 Approve the fiscal year 2021/2022 Annual Capital Improvement Budget, establish a six-year plan for the Capital Improvement Program (CIP), and pass Ordinance 9499-21 on first reading. In accordance with Chapter 200 of the Florida Statutes and the rules governing Truth in Millage (TRIM) compliance, the City Council must hold two public hearing to adopt the final budget. The adoption of this ordinance and the related ordinances adopting the 2021/22 millage rate and operating budget are an integral part of fulfilling these requirements. On June 30, 2021, the City Manager provided the City Council with a Preliminary Annual Operating and Capital Improvement Budget that outlined estimates of revenues and expenditures for the 2021/22 fiscal year. The City Manager presented the preliminary budget at the City Council meeting on July 15, 2021, for Council discussion and citizen input. In addition, a Special Budget Work Draft City Council Meeting Minutes September 16, 2021 Page 9 City of Clearwater Session was held on August 3, 2021 for Council discussion of the proposed budget. No changes have been made to the Preliminary Capital Improvement Budget. Councilmember Beckman moved to approve the fiscal year 2021/2022 Annual Capital Improvement Budget, establish a six-year plan for the Capital Improvement Program (CIP). The motion was duly seconded and carried unanimously. Ordinance 9499-21 was presented and read by title only. Councilmember Bunker moved to pass Ordinance 9499-21 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman 8.4 Approve the recommended Penny for Pinellas project list, as revised for fiscal years 2021/2022 through 2029/2030. On March 6, 1997, the City Council adopted Ordinance 6137-97. The ordinance established the requirement for a special hearing prior to adoption of the capital improvement budget to discuss the use of Penny for Pinellas tax, and at any time in which there is any proposed change to the Penny for Pinellas project funding of $500,000 or more. Changes to Penny for Pinellas projects that meet this criterion in the proposed 2021/22 capital improvement budget and six-year plan include the following: • Fire Engines/Ladder Truck Replacement - The funding for this project is being reduced by a total of $350,300 due to recognizing the allocation of Fire Tax revenues from the county for fire services provided in unincorporated areas of the Clearwater Fire District. This funding is being reallocated to the City Hall project in fiscal year 2021/2022 to provide funding to respond to location studies, site surveys and/or property valuations if opportunities are presented in advance of construction funding which is available in fiscal year 2024/25. • Public Safety Vehicle/Equipment Facility - This project with total funding of $1,500,000 is being separated into two separate projects, Fire Vehicle/Equipment Facility and Police Vehicle/Equipment Facility, budgeted at $750,000 each. These new projects, funded in fiscal year 2021/2022, are created to provide for location specific storage of the Fire and Police department’s oversized vehicles. Draft City Council Meeting Minutes September 16, 2021 Page 10 City of Clearwater • Aviation Operations Center - The funding for this project, which provides for construction of a new operation center at the Clearwater Airpark facility, is being postponed to fiscal year 2026/2027. • Sand Key Bridge Replacement Fund - This project, with total funding of $22,000,000 planned for fiscal years 2026/2027 through 2029/2030, is being eliminated from the project list due to an updated replacement timeline now estimated for 2070. • Waterfront/Bluff Masterplan (Imagine Clearwater) - This project is being increased by $22,000,000 to provide additional funding needed for construction of the Imagine Clearwater waterfront/bluff redevelopment plan. This funding will be available in fiscal years 2026/2027 through 2029/2030. In response to a question, Budget Manager Kayleen Kastel said staff plans to advance fund the Imagine Clearwater expenditures now with other revenue on hand and payback as the Penny revenues are received. Vice Mayor Hamilton moved to approve the recommended Penny for Pinellas project list, as revised for fiscal years 2021/2022 through 2029/2030. The motion was duly seconded and carried unanimously. 8.5 Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for certain residential real property with the legal description attached hereto as Exhibit A and pass Ordinances 9481-21, 9482-21, and 9483-21 on first reading. (ANX2021-06010) This voluntary annexation petition involves a property with a protected address consisting of one parcel of land occupied by a single-family dwelling. The applicant is requesting annexation in order to receive sanitary sewer and solid waste service from the City. The Development Review Committee is proposing that the 0.94-acres of certain road right-of-way depicted in Exhibit “B” not currently within the city limits also be annexed. The property is contiguous to existing city boundaries to the east. It is proposed that the property be assigned a Future Land Use Map designation of Residential Low (RL) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: Draft City Council Meeting Minutes September 16, 2021 Page 11 City of Clearwater • The property currently receives water service from Pinellas County. The closest sanitary sewer line is located within the abutting road right-of-way. The applicant has paid the required sewer impact and assessment fees in full and is aware of the additional costs to extend City sewer service to this property. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District III and service will be administered through the district headquarters located at 2851 N McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station #48 located at 1700 N. Belcher Road. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The property will continue to receive water service from Pinellas County. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and • The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. • The proposed Residential Low (RL) Future Land Use Map category is consistent with the current Countywide Plan designation of the property. This designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the District and the property exceeds the District’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and • The property proposed for annexation is contiguous to existing city boundaries to the east; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Councilmember Allbritton moved to approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential Draft City Council Meeting Minutes September 16, 2021 Page 12 City of Clearwater (LMDR) District for certain residential real property with the legal description attached hereto as Exhibit A. The motion was duly seconded and carried unanimously. Ordinance 9481-21 was presented and read by title only. Councilmember Beckman moved to pass Ordinance 9481-21 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman Ordinance 9482-21 was presented and read by title only. Councilmember Bunker moved to pass Ordinance 9482-21 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman Ordinance 9483-21 was presented and read by title only. Vice Mayor Hamilton moved to pass Ordinance 9483-21 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman 8.6 Approve the annexation, initial Future Land Use Map designations of US 19-Regional Center (US 19-RC) and Water, and initial Zoning Atlas designations of US 19 and Preservation (P) Districts for two unaddressed parcels located between 2975 Gulf to Bay Boulevard and Old Tampa Bay; and pass ordinances 9490-21, 9491-21, and 9492-21 on first reading. (ANX2021-07012) This voluntary annexation petition involves a 2.49-acre property including 0.616 acres of uplands and 2.114 acres of submerged lands, more or less. The property is comprised of two parcels, and records show that a portion of the western parcel was previously annexed into the city of Clearwater. Both parcels are located approximately 835 feet south of Gulf to Bay Boulevard between 2975 Gulf to Bay Boulevard and Old Tampa Bay. The applicant owns 2975 Gulf to Bay Boulevard, abutting to the north, and is requesting this annexation so that these additional parcels are also fully in the City’s jurisdiction for future redevelopment of the entire site. The site is vacant and being used as a construction staging area for the property to the east that is currently under construction. The property is located within an enclave and is contiguous to existing city limits to the north, west and east. It is proposed that the property be Draft City Council Meeting Minutes September 16, 2021 Page 13 City of Clearwater assigned the Future Land Use Map designations of US 19-Regional Center (US 19-RC) and Water and Zoning Atlas designations of US 19 and Preservation (P). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: • The property currently does not have water or sewer service as the majority of the parcels are submerged land. The applicant is requesting annexation in order to develop attached dwellings primarily on the abutting parcel to the north and would include this parcel within any development application. Therefore, connection to urban infrastructure (i.e., city sewer and water) is not being requested at this time, but is anticipated in the future. The applicant is aware that the required sanitary sewer and water impact and assessment fees must be paid in full prior to connection and of any additional costs to extend to the City’s sanitary sewer and water lines. The property is located within Police District III and service will be administered through the district headquarters located at 2851 N. McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station #49 located at 565 Sky Harbor Drive. The City has adequate capacity to serve this property with solid waste, police, fire and EMS service, as well as water and sanitary sewer when requested in the future. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and • The proposed annexation is consistent with and promotes the following objectives of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.5 Unincorporated property within the Clearwater Planning Area located within the US 19 Corridor redevelopment area shall be designated through an amendment to the Future Land Use Map with the appropriate future land use category upon annexation, consistent with the US 19 Regional Center, US 19 Neighborhood Center and US 19 Corridor future boundaries depicted on Map A-17. • The proposed US 19-Regional Center (US 19-RC) and Water Future Land Use Map categories to be assigned to the property are consistent with the Countywide Plan designations. The US 19-Regional Center (US 19-RC) category primarily permits a mix of uses at a floor area ratio Draft City Council Meeting Minutes September 16, 2021 Page 14 City of Clearwater (FAR) of 2.5. The Water category is proposed to be applied to the submerged lands, utilizing the mean high water line to delineate the two categories. The proposed zoning districts to be assigned to the property are US 19 and Preservation (P). The proposed use of the subject property as part of a larger multi-family residential development is consistent with the uses allowed in the US 19 District. The proposed annexation is therefore consistent with the City’s Comprehensive Plan, the Countywide Plan Map and Community Development Code; and • The property proposed for annexation is contiguous to existing city limits to the north, west and east; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Councilmember Allbritton moved to approve the annexation, initial Future Land Use Map designations of US 19-Regional Center (US 19-RC) and Water, and initial Zoning Atlas designations of US 19 and Preservation (P) Districts for two unaddressed parcels located between 2975 Gulf to Bay Boulevard and Old Tampa Bay. The motion was duly seconded and carried unanimously. Ordinance 9490-21 was presented and read by title only. Councilmember Beckman moved to pass Ordinance 9490-21 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman Ordinance 9491-21 was presented and read by title only. Councilmember Bunker moved to pass Ordinance 9491-21 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman Ordinance 9492-21 was presented and read by title only. Vice Mayor Hamilton moved to pass Ordinance 9492-21 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman Draft City Council Meeting Minutes September 16, 2021 Page 15 City of Clearwater 8.7 Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1729 Brentwood Drive, and pass Ordinances 9493-21, 9494-21, and 9495-21 on first reading. (ANX2021-07013) This voluntary annexation petition involves a 0.288-acre property consisting of one parcel of land occupied by a single-family dwelling. The property is located on the south side of Brentwood Drive approximately 340 feet west of Woodcrest Avenue. The applicant is requesting annexation in order to receive sanitary sewer and solid waste service from the City. The property is contiguous to existing city boundaries to the north and west. It is proposed that the property be assigned a Future Land Use Map designation of Residential Low (RL) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: • The property currently receives water service from the City of Clearwater. The closest sanitary sewer line is located in an easement to the southwest of the subject property, at the northwest corner of 1726 Lakeview Road. The applicant has paid the City's sewer impact and assessment fees and is aware of the additional costs to extend city sewer service to this property. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station #47 located at 1460 Lakeview Road. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and • The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. Draft City Council Meeting Minutes September 16, 2021 Page 16 City of Clearwater • The proposed Residential Low (RL) Future Land Use Map category is consistent with the current Countywide Plan designation of the property. This designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the District and the property exceeds the District’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and • The property proposed for annexation is contiguous to existing city boundaries to the north and west; therefore, the annexation is consistent with Florida Statutes Chapter 171.044 Councilmember Allbritton moved to approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1729 Brentwood Drive. The motion was duly seconded and carried unanimously. Ordinance 9493-21 was presented and read by title only. Councilmember Beckman moved to pass Ordinance 9493-21 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman Ordinance 9494-21 was presented and read by title only. Councilmember Bunker moved to pass Ordinance 9494-21 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman Ordinance 9495-21 was presented and read by title only. Vice Mayor Hamilton moved to pass Ordinance 9495-21 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman Draft City Council Meeting Minutes September 16, 2021 Page 17 City of Clearwater 8.8 Approve amendments to the Community Development Code revising Section 3-909, Outdoor cafés located within public right(s)-of-way and Appendix A Schedule of Fees, Rate and Charges and pass Ordinance 9487-21 on first reading. (TA2021-07002) The Community Development Code currently allows outdoor cafés located within public right(s)-of-way in the Downtown and Clearwater Beach. The closure of Cleveland Street to support outdoor cafes beyond the timeframe of the COVID emergency has generated the need for some minor amendments to the outdoor café provisions. Upon review of the existing code, it was determined some additional clarity was needed in the permit process, location, design, and operational requirements, as well as the fee schedule. Proposed Ordinance No. 9487-21 includes the following amendments: • Specifies outdoor café permits shall be issued to a person who has a business tax permit and who wishes to place tables and chairs in the right-of-way. • Allows outdoor cafes to extend beyond the sidewalk into the Cleveland Street right-of-way if closed to traffic, authorized by the city and in compliance with ADA requirements. • Requires the outdoor café operator to be responsible for keeping the café area clean, orderly, and free of debris. • Prohibits the use of city owned waste receptacles for café food and waste disposal. • Provides that outdoor café permits expire on September 30th of each year. • Provides for a reduced outdoor café permit renewal fee of $25. The Planning and Development Department has determined that the proposed text amendments to the Community Development Code is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan and the Community Development Code as outlined in the staff report. The CDB reviewed the proposed text amendment at its meeting of August 17, 2021, and unanimously recommended approval of the amendment. One individual spoke in support. Councilmember Allbritton moved to approve amendments to the Community Development Code revising Section 3-909, Outdoor cafés located within public right(s)-of-way and Appendix A Schedule of Fees, Rate and Charges. The motion was duly seconded and carried unanimously. Ordinance 9487-21 was presented and read by title only. Councilmember Beckman moved to pass Ordinance 9487-21 on first Draft City Council Meeting Minutes September 16, 2021 Page 18 City of Clearwater reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman 8.9 Amend Clearwater Community Development Code Article 3, Development Standards, Section 3-204., which relates to accessory uses and structures standards, to add subsection I, which will allow for the keeping of chickens as an accessory use in certain residential zoning districts and provide standards for associated accessory structures, and pass Ordinance 9488-21 on first reading. At the City Council meeting on May 6, 2021, the Council engaged in a discussion with city staff, residents, and chicken advocates regarding the possibility of allowing chickens in certain residential zoning districts within the City. At that meeting, the Council directed staff to prepare an ordinance that would allow such chickens. The proposed amendments to the Community Development Code would allow for the keeping of up to four backyard chickens as an accessory use to detached dwellings located in the LDR, LMDR, MDR, MHDR, and HDR zoning districts. The keeping of other fowl or roosters is prohibited, as is the sale of eggs and manure in addition to the breeding of chickens for commercial purposes. However, the sale of eggs that are a part of a lawful home-based business that has obtained the necessary permits and approvals is allowed. The ordinance establishes location, size and other standards for chicken coops and associated chicken runs, obligates owners to maintain coops and runs in clean and sanitary manner to ensure proper health and sanitation, and establishes situations that would be constitute nuisance conditions. The ordinance also defines chicken, chicken coop and chicken run. Assistant City Attorney Matthew Mytych said since the work session, staff reached out to local municipalities regarding permit requirements and learned that the cities of Gulfport, Largo, Dunedin, and St. Petersburg do not require permits but Tarpon Springs requires a permit for the chicken coops. He said Gulfport and St. Petersburg allow 10 chickens; Largo allows 12; and Pinellas County, Pinellas Park and Tarpon Springs allow 4. Mr. Mytych said that the main concerns raised in Gulfport were the presence of roosters and chickens not kept in their cages. The Gulfport Code Compliance Director did not recommend Clearwater adopt an ordinance to allow backyard chickens. He said sometimes it is hard to determine the sex of the chick; Shell's Feed & Garden Supply in Tampa and Buckingham Farm in Plant City accept roosters since the proposed ordinance does not allow roosters. The main concern raised in Draft City Council Meeting Minutes September 16, 2021 Page 19 City of Clearwater St. Petersburg was noise, receiving approximately two calls weekly. He said Largo's main issues were the presence of roosters and loose chickens. Mr. Mytych said Dunedin stated that smell and noise were their main issues but only five chicken related complaints in the last five years. He said in Largo and Gulfport, owners are required to catch their loose chickens, while Pinellas Park uses a trapper. Three individuals spoke in support. One individual spoke in opposition. Discussion ensued with a concern raised with enforcing coop setback requirements without a permitting process. In response to a question, Mr. Mytych said an individual would be considered a repeat violator if found guilty by the Municipal Code Enforcement Board or via the civil citation process of creating a nuisance on the second violation. Councilmember Bunker moved to amend Clearwater Community Development Code Article 3, Development Standards, Section 3-204., which relates to accessory uses and structures standards, to add subsection I, which will allow for the keeping of chickens as an accessory use in certain residential zoning districts and provide standards for associated accessory structures. The motion was duly seconded and carried with the following vote: Ayes: 4 - Mayor Hibbard, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman Nays: 1 - Vice Mayor Hamilton Ordinance 9488-21 was presented and read by title only. Councilmember Allbritton moved to pass Ordinance 9488-21 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Hibbard, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman Nays: 1 - Vice Mayor Hamilton 8.10 Approve the request from city staff to vacate two Drainage and Utility Easements that Draft City Council Meeting Minutes September 16, 2021 Page 20 City of Clearwater were retained as a part of Ordinance 6879-01 of the City of Clearwater, Florida as recorded in Official Records Book 11701, Page 1155, of the Public Records of Pinellas County, Florida, and pass Ordinance 9496-21 on first reading. In 2001, the City of Clearwater passed Ordinance No. 6879-01, vacating portions of Park Street, Ewing Avenue, and Pierce Street Rights-of-Way in support of development that would later become the Nolen Apartments. A Drainage and Utility Easement was retained over the entire extent of the vacated Rights-of-Way (ROW). Portions of this vacated ROW and accompanying easements are on City-owned property and portions on The Nolan parcel. No utilities are present in these easements. City staff has reviewed and determined the easements are no longer needed and in the best interest of the City to be vacated. Councilmember Beckman moved to approve the request from city staff to vacate two Drainage and Utility Easements that were retained as a part of Ordinance 6879-01 of the City of Clearwater, Florida as recorded in Official Records Book 11701, Page 1155, of the Public Records of Pinellas County, Florida. The motion was duly seconded and carried unanimously. Ordinance 9496-21 was presented and read by title only. Councilmember Bunker moved to pass Ordinance 9496-21 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman 8.11 Approve the request from the owner of property addressed 1496 Rosetree Court, Clearwater to vacate the east 6 feet of a platted 10-foot Drainage and Utility Easement, located along the west 10 feet of lot 1, of Rosetree Court, according to the plat thereof as recorded in Plat Book 79, Page 20, of the Public Records of Pinellas County, Florida, and pass Ordinance 9506-21 on first reading. The property owner at 1496 Rosetree Court, Clearwater, has requested that the City vacate the east 6 feet of the 10-foot platted Drainage and Utility Easement along the rear of their property. The purpose of this vacation will be to eliminate an encroachment of the existing pool and pool deck. Draft City Council Meeting Minutes September 16, 2021 Page 21 City of Clearwater There are no utilities present within this easement. The remaining 4 feet of this easement will be sufficient for drainage purposes and future city needs. City staff have reviewed this vacation and have no objection. The Council recessed from 7:38 p.m. to 7:46 p.m. Vice Mayor Hamilton moved to approve the request from the owner of property addressed 1496 Rosetree Court, Clearwater to vacate the east 6 feet of a platted 10-foot Drainage and Utility Easement, located along the west 10 feet of lot 1, of Rosetree Court, according to the plat thereof as recorded in Plat Book 79, Page 20, of the Public Records of Pinellas County, Florida. The motion was duly seconded and carried unanimously. Ordinance 9506-21 was presented and read by title only. Councilmember Allbritton moved to pass Ordinance 9506-21 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman 9. City Manager Reports 9.1 Amend the City’s fiscal year 2020/2021 operating and capital improvement budgets at third quarter and pass Ordinances 9500-21 and 9501-21 on first reading. The fiscal year 2020/21 operating and capital improvement budgets were adopted in September 2020 by ordinances 9408-20 and 9409-20. Section 2.521 of the City’s Code of Ordinances requires the City Manager to prepare a quarterly report detailing income, expenditure estimates, collections, the explanation of significant variances, as well as the financial status of all capital improvement projects. Councilmember Beckman moved to amend the City’s fiscal year 2020/2021 operating and capital improvement budgets at third quarter. The motion was duly seconded and carried unanimously. Ordinance 9500-21 was presented and read by title only. Councilmember Bunker moved to pass Ordinance 9500-21 on first reading. The motion was duly seconded and upon roll call, the vote was: Draft City Council Meeting Minutes September 16, 2021 Page 22 City of Clearwater Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman Ordinance 9501-21 was presented and read by title only. Vice Mayor Hamilton moved to pass Ordinance 9501-21 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman 9.2 Accept Ordinance 536, an Interlocal Agreement/Franchise with the Town of Belleair, in order for Clearwater Gas System to continue to provide natural gas service to the citizens of Belleair and adopt Resolution 21-33. On August 17, 2021, the Town of Belleair Commission approved an Interlocal Agreement, on second reading, with the City of Clearwater, which provides a franchise for Clearwater Gas System to provide natural gas service in Belleair. The previous franchise with Town of Belleair was approved on June 14, 1990. The thirty-year term ended on June 13, 2020, and the Franchise is currently in effect on a month-to-month basis under the provisions of the franchise agreement (as the renewal was delayed due to the COVID-19 pandemic). The effective date of the new franchise shall be the 1st day of the following month after the Interlocal Agreement is approved by the City of Clearwater. The Agreement provides the City of Clearwater a 15-year non-exclusive right to continue to construct, operate and maintain all facilities necessary to supply natural gas to the Town of Belleair. The agreement also provides for renewal options, which may be extended for an additional 15 years. The Interlocal Agreement provides for a 5.5% franchise fee to be paid by the consumers of natural gas within the Town of Belleair and continues to exempt industrial customer revenues. The prior franchise fee was 5.5%. Councilmember Allbritton moved to accept Ordinance 536, an Interlocal Agreement/Franchise with the Town of Belleair, in order for Clearwater Gas System to continue to provide natural gas service to the citizens of Belleair. The motion was duly seconded and carried unanimously. Resolution 21-33 was presented and read by title only. Councilmember Beckman moved to adopt Resolution 21-33. The Draft City Council Meeting Minutes September 16, 2021 Page 23 City of Clearwater motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman 9.3 Approve Third Amendment to Lease Agreement between Clearwater Golf Associates, Inc. and City of Clearwater to provide assistance of $58,100.00 to partially offset the cost of installing reclaimed water at the Landings Golf Course and authorize the appropriate officials to execute same. On December 19, 2001, the Council approved a 20-year Agreement between Clearwater Golf Associates, Inc. (Club) and the City for the operation of the property known as Clearwater Executive Golf Course, including an annual lease payment and improvements to the course. On February 4, 2010, the Council approved a First Amendment to the Lease Agreement to increase the length of the Agreement by seven years from 20 years to 27 years; and extend rent relief for seven years to complete a number of additional improvements needed at the Club. On July 20, 2017, the Council approved a Second Amendment to the lease to extend rent relief for the remaining 12 years of the lease and set a schedule to complete $400,000.00 of additional improvements to the course by the Club. Over the past twenty years, the Club has invested over one million dollars in upgrades and improvements to the golf course including renovations to the club house/pro shop, driving range, storage and cart facilities, parking lot, irrigation system, greens, and tee boxes. Included in the Second Amendment was a requirement that the Club connect to reclaimed water when available. Reclaimed water is now available, and the Club is currently in the process of connecting from well water to reclaimed water. The cost of this project is $116,200.00. The Club is requesting partial relief from these obligations by requesting that the City pay for 50% of the cost to convert to reclaimed water. Staff is recommending that the City participate in the cost of this project by contributing 50% or $58,100.00. In the future, the City may be required to dispose of all reclaimed water on upland properties rather than disposing excess water into Tampa Bay. This improvement will help in meeting this requirement regardless of how the property is used. APPROPRIATION CODE AND AMOUNT: Funding is available in the Parks and Recreation operating code Draft City Council Meeting Minutes September 16, 2021 Page 24 City of Clearwater 0101867-530300 Contract Team. In response to questions, Parks and Recreation Director Jim Halios said the rationale for the expenditure is due to 1) the Landings is required by the Southwest Florida Water Management District to connect to reclaimed water when available and 2) allows the City to alleviate the excess of reclaimed water in the community since Senate Bill 64 prohibits the discharge of reclaimed water into the bay. Interim City Manager Micah Maxwell said there are some ponds on the golf course that will store reclaimed water. Mr. Halios said if the City took over the site, it would cost approximately $53,000 annually to be maintained to meet city code and $1 million annually to be maintained as a golf course. Vice Mayor Hamilton moved to approve Third Amendment to Lease Agreement between Clearwater Golf Associates, Inc. and City of Clearwater to provide assistance of $58,100.00 to partially offset the cost of installing reclaimed water at the Landings Golf Course and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 9.4 Award Invitation to Bid 46-21 to Covenant Property Investors, LLC, approve the Contract for Purchase of Real Property by the City of Clearwater, Florida (City) by and between the City and Covenant Property Investors, LLC (Covenant) for the City to sell to Covenant a Parking Condominium containing 450 public parking spaces, more particularly described as Condominium Unit Pub Of North Beach Plaza Condominium, a Condominium, according to the Declaration of Condominium thereof, recorded in Official Records Book 19444, Page 145, and any amendments thereto, and the plat thereof recorded in Condominium Plat Book 159, Page 91, of the Public Records of Pinellas County, Florida, together with its undivided share in the common elements appurtenant thereto (Parking Unit), located at 490 Poinsettia Street, Clearwater, and authorize the appropriate officials to execute same, together with all other instruments required to affect closing. On June 17, 2021, the City Council declared the Parking Unit surplus for the purpose of sale, through Invitation to Bid # 46-21, whereby the successful bid was required to meet the terms set by Council. Per City Charter 2.01 (d)(5)(ii), real property declared surplus shall be sold to the party submitting the highest competitive bid above the appraised value whose bid meets the terms set by the Council and whose proposed use of the property is in accordance with the Council’s stated purpose for declaring the property surplus. Accordingly, all qualifying bids were required to meet the following terms: • Bid price shall exceed $12,000,000.00 Draft City Council Meeting Minutes September 16, 2021 Page 25 City of Clearwater The appraised value of the Parking Unit/450 parking spaces was determined by James Millspaugh & Associates, Inc., to be $11,160,000.00 and Tobias Realty Advisors to be $13,245,000.00. The city received two bids; both meet the required term listed above. Covenant submitted the successful qualifying bid with a proposed purchase price of $12,500,000.00. Consistent with City Charter 2.01 (d)(5)(ii) referenced above, staff recommends approval of the Contract. Proceeds from the sale will be credited to the Parking Fund, revenue code 435-364220, Surplus Land Sales. One individual spoke in opposition and raised concerns that Park Simple was not qualified to conduct business in Florida, that Covenant Property LLC is an affiliate of Park Simple and had access to financial information before it was available to the City, and that Covenant had insider information not available to any other bidder. One individual spoke in support. One individual spoke in opposition. In response to a question, the City Attorney said she does not know if Park Simple is not qualified to work in Florida. She said the predecessor in interest to SCI chose Park Simple, before the City owned the condominium. Staff will look into the matter. Lead Assistant City Attorney Owen Kohler said the bid was opened on June 28, 2021. At the beginning of July prospective bidders raised some questions regarding financial information. The City's procurement department made two different addendums, providing 41 months of data (January 2018 to May 2020) and 29 months of data (January 2019 to May 2021). The City issued the second addendum on July 19, 2021 and the bid closed on July 28, 2021. He said the procurement department closed off all questions when the bid was closed. The City did not have any information pertaining to June 2021. Mr. Kohler said the City received two bids and the highest bid should be awarded the contract. The focus of a bid protest is whether the proposed action by the City is arbitrary, capricious, or illegal. Mr. Kohler said, in this instance, it is not; the City gave the same information and instruction to all bidders and did not favor one bidder over the other. The City complied with the charter in that it is recommended the sale goes to the party that submitted the highest bid, as well as the Code of Ordinances, the Draft City Council Meeting Minutes September 16, 2021 Page 26 City of Clearwater purchasing manual, and bidding instruction, and the term set by Council was a bid exceeding $12 million. He said the bid submitted by Covenant was $12.5 million. The bid protest referenced that the financial information for June 2020 and July 2021 were missing; the City did not have the information and would have posted the information if it was in the City's possession. The data from June 2021 shows the net income was actually lower than March and April in 2021. He said the City received the final report for July 2021 yesterday and the net income was lower than March and April 2021. The data does not support the arguments raised by SCI. Park Simple and Covenant are not the same company; they are two separate companies. Assistant City Attorney Matthew Mytych said the condominium documents can be amended if the other owners agree to change the documents. The City Attorney said there is the ability to amend the documents by vote of the parking condominium association. Now is not the time to amend the documents since the City is selling its portion of ownership. She said the appraisals for the property were not income based. The appeal process was exhausted. She said the City followed its charter and procedures. Vice Mayor Hamilton moved to award Invitation to Bid 46-21 to Covenant Property Investors, LLC, approve the Contract for Purchase of Real Property by the City of Clearwater, Florida (City) by and between the City and Covenant Property Investors, LLC (Covenant) for the City to sell to Covenant a Parking Condominium containing 450 public parking spaces, more particularly described as Condominium Unit Pub of North Beach Plaza Condominium, a Condominium, according to the Declaration of Condominium thereof, recorded in Official Records Book 19444, Page 145, and any amendments thereto, and the plat thereof recorded in Condominium Plat Book 159, Page 91, of the Public Records of Pinellas County, Florida, together with its undivided share in the common elements appurtenant thereto (Parking Unit), located at 490 Poinsettia Street, Clearwater, and authorize the appropriate officials to execute same, together with all other instruments required to affect closing. The motion was duly seconded and carried unanimously. 9.5 Amend Clearwater Code of Ordinances Chapter 8, Animals, Section 8.04, Exceptions to Section 8.03, to add subsection 11 allowing for the keeping of chickens pursuant to Section 3-204.I of the Clearwater Community Development Code; amend Section 8.33 to include chickens in the list of animals owners are prohibited from allowing to roam at large; and pass Ordinance 9489-21 on first reading. Draft City Council Meeting Minutes September 16, 2021 Page 27 City of Clearwater At the City Council meeting on May 6, 2021, the Council engaged in a discussion with city staff, residents, and chicken advocates regarding the possibility of allowing chickens in certain residential zoning districts within the City. At that meeting, the Council directed staff to prepare an ordinance that would allow such chickens. In order to implement the necessary revisions to the Community Development Code as proposed in Ordinance 8488-21, certain revisions to the Clearwater Code of Ordinances are required. Currently, Section 8.03 does not allow for the keeping of backyard chickens. This ordinance creates an exception to that prohibition. In addition, it amends Chapter 8.33 to add chickens to the animals that owners are prohibited from allowing to roam at large. One eComment was received supporting Item 9.5 that was read into the record by the City Clerk (see page 30). Councilmember Allbritton moved to amend Clearwater Code of Ordinances Chapter 8, Animals, Section 8.04, Exceptions to Section 8.03, to add subsection 11 allowing for the keeping of chickens pursuant to Section 3-204.I of the Clearwater Community Development Code; amend Section 8.33 to include chickens in the list of animals owners are prohibited from allowing to roam at large. The motion was duly seconded and carried with the following vote: Ayes: 4 - Mayor Hibbard, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman Nays: 1 - Vice Mayor Hamilton Ordinance 9489-21 was presented and read by title only. Councilmember Beckman moved to pass Ordinance 9489-21 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Hibbard, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman Nays: 1 - Vice Mayor Hamilton 10. City Attorney Reports – None. 11. Closing comments by Councilmembers (limited to 3 minutes) Draft City Council Meeting Minutes September 16, 2021 Page 28 City of Clearwater Councilmember Allbritton said there was a press conference held for the PSTA intermodal center today and he said he wanted to thank Council and the Mayor; the Mayor actually got the whole thing started about a decade ago and he thanked Council for setting the goal of having the intermodal center in Clearwater and setting the groundwork for that to possibly come to fruition. He said he hoped to hear that the RAISE grant gets awarded to PSTA. Councilmember Beckman invited all to learn about what is going on in Clearwater and to get involved; she listed several opportunities available where anyone can find opportunities to get involved. Councilmember Bunker said he applauded Councilmember Allbritton for all the work he has done championing the intermodal center and said it was inspirational to him to see how active Allbritton is. He expressed condolences on the loss of comedian Norm Macdonald. He thanked Summer and Tyler for coming to the meeting and speaking about chickens. 12. Closing Comments by Mayor The Mayor thanked all who came out to the Imagine Clearwater groundbreaking ceremony. He thanked Clearwater Marine Aquarium for their manatee awareness program; it has been a historically bad year for manatees and asking all to be cognizant and careful. He thanked Police Chief Slaughter and staff for hosting the International Association of Human Trafficking Investigators; Human Trafficking is a terrible crime that goes unreported and takes advantage of the most vulnerable. He thanked the Philadelphia Phillies organization for a great and productive meeting in Philadelphia over the weekend. He expressed his condolences to the family of James Rembert, who celebrated his 100th birthday a couple months ago, who passed away. 13. Adjourn The meeting adjourned at 8:35 p.m. Mayor City of Clearwater Attest City Clerk Draft City Council on 2021-09-16 6:00 PM Meeting Time: 09-16-21 18:00 eComments Report Meetings Meeting Time Agenda Items Comments Support Oppose Neutral City Council on 2021-09-16 6:00 PM 09-16-21 18:00 571100 Sentiments for All Meetings The following graphs display sentiments for comments that have location data. Only locations of users who have commented will be shown. Overall Sentiment 29 City Council on 2021-09-16 6:00 PM 09-16-21 18:00 Agenda Name Comments Support Oppose Neutral 9.5 9489-21 Amend Clearwater Code of Ordinances Chapter 8, Animals, Section 8.04, Exceptions to Section 8.03, to add subsection 11 allowing for the keeping of chickens pursuant to Section 3-204.I of the Clearwater Community Development Code; amend Section 8.33 to include chickens in the list of animals owners are prohibited from allowing to roam at large; and pass Ordinance 9489-21 on first reading. 1100 Sentiments for All Agenda Items The following graphs display sentiments for comments that have location data. Only locations of users who have commented will be shown. Overall Sentiment Agenda Item: eComments for 9.5 9489-21 Amend Clearwater Code of Ordinances Chapter 8, Animals, Section 8.04, Exceptions to Section 8.03, to add subsection 11 allowing for the keeping of chickens pursuant to Section 3-204.I of the Clearwater Community Development Code; amend Section 8.33 to include chickens in the list of animals owners are prohibited from allowing to roam at large; and pass Ordinance 9489-21 on first reading. Overall Sentiment Samantha Levy Location: Submitted At: 1:36pm 09-16-21 I have lived here for 20 years and have always wanted chickens. I own my home and have enough land that can provide a good life for chickens. I pay my taxes and don’t upset my neighbors. I believe that chickens improve livelihood. They provide work, care and give back to their owners in the form of love and eggs. Please, unless one is harming others or themself they should be allowed to do what they want on their own land. All of this is provided one also has the adequate means and space I to do so for the benefit of all. Please pass this code :) 30 INDIVIDUAL SPEAKER Citizen Comment Card Name: A._...\‘,.. Address: city. C1 -.v0 Zip '— Telephone Number: J 1 o b U' Email Address: ' (N QCfl .Com Speaking under citizens to b1e heard re items not on the agenda? j Agenda item(s) to which you wish to speak. 1„ r' What is your position on the item? For Against INDIVIDUAL SPEAKER Citizen Comment Card Name: Address: 1 2. city: L t/ Telephone Number: Zip: 1/2 Email Address: EC6/'L La' Speaking under citizens to be heard re items not on the agenda? 47 Agenda item(s) to which you wish to speak. What is your position on the item? For Against INDIVIDUAL SPEAKER Citizen Comment Card Name. Pe v Address: R K 1 ( kik-1Z City: Ce -1 Zip: .36 5- Telephone Number: ,S-/ 7- o! /67- / 4-11' Email Address: S ( y (77P(2 e‹g— t I.._liul2.n0, l Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak. L 11 ?.v‘ c( per) c. 10 What is your position on the item? For Against INDIVIDUAL SPEAKER Citizen Comment Card Name: Address: 9 7//1,0 City: CAC/ Zip: Telephone Number: Email Address: Speaking under citizens to be heard re items not on the agenda? g""C- What Agenda item(s) to which you wish to speak• is your position on the item? For Against 7 East Gateway Business and Neighbors Association We are back! East Gateway Business and Neighbors Association You are cordially invited to the First " Kick Off" Meeting! Monday October llth starting @5:30pm at Hacienda Corralejo Mexican Kitchen located at 1238 Cleveland Street across from Save A Lot Clearwater Mayor Frank Hibbard will be stopping by As before the Gateway Police, Sargent Dean will be present to give a Gateway update. We will always acknowledge and highlight any Gateway business, side table to display their business cards and literature. After meeting order a drink and some good food and enjoy the Mexican Cuisine Ice cold Margaritas and mingle with the Gateway Merchants, City Officials and staff while meeting your neighbors. Follow us on Facebook: Clearwater East Gateway Business and Neighbors Assocation Any questions please reach out to Eleanore at 727.453.9967 or Maryce at 727.464.2499 The East Gateway is Coming back Baby.... We're Coming Back!!!" A East Gateway Business and Neighbors Association Lets Keep The Ball Rolling " The New And Soon To Be Our Beautiful New Gateway Folks, it has been over a "decade" of promises to start, "Phase 111- Streetscape and Festival Corridor" in the East Gateway. We are known as the "City's Step Child" even though we are the Gateway to Downtown Clearwater, now "The District." And, Yes it has finally come to fruition. The project will take approximately 18 months to completion. So we have this time to generate new ideas and complete several goals before the ribbon cutting celebration. The East Gateway Business and Neighbors Association (EGBNA) is a very fun and active group of business owners and passionate neighbors living in the Gateway. Come join us again to be a part of this transformation. So... going forward we are going to re -launch the EGBNA again. We want to invite you to our first meeting, October 11, @5:30 PM Hacienda Corralejo Mexican Kitchen in the Gateway. Follow us on Facebook: Clearwater East Gateway Business and Neighbors Association Questions contact Maryce at 727.464.2499 or Eleanore 727.453.9967 GATEWAY HISTORY Sixty -plus years ago, Rutenberg built the Drew Ridge condominiums and several others along Drew Street. All are still standing. PJ's Auto World Classics, a unique collection of classic and antique motor cars is more than 60 years old and still going strong. They have expanded with two more locations. FrankCrum Insurance was originally a Montgomery Ward's, and then the City of Clearwater was housed in this building with many offices. later, a computer company bought the property and totally renovated the building and landscaping. keeping it until around 2000. Now FrankCrum Insurance owns the property and have continued to maintain the beautiful landscaping, wonderful sculptures, and a water fountain entrance — a nice addition leading into our Gateway. Thank you, Frank Crum and family. Cleveland Plaza — a Fun Place to Shop In 1952, Jack Eckerd bought three fledgling drug stores in the Tampa Bay area. One was in the Cleveland Plaza and is now CVS. Eckerd's home office was in Largo, and at the height of his success, there were over 2,800 Eckerd Drug stores in 23 states as far west as Arizona. So the Cleveland Plaza had the 2nd Publix ever built in Florida and the 3rd Eckerd Drug Store. This second Publix was where Nature's Food Patch, Nedd Chiropractor, Dollar General, and Quest Diagnostic is now. Before relocating to Cleveland Plaza, Nature's Food Patch was originally a co-op where Senor Bubbles laundromat is now. Next to Publix was Panda, a wonderful Chinese restaurant with a beautiful hand -carved wood interior, now a Save A Lot grocery store. Save A Lot is now under new ownership, Fresh Encounters purchasing all of the Save A Lot stores in Florida. They came in recently and gave the store a new and attractive face lift. Woolworths at the other end of Cleveland Plaza for many, many years. It featured a real soda fountain and was a great place to sit on a green vinyl -top stool at the counter for a quick breakfast or lunch. The Dutch Pantry was next to Woolworths. The Regal Motel, now Tropical Inn & Suites, was totally gutted by its three owners several years ago and has been beautifully remodeled. Not a chain, it's painted in pastel multi - colors and has a beautiful pool area. This motel is a welcome addition to the Gateway. Even the Idle Spur has a past history and photographs of the family who were the original owners. The owner, Clint, saved a lot of the old pictures and shared some of the history with us. Next door, the old I -Hop building was a Shell's Seafood Restaurant, then Dolce Speakeasy Supper Club. Now "the new kids in the Gateway," De Luka's Italian Restaurant & Bar has an expanded patio for outside dining and music on the weekends. Check it out. It's beautiful inside and has a private event room. The old Federal Bank building — remember the clock on the corner? — was bought several years ago and is now the Ultimate Medical Academy (UMA). Who remembers Morrison's Cafeteria? How many times did you pig out there? This location later became Day Labor. The EGBNA again went to the City Council to protest this company coming to our Gateway. We won, and it was defeated, but several months later, a judge overruled the vote and they were allowed to come. The building is now owned by Energy Professionals. Did Lou at Lou's Tattoo ever design a tattoo for you? Lou's Tattoo's was there for years. It's now owned by Dustin Miller, a well-known sculptor. Fine Metal Arts is just one of his locations. Welcome to the Gateway! From Cleveland Street Up The Hill to Gulf to Bay Remember the Chick -Inn? Best chicken ever and famous for their milk shakes and French fries. They later built a second floor. On the left was Kyle's Clock Shop, and the Oriental looking building across the street was a Chinese buffet restaurant. Finally, the intersection of Cleveland Street with Gulf to Bay was once acres and acres of gladiolus. H.H. Constantine was a pioneer grower with one of the largest gladiola farms in the state. Constantine Farms is the inspiration for our logo. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9632 Agenda Date: 10/7/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Approve a contract with Complete Property Services, LLC of Tampa, FL to perform structural repairs and refinishing services at BayCare Ballpark in an amount not to exceed $356,407.70 pursuant to Invitation to Bid (ITB) 20-0036-EN-A, BayCare Ballpark - Structural Repairs (2021) and authorize the appropriate officials to execute same. (consent) SUMMARY: A 20-year capital improvement (reserve) study was completed in Fiscal Year 2014/15 by Wannemacher Jenson Architects Inc. (WJA) and Delta Engineering for Baycare Ballpark (formerly Spectrum/Bright House Field). As a result of the study, CIP budgets for the maintenance and upkeep of Baycare Ballpark were established. Pennoni Associates, Inc. conducted their annual structural inspection of the stadium and recommend that several structural cracks and spalling concrete be repaired. On July 14, 2021, the City issued ITB #20-0036-EN-A, Baycare Ball Park Structural Repairs (2021). Four bids were received, of which Complete Property Services, LLC, was the lowest, most responsive bid at $356,407.70, which includes a 10% contingency. This contract will provide for concrete repairs at several locations in the stadium where various structural cracks have appeared in the precast beams, corbels, columns, and slabs. The contractor will rout and seal concrete slab cracks, install epoxy injections in precast beams, corbels and columns, and replace spalling concrete by forming and pouring with an approved repair material. This repair work is estimated to take 90 consecutive calendar days, to be completed prior to the Phillies 2022 Spring Season. APPROPRIATION CODE AND AMOUNT: Funds are available in CIP 315-93205 “Baycare Ballpark Infrastructure Repairs/Improvements” to fund this contract. Page 1 City of Clearwater Printed on 10/6/2021 SECTION V Page i Updated: 5/4/2020 SECTION V CONTRACT DOCUMENTS Table of Contents PUBLIC CONSTRUCTION BOND ......................................................................................................... 1 CONTRACT ................................................................................................................................................ 3 CONSENT OF SURETY TO FINAL PAYMENT .................................................................................. 7 PROPOSAL/BID BOND ............................................................................................................................ 8 AFFIDAVIT ................................................................................................................................................ 9 NON-COLLUSION AFFIDAVIT ........................................................................................................... 10 PROPOSAL ............................................................................................................................................... 11 CITY OF CLEARWATER ADDENDUM SHEET ............................................................................... 13 BIDDER’S PROPOSAL ........................................................................................................................... 14 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM ....................................................................................................................... 19 SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM...... 20 SECTION V – Contract Documents SECTION V Page 1 of 20 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 Complete Property Services 13505 Prestige Place Tampa, FL 33635 (727) 793-977 [name] [principal business address] [phone number] City of Clearwater Parks and Recreation 100 S. Myrtle Avenue Clearwater, FL 33756 (727) 562-4750 PROJECT NAME: BayCare Ballpark Structural Repairs 2021 PROJECT NO.: 20-0036-EN-A PROJECT DESCRIPTION: The work shall consist of various types of repairs as follows, concrete repairs as identified herein, sealant joint replacement, membrane repairs, handrail (HR) post pocket repairs, painting of metal bridge decks plus misc. items noted on the plans and specifications. BY THIS BOND, We, Complete Property Services, as Contractor, and __________________________________________________, a corporation, as Surety, are bound to the City of Clearwater, Florida, herein called Owner, in the sum of $356,407.70, 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 BayCare Ballpark Structural Repairs 2021, 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 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 2 of 20 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). Complete Property Services 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 3 of 20 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 Complete Property Services, of the City of Tampa, County of Hillsborough and State of Florida, hereinafter designated as the "Contractor". [Or, if out of state:] NOT APPLICABLE 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: BayCare Ballpark Structural Repairs 2021 PROJECT NO.: 20-0036-EN-A in the amount of $356,407.70 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 4 of 20 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 5 of 20 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 6 of 20 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 7 of 20 Updated: 5/4/2020 CONSENT OF SURETY TO FINAL PAYMENT TO OWNER: City of Clearwater PROJECT NAME: BayCare Ballpark Structural Repairs 2021 Parks and Recreation PROJECT NO.: 20-0036-EN-A 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: Complete Property Services 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 Complete Property Services 13505 Prestige Place Tampa, FL 33635 ,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 Parks and Recreation 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): DBE = NO DBE= NO DBE = NO DBE = YES BID ITEMS UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT1General Conditions a Permits (Pricing Not Applicable; No Building Permit s Required for Str LS 1 -$ -$ -$ -$ b Supervision LS 1 35,300.00$ 35,300.00$ 9,520.00$ 9,520.00$ 90,050.00$ 90,050.00$ 100,000.00$ 100,000.00$ c Tools, Equipment etc. LS 1 34,500.00$ 34,500.00$ 101,320.63$ 101,320.63$ 35,500.00$ 35,500.00$ 50,000.00$ 50,000.00$ d Survey Quantities LS 1 1,500.00$ 1,500.00$ 3,720.00$ 3,720.00$ 3,990.00$ 3,990.00$ 5,000.00$ 5,000.00$ e Owner Supplied Roll Off (Includes Dumping Fees - No Pricing Require LS 1 -$ -$ -$ -$ 2 Demolition a Disposal of Materials LS 1 1,500.00$ 1,500.00$ 650.00$ 650.00$ 14,850.00$ 14,850.00$ 15,000.00$ 15,000.00$ b Dust Control LS 1 2,500.00$ 2,500.00$ 3,720.00$ 3,720.00$ 33,250.00$ 33,250.00$ 40,000.00$ 40,000.00$ c Water Test for Leaks EA 6 300.00$ 1,800.00$ 170.00$ 1,020.00$ 327.50$ 1,965.00$ 500.00$ 3,000.00$ 3 Concrete Repairs a Deck Spalls CF 20 350.00$ 7,000.00$ 320.00$ 6,400.00$ 350.00$ 7,000.00$ 400.00$ 8,000.00$ b Column Spalls CF 5 375.00$ 1,875.00$ 485.00$ 2,425.00$ 375.00$ 1,875.00$ 400.00$ 2,000.00$ c Wall Spalls CF 5 375.00$ 1,875.00$ 485.00$ 2,425.00$ 375.00$ 1,875.00$ 400.00$ 2,000.00$ d Crack Repair Epoxy LF 20 45.00$ 900.00$ 45.00$ 900.00$ 45.00$ 900.00$ 75.00$ 1,500.00$ 4 Repairs to Finish Surfaces a Replace Deck Sealant Joints LF 2500 11.38$ 28,450.00$ 9.00$ 22,500.00$ 7.18$ 17,950.00$ 8.00$ 20,000.00$ b **Repair to six leaks (allowance) EA 6 2,500.00$ 15,000.00$ 2,500.00$ 15,000.00$ 2,500.00$ 15,000.00$ 2,500.00$ 15,000.00$ c Replace expansion joints at 107 (P86-Detail # 14), 10 L. F. Estimated LS 1 3,131.00$ 3,131.00$ 5,200.00$ 5,200.00$ 4,215.00$ 4,215.00$ 5,000.00$ 5,000.00$ d Replace expansion joints at Suites (P15-P19/SR9/Detail # 16), Estimate LS 1 14,850.00$ 14,850.00$ 3,400.00$ 3,400.00$ 22,600.00$ 22,600.00$ 25,000.00$ 25,000.00$ e Replace expansion joint @ C line (DOW123) Detail #11, Estimated 80 LS 1 44,000.00$ 44,000.00$ 9,600.00$ 9,600.00$ 31,500.00$ 31,500.00$ 40,000.00$ 40,000.00$ f Repair steel flashing at Slab Edge Above P124, Detail #13, Estimated 5 LS 1 3,625.00$ 3,625.00$ 6,000.00$ 6,000.00$ 2,500.00$ 2,500.00$ 3,750.00$ 3,750.00$ g New Membrane @ Batter's Eye Platform P#106, Detail # 8 LS 1 1,880.00$ 1,880.00$ 6,720.00$ 6,720.00$ 900.00$ 900.00$ 1,500.00$ 1,500.00$ 5 Misc. Repairs a Repair Handrail (HR) post pockets P128 Detail 1 EA 250 60.00$ 15,000.00$ 25.00$ 6,250.00$ 25.40$ 6,350.00$ 25.00$ 6,250.00$ b**Seal/Reseal Ramp Light Fixtures (P140/P14/Detail #15), Estimated 24 LS 1 240.00$ 240.00$ 2,040.00$ 2,040.00$ 510.00$ 510.00$ 1,000.00$ 1,000.00$ c**Fence Repairs P2 (allowance) EA 2 250.00$ 500.00$ 250.00$ 500.00$ 250.00$ 500.00$ 250.00$ 500.00$ d Replace Conduit Clamps P139 EA 12 25.00$ 300.00$ 85.00$ 1,020.00$ 20.00$ 240.00$ 25.00$ 300.00$ e Repairs to North & South Stairwells Detail #6, #7 EA 2 31,950.00$ 63,900.00$ 54,700.00$ 109,400.00$ 11,325.00$ 22,650.00$ 15,000.00$ 30,000.00$ 6 Painting (SeeTNEMEC Spec) a Paint Faded Frames at Scoreboard P10/11 LS 1 17,067.00$ 17,067.00$ 68,560.00$ 68,560.00$ 45,700.00$ 45,700.00$ 50,000.00$ 50,000.00$ b Paint Outfield Posts P114 & P115 EA 2 3,707.00$ 7,414.00$ 12,670.00$ 25,340.00$ 7,700.00$ 15,400.00$ 10,000.00$ 20,000.00$ BayCare Ballpark Structural Repairs (2021) 20-0036-EN-ABID OPENING - August 12, 2021 AWARD - September 16, 2021 P&R Pro Coatings, Inc. 2078 Weaver Park Dr. Clearwater FL 33765 Schnell Contractors, Inc. 1343 Tile Factory Lane Louisville, KY 40213 Complete Property Services 13505 Prestige Place Tampa, FL 33635 Innovative Masonry Restoration LLC 13234 Lakeside Ave SE Prior Lake, MN 55372 DBE = NO DBE= NO DBE = NO DBE = YES BID ITEMS UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT BayCare Ballpark Structural Repairs (2021) 20-0036-EN-ABID OPENING - August 12, 2021 AWARD - September 16, 2021 P&R Pro Coatings, Inc. 2078 Weaver Park Dr. Clearwater FL 33765 Schnell Contractors, Inc. 1343 Tile Factory Lane Louisville, KY 40213 Complete Property Services 13505 Prestige Place Tampa, FL 33635 Innovative Masonry Restoration LLC 13234 Lakeside Ave SE Prior Lake, MN 55372 c Paint Batter's Eye Platform/Frame/Base Plates Detail #9 LS 1 12,500.00$ 12,500.00$ 19,840.00$ 19,840.00$ 12,550.00$ 12,550.00$ 13,000.00$ 13,000.00$ d Paint Door Frames, Detail #12 EA 6 600.00$ 3,600.00$ 370.00$ 2,220.00$ 940.00$ 5,640.00$ 1,000.00$ 6,000.00$ e Paint Pole Base Plate Only, Detail #10 LS 1 300.00$ 300.00$ 680.00$ 680.00$ 3,750.00$ 3,750.00$ 5,000.00$ 5,000.00$ f **Misc. Painting (allowance) LS 1 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 7 Cleanup and Demobilize LS 1 1,500.00$ 1,500.00$ 7,440.00$ 7,440.00$ 23,550.00$ 23,550.00$ 25,000.00$ 25,000.00$ 8 Sub Total of Items 1 - 7 INCLUDING SUBSETS a-g 324,007.00$ 445,810.63$ 424,760.00$ 495,800.00$ 9 10% Contingency of Line 8 Contingency funds shall only be LS 1 32,400.70$ 32,400.70$ 44,581.06$ 44,581.06$ 42,476.00$ 42,476.00$ 49,580.00$ 49,580.00$ 10 Grand total of lines 8 & 9 includes contingency.356,407.70$ 490,391.69$ 467,236.00$ 545,380.00$ 11 Note (*) Contingency requires Owner Approval for unknown cost item before proceeding 12 1. Lump sum (LS) quantiles are for information only. Contactor to verify all LS Quantities. 13 2. Allowances (**) labor and materials to be billed on a Time & Materials (T&M) bases. 14 3. Any contingency funds remaining shall be returned to the Owner upon close out of purchase order.15 4. Photos are noted by P#'s. Details are noted by Detail #'s. 16 Construction Schedule 17 1. Contractor agrees to commence work withing 7 calendar days from the execution of the contract notice to proceed and permit is available. 18 2. Contractor further agrees to complete the work within 90 calendar days execution of the contractor, notice to proceed and receipt of the permit. 19 Alternates 20 1. Alternates #1 Painting of the entire scoreboard frame (less item #6.A) See Detail #9) ADD $_______________$48,900.00 $60,000.00 $0.00 $2,500.00 21 2. Labor rate for work performed on Time & Material (T&M) basis $___________ Per Hour $40.00 $85.00 $65.00 85 DBE = NO DBE= NO DBE = NO DBE = YES BID ITEMS UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT BayCare Ballpark Structural Repairs (2021) 20-0036-EN-ABID OPENING - August 12, 2021 AWARD - September 16, 2021 P&R Pro Coatings, Inc. 2078 Weaver Park Dr. Clearwater FL 33765 Schnell Contractors, Inc. 1343 Tile Factory Lane Louisville, KY 40213 Complete Property Services 13505 Prestige Place Tampa, FL 33635 Innovative Masonry Restoration LLC 13234 Lakeside Ave SE Prior Lake, MN 55372 22 3. Material for Work Performed on a Time & Material Basis at Cost Plus. $____________%15.00%15.00%20.00%20.00% Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9746 Agenda Date: 10/7/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Approve a purchase order to Dana Safety Supply, Inc., of Greensboro, NC to purchase 25 Sig Sauer MCX rifles, 25 Sig Sauer SLX suppressors, 25 Sig Sauer Romeo sighting devices and associated equipment in an amount not to exceed $99,711.00 pursuant to Clearwater Code of Ordinances Section 2.563(1)(d) Impractical; declare 23 HK416D rifles, 24 Surefire suppressors, and 30 Eotech XPS2 sighting systems surplus and approve trade-in in the amount of $92,350.00 pursuant to Clearwater Code of Ordinances Section 2.623(7)(e), and authorize the appropriate officials to execute same. (consent) SUMMARY: The Clearwater Police Department (Police) purchased its current Heckler and Koch (HK) 416D rifles, assigned to Special Weapons and Tactics (SWAT) personnel, in 2007. Five years is the average duty life of standard police weapons before safety and maintenance problems begin to occur. Though the Police Department has not experienced significant maintenance problems with the current HK416D rifle, the manufacturer does not recommend utilizing this firearm with a suppression system, as the rifle does not have an adjustable gas block. Lack of an adjustable gas block results in rifle malfunction and increased gas blowback to the user. As a result, the Police Department began exploring other appropriate weapons systems in replacement. After several months of review, a SWAT user group recommended that the Police Department transition from the HK416D to the Sig Sauer MCX rifle. The rationale for this transition is that the Sig Sauer MCX is more compact which allows for maneuverability in confined areas, this rifle comes standard with an adjustable gas block, the weapon is made in the United States (allowing for quicker service if needed), as well as the age of the current platform (already fourteen years of service). There are only two authorized SIG Law Enforcement Distributors for the State of Florida. Of the two authorized dealers for these firearms, Dana Safety Supply, Inc. has submitted the most competitive pricing with trade-in allowance for this purchase. The direct price of the Sig Sauer MCX rifle from Dana Safety Supply, Inc., is $1,665.00/each with a trade-in value for Police's current HK416D rifle (in their current condition) of $3,500.00/each. In accordance with City Code 2.623, Disposal and disposition of surplus tangible personal Page 1 City of Clearwater Printed on 10/6/2021 File Number: ID#21-9746 property, the Police Department requests to declare as surplus and authorize the trade-in of its 23 HK416D rifles, to help offset the cost of the new firearms. It is anticipated these trade-in weapons will be refurbished and re-sold to authorized purchasers. In replacement, Police seeks to purchase 25 Sig Sauer MCX rifles in an amount of $41,625.00, 25 Sig Sauer SLX suppressors in the amount of $20,626.00, 25 Sig Sauer Romeo sighting devices in the amount of $9,150.00, and associated equipment in the amount of $28,311.00, totaling $99,711.00, with a trade-in amount of $92,350.00 for a total purchase of $7,361.00. Additionally, due to the nationwide shortage of handgun and rifle ammunition, the Police Department is planning to purchase ammunition specifically engineered and developed by Sig Sauer and recommended for usage in the Sig Sauer MCX rifle, directly through Sig Sauer, as an exemption to the competitive procurement process. The ammunition, in the amount of $49,095.60, would include both practice ($44,227.00) and duty/field usage ($4,868.60) ammunition. All SWAT personnel will be required to attend mandatory firearms training with the Sig Sauer MCX, before they are deployed in the field, at no additional cost to the City. APPROPRIATION CODE AND AMOUNT: The department anticipated this purchase and has funding available, in the amount of $56,456.60, through P1802 - Police Equipment Replacement. Page 2 City of Clearwater Printed on 10/6/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9767 Agenda Date: 10/7/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.3 SUBJECT/RECOMMENDATION: Approve a purchase order to Pinellas County Solid Waste Management for the disposal of solid waste at the Pinellas County landfill for a not-to-exceed amount of $689,000.00 for the term October 1, 2021 through September 30, 2026 pursuant to Clearwater Code of Ordinances Section 2.563(1)(a), Single source, and authorize the appropriate officials to execute same. (consent) SUMMARY: The National Pollutant Discharge Elimination System permit that the Stormwater Maintenance Division (as part of the Engineering Department) operates under requires debris generated from street sweepers, jet/vac operations and ditch and pond cleanings be disposed of at a licensed landfill disposal site. Pinellas County operates the only licensed landfill in the county. Purchase orders will be evaluated and renewed annually for up to five years, with a first year not to exceed $137,800 amount. APPROPRIATION CODE AND AMOUNT: 4192090-543500 $137,800 Funds are available in cost code 4192090-543500, Dump Fees, to fund this contract. Future year funds will be requested as part of the budget process. Page 1 City of Clearwater Printed on 10/6/2021 August 23, 2021 Dear Customer, Subject: Pinellas County Disposal Rate and Fee Increases Effective 10/1/21 On March 12, 2019, the Board of County Commissioners (BCC) approved Resolution 19-14 (excerpted below), which set the following increases for disposal of municipal solid waste, commercial waste, and yard waste: Disposal Rate Increase: Effective October 1, 2021, the disposal rate is $44.70 per ton Fee Increases: The following fee increases will take effect October 1, 2021 when the Department of Solid Waste’s budget receives final approval from the BCC on September 21, 2021: 1. Tire Fee increases from $110 per ton to $125 per ton (tire fee is applicable to any load containing five or more waste tires; reweigh is required). 2. Out-of-County Waste Surcharge is applied at $44.70 per ton in addition to the per ton rate of $44.70. 3. Radio Frequency (RFID) Window Sticker cost increases from $17 to $18. No Fee Change: 1. Special Handling Service Fee remains $110 per load in addition to per ton rate. 2. Contractor Surcharge Fee remains $100 per load in addition to the per ton rate. 3. Christmas Tree Disposal Fee remains $3 per load for up to five Christmas trees. 4. Passenger Vehicle Flat Rate Fee remains at $4. 5. Unmodified Pickup Trucks and Vans Flat Rate Fee remains at $11. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9752 Agenda Date: 10/7/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Fire Department Agenda Number: 7.4 SUBJECT/RECOMMENDATION: Approve the Pinellas County Technical Rescue Team Agreement 2021 with Pinellas County and the City of Clearwater for a five-year term through September 30, 2026 and authorize the appropriate officials to execute same. (consent) SUMMARY: Pinellas County produced an interlocal agreement between the Cities of Clearwater, Largo, Pinellas Park, St. Petersburg, and the Pinellas County Board of County Commissioners to provide specialized rescue services to the residents of Pinellas County. The original agreement effective October 1, 2015, expired September 30, 2020, and continued with a one-year extension that expires September 30, 2021. This agreement defines the obligations and responsibilities of the cities for these services in exchange for funding from Pinellas County for a five-year period effective October 1, 2021, expiring midnight on September 30, 2026, which may be renewed for an additional five-year period following the initial term, provided both parties mutually agree and approve prior to July 1, 2026. In order to provide specialized rescue services (technical rescues) to include, but not be limited to, confined space, high angle/advanced rope, trench and excavation, water, wilderness, structural collapse, complex vehicles, and machinery extrication to the residents of Pinellas County, it is essential to continue to develop the capability, expertise, and resources to handle situations where such rescues could occur. Each participating agency will be reimbursed by Pinellas County for up to $123,145 in overtime and backfill staffing costs for personnel to attend training, pay up to $75.00 per hour for any overtime or back fill costs for TRT Training Instructors to teach, and up to $10,000 for the travel and training related expenses each year. APPROPRIATION CODE AND AMOUNT: NA USE OF RESERVE FUNDS: NA Page 1 City of Clearwater Printed on 10/6/2021 2021 PINELLAS COUNTY TECHNICAL RESCUE TEAM AGREEMENT CITY OF CLEARWATER October 1, 2021 PINELLAS COUNTY EMS & FIRE ADMINISTRATION 12490 Ulmerton Road Largo, FL 33774 Technical Rescue Team Agreement Page 2 PINELLAS COUNTY TECHNICAL RESCUE TEAM AGREEMENT THIS INTERLOCAL AGREEMENT (“Agreement”) is entered into this ____ day of ___________, 2021, by and between the City of Clearwater, a Florida municipal corporation, Contractor(“Contractor”) and the Pinellas County Board of County Commissioners (“County”) (“individually, “Party”, collectively, “Parties”). RECITALS WHEREAS, the Cities of Clearwater, Largo, Pinellas Park, St. Petersburg and the County established the Pinellas County Technical Rescue Team (“TRT”) and desire to continue the collaboration to respond to emergency incidents that involve complex rescue situations within Pinellas County WHEREAS, it is essential to maintain preparedness, training, expertise, equipment and resources to maintain an effective capability to respond to emergency incidents involving complex rescue situations and provide specialized Technical Rescue. NOW THEREFORE, in consideration of the mutual covenants expressed herein, and for other good and valuable consideration, receipt of which is hereby acknowledged, the Parties agree as follows: ARTICLE I THE AGREEMENT SECTION 101. RECITALS AND PURPOSE. The foregoing recitals are hereby incorporated and made part of this Agreement. The purpose of this Agreement is to define the obligations and responsibilities of the Parties hereto with respect to the funding and the provision of Technical Rescue in Pinellas County. SECTION 102. COOPERATION. The Parties shall cooperate and use all reasonable efforts, pursuant to the terms of this Agreement, to facilitate the terms of this Agreement. Accordingly, the Parties further agree in good faith to mutually undertake Technical Rescue Team Agreement Page 3 resolution of disputes, if any, in an equitable and timely manner so as to limit the need for costly, time-consuming, adversarial proceedings to resolve such disputes. SECTION 103. CONTRACT DOCUMENTS. The following Appendices are attached to and made part of this Agreement: Appendix A. Technical Rescue Vehicles, Equipment and Supplies Appendix B. Provider Agencies Contacts Appendix C. Technical Rescue Standard Operating Procedures (“SOPs”) Manual SECTION 104. SCOPE OF SERVICES. In exchange for funding from the County as outlined herein, the services to be performed by Contractor under this Agreement include the following: (a) Make available one technical rescue support company comprised of Contractor's personnel who are trained as technical rescue team members and are on duty to respond to any upgraded technical rescue incident in an appropriate technical rescue unit. (b) Rescue of patients during an incident for the best possible outcome in order to protect the health, safety and improving the quality of life of the community by providing Technical Rescue as per the SOP. Such services shall be provided in accordance with the terms and conditions of this Agreement. The specific terms and conditions of this Agreement shall govern and prevail over this Section 104 other than payment provisions by the County. ARTICLE II DEFINITIONS SECTION 201. WORDS AND TERMS. Unless the context otherwise requires, capitalized terms used herein shall have the following meanings ascribed to them: “Advanced Practice Paramedic” or “APP” means a certified paramedic who, through additional training and demonstration of expertise, is authorized by the EMS Medical Director to perform specific diagnostic and/or therapeutic modalities beyond the usual scope of practice of a certified paramedic. The APP’s expanded Technical Rescue Team Agreement Page 4 scope of practice applies only during the operation of, and in support of, the specific special operations team to which they are trained and certified. “Automatic Aid/Closest Unit Response Agreement” means the agreement by and between every political subdivision and fire control district within Pinellas County dated October 16, 1990. “CAD” means the computer aided dispatch system. “Continuing Education” means (1) the minimum required continuing technical rescue education required for Technical Rescue Technicians to maintain their certification in specific areas of technical competence within the State of Florida; and (2) the 8- hour bi-monthly training class which totals forty-eight (48) hours of training annually. Each bi-monthly training is provided three times to accommodate shift- based Field Personnel. “County” means Pinellas County, Florida, a political subdivision of the State of Florida. “Disaster” means an occurrence of a severity and magnitude that normally results in death, injuries and/or property damage and that cannot be managed through routine procedures and resources of the EMS System. “EMS System” means the network of organizations and individuals, including, but not limited to the authority, ambulance contractor, the Contractor, the EMS Advisory Council, the Medical Control Board and the Medical Director, established to provide emergency medical services in Pinellas County. “Field Personnel” means Technical Rescue Technicians, “operations level” and “awareness level” technicians, paramedics and emergency medical technicians employed by the Contractor or Provider Agencies. “Fiscal Year” means the year commencing on October 1st of any given year and ending on September 30th of the immediately succeeding year. “Florida Urban Search and Rescue Specialist” or “FLUSAR Specialist” means any member who is a Technical Rescue Technician and has additional training to include a one hundred twenty (120) hour structural collapse course and an eighty (80) hour vehicle and machinery extrication course. A sub-set of members shall attend a forty (40) hour swift water technician course. “Party” or “Parties” means either the County or the Contractor, or all, as the context of the usage of such term may require. Technical Rescue Team Agreement Page 5 “Patient” means an individual who is ill, sick, injured, wounded or otherwise incapacitated and is in need of or is at risk of needing medical care. “Pinellas County Technical Rescue Team” or “TRT” means the unified response team of Field Personnel that have the capability and expertise to respond to emergency incidents which require Technical Rescue. “Provider Agencies” means the Cities of Clearwater, Largo, Pinellas Park and St. Petersburg. “Regional 9-1-1 Center” means the communications center and related telephone, radio and data systems operated and maintained by Pinellas County as the countywide public safety answering point for the purpose of receiving 9-1-1 calls from citizens; providing emergency dispatch of all Fire Rescue and EMS System resources including the Technical Rescue Team; and providing for the ongoing communications via radio and wireless data systems. “Run Cards” means the Regional 9-1-1 Center’s computer aided dispatch software database that, based upon the location of the technical rescue incident and a predetermined listing of Technical Rescue units which the Contractor has determined to be the closest by travel time or most appropriate in ranked order or successor methods (i.e. GPS). “Safe Useful Life” means the period during which a vehicle is expected to be useable for the purpose for which it was acquired. With respect to tractor trailer combination, fifteen (15) years front line, five (5) years reserve; with respect to medium/heavy duty chassis and all other vehicles, ten (10) years front line, five (5) years reserve. “State” means the State of Florida. “State of Emergency” means a Disaster which has been declared by proclamation of the State, County, or a municipality in the County, to be of such severity as to warrant institution of special legal conditions authorized by Chapter 252, Florida Statutes. “Technical Rescue” means the services needed for emergency incidents, industrial accidents and natural and man-made disasters involving: search and rescue operations in damaged or collapsed structures; confined space rescue; trench and below grade rescue; high angle and advanced rope rescue; technical water rescue Technical Rescue Team Agreement Page 6 including swift water; wilderness search and rescue; large animal rescue; complex entrapment in machinery and vehicles; and the extrication, evacuation, and medical stabilization of victims. “Technical Rescue Standard Operating Procedures or (SOP)” means the then current established procedures to be followed in carrying out a given operation or in a given situation. Such procedures shall be developed by the Parties and may be amended only upon mutual agreement of the Parties. The current version is attached hereto as Appendix C. “Technical Rescue Technician” means any member of the TRT having successfully completed technician level training consisting of an eighty (80) hour high angle rope rescue class; a forty (40) hour confined space class; and a forty (40) hour trench rescue class. SECTION 202. TERMS GENERALLY. Whenever the context may require, any pronoun shall include corresponding masculine, feminine and neuter forms. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”, except as the context may otherwise require. The words “agree”, “agreement”, “approval” and “consent” shall be deemed to be followed by the phrase “which shall not be unreasonably withheld or unduly delayed”, except as the context may otherwise require. ARTICLE III INTENTIONALLY OMITTED ARTICLE IV DUTIES AND RESPONSIBILITIES OF CONTRACTOR SECTION 401. TRAINING AND CONTINUING EDUCATION. Contractor shall ensure its Field Personnel attend all required classes to attain and maintain the requirements to be a certified Technical Rescue Technician as soon as practicable in accordance with National Fire Protection Agency (NFPA) Standard 1006 and 1670 and the TRT SOP. Training will consist of classroom based and/or distance learning methods as determined by the Parties, in accordance with the TRT SOP. Technical Rescue Team Agreement Page 7 (a) Awareness level. New members assigned to the TRT will receive in house training, be classified as “awareness level” and will attend bimonthly training sessions. (b) Operations level. New members assigned to the TRT that have started but not completed all of the Technician level training courses will be classified as “operations level” and will attend the remaining Technician level training courses needed and bi- monthly training sessions necessary to achieve Technician level. (c) Technician level. Technician level training will consist of an eighty (80) hour high angle rope rescue class; a forty (40) hour confined space class; and a forty (40) hour trench rescue class. These classes will be held on an episodic basis over a two-year period. (d) FLUSAR Specialist level. FLUSAR Specialist level training will consist of Technical Rescue Technician training and the additional training to include a one hundred twenty (120) hour structural collapse class and an eighty (80) hour vehicle and machinery extrication class. A sub-set of members shall attend a forty (40) hour swift water technician class. (e) Field Personnel shall attend a minimum of thirty-two (32) hours of the regularly scheduled forty-eight (48) hours of Continuing Education (i.e. bi-monthly training.) (f) Command staff will select a sub-set of Field Personnel to attend additional training to include a one hundred twenty (120) hour structural collapse class; an eighty (80) hour vehicle and machinery extrication class; and a forty (40) hour swift water technician class. This class will be scheduled on an episodic basis when funding is available. (g) Medical training is addressed in 402(f). SECTION 402. PERSONNEL. (a) Response with Trained Personnel. Contractor shall ensure that the minimum level of Field Personnel are on duty to respond to any technical rescue related incident. Minimum staffing levels are as follows: Clearwater to provide five (5) personnel, Largo to provide two (2) personnel, Pinellas Park to provide two (2) personnel, and St. Petersburg to provide five (5) personnel. In the event of a long-term technical rescue incident, Contractor may call back its off-duty Field Personnel to assist. Technical Rescue Team Agreement Page 8 (b) Rights and Duties of TRT Personnel. Personnel assigned by a Contractor to the TRT, who are performing their duties pursuant to this Agreement outside of their jurisdiction, shall have the same powers, duties, rights, privileges, and immunities as if they were performing their duties in the jurisdiction in which they are normally employed, provided however, such powers are limited to, and are to be exercised by such personnel only while performing duties pursuant to this Agreement. (c) Training and Qualifications. All Field Personnel employed by a Contractor in the performance of work under this Agreement shall be trained and qualified at a level consistent with the standard established by the TRT SOP for Technical Rescue incidents and shall hold appropriate credentials in their respective Technical Rescue profession. Personnel whose education and training are not current shall not be permitted to participate in Technical Rescue responses as a Technical Rescue Technician. (d) Training Instructors. Contractor personnel that have met the training requirements and have been authorized by the TRT command staff may conduct Technical Rescue Technician courses and Continuing Education as designated TRT instructors. TRT Instructors shall be compensated in accordance with Section 701(b). Adjunct Instructors are TRT Instructors that have demonstrated proficiency in the technical rescue field and may instruct under the supervision of a lead instructor. Lead Instructors shall attain and then maintain State of Florida - Fire College Department of Insurance Continuing Education (FCDICE) credentials as an instructor for each topic or course that they teach. (e) Technical Rescue Command Staff. Each Contractor shall designate a company officer or staff level position as a Technical Rescue command staff member who will be responsible for: (1) Responding to Technical Rescue incidents and overseeing rescue operations in accordance with TRT SOP’s and in coordination with incident command. (2) Monitoring Contractor Field Personnel to ensure compliance with TRT SOP’s. (3) Monitoring Contractor Field Personnel to ensure they maintain an appropriate level Technical Rescue competence based on the required Technical Rescue Team Agreement Page 9 training, that training requirements are met, and that members provide services in a manner that is professional. (4) Attending and actively participating in technical rescue related meetings. (5) Participating in capital and operating budget development of the TRT, including identifying areas for improvement or gaps in team capability during the County’s annual budget process. (6) Coordinating with County administrative staff to manage contract compliance of the TRT. (7) Participating with the County on hazard vulnerability and risk assessments regarding Emergency Support Function (ESF) 9 issues upon request. (8) Providing an on-site command staff person to assist with the ESF-9 requirements in the Pinellas County Emergency Operations Center (EOC) upon EOC activation upon request. This may be one TRT command staff member to represent TRT at the EOC. (9) TRT team members from each Contractor shall be designated for logistics and medical liaison positions to support TRT operations. The logistics position will be utilized to maintain existing equipment and supplies; research new equipment and supplies as needed; and work with County staff. The medical position will be responsible for working with the EMS Medical Director and County staff to coordinate Advanced Practice Paramedic protocols and continuing medical education. Such personnel shall be compensated for work performed in addition to their normal work schedule utilizing training funds in accordance with Section 701(a). (f) Advanced Practice Paramedics. An APP at a technical rescue incident involving the response of a special operations team shall have clinical oversight and authority. APPs on the TRT are required to attend and/or obtain the below requirements. Requirements for County Certified Advanced Practice Paramedics (1) Current Pinellas County certified paramedic in good standing; (2) Submission of a request to obtain Advanced Practice Paramedic certification; (3) Minimum of three (3) years paramedic experience or equivalent approved by the EMS Medical Director; and Technical Rescue Team Agreement Page 10 (4) Completion of the Urban Search and Rescue (USAR) Medical Specialist Course. SECTION 403. STATE OF EMERGENCY ASSISTANCE, TECHNICAL RESCUE EMERGENCY AND MUTUAL AID. (a) State of Emergency Assistance Within Pinellas County. Immediately upon notification by the County of a State of Emergency within Pinellas County, Contractor shall commit such resources given the nature of the State of Emergency and shall assist in accordance with applicable plans and protocols mutually agreed upon by the Parties. When a Contractor ceases providing assistance with the State of Emergency, that Contractor shall resume normal operations as rapidly as is practical and notify the County’s authorized representative that the Contractor is able to resume normal operations considering exhaustion of personnel, need for restocking and other relevant considerations. (b) State of Emergency Assistance Outside of Pinellas County. Contractor shall manage any State of Emergency assistance or mutual aid response outside of Pinellas County in a manner which does not prevent Contractor(s) from rendering services in accordance with this Agreement. SECTION 404. AUTOMATIC AID/CLOSEST UNIT RESPONSE. Upon notification by the Regional 9-1-1 Center of a technical rescue incident, each Contractor shall provide Technical Rescue in accordance with the Automatic Aid/Closest Unit Response Agreement. The technical rescue unit which is predetermined to be the closest to the emergency scene, by the Run Cards, shall be dispatched without regard to district or jurisdictional boundaries. In the event that the Automatic Aid/Closest Unit Response Agreement is terminated, Contractor shall provide Technical Rescue in accordance with the then current Run Cards for all technical rescue incidents. Contractor's authorized representative will periodically, or at the request of the County, update their Run Cards to ensure their accuracy and coordinate any changes with any other affected Contractor. SECTION 405. TECHNICAL RESCUE SUPPLIES AND INVENTORY CONTROL. Contractor and County shall establish and implement inventory control procedures for the stocking and use of technical rescue supplies. Contractor shall maintain inventory Technical Rescue Team Agreement Page 11 records that identify all technical rescue unit supplies and will keep supplies under lock so that access is limited to only authorized personnel. Contractor shall utilize the County’s vehicle, equipment and supply inspection and inventory software system and adhere to inventory control procedures that the County may require. SECTION 406. UTILIZATION OF REGIONAL 9-1-1 CENTER. The Contractor shall utilize the Regional 9-1-1 Center for the dispatch of all Technical Rescue units to technical rescue incidents. Contractor shall utilize the Regional 9-1-1 Center’s radio and data systems to include, but not limited to, computer aided dispatch (CAD) software, mobile communications terminal software, and the County’s public safety and intergovernmental voice and data radio system. Contractor shall provide and maintain all fire station alerting systems, base stations, pagers, fire station computers and peripherals, all mobile and portable radios except as provided in Section 503, and mobile communications terminals and radio modems to communicate with the Regional 9-1-1 Center’s radio and data system following the County’s technical specifications. County shall provide and maintain, at no cost to the Contractor, all necessary broadband networking from Fire Stations to the Regional 9-1-1 Center’s data system. County shall provide a mutually agreed upon appropriate planning phase, cost analysis, changes in the County’s technical specifications, and implementation plan for any future upgrades or system changes. SECTION 407. CERTIFICATION. Contractor shall maintain records of their personnel’s certifications. County shall be responsible for payment of any fees associated with successfully completed technical rescue certification and/or re- certification using funds provided under this Agreement. SECTION 408. ACCURATE INFORMATION. Any news releases, statements, or public information given by the Contractor or County personnel to the public or the media that pertain to the TRT shall accurately portray the Pinellas County Technical Rescue Team. Technical Rescue Team Agreement Page 12 ARTICLE V DUTIES AND RESPONSIBILITIES OF COUNTY SECTION 501. VEHICLES AND EQUIPMENT. (a) Obligation to Provide Vehicles. At all times during the term of this Agreement, County shall provide/fund the technical rescue vehicles described on Appendix A. Vehicle specification and selection shall be “mission capable” depending on the type of incident. (b) Maintenance of Vehicles and Fuel. County shall be responsible for the maintenance and repair of County owned technical rescue vehicles and for furnishing maintenance, equipment, supplies, repairs, spare parts, replacement vehicles and fuel. County shall maintain records of maintenance and fuel in order to document that technical rescue vehicles are maintained and used in accordance with this Agreement. The Contractor will use its best efforts to keep County vehicles secure in a covered facility. (c) Staffing of Vehicles. Contractor shall ensure that at least one technical rescue support company comprised of the Contractor's personnel, as stated in 402(a), who are trained as Technical Rescue Technicians are on duty to respond to any upgraded technical rescue incidents in an appropriate technical rescue vehicle. (d) Equipment and Supplies. With the exception of equipment owned and maintained by a Contractor, County shall furnish and maintain all technical rescue equipment required to be provided by the County pursuant to Appendix A. Capital equipment purchases are subject to separately budgeted and approved County funding. County shall also be responsible for the cost of replacing utilized technical rescue supplies. (e) Technical Rescue Communications Equipment. County will provide mobile data terminal(s) (MDT) and mobile and portable radios upon approved funding. Contractor shall be responsible for the replacement of all technical rescue communications equipment that is lost, stolen or damaged due to that Contractor's negligence. County shall be responsible for all routine maintenance of such equipment. The County shall be responsible for the replacement of any technical rescue communications equipment that is lost, stolen or damaged due to a cause other than a Contractor's negligence. Technical Rescue Team Agreement Page 13 (f) Inspections. Contractor shall allow representatives of the County to inspect technical rescue vehicles and equipment during normal business hours upon reasonable notice. SECTION 502. CONTINUING TECHNICAL RESCUE EDUCATION. County shall provide and make available to the Contractor, at the County's cost, a Continuing Education training program. SECTION 503. TECHNICAL RESCUE COMMUNICATION EQUIPMENT. County has provided, or shall provide and maintain, as applicable, radios assigned to technical rescue vehicles as per Appendix A. The radio equipment shall be installed in the technical rescue vehicles by the County and remain County property. County shall be responsible for such equipment, as provided for in Section 501(e) hereof. County shall be responsible for replacing such equipment at the end of its reasonable useful life, as determined by the County. County shall ensure all frontline technical rescue vehicles are equipped with GPS enabled mobile communications terminals running mobile CAD software. SECTION 504. TECHNICAL RESCUE SUPPLIES. The County shall provide and replace, as necessary, without cost to the Contractor, the technical rescue supplies used by the Contractor on technical rescue incidents under this Agreement. The County shall coordinate delivery or pick up of all supplies as needed or as convenient. The County shall not be responsible for costs of replacing inventory items lost, stolen, damaged or unaccounted for due to a Contractor's negligence but the County shall be responsible for the costs of replacing inventory items lost, stolen damaged or unaccounted for due to a cause other than a Contractor's negligence. The County will work cooperatively with the Contractor to develop inventory controls and expiration tracking mechanisms. SECTION 505. TECHNICAL RESCUE EQUIPMENT AND MAINTENANCE. The County shall provide all equipment listed in Appendix A for technical rescue units including adequate spare equipment excluding equipment normally utilized for firefighting operations. Contractor agrees to continue using the current equipment on technical Technical Rescue Team Agreement Page 14 rescue units over its useful life which equipment will be maintained by the County and repaired or replaced at the County’s option. The County shall be responsible for replacing such equipment at the end of a reasonable useful life, as determined by the County. Contractor shall be responsible for any repairs that are necessary due to their own negligence. SECTION 506. HAZARDOUS WASTE COLLECTION. All hazardous waste or materials, other than bio-hazardous waste, from all technical rescue incidents remain the responsibility of the incident owner or the agency having jurisdiction. The County is in no way liable for any hazardous waste the Contractor collects during a technical rescue incident. Contractor shall follow applicable procedures for the collection of hazardous waste. Bio-hazardous waste will be handled in accordance with normal operating procedures for the EMS System. SECTION 507. SPECIAL OPERATIONS COORDINATOR. County will provide a special operations coordinator to the TRT. The coordinator shall be a command staff member and act as the liaison between the Parties. Duties of the coordinator will include, but are not limited to, supply and equipment procurement and/or repairs, budget preparation, inventory maintenance and controls, training coordination, invoice processing, keeping of meeting agendas and minutes, contract management, fleet management, liaison to state for specialty teams, grant management, asset management and representation on various regional committees. ARTICLE VI INSURANCE AND LIABILITY SECTION 601. MINIMUM INSURANCE REQUIREMENTS. Contractor shall be self- insured or shall pay for and maintain at least the following insurance coverage and limits as listed below. Insurance coverage and limits shall be evidenced by delivery to the County of: a certificate of insurance executed by the insurer(s) listing coverage and limits, expiration dates and terms of policies and all endorsements whether or not required by the County, and listing all carriers issuing said policies; and, a certified copy of each policy, including all endorsements. Where applicable, Contractor shall submit to County a letter from Contractor’s Risk Manager stating that Contractor is self-insured, or the Technical Rescue Team Agreement Page 15 amount of insurance per claim and per occurrence, any gap and the amount of excess insurance up to its coverage. Notwithstanding anything to the contrary contained in this Agreement, Contractor does not waive any immunity or limitation of liability it may have under the doctrine of sovereign immunity or Section 768.28 Florida Statutes. The following insurance requirements shall remain in effect throughout the term of this Agreement (unless Contractor is self-insured, in which case Contractor shall not be required to comply with the following insurance requirements): (a) Provide Workers’ compensation insurance as required by Florida Law. (b) Provide commercial general liability, employers’ liability and commercial vehicle liability insurance that reflects the limits of liability for governmental entities in accordance with Section 768.28(5), F.S., should the State Legislature change these limits, coverage consistent with the revised limits shall be obtained. (c) Professional Liability Insurance, including errors and omissions, with minimum limits of $1,000,000 per occurrence; if occurrence form is available; or claims made form with “tail coverage” extending three (3) years beyond the ending date of this Agreement. In lieu of “tail coverage” the Contractor may submit annually to the County a current certificate of insurance proving claims made insurance remains in force throughout the same three (3) year period. This coverage is subject to statutory and regulatory requirements of Federal, State or local law. (d) Personal and/or Bodily Injury including death and property damage liability Insurance with minimum limits of $1,000,000 Combined Single Limit insurance in excess of all primary coverage. SECTION 602. ADDITIONAL INSURANCE REQUIREMENTS. To the extent that Contractor maintains insurance policies rather than being self-insured, each insurance policy shall include the following conditions by endorsement to the policy: (a) Each policy shall require that forty-five (45) days prior to expiration, cancellation, non-renewal or any material change in coverage or limits, a notice thereof shall be given to County. Contractor shall also notify County within twenty-four (24) hours after receipt of any notices of expiration, cancellation, non-renewal or material changes in coverage received by said Contractor from its insurer. (b) Companies issuing the insurance policy, or policies, shall have no recourse Technical Rescue Team Agreement Page 16 against County for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of Contractor. (c) The County shall be endorsed to the required policy or policies as an additional insured, exclusive of professional liability insurance. The additional insured clause covers the actions of the Contractor while providing services under the terms of this Agreement. (d) The policy clause “Other Insurance” shall not apply to any insurance coverage currently held by the County, to any such future coverage, or to County’s Self- Insured Retention of whatever nature. SECTION 603. LIABILITY. Contractor and County agree to be fully responsible for their own acts of negligence or their respective agents’ acts of negligence when acting within the scope of their employment and agree to be liable for any damages resulting from said negligence. Nothing herein is intended to serve as a waiver of sovereign immunity or the limits of liability contained in Section 768.28, Florida Statutes, by the Contractor or County. Nothing herein shall be construed as consent by Contractor or County to be sued by third parties in any manner arising out of this Agreement. Contractor is not liable for the causes of action arising out of the negligence of the County, its employees or agents, or arising out of the negligence of any persons or entities contracted by, appointed by, or approved by the County to provide services related to this Agreement (including but not limited to other Contractors, the Ambulance Contractor, Medical Control Board and Medical Director). This Section 603 shall survive expiration or earlier termination of this Agreement. ARTICLE VII COMPENSATION AND OTHER FINANCIAL PROVISIONS SECTION 701. COMPENSATION. (a) Training funds. County will provide Contractor up to $123,145 in Fiscal Year 2021-2022 to pay the reimbursement of overtime or backfill costs for TRT members successfully completing initial training and/or attending Continuing Education as identified in Section 401 or logistics or medical support as identified in Section 402(e)(9). Each Fiscal Year the reimbursement cap will be the amount in the County’s adopted budget Technical Rescue Team Agreement Page 17 which shall not be less than the Fiscal Year 2021-2022 reimbursement amount. These funds may also be used for reimbursement of overtime or backfill costs for command staff personnel, which normally work a shift schedule, for the time spent on TRT duties performed outside of their normally scheduled shift. It is the Contractor's responsibility to submit reimbursement documentation within twenty (20) calendar days from the last date of training. Funds budgeted in any Fiscal Year will not be carried over to succeeding Fiscal Years. Contractor, at their sole discretion, will manage and prioritize the use of funds as provided in this section. The Contractor is responsible for any costs incurred above the reimbursement cap. (b) Training Instructors. County shall reimburse the Contractor for the actual cost of salary and benefits up to $75.00 per hour for any overtime or backfill costs for TRT Training Instructors to teach a training course or Continuing Education. Such instructor hours must be pre-authorized by the County. Such reimbursement is separate from the funds provided in Section 701(a) herein and is subject to the amount budgeted by the County each Fiscal Year. The County may utilize vendors or St. Petersburg College on an as needed basis. (c) Travel funds. The County shall provide up to $10,000 each Fiscal Year for all Provider Agencies combined, to reimburse Contractor for pre-authorized travel expenses for TRT members or command staff to attend training or professional conferences. a. Travel requests must be submitted forty-five (45) days in advance, in writing using County forms provided. b. Such travel requests may be approved by the County’s Director of EMS & Fire Administration, at his or her sole discretion, and subject to the availability of funds. c. Travel must be coordinated, booked, and paid for by the Contractor and be accomplished by the most economical means available. d. Travel expenses will be limited to lodging, air and ground transportation, and conference, training registration fees or any other pre-approved expense. Per diem/subsistence will not be paid by the County. Technical Rescue Team Agreement Page 18 e. Reimbursement of such costs will be made in arrears and upon presentation of successful completion of training or attendance and supporting invoices/receipts submitted within twenty (20) days of travel. SECTION 702. ADDITIONAL UNITS. Contractor-Funded. To ensure the integrity of the TRT and the coordinated implementation of any improvements, if a Contractor desires to operate additional technical rescue unit(s) as a Contractor funded unit, Contractor may elect to do so. Contractor is responsible for all costs associated with staffing, equipping and operating its own such Contractor funded units. SECTION 703. AUDITS AND INSPECTIONS. At any time during normal business hours, and as often as may reasonably be deemed necessary, representatives of the County may observe Contractor's operations or vice versa. Parties shall make available to the other Parties for their examination, its records with respect to all matters covered by this Agreement, and Parties may, at their own cost and expense, audit, examine, copy, and make excerpts or transcripts from such records, and may, and their own cost and expense, make audits of all contract, invoices, materials, payrolls, inventory records, records of personnel, daily logs, conditions of employment, and other data related to all matters covered by this Agreement to the extent permitted by law. Contractor shall make available to the Medical Director their records with respect to all clinical matters covered by this Agreement and the Medical Director may, at his/her own cost and expense, audit, examine, copy and make excerpts or transcripts from such records and inspections to the extent permitted by law. The Parties right to observe and inspect operations or records in the other Parties business office shall, however, be restricted to normal business hours, and reasonable notification shall be given the Parties in advance of any such visit. Records relating to contract activities shall be retained for a period of three (3) years from final payment in each year. All representatives of all Parties who observe operations or audit or examine the other Parties records shall conduct themselves in a polite manner; complete any training Technical Rescue Team Agreement Page 19 required by law; and not interfere with Parties employees’ duties. Audits and inspections shall be done to the extent permitted by law. SECTION 704. FISCAL NON-FUNDING. Notwithstanding any other provision of this Agreement to the contrary, in the event sufficient budgeted funds are not available for a new fiscal year, the County shall notify the Contractor in writing within five (5) days of the determination of such occurrence and this Agreement shall terminate on the last day of current fiscal year without penalty or expense to the County. SECTION 705. NOT TO EXCEED CAP. Any and all compensation, payment, or reimbursement of any kind to the Contractor provided for in this Agreement in any Fiscal Year shall not exceed the specific amount of the approved budget adopted through the County’s governing body’s budgetary process for services or reimbursement to the Contractor provided under this Agreement for such Fiscal Year. It is recognized by the Parties that no payment may be compelled or made without a budget amendment approved by the County for any compensation that exceeds the total compensation authorized through the County approved budget. The Parties recognize that in the event of a Disaster, it may be necessary for the County’s governing body to utilize the emergency powers of Chapter 252, Florida Statutes, to authorize a budget amendment modifying such approved budget to provide funds for compensation or reimbursements necessitated by such emergency expenditures. It is further agreed and understood among the Parties that the County may not compel the Contractor to incur expenses beyond the County’s approved budget amount until such time as a budget amendment raising such budget is approved. ARTICLE VIII TERM AND TERMINATION SECTION 801. TERM. The initial term of this Agreement shall be for five (5) years, commencing upon October 1, 2021 and ending at midnight September 30, 2026, unless this Agreement is earlier terminated as provided for in this Agreement. This Agreement may be renewed for an additional five (5) year period following the initial term, provided that the Parties mutually agree in writing to such renewal which is subject to County and Technical Rescue Team Agreement Page 20 Contractor's approval prior to July 1, 2026. References in this Agreement to “Term” shall include the initial term of this Agreement and all renewals thereof. The effective date of this Agreement for reimbursement purposes shall be October 1, 2021. SECTION 802. TERMINATION. (a) By County for Cause. This Agreement may be terminated by the County for cause upon twenty (20) days written notice to the Contractor in breach. For purposes of this section 802(a), “cause” shall mean a material breach by a Contractor of any term, covenant or warranty contained in this Agreement; provided, however, that in the case of a breach of any term, covenant or warranty, the County shall provide written notice of such breach and the Contractor shall have the opportunity to cure such breach within twenty (20) days of receipt of such notice or within such additional period of time mutually agreed upon by the Parties. (b) By Contractor for Cause. This Agreement may be terminated by Contractor for cause upon twenty (20) days written notice to the County. For purposes of this section 802(b), “cause” shall mean a material breach by the County of any term, covenant or warranty contained in this Agreement; provided, however, that in the case of a breach of any term, covenant or warranty, Contractor shall provide written notice of such breach and the County shall have the opportunity to cure such breach within twenty (20) days of receipt of such notice, or, within such additional period of time mutually agreed upon by the Parties. (c) By County or Contractor Without Cause. This Agreement may be terminated without cause by the Contractor or the County upon six (6) months written notice to the other Parties. SECTION 803. DISPOSITION OF ASSETS. (a) Assets Paid For By County. Upon termination of this Agreement, Contractor shall return to County, for the use and benefit of the taxpayers, all assets purchased with funds provided to Contractor under this Agreement for the services provided under this Agreement with the County. County will assume any obligation on such assets which was incurred in accordance with the terms of this Agreement. Technical Rescue Team Agreement Page 21 (b) Assets Paid For By Contractor. Any assets which were purchased solely with funds other than those provided by County to a Contractor under this or any preceding Agreement shall remain the property of the Contractor. (c) Assets Paid For By Both Contractor and County. In case of any asset purchased with funds of both the Contractor and the County, Contractor and County shall determine the fair market value of such asset and then shall pro-rate such fair market value according to the respective interest of the Contractor and the County. In the event Contractor desire to retain said asset, Contractor shall pay to County an amount equal to County's interest in said asset. In the event that County desires to retain said asset, County shall pay to Contractor an amount equal to Contractor's interest in said asset. If neither the Contractor nor the County desire to retain said asset, then the asset will be sold at public sale to the highest bidder and the net proceeds distributed according to the respective interest of the Contractor and the County. (d) Date to Return Assets. The return of any assets and/or funds in lieu of assets as described in this Section 803 above, shall be executed and completed upon the effective date of termination as specified in the termination notice. SECTION 804. RESOLUTION OF DISPUTES. To the extent that Contractor and County cannot, after good faith attempt, resolve any controversy or dispute that may have arisen under this Agreement or Section 701, Contractor and County shall appoint an ad- hoc committee consisting of one representative from the County, one representative from the Contractor and one mutually agreed upon representative from the Pinellas County Fire Chiefs Association, to facilitate a timely and effective resolution. The ad-hoc committee shall meet as often as necessary under the circumstances in an attempt to resolve the controversy or dispute. The committee shall review each Party’s submittal of its interpretation of the Agreement and may request additional information as necessary. The committee shall complete its review within sixty (60) days of the date that the committee is notified of the controversy or dispute (unless the Parties mutually agree to extend this period of time) and submit any recommendation to the Pinellas County Administrator and Contractor. All recommendations and other actions of the committee shall be non-binding. After the committee has submitted its recommendation to the Pinellas County Administrator and Contractor, either Party may thereafter request to refer Technical Rescue Team Agreement Page 22 the matter to non-binding mediation in the State of Florida. If the Parties do not agree upon a representative for the committee, if either Party chooses not to engage in mediation or if the Parties engage in mediation but mediation fails to resolve the dispute, either Party may pursue its legal remedies, including, but not limited to, filing a complaint (including but not limited to a complaint for injunctive relief) in the appropriate court possessing competent jurisdiction. ARTICLE IX MISCELLANEOUS SECTION 901. NON-DISCRIMINATION IN EMPLOYMENT. The Contractor will not discriminate against any applicant for employment because of age, race, color, religion, sex, sexual orientation or national origin. Contractor agrees that applicants will be employed, and that employees are treated during employment, (e.g. layoff or termination, promotion, demotion, transfer, rates of pay and compensation, and selection for training, including apprenticeship), without regard to age, race, color, religion, sex, sexual orientation or national origin. SECTION 902. NOTICES. All notices, consents and agreements required or permitted by this Agreement shall be in writing, and, as applicable, shall be transmitted by registered or certified mail, return receipt requested, with notice deemed to be given upon receipt; postage prepaid, and shall be addressed as follows: If to County: Director, Pinellas County EMS & Fire Administration 12490 Ulmerton Road – Suite 134 Largo, Florida 33774 If to Contractor: See Appendix B SECTION 903. ENTIRE AND COMPLETE AGREEMENT. This Agreement, as amended, and all Appendices hereto, constitute the entire and complete agreement of the Parties with respect to the services to be provided hereunder. This Agreement, unless provided herein to the contrary, may be modified only by written agreement duly executed by the Parties with the same formality as this Agreement. Technical Rescue Team Agreement Page 23 SECTION 904. OTHER DOCUMENTS. Each Party agrees to execute and deliver any instruments and to perform any acts that may be necessary or reasonably requested in order to give full effect to this Agreement. SECTION 905. APPLICABLE LAW. Florida Law shall govern the validity, interpretation, construction and performance of this Agreement. SECTION 906. WAIVER. Unless otherwise specifically provided by the terms of this Agreement, no delay or failure to exercise a right resulting from any breach of this Agreement shall impair such right or shall be construed to be a waiver thereof, but such may be exercised from time to time and as often as may be deemed necessary. Any waiver shall be in writing and signed by the Party granting such waiver. If any representation, warranty or covenant contained in this Agreement is breached by either Party and thereafter waived by the other Party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other breach under this Agreement. SECTION 907. SEVERABILITY. In the event that any provision of this Agreement shall, for any reason, be determined to be invalid, illegal, or unenforceable in any respect, the Parties hereto shall negotiate in good faith and agree to such amendments, modifications, or supplements of or to this Agreement or such other appropriate actions as shall, to the maximum extent practicable in light of such determination, implement and give effect to the intentions of the Parties as reflected herein. SECTION 908. CONTRACTOR IS AN INDEPENDENT CONTRACTOR. The Parties agree that throughout the term of this Agreement, and during the performance of any obligations hereunder, Contractor is an independent Contractor in all respects and shall not be the agent, servant, officer, or employee of Pinellas County. SECTION 909. NO THIRD-PARTY BENEFICIARIES, ASSIGNMENT. This Agreement is not intended, nor shall it be construed, to inure to the benefit of any third person or entity not a party hereto, and no right, duty or obligation of the Contractor under Technical Rescue Team Agreement Page 24 this Agreement, shall be assigned to any person, private association or corporation, not- for-profit corporation, or public body without the prior written consent of the County. SECTION 910. HEADINGS. Captions and headings in this Agreement are for ease of reference and do not constitute a part of this Agreement. SECTION 911. COUNTERPARTS. This Agreement may be executed in more than one counterpart, each of which shall be deemed an original. [Signature Page to Follow] Technical Rescue Team Agreement Page 25 IN WITNESS WHEREOF the parties hereto, by and through their undersigned authorized officers have caused this Agreement to be executed on this __________day of _________________, 2021. ATTEST: PINELLAS COUNTY, KENNETH BURKE, CLERK by and through its governing body, the Board of County Commissioners by: ___________________________ by: ________________________________ Deputy Clerk Chairman Countersigned: CITY OF CLEARWATER, FLORIDA by: __________________________ by: ____________________________ Frank Hibbard Mayor Micah Maxwell Assistant City Manager Approved as to Form: Attest: by: ____________________________ by: __________________________ Matthew SmithAssistant City Attorney Rosemarie Call City Clerk Technical Rescue Team Agreement Page 26 APPENDIX A TECHNICAL RESCUE VEHICLES, EQUIPMENT AND SUPPLIES VEHICLES Vehicle Description Unit Id 2021 Ward Medium Duty Rescue Unit TE14 2018 Pierce Heavy Duty Rescue Unit TE34 2016 International Tractor / 2018 Hackney Trailer TE42 2019 Pierce Heavy Rescue Unit TE48 2021 Equipment Trailer – Shoring/Hydraulic Equipment TE4 2015 Equipment Trailer – Shoring TRL48 2010 Equipment Trailer – Animal Rescue TRL34 2010 Equipment Trailer – Deployment N/A 2007 Ford F450 Utility Vehicle U4 Technical Rescue Team Agreement Page 27 EQUIPMENT 800 MHz Mobile Radio per unit 800 MHz Portable Radios x4 per unit Air Bag System Air Carts and Tanks Air Powered Tools – Hammer Chisel/Drill/Jack Hammer Animal Rescue System – Rescue Glide Confined Space Communications System Digital Camera Hasty Search Kit Inflatable Boat/Motor Jon Boat/Motor Magnetote Cutting Torch System Mobile Data Terminal – Rugged Laptop Mud Pump Multi-RAE Calibration Cradle Multi-RAE Gas Detection Monitors Oxy-acetylene Torch Rescue 1 Platform Boat/Motor/Trailer Saw - Masonry SCBA Packs and Bottles SCBA SKA Pak Plus Search Camera System Shoring Equipment Shoring System – Bi Pod Shoring System - Flying Raker SKA Pak Plus SKED Evacuation Tripod SKED Litter Thermal Camera Vacuum Truck Hose System Winch Technical Rescue Team Agreement Page 28 EQUIPMENT AND SUPPLIES Pinellas County will provide supplies to outfit the following caches. The caches will be developed with minimum inventory levels and a replacement schedule to support technical rescue responses with the appropriate equipment. Confined Space: To include escape packs, lighting, communications equipment, and air supply equipment. Vehicle Machinery and Equipment: To include anchor shackles, cutting blades, digital and thermal cameras, drill bits, dust masks, canopy, hoists, heavy rigging equipment, nails, marking paint, air tool oil, angle grinder blades, and cutting equipment. Personal Protective Equipment (PPE) (Individual Issue): To include boots, extrication gloves, gear bags, goggles, SCBA masks, half face respirators, helmets, headlamps, rope gloves, t-shirts, and pants. Personal Protective Equipment (PPE) (Unit Issue): To include P100 cartridge filters, Class III Harnesses, hearing protection, elbow & knee pads, safety vests, and safety glasses. Rope Rescue Equipment: To include ascenders, descenders, edge protectors, pulleys, carabiners, webbing, ropes, harnesses, minding pulleys, rescue racks, gear bags, prusiks, anchor straps and pick off straps, stokes basket, and stretcher harnesses. Shoring: To include struts, screw jacks, brace equipment, pneumatic tools, drills, nails, wood, screws and cutting equipment. Structural collapse: To include hydraulic equipment to include spreaders/rams/cutters, portable generators, core drills, listening devices, anchor shackles, anchoring systems, cutting blades, digital and thermal cameras, drill bits, dust masks, canopy, hoists, nails, concrete anchors, marking paint, air tool oil, angle grinder blades, wood, welding tips and cutting blades. Swiftwater Personal Protective Equipment (PPE) (Unit Issue): To include extrication leash, flashlights, flippers, gear bag, knife, personal floatation device, strobes, wetsuits and dry suits, and whistle. Swiftwater Personal Protective Equipment (PPE) (Individual Issue for Swiftwater Trained Personnel): To include boots, gloves, helmet, and masks. Team Identification: To include team pins, team patch, vehicle and helmet stickers. Trench: To include struts, trench boards, air bags, dewatering equipment, cribbing, plywood and lumber. Technical Rescue Team Agreement Page 29 APPENDIX B PROVIDER AGENCY CONTACTS City of Clearwater 1140 Court Street Clearwater, FL 33756 Attn: Fire Chief City of Largo P.O. Box 296 Largo, FL 33779 Attn: Fire Chief Attn: City Attorney (additional required copy) City of Pinellas Park 11350 43rd Street North Clearwater, FL 33762 Attn: Fire Chief City of St. Petersburg 400 Dr. Martin Luther King, Jr. Street South St. Petersburg, FL 33701 Attn: Fire Chief Technical Rescue Team Agreement Page 30 APPENDIX C PINELLAS COUNTY TECHNICAL RESCUE TEAM STANDARD OPERATING PROCEDURES MANUAL Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9742 Agenda Date: 10/7/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Library Agenda Number: 7.5 SUBJECT/RECOMMENDATION: Approve purchase orders to multiple vendors for the acquisition of library books and materials in the cumulative not-to-exceed amount of $487,000.00 for the term October 1, 2021 through September 30, 2022, pursuant to Clearwater Code of Ordinances Section 2.563 (1)(d) - Piggyback and cooperative purchases and Section 2.563 (1)(I) - Copyrighted materials, and authorize the appropriate officials to execute same. (consent) SUMMARY: Clearwater Public Library System is requesting authorization to purchase library books and materials utilizing competitively awarded piggyback and cooperative contracts. Piggyback Contract #2017-71500-01: MALIA Books & Publication Contract Commonwealth of VA valid through June 30, 2022. Commonwealth of Virginia anticipates a rebid in June 2022 however, if award is delayed, staff would utilize Code Section 2.563(1)(l) Copyrighted materials from service provider to the book publishers. ·Baker and Taylor, LLC: $165,000.00 ·Ingram Library Services, LLC: $150,000.00 Pinellas Public Library Cooperative Agreement: 10/01/2018-09/30/2023 ·Pinellas Public Library Cooperative: $172,000.00 APPROPRIATION CODE AND AMOUNT: Appropriation Code: 00101731-564400, Books and Publications Amount: $487,000 Page 1 City of Clearwater Printed on 10/6/2021 1 Library lnterlocal Agreement THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into by and between the undersigned Governmental Units as set forth on the signature pages attached hereto ("Parties"), for the participation in a cooperative library service for Pinellas County (the "Cooperative"). RECITALS: WHEREAS, Pinellas County and various municipalities entered into an Interlocal Agreement providing for the establishment of the Cooperative dated the 10th day of January 1989, which was subsequently amended and extended, and which was superseded by an Interlocal Agreement entered into on the 10th day of September 2001, which expired on September 30, 2013; and which was superseded by an Interlocal Agreement entered into on the 1st day of October, 2013, which expired on September 30, 2018; and which was superseded by an Interlocal Agreement entered into on the 1st day of October 2018, which expires on September 30, 2023; and WHEREAS, it is in the public interest to provide a free public library service for the use of the permanent residents of Pinellas County ("County"); and WHEREAS, this Agreement is authorized by Section 163.01 of the Florida Interlocal Cooperation Act of 1969, which was promulgated to permit local governmental units to make the most effective use of their powers by enabling them to cooperate with other governmental units thereby providing services and facilities in a manner and pursuant to forms of governmental organization that will include geographic, economic, population, and other factors influencing the needs and development of local communities; and WHEREAS, any public agency of this state may exercise jointly with any other public agency of this state any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, the Parties to this Agreement have determined that in order to most effectively utilize their separate powers, a cooperative effort in the form of an Interlocal Agreement is needed; and WHEREAS, Sections 257.12 through 257.25, Florida Statutes (“Free Library Service” verified 2017), provide state funds to assist in the furnishing of library services. NOW THEREFORE, in consideration of the mutual benefits and in consideration of the covenants and agreements set forth herein, the Parties hereto agree as follows: 2 I. PURPOSE; EXECUTION; EFFECTIVE DATE; TERM OF AGREEMENT A. Purpose: The purpose and intent of this Agreement is to continue to operate the Cooperative to extend library services to the unincorporated areas of the County and to municipalities that do not have such services as of the effective date of this Agreement, and to improve library services to residents of municipalities and Municipal Services Taxing Units with Libraries as of the date of this Agreement. The primary functions of the Cooperative are as follows: 1. To receive and disburse funds from federal, state, and local sources. 2. To maintain a shared library automation system serving Member Libraries. 3. To maintain a shared materials delivery system serving Member Libraries. 4. Where agreed by individual Member Libraries for the most efficient use of fiscal resources, to assist Member Libraries in the collective purchase of library resources and services. B. Execution; Effective Date This Interlocal Agreement may be signed in counterparts by the Parties hereto. This Agreement shall become effective on October 1, 2018. C. Term of Agreement: This Agreement will be in force for a period of five (5) years, ending September 30, 2023. The Agreement may be renewed for an additional period of five (5) years to September 30, 2028 with the mutual consent of the Parties. II. DEFINITIONS: A. Articles of Incorporation: "Articles of Incorporation” as used in this Agreement refer to the Articles of Incorporation of the Pinellas Public Library Cooperative, Inc., (PPLC) approved by the signatories to the 1989 Interlocal Agreement establishing the Cooperative and executed and filed with the Secretary of State pursuant to Chapter 617, Florida Statutes (1987), as may be amended. B. Board: "Board" as used in this Agreement refers to the Board of Directors of the Pinellas Public Library Cooperative, Inc. C. Board of County Commissioners: "Board of County Commissioners" as used in this Agreement refers to the Pinellas County Board of County Commissioners and may be delineated as "BCC”. 3 D. By-Laws: “By-Laws” as used in this Agreement refer to the By-Laws of the Pinellas Public Library Cooperative, Inc., approved by the signatories to the 1989 Interlocal Agreement establishing the Cooperative, as may be amended by the Board as needed. E. Cooperative: "Cooperative" as used in this Agreement refers to the Pinellas Public Library Cooperative, Inc. and may be delineated as "PPLC”. F. County: “County” as used in this Agreement refers to Pinellas County, a political subdivision of the State of Florida. The County as used in this Agreement is a Party to this Agreement but is not a Member of the Cooperative. G. Disbursement Formula: “Disbursement Formula” as used in this Agreement refers to the formula according to which disbursements to Members with Libraries shall be made pursuant to this Agreement. The Disbursement Formula is attached hereto and incorporated herein as Exhibit “B”. H. Governmental Unit: "Governmental Unit" as used in this Agreement refers to municipalities; Municipal Services Taxing Units (MSTU) with Libraries; a municipal consortium offering library services; and the County. Governmental Units which are parties to this Agreement are included within the definition of Governmental Unit and may also be delineated as "Members" of the Cooperative. I. Library: "Library" as used in this Agreement refers to the public Libraries and Library systems operated by Members. To qualify as a " Library" for purposes of this Agreement, the Library must be approved by the Board, which shall determine if the Library meets the basic standards set forth in the Policy on Admission, a copy of which is attached hereto and incorporated herein as Exhibit “A.” J. Library MSTU "Library MSTU” shall mean the Pinellas County Library Services District municipal services taxing unit as established by Ordinance 1989-5, and codified at Pinellas County Code Section 78-2; and excludes any individual MSTU for library services subsequently established. K. Local Support: "Local Support" as used in this Agreement refers to the dollar amount of funds expended for allowable costs by each Member with a Library during the fiscal year for library operations. Funds received from the County for the support of a Library that exists wholly in the unincorporated area of Pinellas County (Library MSTU), excluding all monies received by such 4 Libraries from the Cooperative, shall be considered as additional local support for the Member Library for purposes of the application of the disbursement formula. Local Support shall be determined by adding the expenditures for Personnel Services (State of Florida Uniform Accounting System Manual for Florida Local Governments, Object Code 10), Operating Expenditures/Expenses (Object Code 30), and “Books, Publications, Subscriptions, and Memberships” (State of Florida Uniform Chart of Accounts Object Code 60, Sub-Object Code 66). All other expenditures not specifically listed above shall not be tabulated when determining the Local Support. L. Member: "Member" as used in this Agreement refers to a Governmental Unit which is a Party to this Agreement and which forms part of the Cooperative either as a Member with a Library or as a Member without a Library. M. MSTU: “Municipal Services Taxing Unit” as used in this agreement refers to unincorporated Pinellas County. The Pinellas County Board of County Commissioners serves as the local government for the MSTU. A portion of the County budget (MSTU) is paid by residents of the unincorporated area and is devoted to providing municipal services, such as public library services. N. Reciprocal Borrower: “Reciprocal Borrower” is a cardholder from cooperating Libraries which have reciprocal borrowing agreements with PPLC. N. Year: "Year" as used in this Agreement, unless otherwise indicated, means the fiscal year from October 1 to September 30. The fiscal year of the Cooperative shall run from October 1 to September 30. III. GOVERNING STRUCTURE OF THE COOPERATIVE: A. Corporate Structure: The Cooperative is a private non-profit organization incorporated under the Florida Not- For-Profit Corporation Act, Chapter 617, Florida Statutes (2000). Additional Members may be admitted in the manner specified in the Articles of Incorporation or the By-laws. B. Board of Directors: 1. Membership. Each Board member represents the interests of all Parties, including the County, the Cooperative, Members with and without Libraries, and patrons. Each Board member can envision the future of countywide library services. The Board of Directors shall consist of nine (9) voting members who shall be selected and appointed in 5 accordance with the provisions of the Articles of Incorporation and the By-laws, as amended, as follows: a. Four members of the Board of Directors shall be the City Administrator of the City of St. Petersburg and the City Managers of Clearwater, Largo and Pinellas Park, or their senior management designees. b. Three members of the Board of Directors shall be county senior management employees, representing Pinellas County, who shall be appointed by the BCC upon the recommendation of the Pinellas County Administrator. c. Two members of the Board of Directors shall be appointed by the Board of County Commissioners and shall serve a term of three (3) years. Criteria for such appointment shall be as follows: 1) The candidate has previous experience serving on a board or similar body and the capacity to evaluate a full range of perspectives, from library service providers to library users. 2) The candidate represents the interests of all Parties, including the County, the Cooperative, Members with and without Libraries, and patrons. 3) The candidate can envision the future of countywide library services. 4) The candidate may not be an employee or member of the governing body of a PPLC Member Library. 2. Terms. The Articles of Incorporation shall specify the term of office for Directors in conformance with Section III.B.1 above. 3. Officers. The Officers of the Cooperative shall be: Chair of the Board of Directors, Vice-Chair of the Board of Directors, and Secretary/Treasurer. The terms of office, election and duties of Officers shall be as specified in the By-- laws. 4. Compensation. Directors and Officers shall not be paid a salary or wages but may be reimbursed for travel and per diem expenses on behalf of the Cooperative as approved by the Board, based on the PPLC Policies and Procedures Manual and in accordance with Section 112.061, Florida Statutes (“Per diem and travel expenses” verified 2017). 6 5. Meetings. The Board of Directors shall meet at least six (6) times each year. Meetings shall be conducted pursuant to the Sunshine Law, Chapter 286, Florida Statutes. The Chairperson or a simple majority of the Board may call emergency meetings. Such meetings shall require at least 24 hours' notice. 6. Duties. The duties of the Board of Directors shall include, but not be limited to: a. Managing the affairs of the Cooperative; b. Amending the Articles of Incorporation and the By-laws; c. Establishing administrative policy for the operation of the Cooperative; d. Receiving and disbursing funds from local, state and federal sources and entering into arrangements as appropriate in connection therewith, and receiving and disbursing funds from Members without Libraries participating in the Cooperative; e. Investing the Cooperative funds; f. Employing and directing an Executive Director; g. Conducting open and public meetings, the time and place to be decided by the Board of Directors; h. Establishing the operating budget for the Cooperative, which is subject to the review upon request of the BCC, and overseeing its execution, including approving expenditures for administration; i. Advising the Parties and Members with respect to the budget, disbursements, extension and expansion of library services and other affairs of the Cooperative; j. Submission of funding requirements in accordance with the provisions of Section V.C. k. Developing, in collaboration with the Executive Director and Library directors of Members, the Long-Range Plan for the Cooperative to improve library services to residents of municipalities, library taxing districts, and unincorporated areas. l. Review and approve the Annual Plan of Service. C. Executive Director: 1. Duties. The duties of the Executive Director shall include, but not be limited to: 7 a. Facilitating joint planning for coordination of library services among Members with Libraries and other Libraries within the County that participate in reciprocal borrowing and joint planning as recipients of State Aid to Libraries. b. Maintaining information for and submitting applications on behalf of the Cooperative for available local, State, and Federal library funds with Board approval, and filing reports with the Division of Library and Information Services pursuant to Section 257.16, Florida Statutes (2000), as may be amended; c. Preparing, in coordination with the library directors of Members, the annual operating and capital budgets of the Cooperative, and presenting the annual operating budget of the Cooperative to the Board and Members. d. Developing, in collaboration with the library directors of Members, the Annual Plan of Service that shall include goals, objectives and activities, and the budget that will support library services for the year. This plan must clearly demonstrate that resources will be allocated in a way that serves the goal of access to library services throughout the area. 2. Qualifications. The Executive Director must have an American Library Association accredited Master’s degree in Library Science (MLS), and a minimum of five (5) years library administration experience, with experience in library cooperative administration preferred. D. Advisory Council: A Library Directors Advisory Council (LDAC) made up of all library directors of Members, or their designees, will collaborate with the Executive Director in coordination, planning and other matters as appropriate. The Officers of the LDAC shall be: Chair, Vice- Chair, and Secretary. The terms of office, election, and duties of Officers shall be as specified in the LDAC By-laws. The By-laws of the LDAC shall provide that the office of Chair will be rotated yearly among the members of the Advisory Council and that the Chair will participate in the meetings of the Cooperative Board of Directors and represent the LDAC. The duties of the LDAC shall be as follows: 1. Conduct open and public meetings, the time and place to be decided by LDAC. 2. Collaborate with the Executive Director on the establishment and revision of the PPLC Public Service Policies for Member Libraries. 8 3. Review and provide recommendations in the preparation of the annual budget. 4. Advise the Board on Board meeting agenda items as needed. E. Long-Range and Annual Plans of Service: Each year an Annual Plan of Service and Budget shall be adopted by the Board of Directors. The Long-Range Plan must be updated every five years. The Plans will meet the requirements for participation in the State Aid to Libraries Program. The Executive Director will disseminate the Plans. F. Reports: The Executive Director will provide annual reports on the progress toward meeting the objectives of the Long-Range Plan and the Annual Plan of service. The reports will include audited statements of operating expenditures, capital expenditures, and reserve accounts. Annual reports will be presented to the Board, the Members, and the Division of Library and Information Services. IV. PARTICIPATION: A. General: Participation will be voluntary and open to any Governmental Unit. People residing in participating areas will be eligible to use the services of Member Libraries of the Cooperative without charge. People residing in Governmental Units or areas not electing to participate will be excluded from the use of the Cooperative's services unless individual people join Member Libraries by paying an annual fee; such fee may be adjusted by a majority of Parties to this Agreement. People who join by paying the annual fee to a Member Library will then be counted as residents of that Member Library's governmental unit. Members may withdraw pursuant to the provisions of Section VI. B. Members With Libraries: 1. Admission. Governmental units applying for the first time for membership in the Pinellas Public Library Cooperative, Inc. must be approved by the Board which shall determine if the Library meets the statutory requirements and operational standards established in Exhibit “A”: Policy on Admission. 2. Membership. Members with Libraries will adhere to the operational standards established in Exhibit “A”: Policy on Admission, and comply with participation requirements as detailed in this section. 3. Noncompliance and Enforcement. Any Member with a Library that fails to 9 maintain the requirements established in the Policy on Admission or the Participation requirements, may be provided a Notice of Deficiency as follows: a. Subject to Board authorization, any Member with a Library that is found to be non-compliant may be issued a Notice of Deficiency effective upon the date of such Notice. A Member with a Library that has received a Notice of Deficiency will be granted a period not to exceed 12 months (as determined by the Board based on the nature of the deficiency) from the date of the Notice to achieve compliance with the requirements of Membership and to provide documentation of such compliance to the Board. Upon determination that the Member successfully demonstrated compliance with the requirements, the Board shall authorize a written Notice of Compliance to be provided to the Member. b. A Member with a Library that has received a Notice of Deficiency and has failed to successfully demonstrate compliance within the prescribed time period will be considered to have withdrawn from the Cooperative. Such Member will comply with the requirements for withdrawal indicated in Section VI. B. of this Agreement. 4. Autonomy. Each Member with a Library shall continue to decide the level of library service for its community and shall prepare its own budget. Each Library shall remain autonomous and retain control of its operations and functions, i.e.: a. Trust funds, individual gifts or donations made to a Library shall remain the property of that Library. b. All Library staff shall remain employees of the various Members with no loss in benefits. c. Each Library shall remain the property of the Member in which it is located, and all maintenance and repairs shall be affected through operating budgets from allocated local appropriations. d. Members with Libraries will continue to fund their local Libraries and are not required to make any payment to the Cooperative for participation in the Cooperative. 5. Audits. Each Member with a Library shall provide to the Cooperative by March 31 of each year an audited statement of its Library operating costs for its last completed fiscal year. The audits are to be reviewed by the Cooperative 10 to determine the dollars expended locally for library operations. Allowable costs for each Library shall consist of all personnel and direct operating costs, and non-fixed capital as provided for in the State of Florida Chart of Accounts. All other costs, including fixed capital items and debt expenses, are not allowable. 6. Materials and Services. a. Members with Libraries agree to allow all circulating materials (non- electronic formats) of existing Libraries to be freely available to cardholding residents of all participants in the Cooperative. b. Members with Libraries agree to allow all circulating materials (electronic formats) to be freely available to all cardholders of that specific Library regardless of cardholder’s address. c. Reciprocal Borrowers may borrow circulating materials in non-electronic formats only. d. Within policies established by the Cooperative all reference and public programming services are equally available to the public. 7. Staff Development. All Members with Libraries will agree to have their Libraries closed on Columbus Day (or alternately designated day) each year, unless otherwise prohibited, for participation in an annual county-wide staff development day. Staff development day planning will be coordinated by PPLC staff in collaboration with Member Library directors and staff. C. Members Without Libraries: 1. Basis for Funding: The County, on behalf of the Library MSTU, and subject to the provisions and limitations in Section V.A. and any other Member without a Library, shall provide annual financial support to the Cooperative which, when calculated on a per capita (of population of such Member) basis for any year, shall be equivalent to the average per capita funding, excluding all monies received from the Cooperative, provided during the most recent preceding year by the Members having Libraries subject to the provision of, and limitations in, Section V.A., the funding shall be calculated as follows: The total expenditures, as adjusted for monies received from the Cooperative, of the Members from the prior year shall be divided by the total population of the Members to obtain the aggregate average per capita cost. For purposes of this subsection C, "funding" means the amount of Library expenditures 11 for any year as described in Section V.A. by a Member having a Library, and "population" means the number of residents residing in the Member governmental unit determined in accordance with Section V.B. Payments shall be made by the County and each Member without a Library of annual financial support due from it in four (4) quarterly payments of twenty-five percent (25%) each. 2. Underfunding: If financial support paid to the Cooperative by a Member without a Library is less than the amount due under Section V, written notice shall be provided by PPLC, to such unit of the deficiency and all funds due under Section V shall be immediately due and payable as specified in Section VI.C. Such unit shall be deemed to have withdrawn from the Cooperative notwithstanding the provisions of Section VI.A or VI.C effective thirty (30) days following the receipt of written notice of deficiency unless payment of such deficiency is made within that thirty (30) day period. V. FUNDING MECHANISM: A. Fiscal Funding: The County will provide an amount of annual financial support equal to the financial support provided by all Members with Libraries, calculated on a per capita basis for the previous year, excluding all monies received from the Cooperative, provided that the amount shall not exceed the ad valorem revenue, excluding statutory payments to the Tax Collector and Property Appraiser, generated by the millage rate levied by the County in support of Cooperative Library services. At no time shall the millage rate levied by the County in support of Cooperative Library services exceed 0.5 mill. The County shall submit the funds to the Cooperative in quarterly payments. The County shall notify the Cooperative of any changes to the population figures subject to the amount of annual per capita financial support for the new fiscal period prior to May 30 of each year. The obligations of the County as to any funding required pursuant to this Agreement are subject to annual approval of the Library MSTU millage by the County. If funds are not appropriated by the County through the Library MSTU for any or all the obligations in this Agreement, the County shall not be obligated to pay for the services provided pursuant to this Agreement beyond the portion for which funds are appropriated. The County agrees to promptly notify the Cooperative in writing of such failure of appropriation, and upon such notice, the provisions of Section IV shall govern. 12 B. Determination and Notification of Per Capita Amounts for Members Without Libraries: The Cooperative shall advise each Member without a Library by June 1 of each year, of such unit's funding requirement for the next fiscal year, together with the calculations by which such funding requirement was determined and the backup information for such calculation, consisting of (i) average per capita locally funded library expenditures of Members with Libraries for the last completed year and (ii) appropriate population statistics. The expenditures shall be based on audited financial statements for such last completed year in accordance with budget line items identified in Section IV.B.5. The population statistics used to calculate such per capita expenditures shall be for such year and shall be from one of the following sources: the Bureau of Economics and Business Research of the University of Florida, the Pinellas County Planning Department, or the U.S. Census Bureau. C. Fiduciary Responsibility for Funds: 1. All funds of the Cooperative shall be maintained in an interest-bearing public depository as set forth in Florida Statutes, Chapter 280 (“Security for Public Deposits,” verified 2017), as may be amended; 2. Complete and accurate records shall be kept of the receipts and disbursement of all funds of the Cooperative, subject to the PPLC adopted Record Retention and Document Destruction Policy, which will comply with Florida Department of State General Schedule for State and Local Government Agencies GS1-SL, Internal Revenue Code 501(c)(3), and all other applicable federal, state, and local law; 3. An annual audit of the Cooperative by an independent certified public accountant, to be paid for from the operating funds of the Cooperative, shall be made and filed annually with the Department of State; 4. The Cooperative shall abide by the terms and provisions of the laws of the State of Florida and the provisions of this Agreement and any other applicable Federal, State, or local laws, rules and regulations including the County's Investment Policy. D. Disbursement: The Board of Directors shall disburse funds received by the Cooperative according to the formula below: 1. The Board of Directors shall annually establish the budgeted administrative costs of the Cooperative, including salary, office supplies, and any rents or other costs related to the administrative operations of the Cooperative. 13 2. The remaining funds shall be distributed to Members with Libraries in accordance with the disbursement formula, which is attached hereto and incorporated herein as Exhibit “B.” This distribution is to be based on submittal of annual library operating costs with descriptive codes in accordance with the State of Florida Uniform Chart of Accounts. All funds collected from sources other than Members shall be allocated as determined by the Board. In no instance shall the total allocation to a Member Library exceed the amount of the Local Support. Funds received by the Cooperative shall be disbursed within a reasonable time after receipt. Payments to Member Libraries shall be made in quarterly disbursements. The Libraries shall use those funds for materials and operations of their Libraries. The disbursement formula may only be amended by the Board, with the approval of a simple majority of the Members with Libraries and the approval of the BCC. 3. State Aid funds and program grants received from the state shall be used in accordance with the provisions of applicable state law, Florida Statutes 257 (“Public Libraries and State Archives” verified 2017) and Florida Administrative Code 1B-2 (“Library Grant Programs” verified 2017). VI. WITHDRAWAL: A. All Participants: 1. Any Member wishing to withdraw shall submit written notice thereof to the Cooperative no later than six (6) months prior to the beginning of any fiscal year of the Cooperative. 2. Withdrawal of Members without Libraries may occur in the manner specified in Section IV.C.2. B. Members with Libraries: A Member with a Library that submits a withdrawal notice to the Cooperative shall: 1. At the request of the Cooperative's Board, promptly furnish usage statistics and an audit of library operating costs for such Library's last fiscal year completed prior to the date the withdrawal is effective to ensure maintenance of proper accounting for the Cooperative; and 2. Return to the Cooperative within sixty (60) days after withdrawal, any special equipment or collections purchased for such Member with funds from the Cooperative capital improvements fund within the previous five years. In lieu of returning the equipment or collection so purchased, the amortized balance 14 thereof based on an amortization period of five years from date of purchase may be repaid to the Cooperative during the year following withdrawal; and 3. Repay to the Cooperative within sixty (60) days after withdrawal any then remaining unexpended and uncommitted funds received from the Cooperative; C. Members Without a Library: A Member without a Library that submits or receives a withdrawal notice shall pay all sums due for library services provided prior to the date of withdrawal pursuant to Sections IV and V prior to withdrawal. VII. TERMINATION OF AGREEMENT: In the event that Members representing more than fifty percent (50 %) of the total population of all Members withdraw under Section VI or are deemed to have withdrawn under Section IV.C.2 of this Agreement, the remaining Members shall consider the continuation or termination of the Agreement and may terminate the Agreement by consent of a simple majority of the Members. IN WITNESS WHEREOF, the Parties hereto have caused this Interlocal Agreement to be executed on the day and year first above written. 15 EXHIBIT "A" Policy on Admission Pinellas Public Library Cooperative, Inc. For a Library Seeking Membership Libraries applying for membership in the Pinellas Public Library Cooperative, Inc. must be approved by the Board, which shall determine if the Library meets the basic eligibility requirements outlined below: 1. The Library meets the Essential level of Core Standards as defined in the Florida Public Library Standards (FLA, 2006 Revision, updated 2015 “Standards for Customer Focused Library Facilities” verified 2017). 2. The Library meets the Florida Public Library Standards (FLA 2006 Revision, updated 2015, verified 2017) for Interconnectivity, Lending Services, Services-Resource Sharing and Interlibrary Cooperation. 3. The governing entity must have an established budget for the maintenance and operation of the Library and must be audited each year. 4. There must be evidence that such funding is available, restricted for the Library and will continue to be available. 5. The Library has a long-range plan, an annual plan of service, and an annual budget [Florida Statutes 257.17(2)(e)] (long range plan statement, verified 2017). 6. The Library engages in joint planning for coordinating of library services within the county or counties that receive operating grants from the state [Florida Statutes 257.17(2)(f)] (joint planning statement, verified 2017). 7. The Library adapts its services to meet the needs of people with disabilities as required by the Americans with Disabilities Act and its attendant regulations. 8. The Library has established hiring practices that are in accordance with Equal Employment regulations. When the Library and its governing entity determine that these eligibility requirements can be met the attached Procedures for Admission must be followed. Such requests may be initiated at any time but the funding cycle for the subsequent fiscal year requires a March 31 deadline. See the Procedures for Admission for steps to be taken. 16 Procedures for Admission To the Pinellas Public Library Cooperative, Inc. As a Member Library 1. The Library seeking admission to the Cooperative must provide documentation that it can meet the standards spelled out in the Policy on Admission. 2. The Library must submit a letter of request signed by its governing entity (city commission, Board of Directors, etc.) to the Board/Executive Director. 3. The Library must submit with its letter of request documentation that it meets the basic eligibility standards for admission to the Pinellas Public Library Cooperative, Inc. as provided for in the Policy on Admission. 4. Upon receipt of the letter of request and documentation, the Board and Executive Director will review the request and appoint a committee to visit and evaluate the Library. 5. The committee will determine readiness for services by the requesting Library and will report any deficiencies in writing to the Board and to the Library's governing entity. 6. If the Library's governing entity wishes to pursue membership, it will be given a period of time in which to correct deficiencies, if any, and to prepare the Library for final evaluation by the Board. 7. Upon receipt of the final evaluation, the Board will have up to sixty (60) days in which to vote upon admission. 8. Following a positive vote, the Board will present the Library's governing entity with a copy of the Interlocal Agreement, which must be executed and returned, and an agreement form for the basic policies and procedures in effect for Member Libraries, including all public service policies such as patron registration, patron cards, materials circulation rules and others. 9. In order to be included in the subsequent year's funding allocations, the Procedures for Admission must be completed by March 31st in any given year. 17 EXHIBIT "B" Disbursement Formula Base Allocations to Members with Libraries shall be 90% of the balance remaining after the adjustments stated in Section V.D.1 and V.D.2 of the Library Interlocal Agreement. Each Library's percentage of the total Local Support extended, as determined through the review of the Certified Annual Financial Reports (CAFR), shall then be determined and translated into dollar amounts. The percentage of the total Local Support extended shall be determined by dividing the sums expended locally by the total Local Support for all Members. As set forth in Section IV.B.5 of the agreement, the Local Support shall be determined by adding the expenditures for Personnel Services (State of Florida Uniform Accounting System Manual for Florida Local Governments, Object Code 10), Operating Expenditures/Expenses (Object Code 30), and books, publications, and library materials (State of Florida Uniform Chart of Accounts Object Code 60, Sub-Object Code 66). All other expenditures not specifically listed above shall not be tabulated when determining the Local Support. The Members shall receive a percentage of the available funds equal to the percentage of their total support extended as a base allocation subject to a maximum of 16% and a minimum of 4%. Circulation Allocations to Members with Libraries shall be 10% after the adjustments stated in Section V.D.1. and V.D.2. The dollars available for distribution include the balance remaining after the base allocation. The circulation pool allocation percentage shall be derived by taking non-resident (residents from unincorporated Pinellas County and other Member cities) circulation figures for each Library and dividing it by the total non-resident circulation for all Members. Total Allocations to Members with Libraries shall not exceed the amount of the Local Support. Final 7.11.18 18 Member signature and date page Each member decides what signatures will appear: Mayor / Commissioner City Manager City / Town Attorney City / Town Clerk County Commission for Palm Harbor and East Lake BCC page PPLC page Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9750 Agenda Date: 10/7/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Library Agenda Number: 7.6 SUBJECT/RECOMMENDATION: Declare library materials surplus and authorize donation to designated local not-for-profit organizations pursuant to Clearwater Code of Ordinances Section 2.623(7)(d) and authorize the appropriate officials to execute same. (consent) SUMMARY: Seeking Council’s authorization to surplus and donate city-owned library materials consisting of paperback and hardcover books in the quantity of 5,704 items valued at $5,704.00 to local not-for-profit organizations. Clearwater Public Library System recently underwent removal of library materials due to materials being outdated, unused and uncirculated. Weeding is an essential, continuous component of collections maintenance in libraries. The items identified as surplus are no longer needed for municipal public use and are valued as follows: ·Book (paperback / hardcover) $1.00 Requesting authorization to donate to the following local not-for-profit organizations: ·AmVets, Clearwater, FL ~ pickup donations at no charge; items area delivered to the Tampa warehouse and a $100.00 voucher is offered to local veterans, which they in turn select what they want/need; all leftovers are then sold and all proceeds go back into the AmVets organization which provides assistance, jobs, and services to our veterans. ·HEP (Homeless Empowerment Program), Clearwater, FL ~ pickup donations at no charge; items not suitable for their program will go into the thrift store to be sold to the general public. 100% of proceeds from the store directly benefits HEP program and clients. ·Hospice, Clearwater, FL ~ pickup donations at no charge; items are sold at their thrift stores; all proceeds are used for patient care. ·Salvation Army, Clearwater, FL ~ pickup donations at no charge; items are sold at their thrift stores; valuables are auctioned. All proceeds are used for adult rehabilitation programs, social programs and homeless programs. Page 1 City of Clearwater Printed on 10/6/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9747 Agenda Date: 10/7/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Marine & Aviation Agenda Number: 7.7 SUBJECT/RECOMMENDATION: Approve a professional services agreement and design work order with Moffat and Nichol, Inc. of Tampa, FL, per Request for Qualifications 24-21, for replacement of the Clearwater Beach Marina (21-0008-MA) in the amount of $1,484,174.50 and authorize the appropriate officials to execute same. (consent) SUMMARY: The beach marina, located on the south side of the Clearwater beach roundabout, dates to the early 1950’s. Due to the dock and utility infrastructure’s age and outdated mix of slip sizes and types, the marina no longer meets current best practices and standards and needs replacement. A Request for Qualifications (RFQ) was issued in April seeking a firm to design and permit the beach marina replacement project. The RFQ selection committee, consisting of five representatives from the Marine & Aviation, Engineering, and Building & Maintenance departments, conducted interviews with four of the eight engineering firms that submitted qualifications. The committee selected Moffat & Nichol design and permit the replacement and upland improvements. Moffat & Nichol’s initial work order includes the new marina design (architectural, structural, civil, mechanical, electrical, plumbing, fire protection & alarm, security, and landscape), permitting and bid assistance. A separate construction administration and inspection work order will be submitted for approval prior to the construction of the new marina. The marina’s design and permitting duration is estimated to be twelve months with construction expected to begin in early 2023. The total project budget, including design and construction, is $18.15 million, including $15 million in Penny funds. The Marine & Aviation department is responsible for owning and operating the beach marina. APPROPRIATION CODE AND AMOUNT: 3327332-530100-C1905 $1,484,174.50 Funds are available in capital improvement project C1905, Beach Marina Upgrade, to fund this work order. Page 1 City of Clearwater Printed on 10/6/2021 Procurement Division 100 S Myrtle Ave Clearwater FL 33756-5520 PO Box 4748, 33578-4748 727-562-4630 Tel REQUEST FOR QUALIFICATIONS Design Services – Clearwater Beach Marina Replacement RFQ #24-21 April 20, 2021 NOTICE IS HEREBY GIVEN that sealed Statements of Qualifications will be received by the City of Clearwater (City) until 10:00 AM, Local Time, June 9, 2021 to provide Design Services for the Clearwater Beach Marina Replacement Project. Brief Description: The City of Clearwater is seeking a firm to provide design and permit services for the replacement of the Beach Marina facility, including seawall repairs, utilities and adjacent upland improvements. Responses 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. This Request for Qualifications, any attachments and addenda are available for download at https://www.myclearwater.com/business/rfp Please read the entire solicitation package and submit the response in accordance with the instructions. This document (less this invitation and the instructions) and any required documents, attachments, and submissions will constitute the response. General, Process, or Technical Questions concerning this solicitation should be directed, IN WRITING, to the Procurement Manager. This Request for Qualifications is issued by: Lori Vogel, CPPB Procurement Manager lori.vogel@myclearwater.com INSTRUCTIONS Design Services – CWT Bch Marina Replacement 2 RFQ #24-21 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 One (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 response. 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 response. i.3 DUE DATE & TIME FOR SUBMISSION AND OPENING: Date: June 9, 2021 Time: 10:00 AM (Local Time) The City will open all responses properly and timely submitted and will record the names and other information specified by law and rule. All responses 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 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, responses are available for inspection by contacting the Procurement Division. i.4 RESPONSE SUBMITTAL: It is recommended that responses are submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. Firms may mail or hand-deliver responses to the address below. Use label at the end of this solicitation package. E-mail or fax submissions will not be accepted. City of Clearwater Attn: Procurement Division 100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520 or PO Box 4748, Clearwater FL 33758-4748 No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a response that is not properly addressed and identified. i.5 LATE RESPONSES. The respondent assumes responsibility for having the response delivered on time at the place specified. All responses received after the date and time specified shall not be considered and will be returned unopened to the respondent. The respondent 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 respondent agrees to accept the time stamp in the City’s Procurement Division as the official time. i.6 LOBBYING. Any communication regarding this solicitation for the purpose of influencing the process or the award, between any person or affiliates seeking an award from this solicitation and the City is prohibited. This section shall not prohibit public comment at any City Council meeting, study session or Council committee meeting. This prohibition shall not apply to 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 clarification of responses, presentations if INSTRUCTIONS Design Services – CWT Bch Marina Replacement 3 RFQ #24-21 provided in the solicitation, contract negotiations, protest/appeal resolution, or surveying non-responsive vendors. i.7 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 response. Respondents are cautioned to verify their responses before submission, as amendments to or withdrawal of responses submitted after time specified for opening of responses may not be considered. The City will not be responsible for any respondent errors or omissions. i.8 FORM AND CONTENT OF RESPONSES. Unless otherwise instructed or allowed, responses shall be submitted on the forms provided. An original and the designated number of copies of each response are required. Responses, including modifications, must be submitted in ink, typed, or printed form and signed by an authorized representative. Please line through and initial rather than erase changes. If the response is not properly signed or if any changes are not initialed, it may be considered non-responsive. The City may require that an electronic copy of the response be submitted. The response 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 response. i.9 DEBARMENT DISCLOSURE. If the respondent has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a (sub)contractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the respondent shall include a letter with its response 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 response from a respondent who is currently debarred, suspended or otherwise lawfully prohibited from any public procurement activity may be rejected. i.10 RESERVATIONS. The City reserves the right to reject any or all responses or any part thereof; to reissue the solicitation; to reject non-responsive or non-responsible responses; to reject unbalanced responses; to reject responses where the terms and/or awards are conditioned upon another event; to reject individual responses for failure to meet any requirement; to award by part or portion, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any response. The City may seek clarification of the response from respondent at any time, and failure to respond is cause for rejection. Submission of a response confers on respondent 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 respondent and the City until the City executes a written contract or purchase order. i.11 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a respondent 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.12 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. INSTRUCTIONS Design Services – CWT Bch Marina Replacement 4 RFQ #24-21 To achieve the purpose of this Article, it is essential that respondents and contractors doing business with the City also observe the ethical standards prescribed herein. It shall be a breach of ethical standards to: a. Exert any effort to influence any City employee or agent to breach the standards of ethical conduct. b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or Services not provided. c. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply with any term, condition, specification or other requirement of a City Contract. i.13 GIFTS. The City will accept no gifts, gratuities or advertising products from respondents or prospective respondents and affiliates. i.14 PROTESTS AND APPEALS. If a respondent believes there is a mistake, impropriety, or defect in the solicitation, believes the City improperly rejected its response, and/or believes the selected response 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 Policies and Procedures. If any discrepancy exists between this Section and the Procurement Rules, the language of the Procurement Rules controls. Protests based upon alleged mistake, impropriety, or defect in a solicitation that is apparent before the opening must be filed with the Procurement Manager no later than five (5) business days before Opening. Protests that only become apparent after the Bid Opening must be filed within ten (10) business days of the alleged violation of the applicable purchasing ordinance. The complete protest procedure can be obtained by contacting the Procurement Division. ADDRESS PROTESTS TO: City of Clearwater - Procurement Division 100 So Myrtle Ave, 3rd Fl Clearwater FL 33756-5520 or PO Box 4748 Clearwater FL 33758-4748 INSTRUCTIONS – EVALUATION Design Services – CWT Bch Marina Replacement 5 RFQ #24-21 i.15 EVALUATION PROCESS. Responses will be reviewed by a screening committee comprised of City employees and/or authorized agents. The City staff may or may not initiate discussions with respondents for clarification purposes. Clarification is not an opportunity to change the response. Respondents shall not initiate discussions with any City employee or official. i.16 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of information: responsiveness, responsibility, and the technical response. All responses must meet the following responsiveness and responsibility criteria. a) Responsiveness. The City will determine whether the response complies with the instructions for submitting responses including completeness of response which encompasses the inclusion of all required attachments and submissions. The City must reject any responses that are submitted late. Failure to meet other requirements may result in rejection. b) Responsibility. The City will determine whether the respondent 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: past performance, references (including those found outside the response), compliance with applicable laws, respondent's record of performance and integrity- e.g. has the respondent been delinquent or unfaithful to any contract with the City, whether the respondent is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A respondent 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 respondent’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 Response. The City will determine how well responses meet its requirements in terms of the response to the solicitation 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. The criteria that will be evaluated and their relative weights are: Evaluation Criteria (response format pages 12-13) Points Qualifications (Tab 2) 35 Relevant Experience and References (Tab 3) 25 Technical Approach (Tab 4 ) 20 Work Plan and Schedule (Tab 5 ) 20 i.17 SHORT-LISTING. The City at its sole discretion may create a short-list of the highest ranked proposals based on a preliminary evaluation against the evaluation criteria. Only those short-listed proposers would be invited to give presentations and/or interviews. The City will finalize ranking of the firms upon conclusion of presentations/interviews. i.18 PRESENTATIONS/INTERVIEWS. The respondent must provide a formal presentation/interview on-site at a City location or virtual upon request. i.19 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Respondent must be prepared for the City to accept the response as submitted. If respondent 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 response or revoke the award, and may begin negotiations with another Respondent. Final contract terms must be approved or INSTRUCTIONS – EVALUATION Design Services – CWT Bch Marina Replacement 6 RFQ #24-21 signed by the appropriately authorized City official(s). No binding contract will exist between the respondent and the City until the City executes a written contract or purchase order. i.20 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to Purchasing’s website. It is the respondent’s responsibility to check the City of Clearwater’s Purchasing website at https://www.myclearwater.com/business/rfp to view the Procurement Division’s Intent to Award postings. i.21 RFQ TIMELINE. All dates are tentative and subject to change. Release RFQ: April 20, 2021 Advertise Tampa Bay Times: April 21, 2021 Responses due: June 9, 2021 Review responses/presentations: June 10, 2021-July 8, 2021 Award recommendation: July 8, 2021 Council authorization: September 2021 Contract begins: September 2021 DETAILED SPECIFICATIONS Design Services – CWT Bch Marina Replacement 7 RFQ #24-21 1. PROJECT MISSION. The City of Clearwater is dedicated to providing superior services to its customers in order to improve the quality of life for Clearwater residents, businesses and visitors. The City is looking for vendors who share that dedication and will help the City meet that goal. 2. BACKGROUND. The Clearwater Beach Marina is located at 25 Causeway Blvd Clearwater Florida 33767 on approximately 12-acres of sovereign submerged lands with approximately 4-acres of upland support all owned by the City of Clearwater. 3. SCOPE OF SERVICES. The City of Clearwater is seeking an architectural or engineering firm to provide consulting services, including but not limited to; design, permitting, procurement, and CEI services for the Clearwater Beach Marina Replacement Project in order to achieve maximizing the city’s submerged land ownership under the existing facility along with modifications to or recommendations for relocation of the existing fuel dock, fueling system, ship store, restroom and the centralized sewage pump-out location. The estimated construction budget is $17 million and will include the following major elements: • Mix of fixed and concrete floating docks • Metered electric at each slip and metered water at all commercial slips • Cable/Fiber and Wi-Fi capabilities at each slip • Security access gates, cameras and lighting • Upland utilities servicing the marina • Seawall tieback and cap repairs • Upland improvements surrounding the marina, sidewalks, lighting and landscape features. Full range design services (architectural, structural, civil, mechanical, electrical, plumbing, etc.) are to include required agency permitting, and architectural services throughout construction. It is planned to bring on a Construction Manager at Risk (CMAR) through a separate Request for Qualification (RFQ) process at the + 30% design phase to begin working with the designer creating a Project Team. This CMAR will ultimately be responsible to bid and construct all phases of the beach marina replacement project. Optional Services: The City of Clearwater in partnership with the Pinellas Suncoast Transit Authority (PSTA) is seeking a discretionary grant from the Federal Transit Administration (FTA) for the implementation of a water taxi/ferry landing to be integrated within the Marina. The City may exercise the option to have the selected firm design and/or construct a water taxi/ferry landing as part of the Beach Marina footprint. These optional services should be priced as a standalone task. Engineering Services shall include but are not limited to the following: i. 30% Design Plans, Cost Estimate & Review ii. 60% Design Plans, Cost Estimate & Review iii. 90% Design Plans, Cost Estimate & Review iv. Final Design Plans/Construction Documents & Permitting v. Bidding and Conformed packages (assist CMAR) vi. Construction Phase Services The following exhibits have been provided on the City’s FTP site to assist with the project design (note that access issues are typically due to user’s firewall settings): FTP Site Access ftp://vendor:clearwater@ftpserver.myclearwater.com/Purchasing/24-21_Design Services - Clearwater Beach Marina Replacment Project/ Logon username – vendor DETAILED SPECIFICATIONS Design Services – CWT Bch Marina Replacement 8 RFQ #24-21 Logon password – clearwater (note the lower case “c”) Select Purchasing folder Open Folder RFQ 24-21, Design Services - Clearwater Beach Marina Replacement Project • Exhibit E_Clearwater Bch Municipal Marina Exp Feasibility Study_Wade Trim 2005 • Exhibit F_Clearwater Bch Marina Utilities and Drainage Improvements_URS 2015 • Exhibit G_Clearwater Bch Marina Electrical Distribution Evaluation_Long & Assoc 2018 • Exhibit H_Seawall Inspection Report Bch Marina_Reuben Clarson 2020 • Exhibit I_Hydrographic_Topographic Marina Survey_George F Young 2020 • Exhibit J_Aerial View of Project Limits • Exhibit K_Optional Services • Exhibit L_Addendum to General Provisions - (Federally Assisted Supply_Services Contract) 4. SPECIFICATIONS. Design assumptions shall include a primarily concrete floating dock system, maintaining a fifty (50) commercial slip mix adjacent to the seawall, while expanding the total number and sizes of recreational slips. In addition to the docking system(s), project design shall include necessary seawall/cap repairs, associated upland and over water marina utilities and installation of a utility duct bank behind the north seawall. At a minimum, upland design work shall include marina access security gates, security cameras, dock lighting, and sidewalk improvements as part of the utility duct bank behind the seawall. These sidewalk improvements will begin at Coronado Drive heading east behind the marina building ending at the pedestrian trail bridge which crosses over Mandalay Chanel. Additional upland support options will be required to centralize shared ticket and vending kiosks, along with storage needs for commercial fishing and tour operators. These options will be evaluated to replace the existing over water dock structures no longer allowed under current Pinellas County Code. 5. TIMELINE. The City’s expectation is that the project would begin promptly with substantial design and permitting completed within one year. Construction shall be proposed in multiple phases beginning with upland utility and seawall work (late 2022) followed by a phased demolition and construction of the new marina (2023-2024). Phasing shall also consider displacement of vessels and temporary mooring of vessels. 6. REQUIRED QUALIFICATIONS. Responding firms must have demonstrated experience providing competence in areas of design, permitting, engineering/architectural services and construction engineering and inspection for similar marine facilities. 7. INSURANCE REQUIREMENTS. The Consultant (respondent) shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Consultant’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Consultant must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement. Specific work may require additional coverage on a case by case basis: DETAILED SPECIFICATIONS Design Services – CWT Bch Marina Replacement 9 RFQ #24-21 a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $5,000,000 (five million dollars) per occurrence and $10,000,000 (ten million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Unless waived by the State of Florida, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $100,000 (one hundred thousand dollars) each employee each accident, $100,000 (one hundred thousand dollars) each employee by disease and $500,000 (five hundred thousand dollars) aggregate by disease with benefits afforded under the laws of the State of Florida. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. d. If the Contractor is using its own property, or the property of the City or other provider, in connection with the performance of its obligations under this Agreement, then Contractor’s Equipment Insurance or Property Insurance on an “All Risks” basis with replacement cost coverage for property and equipment in the care, custody and control of others is required. e. Professional Liability Insurance coverage appropriate for the type of business engaged in by the Contractor with minimum limits of $5,000,000 (five million dollars) per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (ERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. OTHER INSURANCE PROVISIONS. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Contractor 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 and Pinellas Suncoast Transit Authority, Board Members, Officers and Employees” as “Additional Insured.” In addition, when requested in writing from the City, Contractor 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, RFQ #24-21 P.O. Box 4748 Clearwater, FL 33758-4748 b. Contractor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. Contractor’s insurance as outlined above shall be primary and non-contributory coverage for Contractor’s negligence. DETAILED SPECIFICATIONS Design Services – CWT Bch Marina Replacement 10 RFQ #24-21 d. Contractor reserves the right to appoint legal counsel to provide for the Contractor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Contractor’s design, equipment, or service. Contractor agrees that the City shall not be liable to reimburse Contractor for any legal fees or costs as a result of Contractor providing its defense as contemplated herein. e. All of Contractor/Vendor’s insurance policies, except Professional Liability, will waive rights of recovery against PSTA. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City and failure to request evidence of this insurance shall not be construed as a waiver of Contractor’s obligation to provide the insurance coverage specified. MILESTONES Design Services – CWT Bch Marina Replacement 11 RFQ #24-21 1. ANTICIPATED BEGINNING AND END DATE OF INITIAL TERM. September 2021 – September 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. RESPONSE FORMAT Design Services – CWT Bch Marina Replacement 12 RFQ #24-21 1. RESPONSE 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, five (5) 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 responses electronically, copies are not required.  2. RESPONSE FORMAT - Qualifications shall be submitted in bound volumes on standard 8½" x 11" paper. A single 8½" x 11" sheet printed on both sides is two (2) pages. All information must be assembled and indexed in the order indicated below. The page count shall not exceed twenty-six (26) total pages, including typed text, graphics, charts and photographs. The total page count does not include documents submitted for Tabs 6 and 7, the tabbed separator pages, cover page, and back page. TAB 1 – Letter of Interest (two [2] pages). The cover letter should briefly introduce the Consultant and also include: a. A statement confirming that all information contained in the response is complete and accurate. b. Signature from the firm’s principal certifying that sufficient resources in personnel, equipment, and time are available and can be committed to this project. c. Contact information for the firm’s principal including email address and phone number. TAB 2 – Qualifications (six [6] pages). Describe the firm’s professional background, experience with similar projects, and qualifications of key personnel proposed to work on the project. Include an organization chart and an affirmative statement indicating that the firm and all assigned key professional staff are properly licensed to practice in Florida. Include resumes for key team members (including subconsultants) demonstrating specific project experience relevant to the project. Include the expected amount of involvement for each consultant team member. Any changes in key personnel after the contract award must be approved by the City. TAB 3 – Relevant Experience and References (ten [10] pages). Provide background about the firm and present an understanding of the Scope of Services to be provided and ability to provide such services, including: a. Information for three (3) projects, preferably within the last 10 years, for which Consultant has provided closely related services to this Scope of Services. System design(s) should be appropriate for the climate and coastal storm conditions realized in Southwest Florida and the Caribbean. Production and delivery of docking system components are to be readily available and known to Florida and Caribbean markets. b. Provide client references for the three (3) selected projects including contact name, mailing address, email address, and phone number. TAB 4 – Technical Approach (four [4] pages). Describe the firm’s understanding of the project and methodology for meeting the needs of the City. Include a summary of knowledge of local conditions, City/County/State/Federal ordinances, codes, regulations and challenges. Describe the firm’s approach for successful regulatory approval and permitting. TAB 5 – Work Plan and Schedule. (four [4] pages). Include a summary narrative and schedule of the planned approach to address the project scope including but not limited to; regulatory review, technical review complete with dock equipment selection, marina layout, design & cost estimate phases. Phasing to also include displacement of vessels and temporary mooring of vessels during each phase. RESPONSE FORMAT Design Services – CWT Bch Marina Replacement 13 RFQ #24-21 TAB 6 – Litigation. NOTE: this is not considered Confidential or Proprietary information – any response indicating such will be deemed non-responsive to the RFQ. 1. Provide a complete listing of any convictions or fines incurred by the respondent firm or any of its principals for violations of any state or federal law within the past three (3) years. Identify firm’s executives who have current claims or who have participated in litigation against the City of Clearwater while with another firm. Executives of firms currently under litigation with the City may not be considered for this project. 2. Provide a complete listing of all litigation involving a construction project or contract (excluding personal injury and workers’ compensation) whether currently pending or concluded within the past three (3) years in which the respondent firm was a named party. 3. Provide a complete listing of all administrative proceedings involving a construction project or contract, whether currently pending or concluded within the past three (3) years, in which the respondent firm was a named party. (NOTE: Administrative Proceedings shall include: (i) any action taken or proceeding brought by a governmental agency, department, or officer to enforce any law, regulation, code, legal, or contractual requirement, except for those brought in state or federal courts; (ii) any action taken by a governmental agency, department, or officer imposing penalties, fines, or other sanctions for failure to comply with any such legal or contractual requirement, or (iii) any other matter before an administrative body.) 4. Provide a complete listing of all arbitrations involving a construction project or contract, whether currently pending or concluded in the past three (3) years, in which the respondent firm was a named party. TAB 7 - Other Forms. The following forms should be completed and signed: a. Exceptions, Additional Materials, Addenda form b. Company Information form c. Response Certification form d. Copy of the firm’s current Florida Department of Business and Professional Regulation’s License e. Exhibit B_Scrutinized Companies Forms f. Exhibit C_E-Verify Eligibility Form g. If the firm is a corporation, a copy of the current Florida Corporation Registration h. W-9 Form. All responses should include a fully completed, most current W-9 form. Failure to include the W-9 will not disqualify your bid. (http://www.irs.gov/pub/irs-pdf/fw9.pdf) EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA Design Services – CWT Bch Marina Replacement 14 RFQ #24-21 Respondents shall indicate any and all exceptions taken to the provisions or requirements 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 Response 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 response Additional Materials attached (describe--attach additional pages if needed) Addenda Respondents are responsible for verifying receipt of any addenda issued by checking the City’s website at https://www.myclearwater.com/business/rfp prior to the bid opening. Failure to acknowledge any addenda issued may render a Bid Non-responsive. Acknowledgement of Receipt of Addenda (initial for each addenda received, if applicable): Addenda Number Initial to acknowledge receipt Vendor Name__________________________________________________ Date__________________ COMPANY INFORMATION Design Services – CWT Bch Marina Replacement 15 RFQ #24-21 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 response: 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: RESPONSE CERTIFICATION Design Services – CWT Bch Marina Replacement 16 RFQ #24-21 By signing and submitting this Response, the Company 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) 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. e) 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. f) 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. g) 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. h) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and Rules if awarded by the City. i) It is current in all obligations due to the City. j) It will accept such terms and conditions in a resulting contract if awarded by the City. k) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit binding offers for the services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER Design Services – CWT Bch Marina Replacement 17 RFQ #24-21 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED RESPONSE Submitted by: Company Name: Address: City, State, Zip: RFQ #24-21 Design Services – Clearwater Beach Marina Replacement Due Date: June 9, 2021, 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 RESPONSE Submitted by: Company Name: Address: City, State, Zip: RFQ #24-21 Design Services – Clearwater Beach Marina Replacement Due Date: June 9, 2021, at 10:00 A.M. City of Clearwater Attn: Procurement Division 100 S Myrtle Ave 3rd Fl Clearwater FL 33756 ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services------------------------------------------------ RFQ #24-21, Exhibit A STANDARD TERMS AND CONDITIONS 1 S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: “vendor, contractor, consultant, supplier, proposer, company, parties, persons”, “purchase order, PO, contract, agreement”, “city, Clearwater, agency, requestor, parties”, “bid, proposal, response, quote”. S.2 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor’s employees, not City employees. Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers’ compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims. S.3 SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. S.4 ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first receiving the City’s written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event the City will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement. S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. S.6 NO THIRD PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties. S.7 NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement. S.8 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor. S.9 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations under this Agreement. S.10 COMPLIANCE WITH APPLICABLE LAWS. a. General. Contractor must procure all permits and licenses, and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects. Contractor will RFQ #24-21, Exhibit A STANDARD TERMS AND CONDITIONS 2 require a drug-free workplace for all Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Agreement must be notified in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel, and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties. c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States. (i) As applicable to Contractor, under this provision, Contractor hereby warrants to the City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees (hereinafter “Contractor Immigration Warranty”). (ii) A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City. (iii) The City retains the legal right to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. (iv) The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verification performed. (v) Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act. d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment. Contractor and Contractor’s personnel will comply with applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and applicable rules in performance under this Agreement. S.11 SALES/USE TAX, OTHER TAXES. Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor’s services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required. If any taxing authority should deem Contractor or Contractor employees an employee of the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor’s responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. The City is exempt from paying state and local sales/use taxes and certain federal excise taxes and will furnish an exemption certificate upon request. RFQ #24-21, Exhibit A STANDARD TERMS AND CONDITIONS 3 S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City. S.13 OPENNESS OF PROCUREMENT PROCESS. Written competitive proposals, replies, oral presentations, meetings where vendors answer questions, other submissions, correspondence, and all records made thereof, as well as negotiations or meetings where negotiation strategies are discussed, conducted pursuant to this Invitation to Bid (ITB), shall be handled in compliance with Chapters 119 and 286, Florida Statutes. Proposals or replies received by the City pursuant to this ITB are exempt from public disclosure until such time that the City provides notice of an intended decision or until 30 days after opening the proposals, whichever is earlier. If the City rejects all proposals or replies pursuant to this ITB and provides notice of its intent to reissue the ITB, then the rejected proposals or replies remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued ITB or until the City withdraws the reissued ITB. A proposal or reply shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. Oral presentations, meetings where vendors answer questions, or meetings convened by City staff to discuss negotiation strategies, if any, shall be closed to the public (and other proposers) in compliance with Chapter 286 Florida Statutes. A complete recording shall be made of such closed meeting. The recording of, and any records presented at, the exempt meeting shall be available to the public when the City provides notice of an intended decision or until 30 days after opening proposals or final replies, whichever occurs first. If the City rejects all proposals or replies pursuant to this ITB and provides notice of its intent to reissue the ITB, then the recording and any records presented at the exempt meeting remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued ITB or until the City withdraws the reissued ITB. A recording and any records presented at an exempt meeting shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. In addition to all other contract requirements as provided by law, the contractor executing this agreement agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, Rosemarie Call, phone: 727-562-4092 or Rosemarie.Call@myclearwater.com, 600 Cleveland Street, Suite 600, Clearwater, FL 33755. The contractor’s agreement to comply with public records law applies specifically to: a) Keep and maintain public records required by the City of Clearwater (hereinafter “public agency”) to perform the service being provided by the contractor hereunder. 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. RFQ #24-21, Exhibit A STANDARD TERMS AND CONDITIONS 4 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 eight (8) business days after the notice is sent is not liable for the reasonable costs of enforcement. S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five (5) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor’s place of business or at City offices, as determined by the City. S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or RFQ #24-21, Exhibit A STANDARD TERMS AND CONDITIONS 5 who will have access to the City’s information, data, or facilities in accordance with the City’s current background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law. S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement. S.17 DEFAULT. a. A party will be in default if that party: (i) is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor’s capability to perform under the Agreement; (ii) is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; (iii) conducts business in an unethical manner or in an illegal manner; or (iv) fails to carry out any term, promise, or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred from participating in City procurements and solicitations in accordance with the City’s Purchasing Policy and Procedures Manual. c. Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non-defaulting party to provide notice of the default does not waive any rights under the Agreement. d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement. S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and costs. c. The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. RFQ #24-21, Exhibit A STANDARD TERMS AND CONDITIONS 6 d. Neither party will be liable for incidental, special, or consequential damages. S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in part or in whole upon thirty (30) calendar days’ written notice. S.21 TERMINATION FOR CONFLICT OF INTEREST Florida Statutes Section 112. Pursuant to F.S. Section 112, the City may cancel this Agreement after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor. S.22 TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date. S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final invoice. S.24 NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. S.25 INDEMNIFICATION/LIABILITY. a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the obligations established by this Agreement. b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor-provided supplies or services. S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman-like and professional manner. The City’s acceptance of service or materials provided by Contractor will not relieve Contractor from its obligations under this warranty. If any materials or services are of a substandard or unsatisfactory manner as RFQ #24-21, Exhibit A STANDARD TERMS AND CONDITIONS 7 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 RFQ #24-21, Exhibit A STANDARD TERMS AND CONDITIONS 8 cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is obtained against the City’s use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute supplies or services. S.37 CONTRACT ADMINISTRATION. The agreement will be administered by the Purchasing Administrator and/or an authorized representative from the using department. All questions regarding the agreement will be referred to the administrator for resolution. Supplements may be written to the agreement for the addition or deletion of services. Payment will be negotiated and determined by the contract administrator(s). S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing agreements with other Florida government agencies, including the Tampa Bay Area Purchasing Cooperative. Under a Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies in the State of Florida with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City is not responsible for any disputes arising out of transactions made by others. S.40 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City’s Purchasing 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. RFQ #24-21, Exhibit A STANDARD TERMS AND CONDITIONS 9 S.44 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it. S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. S.46 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination. EXHIBIT C - INSURANCE REQUIREMENTS 1. INSURANCE REQUIREMENTS. The Consultant (respondent) shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A- VII or better. In addition, the City has the right to review the Consultant’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Consultant must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement. Specific work may require additional coverage on a case by case basis: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $5,000,000 (five million dollars) per occurrence and $10,000,000 (ten million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Unless waived by the State of Florida, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $100,000 (one hundred thousand dollars) each employee each accident, $100,000 (one hundred thousand dollars) each employee by disease and $500,000 (five hundred thousand dollars) aggregate by disease with benefits afforded under the laws of the State of Florida. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. d. If the Contractor is using its own property, or the property of the City or other provider, in connection with the performance of its obligations under this Agreement, then Contractor’s Equipment Insurance or Property Insurance on an “All Risks” basis with replacement cost coverage for property and equipment in the care, custody and control of others is required. e. Professional Liability Insurance coverage appropriate for the type of business engaged in by the Contractor with minimum limits of $5,000,000 (five million dollars) per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (ERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. OTHER INSURANCE PROVISIONS. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Contractor 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 and Pinellas Suncoast Transit Authority, Board Members, Officers and Employees” as “Additional Insured.” In addition, when requested in EXHIBIT C - INSURANCE REQUIREMENTS writing from the City, Contractor 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, RFQ #24-21 P.O. Box 4748 Clearwater, FL 33758-4748 b. Contractor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. Contractor’s insurance as outlined above shall be primary and non-contributory coverage for Contractor’s negligence. d. Contractor reserves the right to appoint legal counsel to provide for the Contractor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Contractor’s design, equipment, or service. Contractor agrees that the City shall not be liable to reimburse Contractor for any legal fees or costs as a result of Contractor providing its defense as contemplated herein. e. All of Contractor/Vendor’s insurance policies, except Professional Liability, will waive rights of recovery against PSTA. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City and failure to request evidence of this insurance shall not be construed as a waiver of Contractor’s obligation to provide the insurance coverage specified. CORONADO DR CAUSEWAY BLVD MEMORIAL CSWY S GULFVIEW BLVD MANDALAY AVE Document Path: C:\Users\Kelsey.Troyer\City of Clearwater\Engineering Geographic Technology - Documents\GIS\Engineering\Location Maps\21-0008-MA\21-0008-MA_Aerial.mxd PROJECTLOCATION AERIAL 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 Beach Marina ReplacementProject Number 21-0008-MA ² N.T.S.Scale:Date:8/27/2021Aerial Flown 2020KTMap Gen By:WDReviewed By: 1 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF CLEARWATER AND MOFFAT AND NICHOL, INC. RFQ #24-21 DESIGN SERVICES – CLEARWATER BEACH MARINA REPLACEMENT This Agreement for Professional Services (this “AGREEMENT”) is made and entered into on the day of October 2021 by and between the City of Clearwater, Florida (the “CITY”) and Moffatt & Nichol, Inc. (the “ENGINEER”). WITNESSETH: WHEREAS, the CITY desires to engage the ENGINEER to perform certain professional services pertinent to such work in accordance with this AGREEMENT; and WHEREAS, the ENGINEER desires to provide such professional services in accordance with this AGREEMENT; and WHEREAS, the CITY selected the ENGINEER in accordance with the competitive selection process described in Section 287.055 of the Florida Statutes, and based on information and representations given by the ENGINEER in a response to Request For Qualifications #24-21. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this AGREEMENT, it is mutually understood and agreed as follows: 1.0 GENERAL SCOPE OF THIS AGREEMENT The relationship of the ENGINEER to the CITY will be that of a professional engineer, and the ENGINEER will provide the professional and technical services required under this AGREEMENT in accordance with acceptable engineering practices, by exercising the skill and ability ordinarily required of engineers performing the same or similar services, under the same or similar circumstances, in the State of Florida, and ethical standards. 2.0 PROFESSIONAL TECHNICAL SERVICES 2.1 It shall be the responsibility of the ENGINEER to work with and for the CITY to perform an array of services for the City as set forth in RFQ #24-21, Scope of Services. 2.2 The ENGINEER’s services under this AGREEMENT will be provided under a project specific Work Order(s). Each Work Order will include the services for a single project, phase, task, or assignment, and will contain a mutually agreed-upon detailed scope of services, project goals, fee and schedule of performance in accordance with applicable fiscal and budgetary constraints. Work Orders will be incorporated by reference and attached hereto this AGREEMENT. 2 Total compensation for all services shall not exceed one million four hundred eighty-four thousand one hundred seventy-four U.S. dollars and fifty cents ($1,484,174.50) unless specifically authorized by the Clearwater City Council. See Work Order attached hereto as Exhibit “B”. 2.3 The ENGINEER shall maintain a capable and competent staff of professionally qualified personnel available to the CITY for the purpose of rendering the required architectural and/or engineer services hereunder and shall diligently execute the work to meet the completion time established in the Work Orders. The ENGINEER shall notify the CITY by U.S. Mail addressed to the City Engineer of any changes in company contact information, including but not limited to contact phone, address, project manager, email addresses, etc. 2.4 The CITY reserves the right to enter into contracts with other engineering and/or architectural firms for similar services. The ENGINEER will, when directed to do so by the CITY, coordinate and work with other engineering and/or architectural firms retained by the CITY. 2.5 The CITY reserves the right to remove any and all projects, phases, tasks or assignments referenced in Section 2.1 of this AGREEMENT. The CITY further reserves the right to enter into contracts with other architectural firms for services related to such projects, phases, tasks or assignments. The ENGINEER will, when directed to do so by the CITY, coordinate and work with other architectural firms retained by the CITY. 3.0 PERIOD OF SERVICES 3.1 The ENGINEER shall begin work promptly after receipt of a fully executed Work Order. Receipt of a fully executed Work Order shall constitute written notice to proceed. 3.2 If the ENGINEER’S services are delayed for reasons beyond the ENGINEER’S control, the time of performance shall be adjusted as appropriate. 3.3 It is the intent of the parties hereto that this AGREEMENT continue in force for a period not to exceed to two (2) years, subject to the provisions for termination contained herein. Assignments that are in progress at the Termination Date shall be completed by the ENGINEER unless specifically terminated by the CITY. Should the ENGINEER be in the progress of completing work under this AGREEMENT at the Termination Date, this AGREEMENT shall continue with all terms, conditions and obligations being in full force and effect until such time as the work is completed. All provisions expressly intended to survive termination shall do so. 4.0 PROFESSIONAL SERVICES/ENGINEER’S COMPETITIVE NEGOTIATION ACT (CCNA) Professional Services provided under this AGREEMENT are within the scope of the practice of architecture, landscape architecture, professional engineering, or registered land 3 surveying and mapping, as defined by the laws of the State of Florida. Provisions of F.S. 287.055 apply. 5.0 GENERAL CONSIDERATIONS 5.1 All documents including field books, drawings, specifications, calculations, geotechnical investigation reports, etc., used in the preparation of the work shall be supplied by the ENGINEER and shall become the property of the CITY. The CITY acknowledges that such documents are not intended or represented to be suitable for use by the CITY or others for purposes other than those for which the documents are prepared. Any reuse of these documents without written verification or adaptation by the ENGINEER for the specific purpose intended will be at the CITY’s sole risk without liability or legal exposure to the ENGINEER. 5.2 The ENGINEER shall prepare preliminary construction cost estimates with each design submittal to verify the proposed design is within the City project budgets. The ENGINEER shall prepare a final estimate of probable construction costs, following CITY approval of the bid documents and other pre-bid activities. The CITY hereby acknowledges that estimates of probable construction costs cannot be guaranteed, and such estimates are not to be construed as a promise that designed facilities will not exceed a cost limitation. 5.3 The ENGINEER will provide expert witnesses, if required, to testify in connection with any suit at law. A supplemental agreement will be negotiated between the CITY and the ENGINEER describing the services desired and providing a basis for compensation to the ENGINEER. 5.4 Upon the ENGINEER’S written request, the CITY will furnish or cause to be furnished such reports, studies, instruments, documents, and other information as the ENGINEER and CITY mutually deem necessary. 5.5 The CITY and the ENGINEER each bind themselves and their successors, legal representatives and assigns to the other party to this AGREEMENT and to the partners, successors, legal representatives and assigns of each other party, in respect to all covenants of this AGREEMENT; and, neither the CITY nor the ENGINEER will assign or transfer its interest in this AGREEMENT without written consent of the other. 5.6 To the fullest extent permitted by law, the ENGINEER agrees to indemnify and hold harmless the CITY, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ENGINEER and other persons employed or utilized by the ENGINEER in the performance of this ENGINEER under this AGREEMENT. Notwithstanding any provision herein to the contrary, this paragraph shall not be construed as a waiver of any immunity to which CITY is entitled or the extent of any limitation of liability pursuant to § 768.28, Florida Statutes. Furthermore, this provision is not intended to nor shall it be interpreted as limiting or in any way affecting any defense CITY may have under § 768.28, Florida Statutes or as 4 consent to be sued by third parties. The obligations under this paragraph shall expressly survive termination or expiration of this AGREEMENT. 5.7 The ENGINEER agrees not to engage the services of any person or persons in the employ of the CITY to an allied capacity, on either a full or part-time basis, on the date of the signing of this AGREEMENT, or during its term. 5.8 Key personnel assigned to the CITY’s projects by the ENGINEER shall not be removed from the projects until alternate personnel acceptable to the CITY are approved in writing by the CITY. Key personnel are identified as: Project Manager and technical experts. 5.9 The ENGINEER shall attach a brief status report on the projects with each request for payment. 5.10 Unless otherwise required by law or judicial order, the ENGINEER agrees that it shall make no statements, press releases or other public communication concerning this AGREEMENT or its subject matter or otherwise disclose or permit to be disclosed any of the data, technical processes, business affairs or other information obtained or furnished in the conduct of work under this AGREEMENT without first notifying the CITY and securing its consent in writing. The ENGINEER also agrees that it shall not publish copyright or patent any of the site-specific data or reports furnished for or resulting from work under this AGREEMENT. This does not include materials previously or concurrently developed by the ENGINEER for “In House” use. Only data and reports generated by the ENGINEER under this AGREEMENT shall be the property of the CITY. 5.11 Public Records. The ENGINEER will be required to comply with Section 119.0701, Florida Statutes, as may be amended from time to time, specifically to: IF THE ENGINEER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE ENGINEER’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: 727-562-4092, Rosemarie.Call@myclearwater.com, 600 Cleveland Street, Suite 600, Clearwater, FL 33755. ENGINEER shall comply with the following: a) Keep and maintain public records required by the City of Clearwater (hereinafter “public agency”) to perform the service being provided by the 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. 5 c) Ensure that the public records that are confidential or exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. 6 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 eight (8) business days after the notice is sent is not liable for the reasonable costs of enforcement. 6.0 COMPENSATION 6.1 The ENGINEER shall be compensated for services rendered under this AGREEMENT in accordance with the provisions of each Work Order, upon presentation of ENGINEER’S invoice and as provided for below. 6.2 Compensation for services shall be invoiced by the ENGINEER and paid by the CITY in accordance with the Florida Local Government Prompt Payment Act, § 218.70, Florida Statutes. 6.3 The ENGINEER agrees to allow full and open inspection of payroll records and expenditures in connection with hourly rate and cost-plus fixed fee work assignments upon request of the CITY. 7.0 PROHIBITION AGAINST CONTINGENT FEES The ENGINEER warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the ENGINEER to solicit or secure this AGREEMENT and that it has not paid or agreed to pay any persons, company, corporation, individual or Firm, other than a bona fide employee working for the ENGINEER any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this AGREEMENT. 8.0 TERMINATION FOR CAUSE This AGREEMENT may be terminated by either party with seven (7) days prior written notice, in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If this AGREEMENT is terminated, the ENGINEER shall be paid in accordance with the provisions of outstanding Work Orders for all work performed up to the date of termination. 9.0 SUSPENSION, CANCELLATION OR ABANDONMENT If the project described in any Work Order is suspended, canceled, or abandoned by the CITY, without affecting any other Work Order or this AGREEMENT, the ENGINEER shall be given five (5) days prior written notice of such action and shall be compensated 7 for professional services provided up to the date of suspension, cancellation or abandonment. 10.0 GOVERNING LAW AND VENUE This AGREEMENT shall be administered and interpreted under the laws of the State of Florida. The exclusive venue for any proceeding or suit in law or equity arising from or incident to this AGREEMENT will be in Pinellas County Florida. 11.0 TERMINATION FOR CONVENIENCE Either the CITY or the ENGINEER may terminate the AGREEMENT at any time by giving written notice to the other of such termination and specifying the effective date of such termination at least thirty (30) days before said termination date. If the AGREEMENT is terminated by the CITY as provided herein, the ENGINEER will be paid for services rendered through the date of termination. 12.0 PUBLIC ENTITY CRIMES Pursuant to Florida Statute § 287.132-133, the City of Clearwater, as a public entity, may not accept any proposal from, award any contract to, or transact any business in excess of the threshold amount provided in § 287.017, F.S., for Category Two (currently $35,000) with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person of affiliate has been removed from the list pursuant to § 287.133 (3)(f), F.S. By submitting a proposal, ENGINEER is certifying that Florida Statute 287.132 and 287.133 does not restrict submission. 13.0 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS The ENGINEER will be required to comply with Section 287.135, Florida Statues, specifically by executing the forms provided (attached). 14.0 RFQ #24-21, STANDARD TERMS AND CONDITIONS All terms and conditions as set forth in RFQ #24-21, Standard Terms of Conditions are incorporated by reference and hereto attached as Exhibit “A”. 15.0 ORDER OF PRECEDENCE Any inconsistency in documents relating to this AGREEMENT shall be resolved by giving precedence in the following order: (i) this AGREEMENT and subsequent Amendments; (ii) RFQ #24-21, Standard Terms and Conditions; and (iii) Work Orders. 8 16.0 INSURANCE REQUIREMENTS Insurance Requirements are set forth in Exhibit “C”, which is incorporated by reference and attached hereto. 17.0 TERMINATION FOR LACK OF FUNDING The CITY’S performance and obligation to pay under this AGREEMENT is contingent upon an annual appropriation by the Clearwater City Council. In the event the Clearwater City Council does not appropriate funds in a sufficient amount for the CITY to perform its obligations hereunder, the CITY may terminate this AGREEMENT upon thirty (30) days written notice to the ENGINEER. IN WITNESS WHEREOF, the parties hereto have made and executed this AGREEMENT on the date and year first above written. MOFFATT & NICHOL, INC., A California Corporation By: Print Name: Title: WITNESS: By: Print Name: Countersigned: CITY OF CLEARWATER Frank Hibbard Micah Maxwell Mayor Interim City Manager Approved as to form: Attest: Matthew J. Mytych, Esq. Rosemarie Call Assistant City Attorney City Clerk 9 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM PER SECTION III, ITEM 25, IF YOUR BID 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 ࠄ physical presence or ࠄ online notarization, this day of , 20 , by (name of person whose signature is being notarized) as the (title) of (name of corporation/entity), personally known to me as described herein , or produced a (type of identification) as identification, and who did/did not take an oath. Notary Public Printed Name My Commission Expires: NOTARY SEAL ABOVE 10 SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM PER SECTION III, ITEM 25, THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED, MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 5. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 6. 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 7. “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 8. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies 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 ࠄ physical presence or ࠄ 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 to me as described herein , or produced a (type of identification) as identification, and who did/did not take an oath. Notary Public Printed Name My Commission Expires: NOTARY SEAL ABOVE Moffatt & Nichol City of Clearwater Consultant Work Order Page 1 of 25 Revised: 8/3/2021 CONSULTANT WORK ORDER Date: September 14, 2021 1. PROJECT INFORMATION: Project Title: Clearwater Beach Marina Replacement City Project Number: 21-0008-MA City Plan Set Number: 2021015 Consultant Project Number: 211223 2. SCOPE OF SERVICES: This scope of services is for the Moffatt & Nichol Team to provide planning, permitting, and design for the City of Clearwater (City) for the replacement of the Clearwater Beach Marina. The marina replacement will consist of a new floating and fixed dock marina with associated marina utility upgrades, sidewalk replacement, minor drainage and minor architectural improvements including a potential collocated ticket sale kiosk for the commercial users. This scope includes the planning, permitting, and design of a new PSTA water taxi / ferry landing integrated into the marina redevelopment as outlined in RFQ 24-21. Moffatt & Nichol (M&N) and subconsultants will provide the City with the following services related to the redevelopment: planning and targeted stakeholder outreach; permitting; geotechnical, civil, coastal, structural, electrical, and mechanical engineering; architecture; and landscape architecture. The team will also provide technical support to the City during their preparation of a Request for Qualifications to select a Construction Manager at Risk (CMAR) for this project. Construction documents will be developed for the full scope of the project. The design plans shall be compiled using the City of Clearwater CAD standards, as attached. CONSULTANT WORK ORDER Clearwater Beach Marina Replacement Moffatt & Nichol 21-0008-MA City of Clearwater Consultant Work Order Page 2 of 25 Revised: 8/3/2021 I PRE-DESIGN PHASE: Task I.1. Project Kick Off The Project Team will attend a kick-off meeting and site visit with the City to review the project scope, key project goals, schedule, responsibilities, etc. • Key members of the Project Team will attend one (1) kick-off meeting at the marina. Following the meeting, the team will walk the site. • Prepare meeting agenda and initial project design schedule prior to kick-off meeting. Project schedule will be prepared using Microsoft Project and updated throughout the duration of the project. • Prepare meeting minutes following kick-off meeting using City’s preferred template. • Perform a detailed review of available documentation (studies, surveys, record drawings, etc.) and identify any data gaps. Task I.2. Fieldwork M&N will coordinate the fieldwork needed for planning and design of the project. This includes the geotechnical exploration and the marine resource survey as further outlined below. The City has recently completed topographic and bathymetric surveys for the project site. No survey work is included in this proposal. A. Geotechnical Exploration Driggers Engineering Services (DESI) will complete the geotechnical field exploration for the project. • Complete a geotechnical field exploration inclusive of: o 12 in-water soil borings, drilled to a depth of 50 feet at key locations around the marina basin. Water borings will be used for the design of the marina structures. o 6 upland SPT borings, drilled to a depth of 30 feet (or 180 total feet if deeper or shallower borings are determined to be necessary) at key locations inside the project limits. Landside borings will be used for the design of upland foundation structures, utility trench, and analysis of the existing seawall to implement repairs. o Collect dredge samples for contaminant testing as needed for permitting • Collect and test field samples to determine the soil classifications and properties to be used for the design of the marina structures. • Prepare a geotechnical report summarizing the findings from the exploration and recommendations for the design of the marina structures. Report to be CONSULTANT WORK ORDER Clearwater Beach Marina Replacement Moffatt & Nichol 21-0008-MA City of Clearwater Consultant Work Order Page 3 of 25 Revised: 8/3/2021 electronically signed/sealed by a Registered Professional Engineer and delivered in PDF format. B. Marine Resource Survey Wood Consulting, supported by Environmental Consulting & Technology (ECT), will complete an environmental resource survey of the project limits to identify the type, limits, and density of protected marine resources such as seagrass, mangroves, oysters, corals, etc. observed within the project limits. Survey to be delivered in PDF format. Task I.3. Utility Assessment M&N’s marina utility team consisting of three engineers representing electrical, water, and sanitary disciplines will conduct a one (1) day site visit to evaluate the existing marina utility infrastructure. Site visit will include the evaluation of the existing marina utilities and upland utility services for preparation of demolition drawings and coordination of new utility services. Site visit will be a non-destructive, visual assessment of the utilities supported by available as-built drawings provided by the City, as outlined below. No investigation or mapping of below ground utilities, building MEP, or life safety (within buildings) is included. • Investigate existing Duke Energy service and service entrance equipment. Coordinate with Duke Energy regarding available capacity to existing service. • Identify existing upland electrical loads/services which may need to be maintained and/or backfeed from new marina design. • Visual assessment of future/anticipated utility locations and routing. • Record specific vessel requirements including shore power and connection types. City to provide list of existing commercial vessel shore power requirements, preferences, and other utility needs (fuel, pumpout, etc.) (to be supplemented by survey – see Outreach section of proposal). • Identify existing communications/data provider service locations • Evaluate existing security/CCTV/access control infrastructure. • Evaluate current equipment condition and performance for sewage pumpout, potable water, fire water, and fuel. • Investigate lift station #81 which serves the marina sewage pumpout system, Bait House, and associated restrooms. • Evaluate the existing fuel system for reconfiguration and potential expansion. • Prepare a brief technical memorandum summarizing our observations from the utility assessment with an existing condition plan which will be used as the basis for the utility demolition drawings. Memorandum will be delivered electronically in PDF format. CONSULTANT WORK ORDER Clearwater Beach Marina Replacement Moffatt & Nichol 21-0008-MA City of Clearwater Consultant Work Order Page 4 of 25 Revised: 8/3/2021 Task I.4. Marina Market Analysis: M&N will evaluate the existing local boating market as it relates to slip size, distribution, and occupancy for use in planning the replacement of the Clearwater Beach Marina. M&N will conduct a limited marina market study of the regional commercial, transient, and recreational boating market and prepare a report summarizing the current market trends. • Define the competing market area using geographic and use type determinations. • Survey competing wet slip marinas within the market area to establish typical slip sizes, occupancy, dock types, fees, and amenities. The marina research will include a broad representation of wet slip marinas of similar size, scale, and function. Research will be limited to internet-based research, phone interviews with marina staff, and local knowledge (including City provided information for the Downtown and Beach Marinas). The survey will focus on the following: o The size and demand for slips in the region o The types of end users (transient, long term lease, seasonal, live aboard, etc.) that frequent the facility o Available amenities at existing facilities o Occupancy rates and waitlists • Prepare a summary report with results of the marina market survey with target slip mix, recommended amenities, and market rates, where available. The report will include documentation of the data sources as well as graphical representation of the data and results. Report will be delivered in PDF format. • Analysis will be based on existing conditions and existing regional competing marinas. Forecasting future demand and revenues for marina slips is not included in this scope of work. Task I.5. Master Planning The project team will work with the City of Clearwater to develop a Master Plan for the marina replacement. The Master Plan will incorporate the findings and recommendations from the other tasks in this scope of work. The Team will develop alternative marina concept layouts incorporating proposed docking facilities, pedestrian traffic flow, commercial ticket sale kiosks, commercial slip signage, and marina security. • Attend monthly meetings with the City to review project progress. M&N will prepare meeting agenda and update project design schedule prior to meetings and prepare meeting minutes following meetings. • Develop a preliminary marina program based on preliminary City, Harbormaster, and stakeholder’s input and considering prior reports and concepts provided by the City. The preliminary marina program will: CONSULTANT WORK ORDER Clearwater Beach Marina Replacement Moffatt & Nichol 21-0008-MA City of Clearwater Consultant Work Order Page 5 of 25 Revised: 8/3/2021 o Evaluate size and general location and integration of waterside and landside elements with consideration of environmental permitting constraints for the project site. o Consider user types and how they are located throughout the marina. o Consider visitor and user experience. • Lead one (1) design meeting with City Representatives and key design team members to present, review, and expand on the preliminary marina program. Meeting is expected to last four hours and can be hosted at the marina or other appropriate City venue. • The results of the design meeting will be used to generate marina concept layouts for City review and comment. M&N will prepare three (3) marina layouts. Up to three (3) iterations of the preferred layout are budgeted. Marina concepts will evaluate: o Slip distribution and dimensions using current market trends o Dock types (fixed and floating) o Compliance with environmental permitting regulations o Constructability and phasing considerations for the proposed layouts o Potential locations for a ferry dock. • A master plan concept will be developed using the input from the design meeting, the preferred marina layout, and with the consideration of the following: o Support facilities and amenities including fueling operations, marina utilities, security, and ADA-accessibility. o Stormwater requirements for landside development options. o Concept level utility impacts for proposed improvements. o Pedestrian circulation and options to reconfigure the ticket sale kiosks and improve flow and wayfinding on the sidewalk along the marina and Coronado Dr. • Prepare Master Plan Figures and Renderings that capture the project vision. o One (1) draft rendered master plan will be prepared based on input from design team during the master planning phase for City’s review and comment. o One (1) final rendered master plan will be prepared based on input from the City to use as the selected Master Plan for the project. o Two (2) rendered views highlighting specific components of interest will be prepared using the preferred concept. Renderings will not be photorealistic. • Prepare a concept-level Engineer’s Opinion of Probable Construction Cost (EOPCC) with Rough Order of Magnitude (ROM) Costs for primary master plan elements. Task I.6. Stakeholder Outreach The Project Team will prepare presentation materials and attend stakeholder meetings CONSULTANT WORK ORDER Clearwater Beach Marina Replacement Moffatt & Nichol 21-0008-MA City of Clearwater Consultant Work Order Page 6 of 25 Revised: 8/3/2021 during the master planning phase to present the project and gather input. Stakeholder outreach will include: • Prepare PowerPoint presentation and up to four (4) presentation boards for meetings. • Conduct in-person meetings with up to three (3) end user groups. o Meetings will be held at the marina offices o Meetings will solicit input from commercial users regarding their needs and concerns. o Evaluate marina access for commercial patrons and ticket kiosks. • Prepare a survey for the City to distribute electronically to existing marina tenants, specifically the commercial vessels, to identify their vessel requirements and preferences. Interpret survey results and prepare summary of tenant input. • Attend up to two (2) Marine Advisory Board meetings. o The first meeting is anticipated to occur at the beginning of the master planning phase to garner input that will be evaluated and incorporated into the master plan where appropriate. o The second meeting is anticipated to occur at the conclusion of the master planning phase to review the City’s selected plan. • Attend one (1) City council work session. • Attend one (1) City council meeting. • Prepare meeting minutes for the stakeholder meetings. II DESIGN PHASE: Task II.1. Coastal Engineering M&N will evaluate Meteorological and Oceanic (Metocean) conditions at the project site and develop a hydrodynamic model to evaluate tidal currents and water quality and to develop the performance criteria for the floating docks. Results of the analysis will be summarized in the Design Criteria Memorandum in Section II.3. • Review available metocean data from public sources including: o NOAA wind, tidal and current data. o Historical tidal data for operational water level ranges o Projected NOAA and USACE Sea Level Rise (SLR) rates o FEMA Flood Insurance Study and identify potential storm surge conditions for available/published return periods • Determine extreme and operational design wave conditions using existing data and analytical methods. Wave modeling is not included in this scope of work. CONSULTANT WORK ORDER Clearwater Beach Marina Replacement Moffatt & Nichol 21-0008-MA City of Clearwater Consultant Work Order Page 7 of 25 Revised: 8/3/2021 • Develop a hydrodynamic model to evaluate tidal currents in the project vicinity for design consideration. Using the MIKE 21 HD model, develop a model grid using available bathymetric and topographic data of the site and surrounding areas. No new data collection is included. • Complete a flushing analysis (required for permitting) to estimate the tidal flushing capability and residence time of the marina basin based on bathymetry and water level data using the MIKE21 HD/AD model. o The hydrodynamic model developed for the hydraulic analysis will be used in conjunction with the advection/dispersion model to evaluate flushing. o A theoretical non-decaying tracer will be used in the model within the marina basin. Tidal exchange will be simulated over a four-day period to determine the remaining tracer vs. the original tracer in accordance with FDEP requirements. o Existing conditions and proposed conditions will be simulated (if different) and compared to demonstrate impacts of the proposed marina development on flushing. o Calibrating the model with field collected data is not included in this scope of services. Field data may be requested by the permitting agencies to measure current flow data to verify the inputs of the hydrodynamic flushing model. Task II.2. Seawall Repair & Dredging Permit Drawings A 2020 seawall inspection report identified the need for seawall repair and replacement with general recommendations and approximate repair extents. The repairs recommended in the report consisted of cap repair and installation of soil anchors. These above water repairs should qualify as exempt activities from the state. M&N will complete 30% design of the seawall repairs and prepare a permit drawing set to be submitted with the FDEP exemption request under Task II.4. Other components of the project that are considered exempt activities from the state are maintenance dredging and demolition. M&N will also complete 30% dredge and demolition drawings for incorporation with the permit drawings for the permit exemption request. • Conduct a site visit and make wall observations using kayaks during low tide to observe the above water portion of the seawall. o Observe the above water condition of the seawall and confirm the applicability and extents of the recommended repairs. o Collect field data, including stationing and size of repair, needed for preparation of seawall repair drawings. o Site visit includes two (2) people for (2) days. Additional inspection (above and below water) is not included in this scope of work. CONSULTANT WORK ORDER Clearwater Beach Marina Replacement Moffatt & Nichol 21-0008-MA City of Clearwater Consultant Work Order Page 8 of 25 Revised: 8/3/2021 • Complete preliminary structural design of the seawall repairs. The repairs are anticipated to include select replacement of the existing seawall cap in-kind and installation of new tieback system with soil anchors to restrain the wall. Bulkhead replacement design, if required, is not included in this scope. • Complete preliminary dredge design and dredge quantities using AutoCAD Civil3D to remove “high spots” in marina basin. • Prepare permit drawings with the necessary level of detail to commence the environmental permitting process (permit exemption request) and refine project budget. Drawings are anticipated to include: o Coversheet and Index of Drawings o General Notes o Environmental notes and details o Existing conditions plan o Demolition plan and typical details o Overall site plan o Maintenance dredge plan and typical sections o Dredged Material Disposal o Seawall repair plan(s) and typical sections Task II.3. 30% Submittal The M&N team will provide preliminary design services and prepare 30% construction documents for the project based on the approved master plan developed in Section 1. Drawings will include suitable detail to initiate the environmental permitting phase, upland utility coordination, and for inclusion in the City’s upcoming RFQ for selection of a Construction Manager at Risk (CMAR). The project team will complete the following scope of work for 30% Design Submittal: • Attend monthly meetings with the City to review project progress. M&N will prepare meeting agenda and update project design schedule prior to meetings and prepare meeting minutes following meetings. • Update EOPCC for 30% design. • Develop project phasing plans based on anticipated construction sequencing and available budget. • Prepare a Design Criteria Memorandum which will serve as the Basis of Design for this project. The memorandum, which will serve as a living document throughout the design phase of the project, will include the results of the coastal engineering analysis completed in Task II, and summarize the initial marina programming decisions including dock geometry and phasing as well as spatial, environmental, sustainability/resiliency, and other requirements for upland support amenities, CONSULTANT WORK ORDER Clearwater Beach Marina Replacement Moffatt & Nichol 21-0008-MA City of Clearwater Consultant Work Order Page 9 of 25 Revised: 8/3/2021 utilities, and materials. The project’s sustainability goals will be guided by the City’s published sustainability plan, Greenprint 2.0. • Prepare 30% level construction drawings. The following drawings are anticipated for all disciplines: o Coversheet and Index of Drawings o General Notes o Environmental notes and details o Existing Conditions Plan(s) o Demolition Plans and Sections o Overall Site Plan o Phasing Plan o Structural Plan(s) and Typical Sections o Electrical Routing Plans and Single Line Diagrams o Marina Water and Sanitary Plans and Typical sections o Marina Utility Routing Plans o Grading and Drainage Plans and Details o Onsite Utility Plans o Site Hardscape Plan o Landscape Development Plan and Details o Irrigation Head Layout and Details o Architectural Site Plan o Building Plans, Sections and Elevations A. Marina Structures Design of the marina structures will be completed by M&N and includes the horizontal marina components from the seawall and waterward. 30% design of the marina structures includes: • Evaluate dock type and material alternatives for dock system based on environmental exposure and City’s preferences. The results of the coastal analysis and consideration of vessel needs will inform the dock selection and final marina configuration. M&N will evaluate the suitability of floating and fixed dock types as well as the orientation of the docks based on the results of the coastal analysis. If concrete floating docks are not suitable based on the environmental exposure at the project site, alternatives will be provided to the City for review and decision. Additionally, M&N will evaluate the feasibility of a building on a floating platform to support fuel sales operations. • Refine marina layout and detail overall dock geometry. Minor revisions to optimize the master plan layout are included. • Prepare demolition plans for docks and dock utilities reflecting phasing. CONSULTANT WORK ORDER Clearwater Beach Marina Replacement Moffatt & Nichol 21-0008-MA City of Clearwater Consultant Work Order Page 10 of 25 Revised: 8/3/2021 • Complete preliminary design of the fixed structures which are anticipated to include: o Pile-support gangway platforms at the marina access points. One platform design is assumed. o Fixed dock structure. One dock structure type (one material and typical width) is included. o Design of a pile supported building foundation is not included. The building, if deemed feasible given the exposure, is assumed to be attached to a floating platform. Building load criteria will be specified for final design of the platform and structural connections by the dock manufacturer. B. Marina Utilities Design of the marina utilities will be completed by M&N, and the scope of the marina utilities is from the seawall waterward except where specified otherwise. The marina utilities are anticipated to consist of shore power, solar lighting, CCTV, access control, communications/Wi-Fi, water, fire protection, sewage pumpout, and fuel. A utility duct bank installed landside of the seawall, if required, will be considered part of the marina utilities and included in this scope. 30% design of the marina utilities includes: • Develop utility routing plans to initiate coordination with utilities/service providers, considering the phasing defined in the selected master plan. • Estimate water, sewer, and fire water demands for the marina and coordinate utility requirements with upland design. • Estimate power demands for the proposed marina slip layout and prepare a Utility Service Demand Letter as required to begin coordination with Duke Energy. • Specify marina power requirements at each slip. • Identify major pieces of electrical distribution equipment. Coordinate landside utility service locations and estimated footprint with the Project Team for incorporation into the overall site design. This includes coordination with the Authority Having Jurisdiction (AHJ) for utility service elevation requirements. • Define fuel system modifications and routing. Fuel system will service dispensers on new fuel dock as well as provide fueling options for fueling the larger commercial vessels along the seawall. • Initiate coordination with the City’s preferred communications/Wi-Fi and CCTV vendors to understand their infrastructure requirements. M&N will coordinate with these vendors during the final design phase and incorporate infrastructure provisions for these services. • Attend one site visit and up to two (2) coordination meetings with Duke Energy to discuss service size and locations. Meetings with other utility departments are included in other subtasks. CONSULTANT WORK ORDER Clearwater Beach Marina Replacement Moffatt & Nichol 21-0008-MA City of Clearwater Consultant Work Order Page 11 of 25 Revised: 8/3/2021 C. Civil Engineering / Landscape Architecture Civil engineering/Landscape Architecture will be completed by Kimley-Horn and includes the horizontal components of the project landside of the seawall. 30% design of civil engineering and landscape architecture includes: • Preliminary site grading and drainage design. Coordinate with the design team to establish desired site grades for the features identified in approved master plan. • Preliminary design of upland water, sewer, and fire lines. Offsite utilities outside the marina parking lot are not included. • Limited hydraulic modeling for water demand for the new marina. Estimated marina demands based on slip mix will be used in overall demand calculations. • Collaborate with the City and make recommendations on preferred plant species for specified areas within the project limits. • Prepare preliminary landscape/hardscape layout and a board/summary of proposed hardscape and plant palette material to be used in different zones. D. Architecture Architecture scope will be completed by WJA and includes the vertical elements of the project including architecture, building structural, mechanical, electrical, and plumbing (MEP). 30% design for architecture includes: • Architecture site plan. • Demolition plan for existing structures: o Overwater buildings. o Minor landside structures. • Preliminary design of the vertical structures: o Minor renovations to existing building such as lighting upgrades and shade canopies to exterior of existing building. o Ticket kiosks. One ticket kiosk design is assumed (approximately 10’ x 10’ footprint) with minor architectural tweaks for up 3 different locations. o Prefabricated shade structures. o Overwater fuel dock office with restroom. • Incorporate photovoltaic elements such as solar lighting on docks and walkways and electric vehicle charging stations in the parking lot. Evaluate the feasibility of additional photovoltaic design elements such as solar panels. A simple system such as flexible peel and stick PV modules will be incorporated into kiosk or shade structure design at the 60% design stage if deemed feasible for this project. More complex systems beyond solar lighting, charging stations, and peel and stick modules will be considered additional services and can be provided in a separate scope of work. CONSULTANT WORK ORDER Clearwater Beach Marina Replacement Moffatt & Nichol 21-0008-MA City of Clearwater Consultant Work Order Page 12 of 25 Revised: 8/3/2021 Task II.4. Permitting M&N and Woods Consulting will attend pre-application meetings and prepare environmental permit application packages for the marina replacement to submit to Federal, State, and Local (County) regulatory agencies, and coordinate with the regulatory agencies throughout the review process. Upon completion of the construction documents, Kimley-Horn will provide upland permitting services with the City and State for the stormwater system. A. Environmental Permitting • Prepare for and attend pre-application meetings and/or phone calls with the following regulatory agencies to review the project and develop a permitting strategy for the project. o Federal - U.S. Army Corps of Engineers (USACE) o State – Florida Department of Environmental Protection (FDEP) o Local - Pinellas County Water and Navigation Control Authority (PCWNCA) • Attend one (1) call with the project team following regulatory meetings to review strategy and steps forward. • Woods Consulting will prepare and submit an FDEP exemption request for the seawall-repairs/replacement and other exempt activities which are anticipated to include maintenance dredging and demolition. • Woods Consulting will prepare permit application packages for the Federal, State, and County permitting with technical input from M&N based on established permitting strategy. Application packages will be submitted to the City for review and signature prior to submittal to agencies for review and processing. • Prepare a temporary permit application for temporary mooring of displaced vessels during construction. This scope of work assumes the temporary mooring facility will be located within the footprint of the proposed marina facility. • Confer with regulatory staff to further advise them of the details of the Project and to address staff comments or requests for additional information (RAIs). Woods Consulting will coordinate with M&N and the City to address technical questions, drawing/design revisions, and/or additional items that may be required by agency staff. • Permit drawings, marine resource survey, and hydrodynamic flushing study required for environmental permitting process will be provided by the project team under Fieldwork (I.2) and Coastal Engineering (II.1) tasks. Water quality testing or other testing/surveys not known at this time are not included in this scope of work. The City will be advised of any additional scope/fees required due to unanticipated environmental impacts, design changes, or other issues. CONSULTANT WORK ORDER Clearwater Beach Marina Replacement Moffatt & Nichol 21-0008-MA City of Clearwater Consultant Work Order Page 13 of 25 Revised: 8/3/2021 • The scope of this task assumes that the proposed marina footprint will be located within the City’s property boundary and the total quantity of proposed slips will not exceed what is existing. o Submerged land lease: If the marina extends onto state owned submerged lands, a submerged land lease will be required. Submerged land lease coordination or preparation is not included in this task. o Protected species impact reviews: Manatee impacts and biological impact statements/minimization measures, or negotiations with USFWS are not included in this task, but will be required if expansion results in more wet slips. • Permitting for civil utilities and stormwater, as needed, is included under other tasks. • An allowance of $10k has been included for environmental permitting fees for FDEP permit application fee and temporary mooring permit application fee. B. Upland Civil Permitting • Prepare and submit an FDEP/SWFWMD exemption request for the proposed upland improvements. • Prepare and submit a City of Clearwater Site Civil Permit. • Submit application packages to the City for review and signature prior to submittal to agencies for review and processing. • Review and respond to up to two (2) requests for information during the agency review process for obtaining the upland permits. Task II.5. Grant Services M&N will identify potential Federal and State grant sources for the proposed marina redevelopment. A number of funding sources, e.g. grants, are available for recreational boating facilities and other publicity accessible waterfront developments. M&N will prepare a grant matrix summarizing potential grant sources and associated application contacts, deadlines, probabilities, disbursement schedule, and requirements. The scope of this task includes assisting the City with applications for the FDEP Clean Vessel Act grant program for public pumpout facilities (assumes current pump-out facility is not already encumbered under a CVA grant) and one (1) of the U.S. Fish and Wildlife Service boating grants; either the Boating Infrastructure Grant (BIG) Program for transient boat docks or Florida Boating Improvement Program (FBIP) grant for the public access docks which are administered by the Florida Fish and Wildlife Conservation Commission (FFWCC). These grants require a minimum 25% match by the City. If other grants are identified in the grant research portion of this task, applications for these grants may be provided under a separate scope of work. CONSULTANT WORK ORDER Clearwater Beach Marina Replacement Moffatt & Nichol 21-0008-MA City of Clearwater Consultant Work Order Page 14 of 25 Revised: 8/3/2021 M&N will prepare the technical writeup, construction cost estimates, and supporting exhibits for the two (2) grant applications identified above. The City is responsible for signing applications and for providing property ownership, financial, operations, and insurance information requested by grant agencies. M&N cannot guarantee a successful grant award, but will work with the Client and grant agencies to leverage project components to maximize available ranking points. Task II.6. City Planning & Permitting • Attend one (1) comprehensive pre-application meeting with the following City departments: Fire department, Public Utilities Department, Stormwater Engineering, building, zoning, and planning during preliminary design stage. Prepare meeting minutes following the meeting. • Attend up to two (2) Beach by Design meetings to coordinate architectural design information and project vision. • Attend up to two (2) Public Art meetings. • Assumes CMAR will be responsible for obtaining other local permits such as building permits and trade permits, based on the EOR developed Construction Documents. M&N will provide technical support to CMAR including responses to requests for information and drawing revisions, as applicable. Scope includes up to four (4) requests for information from building department review. III FINAL DESIGN PHASE: Task III.1. 60% Submittal The M&N team will advance the design and detailing of architectural, structural, civil, utility, and landscape components to 60% design and prepare and 60% level design documents for City review. The 60% design submittal will build from the 30% design submittal and incorporate the City’s comments. The submittal will also be coordinated with the selected CMAR, and the documents will be provided to the CMAR to update the project budget. The project team will complete the following scope of work for 60% Design: • Attend monthly meetings with the City to review project progress. M&N will prepare meeting agenda and update project design schedule prior to meetings and prepare meeting minutes following meetings. • Update project phasing plans based on anticipated construction sequencing and CMAR budget. • Update Design Criteria Memorandum to include the following design decisions. o Dock loading (dead, live, wind, berthing, etc.) CONSULTANT WORK ORDER Clearwater Beach Marina Replacement Moffatt & Nichol 21-0008-MA City of Clearwater Consultant Work Order Page 15 of 25 Revised: 8/3/2021 o Environmental design parameters (wind, wave, etc.) for the design of dock structures. o Material Selection and finishes o Final marina program including spatial, environmental, and other requirements for upland support amenities and utilities. • Prepare list of technical and performance specifications for primary project components. • Prepare 60% construction drawings for City review and comment based on 30% design layout. The following drawings are anticipated for all disciplines: o Coversheet and Index of Drawings o General Notes o General Arrangement Plan o Phasing Plans o Existing Conditions Plans o Demolition Plans, Sections, and Details o Demolition Plan and Details o Overall Site Plan o Maintenance dredge Plan, Notes, and Sections o Dredged Material Disposal Plan and Containment Area Details o Overall Marina Structural Plan o Seawall repair Plans, Sections, and Details o Enlarged Marina Plans o Dock Sections and Details o Electrical Plans, Notes, Details, Single Line Diagrams, and Schedules o Marina Utility Routing Plans o Marina Potable Water, Fire Water, and Sanitary Plans, Notes, and Details o Fuel System Modification Plans and Details o Grading and Drainage Plans and Details o Stormwater Pollution Prevention Plans o Onsite Utility Plans and Details o Site Hardscape Plan and Details o Landscape Development Plan and Details o Lighting Plans, Details, and Luminaire Schedules o Irrigation Head Layout and Details o Architectural Site Plan and Details o Diagrammatic Layouts for Building Systems o Building Plans, Sections and Elevations o Photovoltaic Plan and Details • Update EOPCC for 60% design stage. CONSULTANT WORK ORDER Clearwater Beach Marina Replacement Moffatt & Nichol 21-0008-MA City of Clearwater Consultant Work Order Page 16 of 25 Revised: 8/3/2021 A. Marina Structures 60% design of the marina structures includes: • Progress dock layout and detailing to 60% level including locating primary dock equipment and appurtenances such as pedestals, gangway landings, seating, fishing cleaning stations, dock boxes, cleats, ladders, life rings, etc. • Develop performance criteria for floating dock marina to be incorporated in the technical and performance specifications in the final design phase. • Complete 60% design of the fixed gangway platforms and dock structures. • Following approval of the FDEP exemption, M&N will complete final design of the seawall repairs, maintenance dredging, and demolition. These project elements will be detailed to 100% construction document level to allow construction to commence. B. Marina Utilities 60% design of the marina utilities includes: • Update the utility demands for potable water, fire protection, sewage pump-out, and electrical loads for the marina utilities. • Progress utility routing to 60% level design and size major dock equipment such as pedestals, pipes, conduits, etc. • Develop hydraulic models of utility systems and hydraulic calculations to validate sizing of proposed water, sewer, and fire water systems. The utility demand for the marina utilities will be provided to the upland civil engineer (Kimley-Horn) who will coordinate the utility connections with the City. • Coordinate with pump-out vendors to size an appropriate system for the design vessels. Coordinate sewer and pump out connections for overwater restroom associated with fuel sales building. • Design fire protection system in accordance with NFPA 303 and NFPA 14. The design is anticipated to consist of a Class 1 manual dry or wet standpipe system with one or more fire department connections (FDC) located landside. • Calculate electrical equipment sizes/ratings. Electrical distribution is assumed to be at 480V, 3Phase. Additional utilization voltages (120/240V, 208Y/120V) will be transformed, as required. • Define dispenser locations, routing, and general performance requirements for fuel system modifications. The fuel system will be a performance specified system for a fuel vendor to complete the final engineering design and installation. • Design utility duct bank landside of seawall, if required. C. Civil and Landscape 60% design of the civil engineering and landscape architecture includes: CONSULTANT WORK ORDER Clearwater Beach Marina Replacement Moffatt & Nichol 21-0008-MA City of Clearwater Consultant Work Order Page 17 of 25 Revised: 8/3/2021 • Progress grading, drainage, onsite utility, irrigation, and landscape design to 60% level. • Progress planting plan to include different plant palettes for use in the various zones as requested by the Client. The planting plan will identify canopy trees, accent/flowering trees, palms, and areas of shrubs and groundcover and include rough spacing and quantities. • Prepare a stormwater pollution prevention plan. D. Architecture 60% design of architecture includes: • Progress architectural and building design to 60% level to illustrate and describe the development to 60% design. • Prepare diagrammatic layouts of building systems necessary to convey the character of the project. • Progress photovoltaic integration design including PV system performance, solar panels, inverter specification, and PV A/C integration. Task III.2. Final Design & Construction Documents The M&N team will complete the final design and detailing of architectural, structural, civil, utility, and landscape components and prepare draft-final (90% level) and final (100%) construction documents. The final design will incorporate City comments from 60% submittal and build on the approved master plan. The design will be coordinated with the selected CMAR and the documents will be provided to the CMAR to finalize their construction budget. The construction documents will include a combination of drawings, technical specifications, and performance specifications detailing final dock geometry, facility function design requirements, final utility routing, civil grading/drainage, final landscape/hardscape, and architectural details as outlined below. The project team will complete the following scope of work for final design: • Attend monthly meetings with the City to review project progress. M&N will prepare meeting agenda and update project design schedule prior to meetings and prepare meeting minutes following meetings. • Finalize project phasing plans based on anticipated construction sequencing and CMAR budget. • Finalize Design Criteria Memorandum with final performance requirements, material selections, finishes, etc. • Prepare technical and performance specifications for primary project components. • Prepare construction drawings at draft (90%) and final (100%) level design for City review and contractor pricing. Upon approval of final construction drawings, provide signed/sealed drawings for City permitting and construction. CONSULTANT WORK ORDER Clearwater Beach Marina Replacement Moffatt & Nichol 21-0008-MA City of Clearwater Consultant Work Order Page 18 of 25 Revised: 8/3/2021 • One comprehensive drawing set with Marine Structural, Marina Utilities, Civil, Landscape, Irrigation, Architectural, Building Structural, and MEP will be provided for entire project including phasing. CMAR is responsible for separating the disciplines as desired for bidding to qualified contractors. • Update EOPCC at 90% and 100% design stages. A. Marina Structural [M&N] Final design of the marina structures includes: • Prepare performance specifications for a floating dock vendor to complete the final engineering design of the floating docks, floating building platform (if applicable), and gangways based on the selected system of floating docks. Drawings will detail overall geometry, ADA compliant access, and location of utilities and appurtenances. Performance Specifications will incorporate data from design criteria memorandum, final material selections, and requirements for the dock restraint system (i.e. guide piling). • Complete final design and detailing of the fixed structures. B. Marina Utilities [M&N] Final design of the marina utilities includes: • Complete final design of the marina electrical system including shore power to each boat slip, security level lighting on docks, and required electrical distribution equipment. Design will include infrastructure provisions for vendor supplied systems such as CCTV, Wi-Fi, and access control in the marina construction documents. These systems will be selected and integrated into the marina management system by the City. • Complete final design of potable water, sewage pump-out, fuel, and fire protection systems for the marina. Prepare final hydraulic calculations to validate sizing of proposed utility systems. C. Civil and Landscape [KH] Final design of the civil engineering and landscape architecture: • Complete final design of the grading and drainage components. o Driveways, parking lots, sidewalks, bike lane, and roadway improvements, as applicable. Staking information and dimensions will be provided to assist the contractor in site layout and provide horizontal control of the proposed improvements. o Signage and Striping. o Spot elevations in critical areas, proposed contour lines interpolated between spot elevations, and building pad finished floor elevations will be shown within CONSULTANT WORK ORDER Clearwater Beach Marina Replacement Moffatt & Nichol 21-0008-MA City of Clearwater Consultant Work Order Page 19 of 25 Revised: 8/3/2021 the proposed grading plan. Storm drainage pipes and stormwater management facilities will be sized and specified in accordance with City requirements. • Prepare final stormwater Pollution Prevention Plans per State and City requirements. The location and identification of specific erosion and sediment control measures, or Best Management Practices (BMPs) will be delineated within the plans and will include proposed grading and drainage improvements. Additional measures may be required during various phases of construction. • Complete final design of the onsite water and sewer utilities to connect marina potable water, sanitary sewer, and fire water systems to the City’s water and sewer main. Drawings will contain horizontal and vertical (sanitary sewer) information of the proposed system, as well as the City’s typical standard utility details and specifications. o The proposed water and sewer utilities will be designed in accordance with the current Florida Department of Environmental Protection and City requirements. The water service to existing and/or future buildings is not included in this task. It is assumed that no new lift station will be required. o Final design of fire water line includes hydrant and marina FDC, sized using water demands calculated by M&N in marina utilities task. Fire water design does not include building fire protection. • Complete final planting plan and tree mitigation plan. Tree mitigation plan will include tree mitigation notes, specifications and tree protection fencing limits and details. • Prepare final irrigation plan identifying locations and types of equipment and materials including mainline, lateral lines, valve boxes, controllers, spray heads and drip tubing. • Complete final design of hardscape, miscellaneous site structures, and amenities and incorporate details provided by the Architect into final landscape architectural drawings. Hardscape and amenity details are anticipated to include: o Pavers, concrete, decorative concrete or similar for pedestrian and vehicular areas. o Site furnishings and installation details o Utility slab foundations o Stairs, Seat walls and low retaining walls o Fences and railings • Prepare lighting concept package, design narrative, electrical site plan, and luminaire schedule with images of proposed fixture types in coordination with the Client and the overall project design aesthetic. CONSULTANT WORK ORDER Clearwater Beach Marina Replacement Moffatt & Nichol 21-0008-MA City of Clearwater Consultant Work Order Page 20 of 25 Revised: 8/3/2021 D. Architecture [WJA] Final design of architecture includes: • Complete final architectural and building design and prepare detailed construction drawings and specifications the describe requirements for construction of the work. Final design does not include life cycle cost, energy analysis (FLEET), or LEED consultation. • Prepare diagrammatic layouts of building systems necessary to convey the character of the project. • Define signage for wayfinding and commercial slips. Commercial slip signage is assumed to include one typical design in accordance with City code. Scope includes coordination with one (1) signage company. IV BIDDING PHASE: Task IV.1. CMAR RFQ Support The Project Team will assist the City during the CMAR selection process. It is assumed that the City will lead this process with the following technical input from the Project Team: • Provide list of qualified construction managers and marine contractors • Prepare scope of work description for RFQ • Review contractor qualifications section and recommend edits, if needed • Provide responses to requests for additional information pertaining to the technical scope of work during the RFQ period. 3. PROJECT GOALS: • Meeting minutes in MS Word and PDF format o 1 Kick-off meeting o 12 City project progress meetings (monthly) o 7 stakeholder outreach meetings and work sessions. • Fieldwork: o Geotechnical Report (signed and sealed) in PDF format o Marine Resource Survey in PDF and CAD format o Utility Assessment Memorandum in PDF format • Marina Market Analysis Report in PDF format • Marina master plan and renderings in PDF format • Concept level EOPCC based on Master Plan in PDF format • Design Criteria Memorandum in PDF format • 30% Submittal (drawings) in PDF format CONSULTANT WORK ORDER Clearwater Beach Marina Replacement Moffatt & Nichol 21-0008-MA City of Clearwater Consultant Work Order Page 21 of 25 Revised: 8/3/2021 • 30% EOPCC in PDF format • Permit Application Packages in PDF format • Grant Applications in PDF format • 60% Submittal (drawings, list of specifications) in PDF format • 60% EOPCC in PDF format • 90% Submittal (drawings, specifications) in PDF format • 100% Construction Documents (drawings, specifications) in PDF format • 100% Construction Documents (signed & sealed) in Hard Copy (Arch D, 5 copies) • 100% EOPCC in PDF Format • CMAR RFQ Scope Narrative in MS Word and PDF format 4. FEES: See Attachment “A”. This price includes all labor and expenses anticipated to be incurred by Moffatt & Nichol for the completion of these tasks in accordance with Professional Services Method “B” – Lump Sum – Percentage of Completion by Task, for a fee not to exceed One Million Four Hundred Eighty-Four Thousand, One Hundred Seventy-four Dollars and Fifty Cents ($ 1,484,174.50). The permit application fees will be paid by the consultant and invoiced to the City as a reimbursable. 5. SCHEDULE: The project is to be completed in 12 months from issuance of notice-to-proceed. The project deliverables are to be phased as follows: Master Plan: 70 calendar days 30% Submittal: 84 calendar days Permit applications:* 14 calendar days 60% Submittal: 84 calendar days 90% Submittal: 84 calendar days Final Construction Documents: 28 calendar days *Permitting review/approvals are not included in this schedule. The permit applications will be used to initiate the environmental permitting process; however, duration of this process varies by project and agency reviewer and is outside of the Consultants’ control. CONSULTANT WORK ORDER Clearwater Beach Marina Replacement Moffatt & Nichol 21-0008-MA City of Clearwater Consultant Work Order Page 22 of 25 Revised: 8/3/2021 6. STAFF ASSIGNMENT: Consultant Team Moffatt & Nichol (M&N) – Project management, marina planning and design, coastal engineering, marine structural engineering, marina utility (mechanical, plumbing, electrical) engineering. Wannemacher Jensen Architects (WJA) – Architecture and building S/MEP. Kimley-Horn and Associates (KH) – Civil engineering, landscape architecture, onsite utility engineering Woods Consulting (Woods) – Environmental Permitting Driggers Engineering Services (DESI) – Geotechnical engineering City of Clearwater Staff: Jeff Walker, P.E. Project Manager Ed Chesney, P.E. Marine & Aviation Director 7. CORRESPONDENCE/REPORTING PROCEDURES: Consultant’s project correspondence shall be directed to: Moffatt & Nichol 501 E. Kennedy Blvd, Suite 1910 Tampa, FL 33602 813.258.8818 Project Manager Nicole Pauly, P.E. npauly@moffattnichol.com 305.393.1939 Project Director Michael Herrman, P.E. mherrman@moffattnichol.com 813.463.4423 All City project correspondence shall be directed to: Jeff Walker, P.E. 100 S. Myrtle Ave. Clearwater, FL 33756 727.562.4827 Jeff.Walker@myclearwater.com CONSULTANT WORK ORDER Clearwater Beach Marina Replacement Moffatt & Nichol 21-0008-MA City of Clearwater Consultant Work Order Page 23 of 25 Revised: 8/3/2021 With copies to others as appropriate. 8. INVOICING/FUNDING PROCEDURES: City Invoicing Code: _3327332-530100-C1905 For work performed, invoices shall be submitted monthly to: City of Clearwater Engineering Department Attn: Brooke Freeman, Accountant 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 Clearwater Beach Marina Replacement Moffatt & Nichol 21-0008-MA City of Clearwater Consultant Work Order Page 24 of 25 Revised: 8/3/2021 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 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: The M&N Team does not issue environmental or construction permits and cannot control agency permit review and issuance timelines. The project schedule is predicated on assumed agency responsiveness but delays due to permitting agency processing are outside of the Consultants’ control. CONSULTANT WORK ORDER Clearwater Beach Marina Replacement Moffatt & Nichol 21-0008-MA City of Clearwater Consultant Work Order Page 25 of 25 Revised: 8/3/2021 13. SIGNATURES: PREPARED BY: APPROVED BY: Michael Herrman, P.E. Tara Kivett, P.E. Vice President City Engineer Moffatt & Nichol City of Clearwater Date Date ATTACHMENT “A” CONSULTANT WORK ORDER – PROJECT FEES TABLE Clearwater Beach Marina Replacement Moffatt & Nichol 21-0008-MA City of Clearwater Consultant Work Order – Project Fees Table Page 1 of 1 Revised: 8/3/2021 CONSULTANT WORK ORDER PROJECT FEES TABLE Task Description Subconsultant Services Labor Total 1.0 Pre-Design 1.1 Project Kick-off $ 7,843.00 $ 11,274.00 $ 19,117.00 1.2 Fieldwork $ 91,718.00 $ 5,264.00 $ 96,982.00 1.3 Utility Assessment $ - $ 17,148.00 $ 17,148.00 1.4 Marina Market Analysis $ - $ 13,996.00 $ 13,996.00 1.5 Master Planning $ 94,303.00 $ 50,532.00 $ 144,835.00 1.6 Public Outreach $ 20,817.50 $ 22,576.00 $ 43,393.50 Pre-Design Total: $ 335,471.50 2.0 Design 2.1 Coastal Engineering $ - $ 42,386.00 $ 42,386.00 2.2 Seawall Repair Permit Drawings $ - $ 34,932.00 $ 34,932.00 2.3 30% Submittal $ 75,212.50 $ 115,822.00 $ 191,034.50 2.4 Permitting $ 64,768.00 $ 31,690.00 $ 96,458.00 2.5 Grant Services $ - $ 23,832.00 $ 23,832.00 2.6 City Planning & Permitting $ 20,471.00 $ 10,032.00 $ 30,503 Design Total: $ 419,145.50 3.0 Final Design Plans and Specifications 3.1 60% Submittal $ 69,162.50 $ 176,892.00 $ 246,054.50 3.2 Final Design & Construction Documents $ 97,471.00 $ 224,268.00 $ 321,739.00 Final Design Plans and Specifications Total: $ 567,793.50 4.0 Bidding 4.1 CMAR RFQ Support $ 15,741.00 $ 11,098.00 $ 26,839.00 Bidding Services Total: $ 26,839.00 SUBTOTAL, LABOR, AND SUB-CONTRACTORS $ 1,349,249.50 5.0 Contingency (~10% project budget) $ 134,925.00 GRAND TOTAL $ 1,484,174.50 ATTACHMENT “B” CONSULTANT WORK ORDER – CITY DELIVERABLES Clearwater Beach Marina Replacement Moffatt & Nichol 21-0008-MA City of Clearwater Consultant Work Order – City Deliverables Page 1 of 1 Revised: 8/3/2021 CONSULTANT WORK ORDER CITY DELIVERABLES 1. FORMAT: The design plans shall be compiled utilizing the following methods: 1. City of Clearwater CAD standards. 2. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. 2. DELIVERABLES: The design plans shall be produced on bond material, 24" x 36" at a scale of 1" = 20’ unless approved otherwise. Upon completion the consultant shall deliver all drawing files in digital format with all project data in Autodesk Civil 3D file format. NOTE: If approved deviation from Clearwater CAD standards are used the Consultant shall include all necessary information to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard release of Autodesk, Inc. software. All block references and references contained within the drawing file shall be included. Please address any questions regarding format to Mr. Tom Mahony, at (727) 562-4762 or email address Tom.Mahony@myClearwater.com. All electronic files (including CAD and Specification files) must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. 1) ARO Engineering, LLC 2) Atkins North America, Inc 780 94th Ave N, Ste 102 4030 W Boy Scout Blvd, Ste 700 St. Petersburg, FL 33702-2454 Tampa, FL 33607727-527-5900 571.423.8065 3) Cummins Cederberg, Inc 4) GHD Services Inc. 735 Ar;omgtpm Ave N, Ste 205 5904 Hampton Oaks Parkway, Suite F St Petersburg, FL 33701 Tampa, FL 33610 727.992.2028 813-765-3990 Certified Small Business 5) Moffatt & Nichol, Inc.6) Sea Diversified, Inc. 501 E. Kennedy Blvd., Ste. 1910 160 Congress Park Dr. Suite 114Tampa, FL 33602 Delray Beach, Fl 33445 813-258-8818 561-243-4920 Certified Small Business 7) Tetra Tech, Inc.8)WGI, Inc. 759 S. Federal Highway, Suite 314 311 W. Dr. MLK Jr. Boulevard, Suite 375 Stuart, Fl 34994 Tampa, Fl 33607 772-781-3400 813-739-7420 ADVERTISED: TAMPA BAY TIMES 4/21/2021 POSTED:myclearwater.com 04/20/21-06/09/21 Due/Opening: June 9, 2021; 10:00 a.m. REQUEST FOR QUALIFICATIONS TO BID No. 24-21 Design Services - Clearwater Beach Marina Replacement Solicitation Response Listing FOR THE CITY OF CLEARWATER Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9748 Agenda Date: 10/7/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 7.8 SUBJECT/RECOMMENDATION: Authorize purchase orders to multiple vendors for the purchase of vehicle parts for heavy and light duty city vehicles and equipment in the not-to-exceed amount of $1,500,000.00 for term October 1, 2021 through September 30, 2022 pursuant to City Code of Ordinances Section 2.563(1)(a) Single source, Section 2.563 (1)(b) Micro purchases, and Section 2.563 (1)(c) Piggyback and authorize the appropriate officials to execute same. (consent) SUMMARY: The Fleet Division is requesting authorization to purchase vehicle parts from various vendors for heavy and light duty city vehicles and equipment. Purchases will be obtained through various methods to include single source, micro purchases, and piggyback contracts. Additional vendors will be engaged if needed. Flexibility is requested to allow for expenditure of budgeted funds as needed through the year, in accordance with the intent of this general authorization, with the Procurement Division providing oversite. APPROPRIATION CODE AND AMOUNT: 05666611-550600, Vehicle Parts These funds are available in the operating expense of fleet maintenance as budgeted in fiscal year 21/22. Page 1 City of Clearwater Printed on 10/6/2021 PO'S / Direct Pay PREVIOUS YEAR 21'Contract / Sole source / Small Dollar PO/Micro/P-card Altec Industries Inc 5,000.00$ 5,000.00$ City Of Miami FB-00399 02/28/23 Dobbs Equipment, LLC 10,000.00$ 10,000.00$ City Of Miami FB-00399 02/28/23 Environmental Products Group INC 10,000.00$ 35,000.00$ City Of Miami FB-00399 02/28/23 Florida Kenworth 45,000.00$ 60,000.00$ City Of Miami FB-00399 02/28/23 Genuine Parts CO - NAPA 10,000.00$ 10,000.00$ City Of Miami FB-00399 02/28/23 Glades Parts Company Inc 17,000.00$ 25,000.00$ City Of Miami FB-00399 02/28/23 McNeilus Financial LLC 30,000.00$ 35,000.00$ City Of Miami FB-00399 02/28/23 Pats Pump and Blower 15,000.00$ 15,000.00$ City Of Miami FB-00399 02/28/23 Ring Power Corporation 25,000.00$ 10,000.00$ City Of Miami FB-00399 02/28/23 SSES INC 53,000.00$ 75,000.00$ City Of Miami FB-00399 02/28/23 Stewart & Stevenson FDDA LLC 9,000.00$ 10,000.00$ City Of Miami FB-00399 02/28/23 TPH Acquisition LLLP 125,000.00$ 120,000.00$ City Of Miami FB-00399 02/28/23 Total 354,000.00$ 410,000.00$ Cummins Sales & Service 70,000.00$ 70,000.00$ Hillsborough County Public Schools 20204-DST-KJ (03/09/22) with three (3), one (1) renewals Fleet Asquisitions LLC dba Fleet Products 135,000.00$ 150,000.00$ Hillsborough County Public Schools 20204-DST-KJ (03/09/22) with three (3), one (1) renewals Sun State International Trucks LLC 35,000.00$ 35,000.00$ Hillsborough County Public Schools 20204-DST-KJ (03/09/22) with three (3), one (1) renewals Tampa Spring Company 15,000.00$ 45,000.00$ Hillsborough County Public Schools 20204-DST-KJ (03/09/22) with three (3), one (1) renewals Total 255,000.00$ 300,000.00$ Bobcat 45,000.00$ 25,000.00$ Small Dollar PO based on low quote Container Systems 55,000.00$ 25,000.00$ Small Dollar PO based on low quote Cycle Springs / Team Savage 20,000.00$ 20,000.00$ Small Dollar PO based on low quote Dayton Andrews 5,000.00$ 5,000.00$ Small Dollar PO based on low quote DHS 2,500.00$ 5,000.00$ Small Dollar PO based on low quote Dimmitt 35,000.00$ 25,000.00$ Small Dollar PO based on low quote E & N Distributing 25,000.00$ 25,000.00$ Small Dollar PO based on low quote Fleet Pride 50,000.00$ 20,000.00$ Small Dollar PO based on low quote H Barber 30,000.00$ 30,000.00$ Small Dollar PO based on low quote Keystone 5,000.00$ 5,000.00$ Small Dollar PO based on low quote Kussmaul 10,000.00$ 5,000.00$ Small Dollar PO based on low quote Pye Barker 15,000.00$ 15,000.00$ Small Dollar PO based on low quote Quality Mowers 5,000.00$ 5,000.00$ Small Dollar PO based on low quote Smith Equipment 15,000.00$ 20,000.00$ Small Dollar PO based on low quote Southeast Power Systems 10,000.00$ 10,000.00$ Small Dollar PO based on low quote 0566-06611-550600-519 Vendor FY 22 PO'S / Direct Pay PREVIOUS YEAR 21'Contract / Sole source / Small Dollar PO/Micro/P-card 0566-06611-550600-519 Vendor FY 22 Trekker Tractor 10,000.00$ 10,000.00$ Small Dollar PO based on low quote Walker Ford 5,000.00$ 5,000.00$ Small Dollar PO based on low quote Wastebuilt 10,000.00$ 15,000.00$ Small Dollar PO based on low quote Zone Defense 5,000.00$ 5,000.00$ Small Dollar PO based on low quote Total 357,500.00$ 275,000.00$ Atmax 10,000.00$ 10,000.00$ Sole Source Broyhill 15,000.00$ 15,000.00$ Sole Source Everglades Equipment Group 35,000.00$ 35,000.00$ Sole Source Rush Truck 151,000.00$ 100,000.00$ Sole Source Southport Truck 20,000.00$ 25,000.00$ Sole Source Ten-8 75,000.00$ 80,000.00$ Sole Source Wesco 83,000.00$ 70,000.00$ Sole Source Total 389,000.00$ 335,000.00$ Advance Auto Parts 5,000.00$ Micro Purchase / P-card Altech-eco 5,000.00$ Micro Purchase / P-card Amazon 15,000.00$ Micro Purchase / P-card Autonation Lincoln 5,000.00$ Micro Purchase / P-card Autoway Chevy 5,000.00$ Micro Purchase / P-card Autoway Parts Center 5,000.00$ Micro Purchase / P-card Distributor Operations 25,000.00$ Micro Purchase / P-card Grainger 5,000.00$ Micro Purchase / P-card Maher Chevrolet 5,000.00$ Micro Purchase / P-card OneSource Parts 5,000.00$ Micro Purchase / P-card Total 80,000.00$ 1,400,000.00$ $ 100,000.00 Contingency $ 1,500,000.00 Total Requested for 21-22 Fiscal Year Hillsborough County Public Schools Page 1 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts BUSINESS SERVICES DIVISION PROCUREMENT SERVICES INVITATION TO BID December 3, 2020 Solicitation No. and Name. 20204-DST-KJ Truck, Bus, and Vehicle Parts Purpose. Public notice is hereby given that Hillsborough County Public Schools (“HCPS” or the “District”) on behalf of The School Board of Hillsborough County, Florida (the “Board”) has issued this Invitation to Bid (“ITB”) for the goods and services herein. HCPS seeks bids from qualified vendors to provide parts for trucks, buses, and vehicles (new and rebuilt). The work to be done under this contract includes, but is not limited to; providing all labor, materials, supervision, equipment, incidentals, and related items necessary to complete the work in accordance with the specifications contained herein. HCPS currently owns and maintains approximately 1,950 vehicles and pieces of equipment and inventories. Questions Due Date. Tuesday, January 5, 2021 at 12:00 PM (Noon) EST Bid Due Date. Tuesday, January 12, 2021 at 12:00 PM (Noon) EST Bid Submittal. ELECTRONIC COPY SUBMITTAL. BIDDER MUST SUBMIT THEIR BID VIA UPLOAD at WWW.MYVENDORLINK.COM. HCPS no longer accepts paper submittals. The Bidder is solely responsible for submittal of their Bid through VendorLink no later than the time and date specified in the solicitation or subsequent addenda. The Bidder must allow adequate time to upload their submittal on VendorLink. The Bidder is responsible to contact VendorLink technical support at support@evendorlink.com if technical difficulties arise during submission of the Bid. HCPS shall not be responsible for delays caused in any occurrence and shall reject Bids submittals via any other means. The Bidder must transmit their Bid electronically via VendorLink at www.myvendorlink.com. Acceptable file formats for upload are Microsoft Excel (.xls or .xlsx), Adobe Portable Document (.pdf), or .ZIP file formats and printing must be enabled on all files submitted. Vendorlink. HCPS will post all solicitations and supporting documents on www.myvendorlink.com. It is the sole responsibility of interested parties to monitor VendorLink for solicitation opportunities and updates. Each Bidder must have a current vendor application on file with Vendorlink to conduct business, receive updates and addenda, and ask questions under any HCPS solicitation. HCPS may disqualify a Bidder for failure to comply with this condition. For technical support contact the Vendor Registration Helpdesk via email at support@evendorlink.com for additional registration questions. Lobbying/Cone of Silence. The Cone of Silence, HCPS policy 6320 – Procurement, prohibits any communication regarding an active competitive solicitation between any District employee or School Board member and any third party, representative, or lobbyist of that party, in effect from the time of release of the competitive solicitation until the contract is awarded by the School Board. Notice. Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under chapter 120, Florida Statutes. [INTENTIONALLY BLANK] Superintendent of Schools Addison G. Davis School Board Lynn L. Gray, Chair Stacy A. Hahn, Ph.D., Vice Chair Nadia T. Combs Karen Perez Melissa Snively Jessica Vaughn Henry “Shake” Washington Hillsborough County Public Schools Page 2 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts 1 INTRODUCTION ......................................................................................................................................................................... 3 1.1 HCPS BACKGROUND ........................................................................................................................................................................................ 3 1.2 DEFINITIONS .................................................................................................................................................................................................... 3 2 GENERAL TERMS AND CONDITIONS ........................................................................................................................................... 5 2.1 LEGAL REQUIREMENTS ................................................................................................................................................................................... 5 2.2 DISCRIMINATION ............................................................................................................................................................................................ 7 2.3 VENDOR SANCTIONS ....................................................................................................................................................................................... 7 2.4 HCPS’ RIGHTS .................................................................................................................................................................................................. 8 2.5 ALTERNATIVE PURCHASING OPTIONS (NON-EXCLUSIVITY) ............................................................................................................................ 9 2.6 CONTRACT TERMINATION & DEFAULT ......................................................................................................................................................... 10 2.7 CONTRACTOR’S OBLIGATIONS ...................................................................................................................................................................... 11 2.8 ACCOUNTING & INVOICING .......................................................................................................................................................................... 12 2.9 CONFLICT OF INTEREST ................................................................................................................................................................................. 13 2.10 HAZARDOUS MATERIALS............................................................................................................................................................................... 14 2.11 INDEMNIFICATION ........................................................................................................................................................................................ 16 2.12 WARRANTY ................................................................................................................................................................................................... 17 2.13 INFORMATION TECHNOLOGY ....................................................................................................................................................................... 17 3 BIDDER INSTRUCTIONS ............................................................................................................................................................ 19 3.1 VENDORLINK ................................................................................................................................................................................................. 19 3.2 PRE-BID MEETING ......................................................................................................................................................................................... 19 3.3 BID SUBMITTAL ............................................................................................................................................................................................. 19 3.4 NOTICE OF INTENT ........................................................................................................................................................................................ 21 3.5 CONTRACT ..................................................................................................................................................................................................... 22 4 SPECIAL CONDITIONS ............................................................................................................................................................... 23 4.1 CONTACT INFORMATION & CERTIFICATION ................................................................................................................................................. 23 4.2 SUBSTITUTE W-9 AND VENDOR INFORMATION FORM................................................................................................................................. 24 4.3 BIDDER’S STATEMENT OF PRINCIPAL PLACE OF BUSINESS ........................................................................................................................... 25 4.4 STATEMENT OF QUALIFICATIONS ................................................................................................................................................................. 26 4.5 PAYMENT OPTIONS ....................................................................................................................................................................................... 27 4.6 DRUG-FREE WORKPLACE CERTIFICATION ..................................................................................................................................................... 28 4.7 SCRUTINIZED COMPANY CERTIFICATION ...................................................................................................................................................... 29 4.8 CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND VOLUNTARY EXCLUSION ....................................................... 30 4.9 TRUTH AND ACCURACY STATEMENT ............................................................................................................................................................ 31 4.10 BYRD ANTI-LOBBYING AMENDMENT CERTIFICATION FORM ........................................................................................................................ 32 4.11 SMALL BUSINESS ENCOURAGEMENT (SBE) PROGRAM LETTER OF INTENT .................................................................................................. 33 4.12 ADDENDA AND BID FORM ............................................................................................................................................................................ 34 4.13 ESTIMATED BUDGET ..................................................................................................................................................................................... 35 4.14 CONTRACT TERM/RENEWALS ....................................................................................................................................................................... 35 4.15 MINIMUM QUALIFICATIONS ......................................................................................................................................................................... 35 4.16 THE JESSICA LUNSFORD ACT (JLA) BADGES (APPLICABLE UPON AWARD) .................................................................................................... 37 4.17 INSURANCE REQUIREMENTS (APPLICABLE UPON AWARD) .......................................................................................................................... 37 4.18 SCOPE OF WORK/SERVICES ........................................................................................................................................................................... 38 5 JUST-IN-TIME INVENTORY ........................................................................................................................................................ 40 5.2 CUSTOMER SERVICE/DELIVERY ..................................................................................................................................................................... 40 5.3 GENERAL PARTS INFORMATION ................................................................................................................................................................... 40 5.4 REBUILT/REFURBISHED OR RECYCLED PARTS ............................................................................................................................................... 40 5.5 CORE EXCHANGE ........................................................................................................................................................................................... 40 5.6 INVENTORY TRACKING .................................................................................................................................................................................. 40 5.7 WARRANTY RECORDS ................................................................................................................................................................................... 41 6 BID RESPONSE FORM/PRICING SHEET...................................................................................................................................... 42 6.1 PRICING SHEET .............................................................................................................................................................................................. 42 EXHIBIT A: SAMPLE AGREEMENT ..................................................................................................................................................... 44 Hillsborough County Public Schools Page 3 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts 1 INTRODUCTION 1.1 HCPS BACKGROUND Hillsborough County Public Schools, Florida (“HCPS” or the “District”) is a political subdivision organized under Section 4, Article IX, of the State Constitution and Florida Statutes. HCPS, which is coterminous with Hillsborough County, is the nation’s seventh largest school system. HCPS presently has 235 PreK-12 schools, specialty centers and technical colleges with approximately 225,000 students and approximately 24,000 employees. Management of HCPS is independent of metropolitan and city governments. The School Board of Hillsborough County, Florida (the “Board”), a public corporation existing under the Laws of the State of Florida, is the policy-making body of HCPS. The Board consists of seven members elected by geographic area. Among other duties, the Board has broad financial responsibilities, including the approval of the annual budget, which for the 2019–2020 fiscal year is approximately $3 billion. The Chief Executive Officer is the Superintendent of Schools, Mr. Addison Davis, appointed by the Board, who is responsible for all financial transactions and records of HCPS. 1.1.1 Vision. Preparing Students for Life. 1.1.2 Mission. To provide an education and the supports that enable each student to excel as a successful and responsible citizen. 1.2 DEFINITIONS Whenever the following terms are used, its intent and meaning shall be as follows. - Addendum. All written or graphic instruments issued prior to the date for opening of the proposal, which modify or interpret the solicitation by additions, deletions, corrections, or clarifications. - Bidder. The term "Bidder" as used within this Invitation to Bid (ITB) refers to the person, company or organization responding to this ITB. The Bidder is responsible for understanding and complying with the terms and conditions herein. - Board. The term “Board” refers to The School Board of Hillsborough County, Florida. - Competitive Solicitation. “Competitive solicitation” or “solicitation” is the process of requesting and receiving two or more sealed bids submitted by responsive vendors in accordance with the terms of a competitive process, regardless of the method of procurement § 287.012(6), Florida Statutes. - Contract. “Contract” includes this competitive solicitation, all related addenda and answers to questions via www.myvendorlink.com, the Bid, all mutually agreed amendments, and subsequent renewals covering the provision of goods and services herein. - Contractor. The “Contractor” refers to any type of business entity awarded by The School Board of Hillsborough County, Florida or approved by Hillsborough County Public Schools in accordance with a proposal submitted by that organization in reply to any HCPS competitive solicitation. - Default. The omission or failure to fulfill a duty, observe a promise, discharge an obligation, or perform as agreed. - Florida Statutes (F.S.). The Florida Statutes are the codified, statutory laws of Florida. - Goods. “Goods” means any of the various supplies, materials, commodities, merchandise, food, equipment, information technology, and other personal property, including a mobile home, trailer, or other portable structure that has less than 5,000 square feet of floor space, purchased, leased, or otherwise contracted for by HCPS. - Invitation to Bid (ITB). Per 6A-1.012(1)(b) Purchasing Policies, “Invitation to bid” is a written publicly posted solicitation for competitive sealed bids. The ITB is used when HCPS is capable of specifically defining the scope of work for which a service is required or when HCPS is capable of establishing precise specifications defining the goods required. - Procurement Officer. HCPS contracting personnel, as identified in the cover sheet of all competitive solicitations. - Protest. A formalized process, governed by § 120.57(3), F.S., § 287.042(2), F.S., and § 28-110, Florida Hillsborough County Public Schools Page 4 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts Administrative Code, by which providers have an opportunity to challenge a procurement practice or contract award. - Renewal. “Renewal” means contracting with the same contractor for an additional contract period after the initial contract period, only if pursuant to contract terms specifically providing for such renewal. - Responsive Bid. “Responsive bid,” “responsive proposal,” or “responsive reply” means a bid, or proposal, or reply submitted by a responsive and responsible vendor which conforms in all material respects to the solicitation. - Responsive Vendor. “Responsive vendor” means a vendor that has submitted a bid, proposal, or reply that conforms in all material respects to the solicitation. - Small Business Encouragement (SBE) Program. Per School Board policy 6320.02 - Supplier Diversity, www.sdhc.k12.fl.us/policymanual/detail/502 the School Board commits to doing business with contractors, vendors, and other suppliers who reflect the diversity of our community. It is the policy of the School Board to promote and attain that diversity through the Small Business Encouragement (SBE) Program that encourages and facilitates the participation of small businesses, including those that are woman and minority owned, in every aspect of the School Board's procurement activities. The SBE Program is gender/race neutral and is open to any small, certified business that meets the eligibility requirements set forth in this policy. - Service. “Service” means the rendering by a contractor of its time and effort rather than the furnishing of specific goods. The term applies only to those services rendered by individuals and firms who are independent contractors, and such services may include, but are not limited to, evaluations; consultations; maintenance; accounting; security; management systems; management consulting; educational training programs; research and development studies or reports on the findings of consultants engaged thereunder; and professional, technical, and social services. The term does not include a contract for the furnishing of labor or materials for the construction, renovation, repair, modification, or demolition of a facility, building, portion of building, utility, park, parking lot, or structure or other improvement to real property entered into pursuant to chapter 255 and rules adopted thereunder. - Subcontractor. The Bidder understands that, as a prime contractor, said contractor is responsible for all actions taken by its subcontractor(s) and shall bare all liability for the subcontractors’ action under this agreement. HCPS must pre-approve each subcontractor and must follow all the Contractor’s requirements herein. All the Contractor’s requirements and references to the Contractor herein shall apply to all HCPS approved subcontractor(s). The subcontractor includes any organization whom the Contractor utilizes for the provision of goods and services subject to this contract. The Contractor must notify HCPS for prior approval as to the use of any subcontractor. The subcontractor must adhere to the Contractor’s obligations and the Contractor shall remain responsible for the subcontractor’s actions. - Superintendent. The term “superintendent” shall mean the District “superintendent or designee.” For the purposes of this solicitation, the General Manager of Procurement Services will serve as the designee. - Term Contract. “Term contract” means an indefinite quantity contract to furnish goods or services during a defined period. - Vendor. The term “vendor” shall apply to any business entity or organization that sells goods and services to achieve certain commercial goals. [INTENTIONALLY BLANK] Hillsborough County Public Schools Page 5 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts 2 GENERAL TERMS AND CONDITIONS The following General Terms and Conditions are incorporated and applicable to all Hillsborough County Public Schools (HCPS)-issued competitive solicitations and to each purchase made by any authorized method of acquisition. HCPS shall deem that each organization or entity (the “Bidder”) submitting a bid (Bid), to have assented to these non-negotiable conditions by the act of responding to this competitive solicitation (solicitation) and acceptance of a request for purchase via duly issued purchase order (PO). Prior to the solicitation due date. During the active solicitation process, HCPS may incorporate additional conditions, without limitation, referenced as Addendum, Attachment, Appendix, or Exhibit. Any conflict in terms between any additional conditions, and any HCPS-issued addenda will require the following descending order of precedence: addenda, answers to questions on www.myvendorlink.com, appendix, attachment, exhibition, and the solicitation. Unless specifically stated, the terms and conditions in this solicitation are nonnegotiable. HCPS will reject all Bids that fail to accept the stated terms and conditions as "non-responsive." 2.1 LEGAL REQUIREMENTS The Contractor must be knowledgeable of and in compliance with all applicable federal, state, county, and local laws, ordinances, rules, regulations, and Board Policy (www.sdhc.k12.fl.us/policymanual/policy/7) that may affect the provision of commodities and contractual services covered herein. The Contractor’s lack of knowledge shall not be a cause for relief from responsibility. 2.1.1 Governing Law, Jurisdiction, and Venue. This contract shall be governed by and interpreted in accordance with the laws of the State of Florida other than its conflict of laws principles. The parties agree that if any suit or proceeding is brought in connection with this Agreement, such suit or proceeding shall be brought in the state or federal courts located in Hillsborough County, Florida, and the parties shall submit to the exclusive jurisdiction of such courts and waive any and all jurisdictional, venue, and inconvenient forum objections to such courts. Each party shall be responsible for its own attorneys’ fees and costs incurred because of any action or proceeding under this Agreement. 2.1.2 Protest. Any protest concerning bid specifications, a decision, or intended decision pursuant to this solicitation shall be made in accordance with § 120.57(3) F.S. and Board Policy chapter 6320 (Bid Protest). Questions to Procurement Services, Board member, or any HCPS employee shall not constitute formal notice of a protest. HCPS shall post Board recommendations and tabulations for this solicitation on www.myVendorLink.com. It shall be the sole responsibility of each Proposer to review this solicitation on VendorLink. HCPS will not mail tabulations, recommendations, or notices. A Bidder who wishes to file a bid protest must file such notice and follow procedures prescribed by F.S. 120.57(3) for resolution shall file a Notice of Intent to Protest, in writing, within 72 hours after the solicitation document is posted or after the notice of decision is posted, respectively, excluding Saturdays, Sundays, and state holidays. For solicitations by Procurement Services, the notice must be filed with the General Manager of Procurement Services, 901 East Kennedy Boulevard, Tampa, Florida 33602. Any person who files an action protesting a decision or intended decision pertaining to a solicitation pursuant to F.S. 120.57(3)(b) shall post, at the time of filing the formal written protest that states, with particularity, the facts and law upon which the protest is based. A bond payable to the Board in an amount of five percent (5%) of the lowest accepted bid for all other projects, conditioned upon payment of all costs and fees which may be adjudged against the protestor in the administrative hearing. If at the hearing the Board prevails, it shall recover all costs excluding attorney's fees from the protestor; if the protestor prevails, the protestor shall recover from the Board all costs excluding attorney's fees. Failure to file a protest within the time prescribed in § 120.57(3) b, F.S., shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. Florida Department of State, Division of Corporations Registration Requirements. Proposers that are required to be registered with the Florida Department of State, Division of Corporations or who are incorporated within the State of Florida must furnish their Florida document number, and written documentation of “active” status. All registered proposers must have an active status in order to be eligible to do business with HCPS. Proposer doing business under a fictitious name must submit their proposal using the company’s complete registered legal name, i.e. ABC, Inc. d/b/a XYZ Company. To register with the State of Florida, visit: www.Sunbiz.org. 2.1.3 Severability. In case of any one or more of the provisions contained in this solicitation shall be for any reason be held to be invalid, illegal, unlawful, unenforceable or void in any respect, the invalidity, illegality, unenforceability, Hillsborough County Public Schools Page 6 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts unlawful, or void nature of that provision shall not affect any other provision and this Agreement shall be considered as if such invalid, unlawful, unenforceable, or void provision had never been included herein. 2.1.4 Fair Labor Standards Act (“Hot Goods”). The proposer certifies that the production of the provided commodities and contractual services shall be compliant with all applicable requirements of sections 6, 7, and 12 of the Fair Labor Standards Act, as amended, and of regulations and orders of the United States Department of Labor issued under section 14 thereof. 2.1.5 Student Confidentiality. Any records, materials, documents or other objects containing confidential information, and copies thereof, obtained by the Contractor during the provision of commodities and contractual services for HCPS are confidential and shall not be used or disclosed in any manner by the Contractor, except as allowed by applicable law and regulations and the policies and practices of HCPS. Notwithstanding the policies and practices of HCPS, in no event shall the Contractor use or disclose confidential information in violation of the Health Insurance Portability and Accountability Act (HIPAA), Family Educational Rights and Privacy Act (FERPA), Americans with Disabilities Act (ADA), Family and Medical Leave Act (FMLA), or other applicable laws or regulations. After the termination of the contract with HCPS, the Contractor shall not use or disclose the contents of such confidential information for any purpose whatsoever, except as may be required by law if the Contractor must first furnish prompt notice thereof to HCPS to permit HCPS an opportunity to contest such disclosure. The Contractor agrees to not remove from HCPS premises, except as a contractor, acting on behalf of HCPS and in pursuit of the business for HCPS or except as authorized or directed by HCPS, any records, materials, documents or objects containing or reflecting any confidential information. The Contractor recognizes that all such documents and objects, whether developed by the Contractor or someone else, are the exclusive property of HCPS. Upon contract expiration, or at any other time upon request by HCPS, and at the sole discretion of HCPS, the Contractor shall promptly deliver to HCPS all documents and records which are in the Contractor's possession or control and which are confidential information as defined in this contract. The Contractor’s failure to comply with the provisions of this contract pertaining to confidential information is a breach of this contract and may result in the termination of the contract and further legal action against contractor. The provisions of this contract pertaining to confidential information shall survive termination of the contract between HCPS and the Contractor. The Contractor shall be solely responsible for any claims, damages, costs, and expenses, including reasonable attorney fees incurred by HCPS because due to the Contractor's breach of the confidentiality provisions of this contract. The contractor further agrees that HCPS may obtain injunctive or other equitable relief in a court action to restrain further breach of this contract or to prevent unauthorized uses or disclosures of confidential information by the Contractor. 2.1.6 Tax Exemption. HCPS is exempt from federal and state taxes for tangible personal property. HCPS’ State Sales Tax Exemption Number is 85-8012621971C-8 and the Federal Excise Tax Exemption Number is 59 72-0088 K. The Sales Tax Exemption Form is available for download at https://www.sdhc.k12.fl.us/doc/163. Note, the contractor cannot claim exemption from taxes for materials to fulfill its contractual obligations to HCPS. HCPS shall not authorize the use HCPS’ tax exemption number to purchase such materials. 2.1.7 Public Records Laws. The Contractor acknowledges that this contract and all documents submitted to The School Board of Hillsborough County, Florida related to this contract are a matter of public record and are subject to the State of Florida Public Records Law Ch. 119 F.S., Art. I s. 24, of the State Constitution, and any other comparable federal laws. The Contractor further acknowledges that HCPS may post this contract on The School Board of Hillsborough County, Florida website. The Contractor also understands the broad nature of these laws and agrees to comply with Florida’s public records laws and laws relating to records retention. If the Contractor is acting on behalf of HCPS pursuant to s. 119.0701 F.S., the Contractor shall:  keep and maintain public records that ordinarily and necessarily would be required by HCPS to perform the service, and  provide the public with access to public records on the same terms and conditions that HCPS would provide the records and at a cost that does not exceed the cost provided in s. 119 F.S. or as otherwise provided by law, and  ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law, and  meet all requirements for retaining public records and transfer, at no cost, to HCPS all public records in Hillsborough County Public Schools Page 7 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts possession of the contractor upon termination of the Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements, and  can provide all electronically stored records in a format that is compatible with the HCPS information technology systems 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 AGREEMENT, CONTACT THE HCPS OFFICE OF COMMUNICATIONS AT PHONE: (813) 272-4060, EMAIL: PRR@SDHC.K12.FL.US, 901 E. KENNEDY BOULEVARD, TAMPA, FLORIDA 33602. 2.2 DISCRIMINATION The Contractor shall comply with all applicable laws, ordinances, codes, and statutes of all local, state, or national governing bodies included within this section. In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this Agreement or with any of such rules, regulations, or orders, this Agreement may be cancelled, terminated, or suspended in whole or in part. 2.2.1 Statement of Assurance. The Contractor must comply with the regulations of Title VII of the Civil Rights Act of 1964, as amended, and the Florida Civil Rights Act of 1992, in which no person in the United States shall on the grounds of race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status be excluded from participation in or be denied the proceeds of or be subject to discrimination in the performance of this contract. Also, all the funds, services, materials, property, etc. inclusive in the contract shall not be used in the performance of any partisan political activity or to further the election or defeat of any candidate for public office. 2.2.2 Americans with Disabilities Act. Any Proposer submitting a proposal to HCPS for the provision of commodities and contractual services may not exclude any person(s) from participating in; deny any person(s) the proceeds or benefits of; not otherwise subject any person(s) or subcontractors to any form of discrimination based on grounds of race, creed, color, national origin, age, sex, or disability. All contractors and subcontractors providing commodities and contractual services must comply with the pertinent portion of the Americans with Disabilities Act of 1990, Public Law 101-336. 2.3 VENDOR SANCTIONS The Bidder certifies that it complies fully with the Federal Debarment Certification regarding debarment suspension, ineligibility, and voluntary exclusion. HCPS may, by written notice to the Contractor, immediately terminate this contract if HCPS determines that the Contractor has been disbarred, suspended or otherwise lawfully prohibited from participating in any public procurement activity, including but not limited to, being disapproved as a subcontractor of any public procurement unit or other governmental body. 2.3.1 Public Entity Crimes (§287.133(2)(A). "A person or affiliate who has been placed on the convicted vendor(s) list following a conviction for a public entity crime may not submit a Bid on a contract to provide any commodities and contractual services to a public entity, may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit Bids on leases of real property to a public entity, may not be awarded or perform work as a vendor(s), supplier, subcontractor(s) or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Florida Statute 287.01 7 for category two ($35,000) for a period of 36 months from the date of being placed on the convicted vendor(s) list." 2.3.2 Convicted and Discriminatory Vendor Lists (ss. 287.133(2)(a) and 287.134, F.S., and Rule 60A1.006 (1), F.A.C.). A person or affiliate who has been placed on the State of Florida Discriminatory Vendor List or the Convicted Vendor List: following a conviction for a public entity crime may not submit a Bid on a contract to provide commodities and contractual services to a public entity; may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit Bids on leases of real property to a public entity; may not be awarded or perform work as a Contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount of $35,000 for a period of 36 months following the date of being placed on the convicted vendor list. www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/vendor_registration_and_ vendor_lists/convicted_vendor_list. Hillsborough County Public Schools Page 8 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts 2.3.3 Bankruptcy. At the time of Proposal submission, the Proposer shall not be in the process of or engaged in any type of proceedings relating to insolvency or bankruptcy, either voluntary or involuntary, or receivership proceedings. If Proposer is awarded a contract for one (1) year or longer, and files for bankruptcy, insolvency, or receivership thereafter, HCPS may, at its option, terminate the contract. 2.3.4 Employment of Unauthorized Aliens. The employment of unauthorized aliens by the Contractor is considered a violation for §274A (e) of the Immigration and Nationality Act. If the Contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of the Contract. 2.3.5 Scrutinized Companies Lists/Business Operations in Cuba or Syria. Per the provisions of s. 287.135 F.S., a company that, at the time of bidding or submitting a Proposal for a new contract or renewal of an existing contract, is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Section List, created pursuant to s. 215.473 F.S., or is engaged in business operations in Cuba or Syria, is ineligible for, and may not bid on, submit a Bid for, or enter into or renew a contract with an agency or local governmental entity for commodities and contractual services exceeding one-million dollars. The Proposer certifies by submission and signature of this Proposal that it is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Section List or been engaged in business operations in Cuba or Syria. Any contract for commodities and contractual services of $1,000,000 or more may be terminated at the option of the awarding body if the company is found to have submitted false certification or been placed on either of these lists or been engaged in business operations in Cuba or Syria. 2.4 HCPS’ RIGHTS This solicitation will comply with all applicable HCPS policies, federal, state, and local laws. HCPS reserves the right to qualify Proposals that HCPS deems to meet the qualifications listed in this solicitation. HCPS is therefore not bound to accept a Proposal solely based on lowest price. In addition, HCPS at its sole discretion, reserves the right to cancel, recall, or reissue all, or parts of the solicitation, to reject any Bid, to waive any formality and irregularity, or to re-advertise the identical or revised specifications. HCPS may investigate the qualifications of any Proposer under consideration, require confirmation of information furnished by a Proposer, and require additional evidence of qualifications to perform the services described in this solicitation. Furthermore, HCPS reserves, but not limited to, the following rights:  A Bidder’s past performance may be used in the evaluation of this solicitation.  Reject any or all the Proposals; and  issue subsequent solicitation for the same statement of work; and  cancel the entire solicitation; and  remedy solicitation errors; and  reduce the scope of work (if deemed in HCPS’ best interest and at HCPS sole discretion); and  appoint evaluation committees to review Proposals; and  seek the assistance of technical experts to review Proposals; and  approve or disapprove the use of subcontractors and suppliers; and  award a contract to one or more (or none) of the Proposers; and  accept other than the lowest priced Proposal; and  waive informalities and irregularities in Proposals; and  award a contract without discussions or negotiations; and  disqualify proposals upon evidence of collusion with intent to defraud or other illegal practices on the part of the Proposer; and  this solicitation does not commit HCPS to enter into a contract nor obligate HCPS to pay for any costs incurred in the preparation and submission of Proposals or in anticipation of a contract. 2.4.1 Submittal Confidentiality. Pursuant to s. 119.071(1) (b) 2 Florida Statutes, proposals received by HCPS pursuant Hillsborough County Public Schools Page 9 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts to a competitive solicitation are exempt from ss. 119.07 (1) and 24 (a), Art. I of the State Constitution until HCPS provides notice of an intended decision or until thirty (30) days after receipt of the proposals, whichever is earlier. All proposal evaluation meetings and discussions with the Proposer shall be subject to § 286.0113, F.S. 2.4.2 Submittal Rejection. HCPS, at its discretion, may reject any, or part(s) of any proposal; advertise, postpone, or cancel, at any time, the competitive solicitation process, or waive any irregularities in the solicitation in the proposal received. HCPS also reserves the right to request clarification of information from any Proposer. 2.5 ALTERNATIVE PURCHASING OPTIONS (NON-EXCLUSIVITY) This solicitation does not establish an exclusive arrangement between HCPS and the Contractor. Additionally, HCPS reserves the following additional unrestrictive rights:  Use additional vendors to provide the commodities and contractual services, or deliver the same or similar products, as described herein when it is to the economic benefit of HCPS; and  Propose any work, products, or services as described herein when it is to the economic benefit of HCPS; and  May purchase items on this solicitation from any State of Florida public entity, the General Services Administration (GSA), Bay Area Schools Purchasing Council (BASPC), or any purchasing cooperative that serves school districts; and  Generate emergency purchases from the next highest-ranked Proposer(s); and  Generate additional purchases due to the Contractor’s inability provide the commodities and contractual services under the requested timeframe. 2.5.1 Purchases by Other Public Agencies. In accordance with the State of Florida Department of Education (FLDOE) Purchasing Rule 6A-1.012 (6), in lieu of requesting competitive solicitations from three (3) or more sources, district school boards may make purchases at or below the specified prices from contracts awarded by other city or county governmental agencies, other district school boards, community colleges, federal agencies, the public or governmental agencies of any state, or from state university system cooperative bid contracts, when the Proposer awarded a contract by another entity defined herein will permit purchases by a district school board at the same terms, conditions, and prices (or below such prices) awarded in such contract, and such purchases are to the economic advantage of the district school board. 2.5.2 Purchases from Other Public Agencies (within Hillsborough County). In accordance with Laws of Florida, Chapters 69-1112 and 69-1119, any public agency or authority existing within Hillsborough County that may desire to purchase commodities and contractual services under a contract, entered into pursuant to law by any other political subdivision, such authority existing within Hillsborough County may purchase the commodities and contractual services at the contract price. Submission of a Proposal in response to this solicitation also constitutes a Bid under the same contract conditions and at the same contract price, during the effective period of the contract, to all the other public entities there listed (Governmental Purchasing Council of Hillsborough County). Each member of the Governmental Purchasing Council of Hillsborough County will issue their own purchase orders, issue payments, and coordinate the service locations with the Contractor, as applicable. The Hillsborough County Governmental Purchasing Council consists of the following agencies.  Children’s Board of Hillsborough  Hillsborough County Clerk of Courts  City of Plant City  Hillsborough County Property Appraiser  City of Tampa  Hillsborough County Sheriff  City of Tampa Housing Authority  Hillsborough County Supervisor of Elections  City of Temple Terrace  Hillsborough County Tax Collector  Hillsborough Area Regional Transit  Office of the State Attorney, Hillsborough County, FL  Hillsborough Community College  Tampa Hillsborough Expressway Authority  Hillsborough County Aviation Authority  Tampa Palms Community Development  Hillsborough County Board of County Commissioners  Tampa Sports Authority Hillsborough County Public Schools Page 10 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts 2.5.3 Charter Schools. Commodities and Contractual services awarded under this contract shall be made available to Hillsborough County charter schools approved by the Board. The Board is not responsible or liable for purchases that may be made by charter schools. 2.6 CONTRACT TERMINATION & DEFAULT In accordance with Board Policy chapter 6320 - Procurement Procedures, Suspension or Debarment, the General Manager of Procurement Services may debar contractors for a defined period from bidding on or performing as a subcontractor on any HCPS contract. The suspended or debarred contractor may request removal from suspended or debarred status after the expiration of the suspension or debarment period. The General Manager of Procurement Services shall have the authority to suspend or debar any contractor for the following:  default on awarded contract; or  violation of contract terms and conditions without cure or remedy; or  default of any payment or other monies due to HCPS; or  conviction of fraud or criminal acts while performing as a contractor on any contracts, even those not associated or written by HCPS; or  consistent past performance record of habitual or continuous unsatisfactory performance, safety violations, failure to adhere to the Jessica Lunsford Act, as defined in the contract, repeated violations of any contract provisions, or delinquent performance by the Contractor; or  possession of firearms on HCPS property; or  violation of Federal or State law and any applicable HCPS policy regarding Drug-Free Workplace (will be subject to the immediate termination of any contract) 2.6.1 Termination for Convenience. HCPS shall have the right to terminate this contract, with or without cause, upon written notice of such termination provided not less than 30 days prior to the date that such termination is to be effective, or with such lesser notice as HCPS may deem appropriate under the circumstances. If HCPS elects to terminate this contract without cause, HCPS shall compensate the Contractor for all satisfactory commodities and contractual services provided prior to the date of termination. If a notice of termination is given, the Contractor agrees to abide and perform all covenants and provisions of this contract until the date of the termination specified in the written notice of termination. The Contractor shall have no further rights, and HCPS shall have no further obligation to the Contractor, after the date of termination of this contract as specified in the written notice. HCPS may discontinue the provision of commodities and contractual services to any HCPS site as it deems necessary, that portion of the contract shall be void for the said site. 2.6.2 Non-Appropriation of Funds (Funding Out). It is understood and agreed between the parties hereto that HCPS shall be bound and obligated hereunder only to the extent that the funds shall have been appropriated and budgeted for the contract. In the event funds are not appropriated and budgeted in any fiscal year for payments due under the contract, HCPS will notify the Contractor of such occurrence and the contract must terminate on the last day of the fiscal year for which appropriation(s) received, sans penalty or expense to HCPS. 2.6.3 Termination for Cause. HCPS will periodically inspect commodities and contractual services to ensure that the Contractor meets all requirements. HCPS reserves the right to terminate this contract for cause, which shall include without limitation the Contractor’s failure to comply with any provision of this contract. Prior to the district terminating a contract, the General Manager of Procurement Services or designee may initiate an internal review of the situation; HCPS may invite the Contractor to participate. If HCPS determines that grounds exist to declare the Contractor in default, the Superintendent or designee shall provide the Contractor written notice of default and termination, making specific reference to the provision(s) that gave rise to the breach. Inaction by HCPS to exercise its rights is not a waiver of such rights. HCPS may notify the Contractor as follows:  Initial Cure Notice. An initial notification will require the correction of any discrepancies, inconsistencies, or items not meeting the specifications contained herein at no additional cost to HCPS. Within ten (10) days upon receipt of notice, or as mutually agreed, the Contractor must provide a written response describing the Contractor’s steps to correct the noted deficiencies. Hillsborough County Public Schools Page 11 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts  Second Notice. A second discrepancy notification shall serve, upon receipt, as notification of immediate termination due to the discrepancies, inconsistencies, or commodities or contractual services not meeting specifications contained herein and the Contractor shall cease with the provision of commodities and contractual services. In such event, HCPS shall pay the Contractor only for satisfactory commodities and contractual services. The Contractor and its sureties may be liable to HCPS for any additional HCPS-incurred costs to complete the job and repair of damages to the site and shall be deemed a breach of contract, subject to termination, and shall be a factor during the evaluation of future HCPS solicitations. o If Performance Security Was Required. HCPS may elect to execute the performance security as liquidated damages. o If Performance Security Was Not Required. The Contractor shall pay HCPS, as liquidated damages, an amount not to exceed five (5%) percent of the total estimated value of the item(s) in question. If the proposed pricing is a lump sum amount then the amount due is five (5%), percent of the remaining value of the contract. The Contractor’s failure to pay the liquidated damages within thirty (30) days after notification that liquidated damages are due, shall lose eligibility to transact business with HCPS for a period of not less than one (1) year, but no more than two (2) years after the date of the default, as determined by the General Manager of Procurement Services. Thereafter, the Contractor may request reinstatement to the Active Bidders List. HCPS reserves the right, upon contract cancellation, to award the contract to the next highest rated Proposal for the unexpired contract term or publish a new competitive solicitation. 2.6.4 Force Majeure. No default, delay, or failure to perform on the part of the either party will be considered a default, delay, or failure to perform otherwise chargeable, hereunder, if such default, delay, or failure to perform is due to causes beyond either party’s reasonable control including, but not limited to, strikes, lockouts, or inactions of governmental authorities; pandemics; epidemics; acts of terrorism; war; embargoes; fire; earthquake; acts of God; or default of common carrier. In the event of such default, delay, or failure to perform, any date or times by which either party is otherwise scheduled to perform will be extended automatically for a period equal in duration to the time lost by reason of the excused default, delay, or failure to perform. 2.7 CONTRACTOR’S OBLIGATIONS The Contractor shall keep HCPS fully informed as to the progress of the provision of commodities and contractual services. The Contractor may do so not only through regularly issued progress reports, cost reports, and minutes, but also through close liaison between such designated HCPS personnel. The Contractor shall submit to HCPS minutes of any meetings attended by the Contractor and HCPS relating to the commodities and contractual services within (10) business days following such meetings. 2.7.1 HCPS Procurement Policy (6320). HCPS Procurement Policy (www.sdhc.k12.fl.us/policymanual/) is incorporated into this solicitation (and, therefore, any contract awarded as the result of this solicitation) by reference. HCPS Procurement Policy binds the Contractor, by participation in this solicitation, in any issue or action related to this solicitation or subsequent contract resulting from this solicitation. 2.7.2 Subcontractors. The Contractor is responsible for performance and meeting all specifications and for the performance of any subcontractor used in conjunction with an award hereunder. The Proposer must disclose the name(s) of any sub-contractor(s) used to satisfy performance herein and ensure that the subcontractor(s) are qualified, insured, and that subcontractor’s employees meet all requirements set forth herein. 2.7.3 Assignment. The Contractor, whether under separate contract or not, shall not assign any part or whole of this contract to another party, subcontractor, or company nor shall they assign any money due or to become due to him hereunder, without the previous written consent of HCPS. HCPS may transfer this contract to any successor performing the same functions. The parties acknowledge that HCPS may transfer any or all its interest in this contract to any successor of HCPS. 2.7.4 Licenses & Taxes. The Contractor shall remain compliant with all federal, state, and local regulations as to licenses, permits, and tax obligations required for the operation of the Contractor’s business activities. 2.7.5 Bid Cost. All expenses involved with the preparation and submission of the Proposal to HCPS, or any services performed in connection therewith, shall be borne by the Proposer. HCPS shall not provide payment for any submittals Hillsborough County Public Schools Page 12 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts received, or for any other effort required of or made, or expenses incurred by the Proposer. 2.8 ACCOUNTING & INVOICING In accordance with the Florida Prompt Payment Act (ss. 218.70218.80). Invoice payment is Net 45 days from the date of delivery or the receipt of satisfactory invoice, whichever occurs last, unless invoices specify early payment discounts. All payments due and not made within the time specified by this section bear interest from thirty (30) days after the due date at the rate of one (1%) percent per month on the unpaid balance. 2.8.1 Purchase Order (PO) Number. All accounting and invoicing correspondence must reference an HCPS PO number. HCPS may generate Individual purchases via blanket or multiple POs against the contract as item(s) are required. 2.8.2 Offered Prices. All pricing shall be based on FOB Destination and will include all packaging, handling, and shipping charges. HCPS is exempt and does not pay Federal Excise and State of Florida sales taxes. 2.8.3 Invoice Submittal. The Contractor shall submit an original invoice to the HCPS Accounts Payable Department. P.O. Box 3408, Tampa, Florida, 33601-3408. Per s. 287.058(1)(a), F.S.: bills for fees or other compensation for services or expenses shall be submitted with enough detail for a proper pre-audit and post-audit thereof. 2.8.4 “Duplicate” or “Copy” Invoice. All service contracts require a duplicate invoice, identified as a “duplicate” or “copy” to the ordering department or designated project leader. 2.8.5 Payment Assignment. Any PO or contract issued pursuant to an award hereunder, and the monies that may become due are not assignable except with prior written approval by HCPS Procurement Services. 2.8.6 Request for Payment. The Contractor, unless under mutual written contract, shall provide invoices that will include all scheduled services, products purchased, and services completed during the previous 1-month period. The Contractor represents and agrees that information submitted in support of its requests for payment is the basis of payment and is true and accurate to the best knowledge of the responsible signatory. A violation of this provision shall subject the violator to the provisions of s. 68.082, F.S., pertaining to false claims against the State, and s. 837.06, F.S., pertaining to false official statements. 2.8.7 Excess Funds. A Contractor who receives funds paid by HCPS under this contract agrees to promptly notify HCPS of any funds erroneously received from HCPS upon discovery of erroneous payment or overpayment. The excess funds must be refunded to HCPS with interest calculated from the date of the erroneous payment or overpayment. Interest shall be calculated using the interest rate for judgments under s. 55.03, F.S., applicable at the time the erroneous payment or overpayment was made by HCPS. 2.8.8 Stop Work Order. HCPS may at any time by written notice to the Contractor stop all or any part of the contractual services for this solicitation. Upon receiving such notice, the Contractor will take all reasonable steps to minimize additional costs during the period of work stoppage. HCPS may subsequently either cancel the stop work order resulting in an equitable adjustment in the delivery schedule and the price or terminate the work in accordance with the provisions of the solicitation terms and conditions. 2.8.9 Deliveries. HCPS shall provide payment for deliveries on a per order basis and delivery shall be to any point within Hillsborough County, Florida to a secure area or inside delivery, as requested by the school site. 2.8.10 Travel Expenses. Per s. 287.058(1)(b), F.S.: bills for HCPS-approved travel expenses will be reimbursed only if expressly authorized by the contract terms. Bills for any travel expenses shall be submitted in accordance with s. 112.061, F.S. 2.8.11 Right to Audit Provisions. The Contractor’s records shall include, but not be limited to, accounting records, payroll time sheets, audited and unaudited financial statements to substantiate payment rates and income, written policies and procedures, subcontractor’s files and any other supporting evidence necessary to substantiate payments and income related to this contract (records) shall be open to inspection and subject to audit and reproduction, during normal working hours, by an HCPS authorized representative to adequately permit evaluation and verification of any invoices, payments, or claims submitted by the Contractor or any of his/her payees pursuant to the execution of the contract. Such records subject to examination shall also include, but not be limited to, those records necessary to evaluate and verify payments and any other matters or items associated with this contract. For such audits, inspections, examinations, and evaluations, the HCPS authorized representative shall have access to the Hillsborough County Public Schools Page 13 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts records from the effective date of this contract, for the duration of the work, and until five (5) years after the date of the Contractor’s final payment pursuant to this contract. All payments which cannot be documented as paid as required by the contract and found not to follow the provisions of this contract, shall be reimbursed to HCPS. The HCPS agent or its authorized representative shall have access to the Contractor’s facilities, all necessary records, and shall be provided adequate and appropriate workspace to conduct audits in compliance with this section. The HCPS authorized representative shall give the Contractor reasonable notice of intended audits. The Contractor shall certify that payments are accurate and correct on each payment. If an audit reveals a discrepancy, such as an over payment, the Contractor must reimburse HCPS for the discrepancy with a minimum of 18% per annum interest. If an audit inspection or examination in accordance with this article, discloses overpayments (of any nature) by HCPS to the Contractor of more than 10% of the total payments, the actual cost of HCPS’s audit shall be paid by the Contractor in addition to the overpayments by HCPS. 2.9 CONFLICT OF INTEREST The award made pursuant to this solicitation is subject to the provisions of ss. 112.313(3), 112.313(7), Part III Code of Ethics, F.S., and Board Policy 6460.01 – Conflict of Interest. Employees shall not engage in or have a financial interest, directly or indirectly, in any activity that conflicts or raises a reasonable question of conflict with their duties and responsibilities in the school system. Employees shall not engage in business, private practice of their profession, the rendering of services, or the sale of goods of any type where advantage is taken of any professional relationship they may have with any student, client, or parents of students, or clients during their employment with HCPS. Employees shall not make use of materials, equipment, or facilities of the District in private practice. Examples would be the use of facilities before, during, or after regular business hours for service to private practice clients, or the checking out of items from an instructional materials center for private practice. HCPS shall not enter into a contract knowingly with any supplier of materials, supplies, and services to HCPS that any Board member or the Superintendent has any material interest. This prohibition shall not prevent any person from receiving royalties upon the sale of any educational material of which she/he is the author, and which has been properly approved for use in HCPS’ schools. Any employee who knowingly is in a capacity to influence, approve, or cause the purchase of any item to the Board that can render him/her, or an immediate relative personal gain must immediately disclose that fact. Any violation of these policies by an HCPS employee shall be subject to disciplinary actions up to and including termination of employment. Personnel Qualifications/Behavior. The Contractor will provide a written list of, and qualifications, of new or additional people working under the Contract for approval prior to the provision of commodities and contractual services under this Contract. Personnel Appearance & Conduct. The Contractor’s staff members are to present a professional appearance Personnel shall be neat, clean, well groomed, if applicable properly uniformed, and conduct themselves in a respectable and courteous manner. 2.9.1 Uniforms. If applicable, employees shall wear a recognizable uniform, no hats indoors. Each employee, performing services for HCPS, must carry a government issued picture ID and be presented upon request while on HCPS property. 2.9.2 Tobacco Products. Use of tobacco products must be in designated areas. 2.9.3 Disruptive Behavior. The Contractor’s personnel shall not play loud music, make unnecessary noises, or use language that causes offense to others. 2.9.4 Site Security. The Contractor’s personnel must coordinate with the site's front office or security personnel and shall be properly identified and must sign-in and sign-out when working or making deliveries during operational hours. All personnel must remain in the assigned work area. 2.9.5 Contractor’s Tools and Equipment. The Contractor is solely responsible for safeguarding its own materials, tools, and equipment while at an HCPS site. HCPS shall not assume any responsibility for vandalism or theft of the Contractor’s materials or property. Hillsborough County Public Schools Page 14 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts 2.9.6 Firearms & Narcotics. HCPS will not tolerate the possession of firearms and narcotics while on HCPS property; nor violations of Federal and State laws and any applicable HCPS policy regarding Drug Free Workplace. Violators will be subject to the immediate termination of any contract resulting from this solicitation.  “Firearm” shall mean any weapon (including a starter gun or antique firearm) which can, is designed to, or may readily, be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any destructive device; or any machine gun.  No person who has a firearm in their vehicle may park their vehicle on HCPS property.  If any employee of a Contractor or its subcontractor brings a firearm on HCPS property, the Contractor or subcontractor will terminate said employee from the HCPS contract. HCPS shall terminate the contract if Contractor or its subcontractor fails to remove said employee from this Contract. 2.10 HAZARDOUS MATERIALS THIS SECTION APPLIES TO ALL VENDORS WHOSE COMMODITIES OR CONTRACTUAL SERVICES ENABLE OR REQUIRE THE PROVISION OR USE OF HAZARDOUS MATERIALS.  The HCPS Safety (Safety Office) Office will monitor and enforce compliance by all contractors and sub- contractors that provide HCPS with commodities and contractual services. It is HCPS intent that all contractors and sub-contractors shall at no time cause unsafe conditions or acts that may affect the safety and health of students, employees, or visitors to HCPS operations.  HCPS may require the Contractor to supply a written copy of their Safety Program/Manual for review after contract award and may conduct periodic review of the Contractor's safety manual and operations.  Contractors and their employees, including sub-contractors, performing work under the terms of this contract will follow safe working practices always, as well as comply with all Federal, State, Local, and HCPS safety policies and procedures, including the operation of vehicles and equipment on HCPS-owned property.  The Contractor must report any accident, injury, or incident occurring on HCPS property to the District Safety Office. 2.10.1 Safety Data Sheets (SDS). In compliance with Chapter 442, Florida Statutes, any item delivered or used when providing services under this contract must have a published SDS. 2.10.2 The Hazard Communication Standard (HCS) (29 CFR 1910.1200(g)). The HCS, revised in 2012, requires that the chemical manufacturer, distributor, or importer provide Safety Data Sheets (SDS) (formerly MSDS or Material Safety Data Sheets) for each hazardous chemical to downstream users to communicate information on these hazards. The information contained in the SDS is largely the same as the MSDS, except now the SDS is required in a consistent user friendly, 16-section format. The SDS includes information such as the properties of each chemical; the physical, health, and environmental health hazards; protective measures; and safety precautions for handling, storing, and transporting the chemical. The information contained in the SDS must be in English and Spanish. In addition, OSHA requires that SDS preparers provide specific minimum information as detailed in Appendix D of 29 CFR 1910.1200. Sections 1 through 8 contain general information about the chemical, identification, hazards, composition, safe handling practices, and emergency control measures (e.g., firefighting). This information should be helpful to those that need to get the information quickly. Sections 9 through 11 and 16 contain other technical and scientific information, such as physical and chemical properties, stability and reactivity information, toxicological information, exposure control information, and other information including the date of preparation or last revision. The SDS must state the lack of applicable information found when the preparer does not find relevant information for any required element. The SDS must also contain Sections 12 through 15, to be consistent with the UN Globally Harmonized System of Classification and Labeling of Chemicals (GHS), but OSHA will not enforce the content of these sections because they concern matters handled by other agencies. Each SDS Must be written in English and Spanish; and include information regarding the specific chemical identity of the hazardous chemical(s) involved and the common names. Information must be provided regarding:  the physical and chemical characteristics of the hazardous chemical; and  known acute and chronic health effects and related health information; and Hillsborough County Public Schools Page 15 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts  exposure limits; and  whether the chemical is a carcinogen as identified by the National Toxicology Program (NTP), International Agency for Research on Cancer (IARC) or the Occupational Safety and Health Administration (OSHA), emergency first aid procedures; and  the identification of the organization responsible for preparing the SDS. 2.10.3 Hazardous Material. The Safety Office defines Hazardous Material as, "Any material or substance for which there is sufficient data to indicate a reasonable risk to physical and environmental health." These substances, classified as poisonous, toxic, corrosive and flammable, explosive, radioactive, or otherwise have any warning on the product label. The Contractor must:  provide current and legible SDS to the Safety Office for each hazardous material they may use at an HCPS site at least five (5) working days prior to use; and  provide its safety plan (precautions needed by the Contractor's employees); and  maintain a copy of the approved SDS at the job location. After review by the Safety Office, HCPS may provide the Contractor a stamped SDS, as approved, approved with or without restrictions, or not approved. 2.10.4 Approval of Hazardous Materials. Prior to the Contractor’s use, the Safety Office must approve all hazardous materials. The Contractor must submit all requests for product approval to the Safety Office, at 4224 W. Crest Avenue, Tampa, Florida 33614. Telephone (813) 872-5263, Facsimile (813) 356-1471. The Contractor using the product must follow any identified restrictions. The Contractor’s use of any product at an HCPS site must be in accordance with the manufacturer's instructions and applicable HCPS Policies. Sites where no students or employees are present do not require approval, provided the materials are not within 250 feet of sites with students or employees. All Federal, State, and Local regulations shall apply. 2.10.5 Contractor’s Use of Product. Product approval for use by HCPS employees does not constitute an automatic approval for use by the Contractor for all applications. The Safety Office must specifically approve each product used by the Contractor and must be specifically approved for each HCPS assignment. 2.10.6 HCPS Employee Use of Products. The Contractor (prior to use by HCPS employees) must submit the approved SDS to the HCPS supervisor and ensure filing of the SDS in the worksite’s SDS Book (even if approved for use by the Contractor). 2.10.7 Rejection of Hazardous Materials. HCPS may ban certain products for use in HCPS to prevent any incidence of exposure to students or employees. HCPS may apply restrictions to the use of certain materials to reduce or eliminate the incidence of exposure. 2.10.8 Product Removal. The Contractor is responsible for removal of all materials used on projects immediately upon completion. The Contractor must list all materials left for HCPS use on a manifest identifying the container type, amount, and where located. The HCPS employee that originated the service or contract shall sign the manifest and deliver to the District Safety Office. 2.10.9 Hazard Notification-Asbestos Containing Materials (ACM) and Lead Based Paint (LBP). ACM and LBP are present in many HCPS buildings. The presence of ACM and LBP does not necessarily mean that a hazard exists; however, it may be hazardous to disturb ACM and LBP. The Contractor must contact the Safety Office prior to commence any work that may affect ACM or LBP materials. 2.10.10 Unsafe Conditions. The Contractor will:  perform work under the terms of this contract will follow the best environmental working practices always; and  not cause any unsafe conditions or perform acts that could have an impact on the safety and health of students, employees, or visitors to HCPS operations; and  comply with all Federal, State, Local, and HCPS environmental policies and procedures; and Hillsborough County Public Schools Page 16 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts  supply, upon request, a written copy of its Environmental Program/Manual for review after contract award (HCPS may periodically review the Contractor's environmental manual and operations); and  be responsible for removal and clean-up of all contamination (or potential contamination) upon occurrence or when identified by the Safety Office; and  immediately report all incidents to the Safety Office. 2.11 INDEMNIFICATION The Contractor agrees to indemnify, hold harmless, and defend HCPS, its agents, servants, and employees servants, and employees from any and all claims, judgments, costs, and expenses including, but not limited to, reasonable attorney’s fees, reasonable investigative and discovery costs, court costs, and all other sums which HCPS, its agents, servants, and employees may pay or become obligated to pay on account of any, all and every claim or demand, or assertion of liability, or any claim or action founded thereon, arising or alleged to have arisen out of the commodities and contractual services furnished by the Contractor, its agents, servants, or employees; the Contractor’s equipment, its agents, servants, or employees while such equipment is on premises owned or controlled by HCPS; or the negligence of the Contractor or the negligence of Contractor's agents when acting within the scope of their employment, whether such claims, judgements, costs, and expenses be for damages, damage to property including HCPS’s property, and injury or death of any person whether employed by the Contractor, HCPS or otherwise. Indemnification (Copyright Infringement). The Contractor shall defend, indemnify, and hold HCPS and its successors and assigns harmless from and against all third-party claims, suits and proceedings, and any and all damages, liabilities, costs and expenses (including reasonable attorneys’ fees and court costs) incurred as a result of (i) infringement by the Contractor of any third-party patent, copyright or trademark, or (ii) misappropriation by the Contractor of any third party trade secret in connection with any of the foregoing. 2.11.1 The Patient Protection and Affordable Care Act. The Contractor agrees that it will offer Minimum Essential Coverage, as that term is defined in the Patient Protection and Affordable Care Act (PPACA) and related regulations, to any agents, servants, employees, assigns, independent contractors, or anyone else retained by the Contractor for the performance of the Contractor’s obligations under this Agreement who spends more than 30 hours per week on average performing services for HCPS. Except as expressly provided herein, the Contractor agrees to assume complete responsibility and liability and indemnify HCPS for any fines, penalties, taxes, excise taxes or other amounts incurred by HCPS related to agents, servants, employees, assigns, independent contractors, or anyone else retained by the Contractor for the performance of the Contractor’s obligations under this Agreement. This includes any fines, penalties, taxes, excise taxes, or other amounts incurred by HCPS based on the Contractor’s failure to comply with requirements under the PPACA including any failure to offer PPACA compliant minimum essential coverage that is affordable and provides minimum value to any agents, servants, employees, assigns, independent contractors, or anyone else retained by the Contractor for the performance of the Contractor’s obligations under this Agreement. 2.11.2 No Waiver of Sovereign Immunity. Nothing herein contained shall be deemed or construed as a waiver of sovereign immunity as provided by § 768.28, Florida Statutes, by any agency or political subdivision to which sovereign immunity may be applicable. HCPS shall not be liable to pay a claim or a judgment by any one person which exceeds the sum of $200,000 or any claim or judgment, or portions thereof, which, when totaled with all other claims or judgments paid by HCPS arising out of the same incident or occurrence, exceeds the sum of $300,000. Nothing herein shall be construed as consent by HCPS to be sued by third parties in any matter arising out of this Agreement. 2.11.3 Independent Contractor. HCPS engages the Contractor as an independent business. The Contractor agrees to provide the commodities and contractual services in the manner of and as an independent contractor. In accordance with the status of an independent contractor the Contractor covenants and agrees that the Contractor will conduct itself consistent with such status, that the Contractor will neither hold HCPS as, nor claim to be an officer or employee of HCPS for any right or privilege applicable to an officer or employee of HCPS, including, but not limited to workers’ compensation coverage, unemployment insurance benefits, social security coverage or retirement membership or credit. [INTENTIONALLY BLANK] Hillsborough County Public Schools Page 17 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts 2.12 WARRANTY The Contractor warrants that provided commodities and contractual services supplied hereunder will be of good workmanship and of proper materials, free from defects and in accordance with specifications. If the Contractor knows of the purchaser’s intended use, the Contractor warrants that the commodities and contractual services are suitable for that intended use. Repeated failure to meet established inspection and repair timeframes below will be cause for default. The minimum warranty on product shall be one (1)-year. The Contractor shall warranty and guarantee all commodities and contractual services for a period of one (1)-year from the date of acceptance and shall repair or replace any and all defects in material or workmanship which are discovered or exist during the warranty period. The Contractor shall bear all labor, products, and transportation costs. Labor shall have a warranty of one (1)-year from the date of completion. Rework for incomplete, insufficient or failed work under a current warranty shall be at no cost to HCPS. A “No Charge” invoice shall be submitted on all warranty repairs detailing the any and all product replaced including dimensions and quantity in writing. The Contractor shall respond to all warranty requests within 24-hours of notification. Effective date on all warranties shall begin at time of complete installation and acceptance by HCPS. 2.13 INFORMATION TECHNOLOGY THIS SECTION APPLIES TO ALL CONTRACTORS WHOSE COMMODITIES OR CONTRACTUAL SERVICES ENABLE OR REQUIRE THE PROVISION THE CONTRACTOR’S ONLINE SOFTWARE SERVICES OR USE OF HCPS’ COMPUTER DATA. 2.13.1 Web Content Accessibility. If the online services will be used by:  students, parents, and the community: the Contractor supplying online services on behalf of HCPS must adhere to the Americans with Disabilities Act (ADA) and with Section 508 of the Rehabilitation Act of 1973. The Contractor will indemnify and defend HCPS from and against any and all losses, liabilities , and claims (including reasonable attorneys’ fees) arising out of any claims by a third party alleging that the online services provided by the Contractor do not adhere to the ADA or with Section 508 of the Rehabilitation Act of 1973.  HCPS Employees: the Contractor supplying online services on behalf of HCPS must adhere to the Americans with Disabilities Act (ADA) and with Section 508 of the Rehabilitation Act of 1973. 2.13.2 Data Re-Use. The Contractor agrees that any and all data exchanged shall be used expressly and solely for the purposes enumerated in this contract. The Contractor must not distribute, repurpose, or share across any other application, environment, or business unit. As required by Federal law, the Contractor further agrees that no HCPS data shall be revealed, transmitted, exchanged, or otherwise passed to other contractors or interested parties except as agreed, in writing, by HCPS’ Procurement Services or its General Manager of Information Technology. 2.13.3 Data Breach. The Contractor agrees to comply with § 501.171 the State of Florida Database Breach Notification process and all applicable laws that require the notification of individuals in the event of unauthorized release of personally identifiable information or other event requiring notification. In the event of a breach of any of the Contractor’s security obligations or other event requiring notification under applicable law (“Notification Event”), the Contractor agrees to notify HCPS immediately and assume responsibility for informing all such individuals in accordance with applicable law and to indemnify, hold harmless, and defend HCPS and its trustees, officers, and employees from and against any claims, damages, or other harm related to such Notification Event. 2.13.4 Data Storage and Backup. The Contractor agrees that any and all HCPS data will be stored, processed, and maintained solely on designated servers and that no HCPS data at any time will be processed on or transferred to any portable or laptop computing device or any portable storage medium, unless that storage medium is in use as part of the Contractor’s designated backup and recovery processes. All servers, storage, backups, and network paths utilized in the delivery of the service shall be contained within the states, districts, and territories of the United States unless specifically agreed to in writing by an HCPS officer with designated data, security, or signature authority. An appropriate officer with the necessary authority can be identified by HCPS’ General Manager of Information Technology for any general or specific case. The Contractor agrees to store all HCPS’ backup data stored as part of its backup and recovery Hillsborough County Public Schools Page 18 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts processes in encrypted form, using no less than 128-bit key. 2.13.5 End of Agreement Data Handling. The Contractor agrees that upon termination of this contract it shall return all data to HCPS in a useable electronic form, and erase, destroy, and render unreadable all HCPS data in its entirety in a manner that prevents its physical reconstruction through the use of commonly available file restoration utilities, and certify in writing that these actions have been completed within thirty (30) days of the termination of this contract or within seven (7) days of the request of an agent of HCPS, whichever shall come first. [INTENTIONALLY BLANK] Hillsborough County Public Schools Page 19 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts 3 BIDDER INSTRUCTIONS 3.1 VENDORLINK VendorLink (www.myvendorlink.com), HCPS’ primary vendor/supplier portal, is a web-based, vendor self-service solution that allows HCPS to collaborate with vendors in a secure, online environment 24×7. HCPS requires Bidders to have a current vendor application on file with www.myvendorlink.com. HCPS may rescind an award for failure to comply with this condition. Potential HCPS contractors must sign-up to register and receive electronic email notification of upcoming solicitations and addenda as they become available. When a solicitation matching those selections becomes available, the VendorLink system automatically sends an email notification to the email address provided during the registration process. The email notification contains the link and information necessary for the solicitation to be viewed and downloaded from any computer. Suppliers can view solicitations by selecting the Bid Solicitations link: www.myvendorlink.com/common/searchsolicitations.aspx. To receive automatic notifications, VendorLink requires all suppliers to be registered by completing the supplier registration process. A vendor with additional questions regarding this solicitation or a related document(s) may submit a written request for clarification to the solicitation at www.myvendorlink.com no later than the “last day to request additional information or clarification,” see coversheet. Any interpretation to a vendor shall be via written addenda posted on VendorLink prior to the bid due date. Any information that amends any portion of this solicitation, received by any method other than an addendum issued to the solicitation, is not binding on HCPS. Where there appears to be a conflict between the solicitation and any addenda issued, the last addendum issued will prevail. 3.2 PRE-BID MEETING If applicable, HCPS may conduct a Pre-Bid Meeting (attendance may be mandatory or voluntary, as required by HCPS) to explain the procurement requirements. HCPS will hold the Pre-Bid Meeting long enough after the issuance of the solicitation to allow vendors to familiarize themselves with the solicitation, but sufficiently before the due date to allow consideration of the meeting results in preparing their bid. Nothing stated at the Pre-Bid Meeting shall change the solicitation until addressed via an HCPS-issued addendum via www.myvendorlink.com. 3.3 BID SUBMITTAL HCPS WILL NOT ACCEPT PAPER (HARDCOPY) BIDS. The Bidder must transmit their Bid electronically through VendorLink at www.myvendorlink.com. Acceptable file formats for upload are Microsoft Excel (.xls or .xlsx), Adobe Portable Document (.pdf), or .ZIP file formats and printing must be enabled on all files submitted. If applicable, the price sheet is available electronically on VendorLink. 3.3.1 On-Time Submittal. The vendor is solely responsible for on-time bid submittal via VendorLink. The vendor must allow adequate time to upload their submittal on VendorLink and shall contact VendorLink’s technical support at support@evendorlink.com if technical difficulties arise during bid upload. HCPS shall not be responsible for delays caused in any occurrence and shall reject bids submitted via any other means. 3.3.2 Weather Closures. Should weather conditions require HCPS to close its offices on the Bid due date, said date will become effective on the same hour of the following HCPS business day or will post any additional extensions via www.myvendorlink.com. 3.3.3 Bid Withdrawal. The Bidder may not withdraw their bid for a period of 120 days after the due date unless otherwise specified. 3.3.4 Variance from Terms. The Bidder must indicate in the bid any variances from specifications, terms, and/or conditions regardless of how slight. HCPS will assume that the goods and services fully comply with the specifications, terms, and conditions herein. 3.3.5 Discrepancies. HCPS is not responsible for discrepancies or inconsistencies provided in the bid and may reject any bid it deems as non-responsive. 3.3.6 Forms. The Bidder, unless otherwise specified, must use the form(s) furnished by HCPS. Failure to do so may be cause for rejection of the bid. 3.3.7 Missing Attachments/Documents. The bid must include all required attachments and requested documentation. Hillsborough County Public Schools Page 20 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts HCPS will not review any Bid prior to the due date and time. HCPS cannot accept any missing documents after the due date unless HCPS deems the missing document as non-material to evaluation of the bid. The Bidder shall promptly provide said documents prior to School Board submittal and/or award. 3.3.8 Signatures. An officer or employee having the authority to contractually bind the vendor must sign the bid. 3.3.9 Trade Secret. The Bidder must submit all “trade secret” information, in response to this solicitation, in compliance with ss. 119.07 F.S., and 812.081 in a separate file and so titled. The Bidder’s failure to prepare and label the confidential or exempt portions of their bid in the manner specified in this section shall constitute a waiver by the Bidder of any applicable exemptions from disclosure or any confidential status including ones that may be applicable to trade secrets under Florida law. If challenged, the Bidder who submits the trade secret information shall bear all costs associated with defending their position. 3.3.10 Joint Bid. HCPS will recognize a single Bidder as the primary contractor, should multiple Bidders submit a joint bid in response to the solicitation. If offering a joint bid, the primary contractor must:  include the names and addresses of all parties of the joint bid; and  provide all bonding and insurance requirements, execute the contract, complete the bid, and have overall and complete accountability to resolve any dispute arising within the contract. Only a single contract with one Bidder shall be acceptable; and  be responsible for performance of services associated with response to this solicitation and overall contract administration; and  preside over other Bidders participating or present at HCPS meetings, oversee preparation of reports and presentations, and file any notice of protest and final protest as described herein; and  prepare and present consolidated invoice(s) for services performed. HCPS shall issue only one check for each consolidated invoice to the prime contractor for services performed. 3.3.11 Costs. All prices/costs/fees/charges offered herein shall be firm against any increase for the initial term of the contract, unless mutually agreed or as stated otherwise in this solicitation or addenda. The Contractor shall bear sole responsibility to notify Procurement Services no less than 60 days prior to any anticipated changes in prices. Any request for changes requires the submittal of bona-fide manufacturer's documents, including but not limited to Producer Price Index information, Consumer Price Index for the affected market, industry, goods, and/or manufacturer’s price list for evaluation by HCPS. HCPS reserves the right to accept or reject within thirty (30) days after the request for a price change. HCPS will cease orders for items rejected for price change. If HCPS approves the requested price change, the price will remain firm for at least one (1) year or as stated in a written mutually signed renewal letter. 3.3.12 Favored Nation Clause. The Contractor agrees, based on comparable size and quantity, that the Contractor is providing HCPS the same or better pricing than other organizations and governmental agencies. If during the term of this agreement, HCPS identifies better pricing for the same item, the Contractor agrees to offer HCPS the reduced price. 3.3.13 Prompt Payment Discount. The Bidder may offer a cash discount for prompt payment. However, HCPS shall not consider such discounts in determining the lowest net cost for proposal evaluation purposes. HCPS shall compute discounts from the date of satisfactory delivery at place of acceptance or from receipt of correct invoice at the office specified, whichever is later. 3.3.14 Additional Charges and Fees. The Bidder must provide all additional charges such as installation, shipping, insurance, normal service consumables, shop supplies, environmental fees, administration fees, etc. in the Bid. HCPS will not be responsible for any type of miscellaneous surcharges or fees. Post award, the Contractor may not add any additional fees to the order including, but not limited to, special handling charges, hazardous materials fees, fuel surcharges, etc. after award without written HCPS approval. 3.3.15 Orders for Goods. The Bidder shall adhere to the following:  Delivered Cost. Delivered costs shall be included in your Bid. Unit pricing shall be inclusive of inside delivery.  FOB Destination. Offered prices for all items shall be F.O.B. Destination and include all shipping charges to all HCPS locations. Hillsborough County Public Schools Page 21 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts  Unit Of Measure. Unit of measure should be as stated on the Bid Response Form/Pricing Sheet.  Minimum Order. HCPS assumes that it will purchase goods on either the smallest unit of measure or as stated in the solicitation. A Bidder’s minimum order requirement exceeding the stated unit of measure is cause for rejection of the Bid as non-responsive.  Stated Quantities. HCPS may provide stated quantities and amounts for the Bidder’s guidance only and does not guarantee quantities utilized during the agreement period. HCPS may base quantities and amounts on historical or projected needs for a specified period.  Bid Only/Or Equal. Specifications in this solicitation may reference specific manufacturers’ products and list their model or part numbers, followed by the words “or equal,” or “approved brands.” Unless the words “only” or “No Substitutes” is used in place of “or equal,” these references are intended to establish a quality and performance standard only. Anything listed, herein, of a proprietary nature is without express knowledge or intent to exclude other manufacturers’ products from consideration.  Return of Goods. All goods returned for any reason other than the Contractor’s error, misrepresentation of specifications, or due to defect may be subject to return freight charges, negotiable between HCPS and the Contractor. HCPS agrees to return goods in the original factory sealed packaging, when possible. The Contractor must provide a return merchandise authorization (RMA) without requiring a purchase order or credit card. If applicable, the Contractor shall ship replacement goods prior to receipt of returned merchandise. 3.3.16 Service Contracts. The Contractor shall adhere to the following:  Rental Equipment. HCPS will reimburse for labor and equipment rental costs in quarter (1/4)-hour increments (when and where applicable and if pre-approved in writing). HCPS will reject Invoices for non-pre-approved rental equipment or "tools of trade." Detailed cost sheets for each project denoting equipment, labor, disposal fees, etc. must accompany invoices. The Contractor must provide the HCPS representative the request for payment no less than ten (10) working days prior to the deadline for submission of the request for payment date.  Materials Markup. The Bidder may only charge a maximum price of cost-plus ten percent (10%) for materials. The parties shall approve cost-plus pricing for unspecified miscellaneous items “balance of line” or “catalog items.” Offered discounts will remain firm for the contract term. The Contractor must provide supporting documentation for said items. The Contractor shall limit this approach to unforeseen goods and services, which should account for a small percentage of purchases for this agreement. HCPS may request additional evidence to identify reasonable charges.  Materials. HCPS will pay only for actual quantity of materials installed for repairs.  Premium Or Weekend Rates. HCPS will not pay any premium for weekends or holidays unless approved in writing prior to the provisions of services.  Travel Time/Call Out Fees. HCPS will not pay for call-out fees or travel time to and from the work site or any travel made during lunch breaks.  Quote Fees. HCPS will not pay for quotes, estimates, or estimator fees.  Minor Consumables. The submitted rates shall be inclusive of minor consumables. HCPS will not provide separate payment for these items. Minor consumables or items listed under the hourly rate are NOT eligible for reimbursement or percentage markup. The cost for these items will be inclusive to the submitted hourly rates. Any discounts offered with the Bid will remain firm for the term of the agreement. 3.4 NOTICE OF INTENT HCPS will post a Notice of Intent to Award/Rejection to enter into one or more agreements with Bidder(s) identified therein, on www.myvendorlink.com. A notice of intent to award under this solicitation shall not constitute or form any agreement between HCPS and a Bidder. Hillsborough County Public Schools Page 22 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts 3.5 CONTRACT This solicitation, all related addenda, and the submitted bid, upon award by the School Board or approved by HCPS shall constitute a legally binding agreement (the “Agreement”). The Contractor shall not provide goods and services nor shall HCPS compensate a Contractor for said goods and services until the Contractor has submitted the required insurance certificate, met Jessica Lunsford Act compliance (if applicable), and is in receipt of an HCPS award letter and related purchase order. [INTENTIONALLY BLANK] Hillsborough County Public Schools Page 23 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts 4 SPECIAL CONDITIONS 4.1 CONTACT INFORMATION & CERTIFICATION The Bidder must supply the information listed below for consideration. In case of dispute or if further clarification becomes necessary, please indicate your representative’s contact information. The General Manager of Procurement Services shall serve as the HCPS representative. LOCAL CONTACT INFORMATION Account Representative Name Title Local Address Phone Number Cell Phone Number Email Address Fax Number X Signature of Owner or Authorized Officer CORPORATE INFORMATION Representative's Name Telephone Number Company Name Principal Place of Business Address Remit-To Address (if different from above) ☐ Corporation ☐ Sole Proprietor/Partnership ☐ Limited Liability Corp. FEIN or SS# ________________________________ ☐ Other. ______________________________________ Preferred method to receive purchase order. ☐ US Mail ☐ Fax ☐ Yes ☐ No. Is vendor Workers’ Compensation Exempt? If Yes, attach proof of exemption ☐ Yes ☐ No. Is your company registered as an SBE with the HCPS Office of Supplier Diversity? ☐ Yes ☐ No. Is your company M/SBE certified with any of the following agencies? - City of Tampa: www.tampagov.net/minority-business-development - FL. Statewide & Inter-Local Certification: www.tampagov.net/minority-business-development - Hillsborough County: www.hillsboroughcounty.org/en/businesses/doing-business-with-hillsborough/minorities-and- women - Florida State Minority Supplier Development Council: www.fsmsdc.org/mbe.php#new-app - City of St. Petersburg: www.stpete.org/assistance/small_business_enterprise_program.php Hillsborough County Public Schools Page 24 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts 4.2 SUBSTITUTE W-9 AND VENDOR INFORMATION FORM To conform to IRS regulations for Form 1099 reporting, HCPS must have a Federal Tax Identification Number or Social Security Number in our files for ALL VENDORS and INDIVIDUALS receiving payments from HCPS; therefore, we request that you provide the following information. Notwithstanding, all inquiries regarding Ethnicity, Race, Gender or Business Certification/Designation are of a purely voluntary nature. ☐ New Request ☐ Change ☐ Name ☐ Tax ID ☐ Remit Address ☐ Other Entity Designation (check only one type) ☐ Individual/Sole Proprietorship ☐ Partnership, ☐ C Corporation ☐ S Corporation ☐ Limited Liability Company – Individual ☐ Limited Liability Company – Partnership ☐ Limited Liability Company – Corporation ☐ Government Entity ☐ Estate / Trust ☐ Organization Exempt from Tax – Nonprofit (under Section 501 (a)(b)(c)(d)) Exemption (See Instructions) ☐ Exempt payee code (if any) ☐ Exemption from FATCA Reporting Code (if any) Legal Name (as shown on your income tax return) ______________________________________________________ Business Name, if different from above (use if doing business as (DBA) or enter business name of Sole Proprietorship) ______________________________________________________ Primary Address (for purchase orders) PO Box or Number and Street, City, State, Zip + 4 ______________________________________________________ ______________________________________________________ ______________________________________________________ Remittance/Accounts Receivable Information (if different from above) PO Box or Number and Street, City, State, Zip + 4 ______________________________________________________ Contact Name, Phone, Email (accounts receivable) ______________________________________________________ ______________________________________________________ ______________________________________________________ Services Provided ☐ Medical ☐ Legal HCPS is committed to doing business with contractors, vendors and other suppliers who reflect the great diversity of our community. We encourage Small Business Enterprises to register with our Office of Supplier Diversity, (813) 635-1240. Please complete the following information: ______________________________________________________ Taxpayer Identification Number (TIN) Provide Only One (If sole proprietorship, provide EIN, if applicable) ______________________________________________________ Social Security Number (SSN) or Employer Identification Number (EIN) NOTE: Our standard payment terms are 45 days net. Would you like to discuss “pay upon approval” terms? ☐ Yes ☐ No Accepted Payment Types ☐ Check ☐ Visa ☐ ACH Service-Disabled Veteran ☐ Yes ☐ No Small/Small Local Business Enterprise ☐ Yes ☐ No Minority Classification ☐ African American, ☐ Asian American ☐ Caucasian Female, ☐ Hispanic American ☐ Native American Certification: The Internal Revenue Service does not require your consent to any provision of this document other than the certifications required to avoid backup withholding. Under penalties of perjury, I certify that: The number shown on this form is my correct taxpayer identification number, and I am not subject to backup withholding because (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and I am a U.S. citizen or other U.S. person (including a U.S. resident alien), and The FATCA code(s) entered on this form (if any) indicating I am exempt from FATCA reporting is correct. Majority Owner’s Gender ☐ Female ☐ Male Certified/Registered Agency (select most recent approval) ☐ FSMSDC (Florida State Minority Supplier Development Council) ☐ WBENC (Women’s Business Enterprise National Council) ☐ City of Tampa, ☐ Hillsborough County ☐ State of Florida, ☐ Other Printed Name Title Telephone Number X Signature Date Email Address Hillsborough County Public Schools Page 25 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts 4.3 BIDDER’S STATEMENT OF PRINCIPAL PLACE OF BUSINESS ☐ If box is checked. Name of Vendor: _______________________________ whose principal place of business is in the state of: ___________________________________________ Vendor’s Signature: X___________________________________________________ INSTRUCTIONS. IF your principal place of business above is located within the State of Florida, provide the information as indicated above and return this form with your bid response. No further action is required. IF your principal place of business is outside of the State of Florida, the following must be completed by an attorney and returned with your bid response. Failure to comply shall be considered to be non-responsive to the terms of this solicitation. OPINION OF OUT-OF-STATE BIDDER’S ATTORNEY ON BIDDING PREFERENCES (To be completed by the Attorney for an Out-of-State Vendor) NOTICE. Section 287.084(2), Florida Statutes, provides that “a vendor whose principal place of business is outside this state must accompany any written bid, proposal, or reply documents with a written opinion of an attorney at law licensed to practice law in that foreign state, as to the preferences, if any or none, granted by the law of that state [or political subdivision thereof] to its own business entities whose principal places of business are in that foreign state in the letting of any or all public contracts.” See also. Section 287.084(1), Florida Statutes. LEGAL OPINION ABOUT STATE BIDDING PREFERENCES (Please Select One)  The Vendor’s principal place of business is in the State of _____________________________ and it is my legal opinion that the laws of that state do not grant a preference in the letting of any or all public contracts to business entities whose principal places of business are in that state.  The Vendor’s principal place of business is in the State of _________________________________ and it is my legal opinion that the laws of that state grant the following preference(s) in the letting of any or all public contracts to business entities whose principal places of business are in that state: [Please describe applicable preference(s) and identify applicable state law(s)]: ____________________________________________________ LEGAL OPINION ABOUT POLITICAL SUBDIVISION BIDDING PREFERENCES (Please Select One)  The Vendor’s principal place of business is in the political subdivision of ___________________________________ and it is my legal opinion that the laws of that political subdivision do not grant a preference in the letting of any or all public contracts to business entities whose principal places of business are in that political subdivision.  The Vendor’s principal place of business is in the political subdivision of _______________________________ and it is my legal opinion that the laws of that political subdivision grant the following preference(s) in the letting of any or all public contracts to business entities whose principal places of business are in that political subdivision: [Please describe applicable preference(s) and identify applicable authority granting the preference(s)]: ___________________________. Signature of out-of-state Bidder’s attorney Printed name of out of state Bidder’s attorney Attorney’s state(s) of bar admission. Telephone number of out of state Bidder’s attorney. Email of out of state Bidders’ attorney Hillsborough County Public Schools Page 26 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts 4.4 STATEMENT OF QUALIFICATIONS Please provide written responses to the following questions. If the answer to any of the questions is “Yes,” the Proposer shall describe fully the circumstances, reasons therefore, the current status, and ultimate disposition of each matter that is the subject of this inquiry. If additional space is needed for any question, please attach to this document. Has Proposer been declared in default of any contract? ☐ Yes ☐ No Has Bidder forfeited any payment of performance bond issued by a surety company on any contract? ☐ Yes ☐ No Has an uncompleted contract been assigned by Bidder’s surety company on any payment of performance bond issued to Bidder arising from its failure to fully discharge all contractual obligations there under? ☐ Yes ☐ No Within the past three (3) years, has Bidder filed for reorganization, protection from creditors, or dissolution under the bankruptcy statutes? ☐ Yes ☐ No Is Bidder now the subject of any litigation in which an adverse decision might result in a material change in the firm’s financial position or future viability? ☐ Yes ☐ No Is Bidder currently involved in any state of a fact-finding, negotiations, or resistance to a merger, friendly acquisition, or hostile take-over, either as a target or as a pursuer? ☐ Yes ☐ No License Sanctions: List any regulatory or license agency sanctions. HCPS may perform a background check on any Bidder with all state and regulatory agencies. ☐ Yes ☐ No X Signature Title Print Name Date [INTENTIONALLY BLANK] Hillsborough County Public Schools Page 27 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts 4.5 PAYMENT OPTIONS ☐ P-Card If box is checked, HCPS personnel may choose to use a P-card in place of a PO to make purchases from this solicitation. Unless exception is communicated to HCPS, the Contractor, by submitting a bid, agrees to accept the P-card as an acceptable form of payment and may not add additional service fees or handling charges to purchases made with the P-card. Refusal to accept this condition may cause your bid to be declared as non-responsive. I accept the Purchasing Card conditions stated in this solicitation. If yes, please check the level of reporting your firm offers its customers who utilize the P-Card: Level Date Supplier Transaction Amount Sales Tax Customer-Defined Code Line-Item Detail ☐ Level 1 X X X ☐ Level 2 X X X X X ☐ Level 3 X X X X X X Other Payment Options. Please check one: ☐ Net 21 Days (E-Payables Option; Visa Virtual Credit Card). Contact Procurement Services for specific information for the E-Payable option. This option will require the use of credit cards through your financial institution and/or credit card processor. ☐ NET 45 (Standard Payment Terms). Invoice payment is Net 45 days from the date of delivery or the receipt of satisfactory invoice, whichever occurs last, unless invoices specify early payment discounts. All payments, other than payments for construction services, due and not made within the time specified by this section bear interest from 30 days after the due date at the rate of one (1%) percent per month on the unpaid balance. HCPS provides payment to its OSD-registered vendors as Net 14 days with no cash discount. ☐ _____ % 21 Days, Net 45. (Discount for early payment; i.e.: 2% 21, NET 45). Invoices less agreed upon discount are paid in 21 days. This option requires you to enter a discount percent. X Signature Title Print Name Date [INTENTIONALLY BLANK] Hillsborough County Public Schools Page 28 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts 4.6 DRUG-FREE WORKPLACE CERTIFICATION HCPS shall provide tie bid preference to businesses with drug-free workplace programs. Whenever two or more bids, which are equal with respect to price, quality, and service, are received by HCPS for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. HCPS shall establish procedures for processing tie bids if none of the tie bids have a drug-free workplace program. To have a drug-free workplace program, a business shall:  Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition.  Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.  Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1).  In the statement specified in subsection (I), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States, or any state, for a violation occurring in the workplace no later than five (5) days after such conviction.  Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any convicted employee.  Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. AS THE PERSON AUTHORIZED TO SIGN THE STATEMENT, I CERTIFY THAT THIS COMPANY COMPLIES FULLY WITH THE ABOVE DRUG-FREE WORKPLACE REQUIREMENTS. X Signature Title Print Name Date [INTENTIONALLY BLANK] Hillsborough County Public Schools Page 29 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts 4.7 SCRUTINIZED COMPANY CERTIFICATION I hereby swear or affirm that as if the date below this company is not listed on a Scrutinized Companies list created pursuant ss. 215.4725, 215.473, or 287.135, Florida Statutes. Pursuant to s. 287.135, Florida Statutes I further affirm that: This company is not participating in a boycott of Israel such that is not 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. This Company does not appear on the Scrutinized Companies with Activities in Sudan List where the State Board of Administration has established the following criteria: Have a material business relationship with the government of Sudan or a government-created project involving oil related, mineral extraction, or power generation activities, or Have a material business relationship involving the supply of military equipment, or Impart minimal benefit to disadvantaged citizens that are typically located in the geographic periphery of Sudan, or Have been complicit in the genocidal campaign in Darfur. This Company does not appear on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List where the State Board of Administration has established the following criteria: Have a material business relationship with the government of Iran or a government-created project involving oil related or mineral extraction activities, or Have made material investments with the effect of significantly enhancing Iran‘s petroleum sector. This Company is not engaged in business operations in Cuba or Syria. X Signature Title Print Name Date [INTENTIONALLY BLANK] Hillsborough County Public Schools Page 30 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts 4.8 CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND VOLUNTARY EXCLUSION This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 7 CFR Part 3017, Section 3017.510, Participants responsibilities. The regulations were published as Part IV of the January 30, 1989, Federal Register (pages 4722-4733). By signing and submitting this certification the potential contractor accepts the following terms: ***** BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS BELOW ***** (1) The prospective lower tier participant certifies, by submission of this Bid, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Name of Potential Contractor Name and Title of Authorized Representative. X Signature of Authorized Representative Date INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this form, the prospective lower tier participant is providing the certification set out on the reverse side in accordance with these instructions. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this form that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this form that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Non-procurement List. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Hillsborough County Public Schools Page 31 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts 4.9 TRUTH AND ACCURACY STATEMENT The signer of this bid guarantees, as evidence by the affidavit required herein, the truth and accuracy of all statements and of all answers to interrogatories hereinafter made. The undersigned hereby: authorizes any public official, engineer, architect, surety company, bank depository, material or equipment manufacturer or distributor or any person, firm, or corporation to furnish any HCPS-requested pertinent information, or its representative, deemed necessary to verify the statements made in this qualification form or regarding the standing and general reputation of the organization; and states that all information given is an accurate representation of the office location and resources from where the services are to be rendered; and certifies that he/she is authorized to sign this bid for the organization and that this bid is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a bid for the same materials, supplies, or equipment and is in all respects fair and without collusion or fraud. The undersigned certifies acceptance of this solicitation’s terms, conditions, exhibits, specifications, attachments, and addenda. “I certify (or declare) under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct.” X Signature Title Print Name Date [INTENTIONALLY BLANK] Hillsborough County Public Schools Page 32 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts 4.10 BYRD ANTI-LOBBYING AMENDMENT CERTIFICATION FORM TO BE SUBMITTED WITH EACH BID EXCEEDING $100,000 The undersigned Contractor certifies to the best of his or her knowledge that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub- awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The undersigned contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. X Signature Title Print Name Date [INTENTIONALLY BLANK] Hillsborough County Public Schools Page 33 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts 4.11 SMALL BUSINESS ENCOURAGEMENT (SBE) PROGRAM LETTER OF INTENT ☐If box is checked: The Office of Supplier Diversity (OSD) www.sdhc.k12.fl.us/doc/list/office-of-supplier- diversity/about/25-117/ registers vendors who desire to compete as part of HCPS’ Small Business, Woman-Owned Business, Minority-Owned, and/or a Service-Disabled Veteran-Owned business. The SBE Program provides a means to measure the HCPS use of Tampa Bay area small businesses. As a result, HCPS contractors, staff, and Bidders are encouraged to utilize businesses registered with the OSD to assist HCPS in reaching its small business reinvestment objectives. HCPS expects participation of OSD-registered SBE vendors in the provision of commodities or contractual services. If third-party agreements are necessary for Contractor to complete the Contract, HCPS recommends using an OSD-registered SBE vendor. The Bidder must note that only those companies that are small or minority certified and meet HCPS’ SBE Program criteria are eligible for participation and/or recognition in HCPS’ SBE Program. A searchable vendor directory is designed to inform interested parties of registered vendors, at: www.sdhc.k12.fl.us/doc/list/office- of-supplier-diversity/documents-forms/25-119/. HCPS will accept only vendors who appear as a registered SBE on the website. The Bidder must submit with the bid a copy of the SBE’s OSD certificate. The Bidder must indicate whether and how third-party vendors are incorporated into the bid. A Bidder who plans to utilize HCPS OSD vendor(s), either as secondary or tertiary sub-contractors, must provide evidence, below. The Bidder-submitted information shall be part of the Contract with HCPS and agrees to submit regular updates, as mutually agreed with the OSD Supplier Diversity Officer. The Contractor (vendor who will receive payment(s) directly from HCPS) must identify SBE utilization expenditures to HCPS’ OSD-registered SBE subcontractor(s) that perform a function in the provision of commodities and contractual services in the Bid. Subcontractor(s) must identify whether they enter second tier subcontracts with an SBE sub- contractors to ensure completion of work. SBE(s) (________ %) percent of the TOTAL dollar value of this Bid or commensurate with actual dollars to be paid by HCPS. A Bidder who claims to utilize HCPS SBE vendors must sign, below, and list the i) names of all proposed SBE subcontractors, ii) contact information, and (iii) description of the commodities and contractual services to be provided. The parties understand that they will enter into a formal agreement for the commodities and contractual services listed herein upon award to Contractor by the Board or HCPS. To be signed by each proposed SBE Subcontractor: The undersigned is currently an OSD-registered SBE who is prepared to perform the described provision of the commodities and contractual services relating to this ITB. The subcontractor understands that services are provided on behalf of the Contractor. HCPS is not responsible for any remuneration on behalf of, or monies owed by the Contractor. SBE Subcontractor Name (A copy of the SBE OSD certificate must be attached. Contact Name, Address, & Telephone Name of Bidder/Prime Contractor Percentage (%) of Total Contract Dollars to Subcontractor Description of Commodities and Contractual Services Name of SBE Vendor Representative Phone Number x Signature of Authorized SBE Representative Email Address Hillsborough County Public Schools Page 34 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts 4.12 ADDENDA AND BID FORM The signer of this bid guarantees, as evidence by the affidavit required herein, the truth and accuracy of all statements and of all answers to interrogatories hereinafter made. The undersigned hereby authorizes any public official, engineer, architect, surety company, bank depository, material or equipment manufacturer or distributor or any person, firm or corporation to furnish any pertinent information requested by HCPS or its representative, deemed necessary to verify the statements made in this qualification form or regarding the standing and general reputation of the applicant. The signer also states that all information given is an accurate representation of the office location and resources from where the commodities and contractual services are to be rendered. The Bidder is not responsible for acknowledging the final HCPS-uploaded addenda (addenda provided after the Question Due Date) if the final addenda does not create a fundamental change to the Bid. Receipt of the following Addenda are hereby acknowledged. (List all Addenda as follows): Addendum No.: 1 Dated: Addendum No.: 2 Dated: Addendum No.: 3 Dated: Addendum No.: 4 Dated: Addendum No.: 5 Dated: Addendum No.: 6 Dated: Addendum No.: 7 Dated: Addendum No.: 9 Dated: X Signature Title Print Name Date [INTENTIONALLY BLANK] Hillsborough County Public Schools Page 35 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts THE BIDDER MUST READ AND RESPOND TO THIS SECTION IN ITS ENTIRETY AND MAY SUPPLEMENT THIS SECTION WITH ADDITIONAL PAGES AS TO PROVIDE HCPS WITH A MORE DETAILED BREAKDOWN, BACKUP AND/OR OPTIONS OF RELATED COSTS ASSOCIATED WITH THE SOLICITED COMMODITIES AND CONTRACTUAL SERVICES. 4.13 ESTIMATED BUDGET Estimated yearly spend for the commodities and contractual herein are $3,000,000, subject to the availability of funds. HCPS’ performance and obligation to pay under this contract is contingent upon an annual appropriation by The School Board of Hillsborough County, Florida. The costs of commodities and contractual services paid under any other contract or from any other source are not eligible for reimbursement under this Contract. 4.14 CONTRACT TERM/RENEWALS The Contract period will be for a one (1) year period with an option to renew for four (4) additional one (1) year periods as appropriations allow in the budget. Renewals shall be based on vendor performance and mutual agreement between HCPS and the Contractor to provide the identical services required under this Contract as outlined in the Scope of Work/Services and maintain the same terms, conditions, and cost structure as delineated herein. All renewals shall be in writing at least ninety (90) days prior to the termination of the current Contract period. 4.14.1 Temporary Renewal. If HCPS has a need to extend this Contract beyond the stated renewal periods, HCPS and the Contractor may agree to renew the Contract for a period not to exceed 180 days. 4.14.2 Temporary Unilateral Renewal. If the Contractor requests to not renew this Contract at the end of an effective term, it is understood and agreed that HCPS may unilaterally renew this Contract, for a period not to exceed ninety (90) days, under the same prices, terms, conditions, and specifications to allow for resoliciting this Contract. 4.15 MINIMUM QUALIFICATIONS The Bidder must provide and/or be compliant with all the below documentation. HCPS will not evaluate Bids that fail to provide the documentation below and shall deem the Bidder as non-responsible. Additionally, HCPS reserves the right to request documentation at any time during the agreement period. THE BIDDER MUST PROVIDE DOCUMENTATION TO PROVIDE PROOF OF THE REQUIREMENTS BELOW. 4.15.1 Experience. The Bidder shall have been in the provision of the required commodities and contractual services herein for a minimum of three (3) year(s) and shall provide proof along with the bid (including but not limited to articles of incorporation, business tax receipts…). Failure to provide said proof may be grounds for rejection of bid. Bidders must prove validity of the stated documents to be in effect at the time of Bid opening. HCPS will not award on assumptions that a granting of a license will occur at a future date. The Bidder must provide written evidence that it maintains a permanent place of business and have adequate equipment, finances, and personnel to furnish the goods and services offered satisfactorily and expeditiously. 4.15.2 Business References (Three). The Bidder must submit the requested reference information with the Bid. HCPS may contact these references during the evaluation process and may utilize other references’ information to predict the Bidder's capabilities. Negative references, in HCPS’ sole discretion, may be cause for the Bidder’s disqualification.  Included references should be customers from the previous three (3) years; and  Provide at least three (3) filled-in reference forms; and  HCPS-Preferred references shall be in the following order: o School districts o Hillsborough County, Florida based references o State of Florida based references o Large municipalities or local governments o Private sector Hillsborough County Public Schools Page 36 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts REFERENCE # 1. Vendor Name Telephone # Contact Name E-mail Address Scope of Work Provided Contract/Project Dollar Value REFERENCE # 2. Vendor Name Telephone # Contact Name E-mail Address Scope of Work Provided Contract/Project Dollar Value REFERENCE # 3. Vendor Name Telephone # Contact Name E-mail Address Scope of Work Provided Contract/Project Dollar Value Hillsborough County Public Schools Page 37 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts 4.15.3 Licenses/Permits/Business Tax. The Bidder must provide proof that it is in possession of and is current with all applicable business/occupational licenses, business taxes, and able to obtain all applicable permits, whether municipal, county, state, or federally, required for the provision of the Contractor’s obligations and functions hereunder upon the Bid’s due date. Failure to adhere to this paragraph or provide any necessary licenses or qualifications to lawfully provide the required goods and services shall be cause for rejection of the Bid, agreement default, or, if not specifically stated in this solicitation, shall be cause for immediate termination and further sanctions. 4.15.4 Proof of Insurance. The Bidder must provide with the bid a copy of any policy evidencing the insurance coverages and limits required by the ITB. However, it does not constitute approval or agreement by HCPS that the insurance requirements have been satisfied or that the insurance policies shown on the Certificates of Insurance follow the requirements of the solicitation. 4.16 THE JESSICA LUNSFORD ACT (JLA) BADGES (APPLICABLE UPON AWARD) ☐ If box is checked. To comply with ss. 1012.465 and 1012.467, Florida Statutes, the “Jessica Lunsford Act”, a Contractor meeting any of the three (3) criteria, below, upon award, must be Level II fingerprinted and Florida Department of Law Enforcement (FDLE)/Federal Bureau of Investigations (FBI) screened by the HCPS Professional Standards Department. Those Contractor’s employees must have the statewide JLA badge and the HCPS yellow badge to access HCPS sites. Site personnel will deny access to all Contractors violating this requirement. More information is available at www.sdhc.k12.fl.us/doc/164/procurement-jla.  be at school when students are present, or  have direct contact with students, or  have access to or control of school funds. The only applicable exception is the "six-foot fence" rule where the Contractor shall perform work, and always remain, in an area separated from students by a chain link fence that is at least six (6) feet high. 4.17 INSURANCE REQUIREMENTS (APPLICABLE UPON AWARD) At its sole expense, the Contractor shall maintain the following insurance during the term of this Bid and such insurance will apply to the Contractor, its employees, agents, and subcontractors. 4.17.1 Workers’ Compensation and Employers’ Liability. The Contractor must comply with all requirements of the State of Florida Division of Workers’ Compensation. The Workers’ Compensation insurance coverage (inclusive of any amount provided by an umbrella or excess policy) shall be as required by s. 440, F.S. Coverage shall be for all its employees connected with the services of the contract. Unless insured by the Provider, the Provider shall require its subcontractors similarly to provide Workers’ Compensation Insurance for all subcontractor employees. THE BIDDER, IF EXEMPT BY THE STATE OF FLORIDA, MUST PROVIDE PROOF OF EXEMPTION (UNLESS A SOLE PROPRIETOR OR PARTNERSHIP). Employers’ Liability/Accident. $100,000 Disease Policy Limit. $500,000 Disease Each Employee. $100,000 4.17.2 Commercial/General Liability Insurance (Occurrence Form Only). The Contractor must submit a certificate of insurance for contractors/subcontractors showing the coverages below. Hillsborough County Public Schools, 901 East Kennedy Boulevard, Tampa, FL 33602, its board members, officials, employees and volunteers are to be covered as an additional insured in respect to liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; or automobile owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitation on the scope of protection afforded to HCPS, its officials, employees, or volunteers. COMMERCIAL GENERAL LIABILITY - Occurrence Form Only Projects < $1 million Projects > $1 million General Aggregate. $1,000,000 $2,000,000 Each Occurrence. $500,000 $1,000,000 Products/Completed Operations Aggregate. $500,000 $1,000,000 Personal and Advertising Injury. $500,000 $1,000,000 Damage to Rented Premises [Fire Legal Liability]. $50,000 $50,000 Hillsborough County Public Schools Page 38 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts Medical Payments. $5,000 $5,000 General Aggregate. $1,000,000 $2,000,000 Each Occurrence. $500,000 $1,000,000 4.17.3 Business Automobile Liability Insurance. A Contractor who utilizes automobiles that stay on public roads and parking lots only need to have insurance as required by the State of Florida to operate on public roadways. Automobile operation anywhere else on HCPS property requires the below listed insurance. This coverage shall be an "Any Auto" form policy. Hillsborough County Public Schools, 901 East Kennedy Boulevard, Tampa, FL 33602, its board members, officials, employees and volunteers are to be covered as an additional insured in respect to liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; or automobile owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitation on the scope of protection afforded to HCPS, its officials, employees, or volunteers. Coverage must be afforded under a per occurrence from policy for limits not less than: Not Transporting Students/Employees Transporting Students/Employees Bodily Injury [per person/per accident]. $500,000 $1,000,000 Personal Injury Protection (No Fault). $10,000 $10,000 Property Damage. $500,000 $1,000,000 Hired – Non-Owned Liability. $500,000 $1,000,000 Medical Expense. $5,000 $5,000 Combined Single Limit [in lieu of above split limits]. $1,000,000 $5,000,000 4.17.4 Professional Liability and/or Errors and Omissions Liability Insurance. ☐ If box is checked. Claims Made, Professional (E&O) Liability must be afforded for: Bodily Injury. $ 1,000,000 Property Damage. $ 1,000,000 Policy Aggregate. $ 1,000,000 4.17.5 Pollution Liability Insurance. ☐ If box is checked. When this agreement includes the pick-up, transportation and/or disposal of hazardous wastes as governed under title 40 or 49 of the Code of Federal Regulations, the transporter's Automobile Insurance shall be endorsed to include the ICC Form MSC90 (Motor Carrier Act of 1980) and the ISO Form CA 9948 (Pollution Liability-Broadened Coverage for Covered Autos-Business Auto and Truckers Coverage Forms).Occurrence or Claims Made, Pollution Liability must be afforded for: Bodily Injury: $ 1,000,000 Property Damage: $ 1,000,000 4.17.6 No Waiver of Sovereign Immunity. Nothing herein contained shall be deemed or construed as a waiver of sovereign immunity as provided by § 768.28, Florida Statutes, by any agency or political subdivision to which sovereign immunity may be applicable. 4.18 SCOPE OF WORK/SERVICES HCPS is seeking Bids from experienced and qualified Bidders interested in providing the goods and services referenced herein. All specifications in this solicitation are designed to enable a Contractor to satisfy a requirement for a product, material, process, or service. A specification may be expressed as a standard, a part of a standard, or independent of a standard. No specification is intended to unnecessarily limit competition by eliminating items capable of satisfactorily meeting HCPS actual needs and preferences. The fact that a manufacturer or supplier chooses not to produce or supply equipment, supplies, or services to meet these specifications will not be considered sufficient cause to adjudge these specifications as restrictive. The Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment, and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good workmanlike manner the goods and services required by this Agreement. Hillsborough County Public Schools Page 39 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts In order to increase the efficiency of the HCPS Transportation Department, the awarded vendor(s) will be required to do the following:  Provide sufficient new and rebuilt parts for trucks, buses, and vehicles to meet the requirements of HCPS Transportation Department, on as needed basis, for our just in time (JIT) Inventory and,  Assist HCPS in determining industry nomenclature/descriptions, purchasing UOM’s, and manufacturer’s part numbers and,  Keep abreast of new merchandise of interest to HCPS, as well as, any items identified as discontinued. Supply HCPS with an equal substituted item for all discontinued items. All substitutions are to be approved by the Procurement Department first and substitutions will only be allowed for items that have been discontinued by vendors’ manufacturer and,  If needed, have a local facility were items are available for pickup. 4.18.1 At its discretion, HCPS may elect to purchase and maintain ownership of certain specialized items. 4.18.2 HCPS reserves the right to add any items(s) to this bid as a permanent item at a set price, should HCPS have the need to stock the items at the Transportation Department warehouses. 4.18.3 Changes in Scope of Work. HCPS may order changes in the products or services consisting of additions, deletions, or other revisions within the general scope of the solicitation. Unless accepted by a mutually signed written amendment, Contractor may make no changes related to the scope of the project, amount of compensation, or any other adjustments to the Contract. 4.18.4 Out Of Scope. If the Contractor believes that any goods and services is not within the scope of work/services of the agreement, is a material change, or will otherwise require more compensation to the Contractor, the Contractor must notify the General Manager of Procurement Services, in writing, of this belief. If the General Manager of Procurement Services agrees that the goods and services is within the Contract’s scope, as written, the Contractor shall continue providing the goods and services as changed and at the cost stated for the product or service within the scope. The Contractor must assert its right to an adjustment under this clause within thirty (30) days from the date of receipt of the written order. The General Manager of Procurement Services reserves the right to negotiate with the Contractor without completing the competitive bidding process for goods and services like those specified within the solicitation for which requirements were unknown upon release of the solicitation. 4.18.5 Tasks. The required tasks are listed herein, including necessary resources, deliverables, quality of performance and project requirements that the Contractor must comply with during the provision of commodities and contractual services.  Vendor must deliver product to four facilities. 4.18.6 Deliverables. Below, HCPS identifies project deliverables required for the services to be successfully completed, including any time-sensitive milestones or deliverables: SIGNATURE ACKNOWLEDGES THAT THE BIDDER HAS READ THE TERMS AND CONDITIONS HEREIN PRIOR TO SUBMITTING A BID AND IS READY, WILLING, AND ABLE TO FULFILL THE APPLICABLE OBLIGATIONS IN ACCORDANCE TO SAID TERMS AND CONDITIONS AND IS SUBMITTING WITHOUT COLLUSION WITH ANY OTHER INDIVIDUAL OR FIRM. Vendor’s Name Signature of Bidder’s Authorized Official Date Print Name and Title of Authorized Official Hillsborough County Public Schools Page 40 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts 5 JUST-IN-TIME INVENTORY HCPS Transportation Department will work with the awarded vendor throughout the contract period to determine the parts, supplies, and equipment to carry in inventory. This determination will be based on usage, fleet size, and critical need of the part, ordering specifications, turnaround time, or any combination of these factors. The vendor shall have access to usage reports and will be able to offer suggestions based on usage, delivery time and/or availability. Prompt response requests for parts is crucial to establish and maintain a high level of maintenance shop productivity. Any decision to make changes that impact response times will be mutually agreeable with the HCPS Transportation Fleet Manager and the Vendor. 5.1.1 Quality: The vendor shall provide stock and non-stock original equipment parts, supplies and equipment, or aftermarket items in equal or higher quality. All hydraulic equipment, components, and parts must meet JIC and SAE specifications. 5.1.2 Periodic Inspection: HCPS reserves the right to inspect the quality of materials, supplies, and equipment proposed to be furnished and to reject any item(s) deemed not to meet original equipment standards and performance. All such items provided by the selected vendor for resale to HCPS will remain the property of the vendor until used by HCPS. 5.2 CUSTOMER SERVICE/DELIVERY Provide efficient and rapid customer response at all times. Rapid response shall include delivery to the end user(s) warehouses at all times, or other locations throughout the school district if the need should arise or in the case of an emergency. Delivery expectations: 5.2.1 Delivery hours are Monday through Friday 7:00 AM to 5:00 PM. Warehouse stock deliveries are to be made within two (2) days of receipt of purchase order. 5.2.2 Vendor is to notify HCPS within 24 hours of receipt of purchase order if unable to meet delivery requirements as noted above. 5.2.3 Vendor must be able to provide delivery of non-stocked items within five (5) days of receipt of purchase order. 5.2.4 Vendor must be able to provide emergency deliveries by start of business the day following request/receipt of purchase order to the designated location or warehouse. 5.2.5 HCPS reserves the right to purchase parts and/or services from other sources if the vendor cannot obtain the desired part(s) by start of the next business day to procure parts immediately (for emergencies), if the vendor cannot supply the part(s) in an acceptable period. 5.3 GENERAL PARTS INFORMATION Original equipment quality parts, supplies, and equipment or the equivalent or better are required. HCPS Transportation Department reserves the right to purchase parts and other supplies that are not provided by the vendor within the timeframes specified, or that do not meet original equipment quality, or that are deemed inferior or unacceptable by the fleet facility. 5.3.1 HCPS reserves the right to solicit repairs from any private vendor where said vendor may provide parts and/or labor for the repair of fleet equipment. 5.4 REBUILT/REFURBISHED OR RECYCLED PARTS HCPS requires that in every application, where reasonable and acceptable, the supplier provide retreaded, rebuilt, refurbished, recycled, or re-refined products that meet or exceed OEM, SAE, UL, Mil-spec, ANSI or other industry quality standards, HCPS Transportation Department reserves the right, over the course of the contract period to determine which products must be new, refurbished, recycled, or retreaded. 5.5 CORE EXCHANGE The vendor shall also accept industry standard cores for rebuilding where the parts are acceptable as core exchanges, including water pumps, carburetors, pumps, alternators, engine blocks, etc. 5.6 INVENTORY TRACKING All invoices, packing slips, or receipts shall contain specific tracking information, i.e. equipment number, reference Hillsborough County Public Schools Page 41 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts number, receiving employee name, parts quantities, part number and alpha description, price detail and any other data deemed necessary for effective accounting tracking. 5.7 WARRANTY RECORDS The vendor shall maintain warranty records of items sold to the HCPS and issue any credits, including labor and parts, due the HCPS covered under these warranties. Hillsborough County Public Schools Page 42 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts 6 BID RESPONSE FORM/PRICING SHEET 6.1 PRICING SHEET HCPS may provide the Response Form as a separate Microsoft Word or Excel file. The Bidder must submit the Response Form in the same format or as requested below. HCPS may deem the bid as “non-responsive” for failure to comply with this provision. All prices offered must include all labor, supervision, equipment, travel, charges, and any other incidentals to complete the solution, application, or service. Labor categories shall be cost per hour, either all-inclusive or cost per position (director, technical architect, project manager, etc.). ☐ Statement of Work or Quote. The Bidder must supply Statement of Work or Quote for services (including timeline and payment information). The Statement of Work (SOW) or quote for services, as applicable, shall describe the framework within which the Contractor is expected to operate — that is, the work to be performed and/or the results to be achieved. The SOW should contain the following elements:  Introduction & Background identifies the need for the work, cites the Contract’s goals, describes the location of the work, and identifies how the Contract work fits into the project/program’s mission and goals.  Objectives are well-defined statements of the results to be achieved for the overall mission of the work to be accomplished. They should be quantifiable criteria that must be met for the work to be considered successful.  Scope gives a brief description of what the work does and does not cover. It should be limited to what is necessary to convey the intent of the Contract. It may include an outline of the extent of the work, a brief overview of the steps of the project, a brief description of the methodology used, and a description of the location of the work.  Tasks are activities and milestones to accomplish the Contract objectives. The Bidder may structure the work using milestones, deliverables, or processes. The following may be part of this section.  Time Frame and Deliverables specifies timeframes applicable to the completion of tasks, milestones, and/or completion of the entire Contract and states what the Contractor is responsible for delivering during the work and at the end of the project, as applicable.  Associated Costs specifies costs associated with all required tasks, including rates (hourly/flat) and fees (e.g. for travel, materials & supplies, and miscellaneous expenses).  Signatures from Involved Parties should require signatures from HCPS and the Contractor, including titles/positions and date. ☐ The Bidder must provide a self-generated MS Excel spreadsheet with all applicable pricing and rates. ☒ The Bidder must provide an MS Excel spreadsheet (provided as a separate attachment or on VendorLink). ☐ The Bidder must provide prices for items in HCPS-provided later in this section. 6.1.1 Delivery. What is your company’s delivery time after receipt of order? _____________________________. 6.1.2 Minimum Order. A minimum order requirement may be cause for rejection of the Bid. Preference may go to those Bids with no minimum order requirement, even if the price is higher. HCPS assumes that it will purchase goods on either the smallest unit of measure or as stated in the solicitation. A Bidder’s minimum order requirement exceeding the said unit of measure is cause for rejection of the bid as non-responsive. However, HCPS authorizes additional discounts for quantity purchases (as an alternative). ☐ Yes ☐ No. Does Bidder require a minimum order” If yes, please explain. _________________________________. 6.1.3 On-Line Ordering Information. Please answer the following on-line ordering questions. ☐ Yes ☐ No. The Bidder can offer on-line ordering. If yes, what is the URL? _____________________________________ ☐ Yes ☐ No. The Bidder can customize Its website for the needs of HCPS at no additional charge. Hillsborough County Public Schools Page 43 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts If yes, how long would customization take? ______________________________________________________. AS THE PERSON AUTHORIZED TO SIGN THE STATEMENT, I CERTIFY THAT THIS ORGANIZATION, UPON ACCEPTANCE BY HCPS OR AWARD BY THE BOARD, SHALL COMPLY FULLY WITH THE REQUIREMENTS IN THIS SECTION. Vendor’s Name Print Name Title Signature Date [INTENTIONALLY BLANK] Hillsborough County Public Schools Page 44 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts EXHIBIT A: SAMPLE AGREEMENT HILLSBOROUGH COUNTY PUBLIC SCHOOLS CONTINUING SERVICES AGREEMENT This Hillsborough County Public Schools Continuing Services Agreement (“Agreement”) is hereby entered into by and between The School Board of Hillsborough County, Florida, a body corporate and public, (the "Board") as the governing body of Hillsborough County Public Schools (“HCPS”), and Contractor Name ("Contractor”) as of the date last signed below (“Effective Date”). HCPS and Contractor will collectively be known herein as “the Parties.” NOW THEREFORE, the Parties hereby agree as follows: 1. Award/Order of Precedence. This Agreement is being entered pursuant to HCPS’ Invitation to Bid ITB# ITB number and name (“ITB”) to which Contractor was a bidder. This Agreement is subject to compliance with all the terms and conditions of the ITB and specifications set forth therein, as well as, any amendment or revision thereto, as applicable. The terms of the ITB and the Contractor’s proposal in response to the ITB (“Contractor’s Bid”) are expressly incorporated into this Agreement. The terms of this Agreement, the ITB, and the Contractor’s Bid are intended to be read in conjunction with each other to every extent possible; however, in the event of a conflict, the documents will control in the following priority: 1) Agreement; 2) ITB; and 3) Contractor’s Bid. 2. Services. HCPS hereby engages Contractor to provide the commodities and contractual services (“Services”) as described in the ITB and Contractor’s Bid incorporated herein by reference. 3. Term. The initial term of this Agreement is Click or tap here to enter text. [#] year(s) beginning on Click or tap to enter a date.the “Effective Date.” Any renewals will be in accordance with the ITB. 4. Termination. HCPS may terminate this Agreement with thirty (30) days’ prior written notice to the other Party. HCPS shall be responsible only for payments still due to Contractor for services performed in accordance with this Agreement up to the time of termination. a. Termination for Breach. Contractor agrees to the use of liquidated damages in the event Contractor fails to perform in accordance with the provisions herein. On the occasion where Contractor is in default of contract, or any material provision thereof, or fails to remedy any deficiency in performance, HCPS may procure the necessary commodities and contractual services from an alternative source and hold Contractor financially responsible for any excess costs incurred. HCPS may deduct the difference between the proposed price of the commodity or contractual service and the actual price paid from any current or future obligations owed to Contractor. In addition, default will result in termination of this Agreement and a prohibition against future business with HCPS for a term of not less than two (2) years. b. Non-Appropriation of Funds (Funding Clause). HCPS’ payment obligations are conditioned upon the availability of funds that are appropriated or allocated for the payment of commodities and contractual services. If such funds are not allocated and available, HCPS may terminate this Agreement at the end of the period for which funds are available and shall notify the Consultant at the earliest possible time before such termination. No penalty shall accrue to HCPS and shall not be obligated or liable for any future payments due or for any damages due to termination under this section. 5. Indemnification. Contractor agrees to indemnify, hold harmless, and defend HCPS from and against all claims, suits, actions, damages, or causes of action arising out of the negligent acts of Contractor arising out of or regarding the provisions of this Agreement. 6. Amount. There is no minimum or maximum total contract amount guaranteed pursuant to this Agreement. HCPS will engage Contractor as needed on a project-by-project basis in accordance with the terms and conditions of the ITB. 7. Payment. All accounting and invoicing correspondence must reference an HCPS purchase order number. HCPS complies with the Florida Prompt Payment Act (ss. 218.70-218.80, Florida Statutes). Invoice payment is Net 45 days from the date of delivery or the receipt of a proper invoice, whichever occurs last, unless invoices specify early payment discounts. All payments due and not made within the time specified by this section bear interest from Hillsborough County Public Schools Page 45 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts thirty (30) days after the due date at the rate of one (1%) percent per month on the unpaid balance. The Consultant must ensure that each invoice contains the following:  Purchase order number. Contractor must not provide the commodities and contractual services without an HCPS- issued purchase order.  Contractor’s contact information (phone number, shipped quantities, item descriptions, and units of measure).  Addressed to Hillsborough County Public Schools, Attn. Accounts Payable Department, P.O. Box 3408, Tampa, FL 33601-3408.  Include all provided commodities and contractual services provided during the invoice period. c. Service invoices. Contractor must provide a duplicate invoice for all services, identified as a “duplicate” or “copy” to the ordering department or designated the hcps contact. d. Commodity Invoices. Payment is on a per order basis. 8. Jessica Lunsford Act. Per §§ 1012.465 and 1012.467, Florida Statutes, the “Jessica Lunsford Act” requires that Contractors who meet any of the three (3) criteria below must be Level II fingerprinted and Florida Department of Law Enforcement (FDLE)/Federal Bureau of Investigations (FBI) screened by the HCPS Professional Standards:  be at school when students are present, or  have direct contact with students, or  have access to or control of school funds The only applicable exception is the "six-foot fence" rule where the Consultant shall perform work, and always remain, in an area separated from students by a chain link fence that is at least six (6) feet high. The Consultant’s employees will be required to have the statewide JLA badge and the HCPS yellow badge to access school sites. HCPS site personnel will deny access to the Consultant’s personnel who violate this requirement. HCPS will not use the “in-line-of-sight” rule. All fingerprinting is through the HCPS Fingerprinting Department located at the Instructional Services Center, 2920 N. 40th Street, Tampa, FL 33605. If you have any specific questions regarding fingerprinting procedures or hours of operation, please call (813) 840-7178, or go to www.sdhc.k12.fl.us/Procurement/JessicaLunsfordAct.asp for additional information 9. Amendments. Any changes, amendments, or modifications to this Agreement must be in writing and signed by both parties to be effective. 10. Assignment. Contractor may not, without the advance written approval of HCPS, assign any right or delegate any duties hereunder nor may it transfer, pledge, surrender, or otherwise encumber or dispose of its interest in any portion of this Agreement. 11. Public Records Law. Contractor acknowledges that this Agreement and all documents submitted to HCPS related to this Agreement are a matter of public record and are subject to the State of Florida Public Records Law Ch. 119 F.S., Art. I s. 24, of the State Constitution, and any other comparable federal laws. Contractor further acknowledges that HCPS may post this Agreement on HCPS’ website. Contractor also understands the broad nature of these laws and agrees to comply with Florida’s public records laws and laws relating to records retention. If Contractor is acting on behalf of HCPS pursuant to § 119.0701, Florida Statutes Contractor shall:  keep and maintain public records that ordinarily and necessarily would be required by HCPS to perform the service, and  provide the public with access to public records on the same terms and conditions that HCPS would provide the records and at a cost that does not exceed the cost provided in chapter 119, Florida Statutes or as otherwise provided by law, and  ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law, and  meet all requirements for retaining public records and transfer, at no cost, to HCPS all public records in possession of the Consultant upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements, and Hillsborough County Public Schools Page 46 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts  can provide all electronically stored records in a format that is compatible with HCPS’ information technology systems IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE HCPS OFFICE OF COMMUNICATIONS AT 901 E. KENNEDY BOULEVARD, TAMPA, FLORIDA 33602. PHONE: (813) 272-4060, EMAIL: PRR@SDHC.K12.FL.US. 12. Force Majeure. No default, delay, or failure to perform on the part of the either Party will be considered a default, delay, or failure to perform otherwise chargeable, hereunder, if such default, delay, or failure to perform is due to causes beyond either Party’s reasonable control including, but not limited to, strikes, lockouts, or inactions of governmental authorities; epidemics; pandemics; acts of terrorism; war; embargoes; fire; earthquake; acts of God; or default of common carrier. In the event of such default, delay, or failure to perform, any date or times by which either Party is otherwise scheduled to perform will be extended automatically for a period equal in duration to the time lost because of the excused default, delay, or failure to perform. 13. Notice. When either Party desires to give notice to the other, such notice must be in writing, sent by email, U.S. Mail, postage prepaid, addressed to the Party for whom it is intended at the place last specified; the place for giving notice shall remain such until it is changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving notice: If to HCPS: With a copy to: Corey A. Murphy, General Manager Procurement Services 901 East Kennedy Boulevard Tampa, Florida 33602 Phone: (813) 272-4374 Email: corey.murphy@hcps.net Department contact, title Department Address 1 Address 2 Phone: (813) 999-9999 Email: Email To Consultant: Contact name and title Address 1 Address 2 Phone: (999) 999-9999 Email: Email 14. No Third-Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of HCPS and Contractor, and their respective successors, and no other person or entity shall have any right or action under this Agreement. 15. Statement of Assurance. Contractor shall comply with all applicable laws, ordinances, codes, and statutes of all local, state, or national governing bodies included within this section. Contractor shall comply with the regulations of Title VII of the Civil Rights Act of 1964, as amended, and the Florida Civil Rights Act of 1992, in which no person in the United States shall on the grounds of race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status be excluded from participation in or be denied the proceeds of or be subject to discrimination in the performance of this Agreement. 16. Assignment. Contractor shall not assign, sublet, or otherwise dispose of, without prior written consent of HCPS, any portion of services or responsibilities under this Agreement. 17. Counterparts. This Agreement may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument. If any signature is delivered by facsimile transmission or by e-mail delivery of a “PDF” format data file, such signature shall create a valid and binding obligation of the Party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or PDF signature page were an original thereof. 18. Governing Law & Venue. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Any controversies or legal problems arising out of this Agreement and any action Hillsborough County Public Schools Page 47 of 47 Invitation to Bid: 20204-DST-KJ Truck, Bus, and Vehicle Parts involving the enforcement or interpretation of any rights hereunder shall be submitted exclusively to the authority of the State courts of the Thirteenth Judicial Circuit of Hillsborough County, Florida or to the authority of the United States District Court for the Middle District of Florida. Each Party agrees and admits that the state courts of the Thirteenth Judicial Circuit of Hillsborough County, Florida or the United States District Court for the Middle District of Florida shall have authority over it for any dispute arising under this Agreement. 19. Authority. Each person signing on behalf of the Parties to this Agreement represents and warrants that they have full authority to execute this Agreement on behalf of such party and that this Agreement will constitute a legal and binding obligation of such party. By their duly authorized signatures below, the Parties hereby enter into this Agreement: IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their duly authorized representatives on the day and date written below. Contractor’s legal name The School Board of Hillsborough County, Florida Signature Board Chair Print Name Print Name Date Date March 30, 2021 To Whom It May Concern: This letter is to inform you that we are the sole source manufacturer and supplier of the Load and Pack system refuse vehicle and parts. We provide these systems to the major parks, trail systems and beaches throughout the USA. The biggest sales features of the vehicle are it can pick up speed, labor savings and reduction on major work comp. claims. This unique vehicle is a one-man unit that is second to none and evolves from improvements and updates on a continuous basis. The standard life of a unit is 7-9 years depending on maintenance and environment. Your pay back is normally 2 ½ years or less depending on your current system in use and care of the machine. Thank you for your continued interest in Broyhill vehicles and products. Please check our website for a full line up of our equipment at www.broyhill.com. Sincerely, Craig G. Broyhill President PETERBILT MOTORS COMPANY A COMPANY 1700 WOODBROOK STREET DENTON, TEXAS 76205-7864 940-591-4000 FAX: 940-591-4260 July 30, 2021 Patty Pride City of Clearwater Fleet Maintenance Clearwater, Florida Subject: Peterbilt Dealership Sole Source Letter Mrs. Pride, This letter is to inform all parties that Rush Truck Center, Tampa is the sole Peterbilt dealer located in the Clearwater/Tampa area authorized to sell and service Peterbilt trucks, tractors, parts and accessories manufactured by or for Peterbilt and Paccar Parts. The dealership is the only Peterbilt dealer specifically authorized by Peterbilt to do so in the following counties in the state of Florida: • Charlotte • Sarasota • Citrus • Glades • Hernando • Hillsborough • Manatee • Pasco • Pinellas If you have additional questions, please feel free to contact me at 940.591.4218 PETERBILT MOTORS COMPANY By: ______________________________ John Ball Title: Manager of Dealer Network Development Date: July 30, 2021 DAIMLER Daimler Trucks North America Distribution Network Development July 30, 2021 The City of Clearwater 1900 Grand Ave. Clearwater, FL. 33755 To whom it may concern: This letter is to confirm that Tampa Truck Center LLC, DBA: Southport Truck Group, located at 7528 US HWY 301 North, Tampa, FL. is an authorized Freightliner, Western Star, Sterling and Detroit Diesel dealership in the Tampa, FL. market. Tampa Truck Center is the exclusive sales franchise for Freightliner and Western Star in the following counties: Charlotte De Soto Hardee Hernando Highlands Hillsborough Lee Manatee Pasco Pinellas Polk Sarasota Please feel free to contact me directly at (803) 280-1208 if you require additional information. A Daimler Company Daimler Trucks North America LLC 2477 Deerfield Drive Fort Mill, SC 29715 Cell: 803-280-1208 Douglas.Rogers@Daimler.com 8111 Lyndale Avenue South, Bloomington, Minnesota 55420-1196 ▪ Phone 952-888-8801 ▪ www.thetorocompany.com ▪ Fax 952/887-8258 September 13, 2021 Joyce Hunt Senior Accountant, General Services City of Clearwater 1900 Grand Ave. Clearwater, FL 33758 Dear Joyce Hunt, This letter is to inform you that Wesco Turf, Inc. at 2101 Cantu Court, Sarasota, FL (941-377-6777) is the sole source distributor for Toro commercial turf equipment, parts and service and Toro golf course irrigation products for your geographic area. If you have any questions, please contact me. Sincerely, Troy von Holdt Troy von Holdt District Sales Manager-Sports Fields and Grounds The Toro Company Commercial Products Division The Toro Company Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9736 Agenda Date: 10/7/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 7.9 SUBJECT/RECOMMENDATION: Reappoint John Thomas, Sr. to the Environmental Advisory Board with a term to expire October 31, 2025. (consent) SUMMARY: APPOINTMENT WORKSHEET BOARD: Environmental Advisory Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: None MEMBERS: 5 CHAIRPERSON: Jared Leone MEETING DATES: Quarterly Meetings - 3rd Wed., 4 pm (Jan., April, July, Oct.) STAFF LIAISON: Sarah Kessler/Eng. PLACE: Main Library/Council Chambers APPTS. NEEDED: 1 THE FOLLOWING ADVISORY BOARD MEMBER HAS A TERM WHICH EXPIRES AND NOW REQUIRES REAPPOINTMENT OR REPLACEMENT BY A NEW APPOINTEE: 1. John E. Thomas, Sr. - 1200 Gulf Blvd., Unit 904, 33767 - Environmental Consultant Original Appointment: 10/19/17 (0 absences in the last year) (currently serving 1st term to expire 10/31/21) Interested in Reappointment: Yes THE NAMES BELOW ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY: 1. Erika Escamilla - 1812 Beverly Cir. N., 33764 - Interpreter 2. Deena Stanley - 1280 Lakeview Rd., Lot 339, 33756 - Tax and Payroll Accounting Page 1 City of Clearwater Printed on 10/6/2021 File Number: ID#21-9736 3. Sheila Sullivan - 3043 Marlo Blvd., 33759 - Graduate Student in Sustainability program 4. Nicholas T. West (Pasierb) - 111 N. Nimbus Ave., 33765 - Political Analyst Zip codes of current members: 1 at 33755 1 at 33756 1 at 33764 1 at 33765 1 at 33767 At the October 4 work session, there was council consensus to reappoint Mr. Thomas. Staff was directed to place the item on the consent agenda. Page 2 City of Clearwater Printed on 10/6/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: Ord. 9507-21 Agenda Date: 10/7/2021 Status: Public HearingVersion: 1 File Type: OrdinanceIn Control: Engineering Department Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Approve the request from the owner of property addressed as 2975 Gulf to Bay Boulevard, Clearwater, to vacate a portion of Rogers Street Right-of-Way described as that certain portion of Rogers Street lying west of the east boundaries of Lots 2 and 17, Wm. Brown’s Subdivision of Bayview, Florida, per map or plat thereof as recorded in Plat Book 1, Page 13, of the Public Records of Hillsborough County of which Pinellas was formerly a part; and east of that portion of said Rogers Street vacated per Resolution 69-18 as recorded in Official Records Book 3095, Page 79, of the Public Records of Pinellas County, Florida, and that portion of Rogers Street conveyed to the City of Clearwater by deed recorded in Official Records Book 6302, Page 1729 of the Public Records of Pinellas County, Florida, and pass Ordinance 9507-21 on first reading. SUMMARY: The property owner at 2975 Gulf to Bay Boulevard, Clearwater, has requested the City vacate this remaining portion of Rogers Street within this platted subdivision. All abutting portions of Rogers Street Right-of-Way have been previously vacated. If vacated, the portion vesting in Applicant will be used as a private internal driveway for new apartments being constructed on the abutting property. The property south of Rogers Street, along the proposed vacation, is part of the development requesting this vacation. The City will reserve a utility easement to support existing and future utilities. City staff reviewed this vacation request and determined this Right-of-Way is not necessary for city needs and is in the best interest of the City to be vacated. Page 1 City of Clearwater Printed on 10/6/2021 [RE15-1313-080/275398/1] RE15-1313-080/275398/1 1 Ord. No. 9507-21 ORDINANCE NO. 9507-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING PUBLIC RIGHT-OF-WAY DESCRIBED AS THAT CERTAIN PORTION OF ROGERS STREET LYING WEST OF THE EAST BOUNDARIES OF LOTS 2 AND 17, WM. BROWN’S SUBDIVISION OF BAYVIEW, FLORIDA, PER MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 13, OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA, OF WHICH PINELLAS COUNTY WAS FORMERLY A PART; AND EAST OF THAT PORTION OF SAID ROGERS STREET VACATED PER RESOLUTION NO.69-18 AS RECORDED IN OFFICIAL RECORDS BOOK 3095, PAGE 79, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, AND THAT PORTION OF ROGERS STREET CONVEYED TO THE CITY OF CLEARWATER BY DEED RECORDED IN OFFICIAL RECORDS BOOK 6302, PAGE 1729 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner in fee title of certain real property described herein per the above plat book, and the same owner, as the adjacent property owner of the portion of Rogers Street conveyed to the City as reflected above, both as depicted in Exhibit “A” (attached hereto and incorporated herein), has requested that the city vacate said right-of-way; and WHEREAS, the City Council of the City of Clearwater, Florida finds that said right- of-way is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: The right-of-way 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, contingent upon, and subject to, the City’s fee simple interest therein, which is expressly reserved hereby, and the following conditions precedent: [RE15-1313-080/275398/1] RE15-1313-080/275398/1 2 Ord. No. 9507-21 1. City of Clearwater hereby reserves a utility easement under, over, across and through the property described in Exhibit “B” (attached hereto and incorporated herein), for the installation and maintenance of any and all public utilities. Section 2. The City Clerk shall record this ordinance in the Public Records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING ________________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________ ________________________________ Frank Hibbard Mayor Approved as to form: Attest: ________________________________ ________________________________ Laura Lipowski Mahony Rosemarie Call Assistant City Attorney City Clerk 2963297529812985GULF-TO-BAY BLVD BAY VI EW AVE ROGERS ST S BAYV I E W A V E 5 2 0 5 1 729342990295029603004294030092999300029512970A2970C2970B Document Path: C:\Users\Kieffer.Nyland\City of Clearwater\Engineering Geographic Technology - Location Maps\Stantec\ROWVacation_Aerial_8x11_LAND.mxd PROPOSED R.O.W.VACATION AERIAL 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 2 Proposed Right-of-Way Vacation of Rogers Street N.T.S.Scale:Date:8/18/2021Aerial Flown 2019KNMap Gen By:JBReviewed By: 2963297529812985GULF-TO-BAY BLVD BAY VI EW AVE ROGERS ST S BAYV I E W A V E 5 2 0 5 1 729342990295029603004294030092999300029512970A2970C2970B Document Path: C:\Users\Kieffer.Nyland\City of Clearwater\Engineering Geographic Technology - Location Maps\Stantec\ROWRetention_Aerial_8x11_LAND.mxd PROPOSED EASEMENTRETENTION AERIAL MAP Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Page 2 of 2 N.T.S.Scale:Date:8/18/2021Aerial Flown 2019 Proposed Utility Easement to be Retained KNMap Gen By:JBReviewed By: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9481-21 2nd rdg Agenda Date: 10/7/2021 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Adopt Ordinance 9481-21 on second reading, annexing certain real property described as Lot 1, Hillcrest Estates First Addition, Clearwater, Florida, together with certain Lake Forest Road right-of-way, 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 10/6/2021 Ordinance No. 9481-21 ORDINANCE NO. 9481-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY DESCRIBED AS LOT 1, HILLCREST ESTATES FIRST ADDITION, CLEARWATER, FLORIDA, TOGETHER WITH CERTAIN LAKE FOREST ROAD RIGHT-OF-WAY, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owners of the real property described herein and depicted on the map attached hereto as Exhibit “B” 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: See attached Exhibit “A” for legal descriptions; (ANX2021-06010) The map attached as Exhibit “B” 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. 9481-21 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit A LEGAL DESCRIPTIONS ANX2021-06010 ========================================================================================= Lot 1, Hillcrest Estates First Addition, according to the Plat thereof as recorded in Plat Book 63, page(s) 48, of the Public Records of Pinellas County, Florida; less that part described as follows: Begin at the most Westerly corner of Lot 1, Hillcrest Estates First Addition, for a point of beginning; thence North 54° 08' 50" East, 108.90 feet; thence South 0° 10' 49" East, 63.85 feet; thence North 89° 57' 30" West, 88.47 feet to the point of beginning. Together with: All unincorporated Right-of-Way (670 LF, more or less) of Lake Forest Road Right-of-Way, South from the south Right-of-Way line of NE Coachman Road (SR 590). Exhibit B PROPOSED ANNEXATION Owner(s): Protected Owners Case: ANX2021-06010 Site: Protected Address Property Size(Acres): ROW (Acres): Land Use Zoning PIN: Protected From : Residential Low (RL) R-2 Single Family Residential Atlas Page: To: Residential Low (RL) Low Medium Density Residential (LMDR) 3 9 9 2 5 16840 13 14 15 121 1.71 24/03 399063 9 9 4 2 39924399256 7 8 9 12 13 1 2 3 4 5 6 7 8 19 20 21 1 2 3 4 5 6 7 8 9 10 11 24 1 2 3 16 17 18 19 484950 1A 2A 3A 4A 5A 6A 32/02 1.43 AC(C) AC(C) 1 1 LAKE FOREST RD N E C OA C H M A N R D VARSITY DR COLLEGE HILL DR FOREST GLEN RD 92 5 899 8 4 5 977 930 950 920 9 5 1 888 945 862 8 4 4 910 921 811 887 812 981765 808 911 764 766 874 810 808 832 809 2 3 0 9 2 2 5 1 2 3 5 1 2 3 1 4 229522922356764 765985809 764 905 952 9 9 5 765 945 863 935 955 896 920 2 3 3 0 2364-Not to Scale--Not a Survey-Rev. 6/14/2021 LOCATION MAP Owner(s): Protected Owners Case: ANX2021-06010 Site: Protected Address Property Size(Acres): ROW (Acres): Land Use Zoning PIN: Protected From : Residential Low (RL) R-2 Single Family Residential Atlas Page: To: Residential Low (RL) Low Medium Density Residential (LMDR) DREW ST SHARKEY RD ANNA AVE DORA DR N E C OA C H M A N R D N OLD COACHMAN RDLAKE FOREST RD LORENA LN ELLA PL VARSITY DR COLLEGE HILL DR FOREST GLEN RD RUSKIN RD TERRACE DR EOBERLIN DR NORMAN DR TERRACE DR NACORN CT ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 6/10/2021 AERIAL PHOTOGRAPH Owner(s): Protected Owners Case: ANX2021-06010 Site: Protected Address Property Size(Acres): ROW (Acres): Land Use Zoning PIN: Protected From : Residential Low (RL) R-2 Single Family Residential Atlas Page: To: Residential Low (RL) Low Medium Density Residential (LMDR) LAKE FOREST RD LAKE FOREST RD N E C OA C H M A N R D N E C OA C H M A N R D VARSITY DR VARSITY DR COLLEGE HILL DR COLLEGE HILL DR FOREST GLEN RD FOREST GLEN RD -Not to Scale--Not a Survey-Rev. 6/10/2021 N EXISTING SURROUNDING USES MAP Owner(s): Protected Owners Case: ANX2021-06010 Site: Protected Address Property Size(Acres): ROW (Acres): Land Use Zoning PIN: Protected From : Residential Low (RL) R-2 Single Family Residential Atlas Page: To: Residential Low (RL) Low Medium Density Residential (LMDR) 3 9 9 2 5 16840 13 14 15 121 1.71 24/03 399063 9 9 4 2 39924399256 7 8 9 12 13 1 2 3 4 5 6 7 8 19 20 21 1 2 3 4 5 6 7 8 9 10 11 24 1 2 3 16 17 18 19 484950 1A 2A 3A 4A 5A 6A 32/02 1.43 AC(C) AC(C) 1 1 LAKE FOREST RD N E C OA C H M A N R D VARSITY DR COLLEGE HILL DR FOREST GLEN RD 92 5 899 8 4 5 977 930 950 920 9 5 1 888 945 862 8 4 4 910 921 811 887 812 981765 808 911 764 766 874 810 808 832 809 2 3 0 9 2 2 5 1 2 3 5 1 2 3 1 4 229522922356764 765985809 764 905 952 9 9 5 765 945 863 935 955 896 920 2 3 3 0 2364-Not to Scale--Not a Survey-Rev. 6/14/2021 Single Family Residential Single Family Residential Single Family Residential Single Family Residential Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9482-21 2nd rdg Agenda Date: 10/7/2021 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.2 SUBJECT/RECOMMENDATION: Adopt Ordinance 9482-21 on second reading, amending the future land use plan element of the Comprehensive Plan to designate the land use for certain real property described as Lot 1, Hillcrest Estates First Addition, Clearwater, Florida, 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 10/6/2021 Ordinance No. 9482-21 ORDINANCE NO. 9482-21 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 DESCRIBED AS LOT 1, HILLCREST ESTATES FIRST ADDITION, CLEARWATER, FLORIDA, 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 See attached Exhibit “A” for legal description; Residential Low (RL) (ANX2021-06010) The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s Comprehensive Plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9481-21. Ordinance No. 9482-21 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit A LEGAL DESCRIPTION ANX2021-06010 ========================================================================================= Lot 1, Hillcrest Estates First Addition, according to the Plat thereof as recorded in Plat Book 63, page(s) 48, of the Public Records of Pinellas County, Florida; less that part described as follows: Begin at the most Westerly corner of Lot 1, Hillcrest Estates First Addition, for a point of beginning; thence North 54° 08' 50" East, 108.90 feet; thence South 0° 10' 49" East, 63.85 feet; thence North 89° 57' 30" West, 88.47 feet to the point of beginning. Exhibit B PROPOSED FUTURE LAND USE MAP Owner(s): Protected Owners Case: ANX2021-06010 Site: Protected Address Property Size(Acres): ROW (Acres): Land Use Zoning PIN: Protected From : Residential Low (RL) R-2 Single Family Residential Atlas Page: To: Residential Low (RL) Low Medium Density Residential (LMDR) 3 9 9 2 5 16840 13 14 15 121 1.71 24/03 399063 9 9 4 2 39924399256 7 8 9 12 13 1 2 3 4 5 6 7 8 19 20 21 1 2 3 4 5 6 7 8 9 10 11 24 1 2 3 16 17 18 19 484950 1A 2A 3A 4A 5A 6A 32/02 1.43 AC(C) AC(C) 1 1 I RL RE RU RURU RL RU RURU RE P P RE LAKE FOREST RD N E C OA C H M A N R D VARSITY DR COLLEGE HILL DR FOREST GLEN RD 92 5 899 8 4 5 977 930 950 920 9 5 1 888 945 862 8 4 4 910 811 887 812 981765 808 911 764 905 874 810 808 832 945 955 896 920 2 3 0 9 2 2 5 1 2 3 5 1 2 3 1 42292 2356764 765 921985 809 764 766 952 9 9 5 765 809 863 935 2 3 3 0 22952364-Not to Scale--Not a Survey-Rev. 6/14/2021 N LOCATION MAP Owner(s): Protected Owners Case: ANX2021-06010 Site: Protected Address Property Size(Acres): ROW (Acres): Land Use Zoning PIN: Protected From : Residential Low (RL) R-2 Single Family Residential Atlas Page: To: Residential Low (RL) Low Medium Density Residential (LMDR) DREW ST SHARKEY RD ANNA AVE DORA DR N E C OA C H M A N R D N OLD COACHMAN RDLAKE FOREST RD LORENA LN ELLA PL VARSITY DR COLLEGE HILL DR FOREST GLEN RD RUSKIN RD TERRACE DR EOBERLIN DR NORMAN DR TERRACE DR NACORN CT ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 6/10/2021 AERIAL PHOTOGRAPH Owner(s): Protected Owners Case: ANX2021-06010 Site: Protected Address Property Size(Acres): ROW (Acres): Land Use Zoning PIN: Protected From : Residential Low (RL) R-2 Single Family Residential Atlas Page: To: Residential Low (RL) Low Medium Density Residential (LMDR) LAKE FOREST RD LAKE FOREST RD N E C OA C H M A N R D N E C OA C H M A N R D VARSITY DR VARSITY DR COLLEGE HILL DR COLLEGE HILL DR FOREST GLEN RD FOREST GLEN RD -Not to Scale--Not a Survey-Rev. 6/10/2021 N EXISTING SURROUNDING USES MAP Owner(s): Protected Owners Case: ANX2021-06010 Site: Protected Address Property Size(Acres): ROW (Acres): Land Use Zoning PIN: Protected From : Residential Low (RL) R-2 Single Family Residential Atlas Page: To: Residential Low (RL) Low Medium Density Residential (LMDR) 3 9 9 2 5 16840 13 14 15 121 1.71 24/03 399063 9 9 4 2 39924399256 7 8 9 12 13 1 2 3 4 5 6 7 8 19 20 21 1 2 3 4 5 6 7 8 9 10 11 24 1 2 3 16 17 18 19 484950 1A 2A 3A 4A 5A 6A 32/02 1.43 AC(C) AC(C) 1 1 LAKE FOREST RD N E C OA C H M A N R D VARSITY DR COLLEGE HILL DR FOREST GLEN RD 92 5 899 8 4 5 977 930 950 920 9 5 1 888 945 862 8 4 4 910 921 811 887 812 981765 808 911 764 766 874 810 808 832 809 2 3 0 9 2 2 5 1 2 3 5 1 2 3 1 4 229522922356764 765985809 764 905 952 9 9 5 765 945 863 935 955 896 920 2 3 3 0 2364-Not to Scale--Not a Survey-Rev. 6/14/2021 Single Family Residential Single Family Residential Single Family Residential Single Family Residential Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9483-21 2nd rdg Agenda Date: 10/7/2021 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.3 SUBJECT/RECOMMENDATION: Adopt Ordinance 9483-21 on second reading, amending the Zoning Atlas of the city by zoning certain real property described as Lot 1, Hillcrest Estates First Addition, Clearwater, Florida, 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 10/6/2021 Ordinance No. 9483-21 ORDINANCE NO. 9483-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY DESCRIBED AS LOT 1, HILLCREST ESTATES FIRST ADDITION, CLEARWATER, FLORIDA, 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 “B” is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9481-21. Property Zoning District See attached Exhibit “A” for legal description; Low Medium Density Residential (LMDR) (ANX2021-06010) Ordinance No. 9483-21 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit A LEGAL DESCRIPTION ANX2021-06010 ========================================================================================= Lot 1, Hillcrest Estates First Addition, according to the Plat thereof as recorded in Plat Book 63, page(s) 48, of the Public Records of Pinellas County, Florida; less that part described as follows: Begin at the most Westerly corner of Lot 1, Hillcrest Estates First Addition, for a point of beginning; thence North 54° 08' 50" East, 108.90 feet; thence South 0° 10' 49" East, 63.85 feet; thence North 89° 57' 30" West, 88.47 feet to the point of beginning. Exhibit B PROPOSED ZONING MAP Owner(s): Protected Owners Case: ANX2021-06010 Site: Protected Property Size(Acres): ROW (Acres): Land Use Zoning PIN: Protected From : Residential Low (RL) R-2 Single Family Residential Atlas Page: To: Residential Low (RL) Low Density Residential (LMDR) 3 9 9 2 5 16840 13 14 15 121 1.71 24/03 399063 9 9 4 2 39924399256 7 8 9 12 13 1 2 3 4 5 6 7 8 19 20 21 1 2 3 4 5 6 7 8 9 10 11 24 1 2 3 16 17 18 19 484950 1A 2A 3A 4A 5A 6A 32/02 1.43 AC(C) AC(C) 1 1 LAKE FOREST RD N E C OA C H M A N R D VARSITY DR COLLEGE HILL DR FOREST GLEN RD LMDR I OS/R LMDR 92 5 899 8 4 5 977 950 920 9 5 1 888 945 862 8 4 4 910 921 811 887 981765 808 911 764 766 905 874 810 808 832 9 9 5 809 935 955 896 920 2 3 0 9 2 2 5 1 2 3 5 1 2 3 1 4 229522922356764 930 765 812 985809 764 952 765 945 863 2 3 3 0 2364-Not to Scale--Not a Survey-Rev. 6/17/2021 LOCATION MAP Owner(s): Protected Owners Case: ANX2021-06010 Site: Protected Address Property Size(Acres): ROW (Acres): Land Use Zoning PIN: Protected From : Residential Low (RL) R-2 Single Family Residential Atlas Page: To: Residential Low (RL) Low Medium Density Residential (LMDR) DREW ST SHARKEY RD ANNA AVE DORA DR N E C OA C H M A N R D N OLD COACHMAN RDLAKE FOREST RD LORENA LN ELLA PL VARSITY DR COLLEGE HILL DR FOREST GLEN RD RUSKIN RD TERRACE DR EOBERLIN DR NORMAN DR TERRACE DR NACORN CT ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 6/10/2021 AERIAL PHOTOGRAPH Owner(s): Protected Owners Case: ANX2021-06010 Site: Protected Address Property Size(Acres): ROW (Acres): Land Use Zoning PIN: Protected From : Residential Low (RL) R-2 Single Family Residential Atlas Page: To: Residential Low (RL) Low Medium Density Residential (LMDR) LAKE FOREST RD LAKE FOREST RD N E C OA C H M A N R D N E C OA C H M A N R D VARSITY DR VARSITY DR COLLEGE HILL DR COLLEGE HILL DR FOREST GLEN RD FOREST GLEN RD -Not to Scale--Not a Survey-Rev. 6/10/2021 N EXISTING SURROUNDING USES MAP Owner(s): Protected Owners Case: ANX2021-06010 Site: Protected Address Property Size(Acres): ROW (Acres): Land Use Zoning PIN: Protected From : Residential Low (RL) R-2 Single Family Residential Atlas Page: To: Residential Low (RL) Low Medium Density Residential (LMDR) 3 9 9 2 5 16840 13 14 15 121 1.71 24/03 399063 9 9 4 2 39924399256 7 8 9 12 13 1 2 3 4 5 6 7 8 19 20 21 1 2 3 4 5 6 7 8 9 10 11 24 1 2 3 16 17 18 19 484950 1A 2A 3A 4A 5A 6A 32/02 1.43 AC(C) AC(C) 1 1 LAKE FOREST RD N E C OA C H M A N R D VARSITY DR COLLEGE HILL DR FOREST GLEN RD 92 5 899 8 4 5 977 930 950 920 9 5 1 888 945 862 8 4 4 910 921 811 887 812 981765 808 911 764 766 874 810 808 832 809 2 3 0 9 2 2 5 1 2 3 5 1 2 3 1 4 229522922356764 765985809 764 905 952 9 9 5 765 945 863 935 955 896 920 2 3 3 0 2364-Not to Scale--Not a Survey-Rev. 6/14/2021 Single Family Residential Single Family Residential Single Family Residential Single Family Residential Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9487-21 2nd rdg Agenda Date: 10/7/2021 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.4 SUBJECT/RECOMMENDATION: Adopt Ordinance 9487-21 on second reading, amending Section 3-909.B of the Community Development Code by clarifying who may obtain outdoor café permits and that such permits expire on a yearly basis and require renewal; amending Section 3-909.C to allow outdoor cafes to be located in adjacent streets if closed to vehicular traffic and authorized by the city; amending Section 3-909.D to require operators to maintain outdoor café areas in a neat and orderly appearance and amending Appendix A Schedule of Fees to establish a reduced renewal fee for outdoor café permits and deleting a duplicative and higher fee for outdoor café permits. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/6/2021 Ordinance No. 9487-21 Ordinance No. 9487-21 AN ORDINANCE OF THE CITY OF CLEARWATER MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING SECTION 3-909.B OUTDOOR CAFES LOCATED WITHIN PUBLIC RIGHT(S)-OF-WAY BY CLARIFYING WHO MAY OBTAIN OUTDOOR CAFÉ PERMITS AND THAT SUCH PERMITS EXPIRE ON A YEARLY BASIS AND REQUIRE RENEWAL; BY AMENDING SUBSECTION 3-909.C, LOCATION AND DESIGN REQUIREMENTS BY ALLOWING OUTDOOR CAFES TO BE LOCATED IN ADJACENT STREETS IF CLOSED TO VEHICULAR TRAFFIC AND AUTHORIZED BY THE CITY; BY AMENDING SUBSECTION 3-909.D OPERATIONAL REQUIREMENTS TO REQUIRE OUTDOOR CAFÉ OPERATORS TO BE RESPONSIBLE FOR MAINTAINING OUTDOOR CAFÉ AREAS IN A NEAT AND ORDERLY APPEARANCE AND FREE AND CLEAR FROM DEBRIS; BY AMENDING APPENDIX A, SCHEDULE OF FEES, RATES AND CHARGES, VIII LAND DEVELOPMENT, (1) LEVEL ONE, BY ESTABLISHING A REDUCED RENEWAL FEE FOR OUTDOOR CAFÉ PERMITS AND DELETING A DUPLICATIVE AND HIGHER FEE FOR OUTDOOR CAFÉ PERMITS; CERTIFYING CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, outdoor cafes encourage pedestrian traffic and activity and redevelopment; and WHEREAS, outdoor cafes provide a unique environment for relaxation and food consumption; and WHEREAS, it is advisable to clarify certain permitting requirements for outdoor cafes; and WHEREAS, the established permit requirements and operational standards are necessary to protect and promote the general health, safety and welfare of the residents of the city, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Article 3, Development Standards, Section 3- 909. Outdoor cafes located within public right(s)-of-way, Community Development Code, be amended to read as follows: Section 3-909. Outdoor cafés located within public right(s)-of-way. * * * * * B. Outdoor café permits Application process. The community development coordinator shall review all outdoor cafes as an allowable encroachment into the public right(s)-of-way subject to compliance with the location, design and operational requirements below. 1. An outdoor cafe permit shall only be issued to a person who has paid the business tax for a business establishment and who wishes to provide tables and chairs on the right-of-way consistent with this section. Ordinance No. 9487-21 2. Outdoor cafe permits expire on September 30th of each year and shall be renewed yearly to continue operation of the café. * * * * * C. Location and design requirements. 1. Outdoor cafés are restricted to the sidewalk frontage of the subject business applying for a permit, except that outdoor cafes located within the Cleveland Street District may extend the linear distance of any adjacent business frontage, in accordance with the provisions of Section 3-909.D.10. In the Cleveland Street Café District such cafes may also extend the linear distance of any adjacent business frontage, in accordance with the provisions of Section 3-909.D.10. If authorized by the city, outdoor cafes may also extend into the adjacent Cleveland Street right-of-way provided the street is closed to vehicular traffic and all applicable ADA requirements are met. * * * * * Section 2. That Article 3, Development Standards, Section 3- 909. Outdoor cafes located within public right(s)-of-way, be amended to read as follows with subsections re-numbered as appropriate. D. Operational requirements. * * * * * * 15. The outdoor café operator is responsible for maintaining the outdoor café area and five feet beyond its perimeters in a neat and orderly appearance at all times and shall clear all debris on a periodic basis during the day and at the close of each business day. City owned waste receptacles shall not be used for café food and waste disposal. . Section 3. That Appendix A, Schedule of Fees, Rates and Charges, VIII. Land Development, Section (1) Level 1 Community Development Code, be amended to read as follows. Appendix A, Schedule of Fees, Rates and Charges, VIII. Land Development (1) Level One * * * * * * (i) Outdoor café initial permit (applicable only if located within the public right(s)-of-way) . .$50 Yearly renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . .. . . . .$25 * * * * * * (m) Dog-friendly restaurant or outdoor café permit . . . . . . . . . . .. . . . . . . . . . . . . . . . $75 Ordinance No. 9487-21 Section 4. Amendments to the Community Development Code of the City of Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are hereby adopted to read as set forth in this Ordinance. Section 5. The City of Clearwater does hereby certify that the amendments contained herein, as well as the provisions of this Ordinance, are consistent with and in conformance with the City’s Comprehensive Plan. Section 6. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 7. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 8. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _______________________________ PASSED ON SECOND AND FINAL ____________________________ READING AND ADOPTED ___________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ____________________________ ____________________________ Matthew Mytych Rosemarie Call Assistant City Attorney City Clerk . PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: August 17, 2021 AGENDA ITEM: E.2. CASE: TA2021-07002 ORDINANCE NO.: 9487-21 REQUEST: To amend certain City of Clearwater Community Development Code operational and permit requirements for outdoor cafés, as well as establish a reduced café renewal permit fee in Appendix A, Schedule of Fees, Rates and Charges. INITIATED BY: City of Clearwater, Planning and Development Department BACKGROUND: During the re-opening phases of the COVID emergency the city of Clearwater allowed regulatory flexibility for temporary outdoor cafes and closed Cleveland Street to traffic to accommodate expanded outdoor dining. During this time there was an increase in the number of outdoor cafes in both Downtown and Clearwater Beach. Since the emergency is now over, the city, Amplify Clearwater and the Community Redevelopment Agency are working together to ensure that businesses obtain the proper approval to continue operating outdoor cafes consistent with city ordinances. Upon review of current outdoor café requirements, the Planning and Development Department identified several needed amendments to the Community Development Code to provide greater clarity on permit and operational requirements. Also, as the city has decided to continue the closure of Cleveland Street for outdoor dining, the code needs to provide for café space in the public right-of-way beyond sidewalk areas. ANALYSIS: The proposed amendments to the Community Development Code revise the outdoor café provisions as follows. - Planning & Development Department Community Development Code Text Amendment Community Development Board – August 17, 2021 TA2021-07002 – Page 2 • Clarifies outdoor café permits are issued to those with business tax receipts for the business they serve. • Provides for the yearly renewal of outdoor café permits and at a reduced fee. • Allows for outdoor cafes in the Cleveland Street right-of-way if the street is closed to traffic and ADA requirements are met. • Requires the outdoor café operator to maintain the café area in a neat and orderly appearance and free of debris throughout the business day. It also precludes businesses from using city owned waste receptacles for café food and waste disposal. CRITERIA FOR TEXT AMENDMENTS: CDC Section 4-601 sets forth the procedures and criteria for reviewing text amendments. All text amendments must comply with the following: 1. The proposed amendment is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan. A review of the Clearwater Comprehensive Plan identified the following goals, objectives and policies which will be furthered by the proposed Code amendments: Goal A.3 The City of Clearwater shall ensure that all development or redevelopment initiatives meet the safety, environmental, and aesthetic needs of the City through consistent implementation of the Community Development Code. Objective A.5.5 Promote high quality design standards that support Clearwater’s image and contribute to its identity. Policy A.6.1.6 Land use decisions in Clearwater shall support the expansion of economic opportunity, the creation of jobs and training opportunities as well as the maintenance of existing industries through establishment of enterprise zones, activity centers and redevelopment areas and by coordination with the Chamber of Commerce, Tourist Development Council and other economic development organizations and agencies. Objective A.6.2 The City of Clearwater shall continue to support innovative planned development and mixed land use development techniques in order to promote infill development that is consistent and compatible with the surrounding environment. - Planning & Development Department Community Development Code Text Amendment Community Development Board – August 17, 2021 TA2021-07002 – Page 3 Objective A.6.6 Tourism is a substantial element of the City’s economic base and as such the City shall continue to support the maintenance and enhancement of this important economic sector. Policy A.6.8.1 Build active, attractive communities that are designed at a human scale and encourage walking, cycling and use of mass transit. Outdoor cafes enrich public rights-of-way by creating attractive and inviting areas that increase pedestrian activity and contribute to a vibrant street life. Outdoor cafes also provide opportunities for economic growth as businesses can expand seating areas and serve more customers. This increase in customers and activity generate additional foot traffic in an area which provides spillover effects to other businesses on the street. The proposed amendments are consistent with the goals, objectives, and policies of the Comprehensive Plan. 2. The proposed amendment furthers the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendment will further the purposes of the CDC in that it will be consistent with the following purposes set forth in CDC Section 1-103: Sec. 1-103.A. It is the purpose of this Development Code to implement the Comprehensive Plan of the city; to promote the health, safety, general welfare and quality of life in the city; to guide the orderly growth and development of the city; to establish rules of procedure for land development approvals; to enhance the character of the city and the preservation of neighborhoods; and to enhance the quality of life of all residents and property owners of the city. Sec. 1-103.B.3 Strengthening the City’s economy and increasing its tax base as a whole. Sec. 1-103.E.2. Protect the character and the social and economic stability of all parts of the city through the establishment of reasonable standards which encourage the orderly and beneficial development of land within the city. By providing additional clarification to operational and permitting requirements the proposed amendments to the city’s outdoor café standards further the orderly use of the public right-of- way. Outdoor dining contributes to the vibrancy and character of the city’s Downtown and Clearwater Beach which has a positive impact on the city’s quality of life. Outdoor cafes also provide expanded capacity for eating establishments, increasing the viability of businesses, which will strengthen the City’s economy. As the ordinance allows the right-of-way beyond the sidewalk to be used for outdoor dining in the Cleveland Street District, this amendment will further support the Downtown economy. Establishing clear requirements for maintaining - Planning & Development Department Community Development Code Text Amendment Community Development Board – August 17, 2021 TA2021-07002 – Page 4 clean outdoor dining areas, free and clear from trash and debris also promotes the health and welfare of the city. Proposed Ordinance 9487-21 furthers the purposes of the Community Development Code. SUMMARY AND RECOMMENDATION: The proposed amendment to the Community Development Code is consistent with and will further the goals of the Clearwater Comprehensive Plan and the purposes of the Community Development Code. Based upon the above, the Planning and Development Department recommends APPROVAL of Ordinance No. 9487-21 that amends the Community Development Code. Prepared by Planning and Development Department Staff: ___________________________ Gina L. Clayton Planning and Development Director ATTACHMENTS: Ordinance No. 9487-21 Resume Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9488-21 2nd rdg Agenda Date: 10/7/2021 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.5 SUBJECT/RECOMMENDATION: Adopt Ordinance 9488-21 on second reading, amending the Community Development Code by adding a new section 3-204 to allow for the keeping of chickens in certain residential zoning districts, providing standards for the keeping of chickens and associated accessory structures, and amending Section 8-102 to include definitions for chicken, chicken coop, and chicken run. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/6/2021 Ordinance No. 9488-21 ORDINANCE NO. 9488-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY PROVIDING A NEW SUBSECTION UNDER SECTION 3-204 TO ALLOW FOR THE KEEPING OF CHICKENS IN CERTAIN RESIDENTIAL ZONING DISTRICTS; PROVIDING SPECIFIC STANDARDS FOR THE KEEPING OF CHICKENS AND ASSOCIATED ACCESSORY STRUCTURES; AMENDING SECTION 8-102 TO INCLUDE DEFINITIONS FOR CHICKEN, CHICKEN COOP, AND CHICKEN RUN; CERTIFYING CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in response to community dialogue and engagement with Clearwater residents, the City wishes to allow for the keeping of chickens in certain residential zoning districts subject to certain standards and restrictions; and WHEREAS, the City has determined that revisions to the Community Development Code to allow for the keeping of chickens in certain residential zoning districts would serve to promote more diverse and healthier lifestyle choices for City residents; and WHEREAS, the City of Clearwater adopted the Community Development Code on January 21, 1999, which took effect on March 8, 1999; and WHEREAS, at a duly noticed public meeting the Clearwater Community Development Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed these amendments, conducted a public hearing, considered all public testimony and has determined that these amendments are consistent with the City of Clearwater’s Comprehensive Plan and recommended that the City Council adopt these amendments; and WHEREAS, the City Council has fully considered the recommendation of the Community Development Board and testimony and evidence submitted at its public hearing; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Article 3, Development Standards, Section 3-204., Specific Standards, Community Development Code, be amended to add subsection “I.” and read as follows: Section 3-204. – Specific standards. * * * * * * * * * * I. Backyard Chickens 2 Ordinance No. 9488-21 1. Purpose. The purpose of this subsection is to allow the keeping of chickens within certain residential zoning districts while limiting the intensity and potential impact on neighboring properties. 2. Applicability. The provisions of this subsection shall apply to the keeping of chickens as an accessory use to a detached dwelling on properties located in the LDR, LMDR, MDR, MHDR, and HDR zoning districts. 3. Standards. a. General conditions for the keeping of chickens in the permitted zoning districts. i. Up to four (4) chickens may be kept on any property with an occupied detached dwelling located in the permitted zoning districts. Chickens may not be kept on properties occupied by attached dwellings, or within mobile home parks. ii. A chicken coop and a connected chicken run are both required for the keeping of chickens pursuant to this subsection. Chickens shall be kept within the chicken coop or the chicken run connected thereto at all times. iii. Ducks, geese, turkeys, peafowl, adult male chickens/roosters, or any other poultry or fowl are not allowed under the provisions of this subsection of the Code. iv. Chickens shall be kept primarily for personal use. The selling of chickens, eggs or chicken manure, or the breeding of chickens for commercial purposes is generally prohibited. However, chicken eggs may be sold if the sales are conducted as a part of a lawful home-based business that has obtained all required permits and approvals for such activity. v. Chickens shall not be slaughtered on premises. b. Location and other requirements for chicken coops and chicken runs in the permitted zoning districts. i. The chicken coop shall be covered and ventilated. The chicken coop and chicken run must both be completely secured from predators, including all openings, ventilation holes, doors, and gates. ii. Any chicken coop and chicken run must be located in the rear yard of a property unless the property is a corner lot. For a corner lot, a chicken coup and chicken run must be located in the side yard of the property. iii. The chicken coop and chicken run shall comply with the zoning district’s accessory structure setbacks. iv. The chicken coop and chicken run must be screened using an opaque fence or a landscape screen so that the coop and run cannot be seen from adjacent properties and public rights-of-way. v. The chicken coop shall provide a minimum area of three (3) square feet per chicken and the chicken run shall provide a minimum area of eight (8) square feet per chicken to ensure that the chicken living area is of sufficient size to permit free movement of the chickens. vi. Neither the chicken coop nor the chicken run may be taller than six (6) feet measured from the natural grade and both structures must be accessible for cleaning and maintenance. 3 Ordinance No. 9488-21 c. Health, sanitation, and nuisance as applied to the keeping of chickens in the permitted zoning districts. i. No person shall release or set any chicken free from any chicken coop or chicken run. ii. All feed must be stored in a rodent and predator-proof container. iii. Chicken coops and chicken runs shall be maintained in a clean and sanitary condition at all times. All manure not used for composting or fertilizer shall be promptly removed. Chickens shall not be permitted to create a nuisance consisting of odor, noise or pests, or contribute to any other nuisance condition. d. Enforcement. i. In a public health emergency declared by the Director of the Pinellas County Health Department, including but not limited to an outbreak of Avian Flu or West Nile virus, the County or City may require immediate corrective action in accordance with applicable public health regulations and procedures. ii. No person convicted as a repeat violator of this section may be permitted to, or continue to, keep chickens on their premises. Section 2. That Article 8, Definitions and Rules of Construction, Section 8-102., Definitions, Community Development Code, be amended to add certain definitions and read as follows: Section 8-102. - Definitions. * * * * * * * * * * Chicken means specifically female chickens only (i.e., hens). Chicken coop means a covered house, structure, or room that provides chickens with shelter from weather and with a roosting area protected from predators. Chicken run means a fenced or wired in area or pen with a roof or fencing completely covering the top portion thereof, required in conjunction with a chicken coop to provide an outside exercise area for chickens free from predators and of a size that allows access to a foraging area and sunlight. * * * * * * * * * * Section 3. Amendments to the Community Development Code of the City of Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are hereby adopted to read as set forth in this Ordinance. Section 4. The City of Clearwater does hereby certify that the amendments contained herein, as well as the provisions of this Ordinance, are consistent with and in conformance with the City’s Comprehensive Plan. 4 Ordinance No. 9488-21 Section 5. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 6. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 7. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING ____________________________ PASSED ON SECOND AND FINAL ____________________________ READING AND ADOPTED ____________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ____________________________ ____________________________ Matthew J. Mytych, Esq. Rosemarie Call Assistant City Attorney City Clerk PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: August 17, 2021 AGENDA ITEM: E.1. CASE: TA2021-06001 ORDINANCE NO.: 9488-21 REQUEST: To amend the City of Clearwater’s Community Development Code accessory uses/structures standards to allow for the keeping of backyard chickens and provide standards for associated accessory structures as an accessory use in certain residential zoning districts. INITIATED BY: City of Clearwater, City Attorney’s Office BACKGROUND: At its regular council meeting held on May 6, 2021, the City of Clearwater City Council engaged in a discussion with city staff, residents, and chicken advocates regarding the possibility of allowing chickens in certain residential zoning districts in the City of Clearwater. During the meeting, the City Council requested that the City Attorney’s Office prepare a draft ordinance to allow for the keeping of such chickens. After having worked closely with Planning and Development staff, the City Attorney’s Office has prepared Ordinance 9488-21 which proposes to allow for the keeping of chickens as an accessory use in certain residential districts. ANALYSIS: The proposed amendments to the Community Development Code revise the accessory use/structures specific standards in Section 3-204 and Article 8. Definitions and Rules of Construction as follows. • Allows for the keeping of up to four backyard chickens as an accessory use to detached dwellings located in the LDR, LMDR, MDR, MHDR, and HDR zoning districts. • Clarifies that the keeping of other poultry or fowl, including roosters, is prohibited. - Planning & Development Department Community Development Code Text Amendment Community Development Board – August 17, 2021 TA2021-06001 – Page 2 • Generally prohibits the sale the chicken eggs, the sale of manure, and the breeding of chickens for commercial purposes. However, an exception is provided for the sale of eggs that are a part of a lawful home-based business that has obtained the necessary permits and approvals. • Establishes location, size and other standards for chicken coops and associated chicken runs. • Obligates owners to maintain chicken coops and runs in clean and sanitary manners to ensure proper health and sanitation, and establishes what situations would be a nuisance condition. • Defines chicken, chicken coop, and chicken run. It should be noted that a second supplemental ordinance is concurrently being processed through the City that proposes amendments to Chapter 8, Animals, of the Clearwater Code of Ordinances to provide consistency with the proposed backyard chickens accessory use section. However, the supplemental ordinance is not a subject for review by the City of Clearwater Community Development Board. CRITERIA FOR TEXT AMENDMENTS: CDC Section 4-601 sets forth the procedures and criteria for reviewing text amendments. All text amendments must comply with the following: 1. The proposed amendment is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan. 2. The proposed amendment furthers the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed amendment does not conflict with the Comprehensive Plan, Community Development Code, or any other City ordinances. Specifically, the proposed text amendment will further the purposes of the CDC in that it will be consistent with the following purposes set forth in CDC Section 1-103: Sec. 1-103.A. It is the purpose of this Development Code to implement the Comprehensive Plan of the city; to promote the health, safety, general welfare and quality of life in the city; to guide the orderly growth and development of the city; to establish rules of procedure for land development approvals; to enhance the character of the city and the preservation of neighborhoods; and to enhance the quality of life of all residents and property owners of the city. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9489-21 2nd rdg Agenda Date: 10/7/2021 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.6 SUBJECT/RECOMMENDATION: Adopt Ordinance 9489-21 on second reading, amending Section 8.04, Code of Ordinances, providing an exception from the general keeping of certain animals to allow for the keeping of chickens in certain residential zoning districts and amending Section 8.33 to clarify that it shall be unlawful to allow chickens to wander public streets or the property of another. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/6/2021 Ordinance No. 9489-21 ORDINANCE NO. 9489-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO THE CODE OF ORDINANCES BY PROVIDING A NEW EXCEPTION UNDER SECTION 8.04 FROM THE GENERAL KEEPING OF CERTAIN ANIMALS PROHIBITION OF THE ANIMAL CHAPTER OF THE CODE OF ORDINANCES SPECIFICALLY FOR THE KEEPING OF CHICKENS IN CERTAIN RESIDENTIAL ZONING DISTRICTS PURSUANT TO SECTION 3- 204.I OF THE COMMUNITY DEVELOPMENT CODE; AMENDING SECTION 8.33 TO CLARIFY THAT IT SHALL BE UNLAWFUL TO ALLOW CHICKENS TO WANDER PUBLIC STREETS OR THE PROPERTY OF ANOTHER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in response to community dialogue and engagement with Clearwater residents, the City wishes to allow for the keeping of chickens in certain residential zoning districts subject to specific standards and restrictions; and WHEREAS, the City has determined that revisions to the Community Development Code to allow for the keeping of chickens in certain residential zoning districts would serve to promote more diverse and healthier lifestyle choices for City residents; and WHEREAS, in order to implement the necessary revisions to the Community Development Code to allow for the keeping of said chickens, certain revisions need to be implemented in the Animal Chapter of the Code of Ordinances; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Chapter 8, Animals, Section 8.04., Exceptions to Section 8.03, Code of Ordinances City of Clearwater, be amended to add subsection (11) and read as follows: Sec. 8.04. - Exceptions to section 8.03. The provisions of section 8.03 shall not apply to the following: * * * * * * * * * * (11) The keeping of chickens pursuant to Section 3-204.I of the City of Clearwater Community development code. * * * * * * * * * * Section 2. That Chapter 8, Animals, Section 8.33., Running at Large; securing on public property or property of another, Code of Ordinances City of Clearwater, be amended to read as follows: 2 Ordinance No. 9489-21 Sec. 8.33. - Running at large; securing on public property or property of another. It shall be unlawful for any person who owns, harbors, keeps or maintains any horse, chicken, cow or other domestic animal or pet including dogs to permit such animal to wander on the public streets or on the property of another. Such animals shall not be secured except temporarily on the public streets, parks, property of another or parkways of the city, and any such horse, cow and other animal or pet including dogs found to be wandering at large out of presence of the owner, or tied or secured on the public streets or parkways of the city except temporarily shall be impounded. Section 3. Amendments to the Code of Ordinances of the City of Clearwater are hereby adopted to read as set forth in this Ordinance. Section 4. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 5. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING ____________________________ PASSED ON SECOND AND FINAL ____________________________ READING AND ADOPTED ____________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ____________________________ ____________________________ Matthew J. Mytych, Esq. 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: 9490-21 2nd rdg Agenda Date: 10/7/2021 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.7 SUBJECT/RECOMMENDATION: Adopt Ordinance 9490-21 on second reading, annexing certain unaddressed real property located approximately 835 feet South of Gulf to Bay Boulevard between 2975 Gulf to Bay Boulevard and Old Tampa Bay in Clearwater, Florida 33759, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/6/2021 Ordinance No. 9490-21 ORDINANCE NO. 9490-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN UNADDRESSED REAL PROPERTY LOCATED APPROXIMATELY 835 FEET SOUTH OF GULF TO BAY BOULEVARD BETWEEN 2975 GULF TO BAY BOULEVARD AND OLD TAMPA BAY IN CLEARWATER, FLORIDA 33759, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit “B” 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: See attached Exhibit “A” for legal description; (ANX2021-07012) The map attached as Exhibit “B” 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. 9490-21 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk LEGAL DESCRIPTIONS ANX2021-07012 ========================================================================================= LEGAL DESCRIPTION: THAT PART OF: Lots 16 and 17, of WM. Brown's Subdivision of Bay View, Florida, according to the map or plat thereof as recorded in Plat Book I, Page 13, Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part. and: The East 70 feet of Lot 15, of WM. Brown's Subdivision of Bay View, Florida, according to the map or plat thereof as recorded in Plat Book 1. Page 13, Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part. and: The submerged land lying South [of] and contiguous to the East 70 feet of Lot 15, of WM. Brown's Subdivision of Bay View, Florida, according to the map or plat thereof as recorded in Plat Book 1, Page 13, Public Records of Hillsborough County, Florida, described as follows: From the Northeast corner of said Lot 15, thence South 0 degrees 37'03" West along the East line of Lot 15, 375 feet to a point of the High Water Mark for Point of Beginning, said point being 833 feet plus or minus South, and 614 feet, plus or minus West of the East quarter corner of Section 17, Township 29 South, Range 16 East, thence continuing South 0 degrees 37'03" West 475 feet; thence South 89 degrees 46' 01" West 70 feet; thence North 0 degrees 37'03" East along a line parallel to the extension of the East line of Lot 15 to the mean High Water Mark; thence North Easterly along said mean High Water Mark to the Point of Beginning. and: The submerged land in Tampa Bay, immediately South of and adjacent to Lot 17, of WM. Brown's Subdivision of Bay View, Florida, according to the map or plat thereof as recorded in Plat Book 1, Page 13, Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part, which may be more particularly described as follows: Commencing at the East Quarter corner of Section 17, Township 29 South, Range 16 East; thence South 37 Minutes 3 Seconds West, 458.44 feet along the East boundary of said Section 17; thence South 89 Degrees 46 Minutes 1 Seconds West, 194.7 feet to the Northeast corner of said Lot 17; thence South 37 Minutes 3 Seconds West 462 feet along the East boundary of said Lot 17, to the intersection with the High Water Mark of Tampa Bay, for a POINT OF BEGINNING; thence continuing South 37 Minutes 3 Seconds West 372 feet in line with the East boundary of said Lot 17 produced; thence North 89 Degrees 22 Minutes 57 Seconds West 209.22 feet; thence North 37 Minutes 3 Seconds East 433. 16 feet to the intersection with the aforesaid High Water Mark; thence South 74 Degrees 59 Seconds East, following the High Water Mark 217.8 feet, more or less, to the POINT OF BEGINNING. LYING OUTSIDE OF THE CORPORATE LIMITS OF THE CITY OF CLEARWATER, FLORIDA Exhibit "A" Exhibit "B" PROPOSED ANNEXATION Owner(s): DD Gulf to Bay LLC Case: ANX2021-07012 Site: 2975 Gulf to Bay Blvd (Submerged Lands) Property Size(Acres): ROW (Acres): 2.49 Land Use Zoning PIN: 17-29-16-00000-410-0200 17-29-16-12312-000-0020 From : Residential Low Medium (RLM) UZ Unzoned Atlas Page: 300B To: US 19 – Regional Center (US 19-RC), Water US 19, Preservation (P) A 789101112 (13) 49824 5389 3 A B C 1 2 3 4 2 3 32/02 4.78 32/ 32/04GOVT LOT 1SEE N16-29-16 FOR PARCELINFO60733531.32 11.16 1.48 5040 12312 234567 12 13 14 15 16 17 18 1 41/02 1.93 GOVT LOT 2GOVT LOT 360AC(C) AC(C) AC(C)AC(C) AC(C) AC(C) 1 1 1 GULF-TO-BAY BLVD THORNTON RD ROGERS ST ROGERS ST 7 0 0 7 0 2 5 2 02975 298929852981290929512940290028982950290529092963-Not to Scale--Not a Survey-Rev. 8/13/2021 Old Tampa Bay LOCATION MAP Owner(s): DD Gulf to Bay LLC Case: ANX2021-07012 Site: 2975 Gulf to Bay Blvd (Submerged Lands) Property Size(Acres): ROW (Acres): 2.49 Land Use Zoning PIN: 17-29-16-00000-410-0200 17-29-16-12312-000-0020 From : Residential Low Medium (RLM) UZ Unzoned Atlas Page: 300B To: US 19 – Regional Center (US 19-RC), Water US 19, Preservation (P) BAYSIDE BRG GULF-TO-BAY BLVD C R 3 1 S BAYVI EW AVE CAROLINA AVE ROGERS ST BAY ST ROGERS ST ^-Not to Scale--Not a Survey-Rev. 8/13/2021 Old Tampa Bay ^ ^ PROJECT SITE PROJECT SITE PROJECT SITE AERIAL PHOTOGRAPH Owner(s): DD Gulf to Bay LLC Case: ANX2021-07012 Site: 2975 Gulf to Bay Blvd (Submerged Lands) Property Size(Acres): ROW (Acres): 2.49 Land Use Zoning PIN: 17-29-16-00000-410-0200 17-29-16-12312-000-0020 From : Residential Low Medium (RLM) UZ Unzoned Atlas Page: 300B To: US 19 – Regional Center (US 19-RC), Water US 19, Preservation (P) GULF-TO-BAY BLVD GULF-TO-BAY BLVD ROGERS ST ROGERS ST EAST AVE EAST AVE WEST AVE WEST AVE SOUTH AVE SOUTH AVE ROGERS ST ROGERS ST -Not to Scale--Not a Survey-Rev. 8/13/2021 Old Tampa Bay EXISTING SURROUNDING USES MAP Owner(s): DD Gulf to Bay LLC Case: ANX2021-07012 Site: 2975 Gulf to Bay Blvd (Submerged Lands) Property Size(Acres): ROW (Acres): 2.49 Land Use Zoning PIN: 17-29-16-00000-410-0200 17-29-16-12312-000-0020 From : Residential Low Medium (RLM) UZ Unzoned Atlas Page: 300B To: US 19 – Regional Center (US 19-RC), Water US 19, Preservation (P) A 789101112 (13) 49824 5389 3 A B C 1 2 3 4 2 3 32/02 4.78 32/ 32/04GOVT LOT 1SEE N16-29-16 FOR PARCELINFO60733531.32 11.16 1.48 5040 12312 234567 12 13 14 15 16 17 18 1 41/02 1.93 GOVT LOT 2GOVT LOT 360AC(C) AC(C) AC(C)AC(C) AC(C) AC(C) 1 1 1 GULF-TO-BAY BLVD THORNTON RD ROGERS ST ROGERS ST 7 0 0 7 0 2 5 2 02975 298929852981290929512940290028982950290529092963-Not to Scale--Not a Survey-Rev. 8/13/2021 Old Tampa Bay Vacant Office Multi-Family Residential Institutional Retail Multi-Family Residential Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9491-21 2nd rdg Agenda Date: 10/7/2021 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.8 SUBJECT/RECOMMENDATION: Adopt Ordinance 9491-21 on second reading, amending the future land use plan element of the Comprehensive Plan to designate the land use for certain unaddressed real property located approximately 835 feet South of Gulf to Bay Boulevard between 2975 Gulf to Bay Boulevard and Old Tampa Bay in Clearwater, Florida 33759, upon annexation into the City of Clearwater, as US 19 - Regional Center (US 19-RC) and Water. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/6/2021 Ordinance No. 9491-21 ORDINANCE NO. 9491-21 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 UNADDRESSED REAL PROPERTY LOCATED APPROXIMATELY 835 FEET SOUTH OF GULF TO BAY BOULEVARD BETWEEN 2975 GULF TO BAY BOULEVARD AND OLD TAMPA BAY IN CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS US 19 - REGIONAL CENTER (US 19-RC) AND WATER; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use categories for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category See attached Exhibit “A” for legal description; US 19 – Regional Center (US 19- RC) and Water (ANX2021-07012) The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s Comprehensive Plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9490-21. Ordinance No. 9491-21 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk LEGAL DESCRIPTIONS ANX2021-07012 ========================================================================================= LEGAL DESCRIPTION: THAT PART OF: Lots 16 and 17, of WM. Brown's Subdivision of Bay View, Florida, according to the map or plat thereof as recorded in Plat Book I, Page 13, Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part. and: The East 70 feet of Lot 15, of WM. Brown's Subdivision of Bay View, Florida, according to the map or plat thereof as recorded in Plat Book 1. Page 13, Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part. and: The submerged land lying South [of] and contiguous to the East 70 feet of Lot 15, of WM. Brown's Subdivision of Bay View, Florida, according to the map or plat thereof as recorded in Plat Book 1, Page 13, Public Records of Hillsborough County, Florida, described as follows: From the Northeast corner of said Lot 15, thence South 0 degrees 37'03" West along the East line of Lot 15, 375 feet to a point of the High Water Mark for Point of Beginning, said point being 833 feet plus or minus South, and 614 feet, plus or minus West of the East quarter corner of Section 17, Township 29 South, Range 16 East, thence continuing South 0 degrees 37'03" West 475 feet; thence South 89 degrees 46' 01" West 70 feet; thence North 0 degrees 37'03" East along a line parallel to the extension of the East line of Lot 15 to the mean High Water Mark; thence North Easterly along said mean High Water Mark to the Point of Beginning. and: The submerged land in Tampa Bay, immediately South of and adjacent to Lot 17, of WM. Brown's Subdivision of Bay View, Florida, according to the map or plat thereof as recorded in Plat Book 1, Page 13, Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part, which may be more particularly described as follows: Commencing at the East Quarter corner of Section 17, Township 29 South, Range 16 East; thence South 37 Minutes 3 Seconds West, 458.44 feet along the East boundary of said Section 17; thence South 89 Degrees 46 Minutes 1 Seconds West, 194.7 feet to the Northeast corner of said Lot 17; thence South 37 Minutes 3 Seconds West 462 feet along the East boundary of said Lot 17, to the intersection with the High Water Mark of Tampa Bay, for a POINT OF BEGINNING; thence continuing South 37 Minutes 3 Seconds West 372 feet in line with the East boundary of said Lot 17 produced; thence North 89 Degrees 22 Minutes 57 Seconds West 209.22 feet; thence North 37 Minutes 3 Seconds East 433. 16 feet to the intersection with the aforesaid High Water Mark; thence South 74 Degrees 59 Seconds East, following the High Water Mark 217.8 feet, more or less, to the POINT OF BEGINNING. LYING OUTSIDE OF THE CORPORATE LIMITS OF THE CITY OF CLEARWATER, FLORIDA Exhibit "A" Exhibit "B" PROPOSED FUTURE LAND USE MAP Owner(s): DD Gulf to Bay LLC Case: ANX2021-07012 Site: 2975 Gulf to Bay Blvd (Submerged Lands) Property Size(Acres): ROW (Acres): 2.49 Land Use Zoning PIN: 17-29-16-00000-410-0200 17-29-16-12312-000-0020 From : Residential Low Medium (RLM) UZ Unzoned Atlas Page: 300B To: US 19 – Regional Center (US 19-RC), Water US 19, Preservation (P) A 789101112 (13) 49824 5389 3 A B C 1 2 3 4 2 3 32/02 4.78 32/0 32/04GOVT LOT 1SEE N16-29-16 FOR PARCELINFO 733531.32 11.16 1.48 12312 234567 12 13 14 15 16 17 18 1 41/02 1.93 GOVT LOT 3AC(C) AC(C) AC(C)AC(C) AC(C) AC(C) 1 1 1 I WATER I I I US 19-RC US 19-RC WATER US 19-RC US 19-RC US 19-RC GULF-TO-BAY BLVD THORNTON RD ROGERS ST ROGERS ST 7 0 0 7 0 2 5 2 02975 298929852981290929512940290028982905290929635 1 7 5 1 7 6 0 3 6 0 7300629302990300930003018295029343004296029992970C2970B2970A-Not to Scale--Not a Survey-Rev. 8/13/2021 Old Tampa Bay LOCATION MAP Owner(s): DD Gulf to Bay LLC Case: ANX2021-07012 Site: 2975 Gulf to Bay Blvd (Submerged Lands) Property Size(Acres): ROW (Acres): 2.49 Land Use Zoning PIN: 17-29-16-00000-410-0200 17-29-16-12312-000-0020 From : Residential Low Medium (RLM) UZ Unzoned Atlas Page: 300B To: US 19 – Regional Center (US 19-RC), Water US 19, Preservation (P) BAYSIDE BRG GULF-TO-BAY BLVD C R 3 1 S BAYVI EW AVE CAROLINA AVE ROGERS ST BAY ST ROGERS ST ^-Not to Scale--Not a Survey-Rev. 8/13/2021 Old Tampa Bay ^ ^ PROJECT SITE PROJECT SITE PROJECT SITE AERIAL PHOTOGRAPH Owner(s): DD Gulf to Bay LLC Case: ANX2021-07012 Site: 2975 Gulf to Bay Blvd (Submerged Lands) Property Size(Acres): ROW (Acres): 2.49 Land Use Zoning PIN: 17-29-16-00000-410-0200 17-29-16-12312-000-0020 From : Residential Low Medium (RLM) UZ Unzoned Atlas Page: 300B To: US 19 – Regional Center (US 19-RC), Water US 19, Preservation (P) GULF-TO-BAY BLVD GULF-TO-BAY BLVD ROGERS ST ROGERS ST EAST AVE EAST AVE WEST AVE WEST AVE SOUTH AVE SOUTH AVE ROGERS ST ROGERS ST -Not to Scale--Not a Survey-Rev. 8/13/2021 Old Tampa Bay EXISTING SURROUNDING USES MAP Owner(s): DD Gulf to Bay LLC Case: ANX2021-07012 Site: 2975 Gulf to Bay Blvd (Submerged Lands) Property Size(Acres): ROW (Acres): 2.49 Land Use Zoning PIN: 17-29-16-00000-410-0200 17-29-16-12312-000-0020 From : Residential Low Medium (RLM) UZ Unzoned Atlas Page: 300B To: US 19 – Regional Center (US 19-RC), Water US 19, Preservation (P) A 789101112 (13) 49824 5389 3 A B C 1 2 3 4 2 3 32/02 4.78 32/ 32/04GOVT LOT 1SEE N16-29-16 FOR PARCELINFO60733531.32 11.16 1.48 5040 12312 234567 12 13 14 15 16 17 18 1 41/02 1.93 GOVT LOT 2GOVT LOT 360AC(C) AC(C) AC(C)AC(C) AC(C) AC(C) 1 1 1 GULF-TO-BAY BLVD THORNTON RD ROGERS ST ROGERS ST 7 0 0 7 0 2 5 2 02975 298929852981290929512940290028982950290529092963-Not to Scale--Not a Survey-Rev. 8/13/2021 Old Tampa Bay Vacant Office Multi-Family Residential Institutional Retail Multi-Family Residential Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9492-21 2nd rdg Agenda Date: 10/7/2021 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.9 SUBJECT/RECOMMENDATION: Adopt Ordinance 9492-21 on second reading, amending the Zoning Atlas of the city by zoning certain unaddressed real property located approximately 835 feet South of Gulf to Bay Boulevard between 2975 Gulf to Bay Boulevard and Old Tampa Bay in Clearwater, Florida 33759, upon annexation into the City of Clearwater, as US 19 (US 19) and Preservation (P). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/6/2021 Ordinance No. 9492-21 ORDINANCE NO. 9492-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN UNADDRESSED REAL PROPERTY LOCATED APPROXIMATELY 835 FEET SOUTH OF GULF TO BAY BOULEVARD BETWEEN 2975 GULF TO BAY BOULEVARD AND OLD TAMPA BAY IN CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS US 19 (US 19) AND PRESERVATION (P); 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 “B” is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9490-21. Property Zoning District See attached Exhibit “A” for legal description; US 19 (US 19) and Preservation (P) (ANX2021-07012) Ordinance No. 9492-21 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk LEGAL DESCRIPTIONS ANX2021-07012 ========================================================================================= LEGAL DESCRIPTION: THAT PART OF: Lots 16 and 17, of WM. Brown's Subdivision of Bay View, Florida, according to the map or plat thereof as recorded in Plat Book I, Page 13, Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part. and: The East 70 feet of Lot 15, of WM. Brown's Subdivision of Bay View, Florida, according to the map or plat thereof as recorded in Plat Book 1. Page 13, Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part. and: The submerged land lying South [of] and contiguous to the East 70 feet of Lot 15, of WM. Brown's Subdivision of Bay View, Florida, according to the map or plat thereof as recorded in Plat Book 1, Page 13, Public Records of Hillsborough County, Florida, described as follows: From the Northeast corner of said Lot 15, thence South 0 degrees 37'03" West along the East line of Lot 15, 375 feet to a point of the High Water Mark for Point of Beginning, said point being 833 feet plus or minus South, and 614 feet, plus or minus West of the East quarter corner of Section 17, Township 29 South, Range 16 East, thence continuing South 0 degrees 37'03" West 475 feet; thence South 89 degrees 46' 01" West 70 feet; thence North 0 degrees 37'03" East along a line parallel to the extension of the East line of Lot 15 to the mean High Water Mark; thence North Easterly along said mean High Water Mark to the Point of Beginning. and: The submerged land in Tampa Bay, immediately South of and adjacent to Lot 17, of WM. Brown's Subdivision of Bay View, Florida, according to the map or plat thereof as recorded in Plat Book 1, Page 13, Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part, which may be more particularly described as follows: Commencing at the East Quarter corner of Section 17, Township 29 South, Range 16 East; thence South 37 Minutes 3 Seconds West, 458.44 feet along the East boundary of said Section 17; thence South 89 Degrees 46 Minutes 1 Seconds West, 194.7 feet to the Northeast corner of said Lot 17; thence South 37 Minutes 3 Seconds West 462 feet along the East boundary of said Lot 17, to the intersection with the High Water Mark of Tampa Bay, for a POINT OF BEGINNING; thence continuing South 37 Minutes 3 Seconds West 372 feet in line with the East boundary of said Lot 17 produced; thence North 89 Degrees 22 Minutes 57 Seconds West 209.22 feet; thence North 37 Minutes 3 Seconds East 433. 16 feet to the intersection with the aforesaid High Water Mark; thence South 74 Degrees 59 Seconds East, following the High Water Mark 217.8 feet, more or less, to the POINT OF BEGINNING. LYING OUTSIDE OF THE CORPORATE LIMITS OF THE CITY OF CLEARWATER, FLORIDA Exhibit "A" Exhibit "B" PROPOSED ZONING MAP Owner(s): DD Gulf to Bay LLC Case: ANX2021-07012 Site: 2975 Gulf to Bay Blvd (Submerged Lands) Property Size(Acres): ROW (Acres): 2.49 Land Use Zoning PIN: 17-29-16-00000-410-0200 17-29-16-12312-000-0020 From : Residential Low Medium (RLM) UZ Unzoned Atlas Page: 300B To: US 19 – Regional Center (US 19-RC), Water US 19, Preservation (P) A 789101112 (13) 49824 5389 3 A B C 1 2 3 4 2 3 32/02 4.78 32/ 32/04GOVT LOT 1SEE N16-29-16 FOR PARCEL INFO 733531.32 11.16 1.48 12312 234567 12 13 14 15 16 17 18 1 41/02 1.93 GOVT LOT 2GOVT LOT 3AC(C) AC(C) AC(C)AC(C) AC(C) AC(C) 1 1 1 GULF-TO-BAY BLVD THORNTON RD ROGERS ST ROGERS ST US 19 I P P 5 2 0 7 0 2 7 0 02975290529852909 29092900295029812940298928982951LMD OS/-Not to Scale--Not a Survey-Rev. 8/13/2021 Old Tampa Bay LOCATION MAP Owner(s): DD Gulf to Bay LLC Case: ANX2021-07012 Site: 2975 Gulf to Bay Blvd (Submerged Lands) Property Size(Acres): ROW (Acres): 2.49 Land Use Zoning PIN: 17-29-16-00000-410-0200 17-29-16-12312-000-0020 From : Residential Low Medium (RLM) UZ Unzoned Atlas Page: 300B To: US 19 – Regional Center (US 19-RC), Water US 19, Preservation (P) BAYSIDE BRG GULF-TO-BAY BLVD C R 3 1 S BAYVI EW AVE CAROLINA AVE ROGERS ST BAY ST ROGERS ST ^-Not to Scale--Not a Survey-Rev. 8/13/2021 Old Tampa Bay ^ ^ PROJECT SITE PROJECT SITE PROJECT SITE AERIAL PHOTOGRAPH Owner(s): DD Gulf to Bay LLC Case: ANX2021-07012 Site: 2975 Gulf to Bay Blvd (Submerged Lands) Property Size(Acres): ROW (Acres): 2.49 Land Use Zoning PIN: 17-29-16-00000-410-0200 17-29-16-12312-000-0020 From : Residential Low Medium (RLM) UZ Unzoned Atlas Page: 300B To: US 19 – Regional Center (US 19-RC), Water US 19, Preservation (P) GULF-TO-BAY BLVD GULF-TO-BAY BLVD ROGERS ST ROGERS ST EAST AVE EAST AVE WEST AVE WEST AVE SOUTH AVE SOUTH AVE ROGERS ST ROGERS ST -Not to Scale--Not a Survey-Rev. 8/13/2021 Old Tampa Bay EXISTING SURROUNDING USES MAP Owner(s): DD Gulf to Bay LLC Case: ANX2021-07012 Site: 2975 Gulf to Bay Blvd (Submerged Lands) Property Size(Acres): ROW (Acres): 2.49 Land Use Zoning PIN: 17-29-16-00000-410-0200 17-29-16-12312-000-0020 From : Residential Low Medium (RLM) UZ Unzoned Atlas Page: 300B To: US 19 – Regional Center (US 19-RC), Water US 19, Preservation (P) A 789101112 (13) 49824 5389 3 A B C 1 2 3 4 2 3 32/02 4.78 32/ 32/04GOVT LOT 1SEE N16-29-16 FOR PARCELINFO60733531.32 11.16 1.48 5040 12312 234567 12 13 14 15 16 17 18 1 41/02 1.93 GOVT LOT 2GOVT LOT 360AC(C) AC(C) AC(C)AC(C) AC(C) AC(C) 1 1 1 GULF-TO-BAY BLVD THORNTON RD ROGERS ST ROGERS ST 7 0 0 7 0 2 5 2 02975 298929852981290929512940290028982950290529092963-Not to Scale--Not a Survey-Rev. 8/13/2021 Old Tampa Bay Vacant Office Multi-Family Residential Institutional Retail Multi-Family Residential Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9493-21 2nd rdg Agenda Date: 10/7/2021 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.10 SUBJECT/RECOMMENDATION: Adopt Ordinance 9493-21 on second reading, annexing certain real property whose post office address is 1729 Brentwood Drive, Clearwater, Florida 33756 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 10/6/2021 Ordinance No. 9493-21 ORDINANCE NO. 9493-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF BRENTWOOD DRIVE APPROXIMATELY 340 FEET WEST OF WOODCREST AVENUE, WHOSE POST OFFICE ADDRESS IS 1729 BRENTWOOD DRIVE, CLEARWATER, FLORIDA 33756 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 13, Block D, Oak Acres Addition, according to the map or plat thereof as recorded in Plat Book 32, page 70, Public Records of Pinellas County, Florida (ANX2021-07013) 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. 9493-21 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit “A” LAKE ESTELLE 61866 61866 61867 H H D D C C 13 14 15 5 6 7 8 9 6 7 83 4 5 11 12 1 6 78 9 10 12345 1 23 4 15 2 13 12 11 567 12 11 45 10 7 8 9 2 3 10 9 8 8765432 1 161514131211109 12A 11A 10A 9A 8A 1A 4 10 3 LAKEVIEW RD BRENTWOOD DR EMERALD DR S DUNCAN AVE WOODCREST AVE ESTELLE DR LAUREL DR WOODSIDE AVE S DUNCAN AVE 1720172617211212 171417001220 1208 1738173217081204 1221 1196 1200 1216 1192 1201 17071215 1732171017151714174017181726172217121719173617161129 1736171717281200 171917281721173117321733173717091711173317271739172717191302 1306 11207 91304 17151188 17441121 17271201 1308 1305 1130 1127 1720121617291204 1126 1302 1303 1125 121 174512051201 1300 -Not to Scale--Not a Survey-Rev. 7/14/2021 PROPOSED ANNEXATION Owner(s): Pecora & Pecora Properties LLC Case: ANX2021-07013 Site: 1729 Brentwood Dr Property Size(Acres): ROW (Acres): 0.288 Land Use Zoning PIN: 23-29-15-61866-004-0130 From : Residential Low (RL) R-3 Single-Family Residential District Atlas Page: 307B To: Residential Low (RL) Low Medium Density Residential (LMDR) S KEENE RD LAKEVIEW RD NORWOOD AVE BRENTWOOD DR S DUNCAN AVE WOODCREST AVE JEFFORDS ST WOODSIDE AVE BALMORAL DR LAUREL DR ESTELLE DR EMERALD DR IRVING AVE GRACELYN DR MARJOHN AVE JEFFORDS ST WOODCREST AVE S DUNCAN AVE EMERALD DR ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 7/14/2021 LOCATION MAP Owner(s): Pecora & Pecora Properties LLC Case: ANX2021-07013 Site: 1729 Brentwood Dr Property Size(Acres): ROW (Acres): 0.288 Land Use Zoning PIN: 23-29-15-61866-004-0130 From : Residential Low (RL) R-3 Single-Family Residential District Atlas Page: 307B To: Residential Low (RL) Low Medium Density Residential (LMDR) LAKEVIEW RD LAKEVIEW RD BRENTWOOD DR BRENTWOOD DR EMERALD DR EMERALD DR S DUNCAN AVE S DUNCAN AVE WOODCREST AVE WOODCREST AVE ESTELLE DR ESTELLE DR LAUREL DR LAUREL DR WOODSIDE AVE WOODSIDE AVE S DUNCAN AVE S DUNCAN AVE -Not to Scale--Not a Survey-Rev. 7/13/2021 AERIAL PHOTOGRAPH Owner(s): Pecora & Pecora Properties LLC Case: ANX2021-07013 Site: 1729 Brentwood Dr Property Size(Acres): ROW (Acres): 0.288 Land Use Zoning PIN: 23-29-15-61866-004-0130 From : Residential Low (RL) R-3 Single-Family Residential District Atlas Page: 307B To: Residential Low (RL) Low Medium Density Residential (LMDR) LAKE ESTELLE 61866 61866 61867 H H D D C C 13 14 15 5 6 7 8 9 6 7 83 4 5 11 12 1 6 78 9 10 12345 1 23 4 15 2 13 12 11 567 12 11 4 5 10 7 8 9 2 3 10 9 8 8765432 1 161514131211109 12A 11A 10A 9A 8A 1A 4 10 3 LAKEVIEW RD BRENTWOOD DR EMERALD DR S DUNCAN AVE WOODCREST AVE ESTELLE DR LAUREL DR WOODSIDE AVE S DUNCAN AVE 1720172617211212 171417001220 1208 1738173217081204 1221 1196 1200 1216 1192 1201 17071215 1732171017151714174017181726172217121719173617161129 1736171717281200 171917281721173117321733173717091711173317271739172717191302 11306 11207 91304 17151188 17441121 17271201 1308 1305 1130 1127 1720121617291204 1126 1302 1303 1125 121 174512051201 1300 -Not to Scale--Not a Survey-Rev. 7/14/2021 EXISTING SURROUNDING USES MAP Owner(s): Pecora & Pecora Properties LLC Case: ANX2021-07013 Site: 1729 Brentwood Dr Property Size(Acres): ROW (Acres): 0.288 Land Use Zoning PIN: 23-29-15-61866-004-0130 From : Residential Low (RL) R-3 Single-Family Residential District Atlas Page: 307B To: Residential Low (RL) Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential ANX2021-07013 Pecora & Pecora Properties, LLC 1729 Brentwood Drive View looking south at subject property 1729 Brentwood Drive West of the subject property East of the subject property Across the street, to the north of the subject property View looking easterly along Brentwood Drive View looking westerly along Brentwood Drive Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9494-21 2nd rdg Agenda Date: 10/7/2021 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.11 SUBJECT/RECOMMENDATION: Adopt Ordinance 9494-21 on second reading, amending the future land use plan element of the Comprehensive Plan to designate the land use for certain real property whose post office address is 1729 Brentwood Drive, Clearwater, Florida 33756, 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 10/6/2021 Ordinance No. 9494-21 ORDINANCE NO. 9494-21 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 BRENTWOOD DRIVE APPROXIMATELY 340 FEET WEST OF WOODCREST AVENUE, WHOSE POST OFFICE ADDRESS IS 1729 BRENTWOOD DRIVE, CLEARWATER, FLORIDA 33756, 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 13, Block D, Oak Acres Addition, according to the map or plat thereof as recorded in Plat Book 32, page 70, Public Records of Pinellas County, Florida Residential Low (RL) (ANX2021-07013) 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. 9493-21. Ordinance No. 9494-21 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit “A” LAKE ESTELLE 61866 61866 61867 H H D D C C 13 14 15 5 6 7 8 9 6 7 83 4 5 11 12 1 6 78 9 10 12345 1 23 4 15 2 13 12 11 567 12 11 45 10 7 8 9 2 3 10 9 8 8765432 1 161514131211109 12A 11A 10A 9A 8A 1A 4 10 3 RL RU RL RU RU RL RU RL RL RL RU RL RU LAKEVIEW RD BRENTWOOD DR EMERALD DR S DUNCAN AVE WOODCREST AVE ESTELLE DR LAUREL DR WOODSIDE AVE S DUNCAN AVE 172017261302 17211212 171417001306 1220 1304 1738173217081204 1221 17441200 1192 1201 170717271732171017151714174017181308 17261722171217191305 1130 1736171617201216 1129 173617171204 1126 17281303 1200 171917281125 17311732173317371709174517111733172717391201 1300 1727171971011207 591208 91196 17151188 1121 1216 1215 1201 1127 17291302 121 17211205-Not to Scale--Not a Survey-Rev. 7/14/2021 PROPOSED FUTURE LAND USE MAP Owner(s): Pecora & Pecora Properties LLC Case: ANX2021-07013 Site: 1729 Brentwood Dr Property Size(Acres): ROW (Acres): 0.288 Land Use Zoning PIN: 23-29-15-61866-004-0130 From : Residential Low (RL) R-3 Single-Family Residential District Atlas Page: 307B To: Residential Low (RL) Low Medium Density Residential (LMDR) S KEENE RD LAKEVIEW RD NORWOOD AVE BRENTWOOD DR S DUNCAN AVE WOODCREST AVE JEFFORDS ST WOODSIDE AVE BALMORAL DR LAUREL DR ESTELLE DR EMERALD DR IRVING AVE GRACELYN DR MARJOHN AVE JEFFORDS ST WOODCREST AVE S DUNCAN AVE EMERALD DR ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 7/14/2021 LOCATION MAP Owner(s): Pecora & Pecora Properties LLC Case: ANX2021-07013 Site: 1729 Brentwood Dr Property Size(Acres): ROW (Acres): 0.288 Land Use Zoning PIN: 23-29-15-61866-004-0130 From : Residential Low (RL) R-3 Single-Family Residential District Atlas Page: 307B To: Residential Low (RL) Low Medium Density Residential (LMDR) LAKEVIEW RD LAKEVIEW RD BRENTWOOD DR BRENTWOOD DR EMERALD DR EMERALD DR S DUNCAN AVE S DUNCAN AVE WOODCREST AVE WOODCREST AVE ESTELLE DR ESTELLE DR LAUREL DR LAUREL DR WOODSIDE AVE WOODSIDE AVE S DUNCAN AVE S DUNCAN AVE -Not to Scale--Not a Survey-Rev. 7/13/2021 AERIAL PHOTOGRAPH Owner(s): Pecora & Pecora Properties LLC Case: ANX2021-07013 Site: 1729 Brentwood Dr Property Size(Acres): ROW (Acres): 0.288 Land Use Zoning PIN: 23-29-15-61866-004-0130 From : Residential Low (RL) R-3 Single-Family Residential District Atlas Page: 307B To: Residential Low (RL) Low Medium Density Residential (LMDR) LAKE ESTELLE 61866 61866 61867 H H D D C C 13 14 15 5 6 7 8 9 6 7 83 4 5 11 12 1 6 78 9 10 12345 1 23 4 15 2 13 12 11 567 12 11 4 5 10 7 8 9 2 3 10 9 8 8765432 1 161514131211109 12A 11A 10A 9A 8A 1A 4 10 3 LAKEVIEW RD BRENTWOOD DR EMERALD DR S DUNCAN AVE WOODCREST AVE ESTELLE DR LAUREL DR WOODSIDE AVE S DUNCAN AVE 1720172617211212 171417001220 1208 1738173217081204 1221 1196 1200 1216 1192 1201 17071215 1732171017151714174017181726172217121719173617161129 1736171717281200 171917281721173117321733173717091711173317271739172717191302 11306 11207 91304 17151188 17441121 17271201 1308 1305 1130 1127 1720121617291204 1126 1302 1303 1125 121 174512051201 1300 -Not to Scale--Not a Survey-Rev. 7/14/2021 EXISTING SURROUNDING USES MAP Owner(s): Pecora & Pecora Properties LLC Case: ANX2021-07013 Site: 1729 Brentwood Dr Property Size(Acres): ROW (Acres): 0.288 Land Use Zoning PIN: 23-29-15-61866-004-0130 From : Residential Low (RL) R-3 Single-Family Residential District Atlas Page: 307B To: Residential Low (RL) Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential ANX2021-07013 Pecora & Pecora Properties, LLC 1729 Brentwood Drive View looking south at subject property 1729 Brentwood Drive West of the subject property East of the subject property Across the street, to the north of the subject property View looking easterly along Brentwood Drive View looking westerly along Brentwood Drive Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9495-21 2nd rdg Agenda Date: 10/7/2021 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.12 SUBJECT/RECOMMENDATION: Adopt Ordinance 9495-21 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1729 Brentwood Drive, Clearwater, Florida 33756, 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 10/6/2021 Ordinance No. 9495-21 ORDINANCE NO. 9495-21 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 BRENTWOOD DRIVE APPROXIMATELY 340 FEET WEST OF WOODCREST AVENUE, WHOSE POST OFFICE ADDRESS IS 1729 BRENTWOOD DRIVE, CLEARWATER, FLORIDA 33756, 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. 9493-21. Property Zoning District Lot 13, Block D, Oak Acres Addition, according to the map or plat thereof as recorded in Plat Book 32, page 70, Public Records of Pinellas County, Florida Low Medium Density Residential (LMDR) (ANX2021-07013) Ordinance No. 9495-21 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit “A” LAKE ESTELLE 61866 61866 61867 H H D D C C 13 14 15 5 6 7 8 9 6 7 83 4 5 11 12 1 6 78 9 10 12345 1 23 4 15 2 13 12 11 567 12 11 45 10 7 8 9 2 3 10 9 8 8765432 1 161514131211109 12A 11A 10A 9A 8A 1A 4 10 3 LAKEVIEW RD BRENTWOOD DR EMERALD DR S DUNCAN AVE WOODCREST AVE ESTELLE DR LAUREL DR WOODSIDE AVE S DUNCAN AVE LMDR 1720172617211212 171417001220 1208 1738173217081204 1221 1196 1200 1216 1192 1201 17071215 1732171017151714174017181726172217121719173617161129 1736171717281200 171917281721173117321733173717091711173317271739172717191302 1306 11207 91304 17151188 17441121 17271201 1308 1305 1130 1127 1720121617291204 1126 1302 1303 1125 121 174512051201 1300 -Not to Scale--Not a Survey-Rev. 7/14/2021 PROPOSED ZONING MAP Owner(s): Pecora & Pecora Properties LLC Case: ANX2021-07013 Site: 1729 Brentwood Dr Property Size(Acres): ROW (Acres): 0.288 Land Use Zoning PIN: 23-29-15-61866-004-0130 From : Residential Low (RL) R-3 Single-Family Residential District Atlas Page: 307B To: Residential Low (RL) Low Medium Density Residential (LMDR) S KEENE RD LAKEVIEW RD NORWOOD AVE BRENTWOOD DR S DUNCAN AVE WOODCREST AVE JEFFORDS ST WOODSIDE AVE BALMORAL DR LAUREL DR ESTELLE DR EMERALD DR IRVING AVE GRACELYN DR MARJOHN AVE JEFFORDS ST WOODCREST AVE S DUNCAN AVE EMERALD DR ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 7/14/2021 LOCATION MAP Owner(s): Pecora & Pecora Properties LLC Case: ANX2021-07013 Site: 1729 Brentwood Dr Property Size(Acres): ROW (Acres): 0.288 Land Use Zoning PIN: 23-29-15-61866-004-0130 From : Residential Low (RL) R-3 Single-Family Residential District Atlas Page: 307B To: Residential Low (RL) Low Medium Density Residential (LMDR) LAKEVIEW RD LAKEVIEW RD BRENTWOOD DR BRENTWOOD DR EMERALD DR EMERALD DR S DUNCAN AVE S DUNCAN AVE WOODCREST AVE WOODCREST AVE ESTELLE DR ESTELLE DR LAUREL DR LAUREL DR WOODSIDE AVE WOODSIDE AVE S DUNCAN AVE S DUNCAN AVE -Not to Scale--Not a Survey-Rev. 7/13/2021 AERIAL PHOTOGRAPH Owner(s): Pecora & Pecora Properties LLC Case: ANX2021-07013 Site: 1729 Brentwood Dr Property Size(Acres): ROW (Acres): 0.288 Land Use Zoning PIN: 23-29-15-61866-004-0130 From : Residential Low (RL) R-3 Single-Family Residential District Atlas Page: 307B To: Residential Low (RL) Low Medium Density Residential (LMDR) LAKE ESTELLE 61866 61866 61867 H H D D C C 13 14 15 5 6 7 8 9 6 7 83 4 5 11 12 1 6 78 9 10 12345 1 23 4 15 2 13 12 11 567 12 11 4 5 10 7 8 9 2 3 10 9 8 8765432 1 161514131211109 12A 11A 10A 9A 8A 1A 4 10 3 LAKEVIEW RD BRENTWOOD DR EMERALD DR S DUNCAN AVE WOODCREST AVE ESTELLE DR LAUREL DR WOODSIDE AVE S DUNCAN AVE 1720172617211212 171417001220 1208 1738173217081204 1221 1196 1200 1216 1192 1201 17071215 1732171017151714174017181726172217121719173617161129 1736171717281200 171917281721173117321733173717091711173317271739172717191302 11306 11207 91304 17151188 17441121 17271201 1308 1305 1130 1127 1720121617291204 1126 1302 1303 1125 121 174512051201 1300 -Not to Scale--Not a Survey-Rev. 7/14/2021 EXISTING SURROUNDING USES MAP Owner(s): Pecora & Pecora Properties LLC Case: ANX2021-07013 Site: 1729 Brentwood Dr Property Size(Acres): ROW (Acres): 0.288 Land Use Zoning PIN: 23-29-15-61866-004-0130 From : Residential Low (RL) R-3 Single-Family Residential District Atlas Page: 307B To: Residential Low (RL) Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential ANX2021-07013 Pecora & Pecora Properties, LLC 1729 Brentwood Drive View looking south at subject property 1729 Brentwood Drive West of the subject property East of the subject property Across the street, to the north of the subject property View looking easterly along Brentwood Drive View looking westerly along Brentwood Drive Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9496-21 2nd rdg Agenda Date: 10/7/2021 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.13 SUBJECT/RECOMMENDATION: Adopt Ordinance 9496-21 on second reading, vacating tow Drainage and Utility Easements as retained in that certain Ordinance No. 6879-01 of the City of Clearwater, Florida, as recorded in Official Records Book 11701, Page 1155, of the Public Records of Pinellas County, Florida. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/6/2021 [RE15-1313-080/276300/1] 1 Ord. No. 9496-21 ORDINANCE NO. 9496-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING TWO DRAINAGE AND UTILITY EASEMENTS, AS RETAINED IN THAT CERTAIN ORDINANCE NO. 6879-01 OF THE CITY OF CLEARWATER, FLORIDA, AS RECORDED IN OFFICIAL RECORDS BOOK 11701, PAGE 1155, 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 drainage and utility easements; and WHEREAS, the Clearwater City Council finds that said drainage and utility easements are 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: Two drainage and utility easements described as follows: See Exhibit “A” are hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest thereto, subject to the City’s fee simple interest therein, which is expressly reserved hereby. Section 2. The City Clerk shall record this ordinance in the Public Records of Pinellas County, Florida, following adoption. [RE15-1313-080/276300/1] 2 Ord. No. 9496-21 Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING ________________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________ ________________________________ Frank Hibbard Mayor Approved as to form: Attest: ________________________________ ________________________________ Laura Lipowski Mahony Rosemarie Call Senior Assistant City Attorney City Clerk NOLAN SUBDIVISION PLAT BOOK 140, PAGE 24 EWING AVENUE30' R/WPROSPECT AVENUE60' R/WLOT 11 LOT 12 LOT 13 LOT 14 LOT 1 BLOCK 3 LOT 2 LOT 3 LOT 1 LOT 2 LOT 3 LOT 16 LOT 17 LOT 18 LOT 19 LOT 20 LOT 21 LOT 22 LOT 6 LOT 7 LOT 4 LOT 5 LOT 6 LOT 7 LOT 1 LOT 2 "A REPLAT FOR PURPOSE OF SHOWING ALLEY AT NORTH SIDE OF BLOCKS "A" AND "B" OF COACHMAN HEIGHTS" P.B. 20, PG. 26 BLOCK A PORTIONS OF PARK STREET AND EWING AVENUE VACATED RIGHT-OF-WAY ORDINANCE NO. 6879-01 (OR 11701, PG 1155) LOT 5 "MAGNOLIA PARK" PLAT BOOK 1, PAGE 70 LOT 3 PORTION OF PIERCE STREET VACATED RIGHT-OF-WAY ORDINANCE NO. 6879-01 (O.R. 11701, PG 1155) Vacation of a Drainage/Utility Easement described as follows: That portion of the vacated right-of-way of Pierce Street lying between Prospect Avenue and Ewing Avenue. (Containing 26,985.52 S.F., M.O.L.) DRAWN BY CHECKED BY DATE DRAWN SECT-TWNSP-RNG SHEETDWG. NO. OF -- CITY OF CLEARWATER ENGINEERING DEPARTMENT Exhibit "A" A Vacation of a Drainage/Utility Easement O.R. 11701, Page 1155Lee Cheek Tom Mahony 7/27/2021 Lgl_2021-05 1 2 15 29S 15E This is not a survey N.T.S. Legal Description Vacation of a Drainage/Utility Easement described as follows: Begin at the Northwest corner of Lot 1, Block 3, Magnolia Park, as recorded in Plat Book 1, Page 70 of the Public Records of Hillsborough County, Florida, of which Pinellas County was once a part; thence N 00° 17' 56" W, 60.00 feet; thence N 89° 57' 12" E, 488.52 feet; thence S 00° 02' 48" E, 60.00 feet; thence S 00° 17' 56" E, 65.30 feet; thence N 89° 57' 12" E, 1.11 feet; thence S 00° 20' 23" E, 69.20 feet; thence S 89° 57' 12" W, 6.00 feet; thence S 00° 20' 23" E, 50.00 feet; thence S 89° 57' 12" W, 6.00 feet; thence S 00° 20' 23" E, 80.50 feet; thence S 89° 57' 12" W, 30.00 feet; thence N 00° 20' 23" W, 196.52 feet; thence N 89° 57' 12" E, 11.59 feet; thence N 00° 17' 56" W, 68.48 feet; thence S 89° 57' 12" W, 458.95 feet to the point of beginning. (Containing 38,736.79 S.F., M.O.L) Line #Distance L2 Line Table S 00° 02' 48" E 60.00' L3 L4 L5 S 00° 17' 56" E 65.30' 1.11' 69.20' N 89° 57' 12" E S 00° 20' 23" E Bearing L6 6.00'S 89° 57' 12" W L7 50.00'S 00° 20' 23" E L8 6.00'S 89° 57' 12" W L9 80.50'S 00° 20' 23" E L10 30.00'S 89° 57' 12" W L11 11.59'N 89° 57' 12" E L12 68.48'N 00° 17' 56" W L1 N 00° 17' 56" W 60.00' NOLAN SUBDIVISION PLAT BOOK 140, PAGE 24 EWING AVENUE30' R/WPROSPECT AVENUE60' R/WL3L2L5L7L9L10 L8 L6 L4L11L12S 89° 57' 12" W 458.95' N 89° 57' 12" E 488.52'L1LOT 11 LOT 12 LOT 13 LOT 14 LOT 1 BLOCK 3 LOT 2 LOT 3 LOT 1 LOT 2 LOT 3 LOT 16 LOT 17 LOT 18 LOT 19 LOT 20 LOT 21 LOT 22 LOT 6 LOT 7 LOT 4 LOT 5 LOT 6 LOT 7 LOT 1 LOT 2 "A REPLAT FOR PURPOSE OF SHOWING ALLEY AT NORTH SIDE OF BLOCKS "A" AND "B" OF COACHMAN HEIGHTS" P.B. 20, PG. 26 BLOCK A PORTION OF PIERCE STREET VACATED RIGHT-OF-WAY ORDINANCE NO. 6879-01 (O.R. 11701, PG 1155) LOT 5 "MAGNOLIA PARK" PLAT BOOK 1, PAGE 70 N 00° 20' 23" W196.52'POINT OF BEGINNING NW CORNER OF LOT 1, BLOCK 3, "MAGNOLIA PARK" PORTIONS OF PARK STREET AND EWING AVENUE VACATED RIGHT-OF-WAY ORDINANCE NO. 6879-01 (OR 11701, PG 1155) DRAWN BY CHECKED BY DATE DRAWN SECT-TWNSP-RNG SHEETDWG. NO. OF -- CITY OF CLEARWATER ENGINEERING DEPARTMENT Exhibit "A" Vacation of a Drainage/Utility Easement O.R. 11701, Page 1155Lee Cheek Tom Mahony 7/27/2021 Lgl_2021-06 2 2 15 29S 15E This is not a survey N.T.S. Legal Description CLEVELAND ST S PROSPECT AVE PARK ST EWING AVE P I E R C E S T S MARTIN LUTHER KING, JR. AVE PADUA LN FRANKLIN ST NATHANS LN PIERCE ST AERIAL MAP PROPOSED EASEMENTS VACATION Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Documents\GIS\Engineering\Location Maps\TheNolenApt\VAC2021-20.mxd ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com N.T.S.Scale:Page: 1 of 19/7/2021Date:Aerial Flown 2020 Proposed Drainage & Utility Easements Vacation at The Nolen Apartments WDMap Gen By:JBReviewed By: Owned by City of Clearwater The Nolen Apartments Owned byCity of Clearwater Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9500-21 2nd rdg Agenda Date: 10/7/2021 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.14 SUBJECT/RECOMMENDATION: Adopt Ordinance 9500-21 on second reading, amending the Operating Budget for the Fiscal Year ending September 30, 2021 to reflect increases and decreases in revenues and expenditures for the General Fund, Special Development Fund, Special Program Fund, Gas Fund, Solid Waste and Recycling Funds, Marine Fund, Parking Fund, and Central Insurance Fund. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/6/2021 Ordinance #9500-21 ORDINANCE NO. 9500-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE OPERATING BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2021 TO REFLECT INCREASES AND DECREASES IN REVENUES AND EXPENDITURES FOR THE GENERAL FUND, SPECIAL DEVELOPMENT FUND, SPECIAL PROGRAM FUND, GAS FUND, SOLID WASTE AND RECYCLING FUNDS, MARINE FUND, PARKING FUND, AND CENTRAL INSURANCE FUND AS PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the budget for the fiscal year ending September 30, 2021, for operating purposes, including debt service, was adopted by Ordinance No. 9408-20; and WHEREAS, at the third quarter review it was found that an increase of $21,380,313 is necessary for revenues and an increase of $19,084,551 is necessary for expenditures; and WHEREAS, a summary of the amended revenues and expenditures is attached hereto and marked Exhibit A; and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to provide for the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen circumstances or emergencies arising during the fiscal year; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 1 of Ordinance No. 9408-20 is amended to read: Pursuant to the Amended City Manager's Annual Report and Estimate for the fiscal year beginning October 1, 2020 and ending September 30, 2021 a copy, of which is on file with the City Clerk, the City Council hereby adopts an amended budget for the operation of the City, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _________________________ PASSED ON SECOND AND FINAL _________________________ READING AND ADOPTED _______________________________ Frank Hibbard, Mayor Approved as to form: Attest: _______________________________ ________________________________ Pamela K. Akin, City Attorney Rosemarie Call, City Clerk EXHIBIT A 2020-21 BUDGET REVENUE First ThirdQuarterMid Year Quarter Budgeted Amended Amended AmendedRevenuesBudgetBudgetBudget Budget 2020/21 2020/21 2020/21 2020/21 Amendment General Fund: Ad Valorem Taxes 68,492,140 68,492,140 68,492,140 69,606,903 1,114,763 Utility Taxes 15,230,000 15,230,000 15,230,000 17,380,000 2,150,000 Local Option, Fuel & Other Taxes 6,350,000 6,350,000 6,350,000 6,080,000 (270,000) Franchise Fees 10,104,770 10,104,770 10,104,770 10,264,770 160,000 Other Permits & Fees 2,309,000 2,309,000 2,309,000 3,734,000 1,425,000 Intergovernmental Revenues 18,862,910 18,862,910 18,862,910 25,162,103 6,299,193 Charges for Services 15,780,380 15,780,380 15,780,380 15,410,380 (370,000) Judgments, Fines & Forfeitures 1,354,000 1,354,000 1,354,000 1,624,000 270,000 Miscellaneous Revenues 2,643,956 2,643,956 2,643,956 2,793,956 150,000 Transfers In 11,052,684 11,079,718 11,080,942 12,265,809 1,184,867 Transfer (to) from Reserves - 1,086,540 1,616,540 (9,906,090) (11,522,630) Total, General Fund 152,179,840 153,293,414 153,824,638 154,415,831 591,193 Special Revenue Funds: Special Development Fund 18,076,420 18,372,420 18,372,420 20,293,049 1,920,629 Special Program Fund 1,660,264 5,102,956 7,252,420 19,197,370 11,944,950 Local Housing Asst Trust Fund 431,440 431,440 431,440 431,440 - Utility & Other Enterprise Funds: Water & Sewer Fund 102,289,480 102,289,480 102,289,480 102,289,480 - Stormwater Utility Fund 17,899,890 17,899,890 17,899,890 17,899,890 - Solid Waste & Recycling Fund 27,130,350 27,130,350 27,130,350 27,131,151 801 Gas Fund 47,788,140 47,788,800 47,788,800 47,788,800 - Airpark Fund 347,860 347,860 367,860 367,860 - Marine Fund 5,277,210 5,277,210 5,277,210 5,287,210 10,000 Clearwater Harbor Marina 921,970 921,970 921,970 921,970 - Parking Fund 7,330,560 7,330,662 7,330,763 9,830,763 2,500,000 Internal Service Funds: Administrative Services Fund 13,305,520 13,305,730 13,305,730 13,305,730 - General Services Fund 6,194,230 6,194,230 6,194,230 6,194,230 - Garage Fund 18,916,190 18,916,190 18,916,190 18,916,190 - Central Insurance Fund 26,058,230 26,058,230 26,058,230 30,470,970 4,412,740 Total, All Funds 445,807,594 450,660,832 453,361,621 474,741,934 21,380,313 Ordinance #9500-21 EXHIBIT A (Continued) 2020-21 BUDGET EXPENDITURES First ThirdQuarterMid Year Quarter Original Amended Amended AmendedBudgetBudgetBudgetBudget Budget 2020/21 2020/21 2020/21 2020/21 Amendment General Fund: City Council 395,821 395,821 395,821 395,821 - City Manager's Office 1,275,890 1,275,944 1,275,944 1,275,944 - City Attorney's Office 1,809,585 1,809,657 1,809,657 1,809,657 - City Auditor's Office 226,432 226,444 226,444 226,444 - CRA Administration 468,480 468,510 468,510 468,510 - Economic Development & Housing S 1,828,948 1,829,014 1,829,014 1,829,014 - Engineering 8,230,947 8,230,947 8,230,947 8,257,737 26,790 Finance 2,637,681 2,637,861 2,637,861 2,637,861 - Fire 30,293,051 30,293,051 30,294,275 30,480,437 186,162 Human Resources 1,562,078 1,562,180 1,562,180 1,562,180 - Library 8,000,965 8,000,965 8,000,965 8,000,965 - Non-Departmental 7,784,508 8,723,248 9,253,248 9,600,248 347,000 Official Records & Legislative Svcs 1,215,681 1,215,729 1,215,729 1,215,729 - Parks & Recreation 31,136,988 31,311,192 31,311,192 31,311,192 - Planning & Development 6,458,802 6,458,802 6,458,802 6,458,802 - Police 47,259,323 47,259,323 47,259,323 47,290,564 31,241 Public Communications 1,196,190 1,196,256 1,196,256 1,196,256 - Public Utilities 398,470 398,470 398,470 398,470 - Total, General Fund 152,179,840 153,293,414 153,824,638 154,415,831 591,193 Special Revenue Funds: Special Development Fund 17,361,860 17,657,860 17,657,860 17,657,860 - Special Program Fund 1,590,264 5,032,956 7,182,420 19,127,370 11,944,950 Local Housing Asst Trust Fund 431,440 431,440 431,440 431,440 - Utility & Other Enterprise Funds: Water & Sewer Fund 102,289,480 102,289,480 102,289,480 102,289,480 - Stormwater Utility Fund 16,706,320 16,706,320 16,706,320 16,706,320 - Solid Waste & Recycling Fund 25,702,930 25,702,930 25,702,930 25,703,731 801 Gas Fund 45,257,380 45,258,040 45,258,040 47,002,907 1,744,867 Airpark Fund 340,770 340,770 360,770 360,770 - Marine Fund 5,119,120 5,119,120 5,119,120 5,269,120 150,000 Clearwater Harbor Marina 854,430 854,430 866,930 866,930 - Parking Fund 6,436,140 6,456,242 6,456,343 6,696,343 240,000 Internal Service Funds: Administrative Services Fund 13,254,460 13,254,670 13,254,670 13,254,670 - General Services Fund 6,162,380 6,162,380 6,162,380 6,162,380 - Garage Fund 18,916,190 18,916,190 18,916,190 18,916,190 - Central Insurance Fund 26,058,230 26,058,230 26,058,230 30,470,970 4,412,740 Total, All Funds 438,661,234 443,534,472 446,247,761 465,332,312 19,084,551 Ordinance #9500-21 Third Quarter Budget Review Fiscal Year 2020-21 Memorandum TO: Mayor and City Council FROM: Micah Maxwell, Interim City Manager COPIES: Michael Delk, Assistant City Manager SUBJECT: Third quarter budget review - amended City Manager's annual budget report DATE: August 30, 2021 Attached is the third quarter budget review in accordance with the City Code of Ordinances. This report is based on the first nine months of activity in the current fiscal year (October 2020 through June 2021). Contained within are comments on major variances and documentation of all proposed amendments. Significant Fund amendments are outlined below: General Fund General Fund revenue and expenditure amendments reflect a net increase of $591,193. The General Fund expenditure increase at third quarter includes the Council approved property purchase on Engman Street for $37,000, and a transfer of $10,000 to the Marine Fund for the water taxi agreement. Other amendments include an increase which totals $148,493 to police and fire supplemental pension to bring the budget in line with actual revenues and expenditures; an increase of $95,700 to fire department overtime which is offset by reimbursement revenues from the County; and the transfer of $300,000 to establish the Greenprint Implementation project. In addition, various revenues are amended which will bring the budget in line with anticipated receipts for the year. The fiscal year 2020/2021 budget was created and adopted in a time of uncertainty during the COVID-19 pandemic. Both revenues and expenditures were budgeted conservatively not knowing the continuing effects on revenue streams or the expenses that may be incurred in response. The revenue sources originally impacted (sales tax, revenue sharing, beach contracts) have fully restored, resulting in large budget increases recognized at third quarter. Adjusted for the expenditure increases noted above, this results in a surplus of $11,522,630 to General Fund reserves at third quarter. This surplus offsets the use of reserves previously allocated this year resulting in an estimated $9.9 million increase to fund reserves at fiscal year-end. General Fund Reserves – In order to ensure adequate reserves, the City Council’s policy reflects that General Fund unappropriated fund reserves of 8.5% of the City’s budgeted General Fund expenditures must be maintained as a reserve to guard against future emergencies. Third Quarter Budget Review Fiscal Year 2020-21 With the closing of the year-end 2020 books, estimated General Fund reserves at third quarter are approximately $58.2 million, or 35.3% of the preliminary fiscal year 2021/22 General Fund budget, exceeding our minimum reserve requirement by $44.1 million. Significant amendments to other city operating funds are noted as follows: Gas Fund Amendments to Gas fund expenditures include the transfer of $1,184,867 to the General Fund representing the increased dividend payment, and a transfer of $560,000 to the Natural Gas Vehicle station project. Budgeted revenues are sufficient to cover this expenditure increase. Marine Fund Third quarter amendments to Marine Fund expenditures include a transfer of $150,000 to the Beach Marina Upgrades project. This expenditure increase is offset by budgeted revenues. Parking Fund Third quarter amendments to Parking Fund expenditures reflect an increase of $240,000 to fund the increases in contractual services and processing fees due to increased usage of the Park Mobile application. Parking revenues are increased by $2,500,000 to bring the budget in line with anticipated revenues for the year. Central Insurance Fund At third quarter, Central Insurance Fund expenditures are increased by $4,412,740. Amendments include an increase of $3,062,740 to medical insurance premiums which is offset by a revenue amendment recognizing health insurance contributions for dependents and retirees; increases totaling $950,000 to liability and workers compensation claims; and an increase of $400,000 to liability insurance premiums. Capital Improvement Program Third quarter amendments to the capital improvement program reflect a net increase of $38,577,718. Amendments include Council approved increases of $560,000 of Gas Fund revenues in the Natural Gas Vehicle project. Project activity not previously approved by the Council is summarized on page 20. Significant amendments include an increase of $37,020,000 in the Imagine Clearwater project; increases of general fund revenues of $150,000 in the Carpenter Field project, $123,000 in the BayCare Ballpark project, $95,000 in the parks fencing project, $115,532 in the Crest Lake Park project, and $300,000 in the new Greenprint implementation project; an increase of $150,000 of Marine Fund revenues in the Beach Marina Upgrades project; an increase of $20,712 of property owner share revenues in the Pinellas new mains project; an increase of $100,000 in Gas Fund revenues in the Gas Pinellas building project to correct a budget error; and a decrease of $89,465 in insurance proceeds in the garage off-cycle replacement project. Third Quarter Budget Review Fiscal Year 2020-21 Special Program Fund The Special Program Fund reflects a net budget increase of $11,944,950 at third quarter. Significant amendments include $11,241,947 in American Rescue Plan Act funding; an increase of $46,733 in public safety grant revenues for Investigative Costs Recovery, Federal Forfeiture Sharing, and Pedestrian/Bicycle Safety; an increase of $20,157 in governmental revenues from the Pinellas County School Board for school resource officer’s extra duty; $25,125 in donation revenues to support Police and Library programs; $87,660 in Community Development Block Grant program income; $3,900 in foreclosure registry fees collected; $96,067 in fines and court proceeds for public safety programs, and the tree replacement program; $138,428 in insurance claim revenue for police vehicle replacements; $15,000 for the cost of an asset transferred to the General Fund; and $270,484 in contractual service revenue for police extra duty. CITY OF CLEARWATER THIRD QUARTER SUMMARY 2020/21 FY 20/21 Mid Variance % Adopted Year Third Qtr.YTD Actual vs.YTD vs.Third Qtr.Amended Description Budget Amended Actual Amend Budget Budget Adjustment Budget General Fund: Revenues 152,179,840 153,824,638 136,026,786 17,797,852 88%591,193 154,415,831 Expenditures 152,179,840 153,824,638 114,087,373 39,737,265 74%591,193 154,415,831 Utility Funds: Water & Sewer Fund Revenues 102,289,480 102,289,480 73,300,276 28,989,204 72%- 102,289,480 Expenditures 102,289,480 102,289,480 81,605,850 20,683,630 80%- 102,289,480 Stormwater Fund Revenues 17,899,890 17,899,890 13,184,055 4,715,835 74%- 17,899,890 Expenditures 16,706,320 16,706,320 14,042,491 2,663,829 84%- 16,706,320 Gas Fund Revenues 47,788,140 47,788,800 33,764,329 14,024,471 71%- 47,788,800 Expenditures 45,257,380 45,258,040 36,012,949 9,245,091 80%1,744,867 47,002,907 Solid Waste and Recycling Fund Revenues 27,130,350 27,130,350 22,151,446 4,978,904 82%801 27,131,151 Expenditures 25,702,930 25,702,930 17,434,873 8,268,057 68%801 25,703,731 Enterprise Funds: Marine Fund Revenues 5,277,210 5,277,210 4,283,402 993,808 81%10,000 5,287,210 Expenditures 5,119,120 5,119,120 3,908,359 1,210,761 76%150,000 5,269,120 Airpark Fund Revenues 347,860 367,860 246,273 121,587 67%- 367,860 Expenditures 340,770 360,770 268,967 91,803 75%- 360,770 Clearwater Harbor Marina Fund Revenues 921,970 921,970 681,063 240,907 74%- 921,970 Expenditures 854,430 866,930 641,830 225,100 74%- 866,930 Parking Fund Revenues 7,330,560 7,330,763 7,850,579 (519,816) 107%2,500,000 9,830,763 Expenditures 6,436,140 6,456,343 4,846,220 1,610,123 75%240,000 6,696,343 Internal Service Funds: General Services Fund Revenues 6,194,230 6,194,230 4,661,454 1,532,776 75%- 6,194,230 Expenditures 6,162,380 6,162,380 3,909,127 2,253,253 63%- 6,162,380 Administrative Services Revenues 13,305,520 13,305,730 9,781,783 3,523,947 74%- 13,305,730 Expenditures 13,254,460 13,254,670 9,248,977 4,005,693 70%- 13,254,670 Garage Fund Revenues 18,916,190 18,916,190 11,394,744 7,521,446 60%- 18,916,190 Expenditures 18,916,190 18,916,190 12,350,724 6,565,466 65%- 18,916,190 Central Insurance Fund Revenues 26,058,230 26,058,230 19,972,407 6,085,823 77%4,412,740 30,470,970 Expenditures 26,058,230 26,058,230 23,208,267 2,849,963 89%4,412,740 30,470,970 1 THIRD QUARTER REVIEW AMENDED CITY MANAGER'S FISCAL YEAR 2020-21 REPORT PAGE # General Fund Operating Budget ..................................................................................................... 3 Utility Funds Operating Budget ...................................................................................................... 8 Other Enterprise Funds Operating Budgets ................................................................................. 12 Internal Service Funds Operating Budgets ................................................................................... 16 Capital Improvement Program Budget ........................................................................................ 20 Special Program Fund Budget ....................................................................................................... 30 Special Development Fund ........................................................................................................... 36 Administrative Change Orders ...................................................................................................... 39 Ordinances ..................................................................................................................................... 40 The amended 2020/21 operating budget, presented by operating fund and/or department, is submitted for the City Council review. The actual and projected data contained in this review represents nine months, October 1, 2020 through June 30, 2021. The adjustments, however, represent all data available at the time of the report, including action taken by the City Council after June 30, 2021. Definitions associated with the operating funds information is presented as follows: Definitions: Adopted Budget - The budget as adopted by the City Council on September 17, 2020. Variance YTD Actual vs. Adopted Budget - Difference between year to date actual and adopted budget. % YTD vs. Budget - Percentage of adopted budget expended, year to date. Proposed Amendments - Adjustments that have been approved by the City Council, made at the Manager’s discretion, and/or adjustments proposed based on the third quarter review. Amended Budget - Adding the Original Budget and Adjustments. 2 Capital Improvement Program The amended 2020/21 Capital Improvement Projects budget report is submitted for the City Council review. This review provides the opportunity to analyze the status of all active projects and present formal amendments to the project budget. The Capital Improvement Program and Special Program fund information is presented as follows: Definitions: Budget - The budget as of October 1, 2020, which includes project budgets from prior years, which have not been completed. Amendment - Amendments which have been approved by the City Council, made at the Manager's discretion, and/or adjustments proposed as a result of the third quarter review. Revised Budget - Adding the Budget and Amendment columns. Encumbrance - Outstanding contract or purchase order commitment. Available Balance - Difference between revised budget and expenditure, plus encumbrance. Status - C - project is completed Amend Ref - Reference number for description of amendment. Increase/ (Decrease)Description Ad Valorem Taxes 1,114,763 At third quarter,approximately all property tax revenues have been received.The budget is increased by $1,114,763.00 to reflect actual collections for the year. 2,150,000 At third quarter,amendments to utility taxes revenues reflect a increases of $1,700,000.00 to electricity;and an increase of $450,000.00 to water.This will bring the budget in line with anticipated receipts for the year. (270,000) Third quarter amendments to local option,fuel and other taxes reflect a reduction of $270,000.00 to telecommunications taxes to bring the budget in line with anticipated receipts for the year. Franchise Fees 160,000 At third quarter,franchise fee revenues are increased by a net total of $160,000.00.This includes an increase of $200,000.00 in electric franchise fees,and a decrease of $40,000.00 to gas franchise fees. Other Permits and Fees 1,425,000 At third quarter,other permits and fees revenues are being increased by $1,425,000.00 in building/sign permit revenues to bring the budget in line with anticipated receipts for the year. Intergovernmental 6,299,193 Third quarter amendments to other governmental revenue reflect a net increase $6,299,193.00.Amendments include the following increases:1)$1,308,000.00 to state revenue sharing;2)$3,400,000.00 to 1/2 cent sales tax 3)$102,000 for Pinellas County library co-op revenues;4)$145,000.00 to Fire Tax;5)$1,100,000.00 to EMS tax;6)$95,700 to Fire and EMS reimbursement revenues from the County which offset overtime increases in the Fire Department;and 7) $148,493.00 to public safety supplemental pension revenue which offset expenditure amendments in the Police and Fire Departments. Local Option, Fuel & Other Taxes City of Clearwater General Fund Revenues Third Quarter Amendments FY 2020/21 Utility Taxes 3 Increase/ (Decrease)Description City of Clearwater General Fund Revenues Third Quarter Amendments FY 2020/21 Charges for Service (370,000) Amendments to charges for service reflect a net decrease of $370,000.00 This includes the following adjustments:1)an increase of $140,000.00 to fire inspection fees;2)decreases which total $600,000.00 to various parks and recreation fees; and 3) increases totaling $90,000.00 to Pier 60 revenues. 270,000 Amendments to fines and forfeiture revenues reflect an increase of $120,000.00 to code enforcement fines,and $150,000.00 to red light camera fines.This will bring the budget in line with actual receipts for the year. Miscellaneous 150,000 At third quarter,amendments to miscellaneous revenues include a decrease of $200,000.00 to interest earnings and increases totaling $350,000.00 to beach rental contracts. 1,184,867 Third quarter amendments to transfer in revenues include an increase of $1,184,867.00 for additional dividends from the Gas Fund. (11,522,630) Third quarter amendments reflect a net surplus of $11,522,630.00.This represents the net of revenue amendments noted above and expenditure amendments. This will eliminate the use of reserves allocated this year and return approximately $9.4 million to fund reserves at fiscal year end. 591,193 Judgments, Fines & Forfeitures Net General Fund Transfer (to) from Surplus Transfers In 4 Increase/ (Decrease)Description 26,790 At third quarter,amendments to the Engineering department reflect an increase of $26,790.00 to special pay to correct a budgeting error for funds that were allocated to Police Department. 186,162 Amendments to Fire Department reflect an increase of $90,462.00 to Fire supplemental pension plans,which is offset by an amendment increasing supplemental pension revenue;and an increase of $95,700 to overtime which is offset by reimbursement revenues received from Pinellas County. - Third Quarter amendments to Parks &Recreation expenditures reflect a net zero amendment transferring $483,532.00 in salary and operating savings to the following capital projects:$150,000.00 to 315-93203, Carpenter Field Infrastructure Repairs/Improvements; $115,532.00 to 315-93650,Crest Lake Park Improvements; $123,000.00 to 315-93205,BayCare Ballpark Infrastructure Repairs/Improvements;and $95,000.00 to 315-93638, Fencing Replacement Program. 31,241 At third quarter,amendments to the Police Department include an increase of $58,031.00 to the Police supplemental pension plans which is offset by an amendment increasing supplemental pension revenue; and a decrease of $26,790.00 to special pay to correct a budgeting error for funds that were to be allocated to Engineering. City of Clearwater General Fund Expenditures Third Quarter Amendments FY 2020/21 Engineering Police Parks & Recreation Fire 5 Increase/ (Decrease)Description City of Clearwater General Fund Expenditures Third Quarter Amendments FY 2020/21 Non-Departmental Third quarter amendments to Non-Departmental include the following: 37,000 1)An increase of $37,000.00 to Land Development to fund the purchase of real property located at the southwest corner of N.Martin Luther King Jr.Avenue and Engman Street as approved by City Council on September 2, 2021 10,000 2)A transfer of $10,000.00 to the Marine Fund for the Clearwater Ferry's use of slips as approved in the water taxi operating agreement renewal approved by the Council on November 15, 2018 300,000 3)A transfer of $300,000.00 of General Fund revenues to establish capital improvement project C2106,Greenprint Implementation. 347,000 591,193 Net General Fund 6 2020/21 Variance %2020/21 MY Amended Year to Date YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Amended Bud Budget Amendment Budget General Fund Revenues Ad Valorem Taxes 68,492,140 69,581,285 (1,089,145) 102%1,114,763 69,606,903 Utility Taxes 15,230,000 11,466,502 3,763,498 75%2,150,000 17,380,000 Local Option, Fuel and Other Taxes 6,350,000 4,456,309 1,893,691 70%(270,000) 6,080,000 Franchise Fees 10,104,770 6,371,842 3,732,928 63%160,000 10,264,770 Other Permits & Fees 2,309,000 3,011,476 (702,476) 130%1,425,000 3,734,000 Intergovernmental 18,862,910 15,964,469 2,898,441 85%6,299,193 25,162,103 Charges for Services 15,780,380 11,554,152 4,226,228 73%(370,000) 15,410,380 Judgments, Fines and Forfeitures 1,354,000 1,080,314 273,686 80%270,000 1,624,000 Miscellaneous Revenues 2,643,956 2,327,306 316,650 88%150,000 2,793,956 Transfers In 11,080,942 10,213,132 867,810 92%1,184,867 12,265,809 Total Revenues 152,208,098 136,026,786 16,181,312 89%12,113,823 164,321,921 Transfer (to) from Surplus 1,616,540 - 1,616,540 0%(11,522,630) (9,906,090) Adjusted Revenues 153,824,638 136,026,786 17,797,852 88%591,193 154,415,831 General Fund Expenditures City Council 395,821 293,834 101,987 74%- 395,821 City Manager's Office 1,275,944 829,799 446,145 65%- 1,275,944 City Attorney's Office 1,809,657 1,336,972 472,685 74%- 1,809,657 City Auditor's Office 226,444 100,453 125,991 44%- 226,444 CRA Administration 468,510 367,827 100,683 79%- 468,510 Economic Development and Housing 1,829,014 1,388,388 440,626 76%- 1,829,014 Engineering 8,230,947 5,784,426 2,446,521 70%26,790 8,257,737 Finance 2,637,861 1,877,008 760,854 71%- 2,637,861 Fire 30,294,275 23,229,776 7,064,499 77%186,162 30,480,437 Human Resources 1,562,180 1,028,757 533,423 66%- 1,562,180 Library 8,000,965 5,758,776 2,242,189 72%- 8,000,965 Non-Departmental 9,253,248 8,780,197 473,051 95%347,000 9,600,248 Official Records and Legislative Svcs 1,215,729 784,693 431,036 65%- 1,215,729 Parks & Recreation 31,311,192 21,652,750 9,658,442 69%- 31,311,192 Planning & Development 6,458,802 4,699,524 1,759,278 73%- 6,458,802 Police 47,259,323 35,089,720 12,169,603 74%31,241 47,290,564 Public Communications 1,196,256 797,984 398,272 67%- 1,196,256 Public Utilities 398,470 286,489 111,981 72%- 398,470 Total Expenditures 153,824,638 114,087,373 39,737,265 74%591,193 154,415,831 For Nine Month Period of October 1, 2020 - June 30, 2021 GENERAL FUND THIRD QUARTER REVIEW 7 2020/21 Variance %2020/21 MY Amended Third Qtr.YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget WATER & SEWER FUND Water & Sewer Revenues: Charges for Service 93,969,645 71,833,273 22,136,372 76%- 93,969,645 Judgments, Fines and Forfeits 271,000 272,822 (1,822) 101%- 271,000 Miscellaneous 1,835,000 1,070,815 764,185 58%- 1,835,000 Transfers In - 123,367 (123,367) ~- - Fund Equity 6,213,835 - 6,213,835 0%- 6,213,835 Total Revenues 102,289,480 73,300,276 28,989,204 72%- 102,289,480 Water & Sewer Expenditures: Public Utilities Administration 1,703,374 1,172,388 530,986 69%- 1,703,374 Wastewater Collection 13,506,904 11,838,226 1,668,678 88%- 13,506,904 Public Utilities Maintenance 9,060,046 7,067,078 1,992,968 78%- 9,060,046 WPC / Plant Operations 33,737,721 25,182,094 8,555,627 75%- 33,737,721 WPC / Laboratory Operations 1,594,863 920,692 674,171 58%- 1,594,863 WPC / Industrial Pretreatment 1,042,918 576,345 466,573 55%- 1,042,918 Water Distribution 18,805,229 16,520,490 2,284,739 88%- 18,805,229 Water Supply 18,336,027 14,654,000 3,682,027 80%- 18,336,027 Reclaimed Water 4,502,398 3,674,537 827,861 82%- 4,502,398 Total Expenditures 102,289,480 81,605,850 20,683,630 80%- 102,289,480 Increase/ (Decrease)Amendment Description: Water and Sewer Fund Revenues:- Water and Sewer Fund Expenditures:- At third quarter, anticipated revenues of the Water and Sewer Fund equal anticipated expenditures for fiscal year 2020/21. No amendments are proposed to Water and Sewer Fund revenues at third quarter. Expenditures reflect 80%of total budget due to transfers to the capital fund which happen in the first period of the year. No amendments are proposed to Water and Sewer Fund expenditures at third quarter. For the Nine Month Period of October 1, 2020 to June 30, 2021 UTILITY FUNDS THIRD QUARTER REVIEW 8 2020/21 Variance %2020/21 MY Amended Third Qtr.YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the Nine Month Period of October 1, 2020 to June 30, 2021 UTILITY FUNDS THIRD QUARTER REVIEW STORMWATER FUND Stormwater Revenues: Charges for Service 16,910,500 12,821,261 4,089,239 76%- 16,910,500 Judgments, Fines and Forfeits 73,000 54,225 18,775 74%- 73,000 Miscellaneous 916,390 263,325 653,065 29%- 916,390 Transfers In - 45,245 (45,245) ~- - Fund Equity - - - ~- - Total Revenues 17,899,890 13,184,055 4,715,835 74%- 17,899,890 Stormwater Expenditures: Stormwater Management 10,647,663 9,847,206 800,457 92%- 10,647,663 Stormwater Maintenance 6,058,657 4,195,285 1,863,372 69%- 6,058,657 Total Expenditures 16,706,320 14,042,491 2,663,829 84%- 16,706,320 Increase/ (Decrease)Amendment Description: Stormwater Fund Revenues:- Stormwater Fund Expenditures:- No amendments are proposed to Stormwater Fund revenues at third quarter. Stormwater Fund expenditures reflect 84%of total budget due to transfers to the capital fund which happen in the first period of the year.No amendments are proposed to at third quarter. At third quarter, anticipated revenues of the Stormwater Fund exceed anticipated expenditures by $1,193,570 for fiscal year 2020/21. 9 2020/21 Variance %2020/21 MY Amended Third Qtr.YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the Nine Month Period of October 1, 2020 to June 30, 2021 UTILITY FUNDS THIRD QUARTER REVIEW GAS FUND Gas Revenues: Charges for Service 47,003,340 33,319,975 13,683,365 71%(159,000) 46,844,340 Judgments, Fines and Forfeits 153,100 65,358 87,742 43%- 153,100 Miscellaneous 631,700 314,601 317,099 50%159,000 790,700 Transfers In 660 64,395 (63,735) 9757%- 660 Fund Equity - - - ~- - Total Revenues 47,788,800 33,764,329 14,024,471 71%- 47,788,800 Gas Expenditures: Administration & Supply 21,831,318 16,812,561 5,018,757 77%1,083,014 22,914,332 Pinellas Gas Operations 9,775,059 7,906,610 1,868,449 81%(16,477) 9,758,582 Pasco Gas Operations 6,709,495 5,208,952 1,500,543 78%(243,476) 6,466,019 Marketing & Sales 6,942,168 6,084,826 857,342 88%921,806 7,863,974 Total Expenditures 45,258,040 36,012,949 9,245,091 80%1,744,867 47,002,907 Increase/ (Decrease)Amendment Description: Gas Fund Revenues:- Gas Fund Expenditures:1,744,867 At third quarter, anticipated revenues of the Gas Fund exceed anticipated expenditures by $785,893 for fiscal year 2020/21. At third quarter,a amendments include transfer of funds between various revenue codes which net to zero. At third quarter,expenditure amendments reflect a net increase of $1,744,867.00.Amendments include:1)a transfer of $1,184,867.00 to the General Fund for additional Gas Fund dividends;2)a transfer of $560,000.00 to capital project 96387,Natural Gas Vehicle Station,approved by Council June 17,2021;and 3)and amendments which net to zero reflecting the transfer of funds between various cost centers. 10 2020/21 Variance %2020/21 MY Amended Third Qtr.YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the Nine Month Period of October 1, 2020 to June 30, 2021 UTILITY FUNDS THIRD QUARTER REVIEW SOLID WASTE AND RECYCLING FUND Solid Waste Revenues: Other Permits and Fees 1,000 1,356 (356) 136%- 1,000 Charges for Service 23,660,000 19,283,856 4,376,144 82%- 23,660,000 Judgments, Fines and Forfeits 95,000 74,117 20,883 78%- 95,000 Miscellaneous 725,000 527,440 197,560 73%- 725,000 Transfers In - 63,562 (63,562) ~669 669 Solid Waste Revenues 24,481,000 19,950,331 4,530,669 81%669 24,481,669 Recycling Revenues: Other Permits and Fees 350 288 63 82%- 350 Intergovernmental - - - ~- - Charges for Service 2,430,000 1,943,973 486,027 80%- 2,430,000 Judgments, Fines and Forfeits 8,000 7,092 908 89%- 8,000 Miscellaneous 211,000 249,763 (38,763) 118%- 211,000 Transfers In - - - ~132 132 Recycling Revenues 2,649,350 2,201,115 448,235 83%132 2,649,482 - Fund Equity - - ~- - Total Revenues 27,130,350 22,151,446 4,978,904 82%801 27,131,151 Solid Waste Expenditures: Collection 17,853,129 12,165,269 5,687,860 68%504 17,853,633 Transfer 2,354,091 1,367,868 986,223 58%66 2,354,157 Container Maintenance 944,923 704,676 240,247 75%54 944,977 Administration 1,036,817 801,383 235,434 77%45 1,036,862 Solid Waste Expenditures 22,188,960 15,039,196 7,149,764 68%669 22,189,629 Recycling Expenditures: Residential 1,401,597 954,791 446,806 68%60 1,401,657 Multi-Family 460,267 344,396 115,871 75%18 460,285 Commercial 1,652,106 1,096,490 555,616 66%54 1,652,160 Recycling Expenditures 3,513,970 2,395,677 1,118,293 68%132 3,514,102 Total Expenditures 25,702,930 17,434,873 8,268,057 68%801 25,703,731 Increase/ (Decrease)Amendment Description: Solid Waste and Recycling Fund Revenues:801 Solid Waste and Recycling Fund Expenditures:801 At third quarter,revenues reflect an increase of $801.00 to transfer-in revenue to recognize safety award funding from the Central Insurance Fund. Amendments to expenditures include an increase of $801.00 to employee recognition for receipt of the 3rd quarter FY21 safety award. At third quarter, anticipated revenues of the Solid Waste and Recycling Fund exceed anticipated expenditures by $1,427,420 for fiscal year 2020/21. 11 2020/21 Third Qtr.Variance %2020/21 MY Amended Year to Date YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget MARINE FUND Marine Revenues: Intergovernmental - - - ~- - Charges for Service 5,133,210 4,160,121 973,089 81%- 5,133,210 Judgments, Fines and Forfeits 6,000 400 5,600 7%- 6,000 Miscellaneous Revenue 138,000 91,030 46,970 66%- 138,000 Transfers In - 31,850 (31,850) ~10,000 10,000 Fund Equity - - - ~- - Total Revenues 5,277,210 4,283,402 993,808 81%10,000 5,287,210 Marine Expenditures: Marina Operations 5,119,120 3,908,359 1,210,761 76%150,000 5,269,120 Total Expenditures 5,119,120 3,908,359 1,210,761 76%150,000 5,269,120 Increase/ (Decrease)Amendment Description: Marine Fund Revenues:10,000 Marine Fund Expenditures:150,000 At third quarter, anticipated revenues of the Marine Fund exceed anticipated expenditures by $18,090 for fiscal year 2020/21. Amendments to revenues reflect a transfer of $10,000 from General Fund revenues to provide funding as outlined in the Water Taxi Operating Agreement second renewal,approved by City Council on 11/15/2018. Amendments to expenditures reflect an increase of $150,000.00 transferred to capital project C1905,Beach Marina Upgrades.This increase in expenditures is offset by budgeted revenues. For The Nine Month Period of October 1, 2019 - June 30, 2020 ENTERPRISE FUNDS THIRD QUARTER REVIEW 12 2020/21 Third Qtr.Variance %2020/21 MY Amended Year to Date YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For The Nine Month Period of October 1, 2019 - June 30, 2020 ENTERPRISE FUNDS THIRD QUARTER REVIEW CLEARWATER HARBOR MARINA FUND Clearwater Harbor Marina Revenues: Intergovernmental - - - ~- - Charges for Service 872,870 659,168 213,702 76%- 872,870 Judgments, Fines and Forfeits 1,600 350 1,250 22%- 1,600 Miscellaneous Revenue 47,500 21,546 25,954 45%- 47,500 Transfers In - - - ~- - Fund Equity - - - ~- - Total Revenues 921,970 681,063 240,907 74%- 921,970 Clearwater Harbor Marina Expenditures Clearwater Harbor Marina Operations 866,930 641,830 225,100 74%- 866,930 Total Expenditures 866,930 641,830 225,100 74%- 866,930 Increase/ (Decrease)Amendment Description: Clearwater Harbor Marina Fund Revenues:- Clearwater Harbor Marina Fund Expenditures:- No amendments are proposed to Clearwater Harbor Marina Fund revenues at third quarter. No amendments are proposed to Clearwater Harbor Marina Fund expenditure at third quarter. At third quarter, anticipated revenues of the Clearwater Harbor Marina Fund exceed anticipated expenditures by $55,040 for fiscal year 2020/21. 13 2020/21 Third Qtr.Variance %2020/21 MY Amended Year to Date YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For The Nine Month Period of October 1, 2019 - June 30, 2020 ENTERPRISE FUNDS THIRD QUARTER REVIEW AIRPARK FUND Airpark Revenues: Intergovernmental - - - ~- - Charges for Service 18,500 10,635 7,865 57%- 18,500 Miscellaneous Revenue 329,360 235,638 93,722 72%- 329,360 Transfers In - - - ~- - Fund Equity 20,000 - 20,000 0%- 20,000 Total Revenues 367,860 246,273 121,587 67%- 367,860 Airpark Expenditures:- Airpark Operations 360,770 268,967 91,803 75%- 360,770 Total Expenditures 360,770 268,967 91,803 75%- 360,770 Increase/ (Decrease)Amendment Description: Airpark Fund Revenues:- Airpark Fund Expenditures:- At third quarter, anticipated revenues of the Airpark Fund exceed anticipated expenditures by $7,090 for fiscal year 2020/21. No amendments are proposed to Airpark Fund revenues at third quarter. No amendments are proposed to Airpark Fund expenditures at third quarter. 14 2020/21 Third Qtr.Variance %2020/21 MY Amended Year to Date YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For The Nine Month Period of October 1, 2019 - June 30, 2020 ENTERPRISE FUNDS THIRD QUARTER REVIEW PARKING FUND Parking Revenues: Charges for Service 6,230,560 7,012,211 (781,651) 113%2,500,000 8,730,560 Judgments, Fines and Forfeits 800,000 713,364 86,636 89%- 800,000 Miscellaneous Revenue 300,000 93,167 206,833 31%- 300,000 Transfers In 203 31,836 (31,633) 15683%- 203 Fund Equity - - - ~- - Total Revenues 7,330,763 7,850,579 (519,816) 107%2,500,000 9,830,763 Parking Expenditures Engineering/Parking System 4,552,380 3,511,986 1,040,394 77%240,000 4,792,380 Engineering/Parking Enforcement 800,000 529,238 270,762 66%- 800,000 Fire Dept/Beach Guards 971,123 733,654 237,469 76%- 971,123 Seminole Street Boat Ramp 132,840 71,343 61,497 54%- 132,840 Total Expenditures 6,456,343 4,846,220 1,610,123 75%240,000 6,696,343 Increase/ (Decrease)Amendment Description: Parking Fund Revenues:2,500,000 Parking Fund Expenditures:240,000 At third quarter,Parking Fund revenues are increased by $2,500,000,this will bring the budget in line with anticipated revenues for the year. At third quarter,expenditure amendments reflect a net increase of $240,000.00.Amendments include:1)an increase of $120,000.00 to contractual services to fund additional costs due to increased usage of Park Mobile system;2)an increase of $120,000.00 to other charges reflecting increase in credit card processing fees due to increased usage of cashless Park Mobile kiosks. At third quarter, anticipated revenues of the Parking Fund exceed anticipated expenditures by $3,134,420 for fiscal year 2020/21. 15 2020/21 Variance %2020/21 MY Amended Third Quarter YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget GENERAL SERVICES FUND General Services Revenues: Charges for Service 6,009,230 4,586,548 1,422,682 76%- 6,009,230 Miscellaneous Revenues 185,000 74,906 110,094 40%- 185,000 Transfers In - - - ~- - Fund Equity - - - ~- - Total Revenues 6,194,230 4,661,454 1,532,776 75%- 6,194,230 General Services Expenditures: Administration 443,624 330,363 113,261 74%- 443,624 Building & Maintenance 5,718,756 3,578,764 2,139,992 63%- 5,718,756 Total Expenditures 6,162,380 3,909,127 2,253,253 63%- 6,162,380 Increase/ (Decrease)Amendment Description: General Services Fund Revenues:- General Services Fund Expenditures:- For the Nine Month Period of October 1, 2020 to June 30, 2021 INTERNAL SERVICE FUNDS THIRD QUARTER REVIEW At third quarter, anticipated revenues of the General Services Fund exceed anticipated expenditures by $31,850 for fiscal year 2020/21. No amendments are proposed to General Services Fund revenues at third quarter. No amendments are proposed to General Services Fund expenditures at third quarter. 16 2020/21 Variance %2020/21 MY Amended Third Quarter YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the Nine Month Period of October 1, 2020 to June 30, 2021 INTERNAL SERVICE FUNDS THIRD QUARTER REVIEW ADMINISTRATIVE SERVICES FUND Administrative Services Revenues: Charges for Service 13,125,520 9,721,547 3,403,973 74%- 13,125,520 Miscellaneous Revenues 180,000 60,027 119,973 33%- 180,000 Transfers In 210 210 - 100%- 210 Fund Equity - - - ~- - Total Revenues 13,305,730 9,781,783 3,523,947 74%- 13,305,730 Administrative Services Expenditures: Info Tech / Admin 408,939 303,037 105,902 74%- 408,939 Info Tech / Network Svcs 4,703,533 3,200,519 1,503,014 68%- 4,703,533 Info Tech / Software Applications 3,272,530 2,464,958 807,572 75%- 3,272,530 Info Tech / Telecommunications 862,372 536,341 326,031 62%- 862,372 Public Comm / Courier 191,636 76,666 114,970 40%- 191,636 Clearwater Customer Service 3,815,660 2,667,456 1,148,204 70%- 3,815,660 Total Expenditures 13,254,670 9,248,977 4,005,693 70%- 13,254,670 Increase/ (Decrease)Amendment Description: Administrative Services Fund Revenues:- Administrative Services Fund Expenditures:- At third quarter, anticipated revenues of the Administrative Services Fund exceed anticipated expenditures by $51,060 for fiscal year 2020/21. No amendments are proposed to Administrative Services Fund revenues at third quarter. No amendments are proposed to Administrative Services Fund expenditures at third quarter. 17 2020/21 Variance %2020/21 MY Amended Third Quarter YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the Nine Month Period of October 1, 2020 to June 30, 2021 INTERNAL SERVICE FUNDS THIRD QUARTER REVIEW GARAGE FUND Garage Fund Revenues Charges for Service 17,494,420 10,937,720 6,556,700 63%- 17,494,420 Miscellaneous Revenues 1,030,000 457,023 572,977 44%- 1,030,000 Transfers In - - - ~- - Fund Equity 391,770 - 391,770 0%- 391,770 Total Revenues 18,916,190 11,394,744 7,521,446 60%- 18,916,190 Garage Fund Expenditures: Fleet Maintenance 17,760,211 11,593,471 6,166,740 65%- 17,760,211 Radio Communications 1,155,979 757,253 398,726 66%- 1,155,979 Total Expenditures 18,916,190 12,350,724 6,565,466 65%- 18,916,190 Increase/ (Decrease)Amendment Description: Garage Fund Revenues:- Garage Fund Expenditures:- At third quarter, anticipated revenues of the Garage Fund equal anticipated expenditures for fiscal year 2020/21. No amendments are proposed to Garage Fund revenues at third quarter. No amendments are proposed to Garage Fund expenditures at third quarter. 18 2020/21 Variance %2020/21 MY Amended Third Quarter YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the Nine Month Period of October 1, 2020 to June 30, 2021 INTERNAL SERVICE FUNDS THIRD QUARTER REVIEW CENTRAL INSURANCE FUND Central Insurance Revenues: Charges for Service 23,271,960 19,074,621 4,197,339 82%3,062,740 26,334,700 Miscellaneous Revenues 900,000 897,785 2,215 100%135,000 1,035,000 Transfers In - - - ~- - Fund Equity 1,886,270 - 1,886,270 0%1,215,000 3,101,270 Total Revenues 26,058,230 19,972,407 6,085,823 77%4,412,740 30,470,970 Central Insurance Expenditures: Finance / Risk Management 426,898 228,562 198,336 54%- 426,898 HR / Employee Benefits 426,370 185,566 240,804 44%- 426,370 HR / Employee Health Clinic 1,702,340 1,083,350 618,990 64%- 1,702,340 Non-Departmental 23,502,622 21,710,789 1,791,833 92%4,412,740 27,915,362 Total Expenditures 26,058,230 23,208,267 2,849,963 89%4,412,740 30,470,970 Increase/ (Decrease)Amendment Description: Central Insurance Fund Revenues:4,412,740 Central Insurance Fund Expenditures:4,412,740 At third quarter,revenue amendments reflect a net increase of $4,412,740.00.Amendments include an increase of $3,062,740.00 to dependent and retiree health insurance contributions;a decrease of $620,000 to interest earnings; increases totaling $755,000 to insurance recovery revenues; and an increase of $1,215,000 to the use of reserves to balance expenditure increases noted below. At third quarter,expenditure amendments reflect a net increase of $4,412,740.00.Amendments include an increase of $3,062,740.00 to medical insurance claims,which is offset by dependent and retiree health insurance contributions; increases totaling $950,000.00 to liability and workers compensation claims;and an increase of $400,000.00 to liability insurance premiums. At third quarter, anticipated revenues of the Central Insurance Fund equal anticipated expenditures for fiscal year 2020/21. 19 CAPITAL IMPROVEMENT PROGRAM Third Quarter Summary FY 2020/21 20 The amended 2020/21 Capital Improvement Program budget report is submitted for the City Council's third quarter review. The proposed amendment is a net budget increase in the amount of $38,577,718. This review provides the opportunity to examine the status of all active projects and present formal amendments to the project budgets. Fiscally significant budget increases encompassed within this review are as follows: The City Council did not previously approve the following capital improvement budget activity:  Imagine Clearwater – an increase of $37,020,000 to provide total project budget needed.  Carpenter Field Repair/Improve - a budget increase of $150,000 of General Fund revenue.  BayCare Ballpark Repair/Improve – a budget increase of $123,000 of General Fund revenue.  Fencing Replacement Program - a budget increase of $95,000 of General Fund revenue.  Crest Lake Park Improvement - a budget increase of $115,532 in General Fund revenue.  Beach Marina Upgrade - a budget increase of $150,000 of Marine Fund revenue.  Garage – Off Cycle Replacements - a budget decrease of $89,465 of insurance claims proceeds which is now being accounted for in Special Program fund.  Greenprint Implementation – to establish the project and record a budget increase of $300,000 of General Fund revenue.  Pinellas New Mains / Serv Lines – a budget increase of $20,712 in property owners share revenue to bring the budget in line with actual receipts.  Gas System – Pinellas Building – a budget increase $100,000 in Gas Fund revenue. This will correct a budget decrease from mid year that should have been transferred. All significant budget increases that have been previously approved by the City Council are listed below: Project Council Budget Increase Approval  Natural Gas Vehicle $ 560,000 06/17/21 Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment Police Equipment Replacement 1 P1802 16,046 To record a budget increase of $16,045.97 transferred in from the special program fund recognizing excess General Fund revenues in 181-99241,Human Trafficking Overtime which is complete.16,046 Imagine Clearwater 2 ENGF180013 37,020,000 * To record a budget increase of $37,020,000.00 representing advanced funding of future penny proceeds of $28,500,000.00 and $8,520,000.00 in revenue yet to be determined.37,020,000 Carpenter Field-Infras Rep/Imprv 3 93203 150,000 To record a budget increase of $150,000.00 of General Fund revenue.150,000 Baycare Ballpark Infrast Rep/Improv 4 93205 123,000 To record a budget increase of $123,000.00 of General Fund revenue.123,000 Morningside Rec Ctr Replacement - CLOSE PROJECT 5 93251 (8,120) To record a budget transfer of $8,119.60 of General Fund revenue to project 93637,Playground &Fitness Purchase & Replacement. This project will be closed.(8,120) Swimming Pool R&R 6 93271 136,000 To record a budget transfer of $136,000.00 of General Fund revenue from project 93635,Park Amenity Purchase and Replacement,as approved by City Council on June 17, 2021.136,000 Long Center Infra Repairs 7 93278 47,532 To record a budget transfer of $15,000.00 of General Fund revenue from project 93654,Recreation Centers Infrastructure Repair,and to record a budget transfer of $32,531.90 of General Fund revenue from project 93654, Recreation Center Infrastructure Repairs,as approved by the City Council on June 17, 2021.47,532 Boardwalks & Docks Rep & Rplcmnt 8 93604 100,000 To record a budget transfer of $100,000.00 of General Fund revenue from project 93673,Jack Russell Stadium Improvements.100,000 CAPITAL IMPROVEMENT PROGRAM Third Quarter Amendments FY 2020/21 21 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT PROGRAM Third Quarter Amendments FY 2020/21 Park Amenity Purch & Rplcmnt 9 93635 6,000 (136,000) To record a budget increase of $6,000.00 of donation revenues and a budget transfer of $136,000.00 of General Fund revenue to project 93271,Swimming Pool R&R,as approved by City Council on June 17, 2021.(130,000) Playground & Fitness Purch & Rplc 10 93637 9,600 To record a budget transfer of $8,119.60 of General Fund revenue from project 93251,Morning Recreation Center Replacement,and to record a budget transfer of $1,480.14 of General Fund revenue from project 93648,Moccasin Lake Park Master Plan.9,600 Fencing Replacement Program 11 93638 95,000 To record a budget increase of $95,000.00 of General Fund revenue.95,000 Phillip-Jones Restroom/Concession 12 93642 50,000 To record a budget transfer of $34,483.71 of General Fund revenue from project 93673,Jack Russell Stadium Improvements,and a budget transfer of $15,516.29 of infrastructure sales tax (Penny)revenue from project 93652, Countryside Complex Rest/Concession.50,000 Moccasin Lake Park Master Plan - CLOSE PROJECT 13 93648 (1,480) To record a budget transfer of $1,480.14 of General Fund revenue to project 93637,Playground &Fitness Purch & Rplc. This project will be closed.(1,480) Crest Lake Park Improvement 14 93650 115,532 To record a budget increase of $115,532.00 of General Fund revenue to fund the purchase of park maintenance equipment.115,532 Countryside Complex Rest/Conces - CLOSE PROJECT 15 93652 (15,516) To record a budget transfer of $15,516.29 of infrastructure sales tax (Penny)revenue to project 93642,Phillip-Jones Rest/Concession. This project will be closed.(15,516) 22 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT PROGRAM Third Quarter Amendments FY 2020/21 Recreation Centers Infras Repairs 16 93654 (47,532) To record a budget transfer of $15,000.00 of General Fund revenue to project 93278,Long Center Infrastructure Repairs,and to record a budget transfer of $32,531.90 of General Fund revenue to project 93278,Long Center Infrastructure &Repairs,as approved by the City Council on June 17, 2021.(47,532) Jack Russell Stadium Improvements 17 93673 (134,484) To record a budget transfer of $34,483.71 of General Fund revenue to project 93642,Phillip-Jones Rest/Concession and a budget transfer of $100,000.00 of General Fund revenue to project 93604,Boardwalk &Dock Repair & Replacement.(134,484) Ed Wright Park Renovations 18 C2002 (150,000) To record a budget transfer of $150,000.00 of infrastructure sales tax (Penny)revenue to project M1915, Belmont Park Revitalization,as approved by the City Council on August 5, 2021.(150,000) Belmont Park Revitalization 19 M1915 150,000 To record a budget transfer of $150,000.00 of infrastructure sales tax (Penny)revenue from project C2002,Ed Wright Park Renovations,as approved by the City Council on August 5, 2021.150,000 Beach Marina Upgrade 20 C1905 150,000 To record a budget increase of $150,000.00 of marina fund revenues.150,000 Garage - Off Cycle Replacements 21 L1911 (89,465) To record budget decrease of $89,465.12 in insurance claims proceeds which is now being accounted for in special program fund.(89,465) Greenprint Implementation - NEW PROJECT 22 C2106 300,000 To establish the project and record a budget increase of $300,000.00 of General Fund revenue.300,000 Line Relocation - Pasco Maint 23 96376 548 * To record a budget increase of $547.60 in property owners share revenue.This will bring the project budget in line with revenues received.548 23 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT PROGRAM Third Quarter Amendments FY 2020/21 Pinellas New Mains / Serv Lines 24 96377 20,712 * To record a budget increase of $20,712.35 in property owners share revenue.This will bring the project budget in line with revenues received.20,712 Gas System - Pinellas Building 25 96384 100,000 * To record a budget increase of $100,000.00 in gas fund revenue.This will correct a budget decrease from mid year that should have been transferred.100,000 Expanded Energy Conservation 26 96386 10,345 * To record a budget increase of $10,345.41 in property owner share revenues to bring the project budget in line with revenues received.10,345 Natural Gas Vehicle 27 96387 560,000 To record a budget transfer of $560,000.00 of gas fund revenue, as approved by City Council on June 17, 2021.560,000 38,577,718 - - 38,577,718 Gas System - Pinellas Building 96384 100,000 To record a transfer of $100,000.00 in gas fund revenue to project 92842,City Wayfinding as approved by Council May 20, 2021. TOTAL INTERFUND TRANSFERS:100,000 TOTAL INTERFUND TRANSFERS 24 * indicates budget amendment only CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY THIRD QUARTER: October 1, 2020 to June 30, 2021 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/20 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Police Protection P1802 Police Equipment Replacement 499,698 533,140 16,046 549,186 464,186 49,884 35,116 1 P1803 Command Bus Refurbishment 200,000 200,000 - 200,000 - 116,235 83,765 P1902 Police Information Systems 400,000 400,000 - 400,000 357,945 - 42,055 P2102 Training Range Sound Mitigation - 820,000 - 820,000 20,365 781,146 18,489 PD00180001 Police District 3 Station 12,500,000 13,050,000 - 13,050,000 925,401 11,351,570 773,029 Sub-Total 13,599,698 15,003,140 16,046 15,019,186 1,767,897 12,298,835 952,454 Fire Protection 91218 Fire Engine Replacement 4,174,786 4,164,216 - 4,164,216 2,791,668 1,334,223 38,326 91221 EMS Capital Equipment 1,165,710 1,031,480 - 1,031,480 1,031,480 - (0) C 91229 Replace & Upgrade Airpacks 1,146,680 1,146,680 - 1,146,680 849,291 39,368 258,021 91236 Rescue Vehicle 312,500 312,500 - 312,500 230,452 45,478 36,570 91244 Aerial Truck 3,068,781 3,218,514 - 3,218,514 2,653,479 - 565,034 91257 AED Program 265,230 265,230 - 265,230 171,449 - 93,781 91260 Thermal Imaging Cameras 280,270 280,270 - 280,270 148,954 - 131,316 91261 Personal Protection Equip 2,364,250 2,364,250 - 2,364,250 2,001,085 - 363,165 91262 SCBA Upgrade - Fill Station 125,000 125,000 - 125,000 82,366 - 42,634 91263 Extrication Tools 177,000 177,000 - 177,000 125,708 - 51,292 91264 Fire Hose Replacement 501,010 501,010 - 501,010 301,045 - 199,965 91271 Fire Boat 1,008,363 1,008,363 - 1,008,363 619,808 74,363 314,192 FD00190001 Fire Station 46 - Beach 6,372,693 6,372,693 - 6,372,693 524,271 716,312 5,132,110 FD00190002 Fire Station 47 Replacement 4,839,441 4,839,441 - 4,839,441 979,688 325,659 3,534,094 M2005 Fire Training Tower 200,286 200,286 - 200,286 52,987 - 147,299 ENGF190002 Beach Guard Tower 208,239 208,239 - 208,239 67,937 - 140,302 ENGF200002 Beach Guard Admin Building 30,000 50,000 - 50,000 37,283 - 12,717 Sub-Total 26,240,238 26,265,170 - 26,265,170 12,668,950 2,535,403 11,060,817 Major Street & Sidewalk Maintenance C2102 Fort Harrison Reconstruction - 5,026,766 - 5,026,766 - - 5,026,766 C2103 Downtown Streetscaping - 15,864,691 - 15,864,691 114,559 14,912,718 837,414 C2105 Mercado - Downtown Gateway - 500,000 - 500,000 - - 500,000 ENRD180002 Bridge Maintenance & Improve 7,802,997 7,802,997 - 7,802,997 801,953 104,844 6,896,201 ENRD180003 Traffic Calming 2,055,031 2,055,031 - 2,055,031 395,044 - 1,659,987 ENRD180004 Streets and Sidewalks 17,482,744 17,482,744 - 17,482,744 9,354,422 2,737,798 5,390,524 ENGF180001 Downtown Streetscaping 6,735,405 1,644,610 - 1,644,610 1,634,488 10,123 0 C ENGF200001 Redesign Fort Harrison/Myrtle 2,000,000 - - - - - - C Sub-Total 36,076,177 50,376,840 - 50,376,840 12,300,466 17,765,482 20,310,892 Intersections ENRD180005 City-Wide Intersection Improve 2,510,540 2,510,540 - 2,510,540 866,266 - 1,644,274 ENRD180006 Traffic Signals 1,144,434 1,144,534 - 1,144,534 660,834 178,567 305,133 ENRD180007 Traffic Safety Infrastructure 1,209,265 1,209,265 - 1,209,265 656,997 137,764 414,504 Sub-Total 4,864,239 4,864,339 - 4,864,339 2,184,097 316,331 2,363,911 Parking ENPK180001 Parking Lot Resurfacing 708,476 708,476 - 708,476 31,609 - 676,867 ENPK180002 Parking Lot Improvements 1,778,802 1,778,802 - 1,778,802 570,502 - 1,208,300 ENPK180003 Parking Facilities 1,985,348 1,985,348 - 1,985,348 813,784 187,835 983,730 Sub-Total 4,472,627 4,472,627 - 4,472,627 1,415,895 187,835 2,868,897 Miscellaneous Engineering 92842 City Wayfinding Project 1,450,000 2,050,000 - 2,050,000 241,284 970,377 838,339 C2004 Lift Stations - General Gov 2,000,000 1,450,000 - 1,450,000 176,245 14,538 1,259,217 ENGF180002 Downtown Intermodal 924,756 924,756 - 924,756 - - 924,756 ENGF180003 Miscellaneous Engineering 309,146 309,146 - 309,146 85,347 - 223,800 ENGF180004 Survey Equipment Replacement 27,288 27,288 - 27,288 - - 27,288 ENGF180013 Imagine Clearwater 16,241,322 47,641,322 37,020,000 84,661,322 10,593,954 14,421,674 59,645,694 2 ENGF200003 Memorial Causeway Bridge Lighting 1,600,000 200,000 - 200,000 152,656 - 47,344 Sub-Total 22,552,513 52,602,513 37,020,000 89,622,513 11,249,485 15,406,589 62,966,439 25 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY THIRD QUARTER: October 1, 2020 to June 30, 2021 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/20 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Park Development 93133 Park Land Acquisition 1,331,351 1,627,351 - 1,627,351 1,623,963 - 3,388 93203 Carpenter Field-Infras Rep/Imprv 682,817 682,817 150,000 832,817 624,819 4,707 203,291 3 93205 Baycare Ballpark Infrast Rep/Improv 3,532,272 3,532,272 123,000 3,655,272 3,475,360 44,914 134,998 4 93247 Fitness Equipment Replacement 520,000 520,000 - 520,000 434,088 14,949 70,963 93251 Morningside Rec Ctr Replacement 7,189,000 7,320,652 (8,120) 7,312,532 7,312,532 - 0 C 5 93271 Swimming Pool R&R 1,406,876 1,406,876 136,000 1,542,876 1,090,228 3,950 448,698 6 93272 Bicycle Paths-Bridges 5,495,232 5,420,232 - 5,420,232 3,971,105 32,740 1,416,387 93278 Long Center Infra Repairs 2,233,283 2,233,283 47,532 2,280,815 2,097,307 22,995 160,514 7 93286 Parking Lot/Bike Path Rsr/Imprv 951,618 951,618 951,618 610,327 - 341,291 93602 Sp Events Equip Rep & Rplcmnt 360,000 360,000 - 360,000 323,389 - 36,611 93604 Brdwlks & Docks Rep & Rplcmnt 665,000 665,000 100,000 765,000 601,727 62,280 100,994 8 93612 McMullen Tennis Complex 878,103 867,467 - 867,467 867,467 - - C 93618 Miscellaneous Park & Rec Contract 475,000 635,000 - 635,000 492,459 35,969 106,572 93620 Sports Field Lighting 725,362 725,362 - 725,362 257,673 39,304 428,386 93633 Pier 60 Pk & Bchwlk Rep & Improv 1,339,377 1,339,377 - 1,339,377 1,034,212 32,783 272,382 93634 Concrete Sidewalk & Pad Repair 428,176 428,176 - 428,176 288,162 - 140,014 93635 Park Amenity Purch & Rplcmnt 1,377,800 1,265,210 (130,000) 1,135,210 902,181 53,017 180,012 9 93636 Tennis Court Resurfacing 900,310 900,311 - 900,311 801,277 330 98,703 93637 Playground & Fitness Purch & Rplc 1,198,599 1,198,599 9,600 1,208,198 939,509 186,988 81,701 10 93638 Fencing Replacement Program 984,664 984,664 95,000 1,079,664 747,686 - 331,978 11 93642 Phillip-Jones Restroom/Concess 507,944 507,944 50,000 557,944 272,663 9,025 276,255 12 93646 Rest Rm Expan-Barefoot Bch House 520,950 520,950 - 520,950 513,892 750 6,308 93648 Moccasin Lake Park Master Plan 1,182,432 1,205,657 (1,480) 1,204,177 1,204,177 - - C 13 93650 Crest Lake Park Improvement 7,500,000 7,575,000 115,532 7,690,532 7,321,691 191,027 177,815 14 93652 Countryside Complex Restroom/Conces 4,099,500 4,104,500 (15,516) 4,088,984 4,088,984 - - C 15 93654 Recreation Centers Infras Repairs 670,000 670,000 (47,532) 622,468 387,034 42,295 193,140 16 93667 Del Oro Park Renovations 450,000 450,000 - 450,000 1,543 - 448,457 93668 Showmaster Portable Stage 200,000 142,743 - 142,743 142,743 - - C 93672 Clw Bch Infrast Repairs & Improve 397,690 397,690 - 397,690 361,368 - 36,323 93673 Jack Russell Stadium Improve 1,289,066 1,289,066 (134,484) 1,154,582 1,051,529 - 103,053 17 A1901 Miscellaneous Minor Public Art 112,785 177,079 - 177,079 60,625 - 116,454 C1902 Long Center Parking Improve 550,000 550,000 - 550,000 4,400 491,959 53,641 C1903 Phillies Entrance Sign 150,000 150,000 - 150,000 - - 150,000 C1904 Ruth Eckerd Hall 8,500,000 8,500,000 - 8,500,000 7,000,000 - 1,500,000 C2001 Athletic Flds & Fac Reno/Improve 7,500,000 7,500,000 - 7,500,000 - - 7,500,000 C2002 Ed Wright Park Renovations 750,000 750,000 (150,000) 600,000 - - 600,000 18 L1901 P&R Vehicle and Equip Additions 440,210 440,210 - 440,210 420,093 - 20,117 M1901 Countryside Sports Complex Reno 150,000 - - - - - - C M1915 Belmont Park Revitalization 382,909 477,909 150,000 627,909 19,300 5,865 602,744 19 M2002 Environ Park Remediate & Protect 100,000 100,000 - 100,000 - - 100,000 M2006 Right of Way Tree Mgt Prog 500,000 500,000 - 500,000 56,686 - 443,314 ENGF180007 Phillip Jones Park Renovations 224,726 224,726 - 224,726 51,704 10,994 162,028 Sub-Total 68,853,052 69,297,741 489,532 69,787,273 51,453,902 1,286,840 17,046,531 Marine Facilities 93410 Clwr Harbor Marina Maint R&R 310,000 322,500 - 322,500 312,811 - 9,689 93415 Waterway Maintenance 600,000 600,000 - 600,000 447,032 31,340 121,628 93418 Utilities Services Replacement 462,714 462,714 - 462,714 170,456 - 292,258 93420 Fuel System R & R 182,752 182,752 - 182,752 148,003 - 34,749 93422 Dredging of City Waterways 1,146,204 1,146,204 - 1,146,204 483,487 - 662,717 93499 Pier 60/Sailing Center Maint 541,952 541,952 - 541,952 330,123 13,400 198,428 C1905 Beach Marina Upgrade 1,000,000 1,000,000 150,000 1,150,000 7,821 - 1,142,179 20 C1906 Clw Harbor Marina Repl & Up 306,000 306,000 - 306,000 59,630 87,450 158,919 ENGF180006 City-wide Docks and Seawall 2,286,739 2,286,739 - 2,286,739 1,294,552 - 992,188 ENGF180014 Seminole Boat Launch Improve 6,752,000 6,752,000 - 6,752,000 4,224,621 48,315 2,479,065 M1902 Marine Fac Maint Dock R&R 414,970 414,970 - 414,970 278,064 - 136,906 M2102 Seminole Boat Launch Maint 10,000 215,125 - 215,125 - 18,948 196,177 Sub-Total 14,013,331 14,230,956 150,000 14,380,956 7,756,601 199,453 6,424,902 26 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY THIRD QUARTER: October 1, 2020 to June 30, 2021 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/20 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Airpark 94817 Airpark Maintenance & Repair 269,000 313,976 - 313,976 248,359 - 65,618 94886 Clw Airpark Masterplan Update 110,000 109,325 - 109,325 109,325 - - C 94894 Ground Support Equip Upgrade 100,000 54,560 - 54,560 54,560 - - C G1901 Replace Hangar C 1,205,000 1,305,000 - 1,305,000 354,701 833,802 116,497 G1908 Clw Airpark FDOT Security Grant 80,000 71,232 - 71,232 71,232 - - C G2009 Ground Support Equip Replace 19,467 19,467 - 19,467 19,467 - - C G2012 Clw Airpark Vehicle Replace 32,018 32,018 - 32,018 30,673 - 1,345 G2108 Security System Upgrade 150,000 150,000 - 150,000 66,434 7,169 76,397 Sub-Total 1,965,485 2,055,578 - 2,055,578 954,750 840,971 259,856 Libraries 93527 Books & Other Lib Materials 7,696,601 7,696,601 - 7,696,601 7,606,733 37,157 52,711 93530 Consolidated Eastside/SPC Libr 6,250,000 5,430,000 - 5,430,000 5,300,608 - 129,392 93532 Libr Maker Space Maint. & Up 282,560 282,560 - 282,560 199,945 - 82,615 93534 Library FF&E Repair & Replace 395,000 395,000 - 395,000 135,963 2,950 256,087 93535 Countryside Library Demolition 75,000 75,000 - 75,000 - - 75,000 94861 Library Technology 1,500,000 1,500,000 - 1,500,000 1,309,926 10,317 179,757 Sub-Total 16,199,161 15,379,161 - 15,379,161 14,553,175 50,424 775,562 Garage 94233 Motorized Equip-Cash 2,279,456 2,283,245 - 2,283,245 2,222,453 - 60,792 94238 Police Vehicles 2,502,032 2,502,032 - 2,502,032 2,377,239 72,618 52,175 94246 Fleet Management & Mapping 710,000 710,000 - 710,000 529,007 - 180,993 94627 Misc Budgetary Vehicle Addition 191,617 183,449 - 183,449 183,449 - - C C1901 Beach Radio Tower 852,370 852,370 - 852,370 - - 852,370 GSFL180001 Fleet Facility R&R 569,520 569,520 - 569,520 49,479 1,141 518,900 L1910 Motorized Equip Replace - LP 13,935,127 13,635,127 - 13,635,127 10,274,352 1,797,740 1,563,034 L1911 Garage - Off Cycle Replacements 235,227 589,465 (89,465) 500,000 205,544 112,981 181,475 21 M2010 P25 Radio Equipment & Infrast 543,104 543,104 - 543,104 - - 543,104 Sub-Total 21,818,453 21,868,312 (89,465) 21,778,847 15,841,523 1,984,480 3,952,844 Maintenance of Buildings C1907 City Hall Hardening 100,000 25,000 - 25,000 25,000 - - C C1909 City Hall Move 383,085 380,165 - 380,165 380,165 - - C ENGF180012 Public Works Complex 1,615,664 1,615,664 - 1,615,664 1,926 - 1,613,738 GSBM180001 Air Cond Replace-City Wide 1,354,436 1,354,436 - 1,354,436 812,086 12,000 530,350 GSBM180002 Flooring for Facilities 1,302,837 1,302,837 - 1,302,837 762,259 2,594 537,984 GSBM180003 Roof Repair and Replacement 1,945,409 1,954,213 - 1,954,213 1,141,618 2,956 809,639 GSBM180004 Painting of Facilities 692,923 692,923 - 692,923 158,091 41,784 493,048 GSBM180005 Fencing of Facilities 158,170 158,170 - 158,170 73,199 - 84,970 GSBM180006 Light Replacement & Repair 578,197 578,197 - 578,197 312,726 - 265,470 GSBM180007 Elevator Refurbish/Modern 660,576 660,576 - 660,576 11,118 - 649,458 GSBM180008 B&M Vehicle & Equipment 1,668,377 1,668,377 - 1,668,377 781,068 1,522 885,788 GSBM180009 New A/C Chiller System 4,850,000 4,850,000 - 4,850,000 1,752,713 27,750 3,069,537 GSBM180010 General Services R&R 400,000 400,000 - 400,000 307,892 - 92,108 GSBM180011 Generator Maintenance 600,000 600,000 - 600,000 - - 600,000 GSBM180012 General Faci Bldg Major Reno 2,035,242 2,035,242 - 2,035,242 256,834 - 1,778,409 C2101 North Ward Preservation - 77,920 77,920 29,098 - 48,822 L1902 B&M Vehicle & Equipment 65,000 65,000 - 65,000 35,046 - 29,955 Sub-Total 18,409,916 18,418,720 - 18,418,720 6,840,840 88,606 11,489,274 27 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY THIRD QUARTER: October 1, 2020 to June 30, 2021 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/20 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Miscellaneous 94729 City-wide Connect Infra 4,223,089 4,223,089 - 4,223,089 3,725,400 - 497,690 94736 Geographic Information Sys 1,185,997 1,185,997 - 1,185,997 954,455 - 231,542 94828 Financial Systems Upgrades 4,108,165 4,108,165 - 4,108,165 2,682,407 163,249 1,262,510 94829 CIS Upgrades / Replacement 1,297,376 1,297,376 - 1,297,376 432,023 - 865,353 94830 MS Licensing / Upgrades 1,150,000 1,150,000 - 1,150,000 842,601 16,201 291,198 94833 Computer Monitors 419,828 419,828 - 419,828 392,266 - 27,562 94850 Backfile Conversion of Records 500,000 500,000 - 500,000 187,660 - 312,340 94857 Accela Permit & Code Enforce 350,000 350,000 - 350,000 274,479 - 75,521 94873 Citywide Camera System 310,000 310,000 - 310,000 221,664 - 88,336 94874 City Enterprise Timekeep Sys 335,000 335,000 - 335,000 202,802 5,620 126,578 94880 Granicus Agenda Mgt Sys 185,000 185,000 185,000 41,136 - 143,864 94883 Business Proc Review & Improve 750,000 750,000 750,000 311,925 369 437,706 94888 City EOC & Disaster Recovery Fac 3,360,000 3,360,000 3,360,000 3,133,537 40,196 186,267 C2006 ADA Transition Plan 600,000 600,000 600,000 97,185 - 502,815 C2007 Citywide Audio/Visual Solutions 190,053 190,053 190,053 - - 190,053 C2106 Greenprint Implementation - - 300,000 300,000 - - 300,000 22 ENGF180010 Pollutant Storage Tank 399,408 399,408 - 399,408 43,380 - 356,028 ENGF180011 Environmental Assmt & Clean-up 713,636 713,636 - 713,636 105,562 22,398 585,676 L1906 Telecommunications Upgrade 769,047 769,047 - 769,047 - - 769,047 L1907 IT Disaster Recovery 280,396 280,396 - 280,396 57,869 - 222,527 L1908 Network Infra & Server R&R 1,693,191 1,693,191 - 1,693,191 1,132,098 136,597 424,496 M1911 IT Disaster Recovery Equipment 125,000 125,000 - 125,000 - - 125,000 M1912 Network Infra & Server Upgrade 223,226 223,226 - 223,226 96,803 - 126,423 M1914 Sustainability Initiatives 200,000 200,000 200,000 47,740 3,970 148,290 M2007 City EOC Maintenance 75,000 75,000 75,000 - - 75,000 Sub-Total 23,443,412 23,443,412 300,000 23,743,412 14,982,993 388,600 8,371,820 UTILITIES Stormwater Utility ENST180001 Stormwater Pipe System Improve 11,816,127 11,816,127 - 11,816,127 2,736,373 3,090,585 5,989,169 ENST180002 Allen's Creek 2,816,271 2,816,271 - 2,816,271 2,509,926 2,287 304,058 ENST180003 Stormwater System Expansion 1,869,326 869,326 - 869,326 - - 869,326 ENST180004 Stevenson Creek 5,229,146 2,729,146 - 2,729,146 37,612 - 2,691,535 ENST180005 Coastal Basin 6,076,807 4,296,950 - 4,296,950 1,949,196 189,337 2,158,417 ENST180006 Alligator Creek Watershed 6,386,592 3,386,592 - 3,386,592 397,085 239,183 2,750,324 ENST180008 Hillcrest Bypass Culvert 4,096,167 4,096,167 - 4,096,167 3,611,508 - 484,658 ENST180010 Lower Spring Branch Improve 2,320,000 2,320,000 - 2,320,000 236,810 72,234 2,010,956 C1908 Stormwater Vehicles & Equip 3,675,500 3,675,500 - 3,675,500 3,192,934 38,472 444,094 Sub-Total 44,285,936 36,006,079 - 36,006,079 14,671,443 3,632,097 17,702,538 Water System 96721 System R & R - Maintenance 5,065,686 5,065,686 - 5,065,686 2,838,222 172,620 2,054,844 96722 Line Relocation - Maintenance 10,541,545 7,868,140 - 7,868,140 2,706,769 48,952 5,112,419 96739 Reclaimed Water Dist Sys 46,666,014 46,666,014 - 46,666,014 45,375,997 418,607 871,410 96742 Line Relocation-Capitalized 5,669,275 5,669,275 - 5,669,275 4,255,780 - 1,413,495 96744 System Expansion 3,473,043 3,473,043 - 3,473,043 3,146,118 - 326,925 96764 RO Plant Exp Res #1 15,869,527 15,869,527 - 15,869,527 13,159,771 - 2,709,756 96767 RO Plant at Res #2 43,095,439 43,095,439 - 43,095,439 41,721,004 948,343 426,093 96773 Groundwater Replenishm Fac 20,900,118 20,900,118 - 20,900,118 5,902,487 - 14,997,631 96782 RO Plant @WTP #3 1,599,594 1,599,594 - 1,599,594 343,596 7,229 1,248,769 96783 Water Sys Upgrades/Improve 7,803,600 7,803,600 - 7,803,600 1,125,336 420,962 6,257,302 96784 Reclaim Water Distrib Sys R&R 2,095,253 1,518,976 - 1,518,976 849,582 483,394 186,000 96785 Feasibility Studies/Evalu - Water 3,705,000 3,705,000 - 3,705,000 2,212,416 277,133 1,215,451 96786 Devices/Equipments - Water 600,000 600,000 - 600,000 - - 600,000 L1905 Vehicle & Equipment - Water 125,212 125,212 - 125,212 125,212 - - C M1908 RO Plant Exp Res #1 R&R 1,000,000 1,000,000 - 1,000,000 39,535 2,664 957,800 M1909 RO Plant at Res #2 R&R 1,050,000 1,050,000 - 1,050,000 65,927 1,588 982,485 M1910 Water Treatment Plant #3 R&R 448,851 448,851 - 448,851 1,427 1,588 445,836 M2103 Utilities Bldg & Maint - - - - - - - C Sub-Total 169,708,155 166,458,474 - 166,458,474 123,869,179 2,783,079 39,806,216 28 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY THIRD QUARTER: October 1, 2020 to June 30, 2021 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/20 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Sewer System 96212 Sanitary Sewer Upgrades/Impr 18,701,511 18,701,511 - 18,701,511 7,114,841 3,095,322 8,491,349 96213 Marshall Street Upgrades/Impr 11,644,299 11,644,299 - 11,644,299 4,085,767 5,816,294 1,742,238 96214 East Plant Upgrades/Improve 4,020,000 4,020,000 - 4,020,000 342,044 92,433 3,585,523 96215 N.E. Plant Upgrades/Improve 23,660,120 28,660,120 - 28,660,120 1,673,722 20,707,766 6,278,632 96216 Laboratory Upgrade/Improve 1,155,079 1,155,079 - 1,155,079 12,168 2,690 1,140,222 96217 Pump Station R&R 1,950,192 1,950,192 - 1,950,192 588,687 7,939 1,353,566 96630 Sanitary Sewer Extension 14,944,528 14,944,528 - 14,944,528 12,570,807 48,907 2,324,815 96634 Sanitary Sewer Relocation 5,356,666 4,385,542 - 4,385,542 3,506,320 72,713 806,509 96645 Laboratory Upgrade & R&R 1,146,761 1,146,761 - 1,146,761 1,126,761 - 20,000 96654 Facilities Upgrade & Improve 13,489,876 13,489,876 - 13,489,876 10,530,968 258,998 2,699,911 96664 Water Pollution Control R & R 31,066,864 26,066,864 - 26,066,864 17,374,391 1,067,746 7,624,727 96665 Sanitary Sewer R&R 47,513,458 47,213,458 - 47,213,458 33,779,543 8,398,381 5,035,534 96686 Pump Station Replacement 9,332,747 9,332,747 - 9,332,747 4,281,020 1,661,429 3,390,298 L1903 Generators - Sewer Fund 404,250 404,250 - 404,250 404,250 - - C L1904 Vehicle & Equip-Sewer 498,701 498,701 - 498,701 498,701 - - C M1905 Marshall Street Plant R&R 2,900,000 2,900,000 - 2,900,000 69,207 328,910 2,501,883 M1906 Northeast Plant R&R 1,219,313 1,219,313 - 1,219,313 471,311 169,934 578,068 M1907 East Plant R&R 3,320,000 3,320,000 - 3,320,000 235,866 51,050 3,033,084 M2008 Vehicle and Equip-Sewer 26,000 26,000 - 26,000 25,245 - 755 Sub-Total 192,350,365 191,079,241 - 191,079,241 98,691,618 41,780,510 50,607,113 Gas System 96358 Environmental Remediation 2,134,794 2,134,794 - 2,134,794 1,779,932 38,353 316,509 96365 Line Relocation-Pinellas Maint 781,106 781,106 - 781,106 551,258 - 229,848 96367 Gas Meter Change Out-Pinellas 4,113,000 4,113,000 - 4,113,000 4,020,126 - 92,874 96374 Line Relocation-Pinellas Capital 2,733,500 2,733,500 - 2,733,500 2,382,965 7,000 343,535 96376 Line Relocation - Pasco Maint 308,593 308,593 548 309,140 143,245 - 165,896 23 96377 Pinellas New Mains / Serv Lines 35,310,791 35,375,937 20,712 35,396,650 34,405,341 - 991,308 24 96378 Pasco New Mains / Serv Lines 22,876,741 22,886,980 - 22,886,980 21,280,427 66,406 1,540,147 96379 Pasco Gas Meter Change Out 1,142,821 1,142,821 - 1,142,821 829,312 - 313,509 96381 Line Reloc-Pasco-Capitalized 1,209,151 1,239,160 - 1,239,160 949,117 786 289,257 96382 Gas Inventory - Work Mgmt Sys 992,000 992,000 - 992,000 856,268 - 135,732 96384 Gas System - Pinellas Building 28,857,855 28,757,855 100,000 28,857,855 27,517,089 265,590 1,075,176 25 96385 Gas Main Extensions 1,807,845 1,807,845 - 1,807,845 1,496,595 - 311,250 96386 Expanded Energy Conservation 13,609,835 13,618,243 10,345 13,628,589 11,843,133 428 1,785,029 26 96387 Natural Gas Vehicle 6,724,584 6,724,584 560,000 7,284,584 4,677,771 109,536 2,497,277 27 96389 Future IMS Software & Hardware 950,000 950,000 - 950,000 354,293 - 595,707 96390 Gas Vehicle Additions 473,294 460,100 - 460,100 460,100 - (0) C 96391 Gas System Pasco Building 450,000 450,000 - 450,000 - - 450,000 M1904 Pinellas Building Equip R&R 600,000 600,000 - 600,000 - - 600,000 Sub-Total 125,075,908 125,076,518 691,605 125,768,123 113,546,971 488,098 11,733,054 Solid Waste & Recycling 96426 Facility R & R - 2,902,608 - 2,902,608 1,839,197 6,950 1,056,461 96443 Res Container Acquisition - 2,201,741 - 2,201,741 1,644,188 - 557,552 96444 Comm Container Acquisition 4,445,420 4,445,420 - 4,445,420 3,769,664 45 675,711 96445 Solar Trash & Recycling Kiosks 339,414 339,414 - 339,414 239,182 - 100,232 96448 Solid Waste CNG Station 150,000 150,000 - 150,000 - - 150,000 96449 Solid Waste Truck Wash Fac 555,500 555,500 - 555,500 - - 555,500 C2005/L2005 Underground Refuse Program 1,695,090 1,695,090 - 1,695,090 879,852 507,910 307,328 96804 Recycling Carts/Dumpsters 1,396,650 1,396,650 - 1,396,650 879,567 - 517,083 96805 Recycling Expan/Particip/R&R 1,331,525 1,331,525 - 1,331,525 1,213,802 - 117,723 96811 Purchase Transfer Tractors 408,000 395,983 - 395,983 395,983 - - C SR00180003 Processing Ctr Building Replace 3,862,633 3,862,633 - 3,862,633 4,396 - 3,858,237 SRTS180001 S.W.Transfer Station Rebuild 19,650,130 19,650,130 - 19,650,130 19,045,654 41,976 562,500 Sub-Total 33,834,361 38,926,693 - 38,926,693 29,911,486 556,881 8,458,327 Utility Miscellaneous 96523 Pub Utilities Adm Bldg R&R 556,703 556,703 - 556,703 436,694 - 120,009 96526 Public Utility Admin Building 904,306 904,306 - 904,306 - - 904,306 Sub-Total 1,461,009 1,461,009 - 1,461,009 436,694 - 1,024,315 TOTAL ALL PROJECTS 839,224,036 877,286,522 38,577,718 915,864,240 535,097,965 102,590,513 278,175,762 29 Special Program Fund Third Quarter Budget Amendments October 1, 2020 - June 30, 2021Increase/ Amdmt Program (Decrease)Intrafund Net BudgetNumberNumberAmountTransfer Amount Description Amendment General Government Programs Housing Consulting Services - CLOSE PROGRAM 1 99421 (65,666) To record a budget transfer of $65,666.40 in General Fund revenues to program M2105,ED Strategic Plan.This program will be closed. (65,666) American Rescue Plan Act Fund - NEW PROGRAM 2 G2109 11,241,947 To establish the program and record a budget increase of $11,241,946.50 in grant revenues from the American Rescue Plan Act, this will bring the budget in line with revenues received.11,241,947 General Government Totals:11,241,947 (65,666) 11,176,280 Public Safety Programs Foreclosure Registry - Nuisance Abatement 3 98609 3,900 To record a budget increase of $3,900.00 which represents foreclosure registry fees collected to date to bring the budget in line with actual receipts.3,900 Police Extra Duty 4 99215 270,484 To record a budget increase of $270,484.40 in police service revenue to bring the budget in line with actual receipts. 270,484 Police Education Fund 5 99317 7,474 To record a budget increase of $7,474.23 in police education fine revenue which will bring the budget in line with actual receipts.7,474 Investigative Costs Recovery 6 99329 59,765 To record a budget increase of $14,386.31 in grant revenues;an increase of $30,378.45 in fines,forfeitures and penalties revenue; and an increase of $15,000.00 transferred from the capital fund for asset transfer of former police boat. 59,765 Florida Contraband Forfeiture Fund 7 99330 32,918 (10,873) To record a budget increase of $32,918.14 in fines,forfeitures and penalties revenue which will bring the budget in line with actual receipts;and a transfer of $10,873.32 in fines,forfeitures,and penalties revenue to 99356, Safe Neighborhood Program.22,045 Vehicle Replacement Fund 8 99350 138,428 To record a budget increase of $138,427.79 in insurance claims revenue which will bring the budget in line with actual receipts.138,428 Safe Neighborhood Program 9 99356 10,873 To record a transfer $10,873.32 in fines,forfeitures,and penalties revenue from 99330, Florida Contraband Forfeiture Fund.10,873 30 Special Program Fund Third Quarter Budget Amendments October 1, 2020 - June 30, 2021Increase/ Amdmt Program (Decrease)Intrafund Net BudgetNumberNumberAmountTransfer Amount Description Amendment Public Safety Programs (continued) Crime Prevention Program 10 99364 25,000 To record a budget increase of $25,000.00 in donation revenues. This will bring the budget in line with actual receipts.25,000 Federal Forfeiture Sharing 11 99387 11,342 To record an increase of $10,891.58 in grant revenues from the US Department of Justice,and $450.00 in miscellaneous revenues which will bring the budget in line with actual receipts.11,342 School Resource Officers 12 P1801 20,157 To record a budget increase of $20,157.37 in reimbursement revenue from the Pinellas County School Board for SRO extra duty in fiscal year 2020/21.This will bring the budget in line with revenues received.20,157 Pedestrian/Bicycle Safety Grant 2022 - NEW PROGRAM 13 G2110 21,455 To establish the program and record a budget increase of $21,455.01 in grant revenues from the University of North Florida to fund the fiscal year 2021/22 Pedestrian and Bicycle Safety Grant as approved by Council on August 19, 2021.21,455 Public Safety Program Totals:590,923 - 590,923 Physical Environment Programs Tree Replacement Program 14 99970 25,296 To record a budget increase of $25,296.00 in fines,forfeiture and penalties revenue to bring the budget in line with actual receipts.25,296 Physical Environment Programs Program: Totals:25,296 - 25,296 Economic Environment Programs Public Facilities 2020 15 G2004 (30,000) To record a budget transfer of $30,000.00 in Community Development Block Grant revenues to G2201,Public Facilities 2022. (30,000) Program Administration 2020 - CLOSE PROGRAM 16 G2006 (87,219) To record a budget transfer of $87,219.03 in Community Development Block Grant (CDBG)revenue to G2201,Public Facilities 2022. (87,219) 31 Special Program Fund Third Quarter Budget Amendments October 1, 2020 - June 30, 2021Increase/ Amdmt Program (Decrease)Intrafund Net BudgetNumberNumberAmountTransfer Amount Description Amendment Economic Environment Programs (Continued) Public Services 2020 - CLOSE PROGRAM 17 G2008 (10,219) To record a budget transfer of $10,219.28 in Community Development Block Grant (CDBG)revenue to G2201,Public Facilities 2022. (10,219) CDBG-CV Fund 18 G2010 66,778 To record a budget increase of $66,778.00 in CDBG program income revenue from the NSP3 closeout.66,778 Public Facilities 2021 19 G2101 1,500 (60,460) To record a budget transfer of $60,460.00 in Community Development Block Grant (CDBG)revenue to G2201,Public Facilities 2022;and an increase of $1,500.00 in CDBG program income revenue from the NSP3 closeout.(58,960) Economic Development 2021 20 G2102 (136,464) To record a budget transfer of $136,464.00 in Community Development Block Grant (CDBG)revenue to G2202,Economic Development 2022.(136,464) Infill Housing 2021 - CLOSE PROGRAM 21 G2104 (86,154) To record a budget transfer of $86,154.00 in Community Development Bock Grant (CDBG)revenue to G2204,Infill Housing 2022.(86,154) Public Services 2021 22 G2105 19,382 To record a budget increase of $19,381.66 in CDBG program income revenue from the NSP3 closeout.19,382 ED Strategic Plan - NEW PROGRAM 23 M2105 65,666 To record a budget transfer of $65,666.40 in General Fund revenues from 99421, Housing Consulting Services.65,666 Public Facilities 2022 - NEW PROGRAM 24 G2201 187,898 To record budget transfers in Community Development Bock Grant (CDBG)revenues of $30,000.00 from G2004,Public Facilities 2020;$87,219.03 from G2006,Program Administration 2020;$10,219.28 from G2008,Public Services 2020;and $60,460 from G2101, Public Facilities 2021.187,898 Economic Development 2022 - NEW PROGRAM 25 G2202 136,464 To record a budget transfer of $136,464.00 in Community Development Bock Grant (CDBG)revenue from G2102,Economic Development 2021.136,464 32 Special Program Fund Third Quarter Budget Amendments October 1, 2020 - June 30, 2021Increase/ Amdmt Program (Decrease)Intrafund Net BudgetNumberNumberAmountTransfer Amount Description Amendment Economic Environment Programs (Continued) Infill Housing 2022 - NEW PROGRAM 26 G2204 86,154 To record a budget transfer of $86,154.00 in Community Development Bock Grant (CDBG)revenue from G2104,Infill Housing 2021.86,154 Economic Environment Program Totals:87,660 65,666 153,326 Human Services Programs Next Steps to Better Nutrition 27 98601 (1,000) To record a budget decrease of $1,000.00 in grant revenue from the National Council on Aging.This will bring the budget in line with revenues received.(1,000) Human Services Program: Totals:(1,000) - (1,000.00) Culture and Recreation Programs Library Special Account 28 99910 125 To record a budget increase of $125.00 in donation revenue to bring the budget in line with actual receipts.125 Culture and Recreation Program Total:125 - 125 11,944,950 (0) 11,944,950 Interfund Transfers Human Trafficking Overtime - CLOSE PROGRAM 99241 16,046 To record a transfer of $16,045.97 of unspent General Fund revenues to capital project P1802, Police Equipment Replacement. Total Interfund Transfers:16,046 Total Budget Increase/(Decrease): 33 SPECIAL PROGRAM STATUS SUMMARY THIRD QUARTER REVIEW: October 1, 2020 to June 30, 2021 Actual Expenditures Budget Amended Revised Project Open Available Amend Description Budget Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref GENERAL GOVERNMENT PROGRAMS 99421 Housing Consulting Service 115,000 115,000 (65,666) 49,334 49,334 - 0 C 1 99857 Stimulus - Elctrnc Plan Submittal & Rev 289,000 289,000 - 289,000 149,927 - 139,073 99868 Federal Early Retiree Reinsurance 651,500 651,500 - 651,500 559,222 - 92,279 99925 Peg Access Support 838,261 838,261 - 838,261 836,917 - 1,344 99928 Nagano Sister City Program 304,139 304,139 - 304,139 172,446 7,500 124,193 M1913 Lien Foreclosure Program 549,868 725,984 - 725,984 330,560 - 395,424 M2101 Planning Studies Fund 300,000 475,000 - 475,000 13,261 238,324 223,415 G2109 American Rescue Plan Act Fund - - 11,241,947 11,241,947 - - 11,241,947 2 Sub-Total 3,047,767 3,398,884 11,176,280 14,575,164 2,111,666 245,824 12,217,674 PUBLIC SAFETY PROGRAMS 98609 Foreclosure Registry-Nuisance Abtmnt 130,500 149,800 3,900 153,700 22,163 - 131,538 3 98610 Hurricane Irma 2,615,206 3,506,686 - 3,506,686 2,706,118 - 800,567 99215 Police Extra Duty 4,076,616 4,654,055 270,484 4,924,539 4,658,776 2,547 263,216 4 99241 Human Trafficking Overtime 87,000 87,000 - 87,000 87,000 - - C 99279 Police Recruitments 201,010 201,010 - 201,010 81,031 650 119,329 99281 Fed Forfeitures - Treasury 196,150 167,234 - 167,234 120,171 - 47,064 99316 Police Volunteers 153,519 158,519 - 158,519 144,562 - 13,957 99317 Police Education Fund 1,391,780 1,407,382 7,474 1,414,856 1,304,567 - 110,288 5 99329 Investigative Recovery Costs 2,601,962 2,736,249 59,765 2,796,014 2,466,431 - 329,583 6 99330 FL Contraband Forfeiture Fund 1,062,172 999,444 22,045 1,021,489 757,538 - 263,951 7 99350 Vehicle Replacement Fund 467,022 523,104 138,428 661,532 291,766 39,386 330,380 8 99356 Safe Neighborhood Program 1,341,846 1,341,846 10,873 1,352,719 1,252,720 100,000 9 99364 Crime Prevention Program 204,374 215,574 25,000 240,574 167,391 - 73,184 10 99387 Federal Forfeiture Sharing 2,423,290 2,451,541 11,342 2,462,883 1,834,172 37,435 591,276 11 99927 Emergency Operations 4,118,821 4,328,870 - 4,328,870 3,102,345 133,660 1,092,865 99982 EMS Incentive/Recognition 69,700 69,700 - 69,700 41,088 - 28,612 G2003 2020 HVE Ped & Bicycle Safety 80,000 49,380 - 49,380 49,380 - - C G2106 2021 HVE Ped & Bicycle Safety - 56,882 - 56,882 56,882 - - C P1801 School Resource Officers 1,070,735 1,650,637 20,157 1,670,795 1,441,728 - 229,066 12 D2001 COVID-19 Prep & Response 200,000 1,980,740 - 1,980,740 590,533 - 1,390,207 P2001 Police Boat Replacement 181,526 181,526 - 181,526 181,526 - - C P2002 Police Body Worn Camera Program 616,957 686,253 - 686,253 639,331 1,005 45,917 P2101 Mental Health Co-Responder Team - 143,200 - 143,200 - - 143,200 G2110 Pedestrian/Bicycle Safety Grant 2022 - - 21,455 21,455 - - 21,455 13 Sub-Total 23,290,186 27,746,631 590,923 28,337,554 21,997,218 214,683 6,125,653 PHYSICAL ENVIRONMENT PROGRAMS 99970 Tree Replacement Program 1,919,579 1,931,010 25,296 1,956,306 965,855 9,034 981,417 14 Sub-Total 1,919,579 1,931,010 25,296 1,956,306 965,855 9,034 981,417 ECONOMIC ENVIRONMENT PROGRAMS 99729 Joint Hercules Pln & Econ Study 150,000 - - - - - - C 99764 Public Facilities 2018 443,768 443,768 - 443,768 344,915 98,853 - 99802 Brownfield Revolving Loan 1,216,732 1,216,732 - 1,216,732 420,381 - 796,351 99846 Economic Development - QTI 166,879 166,879 - 166,879 71,591 - 95,288 99871 State Brownfields Redevelopment Acct 165,463 165,463 - 165,463 165,463 - 0 C G1902 Public Facilities 2019 319,253 319,253 - 319,253 233,920 85,333 - G1905 Infill Housing 2019 162,359 162,359 - 162,359 162,359 - 0 G2004 Public Facilities 2020 230,345 135,345 (30,000) 105,345 40,180 64,661 504 15 G2005 Economic Development 2020 60,000 51,575 - 51,575 51,575 - - C G2006 Program Administration 2020 261,309 246,335 (87,219) 159,116 159,116 - - C 16 G2008 Public Services 2020 114,603 114,603 (10,219) 104,384 104,384 - - C 17 G2010 CDBG-CV Fund 623,592 1,482,560 66,778 1,549,338 139,430 42,079 1,367,829 18 G2011 Back to Business Grant Program 3,550,000 3,550,000 - 3,550,000 1,427,498 - 2,122,502 G2101 Public Facilities 2021 456,251 551,251 (58,960) 492,291 1,500 386,291 104,500 19 G2102 Economic Development 2021 228,039 236,464 (136,464) 100,000 19,700 80,300 - 20 G2103 Program Administration 2021 167,472 182,446 - 182,446 138,575 15,000 28,871 G2104 Infill Housing 2021 86,154 86,154 (86,154) - - - - C 21 G2105 Public Services 2021 136,104 136,104 19,382 155,486 44,384 91,721 19,382 22 M2009 Afford Housing & Comm Development 290,853 290,853 - 290,853 13,962 53 276,838 34 SPECIAL PROGRAM STATUS SUMMARY THIRD QUARTER REVIEW: October 1, 2020 to June 30, 2021 Actual Expenditures Budget Amended Revised Project Open Available Amend Description Budget Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref ECONOMIC ENVIRONMENT PROGRAMS (CONTINUED) M2105 ED Stragegic Plan - - 65,666 65,666 - - 65,666 23 G2201 Public Facilities 2022 - - 187,898 187,898 - - 187,898 24 G2202 Economic Development 2022 - - 136,464 136,464 - - 136,464 25 G2204 Infill Housing 2022 - - 86,154 86,154 - - 86,154 26 Sub-Total 8,829,177 9,538,145 153,326 9,691,471 3,538,932 864,291 5,288,248 HUMAN SERVICES PROGRAMS 98601 Next Steps to Better Nutrition 10,000 10,000 (1,000) 9,000 6,574 - 2,426 27 98607 Senior Citizens Services - Trips 14,000 14,000 - 14,000 10,858 - 3,142 99562 HUD Special Education 30,000 30,000 - 30,000 27,600 - 2,400 99844 United Way 15,080 15,080 - 15,080 11,645 - 3,435 99869 Health Prevention Program 195,269 190,269 - 190,269 176,019 4,115 10,136 99872 Coordinated Child Care - Ross Norton 3,171,577 2,423,266 - 2,423,266 2,423,266 - 0 C G2107 JWB Youth Programming - 802,228 - 802,228 285,555 10,650 506,023 Sub-Total 3,435,926 3,484,843 (1,000) 3,483,843 2,941,517 14,765 527,561 CULTURE AND RECREATION PROGRAMS 98608 Clark-Turner Trust (Library)106,077 106,077 - 106,077 - - 106,077 99910 Library Special Account 890,399 890,400 125 890,525 859,568 - 30,957 28 G1907 Clearwater for Youth Grants 18,000 30,000 - 30,000 13,074 - 16,926 PRSE190001 Special Events 2,561,950 2,565,227 - 2,565,227 2,326,867 15,707 222,654 Sub-Total 3,576,426 3,591,704 125 3,591,829 3,199,509 15,707 376,614 TOTAL ALL PROJECTS 44,099,061 49,691,217 11,944,950 61,636,168 34,754,696 1,364,304 25,517,167 35 City of Clearwater SPECIAL DEVELOPMENT FUND Third Quarter FY 2020/21 Increase/ (Decrease)Description Revenues Ad Valorem Taxes 56,127 An increase in ad valorem taxes to bring the budget in line with actual receipts for the year. Sales Tax Infrastructure 1,000,000 An increase in sales tax infrastructure revenues to bring the budget in line with anticipated receipts for the year. Open Space Fees 230,650 An increase in open space fees to bring the budget in line with actual receipts for the year. Recreation Facility Impact Fees 22,887 An increase in recreation facility impact fees to bring the budget in line with actual receipts for the year. Recreation Land Impact Fees 416,523 An increase in recreation land impact fees to bring the budget in line with actual receipts for the year. Interest Earnings (245,000) A decrease in interest earnings to bring the budget in line with anticipated receipts for the year. Fee in Lieu of Sidewalks 14,442 An increase in fee in lieu of sidewalks to bring the budget in line with actual receipts for the year. Multi-Modal Impact Fees 425,000 An increase in Multi-Modal Impact Fees to bring the budget in line with actual receipts for the year. 1,920,629$ Net Revenue Amendments Expenditures No amendments are proposed to Special Development Fund expenditures at mid year. -$ Net Expenditure Amendments 36 SPECIAL REVENUE FUNDS Third Quarter: October 1, 2020 - June 30, 2021 Original First Quarter Mid Year Third Quarter Budget Amended Budget Amended Budget Amended Budget 2020/21 2020/21 2020/21 2020/21 Amendments Revenues: Ad Valorem Taxes 3,426,420 3,426,420 3,426,420 3,482,547 56,127 Infrastructure Tax 11,771,980 11,771,980 11,771,980 12,771,980 1,000,000 Interest Earnings 550,000 550,000 550,000 305,000 (245,000) Open Space Fees - - - 230,650 230,650 Recreation Facility Impact Fees - - - 22,887 22,887 Recreation Land Impact Fees - - - 416,523 416,523 Fee in Lieu of Sidewalks - - - 14,442 14,442 Multi-Modal Impact Fees 150,000 150,000 150,000 575,000 425,000 Local Option Gas Tax 1,500,000 1,500,000 1,500,000 1,500,000 - Allocation of Assigned Fund Balance 678,020 974,020 974,020 974,020 - 18,076,420 18,372,420 18,372,420 20,293,049 1,920,629 Expenditures: Transfer to Capital Improvement Fund - Road Millage 3,344,710 3,344,710 3,344,710 3,344,710 - Infrastructure Tax 12,450,000 12,450,000 12,450,000 12,450,000 - Recreation Facility Land Fees - 190,286 190,286 190,286 - Open Space Impact Fees - 105,714 105,714 105,714 - Multi-Modal Impact fees 140,000 140,000 140,000 140,000 - Local Option Gas Tax 1,427,150 1,427,150 1,427,150 1,427,150 - 17,361,860 17,657,860 17,657,860 17,657,860 - SPECIAL DEVELOPMENT FUND 37 SPECIAL REVENUE FUNDS Third Quarter: October 1, 2020 - June 30, 2021 Original First Quarter Mid Year Third Quarter Budget Amended Budget Amended Budget Amended Budget 2020/21 2020/21 2020/21 2020/21 Amendments Revenues: CDBG Program Income 837,360 837,360 837,360 925,020 87,660 Interest Earnings 100,000 100,000 100,000 100,000 - Intergovernmental Revenue - 2,660,962 4,315,755 15,623,592 11,307,837 Charges for Service Revenue - 311,855 632,856 907,241 274,384 Judgments, Fines and Forfeit Revenu - 272,262 410,126 506,193 96,067 Miscellaneous Revenue - 29,414 65,218 229,221 164,003 Transfers from General Fund:- 143,200 143,200 143,200 - Sister City Program 37,380 37,380 37,380 37,380 - Planning Study Fund 300,000 325,000 325,000 325,000 - United Way Campaign Fund 1,500 1,500 1,500 1,500 - Special Events 70,000 70,000 70,000 70,000 - Economic Development QTI 13,230 13,230 13,230 13,230 - Police Recruitments 30,000 30,000 30,000 30,000 - Police Body Worn Camera Program 270,794 270,794 270,794 270,794 - Transfers from Capital Fund - - - 15,000 15,000 1,660,264 5,102,956 7,252,420 19,197,370 11,944,950 Expenditures: General Government 337,380 455,756 688,496 11,864,776 11,176,280 Public Safety 300,794 2,368,290 4,757,239 5,348,163 590,923 Physical Environment - 5,479 11,431 36,727 25,296 Economic Environment 686,120 1,545,088 1,395,088 1,548,414 153,326 Human Services 1,500 390,595 50,417 49,417 (1,000) Culture and Recreation 70,000 73,278 85,278 85,403 125 Interfund Transfers 164,470 164,470 164,470 164,470 - Transfer to Capital Fund 30,000 30,000 30,000 30,000 - 1,590,264 5,032,956 7,182,420 19,127,370 11,944,950 Revenues: HOME Investment Partnerships 431,440 431,440 431,440 431,440 - State Housing Initiatives Partnership - - - - - Total - HOME/SHIP Funds 431,440 431,440 431,440 431,440 - Expenditures: Economic Environment 323,580 323,580 323,580 323,580 - Interfund Transfers 107,860 107,860 107,860 107,860 - Total - HOME/SHIP Programs 431,440 431,440 431,440 431,440 - SPECIAL PROGRAM FUND OTHER HOUSING ASSISTANCE FUNDS 38 ADMINISTRATIVE CHANGE ORDERS Third Quarter Review FY 2020/21 39 In accordance with City of Clearwater Code Section 2.564(2), the City Manager may approve and execute change orders without City Council approval within certain limitations. The following change orders have been administratively approved since the last report to the Council based on the code specified criteria: 1. Increases do not exceed 10% over Council approved amount on a cumulative basis. 2. Change does not change the scope of a project. 3. Price increases do not require additional appropriation to the project. 4. Contract price decreases may be approved without limitation. 5. The time for completion may not be extended by more than sixty (60) days, in any one change or cumulatively for the same project. ***** 06/18/21 Administrative Change Order #3 & Final – East WRF RDT Building Repair (18-0016-UT). This change order decreases and increases items in accordance with field conditions to close the contract resulting in a net decrease to the contract. Paramount Painting and Services, Inc. (14,862.81) 06/24/21 Administrative Change Order #3 – Clearwater Gas System Facility Redevelopment (15-0043-GA). This change order increases items in accordance with field conditions resulting in a net increase to the contract. Walbridge Aldinger, LLC 219,172.78 06/24/21 Administrative Change Order #1 & Final – North Garden Avenue Garage (18-0033-EN). This change order decreases and increases items in accordance with field conditions to close the contract resulting in a net decrease to the contract. Restocon Corp. (52,449.57) Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9501-21 2nd rdg Agenda Date: 10/7/2021 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.15 SUBJECT/RECOMMENDATION: Adopt Ordinance 9501-21 on second reading, amending the Capital Improvement Budget for the Fiscal Year ending September 30, 2021, to reflect a net increase of $38,577,718. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/6/2021 Ordinance #9501-21 ORDINANCE NO. 9501-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE CAPITAL IMPROVEMENT BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2021, TO REFLECT A NET INCREASE OF $38,577,718 PROVIDING AN EFFECTIVE DATE. WHEREAS, the Capital Improvement Budget for the fiscal year ending September 30, 2021 was adopted by Ordinance No. 9409-20; and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to provide for the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen circumstances or emergencies arising during the fiscal year; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. Section 1 of Ordinance No. 9409-20 is amended to read: Pursuant to the Third Quarter Amended Capital Improvement Program Report and Estimated Budget for the fiscal year beginning October 1, 2020 and ending September 30, 2021, a copy of which is on file with the City Clerk, the City Council hereby adopts a Third Quarter Amended budget for the capital improvement fund for the City of Clearwater, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ Frank Hibbard, Mayor Approved as to form: Attest: ______________________________ ____________________________ Pamela K. Akin, City Attorney Rosemarie Call, City Clerk First Qtr.Mid Year Third Qtr. Original Amended Amended Amended Budget Budget Budget Budget 2020/21 2020/21 2020/21 2020/21 Amendments Police Protection 11,075,000 11,928,442 12,478,442 12,494,488 16,046 Fire Protection 1,996,380 2,021,313 2,021,313 2,021,313 - Major Street and Sidewalk Maintenance 4,596,470 7,623,236 18,897,133 18,897,133 - Intersections 315,390 315,490 315,490 315,490 - Parking 834,000 834,000 834,000 834,000 - Miscellaneous Engineering 5,191,500 35,191,500 35,241,500 72,261,500 37,020,000 Park Development 7,665,100 8,109,789 8,109,789 8,599,321 489,532 Marine Facilities 1,460,000 1,665,125 1,677,625 1,827,625 150,000 Airpark Facilities 175,000 165,093 265,093 265,093 - Libraries 135,000 (685,000) (685,000) (685,000) - Garage 5,899,300 5,949,159 5,949,159 5,859,694 (89,465) Maintenance of Buildings 2,665,000 2,673,804 2,673,804 2,673,804 - Miscellaneous 2,105,000 2,105,000 2,105,000 2,405,000 300,000 Stormwater Utility 6,063,090 6,063,090 809,999 809,999 - Gas System 8,800,000 8,875,424 8,800,609 9,492,214 691,605 Solid Waste & Recycling 725,000 712,983 712,983 712,983 - Utilities Miscellaneous 100,000 (2,926,766) (2,926,766) (2,926,766) - Sewer System 30,988,020 30,988,020 29,716,896 29,716,896 - Water System 9,754,600 9,754,600 6,504,919 6,504,919 - TOTAL PROJECT EXPENDITURES 100,543,850 131,364,302 133,501,987 172,079,705 38,577,718 GENERAL SOURCES: General Operating Revenue 7,767,920 8,059,573 8,059,573 8,859,151 799,578 Penny for Pinellas 12,450,000 12,450,000 12,450,000 40,950,000 28,500,000 Road Millage 3,344,710 3,344,710 3,344,710 3,344,710 - Local Option Gas Tax 1,427,150 1,427,150 1,427,150 1,427,150 - Grants 120,000 (56,466) 23,534 23,534 - Other Governmental 456,020 605,853 2,605,853 11,125,853 8,520,000 Multi-Modal Impact Fee 140,000 140,000 140,000 140,000 - Special Program Fund 30,000 125,000 125,000 125,000 - Recreation Land Impact Fee - 190,286 190,286 190,286 - Open Space Impact Fee - 105,714 105,714 105,714 - Donations 50,000 5,000 5,000 11,000 6,000 Other - 73,098 73,098 73,098 - EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2020/21 Ordinance # 9501-21 First Qtr.Mid Year Third Qtr. Original Amended Amended Amended Budget Budget Budget Budget 2020/21 2020/21 2020/21 2020/21 Amendments EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2020/21 SELF SUPPORTING FUNDS: Parking Revenue 894,000 1,119,125 1,119,125 1,119,125 - Marine Revenue 690,000 690,000 690,000 840,000 150,000 Clearwater Harbor Marina Revenue 150,000 150,000 162,500 162,500 - Airpark Revenue 55,000 55,000 75,000 75,000 - Water Revenue 4,980,000 4,980,000 4,980,000 4,980,000 - Sewer Revenue 22,733,500 22,733,500 22,733,500 22,733,500 - Utility R&R 10,575,600 10,575,600 10,575,600 10,575,600 - Water Impact Fees 160,000 160,000 160,000 160,000 - Sewer Impact Fees 50,000 50,000 50,000 50,000 - Stormwater Utility Revenue 6,063,090 6,063,090 6,063,090 6,063,090 - Gas Revenue 8,800,000 8,888,618 8,913,803 9,605,408 691,605 Solid Waste Revenue 625,000 625,000 625,000 625,000 - Recycling Revenue 100,000 100,000 100,000 100,000 - INTERNAL SERVICE FUNDS: Garage Revenue 598,300 656,327 656,327 566,862 (89,465) Administrative Services Revenue 985,000 985,000 985,000 985,000 - General Services Revenue 75,000 75,000 75,000 75,000 - Central Insurance Revenue 152,460 152,460 152,460 152,460 - - BORROWING - GENERAL SOURCES: Lease Purchase - General Fund 195,100 (15,125) (15,125) (15,125) - Interfund Loan - General Fund 11,000,000 11,000,000 11,000,000 11,000,000 - Bond Financing - 30,000,000 30,000,000 30,000,000 - BORROWING - SELF SUPPORTING FUNDS: Lease Purchase - Gas - (13,194) (13,194) (13,194) - Lease Purchase - Solid Waste/Recycling (12,017) (12,017) (12,017) - BORROWING - INTERNAL SERVICE FUNDS: Lease Purchase - Garage 5,201,000 5,201,000 5,201,000 5,201,000 - Lease Purchase - Administrative Services 675,000 675,000 675,000 675,000 - TOTAL ALL FUNDING SOURCES:100,543,850 131,364,302 133,501,987 172,079,705 38,577,718 Ordinance # 9501-21 Third Quarter Budget Review Fiscal Year 2020-21 Memorandum TO: Mayor and City Council FROM: Micah Maxwell, Interim City Manager COPIES: Michael Delk, Assistant City Manager SUBJECT: Third quarter budget review - amended City Manager's annual budget report DATE: August 30, 2021 Attached is the third quarter budget review in accordance with the City Code of Ordinances. This report is based on the first nine months of activity in the current fiscal year (October 2020 through June 2021). Contained within are comments on major variances and documentation of all proposed amendments. Significant Fund amendments are outlined below: General Fund General Fund revenue and expenditure amendments reflect a net increase of $591,193. The General Fund expenditure increase at third quarter includes the Council approved property purchase on Engman Street for $37,000, and a transfer of $10,000 to the Marine Fund for the water taxi agreement. Other amendments include an increase which totals $148,493 to police and fire supplemental pension to bring the budget in line with actual revenues and expenditures; an increase of $95,700 to fire department overtime which is offset by reimbursement revenues from the County; and the transfer of $300,000 to establish the Greenprint Implementation project. In addition, various revenues are amended which will bring the budget in line with anticipated receipts for the year. The fiscal year 2020/2021 budget was created and adopted in a time of uncertainty during the COVID-19 pandemic. Both revenues and expenditures were budgeted conservatively not knowing the continuing effects on revenue streams or the expenses that may be incurred in response. The revenue sources originally impacted (sales tax, revenue sharing, beach contracts) have fully restored, resulting in large budget increases recognized at third quarter. Adjusted for the expenditure increases noted above, this results in a surplus of $11,522,630 to General Fund reserves at third quarter. This surplus offsets the use of reserves previously allocated this year resulting in an estimated $9.9 million increase to fund reserves at fiscal year-end. General Fund Reserves – In order to ensure adequate reserves, the City Council’s policy reflects that General Fund unappropriated fund reserves of 8.5% of the City’s budgeted General Fund expenditures must be maintained as a reserve to guard against future emergencies. Third Quarter Budget Review Fiscal Year 2020-21 With the closing of the year-end 2020 books, estimated General Fund reserves at third quarter are approximately $58.2 million, or 35.3% of the preliminary fiscal year 2021/22 General Fund budget, exceeding our minimum reserve requirement by $44.1 million. Significant amendments to other city operating funds are noted as follows: Gas Fund Amendments to Gas fund expenditures include the transfer of $1,184,867 to the General Fund representing the increased dividend payment, and a transfer of $560,000 to the Natural Gas Vehicle station project. Budgeted revenues are sufficient to cover this expenditure increase. Marine Fund Third quarter amendments to Marine Fund expenditures include a transfer of $150,000 to the Beach Marina Upgrades project. This expenditure increase is offset by budgeted revenues. Parking Fund Third quarter amendments to Parking Fund expenditures reflect an increase of $240,000 to fund the increases in contractual services and processing fees due to increased usage of the Park Mobile application. Parking revenues are increased by $2,500,000 to bring the budget in line with anticipated revenues for the year. Central Insurance Fund At third quarter, Central Insurance Fund expenditures are increased by $4,412,740. Amendments include an increase of $3,062,740 to medical insurance premiums which is offset by a revenue amendment recognizing health insurance contributions for dependents and retirees; increases totaling $950,000 to liability and workers compensation claims; and an increase of $400,000 to liability insurance premiums. Capital Improvement Program Third quarter amendments to the capital improvement program reflect a net increase of $38,577,718. Amendments include Council approved increases of $560,000 of Gas Fund revenues in the Natural Gas Vehicle project. Project activity not previously approved by the Council is summarized on page 20. Significant amendments include an increase of $37,020,000 in the Imagine Clearwater project; increases of general fund revenues of $150,000 in the Carpenter Field project, $123,000 in the BayCare Ballpark project, $95,000 in the parks fencing project, $115,532 in the Crest Lake Park project, and $300,000 in the new Greenprint implementation project; an increase of $150,000 of Marine Fund revenues in the Beach Marina Upgrades project; an increase of $20,712 of property owner share revenues in the Pinellas new mains project; an increase of $100,000 in Gas Fund revenues in the Gas Pinellas building project to correct a budget error; and a decrease of $89,465 in insurance proceeds in the garage off-cycle replacement project. Third Quarter Budget Review Fiscal Year 2020-21 Special Program Fund The Special Program Fund reflects a net budget increase of $11,944,950 at third quarter. Significant amendments include $11,241,947 in American Rescue Plan Act funding; an increase of $46,733 in public safety grant revenues for Investigative Costs Recovery, Federal Forfeiture Sharing, and Pedestrian/Bicycle Safety; an increase of $20,157 in governmental revenues from the Pinellas County School Board for school resource officer’s extra duty; $25,125 in donation revenues to support Police and Library programs; $87,660 in Community Development Block Grant program income; $3,900 in foreclosure registry fees collected; $96,067 in fines and court proceeds for public safety programs, and the tree replacement program; $138,428 in insurance claim revenue for police vehicle replacements; $15,000 for the cost of an asset transferred to the General Fund; and $270,484 in contractual service revenue for police extra duty. CITY OF CLEARWATER THIRD QUARTER SUMMARY 2020/21 FY 20/21 Mid Variance % Adopted Year Third Qtr.YTD Actual vs.YTD vs.Third Qtr.Amended Description Budget Amended Actual Amend Budget Budget Adjustment Budget General Fund: Revenues 152,179,840 153,824,638 136,026,786 17,797,852 88%591,193 154,415,831 Expenditures 152,179,840 153,824,638 114,087,373 39,737,265 74%591,193 154,415,831 Utility Funds: Water & Sewer Fund Revenues 102,289,480 102,289,480 73,300,276 28,989,204 72%- 102,289,480 Expenditures 102,289,480 102,289,480 81,605,850 20,683,630 80%- 102,289,480 Stormwater Fund Revenues 17,899,890 17,899,890 13,184,055 4,715,835 74%- 17,899,890 Expenditures 16,706,320 16,706,320 14,042,491 2,663,829 84%- 16,706,320 Gas Fund Revenues 47,788,140 47,788,800 33,764,329 14,024,471 71%- 47,788,800 Expenditures 45,257,380 45,258,040 36,012,949 9,245,091 80%1,744,867 47,002,907 Solid Waste and Recycling Fund Revenues 27,130,350 27,130,350 22,151,446 4,978,904 82%801 27,131,151 Expenditures 25,702,930 25,702,930 17,434,873 8,268,057 68%801 25,703,731 Enterprise Funds: Marine Fund Revenues 5,277,210 5,277,210 4,283,402 993,808 81%10,000 5,287,210 Expenditures 5,119,120 5,119,120 3,908,359 1,210,761 76%150,000 5,269,120 Airpark Fund Revenues 347,860 367,860 246,273 121,587 67%- 367,860 Expenditures 340,770 360,770 268,967 91,803 75%- 360,770 Clearwater Harbor Marina Fund Revenues 921,970 921,970 681,063 240,907 74%- 921,970 Expenditures 854,430 866,930 641,830 225,100 74%- 866,930 Parking Fund Revenues 7,330,560 7,330,763 7,850,579 (519,816) 107%2,500,000 9,830,763 Expenditures 6,436,140 6,456,343 4,846,220 1,610,123 75%240,000 6,696,343 Internal Service Funds: General Services Fund Revenues 6,194,230 6,194,230 4,661,454 1,532,776 75%- 6,194,230 Expenditures 6,162,380 6,162,380 3,909,127 2,253,253 63%- 6,162,380 Administrative Services Revenues 13,305,520 13,305,730 9,781,783 3,523,947 74%- 13,305,730 Expenditures 13,254,460 13,254,670 9,248,977 4,005,693 70%- 13,254,670 Garage Fund Revenues 18,916,190 18,916,190 11,394,744 7,521,446 60%- 18,916,190 Expenditures 18,916,190 18,916,190 12,350,724 6,565,466 65%- 18,916,190 Central Insurance Fund Revenues 26,058,230 26,058,230 19,972,407 6,085,823 77%4,412,740 30,470,970 Expenditures 26,058,230 26,058,230 23,208,267 2,849,963 89%4,412,740 30,470,970 1 THIRD QUARTER REVIEW AMENDED CITY MANAGER'S FISCAL YEAR 2020-21 REPORT PAGE # General Fund Operating Budget ..................................................................................................... 3 Utility Funds Operating Budget ...................................................................................................... 8 Other Enterprise Funds Operating Budgets ................................................................................. 12 Internal Service Funds Operating Budgets ................................................................................... 16 Capital Improvement Program Budget ........................................................................................ 20 Special Program Fund Budget ....................................................................................................... 30 Special Development Fund ........................................................................................................... 36 Administrative Change Orders ...................................................................................................... 39 Ordinances ..................................................................................................................................... 40 The amended 2020/21 operating budget, presented by operating fund and/or department, is submitted for the City Council review. The actual and projected data contained in this review represents nine months, October 1, 2020 through June 30, 2021. The adjustments, however, represent all data available at the time of the report, including action taken by the City Council after June 30, 2021. Definitions associated with the operating funds information is presented as follows: Definitions: Adopted Budget - The budget as adopted by the City Council on September 17, 2020. Variance YTD Actual vs. Adopted Budget - Difference between year to date actual and adopted budget. % YTD vs. Budget - Percentage of adopted budget expended, year to date. Proposed Amendments - Adjustments that have been approved by the City Council, made at the Manager’s discretion, and/or adjustments proposed based on the third quarter review. Amended Budget - Adding the Original Budget and Adjustments. 2 Capital Improvement Program The amended 2020/21 Capital Improvement Projects budget report is submitted for the City Council review. This review provides the opportunity to analyze the status of all active projects and present formal amendments to the project budget. The Capital Improvement Program and Special Program fund information is presented as follows: Definitions: Budget - The budget as of October 1, 2020, which includes project budgets from prior years, which have not been completed. Amendment - Amendments which have been approved by the City Council, made at the Manager's discretion, and/or adjustments proposed as a result of the third quarter review. Revised Budget - Adding the Budget and Amendment columns. Encumbrance - Outstanding contract or purchase order commitment. Available Balance - Difference between revised budget and expenditure, plus encumbrance. Status - C - project is completed Amend Ref - Reference number for description of amendment. Increase/ (Decrease)Description Ad Valorem Taxes 1,114,763 At third quarter,approximately all property tax revenues have been received.The budget is increased by $1,114,763.00 to reflect actual collections for the year. 2,150,000 At third quarter,amendments to utility taxes revenues reflect a increases of $1,700,000.00 to electricity;and an increase of $450,000.00 to water.This will bring the budget in line with anticipated receipts for the year. (270,000) Third quarter amendments to local option,fuel and other taxes reflect a reduction of $270,000.00 to telecommunications taxes to bring the budget in line with anticipated receipts for the year. Franchise Fees 160,000 At third quarter,franchise fee revenues are increased by a net total of $160,000.00.This includes an increase of $200,000.00 in electric franchise fees,and a decrease of $40,000.00 to gas franchise fees. Other Permits and Fees 1,425,000 At third quarter,other permits and fees revenues are being increased by $1,425,000.00 in building/sign permit revenues to bring the budget in line with anticipated receipts for the year. Intergovernmental 6,299,193 Third quarter amendments to other governmental revenue reflect a net increase $6,299,193.00.Amendments include the following increases:1)$1,308,000.00 to state revenue sharing;2)$3,400,000.00 to 1/2 cent sales tax 3)$102,000 for Pinellas County library co-op revenues;4)$145,000.00 to Fire Tax;5)$1,100,000.00 to EMS tax;6)$95,700 to Fire and EMS reimbursement revenues from the County which offset overtime increases in the Fire Department;and 7) $148,493.00 to public safety supplemental pension revenue which offset expenditure amendments in the Police and Fire Departments. Local Option, Fuel & Other Taxes City of Clearwater General Fund Revenues Third Quarter Amendments FY 2020/21 Utility Taxes 3 Increase/ (Decrease)Description City of Clearwater General Fund Revenues Third Quarter Amendments FY 2020/21 Charges for Service (370,000) Amendments to charges for service reflect a net decrease of $370,000.00 This includes the following adjustments:1)an increase of $140,000.00 to fire inspection fees;2)decreases which total $600,000.00 to various parks and recreation fees; and 3) increases totaling $90,000.00 to Pier 60 revenues. 270,000 Amendments to fines and forfeiture revenues reflect an increase of $120,000.00 to code enforcement fines,and $150,000.00 to red light camera fines.This will bring the budget in line with actual receipts for the year. Miscellaneous 150,000 At third quarter,amendments to miscellaneous revenues include a decrease of $200,000.00 to interest earnings and increases totaling $350,000.00 to beach rental contracts. 1,184,867 Third quarter amendments to transfer in revenues include an increase of $1,184,867.00 for additional dividends from the Gas Fund. (11,522,630) Third quarter amendments reflect a net surplus of $11,522,630.00.This represents the net of revenue amendments noted above and expenditure amendments. This will eliminate the use of reserves allocated this year and return approximately $9.4 million to fund reserves at fiscal year end. 591,193 Judgments, Fines & Forfeitures Net General Fund Transfer (to) from Surplus Transfers In 4 Increase/ (Decrease)Description 26,790 At third quarter,amendments to the Engineering department reflect an increase of $26,790.00 to special pay to correct a budgeting error for funds that were allocated to Police Department. 186,162 Amendments to Fire Department reflect an increase of $90,462.00 to Fire supplemental pension plans,which is offset by an amendment increasing supplemental pension revenue;and an increase of $95,700 to overtime which is offset by reimbursement revenues received from Pinellas County. - Third Quarter amendments to Parks &Recreation expenditures reflect a net zero amendment transferring $483,532.00 in salary and operating savings to the following capital projects:$150,000.00 to 315-93203, Carpenter Field Infrastructure Repairs/Improvements; $115,532.00 to 315-93650,Crest Lake Park Improvements; $123,000.00 to 315-93205,BayCare Ballpark Infrastructure Repairs/Improvements;and $95,000.00 to 315-93638, Fencing Replacement Program. 31,241 At third quarter,amendments to the Police Department include an increase of $58,031.00 to the Police supplemental pension plans which is offset by an amendment increasing supplemental pension revenue; and a decrease of $26,790.00 to special pay to correct a budgeting error for funds that were to be allocated to Engineering. City of Clearwater General Fund Expenditures Third Quarter Amendments FY 2020/21 Engineering Police Parks & Recreation Fire 5 Increase/ (Decrease)Description City of Clearwater General Fund Expenditures Third Quarter Amendments FY 2020/21 Non-Departmental Third quarter amendments to Non-Departmental include the following: 37,000 1)An increase of $37,000.00 to Land Development to fund the purchase of real property located at the southwest corner of N.Martin Luther King Jr.Avenue and Engman Street as approved by City Council on September 2, 2021 10,000 2)A transfer of $10,000.00 to the Marine Fund for the Clearwater Ferry's use of slips as approved in the water taxi operating agreement renewal approved by the Council on November 15, 2018 300,000 3)A transfer of $300,000.00 of General Fund revenues to establish capital improvement project C2106,Greenprint Implementation. 347,000 591,193 Net General Fund 6 2020/21 Variance %2020/21 MY Amended Year to Date YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Amended Bud Budget Amendment Budget General Fund Revenues Ad Valorem Taxes 68,492,140 69,581,285 (1,089,145) 102%1,114,763 69,606,903 Utility Taxes 15,230,000 11,466,502 3,763,498 75%2,150,000 17,380,000 Local Option, Fuel and Other Taxes 6,350,000 4,456,309 1,893,691 70%(270,000) 6,080,000 Franchise Fees 10,104,770 6,371,842 3,732,928 63%160,000 10,264,770 Other Permits & Fees 2,309,000 3,011,476 (702,476) 130%1,425,000 3,734,000 Intergovernmental 18,862,910 15,964,469 2,898,441 85%6,299,193 25,162,103 Charges for Services 15,780,380 11,554,152 4,226,228 73%(370,000) 15,410,380 Judgments, Fines and Forfeitures 1,354,000 1,080,314 273,686 80%270,000 1,624,000 Miscellaneous Revenues 2,643,956 2,327,306 316,650 88%150,000 2,793,956 Transfers In 11,080,942 10,213,132 867,810 92%1,184,867 12,265,809 Total Revenues 152,208,098 136,026,786 16,181,312 89%12,113,823 164,321,921 Transfer (to) from Surplus 1,616,540 - 1,616,540 0%(11,522,630) (9,906,090) Adjusted Revenues 153,824,638 136,026,786 17,797,852 88%591,193 154,415,831 General Fund Expenditures City Council 395,821 293,834 101,987 74%- 395,821 City Manager's Office 1,275,944 829,799 446,145 65%- 1,275,944 City Attorney's Office 1,809,657 1,336,972 472,685 74%- 1,809,657 City Auditor's Office 226,444 100,453 125,991 44%- 226,444 CRA Administration 468,510 367,827 100,683 79%- 468,510 Economic Development and Housing 1,829,014 1,388,388 440,626 76%- 1,829,014 Engineering 8,230,947 5,784,426 2,446,521 70%26,790 8,257,737 Finance 2,637,861 1,877,008 760,854 71%- 2,637,861 Fire 30,294,275 23,229,776 7,064,499 77%186,162 30,480,437 Human Resources 1,562,180 1,028,757 533,423 66%- 1,562,180 Library 8,000,965 5,758,776 2,242,189 72%- 8,000,965 Non-Departmental 9,253,248 8,780,197 473,051 95%347,000 9,600,248 Official Records and Legislative Svcs 1,215,729 784,693 431,036 65%- 1,215,729 Parks & Recreation 31,311,192 21,652,750 9,658,442 69%- 31,311,192 Planning & Development 6,458,802 4,699,524 1,759,278 73%- 6,458,802 Police 47,259,323 35,089,720 12,169,603 74%31,241 47,290,564 Public Communications 1,196,256 797,984 398,272 67%- 1,196,256 Public Utilities 398,470 286,489 111,981 72%- 398,470 Total Expenditures 153,824,638 114,087,373 39,737,265 74%591,193 154,415,831 For Nine Month Period of October 1, 2020 - June 30, 2021 GENERAL FUND THIRD QUARTER REVIEW 7 2020/21 Variance %2020/21 MY Amended Third Qtr.YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget WATER & SEWER FUND Water & Sewer Revenues: Charges for Service 93,969,645 71,833,273 22,136,372 76%- 93,969,645 Judgments, Fines and Forfeits 271,000 272,822 (1,822) 101%- 271,000 Miscellaneous 1,835,000 1,070,815 764,185 58%- 1,835,000 Transfers In - 123,367 (123,367) ~- - Fund Equity 6,213,835 - 6,213,835 0%- 6,213,835 Total Revenues 102,289,480 73,300,276 28,989,204 72%- 102,289,480 Water & Sewer Expenditures: Public Utilities Administration 1,703,374 1,172,388 530,986 69%- 1,703,374 Wastewater Collection 13,506,904 11,838,226 1,668,678 88%- 13,506,904 Public Utilities Maintenance 9,060,046 7,067,078 1,992,968 78%- 9,060,046 WPC / Plant Operations 33,737,721 25,182,094 8,555,627 75%- 33,737,721 WPC / Laboratory Operations 1,594,863 920,692 674,171 58%- 1,594,863 WPC / Industrial Pretreatment 1,042,918 576,345 466,573 55%- 1,042,918 Water Distribution 18,805,229 16,520,490 2,284,739 88%- 18,805,229 Water Supply 18,336,027 14,654,000 3,682,027 80%- 18,336,027 Reclaimed Water 4,502,398 3,674,537 827,861 82%- 4,502,398 Total Expenditures 102,289,480 81,605,850 20,683,630 80%- 102,289,480 Increase/ (Decrease)Amendment Description: Water and Sewer Fund Revenues:- Water and Sewer Fund Expenditures:- At third quarter, anticipated revenues of the Water and Sewer Fund equal anticipated expenditures for fiscal year 2020/21. No amendments are proposed to Water and Sewer Fund revenues at third quarter. Expenditures reflect 80%of total budget due to transfers to the capital fund which happen in the first period of the year. No amendments are proposed to Water and Sewer Fund expenditures at third quarter. For the Nine Month Period of October 1, 2020 to June 30, 2021 UTILITY FUNDS THIRD QUARTER REVIEW 8 2020/21 Variance %2020/21 MY Amended Third Qtr.YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the Nine Month Period of October 1, 2020 to June 30, 2021 UTILITY FUNDS THIRD QUARTER REVIEW STORMWATER FUND Stormwater Revenues: Charges for Service 16,910,500 12,821,261 4,089,239 76%- 16,910,500 Judgments, Fines and Forfeits 73,000 54,225 18,775 74%- 73,000 Miscellaneous 916,390 263,325 653,065 29%- 916,390 Transfers In - 45,245 (45,245) ~- - Fund Equity - - - ~- - Total Revenues 17,899,890 13,184,055 4,715,835 74%- 17,899,890 Stormwater Expenditures: Stormwater Management 10,647,663 9,847,206 800,457 92%- 10,647,663 Stormwater Maintenance 6,058,657 4,195,285 1,863,372 69%- 6,058,657 Total Expenditures 16,706,320 14,042,491 2,663,829 84%- 16,706,320 Increase/ (Decrease)Amendment Description: Stormwater Fund Revenues:- Stormwater Fund Expenditures:- No amendments are proposed to Stormwater Fund revenues at third quarter. Stormwater Fund expenditures reflect 84%of total budget due to transfers to the capital fund which happen in the first period of the year.No amendments are proposed to at third quarter. At third quarter, anticipated revenues of the Stormwater Fund exceed anticipated expenditures by $1,193,570 for fiscal year 2020/21. 9 2020/21 Variance %2020/21 MY Amended Third Qtr.YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the Nine Month Period of October 1, 2020 to June 30, 2021 UTILITY FUNDS THIRD QUARTER REVIEW GAS FUND Gas Revenues: Charges for Service 47,003,340 33,319,975 13,683,365 71%(159,000) 46,844,340 Judgments, Fines and Forfeits 153,100 65,358 87,742 43%- 153,100 Miscellaneous 631,700 314,601 317,099 50%159,000 790,700 Transfers In 660 64,395 (63,735) 9757%- 660 Fund Equity - - - ~- - Total Revenues 47,788,800 33,764,329 14,024,471 71%- 47,788,800 Gas Expenditures: Administration & Supply 21,831,318 16,812,561 5,018,757 77%1,083,014 22,914,332 Pinellas Gas Operations 9,775,059 7,906,610 1,868,449 81%(16,477) 9,758,582 Pasco Gas Operations 6,709,495 5,208,952 1,500,543 78%(243,476) 6,466,019 Marketing & Sales 6,942,168 6,084,826 857,342 88%921,806 7,863,974 Total Expenditures 45,258,040 36,012,949 9,245,091 80%1,744,867 47,002,907 Increase/ (Decrease)Amendment Description: Gas Fund Revenues:- Gas Fund Expenditures:1,744,867 At third quarter, anticipated revenues of the Gas Fund exceed anticipated expenditures by $785,893 for fiscal year 2020/21. At third quarter,a amendments include transfer of funds between various revenue codes which net to zero. At third quarter,expenditure amendments reflect a net increase of $1,744,867.00.Amendments include:1)a transfer of $1,184,867.00 to the General Fund for additional Gas Fund dividends;2)a transfer of $560,000.00 to capital project 96387,Natural Gas Vehicle Station,approved by Council June 17,2021;and 3)and amendments which net to zero reflecting the transfer of funds between various cost centers. 10 2020/21 Variance %2020/21 MY Amended Third Qtr.YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the Nine Month Period of October 1, 2020 to June 30, 2021 UTILITY FUNDS THIRD QUARTER REVIEW SOLID WASTE AND RECYCLING FUND Solid Waste Revenues: Other Permits and Fees 1,000 1,356 (356) 136%- 1,000 Charges for Service 23,660,000 19,283,856 4,376,144 82%- 23,660,000 Judgments, Fines and Forfeits 95,000 74,117 20,883 78%- 95,000 Miscellaneous 725,000 527,440 197,560 73%- 725,000 Transfers In - 63,562 (63,562) ~669 669 Solid Waste Revenues 24,481,000 19,950,331 4,530,669 81%669 24,481,669 Recycling Revenues: Other Permits and Fees 350 288 63 82%- 350 Intergovernmental - - - ~- - Charges for Service 2,430,000 1,943,973 486,027 80%- 2,430,000 Judgments, Fines and Forfeits 8,000 7,092 908 89%- 8,000 Miscellaneous 211,000 249,763 (38,763) 118%- 211,000 Transfers In - - - ~132 132 Recycling Revenues 2,649,350 2,201,115 448,235 83%132 2,649,482 - Fund Equity - - ~- - Total Revenues 27,130,350 22,151,446 4,978,904 82%801 27,131,151 Solid Waste Expenditures: Collection 17,853,129 12,165,269 5,687,860 68%504 17,853,633 Transfer 2,354,091 1,367,868 986,223 58%66 2,354,157 Container Maintenance 944,923 704,676 240,247 75%54 944,977 Administration 1,036,817 801,383 235,434 77%45 1,036,862 Solid Waste Expenditures 22,188,960 15,039,196 7,149,764 68%669 22,189,629 Recycling Expenditures: Residential 1,401,597 954,791 446,806 68%60 1,401,657 Multi-Family 460,267 344,396 115,871 75%18 460,285 Commercial 1,652,106 1,096,490 555,616 66%54 1,652,160 Recycling Expenditures 3,513,970 2,395,677 1,118,293 68%132 3,514,102 Total Expenditures 25,702,930 17,434,873 8,268,057 68%801 25,703,731 Increase/ (Decrease)Amendment Description: Solid Waste and Recycling Fund Revenues:801 Solid Waste and Recycling Fund Expenditures:801 At third quarter,revenues reflect an increase of $801.00 to transfer-in revenue to recognize safety award funding from the Central Insurance Fund. Amendments to expenditures include an increase of $801.00 to employee recognition for receipt of the 3rd quarter FY21 safety award. At third quarter, anticipated revenues of the Solid Waste and Recycling Fund exceed anticipated expenditures by $1,427,420 for fiscal year 2020/21. 11 2020/21 Third Qtr.Variance %2020/21 MY Amended Year to Date YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget MARINE FUND Marine Revenues: Intergovernmental - - - ~- - Charges for Service 5,133,210 4,160,121 973,089 81%- 5,133,210 Judgments, Fines and Forfeits 6,000 400 5,600 7%- 6,000 Miscellaneous Revenue 138,000 91,030 46,970 66%- 138,000 Transfers In - 31,850 (31,850) ~10,000 10,000 Fund Equity - - - ~- - Total Revenues 5,277,210 4,283,402 993,808 81%10,000 5,287,210 Marine Expenditures: Marina Operations 5,119,120 3,908,359 1,210,761 76%150,000 5,269,120 Total Expenditures 5,119,120 3,908,359 1,210,761 76%150,000 5,269,120 Increase/ (Decrease)Amendment Description: Marine Fund Revenues:10,000 Marine Fund Expenditures:150,000 At third quarter, anticipated revenues of the Marine Fund exceed anticipated expenditures by $18,090 for fiscal year 2020/21. Amendments to revenues reflect a transfer of $10,000 from General Fund revenues to provide funding as outlined in the Water Taxi Operating Agreement second renewal,approved by City Council on 11/15/2018. Amendments to expenditures reflect an increase of $150,000.00 transferred to capital project C1905,Beach Marina Upgrades.This increase in expenditures is offset by budgeted revenues. For The Nine Month Period of October 1, 2019 - June 30, 2020 ENTERPRISE FUNDS THIRD QUARTER REVIEW 12 2020/21 Third Qtr.Variance %2020/21 MY Amended Year to Date YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For The Nine Month Period of October 1, 2019 - June 30, 2020 ENTERPRISE FUNDS THIRD QUARTER REVIEW CLEARWATER HARBOR MARINA FUND Clearwater Harbor Marina Revenues: Intergovernmental - - - ~- - Charges for Service 872,870 659,168 213,702 76%- 872,870 Judgments, Fines and Forfeits 1,600 350 1,250 22%- 1,600 Miscellaneous Revenue 47,500 21,546 25,954 45%- 47,500 Transfers In - - - ~- - Fund Equity - - - ~- - Total Revenues 921,970 681,063 240,907 74%- 921,970 Clearwater Harbor Marina Expenditures Clearwater Harbor Marina Operations 866,930 641,830 225,100 74%- 866,930 Total Expenditures 866,930 641,830 225,100 74%- 866,930 Increase/ (Decrease)Amendment Description: Clearwater Harbor Marina Fund Revenues:- Clearwater Harbor Marina Fund Expenditures:- No amendments are proposed to Clearwater Harbor Marina Fund revenues at third quarter. No amendments are proposed to Clearwater Harbor Marina Fund expenditure at third quarter. At third quarter, anticipated revenues of the Clearwater Harbor Marina Fund exceed anticipated expenditures by $55,040 for fiscal year 2020/21. 13 2020/21 Third Qtr.Variance %2020/21 MY Amended Year to Date YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For The Nine Month Period of October 1, 2019 - June 30, 2020 ENTERPRISE FUNDS THIRD QUARTER REVIEW AIRPARK FUND Airpark Revenues: Intergovernmental - - - ~- - Charges for Service 18,500 10,635 7,865 57%- 18,500 Miscellaneous Revenue 329,360 235,638 93,722 72%- 329,360 Transfers In - - - ~- - Fund Equity 20,000 - 20,000 0%- 20,000 Total Revenues 367,860 246,273 121,587 67%- 367,860 Airpark Expenditures:- Airpark Operations 360,770 268,967 91,803 75%- 360,770 Total Expenditures 360,770 268,967 91,803 75%- 360,770 Increase/ (Decrease)Amendment Description: Airpark Fund Revenues:- Airpark Fund Expenditures:- At third quarter, anticipated revenues of the Airpark Fund exceed anticipated expenditures by $7,090 for fiscal year 2020/21. No amendments are proposed to Airpark Fund revenues at third quarter. No amendments are proposed to Airpark Fund expenditures at third quarter. 14 2020/21 Third Qtr.Variance %2020/21 MY Amended Year to Date YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For The Nine Month Period of October 1, 2019 - June 30, 2020 ENTERPRISE FUNDS THIRD QUARTER REVIEW PARKING FUND Parking Revenues: Charges for Service 6,230,560 7,012,211 (781,651) 113%2,500,000 8,730,560 Judgments, Fines and Forfeits 800,000 713,364 86,636 89%- 800,000 Miscellaneous Revenue 300,000 93,167 206,833 31%- 300,000 Transfers In 203 31,836 (31,633) 15683%- 203 Fund Equity - - - ~- - Total Revenues 7,330,763 7,850,579 (519,816) 107%2,500,000 9,830,763 Parking Expenditures Engineering/Parking System 4,552,380 3,511,986 1,040,394 77%240,000 4,792,380 Engineering/Parking Enforcement 800,000 529,238 270,762 66%- 800,000 Fire Dept/Beach Guards 971,123 733,654 237,469 76%- 971,123 Seminole Street Boat Ramp 132,840 71,343 61,497 54%- 132,840 Total Expenditures 6,456,343 4,846,220 1,610,123 75%240,000 6,696,343 Increase/ (Decrease)Amendment Description: Parking Fund Revenues:2,500,000 Parking Fund Expenditures:240,000 At third quarter,Parking Fund revenues are increased by $2,500,000,this will bring the budget in line with anticipated revenues for the year. At third quarter,expenditure amendments reflect a net increase of $240,000.00.Amendments include:1)an increase of $120,000.00 to contractual services to fund additional costs due to increased usage of Park Mobile system;2)an increase of $120,000.00 to other charges reflecting increase in credit card processing fees due to increased usage of cashless Park Mobile kiosks. At third quarter, anticipated revenues of the Parking Fund exceed anticipated expenditures by $3,134,420 for fiscal year 2020/21. 15 2020/21 Variance %2020/21 MY Amended Third Quarter YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget GENERAL SERVICES FUND General Services Revenues: Charges for Service 6,009,230 4,586,548 1,422,682 76%- 6,009,230 Miscellaneous Revenues 185,000 74,906 110,094 40%- 185,000 Transfers In - - - ~- - Fund Equity - - - ~- - Total Revenues 6,194,230 4,661,454 1,532,776 75%- 6,194,230 General Services Expenditures: Administration 443,624 330,363 113,261 74%- 443,624 Building & Maintenance 5,718,756 3,578,764 2,139,992 63%- 5,718,756 Total Expenditures 6,162,380 3,909,127 2,253,253 63%- 6,162,380 Increase/ (Decrease)Amendment Description: General Services Fund Revenues:- General Services Fund Expenditures:- For the Nine Month Period of October 1, 2020 to June 30, 2021 INTERNAL SERVICE FUNDS THIRD QUARTER REVIEW At third quarter, anticipated revenues of the General Services Fund exceed anticipated expenditures by $31,850 for fiscal year 2020/21. No amendments are proposed to General Services Fund revenues at third quarter. No amendments are proposed to General Services Fund expenditures at third quarter. 16 2020/21 Variance %2020/21 MY Amended Third Quarter YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the Nine Month Period of October 1, 2020 to June 30, 2021 INTERNAL SERVICE FUNDS THIRD QUARTER REVIEW ADMINISTRATIVE SERVICES FUND Administrative Services Revenues: Charges for Service 13,125,520 9,721,547 3,403,973 74%- 13,125,520 Miscellaneous Revenues 180,000 60,027 119,973 33%- 180,000 Transfers In 210 210 - 100%- 210 Fund Equity - - - ~- - Total Revenues 13,305,730 9,781,783 3,523,947 74%- 13,305,730 Administrative Services Expenditures: Info Tech / Admin 408,939 303,037 105,902 74%- 408,939 Info Tech / Network Svcs 4,703,533 3,200,519 1,503,014 68%- 4,703,533 Info Tech / Software Applications 3,272,530 2,464,958 807,572 75%- 3,272,530 Info Tech / Telecommunications 862,372 536,341 326,031 62%- 862,372 Public Comm / Courier 191,636 76,666 114,970 40%- 191,636 Clearwater Customer Service 3,815,660 2,667,456 1,148,204 70%- 3,815,660 Total Expenditures 13,254,670 9,248,977 4,005,693 70%- 13,254,670 Increase/ (Decrease)Amendment Description: Administrative Services Fund Revenues:- Administrative Services Fund Expenditures:- At third quarter, anticipated revenues of the Administrative Services Fund exceed anticipated expenditures by $51,060 for fiscal year 2020/21. No amendments are proposed to Administrative Services Fund revenues at third quarter. No amendments are proposed to Administrative Services Fund expenditures at third quarter. 17 2020/21 Variance %2020/21 MY Amended Third Quarter YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the Nine Month Period of October 1, 2020 to June 30, 2021 INTERNAL SERVICE FUNDS THIRD QUARTER REVIEW GARAGE FUND Garage Fund Revenues Charges for Service 17,494,420 10,937,720 6,556,700 63%- 17,494,420 Miscellaneous Revenues 1,030,000 457,023 572,977 44%- 1,030,000 Transfers In - - - ~- - Fund Equity 391,770 - 391,770 0%- 391,770 Total Revenues 18,916,190 11,394,744 7,521,446 60%- 18,916,190 Garage Fund Expenditures: Fleet Maintenance 17,760,211 11,593,471 6,166,740 65%- 17,760,211 Radio Communications 1,155,979 757,253 398,726 66%- 1,155,979 Total Expenditures 18,916,190 12,350,724 6,565,466 65%- 18,916,190 Increase/ (Decrease)Amendment Description: Garage Fund Revenues:- Garage Fund Expenditures:- At third quarter, anticipated revenues of the Garage Fund equal anticipated expenditures for fiscal year 2020/21. No amendments are proposed to Garage Fund revenues at third quarter. No amendments are proposed to Garage Fund expenditures at third quarter. 18 2020/21 Variance %2020/21 MY Amended Third Quarter YTD Actual vs.YTD vs.Proposed 3 Qtr Amended Budget Actual Adopted Bud Budget Amendment Budget For the Nine Month Period of October 1, 2020 to June 30, 2021 INTERNAL SERVICE FUNDS THIRD QUARTER REVIEW CENTRAL INSURANCE FUND Central Insurance Revenues: Charges for Service 23,271,960 19,074,621 4,197,339 82%3,062,740 26,334,700 Miscellaneous Revenues 900,000 897,785 2,215 100%135,000 1,035,000 Transfers In - - - ~- - Fund Equity 1,886,270 - 1,886,270 0%1,215,000 3,101,270 Total Revenues 26,058,230 19,972,407 6,085,823 77%4,412,740 30,470,970 Central Insurance Expenditures: Finance / Risk Management 426,898 228,562 198,336 54%- 426,898 HR / Employee Benefits 426,370 185,566 240,804 44%- 426,370 HR / Employee Health Clinic 1,702,340 1,083,350 618,990 64%- 1,702,340 Non-Departmental 23,502,622 21,710,789 1,791,833 92%4,412,740 27,915,362 Total Expenditures 26,058,230 23,208,267 2,849,963 89%4,412,740 30,470,970 Increase/ (Decrease)Amendment Description: Central Insurance Fund Revenues:4,412,740 Central Insurance Fund Expenditures:4,412,740 At third quarter,revenue amendments reflect a net increase of $4,412,740.00.Amendments include an increase of $3,062,740.00 to dependent and retiree health insurance contributions;a decrease of $620,000 to interest earnings; increases totaling $755,000 to insurance recovery revenues; and an increase of $1,215,000 to the use of reserves to balance expenditure increases noted below. At third quarter,expenditure amendments reflect a net increase of $4,412,740.00.Amendments include an increase of $3,062,740.00 to medical insurance claims,which is offset by dependent and retiree health insurance contributions; increases totaling $950,000.00 to liability and workers compensation claims;and an increase of $400,000.00 to liability insurance premiums. At third quarter, anticipated revenues of the Central Insurance Fund equal anticipated expenditures for fiscal year 2020/21. 19 CAPITAL IMPROVEMENT PROGRAM Third Quarter Summary FY 2020/21 20 The amended 2020/21 Capital Improvement Program budget report is submitted for the City Council's third quarter review. The proposed amendment is a net budget increase in the amount of $38,577,718. This review provides the opportunity to examine the status of all active projects and present formal amendments to the project budgets. Fiscally significant budget increases encompassed within this review are as follows: The City Council did not previously approve the following capital improvement budget activity:  Imagine Clearwater – an increase of $37,020,000 to provide total project budget needed.  Carpenter Field Repair/Improve - a budget increase of $150,000 of General Fund revenue.  BayCare Ballpark Repair/Improve – a budget increase of $123,000 of General Fund revenue.  Fencing Replacement Program - a budget increase of $95,000 of General Fund revenue.  Crest Lake Park Improvement - a budget increase of $115,532 in General Fund revenue.  Beach Marina Upgrade - a budget increase of $150,000 of Marine Fund revenue.  Garage – Off Cycle Replacements - a budget decrease of $89,465 of insurance claims proceeds which is now being accounted for in Special Program fund.  Greenprint Implementation – to establish the project and record a budget increase of $300,000 of General Fund revenue.  Pinellas New Mains / Serv Lines – a budget increase of $20,712 in property owners share revenue to bring the budget in line with actual receipts.  Gas System – Pinellas Building – a budget increase $100,000 in Gas Fund revenue. This will correct a budget decrease from mid year that should have been transferred. All significant budget increases that have been previously approved by the City Council are listed below: Project Council Budget Increase Approval  Natural Gas Vehicle $ 560,000 06/17/21 Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment Police Equipment Replacement 1 P1802 16,046 To record a budget increase of $16,045.97 transferred in from the special program fund recognizing excess General Fund revenues in 181-99241,Human Trafficking Overtime which is complete.16,046 Imagine Clearwater 2 ENGF180013 37,020,000 * To record a budget increase of $37,020,000.00 representing advanced funding of future penny proceeds of $28,500,000.00 and $8,520,000.00 in revenue yet to be determined.37,020,000 Carpenter Field-Infras Rep/Imprv 3 93203 150,000 To record a budget increase of $150,000.00 of General Fund revenue.150,000 Baycare Ballpark Infrast Rep/Improv 4 93205 123,000 To record a budget increase of $123,000.00 of General Fund revenue.123,000 Morningside Rec Ctr Replacement - CLOSE PROJECT 5 93251 (8,120) To record a budget transfer of $8,119.60 of General Fund revenue to project 93637,Playground &Fitness Purchase & Replacement. This project will be closed.(8,120) Swimming Pool R&R 6 93271 136,000 To record a budget transfer of $136,000.00 of General Fund revenue from project 93635,Park Amenity Purchase and Replacement,as approved by City Council on June 17, 2021.136,000 Long Center Infra Repairs 7 93278 47,532 To record a budget transfer of $15,000.00 of General Fund revenue from project 93654,Recreation Centers Infrastructure Repair,and to record a budget transfer of $32,531.90 of General Fund revenue from project 93654, Recreation Center Infrastructure Repairs,as approved by the City Council on June 17, 2021.47,532 Boardwalks & Docks Rep & Rplcmnt 8 93604 100,000 To record a budget transfer of $100,000.00 of General Fund revenue from project 93673,Jack Russell Stadium Improvements.100,000 CAPITAL IMPROVEMENT PROGRAM Third Quarter Amendments FY 2020/21 21 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT PROGRAM Third Quarter Amendments FY 2020/21 Park Amenity Purch & Rplcmnt 9 93635 6,000 (136,000) To record a budget increase of $6,000.00 of donation revenues and a budget transfer of $136,000.00 of General Fund revenue to project 93271,Swimming Pool R&R,as approved by City Council on June 17, 2021.(130,000) Playground & Fitness Purch & Rplc 10 93637 9,600 To record a budget transfer of $8,119.60 of General Fund revenue from project 93251,Morning Recreation Center Replacement,and to record a budget transfer of $1,480.14 of General Fund revenue from project 93648,Moccasin Lake Park Master Plan.9,600 Fencing Replacement Program 11 93638 95,000 To record a budget increase of $95,000.00 of General Fund revenue.95,000 Phillip-Jones Restroom/Concession 12 93642 50,000 To record a budget transfer of $34,483.71 of General Fund revenue from project 93673,Jack Russell Stadium Improvements,and a budget transfer of $15,516.29 of infrastructure sales tax (Penny)revenue from project 93652, Countryside Complex Rest/Concession.50,000 Moccasin Lake Park Master Plan - CLOSE PROJECT 13 93648 (1,480) To record a budget transfer of $1,480.14 of General Fund revenue to project 93637,Playground &Fitness Purch & Rplc. This project will be closed.(1,480) Crest Lake Park Improvement 14 93650 115,532 To record a budget increase of $115,532.00 of General Fund revenue to fund the purchase of park maintenance equipment.115,532 Countryside Complex Rest/Conces - CLOSE PROJECT 15 93652 (15,516) To record a budget transfer of $15,516.29 of infrastructure sales tax (Penny)revenue to project 93642,Phillip-Jones Rest/Concession. This project will be closed.(15,516) 22 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT PROGRAM Third Quarter Amendments FY 2020/21 Recreation Centers Infras Repairs 16 93654 (47,532) To record a budget transfer of $15,000.00 of General Fund revenue to project 93278,Long Center Infrastructure Repairs,and to record a budget transfer of $32,531.90 of General Fund revenue to project 93278,Long Center Infrastructure &Repairs,as approved by the City Council on June 17, 2021.(47,532) Jack Russell Stadium Improvements 17 93673 (134,484) To record a budget transfer of $34,483.71 of General Fund revenue to project 93642,Phillip-Jones Rest/Concession and a budget transfer of $100,000.00 of General Fund revenue to project 93604,Boardwalk &Dock Repair & Replacement.(134,484) Ed Wright Park Renovations 18 C2002 (150,000) To record a budget transfer of $150,000.00 of infrastructure sales tax (Penny)revenue to project M1915, Belmont Park Revitalization,as approved by the City Council on August 5, 2021.(150,000) Belmont Park Revitalization 19 M1915 150,000 To record a budget transfer of $150,000.00 of infrastructure sales tax (Penny)revenue from project C2002,Ed Wright Park Renovations,as approved by the City Council on August 5, 2021.150,000 Beach Marina Upgrade 20 C1905 150,000 To record a budget increase of $150,000.00 of marina fund revenues.150,000 Garage - Off Cycle Replacements 21 L1911 (89,465) To record budget decrease of $89,465.12 in insurance claims proceeds which is now being accounted for in special program fund.(89,465) Greenprint Implementation - NEW PROJECT 22 C2106 300,000 To establish the project and record a budget increase of $300,000.00 of General Fund revenue.300,000 Line Relocation - Pasco Maint 23 96376 548 * To record a budget increase of $547.60 in property owners share revenue.This will bring the project budget in line with revenues received.548 23 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT PROGRAM Third Quarter Amendments FY 2020/21 Pinellas New Mains / Serv Lines 24 96377 20,712 * To record a budget increase of $20,712.35 in property owners share revenue.This will bring the project budget in line with revenues received.20,712 Gas System - Pinellas Building 25 96384 100,000 * To record a budget increase of $100,000.00 in gas fund revenue.This will correct a budget decrease from mid year that should have been transferred.100,000 Expanded Energy Conservation 26 96386 10,345 * To record a budget increase of $10,345.41 in property owner share revenues to bring the project budget in line with revenues received.10,345 Natural Gas Vehicle 27 96387 560,000 To record a budget transfer of $560,000.00 of gas fund revenue, as approved by City Council on June 17, 2021.560,000 38,577,718 - - 38,577,718 Gas System - Pinellas Building 96384 100,000 To record a transfer of $100,000.00 in gas fund revenue to project 92842,City Wayfinding as approved by Council May 20, 2021. TOTAL INTERFUND TRANSFERS:100,000 TOTAL INTERFUND TRANSFERS 24 * indicates budget amendment only CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY THIRD QUARTER: October 1, 2020 to June 30, 2021 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/20 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Police Protection P1802 Police Equipment Replacement 499,698 533,140 16,046 549,186 464,186 49,884 35,116 1 P1803 Command Bus Refurbishment 200,000 200,000 - 200,000 - 116,235 83,765 P1902 Police Information Systems 400,000 400,000 - 400,000 357,945 - 42,055 P2102 Training Range Sound Mitigation - 820,000 - 820,000 20,365 781,146 18,489 PD00180001 Police District 3 Station 12,500,000 13,050,000 - 13,050,000 925,401 11,351,570 773,029 Sub-Total 13,599,698 15,003,140 16,046 15,019,186 1,767,897 12,298,835 952,454 Fire Protection 91218 Fire Engine Replacement 4,174,786 4,164,216 - 4,164,216 2,791,668 1,334,223 38,326 91221 EMS Capital Equipment 1,165,710 1,031,480 - 1,031,480 1,031,480 - (0) C 91229 Replace & Upgrade Airpacks 1,146,680 1,146,680 - 1,146,680 849,291 39,368 258,021 91236 Rescue Vehicle 312,500 312,500 - 312,500 230,452 45,478 36,570 91244 Aerial Truck 3,068,781 3,218,514 - 3,218,514 2,653,479 - 565,034 91257 AED Program 265,230 265,230 - 265,230 171,449 - 93,781 91260 Thermal Imaging Cameras 280,270 280,270 - 280,270 148,954 - 131,316 91261 Personal Protection Equip 2,364,250 2,364,250 - 2,364,250 2,001,085 - 363,165 91262 SCBA Upgrade - Fill Station 125,000 125,000 - 125,000 82,366 - 42,634 91263 Extrication Tools 177,000 177,000 - 177,000 125,708 - 51,292 91264 Fire Hose Replacement 501,010 501,010 - 501,010 301,045 - 199,965 91271 Fire Boat 1,008,363 1,008,363 - 1,008,363 619,808 74,363 314,192 FD00190001 Fire Station 46 - Beach 6,372,693 6,372,693 - 6,372,693 524,271 716,312 5,132,110 FD00190002 Fire Station 47 Replacement 4,839,441 4,839,441 - 4,839,441 979,688 325,659 3,534,094 M2005 Fire Training Tower 200,286 200,286 - 200,286 52,987 - 147,299 ENGF190002 Beach Guard Tower 208,239 208,239 - 208,239 67,937 - 140,302 ENGF200002 Beach Guard Admin Building 30,000 50,000 - 50,000 37,283 - 12,717 Sub-Total 26,240,238 26,265,170 - 26,265,170 12,668,950 2,535,403 11,060,817 Major Street & Sidewalk Maintenance C2102 Fort Harrison Reconstruction - 5,026,766 - 5,026,766 - - 5,026,766 C2103 Downtown Streetscaping - 15,864,691 - 15,864,691 114,559 14,912,718 837,414 C2105 Mercado - Downtown Gateway - 500,000 - 500,000 - - 500,000 ENRD180002 Bridge Maintenance & Improve 7,802,997 7,802,997 - 7,802,997 801,953 104,844 6,896,201 ENRD180003 Traffic Calming 2,055,031 2,055,031 - 2,055,031 395,044 - 1,659,987 ENRD180004 Streets and Sidewalks 17,482,744 17,482,744 - 17,482,744 9,354,422 2,737,798 5,390,524 ENGF180001 Downtown Streetscaping 6,735,405 1,644,610 - 1,644,610 1,634,488 10,123 0 C ENGF200001 Redesign Fort Harrison/Myrtle 2,000,000 - - - - - - C Sub-Total 36,076,177 50,376,840 - 50,376,840 12,300,466 17,765,482 20,310,892 Intersections ENRD180005 City-Wide Intersection Improve 2,510,540 2,510,540 - 2,510,540 866,266 - 1,644,274 ENRD180006 Traffic Signals 1,144,434 1,144,534 - 1,144,534 660,834 178,567 305,133 ENRD180007 Traffic Safety Infrastructure 1,209,265 1,209,265 - 1,209,265 656,997 137,764 414,504 Sub-Total 4,864,239 4,864,339 - 4,864,339 2,184,097 316,331 2,363,911 Parking ENPK180001 Parking Lot Resurfacing 708,476 708,476 - 708,476 31,609 - 676,867 ENPK180002 Parking Lot Improvements 1,778,802 1,778,802 - 1,778,802 570,502 - 1,208,300 ENPK180003 Parking Facilities 1,985,348 1,985,348 - 1,985,348 813,784 187,835 983,730 Sub-Total 4,472,627 4,472,627 - 4,472,627 1,415,895 187,835 2,868,897 Miscellaneous Engineering 92842 City Wayfinding Project 1,450,000 2,050,000 - 2,050,000 241,284 970,377 838,339 C2004 Lift Stations - General Gov 2,000,000 1,450,000 - 1,450,000 176,245 14,538 1,259,217 ENGF180002 Downtown Intermodal 924,756 924,756 - 924,756 - - 924,756 ENGF180003 Miscellaneous Engineering 309,146 309,146 - 309,146 85,347 - 223,800 ENGF180004 Survey Equipment Replacement 27,288 27,288 - 27,288 - - 27,288 ENGF180013 Imagine Clearwater 16,241,322 47,641,322 37,020,000 84,661,322 10,593,954 14,421,674 59,645,694 2 ENGF200003 Memorial Causeway Bridge Lighting 1,600,000 200,000 - 200,000 152,656 - 47,344 Sub-Total 22,552,513 52,602,513 37,020,000 89,622,513 11,249,485 15,406,589 62,966,439 25 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY THIRD QUARTER: October 1, 2020 to June 30, 2021 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/20 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Park Development 93133 Park Land Acquisition 1,331,351 1,627,351 - 1,627,351 1,623,963 - 3,388 93203 Carpenter Field-Infras Rep/Imprv 682,817 682,817 150,000 832,817 624,819 4,707 203,291 3 93205 Baycare Ballpark Infrast Rep/Improv 3,532,272 3,532,272 123,000 3,655,272 3,475,360 44,914 134,998 4 93247 Fitness Equipment Replacement 520,000 520,000 - 520,000 434,088 14,949 70,963 93251 Morningside Rec Ctr Replacement 7,189,000 7,320,652 (8,120) 7,312,532 7,312,532 - 0 C 5 93271 Swimming Pool R&R 1,406,876 1,406,876 136,000 1,542,876 1,090,228 3,950 448,698 6 93272 Bicycle Paths-Bridges 5,495,232 5,420,232 - 5,420,232 3,971,105 32,740 1,416,387 93278 Long Center Infra Repairs 2,233,283 2,233,283 47,532 2,280,815 2,097,307 22,995 160,514 7 93286 Parking Lot/Bike Path Rsr/Imprv 951,618 951,618 951,618 610,327 - 341,291 93602 Sp Events Equip Rep & Rplcmnt 360,000 360,000 - 360,000 323,389 - 36,611 93604 Brdwlks & Docks Rep & Rplcmnt 665,000 665,000 100,000 765,000 601,727 62,280 100,994 8 93612 McMullen Tennis Complex 878,103 867,467 - 867,467 867,467 - - C 93618 Miscellaneous Park & Rec Contract 475,000 635,000 - 635,000 492,459 35,969 106,572 93620 Sports Field Lighting 725,362 725,362 - 725,362 257,673 39,304 428,386 93633 Pier 60 Pk & Bchwlk Rep & Improv 1,339,377 1,339,377 - 1,339,377 1,034,212 32,783 272,382 93634 Concrete Sidewalk & Pad Repair 428,176 428,176 - 428,176 288,162 - 140,014 93635 Park Amenity Purch & Rplcmnt 1,377,800 1,265,210 (130,000) 1,135,210 902,181 53,017 180,012 9 93636 Tennis Court Resurfacing 900,310 900,311 - 900,311 801,277 330 98,703 93637 Playground & Fitness Purch & Rplc 1,198,599 1,198,599 9,600 1,208,198 939,509 186,988 81,701 10 93638 Fencing Replacement Program 984,664 984,664 95,000 1,079,664 747,686 - 331,978 11 93642 Phillip-Jones Restroom/Concess 507,944 507,944 50,000 557,944 272,663 9,025 276,255 12 93646 Rest Rm Expan-Barefoot Bch House 520,950 520,950 - 520,950 513,892 750 6,308 93648 Moccasin Lake Park Master Plan 1,182,432 1,205,657 (1,480) 1,204,177 1,204,177 - - C 13 93650 Crest Lake Park Improvement 7,500,000 7,575,000 115,532 7,690,532 7,321,691 191,027 177,815 14 93652 Countryside Complex Restroom/Conces 4,099,500 4,104,500 (15,516) 4,088,984 4,088,984 - - C 15 93654 Recreation Centers Infras Repairs 670,000 670,000 (47,532) 622,468 387,034 42,295 193,140 16 93667 Del Oro Park Renovations 450,000 450,000 - 450,000 1,543 - 448,457 93668 Showmaster Portable Stage 200,000 142,743 - 142,743 142,743 - - C 93672 Clw Bch Infrast Repairs & Improve 397,690 397,690 - 397,690 361,368 - 36,323 93673 Jack Russell Stadium Improve 1,289,066 1,289,066 (134,484) 1,154,582 1,051,529 - 103,053 17 A1901 Miscellaneous Minor Public Art 112,785 177,079 - 177,079 60,625 - 116,454 C1902 Long Center Parking Improve 550,000 550,000 - 550,000 4,400 491,959 53,641 C1903 Phillies Entrance Sign 150,000 150,000 - 150,000 - - 150,000 C1904 Ruth Eckerd Hall 8,500,000 8,500,000 - 8,500,000 7,000,000 - 1,500,000 C2001 Athletic Flds & Fac Reno/Improve 7,500,000 7,500,000 - 7,500,000 - - 7,500,000 C2002 Ed Wright Park Renovations 750,000 750,000 (150,000) 600,000 - - 600,000 18 L1901 P&R Vehicle and Equip Additions 440,210 440,210 - 440,210 420,093 - 20,117 M1901 Countryside Sports Complex Reno 150,000 - - - - - - C M1915 Belmont Park Revitalization 382,909 477,909 150,000 627,909 19,300 5,865 602,744 19 M2002 Environ Park Remediate & Protect 100,000 100,000 - 100,000 - - 100,000 M2006 Right of Way Tree Mgt Prog 500,000 500,000 - 500,000 56,686 - 443,314 ENGF180007 Phillip Jones Park Renovations 224,726 224,726 - 224,726 51,704 10,994 162,028 Sub-Total 68,853,052 69,297,741 489,532 69,787,273 51,453,902 1,286,840 17,046,531 Marine Facilities 93410 Clwr Harbor Marina Maint R&R 310,000 322,500 - 322,500 312,811 - 9,689 93415 Waterway Maintenance 600,000 600,000 - 600,000 447,032 31,340 121,628 93418 Utilities Services Replacement 462,714 462,714 - 462,714 170,456 - 292,258 93420 Fuel System R & R 182,752 182,752 - 182,752 148,003 - 34,749 93422 Dredging of City Waterways 1,146,204 1,146,204 - 1,146,204 483,487 - 662,717 93499 Pier 60/Sailing Center Maint 541,952 541,952 - 541,952 330,123 13,400 198,428 C1905 Beach Marina Upgrade 1,000,000 1,000,000 150,000 1,150,000 7,821 - 1,142,179 20 C1906 Clw Harbor Marina Repl & Up 306,000 306,000 - 306,000 59,630 87,450 158,919 ENGF180006 City-wide Docks and Seawall 2,286,739 2,286,739 - 2,286,739 1,294,552 - 992,188 ENGF180014 Seminole Boat Launch Improve 6,752,000 6,752,000 - 6,752,000 4,224,621 48,315 2,479,065 M1902 Marine Fac Maint Dock R&R 414,970 414,970 - 414,970 278,064 - 136,906 M2102 Seminole Boat Launch Maint 10,000 215,125 - 215,125 - 18,948 196,177 Sub-Total 14,013,331 14,230,956 150,000 14,380,956 7,756,601 199,453 6,424,902 26 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY THIRD QUARTER: October 1, 2020 to June 30, 2021 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/20 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Airpark 94817 Airpark Maintenance & Repair 269,000 313,976 - 313,976 248,359 - 65,618 94886 Clw Airpark Masterplan Update 110,000 109,325 - 109,325 109,325 - - C 94894 Ground Support Equip Upgrade 100,000 54,560 - 54,560 54,560 - - C G1901 Replace Hangar C 1,205,000 1,305,000 - 1,305,000 354,701 833,802 116,497 G1908 Clw Airpark FDOT Security Grant 80,000 71,232 - 71,232 71,232 - - C G2009 Ground Support Equip Replace 19,467 19,467 - 19,467 19,467 - - C G2012 Clw Airpark Vehicle Replace 32,018 32,018 - 32,018 30,673 - 1,345 G2108 Security System Upgrade 150,000 150,000 - 150,000 66,434 7,169 76,397 Sub-Total 1,965,485 2,055,578 - 2,055,578 954,750 840,971 259,856 Libraries 93527 Books & Other Lib Materials 7,696,601 7,696,601 - 7,696,601 7,606,733 37,157 52,711 93530 Consolidated Eastside/SPC Libr 6,250,000 5,430,000 - 5,430,000 5,300,608 - 129,392 93532 Libr Maker Space Maint. & Up 282,560 282,560 - 282,560 199,945 - 82,615 93534 Library FF&E Repair & Replace 395,000 395,000 - 395,000 135,963 2,950 256,087 93535 Countryside Library Demolition 75,000 75,000 - 75,000 - - 75,000 94861 Library Technology 1,500,000 1,500,000 - 1,500,000 1,309,926 10,317 179,757 Sub-Total 16,199,161 15,379,161 - 15,379,161 14,553,175 50,424 775,562 Garage 94233 Motorized Equip-Cash 2,279,456 2,283,245 - 2,283,245 2,222,453 - 60,792 94238 Police Vehicles 2,502,032 2,502,032 - 2,502,032 2,377,239 72,618 52,175 94246 Fleet Management & Mapping 710,000 710,000 - 710,000 529,007 - 180,993 94627 Misc Budgetary Vehicle Addition 191,617 183,449 - 183,449 183,449 - - C C1901 Beach Radio Tower 852,370 852,370 - 852,370 - - 852,370 GSFL180001 Fleet Facility R&R 569,520 569,520 - 569,520 49,479 1,141 518,900 L1910 Motorized Equip Replace - LP 13,935,127 13,635,127 - 13,635,127 10,274,352 1,797,740 1,563,034 L1911 Garage - Off Cycle Replacements 235,227 589,465 (89,465) 500,000 205,544 112,981 181,475 21 M2010 P25 Radio Equipment & Infrast 543,104 543,104 - 543,104 - - 543,104 Sub-Total 21,818,453 21,868,312 (89,465) 21,778,847 15,841,523 1,984,480 3,952,844 Maintenance of Buildings C1907 City Hall Hardening 100,000 25,000 - 25,000 25,000 - - C C1909 City Hall Move 383,085 380,165 - 380,165 380,165 - - C ENGF180012 Public Works Complex 1,615,664 1,615,664 - 1,615,664 1,926 - 1,613,738 GSBM180001 Air Cond Replace-City Wide 1,354,436 1,354,436 - 1,354,436 812,086 12,000 530,350 GSBM180002 Flooring for Facilities 1,302,837 1,302,837 - 1,302,837 762,259 2,594 537,984 GSBM180003 Roof Repair and Replacement 1,945,409 1,954,213 - 1,954,213 1,141,618 2,956 809,639 GSBM180004 Painting of Facilities 692,923 692,923 - 692,923 158,091 41,784 493,048 GSBM180005 Fencing of Facilities 158,170 158,170 - 158,170 73,199 - 84,970 GSBM180006 Light Replacement & Repair 578,197 578,197 - 578,197 312,726 - 265,470 GSBM180007 Elevator Refurbish/Modern 660,576 660,576 - 660,576 11,118 - 649,458 GSBM180008 B&M Vehicle & Equipment 1,668,377 1,668,377 - 1,668,377 781,068 1,522 885,788 GSBM180009 New A/C Chiller System 4,850,000 4,850,000 - 4,850,000 1,752,713 27,750 3,069,537 GSBM180010 General Services R&R 400,000 400,000 - 400,000 307,892 - 92,108 GSBM180011 Generator Maintenance 600,000 600,000 - 600,000 - - 600,000 GSBM180012 General Faci Bldg Major Reno 2,035,242 2,035,242 - 2,035,242 256,834 - 1,778,409 C2101 North Ward Preservation - 77,920 77,920 29,098 - 48,822 L1902 B&M Vehicle & Equipment 65,000 65,000 - 65,000 35,046 - 29,955 Sub-Total 18,409,916 18,418,720 - 18,418,720 6,840,840 88,606 11,489,274 27 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY THIRD QUARTER: October 1, 2020 to June 30, 2021 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/20 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Miscellaneous 94729 City-wide Connect Infra 4,223,089 4,223,089 - 4,223,089 3,725,400 - 497,690 94736 Geographic Information Sys 1,185,997 1,185,997 - 1,185,997 954,455 - 231,542 94828 Financial Systems Upgrades 4,108,165 4,108,165 - 4,108,165 2,682,407 163,249 1,262,510 94829 CIS Upgrades / Replacement 1,297,376 1,297,376 - 1,297,376 432,023 - 865,353 94830 MS Licensing / Upgrades 1,150,000 1,150,000 - 1,150,000 842,601 16,201 291,198 94833 Computer Monitors 419,828 419,828 - 419,828 392,266 - 27,562 94850 Backfile Conversion of Records 500,000 500,000 - 500,000 187,660 - 312,340 94857 Accela Permit & Code Enforce 350,000 350,000 - 350,000 274,479 - 75,521 94873 Citywide Camera System 310,000 310,000 - 310,000 221,664 - 88,336 94874 City Enterprise Timekeep Sys 335,000 335,000 - 335,000 202,802 5,620 126,578 94880 Granicus Agenda Mgt Sys 185,000 185,000 185,000 41,136 - 143,864 94883 Business Proc Review & Improve 750,000 750,000 750,000 311,925 369 437,706 94888 City EOC & Disaster Recovery Fac 3,360,000 3,360,000 3,360,000 3,133,537 40,196 186,267 C2006 ADA Transition Plan 600,000 600,000 600,000 97,185 - 502,815 C2007 Citywide Audio/Visual Solutions 190,053 190,053 190,053 - - 190,053 C2106 Greenprint Implementation - - 300,000 300,000 - - 300,000 22 ENGF180010 Pollutant Storage Tank 399,408 399,408 - 399,408 43,380 - 356,028 ENGF180011 Environmental Assmt & Clean-up 713,636 713,636 - 713,636 105,562 22,398 585,676 L1906 Telecommunications Upgrade 769,047 769,047 - 769,047 - - 769,047 L1907 IT Disaster Recovery 280,396 280,396 - 280,396 57,869 - 222,527 L1908 Network Infra & Server R&R 1,693,191 1,693,191 - 1,693,191 1,132,098 136,597 424,496 M1911 IT Disaster Recovery Equipment 125,000 125,000 - 125,000 - - 125,000 M1912 Network Infra & Server Upgrade 223,226 223,226 - 223,226 96,803 - 126,423 M1914 Sustainability Initiatives 200,000 200,000 200,000 47,740 3,970 148,290 M2007 City EOC Maintenance 75,000 75,000 75,000 - - 75,000 Sub-Total 23,443,412 23,443,412 300,000 23,743,412 14,982,993 388,600 8,371,820 UTILITIES Stormwater Utility ENST180001 Stormwater Pipe System Improve 11,816,127 11,816,127 - 11,816,127 2,736,373 3,090,585 5,989,169 ENST180002 Allen's Creek 2,816,271 2,816,271 - 2,816,271 2,509,926 2,287 304,058 ENST180003 Stormwater System Expansion 1,869,326 869,326 - 869,326 - - 869,326 ENST180004 Stevenson Creek 5,229,146 2,729,146 - 2,729,146 37,612 - 2,691,535 ENST180005 Coastal Basin 6,076,807 4,296,950 - 4,296,950 1,949,196 189,337 2,158,417 ENST180006 Alligator Creek Watershed 6,386,592 3,386,592 - 3,386,592 397,085 239,183 2,750,324 ENST180008 Hillcrest Bypass Culvert 4,096,167 4,096,167 - 4,096,167 3,611,508 - 484,658 ENST180010 Lower Spring Branch Improve 2,320,000 2,320,000 - 2,320,000 236,810 72,234 2,010,956 C1908 Stormwater Vehicles & Equip 3,675,500 3,675,500 - 3,675,500 3,192,934 38,472 444,094 Sub-Total 44,285,936 36,006,079 - 36,006,079 14,671,443 3,632,097 17,702,538 Water System 96721 System R & R - Maintenance 5,065,686 5,065,686 - 5,065,686 2,838,222 172,620 2,054,844 96722 Line Relocation - Maintenance 10,541,545 7,868,140 - 7,868,140 2,706,769 48,952 5,112,419 96739 Reclaimed Water Dist Sys 46,666,014 46,666,014 - 46,666,014 45,375,997 418,607 871,410 96742 Line Relocation-Capitalized 5,669,275 5,669,275 - 5,669,275 4,255,780 - 1,413,495 96744 System Expansion 3,473,043 3,473,043 - 3,473,043 3,146,118 - 326,925 96764 RO Plant Exp Res #1 15,869,527 15,869,527 - 15,869,527 13,159,771 - 2,709,756 96767 RO Plant at Res #2 43,095,439 43,095,439 - 43,095,439 41,721,004 948,343 426,093 96773 Groundwater Replenishm Fac 20,900,118 20,900,118 - 20,900,118 5,902,487 - 14,997,631 96782 RO Plant @WTP #3 1,599,594 1,599,594 - 1,599,594 343,596 7,229 1,248,769 96783 Water Sys Upgrades/Improve 7,803,600 7,803,600 - 7,803,600 1,125,336 420,962 6,257,302 96784 Reclaim Water Distrib Sys R&R 2,095,253 1,518,976 - 1,518,976 849,582 483,394 186,000 96785 Feasibility Studies/Evalu - Water 3,705,000 3,705,000 - 3,705,000 2,212,416 277,133 1,215,451 96786 Devices/Equipments - Water 600,000 600,000 - 600,000 - - 600,000 L1905 Vehicle & Equipment - Water 125,212 125,212 - 125,212 125,212 - - C M1908 RO Plant Exp Res #1 R&R 1,000,000 1,000,000 - 1,000,000 39,535 2,664 957,800 M1909 RO Plant at Res #2 R&R 1,050,000 1,050,000 - 1,050,000 65,927 1,588 982,485 M1910 Water Treatment Plant #3 R&R 448,851 448,851 - 448,851 1,427 1,588 445,836 M2103 Utilities Bldg & Maint - - - - - - - C Sub-Total 169,708,155 166,458,474 - 166,458,474 123,869,179 2,783,079 39,806,216 28 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY THIRD QUARTER: October 1, 2020 to June 30, 2021 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/20 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Sewer System 96212 Sanitary Sewer Upgrades/Impr 18,701,511 18,701,511 - 18,701,511 7,114,841 3,095,322 8,491,349 96213 Marshall Street Upgrades/Impr 11,644,299 11,644,299 - 11,644,299 4,085,767 5,816,294 1,742,238 96214 East Plant Upgrades/Improve 4,020,000 4,020,000 - 4,020,000 342,044 92,433 3,585,523 96215 N.E. Plant Upgrades/Improve 23,660,120 28,660,120 - 28,660,120 1,673,722 20,707,766 6,278,632 96216 Laboratory Upgrade/Improve 1,155,079 1,155,079 - 1,155,079 12,168 2,690 1,140,222 96217 Pump Station R&R 1,950,192 1,950,192 - 1,950,192 588,687 7,939 1,353,566 96630 Sanitary Sewer Extension 14,944,528 14,944,528 - 14,944,528 12,570,807 48,907 2,324,815 96634 Sanitary Sewer Relocation 5,356,666 4,385,542 - 4,385,542 3,506,320 72,713 806,509 96645 Laboratory Upgrade & R&R 1,146,761 1,146,761 - 1,146,761 1,126,761 - 20,000 96654 Facilities Upgrade & Improve 13,489,876 13,489,876 - 13,489,876 10,530,968 258,998 2,699,911 96664 Water Pollution Control R & R 31,066,864 26,066,864 - 26,066,864 17,374,391 1,067,746 7,624,727 96665 Sanitary Sewer R&R 47,513,458 47,213,458 - 47,213,458 33,779,543 8,398,381 5,035,534 96686 Pump Station Replacement 9,332,747 9,332,747 - 9,332,747 4,281,020 1,661,429 3,390,298 L1903 Generators - Sewer Fund 404,250 404,250 - 404,250 404,250 - - C L1904 Vehicle & Equip-Sewer 498,701 498,701 - 498,701 498,701 - - C M1905 Marshall Street Plant R&R 2,900,000 2,900,000 - 2,900,000 69,207 328,910 2,501,883 M1906 Northeast Plant R&R 1,219,313 1,219,313 - 1,219,313 471,311 169,934 578,068 M1907 East Plant R&R 3,320,000 3,320,000 - 3,320,000 235,866 51,050 3,033,084 M2008 Vehicle and Equip-Sewer 26,000 26,000 - 26,000 25,245 - 755 Sub-Total 192,350,365 191,079,241 - 191,079,241 98,691,618 41,780,510 50,607,113 Gas System 96358 Environmental Remediation 2,134,794 2,134,794 - 2,134,794 1,779,932 38,353 316,509 96365 Line Relocation-Pinellas Maint 781,106 781,106 - 781,106 551,258 - 229,848 96367 Gas Meter Change Out-Pinellas 4,113,000 4,113,000 - 4,113,000 4,020,126 - 92,874 96374 Line Relocation-Pinellas Capital 2,733,500 2,733,500 - 2,733,500 2,382,965 7,000 343,535 96376 Line Relocation - Pasco Maint 308,593 308,593 548 309,140 143,245 - 165,896 23 96377 Pinellas New Mains / Serv Lines 35,310,791 35,375,937 20,712 35,396,650 34,405,341 - 991,308 24 96378 Pasco New Mains / Serv Lines 22,876,741 22,886,980 - 22,886,980 21,280,427 66,406 1,540,147 96379 Pasco Gas Meter Change Out 1,142,821 1,142,821 - 1,142,821 829,312 - 313,509 96381 Line Reloc-Pasco-Capitalized 1,209,151 1,239,160 - 1,239,160 949,117 786 289,257 96382 Gas Inventory - Work Mgmt Sys 992,000 992,000 - 992,000 856,268 - 135,732 96384 Gas System - Pinellas Building 28,857,855 28,757,855 100,000 28,857,855 27,517,089 265,590 1,075,176 25 96385 Gas Main Extensions 1,807,845 1,807,845 - 1,807,845 1,496,595 - 311,250 96386 Expanded Energy Conservation 13,609,835 13,618,243 10,345 13,628,589 11,843,133 428 1,785,029 26 96387 Natural Gas Vehicle 6,724,584 6,724,584 560,000 7,284,584 4,677,771 109,536 2,497,277 27 96389 Future IMS Software & Hardware 950,000 950,000 - 950,000 354,293 - 595,707 96390 Gas Vehicle Additions 473,294 460,100 - 460,100 460,100 - (0) C 96391 Gas System Pasco Building 450,000 450,000 - 450,000 - - 450,000 M1904 Pinellas Building Equip R&R 600,000 600,000 - 600,000 - - 600,000 Sub-Total 125,075,908 125,076,518 691,605 125,768,123 113,546,971 488,098 11,733,054 Solid Waste & Recycling 96426 Facility R & R - 2,902,608 - 2,902,608 1,839,197 6,950 1,056,461 96443 Res Container Acquisition - 2,201,741 - 2,201,741 1,644,188 - 557,552 96444 Comm Container Acquisition 4,445,420 4,445,420 - 4,445,420 3,769,664 45 675,711 96445 Solar Trash & Recycling Kiosks 339,414 339,414 - 339,414 239,182 - 100,232 96448 Solid Waste CNG Station 150,000 150,000 - 150,000 - - 150,000 96449 Solid Waste Truck Wash Fac 555,500 555,500 - 555,500 - - 555,500 C2005/L2005 Underground Refuse Program 1,695,090 1,695,090 - 1,695,090 879,852 507,910 307,328 96804 Recycling Carts/Dumpsters 1,396,650 1,396,650 - 1,396,650 879,567 - 517,083 96805 Recycling Expan/Particip/R&R 1,331,525 1,331,525 - 1,331,525 1,213,802 - 117,723 96811 Purchase Transfer Tractors 408,000 395,983 - 395,983 395,983 - - C SR00180003 Processing Ctr Building Replace 3,862,633 3,862,633 - 3,862,633 4,396 - 3,858,237 SRTS180001 S.W.Transfer Station Rebuild 19,650,130 19,650,130 - 19,650,130 19,045,654 41,976 562,500 Sub-Total 33,834,361 38,926,693 - 38,926,693 29,911,486 556,881 8,458,327 Utility Miscellaneous 96523 Pub Utilities Adm Bldg R&R 556,703 556,703 - 556,703 436,694 - 120,009 96526 Public Utility Admin Building 904,306 904,306 - 904,306 - - 904,306 Sub-Total 1,461,009 1,461,009 - 1,461,009 436,694 - 1,024,315 TOTAL ALL PROJECTS 839,224,036 877,286,522 38,577,718 915,864,240 535,097,965 102,590,513 278,175,762 29 Special Program Fund Third Quarter Budget Amendments October 1, 2020 - June 30, 2021Increase/ Amdmt Program (Decrease)Intrafund Net BudgetNumberNumberAmountTransfer Amount Description Amendment General Government Programs Housing Consulting Services - CLOSE PROGRAM 1 99421 (65,666) To record a budget transfer of $65,666.40 in General Fund revenues to program M2105,ED Strategic Plan.This program will be closed. (65,666) American Rescue Plan Act Fund - NEW PROGRAM 2 G2109 11,241,947 To establish the program and record a budget increase of $11,241,946.50 in grant revenues from the American Rescue Plan Act, this will bring the budget in line with revenues received.11,241,947 General Government Totals:11,241,947 (65,666) 11,176,280 Public Safety Programs Foreclosure Registry - Nuisance Abatement 3 98609 3,900 To record a budget increase of $3,900.00 which represents foreclosure registry fees collected to date to bring the budget in line with actual receipts.3,900 Police Extra Duty 4 99215 270,484 To record a budget increase of $270,484.40 in police service revenue to bring the budget in line with actual receipts. 270,484 Police Education Fund 5 99317 7,474 To record a budget increase of $7,474.23 in police education fine revenue which will bring the budget in line with actual receipts.7,474 Investigative Costs Recovery 6 99329 59,765 To record a budget increase of $14,386.31 in grant revenues;an increase of $30,378.45 in fines,forfeitures and penalties revenue; and an increase of $15,000.00 transferred from the capital fund for asset transfer of former police boat. 59,765 Florida Contraband Forfeiture Fund 7 99330 32,918 (10,873) To record a budget increase of $32,918.14 in fines,forfeitures and penalties revenue which will bring the budget in line with actual receipts;and a transfer of $10,873.32 in fines,forfeitures,and penalties revenue to 99356, Safe Neighborhood Program.22,045 Vehicle Replacement Fund 8 99350 138,428 To record a budget increase of $138,427.79 in insurance claims revenue which will bring the budget in line with actual receipts.138,428 Safe Neighborhood Program 9 99356 10,873 To record a transfer $10,873.32 in fines,forfeitures,and penalties revenue from 99330, Florida Contraband Forfeiture Fund.10,873 30 Special Program Fund Third Quarter Budget Amendments October 1, 2020 - June 30, 2021Increase/ Amdmt Program (Decrease)Intrafund Net BudgetNumberNumberAmountTransfer Amount Description Amendment Public Safety Programs (continued) Crime Prevention Program 10 99364 25,000 To record a budget increase of $25,000.00 in donation revenues. This will bring the budget in line with actual receipts.25,000 Federal Forfeiture Sharing 11 99387 11,342 To record an increase of $10,891.58 in grant revenues from the US Department of Justice,and $450.00 in miscellaneous revenues which will bring the budget in line with actual receipts.11,342 School Resource Officers 12 P1801 20,157 To record a budget increase of $20,157.37 in reimbursement revenue from the Pinellas County School Board for SRO extra duty in fiscal year 2020/21.This will bring the budget in line with revenues received.20,157 Pedestrian/Bicycle Safety Grant 2022 - NEW PROGRAM 13 G2110 21,455 To establish the program and record a budget increase of $21,455.01 in grant revenues from the University of North Florida to fund the fiscal year 2021/22 Pedestrian and Bicycle Safety Grant as approved by Council on August 19, 2021.21,455 Public Safety Program Totals:590,923 - 590,923 Physical Environment Programs Tree Replacement Program 14 99970 25,296 To record a budget increase of $25,296.00 in fines,forfeiture and penalties revenue to bring the budget in line with actual receipts.25,296 Physical Environment Programs Program: Totals:25,296 - 25,296 Economic Environment Programs Public Facilities 2020 15 G2004 (30,000) To record a budget transfer of $30,000.00 in Community Development Block Grant revenues to G2201,Public Facilities 2022. (30,000) Program Administration 2020 - CLOSE PROGRAM 16 G2006 (87,219) To record a budget transfer of $87,219.03 in Community Development Block Grant (CDBG)revenue to G2201,Public Facilities 2022. (87,219) 31 Special Program Fund Third Quarter Budget Amendments October 1, 2020 - June 30, 2021Increase/ Amdmt Program (Decrease)Intrafund Net BudgetNumberNumberAmountTransfer Amount Description Amendment Economic Environment Programs (Continued) Public Services 2020 - CLOSE PROGRAM 17 G2008 (10,219) To record a budget transfer of $10,219.28 in Community Development Block Grant (CDBG)revenue to G2201,Public Facilities 2022. (10,219) CDBG-CV Fund 18 G2010 66,778 To record a budget increase of $66,778.00 in CDBG program income revenue from the NSP3 closeout.66,778 Public Facilities 2021 19 G2101 1,500 (60,460) To record a budget transfer of $60,460.00 in Community Development Block Grant (CDBG)revenue to G2201,Public Facilities 2022;and an increase of $1,500.00 in CDBG program income revenue from the NSP3 closeout.(58,960) Economic Development 2021 20 G2102 (136,464) To record a budget transfer of $136,464.00 in Community Development Block Grant (CDBG)revenue to G2202,Economic Development 2022.(136,464) Infill Housing 2021 - CLOSE PROGRAM 21 G2104 (86,154) To record a budget transfer of $86,154.00 in Community Development Bock Grant (CDBG)revenue to G2204,Infill Housing 2022.(86,154) Public Services 2021 22 G2105 19,382 To record a budget increase of $19,381.66 in CDBG program income revenue from the NSP3 closeout.19,382 ED Strategic Plan - NEW PROGRAM 23 M2105 65,666 To record a budget transfer of $65,666.40 in General Fund revenues from 99421, Housing Consulting Services.65,666 Public Facilities 2022 - NEW PROGRAM 24 G2201 187,898 To record budget transfers in Community Development Bock Grant (CDBG)revenues of $30,000.00 from G2004,Public Facilities 2020;$87,219.03 from G2006,Program Administration 2020;$10,219.28 from G2008,Public Services 2020;and $60,460 from G2101, Public Facilities 2021.187,898 Economic Development 2022 - NEW PROGRAM 25 G2202 136,464 To record a budget transfer of $136,464.00 in Community Development Bock Grant (CDBG)revenue from G2102,Economic Development 2021.136,464 32 Special Program Fund Third Quarter Budget Amendments October 1, 2020 - June 30, 2021Increase/ Amdmt Program (Decrease)Intrafund Net BudgetNumberNumberAmountTransfer Amount Description Amendment Economic Environment Programs (Continued) Infill Housing 2022 - NEW PROGRAM 26 G2204 86,154 To record a budget transfer of $86,154.00 in Community Development Bock Grant (CDBG)revenue from G2104,Infill Housing 2021.86,154 Economic Environment Program Totals:87,660 65,666 153,326 Human Services Programs Next Steps to Better Nutrition 27 98601 (1,000) To record a budget decrease of $1,000.00 in grant revenue from the National Council on Aging.This will bring the budget in line with revenues received.(1,000) Human Services Program: Totals:(1,000) - (1,000.00) Culture and Recreation Programs Library Special Account 28 99910 125 To record a budget increase of $125.00 in donation revenue to bring the budget in line with actual receipts.125 Culture and Recreation Program Total:125 - 125 11,944,950 (0) 11,944,950 Interfund Transfers Human Trafficking Overtime - CLOSE PROGRAM 99241 16,046 To record a transfer of $16,045.97 of unspent General Fund revenues to capital project P1802, Police Equipment Replacement. Total Interfund Transfers:16,046 Total Budget Increase/(Decrease): 33 SPECIAL PROGRAM STATUS SUMMARY THIRD QUARTER REVIEW: October 1, 2020 to June 30, 2021 Actual Expenditures Budget Amended Revised Project Open Available Amend Description Budget Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref GENERAL GOVERNMENT PROGRAMS 99421 Housing Consulting Service 115,000 115,000 (65,666) 49,334 49,334 - 0 C 1 99857 Stimulus - Elctrnc Plan Submittal & Rev 289,000 289,000 - 289,000 149,927 - 139,073 99868 Federal Early Retiree Reinsurance 651,500 651,500 - 651,500 559,222 - 92,279 99925 Peg Access Support 838,261 838,261 - 838,261 836,917 - 1,344 99928 Nagano Sister City Program 304,139 304,139 - 304,139 172,446 7,500 124,193 M1913 Lien Foreclosure Program 549,868 725,984 - 725,984 330,560 - 395,424 M2101 Planning Studies Fund 300,000 475,000 - 475,000 13,261 238,324 223,415 G2109 American Rescue Plan Act Fund - - 11,241,947 11,241,947 - - 11,241,947 2 Sub-Total 3,047,767 3,398,884 11,176,280 14,575,164 2,111,666 245,824 12,217,674 PUBLIC SAFETY PROGRAMS 98609 Foreclosure Registry-Nuisance Abtmnt 130,500 149,800 3,900 153,700 22,163 - 131,538 3 98610 Hurricane Irma 2,615,206 3,506,686 - 3,506,686 2,706,118 - 800,567 99215 Police Extra Duty 4,076,616 4,654,055 270,484 4,924,539 4,658,776 2,547 263,216 4 99241 Human Trafficking Overtime 87,000 87,000 - 87,000 87,000 - - C 99279 Police Recruitments 201,010 201,010 - 201,010 81,031 650 119,329 99281 Fed Forfeitures - Treasury 196,150 167,234 - 167,234 120,171 - 47,064 99316 Police Volunteers 153,519 158,519 - 158,519 144,562 - 13,957 99317 Police Education Fund 1,391,780 1,407,382 7,474 1,414,856 1,304,567 - 110,288 5 99329 Investigative Recovery Costs 2,601,962 2,736,249 59,765 2,796,014 2,466,431 - 329,583 6 99330 FL Contraband Forfeiture Fund 1,062,172 999,444 22,045 1,021,489 757,538 - 263,951 7 99350 Vehicle Replacement Fund 467,022 523,104 138,428 661,532 291,766 39,386 330,380 8 99356 Safe Neighborhood Program 1,341,846 1,341,846 10,873 1,352,719 1,252,720 100,000 9 99364 Crime Prevention Program 204,374 215,574 25,000 240,574 167,391 - 73,184 10 99387 Federal Forfeiture Sharing 2,423,290 2,451,541 11,342 2,462,883 1,834,172 37,435 591,276 11 99927 Emergency Operations 4,118,821 4,328,870 - 4,328,870 3,102,345 133,660 1,092,865 99982 EMS Incentive/Recognition 69,700 69,700 - 69,700 41,088 - 28,612 G2003 2020 HVE Ped & Bicycle Safety 80,000 49,380 - 49,380 49,380 - - C G2106 2021 HVE Ped & Bicycle Safety - 56,882 - 56,882 56,882 - - C P1801 School Resource Officers 1,070,735 1,650,637 20,157 1,670,795 1,441,728 - 229,066 12 D2001 COVID-19 Prep & Response 200,000 1,980,740 - 1,980,740 590,533 - 1,390,207 P2001 Police Boat Replacement 181,526 181,526 - 181,526 181,526 - - C P2002 Police Body Worn Camera Program 616,957 686,253 - 686,253 639,331 1,005 45,917 P2101 Mental Health Co-Responder Team - 143,200 - 143,200 - - 143,200 G2110 Pedestrian/Bicycle Safety Grant 2022 - - 21,455 21,455 - - 21,455 13 Sub-Total 23,290,186 27,746,631 590,923 28,337,554 21,997,218 214,683 6,125,653 PHYSICAL ENVIRONMENT PROGRAMS 99970 Tree Replacement Program 1,919,579 1,931,010 25,296 1,956,306 965,855 9,034 981,417 14 Sub-Total 1,919,579 1,931,010 25,296 1,956,306 965,855 9,034 981,417 ECONOMIC ENVIRONMENT PROGRAMS 99729 Joint Hercules Pln & Econ Study 150,000 - - - - - - C 99764 Public Facilities 2018 443,768 443,768 - 443,768 344,915 98,853 - 99802 Brownfield Revolving Loan 1,216,732 1,216,732 - 1,216,732 420,381 - 796,351 99846 Economic Development - QTI 166,879 166,879 - 166,879 71,591 - 95,288 99871 State Brownfields Redevelopment Acct 165,463 165,463 - 165,463 165,463 - 0 C G1902 Public Facilities 2019 319,253 319,253 - 319,253 233,920 85,333 - G1905 Infill Housing 2019 162,359 162,359 - 162,359 162,359 - 0 G2004 Public Facilities 2020 230,345 135,345 (30,000) 105,345 40,180 64,661 504 15 G2005 Economic Development 2020 60,000 51,575 - 51,575 51,575 - - C G2006 Program Administration 2020 261,309 246,335 (87,219) 159,116 159,116 - - C 16 G2008 Public Services 2020 114,603 114,603 (10,219) 104,384 104,384 - - C 17 G2010 CDBG-CV Fund 623,592 1,482,560 66,778 1,549,338 139,430 42,079 1,367,829 18 G2011 Back to Business Grant Program 3,550,000 3,550,000 - 3,550,000 1,427,498 - 2,122,502 G2101 Public Facilities 2021 456,251 551,251 (58,960) 492,291 1,500 386,291 104,500 19 G2102 Economic Development 2021 228,039 236,464 (136,464) 100,000 19,700 80,300 - 20 G2103 Program Administration 2021 167,472 182,446 - 182,446 138,575 15,000 28,871 G2104 Infill Housing 2021 86,154 86,154 (86,154) - - - - C 21 G2105 Public Services 2021 136,104 136,104 19,382 155,486 44,384 91,721 19,382 22 M2009 Afford Housing & Comm Development 290,853 290,853 - 290,853 13,962 53 276,838 34 SPECIAL PROGRAM STATUS SUMMARY THIRD QUARTER REVIEW: October 1, 2020 to June 30, 2021 Actual Expenditures Budget Amended Revised Project Open Available Amend Description Budget Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref ECONOMIC ENVIRONMENT PROGRAMS (CONTINUED) M2105 ED Stragegic Plan - - 65,666 65,666 - - 65,666 23 G2201 Public Facilities 2022 - - 187,898 187,898 - - 187,898 24 G2202 Economic Development 2022 - - 136,464 136,464 - - 136,464 25 G2204 Infill Housing 2022 - - 86,154 86,154 - - 86,154 26 Sub-Total 8,829,177 9,538,145 153,326 9,691,471 3,538,932 864,291 5,288,248 HUMAN SERVICES PROGRAMS 98601 Next Steps to Better Nutrition 10,000 10,000 (1,000) 9,000 6,574 - 2,426 27 98607 Senior Citizens Services - Trips 14,000 14,000 - 14,000 10,858 - 3,142 99562 HUD Special Education 30,000 30,000 - 30,000 27,600 - 2,400 99844 United Way 15,080 15,080 - 15,080 11,645 - 3,435 99869 Health Prevention Program 195,269 190,269 - 190,269 176,019 4,115 10,136 99872 Coordinated Child Care - Ross Norton 3,171,577 2,423,266 - 2,423,266 2,423,266 - 0 C G2107 JWB Youth Programming - 802,228 - 802,228 285,555 10,650 506,023 Sub-Total 3,435,926 3,484,843 (1,000) 3,483,843 2,941,517 14,765 527,561 CULTURE AND RECREATION PROGRAMS 98608 Clark-Turner Trust (Library)106,077 106,077 - 106,077 - - 106,077 99910 Library Special Account 890,399 890,400 125 890,525 859,568 - 30,957 28 G1907 Clearwater for Youth Grants 18,000 30,000 - 30,000 13,074 - 16,926 PRSE190001 Special Events 2,561,950 2,565,227 - 2,565,227 2,326,867 15,707 222,654 Sub-Total 3,576,426 3,591,704 125 3,591,829 3,199,509 15,707 376,614 TOTAL ALL PROJECTS 44,099,061 49,691,217 11,944,950 61,636,168 34,754,696 1,364,304 25,517,167 35 City of Clearwater SPECIAL DEVELOPMENT FUND Third Quarter FY 2020/21 Increase/ (Decrease)Description Revenues Ad Valorem Taxes 56,127 An increase in ad valorem taxes to bring the budget in line with actual receipts for the year. Sales Tax Infrastructure 1,000,000 An increase in sales tax infrastructure revenues to bring the budget in line with anticipated receipts for the year. Open Space Fees 230,650 An increase in open space fees to bring the budget in line with actual receipts for the year. Recreation Facility Impact Fees 22,887 An increase in recreation facility impact fees to bring the budget in line with actual receipts for the year. Recreation Land Impact Fees 416,523 An increase in recreation land impact fees to bring the budget in line with actual receipts for the year. Interest Earnings (245,000) A decrease in interest earnings to bring the budget in line with anticipated receipts for the year. Fee in Lieu of Sidewalks 14,442 An increase in fee in lieu of sidewalks to bring the budget in line with actual receipts for the year. Multi-Modal Impact Fees 425,000 An increase in Multi-Modal Impact Fees to bring the budget in line with actual receipts for the year. 1,920,629$ Net Revenue Amendments Expenditures No amendments are proposed to Special Development Fund expenditures at mid year. -$ Net Expenditure Amendments 36 SPECIAL REVENUE FUNDS Third Quarter: October 1, 2020 - June 30, 2021 Original First Quarter Mid Year Third Quarter Budget Amended Budget Amended Budget Amended Budget 2020/21 2020/21 2020/21 2020/21 Amendments Revenues: Ad Valorem Taxes 3,426,420 3,426,420 3,426,420 3,482,547 56,127 Infrastructure Tax 11,771,980 11,771,980 11,771,980 12,771,980 1,000,000 Interest Earnings 550,000 550,000 550,000 305,000 (245,000) Open Space Fees - - - 230,650 230,650 Recreation Facility Impact Fees - - - 22,887 22,887 Recreation Land Impact Fees - - - 416,523 416,523 Fee in Lieu of Sidewalks - - - 14,442 14,442 Multi-Modal Impact Fees 150,000 150,000 150,000 575,000 425,000 Local Option Gas Tax 1,500,000 1,500,000 1,500,000 1,500,000 - Allocation of Assigned Fund Balance 678,020 974,020 974,020 974,020 - 18,076,420 18,372,420 18,372,420 20,293,049 1,920,629 Expenditures: Transfer to Capital Improvement Fund - Road Millage 3,344,710 3,344,710 3,344,710 3,344,710 - Infrastructure Tax 12,450,000 12,450,000 12,450,000 12,450,000 - Recreation Facility Land Fees - 190,286 190,286 190,286 - Open Space Impact Fees - 105,714 105,714 105,714 - Multi-Modal Impact fees 140,000 140,000 140,000 140,000 - Local Option Gas Tax 1,427,150 1,427,150 1,427,150 1,427,150 - 17,361,860 17,657,860 17,657,860 17,657,860 - SPECIAL DEVELOPMENT FUND 37 SPECIAL REVENUE FUNDS Third Quarter: October 1, 2020 - June 30, 2021 Original First Quarter Mid Year Third Quarter Budget Amended Budget Amended Budget Amended Budget 2020/21 2020/21 2020/21 2020/21 Amendments Revenues: CDBG Program Income 837,360 837,360 837,360 925,020 87,660 Interest Earnings 100,000 100,000 100,000 100,000 - Intergovernmental Revenue - 2,660,962 4,315,755 15,623,592 11,307,837 Charges for Service Revenue - 311,855 632,856 907,241 274,384 Judgments, Fines and Forfeit Revenu - 272,262 410,126 506,193 96,067 Miscellaneous Revenue - 29,414 65,218 229,221 164,003 Transfers from General Fund:- 143,200 143,200 143,200 - Sister City Program 37,380 37,380 37,380 37,380 - Planning Study Fund 300,000 325,000 325,000 325,000 - United Way Campaign Fund 1,500 1,500 1,500 1,500 - Special Events 70,000 70,000 70,000 70,000 - Economic Development QTI 13,230 13,230 13,230 13,230 - Police Recruitments 30,000 30,000 30,000 30,000 - Police Body Worn Camera Program 270,794 270,794 270,794 270,794 - Transfers from Capital Fund - - - 15,000 15,000 1,660,264 5,102,956 7,252,420 19,197,370 11,944,950 Expenditures: General Government 337,380 455,756 688,496 11,864,776 11,176,280 Public Safety 300,794 2,368,290 4,757,239 5,348,163 590,923 Physical Environment - 5,479 11,431 36,727 25,296 Economic Environment 686,120 1,545,088 1,395,088 1,548,414 153,326 Human Services 1,500 390,595 50,417 49,417 (1,000) Culture and Recreation 70,000 73,278 85,278 85,403 125 Interfund Transfers 164,470 164,470 164,470 164,470 - Transfer to Capital Fund 30,000 30,000 30,000 30,000 - 1,590,264 5,032,956 7,182,420 19,127,370 11,944,950 Revenues: HOME Investment Partnerships 431,440 431,440 431,440 431,440 - State Housing Initiatives Partnership - - - - - Total - HOME/SHIP Funds 431,440 431,440 431,440 431,440 - Expenditures: Economic Environment 323,580 323,580 323,580 323,580 - Interfund Transfers 107,860 107,860 107,860 107,860 - Total - HOME/SHIP Programs 431,440 431,440 431,440 431,440 - SPECIAL PROGRAM FUND OTHER HOUSING ASSISTANCE FUNDS 38 ADMINISTRATIVE CHANGE ORDERS Third Quarter Review FY 2020/21 39 In accordance with City of Clearwater Code Section 2.564(2), the City Manager may approve and execute change orders without City Council approval within certain limitations. The following change orders have been administratively approved since the last report to the Council based on the code specified criteria: 1. Increases do not exceed 10% over Council approved amount on a cumulative basis. 2. Change does not change the scope of a project. 3. Price increases do not require additional appropriation to the project. 4. Contract price decreases may be approved without limitation. 5. The time for completion may not be extended by more than sixty (60) days, in any one change or cumulatively for the same project. ***** 06/18/21 Administrative Change Order #3 & Final – East WRF RDT Building Repair (18-0016-UT). This change order decreases and increases items in accordance with field conditions to close the contract resulting in a net decrease to the contract. Paramount Painting and Services, Inc. (14,862.81) 06/24/21 Administrative Change Order #3 – Clearwater Gas System Facility Redevelopment (15-0043-GA). This change order increases items in accordance with field conditions resulting in a net increase to the contract. Walbridge Aldinger, LLC 219,172.78 06/24/21 Administrative Change Order #1 & Final – North Garden Avenue Garage (18-0033-EN). This change order decreases and increases items in accordance with field conditions to close the contract resulting in a net decrease to the contract. Restocon Corp. (52,449.57) Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9506-21 2nd rdg Agenda Date: 10/7/2021 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.16 SUBJECT/RECOMMENDATION: Adopt Ordinance 9506-21 on second reading, vacating the East 6 feet of a platted 10 foot Drainage and Utility Easement, located along the West 10 fee of Lot 1, Rosetree Court, according to the plat thereof as recorded in Plat Book 79, Page 20, of the Public Records of Pinellas County, Florida. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/6/2021 [RE15-1313-080/274966/1] 1 Ord. No. 9506-21 ORDINANCE NO. 9506-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE EAST 6 FEET OF A PLATTED 10 FOOT DRAINAGE AND UTILITY EASEMENT, LOCATED ALONG THE WEST 10 FEET OF LOT 1, ROSETREE COURT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 79, PAGE 20, 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 drainage and utility easement; and WHEREAS, the Clearwater City Council finds that said drainage and 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 drainage and 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. [RE15-1313-080/274966/1] 2 Ord. No. 9506-21 Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING ________________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________ ________________________________ Frank Hibbard Mayor Approved as to form: Attest: ________________________________ ________________________________ Laura Mahony Rosemarie Call Senor Assistant City Attorney City Clerk EXHIBIT "A" NURSERY RD ROSETREE CT 1485 1478 1491 1484 1479 1490 24021497 1496 AERIAL MAP N.T.S.Scale: Document Path: C:\Users\Kieffer.Nyland\City of Clearwater\Engineering Geographic Technology - Location Maps\1496_Rosetree_Ct_EasementVacation.mxd Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Proposed Vacaton of the East 6' of a 10'Drainage & Utility Easement1496 Rosetree Ct. Page 1 of 1Aerial Flown 2019 Date:8/16/2021KNMap Gen By: EAST 6' OF A 10'D/U EASEMENT RBReviewed By:317BGrid #:19-26s-16eS-T-R: Existing Easements: Drainage/Utility Utility Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9737 Agenda Date: 10/7/2021 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 10.1 SUBJECT/RECOMMENDATION: Appoint two members to the Municipal Code Enforcement Board with terms to expire October 31, 2024 and appoint one member to fill the remainder of an unexpired term through October 31, 2022. SUMMARY: APPOINTMENT WORKSHEET BOARD: Municipal Code Enforcement Board TERM: 3 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: Whenever possible, this Board shall include an architect, engineer, businessperson, general contractor, sub-contractor & a realtor MEMBERS: 7 CHAIRPERSON: Nicole Bray MEETING DATES: 4th Wed., 1:30 p.m. Nov. and Dec. - TBA APPOINTMENTS NEEDED: 3 THE FOLLOWING ADVISORY BOARD MEMBERS HAVE TERMS WHICH WILL BE EXPIRING AND ONE MEMBER RECENTLY RESIGNED. THEY NOW REQUIRE EITHER REAPPOINTMENT OR REPLACEMENT BY A NEW APPOINTEE: 1. Nicole Bray - 1608 Harvard St., 33755 - Business Owner Original Appointment: 11/05/20 (currently filling an unexpired term to expire 10/31/21) Interest in Reappointment: YES (1 Absence in the past year) 2. KerryAnn Fuller Rainey - 1108 Woodley Rd., 33764 - Real Estate Consultant Original Appointment: 12/05/19 (currently filling an unexpired term to expire 10/31/21) Interest in Reappointment: YES (3 Absences in the past year) Page 1 City of Clearwater Printed on 10/6/2021 File Number: ID#21-9737 3. Steven G. Voras - 1101 Stevenson Ave., 33755 - Engineer Original Appointment: 8/5/21 (was appointed to fill unexpired term until 10/31/22) Resigned: 8/23/21 (Mr. Voras no longer wishes to serve on this board) THE NAMES BELOW ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: 1.Michael Bergeron - 216 Kilmer Ave., 33765 - Retired Firefighter/Lost Property Control Specialist 2.Sarah L. Davis - 1922 Atlantis Drive, 33763 - Self Employed/Signature Graphics and Printing 3.Duane Schultz - 2805 Chancery Ln., 33759 - Defense Contractor 4.James A. Staskiel - 1013 Eldorado Ave., 33767 - Retired Attorney/Construction Industry 5.Sheila Sullivan - 3043 Marlo Blvd., 33759 - Graduate Student 6.Robert (Bob) Kenne - 1469 Jacaranda Circle South, 33755 - General Contractor Zip codes of current members: 2 at 33755; 1 at 33756, 1 at 33764; 2 at 33767 Current Categories: 1 Business Owner 1 Civil Engineer 1 Production/Tour Manager 1 Real Estate Consultant 1 Real Estate Investor 1 RN, Artist, Business Owner Page 2 City of Clearwater Printed on 10/6/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9512-21 Agenda Date: 10/7/2021 Status: City Manager ReportVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.2 SUBJECT/RECOMMENDATION: Amend Section 8.05 of the City Charter to provide for Ranked Choice Voting for city council elections, provide for a referendum to be held at the general election on March 15, 2022, and pass Ordinance 9512-21 on first reading. SUMMARY: The City Council directed the City Attorney to draft an ordinance to amend the charter to allow for Ranked Choice Voting. Amending the charter to include Ranked Choice Voting ensures city officials are elected by a majority vote in an efficient and cost-effective process, fostering broad and diverse participation. Ranked Choice Voting (RCV) means a method of casting votes that stimulates the ballot counts which occurs when all voters participate in a series of runoff elections with one candidate eliminated after each round of counting. The RCV method of voting allows for voters to rank their candidates in order of preference. Ranked Choice Voting is not currently approved by the Secretary of State for use in Florida city elections. The proposed Charter amendments would become effective after approval of a majority of the city electors voting at the referendum election, the filing of the Amended Charter with the Secretary of State, and one year after state certification of a voting system capable of running a ranked choice election. The ordinance also calls for a referendum election to be held at the regular city election on March 15, 2022 for the consideration of the voters of the City of Clearwater. Page 1 City of Clearwater Printed on 10/6/2021 [GM21-0-002/276283/1] 1 9512-21 ORDINANCE NO. 9512-21 AN ORDINANCE OF THE CITY OF CLEARWATER FLORIDA, SUBMITTING TO THE CITY ELECTORS A PROPOSED AMENDMENT TO THE CITY CHARTER AMENDING SECTION 8.05 TO PROVIDE FOR RANKED CHOICE VOTING FOR CITY COUNCIL ELECTIONS; PROVIDING FOR A REFERENDUM ELECTION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council proposes to amend the charter to allow for Ranked Choice Voting. The purpose for this section is to describe the method by which all city councilmembers will be elected; and WHEREAS, amending the charter to include Ranked Choice Voting ensures city officials are elected by a majority vote in an efficient and cost-effective process, fostering broad and diverse participation; and WHEREAS, “Ranked Choice Voting” (RCV) means a method of casting votes that stimulates the ballot counts which occurs when all voters participate in a series of runoff elections with one candidate eliminated after each round of counting. The RCV method of voting allows for voters to rank their candidates in order of preference. WHEREAS, Ranked Choice Voting is not currently approved by the Secretary of State for use in Florida city elections; and WHEREAS, a referendum election will be called at the regular city election for the consideration of the voters of the City of Clearwater; now, therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA Section 1. The foregoing prefatory clauses are hereby fully incorporated herein as findings of the City Council. Section 2. It is hereby proposed that Section 8.05(a) of the City Charter be amended as follows:Section 8.05. - Elections. (a) Council positions. All members of the city council shall be elected at large. The candidate receiving the largest number of votes among the candidates for that seat shall be elected, until such time as Ranked Choice Voting (RCV) is able to be implemented under the necessary state approvals and regulations. RCV shall be conducted as follows: .(1). When two or more persons qualify as candidates for one of the seats on the city council, the qualifiers shall have their names placed on the ballot for the city election to be held on the second Tuesday in March. The [GM21-0-002/276283/1] 2 9512-21 initial round of counting shall be a count of the first choices marked on each ballot. (2) If no candidates receive the majority of first choices, there shall be a second round of counting where the candidate with the fewest number of votes shall be eliminated. At this time, all the continuing ballots shall be recounted. Each continuing ballot will be counted as one vote for that ballot’s highest ranked advancing candidate. (3) If no candidate receives a majority of votes of continuing ballots at the second round of counting there shall be a third round of counting. The candidate with the fewest number of votes shall be eliminated, and all the continuing ballots shall be recounted. Each continuing ballot shall be counted as one vote for that ballot's highest ranked advancing candidate. (4) The process of eliminating the candidates with the fewest number of votes and recounting all the continuing ballots shall continue until one candidate receives a majority of the votes of continuing ballots in a round. The candidate who receives a majority of the votes of continuing ballots in a round shall be deemed and declared to be elected. (5) When a ballot becomes an exhausted ballot it shall not be counted in that round or any subsequent round. (6) When only one (1) person qualifies as a candidate for a seat on the city council, the name of such person shall not appear on the ballot, and such person shall be declared elected and shall assume office at the same time and in the same manner as if elected in the regular city election. (b) Regular elections. Regular city elections shall be held on the second Tuesday in March of each year in which a council term expires. (c) Special elections. Special municipal elections may be called by the council at any time for such purposes as are authorized by law. (d) The Pinellas County Canvassing Board shall serve as the City of Clearwater's canvassing board, unless otherwise provided by ordinance. Section 3. A referendum election is hereby called and will be held on March 15, 2022, at the regularly scheduled City election for the consideration of the voters of the City of Clearwater for the proposed question. The question to appear on the referendum ballot shall be as follows: [GM21-0-002/276283/1] 3 9512-21 Implementation of Ranked Choice Voting for Election of City Council Shall City Charter Section 8.05(a) be amended as provided in Ordinance 9512-21 to provide for candidates for City Council to be elected by the Ranked Choice Voting method which provides for electors to rank candidates in order of preference and for the candidate with the fewest votes to be eliminated and the ballots to be recounted for the remaining candidates until one candidate remains with a majority of votes. Yes________ For amendment to City Charter No_________ Against amendment to City Charter Section 4. The City Clerk is directed to notify the Pinellas County Supervisor of Elections that the referendum item provided above shall be considered at the general election to be held on March 15, 2022. Section 5. This Ordinance shall take effect immediately upon adoption. The amendments to the City Charter provided for herein shall take effect after approval of a majority of the City electors voting at the referendum election on these issues and the filing of the Amended Charter with the Secretary of State, and one year after state certification of a voting system capable of running a ranked choice election. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ______________________________ Frank Hibbard, Mayor Approved as to form: Attest: __________________________ ______________________________ Pamela K. Akin, City Attorney Rosemarie Call, City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9756 Agenda Date: 10/7/2021 Status: Other CouncilVersion: 1 File Type: Council Discussion Item In Control: Council Work Session Agenda Number: 12.1 SUBJECT/RECOMMENDATION: PSTA/Forward Pinellas Update - Councilmember Allbritton SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/6/2021