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05/16/2022
Monday, May 16, 2022 9:00 AM City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Main Library - Council Chambers Council Work Session Work Session Agenda May 16, 2022Council Work Session Work Session Agenda 1. Call to Order 2. Finance Annual Comprehensive Financial Report for Fiscal Year 2021. (WSO)2.1 Designate an underwriting team consisting of BofA Securities, Inc.; J.P. Morgan Securities LLC; Raymond James and Associates; RBC Capital Markets, LLC; and Wells Fargo Securities, to provide investment banking services to manage future negotiated bond sales for the City of Clearwater and adopt Resolution 22-11. 2.2 3. Gas System Authorize a purchase order to Olameter DPG, LLC, of Wauwatosa, WI for natural gas distribution main and service line locating services, in an annual not-to-exceed amount of $790,000.00 for the initial term of May 1, 2022 through April 30, 2023, with the option of three, one-year renewal options, pursuant to Invitation to Bid # 08-22, and authorize the appropriate officials to execute same. (consent) 3.1 Accept a Gas Utility Easement from Belleview Biltmore Country Club Corp. for the construction, installation, and maintenance of gas utility facilities on real property located at 1 Country Club Ln, Belleair FL, 33756. 3.2 Approve an increase to Purchase Order 21000951 to Geosyntec Consultants, Inc. of Boca Raton, FL for supplemental site work and project management at the former manufactured gas plant (MGP) site located at 777 Maple St, Clearwater, FL in the amount of $72,400.00 for a new total of $138,300.00, pursuant to RFQ 26-19, Engineer of Record, and authorize the appropriate officials to execute same. (consent) 3.3 4. Parks and Recreation Approve the Selection Committee’s recommendation for the Venue Management Operator RFQ and authorize city staff to engage in negotiations with Global Spectrum, LP dba OVG360 of Philadelphia, PA for the purpose of establishing an operating agreement for the Imagine Clearwater Performance Amphitheater. (consent) 4.1 5. Police Department Page 2 City of Clearwater Printed on 5/13/2022 May 16, 2022Council Work Session Work Session Agenda Approve an Interlocal Agreement between City of Largo, City of Pinellas Park, City of St. Petersburg, City of Tarpon Springs, Pinellas County, Pinellas County Sheriff, and the City of Clearwater to establish the Pinellas Regional Information Management Enterprise (PRIME) for the purpose of implementing, operating, and maintaining a new unified Computer-Aided Dispatch and Records Management System for public safety entities in Pinellas County, and authorize the appropriate officials to execute same. (consent) 5.1 6. Planning Approve the annexation, initial Future Land Use Map designations of Residential Low (RL) and Water and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1827 Audubon Street and pass Ordinances 9540-22, 9541-22, and 9542-22 on first reading. (ANX2021-12019) 6.1 Approve a Future Land Use Map Amendment from the Residential/Office General (R/OG) category to the Commercial General (CG) category for a portion of property located at 1640 Gulf to Bay Boulevard and pass Ordinance 9554-22 on first reading. (LUP2022-01001) 6.2 Approve a Zoning Atlas Amendment from the Office (O) District to the Commercial (C) District for a portion of property located at 1640 Gulf to Bay Boulevard and pass Ordinance 9555-22 on first reading. (REZ2022-01001) 6.3 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 an unaddressed parcel on Otten Street and pass Ordinances 9567-22, 9568-22, and 9569-22 on first reading. (ANX2022-03005) 6.4 Continue to a date Uncertain: Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1272 Sedeeva Circle N. and pass Ordinances 9564-22, 9565-22, and 9566-22 on second reading. (ANX2021-06011) 6.5 7. Marine & Aviation Accept Florida Department of Transportation (FDOT) Grant Agreement Amendment (No. 438512-1-94-01) in the amount of $65,000 for the Clearwater Airpark Security System Upgrade Project and authorize the appropriate officials to execute same. (consent) 7.1 Page 3 City of Clearwater Printed on 5/13/2022 May 16, 2022Council Work Session Work Session Agenda Approve a proposal from J. Kokolakis Contracting, Inc. of Tarpon Springs, FL for construction of Clearwater Harbor Marina Wave Attenuator (22-0008-MA), at the Guaranteed Maximum Price (GMP) of $2,289,695.00 pursuant to RFQ 40-20, CMAR Continuing Contracts; approve Supplemental Work Order 2 to Erickson Consulting Engineers, Inc. of Sarasota, FL for Construction Engineering and Inspection Services (CEI) in an amount of $39,270.00 for a new total of $254,870.00 pursuant to RFQ 26-19, EOR Continuing Contracts, and authorize the appropriate officials to execute same. (consent) 7.2 8. Public Utilities Approve purchase orders to Hydranautics of Oceanside, CA, and Toray Membrane USA, Inc, of Poway, CA for the supply of reverse osmosis membranes in the cumulative annual not-to-exceed amount of $300,000.00 for an initial period of one year, with the option for two, one-year renewal options, pursuant to Invitation to Bid (ITB) 14-22, and authorize the appropriate officials to execute same. (consent) 8.1 Approve a contract to Tencarva Machinery CO LLC, dba Hudson Pump and 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 $400,000.00 for the term of May 20, 2022 through November 30, 2023, pursuant to Clearwater Code of Ordinances Section 2.563(1)(d), Non-competitive purchases (Impractical), and authorize the appropriate officials to execute same. (consent) 8.2 9. Solid Waste Authorize a one-year extension to the current purchase order with Jet Age Fuel, Inc. of Clearwater, FL, for the purchase of unleaded and diesel fuel; increase the purchase order by $500,000.00 bringing the total amount to $3,200,000.00 for term October 1, 2022, through September 30, 2023, pursuant to Invitation to Bid (ITB) 37-19; and authorize the appropriate officials to execute same. (consent) 9.1 10. Legal Request for authority to settle case of City of Clearwater v. Hunstein, et al., Case No. 21-005056-CI. (consent) 10.1 Request for authority to settle case of Dekker v. City of Clearwater, Case No. 19-2569-CI. (consent) 10.2 Page 4 City of Clearwater Printed on 5/13/2022 May 16, 2022Council Work Session Work Session Agenda Adopt Ordinance 9556-22 on second reading, amending the future land use element of the Comprehensive Plan of the city to change the land use designation for certain real property whose post office address is 609 Blanche B. Littlejohn Trail, Clearwater, Florida, 33755 from Institutional (I) to Residential Urban (RU). 10.3 Adopt Ordinance 9557-22 on second reading, amending the Zoning Atlas of the city by rezoning certain real property whose post office address is 609 Blanche B. Littlejohn Trail, Clearwater, Florida, 33755, from Institutional (I) to Low Medium Density Residential (LMDR). 10.4 Adopt Ordinance 9561-22 on second reading, annexing certain unaddressed real properties located on the east side of US Highway 19 North approximately 1,170 feet south of Sunset Point Road, all in Clearwater, Florida 33759 into the corporate boundaries of the city and redefining the boundary lines of the city to include said additions. 10.5 Adopt Ordinance 9562-22 on second reading, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain unaddressed real properties located on the east side of US Highway 19 North approximately 1,170 feet south of Sunset Point Road, all in Clearwater, Florida 33759, upon annexation into the City of Clearwater as US 19-Neighborhood Center (US19-NC). 10.6 Adopt Ordinance 9563-22 on second reading, amending the Zoning Atlas of the city by zoning certain unaddressed real properties located on the east side of US Highway 19 North approximately 1,170 feet south of Sunset Point Road, all in Clearwater, Florida 33759, upon annexation into the City of Clearwater, as US 19. 10.7 Adopt Ordinance 9571-22 on second reading, vacating the 10-foot wide platted utility easement located on Lots 9 and 10, Block X, Bay Terrace and Bay Terrace Addition, according to the map or plat thereof, as recorded in Plat Book 13, Page 22 of the public records of Pinellas County, Florida. 10.8 11. City Manager Verbal Reports Discuss future of Clearwater Gas System.11.1 12. City Attorney Verbal Reports 13. New Business (items not on the agenda may be brought up asking they be scheduled for subsequent meetings or work sessions in accordance with Rule 1, Paragraph 2). 14. Closing Comments by Mayor Page 5 City of Clearwater Printed on 5/13/2022 May 16, 2022Council Work Session Work Session Agenda 15. Adjourn 16. Presentation(s) for Council Meeting Red Cross Presentation - Dr. Ken Guidera - Board Member & Community Volunteer Liaison; Eric Corliss - Regional CEO with the American Red Cross 16.1 Older Americans Month 2022 Proclamation - Ann Marie Winter, Executive Director-Area Agency on Aging of Pasco & Pinellas, Inc. 16.2 EMS Week Proclamation - Anthony Tedesco, EMS Division Chief16.3 National Safe Boating Week Proclamation - May 21 - 28, 202216.4 National Public Works Week Proclamation - May 15-21, 2022 - Tara Kivett, Engineering Director 16.5 Page 6 City of Clearwater Printed on 5/13/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0442 Agenda Date: 5/16/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Finance Agenda Number: 2.1 SUBJECT/RECOMMENDATION: Annual Comprehensive Financial Report for Fiscal Year 2021. (WSO) SUMMARY: Presentation of fiscal year 2021 Annual Comprehensive Financial Report by external auditors. Page 1 City of Clearwater Printed on 5/13/2022 CITY OF CLEARWATER, FLORIDA ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2021 2020/2021 The Engineering and the Marine and Aviation departments celebrated the renovations to the Seminole Street Boat Ramp in 2020. This $6.5 million project in the North Marina District includes a new passive use park area, a new trail extension through the marina to the waterfront park, a new kayak launch area, improved vehicle and trailer parking, new landscaping, new LED lighting, new ADA- compliant restrooms, advanced stormwater treatment and drainage improvements, new floating transient day docks (coming in 2021), enhanced public walkways, additional public benches and a waterfront promenade.ON THE COVER Frank V. Hibbard Mayor David Allbritton Kathleen Beckman Mark Bunker Hoyt Hamilton Councilmember Councilmember Councilmember Councilmember Jon P. Jennings City Manager Brian Jay Ravins Finance Director Prepared by: City of Clearwater Finance Department City of Clearwater, Florida Annual Comprehensive Financial Report for Fiscal Year Ended September 30, 2021 i ii City of Clearwater, Florida Annual Comprehensive Financial Report For the Fiscal Year Ended September 30, 2021 TABLE OF CONTENTS INTRODUCTORY SECTION: Title Page and List of Elected and Appointed Officials .......................................................................................... i Letter of Transmittal ............................................................................................................................................... v Certificate of Achievement for Excellence in Financial Reporting ....................................................................... ix Organizational Chart .............................................................................................................................................. x FINANCIAL SECTION: Report of Independent Auditor .............................................................................................................................. 1 Management’s Discussion and Analysis ............................................................................................................... 5 Basic Financial Statements: Government-wide Financial Statements: Statement of Net Position ........................................................................................................................... 20 Statement of Activities ................................................................................................................................ 21 Fund Financial Statements: Balance Sheet – Governmental Funds ..................................................................................................... 22 Reconciliation of the Balance Sheet of Governmental Funds to the Statement of Net Position ............ 23 Statement of Revenues, Expenditures, and Changes in Fund Balances - Governmental Funds ......... 24 Reconciliation of the Statement of Revenues, Expenditures, and Changes in Fund Balances of Governmental Funds to the Statement of Activities .......................................................................... 25 Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual – General Fund ...................................................................................................... 26 Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual – Special Development Fund ................................................................................. 27 Statement of Net Position – Proprietary Funds ........................................................................................ 28 Statement of Revenues, Expenses, and Changes in Net Position – Proprietary Funds ........................ 32 Statement of Cash Flows – Proprietary Funds ......................................................................................... 36 Statement of Fiduciary Net Position – Fiduciary Funds ........................................................................... 40 Statement of Changes in Fiduciary Net Position - Fiduciary Funds ........................................................ 41 Notes to the Basic Financial Statements ...................................................................................................... 42 Required Supplemental Information -–Pension Trust Funds ........................................................................... 106 Required Supplemental Information – Other Postemployment Benefits ......................................................... 112 Combining and Individual Fund Statements and Schedule Combining Balance Sheet – Nonmajor Governmental Funds ................................................................... 116 Combining Statement of Revenues, Expenditures and Changes in Fund Balances - Nonmajor Governmental Funds ............................................................................................................... 118 Schedule of Revenues, Expenditures, and Changes in Fund Balance – Budget and Actual – Community Redevelopment Agency Special Revenue Fund ............................... 121 Combining Statement of Net Position – Nonmajor Enterprise Funds ........................................................ 124 Combining Statement of Revenues, Expenses, and Changes in Net Position - Nonmajor Enterprise Funds...................................................................................................................... 125 Combining Statement of Cash Flows – Nonmajor Enterprise Funds ........................................................ 126 Combining Statement of Net Position – Internal Service Funds ................................................................ 130 Combining Statement of Revenues, Expenses, and Changes in Net Position – Internal Service Funds .......................................................................................................................... 131 Combining Statement of Cash Flows – Internal Service Funds ................................................................ 132 Combining Statement of Fiduciary Net Position – Fiduciary Funds........................................................... 136 Combining Statement of Changes in Fiduciary Net Position – Fiduciary Funds ....................................... 137 iii City of Clearwater, Florida Annual Comprehensive Financial Report For the Fiscal Year Ended September 30, 2021 TABLE OF CONTENTS (Continued) STATISTICAL SECTION: Introduction ............................................................................................................................................ 139 Schedule 1 Net Position by Component .................................................................................................................. 141 Schedule 2 Changes in Net Position ....................................................................................................................... 142 Schedule 2a Program Revenues by Function/Program............................................................................................ 145 Schedule 3 Fund Balances of Governmental Funds .............................................................................................. 146 Schedule 4 Changes in Fund Balances of Governmental Funds ........................................................................... 147 Schedule 5 Assessed Value and Estimated Actual Value of Taxable Property ................................................... 148 Schedule 6 Direct and Overlapping Property Tax Rates ........................................................................................ 149 Schedule 7 Property Tax Levies and Collections .................................................................................................... 150 Schedule 8a Principal Real Property Taxpayers ....................................................................................................... 151 Schedule 8b Principal Personal Property Taxpayers ................................................................................................ 152 Schedule 9 Ratios of Outstanding Debt by Type .................................................................................................... 153 Schedule 10 Ratios of General Bonded Debt Outstanding ...................................................................................... 154 Schedule 11 Direct and Overlapping Governmental Activities Debt ........................................................................ 155 Schedule 12 Legal Debt Margin Information ............................................................................................................. 156 Schedule 13 Pledged-Revenue Coverage ................................................................................................................ 157 Schedule 14 Demographic and Economic Statistics ................................................................................................. 159 Schedule 15 Principal Employers .............................................................................................................................. 160 Schedule 16 Full-time Equivalent City Government Employees by Function/Program ........................................... 161 Schedule 17 Operating Indicators by Function/Program .......................................................................................... 162 Schedule 18 Capital Asset Statistics by Function/Program ...................................................................................... 163 OTHER INFORMATION: Continuing Disclosure – Gas System Revenue Refunding Bonds, Series 2013 and 2014 ........................................ 166 Continuing Disclosure – Water & Sewer Revenue Refunding Bonds Series 2011, 2017, 2017B and 2020 .............................................................................................................................................................. 171 Continuing Disclosure – Stormwater System Revenue Refunding Bonds, Series 2012 and 2013 ............................ 174 Fire Services Program ................................................................................................................................................... 175 Schedule of Receipts and Expenditures of Funds Related to the Deepwater Horizon Oil Spill ................................. 176 SINGLE AUDIT / GRANTS COMPLIANCE SECTION: Independent Auditors’ Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards ................................................................................................................................................ 179 Independent Auditors’ Report on Compliance for Each Major Program and on Internal Control over Compliance Required by the Uniform Guidance and Chapter 10.550, Rules of the Auditor General ............... 181 Schedule of Expenditures of Federal Awards and State Financial Assistance Projects ............................................ 183 Notes to Schedule of Expenditures of Federal Awards and State Financial Assistance Projects .............................. 185 Schedule of Findings and Questioned Costs ................................................................................................................ 187 Management Letter ........................................................................................................................................................ 189 Independent Accountants’ Report on Compliance with Section 215.415, Florida Statutes ........................................ 191 iv This Page Intentionally Left Blank Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting Presented to City of Clearwater Florida For its Annual Comprehensive Financial Report For the Fiscal Year Ended September 30, 2020 Executive Director/CEO ix Public Communications City Manager Official Records & Legislative Services CRA Operations City Council Utility Customer Service Solid Waste / General Services Library Citizens of Clearwater City Attorney Emergency Management Assistant City Manager Assistant City Manager Police Department Internal Audit Human Resources Public Utilities Gas System Information Technology Fire Department Marine & Aviation Engineering Planning & Development Parks & Recreation Economic Development & Housing Finance & Budget x Carr, Riggs & Ingram, LLC 600 Cleveland Street Suite 1000 Clearwater, FL 33755 727.446.0504 727.461.7384 (fax) CRIcpa.com REPORTOFINDEPENDENTAUDITOR TotheHonorableMayorandCityCouncilMembers CityofClearwater,Florida Wehaveauditedtheaccompanyingfinancialstatementsofthegovernmentalactivities,thebusinessͲtype activities,eachmajorfund,andtheaggregateremainingfundinformationoftheCityofClearwater,Florida(the “City”),asofandfortheyearendedSeptember30,2021,andtherelatednotestothefinancialstatements,which collectivelycomprisetheCity’sbasicfinancialstatementsaslistedinthetableofcontents.Wehavealsoaudited thefinancialstatementsofeachoftheCity’snonmajorgovernmentalfunds,nonmajorenterprisefunds,internal servicefundsandfiduciaryfundspresentedassupplementaryinformationintheaccompanyingcombiningand individualfundstatementsasofandfortheyearendedSeptember30,2021,aslistedinthetableofcontents. Management’sResponsibilityfortheFinancialStatements Managementisresponsibleforthepreparationandfairpresentationofthesefinancialstatementsinaccordance withaccountingprinciplesgenerallyacceptedintheUnitedStatesofAmerica;thisincludesthedesign, implementation,andmaintenanceofinternalcontrolrelevanttothepreparationandfairpresentationoffinancial statementsthatarefreefrommaterialmisstatement,whetherduetofraudorerror. Auditors’Responsibility Ourresponsibilityistoexpressopinionsonthesefinancialstatementsbasedonouraudit.Weconductedouraudit inaccordancewithauditingstandardsgenerallyacceptedintheUnitedStatesofAmericaandthestandards applicabletofinancialauditscontainedinGovernmentAuditingStandards,issuedbytheComptrollerGeneralof theUnitedStates.Thosestandardsrequirethatweplanandperformtheaudittoobtainreasonableassurance aboutwhetherthefinancialstatementsarefreefrommaterialmisstatement. Anauditinvolvesperformingprocedurestoobtainauditevidenceabouttheamountsanddisclosuresinthe financialstatements.Theproceduresselecteddependontheauditor’sjudgment,includingtheassessmentofthe risksofmaterialmisstatementofthefinancialstatements,whetherduetofraudorerror.Inmakingthoserisk assessments,theauditorconsidersinternalcontrolrelevanttotheentity’spreparationandfairpresentationof thefinancialstatementsinordertodesignauditproceduresthatareappropriateinthecircumstances,butnot forthepurposeofexpressinganopinionontheeffectivenessoftheentity’sinternalcontrol.Accordingly,we expressnosuchopinion.Anauditalsoincludesevaluatingtheappropriatenessofaccountingpoliciesusedand thereasonablenessofsignificantaccountingestimatesmadebymanagement,aswellasevaluatingtheoverall presentationofthefinancialstatements. Webelievethattheauditevidencewehaveobtainedissufficientandappropriatetoprovideabasisforouraudit opinions. Opinions Inouropinion,thefinancialstatementsreferredtoabovepresentfairly,inallmaterialrespects,therespective financialpositionofthegovernmentalactivities,thebusinessͲtypeactivities,eachmajorfund,andtheaggregate remainingfundinformationoftheCityofClearwater,Florida,asofSeptember30,2021,andtherespective changesinfinancialpositionand,whereapplicable,cashflowsthereof,andtherespectivebudgetarycomparison fortheGeneralFundandtheSpecialDevelopmentFund,fortheyearthenendedinaccordancewithaccounting principlesgenerallyacceptedintheUnitedStatesofAmerica.Inaddition,inouropinion,thefinancialstatements referredtoabovepresentfairly,inallmaterialrespects,therespectivefinancialpositionofeachofthenonmajor 1 governmentalfunds,nonmajorenterprisefunds,internalservicefunds,andfiduciaryfundsoftheCityof Clearwater,FloridaasofSeptember30,2021,andtherespectivechangesinfinancialpositionand,where applicable,cashflowsthereoffortheyearthenended,inaccordancewithaccountingprinciplesgenerally acceptedintheUnitedStatesofAmerica. EmphasisofaMatter ChangeinAccountingPrinciple AsdiscussedinNoteIV.I.tothefinancialstatements,inthecurrentyeartheCityofClearwater,Floridaadopted newaccountingguidance,GASBNo.84,FiduciaryActivities,andCustodialFundfiduciarynetposition,beginning ofyearwasincreasedby$657,500duetotheimplementationofthenewaccountingstandard.Ouropinionis notmodifiedwithrespecttothismatter. OtherMatters RequiredSupplementaryInformation AccountingprinciplesgenerallyacceptedintheUnitedStatesofAmericarequirethatthemanagement’s discussionandanalysisandrequiredsupplementaryinformation,aslistedinthetableofcontents,bepresented tosupplementthebasicfinancialstatements.Suchinformation,althoughnotapartofthebasicfinancial statements,isrequiredbytheGovernmentalAccountingStandardsBoard,whoconsidersittobeanessentialpart offinancialreportingforplacingthebasicfinancialstatementsinanappropriateoperational,economic,or historicalcontext.Wehaveappliedcertainlimitedprocedurestotherequiredsupplementaryinformationin accordancewithauditingstandardsgenerallyacceptedintheUnitedStatesofAmerica,whichconsistedof inquiriesofmanagementaboutthemethodsofpreparingtheinformationandcomparingtheinformationfor consistencywithmanagement’sresponsestoourinquiries,thebasicfinancialstatements,andotherknowledge weobtainedduringourauditofthebasicfinancialstatements.Wedonotexpressanopinionorprovideany assuranceontheinformationbecausethelimitedproceduresdonotprovideuswithsufficientevidencetoexpress anopinionorprovideanyassurance. OtherInformation Ourauditwasconductedforthepurposeofformingopinionsonthefinancialstatementsthatcollectively comprisetheCity’sbasicfinancialstatements.Theintroductorysection,combiningandindividualnonmajorfund financialstatementsandschedule,andstatisticalsection,aslistedinthetableofcontents,andthescheduleof receiptsandexpendituresoffundsrelatedtothedeepwaterhorizonoilspill,arepresentedforpurposesof additionalanalysisandarenotarequiredpartofthebasicfinancialstatements.Thescheduleofexpendituresof federalawardsandstatefinancialassistanceandrelatednotesispresentedforpurposesofadditionalanalysisas requiredbyTitle2U.S.CodeofFederalRegulationsPart200,UniformAdministrativeRequirements,CostPrinciples, andAuditRequirementsforFederalAwardsandChapter10.550,RulesoftheAuditorGeneral,andisalsonota requiredpartofthebasicfinancialstatements. Thecombiningandindividualnonmajorfundfinancialstatements,schedulesandthescheduleofexpendituresof federalawardsandstatefinancialassistancearetheresponsibilityofmanagementandwerederivedfromand relatedirectlytotheunderlyingaccountingandotherrecordsusedtopreparethebasicfinancialstatements.Such informationhasbeensubjectedtotheauditingproceduresappliedintheauditofthebasicfinancialstatements andcertainadditionalprocedures,includingcomparingandreconcilingsuchinformationdirectlytotheunderlying accountingandotherrecordsusedtopreparethebasicfinancialstatementsortothebasicfinancialstatements themselves,andotheradditionalproceduresinaccordancewithauditingstandardsgenerallyacceptedinthe UnitedStatesofAmerica.Inouropinion,thecombiningandindividualnonmajorfundfinancialstatementsand schedule,thescheduleofreceiptsandexpendituresoffundsrelatedtothedeepwaterhorizonoilspill,andthe scheduleofexpenditureoffederalawardsandstatefinancialassistancearefairlystated,inallmaterialrespects, inrelationtothebasicfinancialstatementsasawhole. 2 Theintroductoryandstatisticalsectionshavenotbeensubjectedtotheauditingproceduresappliedintheaudit ofthebasicfinancialstatementsand,accordingly,wedonotexpressanopinionorprovideanyassuranceonthem. OtherReportingRequiredbyGovernmentAuditingStandards InaccordancewithGovernmentAuditingStandards,wehavealsoissuedourreportdatedMarch31,2022,onour considerationoftheCity’sinternalcontroloverfinancialreportingandonourtestsofitscompliancewithcertain provisionsoflaws,regulations,contracts,andgrantagreementsandothermatters.Thepurposeofthatreportis solelytodescribethescopeofourtestingofinternalcontroloverfinancialreportingandcomplianceandthe resultsofthattesting,andnottoprovideanopinionontheeffectivenessoftheCity’sinternalcontrolover financialreportingoroncompliance.Thatreportisanintegralpartofanauditperformedinaccordancewith GovernmentAuditingStandardsinconsideringtheCity’sinternalcontroloverfinancialreportingandcompliance. CARR,RIGGS&INGRAM,LLC Clearwater,Florida March31,2022 3 4 This Page Intentionally Left Blank 5 Management’s Discussion and Analysis This Management’s Discussion and Analysis report provides the reader with a narrative overview and analysis of the financial activities of the City for the fiscal year ended September 30, 2021. Management’s Discussion and Analysis (MD&A) should be read in conjunction with the City’s Transmittal Letter, which begins on page v of this report. Financial Highlights The City’s assets and deferred outflows of resources exceeded its liabilities and deferred inflows of resources at the close of fiscal year 2021 by $1.3 billion (net position). Of this amount, $339.9 million (unrestricted net position) may be used to meet the government’s ongoing obligations to citizens and creditors. The City’s total net position increased by $122.9 million, or 10.9%, from the prior year’s net position. Net position for governmental activities increased by $87.8 million, or 16.3%, while the business-type net position increased by $35.1 million, or 6.0%. Governmental net position increased $87.8 million in fiscal 2021, versus an increase of $40.5 million in fiscal 2020. A decrease of $39.6 million in governmental program expenses, primarily in the general government, public safety, physical environment and economic environment programs, offset by an increase in the culture and recreation program expenses, along with an increase in governmental program revenues of $6.7 million, resulted in a decrease in net program expenses of $46.3 million. Total general revenues for governmental activities increased by $2.1 million, or 1.7%, due to a $4.5 million increase in property taxes, a $3.5 million increase in sales taxes, a $580 thousand increase in utility taxes, and a $580 thousand increase in state revenue sharing, offset by a decrease of $5.2 million in investment earnings due to lower interest rates and a decrease in market valuation of the City’s investment portfolio. Transfers from business-type activities decreased $1.1 million. Business-type net position increased $35.1 million in fiscal 2021, versus an increase of $44.1 million in fiscal 2020. Net revenue from business-type activities, before investment earnings and transfers, decreased $4.0 million, or 7.9%, as the result of an increase in program expenses of $17.2 million, offset by an increase in charges for services of $12.5 million and an increase in grants and contributions of $699 thousand. The most significant increase in charges for services was in the Water & Sewer Utility ($5.8 million), where charges for services increased as a result of a 4% rate increase effective October 1, 2020; the Solid Waste Utility ($1.9 million) due to a rate increase of 3.75% effective October 1, 2020; the Marine Fund ($1.0 million) due to increased activity over the reduced COVID-19 levels of fiscal 2020, as well as increased resale revenues resulting from higher fuel costs; and the Parking Fund ($3.1 million) due to increased parking rates at metered lots. General revenues decreased $6.0 million as the result of a decrease in investment earnings due to lower interest rates and a decrease in market valuation of the City’s investment portfolio. Transfers to governmental activities decreased $1.1 million. At September 30, 2021, the City’s governmental funds reported combined ending fund balances of $178.6 million, an increase of $24.5 million, or 15.9%, in comparison with the prior year. Of this amount, $67.7 million (or 37.9%) is available for spending at the government’s discretion (unassigned fund balance). At September 30, 2021, unrestricted fund balance (the total of the committed, assigned and unassigned components of fund balance) for the general fund was $68.4 million, or 50.6% of total fiscal 2021 general fund expenditures. Total outstanding long-term liabilities decreased $13.6 million from the prior year, primarily due to a reduction in bonded debt in the amount of $7.6 million, a decrease in the liability for compensated absences of $749 thousand, and a decrease in capital lease purchase agreements of $7.6 million; offset by an increase in the liability for other postemployment benefits of $1.7 million, and an increase in claims payable of $614 thousand. 6 Overview of the Financial Statements This discussion and analysis (MD&A) is intended to serve as an introduction to the City of Clearwater’s basic financial statements. The City’s basic financial statements are comprised of three components: 1) government-wide financial statements, 2) fund financial statements, and 3) notes to the financial statements. This report also contains other supplementary information in addition to the basic financial statements themselves. Government-Wide Financial Statements The government-wide financial statements are the statement of net position and the statement of activities. These statements report information about the City as a whole using accounting methods similar to those used by private-sector businesses. Emphasis is placed on the net position of governmental activities and business-type activities, and the change in net position. Governmental activities are principally supported by taxes and intergovernmental revenues. Governmental activities include most of the City’s basic services, including police, fire, public works, parks and recreation, and general administration. Business-type activities are intended to recover all or a significant portion of their costs through user fees and charges. The City’s water and sewer system, stormwater system, gas system, solid waste and recycling, marine, aviation, Clearwater Harbor Marina, and parking system operations are reported as business-type activities. The statement of net position presents information on all of the City’s assets, deferred outflows of resources, liabilities, and deferred inflows of resources, with the difference reported as net position. Over time, increases or decreases in net position may serve as a useful indicator as to whether the financial position of the City is improving or deteriorating. Net position is reported in three major categories: 1) net investment in capital assets; 2) restricted; and 3) unrestricted. The statement of activities presents information showing how the City’s net position changed as a result of the year’s activities. All changes in net position are recorded in the period in which the underlying event takes place, which may differ from the period in which cash is received or disbursed. The Statement of Activities displays the expense of the City’s various programs net of related revenues, as well as a separate presentation of revenues available for general purposes. The government-wide financial statements include not only the City of Clearwater itself but also the Clearwater Redevelopment Agency (CRA). The CRA, though legally separate, is reported as part of the primary government as a blended component unit because the City Council serves as the CRA’s governing board and City management has operational responsibility for the CRA. Fund Financial Statements A fund is a grouping of related accounts that is used to maintain control over resources that have been segregated for specific activities or objectives. The fund financial statements provide detailed information about the City’s major funds – not the City as a whole. Fund accounting helps to ensure and demonstrate compliance with finance-related legal requirements. Based on restrictions on the use of monies, the City has established many funds that account for the multitude of services provided to residents. These fund financial statements focus on the City’s most significant funds: governmental, proprietary, and fiduciary. Governmental funds. Governmental funds are used to report most of the City’s basic services. These funds are used to account for essentially the same functions reported as governmental activities in the government-wide financial statements. The funds focus on the inflows and outflows of current resources and the balances of spendable resources available at the end of the fiscal year. Such information may be useful in evaluating a government’s near-term financing requirements. Because the focus of governmental funds is narrower than that of the government-wide financial statements, it is useful to compare the information presented for governmental funds with similar information presented for governmental activities in the government-wide financial statements. By doing so, readers may better understand the long-term impact of the government’s near-term financing decisions. Both the governmental fund balance sheet and the governmental fund statement of revenues, expenditures, and changes in fund balances provide a reconciliation to facilitate this comparison between governmental funds and governmental activities. 7 The City maintains ten individual governmental funds. Information is presented separately in the governmental funds balance sheet and in the governmental funds statement of revenues, expenditures, and changes in fund balances for the General, Special Development, Special Programs, and Capital Improvement funds, which are considered to be major funds. Data from the other six governmental funds are combined into a single aggregated columnar presentation. Individual fund data for each of these nonmajor governmental funds is provided in Combining and Individual Fund Statements and Schedules section of this report. Annual appropriated budgets are adopted for the General Fund, the Special Development Special Revenue Fund, and the Community Redevelopment Agency Special Revenue Fund. Budgetary comparison statements and/or schedules have been provided for these funds to demonstrate budgetary compliance. The basic governmental fund financial statements can be found on pages 22-27 of this report. Proprietary funds. The City maintains two different types of proprietary funds. Enterprise funds are used to report the same functions presented as business-type activities in the government-wide financial statements. The City uses enterprise funds to account for the fiscal activities related to water and sewer, gas, solid waste & recycling and stormwater utilities, along with marine, aviation, parking system, and Clearwater Harbor Marina downtown boat slip operations. Internal service funds are an accounting device used to accumulate and allocate costs internally among the City’s various functions. The City uses internal service funds to account for the City’s building maintenance, custodial services, self- insurance program, risk management program, employee group insurance, vehicle acquisition and maintenance, and various support activities including data processing, telecommunications, and postal services. All of the City’s internal service funds predominantly benefit governmental activities and consequently have been aggregated and included within governmental activities in the government-wide financial statements. Proprietary funds provide the same type of information as the government-wide financial statements, only in more detail. The proprietary fund financial statements provide separate information for the Water and Sewer Utility, Gas Utility, Solid Waste & Recycling Utility, and Stormwater Utility enterprise funds, which are considered to be major funds of the City. The remaining four non-major enterprise funds are combined into a single aggregated presentation in the proprietary fund financial statements. Similarly, governmental activity internal service funds are aggregated into a single presentation. Individual fund data for the non-major enterprise funds and the internal service funds is provided in the form of combining statements in the supplementary information section of this report. The basic proprietary fund financial statements can be found on pages 28-39 of this report. Fiduciary funds. Fiduciary funds are used to account for resources held for the benefit of parties outside the government. Fiduciary funds are not reflected in the government-wide financial statements because the resources of the fiduciary funds are not available to support the City’s own programs. The accounting used for fiduciary funds is similar to proprietary funds. The City of Clearwater maintains two different types of fiduciary funds. Pension trust funds are used to report resources held in trust for retirees and beneficiaries covered by the City’s pension plans. A custodial fund is used to report resources held by the City in a custodial capacity for individuals, private organizations and other governments, such as the Clearwater Downtown Development Board. The fiduciary fund statements can be found on pages 40-41 of this report. Notes to the Financial Statements The notes to the financial statements provide additional information that is essential for a full understanding of the information provided in the government-wide and fund financial statements, including the City’s progress in funding its obligations to provide pension benefits and other post-employment benefits to its employees. The notes to the financial statements can be found on pages 42-105 of this report. Other Information In addition to the basic financial statements and accompanying notes, this report also presents certain required supplementary information concerning the City’s progress in funding its obligations to provide pension benefits and other post-employment benefits to its employees. Required supplementary information can be found on pages 106-112 of this report. 8 The combining statements referred to earlier in connection with non-major governmental funds, non-major enterprise funds, and internal service funds, are presented immediately following the required supplementary information. Combining and individual fund statements can be found on pages 116-138 of this report. Government-Wide Financial Analysis The total net position of the City increased in both fiscal 2020 and fiscal 2021. As noted earlier, net position may serve over time as a useful indicator of a government’s financial position. In the case of the City, assets exceeded liabilities by $1.3 billion at the close of the fiscal year ended September 30, 2021. This represents an increase of $122.9 million from the September 30, 2020 total net position of $1.1 billion. The City reports positive balances in all three categories of net position, both for the government as a whole as well as for its separate governmental and business-type activities, for both the current year and the prior year, as indicated in the following table: A large portion of the City’s net position ($568.8 million or 45.4%) represents its net investment in capital assets (e.g., land, infrastructure, land improvements, buildings, and equipment, less any related outstanding debt used to acquire those assets). The City uses these capital assets to provide services to citizens, and consequently these assets are not available for future spending. Although the City’s investment in capital assets is reported net of related debt, it should be noted that the resources needed to repay this debt must be provided from other resources, since the capital assets themselves will not be used to liquidate these liabilities. There was an increase of $12.5 million (4.6%) in net investment in capital assets for governmental activities versus the previous year. The increase was due to a decrease in related revenue bond debt of $845 thousand and a decrease of $7.1 million in capital lease purchase contracts, an increase of $1.1 million in accounts and contracts (retainage) payable, plus a net increase of $5.6 million in governmental capital assets for the current fiscal year. The increase in governmental capital assets of $5.6 million resulted from capital asset additions of $29.5 million offset by depreciation expense of $23.3 million, and net capital asset retirements of $606 thousand. 2021 2020 2021 2020 2021 2020 Assets Current and other assets 534,164,114$ 329,051,866$ 389,951,851$ 333,081,335$ 924,115,965$ 662,133,201$ Capital assets 301,221,878 295,593,415 435,181,441 446,035,936 736,403,319 741,629,351 Total assets 835,385,992 624,645,281 825,133,292 779,117,271 1,660,519,284 1,403,762,552 Deferred Outflows of Resources 19,282,621 25,401,889 12,305,934 18,284,510 31,588,555 43,686,399 Liabilities Current and other liabilities 24,681,069 10,896,206 23,710,370 21,265,157 48,391,439 32,161,363 Long-term debt outstanding: Due within one year 14,631,732 15,992,365 7,835,406 7,443,280 22,467,138 23,435,645 Due in more than one year 40,652,449 45,905,365 159,099,549 166,460,801 199,751,998 212,366,166 Total liabilities 79,965,250 72,793,936 190,645,325 195,169,238 270,610,575 267,963,174 Deferred Inflows of Resources 147,538,435 37,897,156 21,349,200 11,925,090 168,887,635 49,822,246 Net position Net investment in capital assets 283,538,240 271,011,470 285,263,520 292,924,925 568,801,760 563,936,395 Restricted 295,043,664 136,163,696 48,861,477 36,575,666 343,905,141 172,739,362 Unrestricted 48,583,024 132,180,912 291,319,704 260,806,862 339,902,728 392,987,774 Total net position 627,164,928$ 539,356,078$ 625,444,701$ 590,307,453$ 1,252,609,629$ 1,129,663,531$ City of Clearwater, Florida - Net Position Governmental Activities Business-type Activities Total 9 Net investment in capital assets for business-type activities decreased by $7.7 million (2.6%) versus the previous year due to a net decrease in business-type capital assets of $10.8 million consisting of $13.4 million of net capital asset additions, offset by $23.8 million in current year depreciation expense, and net capital asset retirements of $499 thousand, an increase of $3.0 million in accounts and contracts (retainage) payable, and a decrease of $6.2 million in related debt, net of unspent bond proceeds. An additional portion of the City’s net position ($343.9 million or 27.5%) represents resources that are subject to external restrictions on how they may be used. The remaining balance of unrestricted net position ($339.9 million or 27.1%) may be used to meet the government’s ongoing obligations to citizens and creditors. Changes in Net Position The following table reflects the changes in net position for the years ended September 30, 2021, and September 30, 2020: 2021 2020 2021 2020 2021 2020 Revenues Program revenues: Charges for services 46,394,836$ 45,397,783$ 204,663,545$ 192,201,645$ 251,058,381$ 237,599,428$ Operating grants and contributions 12,539,474 9,018,690 83,232 166,250 12,622,706 9,184,940 Capital grants and contributions 2,595,410 2,518,812 2,545,672 1,763,846 5,141,082 4,282,658 General revenues: Property taxes 73,092,866 68,614,394 - - 73,092,866 68,614,394 Sales taxes 22,841,758 19,310,646 - - 22,841,758 19,310,646 Utility taxes 17,745,583 17,165,590 - - 17,745,583 17,165,590 Communications services taxes 4,174,817 4,368,536 - - 4,174,817 4,368,536 Local business tax 2,127,380 2,027,827 - - 2,127,380 2,027,827 Local option gas tax 1,438,852 1,381,690 - - 1,438,852 1,381,690 State revenue sharing 4,274,388 3,694,083 - - 4,274,388 3,694,083 Other (337,667) 4,644,541 (993,609) 5,046,974 (1,331,276) 9,691,515 Total revenues 186,887,697 178,142,592 206,298,840 199,178,715 393,186,537 377,321,307 Expenses General Government 12,019,799 13,110,688 - - 12,019,799 13,110,688 Public Safety 37,948,749 72,719,652 - - 37,948,749 72,719,652 Physical Environment 3,077,088 5,934,269 - - 3,077,088 5,934,269 Transportation 12,246,726 12,423,436 - - 12,246,726 12,423,436 Economic Environment 4,544,782 7,297,768 - - 4,544,782 7,297,768 Human Services 504,873 598,353 - - 504,873 598,353 Culture and Recreation 38,751,718 36,527,862 - - 38,751,718 36,527,862 Interest on Long-term Debt 528,347 616,484 - - 528,347 616,484 Water and Sewer Utility - - 72,634,192 66,362,254 72,634,192 66,362,254 Gas Utility - - 37,232,595 32,671,325 37,232,595 32,671,325 Solid Waste Utility - - 22,061,698 18,579,921 22,061,698 18,579,921 Stormwater Utility - - 13,383,590 12,307,608 13,383,590 12,307,608 Recycling Utility - - 3,282,369 2,675,082 3,282,369 2,675,082 Other - - 12,023,913 10,842,029 12,023,913 10,842,029 Total expenses 109,622,082 149,228,512 160,618,357 143,438,219 270,240,439 292,666,731 77,265,615 28,914,080 45,680,483 55,740,496 122,946,098 84,654,576 Transfers 10,543,235 11,631,018 (10,543,235) (11,631,018) - - Increase in net position 87,808,850 40,545,098 35,137,248 44,109,478 122,946,098 84,654,576 Net position - beginning 539,356,078 498,810,980 590,307,453 546,197,975 1,129,663,531 1,045,008,955 Total net position - ending 627,164,928$ 539,356,078$ 625,444,701$ 590,307,453$ 1,252,609,629$ 1,129,663,531$ City of Clearwater, Florida - Changes in Net Position transfers Governmental Activities Business-type Activities Totals Increase in net position before 10 Governmental Activities Net position of governmental activities increased by $87.8 million from $539.4 million to $627.2 million as of September 30, 2021. This represents a 16.3% increase in net position for governmental activities. Total expenses for governmental activities decreased by $39.6 million, or 26.5%, versus the prior year. The most significant decreases were in the general government program ($1.1 million), the public safety program ($34.8 million), the physical environment program ($2.9 million), and the economic environment program ($2.8 million), offset by an increase in the culture and recreation program ($2.2 million). Total program revenues for governmental activities increased by $6.7 million, or 12.2%, versus the prior year. This increase was due to a $997 thousand increase in charges for services, an increase in operating grants and contributions of $5.6 million, and an increase of $77 thousand in capital grants and contributions. Total general revenues for governmental activities increased by $2.1 million, or 1.7%, primarily due to a $4.5 million increase in property taxes, a $3.5 million increase in sales taxes, a $580 thousand increase in utility taxes, and a $580 thousand increase in state revenue sharing, offset by a decrease of $5.2 million in investment earnings due to lower interest rates and a decrease in market valuation of the City’s investment portfolio. Transfers from business-type activities decreased $1.1 million. The cost of all governmental activities this year was $109.6 million. This reflects a decrease of $39.6 million, or 26.5%, from the fiscal 2020 total of $149.2 million. However, as shown on the Statement of Activities, the amount that the City’s taxpayers ultimately financed for fiscal 2021 activities totaled $48.1 million, because some of the cost was paid for by those who directly benefited from the programs ($46.4 million) or by other governments and organizations that subsidized certain programs with grants and contributions ($15.1 million). This total of $48.1 million is $46.3 million, or 49.0%, less than the fiscal 2020 amount financed from general revenues. $0 $5 $10 $15 $20 $25 $30 $35 $40 Millions Expenses and Program Revenues - Governmental Activities For the Year Ended September 30, 2021 Expenses Revenues GeneralGovernment Public Safety Physical Transportation EconomicEnvironment Human Culture andRecreation Interest onLong-term Debt 11 Business-type Activities Net position for business-type activities increased by $35.1 million from $590.3 million at September 30, 2020, to $625.4 million as of September 30, 2021. This represents an increase of 6.0% in net position for business-type activities. Net revenue from business-type activities, before investment earnings and transfers, decreased from $50.7 million for the prior year to $46.7 million for fiscal 2021. This $4.0 million, or 7.9%, decrease was primarily the result of an increase in program expenses of $17.2 million, partially offset by an increase in charges for services of $12.5 million and an increase in grants and contributions of $699 thousand. Total program revenues for business-type activities increased by $13.2 million, or 6.8%, to $207.3 million versus the prior year total of $194.1 million, due primarily to an increase of $12.5 million in charges for services and an increase of $782 thousand (44.4%) in capital grants and contributions, resulting from an increase in contributions from the City of Safety Harbor for improvements at the Northeast Wastewater Treatment Plant in the Water and Sewer Utility ($716 thousand), and an increase from the Florida Department of Transportation for the Hangar C Replacement project at the Clearwater Airpark in the Aviation Fund ($641 thousand); offset by reductions in funding from the Southwest Florida Water Management District as a result of completions of projects in the Stormwater Utility ($575 thousand). Total expenses for business-type activities increased by $17.2 million, or 12.0%, from $143.4 million in fiscal 2020 to $160.6 million for fiscal 2021. The most significant increases are in the Water & Sewer Utility ($6.3 million), the Gas Utility ($4.6 million), the Solid Waste Utility ($3.5 million), and the Stormwater Utility ($1.1 million). Transfers to governmental activities decreased $1.1 million, or 9.4%. Charges for services 24.8% Miscellaneous 0.1% Property Taxes 39.1% Local Option Gas Tax 0.8% Sales taxes 12.2% Local business tax 1.1% Communications services taxes 2.2% Capital grants & contributions 1.4% Operating grants & contributions 6.8% Utility taxes 9.5% State revenue sharing 2.3% Investment earnings -0.3% Revenues by Sources - Governmental Activities For the Year Ended September 30, 2021 12 $0 $20,000,000 $40,000,000 $60,000,000 $80,000,000 $100,000,000 $120,000,000 Water and Sewer Utility Gas Utility Solid Waste Utility Stormwater Utility Recycling Other Expenses and Program Revenue - Business-type Activities For the Year Ended September 30, 2021 Expenses Revenues Charges for services 98.73% Operating grants and contributions .04%Capital grants and contributions 1.23% Revenues by Source - Business-type Activities For the Year Ended September 30, 2021 13 Financial Analysis of the City’s Funds As noted earlier, the City uses fund accounting to ensure and demonstrate compliance with finance-related legal requirements. Governmental Funds The focus of the City’s governmental funds is to provide information on near-term inflows, outflows, and balances of spendable resources. Such information is useful in assessing the City’s financing requirements. In particular, unassigned fund balance may serve as a useful measure of a government’s net resources available for spending at the end of the fiscal year. The City reports the General Fund, Special Development Fund, Special Programs Fund, and Capital Improvement Fund as major governmental funds. The City’s governmental funds for the year ended September 30, 2021, reflect a combined fund balance of $178.6 million versus $154.1 million for the prior year, an increase of $24.5 million. A total of $67.7 million, or 37.9%, represents unassigned fund balance available for spending at the government’s discretion. The remainder of the fund balance is classified as assigned ($10.0 million or 5.6%) to indicate that it is intended to be used for specific purposes supported by management’s intent; committed ($24.6 million or 13.8%) to indicate that it can be used only for the specific purposes determined by a formal vote of the City Council; restricted ($76.2 million or 42.7%) to indicate that it can be spent only for the specific purposes stipulated by constitution, external resource providers, or through enabling legislation; or nonspendable ($46 thousand or less than 0.1%) to indicate that it cannot be spent or is legally or contractually required to remain intact. The General Fund is the chief operating fund of the City. At September 30, 2021, unassigned fund balance of the General Fund totaled $67.7 million, with the remaining $676 thousand in fund balance classified as nonspendable or assigned. As a measure of the general fund’s liquidity it is useful to compare unassigned fund balance to total fund expenditures. Unassigned fund balance represents 50.1% of total general fund expenditures (GAAP basis before transfers) for the current fiscal year. The fund balance of the Special Development Fund increased from $11.6 million to $14.3 million, an increase of $2.7 million or 23.2%, during the current fiscal year versus an increase of $576 thousand for fiscal 2020. Total revenues increased by $1.1 million, primarily due to an increase in infrastructure sales taxes of $2.2 million due to a rebounding economy, offset by a decrease in investment earnings of $1.1 million resulting from lower interest rates and a decrease in market valuation of the City’s investment portfolio. Transfers out decreased by $977 thousand primarily due to a decrease in transfers to the Capital Improvement Fund to fund projects. The Special Programs Fund was reclassified as a major fund in fiscal 2021 due to the receipt of $11.2 million from the American Rescue Plan Act. This funding has been recorded as unearned revenue because all eligibility requirements have not yet been met as of September 30, 2021. Fund balance in the Special Programs Fund increased from $14.4 million to $17.2 million, an increase of $2.8 million or 19.1% during the current fiscal year versus an increase of $2.5 million for fiscal 2020. Revenues increased $2.2 million, or 49.4%, primarily in the intergovernmental revenue category, due to $1.98 million received from Pinellas County for CARES Act funding, as well as reimbursements from FEMA of $1.3 million, offset by a decrease of $283 thousand in investment earnings due to lower interest rates and a decrease in market value of the City’s investment portfolio, and a decrease in miscellaneous revenues of $580 thousand primarily due to the loss of ticket sale revenue as special events were suspended for over a year due to the pandemic. Expenditures decreased $1.8 million, primarily in the economic environment program due to a reduction in COVID-19 response projects from the prior year, and in culture and recreation, due to a reduction in special events costs. Transfers in decreased $3.2 million, primarily due to a $3.5 million one-time transfer received in fiscal 2020 to fund the Back to Business Grant program. The fund balance for the Capital Improvement Fund decreased from $69.4 million to $67.5 million during the current fiscal year. This decrease of $1.9 million is primarily the result of current year capital project expenditures in excess of funding received from other funds. This is typical volatility for the Capital Improvement Fund due to timing differences between project funding and project spending. The fund balances for Other (non-major) Governmental Funds posted an increase of $1.9 million (from $9.4 million, as restated for the reclassification of the Special Programs Fund, to $11.3 million) during the current fiscal year. 14 Proprietary Funds The City’s proprietary funds provide the same type of information found in the government-wide financial statements, but in more detail. The City reports the Water and Sewer Utility Fund, the Gas Utility Fund, the Solid Waste & Recycling Utility Fund, and the Stormwater Utility Fund as major funds. The Water and Sewer Utility Fund realized a $23.6 million increase in net position versus a $24.8 million increase for the prior year. Operating revenues increased by $5.8 million, or 6.3%, while operating expenses decreased $15 thousand, or 0.02%. This resulted in a net increase in operating income of $5.8 million from $23.9 million in fiscal 2020 to $29.7 million in 2021. Additionally, capital grants and contributions increased by $716 thousand , or 72.5%, primarily due to an increase in contributions from the City of Safety Harbor for improvements at the Northeast Wastewater Treatment Plant, and investment earnings decreased by $3.0 million (119.0%) due to lower interest rates and a decrease in market valuation of the City’s investment portfolio. The increase in operating revenues was primarily the result of a 4.0% rate increase effective October 1, 2020. The Gas Utility Fund realized an increase of $2.9 million in net position versus a $6.4 million increase for the prior year. Operating revenues increased by $249 thousand, or 0.58%, from the prior year, while operating expenses increased by $3.9 million (12.0%). This resulted in a net decrease in operating income of $3.7 million from $10.2 million in 2020 to $6.5 million in 2021. Operating revenues increased primarily due to an increase in installations and retail sales following the decreased activity of fiscal 2020 resulting from the COVID-19 pandemic. The increase in operating expenses was primarily due to an increase in purchases for resale of $3.6 million resulting from increased natural gas commodity prices, in addition to an increase in depreciation expense of $299 thousand due to the addition of new assets as a result of completed construction at the Clearwater Gas Complex. The Solid Waste & Recycling Utility Fund realized a $3.9 million increase in net position versus a $4.9 increase in the prior year. Operating revenues increased by $2.0 million, or 7.3%, while operating expenses increased by $1.8 million (8.3%), resulting in an increase of $206 thousand in operating income. The increase in operating revenues was primarily due to a rate increase of 3.75% effective October 1, 2020, as well as an increase in commercial collections following the decreased activity of fiscal 2020 resulting from business closures during the COVID-19 pandemic. The increase in operating expenses was primarily due to an increase of $1.2 million in depreciation expense due to the addition of new assets resulting from completed construction at the Solid Waste Transfer Station. The Stormwater Utility Fund realized an increase in net position of $2.7 million versus a prior year increase of $3.9 million. Operating revenues increased by $106 thousand, or 0.62%, and operating expenses increased $737 thousand, or 6.4%, resulting in a decrease of $631 thousand in operating income. Operating revenues increased primarily due to the collection of rental income of $43 thousand from the leaseback of property sold in December 2020, and an increase of $45 thousand in various miscellaneous revenues. There were no rate changes in fiscal 2021. Operating expenses increased primarily due an increase of $263 thousand in interfund service charges and $254 thousand in repairs and maintenance due to maintenance contracts and repair and replacement projects. There was also a decrease in capital grants and contributions of $575 thousand (87.3%) due to receipt of the final payment in fiscal 2020 from the Southwest Florida Water Management District for the Hillcrest Bypass Culvert project. Unrestricted net position and changes in net position of the proprietary funds for fiscal years 2021 and 2020: Fund 2021 2020 2021 2020 Water and Sewer Utility 157,804,554$ 131,892,848$ 23,555,488$ 24,799,299$ Gas Utility 24,561,180 26,420,385 2,921,159 6,369,734 Solid Waste & Recycling Utility 31,235,987 29,375,269 3,890,438 4,857,600 Stormwater Utility 45,035,614 42,188,275 2,667,067 3,906,621 Other funds 30,843,736 25,579,025 5,615,523 2,538,113 Totals 289,481,071$ 255,455,802$ 38,649,675$ 42,471,367$ Unrestricted Net Position Change in Net Position 15 General Fund Budgetary Highlights The final amended budget for General Fund expenditures reflected a net increase of $982,607, or 0.7%, from the original budget. Key elements of this decrease were as follows: First Quarter Budget Amendments included an increase of $2,034 for employee recognition in various departments for the quarterly safety award; an increase of $172,800 in Parks and Recreation to provide funding for personnel and operating costs associated with three new FTE’s for the Crest Lake Team; an increase of $391,000 to fund the purchase of real property located at 1011 Engman Street; and an increase of $87,888 to fund the Cardno contract for archaeological excavation. Mid-Year Budget Amendments included an increase of $1,224 to the Fire Department for the quarterly safety award; and an increase of $530,000 to fund the purchase of real property at 701 Franklin Street. Third Quarter Budget Amendments included an increase to the Engineering Department and a decrease to the Police Department of $26,790 to correct a budgeting error in special pay; an increase to the Fire Department of $90,462 to the Fire Supplemental Pension Plan and $95,700 to overtime; a decrease of $483,532 to Parks and Recreation for salary and operating savings; an increase to the Police Department of $58,031 for the Police Supplemental Pension Plan; and an increase of $37,000 to fund the purchase of real property located at the southwest corner of N. Martin Luther King Jr. Avenue and Engman Street. Final budgeted revenues reflect a net increase of $10,928,956, or 7.7%, from the original budget primarily due to: Third Quarter Budget Amendments included an increase of $1,114,763 to Property Taxes to reflect actual collections for the year; an increase of $2,150,000 in Utility Taxes to bring the budget in line with anticipated receipts for the year; a decrease of $270,000 in Communications Services Taxes to bring the budget in line with anticipated receipts for the year; an increase of $160,000 in Franchise Fees to bring the budget in line with anticipated receipts for the year; an increase of $1,425,000 in Other Permits and Fees to bring the budget in line with anticipated receipts for the year; an increase of $6,299,193 in Intergovernmental Revenues to bring the budget in line with anticipated receipts for the year; a decrease of $370,000 in Charges for Services to bring the budget in line with anticipated receipts for the year; an increase of $270,000 in Judgments, Fines and Forfeitures to bring the budget in line with actual receipts for the year; and an increase of $150,000 in Miscellaneous Revenues to reflect a decrease of $200,000 to interest earnings offset by an increase of $350,000 to beach rental contracts. Final budgeted “transfers in” from other funds reflect an increase of $1,213,125 or 11.0%, from the original budget primarily due to: A transfer of $3,258 from the Central Insurance Fund for employee recognition related to the quarterly safety award and the perfect claims award; and A transfer of $25,000 from the Capital Improvement Fund to return unspent funds from the City Hall Hardening project; and A transfer of $1,184,867 from the Gas Utility Fund for additional dividends. Final budgeted “transfers out” reflect an increase of $1,253,384 or 10.7%, from the original budget primarily due to: A transfer of $131,652 to the Capital Improvement Fund for the Morningside Recreation Center Replacement project; and A transfer of $160,000 to the Capital Improvement Fund for the Miscellaneous Parks and Recreation Contracts project to fund the Hilltop Securities agreement; and A transfer of $143,200 to the Special Programs Fund for the Mental Health Co-Responder Team program; and A transfer of $25,000 to the Special Programs Fund for the Planning Studies Fund program; and A transfer of $10,000 to the Marine Fund for the Clearwater Ferry’s use of slips per the water taxi operating agreement renewal; and A transfer of $300,000 to the Capital Improvement Fund to establish the Greenprint Implementation project; and A transfer of $150,000 to the Capital Improvement Fund for the Carpenter Field Infrastructure Repairs/Improvements project; and A transfer of $115,532 to the Capital Improvement Fund for the Crest Lake Park Improvements project; and A transfer of $123,000 to the Capital Improvement Fund for the BayCare Ballpark Infrastructure Repairs/Improvements project; and A transfer of $95,000 to the Capital Improvement Fund for the Fencing Replacement project. 16 Total actual revenues for the General Fund for fiscal 2021 were $2.3 million, or 1.5%, greater than final budgeted revenues. The most significant excesses were $1.2 million in state shared revenues due to post-COVID economic recovery, $366 thousand in utility taxes, $250 thousand in charges for services, $278 thousand in rents and leases, and $215 thousand in miscellaneous revenues due to $124 thousand in insurance proceeds received for damages at Parks and Recreation facilities. Fiscal 2021 actual expenditures for the General Fund were $6.4 million (4.5%) less than final budgeted expenditures, primarily due to budget savings across most City departments for fiscal 2021. Capital Asset and Debt Administration Capital Assets Capital assets include land, buildings and building improvements, improvements other than buildings, machinery and equipment, and infrastructure. The infrastructure asset category includes long-lived capital assets, typically stationary in nature, such as roads, sidewalks, and bridges. At September 30, 2021, the City had investments in capital assets totaling $736,403,319 (net of accumulated depreciation). 2021 2020 2021 2020 2021 2020 Land 92,281$ 91,473$ 30,829$ 30,892$ 123,110$ 122,365$ Buildings 84,953 86,611 69,535 53,313 154,488 139,924 Improvements other than buildings 24,152 25,940 315,053 320,165 339,205 346,105 Machinery and equipment 31,308 32,835 8,571 8,809 39,879 41,644 Infrastructure 41,347 45,062 - - 41,347 45,062 Construction in progress 27,181 13,672 11,193 32,857 38,374 46,529 Total 301,222$ 295,593$ 435,181$ 446,036$ 736,403$ 741,629$ * Net of accumulated depreciation Governmental Activities TotalBusiness-type Activities City of Clearwater, Florida - Capital Assets* (amounts in thousands) Net capital assets for the City’s governmental activities increased from $295.6 million to $301.2 million, reflecting an increase of $5.6 million for the current fiscal year. Capital asset additions of $29.5 million were offset by depreciation expense of $23.3 million, and net capital asset retirements totaling approximately $606 thousand. Major fiscal 2021 completed governmental capital projects include $2.5 million for the Emergency Operations Center, $1.1 for Seminole Boat Launch Improvements, and $659 thousand for the Mandalay Pedestrian Bridge. Net capital assets for the City’s business-type activities decreased from $446.0 million to $435.2 million, reflecting a decrease of $10.9 million for the current fiscal year. Capital asset additions of $13.4 million were offset by depreciation expense of $23.8 million, and net capital asset retirements totaling approximately $499 thousand. Major fiscal 2021 completed business-type capital projects include $2.5 million for the Druid Road/Allen’s Creek stormwater project, $2.3 million for Sanitary Sewer Repair and Replacement projects, $3.4 million for buildings and sitework at the Clearwater Gas Complex, and $19.6 million for buildings and related equipment at the Solid Waste Transfer Station. Additional information on the City’s capital assets can be found in Note III (C) on the notes to the financial statements. Long-term debt and other long-term liabilities The City’s total long-term liabilities decreased from $235.8 million to $222.2 million, a decrease of $13.6 million or 5.8%. Long-term liabilities for governmental activities decreased by $6.6 million, or 10.7%, while long-term liabilities for business- type activities decreased by $7.0 million or 4.0%. Key factors contributing to these changes included: 17 The decrease in long-term liabilities for governmental activities is primarily due to a decrease capital lease purchase agreements of $7.1 million, a decrease in compensated absences of $478 thousand, and a reduction in bonded debt of $855 thousand; offset by an increase of $1.2 million in other postemployment benefits and an increase in claims payable of $614 thousand. The decrease in long-term liabilities for business-type activities is primarily due to a reduction in bonded debt of $6.8 million, a decrease of $271 thousand in compensated absences, and a decrease of $446 thousand in capital lease purchase agreements; offset by an increase in the liability for other postemployment benefits of $514 thousand. The City’s bonded debt as of September 30, 2021, consists entirely of revenue bonds and direct placement bank loans (secured solely by specified revenue sources) with no general obligation debt or special assessment debt outstanding. Governmental activities revenue bonds totaled $3.8 million while revenue bonds and direct placement bank loans for business-type activities totaled $155.3 million. The City’s Charter limits indebtedness to 20% of the assessed valuation of non-exempt real estate. The current debt limitation is approximately $3.0 billion, which is significantly in excess of the City’s applicable indebtedness of approximately $155.8 million at September 30, 2021. Additional information on the City’s long-term debt can be found in Note III (F) of the notes to the financial statements. Economic Factors and Year 2022 Budgets and Rates Factors considered in preparing the City of Clearwater’s budget for fiscal year 2022 included: Taxable property values for 2021 have increased by approximately 5.2%, from $12.7 billion to $13.4 billion, including new construction. The bulk of this increase ($596.3 million) is related to increases in current values, while the value of new construction and annexations totals $65.9 million. We continue to have steady growth in taxable values, despite the impact on property values directly related to the COVID-19 pandemic. City taxable values have fully restored, and we continue to recognize growth over the values that historically peaked in 2007. The approved millage rate of 5.9550 mills for fiscal year 2022 is the same as the prior year. The millage was increased 0.8 mills in fiscal year 2019. Total full-time equivalent (FTE) positions for 2021/22 are budgeted at 1,847.0 FTEs for all City operations, an increase of seven FTEs from the 2020/21 amended budget. In the General Fund, this represents an increase of seven for a total of 1,111.7 FTEs; with all other funds totaling 735.3 FTEs, the same level of staffing as the current amended budget. The approved budget includes the addition of one Housing Specialist in the Economic Development and Housing Department to address increasing demands for programming and grant management; the addition of two Parks Service Technicians to the Beach Team in the Parks and Recreation Department to provide enhanced support for daily beach cleaning and trash pick-up; the addition of one Documents and Records Specialist in the Planning and Development Department to provide support with records maintenance, scanning and organizing documents, and responding to the increasing demand for records requests; one Code Compliance Supervisor, one Code Compliance Inspector and one Customer Service Representative to achieve a higher level of code enforcement oversight throughout the city. The actuary report for the Employees’ Pension Plan as of January 1, 2021, indicates that a minimum required City contribution of $11.4 million, 12.3% of total covered payroll, is required for fiscal year 2021/22. This is a decrease of approximately $121,000 from the City’s fiscal year 2021 required contribution of $11.5 million. During fiscal years 2006 thru 2014, the City relied on the pension credit balance to subsidize the required contribution during years of investment market underperformance, bringing the credit balance down from more than $24 million in January 2005 to $5.4 million in January 2014. Over the past six years the credit balance has been funded with an additional $26.2 million to bring the current level to $31.6 million as of January 2021. In fiscal year 2021/22, the cost of medical care for employees is budgeted at $20.1 million across all City operations, representing an estimated 6% increase. Included in this total is $1.7 million to fund the operating costs of the employee health clinic. The budgeted cost for medical care to the General Fund is estimated at $12.2 million, an increase of $645,390, or 6%, over the current budget. Total cost for health insurance, to include coverage of dependents and retirees is estimated at $21.7 million, which is budgeted in the Central Insurance Fund. Revenues from payroll deductions are budgeted to offset this expense. A water and sewer fund rate study update was completed in July 2021. This study confirmed the previous rate structure approved by the City Council in September 2017, authorizing annual 4% increases to water and sewer rates approved through fiscal year 2022. A Gas rate study was completed in December 2020, which projected the financial position of the Gas Fund through 2025 and a cost-of-service analysis for each of the various class 18 of customer served. A new rate structure was established which was approved by the City Council in February 2021. A solid waste and recycling rate study update was completed in July 2021. This confirmed the current rate structure which was approved by the City Council in August 2019. Effective each October 1, rates will increase by 3.75% annually, through fiscal year 2024. A stormwater rate study update was completed in July 2021. This study confirmed the previous rate structure approved by the City Council in August 2019, authorizing no increases to stormwater rates approved through fiscal year 2023. Contacting the City’s Financial Management This financial report is designed to provide a general overview of the City’s finances for all those with an interest in our government and to show the City’s accountability for the money it receives. Questions concerning any of the information provided in this report or requests for additional financial information should be addressed to: City of Clearwater, Finance Department, 100 South Myrtle Avenue, Clearwater, Florida 33756-5520. 19 Basic Financial Statements Governmental Business-type Activities Activities Total ASSETS Cash and investments $ 276,602,765 $ 308,985,368 $ 585,588,133 Receivables (net) 8,105,393 16,409,328 24,514,721 Internal balances 1,573,839 (1,573,839) - Due from other governments 5,583,508 1,356,949 6,940,457 Prepaid items 2,752,489 220,402 2,972,891 Inventories 433,591 3,325,129 3,758,720 Restricted assets: Cash and investments - 28,858,086 28,858,086 Net pension asset 239,112,529 32,370,428 271,482,957 Capital assets: Land 92,280,967 30,829,028 123,109,995 Buildings 84,953,024 69,534,582 154,487,606 Improvements other than buildings 24,152,316 315,053,109 339,205,425 Machinery and equipment 31,307,778 8,571,354 39,879,132 Infrastructure 41,347,308 - 41,347,308 Construction in progress 27,180,485 11,193,368 38,373,853 Total assets 835,385,992 825,133,292 1,660,519,284 DEFERRED OUTFLOWS OF RESOURCES Deferred outflows - bond refunding - 9,240,649 9,240,649 Deferred outflows - pension 17,848,522 2,431,586 20,280,108 Deferred outflows - other postemployment benefits 1,434,099 633,699 2,067,798 Total deferred outflows of resources 19,282,621 12,305,934 31,588,555 LIABILITIES Accounts payable and other current liabilities 7,125,665 9,538,524 16,664,189 Accrued liabilities 5,352,795 1,688,299 7,041,094 Accrued interest payable 72,534 16,688 89,222 Due to other governments 803,817 - 803,817 Deposits 15,300 85,504 100,804 Unearned revenue and liens 11,310,958 - 11,310,958 Payable from restricted assets: Construction contracts payable - 1,380,274 1,380,274 Accrued interest payable - 1,891,279 1,891,279 Customer deposits - 9,109,802 9,109,802 Revenue bonds payable - 4,785,000 4,785,000 Non-current liabilities due within one year: Compensated absences 4,999,471 1,235,336 6,234,807 Capital lease purchases payable 5,406,861 360,070 5,766,931 Revenue bonds payable 295,000 1,455,000 1,750,000 Claims payable 3,930,400 - 3,930,400 Long-term debt and liabilities: Compensated absences 4,518,326 1,116,450 5,634,776 Other postemployment benefits 19,086,503 8,433,905 27,520,408 Capital lease purchases payable 7,380,273 532,753 7,913,026 Revenue bonds payable 3,530,547 149,016,441 152,546,988 Claims payable 6,136,800 - 6,136,800 Total liabilities 79,965,250 190,645,325 270,610,575 DEFERRED INFLOWS OF RESOURCES Deferred inflows - business tax receipts 1,548,048 - 1,548,048 Deferred inflows - pension 141,212,703 19,238,045 160,450,748 Deferred inflows - other postemployment benefits 4,777,684 2,111,155 6,888,839 Total deferred inflows of resources 147,538,435 21,349,200 168,887,635 NET POSITION Net investment in capital assets 283,538,240 285,263,520 568,801,760 Restricted for: Capital projects 54,310,590 - 54,310,590 Debt service 453,556 8,230,812 8,684,368 Renewal and replacement - 5,543,751 5,543,751 Grant programs 1,166,989 - 1,166,989 Impact fees - 2,702,168 2,702,168 Stormwater system fees - 14,318 14,318 Pensions 239,112,529 32,370,428 271,482,957 Unrestricted 48,583,024 291,319,704 339,902,728 Total net position $ 627,164,928 $ 625,444,701 $ 1,252,609,629 The notes to the financial statements are an integral part of this statement. Primary Government City of Clearwater, Florida Statement of Net Position September 30, 2021 20 Program RevenuesOperating Primary Government Charges for Grants and Capital Grants & Governmental Business-TypeFunctions/Programs Expenses Services Contributions Contributions Activities Activities TotalPrimary government:Governmental activities:General government 12,019,799$ 25,751,724$ -$ 124,990$ 13,856,915$ -$ 13,856,915$ Public safety 37,948,749 13,858,445 5,834,986 - (18,255,318) - (18,255,318) Physical environment 3,077,088 83,202 - 245,726 (2,748,160) - (2,748,160) Transportation 12,246,726 156,591 405,978 834,765 (10,849,392) - (10,849,392) Economic environment 4,544,782 124,247 4,261,695 - (158,840) - (158,840) Human services 504,873 - 346,821 - (158,052) - (158,052) Culture and recreation 38,751,718 6,420,627 1,689,994 1,389,929 (29,251,168) - (29,251,168) Interest on long-term debt 528,347 - - - (528,347) - (528,347) Total governmental activities 109,622,082 46,394,836 12,539,474 2,595,410 (48,092,362) - (48,092,362) Business-type activities:Water & Sewer Utility 72,634,192 96,837,243 - 1,703,719 - 25,906,770 25,906,770 Gas Utility 37,232,595 43,033,924 - - - 5,801,329 5,801,329 Solid Waste Utility 22,061,698 26,501,409 - - - 4,439,711 4,439,711 Stormwater Utility 13,383,590 17,434,446 - 84,000 - 4,134,856 4,134,856 Recycling Utility 3,282,369 3,032,107 83,232 - - (167,030) (167,030) Marine 4,548,519 5,896,353 - - - 1,347,834 1,347,834 Aviation 518,298 313,931 - 757,953 - 553,586 553,586 Parking System 5,831,632 10,721,233 - - - 4,889,601 4,889,601 Clearwater Harbor Marina 1,125,464 892,899 - - - (232,565) (232,565) Total business-type activities 160,618,357 204,663,545 83,232 2,545,672 - 46,674,092 46,674,092 Total primary government 270,240,439$ 251,058,381$ 12,622,706$ 5,141,082$ (48,092,362) 46,674,092 (1,418,270) General revenues: Taxes: Property taxes 73,092,866 - 73,092,866 Sales taxes 22,841,758 - 22,841,758 Utility taxes 17,745,583 - 17,745,583 Communications services taxes 4,174,817 - 4,174,817 Local business tax 2,127,380 - 2,127,380 Local option gas tax 1,438,852 - 1,438,852 Intergovernmental: State revenue sharing - unrestricted 4,274,388 - 4,274,388 Investment earnings (loss) (641,547) (993,609) (1,635,156) Miscellaneous 303,880 - 303,880 Transfers 10,543,235 (10,543,235) - Total general revenues and transfers 135,901,212 (11,536,844) 124,364,368 Change in net position 87,808,850 35,137,248 122,946,098 Net position - beginning 539,356,078 590,307,453 1,129,663,531 Net position - ending 627,164,928$ 625,444,701$ 1,252,609,629$ The notes to the financial statements are an integral part of this statement.City of Clearwater, FloridaStatement of ActivitiesFor the Year Ended September 30, 2021 Net (Expense) Revenue and Changes in Net Position21 Special Special Capital Other Totals General Development Programs Improvement Governmental Governmental Fund Fund Fund Fund Funds Funds ASSETS Cash and investments $ 71,510,336 $ 12,145,021 $ 28,376,937 $ 61,437,395 $ 11,683,191 $185,152,880 Receivables (net where applicable, of allowances for estimated uncollectible amounts): Accrued interest 204,280 66,979 21,298 31,247 11,697 335,501 Accounts and contracts 554,915 - - - - 554,915 Mortgages, notes and other loans - - 2,210,321 - 2,060,412 4,270,733 Property taxes 83,146 6,536 - - - 89,682 Utility taxes 1,307,218 - - - - 1,307,218 Franchise fees 1,034,242 - - - - 1,034,242 Other 31,051 - 1,100 - - 32,151 Due from other funds - - - 2,054,002 - 2,054,002 Due from other funds (deficit in pooled cash)- - - 198,186 - 198,186 Due from other governmental entities - grants - - 280,359 - - 280,359 Due from other governmental entities - other 2,413,744 2,741,396 148,009 - - 5,303,149 Inventories, at cost 45,681 - - - - 45,681 Prepaid items 800 - - - - 800 Advances to other funds - - 325,440 6,436,563 - 6,762,003 Total assets $ 77,185,413 $ 14,959,932 31,363,464 $ 70,157,393 $ 13,755,300 $207,421,502 LIABILITIES Accounts and contracts payable $ 1,512,144 $ - 484,902 $ 2,690,666 $ 23,426 $ 4,711,138 Accrued payroll 4,699,347 - 113,174 1,790 - 4,814,311 Due to other funds 59,410 - - - - 59,410 Due to other governments 80,003 675,814 - - 48,000 803,817 Deposits 15,300 - - - - 15,300 Unearned revenue 254,346 - 11,247,153 - - 11,501,499 Advances from other funds 192,440 - - - 325,440 517,880 Total liabilities 6,812,990 675,814 11,845,229 2,692,456 396,866 22,423,355 DEFERRED INFLOWS OF RESOURCES Deferred inflows - business tax receipts 1,548,048 - - - - 1,548,048 Deferred inflows - property taxes 83,146 6,536 - - - 89,682 Deferred inflows - code enforcement liens 316,303 - - - - 316,303 Deferred inflows - mortgage notes - - 2,210,321 - 2,060,412 4,270,733 Deferred inflows - intergovernmental revenues - - 136,296 - - 136,296 Total deferred inflows of resources 1,947,497 6,536 2,346,617 - 2,060,412 6,361,062 FUND BALANCES Nonspendable inventories and prepaid items 46,481 - - - - 46,481 Restricted - 9,072,697 11,211,375 44,633,113 11,298,022 76,215,207 Committed - - 1,765,319 22,831,824 - 24,597,143 Assigned 629,770 5,204,885 4,194,924 - - 10,029,579 Unassigned 67,748,675 - - - - 67,748,675 Total fund balances 68,424,926 14,277,582 17,171,618 67,464,937 11,298,022 178,637,085 Total liabilities, deferred inflows and fund balances $ 77,185,413 $14,959,932 $ 31,363,464 $ 70,157,393 $ 13,755,300 $207,421,502 The notes to the financial statements are an integral part of this statement. City of Clearwater, Florida Balance Sheet Governmental Funds September 30, 2021 22 Total fund balances of governmental funds 178,637,085$ Capital assets used in governmental activities are not financial resources and, therefore, are not reported in the funds. The cost of the assets totals $628,465,758 and the accumulated depreciation totals $327,243,880.301,221,878 Unavailable revenues that are not available as financial resources in the current period and therefore are not recognized in the funds: Deferred inflows - mortgage notes 4,270,733$ Deferred inflows - intergovernmental revenues 136,296 Accrued property taxes 89,682 Accrued liens 552,273 Accrued permit fees 18,377 5,067,361 The net pension asset related to governmental activities does not represent financial resources and is not reported in the funds. Deferred outflows relating to deferred amounts on refundings, pensions, and OPEB are not financial resources and, therefore, are not reported in the funds 19,282,621 Deferred inflows relating to pensions and other postemployment benefits are not current liabilities or financial uses and, therefore, are not reported in the funds (145,990,387) Accrued pollution remediation obligation expenses are not financial uses and, therefore, are not reported in the funds. Accrued general long-term debt interest expenses are not financial uses and, therefore, are not reported in the funds. The assets and liabilities of the internal service funds (funds used to charge the costs of certain activities to individual funds) are included in the governmental activities in the statement of net position. Net position of internal service funds 97,842,808 Less: Capital assets included in total governmental capital assets above (30,580,575) Less: Net pension asset included in total governmental net pension asset above (10,610,157) Less: Deferred outflows included in total governmental above (972,419) Add: Deferred inflows included in total governmental above 6,890,096 Add: Capital lease purchases payable included in total governmental below 11,197,908 Add: Compensated absences included in total governmental below 999,402 Add: Other post-employment benefits included in total governmental below 2,334,556 Less: Adjustment to reflect the consolidation of internal service fund activities related to enterprise funds 75,262,986 Long-term liabilities, including bonds payable, are not due and payable in the current period and, accordingly, are not reported in the funds. Long-term liabilities at year-end consist of: Bonds payable (3,775,000) Add: Issuance premium (to be amortized as a reduction of interest expense) (50,547) Capital lease purchases payable (12,787,134) Other post-employment benefits (19,086,503) Compensated absences (9,517,797) (45,216,981) Total net position of governmental activities 627,164,928$ The notes to the financial statements are an integral part of this statement. City of Clearwater, Florida Reconciliation of the Balance Sheet of Governmental Funds to the Statement of Net Position September 30, 2021 (1,838,633) 239,112,529 (195,420) (16,744) 23 Special Special Capital Other Total General Development Programs Improvement Governmental Governmental Fund Fund Fund Fund Funds Funds REVENUES Taxes: Property $ 69,613,078 $ 3,482,857 $ - $ - $ - $ 73,095,935 Sales - 14,296,517 - - - 14,296,517 Utility 17,745,583 - - - - 17,745,583 Communications services 4,174,817 - - - - 4,174,817 Other taxes 2,127,380 1,438,852 - - - 3,566,232 Total taxes 93,660,858 19,218,226 - - - 112,879,084 Franchise fees 10,355,287 - - - - 10,355,287 Licenses, permits, and fees 3,905,334 1,359,500 - - 5,264,834 Intergovernmental: Federal - - 725,343 - 538,784 1,264,127 State 16,036,974 - 1,361,655 - 1,393,727 18,792,356 Local 10,388,940 - 2,327,561 950,000 2,718,961 16,385,462 Total intergovernmental 26,425,914 - 4,414,559 950,000 4,651,472 36,441,945 Charges for services 15,659,883 - 1,446,063 - - 17,105,946 Fines and forfeitures 1,688,182 - 619,657 - - 2,307,839 Investment earnings (loss): Interest 543,089 366,614 169,195 62,498 81,818 1,223,214 Net appreciation (depreciation) in fair value (728,075) (601,189) (204,671) 26,122 (102,827) (1,610,640) Total investment earnings (loss) (184,986) (234,575) (35,476) 88,620 (21,009) (387,426) Rents and leases 2,048,323 2,048,323 Miscellaneous 789,161 - 214,756 56,000 76,660 1,136,577 Total revenues 154,347,956 20,343,151 6,659,559 1,094,620 4,707,123 187,152,409 EXPENDITURES Current: General government 12,829,002 - 205,996 212,981 - 13,247,979 Public safety 78,520,554 - 2,098,880 552,751 - 81,172,185 Physical environment 3,535,334 - 25,710 83,402 - 3,644,446 Transportation 5,982,807 - - 2,444,265 - 8,427,072 Economic environment 2,213,551 - 937,322 - 1,560,042 4,710,915 Human services 206,089 - 388,801 - - 594,890 Culture and recreation 31,834,429 - 132,477 3,250,636 - 35,217,542 Debt service: Principal - - - - 1,616,948 1,616,948 Interest & fiscal charges - - - - 259,548 259,548 Capital outlay - - 65,765 18,963,326 - 19,029,091 Total expenditures 135,121,766 - 3,854,951 25,507,361 3,436,538 167,920,616 Excess (deficiency) of revenues over (under) expenditures 19,226,190 20,343,151 2,804,608 (24,412,741) 1,270,585 19,231,793 OTHER FINANCING SOURCES (USES) Transfers in 12,554,277 - 906,104 24,279,470 7,331,099 45,070,950 Transfers out (12,691,510) (17,657,860) (954,642) (1,809,144) (7,240,975) (40,354,131) Proceeds from the sale of capital assets 575 - 1,090 10,726 525,000 537,391 Total other financing sources (uses) (136,658) (17,657,860) (47,448) 22,481,052 615,124 5,254,210 Net change in fund balances 19,089,532 2,685,291 2,757,160 (1,931,689) 1,885,709 24,486,003 Fund balances - beginning 49,335,394 11,592,291 14,414,458 69,396,626 9,412,313 154,151,082 Fund balances - ending $ 68,424,926 $ 14,277,582 $ 17,171,618 $ 67,464,937 $ 11,298,022 $ 178,637,085 The notes to the financial statements are an integral part of this statement. City of Clearwater, Florida Statement of Revenues, Expenditures, and Changes in Fund Balances Governmental Funds For the Year Ended September 30, 2021 24 Net change in fund balances - total governmental funds 24,486,003$ Amounts reported for governmental activities in the Statement of Activities are different because: Governmental funds report capital outlays as expenditures while governmental activities report depreciation expense to allocate those costs over the life of the assets. This is the amount by which capital outlays exceeded depreciation in the current period. Expenditures for capital assets 20,091,598$ Less current year depreciation (12,295,391) 7,796,207 The net book value of capital asset dispositions is reported in the Statement of Activities but does not require the use of current financial resources and therefore is not reported in the funds.(523,433) Deferred outflows and deferred inflows are not current resources or uses of current financial resources and consequently are not reported in the funds: Current year change in deferred outflows (4,459,198) Current year change in deferred inflows (106,589,826) Repayment of long term debt principal is an expenditure in the governmental funds; however, the repayment reduces long-term liabilities in the Statement of Net Position. Current year amounts are: Revenue bond principal payments 845,000 Capital lease principal payments 771,948 1,616,948 Net pension asset is not a current financial resource and consequently is not reported in the funds; however, it is an asset in the Statement of Net Position. Current year change in the net pension asset 165,256,273 Liability for other post-employment benefits (OPEB) does not require the use of current financial resources and consequently is not reported in the funds; however, it is a liability in the Statement of Net Position. Current year change in the liability for other post-employment benefits (1,069,843) Some expenses reported in the Statement of Activities do not require the use of current financial resources and therefore are not reported as expenditures in the governmental funds: Current year change in compensated absences 374,885 Amortization of bond discounts and premiums 10,334 Current year change in pollution remediation obligation 54,132 Current year change in accrued interest expense 3,168 442,519 Revenues in the statement of activities that do not provide current financial resources are not reported as revenues in the funds: Current year change in deferred inflows - mortgage notes (292,460) Current year change in deferred inflows - intergovernmental revenues 136,296 Current year change in accrued property taxes receivable (3,069) Current year change in accrued liens receivable (20,295) Current year change in deferred permit fees 1,800 The net revenues of internal service funds (funds used to charge the costs of certain activities to individual funds) for governmental activities are reported in the Statement of Activities but not in the governmental funds.1,030,928 Total change in net position of governmental activities 87,808,850$ The notes to the financial statements are an integral part of this statement. City of Clearwater, Florida Reconciliation of the Statement of Revenues, Expenditures, and Changes in Fund Balances of Governmental Funds For the Year Ended September 30, 2021 to the Statement of Activities 25 Variance with Actual Final Budget Original Final Amounts Positive (Negative) Taxes: Property $ 68,492,140 $ 69,606,903 $ 69,613,078 $ 6,175 Utility taxes 15,230,000 17,380,000 17,745,583 365,583 Communications services 4,355,000 4,085,000 4,174,817 89,817 Other taxes 1,995,000 1,995,000 2,127,380 132,380 Total taxes 90,072,140 93,066,903 93,660,858 593,955 Franchise fees 10,104,770 10,264,770 10,355,287 90,517 Licenses, permits, and fees 2,309,000 3,734,000 3,905,334 171,334 Intergovernmental: Federal - - - - State 9,872,110 14,728,603 16,036,974 1,308,371 Local 8,990,800 10,433,500 10,388,940 (44,560) Total intergovernmental 18,862,910 25,162,103 26,425,914 1,263,811 Charges for services 15,780,380 15,410,380 15,659,883 249,503 Fines and forfeitures 1,354,000 1,624,000 1,688,182 64,182 Investment earnings (loss): Interest 650,000 450,000 543,088 93,088 Net appreciation (depreciation) in fair value - - (728,075) (728,075) Total investment earnings (loss)650,000 450,000 (184,987) (634,987) Rents and leases 1,420,000 1,770,000 2,048,323 278,323 Miscellaneous 573,956 573,956 789,161 215,205 Total revenues 141,127,156 152,056,112 154,347,955 2,291,843 EXPENDITURES General government City Council 358,441 358,441 336,782 21,659 City Manager's Office 1,274,390 1,274,444 1,150,635 123,809 City Attorney's Office 1,809,585 1,809,657 1,756,433 53,224 Official Records & Legislative Services 1,215,681 1,215,729 1,035,801 179,928 Public Communications 1,196,190 1,196,256 1,031,959 164,297 Finance 2,637,681 2,637,861 2,465,472 172,389 Human Resources 1,335,845 1,335,947 1,167,850 168,097 Non-Departmental 1,235,018 2,280,906 2,167,379 113,527 Engineering 97,044 97,044 86,933 10,111 Planning 1,669,947 1,669,947 1,480,022 189,925 City Auditor's Office 226,432 226,444 149,736 76,708 Total general government 13,056,254 14,102,676 12,829,002 1,273,674 Public safety Police 46,690,209 46,721,450 44,818,409 1,903,041 Fire 29,216,901 29,404,287 29,336,864 67,423 Development & Neighborhood Services 4,480,175 4,480,175 4,365,281 114,894 Total public safety 80,387,285 80,605,912 78,520,554 2,085,358 Physical environment Engineering 2,878,963 2,878,963 2,579,014 299,949 Parks and Recreation 1,012,534 1,012,534 956,320 56,214 Total physical environment 3,891,497 3,891,497 3,535,334 356,163 Transportation Engineering 4,843,440 4,870,230 4,766,403 103,827 Parks and Recreation 1,413,662 1,400,088 1,216,404 183,684 Total transportation 6,257,102 6,270,318 5,982,807 287,511 Economic environment CRA Administration 468,480 468,510 488,796 (20,286) Economic Development 1,815,718 1,815,784 1,724,755 91,029 Total economic environment 2,284,198 2,284,294 2,213,551 70,743 Human Services Human Resources / Equity Services 226,233 226,233 206,089 20,144 Total human services 226,233 226,233 206,089 20,144 Culture and recreation Parks and Recreation 25,301,281 25,005,479 23,366,084 1,639,395 Library 7,865,965 7,865,965 7,336,305 529,660 Marine 1,221,101 1,221,149 1,132,040 89,109 Total culture and recreation 34,388,347 34,092,593 31,834,429 2,258,164 Total expenditures 140,490,916 141,473,523 135,121,766 6,351,757 Excess (deficiency) of revenues over (under) expenditures 636,240 10,582,589 19,226,189 8,643,600 OTHER FINANCING SOURCES (USES) Transfers in 11,052,684 12,265,809 12,554,278 288,469 Transfers out (11,688,924) (12,942,308) (12,691,510) 250,798 Proceeds from sale of capital assets - - 575 575 Total other financing sources (uses) (636,240) (676,499) (136,657) 539,842 Excess (deficiency) of revenues and other financing sources over (under) expenditures and other financing uses Fund balances - beginning 49,335,394 49,335,394 49,335,394 - Fund balances - ending $ 49,335,394 $ 59,241,484 $ 68,424,926 $ 9,183,442 The notes to the financial statements are an integral part of this statement. Budgeted Amounts 9,183,442 City of Clearwater, Florida Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual General Fund For the Year Ended September 30, 2021 REVENUES - 9,906,090 19,089,532 26 Variance with Final Budget Actual Positive Original Final Amounts (Negative) REVENUES Taxes: Property $ 3,426,420 $ 3,482,547 $ 3,482,857 $ 310 Sales 11,771,980 12,771,980 14,296,517 1,524,537 Other taxes 1,500,000 1,500,000 1,438,852 (61,148) Total taxes 16,698,400 17,754,527 19,218,226 1,463,699 Licenses, permits, and fees 150,000 1,259,502 1,359,500 99,998 Investment earnings (loss): Interest 550,000 305,000 366,614 61,614 Net appreciation (depreciation) in fair value - - (601,189) (601,189) Total investment earnings (loss) 550,000 305,000 (234,575) (539,575) Total revenues 17,398,400 19,319,029 20,343,151 1,024,122 EXPENDITURES Total expenditures - - - - Excess of revenues over expenditures 17,398,400 19,319,029 20,343,151 1,024,122 OTHER FINANCING SOURCES (USES) Transfers in - - - - Transfers out (17,361,860) (17,657,860) (17,657,860) - Total other financing sources (uses) (17,361,860) (17,657,860) (17,657,860) - Excess (deficiency) of revenues and other financing sources over (under) expenditures and other financing uses 36,540 1,661,169 2,685,291 1,024,122 Fund balances - beginning 11,592,291 11,592,291 11,592,291 - Fund balances - ending $ 11,628,831 $ 13,253,460 $ 14,277,582 $ 1,024,122 The notes to the financial statements are an integral part of this statement. For the Year Ended September 30, 2021 Budgeted Amounts City of Clearwater, Florida Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual (GAAP Basis) Special Development Fund 27 Water Solid Waste and Sewer Gas & Recycling Utility Utility Utility ASSETS Current assets: Cash and investments $ 160,821,090 $ 27,536,490 $ 40,352,917 Accrued interest receivable 173,702 31,305 39,350 Accounts and contracts receivable: Billed 4,325,207 1,071,134 1,190,909 Unbilled charges estimated 3,646,600 1,770,400 1,262,198 7,971,807 2,841,534 2,453,107 Less: Allowance for uncollectable accounts (25,010) (16,919) (1,128) Total receivables, net 7,946,797 2,824,615 2,451,979 Other receivables 39,703 749,935 - Due from other funds - - - Due from other governments 1,106,694 72,247 - Inventories, at cost 1,149,392 2,128,613 - Prepaid expenses and other assets 220,384 18 - Total current assets - unrestricted 171,457,762 33,343,223 42,844,246 Current assets - restricted: Restricted cash and investments 10,690,702 3,608,528 1,275,272 Total current assets - restricted 10,690,702 3,608,528 1,275,272 Total current assets 182,148,464 36,951,751 44,119,518 Noncurrent assets: Restricted: Restricted cash and investments 10,016,419 300,000 - Advances to other funds - - - Net pension asset 11,771,065 6,668,470 8,018,363 Capital assets: Land and other nondepreciable assets 10,525,986 866,749 1,539,634 Capital assets, net of accumulated depreciation 201,810,353 98,539,001 19,954,287 Total noncurrent assets 234,123,823 106,374,220 29,512,284 Total assets 416,272,287 143,325,971 73,631,802 DEFERRED OUTFLOWS OF RESOURCES Deferred outflows - bond refunding 8,552,237 185,221 - Deferred outflows - pension 884,213 500,919 602,320 Deferred outflows - other postemployment benefits 220,262 123,613 150,040 Total deferred outflows of resources 9,656,712 809,753 752,360 The notes to the financial statements are an integral part of this statement. City of Clearwater, Florida Statement of Net Position Proprietary Funds September 30, 2021 Business-type Enterprise 28 Governmental Activities - Stormwater Other Internal Service Utility Funds Total Funds $ 46,460,834 $33,814,037 $308,985,368 $ 91,449,885 47,266 31,160 322,783 93,218 734,217 - 7,321,467 - 1,341,800 - 8,020,998 - 2,076,017 - 15,342,465 - (2,501) - (45,558) - 2,073,516 - 15,296,907 - - - - 789,638 189,547 - - - 337,264 - 178,008 1,356,949 - - 47,124 3,325,129 387,910 - - 220,402 2,751,689 48,581,616 34,070,329 330,297,176 95,209,513 1,591,853 - 17,166,355 - 1,591,853 - 17,166,355 - 50,173,469 34,070,329 347,463,531 95,209,513 1,375,312 - 11,691,731 - - - - 2,196,699 3,428,728 2,483,802 32,370,428 10,610,157 25,106,801 3,983,226 42,022,396 729,591 47,767,304 25,088,100 393,159,045 29,850,984 77,678,145 31,555,128 479,243,600 43,387,431 127,851,614 65,625,457 826,707,131 138,596,944 503,191 - 9,240,649 - 257,557 186,577 2,431,586 797,008 58,436 81,348 633,699 175,411 819,184 267,925 12,305,934 972,419 (Continued) Activities Funds 29 Water Solid Waste and Sewer Gas & Recycling Utility Utility Utility City of Clearwater, Florida Statement of Net Position Proprietary Funds September 30, 2021 Business-type Enterprise LIABILITIES Current liabilities: Accounts and contracts payable 4,758,063 2,723,170 905,224 Accrued payroll 622,448 341,394 402,888 Accrued interest payable 6,860 5,112 4,487 Deposits - - - Unearned revenue and liens - - - Current portion of long-term liabilities: Compensated absences 409,048 334,379 272,898 Revenue bonds 686,667 650,833 - Capital lease purchases payable 210,921 103,428 - Due to other funds 38,302 - 518,148 Claims payable - - - Total current liabilities (payable from current assets) 6,732,309 4,158,316 2,103,645 Current liabilities (payable from restricted assets): Construction contracts payable 1,380,274 - - Accrued interest payable 1,575,337 16,589 - Current portion of long-term liabilities, revenue bonds 3,433,333 59,167 - Customer deposits 4,301,758 3,532,772 1,275,272 Total current liabilities (payable from restricted assets) 10,690,702 3,608,528 1,275,272 Total current liabilities 17,423,011 7,766,844 3,378,917 Noncurrent liabilities: Compensated absences 369,682 302,198 246,636 Other postemployment benefits 2,931,474 1,645,170 1,996,881 Revenue bonds (net of unamortized premiums/discounts) 121,906,920 7,165,000 - Capital lease purchases payable 507,012 25,741 - Advances from other funds 78,963 - 2,777,059 Claims payable - - - Total noncurrent liabilities 125,794,051 9,138,109 5,020,576 Total liabilities 143,217,062 16,904,953 8,399,493 DEFERRED INFLOWS OF RESOURCES Deferred inflows - pension 6,995,653 3,963,133 4,765,388 Deferred inflows - other postemployment benefits 733,799 411,815 499,855 Total deferred inflows of resources 7,729,452 4,374,948 5,265,243 NET POSITION Net investment in capital assets 91,957,114 91,267,006 21,465,076 Restricted for: Revenue bond debt service and sinking fund requirements 5,503,833 59,167 - Revenue bond renewal and replacement requirements 5,243,751 300,000 - Water and sewer impact fees 2,702,168 - - Stormwater system fees - - - Pensions 11,771,065 6,668,470 8,018,363 Unrestricted 157,804,554 24,561,180 31,235,987 Total net position $ 274,982,485 $122,855,823 $ 60,719,426 The notes to the financial statements are an integral part of this statement. 30 Governmental Activities - Stormwater Other Internal Service Utility Funds Total Funds Activities Funds 585,360 566,707 9,538,524 2,219,106 152,691 168,878 1,688,299 538,484 213 16 16,688 55,791 - 85,504 85,504 - - - - 63,806 130,414 88,597 1,235,336 524,962 117,500 - 1,455,000 - 42,517 3,204 360,070 4,696,058 - - 556,450 1,775,406 - - - 3,930,400 1,028,695 912,906 14,935,871 13,804,013 - - 1,380,274 - 299,353 - 1,891,279 - 1,292,500 - 4,785,000 - - - 9,109,802 - 1,591,853 - 17,166,355 - 2,620,548 912,906 32,102,226 13,804,013 117,863 80,071 1,116,450 474,440 777,727 1,082,653 8,433,905 2,334,556 19,944,521 - 149,016,441 - - - 532,753 6,501,850 - - 2,856,022 5,584,800 - - - 6,136,800 20,840,111 1,162,724 161,955,571 21,032,446 23,460,659 2,075,630 194,057,797 34,836,459 2,037,724 1,476,147 19,238,045 6,305,715 194,679 271,007 2,111,155 584,381 2,232,403 1,747,154 21,349,200 6,890,096 51,831,264 28,743,060 285,263,520 19,188,114 2,667,812 - 8,230,812 - - - 5,543,751 - - - 2,702,168 - 14,318 - 14,318 - 3,428,728 2,483,802 32,370,428 10,610,157 45,035,614 30,843,736 289,481,071 68,044,537 $ 102,977,736 $62,070,598 623,606,068 $ 97,842,808 Net position of business-type activities $ 625,444,701 1,838,633 Adjustment to reflect consolidation of internal service fund activities related to enterprise funds 31 Water Solid Waste and Sewer Gas & Recycling Utility Utility Utility Operating revenues: Sales to customers $ 95,827,353 $39,679,201 $ 28,594,309 Service charges to customers 246,949 2,050,551 - User charges to customers - - - Billings to departments - - - Rentals 78,707 - 345,920 Other 684,234 1,304,172 593,287 Total operating revenues 96,837,243 43,033,924 29,533,516 Operating expenses: Personal services 13,609,067 7,124,642 8,544,495 Purchases for resale 7,285,333 14,147,763 - Operating materials and supplies 4,935,303 1,118,914 464,847 Transportation 1,213,846 831,186 5,242,649 Utility service 3,199,081 197,218 146,695 Dumping charges 16,851 - 5,033,723 Depreciation 13,605,210 3,920,353 1,472,547 Interfund administrative charges 6,727,430 2,874,080 1,629,010 Other current charges: Professional fees 4,388,379 823,100 209,042 Advertising and marketing 31,134 1,785,176 62,202 Communications 169,417 146,189 97,037 Printing and binding 1,602 13,701 8,610 Insurance 518,340 198,730 85,110 Repairs and maintenance 9,852,810 347,268 194,745 Rentals 245,286 11,631 2,820 Miscellaneous 298,151 275,397 108,705 Data processing charges 998,010 576,640 272,660 Taxes - 2,104,085 10,198 Total other current charges 16,503,129 6,281,917 1,051,129 Total operating expenses 67,095,250 36,496,073 23,585,095 Operating income (loss) 29,741,993 6,537,851 5,948,421 The notes to the financial statements are an integral part of this statement. Enterprise City of Clearwater, Florida Statement of Revenues, Expenses, and Changes in Net Position Proprietary Funds For the Year Ended September 30, 2021 Business-type 32 Governmental Activities - Stormwater Other Internal Service Utility Funds Total Funds $ 16,936,346 $ 13,203,379 $194,240,588 $ - - - 2,297,500 - - 169,880 169,880 - - - - 59,493,474 42,897 3,399,189 3,866,713 29,840 269,525 1,051,968 3,903,186 984,709 17,248,768 17,824,416 204,477,867 60,508,023 3,513,020 3,730,404 36,521,628 11,360,420 - 2,326,825 23,759,921 4,003,341 115,859 168,517 6,803,440 1,123,055 1,004,775 144,979 8,437,435 305,912 58,183 597,091 4,198,268 431,222 109,593 - 5,160,167 - 3,691,659 1,066,508 23,756,277 10,961,516 1,530,520 1,322,140 14,083,180 264,160 359,334 972,817 6,752,672 10,185,743 - - 1,878,512 - 31,359 53,107 497,109 1,184,585 150 779 24,842 26,830 33,410 102,720 938,310 26,190,269 1,458,295 293,347 12,146,465 1,312,176 2,580 9,311 271,628 802,005 58,992 826,175 1,567,420 308,907 302,720 186,110 2,336,140 582,780 - 26,855 2,141,138 17,818 2,246,840 2,471,221 28,554,236 40,611,113 12,270,449 11,827,685 151,274,552 69,060,739 4,978,319 5,996,731 53,203,315 (8,552,716) (Continued) Activities Funds 33 Water Solid Waste and Sewer Gas & Recycling Utility Utility Utility Enterprise City of Clearwater, Florida Statement of Revenues, Expenses, and Changes in Net Position Proprietary Funds For the Year Ended September 30, 2021 Business-type Nonoperating revenues (expenses): Investment earnings (loss): Interest 1,036,853 181,885 232,241 Net appreciation (depreciation) in fair value (1,519,281) (302,118) (360,539) Total investment earnings (loss) (482,428) (120,233) (128,298) Interest expense (4,732,823) (275,987) (76,296) Grants - - 83,232 Gain (loss) on disposal of capital assets - - - Total nonoperating revenue (expenses) (5,215,251) (396,220) (121,362) Income (loss) before contributions and transfers 24,526,742 6,141,631 5,827,059 Capital grants and contributions 1,703,719 - - Transfers in 2,123,367 64,395 64,363 Transfers out (4,798,340) (3,284,867) (2,000,984) Change in net position 23,555,488 2,921,159 3,890,438 Net position - beginning 251,426,997 119,934,664 56,828,988 Total net position - ending $ 274,982,485 $122,855,823 $ 60,719,426 Change in Net Position of Proprietary Funds Adjustment to reflect the consolidation of internal service fund activities related to enterprise funds Change in net position of business-type activities (page 21) The notes to the financial statements are an integral part of this statement. 34 Governmental Activities - Stormwater Other Internal Service Utility Funds Total Funds Activities Funds 278,052 185,290 1,914,321 616,579 (442,473) (283,519) (2,907,930) (828,553) (164,421) (98,229) (993,609) (211,974) (746,176) (96) (5,831,378) (282,301) - - 83,232 - 185,678 - 185,678 614,086 (724,919) (98,325) (6,556,077) 119,811 4,253,400 5,898,406 46,647,238 (8,432,905) 84,000 757,953 2,545,672 124,990 45,245 73,686 2,371,056 6,009,008 (1,715,578) (1,114,522) (12,914,291) (182,592) 2,667,067 5,615,523 38,649,675 (2,481,499) 100,310,669 56,455,075 584,956,393 100,324,307 $ 102,977,736 $ 62,070,598 $623,606,068 $ 97,842,808 $ 38,649,675 (3,512,427) $ 35,137,248 35 Water Solid Waste and Sewer Gas & Recycling Utility Utility Utility CASH FLOWS FROM OPERATING ACTIVITIES Cash received from customers $ 96,983,947 $ 42,304,044 $ 29,564,220 Cash received from other funds - - - Cash payments to suppliers (25,575,363) (21,428,012) (6,434,329) Cash payments to employees (12,350,786) (7,263,697) (7,768,697) Cash payments to other funds (10,685,334) (4,907,140) (7,540,586) Net cash provided (used) by operating activities 48,372,464 8,705,195 7,820,608 CASH FLOWS FROM NONCAPITAL FINANCING ACTIVITIES Transfers from other funds 2,123,367 64,395 64,363 Transfers to other funds (4,798,340) (3,284,867) (2,000,984) Receipt of cash on loans to/from other funds - - 518,874 Payment of cash on loans to/from other funds (37,536) - (407,102) Cash received from granting agencies - - 83,232 Net cash provided (used) by noncapital financing activities (2,712,509) (3,220,472) (1,741,617) CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES Principal payments on debt (3,954,579) (789,690) - Interest paid (4,884,894) (271,836) (92,221) Acquisition of capital assets (3,944,011) (5,010,290) (585,338) Proceeds from sale of capital assets - - - Capital contributed by: Other governmental entities 5,754 - - Property owners 20,806 - - Developers 579,982 - - Net cash provided (used) by capital and related financing activities (12,176,942) (6,071,816) (677,559) CASH FLOWS FROM INVESTING ACTIVITIES Investment loss (525,384) (124,077) (135,775) Net cash provided (used) by investing activities (525,384) (124,077) (135,775) Net increase (decrease) in cash and cash equivalents 32,957,629 (711,170) 5,265,657 Cash and cash equivalents at beginning of year 148,570,582 32,156,188 36,362,532 Cash and cash equivalents at end of year $ 181,528,211 $ 31,445,018 $ 41,628,189 Cash and cash equivalents classified as: Cash and investments $160,821,090 $ 27,536,490 $ 40,352,917 Restricted cash and investments 20,707,121 3,908,528 1,275,272 Total cash and cash equivalents $ 181,528,211 $ 31,445,018 $ 41,628,189 The notes to the financial statements are an integral part of this statement. Enterprise City of Clearwater, Florida Statement of Cash Flows Proprietary Funds For the Year Ended September 30, 2021 Business-type 36 Governmental Activities - Stormwater Other Internal Service Utility Funds Total Funds $ 17,402,719 $ 17,826,150 $ 204,081,080 $ - - - - 60,389,087 (2,044,924) (4,809,227) (60,291,855) (40,241,854) (3,150,335) (3,326,657) (33,860,172) (10,096,600) (2,950,243) (1,986,001) (28,069,304) (5,637,767) 9,257,217 7,704,265 81,859,749 4,412,866 45,245 73,686 2,371,056 6,009,008 (1,715,578) (1,114,522) (12,914,291) (182,592) - - 518,874 5,561,253 - - (444,638) (727,410) - - 83,232 - (1,670,333) (1,040,836) (10,385,767) 10,660,259 (1,406,578) (3,156) (6,154,003) (4,982,360) (743,973) (80) (5,993,004) (245,902) (1,511,388) (966,268) (12,017,295) (9,275,249) - - - 697,120 625,377 601,456 1,232,587 - - - 20,806 - - - 579,982 - (3,036,562) (368,048) (22,330,927) (13,806,391) (172,509) (104,968) (1,062,713) (231,928) (172,509) (104,968) (1,062,713) (231,928) 4,377,813 6,190,413 48,080,342 1,034,806 45,050,186 27,623,624 289,763,112 90,415,079 $ 49,427,999 $ 33,814,037 $ 337,843,454 $ 91,449,885 $ 46,460,834 $ 33,814,037 $ 308,985,368 $ 91,449,885 2,967,165 - 28,858,086 - $ 49,427,999 $ 33,814,037 $ 337,843,454 $ 91,449,885 (Continued) Activities Funds 37 Water Solid Waste and Sewer Gas & Recycling Utility Utility Utility Enterprise City of Clearwater, Florida Statement of Cash Flows Proprietary Funds For the Year Ended September 30, 2021 Business-type Reconciliation of operating income (loss) to net cash provided by operating activities: Operating income (loss) $ 29,741,993 $ 6,537,851 $ 5,948,421 Adjustments to reconcile operating income (loss) to net cash provided by operating activities: Depreciation 13,605,210 3,920,353 1,472,547 Capitalized labor and materials (126,730) (842,778) - Change in assets, deferred outflows, liabilities and deferred inflows: (Increase) decrease in accounts receivable (200,950) (876,639) (46,136) (Increase) decrease in due from other governments (105,127) 43,328 - (Increase) decrease in inventory (15,128) (533,371) - (Increase) decrease in prepaid expenses 771,198 1,982 - (Increase) decrease in net pension asset (3,959,459) (2,397,765) (2,945,774) (Increase) decrease in deferred outflows 1,848,840 994,276 1,174,621 Increase (decrease) in accounts and contracts payable 2,894,066 (226,268) (406,862) Increase (decrease) in accrued payroll (90,175) (102,108) 14,481 Increase (decrease) in deposits 452,781 103,431 76,840 Increase (decrease) in unearned revenue - - - Increase (decrease) in other postemployment benefits 179,440 100,761 122,393 Increase (decrease) in deferred inflows 3,376,505 1,982,142 2,410,077 Total adjustments 18,630,471 2,167,344 1,872,187 Net cash provided by operating activities $ 48,372,464 $ 8,705,195 $ 7,820,608 Non-cash investing, capital and financing activities: Contributions from developers $ 387,675 $ - $ - The notes to the financial statements are an integral part of this statement. 38 Governmental Activities - Stormwater Other Internal Service Utility Funds Total Funds Activities Funds $ 4,978,319 $ 5,996,731 $ 53,203,315 $ (8,552,716) 3,691,659 1,066,508 23,756,277 10,961,516 - - (969,508) - 153,951 - (969,774) (137,168) - - (61,799) - - (6,574) (555,073) (28,408) - - 773,180 (483,857) (1,176,246) (771,916) (11,251,160) (3,564,395) 528,913 423,094 4,969,744 1,660,070 70,603 242,119 2,573,658 1,453,484 (35,609) 31,849 (181,562) (42,308) - 1,734 634,786 - - - - (63,805) 47,685 63,276 513,555 149,588 997,942 657,444 9,424,110 3,060,865 4,278,898 1,707,534 28,656,434 12,965,582 $ 9,257,217 $ 7,704,265 $ 81,859,749 $ 4,412,866 $- $ - $387,675 $124,990 39 Pension Custodial Trust Funds Fund ASSETS Cash and investments $ 220,967 $ 733,952 Receivables: Interest and dividends 3,554,680 498 Unsettled investment sales 21,731,113 - Securities lending earnings 28,682 - Due from others - 50,484 Total receivables 25,314,475 50,982 Managed investment accounts, at fair value: Cash and cash equivalents 36,241,351 - Government bonds 122,862,054 - Index linked government bonds 498,509 - Agency bonds 5,436,206 - Municipal bonds 3,392,339 - Domestic corporate bonds 121,679,935 - International equity securities 158,201,331 - Domestic stocks 354,260,843 - Mortgage backed bonds 102,700,327 - Government issued commercial mortgage backed bonds 92,862 - Asset backed securities 9,181,102 - Other/rights/warrants 32,977 - Domestic equity mutual funds 258,847,387 - International equity mutual funds 58,488,796 - Infrastructure 50,574,173 - Real estate 107,353,848 - Total managed investment accounts 1,389,844,040 - Securities lending collateral 166,594,183 - Total assets 1,581,973,665 784,934 LIABILITIES Accounts payable 935,535 22,857 Due to other funds (deficit in pooled cash) 198,186 - Unsettled investment purchases 41,563,837 - Other payables 529,416 - Obligations under securities lending 166,594,183 - Total liabilities 209,821,157 22,857 NET POSITION Restricted for: Pensions 1,372,152,508 - Individuals, organizations and other governments - 762,077 Total net position $ 1,372,152,508 $ 762,077 The notes to the financial statements are an integral part of this statement. City of Clearwater, Florida Statement of Fiduciary Net Position Fiduciary Funds September 30, 2021 40 Pension Custodial Trust Funds Fund ADDITIONS Contributions: Contributions from employer $ 11,917,353 $ - Contributions from employer - state tax 2,278,493 - Contributions from employees 8,013,951 - Individuals, organizations and other governments - 753,562 Total contributions 22,209,797 753,562 Investment earnings (loss): Net increase (decrease) in fair value of investments 225,893,860 - Interest, dividends and other 19,178,600 (589) Securities lending income 604,668 - Total investment earnings (loss) 245,677,128 (589) Less investment costs: Investment management / custodian fees (7,688,160) - Securities lending costs (211,518) - Net investment earnings (loss) 237,777,450 (589) Miscellaneous 103 - Total additions 259,987,350 752,973 DEDUCTIONS Benefits 62,005,887 - Refunds and transfers to other systems 1,222,375 - Administrative expenses 400,728 - Payments to individuals, organizaions and other governments - 648,396 Total deductions and administrative expenses 63,628,990 648,396 Net increase (decrease) in fiduciary net position 196,358,360 104,577 Fiduciary net position - beginning (as previously reported) 1,175,794,148 - Prior period restatement (See Note IV.I.) - 657,500 Fiduciary net position - beginning (as restated) 1,175,794,148 657,500 Fiduciary net position - ending $ 1,372,152,508 $ 762,077 The notes to the financial statements are an integral part of this statement. City of Clearwater, Florida Statement of Changes in Fiduciary Net Position Fiduciary Funds For the Year Ended September 30, 2021 41 City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2021 42 Note I – Summary of Significant Accounting Policies The City of Clearwater was first incorporated in 1915 and reestablished in 1923 as a municipal corporation by Chapter 9710, Special Laws of Florida, 1923, as amended. The City is a Florida municipal corporation governed by a five-member City Council including a mayor-council member. The City has an estimated population of 117,800 and is located in the four- county Tampa-St. Petersburg-Clearwater Metropolitan Statistical Area (MSA), which has an estimated population of 3,227,295. The financial statements of the City of Clearwater, Florida, reporting entity (City) have been prepared in accordance with generally accepted accounting principles (GAAP) as applied to governmental units. The Governmental Accounting Standards Board (GASB) is the standard-setting body for governmental accounting and financial reporting. The GASB periodically updates its codification of the existing Governmental Accounting and Financial Reporting standards which, along with subsequent GASB pronouncements (Statements and Interpretations), constitutes GAAP for governmental units. The City’s more significant accounting policies are described below. I.A. Financial Reporting Entity In evaluating the City as a reporting entity, management has included in the accompanying financial statements the City of Clearwater (the primary government) and its component units, entities for which the government is financially accountable. The City has adhered to the standards set forth in GASB Statement No. 14, as amended by GASB Statement No. 39, GASB Statement No. 61 and GASB Statement No. 90, in reporting the primary government (including blended component units), the reporting entity, and related organizations. Blended Component Unit – Clearwater Community Redevelopment Agency: Component units that meet the criteria for blended presentation are reported in a manner similar to that of the primary government itself. Accordingly, throughout this report, data presented for the primary government includes data of the following blended component unit. The Clearwater Community Redevelopment Agency (CRA) is a dependent special district created by Local Ordinance by authority of Chapter 163, Part III, of the Florida Statutes. Although it is legally separate, is reported as if it were part of the City (blended component unit) because the City Council serves as the governing board of the CRA, and City management has operational responsibility for the CRA. Therefore, financial statements for the CRA are included in the City’s annual comprehensive financial report as a governmental non-major special revenue fund and a governmental non-major capital projects fund. In accordance with Chapter 163.387(8), Florida Statutes, and Rule 10.556, Rules of the Auditor General, separate audited financial statements are available from the City of Clearwater Finance Department. Related Organization – Clearwater Housing Authority (CHA): CHA is a dependent special district created by General Law by authority of Chapter 421, Part I, Florida Statutes. As a public housing authority, CHA receives primary funding from the Federal Department of Housing and Urban Development (HUD). The City Council appoints the governing board; however, the City Council is not able to impose its will on the CHA, nor does the City have any responsibility for the budget, debt, financing deficits, or fiscal management of CHA. Consequently, it is not a component unit of the City of Clearwater. Separate audited financial statements of CHA as of March 31, 2021 are available from CHA. Related Organization – Downtown Development Board: The City of Clearwater serves as administrative agent for the Clearwater Downtown Development Board (DDB). The Downtown Development Board is an independent special district created by Special Act by authority of Chapter 189.031, Florida Statutes. The DDB is governed by a board elected by its members, levies ad valorem taxes (0.9700 mills for fiscal 2021) on downtown properties, and is not financially dependent upon the City. Consequently, it is not a component unit of the City of Clearwater. The DDB’s cash balance held by the City as administrative agent is reflected in the City’s fiduciary custodial fund. Separate audited financial statements of the DDB as of September 30, 2021 are available from the City of Clearwater Finance Department. Jointly governed organization – Florida Gas Utility: The City of Clearwater is a member of the Florida Gas Utility (FGU), a non-profit municipal public entity created for the primary purpose of reducing the costs of purchased gas for its members. FGU is a public body corporate and politic pursuant to Section 163.01, Florida Statutes (the Florida Interlocal Cooperation Act), as amended, and the Interlocal Agreement, dated September 1, 1989, which was subsequently amended by the City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2021 43 Amended Interlocal Agreement on June 1, 1992, amended and restated by the Amended and Restated Interlocal Agreement, dated July 1, 1996, then amended and restated by the Second Amended and Restated Interlocal Agreement, dated July 27, 1999, and then amended and restated by the Third Amended and Restated Interlocal Agreement dated March 25, 2011 (the Interlocal Agreement), executed and delivered among FGU and its members, which include municipalities, municipal utilities, and an interlocal agreement consisting of such entities. Due to the diverse needs of municipal utility systems, FGU established itself as a project-oriented agency. Under this structure, each member has the option to participate in a project. FGU has the authority to, among other things, plan, finance, acquire, construct, manage, operate, deliver, service, utilize, own, broker, exchange, and distribute natural gas, or other energy and energy services, pursuant to the Interlocal Agreement. As of September 30, 2021, FGU has 25 members. Separate audited financial statements of FGU as of September 30, 2021, are available from FGU. I.B. Basis of Presentation The City’s Basic Financial Statements contain three components: government-wide financial statements, fund financial statements, and notes to the financial statements. I.B.1. Government-wide financial statements. The government-wide financial statements report information on all of the nonfiduciary activities of the primary government and its component unit using the accrual basis of accounting, which is similar to the accounting used by private-sector businesses. Governmental activities, which normally are supported by taxes and intergovernmental revenues, are reported separately from business-type activities, which rely to a significant extent on fees and charges for support. The statement of net position presents information on all assets, deferred outflows of resources, liabilities, and deferred inflows of resources of the City. Net position is defined as the residual of all other elements presented in a statement of financial position. Net position is the difference between (a) assets and deferred outflows of resources and (b) liabilities and deferred inflows of resources. Changes in net position may serve as an indicator of whether the financial position of the City is improving or deteriorating. The statement of activities demonstrates the degree to which the direct expenses of a given function or segment are offset by program revenues. Direct expenses are those that are clearly identifiable with a specific function or segment. Program revenues include 1) charges to customers or applicants who purchase, use, or directly benefit from goods, services, or privileges provided by a given function or segment and 2) grants and contributions that are restricted to meeting the operational or capital requirements of a particular function or segment. The operating grants include operating-specific and discretionary (either operating or capital) grants while the capital grants column reflects capital-specific grants. Taxes and other items not properly included among program revenues are reported instead as general revenues. All revenues and expenses are reported as soon as the underlying transaction has occurred, regardless of when cash is received or paid. As a general rule, the effect of interfund activity has been eliminated from the government-wide financial statements. Exceptions to this general rule are payments-in-lieu of taxes and other interfund services provided and used. Elimination of these charges would distort the direct costs and program revenues reported for the various functions concerned. I.B.2. Fund financial statements. Separate financial statements are provided for governmental funds, proprietary funds, and fiduciary funds, even though the latter are excluded from the government-wide financial statements. An emphasis is on the major funds in either the governmental or business-type categories. Major individual governmental funds and major individual enterprise funds are reported as separate columns in the fund financial statements. Non-major funds (by category) are summarized into a single column. The City reports the following major governmental funds: The General Fund is the government’s primary operating fund. It accounts for all financial resources of the general government, except those required to be accounted for in another fund. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2021 44 The Special Development Fund is a special revenue fund used to account for impact fees, property taxes for road improvements, local option gas taxes, infrastructure taxes, and other revenues which are restricted legally or by City Council policy to be used for specific capital improvement projects. The Special Programs Fund is a special revenue fund used to account for grants and contributions, the use of which is restricted for certain programs. The Capital Improvement Fund is used to provide combined accounting presentation for all City capital improvement projects except those financed from proprietary funds or bond proceeds where bond ordinance provisions require the segregation of bond proceeds in separate funds. The City reports the following major enterprise funds: The Water and Sewer Utility enterprise fund is used to account for the financing, construction, operation, and maintenance of the water and sewer services of the City from charges made to users of the service. The Gas Utility enterprise fund is used to account for the financing, construction, operation, and maintenance of the gas services of the City from charges made to the users of the service. The Solid Waste & Recycling Utility enterprise fund is used to account for the financing, construction, operation, and maintenance of the solid waste and recycling services of the City from charges made to the users of the service. The Stormwater Utility enterprise fund is used to account for the financing, construction, operation, and maintenance of the stormwater management system of the City from charges assessed against each developed property. Proprietary funds distinguish operating revenues and expenses from nonoperating items. Operating revenues and expenses generally result from providing services and producing and delivering goods in connection with the proprietary fund’s principal ongoing operations. Operating expenses for proprietary funds include the cost of sales and service, administrative expenses, and depreciation on capital assets. All revenues and expenses not meeting this definition are reported as nonoperating revenues and expenses. Additionally, the City reports the following fund types: Internal service funds account for fleet management, information technology, telephone, employee relations, facilities management, radio communications, insurance, and risk management services provided to other City departments on a cost reimbursement basis. The Garage, Administrative Services, General Services, and Central Insurance funds primarily benefit governmental funds and are consequently included as governmental activities. Pension trust funds account for the financial operation and condition of the Employees’ Pension Plan, the Firefighters’ Relief and Pension Plan, the Police Supplemental Pension Plan, and the Firefighters’ Supplemental Pension Plan. The custodial fund accounts for the receipt, custody, and expenditure of monies held temporarily in an agency capacity for other parties. The pension trust funds and the custodial fund are fiduciary funds used to account for resources held for the benefit of parties outside the government. Fiduciary funds are not included in the government-wide financial statements because the resources of these funds are not available to support the City’s own programs. I.C. Measurement Focus and Basis of Accounting The government-wide financial statements are reported using the economic resources measurement focus and the accrual basis of accounting, as are the proprietary fund and fiduciary fund financial statements. Revenues are recorded when earned and expenses are recorded when a liability is incurred, regardless of the timing of related cash flows. Property taxes City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2021 45 are recognized as revenues in the year for which they are levied. Grants and similar items are recognized as revenue as soon as all eligibility requirements imposed by the provider have been met. Governmental fund financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable and available. Revenues are considered to be available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the City considers property tax revenues to be available if they are collected within 60 days of the end of the current fiscal year. Other revenues are considered to be available if they are collected within 90 days of fiscal year-end. Expenditures generally are recorded when a liability is incurred, as under accrual accounting. However, debt service expenditures, as well as expenditures related to compensated absences and claims and judgments, are recorded only when payment is due. Intergovernmental revenues, representing grants and assistance received from other governmental units, are generally recognized as revenues in the period when all eligibility requirements, as defined by GASB Statement No. 33, have been met, and funds are available from the grantor agency or government. Taxes, franchise fees, licenses, and interest associated with the current fiscal period are all considered susceptible to accrual and so have been recognized as revenues of the current fiscal period for the governmental funds. All other revenue items are considered to be measurable and available only when cash is received by the City. I.D. Statements of cash flows For purposes of the statements of cash flows, investments with original maturities of three months or less are considered to meet the definition of cash equivalents. The majority of the investments in which the City's proprietary funds have equity are held by the City's consolidated pool of cash and investments. Since fund equities in this cash management pool have the general characteristics of demand deposits in that additional funds may be deposited at any time, and funds may be withdrawn at any time without prior notice or penalty, each fund's equity account is considered a cash equivalent regardless of the maturities of investments held by the pool. Funds with deficit (overdraft) positions within the consolidated pool report the deficits as interfund payables to the City's Capital Improvement Fund. I.E. Assets, Liabilities, and Net position or Fund Balance I.E.1. Deposits, pooled cash, and investments Cash and investments are presented on the balance sheet in the basic financial statements at fair value in accordance with Generally Accepted Accounting Principles. Investments with original maturities of three months or less are considered to meet the definition of cash equivalents. The majority of the investments are held by the City's consolidated pool of cash and investments. The City utilizes the consolidated cash pool to account for cash and investments of all City funds other than those that are required by ordinance to be physically segregated. The consolidated cash pool concept allows each participating fund to benefit from the economies of scale and improved yield that are inherent to a larger investment pool. Formal accounting records detail the individual equities of the participating funds. The cash pool utilizes a single checking account for all City receipts and disbursements. Since fund equities in this cash management pool have the general characteristics of demand deposits in that additional funds may be deposited at any time and funds may be withdrawn at any time without prior notice or penalty, each fund's equity in pooled cash account is considered a cash equivalent, regardless of the maturities of investments held by the pool. All individual fund cash equity in a deficit (overdraft) position with respect to the consolidated cash pool is reclassified at year-end to short-term interfund payables to the Capital Improvement Fund. The Capital Improvement Fund is the fund selected by management to reflect the offsetting interfund receivables in such cases. The City Charter and the current Investment Policy, adopted by the City Council on September 9, 2010, authorize consolidated cash pool investments in the following: direct federal government obligations; federal agencies and instrumentalities; SEC registered money market funds with the highest credit quality rating; interest bearing time deposits City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2021 46 or savings accounts in qualified public depositories; debt issued by the State of Florida or any political subdivision thereof including pools; securities of open-end or closed-end management-type investment companies as defined in the policy; collateralized repurchase agreements and reverse repurchase agreements; local government investment pools per Section 163.01, Florida Statutes; and commercial paper of prime quality as defined in the policy. All investments are reported at fair value. The City utilizes a conservative investment philosophy when it invests its pooled cash funds in that the return of the principal is more important than the return on the principal. The City does not actively trade its portfolio and generally holds investments until maturity. Using a laddered approach to maturities and timing maturities to cash needs, the City does not anticipate selling investments to meet cash flow requirements. Under the City’s Investment Policy, a performance measurement standard has been established. The performance measure chosen is a weighted average of the overnight interest rate; and three-month, six-month, one-year, three-year, five-year, and ten-year Treasury rates, respectively. For the fiscal year ended September 30, 2021, the performance measure weighted average was 0.32%. The actual pooled cash earnings performance before bank charges was 0.58%. Investments being held outside of the consolidated cash pool include escrowed debt service investments and employee retirement investments. Permissible escrowed debt service investments are specifically defined in each individual debt instrument, but generally follow the same limitations applicable to consolidated cash pool investments. The City maintains four different employee retirement programs, and each one has its own list of permitted investments. Generally, each plan allows the same type of investments as the consolidated cash pool, but additionally allows some portion of its assets to be invested in corporate bonds, notes of corporations, and stocks that are listed on one or more of the recognized national or international stock exchanges. I.E.2. Receivables and payables Activity between funds that are representative of lending/borrowing arrangements outstanding at the end of the fiscal year are referred to as either “due to/from other funds” (i.e. the current portion of interfund loans) or “advances to/from other funds” (i.e. the non-current portion of interfund loans). All other outstanding balances between funds are reported as “due to/from other funds.” Any residual balances outstanding between the governmental activities and business-type activities are reported in the government-wide financial statements as “internal balances”. All trade and property tax receivables are shown net of an allowance for uncollectible accounts. Trade accounts receivable less than 60 days are included in the trade accounts receivable allowance for uncollectible accounts at the five-year average loss experience rate of 2.29%. Trade accounts receivable in excess of 60 days are reserved at 40%. The property tax receivable allowance for uncollectible accounts is 10% of the current year portion of the receivable, and 30%, 50%, 70%, 90%, and 95% for the receivable portions attributable to the prior five years respectively (fiscal 2016 thru 2020), and 100% of the receivable attributable to fiscal years 2015 and prior. Property tax revenue is recognized in the fiscal year for which the taxes are levied, provided the availability test is met, in conformance with National Council on Governmental Accounting Interpretation No. 3. Property taxes for the following fiscal year are levied by City Council action in September of each year. This levy is apportioned to property owners based on the previous January 1 assessed values. Tax bills are mailed out on or about November 1, and the collection period runs from November 1 through March 31. On April 1, unpaid property taxes are considered delinquent and become a lien. Tax certificates are sold in June for real property with delinquent taxes. Since taxes are not collected prior to November 1, the City does not record revenue for advance collections. Uncollected taxes receivable at year-end are recorded, with an appropriate allowance for estimated uncollectible amounts. The net amount deemed to be collectible but not current (not expected to be collected within sixty days after the close of the fiscal year) is shown as deferred inflows in the appropriate fund. All delinquent property taxes, except those levied specifically for the restricted purposes of financing activities accounted for in the Special Development Fund, are recorded in the General Fund. Property tax revenues are recognized in the General City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2021 47 Fund and the required transfers to the appropriate debt service or pension fund are recorded as operating transfers from the General Fund. The City is permitted by State law to levy ten mills without referendum. Additional millage not subject to the ten mill limitation is authorized if approved by referendum, for a period not to exceed two years. The tax rate of 5.9550 mills for the year ended September 30, 2021 is the same rate that was levied the in the prior year. Water, gas, stormwater, solid waste and recycling charges to customers are based on actual consumption. Consumption is determined on a monthly cycle basis. The City recognizes the unbilled consumption as revenue as of September 30th. I.E.3. Inventories and prepaid items Inventories of proprietary funds are stated at cost and valued on the first-in first-out (FIFO) basis. In governmental funds, the majority of inventory items are accounted for under the purchase method, which provides that expenditures are recognized when the inventory item is purchased. The only governmental fund inventory that is accounted for under the consumption method is the General Fund inventory of items for resale at the City’s public fishing pier. Under the consumption method, the expenditure/expense is recognized when the inventory item is sold (or consumed). Certain payments to vendors reflect costs applicable to future accounting periods and are recorded as prepaid items in both government-wide and fund financial statements. The cost of prepaid items is recorded as expenditures/expenses when consumed rather than when purchased. I.E.4. Restricted assets Certain resources of the City’s enterprise funds are classified as restricted assets. Restricted assets include: Water and Sewer improvement charges restricted by the authorizing ordinances to the construction of additions and improvements to the water and sewer systems; Water & Sewer Utility, Gas Utility and Solid Waste & Recycling Utility restricted customer deposits; assets of the Water & Sewer Utility, Gas Utility, and Stormwater Utility funds restricted under the provisions of authorizing ordinances for revenue bonds to the payment of future revenue bond debt service, system construction, and renewals and replacements; and the net pension assets of the enterprise and internal service funds that are in an irrevocable trust restricted for pensions. I.E.5. Capital assets Capital assets, which include property, plant, equipment, and certain infrastructure assets, (e.g. roads, bridges, etc.) are reported in the applicable governmental or business-type activities columns in the government-wide financial statements. Capital assets, as defined by the City, are assets with an initial individual cost of more than $5,000 (amount not rounded) and useful life greater than one year. Individual assets that cost less than $5,000, but that operate as part of a network system, may be capitalized in the aggregate, using the group method. Additionally, higher thresholds for capitalization apply to the following categories: land improvements, $50,000; buildings, building improvements, and utility systems, $100,000; intangible assets, $100,000; and infrastructure, $500,000. Capital assets are recorded at historical cost or estimated historical cost if purchased or constructed. Donated capital assets are recorded at acquisition value at the date of donation. The costs of normal maintenance and repairs that do not add to the value of the asset or materially extend asset lives are not capitalized. When City crews contribute to the completion of a capital asset, time and materials are capitalized to the project cost. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2021 48 Property, plant, equipment, and intangible assets of the primary government are depreciated using the straight-line method over the following estimated useful lives: Assets Years Buildings 10 – 40 Public domain infrastructure 20 – 40 Utility systems 18 – 40 Machinery & equipment 3 – 15 Vehicles 5 – 10 Intangible assets 5 – 20 I.E.6. Compensated absences It is the City’s policy to permit employees to accumulate earned but unused vacation and sick pay benefits. Vacation and sick leave “caps” vary depending upon an employee’s bargaining unit, hire date, etc., but generally employees may accumulate vacation time not exceeding 320 hours and sick leave not exceeding 1,560 hours. Upon retirement from City service a qualified employee is paid for all vacation time not exceeding the applicable vacation “cap” and one-half of accumulated unused sick leave not exceeding the sick leave cap (i.e. maximum pay-out of 780 hours for an employee with a 1,560 hour cap). The City accrues for all earned but unused vacation pay up to the applicable cap and the portion of unused sick leave estimated to be payable upon retirement. The current portion of compensated absences is the amount estimated to be used in the following year. For governmental activities, compensated absences are liquidated within the same governmental funds where the employee vacation and/or sick leave was earned. I.E.7. Long-term obligations In the government-wide financial statements, and proprietary fund types in the fund financial statements, long-term debt and other long-term obligations are reported as liabilities in the applicable governmental activities, business-type activities, or proprietary fund type statement of net position. Bond premiums and discounts are deferred and amortized over the life of the bonds using the straight-line method. Bonds payable are reported net of the applicable unamortized bond premium or discount. Bond issuance costs are expended when incurred. In the fund financial statements, governmental fund types recognize bond premiums and discounts during the current period. The face amount of debt issued is reported as other financing sources. Premiums received on debt issuances are reported as other financing sources while discounts on debt issuances are reported as other financing uses. Issuance costs, whether or not withheld from the actual debt proceeds received, are reported as debt service expenditures. I.E.8. Deferred outflows/inflows of resources In addition to assets, the statement of net position will sometimes report a separate section for deferred outflows of resources. This separate financial statement element, deferred outflows of resources, represents a consumption on net assets that applies to a future period(s) and so will not be recognized as an outflow of resources (expense) until that time. Similarly, in addition to liabilities, the statement of net position will sometimes report a separate section for deferred inflows of resources. This separate financial statement element, deferred inflows of resources, represents an acquisition of net assets City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2021 49 that applies for a future period(s) and so will not be recognized as an inflow of resources (revenue) until that time. The City reports deferred inflows related to pensions, other post-employment benefits (OPEB) the government-wide and all enterprise and internal service funds. Deferred inflows related to business tax receipts are reported in both the government-wide and governmental fund statements, while deferred inflows related to property taxes, code enforcement liens, mortgage notes, and intergovernmental revenues are reported in the governmental fund financial statements, but not the government-wide statements, when the receivable is recorded but the revenue is not available. Deferred outflows related to deferred amounts on bond refundings are reported in the Water and Sewer Utility, Gas Utility and Stormwater Utility funds, as well as in the government-wide statements. These amounts represent the difference between the reacquisition price and the net carrying amount of the old debt, which is amortized over the remaining life of the old debt or the life of the new debt, whichever is shorter. Changes in total pension liability arising from the differences between expected and actual experience, changes of assumption of future economic and demographic factors and the net difference between projected and actual earnings on pension plan investments are recognized as deferred outflows of resources or deferred inflows of resources and are reported in all enterprise and internal service funds, as well as in the government-wide statements. Changes between expected and actual experience and changes of assumptions are recognized in pension expense over a closed period equal to the average of the expected remaining service lives of all active and inactive employees, while the difference between projected and actual earnings is recognized in pension expense over a closed five-year period. Differences between expected and actual experience and changes in assumptions related to OPEB are recognized as deferred outflows of resources or deferred inflows of resources and are reported in all enterprise and internal service funds, as well as in the government-wide statements, using a systematic and rational method over a closed period equal to the average of the expected remaining service lives of all employees that are provided with OPEB through the OPEB plan (active employees and inactive employees), determined as of the beginning of the measurement period. At October 1, 2020, the beginning of the current measurement period, the average of the expected remaining services lives for purposes of recognizing the applicable deferred outflows and inflows of resources established in the current measurement period was 6.8 years. I.E.9. Net position flow assumption Sometimes the City will fund outlays for a particular purpose from both unrestricted resources and restricted resources, such as restricted bond or grant proceeds. In order to calculate the amounts to report as restricted net position and unrestricted net position in the government-wide and proprietary fund financial statements, a flow assumption must be made regarding the order in which the resources are considered to be applied. It is the City’s policy to consider restricted net position to have been depleted before unrestricted net position is applied. I.E.10. Fund balance flow assumption Sometimes the City will fund outlays for a particular purpose from both restricted and unrestricted resources (the total of committed, assigned and unassigned fund balance). In order to calculate the amounts to report as restricted, committed, assigned and unassigned fund balance in the governmental fund financial statements, a flow assumption must be made regarding the order in which the resources are considered to be applied. It is the City’s policy to consider restricted fund balance to have been depleted before using any of the components of unrestricted fund balance. Further, when the components of unrestricted fund balance can be used for the same purpose, committed fund balance is depleted first, followed by assigned fund balance. Unassigned fund balance is applied last. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2021 50 I.E.11. Fund balance policies The fund balance of governmental funds is reported in various classifications that comprise a hierarchy based primarily on the extent to which the government is bound to observe constraints imposed upon the use of the resources reported in the governmental funds. Each classification of fund balance is based on the relative strength of the constraints that control how specific amounts can be spent. The order of spending follows the same hierarchy. Restricted resources are applied first when expenditures are incurred for purposes for which either restricted or unrestricted (committed, assigned or unassigned) amounts are available. Similarly, within unrestricted fund balance, committed amounts are reduced first followed by assigned, and then unassigned amounts when expenditures are incurred for purposes for which amounts in any of the unrestricted fund balance classifications could be used. Nonspendable fund balance represents amounts that cannot be spent, such as inventories, prepaid amounts, and amounts that are legally or contractually required to remain intact. Restricted fund balance includes amounts that can be spent only for the specific purposes stipulated by constitution, external resource providers, or through enabling legislation. Committed fund balance includes amounts that can be used only for the specific purposes determined by the adoption of an ordinance prior to the end of the fiscal year by the City Council, the highest level of decision-making authority. Once adopted by ordinance, a commitment can only be revised or removed by the adoption of another ordinance. Assigned fund balance includes amounts that are intended to be used by the government for specific purposes but do not meet the criteria to be classified as restricted or committed because they are supported by management’s intent rather than a formal action of the City Council. The Finance Director is authorized by Section 2.511 of the Code of Ordinances to assign fund balance. Since assignments only exist temporarily, no further action is required to revise or remove them. Unassigned fund balance includes amounts not classified above. Positive unassigned fund balance may only be reported in the general fund. In all other funds, unassigned fund balance is limited to negative residual fund balances. Minimum fund balance. Per City Council Policy, a minimum General Fund unassigned balance of 8.0% of the subsequent year’s budgeted expenditures must be maintained as a contingency fund for unanticipated financial needs. In addition, 0.5% of the subsequent year’s budgeted expenditures must be maintained to fund unanticipated retirements of employees residing in General Fund departments. Budgeted appropriations will maintain these minimum reserves of 8.5% of subsequent year’s budgeted expenditures, with excess reserves available for specific capital improvement projects or other “one-time” needs. Stabilization arrangement. As of September 30, 2021, the City Council has not established a separate revenue stabilization reserve. I.E.12. Use of estimates The preparation of financial statements in conformity with generally accepted accounting principles (GAAP) requires management to make estimates and assumptions that affect the amounts reported in the financial statements and accompanying notes. Actual results could differ from the estimates. I.F. Adoption of new GASB pronouncements During the fiscal year ended September 30, 2021, the City implemented the following GASB pronouncements: GASB Statement No. 84, Fiduciary Activities. Issued January 2017, this Statement established criteria for identifying fiduciary activities of all state and local governments. The focus of the criteria generally is on (1) whether a government is City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2021 51 controlling the assets of the fiduciary activity and (2) the beneficiaries with whom a fiduciary relationship exists. Separate criteria are included to identify fiduciary component units and postemployment benefit arrangements that are fiduciary activities. Pension statements have been updated to reflect the new format, and the Treasurer’s Escrow Fund, previously reported as an agency fund, is now presented as a custodial fund. See Note IV.I. GASB Statement No. 93, Replacement of Interbank Offered Rates. Issued March 2020, this Statement addresses accounting and financial reporting implications that result from the replacement of an IBOR. There are no references to LIBOR in City agreements. The Florida Gas Utility, of which the City of Clearwater is a member, has a $7.5 million line of credit that includes a reference to LIBOR. This line of credit is due to expire on September 30, 2022, and LIBOR will be replaced by a different index when the agreement is renewed. GASB Statement No. 97, Certain Component Unit Criteria, and Accounting and Financial Reporting for Internal Revenue Code Section 457 Deferred Compensation Plans – an amendment of GASB Statements No. 14 and No. 84, and a supersession of GASB Statement No. 32. As a result of this guidance, the Section 457 Deferred Compensation Plan is not presented as a fiduciary fund. GASB Statement No. 98, The Annual Comprehensive Financial Report. Issued October 2021, this Statement establishes the term annual comprehensive financial report and its acronym ACFR. The new term and acronym replace instances of comprehensive annual financial report and its acronym in generally accepted accounting principles for state and local governments. The title of this report, and all references to Comprehensive Annual Financial Report and its acronym contained herein, have been updated to comply with this standard. Note II – Stewardship, Compliance, and Accountability II.A. Budgets and budgetary accounting Annual budgets are legally adopted for the General Fund, Special Development special revenue fund, and the Community Redevelopment Agency special revenue fund. The budget for the Special Development Fund is adopted on a basis consistent with GAAP, and appropriations lapse at year-end. The Community Redevelopment Agency (CRA) Fund annual budget is adopted by the trustees of that agency in accordance with state law. The level of budgetary control is the total fund. The CRA Fund Budget is adopted on a basis consistent with GAAP, and all appropriations lapse at year-end. The level of budgetary control established by the legislative body, the level on which expenditures may not legally exceed appropriations, is the individual fund. In accordance with provisions of Ordinance 5025-90 and with Section 2.519(4) of the Clearwater Code, the City Manager may transfer part or all of any unencumbered appropriation balance among programs within an operating fund, provided such action does not result in the discontinuance of a program. Such transfers must be included in the next budget review presented to the City Council. Upon detailed written request by the City Manager, the City Council may by ordinance transfer part or all of any unencumbered appropriation balance from one fund to another. As established by administrative policy, department directors may transfer money from one operating code to another within a program without a formal written amendment. Formal requests for budget amendments from department directors are required for transfers, capital expenditures, and reserves. Thus, certain object classifications within departmental and/or program budget appropriations are subject to administratively imposed controls, in addition to the legal controls imposed by City Council action described above. Budget amounts presented in the accompanying financial statements reflect all amendments adopted by the City Council and the governing board of the component unit. All amendments were adopted in conformance with legal requirements. Individual amendments, as well as the net effects of all amendments during the fiscal year, were not material in relation to the original appropriations for the governmental funds in the aggregate. Budgets for the Capital Projects Funds, the Special Programs Fund, the SHIP Local Housing Assistance Trust Fund, and the Pinellas County Local Housing Assistance Trust Fund are adopted on a multi-year completed program basis, where budgetary City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2021 52 appropriations do not lapse at year-end, but may extend across two or more fiscal years. A comparison of annual results with these budgets would not be meaningful and is therefore not included in this report. All City Council adopted budgets are integrated into the formal accounting system to allow for monthly comparison of projected and actual results in all funds for which budgets are adopted. Note III – Detailed Notes on All Funds III.A. Deposits and investments Investments with original maturities of three months or less are considered to meet the definition of cash equivalents. The majority of the investments in which the City's proprietary funds have equity are held by the City's consolidated pool of cash and investments. Since fund equities in this cash management pool have the general characteristics of demand deposits, in that additional funds may be deposited at any time, and funds may be withdrawn at any time without prior notice or penalty, each fund's equity account is considered a cash-equivalent regardless of the maturities of investments held by the pool. Funds with deficit (overdraft) positions within the consolidated pool report the deficits as interfund payables to the City's Capital Improvement Fund. Fair Value The City of Clearwater and the City’s pension plans categorize fair value measurements within the fair value hierarchy established by GAAP. The hierarchy is based on the valuation inputs used to measure the fair value of the securities and assets. Level 1 inputs are quoted prices in active markets for identical assets; Level 2 inputs are significant other observable inputs; and Level 3 are significant unobservable inputs. Certain investments held by the City and the pension plans are valued at net asset value (NAV) per share when an investment does not have a readily determined fair value, provided that the NAV is calculated and used as a practical expedient to estimate fair value in accordance with GAAP requirements. Equity and Fixed Income Securities – Equity securities, classified in Level 1 of the fair value hierarchy, are valued using prices quoted in active markets issued by pricing vendors for these securities. Fair value is defined as the quoted market value on the last trading day of the period. These prices are obtained from various pricing sources by the City’s custodian bank, Wells Fargo, for the City’s pooled cash investments. Prices for pension investments are obtained by the custodial agents for each of the pension plans. Debt and equity securities classified in Level 2 of the fair value hierarchy are valued using prices determined by matrix pricing techniques maintained by various pricing vendors for these securities. Matrix pricing is used to value securities based on the securities’ relationship to benchmark quoted prices. Debt and equity securities classified in Level 3 of the fair value hierarchy, when applicable, are securities whose stated market price is unobservable by the marketplace; often these securities are priced by the issuer or industry groups. Real Estate Funds – Investments in real estate funds are valued at estimated fair value, as determined in good faith by the General Partner (GP). These investments are initially valued at cost with subsequent adjustments that reflect third party transactions, financial operating results, and other factors deemed relevant by the GP. These assets are valued at NAV. Deposits All cash of the City is entirely insured either by federal depository insurance or via banks’ participation as qualified public depositories pursuant to Florida Statutes, Chapter 280, “Security for Public Deposits”. The City is required to verify that monies are invested in “qualified public depositories” as defined in Florida Statutes section 280.02. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2021 53 Pooled Cash and Investments To increase returns and minimize fees, the City follows the practice of pooling available cash and investments of all funds, with the exception of retirement plan investments and assets held under Bond Trust Indenture Agreements. Please refer to Note I.E.1. for a discussion of allowable investments under the pooled cash and investments investment policy. All investments at year-end were in compliance with the pooled cash and investments investment policy. Pooled cash and investments as of September 30, 2021 are classified in the accompanying financial statements as follows: Statement of net position 09/30/21 Primary Government: Cash and investments 585,588,133$ Restricted cash and investments 28,858,086 Fiduciary Funds: Cash and investments 954,919 Total pooled cash and investments 615,401,138$ Carrying % of Pooled Cash and Investments Amount Portfolio Less than 1 1-3 Years More than 3 Moody's Rating Cash and cash equivalents: Cash on hand 46,470$ 0.01% N/A Time / interest bearing account 9,537,008 1.55% N/A Total cash and cash equivalents 9,583,478 Investments:Standard & Local Government Investment Pools:Poor's Rating Florida Safe Investment Pool 23,102,998 3.75% 23,102,998 - - AAAm Florida Cooperative Liquid Assets Securities System 57,279,573 9.31% 57,279,573 - - AAAm 80,382,571 80,382,571 - - Moody's Rating Treasuries 13,283,720 2.16% - 13,283,720 - N/A U.S. Agencies: Federal Home Loan Bank (FHLB) 246,355,096 40.03% - 556,024 245,799,072 Aaa Federal National Mortgage Assn (FNMA) 39,738,206 6.46% - - 39,738,206 Aaa Federal Farm Credit Bank (FFCB) 92,412,485 15.02% - 9,975,855 82,436,630 Aaa Federal Home Loan Mortgage Corp (FHLMC) 19,927,568 3.24% - 19,927,568 - Aaa Federal Home Loan Mortgage Corp Zeroes 1,996,027 0.32% 1,996,027 - - Aaa Federal National Mortgage Assn (FNMA) Zeroes 9,991,730 1.62% 9,991,730 - - Aaa Total U.S. Agencies 410,421,112 11,987,757 30,459,447 367,973,908 Municipal bonds 10,107,811 1.64% - - 10,107,811 Aa2 Mortgage backed securities 90,815,377 14.76% 1,473,649 18,938,511 70,403,217 Aaa Asset backed securities 807,069 0.13% 24,234 - 782,835 Aaa Total investments 605,817,660 93,868,211 62,681,678 449,267,771 Total pooled cash and investments 615,401,138$ 100.00% Investment Maturities in Years City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2021 54 Interest Rate Risk – Pooled Cash and Investments: As a means of limiting exposure to fair value losses arising from rising interest rates, the City’s pooled cash investment policy prohibits investments in securities maturing more than fifteen years from the date of purchase, unless matched to a specific cash flow requirement. Additionally, the policy allows no more than 10% of the portfolio to have maturities in excess of ten years unless specifically matched against a debt or obligation. Finally, the investment policy states that it is the City’s intent to keep the weighted average maturity to three years or less, except for temporary situations due to market conditions and/or cash needs when the average maturity may exceed three years but shall not exceed five years. Weighted average maturities for the City’s pooled cash investments are indicated in the table above. Credit Risk – Pooled Cash and Investments: The City’s pooled cash investment policy, in accordance with Florida Statutes, allows investments to direct obligations of the United States, federal agencies, debt issued by the State of Florida or any political subdivision, and commercial paper of prime quality of the highest letter and numerical rating as provided by at least one nationally recognized rating service. Ratings for the City’s pooled cash investments are disclosed in the preceding table. Concentration of Credit Risk – Pooled Cash and Investments: The City’s pooled cash investment policy limits the investment in any one issuer to 40% of the portfolio. Concentrations of the various issuers are disclosed in the preceding table. Custodial Credit Risk – Pooled Cash and Investments: Monies on deposit with financial institutions are held in qualified public depositories pursuant to State of Florida Statutes, Chapter 280, which provides protection against any loss to public depositors. Consistent with the City’s investment policy, investment securities owned by the City are held by the City’s custodian in the City’s name and all purchases use the “delivery versus payment” procedure. Fair Value Measurement: The City has adopted the provisions of GASB Statements No. 72 and No. 79 and fully disclosed in the notes to the financial statements the fair value hierarchy and the methods of valuing the related investments as required under generally accepted accounting principles. The City of Clearwater categorizes fair value measurements within the fair value hierarchy established by GAAP. The hierarchy is based on the valuation inputs used to measure the fair value of the securities and assets. Level 1 inputs are quoted prices in active markets for identical assets; Level 2 inputs are significant other observable inputs; and Level 3 are significant unobservable inputs. Certain investments held by the City are valued at net asset value (NAV) per share when an investment does not have a readily determined fair value, provided that the NAV is calculated and used as a practical expedient to estimate fair value in accordance with GAAP requirements. Fixed Income Securities – Fair value is defined as the quoted market value on the last trading day of the period. These prices are obtained from various pricing sources by the City’s custodian bank, Bank of America, for the City’s pooled cash investments. Debt securities classified in Level 2 of the fair value hierarchy are valued using prices determined by matrix pricing techniques maintained by various pricing vendors for these securities. Matrix pricing is used to value securities based on the securities’ relationship to benchmark quoted prices. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2021 55 The City has the following recurring fair value measurements as of September 30, 2021: Quoted Prices in Significant Active Markets Other Significant Measured for Identical Observable Unobservable at (in thousands)Fair Value Assets (Level 1)Inputs (Level 2)Inputs (Level 3)Net Asset Value Florida Safe Investment Pool 23,103$ -$ -$ -$ 23,103$ Florida Cooperative Liquid Assets Securities System 57,280 - - - 57,280 U.S. Government securities 13,284 13,284 - - - Federal Agency securities 410,421 - 410,421 - - Municipal obligations 10,108 10,108 - - - Mortgage backed securities 90,815 - 90,815 - - Asset backed securities 807 - 807 - - 605,818$ 23,392$ 502,043$ -$ 80,383$ The Florida SAFE Investment Pool (FLSAFE) and the Florida Cooperative Liquid Assets Securities System (FLCLASS) are independent local government investment pools created under the laws of Florida to provide eligible units of local government with investment vehicles to pool their surplus funds. FLSAFE and FLCLASS investment pools are Stable Net Asset Value investment pools rated AAAm by Standard & Poors. The investment advisor and administrator for the FLSAFE investment pool is PMA Financial Network, Inc. and the investment advisor and administrator for the FLCLASS investment pool is Public Trust Advisors, LLC. The two local government investment pools, Florida Safe Investment Pool (FLSAFE) and Florida Cooperative Liquid Assets Securities System (FLCLASS), have no unfunded commitments and both provide same day or next day redemption. The investment strategies of both prioritize safety of principal and liquidity over return, consistent with the City’s investment strategy, investing in high-quality short-term investments. Pension Plan Assets The City reports four pension funds in the accompanying financial statements. Each of the plans has a separate governing board of trustees, a separate investment policy, and differing investment restrictions/risks. Consequently, each is disclosed separately below. All investments at year-end were in compliance with the respective plan investment policies. Please refer to Note I.E.1. for a discussion of allowable investments under the pension plans. Investments are reported at fair value or net asset value, as disclosed, and are managed by third party money managers. The City’s independent custodian and the individual money managers price each instrument (using various third-party pricing sources) and reconcile material differences. Investments in certain alternative investments are valued using the net asset value (NAV) per shares outstanding. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2021 56 Employees’ Pension Plan At year-end, the Employees’ Pension Plan cash and investment balances were as follows: Carrying % of Weighted avg Moody's Employees' Pension Plan Cash and Investments Amount Portfolio maturity (years)Rating Cash and cash equivalents: Cash in managed investment accounts 34,328,635 2.55% N/A N/A Total cash and cash equivalents 34,328,635 Investments: Government bonds 4,812,500 0.36% AGY Government bonds 108,234,664 8.05% Aaa Government bonds 575,179 0.04% Aa Government bonds 980,056 0.07% A Government bonds 4,775,835 0.36% Baa Government bonds 1,120,275 0.08% NR Index linked government bonds 498,509 0.04%19.7 Aaa Agency bonds 689,680 0.05% AGY Agency bonds 897,874 0.07% Aa Agency bonds 2,730,593 0.20% Ba Municipal bonds 1,373,777 0.10% Aa Municipal bonds 754,977 0.06% A Municipal bonds 961,576 0.07% Baa Domestic corporate bonds 972,461 0.07% Aaa Domestic corporate bonds 5,477,712 0.41% Aa Domestic corporate bonds 37,168,131 2.77% A Domestic corporate bonds 66,067,865 4.92% Baa Domestic corporate bonds 6,545,486 0.49% Ba Domestic corporate bonds 2,913,311 0.22% NR Asset backed securities 5,871 0.00% AGY Asset backed securities 9,175,231 0.68% Aaa Other/rights/warrants 32,977 0.00% N/A NR Domestic stocks 350,967,747 26.13% N/A N/A International equity securities 157,814,283 11.74% N/A N/A Mortgage backed bonds 101,165,091 7.53% AGY Mortgage backed bonds 40,232 0.00% Aaa Mortgage backed bonds 60,082 0.00% NR Government issued commercial mortgage backed bonds 92,862 0.01%28.7 AGY International equity mutual funds 48,535,693 3.61% N/A N/A Domestic equity mutual funds 239,057,393 17.79% N/A N/A Infrastructure 50,574,173 3.76% N/A N/A Real Estate/Timber 104,428,016 7.77% N/A N/A Total investments 1,309,500,112 Total cash and investments 1,343,828,747$ 100.00% 39.7 11.5 27.2 16.4 8.1 13.4 City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2021 57 Interest Rate Risk – Employees’ Pension Plan: As a means of limiting exposure to fair value losses arising from rising interest rates, the Employees’ Pension Plan investment policy limits the investment in fixed income investments to no more than 40% of the portfolio. There are no limits related to weighted average maturities due to the long-term nature of pension plan investing. Credit Risk – Employees’ Pension Plan: The Employees’ Pension Plan investment policy limits credit risk by restricting equity investments to corporations that are listed on one of the national or international stock exchanges. Additionally, fixed income corporate bonds must carry an “investment grade” rating as established by one of the nationally recognized rating agencies. At September 30, 2020, the Plan had $6,094,378 invested in domestic corporate bonds that had fallen below investment grade (Ba1 and lower) as the result of investment downgrades, as indicated on the previous table. The respective money managers notified the Plan administrators of the downgrades and the planned courses of action related to these securities on a timely basis, consistent with the policy’s individual manager guidelines. Concentration of Credit Risk – Employees’ Pension Plan: The Employees’ Pension Plan investment policy limits concentration of credit risk by limiting the investment in common stock or capital stock of any one corporation to 3% of the plan equity assets, unless due to a higher percentage included in a nationally recognized market index at least as broad as the Standard and Poor’s Composite Index of 500 companies, or upon a specific finding by the investment committee that such higher percentage is in the best interest of the fund. Additionally, the individual manager guidelines associated with the policy provide further diversification of both equity and fixed income investments to minimize concentration of credit risk. Custodial Credit Risk – Employees’ Pension Plan: This is the risk that in the event of the failure of a counterparty, the Plan will not be able to recover the value of its investments that are in the possession of an outside party. Consistent with the Plan’s investment policy, investments are held by the Plan’s custodial bank and registered in the Plan’s name. Foreign Currency Risk – Employees’ Pension Plan: Risk of loss arises from changes in currency exchange rates. The Employees’ Pension Plan investment policy does not have a formal policy to limit foreign currency risk, other than a guideline of no more than 25% of the plan assets invested in international equities. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2021 58 The Pension Plan’s exposure to foreign currency risk at September 30, 2021 is as follows: Investment Currency Fair Value Common Stock Euro currency 22,784,702$ Common Stock Japanese yen 17,588,690 Common Stock British pound sterling 14,087,542 Common Stock Swiss franc 8,402,146 Common Stock Australian dollar 1,921,060 Common Stock Swedish krona 1,851,607 Common Stock Hong Kong dollar 1,480,553 Common Stock South Korean won 1,301,757 Common Stock Singapore dollar 1,011,709 Common Stock Norwegian krone 702,232 Common Stock Danish krone 270,959 Total 71,402,957$ Fair Value Measurement: The Employees’ Pension Plan has adopted the provisions of GASB Statement No. 72 and fully disclosed in the notes to the financial statements the fair value hierarchy and the methods of valuing the related investments as required under the generally accepted accounting principles. The City’s independent custodian and the individual money managers price each instrument (using various third-party pricing sources) and reconcile material differences. Investments in certain alternative investments are valued using the net asset value (NAV) per shares outstanding. The Employees’ Pension Plan categorizes fair value measurements within the fair value hierarchy established by GAAP. The hierarchy is based on the valuation inputs used to measure the fair value of the securities and assets. Level 1 inputs are quoted prices in active markets for identical assets; Level 2 inputs are significant other observable inputs; and Level 3 are significant unobservable inputs. Certain investments held by the pension plan are valued at net asset value (NAV) per share when an investment does not have a readily determined fair value, provided that the NAV is calculated and used as a practical expedient to estimate fair value in accordance with GAAP requirements. Equity and Fixed Income Securities – Equity securities, classified in Level 1 of the fair value hierarchy, are valued using prices quoted in active markets issued by pricing vendors for these securities. Fair value is defined as the quoted market value on the last trading day of the period. These prices are obtained from various pricing sources by the City’s custodian bank, Bank of America, for the City’s pooled cash investments. Prices for pension investments are obtained by the custodial agents for each of the pension plans. Debt and equity securities classified in Level 2 of the fair value hierarchy are valued using prices determined by matrix pricing techniques maintained by various pricing vendors for these securities. Matrix pricing is used to value securities based on the securities’ relationship to benchmark quoted prices. Debt and equity securities classified in Level 3 of the fair value hierarchy, when applicable, are securities whose stated market price is unobservable by the marketplace; often these securities are priced by the issuer or industry groups. Real Estate Funds – Investments in real estate funds are valued at estimated fair value, as determined in good faith by the General Partner (GP). These investments are initially valued at cost with subsequent adjustments that reflect third party transactions, financial operating results, and other factors deemed relevant by the GP. These assets are valued at NAV. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2021 59 The Plan has the following recurring fair value measurements as of September 30, 2021: Quoted Prices in Significant Active Markets Other Significant for Identical Observable Unobservable (in thousands)Fair Value Assets (Level 1)Inputs (Level 2)Inputs (Level 3) Government bonds 120,499$ -$ 120,499$ -$ Index linked government bonds 499 - 499 - Agency bonds 4,318 - 4,318 - Municipal bonds 3,090 - 3,090 - Domestic corporate bonds 119,145 - 119,145 - Asset backed bonds 9,181 - 9,181 - Other/Rights/Warrants 33 - - 33 Domestic stocks 350,968 350,968 - - International equity securities 157,814 157,814 - - Mortgage backed bonds 101,265 - 101,265 - Government issued mortgage backed bonds 93 - 93 - Emerging markets mutual funds 48,536 48,536 - - Domestic equity mutual funds 239,057 - 239,057 - Infrastructure 50,574 - - 50,574 Real Estate/Timber 104,428 - 74,241 30,187 1,309,500$ 557,318$ 671,388$ 80,794$ City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2021 60 Net Asset Value Investments (in thousands): Money Manager Value Unfunded Commitments Investment Strategy Redemption Restrictions Dimensional $ 48,536 $ - Emerging markets equity collective investment trust seeking long term capital appreciation by investing at least 80% of net assets in equity securities of companies located in emerging market countries. None Northern Trust 67,820 - Collective large cap value index fund seeking to approximate the risk and return characteristics of the Russell 1000 Value Index. None Northern Trust 171,241 - Collective large cap value index fund seeking to approximate the risk and return characteristics of the Russell 1000 Growth Index. None Multi-Employer Property Trust 58,274 - An open-end commingled real estate equity fund organized as a bank collective trust. Strategy to create top- quality, core, income-producing assets through development, rehab, or acquisition and repositioning of undervalued assets. Quarterly redemptions with 45 days notice. Molpus Woodlands Group Funds III & IV 9,743 1,255 Limited Partnership providing income through acquisition, holding, and distribution of timberland. No redemption due to Limited Partnership term of up to 14 years, ending 10/22/2027. Hancock Timberland XI LP 7,301 559 Limited Partnership providing income through acquisition, holding, and distribution of timberland No redemption due to Limited Partnership. Two-year wind-up period begins 12/31/2025 and ends 12/31/2027. IFM Infrastructure 50,574 - Limited Partnership investing in a diversified portfolio of global infrastructure assets, favoring proprietary investment opportunities over competitive bidding processes. Quarterly redemptions with 90 days notice; manager's best efforts within 36 months of end of quarter. USAA U.S. Government Buildings 13,143 - Core plus real estate strategy for acquisition and build-to- suit development of high quality assets leased to agencies of the U.S. Federal and State Governments. Quarterly redemptions with 60 days notice. Intercontinental U.S. Real Estate Investment Trust 15,967 - Primarily investing in high-quality core and core plus properties for stable predictable cash flow and opportunity for capital appreciation. To a lesser degree, additional enhanced-core and value properties to further enhance diversification and return. Quarterly redemptions with 60 days notice. 442,599$ 1,814$ City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2021 61 Firefighters’ Relief and Pension Plan At year-end, the Firefighters’ Relief and Pension Plan cash and investment balances were as follows: Carrying % of Weighted avg Moody's Amount Portfolio maturity (years)Rating Cash and cash equivalents: Cash and cash equivalents 215,237$ 6.71% N/A N/A Total cash and cash equivalents 215,237 Investments: U.S. Treasury Note 1,118,059 34.88% 1.58 Aaa U.S. agency - Federal Agricultural Mortgage Corp. (FAMCA) 1,872,141 58.41% 3.62 Aaa Total investments 2,990,200 Total managed cash and investments 3,205,437$ 100.00% Interest Rate Risk – Firefighters’ Relief and Pension Plan: As a means of limiting exposure to fair value losses arising from rising interest rates, the Firefighters’ Relief and Pension Plan investment policy stipulates that the Plan does not trade securities and will typically hold securities to maturity. There are no limits related to weighted average maturities due to the long-term nature of pension plan investing. Credit Risk – Firefighters’ Relief and Pension Plan: The Firefighters’ Relief and Pension Plan investment policy limits credit risk by restricting the fixed income investments to investment grade securities, per a nationally recognized ranking agency. Custodial Credit Risk – Firefighters’ Relief and Pension Plan: Monies on deposit with financial institutions are held in qualified public depositories pursuant to State of Florida Statutes, Chapter 280, which provides protection against any loss to public depositors. Consistent with the City’s investment policy, investment securities owned by the Plan are held by the City’s custodian in the City’s name and all purchases use the “delivery versus payment” procedure. Concentration of Credit Risk – Firefighters’ Relief and Pension Plan: The Firefighters’ Relief and Pension Plan investment policy limits concentration of credit risk by limiting the recommended target allocation of the plan to domestic fixed income to 70% of the portfolio, with the remainder of the portfolio allocated to the City’s well-diversified pooled cash portfolio (see above disclosure). There are no additional limitations on concentrations with individual issuers or agencies due to the relatively small portfolio of this closed pension plan. Foreign Currency Risk – Firefighters’ Relief and Pension Plan: The Firefighters’ Relief and Pension Plan investment policy does not permit investment in foreign fixed income or equity securities. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2021 62 Fair Value Measurement: The Firefighters’ Relief and Pension Plan has adopted the provisions of GASB Statement No. 72 and fully disclosed in the notes to the financial statements the fair value hierarchy and the methods of valuing the related investments as required under the generally accepted accounting principles. The Plan has the following recurring fair value measurements as of September 30, 2021: Quoted Prices in Significant Active Markets Other Significant for Identical Observable Unobservable Fair Value Assets (Level 1)Inputs (Level 2)Inputs (Level 3) Federal agency securities 2,990,200$ 1,118,059$ 1,872,141$ -$ Police Supplemental Pension Plan At year-end, the Police Supplemental Pension Plan cash and investment balances were as follows: Carrying % of Weighted avg Moody's Amount Portfolio maturity (years)Rating Cash and cash equivalents: Cash in bank 5,730$ 0.03% N/A N/A Cash in managed investment accounts 1,145,180 5.70% N/A N/A Total cash and cash equivalents 1,150,910 Investments: Domestic equity mutual funds 10,193,672 50.74%N/A N/R International equity mutual funds 8,746,167 43.53%N/A N/R Total investments 18,939,839 Total managed cash and investments 20,090,749$ 100.00% Interest Rate Risk – Police Supplemental Pension Plan: As a means of limiting exposure to fair value losses arising from rising interest rates, the Police Supplemental Pension Plan investment policy limits the duration of the fixed income portfolio to 125% of the duration of the Barclays Intermediate Government/Credit Bond Index subject to quarterly review. Additionally, no issues, Treasury, or Corporate Bonds may be purchased with more than 15 years to maturity. Credit Risk – Police Supplemental Pension Plan: The Police Supplemental Pension Plan investment policy limits credit risk by restricting equity investments to corporations that are listed on any one or more of the recognized national stock exchanges. Additionally, fixed income security investments are limited to U.S. Government and agency obligations; “BBB” rated or higher corporate bonds, debentures and preferred stocks; and bonds and other evidence of indebtedness issued or guaranteed by a corporation organized City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2021 63 under the laws of the United States, any state, or organized territory of the United States or District of Columbia provided the corporation meets the standards set forth in section 185.06(1)(b), Florida Statutes, as amended from time to time. Finally, the investment policy requires that investment managers dispose of any issue that has been downgraded below “BBB” as soon as is economically feasible. Concentration of Credit Risk – Police Supplemental Pension Plan: The Police Supplemental Pension Plan investment policy limits concentration of credit risk by limiting the stock position of the equity portfolio to no more than 3 percentage points in excess of the S&P 500. Additionally, any sector position of the equity portfolio may not exceed the S&P 500 sector weighting by more than 10 percentage points without written approval from the Board. Investments in fixed income securities of a single issuer, with the exception of the U.S. Government and its agencies, may not exceed 5 percent of the fixed income portfolio’s value at cost. Custodial Credit Risk – Police Supplemental Pension Plan: This is the risk that in the event of the failure of a counterparty, the Plan will not be able to recover the value of its investments that are in the possession of an outside party. Consistent with the Plan’s investment policy, Plan investments are held by the Plan’s custodial bank and registered in the Plan’s name. Foreign Currency Risk – Police Supplemental Pension Plan: Risk of loss arises from changes in currency exchange rates. The Police Supplemental Pension Plan investment policy does not have a formal policy to limit foreign currency risk, other than a guideline of that no more than 25% of the total portfolio at cost may be invested in foreign securities. The Plan has no current exposure to foreign currency risk. Fair Value Measurement: The Police Supplemental Pension Plan has adopted the provisions of GASB Statement No. 72 and fully disclosed in the notes to the financial statements the fair value hierarchy and the methods of valuing the related investments as required under generally accepted accounting principles. The Plan has the following recurring fair value measurements as of September 30, 2021: Quoted Prices in Significant Active Markets Other Significant for Identical Observable Unobservable Fair Value Assets (Level 1)Inputs (Level 2)Inputs (Level 3) Domestic equity mutual funds 10,193,672$ 10,193,672$ -$ -$ International equity mutual funds 8,746,167 - - 8,746,167 18,939,839$ 10,193,672$ -$ 8,746,167$ City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2021 64 Firefighters’ Supplemental Pension Plan At year-end, the Firefighters’ Supplemental Pension Plan cash and investment balances were as follows: Carrying % of Weighted avg Moody's Amount Portfolio maturity (years)Rating Cash and cash equivalents: Cash in managed investment accounts 767,536$ 3.35% N/A N/A Total cash and cash equivalents 767,536 Investments: U.S. Treasury obligations 491,404 2.14% 5.1 Aaa Municipal obligations 99,802 0.44% A1/A2 Municipal obligations 35,827 0.16% Aa Municipal obligations 166,380 0.73% N/R Domestic corporate bonds 953,105 4.15% A1/A2/A3 Domestic corporate bonds 1,189,027 5.18% Baa1/Baa2/Baa3 Domestic corporate bonds 392,837 1.71% N/R International equity securities 387,048 1.69%N/A N/R Domestic stocks 3,293,096 14.36% N/A N/R Mortgage backed bonds 1,434,922 6.26% 17.9 N/R Domestic equity mutual funds 9,596,322 41.82% N/A N/R International equity mutual funds 1,206,936 5.26% N/A N/R Real estate 2,925,832 12.75% N/A N/R Total investments 22,172,538 Total managed cash and investments 22,940,074$ 100.00% 6.2 4.4 Interest Rate Risk – Firefighters’ Supplemental Pension Plan: As a means of limiting exposure to fair value losses arising from rising interest rates, the Firefighters’ Supplemental Pension Plan investment policy limits the duration of the fixed income portfolio to less than 135% of the duration of the Bloomberg Barclay’s Intermediate Aggregate Bond Index. Credit Risk – Firefighters’ Supplemental Pension Plan: The Firefighters’ Supplemental Pension Plan investment policy limits credit risk by restricting equity investments to securities that are fully and easily negotiable. Investments in corporations whose stock has been publicly traded for less than one year are limited to 15% at cost value of the equity portfolio. Investment in equity securities whose market capitalization is less than $10 billion dollars shall be limited to 25% of the total equity portfolio. Exchange traded funds (ETF’s) or Exchange Traded Notes (ETN’s) may not exceed 10% at cost value of any equity manager’s portfolio. Investments in real estate shall not exceed 25% (at market valuation) of the value of the total fund assets. Investments in absolute or real return strategies shall not exceed 20% of the value of the total fund assets. The average credit quality of the bond portfolio shall be “A” or higher, and those securities rated below “BBB” shall not exceed 15% of the entire fixed income portfolio. Concentration of Credit Risk – Firefighters’ Supplemental Pension Plan: The Firefighters’ Supplemental Pension Plan investment policy limits concentration of credit risk by limiting the investment in common stock or capital stock of any one issuing company within an investment manager’s portfolio to 5% of the portfolio. Similarly, no more than 5% at cost value of a fixed income investment manager’s portfolio may be invested in the securities of any single corporate issuer per the plan investment policy. Finally, investments in collateralized mortgage obligations are limited to 25% of the fair value of the investment manager’s total portfolio. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2021 65 Custodial Credit Risk – Firefighters’ Supplemental Pension Plan: This is the risk that in the event of the failure of a counterparty, the Plan will not be able to recover the value of its investments that are in the possession of an outside party. Plan investments are held by the Plan’s custodial bank and registered in the Plan’s name. Foreign Currency Risk – Firefighters’ Supplemental Pension Plan: Risk of loss arises from changes in currency exchange rates. The Firefighters’ Supplemental Pension Plan requires that no more than 25% of the market value of the plan’s total assets may be invested in foreign equity securities, commingled or mutual funds. Direct investment in foreign companies is limited to those traded on a national exchange and/or American Depository Receipts (ADR’s). Fair Value Measurement: The Firefighters’ Supplemental Pension Plan has adopted the provisions of GASB Statement No. 72 and fully disclosed in the notes to the financial statements the fair value hierarchy and the methods of valuing the related investments as required under generally accepted accounting principles. The Plan has the following recurring fair value measurements as of September 30, 2021: Quoted Prices in Significant Active Markets Other Significant for Identical Observable Unobservable Fair Value Assets (Level 1)Inputs (Level 2)Inputs (Level 3) U.S. Treasury obligations 491,404$ 406,677$ 84,727$ -$ Municipal obligations 302,009 - 302,009 - Domestic corporate bonds 2,534,969 2,534,969 - - International equity securities 387,048 322,661 64,387 - Domestic stocks 3,293,096 3,293,096 - - Mortgage backed bonds 1,434,922 - 1,434,922 - Domestic equity mutual funds 9,596,322 9,596,322 - - International equity mutual funds 1,206,936 - - 1,206,936 Real estate 2,925,832 - - 2,925,832 22,172,538$ 16,153,725$ 1,886,045$ 4,132,768$ III.B. Receivables Receivables as of year-end for the City’s governmental, proprietary and internal service funds, including the applicable allowances for uncollectible accounts for the proprietary funds, are segregated on the fund financial statements. Mortgages, Notes, and Other Loans in the amount of $4,270,733 are reported on the Governmental Funds Balance Sheet, net of an allowance for uncollectible accounts in the amount of $11,631,215. The gross receivable of $15,901,948 includes $1,046,088 of long-term loans receivable that are not expected to be collected within the next fiscal year. Mortgage notes receivable and the related payment history are reviewed individually on an annual basis to determine collectability for allowance and bad debt determinations. Receivables as of year-end for the primary government’s individual major funds, as well as non-major funds and internal service funds in the aggregate, are as follows: City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2021 66 Receivables, net of applicable allowances for uncollectible accounts (amounts in thousands): Franchise Accounts Taxes Fees Interest and Contracts Notes Other Total General fund 1,529$ 1,034$ 204$ 555$ -$ 31$ 3,353$ Special Development 37 - 67 - - - 104 Special Programs - - 21 - 9,025 1 9,047 Capital Improvement - - 31 - - 198 229 Non-major governmental funds - - 12 - 6,877 - 6,889 Internal service funds - - 93 - - 190 283 Total governmental 1,566 1,034 428 555 15,902 420 19,905 Less: Allowance for uncollectable accounts (169) - - - (11,631) - (11,800) Net governmental receivables 1,397$ 1,034$ 428$ 555$ 4,271$ 420$ 8,105$ Water and Sewer Utility -$ -$ 174$ 7,972$ -$ 40$ 8,186$ Gas Utility - - 31 2,841 - 750 3,622 Solid Waste and Recycling Utility - - 40 2,453 - - 2,493 Stormwater Utility - - 47 2,076 - - 2,123 Non-major enterprise funds - - 31 - - - 31 Total business-type - - 323 15,342 - 790 16,455 Less: Allowance for uncollectable accounts - - - (46) - (46) Net business-type receivables -$ -$ 323$ 15,296$ -$ 790$ 16,409$ III.C. Capital assets Capital asset activity for the year ended September 30, 2021: Beginning Ending Governmental Activities:Balance Increases Decreases Balance Non-depreciable capital assets: Land 91,473,415$ 1,177,347$ (369,795)$ 92,280,967$ Construction in progress 13,671,825 18,357,687 (4,849,027) 27,180,485 Total non-depreciable capital assets 105,145,240 19,535,034 (5,218,822) 119,461,452 Depreciable capital assets: Buildings 170,411,279 3,862,660 (158,484) 174,115,455 Improvements other than buildings 51,842,981 327,040 - 52,170,021 Machinery and equipment 117,845,644 9,956,804 (8,646,158) 119,156,290 Infrastructure 162,903,213 659,327 - 163,562,540 Total depreciable capital assets 503,003,117 14,805,831 (8,804,642) 509,004,306 Less accumulated depreciation for: Buildings (83,800,325) (5,378,615) 16,509 (89,162,431) Improvements other than buildings (25,902,862) (2,114,843) - (28,017,705) Machinery and equipment (85,010,801) (11,389,171) 8,551,460 (87,848,512) Infrastructure (117,840,954) (4,374,278) - (122,215,232) Total accumulated depreciation (312,554,942) (23,256,907) 8,567,969 (327,243,880) Net depreciable capital assets 190,448,175 (8,451,076) (236,673) 181,760,426 Net governmental activities capital assets 295,593,415$ 11,083,958$ (5,455,495)$ 301,221,878$ City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2021 67 Beginning Ending Business-type activities:Balance Increases Decreases Balance Non-depreciable capital assets: Land 30,891,976$ 436,374$ (499,322)$ 30,829,028$ Construction in progress 32,856,715 6,429,875 (28,093,222) 11,193,368 Total non-depreciable capital assets 63,748,691 6,866,249 (28,592,544) 42,022,396 Depreciable capital assets: Buildings 67,590,732 19,063,924 (4,212) 86,650,444 Improvements other than buildings 715,074,267 13,908,066 - 728,982,333 Machinery and equipment 20,341,015 1,656,087 (1,172,846) 20,824,256 Total depreciable capital assets 803,006,014 34,628,077 (1,177,058) 836,457,033 Less accumulated depreciation for: Buildings (14,277,737) (2,842,337) 4,212 (17,115,862) Improvements other than buildings (394,909,338) (19,019,886) - (413,929,224) Machinery and equipment (11,531,694) (1,894,054) 1,172,846 (12,252,902) Total accumulated depreciation (420,718,769) (23,756,277) 1,177,058 (443,297,988) Net depreciable capital assets 382,287,245 10,871,800 - 393,159,045 Net business-type activities capital assets 446,035,936$ 17,738,049$ (28,592,544)$ 435,181,441$ Depreciation expense was charged to functions / programs of the primary government as follows: Governmental activities: General government 716,432$ Public safety 1,287,784 Transportation, including depreciation on infrastructure assets 4,174,559 Economic environment 53,125 Culture and recreation 6,063,491 Capital assets held by governmental internal service funds are charged to the various functions based on their usage of assets 10,961,516 23,256,907$ Business-type activities: Water and sewer utility 13,605,210$ Gas utility 3,920,353 Solid waste and recycling utility 1,472,547 Stormwater utility 3,691,659 Marine operations 36,063 Aviation operations 166,720 Parking system operations 530,123 Clearwater Harbor Marina operations 333,602 23,756,277$ City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2021 68 Construction commitments At September 30, 2021, material outstanding construction commitments were as follows: Construction Commitments Project Fund Outstanding Imagine Clearwater Capital Improvement Fund 62,379,754$ Northeast Water Reclamation Facility Improvements Water & Sewer Utility Enterprise Fund 16,475,052 Police Department District 3 Sub-Station Capital Improvement Fund 7,314,666 Cleveland Street Streetscape Phase 3 Capital Improvement Fund 5,363,314 Cleveland Street Streetscape Phase 3 Stormwater Utility Enterprise Fund 4,707,936 Marshall St. Water Reclamation Facility Blending Tank Improvements Water & Sewer Utility Enterprise Fund 1,576,900 Annual Roadway Resurfacing Program Capital Improvement Fund 1,338,319 Annual Stormwater Repairs Stormwater Utility Enterprise Fund 1,100,028 Annual Sidewalk Construction Program Capital Improvement Fund 519,805 Total Construction Commitments 100,775,774$ III.D. Interfund receivables, payables, and transfers III.D.1. Interfund balances As discussed in Note III.A., individual fund deficits in the consolidated cash pool, if any, have been reclassified as of September 30, 2021, as interfund loans from the Capital Improvement Fund, which was selected by management for this purpose. This reclassification results in a corresponding reduction in the cash equity in the Capital Improvement Fund, offset by an increase in interfund receivables. As of September 30, 2021, the Employees’ Pension Fund had a cash pool deficit in the amount of $198,186. The amounts of the reclassified cash pool deficits, if any, as well as the current portion of other individual fund interfund payable and receivable balances are classified as Due from/to Other Funds. The long-term portions of other interfund balances are classified as Advances to/from Other Funds. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2021 69 Due from Due to Advances to Advances from Fund Other Funds Other Funds Other Funds Other Funds General Fund -$ 59,410$ -$ 192,440$ Special Revenue Funds: Special Programs Fund - - 325,440 - Community Redevelopment Agency Fund - - - 325,440 Capital Projects Fund: Capital Improvement Fund 2,252,188 - 6,436,563 - Enterprise Funds: Water & Sewer Fund - 38,302 - 78,963 Solid Waste & Recycling Fund - 518,148 - 2,777,059 Internal Service Funds: Administrative Services Fund - 88,373 - 37,586 General Services Fund - 6,870 - 28,176 Garage Fund - 1,680,163 - 5,519,038 Central Insurance Fund 337,264 - 2,196,699 - Pension Fund: Employees' Pension Fund - 198,186 - - 2,589,452$ 2,589,452$ 8,958,702$ 8,958,702$ Descriptions of interfund loans as of September 30, 2021: An internal loan from the Special Programs special revenue fund to the Community Redevelopment Agency Fund in the amount of $325,440, approved on September 1, 2011, for the environmental cleanup of the Car Pro site in the East Gateway area of the downtown. This loan is interest-free and is to be repaid upon the sale of the developed parcel. Because the first principal payment is not due within one year, this loan is classified as an advance. An internal loan from the Central Insurance Fund to the Solid Waste/Recycling Utility Fund in the amount of $3.5 million, approved November 16, 2017, to partially fund the construction of a Solid Waste Transfer Station. This loan provides for 10 equal payments of $396,812, including interest at 2.35%, beginning September 30, 2019 and ending September 30, 2028. The current portion of this loan ($337,264) is due within one year and is therefore classified as due to/due from other funds, while the long-term portion ($2,196,699) is classified as an advance. An internal loan from the Capital Improvement Fund to the General Fund in the amount of $125,584 to fund the purchase of vehicles and other equipment. This loan provides for 5 equal payments of $26,675, including interest at 2.04%, beginning May 31, 2020 and ending May 31, 2024. The current portion of this loan ($25,106) is due within one year and is therefore classified as due to/due from other funds, while the long-term portion ($51,760) is classified as an advance. An internal loan from the Capital Improvement Fund to the Water & Sewer Utility Fund in the amount of $191,586 to fund the purchase of vehicles and other equipment. This loan provides for 5 equal payments of $40,694, including interest at 2.04%, beginning May 31, 2020 and ending May 31, 2024. The current portion of this loan ($38,302) is due within one year and is therefore classified as due to/due from other funds, while the long-term portion ($78,963) is classified as an advance. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2021 70 An internal loan from the Capital Improvement Fund to the Solid Waste & Recycling Utility Fund in the amount of $395,983 to fund the purchase of vehicles and other equipment. This loan provides for 5 equal payments of $84,109, including interest at 2.04%, beginning May 31, 2020 and ending May 31, 2024. The current portion of this loan ($79,164) is due within one year and is therefore classified as due to/due from other funds, while the long-term portion ($163,206) is classified as an advance. An internal loan from the Capital Improvement Fund to the Administrative Services Fund in the amount of $205,331 to fund the purchase of computers and other equipment. This loan provides for 3 equal payments of $71,172, including interest at 1.98%, beginning May 31, 2020 and ending May 31, 2022. The final payment of this loan ($69,789) is due within one year and is therefore classified as due to/due from other funds. An internal loan from the Capital Improvement Fund to the Garage Fund in the amount of $3,363,457 to fund the purchase of vehicles and other equipment. This loan provides for 5 equal payments of $714,414, including interest at 2.04%, beginning May 31, 2020 and ending May 31, 2024. The current portion of this loan ($672,417) is due within one year and is therefore classified as due to/due from other funds, while the long-term portion ($1,386,266) is classified as an advance. An internal loan from the Capital Improvement Fund to the General Fund in the amount of $174,984 to fund the purchase of vehicles and other equipment. This loan provides for 5 equal payments of $36,054, including interest at 1.00%, beginning July 1, 2022 and ending July 1, 2026. The current portion of this loan ($34,304) is due within one year and is therefore classified as due to/due from other funds, while the long-term portion ($140,680) is classified as an advance. An internal loan from the Capital Improvement Fund to the Solid Waste & Recycling Fund in the amount of $518,874 to fund the purchase of vehicles and other equipment. This loan provides for 5 equal payments of $106,909, including interest at 1.00%, beginning July 1, 2022 and ending July 1, 2026. The current portion of this loan ($101,720) is due within one year and is therefore classified as due to/due from other funds, while the long-term portion ($417,154) is classified as an advance. An internal loan from the Capital Improvement Fund to the Administrative Services Fund in the amount of $56,170 to fund the purchase of computers and other equipment. This loan provides for 3 equal payments of $19,005, including interest at 0.75%, beginning July 1, 2022 and ending July 1, 2024. The current portion of this loan ($18,584) is due within one year and is therefore classified as due to/due from other funds, while the long-term portion ($37,586) is classified as an advance. An internal loan from the Capital Improvement Fund to the General Services Fund in the amount of $35,046 to fund the purchase of vehicles and other equipment. This loan provides for 5 equal payments of $7,221, including interest at 1.00%, beginning July 1, 2022 and ending July 1, 2026. The current portion of this loan ($6,870) is due within one year and is therefore classified as due to/due from other funds, while the long-term portion ($28,176) is classified as an advance. An internal loan from the Capital Improvement Fund to the Garage Fund in the amount of $5,140,518 to fund the purchase of vehicles and other equipment. This loan provides for 5 equal payments of $1,059,151, including interest at 1.00%, beginning July 1, 2022 and ending July 1, 2026. The current portion of this loan ($1,007,746) is due within one year and is therefore classified as due to/due from other funds, while the long-term portion ($4,132,772) is classified as an advance. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2021 71 III.D.2. Interfund transfers Transfers are primarily used to 1) transfer revenues that have been collected in the required fund per state law to the funds and activities that state law allows for expenditures; 2) transfer of “payment in lieu of taxes” contributions from the utility funds to the General Fund; 3) transfer funding from governmental funds to debt service and capital improvements funds; and 4) transfer matching funds from the General Fund to various grant programs. Other non-routine interfund transfers occurring during the current fiscal year included: A transfer of $5,132 from Central Insurance Fund to various funds for safety award funding; a transfer of $131,652 from General Fund to Capital Improvement Fund for the Morningside Recreation Center Replacement project; a transfer of $160,000 from General Fund to Capital Improvement Fund for the Miscellaneous Parks and Recreation Contracts project; a transfer of $143,200 from General Fund to Special Programs Fund for the Mental Health Co-Responder Team program; a transfer of $25,000 from General Fund to Special Programs Fund for the Planning Studies Fund program; a transfer of $20,000 from Parking Fund to Capital Improvement Fund for the Beach Guard Administration Building project; a transfer of $25,000 from Capital Improvement Fund to General Fund to return unspent revenue from the City Hall Hardening project; a transfer of $296,000 from Special Development Fund to Capital Improvement Fund for the Park Land Acquisition project; a transfer of $1,184,867 from Gas Utility Fund to General Fund for additional dividends; a transfer of $10,000 from General Fund to Marine Fund for the Clearwater Ferry’s use of slips for the water taxi; a transfer of $300,000 from General Fund to Capital Improvement Fund for the Greenprint Implementation project; a transfer of $100,000 from Gas Utility Fund to Capital Improvement Fund for the City Wayfinding project; a transfer of $16,046 from Special Programs Fund to Capital Improvement Fund to reallocate unspent revenue in the Human Trafficking Overtime program to the Police Equipment Replacement project. Interfund transfers for the year ended September 30, 2021 consisted of the following: City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2021 72 Transfers to General Fund from: Special Programs Fund 218,734$ Water & Sewer Utility Enterprise Fund 4,798,340 Gas Utility Enterprise Fund 3,184,867 Solid Waste & Recycling Utility Enterprise Fund 1,482,110 Stormwater Utility Enterprise Fund 1,017,660 Nonmajor governmental funds 835,559 Nonmajor enterprise funds 988,749 Internal service funds 28,258 Total 12,554,277 Transfers to Special Programs Fund from: General Fund 891,104 Capital Improvement Fund 15,000 Total 906,104 Transfers to Capital Improvement Fund from: General Fund 6,253,104 Special Development Fund 15,657,860 Special Programs Fund 46,046 Gas Utility Enterprise Fund 100,000 Nonmajor governmental funds 2,000,000 Nonmajor enterprise funds 70,000 Internal service funds 152,460 Total 24,279,470 Transfers to Water & Sewer Utility Enterprise Fund from: Special Development Fund 2,000,000 Special Programs Fund 123,367 Total 2,123,367 Transfers to Gas Utility Enterprise Fund from: Special Programs Fund 63,735 Internal service funds 660 Total 64,395 Transfers to Solid Waste & Reycling Utility Enterprise Fund from: Special Programs Fund 63,562 Internal service funds 801 Total 64,363 Transfers to Stormwater Utility Enterprise Fund from: Special Programs Fund 45,245 Transfers to Nonmajor governmental funds from: General Fund 2,925,683 Nonmajor governmental funds 4,405,416 Total 7,331,099 Transfer to Nonmajor enterprise funds from: General Fund 10,000 Special Programs Fund 63,483 Internal service funds 203 Total 73,686 Transfers to Internal service funds from: General Fund 2,611,619 Capital Improvement Fund 1,794,144 Special Programs Fund 330,470 Solid Waste & Recycling Utility Enterprise Fund 518,874 Stormwater Utility Enterprise Fund 697,918 Nonmajor enterprise funds 55,773 Internal service funds 210 Total 6,009,008 Total interfund transfers 53,451,014$ City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2021 73 III.E. Leases The City purchases various equipment for governmental and business-type activities under capital lease purchase financing agreements (direct borrowings). The equipment is purchased with cash and subsequently provided as collateral via a “lease purchase” financing arrangement, typically for a five-year term. Obligations under these lease purchase agreements are recorded at the present value of their future minimum lease payments as of date of inception. Purchase of the assets is recorded as a cash outflow and the subsequent receipt of the financing proceeds is recorded as “proceeds from issuance of debt” for Statement of Cash Flows reporting. Capitalized equipment subject to lease purchase financing as of September 30, 2021: Governmental Business-type Activities Activities Equipment 30,067,793$ 1,980,304$ Less: Accumulated Depreciation (15,929,445) (1,026,899) Total 14,138,348$ 953,405$ The future minimum lease payments under capital lease purchase financing agreements (direct borrowings) are as follows as of September 30, 2021: Governmental Business-type Year Ending Sept. 30 Activities Activities 2022 5,572,210$ 370,529$ 2023 3,948,757 219,324 2024 2,099,255 176,966 2025 1,458,968 146,279 13,079,190 913,098 Deduction of the amount of imputed interest necessary to reduce net minimum lease payments to present value 12,787,134$ 892,823$ (292,056) (20,275) The City also leases personal computers under a three-year operating lease that is cancelable on an annual basis. Lease payments for fiscal year ended September 30, 2021, totaled $630,161. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2021 74 III.F. Long-term debt III.F.1. Revenue Bonds $14,810,000 in Spring Training Facility Revenue Bonds, Series 2002; issued to provide a portion of the costs of the acquisition, construction, rehabilitation and equipping of a spring training facility to be used by the Philadelphia Phillies major league baseball team; serial bonds due in annual installments of $295,000 on March 1, 2022; interest at 4.70%; 5.375% term bonds in the amount of $1,730,000 due March 1, 2027; and 5.375% term bonds in the amount of $1,750,000 due March 1, 2031. $3,775,000 Total revenue bonds for governmental activities 3,775,000 $9,175,000 Water and Sewer Revenue Refunding Bonds, Series 2011; issued to refund and redeem on December 1, 2011, the City’s callable Water and Sewer Revenue Bonds, Series 2002, maturing after December 1, 2011; serial bonds due in annual installments of $2,020,000 on December 1, 2021, interest at 5.00%. 2,020,000 $69,270,000 Water and Sewer Revenue Refunding Bonds, Series 2017; issued to refund and redeem the outstanding principal of the City’s Water and Sewer Revenue Bonds, Series 2009A, maturing on and after December 1, 2020; term bonds due in annual installments of $700,000 on December 1, 2021, to $9,265,000 on December 1, 2039; interest at 3.50% to 5.00%. 68,600,000 $29,080,000 Water and Sewer Revenue Refunding Bond, Series 2017B; a direct placement bank loan issued to refund and redeem the outstanding principal of the City’s Water and Sewer Revenue Refunding Bonds, Series 2011, maturing on and after December 1, 2022; term bonds due in annual installments of $165,000 on December 1, 2021, to $2,895,000 on December 1, 2032; interest at 2.40%.28,540,000 $20,430,000 Water and Sewer Revenue Refunding Bonds, Series 2020: issued to refund and redeem the outstanding principal of the City’s Water and Sewer Revenue Refunding Bond, Series 2014, a direct placement bank loan, maturing on and after December 1, 2020; serial bonds due in annual installments of $1,235,000 on December 1, 2021, to $2,060,000 on December 1, 2032; interest at 5.00%. 19,450,000 $7,365,000 Gas System Revenue Refunding Bond, Series 2013; a direct placement bank loan issued to current refund the City’s callable Gas System Revenue Refunding Bonds, Series 2004, maturing after September 1, 2013; term bonds due in annual installments of $425,000 on September 1, 2022, to $1,520,000 on September 1, 2026; interest at 2.41%.4,305,000 $5,405,000 Gas System Revenue Refunding Bond, Series 2014; a direct placement bank loan issued to current refund the City’s callable Gas System Revenue Refunding Bonds, Series 2005, maturing after September 1, 2014; term bonds due in annual installments of $285,000 on September 1, 2022, to $2,040,000 on September 1, 2027; interest at 2.67%.3,570,000 City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2021 75 $19,365,000 Stormwater System Revenue Refunding Bonds, Series 2012, issued to pay and redeem all of the Stormwater Revenue Bonds, Series 2002, currently outstanding; serial bonds due in annual installments of $850,000 on November 1, 2021, to $1,350,000 on November 1, 2032, interest at 3.00% to 5.00%. 13,095,000 $11,025,000 Stormwater System Revenue Refunding Bond, Series 2013; a direct placement bank loan issued to advance refund the City’s callable Stormwater System Revenue Bonds, Series 2004, maturing after November 1, 2014; term bonds due in annual installments of $560,000 on November 1, 2021, to $780,000 on November 1, 2032; interest at 2.98%. 7,885,000 Total revenue bonds and direct placement bank loans for business-type activities 147,465,000 Total revenue bonds and direct placement bank loans $151,240,000 III.F.2. Restrictive covenants and collateral requirements The Spring Training Facility Revenue Bonds are special, limited obligations of the City, payable solely from and secured by a lien upon and pledge of the (i) payments received by the City from the State of Florida pursuant to Section 212.20, Florida Statutes (State payments); and (ii) payments received by the City from Pinellas County, Florida pursuant to the Interlocal Agreement dated December 1, 2000 (County payments). The pledge of the State Payments and County Payments does not constitute a lien upon any property of the City. Furthermore, neither the City, Pinellas County, the State of Florida, nor any political subdivision thereof has pledged its faith or credit or taxing power to the payment of the bonds. However, the City has pledged, per a municipal bond insurance debt service agreement, to supplement State and County payments on deposit in the Revenue Fund with non-ad valorem City revenues, if necessary, to pay debt service. The Water and Sewer Revenue Refunding Bonds, Series 2011, Series 2017, Series 2017B and Series 2020; are limited obligations of the City payable solely from and secured by a lien upon and pledge of the net revenues of the City’s water and sewer system (System). The pledge of the System’s net revenues does not constitute a lien upon any property of the City. The covenants of the ordinances authorizing the bonds include, among other things, an obligation of the City to fix and maintain such rates, and collect such fees, rentals and other charges for the services and facilities of the System and revise the same from time to time whenever necessary, which will provide gross revenues in each fiscal year sufficient to pay the cost of operation and maintenance of the system; one hundred fifteen percent (115%) of the bond service requirement becoming due in such fiscal year on the outstanding bonds; plus one hundred percent (100%) of all reserve and other payments required to be made pursuant to the ordinances authorizing the bonds. The City further covenants that such rates, fees, rentals and other charges will not be reduced so as to render them insufficient to provide gross revenues for such purpose. A Reserve Fund has been funded for the 2011 bonds. The Gas System Revenue Refunding Bonds, Series 2013 and Series 2014, are limited obligations of the City payable solely from and secured by a lien upon and pledge of the net revenues of the City’s gas system (System). The pledge of the System’s net revenues does not constitute a lien upon any property of the City. The covenants of the ordinances authorizing the bonds include, among other things, an obligation of the City to fix, establish, revise from time to time whenever necessary, maintain and collect always, such fees, rates, rentals and other charges for the use of the product, services and facilities of the System which will always provide revenues in each year sufficient to pay, and out of such funds pay, 100% of the cost of operations and maintenance of the System in such year and all reserve and other payments provided for in the ordinances authorizing the bonds, along with one hundred twenty five percent (125%) of the bond service requirement due in such year on all outstanding bonds. The Stormwater Revenue Refunding Bonds, Series 2012 and Series 2013, are limited obligations of the City payable solely from and secured by a lien upon and pledge of the net revenues of the City’s stormwater management system (System). The pledge of the System’s net revenues does not constitute a lien upon any property of the City. The covenants of the City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2021 76 ordinances authorizing the bonds include, among other things, an obligation of the City to fix, revise from time to time whenever necessary, and maintain and collect always such fees, rates, rentals and other charges for use of the products, services, and facilities which will always provide net revenues in each year sufficient to pay one hundred fifteen percent (115%) of the bond service requirement becoming due in such fiscal year on the outstanding bonds. The City further covenants that such rates, fees, rentals and other charges will not be reduced so as to render them insufficient to provide revenues for such purpose. Additionally, the covenants of each of the above issues includes a “Reserve Requirement” equal to the lesser of the Maximum Bond Service Requirement for any given year; 125% of the Average Annual Bond Service Requirement; or the largest amount as shall not adversely affect the exclusion of interest on the Bonds from gross income for Federal income tax purposes. A Reserve Fund has been funded for the Series 2012 Bonds. Annual debt service requirements to maturity for revenue bonds and direct placement bank loans are as follows: Year Ending September 30 Principal Interest Principal Interest Principal Interest 2022 295,000$ 193,983$ 4,805,000$ 4,408,650$ 1,435,000$ 1,108,679$ 2023 310,000 178,719 2,915,000 4,222,044 3,595,000 1,044,515 2024 325,000 161,653 3,065,000 4,074,688 3,670,000 953,238 2025 345,000 143,647 3,215,000 3,927,538 4,800,000 859,939 2026 365,000 124,566 3,360,000 3,778,113 4,925,000 739,213 2027-2031 2,135,000 298,447 19,260,000 16,400,481 18,605,000 2,038,250 2032-2036 - - 31,595,000 11,002,525 7,270,000 184,445 2037-2040 - - 34,950,000 2,865,400 - - Totals 3,775,000$ 1,101,015$ 103,165,000$ 50,679,439$ 44,300,000$ 6,928,279$ Governmental Activities Revenue Bonds Direct Placement Bank Loans Business-type Activities Revenue Bonds III.F.3. Pledged revenues State of Florida and Pinellas County Payments Pledged: The City has pledged future revenues derived from payments received from the State of Florida pursuant to Section 212.20, Florida Statutes, and payments from Pinellas County, Florida pursuant to an Interlocal Agreement, together with any investment income earned on the revenues, to repay $14.8 million in Spring Training Facility Revenue bonds issued in September 2002. Proceeds from the bonds provided financing for a portion of the costs of the acquisition, construction, rehabilitation, and equipping of a spring training facility to be used by the Philadelphia Phillies major league baseball team. The bonds are payable solely from the State of Florida and Pinellas County, Florida payments and are payable through March 2031. Annual principal and interest payments on the bonds are expected to require less than 100 percent of net revenues. The total principal and interest remaining to be paid on the bonds is $4,876,015. Principal and interest paid for the current year and total revenue received were $1,064,627 and $743,213, respectively. Water and Sewer Utility Net Revenues Pledged: The City has pledged future net revenues of the City of Clearwater, Florida, Water & Sewer Utility, defined as all income or earnings, including any income from the investment of funds, derived by the City from the operation of the utility after deduction of current expenses for the operation, maintenance and repair of the system, but not including reserves for renewals and replacements, for extraordinary repairs or any allowance for depreciation to repay: $47.0 million Water and Sewer Revenue Refunding bonds issued in September 2011. Proceeds from the bonds provided financing to refund and redeem the outstanding principal maturing after December 1, 2011 of the City’s Water and Sewer City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2021 77 Revenue Bonds, Series 2002. The bonds are payable solely from the Water and Sewer Utility net revenues and, after a partial refunding in September 2017, are payable through December 2021. $69.3 million Water and Sewer Revenue Refunding bonds issued in February 2017. Proceeds from the bonds provided financing to refund and redeem the outstanding principal maturing on or after December 1, 2020 of the City’s Water and Sewer Revenue Bonds, Series 2009A. The bonds are payable solely from the Water and Sewer Utility net revenues and are payable through December 2039. $29.1 million Water and Sewer Revenue Refunding bond, a direct placement bank loan, issued in September 2017. Proceeds from the bonds provided financing to refund and redeem the outstanding principal maturing on or after December 1, 2022 of the City’s Water and Sewer Revenue Refunding Bonds, Series 2011. The bonds are payable solely from the Water and Sewer Utility net revenues and are payable through December 2032. $20.4 million Water and Sewer Revenue Refunding bonds issued January 2020. Proceeds from the bonds provided financing to refund and redeem the outstanding principal maturing on or after December 1, 2020 of the City’s Water and Sewer Revenue Refunding bond, Series 2014, a direct placement bank loan. The bonds are payable solely from the Water and Sewer Utility net revenues and are payable through December 2032. Annual principal and interest payments on the bonds are expected to require less than 85 percent of net revenues. The total principal and interest remaining to be paid on the bonds is $170,850,095. Principal and interest paid for the current year ($8,547,340) required 19.94% of total net revenue ($42,864,775). Stormwater Utility Net Revenues Pledged: The City has pledged future net revenues of the City of Clearwater, Florida, Stormwater Utility, defined as all income or earnings, including any income from the investment of funds, derived by the City from the operation of the utility after deduction of current expenses for the operation, maintenance and repair of the system, but not including reserves for renewals and replacements, for extraordinary repairs or any allowance for depreciation to repay: $19.4 million Stormwater Revenue Refunding bonds issued in February 2012. Proceeds from the bonds provided sufficient funds to be available on March 5, 2012 to pay and redeem the City’s outstanding Stormwater Revenue Bonds, Series 2002. The bonds are payable solely from the Stormwater Utility net revenues and are payable through November 2032. $11.0 million Stormwater Revenue Refunding bond, a direct placement bank loan, issued in June 2013. Proceeds from the bonds provided sufficient funds to pay and redeem the City’s Stormwater Revenue Bonds, Series 2004, maturing after November 1, 2014. The bonds are payable solely from the Stormwater Utility net revenues and are payable through November 2032. Annual principal and interest payments on the bonds are expected to require less than 60 percent of net revenues. The total principal and interest remaining to be paid on the bonds is $25,506,387. Principal and interest paid for the current year ($2,102,869) required 24.51% of total net revenue ($8,578,790). Gas System Utility Net Revenues Pledged: The City has pledged future net revenues of the City of Clearwater, Florida, Gas System Utility defined as all income or earnings, including any income from the investment of funds, derived by the City from the operation of the utility after deduction of current expenses for the operation, maintenance and repair of the system, but not including reserves for renewals and replacements, for extraordinary repairs or any allowance for depreciation to repay: $7.4 million Gas System Revenue Refunding bond, a direct placement bank loan, issued in June 2013. Proceeds from the bonds provided financing to refund the outstanding principal of the Gas System Revenue Refunding bonds, Series 2004. The bonds are payable solely from the Gas System Utility net revenues and are payable through September 2026. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2021 78 $5.4 million Gas System Revenue Refunding bond, a direct placement bank loan, issued in June 2014. Proceeds from the bonds provided financing to refund the outstanding principal of the Gas System Revenue Refunding bonds, Series 2005. The bonds are payable solely from the Gas System Utility net revenues and are payable through September 2027. Annual principal and interest payments on the bonds are expected to require less than 60 percent of net revenues. The total principal and interest remaining to be paid on the bonds is $8,716,233. Principal and interest paid for the current year ($911,560) required 8.82% of total net revenue ($10,337,971). III.F.4. Advance refunding of bonds On September 21, 2017, the City issued at a discount $29,080,000 of Water & Sewer Revenue Refunding Bonds, Series 2017B, a direct placement bank loan, for the purpose of advance refunding and redeeming on December 1, 2021, $30,465,000 principal of Water & Sewer Revenue Refunding Bonds, Series 2011, maturing on or after December 1, 2022. The net proceeds in the amount of $34,708,045 (after payment of $91,402 plus additional cash of $5,792,147 from released debt service reserve escrow), were deposited into an irrevocable trust with an escrow agent to provide for all future debt service payments on the refunded bonds. The refunding transaction resulted in an aggregate debt service reduction in the amount of $9,757,105 and an economic gain (difference between the present value of the debt service payments on the old and new debt) of $2,336,358. The outstanding principal of the refunded bonds was $30,465,000 at September 30, 2021. A portion of the proceeds of the above-referenced bond issues was deposited into an irrevocable trust with an escrow agent and used to purchase securities of the United States Government and related agencies at various maturities and interest rates sufficient to meet all debt service requirements of the refunded debt. These assets are administered by trustees and are restricted to use for retirement of the refunded debt. The liability for the refunded bonds and the related securities and escrow accounts are not included in the accompanying financial statements as the City defeased its obligation for payment of the refunded debt upon completion of the refunding transactions. III.F.5 Non-Ad valorem revenue bonds On November 21, 2019, City Council adopted Resolution 19-34 authorizing the issuance of not-to-exceed $30 million of City of Clearwater, Florida Non-Ad Valorem Revenue Bonds, Series 2020 (Imagine Clearwater Improvements) to finance and/or reimburse a portion of the costs of acquisition, design, construction, reconstruction, renovation, expansion, improving and equipping the Imagine Clearwater project at Coachman Park. The bonds will be issued as covenant to budget and appropriate legally available non-ad valorem revenue bonds (CBA bonds), which are not a traditional revenue pledge but rather a covenant, or “promise”, to budget and appropriate non-ad valorem revenues each budget year, sufficient to pay debt service and other costs of the bonds. On February 6, 2020, City Council adopted Ordinance 9357-20, ratifying the adoption of Resolution 19-34, and authorizing the issuance of bonds to finance a portion of the costs of the Imagine Clearwater project in accordance with the Clearwater Code of Ordinances. Pursuant to a hearing on September 1, 2020, a Final Judgement was issued by the Circuit Court for Pinellas County validating and confirming the bonds, including the City’s authority to issue the bonds; the legality and validity of the bonds; the legality and validity of the proceedings authorizing the issuance and execution of the bonds including the bond resolution and bond ordinance, and the adoption of both the bond resolution and bond ordinance; the lawfulness of the City’s covenant to budget, appropriate and deposit non-ad valorem revenues in the manner and to the extent provided in the bond resolution and the pledge of funds to secure payment of the bonds; and the legality and validity of all matters and proceedings in connection therewith. As of September 30, 2021, the bonds are estimated to be issued in July of 2022. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2021 79 III.F. 6. Changes in long-term liabilities Beginning Ending Due Within Balance Additions Reductions Balance One Year Governmental activities: Revenue bonds payable 4,620,000$ -$ (845,000)$ 3,775,000$ 295,000$ Add (subtract) deferred amounts: For issuance premiums (discounts) 60,881 - (10,334) 50,547 - Net revenue bonds payable 4,680,881 - (855,334) 3,825,547 295,000 Capital lease purchase agreements (a) 19,901,064 - (7,113,930) 12,787,134 5,406,861 Compensated absences (b) 9,995,484 4,048,609 (4,526,296) 9,517,797 4,999,471 Other postemployment benefits (c) 17,867,074 2,023,546 (804,117) 19,086,503 - Claims payable (d) 9,453,227 22,000,189 (21,386,216) 10,067,200 3,930,400 Governmental activity Long-term liabilities 61,897,730$ 28,072,344$ (34,685,893)$ 55,284,181$ 14,631,732$ Business-type activities: Revenue bonds payable 107,550,000$ -$ (4,385,000)$ 103,165,000$ 4,805,000$ Less deferred amounts: For issuance premiums (discounts) 8,818,588 - (982,698) 7,835,890 - Net revenue bonds payable 116,368,588 - (5,367,698) 111,000,890 4,805,000 Direct placement bank loans (e) 45,705,000 - (1,405,000) 44,300,000 1,435,000 Less deferred amounts: For issuance premiums (discounts) (51,437) - 6,988 (44,449) - Net direct placement bank loans 45,653,563 - (1,398,012) 44,255,551 1,435,000 Capital lease purchase agreements (a) 1,338,341 - (445,518) 892,823 360,070 Compensated absences (b) 2,623,239 846,966 (1,118,419) 2,351,786 1,235,336 Other postemployment benefits (c) 7,920,350 852,203 (338,648) 8,433,905 - Business-type activity Long-term liabilities 173,904,081$ 1,699,169$ (8,668,295)$ 166,934,955$ 7,835,406$ (a) Capital lease purchase agreements (direct borrowings): On September 19, 2013, City Council approved a Master Lease Purchase Agreement with The Bankcorp Bank d/b/a Mears Motor Leasing (lessor) to finance the acquisition of vehicles and equipment from October 1, 2013 through September 30, 2018. Since the agreement expired at the end of fiscal 2018, there is no remaining line of credit as of September 30, 2020. The vehicles and equipment were purchased by the city with cash and subsequently provided as collateral to the lessor. The city has the option to prepay without any prepayment penalty. In the event that insufficient funds are appropriated in any fiscal year to pay the lease charges, the agreement will terminate on the last day of the fiscal year for which payments were made, and the city will surrender the vehicles and equipment to the lessor. In the event of default, the lessor’s sole remedy is to sue for compensatory damages, which are agreed to be any accrued and unpaid rental payments, provided that the vehicles and equipment are surrendered to the lessor in proper working order. On February 1, 2019, City Council approved a Master Lease Purchase Agreement with SunTrust Equipment Finance and Leasing Corp., now Truist Equipment Finance Corp., (lessor) to provide a line of credit in the amount of $36,650,000 to finance the acquisition of vehicles and equipment from October 1, 2018 through September 30, 2023. The remaining line of credit as of September 30, 2021 is $25,945,345. The vehicles and equipment were City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2021 80 purchased by the city with cash and subsequently provided as collateral to the lessor. The city has the option to prepay in whole but not in part on any payment date as set forth in the applicable Payment Schedule, if and to the extent the Payment Schedule permits such prepayment, with written notice given not less than thirty days prior to the payment date. In the event that that sufficient funds are not appropriated for the following fiscal year, the city will be deemed to not have renewed the lease, the lease will terminate at the end of the current fiscal year, and the city will be required to return the equipment to the lessor. In the event of default, the lessor may, at its option, declare all rental payments due to the end of the current budget year to be immediately due and payable, terminate the lease and repossess any or all of the equipment, or exercise any other remedy available at law or in equity with respect to such default. The lease purchase contracts reduction of $7,113,930 includes $6,341,982 for internal service funds and $771,948 for governmental funds. There are no additions for governmental funds for fiscal 2021. (b) Compensated absences are paid by the fund where salaries are incurred, which is primarily the General Fund for governmental activities. (c) Since the OPEB plan’s inception in fiscal 2008, other postemployment benefits costs are allocated to and paid by funds based on their percentage of full-time equivalent employees, which is primarily the General Fund for governmental activities. (d) The Central Insurance Fund, an internal service fund, accrues for estimated claims and pays claims for all departments. (e) Direct placement bank loans outstanding include: $4,715,000 for Gas System Revenue Refunding Bond, Series 2013, and $8,430,000 for Stormwater System Revenue Refunding Bonds, Series 2013, issued by STI Institutional & Governmental, Inc. Net revenues derived by the City from the operation of the respective utility system are pledged as security for the loans. In the event of default as defined in the City’s bond ordinance, the default rate of interest shall be the lesser of the maximum rate permitted by law or 18%. There are no termination or acceleration provisions that have finance-related consequences. $3,855,000 for Gas System Revenue Refunding Bond, Series 2014, issued by TD Bank, N.A. Net revenues derived by the City from the operations of the respective utility systems are pledged as security for the loans. In the event of default as defined by the City’s bond ordinance, the default rate of interest shall be Prime Rate plus 4%. There are no termination or acceleration provisions that have finance-related consequences. $28,705,000 for Water and Sewer Revenue Refunding Bond, Series 2017B, issued by Raymond James Capital Funding, Inc. Net revenues derived by the City from the operation of the City’s water and sewer utility are pledged as security for the loan. In the event of default as defined by the City’s bond ordinance, the default rate of interest shall be the greater of (a) Prime Rate plus 3%, (b) the Federal Funds Rate plus 5%, or (c) 7% per annum. There are no termination or acceleration provisions that have finance-related consequences. III.G. Restricted assets Restricted assets are classified as current or noncurrent on the Statement of Net Position based on the underlying liabilities payable from the restricted assets. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2021 81 III.G.1. Water and Sewer Utility Fund Assets in the Water and Sewer Utility Fund restricted for construction include: Sewer Improvement charges, the use of which is restricted by the authorizing ordinance to the construction of additions to the sewer system; assets remaining at September 30, 2021, are: Cash and Investments $2,702,168 Assets of the Water and Sewer Utility Fund restricted under the provisions of the ordinances authorizing the issuance of Water and Sewer Revenue Bonds consisted of the following at September 30, 2021: Water and Sewer Revenue Bonds Debt Service: Cash and Investments 7,079,170 Water and Sewer Revenue Bonds Renewals and Replacements: Cash and Investments 6,624,025 Assets of the Water and Sewer Utility Fund representing Customers' Deposits and therefore restricted, consisting entirely of Cash and Investments at September 30, 2021 4,301,758 Total restricted assets – Water and Sewer Utility Fund $20,707,121 III.G.2. Gas Utility Fund Assets in the Gas Utility Fund restricted under the provisions of the ordinance authorizing the issuance of revenue bonds consisted of the following at September 30, 2021: Gas System Revenue Bonds Debt Service: Cash and Investments $ 75,756 Renewals and Replacements: Cash and Investments 300,000 Assets of the Gas Utility Fund representing Customers' Deposits at September 30, 2021: Cash and Investments 3,532,772 Total restricted assets – Gas Utility Fund $ 3,908,528 III.G.3. Solid Waste & Recycling Utility Fund Restricted assets in the Solid Waste & Recycling Utility Fund represent customer deposits in the amount of $1,275,272 at September 30, 2021, consisting entirely of Cash and Investments. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2021 82 III.G.4. Stormwater Utility Fund Assets restricted under the provisions of the ordinances for the issuance of revenue bonds consisted of the following at September 30, 2021: Stormwater Revenue Refunding Bonds – Series 2012 Debt Service: Cash and Investments $2,355,927 Stormwater Revenue Refunding Bonds – Series 2013 Debt Service: Cash and Investments 611,238 Total restricted assets – Stormwater Utility Fund $2,967,165 City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2021 83 II.H. Fund Balance Classification Special Special Capital Non-Major General Development Programs Improvement Governmental Fund Fund Fund Fund Funds Non Spendable: Inventories 45,681$ -$ -$ -$ -$ Prepaid items 800 - - - - Restricted for: General government - - 1,344 225,637 - Public safety - - 3,483,847 9,004,332 - Physical environment - 21,611 994,051 3,107,094 - Transportation - 2,288,688 - 20,014,149 - Economic environment - - 6,188,936 - 10,844,466 Human services - - 389,137 - - Culture and recreation - 3,592,893 154,060 12,281,901 453,556 Infrastructure capital projects - 3,169,505 - - - Committed to: General government - - 986,209 2,615,749 - Public safety - - 515,278 1,843,059 - Physical environment - - - 2,562,195 - Transportation - - - 8,882,052 - Economic environment - - 95,288 499,245 - Human services - - 3,434 - - Culture and recreation - - 165,110 6,429,524 - Assigned to: General government 113,789 - 136,710 - - Public safety 349,088 - 3,231,953 - - Physical environment - 459,286 137,609 - - Transportation 11,249 - - - - Economic environment 7,582 - 590,123 - - Human services - - 54,345 - - Culture and recreation 148,062 84,349 44,184 - - Infrastructure capital projects - 4,661,250 - - - Unassigned 67,748,675 - - - - Total Fund Balances 68,424,926$ 14,277,582$ 17,171,618$ 67,464,937$ 11,298,022$ General Fund assigned fund balance ($629,770) relates to encumbrances. In the Special Development Fund, restricted amounts relate to collections from drainage fees ($21,611), sidewalk fees ($293,622), transportation impact fees ($1,839,162), local option gas tax ($155,904), recreation impact fees ($3,592,893), and local infrastructure sales tax ($3,169,505). Assigned amounts relate to the portion of property tax revenues that is set aside in the budget process to provide funding for road maintenance projects ($459,286), interest earned on recreation impact fees ($84,349), and interest earned on local infrastructure sales tax balances ($4,661,250). City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2021 84 Significant restrictions in Special Programs Fund include public safety restrictions for law enforcement programs ($2,067,771) and EMS programs ($1,416,076); physical environment restrictions for tree replacements ($994,051); and economic environment restrictions for economic development programs ($3,261,411) and low income housing ($2,927,525). Significant commitments include general government commitments for electronic plan submittal program ($139,073), Nagano Sister City program ($131,693), the lien foreclosure program ($392,959) and the planning studies fund ($322,484); and commitments to public safety for police vehicles ($330,380), and law enforcement programs ($184,898). Assigned amounts relate to emergency operations ($2,318,409) and interest earned on program balances for general government ($136,710), public safety ($913,544), physical environment ($137,609), economic environment ($464,678), human services ($54,345), and culture and recreation ($44,184). Additional amounts assigned for economic environment purposes are for low income housing ($125,445). Amounts in the Capital Improvement Fund all relate to funding for various capital projects. Significant restrictions in the non-major governmental funds include economic environment restrictions for low income housing ($10,831,566) and community redevelopment ($12,900); and culture and recreation restrictions for debt service ($453,556). Note IV - Other Information IV.A. Risk management The City is self-insured within certain parameters for losses arising from claims for general liability, auto liability, police professional liability, public official’s liability, property damage, and workers' compensation. Insurance coverage has been maintained by the City to pay for or indemnify the City for losses in excess of certain specific retentions and up to specified maximum limits in the case of claims for liability, property damage, and workers' compensation. The liability excess coverage is $5,000,000 per occurrence ($10,000,000 aggregate) with self-insured retention of $500,000. There is workers’ compensation coverage to the statutory limit, with self-insured retention of $600,000. The property damage excess coverage is $100 million per occurrence, except $75 million for the perils of Named Storm (per occurrence), Flood (annual aggregate) and Earth Movement (annual aggregate) after either a $100,000 self-insured retention for perils other than a named storm or 5% self-insured retention for named storm and High Hazard Flood with a $100,000 minimum. Settled claims have not exceeded excess coverage in any of the past three years. On October 17, 2012, City Council authorized a partial self-insured funding arrangement with Cigna for health insurance effective for the plan year beginning January 1, 2013. Per this arrangement, the City is self-insured for medical and pharmacy claims up to $250,000 per person per year. The City has purchased stop loss insurance from Cigna which covers 50% of individual claims for any amount of the claim between the amounts of $250,000 and $350,000 and covers 100% of individual claims for any amount of the claim exceeding the amount of $350,000 per person per year. In accordance with the fully insured arrangement between the City and Cigna prior to January 1, 2013, the City has no liability for health insurance claims incurred prior to this date. The City estimates a liability for health insurance claims incurred but not yet paid as of September 30, 2021 in the amount of $1,445,200. The transactions relating to the self-insurance program are accounted for in the Central Insurance Fund, an internal service fund. The billings by the Central Insurance Fund to the various operating funds (the interfund premiums) are based on actuarial estimates of the amounts needed to pay prior and current year claims. The claims liability reported at September 30, 2021, is based on the requirements of GASB Statement No. 10, which requires that a liability for claims be reported if information prior to the issuance of the financial statements indicates that it is probable that a liability has been incurred at the date of the financial statements and the amount of the loss can be reasonably estimated. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2021 85 Changes in the claims liability amounts in fiscal years 2021 and 2020 were: Self Insurance Balance at September 30, 2019 10,158,001$ Current year claims and changes in estimates 15,782,534 Claims paid (16,487,308) Balance at September 30, 2020 9,453,227 Current year claims and changes in estimates 22,000,189 Claims paid (21,386,216) Balance at September 30, 2021 10,067,200$ IV.B. Employee retirement systems and pension plans IV.B.1. Defined benefit pension plans The City contributes to two separate single-employer, self-administered defined benefit pension plans covering approximately three-fourths of all City employees. The Employees' Pension Plan covers all permanent, full-time City employees who successfully pass the required physical examination, except for firefighters employed prior to July 1, 1963, and certain unclassified (primarily managerial) employees. The Firefighters’ Relief and Pension Plan covered eligible firefighters hired prior to July 1, 1963 and is closed to new entrants. As indicated, both plans are self-administered, and the administrative costs of the plans are financed from the respective plan assets. Each pension fund is accounted for as a pension trust fund; therefore, each is accounted for in substantially the same manner as proprietary funds with an economic resources measurement focus and the accrual basis of accounting. Fund assets, primarily investments, are valued at fair value for balance sheet purposes. Investment values are determined using the estimated fair value determined by averaging estimated fair values obtained from three or more nationally recognized brokers. For purposes of measuring the net pension liability (asset), deferred outflows of resources and deferred inflows of resources related to pensions, and pension expense, information about the fiduciary net position of the plans, and additions to/deductions from the plans’ fiduciary net position have been determined on the same basis as they are reported by the plans. For this purpose, benefit payments (including refunds of employee contributions) are recognized when due and payable in accordance with the benefit terms. Detailed information about each plan’s fiduciary net position is available on pages 106-111 and pages 136-137 of this Annual Comprehensive Financial Report. Neither of these plans issues a stand-alone financial report. The Employees' Pension Plan is authorized by and operates under the provisions of Sections 2.391 through 2.428 of the Municipal Code of the City of Clearwater. Sections 2.391 through 2.401 apply to those participants who attained a vested benefit and terminated employment prior to January 1, 2013. Sections 2.410 through 2.428 apply to those participants who are actively employed by the City of Clearwater as of or after January 1, 2013. Plan provisions have been duly approved as required by the voters in referendums. Since the last valuation, there have been no revisions in benefits. The investment rate assumption has been reduced by 0.10% from 6.65% to 6.55%, with a further decrease to 6.50% approved for the next valuation dated January 1, 2022. Additionally, the mortality tables and improvement scales were revised to reflect the updated mortality assumptions used in the July 1, 2019 Florida Retirement System (FRS) Actuarial Valuation, as mandated by Florida Statutes Chapter 112.63(1)(f). These assumption changes caused the required City contribution to increase by $121,678, or 0.14% of covered pensionable payroll. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2021 86 Management of the Employees’ Pension Plan is vested in the Clearwater City Council, serving as the Pension Trustees. Plan membership/Employees covered by benefit terms. As of the most recent actuarial valuation date, January 1, 2021, the membership of the Employees’ Pension Plan was as follows: Employees' Pension Plan Retirees and beneficiaries currently receiving benefits 1,348 Terminated employees entitled to benefits but not yet receiving them 74 Active employees 1,541 Total number of participants 2,963 Benefits provided. The normal retirement benefit is a monthly benefit equal to 2.75% of average monthly compensation (2.00% for participants in non-hazardous duty hired on or after January 1, 2013) for the highest five of the final ten years of service multiplied by the number of years of service to date of retirement. Eligibility for normal retirement occurs upon completion of 10 years of service and the attainment of age 65, or completion of 20 years of service and the attainment of age 55, or completion of 30 years of service regardless of age, for employees hired before January 1, 2013 who are engaged in non- hazardous duty. For employees hired on or after January 1, 2013 who are engaged in non-hazardous duty, eligibility for normal retirement occurs upon completion of 25 years of service and attainment of age 60, or completion of 10 years of service and attainment of age 65. For those engaged in hazardous duty, eligibility occurs upon completion of 20 years of service or upon completion of 10 years of service and attainment of age 55. For all hazardous duty participants and non-hazardous duty participants eligible to retire as of January 1, 2013, the normal monthly benefit is payable for the life of the participant and will continue, after the participant's death, to be paid at the same amount for 5 years to the surviving spouse; after 5 years, the survivor annuity is reduced to 50% of the original amount and ceases upon death or remarriage of the spouse. For non- hazardous duty participants not eligible to retire as of January 1, 2013, the normal benefit is a monthly annuity paid for the life of the participant. There are several other benefit payment options that are computed to be the actuarial equivalent of the normal benefit. The plan provides for an annual cost of living adjustment (COLA) of up to 1.5% for benefits accrued prior to January 1, 2013. For non-hazardous duty participants, there is a five-year delay until the cost of living increase is applied to benefits accrued after January 1, 2013, and for Hazardous Duty Firefighters, there is no cost of living increase for benefits accrued after January 1, 2013. For Hazardous Duty Police Officers actively employed on or after January 1, 2020, there is a COLA of 1.5% on all benefits accrued after January 1, 2013. For all non-grandfathered Hazardous Duty Police Officers (not eligible for normal retirement on January 1, 2013), there will be a five-year delay (after the retirement date) until the COLA is applied to benefits accrued after January 1, 2013. The plan also provides for disability and death benefits, vesting after completion of 10 years of service and the refund of employee contributions in case of a non-vested termination. Covered employees in non-hazardous duty and employees in hazardous duty who are eligible to retire as of January 1, 2013 contribute 8% of their compensation. Covered employees in hazardous duty who are not eligible to retire as of January 1, 2013 contribute 10% of their compensation. It is the City's obligation to provide a sufficient additional contribution to maintain the actuarial soundness of the fund but, in any event, not less than 7% of participating employee’s compensation per the ordinance governing the plan. Contributions. Employer contributions are made in equal installments during the first two quarters of the fiscal year based upon the actuarially determined percentage of payroll and the actual payroll payable at the time contributions are made. The minimum required City contribution is 7% of covered payroll. Member contributions are made continuously throughout the year. Investment policy. The Employees’ Pension Plan Statement of Investment Objectives and Guidelines was adopted by the Pension Trustees on December 16, 2019. The investment policy requires an annual review by the Pension Investment Committee with a recommendation to the Pension Trustees to confirm or revise. The following was the Trustees’ adopted asset allocation policy as of September 30, 2021: City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2021 87 The Employees’ Pension Plan has invested in real estate, timber, and infrastructure limited partnership funds. The strategies of these funds are long term and illiquid in nature. As a result, investors are subject to redemption restrictions which generally limit distributions and restrict the ability of limited partners to exit a partnership investment prior to its dissolution. These investments partnerships are valued using their respective net asset value (NAV) and are audited annually. The most significant input into the NAV of such an entity is the fair value of its investment holdings. These holdings are valued by the general partners on a quarterly or semi-annual basis, in conjunction with management and investment advisors, and consultation with valuation specialists. The management assumptions are based upon the nature of the investment and the underlying business. The valuation techniques vary based upon investment type and involve a certain degree of expert judgment. All timber acquisitions are valued per an independent expert third party appraisal within one year of acquisition and similar independent third-party appraisals of fair value are conducted at least every three years thereafter. The infrastructure fund’s assets are valued by international recognized accounting firms and/or internationally recognized appraisal firms (independent appraisers) on a quarterly basis, with the independent appraisers rotated at three-year intervals. Concentrations. As of September 30, 2021, the Employees' Pension Plan held no investments (other than U.S. Government or U.S. Government guaranteed obligations) in any one organization comprising 5% or more of the net position available for benefits. Rate of return. For the fiscal year ended September 30, 2021, the annual money-weighted rate of return on investments of the Employees’ Pension Plan, net of pension plan investment expense, was 20.61%. The money-weighted rate of return expresses investment performance, net of investment expense, adjusted for the changing amounts actually invested. Net pension liability (asset). The components of the net pension liability (asset) of the City for the Employees’ Pension Plan at September 30, 2021, were as follows: Asset Class Target Allocation U.S. Large Cap Equities 26.00% U.S. Mid Cap Equities 8.00% U.S. Small Cap Equities 5.00% International Equities 14.00% Emerging Markets Equities 4.00% U.S. Short Term T-Bills 1.00% U.S. Long Term Treasury Bonds 4.00% U.S. Core Fixed Income 13.00% U.S. Investment Grade Corporate Bonds 8.00% U.S. Municipal Bonds 1.00% Global Bonds 1.00% U.S. Private Real Estate and Infrastructure 15.00% 100.00% City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2021 88 Total pension liability 1,055,835,834$ Plan fiduciary net position 1,325,814,385 City's net pension liability (asset) (269,978,551)$ Plan fiduciary net position as a percentage of 125.57% the total pension liability The changes in the net pension liability (asset) of the City for the Employees’ Pension Plan for the year ending September 30, 2021 were as follows: Total Pension Plan Fiduciary Net Pension Liability Net Position Liability/(Asset) (a) (b) (a) - (b) Balances at 9/30/2020 1,042,461,593$ 1,132,560,858$ (90,099,265)$ Changes for the year: Service cost 18,412,162 - 18,412,162 Interest 68,636,343 - 68,636,343 Benefit changes - - - Differences between expected and actual experience 166,476 - 166,476 Assumption changes (16,344,158) - (16,344,158) Contributions - employer - 11,917,353 (11,917,353) Contributions - employee - 8,013,951 (8,013,951) Contributions - state tax - 12,000 (12,000) Net investment income - 231,147,434 (231,147,434) Benefit payments, including refunds of employee contributions (57,496,582) (57,496,582) - Administrative expense - (340,629) 340,629 Net changes 13,374,241 193,253,527 (179,879,286) Balances at 9/30/2021 1,055,835,834$ 1,325,814,385$ (269,978,551)$ Increase (Decrease) Actuarial assumptions. The total pension liability was determined by an actuarial valuation as of January 1, 2021 (Valuation Date), using the following actuarial assumptions, applied to September 30, 2021 (Measurement Date): Inflation 2.25% Salary increases Hazardous Duty - 4.50% to 7.60%, including 2.25% inflation, based on merit and seniority Non-Hazardous Duty - 2.75% to 6.50%, including 2.25% inflation, based on merit and seniority Investment rate of return 6.55% net of investment expense City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2021 89 The actuarial assumptions used in the January 1, 2021 valuation were based on the results of an Experience Investigation for the Five Years Ended December 31, 2017. Since the last valuation, the investment return assumption was reduced by 0.10% from 6.65% to 6.55%, with a further reduction approved from 6.55% to 6.50% effective January 1, 2022. Additionally, the mortality tables and improvement scales were updated to reflect the updated mortality assumptions used in the July 1, 2019 Florida Retirement System (FRS) Actuarial Valuation, as mandated by Florida Statutes Chapter 112.63(1)(f). These assumption changes caused the required City contribution to increase by $121,678, or .014% of covered pensionable payroll. Long-term expected rate of return. The long-term expected rate of return on investments of the Employees’ Pension Plan was determined using a building-block method in which expected future real rates of return (expected returns, net of pension plan investment expense and inflation) are developed for each major asset class. These real rates of return are combined to produce the long-term expected rate of return by weighting the expected future real rates of return by the target asset allocation percentage and by adding expected inflation. For each major asset class that is included in the pension plan’s target asset allocation as of September 30, 2020, these best estimates are summarized in the following table: Long-Term Expected Asset Class Real Rate of Return U.S. Large Cap Equities 4.95% U.S. Mid Cap Equities 5.20% U.S. Small Cap Equities 5.20% International Equities 4.45% Emerging Markets Equities 5.45% U.S. Short Term T-bills -0.70% U.S. Long Term Treasury Bonds -0.40% U.S. Core Fixed Income -0.30% U.S. Investment Grade Corporate Bonds 0.00% U.S. Municipal Bonds -0.40% Global Bonds -0.80% U.S. Private Real Estate and Infrastructure 3.20% Discount rate. A single discount rate of 6.55% was used to measure the total pension liability. The single discount rate was based on the expected rate of return on pension plan investments of 6.55%. The projection of cash flows used to determine single discount rate assumed that plan member contributions will be made at the current contribution rate and that employer contributions will be made at rates equal to the difference between actuarially determined contribution rates and the member rate. Based on these assumptions, the pension plan’s fiduciary net position was projected to be available to make all projected future benefit payments of current plan members. Therefore, the long-term expected rate of return on pension plan investments was applied to all periods of projected benefit payments to determine the total pension liability. Sensitivity of the net pension liability (asset) to changes in the discount rate. The following presents the Employee Pension Plan’s net pension liability (asset), calculated using a single discount rate of 6.55%, as well as what the plan’s net pension liability (asset) would be if it were calculated using a single discount rate that is one percent lower or one percent higher. 1% Discount Rate 1% Decrease Assumption Increase 5.55% 6.55% 7.55% (137,174,838)$ (269,978,551)$ (379,979,525)$ City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2021 90 Pension expense and deferred outflows of resources and deferred inflows of resources related to pensions. For the year ended September 30, 2021, the City recognized negative pension expense of $36,910,028 for the Employees’ Pension Plan. At September 30, 2021, the City reported deferred outflows of resources and deferred inflows of resources related to pension from the following sources: Net Deferred Deferred Outflows Deferred Inflows Outflows (Inflows) of Resources of Resources of Resources Differences between expected and actual experience 4,382,344$ 2,272,540$ 2,109,804$ Changes in assumptions 15,897,764 13,075,326 2,822,438 Net differences between projected and actual earnings on pension plan investments - 145,102,882 (145,102,882) Total 20,280,108$ 160,450,748$ (140,170,640)$ Amounts reported as deferred outflows or resources and deferred inflows on resources related to pensions will be recognized in pension expense as follows: Year ended September 30: 2022 (34,798,349)$ 2023 (32,213,810) 2024 (38,281,804) 2025 (34,876,677) 2026 - Thereafter - (140,170,640)$ The Firefighters’ Relief and Pension Plan is authorized and operated under the provisions of Subpart B, Article I (Laws of Florida, Chapter 30658, 1955 and amendments), Sections 1 through 27 of the Municipal Charter and Related Law of the City of Clearwater and Chapter 26, Article III, Sections 26.50 through 26.52 of the Municipal Code of the City of Clearwater. Since the last actuarial valuation as of October 1, 2020, a change has been made to the annual cost of living increase assumption. This report reflects a change to assume 2% annual cost of living increases in monthly pension benefits, up to the maximum amount, only for pensioners who have not yet reached the maximum amount. There is currently only one beneficiary whose benefit is still below the maximum. This assumption change caused the liability for the pension fund to decrease by $215,006 and the required employer contribution to remain at $0. Management of the Firefighters’ Relief and Pension Plan rests with the Board of Trustees, which consists of the Mayor, the Fire Chief and three members of the Fire Department, which can be either active or retired members of the Firefighters’ Relief and Pension Plan, as stipulated in Chapter 2008-287, Laws of Florida. In the event that no member of the plan is available to stand for election, then a current firefighter of the department below the rank of chief who is willing to serve shall be placed on the ballot. If no one is available to stand for election, or if no one is available to participate in the voting, then members of the Board of Trustees will be appointed by the City Council from membership of the City Council. Plan membership/Employees covered by benefit terms. As of the most recent actuarial valuation date, October 1, 2021, the membership of the Firefighters’ Relief and Pension Plan was as follows: City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2021 91 Firefighters' Relief and Pension Plan Retirees and beneficiaries currently receiving benefits 12 Terminated employees entitled to benefits but not yet receiving them - Active employees - Total number of participants 12 Benefits provided. The normal retirement benefit is a monthly benefit in the amount of 50% of the prevailing wage at the date of retirement of the lowest rank held by the participant during the three years immediately preceding retirement plus 2% of such prevailing wage for each year of service in excess of 20 years up to a maximum of 60%. Participants retiring at the age of 65 years are entitled to a benefit of 60% of the prevailing wage of the lowest rank held by the participant during the three years immediately preceding retirement. The ending rate of pay specified above may not exceed the highest rate of pay for the rank of Captain. Eligibility for normal retirement occurs upon completion of 20 years of service or attainment of age 65. The monthly benefits are payable for the life of the participant and continue, after the participant's death, to be paid to certain eligible surviving beneficiaries at an amount that is one-half of the amount received by the participant. Benefits are also provided for children of the deceased participant who are less than 18 years of age subject to certain limitations as to amount. The plan also provides for disability and death benefits and for vesting upon completion of at least 12 years of service. The plan provides for post-retirement cost of living increases equal to the increase in the prevailing wage for the rank at which the participant retired with a limitation for those retiring on or after January 1, 1972, of 100% of the initial pension benefit for total cost of living increases. Participating employees are required to contribute 6% of their salaries up to the equivalent of the salary of a fireman holding the rank of Captain. Effective with the fiscal year ended September 30, 2007, the Firefighters’ Relief and Pension Plan, with no remaining active members (only retirees), is fully funded per the requirements of the governing Ordinance. The City may elect to contribute should future valuations show an actuarial need for such. Contributions. Effective with the fiscal year ended September 30, 2007, the Firefighters’ Relief and Pension Plan, with no remaining active members (only retirees), was fully funded per the requirements of the governing Ordinance. The City may elect to contribute should future annual valuations show an actuarial need for such. Investment policy. The Firefighters’ Relief and Pension Plan investment policy was adopted on September 28, 2000. It must be reviewed annually by the Board of Trustees. The following was the adopted asset allocation policy as of September 30, 2021: Asset Class Target Allocation Domestic Fixed Income 0 - 70% Pooled Cash 30% - 100% Concentrations. As of September 30, 2021, the Firefighters’ Relief and Pension Plan held no investments (other than U.S. Government or U.S. Government guaranteed obligations) in any one organization comprising 5% or more of the net position available for benefits. Rate of return. For the fiscal year ended September 30, 2021, the annual money-weighted rate of return on investments of the Firefighters’ Relief and Pension Plan, net of pension plan investment expense, was 2.48%. The money-weighted rate of return expresses investment performance, net of investment expense, adjusted for the changing amounts actually invested. Net pension liability (asset). The components of the net pension liability (asset) of the City for the Firefighters’ Relief and Pension Plan at September 30, 2021, were as follows: City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2021 92 Total pension liability 1,743,078$ Plan fiduciary net position 3,247,484 City's net pension liability (asset) (1,504,406)$ Plan fiduciary net position as a percentage of 186.31% the total pension liability The changes in the net pension liability (asset) of the City for the Firefighters’ Relief and Pension Plan for the year ending September 30, 2021 were as follows: Total Pension Plan Fiduciary Net Pension Liability Net Position Liability/(Asset) (a) (b) (a) - (b) Balances at 9/30/2020 2,169,234$ 3,481,098$ (1,311,864)$ Changes for the year: Service cost - - - Interest 51,167 - 51,167 Differences between expected and actual experience (17,191) - (17,191) Assumption changes (215,006) - (215,006) Contributions - employer - - - Contributions - employee - - - Net investment income - 14,512 (14,512) Benefit payments, including refunds of employee contributions (245,126) (245,126) - Administrative expense - (3,000) 3,000 Net changes (426,156) (233,614) (192,542) Balances at 9/30/2021 1,743,078$ 3,247,484$ (1,504,406)$ Increase (Decrease) Actuarial assumptions. The total pension liability was determined by an actuarial valuation as of October 1, 2021 (Valuation Date), using the following actuarial assumptions, applied to September 30, 2021 (Measurement Date): Inflation 2.00% Salary increases N/A Investment rate of return 2.50% net of investment expense Mortality tables are based on the PUB-2010 Headcount Weighted Mortality Tables described below, with mortality improvements projected for healthy lives to all future years after 2010 using scale MP-2018. No mortality improvement is projected for disabled lives. Healthy Mortality for male retirees is based on the Headcount Weighted Safety Below Median City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2021 93 Healthy Retiree Male Table, set forward one year, and for female beneficiaries is based on the Headcount Weighted General Below Median Healthy Retiree Female Table. Disabled Mortality for male retirees is based on 80% Headcount Weighted General Disabled Retiree Male Table; 20% Headcount Weighted Safety Disabled Retiree Male Table. There is no projection of mortality improvement due to the small number of participants and their advanced age. Long-term expected rate of return. Because the Firefighters’ Relief and Pension Plan is limited to investments in fixed income securities and pooled cash, the long-term expected rate of return will approximate the discount rate of 2.50%. Discount rate. A discount rate of 2.50% was used to measure the total pension liability. The discount rate was based on the actuary’s expectation of future yields and consideration of the City’s projection of future weighted yield based on current asset holdings. Sensitivity of the net pension liability (asset) to changes in the discount rate. The following presents the Firefighters’ Relief and Pension Plan’s net pension liability (asset), calculated using a discount rate of 2.50%, as well as what the plan’s net pension liability (asset) would be if it were calculated using a single discount rate that is one percent lower or one percent higher. 1% Discount Rate 1% Decrease Assumption Increase 1.50% 2.50% 3.50% (1,401,062)$ (1,504,406)$ (1,597,295)$ Pension expense and deferred outflows of resources and deferred inflows of resources related to pensions. For the year ended September 30, 2021, the City recognized negative pension expense of $192,542 for the Firefighters’ Relief and Pension Plan. There were no contributions to the plan, as it is a fully funded plan with no active participants. IV.B.2. Police Supplemental Pension Fund A supplemental defined contribution pension plan exists for all eligible policemen, which is funded by earmarked revenues received from the State and is administered by the Board of the Police Supplemental Pension Plan. The revenues received from the State are allocated among eligible police officers based on the number of days employed as Clearwater Police Officers. These revenues received from the State of Florida “on-behalf” of the City’s employees, which comprise the plan contributions, totaled $1,181,031 for the year ended September 30, 2021, and are obtained from an eighty-five one hundredths of one percent (0.85%) excise tax on the gross receipts from premiums collected on casualty insurance policies covering property within the City's corporate limits. These monies were recognized as General Fund revenues and General Fund police department expenditures in the current year. The current year contributions represent 5.74% of covered employees’ gross payroll. The fair value of cash and investments at September 30, 2021, totaled $20,085,019. The Police Supplemental Pension Fund is authorized by and operates under the provisions of Sections 2.471 through 2.480 of the Municipal Code of the City of Clearwater and Chapter 185 of Florida Statutes. Under the plan provisions, the total monies received during each fiscal year, after payment or provision for all costs and expenses of management and operation of the plan, are allocated to participants based on the total number of shares to which each participant is entitled. Each participant is entitled to one share in the fund for each day of service as a police officer of the City. All police officers, as defined in Section 26.70(g) of the Code of Ordinances of the City of Clearwater, who are elected, appointed, or employed full-time by the City are eligible to participate in the plan. There are no employee contributions to the supplemental plan. Benefits are fully vested for a lump sum distribution after twenty years from the date of hire, with provision for partial vesting after ten or more years under the plan. Accumulated benefits are payable in full in case of death while employed by the City or in case of total and permanent job-related disability. Non-vested participants' account values upon termination of employment during any fiscal year are added to the monies received during that fiscal year for allocation to the remaining participants in the plan based on total days worked. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2021 94 Plan assets, primarily investments, are valued at fair value for balance sheet purposes. Investment values are determined using the estimated fair value determined by averaging estimated fair values obtained from three or more nationally recognized brokers. For the fiscal year ended September 30, 2021, the gross payroll of the covered officers was $20,575,948; the City's total gross payroll for the same period was $106,714,110. Since the entitlement to benefits is based entirely upon the allocation of monies received by the plan to the participants' share accounts, there is no actuarial liability on the part of either the State or the City. IV.B. 3. Firefighters’ Supplemental Pension Fund A supplemental defined contribution pension plan exists for all eligible firefighters, which is funded by earmarked revenues received from the State and is administered by the Board of the Clearwater Firefighters’ Supplemental Pension Plan. The revenues received from the State are allocated among eligible firefighters based on the number of days worked during the previous year. These revenues received from the State of Florida “on-behalf” of the City’s employees, which comprise the plan contributions, amounted to $1,085,462 in the year ended September 30, 2021, and are obtained from a one and eighty- five one hundredths percent (1.85%) excise tax on the gross receipts from premiums collected on property insurance policies covering property within the City's corporate limits. These monies were recognized as General Fund revenues and General Fund fire department expenditures in the current year. The current year contributions represent 6.38% of covered employees’ gross payroll. The fair value of cash and investments at September 30, 2021, totaled $22,940,074. As the plan is described as a money purchase pension plan, whereby contributions are allocated based on the number of days worked during the fiscal year ended September 30, and interest earnings allocated based on the beginning balances in each participant's account, there is no actuarial liability on the part of the State or the City. The Firefighters’ Supplemental Pension Fund is authorized by and operates under the provisions of Sections 2.441 through 2.455 of the Municipal Code of the City of Clearwater and Chapter 175 of Florida Statutes. Eligibility requires two years of credited calendar year service as a firefighter with concurrent participation in the Employees' Pension Plan. There is no employee contribution to the supplemental plan, and benefits are vested for a lump sum distribution at ten years unless there is early retirement, disability or death. Non-vested participants' account values upon termination of employment are reallocated among the remaining participants based on days worked during the previous year. Plan assets, primarily investments, are valued at fair value for balance sheet purposes. Investment values are determined using the estimated fair value determined by averaging estimated fair values obtained from three or more nationally recognized brokers. For the fiscal year ended September 30, 2021, the gross payroll of covered firefighters was $17,009,634; the City's total gross payroll for the same period was $105,201,845. IV.B.4. Pension Plan Financial Statements Separate financial statements are provided in the Notes per the guidance of GASB Statement No. 34 as follows: City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2021 95 Statement of Fiduciary Net Position: Defined Benefit Defined Contribution Pension Trust Funds Pension Trust Funds Firefighters' Police Firefighters' Total Employees' Relief and Supplemental Supplemental Pension Pension Fund Pension Fund Pension Fund Pension Fund Trust Funds ASSETS Cash and cash equivalents $ - $ 215,237 $ 5,730 $ - $ 220,967 Receivables:- Interest and dividends 3,452,817 42,047 17,224 42,592 3,554,680 Unsettled investment sales 21,731,113 - - - 21,731,113 Securities lending earnings 28,682 - - - 28,682 Due from others - - - - - Total receivables 25,212,612 42,047 17,224 42,592 25,314,475 Managed investment accounts, at fair value: Cash and cash equivalents 34,328,635 - 1,145,180 767,536 36,241,351 Government bonds 120,498,509 1,872,141 - 491,404 122,862,054 Index linked government bonds 498,509 - - - 498,509 Agency bonds 4,318,147 1,118,059 - - 5,436,206 Municipal bonds 3,090,330 - - 302,009 3,392,339 Domestic corporate bonds 119,144,966 - - 2,534,969 121,679,935 International equity securities 157,814,283 - - 387,048 158,201,331 Domestic stocks 350,967,747 - - 3,293,096 354,260,843 Mortgage backed bonds 101,265,405 - - 1,434,922 102,700,327 Government issued commercial mortgage backed bonds 92,862 - - - 92,862 Asset backed securities 9,181,102 - - - 9,181,102 Other/rights/warrants 32,977 - - - 32,977 Domestic equity mutual funds 239,057,393 - 10,193,672 9,596,322 258,847,387 International equity mutual funds 48,535,693 - 8,746,167 1,206,936 58,488,796 Infrastructure 50,574,173 - - - 50,574,173 Real estate 104,428,016 - - 2,925,832 107,353,848 Total managed investment accounts 1,343,828,747 2,990,200 20,085,019 22,940,074 1,389,844,040 Securities lending collateral 166,594,183 - - - - Total assets 1,535,635,542 3,247,484 20,107,973 22,982,666 1,415,379,482 LIABILITIES Accounts payable 935,535 - - - 935,535 Due to other funds (deficit in pooled cash) 198,186 - - - 198,186 Unsettled investment purchases 41,563,837 - - - 41,563,837 Other payables 529,416 - - - 529,416 Obligations under securities lending 166,594,183 - - - 166,594,183 Total liabilities 209,821,157 - - - 209,821,157 NET POSITION Restricted for: Pensions 1,325,814,385 3,247,484 20,107,973 22,982,666 1,372,152,508 Total net position $ 1,325,814,385 $ 3,247,484 $ 20,107,973 $ 22,982,666 $ 1,372,152,508 City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2021 96 Statement of Changes in Fiduciary Net Position: Defined Benefit Defined Contribution Pension Trust Funds Pension Trust Funds Firefighters' Police Firefighters' Total Employees' Relief and Supplemental Supplemental Pension Trust Pension Fund Pension Fund Pension Fund Pension Fund Funds ADDITIONS Contributions: Employer $ 11,917,353 $ - $ - $ - $ 11,917,353 Employer - state tax 12,000 - 1,181,031 1,085,462 2,278,493 Employees 8,013,951 - - - 8,013,951 Total contributions 19,943,304 - 1,181,031 1,085,462 22,209,797 Investment earnings (loss): Net increase (decrease) in fair value of investments 220,076,098 (69,206) 2,610,104 3,276,864 225,893,860 Interest, dividends and other 18,226,670 83,718 167,361 700,851 19,178,600 Securities lending income 604,668 - - - 604,668 Total investment earnings (loss) 238,907,436 14,512 2,777,465 3,977,715 245,677,128 Less investment costs: Investment management/custodian fees (7,548,484) - (34,953) (104,723) (7,688,160) Securities lending costs (211,518) - - - (211,518) Net investment earnings (loss) 231,147,434 14,512 2,742,512 3,872,992 237,777,450 Miscellaneous - - - 103 103 Total additions 251,090,738 14,512 3,923,543 4,958,557 259,987,350 DEDUCTIONS Benefits 56,274,207 245,126 3,407,744 2,078,810 62,005,887 Refunds and transfers to other systems 1,222,375 - - - 1,222,375 Administrative expenses 340,629 3,000 18,330 38,769 400,728 Total deductions 57,837,211 248,126 3,426,074 2,117,579 63,628,990 Net increase (decrease) in fiduciary net position 193,253,527 (233,614) 497,469 2,840,978 196,358,360 Fiduciary net position - beginning 1,132,560,858 3,481,098 19,610,504 20,141,688 1,175,794,148 Fiduciary net position - ending $ 1,325,814,385 $ 3,247,484 $ 20,107,973 $22,982,666 $ 1,372,152,508 City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2021 97 IV.B.5. 401(a) defined contribution plan For all management employees not covered under either of the defined benefit pension plans, the City provides pension benefits through a 401(a) defined contribution plan. In a defined contribution plan, benefits depend solely on amounts contributed to the plan plus investment earnings. Employees are participants from the date of employment and are fully vested upon enrollment. The plan is totally contributory on the part of the City in an amount equal to 15% of compensation on behalf of the City Manager and the City Attorney and 8% of compensation on behalf of all other management contract employees and Assistant City Attorneys. The City makes bi-weekly contributions to the Trust throughout the plan year to meet its funding obligations under the plan. Plan provisions and contribution requirements are established and may be amended by the City Council. MissionSquare Retirement (formerly ICMA Retirement Corporation), the trustee for the defined annuity, offers participants a variety of investment options. The City’s total gross payroll for the fiscal year ended September 30, 2021 was $106,714,110. The Plan members’ payroll for the same period totaled $5,088,207. The City’s contribution, per the above contribution rates, totaled $440,397. IV.B.6. Deferred compensation plan The City offers its employees a deferred compensation plan created in accordance with Internal Revenue Code Section 457. The plan, available to all City employees, permits them to defer a portion of their salary until future years. Participation in the plan is optional. The deferred compensation is not available to employees until termination, retirement, death, or unforeseeable emergency. Effective January 1, 1997, Federal legislation converted the Section 457 deferred compensation assets from City assets to employee assets. As a result of these changes, plan assets are no longer subject to the claims of the City’s general creditors. Consequently, these assets are no longer reported in the accompanying financial statements, in compliance with GASB Statement No. 32. IV.C. Post-employment Benefits Other Than Pension (OPEB) Plan Description. The City of Clearwater administers a single-employer defined benefit healthcare plan (the “Plan”) that provides medical insurance benefits to its employees and their eligible dependents. Because the City provides a medical plan to active employees of the City and their eligible dependents, the City is also required by Section 112.0801, Florida Statutes, to provide retirees with the opportunity to participate in this Plan. While the City does not directly contribute towards the costs of retiree premiums via an explicit subsidy, the ability of retirees to obtain health insurance coverage at a group rate which includes active employees, constitutes a significant economic benefit to retirees, or an “implicit” subsidy. This implicit subsidy is considered an “other post-employment benefit” (OPEB) obligation of the City. Since the City is currently funding this OPEB obligation on a pay-as-you-go basis, there are no plan assets accumulated in a trust that meets the criteria in paragraph 4 of GASB Statement No. 75. The OPEB expense recognized each fiscal year is equal to the change in the total OPEB liability from the beginning of the year to the end of the year, not including the impact of employer contributions, adjusted for deferred recognition of the liability. Benefits provided. Benefit provisions for the Plan are established by the City Council and may be amended by the City Council. The retirees pay the full group premium amount for health insurance with no explicit subsidy from the City. Additionally, the City provides and pays for $1,000 of term life insurance for retirees who retired before October 1, 2008. The term life insurance benefit provision was also established, and may be amended, by action of the City Council. Contribution rates for the Plan are established on an annual basis by the City Council. Eligible retirees and their covered dependents receiving benefits contribute 100% of their premium costs for health insurance and 0% of the cost for the $1,000 term life insurance. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2021 98 Employees covered by benefit terms. As of September 30, 2021 (measurement date), the following employees were covered by the benefit terms: Inactive plan members or beneficiaries currently receiving benefits 610 Inactive plan members entitled to but not yet receiving benefits80 Active plan members 1,536 Total plan members 2,226 Total OPEB Liability. The City’s total OPEB liability of $27,520,408 was measured as of September 30, 2021 and was determined by an actuarial valuation as of January 1, 2020. The Total OPEB Liability was rolled forward 21 months from the Valuation Date to the Measurement Date using standard actuarial techniques. Actuarial assumptions and other inputs. The total OPEB liability in the January 1, 2020 actuarial valuation was determined using the following actuarial assumptions and other inputs, applied to all periods included in the measurement, unless otherwise specified: Actuarial cost method Entry age normal Inflation 2.25% Discount rate 2.19% Healthcare cost trend rates Based on the Getzen Model, with trend starting at 6.25% and gradually decreasing to an ultimate trend rate of 3.99% The discount rate is based on Fidelity Investments’ “20-Year Municipal GO AA Index” as of the most recent date available on or before the measurement date. Mortality rates are the same as used in the July 1, 2020 actuarial valuation of the Florida Retirement System for non-K-12 Instructional Regular Class and Special Risk Class members. These rates were taken from adjusted Pub-2010 mortality tables published by the Society of Actuaries with generational mortality improvements using Scale MP-2018. Adjustments to referenced tables are based on the results of a statewide experience study covering the period 2013 through 2018. The changes in the total OPEB liability for the measurement year ending September 30, 2021 were as follows: City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2021 99 Total OPEB Liability Balance at 9/30/2020 25,787,424$ Changes for the year: Service cost 2,213,247 Interest 662,501 Changes in benefit terms - Differences between expected and actual experience - Changes in assumptions and other inputs (120,728) Benefit payments (1,022,036) Net changes 1,732,984 Balance at 9/30/2021 27,520,408$ Changes in assumptions and other inputs reflect a change in the discount rate from 2.41% at the beginning of the measurement period to 2.19% at the end of the measurement period. Sensitivity of the total OPEB liability to changes in the discount rate. The following presents the City’s total OPEB liability calculated using a discount rate of 2.19%, as well as what the City’s total OPEB liability would be if it were calculated using a discount rate that is one percent lower or one percent higher. 1% Discount Rate 1% Decrease Assumption Increase 1.19% 2.19% 3.19% 30,306,524$ 27,520,408$ 24,989,488$ Sensitivity of the total OPEB liability to changes in the healthcare cost trend rates. The following presents the City’s total OPEB liability calculated using the current healthcare cost trend rate assumption based on the Getzen Model of 6.25% and gradually decreasing to an ultimate trend rate of 3.99%, as well as what the City’s total OPEB liability would be if it were calculated using a trend rate that is one percent lower or one percent higher. Current Healthcare 1% Cost Trend Rate 1% Decrease Assumption Increase 23,816,056$ 27,520,408$ 32,100,678$ OPEB expense and deferred outflows of resources and deferred inflows of resources related to OPEB. For the year ended September 30, 2021, the City recognized OPEB expense of $1,878,929. At September 30, 2021, the City reported deferred outflows of resources and deferred inflows of resources related to OPEB from the following sources: City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2021 100 Deferred Outflows Deferred Inflows Net Deferred Inflows of Resources of Resources of Resources Differences between expected and actual experience -$ 3,194,599$ (3,194,599)$ Changes in assumptions and other inputs 2,067,798 3,694,240 (1,626,442) Total 2,067,798$ 6,888,839$ (4,821,041)$ Amounts reported as deferred outflows of resources and deferred inflows of resources related to OPEB will be recognized in OPEB expense as follows: Year ended September 30: 2022 (996,819)$ 2023 (996,819) 2024 (864,004) 2025 (1,347,745) 2026 (601,450) Thereafter (14,204) (4,821,041)$ IV.F. Securities lending transactions The City of Clearwater Employees’ Pension Plan participates in securities lending transactions, as authorized by the Pension Trustees on April 14, 2003, via a Securities Lending Authorization Agreement with Northern Trust Company, which is also the pension plan’s custodian. Securities are loaned versus collateral that may include cash, U.S government securities, and irrevocable letters of credit. U.S. securities are loaned versus collateral at 102% of the market value of the securities plus any accrued interest. Non-U.S. securities are loaned versus collateral at 105% of the market value plus any accrued interest. The Plan’s investment policy places no restrictions on the amount of securities that can be loaned. Non-cash collateral cannot be pledged or sold unless the borrower defaults. All securities loans can be terminated on demand by either the lender or the borrower. The average term for the pension plan’s loans at September 30, 2021 was 103 days. Cash open collateral is invested in a short term investment pool, the Northern Trust Collective SL Core Short Term Investment Fund (CORECOLL). The fund had an average weighted maturity, lower of maturity date or interest reset date, of 30 days, and an average weighted maturity, maturity date, of 80 days, as of September 30, 2021. There were no significant violations of legal or contractual provisions, nor any borrower or lending agent default losses known to the securities lending agent. The Plan did not impose any restrictions on the amount of loans made by Northern Trust during fiscal year 2021. There are no dividends or coupon payments owing on the securities lent. Securities lending earnings are credited to participating clients on approximately the fifteenth day of the following month. Indemnification deals with the situation in which a client's securities are not returned due to the insolvency of a borrower and Northern Trust has failed to live up to its contractual responsibilities relating to the lending of those securities. Northern Trust’s responsibilities include performing appropriate borrower and collateral investment credit analyses, demanding City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2021 101 adequate types and levels of collateral, and complying with applicable Department of Labor and Federal Financial Institutions Examination Council regulations concerning securities lending. The following is a summary of securities on loan and their collateral at fair value: Security Type Loaned Securities Cash Collateral Loaned Securities Cash Collateral U.S. Equity 70,763,751$ 72,880,581$ -$ -$ U.S. Corporate Fixed 15,009,359 15,436,411 - - U.S. Government Fixed 76,628,088 78,276,352 - - Global Equities 784 839 - - Total 162,401,982$ 166,594,183$ -$ -$ Securities Collateralized by Non- CashSecurities Collateralized by Cash On the statement of fiduciary net position, a securities lending asset of $166,594,183 was reported that represents the fair value of the investments made with cash collateral at September 30, 2021. In addition, a securities lending obligation of $166,594,183 was reported that represents the collateral that the City is required to maintain to cover the fair value of the loaned securities. IV.E. Contingencies and commitments Loan Guarantee – Chi Chi Rodriquez Youth Foundation, Inc. On March 30, 1992, the City Council approved a contingent loan guarantee of $1,000,000 on a $2,500,000 note for the Chi Chi Rodriquez Youth Foundation, Inc. The proceeds of the note were used to refinance existing foundation debt incurred to construct a golf course on a parcel of City-owned land. Subsequently, the note was refinanced with Variable Rate Demand Revenue Bonds (Chi Chi Rodriquez Youth Foundation Project), Series 1998, on August 1, 1998. In the event of default, the City is obligated to contribute $1,000,000 out of legally available non-ad valorem revenues. In addition, the City has the option to retire the entire unpaid balance and assume ownership and operation of the golf course facility. City management does not consider it probable that this guarantee will be called, and, accordingly, no amounts have yet been accrued or otherwise recorded in the accompanying financial statements to reflect this possibility. Pollution Remediation Claims Liabilities Pursuant to GASB Statement No. 49, Accounting and Financial Reporting for Pollution Remediation Obligations, the City is required to analyze known polluted sites to determine future component cost outlays, including estimation where required, for pollution remediation. At September 30, 2020, accruals totaled $476,257, consisting of $206,079 for the Harbor Drive Fill Area site, $43,475 for the Joe DiMaggio Sports Complex site, and $226,703 for assessment and remediation at the Gas Plant site (see the Soil and groundwater contamination site note below). During fiscal year 2021 there was an increase to estimates and contractual commitments in the amount of $65,615, and payments totaled $84,584. At September 30, 2021, accruals totaled $457,288, consisting of $173,022 for the Harbor Drive Fill Area site, $22,398 for the Joe DiMaggio Sports Complex site, and $261,868 for assessment and remediation at the Gas Plant site. In addition to the above sites for which accruals exist, the City has 13 other sites that have known contamination from petroleum products, metals, arsenic, chlorine or coal tar. Seven of these sites are on the State of Florida Petroleum Clean- up Program. When any of these seven sites will be scheduled for cleanup cannot be determined at this time. They are City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2021 102 under monitoring plans or are awaiting responses from the FDEP on data submitted by the City. Any additional cleanup costs for these sites cannot be estimated at this time. On November 19, 2013, the FDEP approved the certification of closure construction completion of the former fill area at Philip Jones Field. However, this site remains on the list as it includes the Harbor Drive Fill Area. Site assessment of Harbor Drive has been completed and a closure plan has been approved by FDEP. Closure activities are expected to begin 2022. Post closure activities will include monitoring and maintenance. Soil and groundwater contamination site The City is the owner of property located at 400 North Myrtle Avenue, Clearwater, Pinellas County, Florida ("Property"). The Property occupies approximately six acres and is currently used by the City Gas Division (“CGS”) as its administrative offices and operating facility. The City operated a manufactured gas plant at the Property from approximately 1929 to 1960. Following the discovery in June 1990 of soil and groundwater impacts at the Property allegedly resulting from the prior operation of the manufactured gas plant, the Florida Department of Environmental Protection ("FDEP") directed the City to implement measures to delineate the area and vertical extent of the impacts at the Property and, if necessary, implement appropriate remedial actions. Contamination assessment activities were initiated at the Property in 1995. On April 17, 1996, the City executed an Intergovernmental Agreement with FDEP, governing the scope of assessment and remediation work performed at the Property. The material terms and conditions of the Intergovernmental Agreement require the City to perform contamination assessment activities to delineate the area and vertical extent of soil and groundwater impacts and, if necessary, to remediate such impacts to the extent required by Florida law. Field activities to delineate the extent of impacts were performed from 1995 to 2003. The results of the final field work are presented in a Supplemental Assessment Report dated May 2003, in which the City's consultant concluded that field activities to delineate the extent of soil and groundwater impacts were complete and that a risk assessment should be undertaken to evaluate an appropriate remedy for the reported impacts. By letter dated April 19, 2004, FDEP directed the City to install two additional monitoring wells within the source area on site to delineate the vertical extent of groundwater impacts. The City and FDEP previously discussed the potential harm to the underlying aquifer that may result from the installation of monitoring wells through a source area and the underlying clay confining unit during a meeting with FDEP held on November 29, 2003. Based on the advice of its environmental consultant and other specialists consulted concerning this issue, the City has consistently maintained that the installation of the additional monitoring wells requested by FDEP will likely provide a pathway for the migration of impacts into the aquifer underlying the clay confining unit that is otherwise not presently impacted by the former operations of the MGP based on existing perimeter monitoring well data. The City responded to the FDEP by letter dated April 29, 2004, requesting that FDEP advise the City whether the directive to install the additional vertical extent wells was deemed by FDEP to be final agency action that would otherwise be subject to review in an administrative proceeding. The City's April 29, 2004 response included a request for an extension of time to file an administrative proceeding in the event that FDEP deemed the April 19, 2004 FDEP communication to be final agency action. During fiscal 2005, the Myrtle Avenue Utility and Roadway Widening project began, requiring extensive dewatering during construction. Consulting, equipment, laboratory, permitting, and labor costs for dewatering in areas where there was suspected or known contamination from the former MGP plant were charged to the City of Clearwater Gas Division. All activities related to the Myrtle Avenue dewatering project were documented in the “Supplemental Site Assessment Report – North Myrtle Ave Roadway Corridor” dated March 2007. On January 17, 2008, FDEP issued a letter to the City stating FDEP was willing to replace the need for additional vertical delineation wells with periodic sampling of existing deep wells, as long as they remain unaffected by the contaminants of concern on the site. In May 2009, FDEP issued a status report on all Manufactured Gas Plant sites in Florida. The report City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2021 103 referenced the January 17, 2008 letter and reaffirmed FDEP’s agreement to forego additional on-site vertical delineation if the City continued to monitor the perimeter wells on the facility. On June 22, 2009, the perimeter monitoring wells were tested, and the results were reported to FDEP. On February 3, 2010, FDEP issued a letter that formally accepted Clearwater Gas System’s Contamination Assessment Report (CAR) and required no further site assessment activities. Furthermore, the DEP required CGS to re-sample all monitoring wells on the site within 60 days of the February 3, 2010 letter. In May 2010, CGS issued a Request for Proposal (RFP) to prepare a Feasibility Study, for DEP approval, that would offer a long-term corrective action plan for the gas plant site. Arcadis, Inc. was selected to conduct the Feasibility Study; however, two months into the project the City’s environmental legal counsel recommended an alternate method of site remediation. They proposed that the City work with the University of Waterloo (Canada) to treat the contaminated soils with sodium persulfate, a chemical oxidant, which would stop the off-site groundwater impacts that were experienced on the Pinellas County Health Department site. Chemical oxidation is accepted as a very effective method of dealing with Manufactured Gas Plant residuals. This project was approved by the City Council in January 2011, and was scheduled to last approximately 6 years at an estimated cost of $600,000. In May 2017 it was determined that the University of Waterloo project was not working as originally projected. The sodium persulfate was not oxidizing the source material enough to grant site closure. Therefore, it was determined to abandon the project and look at other remedies for the site. The City’s environmental legal counsel proposed to convert the site to a Brownfield site in order to obtain full site closure. This would be done in conjunction with the site redevelopment of all CGS buildings at 400 North Myrtle Avenue. On December 7, 2018, City Council approved a Brownfield Site Rehabilitation Agreement (BSRA) with the FDEP. Under this agreement, no further active remediation will be required, and the site will be closed with a restrictive covenant to include an impervious cap to address remaining soil contamination at the site and prohibit the withdrawal of groundwater for any purpose within the site property. The groundwater use restriction will also be required to be imposed on the adjacent Pinellas County Health Department property. A Site Environmental Management Plan (“SEMP”) was subsequently created to provide guidance to contractors performing work at the site for encountering, handling and managing contaminated soils. In addition, a Remedial Action Plan (“RAP”) was administered in March 2018, which includes the SEMP, and Engineering Control Maintenance Plan and a Declaration of Restrictive Covenant (“DRC”) that will be required by the FDEP to obtain final site closure. Once the CGS redevelopment project is complete, the City will request final site closure. Benefits of closing the site under the Brownfield Program include liability projections to the City as set forth in F.S. Section 376.82(2)(a) and the opportunity for the City to obtain voluntary cleanup tax credits (“VCTC”) for the cost of constructing the impervious cap and completion of site closure activities. For eligible costs recovered by the City through VCTC’s, the City is able to then sell the VCTC’s on the market. Such sales typically net 80-90% recovery for municipalities taking similar actions. As of September 30, 2021, the City has been awarded $744,076 in tax credits for calendar years 2017-2020. The City issued Bid #44-21 to sell the tax credit certificates issued by FDEP. Fallbrook Tax Credits LLC submitted the highest bid of $0.9112 on the dollar, which will yield $678,002 from the sale of the tax certificates. The City has pursued insurance claims under certain insurance policies covering the Property for the period from June 1961 through July 1986. On September 17, 2001, the City agreed to reduce its claim against Southern American Insurance Company ("SAIC"), the sole remaining excess carrier with the City, at an undiscounted value of $300,000. In December 2007, the liquidator managing the SAIC liquidation made an initial payment to the City in the amount of $96,000. In September 2008, a second distribution payment of $174,000 was issued to the City. Finally, in December 2009, the City received a payment of $30,000 for a total collection amount of $300,000. In total, the City has recovered $787,500 on all outstanding insurance claims. From 1993 through September 30, 2021, the City has spent $1,705,260 on MGP assessment activities, which includes both environmental consultant and legal fees. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2021 104 Contractual Commitment – Water and Sewer Utility Under the terms of a 30-year contract between the City and Pinellas County, which is effective through September 30, 2035, the maximum amount of water available to the City is 15 million gallons per day on an annual average basis with no minimum quantity purchase requirement. Effective October 1, 2020, the rate, which is set by the Pinellas County Board of County Commissioners (BOCC), was $4.2159 per 1,000 gallons. The rate effective October 1, 2021 is $4.2581 per 1,000 gallons. The cost of water purchased from the County during fiscal years 2020 and 2021 was $6,438,666 and $7,285,633 respectively. Grant Revenues During the current fiscal year and prior fiscal years, the City received revenues and contributions related to grants from the State of Florida, the federal government, and other grantors. These grants are for specific purposes and are subject to review and audit by the grantor agencies. Such audits could result in requests for reimbursement for expenditures disallowed under the terms of the grants. Based upon prior experience, City management believes such disallowances, if any, will not be significant. Encumbrances Encumbrance accounting is used in governmental funds to ensure effective budgetary control and accountability and to facilitate effective cash planning and control. At September 30, 2021, encumbrances expected to be honored upon performance by the vendor in the coming year were: General fund 629,770$ Capital Improvement fund 84,523,204 Nonmajor governmental funds 1,265,610 86,418,584$ Tax Abatements In accordance with Chapter 29, Article VII of the Clearwater Code of Ordinances, Article VII, Section 3 of the Constitution of the State of Florida, and Section 196-1995, Florida Statutes, the City Council may grant Economic Development Ad Valorem Tax Exemptions of up to 75 percent of the assessed value of the qualifying property for up to ten years to new businesses and expansions of existing businesses which create employment opportunities that will benefit the entire community. For the fiscal year ending September 30, 2021, the City abated real and tangible personal property taxes totaling $143,346 under this program, consisting of the following agreements: A Business Maintenance and Continued Performance Agreement with Skye Lane Properties, LLC dated January 14, 2014, for the relocation of 54 jobs from St. Petersburg, the creation of 11 new jobs, the investment of $6.1 million in the expansion of the property, including the renovation of the facility, construction of a tri-level parking deck, and the purchase of new furniture, fixtures and equipment. This agreement, which commenced in fiscal 2016, grants an exemption of ad valorem taxes of 75 percent for the first five years and 50 percent for the next five years. In the event of default, Skye Lane Properties, LLC will be subject to the taxes exempted plus annual interest at the maximum rate allowed by law. Tax abatements since inception total $70,811. A Business Maintenance and Continued Performance Agreement with Instrument Transformers, Inc. dated March 10, 2014 and amended February 11, 2016, for the creation of 143 new jobs and the investment of $49 million in the expansion of the Clearwater facility, including the purchase or lease of new equipment. This agreement, which commenced in fiscal 2017, grants an exemption of ad valorem taxes of 75 percent for ten years. In the event of default, Instrument Transformers, Inc. will be subject to the taxes exempted plus annual interest at the maximum rate allowed by law. Tax abatements since inception total $582,656. City of Clearwater, Florida Notes to the Basic Financial Statements For the Year Ended September 30, 2021 105 IV.F. Pending litigation In the normal course of operations, the City is a defendant in various legal actions, the ultimate resolution of which is not expected to have a material effect on the financial statements, other than for amounts that have been reserved and recorded as liabilities in the Central Insurance Fund. IV.G. Conduit debt The City has one issue of conduit debt outstanding as follows: Original Amount Amount Issue Outstanding Outstanding Description / Purpose Amount at 9/30/20 at 9/30/21 Drew Gardens Refunding Bonds / residential rental facility 3,425,000$ 1,205,000$ 1,030,000$ The City issued Mortgage Revenue Refunding Bonds, Series 1992A (FHA Insured Mortgage Loan – Drew Gardens Project), dated August 1, 1992, in the amount of $3,425,000, to provide a portion of the money required to refund a prior issue of the bonds of the Issuer that were issued to provide money to make a mortgage loan insured by the Federal Housing Administration pursuant to Section 221(d)(4) of the National Housing Act of 1934, as amended, to pay the cost of acquiring, constructing, improving and equipping a 180-unit multifamily residential rental housing facility owned by Drew Gardens Associates, Ltd., a Florida limited partnership, and to pay certain costs of the refunding. The bonds are payable solely from and secured by a lien upon and a pledge of the pledged revenues, consisting mainly of the bond proceeds. No additional commitments were extended by the City. At September 30, 2021, the bonds have an aggregate outstanding principal amount payable of $1,030,000. The bonds do not constitute a debt, liability, or obligation of the City of Clearwater, the State of Florida, or any political subdivision thereof and, accordingly, have not been reported in the accompanying financial statements. IV.H. Deepwater Horizon Oil Spill Following the Deepwater Horizon Oil Spill of April 2010, the City incurred reduced revenues that were determined to be directly or indirectly attributed to the oil spill. On July 13, 2015, the City adopted Resolution 15-18 and accepted a full and final settlement of all claims against BP Exploration and Production, Inc. and others in the amount of $6,480,352, net of $1,658,687 attorney’s fees. A total of $80,352 was returned to General Fund reserves in fiscal 2019, and the remaining $6,400,000 of the proceeds have been identified as a funding source for the Crest Lake Park Improvements project, which is accounted for in the Capital Improvement Fund. As of September 30, 2021, $6,256,566 of the proceeds were expended on this project. IV.I. Restatement of Prior Year Fiduciary Net Position During the fiscal year ended September 30, 2021, the City implemented GASB Statement No. 84, Fiduciary Activities. The objective of this Statement is to improve guidance regarding the identification of fiduciary activities for accounting and financial reporting purposes and how those activities should be reported. The Treasurer’s Escrow Fund, previously reported in an agency fund, is now presented as a custodial fund. This resulted in a restatement of fiduciary net position for the custodial fund as of October 1, 2020. IV.J. Subsequent Event On November 1, 2021, the city exercised a total early redemption option on the 2013 Stormwater Revenue Refunding Bond, a direct placement bank loan issued by STI Institutional & Governmental, Inc. The payout amount consisted of the principal balance of $7,885,000 and accrued interest in the amount of $117,487. 2021 2020 2019 2018 2017 2016 2015 2014Total Pension LiabilityService Cost $ 18,412,162 $ 16,934,015 $ 15,240,018 $ 15,065,668 14,770,113 $ 15,173,452 $ 14,585,979 $ 14,670,375 Interest on the Total Pension Liability 68,636,343 66,061,748 65,042,520 62,567,359 61,050,474 58,870,815 56,983,247 55,622,257 Benefit Changes - 6,428,217 - - - - - - Difference between Expected and Actual Experience 166,476 5,473,272 (6,533,554) 6,780,611 (8,071,653) 6,832,090 (3,532,969) (11,230,163) Assumption Changes (16,344,158) 11,877,993 25,495,302 - 381,755 (4,748,597) - - Benefit Payments (56,274,207) (50,966,931) (49,687,426) (46,860,103) (44,490,793) (42,069,828) (39,276,003) (37,118,458) Refunds (1,222,375) (1,177,456) (1,017,365) (892,181) (1,366,008) (1,060,187) (1,000,827) (1,675,419) Net Change in Total Pension Liability13,374,241 54,630,858 48,539,495 36,661,354 22,273,888 32,997,745 27,759,427 20,268,592 Total Pension Liability - Beginning1,042,461,593 987,830,735 939,291,240 902,629,886 880,355,998 847,358,253 819,598,826 799,330,234 Total Pension Liability - Ending (a)$ 1,055,835,834 $ 1,042,461,593 $ 987,830,735 $ 939,291,240 902,629,886 $ 880,355,998$ 847,358,253 $ 819,598,826Plan Fiduciary Net PositionContributions - Employer $ 11,917,353 10,364,100 $ 10,901,645 $ 10,650,462 11,898,912 $ 13,178,874 $ 14,923,098 $ 18,860,463 Contributions - Employer (from State) 12,000 12,000 12,000 12,000 12,000 12,000 12,000 12,000 Contributions - Employee 8,013,951 7,925,645 7,326,649 7,127,965 7,004,943 6,706,567 6,483,666 7,073,440 Net Investment Income 231,147,434 102,588,458 53,143,676 93,775,837 102,284,783 88,501,532 (4,165,092) 82,832,149 Benefit Payments (56,274,207) (50,966,931) (49,687,426) (46,860,103) (44,490,793) (42,069,828) (39,276,003) (37,118,458) Refunds (1,222,375) (1,177,456) (1,017,365) (892,181) (1,366,008) (1,060,187) (1,000,827) (1,675,419) Administrative Expense (340,629) (288,079) (335,282) (343,115) (295,301) (297,984) (297,942) (175,212) Net Change in Plan Fiduciary Net Position193,253,527 68,457,737 20,343,897 63,470,865 75,048,536 64,970,974 (23,321,100) 69,808,963 Plan Fiduciary Net Position - Beginning1,132,560,858 1,064,103,121 1,043,759,224 980,288,359 905,239,823 840,268,849 863,589,949 793,780,986 Plan Fiduciary Net Position - Ending (b)$ 1,325,814,385 1,132,560,858 $ 1,064,103,121 $ 1,043,759,224 980,288,359 $ 905,239,823$ 840,268,849 $ 863,589,949Net Pension Liability/(Asset) - Beginning$ (90,099,265) (76,272,386) $ (104,467,984) $ (77,658,473) (24,883,825) $ 7,089,404 $ (43,991,123) $ 5,549,248 Net Pension Liability/(Asset) - Ending (a) - (b)$ (269,978,551) (90,099,265) $ (76,272,386) $ (104,467,984) (77,658,473) $ (24,883,825) $ 7,089,404 $ (43,991,123) Plan Fiduciary Net Position as a Percentage of Total Pension Liability/(Asset)125.57% 108.64% 107.72% 111.12%108.60% 102.83% 99.16% 105.37%Covered Payroll90,810,283 89,845,375 $ 82,998,580 $ 80,852,451 79,558,524 $ 76,942,048 $ 74,021,494 $ 75,629,669 Net Pension Liability/(Asset) as a Percentage of Covered Payroll-297.30% -100.28% -91.90% -129.21%-97.61% -32.34% 9.58% -58.17%Notes to Schedule:Data unavailable prior to 2014.Schedule of Changes in Net Pension Liability and Related RatiosPage 1 of 6City of Clearwater, FloridaDefined Benefit Pension PlansRequired Supplementary InformationEmployees' Pension Plan106 2021 2020 2019 2018 2017 2016 2015 2014Total Pension LiabilityInterest $ 51,167 $ 52,304 $ 72,699 $ 84,902 90,635 $ 99,691 $ 100,650 $ 92,956 Difference between Expected and Actual Experience (17,191) 80,335 (141,190) (205,912) 76,981 (296,507) 114,258 (426,528) Assumption Changes (215,006) (55,554) - - - 208,676 201,922 - Benefit Payments (245,126) (262,649) (285,762) (332,638) (365,154) (423,458) (442,775) (525,760) Other - - - - - - - 143,654 Net Change in Total Pension Liability(426,156) (185,564) (354,253) (453,648) (197,538) (411,598) (25,945) (715,678) Total Pension Liability - Beginning2,169,234 2,354,798 2,709,051 3,162,699 3,360,237 3,771,835 3,797,780 4,513,458 Total Pension Liability - Ending (a)$ 1,743,078 $ 2,169,234 $ 2,354,798 $ 2,709,051 3,162,699 $ 3,360,237 $ 3,771,835 $ 3,797,780 Plan Fiduciary Net PositionNet Investment Income $ 14,512 $147,975 $319,636 $ 59,255 $ (149,322) $ 171,674 $ 199,776 $ 169,627 Benefit Payments (245,126) (262,649) (285,762) (332,638) (365,154) (423,458) (442,775) (525,760) Administrative Expense (3,000) (2,500) (2,500) (2,500) (3,500) (2,758) (2,005) (5,808) Net Change in Plan Fiduciary Net Position(233,614) (117,174) 31,374 (275,883) (517,976) (254,542) (245,004) (361,941) Plan Fiduciary Net Position - Beginning3,481,098 3,598,272 3,566,898 3,842,781 4,360,757 4,615,299 4,860,303 5,222,244 Plan Fiduciary Net Position - Ending (b)$ 3,247,484 $ 3,481,098 $ 3,598,272 $ 3,566,898 3,842,781 $ 4,360,757 $ 4,615,299 $ 4,860,303 Net Pension Liability/(Asset) - Beginning$ (1,311,864) $ (1,243,474) $ (857,847) $ (680,082) (1,000,520) $ (843,464) $ (1,062,523) $ (495,433) Net Pension Liability/(Asset) - Ending (a) - (b)$ (1,504,406) $ (1,311,864) $ (1,243,474) $ (857,847) (680,082) $ (1,000,520) $ (843,464) $ (1,062,523) Plan Fiduciary Net Position as a Percentage of Total Pension Liability/(Asset)186.31% 160.48% 152.81% 131.67% 121.50% 129.78% 122.36% 127.98%Covered PayrollN/A N/A N/A N/A N/A N/A N/A N/ANet Pension Liability/(Asset) as a Percentage of Covered PayrollN/A N/A N/A N/A N/A N/A N/A N/ANotes to Schedule:Data unavailable prior to 2014.Schedule of Changes in Net Pension Liability and Related RatiosPage 2 of 6City of Clearwater, FloridaDefined Benefit Pension PlansRequired Supplementary InformationFirefighters' Relief and Pension Plan107 Actuarially Contribution Actual Contribution FY Ending Determined Actual Deficiency Covered as a % of September 30 Contribution Contribution (Excess) Payroll Covered Payroll 2014 19,608,078$ 18,872,463$ 1 735,615$ 75,629,669$ 24.95% 2015 10,803,098$ 14,935,098$ (4,132,000)$ 74,021,494$ 2 20.18% 2016 8,767,703$ 13,190,874$ (4,423,171)$ 76,942,048$ 17.14% 2017 8,944,103$ 11,910,912$ (2,966,809)$ 79,558,524$ 14.97% 2018 8,659,427$ 10,662,462$ (2,003,035)$ 80,852,451$ 13.19% 2019 8,813,297$ 10,913,645$ (2,100,348)$ 82,998,580$ 13.15% 2020 9,720,956$ 10,376,100$ (655,144)$ 89,845,375$ 11.55% 2021 11,534,013$ 11,929,353$ (395,340)$ 90,810,283$ 13.14% Valuation Date:January 1, 2020 Notes: Methods and Assumptions Used to Determine Contribution Rates: Actuarial Cost Method Entry Age Normal Amortization Method Level Dollar, Closed Remaining Amortization Period 25 years (longest remaining period); 9 years (single equivalent period) Asset Valuation Method 5-year smoothed market; 20% corridor Inflation 2.25% Salary Increases 2.75% to 7.60% depending on service; including inflation Investment Rate of Return 6.65% Retirement Age Mortality Other Information: Notes Data unavailable prior to 2014. Hazardous Duty Employees: RP-2000 Mortality Table for Annuitants, with mortality improvements projected to all future years after 2000 using Scale BB. For males, the base mortality rates include a 90% blue collar adjustment and a 10% white collar adjustment. For females, the base mortality rates include a 100% white collar adjustment. These are the same rates used for Special Risk Class members of the Florida Retirement System (FRS) in the July 1, 2018 valuation, as mandated by Chapter 112.63, Florida Statutes. Effective with the January 1, 2020 valuation, the investment return assumption was reduced from 6.75% to 6.65%. Beginning in the January 1, 2020 valuation report, the Actuarially Determined Contribution is determined separately for the three groups of employees covered by the Plan: Non- Hazardous Duty, Hazardous Duty Police Officers, and Hazardous Duty Firefighters. Additionally, the Plan was amended for Police Officers under Ordinance No. 9380-20, passed and adopted on March 5, 2020, and for Firefighters in compliance with Florida Statutes Chapter 112.1816 and Chapter 112.181. Please refer to the January 1, 2020 valuation report dated April 29, 2020 for additional details. Schedule of Contributions Employees' Pension Plan 1 A portion of the plan's credit balance was applied to meet the remainder of the actuarially determined contribution for the fiscal year ending September 30, 2014. Notes to Schedule of Contributions Actuarially determined contributions are calculated as of January 1, which is nine months prior to the beginning of the fiscal year in which contributions are reported. Nonhazardous Duty Employees: RP-2000 Mortality Table for Annuitants, with mortality improvements projected to all future years after 2000 using Scale BB. For males, the base mortality rates include a 50% blue collar adjustment and a 50% white collar adjustment. For females, the base mortality rates include a 100% white collar adjustment. These are the same rates used for Regular Class members of the Florida Retirement System (FRS) in the July 1, 2018 valuation, as mandated by Chapter 112.63, Florida Statutes. Page 3 of 6 City of Clearwater, Florida Defined Benefit Pension Plans Required Supplementary Information Experience-based table of rates that are specific to the employment classification and type of eligibility condition. 2 The definition of Covered Payroll for GASB Statement Nos. 67 and 68 was changed under GASB Statement No. 82 to be the pensionable earnings for members of the Plan. As a result, the Covered Payroll amount previously reported for fiscal year 2015 has been revised to reflect this change. 108 Page 4 of 6 Effective with the fiscal year ended September 30, 2007, the Firefighters' Relief and Pension Plan, with no remaining active members (only retirees), was fully funded per the requirements of the governing Ordinance. The City may elect to contribute should future valuations show an actuarial need for such. Schedule of Contributions Firefighters' Relief and Pension Plan Notes to Schedule of Contributions City of Clearwater, Florida Defined Benefit Pension Plans Required Supplementary Information There have been no employer contributions for the last ten fiscal years. 109 2021 2020 2019 2018 2017 2016 2015 2014Annual money-weighted rate of return, net ofinvestment expense 20.61% 9.73% 5.11% 9.69% 11.28% 10.63% -0.03% 10.90%Note: Data unavailable prior to 2014.Page 5 of 6Schedule of Investment ReturnsEmployees' Pension PlanCity of Clearwater, FloridaDefined Benefit Pension PlansRequired Supplementary Information 110 2021 2020 2019 2018 2017 2016 2015 2014Annual money-weighted rate of return, net ofinvestment expense 2.48% 5.06% 6.52% 1.82% 4.68% 4.554% 4.315% 3.902%Note: Data unavailable prior to 2014.Page 6 of 6Schedule of Investment ReturnsFirefighters' Relief and Pension PlanCity of Clearwater, FloridaDefined Benefit Pension PlansRequired Supplementary Information 111 2021 2020 2019 2018 Total OPEB Liability Service cost $ 2,213,247 $ 2,282,038 $ 1,677,787 $ 1,731,394 Interest 662,501 953,389 1,086,906 974,551 Changes of benefit terms - 28,595 - - Difference between expected and actual experience - (4,646,689) - - Changes of assumptions and other inputs (120,728) (4,692,393) 4,006,356 (1,029,325) Benefit payments (1,022,036) (1,048,358) (1,122,335) (1,054,805) Net Change in Total OPEB Liability 1,732,984 (7,123,418) 5,648,714 621,815 Total OPEB Liability - Beginning 25,787,424 32,910,842 27,262,128 26,640,313 Total OPEB Liability - Ending $ 27,520,408 $ 25,787,424 $ 32,910,842 $ 27,262,128 Estimated covered-employee payroll $101,205,829 $ 99,272,204 $ 95,520,530 $ 92,964,945 Total OPEB liability as a percentage of covered-employee payroll 27.19% 25.98% 34.45% 29.33% Valuation Date: January 1, 2020 Measurement Date: September 30, 2021 Roll Forward Procedures: Methods and Assumptions Used to Determine Total OPEB Liability: Actuarial Cost Method Entry Age Normal Inflation 2.25% Discount Rate 2.19% Salary Increases Retirement Age Mortality Healthcare Cost Trend Rates Aging Factors Expenses Other Information: Data unavailable prior to 2018. Note: There are no assets accumulated in a trust that meets the criteria of GASB codification P22.101 or P52.101 to pay related benefits for the OPEB plan. There we no benefit changes during the year. Based on the Getzen Model, with trend starting at 6.25% and gradually decreasing to an ultimate trend rate of 3.99%. Based on the 2013 SOA Study "Health Care Costs - From Birth to Death". Administrative expenses are included in the per capita health The following assumption changes have been reflected in the Schedule of Changes in the Total OPEB Liability for the measurement period ending September 30, 2021: - The discount rate was changed from 2.41% as of the beginning of the measurement period to 2.19% as of September 30, 2021. - The mortality assumption was updated to the assumptions used in the Florida Retirement System's July 1, 2020 actuarial valuation. Salary increase rates used in the January 1, 2020 actuarial valuation of the City of Clearwater Employees' Pension Plan. Retirement rates used in the January 1, 2020 actuarial valuation of the City of Clearwater Employees' Pension Plan. Mortality rates are the same as used in the July 1, 2020 actuarial valuation of the Florida Retirement System for non-K-12 Instructional Regular Class and Special Risk Class members. These rates were taken from adjusted Pub-2010 mortality tables published by the Society of Actuaries with generational mortality improvements using Scale MP-2018. Adjustments to referenced tables are based on the results of a statewide experience study covering the period 2013 to 2018. Page 1 of 1 City of Clearwater, Florida Other Post-Employment Benefits Required Supplementary Information Notes to Schedule: The Total OPEB Liability was rolled forward 21 months from the Valuation Date to the Measurement Date using standard actuarial techniques. 112 113 Nonmajor Governmental Funds Special Revenue Funds Special revenue funds are used to account for specific revenues that are legally restricted to expenditures for particular purposes. Community Redevelopment Agency Fund – to account for receipt, custody, and expenditure of property tax increment funds associated with related redevelopment projects. Local Housing Assistance SHIP Trust Fund – to account for monies allocated to the City under the State Local Housing Assistance SHIP grant program. Pinellas County Local Housing Assistance Trust Fund – to account for monies allocated to the City under the Pinellas County Local Housing Assistance grant program. 114 Debt Service Funds Debt service funds provide separate accounting records for all debt interest, principal, and reserve requirements for general government long-term. Debt of proprietary funds is serviced through restricted accounts maintained within the individual enterprise or internal service fund associated with the debt. Notes and Mortgages Debt Service Fund - to account for the advance monthly accumulation of resources by transfer of General Revenues from the General and Special Revenue Funds and the payment of currently maturing installments of principal and interest on the various note and mortgage obligations of the governmental funds during each fiscal year. Spring Training Facility Revenue Bonds Debt Service Fund – to account for the advance monthly accumulation of resources received from the State of Florida and Pinellas County, and the payment of currently maturing installments of principal and interest each year. 115 Capital Projects Funds Capital projects funds are used to account for resources to be used for the acquisition or construction of major capital improvement projects, other than those financed by proprietary funds. A major capital improvement project is a property acquisition, a major construction undertaking, or a major improvement to an existing facility or property, with a cost greater than $25,000 and a minimum useful life of at least five years. Community Redevelopment Agency Capital Projects Fund – to provide separate accounting records for the acquisition or construction of capital improvement projects for the Clearwater Community Redevelopment Agency. SHIP Pinellas County Community Local Housing Local Housing Redevelopment Assistance Assistance Agency Trust Trust Total ASSETS Cash and investments $ 382,203 $ 920,330 $ 233,988 $ 1,536,521 Receivables: Accrued interest 10,424 431 190 11,045 Mortgage notes - 1,919,656 140,756 2,060,412 Total assets $ 392,627 $ 2,840,417 $ 374,934 $ 3,607,978 LIABILITIES Accounts and contracts payable $ 6,287 $ 850 $ - $ 7,137 Due to other governments 48,000 - - 48,000 Advances from other funds 325,440 - - 325,440 Total liabilities 379,727 850 - 380,577 DEFERRED INFLOWS OF RESOURCES Deferred inflows - mortgage notes - 1,919,656 140,756 2,060,412 Total deferred inflows - 1,919,656 140,756 2,060,412 FUND BALANCES Restricted 12,900 919,911 234,178 1,166,989 Total fund balances 12,900 919,911 234,178 1,166,989 Total liabilities, deferred inflows and fund balances $ 392,627 $ 2,840,417 $ 374,934 $ 3,607,978 The notes to the financial statements are an integral part of this statement. Special Revenue Funds City of Clearwater, Florida Combining Balance Sheet Nonmajor Governmental Funds September 30, 2021 116 Capital Spring Project Training Fund Total Notes Facility Community Nonmajor and Revenue Redevelopment Governmental Mortgages Bonds Total Agency Funds $- $ 452,904 $ 452,904 $ 9,693,766 $ 11,683,191 - 652 652 - 11,697 - - - - 2,060,412 $- $ 453,556 $ 453,556 $ 9,693,766 $ 13,755,300 $- $ - $ - $ 16,289 $ 23,426 - - - - 48,000 - - - - 325,440 - - - 16,289 396,866 - - - - 2,060,412 - - - - 2,060,412 - 453,556 453,556 9,677,477 11,298,022 - 453,556 453,556 9,677,477 11,298,022 $- $ 453,556 $ 453,556 $ 9,693,766 $ 13,755,300 Debt Service Funds 117 SHIP Pinellas County Community Local Housing Local Housing Redevelopment Assistance Assistance Agency Trust Trust Total REVENUES Intergovernmental: Federal $ - $538,784 $ - $ 538,784 State - 893,723 - 893,723 Local 2,417,456 - 56,651 2,474,107 Investment earnings (loss): Interest 60,781 13,187 4,099 78,067 Net appreciation (depreciation) in fair value (89,315) (6,094) (2,022) (97,431) Total investment earnings (loss) (28,534) 7,093 2,077 (19,364) Miscellaneous 76,085 575 - 76,660 Total revenues 2,465,007 1,440,175 58,728 3,963,910 EXPENDITURES Current: Economic environment 521,434 689,925 8,840 1,220,199 Debt service: Principal - - - - Interest & fiscal charges - - - - Total expenditures 521,434 689,925 8,840 1,220,199 Excess (deficiency) of revenues over (under) expenditures 1,943,573 750,250 49,888 2,743,711 OTHER FINANCING SOURCES (USES) Transfers in 2,306,897 - - 2,306,897 Transfers out (4,894,213) (136,494) - (5,030,707) Proceeds from the sale of capital assets 525,000 - - 525,000 Total other financing sources (uses) (2,062,316) (136,494) - (2,198,810) Net change in fund balances (118,743) 613,756 49,888 544,901 Fund balances - beginning 131,643 306,155 184,290 622,088 Fund balances - ending $ 12,900 $919,911 $234,178 $ 1,166,989 The notes to the financial statements are an integral part of this statement. Special Revenue Funds City of Clearwater, Florida Combining Statement of Revenues, Expenditures, and Changes in Fund Balances Nonmajor Governmental Funds For the Year Ended September 30, 2021 118 Spring Training Fund Total Notes Facility Community Nonmajor and Revenue Redevelopment Governmental Mortgages Bonds Total Agency Funds $- $ - $ - $ - $538,784 - 500,004 500,004 - 1,393,727 - 244,854 244,854 - 2,718,961 - 3,751 3,751 - 81,818 - (5,396) (5,396) - (102,827) - (1,645) (1,645) - (21,009) - - - - 76,660 - 743,213 743,213 - 4,707,123 - - - 339,843 1,560,042 771,948 845,000 1,616,948 - 1,616,948 39,126 220,422 259,548 - 259,548 811,074 1,065,422 1,876,496 339,843 3,436,538 (811,074) (322,209) (1,133,283) (339,843) 1,270,585 618,786 - 618,786 4,405,416 7,331,099 - - - (2,210,268) (7,240,975) - - - - 525,000 618,786 - 618,786 2,195,148 615,124 (192,288) (322,209) (514,497) 1,855,305 1,885,709 192,288 775,765 968,053 7,822,172 9,412,313 $- $453,556 $453,556 $ 9,677,477 $ 11,298,022 Capital Debt Service Funds Project 119 120 This Page Intentionally Left Blank Variance with Final Budget Actual Positive Original Final Amounts (Negative) REVENUES Intergovernmental - Local $ 2,419,712 $ 2,417,456 $ 2,417,456 $ - Investment earnings (loss): Interest 60,000 60,000 60,781 781 Net appreciation (depreciation) in fair value - - (89,315) (89,315) Total investment earnings (loss) 60,000 60,000 (28,534) (88,534) Miscellaneous 76,085 76,085 76,085 - Total revenues 2,555,797 2,553,541 2,465,007 (88,534) EXPENDITURES Current - Economic environment 579,098 574,249 521,434 52,815 Total expenditures 579,098 574,249 521,434 52,815 Excess (deficiency) of revenues over (under) expenditures 1,976,699 1,979,292 1,943,573 (35,719) OTHER FINANCING SOURCES (USES) Transfers in 2,309,490 2,306,897 2,306,897 - Transfers out (4,286,189) (4,286,189) (4,894,213) (608,024) Proceeds from the sale of capital assets - - 525,000 525,000 Total other financing sources (uses) (1,976,699) (1,979,292) (2,062,316) (83,024) Excess (deficiency) of revenues and other sources over (under) expenditures and other uses - - (118,743) (118,743) Fund balances - beginning 131,643 131,643 131,643 - Fund balances - ending $ 131,643 $131,643 $ 12,900 $ (118,743) The notes to the financial statements are an integral part of this statement. For the Year Ended September 30, 2021 Budgeted Amounts City of Clearwater, Florida Schedule of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual (GAAP Basis) Community Redevelopment Agency 121 122 This Page Intentionally Left Blank 123 Nonmajor Enterprise Funds Enterprise funds are used to account for the financing, acquisition, operation, and maintenance of governmental facilities that are supported primarily by user charges. Marine Operations Fund - to account for the financing, operation, and maintenance of the City’s marine operations (excluding the downtown boat slips) and associated real property from rents collected from users. Aviation Operations Fund - to account for the financing, operation, and maintenance of the City’s airpark operations from rents collected from users. Parking System Fund - to account for the financing, construction, operation and maintenance of the City's parking system, including on- and off-street parking on Clearwater Beach and Downtown Clearwater, from parking charges. Clearwater Harbor Marina Fund - to account for the financing, operation, and maintenance of the City’s downtown boat slips from boat slip rentals. Marine Aviation Parking Clearwater Operations Operations System Harbor Marina Total ASSETS Current assets: Cash and investments $ 5,754,435 $ 889,087 $ 24,708,320 $ 2,462,195 $ 33,814,037 Accrued interest receivable 5,111 963 22,539 2,547 31,160 Due from other governments - 178,008 - - 178,008 Inventories, at cost 47,124 - - - 47,124 Total current assets 5,806,670 1,068,058 24,730,859 2,464,742 34,070,329 Noncurrent assets: Net pension asset 593,953 107,991 1,484,882 296,976 2,483,802 Capital assets: Land and other nondepreciable assets 679,164 2,429,406 874,656 - 3,983,226 Capital assets, net of accumulated depreciation 313,289 2,990,831 12,315,128 9,468,852 25,088,100 Total noncurrent assets 1,586,406 5,528,228 14,674,666 9,765,828 31,555,128 Total assets 7,393,076 6,596,286 39,405,525 12,230,570 65,625,457 DEFERRED OUTFLOWS OF RESOURCES Deferred outflows - pension 44,616 8,112 111,541 22,308 186,577 Deferred outflows - other postemployment benefits 17,535 2,916 51,013 9,884 81,348 Total deferred outflows of resources 62,151 11,028 162,554 32,192 267,925 LIABILITIES Current liabilities: Accounts and contracts payable 126,379 325,454 94,635 20,239 566,707 Accrued payroll 45,168 7,873 96,370 19,467 168,878 Accrued interest payable - - 16 - 16 Deposits 44,085 - - 41,419 85,504 Current portion of long-term liabilities: Compensated absences 38,157 3,701 45,017 1,722 88,597 Capital lease purchases payable - - 3,204 - 3,204 Total current liabilities 253,789 337,028 239,242 82,847 912,906 Noncurrent liabilities: Compensated absences 34,484 3,345 40,685 1,557 80,071 Other postemployment benefits 233,373 38,804 678,928 131,548 1,082,653 Total noncurrent liabilities 267,857 42,149 719,613 133,105 1,162,724 Total liabilities 521,646 379,177 958,855 215,952 2,075,630 DEFERRED INFLOWS OF RESOURCES Deferred inflows - pension 352,992 64,180 882,479 176,496 1,476,147 Deferred inflows - other postemployment benefits 58,417 9,713 169,948 32,929 271,007 Total deferred inflows of resources 411,409 73,893 1,052,427 209,425 1,747,154 NET POSITION Net investment in capital assets 992,453 5,095,175 13,186,580 9,468,852 28,743,060 Restricted for: Pensions 593,953 107,991 1,484,882 296,976 2,483,802 Unrestricted 4,935,766 951,078 22,885,335 2,071,557 30,843,736 Total net position $ 6,522,172 $ 6,154,244 $ 37,556,797 $ 11,837,385 $ 62,070,598 The notes to the financial statements are an integral part of this statement. City of Clearwater, Florida Combining Statement of Net Position Nonmajor Enterprise Funds September 30, 2021 124 Marine Aviation Parking Clearwater Operations Operations System Harbor Marina Totals Operating revenues: Sales to customers $ 3,421,080 $ 16,812 $ 9,763,983 $ 1,504 $ 13,203,379 User charges to customers 151,554 - - 18,326 169,880 Rentals 2,233,434 293,472 - 872,283 3,399,189 Other 90,285 3,647 957,250 786 1,051,968 Total operating revenues 5,896,353 313,931 10,721,233 892,899 17,824,416 Operating expenses: Personal services 1,032,357 148,062 2,167,386 382,599 3,730,404 Purchases for resale 2,326,249 - - 576 2,326,825 Operating materials and supplies 59,821 8,220 44,218 56,258 168,517 Transportation 18,022 5,465 116,952 4,540 144,979 Utility service 406,565 39,352 82,090 69,084 597,091 Depreciation 36,063 166,720 530,123 333,602 1,066,508 Interfund administrative charges 198,790 23,120 1,063,560 36,670 1,322,140 Other current charges: Professional fees 96,250 96,881 599,863 179,823 972,817 Communications 21,607 - 30,961 539 53,107 Printing and binding 498 21 245 15 779 Insurance 48,630 7,340 36,830 9,920 102,720 Repairs and maintenance 43,409 9,993 232,450 7,495 293,347 Rentals 2,515 - 6,796 - 9,311 Miscellaneous 122,096 1,230 689,039 13,810 826,175 Data processing charges 54,120 4,310 115,010 12,670 186,110 Taxes 26,855 - - - 26,855 Total other current charges 415,980 119,775 1,711,194 224,272 2,471,221 Total operating expenses 4,493,847 510,714 5,715,523 1,107,601 11,827,685 Operating income (loss) 1,402,506 (196,783) 5,005,710 (214,702) 5,996,731 Nonoperating revenues (expenses): Investment earnings (loss): Interest 30,741 5,536 134,113 14,900 185,290 Net appreciation (depreciation) in fair value (45,264) (8,364) (207,202) (22,689) (283,519) Total investment earnings (loss) (14,523) (2,828) (73,089) (7,789) (98,229) Interest expense - - (96) - (96) Total nonoperating revenue (expenses) (14,523) (2,828) (73,185) (7,789) (98,325) Income (loss) before contributions and transfers 1,387,983 (199,611) 4,932,525 (222,491) 5,898,406 Capital grants and contributions - 757,953 - - 757,953 Transfers in 41,850 - 31,836 - 73,686 Transfers out (290,640) (46,157) (730,955) (46,770) (1,114,522) Change in net position 1,139,193 512,185 4,233,406 (269,261) 5,615,523 Net position - beginning 5,382,979 5,642,059 33,323,391 12,106,646 56,455,075 Net position - ending $ 6,522,172 $ 6,154,244 $ 37,556,797 $ 11,837,385 $ 62,070,598 The notes to the financial statements are an integral part of this statement. City of Clearwater, Florida Combining Statement of Revenues, Expenses, and Changes in Net Position Nonmajor Enterprise Funds For the Year Ended September 30, 2021 125 Marine Aviation Parking Clearwater Operations Operations System Harbor Marina Totals CASH FLOWS FROM OPERATING ACTIVITIES Cash received from customers $ 5,902,544 $313,931 $ 10,715,435 $894,240 $ 17,826,150 Cash payments to suppliers (3,003,580) 144,252 (1,645,640) (304,259) (4,809,227) Cash payments to employees (889,275) (147,628) (1,897,117) (392,637) (3,326,657) Cash payments to other funds (391,849) (42,433) (1,476,928) (74,791) (1,986,001) Net cash provided by (used) operating activities 1,617,840 268,122 5,695,750 122,553 7,704,265 CASH FLOWS FROM NONCAPITAL FINANCING ACTIVITIES Transfers from other funds 41,850 - 31,836 - 73,686 Transfers to other funds (290,640) (46,157) (730,955) (46,770) (1,114,522) Net cash provided (used) by noncapital financing activities CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES Principal payments on debt - - (3,156) - (3,156) Interest paid - - (80) - (80) Acquisition of capital assets (9,078) (957,190) - - (966,268) Capital contributed by other governmental entities - 601,456 - - 601,456 Net cash provided (used) by capital and related financing activities (9,078) (355,734) (3,236) - (368,048) CASH FLOWS FROM INVESTING ACTIVITIES Investment loss (15,803) (2,875) (78,099) (8,191) (104,968) Net cash provided (used) by investing activities (15,803) (2,875) (78,099) (8,191) (104,968) Net increase (decrease) in cash and cash equivalents 1,344,169 (136,644) 4,915,296 67,592 6,190,413 Cash and cash equivalents at beginning of year 4,410,266 1,025,731 19,793,024 2,394,603 27,623,624 Cash and cash equivalents at end of year $ 5,754,435 $889,087 $ 24,708,320 $ 2,462,195 $ 33,814,037 Cash and cash equivalents classified as: Cash and investments $ 5,754,435 $889,087 $ 24,708,320 $ 2,462,195 $ 33,814,037 Total cash and cash equivalents $ 5,754,435 $889,087 $ 24,708,320 $ 2,462,195 $ 33,814,037 The notes to the financial statements are an integral part of this statement. City of Clearwater, Florida Combining Statement of Cash Flows Nonmajor Enterprise Funds For the Year Ended September 30, 2021 (248,790) (46,157) (699,119) (46,770) (1,040,836) 126 Marine Aviation Parking Clearwater Operations Operations System Harbor Marina Totals City of Clearwater, Florida Combining Statement of Cash Flows Nonmajor Enterprise Funds For the Year Ended September 30, 2021 Reconciliation of operating income (loss) to net cash provided (used) by operating activities: Operating income (loss) $ 1,402,506 $ (196,783) $ 5,005,710 $ (214,702) $ 5,996,731 Adjustments to reconcile operating income (loss) to net cash provided (used) by operating activities: Depreciation 36,063 166,720 530,123 333,602 1,066,508 Change in assets, deferred outflows, liabilities and deferred inflows: (Increase) decrease in inventory (6,574) - - - (6,574) (Increase) decrease in net pension asset (71,377) (71,951) (430,721) (197,867) (771,916) (Increase) decrease in deferred outflows 143,969 3,622 264,292 11,211 423,094 Increase (decrease) in accounts and contracts payable 36,572 297,751 (104,554) 12,350 242,119 Increase (decrease) in accrued payroll 8,762 1,760 20,781 546 31,849 Increase (decrease) in deposits 6,191 - (5,798) 1,341 1,734 Increase (decrease) in other postemployment benefits (31,980) 16,369 38,626 40,261 63,276 Increase (decrease) in deferred inflows 93,708 50,634 377,291 135,811 657,444 Total adjustments 215,334 464,905 690,040 337,255 1,707,534 Net cash provided by operating activities $ 1,617,840 $268,122 $ 5,695,750 $122,553 $ 7,704,265 The notes to the financial statements are an integral part of this statement. 127 128 This Page Intentionally Left Blank 129 Internal Service Funds Internal service funds are used to account for services and commodities furnished by a designated department to other departments within the City or to other governments on a cost reimbursement basis. Garage Fund - to account for the cost of automotive and other motorized equipment of the City. The acquisition cost of new or upgraded equipment is financed through user departments and the asset value is simultaneously contributed to the Garage Fund. The cost of replacement of existing equipment is financed by the Garage Fund. Administrative Services Fund - to account for various support activities including information technology, printing, mailing, and telephone services. The cost for these services is charged to user departments based on the cost of providing units of service. General Services Fund - to account for various support activities including building maintenance and custodial services for all City departments and facilities. The cost for these services is charged to user departments based on the cost of providing units of service. Central Insurance Fund - to account for the City's limited self-insurance program wherein all funds are assessed charges based on damage claims incurred and on management's assessment of individual funds' risk exposure. All claims and premiums are paid out of this fund, together with other costs necessary to administer the program. Medical self-insurance costs and employee health clinic operating expenses are also paid from this fund. Administrative General Central Garage Services Services Insurance Total ASSETS Current assets: Cash and investments $ 15,699,024 $ 14,716,804 $ 14,900,070 $ 46,133,987 $ 91,449,885 Accrued interest receivable 12,963 14,196 15,456 50,603 93,218 Other receivables 29,840 - - 159,707 189,547 Due from other funds - - - 337,264 337,264 Inventories, at cost 387,910 - - - 387,910 Prepaid expenses and other assets - - - 2,751,689 2,751,689 Total current assets 16,129,737 14,731,000 14,915,526 49,433,250 95,209,513 Noncurrent assets: Advances to other funds - - - 2,196,699 2,196,699 Net pension asset 2,510,801 5,615,554 2,159,828 323,974 10,610,157 Capital assets: Land and other nondepreciable assets 729,591 - - - 729,591 Capital assets, net of accumulated depreciation 27,151,518 2,452,789 246,677 - 29,850,984 Total noncurrent assets 30,391,910 8,068,343 2,406,505 2,520,673 43,387,431 Total assets 46,521,647 22,799,343 17,322,031 51,953,923 138,596,944 DEFERRED OUTFLOWS OF RESOURCES Deferred outflows - pension 188,605 421,826 162,241 24,336 797,008 Deferred outflows - other postemployment benefits 41,583 87,426 38,544 7,858 175,411 Total deferred outflows of resources 230,188 509,252 200,785 32,194 972,419 LIABILITIES Current liabilities: Accounts and contracts payable 809,892 332,016 172,636 904,562 2,219,106 Accrued payroll 129,666 282,976 100,773 25,069 538,484 Accrued interest payable 54,329 1,290 172 - 55,791 Unearned revenue 63,806 - - - 63,806 Current portion of long-term liabilities: Compensated absences 68,135 379,494 75,168 2,165 524,962 Capital lease purchases payable 4,259,676 428,999 7,383 - 4,696,058 Due to other funds 1,680,163 88,373 6,870 - 1,775,406 Claims payable - - - 3,930,400 3,930,400 Total current liabilities (payable from current assets) 7,065,667 1,513,148 363,002 4,862,196 13,804,013 Noncurrent liabilities: Compensated absences 61,577 342,972 67,934 1,957 474,440 Other postemployment benefits 553,435 1,163,563 512,980 104,578 2,334,556 Capital lease purchases payable 6,156,463 335,949 9,438 - 6,501,850 Advances from other funds 5,519,038 37,586 28,176 - 5,584,800 Claims payable - - - 6,136,800 6,136,800 Total noncurrent liabilities 12,290,513 1,880,070 618,528 6,243,335 21,032,446 Total liabilities 19,356,180 3,393,218 981,530 11,105,531 34,836,459 DEFERRED INFLOWS OF RESOURCES Deferred inflows - pension 1,492,192 3,337,376 1,283,606 192,541 6,305,715 Deferred inflows - other postemployment benefits 138,535 291,260 128,408 26,178 584,381 Total deferred inflows of resources 1,630,727 3,628,636 1,412,014 218,719 6,890,096 NET POSITION Net investment in capital assets 17,277,867 1,687,841 222,406 - 19,188,114 Restricted for: Pensions 2,510,801 5,615,554 2,159,828 323,974 10,610,157 Unrestricted 5,976,260 8,983,346 12,747,038 40,337,893 68,044,537 Total net position $ 25,764,928 $ 16,286,741 $ 15,129,272 $ 40,661,867 $ 97,842,808 The notes to the financial statements are an integral part of this statement. City of Clearwater, Florida Combining Statement of Net Position Internal Service Funds September 30, 2021 130 Administrative General Central Garage Services Services Insurance Total Operating revenues: Billings to departments $ 14,962,587 $ 13,027,598 $ 6,097,959 $ 25,405,330 $ 59,493,474 Rentals 29,840 - - - 29,840 Other 9,473 - 17,943 957,293 984,709 Total operating revenues 15,001,900 13,027,598 6,115,902 26,362,623 60,508,023 Operating expenses: Personal services 2,698,102 5,828,542 2,321,467 512,309 11,360,420 Purchases for resale 4,003,341 - - - 4,003,341 Operating materials and supplies 126,089 294,395 410,650 291,921 1,123,055 Transportation 1,166 74,883 229,863 - 305,912 Utility service 118,841 - 311,605 776 431,222 Depreciation 10,356,041 565,807 39,668 - 10,961,516 Interfund administrative charges 260,160 4,000 - - 264,160 Other current charges: Professional fees 770,032 3,087,264 2,711,241 3,617,206 10,185,743 Communications 19,494 1,108,708 45,189 11,194 1,184,585 Printing and binding 33 25,107 30 1,660 26,830 Insurance: Premiums 12,700 5,800 10,640 4,160,940 4,190,080 Claims incurred - - - 22,000,189 22,000,189 Repairs and maintenance 766,757 367,311 160,512 17,596 1,312,176 Rentals 73,761 635,244 11,101 81,899 802,005 Miscellaneous 41,877 210,481 22,099 34,450 308,907 Data processing charges 173,890 241,280 147,620 19,990 582,780 Taxes 10,987 - - 6,831 17,818 Total other current charges 1,869,531 5,681,195 3,108,432 29,951,955 40,611,113 Total operating expenses 19,433,271 12,448,822 6,421,685 30,756,961 69,060,739 Operating income (loss) (4,431,371) 578,776 (305,783) (4,394,338) (8,552,716) Nonoperating revenues (expenses) Investment earnings (loss): Interest 79,119 84,819 92,662 359,979 616,579 Net appreciation (depreciation) in fair value (118,511) (125,473) (127,366) (457,203) (828,553) Total investment earnings (loss) (39,392) (40,654) (34,704) (97,224) (211,974) Interest expense (267,447) (14,375) (479) - (282,301) Gain (loss) on disposal of capital assets 614,086 - - - 614,086 Total nonoperating revenue (expenses) 307,247 (55,029) (35,183) (97,224) 119,811 Income (loss) before contributions and transfers (4,124,124) 523,747 (340,966) (4,491,562) (8,432,905) Capital grants and contributions 124,990 - - - 124,990 Transfers in 3,326,519 75,210 2,515,000 92,279 6,009,008 Transfers out - - (25,000) (157,592) (182,592) Change in net position (672,615) 598,957 2,149,034 (4,556,875) (2,481,499) Net position - beginning 26,437,543 15,687,784 12,980,238 45,218,742 100,324,307 Net position - ending $ 25,764,928 $ 16,286,741 $ 15,129,272 $ 40,661,867 $ 97,842,808 The notes to the financial statements are an integral part of this statement. City of Clearwater, Florida Combining Statement of Revenue, Expenses, and Changes in Net Position Internal Service Funds For the Year Ended September 30, 2021 131 Administrative General Central Garage Services Services Insurance Total CASH FLOWS FROM OPERATING ACTIVITIES Cash received from other funds $ 15,001,900 $ 13,027,598 $6,115,902 $ 26,243,687 $ 60,389,087 Cash payments to suppliers (5,214,991) (5,321,610) (3,638,572) (26,066,681) (40,241,854) Cash payments to employees (2,433,429) (5,132,409) (2,072,484) (458,278) (10,096,600) Cash payments to other funds (754,617) (626,504) (449,142) (3,807,504) (5,637,767) Net cash provided (used) by operating activities 6,598,863 1,947,075 (44,296) (4,088,776) 4,412,866 CASH FLOWS FROM NONCAPITAL FINANCING ACTIVITIES Transfers from other funds 3,326,519 75,210 2,515,000 92,279 6,009,008 Transfers to other funds - - (25,000) (157,592) (182,592) Receipt of cash on loans to/from other funds 5,140,518 56,170 35,045 329,520 5,561,253 Payment of cash on loans to/from other funds (658,974) (68,436) - - (727,410) Net cash provided (used) by noncapital financing activities 7,808,063 62,944 2,525,045 264,207 10,660,259 CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES Principal payments on debt (4,520,606) (456,313) (5,441) - (4,982,360) Interest paid (231,598) (13,997) (307) - (245,902) Acquisition of capital assets (9,147,996) (98,016) (29,237) - (9,275,249) Proceeds from sale of capital assets 697,120 - - - 697,120 Net cash provided (used) by capital and related financing activities (13,203,080) (568,326) (34,985) - (13,806,391) CASH FLOWS FROM INVESTING ACTIVITIES Investment loss (45,151) (44,244) (39,481) (103,052) (231,928) Net cash provided (used) by investing activities (45,151) (44,244) (39,481) (103,052) (231,928) Net increase (decrease) in cash and cash equivalents 1,158,695 1,397,449 2,406,283 (3,927,621) 1,034,806 Cash and cash equivalents at beginning of year 14,540,329 13,319,355 12,493,787 50,061,608 90,415,079 Cash and cash equivalents at end of year $ 15,699,024 $ 14,716,804 $14,900,070 $ 46,133,987 $ 91,449,885 Cash and cash equivalents classified as: Cash and investments $ 15,699,024 $ 14,716,804 $14,900,070 $ 46,133,987 $ 91,449,885 Total cash and cash equivalents $ 15,699,024 $ 14,716,804 $14,900,070 $ 46,133,987 $ 91,449,885 The notes to the financial statements are an integral part of this statement. City of Clearwater, Florida Combining Statement of Cash Flows Internal Service Funds For the Year Ended September 30, 2021 132 Administrative General Central Garage Services Services Insurance Total City of Clearwater, Florida Combining Statement of Cash Flows Internal Service Funds For the Year Ended September 30, 2021 Reconciliation of operating income (loss) to net cash provided (used) by operating activities: Operating income (loss) $ (4,431,371) $ 578,776 $(305,783) $ (4,394,338) $ (8,552,716) Adjustments to reconcile operating income (loss) to net cash provided (used) by operating activities: Depreciation 10,356,041 565,807 39,668 - 10,961,516 Change in assets, deferred outflows, liabilities and deferred inflows: (Increase) decrease in accounts receivable (18,232) - - (118,936) (137,168) (Increase) decrease in inventory (28,408) - - - (28,408) (Increase) decrease in prepaid expenses - - - (483,857) (483,857) (Increase) decrease in net pension asset (889,014) (1,867,425) (709,230) (98,726) (3,564,395) (Increase) decrease in deferred outflows 377,512 883,786 344,551 54,221 1,660,070 Increase (decrease) in accounts and contracts payable 519,965 106,359 (27,164) 854,324 1,453,484 Increase (decrease) in accrued payroll (1,520) (5,864) (30,859) (4,065) (42,308) Increase (decrease) in unearned revenue (63,805) - - - (63,805) Increase (decrease) in other postemployment benefits 33,818 71,208 31,271 13,291 149,588 Increase (decrease) in deferred inflows 743,877 1,614,428 613,250 89,310 3,060,865 Total adjustments 11,030,234 1,368,299 261,487 305,562 12,965,582 Net cash provided (used) by operating activities $ 6,598,863 $ 1,947,075 $(44,296) $ (4,088,776) $ 4,412,866 Non-cash investing, capital and financing activities: Contributions from developers $ 124,990 $ - $ - $ - $ 124,990 The notes to the financial statements are an integral part of this statement. 133 134 This Page Intentionally Left Blank 135 Fiduciary Funds Fiduciary Funds are used to account for resources that are managed in a trustee capacity or as an agent for other parties or funds. Employees’ Pension Fund - to account for the financial operation and condition of the major employee retirement system. Firefighters’ Relief and Pension Fund - to account for the financial operation and condition of the Firefighters' Relief and Pension Plan, closed to new members in 1962, and containing 12 retired members with no active members. The Plan was fully funded effective with fiscal year 2007. Police Supplemental Pension Fund - to account for the financial operation and condition of a supplemental pension plan funded by the State for sworn police officers. Firefighters’ Supplemental Pension Fund - to account for the financial operation and condition of a supplemental pension plan funded by the State for firefighters. Custodial Fund - to account for fiduciary activities that are not held in a trust or equivalent arrangement that meets specific criteria. Defined Benefit Defined Contribution Pension Trust Funds Pension Trust Funds Firefighters' Police Firefighters'Total Employees' Relief and Supplemental Supplemental Pension Custodial Pension Fund Pension Fund Pension Fund Pension Fund Trust Funds Fund ASSETS Cash and cash equivalents $ - $ 215,237 $ 5,730 $ - $ 220,967 $ 733,952 Receivables: Interest and dividends 3,452,817 42,047 17,224 42,592 3,554,680 498 Unsettled investment sales 21,731,113 - - - 21,731,113 - Securities lending earnings 28,682 - - - 28,682 - Due from others - - - - - 50,484 Total receivables 25,212,612 42,047 17,224 42,592 25,314,475 50,982 Managed investment accounts, at fair value: Cash and cash equivalents 34,328,635 - 1,145,180 767,536 36,241,351 - Government bonds 120,498,509 1,872,141 - 491,404 122,862,054 - Index linked government bonds 498,509 - - - 498,509 - Agency bonds 4,318,147 1,118,059 - - 5,436,206 - Municipal bonds 3,090,330 - - 302,009 3,392,339 - Domestic corporate bonds 119,144,966 - - 2,534,969 121,679,935 - International equity securities 157,814,283 - - 387,048 158,201,331 - Domestic stocks 350,967,747 - - 3,293,096 354,260,843 - Mortgage backed bonds 101,265,405 - - 1,434,922 102,700,327 - Government issued commercial mortgage backed bonds 92,862 - - - 92,862 - Asset backed securities 9,181,102 - - - 9,181,102 - Other/rights/warrants 32,977 - - - 32,977 - Domestic equity mutual funds 239,057,393 - 10,193,672 9,596,322 258,847,387 - International equity mutual funds 48,535,693 - 8,746,167 1,206,936 58,488,796 - Infrastructure 50,574,173 - - - 50,574,173 - Real estate 104,428,016 - - 2,925,832 107,353,848 - Total managed investment accounts 1,343,828,747 2,990,200 20,085,019 22,940,074 1,389,844,040 - Securities lending collateral 166,594,183 - - - 166,594,183 - Total assets 1,535,635,542 3,247,484 20,107,973 22,982,666 1,581,973,665 784,934 LIABILITIES Accounts payable 935,535 - - - 935,535 22,857 Due to other funds (deficit in pooled cash) 198,186 - - - 198,186 - Unsettled investment purchases 41,563,837 - - - 41,563,837 - Other payables 529,416 - - - 529,416 - Obligations under securities lending 166,594,183 - - - 166,594,183 - Total liabilities 209,821,157 - - - 209,821,157 22,857 NET POSITION Restricted for: Pensions 1,325,814,385 3,247,484 20,107,973 22,982,666 1,372,152,508 - Individuals, organizations and other governments - - - - - 762,077 Total net position $ 1,325,814,385 $ 3,247,484 $ 20,107,973 $ 22,982,666 $ 1,372,152,508 $ 762,077 The notes to the financial statements are an integral part of this statement. City of Clearwater, Florida Combining Statement of Fiduciary Net Position Fiduciary Funds September 30, 2021 136 Defined Benefit Defined Contribution Pension Trust Funds Pension Trust Funds Firefighters' Police Firefighters'Total Employees' Relief and Supplemental Supplemental Pension Custodial Pension Fund Pension Fund Pension Fund Pension Fund Trust Funds Fund ADDITIONS Contributions: Employer $ 11,917,353 $ - $ - $ - $ 11,917,353 $ - Employer - state tax 12,000 - 1,181,031 1,085,462 2,278,493 - Employees 8,013,951 - - - 8,013,951 - Individuals, organizations and other governments - - - - - 753,562 Total contributions 19,943,304 - 1,181,031 1,085,462 22,209,797 753,562 Investment earnings (loss): Net increase (decrease) in fair value of investments 220,076,098 (69,206) 2,610,104 3,276,864 225,893,860 - Interest, dividends and other 18,226,670 83,718 167,361 700,851 19,178,600 (589) Securities lending income 604,668 - - - 604,668 - Total investment earnings (loss) 238,907,436 14,512 2,777,465 3,977,715 245,677,128 (589) Less investment costs: Investment management / custodian fees (7,548,484) - (34,953) (104,723) (7,688,160) - Securities lending costs (211,518) - - - (211,518) - Net investment earnings (loss) 231,147,434 14,512 2,742,512 3,872,992 237,777,450 (589) Miscellaneous - - - 103 103 Total additions 251,090,738 14,512 3,923,543 4,958,557 259,987,350 752,973 DEDUCTIONS Benefits 56,274,207 245,126 3,407,744 2,078,810 62,005,887 - Refunds and transfers to other systems 1,222,375 - - - 1,222,375 - Administrative expenses 340,629 3,000 18,330 38,769 400,728 - Payments to individuals, organizations and other governments- - - - - 648,396 Total deductions and administrative expenses 57,837,211 248,126 3,426,074 2,117,579 63,628,990 648,396 Net increase (decrease) in fiduciary net position 193,253,527 (233,614) 497,469 2,840,978 196,358,360 104,577 Fiduciary net position - beginning (as previously reported) 1,132,560,858 3,481,098 19,610,504 20,141,688 1,175,794,148 - Prior period restatement (See Note IV.I.) - - - - - 657,500 Fiduciary net position - beginning (as restated) 1,132,560,858 3,481,098 19,610,504 20,141,688 1,175,794,148 657,500 Fiduciary net position - ending $ 1,325,814,385 $ 3,247,484 $ 20,107,973 $ 22,982,666 $ 1,372,152,508 $ 762,077 The notes to the financial statements are an integral part of this statement. City of Clearwater, Florida Combining Statement of Changes in Fiduciary Net Position Fiduciary Funds For the Year Ended September 30, 2021 137 138 This Page Intentionally Left Blank Financial Trends Schedule 1 Net Position by Component Schedule 2 Changes in Net Position Schedule 2a Program Revenues by Function/Program Schedule 3 Fund Balances of Governmental Funds Schedule 4 Changes in Fund Balances of Governmental Funds Revenue Capacity Schedule 5 Assessed Value and Estimated Actual Value of Taxable Property Schedule 6 Direct and Overlapping Property Tax Rates Schedule 7 Property Tax Levies and Collections Schedule 8a Principal Real Property Taxpayers Schedule 8b Principal Personal Property Taxpayers Debt Capacity Schedule 9 Ratios of Outstanding Debt by Type Schedule 10 Ratios of General Bonded Debt Outstanding Schedule 11 Direct and Overlapping Governmental Activities Debt Schedule 12 Legal Debt Margin Information Schedule 13 Pledged-Revenue Coverage These schedules present information to help the reader assess the affordability of the City’s current levels of outstanding debt, and the City’s ability to issue additional debt in the future. CITY OF CLEARWATER, FLORIDA STATISTICAL SECTION This section of the City’s ACFR presents detailed information as a context for understanding what the information in the financial statements, note disclosures, and required supplementary information say about the City’s overall financial health. This information has not been audited by the independent auditor. These schedules contain trend information to help the reader understand how the City’s financial performance and well-being changed over time. These schedules contain information to help the reader assess the City’s significant local revenue, the property tax. 139 Economic and Demographic Information Schedule 14 Demographic and Economic Statistics Schedule 15 Principal Employers Operating Information Schedule 16 Full-time Equivalent City Government Employees by Function/Program Schedule 17 Operating Indicators by Function/Program Schedule 18 Capital Assets Statistics by Function/Program These schedules offer economic and demographic indicators to help the reader understand the environment within which the City’s financial activities take place. These schedules contain service and infrastructure data to help the reader understand how the information in the City’s financial report relates to the services the City provides and the activities it performs. Sources: Unless otherwise noted, the information in this section is derived from the City’s annual comprehensive financial reports for the relevant year. STATISTICAL SECTION (CONTINUED) CITY OF CLEARWATER, FLORIDA 140 2012201320142015201620172018201920202021Primary GovernmentGovernmental activities Net investment in capital assets 249,742$ 252,661$ 261,886$ 262,934$ 263,810$ 271,834$ 256,608$ 267,703$ 271,011$ 283,538$ Restricted 65,603 60,454 56,044 57,003 52,936 119,003 145,996 129,078 136,164 295,044 Unrestricted 80,208 82,369 153,334 121,033 128,785 72,595 57,072 102,030 132,181 48,583 Total governmental activities net position 395,553$ 395,484$ 471,264$ 440,970$ 445,531$ 463,432$ 459,676$ 498,811$ 539,356$ 627,165$ Business-type activities Net investment in capital assets 163,316$ 180,324$ 214,175$ 226,571$ 231,591$ 254,503$ 250,410$ 284,905$ a292,925$ 285,264$ Restricted 55,204 53,237 49,530 45,503 36,803 47,946 54,034 36,271 36,576 48,861 Unrestricted 151,693 153,761 163,876 164,135 194,997 183,726 194,547 225,022 a260,807 291,320 Total business-type activities net position 370,213$ 387,322$ 427,581$ 436,209$ 463,391$ 486,175$ 498,991$ 546,198$ 590,308$ 625,445$ Primary government Net investment in capital assets 413,058$ 432,985$ 476,061$ 489,505$ 495,401$ 526,337$ 507,018$ 552,608$ 563,936$ 568,802$ Restricted 120,807 113,691 105,574 102,506 89,739 166,949 200,030 165,349 172,740 343,905 Unrestricted 231,901 236,130 317,210 285,168 323,782 256,321 251,619 327,052 392,988 339,903 Total primary government net position 765,766$ 782,806$ 898,845$ 877,179$ 908,922$ 949,607$ 958,667$ 1,045,009$ 1,129,664$ 1,252,610$Note:Fiscal years prior to 2015 are not restated for GASB-68.Fiscal years prior to 2018 are not restated for GASB-75.a Reclassified to correct the calculation of Net Investment in Capital Assets in 2019.Schedule 1City of Clearwater, FloridaNet Position by ComponentLast Ten Fiscal Years(accrual basis of accounting, in thousands of dollars)141 2012201320142015201620172018201920202021Governmental activities: General government 14,230$ 13,496$ 15,018$ 16,818$ 13,488$ 14,876$ 18,323$ 15,982$ 13,110$ 12,020$ Public safety 67,559 68,057 70,126 99,056 71,718 66,795 67,737 71,645 72,720 37,949 Physical environment 3,189 3,451 3,416 3,273 4,142 3,993 4,055 551 5,934 3,077 Transportation 13,432 12,954 11,129 19,366 14,532 14,339 17,020 15,957 12,424 12,247 Economic environment 2,240 3,035 2,517 4,895 4,019 5,305 6,205 7,671 7,298 4,545 Human services 186 104 137 249 526 455 462 574 598 505 Culture and recreation 32,814 32,213 33,051 40,783 36,894 36,497 50,485 45,595 36,528 38,751 Interest on long-term debt 709 698 727 689 740 748 745 808 617 528 Total governmental activities expenses 134,359 134,008 136,121 185,129 146,059 143,008 165,032 158,783 149,229 109,622 Business-type activities: Water and sewer utility 59,406 57,774 64,810 69,550 64,866 73,253 82,197 68,458 66,362 72,634 Gas utility 27,662 29,747 31,639 33,352 29,195 30,716 35,569 35,553 32,671 37,233 Solid waste utility 16,632 17,042 17,572 22,486 17,989 17,626 17,053 19,328 18,580 22,062 Stormwater utility 12,847 12,284 16,476 16,110 13,664 13,148 14,550 11,730 12,308 13,384 Recycling 2,855 4,056 3,094 2,455 2,958 2,864 3,042 1,594 2,675 3,282 Marine 4,168 4,214 4,378 4,182 3,476 3,781 4,119 4,212 3,677 4,548 Aviation 366 404 345 399 415 470 640 502 486 518 Parking system 4,200 3,730 3,637 4,724 4,097 4,379 4,817 5,054 5,732 5,832 Harborview Center 610 520 522 - - - - - - - Clearwater Harbor Marina 726 676 779 911 848 823 895 919 947 1,125 Total business-type activities expenses 129,472 130,447 143,252 154,169 137,508 147,060 162,882 147,350 143,438 160,618 Total primary government expenses 263,831$ 264,455$ 279,373$ 339,298$ 283,567$ 290,068$ 327,914$ 306,133$ 292,667$ 270,240$ Notes:The Harborview Center Fund was closed in FY 2014 and its operations transferred to the General Fund during the year ended September 30, 2014.Fiscal years prior to 2015 are not restated for GASB-68.Fiscal years prior to 2018 are not restated for GASB-75.ExpensesSchedule 2City of Clearwater, FloridaChanges in Net PositionLast Ten Fiscal Years(accrual basis of accounting, in thousands of dollars)Page 1 of 3142 2012201320142015201620172018201920202021 Charges for services: General government 20,401$ 19,920$ 22,726$ 23,668$ 23,030$ 23,380$ 24,391$ 26,013$ 25,869$ 25,752$ Public safety 9,265 10,654 11,040 10,593 11,952 11,788 11,318 11,769 12,739 13,858 Physical environment 77 174 150 196 137 67 237 120 65 83 Transportation 885 738 454 327 150 157 127 182 175 157 Economic environment 122 121 132 109 105 105 312 165 149 124 Culture and recreation 5,474 5,973 6,855 7,103 7,751 8,336 8,384 8,892 6,401 6,421 Operating grants and contributions 8,521 8,114 6,305 6,893 6,236 7,012 7,456 8,630 6,925 12,540 Capital grants and contributions 845 437 2,391 2,326 2,642 3,894 7,146 6,257 2,519 2,595 Total governmental activities program revenues45,590 46,131 50,053 51,215 52,003 54,739 59,371 62,028 54,842 61,530 Business-type activities: Charges for services: Water and sewer utility 62,012 65,292 67,141 70,848 75,203 81,514 83,994 87,242 91,069 96,837 Gas utility 36,351 37,693 41,347 41,143 38,598 40,602 45,120 45,762 42,785 43,034 Solid waste utility 19,462 19,504 19,966 20,401 21,602 22,492 23,234 24,504 24,646 26,501 Stormwater utility 15,890 16,378 16,789 17,162 17,854 18,512 18,397 18,503 17,248 17,435 Recycling 2,681 2,453 2,370 2,261 2,390 2,546 2,316 2,444 2,710 3,032 Marine 4,181 4,331 4,643 4,352 4,054 4,444 5,065 5,284 4,885 5,896 Aviation 257 261 268 283 291 311 317 323 333 314 Parking system 4,890 4,994 5,159 6,215 6,638 7,027 6,348 7,128 7,653 10,721 Harborview Center 209 48 50 - - - - - - - Clearwater Harbor Marina 467 559 619 664 717 799 804 850 872 893 Operating grants and contributions 134 584 140 50 208 83 83 664 166 83 Capital grants and contributions 7,469 6,250 13,590 4,662 3,487 3,564 3,785 3,973 1,764 2,546 Total business-type activities program revenues154,003 158,347 172,082 168,041 171,042 181,894 189,463 196,677 194,131 207,292 Total primary government program revenues199,593$ 204,478$ 222,135$ 219,256$ 223,045$ 236,633$ 248,834$ 258,705$ 248,973$ 268,822$ Notes:The Harborview Center Fund was closed in FY 2014 and its operations transferred to the General Fund during the year ended September 30, 2014.Program revenuesSchedule 2 (continued)City of Clearwater, FloridaChanges in Net PositionLast Ten Fiscal Years(accrual basis of accounting, in thousands of dollars)Page 2 of 3143 2012201320142015201620172018201920202021Net (Expenses) / RevenueGovernmental activities (87,912)$ (87,049)$ (85,142)$ (132,905)$ (92,924)$ (87,041)$ (104,252)$ (94,877)$ (92,294)$ (48,092)$ Business-type activities 24,531 27,900 28,830 13,872 33,534 34,834 26,581 49,327 50,693 46,674 Total primary government net (expense) / revenue (63,381)$ (59,149)$ (56,312)$ (119,033)$ (59,390)$ (52,207)$ (77,671)$ (45,550)$ (41,601)$ (1,418)$ General Revenues and Other Changes in Net PositionGovernmental activities: Taxes: Property taxes 37,938$ 37,360$ 38,574$ 40,925$ 43,580$ 46,853$ 50,610$ 64,050$ 68,614$ 73,093$ Sales taxes 14,092 15,489 15,722 16,833 17,595 18,009 19,015 19,839 19,311 22,842 Utility taxes 12,736 13,473 14,309 14,095 14,518 14,835 15,544 16,449 17,166 17,746 Communications services taxes 5,871 5,470 5,061 4,919 4,618 4,512 4,721 4,371 4,369 4,175 Local business tax b1,914 2,112 2,111 2,029 662 a1,913 1,956 2,077 2,028 2,127 Local option gas tax b1,394 1,444 1,443 1,490 1,532 1,546 1,536 1,526 1,382 1,439 Intergovernmental: State revenue sharing b2,939 3,103 3,245 3,441 3,520 3,707 3,826 3,969 3,694 4,274 Investment earnings 2,758 (1,109) 2,596 3,279 2,285 698 (136) 8,617 4,550 (642) Miscellaneous 101 134 28 26 108 36 100 182 94 304 Extraordinary item - - - 6,480 - - - - - - Transfers 8,980 9,505 13,410 9,330 9,069 12,831 10,341 12,932 11,631 10,543 Total governmental activities 88,723 86,981 96,499 102,847 97,487 104,940 107,513 134,012 132,839 135,901 Business-type activities: Investment earnings 3,644 (1,287) 3,407 4,086 2,715 783 (350) 10,811 5,047 (994) Transfers (8,980) (9,505) (13,410) (9,330) (9,069) (12,831) (10,341) (12,932) (11,631) (10,543) Total business-type activities (5,336) (10,792) (10,003) (5,244) (6,354) (12,048) (10,691) (2,121) (6,584) (11,537) Total primary government 83,387$ 76,189$ 86,496$ 97,603$ 91,133$ 92,892$ 96,822$ 131,891$ 126,255$ 124,364$ Change in Net PositionGovernmental activities 811$ (68)$ 11,357$ (30,058)$ 4,563$ 17,899$ 3,261$ 39,135$ 40,545$ 87,809$ Business-type activities 19,195 17,108 18,827 8,628 27,180 22,786 15,890 47,206 44,109 35,137 Total primary government change in net position 20,006$ 17,040$ 30,184$ (21,430)$ 31,743$ 40,685$ 19,151$ 86,341$ 84,654$ 122,946$ Notes:a Reduction in Local Business Tax in 2016 is due to the deferral of receipts for following fiscal year renewals received during July, August and September.b Amounts previously reported as "Other Taxes" in fiscal years 2012-2019 have been separately itemized.Schedule 2 (continued)City of Clearwater, FloridaChanges in Net PositionLast Ten Fiscal Years(accrual basis of accounting, in thousands of dollars)Page 3 of 3144 2012201320142015201620172018201920202021Function/ProgramGovernmental activities: General government 20,418$ 19,920$ 22,728$ 23,668$ 23,030$ 23,432$ 24,398$ 26,298$ 25,869$ 25,877$ Public safety 13,753 13,551 14,192 13,201 15,439 14,778 14,455 16,363 15,547 19,693 Physical environment 327 326 447 1,311 986 1,538 1,729 1,690 415 329 Transportation 1,436 1,284 885 1,024 927 1,312 2,889 1,759 1,007 1,397 Economic environment 1,687 2,988 1,828 1,713 1,426 2,014 1,725 1,315 1,327 4,386 Human services 180 147 - 350 333 368 431 400 421 347 Culture and recreation 7,789 7,915 9,973 9,948 9,862 11,297 13,744 14,203 10,256 9,501 Subtotal governmental activities 45,590 46,131 50,053 51,215 52,003 54,739 59,371 62,028 54,842 61,530 Business-type activities: Water and sewer utility 68,812 69,732 78,478 74,146 77,312 82,531 86,706 89,115 92,057 98,541 Gas utility 36,351 38,143 41,347 41,143 38,598 40,602 45,120 45,762 42,785 43,034 Solid waste utility 19,462 19,504 19,966 20,401 21,727 22,492 23,234 25,166 24,646 26,501 Stormwater utility 15,961 16,869 18,821 17,805 19,029 21,053 19,358 20,575 17,907 17,519 Recycling 2,764 2,536 2,453 2,261 2,473 2,629 2,399 2,444 2,876 3,115 Marine 4,259 4,334 4,658 4,357 4,055 4,447 5,070 5,286 4,885 5,896 Aviation 776 1,491 480 999 377 314 424 351 450 1,072 Parking system 4,890 4,994 5,159 6,215 6,704 7,027 6,348 7,128 7,653 10,721 Harborview Center 209 48 50 - - - - - - - Clearwater Harbor Marina 518 696 670 714 767 799 804 850 872 893 Subtotal business-type activities 154,002 158,347 172,082 168,041 171,042 181,894 189,463 196,677 194,131 207,292 Total primary government 199,592$ 204,478$ 222,135$ 219,256$ 223,045$ 236,633$ 248,834$ 258,705$ 248,973$ 268,822$ Notes:The Harborview Center Fund was closed in FY 2014 and its operations transferred to the General Fund during the year ended September 30, 2014.Schedule 2aCity of Clearwater, FloridaProgram Revenues by Function/ProgramLast Ten Fiscal Years(accrual basis of accounting, in thousands of dollars) 145 2012201320142015201620172018201920202021General Fund: Nonspendable 25$ 37$ 33$ 40$ 59$ 62$ 76$ 49$ 64$ 46$ Restricted - - - - - - - - - - Committed - - - - - - - - - - Assigned 1,043 588 894 447 352 232 436 452 338 630 Unassigned 22,034 21,664 23,488 31,540 33,243 28,276 27,176 38,168 48,933 67,749 Total General Fund 23,102$ 22,289$ 24,415$ 32,027$ 33,654$ 28,570$ 27,688$ 38,669$ 49,335$ 68,425$ All Other Governmental Funds: Nonspendable 87$ 96$ -$ -$ -$ -$ -$ 10$ 192$ -$ Restricted 65,645 60,493 56,043 53,900 52,936 58,681 67,328 76,094 72,163 76,215 Committed 17,346 27,322 19,374 20,167 22,360 22,132 19,829 19,661 25,539 24,597 Assigned 8,488 5,801 6,689 7,815 7,475 7,094 3,043 5,828 6,921 9,400 Unassigned (2,119) (3,917) (6,347) (2,553) - - - - - - Total all other governmental funds 89,447$ 89,795$ 75,759$ 79,329$ 82,771$ 87,907$ 90,200$ 101,593$ 104,815$ 110,212$ Schedule 3City of Clearwater, FloridaFund Balances of Governmental FundsLast Ten Fiscal Years(modified accrual basis of accounting, in thousands of dollars)146 2012201320142015201620172018201920202021Total Governmental Funds: Property taxes 37,954$ 37,413$ 38,597$ 40,919$ 43,614$ 46,852$ 50,710$ 64,050$ b 68,522$ 73,096$ Sales taxes 8,393 8,868 9,465 10,188 10,715 11,014 11,670 12,278 12,087 14,296 Utility taxes 12,735 13,473 14,309 14,094 14,518 14,835 15,544 16,449 17,166 17,746 Communications services taxes 5,871 5,470 5,061 4,919 4,618 4,512 4,721 4,371 4,368 4,175 Other taxes 3,308 3,556 3,554 3,519 2,194 3,459 3,493 3,603 3,409 3,566 Franchise fees 9,603 9,164 9,877 9,873 9,311 9,394 9,992 10,643 10,312 10,355 Licenses, permits, and fees 2,117 2,187 3,292 4,408 3,339 3,893 3,748 3,995 4,439 5,265 Intergovernmental revenues 25,750 26,842 26,354 27,573 28,293 30,236 34,277 34,770 29,730 36,442 Charges for services 14,682 14,484 15,574 15,830 16,536 17,304 17,381 17,719 15,461 17,106 Fines and forfeitures 985 1,808 1,480 1,638 2,116 1,727 2,165 2,605 2,321 2,308 Investment earnings 1,719 (668) a1,717 2,160 1,486 460 194 5,292 c2,963 (387) d Miscellaneous 2,016 2,310 2,734 3,886 3,714 4,051 4,499 4,289 3,592 3,185 Total revenues 125,133 124,907 132,014 139,007 140,454 147,737 158,394 180,064 174,370 187,153 ExpendituresTotal Governmental Funds: Current: General government 12,764 12,520 14,391 13,159 12,917 16,277 17,250 17,521 12,648 13,248 Public safety 64,171 66,262 66,771 66,886 69,575 71,752 74,486 74,164 78,002 81,172 Physical environment 3,032 3,376 3,400 3,158 3,594 4,185 4,403 3,488 3,938 3,644 Transportation 8,332 7,522 7,787 9,925 9,554 9,626 9,629 9,956 8,453 8,427 Economic environment 2,470 3,256 2,544 3,993 3,473 4,826 4,106 4,831 6,602 4,711 Human services 182 104 137 223 525 466 490 594 634 595 Culture and recreation 27,028 26,567 27,557 28,339 31,279 33,868 43,030 40,080 34,971 35,218 Debt service: Principal 1,049 1,049 947 928 979 1,088 1,271 1,486 1,508 1,617 Interest & issuance costs 548 538 542 501 459 414 380 348 308 260 Capital outlay 8,860 13,318 16,098 12,132 12,062 13,015 8,921 12,068 15,916 19,029 Total expenditures128,436 134,512 140,174 139,244 144,417 155,517 163,966 164,536 162,980 167,921 Excess (deficiency) of revenues over (under) expenditures (3,303) (9,605) (8,160) (237) (3,963) (7,780) (5,572) 15,528 11,390 19,232 Total Governmental Funds: Transfers in 31,373 35,813 34,453 39,386 32,824 45,413 49,202 45,697 47,307 45,071 Transfers out (24,491) (26,673) (25,819) (31,190) (25,074) (38,658) (43,895) (40,396) (42,979) (40,354) Proceeds from sale of capital assets - - - - 314 - - 1,545 1,746 537 Other long term debt issued 314 - - 82 968 1,077 1,677 - 964 - Total other financing sources (uses) 7,196 9,140 8,634 8,278 9,032 7,832 6,984 6,846 7,038 5,254 Extraordinary Item:BP Oil settlement proceeds - - - 6,480 - - - - 3,893$ (465)$ 474$ 14,521$ 5,069$ 52$ 1,412$ 22,374$ 18,428$ 24,486$ Debt service as a percentage of noncapital expenditures 1.3% 1.3%1.3% 1.1% 1.1% 1.1% 1.1% 1.3% 1.2% 1.3%Notes:Fiscal years prior to 2015 are not restated for GASB-68.Fiscal years prior to 2018 are not restated for GASB-75.a The decrease in 2013 investment earnings was due to a low interest rate environment along with an unrealized loss in market value at September 30, 2013.b The increase in 2019 investment earnings was due to an unrealized gain in market value as of September 30, 2019 as well as an increase in the average balance of cash and investments.c The increase in 2019 property taxes was due to an increase in the millage rate from 5.155 to 5.955 as well as an increase in property values.d The decrease in 2021 investment earnings was due to a decrease interest rates as well as an unrealized loss in market value as of September 30, 2021 .Other Financing Sources (Uses)Net Change in Fund BalancesRevenuesSchedule 4City of Clearwater, FloridaChanges in Fund Balances of Governmental FundsLast Ten Fiscal Years(modified accrual basis of accounting, in thousands of dollars)147 Less:Government Homestead Total Total Estimated Assessedand Assessment Less:Taxable Direct Actual Value as %Fiscal Residential Commercial Industrial Institutional Personal OtherCap Tax Exempt Assessed Tax Taxable of ActualYear Property Property Property Property Property Property DifferentialbProperty Value RatecValue Value2012 6,732,585$ 2,001,945$ 149,166$ 973,917$ 609,704$ 94,750$ 391,670$ 2,573,448$ 7,596,949$ 5.1550 8,937,587$ 85.0%2013 6,496,278 2,043,952 140,377 1,017,944 593,746 114,615 290,989 2,623,699 7,492,224 5.1550 8,814,381 85.0%2014 6,863,874 2,077,078 149,298 1,057,915 601,743 113,552 485,295 2,640,339 7,737,826 5.1550 9,103,325 85.0%2015 7,713,777 2,145,212 156,487 1,117,973 631,798 113,591 959,433 2,714,945 8,204,460 5.1550 9,652,306 85.0%2016 8,606,077 2,248,376 161,628 1,167,103 659,302 116,457 1,447,451 2,762,807 8,748,685 5.1550 10,292,571 85.0%2017 9,309,714 2,416,458 181,646 1,170,702 653,678 116,714 1,655,985 2,792,826 9,400,101 5.1550 11,058,942 85.0%2018 10,027,947 2,634,890 191,916 1,199,559 753,946 112,055 1,835,694 2,903,688 10,180,931 5.1550 11,977,566 85.0%2019 10,929,070 2,924,352 193,383 1,229,391 1,097,973 130,025 2,022,246 3,322,023 11,159,925 5.9550 13,129,324 85.0%2020 11,645,166 3,133,808 201,106 1,289,515 1,043,462 142,185 2,150,286 3,392,403 11,912,553 5.9550 14,014,768 85.0%2021 12,416,788 3,258,784 220,657 1,399,614 1,119,370 161,319 2,244,667 3,613,906 12,717,959 5.9550 14,962,305 85.0%a Properties are assessed at approximately 85% of market value to reflect cost of sales, personal property included in market value, etc.b Chapter 193.155, Florida Statutes, provides for an annual cap on assessment increases for "Homestead properties" (properties qualifying for Homestead exemption). The cap is the lower of 3% of the assessed value of the property or the percentage change in the Consumer Price Index for All Urban Consumers.c Rate is per $1,000 of assessed valueAssessed Value aSchedule 5City of Clearwater, FloridaAssessed Value and Estimated Actual Value of Taxable PropertyLast Ten Fiscal Years(in thousands of dollars)148 Fiscal Year Operating Total Direct Pinellas County Pinellas County Schools Pinellas Transit District Emergency Medical Services Other Districts Downtown Development Board a 2012 5.1550 5.1550 4.8730 8.3850 0.7305 0.8506 1.2390 0.9651 2013 5.1550 5.1550 5.0727 8.3020 0.7305 0.9158 1.3034 0.9651 2014 5.1550 5.1550 5.3377 8.0600 0.7305 0.9158 1.2959 0.9651 2015 5.1550 5.1550 5.3377 7.8410 0.7305 0.9158 1.2799 0.9651 2016 5.1550 5.1550 5.3377 7.7700 0.7305 0.9158 1.2629 0.9651 2017 5.1550 5.1550 5.3377 7.3180 0.7500 0.9158 1.2448 0.9651 2018 5.1550 5.1550 5.3590 7.0090 0.7500 0.9158 1.2262 0.9700 2019 5.9550 5.9550 5.3590 6.7270 0.7500 0.9158 1.2086 0.9700 2020 5.9550 5.9550 5.3950 6.5840 0.7500 0.9158 1.1932 0.9700 2021 5.9550 5.9550 5.3590 6.4270 0.7500 0.9158 1.1800 b 0.9700 Source: Pinellas County Tax Collector a A separate taxing district established by referendum which affects only downtown properties. b "Other" includes Pinellas County Planning Council 0.0150; Juvenile Welfare Board 0.8981; SW Florida Water Management District 0.2669. Schedule 6 City Direct Rates Overlapping Rates City of Clearwater, Florida Direct and Overlapping Property Tax Rates Last Ten Fiscal Years (rate per $1,000 of assessed value) 149 Fiscal Year Taxes Levied for the Fiscal Year Amount Percentage of Levy Collections in Subsequent Years Amount Percentage of Levy 2012 39,162,295$ 37,874,151$ 96.71% 73,583$ 37,947,734 96.90% 2013 38,622,438 37,298,959 96.57% 66,140 37,365,099 96.74% 2014 39,888,516 38,521,211 96.57% 61,514 38,582,725 96.73% 2015 42,294,009 40,832,366 96.54% 59,342 40,891,708 96.68% 2016 45,099,493 43,545,722 96.55% 49,225 43,594,947 96.66% 2017 48,457,539 46,762,216 96.50% 40,754 46,802,970 96.59% 2018 52,482,716 50,620,131 96.45% 29,515 50,649,646 96.51% 2019 66,457,374 64,014,536 96.32% 89,424 64,103,960 96.46% 2020 70,939,266 68,396,543 96.42% 28,545 68,425,088 96.46% 2021 75,735,461 73,035,751 96.44% - 73,035,751 96.44% Note 1:Discounts are allowed for early payment: 4% for November, 3% for December,2% for January, and 1% for February. No discount is allowed for payment in March. Penalties are assessed beginning in April. Note 2:Prior to fiscal year 2012, the Pinellas County Tax Collector did not allocate delinquent taxes collected by the original tax year levied. Consequently, all collections of delinquent taxes were applied to the immediately preceding tax year. Beginning with fiscal year 2012, the Tax Collector has allocated delinquent taxes collected by the original tax year levied. Schedule 7 Collected within the Fiscal Year of the Levy Total Collections to Date City of Clearwater, Florida Property Tax Levies and Collections Last Ten Fiscal Years 150 Taxpayer Taxable Assessed Value Rank Percentage of Total City Taxable Assessed Value Taxable Assessed Value Rank Percentage of Total City Taxable Assessed Value REAL PROPERTY BELLWETHER PROP FLA 157,724,000$ 1 1.30% $119,775,938 1 1.67% WYNDHAM VACATION RESORTS INC 123,325,447 2 1.01% B W C W HOSPITALITY LLC 106,375,729 3 0.87% JOHN S TAYLOR PROPERTIES LLC (1) 86,305,252 4 0.71% 43,283,000 3 0.60% K & P CLEARWATER ESTATE LLC 81,000,000 5 0.67% CLEARMAR LLC 73,000,000 6 0.60% P E P F SOLARIS KEY LLC 70,700,000 7 0.58% SANDPEARL RESORT LLC 65,473,851 8 0.54% 33,917,233 7 0.47% CL CLEARWATER LP 65,000,000 9 0.53% G R F P LLC 65,000,000 10 0.53% CRYSTAL BEACH CAPITAL LLC 75,324,551 2 1.05% STANDARD GRAND RESERVE LLC 38,350,000 4 0.53% CENTRO NP CLEARWATER MALL LLC 37,470,911 5 0.52% SAND KEY ASSOC LTD PARTNERSHIP 35,750,000 6 0.50% ZOM BAYSIDE ARBORS LTD 31,958,925 8 0.45% WEINGARTEN NOSTAT INC 25,832,000 9 0.36% RADSK ASSSC LTD 23,250,000 10 0.32% Total 893,904,279$ 7.34% 464,912,558$ 6.47% Notes: (1) John S. Taylor Properties LLC was listed as John S. Taylor III in 2011. Source: Pinellas County Property Appraiser Schedule 8a City of Clearwater, Florida Principal Real Property Taxpayers Current Year and Nine Years Ago 2021 2012 151 Taxpayer Taxable Assessed Value Rank Percentage of Total City Taxable Assessed Value Taxable Assessed Value Rank Percentage of Total City Taxable Assessed Value PERSONAL PROPERTY DUKE ENERGY FLORIDA (1) 108,370,135$ 1 20.00% 73,432,624$ 1 17.33% FRONTIER FLORIDA LLC (2) 22,054,638 2 4.07% 49,426,455 2 11.66% INSTRUMENT TRANSFORMERS INC 19,050,042 3 3.52% 7,049,401 7 1.66% SPECTRUM SUNSHINE STATE LLC 14,160,184 4 2.61% 15,057,483 3 3.55% PUBLIX SUPER MARKET 9,975,089 5 1.84% 10,319,585 4 2.44% MONIN INC 9,232,157 6 1.70% 5,343,889 9 1.26% WYNDHAM GRAND CLEARWATER BEACH 9,128,835 7 1.68% BAUSCH & LOMB INC 7,977,679 8 1.47% FLORIDA GAS TRANSMISSION 7,552,976 9 1.39% 8,089,004 5 1.91% DKBK ENTERPRISES LLC 6,916,747 10 1.28% HYATT REGENCY CLEARWATER BEACH 7,196,742 6 1.70% MODEL SCREW PRODUCTS INC 6,906,666 8 1.63% SANDPEARL RESORT LLC 5,112,921 10 1.21% Total 214,418,482$ 39.56% 187,934,770$ 44.35% Notes: (1) Duke Energy was listed as Progress Energy in 2012. (2) Frontier Florida LLC was listed as Verizon Florida LLC in 2012. (3) Spectrum Sunshine State LLC was listed as Bright House Networks LLC in 2012. Source: Pinellas County Property Appraiser Schedule 8b City of Clearwater, FloridaPrincipal Personal Property Taxpayers Current Year and Nine Years Ago 2021 2012 152 Spring TrainingFacility Water/Sewer Gas Stormwater Total PercentageFiscal Intergovernmental Capital Revenue Revenue Revenue Capital Primary of Personal PerYearRevenue BondsLeasesBondsBondsBondsLeasesGovernmentIncome (a)Capita (a)2012 10,300$ 9,058$ 177,013$ 15,035$ 38,409$ 765$ 250,580$ 5.33% 2,322 2013 9,686 8,249 170,934 14,367 37,498 512 241,246 5.07% 2,212 2014 9,053 9,260 164,714 13,554 36,249 296 233,126 4.61% 2,132 2015 8,397 14,033 159,642 12,566 34,791 279 229,708 4.31% 2,075 2016 7,717 18,035 152,866 11,563 33,257 437 223,875 4.08% 1,992 2017 7,014 21,241 150,862 10,555 31,680 1,141 222,493 3.81% 1,956.45 2018 6,273 25,211 143,377 9,905 30,057 1,150 215,973 3.49% 1,868.46 2019 5,498 17,470 135,694 9,245 28,377 838 197,122 3.02% 1,690.80 2020 4,681 19,901 130,676 8,570 22,776 1,338 187,942 2.70% 1,592.50 2021 3,826 12,787 126,027 7,875 21,354 893 172,762 * *Note: Details regarding the City's outstanding debt can be found in the notes to the financial statements.(a) See Schedule 14 for personal income and population data.* Data not available.Schedule 9Business-Type ActivitiesGovernmental ActivitiesCity of Clearwater, FloridaRatios of Outstanding Debt by TypeLast Ten Fiscal Years(amounts in thousands, except per capita)153 Percentage of General Public Service Sales Tax Actual Taxable Fiscal Obligation Tax Revenue Revenue Value of Per Year Bonds Bonds Bonds Total Property (a) Capita (b) 2012 -$ -$ -$ -$ - -$ 2013 - - - - - - 2014 - - - - - - 2015 - - - - - - 2016 - - - - - - 2017 - - - - - - 2018 - - - - - - 2019 - - - - - - 2020 - - - - - - 2021 - - - - - - (a) See Schedule 5 for property value data. (b) Population data can be found in Schedule 14. Note: Details regarding the City's outstanding debt can be found in the notes to the financial statements. Schedule 10 General Bonded Debt Outstanding City of Clearwater, Florida Ratios of General Bonded Debt Outstanding Last Ten Fiscal Years (amounts in thousands, except per capita) 154 Estimated Estimated Share of Debt Percentage Overlapping Governmental Unit Outstanding Applicable a Debt Debt repaid with property taxes -$ n/a -$ Other debt Pinellas County Government Notes 12,006 13.9% 1,665 Pinellas County Government Capital Leases 433 13.9% 60 Pinellas County School District Certificates of Participation 133,889 13.9% 18,564 Pinellas County School District State Bonds b 6 13.9% 1 Pinellas County School District Capital Leases 2,974 13.9% 412 Subtotal, overlapping debt 20,702 City direct debt 16,613 Total direct and overlapping debt 37,315$ Sources: Assessed value data used to estimate applicable percentages provided by Pinellas County Property Appraiser. Debt outstanding data is provided by each respective governmental unit. Pinellas County Government debt is reported as of September 30, Pinellas County School Board debt is reported as of June 30. Note: Overlapping governments are those that coincide, at least in part, with the geographic boundaries of the city. This schedule estimates the portion of the outstanding debt of those overlapping governments that is borne by the residents and businesses of Clearwater. This process recognizes that, when considering the city's ability to issue and repay long-term debt, the entire debt burden borne by the residents and businesses should be taken into account. a The percentage of overlapping debt applicable is estimated using taxable assessed property values. Applicable percentages were estimated by determining the portion of another governmental unit's taxable assessed value that is within the City's boundaries and dividing it by each unit's total taxable assessed value. b The School District State Bonds are secured by a pledge of the District's portion of the State-assessed motor vehicle license tax. The State's full faith and credit is also pledged for the bonds. (amounts in thousands) Schedule 11 City of Clearwater, Florida Direct and Overlapping Governmental Activities Debt As of September 30, 2021 155 Total Net Debt Applicable Total Net Debt to Limit Fiscal Debt Applicable Legal as Percentage Year Limit to Limit Debt Margin of Debt Limit 2012 1,911,916$ 224,409$ 1,687,507$ 11.74% 2013 1,904,237 215,753 1,688,484 11.33% 2014 1,955,083 208,318 1,746,765 10.66% 2015 2,057,302 204,926 1,852,376 9.96% 2016 2,170,214 199,317 1,970,897 9.18% 2017 2,307,618 199,611 2,108,007 8.65% 2018 2,466,049 193,379 2,272,670 7.84% 2019 2,676,718 182,710 2,494,008 6.83% 2020 2,852,238 170,515 2,681,723 5.98% 2021 3,042,407 155,808 2,886,599 5.12% Legal Debt Margin Calculation for Fiscal Year 2021: Assessed valuation of all real property 15,212,034$ Debt Limit (20% of assessed valuation per City Charter) 3,042,407 Debt applicable to limit: Revenue bonds 151,240$ Capital leases 13,180 Less: Amount set aside for repayment of bonded debt (8,612) 155,808 Legal debt margin 2,886,599$ Note: Per City Charter, the City's indebtedness, to include revenue, refunding, and improvement bonds shall not exceed 20 percent of the current assessed valuation of all real property located in the City. (amounts in thousands) Schedule 12 City of Clearwater, Florida Legal Debt Margin Information Last Ten Fiscal Years 156 Less: Net Fiscal Gross Operating Available Year Revenues Expenses Revenues Principal Interest Coverage 2012 1,098$ -$ 1,098$ 570$ 507$ 1.02 2013 1,084 - 1,084 590 485 1.01 2014 1,097 - 1,097 610 463 1.02 2015 1,100 - 1,100 635 439 1.02 2016 1,095 - 1,095 660 413 1.02 2017 1,090 - 1,090 685 380 1.02 2018 1,084 - 1,084 725 343 1.01 2019 1,121 - 1,121 760 303 1.05 2020 1,101 - 1,101 805 261 1.03 2021 743 - 743 845 220 0.70 (a) Pledged revenues for the Spring Training Facility Revenue Bonds include payments received from the State of Florida pursuant to Section 212.20, Florida Statutes, and payments from Pinellas County, pursuant to an inter-local agreement dated December 1, 2000, along with related interest earnings. Debt Service Spring Training Facility Revenue Bonds (a) Schedule 13 City of Clearwater, Florida Pledged-Revenue Coverage Last Ten Fiscal Years (amounts in thousands) Page 1 of 2 157 Less: Net Fiscal Gross Operating Available Maximum Year Revenues Expenses Revenues Principal Interest Coverage Coverage (a) Water & Sewer Utility Revenue Bonds 2012 63,743$ 38,479$ 25,264$ 5,190$ 8,008$ 1.91 2013 64,665 37,001 27,664 5,465 8,333 2.00 2014 68,601 44,732 23,869 5,680 8,099 1.73 2015 72,303 47,680 24,623 5,885 7,675 1.82 2016 76,164 42,131 34,033 6,375 7,260 2.50 2017 81,897 50,177 31,720 6,660 5,974 2.51 2018 83,739 46,484 37,255 6,985 5,181 3.06 2019 91,903 50,060 41,843 7,300 5,043 3.39 2020 93,603 53,539 40,064 4,190 4,723 4.50 2021 96,355 53,490 42,865 3,735 4,812 5.02 Gas Utility Revenue Bonds 2012 36,916$ 24,919$ 11,997$ 795$ 649$ 8.31 5.58 2013 37,922 27,159 10,763 825 502 8.11 5.01 2014 41,963 29,173 12,790 925 384 9.77 6.11 2015 41,961 30,407 11,554 980 358 8.64 5.52 2016 39,142 26,591 12,551 995 328 9.49 5.99 2017 40,773 27,927 12,846 1,000 297 9.90 6.13 2018 45,119 30,307 14,812 650 266 16.17 7.07 2019 47,496 32,353 15,143 660 250 16.64 7.23 2020 43,382 28,972 14,410 675 234 15.85 6.88 2021 42,914 32,576 10,338 695 217 11.34 4.94 Stormwater Utility Revenue Bonds 2012 16,355$ 8,480$ 7,875$ 1,155$ 1,712$ 2.75 2013 16,230 8,217 8,013 1,100 1,421 3.18 2014 17,256 12,553 4,703 1,300 1,186 1.89 2015 18,123 11,529 6,594 1,375 1,084 2.68 2016 18,360 9,537 8,823 1,455 1,079 3.48 2017 18,685 9,042 9,643 1,500 1,039 3.80 2018 18,451 7,844 10,607 1,550 991 4.17 2019 21,181 7,672 13,509 1,610 937 5.30 2020 17,947 8,052 9,895 5,535 (b)840 1.55 2021 17,084 8,579 8,505 1,360 743 4.04 (a) Maximum debt service coverage is presented for continuing disclosure on the Gas System (b) Principal payment in 2020 includes an additional principal payment in the amount of $4,205,000 on November 1, 2019 to redeem all outstanding principal on the 2014 Stormwater Revenue Refunding Bond, a direct placement bank loan. Debt Service Revenue Bonds and is based upon the maximum annual debt service for outstanding bonds and parity bonds. Schedule 13 (continued) City of Clearwater, Florida Pledged-Revenue Coverage Last Ten Fiscal Years (amounts in thousands) Page 2 of 2 158 Year Population (a) Personal Income (thousands of dollars) Per Capita Personal Income (b) Median Age (c) School Enrollment (d) Unemployment Rate (e) 2012 107,906 4,698,767$ 43,545$ 46.5 14,210 7.9% 2013 109,065 4,757,306 43,619 46.8 14,010 6.6% 2014 109,340 5,053,913 46,222 47.0 14,160 5.9% 2015 110,679 5,333,842 48,192 47.5 14,132 5.0% 2016 112,387 5,493,252 48,878 47.8 14,000 4.7% 2017 113,723 5,845,931 51,405 47.6 13,652 3.9% 2018 115,589 6,193,027 53,578 48.5 13,207 3.3% 2019 116,585 6,528,993 56,002 48.1 12,523 2.9% 2020 118,017 6,972,208 59,078 48.8 11,789 5.7% 2021 117,800 * * * 11,675 4.3% (a) (b) (c) (d) (e) Note: * Data not available. Data is the latest published annual data available for an unspecified point in each year, not specifically September 30. Schedule 14 City of Clearwater, Florida Demographic and Economic Statistics Last Ten Fiscal Years Per capita personal income data for Pinellas County for 2012-2020 is from the Florida Office of Data & Economic Research. Population data for the City of Clearwater is from the University of Florida, Bureau of Economic and Business Research, published April 1st of each year. Median age data for Pinellas County for 2012-2016 is from the University of Florida, Bureau of Economic and Business Research. Data for 2017-2020 is from the U.S. Census Bureau, American Community Survey. School enrollment data for public schools located within the City of Clearwater is from the Pinellas County School District. Unemployment data for the Tampa-St. Petersburg-Clearwater Metropolitan Statistical Area for September of each year is from the Bureau of Labor Statistics. 159 Employer Employees Rank Percentage of Total County Employment Employees Rank Percentage of Total County Employment Pinellas County School Board 13,000 1 2.61% 15,895 1 3.67% Pinellas County Board of County Commissioners 6,200 2 1.24% Publix 6,000 3 1.20% Bay Pines VA Healthcare System 4,500 4 0.90% 4,405 6 1.02% Raymond James 3,800 5 0.76% 2,600 2 0.60% City of St. Petersburg 3,500 6 0.70% 3,157 3 0.73% Johns Hopkins All Children's Hospital 3,000 7 0.60% Walmart 3,000 8 0.60% BayCare Morton Plant Hospital 2,900 9 0.58% 2,550 8 0.59% St. Petersburg College 2,500 10 0.50% 2,705 5 0.62% All Children's Hospital 2,900 4 0.67% Bayfront Medical Center 2,025 10 0.47% Pinellas County Sheriff 2,580 7 0.60% Mease Hospital 2,100 9 0.48% Total Employment 498,233 433,288 a Data is for Pinellas County. City data is not available. b Source: Florida Research and Economic Database and Pinellas County Department of Economic Development. 2021b 2012 Schedule 15 City of Clearwater, Florida Principal Employersa Current Year and Nine Years Ago 160 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Function/Program General government 289.7 290.3 282.3 281.8 287.3 295.9 298.8 301.3 301.3 301.8 Public safety: Fire 201.0 201.0 201.0 201.0 201.0 204.0 204.0 205.0 204.0 204.0 Police 366.1 364.3 364.5 364.0 362.5 367.5 373.3 373.3 374.3 375.3 Physical environment 34.0 34.0 21.0 21.0 21.0 21.0 21.0 21.0 21.0 21.0 Transportation 21.0 21.0 34.0 34.0 34.0 35.0 35.0 35.0 36.0 36.0 Economic environment 9.0 9.0 10.0 10.0 12.0 10.4 11.0 11.0 11.0 11.0 Culture and recreation: Library 73.6 73.6 73.6 74.4 81.4 82.3 85.1 84.0 84.0 83.6 Parks & Rec 197.7 197.2 202.5 204.6 209.7 219.0 241.4 240.9 240.9 243.4 Water & Sewer Utility 167.0 167.0 176.0 184.0 187.0 188.0 196.0 196.0 196.0 196.0 Gas Utility 79.0 83.0 83.0 87.0 92.0 104.0 110.0 110.0 110.0 110.0 Solid Waste Utility 112.2 112.2 111.5 111.5 111.5 111.5 111.5 111.5 111.5 111.5 Stormwater Utility 48.0 50.0 49.0 49.0 52.0 52.0 52.0 52.0 52.0 52.0 Recycling 22.3 22.3 22.0 22.0 22.0 22.0 22.0 22.0 22.0 22.0 Marine 23.0 23.0 24.6 24.6 27.7 28.3 18.6 18.9 18.9 15.6 Clearwater Harbor Marina 5.6 5.6 5.6 5.6 6.7 6.7 6.7 6.3 6.5 8.8 Aviation 1.4 1.4 1.4 1.4 1.4 1.4 1.4 1.6 1.6 2.6 Parking System 30.8 30.6 33.7 33.7 35.8 41.3 44.8 44.8 45.6 45.4 Total 1,681.4 1,685.5 1,695.7 1,709.6 1,745.0 1,790.3 1,832.6 1,834.6 1,836.6 1,840.0 Source: City of Clearwater Office of Management and Budget Schedule 16 City of Clearwater, Florida Full-time Equivalent City Government Employees by Function/Program Last Ten Fiscal Years 161 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021Function/ProgramGeneral government: Planning Commercial building permits issued 1,803 2,065 1,988 1,854 1,706 1,757 1,902 2,425 1,931 1,886 Residential building permits issued 4,941 4,985 5,756 6,546 6,987 9,134 8,702 8,856 8,536 9,141 Public safety: Police Average officer training hours 83 83 85 120 115 150 194 170 82 121Total volunteer training hours 385 412286 246 1034 58 679 209 144 34 Fire Percentage of fire responses under 7.5 minutes 95% 91% 93% 93% 91% 89% 89% 89% 82% 79%Physical environment Square feet of sidewalks repaired/constructed 45,416 28,036 23,651 35,611 36,694 48,075 39,335 41,268 33,658 28,250 Transportation Miles of roadway resurfaced 8 0 8 15 15 6 17 18 12 11Economic environment Code enforcement cases brought to compliance 4,664 4,905 4,431 4,458 4,736 4,771 4,642 4,561 5,187 4,947 Human services City employees that mentor in area schools 20 20 6 5 16 13 17 20 0 19Culture and recreation: Library system Library visits 820,000 836,919 600,148 636,006 562,387 522,014 582,315 625,411 389,063 280,977 Circulation 1,058,038 1,099,988 1,019,984 987,430 869,469 891,597 857,232 865,987 742,493 694,440 Parks and recreation Recreation center visitations 738,577 719,393 517,378 696,094 714,657 689,750 708,562 718,261 386,282 307,880 Athletic program visitations 541,433 1,108,644 989,570 1,066,767 1,093,090 1,104,126 916,355 1,054,200 859,860 877,982 Water and Sewer Utility:Water customers 41,988 43,500 43,704 44,236 44,743 45,275 45,486 45,587 45,760 46,087 Volume of water pumped (million gallons/day) 10.90 11.00 12.10 12.10 11.70 11.90 11.40 11.20 11.90 11.70 Sewer customers 33,093 33,405 33,564 33,390 33,763 33,947 34,111 34,183 34,442 34,654 Miles of sewers cleaned 230 229 197 172 160 251 161 109 138 136Gas Utility:Number of customers 20,029 20,313 20,719 21,277 21,973 23,031 24,620 26,438 28,243 30,001 Solid Waste Utility:Solid waste tonnage collected and disposed 114,317 116,830113,218 117,214 124,917 123,425 122,890 127,008 118,461 124,233 Stormwater Utility:Number of equivalent residential units 100,461 98,195 100,629 101,663 102,798 103,742 104,105 104,621 105,161 105,581 Recycling Utility:Marketable tons recycled 8,605 8,143 11,716 12,079 13,467 13,438 11,503 4,169 3,275 3,843 * Note: No operating indicators are available for marine, aviation, parking and Clearwater Harbor Marina functions.City of Clearwater, FloridaOperating Indicators by Function/ProgramLast Ten Fiscal Years162 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Function/Program Public safety Fire Stations 8 8 8888 8 8 8 8 Police Stations 6 6 6777 6 6 6 6 Transportation Paved streets (miles) 316 316 320 321 322 322 324 327 327 324 Culture and recreation Library system Volumes in collection (thousands) 598 581 582 564 519 528 469 473 439 428 Parks and recreation Parks acreage 1427 1427 1453 1455 1457 1457 1457 1457 1457 1875 Recreational paths (miles) 16 16 18 22 22 22 22 22 22 19 Playgrounds 27 27 27 27 27 26 26 26 26 27 Baseball and softball fields 32 34 32 32 32 32 32 32 32 34 Soccer and football fields 20 18 20 20 20 21 21 21 21 18 Recreation centers 5 5 5555 6 6 6 6 Water & Sewer Utility Water mains (miles) 591 590 597 589 588 585 583 586 596 586 Sanitary sewer mains (miles) 363 363 364 364 369 370 370 370 372 372 Daily treatment capacity (millions of gallons)29 29 29 29 29 29 29 29 29 29 Gas Utility Gas mains (miles) 843 849 862 884 908 930 965 994 1,021 1,056 Stormwater Utility Stormwater mains (miles) 150 150 151 153 154 154 154 154 155 156 Marine Boat slips 203 189 189 189 189 189 189 190 199 199 Clearwater Harbor Marina Boat slips 126 126 126 126 126 126 126 126 127 127 Aviation Airpark spaces 177 177 177 177 177 177 177 177 174 174 Parking system Parking spaces 2460 2319 2232 2312 2302 2345 2462 3073 3108 3004 Sources: Various city departments Note: No capital asset indicators are available for the general government, physical environment, economic environment, human services, solid waste and recycling functions. Schedule 18 City of Clearwater, FloridaCapital Asset Statistics by Function/Program Last Ten Fiscal Years 163 164 This Page Intentionally Left Blank 165 Other Information 166 Page 1 of 5 City of Clearwater, Florida Continuing Disclosure – Gas System Revenue Bonds Series 2013 and 2014 The System: Rates, Fees and Charges The City Council has established a schedule of rates and charges by ordinance, which includes a purchased gas cost adjustment provision allowing the City to pass-through to customers any increase or decrease in the purchased price of gas. The City is not subject to regulation by any State agency in establishing or revising its rates. Where competitive fuel sources or transportation service are available to the customer, the City Council has authorized the City Manager to enter into contract gas service rates at special rates and/or conditions as required to obtain/retain the customer load. Such contract service must meet the normal construction feasibility formula to insure profitable payback to the City. For the fiscal year ending September 30, 2021, contract rates applied to an average of 181 customer accounts per month and impacted 6.0% of total revenues. The rates charged by the System through September 30, 1996, were part of the Phase I Gas Rate Case implemented October 1, 1995, which was based on a comprehensive cost of service study performed by the Utility Advisory Services Group of the international accounting firm of Coopers & Lybrand, LLP (the “Rate Study”). This Phase I implementation resulted in an extensive overhaul of the Gas System customer rates, providing numerous classes of service and a modernized billing methodology. The new rates, effective October 1, 1996, were designed to be industry-based and responsive to the competitive energy challenges. The goal of the Rate Study was to establish rates which would be fair to all classes of customers, provide funding to implement planned expansion in both existing northern Pinellas County services area and into the newly acquired southwestern Pasco service area, and provide an adequate growth potential in return to the City of Clearwater to further offset the ad valorem tax rates (current impact is about 0.5 mills). As the result of experiences during the first seven months of the Phase I implementation, adjustments made to the Phase II rates were implemented October 1, 1996, and additional adjustments (Phase III) were implemented effective October 1, 1997. The total projected impact of both new phases of the rate case was $1.05 million, or less than 7.9% of total gas sales revenues. The rate ordinance containing the Phase II and Phase III rate changes was approved by the City Council on June 6, 1996. Gas rates for customer charges were increased effective April 1, 2005. The total estimated annual impact of this rate increase was $373,352. New rates, effective October 1, 2008, were designed to recover the costs of providing service to respective classes of customers. The goal of the “Cost of Service and Rate Study” was to establish rates which would be sufficient to meet Clearwater Gas System’s total revenue requirements and reflect cost of service consideration and practical rate implementation constraints as required. CLEARWATER GAS SYSTEMNATURAL GAS RATE BILLING FACTORSFOR JULY 1, 2021 - SEPTEMBER 30, 2021 BASED ON APPROVED GAS ADJUSTMENT FACTORSInterr. Contract Firm Natural Gas Rate Schedules NG RateNG Rate RS SMF MMF LMF SGS MGS LGS RAC GAC LAC SL SL w/M& NGV NSS IS CNS Relight(Non-Resl) (Non-Resl)Applicable Annual Therm Range NA (1 - NA (4 + NA (4 + NA (4 + 0 - 18,000- 100,000 NA (1 - NA (0 - NA (150 NA NA NA NA 100,000 NA or Other Rate Determinant 3 Units) Units) Units) Units) 17,999 99,999 & up 3 Units)149 tons) tons & +)& upMonthly Customer Charge $14.00 $25.00 $40.00 $95.00 $25.00 $40.00 $95.00 Rate Rate Rate $20.00 $20.00 By Contract $50.00 $250.00 By Contract(For Central Pasco Territory) ($22.00) ($40.00) ($70.00) ($160.00) ($40.00) ($70.00) ($160.00) Suspended Suspended Suspended ($30.00) ($30.00) (By Contract) ($75.00) ($400.00) (By Contract)Reserved forReserved fo Reserved forNon-Fuel Energy Charge/ThermFuture Use Future Use Future UseNon-Fuel Energy Charge $0.44 $0.44 $0.44 $0.44 $0.38 $0.34 $0.30 NA NA NA$0.20 $0.35 By Contract $0.38 $0.24 By ContractEnergy Conservation Adj. (ECA) 0.18 0.18 0.18 0.18 0.18 0.18 0.18 NA NA NANANANA NANANARegulatory Imposition Adj. (RIA) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 NA NANA NA NANA NA NA NAUsage & Inflation Adj. (UIA)0.000.000.000.000.130.130.13NANANANANANANANANATotal Non-Fuel Energy Charge$0.62 $0.62 $0.62 $0.62 $0.69 $0.65 $0.61NA NA NA$0.20 $0.35By Contract$0.38 $0.24By ContractPurchased Gas Adjustment (PGA)0.630.630.630.630.630.630.63NANANA0.630.63By Contract0.630.530.53Total Energy Charge/Therm1.25 1.25 1.25 1.25 1.32 1.28 1.24NA NA NA0.83 0.98By Contract1.01 0.77 0.53+ Non-FuelMinimum Monthly Bill $14.00 $25.00 $40.00 $95.00 $25.00 $40.00 $95.00 NA NA NA $20.00 $20.00 By Contract $50.00 $250.00 Customer(For Central Pasco Territory) ($22.00) ($40.00) ($70.00) ($160.00) ($40.00) ($70.00) ($160.00) ($30.00) ($30.00) (By Contract) ($75.00) ($400.00) Charge ++ FAC + FAC + FAC + FAC + Non-Fuel Therm Non-Fuel ThermRate for Contract Rate for Contract# of Therms # of ThermsCompares to LP/Gallon Rate of 1.14$ 1.14$ 1.14$ 1.14$ 1.21$ 1.17$ 1.13$ NA NA NA0.76$ 0.90$ NA 0.92$ 0.70$ with 6.0% Franchise1.21$ 1.21$ 1.21$ 1.21$ 1.28$ 1.24$ 1.20$ NA NA NA0.81$ 0.95$ NA 0.98$ 0.75$ Utility Tax Note:Fuel Rate per Therm 10/01/1973 $0.069 Fuel Rate pFuel Rate p Fuel Rate peFuel Rate pFuel Rate peFuel Rate peNA NA NA Fuel Rate per Therm Fuel Rate per ThFuel Rate per ThermFuel Rate per The $0.055Fuel Rate per Therm 10/01/1973Non-Utility Taxable Fuel/Therm $0.561 $0.630 $0.630 $0.630 $0.630 $0.630 $0.630 NA NA NA $0.630 $0.630 $0.000 $0.630 $0.475 $0.530BTU FACTOR = THERMS/100 CUBIC FEET (CCF)10/202011/202012/202001/202102/202103/202104/202105/202106/202107/202108/202109/2021FY 20/21 Avg.Firm Service Rates 1.045 1.049 1.047 1.047 1.049 1.047 1.048 1.045 1.0431.045 1.046 1.0471.0465Interruptible Service Rates 1.025 1.029 1.027 1.027 1.029 1.027 1.028 1.025 1.022 1.024 1.026 1.0271.026333333Interruptible Service Rates 1.025 1.026 1.026 1.024 1.024 1.027 1.025 1.027 1.026 1.024 1.0221.025City of Clearwater, FloridaContinuing Disclosure - Gas System Revenue BondsPage 2 of 5Series 2013 and 2014167 Page 3 of 5 Table 1 Breakdown of Transportation Capacity Phase II (FTS-1) Phase III (FTS-2) Total MMBtu Per Day MMBtu Per Day MMBtu Contract Period 2/01/17 - 1/31/27 2/1/14 - 2/28/25 Per Day October 170,438 41,788 212,226 Nov-Mar 1,543,069 268,931 1,812,000 April 216,570 53,430 270,000 May-Sept 711,756 206,244 918,000 Total Annual 2,641,833 570,393 3,212,226 The two natural gas transmission companies that serve within the State of Florida are Florida Gas Transmission (FGT) and Gulfstream. Currently FGT is the sole provider of transportation service to the City. FGT is owned by Citrus Corp. Citrus Corp is owned 50% by Energy Transfer Partners, LLC AND 50% by Kinder Morgan, Inc. FGT is operated by Panhandle Energy, a subsidiary of Energy Transfer Partners. The City joined Florida Gas Utility (FGU) in October 2000 by Resolution 00-35. FGU is responsible for the purchase & management of the City's natural gas supply. An updated All Requirements Gas Service Agreement, which was approved by Resolution 02-02 in January 2002, required the City to purchase 100% of its supply through FGU. FGU was formed through an Interlocal Agreement among its members. The Interlocal Agreement became effective on September 1, 1989 and consisted of five municipal utilities. Over the next several years, additional electric and gas distribution utilities joined FGU, bringing its current membership to 25. In addition, the City has entered into a Gas Supply & Transportation Agreement with Peoples Gas System (PGS), dated 12/02/04, to purchase natural gas to serve customers located in our Central Pasco territory, generally east of the Suncoast Parkway in Pasco County. The City received a letter from FGU Council, dated 8/31/04, granting the City permission to utilize TECO Peoples Gas as a third party gas supplier since FGU is unable and unwilling to provide gas to the City within the meaning of the provisions of Section 3 (a)(i) and (ii) of the All Requirements Gas Service Agreement between the City and FGU. The City has two Firm Transportation Service agreements (FTS-1 & FTS-2) with FGT in order to deliver natural gas to the City's four gate stations. FGU is currently managing the City's Phase II (FTS-1) and Phase III (FTS-2) transportation capacity on a daily basis. Table 1 shows the breakdown of the City's annual gas supply entitlements with FGT. The total annual entitlement is 3,212,226 decatherms of natural gas transportation. City of Clearwater, Florida Continuing Disclosure - Gas System Revenue Bonds Series 2013 and 2014 GAS SUPPLY On August 1, 1990, the Federal Energy Regulatory Commission (FERC) deregulated the natural gas pipeline industry. This allows other natural gas suppliers and local distribution companies, like the City of Clearwater, to transport gas over the Florida Gas Transmission (FGT) pipelines as opposed to purchasing natural gas supply from only FGT. 168 169 Page 4 of 5 City of Clearwater, Florida Continuing Disclosure – Gas System Revenue Bonds Series 2013 and 2014 Service Area The Clearwater Gas System (CGS) is owned and operated as an enterprise utility by the City of Clearwater. CGS operates over 1,055.9 miles of underground gas main and handles the supply and distribution of both natural and propane (LP) gas throughout northern Pinellas County and western Pasco County. As a “full service” gas utility, CGS provides gas appliance sales, installation of inside customer gas piping, domestic and commercial gas equipment service, construction and maintenance of underground gas mains and service lines, and 24-hour response to any gas emergency within the service area. The Florida Public Service Commission and the Federal Department of Transportation regulate CGS for safety. CGS has been serving customers in the Clearwater area for over 98 years (since 1923) when operations began with a manufactured gas plant operation from coal and coke. In 1959, when natural gas transmission lines were finally extended to the Florida peninsula, CGS discontinued manufacturing gas and began receiving piped natural gas from Florida Gas Transmission. Clearwater Gas System serves over 29,006 customers in a 330 square mile service territory, which includes 20 municipalities as well as the unincorporated areas of northern Pinellas County and western Pasco County. The Pinellas County service territory is 158 square miles and extends generally from Ulmerton and Walsingham Roads on the south to the Pasco County line on the north and from the Gulf of Mexico on the West to the Hillsborough County line on the east. This includes all of the Pinellas beach communities south to Redington Beach. The Pasco County service territory is 172 square miles and extends from the Gulf of Mexico on the West inland about 20 miles to just east of State Road 41 and Land O’ Lakes and from the Pinellas and Hillsborough County lines on the South to generally State Road 52 on the north. The CGS service territory extends 42.3 miles from the southwestern-most to the northwestern-most points. Clearwater Gas System prides itself in being a competitive and public service-minded utility, providing safe, economical and environmentally-friendly gas, which is made in America, available in our communities for all of the homes and businesses in our service area, with special focus on the residential customers who make up 91% of our customer base. Page 5 of 5 City of Clearwater, Florida Continuing Disclosure - Gas System Revenue Bonds Series 2013 and 2014 Location Meters Percentage Belleair 581 2.08% Belleair Beach 263 0.94% Belleair Bluffs 49 0.18% Belleair Shores 35 0.13% Clearwater 7,667 27.39% Dunedin 1,578 5.64% Indian Rocks Beach 197 0.70% Indian Shores 157 0.56% Largo 1,193 4.26% Madeira Beach 1 0.00% New Port Richey 82 0.29% North Redington Beach 82 0.29% Oldsmar 157 0.56% Port Richey 17 0.06% Redington Beach 216 0.77% Redington Shores 107 0.38% Safety Harbor 751 2.68% Tarpon Springs 1,647 5.88% Unincorporated Areas Pasco 6,199 22.14% Central Pasco 3,519 12.57% Unincorporated Areas Pinellas 3,499 12.50% Total 27,997 100.00% Peak Monthly % of Gross Customer Name Therms Revenues Ajax Paving Industries 185,489.8 2.20% CNG Filling Station 73,154.5 1.90% New Port Richey Hospital Inc 77,048.6 1.83% Morton Plant Hospital 107,473.5 1.72% Mease Hospital 83,669.7 1.43% Average No. Gas Gas Customers Volume Sales Interruptible (including CNG Station) 20 30.76% 15.12% Residential 25,425 18.73% 31.80% Commercial (excluding CNG Station) 2,552 50.51% 53.09% Therms Revenues Interruptible (including CNG Station) 8,176,379.4 5,141,395$ Residential 4,977,703.8 10,814,781 Commercial (excluding CNG Station) 13,427,392.6 18,054,998 Totals 26,581,475.8 34,011,174$ As of September 30, 2020 the System's active natural gas customers were located as shown in the following table: The following table shows the five largest interruptible customers by peak monthly consumption and the percent of the System's revenues derived from such customers during the 12 months ending September 30, 2021: The following table shows the breakdown of the System's customers by category as well as the volume of gas sold and the sales revenues generated by each category for the year ended September 30, 2021: 170 171 Page 1 of 3 City of Clearwater, Florida Continuing Disclosure – Water and Sewer Revenue Refunding Bonds Series 2011, 2017, 2017B and 2020 Historical Financial Information Water System: Source and Volume of Water Pumped (in million gallons per day, averaged over the fiscal year) FY City Wells County Total 2017 6.8 5.1 11.9 2018 6.4 5.0 11.4 2019 6.9 4.3 11.2 2020 7.7 4.2 11.9 2021 6.7 5.0 11.7 Historical Growth in Number of Water Customers (all figures are as of September of the year indicated) Potable Reclaimed Total Water Water Water Service Service Service FY Customers Customers Customers 2017 37,598 7,677 45,275 2018 37,773 7,713 45,486 2019 37,848 7,739 45,587 2020 37,951 7,809 45,760 2021 38,244 7,843 46,087 Ten Largest Water Customers Fiscal Year Ending September 30, 2021 Water Used Revenues Name of User (in 100 Cubic Feet) Produced 1. CITY OF CLEARWATER 84,481 1,336,490$ 2. CHURCH OF SCIENTOLOGY 134,696 1,089,295 3. MORTON PLANT HOSPITAL 106,764 1,067,813 4. INFINITY THE STANDARD 62,603 538,666 5. PINELLAS COUNTY SCHOOLS 30,844 479,008 6. THE SANDPEARL RESORT 45,032 329,217 7. PINELLAS COUNTY GOVERNMENT 16,678 324,956 8. CLEARWATER ACQUISITIONS I 33,272 258,731 9. K&P CLEARWATER ESTATE (Wyndham) 27,352 253,728 10. CP CLEARWATER (Hilton) 31,624 211,041 573,346 5,888,945$ Reclaimed Water System: Average Daily Flow Year MGD 2017 6.4 2018 5.5 2019 5.7 2020 6.1 2021 5.5 172 Page 2 of 3 City of Clearwater, Florida Continuing Disclosure – Water and Sewer Revenue Refunding Bonds Series 2011, 2017, 2017B and 2020 Sewer System: Average Sewage Flow and Historical Growth in Number of Sewer Customers (as of September of the year indicated) Sewer Year Flow in MGD Customers 2017 12.5 33,947 2018 12.5 34,111 2019 12.8 34,183 2020 12.7 34,442 2021 12.2 34,654 Ten Largest Sewer Customers Fiscal Year Ending September 30, 2021 Sewer Used Revenues Name of User (in 100 Cubic Feet) Produced 1. MORTON PLANT HOSPITAL 84,970 938,211$ 2. CHURCH OF SCIENTOLOGY 100,166 870,807 3. CITY OF CLEARWATER 36,839 791,491 4. PINELLAS COUNTY SCHOOLS 29,406 599,866 5. PINELLAS COUNTY GOVERNMENT 62,603 522,833 6. CCRC-REGENCY OAKS 45,032 373,868 7. SHERATON SAND KEY 33,272 293,486 8. CP CLEARWATER (Hilton) 31,623 275,012 9. MADISON PLACE CLEARWATER 27,352 264,456 10. BW CW HOSPITALITY (Hyatt) 25,749 252,797 477,012 5,182,827$ Rates, Fees and Charges The City uses a three-tiered rate structure for water and sewer usage. The base rate for water includes a minimum usage for residential and nonresidential water rates. Any usage over the minimum is billed at one rate per 1,000 gallons up to a designated level and at a second rate for usage over that level. For irrigation, there is a base rate, with no usage allowance, and a charge per 1,000 gallons of water usage up to a designated level and a higher charge for usage over that amount. The sewer base rate includes a minimum usage and a fixed charge per 1,000 gallons of water usage over the basic allowance. The minimum usage and second and third tier usage levels vary with the size of the meters. For fiscal year 2021 there were no changes to the three-tiered rate structure for water or sewer usage. 173 Page 3 of 3 City of Clearwater, Florida Continuing Disclosure – Water and Sewer Revenue Refunding Bonds Series 2011, 2017, 2017B and 2020 Residential and October 1, October 1, October 1, October 1, October 1, Nonresidential Water Rates 2017 2018 2019 2020 2021 Minimum - Under 1 inch 21.42$ 22.29$ 23.16$ 24.09$ 25.05$ 1 inch 49.98 52.01 54.04 56.21 58.45 1.5 inch 714.00 743.00 772.00 803.00 835.00 2 inch 1,663.62 1,731.19 1,798.76 1,870.99 1,945.55 3 or 2 inch manifold 2,563.26 2,667.37 2,771.48 2,882.77 2,997.65 4 inch 4,933.74 5,134.13 5,334.52 5,548.73 5,769.85 6 inch 12,673.50 13,188.25 13,703.00 14,253.25 14,821.25 8 inch 21,420.00 22,290.00 23,160.00 24,090.00 25,050.00 Additional charges are assessed for usage in excess of designated minimums. Size of Meter Rates for Irrigation October 1, October 1, October 1, October 1, October 1, (Lawn) Meters 2017 2018 2019 2020 2021 Minimum - Under 1 inch 7.64$ 7.94$ 8.26$ 8.59$ 8.94$ 1 inch 22.93 23.85 24.80 25.79 26.82 1.5 inch 114.72 119.31 124.08 129.04 134.20 2 inch 321.22 334.06 347.43 361.32 375.78 3 or 2 inch manifold 634.76 660.15 686.56 714.02 742.58 4 inch 1,223.65 1,272.60 1,323.50 1,376.44 1,431.50 6 inch 3,693.90 3,841.65 3,995.32 4,155.13 4,321.34 Size of Meter October 1, October 1, October 1, October 1, October 1, Sewer Rates 2017 2018 2019 2020 2021 Minimum - Under 1 inch 29.49$ 30.66$ 31.89$ 33.18$ 34.50$ 1 inch 68.81 71.54 74.41 77.42 80.50 1.5 inch 983.00 1,022.00 1,063.00 1,106.00 1,150.00 2 inch 2,290.39 2,381.26 2,476.79 2,576.98 2,679.50 3 or 2 inch manifold 3,528.97 3,668.98 3,816.17 3,970.54 4,128.50 4 inch 6,792.53 7,062.02 7,345.33 7,642.46 7,946.50 6 inch 17,448.25 18,140.50 18,868.25 19,631.50 20,412.50 8 inch 29,490.00 30,660.00 31,890.00 33,180.00 34,500.00 Per 1,000 gallons of water used over the allowed minimum 9.83 10.22 10.63 11.06 11.50 Size of Meter Additional Indebtedness No additional indebtedness was incurred for capital improvements to the water and sewer systems, or for the lease purchase of capital equipment. 174 Page 1 of 1 City of Clearwater, Florida Continuing Disclosure – Stormwater System Revenue Refunding Bonds Series 2012 and 2013 Rates, Fees, and Charges The City uses a measurement of one equivalent residential unit or ERU as the basis for the stormwater management utility fee. The rates per ERU from the inception of the utility are as follows: Effective Date Rate per ERU Effective Date Rate per ERU January 1, 1991 $3.00 October 1, 2009 $11.80 October 1, 1998 4.00 October 1, 2010 12.51 October 1, 1999 4.17 October 1, 2011 13.04 October 1, 2000 4.35 October 1, 2012 13.40 October 1, 2001 4.54 October 1, 2013 13.77 January 1, 2002 6.13 October 1, 2014 14.15 October 1, 2002 7.16 October 1, 2015 14.33 October 1, 2003 8.01 October 1, 2016 14.51 October 1, 2004 8.65 October 1, 2017 14.58 October 1, 2005 9.35 October 1, 2018 14.65 October 1, 2006 9.71 October 1, 2019 13.40 October 1, 2007 10.51 October 1, 2020 13.40 October 1, 2008 11.14 October 1, 2021 13.40 Single-family homes, multifamily units, condominium units, apartments and mobile homes are rated as one ERU per dwelling unit. Nonresidential property is charged at the rate of 1,830 square feet of impervious area per ERU. HISTORICAL NET REVENUES 2017 2018 2019 2020 2021 Net Operating Revenues (Excluding Depreciation) 9,528,117$ 10,611,921$ 11,721,958$ 9,090,521$ 8,669,978$ Interest Income and other Non-operating Revenues (Expenses) 114,729 (4,642) 1,786,699 804,165 (164,421) Total Net Revenues 9,642,846$ 10,607,279$ 13,508,657$ 9,894,686$ 8,505,557$ Maximum Annual Debt Service 2,568,762$ 2,568,762$ 2,568,762$ 2,175,028$ 2,175,028$ Coverage 3.75 4.13 5.26 4.55 3.91 175 City of Clearwater, Florida Fire Services Program Pursuant to agreements between the City of Clearwater, the Pinellas County Fire Authority and the Pinellas County Emergency Medical Services Authority, the City has provided fire and emergency medical services to the respective authorities. With respect to fire services, the services are provided for the benefit of properties located outside the corporate limits of the City, but within a designated service area. Emergency medical services are provided for the benefit of persons residing both inside and outside the corporate limits of the City, based on the Authority's nearest unit dispatch policy. With respect to the Fire Services Program, a budget was prepared by Fire Department personnel covering proposed expenditures for fiscal year ending September 30, 2021, for the Fire Department as a whole. Since the funding for the Emergency Medical Services Program is based on the level fixed in prior years, the Fire Services Program budget is essentially the residual obtained by deducting the approved level of funding for the Emergency Medical Services Program from the budgeted amounts included in the total Fire Department budget. This budget was submitted to, and duly approved by, the relevant Authority prior to the commencement of the fiscal year. Income received from Pinellas County Fire Protection Authority and valid program expenditures for the Fire Services Program for the fiscal year ended September 30, 2021 are summarized below. Total Revenue Received from Pinellas County Fire Protection Authority 2,347,737$ Total Fire Service Expenditures for Fiscal Year Ended September 30, 2021 2,480,129$ The Fire Service Program does not currently utilize an equipment reserve. Amount Amount Received Expended in the in the 2014-15 2020-21 Source Fiscal Year Fiscal Year British Petroleum: Agreement No. Not Applicable $6,480,352 $3,088,103 City of Clearwater, Florida Note: This does not include funds related to the Deepwater Horizon Oil Spill that are considered Federal awards or State financial assistance. The City did not receive funds that were considered Federal funds or State financial assistance related to the Deepwater Horizon Oil Spill. Schedule of Receipts and Expenditures of Funds Related to the For the Fiscal Year Ended September 30, 2021 Deepwater Horizon Oil Spill 176 177 Single Audit / Grants Compliance 178 This Page Intentionally Left Blank Carr, Riggs & Ingram, LLC 600 Cleveland Street Suite 1000 Clearwater, FL 33755 727.446.0504 727.461.7384 (fax) CRIcpa.com INDEPENDENTAUDITORS’REPORTONINTERNALCONTROLOVER FINANCIALREPORTINGANDONCOMPLIANCEANDOTHERMATTERS BASEDONANAUDITOFFINANCIALSTATEMENTSPERFORMEDIN ACCORDANCEWITHGOVERNMENTAUDITINGSTANDARDS TotheHonorableMayorandCityCouncilMembers CityofClearwater,Florida Wehaveaudited,inaccordancewiththeauditingstandardsgenerallyacceptedintheUnitedStatesofAmerica andthestandardsapplicabletofinancialauditscontainedinGovernmentAuditingStandardsissuedbythe ComptrollerGeneraloftheUnitedStates,thefinancialstatementsofthegovernmentalactivities,thebusinessͲ typeactivities,eachmajorfund,andtheaggregateremainingfundinformationoftheCityofClearwater,Florida (the“City”),asofandfortheyearendedSeptember30,2021,andtherelatednotestothefinancialstatements, whichcollectivelycomprisetheCity’sbasicfinancialstatementsandhaveissuedourreportthereondatedMarch 31,2022.WehavealsoauditedthefinancialstatementsofeachoftheCity’snonmajorgovernmentalfunds, nonmajorenterprisefunds,internalservicefunds,andfiduciaryfundspresentedassupplementaryinformation intheaccompanyingcombiningandindividualfundstatementsasofandfortheyearendedSeptember30,2021, aslistedinthetableofcontents. InternalControloverFinancialReporting Inplanningandperformingourauditofthefinancialstatements,weconsideredtheCity’sinternalcontrolover financialreporting(internalcontrol)asabasisfordesigningauditproceduresthatareappropriateinthe circumstancesforthepurposeofexpressingouropinionsonthefinancialstatements,butnotforthepurposeof expressinganopinionontheeffectivenessofCity’sinternalcontrol.Accordingly,wedonotexpressanopinionon theeffectivenessoftheCity’sinternalcontrol. Adeficiencyininternalcontrolexistswhenthedesignoroperationofacontroldoesnotallowmanagementor employees,inthenormalcourseofperformingtheirassignedfunctions,toprevent,ordetectandcorrect, misstatementsonatimelybasis.Amaterialweaknessisadeficiency,oracombinationofdeficiencies,ininternal controlsuchthatthereisareasonablepossibilitythatamaterialmisstatementoftheentity’sfinancialstatements willnotbeprevented,ordetectedandcorrected,onatimelybasis.Asignificantdeficiencyisadeficiency,ora combinationofdeficiencies,ininternalcontrolthatislessseverethanamaterialweakness,yetimportantenough tomeritattentionbythosechargedwithgovernance. Ourconsiderationofinternalcontrolwasforthelimitedpurposedescribedinthefirstparagraphofthissection andwasnotdesignedtoidentifyalldeficienciesininternalcontrolthatmightbematerialweaknessesor significantdeficiencies.Giventheselimitations,duringthecourseofourauditwedidnotidentifyanydeficiencies ininternalcontrolthatweconsidertobematerialweaknesses.However,materialweaknessesmayexistthat havenotbeenidentified. ComplianceandOtherMatters AspartofobtainingreasonableassuranceaboutwhethertheCity’sfinancialstatementsarefreefrommaterial misstatement,weperformedtestsofitscompliancewithcertainprovisionsoflaws,regulations,contracts,and grantagreements,noncompliancewithwhichcouldhaveadirectandmaterialeffectonthefinancialstatements. However,providinganopiniononcompliancewiththoseprovisionswasnotanobjectiveofouraudit,and accordingly,wedonotexpresssuchanopinion.Theresultsofourtestsdisclosednoinstancesofnoncompliance orothermattersthatarerequiredtobereportedunderGovernmentAuditingStandards. 179 PurposeofthisReport Thepurposeofthisreportissolelytodescribethescopeofourtestingofinternalcontrolandcomplianceandthe resultsofthattesting,andnottoprovideanopinionontheeffectivenessoftheentity’sinternalcontroloron compliance.ThisreportisanintegralpartofanauditperformedinaccordancewithGovernmentAuditing Standardsinconsideringtheentity’sinternalcontrolandcompliance.Accordingly,thiscommunicationisnot suitableforanyotherpurpose. CARR,RIGGS&INGRAM,LLC Clearwater,Florida March31,2022 180 Carr, Riggs & Ingram, LLC 600 Cleveland Street Suite 1000 Clearwater, FL 33755 727.446.0504 727.461.7384 (fax) CRIcpa.com INDEPENDENTAUDITORS’REPORTONCOMPLIANCEFOREACHMAJOR PROGRAMANDONINTERNALCONTROLOVERCOMPLIANCEREQUIREDBYTHE UNIFORMGUIDANCEANDCHAPTER10.550,RULESOFTHEAUDITORGENERAL TotheHonorableMayorandCityCouncilMembers CityofClearwater,Florida ReportonComplianceforEachMajorFederalProgramandStateProject WehaveauditedtheCityofClearwater,Florida’s(the“City”)compliancewiththetypesofcompliance requirementsdescribedintheOMBComplianceSupplementandtherequirementsdescribedintheDepartment ofFinancialServices’StateProjectsComplianceSupplementthatcouldhaveadirectandmaterialeffectoneach oftheCity’smajorfederalprogramsandstateprojectsfortheyearendedSeptember30,2021.TheCity’smajor federalprogramsandstateprojectsareidentifiedinthesummaryofauditor’sresultssectionofthe accompanyingscheduleoffindingsandquestionedcosts. Management’sResponsibility Managementisresponsibleforcompliancewithfederalandstatestatutes,regulations,andthetermsand conditionsofitsfederalandstateawardsapplicabletoitsfederalprogramsandstateprojects. Auditors’Responsibility OurresponsibilityistoexpressanopiniononcomplianceforeachoftheCity’smajorfederalprogramsandstate projectsbasedonourauditofthetypesofcompliancerequirementsreferredtoabove.Weconductedouraudit ofcomplianceinaccordancewithauditingstandardsgenerallyacceptedintheUnitedStatesofAmerica;the standardsapplicabletofinancialauditscontainedinGovernmentAuditingStandards,issuedbytheComptroller GeneraloftheUnitedStates;andtheauditrequirementsofTitle2U.S.CodeofFederalRegulationsPart200, UniformAdministrativeRequirements,CostPrinciples,andAuditRequirementsforFederalAwards(Uniform Guidance);andChapter10.550,RulesoftheAuditorGeneral,FloridaSingleAuditActAudits–LocalGovernment Entities.ThosestandardsandtheUniformGuidanceandChapter10.550,requirethatweplanandperformthe audittoobtainreasonableassuranceaboutwhethernoncompliancewiththetypesofcompliancerequirements referredtoabovethatcouldhaveadirectandmaterialeffectonamajorfederalprogramorstateproject occurred.Anauditincludesexamining,onatestbasis,evidenceabouttheCity’scompliancewiththose requirementsandperformingsuchotherproceduresasweconsiderednecessaryinthecircumstances. Webelievethatourauditprovidesareasonablebasisforouropiniononcomplianceforeachmajorfederal programandstateproject.However,ourauditdoesnotprovidealegaldeterminationoftheCity’scompliance. OpiniononEachMajorFederalProgramandStateProject Inouropinion,theCitycomplied,inallmaterialrespects,withthetypesofcompliancerequirementsreferredto abovethatcouldhaveadirectandmaterialeffectoneachofitsmajorfederalprogramsandstateprojectsfor theyearendedSeptember30,2021. ReportonInternalControloverCompliance ManagementoftheCityisresponsibleforestablishingandmaintainingeffectiveinternalcontrolover compliancewiththetypesofcompliancerequirementsreferredtoabove.Inplanningandperformingouraudit ofcompliance,weconsideredtheCity’sinternalcontrolovercompliancewiththetypesofrequirementsthat couldhaveadirectandmaterialeffectoneachmajorfederalprogramandstateprojecttodeterminethe auditingproceduresthatareappropriateinthecircumstancesforthepurposeofexpressinganopinionon 181 complianceforeachmajorfederalprogramandstateprojectandtotestandreportoninternalcontrolover complianceinaccordancewiththeUniformGuidanceandChapter10.550,butnotforthepurposeofexpressing anopinionontheeffectivenessofinternalcontrolovercompliance.Accordingly,wedonotexpressanopinion ontheeffectivenessoftheCity’sinternalcontrolovercompliance. Adeficiencyininternalcontrolovercomplianceexistswhenthedesignoroperationofacontrolovercompliance doesnotallowmanagementoremployees,inthenormalcourseofperformingtheirassignedfunctions,to prevent,ordetectandcorrect,noncompliancewithatypeofcompliancerequirementofafederalprogramor stateprojectonatimelybasis.Amaterialweaknessininternalcontrolovercomplianceisadeficiency,ora combinationofdeficiencies,ininternalcontrolovercompliance,suchthatthereisareasonablepossibilitythat materialnoncompliancewithatypeofcompliancerequirementofafederalprogramwillnotbeprevented,or detectedandcorrected,onatimelybasis.Asignificantdeficiencyininternalcontrolovercomplianceisa deficiency,oracombinationofdeficiencies,ininternalcontrolovercompliancewithatypeofcompliance requirementofafederalprogramthatislessseverethanamaterialweaknessininternalcontrolover compliance,yetimportantenoughtomeritattentionbythosechargedwithgovernance. Ourconsiderationofinternalcontrolovercompliancewasforthelimitedpurposedescribedinthefirst paragraphofthissectionandwasnotdesignedtoidentifyalldeficienciesininternalcontrolovercompliance thatmightbematerialweaknessesorsignificantdeficienciesandtherefore,materialweaknessesorsignificant deficienciesmayexistthathavenotbeenidentified.Wedidnotidentifyanydeficienciesininternalcontrolover compliancethatweconsidertobematerialweaknesses.However,materialweaknessesmayexistthathavenot beenidentified. Thepurposeofthisreportoninternalcontrolovercomplianceissolelytodescribethescopeofourtestingof internalcontrolovercomplianceandtheresultsofthattestingbasedontherequirementsoftheUniform GuidanceandChapter10.550.Accordingly,thisreportisnotsuitableforanyotherpurpose. CARR,RIGGS&INGRAM,LLC Clearwater,Florida March31,2022 182 Federal Grantor / Assistance Federal Pass‐through Grantor / Listing Share of Transfers to Program Title Number Grant I.D. Number Expenditures Subrecipients FEDERAL AWARDS U.S. Department of Housing and Urban Development Community Development Block Grant ‐ Entitlement ‐ 2017 14.218 B‐17‐MC‐12‐0002 13,547$ 12,627$ Community Development Block Grant ‐ Entitlement ‐ 2018 14.218 B‐18‐MC‐12‐0002 42,208 34,308 Community Development Block Grant ‐ Entitlement ‐ 2019 14.218 B‐19‐MC‐12‐0002 191,845 97,226 COVID 19 ‐ Community Development Block Grant ‐ Entitlement ‐ 2020 14.218 B‐20‐MW‐12‐0002 72,280 57,016 Community Development Block Grant ‐ Entitlement ‐ 2020 14.218 B‐20‐MC‐12‐0002 69,312 3,050 Neighborhood Stabilization Program 3 14.218 Program Income 580,831 498,100 Total Community Development Block Grants/Entitlement Grants Cluster 970,023 702,327 Home Investment Partnerships Program 14.239 M‐15‐MC‐12‐0230 35,484 35,484 Home Investment Partnerships Program 14.239 M‐20‐MC‐12‐0230 82,470 4,500 Home Investment Partnerships Program 14.239 Program Income 74,791 74,516 Total Home Investment Partnerships Program 192,745 114,500 Total U.S. Department of Housing and Urban Development 1,162,768 816,827 U.S. Department of Justice Passed through Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Program 16.738 2020‐DJ‐BX‐0821 39,296 ‐ Equitable Sharing Program 16.922 FL0520300 51,465 ‐ Total U.S. Department of Justice 90,761 ‐ U.S. Department of Transportation Passed through Florida Department of Transportation Highway Planning and Construction Cluster 20.205 G1B36 56,882 ‐ Total U.S. Department of Transportation 56,882 ‐ U.S. Department of Treasury Passed through the Florida Housing Finance Corporation COVID 19 ‐ Coronavirus Relief Fund 21.019 106‐2020 720,641 ‐ Passed through Pinellas County, Florida COVID 19 ‐ Coronavirus Relief Fund 21.019 CARES 1,980,740 ‐ Total COVID‐19 Coronavirus Relief Fund 2,701,381 ‐ Passed through Florida Department of Law Enforcement Equitable Sharing Program 21.016 FL0520300 30,000 ‐ Total U.S. Department of Treasury 2,731,381 ‐ U.S. Department of Homeland Securities Passed through the Florida Division of Emergency Management Disaster Grants ‐ Public Assistance (Presidentially Declared Disasters)97.036 Hurricane Irma 1,371,526 Total U.S. Department of Homeland Securities 1,371,526 ‐ TOTAL EXPENDITURES OF FEDERAL AWARDS 5,413,318$ 816,827$ City of Clearwater, Florida Schedule of Expenditures of Federal Awards and State Financial Assistance Projects For the Year Ended September 30, 2021 183 State Grantor / State Pass‐through Grantor / CSFA Share of Transfers to Program Title Number Grant I.D. Number Expenditures Subrecipients STATE FINANCIAL ASSISTANCE Florida Housing Finance Corporation State Housing Initiative Partnership Program (SHIP)40.901 N/A 197,601$ ‐$ Total Florida Housing Finance Corporation 197,601 ‐ Florida Department of Transportation Aviation Grant Programs 55.004 G0Y92 681,798 ‐ Aviation Grant Programs 55.004 G1K66 51,618 ‐ Aviation Grant Programs 55.004 G1K66 24,538 ‐ Total Florida Department of Transportation 757,954 ‐ Florida Department of Economic Opportunity Economic Development Partnerships 40.040 N/A 500,004 ‐ Total Florida Department of Economic Opportunity 500,004 ‐ Florida Department of Law Enforcement Assistance with Investigative Operations 71.010 Z4011 1,293 ‐ Total Federal Department of Law Enforcement 1,293 ‐ TOTAL EXPENDITURES OF STATE FINANCIAL ASSISTANCE 1,456,852$ ‐$ TOTAL EXPENDITURES OF FEDERAL AWARDS AND STATE FINANCIAL ASSISTANCE 6,870,170$ 816,827$ City of Clearwater, Florida Schedule of Expenditures of Federal Awards and State Financial Assistance Projects ‐ Continued For the Year Ended September 30, 2021 184 185 City of Clearwater, Florida Notes to Schedule of Expenditures of Federal Awards and State Financial Assistance Projects For the Year Ended September 30, 2021 NOTE 1 – Basis of Presentation (a) Reporting Entity The accompanying Schedule of Expenditures of Federal Awards and State Financial Assistance Projects (“Schedule”) presents the activity of all federal financial and state grant activity projects of the City of Clearwater, Florida (the “City”). Federal and state financial assistance received directly from federal and state agencies, and federal financial assistance passed through other governmental agencies are included on the schedules. The information in this schedule is presented in accordance with the requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance) and Chapter 10.550. (b) Disaster Grants – Public Assistance (Presidentially Declared Disaster) (97.036) After a Presidentially Declared Disaster, the Federal Emergency Management Agency (FEMA) provides a Public Assistance Grant to reimburse eligible costs associated with emergency response, debris removal, and eligible costs associated with repair, replacement, or restoration of disaster- damaged facilities. The Federal Government reimburses in the form of cost-shared grants. During fiscal 2021, FEMA approved $1,371,526 of eligible expenditures that were incurred in prior years and are included in the Schedule. NOTE 2 – Basis of Accounting The accompanying Schedule of Expenditures of Federal Awards and State Financial Assistance Projects is presented using the modified accrual or accrual basis of accounting, depending on the type of fund in which the grant is recorded, as described in Note I.C. to the City’s basic financial statements. NOTE 3 – ALN/CSFA Numbers ALN numbers represent Assistance Living Numbers and apply only to federal awards. CSFA numbers represent Catalog of State Financial Assistance and apply only to state financial assistance. NOTE 4 – Subrecipients Of the federal and state expenditures presented in the Schedule, the City provided federal and state awards to subrecipients as follows: Federal ALN/ Amount Provided Program Title State CFSA To Subrecipients U.S. HUD Community Development Block Grant 14.218 $702,327 U.S. HUD Home Investment Partnerships Program 14.239 $114,500 186 City of Clearwater, Florida Notes to Schedule of Expenditures of Federal Awards and State Financial Assistance Projects For the Year Ended September 30, 2021 NOTE 5 – Loans Outstanding The current year additions related to the loans are included in the Schedule of Expenditures of Federal Awards and State Financial Assistance Projects. The City had the following loan balances outstanding, net of $11,464,061 allowance for uncollectable accounts, at September 30, 2021: 14.218 Community Development Block Grant $ 722,927 14.239 Home Investment Partnership Program 1,487,394 40.901 State Housing Initiative Partnership 1,919,656 $ 4,129,977 NOTE 6 – Indirect Cost Rate The City did not utilize the 10% de minimis indirect cost rates for reimbursement of grant expenditures for the fiscal year ended September 30, 2021. CITY OF CLEARWATER, FLORIDA SCHEDULE OF FINDINGS AND QUESTIONED COSTS Year Ended September 30, 2021 _____________________________________________________________________________________ SECTION I – SUMMARY OF AUDITORS’ RESULTS Financial Statements: 1. Type of auditors’ report issued Unmodified 2. Internal control over financial reporting: a. Material weaknesses identified? None b. Significant deficiencies identified not considered to be material weaknesses? None noted c. Noncompliance material to the financial statements noted? None Federal Awards: 1. Type of auditors’ report issued on compliance for major programs Unmodified 2. Internal control over major programs: a. Material weaknesses identified? None b. Significant deficiencies identified not considered to be material weaknesses? None noted 3. Any audit findings disclosed that are required to be reported in accordance with 2CFR section 200.516(a)? None 4. Identification of major programs: Assistance Listing Number Program 21.019 COVID‐19 Coronavirus Relief Fund 5. Dollar threshold used to distinguish between type A and type B programs: $750,000 6. Auditee qualified as low‐risk auditee under 2 CFR 200.520? No State Awards: 1. Type of auditors’ report issued on compliance for major programs Unmodified 2. Internal control over major programs: a. Material weaknesses identified? None b. Significant deficiencies identified not considered to be material weaknesses? None noted 3. Any audit findings disclosed that are required to be reported in accordance with Rule 10.554(1)(l)(4)? None 4. Identification of major projects: CSFA Number Project 55.004 Aviation Grant Programs 40.040 Economic Development Partnerships 5. Dollar threshold used to distinguish between type A and type B programs: $437,056 187 CITY OF CLEARWATER, FLORIDA SCHEDULE OF FINDINGS AND QUESTIONED COSTS (CONTINUED) Year Ended September 30, 2021 _____________________________________________________________________________________ SECTION II – FINANCIAL STATEMENT FINDINGS None noted SECTION III – FEDERAL AWARD FINDINGS None noted SECTION IV – SUMMARY OF PRIOR YEAR AUDIT FINDINGS Finding Number Area / Program Description Status 2020‐001 Financial Statement Findings ‐ Financial Reporting The 2019 fund balances, end of year and deferred inflows were inaccurately reported for mortgage loan activity resulting in a prior period adjustment. Corrected 2020‐002 Federal Award and State Project Findings – ALN 21.019 Coronavirus Relief Fund CSFA 40.901 State Housing Partnership Program Review of employee time charged to CFDA 20.019 and CSFA 40.901 was not consistently documented. Corrected 188 Carr, Riggs & Ingram, LLC 600 Cleveland Street Suite 1000 Clearwater, FL 33755 727.446.0504 727.461.7384 (fax) CRIcpa.com MANAGEMENTLETTER TotheHonorableMayorandCityCouncilMembers CityofClearwater,Florida ReportontheFinancialStatements WehaveauditedthefinancialstatementsoftheCityofClearwater,Florida(the"City"),asofandfor thefiscalyearendedSeptember30,2021,andhaveissuedourreportthereondatedMarch31,2022. Auditors’Responsibility WeconductedourauditinaccordancewithauditingstandardsgenerallyacceptedintheUnitedStates ofAmerica;thestandardsapplicabletofinancialauditscontainedinGovernmentAuditingStandards, issuedbytheComptrollerGeneraloftheUnitedStates;theauditrequirementsofTitle2U.S.Codeof FederalRegulationsPart200,UniformAdministrativeRequirements,CostPrinciples,andAudit RequirementsforFederalAwards(UniformGuidance);andChapter10.550,RulesoftheAuditor General. OtherReportingRequirements WehaveissuedourIndependentAuditors’ReportonInternalControloverFinancialReportingandon ComplianceandOtherMattersBasedonanAuditoftheFinancialStatementsPerformedinAccordance withGovernmentAuditingStandards;IndependentAuditors’ReportonComplianceforEachMajor FederalProgramandStateProjectandReportonInternalControloverCompliance;Scheduleof FindingsandQuestionedCosts;andIndependentAccountants’Reportonanexaminationconductedin accordancewithAICPAProfessionalStandards,ATͲCSection315,regardingcompliancerequirementsin accordancewithChapter10.550,RulesoftheAuditorGeneral.Disclosuresinthosereportsand schedule,whicharedatedMarch31,2022,shouldbeconsideredinconjunctionwiththismanagement letter. PriorAuditFindings Section10.554(1)(i)1.,RulesoftheAuditorGeneral,requiresthatwedeterminewhetherornot correctiveactionshavebeentakentoaddressfindingsandrecommendationsmadeinthepreceding annualfinancialauditreport.Correctiveactionhasbeentakentoaddressfindingsand recommendationsmadeintheprecedingannualfinancialreport. FinancialConditionandManagement Section10.554(1)(i)5.a.and10.556(7),RulesoftheAuditorGeneral,requireustoapplyappropriate proceduresandcommunicatetheresultsofourdeterminationastowhetherornottheCityhasmetone ofmoreoftheconditionsdescribedinSection218.503(1),FloridaStatutes,andtoidentifythespecific conditionsmet.Inconnectionwithouraudit,wedeterminedthattheCitydidnotmeetanyofthe conditionsdescribedinSection218.503(1),FloridaStatutes. 189 PursuanttoSections10.554(1)(i)5.b.and10.556(8),RulesoftheAuditorGeneral,weappliedfinancial conditionassessmentprocedures.Itismanagement’sresponsibilitytomonitortheCity’sfinancial condition,andourfinancialconditionassessmentwasbasedinpartonrepresentationsmadeby managementandthereviewoffinancialinformationprovidedbysame. Section10.554(1)(i)2.,RulesoftheAuditorGeneral,requiresthatwecommunicateany recommendationstoimprovefinancialmanagement.Inconnectionwithouraudit,wedonothaveany suchrecommendations. AdditionalMatters Section10.554(1)(i)3.,RulesoftheAuditorGeneral,requiresustocommunicatenoncompliancewith provisionsofcontractsorgrantagreements,orabuse,thathaveoccurred,orarelikelytohave occurred,thathaveaneffectonthefinancialstatementsthatislessthanmaterialbutwarrantsthe attentionofthosechargedwithgovernance.Inconnectionwithouraudit,weidentifiedacontrol deficiencyrelatedtoreviewofreportssubmittedtograntingagencies.WerecommendtheCity implementrevisedpoliciesandprocedurestoensurereviewofallreportssubmittedtogranting agenciesaredocumented. PurposeofthisLetter OurmanagementletterisintendedsolelyfortheinformationanduseoftheLegislativeAuditing Committee,membersoftheFloridaSenateandtheFloridaHouseofRepresentatives,theFlorida AuditorGeneral,Federalandothergrantingagencies,andapplicablemanagement,andisnotintended tobeandshouldnotbeusedbyanyoneotherthanthesespecifiedparties. CARR,RIGGS&INGRAM,LLC Clearwater,Florida March31,2022 190 Carr, Riggs & Ingram, LLC 600 Cleveland Street Suite 1000 Clearwater, FL 33755 727.446.0504 727.461.7384 (fax) CRIcpa.com INDEPENDENTACCOUNTANTS’REPORTONCOMPLIANCEWITH SECTION218.415,FLORIDASTATUTES TotheHonorableMayorandCityCouncilMembers CityofClearwater,Florida WehaveexaminedCityofClearwater,Florida’s,(the“City”),compliancewiththerequirementsof Section218.415,FloridaStatutes,LocalGovernmentInvestmentPolicies,duringtheyearended September30,2021.ManagementisresponsiblefortheCity’scompliancewiththerequirements. OurresponsibilityistoexpressanopinionontheCity’scompliancewiththespecifiedrequirements basedonourexamination. Ourexaminationwasconductedinaccordancewithattestationstandardsestablishedbythe AmericanInstituteofCertifiedPublicAccountants.Thosestandardsrequirethatweplanand performtheexaminationtoobtainreasonableassuranceaboutwhethertheCitycomplied,inall materialrespects,withthespecifiedrequirementsreferencedabove.Anexaminationinvolves performingprocedurestoobtainevidenceaboutwhethertheCitycompliedwiththespecified requirements.Thenature,timing,andextentoftheproceduresselecteddependonourjudgment, includinganassessmentoftherisksofmaterialnoncompliance,whetherduetofraudorerror.We believethattheevidenceweobtainedissufficientandappropriatetoprovideareasonablebasis forouropinion. OurexaminationdoesnotprovidealegaldeterminationontheCity’scompliancewithspecified requirements. Inouropinion,theCitycomplied,inallmaterialrespects,withtheaforementionedrequirements fortheyearendedSeptember30,2021. ThisreportisintendedsolelyfortheinformationanduseofmanagementandtheStateofFlorida AuditorGeneralandisnotintendedtobeandshouldnotbeusedbyanyoneotherthanthese specifiedparties. CARR,RIGGS&INGRAM,LLC Clearwater,Florida March31,2022 191 192 This Page Intentionally Left Blank 1 CITY OF CLEARWATER, FLORIDA AUDIT PRESENTATION FOR YEAR ENDED SEPTEMBER 30, 2021 May 16, 2022 2 •Independent Auditors’ Report on basic financial statements –Unmodified opinion •Government Auditing Standards Report –No material weaknesses or significant deficiencies or other instances of noncompliance •Single Audit Report –No findings or questioned costs –Federal and State programs audited – Coronavirus Relief Fund (Federal) and Aviation Grant Programs and Economic Development Partnerships (State) AUDITORS’ REPORTS AND LETTER 3 •Management Letter –No significant issues noted other than immaterial noncompliance regarding formal documented approval of grant reporting •Local Government Investment Policies Report –No significant issues noted AUDITORS’ REPORTS AND LETTER, cont. 4 •No audit adjustments were proposed and/or recorded by the City as a result of our audit procedures. •GASB 84 was implemented during FY 21, which required an adjustment to opening net position of fiduciary funds for the change in accounting principle AUDIT RESULTS 5 •Significant accounting policies –No significant changes to accounting policies, policies are described in Note 1 of the financial statements •Accounting estimates –Receivables allowance, fair value of investments, risk management accruals, pension and OPEB plans, and estimated useful lives of capital assets •Significant difficulties encountered in the audit –No significant difficulties in dealing with management •Disagreements with management –No disagreements arose during the course of the audit •Other findings or issues –None noted •Corrected and uncorrected misstatements –None noted •Issues discussed with management prior to retention –None noted •Internal control deficiencies –None noted other than previously reported OTHER COMMUNICATIONS 6 QUESTIONS? Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 22-11 Agenda Date: 5/16/2022 Status: Agenda ReadyVersion: 1 File Type: ResolutionIn Control: Finance Agenda Number: 2.2 SUBJECT/RECOMMENDATION: Designate an underwriting team consisting of BofA Securities, Inc.; J.P. Morgan Securities LLC; Raymond James and Associates; RBC Capital Markets, LLC; and Wells Fargo Securities, to provide investment banking services to manage future negotiated bond sales for the City of Clearwater and adopt Resolution 22-11. SUMMARY: In order to be in a position to efficiently conduct appropriate future long-term bond financing transactions, the City of Clearwater Finance Department seeks council approval of an underwriting team of investment banking firms to manage future negotiated bond sales. The City issued Request for Qualification (RFQ) #16-22 to select the team of investment banking firms and received a total of twelve responses for consideration. The proposed team will consist of five firms selected through the RFQ process and will serve for a five-year period. The City’s Finance Director or designee will designate the senior and co-managers from the team for each transaction. The RFQ selection committee recommends for Council approval a five-firm team consisting of BofA Securities, Inc.; J.P. Morgan Securities LLC; Raymond James & Associates; RBC Capital Markets, LLC; and Wells Fargo Securities. Page 1 City of Clearwater Printed on 5/13/2022 RESOLUTION 22-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA, DESIGNATING A TEAM OF INVESTMENT BANKING FIRMS TO PROVIDE BOND UNDERWRITING SERVICES; PROVIDING FOR INCIDENTAL ACTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Clearwater, Florida (the “City”) determined it is in the best interest of the City to assemble a team of bond underwriters to serve the City; and WHEREAS, the City issued a request for qualifications (“RFQ”) to qualified investment banking firms on February 22, 2022, and received responses thereto on March 24, 2022; and WHEREAS, based on the responses received by the City and recommendations from City staff, the City now desires to select a team of investment banking firms to serve as bond underwriters to the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: SECTION 1. This Resolution is adopted pursuant to the provisions of Article VIII, Section 2 of the Constitution of the State of Florida, Chapter 166, Florida Statutes, the Charter of the City of Clearwater, Florida and other applicable provisions of law. SECTION 2. The City hereby selects BofA Securities, Inc.; J.P. Morgan Securities LLC; Raymond James & Associates; RBC Capital Markets, LLC; and Wells Fargo Securities as its team of bond underwriters (the “Underwriters”). The selected Underwriters will serve the City for a period of five (5) years from the date hereof. SECTION 3. The City will, in its sole discretion, determine in connection with each negotiated financing during the term specified in Section 2 above, the number of Underwriters to use on each future negotiated financing in accordance with the authorization of the issuance of each such financing, and in each such case, designate which firm, if any, will serve as senior manager or co-manager for each transaction. SECTION 4. If any section of part of a section of this Resolution can be declared invalid or unconstitutional, the validity, force and effect of any other section or part of a section of this Resolution shall not thereby by affected or impaired unless it clearly appears that such other section or part of a section of this Resolution is wholly or necessarily depended upon the section or part of a section so held to be invalid or unconstitutional. SECTION 5. All prior resolutions of the Issuer inconsistent with the provisions of this resolution are hereby modified, supplemented and amended to conform with the provisions herein contained and except as otherwise modified, supplemented and amended hereby shall remain in full force and effect. SECTION 6. This resolution shall become effective immediately upon its adoption. Passed and adopted by the City Council of the City of Clearwater, Florida, this 19th day of May, 2022. _____________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ___________________________ ___________________________ David Margolis Rosemarie Call City Attorney City Clerk Procurement Division 100 S Myrtle Ave Clearwater FL 33756-5520 PO Box 4748, 33578-4748 727-562-4630 Tel REQUEST FOR QUALIFICATIONS #16-22 Bond Underwriting Services February 22, 2022 NOTICE IS HEREBY GIVEN that sealed Statements of Qualifications will be received by the City of Clearwater (City) until 10:00 AM, Local Time, March 24, 2022 to provide Bond Underwriting Services. Brief Description: The City of Clearwater is seeking qualified investment banking firms interested in serving as a member of the City’s bond underwriting team. 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 Bond Underwriting Services 2 RFQ #16-22 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: March 24, 2022 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 SUBMIT RESPONSES TO: It is recommended that responses are submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. Respondents may mail or hand-deliver responses to the address below. E-mail or fax submissions will not be accepted. Use label at the end of this solicitation package City of Clearwater Attn: Procurement Division 100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520 or PO Box 4748, Clearwater FL 33758-4748 Responses will be received at this address. Respondents may mail or hand-deliver proposals; e- mail or fax submissions will not be accepted. No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a 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; LOBBYING NO-CONTACT PERIOD; QUESTIONS REGARDING SOLICITATION. From the time a competitive solicitation is posted until such time as the contract is awarded by the city or the solicitation is cancelled, all bidders, offerors, respondents, including their employees, representatives, and other individuals acting on their behalf, shall be prohibited from lobbying city officers, city employees, and evaluation committee members. INSTRUCTIONS Bond Underwriting Services 3 RFQ #16-22 Violation of this section may result in rejection/disqualification from award of the contract arising out of the competitive solicitation. All questions regarding the competitive solicitation must be directed to the procurement manager or designee, who will respond in writing and post such response to ensure that all respondents receive the same information during the No-Contact Period. The penalty for violating the No-Contact Period may include suspension or debarment 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 INSTRUCTIONS Bond Underwriting Services 4 RFQ #16-22 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. 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 RIGHT TO PROTEST. Pursuant to Section 2.562(3), Clearwater Code of Ordinances, a bidder who submitted a response to a competitive solicitation and was not selected may appeal the decision through the bid protest procedures, a copy of which shall be available in the Procurement Division. A protesting bidder must include a fee of one percent of the amount of the bid or proposed contract to offset the City’s additional expenses related to the protest. This fee shall not exceed $5,000.00 nor be less than $50.00. Full refund will be provided should the protest be upheld. No partial refunds will be made. 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 Bond Underwriting Services 5 RFQ #16-22 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 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, pp. 11-12) Points Experience of Firm with Relevant Financings (Tab 2) 25 Experience of Firm’s Key Personnel and Underwriter(s) (Tab 3) 25 Marketing and Distribution Capabilities (Tab 4) 20 Ability and Willingness to Commit Capital (Tab 5) 20 Additional Information: References, Litigation (Tab 6) 10 i.17 PRESENTATIONS/INTERVIEWS. If requested, the respondent must provide a formal presentation and/or interview. The location for these presentations and/or interviews will be determined by the City and may be held virtually. i.18 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 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.19 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 INSTRUCTIONS – EVALUATION Bond Underwriting Services 6 RFQ #16-22 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: February 22, 2022 Advertise Tampa Bay Times: February 23, 2022 Responses due: March 24, 2022 Review responses/presentations: March 24, 2022-April 13, 2022 Award recommendation: April 13, 2022 Council authorization: May 2022 Contract begins: June 2022 DETAILED SPECIFICATIONS Bond Underwriting Services 7 RFQ #16-22 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. GENERAL PURPOSE. The City of Clearwater (City) seeks qualified investment banking firms interested in serving as bond underwriter to the City. The City intends to assemble a team of underwriters to serve the City for a period of five (5) years – June 2022 through May 2027. The City cannot project or guarantee number of negotiated issues that will be completed over this time period. The City anticipates selecting an underwriter or underwriters from the established pool for each transaction based on firm’s service and coverage to the City, including suggestions of new ideas, strategies, or techniques; performance on behalf of the City on prior transactions; and/or other demonstrated services and commitment to the City. The City strives to maintain ongoing communication and relationships with its investment banking pool. The City reserves the right to determine the number of underwriters and to select the underwriter(s) for each specific transaction at its sole discretion and is not obligated to retain any specific firm for any financing. Existence of the underwriting pool shall not prohibit the City from using a competitive bidding process, bank loans, or other financing vehicles in instances where the City deems the use of these or alternative financing structures to be in the City’s best interest. 3. SCOPE OF SERVICES. The required services of the senior managing underwriter include, but are not limited to, the following: • Participate in review and drafting of all bond documents, including the Preliminary Official Statement, Official Statement, Continuing Disclosure Agreement, and other necessary legal documents • Assist in preparation and discussions with rating agencies and bond insurers, if requested • Make recommendations for important aspects of the proposed financing, including, but not limited to: the timing of the sale, the overall sales approach, the structure of the bonds, the call provisions, and the use of credit enhancement • Lead the underwriting team in marketing and distributing the bonds to both retail and institutional investors, in an attempt to access the largest possible selection of investors • Underwrite the financing based upon terms and conditions agreed to by both the City and the underwriters in the Bond Purchase Agreement • Provide detailed and specific information as it relates to the orders and allotments on the specific financing, if requested • Assist with the closing of the bonds, including reviewing all closing documents and providing a post financing report to the City which highlights the key characteristics of the financing Co-managing underwriters will provide assistance as requested and will support in the marketing, distribution, and underwriting of the bonds. Underwriting fees will be negotiated with the senior manager of a specific financing prior to that financing being priced. The City does not anticipate paying underwriting fees above what is being paid in the market at the time of pricing for similar transactions. 4. INSURANCE REQUIREMENTS. The Contractor (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 Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Contractor 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, DETAILED SPECIFICATIONS Bond Underwriting Services 8 RFQ #16-22 then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement. Specific work may require additional coverage on a case by case basis: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Unless waived by the State of Florida, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $100,000 (one hundred thousand dollars) each employee each accident, $100,000 (one hundred thousand dollars) each employee by disease and $500,000 (five hundred thousand dollars) aggregate by disease with benefits afforded under the laws of the State of Florida. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. d. Professional Liability Insurance coverage appropriate for the type of business engaged in by the Contractor with minimum limits of $1,000,000 (one million dollars) per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (ERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. OTHER INSURANCE PROVISIONS. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the 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 as an “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 #16-22 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 DETAILED SPECIFICATIONS Bond Underwriting Services 9 RFQ #16-22 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. 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 Bond Underwriting Services 10 RFQ #16-22 1. ANTICIPATED BEGINNING AND END DATE OF INITIAL TERM. June 2022 – May 2027 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 Bond Underwriting Services 11 RFQ #16-22 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, three (3) copies of the response and one (1) copy in an electronic format, on a disc or thumb drive, in a sealed container using the label provided at the end of this solicitation. NOTE: Every response received by the City will be considered a public record pursuant to Chapter 119, Florida Statutes. Any response marked confidential may be deemed non- responsive to this RFQ. 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 fifteen (15) 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). Each response should be accompanied by a transmittal letter which summarizes key qualifications points. The transmittal letter must be signed by an officer of the firm authorized to commit the firm’s resources. TAB 2 – Experience of Firm with Relevant Financing (seven [7] pages). This section shall include: a. A brief overview of the firm’s Public Finance Department, including the number of offices and Public Finance bankers. i. Highlight whether the firm maintains any full-time public finance offices in Florida and the staffing level at each location. ii. Identify the location from which the firm’s banking and analytical services will be provided. b. Summary tables of the firm’s negotiated underwriting experience with local municipalities issuing bonds backed by general governmental credits (i.e. general obligation, tax- backed financings, enterprise fund financings, etc.) since January 1, 2019. Provide four (4) summary tables: i. Florida senior managed experience ii. Florida co-senior/co-managed experience iii. National (excluding Florida) senior managed experience iv. National (excluding Florida) co-senior/co-managed experience For each table, include an annual breakdown (on a calendar year basis) of number of issues and par amount as well as a total amount over this timeframe. Include detailed experience lists of these transactions as an appendix under Tab 6. c. A description of the firm’s experience in providing investment banking services and municipal bond underwriting, specifically experience with issuers similar to the City. Provide three (3) case studies of Florida negotiated underwritings that demonstrate the firm’s approach and experience. d. Additional information that demonstrates the firm’s ability to serve as a member of the City’s underwriting team, including any prior submissions, analyses, or services you have provided the City and/or any specific ideas you have related to the City’s existing debt portfolio or capital improvement plans. TAB 3 – Experience of Firm’s Key Personnel and Underwriter(s) (two [2] pages). a. Identify the primary day-to-day contact for the engagement and their experience. RESPONSE FORMAT Bond Underwriting Services 12 RFQ #16-22 i. Include a brief resume which describes overall professional experience and experience working with clients similar to the City. ii. State each individual’s role during the engagement along with title and office location of each. b. Provide the location of the underwriting desk that will price future negotiated fixed-rate tax-exempt issuances for the City. i. Include a resume detailing the experience of the firm’s principal underwriter at this location. ii. Provide the names and titles of those individuals, if any, who must approve an underwriting commitment for the firm and the process by which this is accomplished. TAB 4 – Marketing and Distribution Capabilities (two [2] pages). This section shall include: a. A discussion of the firm’s marketing strategy for the City’s issuance of general revenue- backed bonds (such as water and sewer or stormwater revenue) and distribution capabilities of tax-exempt securities on a national, statewide and local scale. b. A table listing the number of the firm’s retail salespeople, institutional salespeople, traders, and underwriters for tax-exempt bonds in Florida and nationally. TAB 5 – Ability and Willingness to Commit Capital (two [2] pages). a. Describe the firm’s ability and willingness to commit capital to the City’s financing in order to hold bonds in inventory if necessary. b. Provide a table detailing the firm’s total capital, equity capital, net capital, and excess net capital as of the most recent available date. c. Include one (1) specific case study in which the firm committed capital during the past twelve (12) months in order to assist in bringing a deal to market at the lowest possible cost. TAB 6 – Additional Information. a. References. Include a minimum of three (3) municipal clients, preferably Florida clients providing similar services within the past 3 years, that the City can contact as references for the assigned professionals. Include name, title, address, phone number, and email address for each reference. b. Conflict of Interest. Describe any current or potential conflicts of interest that may arise from the selection of the firm as a member of the City’s underwriting team. c. Litigation. Provide a description of any litigation or regulatory action filed against or settled by the firm relating to public finance and/or bond underwriting practice since January 1, 2019, and the resolution thereof. d. Summary Tables Appendix for Tab 2. e. Sample Bond Purchase Agreement. 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. Exhibit B_Scrutinized Companies Form e. Exhibit C_E-Verifty Eligibility Form f. 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 Bond Underwriting Services 13 RFQ #16-22 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 Bond Underwriting Services 14 RFQ #16-22 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: Provide supporting documentation for your certification, if applicable. RESPONSE CERTIFICATION Bond Underwriting Services 15 RFQ #16-22 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 Bond Underwriting Services 16 RFQ #16-22 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED RESPONSE Submitted by: Company Name: Address: City, State, Zip: RFQ #16-22, Bond Underwriting Services Due Date: March 24, 2022, 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 #16-22, Bond Underwriting Services Due Date: March 24, 2022, 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------------------------------------------------ Page 1 of 1 Addendum #1 RFQ #16-22, Bond Underwriting Services March 15, 2022 NOTICE IS HEREBY GIVEN that the following addendum serves to provide clarification and to answer the questions received on RFQ #16-22, Bond Underwriting Services. Question 1: Given the unique nature of a securities offering, many of the provisions in this section are not standard for agreements in connection with serving as a bond underwriter for an offering of municipal securities. Wanted to see whether you would be willing to provide clarification or insight into whether the City would be open to the following exceptions and comments. Answer to Question 1: All exceptions to the City’s terms and conditions shall be listed on the EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA form, page 13 of the solicitation. The City will review any exception(s) and reserves the right to accept and/or reject exception(s) in whole or in part. End of Questions and Answers End of Addenda Exhibit A Respondents to City of Clearwater, Florida RFQ 16-22: Barclays Capital Inc BofA Securities Inc InspereX J.P. Morgan Securities LLC Jefferies LLC Mischler Financial Group, Inc. Raymond James & Associates, Inc. RBC Capital Markets LLC Samuel A. Ramirez & Co., Inc. Siebert Williams Shank & Co., LLC UBS Financial Services Inc. Wells Fargo Securities Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0465 Agenda Date: 5/16/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 3.1 SUBJECT/RECOMMENDATION: Authorize a purchase order to Olameter DPG, LLC, of Wauwatosa, WI for natural gas distribution main and service line locating services, in an annual not-to-exceed amount of $790,000.00 for the initial term of May 1, 2022 through April 30, 2023, with the option of three, one-year renewal options, pursuant to Invitation to Bid # 08-22, and authorize the appropriate officials to execute same. (consent) SUMMARY: On February 1, 2022, Procurement issued Invitation to Bid (ITB) No. 08-22, Natural Gas Distribution Main & Service Line Locating Services, on behalf of the Clearwater Gas System (CGS). On March 3, 2022, three bids were received however it was later determined that one of the responding vendors were non-responsible to the bid requirements. Both Procurement and CGS are requesting authorization to award this contract to Olameter DPG, LLC, the lowest, most responsible bidder in accordance with the bid specifications. The locating services are in accordance with Florida State law, which requires anyone who plans to dig and/or perform excavation activities in the right of way or on private property to call the Florida Sunshine State One Call (Sunshine 811) and place a locate ticket 48-hrs prior to performing any excavation. Once the locate ticket is received, a line spotter goes out to the site and marks the approximate location of CGS’s distribution main and service gas lines. This will inform the contractor/excavator of the approximate location of our facilities once they commence excavation. In 2021, CGS received approximately 56,000 locate tickets from Sunshine 811. Staff projects the ticket count will be approximately 61,000 over the next 12 months, as construction activities increase. APPROPRIATION CODE AND AMOUNT: Funding is available in Pinellas Gas Maintenance 423-2066 and Pasco Gas Maintenance 423-2173 in the Clearwater Gas System Budget. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 5/13/2022 1) Heath Consultants Incorporated 2) Olameter DPG, LLC 9030 Monroe Road 11020 W. Plank Court, Suite 100 Houston, TX 77061 Wauwatosa, WI 53226 713.844.1300 318.801.8013 *Certified WBE ADVERTISED: TAMPA BAY TIMES 2/9/2022 POSTED:myclearwater.com 2/1/2022 - 3/3/2022 Due/Opening: March 3, 2022; 10:00 a.m. INVITATION TO BID No. 08-22 Natural Gas Distribution Main & Service Line Locating Services Solicitation Response Listing FOR THE CITY OF CLEARWATER April 29, 2022 NOTICE OF INTENT TO AWARD The Clearwater Gas System and the Procurement Division recommend award of ITB No. 08-22, Natural Gas Distribution Main & Service Line Locating Services, to Olameter DPG, LLC, the lowest most responsible bidder, in accordance with the bid specifications, in the estimated amount of $790,000.00 annually, for a period of one (1) year, with three (3), one (1) year renewal options. This Award recommendation will be considered by the City Council at the May 16, 2022, Work Session (9:00 a.m.) and voted on at the May 19, 2022, Council Meeting (6:00 p.m.). These meetings are held at Clearwater Main Library, at 100 N. Osceola Ave., Clearwater, FL 33755. Inquiries regarding this Intent to Award can be directed to the City’s Procurement Division at (727) 562-4634, or mailed to City of Clearwater, Attn: Procurement Division, PO Box 4748, Clearwater, FL 33758-4748. Posted on this date by: Scott Burrows Scott Burrows Procurement Analyst CITY OF CLEARWATER ITB # 08-22, Natural Gas Distribution Main & Service Line Locating Services DUE DATE: March 3, 2022; 10:00 AM BID TABULATION Item No. Description Est. Quantity (UOM) Unit Price (UOM) Total Price Unit Price (UOM) Total Price 1 Regular Request Locate Ticket 59,000 $13.25 $ 781,750.00 $11.37 $ 670,830.00 2 Short Notice Request Locate Ticket 1,000 $13.25 $ 13,250.00 $11.37 $ 11,370.00 3 Emergency Request Locate Ticket 1,100 $21.21 $ 23,331.00 $31.60 $ 34,760.00 4 Hourly Rate for Other Services 1 $52.00 $ 52.00 $47.39 $ 47.39 5 Quarter Hour Rate for Other Services 1 $13.00 $ 13.00 $11.85 $ 11.85 Total Bid Items 1 – 5: $ 818,396.00 Total Bid Items 1 – 5: $ 717,019.24 Heath Consultants Incorporated Olameter DPG, LLC Page 1 of 2 CITY OF CLEARWATER ITB # 08-22, Natural Gas Distribution Main & Service Line Locating Services DUE DATE: March 3, 2022; 10:00 AM BID TABULATION Heath Consultants Incorporated Olameter DPG, LLC Page 2 of 2 v. 11.2018 Procurement Division 100 S Myrtle Ave 33756-5520 PO Box 4748 33758-4748 Clearwater FL 727-562-4633 INVITATION TO BID #08-22 Natural Gas Distribution Main & Service Line Locating Services February 1, 2022 NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Clearwater (City) until 10:00 A.M., Local Time, March 3, 2022, to provide Natural Gas Distribution Main and Service Line Locating Services. Brief Description: Clearwater Gas System (CGS) seeks qualified vendors to provide all labor, materials, incidental items and equipment necessary for Natural Gas Distribution Main and Service Line Locating Services. Bids must be in accordance with the provisions, specifications and instructions set forth herein and will be received by the Procurement Division until the above noted time, when they will be publicly acknowledged and accepted. Bid packets, any attachments and addenda are available for download at: https://www.myclearwater.com/business/rfp Please read the entire solicitation package and submit the bid in accordance with the instructions. This document (less this invitation and the instructions) and any required response documents, attachments, and submissions will constitute the bid. General, Process or Technical Questions concerning this solicitation should be directed, IN WRITING, to the following Procurement Analyst: Eryn Berg Procurement Analyst Eryn.Berg@myclearwater.com This Invitation to Bid is issued by: Lori Vogel, CPPB Procurement Manager lori.vogel@myclearwater.com INSTRUCTIONS Natural Gas – Line Locating Services 2 ITB #08-22 i.1 VENDOR QUESTIONS: All questions regarding the contents of this solicitation, and solicitation process (including requests for ADA accommodations), shall be directed solely to the contact listed on page 1. Questions should be submitted in writing via letter, fax or email. Questions received less than ten (10) calendar days prior to the due date and time may be answered at the discretion of the City. i.2 ADDENDA/CLARIFICATIONS: Any changes to the specifications will be in the form of an addendum. Addenda are posted on the City website no less than seven (7) days prior to the Due Date. Vendors are cautioned to check the Purchasing Website for addenda and clarifications prior to submitting their bid. The City cannot be held responsible if a vendor fails to receive any addenda issued. The City shall not be responsible for any oral changes to these specifications made by any employees or officer of the City. Failure to acknowledge receipt of an addendum may result in disqualification of a bid. i.3 VENDOR CONFERENCE / SITE VISIT: Yes No Mandatory Attendance: Yes No Date and Time: n/a Location: n/a If so designated above, attendance is mandatory as a condition of submitting a bid. The conference/site visit provides interested parties an opportunity to discuss the City's needs, inspect the site and ask questions. During any site visit you must fully acquaint yourself with the conditions as they exist and the character of the operations to be conducted under the resulting contract. i.4 DUE DATE & TIME FOR SUBMISSION AND OPENING: Date: March 3, 2022 Time: 10:00 A.M. (Local Time) The City will open all bids properly and timely submitted and will record the names and other information specified by law and rule. All bids become the property of the City and will not be returned except in the case of a late submission. Respondent names, as read at the bid opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days from day of opening elapses, whichever occurs earlier, bids are available for inspection by contacting the Procurement Division. i.5 BID FIRM TIME: 90 days from Opening Bid shall remain firm and unaltered after opening for the number of days shown above. The City may accept the bid, subject to successful contract negotiations, at any time during this time. i.6 BID SECURITY: Yes No If so designated above, a bid security in the amount specified must be submitted with the bid. The security may be submitted in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, or cashier's check payable to the City of Clearwater (personal or company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. Such bid security shall be forfeited to the City of Clearwater should the bidder selected fail to execute a contract when requested. PERFORMANCE SECURITY: Yes, equal to the annual bid amount No If required herein, the Contractor, simultaneously with the execution of the Contract, will be required to furnish a performance security. The security may be submitted in one-year increments and in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, cashier's check or money order payable to the City of Clearwater (personal and company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to INSTRUCTIONS Natural Gas – Line Locating Services 3 ITB #08-22 the City. If the Contractor fails or refuses to fully comply with the terms and conditions of the contract, the City shall have the right to use all or such part of said security as may be necessary to reimburse the City for loss sustained by reason of such breach. The balance of said security, if any, will be returned to Contractor upon the expiration or termination of the contract. i.7 BID SUBMITTAL TO: It is recommended that bids be submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. Bidders may mail or hand-deliver bids to the address below. E-mail or fax submissions will not be accepted. Use label at the end of this solicitation package. City of Clearwater Attn: Procurement Division 100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520 or PO Box 4748, Clearwater FL 33758-4748 No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a bid that is not properly addressed and identified. i.8 LATE BIDS. The bidder assumes responsibility for having the bid delivered on time at the place specified. All bids received after the date and time specified shall not be considered and will be returned unopened to the bidder. The bidder assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery. You must allow adequate time to accommodate all registration and security screenings at the delivery site. A valid photo I.D. may be required. It shall not be sufficient to show that you mailed or commenced delivery before the due date and time. All times are Clearwater, Florida local times. The bidder agrees to accept the time stamp in the City Procurement Office as the official time. i.9 LOBBYING; LOBBYING NO-CONTACT PERIOD; QUESTIONS REGARDING SOLICITATION. From the time a competitive solicitation is posted until such time as the contract is awarded by the city or the solicitation is cancelled, all bidders, offerors, respondents, including their employees, representatives, and other individuals acting on their behalf, shall be prohibited from lobbying city officers, city employees, and evaluation committee members. Violation of this section may result in rejection/disqualification from award of the contract arising out of the competitive solicitation. All questions regarding the competitive solicitation must be directed to the procurement manager or designee, who will respond in writing and post such response to ensure that all respondents receive the same information during the No-Contact Period. The penalty for violating the No-Contact Period may include suspension or debarment. i.10 COMMENCEMENT OF WORK. If bidder begins any billable work prior to the City’s final approval and execution of the contract, bidder does so at its own risk. i.11 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the solicitation will not excuse any failure to comply with the requirements of the solicitation or any resulting contract, nor shall such failure be a basis for claiming additional compensation. If a vendor suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in any case not later than seven (7) business days in advance of the due date notify the contact on page one (1). The City is not responsible for and will not pay any costs associated with the preparation and submission of the bid. Bidders are cautioned to verify their bids before submission, INSTRUCTIONS Natural Gas – Line Locating Services 4 ITB #08-22 as amendments to or withdrawal of bids submitted after time specified for opening of bids may not be considered. The City will not be responsible for any bidder errors or omissions. i.12 FORM AND CONTENT OF BIDS. Unless otherwise instructed or allowed, bids shall be submitted on the forms provided. An original and the designated number of copies of each bid are required. Bids, including modifications, must be submitted in ink, typed, or printed form and signed by an authorized representative. Please line through and initial rather than erase changes. If the bid is not properly signed or if any changes are not initialed, it may be considered non-responsive. In the event of a disparity between the unit price and the extended price, the unit price shall prevail unless obviously in error, as determined by the City. The City may require that an electronic copy of the bid be submitted. The bid must provide all information requested and must address all points. The City does not encourage exceptions. The City is not required to grant exceptions and depending on the exception, the City may reject the bid. i.13 SPECIFICATIONS. Technical specifications define the minimum acceptable standard. When the specification calls for “Brand Name or Equal,” the brand name product is acceptable. Alternates will be considered upon demonstrating the other product meets stated specifications and is equivalent to the brand product in terms of quality, performance and desired characteristics. Minor differences that do not affect the suitability of the supply or service for the City’s needs may be accepted. Burden of proof that the product meets the minimum standards or is equal to the brand name, product, is on the bidder. The City reserves the right to reject bids that the City deems unacceptable. i.14 MODIFICATION / WITHDRAWAL OF BID. Written requests to modify or withdraw the bid received by the City prior to the scheduled opening time will be accepted and will be corrected after opening. No oral requests will be allowed. Requests must be addressed and labeled in the same manner as the bid and marked as a MODIFICATION or WITHDRAWAL of the bid. Requests for withdrawal after the bid opening will only be granted upon proof of undue hardship and may result in the forfeiture of any bid security. Any withdrawal after the bid opening shall be allowed solely at the City’s discretion. i.15 DEBARMENT DISCLOSURE. If the vendor submitting this bid has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the bidder shall include a letter with its bid identifying the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating the suspension or debarment. i.16 RESERVATIONS. The City reserves the right to reject any or all bids or any part thereof; to rebid the solicitation; to reject non-responsive or non-responsible bids; to reject unbalanced bids; to reject bids where the terms, prices, and/or awards are conditioned upon another event; to reject individual bids for failure to meet any requirement; to award by item, part or portion of an item, group of items, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any bid. The City may seek clarification of the bid from bidder at any time, and failure to respond is cause for rejection. Submission of a bid confers on bidder no right to an award or to a subsequent contract. The City is charged by its Charter to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditions shall be made solely at the City’s discretion and made to favor the City. No binding contract will exist between the bidder and the City until the City executes a written contract or purchase order. i.17 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a bidder may not be acknowledged or accepted by the City. Award or execution of a contract does not constitute acceptance of a changed term, condition or specification unless specifically acknowledged and agreed to by the City. The copy maintained and published by the City shall be the official solicitation document. i.18 COPYING OF BIDS. Bidder hereby grants the City permission to copy all parts of its bid, including without limitation any documents and/or materials copyrighted by the bidder. The City’s right to INSTRUCTIONS Natural Gas – Line Locating Services 5 ITB #08-22 copy shall be for internal use in evaluating the proposal. i.19 CONTRACTOR ETHICS. It is the policy of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the Procurement process, including Respondents and Contractors. To achieve the purpose of this Article, it is essential that Respondents and Contractors doing business with the City also observe the ethical standards prescribed herein. It shall be a breach of ethical standards to: a. Exert any effort to influence any City employee or agent to breach the standards of ethical conduct. b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or Services not provided. c. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply with any term, condition, specification or other requirement of a City Contract. i.20 GIFTS. The City will accept no gifts, gratuities or advertising products from bidders or prospective bidders and affiliates. The City may request product samples from vendors for product evaluation. i.21 PROTESTS AND APPEALS. If a Respondent believes there is a mistake, impropriety, or defect in the solicitation, believes the City improperly rejected its proposal, and/or believes the selected proposal is not in the City’s best interests, the Respondent may submit a written protest. All protests and appeals are governed by the City of Clearwater Purchasing Policy and Procedures. If any discrepancy exists between this Section and the Purchasing Policy, the language of the Purchasing Policy controls. Protests based upon alleged mistake, impropriety, or defect in a solicitation that is apparent before the bid opening must be filed with the Procurement Officer no later than five (5) business days before Bid Opening. Protests that only become apparent after the Bid Opening must be filed within ten (10) business days of the alleged violation of the applicable purchasing ordinance. The complete protest procedure can be obtained by contacting the Procurement Division. ADDRESS PROTESTS TO: City of Clearwater – Procurement Division 100 S Myrtle Ave, 3rd Fl Clearwater FL 33756-5520 or PO Box 4748 Clearwater FL 33758-4748 INSTRUCTIONS – EVALUATION Natural Gas – Line Locating Services 6 ITB #08-22 i.22 EVALUATION PROCESS. Bids will be reviewed by the Procurement Division and representative(s) of the respective department(s). The City staff may or may not initiate discussions with bidders for clarification purposes. Clarification is not an opportunity to change the bid. Bidders shall not initiate discussions with any City employee or official. i.23 PRESENTATIONS/INTERVIEWS. The bidder must provide a formal presentation/interview upon request. i.24 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of information: responsiveness, responsibility, and price. All bids must meet the following responsiveness and responsibility criteria to be considered further. a) Responsiveness. The City will determine whether the bid complies with the instructions for submitting bids including completeness of bid which encompasses the inclusion of all required attachments and submissions. The City must reject any bids that are submitted late. Failure to meet other requirements may result in rejection. b) Responsibility. The City will determine whether the bidder is one with whom it can or should do business. Factors that the City may evaluate to determine "responsibility" include, but are not limited to: excessively high or low priced bids, past performance, references (including those found outside the bid), compliance with applicable laws-including tax laws, bidder's record of performance and integrity - e.g. has the bidder been delinquent or unfaithful to any contract with the City, whether the bidder is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A bidder must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. City staff may also use Dun & Bradstreet and/or any generally available industry information. The City reserves the right to inspect and review bidder’s facilities, equipment and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection. c) Price. We will then evaluate the bids that have met the requirements above. i.25 COST JUSTIFICATION. In the event only one response is received, the City may require that the bidder submit a cost proposal in sufficient detail for the City to perform a cost/price analysis to determine if the bid price is fair and reasonable. i.26 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Bidder must be prepared for the City to accept the bid as submitted. If bidder fails to sign all documents necessary to successfully execute the final contract within a reasonable time as specified, or negotiations do not result in an acceptable agreement, the City may reject bid or revoke the award, and may begin negotiations with another bidder. Final contract terms must be approved or signed by the appropriately authorized City official(s). No binding contract will exist between the bidder and the City until the City executes a written contract or purchase order. i.27 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to Purchasing’s website. It is the bidder’s responsibility to check the City of Clearwater’s website at https://www.myclearwater.com/business/rfp to view relevant bid information and notices. i.28 BID TIMELINE. Dates are tentative and subject to change. Release ITB: 2/1/2022 Advertise Tampa Bay Times: 2/9/2022 Bids due: 3/3/2022 Review bids: 3/4/2022 – 3/11/2022 Award recommendation: 3/11/2022 Council authorization: 4/7/2022 Contract begins: April 2022 STANDARD TERMS AND CONDITIONS Natural Gas – Line Locating Services 7 ITB #08-22 S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: “vendor, contractor, supplier, proposer, company, parties, persons”, “purchase order, PO, contract, agreement”, “city, Clearwater, agency, requestor, parties”, “bid, proposal, response, quote”. S.2 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor’s employees, not City employees. Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers’ compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims. S.3 SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. S.4 ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first receiving the City’s written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event the City will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement. S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. S.6 NO THIRD-PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties. S.7 NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement. S.8 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor. S.9 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations under this Agreement. S.10 COMPLIANCE WITH APPLICABLE LAWS. a. General. Contractor must procure all permits and licenses and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects. Contractor will require a drug-free workplace for all Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Agreement must be notified STANDARD TERMS AND CONDITIONS Natural Gas – Line Locating Services 8 ITB #08-22 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. 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. STANDARD TERMS AND CONDITIONS Natural Gas – Line Locating Services 9 ITB #08-22 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. 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 STANDARD TERMS AND CONDITIONS Natural Gas – Line Locating Services 10 ITB #08-22 contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five (5) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor’s place of business or at City offices, as determined by the City. S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City’s information, data, or facilities in accordance with the City’s 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 STANDARD TERMS AND CONDITIONS Natural Gas – Line Locating Services 11 ITB #08-22 including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement. S.17 DEFAULT. a. A party will be in default if that party: (i) is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor’s capability to perform under the Agreement; (ii) is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; (iii) conducts business in an unethical manner or in an illegal manner; or (iv) fails to carry out any term, promise, or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred from participating in City procurements and solicitations in accordance with the City’s Purchasing Policy and Procedures Manual. c. Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non- defaulting party to provide notice of the default does not waive any rights under the Agreement. d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement. S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and costs. c. The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, special, or consequential damages. S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. 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. STANDARD TERMS AND CONDITIONS Natural Gas – Line Locating Services 12 ITB #08-22 S.21 TERMINATION FOR CONFLICT OF INTEREST Florida Statutes Section 112. Pursuant to F.S. Section 112, the City may cancel this Agreement after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor. S.22 TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date. S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final invoice. S.24 NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. S.25 INDEMNIFICATION/LIABILITY. a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the obligations established by this Agreement. b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor-provided supplies or services. S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman-like and professional manner. The City’s acceptance of service or materials provided by Contractor will not relieve Contractor from its obligations under this warranty. If any materials or services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at no additional charge to the City, will provide materials or redo such services until in accordance with this Agreement and to the City’s reasonable satisfaction. Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications. 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 STANDARD TERMS AND CONDITIONS Natural Gas – Line Locating Services 13 ITB #08-22 cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery. S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs. S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or publicity without obtaining the prior written consent of the City. S.31 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8, a current or former public officer or employee within the last two (2) years shall not represent another organization before the City on any matter for which the officer or employee was directly concerned and personally participated in during their service or employment or over which they had a substantial or material administrative discretion. S.32 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder. S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees. S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same without suit, trouble or hindrance from Contractor or third parties. S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is obtained against the City’s use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute supplies or services. S.37 CONTRACT ADMINISTRATION. The contract will be administered by the Procurement Administrator and/or an authorized representative from the using department. All questions regarding the contract will be referred to the administrator for resolution. Supplements may be written to the contract for the addition or deletion of services. Payment will be negotiated and determined by the contract administrator(s). STANDARD TERMS AND CONDITIONS Natural Gas – Line Locating Services 14 ITB #08-22 S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing agreements with other Florida government agencies, including the Tampa Bay Area Purchasing Cooperative. Under a Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies in the State of Florida with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City is not responsible for any disputes arising out of transactions made by others. S.40 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City’s Procurement Division. S.41 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via overnight courier or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof. S.42 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida. The exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Pinellas County, Florida. S.43 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed. S.44 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it. S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. S.46 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination. DETAILED SPECIFICATIONS Natural Gas – Line Locating Services 15 ITB #08-22 1. INTRODUCTION. The City of Clearwater (City) is located on the West Coast of Florida in the Tampa Bay region. It is the third largest city in the region with an estimated population of nearly 118,017 residents. The City of Clearwater is also a major tourist destination – Clearwater Beach was rated #1 U.S. Beach by TripAdvisor’s Traveler’s Choice Awards in 2018 and 2019 and is consistently ranked as one of the top beaches in the world. The City of Clearwater is home to the Philadelphia Phillies Spring Training and Clearwater Threshers Minor League Baseball, as well as hosting several sports tournaments through the year that attract visitors from across the country. Clearwater is home to Winter the Dolphin and the Clearwater Marine Aquarium. Winter’s story made it all the way to Hollywood in the motion pictures “Dolphin Tale” and “Dolphin Tale 2”, both filmed here in Clearwater. The City of Clearwater is committed to ensuring that we have a sustainable city through green measures focusing on our economy, environment and community. 2. BACKGROUND. Clearwater Gas System (CGS) is owned and operated as an enterprise natural gas utility by the City of Clearwater. It currently has over 1,000 miles of underground gas main and handles the supply and distribution of both natural and propane (LP) gas throughout Pinellas, Pasco and Western Hillsborough County. Below is some general information on the CGS distribution system, along with a company profile. A. HISTORICAL LOCATING SERVICE UTILIZATION: SUNSHINE 811 LOCATE TICKETS FROM JANUARY 2021 – DECEMBER 2021 County Miles of Main Number of Service Lines Sunshine Tickets Received Located Emergency Located Pinellas 793 18,866 37,971 4,581 830 Pasco 277 10,159 18,732 4,329 215 Total 1,070 29,025 56,703 8,910 1,045 Projected growth for 2022 through 2024 Years Total Miles of Main Estimated 2022 to 2023 27 2023 to 2024 28 Additional information, such as geographic information system software (GIS) shapefiles, depicting the location of our main and service line locations will be made available to the awarded vendor. B. CLEARWATER GAS SYSTEM – OVERVIEW: It is recommended that Vendor(s) review the proposed work area and become familiar with local conditions which may in any manner affect the work to be performed, or affect the equipment, materials, and labor required. The Vendor(s) must carefully evaluate the service area and the specifications, conditions, and requirements of this contract. No additional allowances will be made due to lack of knowledge of any site conditions. DETAILED SPECIFICATIONS Natural Gas – Line Locating Services 16 ITB #08-22 C. U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 2020, PHMSA 7100-1.1 Annual Report DETAILED SPECIFICATIONS Natural Gas – Line Locating Services 17 ITB #08-22 DETAILED SPECIFICATIONS Natural Gas – Line Locating Services 18 ITB #08-22 3. SCOPE OF WORK. The Awarded Bidder (Vendor) must provide underground facility locating services for CGS. Locating services will include regular, emergency, and short notice work requests. The contract resulting from this solicitation will be fixed price (unit cost) in accordance with the Vendor’s Bid Pricing. A. REGULATIONS i. All services must be performed to meet the requirements and intent of the Code of Federal Regulations (CFR) 49 Part 192.801, 192.803, 192.805, 192.807 and 192.809 relating to “Operator Qualification” in conformance with the intent of Federal Operator Qualification (O.Q.) Regulations that is equal to and applicable to CGS’s American Society of Mechanical Engineers (ASME) B31Q O.Q. Plan. ii. All work must be performed in accordance with the standards defined in accordance with Florida Statute 556 (F.S. 556)., the Underground Facility Damage Prevention and Safety Act. B. SERVICE REQUIREMENTS i. All Sunshine 811 locate ticket records are the property of CGS. CGS will notify Florida Sunshine State One Call (Sunshine 811) of its engagement with the vendor. ii. Vendor must receive and record locate ticket requests from both CGS and Sunshine 811 during normal business days and within normal business hours. Locate ticket requests may be issued to the vendor during non-business hours on an emergency basis only and must be approved by CGS’s designated representative(s), either in writing or email, prior to start of service. iii. Vendor must provide sufficient qualified staff, administrative capabilities, and field locating equipment to adequately perform the required locating services for CGS. A list of proposed personnel and supervisors to be provided at the time of bid. iv. Vendor must provide compatible two (2) way communication with existing or future communication systems between CGS personnel and Sunshine 811. v. For each locate ticket request, Vendor must review the CGS facilities maps, provided online and in paper copy format, to determine where conflicts exist between proposed excavation sites and CGS facilities and must be able to locate those areas in the timeframe as specified by F.S. 556. vi. Vendor must respond and complete a site visit for each locate ticket request from Sunshine 811 to locate any and all facilities belonging to CGS that are included in the description on the locate ticket request. Services must be completed in the timeframe as specified by F.S. 556. vii. Vendor must complete all locate ticket requests and close out these locate ticket requests by submitting the proper response to Sunshine 811. viii. At the request of CGS’s designated representative(s), Vendor must provide one (1) follow-up site visit, at no charge, for each completed locate ticket, to verify locate with the excavator to ensure the safety and accuracy of the work performed. ix. Vendor must use equipment capable of distinguishing CGS facilities from that of other underground utilities. x. Vendor must locate service lines, from the main gas line to the meter location on private property, and other facilities in right-of-way (ROW) and easements in compliance with the most DETAILED SPECIFICATIONS Natural Gas – Line Locating Services 19 ITB #08-22 recent edition of the Florida Department of Transportation (FDOT) Maintenance of Traffic (MOT) rules and regulations. xi. Vendor must hand shovel or vacuum excavate pipelines and/or segments that are difficult to locate, repair broken locate wire segments, install and/or maintain locate stations to complete locate tickets. xii. Vendor must use a marking medium such as: paint and/or flags. Colors are to be in accordance with state law and industry standards. Vendor is responsible for providing all marking material. xiii. Vendor must designate a single point of contact between Vendor and CGS’s designated representative(s) to serve as a liaison for receipt of CGS facility maps. Vendor will be responsible for requesting revised copies of CGS facility maps. xiv. Vendor must retain and safeguard CGS system maps and records. Maps and records will not be disclosed to or made available to any entity without the expressed written consent of CGS’s designated representative(s). xv. Vendor must contact CGS’s designated representative(s) for assistance after having exhausted reasonable efforts to locate any identifiable, but un-locatable facilities. Vendor must immediately notify the excavator of the presence of CGS’s facilities and inform excavator to suspend any digging activities until CGS personnel are on site. Vendor must obtain name, phone number and other pertinent information of excavator personnel notified of incomplete locate tickets whether responded to with positive response codes or not (i.e., when Sunshine 811 ticket is closed concerning the status of locating an underground facility). xvi. Vendor must notify CGS’s designated representative(s) of any discrepancies or omissions in the records or other information provided to Vendor by CGS to the extent such discrepancies and omissions can be determined by Vendor. Vendor will draw simple as-builts when the main is found in a different location than CGS records depict. xvii. Vendor must establish positive working relationships with other contractors and maintain clear communication channels to ensure the safety of the system, staff, and the public. xviii. Gas locate tickets will include propane tanks and related underground piping systems. Vendor must allow CGS to back charge for locates passed-on that were accomplished with minimal effort. Vendor is responsible for any late ticket charges to Sunshine 811 and may be charged for any missed locate damages, pending investigation results. C. SERVICE TYPES Regular Request: CGS or Sunshine 811 locate ticket received during normal business day and work must be completed within two (2) full business days. Short Notice Request: CGS or Sunshine 811 locate ticket received during normal business day and work must be completed within one (1) full business day. Emergency Request: CGS or Sunshine 811 locate ticket received during normal business day and hours; Vendor must respond to the location within two (2) hours and work must be completed within one (1) full business day. D. WORK REQUIREMENTS Vendor must include the following to complete all CGS and Sunshine 811 locate ticket request: DETAILED SPECIFICATIONS Natural Gas – Line Locating Services 20 ITB #08-22 i. Provide an all-clear code to the positive response system when CGS does not have underground facilities within the excavation site. ii. Physically mark the excavation site per low impact marking practices, (such as paint and flags), and update the positive response system in the Sunshine 811 website. iii. Contact the excavator to reschedule the locate. If the excavator's voicemail is reached, leave a message explaining the situation and the need to re-schedule. Enter positive response code 3F only after the excavator has been reached and the new schedule arranged. iv. Enter the appropriate positive response code when one (1) of the above three (3) are not true. v. If underground utilities cannot be located, Vendor must provide the best information available at that time E. SERVICE HOURS i. Natural Gas Distribution Main and Service Line Locating Services shall be performed between the hours of 7:00 AM to 3:30 PM, Monday through Friday, with the following exceptions: a. Major City Arterial Streets, including State Roads and County Roads: Work permitted between the hours of 9:00 AM – 3:00 PM, to include establishing the MOT for the project. b. Right-of-ways, within 1,000 feet of schools: No work is permitted during the hours when children are arriving or leaving school properties (beginning or ending of school days). ii. Vendor must contact CGS’s designated representative(s) to obtain permission to conduct services on Saturdays and must observe the same hours as listed above. No work will be performed on Sundays. iii. Emergency locating services may be conducted upon approval by CGS’s designated representative(s) for any day or time, as needed. Vendor must provide supplemental pricing for hourly rate for emergency services on the Bid Pricing pages. F. WORK SCHEDULE i. Vendor will adhere to a work schedule as specified in Section C, Service Types and Section E, Service Hours. Any schedule variation requested by either CGS or the Vendor must be accepted by the other entity in writing. ii. CGS intends for the services under this contract to impact the public as little as possible. The Vendor must provide CGS’s designated representative(s) with a written schedule (email is acceptable) of the services, at least forty-eight (48) hours prior to the start of work to ensure that notification can be provided to any citizen who may be affected by services. G. PERSONNEL REQUIREMENTS i. All work crews will be required to wear approved company uniform, use appropriate Personal Protection Equipment (PPE), abide by any and all company and OSHA (Occupational Safety and Health Act) safety standards, and behave in a professional manner at all times. ii. Vendor must conduct a safety briefing with employees each day prior to beginning operations. iii. Vendor must supply knowledgeable and physically capable employees and provide appropriate supervision to all services performed under this contract. All personnel must be skilled in the field in which they work; that is, no unskilled laborers will perform the work. DETAILED SPECIFICATIONS Natural Gas – Line Locating Services 21 ITB #08-22 iv. Vendor must maintain enough skilled personnel and supervisory staff to carry out CGS work tickets in a timely manner as described above in Section B, Service Requirements and Section C, Service Types. A list of proposed personnel and their qualifications, adequate to handle CGS’s work volume, is required. At minimum vendor should provide the following with bid submittal: a. Qualified personnel list to include employee name, position and resume. b. Operator Qualification Certificates v. The Vendor is required to provide all equipment necessary to perform all services specified herein. All equipment must be in good working condition so that it can be safely operated and does not present a threat to people, private or public property. CGS designated representative(s) reserves the right to turn away any vehicles/equipment that arrive in an unsafe condition, have obviously not been maintained, or are excessively dirty. vi. All personnel performing work under this contract must be trained and proficient in the operation of the locating equipment being used by the vendor. If equipment or methods are upgraded, all vendor personnel must be successfully retrained before working on CGS sites. H. TRAFFIC CONTROL AND PEDESTRIAN SAFETY i. Vendor must fully acquaint and comply with MOT safety requirements. If requested, the MOT plan must be submitted by the vendor to and approved by the respective City prior to partial lane closure and commencement of the work. All necessary lane closure requests must be submitted by the vendor and approved by the respective City's Transportation and Parking Services, a minimum of forty-eight (48) hours in advance of scheduled operations. ii. Vendor must coordinate maintenance operations in certain high pedestrian use areas and peak time periods with CGS’s designated representative(s). The City reserves the right to limit the hours of operation in certain high pedestrian use areas iii. Any and all proposed traffic control must conform to the current edition of the Manual on Uniform Traffic Control Devices (MUTCD), the Florida Department of Transportation Roadway and Traffic Design Standards, 2009 (600 Series) and the Florida Department of Transportation Standard Specifications for Road and Bridge Construction in their most recent form. Vendor must use Index 627 whenever equipment is relocated or driven on existing open travel lanes. iv. For work to be completed within the ROW, the Vendor must set up MOT per FDOT specifications and must have an MOT certified individual on site. If the Vendor does not have the MOT certified individual at the time of bid submittal, Vendor may utilize a contract agency performing the MOT; however, within thirty (30) days of contract award the Vendor must have an MOT certified individual on staff. v. MOT services must be provided by the Vendor for the duration of the contract and must be included in unit pricing. I. REPORTING i. Upon award of this contract, both parties will mutually determine an appropriate set of periodic reports to be issued by the Vendor to the CGS designated representative(s) in support of this contract. ii. Vendor must meet with the CGS designated representative(s) as needed, to review the vendor’s performance, work schedule, discuss issues, and/or address any related problems. Please note that the review frequency may be varied at CGS’s discretion. DETAILED SPECIFICATIONS Natural Gas – Line Locating Services 22 ITB #08-22 J. SPECIAL CONDITIONS i. Vendors may be required to submit a list of equipment that will be used to perform the required services as outlined. Upon request, all equipment listed must be available for inspection by the CGS designated representative(s) prior to award or at any time during the contract term. ii. Vendor will assist CGS in reporting vandalism, graffiti, damage or public and private property in need of repair/refurbishing. For example, traffic or directory signs, structures, site furnishings, monuments, fences, lighting, utilities, and paving. Vendor must report these items to the CGS designated representative(s) by the end of that business day unless it is an emergency, in which proper authorities must be notified. iii. Vendor will be responsive to special conditions or unexpected problems that may occur during the term of the contract. CGS expects the full cooperation and prompt response by the Vendor. K. ALL-INCLUSIVE PRICING Bid pricing must be inclusive of all labor, equipment, material, tools, incidentals and any other service or charge necessary to complete the project. There must be no additional charges for mobilization, demobilization, equipment transport, fuel, fuel surcharges, disposal fees/increases, travel time, wait time, labor or insurance charges/increases, or any other charge not listed. The all-inclusive parameters of a CGS and/or Sunshine 811 locate ticket are as follows: i. One (1) Sunshine 811 locate ticket can cover a linear distance of up to one (1) mile on a street and up to 150 feet in either direction along crossing streets that are identified in the locate ticket. ii. One (1) locate ticket can include up to five (5) individual addresses as long as the linear distance from the first address to the last is one (1) mile or less. For example, a single ticket can cover work being done at these addresses: 2000, 2003, 2004, 2006 and 2009 Main Street. iii. One (1) locate ticket may cover an area of undeveloped land of no more than one (1) square mile, provided that the boundaries of the undeveloped land area where the work is to be performed are described on the ticket. This ticket may also include work to be performed on any single street or ROW bordering the area of undeveloped land. Work to be performed on an additional bordering street or ROW requires a separate locate ticket. Work exceeding the linear or numerical unit requirements outlined above will be billed for the initial hour and then in quarter hour (¼) hour increments as specified on the Bid Pricing form, page 28. CGS must approve any emergency or after-hours requests prior to start of service. L. MONITORING The CGS Operations Manager and/or designated representative(s) will monitor the Vendor’s performance in accordance with the terms and conditions set forth in this solicitation and as defined in Florida Statutes and the Florida Administrative Code. To assist CGS in monitoring the resultant contract, the Vendor must permit CGS’s designated representative(s) to inspect its facilities, equipment, or data upon request. M. PERFORMANCE STANDARDS, LIQUIDATED DAMAGES, AND CORRECTIVE ACTION PLANS Liquidated damages will be assessed for breach of any contract term or condition, including failure to meet defined performance standards. The CGS Operations Manager and/or designated DETAILED SPECIFICATIONS Natural Gas – Line Locating Services 23 ITB #08-22 representative(s) will monitor the Vendor’s performance in accordance with the established requirements set forth in this solicitation. During the contract term, shall CGS find the Vendor out of compliance, the City reserves the right to impose liquidated damages in the amount of $1,000.00 for each day that the work to be performed by the Vendor remains incomplete, beyond the time limit specified, and for failure to comply with the performance standard requirements as stated. 4. MINIMUM QUALIFICATIONS. Vendor must have the capability to perform and complete the services in all respects in accordance with the solicitation documents. The Vendor must be licensed and competent in the required discipline of locating gas mains, services and underground customer piping systems and related gas meter connections. A. Vendor must provide three (3) customer references for work that is similar to the size and scope as outlined, within the past five (5) years, with bid submittal. B. Vendor personnel and CGS approved subcontractors must meet the requirements and intent of the Code of Federal Regulations (CFR) 49 Part 192.801, 192.803, 192.805, 192.807 and 192.809 relating to O.Q. with mandatory knowledge, skill and abilities, training to be completed at the time of bid submittal. O.Q. and all training documentation must be furnished, at time of bid submittal. The Vendor’s O.Q. plan must also explain how their employees have the ability to identify and react to natural gas related abnormal operating conditions that may be encountered while working on the gas pipeline facility. Vendors’ employees O.Q., knowledge, skill and ability records will be kept for a five (5) year period. Failure to provide proof of O.Q. compliance, and successful maintenance will disqualify the vendor from performance of the awarded bid. Training records must be made available to CGS for auditing. C. By submitting a bid, each Vendor agrees that it has an established, or will implement by the start of this contract, a Drug and Alcohol Training and Testing Program for their employees that comply with the requirements of the United States Department of Transportation, Title 49, Pipeline Safety Regulations, Part 199. The awarded vendor will furnish quarterly statistical reports to CGS’s Operations Manager and/or designated representative, to show active compliance. D. Vendor must attest to the Certification regarding Scrutinized Companies Lists, certifying that it is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies That Boycott Israel List created pursuant to Section 287.135, Florida Statutes. The Vendor agrees the Department may immediately terminate this Contract for cause if the Contractor is found to have submitted a false certification or if the Contractor is placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies That Boycott Israel List during the term of the Contract. 5. INSURANCE REQUIREMENTS. The Vendor shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Vendor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: DETAILED SPECIFICATIONS Natural Gas – Line Locating Services 24 ITB #08-22 a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Unless waived by the State of Florida and proof of waiver is provided to the City, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $500,000 (five hundred thousand dollars) each employee each accident, $500,000 (five hundred thousand dollars) each employee by disease, and $500,000 (five hundred thousand dollars) disease policy limit. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. d. Professional Liability Insurance coverage appropriate for the type of business engaged in by the Contractor with minimum limits of $1,000,000 (one million dollars) per occurrence. If a claim 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. e. Pollution Liability Insurance coverage, which covers any and all losses caused by pollution conditions (including sudden and non-sudden pollution conditions) arising from the servicing and operations of Vendor (and any subcontractors, representatives, or agents) involved in the work/transport, in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. Other Insurance Provisions. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Vendor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured” on the Commercial General Liability Insurance and Auto Liability policies. In addition when requested in writing from the City, Vendor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Procurement Division, ITB #08-22 P.O. Box 4748 Clearwater, FL 33758-4748 b. Vendor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. DETAILED SPECIFICATIONS Natural Gas – Line Locating Services 25 ITB #08-22 c. Vendor’s insurance as outlined above shall be primary and non-contributory coverage for Vendor’s negligence. d. Vendor reserves the right to appoint legal counsel to provide for the Vendor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Vendor’s design, equipment, or service. Vendor agrees that the City shall not be liable to reimburse Vendor for any legal fees or costs as a result of Vendor providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and City’s failure to request evidence of this insurance shall not be construed as a waiver of Vendor’s (or any contractors’, subcontractors’, representatives’ or agents’) obligation to provide the insurance coverage specified. MILESTONES Natural Gas – Line Locating Services 26 ITB #08-22 1. BEGINNING AND END DATE OF INITIAL TERM. April 2022 – March 2023 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. CONTRACT. The contract resulting from this solicitation will be fixed price (unit cost) in accordance with the Awarded Vendor’s Bid Pricing. A copy of the proposed standard contract containing all requirements is included as Attachment A, Standard Contract. The prospective vendor should closely review the requirements contained in the proposed standard contract. Modifications proposed by the prospective vendor may not be considered. This solicitation, including all its addenda, the Department’s written response to written inquiries, and the successful vendor’s response shall be incorporated by reference in the final contract document. 3. 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. 4. RENEWAL. At the end of the initial term of this contract, the City may initiate renewal(s) as provided. The decision to renew a contract rests solely with the City. The City will give written notice of its intention to renew the contract no later than thirty (30) days prior to the expiration. Three (3), one (1) year renewals possible at the City’s option. 5. PRICES. All pricing shall be firm for the initial term of one (1) year; except where otherwise provided by the specifications, and include all transportation, insurance and warranty costs. The City shall not be invoiced at prices higher than those stated in any contract resulting from this bid. The Contractor certifies that the prices offered are no higher than the lowest price the Contractor charges other buyers for similar quantities under similar conditions. The Contractor further agrees that any reductions in the price of the goods or services covered by this bid and occurring after award will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions. During the sixty (60) day period prior to each annual anniversary of the contract effective date, the Contractor may submit a written request that the City increase the prices for an amount for no more than the twelve month change in the Consumer Price Index (CPI-U), Tampa-St. Petersburg- Clearwater, Not Seasonally Adjusted as published by the U.S. Department of Labor, Bureau of Labor Statistics (http://www.bls.gov/ppi/home.htm). The City shall review the request for adjustment and respond in writing; such response and approval shall not be unreasonably withheld. At the end of the initial term, pricing may be adjusted for amounts other than inflation based on mutual agreement of the parties after review of appropriate documentation. Renewal prices shall be firm for at least one year, and may be adjusted thereafter as outlined in the previous paragraph. No fuel surcharges will be accepted. BID SUBMISSION Natural Gas – Line Locating Services 27 ITB #08-22 1. BID SUBMISSION. It is recommended that bids be submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. For bids mailed and/or hand-delivered, bidder must submit one (1) signed original bid and one (1) electronic format on a CD or Thumb Drive, in a sealed container using label provided at the end of this solicitation. 2. BIDDER RESPONSE CHECKLIST. This checklist is provided for your convenience. It is not necessary to return a copy of this solicitation’s Instructions, Terms and Conditions, or Detailed Specifications with your bid response. Only submit the requested forms and any other requested or descriptive literature. Original and proper number of copies with electronic format (if requested) Bid container properly labeled Bid pricing form Exceptions/Additional Materials/Addenda form Vendor Information form Scrutinized Companies form(s) as required E-Verify Eligibility form as required Offer Certification form References form: Minimum of three (3) customer references Copy of Vendor’s O.Q. plan (REF 4(B), page 23) Copy of personnel list (employee name, position, and resume) (REF G(iv), page 21) Copy of O.Q. Certificates for personnel (REF G(iv), page 21) W-9 Form to be provided by Bidder (http://www.irs.gov/pub/irs-pdf/fw9.pdf) BID PRICING Natural Gas – Line Locating Services 28 ITB #08-22 Pursuant to the contract specifications enumerated and described in this solicitation, we agree to furnish Natural Gas Distribution Main and Service Line Locating Services to the City of Clearwater at the price(s) stated below. Item No. TYPE OF LOCATE TICKET Unit Price Unit of Measure Estimated Annual Quantity Total Price REGULAR REQUEST: Sunshine 811 locate ticket received during normal business day and hours (7:00 am – 3:30 pm); work completed within two (2) full business days.. 1 Regular Request ticket received from CGS or Florida Sunshine (including all ticket revisions and updates); it is estimated that 9,000 tickets will require field visit $ Per Ticket 59,000 $ SHORT NOTICE REQUEST: Sunshine 811 locate ticket received during normal business day and hours (7:00 am – 3:30 pm); work completed within one (1) full business day. 2 Short Notice Request ticket received from CGS or Florida Sunshine (including all ticket revisions and updates); it is estimated that 100 tickets will require field visit $ Per Ticket 1,000 $ EMERGENCY REQUEST: Sunshine 811 locate ticket received during normal business day and hours (7:00 am – 3:30 pm); respond to the location within two (2) hours; and work completed within one (1) full business day. 3 Emergency Request ticket received from CGS or Florida Sunshine (including all ticket revisions and updates); it is estimated that 200 tickets will require field visit $ Per Ticket 1,100 $ OTHER SERVICES 4 Hourly Rate for other services – minimum 1 hour charge (i.e. Work exceeding linear or numerical unit requirements and other services outside of the locate ticket scope of work) $ Per Initial Hour 5 Quarter Hour Rate for other services (after initial hour) $ Per Quarter Hour Note: Pricing must be all-inclusive. Reference K. All-Inclusive Pricing, page 22, above. DELIVERY REQUIREMENTS FOB: Destination, Freight Prepaid and Allowed Freight Costs: Unit prices should include all freight and transportation charges PAYMENT TERMS: City of Clearwater’s standard payment terms are NET30 Vendor: _________________________________________ Date: _______________________________ EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA Natural Gas – Line Locating Services 29 ITB #08-22 Bidders shall indicate any and all exceptions taken to the provisions or specifications in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): Note – Any material exceptions taken to the City’s Standard Terms and Conditions will render a Bid Non-responsive. No exceptions Exceptions taken (describe--attach additional pages if needed) Additional Materials submitted (mark one): No additional materials have been included with this bid Additional Materials attached (describe--attach additional pages if needed) Addenda Bidders are responsible for verifying receipt of any addenda issued by checking the City’s website at http://www.myclearwater.com/business/bid-information/ prior to the bid opening. Failure to acknowledge any addenda issued may result in a response being deemed non-responsive. Acknowledgement of Receipt of Addenda (initial for each addenda received, if applicable): Addenda Number Initial to acknowledge receipt Vendor Name ____ Date: ____ VENDOR INFORMATION Natural Gas – Line Locating Services 30 ITB #08-22 Company Legal/Corporate Name: Doing Business As (if different than above): Address: City: State: Zip: - Phone: Fax: E-Mail Address: Website: DUNS # Remit to Address (if different than above): Order from Address (if different from above): Address: Address: City: State: Zip: City: State: Zip: Contact for Questions about this bid: Name: Fax: Phone: E-Mail Address: Day-to-Day Project Contact (if awarded): Name: Fax: Phone: E-Mail Address: Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: Provide supporting documentation for your certification, if applicable. SCRUTINIZED COMPANIES FORM Natural Gas – Line Locating Services 31 ITB #08-22 SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 3. “Boycott Israel” or “boycott of Israel” means refusing to deal, terminating business activities, or taking other actions to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli-controlled territories, in a discriminatory manner. A statement by a company that it is participating in a boycott of Israel, or that it has initiated a boycott in response to a request for a boycott of Israel or in compliance with, or in furtherance of, calls for a boycott of Israel, may be considered as evidence that a company is participating in a boycott of Israel; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by ______________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. ______________________________________ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE SCRUTINIZED COMPANIES FORM Natural Gas – Line Locating Services 32 ITB #08-22 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM IF YOUR BID/PROPOSAL IS $1,000,000 OR MORE, THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaging in business operations in Cuba and Syria; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria; and 3. Business Operations means, for purposes specifically related to Cuba or Syria, engaging in commerce in any form in Cuba or Syria, including, but not limited to, acquiring, developing, maintaining, owning, selling, possessing, leasing or operating equipment, facilities, personnel, products, services, personal property, real property, military equipment, or any other apparatus of business or commerce; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by _______________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. ______________________________________ _ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE E-VERIFY ELIGIBILITY FORM Natural Gas – Line Locating Services 33 ITB #08-22 VERIFICATION OF EMPLOYMENT ELIGIBILITY FORM PER FLORIDA STATUTE 448.095, CONTRACTORS AND SUBCONTRACTORS MUST REGISTER WITH AND USE THE E-VERIFY SYSTEM TO VERIFY THE WORK AUTHORIZATION STATUS OF ALL NEWLY HIRED EMPLOYEES. 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 Contractor and its Subcontractors are aware of the requirements of Florida Statute 448.095. 2. The Contractor and its Subcontractors are registered with and using the E-Verify system to verify the work authorization status of newly hired employees. 3. The Contractor will not enter into a contract with any Subcontractor unless each party to the contract registers with and uses the E-Verify system. 4. The Subcontractor will provide the Contractor with an affidavit stating that the Subcontractor does not employ, contract with, or subcontract with unauthorized alien. 5. The Contractor must maintain a copy of such affidavit. 6. The City may terminate this Contract on the good faith belief that the Contractor or its Subcontractors knowingly violated Florida Statutes 448.09(1) or 448.095(2)(c). 7. If this Contract is terminated pursuant to Florida Statute 448.095(2)(c), the Contractor may not be awarded a public contract for at least 1 year after the date on which this Contract was terminated. 8. The Contractor is liable for any additional cost incurred by the City as a result of the termination of this Contract. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by _______________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. ____________________________________ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE OFFER CERTIFICATION By signing and submitting this Bid, the Vendor certifies that: a) It is under no legal prohibition on contracting with the City of Clearwater. b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents. c) It has no known, undisclosed conflicts of interest. d) The prices offered were independently developed without consultation or collusion with any of the other respondents or potential respondents or any other anti-competitive practices. e) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who has or may have had a role in the procurement process for the services and or goods/materials covered by this contract. f) It understands the City of Clearwater may copy all parts of this response, including without limitation any documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer, or in response to a public records request under Florida’s public records law (F.S. 119) or other applicable law, subpoena, or other judicial process; provided that Clearwater agrees not to change or delete any copyright or proprietary notices. g) Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees. h) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and not debarred by any Federal or public agency. i) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and Rules if awarded by the City. j) It is current in all obligations due to the City. k) It will accept such terms and conditions in a resulting contract if awarded by the City. l) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit binding offers for the goods or services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: REFERENCES Natural Gas – Line Locating Services 35 ITB #08-22 Instructions: Vendor must provide three (3) customer references for work that is similar to the size and scope as outlined, within the past five (5) years, with bid submittal. Complete and return with bid submittal. Reference # 1 Customer Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Phone: Email: Additional Notes: Reference # 2 Customer Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Phone: Email: Additional Notes: Reference # 3 Customer Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Phone: Email: Additional Notes: Vendor Name Date: MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER Natural Gas – Line Locating Services 36 ITB #08-22 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED BID Submitted by: Company Name: Address: City, State, Zip: ITB #08-22, Natural Gas Distribution Main & Service Line Locating Services Due Date: March 3, 2022 at 10:00 A.M. City of Clearwater Attn: Procurement PO Box 4748 Clearwater FL 33758-4748 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ SEALED BID Submitted by: Company Name: Address: City, State, Zip: ITB #08-22, Natural Gas Distribution Main & Service Line Locating Services Due Date: March 3, 2022 at 10:00 A.M. ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ City of Clearwater Attn: Procurement 100 S Myrtle Ave 3rd Fl Clearwater FL 33756-5520 Page 1 of 3 Addendum #1 ITB # 08-22: Natural Gas Distribution Main & Service Line Locating Services 2/18/2022 NOTICE IS HEREBY GIVEN that the following addendum serves to provide clarification and to answer the questions received on ITB # 08-22: Natural Gas Distribution Main & Service Line Locating Services. Clarification 1: Section B, Service Requirements, Sub-section ii. Reading this is leading us to believe that the locating vendor must contact and obtain approval for all emergency located requests. Answer to Clarification 1: Approval is required for emergency locate services outside of non-business hours. Question 1: The bid identifies that the Gas and Propane are on GIS maps but also identifies paper maps. Please identify what the paper maps would be required to be used on? Answer to Question 1: The City does not require paper maps to be used and the use of paper maps will be at the discretion of the Vendor. Per Section B. SERVICE REQUIREMENTS (v), maps will be provided online and in paper copy format. Question 2: Does the plastic [pipe] all have tracer wire? Answer to Question 2: While all plastic pipe should have tracer wire installed, Vendor should make allowances where tracer wire discontinuity is possible. Refer to Section B. SERVICE REQUIREMENTS (xv) & (xvi). Question 3: If the Plastic [pipe] doesn’t have tracer wire, how is the plant now being marked or is the locating vendor turning back those type of tickets? Answer to Question 3: Refer to Section B. SERVICE REQUIREMENTS (xi) & (xv). Question 4: [Regarding Hand Shovel or Vacuum Excavate when segments are difficult to locate, repair broken wire segments] How many times did your current vendor have to vacuum excavate? Answer to Question 4: The current vendor has not used vacuum excavation during the term of the current contract. Question 5: [Regarding Hand Shovel or Vacuum Excavate when segments are difficult to locate, repair broken wire segments] Did your vendor charge additional for the vacuum excavation work? If so, what was the fee they charged the city? Answer to Question 5: Reference Answer to Question 4 above. Question 6: [Regarding Hand Shovel or Vacuum Excavate when segments are difficult to locate, repair broken wire segments] Will the locating vendor be required to repair the tracer wire if under the hard surface of a road? Page 2 of 3 Answer to Question 6: The Vendor will not be responsible for repairing tracer wire that is under a road or hard surface but should notify the CGS designated representative(s) to make them aware. However, if the road or hard surface is already open due to other ongoing work then the Vendor is expected to repair the wire. A road will not be cut into for the sole purpose of wire repairs. Question 7: [Regarding Hand Shovel or Vacuum Excavate when segments are difficult to locate, repair broken wire segments] If your vendor has had to excavate and repair the tracer wire in the road, how many times last year did they have to cut into the road to make the repair? Answer to Question 7: Reference Answer to Question 6 above. Question 8: [Regarding Hand Shovel or Vacuum Excavate when segments are difficult to locate, repair broken wire segments] How many times did your vendor have to repair the tracer wire? Answer to Question 8: The current vendor has not had to repair tracer wire during the term of the current contract. Question 9: How Many times in the past year did you charge your current vendor the Liquidated Damage Fee? Answer to Question 9: The City has not charged the current vendor the Liquidated Damage Fee. However, the current vendor has been charged for damages resulting from failure to accurately complete a locate ticket within the scope as outlined in this solicitation. Question 10: [On the Bid Pricing Page regarding Other Services Pricing and Quarter Hour Rate] Please identify how and what services would fall into each of these sections? Answer to Question 10: Reference BID PRICING form, page 28. Question 11: Please provide clarity on how your current vendor is applying these charges for Other Services Pricing and Quarter Hour Rate? Answer to Question 11: The other services pricing and quarter hour rate is typically used when the locate ticket is excessive or part of a large project that requires frequent trips to complete the locate ticket. Question 12: What are the current rates for a regular request? Answer to Question 12: Our current vendor Olameter DPG charges $9.48 for each regular request locate ticket. Question 13: What are the current rates for a short notice request? Answer to Question 13: The City currently pays $9.48 for each short notice request locate ticket. Question 14: What are the current rates for an emergency request? Answer to Question 14: The City currently pays $9.48 for each emergency request locate ticket. Question 15: What are the current rates for the hourly and quarter-hourly rates? Page 3 of 3 Answer to Question 15: The City pays $45.00 for initial hour and $11.25 per quarter hour. End of Questions and Answers All other dates and terms and conditions remain the same in this Invitation to Bid. End of Addenda Page 1 of 3 Addendum #2 ITB # 08-22: Natural Gas Distribution Main & Service Line Locating Services 02/24/2022 NOTICE IS HEREBY GIVEN that the following addendum serves to provide clarification and to answer the questions received on ITB # 08-22, Natural Gas Distribution Main & Service Line Locating Services. Question 1: In the past 3 years, how many at-fault damages did Olameter receive? (Broken down by year) Answer to Question 1: Over the last two (2) years, the City has billed for 22 at-fault damages. Question 2: In the past 3 years, what was the average cost of repair on Gas Service [lines]? Answer to Question 2: The average cost of repair on gas service lines are $800.00/Each. Question 3: In the past 3 years, what was the average cost of repair on Gas Main [lines]? Answer to Question 3: The average cost of repair on gas main lines can vary based on size and pressure of the line. For a two-inch (2”) plastic line, the cost of repair would be $25.00 per foot. Question 4: Will the tickets be sent the direct to the locating vendor from FL811 or will they be pre-screened by Clearwater Gas? Please identify the flow of the utility request ticket? Answer to Question 4: The Vendor will be listed in the Sunshine 811 system as a contractor for CGS. All tickets will be sent to the awarded Vendor’s ticket management system and will be fully executed by the Vendor. Question 5: In Clarification 1 - Approval is required for emergency locate services outside of non-business hours. Please identify how the locating vendor obtains this request from Clearwater Gas at 2:00 in the morning? Is this a verbal approval? Also please identify the procedure that is currently taking place and how it is logged that approval was granted. Answer to Question 5: CGS performs all after hours emergency locates. For the very rare instance that the vendor is asked to perform an emergency locate during non- business hours, the request will be initiated as a phone call for expediting purposes during an emergency and will be followed up with an email. Question 6: In reference to the after-hour emergency pre-approval, if approval is not granted, will Clearwater gas provide contractual language that the locating vendor is released of the liability? Answer to Question 6: Reference Answer to Question 5 above. Question 7: Do we receive notices directly and respond accordingly, or does CGS screen tickets and release to locator? Answer to Question 7: Reference Answer to Question 4 above. Page 2 of 3 Question 8: [Solicitation] says we only work emergency tickets if approved in writing? Does CGS take responsibility of response times for emergency requests? How many emergencies are there during non-business hours? Answer to Question 8: Reference Answer to Question 5 above. Question 9: What is the approval process for work during non-business hours / emergency locate request? Answer to Question 9: Reference Answer to Question 5 above. Question 10: How will the vendor be compensated for shovel or vacuum excavation on pipelines on difficult locates then the repair broken tracer wire segments and also install locate stations? Answer to Question 10: Compensation will be based on the hourly and quarter hourly rates submitted on BID PRICING form, page 28. Question 11: What are compatible communication systems? Answer to Question 11: Email and cellular phone communication are the preferred methods of communication. Question 12: How often is a site visit requested post locate by CGS? Is it 10%, 50 % or potentially 100%? Answer to Question 12: Reference Section B. SERVICE REQUIREMENTS (viii), page 18 of the solicitation. Question 13: How many trouble locate tickets were reported in the past 2 years? Answer to Question 13: There were 30 – 50 trouble locate tickets reported within the last two (2) years. Question 14: Combines locating propane tank systems and tickets passed back for billing. Is CGS requiring or not requiring that propane systems be marked as a part of a ticket? Do the costs of the propane system go back to the locate company to collect from the owner of the propane system, or homeowner? Does your propane system have tracer wire? Answer to Question 14: Propane systems are located from the tank to the second stage regulator. The locate Vendor is working for CGS and is responsible for locating only the CGS system. All customer owned piping downstream of the meter or second stage propane regulator is the responsibility of the property owner and not defined within the scope of 811 work. Question 15: How is the charge back determined for a line that has been passed back? This section references minimal effort but what does this mean? Answer to Question 15: Minimal effort can be explained as properly using the locate equipment and connections or light digging to find a buried wire connection or finding a test station to connect. Question 16: Due to varying volumes of tickets, and a 2 working day requirement to complete notifications (1 day or 3 hours in some cases) all tickets may not be able to be completed within Page 3 of 3 the end of day window. What recourse will the locator have if all tickets can not be completed by the end of day target? Answer to Question 16: Vendor will be expected to continue the following business day. In rare instances, vendor may be asked by CGS to work beyond normal hours due to project deadlines at which point the vendor’s non-business hour rates will apply. It is the contractor’s obligation to have adequate staffing to complete all tickets within the scope of Florida Statute 556. Question 17: Does the daily safety briefing have to be in person or face to face, or would a electronic communication suffice? Answer to Question 17: This is dependent on the Vendor’s established internal safety standards. Question 18: If a locate requires a MOT plan, and the approval for the MOT plan takes 48 hours, does CGS or the locator extend the response time to the request? Answer to Question 18: It is the responsibility of the Vendor to communicate with all parties for any delays. Question 19: What is the approval process for emergency tickets during normal hours and during after-hours? How are these tickets currently being screened? Answer to Question 19: Reference Answer to Question 4 and 5 above. Question 20: What is the average amount of times per year MOT has been called out for traffic control? Answer to Question 20: This will vary. This past year, MOT services were not needed. Reference Section H. TRAFFIC CONTROL AND PEDESRIAN SAFETY (iv), page 21 of the solicitation. Question 21: What is the marked to clear ratio with the ticket volume? Answer to Question 21: Usually, five percent (5%) to ten percent (10%) of all tickets are marked tickets. Please Note: The ten (10) day deadline for submitting questions is now closed and no further questions will be responded to. End of Questions and Answers End of Addenda Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0466 Agenda Date: 5/16/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 3.2 SUBJECT/RECOMMENDATION: Accept a Gas Utility Easement from Belleview Biltmore Country Club Corp. for the construction, installation, and maintenance of gas utility facilities on real property located at 1 Country Club Ln, Belleair FL, 33756. SUMMARY: Belleview Biltmore Country Club Corp (Grantor) has granted a non-exclusive five-foot wide natural gas easement, on property located at 1 Country Club Ln, Belleair FL, 33756 (Parcel IDs# 21-29-15-06480-000-0100, 21-29-15-06480-000-0307, 21-29-15-06480-000-0312 and 21-29-15-06480-000-0313) for the installation of a natural gas distribution line. This line will serve both residential and commercial customers upstream and downstream of this easement. The current line was constructed in the 1970’s without an easement. In 2016 the City acquired an easement for the northern section of the line and completed a replacement of that section of the line. This easement provides for the southern portion of the line to be replaced and relocated within the new easement. The easement grant is sufficient for the City to maintain and replace its facilities as necessary in perpetuity, or until such time as the City determines to abandon its use. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 5/13/2022 -- Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0467 Agenda Date: 5/16/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 3.3 SUBJECT/RECOMMENDATION: Approve an increase to Purchase Order 21000951 to Geosyntec Consultants, Inc. of Boca Raton, FL for supplemental site work and project management at the former manufactured gas plant (MGP) site located at 777 Maple St, Clearwater, FL in the amount of $72,400.00 for a new total of $138,300.00, pursuant to RFQ 26-19, Engineer of Record, and authorize the appropriate officials to execute same. (consent) SUMMARY: On July 8, 2021, the City Manager approved the original proposal for Post-Redevelopment Groundwater Monitoring Activities at the Former Manufactured Gas Plant in the amount of 65,900.00. Geosyntec Consultants has provided Clearwater Gas System (CGS) a proposal for supplemental post-redevelopment groundwater monitoring activities. The scope of work consists of six tasks that involve the addition of three new groundwater monitoring wells to assess the water quality above the water aquifer and other supporting tasks outlined below: 1)Mobilization & Procurement ($1,600) ·Review/revise existing Site-Specific Health & Safety Plan (HASP) ·Scheduling of site work and provide field notifications to the Florida Department of Environmental Protection (FDEP) prior to commencement of work 2)Drilling & Well Installation ($15,800) ·Install three new monitoring wells, as requested by FDEP ·Additional wells intend to complete the delineation of groundwater impacts on the site 3)Groundwater Sampling ($22,200) ·Sample the three new wells and the existing 35 wells on the project site ·Groundwater samples will be analyzed for volatile organic compounds (VOCs), naphthalene and Polycyclic Aromatic Hydrocarbons (PAHs) 4)Report findings to FDEP ($8,100) ·Geosyntec will prepare a summary letter of the groundwater results for submittal to FDEP. Report will include an overview map showing locations of all monitoring wells and test results of the groundwater quality. ·Show the extents/boundary of groundwater impacts on the MGP site. Page 1 City of Clearwater Printed on 5/13/2022 File Number: ID#22-0467 5)Prepare written Plans ($18,500) ·Geosyntec will prepare a written Site Environmental Management Plan (SEMP) for the management of any future construction activities on the MGP site ·Prepare a Remedial Action Plan (RAP) and submit to FDEP. RAP will provide conceptual and general design detail for the implementation of a soil capping & barrier system to be installed at the MGP site to minimize leaching of contaminated soils to the groundwater. ·RAP will also provide descriptions for implementing both restrictive covenants (RCs) and Institutional Controls (ICs) that would be placed on the MGP property. In addition, work with Pinellas County Health Department, located at 310 N Myrtle Ave, Clearwater to place any necessary restrictions on that property as well. 6)Project Management ($6,200) ·Geosyntec will provide day to day project management activities, such as scheduling, meeting with project team members, FDEP meetings, and other activities to ensure project objectives are met and on time. Work performed under this proposal is in accordance with the Brownfield Site Rehabilitation Agreement (BSRA), which was approved by the City Council and the Florida Department of Environmental Protection (FDEP) in December 2017, for site rehabilitation and redevelopment of this MGP location. Under the scope of this proposal, Geosyntec would work with the City and outside legal Counsel to close out the MGP property site with FDEP and would not require additional analysis/testing. APPROPRIATION CODE AND AMOUNT: Funds are budgeted and available in capital improvement project 3237323-96358 (Environmental Remediation) Page 2 City of Clearwater Printed on 5/13/2022 12802 Tampa Oaks Boulevard, Suite 151 Tampa, Florida 33637 PH 813.558.0990 FAX 813.558.9726 www.geosyntec.com 15 March 2022 Transmitted Via E-Mail Mr. Brian Langille, P.E., C.E.M. Operations Manager Clearwater Gas System 400 North Myrtle Avenue Clearwater, FL 33755 Subject: Proposal for Supplemental Post-Redevelopment Groundwater Monitoring Activities Clearwater Gas System – Former Manufactured Gas Plant OGC Case No. 93-0230 / FDEP Site No. COM_65207 Dear Mr. Langille: Geosyntec Consultants (Geosyntec) is pleased to provide Clearwater Gas System (CGS) this cost proposal for supplemental groundwater monitoring activities associated with the installation of a post-redevelopment groundwater monitoring well network to satisfy groundwater monitoring requirements for the former manufactured gas plant (MGP) site (Site) referenced above. This letter provides Geosyntec’s proposed scope of work and estimated costs to install wells, collect current groundwater data from all existing Site monitoring wells and prepare reporting for submittal to the Southwest District of the Florida Department of Environmental Protection (FDEP). Beginning in 2018 and ending in 2020 the Site was redeveloped by CGS’ contractor. The construction activities resulted in the loss/destruction of approximately 20 monitoring wells that had been installed on-Site for groundwater assessment purposes prior to the redevelopment activities. In 2021 Geosyntec oversaw the installation of 14 groundwater monitoring wells to replace the lost/destroyed wells and to complete the delineation of dissolved phase groundwater impacts associated with the Site. Following the new well installations, Geosyntec obtained and analyzed groundwater samples from 34 on- and off-Site groundwater monitoring wells for the compilation of a synoptic summary of groundwater analytical results. Geosyntec submitted the results to the FDEP in the 3 December 2021 Post Re-Development Groundwater Monitoring Summary report which concluded the installation of 2 additional groundwater monitoring wells necessary to complete the lateral extent of Site-related contaminants of concern (COCs). A second round of comprehensive groundwater sampling and analysis of all Site-related monitoring wells, including the two proposed well additions, was also recommended. Mr. Brian Langille, P.E. 15 March 2022 Page 2 FR8190 CGS Well and Sampling Proposal_15March2022_REV03 On 10 December 2021, FDEP responded to the report submittal with comments. In addition to the 2 proposed well installations and comprehensive sampling by Geosyntec, FDEP requested a third well location installation and re-submittal of the Post Re-Development Groundwater Monitoring Summary report to the FDEP by 30 April 2022. The objective of the work described herein is to install the 3 additional appropriately located monitoring wells and then to collect a synoptic round of groundwater analytical results for Site-related constituents of concern (COCs) as required by the Florida Department of Environmental Protection (FDEP). These results will be incorporated in a final Site assessment report and ultimately a Remedial Action Plan (RAP) to be developed under Florida Administrative Code (F.A.C.) Chapter 62-780. This proposal also includes estimated costs for the preparation of a Site Environmental Management Plan (SEMP). Geosyntec proposes a drilling and groundwater sampling scope of work whereby monitoring well installation will be completed at select locations on property owned by CGS and one location on City of Clearwater right-of-way. The actual locations will be based on Site reconnaissance, building locations and overhead/underground utility locations. To further define the scope of work, we propose the following primary tasks for implementation: •Task 1: Mobilization and Procurement •Task 2: Drilling and Well Installation •Task 3: Groundwater Sampling •Task 4: FDEP Groundwater Report •Task 5: RAP and SEMP •Task 6: Project Management Each of these proposed tasks is described in detail below. Task 1 – Mobilization and Procurement Task 1 is proposed for the mobilization and procurement of project resources. The following preliminary activities will be completed under Task 1: •Review and revision of the existing Site-specific Health and Safety Plan (HASP) in accordance with the requirements of 29 CFR 1910.120 (required document per OSHA). The HASP covers activities to be completed during implementation of the proposed field activities. A copy of the HASP will be on-Site during the performance of all field activities. •Scheduling and conducting a utility locate with Sunshine State One-Call of Florida and a private Utility locating subcontractor (GeoTek Services) prior to initiating any drilling or subsurface activities at the proposed drilling locations. Mr. Brian Langille, P.E. 15 March 2022 Page 3 •Procuring and scheduling a drilling subcontractor, analytical laboratory, and investigation- derived waste (IDW) transport and disposal subcontractor. •Field notification to FDEP Southwest District prior to drilling and sampling activities (notifications will be made via email correspondence). •Procuring of City of Clearwater right-of-way permit and field notification to the City of Clearwater Engineering Department prior drilling activities in the right-of-way area. Task 2 Drilling and Monitoring Well Installation Geosyntec has identified on- and off-Site areas to install and position 3 permanent monitoring wells for point of compliance monitoring based upon the August 2021 comprehensive groundwater sampling analytical results and FDEPs comments to the 2021 Post Re-development Groundwater Monitoring Summary Report. The additional well installations are intended to complete the delineation of dissolved phase groundwater impacts within the surficial aquifer to a depth of approximately 25 to 30 feet (ft) below land surface (bls). Historical groundwater sampling from wells screened below the confining Hawthorn marine clays (starting at approximately 25 ft bls) at the Site indicate non-impacted groundwater conditions; however, a single replacement well is proposed for depths below the Hawthorn Group clays (i.e., screens deeper than 35 ft bls) per FDEP request. Table 1 presents the well construction details for all currently existing monitoring wells and the destroyed monitoring wells at on-Site locations. One (1) proposed location for COC delineation of the Upper Surficial aquifer (water table zone), one (1) proposed location for COC delineation of the Lower Surficial aquifer (zone immediately above the Hawthorn Group), and one (1) proposed location for COC delineation of the Intermediate aquifer (zone immediately below the Hawthorn Group) are depicted on the attached Figure 1. Geosyntec proposes to collect continuous soil core samples from the proposed well locations. Total depths will vary based upon depth of well at the drilling location. Where the lower lower surficial aquifer well is proposed the borings will extend to the top of the underlying Hawthorn Group (to be identified as an olive-green marine clay that is typical as the upper contact of the Hawthorn Group in this part of Pinellas County and specifically at the Site) and where the intermediate aquifer well is proposed the borings will extend past the bottom of the overlying Hawthorn Group and into the underlying limestone unit. All borings will be visually inspected, logged and field screened using a photo-ionization detector (PID). Terminal depths will be based on field observations by the lead Geosyntec field geologist. The lithologic inspection at each location will be used to select each well screen depth interval. FR8190 CGS Well and Sampling Proposal_15March2022_REV03 Mr. Brian Langille, P.E. 15 March 2022 Page 4 The monitoring well proposed for installation within the shallow surficial aquifer (i.e., water table) will have an approximate screen depth of 3 to 13 ft bls. The lower surficial aquifer monitoring well is proposed for installation at the base of the surficial aquifer (approximate screen depth intervals of 20-25 ft bls, depending upon observed lithology at the boring location). The intermediate aquifer monitoring well is proposed for installation just past the base of the Hawthorn Group clays (approximate screen depth intervals of 45-50 ft bls, depending upon observed lithology at the boring location). The two surficial aquifer wells will be installed via direct-push drilling utilizing threaded steel drive casing and constructed with prepacked screens consisting of a 1-inch diameter, 0.010-inch mill-slotted polyvinyl chloride (PVC) well screen surrounded by 20/30 silica filter sand contained within a stainless-steel mesh. The blank riser above the well screens will be 1-inch diameter threaded PVC well casing. A fine sand choke seal (30/65 size) will be gravity placed atop the well screen interval and the remaining annular space will be grouted to land surface. The intermediate aquifer well will be installed via sonic drilling methods utilizing 8-inch steel temporary override casing installed into the uppermost 5 feet of the confining unit (Hawthorn Group clays) to isolate the surficial aquifer from the intermediate aquifer during soil boring collection and well construction preventing introduction of any surficial aquifer COCs into the intermediate aquifer. Following the collection of each soil sample, all 4-inch by 6-inch steel casing and sampling rods will be decontaminated prior to the advancement of to the borehole by utilizing Alconox © detergent, scrub brushes, and a wet steam pressure washer. The intermediate well will be constructed with a screened interval consisting of a 2-inch diameter, 0.010-inch mill-slotted polyvinyl chloride PVC well screen surrounded by 20/30 silica sand filter pack. The blank riser above the well screen will be 2-inch diameter threaded PVC well casing. A 2-foot minimum bentonite seal (minimum 30 minute hydration time) will be placed atop the filter pack and the remaining annular space will be grouted to land surface. Geosyntec proposes to utilize drilling subcontractors ATI for the surficial aquifer well installations and PDS for the intermediate aquifer well installation (ATI and PDS are licensed by the state of Florida as a Water Well Contractors). The monitoring well installations (a total of 3 monitoring wells) are assumed for 2.5 days of field work. Each well will be installed with a flush-mount bolt-down manhole set into an approximate 12-inch by 12-inch concrete pad for protection from traffic. Each well will be developed until purge water measures below 20 Nephelometric Units (NTUs) using a calibrated turbidimeter. Investigation-derived waste (IDW) created during well installation activities will be containerized into 55-gallon steel drums at the Site for subsequent off-Site disposal. FR8190 CGS Well and Sampling Proposal_15March2022_REV03 Mr. Brian Langille, P.E. 15 March 2022 Page 5 Geosyntec assumes that surveying services from the City of Clearwater will be used to verify the datum for select and new monitoring wells. As such, no costs are included in this proposal for land surveying activities. Task 3 - Groundwater Sampling Task 3 includes the elements that will be performed to acquire additional data (both field data and laboratory measurements). This task includes the elements that will be performed to sample a total of thirty-eight (38) Site monitoring wells; the well network is assumed to consist of 35 pre-existing wells (listed on Table 1) and 3 new monitoring wells to be installed as described in Task 2, above. Task 3 includes collection of depth to water measurements within each existing monitoring well at the Site. The scope of work does not include sampling or measurement of any University of Waterloo multi-level well bundles. The scope of work does not include sampling of the shallow monitoring wells associated with the former UST assessment on the Pinellas County Health Department property (wells which include the “HD” prefix), except for well HDMW-9 (paired with MW-9D). The field sampling is assumed for 4 days by 2 staff level Geosyntec personnel. Monitoring well depth sounding will be conducted prior to groundwater sampling to verify the total depths of wells to calculate purge volumes. Monitoring wells that contain non-aqueous phase liquid (NAPL) will not be sampled for COCs. An electric water level indicator will be utilized to obtain groundwater elevations at monitoring wells. The measurements will be made to the nearest hundredth of a foot (±0.01) relative to the top of well casing measuring points. The measurements and resulting elevations will be used to evaluate groundwater flow direction and hydraulic gradient and for generation of potentiometric flow maps for each hydrogeologic unit. Field activities and sample collection will be performed in general compliance with the Florida Department of Environmental Protection’s (FDEP’s) Standard Operating Procedures (SOP) Manual (DEP-QA-001/01) promulgated in April 2002 and revised in March 2014. A copy of the site-specific Health and Safety Plan (HASP) will be retained on-Site and adhered to throughout all field activities. Task Hazard Analysis (THA) field forms specific to sampling have already been prepared by Geosyntec for use and will be referenced and followed during the field work. Geosyntec will conduct one round of groundwater sampling from thirty-eight (38) new and existing Site monitoring wells. The laboratory analytical testing for groundwater samples collected from permanent monitoring wells will be performed by TestAmerica Laboratories (Tampa, Florida). Samples will be collected using low-flow (quiescent) procedures consistent with FDEP standard operating procedure DEP-SOP-001/01 FS2200 Groundwater Sampling. Purging and sampling will be conducted with a peristaltic pump or an electric submersible pump, dependent FR8190 CGS Well and Sampling Proposal_15March2022_REV03 Mr. Brian Langille, P.E. 15 March 2022 Page 6 upon well depth; surficial aquifer monitoring wells will be sampled via peristaltic pump. Field monitoring parameters for stability will be monitored with calibrated equipment. Parameters will include temperature, pH, specific conductance, oxidation-reduction potential and turbidity. In the event a peristaltic pump cannot be used to purge a monitoring well due to water level depths relative to land surface, an electrical submersible pump will be on Site during the sampling event. Field monitoring of groundwater during purging and sampling will include the collection of the following data via calibrated field instrumentation: Depth to water table; Presence or absence of non-aqueous phase liquid (NAPL); pH (measured in standard units [S.U.]); Temperature (measured in degrees Celsius [oC]); Conductivity (measured in milli-Siemens per centimeter [mS/cm]); Oxidation Reduction Potential (ORP) (measured in millivolts [mV]); Dissolved oxygen (measured as mg/L); and Turbidity (measured as NTU). Groundwater samples will be analyzed at the laboratory for: Volatile organic compounds (VOCs) plus naphthalene by USEPA method 8260; and Polycyclic Aromatic Hydrocarbons (PAHs) by USEPA Method 8270-SIM. Groundwater samples will be stored on ice and shipped to TestAmerica via courier at the end of each sampling day. For quality assurance/quality control (QA/QC) purposes, two (2) samples will be collected and analyzed in duplicate, one (1) sample will be collected for matrix spike/matrix spike duplicate (MS/MSD) and two (2) field/equipment rinse blanks will also be collected. IDW created during groundwater sampling activities will be containerized into 55-gallon steel drums at the Site for subsequent off-Site disposal. Task 4 – FDEP Groundwater Report Upon completion of the monitoring well sampling activities, Geosyntec will prepare a summary letter report of the results for submittal to FDEP signed by a licensed Professional Geologist. The letter report will include updated groundwater analytical data tables and revised maps showing the monitoring well locations and extents of the dissolved phase MGP-related groundwater plume. FR8190 CGS Well and Sampling Proposal_15March2022_REV03 Mr. Brian Langille, P.E. 15 March 2022 Page 7 The groundwater sampling and analysis report will also provide monitoring well construction forms and lithologic logs to document well installation activities. The detailed report will be provided to CGS for one round of comments and revision prior to submittal to FDEP. It is anticipated that the submittal to FDEP will be made within approximately 60 days following completion of the field sampling work. This task includes performance of data validation review by a Geosyntec QA/QC practitioner regarding laboratory deliverables and data usability. The report will include a summary of field activities, field forms, sampling narrative, updated figures generated using geographic information system (GIS) and/or CAD files, potentiometric surface maps, chemical data tables and constituent concentration maps depicting analytical information obtained to provide a current understanding of the groundwater conditions and delineation extents within the surficial aquifer. No such report will be submitted to FDEP without prior approval from CGS. Task 5 – RAP and SEMP Geosyntec will prepare a written Site Environmental Management Plan (SEMP) which will be used in the management of any future construction activities at the Site. The purpose of the SEMP will be to prescribe the specifications for the proper handling and disposal of any contaminated media (soils, groundwater) that may be encountered by any person performing work, specifically intrusive activities (i.e., digging, trenching) on the CGS properties. The approximately 7-acre CGS property, including the former railroad property, has been redeveloped under the State’s Brownfield Program into a functional, modernized gas operations headquarters facility. The provisions of the SEMP will include the means and general methods for media management when penetrating the ground surface (engineered capping system), maintaining a safe work environment in the presence of potentially contaminated soil and groundwater, protecting the public from health, safety, and environmental hazards associated with exposed soil, groundwater, and vapors, and appropriate disposal or reuse of potentially contaminated soil and groundwater. Contaminant fact sheets and a summary of the anticipated chemical hazards will be included in the SEMP. It is envisioned that CGS workers and its contractors will abide by the terms of the SEMP whenever their work entails any activity that penetrates ground surface and/or that creates an enclosed space at ground level where vapors may accumulate. Geosyntec will prepare a RAP for submittal to FDEP which will be prepared consistent with the requirements of Chapter 62-780, Florida Administrative Code (F.A.C.). (Note: the Site has been transferred from the previous Consent Order mechanism to the Florida Brownfields Site Rehabilitation Agreement [BSRA] for State of Florida regulatory management.) The RAP will provide conceptual and generally generic design details for and the implementation of a soil FR8190 CGS Well and Sampling Proposal_15March2022_REV03 Mr. Brian Langille, P.E. 15 March 2022 Page 8 capping and barrier system to be installed at the Site (via redevelopment), designed to mitigate direct exposure to soils and groundwater and to minimize leaching to groundwater. The RAP will be prepared based upon the results from the proposed groundwater sampling round in conjunction with previous events (see Task 3 and Task 4, above). The RAP scope of work and associated costs assume that FDEP will be in agreement with both delineation and plume stability evaluations prepared for Task 4 and that no additional sampling would be required for the approval of the RAP and assessment tasks. The RAP will also provide descriptions for implementation of combination of restrictive covenants (RCs) and institutional controls (ICs) anticipated to be placed and executed upon on CGS properties and Pinellas County properties, as deemed necessary. The RCs and ICs would be required to establish the mechanism by which exposure, withdrawal and/or use of groundwater is prevented at the Site. Since no active remedial measures are currently planned for surficial aquifer groundwater impacts, this will be necessary as groundwater impacted by former MGP Site residuals is present at the Site and at off-Site locations. The RAP task will also include generating a GIS-based “shape-file” for use in the Southwest Water Management District ePermitting database for non-recorded institutional controls (NRICs) that prohibit groundwater use within the area of Site-related groundwater impacts. The task does not include completion of a specific use boundary survey (as the basis for the “shape-file”). It is assumed that surveying activities (i.e., specific use boundary survey) will be performed by the City of Clearwater surveying department; as such, costs for surveying are not included in this cost proposal. The RAP will include the justification for the proposed RCs, ICs, NRICs and soil cover system. Appropriate figures, tables and data will be included in the RAP. Additionally, the RAP will include an Engineering Control Maintenance Plan (ECMP) as an Appendix which will be a document that describes the engineering control, inspection, maintenance requirements pursuant to Chapter 62-780.680(7), F.A.C. For budgetary purposes, Geosyntec has assumed one face-to-face meeting with CGS, one face-to- face meeting with FDEP (pre-SEMP and pre-RAP submittal meeting, if needed), and one Site visit. The purpose of the face-to-face meeting with CGS will be to present the elements of the RAP and solicit feedback. Following the meeting with CGS, a pre-RAP/SEMP meeting (if deemed necessary) will be scheduled with FDEP (Southwest District office) to present to RAP and SEMP elements to solicit feedback with the goal of reducing to the extent practical any substantial review comments from FDEP. FR8190 CGS Well and Sampling Proposal_15March2022_REV03 FR8190 CGS Well and Sampling Proposal_15March2022_REV03 Mr. Brian Langille, P.E. 15 March 2022 Page 9 Task 6 – Project Management This task includes day-to-day project management activities, such as invoicing, file maintenance, invoice review, scheduling, contract maintenance, interaction between project team members, communications with client representatives (CGS and Baker Hostetler), other City of Clearwater team members, and FDEP, and other activities essential to ensure that the project objectives are met and project scope is completed within the allocated budget. During execution of the field work, updates will be provided to CGS and designated representatives of CGS. No meetings with FDEP are assumed in the Task 6 proposed scope or budget. PROPOSAL ASSUMPTIONS •All work can be performed in Level D personal protective equipment. •The existing Site-specific HASP (prepared in accordance with the requirements of 29 CFR 1910.120) will be utilized. The HASP covers activities to be completed during implementation of the proposed field activities. A copy of the HASP will be present during the performance of all field activities. •Costs are based upon the performance of proposed investigation activities during normal business hours (7:00 am through 5:00 pm) during weekdays. One Geosyntec field staff will be on-Site to perform the sampling work and PDS contractor oversight. Senior Geosyntec staff will be available off-Site during performance of the work for technical consultation by the field team. Additional budget may be required if investigation activities are conducted during off-hours (i.e. 5:00 pm through 7:00 am) and/or if weekend only work requirements result in multiple mobilizations. •Geosyntec costs assume that up to nine (9) 55-gallon drums of IDW will be generated during drilling and well installation and groundwater sampling activities. Drums will be secured on-Site for transport and disposal by Clark Environmental Services (Mulberry, Florida) as non-hazardous waste (additional budget will be required if hazardous waste disposal is required). •The on-Site property will be accessible to Geosyntec, ATI and PDS for monitoring well installation and can be utilized by Geosyntec for staging and storage of equipment during performance of the work and IDW following the completion of work. •Maintenance of traffic set-up/signage will not be required for completing on-Site drilling locations and sampling of monitoring wells. Mr. Brian Langille, P.E. 15 March 2022 Page 10 •A total of forty-one (43) analytical samples for VOCs by USEPA Method 8260 will be analyzed as part of Task 3, inclusive of quality assurance (QA) samples (e.g., duplicates, trip blanks, field blanks, etc.) for these samples. ESTIMATED COSTS Geosyntec estimates that the work described above can be completed for approximately $72,400. The estimated costs for the work described herein are summarized below: Proposal No. FR8190/Groundwater Assessment Table 1 - Summary of Estimated Costs TASK Labor Hours Labor Direct Expenses External Expenses ESTIMATED COST (rounded) Task 1 Mobilization & Procurement 12 $1,551 $1,600 Task 2 Drilling & Well Installation 34 $4,557 $389 $10,803 $15,800 Task 3 Groundwater Sampling 102 $11,518 $2,535 $8,079 $22,200 Task 4 FDEP Reporting 59 $8,074 $8,100 Task 5 RAP and ECMP 116 $18,026 $300 $18,500 Task 6 Project Management 39 $5,817 $300 $6,200 TOTAL 148 $42,633 $3,224 $18,882 $72,400 Optional All work proposed herein will be performed under the terms and conditions of the existing Engineer of Record (EOR) Agreement for Professional Services between City of Clearwater (City) and Geosyntec dated 27 June 2019. Services will be billed on a time and materials rate basis according to the existing terms of the EOR Agreement between City and Geosyntec. Geosyntec appreciates this opportunity to provide Clearwater Gas System and the City of Clearwater this proposal. If the estimated budget and proposed scope of work is satisfactory and acceptable, please advise Geosyntec with respect to procedures regarding the execution of a Work Order or Purchase Order applicable to the existing EOR Agreement. Geosyntec can proceed with planning and executing the proposed field task upon notice to proceed from CGS. It is anticipated that the well installation work can be completed within 30 days of notice to proceed. FR8190 CGS Well and Sampling Proposal_15March2022_REV03 Mr. Brian Langille, P.E. 15 March 2022 Page 11 FR8190 CGS Well and Sampling Proposal_15March2022_REV03 If you have any questions regarding this proposal or require more information, please do not hesitate to contact the undersigned at 813-379-4377 or via email at abrey@geosyntec.com. Sincerely, Luke Varner, GIT Staff Geologist Andrew P. Brey, P.G. Senior Geologist cc: Mr. William L. Pence, Esq. – Baker Hostetler Attachments: Table 1 – Well Construction Summary Figure 1 – Proposed Monitoring Well Locations Table 1 : Well Construction Summary Clearwater Former MGP Site 400 North Myrtle Avenue Clearwater, Florida Well ID Date Installed TOC Elevation (ft amsl) Riser/Screen Diameter (inch) Screen Top (ft bls) Screen Bottom (ft bls) Total Depth (ft bls) Depth to Water (ft bls) Water Level Elevation (ft amsl) Location 2021 Status MW-1 02/03/98 24.89 2 2.0 12.0 12.0 -- -- On-Site; northwest Destroyed MW-2 02/03/98 24.28 2 2.0 12.0 12.0 -- -- On-Site; north Destroyed MW-2D 02/02/98 24.24 2 27.0 32.0 32.0 -- -- On-Site; north Destroyed MW-3 02/02/98 24.91 2 2.0 12.0 12.0 -- -- On-Site; northeast Destroyed MW-3D 02/02/98 24.88 2 17.0 20.0 20.0 -- -- On-Site; northeast Destroyed MW-4 02/03/98 23.27 2 2.0 12.0 12.0 -- --On-Site; north-central Destroyed MW-5 02/03/98 24.93 2 2.0 12.0 12.0 -- --On-Site; north-central Destroyed MW-6 02/03/98 24.40 2 2.0 12.0 12.0 -- --On-Site; north-central Destroyed MW-7 02/06/98 27.03 2 2.0 12.0 12.0 4.72 22.31 Off-Site; northwest Intact MW-7D 01/28/99 24.92 2 27.0 32.0 32.0 -- --On-Site; northwest Destroyed MW-7DV 02/05/03 24.77 2 45.0 50.0 50.0 -- --On-Site; northwest Destroyed MW-8 02/05/98 23.91 2 2.0 12.0 12.0 4.22 19.69 On-Site; south Intact MW-9D 02/05/98 22.81 2 21.0 26.0 26.0 4.40 18.41 Off-Site; southeast Intact MW-10 02/05/98 22.71 2 2.0 12.0 12.0 3.77 18.94 Off-Site; southeast Intact MW-10D 01/27/99 22.58 2 27.0 32.0 32.0 3.71 18.87 Off-Site; southeast Intact MW-11 02/05/98 22.99 2 2.0 12.0 12.0 4.74 18.25 Off-Site; southeast Intact MW-11DV 03/16/01 22.76 2 27.5 32.5 32.5 18.42 4.34 Off-Site; southeast Intact MW-12D 04/07/99 23.78 2 14.0 19.0 19.0 3.44 20.34 Off-Site; east Intact MW-12DV 02/04/03 23.48 2 40.0 45.0 45.0 19.04 4.44 Off-Site; east Intact MW-13 01/27/99 24.48 2 2.0 12.0 12.0 -- -- On-Site; south Destroyed MW-13DV 02/05/03 25.02 2 45.0 50.0 50.0 -- -- On-Site; south Destroyed MW-14D 01/28/99 23.20 2 27.0 32.0 32.0 -- -- On-Site; northwest Destroyed MW-15 01/28/99 25.29 2 2.0 12.0 12.0 -- -- Off-Site; north Destroyed MW-15DV 03/16/01 25.48 2 35.0 40.0 40.0 21.03 4.45 Off-Site; north Intact MW-16 01/24/01 21.95 2 2.0 12.0 12.0 3.62 18.33 Off-Site; southeast Intact MW-17 02/18/03 23.95 2 2.0 12.0 12.0 -- -- On-Site; northeast Destroyed MW-17D 01/24/01 24.50 2 16.5 21.5 21.5 -- -- On-Site; northeast Destroyed MW-18 02/18/03 22.71 2 2.0 12.0 12.0 3.53 19.18 On-Site; east Intact MW-18D 03/15/01 22.93 2 12.0 17.0 17.0 -- -- Off-Site; east Destroyed MW-19 02/18/03 22.58 2 2.0 12.0 12.0 2.37 20.21 On-Site; east Intact MW-19D 06/10/02 22.91 2 11.0 16.0 16.0 -- -- Off-Site; east Destroyed MW-20 02/18/03 23.48 2 5.0 15.0 15.0 -- --On-Site; south Destroyed MW-21 9/10/2010 22.84 2 2.0 12.0 12.0 5.45 17.39 Off-Site; south Intact MW-22 9/10/2010 22.61 2 2.0 12.0 12.0 6.04 16.57 Off-Site; south Intact MW-22D 9/10/2010 22.67 2 18.0 23.0 23.0 6.02 16.65 Off-Site; south Intact MW-23D 3/10/2011 23.45 2 13.0 18.0 18.0 -- --On-Site; north-central Destroyed MW-24D 3/10/2011 25.26 2 16.0 21.0 21.0 3.75 21.51 On-Site; west Intact MW-25 3/11/2011 24.21 2 3.0 13.0 13.0 4.71 19.50 On-Site; south Intact MW-25D 3/11/2011 24.25 2 16.5 21.5 21.5 4.71 19.54 On-Site; south Intact MW-26 3/11/2011 24.3 2 5.0 15.0 15.0 4.25 20.05 On-Site; south Intact MW-27 4/10/2012 -- 2 2.0 12.0 12.0 -- -- On-Site; south Destroyed MW-28 8/2/2021 23.82 1 4.0 14.0 14.0 5.03 18.79 On-Site; southeast New Install MW-28D 8/2/2021 23.85 1 17.0 22.0 22.0 5.12 18.73 On-Site; southeast New Install MW-29 8/2/2021 24.89 1 4.0 14.0 14.0 4.71 20.18 On-Site; southwest New Install MW-29D 8/2/2021 24.87 1 22.5 27.5 27.5 4.76 20.11 On-Site; southwest New Install MW-30 8/3/2021 24.34 1 4.0 14.0 14.0 3.59 20.75 On-Site; north-central New Install MW-31 8/3/2021 24.64 1 4.0 14.0 14.0 4.48 20.16 On-Site; north-central New Install MW-32 8/3/2021 24.35 1 3.0 13.0 13.0 4.09 20.26 On-Site; northeast New Install MW-32D 8/3/2021 24.38 1 13.0 18.0 18.0 4.11 20.27 On-Site; northeast New Install MW-33 8/4/2021 24.84 1 3.0 13.0 13.0 2.64 22.20 On-Site; northwest New Install MW-34 8/4/2021 24.46 1 3.0 13.0 13.0 2.88 21.58 On-Site; north New Install MW-34D 8/4/2021 24.43 1 16.0 21.0 21.0 2.87 21.56 On-Site; north New Install MW-35 8/4/2021 24.92 1 24.0 29.0 29.0 3.12 21.80 On-Site; northwest New Install MW-36 8/5/2021 25.30 1 3.0 13.0 13.0 5.31 19.99 On-Site; north-central New Install MW-37 8/5/2021 22.22 1 14.0 19.0 19.0 3.37 18.85 On-Site; east New Install Notes: 1. "TOC" = top of casing elevation 2. "ft bls" = feet below land surface 3. "ft amsl" = feet above mean sea level (1988 NGVD) 4. Riser and screen materials are Schedule 40 polyvinyl chloride (PVC) 5. "--" = data not available Monitoring Wells FR8190 Page 1 of 1 Geosyntec Consultants &<&< &<&< &<&< &< &<&< &<&< &< &< &<&< &<&<&< &< &< &< &< &< &< &< &< &< &< &< &< &< &< &< &< &< &< &< &<&< &< &< &< &<&< &< &< &< &< &< &< &< &< &< &< &<&<&< &<&< &<&<&< &<&< &<&<&<&<&<&< &<&< &<&< &< &< &? &? &? &? &? &? &? &? &? &? &?&? &?&? &?&? &? &? &? &? &?&? &?&? Maple Street North Myrtle AvenueJones Street Hart Street DPT-9 DPT-8 DPT-7 DPT-5 DPT-3 DPT-35 DPT-34 DPT-33 DPT-32 DPT-28 DPT-30 DPT-31 DPT-21 DPT-20 DPT-25DPT-16 DPT-13 DPT-12 DPT-14 DPT-27 DPT-15 DPT-11 DPT-22 DPT-10 MW-8 MW-7 MW-22 MW-21 MW-19 MW-16 MW-18 MW-11 MW-10 MW-37 MW-36 MW-34MW-33 MW-32 MW-31 MW-30 MW-29 MW-28 MW-26 MW-25 MW-9D MW-35 MW-24D MW-22D MW-10D MW-12D MW-34D MW-32D MW-29D MW-28D MW-25D MW-12DV MW-11DV MW-15DV ML-8 ML-9ML-6ML-4 ML-2 ML-1 ML-10 HDMW-7HDMW-8 HDMW-1 HDMW-6 HDMW-5 HDMW-9 HDMW-4D MW-3 MW-2MW-1 MW-4 MW-6 MW-5 MW-27 MW-3D MW-2D MW-7D MW-17 MW-15 MW-13 MW-18D MW-23D MW-19D MW-17D MW-14D MW-7DV MW-13DV MW-20 ML-3 ML-5 ML-7 Path: (Titusville-01\DATA) T:\0GIS\FR8190_ClearwaterGS\MXDs\Sitelayout.mxd 01 December 2021. Last Edited by: CSaville Former Clearwater Manufactured Gas Plant 400 North Myrtle Avenue Clearwater, Florida Site Location Map Figure 1Tampa, FL December 2021 Legend &?Direct Push Technology (DPT) Drilling Location &<Upper Surficial Aquifer Monitoring Well Location &<Lower Surficial Aquifer Monitoring Well Location &<Deep Vertical Extent Monitoring Well Location &<Multi-Level Monitoring Well Location &<Health Department Monitoring Well Location &<Destroyed Monitoring Well Location Approximate Site Boundary 0 80 Feet ³Note: 2021 Aerial photo Source: Google Earth Pro. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0450 Agenda Date: 5/16/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Approve the Selection Committee’s recommendation for the Venue Management Operator RFQ and authorize city staff to engage in negotiations with Global Spectrum, LP dba OVG360 of Philadelphia, PA for the purpose of establishing an operating agreement for the Imagine Clearwater Performance Amphitheater. (consent) SUMMARY: On February 25, 2022, the City issued RFQ 18-22, Venue Management Operator. Three responses were received from qualified companies to provide professional venue management operations which will include the production of special events such as concerts, festivals, and year-round operations for the covered amphitheater at Coachman Park located on the downtown Clearwater waterfront. On April 14, 2022, a team of city staff representing the City Manager’s Office, Community Redevelopment Agency, Finance and Parks & Recreation Departments reviewed each response and conducted an evaluation of each firm. The responses provided by each vendor were subsequently evaluated based on three key areas of performance: (1) Demonstrated Experience of the Company and Project Personnel, (2) Project Methodology, Approach and Schedule, and (3) References. On April 26, 2022, the Selection Committee conducted interviews with the top two ranked companies, Global Spectrum, LP dba OVG360 and Ruth Eckerd Hall, Inc. to further assess their proposed project approach. After completion of the presentations, the Selection Committee is recommending Global Spectrum, LP dba OVG360 to provide venue management operations. Authorization for City staff to negotiate with Global Spectrum, LP dba OVG360 is requested in advance of preparing a final agreement to include finance incentives, financial returns to the city, and structuring of potential operational and partnership arrangements. Once negotiations have concluded, a final agreement will be brought back to Council for approval. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 5/13/2022 Procurement Division 100 S Myrtle Ave Clearwater FL 33756-5520 PO Box 4748, 33578-4748 727-562-4630 Tel REQUEST FOR QUALIFICATIONS #18-22 Venue Management Operator February 25,2022 NOTICE IS HEREBY GIVEN that sealed Statements of Qualifications will be received by the City of Clearwater (City) until 10:00 AM, Local Time, March 29, 2022 for a Venue Management Operator. Brief Description: The City of Clearwater is seeking a qualified company to provide professional venue management services for the new amphitheater at Coachman Park located on the downtown Clearwater waterfront. 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 Venue Management Operator 2 RFQ #18-22 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: March 29, 2022 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 SUBMIT RESPONSES TO: It is recommended that responses are submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. Respondents may mail or hand-deliver responses to the address below. E-mail or fax submissions will not be accepted. Use label at the end of this solicitation package City of Clearwater Attn: Procurement Division 100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520 or PO Box 4748, Clearwater FL 33758-4748 Responses will be received at this address. Respondents may mail or hand-deliver proposals; e- mail or fax submissions will not be accepted. No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a 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; LOBBYING NO-CONTACT PERIOD; QUESTIONS REGARDING SOLICITATION. From the time a competitive solicitation is posted until such time as the contract is awarded by the city or the solicitation is cancelled, all bidders, offerors, respondents, including their employees, representatives, and other individuals acting on their behalf, shall be prohibited from lobbying city officers, city employees, and evaluation committee members. INSTRUCTIONS Venue Management Operator 3 RFQ #18-22 Violation of this section may result in rejection/disqualification from award of the contract arising out of the competitive solicitation. All questions regarding the competitive solicitation must be directed to the procurement manager or designee, who will respond in writing and post such response to ensure that all respondents receive the same information during the No-Contact Period. The penalty for violating the No-Contact Period may include suspension or debarment 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. INSTRUCTIONS Venue Management Operator 4 RFQ #18-22 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. 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 RIGHT TO PROTEST. Pursuant to Section 2.562(3), Clearwater Code of Ordinances, a bidder who submitted a response to a competitive solicitation and was not selected may appeal the decision through the bid protest procedures, a copy of which shall be available in the Procurement Division. A protesting bidder must include a fee of one percent of the amount of the bid or proposed contract to offset the City’s additional expenses related to the protest. This fee shall not exceed $5,000.00 nor be less than $50.00. Full refund will be provided should the protest be upheld. No partial refunds will be made. 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 Venue Management Operator 5 RFQ #18-22 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 (pages 11-12) Points Demonstrated Experience of Company and Project Personnel (Tab 2) 35 Project Methodology, Approach and Schedule (Tab 3) 35 References (Tab 4) 30 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. If requested, the respondent must provide a formal presentation and/or interview. The location for these presentations and/or interviews will be determined by the City and may be held virtually. 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 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. INSTRUCTIONS – EVALUATION Venue Management Operator 6 RFQ #18-22 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: 02/25/2022 Advertise Tampa Bay Times: 03/02/2022 Responses due: 03/29/2022 Review responses/presentations: 03/29/2022-04/18/2022 Award recommendation: Week of 04/18/2022 Council authorization: May 2022 Contract begins: May 2022 DETAILED SPECIFICATIONS Venue Management Operator 7 RFQ #18-22 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. Coachman Park is located at 301 Drew Street in sparkling Downtown Clearwater behind the City’s Main Library, accessible from Drew Street or via Cleveland Street. This waterfront, open-air venue provides a magnificent backdrop for concerts, festivals, and exhibitions throughout the year. Currently Coachman Park is undergoing redevelopment, adding a $15-million, 4,000-seat covered amphitheater with additional lawn seating of 5,000 for a total estimated venue capacity of 9,000. When completed, the park will have a garden, playground, greenspace, trail, and gateway plaza, in addition to the amphitheater. Completion of the park project, which is part of the city’s $85 million Imagine Clearwater Master Plan, is slated for the summer of 2023. The park is currently managed by the City’s Parks & Recreation Department and maintained by both Parks & Recreation as well as the City’s Building and Maintenance Division. Additional information on Coachman Park and the City’s Imagine Clearwater project can be found at the following web links: ➢ Coachman Park: https://www.myclearwaterparks.com/facilities/facilities-amenities- locator/coachman-park ➢ Imagine Clearwater Project: https://www.myclearwater.com/residents/imagine-clearwater- new 3. SCOPE OF SERVICES. The City of Clearwater is seeking a qualified company with professional venue management experience in producing special events such as but not limited to: concerts and festivals (herein after referred to as “events”) to assist the City with year-round operations for the amphitheater at Coachman Park located on the downtown Clearwater waterfront. The selected company will work independently to ensure operational accountability of the amphitheater while minimizing City involvement in event operations. The awarded company will be responsible for the administration, talent acquisition, booking, production, marketing, staffing / venue operations, food, beverage, parking operations, security, vendor and merchandise, financial management, and coordination with City services. 4. MINIMUM QUALIFICATIONS. Respondents should have a minimum of five (5) years of direct related experience, preferably in a municipal setting. Additionally, respondents must have completed at minimum one (1) project of similar scope and demonstrate the ability to work with public safety on the development and implementation of approved safety plans. 5. INSURANCE REQUIREMENTS. The Vendor shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically, the Vendor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. DETAILED SPECIFICATIONS Venue Management Operator 8 RFQ #18-22 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. Professional Liability/Malpractice/Errors or Omissions Insurance coverage appropriate for the type of business engaged in by the Respondent with minimum limits of $2,000,000 (two million dollars) per occurrence. If a claim is made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless the prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (SERP) 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. d. Crime and Employee Dishonesty Insurance coverage must include fidelity insurance for reimbursement to an employer for these types of losses. Third-party fidelity coverage is also required to cover the acts of an employee against an employer's clients. Please provide coverage using ISO form CR 00 01 Employee Dishonesty Coverage Form or its equivalent and shall include ISO endorsement CR 04 01 Clients’ Property or its equivalent and ISO endorsement CR 20 14 Loss Payable or its equivalent. e. Unless waived by the State of Florida and proof of waiver is provided to the City, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $500,000 (five hundred thousand dollars) each employee each accident, $500,000 (five hundred thousand dollars) each employee by disease, and $500,000 (five hundred thousand dollars) disease policy limit. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. Other Insurance Provisions. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Vendor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured” on the Commercial General Liability Insurance and the Commercial Automobile Liability Insurance. In addition when requested in writing from the City, Vendor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Procurement Division, RFP #18-22 P.O. Box 4748 Clearwater, FL 33758-4748 b. Vendor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. Vendor’s insurance as outlined above shall be primary and non-contributory coverage for Vendor’s negligence. d. Vendor reserves the right to appoint legal counsel to provide for the Vendor’s defense, for any and all claims that may arise related to Agreement, work performed under this DETAILED SPECIFICATIONS Venue Management Operator 9 RFQ #18-22 Agreement, or to Vendor’s design, equipment, or service. Vendor agrees that the City shall not be liable to reimburse Vendor for any legal fees or costs as a result of Vendor providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and City’s failure to request evidence of this insurance shall not be construed as a waiver of Vendor’s (or any contractors’, subcontractors’, representatives’ or agents’) obligation to provide the insurance coverage specified. MILESTONES Venue Management Operator 10 RFQ #18-22 1. ANTICIPATED BEGINNING AND END DATE OF INITIAL TERM. May 2022 through May 2027 If the commencement of performance is delayed because the City does not execute the contract on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution. 2. EXTENSION. The City reserves the right to extend the term of this contract, provided however, that the City shall give written notice of its intentions to extend this contract no later than thirty (30) days prior to the expiration date of the contract. 3. RENEWAL. At the end of the initial term of this contract, the City may initiate renewal(s) as provided herein. The decision to renew a contract rests solely with the City. The City will give written notice of its intention to renew the contract no later than thirty (30) days prior to the expiration. Two (2), three (3) renewals are possible at the City’s option. RESPONSE FORMAT Venue Management Operator 11 RFQ #18-22 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, four (4) 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. 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 nineteen (19) total pages, including typed text, graphics, charts and photographs. The total page count does not include documents submitted for Tab 5, the tabbed separator pages, cover page, and back page. NOTE: Every proposal received by the City will be considered a public record pursuant to Chapter 119, Florida Statutes. Any response marked confidential may be deemed non- responsive to this RFQ. TAB 1 – Letter of Interest (two [2] pages). A letter of interest detailing qualifications, related experience, ability to perform the work and to meet the above referenced selection criteria. Name, address, contact person and phone number shall be provided. TAB 2 - Demonstrated Experience of Company and Project Personnel (eight [8] pages). A statement of qualifications, abilities, experience and expertise in providing the requested services. a. A description of what qualifies your company, financial and otherwise, to provide the City with these services for the required period of time, provide appropriate staffing, necessary resources and show a history of demonstrated competence. b. Identify the project managers(s) and individuals who will be assigned to the work as part of this project. Include resumes for each person to be assigned. c. Describe the direct experience in conducting similar services for each key staff members who will be contributing to the project, including their area of responsibility. TAB 3 - Project Methodology, Approach and Schedule (six [6] pages). a. Describe your approach to performing the scope of services. b. Provide a detailed business plan for the operation and management of the venue and how the plan will be implemented including identifying challenges and issues such as mitigation of potential noise impacts on surrounding businesses and residents. c. Provide a proposed schedule for the product delivery to include a statement of time commitment by the company to this project which supports the company’s ability to complete the events on schedule and on budget. TAB 4 – References (three [3] pages. A minimum of three (3) references, preferably from other public entities similar in size to the City of Clearwater, within the past five (5) years, for whom the proposer has provided similar services. Of the references provided, one (1) must include a project of similar scope. Each reference must include the name of the entity, address, contact person, telephone number, email address, an explanation of services and the dates of service. TAB 5 - 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. Exhibit B_Scrutinized Companies Form e. Exhibit C_E-Verifty Eligibility Form f. Copies of licenses and/or certifications if requested RESPONSE FORMAT Venue Management Operator 12 RFQ #18-22 g. 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 Venue Management Operator 13 RFQ #18-22 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 Venue Management Operator 14 RFQ #18-22 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: Provide supporting documentation for your certification, if applicable. RESPONSE CERTIFICATION Venue Management Operator 15 RFQ #18-22 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 Venue Management Operator 16 RFQ #18-22 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED RESPONSE Submitted by: Company Name: Address: City, State, Zip: RFQ #18-22, Venue Management Operator Due Date: March 29, 2022 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 #18-22, Venue Management Operator Due Date: March 29, 2022 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------------------------------------------------ Page 1 of 2 Addendum #1 RFP #18-22, Venue Management Operator March 21, 2022 NOTICE IS HEREBY GIVEN that the following addendum serves to provide clarification and to answer the questions received on RFP 18-22, Venue Management Operator. Question 1: Our staff has served from time to time as a resource for the city in decisions involving the amphitheater. The contact is initiated by parks and recreation staff and the questions vary from the type of equipment we would recommend to general operating information. Since its been ongoing as needed, I want to make sure that our staff is not crossing any lines in answering questions from city staff regarding the amphitheater during this consideration period that would disqualify us from the process? Answer to Question 1: Per City Code of Ordinance, Section 2.566 (1), the City has a no- contact period from the time a competitive solicitation is posted until such time the contract is awarded or cancelled. Question 2: Are you able to share who will be on the evaluation committee? Will it be comprised solely of city staff and elected officials? Answer to Question 2: The committee is comprised of: Jon P Jennings, City Manager; Jay Ravins, Finance Director; James Halios, Parks & Recreation Director; Kristopher Koch, Parks Senior Manager. Question 3: I have heard talk of a separate RFP for sponsorship and naming rights for the amphitheater. If so, is that RFP scheduled for release during this period? Sponsorship rights and operating rights are intertwined so it helps to know the city’s expectations in that regard. Answer to Question 3: On August 23, 2021, the City issued RFP 50-21, Asset Inventory, Valuation and Naming Rights Services. The Superlative Group, Inc., of Cleveland, OH, was the awarded vendor to provide these services. Question 4: Parking management is included in the RFQ as an operator responsibility. I am assuming that pertains solely to whatever parking is onsite at the amphitheater and does not extend to other parking locations that will service the events in the park? Answer to Question 4: Yes, parking operations pertains to onsite parking at the amphitheater. Question 5: Has the city determined what services will be provided by city maintenance and public safety staff, such as lawn and landscaping maintenance, utilities, fire and police requirements? Or will this be part of the discussion with the chosen operator? Answer to Question 5: Responsibilities will be part of the negotiations with the awarded vendor however, landscaping will be the responsibility of the City. End of Questions and Answers Page 2 of 2 All other dates and terms and conditions remain the same in this Request for Proposals. End of Addenda 1) Global Spectrum, LP 2) Just Imagine, LLC dba OVG360 1507 W Cypress St. 150 Rouse Blvd.Tampa, FL 33606 Philadelphia, PA 19112 727.452.6984 757.323.9380 3) Ruth Eckerd Hall, Inc. 1111 N McMullen booth Rd. Clearwater, FL 33759 727.291.7060 ADVERTISED: TAMPA BAY TIMES 3/2/2022 POSTED:myclearwater.com 02/25/2022-03/29/2022 Due/Opening: March 29, 2022; 10:00 a.m. REQUEST FOR QUALIFICATIONS No. 18-22 Venue Management Operator Solicitation Response Listing FOR THE CITY OF CLEARWATER RFQ #18-22, 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 #18-22, 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 #18-22, 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 #18-22, 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 #18-22, 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 #18-22, 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 #18-22, 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 #18-22, 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 #18-22, 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. RFQ #18-22, Exhibit B SCRUTINIZED COMPANIES FORM SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 3. “Boycott Israel” or “boycott of Israel” means refusing to deal, terminating business activities, or taking other actions to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli-controlled territories, in a discriminatory manner. A statement by a company that it is participating in a boycott of Israel, or that it has initiated a boycott in response to a request for a boycott of Israel or in compliance with, or in furtherance of, calls for a boycott of Israel, may be considered as evidence that a company is participating in a boycott of Israel; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by _______________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. ______________________________________ _ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE RFQ #18-22, Exhibit B SCRUTINIZED COMPANIES FORM SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM IF YOUR BID/PROPOSAL IS $1,000,000 OR MORE, THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaging in business operations in Cuba and Syria; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria; and 3. Business Operations means, for purposes specifically related to Cuba or Syria, engaging in commerce in any form in Cuba or Syria, including, but not limited to, acquiring, developing, maintaining, owning, selling, possessing, leasing or operating equipment, facilities, personnel, products, services, personal property, real property, military equipment, or any other apparatus of business or commerce; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by _______________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. ______________________________________ _ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE RFQ #18-22, Exhibit C E-VERIFY ELIGIBILITY FORM VERIFICATION OF EMPLOYMENT ELIGIBILITY FORM PER FLORIDA STATUTE 448.095, CONTRACTORS AND SUBCONTRACTORS MUST REGISTER WITH AND USE THE E-VERIFY SYSTEM TO VERIFY THE WORK AUTHORIZATION STATUS OF ALL NEWLY HIRED EMPLOYEES. 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 Contractor and its Subcontractors are aware of the requirements of Florida Statute 448.095. 2. The Contractor and its Subcontractors are registered with and using the E-Verify system to verify the work authorization status of newly hired employees. 3. The Contractor will not enter into a contract with any Subcontractor unless each party to the contract registers with and uses the E-Verify system. 4. The Subcontractor will provide the Contractor with an affidavit stating that the Subcontractor does not employ, contract with, or subcontract with unauthorized alien. 5. The Contractor must maintain a copy of such affidavit. 6. The City may terminate this Contract on the good faith belief that the Contractor or its Subcontractors knowingly violated Florida Statutes 448.09(1) or 448.095(2)(c). 7. If this Contract is terminated pursuant to Florida Statute 448.095(2)(c), the Contractor may not be awarded a public contract for at least 1 year after the date on which this Contract was terminated. 8. The Contractor is liable for any additional cost incurred by the City as a result of the termination of this Contract. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by _______________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. ____________________________________ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE MARCH 29, 2O22 Response to RFQ #18-22 Venue Management Operator NEW COACHMAN PARK AMPHITHEATER TABLE OF CONTENTS TABLE OF CONTENTS 1. LETTER OF INTEREST 2. DEMONSTRATED EXPERIENCE & PROJECT PERSONNEL 1 WHO WE ARE 2 WHAT WE BELIEVE 2 UNMATCHED EXPERIENCE 4 B-C. PROJECT MANAGERS 5 3. PROJECT METHODOLOGY, APPROACH, & SCHEDULE 9 MANAGEMENT PHILOSOPHY 9 SCOPE-OF-SERVICES 10 APPROACH TO BOOKING 12 BOX OFFICE & TICKETING 12 B. BUSINESS PLAN 13 C. PRODUCT DELIVERY SCHEDULE 13 4. REFERENCES 15 5. OTHER FORMS 19 A. EXCEPTIONS, ADDITIONAL MATERIALS, ADDENDA FORM 19 B. COMPANY INFORMATION FORM 19 C. RESPONSE CERTIFICATION FORM 19 D. EXHIBIT B_SCRUTINIZED COMPANIES FORM 19 E. EXHIBIT C_E-VERIFTY ELIGIBILITY FORM 19 F. COPIES OF LICENSES AND/OR CERTIFICATIONS IF REQUESTED 19 G. W-9 FORM 19 APPENDIX 21 CLIENT LISTS 21 LETTER OF INTEREST 11755 WILSHIRE BLVD., 9TH FLOOR • LOS ANGELES, CA 90025 OAKVIEWGROUP.COM 401 CHANNELSIDE DRIVE • TAMPA, FL 33602 VINIKSPORTSGROUP.COM March 29, 2022 Ms. Lori Vogel, CPPB Procurement Manager City of Clearwater 100 S. Myrtle Avenue Clearwater, FL 33756 Lori.vogel@myclearwater.com Dear Ms. Vogel, It is our sincerest pleasure to present you with OVG360’s and Vinik Sports Group’s (“VSG”) Proposal offering a full suite of services to the City of Clearwater (“City”) in response to your RFQ #18-22 for Venue Management Operator of your new Coachman Park Amphitheater (“CPA”). OVG360 is the newly branded division of Oak View Group’s Facilities division, offering an à la carte offering of services for our clients. The OVG360/VSG partnership was created to ensure that the City of Clearwater is in the best possible position to realize optimal return on your very important project in Coachman Park (“CP”). We fully understand how important the success of CP is to the future economic vitality of the City. We are certain our team is uniquely positioned to provide the necessary resources and support to achieve the best possible results for CP. You will reap the benefits from the combination of the most dynamic venue developer and operator in the world in OVG360, and the most successful and respected entertainment and venue company in the Clearwater/Tampa/St. Petersburg market in VSG. Together, we offer the City a partnership with two of the most dynamic venue services companies in our business. We will ensure you that YOUR new CPA operates with maximized programming variety and frequency – resulting in the highest return possible on your substantial investment. VSG has become the preeminent operator of entertainment and sports venues in the Tampa Bay region – providing management, marketing, and sales expertise to Amalie Arena, Yuengling Center (USF), and Raymond James Stadium. The marketing reach of VSG is unrivaled as they have a constantly updated database that reaches over 1.2 million people in your region. No other venue in the State of Florida has the marketing reach that VSG possesses, giving you the ability to effectively market the entire region to promote your event calendar. Touring artists want to perform in venues that give them the highest probability of success; this alliance will be especially attractive to artists, increasing their desire to perform in CP. Venues associated with VSG are also known for their constant commitment to providing the finest guest experience in any venue in the country. The partnership between VSG and OVG360 will make CP into an industry showcase for the best guest experiences found in any venue around the world. Oak View Group (“OVG”) was formed in 2015 by two of the most visionary and successful individuals in the entertainment, sports, and venue industries – Irving Azoff and Tim Leiweke. Irving has been the most prominent artist manager – handling the careers of performers such as Eagles, Jimmy Buffett, Harry Stiles, Bon Jovi, Doobie Brothers, John Mayer, and Chicago. He also served as Chairman of Ticketmaster, Live Nation, MCA Universal, Global Music Rights, and Iconic Artists Group. Irving’s involvement helps to generate the maximum concert content for venues operated, booked, and marketed by OVG360. Irving personally drives touring artist to venues that we operate - the same will be true in CP. Every venue managed and programmed by OVG360 has seen dramatic increases in both the quantity and quality of concert activity once we became involved. For example, we recently opened the new Enmarket Arena in Savannah, GA. With a seating capacity of 8,000 we have already booked concerts with Eagles, Bon Jovi, Jimmy Buffett, Morgan Wallen, Earth Wind & Fire, Alan Jackson, Keith Urban, and many other major touring attractions. You can expect the same quality of artists to perform in Coachman Park. Together with Irving, Tim founded OVG with the objective to be the most creative and entrepreneurial enterprise in the live entertainment venue industry. As Co-founder, CEO, and President of AEG (now ASM Global), Tim helped create and develop Staples Center, LA Live!, and other major entertainment destinations in London, Berlin, and Kansas City. He also served as Chief Executive of the LA Kings and Toronto Maple Leafs of the NHL; LA Galaxy and Toronto FC of the MLS; and the Toronto Raptors of the NBA. Under the leadership of Irving and Tim, OVG360 has developed over $6 Billion in new venues and now provides venue food and beverage services to over 250 amphitheaters, performing arts facilities, arenas, convention centers and stadiums. In Florida alone, we work with venues in Tampa, Jacksonville, Ft. Lauderdale, Miami, Orlando, West Palm Beach, Coral Gables, Homestead, Tallahassee, and Daytona Beach. We clearly have the people power and local oversight needed to make sure we can provide you with the highest levels of guest experiences and support. OVG’s premium sales and sponsorship division, OVG Global Partnerships, is the leading industry agency for the sale of Naming Rights and Corporate Partnerships and has secured more venue sponsorships in the past two years than any other similar firm. If requested, OVG Global Partnerships will actively begin marketing partnership opportunities for Coachman Park – driving significant revenues to YOUR bottom line. We also believe a significant market exists for a variety of premium product options. OVG360 and VSG are willing to consider an investment so we can create and build the premium product that the Clearwater market will support. By having the proper premium mix in the design, we can immediately begin to promote CPA, resulting in a positive impact on the venue’s financial performance from Day 1. We are acutely aware of the significant role that the new CPA is expected to play in the revitalization of Downtown Clearwater. We envision making CP and Clearwater into one of the most vibrant arts and entertainment destinations in the State of Florida. The OVG360/VSG partnership suggests the following programming initiatives that will give Clearwater recognition as a major venue and arts/entertainment community in the state, country, and internationally. A few of our initiatives are: Spring Training for Orchestras - Partnering with the Florida Symphony to create an International Orchestra Festival that will include major symphony orchestras performing around the world to establish Clearwater as an international arts and music destination. We anticipate this event will deliver significant economic impact to the City as it will be marketed regionally, nationally, and internationally. This event will be hosted on an annual basis and will be proprietary to Clearwater and Pinellas County. Partnering with major event promoters such as AEG, Live Nation, Feld Entertainment, Outback Concerts, and others to create a “must play” perception of the new CPA and the City of Clearwater. We will actively solicit all major event promoters to foster one of the most desirable venues and markets in the US. Provide guests with a world-class food and beverage program that will feature some of the most acclaimed chefs in Clearwater and generate national and international recognition as the finest food and beverage experience found in any performance venue in the US. We plan on showcasing the finest chefs in Clearwater to create a reputation that will attract “foodies” to both the Pavilion and to restaurants in Clearwater. Our food and beverage experts will support CP with a team that already works in major markets across Florida, including marquee venues such as Dr. Phillips Performing Arts Center in Orlando. We will focus on events that economically benefit the City and Pinellas County and will work closely the St. Petersburg Clearwater Area Convention and Visitors Bureau and the Tourism Development Council to create “homegrown events” designed to generate maximum economic impact to Clearwater and Pinellas County. OVG360 is unlike any other venue management company in the sports, hospitality, and live events industry. We authentically understand the challenges and frustrations that owner/operators face because we are owners. We invest in what we do, with a purpose of changing the world by leading through example. We own, build, and operate buildings. We put our own capital, our own reputations, and our own expertise on the line each and every day. We are, in fact, our clients’ champions. We believe that the partnership between OVG360 and VSG provides the City of Clearwater with the best opportunity to ensure your substantial investment in Coachman Park is protected and maximized. Your city and new venue will become partners with two of the most respected and dynamic companies in the entertainment and hospitality industry. We look forward to discussing our vision and proposal with you soon. Thank you for considering OVG360 and Vinik Sports Group. Sincerely, Peter Luukko Steve Griggs Co-Chairman, OVG360 & OVG Arena Alliance Chief Executive Officer, Vinik Sports Group DEMONSTRATED EXPERIENCE OF COMPANY AND PROJECT PERSONNEL OVG360 Response to RFQ #18-22 Venue Management Operator - Clearwater New Amphitheater 1 A POSITIVE DISRUPTION TO BUSINESS AS USUAL IN THE LIVE ENTERTAINMENT AND HOSPITALITY INDUSTRIES 2. DEMONSTRATED EXPERIENCE & PROJECT PERSONNEL WE WILL CREATE AN EXCEPTIONAL PARTNERSHIP OF WORLD-CLASS, GROWTH-ORIENTED ORGANIZATIONS THAT WILL ENABLE AN ENHANCED FAN EXPERIENCE, INCREASED CONTENT IN THE VENUE, AND GREATER REVENUE OPPORTUNITIES FOR ALL. 5,000+ EMPLOYEES 8,900+ LIVE EVENTS 234 OPERATING, BOOKING, & CONSULTING VENUES 102+ MILLION HOSTED ATTENDEES OVG IS STRONG AND GROWING OVG was founded and is led by two of the most creative and influential individuals in the live entertainment industry - Tim Leiweke and Irving Azoff, who have made OVG the world’s leading sports and entertainment development firm. Under the leadership of Peter Luukko, Co-Chairman or OVG360 and OVG Arena Alliance, we are the world's fastest growing venue management company. TOGETHER Led by INDUSTRY ICONS OVG360 Response to RFQ #18-22 Venue Management Operator - Clearwater New Amphitheater 2 2. DemonstrateD experience & project personnel We are here to be aWe are here to be a POSITIVE DISRUPTION to business as usual in the live to business as usual in the live entertainment and hospitality entertainment and hospitality industries. industries. WHAT WE BELIEVE THE LARGEST DEVELOPER OF SPORTS & ENTERTAINMENT FACILITIES IN THE WORLD WITH OVER $5.3B IN CAPITAL CURRENTLY DEPLOYED...and growing A Strategic Partner of THE WORLD’S LARGEST LIVE EVENTS PROMOTER WHO WE ARE With unmatched booking relationships WITH ALL PROMOTERS - OPEN VENUE POLICY OVG360 Response to RFQ #18-22 Venue Management Operator - Clearwater New Amphitheater 3 2. DemonstrateD experience & project personnel VSG CREATES WORLD-CLASS EXPERIENCES THAT GROW BRANDS, DRIVE REVENUE, AND IMPACT OUR COMMUNITY. 1.2+M FULL ACCESS NEWSLETTER DATABASE TAMPA BAY LIGHTNING EMAIL DATABASE with 520,000+ with 520,000+ SUBSCRIBERSSUBSCRIBERS and and SEASON TICKET HOLDERSSEASON TICKET HOLDERS& 6,000+ engaged Lightning & 6,000+ engaged Lightning season ticket holders & partnersseason ticket holders & partners OVG360 Response to RFQ #18-22 Venue Management Operator - Clearwater New Amphitheater 4 2. DemonstrateD experience & project personnel UNMATCHED EXPERIENCE Moody Center at University of Texas at Austin Austin, TX Climate Pledge Arena Seattle, WA Co-op Live Manchester, England UBS Arena Elmont, NY Acrisure Arena Coachella Valley, CA Enmarket Arena Savannah, GA São Paulo Arena São Paulo, Brazil OVG360 has opened 100+ venues across North America, many of which are similar to CPA. As your partner, we will bring forth the best minds in the business to provide recommendations and oversight, create opportunities, provide financial resources, and ultimately assist in making CPA the success the community wants and needs. OVG360 is developing and managing industry changing venues and cannot wait to deploy all our resources into the CPA. As the largest developer of sports and entertainment facilities worldwide, we can bring this unique skill set to help navigate every stage of this process including pre-opening, FF&E purchasing, and design review, strategically positioning CPA for maximum success. Grand Opening Events: Eagles, New Edition, Bon Jovi, Jimmy Buffett, Jason Aldean Grand Opening Events: Billie Eilish, Harry Styles, Eagles, New Kids on the Block, Marc Anthony Grand Opening Events: Coldplay, Andrea Bocelli, Eagles, Paul McCartney, Dave Chappelle Grand Opening Events: George Straight, Dave Matthews Band, Eagles, Justin Beiber, Kevin Hart Yuengling Center Tampa, FL Grand Opening Events: Tyler, the Creator; Trevor Noah; Jo Koy AMALIE ARENA: John Mayer, Bon Jovi, Eagles, Harry Styles, Smashing Pumpkins OVG360 Response to RFQ #18-22 Venue Management Operator - Clearwater New Amphitheater 5 2. DemonstrateD experience & project personnel B-C. PROJECT MANAGERS The combined OVG360 and VSG team will provide the City of Clearwater access to an unprecedented group of industry professionals whose entire goal is to make the new amphitheater a world-class destination for concerts, events, and the performing arts. No other company or organization has the combined resources of our two enti- ties. OVG360's and VSG’s corporate personnel are comprised of experienced industry veterans who have worked in every facet of the sports and entertainment industry. OVG360's and VSG's teams of professionals are eager and prepared to share their expertise with the City and its CPA. The corporate resumes of our key staff members who we have Identified as project managers and the individuals who will be assigned to the work as part of this project are summarized below. The summary below includes a description of their direct experience in conducting similar services including their area of responsibility. Name Title Years of Experience Area of Responsibility Peter Luukko Co-Chairman, OVG360/OVG Arena Alliance 40 Oversees growth for the company by acquiring new facilities, manag- ing relationships with promoters, artists, and managers, and consult- ing with developers, city officials, and team owners. Steve Griggs Chief Executive Officer, VSG 30+Local support Kevin Preast Chief Venue Officer, VSG 25+Project Manager, Venue/Booking Local support Doug Higgons SVP, OVG360 30+Project Manager, Venue/Booking Michael Ahearn SVP, Operations, OVG360 30+Pre-opening and operational oversight and support Trent Merritt RVP, OVG360 15+Regional and local oversight and support Chris Nelson RVP, OVG Hospitality 30+Food & Beverage oversight Thomas Anastasia RVP, OVG Hospitality 30+Project Manager, Food & Beverage Local support Claire Eichler Project Manager, OVG Hospitality 15+Food & Beverage oversight Kevin Grove Director, OVG Arena Alliance 30+Regional Booking support Dan Griffis President, OVG Global Partnerships 30+Sponsorship sales Bryan Furey SVP, OVG Global Partnerships 30+Sponsorship sales OVG360 Response to RFQ #18-22 Venue Management Operator - Clearwater New Amphitheater 6 2. DemonstrateD experience & project personnel PETER LUUKKO Chairman , OVG360,Co-Chairman, OVG Arena Alliance Peter Luukko, Co-Chairman for OVG360 and OVG Arena Alliance, is instrumental in overseeing growth for the company by acquiring new facilities, managing relationships with promoters, artists, and managers, and consulting with developers, city officials, and team owners. Additionally, he is Executive Chairman of the Florida Panthers Hockey Club and Sunrise Sports and Entertainment. Under Peter’s leadership, the franchise experienced a significant increase in ticket and corpo- rate partnership revenue and increased bookings in a variety of prominent shows at the FLA Live Arena. Peter previously served as President and Chief Operating Officer of Comcast-Spectacor, L.P. overseeing the Philadelphia Flyers, while serving as a member of the NHL Board of Governors. Tim Leiweke brings unmatched expertise in developing world-class arenas serving sports and live entertainment. He is a visionary leader and veteran in the sports and entertainment industry with over 30 years of executive experience. He has designed, built, and operated iconic venues across the globe, and has also led the development of championship teams in the NBA, NHL, MLS, AHL, and DEL. TIM LEIWEKE Chairman , OVG JEFF VINIK Owner/Chairman, VSG Jeff Vinik purchased the Tampa Bay Lightning on March 3, 2010, promising a comprehensive transformation of the franchise while pledging to make a significant positive impact in the Tampa Bay community, and he has delivered. Upon acquiring the Lightning, Vinik vowed to make the organization “world-class,” creating an unrivaled fan experi- ence while putting together a team of which Tampa Bay sports fans would be proud, on and off the ice. STEVE GRIGGS Chief Executive Officer, VSG Steve Griggs is the CEO of the Tampa Bay Lightning and AMALIE Arena. Griggs, who joined the organization as COO in 2010, is responsible for all the organization’s business operations, including all concerts and events at AMALIE Arena and the Yuengling Center on the campus of the University of South Florida. A veteran of the sports and entertainment industry, Griggs has also worked for Maple Leaf Sports and Entertainment, the Minnesota Wild, and the Orlando Magic, playing an instrumental role in the opening of new venues in all three locations. While in Tampa, Griggs has led the organization to unprecedented heights in the industry; highlights including more than 250 consecutive sell- outs for the Lightning and the number one ranking in ESPN’s annual Ultimate Sports Rankings for 2016. Irving Azoff is a music mogul with key artist insight Azoff has over 40 years experience in the entertainment industry, and Billboard has named him the most powerful person in the music industry. In 1974, he founded Front Line Management and became the exclusive manager for the likes of the Eagles, Fleetwood Mac, Travis Scott, Harry Styles, Christina Aguilera, Journey, Bon Jovi, and Van Halen. He later became CEO of Ticketmaster, Chairman of Live Nation, and Chairman and CEO of MSG Entertainment. IRVING AZOFF Board member , OVG OVG360 Response to RFQ #18-22 Venue Management Operator - Clearwater New Amphitheater 7 2. DemonstrateD experience & project personnel Doug Higgons is a 30+ year veteran of public assembly facility management with experience in administration, opera- tions, marketing, booking, pre-opening services, and event operations for arenas, theaters, stadiums, and conference centers. He has provided invaluable assistance in the design, construction, grand opening, renovation, operations, and transition phases of over 35 different venues. Doug has vast experience in management and operations for the Olympics which traces back to 1996 when he was involved in event services for the Atlanta Olympic Games. He later served as the Deputy General Manager for the Utah Olympic Oval during the 2002 Winter Olympic Games in Salt Lake City. Doug also has a diverse background in venue security, DOUGLAS HIGGONS Senior Vice President , OVG360 CHRIS NELSON Regional Vice President , OVG Hospitality Chris is a top-performing hospitality executive with deep industry experience leading multiple lines of business— education, sports and convention centers—with sustained and measurable success. Chris previously served as EVP of AVI Foodsystems for their Education and Leisure & Entertainment divisions, which drove over $200 million in revenue. Within the Leisure & Entertainment Division, Chris oversaw athletic and convention center contracts. His background also includes various leadership positions with Compass Group North America’s Chartwells Educational Dining Service and with Sodexo-run venues, such as Southeast Missouri State University and University of Illinois at Chicago. Chris oversees OVG Hospitality’s operations in the East to optimize results, pursue operational excellence, drive best-in-class guest services, and build long-term relationships with clients and employees. THOMAS ANASTASIA Regional Vice President , OVG Hospitality Thomas Anastasia provides on-site managers with guidance and support for day-to-day and long range planning – ensuring successful food and beverage operations so that financial goals are met and memorable experiences are created for clients and guests. Tom has over two decades in public venue food and beverage service. This time has been spent with two leading companies, and his experiences have shaped his manner of operation. Tom studied computer science at Florida College in Jacksonville, FL, and he also studied the cornerstones of guest service at Disney University. Bryan Furey leads the company’s Partnerships division. In this position, he generates profitable growth for OVG360-man- aged venues and properties across North America through the sale of naming rights, sponsorship, advertising, pouring rights, premium seating, and other commercial rights. Bryan oversees the division’s day-to-day operations. His team rep- resents over 100 clients, and has sold 40+ naming rights deals in the past decade — generating over $75 million in gross sponsorship sales each year. Bryan has been with the company for over a decade, growing through various roles includ- ing Project Manager and RVP. Bryan previously spent time working with IMG, managing events and selling sponsorships and premium seating for a roster of entertainment properties and high-profile athletes. BRYAN FUREY Senior Vice President , Partnerships, OVG Global Partnerships As President of Global Partnerships for OVG, Dan currently leads all revenue across the company including OVG’s arena development projects. Dan, a former senior marketing executive at Target Corporation, helped start OVG in 2015 and has since built one of the highest performing teams in the industry - which recently won the SBJ Sports Business Award for best Sales, Consulting and Client Service in 2021. Dan was the “Curator of Pop Culture” for the Target brand for many years running marketing across fashion, sports, entertainment, CSR, grocery and home. He also spent a decade as the head of marketing and sales for Chip Ganassi Racing Teams and started his career at KPMG as a management consultant and profitability expert. Dan earned a degree with honors in history and economics from The College of Wooster and an MBA with distinction from the University of Michigan. Dan is also proud to serve on the Sport Management Advisory Board (SMAB) at the University of Michigan and the Board of Directors at Grambling State University. DAN GRIFFIS President , OVG Global Partnerships OVG360 Response to RFQ #18-22 Venue Management Operator - Clearwater New Amphitheater 8 2. DemonstrateD experience & project personnel KEVIN GROVE Director, OVG Arena Alliance Kevin Grove joined OVG in 2017 after serving as Vice President of Event Programing for Sunrise Sports & Entertainment, the parent company of FLA Live Arena and the Florida Panthers. Kevin has over 30 years of experience in the venue management, concert promotion and advertising industries. He is former Vice President and Assistant General Manager for Hicks Cedar Park, parent company of Cedar Park Center (Now H-E-B Center) and the Texas Stars hockey club in the Cedar Park suburb of Austin, TX. There, he led the event booking and marketing departments and shared business op- erations oversight across all departments as part of the executive management team. Grove also managed a consulting partnership with the Dallas Stars operated Dr Pepper Arena in Frisco, TX. KEVIN PREAST Chief Venue Officer, VSG Kevin Preast serves as the Chief Venue Officer for Vinik Sports Group, previously the Executive Vice President of Event Management, after joining the company in 2015. Preast is an experienced booking and marketing professional with over 25 years of experience in the industry. He graduated from University of South Florida before joining Tampa’s “Ice Palace” team in 1996 as Executive Services and Sales Manager. Preast also worked for the arena and the Lightning as Group Sales and Service Manager before joining the Tampa Bay Rays in 1999 and Phillips Arena later that same year where he worked in a variety of roles with the arena and its professional sports teams including the Atlanta Thrashers (NHL), the Atlanta Hawks (NBA) and the Atlanta Dream (WNBA). Claire Eichler provides layout and design services for kitchen and concession spaces, food service equipment specification and procurement, and on-site project management installation for OVG360 and OVG Hospitality clients. Claire graduated from the University of North Florida, where she received her Bachelor of Science in Health and Nutrition. After college she moved to Colorado to intern for Ricca Design Studios, a food service consulting firm. Claire also worked as a food service equipment manufacturer’s representative for Ignite Foodservice located in Denver, CO. CLAIRE EICHLER Project Manager , OVG Hospitality Trent oversees the daily operations of numerous OVG360 properties. Previously, he held several positions including Event Manager at the Wells Fargo Center in Philadelphia; the AGM of Budweiser Gardens, in London, Ontario; GM of the WFCU Centre, in Windsor, Ontario; and GM at the University of South Florida Sun Dome. Under Trent’s leadership, the USF Sun Dome ranked 4th among all university venues in the nation with a capacity of 10,001-15,000 according to VenuesNow Magazine – based upon total gross ticket sales and attendance. Trent is a member of Florida Facilities Managers Association (FFMA), IAVM, and Pollstar. In addition to membership in FFMA, Trent is a Board of Directors member, and he serves on the Chair Operations Seminar Committee. TRENT MERRITT Regional Vice President , OVG360 MICHAEL AHEARN Senior Vice President , Operations, OVG360 Michael Ahearn uses his vast domestic and international venue management experience to elevate OVG’s facility operations throughout North America. In his position, he oversees Facility Operations Departments at all OVG-managed facilities. He also leads OVG’s Facility Consulting Division, which offers stand-alone venue planning, operations, and procurement services. Michael has held key positions at venues around the world, including Event Manager for the Sheffield Arena in England; Box Office Manager at the Spectrum in Philadelphia, PA; and Sport Complex Director at the Jacksonville Sport & Entertainment Complex in Jacksonville, FL. Michael holds a bachelor’s degree from Widener University in Chester, PA. PROJECT METHODOLOGY, APPROACH, AND SCHEDULE OVG360 Response to RFQ #18-22 Venue Management Operator - Clearwater New Amphitheater 9 3. PROJECT METHODOLOGY, APPROACH, & SCHEDULE MANAGEMENT PHILOSOPHY OVG360 and VSG will offer the City of Clearwater an operating plan that cannot be replicated. We bring the CPA a plan that fulfills the City’s vision of making the amphitheater a world-class venue that takes advantage of the beautiful surroundings and sets the venue apart from any other in the country. We are prepared to put the CPA on the world map as one of the best locations in the country for entertainment and the performing arts. In addition to the local resources of VSG and the premier entertainment relationships of OVG360, we bring the City a full-service food & beverage company and best in the industry naming rights, premium seating, and sponsorship sales. We have the vision and resources to make CPA financially successful while remaining accountable to the local commu- nity, as Coachman Park is a community asset. OVG360's and VSG’s venue management philosophy is simple – our mission is to work as an agent for the City of Clearwater to execute your goals and objectives as they pertain to CPA. We will act as your partner but manage your venues as if it were our own. Our management approach is to deliver the following: CLIENT-DRIVEN RESULTS City will establish the goals and vision for its CPA. OVG360 will create management plans that are consistent with those goals. PARTNERSHIP OVG360 believes in partnership management. We provide the very best in support, resources, and systems to allow our staff to be successful in our partnership with the City. FLEXIBLE THINKING We create an environment that encourages our team to adopt and evolve the customized oper- ating plan specifically designed for the CPA. HIGH-QUALITY STAFF OVG360 recruits and has access to the best and brightest minds in the industry by providing growth opportunities to ou employees. We are a company that prides ourselves by putting our clients and staff first. Their success is the foun- dation of our company’s success. CONTENT AND MAXIMIZED UTILIZATION OVG360 is uniquely capable of bringing events to the CPA. We will use our unmatched live entertainment resources to deliver new nation- ally touring events, as well as additional regional events consistent with the goals and objectives established by the City COMMUNICATION We will maintain an open, honest, and on-going dialogue with the City, the local community, and our staff in all areas of operations including booking, operations, finance, marketing, and food and beverage management. ACCOUNTABILITY OVG360 believes in a relationship where we are held accountable for everything we do, and everything we promise to do. DIVERSITY We are committed to diversity in the workplace by cultivating diversity within our company and encouraging the hiring of minorities and women for senior positions within OVG and at our venues. The foundation of our management and operations plan for CPA will be: • Meet with various City officials to fully understand the their goals and objectives for its CPA. • Identify and establish communication with appropriate City officials and its stakeholders. • Meet with event promoters and producers to inform them of the CPA’s capabilities of hosting special events. Conduct additional market research in the areas of demographics, competitive venues, and media in order to broaden the ticket buying base for all events. • Work with City and appropriate departments to create a Marketing Plan for utilization at the CPA and develop materials necessary to support the Plan. • Maintain city community relations and exposure to the entertainment and meeting industry through constant OVG360 Response to RFQ #18-22 Venue Management Operator - Clearwater New Amphitheater 10 3. project methoDology, approach, & scheDule contact, by means of media releases, promotions, advertising, and direct meetings. All of this will all be done in conjunction with the City so our operating plans will be coordinated to maximize our mutual goals. Our basic philosophy is to be your PARTNER in maintaining and operating the CPA. We will work with the City on the following: • Establish and Agree on an Operating Budget • Staffing Plan • Operations & Maintenance Plan • Internal Communications Plan • Specific Financial Procedures and Systems • Overall Business Plan APPROACH TO MANAGEMENT The OVG360 approach to management is to build an operating plan unique to the CPA that achieves the results the City wants, including: INCREASED FACILITY USAGE • No venue management company has as strong relationships in the live entertainment as OVG360. Our relationship and partnerships with Live Nation and FELD Entertainment are just two examples. that will positively impact CPA. We will find more events for the City. • We will work with the City and public agencies to turn local event ideas into reality, from concerts, and arts and cultural events, to regional and com- munity events. FOCUS ON THE BOTTOM LINE • We will create efficient operating plans. • We negotiate more profitability into each event. • We increase advertising sales and event sponsor- ships. • We negotiate the lowest possible vendor rates for supplies and services. • Using our proven specialists, we will attain the lowest possible rates for workers’ compensation insurance, employee benefits, and public liability insurance. ACCOUNTABLE FINANCIAL DECISIONS • The City will receive and be a part of creating and approving our annual budget. • The City will receive accurate monthly and yearly reports, detailing venue’s activity. • The OVG360 financial records for the amphithe- ater are open to review at any time. FOCUS ON STAFF • OVG360 will promote an open and direct line of communication among OVG staff, clients, and building managers, allowing them to share ideas, establish goals, and discuss mutual concerns. • OVG’s philosophy of open communication with staff creates a work environment that encourages creativity and a setting where everyone is selling. GUEST EXPERIENCE • Our service program encourages and rewards pro-active service initiatives by employees. • Each and every employee at the facilities will be empowered to solve problems. • Guests and users of the CPA will be surveyed to ensure management is aware of their experience, so service programs and staff training can be altered to create a better experience. SCOPE-OF-SERVICES Budgeting- Prepare annual budgets, provide monthly tracking, identify capital improvement opportunity Content & Scheduling - Maximize event activity and show profitability Labor Relations - Ensure positive, collaborative labor relations with key unions (stagehands, electricians, IATSE, etc.) Staffing & Customer Service- Recruit, develop, and retain diverse event staff to ensure best-in-class customer experiences Operational Excellence- Proactive maintenance, repair, upkeep, and on-going inspections to ensure quality front- of-house and back-of-house environments Sanitization & Ventilation - Implement rigorous cleaning & sanitization protocols in support of public health and COVD-19 protocols Parking & Mobility Services - Provide innovative parking solutions to improve performance, drive profitability, and prepare for future redevelopment needs Public Safety - Manage public safety and crowd control in accordance with best practices; provide on-going “Red Team” audits to ensure compliance with protocol Sustainability - Enhance existing operations with an eye toward greater venue sustainability Redevelopment - Coordinate with City to ensure operational efficiency and maximum profitability OVG360 Response to RFQ #18-22 Venue Management Operator - Clearwater New Amphitheater 11 3. project methoDology, approach, & scheDule PREMIUM & SPONSORSHIP SALES OVG Global Partnerships is Oak View Group’s sponsorship and storytelling division. Led by a team of former senior marketing executives for Fortune 500 companies, OVG Global Partnerships connects world class sport and entertainment properties with world class brands who want to build and communicate a compelling story to their customers through sports and live entertainment. They are relentless in their pursuit to help clients drive unparalleled engagement and build brand love. They have built some of the most culturally relevant and unique partnerships in sports, entertain- ment, music, fashion, and corporate social responsibil- ity — partnerships that influenced and created culture over the past decade. From large-scale naming rights to multi-faceted sponsorships and media partnerships, their industry knowledge gives them unprecedented ability to structure, execute, and derive maximum value from these partnerships. OVG360 PREMIUM SERVICES SALES OVG360 team members have formed innovative sales strategies, designs, and implementation plans for premium seating programs for dozens of our operated venues. Coupling our valuable experience with creative approaches to the sales process, OVG360 has been able to exceed premium seating goals and achieve a high level of success for our premium seating clients. Our approach to premium seating and hospitality sales is customized for each client. We focus on long-term suite and seat ownership as well as renting available areas on an event-by-event basis to ensure that max- imum revenue is generated from these high-profile locations. We develop custom hospitality packages that entice patrons and corporations through the inclusion of preferred parking, catered food and beverage, special event access, and premium experiences that are tai- lored to the needs of customers in your market. INVENTORY DEVELOPMENT Premium seating is a constantly-evolving facet of the sports and entertainment industry. OVG360’ primary goal when developing a premium seating program is to maximize revenue for each individual seat and to provide enough variety of inventory to increase revenue potential across various types of buyers, from a CEO, to an everyday fan. Previously, we have developed multiple diverse premium seating programs that include a variety of options such as: • Luxury suites • Club box seats • VIP clubs • Loge seats • Bunker suites • Courtside seat FOOD & BEVERAGE SERVICES OVG Hospitality, with more than 250 facilities in our client portfolio, is driven to provide best-in-class services to partner facilities across the live events industry. We believe in food that is local, fast, fun, and delicious. To ensure they have the resources they need to execute world-class programs on behalf of our clients, our on-site teams are equipped with guidance from all key areas of our operation including culinary, facility design, sustainability, data and analytics, procurement, operations, accounting, and training. OVG GLOBAL PARTNERSHIPS HAS SOLD OVER $1.9 B IN SPONSORSHIP IN LESS THAN FOUR YEARS OVG GLOBAL PARTNERSHIPS HAS SUCCESSFULLY SOLD 11 NAMING RIGHTS DEALS SINCE NOVEMBER 2019, DRIVING OVER $1 B IN REVENUE OVG360 Response to RFQ #18-22 Venue Management Operator - Clearwater New Amphitheater 12 3. project methoDology, approach, & scheDule SIMILAR EXPERIENCE & REGIONAL PRESENCE OVG Hospitality brings extensive regional presence and similar facility expertise to the City of Clearwater for your CPA. Our client portfolio includes more than 30 amphitheaters and performing arts centers, and we operate several facilities in the region including ZooTampa at Lowry Park, Exploria Stadium (home to the MLS Orlando City Soccer), Dr. Phillips Center for the Performing Arts, and the University of Central Florida Athletic Facilities. Additionally, OVG Hospitality RVP Thomas Anastasia is based locally in Tampa. These regional resources will provide our team with the ability to be deeply engaged through the development and construction of the facility. PRE-OPENING AND CONCEPT DESIGN Throughout the critical opening phase of the facility, OVG Hospitality will be an integral member of your design team. Our leadership includes individuals with decades of experience supporting the buildout of complete F&B programs including everything from space planning, to technology, to FF&E purchasing. Our creative and culinary teams will develop brands and menus that are specific to the facility and will bring to life a Clearwater-specific program, incorporating local providers and brands throughout. APPROACH TO BOOKING BOOKING STRATEGIES Booking events and marketing them to the local com- munity will be THE priority of the senior management of OVG360. Our booking leverage is real and begins with Irving Azoff, VSG Live, and the support we receive from Live Nation and all our booking relationships. There is one simple truth in the entertainment touring industry; shows go where they believe they will be successful. At OVG360, we know how to make events successful. Perhaps most importantly for CPA is that our record of success has provided us the necessary national and regional relationships to book events in the amphithe- ater. OVG3630 sees a unique opportunity to help City drive attendance to the venue, bringing new patrons to the venues and the region. To be successful and effective at booking events, a company must know the entertainment industry and understand the artists, the agents, the promoters, and most of all, their facility. OVG360 has outstanding relationships with every major booking agency, event promoter, and family show producer in North America. When programming CPA we will be agnostic. The ven- ues will be marketed to ALL event promoters. VSG LIVE VSG Live books, markets, and operates live event experiences throughout Tampa Bay. Leveraging its vast relationships across the entertainment industry, VSG Live brings a diverse event mix to its portfolio of venues creating memorable moments year-round. The VSG Live division offers full service event management expertise from the announce to the encore. VSG Live portfolio includes AMALIE Arena, Yuengling Center, and ticketing/marketing of Tampa Sports Authority major events and festivals including Monster Jam, Taco and Margarita Festival, Coldplay at Raymond James Stadium, and The Weeknd. BOX OFFICE & TICKETING BOX OFFICE MANAGEMENT OVG360 views ticketing and box office management as an extension of our overall sales and marketing service. We utilize well-tested and proven procedures for operating the box offices at the facilities we manage. We will implement many of these same procedures at CPA. Of course, we tailor our service, where necessary, to fit the specific needs of each client. TICKETING OVG360 understands that one of the key ingredients necessary for ticket distribution is the ease with which guests can purchase their tickets. We pay close attention to hours of operation, telephone service in terms of knowledge and courtesy, accessibility of outlets, reliability of Internet purchases, and several other factors that make it easy for customers to buy tickets with confidence. With the volume of sales at the facilities we manage, it is often most economical to contract with a ticket distribution company. OVG360 Response to RFQ #18-22 Venue Management Operator - Clearwater New Amphitheater 13 3. project methoDology, approach, & scheDule OVG360 has an excellent working relationship with many ticketing organizations. Of course, we tailor our service to fit the specific needs and goals of each client. We understand that one of the key ingredients necessary for effective ticketing is easy access for guests to purchase their tickets. B. BUSINESS PLAN OVG360 and VSG believe in the financial success in the new amphitheater and we are prepared to invest in the new venue. We will put our money where our mouth is and will invest in areas of the venue that provide financial returns that will benefit the City of Clearwater. We are excited to sit with the City to discuss the parameters for such an investment. OVG360 and VSG’s management plan for the CPA will rely on the following: • We are the only team with the ability bring true international artists, relying on the relationships of OVG360’s founder and board member, Irving Azoff ,and the local relationships of VSG. • We have a special relationship with the largest concert promoter in the world – Live Nation. Live Nation produces 85% of the concert tours on the road. In addition, we work closely with all national, regional, and local promoters such as AEG Live. We remain committed to keeping the CPA an open venue for all promoters. • We understand the vision to make CPA a world- class venue, while remaining committed to local community. • Pinellas county TDC to host events that bring people from out of the region to Clearwater to maximize hotel nights associated with the CPA. • OVG Hospitality will bring true professionalism to the F&B operations of CPA. OVG Hospitality had over $263M in annual gross sales in 2020 and has a significant presence in the market • VSG/Tampa Lighting are the premier entertainment company in the Tampa Bay / St. Pete / Clearwater marketing place. Their marketing prowess in the region will be patrons to the CPA that would not otherwise make the drive to Clearwater. VSG’s marketing footprint is largest in the region and will give us the ability to market the Pavilion to the entire region and not just Clearwater/St. Petersburg. VSG has the following marketing assets: –1,200,000 people in database –VSG and OVG Global Partnerships offer the best in naming rights and sponsorship sales. OVG Global Partnerships has sold over $1B in naming rights partnerships in the past 4 years. In addition, OVG Global Partnerships has sold over $1.9B in total sponsorships during that time period. VSG has sold the $45M+ local naming rights and sponsorships. • CPA will be true a community asset – OVG360 and VSG will ensure that the venue offers something for locals while making the venue a world-class destination. • We will work with local amateur parks and the Tampa Bay Sports Commission to use the Park and amphitheater for post tournament awards, events, and concerts. • Install the VSG customer service program for all CPA employees, creating a welcoming culture for all coming to the amphitheater. • Work with the Florida Orchestra to create a World Music Festival in the winter months welcoming world renowned orchestras to play at the CPA with the focus on promoting performing arts to locals and visitors of all ages. • Collaborate with the local museums to create events and festivals promoting the arts. C. PRODUCT DELIVERY SCHEDULE OVG360 takes pride in our best-in-class onboarding processes and procedures. We have a dedicated department that is responsible for onboarding all new clients, as well as facilitating seamless and efficient transitions. This program, paired with our ongoing operational support plans, are designed to deliver memorable experiences for clients, employees, and customers. Our proposed schedule for the product delivery which supports our ability to complete the events on schedule and on budget is provided on the following page. Complete May '22 Jun '22 Jul '22 Aug '22 Sep '22 Oct '22 Nov '22 Dec '22 Jan '23 Feb '23 Mar '23 Apr '23 May '23 Jun '23 Jul '23 Aug '23 Sep '23Operational Design and Construction Consulting Assist with design consulting Assist with construction consultingIdentify necessary patron services and amenities and relay to design teamDevelop parking, traffic management, and bus pick-up and drop-off planDevelop venue sanitization planDevelop security services and public safety plan Identify Information technology requirements Make recommendations on premium seating products and incorpore into the design/construction Develop utility consumption and control planIdentify additional revenue opportunities (signage, food and beverage, merchandising, parking, decorating, AV) Review operational efficiencies with regard to housekeeping, maintenance, and traffic flow, especially show move-in and move-out access Review applicable codes, especially as they relate to user requirements and the maintenance of necessary aisle ways and routes of passage as they affect capacity and public safety Review designs for communications systems (including alarm systems)Insure that facility is ADA and OSHA complianceDevelop plan for medical/first aid services Identify staffing plans for events and how they are impacted by design elementsWork with City of Clearwater to determine FF&E BudgetWork with City of Clearwater to determine purchasing procedures for FF&EReceive and inventory FF&EAdvise client on acceptance of structure and substantial completion Contribute to and monitor contractor’s completion of punch list Review completion report with client, including full set of as-built drawingsCoordinate transition from construction project to an operating facility Staffing Create Staffing Plan and Review with City of Clearwater for Approval Interview / hire General Manager Interview / hire Director of Food & BeverageInterview / hire Food & Beverage StaffInterview / hire Director of Production/OperationsInterview / hire Production/Operations Staff Interview / hire Events Manager(s) Operational Start-UpWork with City of Clearwater to develop booking and scheduling policy Establish and get approval from City of Clearwater on rental rates and service fees Determine best software for venue scheduling and event coordinationLoad floor plans, capacities and equipment inventory into scheduling databaseCreate facility producer’s and event user guidelinesDevelop and get approval from City of Clearwater on User Rental ContractDetermine what services (electrical, phones, security, decorating, etc.) will be provided by third parties Enter into service contracts (electrical, phones, decorating, security, etc.)Establish house policies (rules and regulations of usage)Determine necessary computer hardware/softwareCustomize an Operations Manual for the facilityDevelop emergency plans (fire, bomb threat, hazardous materials, flood, terrorism, etc.) Establish preventative maintenance systems for mechanical and electrical equipment Acquire necessary permitsMaintain booking calendar; schedule and contract eventsWork with City of Clearwater to develop Grand Opening programDetermine ticketing solution and enter into contract with vendorDetermine office locations for on-coming staff Implement Customer Service Program Facility MarketingDevelop and implement Event Center branding campaign with input and assistance from City of Clearwater, local hotels, Hillsborough County TDC, Visit St. Petersburg/Clearwater Establish sales protocols and roles with local hotels, Hillsborough County TDC, Visit St. Petersburg/Clearwater Develop sales plan with coordination with local hotels, Hillsborough County TDC, Visit St. Petersburg/Clearwater Establish sales budget Establish tradeshow attendance in coordination with local hotels, Hillsborough County TDC, Visit St. Petersburg/ClearwaterBased on experience, analysis and research, develop marketing plan targeting national eventsBased on experience, analysis and research, develop marketing plan targeting regional and local eventsBased on experience, analysis and research, develop marketing plan targeting private functions Implement sales and marketing plan Develop facility public relations planDevelop materials necessary to support the plansDevelop web-siteLaunch web-site FinanceEstablish accounting policies and procedures with City of ClearwaterEstablish cash management proceduresOrder all forms needed for part time staff hiring Input all part time employee information Design time sheetPurchase and install all necessary software, (i.e. MAS-200)Establish payroll accounting codesInstall phone line for transmittalBe ready for payroll transmission to OVG's Corporate Office Evaluate and select bank for deposit of Operating Funds Set up cash accountsSet up chart of accountsOrder manual checksOrder purchase ordersOrder invoices Input vendor listing Format financial statementsEstablish event settlement forms and policiesUpdate all administrative forms, letterhead, and business cards Grand Opening Plan Grand Opening to maximize market impact and community relationsEstablish Grand Opening CommitteeCommittee meetingsAssign Committee tasks Target Grand Opening events and activities Carry out Grand Opening series of events NEW CLEARWATER AMPITHEATER / OVG360 / Vinik Sports Group DRAFT Pre-Opening Timeline and Check List / As of March 21, 2022 - Assumes July 2023 Opening NOTE: ALL ASSIGNMENTS ARE DONE WITH CITY OF CLEARWATER OVERSIGHT AND INPUT REFERENCES OVG360 Response to RFQ #18-22 Venue Management Operator - Clearwater New Amphitheater 15 4. references 4. REFERENCES OVG360 currently provides management, booking, and consulting services to 234 venues, consisting of 20 spe- cialized venues, 81 arenas, 58 conference/convention centers, 17 stadiums, 24 performing arts centers/theaters, 11 fairgrounds, and 23 recreational facilities. OVG360's entire client list can be found as an Appendix to this Re- sponse. OVG360 Response to RFQ #18-22 Venue Management Operator - Clearwater New Amphitheater 16 4. references AVALON THEATRE & AMPHITHEATER AT LAS COLONIAS PARK (GRAND JUNCTION, CO) VENUE OVERVIEW: Venue Capacity: • Grand Junction Convention Center: 23,000 sq. ft. • Avalon Theater: 1,100 seats • Amphitheater at Las Colonias Park: 4,000 seats (booking only) OVG 360 ROLE: Operator and Sponsorship Sales Length of Time Providing Service: 2017 - present Food and Beverage Provider: In-house Ticketing Service Provider: Ticketmaster Notable Achievements & Accomplishments: • Decreased the City’s Subsidy by almost $200,000 • Technology upgrades including building-wide WiFi and High-Speed Internet • Overhauled and revamped the Food and Beverage operations and improved the quality of food by utilizing local and regional products • Created and implemented training programs for all event-based employees, resolving inefficiencies and im- proving employee retention • Expanded grassroot efforts to include window wraps, posters City, and live-size cutouts and photo frames of upcoming events • Expanded the marketing mix to include social media advertising • Created events and event series to increase the variety of entertainment options • Hosted Jim Gaffigan, Jake Owen, Brothers Osborne, For King and Country, Foreigner CLIENT CONTACT Jay Valentine 250 N 5th Street, Grand Junction, CO 81501 Phone: 970.244.1517 FORD IDAHO AMPHITHEATER (NAMPA, ID) VENUE OVERVIEW: Venue Capacity: 12,000 DMA Ranking: 106 OVG360 role: Venue Management Services Length of Time Providing Service: 2015 - Present Food and Beverage Provider: Sodexo Ticketing Service Provider: Paciolan Tenants: • Snake River Stampede (Hall of Fame PRCA Rodeo) • Idaho Horsemen (America West Conference Indoor Football) Notable Events & Accomplishments: • Hosts 130+ events on an annual basis, with an overall attendance of 393,000+ • OVG360 has exceeded the set budget for each year of operation. • Venue finished at a profit for the first time in 23 years (3rd year with OVG360) in 2018 • Sponsorship sales have nearly doubled in three years CLIENT CONTACT Jeff Branick, County Judge/ Jefferson County 409.748.0247 jbranick@co.jefferson.tx.us OVG360 Response to RFQ #18-22 Venue Management Operator - Clearwater New Amphitheater 17 4. references FORD PAVILION AT FORD PARK ENTERTAINMENT COMPLEX (BEAUMONT, TX) VENUE OVERVIEW: DMA Ranking: 141 OVG360’s role: Venue Management Services Food Services & Hospitality, Naming Rights & Sponsorship Sales Length of Time Providing Service: 2017 - Present Food and Beverage Provider: OVG360 Ticketing Service Provider: Ticketmaster Tenants: Beaumont Panthers Summary: Ford Pavilion opened in Spring 2003 with Kenny Chesney and Keith Urban and continues to host some of the biggest names in music. The 14,000-seat Ford Pavilion has first-class amenities, ample parking, restrooms, food and beverage plazas and lots of space to enjoy a relaxing evening under the stars. CLIENT CONTACT Jeff Branick, County Judge/ Jefferson County 409.748.0247 jbranick@co.jefferson.tx.us YUENGLING CENTER (TAMPA BAY, FL) VENUE OVERVIEW: DMA Ranking: 10 VSGs role: Tampa Bay Entertainment Properties, a subsidiary of Vinik Enterprises, LLC, took over management of the facility in July of 2017, and brought D.G. Yuengling and Sons on as entitlement partner in June of 2018. Length of Time Providing Service: 2017 - Present Food and Beverage Provider: Aramark Ticketing Service Provider: Ticketmaster Tenants: Primary tenants of the Yuengling Center include The University of South Florida Men’s and Women’s Basketball teams, and the USF Volleyball team. Notable Achievements & Accomplishments: • Hosted Elton John; Tyler, the Creator; Mary J. Blige; Trevor Noah; Jo Koy Summary: Sitting on the campus of one of Florida’s largest universities, the Yuengling Center, home of the University of South Florida’s basketball and volleyball programs, provides Tampa Bay and the USF community with over 250 events per year with over one million guests. We strive to provide world-class sporting and entertainment events for the greater Tampa Bay community, in addition to USF students, faculty and staff. CLIENT CONTACT Michael Kelly 813.974.1442 michaelskelly@usf.edu OTHER FORMS OVG360 Response to RFQ #18-22 Venue Management Operator - Clearwater New Amphitheater 19 5. other forms 5. OTHER FORMS As required by the RFQ, the following forms are provided as part of our Response. A. EXCEPTIONS, ADDITIONAL MATERIALS, ADDENDA FORM B. COMPANY INFORMATION FORM C. RESPONSE CERTIFICATION FORM D. EXHIBIT B_SCRUTINIZED COMPANIES FORM E. EXHIBIT C_E-VERIFTY ELIGIBILITY FORM F. COPIES OF LICENSES AND/OR CERTIFICATIONS IF REQUESTED G. W-9 FORM *Submitted electronically through bid website THANK YOU 3 /IMAGINE CLEARWATER VENUEMANAGEMENT OPERATORQUALIFICATIONS PRESENTED TO THE CITY OF CLEARWATER PREPARED BY RUTH ECKERD HALL, INC IMAGINE CLEARWATER COACHMAN PARK AMPHITHEATER 3 /IMAGINE CLEARWATER Letter Of Interest To the Selection Committee: Thank you for this opportunity to submit our qualifications to operate the Imagine Clearwater amphitheater at Coachman Park. We are very excited at the prospect of expanding the services we provide the City of Clearwater and its stakeholders. Ruth Eckerd Hall, Inc. is uniquely qualified having a 40-year track record of successfully operating city-owned entertainment venues and doing it extremely well. The Ruth Eckerd Hall brand is recognized nationally for excellence in programming and customer service. As a mission-driven not-for-profit, our roots run deep in this community, combining good stewardship with greater opportunities for those we serve. Our Board of Directors and support base, comprised of leaders from business, public service, health, and social institutions, have ensured close community ties since our founding and uniquely sets us apart from other venue operators. Over the past 15 years, we expanded our services to include booking and producing outdoor events at locations throughout the Tampa Bay area: • Coachman Park, Clearwater • Sand Key Beach, Clearwater • The District, Clearwater • Pier 60 Park, Clearwater • Tropicana Field, St. Petersburg • Vinoy Park, St. Petersburg • Straub Park, St. Petersburg • Innisbrook Golf Resort, Palm Harbor • Tradewinds Resort, St Pete Beach • Sims Amphitheater Park, New Port Richey • Florida Aquarium, Tampa • Curtis Hixon Park, Tampa • One Buc Place, Tampa • Water Works Park, Tampa As we flourish in delivering our mission and our footprint grows regionally, we continue to receive national recognition for educational programming and operational excellence including: Theater of the Year two-time nominee, Academy of Country Music Theater of the Year three-time nominee, Pollstar All-Star Award - Theater/Performing Arts Center, VenuesNow Grammy Museum® Affiliate, one of only 8 cultural institutions world-wide Partner in Education, John F. Kennedy Center for the Performing Arts Large Non-Profit of the Year, Clearwater Regional Chamber of Commerce Non-Profit Impact Award, Bilheimer Capitol Theatre, Tampa Bay Businesses for Culture and Arts Top Workplaces 2020, Tampa Bay Times Best Places To Work 2022, Tampa Bay Business Journal LETTER OF INTEREST/ 3IMAGINE CLEARWATER OUR INTEREST IN THE AMPHITHEATER PROJECT IS ROOTED IN OUR MISSION OF changing lives through the performing arts. We are passionate about offering world class entertainment; we are passionate about overcoming obstacles to make the arts accessible to all; we are passionate about adding value beyond expectation. That passion permeates our organizational culture, earning the respect and trust of partners, patrons and colleagues. It inspires each member of our 200-plus team, 350 volunteers, 3,500 donors, and Board of Directors, who take a personal stake in ensuring a sound financial footing year after year. We typically maintain an 80% earned / 20% contributed revenue model, highly efficient for an arts organization of our caliber. Our current net assets total $47M. No company can consistently maintain financial health, workplace satisfaction, brand loyalty, and community investment, without integrity and sound business practices. We are unusual in our ability to navigate a highly competitive, high risk industry with the outlook that at the end of the day, improving the quality of life for our constituency is the reason we do it. Most important, we understand that the amphitheater represents more than an event space to manage or a building to lease. It needs to be a community treasure for residents and businesses, worthy of its prime location and the investment made in building it. It is critical that the operator understand that difference and commit that the opening years pave the way for long-term success far beyond a five-year contract. We do and we will be if selected. Clearwater witnessed that first-hand when we undertook management of the Nancy and David Bilheimer Capitol Theater, adjusting programming, staffing and resources in accordance with its needs and delivered beyond the operating agreement. Since its re-opening in 2013, the venue is consistently ranked in the top 10 world-wide for venues under 800 seats. It has become a favorite for concert-goers across the state and a preferred stage in the industry as evident in the gushing reviews by artists and fans alike on social media. We come to this project with that same leadership and dedication. The Ruth Eckerd Hall Board of Directors views extending management expertise to launch and position this beautiful venue a natural next step in our long-standing commitment to Clearwater’s economic and cultural success. Thank you for your consideration. Susan M. Crockett President & CEO Ruth Eckerd Hall, Inc. 1111 N McMullen-Booth Road Clearwater, FL 33759 727.712.2704 LETTER OF INTEREST/ 4IMAGINE CLEARWATER 3 /IMAGINE CLEARWATER Demonstrated Experience of Company and Project Personnel A description of what qualifies your company, financial and otherwise, to provide the City with these services for the required period of time, provide appropriate staffing, necessary resources and show a history of demonstrated competence. Ruth Eckerd Hall, Inc. offers: • Four decades of operating, maintaining, and improving, city-owned venues • 30 plus years of programming a variety of genres in venues consistently rated in the top 10 world-wide • Success in producing outdoor concerts and events, including with and for the City of Clearwater • Executive team with decades of experience in venue programming and operations • History of multi-venue programming and promotion including the Amalie Arena, Mahaffey Theater, Tampa Theater, Palladium, Floridian Social Club • Demonstrated competency in managing multiple venues and concurrent events including productions at Curtis Hixon Park, Sims Amphitheater Park, Ruth Eckerd Hall, the Bilheimer Capitol Theatre, and a family arts street festival in the District, all on the same day • Award winning customer service • Wide community support with over 3,500 annual contributors and 350 volunteers • A diverse Board of Directors of community leaders providing accountability and leadership • Expertise in West Coast Florida market, media channels and segmentation • Loyalty market of 150,000 eClub members • Industry recognition and respect • Pre-established infrastructure providing over 250 jobs locally • Benefits from economies of scale and proven success in achieving operating efficiencies by providing satellite support as appropriate • Negotiated pricing – artists, IATSE union, vendors • Synergistic partnerships including Live Nation, AEG, The Florida Orchestra, Clearwater Jazz Holiday, Pinellas County Schools • Demonstrated commitment to community engagement and education opportunities • Adoption of environmental-friendly products and protocols and Ocean Allies certified • Integrity and sound business practices – clean audits, PCI compliant and cybersecure systems • Strong financial position (2021 Audit attached) • A $79M economic impact base on which to grow (Ruth Eckerd Hall Economic Analysis, C. H. Johnson Consulting Inc., 2016)DEMONSTRATED EXPERIENCE OF COMPANY AND PROJECT PERSONNEL/ 6IMAGINE CLEARWATER a. DEMONSTRATED EXPERIENCE OF COMPANY AND PROJECT PERSONNEL/ 7IMAGINE CLEARWATER b.Identify the project managers(s) and individuals who will be assigned to the work as part of this project. Include resumes for each person to be assigned. SUSAN M. CROCKETT, President & CEO 2018 - Present Prior Positions 1988 - 2017 Education & Experiences • VP of Operations/COO • Chief Information Officer • Director of Ticketing & IT • Business Analyst • Arts Education Manager • Box Office Manager • House Manager • B.A. Business Management, Eckerd College • Sciences & Visual Arts, Hofstra University • Crisis Leadership certified, USF Muma School of Business • Tampa Bay Community Foundation Non-Profit CEO Leadership Class of 2020 Honors & Service • “Businesswoman of the Year” 2019, Tampa Bay Business Journal • “CIO of the Year” 2016 nominee, Tampa Bay Business Journal • Amplify Clearwater Board of Directors • Ministries to marginalized populations – Homeless, Health Services, Food Assistance • Mentor for at-risk adolescents, Girl Scout Leader, Youth Soccer Coach BOBBY ROSSI, EVP & Chief Programming Officer 2015 - Present Prior Positions 1988 - 2014 Education & Experiences • Director of Programming • Promoter and Producer (Fantasma Productions/AEG Live) • B.A. Communication, High Point University, NC • Founder of “Ruth Eckerd Hall on the Road” Honors & Service • “Promoter of the Year” National Award, Creative Loafing Publications • “Executive of the Year”, International Entertainment Buyers Association • “Mr. Clearwater” nominee, Clearwater Chamber of Commerce • President, Florida Presenters Consortium, 2001-2006 • Industry panelist and conference host • Clearwater Downtown Partnership Liaison / 8IMAGINE CLEARWATER DEMONSTRATED EXPERIENCE OF COMPANY AND PROJECT PERSONNELSHARON REID-KANE, ED.D., VP & Chief Education & Community Engagement Officer 2014 - Present Prior Positions 1992 - 2013 Education & Experiences • Senior Director of Education • Associate Director of Education • Community Relations Specialist & Educator (Pinellas County Schools) • Director (United Way of Pinellas) • Doctorate, Education specialized in Arts Education & Integration, Southeastern University • Americans for the Arts Leadership Program • Leadership Pinellas Class of 2013 • Grant Judge, Florida Division of Cultural Affairs • Industry Speaker, Writer & Panelist Honors & Service • “Arts Education Professional of the Year”, Florida Alliance for Arts Education • “Cooperman-Bogue Award” for service to children and families, Juvenile Welfare Board • “President’s Service Award” • “Excellence in Theater Education” nominee, Tony Awards® • Past President, Arts for a Complete Education • Clearwater Arts Alliance Board MEGAN BRENNAN, VP & Chief Marketing Officer 2015 - Present Prior Positions 2002 - 2014 Education & Experiences • Directing of Marketing • Marketing & Promotions Manager (Live Nation-Florida) • Promotions Coordinator (CBS Radio, Cox Media Group) • B.A. Communication & Organizational Leadership, Purdue University • Created the Ruth Eckerd Hall Experience brand • Marketed Tampa amphitheater events • Digital Marketing, Public Relations, Graphic Design Honors & Service • “Women of Influence” nominee, VenuesNow • “Up and Comer” nominee, Tampa Bay Business Journal / 9IMAGINE CLEARWATER DEMONSTRATED EXPERIENCE OF COMPANY AND PROJECT PERSONNELSARAH PROUT, VP & Chief Financial Officer 2019 – Present Prior Positions 2006 - 2019 Education & Experiences • Director of Finance & Human Resources (The Arc of Litchfield, CT) • Assistant Director of Finance (Family Services of Greater Waterbury, CT) • B.A. Business Administration, Charter Oak State College, CT • Strategic Planning, Regulatory Compliance, Risk Management, Crisis Management Honors & Service • Northwest Connecticut Chamber of Commerce Government Relations Board • Connecticut Department of Developmental Services Advisory Committee • Treasurer, Board of Directors, Adam’s House Grief Support Center SUZANNE DELANEY, CFRE, VP & Chief Development Officer 2018 – Present Prior Positions 2006 - 2017 Education & Experiences • Director of Development • Divisional Advertising Manager (Tampa Bay Times) • Advertising Director (Peninsula Daily News, WA) • M.A. Communication specialized in Public Interest, University of Florida • Fundraising Management certified, Indiana University Lilly School of Philanthropy • Leadership Pinellas Class of 2020 • Capital, Annual and Endowment Campaigns Honors & Service • Clearwater Arts Alliance Board of Directors • Clearwater Chamber of Commerce Board of Directors • Life-long Participant in Community Theater / 10IMAGINE CLEARWATER DEMONSTRATED EXPERIENCE OF COMPANY AND PROJECT PERSONNELTYSON SMITH, Technical Director 2005 – Present Prior Positions 1983 - 2005 Education & Experiences • Assistant Technical Director • House Sound Engineer • Sound & Recording Engineer (Straz Center, Calvary Church-Brandon) • Instructor (Hillsborough Community College) • Technical Theater, Hillsborough Community College • Synergetic Audio Concepts graduate • Union Contract Management • Production services oversight for over 100 outdoor concerts Honors & Service • Member of Florida Venue Management Association • Technical theater partner with Pinellas County School’s Executive Intern program • Volunteer consultant on theater technology for community organizations ADAM BURR, Director of Ticketing & Sales 2022 – Present Prior Positions 2006 - 2021 Education & Experiences • Director of Sales • Account Executive (Brown & Brown Property & Casualty Insurance) • Group Sales Coordinator (Tampa Bay Lightning) • Box Office Supervisor (Amalie Arena) • Public Relations Assistant (Tampa Sports Authority) • B.A. Recreation with specialization in Hospitality Management, University of Florida • Sales experience includes Season Tickets, Groups, Program Advertising and Insurance • Promoted Tampa Bay Bucs, Lightning, Storm and Mutiny professional teams and USF Bulls. Honors & Service • Highest sales record for group sales in Ruth Eckerd Hall’s history • Exemplary customer service reviews / 11IMAGINE CLEARWATER DEMONSTRATED EXPERIENCE OF COMPANY AND PROJECT PERSONNELJOHN CIRELLI, Director of Food & Beverage 2018 - Present Prior Positions 1981 - 2017 Education & Experiences • F & B General Manager (Centerplate/ Tropicana Field) • Director of Premium Services (Yankee Stadium) • Beverage Manager (Yankee Stadium) • B.A. Hospitality Management, Florida International University • National assignments for major events • Catering, concessions, bar service, inventory control, procurement, VIP/Suite service Honors & Service Managed food and beverage service for: • Six World Series, Five Super Bowls, NCAA Final Four, NCAA National Championship, Republican National Convention, and numerous stadium/arena concerts JONATHAN WALSER, Director of Security 2017 – Present Prior Positions 1994 - 2016 Education & Experience • Law Enforcement Officer (Clearwater Police Department) • Corrections Officer (Pasco County Sheriff’s Office) • Police Academy • St. Petersburg College • United States Marine Corps • Class D, C, and G Licenses Honors & Service • Chief’s Unit Citation Ribbon (four), Clearwater Police Department • Commendation Medal, City of Clearwater • Florida Congressional Proclamations for Service (three) • President, Fraternal Order of Police, Clearwater • Volunteer – YMCA, Cops for a Cause, Baypines VA, Veterans Community Board ED JONES, Director of Engineering 2018 – Present Prior Positions 1988 - 2017 Education & Experiences • Director of Environmental Operations • Facilities Director (Florida Southern College) • Director of Campus Security (FSC) • Casualty Prevention Officer (FSC) • Plant Operations Technician (Oak Hill Hospital, Brooksville) • Oversaw maintenance of 100-acre campus with 67 buildings • Trades include plumbing, electrical, HVAC • Plant operations, custodial management, project management • Owner’s representative for $14M renovation and expansion / 12IMAGINE CLEARWATER DEMONSTRATED EXPERIENCE OF COMPANY AND PROJECT PERSONNELc.Describe the direct experience in conducting similar services for each key staff members who will be contributing to the project, including their area of responsibility. Crockett will oversee the amphitheater’s venue manager. With the venue manager and executive team reporting to the CEO, she will ensure compliance with the operating contract, lead strategic planning, facilitate the formation of goals and benchmarks, assess internal performance, advocate for the venue in the community and with Ruth Eckerd Hall stakeholders, and hold the team accountable for delivery. As former VP of Operations and CIO, Crockett has been on the executive team for 15 years and leading it since 2018. Rossi will craft the line-up of artists, leveraging his strong industry relationships and over 30 years of experience booking, producing and co-promoting events of different sizes and budgets, from arenas to clubs. Rossi’s former experience promoting at a variety of venues also provides a keen eye for customer experience and revenue enhancements. Rossi is committed to revitalization of the District and has enjoyed volunteering as an entertainment consultant for local municipalities. He and his team of programmers will work directly with the venue manager in coordinating the venue calendar, consulting for facility rentals, and promoting the venue within the industry. Brennan will oversee institutional marketing and brand formation. Her staff will provide full support services for the venue’s marketing manager for amphitheater events, including budget administration, graphic design, videography, online marketing, media placement, trade discounts, promotional opportunities, tracking and analytics, and public relations. Brennan was a regional marketing manager for Live Nation, including marketing events at their Tampa amphitheater, prior to Ruth Eckerd Hall. Prout will oversee financial and risk management, human resources and information technology for the amphitheater. As Chief Financial Officer for Ruth Eckerd Hall, she is responsible for submitting all financial reports, insurance documentation and other requirements of the Bilheimer Capitol Theater operating agreement and will do so for the amphitheater. Prout has over 15 years in not-for-profit accounting having been the financial director at the ARC in Connecticut prior to Ruth Eckerd Hall and is well-versed in operating controls, especially in the food and beverage area. Reid-Kane currently oversees all educational programming and community engagement activities and will extend those to the amphitheater site. Serving students of all ages and abilities and working closely with a growing list of community partners, the possibilities of incorporating a site, particularly an alternative location more easily accessible to underserved audiences is an exciting opportunity. Delaney currently oversees all fundraising efforts for the organization and will extend her expertise and nine-member team to the venue as permitted. She currently oversees corporate partnerships, grants, membership, major gifts and the capital campaign. Her 30 year career in advertising, corporate sales and fundraising provides a depth of knowledge. / 13IMAGINE CLEARWATER DEMONSTRATED EXPERIENCE OF COMPANY AND PROJECT PERSONNELSmith will oversee the venue production manager in coordinating all stage and backstage operations. Smith currently directs three production managers at two locations and has been on-site technical director for over 100 outdoor concerts, including those at Coachman Park. Smith has been a resource for city staff during amphitheater planning, in regard to equipment, vendors and backstage operations. He will be heavily involved during the construction and opening phases in terms of equipment and protocols, including sound mitigation procedures and thereafter to support the venue’s production manager to ensure quality. Burr will oversee all ticketing services, including online, remote and digital ticketing. His team handles building the shows, promotions, group sales and VIP packages. He is responsible for inventory control, reconciliations, settlements, staffing and customer service. His team includes both full-time and part-time supervisors, and all will be trained for amphitheater events though we anticipate one will be designated to cover the majority of amphitheater events for consistency. Cirelli will oversee food and beverage operations. His team currently manages catering services, bar and concession services and artist hospitality for on-site and off-site events. He will play an integral part in planning and establishing food and beverage services at the new venue and ensuring point-of-sale systems, mobile ordering, inventory control, vendor services, artist hospitality as well as appropriate staffing and management are in place. Cirelli was the food and beverage point person for opening Tropicana Field and has over 40 years in stadium and venue operations Walser will oversee security and safety management, ensuring best practices, appropriate technology and adequate systems are in place. He has 5 years of experience in venue operations, with strong competencies in crowd management, prioritizing artist, audience and pedestrian safety. He currently oversees a staff of 75, many who are former law enforcement, fire safety and emergency medical personnel. His team of professionals are well-trained in de-escalation techniques, emergency response and evacuations. Walser has a strong rapport with city public safety agencies, having served with the Clearwater Police Department for 20 years and the Pasco County Sheriff prior to that. Jones will oversee the environmental operations of the venue and direct the maintenance lead assigned full-time to the property. This includes any facility maintenance, mechanical systems and custodial services as determined by the operating agreement. Jones has overseen these areas and served as owner representative during the last two major construction projects at Ruth Eckerd Hall. Prior to joining our staff, he served in a similar capacity for the Florida Southern College Lakeland campus. In addition, there will be four full-time staff positions on-site dedicated to daily operational needs including client services, care of facility and equipment and venue marketing. The venue manager will be the point person for all on-site activities and be liaison with city staff and stakeholders in the District. Preliminary discussions with qualified individuals have begun in preparation to respond to the RFQ. A job description for Venue Manager is attached to this response. Project Methodology, Approach and Schedule PROJECT METHODOLOGY, APPROACH AND SCHEDULE/ 15IMAGINE CLEARWATER Describe your approach to performing the scope of services. Our first step would involve a discovery phase in which to meet with city representatives to clarify expectations and align goals to produce the desired outcomes. This response contains assumptions, especially the number of event dates, which can be adjusted based on the city’s desired usage. In accordance with the stated project mission, our approach would pursue a specific goal: GOAL Establish the Imagine Clearwater venue as a world-class facility, recognized within the industry as a national leader in boutique amphitheaters, while welcoming the community to a gathering place in which they feel ownership. Accomplish this with minimal risk to the operator and minimal carrying cost to the City. STRATEGIES 1. Ensure a variety of high quality entertainment and arts programming. 2. Provide excellent service and value to facility clients, users and guests. 3. Implement operating efficiencies and leverage resources at our disposal. Provide a detailed business plan for the operation and management of the venue and how the plan will be implemented including identifying challenges and issues such as mitigation of potential noise impacts on surrounding businesses and residents. The approach outlined in this document is based on research, best practices, and management experience, however there are many unknowns. We would anticipate addressing those unknowns during the discovery phase. There may also be efficient alternatives in some areas involving out-sourcing or cost-sharing. Operational Structure Venue: • Venue Manager • Production Manager • Marketing Manager • Facilities Mechanic • Event Personnel (ticketing, front-of-house, security, concessions, parking, hospitality, custodial) Satellite Support and Oversight: • Programming • Ticketing & Group Sales • Marketing including social media, public relations, graphic design, promotions • Safety & Security Management • Human Resources a. b. PROJECT METHODOLOGY, APPROACH AND SCHEDULE/ 16IMAGINE CLEARWATER • Financial and Risk Management • Food & Beverage Management • Information Technology Support • Community Engagement Programming Projected programming growth is based on a comparable venue, St. Augustine Amphitheater, which currently holds 80 events annually, including 60 in-house presentations. We are estimating 45 events in the first 12 months, with a potential to grown to 85 events by year five. Ruth Eckerd Hall presentations will comprise approximately 40% of events and growth of the in-house programming will depend on operator costs and owner expectations, though we see no obstacle in increasing the number. These events will include co- promotions with our partners and offer a variety of national artists to serve diverse tastes including jazz, rock, R&B, country, etc. We plan to extend our co-presentations with the Florida Orchestra for themed evenings. The facility will be available to rent and we welcome promoters as we do at our other facilities. Scheduling priority will be given to in-house programming, legacy events and city-sponsored events before other parties. The legacy events that have been part of the park’s history will continue to have a home. Community engagement is important to us and we anticipate much interest in using the facility. A venue of this size requires more resources than other rental spaces, raising the cost beyond reach for many groups, even with nonprofit discounts. We would like to work with the city to explore creating a community fund to increase accessibility and offset cost for city-sponsored users. Likewise, Ruth Eckerd Hall is equally committed to its own community-based initiatives and events through the Marcia P. Hoffman School of the Arts. There are a multitude of opportunities to increase service to students and families with easily transferable programming. “SchoolTime Series” excursions will provide teachers and schoolchildren the opportunity to experience live theater in an outdoor atmosphere highly conducive to student engagement. Existing arts instruction for underserved populations in local neighborhood family centers via an established relationship with the Juvenile Welfare Board of Pinellas County will culminate in seasonal community performances and celebrations. A long- standing and successful partnership with the Pinellas County School Board and Pinellas County Schools ensures potential for hosting annual student events (e.g. graduations, all-county concerts, PRIDE, and Hispanic Achievement Awards). Arts-based festivals will draw families and children to engage with and learn from nationally and internationally recognized artists in their own hometown. The venue will exemplify a sense of community, promoting the connection between artists and audiences, participants and students and improving the quality of life for Clearwater residents, businesses and visitors. PROJECT METHODOLOGY, APPROACH AND SCHEDULE/ 17IMAGINE CLEARWATER Marketing, Sales & Ticketing: Our full-service in-house marketing agency will provide institutional branding, advertising, media buying, promotions, digital media, public relations, and graphic design. Cross- marketing to our purchase list is highly cost-efficient. Promotional and media partnerships will be leveraged and opportunities sought to increase visibility and support economic growth. The immediate focus upon award of contract will be the formation and execution of a branding campaign. Existing infrastructure will offer marketing and ticket services to clients. An integrated website will provide information on events, amenities, policies and general information. Top-ranked Tessitura CRM software provides select-your-own-seat, flexible pricing, remote ticketing, promotion codes, and both print-at-home and mobile QR code tickets for entry scanning. Live chat offers customer assistance and patrons are able to manage their account and view history. Tickets will be available with both browser and mobile interfaces, by phone, and in person at the Ruth Eckerd Hall ticket office, during performances at the Bilheimer Capitol Theater, and on-site at the venue on the day of event. Front of House Services: Concessions – To provide a great customer experience, food and beverage management will ensure enough points of sale, appropriately staffed for expected audience. Technology, such as mobile ordering, will be leveraged. In addition to beverage and hand-held snacks, several food trucks would be contracted to provide more food options. The food trucks are intended to increase patron amenities, offer exposure and earning opportunities to local vendors, understanding that while many guests will opt to dine downtown pre or post event, the demand may far exceed restaurant capacity. Patron Services & Merchandise Sales – In addition to the venue manager, a front-of-house manager will be assigned to every event, overseeing ushers, ticket takers, merchandise sales and proactively addressing customer service issues. While volunteer opportunities will be offered similar to our other venues, we anticipate the need to supplement with paid staff. Security & Public Safety – Our Security Director will staff appropriately to ensure artist, employee and audience safety. We rely on our trained officers to proactively prevent and de-escalate situations before they become an issue. We will confer with public safety officials regarding first responder requirements and seek flexibility in staffing according to attendance and event as we do at other venues. Our director of security will manage all facility security systems with appropriate inspections and maintenance. Security personnel also control appropriate use of on-site parking. Back of House Services: Stage and backstage operations, including hospitality will be managed by the Production Manager working closely with tour management to ensure appropriate equipment and staffing, quality light and sound services, and an excellent artist and client experience. PROJECT METHODOLOGY, APPROACH AND SCHEDULE/ 18IMAGINE CLEARWATER Sound Mitigation – Prevention is the most efficient way to address sound nuisance. Physical barriers have significant drawbacks but the canopy itself will provide some protection versus open air. The production manager will monitor sound levels to ensure appropriate sound diffusion and safe volume. All of our outdoor concerts require compliance with local code and there is technology to assist. Products like 10EaZy provide an interface with the sound system that refines output and prevents excessive levels. We would do our due diligence to identify the right tools for this environment. Facility & Environmental Services: A full-time, on-site maintenance mechanic and custodial staff will address daily needs with our Director of Engineering providing oversight and guidance. The extent of services will align with the terms of the operator contract. We prefer environment-friendly products and as a certified Ocean Ally, it would be our intention to have the amphitheater certified as well. Support Services: Accounting, Information Systems, Human Resources and other support functions which can be provided remotely will serve the needs of operating the venue with supplemental staff acquired as volume necessitates. Projections based on current information:PROJECT METHODOLOGY, APPROACH AND SCHEDULE181,250Attendees - Year 1: Net Margin by Source Profit Margin - Year 1: 7.0% Revenue by Source Number of Events - Year 1: 45 Expense by Category 7.0% 10.6%12.3%13.3%14.0% Year 1 Year 2 Year 3 Year 4 Year 5 Profit Margin Growth 66% 15% 16% 3% Programming Food and Beverage Ancillary Fees Rentals 0 20 40 60 80 100 Year 1 Year 2 Year 3 Year 4 Year 5 Event Growth REH Events - Reserved Seats REH Events - Reserved and Lawn Community Events Rentals 69% 8% 2% 7% 8% 6%Programming / Production Food and Beverage Rental Administration Wages & Benefits - Operations Utilities and Maintenance Office & Other 0 100,000 200,000 300,000 400,000 500,000 Year 1 Year 2 Year 3 Year 4 Year 5 Attendance Growth REH Events - Reserved Seats REH Events - Reserved and Lawn Community Events Rentals 20% 28% 49% 3% Programming Food and Beverage Ancillary Fees Rentals 181,250Attendees - Year 1: Net Margin by Source Profit Margin - Year 1: 7.0% Revenue by Source Number of Events - Year 1: 45 Expense by Category 7.0% 10.6%12.3%13.3%14.0% Year 1 Year 2 Year 3 Year 4 Year 5 Profit Margin Growth 66% 15% 16% 3% Programming Food and Beverage Ancillary Fees Rentals 0 20 40 60 80 100 Year 1 Year 2 Year 3 Year 4 Year 5 Event Growth REH Events - Reserved Seats REH Events - Reserved and Lawn Community Events Rentals 69% 8% 2% 7% 8% 6%Programming / Production Food and Beverage Rental Administration Wages & Benefits - Operations Utilities and Maintenance Office & Other 0 100,000 200,000 300,000 400,000 500,000 Year 1 Year 2 Year 3 Year 4 Year 5 Attendance Growth REH Events - Reserved Seats REH Events - Reserved and Lawn Community Events Rentals 20% 28% 49% 3% Programming Food and Beverage Ancillary Fees Rentals 181,250Attendees - Year 1: Net Margin by Source Profit Margin - Year 1: 7.0% Revenue by Source Number of Events - Year 1: 45 Expense by Category 7.0% 10.6%12.3%13.3%14.0% Year 1Year 2Year 3Year 4 Year 5 Profit Margin Growth 66% 15% 16% 3% Programming Food and Beverage Ancillary Fees Rentals 0 20 40 60 80 100 Year 1 Year 2 Year 3 Year 4 Year 5 Event Growth REH Events - Reserved Seats REH Events - Reserved and Lawn Community Events Rentals 69% 8% 2% 7% 8% 6%Programming / Production Food and Beverage Rental Administration Wages & Benefits - Operations Utilities and Maintenance Office & Other 0 100,000 200,000 300,000 400,000 500,000 Year 1 Year 2 Year 3 Year 4 Year 5 Attendance Growth REH Events - Reserved Seats REH Events - Reserved and Lawn Community Events Rentals 20% 28% 49% 3% Programming Food and Beverage Ancillary Fees Rentals 181,250Attendees - Year 1: Net Margin by Source Profit Margin - Year 1: 7.0% Revenue by Source Number of Events - Year 1: 45 Expense by Category 7.0% 10.6%12.3%13.3%14.0% Year 1Year 2Year 3Year 4Year 5 Profit Margin Growth 66% 15% 16% 3% Programming Food and Beverage Ancillary Fees Rentals 0 20 40 60 80 100 Year 1 Year 2 Year 3 Year 4 Year 5 Event Growth REH Events - Reserved Seats REH Events - Reserved and Lawn Community Events Rentals 69% 8% 2% 7% 8% 6%Programming / Production Food and Beverage Rental Administration Wages & Benefits - Operations Utilities and Maintenance Office & Other 0 100,000 200,000 300,000 400,000 500,000 Year 1 Year 2 Year 3 Year 4 Year 5 Attendance Growth REH Events - Reserved Seats REH Events - Reserved and Lawn Community Events Rentals 20% 28% 49% 3% Programming Food and Beverage Ancillary Fees Rentals 181,250Attendees - Year 1: Net Margin by Source Profit Margin - Year 1: 7.0% Revenue by Source Number of Events - Year 1: 45 Expense by Category 7.0% 10.6%12.3%13.3%14.0% Year 1Year 2Year 3Year 4Year 5 Profit Margin Growth 66% 15% 16% 3% Programming Food and Beverage Ancillary Fees Rentals 020406080 100 Year 1 Year 2 Year 3 Year 4 Year 5 Event Growth REH Events - Reserved SeatsREH Events - Reserved and Lawn Community EventsRentals 69% 8% 2% 7% 8% 6%Programming / Production Food and Beverage Rental Administration Wages & Benefits - Operations Utilities and Maintenance Office & Other 0 100,000 200,000 300,000 400,000 500,000 Year 1 Year 2 Year 3 Year 4 Year 5 Attendance Growth REH Events - Reserved Seats REH Events - Reserved and Lawn Community Events Rentals 20% 28% 49% 3% Programming Food and Beverage Ancillary Fees Rentals / 19IMAGINE CLEARWATER PROJECT METHODOLOGY, APPROACH AND SCHEDULE/ 20IMAGINE CLEARWATER c. MAY 2022 JUN 2022 JUL 2022 Discovery Phase, Recruit venue manager, Begin programming inaugural season Listening session with stakeholders on project values Envisioning session for Brand, Equipment assessment finalized AUG 2022 JAN 2023 MAR 2023 Integration of values and vision to create logo and style guide in tandem with city Teaser campaign launches, Event logistics finalized Unveiling of Brand, website, venue amenities and programming line-up, Staff recruitment APR 2023 LATESPRING 2023 JUN 2023 Volunteer recruitment and onboarding Adoption campaign including test drive, tours, media preview, open house, etc. as construction permits Grand opening Provide a proposed schedule for the product delivery to include a statement of time commitment by the company to this project which supports the company’s ability to complete the events on schedule and on budget. We are committed to making this project a success, which means it will be a priority focus of the executive team, particularly through the next 24 months as we ensure all systems and services are in place and delivering as they should. We will continue to assess outcomes and feedback as we currently do with our venues, to ensure adequate resources are available and utilized. References REFERENCES/ 22IMAGINE CLEARWATER City of Clearwater Parks & Recreation Kris Koch, Senior Manager, Events & Athletics 706 N Missouri Ave Clearwater, FL 33755 727-562-4805 Kris.Koch@MyClearwater.com In addition to full and continuous operation of city-owned Ruth Eckerd Hall (since 1983) and the Bilheimer Capitol Theatre (since 2009), we have produced street festivals at the City’s request and a series of concerts at Coachman Park, including co-promoting with partners AEG Live and Live Nation. Services Provided: • Booking • Full Production • Marketing, advertising and promotions • Ticketing • Seat configurations, signage, crowd management • ADA compliance • VIP services • Front of house manager, ushers, security, ticket takers Coachman Park Bryan Adams (2/9/16) Kenny G and Jake Shimabukuro (2/9/16) John Legend (5/13/17) Third Eye Blind (6/10/17) Sammy Hagar and Night Ranger (11/14/17) ZZ Top and John Fogerty (6/2/18) The District, Clearwater Blast Friday Series, 2011 - 2019 Miracle on Cleveland Street, 2012-2019 Cruisin’ at the Cap, 2015 – 2017 REFERENCES/ 23IMAGINE CLEARWATER Chasco Fiesta Charles R. Grey, EVP of Entertainment 5543 Main St. New Port Richey, FL 34652 727-777-5246 Chuck@FIGrey.com Services Provided: • Booking • Production • Marketing, advertising and promotions • Ticketing • Seat configurations, signage, crowd management • ADA compliance • VIP services • Front of house manager, ushers, security, ticket takers Eddie Money & Greg Billings Band (4/6/19) Cancelled due to COVID – John Michael Montgomery (3/28/20) Cancelled due to COVID – Bret Michaels (4/4/20) Chase Bryant & Drew Baldridge (4/2/22) Night Ranger (4/3/22) Valspar Championship Tracy West, Tournament Director EVP-PGA TOUR Division, Pro Links Sports President, Copperhead Charities 36750 US 19 North Palm Harbor, FL 34684 727-942-5566 Tracy@TheCopperheads.org The concert event during the PGA Valspar Championship began in 2015. The event is open to all tournament ticket holders and our production team has 24 hours to erect a concert venue on the resort’s driving range. Services Provided: • Booking • Full Production • Security The Band Perry (3/14/15) Rascal Flatts (3/10/16) Toby Keith (3/11/17) Jake Owen & Dustin Lynch (3/10/18) Brad Paisley (3/23/19) Postponed 2020 and 2021 due to COVID Chris Young and Big & Rich (3/19/22) REFERENCES/ 24IMAGINE CLEARWATER Tropicana Field, St Petersburg 90+ Post Game Concerts plus Switchfoot after the UnderArmour All American Football Game Tampa Bay Rays Brian Killingsworth, Former Chief Marketing Officer, 727-492-6211 Florida Aquarium, Tampa Migos & Ludacris, Super Bowl Post-Game Carolyn Henika, The Florida Aquarium 701 Channelside Dr, Tampa, FL 33602 813-468-0263 chenika@flaquarium.org Curtis Hixon Park, Tampa Cage the Elephant, Stanley Cup Playoffs 2019 Gavin DeGraw, NCAA Women’s Final Four 2019 Tampa Bay Sports Commission Jenna Grooms 201 N. Franklin St. Suite 2900, Tampa, FL 33602 813-342-4065 JGrooms@GrowYourEvent.com Water Works Park, Tampa CeeLo Green, Super Bowl 2021 Dan + Shay, Super Bowl 2021 Super Bowl LV Host Committee Jenna Grooms 201 N. Franklin St. Suite 2900, Tampa, FL 33602 813-342-4065 JGrooms@GrowYourEvent.com One Buc Place, Tampa Sister Hazel, Tailgate Super Bowl 2021 Nikki Donofrio, Buccaneers Team LLC One Buccaneer Place, Tampa, FL 33607 813-998-3832 NDonofrio@Buccaneers.nfl.com Amalie Arena, Tampa Amy Schumer 2016 Dolly Parton 2016 Barry Manilow 2018 Co-Pro/AEG Presents, John Valentino 1800 Australian Ave. So., Ste. 201, West Palm Beach, FL 33409 561-681-5610 jvalentino@aegpresents.com Styx, Starlight Gala 2018 Marilyn McPhail, Florida Hospital Foundation 14055 Riveredge Drive, Ste 250, Tampa, FL 33637 813-803-4015 Marilyn.Mcphail@AHSS.org Pier 60 Park, Clearwater The Romantics, Super Boat Weekend Frank Chivas, Founder Baystar Restaurant Group 18395 Gulf Blvd, Indian Shores, FL 33785 727-480-6704 frank@tbi.net Sand Key, Clearwater Beach Pitbull, Dex Imaging LPGA Championship 2021 Pelican Golf Club, Dan Doyle Jr Nancy Lycan, Dex Imaging 5109 W Lemon Street Tampa, FL 813-288-8080 nancy@deximaging.com Vinoy Park, St Petersburg Taste of Pinellas Foreigner, Styx, Kenny Loggins Joel Momberg, Chair, 727-460-7254 Country Music on the Bay 2018 Wynonna Judd, Scotty McCreery, Jerrod Niemann Mike Connor, 727-726-1115 2901 Rigsby Ln, Safety Harbor, 34695 mconnor@paradiseventuresinc.com Additional Ruth Eckerd Hall on the Road Productions Other Forms EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA Venue Management Operator 13 RFQ #18-22 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) AddendaRespondents 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__________________ X X a)Venue Manager Job Description b)Letters of Reference c)2021 Audit Report d) Insurance Information e) W-9 1 Ruth Eckerd Hall, Inc.3/24/22 COMPANY INFORMATION Venue Management Operator 14 RFQ #18-22 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: Provide supporting documentation for your certification, if applicable. Ruth Eckerd Hall, Inc. 1111 N McMullen-Booth Rd Clearwater FL 33759 727-291-7060 727-724-5976 info@rutheckerdhall.net RuthEckerdHall.com 10-694-9753 Susan M. Crockett 727-724-5976 727-712-2704 scrockett@rutheckerdhall.net Sue Wilson 727-724-5976 727-712-2704 swilson@rutheckerdhall.net RESPONSE CERTIFICATION Venue Management Operator 15 RFQ #18-22 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: Ruth Eckerd Hall, Inc. Susan M Crockett President & CEO 3/24/22 P RESENTATION TO C LEARWATER C ITY C OUNCIL MAY 16, 2022 Tom McDonnellVP, Bus. Dev. Morgan NessBD Manager Our Team STEVE GRIGGSChief Executive Officer PETER LUUKKOCo-Chairman, OVG360 / OVG Arena Alliance KEVIN PREASTChief Venue Officer DOUG HIGGONSSenior Vice President SIMS HINDSSenior Vice President A nd growing Who We Are Los Angeles, CA New York, NY Philadelphia, PA London, UK Seattle, WA 5,000 +EMPLOYEES 234 VENUES OPERATING & BOOKING 8,900+LIVE EVENTS Who We Are 102+MILLION ATTENDEES HOSTING HOSPITALITY VENUES250+ Home to Unrivaled Experiences Vinik Sports Group is elevating the game in the sports & entertainment industry. Home to an NHL franchise, a collegiate sport property, two venues, a digital media company and a retail and ecommerce platform, VSG creates world-class experiences that grow brands, drive revenue and impact our community. Drawing on the expertise showcased during the transformation of the Tampa Bay Lightning and Amalie Arena under Jeff Vinik, Vinik Sports Group (VSG) delivers world class experiences and events for its partners and those that they serve. VSG features a leadership team with decades of experience in the sports and entertainment industries; leaders who focus on each client’s unique needs before developing strategies and delivering successful solutions in the multimedia sales, event management, facility operations, and guest services verticals. VSG maintains a preference for long-term win-win partnerships, but it remains nimble enough to manage individual events and short- term opportunities for its customers. VINIK SPORTS GROUP VALUES TEAM | Empowering Team Members BRAND | Building an Authentic Brand SERVICE |Providing World-Class Plus Service EXCELLENCE | Striving for Excellence COMMUNITY | Giving Back to Our Community VSG Dominant Live Entertainment Company in the market Partnering with Major Event Promoters World-class Food and Beverage Program Focus on Community Events Why Work With OVG360 and VSG? OVG360 & VSG Willing to Invest and Take Operating Risk Willingness to Invest Operational Efficiencies because as owners/operators, . Let us share our The Event Management Vision •Booking with proven strategy and professional affiliations •Marketing knowledge,media spending power and proven database management including but not limited to, e-marketing and social media management •Established in Market PR Presence •Event Coordination with established relationship s with event producers and seasoned Event Management staff and systems Shared Use with the Community amazing events that add to the cultural offerings leisure amazing Special events open enjoyment tickets events Collaboration accessibility unmatched • • • • • • A world -class venue & true community asset Commitment to the Community OUR PROMISE TO THE COMMUNITY 1.WE WILL BE active MEMBERS OF THE COMMUNITY AND CREATE A strong relationship WITH OUR NEIGHBORS. 2.WE WILL TAKE THE TIME TO understand THE SURROUNDING AREAS AND THE impact WE WILL HAVE ON THESE SPACES. 3.WE WILL forge these relationships WITH OUR NEIGHBORS AND create an understanding FOR WHAT WE ARE DOING, educate them ON WHAT THE PERIMETERS WE WILL BE WORKING WITHIN FROM A LEGAL AND good neighbor aspect. 4.WE WILL LOOK TO develop communications and awareness SO NO ONE IS UNAWARE OF THE HAPPENINGS IN AND AROUND COACHMAN PARK. VSG Proven Community Partner NEARLY $1.6M FUNDED FOR CLEARWATER NON-PROFITS VIALIGHTNINGCOMMUNITYHEROES PROGRAM &$5.8M IN PINELLAS COUNTY 18 CLEARWATER SCHOOLS RECEIVED EQUIPMENT DONATIONS DONATED $50,000 FOR THE WOUNDED WARRIORSABILITIESRANCHANNUALGALAATSHERATONSANDKEYLASTMAY, WHERE, WITH WALTER REED, WE HOSTED 16 VETERANS WITH STAGE 4 CANCER CHARITABLE CONTRIBUTIONS OF $25,000+ FOR ORGANIZATIONS LIKE CHI CHI RODRIGUEZ YOUTHFOUNDATION Baby Boomer Generation has quickly become top 10 market On the leading edge of growth capitalize diverse events Serving more than the Baby Boomer Generation CONTENT CONFERENCES PROMOTERSAStrategicPartnerof Unparalleled access to top Participation in booking calls with ALL promoters Unmatched Booking Relationships SELF/CO-PROMOTED EVENTS & EVENT CREATION ▪Local food, beer, and wine festivals ▪Carnivals ▪Food trucks ▪Holiday-themed festivals/events ➢Christmas Light Show ➢Oktoberfest ▪Tradeshows and festivals ▪Homegrown Events –St. Petersburgh Clearwater Area CVB and Tourism Development Council ▪Clearwater Chef showcase ▪Art exhibit tied to music event Programming and Event Creation SPRING TRAINING FOR ORCHESTRAS ▪Partner with Florida Symphony to create an International Orchestra Festival ▪Establish Clearwater as an international arts and music destination CORPORATE, REGIONAL, AND LOCAL SUPPORT & OUTREACH ▪Marketing Database of 1.2M people ▪Dedicated Booking Department ▪National Marketing Plan ▪Promoter Relations ▪Geographic Routing ▪Community Focus ▪CVB Collaboration VSG Dominant Live Entertainment Company in the market Partnering with Major Event Promoters World-class Food and Beverage Program Focus on Community Events Why Work With OVG360 and VSG? OVG360 & VSG Willing to Invest and Take Operating Risk THANK YOU! Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0464 Agenda Date: 5/16/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve an Interlocal Agreement between City of Largo, City of Pinellas Park, City of St. Petersburg, City of Tarpon Springs, Pinellas County, Pinellas County Sheriff, and the City of Clearwater to establish the Pinellas Regional Information Management Enterprise (PRIME) for the purpose of implementing, operating, and maintaining a new unified Computer-Aided Dispatch and Records Management System for public safety entities in Pinellas County, and authorize the appropriate officials to execute same. (consent) SUMMARY: In 2019, the consortium of Parties listed in this agreement have been working in collaboration to establish a unified Computer-Aided Dispatch (CAD) and Records Management System (RMS) for public safety entities in Pinellas County. The consortium has worked collectively to review the capabilities available in modern products, assessed the current state of each individual Party, identified the efficiencies that can be obtained by transitioning to a unified or common platform, and learned from other jurisdictions that have made a transition to a unified or common platform. During this process, it was learned the CAD and RMS products used by many of the public safety entities in Pinellas County were nearing the end of their useful life, providing an optimal timing for a common vendor to be selected. Since 2007, Clearwater Police Department (CPD) has been using TriTech and spends approximately $189,000.00 annually for maintenance. While this product has serviced the department’s needs, it does not provide some of the advanced features a modern product will, nor does it integrate with other public safety entities in Pinellas County. In May 2021, Pinellas County Sheriff published Request for Proposal (RFP) 21-02 for a CAD and RMS system based on the specifications determined by the consortium. In October 2021, the consortium entered a memorandum of understanding to establish a protocol on how to establish a PRIME work group to evaluate the vendor responses received from Pinellas County Sheriff RFP 21-02 and to draft an Interlocal Agreement to establish PRIME as a separate and independent entity as allowed for in Florida State Statute 163.01, for the purpose of implementing, operating, and maintaining a unified CAD and RMS. The Interlocal Agreement for PRIME will establish an entity and board of directors that is responsible for governance of a unified CAD and RMS, define the manner with which costs will be equitably shared amongst the consortium, and how certain aspects of the vendor product Page 1 City of Clearwater Printed on 5/13/2022 File Number: ID#22-0464 will be managed. As a result of the Pinellas County Sheriff RFP 21-02, the consortium has recommended HEXAGON as the vendor to provide a unified CAD and RMS for public safety entities in Pinellas County. Staff is currently negotiating and drafting a contract with HEXAGON, along with a statement of work. CPD anticipates having to pay some operational costs as the new product is prepared for roll out, and these costs will overlap maintenance costs paid to our current CAD vendor. This expense is estimated to be approximately $150,000.00 annually for the first two years of PRIME. The financial expense associated with PRIME will be brought back to Council in the future. CPD anticipated these expenses and has the funding available in Capital Improvement Project PD-C2201 for the project. Page 2 City of Clearwater Printed on 5/13/2022 Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 $1,984,816.00 $1,117,181.00 $1,493,912.00 $1,493,912.00 $1,493,912.00 $1,493,912.00 $1,493,912.00 $4,415,577.00 $1,778,649.00 $1,108,453.00 $1,108,453.00 $1,108,453.00 $1,108,453.00 $1,108,453.00 ($6,400,393.00)($2,895,830.00) $0.00 $0.00 $2,602,365.00 $2,602,365.00 $2,602,365.00 $2,602,365.00 $2,602,365.00 $1,984,947.00 $2,044,496.00 $2,105,831.00 $2,169,006.00 $2,234,076.00 $2,301,098.00 $2,370,131.00 $216,522.00 $173,000.00 $173,000.00 $173,000.00 $173,000.00 $173,000.00 $173,000.00 $2,201,469.00 $2,217,496.00 $2,278,831.00 $2,342,006.00 $2,407,076.00 $2,474,098.00 $2,543,131.00 # Users % of Users % of Law Users Totals R911 2650 39.59%--$871,640.95 $877,986.61 $2,396,183.35 $2,421,196.61 $2,446,960.17 $2,473,496.60 $2,500,829.25 $13,988,293.54 Law: PCSO 2047 30.58%50.63%$673,301.52 $678,203.24 $1,258,179.79 $1,277,501.35 $1,297,402.49 $1,317,900.63 $1,339,013.81 $7,841,502.83 SPPD 948 14.16%23.45%$311,817.21 $314,087.29 $582,684.14 $591,632.28 $600,848.83 $610,341.86 $620,119.73 $3,631,531.35 CPD 438 6.54%10.83%$144,067.45 $145,116.28 $269,214.83 $273,349.09 $277,607.37 $281,993.39 $283,742.73 $1,675,091.13 LPD 237 3.54%5.86%$77,954.30 $78,521.82 $145,671.04 $147,908.07 $150,212.21 $152,585.47 $155,029.93 $907,882.84 PPPD 139 2.08%3.44%$45,720.03 $46,052.88 $85,435.76 $86,747.77 $88,099.14 $89,491.05 $90,924.73 $532,471.37 TSPD 67 1.00%1.66%$22,037.71 $22,198.15 $41,181.26 $41,813.67 $42,465.05 $43,135.98 $43,827.03 $256,658.86 GPD 36 0.54%0.89%$11,841.16 $11,927.37 $22,127.25 $22,467.05 $22,817.04 $23,177.54 $23,548.85 $137,906.25 TIPD 24 0.36%0.59%$7,894.11 $7,951.58 $14,751.50 $14,978.03 $15,211.36 $15,451.69 $15,699.23 $91,937.50 KCPD 17 0.25%0.42%$5,591.66 $5,632.37 $10,448.98 $10,609.44 $10,774.72 $10,944.95 $11,120.29 $65,122.40 BEPD 26 0.39%0.64%$8,551.95 $8,614.21 $15,980.79 $16,226.20 $16,478.98 $16,739.33 $17,007.50 $99,598.96 ISPD 16 0.24%0.40%$5,262.74 $5,301.05 $9,834.33 $9,985.35 $10,140.91 $10,301.13 $10,466.16 $61,291.67 PCS 48 0.72%1.19%$15,788.21 $15,903.15 $29,502.99 $29,956.06 $30,422.73 $30,903.39 $31,398.47 $183,875.01 Law Total Users 4043 R911 Users 2650 Law + R911 Users 6693 * Figures are based on current estimates; final estimates will be calculated and distributed within 14 days of the full execution of the vendor contract. PRIME Regional CAD/RMS Cost Estimate Breakdown R911 Software Cost Law Software Cost County Funding Software Total PRIME Personnel PRIME Operating Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ANX2021-12019 Agenda Date: 5/16/2022 Status: Agenda ReadyVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 6.1 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designations of Residential Low (RL) and Water and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1827 Audubon Street and pass Ordinances 9540-22, 9541-22, and 9542-22 on first reading. (ANX2021-12019) SUMMARY: This voluntary annexation petition involves a 0.479-acre property consisting of one parcel of land occupied by a detached dwelling. The property is located on the south side of Audubon Street approximately 300 feet south of Druid Road. The applicant is requesting annexation in order to receive sanitary sewer and solid waste service from the City. The property is located in an enclave and is contiguous to existing city boundaries to the north, west and east. It is proposed that the property be assigned Future Land Use Map designations of Residential Low (RL) and Water 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. The closest sanitary sewer line is located in the adjacent Audubon Street right-of-way. The applicant is aware that the City's sewer impact and assessment fees must be paid in full prior to connection and 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 McMullen Booth Road. Fire and emergency medical services will be provided to the 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 Page 1 City of Clearwater Printed on 5/13/2022 File Number: ANX2021-12019 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 Water Future Land Use Map category recognizes the water feature to the rear of the property. 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, west and east; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 5/13/2022 Ordinance No. 9540-22 ORDINANCE NO. 9540-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF AUDUBON STREET APPROXIMATELY 300 FEET SOUTH OF DRUID ROAD, WHOSE POST OFFICE ADDRESS IS 1827 AUDUBON STREET, CLEARWATER, FLORIDA 33764 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; (ANX2021-12019) 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. 9540-22 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 ANX2021‐12019 ========================================================================================= No. Parcel ID Lot No., Block No. Address 1. 13-29-15-32382-000-0140 Lot 14 1827 Audubon Street The above in GRACEMOOR, as recorded in PLAT BOOK 30, PAGE 7, of the Public Records of Pinellas County, Florida. Together with: The property as described in OFFICIAL RECORD BOOK 6048, PAGE 2065, of the Public Records of Pinellas County, Florida. Exhibit “B” PROPOSED ANNEXATION Owner(s): Bridget M. Bailey Case: ANX2021-12019 Site: 1827 Audubon Street Property Size(Acres): ROW (Acres): 0.479 Land Use Zoning PIN: 13-29-15-32382-000-0140 From : Residential Low (RL) & Water R-3 Single Family Residential Atlas Page: 298A To: Residential Low (RL) & Water Low Medium Density Residential (LMDR) Ordinance No. 9541-22 ORDINANCE NO. 9541-22 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 SOUTH SIDE OF AUDUBON STREET APPROXIMATELY 300 FEET SOUTH OF DRUID ROAD, WHOSE POST OFFICE ADDRESS IS 1827 AUDUBON STREET, CLEARWATER, FLORIDA 33764, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL) 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 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) and Water (ANX2021-12019) 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. 9540-22. Ordinance No. 9541-22 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 ANX2021‐12019 ========================================================================================= No. Parcel ID Lot No., Block No. Address 1. 13-29-15-32382-000-0140 Lot 14 1827 Audubon Street The above in GRACEMOOR, as recorded in PLAT BOOK 30, PAGE 7, of the Public Records of Pinellas County, Florida. Together with: The property as described in OFFICIAL RECORD BOOK 6048, PAGE 2065, of the Public Records of Pinellas County, Florida. Exhibit “B” PROPOSED FUTURE LAND USE MAP Owner(s): Bridget M. Bailey Case: ANX2021-12019 Site: 1827 Audubon Street Property Size(Acres): ROW (Acres): 0.479 Land Use Zoning PIN: 13-29-15-32382-000-0140 From : Residential Low (RL) & Water R-3 Single Family Residential Atlas Page: 298A To: Residential Low (RL) & Water Low Medium Density Residential (LMDR) Ordinance No. 9542-22 ORDINANCE NO. 9542-22 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 AUDUBON STREET APPROXIMATELY 300 FEET SOUTH OF DRUID ROAD, WHOSE POST OFFICE ADDRESS IS 1827 AUDUBON STREET, CLEARWATER, FLORIDA 33764, 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. 9540-22. Property Zoning District See attached Exhibit “A” for legal description; Low Medium Density Residential (LMDR) (ANX2021-12019) Ordinance No. 9542-22 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 ANX2021‐12019 ========================================================================================= No. Parcel ID Lot No., Block No. Address 1. 13-29-15-32382-000-0140 Lot 14 1827 Audubon Street The above in GRACEMOOR, as recorded in PLAT BOOK 30, PAGE 7, of the Public Records of Pinellas County, Florida. Together with: The property as described in OFFICIAL RECORD BOOK 6048, PAGE 2065, of the Public Records of Pinellas County, Florida. Exhibit “B” PROPOSED ZONING MAP Owner(s): Bridget M. Bailey Case: ANX2021-12019 Site: 1827 Audubon Street Property Size(Acres): ROW (Acres): 0.479 Land Use Zoning PIN: 13-29-15-32382-000-0140 From : Residential Low (RL) & Water R-3 Single Family Residential Atlas Page: 298A To: Residential Low (RL) & Water Low Medium Density Residential (LMDR) LOCATION MAP Owner(s): Bridget M. Bailey Case: ANX2021-12019 Site: 1827 Audubon Street Property Size(Acres): ROW (Acres): 0.479 Land Use Zoning PIN: 13-29-15-32382-000-0140 From : Residential Low (RL) & Water R-3 Single Family Residential Atlas Page: 298A To: Residential Low (RL) & Water Low Medium Density Residential (LMDR) AERIAL PHOTOGRAPH Owner(s): Bridget M. Bailey Case: ANX2021-12019 Site: 1827 Audubon Street Property Size(Acres): ROW (Acres): 0.479 Land Use Zoning PIN: 13-29-15-32382-000-0140 From : Residential Low (RL) & Waterp R-3 Single Family Residential Atlas Page: 298A To: Residential Low (RL) & Water Low Medium Density Residential (LMDR) EXISTING SURROUNDING USES MAP Owner(s): Bridget M. Bailey Case: ANX2021-12019 Site: 1827 Audubon Street Property Size(Acres): ROW (Acres): 0.479 Land Use Zoning PIN: 13-29-15-32382-000-0140 From : Residential Low (RL) & Water R-3 Single Family Residential Atlas Page: 298A To: Residential Low (RL) & Water Low Medium Density Residential (LMDR) Detached Dwellings Detached Dwellings Detached Dwellings Detached Dwellings ANX2021-12019 Bridget M. Bailey 1827 Audubon Street View looking south at subject property 1827 Audubon Street West of the subject property East of the subject property Across the street, to the north of the subject property View looking easterly along Audubon Street View looking westerly along Audubon Street Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: LUP2022-01001 Agenda Date: 5/16/2022 Status: Agenda ReadyVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 6.2 SUBJECT/RECOMMENDATION: Approve a Future Land Use Map Amendment from the Residential/Office General (R/OG) category to the Commercial General (CG) category for a portion of property located at 1640 Gulf to Bay Boulevard and pass Ordinance 9554-22 on first reading. (LUP2022-01001) SUMMARY: This Future Land Use Map amendment involves a 0.74-acre portion of a 2.26-acre property located on the northeast corner of Gulf to Bay Boulevard and South Keystone Avenue. The applicant, MSCW-GTB, LLC, is requesting to amend the future land use category of the north one-third of the property, approximately 0.74 acres, from Residential/Office General (R/OG) to Commercial General (CG). The applicant has submitted a Zoning Atlas amendment which is being processed concurrently with this case (REZ2022-01001). The property is currently developed with a 17,684 square foot office building with the only occupant being a bank branch. There are two current future land use map categories on the property. The north one-third has a future land use map category of Residential/Office General (R/OG), and the southern two-thirds has a future land use map category of Commercial General (CG). The Residential/Office General (R/OG) category has a maximum density of 15 dwelling units per acre and a maximum floor area ration (FAR) of 0.50. The Commercial General (CG) category has a maximum density of 24 dwelling units per acre and a maximum floor area ratio (FAR) of 0.55. The proposed amendment would allow the property to have one consistent future land use map category of Commercial General (CG) and would increase the development potential of the site by approximately 4,900 square feet. The applicant has indicated the desire to construct a car wash on the property while the existing office building is to remain; however, no site plans have been submitted at this time. The Planning and Development Department has determined that the proposed future land use amendment is consistent with the provisions of the Clearwater Community Development Code as specified below: ·The proposed amendment is consistent with the Comprehensive Plan and the Countywide Plan Rules. ·The proposed amendment is compatible with the surrounding properties and character of the neighborhood. ·Sufficient public facilities are available to serve the property. ·The proposed amendment will not have an adverse impact on the natural environment. ·The proposed amendment will not have an adverse impact on the use of property in the immediate area. Page 1 City of Clearwater Printed on 5/13/2022 File Number: LUP2022-01001 The proposed City of Clearwater future land use category of Commercial General (CG) will necessitate an amendment of the Countywide Plan Map from the Office (O) category to the Retail & Services (R&S) category. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of Forward Pinellas, in its role as the Pinellas Planning Council, and the Board of County Commissioners acting as the Countywide Planning Authority. The application is a small-scale amendment so review and approval by the Florida Department of Economic Opportunity is not required. The Community Development Board reviewed this application at its April 19, 2022 public hearing and made a unanimous recommendation of approval to the Council. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 5/13/2022 Ordinance No. 9554-22 ORDINANCE NO. 9554-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR A PORTION OF CERTAIN REAL PROPERTY LOCATED ON THE NORTHEAST CORNER OF GULF TO BAY BOULEVARD AND SOUTH KEYSTONE AVENUE, WHOSE POST OFFICE ADDRESS IS 1640 GULF TO BAY BOULEVARD, CLEARWATER, FLORIDA 33755, FROM RESIDENTIAL/OFFICE GENERAL (R/OG), TO COMMERCIAL GENERAL (CG); 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 properties, as follows: Properties Land Use Category See attached Exhibit “A” for legal description; From: Residential/Office General (R/OG) To: Commercial General (CG) (LUP2022-01001) 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 contingent upon approval of the countywide plan land use designation by the Pinellas County Board of Commissioners, where applicable, and thirty-one (31) days post-adoption. If this ordinance is appealed within thirty (30) days after adoption, then this ordinance will take effect only after approval of the countywide plan land use designation by the Pinellas County Board of Commissioners and upon issuance of a final order determining this amendment to be in compliance either by the Department of Economic Opportunity (DEO) or the Administration Commission, where applicable, pursuant to section 163.3187, Florida Ordinance No. 9554-22 Statutes. The Community Development Coordinator is authorized to transmit to Forward Pinellas, in its role as the Pinellas Planning Council, an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City’s Comprehensive Plan as amended by this ordinance. 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 LUP2022‐01001 & REZ2022‐01001, A portion of 1640 Gulf to Bay Boulevard, 14‐29‐15‐47220‐000‐0010 A PORTION OF LOT 1, KRUEGER‐N.C.N.B. SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 105, PAGE 15, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1, THENCE RUN N 00°39’48” W, ALONG THE WEST LINE OF SAID LOT 1, 280.37 FEET FOR A POINT OF BEGINNING; THENCE CONTINUE ALONG SAID WEST LINE, N 00°39’48” W, 137.77 FEET TO THE NORTH LINE OF SAID LOT 1; THENCE S 88°56’09” E ALONG SAID NORTH LINE, 235.00 FEET TO THE EAST LINE OF SAID LOT 1; THENCE S 00°39’48” W ALONG SAID EAST LINE, 137.77 FEET; THENCE N 88°56’09” W, 235.00 FEET TO THE POINT OF BEGINNING. CONTAINING 32,360± SQUARE FEET OR 0.74± ACRES MORE OR LESS. Exhibit “B” 46584 49716 47220 L A 8 9 10 12 13 14 15 161718 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18192021222324 12 13 14 1 2 3 4 6 8 8 9 10 11 12 2 1 23 13/04 13/02 13/05 14/10 14/12 14/13 14/07 14/08 14/09 1.03 1.12 3.21 22 23 24 25 26 42 1 2 AC(C) ACAC 2 3 2 509 3051650 1660215 1628211 40016321630 16541700401 17001625510 5071621 16411651162016801668403 211 407 208 163016641640309 16271624212 1631206 16371644 1660167217011623200 401 311 3011658204 301 300 1698216 405 207 17091675205 1661CG RU CG RU CG RU R/OG CG CG RU CG R/OG S DUNCAN AVESKEYSTONEAVEGULF-TO-BAY BLVD RAINBOW DR S KEYSTONE DR-Not to Scale--Not a Survey-Rev. 2/7/2022 PROPOSED FUTURE LAND USES MAP Owner(s): MSCW GTB LLC Case: LUP2022-01001 REZ2022-01001 Site: A portion of 1640 Gulf to Bay Boulevard Property Size(Acres): 0.74 Land Use Zoning PIN: 14-29-15-47220-000-0010 From: Residential/Office General (R/OG) Office (O) To: Commercial General (CG) Commercial (C) Atlas Page: 288B Background: This case involves a 0.74-acre portion of a 2.26-acre property located on the northeast corner of Gulf to Bay Boulevard and South Keystone Avenue. The property is owned by MSCW-GTB, LLC and is currently developed with a 17,684 square foot office building with the only occupant being a bank branch. The existing office fronts Gulf to Bay Boulevard and the northern portion of the building has a drive-through component fronting along South Keystone Avenue. Due to there being only one tenant in the building, there is an abundance of parking, creating an economically underutilized parcel. The applicant has indicated the desire to maintain the existing office and develop a car wash also on the property. Currently, the property has two future land use map designations of Residential/Office General (R/OG) and Commercial General (CG). The Residential/Office General (R/OG) future land use category is on the north one-third of the property, totaling approximately 0.74 acres. The request is to change the Future Land Use Map designation for the northern portion of the property from Residential/Office General (R/OG) to Commercial General (CG). A request to rezone this same portion of the property from the Office (O) District to the Commercial (C) District is being processed concurrently with this case (see REZ2022-01001). The requested amendment to the Commercial General (CG) category would establish a single future land use category across the site and would allow for the redevelopment of the property in the future, including to add a car wash as indicated in the application. An amendment to the Countywide Plan Map will also be required to bring consistency between the city’s Future Land Use Map and the Countywide Plan Map. A site plan application has not been submitted at this time, and the applicant understands that all necessary approvals and permits must be obtained before development of the subject site occurs. PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: April 19, 2022 AGENDA ITEM: F.1. CASE: LUP2022-01001 REQUEST: To amend the Future Land Use Map designation for a portion of a 2.26- acre property from Residential/Office General (R/OG) to Commercial General (CG) GENERAL DATA: Agent............................... Owner............................. Robert Pergolizzi, AICP/PTP, Gulf Coast Consulting, Inc. MSCW-GTB, LLC (Attn: Mr. Neil Valk) Location .......................... 1640 Gulf to Bay Boulevard located on the northeast corner of Gulf to Bay Boulevard and South Keystone Avenue Property Size ................... 2.26 acres Community Development Board – April 19, 2022 LUP2022-01001 - Page 2 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Vicinity Characteristics: Maps 1 and 2 show the general location of the property and an aerial view of the amendment area and its surroundings. Map 1 Map 2 Map 3 shows the existing surrounding uses. To the west across South Keystone Avenue is a motel, small office building, a place of worship and an automobile parts store (retail use). Adjacent to the north are a doctor’s office and physical therapy office, with detached dwellings farther north across Rainbow Drive. Adjacent to the east is a self-storage facility, a bank office and a gas station, and to the south across Gulf to Bay Boulevard is an additional bank office and retail plaza. Map 3 Community Development Board – April 19, 2022 LUP2022-01001 - Page 3 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION As shown on Map 4, the abutting future land use designations are Residential/Office General (R/OG) to the north and Commercial General (CG) to the east in addition to being designated on the remainder of the subject parcel. Residential/Office General (R/OG) and Commercial General (CG) exist to the west across South Keystone Avenue, and Commercial General (CG) is designated on properties to the south across Gulf to Bay Boulevard. Farther north across Rainbow Drive is Residential Urban (RU). A comparison between the uses, densities and intensities allowed by the present and proposed Future Land Use Map designations appears in Table 1, along with the consistent zoning districts. Map 4 Table 1. Uses, Densities and Intensities Allowed by Present and Proposed Future Land Use Designations Present FLUM Designation Residential/Office General (R/OG) (0.74-acre portion of parcel) Requested FLUM Designation Commercial General (CG) Primary Uses: Medium Density Residential, Office Office, Retail Sales & Services Maximum Density: 15 Dwelling Units per Acre 24 Dwelling Units per Acre Maximum Intensity: FAR 0.50; ISR 0.75 FAR 0.55; ISR 0.90 Consistent Zoning Districts: Office (O), Medium Density Residential (MDR) Commercial General (CG) Community Development Board – April 19, 2022 LUP2022-01001 - Page 4 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION REVIEW CRITERIA: Consistency with the Clearwater Comprehensive Plan [Sections 4-603.F.1 and 4-603.F.2] Recommended Findings of Fact: Applicable goals and policies of the Clearwater Comprehensive Plan which support the proposed amendment include: Goal A.2 A sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development. Policy A.2.2.8 Commercial land uses shall be located at the intersection of arterial or collector streets and should be sited in such a way as to minimize the intrusion of off-site impacts into residential neighborhoods. New plats and site plans shall discourage the creation of “strip commercial” zones by insuring adequate lot depths are maintained and by zoning for commercial development at major intersections. Goal A.4. The City shall work toward a land use pattern that can be supported by the available community and public facilities that would be required to serve the development. Policy A.4.1.1 The Concurrency Management System shall ensure proposed development is in conformance with existing and planned support facilities for which a level of service standard has been adopted and that such facilities and services are available, at the adopted level of service standards, concurrent with the impacts of development. Policy A.5.5.4 The transition between intensive redevelopment areas and adjacent low density areas should be sensitive to the scale of development in those low density areas. Goal A.6 The City of Clearwater shall utilize innovative and flexible planning and engineering practices, and urban design standards in order to protect historic resources, ensure neighborhood preservation, redevelop blighted areas, and encourage infill development. Policy A.6.2.2 Encourage land use conversions on economically underutilized parcels and corridors, and promote redevelopment activities in these areas. The proposed Commercial General (CG) future land use designation is consistent with the designation of the majority of the parcel and compatible with the surrounding retail, overnight accommodation and office uses. The applicant has indicated the desire to develop the property with a car wash in addition to maintaining the existing bank office; however, no site plan application has been submitted at this time. An amendment to the Commercial General (CG) designation would allow for the site to have a unified future land use category which would support infill development on the property. Overall, the total intensity allowed will be greater than permitted by the average of the current two land use designations as well as the surrounding Residential/Office General (R/OG) land use category to the north and west. The remaining Residential/Office General (R/OG) to the north will continue to serve as a transitional buffer between the Commercial General (CG) and the areas designated Residential Urban (RU) across Rainbow Drive further to the north. In addition, the proposal does not degrade the level of service for public facilities below the adopted standards (a detailed public facilities analysis follows in this report). Community Development Board – April 19, 2022 LUP2022-01001 - Page 5 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Recommended Conclusions of Law: The request does not conflict with the goals, objectives and policies of the Clearwater Comprehensive Plan and furthers said plan as indicated above. Consistency with the Countywide Rules Recommended Findings of Fact: The underlying Countywide Plan Map category on the proposed amendment area is Office (O). The proposed amendment area is bounded by Retail & Services (R&S) to the south and east and Office (O) to the north and west across South Keystone Avenue. The proposed City of Clearwater future land use designation of Commercial General (CG) will necessitate an amendment from the Office (O) category to the Retail & Services (R&S) category to maintain consistency between the City’s Future Land Use Map and the Countywide Plan Map. Section 2.3.3.8 of the Countywide Rules states that the Retail & Services category in intended to depict areas developed with, or appropriate to be developed with, a mix of businesses that provide for the shopping and personal service needs of the community or region, provide for employment opportunities and accommodate target employment uses, and may include residential uses as part of the mix of uses. The proposed use, as indicated by the applicant, will be a car wash and bank office, which are appropriate uses within the area and consistent with the proposed and surrounding Countywide Plan Map categories. Recommended Conclusions of Law: The proposed Future Land Use Map amendment is consistent with the purpose of the proposed category in the Countywide Rules. Compatibility with Surrounding Properties/Character of the City & Neighborhood [Section 4-603.F.3 and Section 4-603.F.6] Recommended Findings of Fact: Existing surrounding uses primarily consist of offices to the north and west. A self-storage facility exists to the east with an additional bank office and gas station further east, and to the west there is a motel and automobile parts store across South Keystone Avenue. Additionally, there is a bank office and retail plaza to the south across Gulf to Bay Boulevard. The proposed use of the subject property of a car wash and bank office is compatible with the surrounding properties and neighborhood. Recommended Conclusions of Law: The proposed Commercial General (CG) future land use category would allow development that is in character with the Future Land Use Map designations in the area. Further, the proposal is compatible with surrounding uses and consistent with the character of the surrounding properties and neighborhood. Community Development Board – April 19, 2022 LUP2022-01001 - Page 6 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Sufficiency of Public Facilities [Section 4-603.F.4] Recommended Findings of Fact: To assess the sufficiency of public facilities needed to support potential development on the proposed amendment area, the maximum development potential of the property under the current and requested City Future Land Use Map designations were analyzed. Table 2. Development Potential for Existing & Proposed FLUM Designations Present FLUM Designation “R/OG” Requested FLUM Designation “CG” Net Change Site Area 0.74 AC (32,234 SF) 0.74 AC (32,234 SF) Maximum Development Potential 0 DUs1 / 33 Beds 0 Hotel Units 16,117 SF 0.50 FAR 0 DUs2 / 0 Beds2 29 Hotel Units 17,728 SF 0.55 FAR 0 DUs / -33 Beds + 29 Hotel Units +1,611 SF +0.05 FAR Notes: 1. Residential uses are not permitted through the consistent Office (O) District; therefore, the development potential is zero. 2. Residential and residential equivalent uses are not permitted in the consistent Commercial (C) District; therefore, the development potential is zero. Abbreviations: FLUM – Future Land Use Map DUs – Dwelling Units AC – Acres FAR – Floor Area Ratio SF – Square feet As shown in the table, there is an increase in development potential of approximately 1,600 square feet and the potential of up to 29 additional hotel units. The following analysis compares the maximum potential development of the proposed Commercial General (CG) future land use developed with a 17,728 square foot building to the maximum development potential of the existing Residential/Office General (R/OG) future land use developed with a 16,117 square foot building. Potable Water The change in development potential from this amendment would result in an increase in potable water use of up to 161 gallons per day. This increase is determined by taking the potential potable water utilization of the proposed land use developed with a non-residential use built out at the maximum square footage allowed (1,773 gallons per day) and subtracting it from the potential usage of a non-residential use built out at the maximum square footage permitted by the current land use designation (1,612 gallons per day). The City’s current potable water demand is 10.64 million gallons per day (MGD). The City’s adopted level of service (LOS) standard for potable water service is 120 gallons per day per capita, while the actual usage is estimated at 72 gallons per day per capita (2020 Annual Water Report). The City’s 10-year Water Supply Facilities Work Plan (2016-2026 Planning Period), completed October 2017, indicates that based on the updated water demand projections and other factors, the City has adequate water supply and potable water capacity for the 10-year planning horizon. Community Development Board – April 19, 2022 LUP2022-01001 - Page 7 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Wastewater The change in development potential from this amendment would result in an increase in wastewater use of up to 129 gallons per day. This increase is determined by taking the potential potable water utilization of the proposed land use developed with a non-residential use built out at the maximum square footage allowed (1,418 gallons per day) and subtracting it from the potential usage of a non-residential use built out at the maximum square footage permitted by the current land use designations (1,289 gallons per day). The subject property is served by the Marshall Street Water Reclamation Facility, which presently has excess permitted capacity estimated to be 4.82 million gallons per day. Therefore, there is excess sanitary sewer capacity to serve the amendment area. Solid Waste The change in development potential from this amendment would increase up to 7.2 tons per year of solid waste generated. This increase is determined by taking the utilization of the proposed land use developed with a non-residential use built out at the maximum square footage permitted (78.9 tons per year) and subtracting it from the potential utilization of a non-residential use built out at the maximum square footage permitted by the current land use designations (71.7 tons per year). Pinellas County handles all solid waste disposal is handled at the Pinellas County Waste-to-Energy Plant and the Bridgeway Acres Sanitary Landfill which has significant capacity. Additionally, the City provides a full- service citywide recycling program which diverts waste from the landfill, helping to extend the lifespan of Bridgeway Acres. There is excess solid waste capacity to serve the amendment area. Parkland Under both the existing and proposed future land use, the LOS citywide will continue to exceed the adopted LOS of 4 acres per 1,000 residents. The City is currently providing 7.89 acres of parkland per 1,000 residents. With the proposed future land use amendment, two additional units could be developed resulting in five additional residents. This is calculated using the most recent ACS estimate of 2.4 persons per household within the City of Clearwater. Based on this impact analysis, the current provision of 7.89 acres of parkland per 1,000 would remain unchanged [Source: Draft Parks and Recreation Facilities Impact Fee Study, prepared by Tindale Oliver Draft Date March 18, 2020]. Amending a property’s future land use or zoning designation does not have an immediate impact on the City’s Parks and Recreation system and parkland requirements. Impacts are felt when development occurs. This future land use map amendment will have no additional impact on parkland. However, Parks and Recreation Impact Fees required to provide new recreation facilities and services will be assessed at the time of development and will be based on the maximum increase in residents. Stormwater Site plan approval will be required before the property can be redeveloped. At that time, the stormwater management system for the site will be required to meet all City and SWFWMD stormwater management criteria. Community Development Board – April 19, 2022 LUP2022-01001 - Page 8 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Streets The subject property is located on the northeast corner of Gulf to Bay Boulevard and South Keystone Avenue. To evaluate potential impacts on streets, the typical traffic impacts figure (trips per day per acre) in the Countywide Rules for the corresponding Countywide Plan Map categories (current and proposed) are compared. The current number of trips per day (65 trips) is calculated based on the per acre impact for the Office (O) category of 89 trips/day/acre. The proposed Countywide Plan Map category of Retail & Services (R&S) category has an impact of 433 trips/day/acre (320 trips); therefore, the proposed amendment could result in an additional 255 trips per day per acre. This segment of Gulf to Bay Boulevard is operating at a level of service “C” and the potential increase in trips would not degrade the level of service. Recommended Conclusions of Law: Based upon the findings of fact, the proposed development of a car wash would increase the demand on several public facilities; however, it is determined that the proposed change will not result in the degradation of the current levels of service for potable water, sanitary sewer, solid waste, parkland, stormwater management and streets. Impact on Natural Resources [Section 4-603.F.5] Recommended Findings of Fact: No wetlands appear to be located on the subject property. The City’s codes require that development is compliant with the City’s tree preservation, landscaping and stormwater management requirements. Recommended Conclusions of Law: Based on the findings of fact, it is determined that the proposed Future Land Use Map amendment will not negatively impact natural resources on the subject property. Community Development Board – April 19, 2022 LUP2022-01001 - Page 9 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION SUMMARY AND RECOMMENDATION: No amendment to the Comprehensive Plan or Future Land Use Map shall be recommended for approval or receive a final action of support unless it complies with the standards contained in Section 4-603.F, Community Development Code. Table 3 below depicts the consistency of the proposed amendment with the standards under to Section 4-603.F: Table 3. Consistency with Community Development Code Standards for Review CDC Section 4-603 Standard Consistent Inconsistent F.1 The amendment will further implementation of the Comprehensive Plan consistent with the goals, policies and objectives contained in the Plan. X F.2 The amendment is not inconsistent with other provisions of the Comprehensive Plan. X F.3 The available uses, if applicable, to which the properties may be put are appropriate to the properties in question and compatible with existing and planned uses in the area. X F.4 Sufficient public facilities are available to serve the properties. X F.5 The amendment will not adversely affect the natural environment. X F.6 The amendment will not adversely impact the use of properties in the immediate area. X Based on the foregoing, the Planning and Development Department recommends the following action: Recommend APPROVAL of the Future Land Use Map Amendment from Residential/Office General (R/OG) to Commercial General (CG). Prepared by Planning and Development Department Staff: Kyle Brotherton Senior Planner ATTACHMENTS: Ordinance No. 9554-22 Resume Photographs of Site and Vicinity LUP2022-01001, REZ2022-01001 MSCW-GTB, LLC 1640 Gulf to Bay Boulevard View looking north at subject property 1640 Gulf to Bay Boulevard East of the subject property Across the street, to the south of the subject property View looking easterly along Gulf to Bay Boulevard View looking westerly along Gulf to Bay Boulevard Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: REZ2022-01001 Agenda Date: 5/16/2022 Status: Agenda ReadyVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 6.3 SUBJECT/RECOMMENDATION: Approve a Zoning Atlas Amendment from the Office (O) District to the Commercial (C) District for a portion of property located at 1640 Gulf to Bay Boulevard and pass Ordinance 9555-22 on first reading. (REZ2022-01001) SUMMARY: This Zoning Atlas amendment involves a 0.74-acre portion of a 2.26-acre property located on the northeast corner of Gulf to Bay Boulevard and South Keystone Avenue. The applicant, MSCW-GTB, LLC, is requesting to rezone the north one-third of the property, approximately 0.74 acres, from the Office (O) District to the Commercial (C) District. The applicant has submitted a Future Land Use Map amendment, which is being processed concurrently with this case (LUP2022-01001). The proposed Commercial (C) District is compatible with the surrounding zoning districts and commercial, office, self-storage and overnight accommodation uses that exist in the vicinity of the property. The proposed Commercial (C) District would also allow the property to have one consistent zoning district, which will make development or redevelopment of the property easier. The applicant has indicated the desire to construct a car wash on the property while the existing office building is to remain; however, no site plans have been submitted at this time. The Planning and Development Department has determined that the proposed Zoning Atlas amendment is consistent with the provisions of the Community Development Code as specified below: ·The proposed amendment is consistent with the Comprehensive Plan and the Community Development Code. ·The proposed amendment is compatible with the surrounding properties and character of the neighborhood. ·The available uses in the Commercial (C) District are compatible with the surrounding area. ·The proposed amendment will not adversely impact or unreasonably affect the use of other property in the area. ·The proposed amendment will not adversely burden public facilities, including traffic carrying capabilities of streets in an unreasonably or disproportionate manner, and ·The proposed Commercial (C) District boundaries are appropriately drawn in regard to location and classification of street, ownership lines, existing improvements and the natural environment. The Community Development Board reviewed this application at its April 19, 2022 public Page 1 City of Clearwater Printed on 5/13/2022 File Number: REZ2022-01001 hearing and made a unanimous recommendation of approval to the Council. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 5/13/2022 Ordinance No. 9555-22 ORDINANCE NO. 9555-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING A PORTION OF CERTAIN REAL PROPERTY LOCATED ON THE NORTHEAST CORNER OF GULF TO BAY BOULEVARD AND SOUTH KEYSTONE AVENUE, WHOSE POST OFFICE ADDRESS IS 1640 GULF TO BAY BOULEVARD, CLEARWATER, FLORIDA 33755, FROM OFFICE (O) TO COMMERCIAL (C); 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 the City of Clearwater, Florida, is hereby rezoned as indicated, 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 approval of the countywide land use designation set forth in Ordinance 9554-22 by the Pinellas County Board of County Commissioners. Property Zoning District See attached Exhibit “A” for legal description; From: Office (O) To: Commercial (C) (REZ2022-01001) Ordinance No. 9555-22 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 LUP2022‐01001 & REZ2022‐01001, A portion of 1640 Gulf to Bay Boulevard, 14‐29‐15‐47220‐000‐0010 A PORTION OF LOT 1, KRUEGER‐N.C.N.B. SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 105, PAGE 15, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1, THENCE RUN N 00°39’48” W, ALONG THE WEST LINE OF SAID LOT 1, 280.37 FEET FOR A POINT OF BEGINNING; THENCE CONTINUE ALONG SAID WEST LINE, N 00°39’48” W, 137.77 FEET TO THE NORTH LINE OF SAID LOT 1; THENCE S 88°56’09” E ALONG SAID NORTH LINE, 235.00 FEET TO THE EAST LINE OF SAID LOT 1; THENCE S 00°39’48” W ALONG SAID EAST LINE, 137.77 FEET; THENCE N 88°56’09” W, 235.00 FEET TO THE POINT OF BEGINNING. CONTAINING 32,360± SQUARE FEET OR 0.74± ACRES MORE OR LESS. Exhibit “B” 46584 49716 47220 L A 8 9 10 12 13 14 15 161718 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18192021222324 12 13 14 1 2 3 4 6 8 8 9 10 11 12 2 1 23 13/04 13/02 13/05 14/10 14/12 14/13 14/07 14/08 14/09 1.03 1.12 3.21 22 23 24 25 26 42 1 2 AC(C) ACAC 2 3 2 509 3051650 1660215 1628211 40016321630 16541700401 17001625510 5071621 16411651162016801668403 211 407 208 163016641640309 16271624212 1631206 16371644 1660167217011623200 401 311 3011658204 301 300 1698216 405 207 17091675205 1661S DUNCAN AVESKEYSTONEAVEGULF-TO-BAY BLVD RAINBOW DR S KEYSTONE DRO LMDR LMDR C -Not to Scale--Not a Survey-Rev. 2/7/2022 PROPOSED ZONING MAP Owner(s): MSCW GTB LLC Case: LUP2022-01001 REZ2022-01001 Site: A portion of 1640 Gulf to Bay Boulevard Property Size(Acres): 0.74 Land Use Zoning PIN: 14-29-15-47220-000-0010 From: Residential/Office General (R/OG) Office (O) To: Commercial General (CG) Commercial (C) Atlas Page: 288B PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: April 19, 2022 AGENDA ITEM: F.2. CASE: REZ2022-01001 REQUEST: To amend the Zoning Atlas designation for a portion of a 2.26-acre property from the Office (O) District to the Commercial (C) District. GENERAL DATA: Agent................................ Owner ............................. Robert Pergolizzi, AICP/PTP, Gulf Coast Consulting, Inc. MSCW-GTB, LLC (Attn: Mr. Neil Valk) Location ......................... 1640 Gulf to Bay Boulevard located on the northeast corner of Gulf to Bay Boulevard and South Keystone Avenue Property Size................... 2.26 acres Background: This case involves a 0.74-acre portion of a 2.26-acre property located on the northeast corner of Gulf to Bay Boulevard and South Keystone Avenue. The property is owned by MSCW-GTB, LLC and is currently developed with a 17,684 square foot office building with the only occupant being a bank branch. The existing office fronts Gulf to Bay Boulevard and the northern portion of the building has a drive-through component fronting along South Keystone Avenue. Due to there being only one tenant in the building, there is an abundance of parking, creating an economically underutilized parcel. The applicant has indicated the desire to maintain the existing office and develop a car wash also on the property. Currently, the property has two Zoning Atlas designations of Office (O) and Commercial (C). The Office (O) zoning district is on the north one-third of the property, totaling approximately 0.74 acres. The request is to change the Zoning Atlas designation for the northern portion of the property from Office (O) to Commercial (C). A request to amend the Future Land Use Map designation of this same portion of the property from the Residential/Office General (R/OG) category to the Commercial General (CG) category is being processed concurrently with this case (see LUP2022-01001). The requested amendment to the Commercial (C) District would establish a single zoning district across the site and would allow for the redevelopment of the property in the future, including to add a car wash as indicated in the application. A site plan application has not been submitted at this time, and the applicant understands that all necessary approvals and permits must be obtained before development of the subject site occurs Community Development Board – April 19, 2022 REZ2022-01001 - Page 2 of 8 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Vicinity Characteristics: Maps 1 and 2 show the general location of the property and an aerial view of the amendment area and its surroundings. Map 1 Map 2 Map 3 shows the existing surrounding uses. To the west across South Keystone Avenue is a motel, small office building, a place of worship and an automobile parts store (retail use). Adjacent to the north are a doctor’s office and physical therapy office, with detached dwellings farther north across Rainbow Drive. Adjacent to the east is a self-storage facility, a bank office and a gas station, and to the south across Gulf to Bay Boulevard is an additional bank office and retail plaza. Map 3 Community Development Board – April 19, 2022 REZ2022-01001 - Page 3 of 8 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION As shown on Map 4, the Zoning Atlas designations around the property are Office (O) abutting to the north and across South Keystone Avenue to the west, Commercial (C) abutting to the east, across South Keystone Avenue to the west, and to the south across Gulf to Bay Boulevard. Low Medium Density Residential (LMDR) also exists farther north, across Rainbow Drive. Map 4 REVIEW CRITERIA: Consistency with the Clearwater Comprehensive Plan and Community Development Code and Regulations [Section 4-602.F.1] Recommended Findings of Fact: Applicable goals and policies of the Clearwater Comprehensive Plan which support the proposed amendment include: Goal A.2 A sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development. Policy A.2.2.8 Commercial land uses shall be located at the intersection of arterial or collector streets and should be sited in such a way as to minimize the intrusion of off-site impacts into residential neighborhoods. New plats and site plans shall discourage the creation of “strip commercial” zones by insuring adequate lot depths are maintained and by zoning for commercial development at major intersections. Community Development Board – April 19, 2022 REZ2022-01001 - Page 4 of 8 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Goal A.4. The City shall work toward a land use pattern that can be supported by the available community and public facilities that would be required to serve the development. Policy A.4.1.1 The Concurrency Management System shall ensure proposed development is in conformance with existing and planned support facilities for which a level of service standard has been adopted and that such facilities and services are available, at the adopted level of service standards, concurrent with the impacts of development. Policy A.5.5.4 The transition between intensive redevelopment areas and adjacent low density areas should be sensitive to the scale of development in those low density areas. Goal A.6 The City of Clearwater shall utilize innovative and flexible planning and engineering practices, and urban design standards in order to protect historic resources, ensure neighborhood preservation, redevelop blighted areas, and encourage infill development. Policy A.6.2.2 Encourage land use conversions on economically underutilized parcels and corridors, and promote redevelopment activities in these areas. Applicable section of the Community Development Code which supports the proposed amendment: Division 7, Commercial District, Section 2-701. Intent and Purpose. The intent and purpose of the Commercial District is to provide the citizens of the City of Clearwater with convenient access to goods and services throughout the city without adversely impacting the integrity of residential neighborhoods, diminishing the scenic quality of the city of negatively impacting the safe and efficient movement of people and things within the City of Clearwater. The proposed Commercial (C) District is compatible with the surrounding retail, overnight accommodation and office uses. The split zoning on the property has made infill development or redevelopment difficult, and this amendment will allow the site to have one zoning district. The applicant has indicated the property will be developed in the future with a car wash in addition to the bank office; however, no site plan has been submitted at this time. The proposed amendment would allow the property to be utilized more economically. In addition, the proposal does not degrade the level of service for public facilities below the adopted standards (a detailed public facilities analysis follows in this report). Recommended Conclusions of Law: The request does not conflict with the goals, objectives, and policies of the Clearwater Comprehensive Plan and furthers said plan and the Community Development Code as indicated above. Community Development Board – April 19, 2022 REZ2022-01001 - Page 5 of 8 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Compatibility with Surrounding Properties/Character of the City & Neighborhood [Section 4-602.F.2, 4-602.F.3 and Section 4-602.F.4] Recommended Findings of Fact: Existing surrounding uses primarily consist of offices to the north and west. A self-storage facility exists to the east with an additional bank office and gas station further east, and to the west there is a motel and automobile parts store across South Keystone Avenue. Additionally, there is a bank office and retail plaza to the south across Gulf to Bay Boulevard. The proposed Commercial (C) District is consistent with the zoning districts that exist in the vicinity of the subject property and allows for the property to have a unified zoning district. The proposed Commercial (C) District will allow for infill development on the property and is consistent with the surrounding uses that currently exist in the vicinity. Recommended Conclusions of Law: The proposed Commercial (C) District is in character with the zoning districts in the area. Further, the proposal is compatible with surrounding uses and consistent with the character of the surrounding properties and neighborhood. Sufficiency of Public Facilities [Section 4-602.F.5] Recommended Findings of Fact: Even though this is a Zoning Atlas amendment application, maximum development potential is based on the underlying future land use, so to assess the sufficiency of public facilities needed to support potential development on the proposed property, the maximum development potential under the current Future Land Use Map designation was analyzed. Table 1. Development Potential for Existing FLUM Designation Present FLUM Designation “R/OG” Requested FLUM Designation “CG” Net Change Site Area 0.74 AC (32,234 SF) 0.74 AC (32,234 SF) Maximum Development Potential 0 DUs1 / 33 Beds 0 Hotel Units 16,117 SF 0.50 FAR 0 DUs2 / 0 Beds2 29 Hotel Units 17,728 SF 0.55 FAR 0 DUs / -33 Beds + 29 Hotel Units +1,611 SF +0.05 FAR Notes: 1. Residential uses are not permitted through the consistent Office (O) District; therefore, the development potential is zero. 2. Residential and residential equivalent uses are not permitted in the consistent Commercial (C) District; therefore, the development potential is zero. Abbreviations: FLUM – Future Land Use Map DUs – Dwelling Units AC – Acres FAR – Floor Area Ratio SF – Square feet Community Development Board – April 19, 2022 REZ2022-01001 - Page 6 of 8 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION As shown in the table, there is an increase in development potential of approximately 1,600 square feet and the potential of up to 29 additional hotel units. The following analysis compares the maximum potential development of the proposed Commercial General (CG) future land use developed with a 17,728 square foot building to the maximum development potential of the existing Residential/Office General (R/OG) future land use developed with a 16,117 square foot building. Potable Water The change in development potential from this amendment would result in an increase in potable water use of up to 161 gallons per day. This increase is determined by taking the potential potable water utilization of the proposed land use developed with a non-residential use built out at the maximum square footage allowed (1,773 gallons per day) and subtracting it from the potential usage of a non-residential use built out at the maximum square footage permitted by the current land use designation (1,612 gallons per day). The City’s current potable water demand is 10.64 million gallons per day (MGD). The City’s adopted level of service (LOS) standard for potable water service is 120 gallons per day per capita, while the actual usage is estimated at 72 gallons per day per capita (2020 Annual Water Report). The City’s 10-year Water Supply Facilities Work Plan (2016-2026 Planning Period), completed October 2017, indicates that based on the updated water demand projections and other factors, the City has adequate water supply and potable water capacity for the 10-year planning horizon. Wastewater The change in development potential from this amendment would result in an increase in wastewater use of up to 129 gallons per day. This increase is determined by taking the potential potable water utilization of the proposed land use developed with a non-residential use built out at the maximum square footage allowed (1,418 gallons per day) and subtracting it from the potential usage of a non-residential use built out at the maximum square footage permitted by the current land use designations (1,289 gallons per day). The subject property is served by the Marshall Street Water Reclamation Facility, which presently has excess permitted capacity estimated to be 4.82 million gallons per day. Therefore, there is excess sanitary sewer capacity to serve the amendment area. Solid Waste The change in development potential from this amendment would increase up to 7.2 tons per year of solid waste generated. This increase is determined by taking the utilization of the proposed land use developed with a non-residential use built out at the maximum square footage permitted (78.9 tons per year) and subtracting it from the potential utilization of a non-residential use built out at the maximum square footage permitted by the current land use designations (71.7 tons per year). Pinellas County handles all solid waste disposal is handled at the Pinellas County Waste-to-Energy Plant and the Bridgeway Acres Sanitary Landfill which has significant capacity. Additionally, the City provides a full- service citywide recycling program which diverts waste from the landfill, helping to extend the lifespan of Bridgeway Acres. There is excess solid waste capacity to serve the amendment area. Community Development Board – April 19, 2022 REZ2022-01001 - Page 7 of 8 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Parkland Under both the existing and proposed future land use, the LOS citywide will continue to exceed the adopted LOS of 4 acres per 1,000 residents. The City is currently providing 7.89 acres of parkland per 1,000 residents. With the proposed future land use amendment, two additional units could be developed resulting in five additional residents. This is calculated using the most recent ACS estimate of 2.4 persons per household within the City of Clearwater. Based on this impact analysis, the current provision of 7.89 acres of parkland per 1,000 would remain unchanged [Source: Draft Parks and Recreation Facilities Impact Fee Study, prepared by Tindale Oliver Draft Date March 18, 2020]. Amending a property’s future land use or zoning designation does not have an immediate impact on the City’s Parks and Recreation system and parkland requirements. Impacts are felt when development occurs. This future land use map amendment will have no additional impact on parkland. However, Parks and Recreation Impact Fees required to provide new recreation facilities and services will be assessed at the time of development and will be based on the maximum increase in residents. Stormwater Site plan approval will be required before the property can be redeveloped. At that time, the stormwater management system for the site will be required to meet all City and SWFWMD stormwater management criteria. Streets The subject property is located on the northeast corner of Gulf to Bay Boulevard and South Keystone Avenue. To evaluate potential impacts on streets, the typical traffic impacts figure (trips per day per acre) in the Countywide Rules for the corresponding Countywide Plan Map categories (current and proposed) are compared. The current number of trips per day (65 trips) is calculated based on the per acre impact for the Office (O) category of 89 trips/day/acre. The proposed Countywide Plan Map category of Retail & Services (R&S) category has an impact of 433 trips/day/acre (320 trips); therefore, the proposed amendment could result in an additional 255 trips per day being generated. This segment of Gulf to Bay Boulevard is operating at a level of service “C” and the potential increase in trips would not degrade the level of service. Recommended Conclusions of Law: Based upon the findings of fact, the proposed development of a nonresidential use would increase the demand on several public facilities; however, it is determined that the proposed change will not result in the degradation of the current levels of service for potable water, sanitary sewer, solid waste, parkland, stormwater management and streets. Location of District Boundaries [Section 4-602.F.6] Recommended Findings of Fact: The location of the proposed Commercial (C) District boundaries is consistent with the signed and sealed legal description provided by a licensed land surveyor, and is consistent with the future land use designation set forth in concurrent case LUP2022-01001. Community Development Board – April 19, 2022 REZ2022-01001 - Page 8 of 8 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Recommended Conclusions of Law: The District boundaries are appropriately drawn in regard to location and classifications of streets, ownership lines, existing improvements and the natural environment. SUMMARY AND RECOMMENDATION: No amendment to the Zoning Atlas shall be recommended for approval or receive a final action of approval unless it complies with the standards contained in Section 4-602.F, Community Development Code. Table 2 below depicts the consistency of the proposed amendment with the standards under Section 4-602.F: Table 2. Consistency with Community Development Code Standards for Review CDC Section 4-602 Standard Consistent Inconsistent F.1 The proposed amendment is consistent with and features the goals, policies and objectives of the Comprehensive Plan and furthers the purposes of this Development Code and other city ordinances and actions designed to implement the plan. X F.2 The available uses to which the property may be put are appropriate to the property which is subject to the proposed amendment and compatible with existing and planned uses in the area. X F.3 The amendment does not conflict with the needs and character of the neighborhood and the city. X F.4 The amendment will not adversely or unreasonably affect the use of other property in the area. X F.5 The amendment will not adversely burden public facilities, including the traffic-carrying capacities of streets, in a unreasonably or disproportionate manner. X F.6 The district boundaries are appropriately drawn with due regard to locations and classifications of streets, ownership lanes, existing improvements and the natural environment. X Based on the foregoing, the Planning and Development Department recommends the following action: Recommend APPROVAL of the Zoning Atlas Amendment from the Office (O) District to the Commercial (C) District. Prepared by Planning and Development Department Staff: ________ Kyle Brotherton Senior Planner ATTACHMENTS: Ordinance No. 9555-22 Resume Photographs of Site and Vicinity LUP2022-01001, REZ2022-01001 MSCW-GTB, LLC 1640 Gulf to Bay Boulevard View looking north at subject property 1640 Gulf to Bay Boulevard East of the subject property Across the street, to the south of the subject property View looking easterly along Gulf to Bay Boulevard View looking westerly along Gulf to Bay Boulevard Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ANX2022-03005 Agenda Date: 5/16/2022 Status: Agenda ReadyVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 6.4 SUBJECT/RECOMMENDATION: 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 an unaddressed parcel on Otten Street and pass Ordinances 9567-22, 9568-22, and 9569-22 on first reading. (ANX2022-03005) SUMMARY: This voluntary annexation petition involves a 0.183-acre property consisting of one parcel of vacant land. The property is located on the southeast corner of Otten Street and Weston Drive . The applicant has indicated a desire to construct a detached dwelling on the property, although no plans have been submitted at this time. They are requesting annexation in order to receive water, sanitary sewer, and solid waste service from the City upon site development. The property is located within an enclave and is contiguous to city boundaries on all sides, and the annexation will eliminate an enclave. 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: ·Water, sanitary sewer, and solid waste service will be provided by the City of Clearwater. The closest sanitary sewer line is located in an easement along the southern property boundary. The closest water line is located in both the Otten Street and Weston Drive rights-of-way. The applicant is aware that the City's sewer and water impact and assessment fees must be paid in full prior to connection and of the additional costs to extend city sewer and water service to this property. 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 #51 located at 1712 Overbrook Avenue. The City has adequate capacity to serve this property with sanitary sewer, solid waste, water, 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. Page 1 City of Clearwater Printed on 5/13/2022 File Number: ANX2022-03005 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 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 proposed use of a detached dwelling on 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 on all sides; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 5/13/2022 Ordinance No. 9567-22 ORDINANCE NO. 9567-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN UNADDRESSED REAL PROPERTY LOCATED ON THE SOUTHEAST CORNER OF OTTEN STREET AND WESTON DRIVE, CLEARWATER, FLORIDA 33755 INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit “A” has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 8, Terra-Alto Estates, according to the map or plat thereof, as recorded in Plat Book 45, Page(s) 5, of the Public Records of Pinellas County, Florida; (ANX2022-03005) 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. 9567-22 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” PROPOSED ANNEXATION MAP Owner(s): Robert Smith Case: ANX2022-03005 Site: Unaddressed (0) Otten Street Property Size(Acres): ROW (Acres): 0.183 Land Use Zoning PIN: 02-29-15-90288-000-0080 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 261A To: Residential Low (RL) Low Medium Density Residential (LMDR) Ordinance No. 9568-22 ORDINANCE NO. 9568-22 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 ON THE SOUTHEAST CORNER OF OTTEN STREET AND WESTON DRIVE, CLEARWATER, FLORIDA 33755, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 8, Terra-Alto Estates, according to the map or plat thereof, as recorded in Plat Book 45, Page(s) 5, of the Public Records of Pinellas County, Florida; Residential Low (RL) (ANX2022-03005) 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. 9567-22. Ordinance No. 9568-22 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” PROPOSED FUTURE LAND USE MAP Owner(s): Robert Smith Case: ANX2022-03005 Site: Unaddressed (0) Otten Street Property Size(Acres): ROW (Acres): 0.183 Land Use Zoning PIN: 02-29-15-90288-000-0080 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 261A To: Residential Low (RL) Low Medium Density Residential (LMDR) Ordinance No. 9569-22 ORDINANCE NO. 9569-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN UNADDRESSED REAL PROPERTY LOCATED ON THE SOUTHEAST CORNER OF OTTEN STREET AND WESTON DRIVE, CLEARWATER, FLORIDA 33755, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit “A” is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9567-22. Property Zoning District Lot 8, Terra-Alto Estates, according to the map or plat thereof, as recorded in Plat Book 45, Page(s) 5, of the Public Records of Pinellas County, Florida; Low Medium Density Residential (LMDR) (ANX2022-03005) Ordinance No. 9569-22 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” PROPOSED ZONING MAP Owner(s): Robert Smith Case: ANX2022-03005 Site: Unaddressed (0) Otten Street Property Size(Acres): ROW (Acres): 0.183 Land Use Zoning PIN: 02-29-15-90288-000-0080 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 261A To: Residential Low (RL) Low Medium Density Residential (LMDR) LOCATION MAP Owner(s): Robert Smith Case: ANX2022-03005 Site: Unaddressed (0) Otten Street Property Size(Acres): ROW (Acres): 0.183 Land Use Zoning PIN: 02-29-15-90288-000-0080 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 261A To: Residential Low (RL) Low Medium Density Residential (LMDR) AERIAL PHOTOGRAPH Owner(s): Robert Smith Case: ANX2022-03005 Site: Unaddressed (0) Otten Street Property Size(Acres): ROW (Acres): 0.183 Land Use Zoning PIN: 02-29-15-90288-000-0080 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 261A To: Residential Low (RL) Low Medium Density Residential (LMDR) EXISTING SURROUNDING USES MAP Owner(s): Robert Smith Case: ANX2022-03005 Site: Unaddressed (0) Otten Street Property Size(Acres): ROW (Acres): 0.183 Land Use Zoning PIN: 02-29-15-90288-000-0080 From : Residential Low (RL) R-3 Single FamilyResidential Atlas Page: 261A To: Residential Low (RL) Low Medium Density Residential (LMDR) Place of Worship Detached Dwellings Detached Dwellings Detached Dwellings Detached Dwellings School ANX2022-03005 Robert Smith Unaddressed (0) Otten Street View looking south at subject property Unaddressed (0) Otten St East of the subject property Across the street, to the north of the subject property View looking easterly along Otten Street View looking westerly along Otten Street Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ANX2021-06011a Agenda Date: 5/16/2022 Status: Agenda ReadyVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 6.5 SUBJECT/RECOMMENDATION: Continue to a date Uncertain: Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1272 Sedeeva Circle N. and pass Ordinances 9564-22, 9565-22, and 9566-22 on second reading. (ANX2021-06011) SUMMARY: This voluntary annexation request was passed on first reading on August 19, 2021 and involves a 0.186-acre property consisting of one parcel located on the north side of Sedeeva Circle N . approximately 220 feet west of N. Betty Lane. The property is contiguous to existing City boundaries to the north, east and south. Second reading of this annexation request was delayed because the applicant was constructing a single-family dwelling on this parcel under the County’s jurisdiction. The construction has been completed and a Certificate of Occupancy issued so second reading can now take place. A Future Land Use Map designation of Residential Urban (RU) and a Zoning Atlas designation of Low Medium Density Residential (LMDR) were approved for the property on first reading. Due to the amount of time that has lapsed since that hearing, new ordinance numbers have been assigned to reflect the current year (previous Ordinance numbers: 9484-21, 9485-21 and 9486-21), so a third and final reading will also be scheduled at the June 2, 2022 meeting. Staff is continuing the item because the property was recently sold, and an updated annexation request must be obtained from the new property owner. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 5/13/2022 Ordinance No. 9564-22 ORDINANCE NO. 9564-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF SEDEEVA CIRCLE N APPROXIMATELY 220 FEET WEST OF N BETTY LANE, WHOSE POST OFFICE ADDRESS IS 1272 SEDEEVA CIRCLE N, CLEARWATER, FLORIDA 33755, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owners of the real property described herein and depicted on the map attached hereto as Exhibit “A” have petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: The West 10 feet of Lot 4 and all of Lot 5, Floradel Sub-Division, according to the map or plat thereof, as recorded in Plat Book 15, Page(s) 7, of the Public Records of Pinellas County, Florida; (ANX2021-06011) 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. 9564-22 PASSED ON FIRST READING (AS ORDINANCE NO. 9484-21) PASSED ON SECOND READING PASSED ON THIRD 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" PROPOSED ANNEXATION MAP Owner(s): Paramount Court LLC Case: ANX2021-06011 Site: 1272 Sedeeva Circle N. Property Size(Acres): ROW (Acres): 0.186 Land Use Zoning PIN:03-29-15-28098-000-0050 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) LAKE 28098 80388 K L M O O G B C E 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 12345678910111213 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38394041424344 45 46 47 48 49 50 51 9 18 9 10 11 12 13 14 15 16 17 18 1920 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 151617181920 2122 26 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 2627 2829 4445 4647 55 56 7 8 8 22 U.S.A.VET.ADM. VAC 1 1 1 1 1 1 N BETTY LN STATE ST WOODLAWN TER SEDEEVA CIR N POINSETTA AVE CHENANGO AVE BERTLAND WAY SEDEEVA CIR SSHORE DR PINECREST WAY 197112781291124512571261130112651952 132512432024 1950128019491276128319541252 1329127812711942128712321273 1969 2021 1952 2025 132712901276126013101256126719471245 1295196312641234124612371235 19581249 1940 2022 19621231 12791287126712611274125612652020 123012662028 127412441275127012511960 12961260125312441288128412361938 12391240 1258127712711241127312871964 126819431233½12291998 12721992 129412901286128212741235131712351247 1941 1974 12262028 1946 1994 12851251 1249 20141300 12812020 12551937 2017 1245 1995 12951996128620301232 1940 19371234 1978 1969 1987 1283126612621997 2027 12371940 1979 2021 12772025 2026 2010 1273123312952022 2031 1961 1999 2026 12261261 12911944 1981 12332031 1257 2015 2024 12891244½-Not to Scale--Not a Survey-Rev. 6/9/2021 Ordinance No. 9565-22 ORDINANCE NO. 9565-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF SEDEEVA CIRCLE N APPROXIMATELY 220 FEET WEST OF N BETTY LANE, WHOSE POST OFFICE ADDRESS IS 1272 SEDEEVA CIRCLE N, CLEARWATER, FLORIDA 33755, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category The West 10 feet of Lot 4 and all of Lot 5, Floradel Sub-Division, according to the map or plat thereof, as recorded in Plat Book 15, Page(s) 7, of the Public Records of Pinellas County, Florida; Residential Urban (RU) (ANX2021-06011) 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. 9564-22. Ordinance No. 9565-22 PASSED ON FIRST READING (AS ORDINANCE NO. 9485-21) PASSED ON SECOND READING PASSED ON THIRD 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" PROPOSED FUTURE LAND USE MAP Owner(s): Paramount Court LLC Case: ANX2021-06011 Site: 1272 Sedeeva Circle N. Property Size(Acres): ROW (Acres): 0.186 Land Use Zoning PIN:03-29-15-28098-000-0050 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) LAKE 28098 80388 K L M O O G B C E 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 12345678910111213 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38394041424344 45 46 47 48 49 50 51 9 18 9 10 11 12 13 14 15 16 17 18 1920 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 151617181920 2122 26 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 2627 2829 4445 4647 55 56 7 8 8 22 U.S.A.VET.ADM. VAC 1 1 1 1 1 1 RU RU RU RU RU R/OS RU RM RU RU RU RMRU RU R/OS RM RURU RU N BETTY LN STATE ST WOODLAWN TER SEDEEVA CIR N POINSETTA AVE CHENANGO AVE BERTLAND WAY SEDEEVA CIR SPINECREST WAY 197112781291124512571261130112651952 13251243195012801949127612831954125212781271 1942128712321273 1969 2021 1952 12901276126013101256126712451295196312641234124612371235 19581249 1940 2022 19621231 1279126712611274125612652020 123012662028 127412441275127012511960 1296126012531244128812841236193812401258 127712711241127312871964 12681233½12291998 12721992 129412901286128212741235131712351247 2024 1941 1974 12262028 1946 1994 132912851251 1249 20141300 2025 132712812020 12551937 2017 1947 1245 1995 12951996128620301232 1940 19371234 1978 1969 1987 1283126612621997 12872027 12371940 1979 2021 12772025 2026 2010 1273123312952022 2031 1961 1999 2026 1239 12261261 12911944 1981 12332031 1257 2015 2024 1943 12891244½-Not to Scale--Not a Survey-Rev. 6/9/2021 Ordinance No. 9566-22 ORDINANCE NO. 9566-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF SEDEEVA CIRCLE N APPROXIMATELY 220 FEET WEST OF N BETTY LANE, WHOSE POST OFFICE ADDRESS IS 1272 SEDEEVA CIRCLE N, CLEARWATER, FLORIDA 33755, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: Property Zoning District The West 10 feet of Lot 4 and all of Lot 5, Floradel Sub-Division, according to the map or plat thereof, as recorded in Plat Book 15, Page(s) 7, of the Public Records of Pinellas County, Florida; Low Medium Density Residential (LMDR) (ANX2021-06011) 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. 9564-22. Ordinance No. 9566-22 PASSED ON FIRST READING (AS ORDINANCE NO. 9486-21) PASSED ON SECOND READING PASSED ON THIRD 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" PROPOSED ZONING MAP Owner(s): Paramount Court LLC Case: ANX2021-06011 Site: 1272 Sedeeva Circle N. Property Size(Acres): ROW (Acres): 0.186 Land Use Zoning PIN:03-29-15-28098-000-0050 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) LAKE 28098 80388 K L M O O G B C E 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 12345678910111213 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38394041424344 45 46 47 48 49 50 51 9 18 9 10 11 12 13 14 15 16 17 18 1920 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 151617181920 2122 26 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 2627 2829 4445 4647 55 56 7 8 8 22 U.S.A.VET.ADM. VAC 1 1 1 1 1 1 LMDR MDR OS/R MDRLMDR LMDR LMDR N BETTY LN STATE ST WOODLAWN TER SEDEEVA CIR N POINSETTA AVE CHENANGO AVE BERTLAND WAY SEDEEVA CIR SSHORE DR PINECREST WAY 197112781291124512571261130112651952 132512432024 195012801949127612831954125212781271128712321273 1969 2021 1952 2025 132712901276126013101256126719471245 1295196312641234124612371235 19581249 1940 2022 19621231 1279127412562020 123012662028 127412441275127012511960 12961260125312441288128412361938 12391240 1258127712711241127312871964 126819431233½12291998 12721992 129412901286128212741235131712351247 1941 1974 12262028 1946 1994 132912851251 1249 1942 20141300 12812020 12551937 2017 1245 1995 12951996128620301232 1940 19371234 1978 1969 1987 1283126612621997 1287126712612027 123712651940 1979 2021 12772025 2026 2010 1273123312952022 2031 1961 1999 2026 12261261 12911944 1981 12332031 1257 2015 2024 12891244½-Not to Scale--Not a Survey-Rev. 6/9/2021 LOCATION MAP Owner(s): Paramount Court LLC Case: ANX2021-06011 Site: 1272 Sedeeva Circle N. Property Size(Acres): ROW (Acres): 0.186 Land Use Zoning PIN: 03-29-15-28098-000-0050 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) UNION ST KINGS HWY N BETTY LN DOUGLAS AVE IDLEWILD DR SUNSET POINT RD WOODLAWN TER PALM ST STATE ST BERMUDA ST POINSETTA AVE SEDEEVA CIR N ARBELIA ST THE MALL CHENANGO AVE ALOHA LN COLES RD N EVERGREEN AVE SEDEEVA CIR S MACOMBER AVE SHERIDAN RD OAKDALE WAY PINECREST WAY PROJECT SITE -Not to Scale--Not a Survey-Rev. 6/9/2021 AERIAL PHOTOGRAPH Owner(s): Paramount Court LLC Case: ANX2021-06011 Site: 1272 Sedeeva Circle N. Property Size(Acres): ROW (Acres): 0.186 Land Use Zoning PIN: 03-29-15-28098-000-0050 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) N BETTY LN N BETTY LN IDLEWILD DR IDLEWILD DR STATE ST STATE ST WOODLAWN TER WOODLAWN TER SEDEEVA CIR NSEDEEVA CIR N POINSETTA AVE POINSETTA AVE CHENANGO AVE CHENANGO AVE BERTLAND WAY BERTLAND WAY SEDEEVA CIR SSEDEEVA CIR SSHORE DR SHORE DR PINECREST WAY PINECREST WAY -Not to Scale--Not a Survey-Rev. 6/9/2021 EXISTING SURROUNDING USES MAP Owner(s): Paramount Court LLC Case: ANX2021-06011 Site: 1272 Sedeeva Circle N. Property Size(Acres): ROW (Acres): 0.186 Land Use Zoning PIN: 03-29-15-28098-000-0050 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) LAKE 28098 80388 K L M O O G B C E 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 12345678910111213 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38394041424344 45 46 47 48 49 50 51 9 18 9 10 11 12 13 14 15 16 17 18 1920 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 151617181920 2122 26 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 2627 2829 4445 4647 55 56 7 8 8 22 U.S.A.VET.ADM. VAC 1 1 1 1 1 1 N BETTY LN STATE ST WOODLAWN TER SEDEEVA CIR N POINSETTA AVE CHENANGO AVE BERTLAND WAY SEDEEVA CIR SSHORE DR PINECREST WAY 197112781291124512571261130112651952 132512432024 1950128019491276128319541252 1329127812711942128712321273 1969 2021 1952 2025 132712901276126013101256126719471245 1295196312641234124612371235 19581249 1940 2022 19621231 12791287126712611274125612652020 123012662028 127412441275127012511960 12961260125312441288128412361938 12391240 1258127712711241127312871964 126819431233½12291998 12721992 129412901286128212741235131712351247 1941 1974 12262028 1946 1994 12851251 1249 20141300 12812020 12551937 2017 1245 1995 12951996128620301232 1940 19371234 1978 1969 1987 1283126612621997 2027 12371940 1979 2021 12772025 2026 2010 1273123312952022 2031 1961 1999 2026 12261261 12911944 1981 12332031 1257 2015 2024 12891244½-Not to Scale--Not a Survey-Rev. 6/9/2021Single Family Residential Single Family Residential Single Family Residential Single Family Residential Park Single Family Residential ANX2021-06011 Paramount Court, LLC 1272 Sedeeva Circle N View looking north at subject property 1272 Sedeeva Circle N West of the subject property East of the subject property Across the street, to the south of the subject property View looking easterly along Sedeeva Circle N View looking westerly along Sedeeva Circle N Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0431 Agenda Date: 5/16/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Marine & Aviation Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Accept Florida Department of Transportation (FDOT) Grant Agreement Amendment (No. 438512-1-94-01) in the amount of $65,000 for the Clearwater Airpark Security System Upgrade Project and authorize the appropriate officials to execute same. (consent) SUMMARY: Council accepted FDOT Joint Participation Grant Agreement No. 438512-1-94-01 in the amount of $75,000 on November 19, 2020 for the Clearwater Airpark Security System Upgrade Project. This amendment will provide opportunity to run new fiber cable from the Terminal building to the hangars for the new security cameras. This amendment will increase the 80/20 Joint Participation agreement by $65,000 for a new total of $140,000 and the city’s matching funds will increase by $13,000 for a new total city match of $28,000. APPROPRIATION CODE AND AMOUNT: A mid-year budget amendment will increase project 302-G2108 - Security System Upgrade by $65,000 in grant revenues from FDOT; and transfer $13,000 of administrative services revenues from project 355-94729 - City-wide Connectivity Infrastructure to project 302-G2108 - Security System Upgrade to provide funding needed for this agreement. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 5/13/2022 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION AMENDMENT TO THE PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-03 STRATEGIC DEVELOPMENT OGC 11/19 THIS AMENDMENT TO THE PUBLIC TRANSPORTATION GRANT AGREEMENT (“Amendment”) is made and entered into on , by and between the State of Florida, Department of Transportation (“Department”), and City of Clearwater, (“Agency”),collectively referred to as the “Parties.” RECITALS WHEREAS, the Department and the Agency on 12/28/2020 (date original Agreement entered) entered into a Public Transportation Grant Agreement (“Agreement”). WHEREAS, the Parties have agreed to modify the Agreement on the terms and conditions set forth herein. NOW THEREFORE, in consideration of the mutual covenants in this Amendment, the Agreement is amended as follows: 1. Amendment Description. The project is amended Add Additional Funds 2. Program Area. For identification purposes only, this Agreement is implemented as part of the Department program area selected below (select all programs that apply): X Aviation Seaports Transit Intermodal Rail Crossing Closure Match to Direct Federal Funding (Aviation or Transit) (Note: Section 15 and Exhibit G do not apply to federally matched funding) Other 3. Exhibits. The following Exhibits are updated, attached, and incorporated into this Agreement: X Exhibit A: Project Description and Responsibilities X Exhibit B: Schedule of Financial Assistance *Exhibit B1: Deferred Reimbursement Financial Provisions *Exhibit B2: Advance Payment Financial Provisions *Exhibit C: Terms and Conditions of Construction X Exhibit D: Agency Resolution Exhibit E: Program Specific Terms and Conditions Exhibit F: Contract Payment Requirements X *Exhibit G: Financial Assistance (Single Audit Act) *Exhibit H: Audit Requirements for Awards of Federal Financial Assistance *Additional Exhibit(s): Financial Project Number(s): (item-segment-phase-sequence) Fund(s): DPTO FLAIR Category: 088719 438512-1-94-01 Work Activity Code/Function: 215 Object Code: 751000 Federal Number/Federal Award Identification Number (FAIN) – Transit only: Org. Code: 55072020728 Vendor Number: VF596000800011 Contract Number: G1O93 Federal Award Date: Amendment No.: 1 CFDA Number: N/A SAM/UEI Number: CFDA Title: N/A CSFA Number: 55.004 CSFA Title: Aviation Grant Program Page 1 of 7 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION AMENDMENT TO THE PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-03 STRATEGIC DEVELOPMENT OGC 11/19 4. Project Cost. The estimated total cost of the Project is X increased/ decreased by $65,000 bringing the revised total cost of the project to $140,000. The Department’s participation is X increased/ decreased by $52,000. The Department agrees to participate in the Project cost up to the maximum amount of $112,000, and, additionally the Department’s participation in the Project shall not exceed 80.00% of the total eligible cost of the Project. Except as modified, amended, or changed by this Amendment, all of the terms and conditions of the Agreement and any amendments thereto shall remain in full force and effect. IN WITNESS WHEREOF, the Parties have executed this Amendment on the day and year written above. AGENCY City of Clearwater STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION By: By: Name: Name: Richard Moss, P.E. Title: Title: Director of Transportation Development STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION Legal Review: Page 2 of 7 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 03/22 EXHIBIT A Project Description and Responsibilities A. Project Description (description of Agency’s project to provide context, description of project components funded via this Agreement (if not the entire project)): Security System Upgrade - Replace security system for monitoring entire airport. Updating security with new technology consisting of video monitoring equipment in various locations. This provides security for hangars as well as perimeter and entrances to air side and land side areas. This equipment will consist of cameras, monitoring equipment, cable, junction boxes, and the like. Repair and replace perimeter fencing as needed. Replace chain link fencing with chain link or similar fencing. B. Project Location (limits, city, county, map): Clearwater Air Park/Clearwater, FL/Pinellas C. Project Scope (allowable costs: describe project components, improvement type/service type, approximate timeline, project schedule, project size): As required by 215.971, F.S., this scope of work includes but is not limited to consultant and design fees, permitting, construction inspection costs, mobilization and demobilization, maintenance of traffic, demolition, installation of access control equipment, supporting wiring, and dedicated primary and back-up power supplies, including all materials, equipment, labor, and incidentals required to complete the project. The Sponsor will comply with Aviation Program Assurances. D. Deliverable(s): Upgraded Security System The project scope identifies the ultimate project deliverables. Deliverables for requisition, payment and invoice purposes will be the incremental progress made toward completion of project scope elements. Supporting documentation will be quantifiable, measurable, and verifiable, to allow for a determination of the amount of incremental progress that has been made, and provide evidence that the payment requested is commensurate with the accomplished incremental progress and costs incurred by the Agency. E. Unallowable Costs (including but not limited to): F. Transit Operating Grant Requirements (Transit Only): Transit Operating Grants billed as an operational subsidy will require an expenditure detail report from the Agency that matches the invoice period. The expenditure detail, along with the progress report, will be the required deliverables for Transit Operating Grants. Operating grants may be issued for a term not to exceed three years from execution. The original grant agreement will include funding for year one. Funding for years two and three will be added by amendment as long as the grantee has submitted all invoices on schedule and the project deliverables for the year have been met. Page 3 of 7 Page 4 of 7 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 03/22 EXHIBIT B Schedule of Financial Assistance FUNDS AWARDED TO THE AGENCY AND REQUIRED MATCHING FUNDS PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: A. Fund Type and Fiscal Year: Financial Management Number Fund Type FLAIR Category State Fiscal Year Object Code CSFA/ CFDA Number CSFA/CFDA Title or Funding Source Description Funding Amount 438512-1-94-01 438512-1-94-01 438512-1-94-01 438512-1-94-01 DPTO DPTO LF LF 088719 088719 088719 088719 2021 2022 2022 2021 751000 751000 751000 751000 55.004 55.004 55.004 55.004 Aviation Grant Program Aviation Grant Program Aviation Grant Program Aviation Grant Program $60,000.00 $52,000.00 $13,000.00 $15,000.00 Total Financial Assistance $140,000.00 B. Estimate of Project Costs by Grant Phase: Phases* State Local Federal Totals State % Local % Federal % Land Acquisition $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00 Planning $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00 Environmental/Design/Construction $112,000.00 $28,000.00 $0.00 $140,000.00 80.00 20.00 0.00 Capital Equipment/ Preventative Maintenance $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00 Match to Direct Federal Funding $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00 Mobility Management (Transit Only) $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00 Totals $112,000.00 $28,000.00 $0.00 $140,000.00 *Shifting items between these grant phases requires execution of an Amendment to the Public Transportation Grant Agreement. BUDGET/COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES: I certify that the cost for each line item budget category (grant phase) has been evaluated and determined to be allowable, reasonable, and necessary as required by Section 216.3475, Florida Statutes. Documentation is on file evidencing the methodology used and the conclusions reached. Raymond Clark Department Grant Manager Name Signature Date Page 5 of 7 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 03/22 EXHIBIT D AGENCY RESOLUTION PLEASE SEE ATTACHED Page 6 of 7 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 03/22 EXHIBIT G AUDIT REQUIREMENTS FOR AWARDS OF STATE FINANCIAL ASSISTANCE THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97, FLORIDA STATUTES:~ Awarding Agency: Florida Department of Transportation State Project Title: Aviation Grant Program CSFA Number: 55.004 *Award Amount: $112,000 *The award amount may change with amendments Specific project information for CSFA Number 55.004 is provided at: https://apps.fldfs.com/fsaa/searchCatalog.aspx COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT: State Project Compliance Requirements for CSFA Number 55.004 are provided at: https://apps.fldfs.com/fsaa/searchCompliance.aspx The State Projects Compliance Supplement is provided at: https://apps.fldfs.com/fsaa/compliance.aspx Page 7 of 7 FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL G1O93 4/25/2022 CONTRACT INFORMATION FUNDS APPROVAL INFORMATION FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER ON 4/25/2022 Action:Supplemental Reviewed or Approved:APPROVED Organization Code:55072020728 Expansion Option:A6 Object Code:751000 Amount:$52,000.00 Financial Project:43851219401 Work Activity (FCT):215 CFDA: Fiscal Year:2022 Budget Entity:55100100 Category/Category Year:088719/22 Amendment ID:S001 Sequence:00 User Assigned ID:01 Enc Line (6s)/Status:0002/04 Total Amount:$52,000.00 Contract:G1O93 Contract Type:GD - GRANT DISBURSEMENT (GRANT) Vendor Name:CITY OF CLEARWATER Vendor ID:F596000289005 Beginning Date of This Agreement:12/28/2020 Ending Date of This Agreement:06/30/2024 Contract Total/Budgetary Ceiling:ct = $112,000.00 Method of Procurement:G - GOVERMENTAL AGENCY (287.057,F.S.) Description:CLEARWATER AIRPARK - SECURITY SYSTEM UPGRADE Page1 of 1 To: Michael.Brown@dot.state.fl.us Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0451 Agenda Date: 5/16/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Marine & Aviation Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Approve a proposal from J. Kokolakis Contracting, Inc. of Tarpon Springs, FL for construction of Clearwater Harbor Marina Wave Attenuator (22-0008-MA), at the Guaranteed Maximum Price (GMP) of $2,289,695.00 pursuant to RFQ 40-20, CMAR Continuing Contracts; approve Supplemental Work Order 2 to Erickson Consulting Engineers, Inc. of Sarasota, FL for Construction Engineering and Inspection Services (CEI) in an amount of $39,270.00 for a new total of $254,870.00 pursuant to RFQ 26-19, EOR Continuing Contracts, and authorize the appropriate officials to execute same. (consent) SUMMARY: On July 29, 2020, city management approved a city project (20-0032-EN) for Engineer of Record (EOR) Erickson Consulting Engineers to develop a master plan for the maintenance and repair schedule of the Harbor Marina’s major components in the amount of $93,500.00. On June 3, 2021, Erickson Consulting Engineers released an assessment survey of the wave attenuators and piling guides indicating that three wave attenuators on the South Basin were failing. On October 17, 2021, Erickson Consulting Engineers prepared a failure assessment report on the wave attenuators and recommendations which included the immediate replacement of the three failed wave attenuators on the South Basin, citing the potential for significant loss in the event of a complete failure. On November 18, 2021, City Council approved Erickson Consulting Engineers Supplemental Work Order 1 in the amount of $122,100.00 for the Engineering Design (100%), Permitting and other Engineer of Record Services for an updated work order total of $215,600.00. The proposed design addresses the identified failures using the most recent wind and wave data and modernized wave attenuator design standards. Scope includes removal of three dock sections, associated piles and old attenuators and construction of seven 30-inch piles, three new wave attenuators and docks. Construction Manager at Risk (CMAR), J. Kokolakis Contracting was selected to coordinate with Erickson Consulting Engineers and the Marine & Aviation Department as the most efficient mechanism to have this wave attenuator system designed, fabricated, and installed as quickly as possible, understanding the potential risks associated with a failure. Fabrication will take approximately 4.5 months and construction just under three months with expected completion in mid-December. APPROPRIATION CODE AND AMOUNT: Funds of $39,270.00 are available in capital improvement project C1906, Clearwater Harbor Marina Replacement & Upgrade, to fund the supplemental work order from Erickson Consulting Engineers for Engineering Consulting and Inspection Services (CEI). A mid-year budget amendment will provide a transfer of $2,289,695 from General Fund Page 1 City of Clearwater Printed on 5/13/2022 File Number: ID#22-0451 Reserves transferred to capital improvement project C1906, Clearwater Harbor Marina Replacement & Upgrade, to fund the purchase order from J. Kokolakis Contracting. USE OF RESERVE FUNDS: Funding for this contract will be provided by a mid-year budget amendment allocating General Fund reserves in the amount of $2,289,695 to capital improvement project C1906, Clearwater Harbor Marina Replacement & Upgrade. Inclusive of this item if approved, a net total of $15,956,675 of General Fund reserves has been appropriated by Council to fund expenditures in fiscal year 2021/22. The remaining balance in General Fund reserves after the required minimum 8.5% reserve is approximately $37.8 million, or 22.9% of the current General Fund operating budget. Page 2 City of Clearwater Printed on 5/13/2022 Clearwater Harbor Marina Wave Attenuators Page 1 Emergency Assessment & Recommendations CLEARWATER HARBOR MARINA WAVE ATTENUATORS FAILURE ASSESSMENT & RECOMMENDATIONS Prepared by Erickson Consulting Engineers October 2021 1 ASSESSMENT OF EXISTING CONDITIONS Throughout the marina, there are signs of wear and tear including cracked concrete and rusting bolts attaching pile guides and at finger dock connections. The chipped concrete occurs both above and below the waterline, and there is significant biofouling along all infrastructure below the waterline obscuring the conditions of the concrete attenuators. Attachment B provides the photos of damage. During routine cleaning in March 2021, two pile guides were identified as failing at the south end of Dock A, South Basin, A-WA-2. The external pile guides on attenuators have been replaced several times since the installation of the marina system indicating a weak point in the previous design. The failure of the pile guides and damage to the base of the attenuators requires emergency replacement of (at minimum) A-WA-1, A-WA-2, and A- WA-3. By April 2021, this pile guide had failed completely, been removed, and was replaced with a chain connecting the attenuator to the pile. This places the attenuator in an extremely vulnerable position if a storm occurs. The southernmost wave attenuators (A-WA-1 to A-WA-3) are in a state of progressive failure. Dock A-WA-1 is listing indicating that its buoyancy is compromised, and the pile guides at A-WA-2 show evidence of failure. If a large wave event occurs, the attenuator would likely become un-moored and damage assets and infrastructure within the marina. From an underwater inspection of A-WA-1 to A-AWA-14 and E-WA-1 to E-WA-16, spawling was found along the bottom indicating minor damage to the attenuators. While not at risk of immediate failure, these attenuators will require replacement within the next 2-5 years. 2 Summary of Damage and Emergency Actions Wave attenuator A-WA-1 is presently failing in two modes: the pile guide which has failed where the attenuator is now attached with a chain to a pile; and the attenuator’s Clearwater Harbor Marina Wave Attenuators Page 2 Emergency Assessment & Recommendations buoyancy has been compromised by water intake resulting in a significant list. As a result, the buoyancy and pile connections have been compromised, and thus the attenuator cannot be salvaged. Attenuators A-WA-2 and A-WA-3 have severely damaged pile guides and spawling. These two attenuators do not appear to have compromised buoyancy. Replacement of pile guides and addition of piles has been assessed as an option. Experts do not recommend retrofitting old systems with new pile guides because, while it may provide a short term solution, the additional bolts and the drilling into the attenuator to allow for additional piles compromises the buoyancy of the attenuator. Further, additional bolts or replacement pile guides have not been shown to provide an efficient solution for refurbishment or rehabilitation of a marina, additional piles to secure the dock system are not viable solutions for the short or mid/interim term. Additional piles and replacement pile guides are expensive and would be a short term “sacrificial” solution to buy time and are not a permanent solution. We recommend that the process to replace attenuators A-WA-1 to A-WA-3 be initiated immediately. Further, the fastening at A-WA-14 should be repaired as soon as possible to prevent additional failures and monitored daily. The pile guide at A-WA-1 should be replaced as soon as possible to prevent additional failures and damage should it break loose from the remaining pile supports. The replacement of A-WA-12 to A-AWA-14 and E-WA-1 to E-WA-3 is to be evaluated in parallel to the replacement of A-WA-1 to A-WA-4 to evaluate potential cost savings for a single construction event. Replacement of A-WA-1 to A-WA-3 is may be completed without removing the adjacent attenuator as only one connection to the existing system (at A-WA-4) is required. If other attenuators, including those with finger piers attached, require immediate replacement, the fastenings between the two systems become more complex. ECE is completing the marina reconnaissance, document and measure all damage above the waterline. Underwater inspections of A-WA-5 to A-WA-11 and A-WA-15 as well as E- WA-4-15 are identified as necessary to assess potential defects so that the outer attenuators may be assessed in full. Evaluation of risks and remediation options to finger pier connections will be further evaluated, the need for detailed inspections of the connection between the piers and the attenuators will be assessed and as appropriate will be recommended. Clearwater Harbor Marina Wave Attenuators Page 3 Emergency Assessment & Recommendations 2.1.1 Storm Induced Failure An assessment of the probable mode(s) of failure of the north dock-wave attenuator system was conducted following damage during Hurricane Irma to recommend changes and improvements to the dock-wave attenuator and the pile design, orientation and overall configuration of the key structural elements of the system. The horizontal drag force due to waves hitting the sides of the wave attenuator and the vertical lift force due to the waves lifting the wave attenuator are the two major forces that the anchor pile(s) system needs to withstand to stabilize and moor the wave attenuator. In all design conditions, the piles and attenuator structures are customarily designed to withstand significantly higher wave conditions, with the knowledge that the stronger and longer period waves will transport energy through the attenuator system breaking over the attenuator before entering the basin. The operating “design” wave conditions given by the manufacturer customarily present full wave attenuation to 0.5 ft or less for the type “beam” seas that the Marina’s slips are exposed, therefore, waves with higher energy that exceed the basis of design, will penetrate the basin’s attenuator and enter as an attenuated wave within the basin. More specifically, above the established significant wave height, waves overtop the breakwater/attenuator and there is a loss of performance (i.e. attenuation). Wave periods exceeding the established wave periods will allow significant wave energy to pass underneath the attenuator, reducing its effectiveness. It is our professional opinion that the primary factors that led to the failure of the mooring system was the pile design collar locations outside mounting and location (on the single side for attenuators versus for finger docks within a protected area) and persistent high- frequency south to southwest wind generated waves. Design documents and the design basis by WES and TTI state that a minimum embedment depth of approximately 30 ft is required. The embedment depths for the 4 piles carrying the vertical and horizontal loads from the attenuators were significantly reduced in the construction phase of the Project in 2008. Based on these logs, there was less than 12 to 15 ft embedment based on the pile driving log records, which may also prove to be a factor at this site. It is recommended that the design basis for the replacement project assume a minimum scour depth of 3 ft in the design development of the anchor piles. The recommended wave attenuator “basis of design” is based on the need for the attenuators to withstand and perform during high frequency storms impacting this site, and also the potential of a moderate hurricane of CAT 1-2 affecting this site, an event of increasing likelihood. The criteria recommended are as follows: Clearwater Harbor Marina Wave Attenuators Page 4 Emergency Assessment & Recommendations 1. Damage is minimal as a result of a CAT 1 to 2 Hurricane Storm (5.5+ ft significant wave heights and 4.7+ seconds wave periods) and a maximum sustained wind duration of 12-18 hours; 2. Design Wave Attenuation to 0.5 ft within the interior basin from impacts of a 4.2 ft significant wave heights and 4 second wave periods and 3. Piles reaching sufficient embedment in the bay bottom to stabilize the attenuators during periods of high wave loads, constructed of 24 inch round steel anchor piles, and require internal pile placement jackets. Above the design wave conditions described above, where wave heights exceed 4.2 ft, wave overtopping will occur with a loss of performance in wave attenuation within the basin and wave periods exceeding 4 seconds which will allow significant wave energy to pass underneath the attenuator, reducing its effectiveness. However, the wave attenuating system must be designed to survive intact during wave heights of 5 ft and characterized by 4 second periods. The anchor piles will be the weak-point and therefore, must be designed for extreme loads resulting from these conditions. Table 3-1 provides wave attenuation levels based on significant wave height(s) for one of the available systems. 3 Evaluation of Marina Attenuator Suppliers Three (3) wave attenuator systems were reviewed to identify potential replacement systems for Clearwater Harbor Marina’s wave attenuators and docks. In reviewing the current systems available, similar marinas with high wind wave exposure and tested attenuator systems with documented high wave and storm exposure were assessed with systems by SF Marine, MarineTek and Marina Technologies. Compared to the existing marina infrastructure, significant improvements to the design of these types of floating dock systems has been made in recent years, increasing their resiliency to episodic seasonal storms and reducing annual maintenance/operations (utility upgrades, piles, etc). Costs of future maintenance and storm related damage from similar low to moderate frequency (15 to 30 Yr return period) storms would be reduced with improved design/material changes to the existing floating wave attenuator/dock system. Design considerations will include not only survivability during a 50yr event but also durability and performance during more frequent wave events (e.g. weekly, annual and 10yr) per American Society of Civil Engineer guidelines. Key points of failure of the existing marina system including piles, pile connections, fenders and connections Clearwater Harbor Marina Wave Attenuators Page 5 Emergency Assessment & Recommendations between attenuators and docks will be considered during the evaluation of replacement components. Because the Marina upgrade will be phased, the proposed system must have means to connect to the existing system. Alternative 1 – MarineTek The general specifications and design features of this attenuator are given in Figure 3-1 and Figure 3-2. MarineTek attenuators were used in the post-Irma replacements in the north portion of the marina. While the system is proven, MarineTek has filed for bankruptcy and is not recommended given their solvency. Figure 3-1. MarineTek Type 4300BRK Floating Breakwater Isometric View Figure 3-2. MarineTek Floating Breakwater (Clearwater Harbor Marina, Clearwater FL) Clearwater Harbor Marina Wave Attenuators Page 6 Emergency Assessment & Recommendations Alternative 2 – Marina Technologies The general specifications and design are shown and listed in Figure 3-4 and Figure 3-5 below and include: Concrete floating breakwaters (13 ft wide, 6’1.5” ft deep) Four (4) 24” to 28” steel anchor piles Design life of 30+ years Maintenance requirements depend on connector selection – cable connectors need more maintenance if moored with chain or seaflex anchors. Pile guides or cable anchors require less maintenance. Concrete structure can be coated with a penetrating sealer every few years to reduce biofouling. Typically uses composite rub rail rather than fender systems. Lead Time: 3-5 months Advantages: (1) One-piece design incorporates deck, dock structure, floatation, and keels (breakwater series) which simplifies this system, eliminates sub-system hardware, and provides continuous floatation for maximum buoyancy and stability (2) Keel design of floating breakwater provides superior wave attenuating performance and low center of gravity. (3) Semi-Flexible rubber-bolt dock connection allows dock system to move as required in heavy wave conditions and provides a simple, strong and low- maintenance connection (4) Connection system will not cause structural failure of the float module when over- stressed. The connecting bolt is designed as the “weak-link” (5) Top-access utility channels allow complete access to utilities, simplifying installation and maintenance (6) No walers and thru-rods with nuts and washers - improves system strength and eliminates system maintenance. (7) Marina Technologies is headquartered and manufactures its systems in the Tampa area thus contributing to the local economy and being readily available for maintenance and monitoring. Table 3-1: Incoming vs Attenuated Wave with Marina Technologies Systems MODEL 12' WIDE ATTENUATOR 13' WIDE BREAKWATER 16' WIDE BREAKWATER Incoming Wave ATTEN % RESULTANT WAVE HT ATTEN % RESULTANT WAVE HT ATTEN % RESULTANT WAVE HT 2 FT WAVE 78% 0.4' 88% 0.2' 89% 0.2' 3 FT WAVE 71% 0.9' 82% 0.5' 87% 0.4' 4 FT WAVE 67% 1.3' 77% 0.9' 84% 0.6' 5 FT WAVE 60% 2.0' 70% 1.5' 81% 1.0' 6 FT WAVE 50% 3.0' 65% 2.1' 75% 1.5' Clearwater Harbor Marina Wave Attenuators Page 7 Emergency Assessment & Recommendations Figure 3-3. Marina Technologies Breakwater (Harborage Marina, St. Petersburg FL) Figure 3-4. Marina Technologies Breakwater Isometric View Alternative 3 – SF Marina The general specifications and design are shown and listed in Figure 3-4 and Figure 3-5 below and include: SF Type 400-15m floating breakwaters (13.12 ft wide, 6 ft deep) Four (4) 24” to 28” steel anchor piles Clearwater Harbor Marina Wave Attenuators Page 8 Emergency Assessment & Recommendations Can anchor with chain and bottom anchors, helical anchors with elastic rode mooring systems or piles with internal pile guides with HD energy absorbing cushion blocks (assumes 24” steel pile) Design life of 30+ years Maintenance requirements depend on connector selection – cable connectors need more maintenance if moored with chain or seaflex anchors. Pile guides or cable anchors require less maintenance. Pile guides have wear / cushion blocks, and in the past 14 years, only one pile guide on the SF Marina systems in the US has been replaced. Concrete structure can be coated with a penetrating sealer every few years to reduce biofouling. Typically uses a timber or composite rub rail rather than fender systems. Flexible rubber ‘D-fenders’ are recommended in some high energy environments, and some include composite fenders with HDPE plastic fender covers. 3 ton aluminum cleats Lead Time: 5-7 months (early to mid-2022) Advantages: (1) Proven attenuator system for high wave conditions. (2) One-piece design incorporates deck, dock structure, floatation, and keels (breakwater series) which simplifies this system, eliminates sub-system hardware, and provides continuous floatation for maximum buoyancy and stability. (3) Semi-Flexible dock connection allows dock system to move as required in heavy wave conditions and provides a simple, strong and low- maintenance connection. (4) Top-access utility channels allow complete access to utilities, simplifying installation and maintenance. (5) No walers and thru-rods with nuts and washers - improves system strength and eliminates system maintenance. Disadvantages: (1) As of the issuance of this report, the fabrication lead time for the SF system extends into 2022. (2) While there are SF Marina systems in Florida, they are based in Norfolk, Virginia with their headquarters in Europe. Clearwater Harbor Marina Wave Attenuators Page 9 Emergency Assessment & Recommendations Figure 3-4. SF Floating Breakwater Isometric View Figure 3-5. SF Type 400 Floating Breakwater Brewer Marina, Plymouth, MA, 2013 Clearwater Harbor Marina Wave Attenuators Page 10 Emergency Assessment & Recommendations 3.1 Recommendations and Opinion of Probable Construction Costs It is our opinion that the selected wave attenuator system be designed to function during a continuous storm conditions over a duration of a minimum of 12-24 hours for the design conditions established. The wave attenuating system must be designed to survive wave heights of 5-6 ft and characterized by long periods (5-6 seconds). The anchor piles are the potential weak point in the design of these attenuator systems, accordingly the final pile sizing, embedment depths and construction methods for placement will be developed and confirmed during final design in consultation with the structural engineers and geotechnical engineers. Large diameter (24 inch or similar) circular steel piles are optimal for the bay bottom soil and rock conditions that were documented in the geotechnical engineering investigations conducted by WES (2006). As the SF Marine system has a significantly longer lead time (9-12 months compared to 3 months), the engineers estimate of probable construction cost and schedule was based upon the Marina Technologies system which is manufactured locally in St Petersburg. An estimate of the probable construction cost for the Marina Technologies wave attenuator system based on the recommendations described above in Section 4 of this report, are given in Table 5 below. Attenuator prices are based upon June 2021 numbers. Prices of materials have increased between 5-10%. As discussed in greater detail, their wave attenuator system is designed to meet the recommended performance and operational design requirements and the costs given below are based on a recent similar Project contracted in the greater Clearwater-Tampa Bay area. This system can be installed as early as first quarter of 2022 as discussed in the next section. Table 3-2: Engineer’s Opinion of Probable Costs Item No. Description of Item Unit Est. Unit Cost Est. Quan. Estimate 1 General Requirements 1.1 Supervision, management, pre- construction, mobilization, meetings, insurance LS $150,000 1 $ 150,000 2 Demolition and disposal off site of three attenuators and six piles LS $ 86,500 1 $ 86,500 Clearwater Harbor Marina Wave Attenuators Page 11 Emergency Assessment & Recommendations Table 3-3: Engineer’s Opinion of Probable Costs (ctd.) Item No. Description of Item Unit Est. Unit Cost Est. Quan. Estimate 3 Replacement Attenuators 3.1 Supply and Delivery of Attenuators to Boat Ramp Ea $162,500 3 $ 487,500 3.2 Transfer Attenuators and Tow to Site LS $ 53,000 1 $ 53,000 3.2 Supply and Delivery of Piles Ea $ 23,100 6 $ 138,600 3.3 Installation of Piles and Attenuators LS $191,000 1 $ 191,000 3.4 Gangway Supply, Delivery and Installation LS $ 22,500 1 $ 22,500 3.5 Supply, delivery and install of Cleats Ea $ 520 12 $ 6,240 3.6 Supply, delivery and install of Pile Caps Ea $ 510 6 $ 3,060 3.7 Supply, delivery and install of Fender Pile Ea $ 5,600 1 $ 5,600 4 Utilities Allowance 4.1 Plumbing - Water Supply LS $ 7,500 1 $ 7,500 4.2 Fire Suppression LS $ 15,500 1 $ 15,500 4.3 Electrical LS $ 18,750 1 $ 18,750 4.4 Pedestals Ea $ 4,000 2 $ 8,000 Bid-Option 5 Supply, delivery and install of HDPE Sleeves Ea $ 12,537 6 $ 75,222 SUB-TOTAL $ 1,193,750 10% Contingency $ 119,375 TOTAL $ 1,313,125 NOTES: (1) Attenuator (Item 3.1) prices are based upon June 2021 price estimate from Marina Technologies. Prices are fluctuating due to supply chain impacts. (2) All permits will be acquired by Engineer. (3) Owner / Engineer will provide survey lay out and as-builts to meet survey requirements and related work. (4) Cleats and other items to be mechanically pre-set to be fastened to attenuator by manufacturer. No drilling into the attenuators shall occur on site. Clearwater Harbor Marina Wave Attenuators Page 12 Emergency Assessment & Recommendations 4 CONSTRUCTION AND CONTRACTING RECOMMENDATIONS There are three primary types of Project Delivery Methods for heavy marine construction works: Design-Bid-Build (DBB), Design-Build (DB) and Construction Manager at Risk (CM @ Risk). The appropriateness of a project delivery method depends upon a number of factors including the nature of the project, availability of resources, costs and schedule on a case-by-case basis with the ultimate goals of achieving the highest quality project for the lowest cost and within the shortest duration. For each project there is a balancing of these goals. The City will decide and weigh these factors, as a result of budgetary and time constraints and the design/performance requirements for the delivered Project, and as a result may be willing to wait a longer period of time to achieve that budget or as in the case of the failed wave attenuator, the City may decide that the risks and dis-benefits outweigh the potential benefit of waiting to achieve a lower project cost. Balancing these factors, and the City will determine the best project delivery method. Specific to the Clearwater Harbor Marina Wave Attenuator Replacement Project, the project delivery goals are identified as: 1. Shortest schedule consistent with quality and performance requirements. 2. Lowest cost consistent with 1 above. 3. Retain Owner control over design decisions. 4. Retain Owner control over the construction quality. 5. Limit the risk of change orders for additional costs. 6. Promotes innovation and value engineering. 7. Limit potential conflicts of interest. 8. Limit the number of contractual entities/points of responsibility. The project schedule for the three project delivery types are estimated in Table 4-1. When assessed against the primary goal to achieve the shortest schedule consistent with quality and performance requirements; the impracticality of bidding through the traditional procurement process in consideration of time constraints and cost is evident. As such, alternatives which require bidding are eliminated as they will not allow the project to be completed this year. With the direct source alternatives, the CM at Risk method is projected to allow completion of the work approximately 90 days sooner than the design- bid alternative due to the final design and basis of design commencing and in progress simultaneously with contracting. Clearwater Harbor Marina Wave Attenuators Page 13 Emergency Assessment & Recommendations Importantly, the COVID-19 Pandemic has resulted in global supply chain delays and fluctuations in pricing of materials. Two key components of the system – steel reinforcing for the attenuator construction and steel piles – are subject to delays of up to 3-5 months and should be ordered in advance. In a CM at Risk delivery method, the appointed contractor would place a purchase order immediately for the required materials to begin the procurement process. The Engineering team can work with the contractor proactively to identify potential changes to materials (e.g. pile diameter and thickness) that would meet the design requirements but may be more readily available due to production runs at manufacturing plants. HDPE is also difficult to obtain and subject to high markups at the moment so pile sleeves should be ordered in advance. Table 4-1. Anticipated Project Schedules for Various Project Delivery Methods Project Delivery Method Final Engineering (30+ Days) Contracting (Variable) Material Lead Times1 (3 Months) Installation (1 Month) Design-Bid-Build Oct-Nov 2021 Nov-21 to Jan-22 March-June 22 July-Aug 2022 CM @ Risk2 Oct-Nov 2021 Oct-Nov 2021 Jan-Mar 2022 Jan-Mar 2022 1. Based on Marina Technologies Product produced in St Petersburg. 2. Project is contracted by direct source to a qualified firm. A direct source CM at Risk contract is recommended to most expediently replace the failed north attenuator this year to effectively achieve the project goals in the shortest duration without sacrificing quality and performance requirements. In direct sourcing a CM at Risk contract, a key factor in project success is contractor qualification and selection. The following qualifications were developed for the CM at Risk firm. 1. Local (within 60-90 miles of Clearwater) 2. Prior experience with Floating Breakwater Installations 3. Satisfactory performance on a minimum of five (5) similar projects with at least two (2) of those projects having been completed in the last two (2) years. 4. At least one similar project having a total construction value exceeding $5.0M 5. Commitment to start installation as soon as materials are available and complete within 60 days. WORK ORDER INITIATION FORM 1 of 8 Revised: 4/27/2022 Erickson Consulting Engineers, Inc. WORK ORDER INITIATION FORM Supplemental Worker Order 2 Date: April 27, 2022 Consultant Project Number: 20-381 City Project Number: 20-0032-EN City Plan Set Number: 2020022 1. PROJECT TITLE: Clearwater Harbor Final Engineering, Permitting and Engineer of Record Services 2. SCOPE OF SERVICES: The scope of services presented below modifies Task 9 and its associated sub-tasks previously presented in the Supplemental Work Order 1 dated 10/13/21. The revised scope clarifies assumptions and deliverables for each task as well as differences in Engineer of Record responsibilities (Task 9 below) and site representation (Task 10). A comparison of the 10/13/2022 Supplemental Work Order and the enclosed Increase to Supplemental Work Order is presented on page 8. The change in cost is to provide for additional expertise and oversight given the change in scope from the original proposal in October 2021, namely the additional complexities due to the need to remove piles to below the mudline, drive piles in close proximity to existing piles, and to re-tension the existing system. The duration of construction on site has increased from 4 weeks on site to 6-8 weeks which is reflected in the costs presented. The budget includes two weeks of accommodation in Clearwater near the Marina for an ECE site representative during the intensive construction period as well as mileage reimbursement for trips to site for the remainder of the construction. Please see below for task descriptions. Task 9: Engineer of Record Services in the Construction Phase The Engineer of Record (EOR) is the design engineering professional who is a licensed professional engineer that is duly authorized to sign and seal the Project’s construction drawings, technical specifications and pay certificates. This line item is associated with general Engineer of Record services (including travel time and mileage expenses) to supplement the specific tasks below. Both coastal and structural engineers of record are required for this project. This line item has been reduced by $7,700 from the 10/13/21 scope to shift budget into Task 10 for Site Representative Services. WORK ORDER INITIATION FORM 2 of 8 Revised: 4/27/2022 Task 9A: Review Pre-Construction Submittals and Drawings ECE shall provide review and approval of shop drawings and Construction Contract’s required Contractor submittals. The Plans described below are updated periodically during the execution of the Work. ECE will review, comment and approve/reject all shop drawings and ensure the required noticing is completed during the construction phase including submittals required under the Contract Documents. These documents include (but are not limited to): • Notice to Mariners • Contractor Work Plan • Hurricane and Severe Storm Plan • Oil Spill Contingency Plan • Dive Plan. The scope herein provides for initial review/comments and one follow‐up review for each of the documents listed above. Additional reviews for deficiencies by the Contractor are considered additional services. We recommend the Owner-Contractor Agreement consider this potential and include the risk in the price assigned as liquidated damages. This line item has been increased by $800 from the 10/13/21 scope to accommodate additional complexities to the work plan review. Task 9B: Respond to Contractor Questions and RFIs The Engineer of Record (ECE) is responsible for understanding all aspects of the Contract requirements and will be requested to provide interpretations of the contract documents including the technical and general requirements and approving any changes to the Work Plan during the execution of the work. In addition, the Engineer must assess construction deviations and provide allowances to ensure the quality of the Project and design intent is met and that the work is in compliance with the permits. The Engineer is required to issue an “Engineers Directive” in response to contractor requests for information and/or in response to a regulatory agency action. This line item has not been increased from the 10/13/21 scope. Task 9C: Contractor/City Change Orders & Time Extensions Various change orders could result varying from no fault time extensions due to weather delays, City directed changes due to encountered site conditions, Contractor requested change orders due to an inability to construct within the specified tolerances, or impacts from an unexpected buried obstruction and so forth. The Engineer will be responsible for analyzing, processing and approving (or rejecting) change order requests (cost and schedule impacts) from the Contractor. WORK ORDER INITIATION FORM 3 of 8 Revised: 4/27/2022 Owner directed changes, and time extensions due to weather delays, and their associated cost and schedule impacts will also be assessed by the Engineer. ECE will be responsible for preparing the change order document for signature by the Contractor and the Engineer in accordance with the City – Contractor Agreement. This line item has been increased by $1,200 from the 10/13/21 scope to allow for increased complexity and the anticipated change order for provision of utilities installation. Task 9D: Observe / Approve Critical Work Components Construction observations will be provided by the Project Engineer periodically during construction, estimated at ten days of inspections to observe critical elements. These ten days (est. 4hrs including travel time and on site with additional time for reporting and documentation) are to observe pile removal (2 days), attenuator removal and re-tensioning (3 days), delivery and installation of attenuators (3 days), delivery and installation of piles (2 days). This line item has been increased by $2,100 from the 10/13/21 scope to allow for increased number of site visits to include attenuator tensioning and pile removal. Task 9E: Progress Meetings with the City’s Site Representative and Contractor (6) It is customary to conduct weekly project meetings during project construction to avoid conflicts and claims and to expedite agency required permit changes and modifications, etc. The CM at Risk is expected to coordinate and lead these progress meetings with the Contractor and Owner during construction. It is assumed that these meetings will be conducted weekly over the construction period in addition to the project completion meetings. Detailed meeting minutes and graphics detailing work completion, progress and acceptance surveys, construction timeline updates, etc. will be prepared by the CM at Risk and reviewed by ECE prior to circulation to the project participants. These meetings will be attended by both the ECE Site Representative and ECE’s licensed professional coastal engineers as well as the Contractor and City Representative(s). Six meetings are anticipated. This line item has not been increased from the 10/13/21 scope. Task 9F: Conduct Substantial Completion Inspection & Generate Punchlist(s) Following notification by the construction contractor that construction activities are complete and all payment sections have been approved, ECE will conduct a completion inspection and will generate a Punchlist of items to be completed by the Contractor prior to final completion. This list will be furnished to the Owner and Contractor to ensure control of final clean up. In addition, the as‐built surveys for the project will be reviewed in detail for completeness, accuracy and conformance with the contract documents and permits. The surveys will be reviewed for the achievement of construction tolerances. This line item has not been increased from the 10/13/21 scope. WORK ORDER INITIATION FORM 4 of 8 Revised: 4/27/2022 Task 9G: Structural Inspections during Construction Construction observations will be provided by the Structural Engineer periodically during construction, estimated at nine days of inspections to observe critical elements. These inspections are to observe pile removal (2 days), attenuator re-tensioning (5 days), delivery and installation of piles (2 days). The tensioning will require an expert structural engineer on site full time. This line item has been increased by $10,000 from the 10/13/21 scope to allow for increased site visits for attenuator tensioning and pile removal. Task 10: Site Representative Services in the Construction Phase Services to be provided by the ECE Site Representative include, but are not limited to, site observations and inspection of the construction plant, documentation of construction progress (production, equipment working, weather, etc.), collection of site photographs, review of daily contractor reports, prepare daily observation reports to protect in the event of a claim and document conditions to the permitting agencies, track contractor delays, and participate in progress meetings with Owner, Contractor and government. The purpose of these observations and documentation are to ensure that construction is in compliance with construction plans, contract documents, and permit authorizations granted for the work. For the purposes of this proposal, it is assumed that the City will require approximately 3-4 hours per day, five days per week on average for these services for the 6 to 8-week construction duration. This line item includes two weeks of hotel and per diem for the site representative and mileage expenses for the additional 4 to 6 weeks. This line item includes $7,700 previously included in Task 10 and an additional $21,600 to allow for increased construction duration (from 4 weeks to 6-8 weeks) and complexity. Further details for each task are presented in the original project work order dated 7/29/2020 and the supplemental work order dated 10/13/21. 3. PROJECT GOALS: Deliverables will include: • Electronic (PDF) copies of all submittals via email. 4. BUDGET: This price includes all labor and expenses anticipated to be incurred by Erickson Consulting Engineers, Inc. for the completion of these tasks in accordance with Professional Services Method “B” – Lump Sum – Percentage of Completion by Task for an amended fee not to exceed two hundred and fifty-four thousand, eight hundred and seventy dollars ($254,870). This is an increase of $39,270 from Supplemental Work Order 1. WORK ORDER INITIATION FORM 5 of 8 Revised: 4/27/2022 As the regulatory approvals are expected to qualify for an exemption, the scope does not include the remittance of any permit fees by the consultant. If permit application fees are required they may be paid by the consultant using the contingency allowance. 5. SCHEDULE: The project is to be completed within 245 days from issuance of notice-to-proceed. 6. STAFF ASSIGNMENT (Consultant): Karyn Erickson, MS, PE, DCE – Principal Engineer / Engineer-of-Record Laura Robichaux, PhD –Senior Project Manager Leaf Erickson, PhD, EI – Senior Engineer 7. CORRESPONDENCE/REPORTING PROCEDURES: ENGINEER’s project correspondence shall be directed to: Laura Robichaux, Senior Project Manager All City project correspondence shall be directed to: Eric Gandy, Marine and Aviation Director, with copies to others as may be appropriate. 8. INVOICING/FUNDING PROCEDURES: For work performed, invoices shall be submitted monthly to the: City of Clearwater, Marine & Aviation Department Attn. Aaron Braley, Senior Accountant 25 Causeway Blvd. Clearwater, Florida 33767 Contingency services will be billed as incurred only after written authorization provided by the City to proceed with those services. City Invoicing Code 3337333-530100-C1906 9. INVOICING PROCEEDURES At a minimum, in addition to the invoice amount(s) the following information shall be provided on all invoices submitted on the Work Order: A. Purchase Order Number and Contract Amount. B. The time period (begin and end date) covered by the invoice. C. A narrative summary of activities completed in the time period D. Contract billing method is Lump Sum (All Tasks except Task 6) and Cost Times Multiplier (Task 6) E. If Lump Sum, the percent completion, amount due, previous amount earned and total earned to date for all tasks (direct costs, if any, shall be included in lump sum amount). F. If Cost Times Multiplier, hours, hourly rates, names of individuals being billed, amount due, previous amount earned, total earned to date for each task and other direct costs (receipts will be required for any single item with a cost of $50 or greater or cumulative monthly expenses greater than $100). WORK ORDER INITIATION FORM 6 of 8 Revised: 4/27/2022 G. If the Work Order is funded by multiple funding codes, an itemization of tasks and invoice amounts by funding code. 10. SPECIAL CONSIDERATIONS: The consultant named above is required to comply with Section 119.0701, Florida Statutes (2013) where applicable. PREPARED BY: APPROVED BY: ________________________ ________________________ Karyn M. Erickson, PE, DCE Eric Gandy President Marine & Aviation Director Erickson Consulting Engineers, Inc. City of Clearwater ___________________ ___________________ Date Date Attachment C WORK ORDER INITIATION FORM 7 of 8 Revised: 4/27/2022 CLEARWATER HARBOR MARINA Erickson Consulting Engineers, Inc. SUPPLEMENTAL WORK ORDER INITIATION FORM PROJECT BUDGET Task Description Subconsultant Labor & ODCs Total Services 1-8 Previously approved Tasks 1-8 $155,700 10% Contingency (from Tasks 6-8 from Supplemental WO #1) $6,220 Total Previously Approved for Tasks 1-8 $161,920 Construction 9 Engineer of Record Services in the Construction Phase $3,300 $8,300 $11,600 9A Review Pre-Construction Submittals and Drawings $800 $5,800 $6,600 9B Respond to Contractor Questions & Requests for Information (RFIs) $6,000 $6,000 9C Contractor/City Change Orders & Time Extensions $3,300 $3,300 9D Observe/Approve Critical Work Components $8,100 $8,100 9E Progress Meetings with the City’s Site Representative and Contractor (6) $3,600 $3,600 9F Conduct Substantial Completion Inspection & Generate Punchlist(s) $3,000 $3,000 9G Structural Inspections during Construction $13,000 $0 $13,000 10 Site Representative Services in the Construction Phase $29,300 $29,300 Subtotal, Labor and Subcontractors for Tasks 9 & 10 $84,500 Contingency 10% (Task 9 & 10) $8,450 Grand Total (Tasks 1-10 + Contingency) $254,870 Increased cost from Supplemental Work Order #1 $39,270 Attachment C WORK ORDER INITIATION FORM 8 of 8 Revised: 4/27/2022 Tasks Supplemental Work Order 1 (10/13/21) Supplemental Work Order 2 (4/27/2022) Change in Total Assumptions Sub- Consultant Services ECE Labor & ODCs Total Sub- Consultant Services ECE Labor & ODCs Total 9 Engineer of Record Services in the Construction Phase $3,300 $16,000 $19,300 $3,300 $8,300 $11,600 -$7,700 Shifted to Task 10 9A Review Pre-Construction Submittals and Drawings $800 $5,000 $5,800 $800 $5,800 $6,600 +$800 Additional Complexity 9B Respond to Contractor Questions & Requests for Information (RFIs) $6,000 $6,000 $6,000 $6,000 $0 9C Contractor/City Change Orders & Time Extensions $2,100 $2,100 $3,300 $3,300 +$1,200 Additional anticipated change order 9D Observe/Approve Critical Work Components $6,000 $6,000 $8,100 $8,100 +$2,100 Additional critical work components 9E Progress Meetings with the City’s Site Representative and Contractor (6) $3,600 $3,600 $3,600 $3,600 $0 9F Conduct Substantial Completion Inspection & Generate Punchlist(s) $3,000 $3,000 $3,000 $3,000 $0 9G Structural Inspections during Construction $3,000 $3,000 $13,000 $0 $13,000 +$10,000 Additional critical work components 10 Site Representative Services in the Construction Phase $29,300 $29,300 $29,300 Additional Complexity; longer duration Subtotal, Labor and Subcontractors for Tasks 9 & 10 – $48,800 $84,500 +$35,700 Contingency 10% (Task 9 & 10) $4,880 $8,450 +$3,570 Clearwater Harbor Marina Wave Attenuators Page 1 Condition Assessment & Recommendations CLEARWATER HARBOR MARINA PILES, DOCKS AND ATTENUATORS ASSESSMENT RE: Attenuators requiring emergency repair, surveyed in February, April and May 2021 PREPARED FOR: City of Clearwater Erickson Consulting Engineers and Dive Tech International conducted an underwater inspection on 2/8/21, 4/20/21 and 4/21/21 to assess the condition of and identify defects in the current system of attenuators and docks. 1 Areas Surveyed The south side of the marina is exposed to frequent wave chop conditions (typically 1ft waves) which have led to fatigue and failure of the system; therefore, the north and south ends of the south wave attenuators were prioritized. Additionally, the north corner of the north attenuators was surveyed to proactively identify defects that could compromise the system in the short term. Attachment A contains two plan views – the first showing the naming convention of the wave attenuators and docks and the second showing the areas that have been surveyed and are proposed to be surveyed. The north (A-WA-14 to A-AW-12) and south (A-WA-1 to A-WA-4) attenuators in the south portion of the marina and the north (E-WA-1 to E-WA-3) attenuators in the north portion of the marina have been surveyed by an underwater inspection team. 2 Damage to Attenuators, Moorings, and Docks Throughout the marina, there are signs of wear and tear including cracked concrete and rusting bolts attaching pile guides and at finger dock connections. The chipped concrete occurs both above and below the waterline, and there is significant biofouling along all infrastructure below the waterline obscuring the conditions of the concrete attenuators. Attachment B provides the photos of damage. During routine cleaning in March 2021, two pile guides were identified as failing at the south end of Dock A, South Basin, A-WA-2. The pile guides have been replaced several Clearwater Harbor Marina Wave Attenuators Page 2 Condition Assessment & Recommendations times since the installation of the marina system indicating a weak point in the previous design. The failure of the pile guides and damage to the base of the attenuators requires emergency replacement of (at minimum) A-WA-1, A-WA-2, and A-WA-3. By April 2021, this pile guide had failed completely, been removed, and was replaced with a chain connecting the attenuator to the pile. This places the attenuator in an extremely vulnerable position if a storm occurs. The southernmost wave attenuators (A-WA-1 to A-WA-4) are in a state of progressive failure. Dock A-WA-1 is listing indicating that it’s buoyancy is compromised, and the pile guides at A-WA-2 show evidence of failure. If a large wave event occurs, the attenuator would likely become un-moored and damage assets and infrastructure within the marina. From an underwater inspection of A-WA-12 to A-AWA-14 and E-WA-1 to E-WA-3, spawling was found along the bottom indicating minor damage to the attenuators. While not at risk of immediate failure, these attenuators will require replacement within the next 2-5 years. It is likely that A-WA-4 to A-WA-12 and E-WA-4 to E-WA-16 will have similar spawling below the waterline. The utilities conduit running alongside A-WA-14 is failing and is detached from the munsen ring. If the conduit fails, significant disruption to services to the rest of the marina could occur. 3 Dock Numbering and Areas Surveyed To systematically assess the floating docks (FD) and wave attenuators (WA), ECE assigned numbers to each in accordance with the existing naming convention established by Clearwater Harbor Marina as shown in the tables below and the corresponding figure. Table 1: Naming of Wave Attenuators for Site Inspection DOCK Type No. NAME No. NAME No. NAME A (South) WA 1 A-WA-1 10 A-WA-10 18 A-WA-18 2 A-WA-2 11 A-WA-11 19 A-WA-19 3 A-WA-3 12 A-WA-12 20 A-WA-20 4 A-WA-4 13 A-WA-13 21 A-WA-21 5 A-WA-5 14 A-WA-14 22 A-WA-22 6 A-WA-6 15 A-WA-15 23 A-WA-23 7 A-WA-7 16 A-WA-16 24 A-WA-24 8 A-WA-8 17 A-WA-17 25 A-WA-25 9 A-WA-9 Clearwater Harbor Marina Wave Attenuators Page 3 Condition Assessment & Recommendations DOCK Type No. NAME No. NAME No. NAME E (North) WA 1 E-WA-1 7 E- WA -7 12 E- WA -12 2 E-WA-2 8 E- WA -8 13 E- WA -13 3 E- WA -3 9 E- WA -9 14 E- WA -14 4 E- WA -4 10 E- WA -10 15 E-WA -15 5 E- WA -5 11 E- WA -11 16 E- WA -16 6 E- WA -6 4 Summary of Damage and Emergency Actions We recommend that the process to replace attenuators A-WA-1 to A-WA-3 be initiated immediately. At minimum, the fastening at A-WA-14 should be repaired as soon as possible to prevent additional failures. The replacement of A-WA-12 to A-AWA-14 and E- WA-1 to E-WA-3 should be evaluated in parallel to the replacement of A-WA-1 to A-WA- 4 to evaluate potential cost savings for a single round of construction. Replacement of A-WA-1 to A-WA-3 is may be completed without removing the adjacent attenuator as only one connection to the existing system (at A-WA-4) is required. If other attenuators, particularly those with finger piers attached, require immediate replacement, there fastenings between the two systems become more complex. During the next site inspection, ECE will complete the marina walkthrough, document and measure all damage above the waterline. Underwater inspections of A-WA-5 to A-WA- 11 and A-WA-15 as well as E-WA-4-15 are identified as necessary to assess potential defects so that the outer attenuators may be assessed in full. Evaluation of risks to finger pier connections should be evaluated, and a targeted inspection of the connection between the piers and the attenuators may be recommended. 5 Next Steps and Action Items To advance the emergency replacement project, the following action items are required. 1. Discussion of existing conditions and additional surveys with City of Clearwater to initiate approval for emergency works. 2. Develop drawings for attenuator removal. 3. Develop drawings for attenuator replacement and connection into existing system. Clearwater Harbor Marina Wave Attenuators Page 7 Condition Assessment & Recommendations ATTACHMENT B: Photos of Damage to Attenuators Figure 1: Bio-fouling (indicative, throughout marina) Clearwater Harbor Marina Wave Attenuators Page 8 Condition Assessment & Recommendations Figure 3: Wave attenuator crack measurement of 4 inches (Feb 8, 2021) Figure 2: Wave attenuator spalling measurement of 4-5 inches (Feb 8, 2021) Clearwater Harbor Marina Wave Attenuators Page 9 Condition Assessment & Recommendations Figure 4: Progressive pile guide failure at south end of A-WA-2 (top photos from March 2021; pile guide removed and replaced with chain in April 2021 as shown in bottom photo) Clearwater Harbor Marina Wave Attenuators Page 10 Condition Assessment & Recommendations Figure 5: Damaged Floating dock 32” vessel impact (Feb 8, 2021) Figure 6: Crack in attenuator at A-WA-12 Clearwater Harbor Marina Wave Attenuators Page 11 Condition Assessment & Recommendations Figure 7: Failed fender and utilities conduit at A-WA-14 Clearwater Harbor Marina Wave Attenuators Page 12 Condition Assessment & Recommendations Figure 8: Spawl along bottom of front section of A-WA-14 approximately 1/3 of the length from the northwest corner Figure 9: Slip B20 vessel impacts (Feb 8, 2021) Clearwater Harbor Marina Wave Attenuators Page 13 Condition Assessment & Recommendations Figure 10: Damage to finger pier extending from E-WA-4 Clearwater Harbor Marina Wave Attenuators Page 14 Condition Assessment & Recommendations Figure 12: Spawl along E-WA-3 Figure 11: Spawling along E-WA-4 City of Clearwater Wave Attenuator Replacement Guaranteed Maximum Price April 21, 2022 Page 1 of 2 April 21, 2022 City of Clearwater Mr. Eric Gandy - Director Marine and Aviation 25 Causeway Blvd. Clearwater Florida, 33767 RE: Wave Attenuator Replacement #2 (South) GMP Dear Mr. Gandy, Thank you for the opportunity to provide Construction Management Services for the Wave Attenuator (150ft) replacement at Clearwater Marina. Due to the urgent nature of this project, all pricing is based on meetings with Erickson Consulting Engineers, City of Clearwater, Marina Technologies (wave attenuator fabricator), and Kelly Brothers (pile & dock installer). All clarifications, assumptions and pricing are attached. OVERVIEW The Clearwater Harbor Marina opened in 2010. Since then, the south facing attenuators have experienced continuous wear to the pile guides and walers that connect them. This damage has been caused by normal daily conditions and high frequency wind exposure as well as periodic storm events. Due to the failed conditions of the piles and wave attenuators, it is not feasible to repair or remediate the existing structural components, and therefore replacement is required. The replacement of the south attenuators will include removal of the three failed 50ft attenuators and three piles as shown in the design drawings. The three replacement attenuators with seven replacement piles require a slight shift to site the new piles a sufficient distance from the original piles so as not to weaken the rock-substrata and to provide better access for construction. PROJECT SUMMARY The following is a Summary of the Scope included in this Estimate. •Dispose of existing 150ft wave attenuators/dock. •Remove three (3) existing concrete piles. •Install new 30” steel piles (66ft) •Install new “Marina Technologies” wave attenuators/dock (150ft) If you have any question or require additional information, please do not hesitate to contact us. We appreciate the opportunity and look forward to a successful project. Sincerely, Roderick C. Voigt Executive Vice President Encl: Clarifications and Assumptions, GMP Division Summary, Marinetek Proposal, Speeler Proposal City of Clearwater Wave Attenuator Replacement Guaranteed Maximum Price April 21, 2022 Page 2 of 2 This proposal is submitted in conjunction with the existing Construction-Manager at Risk Services Continuing Contract entered into with the City of Clearwater on September 2, 2020 based on RFQ #40-20. For work performed, invoices shall be submitted to the City of Clearwater, Marine & Aviation Department, Attn: Eric Gandy, Director Marine and Aviation. 25 Causeway Blvd. Clearwater Florida, 33767. J. KOKOLAKIS CONTRACTING, INC DBA Kokolakis Contracting BY: ____________________________________ Roderick C. Voigt Executive VP 4/21/22 ___________________________________ Date CITY OF CLEARWATER, FLORIDA Approved as to form: Attest: _______________________________ By:_________________________________ David Margolis Rosmarie Call City Attorney City Clerk Countersigned: _________________________________ _____________________________________ Frank Hibbard Jon Jennings Mayor City Manager _________________________________ _____________________________________ Date Date City of Clearwater Wave Attenuator Replacement #2 Guaranteed Maximum Price 4/21/22 Clarifications and Assumptions Preface The proposal incorporates a number of assumptions regarding the project that further explains the scope, program, or quality of construction. The following are a summary of these assumptions. These assumptions and clarifications take precedence over all contract documents. General Clarifications This proposal is based on the Scope of services provided by Erickson Consulting Engineers, Inc. and complementary subcontractor pricing proposals. 1.The cost for Builder’s Risk Insurance and related deductibles for any and all perils, are not included in the contract price. Owner shall purchase and maintain the Builder’s Risk Insurance Policy including assuming responsibility for all deductibles throughout the life of the project and will comply with State Procurement Regulations for Owner Purchases. Kokolakis Contracting, Inc. shall be listed as an additional insured on the Builder’s Risk Policy and a copy of the policy will be made available on request. If Owner elects not to procure Builder’s Risk Insurance for the project, then the Owner will act as the insurer for the protection of both the Owner and Kokolakis Contracting, Inc. and its subcontractors and suppliers. 2.Due to the time sensitive nature of this project, this project will not be subject to the Sales Tax Savings Program. 3.All Permit and Impact Fee costs of any kind are not included as they are to be paid directly by Owner. 4.All warranties commence on the date of project substantial completion or beneficial use. 5.The costs contained within the Proposal, unless specifically noted otherwise, are based upon manufacturer’s standard listings of colors, finishes, features, etc. 6.The costs for temporary power and water use are not included as they will be furnished by the Owner free of charge to the contractor. 7.The costs for Asbestos Surveys, Hazardous Material Surveys or Lead Testing are not included. Lead testing and removal requirements are listed on http://www.epa.gov/lead/. 8.The demolition, abatement, removal or disposal of any contaminated, hazardous materials including but not limited to asbestos, lead, toxic saturated materials as well as any other unforeseen subsurface conditions such as sink holes, radon gas, unsuitable soils and abandoned utilities are not included. Hazardous materials surveys or engineering are excluded as well. 9.Payment and Performance Bonds are excluded. 10.Liquidated Damages are excluded. 11.Work hours in accordance with City of Clearwater ordinances and as negotiated with Owner. City of Clearwater Wave Attenuator Replacement #2 Guaranteed Maximum Price 4/21/22 12.Unit rates and percentages listed within the contract are agreed to as Lump Sums and are therefore not auditable. 13.Period of performance on site is approximately 45-60 days. 14.Total project duration from design to Substantial completion is approximately 332 days. 15.Kokolakis will not be required to carry Marine Insurance. This will be required by Kelly Bros. 16.There shall be no retainage held on material deposits. 17.There are no minority subcontracting requirements. 18.All warranties are through the vendors and the City shall work directly with the vendors for any warranty items. 19.In the event of a conflict, this proposal takes precedence over plans, specifications, and prime contract language. 20.Since installation subcontractor and wave attenuator supplier are sole-source, there will be no bidding requirements. 21.Pricing is based on drawings dated 3/7/22 other than drawing p12/13 that is dated 2/14/22. Scope Clarifications 1.Owner will directly handle all pre-construction surveys and as-built Surveys. 2.Owner shall be responsible for the Geo-technical borings and reports. 3.The noted 3 existing docks (50lf/ea) and associated piles shall be demolished and removed from site. 4.Piles shall be 30” diameter steel (7ea) with a production length of 66 feet per Drawing 12 of 13.. 5.Piles shall be epoxy coated without plastic sleeves. Sleeves are a bid option. 6.New Wave Attenuators shall be designed and fabricated in accordance with approved submittals by Engineer. 7.Excludes repair of existing concrete dock and any new rails on the existing dock. 8.Includes removal of one existing dock section that will require all new post-tension cables as the integrity of the existing cables are unknown 9.Excludes pile load testing and post-installation survey. City of Clearwater Wave Attenuator Replacement #2 Guaranteed Maximum Price 4/21/22 10.Excludes hazardous waste removal. 11.Includes pile and dock installation scope per attached Kelly Bros. Quote dated 3/25/22. 12.Includes wave attenuator scope per Marina Technologies pricing dated 4/20/22. 13.The City accepts all payment terms included in Marina Technologies proposal. Kokolakis is not responsible for any breach of contract by Marina Technologies, In. 14.Due to volatility in the market, subcontractor pricing is only good until May 19, 2022. 15.The City is responsible for all mechanical, electrical and fire protection work to include light bollards, power pedestals and mariner lights. Marina technologies will include raceway within the docks. End of Section Project: Location: Est. Date: Div. Division 1 Division 1 Division 2 Division 3 Division 4 Division 5 Division 6 Division 7 Division 8 Division 9Division 10 Division 11 Division 13 Division 15 Division 16 Clearwater Wave Attenuator Replacement #2 (South) ,. Clearwater Harbor Marina "Thursday, April 21, 2022 GMP Description KOKOLAKIS Total General Requfrements (Supervision, Management, Pre-Con) Pile Installer 188,997.00 General Requfrements (Supervision, Management, Pre-Con) CM $144,659.00 Existing Conditions -(Demo and Install Piles/Attenuators) Concrete Masonry Metals Wood, Plastics, and Composites Thermal and Moisture Pi-otection Openings Finishes Specialties Equipment Special Constmction (Wave Attenuator Material) Plumbing/Ffrepi-otection ( By Owner) Electrical (By Owner) Owner Contingency Builders Risk Insurance CM Fee Total Cost of Work $1,069,135.00 $0 $0 $0 $0 $0 $0 $0 $0 $0 $717,714.00 $0 $0 $1,931,508.00 $156,897.00 By Owner $25_,_187.00 $176,103.00 T O T A L $2,289,695.00 I April 20, 2022 – MARINA TECHNOLOGIES (MTI) CLEARWATER HARBOR MARINA – CLEARWATER, FL PROPOSAL FOR NEW CONCRETE FLOATING BREAKWATER DOCK REPLACEMENT Project No: MTI-0140 Revision 5 (Valid for 30 days or May 20, 2022) CONCRETE BREAKWATERS WITH KEELS (BREAKWATER SERIES) Structure : HDG Steel reinforced concrete pontoons – Structural Concrete : High Strength 5000 psi minimum compressive strength Freeboard : 24 inches Nominal (+/- 2”) Draft : 4 ft with keels (+/- 2”) Breakwater Width : 13 feet wide plus fenders Breakwater Length : 50 feet long per unit Fenders : Softwood fender 4’’ x 12’’ nominal on all sides Utilities : Embedded sleeves with pull boxes Cleats : Cast aluminum, 10-ton capacity (22” long) Anchoring : Internal heavy-duty pile guides with wear pads, HDG steel or optional stainless-steel pile guides Final design for 30” steel pipe piles + pile sleeves = 36” O.D. PRICE DESCRIPTION o Design and Supply of material. o Engineering Included (shop drawings, anchoring design, and installation manual). o Shipping by flat-bed trucks to project site in Clearwater, FL included. o Unloading, launching, piles, utilities and Installation are not included. o FL PE Stamp included o 2 years limited warranty o Produced in Florida o Sales taxes, if any, not included. BREAKWATER DOCKS – A-WA-1, A-WA-2 & A-WA-3 = $ 569,950.00 3-units - Concrete BREAKWATERS – 13’ x 50’ model with keels Stainless Steel Pile Guides (ADDER) = $ 9,800 each x 6 = $ 58,800.00 -For 36-inch pile guides Aluminum Transition Ramp = $ 14,900.00 1-unit - 10’ wide x 5’ long arched HDG Steel Corner Pile Guide – for 36-inch pile = $ 10,975.00 ============================= GRAND TOTAL = $ 654,625.00 Prices are valid for 30 days ONLY with signature received within the validity period and down payment received within the validity period. Second payment will also have to be paid within the schedule below to keep above numbers valid. MTI PROJECT SCHEDULE 4 weeks for Engineering and Submittals process. -the submittal process will start when down payment is received. 2 weeks after submittals are approved for final submittal package with FL PE stamp 16 weeks for Material procurement -the material procurement will start ONLY when 2nd payment is received. 2 weeks for mold preparation and production setup. 6 weeks for production of the 3 concrete breakwaters. 2 weeks Delivery only after final payment is received. PAYMENT TERMS We understand that the payment process will take some time to implement into the system, and that the City normally pays in a 30-day delay. To keep the project schedule, all payments will have to be executed as fast as possible. Please be aware that Marina Technologies will not start the project until the down payment is received and will not order material prior to receiving the 2nd payment. Those 2 payments will be the trigger for Engineering and Material procurement. It will directly affect the project schedule above. We request to be paid up to 95% of the total project value prior to delivery. A retainer of 5% will be kept for a period of 7 calendar days after docks are delivered. 5% retainer shall be paid following normal payment delays, but not more than 45 days after delivery. The warranty will start when all the docks are delivered but will only be active and in force when the project is fully paid including the 5% retainer and any change orders, if any. If project is not fully paid, the warranty will be void. 10% down payment at award – for design, engineering, and submittals. 50% when submittals are forwarded and approved – that will initiate material procurement. 20% prior to production starts. 15% prior delivery (3 trucks, so 5% of total value invoiced per shipment). 5% Retainer when all 3 concrete breakwaters are delivered to site. ACCEPTANCE PRINT NAME AND TITLE _____________________________________________________ DATE ____________________________ FED ID NO _____________________ SIGNATURE _________________________________________________________________ PROJECT MANAGER NAME __________________________________________________ PROJECT MANAGER MOBILE ________________________________________________ PROJECT MANAGER EMAIL __________________________________________________ MARINA TECHNOLOGIES CANADA INC 15775 Pine Ridge Road, Fort Myers, FL 33908 239.482.7300 office • 239.482.8014 fax • kellybros.net March 25, 2022 RESPONSE TO Request for Bid Clearwater Harbor Marina South Wave Attenuator Replacement Project CREATED FOR Kokolakis Contracting, Inc. 202 E. Center Street Tarpon Springs, FL 34689 SUBMITTED ON 1 Item No. Description of Item Unit Est. Unit Cost Est. Quantity Estimate 1 1.1 Supervision, management, pre-construction, mobilization, meetings, insurance LS 1 -$ 2 Demolition and disposal off site of three attenuators and four piles LS 1 -$ 2.1 Tension Cable for potential replacement through exisitng attenuators Ea 1 -$ 3 3.1 Supply and Delivery of Attenuators to Boat Ramp Ea 3 -$ 3.2 Transfer Attenuators and Tow to Site LS 1 -$ 3.2 Supply and Delivery of Piles Ea 7 -$ 3.3 Installation of Piles and Attenuators LS 1 -$ 3.4 Gangway Supply, Delivery and Installation LS 1 -$ 3.5 Supply, delivery and install of Pile Caps Ea 7 -$ 3.6 Supply, delivery and install of Fender Pile Ea 1 -$ 3.7 Supply, delivery and install of HDG Steel Corner Pile Guide Ea 1 -$ 4 Supply, delivery and install of HDPE Sleeves Ea 6 -$ 5 Stainless Steel Pile Guides Ea 6 -$ -$ -$ -$ Replacement Attenuators Bid-Option Clearwater Harbor Marina - Emergency Attenuator Replacement Bid Form General Requirements NOTES: (1) FDEP and County permits will be acquired by Engineer. (2)Utility connections and installation will be completed by the City. (3) Owner / Engineer will provide survey lay out and as-builts to meet survey requirements and related work. (4) Cleats and other items to be mechanically pre-set to be fastened to attenuator by manufacturer and are included in the attenuator price. No drilling into the attenuators shall occur on site. SUB-TOTAL 10% Contingency TOTAL P:\BIDS\2022 Bids\2022.03.25 Clearwater Harbor Marina South Wave Attenuators, Kokolakis\00 - KBI Submittal\Misc Docs\01 - Bid Form_2022.03.07 IMPORTANT: Please see Kelly Brothers' Quote Form following this page for details of our bid breakdown. Please see note below: Quote: Date: CUSTOMER Phone: Phone: Email:Email: ID Description Unit U/M $ Per Unit Total 1 1.1 1 LS 176,846.00$ 176,846.00$ 2 2.1 1 LS 115,256.00$ 115,256.00$ 2.1 1 LS 126,207.00$ 126,207.00$ 3 3.1 3 EA -$ -$ 3.2 1 LS 80,651.00$ 80,651.00$ 3.2 7 EA 26,133.00$ 182,931.00$ 3.4 1 LS 261,994.00$ 261,994.00$ 3.5 1 LS 6,952.00$ 6,952.00$ 3.6 7 EA 1,157.00$ 8,099.00$ 3.7 1 EA 2,699.00$ 2,699.00$ 3.8 1 EA 10,117.00$ 10,117.00$ 971,752.00$ 1.15% 11,175.15$ 11,175.15$ 982,927.15$ 10%98,292.72$ 98,292.72$ 1,081,219.87$ 4.1 7 EA 13,185.00$ 92,295.00$ 5.1 6 EA -$ -$ 1,064,047.00$ 1.15% 12,236.55$ 12,236.55$ 1,076,283.55$ 10% 107,628.36$ 107,628.36$ 1,183,911.91$ 1 2 3 Base Bid Subtotal + Bid Options (4.1 and 5.1) Subtotal: Payment and Performance Bond, Base Bid + Bid Options Base Bid + Bid Options Subtotal Including Payment & Performance Bond Cost: Base Bid Contingency Upland Site work Permits of any kind, including but limited to Environmental and Local Building Permits. Engineering and/or Design Clearwater Harbor Marina South Wave Attenuator Replacement Items Excluded or by Others (Continued on Pg. 2): Project Scope: Stainless Steel Pile Guides (Furnished by Others) 239-482-7300 danek@kellybros.net Supply and Delivery of Pipe Piles Installation of Piles and Attenuators Bid-Option Replace Attenuators Demolition Demolition and disposal offsite of three attenuators and four piles Base Bid Subtotal: Payment and Performance Bond, Base Bid Base Bid Contingency Base Bid Subtotal Including Payment & Performance Bond Cost: Supervision, management, pre-construction, mobilization, meetings, insurance Tension Cable for potential replacement through existing attenuators Install Aluminum Gangway (Furnished by Others) Per plans, specifications and as noted below. Base Bid + Bid Options, Payment & Performance Bond, & Contingency Bid Total: Base Bid Total: Furnish and Install Fender Pile Install of HDG Steel Corner Pile Guide (Furnished by Others) HDG hardware included Furnish and Install HDPE Sleeves March 24, 2022 Tarpon Springs, FL 34689 Kelly Brothers, Inc. (KBI) Dane Kelly, President 15775 Pine Ridge Road Fort Myers, FL 33908 Kokolakis Contracting, Inc. Clearwater Harbor Marina South Wave Attenuator Replacement Paulina Skladzien, Project Manager 202 E. Center Street Clearwater, FL 727-942-2211 pskladzien@jkokolakis.com Furnish and Install Pile Caps General Requirements Supply / Delivery of Attenuators to Boat Ramp (by Others) Transfer Attenuators and Tow to Site SERVICE PROVIDER Project Name:Project Location: Page 1 of 2 4 5 6 7 8 9 10 11 1 2 3 Wave attenuator availability has extremely long lead times due to COVID. Raw materials used to construct the floats are in high demand and thus there are major backorders. At this time, Marina Technologies is projecting their schedule will be as follows: •4 Weeks: Engineering and submittal process (timeline starts when down payment is received) • 2 Weeks: After submittals are approved for final submittal package with FL PE stamp • 12 Weeks: Material procurement (only after 2nd payment is received) • 2 Weeks: Mold preparation and production set up • 6 Weeks: Production of the three (3) concrete breakwaters • 2 Weeks: Delivery (only after final payment is received) If you have any questions, please contact us at 239-482-7300. Kelly Brothers, Inc. may withdraw this proposal if not accepted within thirty (30) days. Notes/Comments: Soil Boring / Geo Reports Handrail Toe Rail Survey, Layout and/or As-builts Liquidated Damages Utilities Repairs to existing floating dock other than necessary work to complete scope of work outlined in the above line items. Staging Yard and/or Staging Yard Fees (See Notes / Comments) Staging Yard, proposal includes utilizing same staging yard KBI used for the North Wave attenuator free of charge (Sand Key Park 1060 Gulf Blvd Clearwater FL 33767) Steel Pipe has extremely long lead times due to COVID and the war between Ukraine and Russia. At this time one mill is scheduled to roll this size of pipe in mid-April 2022. After this rolling, the mill requires 90% more tonnage over ours in an order schedule the next rolling period. All of this is of course pending availability of the coils themselves. Items Excluded or by Others (Continued) Page 2 of 2 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239) 482-7300 F: (239) 482-8014 www.kellybros.net Company Introduction Kelly Brothers (KBI) provides world-class marine construction services and offers decades of experience working in, on, under, over and around the waters of central and southwest Florida. KBI’s proven expertise has been acquired through the multitude of years and myriad of project successfully completed during our 42 years in business. We have experience in every facet of the marine construction industry and are experts in our field. The company is headquartered in Fort Myers, where we have been locally owned and operated by the Kelly family since the firm’s incorporation in 1980. Our 2nd location in Fort Myers Beach consists of both a material and equipment staging yard along with a full commercial barge landing. Our work ranges from marine demolition, to exclusive marinas and yacht clubs, to iconic landmarks such as the Naples Pier, Sanibel Causeway Bridge, and the Mallory Square Wharf. We do wave attenuators, aerial crossings, artificial reefs, boat ramps, dredging, barge and crane services, boardwalks, box culverts, bulkheads, commercial diving, derelict vessel removal, erosion control, fender systems, floating docks, jetties, groins, mooring piles, bridges, piers, pile jackets, riprap revetment, seawalls, sheet piling (concrete, steel, vinyl), cathodic protection, slope protection, subaqueous cable and/or pipe crossings, underwater construction, demolition, and inspections along with water control structures. KBI has invested in plant and equipment to further enhance our abilities to control cost and deliver a top-notch quality product while adhering to the schedule. Kelly Brothers has an extensive collection of equipment, tools, and expertise at our disposal and we ready to start work. Our company has the ability to successfully manage every aspect of your project from start to finish. Our material suppliers work closely with KBI to ensure competitive pricing, and the availability and delivery of necessary materials. Both vital in keeping your project within budget and on schedule. KBI has developed strong working relationships with skilled subcontractors, their expertise strengthens our team approach and supplements the years of experience Kelly Brothers will bring to your project. Kelly Brothers provides exceptional-quality commercial marine design, construction, and repair throughout Florida. Our work has taken us to every corner of the state. We successfully completed work on an industrial berthing facility in St. Marks, and have worked as far south as Mallory Square in Key West. KBI’s extensive portfolio contains over 1,200 multifaceted projects for private developers, engineering and consulting firms, federal, state, city, and county municipalities. We are able to draw from our vast history and experience to overcome any challenge presented with the complexity of marine construction. Where some companies see problems, at Kelly Brothers we see opportunities. We have been able to use these circumstances to broaden our experience base and gain indispensable wisdom. Our company and our people benefit when such an instance occurs; we take the opportunity to think outside the box and collaborate on creative solutions. We have learned to listen, ask questions, only then develop viable options for resolution shared using open and honest communication. With each instance we increase our knowledge, which in turns benefits our clients. There is no substitute for years of experience when dealing with the intricacies of marine construction. Our knowledge and expertise amassed over the years have proven to be invaluable in dealing with the varied and complex aspects of individual projects. 15775 Pine Ridge Road, Fort Myers, FL 33908 P: (239) 482-7300 F: (239) 482-8014 www.kellybros.net Kelly Brothers always views a project as an opportunity to share our expertise. We scrutinize each project, examining areas we feel there may be the potential for adding value. We collaborate with our clients to provide value engineering and implement cost saving measures. KBI is currently working on Collier County’s Chokoloskee Bridge Reconstruction project. As part of this project, Kelly Brothers crafted a cost savings initiative (CSI) in excess of one million dollars ($1,000,000). Kelly Brothers was also able to value engineer the Florida Department of Transportation (FDOT) Myakka Bridge project. KBI proposed a CSI, which consisted of the construction of a temporary bridge over the Myakka River to carry all mainline traffic during construction. The CSI also included design changes which reduced the total cost to the State of Florida by $128,000. This CSI was accepted by the FDOT, which when implemented resulted in a greatly reduced impact to the traveling public. This project finished under budget and was completed on schedule. These projects offer just glimpse of our abilities to seize opportunities for improvement and cost savings. Continuous improvement is a part of our company’s philosophy applied to both our internal processes and externally in the work we do for our clients. Leveraging four decades of experience, we offer the expertise you need to complete your project on time and within the agreed upon budget. Our business approach is simple; help our clients achieve their goals, for the best value, on-time, while delivering the highest quality craftsmanship. Kelly Brothers has the necessary facilities, ability, capacity, and financial resources to execute the work required for a successful completion of your project. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0471 Agenda Date: 5/16/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Approve purchase orders to Hydranautics of Oceanside, CA, and Toray Membrane USA, Inc, of Poway, CA for the supply of reverse osmosis membranes in the cumulative annual not-to-exceed amount of $300,000.00 for an initial period of one year, with the option for two, one-year renewal options, pursuant to Invitation to Bid (ITB) 14-22, and authorize the appropriate officials to execute same. (consent) SUMMARY: Reverse osmosis (RO) membranes are used at the City's two RO drinking water treatment plants in a purification process used to clean well water by removing common chemical contaminants. The existing membranes are five to eight years old and will be replaced in stages over the next three years to maintain water quality. Invitation to Bid # 14-22, Reverse Osmosis Membranes was released on March 14, 2022. The purpose of this bid was to procure replacement reverse osmosis membrane elements for the City’s two reverse osmosis drinking water treatment plants. Six submissions were received on April 13, 2022. Public Utilities has completed their evaluation and determined that Hydranautics and Toray Membrane USA, Inc. are the lowest, most responsible bidders that met the requirements of the bid specifications. Public Utilities estimates the first year’s annual expense of this contract at $300,000.00 and will ensure that all contract requirements are met. APPROPRIATION CODE AND AMOUNT: Funds are available in Capital Improvement Projects M1908 RO #1 R&R and M1909 RO #2 R&R, to fund the professional service agreement and work order. USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/13/2022 April 25, 2022 NOTICE OF INTENT TO AWARD The Public Utilities Department and the Procurement Division recommend award of ITB No.14-22, Reverse Osmosis Membranes, to Hydranautics of Oceanside, California, and Toray Membrane USA, Inc., of Poway, California, the lowest most responsible bidders, in accordance with the bid specifications, in the estimated amount of $300,000.00 annually, for a period of one (1) year, with two (2), one (1) year renewal options. This Award recommendation will be considered by the City Council at the May 19, 2022, Work Session (9:00 a.m.) and voted on at the May 19, 2022, Council Meeting (6:00 p.m.). These meetings are held at Clearwater Main Library, at 100 N. Osceola Ave., Clearwater, FL 33755. Inquiries regarding this Intent to Award can be directed to Scott Burrows, Procurement Analyst, at (727) 562-4634, or mailed to City of Clearwater, Attn: Procurement Division, PO Box 4748, Clearwater, FL 33758-4748. Posted on this date by: Scott Burrows Scott Burrows, MPA Procurement Analyst 1) Accurate Gas Control Systems, Inc.2) H2O Innovation USA, Inc. 375 Roberts Road, Suite D 8900 109th Ave. N., Suite 100 Oldsmar, FL 34677 Champlin, MN 55316 813-521-5872 310-283-7476 * Certified WMVB* 3) Harrington Industrial Plastics LLC 4) Hydranautics PO Box 676273 401 Jones Road Dallas, TX 75267-6273 Oceanside, CA 92058-1216 813-682-4565 760-901-2500 5) MPW Industrial Services Group, Inc.6) Toray Membrane USA, Inc. dba MPW Industrial Water Services, Inc.13435 Danielson Street 9711 Lancaster Road SE Poway, CA 92064 Hebron, OH 43025 941-243-1039 740-345-2431 x5905 ADVERTISED: TAMPA BAY TIMES 3/16/2022 POSTED:myclearwater.com 3/14/22 - 4/13/22 FOR THE CITY OF CLEARWATER Due/Opening: APRIL 13, 2022; 10:00 a.m. INVITATION TO BID No. 14-22 REVERSE OSMOSIS MEMBRANES Solicitation Response Listing v. 11.2018 Procurement Division 100 S Myrtle Ave 33756-5520 PO Box 4748 33758-4748 Clearwater FL 727-562-4633 INVITATION TO BID #14-22 Reverse Osmosis Membranes March 14, 2022 NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Clearwater (City) until 10:00 A.M., Local Time, April 13, 2022 to provide Reverse Osmosis Membranes. Brief Description: The City of Clearwater is seeking bids from qualified vendors to supply reverse osmosis membrane elements for use in the City’s drinking water treatment plants. These membrane elements will be purchased and installed by the Public Utilities Department on an as- needed basis. Bids must be in accordance with the provisions, specifications and instructions set forth herein and will be received by the Procurement Division until the above noted time, when they will be publicly acknowledged and accepted. Bid packets, any attachments and addenda are available for download at: https://www.myclearwater.com/business/rfp Please read the entire solicitation package and submit the bid in accordance with the instructions. This document (less this invitation and the instructions) and any required response documents, attachments, and submissions will constitute the bid. General, Process or Technical Questions concerning this solicitation should be directed, IN WRITING, to the following Sr. Procurement Analyst: Eryn Berg Sr. Procurement Analyst Eryn.Berg@myclearwater.com This Invitation to Bid is issued by: Lori Vogel, CPPB Procurement Manager lori.vogel@myclearwater.com INSTRUCTIONS Reverse Osmosis Membranes 2 ITB #14-22 i.1 VENDOR QUESTIONS: All questions regarding the contents of this solicitation, and solicitation process (including requests for ADA accommodations), shall be directed solely to the contact listed on page 1. Questions should be submitted in writing via letter, fax or email. Questions received less than ten (10) calendar days prior to the due date and time may be answered at the discretion of the City. i.2 ADDENDA/CLARIFICATIONS: Any changes to the specifications will be in the form of an addendum. Addenda are posted on the City website no less than seven (7) days prior to the Due Date. Vendors are cautioned to check the Purchasing Website for addenda and clarifications prior to submitting their bid. The City cannot be held responsible if a vendor fails to receive any addenda issued. The City shall not be responsible for any oral changes to these specifications made by any employees or officer of the City. Failure to acknowledge receipt of an addendum may result in disqualification of a bid. i.3 VENDOR CONFERENCE / SITE VISIT: Yes No Mandatory Attendance: Yes No Date and Time: n/a Location: n/a If so designated above, attendance is mandatory as a condition of submitting a bid. The conference/site visit provides interested parties an opportunity to discuss the City's needs, inspect the site and ask questions. During any site visit you must fully acquaint yourself with the conditions as they exist and the character of the operations to be conducted under the resulting contract. i.4 DUE DATE & TIME FOR SUBMISSION AND OPENING: Date: April 13, 2022 Time: 10:00 A.M. (Local Time) The City will open all bids properly and timely submitted and will record the names and other information specified by law and rule. All bids become the property of the City and will not be returned except in the case of a late submission. Respondent names, as read at the bid opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days from day of opening elapses, whichever occurs earlier, bids are available for inspection by contacting the Procurement Division. i.5 BID FIRM TIME: 90 days from Opening Bid shall remain firm and unaltered after opening for the number of days shown above. The City may accept the bid, subject to successful contract negotiations, at any time during this time. i.6 BID SECURITY: Yes No If so designated above, a bid security in the amount specified must be submitted with the bid. The security may be submitted in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, or cashier's check payable to the City of Clearwater (personal or company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. Such bid security shall be forfeited to the City of Clearwater should the bidder selected fail to execute a contract when requested. PERFORMANCE SECURITY: Yes No If required herein, the Contractor, simultaneously with the execution of the Contract, will be required to furnish a performance security. The security may be submitted in one-year increments and in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, cashier's check or money order payable to the City of Clearwater (personal and company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to INSTRUCTIONS Reverse Osmosis Membranes 3 ITB #14-22 the City. If the Contractor fails or refuses to fully comply with the terms and conditions of the contract, the City shall have the right to use all or such part of said security as may be necessary to reimburse the City for loss sustained by reason of such breach. The balance of said security, if any, will be returned to Contractor upon the expiration or termination of the contract. i.7 BID SUBMITTAL TO: It is recommended that bids be submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. Bidders may mail or hand-deliver bids to the address below. E-mail or fax submissions will not be accepted. Use label at the end of this solicitation package. City of Clearwater Attn: Procurement Division 100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520 or PO Box 4748, Clearwater FL 33758-4748 No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a bid that is not properly addressed and identified. i.8 LATE BIDS. The bidder assumes responsibility for having the bid delivered on time at the place specified. All bids received after the date and time specified shall not be considered and will be returned unopened to the bidder. The bidder assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery. You must allow adequate time to accommodate all registration and security screenings at the delivery site. A valid photo I.D. may be required. It shall not be sufficient to show that you mailed or commenced delivery before the due date and time. All times are Clearwater, Florida local times. The bidder agrees to accept the time stamp in the City Procurement Office as the official time. i.9 LOBBYING; LOBBYING NO-CONTACT PERIOD; QUESTIONS REGARDING SOLICITATION. From the time a competitive solicitation is posted until such time as the contract is awarded by the city or the solicitation is cancelled, all bidders, offerors, respondents, including their employees, representatives, and other individuals acting on their behalf, shall be prohibited from lobbying city officers, city employees, and evaluation committee members. Violation of this section may result in rejection/disqualification from award of the contract arising out of the competitive solicitation. All questions regarding the competitive solicitation must be directed to the procurement manager or designee, who will respond in writing and post such response to ensure that all respondents receive the same information during the No-Contact Period. The penalty for violating the No-Contact Period may include suspension or debarment. i.10 COMMENCEMENT OF WORK. If bidder begins any billable work prior to the City’s final approval and execution of the contract, bidder does so at its own risk. i.11 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the solicitation will not excuse any failure to comply with the requirements of the solicitation or any resulting contract, nor shall such failure be a basis for claiming additional compensation. If a vendor suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in any case not later than seven (7) business days in advance of the due date notify the contact on page one (1). The City is not responsible for and will not pay any costs associated with the preparation and submission of the bid. Bidders are cautioned to verify their bids before submission, INSTRUCTIONS Reverse Osmosis Membranes 4 ITB #14-22 as amendments to or withdrawal of bids submitted after time specified for opening of bids may not be considered. The City will not be responsible for any bidder errors or omissions. i.12 FORM AND CONTENT OF BIDS. Unless otherwise instructed or allowed, bids shall be submitted on the forms provided. An original and the designated number of copies of each bid are required. Bids, including modifications, must be submitted in ink, typed, or printed form and signed by an authorized representative. Please line through and initial rather than erase changes. If the bid is not properly signed or if any changes are not initialed, it may be considered non-responsive. In the event of a disparity between the unit price and the extended price, the unit price shall prevail unless obviously in error, as determined by the City. The City may require that an electronic copy of the bid be submitted. The bid must provide all information requested and must address all points. The City does not encourage exceptions. The City is not required to grant exceptions and depending on the exception, the City may reject the bid. i.13 SPECIFICATIONS. Technical specifications define the minimum acceptable standard. When the specification calls for “Brand Name or Equal,” the brand name product is acceptable. Alternates will be considered upon demonstrating the other product meets stated specifications and is equivalent to the brand product in terms of quality, performance and desired characteristics. Minor differences that do not affect the suitability of the supply or service for the City’s needs may be accepted. Burden of proof that the product meets the minimum standards or is equal to the brand name, product, is on the bidder. The City reserves the right to reject bids that the City deems unacceptable. i.14 MODIFICATION / WITHDRAWAL OF BID. Written requests to modify or withdraw the bid received by the City prior to the scheduled opening time will be accepted and will be corrected after opening. No oral requests will be allowed. Requests must be addressed and labeled in the same manner as the bid and marked as a MODIFICATION or WITHDRAWAL of the bid. Requests for withdrawal after the bid opening will only be granted upon proof of undue hardship and may result in the forfeiture of any bid security. Any withdrawal after the bid opening shall be allowed solely at the City’s discretion. i.15 DEBARMENT DISCLOSURE. If the vendor submitting this bid has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the bidder shall include a letter with its bid identifying the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating the suspension or debarment. i.16 RESERVATIONS. The City reserves the right to reject any or all bids or any part thereof; to rebid the solicitation; to reject non-responsive or non-responsible bids; to reject unbalanced bids; to reject bids where the terms, prices, and/or awards are conditioned upon another event; to reject individual bids for failure to meet any requirement; to award by item, part or portion of an item, group of items, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any bid. The City may seek clarification of the bid from bidder at any time, and failure to respond is cause for rejection. Submission of a bid confers on bidder no right to an award or to a subsequent contract. The City is charged by its Charter to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditions shall be made solely at the City’s discretion and made to favor the City. No binding contract will exist between the bidder and the City until the City executes a written contract or purchase order. i.17 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a bidder may not be acknowledged or accepted by the City. Award or execution of a contract does not constitute acceptance of a changed term, condition or specification unless specifically acknowledged and agreed to by the City. The copy maintained and published by the City shall be the official solicitation document. i.18 COPYING OF BIDS. Bidder hereby grants the City permission to copy all parts of its bid, including without limitation any documents and/or materials copyrighted by the bidder. The City’s right to INSTRUCTIONS Reverse Osmosis Membranes 5 ITB #14-22 copy shall be for internal use in evaluating the proposal. i.19 CONTRACTOR ETHICS. It is the policy of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the Procurement process, including Respondents and Contractors. To achieve the purpose of this Article, it is essential that Respondents and Contractors doing business with the City also observe the ethical standards prescribed herein. It shall be a breach of ethical standards to: a. Exert any effort to influence any City employee or agent to breach the standards of ethical conduct. b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or Services not provided. c. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply with any term, condition, specification or other requirement of a City Contract. i.20 GIFTS. The City will accept no gifts, gratuities or advertising products from bidders or prospective bidders and affiliates. The City may request product samples from vendors for product evaluation. i.21 RIGHT TO PROTEST. Pursuant to Section 2.562(3), Clearwater Code of Ordinances, a bidder who submitted a response to a competitive solicitation and was not selected may appeal the decision through the bid protest procedures, a copy of which shall be available in the Procurement Division. A protesting bidder must include a fee of one percent of the amount of the bid or proposed contract to offset the City’s additional expenses related to the protest. This fee shall not exceed $5,000.00 nor be less than $50.00. Full refund will be provided should the protest be upheld. No partial refunds will be made. ADDRESS PROTESTS TO: City of Clearwater – Procurement Division 100 S Myrtle Ave, 3rd Fl Clearwater FL 33756-5520 or PO Box 4748 Clearwater FL 33758-4748 INSTRUCTIONS – EVALUATION Reverse Osmosis Membranes 6 ITB #14-22 i.22 EVALUATION PROCESS. Bids will be reviewed by the Procurement Division and representative(s) of the respective department(s). The City staff may or may not initiate discussions with bidders for clarification purposes. Clarification is not an opportunity to change the bid. Bidders shall not initiate discussions with any City employee or official. i.23 PRESENTATIONS/INTERVIEWS. The bidder must provide a formal presentation/interview upon request. i.24 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of information: responsiveness, responsibility, and price. All bids must meet the following responsiveness and responsibility criteria to be considered further. a) Responsiveness. The City will determine whether the bid complies with the instructions for submitting bids including completeness of bid which encompasses the inclusion of all required attachments and submissions. The City must reject any bids that are submitted late. Failure to meet other requirements may result in rejection. b) Responsibility. The City will determine whether the bidder is one with whom it can or should do business. Factors that the City may evaluate to determine "responsibility" include, but are not limited to: excessively high or low priced bids, past performance, references (including those found outside the bid), compliance with applicable laws-including tax laws, bidder's record of performance and integrity - e.g. has the bidder been delinquent or unfaithful to any contract with the City, whether the bidder is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A bidder must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. City staff may also use Dun & Bradstreet and/or any generally available industry information. The City reserves the right to inspect and review bidder’s facilities, equipment and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection. c) Price. We will then evaluate the bids that have met the requirements above. i.25 COST JUSTIFICATION. In the event only one response is received, the City may require that the bidder submit a cost proposal in sufficient detail for the City to perform a cost/price analysis to determine if the bid price is fair and reasonable. i.26 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Bidder must be prepared for the City to accept the bid as submitted. If bidder fails to sign all documents necessary to successfully execute the final contract within a reasonable time as specified, or negotiations do not result in an acceptable agreement, the City may reject bid or revoke the award, and may begin negotiations with another bidder. Final contract terms must be approved or signed by the appropriately authorized City official(s). No binding contract will exist between the bidder and the City until the City executes a written contract or purchase order. i.27 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to Purchasing’s website. It is the bidder’s responsibility to check the City of Clearwater’s website at https://www.myclearwater.com/business/rfp to view relevant bid information and notices. i.28 BID TIMELINE. Dates are tentative and subject to change. Release ITB: 3/14/2022 Advertise Tampa Bay Times: 3/16/2022 Bids due: 4/13/2022 Review bids: 4/14/2022 – 4/21/2022 Award recommendation: 4/22/2022 Council authorization: 5/19/2022 Contract begins: May 2022 STANDARD TERMS AND CONDITIONS Reverse Osmosis Membranes 7 ITB #14-22 S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: “vendor, contractor, supplier, proposer, company, parties, persons”, “purchase order, PO, contract, agreement”, “city, Clearwater, agency, requestor, parties”, “bid, proposal, response, quote”. S.2 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor’s employees, not City employees. Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers’ compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims. S.3 SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. S.4 ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first receiving the City’s written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event the City will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement. S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. S.6 NO THIRD-PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties. S.7 NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement. S.8 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor. S.9 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations under this Agreement. S.10 COMPLIANCE WITH APPLICABLE LAWS. a. General. Contractor must procure all permits and licenses and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects. Contractor will require a drug-free workplace for all Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Agreement must be notified STANDARD TERMS AND CONDITIONS Reverse Osmosis Membranes 8 ITB #14-22 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. 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. STANDARD TERMS AND CONDITIONS Reverse Osmosis Membranes 9 ITB #14-22 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. 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 STANDARD TERMS AND CONDITIONS Reverse Osmosis Membranes 10 ITB #14-22 contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five (5) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor’s place of business or at City offices, as determined by the City. S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City’s information, data, or facilities in accordance with the City’s 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 STANDARD TERMS AND CONDITIONS Reverse Osmosis Membranes 11 ITB #14-22 including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement. S.17 DEFAULT. a. A party will be in default if that party: (i) is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor’s capability to perform under the Agreement; (ii) is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; (iii) conducts business in an unethical manner or in an illegal manner; or (iv) fails to carry out any term, promise, or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred from participating in City procurements and solicitations in accordance with the City’s Purchasing Policy and Procedures Manual. c. Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non- defaulting party to provide notice of the default does not waive any rights under the Agreement. d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement. S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and costs. c. The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, special, or consequential damages. S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. 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. STANDARD TERMS AND CONDITIONS Reverse Osmosis Membranes 12 ITB #14-22 S.21 TERMINATION FOR CONFLICT OF INTEREST Florida Statutes Section 112. Pursuant to F.S. Section 112, the City may cancel this Agreement after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor. S.22 TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date. S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final invoice. S.24 NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. S.25 INDEMNIFICATION/LIABILITY. a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the obligations established by this Agreement. b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor-provided supplies or services. S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman-like and professional manner. The City’s acceptance of service or materials provided by Contractor will not relieve Contractor from its obligations under this warranty. If any materials or services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at no additional charge to the City, will provide materials or redo such services until in accordance with this Agreement and to the City’s reasonable satisfaction. Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications. 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 STANDARD TERMS AND CONDITIONS Reverse Osmosis Membranes 13 ITB #14-22 cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery. S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs. S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or publicity without obtaining the prior written consent of the City. S.31 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8, a current or former public officer or employee within the last two (2) years shall not represent another organization before the City on any matter for which the officer or employee was directly concerned and personally participated in during their service or employment or over which they had a substantial or material administrative discretion. S.32 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder. S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees. S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same without suit, trouble or hindrance from Contractor or third parties. S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is obtained against the City’s use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute supplies or services. S.37 CONTRACT ADMINISTRATION. The contract will be administered by the Procurement Administrator and/or an authorized representative from the using department. All questions regarding the contract will be referred to the administrator for resolution. Supplements may be written to the contract for the addition or deletion of services. Payment will be negotiated and determined by the contract administrator(s). STANDARD TERMS AND CONDITIONS Reverse Osmosis Membranes 14 ITB #14-22 S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing agreements with other Florida government agencies, including the Tampa Bay Area Purchasing Cooperative. Under a Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies in the State of Florida with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City is not responsible for any disputes arising out of transactions made by others. S.40 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City’s Procurement Division. S.41 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via overnight courier or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof. S.42 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida. The exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Pinellas County, Florida. S.43 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed. S.44 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it. S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. S.46 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination. DETAILED SPECIFICATIONS Reverse Osmosis Membranes 15 ITB #14-22 1. INTRODUCTION. The City of Clearwater (City) is a coastal community on the West Coast of Florida and the third largest city in the Tampa Bay region with an estimated 117,800 residents. Clearwater Beach is an international tourist destination that brings millions of tourists to Pinellas County annually and was selected as the “Number One Beach in America” in the 2018 and 2019 TripAdvisor Travelers’ Choice Awards and regularly ranks as a top vacation destination in both domestic and international publications. An ideal year-round destination for travelers of all ages and interests, Clearwater boasts miles of pristine “sugar sand” beaches, provides a wide variety of casual and fine dining options, and is home to Philadelphia Phillies Spring Training and Clearwater Threshers Minor League Baseball. Clearwater Marine Aquarium remains a consistent draw for visitors and is nationally recognized for its groundbreaking work in marine rescue, rehabilitation, and release. The City of Clearwater is committed to ensuring that we have a sustainable city through green measures focusing on our economy, environment, and community. 2. SCOPE OF WORK. The City of Clearwater is soliciting bids to supply reverse osmosis membrane elements for use in the City’s drinking water treatment plants. These membrane elements will be purchased and installed by the Public Utilities Department on an as-needed basis. 3. SPECIFICATIONS. a. Technical Terms and Conditions: i. All membrane elements must be manufactured and Whole Effluent Toxicity (WET) tested by the manufacturer no more than one (1) year from the date of order. ii. The Vendor shall provide electronic copies of the WET test results to designated Public Utilities representative(s) prior to shipment. iii. Membranes must be new, individually packed, factory sealed elements with brine seal, interconnector, and O-rings from Original Equipment Manufacturer (OEM). b. Products: Only the following membrane elements will be accepted. No substitutions or equivalents will be permitted. i. Hydranautics ESPA 4 Max 8” ii. Hydranautics ESPA 2 Max 8” iii. Toray TMG20D-440 8” iv. Toray TM720D-440 8” c. If a membrane model becomes obsolete and is no longer manufactured, the membrane manufacturer’s representative shall notify the Public Utilities designated representative(s) and provide information on compatible elements for the City’s review and approval. 4. DELIVERY. a. Toray membranes shall be delivered with a unidirectional brine seal. b. Individual membranes shall be stacked on a pallet and secured with straps or plastic wrap. c. Delivery shall be made within 16 weeks of order. d. Deliveries shall be made to 21133 U.S. Hwy 19 N. Clearwater, FL 33765 or 1657 Palmetto St Clearwater, FL 33765, this will be specified at time of order placement. e. Minimum order quantity shall be one (1) membrane element however, typical order quantities will be for enough elements to replace an entire stage: 165 to 215 for a first stage replacement. 50 to 110 for a second stage replacement. The City estimates that we will replace a single stage every 1-2 years at each plant. totaling 90 to 250 elements of varying models annually. DETAILED SPECIFICATIONS Reverse Osmosis Membranes 16 ITB #14-22 5. INSURANCE REQUIREMENTS. The Vendor shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Vendor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Unless waived by the State of Florida and proof of waiver is provided to the City, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $500,000 (five hundred thousand dollars) each employee each accident, $500,000 (five hundred thousand dollars) each employee by disease, and $500,000 (five hundred thousand dollars) disease policy limit. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. Other Insurance Provisions. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Vendor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured” on the Commercial General Liability Insurance and Auto Liability policies. In addition when requested in writing from the City, Vendor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Procurement Division, ITB #14-22 P.O. Box 4748 Clearwater, FL 33758-4748 b. Vendor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. Vendor’s insurance as outlined above shall be primary and non-contributory coverage for DETAILED SPECIFICATIONS Reverse Osmosis Membranes 17 ITB #14-22 Vendor’s negligence. d. Vendor reserves the right to appoint legal counsel to provide for the Vendor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Vendor’s design, equipment, or service. Vendor agrees that the City shall not be liable to reimburse Vendor for any legal fees or costs as a result of Vendor providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and City’s failure to request evidence of this insurance shall not be construed as a waiver of Vendor’s (or any contractors’, subcontractors’, representatives’ or agents’) obligation to provide the insurance coverage specified. MILESTONES Reverse Osmosis Membranes 18 ITB #14-22 1. BEGINNING AND END DATE OF INITIAL TERM. May 2022 – May 2023 If the commencement of performance is delayed because the City does not execute the contract on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution. 2. EXTENSION. The City reserves the right to extend the term of this contract, provided however, that the City shall give written notice of its intentions to extend this contract no later than thirty (30) days prior to the expiration date of the contract. 3. RENEWAL. At the end of the initial term of this contract, the City may initiate renewal(s) as provided. The decision to renew a contract rests solely with the City. The City will give written notice of its intention to renew the contract no later than thirty (30) days prior to the expiration. Two (2), one (1) year renewals possible at the City’s option. 4. PRICES. All pricing shall be firm for the initial term of one (1) year; except where otherwise provided by the specifications, and include all transportation, insurance and warranty costs. The City shall not be invoiced at prices higher than those stated in any contract resulting from this bid. The Contractor certifies that the prices offered are no higher than the lowest price the Contractor charges other buyers for similar quantities under similar conditions. The Contractor further agrees that any reductions in the price of the goods or services covered by this bid and occurring after award will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions. During the sixty (60) day period prior to each annual anniversary of the contract effective date, the Contractor may submit a written request that the City increase the prices for an amount for no more than the twelve month change in the Producer Price Index for PPI 07-2 for Plastic Products, Not Seasonally Adjusted as published by the U.S. Department of Labor, Bureau of Labor Statistics (http://www.bls.gov/ppi/home.htm). The City shall review the request for adjustment and respond in writing; such response and approval shall not be unreasonably withheld. At the end of the initial term, pricing may be adjusted for amounts other than inflation based on mutual agreement of the parties after review of appropriate documentation. Renewal prices shall be firm for at least one year, and may be adjusted thereafter as outlined in the previous paragraph. No fuel surcharges will be accepted. BID SUBMISSION Reverse Osmosis Membranes 19 ITB #14-22 1. BID SUBMISSION. It is recommended that bids be submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. For bids mailed and/or hand-delivered, bidder must submit one (1) signed original bid and one (1) electronic format on a CD or Thumb Drive, in a sealed container using label provided at the end of this solicitation. 2. BIDDER RESPONSE CHECKLIST. This checklist is provided for your convenience. It is not necessary to return a copy of this solicitation’s Instructions, Terms and Conditions, or Detailed Specifications with your bid response. Only submit the requested forms and any other requested or descriptive literature. Original and proper number of copies with electronic format (if requested) Bid container properly labeled Bid pricing form Exceptions/Additional Materials/Addenda form Vendor Information form Scrutinized Companies form(s) as required E-Verify Eligibility form as required Offer Certification form W-9 Form to be provided by Bidder (http://www.irs.gov/pub/irs-pdf/fw9.pdf) BID PRICING Reverse Osmosis Membranes 20 ITB #14-22 Pursuant to the contract specifications enumerated and described in this solicitation, we agree to furnish Reverse Osmosis Membranes to the City of Clearwater at the price(s) stated below. Description Estimated Quantity Cost per Element Delivered Hydranautics ESPA 4 Max 8” 165-215 $ Hydranautics ESPA 2 Max 8” 50-110 $ Toray TMG20D-440 8” 165-215 $ Toray TM720D-440 8” 50-110 $ Note: The Estimated Quantities will be purchased on an as-needed basis. The quantities listed should be used for bid tabulation purposes only. The City is not obligated to purchase these amounts at any time during the term of this contract. DELIVERY REQUIREMENTS FOB: Destination, Freight Prepaid and Allowed Freight Costs: Unit prices should include all freight and transportation charges PAYMENT TERMS: City of Clearwater’s standard payment terms are NET30 Vendor: _________________________________________ Date: _______________________________ EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA Reverse Osmosis Membranes 21 ITB #14-22 Bidders shall indicate any and all exceptions taken to the provisions or specifications in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): Note – Any material exceptions taken to the City’s Standard Terms and Conditions will render a Bid Non-responsive. No exceptions Exceptions taken (describe--attach additional pages if needed) Additional Materials submitted (mark one): No additional materials have been included with this bid Additional Materials attached (describe--attach additional pages if needed) Addenda Bidders are responsible for verifying receipt of any addenda issued by checking the City’s website at http://www.myclearwater.com/business/bid-information/ prior to the bid opening. Failure to acknowledge any addenda issued may result in a response being deemed non-responsive. Acknowledgement of Receipt of Addenda (initial for each addenda received, if applicable): Addenda Number Initial to acknowledge receipt Vendor Name ____ Date: ____ VENDOR INFORMATION Reverse Osmosis Membranes 22 ITB #14-22 Company Legal/Corporate Name: Doing Business As (if different than above): Address: City: State: Zip: - Phone: Fax: E-Mail Address: Website: DUNS # Remit to Address (if different than above): Order from Address (if different from above): Address: Address: City: State: Zip: City: State: Zip: Contact for Questions about this bid: Name: Fax: Phone: E-Mail Address: Day-to-Day Project Contact (if awarded): Name: Fax: Phone: E-Mail Address: Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: Provide supporting documentation for your certification, if applicable. SCRUTINIZED COMPANIES FORM Reverse Osmosis Membranes 23 ITB #14-22 SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 3. “Boycott Israel” or “boycott of Israel” means refusing to deal, terminating business activities, or taking other actions to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli-controlled territories, in a discriminatory manner. A statement by a company that it is participating in a boycott of Israel, or that it has initiated a boycott in response to a request for a boycott of Israel or in compliance with, or in furtherance of, calls for a boycott of Israel, may be considered as evidence that a company is participating in a boycott of Israel; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by ______________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. ______________________________________ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE SCRUTINIZED COMPANIES FORM Reverse Osmosis Membranes 24 ITB #14-22 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM IF YOUR BID/PROPOSAL IS $1,000,000 OR MORE, THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaging in business operations in Cuba and Syria; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria; and 3. Business Operations means, for purposes specifically related to Cuba or Syria, engaging in commerce in any form in Cuba or Syria, including, but not limited to, acquiring, developing, maintaining, owning, selling, possessing, leasing or operating equipment, facilities, personnel, products, services, personal property, real property, military equipment, or any other apparatus of business or commerce; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by _______________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. ______________________________________ _ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE E-VERIFY ELIGIBILITY FORM Reverse Osmosis Membranes 25 ITB #14-22 VERIFICATION OF EMPLOYMENT ELIGIBILITY FORM PER FLORIDA STATUTE 448.095, CONTRACTORS AND SUBCONTRACTORS MUST REGISTER WITH AND USE THE E-VERIFY SYSTEM TO VERIFY THE WORK AUTHORIZATION STATUS OF ALL NEWLY HIRED EMPLOYEES. 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 Contractor and its Subcontractors are aware of the requirements of Florida Statute 448.095. 2. The Contractor and its Subcontractors are registered with and using the E-Verify system to verify the work authorization status of newly hired employees. 3. The Contractor will not enter into a contract with any Subcontractor unless each party to the contract registers with and uses the E-Verify system. 4. The Subcontractor will provide the Contractor with an affidavit stating that the Subcontractor does not employ, contract with, or subcontract with unauthorized alien. 5. The Contractor must maintain a copy of such affidavit. 6. The City may terminate this Contract on the good faith belief that the Contractor or its Subcontractors knowingly violated Florida Statutes 448.09(1) or 448.095(2)(c). 7. If this Contract is terminated pursuant to Florida Statute 448.095(2)(c), the Contractor may not be awarded a public contract for at least 1 year after the date on which this Contract was terminated. 8. The Contractor is liable for any additional cost incurred by the City as a result of the termination of this Contract. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by _______________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. ____________________________________ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE OFFER CERTIFICATION By signing and submitting this Bid, the Vendor certifies that: a) It is under no legal prohibition on contracting with the City of Clearwater. b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents. c) It has no known, undisclosed conflicts of interest. d) The prices offered were independently developed without consultation or collusion with any of the other respondents or potential respondents or any other anti-competitive practices. e) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who has or may have had a role in the procurement process for the services and or goods/materials covered by this contract. f) It understands the City of Clearwater may copy all parts of this response, including without limitation any documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer, or in response to a public records request under Florida’s public records law (F.S. 119) or other applicable law, subpoena, or other judicial process; provided that Clearwater agrees not to change or delete any copyright or proprietary notices. g) Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees. h) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and not debarred by any Federal or public agency. i) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and Rules if awarded by the City. j) It is current in all obligations due to the City. k) It will accept such terms and conditions in a resulting contract if awarded by the City. l) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit binding offers for the goods or services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER Reverse Osmosis Membranes 27 ITB #14-22 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED BID Submitted by: Company Name: Address: City, State, Zip: ITB #14-22, Reverse Osmosis Membranes Due Date: April 13, 2022 at 10:00 A.M. City of Clearwater Attn: Procurement PO Box 4748 Clearwater FL 33758-4748 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ SEALED BID Submitted by: Company Name: Address: City, State, Zip: ITB #14-22, Reverse Osmosis Membranes Due Date: April 13, 2022 at 10:00 A.M. ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ City of Clearwater Attn: Procurement 100 S Myrtle Ave 3rd Fl Clearwater FL 33756-5520 CITY OF CLEARWATER ITB # 14-22, Reverse Osmosis Membranes DUE DATE: April 13, 2022; 10:00 AM BID TABULATION SUMMARY ITEM DESCRIPTION Accurate Gas Control Systems Inc H2O Innovation USA, Inc Harrington Industrial Plastics LLC Hydranautics MPW Industrial Services Group, Inc. Toray Membrane USA, Inc. 1 Hydranautics ESPA 4 Max 8"577.00$ 525.00$ 564.71$ 490.00$ 631.25$ no bid 2 Hydranautics ESPA 2 Max 8"550.00$ 503.00$ 552.94$ 465.00$ 606.25$ no bid 3 Toray TMG20D-440 8"506.00$ 503.00$ 537.04$ no bid 637.50$ 479.00$ 4 Toray TM720D-440 8"506.00$ 503.00$ 537.04$ no bid 637.50$ 479.00$ NOTE: Items with a star ( ) indicates intent to award. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0473 Agenda Date: 5/16/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 8.2 SUBJECT/RECOMMENDATION: Approve a contract to Tencarva Machinery CO LLC, dba Hudson Pump and 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 $400,000.00 for the term of May 20, 2022 through November 30, 2023, pursuant to Clearwater Code of Ordinances Section 2.563(1)(d), Non-competitive purchases (Impractical), and authorize the appropriate officials to execute same. (consent) SUMMARY: On May 7, 2020, City Council approved an In-Kind Project with the Florida Department of Environmental Protection (FDEP) to satisfy a Settlement Agreement, Executed Consent Order OGC File 20-0100 for amount of $80,388.96. On September 16, 2021, City Council approved an In-Kind Project with FDEP to satisfy a Settlement Agreement, Executed Consent Order OGC File 21-0522 in the amount of $49,912.00. This request is for an additional amount of $400,000.00 which is to undertake the expansion of and continued upgrade to the current wastewater collection system manholes on an as-needed basis to satisfy Settlement Agreements with the Florida Department of Environmental Protection (FDEP). Approval of this contract will assist Public Utilities in preventing, and/or reducing the severity of overflows and customer backups in the monitored portions of our wastewater collection system rather than only clean-up after the fact. On December 1, 2020, Procurement issued Intent to Sole Source (ISS) #06-21, Manhole Level Monitoring System. Hudson Pump & Equipment, Inc., a Tencarva Company, is the sole municipal distributor for SmartCover Systems in the State of Florida. This standardized product provides better integration and efficiency with the City’s system than other similar products, which results in cost savings. The purchase of new manhole level monitoring systems are complete with associated telemetry equipment plus data communications service which will be utilized to monitor wastewater collection system manhole sewage level heights and issue an alert that sanitary sewer overflow (SSO) issues may be developing prior to their actual occurrence. APPROPRIATION CODE AND AMOUNT: Funds are available in Capital Improvement Project 96665, Sanitary Sewer Repair and Replacement, to fund the professional services agreement and work order. 3217321-546900-96665 $80,388.96 (5/7/21 Council approved) 3217321-546900-96665 $49,912.00 (9/16/21 Council approved) 3217321-546900-96665 $400,000.00 (Additional Amount) Total $530,300.96 Page 1 City of Clearwater Printed on 5/13/2022 SMAR.TC OVER' )NE:'vr: car rr ca.virR"·p· Sole Source -Manufacturer c'ustorner Name Clearwater, FL Addre!5s 1650. North Arcturils Avenue City, State Zip Clearwater, FL 33765 Date 12/9/21 This lett¢r is to provide notification that Hadronex, 'Irie, (do.log .business as SmartC9ver® Systems"') herein known as "Company'' with corporate offices .located at 2_11.0 Enterprise S1;t-eet, Escondido; CA 92029, is the sole creator; mariufadurer and marketer ofa group of systems ·and pro~fucts, fncluding: the award winning StnartCover!r; SmartFLOF'"':. smartVau(tr..,.; SmartWeir™; SmariC(ean®; SrtiartTank; SmartTrend®) Srri.artR.i,inTM; smartTide'11; Undercover®; 5ub$onic:1J; H2Scents® and Streamwatc;:h®, · ·· · · Th¢ Smart(;o.ver®' family of products are bpth patented. and proprietary, designed and ma.npfactured by the C-9mpany to provide users with unique qualities and functions based .on acquiring w.ater level .and/or flow d1;1ta as wf:!11 as other data in the sewer co.llection system Or other sti'ucture·s with open channel flows, using uitrasonic; pressure or co.nib.ined technology combined with embedded analytics .and data f1,1siori. The SmartCov.er4P system., Which acquires and transmits data throµgh the Irldium\!I military grade satellite network, is immune to terr.estrial communications interruptions caused by stqrms or hurricahes,and provides 24/7 user access via a secure web browser-and t.hrough a. dedicated, secur!:! user website. · SinartCov.er® i.mique/y prqvid~s real-time, contimious monitoring cqpabHit;y powered by an. engineered · c!nd proprietary long-life Uthlum thlonyl chloride battery pack; It uniquely communicates with a.n ~mbeddeq digital radi_o through the Iridiun,l!I satellite system assuring global, redundant and continuous c.ov~rage. Users acquire trl:!nd data via the patented .and proprietary SmartTrend® analysis software tool which issues. predictive "Advisories" on developing trends, ''Alarms·" for surcharges and lntrusions and .m~intenance "Alerts." that monitor specific operational parameters $ystem. All notifications .provide information and resources eri'abling sewer Intelligence~ -effective, informed clecision-making for corrective or preemptive action. · · · · · Patent pending SmartRain1M; StreamWatcfJ® and $martTide'ili .data services are availabl.e where user$ are presented a "multigraph view" for· fast and easy .corriparlson of t~e SmartCover® (level,) .or .SmartFLQElN {flow) .data with Ideal environmental data. SmartCfean~ provides advanced maintenance forecasting to reduce cost and risk. . . . · · Mounted directly on the manhole cover, th.e patented smartCover® configuratron is. designed to be 1nstalieq y.,1th no confined 'space entry per OSHA CFR, 1~10.146(b). The manhole cover mounting also pr.o'.{ides a reaj-time intrusion i;!larm when the .manhole cover Is opened, providing a .uriiq1,.1e capability to detect intrusions or entries into the manhole or hatch. _company solely provides -ongoing professional services for mal')agement and security .of data, software maintenance ahd upgrades, the user website interface. and .ex.erciS:e of ttie Iddium Satellite communications system. These essential services directly enable users to have seamless, rcibust and ohgoing acces~_to real-time data from remote locations. · . . · Company J_s protecteo bythe following us Pa.tents: 7,589,6;30; 7,598,858; 7,944;352; 7,948,215~ 8,607;654; 9~297,684i 9,482,568; 10~6l2,i2B and 10,901,068. The systems ar.e also protected by .registered trademarks and iilt~.tnational patents. Company also has a Madrid Treaty filing for its main trademark; We hope this Information will satisfy your requirements and that it clearly demonstrates the speciai, patented, unique and proprietary features of our systems. . . Sincerely,. L7T tv(- .Corey Williams, P.E. President/CEO, SmartCover Sy$teiris cwil liams@sr'na rtboversystern s . .com 75Q09S() Rev O 03/.20.21. Stnort:Coy erSyst en1·s.corn Page 1 of l Quoted By: Cathy Jackson 3524 Craftsman Boulevard Lakeland, FL 33803 Tel: (863) 665-7867 Fax: (863) 666-5649 Municipal Division Quote No: 03072022MMR-2 REV 2 Date: 05/02/22 Company: City of Clearwater No. Pages: 2 Location: Public Utilities Your No. Attn: Charmaine Parchment Delivery: Bestway Phone: 727-562-4960 x 7229 Terms: Net 30 Fax: Email: Charmaine.Parchment@MyClearwater.com F.O.B.: Destination From: Missy McLaughlin-Raney/Jim Murphy Conditions of Service: Two (2) Year SmartCover Option We are pleased to quote as follows: Qty. Description Price Each Extension 50 50 50 Smart Cover SC-Q-SB-15 SubSonic System Components * E-Box System Control with onboard computer modem, digital radio: fully potted and IP-68 rated * Distance Sensing Module (DSM) with 0” to 79” sensor range, with 15’ cable and dual sensor. * PowerPak – lithium thionyl chloride battery with high power density. * E-Square antenna, including antenna and installation kit. Mounting bracket kit – three-part amounting bracket set made of heavy gauge, hard-anodized aluminum; includes all mounting hardware. System Warranty – One (1) Yr, System Parts-Only Warranty * Limited Parts-Only Warranty on all Smart Cover System hardware. EW-SC1 – One (1) Yr, Extended System Parts-Only Warranty *Limited Parts-Only Warranty on all SmartCover System Hardware (OPTIONAL) $4,650.00 Included $615.00 $232,500.00 Included $30,750.00 Quoted By: Cathy Jackson 50 PowerPack Warranty – Two (2) Yr, PowerPack Warranty * Limited Parts-Only Warranty on the PowerPack Included Included 50 50 50 50 ASM-SC2 – Active Sight Management (ASM), Two (2) Year Comprehensive support services including: * Software subscription with unlimited number of users accessed with secure username and password * Complete maintenance of all cloud-based software * Regular feature updates and upgrades including SmartTrend. * Hosting of data storage – unlimited data storage * Iridium Satellite connectivity service with bi-directional communication. * Advisories, Maintenance Alerts and Alarms issued to customer defined personnel via email and/or text message. * Ongoing technical support via phone or online. ASM-RD-2Y – SmartRain ASM, Two (2) year Hudson Field Service – Smart Cover Installation ********************************************************************** ** Freight – For Smart Cover orders of quantity 10 or more *If purchased in quantities less than 10, freight will be $75 ea. $840.00 $220.00 $580.00 $45.00 ea $42,000.00 $11,000.00 $29,000.00 $2,250.00 Total Excluding Freight $6,905.00 $345,250.00 With the following notes: 1. Services will be performed by a local SmartCover factory-trained representative. Adequate spare parts inventory will be maintained locally (with local technicians) to minimize downtime of systems. Remote troubleshooting will be performed within 2 business days after Customer notification of a system service need. Any field repairs will be performed within 5 business days after diagnosis. Best Regards, Missy McLaughlin-Raney HUDSON PUMP & EQUIPMENT Phone: (863) 665-7867 Fax: (863) 666-5649 Quoted By: Cathy Jackson E-mail: mmraney@tencarva.com Visit us at www.hudsonpump.com REQUEST FOR QUOTE The City of Clearwater’s Public Utilities Department is soliciting a quote with the intent to renew the existing contract for one (1) year with one (1) year renewal options for the purchase of Smart Covers and other related services. This will allow for Smart Cover purchases on an as - needed basis. Please provide a detail itemized quote for the following: Item Quantity Unit of Measure Total 50 Smart Covers Model SC-Q- SB-15 E-Box System Control Dual Sensing Module with 15 FT cord 50 EA $ Field Service Installation 1 HR Online system costs 1 EA/HR Warranty service contract 1 EA Maintenance of the Covers 1 HR Allowance for any parts, labor, etc not covered by Maintenance and or Warranty 1 EA $50,000 Total Along with quote, please provide the City with an updated Sole Source letter, your terms and conditions if applicable, and an updated Certificate of Insurance (COI) naming the City as “Additional Insured” (see requirements below). No Guarantee of Work: The Contractor acknowledges and agrees that it is not entitled to deliver any specific amounts of materials and/or service at all under this quote and acknowledges and agrees that the materials and/or services will be requested by the City on an as needed basis at the sole discretion of the City. Insurance Requirements: The vendor must, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically, the Vendor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Unless waived by the State of Florida and proof of waiver is provided to the City, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $500,000 (five hundred thousand dollars) each employee each accident, $500,000 (five hundred thousand dollars) each employee by disease, and $500,000 (five hundred thousand dollars) disease policy limit. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. Other Insurance Provisions. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Vendor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured” on the Commercial General Liability Insurance and Auto Liability policies. In addition, when requesting in writing from the City, Vendor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Procurement Division P.O. Box 4748 Clearwater, FL 33758-4748 b. Vendor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. Vendor’s insurance as outlined above shall be primary and non-contributory coverage for vendor’s negligence. d. Vendor reserves the right to appoint legal counsel to provide for the Vendor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or the Vendor’s design, equipment, or service. Vendor agrees that the City shall not be liable to reimburse Vendor for any legal fees or costs as a result of Vendor providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and City’s failure to request evidence of this insurance shall not be construed as a waiver of Vendor’s (or any contractors’, subcontractors’, representatives’, or agents’) obligation to provide the insurance coverage specified. ADJUSTMENTS TO CONTRACT TERMS & CONDITIONS NECESSITATED BY MARKET VOLATILITY The City may, in its sole discretion, make an equitable adjustment in the contract terms and/or pricing if pricing or availability of supply are affected by extreme and unforeseen volatility in the marketplace, that is, by circumstances that satisfy all of the following criteria: 1. The volatility is due to causes wholly beyond the vendor’s control. 2. The volatility affects the marketplace or industry, not just the particular vendor’s source of supply. 3. The effect on pricing or availability of supply is substantial. Substantial is defined as greater than ten (10) %. The determination as to whether a situation represents “extreme” volatility of the marketplace and/or whether the effect on pricing or availability is “substantial” shall be solely at the discretion of the City. Increase requests for increase adjustments will not be considered more than once in a 30-day period. Any claim by the Manufacturer for payment of a cost increase, as provided above, shall require written notice delivered by the Manufacturer or their assigned representative to the Clearwater Public Utilities stating the increased cost, the building material or materials in question, and the source of supply, supported by invoices or bills of sale. NOTICE OF INTENT TO MAKE A SOLE SOURCE PURCHASE ISS 06-21; Manhole Level Monitoring Systems October 23, 2020 The City of Clearwater (City) intends to purchase a commodity or service for which we believe only one (1) known provider exists. This document contains the specifications and justification for the noncompetitive procurement. Any vendor who does not agree that this commodity or service is available only from the source described in this document must contact the procurement officer listed below by the response deadline. Purchase Description: The City of Clearwater Public Utilities Department intends to establish a term contract for the purchase of Manhole Level Monitoring Systems complete with associated telemetry equipment and data communications services to provide early warning of impending sanitary sewer overflows (SSO). The City intends to initiate a pilot program using these product(s) for an initial purchase of approximately 16 manhole level monitors, with related equipment and accessories, with the option to continue purchasing on an as-needed basis. The systems must provide real-time data from sites. Solutions shall be satellite based for uninterrupted operations in case there are local, regional, national disasters or extraordinary circumstances. The system must have the ability to communicate with the City’s SCADA, GIS, and CMM programs. Additionally, devices must be portable, self-contained, and affix to the underside of manhole covers and lift station hatches. Intended Source: Tencarva Machinery Company LLC. Dba Hudson Pump & Equipment Intended Product: SmartCOVER Term/Price: 3-year term contract. Estimated cost for initial purchase - $82,000 Justification for the noncompetitive procurement: The SmartCOVER system is a patented, proprietary system and the only solution found to meet all requirements of the City of Clearwater Public Utilities Department. Response Deadline: If you feel you are able to provide these commodities / services and would like an opportunity to submit a proposal for consideration, please submit your response by November 5, 2020 at 10:00AM EST as follows: • Log onto: https://app.smartsheet.com/b/form/6965ef2e80e84fa6b2426b2a0f226441 • Complete online form with “Your Information” • Use the drop-down arrow to select “Project You Are Bidding On” • Drag and drop your files into the “Upload Files Here” box • Once complete, hit “Submit” General, Process, or Technical Questions concerning this Intent to Sole Source should be directed, IN WRITING, to the Sr. Procurement Analyst, Valerie Craig at Valerie.Craig@myclearwater.com no later than October 30, 2020. December 1, 2020 NOTICE OF INTENT TO AWARD Procurement and Public Utilities recommend award of ISS No. 06-21, Manhole Level Monitoring System, to Tencarva Machinery Company LLC. dba Hudson Pump & Equipment, the sole source provider of SmartCOVER Manhole Level Monitoring Systems, for a three (3) year term. Inquiries regarding this Intent to Award can be directed to the City’s Sr. Procurement Analyst, Valerie Craig at Valerie.Craig@myclearwater.com or mailed to City of Clearwater, Attn: Procurement, PO Box 4748, Clearwater, FL 33758-4748. Posted on this date by: Valerie Craig Valerie Craig Sr. Procurement Analyst Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0453 Agenda Date: 5/16/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Authorize a one-year extension to the current purchase order with Jet Age Fuel, Inc. of Clearwater, FL, for the purchase of unleaded and diesel fuel; increase the purchase order by $500,000.00 bringing the total amount to $3,200,000.00 for term October 1, 2022, through September 30, 2023, pursuant to Invitation to Bid (ITB) 37-19; and authorize the appropriate officials to execute same. (consent) SUMMARY: On September 5, 2019, Council authorized a purchase order with Jet Age Fuel, Inc in the annual amount of $2,700,000.00 for the purchase of unleaded and diesel fuel for one year with two, one-year renewal options per ITB 37-19, Fuel - Gasoline and Diesel. Per the milestones in the ITB, the term was intended to be for one year with three, one-year renewals options totaling a four-year contract. General Services is requesting authorization to extend the contract for an additional year. In addition, with the increase in the cost of fuel, General Services is also requesting an increase of $500K for the final term bringing the amount to $3.2M. This contract is for the purchase of unleaded and un-dyed diesel fuel for delivery to the City's fuel facility located at 1701 N. Hercules Avenue and for the purchase of dyed diesel for delivery to the City’s fixed and mobile generators at various locations within the city. The fuel purchased from this contract is utilized in the majority of city equipment, including police and fire. APPROPRIATION CODE AND AMOUNT: Future fiscal year budgets will include requests for funding: ·FY23 $3,200,000 Page 1 City of Clearwater Printed on 5/13/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-6632 Agenda Date: 9/5/2019 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 9.19 Award a contract (blank purchase order) to Jet Age Fuel, Inc. of Clearwater, FL in the annual amount of $2,700,000 for the purchase of unleaded and diesel fuel, with two one-year renewal terms at the City's option and authorize the appropriate officials to execute same. SUMMARY: Invitation to Bid (ITB) No. 37-19 was issued in July 2019. Three responses were received. The ITB pricing structure was based on specific dates' rack rates, and the respective Fixed Fee Markup (+ or -) from the bidders. Fuel prices change daily based on the rack rate market index (OPIS), markups, and applicable taxes/fees. For general reference, on July 26, 2019, fuel prices were $2.13 for unleaded and $ 2.30 for diesel, per gallon. This contract is for the purchase of unleaded and un-dyed diesel fuel for delivery to the City's fuel facility located at 1701 N. Hercules Avenue and for the purchase of dyed diesel for delivery to the City’s fixed and mobile generators at various locations within the city. The fuel purchased from this contract is utilized in the majority of city equipment, including police and fire. Jet Age was the lowest bidder on ITB 37-19. Additionally, the ITB required a written commitment from the supplier of their ability to be responsive to Clearwater in emergency situations. Jet Age provided a written confirmation of their ability to supply fuel 24 hours a day, seven days a week, including during the hurricane season; and if their supply from the Port of Tampa is interrupted they have the ability to obtain fuel via truck from Jacksonville, Florida or Bainebridge, Georgia. Per the US Energy Information Administration, the average retail price for diesel to-date in 2019 is $3.04 per gallon and the average retail price for unleaded to-date is $2.79 per gallon (projections of cost for the period of this award were averaged to estimate the price per gallon and includes taxes for which the City is reimbursed). The City does not pay Federal taxes but does pay state taxes at time of payment and submits for reimbursement on a monthly basis. APPROPRIATION CODE AND AMOUNT: Budgeted funds for FY19 are available in the Garage Fund cost code 5666611-550500 (Fuel) ·FY19 $225,000 (1 month) Funds for FY20 are included in the proposed budget for the Garage Fund cost code 5666611-550500 (Fuel) ·FY20 $2,700,000 Future fiscal year budgets will include requests for funding: ·FY21 $2,700,000 ·FY22 $2,475,000 (11 months) Page 1 City of Clearwater Printed on 4/28/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0468 Agenda Date: 5/16/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 10.1 SUBJECT/RECOMMENDATION: Request for authority to settle case of City of Clearwater v. Hunstein, et al., Case No. 21-005056-CI. (consent) SUMMARY: On July 19, 2018, the City retained Weidner Law, P.A. (outside counsel) for representation in municipal lien foreclosure matters. The outside counsel then filed a foreclosure action against Doris Hunstein, the owner of the property located at 1233 Lakeview Road, over a code enforcement lien in the amount of $524,400.00. Since that time, the property has been brought into compliance with the City’s codes and the property is under contract to be sold. The owner has agreed to pay $50,000.00 within thirty days and has also agreed that if the property falls out of compliance with the City’s codes within the next six months, the City would be entitled to an immediate foreclosure judgment in the full amount of the lien. Alternatively, the owner has agreed to complete the sale of the property within the next six months. Authority is being sought to settle this case for $50,000.00 along with the property owner’s promise to keep the property in full compliance or sell it as detailed above, in exchange for which the City will release the lien and dismiss the lawsuit. Page 1 City of Clearwater Printed on 5/13/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0469 Agenda Date: 5/16/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 10.2 SUBJECT/RECOMMENDATION: Request for authority to settle case of Dekker v. City of Clearwater, Case No. 19-2569-CI. (consent) SUMMARY: On November 7, 2017, an on-duty Clearwater police officer vehicle allegedly collided with plaintiff, Rita Dekker, near US HWY 19 (SR 55), Palm Harbor. Dekker alleges she sustained physical injuries to her neck and back, as well as corresponding surgeries to both, because of the accident. Dekker further alleges that she incurred over $350,000.00 in past medical bills because of the accident. Authority is being sought to settle this case for $120,000.00, in exchange for which the City will receive a full release and the pending civil action will be dismissed with prejudice. APPROPRIATION CODE AND AMOUNT: 59007590-545900 Page 1 City of Clearwater Printed on 5/13/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9556-22 2nd rdg Agenda Date: 5/16/2022 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.3 SUBJECT/RECOMMENDATION: Adopt Ordinance 9556-22 on second reading, amending the future land use element of the Comprehensive Plan of the city to change the land use designation for certain real property whose post office address is 609 Blanche B. Littlejohn Trail, Clearwater, Florida, 33755 from Institutional (I) to Residential Urban (RU). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/13/2022 Ordinance No. 9556-22 ORDINANCE NO. 9556-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF BLANCHE B LITTLEJOHN TRAIL APPROXIMATELY 115 FEET SOUTH OF ELDRIDGE STREET, WHOSE POST OFFICE ADDRESS IS 609 BLANCHE B LITTLEJOHN TRAIL, CLEARWATER, FLORIDA 33755, FROM INSTITUTIONAL (I), TO RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described properties, as follows: Properties Land Use Category See attached Exhibit “A” for legal description; From: INSTITUTIONAL (I) To: RESIDENTIAL URBAN (RU) (LUP2022-02002) 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 contingent upon approval of the County land use designation by the Pinellas County Board of Commissioners, where applicable, and thirty-one (31) days post-adoption. If this ordinance is appealed within thirty (30) days after adoption, then this ordinance will take effect only after approval of the County land use designation by the Pinellas County Board of Commissioners and upon issuance of a final order determining this amendment to be in compliance either by the Department of Economic Opportunity (DEO) or the Administration Commission, where applicable, pursuant to section 163.3187, Florida Statutes. The Community Development Coordinator is authorized to transmit to Forward Pinellas, in its role as the Pinellas Planning Council, an Ordinance No. 9556-22 application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City’s Comprehensive Plan as amended by this ordinance. 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 LUP/REZ2022-02002 ========================================================================================= No. Parcel ID Lot No. Address 1. 09-29-15-08622-000-0500 Lots 50 & 51 609 Blanche B Littlejohn Trail The above in G.L. BIDWELLS OAKWOOD ADDITION TO CLEARWATER, as recorded in PLAT BOOK 1, PAGE 46, of the Public Records of Pinellas County, Florida. Exhibit “B” 3742274052651787714808622 2 3 1 2 2 18 17 16 15 6 5 4 3 2 1 3 2 42 41 40 39 38 37 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 9 10 11 12 13 14 15 16 17 18 19 20 21 1 2 3 4 6 5 1 2 3 4 1 41/07 41/08 323000 9 10 12 11 10 9 8 7 1 2 3 4 5 6 8 7 6 5 1 2 3 4 8 46 7 45 44 43 42 41 6 5 1 2 3 4 5 6 1 691 506 706 605 700642 606 408 675 711 609 658 504 508 706 709 710703 600 502 608708601 602 607803659 604705600606 515 804612711510 604 611 605 707 805705 607 609 607703 717 609 ½ 601 703 704 600 ½610612627 643 777CG RU RUCG RMI CG CBD CBD CBDCBDCBDCBDCBD CBD CG I RU RU RU I RU BLANCHEBLITTLEJOHNTRLSEMINOLE ST N MYRTLE AVEELDRIDGE ST MAPLE STSPRUCE AVEALDEN AVE-Not to Scale--Not a Survey-Rev. 2/7/2022 PROPOSED FUTURE LAND USES MAP Owner(s): City of Clearwater Case: LUP2022-02002 REZ2022-02002 Site: 609 Blanche B Littlejohn Trail Property Size(Acres): .275 Land Use Zoning PIN: 09-29-15-08622-000-0500 From: Institutional (I) Institutional (I) To: Residential Urban (RU) Low Medium Density Residential (LMDR) Atlas Page: 277B PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: April 19, 2022 AGENDA ITEM: F.3. CASE: LUP2022-02002 REQUEST: To amend the Future Land Use Map designation from Institutional (I) to Residential Urban (RU) GENERAL DATA: Owner.............................. City of Clearwater Representative................. Jon Jennings, City Manager Location .......................... 609 Blanche B. Littlejohn Trail, located on the east side of Blanche B. Littlejohn Trail approximately 115 feet south of Eldridge Street Property Size ................... 0.275 acres Background: This case involves a 0.275-acre vacant property located on the east side of Blanche B. Littlejohn Trail approximately 115 feet south of Eldridge Street. The parcel, owned by the City of Clearwater, is currently vacant; however, the property was previously occupied by a single-family detached dwelling that was demolished in June of 2018. This application is being initiated by the City as a part of an agreement with Habitat for Humanity to sell several contiguous parcels including the subject property to develop workforce housing. Following the future land use amendment, the parcel’s designation will be consistent with the other three parcels being sold. Ownership of this parcel will be transferred to Habitat for Humanity upon the future land use amendment’s effective date. The request is to change the Future Land Use Map designation of the property from Institutional (I) to Residential Urban (RU). A request to rezone the property from the Institutional (I) District to the Low Medium Density Residential (LMDR) District is being processed concurrently with this case (see REZ2022- 02002). Detached dwellings are not a listed permitted use in the Institutional (I) District and would require submission of a Comprehensive Infill Redevelopment application. The proposed amendment would allow for the property to be developed with the intended detached dwellings, and future owners would have clarity of residential standards. An amendment to the Countywide Plan Map will also be required to bring consistency between the city’s Future Land Use Map and the Countywide Plan Map. The applicant understands all necessary approvals and permits must be obtained before development of the subject site occurs. Community Development Board – April 19, 2022 LUP2022-02002 - Page 2 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Vicinity Characteristics: Maps 1 and 2 show the general location of the property and an aerial view of the amendment area and its surroundings. Map 1 Map 2 Map 3 shows the existing surrounding uses. To the west across Blanche B. Littlejohn Trail are residential uses including detached and attached (multi-family) dwellings, to the north a detached dwelling is being constructed, and to the east is a place of worship. To the south there are three vacant parcels that are also being sold to Habitat for Humanity and will be developed with three single family detached dwellings. Map 3 Community Development Board – April 19, 2022 LUP2022-02002 - Page 3 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION As shown on Map 4, the abutting future land use designations are Residential Urban (RU) to the north and south, and Institutional (I) to the east. Central Business District (CBD) exists across Blanche B. Littlejohn Trail and farther south across Maple Street, and to the north, across Eldridge Street, is a mix of Commercial General (CG), Residential Urban (RU) and Institutional (I). Map 4 A comparison between the uses, densities and intensities allowed by the present and proposed Future Land Use Map designations appears in Table 1, along with the consistent zoning districts. Table 1. Uses, Densities and Intensities Allowed by Present and Proposed Future Land Use Designations Present FLUM Designation Institutional (I) Requested FLUM Designation Residential Urban (RU) Primary Uses: Public/Private Schools; Churches; Public Offices; Hospitals; Residential Equivalent Urban Low Density Residential; Residential Equivalent Maximum Density: 12.5 Dwelling Units Per Acre 7.5 Dwelling Units Per Acre Maximum Intensity: FAR 0.65; ISR 0.85 FAR 0.40; ISR 0.65 Consistent Zoning Districts: Institutional (I) Low Medium Density Residential (LMDR); Medium Density Residential (MDR) Community Development Board – April 19, 2022 LUP2022-02002 - Page 4 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION REVIEW CRITERIA: Consistency with the Clearwater Comprehensive Plan [Sections 4-603.F.1 and 4-603.F.2] Recommended Findings of Fact: Applicable goals, objectives and policies of the Clearwater Comprehensive Plan which support the proposed amendment include: Goal A.2 A sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development. Goal A.4 The City shall work toward a land use pattern that can be supported by the available community and public facilities that would be required to serve the development. Policy A.5.5.1 Development shall be designed to maintain and support the existing or envisioned character of the neighborhood. Objective C.1.1 Assure an adequate supply of housing in Clearwater by providing for additional new dwelling units in a variety of types, costs, and locations to meet the needs of the residents of the City of Clearwater. Policy C.1.2.6 The City shall identify vacant and underutilized city-owned property that may be deemed surplus property and make it available for the development of affordable housing. Policy C.1.4.4 Maintain residential zoning districts in a variety of densities and locations in order to accommodate more affordable small lots, small and medium size apartments, and mobile homes. The proposed Residential Urban (RU) future land use designation is compatible with the surrounding single- and multi-family residential uses, as well as the place of worship located in the same block. The City has entered into an agreement to sell this vacant property to Habitat for Humanity to develop workforce housing on the property; however, no site plan application has been submitted at this time. The current Institutional (I) designation does not allow for residential uses by right through the consistent Institutional (I) zoning district, whereas after this amendment new detached dwellings (up to two units) may be constructed consistent with the Low Medium Density Residential (LMDR) District (concurrent case REZ2022-02002). Overall, the intensity of development allowed will be less than what is permitted by the current Institutional (I) future land use designation and will be equal or similar to the parcels to the north and south, as well as to the west. In addition, the proposal does not degrade the level of service for public facilities below the adopted standards (a detailed public facilities analysis follows in this report). Recommended Conclusions of Law: The request does not conflict with the goals, objectives and policies of the Clearwater Comprehensive Plan and furthers said plan as indicated above. Community Development Board – April 19, 2022 LUP2022-02002 - Page 5 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Consistency with the Countywide Rules Recommended Findings of Fact: The underlying Countywide Plan Map category on the proposed amendment area is Public/Semi-Public (P/SP). The proposed amendment area is bounded by Residential Low Medium (RLM) to the north and south, Public/Semi-Public (P/SP) to the east, Recreation/Open Space (R/OS) to the west on the Pinellas Trail and Activity Center (AC) farther west across Blanche B. Littlejohn Trail. The proposed City of Clearwater future land use designation of Residential Urban (RU) will necessitate an amendment from the Public/Semi- Public (P/SP) category to the Residential Low Medium (RLM) category to maintain consistency between the City’s Future Land Use Map and the Countywide Plan Map. Section 2.3.3.3 of the Countywide Rules states that the Residential Low Medium (RLM) category is intended to depict areas that are now developed, or appropriate to be developed, in a suburban, low density or moderately dense residential manner; and to recognize such areas as primarily well-suited for residential uses that are consistent with the suburban qualities, transportation facilities, including transit, and natural resources of such areas. The proposed use, as indicated by the applicant will be residential units, which is an appropriate use within the area and consistent with the existing and surrounding Countywide Plan Map categories. Recommended Conclusions of Law: The proposed Future Land Use Map amendment is consistent with the purpose of the proposed category in the Countywide Rules Compatibility with Surrounding Properties/Character of the City & Neighborhood [Section 4-603.F.3 and Section 4-603.F.6] Recommended Findings of Fact: Existing surrounding uses primarily consist of single-family residential to the north and west and a place of worship to the east of the property. The parcels to the south are currently vacant but are zoned for residential use and are also in the process of being purchased by Habitat for Humanity to be developed as single-family detached dwellings. The proposed use of the subject property as residential is compatible with the surrounding properties and neighborhood. Recommended Conclusions of Law: The proposed Residential Urban (RU) future land use category would allow development that is in character with the Future Land Use Map designations in the area. Further, the proposal is compatible with surrounding uses and consistent with the character of the surrounding properties and neighborhood. Community Development Board – April 19, 2022 LUP2022-02002 - Page 6 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Sufficiency of Public Facilities [Section 4-603.F. 4] Recommended Findings of Fact: To assess the sufficiency of public facilities needed to support potential development on the proposed amendment area, the maximum development potential of the property under the current and requested City Future Land Use Map designations were analyzed. Table 2. Development Potential for Existing & Proposed FLUM Designations Present FLUM Designation “I” Requested FLUM Designation “RU” Net Change Site Area 0.275 AC (11,979 SF) 0.275 AC (11,979 SF) Maximum Development Potential 0 DUs / 9 Beds1 7,786 SF 0.65 FAR 2 DUs / 0 Beds2 0 SF3 0.40 FAR +2 DUs / -9 Beds -7,786 SF -0.25 FAR Notes: 1. Residential uses are not permitted through the consistent Institutional (I) District; however, residential equivalent uses are permitted (3 beds per unit per acre). 2. Residential equivalent uses are not permitted through the consistent Low Medium Density Residential (LMDR) District. 3.FAR is not used to regulate residential uses and there are no non-residential uses permitted through the requested Low Density Residential (LMDR) District zoning; therefore, the square footage development potential is zero. Abbreviations: FLUM – Future Land Use Map DUs – Dwelling Units AC – Acres FAR – Floor Area Ratio SF – Square feet As shown in the table, there is an increase in residential development potential of two units. The following analysis compares the maximum potential development of the proposed Residential Urban (RU) future land use developed with two units to the maximum development potential of the existing Institutional (I) future land use category developed with a 7,786 SF nonresidential (institutional) use. Potable Water The change in development potential from this amendment would result in a decrease in potable water use of up to 301.9 gallons per day. This decrease is determined by taking the potential potable water utilization of the proposed land use developed with the maximum number of dwelling units allowed (479.1 gallons per day) and subtracting it from the potential usage of an institutional use built out at the maximum square footage permitted by the current land use designation (781 gallons per day). The City’s current potable water demand is 10.64 million gallons per day (MGD). The City’s adopted level of service (LOS) standard for potable water service is 120 gallons per day per capita, while the actual usage is estimated at 72 gallons per day per capita (2020 Annual Water Report). The City’s 10-year Water Supply Facilities Work Plan (2016-2026 Planning Period), completed October 2017, indicates that based on the updated water demand projections and other factors, the City has adequate water supply and potable water capacity for the 10-year planning horizon. Community Development Board – April 19, 2022 LUP2022-02002 - Page 7 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Wastewater The change in development potential from this amendment would result in a decrease in wastewater use of up to 320 gallons per day. This decrease is determined by taking the potential potable water utilization of the proposed land use developed with the maximum number of dwelling units allowed (383 gallons per day) and subtracting it from the potential usage of an institutional use built out at the maximum square footage permitted by the current land use designation (703 gallons per day). The subject property is served by the Marshall Street Water Reclamation Facility, which presently has excess permitted capacity estimated to be 4.82 million gallons per day. Therefore, there is excess sanitary sewer capacity to serve the amendment area. Solid Waste The change in development potential from this amendment would increase up to 5.3 tons per year of solid waste generated. This increase is determined by taking the utilization of the proposed land use developed with the maximum number of dwelling units (12.9 tons per year) and subtracting it from the potential utilization of an institutional use built out at the maximum square footage permitted by the current land use designation (7.6 tons per year). Pinellas County handles all solid waste disposal is handled at the Pinellas County Waste-to-Energy Plant and the Bridgeway Acres Sanitary Landfill which has significant capacity. Additionally, the City provides a full- service citywide recycling program which diverts waste from the landfill, helping to extend the lifespan of Bridgeway Acres. There is excess solid waste capacity to serve the amendment area. Parkland Under both the existing and proposed future land use, the LOS citywide will continue to exceed the adopted LOS of 4 acres per 1,000 residents. The City is currently providing 7.89 acres of parkland per 1,000 residents. With the proposed future land use amendment, two additional units could be developed resulting in approximately five additional residents. This is calculated using the most recent ACS estimate of 2.4 persons per household within the City of Clearwater. Based on this impact analysis, the current provision of 7.89 acres of parkland per 1,000 would remain unchanged [Source: Draft Parks and Recreation Facilities Impact Fee Study, prepared by Tindale Oliver Draft Date March 18, 2020]. Amending a property’s future land use or zoning designation does not have an immediate impact on the City’s Parks and Recreation system and parkland requirements. Impacts are felt when development occurs. This future land use map amendment will have no additional impact on parkland. However, Parks and Recreation Impact Fees required to provide new recreation facilities and services will be assessed at the time of development and will be based on the maximum increase in residents. Stormwater Site plan approval will be required before the property can be redeveloped. At that time, the stormwater management system for the site will be required to meet all City and SWFWMD stormwater management criteria. Community Development Board – April 19, 2022 LUP2022-02002 - Page 8 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Streets The subject property is located on the east side of Blanche B. Littlejohn Trail approximately 115 feet south of Eldridge Street. To evaluate potential impacts on streets, the typical traffic impacts figure (trips per day per acre) in the Countywide Rules for the corresponding Countywide Plan Map categories (current and proposed) are compared. The current number of trips per day (52 trips) is calculated based on the per acre impact for the Institutional (I) category of 192 trips/day/acre. The proposed Countywide Plan Map category of Residential Low Medium (RLM) category has an impact of 67 trips/day/acre (24 trips); therefore, the proposed amendment could result in a reduction of 28 trips per day per acre. Recommended Conclusions of Law: Based upon the findings of fact, the proposed change would decrease the demand on several public facilities including potable water, sanitary sewer, parkland, stormwater management, and streets; but would potentially see an increase in solid waste. However, this will not result in the degradation of the current levels of service for solid waste. Impact on Natural Resources [Section 4-603.F.5] Recommended Findings of Fact: No wetlands appear to be located on the subject property. The City’s codes require that development is compliant with the City’s tree preservation, landscaping and stormwater management requirements. Recommended Conclusions of Law: Based on the findings of fact, it is determined that the proposed Future Land Use Map amendment will not negatively impact natural resources on the subject property. Community Development Board – April 19, 2022 LUP2022-02002 - Page 9 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION SUMMARY AND RECOMMENDATION: No amendment to the Comprehensive Plan or Future Land Use Map shall be recommended for approval or receive a final action of support unless it complies with the standards contained in Section 4-603.F, Community Development Code. Table 3 below depicts the consistency of the proposed amendment with the standards under to Section 4-603.F: Table 3. Consistency with Community Development Code Standards for Review CDC Section 4-603 Standard Consistent Inconsistent F.1 The amendment will further implementation of the Comprehensive Plan consistent with the goals, policies and objectives contained in the Plan. X F.2 The amendment is not inconsistent with other provisions of the Comprehensive Plan. X F.3 The available uses, if applicable, to which the properties may be put are appropriate to the properties in question and compatible with existing and planned uses in the area. X F.4 Sufficient public facilities are available to serve the properties. X F.5 The amendment will not adversely affect the natural environment. X F.6 The amendment will not adversely impact the use of properties in the immediate area. X Based on the foregoing, the Planning and Development Department recommends the following action: Recommend APPROVAL of the Future Land Use Map Amendment from Institutional (I) to Residential Urban (RU). Prepared by Planning and Development Department Staff: Dylan Prins Planner ATTACHMENTS: Ordinance No. 9556-22 Resume Photographs of Site and Vicinity PLAZA ST HART ST JONES STNGARDENAVE VINE AVENFORTHARRISONAVESEMINOLE ST ELDRIDGE ST N MYRTLE AVEPENNSYLVANIA AVEPALMETTO ST GEORGIA ST BLANCHEBLITTLEJOHNTRLNICHOLSON ST MAPLE STNOSCEOLAAVECEDAR ST ALDEN AVESPRUCE AVEMETTO ST PROJECT SITE -Not to Scale--Not a Survey-Rev. 2/7/2022 LOCATION MAP Owner(s): City of Clearwater Case: LUP2022-02002 REZ2022-02002 Site: 609 Blanche B Littlejohn Trail Property Size(Acres): .275 Land Use Zoning PIN: 09-29-15-08622-000-0500 From: Institutional (I) Institutional (I) To: Residential Urban (RU) Low Medium Density Residential (LMDR) Atlas Page: 277B BBLLAANNCCHHEEBBLLIITTTTLLEEJJOOHHNNTTRRLLSEMINOLE STSEMINOLE ST N MYRTLE AVEN MYRTLE AVEELDRIDGE STELDRIDGE ST MAPLE STMAPLE STSPRUCE AVESPRUCE AVEALDEN AVEALDEN AVE-Not to Scale--Not a Survey-Rev. 2/7/2022 AERIAL PHOTOGRAPH Owner(s): City of Clearwater Case: LUP2022-02002 REZ2022-02002 Site: 609 Blanche B Littlejohn Trail Property Size(Acres): .275 Land Use Zoning PIN: 09-29-15-08622-000-0500 From: Institutional (I) Institutional (I) To: Residential Urban (RU) Low Medium Density Residential (LMDR) Atlas Page: 277B 3742274052651787714808622 2 3 1 2 2 18 17 16 15 6 5 4 3 2 1 3 2 42 41 40 39 38 37 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 9 10 11 12 13 14 15 16 17 18 19 20 21 1 2 3 4 6 5 1 2 3 4 1 41/07 41/08 323000 9 10 12 11 10 9 8 7 1 2 3 4 5 6 8 7 6 5 1 2 3 4 8 46 7 45 44 43 42 41 6 5 1 2 3 4 5 6 1 691 506 706 605 700642 606 408 675 711 609 658 504 508 706 709 710703 600 502 608708601 602 607803659 604705600606 515 804612711510 604 611 605 707 805705 607 609 607703 717 609 ½ 601 703 704 600 ½610612627 643 777BLANCHEBLITTLEJOHNTRLSEMINOLE ST N MYRTLE AVEELDRIDGE ST MAPLE STSPRUCE AVEALDEN AVE-Not to Scale--Not a Survey-Rev. 2/7/2022 EXISTING SURROUNDING USES MAP Owner(s): City of Clearwater Case: LUP2022-02002 REZ2022-02002 Site: 609 Blanche B Littlejohn Trail Property Size(Acres): .275 Land Use Zoning PIN: 09-29-15-08622-000-0500 From: Institutional (I) Institutional (I) To: Residential Urban (RU) Low Medium Density Residential (LMDR) Atlas Page: 277B Place of Worship Detached Dwellings Detached Dwellings Multi Family VacantDetached Dwelling Detached Dwelling Vacant Radio Office and Tower Parking Retail Clearwater Gas Department Commercial 3742274052651787714808622 2 3 1 2 2 18 17 16 15 6 5 4 3 2 1 3 2 42 41 40 39 38 37 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 9 10 11 12 13 14 15 16 17 18 19 20 21 1 2 3 4 6 5 1 2 3 4 1 41/07 41/08 323000 9 10 12 11 10 9 8 7 1 2 3 4 5 6 8 7 6 5 1 2 3 4 8 46 7 45 44 43 42 41 6 5 1 2 3 4 5 6 1 691 506 706 605 700642 606 408 675 711 609 658 504 508 706 709 710703 600 502 608708601 602 607803659 604705600606 515 804612711510 604 611 605 707 805705 607 609 607703 717 609 ½ 601 703 704 600 ½610612627 643 777CG RU RUCG RMI CG CBD CBD CBDCBDCBDCBDCBD CBD CG I RU RU RU I RU BLANCHEBLITTLEJOHNTRLSEMINOLE ST N MYRTLE AVEELDRIDGE ST MAPLE STSPRUCE AVEALDEN AVE-Not to Scale--Not a Survey-Rev. 2/7/2022 PROPOSED FUTURE LAND USES MAP Owner(s): City of Clearwater Case: LUP2022-02002 REZ2022-02002 Site: 609 Blanche B Littlejohn Trail Property Size(Acres): .275 Land Use Zoning PIN: 09-29-15-08622-000-0500 From: Institutional (I) Institutional (I) To: Residential Urban (RU) Low Medium Density Residential (LMDR) Atlas Page: 277B LUP/REZ2022-02002 City of Clearwater 609 Blanche B Littlejohn Trail View looking east at subject property on the Blanche B Littlejohn Trail North of the subject property South of the subject property Across the street, to the west of the subject property View looking southerly along Blanche B Littlejohn Trail View looking northerly along Blanche B Littlejohn Trail Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9557-22 2nd rdg Agenda Date: 5/16/2022 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.4 SUBJECT/RECOMMENDATION: Adopt Ordinance 9557-22 on second reading, amending the Zoning Atlas of the city by rezoning certain real property whose post office address is 609 Blanche B. Littlejohn Trail, Clearwater, Florida, 33755, from Institutional (I) to Low Medium Density Residential (LMDR). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/13/2022 Ordinance No. 9557-22 ORDINANCE NO. 9557-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF BLANCHE B LITTLEJOHN TRAIL APPROXIMATELY 115 FEET SOUTH OF ELDRIDGE STREET, WHOSE POST OFFICE ADDRESS IS 609 BLANCHE B LITTLEJOHN TRAIL, CLEARWATER, FLORIDA 33755, FROM INSTITUTIONAL (I) TO 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 the City of Clearwater, Florida, is hereby rezoned as indicated, 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 approval of the County land use designation set forth in Ordinance 9556-22 by the Pinellas County Board of County Commissioners. Property Zoning District See attached Exhibit “A” for legal description; From: Institutional (I) To: Low Medium Density Residential (LMDR) (REZ2022-02002) Ordinance No. 9557-22 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 LUP/REZ2022-02002 ========================================================================================= No. Parcel ID Lot No. Address 1. 09-29-15-08622-000-0500 Lots 50 & 51 609 Blanche B Littlejohn Trail The above in G.L. BIDWELLS OAKWOOD ADDITION TO CLEARWATER, as recorded in PLAT BOOK 1, PAGE 46, of the Public Records of Pinellas County, Florida. Exhibit “B” 3742274052651787714808622 2 3 1 2 2 18 17 16 15 6 5 4 3 2 1 3 2 42 41 40 39 38 37 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 9 10 11 12 13 14 15 16 17 18 19 20 21 1 2 3 4 6 5 1 2 3 4 1 41/07 41/08 323000 9 10 12 11 10 9 8 7 1 2 3 4 5 6 8 7 6 5 1 2 3 4 8 46 7 45 44 43 42 41 6 5 1 2 3 4 5 6 1 691 506 706 605 700642 606 408 675 711 609 658 504 508 706 709 710703 600 502 608708601 602 607803659 604705600606 515 804612711510 604 611 605 707 805705 607 609 607703 717 609 ½ 601 703 704 600 ½610612627 643 777BLANCHEBLITTLEJOHNTRLSEMINOLE ST N MYRTLE AVEELDRIDGE ST MAPLE STSPRUCE AVEALDEN AVED MDR I C I LMDR I MDR-Not to Scale--Not a Survey-Rev. 2/7/2022 PROPOSED ZONING MAP Owner(s): City of Clearwater Case: LUP2022-02002 REZ2022-02002 Site: 609 Blanche B Littlejohn Trail Property Size(Acres): .275 Land Use Zoning PIN: 09-29-15-08622-000-0500 From: Institutional (I) Institutional (I) To: Residential Urban (RU) Low Medium Density Residential (LMDR) Atlas Page: 277B PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: April 19, 2022 AGENDA ITEM: F.1. CASE: REZ2022-02002 REQUEST: To amend the Zoning Atlas designation from the Institutional (I) District to the Low Medium Density Residential (LMDR) District. GENERAL DATA: Owner ............................. Representative................. City of Clearwater Jon Jennings, City Manager Location ......................... 609 Blanche B. Littlejohn Trail, located on the east side of Blanche B. Littlejohn Trail approximately 115 feet south of Eldridge Street Property Size................... 0.275 acres Background: This case involves a 0.275-acre vacant property located on the east side of Blanche B. Littlejohn Trail approximately 115 feet south of Eldridge Street. The parcel, owned by the City of Clearwater, is currently vacant; however, the property was previously occupied by a single-family detached dwelling that was demolished in June of 2018. This application is being initiated by the City as a part of an agreement with Habitat for Humanity to sell several contiguous parcels including the subject property to develop workforce housing. Following the future land use amendment, the parcel’s designation will be consistent with the other three parcels being sold. Ownership of this parcel will be transferred to Habitat for Humanity upon the future land use amendment’s effective date. The request is to change the property’s Zoning Atlas designation from Institutional (I) District to Low Medium Density Residential (LMDR) District. A request to amend the future land use designation of the property from the Institutional (I) to the Residential Urban (RU) is being processed concurrently with this case (see LUP2022-02002). Detached dwellings are not a listed permitted use in the Institutional (I) District and would require submission of a Comprehensive Infill Redevelopment application. The proposed amendment would allow for the property to be developed with the intended detached dwellings, and future owners would have clarity of residential standards. Community Development Board – April 19, 2022 REZ2022-02002 - Page 2 of 8 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Vicinity Characteristics: Maps 1 and 2 show the general location of the property and an aerial view of the amendment area and its surroundings. Map 1 Map 2 Map 3 shows the existing surrounding uses. To the west across Blanche B. Littlejohn Trail are residential uses including detached and attached (multi-family) dwellings, to the north a detached dwelling is being constructed, and to the east is a place of worship. To the south there are three vacant parcels that are also being sold to Habitat for Humanity and will be developed with three single-family detached dwellings. Map 3 Community Development Board – April 19, 2022 REZ2022-02002 - Page 3 of 8 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION As shown on Map 4, the abutting Zoning Districts are Low Medium Density Residential (LMDR) to the north and south, and Institutional (I) to the east. Downtown (D) exists across Blanche B. Littlejohn Trail and farther south across Maple Street, and to the north, across Eldridge Street, is a mix of Commercial (C), Medium Density Residential (MDR), and Institutional (I). Map 4 REVIEW CRITERIA: Consistency with the Clearwater Comprehensive Plan and Community Development Code and Regulations [Sections 4-602.F.1] Recommended Findings of Fact: Applicable goal, objectives and policies of the Clearwater Comprehensive Plan which support the proposed amendment include: Goal A.2 A sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development. Goal A.4 The City shall work toward a land use pattern that can be supported by the available community and public facilities that would be required to serve the development. Policy A.5.5.1 Development shall be designed to maintain and support the existing or envisioned character of the neighborhood. Community Development Board – April 19, 2022 REZ2022-02002 - Page 4 of 8 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Objective C.1.1 Assure an adequate supply of housing in Clearwater by providing for additional new dwelling units in a variety of types, costs, and locations to meet the needs of the residents of the City of Clearwater. Policy C.1.2.6 The City shall identify vacant and underutilized city-owned property that may be deemed surplus property and make it available for the development of affordable housing. Policy C.1.4.4 Maintain residential zoning districts in a variety of densities and locations in order to accommodate more affordable small lots, small and medium size apartments, and mobile homes. Applicable section of the Community Development Code which supports the proposed amendment: Division 2, Low Medium Density Residential District, Section 2-201. Intent and Purpose. The intent and purpose of the Low Medium Density Residential District ("LMDR") is to protect and preserve the integrity and value of existing, stable residential neighborhoods of low to medium density while at the same time, allowing a careful and deliberate redevelopment and revitalization of such neighborhoods in need of revitalization or neighborhoods with unique amenities which create unique opportunities to increase property values and the overall attractiveness of the City. The proposed Low Medium Density Residential (LMDR) District is compatible with the surrounding single- and multi-family residential uses, as well as the place of worship located in the same block. The City has entered into an agreement to sell this vacant property to Habitat for Humanity to develop workforce housing on the property; however, no site plan application has been submitted at this time. The current Institutional (I) zoning district does not allow for residential uses by right, whereas after this amendment new detached dwellings (up to two units) may be constructed consistent with the Low Medium Density Residential (LMDR) District. Overall, the intensity of development allowed will be less than what is permitted by the current Institutional (I) future land use designation and will be equal or similar to the parcels to the north and south, as well as to the west (concurrent case LUP2022-02002). In addition, the proposal does not degrade the level of service for public facilities below the adopted standards (a detailed public facilities analysis follows in this report). Recommended Conclusions of Law: The request does not conflict with the goals, objectives, and policies of the Clearwater Comprehensive Plan and furthers said plan and the Community Development Code as indicated above. Compatibility with Surrounding Properties/Character of the City & Neighborhood [Section 4-602.F.2, 4-602.F.3 and Section 4-602.F.4] Recommended Findings of Fact: Existing surrounding uses primarily consist of single-family residential to the north and west and a place of worship to the east of the property. The parcels to the south are currently vacant but are zoned for residential use and are also in the process of being purchased by Habitat for Humanity to be developed as single-family detached dwellings. The proposed use of the subject property as residential is compatible with the surrounding properties and neighborhood. Community Development Board – April 19, 2022 REZ2022-02002 - Page 5 of 8 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Recommended Conclusions of Law: The proposed Low Medium Density Residential (LMDR) District would allow development that is in character with the Future Land Use Map designations in the area. Further, the proposal is compatible with surrounding uses and consistent with the character of the surrounding properties and neighborhood. Sufficiency of Public Facilities [Section 4-602.F.5] Recommended Findings of Fact: Even though this is a Zoning Atlas amendment application, maximum development potential is based on the underlying future land use, so to assess the sufficiency of public facilities needed to support potential development on the proposed property, the maximum development potential under the current Future Land Use Map designation was analyzed. As shown in Table 1, due to the differences in permitted uses of the current and proposed zoning districts, the development potential of non-residential uses (based on FAR) would be reduced from a maximum potential of 7,786 square feet to zero square feet, and residential uses would increase from zero dwelling units to up to two dwelling units if the property were able to develop at the maximum permitted density (7.5 units per acre). Table 1. Development Potential for Existing FLUM Designation Present FLUM Designation “I” Requested FLUM Designation “RU” Net Change Site Area 0.275 AC (11,979 SF) 0.275 AC (11,979 SF) Maximum Development Potential 0 DUs / 9 Beds1 7,786 SF 0.65 FAR 2 DUs / 0 Beds2 0 SF3 0.40 FAR +2 DUs / -9 Beds -7,786 SF -0.25 FAR Notes: 1. Residential uses are not permitted through the consistent Institutional (I) District; however, residential equivalent uses are permitted (3 beds per unit per acre). 2. Residential equivalent uses are not permitted through the consistent Low Medium Density Residential (LMDR) District. 3.FAR is not used to regulate residential uses and there are no non-residential uses permitted through the requested Low Density Residential (LMDR) District zoning; therefore, the square footage development potential is zero. Abbreviations: FLUM – Future Land Use Map DUs – Dwelling Units AC – Acres FAR – Floor Area Ratio SF – Square feet Potable Water The change in development potential from this amendment would result in a decrease in potable water use of up to 301.9 gallons per day. This decrease is determined by taking the potential potable water utilization of the proposed land use developed with the maximum number of dwelling units allowed (479.1 gallons per day) and subtracting it from the potential usage of an institutional use built out at the maximum square footage permitted by the current land use designation (781 gallons per day). Community Development Board – April 19, 2022 REZ2022-02002 - Page 6 of 8 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION The City’s current potable water demand is 10.64 million gallons per day (MGD). The City’s adopted level of service (LOS) standard for potable water service is 120 gallons per day per capita, while the actual usage is estimated at 72 gallons per day per capita (2020 Annual Water Report). The City’s 10-year Water Supply Facilities Work Plan (2016-2026 Planning Period), completed October 2017, indicates that based on the updated water demand projections and other factors, the City has adequate water supply and potable water capacity for the 10-year planning horizon. Wastewater The change in development potential from this amendment would result in a decrease in wastewater use of up to 320 gallons per day. This decrease is determined by taking the potential potable water utilization of the proposed land use developed with the maximum number of dwelling units allowed (383 gallons per day) and subtracting it from the potential usage of an institutional use built out at the maximum square footage permitted by the current land use designation (703 gallons per day). The subject property is served by the Marshall Street Water Reclamation Facility, which presently has excess permitted capacity estimated to be 4.82 million gallons per day. Therefore, there is excess sanitary sewer capacity to serve the amendment area. Solid Waste The change in development potential from this amendment would increase up to 5.3 tons per year of solid waste generated. This increase is determined by taking the utilization of the proposed land use developed with the maximum number of dwelling units (12.9 tons per year) and subtracting it from the potential utilization of an institutional use built out at the maximum square footage permitted by the current land use designation (7.6 tons per year). Pinellas County handles all solid waste disposal is handled at the Pinellas County Waste-to-Energy Plant and the Bridgeway Acres Sanitary Landfill which has significant capacity. Additionally, the City provides a full- service citywide recycling program which diverts waste from the landfill, helping to extend the lifespan of Bridgeway Acres. There is excess solid waste capacity to serve the amendment area. Parkland Under both the existing and proposed future land use, the LOS citywide will continue to exceed the adopted LOS of 4 acres per 1,000 residents. The City is currently providing 7.89 acres of parkland per 1,000 residents. With the proposed future land use amendment, two additional units could be developed resulting in approximately five additional residents. This is calculated using the most recent ACS estimate of 2.4 persons per household within the City of Clearwater. Based on this impact analysis, the current provision of 7.89 acres of parkland per 1,000 would remain unchanged [Source: Draft Parks and Recreation Facilities Impact Fee Study, prepared by Tindale Oliver Draft Date March 18, 2020]. Amending a property’s future land use or zoning designation does not have an immediate impact on the City’s Parks and Recreation system and parkland requirements. Impacts are felt when development occurs. This future land use map amendment will have no additional impact on parkland. However, Parks and Recreation Impact Fees required to provide new recreation facilities and services will be assessed at the time of development and will be based on the maximum increase in residents. Community Development Board – April 19, 2022 REZ2022-02002 - Page 7 of 8 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Stormwater Site plan approval will be required before the property can be redeveloped. At that time, the stormwater management system for the site will be required to meet all City and SWFWMD stormwater management criteria. Streets The subject property is located on the east side of Blanche B. Littlejohn Trail approximately 115 feet south of Eldridge Street. To evaluate potential impacts on streets, the typical traffic impacts figure (trips per day per acre) in the Countywide Rules for the corresponding Countywide Plan Map categories (current and proposed) are compared. The current number of trips per day (52 trips) is calculated based on the per acre impact for the Institutional (I) category of 192 trips/day/acre. The proposed Countywide Plan Map category of Residential Low Medium (RLM) category has an impact of 67 trips/day/acre (24 trips); therefore, the proposed amendment could result in a reduction of 28 trips per day per acre. Recommended Conclusions of Law: Based upon the findings of fact, the proposed change would decrease the demand on several public facilities including potable water, sanitary sewer, parkland, stormwater management, and streets; but would potentially see an increase in solid waste. However, this will not result in the degradation of the current levels of service for solid waste. Location of District Boundaries [Section 4-602.F.6] Recommended Findings of Fact: The location of the proposed Low Medium Density Residential (LMDR) District is logical and consistent with the boundaries of the subject property. Recommended Conclusions of Law: The District boundaries are appropriately drawn in regard to location and classifications of streets, ownership lines, existing improvements and the natural environment. Community Development Board – April 19, 2022 REZ2022-02002 - Page 8 of 8 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION SUMMARY AND RECOMMENDATION: No amendment to the Zoning Atlas shall be recommended for approval or receive a final action of approval unless it complies with the standards contained in Section 4-602.F, Community Development Code. Table 2 below depicts the consistency of the proposed amendment with the standards under Section 4-602.F: Table 2. Consistency with Community Development Code Standards for Review CDC Section 4-602 Standard Consistent Inconsistent F.1 The proposed amendment is consistent with and features the goals, policies and objectives of the Comprehensive Plan and furthers the purposes of this Development Code and other city ordinances and actions designed to implement the plan. X F.2 The available uses to which the property may be put are appropriate to the property which is subject to the proposed amendment and compatible with existing and planned uses in the area. X F.3 The amendment does not conflict with the needs and character of the neighborhood and the city. X F.4 The amendment will not adversely or unreasonably affect the use of other property in the area. X F.5 The amendment will not adversely burden public facilities, including the traffic-carrying capacities of streets, in a unreasonably or disproportionate manner. X F.6 The district boundaries are appropriately drawn with due regard to locations and classifications of streets, ownership lanes, existing improvements and the natural environment. X Based on the foregoing, the Planning and Development Department recommends the following action: Recommend APPROVAL of the Zoning Atlas Amendment from the Institutional (I) District to the Low Medium Density Residential (LMDR) District. Prepared by Planning and Development Department Staff: ________ Dylan Prins Planner ATTACHMENTS: Ordinance No. 9557-22 Resume Photographs of Site and Vicinity PLAZA ST HART ST JONES STNGARDENAVE VINE AVENFORTHARRISONAVESEMINOLE ST ELDRIDGE ST N MYRTLE AVEPENNSYLVANIA AVEPALMETTO ST GEORGIA ST BLANCHEBLITTLEJOHNTRLNICHOLSON ST MAPLE STNOSCEOLAAVECEDAR ST ALDEN AVESPRUCE AVEMETTO ST PROJECT SITE -Not to Scale--Not a Survey-Rev. 2/7/2022 LOCATION MAP Owner(s): City of Clearwater Case: LUP2022-02002 REZ2022-02002 Site: 609 Blanche B Littlejohn Trail Property Size(Acres): .275 Land Use Zoning PIN: 09-29-15-08622-000-0500 From: Institutional (I) Institutional (I) To: Residential Urban (RU) Low Medium Density Residential (LMDR) Atlas Page: 277B BBLLAANNCCHHEEBBLLIITTTTLLEEJJOOHHNNTTRRLLSEMINOLE STSEMINOLE ST N MYRTLE AVEN MYRTLE AVEELDRIDGE STELDRIDGE ST MAPLE STMAPLE STSPRUCE AVESPRUCE AVEALDEN AVEALDEN AVE-Not to Scale--Not a Survey-Rev. 2/7/2022 AERIAL PHOTOGRAPH Owner(s): City of Clearwater Case: LUP2022-02002 REZ2022-02002 Site: 609 Blanche B Littlejohn Trail Property Size(Acres): .275 Land Use Zoning PIN: 09-29-15-08622-000-0500 From: Institutional (I) Institutional (I) To: Residential Urban (RU) Low Medium Density Residential (LMDR) Atlas Page: 277B 3742274052651787714808622 2 3 1 2 2 18 17 16 15 6 5 4 3 2 1 3 2 42 41 40 39 38 37 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 9 10 11 12 13 14 15 16 17 18 19 20 21 1 2 3 4 6 5 1 2 3 4 1 41/07 41/08 323000 9 10 12 11 10 9 8 7 1 2 3 4 5 6 8 7 6 5 1 2 3 4 8 46 7 45 44 43 42 41 6 5 1 2 3 4 5 6 1 691 506 706 605 700642 606 408 675 711 609 658 504 508 706 709 710703 600 502 608708601 602 607803659 604705600606 515 804612711510 604 611 605 707 805705 607 609 607703 717 609 ½ 601 703 704 600 ½610612627 643 777BLANCHEBLITTLEJOHNTRLSEMINOLE ST N MYRTLE AVEELDRIDGE ST MAPLE STSPRUCE AVEALDEN AVE-Not to Scale--Not a Survey-Rev. 2/7/2022 EXISTING SURROUNDING USES MAP Owner(s): City of Clearwater Case: LUP2022-02002 REZ2022-02002 Site: 609 Blanche B Littlejohn Trail Property Size(Acres): .275 Land Use Zoning PIN: 09-29-15-08622-000-0500 From: Institutional (I) Institutional (I) To: Residential Urban (RU) Low Medium Density Residential (LMDR) Atlas Page: 277B Place of Worship Detached Dwellings Detached Dwellings Multi Family VacantDetached Dwelling Detached Dwelling Vacant Radio Office and Tower Parking Retail Clearwater Gas Department Commercial 3742274052651787714808622 2 3 1 2 2 18 17 16 15 6 5 4 3 2 1 3 2 42 41 40 39 38 37 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 9 10 11 12 13 14 15 16 17 18 19 20 21 1 2 3 4 6 5 1 2 3 4 1 41/07 41/08 323000 9 10 12 11 10 9 8 7 1 2 3 4 5 6 8 7 6 5 1 2 3 4 8 46 7 45 44 43 42 41 6 5 1 2 3 4 5 6 1 691 506 706 605 700642 606 408 675 711 609 658 504 508 706 709 710703 600 502 608708601 602 607803659 604705600606 515 804612711510 604 611 605 707 805705 607 609 607703 717 609 ½ 601 703 704 600 ½610612627 643 777BLANCHEBLITTLEJOHNTRLSEMINOLE ST N MYRTLE AVEELDRIDGE ST MAPLE STSPRUCE AVEALDEN AVED MDR I C I LMDR I MDR-Not to Scale--Not a Survey-Rev. 2/7/2022 PROPOSED ZONING MAP Owner(s): City of Clearwater Case: LUP2022-02002 REZ2022-02002 Site: 609 Blanche B Littlejohn Trail Property Size(Acres): .275 Land Use Zoning PIN: 09-29-15-08622-000-0500 From: Institutional (I) Institutional (I) To: Residential Urban (RU) Low Medium Density Residential (LMDR) Atlas Page: 277B LUP/REZ2022-02002 City of Clearwater 609 Blanche B Littlejohn Trail View looking east at subject property on the Blanche B Littlejohn Trail North of the subject property South of the subject property Across the street, to the west of the subject property View looking southerly along Blanche B Littlejohn Trail View looking northerly along Blanche B Littlejohn Trail Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9561-22d 2nd rdg Agenda Date: 5/16/2022 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.5 SUBJECT/RECOMMENDATION: Adopt Ordinance 9561-22 on second reading, annexing certain unaddressed real properties located on the east side of US Highway 19 North approximately 1,170 feet south of Sunset Point Road, all in Clearwater, Florida 33759 into the corporate boundaries of the city and redefining the boundary lines of the city to include said additions. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/13/2022 Ordinance No. 9561-22 ORDINANCE NO. 9561-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN UNADDRESSED REAL PROPERTIES LOCATED ON THE EAST SIDE OF US HIGHWAY 19 NORTH APPROXIMATELY 1,170 FEET SOUTH OF SUNSET POINT ROAD, ALL IN CLEARWATER, FLORIDA 33759 INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owners of the real properties described herein and depicted on the map attached hereto as Exhibit “B” have petitioned the City of Clearwater to annex the properties 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 properties are hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached Exhibit “A” for legal descriptions; (ANX2021-12020) 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. 9561-22 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 ANX2021-12020 ========================================================================================= No. Parcel ID Lot No., Block No. Address 1. 05-29-16-00000-320-0200 0 U.S. Highway 19 N. Begin at the Northwest corner of the SW 1/4 of Section 5, Township 29 South, Range 16 East and run thence S 1° 08' 45" W. along the Section line 228.08 feet; thence S 88° 34' 39" E., 100. 0 feet; thence S 1° 08' 45" W., 33.0 feet; thence S 88° 34' 39" E., 16.0 feet for P.O.B.; thence S 88° 34' 39" E., along the Southerly boundary of County Road #50, 300.0 feet to the NW corner of Carlton Terrace as recorded in Plat Book 41, Page 16 of the public records of Pinellas County, Florida; thence S 1° 08' 45" W., along the Westerly boundary of said Carlton Terrace 1063.82 feet to the Southwest corner of said Carlton Terrace; thence N 89° 40' 43" W., along the 40-acre line 300.0 feet; thence N 1° 08' 45" E., along the Easterly boundary of U.S. Highway #19, 1009.59 feet; thence N 16° 05' 38" E., 62.01 feet to the P.O.B.; Less the South 419.0 feet thereof and LESS the following described tract: Begin at the Northwest corner of the SW 1/4 of Section 5, Township 29 South, Range 16 East, and run thence S. 1° 08' 45" W. along the section line 228.08 ft.; thence S. 88° 34' 39" E, 100.0 feet; thence S. 1° 08' 45" W., 33.0 feet; thence S. 88° 34' 39" E., 16.0 feet for P.O.B.; thence S. 88° 34' 39" E., 254.0 feet; thence S. 1° 08' 45" W., 170.0 feet; thence N. 88° 34' 39" W., 270.0 feet; thence N. 1° 08' 45" E., 110.0 feet; thence N. 16° 05' 38" E., 62.01 feet to P.O.B. No. Parcel ID Lot No., Block No. Address 2. 05-29-16-00000-320-0300 0 U.S. Highway 19 N. The South Four Hundred Nineteen feet (S. 419’) of the West Four Hundred feet (W. 400’) of the Northwest One-quarter (N.W. ¼) of the Southwest One-Quarter (S.W. ¼) of Section 5, Township 29 South, Range 16 East, LESS the West One Hundred feet (W. 100’) for road right-of-way, situated on U.S. Highway 19 North. Exhibit “B” PROPOSED ANNEXATION Owner(s): Gilbert G. Jannelli Case: ANX2021-12020 Site: Unaddressed (0) US Highway 19 N Property Size(Acres): ROW (Acres): 6.16 Land Use Zoning PIN: 05-29-16-00000-320-0200 05-29-16-00000-320-0300 From : CP Commercial Parkway Atlas Page: 264A To: Residential/Office/ Retail (R/O/R) US 19-Neighborhood Center (US 19-NC) US 19 W US-19 FRONTAGE RDEUS-19FRONTAGERDSOUTH DR MORNINGSIDE DR WOODRING DR CARLTON DRUS Hwy 19 N23582 1800 2640 236## 1824 1813 1830 1866 1778263123894 235##26431807 2618 186523837 263423509 1804 1806 1837 1831 23902 1801 26411825 1860 262523499 2622642239## 1824 2636 1836 1774 23886 23894 1830 26351812 1848 23610 1819 1842 1818 1854 1836 2612 23660181223656263426451818 1806 1800 2648237## 238##26372365423894 -Not to Scale--Not a Survey-Rev. 1/21/2022 LOCATION MAP Owner(s): Gilbert G. Jannelli Case: ANX2021-12020 Site: Unaddressed (0) US Highway 19 N Property Size(Acres): ROW (Acres): 6.16 Land Use Zoning PIN: 05-29-16-00000-320-0200 05-29-16-00000-320-0300 From : CP Commercial Parkway Atlas Page: 264A To: Residential/Office/ Retail (R/O/R) US 19-Neighborhood Center (US 19-NC) US 19 AUDREY DRWOODRING DR STA G R U N B L V D SUNSET POINT RD MORNINGSIDE DRW US-19 FRONTAGE RDUS Hwy 19 NE US-19 FRONTAGE RDN TERRACE DR COACH MANPLAZADRCARLTON DRSOUTH DRLAWSON RDHARBOR CIR OWEN DRCARDINAL DR^PROJECT SITE -Not to Scale--Not a Survey-Rev. 1/24/2022 ^ PROJECT SITE AERIAL PHOTOGRAPH Owner(s): Gilbert G. Jannelli Case: ANX2021-12020 Site: Unaddressed (0) US Highway 19 N Property Size(Acres): ROW (Acres): 6.16 Land Use Zoning PIN: 05-29-16-00000-320-0200 05-29-16-00000-320-0300 From : CP Commercial Parkway Atlas Page: 264A To: Residential/Office/ Retail (R/O/R) US 19-Neighborhood Center (US 19-NC) US 19 1865 2641W US-19 FRONTAGE RDW US-19 FRONTAGE RDEEUUSS--1199FFRROONNTTAAGGEERRDDSOUTH DRSOUTH DR MMOORRNNIINNGGSSIIDDEE DDRR WOODRING DRWOODRING DR CARLTON DRCARLTON DRUS Hwy 19 NUS Hwy 19 N-Not to Scale--Not a Survey-Rev. 1/21/2022 EXISTING SURROUNDING USES MAP Owner(s): Gilbert G. Jannelli Case: ANX2021-12020 Site: Unaddressed (0) US Highway 19 N Property Size(Acres): ROW (Acres): 6.16 Land Use Zoning PIN: 05-29-16-00000-320-0200 05-29-16-00000-320-0300 From : CP Commercial Parkway Atlas Page: 264A To: Residential/Office/ Retail (R/O/R) US 19-Neighborhood Center (US 19-NC) US 19 W US-19 FRONTAGE RDEUS-19FRONTAGERDSOUTH DR MORNINGSIDE DR WOODRING DR CARLTON DRUS Hwy 19 N23582 1800 2640 236## 1824 1813 1830 1866 1778263123894 235##26431807 2618 186523837 263423509 1804 1806 1837 1831 23902 1801 26411825 1860 262523499 2622642239## 1824 2636 1836 1774 23886 23894 1830 26351812 1848 23610 1819 1842 1818 1854 1836 2612 23660181223656263426451818 1806 1800 2648237## 238##26372365423894 -Not to Scale--Not a Survey-Rev. 1/21/2022 Retail Plaza Automobile Sales Vacant Stormwater Ponds Detached Dwellings ANX2021-12020 Gilbert G. Jannelli Unaddressed US Highway 19 North View looking east at the northern unaddressed property South of the northern subject property North of the northern subject property Across the street, to the west of the northern subject property View looking northerly along US Highway 19 North View looking southerly along US Highway 19 North ANX2021-12020 Gilbert G. Jannelli Unaddressed US Highway 19 North View looking east at the southern unaddressed property South of the northern subject property North of the southern subject property Across the street, to the west of the northern subject property View looking northerly along US Highway 19 North View looking southerly along US Highway 19 North Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9562-22d 2nd rdg Agenda Date: 5/16/2022 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.6 SUBJECT/RECOMMENDATION: Adopt Ordinance 9562-22 on second reading, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain unaddressed real properties located on the east side of US Highway 19 North approximately 1,170 feet south of Sunset Point Road, all in Clearwater, Florida 33759, upon annexation into the City of Clearwater as US 19-Neighborhood Center (US19-NC). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/13/2022 Ordinance No. 9562-22 ORDINANCE NO. 9562-22 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 PROPERTIES LOCATED ON THE EAST SIDE OF US HIGHWAY 19 NORTH APPROXIMATELY 1,170 FEET SOUTH OF SUNSET POINT ROAD, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS US 19-NEIGHBORHOOD CENTER (US 19-NC); 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 properties, upon annexation into the City of Clearwater, as follows: Property Land Use Category See attached Exhibit “A” for legal descriptions; US 19 Neighborhood Center (US 19- NC) (ANX2021-12020) 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 subject to the City’s adoption of Ordinance 9561-22 and contingent upon approval of the Countywide Plan land use designation by the Pinellas County Board of Commissioners, where applicable, thirty-one (31) days post-adoption, pursuant to Section 163.3187, Florida Statutes. If this ordinance is appealed within thirty (30) days after adoption, then this ordinance will take effect only after approval of the Countywide Plan land use designation by the Pinellas County Board of Commissioners and upon issuance of a final order determining this amendment to be in compliance either by the Department of Economic Opportunity (DEO) or the Administration Commission, where applicable, pursuant to section 163.3187, Florida Statutes. The Community Development Coordinator is authorized to transmit to Forward Pinellas, in its role as the Pinellas Planning Council, an application to amend the Ordinance No. 9562-22 Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City’s Comprehensive Plan as amended by this ordinance. 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 ANX2021-12020 ========================================================================================= No. Parcel ID Lot No., Block No. Address 1. 05-29-16-00000-320-0200 0 U.S. Highway 19 N. Begin at the Northwest corner of the SW 1/4 of Section 5, Township 29 South, Range 16 East and run thence S 1° 08' 45" W. along the Section line 228.08 feet; thence S 88° 34' 39" E., 100. 0 feet; thence S 1° 08' 45" W., 33.0 feet; thence S 88° 34' 39" E., 16.0 feet for P.O.B.; thence S 88° 34' 39" E., along the Southerly boundary of County Road #50, 300.0 feet to the NW corner of Carlton Terrace as recorded in Plat Book 41, Page 16 of the public records of Pinellas County, Florida; thence S 1° 08' 45" W., along the Westerly boundary of said Carlton Terrace 1063.82 feet to the Southwest corner of said Carlton Terrace; thence N 89° 40' 43" W., along the 40-acre line 300.0 feet; thence N 1° 08' 45" E., along the Easterly boundary of U.S. Highway #19, 1009.59 feet; thence N 16° 05' 38" E., 62.01 feet to the P.O.B.; Less the South 419.0 feet thereof and LESS the following described tract: Begin at the Northwest corner of the SW 1/4 of Section 5, Township 29 South, Range 16 East, and run thence S. 1° 08' 45" W. along the section line 228.08 ft.; thence S. 88° 34' 39" E, 100.0 feet; thence S. 1° 08' 45" W., 33.0 feet; thence S. 88° 34' 39" E., 16.0 feet for P.O.B.; thence S. 88° 34' 39" E., 254.0 feet; thence S. 1° 08' 45" W., 170.0 feet; thence N. 88° 34' 39" W., 270.0 feet; thence N. 1° 08' 45" E., 110.0 feet; thence N. 16° 05' 38" E., 62.01 feet to P.O.B. No. Parcel ID Lot No., Block No. Address 2. 05-29-16-00000-320-0300 0 U.S. Highway 19 N. The South Four Hundred Nineteen feet (S. 419’) of the West Four Hundred feet (W. 400’) of the Northwest One-quarter (N.W. ¼) of the Southwest One-Quarter (S.W. ¼) of Section 5, Township 29 South, Range 16 East, LESS the West One Hundred feet (W. 100’) for road right-of-way, situated on U.S. Highway 19 North. Exhibit “B” PROPOSED FUTURE LAND USE MAP Owner(s): Gilbert G. Jannelli Case: ANX2021-12020 Site: Unaddressed (0) US Highway 19 N Property Size(Acres): ROW (Acres): 6.16 Land Use Zoning PIN: 05-29-16-00000-320-0200 05-29-16-00000-320-0300 From : Resiential/Office/ Retail (R/O/R) CP Commercial Parkway Atlas Page: 264A To: US 19-Neighborhood Center (US 19-NC) US 19 W US-19 FRONTAGE RDEUS-19FRONTAGERDSOUTH DR MORNINGSIDE DR WOODRING DR CARLTON DRUS Hwy 19 N23582 1800 2640 236## 1824 1813 1830 1866 1778263123894 235##26431807 2618 186523837 263423509 1804 1806 1837 1831 23902 1801 26411825 1860 262523499 26226421824 2636 1836 1774 23886 1830 26351812 1848 23610 1819 1842 1818 1854 1836 2612 23660181223656263426451818 1806 1800 2648237## 238##263723654US 19-NC RLRU RL RL US 19-NC R/O/R RL US 19-NC RU US 19-NC WATER US 19-NC -Not to Scale--Not a Survey-Rev. 1/25/2022 LOCATION MAP Owner(s): Gilbert G. Jannelli Case: ANX2021-12020 Site: Unaddressed (0) US Highway 19 N Property Size(Acres): ROW (Acres): 6.16 Land Use Zoning PIN: 05-29-16-00000-320-0200 05-29-16-00000-320-0300 From : CP Commercial Parkway Atlas Page: 264A To: Residential/Office/ Retail (R/O/R) US 19-Neighborhood Center (US 19-NC) US 19 AUDREY DRWOODRING DR STA G R U N B L V D SUNSET POINT RD MORNINGSIDE DRW US-19 FRONTAGE RDUS Hwy 19 NE US-19 FRONTAGE RDN TERRACE DR COACH MANPLAZADRCARLTON DRSOUTH DRLAWSON RDHARBOR CIR OWEN DRCARDINAL DR^PROJECT SITE -Not to Scale--Not a Survey-Rev. 1/24/2022 ^ PROJECT SITE AERIAL PHOTOGRAPH Owner(s): Gilbert G. Jannelli Case: ANX2021-12020 Site: Unaddressed (0) US Highway 19 N Property Size(Acres): ROW (Acres): 6.16 Land Use Zoning PIN: 05-29-16-00000-320-0200 05-29-16-00000-320-0300 From : CP Commercial Parkway Atlas Page: 264A To: Residential/Office/ Retail (R/O/R) US 19-Neighborhood Center (US 19-NC) US 19 1865 2641W US-19 FRONTAGE RDW US-19 FRONTAGE RDEEUUSS--1199FFRROONNTTAAGGEERRDDSOUTH DRSOUTH DR MMOORRNNIINNGGSSIIDDEE DDRR WOODRING DRWOODRING DR CARLTON DRCARLTON DRUS Hwy 19 NUS Hwy 19 N-Not to Scale--Not a Survey-Rev. 1/21/2022 EXISTING SURROUNDING USES MAP Owner(s): Gilbert G. Jannelli Case: ANX2021-12020 Site: Unaddressed (0) US Highway 19 N Property Size(Acres): ROW (Acres): 6.16 Land Use Zoning PIN: 05-29-16-00000-320-0200 05-29-16-00000-320-0300 From : CP Commercial Parkway Atlas Page: 264A To: Residential/Office/ Retail (R/O/R) US 19-Neighborhood Center (US 19-NC) US 19 W US-19 FRONTAGE RDEUS-19FRONTAGERDSOUTH DR MORNINGSIDE DR WOODRING DR CARLTON DRUS Hwy 19 N23582 1800 2640 236## 1824 1813 1830 1866 1778263123894 235##26431807 2618 186523837 263423509 1804 1806 1837 1831 23902 1801 26411825 1860 262523499 2622642239## 1824 2636 1836 1774 23886 23894 1830 26351812 1848 23610 1819 1842 1818 1854 1836 2612 23660181223656263426451818 1806 1800 2648237## 238##26372365423894 -Not to Scale--Not a Survey-Rev. 1/21/2022 Retail Plaza Automobile Sales Vacant Stormwater Ponds Detached Dwellings ANX2021-12020 Gilbert G. Jannelli Unaddressed US Highway 19 North View looking east at the northern unaddressed property South of the northern subject property North of the northern subject property Across the street, to the west of the northern subject property View looking northerly along US Highway 19 North View looking southerly along US Highway 19 North ANX2021-12020 Gilbert G. Jannelli Unaddressed US Highway 19 North View looking east at the southern unaddressed property South of the northern subject property North of the southern subject property Across the street, to the west of the northern subject property View looking northerly along US Highway 19 North View looking southerly along US Highway 19 North Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9563-22d 2nd rdg Agenda Date: 5/16/2022 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.7 SUBJECT/RECOMMENDATION: Adopt Ordinance 9563-22 on second reading, amending the Zoning Atlas of the city by zoning certain unaddressed real properties located on the east side of US Highway 19 North approximately 1,170 feet south of Sunset Point Road, all in Clearwater, Florida 33759, upon annexation into the City of Clearwater, as US 19. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/13/2022 Ordinance No. 9563-22 ORDINANCE NO. 9563-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN UNADDRESSED REAL PROPERTIES LOCATED ON THE EAST SIDE OF US HIGHWAY 19 NORTH APPROXIMATELY 1,170 FEET SOUTH OF SUNSET POINT ROAD, ALL IN CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS US 19; 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 properties located in Pinellas County, Florida, are 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 9561-22, and subject to the approval of the land use designation set forth in Ordinance 9562-22 and the Countywide Plan land use designation approved by the Pinellas County Board of County Commissioners. Property Zoning District See attached Exhibit “A” for legal descriptions; US 19 (ANX2021-12020) Ordinance No. 9563-22 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 ANX2021-12020 ========================================================================================= No. Parcel ID Lot No., Block No. Address 1. 05-29-16-00000-320-0200 0 U.S. Highway 19 N. Begin at the Northwest corner of the SW 1/4 of Section 5, Township 29 South, Range 16 East and run thence S 1° 08' 45" W. along the Section line 228.08 feet; thence S 88° 34' 39" E., 100. 0 feet; thence S 1° 08' 45" W., 33.0 feet; thence S 88° 34' 39" E., 16.0 feet for P.O.B.; thence S 88° 34' 39" E., along the Southerly boundary of County Road #50, 300.0 feet to the NW corner of Carlton Terrace as recorded in Plat Book 41, Page 16 of the public records of Pinellas County, Florida; thence S 1° 08' 45" W., along the Westerly boundary of said Carlton Terrace 1063.82 feet to the Southwest corner of said Carlton Terrace; thence N 89° 40' 43" W., along the 40-acre line 300.0 feet; thence N 1° 08' 45" E., along the Easterly boundary of U.S. Highway #19, 1009.59 feet; thence N 16° 05' 38" E., 62.01 feet to the P.O.B.; Less the South 419.0 feet thereof and LESS the following described tract: Begin at the Northwest corner of the SW 1/4 of Section 5, Township 29 South, Range 16 East, and run thence S. 1° 08' 45" W. along the section line 228.08 ft.; thence S. 88° 34' 39" E, 100.0 feet; thence S. 1° 08' 45" W., 33.0 feet; thence S. 88° 34' 39" E., 16.0 feet for P.O.B.; thence S. 88° 34' 39" E., 254.0 feet; thence S. 1° 08' 45" W., 170.0 feet; thence N. 88° 34' 39" W., 270.0 feet; thence N. 1° 08' 45" E., 110.0 feet; thence N. 16° 05' 38" E., 62.01 feet to P.O.B. No. Parcel ID Lot No., Block No. Address 2. 05-29-16-00000-320-0300 0 U.S. Highway 19 N. The South Four Hundred Nineteen feet (S. 419’) of the West Four Hundred feet (W. 400’) of the Northwest One-quarter (N.W. ¼) of the Southwest One-Quarter (S.W. ¼) of Section 5, Township 29 South, Range 16 East, LESS the West One Hundred feet (W. 100’) for road right-of-way, situated on U.S. Highway 19 North. Exhibit “B” PROPOSED ZONING MAP Owner(s): Gilbert G. Jannelli Case: ANX2021-12020 Site: Unaddressed (0) US Highway 19 N Property Size(Acres): ROW (Acres): 6.16 Land Use Zoning PIN: 05-29-16-00000-320-0200 05-29-16-00000-320-0300 From : Resiential/Office/ Retail (R/O/R) CP Commercial Parkway Atlas Page: 264A To: US 19-Neighborhood Center (US 19-NC) US 19 US 19 W US-19 FRONTAGE RDEUS-19FRONTAGERDSOUTH DR MORNINGSIDE DR WOODRING DR CARLTON DRUS Hwy 19 N23582 1800 2640 236## 1824 1813 1830 1866 1778263123894 235##26431807 2618 186523837 263423509 1804 1806 1837 1831 23902 1801 26411825 1860 262523499 26226421824 2636 1836 1774 23886 1830 26351812 1848 23610 1819 1842 1818 1854 1836 2612 23660181223656263426451818 1806 1800 2648237## 238##263723654US 19 LMDR LMDR LMDR LMDR LMDR LMDR P LMDR-Not to Scale--Not a Survey-Rev. 1/25/2022 LOCATION MAP Owner(s): Gilbert G. Jannelli Case: ANX2021-12020 Site: Unaddressed (0) US Highway 19 N Property Size(Acres): ROW (Acres): 6.16 Land Use Zoning PIN: 05-29-16-00000-320-0200 05-29-16-00000-320-0300 From : CP Commercial Parkway Atlas Page: 264A To: Residential/Office/ Retail (R/O/R) US 19-Neighborhood Center (US 19-NC) US 19 AUDREY DRWOODRING DR STA G R U N B L V D SUNSET POINT RD MORNINGSIDE DRW US-19 FRONTAGE RDUS Hwy 19 NE US-19 FRONTAGE RDN TERRACE DR COACH MANPLAZADRCARLTON DRSOUTH DRLAWSON RDHARBOR CIR OWEN DRCARDINAL DR^PROJECT SITE -Not to Scale--Not a Survey-Rev. 1/24/2022 ^ PROJECT SITE AERIAL PHOTOGRAPH Owner(s): Gilbert G. Jannelli Case: ANX2021-12020 Site: Unaddressed (0) US Highway 19 N Property Size(Acres): ROW (Acres): 6.16 Land Use Zoning PIN: 05-29-16-00000-320-0200 05-29-16-00000-320-0300 From : CP Commercial Parkway Atlas Page: 264A To: Residential/Office/ Retail (R/O/R) US 19-Neighborhood Center (US 19-NC) US 19 1865 2641W US-19 FRONTAGE RDW US-19 FRONTAGE RDEEUUSS--1199FFRROONNTTAAGGEERRDDSOUTH DRSOUTH DR MMOORRNNIINNGGSSIIDDEE DDRR WOODRING DRWOODRING DR CARLTON DRCARLTON DRUS Hwy 19 NUS Hwy 19 N-Not to Scale--Not a Survey-Rev. 1/21/2022 EXISTING SURROUNDING USES MAP Owner(s): Gilbert G. Jannelli Case: ANX2021-12020 Site: Unaddressed (0) US Highway 19 N Property Size(Acres): ROW (Acres): 6.16 Land Use Zoning PIN: 05-29-16-00000-320-0200 05-29-16-00000-320-0300 From : CP Commercial Parkway Atlas Page: 264A To: Residential/Office/ Retail (R/O/R) US 19-Neighborhood Center (US 19-NC) US 19 W US-19 FRONTAGE RDEUS-19FRONTAGERDSOUTH DR MORNINGSIDE DR WOODRING DR CARLTON DRUS Hwy 19 N23582 1800 2640 236## 1824 1813 1830 1866 1778263123894 235##26431807 2618 186523837 263423509 1804 1806 1837 1831 23902 1801 26411825 1860 262523499 2622642239## 1824 2636 1836 1774 23886 23894 1830 26351812 1848 23610 1819 1842 1818 1854 1836 2612 23660181223656263426451818 1806 1800 2648237## 238##26372365423894 -Not to Scale--Not a Survey-Rev. 1/21/2022 Retail Plaza Automobile Sales Vacant Stormwater Ponds Detached Dwellings ANX2021-12020 Gilbert G. Jannelli Unaddressed US Highway 19 North View looking east at the northern unaddressed property South of the northern subject property North of the northern subject property Across the street, to the west of the northern subject property View looking northerly along US Highway 19 North View looking southerly along US Highway 19 North ANX2021-12020 Gilbert G. Jannelli Unaddressed US Highway 19 North View looking east at the southern unaddressed property South of the northern subject property North of the southern subject property Across the street, to the west of the northern subject property View looking northerly along US Highway 19 North View looking southerly along US Highway 19 North Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9571-22 2nd rdg Agenda Date: 5/16/2022 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.8 SUBJECT/RECOMMENDATION: Adopt Ordinance 9571-22 on second reading, vacating the 10-foot wide platted utility easement located on Lots 9 and 10, Block X, Bay Terrace and Bay Terrace Addition, according to the map or plat thereof, as recorded in Plat Book 13, Page 22 of the public records of Pinellas County, Florida. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/13/2022 [RE15-1313-080/286622/1] 1 Ord. No. 9571-22 ORDINANCE NO. 9571-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE 10-FOOT-WIDE PLATTED UTILITY EASEMENT, LOCATED ON LOTS 9 AND 10, BLOCK X, BAY TERRACE AND BAY TERRACE ADDITION, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 13, PAGE 22, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner in fee title of real property described and depicted in Exhibit “A” (attached hereto and incorporated herein), has requested that the City vacate said utility easement; and WHEREAS, the City Council of the City of Clearwater, Florida finds that said utility easement is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: A utility easement described as follows: See Exhibit “A” is hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest thereto, contingent upon, and subject to, the following conditions precedent: 1. Duke has no objections provided the Northerly, rear lot 5-foot-wide platted easement will remain fully intact with no gap in easement. 2. Easements granted and/or actions taken as required above by each entity, shall be in the location and in accordance with the terms of which are acceptable to the respective utility providers. Section 2. The City Clerk shall record this ordinance in the Public Records of Pinellas County, Florida, following adoption. [RE15-1313-080/286622/1] 2 Ord. No. 9571-22 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 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0496 Agenda Date: 5/16/2022 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Council Work Session Agenda Number: 11.1 SUBJECT/RECOMMENDATION: Discuss future of Clearwater Gas System. SUMMARY: In February of this year, the City requested a high-level valuation of the Clearwater Gas System to determine if it should invest more resources into inquiring about a potential sale of the system. That valuation has been completed and is being brought for Council to discuss whether to pursue the inquiry any further. Should Council decide to further the inquiry, staff will obtain the services of outside professionals to investigate the sale opportunities and provide further cost/benefit analysis. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 5/13/2022 Clearwater Gas System Valuation Valuation was completed by Houston office of Raymond James Three separate valuation methods used: ◦Discounted Cash Flow Analysis Utilized the City’s financial projections and most recent Gas System Rate Study ◦Selected Public Company Analysis Based on value and projected earnings of publicly traded utilities ◦Selected Transaction Analysis Based on selected prior sales transactions for similar utilities Clearwater Gas System Valuation Valuations ranged from low of $86 million to high of $138 million Average valuation was $115 million Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0475 Agenda Date: 5/16/2022 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 16.1 SUBJECT/RECOMMENDATION: Red Cross Presentation - Dr. Ken Guidera - Board Member & Community Volunteer Liaison; Eric Corliss - Regional CEO with the American Red Cross SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/13/2022 Hurricane Season: Preparedness with the American Red Cross of Tampa Bay PRESENTERS Eric Corliss –Regional CEO Ela Landegger –Board of Directors, Vice Chair American Red Cross: Our Mission Statement 1 American Red Cross: Our Five Lines of Services 2 Service to the Armed Forces Disaster Services Blood Services Training Services International Services American Red Cross: Central Florida & US Virgin Islands Region 3 Billion Dollar Disaster Trend 4 Hurricane Season: Protect your Home & Business Hurricane Season: Preparedness Education for Kids Hurricane Season: Before the Storm ▪Begin 120-hour timeline ▪Depending on the path of the storm, shift resources across the region for anticipated sheltering and/or recovery needs ▪Contact local emergency management teams and community partners for readiness planning 7 Hurricane Season: During the Storm ▪Workforce continues with their roles until given the full stop order prior to the storm’s approach ▪Everyone goes to their designated locations to ride out the storm ▪Resume plans when the storm has passed, and it is safe to travel 8 Hurricane Season: After the Storm ▪Check for damage and injuries to our workforce, clients, and facilities ▪Resume moving resources ▪Provide meals and clean up supplies to the impacted community ▪Work with partners to fill any needs that we can 9 Hurricane Season: Steps to Recovery ▪Conduct damage assessment ▪Continue to work with community partners and FEMA ▪Provide impacted clients with sheltering, comfort kits, casework, financial assistance, mental health services, and spiritual care 10 Hurricane Season: Local Red Cross Resources 11 #RedCrossCentralFlorida #RedCrossCFL #RedCrossCentralFlorida Hurricane Season: Local Red Cross Communication ▪Emails/texts/calls/visits from the chapter Executive Director and Community Volunteer Leads (CVLs) and Elected Official Liaisons (EOLs) ▪Disaster Cycle Services workforce in constant contact with local emergency management teams 12 Hurricane Season: Volunteers Needed 13 Hurricane Season: Call to Action 14 www.redcross.org/PrepareFlorida Be Red Cross Ready Presentations Available every 1st & 3rd Thursday @ 5 PM Contact Us! ▪Eric Corliss Regional CEO 404-308-4333 Eric.Corliss@redcross.org ▪Dr. Ken Guidera Board Member & CVL Ken.Guidera2@redcross.org ▪Ela Landegger Board Member, Vice Chair & Regional Preparedness Lead Ela.Landegger2@redcross.org 15 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0486 Agenda Date: 5/16/2022 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 16.2 SUBJECT/RECOMMENDATION: Older Americans Month 2022 Proclamation - Ann Marie Winter, Executive Director-Area Agency on Aging of Pasco & Pinellas, Inc. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/13/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0410 Agenda Date: 5/16/2022 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 16.3 SUBJECT/RECOMMENDATION: EMS Week Proclamation - Anthony Tedesco, EMS Division Chief SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/13/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0411 Agenda Date: 5/16/2022 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 16.4 SUBJECT/RECOMMENDATION: National Safe Boating Week Proclamation - May 21 - 28, 2022 Page 1 City of Clearwater Printed on 5/13/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0484 Agenda Date: 5/16/2022 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 16.5 SUBJECT/RECOMMENDATION: National Public Works Week Proclamation - May 15-21, 2022 - Tara Kivett, Engineering Director SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/13/2022