06/13/2022Monday, June 13, 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
June 13, 2022Council Work Session Work Session Agenda
1. Call to Order
2. Presentations
Mayor’s Challenge - Mayor Julie Ward Bujalski, Dunedin2.1
3. City Manager
Approve the renewal of a 15-year Revocable License Agreement from July
1, 2022 through June 30, 2037 between the City of Clearwater and the
Clearwater Historical Society for the purpose of providing a permanent
location for the historical Plumb House and authorize the appropriate
officials to execute same. (consent)
3.1
Approve a Revocable Sub-License Agreement between the City of
Clearwater, the Clearwater Historical Society, a non-profit corporation,
and Community Service Foundation, Inc., a non-profit corporation, for use
of the Plumb House for a period of 5 years with an option for an additional
5 years and authorize the appropriate officials to execute same. (consent)
3.2
Approve the City Manager’s recommendation to establish a Public Work’s
department and an Office of Innovation; to discontinue the Engineering
department and the Utility Customer Service department; and to establish
a Utility Customer Service division and a Right of Way division; pursuant to
City Charter Section 3.03 (b) of the City Charter. (consent)
3.3
4. Office of Management and Budget
Amend the City’s fiscal year 2021/22 operating and capital improvement
budgets at mid-year and pass Ordinances 9589-22 and 9590-22 on first
reading.
4.1
5. Economic Development and Housing
Approve the 2022 Affordable Housing Inventory List pursuant to
requirements of Chapter 166.0451, Florida Statutes, adopt Resolution
22-13 and authorize the appropriate officials to execute same.
5.1
6. Finance
Supplement and amend Resolution 19-34 for the sale of not to exceed
$30,000,000 of City of Clearwater, Florida Non-Ad Valorem Revenue
Bonds, Series 2022 (Imagine Clearwater Improvements), authorize the
appropriate officials to execute same and adopt Resolution 22-14.
6.1
7. Engineering
Page 2 City of Clearwater Printed on 6/9/2022
June 13, 2022Council Work Session Work Session Agenda
Award a construction contract to Poole and Kent Company of Florida, of
Tampa, FL, for Marshall Street Water Reclamation Facility (MS WRF)
Process Control Gates Repairs in the amount of $3,161,578.20 pursuant
to Invitation to Bid (ITB) 18-0047-UT; approve Supplemental Work Order 2
to Brown and Caldwell for Construction Engineering Services in the
amount of $275,770, increasing the work order from $156,788 to
$432,558, pursuant to Request for Qualifications (RFQ) 26-19, Engineer
of Record Consulting Services (EOR); and authorize the appropriate
officials to execute same. (consent)
7.1
8. Fire Department
Appoint Dan Carpenter to a four-year term as a Trustee of the Clearwater
Firefighters’ Supplemental Trust Fund in accordance with Sec. 175.061 of
the Florida State Statutes. (consent)
8.1
Ratify and confirm a Purchase Order to Ten-8 Fire Equipment Inc., of
Bradenton, FL, for the additional purchase of one new Pierce Heavy Duty
Velocity Pumper in an amount of $773,138.00 in accordance with
Clearwater Code of Ordinances Section 2.563(1)(k), Emergencies;
declare G2611 surplus, effective upon receipt of the purchased vehicle,
and authorize for disposal at auction or trade-in, whichever is in the best
interest of the City, in accordance with Clearwater Code of Ordinances
Section 2.623(7)(c), public auction, or (e), trade-in, and authorize the
appropriate officials to execute same. (consent)
8.2
9. Planning
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
North and pass Ordinances 9564-22, 9565-22, and 9566-22 on second
reading. (ANX2021-06011)
9.1
10. Official Records and Legislative Services
Schedule a special council meeting on Thursday, July 7, 2022 at 6:00 p.m.
(consent)
10.1
Designate a Councilmember to serve as the City’s official voting delegate
at the Florida League of Cities’ Annual Conference, August 11-13, 2022.
10.2
11. Legal
Page 3 City of Clearwater Printed on 6/9/2022
June 13, 2022Council Work Session Work Session Agenda
Adopt Ordinance 9540-22 on second reading, annexing certain real
property 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.
11.1
Adopt Ordinance 9541-22 on second reading, amending the future land
use plan element of the Comprehensive Plan to designate the land use for
certain real property whose post office address is 1827 Audubon Street,
Clearwater, Florida 33764, upon annexation into the City of Clearwater, as
Residential Low (RL).
11.2
Adopt Ordinance 9542-22 on second reading, amending the Zoning Atlas
of the city by zoning certain real property whose post office address is
1827 Audubon Street, Clearwater, Florida 33764, upon annexation into
the City of Clearwater, as Low Medium Density Residential (LMDR).
11.3
Adopt Ordinance 9567-22 on second reading, 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.
11.4
Adopt Ordinance 9568-22 on second reading, amending the future land
use plan element of the Comprehensive Plan to designate the land use for
certain unaddressed real property located on the southeast corner of Otten
Street and Weston Drive, Clearwater, Florida 33755, upon annexation into
the City of Clearwater, as Residential Low (RL).
11.5
Adopt Ordinance 9569-22 on second reading, 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).
11.6
Adopt Ordinance 9579-22 on second reading, vacating the five foot wide
platted utility easement located on Lots 1, 2 and 3, Block 44, Mandalay
Sub, according to the map or plat thereof, as recorded in Plat Book 14,
Pages 32-35, of the Public Records of Pinellas County, Florida.
11.7
12. City Manager Verbal Reports
13. City Attorney Verbal Reports
14. 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).
Page 4 City of Clearwater Printed on 6/9/2022
June 13, 2022Council Work Session Work Session Agenda
15. Closing Comments by Mayor
16. Adjourn
17. Presentation(s) for Council Meeting
June Service Awards17.1
Juneteenth Proclamation - Sherman Stroman, City of Clearwater Diversity
Manager
17.2
Page 5 City of Clearwater Printed on 6/9/2022
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#22-0482
Agenda Date: 6/13/2022 Status: Agenda ReadyVersion: 1
File Type: PresentationIn Control: Council Work Session
Agenda Number: 2.1
SUBJECT/RECOMMENDATION:
Mayor’s Challenge - Mayor Julie Ward Bujalski, Dunedin
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 6/9/2022
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#22-0490
Agenda Date: 6/13/2022 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: City Manager's Office
Agenda Number: 3.1
SUBJECT/RECOMMENDATION:
Approve the renewal of a 15-year Revocable License Agreement from July 1, 2022 through
June 30, 2037 between the City of Clearwater and the Clearwater Historical Society for the
purpose of providing a permanent location for the historical Plumb House and authorize the
appropriate officials to execute same. (consent)
SUMMARY:
The Plumb House is a historical landmark, which has been listed as a historical house with the
Department of State, Division of Archives, History and Records Management on the State of
Florida Master Site file. In 2007, the City Council approved a 15-year Revocable License
Agreement between the City and the Clearwater Historical Society (Society) for the use of City
property at Ed Wright Park for the location of the historic Plumb House. The current agreement
ends on June 30, 2022. Both the Society and city staff desire to continue the relationship that
was started back in 1983.
The proposed license agreement will be under substantially the same terms and conditions as
the current agreement. The Society, or its sublessee, would continue to pay for the
maintenance and upkeep of the Plumb House and pay for any day-to-day costs associated with
operating the museum. The City would continue to provide landscape maintenance around
and adjacent to the House. The City may terminate this License be providing 90 days written
notice.
The Society intends to immediately assign its rights to the Community Service Foundation in a
separate Sub-License Agreement, subject to Council approval in a separate agenda item.
Page 1 City of Clearwater Printed on 6/9/2022
1
REVOCABLE LICENSE AGREEMENT PLUMB HOUSE
THIS REVOCABLE LICENSE AGREEMENT is made and entered into on this _____
day June, 2022, by and between the CLEARWATER HISTORICAL SOCIETY, a non-profit
corporation, (hereinafter referred to as "Society" of “Licensee”) and the CITY OF
CLEARWATER, FLORIDA (hereinafter referred to as "City" of “Licensor”), and collectively as
“Parties”.
WHEREAS, the Society is a non-profit corporation which owns a structure known as the
"Plumb House"; and
WHEREAS, the “Plumb House” is an historical landmark which has been listed as an
historical house with the Department of State, Division of Archives, History and Records
Management on the State of Florida Master Site file; and
WHEREAS, since 1983, the structure has been located on real property owned by the City
known as Ed C. Wright Park, pursuant to various revocable license agreements between the
Society and City; and
WHEREAS, the existing Revocable License Agreement between the Society and City
expires on June 30, 2022; and
WHEREAS, the Society and the City desire that the License continue for another fifteen
(15) year term under the same terms and conditions as the exiting License Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein and other
good and valuable consideration, the Parties agree that the above terms, recitals, and
representations are true and accurate and are incorporated herein by reference, and the Parties
further agree as follows:
1. Purpose: The purpose of this License Agreement is to continue to provide a location
for the historical house, “Plumb House" in Ed C. Wright Park. All uses made of the Plumb House
shall be in conformance with the deed restrictions contained in the Ed C. Wright Park Deed
recorded in Official Records Book 1546, page 521, Public Records of Pinellas County, Florida, as
may be applicable.
2. Term: The term of this Agreement shall be for a period of fifteen (15) years which
begins on July 1, 2022 and ends on June 30, 2037. The City, at its convenience, may revoke this
License Agreement by giving ninety (90) days written notice.
3. House Maintenance: At its expense, the Society agrees to maintain the house in a
2
safe and sanitary condition in conformance with all applicable laws, and to continue to keep the
house restored as nearly as possible to its original condition.
4. Public Access: The Society shall make the Plumb House available to the general
public for tours on a semi-monthly basis in accordance with a schedule to be established by the
Society. Additionally, the Society shall have individuals available at said tours to discuss the
history of the Plumb House and the history of the City with those members of the general public
desiring such information.
Prior to the Plumb House being available to the general public for access, the Society or its
assigns, agrees to repair and restore the Plumb House to a safe and sanitary condition and in
conformance with all applicable laws. The City may inspect the Plumb House to ensure
compliance with this section prior to general public access.
5. Landscaping: At its expense, the Society shall provide all landscaping in the
immediate vicinity of the house. The landscaping shall be of a type designated and approved by
the City's Park and Recreation Department.
The City shall maintain the real property immediately surrounding the house including all
landscaping (lawn, shrubs and other landscaping).
6. Parking: The Society members and its guests may use the existing parking facilities
at Ed C. Wright Park or Ross Norton Park.
7. Utilities: At its expense, the Society shall pay all monthly charges for all utilities
including water, electric and telephone.
8. Indemnity and Hold Harmless: The Society agrees to indemnify and hold the City,
including its officers, agents, and employees, harmless from any claims, losses, lawsuits or injuries
for all claims arising out of the restoration, maintenance and use of the Plumb House at Ed C.
Wright Park.
Nothing contained herein is intended to serve as a waiver by the City of its sovereign
immunity, to extend the liability of the City beyond the limits set forth in Section 768.28, Florida
Statutes, or be construed as consent by the City to the sued by third parties.
9. Insurance: The Society will, at its own expense, acquire and maintain during the
term of this Agreement, sufficient insurance to adequately protect the interests of the parties.
Specifically, the Society 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
3
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, property damage, and sexual
molestation and abuse 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.
d. If the Society is using its own property, or the property of the City or other provider,
in connection with the performance of its obligations under this Agreement, then
the Society’s Equipment Insurance or Property Insurance on an “All Risks” basis
with replacement cost coverage for property and equipment in the care, custody and
control of others is required.
e. 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 Society furnish the City with a Certificate of Insurance(s)
evidencing all of the coverage set forth above and naming the City and Society as
an “Additional Insured.” In addition, when requested in writing from the City, the
Society will provide the City with certified copies of all applicable policies.
10. Notices: All required notices and correspondence shall be sent by certified mail to
the following addresses:
City: City Manager
P. O. Box 4748
Clearwater, FL 34618
4
Society: Allison Dolan, President
Clearwater Historical Society
P. O. Box 175
Clearwater, FL 33757
11. Toxic or Hazardous Substances: The Society covenants and agrees not to bring
upon, store or generate upon the City's property or the structure itself any substance classified by
state or federal government authority as a toxic or hazardous material. The Society further agrees
that it shall comply with all governmental and other laws, rules, regulations, codes, statutes
including, but not limited to federal, state, county and municipal as they relate to storage, use and
disposal of any substance whether toxic or non-toxic, whether such substance is a manufactured
or man-made substance and whether the same is a natural substance or man-made.
12. Improvements: The house, its fixtures and all other permanent improvements made
by the Society at Ed C. Wright Park shall become the property of the City of Clearwater upon the
termination or revocation of this Agreement.
13. Assignments: The Society may not assign any privileges granted under this License
Agreement without written approval by the City.
14. The Parties do hereby covenant and agree that no person shall be excluded from
participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of
the premises on the basis of race, color, religion, sex, national origin, disability, or any other
protected class under federal, state, and local law.
15. The Society agrees to comply with all laws, rules, requirements, orders, directives,
codes, ordinances and regulations of governmental authorities and agencies and of insurance
carriers during the life of this Agreement. The Society agrees to obtain all necessary permits in
accordance with applicable City Code of Ordinances and Florida State law. The Society shall be
responsible for conducting Level I or II criminal background checks for its employees and/or
volunteers, as may be required by law.
16. No Property Rights: This Agreement shall be deemed to be a use agreement of a
revocable license and shall not be deemed to be a lease or conveyance of any real property rights
nor shall this Agreement constitute an agreement for the use of real property that would subject
the Parties to the provisions of any statute regarding landlord and tenant rights. The Society agrees
and shall not obtain any prescriptive rights, easements, or other legal or equitable interest in the
5
City’s property or any premises of the City by reason of the execution of this Agreement, or by
compliance with the terms thereof. The granting of this license does not vest in the Society any
interest in the City’s Property or any premises of the City which may be mortgaged, encumbered,
or liened, and no action of the Society shall cause or create any interests in real estate or any
encumbrance upon any such real property.
IN WITNESS WHEREOF, the Parties have caused their duly authorized officers to execute this
License Agreement on the day and year first above written.
CLEARWATER HISTORICAL SOCIETY, INC.
By:
President
Countersigned: CITY OF CLEARWATER, FLORIDA
Frank Hibbard Jon Jennings
Mayor City Manager
Approved as to form: Attest:
Owen Kohler Rosemarie Call
Lead Assistant City Attorney City Clerk
REVOCABLE LICENSE AGREEMENT
oU....
THIS AGREEMENT entered into this J.k- day ~, 2007, by and between the
CLEARWATER HISTORICAL SOCIETY, a not-for-pro~t corporation, hereinafter referred to
as "Society" and the CITY OF CLEARWATER, FLORIDA, hereinafter referred to as "City".
WHEREAS, the Society is a not-for-profit Florida corporation which owns a structure
known as the "Plumb House", and
WHEREAS, the "Plumb House" is an historical landmark which has been listed as an
historical house with the Department of State, Division of Archives, History and Records
Management on the State of Florida Master Site file; and
WHEREAS, since 1983 the structure has been located on real property owned by the City
known as Ed C. Wright Park pursuant to the most recent License Agreement between the City
and the Society dated June 30, 1992; and
WHEREAS, the Society and the City desire that the License continue for another fifteen
15) year term under the same terms and conditions as the existing License Agreement.
NOW, THEREFORE, in exchange for mutually agreeable consideration, the parties to
this Agreement do hereby agree as follows:
1. Purpose: The purpose of this license agreement is to continue to provide a
permanent location for the historical house, "Plumb House", in Ed G. Wright Park. All uses
made of the Plumb House shall be in conformance with the deed restrictions contained in the Ed
C. Wright Park Deed recorded in Official Records Book 1546, page 521, Public Records of
Pinellas County, Florida.
2. Term: The term of this agreement shall be for a period of fifteen (15) years.
1
3. House Maintenance: At its expense, the Society agrees:
a. to maintain the house in a safe and sanitary condition in conformance with
all applicable laws,
b. to continue to keep the house restored as nearly as possible to its original
condition,
c. to maintain a Comprehensive General Liability policy of insurance
covering claims for injuries to persons or damage to property, which may arise from or in
connection with use of the premises, including all activities occurring thereon, written by an
insurance company with above average rating in the amount of $500,000.00 per occurrence.
Certificates of insurance for all applicable coverages hereinbefore stated shall be delivered to the
City on an annual basis and name the City of Clearwater as an additional insured. The coverage
shall contain no special limitations on the scope of protection afforded to the City, its officials,
employees, agents or volunteers. The Society shall provide a copy of any or all insurance
policies upon request by the City.
4. Public Access: The Society shall make the house available to the general public
for tours on a semi-monthly basis in accordance with a schedule to be established by the Society.
Additionally, the Society shall have individuals available at said tours to discuss the history of
the Plumb House and the history of the City with those members of the general public desiring
such information.
5. Landscaping: At its expense the Society shall provide all landscaping in the
immediate vicinity of the house. The landscaping shall be of a type designated by the City's
Parks and Recreation Department.
The City shall maintain the real property immediately surrounding the house including all
2
landscaping (lawn, shrubs and other landscaping).
6. Parkin~: The Society members and its guests may use any existing permitted
parking spaces available at Ed C. Wright Park or Ross Norton Park.
7. Utilities: At its expense, the Society shall pay all monthly charges for all utilities
including water, electric and telephone.
8. Hold Harmless: The Society agrees to hold the City harmless from any claims,
lawsuits or injuries arising out of the restoration, maintenance and use of the house at Ed C.
Wright Park.
9. Notices: All required notices and correspondence shall be sent by certified mail to
the following addresses:
City:City Manager
P. O. Box 4748
Clearwater, FL 34618
Society:Thomas C. Nash, II, Esq.
P. O. Box 1669
Clearwater, FL 33757
10. Toxic or Hazardous Substances: The Society covenants and agrees not to bring
upon, store or generate upon the City's property or the structure itself any substance classified by
state or federal government authority as a toxic or hazardous material. Lessee further agrees that
it shall comply with all governmental and other laws, rules, regulations, codes, statutes including,
but not limited to federal, state, county and municipal as they relate to storage, use and disposal
of any substance whether toxic or non-toxic, whether such substance is a manufactured or man-
made substance and whether the same is a natural substance or man-made.
11. Imorovements: The house, its fixtures and all other permanent improvements
made by the Society at Ed C. Wright Park shall become the property of the City of Clearwater
3
upon the termination or revocation of this Agreement.
12. Assignments: The Lessees may not assign any privileges granted under this
Agreement without Written approval by the City.
Countersigned:CITY OF CLEARWATER, FLORIDA
Illiam B. Home II
City Managerf8(L ~
Attest:
WATER HISTORICAL SOCIETY, INC.
4
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#22-0311
Agenda Date: 6/13/2022 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: City Manager's Office
Agenda Number: 3.2
SUBJECT/RECOMMENDATION:
Approve a Revocable Sub-License Agreement between the City of Clearwater, the Clearwater
Historical Society, a non-profit corporation, and Community Service Foundation, Inc., a
non-profit corporation, for use of the Plumb House for a period of 5 years with an option for an
additional 5 years and authorize the appropriate officials to execute same. (consent)
SUMMARY:
The City of Clearwater currently has a revocable license agreement with the Clearwater
Historical Society to provide a location at Ed Wright Park for the historical landmark known as
the Plumb House. Clearwater Historical Society has realized increased costs of maintaining
the structure as well as an inability to consistently staff the building for public tours as outlined
in the revocable license agreement. Clearwater Historical Society has approached the City of
Clearwater to seek permission for the Plumb House to be occupied and maintained by
Community Service Foundation (CSF), which will assume the responsibilities of the Society.
CSF will utilize the Plumb House to administer its affordable housing services and community
outreach which is focused on providing Lake Belleview restoration, urban gardens, and
Belmont Park adoption. Additionally, CSF will host quarterly community events, such as an art
festival, Christmas holiday celebration, and music concerts as well as cultural events. Staff
believes this partnership will provide a dual benefit to the community in the form of a permanent
presence at the Plumb House as well as providing much needed community service support
and programming. This agreement is for a term of 5 years with an option for an additional term
of 5 years.
Page 1 City of Clearwater Printed on 6/9/2022
1
REVOCABLE SUB-LICENSE AGREEMENT PLUMB HOUSE
THIS REVOCABLE SUB-LICENSE AGREEMENT is made and entered into on this
_____ day June, 2022, by and between the CLEARWATER HISTORICAL SOCIETY, a non-
profit corporation, (hereinafter referred to as "Society" of “Licensee”), COMMUNITY SERVICE
FOUNDATION, INC. a non-profit corporation (hereinafter referred to as “CFS” or “Sub-
Licensee”), and the CITY OF CLEARWATER, FLORIDA (hereinafter referred to as "City" of
“Licensor”), and collectively as “Parties”.
WHEREAS, the Society is a non-profit corporation which owns a structure known as the
"Plumb House"; and
WHEREAS, the “Plumb House” is an historical landmark which has been listed as an
historical house with the Department of State, Division of Archives, History and Records
Management on the State of Florida Master Site file; and
WHEREAS, since 1983, the structure has been located on real property owned by the City
known as Ed C. Wright Park, pursuant to various revocable license agreements between the
Society and City; and
WHEREAS, the Revocable License Agreement between the Society and City (Term: July
1, 2022 to June 30, 2037) (hereinafter referred to as “License Agreement”) is incorporated by
reference and attached hereto as Exhibit A; and
WHEREAS, the Society desires to enter into a Revocable Sub-License Agreement
(hereinafter referred to as “Sub-License Agreement” or “Agreement”) with CSF for a term of five
(5) years with an option for an additional term of five (5) years;
WHEREAS, pursuant to Section 13 of the License Agreement, the City must consent in
writing to this Sub-License Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein and other
good and valuable consideration, the Parties agree that the above terms, recitals, and
representations are true and accurate and are incorporated herein by reference, and the Parties
further agree as follows:
1. Purpose: The purpose of this Sub-License Agreement is to continue to provide a
location for the historical house, “Plumb House" in Ed C. Wright Park. All uses made of the Plumb
House shall be in conformance with the deed restrictions contained in the Ed C. Wright Park Deed
recorded in Official Records Book 1546, page 521, Public Records of Pinellas County, Florida, as
2
may be applicable.
The mission of the Community Service Foundation is to support community development
and affordable housing services. All uses made by CSF will be consistent with that mission
statement.
2. Term: The term of this Sub-License Agreement shall be for a period of five (5)
years which begins on July 1, 2022 and ends on June 30, 2027. The Parties may extend this Sub-
License Agreement for an additional five (5) years under the same terms and conditions if mutually
agreed upon writing. The City, at its convenience, may revoke this Sub-License Agreement by
giving ninety (90) days written notice.
3. House Maintenance: At its expense, CSF agrees to maintain the house in a safe
and sanitary condition in conformance with all applicable laws, and to continue to keep the house
restored as nearly as possible to its original condition.
4. Public Access: CSF shall make the Plumb House available to the general public for
tours on a semi-monthly basis in accordance with a schedule to be established by CSF.
Additionally, CSF shall have individuals available at said tours to discuss the history of the Plumb
House and the history of the City with those members of the general public desiring such
information.
Prior to the Plumb House being available to the general public for access, CSF, at its
expense, agrees to repair and restore the Plumb House to a safe and sanitary condition and in
conformance with all applicable laws. The City may inspect the Plumb House to ensure
compliance with this section prior to general public access.
5. Landscaping: At its expense, CSF shall provide all landscaping in the immediate
vicinity of the house. The landscaping shall be of a type designated and approved by the City's
Park and Recreation Department.
The City shall maintain the real property immediately surrounding the house including all
landscaping (lawn, shrubs and other landscaping).
6. Parking: CSF members and its guests may use the existing parking facilities at Ed
C. Wright Park or Ross Norton Park.
7. Utilities: At its expense, CSF shall pay all monthly charges for all utilities including
water, electric and telephone.
8. Indemnity and Hold Harmless: CSF agrees to indemnify and hold the City,
3
including its officers, agents, and employees, harmless from any claims, losses, lawsuits or injuries
for all claims arising out of the restoration, maintenance and use of the Plumb House at Ed C.
Wright Park.
Nothing contained herein is intended to serve as a waiver by the City of its sovereign
immunity, to extend the liability of the City beyond the limits set forth in Section 768.28, Florida
Statutes, or be construed as consent by the City to the sued by third parties.
9. Insurance: CSF will, at its own expense, acquire and maintain during the term of
this Agreement, sufficient insurance to adequately protect the interests of the parties. Specifically,
CSF 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, property damage, and sexual
molestation and abuse 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.
d. If CSF is using its own property, or the property of the City or other provider, in
connection with the performance of its obligations under this Agreement, then
CSF’s Equipment Insurance or Property Insurance on an “All Risks” basis with
replacement cost coverage for property and equipment in the care, custody and
control of others is required.
4
e. 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, CSF furnish the City with a Certificate of Insurance(s) evidencing
all of the coverage set forth above and naming the City and Society as an
“Additional Insured.” In addition, when requested in writing from the City, CSF
will provide the City with certified copies of all applicable policies.
10. Notices: All required notices and correspondence shall be sent by certified mail to
the following addresses:
City: City Manager
P. O. Box 4748
Clearwater, FL 34618
Society: Allison Dolan, President
Clearwater Historical Society
P. O. Box 175
Clearwater, FL 33757
CSF: Ed Thiebe, Executive Director
Community Service Foundation, Inc.
925 Lakeview Road
Clearwater, FL 33756
11. Toxic or Hazardous Substances: CSF covenants and agrees not to bring upon, store
or generate upon the City's property or the structure itself any substance classified by state or
federal government authority as a toxic or hazardous material. CSF further agrees that it shall
comply with all governmental and other laws, rules, regulations, codes, statutes including, but not
limited to federal, state, county and municipal as they relate to storage, use and disposal of any
substance whether toxic or non-toxic, whether such substance is a manufactured or man-made
substance and whether the same is a natural substance or man-made.
12. Improvements: The house, its fixtures and all other permanent improvements made
by CSF at Ed C. Wright Park shall become the property of the City of Clearwater upon the
termination or revocation of this Agreement.
13. Assignments: CSF may not assign any privileges granted under this Sub-License
Agreement without written approval by the City.
14. The Parties do hereby covenant and agree that no person shall be excluded from
5
participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of
the premises on the basis of race, color, religion, sex, national origin, disability, or any other
protected class under federal, state, and local law.
15. CSF agrees to comply with all laws, rules, requirements, orders, directives, codes,
ordinances and regulations of governmental authorities and agencies and of insurance carriers
during the life of this Agreement. CSF agrees to obtain all necessary permits in accordance with
applicable City Code of Ordinances and Florida State law. CSF shall be responsible for conducting
Level I or II criminal background checks for its employees and/or volunteers, as may be required
by law.
16. This Sub-License Agreement does not relieve the Society of any its obligations and
responsibilities under the License Agreement. The Society hereby enters into this Sub-License
Agreement.
17. The City hereby consents to this Sub-License Agreement.
18. No Property Rights: This Agreement shall be deemed to be a use agreement of a
revocable license and shall not be deemed to be a lease or conveyance of any real property rights
nor shall this Agreement constitute an agreement for the use of real property that would subject
the Parties to the provisions of any statute regarding landlord and tenant rights. The Society agrees
and shall not obtain any prescriptive rights, easements, or other legal or equitable interest in the
City’s property or any premises of the City by reason of the execution of this Agreement, or by
compliance with the terms thereof. The granting of this license does not vest in the Society any
interest in the City’s Property or any premises of the City which may be mortgaged, encumbered,
or liened, and no action of the Society shall cause or create any interests in real estate or any
encumbrance upon any such real property.
[Remainder of Page Intentionally Left Blank]
6
IN WITNESS WHEREOF, the Parties have caused their duly authorized officers to execute this
Revocable Sub-License Agreement on the day and year first above written.
COMMUNITY SERVICE FOUNDATION, INC.
By:
President
CLEARWATER HISTORICAL SOCIETY, INC.
By:
President
Countersigned: CITY OF CLEARWATER, FLORIDA
Frank Hibbard Jon Jennings
Mayor City Manager
Approved as to form: Attest:
Owen Kohler Rosemarie Call
Lead Assistant City Attorney City Clerk
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#22-0582
Agenda Date: 6/13/2022 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: City Manager's Office
Agenda Number: 3.3
SUBJECT/RECOMMENDATION:
Approve the City Manager’s recommendation to establish a Public Work’s department and an
Office of Innovation; to discontinue the Engineering department and the Utility Customer
Service department; and to establish a Utility Customer Service division and a Right of Way
division; pursuant to City Charter Section 3.03 (b) of the City Charter. (consent)
SUMMARY:
As discussed at the city’s annual strategic direction meeting, the City Manager has completed
his review of the organization and identified several changes to the organizational structure.
Included in that reorganization is the creation of two departments, Public Works and the Office
of Innovation, and the discontinuance of two departments, Engineering and Utility Customer
Service.
Additionally, a Utility Customer Service division would be established within the Finance
department and a Right of Way division would be established within the Public Works
department.
The City Manager has provided the new city organizational chart, detail on the structure and
function of each department related to the change, and a list of the positions being requested in
this year’s budget, with detail on each position and costs estimates of adding those positions.
While not all of these positions relate to the organizational adjustments, a portion of them are
directly related.
APPROPRIATION CODE AND AMOUNT:
N/A
USE OF RESERVE FUNDS:
N/A
Page 1 City of Clearwater Printed on 6/9/2022
Currently under ACM1, now reporting to the Office of Innovation
CRA
Human
Resources
New Org Chart
Clearwater Gas Finance
SW/General
Services Library
Fire
Economic
Development
City Clerk Marine and
Aviation
Planning and
Development
Police Public
Communications
Parks and
Recreation
Public Utilities
Public Works
Assistant City
Manager (ACM1)
Assistant City
Manager (ACM2)
New
New, but includes Engineering (currently ACM2)
Currently under ACM1 Office of Innovation
Information
Technology
Currently under ACM1, now includes customer service (ACM2)
Currently under CM
City Manager City Attorney
Current Chart
City Manager City Attorney
Assistant City
Manager (ACM1)
Assistant City
Manager (ACM2)
Finance
Marine and
Aviation
Public Utilities Human
Resources
Planning and
Development
Police Public
Communications
Parks and
Recreation
CRA
Information
Technology
SW/General
Services Library
Economic
Development
Clearwater Gas
City Clerk
Fire
Engineering
I. Establishment
The City of Clearwater is establishing a division Utility Customer Service under the
supervision of the Finance Director
II. Dissolution
The City of Clearwater is also eliminating the Utility Customer Service department and
transferring its functions and resources to the Finance Department.
III. Purpose
The purpose of Utility Customer Service Division is responsible to provide centralized
customer service functions to customers of the seven City utilities.
IV. Functions
The following functions are hereby transferred to the Finance department:
1. Meter Reading from Utility Customer Service department
2. Billing from Utility Customer Service department
3. Collections from Utility Customer Service department
4. Customer Care from Utility Customer Service department
V. Changes to Organizational Charts
a. Finance
b. Utility Customer Service
VI. Objectives
a. Utility Customer Service
i. Meter Reading
Meter Reading is responsible for securing accurate and timely readings. Metered
services include: Water (potable, lawn, reclaimed), Wastewater (based on
metered potable water usage) and Natural Gas. The Meter Reading area also
performs special readings, leak notifications, and initiates service orders based
on field observations.
ii. Billing
Billing is responsible for calculation and preparation of customer bills, resolving
billing exceptions, processing service orders and special/final bill requests, and
generating reports.
iii. Collections
Collections is responsible for managing utility customer accounts receivable in a
fiscally responsible manner that respects customers while limiting the exposure
of the City of Clearwater to delinquent accounts. The Collections area also
manages inactive accounts receivable, seeking payment of final bills, performing
skip-tracing and filing property liens as appropriate.
iv. Customer Care
Customer Care is responsible for responding in a timely, courteous, and
professional manner to customer requests received via telephones, mail, or
from walk-in customers. Accounts are opened or closed, requests for
information are responded to, and inquiries are researched and resolved.
VII. Justification
Staff believes that shifting the UCS department to a division within Finance will help create a
more resilient management structure create opportunities for staff development, and
achieve operating efficiencies.
I. Establishment
The City of Clearwater is establishing an Office of Innovation under the supervision of the
City Manager and led by the Chief Innovation Officer
II. Purpose
To drive progress within the community
III. Functions
The following divisions are hereby transferred to the Office of Innovation:
1. Neighborhood Services from Planning and Development
2. Sustainability from City Manager’s Office
3. Cultural Affairs from City Manager’s Office
Additionally, the Information Technology Department will report to the Chief Innovation
Officer.
IV. Changes to Organizational Charts
a. Office of Innovation
b. City Manager’s Office
c. Planning and Development
V. Department Objectives
a. Office of Innovation
The Office of Innovation is responsible for creating and maintaining an innovation
framework for the city that will support internal and external initiatives and create a culture
that places a high value on proactively pursuing opportunities for change at all levels of the
organization.
i. Neighborhoods Division
The neighborhoods division is responsible for working with community
organizations and city departments to create a stronger link between local
government and the community.
ii. Cultural Affairs
The Cultural Affairs division is responsible for facilitating, stimulating, and
enhancing local cultural development initiatives to maintain a robust and inclusive
arts and culture ecosystem in Clearwater.
iii. Sustainability
The Sustainability division is responsible for ensuring the upkeep of Greenprint
2.0 and guiding its implementation by internal city partners and external
community partners.
VI. Justification
Creating a centralized approach for innovation will help the city create a singular framework to
support ideas that can lead to positive change within the organization. To date that approach
has been largely decentralized, resulting in a lack of alignment from department to department
on how to go about implementing new ideas and shifts in business practices. The Office of
Innovation’s approach will focus on creating alignment withing the organization that staff
believes can result in exponential growth in the success rate of implementation. The end goal is
to break out of a service model that can at times seem very reactive and build systems that
support consistently focus efforts on proactively identifying opportunities for improvement.
I. Establishment
The City of Clearwater is establishing a Public Works Department under the supervision of
the City Manager’s Office and led by a Public Works Director.
II. Dissolution
The City of Clearwater is also eliminating the Engineering department and transferring its
functions and resources to the Public Works Department.
III. Purpose
The purpose of Public Works department is to centralize long term and short-term
management of city rights of way and infrastructure within one department.
IV. Functional Transfers
The following functions are hereby transferred to the Public Works department:
1. Stormwater Maintenance from Engineering
2. Streets and Sidewalks from Parks and Recreation
3. Urban Forestry from Parks and Recreation
4. P&R Contracts Landscaping from Parks and Recreation
5. Traffic Operations from Engineering
6. Stormwater Engineering from Engineering
7. Construction Management from Engineering
8. GIS from Engineering
9. Traffic Engineering from Engineering
10. Parking System from Engineering
11. Environmental Engineering
The following function is hereby transferred from the Engineering Department:
1. Utilities Engineering to Public Utilities
V. Changes to Organizational Charts
a. Public Works
b. Parks and Recreation
c. Engineering
d. Public Utilities
e. City Manager’s Office
VI. Department Objectives
a. Public Works Department
The Public Works Department is responsible for ensuring proper short- and long-term
maintenance of city infrastructure within the right of way.
i. Maintenance Division
The Maintenance section of Public Works is responsible for maintenance within
of the public right-of-way (ROW), ensuring assets within the right of way are
maintained in good working order and the transportation and stormwater
systems they support are operating to an acceptable level.
ii. Engineering Division
The Engineering Department is responsible for project management of the
design and construction phases of the City’s Capital Improvement Program, the
administration of the Parking System, management of city’s interests in public
right-of-way (ROW), environmental compliance, and oversight of the City’s GIS
program.
b. Parks and Recreation
The Parks and Recreation Department is responsible for maintaining and programming
Parks and Recreation facilities and other assigned areas such as Clearwater Beach and
the Cleveland Street Corridor.
i. Parks and Beautification Division
The objective of the Parks and Beautification division is to provide general
maintenance, enhancement and development of Parks and Recreation facilities
and the Cleveland Street Corridor. In addition, this division coordinates the
implementation of the small-scale capital improvement program.
c. Public Utilities
The Public Utilities department is responsible for providing high quality water,
wastewater, and reclaimed water services while protecting the public health and natural
environment of our community
i. Utilities Engineering Division
Utilities Engineering manages the design and construction phases of capital
projects for all Public Utilities department.
VII. Justification
Decentralization of capital and operational functions related to public works functions has
resulted in inefficiencies in how the city manages its infrastructure systems and assets.
Specifically, differences in priority levels between departments appear to be the basis for sub-
standard communication and coordination. While enhancing cross departmental coordination
could assist with these issues, staff believes the current model is inherently flawed because it
creates multiple director level chains of command in areas where priorities are likely to be a
point of conflict in the future as well.
Centralizing allows us to push conflict resolution related to priorities down to lower levels of the
organization and allows for more higher levels staff to focus on providing clear goals for the
department, hopefully reducing the quantity of priority conflicts as well.
Proposed FTE Additions for FY23
Department Purpose
FTE
Count Overall Cost
Accountability
Audit
The Audit division of Finance has only two employees, which severely
impacts the divisions ability to proactively identify issues with the systems
departments use to carry out their operations. Adding this Auditor
position will allow us to substantially increase the capacity of Audit to
identify these issues.1 $67,240 $2,000 $69,240
Fire
This request is for a third Payroll Technician. The Fire Department payroll
is a very complex set of calculations that are very time consuming. The
addition will help the payroll team be more efficient and mitigate errors,
but will also ensure resiliency in payroll processing for the department
when short or long term employee outages occur. 1 $50,820 $2,000 $52,820
The addition of a Development Review Planner would bring the
Development Review divisions staffing back to its pre-recession level. This
position will provide needed capacity to meet the increasing demands,
help the department meet its objectives, and uphold our customer service
standards.1 $91,090 $2,000 $93,000
The Department has experienced increasing numbers of building permit
applications. In 2010, 5,433 permits were issued, in 2021 we issued 11,747
permits. Despite employing two outside contract building plans examiners
on daily basis, we are still unable to meet departmental target review time
goals on a regular basis. The addition of a Building Plans Examiner may
have an opportunity to reduce expenses to the contract employees at
some point, but that will be dependent on the number and the quality of
submissions. 1 $76,000 $2,000 $78,000
Total Planning and Development 2 $167,090 $4,000 $171,000
Estimated
Personnel Cost
Estimated
Operating Cost
Planning and
Development
1 of 9
Proposed FTE Additions for FY23
Department Purpose
FTE
Count Overall Cost
Estimated
Personnel Cost
Estimated
Operating Cost
The addition of a Network Analyst is needed to increase the support to
computer and network users Citywide as we increase both the number of
personnel and system/technology used for service provision.1 $70,030 $2,000 $72,030
The City has increased the number of ‘enterprise scale’ solutions
significantly over the past 10 years and has recently committed to adding
several more solutions which will have broad reaching impacts to
operations, including, training requirements and service level
improvements for users and customers. The Addition of a Senior Systems
Programmer and a Senior Business Systems Analyst will allow us to
appropriately support these solutions.2 $162,270 $4,000 $166,270
Total Information Technology 3 $232,300 $6,000 $238,300
Marine and
Aviation
The Marine and Aviation Department is deficient in front line supervision
based on the 24-hour nature of the operation and variety of the field work
conducted (maintenance, customer service, custodial and security). This,
coupled with the geographic locations and layout of the facilities
managed, exacerbates the problem. The Department is currently staffed
with a single Assistant Manager who is attempting to provide direct
oversight to personnel working around the clock at varied locations. The
additional Assistant Manager will provide direct oversight and supervision
daily and act as a backup to the existing assistant manager to effectively
support the daily needs of our team members and customers.1 $72,960 $2,000 $74,960
Total Accountability 8 $590,410 $16,000 $606,320
Information
Technology
2 of 9
Proposed FTE Additions for FY23
Department Purpose
FTE
Count Overall Cost
Estimated
Personnel Cost
Estimated
Operating Cost
Operational Efficiency
City Clerk
The addition of a Grant Coordinator will allow the City to pursue more
grant opportunities. Staff believes that this position will be able to
indirectly pay for it self by shifting funding sources from planned city funds
to grant funds. 1 $72,960 $2,000 $74,960
Economic
Development &
Housing
Currently the City has one employee, the Real Estate Coordinator, to
coordinate easements, vacations, property acquisitions, and property
sales. an additional Real Estate focused position will make the city more
resilient should the coordinator be unavailable or at full capacity and will
allow us to be more efficient in disposing, acquiring and managing
properties.1 $94,700 $2,000 $96,700
The role of the Human Resources Manager will be to establish a
centralized training program that will provide organization-wide learning
(such as communication skills, customer service, computer training,
customized training, harassment, etc.), employee development programs,
a supervisor certification program and leadership development classes 1 $100,110 $2,000 $102,110
This HR Analyst will be a part of a new centralized training program that
will provide organization-wide learning (such as communication skills,
customer service, computer training, customized training, harassment,
etc.), employee development programs, a supervisor certification program
and leadership development classes.1 $64,580 $2,000 $66,580
Total Human Resources 2 $164,690 $4,000 $168,690
Human Resources
3 of 9
Proposed FTE Additions for FY23
Department Purpose
FTE
Count Overall Cost
Estimated
Personnel Cost
Estimated
Operating Cost
The Chief Innovation Officer will oversee the Office of Innovation.1 $197,100 $2,000 $199,100
The Sustainability Specialist will assist the Sustainability Coordinator in
implementing Greenprint. As the City continues to push Greenprint
forward, the amount of work has increased. This item will allow for more
efficient implementation and more resiliency as we implement Greenprint 1 $64,870 $2,000 $66,870
The Neighborhoods Coordinators will assist the Neighborhoods Manager
in enhancing the connection between city staff and the members of the
community. This additional staff brings the City closer to its previous level
of service and staff believes that a team approach to engaging with
Neighborhoods is more efficient and will make us more resilient.3 $201,710 $6,000 $207,710
Total Office of Innovation 5 $463,680 $10,000 $473,680
The Public Works Director will oversee the Public Works Department. This
position will be 50% paid from General Fund with the remainder coming
from Stormwater (32%) and Parking (18%).1 $174,110 $2,000 $176,110
The Right of Way Maintenance team is requested to develop a team of six
employees to maintain most of the contracted landscaping sites, using
contractors to maintain only a limited number of sites. While the cost of
city employees may be higher than contractors the product and results are
far better when this function is done by city employees. This team will
merge with and be supplemented by the current Contracts Maintenance
group. The associated positions include 1 Supervisor, 2 Lead Technicians,
and 3 Senior Technicians.6 $312,900 $244,110 $557,010
Total Public Works 7 $487,010 $246,110 $733,120
Total Operational Efficiency 16 $1,283,040 $264,110 $1,547,150
Office of
Innovation
Public Works
4 of 9
Proposed FTE Additions for FY23
Department Purpose
FTE
Count Overall Cost
Estimated
Personnel Cost
Estimated
Operating Cost
New Capital
The Downtown Core Maintenance Team is a combination existing staff
members (7.6 FTE) as well as new employees (14.3 FTE). This team will be
responsible for the landscape maintenance operations which are needed
for the entire Imagine Clearwater project; Cleveland Street Landscaping
Phase I, II and III; Station Square Park; Festival Plaza; and Crest Lake Park.
Costs shown are for a full year, however the budget will be prorated for
FY23 based on the completion schedule for the park. The associated
positions include 1 Senior Manager, 1 Landscape Manager, 1 Supervisor,
2 Foreman, 3 Lead Technicians, 4.3 Service Technicians, and 2 Custodians.14.3 $845,610 $462,620 $1,308,230
The recommended downtown core programming team for the park will
consist of 6.5 FTE’s. This team will be responsible for providing recreation
programing at Imagine Clearwater Park, Station Square Park, Festival
Plaza, and Crest Lake Park. Many of these programming efforts will
consist of special events therefore we are proposing to transfer 2 of our
current employees to be on this team as well as the addition of 4.5 FTE’s
being requested. Programming will occur in the parks which will include
special events, outdoor classes (yoga, fitness, health, dog training, fishing
etc.), and youth camps. The associated positions include 1 Recreation
Supervisor and 3.5 Recreation Leaders.4.5 $218,320 $72,370 $290,690
Total New Capital 18.8 $1,063,930 $534,990 $1,598,920
Parks and
Recreation
5 of 9
Proposed FTE Additions for FY23
Department Purpose
FTE
Count Overall Cost
Estimated
Personnel Cost
Estimated
Operating Cost
Increased Level of Service
Library
The current North Greenwood Library schedule does not include open
hours on Saturdays or morning hours on Fridays. Patrons have expressed a
desire for the library to offer Saturday hours and increased morning
access. In order to offer patrons open hours on Saturdays and morning
access on Fridays, the library will require an additional two positions,
representing a total increase of 1.5 FTE. The associated positions include 1
Librarian and 0.5 Assistant Librarians.1.5 $78,360 $3,000 $81,360
By adding 4 FTE’s to the custodial team we will be able reopen six closed
restrooms, provide enhanced cleaning for two restrooms maintained by
parks staff, and maintain 13 athletic sites currently being maintained by
outside contractors. The addition of 4 FTEs coupled with the existing 1 FTE
will allow for the department to create at least two working teams to
clean restroom facilities city wide; 22 locations in all. This increase is
partially offset by a reduction of $130,000 in budgeted contract services.
The associated positions include 1 Foreman and 3 Custodial Workers.4 $197,270 $74,000 $271,270
An additional P/T Recreation Leader is added to assist with driving the bus
to pick up kids at surrounding schools. This position is vital to all the after
school and summer camp and programs held at Ross Norton and North
Greenwood Recreation Centers. This position is paid for through Juvenile
Welfare Board (JWB) funds and will not be an impact to the general fund.
Current recreation staff are assisting in this task, but the additional
position is needed for staff to be available in their recreation centers
meeting the needs of the public rather than being taken away from the
center to pick up children.0.6 $22,270 $500
Total Parks and Recreation 4.6 $219,540 $74,500 $271,270
Parks and
Recreation
6 of 9
Proposed FTE Additions for FY23
Department Purpose
FTE
Count Overall Cost
Estimated
Personnel Cost
Estimated
Operating Cost
Since the development of Beachwalk on Clearwater Beach, the area has
been in a constant state of development and transformation. Clearwater
Beach now is a world renown vacation destination with newly constructed
hotel facilities, increased parking inventory, and increased numbers of
bars, nightclubs, and restaurants. Despite the significant transformation of
Clearwater Beach, the police deployment has not been able to grow at the
same pace, requiring the staffing levels and deployment strategy to be re-
evaluated. The addition of 10 Police Officers are needed to properly staff
Clearwater Beach. This increase is partially offset by Parking revenues
collected at the beach to alleviate the General Fund impact.10 $915,550 $192,000 $1,107,550
The Police department has requested to increase Variable Police Aide
positions by 1.2 FTEs to provide coverage of the Courtney Campbell
Causeway (CCC) Recreation Area on the weekends, holidays, and other
peak periods to manage parking, ordinance compliance, and prevent
overcrowding. The additional Variable Police Aide FTEs will also provide
parking enforcement on the mainland in areas not currently serviced by
Parking Enforcement and also be used to help support special events at a
cost lower than a sworn officer.1.2 $84,720 $1,000 $85,720
Total Police 11.2 $1,000,270 $193,000 $1,193,270
Police
7 of 9
Proposed FTE Additions for FY23
Department Purpose
FTE
Count Overall Cost
Estimated
Personnel Cost
Estimated
Operating Cost
The Marine and Aviation Department is responsible for providing after
hours security (Generally from 7PM-5AM) at three distinctly different
facilities, (Clearwater Airpark, Clearwater Harbor Marina, and Clearwater
Beach Marina). The guards at these locations are critical to providing the
security necessary to protect property and ensure the safety of our
tenants and the public. However, there is currently no mechanism in place
to effectively have direct supervision of them or provide them immediate
line level supervisory support. This Marina Parking Supervisor position is
critical to ensuring accountability, oversight, support, and backfill on
occasion. 1 $58,720 $7,500 $66,220
The current staffing level responsible for providing after hours security is
currently insufficient to provide regular, uninterrupted security at our
locations. We are regularly forced to rotate personnel between facilities
resulting in gaps in coverage. Additionally, and perhaps most importantly,
two of the overwater facilities come with an inherent risk to a single guard
patrolling alone. The additional Parking Facility and Security Aide will
allow us to establish paired patrols on occasions, provide for a relief
factor, enhance accountability, and provide a much more consistent and
reliable security component. 1 $48,000 $2,000 $50,000
At the Beach Marina, we are unable to provide an optimal level of
customer service during peak hours of operations, which is causing one
person to assist boaters, help tie up their vessels, fuel vessels, pump-out
vessels, assist transient vessels, and assist with customer needs at the
Beach Marina. The additional Marine Facility Operator (merge of existing
P/T position to create a F/T position) will provide staffing during these
peak operational periods over the weekends and holidays.0.5 $47,300 $1,000 $48,300
Total Marine and Aviation 2.5 $154,020 $10,500 $164,520
Marine and
Aviation
8 of 9
Proposed FTE Additions for FY23
Department Purpose
FTE
Count Overall Cost
Estimated
Personnel Cost
Estimated
Operating Cost
Parking
The increase of 0.2 Parking Attendant is requested to upgrade an existing
part time (0.8 FTE) to full time. The additional hours for this full time
position is needed to provide services/repairs at all city owned garages
and to garage equipment, clean/sanitize "pay by plate" stations, remove
and dispose of trash in and around garages, provide custodial duties at
garages, answer customer questions and return hotline calls in a timely
manner, assist with coin collection processes, among other tasks.0.2 $21,830 $0 $21,830
Total Increased Level of Service 20 $1,474,020 $281,000 $1,732,250
Total - FTE additions for FY23 62.8 $4,411,400 $1,096,100 $5,484,640
9 of 9
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: 9589-22 9590-22
Agenda Date: 6/13/2022 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: Office of Management & Budget
Agenda Number: 4.1
SUBJECT/RECOMMENDATION:
Amend the City’s fiscal year 2021/22 operating and capital improvement budgets at mid-year
and pass Ordinances 9589-22 and 9590-22 on first reading.
SUMMARY:
The fiscal year 2021/22 operating and capital improvement budgets were adopted in
September 2021 by ordinances 9498-21 and 9499-21. Section 2.521 of the City’s Code of
Ordinances requires the City Manager to prepare a quarterly report detailing income,
expenditure estimates, collections, the explanation of significant variances, as well as the
financial status of all capital improvement projects.
Page 1 City of Clearwater Printed on 6/9/2022
Mid-Year Budget Review
Fiscal Year 2021-22
Memorandum
TO: Mayor and City Council
FROM: Jon Jennings, City Manager
COPIES: Micah Maxwell, Assistant City Manager
Michael Delk, Assistant City Manager
SUBJECT: Mid-year budget review - amended City Manager's annual budget report
DATE: June 1, 2022
Attached is the mid-year budget review in accordance with the City Code of Ordinances.
This report is based on the first six months of activity in the current fiscal year (October 2021 through March
2022). Contained within are comments on major variances and documentation of all proposed
amendments.
Significant Fund amendments are outlined below:
General Fund
General Fund revenue and expenditure amendments reflect a net increase of $10,119,758.
The General Fund expenditure increase at mid-year includes Council approved appropriation of General
Fund reserves of $2,289,695 for the Clearwater Harbor Marina Replacement & Upgrade project and $50,000
for consulting services in Economic Development. Other amendments include an increase of $400,000 in
Planning and Development for increased contractual services for building inspection/plans review which is
offset by increased building permit revenue; an increase of $30,063 for the refurbishment of command
vehicles in the Police Department offset by revenues returned from the capital fund; and the allocation of
$7,350,000 of General Fund reserves to provide funding for the New City Hall project.
General Fund Reserves – In order to ensure adequate reserves, the City Council’s policy reflects that General
Fund unappropriated fund reserves of 8.5% of the City’s budgeted General Fund expenditures must be
maintained as a reserve to guard against future emergencies.
With the closing of the year-end 2021 books, estimated General Fund reserves at mid-year are
approximately $54.2 million, or 32.9% of the current year’s General Fund budget, exceeding our minimum
reserve requirement by $40.2 million.
Mid-Year Budget Review
Fiscal Year 2021-22
Significant amendments to other city operating funds are noted as follows:
Gas Fund
Amendments to Gas Fund expenditures include increases totaling $6,711,900 for gas commodities for
resale; a decrease of $300,000 to interfund transfers for the annual gas dividend payment; amendments
to various cost codes which net an increase of $49,385 to adjust the budget in line with actual
expenditures; and an increase of $660 for recognition of the 2nd quarter safety award. Gas fund revenues
are amended to offset this expenditure increase.
Marine Fund
Amendments to Marine Fund expenditures reflect an increase of $1,000,000 for marine fuel for resale
due to increased prices and demand. Offsetting amendments are made to increase fuel sales revenues.
Parking Fund
Amendments to Parking Fund expenditures reflect a transfer of $1,500,000.00 to the Parking Facilities
project to fund renovations of the MSB garage. Budgeted revenues are sufficient to cover this increase.
Capital Improvement Program
Mid-year amendments to the capital improvement program reflect a net increase of $12,724,924.
Amendments previously approved by Council include an increase of $1,500,000 in parking revenues in the
Parking Facilities project; an increase of $350,000 of open space impact fee revenue in the Park Land
Acquisition project; an increase of $2,289,695 of General Fund revenues in the Clearwater Harbor Marina
project; and an increase of $65,000 in grant revenues from FDOT and $13,000 of administrative services
revenue in the Airpark Security System Upgrade project.
Project activity not previously approved by the Council is summarized on page 18. Significant amendments
include a transfer of $7,350,000 of General Fund reserves to the New City Hall project; an increase of
$299,000 reimbursed for trade in credit in the P25 Radio Equipment & Infrastructure project, an increase
of $149,566 reimbursed from Pinellas County in the Aerial Truck project; an increase of $129,957 in
parking revenues in the Seminole Boat Ramp project; an increase of $99,994 in property owner share
revenues in the Pinellas New Mains/Service Lines project; an increase of $50,000 in donation revenues for
the Long Center Infrastructure Repairs project; and a decrease of $101,000 in transfers from the Special
Program Fund in the Phillip-Jones Restroom/Concession project.
Special Program Fund
The Special Program Fund reflects a net budget increase of $804,030 at mid-year. Significant amendments
include an increase of $41,799 in public safety grant revenues for Federal Forfeiture Sharing and
Pedestrian/Bicycle Safety; $30,000 to account for Police overtime reimbursements from various law
enforcement agencies; $427,541 in contractual service revenue for police extra duty; $11,620 in donation
revenues to support Parks and Library programs; $6,952 in Community Development Block Grant program
income; $5,700 in foreclosure registry fees collected; $128,460 in fines and court proceeds for public
safety programs, and the tree replacement program; $11,972 in special events revenues; and $139,986
transferred between existing police programs.
CITY OF CLEARWATER
MID-YEAR SUMMARY
2021/22
FY 21/22 First Variance %
Adopted Quarter Mid Year YTD Actual vs.YTD vs.Mid Year Amended
Description Budget Amended Actual Amend Budget Budget Adjustment Budget
General Fund:
Revenues 164,818,400 168,818,866 114,339,260 54,479,606 68%10,119,758 178,938,624
Expenditures 164,818,400 168,818,866 93,455,897 75,362,969 55%10,119,758 178,938,624
Utility Funds:
Water & Sewer Fund
Revenues 110,251,710 110,251,710 51,450,780 58,800,930 47%- 110,251,710
Expenditures 110,251,710 110,251,710 78,070,228 32,181,482 71%- 110,251,710
Stormwater Fund
Revenues 24,042,640 24,042,640 8,767,673 15,274,967 36%- 24,042,640
Expenditures 24,042,640 24,042,640 19,227,118 4,815,522 80%- 24,042,640
Gas Fund
Revenues 49,235,700 49,235,700 24,161,434 25,074,266 49%6,502,977 55,738,677
Expenditures 49,176,970 49,176,970 31,174,750 18,002,220 63%6,461,945 55,638,915
Solid Waste and Recycling Fund
Revenues 29,366,280 29,366,280 15,823,839 13,542,441 54%- 29,366,280
Expenditures 28,044,120 28,044,120 13,851,989 14,192,131 49%- 28,044,120
Enterprise Funds:
Marine Fund
Revenues 5,723,810 5,723,810 2,957,368 2,766,442 52%1,000,000 6,723,810
Expenditures 5,723,810 5,723,810 3,451,385 2,272,425 60%1,000,000 6,723,810
Airpark Fund
Revenues 350,000 350,000 151,313 198,687 43%- 350,000
Expenditures 333,690 333,690 160,342 173,348 48%- 333,690
Clearwater Harbor Marina Fund
Revenues 928,730 928,730 528,898 399,832 57%- 928,730
Expenditures 909,680 909,680 472,063 437,618 52%- 909,680
Parking Fund
Revenues 9,544,080 9,544,182 5,012,814 4,531,368 53%- 9,544,182
Expenditures 6,852,830 6,852,932 3,476,746 3,376,186 51%1,500,000 8,352,932
Internal Service Funds:
General Services Fund
Revenues 6,146,260 6,146,260 3,133,765 3,012,495 51%- 6,146,260
Expenditures 6,146,260 6,146,260 2,504,408 3,641,852 41%- 6,146,260
Administrative Services
Revenues 15,025,780 15,025,984 7,102,946 7,923,038 47%- 15,025,984
Expenditures 15,025,780 15,025,984 7,549,023 7,476,961 50%- 15,025,984
Garage Fund
Revenues 17,623,060 17,623,060 8,355,311 9,267,749 47%- 17,623,060
Expenditures 17,595,180 17,595,180 7,292,394 10,302,786 41%- 17,595,180
Central Insurance Fund
Revenues 32,285,530 32,285,530 14,130,060 18,155,470 44%- 32,285,530
Expenditures 32,285,530 32,285,530 13,793,132 18,492,398 43%- 32,285,530
1
MID-YEAR REVIEW
AMENDED CITY MANAGER'S FISCAL YEAR 2021-22 REPORT
PAGE #
General Fund Operating Budget ..................................................................................................... 3
Utility Funds Operating Budget ...................................................................................................... 6
Other Enterprise Funds Operating Budgets ................................................................................. 10
Internal Service Funds Operating Budgets ................................................................................... 14
Capital Improvement Program Budget ........................................................................................ 18
Special Program Fund Budget ....................................................................................................... 32
Special Development Fund ........................................................................................................... 37
Administrative Change Orders ...................................................................................................... 40
Ordinances ..................................................................................................................................... 41
The amended 2021/22 operating budget, presented by operating fund and/or department, is
submitted for the City Council review.
The actual and projected data contained in this review represents six months, October 1, 2021
through March 31, 2022. The adjustments, however, represent all data available at the time of the
report, including action taken by the City Council after March 31, 2022.
Definitions associated with the operating funds information is presented as follows:
Definitions:
Adopted Budget - The budget as adopted by the City Council on September 30, 2021.
Variance YTD Actual
vs. Adopted Budget - Difference between year to date actual and adopted budget.
% YTD vs. Budget - Percentage of adopted budget expended, year to date.
Proposed Amendments - Adjustments that have been approved by the City Council, made at
the Manager’s discretion, and/or adjustments proposed based on
this quarter’s review.
Amended Budget - Adding the Original Budget and Adjustments.
2
Capital Improvement Program
The amended 2021/22 Capital Improvement Projects budget report is submitted for the City
Council review. This review provides the opportunity to analyze the status of all active projects and
present formal amendments to the project budget.
The Capital Improvement Program and Special Program fund information is presented as follows:
Definitions:
Budget - The budget as of October 1, 2021, which includes project budgets
from prior years, which have not been completed.
Amendment - Amendments which have been approved by the City Council, made
at the Manager's discretion, and/or adjustments proposed as a
result of this quarter’s review.
Revised Budget - Adding the Budget and Amendment columns.
Encumbrance - Outstanding contract or purchase order commitment.
Available Balance - Difference between revised budget and expenditure, plus
encumbrance.
Status - C - project is completed
Amend Ref - Reference number for description of amendment.
Increase/
(Decrease)Description
Ad Valorem Taxes -
At mid year,approximately 95%of property tax revenue has
been received.As projected,most property tax payments are
made within the first six months of the fiscal year.No
amendment is proposed at this time.
Other Permits and Fees 400,000
At mid year,87%of other permits and fees revenues have
been collected primarily due to increased building/sign
permit revenues.Amendments reflect an increase of
$400,000.00 to building/sign permit revenues which offset
the expenditure increase in Planning and Development for
building inspection contractors.
Miscellaneous -
At mid year,approximately 99%of budgeted miscellaneous
revenues have been collected,primarily due to the sale of
surplus property in the first period of the fiscal year.No
amendment is proposed at this time.
30,063
At mid year,transfer in revenues reflect an increase of
$30,063.00 to recognize the return of unspent funds in
project P1803,Command Bus Refurbishment,to fund an
increase to Police Departement expenditures for command
vehicle refurbishment as approved by the Council on April 7,
2022.
50,000
1)An appropriation of $50,000.00 from fund reserves to
provide funding for consulting services in Economic
Development as approved by the Council on October 4, 2021.
2,289,695
2)An appropriation of $2,289,695.00 from fund reserves to
provide funding for capital improvement project C1906
Clearwater Harbor Marina Replacement &Upgrade,as
approved by the Council on May 19, 2022.
7,350,000
3)An appropriation of $7,350,000.00 from fund reserves to
provide funding for capital improvement project
ENGF220001, New City Hall.
9,689,695
10,119,758 Net General Fund Revenue
City of Clearwater
General Fund Revenues
Mid-Year Amendments
FY 2021/22
Transfer (to) from Surplus
Transfers In
Net Transfer (to) from
Retained Earnings
3
Increase/(Decrease)Description
-
Mid year amendments to CRA Administration include the
recognition of one additional FTE (CRA Events Specialist)as
approved by CRA trustees on May 16,2022.Funding for
this position is included in the interlocal agreement with
the City recognized in General Fund transfer-in revenue.
50,000
At mid year,Economic Development and Housing
expenditures reflect an increase of $50,000.00 to
professional services for consulting services,as approved
by the Council on October 4, 2021.
-
Amendments to Parks &Recreation expenditures include a
net zero amendment transferring budget savings of
$18,690.47 to capital improvement project 93650,Crest
Lake Park Improvement,as approved by the Council on
April 7, 2022.
400,000
At mid year,amendments to Planning and Development
expenditures reflects an increase of $400,000.00 to
contractual services for building inspections and plans
review,offset by an amendment increasing building/permit
revenues.
30,063
Amendments to Police Department expenditures reflect an
increase of $30,063.00 to contractual services for the
refurbishment of command vehicles,as approved by the
Council on April 7, 2022.
Non-Departmental
Amendments to Non-Departmental reflect Council
approved interfund transfers to capital improvement
projects as follows:
2,289,695
1)A transfer of $2,289,695.00 to capital improvement
project C1906 Clearwater Harbor Marina Replacement &
Upgrade, as approved by the Council on May 19, 2022.
7,350,000
2)A transfer of $7,350,000.00 to capital improvement
project ENGF220001, New City Hall.
9,639,695
10,119,758
City of Clearwater
General Fund Expenditures
Mid-Year Amendments
FY 2021/22
Economic Development and
Housing
CRA Administration
Planning & Development
Police
Net General Fund Expenditure
Parks & Recreation
4
2021/22 Variance %2021/22
1 Qtr Amended Year to Date YTD Actual vs.YTD vs.Proposed MY Amended
Budget Actual Amended Bud Budget Amendment Budget
General Fund Revenues
Ad Valorem Taxes 72,648,340 68,665,775 3,982,565 95%- 72,648,340
Utility Taxes 17,270,000 7,322,210 9,947,790 42%- 17,270,000
Local Option, Fuel
and Other Taxes 6,080,000 3,324,941 2,755,059 55%- 6,080,000
Franchise Fees 10,527,550 4,169,408 6,358,142 40%- 10,527,550
Other Permits & Fees 2,808,500 2,430,620 377,880 87%400,000 3,208,500
Intergovernmental 24,399,380 10,951,049 13,448,331 45%- 24,399,380
Charges for Services 15,799,810 7,791,264 8,008,546 49%- 15,799,810
Judgments, Fines
and Forfeitures 1,429,000 607,346 821,654 43%- 1,429,000
Miscellaneous Revenues 2,719,226 2,688,687 30,539 99%- 2,719,226
Transfers In 11,395,080 6,387,961 5,007,119 56%30,063 11,425,143
Total Revenues 165,076,886 114,339,260 50,737,626 69%430,063 165,506,949
Transfer (to) from Surplus 3,741,980 3,741,980 9,689,695 13,431,675
Adjusted Revenues 168,818,866 114,339,260 54,479,606 68%10,119,758 178,938,624
General Fund Expenditures
City Council 419,450 229,832 189,618 55%- 419,450
City Manager's Office 1,485,384 700,296 785,088 47%- 1,485,384
City Attorney's Office 1,966,428 905,953 1,060,475 46%- 1,966,428
City Audit 233,764 111,098 122,666 48%- 233,764
City Clerk 1,307,156 703,759 603,397 54%- 1,307,156
CRA Administration 619,304 261,859 357,445 42%- 619,304
Economic Development
and Housing 1,992,554 1,204,398 788,156 60%50,000 2,042,554
Engineering 8,492,000 3,650,060 4,841,940 43%- 8,492,000
Fire 31,289,534 17,343,516 13,946,018 55%- 31,289,534
Finance 2,800,310 1,209,293 1,591,017 43%- 2,800,310
Human Resources 1,904,855 717,670 1,187,185 38%- 1,904,855
Library 8,416,841 3,975,939 4,440,902 47%- 8,416,841
Non-Departmental 11,854,656 10,460,813 1,393,843 88%9,639,695 21,494,351
Parks & Recreation 37,206,825 20,675,230 16,531,595 56%- 37,206,825
Planning & Development 7,057,846 3,421,950 3,635,896 48%400,000 7,457,846
Police 50,099,334 27,136,209 22,963,125 54%30,063 50,129,397
Public Communications 1,274,555 556,179 718,376 44%- 1,274,555
Public Utilities 398,070 191,843 206,227 48%- 398,070
Total Expenditures 168,818,866 93,455,897 75,362,969 55%10,119,758 178,938,624
For the Six Month Period of October 1, 2021- March 31, 2022
GENERAL FUND
MID-YEAR REVIEW
5
2021/22 Variance %2021/221 Qtr Amended Mid-Year YTD Actual vs.YTD vs.Proposed MY Amended
Budget Actual Adopted Bud Budget Amendment Budget
WATER & SEWER FUND
Water & Sewer Revenues:
Charges for Service 97,290,030 50,396,572 46,893,458 52%- 97,290,030
Judgments, Fines and Forfeits 271,000 190,383 80,617 70%- 271,000
Miscellaneous 1,010,000 863,825 146,175 86%- 1,010,000
Transfers In - - - ~- -
Fund Equity 11,680,680 - 11,680,680 0%- 11,680,680
Total Revenues 110,251,710 51,450,780 58,800,930 47%- 110,251,710
Water & Sewer Expenditures:
Public Utilities Administration 2,036,598 977,518 1,059,080 48%- 2,036,598
Wastewater Collection 15,789,628 12,927,845 2,861,783 82%- 15,789,628
Public Utilities Maintenance 8,503,140 5,234,423 3,268,717 62%- 8,503,140
WPC / Plant Operations 29,942,959 20,760,958 9,182,001 69%- 29,942,959
WPC / Laboratory Operations 546,103 270,649 275,454 50%- 546,103
WPC / Industrial Pretreatment 1,048,590 439,332 609,258 42%- 1,048,590
Water Distribution 25,566,884 19,114,958 6,451,926 75%- 25,566,884
Water Supply 22,115,654 15,133,736 6,981,918 68%- 22,115,654
Reclaimed Water 4,702,154 3,210,808 1,491,346 68%- 4,702,154
Total Expenditures 110,251,710 78,070,228 32,181,482 71%- 110,251,710
Increase/
(Decrease)Amendment Description:
Water and Sewer Fund
Revenues:-
Water and Sewer Fund
Expenditures:-
At mid year, anticipated revenues of the Water and Sewer Fund equal anticipated expenditures for fiscal year 2021/22.
No amendments are proposed to Water and Sewer
Fund revenues at mid year.
No amendments are proposed to Water and Sewer
Fund expenditures at mid year.Expenditures reflect
71%of total budget due to transfers to the capital fund
which happen in the first period of the year.
For the Six Month Period of October 1, 2021 to March 31, 2022
UTILITY FUNDS
MID-YEAR REVIEW
6
2021/22 Variance %2021/221 Qtr Amended Mid-Year YTD Actual vs.YTD vs.Proposed MY Amended
Budget Actual Adopted Bud Budget Amendment Budget
For the Six Month Period of October 1, 2021 to March 31, 2022
UTILITY FUNDS
MID-YEAR REVIEW
STORMWATER FUND
Stormwater Revenues:
Charges for Service 17,019,900 8,529,484 8,490,416 50%- 17,019,900
Judgments, Fines and Forfeits 73,000 38,032 34,968 52%- 73,000
Miscellaneous 281,560 200,158 81,402 71%- 281,560
Transfers In - - - ~- -
Fund Equity 6,668,180 - 6,668,180 0%- 6,668,180
Total Revenues 24,042,640 8,767,673 15,274,967 36%- 24,042,640
Stormwater Expenditures:
Stormwater Management 18,331,501 16,687,910 1,643,591 91%- 18,331,501
Stormwater Maintenance 5,711,139 2,539,208 3,171,931 44%- 5,711,139
Total Expenditures 24,042,640 19,227,118 4,815,522 80%- 24,042,640
Increase/
(Decrease)Amendment Description:
Stormwater Fund Revenues:-
Stormwater Fund Expenditures:-
No amendments are proposed to Stormwater Fund
revenues at mid year.
No amendments are proposed to Stormwater Fund
expenditures at mid year.Expenditures reflect 80%of
total budget due to transfers to the capital fund which
happen in the first period of the year.
At mid year, anticipated revenues of the Stormwater Fund equal anticipated expenditures for fiscal year 2021/22.
7
2021/22 Variance %2021/221 Qtr Amended Mid-Year YTD Actual vs.YTD vs.Proposed MY Amended
Budget Actual Adopted Bud Budget Amendment Budget
For the Six Month Period of October 1, 2021 to March 31, 2022
UTILITY FUNDS
MID-YEAR REVIEW
GAS FUND
Gas Revenues:
Charges for Service 48,761,009 23,980,535 24,780,474 49%6,649,500 55,410,509
Judgments, Fines and Forfeits 100,000 45,840 54,160 46%- 100,000
Miscellaneous 374,691 135,059 239,632 36%(147,183) 227,508
Transfers In - - - ~660 660
Fund Equity - - - ~- -
Total Revenues 49,235,700 24,161,434 25,074,266 49%6,502,977 55,738,677
Gas Expenditures:
Administration & Supply 22,687,939 13,440,534 9,247,405 59%6,328,965 29,016,904
Pinellas Gas Operations 12,318,997 8,245,670 4,073,327 67%188,783 12,507,780
Pasco Gas Operations 7,514,340 5,444,737 2,069,603 72%- 7,514,340
Marketing & Sales 6,655,694 4,043,809 2,611,885 61%(55,803) 6,599,891
Total Expenditures 49,176,970 31,174,750 18,002,220 63%6,461,945 55,638,915
Increase/
(Decrease)Amendment Description:
Gas Fund Revenues:6,502,977
Gas Fund Expenditures:6,461,945
At mid year, anticipated revenues of the Gas Fund exceed anticipated expenditures by $99,762 for fiscal year 2021/22.
At mid year,amendments to Gas Fund revenues reflect
a net increase of $6,502,977.00.Amendments include:
1)a net increase of $6,649,500.00 to various sales
revenues to adjust to bring the budget in line with
projected sales activity for the year;2)a decrease to
miscellaneous revenues of $147,183.00 for land
dispositions,and 3)an increase of $660.00 to transfer
in revenue to recognize safety award funding from the
Central Insurance Fund.
At mid year,Gas Fund expenditures reflect 63%of total
budget primarily due to transfers to the capital fund
which happen in the first period of the year.
Amendments reflect a net increase of $6,461,945.00
which include:1)a net increase of $6,711,900.00 to
various operating codes for the increase of gas
commodities for resale;2)a net decrease of
$300,000.00 to inter-fund transfers for gas dividend
payment;3)a net increase of $49,385.00 to various
operating codes to adjust the budget,bringing it in line
with actuals; and 4) an increase of $660.00 to employee
recognition for receipt of the 2nd quarter FY22 safety
award.
8
2021/22 Variance %2021/221 Qtr Amended Mid-Year YTD Actual vs.YTD vs.Proposed MY Amended
Budget Actual Adopted Bud Budget Amendment Budget
For the Six Month Period of October 1, 2021 to March 31, 2022
UTILITY FUNDS
MID-YEAR REVIEW
SOLID WASTE AND RECYCLING FUND
Solid Waste Revenues:
Other Permits and Fees 1,000 1,977 (977) 198%- 1,000
Charges for Service 26,060,000 13,694,088 12,365,912 53%- 26,060,000
Judgments, Fines and Forfeits 95,000 52,033 42,967 55%- 95,000
Miscellaneous 533,000 356,413 176,587 67%- 533,000
Transfers In - - - ~- -
Solid Waste Revenues 26,689,000 14,104,511 12,584,489 53%- 26,689,000
Recycling Revenues:
Other Permits and Fees 280 - 280 0%- 280
Intergovernmental - 83,528 (83,528) ~- -
Charges for Service 2,465,000 1,370,551 1,094,449 56%- 2,465,000
Judgments, Fines and Forfeits 8,000 4,974 3,026 62%- 8,000
Miscellaneous 204,000 260,276 (56,276) 128%- 204,000
Transfers In - - - ~- -
Recycling Revenues 2,677,280 1,719,328 957,952 64%- 2,677,280
Fund Equity - - - ~- -
Total Revenues 29,366,280 15,823,839 13,542,441 54%- 29,366,280
Solid Waste Expenditures:
Collection 18,875,351 9,051,084 9,824,267 48%- 18,875,351
Transfer 2,368,119 1,185,736 1,182,383 50%- 2,368,119
Container Maintenance 993,626 501,008 492,618 50%- 993,626
Administration 1,050,974 489,614 561,360 47%- 1,050,974
Solid Waste Expenditures 23,288,070 11,227,441 12,060,629 48%- 23,288,070
Recycling Expenditures:
Residential 1,577,272 609,449 967,823 39%- 1,577,272
Multi-Family 434,888 188,295 246,593 43%- 434,888
Commercial 2,743,890 1,826,805 917,085 67%- 2,743,890
Recycling Expenditures 4,756,050 2,624,548 2,131,502 55%- 4,756,050
Total Expenditures 28,044,120 13,851,989 14,192,131 49%- 28,044,120
Increase/
(Decrease)Amendment Description:
Solid Waste and Recycling Fund
Revenues:-
Solid Waste and Recycling Fund
Expenditures:-
No amendments are proposed to Solid Waste and
Recycling Fund revenues at mid year.
No amendments are proposed to Solid Waste and
Recycling Fund expenditures at mid year.
At mid year, anticipated revenues of the Solid Waste and Recycling Fund exceed anticipated expenditures by $1,322,160
for fiscal year 2021/22.
9
2021/22 Mid-Year Variance %2021/22
1 Qtr Amended Year to Date YTD Actual vs.YTD vs.Proposed MY Amended
Budget Actual Adopted Bud Budget Amendment Budget
MARINE FUND
Marine Revenues:
Intergovernmental - - - ~- -
Charges for Service 5,211,800 2,871,019 2,340,781 55%1,200,000 6,411,800
Judgments, Fines and Forfeits 3,200 500 2,700 16%- 3,200
Miscellaneous Revenue 136,000 85,850 50,150 63%- 136,000
Transfers In - - - ~- -
Fund Equity 372,810 - 372,810 0%(200,000) 172,810
Total Revenues 5,723,810 2,957,368 2,766,442 52%1,000,000 6,723,810
Marine Expenditures:
Marina Operations 5,723,810 3,451,385 2,272,425 60%1,000,000 6,723,810
Total Expenditures 5,723,810 3,451,385 2,272,425 60%1,000,000 6,723,810
Increase/
(Decrease)Amendment Description:
Marine Fund Revenues:1,000,000
Marine Fund Expenditures:1,000,000
At mid year, anticipated revenues of the Marine Fund equal anticipated expenditures for fiscal year 2021/22.
Amendments to Marine Fund revenues reflect a net
increase of $1,000,000.00.Amendments include:1)
an increase of $600,000.00 to gas sales;2)an
increase of $600,000.00 to diesel sales;and 3)a
decrease of $200,000.00 to fund equity as planned
use of reserves will be offset by this increased
revenue.
Amendments to Marine Fund expenditures reflect
an increase of $1,000,000.00 to cost of goods sold to
cover increased cost of marine fuel for resale.These
expenditures will be offset by increased fuel sale
revenues.
For the Six Month Period of October 1, 2021 - March 31, 2022
ENTERPRISE FUNDS
MID-YEAR REVIEW
10
2021/22 Mid-Year Variance %2021/22
1 Qtr Amended Year to Date YTD Actual vs.YTD vs.Proposed MY Amended
Budget Actual Adopted Bud Budget Amendment Budget
For the Six Month Period of October 1, 2021 - March 31, 2022
ENTERPRISE FUNDS
MID-YEAR REVIEW
CLEARWATER HARBOR MARINA FUND
Clearwater Harbor Marina Revenues:
Intergovernmental - - - ~- -
Charges for Service 900,630 510,503 390,127 57%- 900,630
Judgments, Fines and Forfeits 1,600 100 1,500 6%- 1,600
Miscellaneous Revenue 26,500 18,295 8,205 69%- 26,500
Transfers In - - - ~- -
Fund Equity - - - ~- -
Total Revenues 928,730 528,898 399,832 57%- 928,730
Clearwater Harbor Marina Expenditures
Clearwater Harbor Marina Operations 909,680 472,063 437,618 52%- 909,680
Total Expenditures 909,680 472,063 437,618 52%- 909,680
Increase/
(Decrease)Amendment Description:
Clearwater Harbor Marina Fund
Revenues:-
Clearwater Harbor Marina Fund
Expenditures:-
No amendments are proposed to Clearwater Harbor
Marina Fund revenues at mid year.
No amendments are proposed to Clearwater Harbor
Marina Fund expenditures at mid year.
At mid year, anticipated revenues of the Clearwater Harbor Marina Fund exceed anticipated expenditures by $19,050 for
fiscal year 2021/22.
11
2021/22 Mid-Year Variance %2021/22
1 Qtr Amended Year to Date YTD Actual vs.YTD vs.Proposed MY Amended
Budget Actual Adopted Bud Budget Amendment Budget
For the Six Month Period of October 1, 2021 - March 31, 2022
ENTERPRISE FUNDS
MID-YEAR REVIEW
AIRPARK FUND
Airpark Revenues:
Intergovernmental - - - ~- -
Charges for Service 18,000 7,466 10,534 41%- 18,000
Miscellaneous Revenue 332,000 143,847 188,153 43%- 332,000
Transfers In - - - ~- -
Fund Equity - - - ~- -
Total Revenues 350,000 151,313 198,687 43%- 350,000
Airpark Expenditures:
Airpark Operations 333,690 160,342 173,348 48%- 333,690
Total Expenditures 333,690 160,342 173,348 48%- 333,690
Increase/
(Decrease)Amendment Description:
Airpark Fund Revenues:-
Airpark Fund Expenditures:-
At mid year, anticipated revenues of the Airpark Fund exceed anticipated expenditures by $16,310 for fiscal year 2021/22.
No amendments are proposed to Airpark Fund
revenues at mid year.
No amendments are proposed to Airpark Fund
expenditures at mid year.
12
2021/22 Mid-Year Variance %2021/22
1 Qtr Amended Year to Date YTD Actual vs.YTD vs.Proposed MY Amended
Budget Actual Adopted Bud Budget Amendment Budget
For the Six Month Period of October 1, 2021 - March 31, 2022
ENTERPRISE FUNDS
MID-YEAR REVIEW
PARKING FUND
Parking Revenues:
Charges for Service 8,600,430 4,297,477 4,302,953 50%- 8,600,430
Judgments, Fines and Forfeits 818,650 611,997 206,653 75%- 818,650
Miscellaneous Revenue 125,000 103,237 21,763 83%- 125,000
Transfers In 102 102 - 100%- 102
Fund Equity - - - ~- -
Total Revenues 9,544,182 5,012,814 4,531,368 53%- 9,544,182
Parking Expenditures
Engineering/Parking System 4,671,650 2,491,137 2,180,513 53%1,500,000 6,171,650
Engineering/Parking Enforcement 980,857 413,970 566,887 42%- 980,857
Fire Dept/Beach Guards 1,059,762 512,131 547,631 48%- 1,059,762
Seminole Street Boat Ramp 140,663 59,509 81,154 42%- 140,663
Total Expenditures 6,852,932 3,476,746 3,376,186 51%1,500,000 8,352,932
Increase/
(Decrease)Amendment Description:
Parking Fund Revenues:-
Parking Fund Expenditures:1,500,000
No amendments are proposed to Parking Fund
revenues at mid year.
At mid year,amendments to Parking Fund
expenditures reflect a transfer of $1,500,000.00 to
capital improvement project ENPK180003,Parking
Facilities,as approved by the Council on March 17,
2022.
At mid year, anticipated revenues of the Parking Fund exceed anticipated expenditures by $1,191,250 for fiscal year
2021/22.
13
2021/22 Mid-Year Variance %2021/22
1 Qtr Amended Year to Date YTD Actual vs.YTD vs.Proposed MY Amended
Budget Actual Adopted Bud Budget Amendment Budget
GENERAL SERVICES FUND
General Services Revenues:
Charges for Service 6,046,260 3,060,877 2,985,383 51%- 6,046,260
Miscellaneous Revenues 100,000 72,888 27,112 73%- 100,000
Transfers In - - - ~- -
Fund Equity - - - ~- -
Total Revenues 6,146,260 3,133,765 3,012,495 51%- 6,146,260
General Services Expenditures:
Administration 468,795 236,401 232,394 50%- 468,795
Building & Maintenance 5,677,465 2,268,008 3,409,457 40%- 5,677,465
Total Expenditures 6,146,260 2,504,408 3,641,852 41%- 6,146,260
Increase/
(Decrease)Amendment Description:
General Services Fund Revenues:-
General Services Fund Expenditures:-
For the Six Month Period of October 1, 2021 - March 31, 2022
INTERNAL SERVICE FUNDS
MID-YEAR REVIEW
At mid year, anticipated revenues of the General Services Fund equal anticipated expenditures for fiscal year 2021/22.
No amendments are proposed to General Services
Fund revenues at mid year.
No amendments are proposed to General Services
Fund expenditures at mid year.
14
2021/22 Mid-Year Variance %2021/22
1 Qtr Amended Year to Date YTD Actual vs.YTD vs.Proposed MY Amended
Budget Actual Adopted Bud Budget Amendment Budget
For the Six Month Period of October 1, 2021 - March 31, 2022
INTERNAL SERVICE FUNDS
MID-YEAR REVIEW
ADMINISTRATIVE SERVICES FUND
Administrative Services Revenues:
Charges for Service 14,179,530 7,042,725 7,136,805 50%- 14,179,530
Miscellaneous Revenues 75,000 60,017 14,983 80%- 75,000
Transfers In 204 204 - 100%- 204
Fund Equity 771,250 - 771,250 0%- 771,250
Total Revenues 15,025,984 7,102,946 7,923,038 47%- 15,025,984
Administrative Services Expenditures:
Info Tech / Admin 475,752 222,872 252,880 47%- 475,752
Info Tech / Network Ops & User Suport 5,243,321 2,175,937 3,067,384 41%- 5,243,321
Info Tech / Network Security & Architecture - 129,117 (129,117) ~- -
Info Tech / Solutions & Programming 3,401,594 1,888,960 1,512,634 56%- 3,401,594
Info Tech / Telecommunications 1,807,617 1,262,245 545,372 70%- 1,807,617
Info Tech / Enterprise Systems & Training - 43,875 (43,875) ~- -
Public Comm / Courier 190,860 72,917 117,943 38%- 190,860
Clearwater Customer Service 3,906,840 1,753,099 2,153,741 45%- 3,906,840
Total Expenditures 15,025,984 7,549,023 7,476,961 50%- 15,025,984
Increase/
(Decrease)Amendment Description:
Administrative Services Fund Revenues:-
Administrative Services Fund Expenditures:-
At mid year, anticipated revenues of the Administrative Services Fund equal anticipated expenditures for fiscal year 2021/22.
No amendments are proposed to Administrative
Services Fund revenues at mid year.
No amendments are proposed to Administrative
Services Fund expenditures at mid year.
15
2021/22 Mid-Year Variance %2021/22
1 Qtr Amended Year to Date YTD Actual vs.YTD vs.Proposed MY Amended
Budget Actual Adopted Bud Budget Amendment Budget
For the Six Month Period of October 1, 2021 - March 31, 2022
INTERNAL SERVICE FUNDS
MID-YEAR REVIEW
GARAGE FUND
Garage Fund Revenues
Charges for Service 16,698,060 7,972,355 8,725,705 48%- 16,698,060
Miscellaneous Revenues 925,000 382,956 542,044 41%- 925,000
Transfers In - - - ~- -
Fund Equity - - - ~- -
Total Revenues 17,623,060 8,355,311 9,267,749 47%- 17,623,060
Garage Fund Expenditures:
Fleet Maintenance 16,631,707 6,949,977 9,681,730 42%- 16,631,707
Radio Communications 963,473 342,417 621,056 36%- 963,473
Total Expenditures 17,595,180 7,292,394 10,302,786 41%- 17,595,180
Increase/
(Decrease)Amendment Description:
Garage Fund Revenues:-
Garage Fund Expenditures:-
At mid year, anticipated revenues of the Garage Fund equal anticipated expenditures by $27,880 for fiscal year 2021/22.
No amendments are proposed to Garage Fund
revenues at mid year.
No amendments are proposed to Garage Fund
expenditures at mid year.
16
2021/22 Mid-Year Variance %2021/22
1 Qtr Amended Year to Date YTD Actual vs.YTD vs.Proposed MY Amended
Budget Actual Adopted Bud Budget Amendment Budget
For the Six Month Period of October 1, 2021 - March 31, 2022
INTERNAL SERVICE FUNDS
MID-YEAR REVIEW
CENTRAL INSURANCE FUND
Central Insurance Revenues:
Charges for Service 29,719,086 13,822,197 15,896,889 47%- 29,719,086
Miscellaneous Revenues 300,000 307,863 (7,863) 103%- 300,000
Transfers In - - - ~- -
Fund Equity 2,266,444 - 2,266,444 0%- 2,266,444
Total Revenues 32,285,530 14,130,060 18,155,470 44%- 32,285,530
Central Insurance Expenditures:
Finance / Risk Management 417,234 157,914 259,320 38%- 417,234
HR / Employee Benefits 439,346 126,477 312,869 29%- 439,346
HR / Employee Health Clinic 1,721,400 588,555 1,132,845 34%- 1,721,400
Non-Departmental 29,707,550 12,920,185 16,787,365 43%- 29,707,550
Total Expenditures 32,285,530 13,793,132 18,492,398 43%- 32,285,530
Increase/
(Decrease)Amendment Description:
Central Insurance Fund Revenues:-
Central Insurance Fund Expenditures:-
No amendments are proposed to Central Insurance
Fund revenues at mid year.
Amendments to Central Insurance Fund
expenditures reflect a net zero amendment to
transfer quarterly safety award winnings to other
departments.
At mid year, anticipated revenues of the Central Insurance Fund equal anticipated expenditures for fiscal year 2021/22.
17
CAPITAL IMPROVEMENT PROGRAM
Mid-Year Summary
FY 2021/22
18
The amended 2021/22 Capital Improvement Program budget report is submitted for the City Council's mid-year review.
The proposed amendment is a net budget increase in the amount of $12,724,924. This review provides the opportunity
to examine the status of all active projects and present formal amendments to the project budgets. Fiscally significant
budget increases encompassed within this review are as follows:
The City Council did not previously approve the following capital improvement budget activity:
New City Hall – a budget increase of $7,350,000 in General Fund revenues.
P25 Radio Equipment & Infrastructure – a budget increase of $299,000 in reimbursement revenue.
Aerial Truck – a budget increase of $149,566 in county fire reimbursement revenue.
Seminole Boat Ramp – a budget increase of $129,957 in parking revenue.
Pinellas New Mains/Service Lines - a budget increase of $99,994 in property owners share revenue.
Long Center Infrastructure Repairs – a budget increase of $50,000 in donations revenue.
Philip-Jones Restroom/Concessions – a budget decrease of $101,000 in special program fund revenue.
All significant budget increases that have been previously approved by the City Council are listed below:
Project Council Budget Increase Approval
Parking Facilities $ 1,500,000 03/17/22
Park Land Acquisition $ 350,000 05/05/22
Clearwater Harbor Marina Replace & Upgrade $ 2,289,695 05/19/22
Security System Upgrade $ 78,000 05/19/22
Increase/
Amdmt Project (Decrease)Transfer Net Budget
#Number Amount Amount Description Amendment
Computer Monitors - CLOSE PROJECT
1 94833 (25,735)
To record a budget transfer of $25,735.02 in administrative
services revenue to project 94883,Business Process Review
and Improvement. This project will be closed.(25,735)
Business Process Review & Improvement
2 94883 25,735
To record a budget transfer of $25,735.02 in administrative
services revenue from project 94833, Computer Monitors. 25,735
New City Hall
3 ENGF220001 7,350,000 2,000,000
To record a budget transfer of $2,000,000.00 in
infrastructure sales tax revenue from project 96212,
Sanitary Sewer Upgrades/Improvement as approved by
City Council on March 3,2022;and a transfer of
$7,350,000.00 from General Fund reserves to provide
funding for the project.9,350,000
P25 Radio Equipment & Infrastructure
4 L2001 299,000
To record a budget increase of $299,000.00 in
reimbursement revenue for a trade in credit,as approved
by City Council on April 7, 2022.299,000
Aerial Truck
5 91244 149,566
To record a budget increase of $149,566.40 of county fire
tax reimbursement revenue to bring the budget in line with
revenues received.149,566
Line Relocation-Pinellas Maintenance
6 96365 5,273
To record a budget increase of $5,273.45 in property
owner share revenue to bring the budget in line with
revenues received.5,273
Line Relocation - Pasco Maintenance
7 96376 2,244
To record a budget increase of $2,243.73 in property
owner share revenue to bring the budget in line with
revenues received.2,244
Pinellas New Mains / Service Lines
8 96377 99,994
To record a budget increase of $99,993.76 in property
owner share revenue to bring the budget in line with
revenues received.99,994
Pasco New Mains / Service Lines
9 96378 2,352
To record a budget increase of $2,351.50 in property
owner share revenue to bring the budget in line with
revenues received.2,352
CAPITAL IMPROVEMENT PROGRAM
Mid-Year Amendments
FY 2021/22
19
Increase/
Amdmt Project (Decrease)Transfer Net Budget
#Number Amount Amount Description Amendment
CAPITAL IMPROVEMENT PROGRAM
Mid-Year Amendments
FY 2021/22
Sanitary Sewer Upgrades/Improvements
10 96212 (2,000,000)
To record a budget transfer of $2,000,000.00 of
infrastructure sales tax revenue to project ENGF220001,
New City Hall,as approved by City Council on March 3,
2022.(2,000,000)
System R & R - Maintenance
11 96721 1,000,000
To record a budget transfer of $1,000,000.00 in water
revenue from project 96783,Water System
Upgrades/Improvement,as approved by City Council on
May 5, 2022.1,000,000
Water System Upgrades/Improvement
12 96783 (1,000,000)
To record a budget transfer of $1,000,000.00 in water
revenue to project 96721,System R&R Maintenance,as
approved by City Council on May 5, 2022.(1,000,000)
Pollutant Storage Tank - CLOSE PROJECT
13 ENGF180010 (376,028)
To record a budget transfer of $376,028.48 in General Fund
revenue to project ENGF180011,Environmental
Assessment & Clean-up. This project will be closed.(376,028)
Environmental Assessment & Clean-up
14 ENGF180011 376,028
To record a budget transfer of $376,028.48 in General Fund
revenue from project ENGF180010, Pollutant Storage Tank. 376,028
Traffic Calming - CLOSE PROJECT
15 ENRD180003 (1,809,477)
To record a budget transfer of $1,809,476.54 to project
ENRD180005,City-Wide Intersection Improvements.This
project will be closed.(1,809,477)
City-Wide Intersection Improvement
16 ENRD180005 1,809,477
To record a budget transfer of $1,809,476.54 from project
ENRD180003, Traffic Calming. 1,809,477
Security System Upgrade
17 G2108 78,000
To record a budget increase of $65,000.00 in FDOT Grant
revenue,and a transfer of $13,000.00 in administrative
service revenue from project 94729,City-wide Connect
Infrastructure,as approved by City Council on May 19,
2022.78,000
Parking Facilities
18 ENPK180003 1,500,000
To record a budget increase of $1,500,000.00 in parking
revenue for MSB garage rehabilitation,as approved by the
City Council on March 17, 2022.1,500,000
20
Increase/
Amdmt Project (Decrease)Transfer Net Budget
#Number Amount Amount Description Amendment
CAPITAL IMPROVEMENT PROGRAM
Mid-Year Amendments
FY 2021/22
Seminole Boat Ramp
19 M2102 129,957
To record a budget increase of $129,957.46 in parking
revenues representing net operating revenues from fiscal
year 2020/21.This will bring the project budget in line with
revenues received.129,957
Library FF&E Repair & Replacement
20 93534 (150,000)
To record a budget decrease of $150,000.00 in General
Fund revenue to new project C2211,Main Library
Renovation.(150,000)
Main Library Renovation - NEW PROJECT
21 C2211 150,000
To record a budget increase of $150,000.00 in General
Fund revenue from project 93534,Library FF&E Repair and
Replacement.150,000
Park Land Acquisition
22 93133 350,000
To record a budget increase of $350,000.00 in open space
impact fees from the Special Development fund,as
approved by City Council on May 5, 2022.350,000
Fitness Equipment Replacement - CLOSE PROJECT
23 93247 500 (54,053)
To record a budget increase of $500.00 in reimbursement
revenue;and a budget transfer of $54,053.35 in General
Fund revenue to new project M2205,Recreation Center
R&R. This project will be closed.(53,553)
Swimming Pool R&R - CLOSE PROJECT
24 93271 (147,745)
To record a budget transfer of $147,745.01 in General Fund
revenue to new project M2205,Recreation Center R&R.
This project will be closed.(147,745)
Parking Lot/Bike Path Rest/Impv - CLOSE PROJECT
25 93286 (376,291)
To record a budget transfer of $376,291.45 in General Fund
revenue to new project M2206,Parks &Beautification
R&R. This project will be closed.(376,291)
Boardwalks & Docks Repair & Repl - CLOSE PROJECT
26 93604 (13,497)
To record a budget transfer of $13,497.32 in General Fund
revenue to new project M2206,Parks &Beautification
R&R. This project will be closed.(13,497)
Concrete Sidewalk & Pad Repair - CLOSE PROJECT
27 93634 (139,335)
To record a budget transfer of $139,335.22 in General Fund
revenue to new project M2206,Parks &Beautification
R&R. This project will be closed.(139,335)
21
Increase/
Amdmt Project (Decrease)Transfer Net Budget
#Number Amount Amount Description Amendment
CAPITAL IMPROVEMENT PROGRAM
Mid-Year Amendments
FY 2021/22
Park Amenity Purchase & Repl - CLOSE PROJECT
28 93635 (31,513)
To record a budget transfer of $31,512.52 in General Fund
revenue to new project M2206,Parks &Beautification
R&R. This project will be closed.(31,513)
Tennis Court Resurfacing - CLOSE PROJECT
29 93636 (266,665)
To record a budget transfer of $266,665.45 in General Fund
revenue to new project M2207,Athletic Field R&R.This
project will be closed.(266,665)
Playground & Fitness Purch & Rplc - CLOSE PROJECT
30 93637 (20,396)
To record a budget transfer of $20,395.73 in General Fund
revenue to new project M2206,Parks &Beautification
R&R. This project will be closed.(20,396)
Fencing Replacement Program - CLOSE PROJECT
31 93638 (86,016)
To record a budget transfer of $86,016.19 in General Fund
revenue to new project M2207,Athletic Field R&R.This
project will be closed.(86,016)
Parks & Beautification R&R - NEW PROJECT
32 M2206 581,032
To establish the project and record a budget increase of
$581,032.24 representing the following transfers of
General Fund revenue:1)$376,291.45 from project 93286,
Parking Lot/Bike Path Resurface;2)$13,497.32 from
project 93604,Boardwalk &Docks Replacement Repair &
Replacement;3)$139,335.22 from project 93634,Concrete
Sidewalk &Pad Repair;4)$31,512.52 from project 93635,
Park Amenity Purchase &Replacement;and 5)$20,395.73
from project 93637,Playground &Fitness Purchase &
Replacement. 581,032
Carpenter Field-Infra Repair/Improve - CLOSE PROJECT
33 93203 (86,363)
To record a budget transfer of $86,362.62 in General Fund
revenue to new project M2204,Carpenter &BayCare R&R.
This project will be closed.(86,363)
BayCare Ballpark Infrastructure Repair/Improve - CLOSE PROJECT
34 93205 652 (451,044)
To record a budget increase of $652.21 of General Fund
revenue to correct a 1st quarter amendment;and to record
a budget transfer of $451,044.44 in General Fund revenue
to new project M2204,Carpenter &BayCare R&R.This
project will be closed.(450,392)
22
Increase/
Amdmt Project (Decrease)Transfer Net Budget
#Number Amount Amount Description Amendment
CAPITAL IMPROVEMENT PROGRAM
Mid-Year Amendments
FY 2021/22
Long Center Infrastructure Repairs - CLOSE PROJECT
35 93278 50,000 (143,660)
To record a budget increase of $50,000.00 in donations
revenue;and budget transfer of $143,659.92 in General
Fund revenue to new project M2205,Recreation Center
R&R. This project will be closed.(93,660)
Utilities Services Replacement - CLOSE PROJECT
36 93418 (342,258)
To record a budget transfer of $342,257.79 in Marina Fund
revenue to project C1905,Beach Marina Upgrade.This
project will be closed.(342,258)
Sports Field Lighting - CLOSE PROJECT
37 93620 (68,824)
To record a budget transfer of $68,823.66 in General Fund
revenue to new project M2207,Athletic Field R&R.This
project will be closed.(68,824)
Pier 60 Pk & Bchwlk Rep & Improv -CLOSE PROJECT
38 93633 (766,901)
To record a budget transfer of $766,901.03 in General Fund
revenue to new project M2208,Beach Walk/Pier 60 Park
R&R. This project will be closed.(766,901)
Phillip-Jones Restroom/Concessions
39 93642 (101,000)
To record a budget decrease of $101,000.00 of Special
Program Fund revenue to bring the budget in line with
actual receipts.(101,000)
Crest Lake Park Improvement
40 93650 18,690
To record a budget increase of $18,690.47 of General Fund
revenue for equipment purchases,as approved by City
Council on April 7, 2022.18,690
Recreation Center Infrastructure Repairs - CLOSE PROJECT
41 93654 (156,711)
To record a budget transfer of $156,710.67 in General Fund
revenue to new project M2205,Recreation Center R&R.
This project will be closed.(156,711)
Beach Marina Upgrade
42 C1905 500,000 342,258
To record a budget transfer of $342,257.59 in Marina Fund
revenue from project 93418,Utilities Services replacement;
and budget increase of $500,000.00 in General Fund
revenue transferred from project ENGF180006,City-wide
Docks and Seawalls. 842,258
Clearwater Harbor Marina Replacement & Upgrade
43 C1906 2,289,695
To record a budget increase of $2,289,695.00 in General
Fund revenue for wave attenuator construction as
approved by Council on May 19, 2022.2,289,695
23
Increase/
Amdmt Project (Decrease)Transfer Net Budget
#Number Amount Amount Description Amendment
CAPITAL IMPROVEMENT PROGRAM
Mid-Year Amendments
FY 2021/22
Carpenter & BayCare R&R - NEW PROJECT
44 M2204 537,407
To establish the project and record a budget transfer of
$86,362.62 in General Fund revenue from project 93203,
Carpenter Field-Infrastructure Replacement/Improvement
and $451,044.44 from project 93205,BayCare Ballpark
Infrastructure Replacement/Improvement. 537,407
Recreation Center R&R - NEW PROJECT
45 M2205 502,169
To establish the project and record a budget increase of
$502,169.95 representing the following transfers of
General Fund revenue:1)$54,053.35 from project 93247,
Fitness Equipment Replacement;2)$147,745.01 from
project 93271,Swimming Pool R&R;3)$143,659.92 from
project 93278,Long Center Infrastructure Repairs;and 4)
$156,710.67 from project 93654,Recreation Centers
Infrastructure Repairs. 502,169
Athletic Field R&R - NEW PROJECT
46 M2207 421,505
To establish the project and record a budget increase of
$421,505.30 representing the following transfers of
General Fund revenue:1)$68,823.66 from project 93620,
Sports Field Lighting;2)$266,665.45 from project 93636,
Tennis Court Resurfacing;and 3)$86,016.19 from project
93638, Fencing Replacement Program. 421,505
Beach Walk/Pier 60 Park R&R - NEW PROJECT
47 M2208 766,901
To establish the project and record an increase of
$766,901.03 in General Fund revenue transferred from
project 93633,Pier 60 Park &Beachwalk Replacement &
Improvement. 766,901
12,724,924 (0) - 12,724,924 TOTAL
24
Increase/
Amdmt Project (Decrease)Transfer Net Budget
#Number Amount Amount Description Amendment
CAPITAL IMPROVEMENT PROGRAM
Mid-Year Amendments
FY 2021/22
City-wide Connect Infrastructure
94729 13,000
To record a transfer of $13,000.00 of Administrative
Service revenue to project G2108,Security System
Upgrade, as approved by City Council on May 19, 2022.
Command Bus Refurbishment
P1803 30,063
To record a budget transfer of $30,063.00 of General Fund
revenue returned to the General Fund for Police vehicle
refurbishment,as approved by City Council on April 7,2022
.
City-wide Docks and Seawalls
ENGF180006 500,000
To record a budget transfer of $250,000.00 in General Fund
revenue to project C1905, Beach Marina Upgrade.
TOTAL INTERFUND TRANSFERS:543,063
INTERFUND TRANSFERS
25
CAPITAL IMPROVEMENT PROGRAM
PROGRAM & STATUS SUMMARY
MID-YEAR: October 1, 2021 to March 31, 2022
Budget Amended Revised Project Open Available Amend
Description 10/1/21 Prev Qtr Amdmts Budget To Date Encumbrance Balance Status Ref
Other General Government
93535 Countryside Library Demolition 75,000 75,000 - 75,000 - - 75,000
94233 Motorized Equip-Cash 2,473,945 2,473,945 - 2,473,945 2,340,860 55,045 78,040
94246 Fleet Management & Mapping 710,000 710,000 - 710,000 598,888 - 111,112
94729 City-wide Connect Infra 4,423,089 4,423,089 - 4,423,089 3,726,372 - 696,718
94736 Geographic Information Sys 1,210,997 1,210,997 - 1,210,997 954,455 - 256,542
94828 Financial Systems Upgrades 4,158,165 4,158,165 - 4,158,165 2,805,032 39,664 1,313,469
94829 CIS Upgrades / Replacement 1,382,376 1,382,376 - 1,382,376 439,168 - 943,208
94830 MS Licensing / Upgrades 1,200,000 1,200,000 - 1,200,000 842,601 - 357,399
94833 Computer Monitors 429,828 429,828 (25,735) 404,093 404,093 - - C 1
94850 Backfile Conversion of Records 500,000 500,000 - 500,000 192,043 - 307,957
94857 Accela Permit & Code Enforce 400,000 400,000 - 400,000 304,871 23,642 71,488
94873 Citywide Camera System 360,000 360,000 - 360,000 221,664 - 138,336
94874 City Enterprise Timekeep Sys 360,000 360,000 - 360,000 202,802 - 157,198
94880 Granicus Agenda Mgt Sys 210,000 210,000 - 210,000 41,136 - 168,864
94883 Business Proc Review & Improve 800,000 800,000 25,735 825,735 311,925 - 513,810 2
94888 City EOC & Disaster Recovery Fac 3,360,000 3,360,000 - 3,360,000 3,134,363 40,537 185,099
C1901 Beach Radio Tower 852,370 852,370 - 852,370 - - 852,370
C2004 Lift Stations - General Gov 2,160,000 2,160,000 - 2,160,000 176,562 - 1,983,438
C2006 ADA Transition Plan 900,000 900,000 - 900,000 174,812 - 725,188
C2007 Citywide Audio/Visual Solutions 265,053 265,053 - 265,053 - - 265,053
C2101 North Ward Preservation 77,920 77,920 - 77,920 58,665 - 19,255
C2106 Greenprint Implementation 320,000 620,000 - 620,000 - - 620,000
ENGF220001 New City Hall 350,300 350,300 9,350,000 9,700,300 - - 9,700,300 3
GSBM180001 Air Cond Replace-City Wide 1,779,436 1,779,436 - 1,779,436 980,789 32,132 766,515
GSBM180002 Flooring for Facilities 1,477,837 1,477,837 - 1,477,837 873,634 31,746 572,457
GSBM180003 Roof Repair and Replacement 2,304,213 2,604,213 - 2,604,213 1,582,406 222,801 799,006
GSBM180004 Painting of Facilities 792,923 792,923 - 792,923 235,630 82,356 474,936
GSBM180005 Fencing of Facilities 173,170 173,170 - 173,170 73,199 - 99,970
GSBM180006 Light Replacement & Repair 728,197 728,197 - 728,197 312,726 - 415,470
GSBM180007 Elevator Refurbish/Modern 760,576 760,576 - 760,576 11,118 - 749,458 GSBM180008 Building Systems 2,018,377 1,718,377 - 1,718,377 809,035 525 908,817
GSBM180009 New A/C Chiller System 5,200,000 5,200,000 - 5,200,000 1,752,713 - 3,447,287
GSBM180010 General Services R&R 500,000 500,000 - 500,000 212,670 - 287,330
GSBM180011 Generator Maintenance 650,000 650,000 - 650,000 - - 650,000
GSBM180012 General Faci Bldg Major Reno 2,185,242 2,185,242 - 2,185,242 256,834 - 1,928,409
GSFL180001 Fleet Facility R&R 644,520 644,520 - 644,520 81,990 4,074 558,456
L1902 B&M Vehicle & Equipment 65,000 65,000 - 65,000 35,046 - 29,955
L1906/M2202 Telecommunications Upgrade 1,769,047 1,769,047 - 1,769,047 - 1,769,047
L1907/M1911 IT Disaster Recovery 480,396 480,396 480,396 57,869 - 422,527
L1908/M1912 Network Infra & Server R&R 2,341,417 2,341,417 - 2,341,417 1,343,419 13,722 984,276
L1910 Motorized Equip Replace - LP 17,437,127 17,437,127 - 17,437,127 12,146,602 3,795,448 1,495,077
L1911 Garage - Off Cycle Replacements 500,000 500,000 - 500,000 205,544 - 294,456
M1914 Sustainability Initiatives 200,000 200,000 - 200,000 127,710 19,000 53,290
M2007 City EOC Maintenance 100,000 100,000 - 100,000 - - 100,000
L2001/M2010 P25 Radio Equipment & Infrast 2,543,104 3,208,104 299,000 3,507,104 2,821,544 42,400 643,160 4
M2201 Studio/Production Eqp.25,000 26,344 - 26,344 - - 26,344
Sub-Total 71,654,624 72,620,968 9,649,000 82,269,968 40,850,792 4,403,091 37,016,085
Police Protection
94238 Police Vehicles 2,602,032 2,602,032 - 2,602,032 2,491,068 - 110,964 C2201 Police CAD Replacement 900,000 900,000 - 900,000 - - 900,000 C2206 PD Equipment Facility 750,000 750,000 - 750,000 - - 750,000 P1802 Police Equipment Replacement 679,686 679,686 - 679,686 503,275 31,973 144,437 P1803 Command Bus Refurbishment 200,000 200,000 200,000 121,055 32,488 46,457 P1902 Police Information Systems 425,000 425,000 - 425,000 357,945 - 67,055 P2102 Training Range Sound Mitigation 820,000 820,000 - 820,000 787,787 15,408 16,805 PD00180001 Police District 3 Station 13,050,000 13,050,000 - 13,050,000 5,488,188 7,154,191 407,621 Sub-Total 19,426,718 19,426,718 - 19,426,718 9,749,317 7,234,061 2,443,340
Actual Expenditures
26
CAPITAL IMPROVEMENT PROGRAM
PROGRAM & STATUS SUMMARY
MID-YEAR: October 1, 2021 to March 31, 2022
Budget Amended Revised Project Open Available Amend
Description 10/1/21 Prev Qtr Amdmts Budget To Date Encumbrance Balance Status Ref
Actual Expenditures
Fire Protection
91218 Fire Engine Replacement 3,520,566 3,520,566 - 3,520,566 3,482,241 718,190 (679,864)
91244 Aerial Truck 3,218,514 3,218,514 149,566 3,368,080 2,653,479 - 714,601 5
91260 Thermal Imaging Cameras 295,270 295,270 - 295,270 148,954 - 146,316
91261 Personal Protection Equip 2,564,250 2,564,250 - 2,564,250 2,001,085 - 563,165
91262 SCBA Upgrade - Fill Station 125,000 125,000 - 125,000 82,366 - 42,634
91264 Fire Hose Replacement 516,010 516,010 - 516,010 301,045 15,426 199,539
91271 Fire Boat 1,008,363 1,008,363 - 1,008,363 694,171 - 314,192
C2207 FD Equipment Facility 750,000 750,000 - 750,000 - - 750,000
FD00190001 Fire Station 46 - Beach 6,372,693 10,350,693 - 10,350,693 1,309,766 8,414,896 626,032
FD00190002 Fire Station 47 Replacement 4,839,441 4,839,441 - 4,839,441 1,195,432 117,800 3,526,208
M2005 Fire Training Tower 225,286 225,286 - 225,286 52,987 - 172,299
Sub-Total 23,435,392 27,413,392 149,566 27,562,958 11,921,526 9,266,311 6,375,121
91229 Replace & Upgrade Airpacks 1,201,680 1,201,680 - 1,201,680 888,659 - 313,021
91236 Rescue Vehicle 602,500 602,500 - 602,500 275,930 219,850 106,720
91257 AED Program 293,510 293,510 - 293,510 269,334 14,000 10,176
91263 Extrication Tools 177,000 177,000 - 177,000 125,708 - 51,292
ENGF190002 Beach Guard Tower 258,239 258,239 258,239 90,033 - 168,205
ENGF200002 Beach Guard Admin Building 85,000 85,000 - 85,000 47,330 - 37,670
Sub-Total 2,617,929 2,617,929 - 2,617,929 1,696,994 233,850 687,085
Gas Utility Services
96358 Environmental Remediation 2,134,794 2,134,794 - 2,134,794 1,848,086 41,665 245,043
96365 Line Relocation-Pinellas Maint 806,106 806,106 5,273 811,379 559,924 - 251,455 6
96367 Gas Meter Change Out-Pinellas 4,363,000 4,363,000 - 4,363,000 4,144,959 - 218,041
96374 Line Relocation-Pinellas Capital 3,033,500 3,033,500 - 3,033,500 2,483,467 2,000 548,033
96376 Line Relocation - Pasco Maint 334,140 334,140 2,244 336,384 146,186 - 190,198 7
96377 Pinellas New Mains / Serv Lines 39,496,650 39,496,650 99,994 39,596,643 35,856,647 - 3,739,996 8
96378 Pasco New Mains / Serv Lines 25,386,980 25,386,980 2,352 25,389,332 23,052,488 57,775 2,279,068 9
96379 Pasco Gas Meter Change Out 1,392,821 1,392,821 - 1,392,821 857,660 - 535,161
96381 Line Reloc-Pasco-Capitalized 1,539,160 1,539,160 - 1,539,160 1,275,499 786 262,875
96382 Gas Inventory - Work Mgmt Sys 1,742,000 1,742,000 - 1,742,000 856,268 - 885,732
96384 Gas System - Pinellas Building 28,857,855 28,857,855 - 28,857,855 27,846,137 339,958 671,760
96385 Gas Main Extensions 1,807,845 1,807,845 - 1,807,845 1,503,357 - 304,488
96386 Expanded Energy Conservation 14,878,589 14,878,589 - 14,878,589 12,176,861 - 2,701,728
96387 Natural Gas Vehicle 7,484,584 7,484,584 - 7,484,584 4,677,771 2,373,967 432,846
96389 Future IMS Software & Hardware 1,450,000 1,450,000 - 1,450,000 361,793 - 1,088,207
96391 Gas System Pasco Building 700,000 700,000 - 700,000 - - 700,000
M1904 Pinellas Building Equip R&R 800,000 800,000 - 800,000 - - 800,000
Sub-Total 136,208,023 136,208,023 109,862 136,317,885 117,647,101 2,816,152 15,854,632
Solid Waste Control Services
96426 Facility R & R 3,027,608 3,027,608 - 3,027,608 1,849,997 24,049 1,153,562
96443 Res Container Acquisition 2,326,741 2,326,741 - 2,326,741 1,672,966 - 653,775
96444 Comm Container Acquisition 4,695,420 4,695,420 - 4,695,420 4,269,189 13,970 412,261
96445 Solar Trash & Recycling Kiosks 364,414 364,414 - 364,414 239,182 - 125,232
96448 Solid Waste CNG Station 150,000 150,000 - 150,000 - - 150,000
96449 Solid Waste Truck Wash Fac 555,500 555,500 - 555,500 - - 555,500
96804 Recycling Carts/Dumpsters 1,426,650 1,426,650 - 1,426,650 894,412 - 532,238
96805 Recycling Expan/Particip/R&R 1,341,525 1,341,525 - 1,341,525 1,222,936 - 118,589
C2005/L2005 Underground Refuse Program 1,945,090 1,945,090 - 1,945,090 1,235,145 372,366 337,579
L2201 SW/Recyc Add Veh & Equip 185,000 185,000 - 185,000 - - 185,000
SR00180003 Processing Ctr Building Replace 5,062,633 5,062,633 - 5,062,633 4,396 - 5,058,237
SRTS180001 S.W.Transfer Station Rebuild 19,650,130 19,650,130 19,650,130 19,051,177 34,149 564,804
Sub-Total 40,730,710 40,730,710 - 40,730,710 30,439,399 444,534 9,846,777
27
CAPITAL IMPROVEMENT PROGRAM
PROGRAM & STATUS SUMMARY
MID-YEAR: October 1, 2021 to March 31, 2022
Budget Amended Revised Project Open Available Amend
Description 10/1/21 Prev Qtr Amdmts Budget To Date Encumbrance Balance Status Ref
Actual Expenditures
Water-Sewer Combination Services
96212 Sanitary Sewer Upgrades/Impr 44,040,261 23,345,431 (2,000,000) 21,345,431 7,634,573 6,108,480 7,602,379 10
96213 Marshall Street Upgrades/Impr 15,744,299 15,744,299 - 15,744,299 7,052,656 4,703,723 3,987,920
96214 East Plant Upgrades/Improve 4,150,000 4,150,000 - 4,150,000 343,950 431,265 3,374,784
96215 N.E. Plant Upgrades/Improve 32,263,620 32,263,620 - 32,263,620 6,064,429 16,720,494 9,478,697
96216 Laboratory Upgrade/Improve 1,155,079 1,155,079 - 1,155,079 12,168 - 1,142,912
96217 Pump Station R&R 1,950,192 1,350,192 - 1,350,192 664,247 4,843 681,103
96523 Pub Utilities Adm Bldg R&R 556,703 556,703 - 556,703 436,694 - 120,009
96526 Public Utility Admin Building 1,004,306 1,004,306 - 1,004,306 - - 1,004,306
96630 Sanitary Sewer Extension 15,182,068 15,182,068 - 15,182,068 12,611,362 8,352 2,562,355
96634 Sanitary Sewer Relocation 4,629,932 4,392,493 - 4,392,493 3,355,402 127,772 909,318
96645 Laboratory Upgrade & R&R 1,146,761 1,146,761 - 1,146,761 1,126,761 - 20,000
96654 Facilities Upgrade & Improve 13,779,876 13,779,876 13,779,876 10,588,663 296,536 2,894,678
96664 Water Pollution Control R & R 32,260,864 28,081,864 - 28,081,864 17,569,967 5,317,175 5,194,722
96665 Sanitary Sewer R&R 56,346,228 54,163,458 - 54,163,458 38,664,352 11,076,023 4,423,083
96686 Pump Station Replacement 13,613,137 11,413,137 - 11,413,137 5,547,736 394,713 5,470,688 96721 System R & R - Maintenance 9,020,686 9,515,686 1,000,000 10,515,686 2,949,436 4,333,633 3,232,617 1196722Line Relocation - Maintenance 10,718,140 4,646,468 - 4,646,468 3,624,731 102,772 918,966 96739 Reclaimed Water Dist Sys 47,316,014 47,316,014 - 47,316,014 45,384,999 711,336 1,219,679
96742 Line Relocation-Capitalized 5,869,275 5,869,275 - 5,869,275 4,255,780 - 1,613,495
96744 System Expansion 3,709,043 3,709,043 - 3,709,043 3,278,241 - 430,802
96764 RO Plant Exp Res #1 16,499,527 16,499,527 - 16,499,527 13,227,850 15,843 3,255,834
96767 RO Plant at Res #2 49,495,439 49,495,439 - 49,495,439 41,809,191 860,155 6,826,093
96773 Groundwater Replenishm Fac 20,900,118 20,900,118 - 20,900,118 5,902,487 - 14,997,631
96782 RO Plant @WTP #3 2,069,594 2,069,594 - 2,069,594 346,352 4,628 1,718,614
96783 Water Sys Upgrades/Improve 9,953,600 9,953,600 (1,000,000) 8,953,600 1,391,222 1,602,181 5,960,197 12
96784 Reclaim Water Distrib Sys R&R 2,340,936 3,840,936 - 3,840,936 1,175,556 1,789,649 875,731
96785 Feasibility Studies/Evalu - Water 3,755,000 3,755,000 - 3,755,000 2,322,017 167,533 1,265,451
96786 Devices/Equipments - Water 1,100,000 1,100,000 - 1,100,000 - - 1,100,000
G2206 Portable Generators 630,000 630,000 - 630,000 - - 630,000
L1904/L1905/
M2008 Vehicle & Equip-Sewer 1,077,913 1,077,913 - 1,077,913 755,016 242,323 80,574
M1905 Marshall Street Plant R&R 4,160,000 4,160,000 - 4,160,000 281,393 118,224 3,760,383
M1906 Northeast Plant R&R 2,029,313 2,029,313 - 2,029,313 430,513 8,717 1,590,083
M1907 East Plant R&R 5,165,000 5,165,000 - 5,165,000 268,179 3,874 4,892,947 M1908 RO Plant Exp Res #1 R&R 1,300,000 1,300,000 - 1,300,000 40,155 2,045 1,257,800
M1909 RO Plant at Res #2 R&R 1,250,000 1,250,000 - 1,250,000 66,546 969 1,182,485
M1910 Water Treatment Plant #3 R&R 898,851 898,851 - 898,851 152,182 969 745,701
M2103 Utilities Bldg & Maint 1,000,000 1,000,000 - 1,000,000 123,885 - 876,115
Sub-Total 438,081,774 403,911,063 (2,000,000) 401,911,063 239,458,688 55,154,225 107,298,150
Flood Protection/SW Management
C1908 Stormwater Vehicles & Equip 4,388,380 4,388,380 - 4,388,380 3,377,022 322,642 688,716
ENST180001 Stormwater Pipe System Improve 13,389,067 13,389,067 - 13,389,067 3,743,749 3,053,047 6,592,271
ENST180002 Allen's Creek 2,816,271 2,816,271 - 2,816,271 2,509,926 - 306,345
ENST180003 Stormwater System Expansion 1,094,986 1,094,986 - 1,094,986 - - 1,094,986
ENST180004 Stevenson Creek 2,935,066 2,935,066 - 2,935,066 37,612 91,685 2,805,770
ENST180005 Coastal Basin 4,328,800 3,878,800 - 3,878,800 2,801,259 167,274 910,267
ENST180006 Alligator Creek Watershed 3,592,512 3,592,512 - 3,592,512 450,144 186,123 2,956,244
ENST180008 Hillcrest Bypass Culvert 4,096,167 4,096,167 - 4,096,167 3,611,508 - 484,658
ENST180010 Lower Spring Branch Improve 2,320,000 2,320,000 - 2,320,000 265,153 184,141 1,870,706
Sub-Total 38,961,249 38,511,249 - 38,511,249 16,796,373 4,004,912 17,709,964
28
CAPITAL IMPROVEMENT PROGRAM
PROGRAM & STATUS SUMMARY
MID-YEAR: October 1, 2021 to March 31, 2022
Budget Amended Revised Project Open Available Amend
Description 10/1/21 Prev Qtr Amdmts Budget To Date Encumbrance Balance Status Ref
Actual Expenditures
Other Physical Environment
93422 Dredging of City Waterways 1,246,204 1,246,204 - 1,246,204 483,487 - 762,717
C2208 Coopers Point 1,400,000 1,400,000 - 1,400,000 - - 1,400,000
ENGF180006 City-wide Docks and Seawall 2,586,739 2,586,739 2,586,739 1,294,552 - 1,292,188
ENGF180010 Pollutant Storage Tank 419,408 419,408 (376,028) 43,380 43,380 - - C 13
ENGF180011 Environmental Assmt & Clean-up 763,636 763,636 376,028 1,139,664 107,062 22,398 1,010,204 14
ENGF180012 Public Works Complex 1,615,664 1,615,664 - 1,615,664 1,926 - 1,613,738
ENGF180014 Seminole Boat Launch Improve 6,752,000 6,752,000 - 6,752,000 4,293,348 48,285 2,410,367
M2002 Environ Park Remediate & Protect 150,000 150,000 - 150,000 - - 150,000
M2006 Right of Way Tree Mgt Prog 500,000 500,000 - 500,000 121,682 - 378,318
Sub-Total 15,433,651 15,433,651 - 15,433,651 6,345,437 70,683 9,017,531
C2102 Fort Harrison Reconstruction 11,015,576 11,015,576 - 11,015,576 - 2,767,677 8,247,899
C2103 Downtown Streetscaping 15,864,691 17,523,802 - 17,523,802 4,649,006 11,801,648 1,073,148
C2105 Mercado - Downtown Gateway 500,000 927,795 - 927,795 - 927,795 -
ENGF180001 Downtown Streetscaping 1,644,610 1,644,610 - 1,644,610 1,567,006 - 77,605
ENGF200003 Memorial Causeway Bridge Lighting 200,000 200,000 - 200,000 152,656 - 47,344
ENRD180002 Bridge Maintenance & Improve 8,849,747 8,849,747 - 8,849,747 1,538,174 3,317,057 3,994,516 ENRD180003 Traffic Calming 2,205,031 2,205,031 (1,809,477) 395,554 395,554 - 0 C 15
ENRD180004 Streets and Sidewalks 21,072,094 21,072,094 - 21,072,094 12,012,068 2,509,103 6,550,923
ENRD180005 City-Wide Intersection Improve 2,613,430 2,613,430 1,809,477 4,422,907 866,266 352,800 3,203,841 16
ENRD180006 Traffic Signals 1,284,534 1,284,534 - 1,284,534 813,968 127,130 343,436
ENRD180007 Traffic Safety Infrastructure 1,281,765 1,281,765 - 1,281,765 816,013 70,198 395,554
Sub-Total 66,531,479 68,618,385 - 68,618,385 22,810,711 21,873,409 23,934,265
Airports
94817 Airpark Maintenance & Repair 338,976 339,245 339,245 259,949 - 79,296
G1901 Replace Hangar C 1,305,000 1,305,000 - 1,305,000 1,264,714 29,765 10,522
G2012 Clw Airpark Vehicle Replace 32,018 30,673 - 30,673 - - 30,673
G2108 Security System Upgrade 150,000 150,000 78,000 228,000 71,741 - 156,259 17
Sub-Total 1,825,994 1,824,918 78,000 1,902,918 1,596,404 29,765 276,749
93415 Waterway Maintenance 750,000 750,000 - 750,000 505,435 39,420 205,145
Sub-Total 750,000 750,000 - 750,000 505,435 39,420 205,145
Parking Facilities
ENPK180001 Parking Lot Resurfacing 758,476 758,476 - 758,476 31,609 - 726,867
ENPK180002 Parking Lot Improvements 2,268,802 2,268,802 - 2,268,802 635,869 63,817 1,569,117
ENPK180003 Parking Facilities 2,169,348 2,169,348 1,500,000 3,669,348 917,326 70,912 2,681,110 18
M2102 Seminole Boat Launch Maint 225,125 225,125 129,957 355,083 19,075 - 336,007 19
Sub-Total 5,421,752 5,421,752 1,629,957 7,051,709 1,603,879 134,730 5,313,101
92842 City Wayfinding Project 2,050,000 2,050,000 - 2,050,000 771,302 461,158 817,540
ENGF180002 Downtown Intermodal 924,756 924,756 - 924,756 - - 924,756
ENGF180003 Miscellaneous Engineering 354,146 354,146 - 354,146 150,845 55,987 147,314
ENGF180004 Survey Equipment Replacement 33,788 33,788 - 33,788 - - 33,788
ENGF180013 Imagine Clearwater 84,661,322 84,661,322 - 84,661,322 24,369,618 56,336,161 3,955,544 Sub-Total 88,024,013 88,024,013 - 88,024,013 25,291,765 56,853,306 5,878,942
Libraries
93527 Books & Other Lib Materials 7,696,601 7,696,601 - 7,696,601 7,645,242 7,280 44,078
93530 Consolidated Eastside/SPC Libr 5,430,000 5,430,000 - 5,430,000 5,300,608 - 129,392
93532 Libr Maker Space Maint. & Up 282,560 282,560 - 282,560 200,775 - 81,785
93534 Library FF&E Repair & Replace 480,000 480,000 (150,000) 330,000 140,998 1,420 187,582 20
94861 Library Technology 1,525,000 1,525,000 - 1,525,000 1,320,243 - 204,757
C2211 Main Library Renovation - - 150,000 150,000 - - 150,000 21
Sub-Total 15,414,161 15,414,161 - 15,414,161 14,607,867 8,700 797,594
29
CAPITAL IMPROVEMENT PROGRAM
PROGRAM & STATUS SUMMARY
MID-YEAR: October 1, 2021 to March 31, 2022
Budget Amended Revised Project Open Available Amend
Description 10/1/21 Prev Qtr Amdmts Budget To Date Encumbrance Balance Status Ref
Actual Expenditures
Parks & Recreation93133Park Land Acquisition 1,627,351 1,627,351 350,000 1,977,351 1,623,963 - 353,388 22
93247 Fitness Equipment Replacement 550,000 550,000 (53,553) 496,447 496,447 - - C 23
93271 Swimming Pool R&R 1,742,876 1,742,876 (147,745) 1,595,131 1,551,546 43,586 (0) C 24
93272 Bicycle Paths-Bridges 5,420,232 4,370,232 - 4,370,232 4,236,627 40,964 92,640
93286 Parking Lot/Bike Path Rsr/Imprv 1,026,618 986,618 (376,291) 610,327 610,327 - (0) C 25
93602 Sp Events Equip Rep & Rplcmnt 360,000 360,000 - 360,000 323,389 - 36,611
93604 Brdwlks & Docks Rep & Rplcmnt 905,000 905,000 (13,497) 891,503 757,697 133,806 0 C 26
93618 Miscellaneous Park & Rec Contract 935,000 935,000 - 935,000 524,010 132,688 278,302
93634 Concrete Sidewalk & Pad Repair 488,176 488,176 (139,335) 348,840 344,576 4,264 (0) C 27
93635 Park Amenity Purch & Rplcmnt 1,460,210 1,460,210 (31,513) 1,428,698 1,283,778 144,920 0 C 28
93636 Tennis Court Resurfacing 1,150,311 1,150,311 (266,665) 883,645 837,357 46,288 0 C 29
93637 Playground & Fitness Purch & Rplc 1,358,198 1,411,198 (20,396) 1,390,803 1,104,847 285,955 0 C 30
93638 Fencing Replacement Program 1,229,664 1,229,664 (86,016) 1,143,648 1,149,918 (6,270) 0 C 31
93646 Rest Rm Expan-Barefoot Bch House 520,950 520,950 - 520,950 518,374 1,500 1,076
93667 Del Oro Park Renovations 450,000 2,686,000 - 2,686,000 179,334 2,408,512 98,154
93672 Clw Bch Infrast Repairs & Improve 447,690 447,690 447,690 410,761 40,829 (3,900) C
93673 Jack Russell Stadium Improve 1,154,582 1,051,730 - 1,051,730 1,051,730 - - C
C1902 Long Center Parking Improve 550,000 550,000 - 550,000 493,577 2,343 54,081 C1903 Phillies Entrance Sign 150,000 150,000 - 150,000 - - 150,000
C1904 Ruth Eckerd Hall 8,500,000 8,500,000 - 8,500,000 7,000,000 - 1,500,000
C2002 Ed Wright Park Renovations 600,000 600,000 - 600,000 - - 600,000
C2202 Long Center Major Reno 2,000,000 2,000,000 - 2,000,000 20,090 35,022 1,944,888
C2209 Neighborhood Park Renovations 400,000 0 - 0 - - -
L1901 P&R Vehicle and Equip Additions 546,210 546,210 - 546,210 481,007 39,431 25,772
M1915 Belmont Park Revitalization 627,909 627,909 - 627,909 555,223 13,199 59,487
M2206 Parks & Beautification R&R - 0 581,032 581,032 - 581,032 32
ENGF180007 Phillip Jones Park Renovations 224,726 224,726 - 224,726 54,097 10,001 160,628
Sub-Total 34,425,704 35,121,852 (203,980) 34,917,872 25,608,675 3,377,039 5,932,159
A1901 Miscellaneous Minor Public Art 202,079 202,079 - 202,079 90,633 - 111,446
A2201 Cultural Arts Plan 70,000 70,000 - 70,000 - - 70,000
Sub-Total 272,078.62 272,079 - 272,079 90,633 - 181,446
30
CAPITAL IMPROVEMENT PROGRAM
PROGRAM & STATUS SUMMARY
MID-YEAR: October 1, 2021 to March 31, 2022
Budget Amended Revised Project Open Available Amend
Description 10/1/21 Prev Qtr Amdmts Budget To Date Encumbrance Balance Status Ref
Actual Expenditures
Special Recreation Facilities
93203 Carpenter Field-Infras Rep/Imprv 932,817 932,817 (86,363) 846,454 846,454 - - C 33
93205 Baycare Ballpark Infrast Rep/Improv 5,257,649 5,258,302 (450,392) 4,807,910 4,539,156 268,754 (0) C 34
93278 Long Center Infra Repairs 2,430,815 2,377,815 (93,660) 2,284,155 2,284,155 - - C 35
93410 Clwr Harbor Marina Maint R&R 372,500 372,500 - 372,500 327,311 7,400 37,789
93418 Utilities Services Replacement 512,714 512,714 (342,258) 170,456 170,456 - 0 C 36
93420 Fuel System R & R 222,752 222,752 - 222,752 152,743 - 70,009
93499 Pier 60/Sailing Center Maint 601,952 371,952 - 371,952 344,505 218 27,228
93620 Sports Field Lighting 750,362 750,362 (68,824) 681,539 601,653 79,885 (0) C 37
93633 Pier 60 Pk & Bchwlk Rep & Improv 1,839,377 1,839,377 (766,901) 1,072,476 1,072,476 - (0) C 38
93642 Phillip-Jones Restroom/Concess 557,944 557,944 (101,000) 456,944 378,688 2,000 76,255 39
93650 Crest Lake Park Improvement 7,690,532 7,690,532 18,690 7,709,222 7,581,995 6,400 120,828 40
93654 Recreation Centers Infras Repairs 732,468 732,468 (156,711) 575,757 483,411 92,347 (0) 41
C1905 Beach Marina Upgrade 2,150,000 2,150,000 842,258 2,992,258 187,132 1,312,800 1,492,326 42
C1906 Clw Harbor Marina Repl & Up 406,000 406,000 2,289,695 2,695,695 191,590 131,737 2,372,367 43
C2001 Athletic Flds & Fac Reno/Improve 8,500,000 8,500,000 - 8,500,000 - - 8,500,000
C2203 Ross Norton Skate Park 110,000 110,000 - 110,000 - - 110,000
C2204 Soccer Reno EC Moore 40,000 40,000 - 40,000 - - 40,000
C2205 Enterprise Dog Park 220,000 260,000 - 260,000 221,820 9,191 28,989
C2210 Sailing Center Dock Replacement - 732,852 - 732,852 - - 732,852
M1902 Marine Fac Maint Dock R&R 514,970 514,970 - 514,970 340,058 8,903 166,009
M2204 Carpenter & BayCare R&R - 0 537,407 537,407 - 537,407 44
M2205 Recreation Center R&R - 0 502,169 502,169 - 502,169 45
M2207 Athletic Field R&R - 0 421,505 421,505 - - 421,505 46
M2208 Beach Walk/Pier 60 Park R&R - 0 766,901 766,901 - 766,901 47
Sub-Total 33,842,852 34,333,357 3,312,518 37,645,874 19,723,604 1,919,636 16,002,633
TOTAL ALL PROJECTS 1,033,058,103 1,006,654,218 12,724,924 1,019,379,142 586,744,601 167,863,824 264,770,717
31
Increase/
Amdmt Program (Decrease)Intrafund Net Budget
Number Number Amount Transfer Amount Description Amendment
Public Safety Programs
Foreclosure Registry - Nuisance Abatement
1 98609 5,700
To record a budget increase of $5,700.00 which represents
foreclosure registry fees collected to date to bring the budget in
line with actual receipts.5,700
Police Extra Duty
2 99215 427,541
To record a budget increase of $427,541.34 in police service
revenue to bring the budget in line with actual receipts.427,541
Police Education Fund
3 99317 9,650
To record a budget increase of $9,650.41 in police education fine
revenue which will bring the budget in line with actual receipts.9,650
Investigative Costs Recovery
4 99329 43,733
To record a budget increase of $43,733.28 in fines,forfeitures and
penalties revenue to bring the budget in line with actual receipts. 43,733
Florida Contraband Forfeiture Fund
5 99330 53,740
To record a budget increase of $53,740.00 in fines,forfeitures and
penalties revenue which will bring the budget in line with actual
receipts.53,740
Vehicle Replacement Fund
6 99350 32,586
To record a budget increase representing a transfer of $32,586.25
from 99215,Police Extra Duty.This represents revenue collected
for vehicle usage on extra duty jobs.32,586
Federal Forfeiture Sharing
7 99387 16,799
To record an increase of $16,798.75 in grant revenues from the
US Department of Justice which will bring the budget in line with
actual receipts.16,799
Pedestrian/Bicycle Safety Grant 2022
8 G2110 25,000
To record a budget increase of $25,000.00 in grant revenues from
the University of North Florida as approved by Council on March
3, 2022.25,000
Mental Health Co-Responder Team
9 P2101 107,400
To record a budget transfer of $107,400.00 in fines,forfeitures
and penalties revenue from 99329,Investigative Recovery Costs
to provide funding needed for the remainder of fiscal year 2022.107,400
Special Program Fund
Mid-Year Amendments
FY 2021/22
32
Increase/
Amdmt Program (Decrease)Intrafund Net Budget
Number Number Amount Transfer Amount Description Amendment
Special Program Fund
Mid-Year Amendments
FY 2021/22
Public Safety Programs (continued)
DEA Overtime Reimbursement
10 P2201 10,000
To record a budget increase of $10,000.00 in reimbursement
revenue from the Drug Enforcement Agency (DEA)to account for
special duty assignments.10,000
FBI Overtime Reimbursement
11 P2203 10,000
To record a budget increase of $10,000.00 in reimbursement
revenue from the Federal Bureau of Investigation (FBI)to account
for special duty assignments.10,000
Secret Service Overtime Reimbursement
12 P2204 10,000
To record a budget increase of $10,000.00 in reimbursement
revenue from the US Secret Services Agency to account for special
duty assignments.10,000
Public Safety Program
Totals:752,150 - 752,150
Physical Environment Programs
Tree Replacement Program
13 99970 21,336
To record a budget increase of $21,336.00 in fines,forfeiture and
penalties revenue to bring the budget in line with actual receipts.21,336
Physical Environment Programs Program:
Totals:21,336 - 21,336
Economic Environment Programs
Public Services 2022
14 G2205 6,952
To record a budget increase of $6,952.00 in CDBG program
income revenue from the NSP3 closeout.6,952
Economic Environment Program
Totals:6,952 - 6,952
Culture and Recreation Programs
Library Special Account
15 99910 120
To record a budget increase of $120.00 in donation revenue to
bring the budget in line with actual receipts.120
Clearwater for Youth Grants
16 G1907 11,500
To record a budget increase of $11,500.00 in donation revenue
for youth programs at North Greenwood which will bring the
budget in line with actual receipts.11,500
33
Increase/
Amdmt Program (Decrease)Intrafund Net Budget
Number Number Amount Transfer Amount Description Amendment
Special Program Fund
Mid-Year Amendments
FY 2021/22
Culture and Recreation Programs (continued)
Special Events
17 PRSE190001 11,972
To record budget increase of $11,972.45 in sales revenue to bring
the budget in line with actual receipts.11,972
Culture and Recreation Program
Total:23,592 - 23,592
804,030 - 804,030
Intrafund/Interfund Transfers
Police Extra Duty
99215 32,586
To record a transfer of $32,586.25 to 99350,Vehicle
Replacement,representing revenue collected for vehicle usage on
extra duty jobs.
Investigative Cost Recovery
99329 107,400
To record a transfer of $107,400.00 of fines,forfeiture and
penalty revenues to P2101,Mental Health Co-Responder Team,to
provide fiscal year 2022 funding for this agreement.
Total Interfund Transfers:139,986
Total Budget
Increase/(Decrease):
34
SPECIAL PROGRAM STATUS SUMMARY
MID YEAR REVIEW: October 1, 2021 to March 31, 2022
Actual Expenditures
Budget Amended Revised Project Open Available Amend
Description Budget Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref
GENERAL GOVERNMENT PROGRAMS
99857 Stimulus - Elctrnc Plan Submittal & Rev 289,000 289,000 - 289,000 149,927 - 139,073
99925 Peg Access Support 838,261 838,261 - 838,261 838,261 - - C
99928 Nagano Sister City Program 341,519 341,519 - 341,519 172,561 - 168,958
M1913 Lien Foreclosure Program 725,984 850,984 - 850,984 386,969 - 464,015
M2101 Planning Studies Fund 750,000 750,000 - 750,000 234,477 177,948 337,575
G2109 American Rescue Plan Act Fund 11,241,947 11,241,947 - 11,241,947 - - 11,241,947
Sub-Total 14,186,710 14,311,710 - 14,311,710 1,782,194 177,948 12,351,568
PUBLIC SAFETY PROGRAMS
98609 Foreclosure Registry-Nuisance Abtmnt 153,700 160,900 5,700 166,600 22,163 - 144,438 1
98610 Hurricane Irma 3,506,686 3,918,682 - 3,918,682 2,706,118 - 1,212,563
99215 Police Extra Duty 4,924,539 5,431,894 427,541 5,859,435 5,851,280 2,674 5,481 2
99279 Police Recruitments 231,010 231,010 - 231,010 85,961 - 145,049
99281 Fed Forfeitures - Treasury 167,234 195,885 - 195,885 120,171 - 75,714
99316 Police Volunteers 158,519 158,519 - 158,519 147,667 - 10,851
99317 Police Education Fund 1,414,856 1,428,799 9,650 1,438,449 1,304,567 - 133,882 3
99329 Investigative Recovery Costs 2,796,014 2,863,495 43,733 2,907,228 2,672,783 159,194 75,250 4
99330 FL Contraband Forfeiture Fund 1,021,489 1,069,661 53,740 1,123,401 1,025,276 - 98,124 5
99350 Vehicle Replacement Fund 661,532 711,365 32,586 743,951 444,133 36,275 263,543 6
99356 Safe Neighborhood Program 1,352,719 1,427,719 - 1,427,719 1,343,631 - 84,088
99364 Crime Prevention Program 240,574 241,424 - 241,424 185,519 11,500 44,405
99387 Federal Forfeiture Sharing 2,462,883 2,479,961 16,799 2,496,760 1,911,139 - 585,621 7
99927 Emergency Operations 4,328,870 4,328,870 - 4,328,870 3,224,770 37,976 1,066,123
99982 EMS Incentive/Recognition 69,700 69,700 - 69,700 41,088 - 28,612
D2001 COVID-19 Prep & Response 1,980,740 1,981,240 - 1,981,240 646,992 - 1,334,249
G2110 Pedestrian/Bicycle Safety Grant 2022 21,455 21,455 25,000 46,455 46,358 - 97 8
P1801 School Resource Officers 1,670,795 2,266,427 - 2,266,427 2,005,828 - 260,599
P2002 Police Body Worn Camera Program 761,253 882,922 - 882,922 652,236 68,685 162,002
P2101 Mental Health Co-Responder Team 143,200 143,200 107,400 250,600 143,200 - 107,400 9
P2201 DEA OT Reimbursement Program - 10,000 10,000 20,000 12,597 - 7,403 10
P2202 ESST OT Reimbursement Program - 2,000 - 2,000 81 - 1,919
P2203 FBI OT Reimbursement Program - 10,000 10,000 20,000 11,872 - 8,128 11
P2204 Secret Service OT Reimb Program - 10,000 10,000 20,000 10,241 - 9,759 12
Sub-Total 28,067,766 30,045,127 752,150 30,797,277 24,615,672 316,304 5,865,301
PHYSICAL ENVIRONMENT PROGRAMS
99970 Tree Replacement Program 1,956,306 1,971,666 21,336 1,993,002 984,908 50,097 957,998 13
Sub-Total 1,956,306 1,971,666 21,336 1,993,002 984,908 50,097 957,998
ECONOMIC ENVIRONMENT PROGRAMS
99764 Public Facilities 2018 443,768 381,432 - 381,432 381,432 - (0) C
99802 Brownfield Revolving Loan 1,216,732 1,216,732 - 1,216,732 420,381 - 796,351
99846 Economic Development - QTI 166,879 166,879 - 166,879 71,591 - 95,288
G1902 Public Facilities 2019 319,253 234,746 - 234,746 234,746 - (0) C
G2004 Public Facilities 2020 105,345 104,841 - 104,841 104,841 - (0) C
G2010 CDBG-CV Fund 1,549,338 1,549,338 - 1,549,338 273,444 43,970 1,231,923
G2011 Back to Business Grant Program 3,550,000 3,550,000 - 3,550,000 1,427,498 - 2,122,502
G2101 Public Facilities 2021 492,291 690,825 - 690,825 496,667 64,951 129,207
G2102 Economic Development 2021 100,000 165,836 - 165,836 86,100 - 79,736
G2103 Program Administration 2021 182,446 138,635 - 138,635 138,635 - - C
G2105 Public Services 2021 155,486 213,384 - 213,384 120,477 - 92,907
M2009 Afford Housing & Comm Development 290,853 290,853 - 290,853 13,962 - 276,891
M2105 ED Strategic Plan 153,896 153,896 - 153,896 - - 153,896
G2201 Public Facilities 2022 671,925 740,471 - 740,471 2,325 549,925 188,221
35
SPECIAL PROGRAM STATUS SUMMARY
MID YEAR REVIEW: October 1, 2021 to March 31, 2022
Actual Expenditures
Budget Amended Revised Project Open Available Amend
Description Budget Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref
ECONOMIC ENVIRONMENT PROGRAMS (CONTINUED)
G2202 Economic Development 2022 229,866 410,246 - 410,246 14,300 85,700 310,246
G2203 Program Administration 2022 118,637 231,771 - 231,771 166,282 10,551 54,938
G2204 Infill Housing 2022 86,154 86,154 - 86,154 - - 86,154
G2205 Public Services 2022 226,560 226,560 6,952 233,512 86,368 140,192 6,952 14
Sub-Total 10,059,430 10,552,601 6,952 10,559,553 4,039,050 895,289 5,625,214
HUMAN SERVICES PROGRAMS
98601 Next Steps to Better Nutrition 9,000 9,000 - 9,000 6,574 - 2,426
98607 Senior Citizens Services - Trips 14,000 14,000 - 14,000 10,958 - 3,042
99562 HUD Special Education 30,000 30,000 - 30,000 27,600 - 2,400
99844 United Way 16,580 16,580 - 16,580 12,431 - 4,149
99869 Health Prevention Program 190,269 190,269 - 190,269 180,134 - 10,135
G2107 JWB Youth Programming 802,228 1,196,323 - 1,196,323 622,778 1,200 572,345
Sub-Total 1,062,077 1,456,172 - 1,456,172 860,474 1,200 594,498
CULTURE AND RECREATION PROGRAMS
98608 Clark-Turner Trust (Library)106,077 106,077 - 106,077 - 106,077
99910 Library Special Account 890,525 892,950 120 893,070 869,723 13,718 9,628 15
G1907 Clearwater for Youth Grants 30,000 30,000 11,500 41,500 15,100 - 26,400 16
PRSE190001Special Events 2,635,227 2,817,085 11,972 2,829,058 2,656,277 4,599 168,182 17
Sub-Total 3,661,829 3,846,112 23,592 3,869,704 3,541,100 18,317 310,287
TOTAL ALL PROJECTS 58,994,119 62,183,389 804,030 62,987,419 35,823,400 1,459,155 25,704,864
36
City of Clearwater
SPECIAL DEVELOPMENT FUND
Mid-Year
FY 2021/22
Increase/
(Decrease)Description
Revenues
Allocation of Assigned Fund Balance 350,000
Mid year amendments reflect an allocation of
$350,000.00 in open space impact fees to capital
project 93133,Park Land Acquisition,as approved by
the Council on May 5, 2022.
350,000$ Net Revenue Amendments
Expenditures
Transfer to Capital Improvement Fund 350,000
Mid year amendments reflect a transfer of
$350,000.00 in open space impact fees to capital
project 93133,Park Land Acquisition,as approved by
the Council on May 5, 2022.
350,000$ Net Expenditure Amendments
37
SPECIAL REVENUE FUNDS
Mid-Year: October 1, 2021 - March 31, 2022
Original First Quarter Mid Year
Budget Amended Budget Amended Budget
2021/22 2021/22 2021/22 Amendments
Revenues:
Ad Valorem Taxes 3,634,340 3,634,340 3,634,340 -
Infrastructure Tax 12,699,480 12,699,480 12,699,480 -
Interest Earnings 300,000 300,000 300,000 -
Open Space Fees - - - -
Recreation Facility Impact Fees - - - -
Recreation Land Impact Fees - - - -
Fee in Lieu of Sidewalks - - - -
Multi-Modal Impact Fees 150,000 150,000 150,000 -
Local Option Gas Tax 1,350,000 1,350,000 1,350,000 -
Allocation of Assigned Fund Balance - - 350,000 350,000
18,133,820 18,133,820 18,483,820 350,000
Expenditures:
Transfer to Capital Improvement Fund
Road Millage 3,634,340 3,634,340 3,634,340 -
Infrastructure Tax 5,350,300 5,350,300 5,350,300 -
Recreation Facility Land Fees - - - -
Open Space Impact Fees - - 350,000 350,000
Multi-Modal Impact fees 140,000 140,000 140,000 -
Local Option Gas Tax 1,327,150 1,327,150 1,327,150 -
Infrastructure Tax - Debt on Internal L 6,000,000 6,000,000 6,000,000 - 16,451,790 16,451,790 16,801,790 350,000
Revenues:
CDBG/Home Funds 922,626 922,626 922,626 -
Interest Earnings 75,000 81,458 81,458 -
Intergovernmental Revenue - 1,333,604 1,405,403 71,799
Charges for Service Revenue - 514,555 947,796 433,241
Judgments, Fines and Forfeit Revenue - 244,678 373,138 128,460
Miscellaneous Revenue - 17,883 41,475 23,592
Transfers from General Fund:- - - -
Sister City Program 37,380 37,380 37,380 -
Planning Study Fund 275,000 275,000 275,000 -
United Way Campaign Fund 1,500 1,500 1,500 -
Special Events 70,000 237,750 237,750 -
Economic Development Strategic Pla 88,230 88,230 88,230 -
Police Recruitments 30,000 30,000 30,000 -
Police Body Worn Camera Program 75,000 128,314 128,314 -
Transfers from other Housing Funds - 493,171 493,171 -
Transfers from Special Programs - 357,857 504,795 146,938
1,574,736 4,764,006 5,568,037 804,030
SPECIAL PROGRAM FUND
SPECIAL DEVELOPMENT FUND
38
SPECIAL REVENUE FUNDS
Mid-Year: October 1, 2021 - March 31, 2022
Original First Quarter Mid Year
Budget Amended Budget Amended Budget
2021/22 2021/22 2021/22 Amendments
Expenditures:
General Government 312,380 437,380 437,380 -
Public Safety 105,000 2,082,361 2,834,511 752,150
Physical Environment - 15,360 36,696 21,336
Economic Environment 820,831 1,314,002 1,320,954 6,952
Human Services 1,500 395,595 395,595 -
Culture and Recreation 70,000 254,283 277,875 23,592
Interfund Transfers 190,025 190,025 190,025 -
Transfer to Capital Fund - - - -
1,499,736 4,689,006 5,493,037 804,030
Revenues:
HOME Investment Partnerships 452,259 452,259 452,259 -
State Housing Initiatives Partnerships 779,230 779,230 779,230 -
Total - HOME/SHIP Funds 1,231,489 1,231,489 1,231,489 -
Expenditures:
Economic Environment 1,108,344 1,108,344 1,108,344
Interfund Transfers 123,145 123,145 123,145
Total - HOME/SHIP Programs 1,231,489 1,231,489 1,231,489 -
OTHER HOUSING ASSISTANCE FUNDS
SPECIAL PROGRAM FUND (continued)
39
ADMINISTRATIVE CHANGE ORDERS
Mid-Year Review
FY 2021/22
40
In accordance with City of Clearwater Code Section 2.554(6), the City Manager may approve and execute
change orders without City Council approval within certain limitations.
The following change orders have been administratively approved since the last report to the Council based
on the code specified criteria:
1. The city manager may increase any contract up to a total award of one hundred thousand
dollars ($100,000.00).
2. The city manager may approve any increase of contract up to a maximum of ten percent
(10%) over the most recent award of the city council.
3. No contract price increase shall be approved unless sufficient funds are available for such
purpose.
4. Contract price decreases may be approved without limitation.
5. The time for completion may be extended up to ninety (90) days, in any one change or
cumulatively for the same project, beyond the most recent city council approved
completion time.
*****
There were no change orders at mid-year that meet the guidelines above.
Ordinance #9589-22 41
ORDINANCE NO. 9589-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE OPERATING BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2022 TO REFLECT INCREASES AND DECREASES IN REVENUES AND
EXPENDITURES FOR THE GENERAL FUND, SPECIAL DEVELOPMENT FUND, SPECIAL PROGRAM FUND, GAS FUND, MARINE FUND, AND PARKING FUND AS PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the budget for the fiscal year ending September 30, 2022, for operating purposes, including debt service, was adopted by Ordinance No. 9498-21; and WHEREAS, at the mid-year review it was found that an increase of $18,776,765 is
necessary for revenues and an increase of $20,235,733 is necessary for expenditures; and WHEREAS, a summary of the amended revenues and expenditures is attached hereto and marked Exhibit A; and
WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to provide for the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen circumstances or emergencies arising during the fiscal
year; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA:
Section 1. Section 1 of Ordinance No. 9498-21 is amended to read: Pursuant to the Amended City Manager's Annual Report and estimate for the fiscal year beginning October 1, 2021 and ending September 30, 2022 a copy, of which is on file with the City Clerk, the City Council hereby adopts an
amended budget for the operation of the City, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING _________________________ PASSED ON SECOND AND FINAL _________________________ READING AND ADOPTED
_______________________________ Frank Hibbard, Mayor Approved as to form: Attest:
_______________________________ ________________________________ David Margolis, City Attorney Rosemarie Call, City Clerk
EXHIBIT A
2021-22 BUDGET REVENUE
FirstQuarter Mid-Year
Budgeted Amended AmendedRevenuesBudgetBudget
2021/22 2021/22 2021/22 Amendments
General Fund: Ad Valorem Taxes 72,648,340 72,648,340 72,648,340 -
Utility Taxes 17,270,000 17,270,000 17,270,000 - Local Option, Fuel & Other Taxes 6,080,000 6,080,000 6,080,000 -
Franchise Fees 10,527,550 10,527,550 10,527,550 -
Other Permits & Fees 2,808,500 2,808,500 3,208,500 400,000 Intergovernmental Revenues 24,259,680 24,399,380 24,399,380
Charges for Services 15,799,810 15,799,810 15,799,810 - Judgments, Fines & Forfeitures 1,429,000 1,429,000 1,429,000 -
Miscellaneous Revenues 2,719,226 2,719,226 2,719,226 - Transfers In 11,276,294 11,395,080 11,425,143 30,063
Transfer (to) from Reserves - 3,741,980 13,431,675 9,689,695
Total, General Fund 164,818,400 168,818,866 178,938,624 10,119,758
Special Revenue Funds: Special Development Fund 18,133,820 18,133,820 18,483,820 350,000
Special Program Fund 1,574,736 4,764,006 5,568,036 804,030
Local Housing Asst Trust Fund 1,231,489 1,231,489 1,231,489 -
Utility & Other Enterprise Funds: Water & Sewer Fund 110,251,710 110,251,710 110,251,710 -
Stormwater Utility Fund 24,042,640 24,042,640 24,042,640 - Solid Waste & Recycling Fund 29,366,280 29,366,280 29,366,280 -
Gas Fund 49,235,700 49,235,700 55,738,677 6,502,977
Airpark Fund 350,000 350,000 350,000 - Marine Fund 5,723,810 5,723,810 6,723,810 1,000,000
Clearwater Harbor Marina 928,730 928,730 928,730 - Parking Fund 9,544,080 9,544,182 9,544,182 -
Internal Service Funds:
Administrative Services Fund 15,025,780 15,025,984 15,025,984 - General Services Fund 6,146,260 6,146,260 6,146,260 -
Garage Fund 17,623,060 17,623,060 17,623,060 -
Central Insurance Fund 32,285,530 32,285,530 32,285,530 -
Total, All Funds 486,282,025 493,472,067 512,248,832 18,776,765
42 Ordinance #9589-22
EXHIBIT A (Continued)
2021-22 BUDGET EXPENDITURES
FirstQuarter Mid-Year
Original Amended AmendedBudgetBudgetBudget
2021/22 2021/22 2021/22 Amendments
General Fund: City Council 419,450 419,450 419,450 -
City Manager's Office 1,485,330 1,485,384 1,485,384 - City Attorney's Office 1,826,656 1,966,428 1,966,428 -
City Audit 233,752 233,764 233,764 - City Clerk 1,307,108 1,307,156 1,307,156 -
CRA Administration 504,274 619,304 619,304 -
Economic Development & Housing 1,992,482 1,992,554 2,042,554 50,000
Engineering 8,492,000 8,492,000 8,492,000 -
Fire 30,788,310 31,289,534 31,289,534 - Finance 2,800,130 2,800,310 2,800,310 -
Human Resources 1,662,773 1,904,855 1,904,855 - Library 8,416,337 8,416,841 8,416,841 -
Non-Departmental 8,854,656 11,854,656 21,494,351 9,639,695 Parks & Recreation 37,205,403 37,206,825 37,206,825 -
Planning & Development 7,057,846 7,057,846 7,457,846 400,000
Police 50,099,334 50,099,334 50,129,397 30,063 Public Communications 1,274,489 1,274,555 1,274,555 -
Public Utilities 398,070 398,070 398,070 -
Total, General Fund 164,818,400 168,818,866 178,938,624 10,119,758
Special Revenue Funds: Special Development Fund 16,451,790 16,451,790 16,801,790 350,000
Special Program Fund 1,499,736 4,689,006 5,493,036 804,030 Local Housing Asst Trust Fund 1,231,489 1,231,489 1,231,489 -
Utility & Other Enterprise Funds:
Water & Sewer Fund 110,251,710 110,251,710 110,251,710 -
Stormwater Utility Fund 24,042,640 24,042,640 24,042,640 - Solid Waste & Recycling Fund 28,044,120 28,044,120 28,044,120 -
Gas Fund 49,176,970 49,176,970 55,638,915 6,461,945 Airpark Fund 333,690 333,690 333,690 -
Marine Fund 5,723,810 5,723,810 6,723,810 1,000,000 Clearwater Harbor Marina 909,680 909,680 909,680 -
Parking Fund 6,852,830 6,852,932 8,352,932 1,500,000
Internal Service Funds:
Administrative Services Fund 15,025,780 15,025,984 15,025,984 - General Services Fund 6,146,260 6,146,260 6,146,260 -
Garage Fund 17,595,180 17,595,180 17,595,180 - Central Insurance Fund 32,285,530 32,285,530 32,285,530 -
Total, All Funds 480,389,615 487,579,657 507,815,390 20,235,733
43 Ordinance #9589-22
44 Ordinance #9590-22
ORDINANCE NO. 9590-22 AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE CAPITAL IMPROVEMENT
BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2022, TO REFLECT AN INCREASE OF $12,724,924 PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Capital Improvement Budget for the fiscal year ending
September 30, 2021 was adopted by Ordinance No. 9499-21; and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to provide for the expenditure of money for proper purposes not contained in the budget as
originally adopted due to unforeseen circumstances or emergencies arising during the
fiscal year; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA;
Section 1. Section 1 of Ordinance No. 9499-21 is amended to read: Pursuant to the Mid-Year Amended Capital Improvement Program Report and estimated budget for the fiscal year beginning October 1, 2021
and ending September 30, 2022, a copy of which is on file with the City
Clerk, the City Council hereby adopts a Mid-Year Amended budget for the capital improvement fund for the City of Clearwater, a copy of which is attached hereto as Exhibit A.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED
___________________________
Frank Hibbard, Mayor Approved as to form: Attest:
______________________________ ____________________________ David Margolis, City Attorney Rosemarie Call, City Clerk
First Qtr.Mid-Year
Original Amended Amended
Budget Budget Budget
2021/22 2021/22 2021/22 Amendments
Police Protection 1,905,500 1,905,500 1,905,500 -
Fire Protection 1,005,000 4,983,000 5,132,566 149,566
Fire Rescue Services 458,280 458,280 458,280 -
Road and Street Facilities 11,090,300 13,177,206 13,177,206 -
Flood Protection/Stormwater Mgmt 2,955,170 2,505,170 2,505,170 -
Parking Facilities 734,000 734,000 2,363,957 1,629,957
Other General Government 12,008,000 12,974,344 22,623,344 9,649,000 Special Recreation Facilities 7,258,030 7,748,534 11,061,052 3,312,518 Other Physical Environment 1,920,000 1,920,000 1,920,000 -
Airports 25,000 23,924 101,924 78,000
Other Transportation 51,500 51,500 51,500 -
Libraries 110,000 110,000 110,000 -
Gas Utility Services 10,900,000 10,900,000 11,009,862 109,862
Parks & Recreation 2,286,000 2,982,148 2,778,168 (203,980)
Cultural Services 95,000 95,000 95,000 -
Solid Waste Services 2,200,000 2,200,000 2,200,000 - Water Transportation Systems 150,000 150,000 150,000 - Water-Sewer Services 79,487,300 45,316,589 43,316,589 (2,000,000)
TOTAL PROJECT EXPENDITURES 134,639,080 108,235,195 120,960,119 12,724,924
GENERAL SOURCES:
General Operating Revenue 12,210,030 15,710,030 25,369,068 9,659,038
Penny for Pinellas 5,350,300 5,350,300 5,350,300 -
Road Millage 3,634,340 3,634,340 3,634,340 -
Local Option Gas Tax 1,327,150 1,327,150 1,327,150 -
Grants 385,000 383,924 448,924 65,000 County Fire Reimbursements 290,000 1,424,000 1,573,566 149,566 Other Governmental - 427,795 427,795
Multi-Modal Impact Fee 140,000 140,000 140,000 -
Special Program Fund - 1,344 (99,656) (101,000)
Open Space Impact Fee - - 350,000 350,000
Donations 50,000 50,000 100,000 50,000
Other - 652 300,152 299,500
Transfer-in - 830,000 1,343,000 513,000
EXHIBIT A
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2021/22
45 Ordinance # 9590-22
First Qtr.Mid-Year
Original Amended Amended
Budget Budget Budget
2021/22 2021/22 2021/22 Amendments
EXHIBIT A
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2021/22
SELF SUPPORTING FUNDS: Parking Revenue 819,000 819,000 2,448,957 1,629,957
Marine Revenue 1,190,000 1,190,000 1,190,000 -
Clearwater Harbor Marina Revenue 150,000 150,000 150,000 -
Airpark Revenue 25,000 25,000 25,000 -
Water Revenue 15,696,000 15,696,000 15,696,000 -
Sewer Revenue 19,685,350 19,685,350 19,685,350 -
Utility R&R 11,964,700 11,964,700 11,964,700 Water Impact Fees 160,000 160,000 160,000 - Sewer Impact Fees 50,000 50,000 50,000 -
Stormwater Utility Revenue 6,500,630 6,500,630 6,500,630 -
Gas Revenue 10,900,000 10,900,000 11,009,862 109,862
Solid Waste Revenue 775,000 775,000 775,000 -
Recycling Revenue 1,240,000 1,240,000 1,240,000 -
INTERNAL SERVICE FUNDS: Garage Revenue 365,700 365,700 365,700 - Administrative Services Revenue 1,820,000 1,820,000 1,820,000 -
General Services Revenue 100,000 100,000 100,000 -
Central Insurance Revenue 28,280 28,280 28,280
-
BORROWING - GENERAL SOURCES:
Lease Purchase - General Fund 106,000 106,000 106,000 -
BORROWING - SELF SUPPORTING FUNDS:
Bond Financing - Water & Sewer Fund 32,961,600 - - -
Lease Purchase - Water & Sewer Fund 428,000 428,000 428,000
Lease Purchase - Solid Waste/Recycling 185,000 185,000 185,000
BORROWING - INTERNAL SERVICE FUNDS: Lease Purchase - Garage 5,702,000 6,367,000 6,367,000 - Lease Purchase - Administrative Services 400,000 400,000 400,000 -
TOTAL ALL FUNDING SOURCES:134,639,080 108,235,195 120,960,119 12,724,924
46 Ordinance # 9590-22
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#22-0556
Agenda Date: 6/13/2022 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Economic Development & Housing
Agenda Number: 5.1
SUBJECT/RECOMMENDATION:
Approve the 2022 Affordable Housing Inventory List pursuant to requirements of Chapter
166.0451, Florida Statutes, adopt Resolution 22-13 and authorize the appropriate officials to
execute same.
SUMMARY:
The 2006 Legislature amended Chapter 166, Florida Statutes, adding Section 166.0451 entitled
"Disposition of municipal property for affordable housing." The state statute includes that the
governing body of each municipality must review the proposed affordable housing inventory list
at a public hearing and may revise the list at the conclusion of the hearing. Following the public
hearing, the local governing body must adopt a resolution that includes an inventory list of such
property deemed appropriate for affordable housing development.
Section (1) of the statutory amendment requires that every three years each municipality
prepare an inventory list of all real property within its jurisdiction to which the municipality holds
fee simple title that is appropriate for use as affordable housing. Therefore, the 2022 Affordable
Housing Inventory List includes the address and legal description of each property and
specifies whether the property is vacant or improved.
The previous list was approved by City Council in 2019 and included a total of 19 properties.
Resolution 22-13, as drafted, proposes eight (8) parcels, to which the City has title, as
appropriate for use as affordable housing.
APPROPRIATION CODE AND AMOUNT:
N/A
USE OF RESERVE FUNDS:
N/A
Page 1 City of Clearwater Printed on 6/9/2022
Resolution No. 22-13
RESOLUTION 22-13
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
DETERMINING THE CITY HOLDS FEE SIMPLE TITLE IN AND
TO EIGHT PARCELS OF LAND LYING AND BEING SITUATE
WITHIN ITS CORPORATE LIMITS THAT ARE APPROPRIATE
FOR USE AS AFFORDABLE HOUSING AS DEFINED IN
SECTION 166.0451, FLORIDA STATUTES; ESTABLISHING AN
INVENTORY LISTING OF SAID PARCELS; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Chapter 166.0451, Florida Statutes, requires that by July 1,
2007, and every three years thereafter, each municipality within the State of
Florida shall prepare an inventory list of all real property within its jurisdiction to
which the municipality holds fee simple title that is appropriate for use as
affordable housing; and
WHEREAS, the inventory list must include the address and legal
description of each such property and specify whether the property is vacant or
improved; and
WHEREAS, the governing body of the municipality must review the
inventory list at a public hearing, and may revise it at the conclusion of the public
hearing; and
WHEREAS, the City Council now desires to formally establish the 2022
Affordable Housing Inventory list of real property deemed appropriate for use as
affordable housing as required by law.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CLEARWATER, FLORIDA:
Section 1. That the following eight (8) parcels of vacant land as more
particularly described in EXHIBIT “A”, attached hereto and incorporated
herein, are hereby determined to be appropriate for use as affordable
housing as defined in Section 166.0451 and 420.0004, Florida Statutes.
Section 2. That the City holds fee simple title in and to all of said
parcels.
Section 3. That the inventory listing of the herein described
parcels of land shall be titled the “2022 Affordable Housing
Inventory List”.
Section 4. That the City Clerk is hereby directed to record this
Resolution in the Public Records of Pinellas County, Florida.
Resolution No. 22-13
Section 5. That this resolution shall take effect immediately upon
adoption.
PASSED AND ADOPTED this _____ day of _________________, 2022.
_____________________________
Frank V. Hibbard
Approved as to form: Attest:
______________________________ ______________________________
Laura Mahony Rosemarie Call, City Clerk
Senior Assistant City Attorney
Resolution No. 22-13
EXHIBIT “A”
2022 AFFORDABLE HOUSING INVENTORY LIST
1454 S. MLK JR. AVE. COMMENCE AT THE NW CORNER OF
S. MLK JR. AVE. AND WOODLAWN ST.
THEN RUN N 320 FT TO THE POINT OF
BEGINNING; THEN W 260.4 FEET; THEN
N 225.00 FEET; THEN E 260.4 FEET;
THEN S 225.00 FEET TO THE POINT OF
BEGINNING.
22/29/15/00000/320/1300
VACANT
1408 MONROE AVE. LINCOLN PLACE ADDITION TO CLEARWATER,
BLOCK 4, LOT 4
10/29/15/51948/004/0040
VACANT
1415 TAFT AVE. LINCOLN PLACE ADDITION TO CLEARWATER,
BLOCK 1, LOT 16
10/29/15/51948/001/0160
VACANT
1002 GRANT ST. NORWOOD 1ST ADD BLK B, LOT 6
10/29/15/61758/002/0060
VACANT
1004 GRANT ST. NORWOOD 1ST ADD BLK B, LOT 7
10/29/15/61758/002/0070
VACANT
1007 MARSHALL ST. NORWOOD 1ST ADD BLK B, N 1/2 OF LOT 8
10/29/15/61758/002/0081
VACANT
1006 GRANT ST. NORWOOD 1ST ADD BLK B, S 1/2 OF LOT 8
10/29/15/61758/002/0080
VACANT
406 VINE AVE. DREW PARK LOT 8
10/29/15/22518/000/0080
VACANT
CLEVELAND ST
PIERCE ST
OVERLEA ST
FRANKLIN ST
LAURA ST
BELLEVUE BLVD
SEABREEZE ST
A ST
ENGMAN ST
KINGSLEY ST
METTO ST
S PINE ST
SPRINGDALE ST
RICKER RD
JEFFORDS ST
PIERCE ST
MAPLE ST
LAURA ST
PIERCE ST
GROVE ST
PARK ST
PINE ST
LOCATION MAP
Document Path: C:\Users\Christopher.Melone\City of Clearwater\Engineering Geographic Technology - Documents\GIS\Engineering\Location Maps\2019 Affordable Housing Inv List\2022\2022AffHousInv_shape\2022 Affordable Housing Inv_cwt.mxd
Prepared by:Engineering DepartmentGeographic Technology Division
100 S. Myrtle Ave, Clearwater, FL 33756
Ph: (727)562-4750, Fax: (727)526-4755
www.MyClearwater.com Page: 1 of 9
2022 Affordable Housing Inventory
CRMMap Gen By:CRLReviewed By:5/31/2022Date:
²
N.T.S.Scale:
1) 1408 MONROE AVE.
2) 1415 TAFT AVE.
3) 1002 GRANT ST.
4) 1004 GRANT ST.
5) 1007 MARSHALL ST.
6) 1006 GRANT ST.
WOODLAWN ST
1495
1485
1451
1454
1500
1426
1481
1467
1483
1455
1467
1479
1481
1479
1483
1449
1450
1484
1477
1497
1499
1498
1504
AERIAL MAP
Document Path: C:\Users\Christopher.Melone\City of Clearwater\Engineering Geographic Technology - Documents\GIS\Engineering\Location Maps\2019 Affordable Housing Inv List\2022\2022AffHousInv_shape\2022 Affordable Housing Inv_2.mxd
Prepared by:Engineering DepartmentGeographic Technology Division
100 S. Myrtle Ave, Clearwater, FL 33756
Ph: (727)562-4750, Fax: (727)526-4755
www.MyClearwater.com Page: 2 of Aerial Flown 2021
1454 S MLK Jr Ave
Parcel Number: 22-29-15-00000-320-1300
CRMMap Gen By:CRLReviewed By:5/26/2022Date:
²
N.T.S.Scale:
GRANT ST
1411
1408
1407
1308
1415
1309
1401
1405
1407 1409
1406
1404
1409 1410
1403
1413
1400
1405
AERIAL MAP
Document Path: C:\Users\Christopher.Melone\City of Clearwater\Engineering Geographic Technology - Documents\GIS\Engineering\Location Maps\2019 Affordable Housing Inv List\2022\2022AffHousInv_shape\2022 Affordable Housing Inv_3.mxd
Prepared by:Engineering DepartmentGeographic Technology Division
100 S. Myrtle Ave, Clearwater, FL 33756
Ph: (727)562-4750, Fax: (727)526-4755
www.MyClearwater.com Page: 3 of Aerial Flown 2021
1408 Monroe Ave
Parcel Number: 10-29-15-51948-004-0040
CRMMap Gen By:CRLReviewed By:5/26/2022Date:
²
N.T.S.Scale:
GRANT ST
MARSHALL ST
CARLTON ST
GRANT ST
CARLTON ST
1409
1400
1405 1405
1434
1413
1411
14061407
1404
14221409
1414
1401
1402
1446
1408
1403
1405
1410
1458
1402
1325
1415
1413
1415
1406
1411
1402
1321
1404
1408
1500
1406
AERIAL MAP
Document Path: C:\Users\Christopher.Melone\City of Clearwater\Engineering Geographic Technology - Documents\GIS\Engineering\Location Maps\2019 Affordable Housing Inv List\2022\2022AffHousInv_shape\2022 Affordable Housing Inv_4.mxd
Prepared by:Engineering DepartmentGeographic Technology Division
100 S. Myrtle Ave, Clearwater, FL 33756
Ph: (727)562-4750, Fax: (727)526-4755
www.MyClearwater.com Page: 4 of Aerial Flown 2021
1415 Taft Ave.
Parcel Number: 10-29-15-51948-001-0160
CRMMap Gen By:CRLReviewed By:5/26/2022Date:
²
N.T.S.Scale:
MARSHALL ST
GRANT ST
1405
1434
1413
1407
1404
1409
14581414
1406
1406
1405
1410
14221408
1415
1446
1411
AERIAL MAP
Document Path: C:\Users\Christopher.Melone\City of Clearwater\Engineering Geographic Technology - Documents\GIS\Engineering\Location Maps\2019 Affordable Housing Inv List\2022\2022AffHousInv_shape\2022 Affordable Housing Inv_5.mxd
Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755
www.MyClearwater.com Page: 5 of Aerial Flown 2021
1002 Grant St
Parcel Number: 10-29-15-61758-002-0060
CRMMap Gen By:CRLReviewed By:5/26/2022Date:
²
N.T.S.Scale:
MARSHALL ST
GRANT ST
GRANT ST
1405
1434
1413
1407
1404
1409
14581414
1406
1406
1405
1410
14221408
1415
1446
1411
1403
AERIAL MAP
Document Path: C:\Users\Christopher.Melone\City of Clearwater\Engineering Geographic Technology - Documents\GIS\Engineering\Location Maps\2019 Affordable Housing Inv List\2022\2022AffHousInv_shape\2022 Affordable Housing Inv_6.mxd
Prepared by:Engineering DepartmentGeographic Technology Division
100 S. Myrtle Ave, Clearwater, FL 33756
Ph: (727)562-4750, Fax: (727)526-4755
www.MyClearwater.com Page: 6 of Aerial Flown 2021
1004 Grant St.
Parcel Number: 10-29-15-61758-002-0070
CRMMap Gen By:CRLReviewed By:5/26/2022Date:
²
N.T.S.Scale:
MARSHALL ST
GRANT ST
1405
1434
1413
1407
1404
1409
14581414
1406
1406
1405
1410
14221408
1415
1446
1411
1403
AERIAL MAP
Document Path: C:\Users\Christopher.Melone\City of Clearwater\Engineering Geographic Technology - Documents\GIS\Engineering\Location Maps\2019 Affordable Housing Inv List\2022\2022AffHousInv_shape\2022 Affordable Housing Inv_7.mxd
Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755
www.MyClearwater.com Page: 7 of Aerial Flown 2021
1007 Marshall St.
Parcel Number: 10-29-15-61758-002-0081
CRMMap Gen By:CRLReviewed By:5/26/2022Date:
²
N.T.S.Scale:
MARSHALL ST
GRANT ST
1405
1434
1413
1407
1404
1409
14581414
1406
1406
1405
1410
14221408
1415
1446
1411
AERIAL MAP
Document Path: C:\Users\Christopher.Melone\City of Clearwater\Engineering Geographic Technology - Documents\GIS\Engineering\Location Maps\2019 Affordable Housing Inv List\2022\2022AffHousInv_shape\2022 Affordable Housing Inv_8.mxd
Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755
www.MyClearwater.com Page: 8 of Aerial Flown 2021
1006 Grant St.
Parcel Number: 10-29-15-61758-002-0080
CRMMap Gen By:CRLReviewed By:5/26/2022Date:
²
N.T.S.Scale:
HART ST
PLAZA ST
400
412
403
406
407
404
409
311
405
310
408
410
401
402
407
AERIAL MAP
Document Path: C:\Users\Christopher.Melone\City of Clearwater\Engineering Geographic Technology - Documents\GIS\Engineering\Location Maps\2019 Affordable Housing Inv List\2022\2022AffHousInv_shape\2022 Affordable Housing Inv_9.mxd
Prepared by:Engineering DepartmentGeographic Technology Division
100 S. Myrtle Ave, Clearwater, FL 33756
Ph: (727)562-4750, Fax: (727)526-4755
www.MyClearwater.com Page: 9 of Aerial Flown 2021
406 Vine Ave
Parcel Number: 10-29-15-22518-000-0080
CRMMap Gen By:CRLReviewed By:5/26/2022Date:
²
N.T.S.Scale:
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: 22-14
Agenda Date: 6/13/2022 Status: Agenda ReadyVersion: 1
File Type: ResolutionIn Control: Finance
Agenda Number: 6.1
SUBJECT/RECOMMENDATION:
Supplement and amend Resolution 19-34 for the sale of not to exceed $30,000,000 of City of
Clearwater, Florida Non-Ad Valorem Revenue Bonds, Series 2022 (Imagine Clearwater
Improvements), authorize the appropriate officials to execute same and adopt Resolution
22-14.
SUMMARY:
City Council previously approved issuance of not-to-exceed $30 million of Imagine Clearwater
Non-Ad Valorem revenue bonds per Resolution 19-34 adopted November 21, 2019 and
Ordinance 9357-20 adopted February 6, 2020.
This resolution supplements and amends the authorizing resolution including the following:
·Fixes certain details of the bonds, such as changing the year from 2020 to 2022
·Approves the form of the Summary Notice of Sale and the Official Notice of Sale
·Authorizes the award of sale to the lowest conforming bidder per the public sale
·Approves the form and distribution of the Preliminary Official Statement
·Authorizes execution and delivery of an Official Statement
·Authorizes the execution and delivery of a Disclosure Dissemination Agent Agreement
·Authorizes certain city officials to execute documents
Staff currently plans to sell the bonds in late June, with the closing scheduled for mid-July.
Page 1 City of Clearwater Printed on 6/9/2022
Resolution No. 22-__
1
RESOLUTION NO. 22-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA SUPPLEMENTING AND AMENDING
RESOLUTION NO. 19-34; AUTHORIZING AND APPROVING THE SALE
OF NOT TO EXCEED $30,000,000 STATED PRINCIPAL AMOUNT CITY OF CLEARWATER, FLORIDA NON-AD VALOREM REVENUE BONDS, SERIES 2022 (IMAGINE CLEARWATER IMPROVEMENTS); FIXING CERTAIN DETAILS OF SAID BONDS; APPROVING THE FORMS OF
THE SUMMARY NOTICE OF SALE AND OFFICIAL NOTICE OF SALE
WITH RESPECT TO SUCH BONDS; DELEGATING TO THE CITY MANAGER OR FINANCE DIRECTOR THE AUTHORITY TO DETERMINE THE PRINCIPAL AMOUNTS OF SUCH BONDS TO BE ISSUED AND THE BID DATE WITH RESPECT TO SUCH BONDS, TO
AWARD THE SALE THEREOF TO THE LOWEST CONFORMING
BIDDER BASED ON BIDS SUBMITTED AT PUBLIC SALE, AND TO DETERMINE THE TERMS OF SUCH SALE; APPOINTING THE PAYING AGENT AND REGISTRAR; APPROVING THE FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF A DISCLOSURE
DISSEMINATION AGENT AGREEMENT; APPROVING THE FORM AND
AUTHORIZING THE DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN OFFICIAL STATEMENT PERTAINING TO THE BONDS; AUTHORIZING CERTAIN OFFICIALS OF THE CITY TO EXECUTE ANY
DOCUMENT OR TO TAKE ANY ACTIONS REQUIRED IN CONNECTION
WITH THE ISSUANCE OF SAID BONDS; PROVIDING CERTAIN OTHER MATTERS RELATING TO THE SERIES 2022 BONDS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City Council (the "City Council") of the City of Clearwater, Florida
(the "Issuer") adopted Resolution No. 19-34 on November 21, 2019, as particularly supplemented hereby (the “Authorizing Resolution”, together with this Supplemental Resolution, collectively, the "Resolution"); and
WHEREAS, the City Council enacted Ordinance No. 9357-20 on February 6, 2020
(the “Bond Ordinance”), approving the adoption of the Authorizing Resolution in
satisfaction of section 2.522 of the City of Clearwater Code of Ordinances; and
WHEREAS, all capitalized undefined terms used herein shall have the meanings ascribed thereto in the Resolution; and
WHEREAS, by the Resolution, the Issuer authorized the issuance of not to exceed
$30,000,000 stated principal amount of City of Clearwater, Florida Non-Ad Valorem
Revenue Bonds, Series 2022 (Imagine Clearwater Improvements) (the "Series 2022 Bonds") to finance and/or reimburse a portion of the cost of the acquisition, construction
Resolution No. 22-__
2
and equipping of the Project and pay certain expenses relating to the issuance of the Series 2022 Bonds; and
WHEREAS, relating to the Series 2022 Bonds, the City Council wishes to approve
the form of the Summary Notice of Sale attached hereto as Exhibit A and the Official
Notice of Sale attached hereto as Exhibit B, each by reference made a part hereof; and
WHEREAS, the Official Notice of Sale is to be provided to all parties expressing an interest in the offering of the Series 2022 Bonds; and
WHEREAS, the City Council wishes to delegate to the City Manager or Finance
Director the authority to determine the bid date with respect to the Series 2022 Bonds, to
award the sale thereof to the lowest conforming bidder (the "Purchaser") in the aggregate stated principal amount of not exceeding $30,000,000 for the purposes described above, and to determine the terms of such sale, all in accordance with the Official Notice of Sale; and
WHEREAS, prior to the award and sale of the Series 2022 Bonds, the Issuer will
be provided all applicable disclosure information required by Section 218.385, Florida Statutes, a copy of which will be attached to or otherwise included as part of the Official Notice of Sale; and
WHEREAS, the City Council desires to approve the form of and authorize the
distribution of a Preliminary Official Statement, a form of which is attached hereto as
Exhibit C (the "Preliminary Official Statement") in connection with the marketing and sale of the Series 2022 Bonds, to authorize the execution and delivery of a final Official Statement incorporating the final details of the Series 2022 Bonds; and
WHEREAS, the City Council desires to approve the form of and authorize the
execution of a Disclosure Dissemination Agent Agreement, a form of which is attached
hereto as Exhibit D (the "Disclosure Agreement"); and
WHEREAS, this Supplemental Resolution shall constitute a Supplemental Resolution under the terms of the Authorizing Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA, as follows:
SECTION 1. For purposes of the Resolution, the following definitions in the
Authorizing Resolution are hereby modified or added to read as follows:
“Bonds” shall mean the Series 2022 Bonds, which were originally denominated in the Authorizing Resolution as Series 2020 Bonds, and are redesignated in accordance with Section 2.01 of the Authorizing Resolution, and any other Non-Ad Valorem Debt then
Outstanding.
“Financial Advisor” shall mean Public Resources Advisory Group, Inc., or any other
Resolution No. 22-__
3
financial advisor appointed from time to time by the Issuer. “Non-Ad Valorem Debt” shall mean (i) all financial obligations appearing on the
Issuer's most recent audited financial statements that are secured by or payable in whole
or part from any Non-Ad Valorem Revenues, (ii) financial obligations that are secured by or payable in whole or part from any Non-Ad Valorem Revenues, (iii) financial obligations of other Persons that are guaranteed or secured by any of the Issuer’s Non-Ad Valorem Revenues, provided however that unless the Issuer actually used or expended its Non-
Ad Valorem Revenues to pay such other Person's obligations during the prior two Fiscal
Years, such Non-Ad Valorem Debt shall be excluded and (iv) lease obligations secured by or payable from any Non-Ad Valorem Revenues. Such obligation shall not be considered Non-Ad Valorem Debt unless the Issuer has actually used Non-Ad Valorem Revenues to pay such obligation during the immediately preceding Fiscal Year or
reasonably expects to use Non-Ad Valorem Revenues to pay such obligation in the
current or immediately succeeding Fiscal Year.
SECTION 2. A new section 5.05 is hereby added to Resolution 19-34 to read as follows:
SECTION 5.05. Anti-Dilution Test. The Issuer may incur
additional Non-Ad Valorem Debt secured by all or a portion of the Non-Ad
Valorem Revenues only if the total amount of Non-Ad Valorem Revenues for the prior Fiscal Year were at least 1.50x times the Maximum Annual Debt Service of all then Outstanding Non-Ad Valorem Debt, including the proposed Non-Ad Valorem Debt to be issued.
For purposes of the covenants in this Section 5.05, in calculating the
Maximum Annual Debt Service on balloon indebtedness whether such Non-Ad Valorem Debt is bearing interest at a fixed or variable rate, such balloon indebtedness shall be assumed to amortize over twenty-five (25) years on a level debt service basis. For purposes of this paragraph, "balloon
indebtedness" includes indebtedness if 25% or more of the principal amount
thereof comes due in any one year.
For purposes of the covenants in this Section 5.05, Maximum Annual Debt Service on Non-Ad Valorem Debt means, with respect to Non-Ad Valorem Debt that bears interest at a fixed interest rate, the actual Maximum
Annual Debt Service, and with respect to Non-Ad Valorem Debt that bears
interest at a variable interest rate, Maximum Annual Debt Service on such Non-Ad Valorem Debt shall be determined assuming an interest rate that accrues at the current “Bond Buyer Revenue Bond Index” as published in The Bond Buyer immediately prior to any such calculation.
SECTION 3. It is hereby ascertained, determined and declared that it is in the best
Resolution No. 22-__
4
interest of the Issuer to provide for the sale by competitive bid of the Series 2022 Bonds.
SECTION 4. (A) The form of the Summary Notice of Sale and the Official Notice of Sale attached hereto as Exhibits A and B, respectively, are hereby approved, subject to such changes, insertions and omissions and filling of blanks therein as may be
approved and made in such form by the City Manager or Finance Director in a manner
consistent with the terms of this resolution. The City Manager or Finance Director is hereby authorized to accept the offer of the Purchaser to purchase the Series 2022 Bonds in accordance with the terms of the Official Notice of Sale; provided, however, that (i) the aggregate stated principal amount of the Series 2022 Bonds shall not exceed
$30,000,000, (ii) the true interest cost rate of the Series 2022 Bonds shall not exceed
5.50%, (iii) the Series 2022 Bonds shall be subject to redemption prior to maturity as provided in the Official Notice of Sale, and (iv) the final maturity date for the Series 2022 Bonds shall not be later than 2052. The City Manager or Finance Director is hereby authorized to award the sale of the Series 2022 Bonds to the Purchaser for and on behalf
of the Issuer pursuant to the terms hereof and of the Official Notice of Sale. The Issuer
hereby authorizes the publication of the Summary Notice of Sale pursuant to the requirements of law.
(B) Prior to the delivery of the Series 2022 Bonds, the Purchaser will provide the Issuer with a disclosure statement containing the information required by Section
218.38(1)(b)2., Florida Statutes and a Truth in Bonding Statement pursuant to Section
218.385, Florida Statutes, substantially in the forms provided by the Official Notice of Sale.
SECTION 5. The Issuer hereby ratifies and approves the form of the Preliminary Official Statement relating to the Series 2022 Bonds which is attached hereto as Exhibit C. The Issuer hereby ratifies and approves the use of such Preliminary Official Statement
as part of the competitive sale of the Series 2022 Bonds. The Issuer hereby authorizes
execution and delivery of a final Official Statement (with such changes as are necessary to describe the final terms of the Series 2022 Bonds) by the Mayor and the City Manager, which execution and delivery shall constitute complete evidence of the approval of such final Official Statement by the Issuer.
SECTION 6. The Issuer hereby approves the form of the Disclosure Agreement
attached hereto as Exhibit D. Subject to satisfaction of the conditions in Section 3(A)
hereof, the Disclosure Agreement shall be executed in the name of the Issuer with the manual signature of the Mayor and the City Manager, and the official seal of the Issuer shall be imprinted thereon and attested with the manual signature of the City Clerk. The execution and delivery thereof in the manner described in the preceding sentence shall
constitute complete approval of such Disclosure Agreement by the Issuer, including any
changes to the form being approved, and shall be deemed to be a part of this instrument as fully and to the same extent as if incorporated verbatim herein.
SECTION 7. U.S. Bank Trust Company, National Association, is hereby appointed Registrar and Paying Agent relating to the Series 2022 Bonds. The Issuer and the
Resolution No. 22-__
5
Registrar and Paying Agent will enter into a Registrar and Paying Agent Agreement relating to the Series 2022 Bonds, in a form to be approved by the City Attorney and Bond Counsel. Subject to satisfaction of the conditions in Section 3(A) hereof, the Bond
Registrar and Paying Agent shall be executed in the name of the Issuer with the manual
signature of the Mayor and City Manager and the official seal of the Issuer shall be imprinted thereon and attested with the manual signature of the City Clerk. The execution and delivery thereof in the manner described in the preceding sentence shall constitute complete approval of such Bond Registrar and Paying Agent Agreement by the Issuer.
SECTION 8. The members of the City Council and the Issuer's officers, attorneys
and other agents and employees are hereby authorized and directed to execute any and
all certifications or other instruments or documents required by the Resolution or any other document referred to above as a prerequisite or precondition to the issuance of the Series 2022 Bonds and any such representation made therein shall be deemed to be made on behalf of the Issuer. All action taken to date by the officers of the Issuer in
furtherance of the issuance of the Series 2022 Bonds is hereby approved, confirmed and
ratified.
SECTION 9. All prior resolutions of the Issuer inconsistent with the provisions of this Resolution are hereby amended and supplemented to conform with the provisions herein contained and, except as may otherwise amended and supplemented hereby, the Resolution shall remain in full force and effect.
SECTION 10. If any one or more of the covenants, agreements or provisions of this Resolution shall be held contrary to any express provision of law or contrary to the policy
of express law, though not expressly prohibited, or against public policy, or shall for any
reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining covenants, agreements and provisions of this Resolution and shall in no way affect the validity of any of the other covenants, agreements or provisions hereof or of the Series 2022 Bonds
issued hereunder.
SECTION 11. Except as may be expressly described herein or in the Authorizing
Resolution, nothing in the Authorizing Resolution, this Supplemental Resolution or in the Series 2022 Bonds, expressed or implied, is intended or shall be construed to confer upon any person or entity other than the Issuer and the Series 2022 Bondholders any right, remedy or claim, legal or equitable, under and by reason of the Resolution or any
provision thereof, or of the Series 2022 Bonds, all provisions hereof and thereof being
intended to be and being for the sole and exclusive benefit of the Issuer and the Series 2022 Bondholders from time to time.
SECTION 12. Neither the members of the City Council nor any person executing the Series 2022 Bonds shall be personally liable therefor or be subject to any personal liability or accountability by reason of the issuance thereof.
Resolution No. 22-__
6
SECTION 13. This Resolution shall take effect immediately upon its adoption.
Resolution No. 22-__
7
PASSED AND ADOPTED by the City Council of the City of Clearwater, Florida this __ day of ________, 2022.
CITY OF CLEARWATER, FLORIDA
By: __________________________
Frank Hibbard, Mayor
Approved as to form: Attest:
______________________ _____________________________ David Margolis, City Attorney Rosemarie Call, City Clerk
Resolution No. 22-__
A-1
EXHIBIT A
FORM OF SUMMARY NOTICE OF SALE
Resolution No. 22-__
B-1
EXHIBIT B
FORM OF OFFICIAL NOTICE OF SALE
Resolution No. 22-__
C-1
EXHIBIT C
FORM OF PRELIMINARY OFFICIAL STATEMENT
Resolution No. 22-__
D-1
EXHIBIT D
FORM OF DISCLOSURE DISSEMINATION AGENT AGREEMENT
SUMMARY NOTICE OF SALE
$30,000,000* CITY OF CLEARWATER, FLORIDA NON-AD VALOREM REVENUE BONDS, SERIES 2022 (IMAGINE CLEARWATER IMPROVEMENTS)
ELECTRONIC BIDS, via BiDCOMP/PARITY Competitive Bidding System (BiDCOMP/Parity)
only, will be received by the City of Clearwater, Florida (the "Issuer") for the purchase of all, but not less
than all, of the Issuer’s $30,000,000* Non-Ad Valorem Revenue Bonds, Series 2022 (Imagine Clearwater
Improvements) (the “Bonds”), until [10:30 a.m., local Tampa, Florida time, on Tuesday, June 28, 2022,] or
such other date (which date shall be no earlier than ten (10) days from the date of publication hereof) to be
established by the Finance Director of the Issuer and communicated via Thomson Municipal Market
Monitor at the internet website address www.tm3.com pertaining to this competitive sale at least 18 hours
prior to the date of such sale.
All bids will be reviewed, and the winning bid will be determined publicly at the Municipal
Services Building, 3rd Floor Finance Conference Room, 100 S. Myrtle Avenue, Clearwater, FL 33756
following receipt of bids as described in this Notice of Sale.
Bonds Dated: Date of Delivery
Principal*: Payable annually on October 1, commencing October 1, 2023
through and including October 1, 2052, in the estimated amounts
set forth in the Notice of Sale
Optional Bond Insurance: At the option and expense of the bidder as set forth in the Notice
of Sale
Legal Opinion: Bryant Miller Olive P.A., Tallahassee, Florida, Bond Counsel
Bids must be electronically submitted only via BiDCOMP/Parity on an "all-or-none" basis. Copies of
the Notice of Sale and the Preliminary Official Statement may be obtained electronically at
www.munios.com, or on a limited basis, from Brian Jay Ravins, Finance Director, The City of Clearwater,
100 S. Myrtle Avenue, 3rd Floor, Clearwater, Florida 33756; or from the Financial Advisor, Natalie Sidor,
Public Resources Advisory Group Inc., 150 Second Avenue North, Suite 400, St. Petersburg, Florida 33701,
(727) 822-3339. For more information about the Electronic Platform, potential bidders may call
BiDCOMP/Parity at (212) 849-5021.
CITY OF CLEARWATER, FLORIDA
*Preliminary, subject to adjustment.
1
NOTICE OF SALE $30,000,000* CITY OF CLEARWATER, FLORIDA NON-AD VALOREM REVENUE BONDS, SERIES 2022 (IMAGINE CLEARWATER IMPROVEMENTS) ELECTRONIC BIDS, via BiDCOMP/PARITY Competitive Bidding System (BiDCOMP/Parity) only,
will be received by the City of Clearwater, Florida (the "Issuer") for the purchase of all, but not less than all, of the
Issuer’s $30,000,000* Non-Ad Valorem Revenue Bonds, Series 2022 (Imagine Clearwater Improvements) (the
“Bonds”), until [10:30 a.m., local Tampa, Florida time, on Tuesday, June 28, 2022.]
The Bonds
Authorization and Security
The Bonds are being issued to (i) finance and/or reimburse a portion of the costs of acquisition, design,
construction, reconstruction, renovation, expansion, improving and equipping of the Imagine Clearwater Project,
and (ii) pay costs of issuance for the Bonds.
The Bonds are being issued pursuant to the provisions of the Constitution and laws of the State of Florida,
particularly Chapter 166, Florida Statutes, the municipal charter of the Issuer and other applicable provisions of
law, and Resolution No. 19-34 duly adopted by the City Council of the Issuer on November 21, 2019, as the same
may be amended and supplemented, and as particularly supplemented by Resolution No. [22-XX] duly adopted by
City Council of the Issuer on June 16, 2022 (collectively, the "Resolution") and are subject to all terms and
conditions of the Resolution. Capitalized undefined terms used herein shall have the meanings ascribed thereto in
the Resolution.
The Bonds and the interest thereon are payable solely from and secured by an irrevocable pledge of the
Pledged Funds. Pledged Funds consist of (1) Non-Ad Valorem Revenues which are budgeted and appropriated by
the Issuer in accordance with the Resolution and deposited into the Debt Service Fund, and (2) until applied in
accordance with the provisions of the Resolution, all moneys, including the investments thereof on deposit in the
funds and accounts established under the Resolution. The Issuer has covenanted and has agreed to appropriate in
its annual budget for each Fiscal Year and deposit into the Debt Service Funds sufficient amounts of Non-Ad
Valorem Revenues for the payment of principal of and interest on the Bonds in each Fiscal Year, and to make
certain other payments required by the Resolution, subject to the limitations described in the Resolution
“Non-Ad Valorem Revenues” are defined in the Resolution to mean all Governmental Funds Revenues,
other than revenues generated from ad valorem taxation on real or personal property, which are legally available to
make the payments required herein.
THE BONDS SHALL NOT BE OR CONSTITUTE GENERAL OBLIGATIONS OR INDEBTEDNESS
OF THE ISSUER AS “BONDS” WITHIN THE MEANING OF ANY CONSTITUTIONAL OR STATUTORY
PROVISION, BUT SHALL BE SPECIAL OBLIGATIONS OF THE ISSUER, PAYABLE SOLELY FROM AND
SECURED BY A LIEN UPON AND PLEDGE OF THE PLEDGED FUNDS IN THE MANNER AND TO THE
EXTENT PROVIDED IN THE RESOLUTION. NO HOLDER OF ANY BOND SHALL EVER HAVE THE
RIGHT TO COMPEL THE EXERCISE OF ANY AD VALOREM TAXING POWER TO PAY SUCH BOND,
FOR THE PAYMENT OF ANY AMOUNTS PAYABLE UNDER THE RESOLUTION, OR IN ORDER TO
MAINTAIN ANY SERVICES OR PROGRAMS THAT GENERATE NON-AD VALOREM REVENUES, OR
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BE ENTITLED TO PAYMENT OF SUCH BOND FROM ANY MONEYS OF THE ISSUER EXCEPT FROM
THE PLEDGED FUNDS IN THE MANNER AND TO THE EXTENT PROVIDED IN THE RESOLUTION.
Book-Entry Only
The Bonds shall be initially issued in the form of a separate single certificated fully registered Bond for
each maturity. Upon initial issuance, the ownership of the Bonds shall be registered in the registration books kept
by the Registrar in the name of Cede & Co., as nominee of The Depository Trust Company (“DTC”). As long as
the Bonds shall be registered in the name of Cede & Co., all payments on the Bonds shall be made by the Paying
Agent by check or draft or by wire transfer to Cede & Co., as Holder of the Bonds. The foregoing notwithstanding,
until such time as participation in the book-entry system is discontinued, the provisions set forth in the existing
Blanket Issuer Letter of Representations previously executed by the Issuer and on file with DTC shall apply to the
payment of principal and interest on the Bonds.
Description of the Bonds and Interest Payment Dates
All Bonds shall be in fully registered form in denominations of $5,000 or any integral multiple thereof,
shall be dated the date of delivery (expected to be [July 14, 2022]) and shall bear interest payable on April 1 and
October 1 of each year, commencing April 1, 2023, or such other date as determined by the Issuer.
Principal Amortization of the Bonds
Principal of the Bonds will be paid on the following dates in the following principal amounts:
Maturity
(October 1)
Principal
Amount*
2023 $195,000
2024 490,000
2025 515,000
2026 540,000
2027 565,000
2028 595,000
2029 625,000
2030 655,000
2031 690,000
2032 725,000
2033 760,000
2034 795,000
2035 835,000
2036 880,000
2037 925,000
2038 970,000
2039 1,020,000
2040 1,070,000
2041 1,120,000
2042 1,180,000
2043 1,235,000
2044 1,285,000
3
2045 1,340,000
2046 1,390,000
2047 1,445,000
2048 1,505,000
2049 1,565,000
2050 1,630,000
2051 1,695,000
2052 1,760,000
*Preliminary, subject to adjustment as provided herein.
Adjustment to Principal Amounts
The preliminary aggregate principal amount of the Bonds and the preliminary principal amount of each
maturity on the Bonds as set forth in this Notice of Sale (the “Preliminary Aggregate Principal Amount” and the
“Preliminary Principal Amount” of each periodic payment, respectively; collectively, the “Preliminary Amounts”)
may be revised before the receipt of electronic bids for their purchase. ANY SUCH REVISIONS made prior to the
receipt of electronic bids (the “Revised Aggregate Principal Amount” and the “Revised Principal Amount” of each
payment, respectively; collectively, the “Revised Amounts”) WILL BE PUBLISHED ON THOMSON
MUNICIPAL MARKET MONITOR (“TM3”) (www.TM3.com) NOT LATER THAN 9:00 a.m. (LOCAL
TAMPA, FLORIDA TIME) ON THE ANNOUNCED DATE FOR RECEIPT OF BIDS. In the event that no such
revisions are made, the Preliminary Amounts will constitute the Revised Amounts. Bidders shall submit bids based
on the Revised Amounts and the Revised Amounts will be used to compare bids and select a winning bidder.
As promptly as reasonably possible after the bids are received, the Issuer will notify the bidder to whom
the Bonds will be awarded, if and when such award is made, and such bidder, upon such notice, shall advise the
Issuer of the initial reoffering prices to the public of each maturity of the Bonds (the “Initial Reoffering Prices”).
Such Initial Reoffering Prices, among other things, will be used by the Issuer to calculate the final principal amount
of each principal payment on the Bonds (the “Final Aggregate Principal Amount” and the “Final Principal Amount”
of each principal payment, respectively; collectively, the “Final Amounts”) to accommodate the financing
objectives of the Issuer. The Final Aggregate Principal Amount of the Bonds will not be reduced or increased by
more than 15% from the Revised Aggregate Principal Amount unless the winning bidder agrees to a greater
percentage change. THE SUCCESSFUL BIDDER MAY NOT WITHDRAW ITS BID OR CHANGE THE
INTEREST RATES BID OR THE INITIAL REOFFERING PRICES AS A RESULT OF ANY CHANGES MADE
TO THE REVISED AMOUNTS. The dollar amount bid by the successful bidder will be adjusted to reflect changes
in the dollar amount of the underwriter’s discount and the original issue discount/premium, if any, but will not
change the selling compensation per $1,000 of par amount of the Bonds from the selling compensation that would
have been received based on the purchase price for the Bonds in the winning bid and the Initial Reoffering Prices.
The Final Amounts will be communicated to the successful bidder as soon as possible, but not later than 3:00 P.M.
the day after awarding the Bonds.
Term Bond Option
Any bidder may, at its option, specify that the maturities of the Bonds maturing after October 1, 2042, will
consist of term bonds which are subject to mandatory sinking fund redemption in consecutive years immediately
preceding the maturity thereof (each a “Term Bond”) as designated in the bid of such bidder. In the event that the
bid of the successful bidder specifies that a permitted maturity of the Bonds will be a Term Bond, such Term Bond
will be subject to mandatory sinking fund redemption on October 1, in each applicable year, in the principal amount
4
for such year as set forth hereinbefore under the heading “Principal Amortization of the Bonds,” at a Redemption
Price equal to the principal amount thereof to be redeemed together with accrued interest thereon to the redemption
date, without premium.
Optional Redemption
The Bonds maturing on or after October 1, 2033, are subject to redemption prior to their stated dates of
maturity at the option of the Issuer in whole or in part on any date on or after October 1, 2032, and if in part, from
such maturities as the Issuer shall designate, at the Redemption Price of par plus accrued interest to the redemption
date.
Optional Bond Insurance
The Issuer is not planning to purchase bond insurance at its expense to insure all or some of the Bonds.
However, bidders, at their own expense, may elect to insure all or a portion of the Bonds, and such insurance may
be obtained from one or more bond insurance providers identified by the successful bidder.
The successful bidder agrees to disclose to the Issuer the cost of any such insurance obtained from each (if
more than one) insurance provider used, and to which serial bond or term bond maturity or maturities such insurance
applies. The successful bidder must certify to the net interest cost benefit from the use of bond insurance, as more
fully described in “Undertakings of the Successful Bidder” herein. Insured ratings with the use of bond insurance,
if required, are to be applied for by the successful bidder, and costs incurred for such ratings must be paid at the
successful bidder’s expense. The Issuer will not amend the Resolution nor adopt any other resolution or enter any
agreement to accommodate the bidder’s purchase of insurance.
Electronic Bidding and Bidding Procedures
Registration to Bid
All prospective bidders must be contracted customers of BiDCOMP/Parity Competitive Bidding System.
If you do not have a contract with BiDCOMP, call (212) 849-5021 to become a customer. By submitting a bid for
the Bonds, a prospective bidder represents and warrants to the Issuer that such bidder’s bid for the purchase of the
Bonds (if a bid is submitted in connection with the sale) is submitted for and on behalf of such prospective bidder
by an officer or agent who is duly authorized to bind the prospective bidder to a legal, valid, and enforceable contract
for the purchase of the Bonds.
If any provisions of this Notice of Sale shall conflict with information provided by BiDCOMP/Parity as
approved provider of electronic bidding services, this Notice of Sale shall control. Further information about
BiDCOMP/Parity, including any fee charged, may be obtained from BiDCOMP/Parity at (212) 849-5021.
Disclaimer
Each prospective bidder shall be solely responsible to register to bid via BiDCOMP/Parity. Each qualified
prospective bidder shall be solely responsible to make necessary arrangements to access BiDCOMP/Parity for
purposes of submitting its bid in a timely manner and in compliance with the requirements of this Notice of Sale.
Neither the Issuer nor BiDCOMP/Parity shall have any duty or obligation to undertake such registration to bid for
any prospective bidder or to provide or assure such access to any qualified prospective bidder, and neither the Issuer
nor BiDCOMP/Parity shall be responsible for a bidder’s failure to register to bid or for proper operation of or have
any liability for any delays or interruptions of, or any damages caused by BiDCOMP/Parity. The Issuer is using
BiDCOMP/Parity as a communication mechanism, and not as the Issuer’s agent, to conduct the electronic bidding
5
for the Bonds. The Issuer is not bound by any advice and determination of BiDCOMP/Parity to the effect that any
particular bid complies with the terms of this Notice of Sale and in particular the “Bid Specifications” hereinafter
set forth. All costs and expenses incurred by prospective bidders in connection with their registration and submission
of bids via BiDCOMP/Parity are the sole responsibility of the bidders; and the Issuer is not responsible, directly or
indirectly, for any such costs or expenses. If a prospective bidder encounters any difficulty in registering to bid or
submitting, modifying, or withdrawing a bid for the Bonds, it should telephone BiDCOMP/Parity.
Bidding Procedures
Bids must be submitted electronically for the purchase of the Bonds (all or none) via BiDCOMP/Parity by
[10:30 a.m., local Tampa, Florida time, on Tuesday, June 28, 2022] unless postponed as described herein (see
“Change of Bid Date and Closing Date”). Prior to that time, a prospective bidder may input and save proposed
terms of its bid in BiDCOMP. Once the final bid has been saved in BiDCOMP, the bidder may select the final bid
button in BiDCOMP to submit the bid to BiCOMP/Parity. Once the bids are communicated electronically via
BiDCOMP/Parity to the Issuer, each bid will constitute an irrevocable offer to purchase the Bonds on the terms
therein provided. For purposes of the electronic bidding process, the time as maintained on BiDCOMP shall
constitute the official time. For information purposes only, bidders are requested to state in their bids the true interest
cost to the Issuer, as described under “Award of the Bonds” below, represented by the rate or rates of interest and
the bid price specified in their respective bids.
No bids will be accepted in written form, by facsimile transmission or in any other medium or on any system
other than via BiDCOMP. No bid will be received after the time for receiving such bids specified above. All bids
will be reviewed, and the winning bid will be determined publicly at the Municipal Services Building, 3rd Floor
Finance Conference Room, 100 S. Myrtle Avenue, Clearwater, FL 33756 following receipt of bids as described in
this Notice of Sale.
Bid Specifications
Each bid for the Bonds must specify the amount bid for such Bonds and must specify in multiples of one-
eighth (1/8) or one-twentieth (1/20) of one percent (1%) the rate or rates of interest per annum which the Bonds are
to bear. Each bidder must bid a single rate for each maturity of the Bonds. No interest rate for the Bonds may
exceed five percent (5.00%). As specified in the Resolution, bids must be for not less than 98% of the par value of
the aggregate principal amount of the Bonds and the True Interest Cost (“TIC”) cannot exceed [5.50%].
Good Faith Deposit
A good faith deposit (the “Deposit”) in the amount equal to $300,000.00 (the “Deposit”) is required in the
form of a Federal funds wire transfer to be submitted to the Issuer by the successful bidder not later than 5:00 p.m.,
local Tampa, Florida time, on the date of the sale (the “Wire Transfer Deadline”). The Deposit of the successful
bidder will be collected and the proceeds thereof retained by the Issuer to be applied in partial payment for the
Bonds and no interest will be allowed or paid to the successful bidder upon the amount thereof, but in the event the
successful bidder shall fail to comply with the terms of the respective bid, the proceeds thereof will be retained as
and for full liquidated damages.
The Issuer will distribute wiring instructions for the Deposit to the successful bidder upon verification of
the bids submitted by the bidders and prior to the Wire Transfer Deadline. If the Deposit is not received by the Wire
Transfer Deadline, the award of the sale of the Bonds to the successful bidder may be cancelled by the Issuer in its
discretion without any financial liability of the Issuer to the successful bidder or any limitation whatsoever on the
6
Issuer’s right to sell the Bonds to a different purchaser upon such terms and conditions as the Issuer shall deem
appropriate.
Award of the Bonds
The Issuer will not accept and will reject any bid for less than all of the above-described Bonds. The Issuer
reserves the right to reject any and all bids and to waive any irregularities or informalities in any bid or to take any
other action the Issuer may deem to be in the best interest of the Issuer. The judgment of the Issuer shall be final
and binding upon all bidders with respect to the form and adequacy of any bid received and as to its conformity
with the terms of this Notice of Sale.
The award of the Bonds, if made, will be made as promptly as possible after the bids are opened to the
bidder offering the lowest interest rate to the Issuer for the Bonds. The lowest interest rate shall be determined in
accordance with the true interest cost (TIC) method by doubling the semiannual interest rate (compounded
semiannually) necessary to discount the debt service payments from the payment dates to the date of the Bonds and
to the price bid. If more than one bid offers the same lowest true interest cost, the successful bid will be selected
by lot from among all such bids. Each bidder shall include in its bid a statement of true interest cost offered in its
bid, but this statement shall not be deemed to be part of the bid. Upon notice of such award, the winning bidder
shall advise the Issuer of the Initial Reoffering Prices to the public of each maturity of the Bonds.
Change of Bid Date and Closing Date
The Issuer reserves the right to postpone, from time to time, the date established for the receipt of bids and
will undertake to notify registered prospective bidders via notification published on TM3 (www.tm3.com).
Prospective bidders may request notification by email of any such changes in the date or time for the receipt of bids
by so advising, and furnishing their email address to Public Resources Advisory Group at nsidor@pragadvisors.com
by 12:00 Noon, Tampa, Florida time, on the day prior to the announced date for receipt of bids. In addition, the
Issuer reserves the right to make changes to this Notice of Sale. Such changes will be announced on TM3.
A postponement of the bid date will be announced via TM3 not later than 9:30 a.m., Tampa, Florida time,
on the announced date for receipt of bids, and an alternative sale date and time will be announced via TM3 at least
18 hours prior to such alternative date for receipt of bids.
On any such alternative date and time for receipt of bids, the Issuer will accept electronic bids for the
purchase of the Bonds, such bids to conform in all respects to the provisions of this Notice of Sale, except for the
changes in the date and time for receipt of bids and any other changes announced via TM3 at the time the date and
time for receipt of bids are announced.
Undertakings of the Successful Bidder
THE SUCCESSFUL BIDDER SHALL MAKE A BONA FIDE PUBLIC OFFERING OF THE BONDS AT
THEIR RESPECTIVE INITIAL REOFFERING PRICES AND SHALL PROVIDE THE RELATED
CERTIFICATION DESCRIBED BELOW.
The successful bidder shall, within 30 minutes after being notified of the award of the Bonds, advise the
Issuer in writing (via email) of the Initial Reoffering Prices for the Bonds. The successful bidder must, by email or
delivery received by the Issuer within 24 hours after notification of the award, furnish the following information to
the Issuer to complete the Official Statement in final form, as described below:
7
A. Selling compensation (aggregate total anticipated compensation to the underwriters expressed in dollars,
based on the expectation that all the Bonds are sold at the prices or yields at which the successful bidder
advised the Issuer that the Bonds were initially offered to the public).
B. The identity of the underwriters if the successful bidder is part of a group or syndicate.
C. Whether the successful bidder will utilize bond insurance for any of the Bonds and, if so, the maturities
insured and name and contact information for the bond insurer.
D. Any other material information that the Issuer determines is necessary to complete the Official Statement
in final form.
In addition, if municipal bond insurance is used for any of the Bonds, the successful bidder shall include
the following in its certification described above:
(I) The present value of the fee paid to the bond insurer for insuring the Bonds (the “Credit Facility”)
(using a discount rate the expected yield on the Bonds treating the fee paid as interest on the Bonds)
is less than the present value of the interest reasonably expected to be saved on the Bonds over the
term of the Bonds as a result of the Credit Facility, that the fee paid for the Credit Facility does not
exceed a reasonable, arm’s length charge for the transfer of credit risk, and that the fee does not
include any payment for any direct or indirect services other than the transfer of credit risk.
After the award of the Bonds, the Issuer will prepare copies of the final Official Statement and will include
therein such additional information concerning the reoffering of the Bonds as the successful bidder may reasonably
request. The successful bidder will be responsible to the Issuer in all aspects for the accuracy and completeness of
information provided by such successful bidder with respect to such reoffering.
Issue Price Certificate The successful bidder shall assist the Issuer in establishing the issue price of the Bonds and shall execute
and deliver to the Issuer on or prior to the Closing Date (as defined below) an "issue price" or similar certificate
setting forth the reasonably expected initial offering prices to the public or the actual sales price or prices of the
Bonds, together with the supporting pricing wires or equivalent communications, substantially in the applicable
form attached hereto as Exhibit A, with such modifications as may be appropriate or necessary, in the reasonable
judgment of the successful bidder, the Issuer and Bond Counsel.
Competitive Sale Requirements. The Issuer intends that the provisions of Treasury Regulation Section 1.148-
1(f)(3)(i) (defining "competitive sale" for purposes of establishing the issue price of the Bonds) will apply to the
initial sale of the Bonds (“competitive sale requirements”) because:
(1) the Issuer has disseminated this Notice of Sale to potential underwriters in a manner that is reasonably designed to reach potential underwriters;
(2) all bidders shall have an equal opportunity to bid;
(3) the Issuer expects to receive bids from at least three underwriters of municipal bonds who have established industry reputations for underwriting new issuances of municipal bonds;
and
(4) the Issuer anticipates awarding the sale of the Bonds to the bidder who submits a firm offer to purchase the Bonds at the lowest true interest cost, as set forth in this Notice of Sale.
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In the event that the competitive sale requirements are not satisfied, the Issuer shall so advise the successful bidder.
In such case, the Issuer shall treat the first price at which 10% of a maturity of the Bonds is sold to the public (the
"10% test") as the issue price of that maturity, applied on a maturity-by-maturity basis. The successful bidder shall
advise the Issuer if any maturity of the Bonds satisfies the 10% test as of the date and time of the award of the
Bonds.
Any bid submitted pursuant to this Notice of Sale shall be considered a firm bid for the purchase of the
Bonds. By submitting a bid for the Bonds, a bidder represents and warrants to the Issuer that the bidder
has an established industry reputation for underwriting new issuances of municipal bonds and such bidder’s
bid is submitted for and on behalf of such bidder by an officer or agent who is duly authorized to bind the
bidder to a legal, valid and enforceable contract for the purchase of the Bonds. Once the bids are
communicated electronically via PARITY® to the Issuer, each bid will constitute an irrevocable offer to purchase
the Bonds on the terms herein and therein provided.
The Issuer will not require bidders to comply with the "hold-the-offering-price rule" set forth in Treasury
Regulation Section 1.148-1(f)(2)(ii).
If the competitive sale requirements are not satisfied, then until the 10% test has been satisfied as to each
maturity of the Bonds, the successful bidder agrees to promptly report to the Issuer the prices at which the unsold
Bonds of each maturity have been sold to the public. That reporting obligation shall continue, whether or not the
Closing Date has occurred, until the 10% test has been satisfied for each maturity or until all Bonds of that maturity
have been sold.
By submitting a bid and if the competitive sale requirements are not met, each bidder confirms that: (i) any
agreement among underwriters, any selling group agreement and each retail distribution agreement (to which the
bidder is a party) relating to the initial sale of the Bonds to the public, together with the related pricing wires,
contains or will contain language obligating each underwriter, each dealer who is a member of the selling group,
and each broker-dealer that is a party to such retail distribution agreement, as applicable, to report the prices at
which it sells to the public the unsold Bonds of each maturity allotted to it until it is notified by the successful bidder
that either the 10% test has been satisfied as to the Bonds of that maturity or all Bonds of that maturity have been
sold to the public, if and for so long as directed by the successful bidder and as set forth in the related pricing wires,
and (ii) any agreement among underwriters relating to the initial sale of the Bonds to the public, together with the
related pricing wires, contains or will contain language obligating each underwriter that is a party to a retail
distribution agreement to be employed in connection with the initial sale of the Bonds to the public to require each
broker-dealer that is a party to such retail distribution agreement to report the prices at which it sells to the public
the unsold Bonds of each maturity allotted to it until it is notified by the successful bidder or such underwriter that
either the 10% test has been satisfied as to the Bonds of that maturity or all Bonds of that maturity have been sold
to the public, if and for so long as directed by the successful bidder or such underwriter and as set forth in the related
pricing wires.
Sales of any Bonds to any person that is a related party to an underwriter shall not constitute sales to the
public for purposes of this Notice of Sale. Further, for purposes of this Notice of Sale:
(i) "public" means any person other than an underwriter or a related party,
(ii) "underwriter" means (A) any person that agrees pursuant to a written contract (i.e. this Notice of Sale) with the Issuer (or with the lead underwriter to form an underwriting syndicate) to participate in the initial sale of the Bonds to the public and (B) any person that agrees pursuant to a written contract directly or indirectly with a person described in
clause (A) to participate in the initial sale of the Bonds to the public (including a member
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of a selling group or a party to a retail distribution agreement participating in the initial sale of the Bonds to the public),
(iii) a purchaser of any of the Bonds is a "related party" to an underwriter if the underwriter and the purchaser are subject, directly or indirectly, to (i) at least 50% common ownership of the voting power or the total value of their stock, if both entities are corporations (including direct ownership by one corporation of another), (ii) more than 50% common ownership of their capital interests or profits interests, if both entities are partnerships (including direct ownership by one partnership of another), or (iii) more than 50% common ownership of the value of the outstanding stock of the corporation or the capital interests or profit interests of the partnership, as applicable, if one entity is a corporation and the other entity is a partnership (including direct ownership of the applicable stock or interests by one entity of the other), and
(iv) "sale date" means the date that the Bonds are awarded by the Issuer to the successful bidder.
Official Statement
Not later than seven (7) business days after the award of the Bonds to the successful bidder on the day of
sale, the Issuer will deliver to the successful bidder an Official Statement, which is expected to be substantially in
the form of the Preliminary Official Statement referred to below. If so requested by the successful bidder at or
before the close of business on the date of the sale, the Issuer will include in the Official Statement such pricing and
other information with respect to the terms of the reoffering of the Bonds by the successful bidder (“Reoffering
Information”), if any, as may be specified and furnished in writing by the successful bidder. If no Reoffering
Information is specified and furnished by the successful bidder, the Official Statement will include the interest rates
on the Bonds resulting from the bid of the successful bidder and the other statements with regard to reoffering
contained in the Preliminary Official Statement. The successful bidder shall be responsible to the Issuer and its
officials for the Reoffering Information, and for all decisions made by the successful bidder with respect to the use
or omission of the Reoffering Information in any reoffering of the Bonds, including the presentation or exclusion
of any Reoffering Information in any documents, including the Official Statement. The successful bidder for the
Bonds will also be furnished, without cost, a reasonable number of copies of the Official Statement for the Bonds
(and any amendment or supplement thereto).
Delivery of the Bonds
It is anticipated that delivery will be on or about [July 14, 2022] upon due notice and at the expense of the
successful bidder, at the offices of DTC, upon payment of the amount of the successful bid (including any premium),
less the deposit theretofore made. Such payment shall be made in Federal Reserve Bank Funds (“Fed Funds”). The
Bonds will be accompanied by the customary closing documents, including a no-litigation certificate, effective as
of the date of delivery, stating that there is no litigation pending affecting the validity of any of the Bonds included
in this issue. It shall be a condition to the obligation of the successful bidder to accept delivery of and pay for the
Bonds that, simultaneously with or before delivery and payment for the Bonds, the respective bidder shall be
furnished a certificate or certificates of the Issuer to the effect that, to the best of their knowledge and belief, the
Official Statement (and any amendment or supplement thereto except for the Reoffering Information as to which
no view will be expressed) as of the date of sale and as of the date of delivery of the Bonds does not contain any
untrue statement of a material fact and does not omit to state a material fact necessary to make the statements
therein, in the light of the circumstances under which they were made, not misleading, and that between the date of
the most recent audited financial statements and the date of delivery of the Bonds there has been no material adverse
change in the financial position or revenues of the Issuer, except as reflected or contemplated in the Official
Statement (and any amendment or supplement thereto).
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Legal Opinion
The issuance of the Bonds will be subject to legal approval by Bryant Miller Olive, P.A., and copies of such
opinion will be delivered upon request, without charge, to the successful bidder for the Bonds. Such opinion shall
be substantially in the form included in Appendix D to the Preliminary Official Statement referred to below.
The legal opinion (or reliance letter thereon) of Nabors, Giblin & Nickerson, P.A., Disclosure Counsel,
with respect to certain matters concerning the Final Official Statement will be furnished without charge to the
successful bidder at the time of delivery of the Bonds.
CUSIP Numbers
It is anticipated that CUSIP identification numbers will be printed on the Bonds, but neither the failure to
print any such number on any bond nor any error with respect thereto shall constitute cause for a failure or refusal
by the successful bidder to accept delivery of and pay for the Bonds in accordance with the terms of this Notice of
Sale. Public Resources Advisory Group (the “Financial Advisor”) will timely apply for CUSIP numbers with
respect to the Bonds as required by MSRB Rule G-34. All expenses in relation to the printing of the CUSIP
identification numbers on the Bonds shall be paid by the Issuer. However, the CUSIP Service Bureau charge for
the assignment of such numbers shall be the responsibility of and shall be paid by the successful bidder.
Continuing Disclosure
In order to assist the successful bidder with its obligation under SEC Rule 15c2-12(b)(5), the Issuer has
covenanted to provide certain ongoing disclosure with respect to the Bonds. The Issuer’s continuing disclosure
covenant is more fully described in the Preliminary Official Statement referred to below.
Truth-In-Bonding Statement
Each bidder will be required to fill out the Truth in Bonding section set out in the form attached hereto as
Exhibit B pursuant to Section 218.385(2), Florida Statutes prior to the award of the Bonds by the Issuer. THE
ISSUER RESERVES THE RIGHT TO ASSIST THE BIDDER IN CORRECTING ANY INCONSISTENCIES
OR INACCURACIES SET FORTH IN SUCH PARAGRAPHS. THE ISSUER MAY WAIVE ANY
INCONSISTENCIES OR INACCURACIES RELATING TO SUCH PARAGRAPHS AND ANY SUCH
WAIVED INCONSISTENCIES OR INACCURACIES SHALL NOT ADVERSELY AFFECT THE BID.
Additional Information
The Bonds are more particularly described in the Preliminary Official Statement of the Issuer relating to
the Bonds (the “Preliminary Official Statement”), available via the internet at www.munios.com. This Notice of
Sale contains certain information for quick reference only. It is not, and is not intended to be, a summary of the
Bonds. Each bidder is required to read the entire Preliminary Official Statement to obtain information essential to
making an informed investment decision. Capitalized terms used but not defined herein shall have the meaning
assigned to such terms in the Preliminary Official Statement. The Preliminary Official Statement is deemed final
by the Issuer as of its date for purposes of SEC Rule 15c2-12 but is subject to revision, amendment and completion
in the Official Statement referred to above.
Brian Jay Ravins, Finance Director
City of Clearwater, Florida
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Exhibit A To Notice of Sale
Form of Issue Price Certificates $30,000,000* CITY OF CLEARWATER, FLORIDA NON-AD VALOREM REVENUE BONDS, SERIES 2022 (IMAGINE CLEARWATER IMPROVEMENTS) ISSUE PRICE CERTIFICATE
The undersigned, on behalf of __________ (the "Initial Purchaser"), hereby certifies as set forth below with respect to the sale and issuance of the above-captioned obligations (the "Bonds").
[Alternate 1 - Competitive Safe Harbor Met]
1. Reasonably Expected Initial Offering Price.
(a) As of the Sale Date, the reasonably expected initial offering prices of the Bonds to the Public by the Initial Purchaser are the prices listed in Schedule A (the "Expected Offering Prices"). The Expected
Offering Prices are the prices for the Maturities of the Bonds used by the Initial Purchaser in formulating its bid to purchase the Bonds. Attached as Schedule B are true and correct copies of the (i) bid provided by the Initial Purchaser to purchase the Bonds and (ii) the pricing wire or equivalent communication.
(b) The Initial Purchaser was not given the opportunity to review other bids prior to submitting its bid.
(c) The bid submitted by the Initial Purchaser constituted a firm offer to purchase the Bonds.
(d) The Initial Purchaser has an established industry reputation for underwriting new issuances of municipal bonds.
2. Defined Terms.
(a) “Issuer” means the City of Clearwater, Florida.
(b) "Maturity" means Bonds with the same credit and payment terms. Bonds with different maturity dates, or Bonds with the same maturity date but different stated interest rates, are treated as separate Maturities.
(c) "Public" means any person (including an individual, trust, estate, partnership, association,
company, or corporation) other than an Underwriter or a related party to an Underwriter. The term "related party" for purposes of this certificate generally means any two or more persons who have (i) at least 50% common ownership of the voting power or the total value of their stock, if both entities are corporations (including direct ownership by one corporation of another), (ii) more than 50% common ownership of their capital interests or profits interests, if both entities are partnerships (including direct ownership by one partnership of another), or (iii) more than 50% common ownership of the value of the outstanding stock of the corporation or the capital interests or
profit interests of the partnership, as applicable, if one entity is a corporation and the other entity is a partnership (including direct ownership of the applicable stock or interests by one entity of the other).
(d) "Sale Date" means the date that the Bonds are awarded by the Issuer to the successful
bidder. The Sale Date of the Bonds is [DATE].
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(e) "Underwriter" means (i) any person that agrees pursuant to a written contract with the Issuer (or with the lead underwriter to form an underwriting syndicate) to participate in the initial sale of the Bonds
to the Public, and (ii) any person that agrees pursuant to a written contract directly or indirectly with a person described in clause (i) of this paragraph to participate in the initial sale of the Bonds to the Public (including a member of a selling group or a party to a retail distribution agreement participating in the initial sale of the Bonds
to the Public).
The representations set forth in this certificate are limited to factual matters only. Nothing in this certificate represents the Initial Purchaser's interpretation of any laws, including specifically Sections 103 and 148 of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations thereunder. The undersigned understands that the foregoing information will be relied upon by the Issuer with respect to certain of the representations set forth in the Tax Certificate and with respect to compliance with the federal income tax rules affecting the Bonds, and by Bond Counsel in connection with rendering its opinion that the interest on the Bonds is excluded from gross income for federal income tax purposes, the preparation of the Internal Revenue Service Form
8038-G, and other federal income tax advice that it may give to the Issuer from time to time relating to the Bonds.
[INITIAL PURCHASER]
By: ___________________________________
Name: _________________________________
Dated: [ISSUE DATE]
[Alternate 2 - Competitive Sale Requirements Not Met – General Rule to Apply]
1. Sale of the Bonds. As of the date of this certificate, for each Maturity of the Bonds, the first price at which at least 10% of such Maturity of the Bonds was sold to the Public is the respective price listed in Schedule A. Each maturity of the Bonds of which at least 10% of such maturity has not yet been sold to the public (the “Unsold Bonds”) is also identified in Schedule A. Attached as Schedule B are true and correct copies of the (i) bid provided by the Initial Purchaser to purchase the Bonds, and (ii) the pricing wire or equivalent communication for the Bonds. The Initial Purchaser has and will comply with the requirements set forth under the heading “Issue Price Certificate” in the Notice of Sale for the Bonds, including reporting on the sale prices of the Unsold Bonds after the
date hereof as provided therein.
2. Defined Terms.
(a) "Issuer" means the City of Clearwater, Florida.
(b) "Maturity" means Bonds with the same credit and payment terms. Bonds with different maturity dates, or Bonds with the same maturity date but different stated interest rates, are treated as separate maturities.
(c) "Public" means any person (including an individual, trust, estate, partnership, association, company, or corporation) other than an Underwriter or a related party to an Underwriter. The term "related party" for purposes of this certificate generally means any two or more persons who have (i) at least 50% common ownership of the voting power or the total value of their stock, if both entities are corporations (including direct ownership by one corporation of another), (ii) more than 50% common ownership of their capital interests or profits interests, if both entities are partnerships (including direct ownership by one partnership of another), or (iii) more than 50% common ownership of the value of the outstanding stock of the corporation or the capital interests or profit interests of the partnership, as applicable, if one entity is a corporation and the other entity is a partnership
(including direct ownership of the applicable stock or interests by one entity of the other).
(d) "Sale Date" means the date that the Bonds are awarded by the Issuer to the successful bidder. The Sale Date of the Bonds is [DATE].
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(e) "Underwriter" means (i) any person that agrees pursuant to a written contract with the Issuer (or with the lead underwriter to form an underwriting syndicate) to participate in the initial sale of the Bonds
to the Public, and (ii) any person that agrees pursuant to a written contract directly or indirectly with a person described in clause (i) of this paragraph to participate in the initial sale of the Bonds to the Public (including a member of a selling group or a party to a retail distribution agreement participating in the initial sale of the Bonds
to the Public).
The representations set forth in this certificate are limited to factual matters only. Nothing in this certificate represents the Initial Purchaser's interpretation of any laws, including specifically Sections 103 and 148 of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations thereunder. The undersigned understands that the foregoing information will be relied upon by the Issuer with respect to certain of the representations set forth in the Tax Certificate and with respect to compliance with the federal income tax rules affecting the Bonds, and by Bond Counsel in connection with rendering its opinion that the interest on the Bonds is excluded from gross income for federal income tax purposes, the preparation of Internal Revenue Service Form
8038-G, and other federal income tax advice it may give to the Issuer from time to time relating to the Bonds.
[INITIAL PURCHASER]
By: ___________________________________
Name: _________________________________
Dated: [ISSUE DATE]
[SCHEDULE A]
[EXPECTED OFFERING PRICES – COMPETITVE SAFE HARBOR MET]
[SCHEDULE A]
[SALE PRICES OF THE GENERAL RULE MATURITIES]
(To Be Attached)
SCHEDULE B
PRICING WIRE OR EQUIVALENT COMMUNICATION
(To Be Attached)
14
Exhibit B to Notice of Sale
Form of Truth-in-Bonding Statement and Disclosure CITY OF CLEARWATER, FLORIDA NON-AD VALOREM REVENUE BONDS, SERIES 2022 (IMAGINE CLEARWATER IMPROVEMENTS) TRUTH-IN-BONDING STATEMENT AND DISCLOSURE In compliance with Section 218.385, Florida Statutes, as amended, the undersigned bidder submits the following Truth-In-Bonding Statement with respect to the 2022 Bonds, as defined below (NOTE: For information purposes only and not a part of the bid):
The City of Clearwater, Florida Non-Ad Valorem Revenue Bonds, Series 2022 (Imagine Clearwater
Improvements), (the "2022 Bonds") are being issued by the City of Clearwater, Florida (the "Issuer") in the aggregate principal amount of $30,000,000* to (i) finance and/or reimburse a portion of the costs of acquisition, design, construction, reconstruction, renovation, expansion, improving and equipping of the Imagine Clearwater
Project, and (ii) pay costs of issuance for the 2022 Bonds. The 2022 Bonds are expected to be paid over a period of ___ years, at a true interest cost of _______%, total interest paid over the life of the 2022 Bonds will be $_______________.
The 2022 Bonds are being issued pursuant to the provisions of the Constitution and laws of the State of Florida, particularly Chapter 166, Florida Statutes, the municipal charter of the Issuer and other applicable provisions of law, and Resolution No. 19-34 duly adopted by the City Council of the Issuer on November 21, 2019, as the same may be amended and supplemented, and as particularly supplemented by Resolution No. [22-XX] duly adopted by City Council of the Issuer on June 16, 2022 (collectively, the "Resolution"). The 2022 Bonds and the interest thereon are payable solely from and secured by an irrevocable pledge of the Pledged Funds. Pledged Funds consist of (1) Non-Ad Valorem Revenues which are budgeted and appropriated by the Issuer in accordance with the Resolution and deposited into the Debt Service Fund, and (2) until applied in accordance with the provisions of the Resolution, all moneys, including the investments thereof on deposit in the
funds and accounts established under the Resolution. The Issuer has covenanted and agreed to appropriate in its annual budget for each fiscal year and deposit into the Debt Service Fund sufficient amounts of Non-Ad Valorem Revenues for the payment of principal of and interest on the 2022 Bonds in each fiscal year, and to make certain
other payments required by the Resolution, subject to the limitations described in the Resolution. Authorizing the 2022 Bonds will result in a maximum of approximately $________ of such Pledged Funds not being available for other services or purposes of the Issuer each year for approximately ____ years.
In compliance with Section 218.386, Florida Statutes, the undersigned, on behalf of itself and all other members of the underwriting group, if any, hereby certifies that neither it nor any member of the underwriting group have paid any “finder’s fees” as defined in Section 218.386, Florida Statutes, any bonus, fee or gratuity in connection with the sale of the 2022 Bonds, except as the following: Bidder’s Name: ________________________________ By: ______________________________________________ Title: ____________________________________________
Date: ____________________________________________
NG&N DRAFT #2: 5/26/2022 180-00023.C2
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GENERAL INFORMATION RELATING TO THE CITY OF CLEARWATER, FLORIDA
Location
The City of Clearwater (the "City"), the county seat of Pinellas County (the sixth
most populous county in Florida), is geographically located in the middle of the west
coast of the State of Florida (the "State") on the Gulf of Mexico. It is situated
approximately 20 miles west of Tampa and 20 miles north of St. Petersburg. Standing on
the highest coastal elevation of the State, the City limits comprise approximately 26.6
square miles of land and 13.7 square miles of waterways and lakes.
Clearwater Beach, a corporate part of the City, is a beach community connected to
the mainland by the Clearwater Memorial Causeway, a four-lane, toll-free drive
stretching almost two miles across the Intracoastal Waterway. Business on Clearwater Beach is mainly tourist-oriented, with hotels, motels, restaurants, and other amenities serving them. Many homes, apartments and condominiums offer pleasant, semi-tropical island accommodations to permanent residents and winter and summer visitors.
History
Present-day Clearwater was originally the home of the Tocobaga people. In or around 1835, the United States Army began construction of Fort Harrison, named after William Henry Harrison, as an outpost during the Seminole Wars. The fort was located on a bluff overlooking Clearwater Harbor, which later became part of an early 20th-
century residential development called Harbor Oaks. The area's population grew after the
Federal Armed Occupation Act of 1842 offered 160 acres to anyone who would bear
arms and cultivate the land. Prior to 1906, the area was known as Clear Water Harbor.
The Native Americans who inhabited this area are said to have called it "Pocotopaug,"
meaning "clear water," for the many springs of clear, fresh water that bubbled along the
shore and even below the waterline at low tide. The town began developing in the late
nineteenth century, prompted by the completion of the first passenger railroad line into
the City in 1888. Clearwater was incorporated in 1891. The area's popularity as a vacation destination grew after railroad magnate Henry B. Plant built a sprawling Victorian resort hotel named Belleview Biltmore just south of Clearwater in 1897. Clearwater was reincorporated as a city on May 27, 1915 and was designated the county seat for Pinellas County.
Government and Administration
The City has a Council/Manager form of government, and the City Manager serves as the Chief Executive and Administrative Officer of the City. The Clearwater City Council (the "Council") is comprised of the Mayor and four Councilmembers, who are elected to serve four-year terms. The Council is responsible for setting policies and
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making decisions on local government issues including tax rates, annexations, re-zonings, and large contract awards. The City has approximately 1,840 full-time equivalent employees. Three employee unions represent the City's civil labor force: the Fraternal Order of Police (two bargaining units), the International Association of Fire Fighters, and
the Communications Workers of America.
Transportation
Pinellas County and the City are served by three major causeways and bridges
over Tampa Bay, by U.S. 19 and I-275 to the north and south, and by I-4 and U.S. 60 to
the east. State Roads 590 and 686 also afford access to the City.
Tampa International Airport, located approximately seventeen miles from
downtown Clearwater, provides air travel access with daily national and international
flights. The number of passengers served in 2021 was in excess of 18 million, an
increase of 76.94% over calendar year 2020. St. Petersburg/Clearwater International
Airport ("PIE"), located approximately ten miles from downtown Clearwater, is a full service airport with commercial passenger service, military, and general aviation operations. PIE is home to one of the busiest Coast Guard Air Station in the world. U.S. Customs and the FAA-operated control tower are also important federal government services at the airport, along with the Airport Industrial Park. The entire 2000-acre tract of the airport is designated as a Foreign Trade Zone. The number of passengers served at PIE in 2021 exceeded 2.0 million, representing a 46% increase over 2020. The Clearwater Airpark, owned by the City and located slightly over a mile from the downtown business area, is a smaller airport that provides storage, service, and maintenance for private plane owners. The airpark has one 4,108 foot hard-surface
runway and facilities for visiting and locally-based planes, including 57 T-hangars, 30
shade hangars, 65 paved tie down spaces and 25 grass spaces.
The Port of Tampa (22 miles to the east) is the closest deep water port. The port is
serviced by a variety of steamship agents and operators. The United States Coast Guard
maintains a search and sea rescue cutter station on Clearwater Harbor opposite Sand Key.
The Pinellas Suncoast Transit Authority ("PSTA") bus service is currently Pinellas
County's only general public transit. The service offers approximately 40 local routes,
including two express routes to Hillsborough County, and a beach trolley that runs north and south along Pinellas County's roughly 25-mile-long chain of barrier islands. The Clearwater Trolley also provides transportation on Clearwater Beach with daily routes along North and South Clearwater Beach, Island Estates, and Sand Key. One of PSTA's transfer hubs, Park Street Terminal, is located in downtown Clearwater.
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Utilities, Public Service and Community Facilities
The City owns and operates its own water and wastewater collection systems. Water is obtained from 44 deep wells owned and operated by the City (approximately 60%) and from wholesale purchases from the Pinellas County Water System
(approximately 40%). Total daily average water demand is approximately 10.8 million
gallons per day distributed through a network of 597 miles of water mains. The
wastewater collection program provides for the transmission of wastewater through the
City's underground sewer mains, collectors and interceptor lines and for the maintenance,
repair and replacement of 408 miles of sanitary sewer lines. The City maintains 305
miles of paved streets, 156 miles of stormwater mains and 1,053 miles of gas mains.
Electric power is provided by Duke Energy and telephone, cable, and internet
services are provided by Frontier Communications, Spectrum, and WOW!
The Clearwater Public Library System consists of a main library and four branches
which are spread evenly throughout the community for easy access. The City, in a joint partnership with St. Petersburg College, opened the Clearwater East Community Library at St. Petersburg College in April 2018. The $15 million project was cooperatively funded with St. Petersburg College and is located on the college's Clearwater Campus. The 40,000-square-foot library includes 10,000 square feet of dedicated public space, 15,000 square feet of dedicated college space and 15,000 square feet of shared space. Highlights of the state-of-the-art library include a dedicated children's section with an educational discovery area, as well as a youth program room, a collection of more than 90,000 electronic and print materials, and two conference rooms. The library also features a drive-up service window for item pick-up and return. The college and the city
share 40 public internet computers, access to both collections and a large community
meeting room.
The City offers 42 acres of public beach front, approximately 1,875 acres of parks,
27 playgrounds, numerous athletic courts and fields, nine swimming pools, an 8,500 seat
baseball and softball stadium, three golf courses, eight recreation centers, approximately
19 miles of recreational paths, a 207 slip yacht basin and marina located on Clearwater
Beach, and a 126 slip marina downtown. The Philadelphia Phillies conduct spring
training at the City-owned Spectrum Field. Clearwater is also the home of the Phillies'
minor league team, the Clearwater Threshers.
Tourism
VISIT FLORIDA reported 117.7 million domestic tourists in addition to an estimated 4.1 million overseas visitors and 584 thousand Canadians who came to Florida during calendar year 2021 compared to a total of 79.2 million tourists in 2020. This represents a 54.6% increase from 2020, though it was still lower than 2019 by 6.6%. Domestic visitation fell below pre-COVID levels in the first quarter of 2021 but saw a
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robust recovery in the subsequent three quarters that resulted in visitation for the calendar year exceeding visitation in 2019. Overseas and Canadian visitation remained significantly lower than in 2019, though the rescinding of many international travel restrictions in November resulted in a notable improvement in the fourth quarter.
Domestic visitors to the State in 2021 constituted 96.2% of total visitors, followed by
3.3% from overseas countries and 0.5% from Canada. According to information
provided by the Visit St. Petersburg/Clearwater Area Convention and Visitors Bureau
(the "CVB"), the St. Petersburg/Clearwater area attracted 14.9 million visitors in 2021
compared to 12.5 million in 2020, an increase of 18.8%. Tourism continues to be a major
employer for Pinellas County and the Tampa Bay region. The total estimated economic
impact of tourism to Pinellas County for 2021 was over $9.0 billion per the CVB.
Clearwater Beach was rated best beach in the U.S., and 6th in the world, per
TripAdvisor's 2019 Traveler's Choice Awards.
Education
The Pinellas County School District operates a total of 150 schools within Pinellas County, comprising elementary through high school, vocational schools, alternative schools, Charter Schools, and the Pinellas Virtual School. The Pinellas County School District is the 26th largest in the nation and the seventh largest in the State with approximately 13,384 full- and part-time positions, of which 7,394 are teachers. During the 2021-2022 school year, enrollment was 101,427 for pre-kindergarten thru high school. Private schools and academies are also located within or near the City limits. Four four-year colleges and universities serve Pinellas County with a total of five campuses: Eckerd College; the University of South Florida, with campuses in Tampa and
St. Petersburg; St. Petersburg College; and Stetson University College of Law.
Additionally, Pinellas Technical College, operated by the Pinellas County School District
with campuses in St. Petersburg and Clearwater, provides Pinellas County's students with
over 40 different career areas and about 60 programs, including continuing education
courses and commercial training services, and has approximately 5,000 full-time students
enrolled.
Labor, Commerce and Industry
Some of the City's largest employers include BayCare Health System, Bausch & Lomb Surgical, Lincare Holdings, Aerosonic Corporation, MarineMax, Heritage Insurance, KnowBe4 and GE Instrument Transformers, which completed construction of a 208,000-square-foot advanced manufacturing center of excellence in 2015. The Wyndham Grand opened its doors in 2017 on Clearwater Beach adding one of the largest banquet facilities in Pinellas County.
Nova Southeastern University’s Tampa Bay Regional Campus, which is the result of a $200 million investment in the future, features a 311,000-square-foot, state-of-the-art facility. This new campus brings several graduate and professional education
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opportunities to the City. Located at the eastern entry to the City, the regional campus includes additional locations for NSU’s Dr. Pallavi Patel College of Health Care Sciences, the Dr. Kiran C. Patel College of Osteopathic Medicine and the Ron and Kathy Assaf College of Nursing. The campus opened in 2019 and is home to approximately
2,000 students enrolled in programs that include, but are not limited to, occupational and
physical therapy, clinical mental health counseling, nursing, osteopathic medicine and
school psychology.
The Clearwater Downtown Redevelopment Plan Area serves as a long-term vision
for Downtown Clearwater and surrounding residential and commercial areas. It includes
a 540-acre community redevelopment area, the Downtown Gateway, the North Marina
Area Master Plan and the Imagine Clearwater Master Plan. Imagine Clearwater, a $55
million dollar master plan for redevelopment along downtown’s waterfront, contains
recommendations that include improvements to open spaces and infrastructure assets and the activation of existing buildings and underdeveloped parcels. Downtown Clearwater offers business and investment opportunities including high-rise office space, mixed-use residential and retail space.
Light, clean industry is encouraged in Clearwater. The Hercules Industrial Area, which is located in central Clearwater and adjacent to Clearwater Airpark, is the industrial center of the City and is home to major manufacturers, including Aerosonic Corporation, F.K. Instrument Company, Phasetronics, Dosatron International, Monin and GE Instrument Transformers. There is an additional privately-owned industrial park of approximately 35 acres in the same area.
Pension Plan
The City's Employees' Pension Plan is a defined benefit pension plan for general
and public safety employees that is self-administered by the City. As of January 1, 2021,
the most recent actuarial valuation date, the Employees' Pension Plan was 105.7 percent
funded per the funding-basis valuation. The actuarial accrued liability for benefits was
$1,034.7 billion, and the actuarial value of assets was $1,093.2 billion, resulting in an
unfunded actuarial accrued liability ("UAAL") of ($58.5) million, or $58.5 million in
funding in excess of the actuarial accrued liability. For financial statement reporting, per
FASB 35, the January 1, 2021 valuation indicated the plan was 104.2% funded. The actuarial accrued liability for benefits was $984.0 million, and the market value of assets was $1,254.3 billion, resulting in an UAAL of ($43.5) million (funding in excess of the liability of $43.5 million). The covered payroll (annual payroll of active employees covered by the plan) was $92.7 million.
The City's Firefighters' Relief and Pension Plan (the "FRP Plan") is a defined benefit pension plan self-administered by the City. As of October 1, 2020, the most recent actuarial valuation date, the Firefighters' Relief and Pension Plan was 160.48 percent funded. The actuarial accrued liability for benefits was $2.2 million, and the
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actuarial value of assets was $3.5 million, resulting in $1.3 million of funding in excess of the actuarial accrued liability. The covered payroll was $-0- with no active employees covered. The City did not need to make a contribution for fiscal year 2020, in accordance with actuarially determined funding requirements. The actuary's report dated
October 1, 2020, indicates the FRP Plan is funded at a level that can reasonably be
expected to support the benefits promised by the FRP Plan on an adequate and timely
basis.
In addition, supplemental pensions exist for certified police officers and
firefighters, funded solely from excise taxes on certain insurance premiums covering
property in the City, collected by the State and remitted to the City. Both plans require
benefits to be adjusted to equal fund assets provided by the defined contributions.
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City of Clearwater, Florida Demographic Information Last Ten Fiscal Years
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) Population data for the City is from the University of Florida, Bureau of Economic and Business Research, published April 1 of each year. (b) Per capita personal income data for Pinellas County for 2012-2020 is from the Florida Office of Data & Economic Research. (c) 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. (d) School enrollment data for public schools located within the City is from the Pinellas County School
District. (e) Unemployment data for the Tampa-St. Petersburg-Clearwater Metropolitan Statistical Area for September of each year is from the Bureau of Labor Statistics.
Note: Data is the latest published annual data available for an unspecified point in each year, not specifically September 30. Source: City of Clearwater, Florida Annual Comprehensive Financial Report for the Fiscal Year ended September 30, 2021.
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Building Permit Activity Pinellas County, Florida 2011-2020 (Valuations in 000's)
Number of Units
Calendar
Year
Single
Family
Multi-
Family
Total
Valuations
2011 340 14 $ 89,110
2012 488 1,072 231,250
2013 699 2,313 333,438
2014 663 1,023 307,384
2015 1,648 1,294 630,395
2016 984 1,343 468,679
2017 909 960 392,048 2018 936 1,532 452,252 2019 912 2,495 579,815 2020 896 1,423 368,691 _______________ Source: U.S. Census Bureau, Building Permit Activity by County.
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City of Clearwater, Florida Assessed Value and Estimated Actual Value of Taxable Property Last Ten Fiscal Years (in thousands of dollars)
Assessed Value(a)
Fiscal Year Residential Property Commercial Property Industrial Property
Government and Institutional Property Personal Property Other Property
Less: Homestead Assessment Cap Differential(b)
Less: Tax Exempt Property
Total Taxable Assessed Value
Total Direct Tax Rate(c)
Estimated Actual Taxable Value
Assessed Value as % of Actual Value
2012 $6,732,585 $2,001,945 $149,166 $973,917 $609,704 $94,750 $391,670 $2,573,448 $ 7,596,949 5.1550 $8,937,587 85.0% 2013 6,496,278 2,043,952 140,377 1,017,944 593,746 114,615 290,989 2,623,699 7,492,224 5.1550 8,814,381 85.0 2014 6,863,874 2,077,078 149,298 1,057,915 601,743 113,552 485,295 2,640,339 7,737,826 5.1550 9,103,325 85.0 2015 7,713,777 2,145,212 156,487 1,117,973 631,798 113,591 959,433 2,714,945 8,204,460 5.1550 9,652,306 85.0 2016 8,606,077 2,248,376 161,628 1,167,103 659,302 116,457 1,447,451 2,762,807 8,748,685 5.1550 10,292,571 85.0 2017 9,309,714 2,416,458 181,646 1,170,702 653,678 116,714 1,655,985 2,792,826 9,400,101 5.1550 11,058,942 85.0 2018 10,027,947 2,634,890 191,916 1,199,559 753,946 112,055 1,835,694 2,903,688 10,180,931 5.1550 11,977,566 85.0 2019 10,929,070 2,924,352 193,383 1,229,391 1,097,973 130,025 2,022,246 3,322,023 11,159,925 5.9550 13,129,324 85.0 2020 11,645,166 3,133,808 201,106 1,289,515 1,043,462 142,185 2,150,286 3,392,403 11,912,553 5.9550 14,014,768 85.0 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 value. Source: City of Clearwater, Florida Annual Comprehensive Financial Report for the Fiscal Year ended September 30, 2021.
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City of Clearwater, Florida Property Tax Levies and Collections Last Ten Fiscal Years
Collected within the Fiscal Year of the Levy Total Collections to Date 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 (the "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. Source: City of Clearwater, Florida Annual Comprehensive Financial Report for the Fiscal Year ended September 30, 2021.
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City of Clearwater, Florida Direct and Overlapping Property Tax Rates Last Ten Fiscal Years (rate per $1,000 of assessed value)
City Direct Rates Overlapping Rates
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
(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. Source: City of Clearwater, Florida, Annual Comprehensive Financial Report for the Fiscal Year ended September 30, 2021.
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City of Clearwater, Florida Principal Real Property Taxpayers Current Year and Nine Years Ago
2021 2012
Taxpayer
REAL PROPERTY
Taxable
Assessed Value Rank
Percentage of Total City Taxable Assessed
Value
Taxable Assessed
Value Rank
Percentage of Total City Taxable Assessed
Value 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 Assoc Ltd. 23,250,000 10 0.32%
Total $893,904,279 7.34% $464,912,558 6.47%
(1) John S. Taylor Properties LLC was listed as John S. Taylor III in 2011.
Source: City of Clearwater, Florida, Annual Comprehensive Financial Report for the Fiscal Year ended September 30, 2021. [Remainder of page intentionally left blank]
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City of Clearwater, Florida Ratios of General Bonded Debt Outstanding Last Ten Fiscal Years
The City did not have any General Bonded Debt Outstanding in the last 10 Fiscal
Years. Details regarding the City's other outstanding debt can be found in the notes to
the financial statements contained in Appendix D attached to this Official Statement.
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City of Clearwater, Florida Direct and Overlapping Government Activities Debt As of September 30, 2021 (amounts in thousands)
_____________________________ (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 School District's portion of the State-assessed
motor vehicle license tax. The State's full faith and credit is also pledged for the bonds. 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 the City. 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. Source: City of Clearwater, Florida, Annual Comprehensive Financial Report for the Fiscal Year ended September 30, 2021; Assessed value data used to estimate applicable percentages provided by Pinellas
County Property Appraiser. Debt outstanding data is provided by each respective governmental unit.
Governmental Unit Debt Outstanding
Estimated Percentage Applicable(a)
Estimated Share of Overlapping 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
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City of Clearwater, Florida Legal Debt Margin Information Last Ten Fiscal Years (amounts in thousands)
Fiscal
Year
Debt
Limit
Total Net
Debt
Applicable
to Limit
Legal
Debt Margin
Total Net Debt
Applicable to
Limit as
Percentage 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. Source: City of Clearwater, Florida, Annual Comprehensive Financial Report for the Fiscal Year ended September 30, 2021.
RESOLUTION NO. 19-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA AUTHORIZING THE ISSUANCE OF NOT TO
EXCEED $30,000,000 CITY OF CLEARWATER, FLORIDA NON -AD
VALOREM REVENUE BONDS, SERIES 2020 (IMAGINE CLEARWATER
IMPROVEMENTS) FOR THE PURPOSES OF FINANCING AND/OR
REIMBURSING A PORTION OF THE COSTS OF ACQUISITION,
DESIGN, CONSTRUCTION, RECONSTRUCTION, RENOVATION,
EXPANSION, IMPROVING AND EQUIPPING OF THE IMAGINE
CLEARWATER PROJECT; COVENANTING TO BUDGET AND
APPROPRIATE LEGALLY AVAILABLE NON -AD VALOREM REVENUES
TO PROVIDE FOR THE PAYMENT OF SUCH BONDS; MAKING
CERTAIN COVENANTS AND AGREEMENTS FOR THE BENEFIT OF
THE HOLDERS OF SUCH BONDS; AUTHORIZING CERTAIN OFFICIALS
AND EMPLOYEES OF THE CITY TO TAKE ALL ACTIONS REQUIRED IN
CONNECTION WITH THE SALE, ISSUANCE AND DELIVERY OF SUCH
BONDS; TAKING CERTAIN OTHER ACTIONS WITH RESPECT TO
SUCH BONDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
THE VALIDATION OF THE BONDS; PROVIDING FOR CERTAIN OTHER
MATTERS IN CONNECTION THEREWITH; AND PROVIDING FOR AN
EFFECTIVE DATE.
Resolution No. 19-34
TABLE OF CONTENTS
ARTICLE I GENERAL 1
SECTION 1.01. DEFINITIONS. 1
SECTION 1.02. AUTHORITY FOR RESOLUTION. 6
SECTION 1.03. RESOLUTION TO CONSTITUTE CONTRACT. 6
SECTION 1.04. FINDINGS 6
SECTION 1.05. THE PROJECT. 7
ARTICLE II AUTHORIZATION, TERMS, EXECUTION AND REGISTRATION OF
BONDS 7
SECTION 2.01. AUTHORIZATION OF BONDS. 7
SECTION 2.02. DESCRIPTION OF BONDS. 8
SECTION 2.03. APPLICATION OF BOND PROCEEDS. 9
SECTION 2.04. EXECUTION OF BONDS. 9
SECTION 2.05. AUTHENTICATION. 9
SECTION 2.06. TEMPORARY BONDS. 9
SECTION 2.07. BONDS MUTILATED, DESTROYED, STOLEN OR LOST.....10
SECTION 2.08. TRANSFER 10
SECTION 2.09. BOOK ENTRY. 12
SECTION 2.10. FORM OF BONDS. 13
ARTICLE III REDEMPTION OF BONDS 20
SECTION 3.01. PRIVILEGE OF REDEMPTION. 20
SECTION 3.02. SELECTION OF BONDS TO BE REDEEMED. 20
SECTION 3.03. NOTICE OF REDEMPTION 20
SECTION 3.04. REDEMPTION OF PORTIONS OF BONDS. 21
SECTION 3.05. PAYMENT OF REDEEMED BONDS 21
ARTICLE IV SECURITY, SPECIAL FUNDS AND APPLICATION THEREOF 22
SECTION 4.01. BONDS NOT TO BE INDEBTEDNESS OF ISSUER. 22
SECTION 4.02. BONDS SECURED BY PLEDGE OF PLEDGED FUNDS 22
SECTION 4.03. CONSTRUCTION FUND 24
SECTION 4.04. FUNDS AND ACCOUNTS. 24
SECTION 4.05. FLOW OF FUNDS 24
SECTION 4.06. INVESTMENTS. 25
SECTION 4.07. SEPARATE ACCOUNTS 25
ARTICLE V OTHER OBLIGATIONS AND COVENANTS OF ISSUER 26
SECTION 5.01. TAX COVENANTS. 26
Resolution No. 19-34
SECTION 5.02. BOOKS AND RECORDS 26
SECTION 5.03. ANNUAL AUDIT. 26
SECTION 5.04. NO IMPAIRMENT 27
ARTICLE VI DEFAULTS AND REMEDIES 27
SECTION 6.01. EVENTS OF DEFAULT 27
SECTION 6.02. REMEDIES. 27
SECTION 6.03. DIRECTIONS TO PAYING AGENT AS TO REMEDIAL
PROCEEDINGS 28
SECTION 6.04. REMEDIES CUMULATIVE. 28
SECTION 6.05. WAIVER OF DEFAULT. 28
SECTION 6.06. APPLICATION OF MONEYS AFTER DEFAULT 29
ARTICLE VII SUPPLEMENTAL RESOLUTIONS 30
SECTION 7.01. SUPPLEMENTAL RESOLUTIONS WITHOUT
BONDHOLDERS' CONSENT. 30
SECTION 7.02. SUPPLEMENTAL RESOLUTIONS WITH
BONDHOLDERS' CONSENT. 30
ARTICLE VIII MISCELLANEOUS
SECTION 8.01. DEFEASANCE
SECTION 8.02.
SECTION 8.03.
SECTION 8.04.
SECTION 8.05.
SECTION 8.06.
SECTION 8.07.
SECTION 8.08.
SECTION 8.09.
GENERAL AUTHORITY.
INTERESTED PARTIES
NO PERSONAL LIABILITY.
SEVERABILITY OF INVALID PROVISIONS.
REPEAL OF INCONSISTENT RESOLUTIONS.
DECLARATION OF OFFICIAL INTENT.
VALIDATION AUTHORIZED
EFFECTIVE DATE.
LIST OF EXHIBITS
EXHIBIT A - DESCRIPTION OF IMAGINE CLEARWATER PROJECT
ii
32
32
33
33
33
34
34
34
34
35
Resolution No. 19-34
BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF CLEARWATER,
FLORIDA, as follows:
ARTICLE I
GENERAL
SECTION 1.01. DEFINITIONS. When used in this Resolution, the following
terms shall have the following meanings, unless the context clearly otherwise requires:
Act" shall mean the Constitution of the State of Florida, Chapter 166, Florida
Statutes, the municipal charter of the Issuer, and other applicable provisions of law.
Amortization Installment" shall mean an amount designated as such by the Issuer
pursuant to the terms of Section 2.02 hereof and established with respect to any Term
Bonds.
Annual Debt Service" shall mean, with respect to any Bond Year, the aggregate
amount of (1) all interest required to be paid on the Outstanding Bonds during such Bond
Year, except to the extent that such interest is to be paid from deposits in the Construction
Fund or the Interest Account made from Bond proceeds, (2) all principal of Outstanding
Serial Bonds maturing in such Bond Year, and (3) all Amortization Installments
designated as provided herein with respect to such Bond Year.
Blanket Letter" shall mean the Blanket Issuer Letter of Representation delivered
by the Issuer on June 27, 1996, and received and accepted by The Depository Trust
Company ("DTC") in order to induce DTC to act as securities depository for the Bonds.
Bond Amortization Account" shall mean the separate account in the Debt Service
Fund established pursuant to Section 4.04 hereof.
Bond Counsel" shall mean Bryant Miller Olive P.A., or any attorney at law or firm
of attorneys duly admitted to practice law before the highest court of any state of the
United States of America subsequently designated by the Issuer.
Bond Year" shall mean the period commencing on October 1 of each year and
continuing through the next succeeding September 30, unless otherwise provided by
Supplemental Resolution.
Bondholder" or "Holder" or "holder" or any similar term, when used with reference
to a Bond or Bonds, shall mean any person who shall be the registered owner of any
Outstanding Bond or Bonds, as provided in the registration books of the Issuer.
Bonds" shall mean the Series 2020 Bonds.
Resolution No. 19-34
1
City Attorney" shall mean the City Attorney of the Issuer, or any assistant or deputy
City Attorney.
City Clerk" shall mean the City Clerk of the Issuer, or any assistant or deputy City
Clerk of the Issuer.
City Council" shall mean the City Council of the Issuer.
City Manager" shall mean the City Manager of the Issuer, or in his absence, any
assistant or deputy City Manager of the Issuer, or such other person as may be duly
authorized by the Issuer to act on his or her behalf.
Code" shall mean the Internal Revenue Code of 1986, as amended, and any
Treasury Regulations, whether temporary, proposed or final, promulgated thereunder or
applicable thereto.
Construction Fund" shall mean the Construction Fund established pursuant to
Section 4.03 hereof.
Costs" when used in connection with the Project shall mean (i) all direct costs of
such Project items described in the plans and specifications for such Project including
without limitation the cost of physical construction and including machinery or equipment
required by the Issuer to commence operation of the Project; (ii) all costs of planning,
designing, acquiring, constructing, financing and placing such Project in operation,
including costs incurred by the Issuer prior to the issuance of the Bonds to finance the
costs of such Project; (iii) all costs of issuance of the Bonds, including, without limitation,
the fees and costs of municipal bond insurance, Bond Counsel, City Attorney, placement
agent or underwriter and placement agent's or underwriter's counsel, special counsel and
financial advisors, printing costs, rating agency fees, initial acceptance fees of paying
agents, registrars, trustees, depositaries and all fees and costs of financial institutions
providing special credit facilities with respect to of the Bonds; (iv) the cost of acquisition,
by purchase or condemnation, of any lands, structures, improvements, rights-of-way,
franchises, easements or interests therein and all of the properties, tangible or intangible,
deemed necessary or convenient for the maintenance and operation of such Project; (v)
all engineering, legal and financial costs and expenses, including legal and consultant's
fees and expenses and other costs of negotiating license, use, facilities renovation and/or
similar agreements relating to the Project or the Bonds, and including costs incurred by
the Issuer prior to the issuance of the Bonds to finance such Project; (vi) all expenses for
estimates of costs and of revenues; (vii) costs of obtaining governmental and regulatory
permits, licenses and approvals; (viii) all fees of special advisors and consultants
associated with one or more aspects of such Project; (ix) all amounts required to be paid
by this Resolution into the Debt Service Fund upon the issuance of the Bonds; (x) interest
on the Bonds prior to and during construction of such Project for which such Bonds were
issued, and for such additional periods as the Issuer may reasonably determine to be
necessary; (xi) the reimbursement to the Issuer of all such eligible costs of the Project
Resolution No. 19-34
2
that have been advanced by the Issuer from its available funds or on behalf of the Issuer
before the delivery of the Bonds issued to finance such costs; (xii) the principal, interest,
premium, if any, and costs related thereto, payable with respect to any note or other
obligation issued by the Issuer to pay any part of the cost of the Project enumerated in
this definition; and (xiii) such other costs and expenses which shall be necessary or
incidental to the financing herein authorized and placing the Project into operation.
Debt Service Fund" shall mean the Debt Service Fund established pursuant to
Section 4.04 hereof.
Defeasance Securities" shall mean:
1) Cash;
2) U.S. Treasury Certificates, Notes and Bonds (including State and Local
Government Series — "SLGs");
3) Direct obligations of the Treasury which have been stripped by the Treasury
itself, CATS, TIGRS and similar securities;
4) The interest component of Resolution Funding Corp. ("REFCORP") strips
which have been stripped by request to the Federal Reserve Bank of New York in book
entry form are acceptable;
5) Pre -refunded municipal bonds rated "Aaa" by Moody's and "AAA" by S&P.
If however, the issue is only rated by S&P (i.e., there is no Moody's rating), then the pre -
refunded bonds must have been pre -refunded with cash, direct U.S. or U.S. guaranteed
obligations, or AAA rate pre -refunded municipals to satisfy this condition.
6) Obligations issued by the following agencies which are backed by the full
faith and credit of the U.S.
a. U.S. Export -Import Bank (Eximbank)
Direct obligations or fully guaranteed certificates of beneficial
ownership
b. Farmers Home Administration (FmHA)
Certificates of beneficial ownership
c. Federal Financing Bank
d. General Services Administration
Participation certificates
e. U.S. Maritime Administration
Resolution No. 19-34
3
Guaranteed Title XI financing
f. U.S. Department of Housing and Urban Development (HUD)
Project Notes
Local Authority Bonds
New Communities Debentures — U.S. government guaranteed
debentures
U.S. Public Housing Notes and Bonds — U.S. government
guaranteed public housing notes and bonds
Finance Director" shall mean the Finance Director of the Issuer, or in his absence,
any acting, interim, assistant or deputy Finance Director of the Issuer.
Financial Advisor" shall mean Hilltop Securities Inc. or any other financial advisor
appointed from time to time by the Issuer.
Fiscal Year" shall mean the period commencing on October 1 of each year and
continuing through the next succeeding September 30, or such other period as may be
prescribed by law.
Governmental Fund Revenues" shall mean total revenues of the Issuer derived
from any source whatsoever and that are allocated and accounted for in the
governmental funds" as shown in the annual audited financial statements of the Issuer
for the applicable Fiscal Year.
Interest Account" shall mean the separate account in the Debt Service Fund
established pursuant to Section 4.04 hereof.
Interest Date" shall be such date or dates for the payment of interest on the Bonds
as shall be provided for herein.
Issuer" shall mean the City of Clearwater, Florida, a municipal corporation of the
State of Florida.
Maximum Annual Debt Service" shall mean the maximum Annual Debt Service to
come due during any Bond Year of the Issuer on the Outstanding Bonds, excluding all
Bond Years which shall have ended prior to the Bond Year in which Maximum Annual
Debt Service shall be computed.
Mayor" shall mean the Mayor, or in his absence, the Vice Mayor of the Issuer.
Non -Ad Valorem Revenues" shall mean all Governmental Funds Revenues, other
than revenues generated from ad valorem taxation on real or personal property, which
are legally available to make the payments required herein.
Resolution No. 19-34
4
Outstanding" when used with reference to Bonds and as of any particular date,
shall describe all Bonds theretofore and thereupon being authenticated and delivered
except, (1) any Bond in lieu of which another Bond or other Bonds have been issued
under an agreement to replace lost, mutilated or destroyed Bonds, (2) any Bond
surrendered by the Holder thereof in exchange for another Bond or other Bonds under
Sections 2.06 and 2.08 hereof, (3) Bonds canceled after purchase in the open market or
because of payment at or redemption prior to maturity, and (4) Bonds deemed paid in
accordance with Section 8.01 hereof.
Paying Agent" shall mean the paying agent for Bonds appointed by or pursuant
to a Supplemental Resolution adopted by the Issuer prior to the sale of the Bonds.
Permitted Investments" shall mean any investments authorized pursuant to the
written investment policy of the Issuer and the laws of the State.
Person" shall mean an individual, a corporation, a partnership, an association, a
joint stock company, a trust, any unincorporated organization or governmental entity.
Pledged Funds" shall mean (1) Non -Ad Valorem Revenues budgeted and
appropriated by the Issuer in accordance with Section 4.02 hereof and deposited into the
Debt Service Fund, and (2) until applied in accordance with the provisions of this
Resolution, all moneys, including the investments thereof, in the funds and accounts
established hereunder in the manner and to the extent described herein.
Principal Account" shall mean the separate account in the Debt Service Fund
established pursuant to Section 4.04 hereof.
Project" shall mean the Imagine Clearwater Project described on Exhibit "A"
attached hereto.
Purchase Contract" shall mean the Bond Purchase Agreement, the form of which
is to be approved by the Issuer in a Supplemental Resolution adopted prior to the sale of
the Bonds.
Redemption Price" shall mean, with respect to any Bond or portion thereof, the
principal amount or portion thereof, plus the applicable premium, if any, payable upon
redemption thereof pursuant to such Bond or this Resolution.
Registrar" shall mean the registrar for the Bonds appointed by or pursuant to a
Supplemental Resolution adopted by the Issuer prior to the sale of the Bonds.
Resolution" shall mean this Resolution, as the same may from time to time be
amended, modified or supplemented by Supplemental Resolution.
Serial Bonds" shall mean all of the Bonds other than the Term Bonds.
Resolution No. 19-34
5
Series 2020 Bonds" shall mean the City of Clearwater, Florida Non -Ad Valorem
Revenue Bonds, Series 2020 (Imagine Clearwater Improvements).
State" shall mean the State of Florida.
Supplemental Resolution" shall mean any resolution of the Issuer amending or
supplementing this Resolution adopted and becoming effective in accordance with the
terms of Sections 7.01 and 7.02 hereof.
Term Bonds" shall mean those Bonds which shall be designated as Term Bonds
hereby and which are subject to mandatory redemption by Amortization Installments.
Underwriter" shall mean the firm or firms of underwriters selected by the Issuer to
underwrite the Bonds as set forth in a Supplemental Resolution adopted prior to the sale
of the Bonds.
The terms "herein," "hereunder," "hereby," "hereto," "hereof" and any similar terms,
shall refer to this Resolution; the term heretofore shall mean before the date of adoption
of this Resolution; and the term "hereafter" shall mean after the date of adoption of this
Resolution.
Words importing the masculine gender include every other gender.
Words importing the singular number include the plural number, and vice versa.
SECTION 1.02. AUTHORITY FOR RESOLUTION. This Resolution is
adopted pursuant to the provisions of the Act.
SECTION 1.03. RESOLUTION TO CONSTITUTE CONTRACT. In
consideration of the purchase and acceptance of any or all of the Bonds by those who
shall hold the same from time to time, the provisions of this Resolution shall be a part of
the contract of the Issuer with the Holders of the Bonds and shall be deemed to be and
shall constitute a contract between the Issuer and the Holders from time to time of the
Bonds. The pledge made in this Resolution and the provisions, covenants and
agreements herein set forth to be performed by or on behalf of the Issuer shall be for the
equal benefit, protection and security of the Holders of any and all of said Bonds. All of
the Bonds, regardless of the time or times of their issuance or maturity, shall be of equal
rank without preference, priority or distinction of any of the Bonds over any other thereof
except as expressly provided in or pursuant to this Resolution.
SECTION 1.04. FINDINGS. It is hereby ascertained, determined and
declared:
1) That the Issuer deems it necessary, desirable and in the best interests of
the Issuer and its citizens and to serve a paramount public purpose that the Project be
Resolution No. 19-34
6
completed.
2) That the Project shall be financed and/or reimbursed with the proceeds of
the Series 2020 Bonds, together with the proceeds of other indebtedness of the Issuer
and certain other legally available funds of the Issuer.
3) That in order to preserve and promote the gainful employment and tourism
and to enhance the economic prosperity and public welfare of the inhabitants of the
Issuer, it is necessary and desirable that the Project be completed.
4) That the estimated Non -Ad Valorem Revenues, after satisfying funding
requirements for obligations having an express lien on or pledge thereof and after
satisfying any funding requirements for essential governmental services of the Issuer
which are not funded by ad valorem taxation, will be sufficient to pay the principal of and
interest on the Bonds, as the same become due, and to make all other payments provided
for in this Resolution.
5) That the principal of and interest on the Bonds and all other payments
provided for in this Resolution will be paid solely from the Pledged Funds; and the ad
valorem taxing power of the Issuer will never be necessary to pay the principal of and
interest on the Bonds and, except as otherwise provided herein, the Bonds shall not
constitute a lien upon any property of the Issuer.
6) That the Issuer intends on adopting a Supplemental Resolution to provide
for the manner of sale and terms of the Bonds, including the approval of the Purchase
Contract, the designation of the Underwriter and the distribution of an offering document
in connection with the sale of the Bonds by the Underwriter, and the designation of the
Paying Agent and Registrar, after it has completed the validation of the Bonds authorized
in Section 8.08 hereof.
SECTION 1.05. THE PROJECT. The Issuer does hereby ratify prior
authorization of the Project.
ARTICLE II
AUTHORIZATION, TERMS, EXECUTION
AND REGISTRATION OF BONDS
SECTION 2.01. AUTHORIZATION OF BONDS. This Resolution authorizes
the issuance of the Series 2020 Bonds of the Issuer to be designated as "City of
Clearwater, Florida Non -Ad Valorem Revenue Bonds, Series 2020 (Imagine Clearwater
Improvements)" in an aggregate principal amount of not to exceed $[30,000,000] for the
purpose of financing and/or reimbursing a portion of the Costs of the Project, including
paying certain costs of issuance incurred with respect thereto and any capitalized interest
related thereto; provided the Issuer may change such Series designation in the event that
the Series 2020 Bonds are not issued in calendar year 2020, and
Resolution No. 19-34
7
The Bonds may, if and when authorized by the Issuer pursuant to this Resolution
and a Supplemental Resolution, be issued with such further appropriate particular
designations added to or incorporated in such title for the Bonds as the Issuer may
determine.
The Bonds shall bear interest at such rate or rates not exceeding the maximum
rate permitted by law; and shall be payable in lawful money of the United States of
America on such dates; all as determined hereunder.
The Bonds shall be issued in denominations of $5,000 or integral multiples thereof,
in such form, whether coupon or registered; shall be dated such date; shall bear such
numbers; shall be payable at such place or places; shall contain such redemption
provisions; shall have such Paying Agent and Registrar; and shall mature in such years
and amounts; all as determined hereunder.
The Bonds shall be issued under and secured by this Resolution and shall be
executed and delivered in the manner as set forth in this Resolution and a Supplemental
Resolution.
SECTION 2.02. DESCRIPTION OF BONDS. (1) The Bonds shall be issued
as fully registered Bonds; shall be numbered consecutively from one upward in order of
maturity preceded by the letter "R"; shall bear interest at a rate or rates not exceeding the
maximum rate allowed by Florida law, payable in such manner and on such dates; shall
consist of such amounts of Serial Bonds and Term Bonds; maturing in such amounts or
Amortization Installments and in such years; shall be payable in such place or places;
shall have such Paying Agent and Registrar; and shall contain such redemption
provisions; all as hereinafter described.
2) The principal of or Redemption Price, if applicable, on the Bonds are
payable upon presentation and surrender of the Bonds at the designated office of the
Paying Agent. Interest payable on any such Bond on any Interest Date will be paid by
check or draft of the Paying Agent to the Holder in whose name such Bond shall be
registered at the close of business on the date which shall be the fifteenth day (whether
or not a business day) of the calendar month next preceding such Interest Date, or, unless
otherwise provided by Supplemental Resolution, at the option of the Paying Agent, and
at the request and expense of such Holder, by bank wire transfer for the account of such
Holder. In the event the interest payable on any such Bond is not punctually paid or duly
provided for by the Issuer on such Interest Date, such defaulted interest will be paid to
the Holder in whose name such Bond shall be registered at the close of business on a
special record date for the payment of such defaulted interest as established by notice to
such Holder, not less than ten days preceding such special record date. All payments of
principal of or Redemption Price, if applicable, and interest on the Bonds shall be payable
in any coin or currency of the United States of America which at the time of payment is
legal tender for the payment of public and private debts.
Resolution No. 19-34
8
SECTION 2.03. APPLICATION OF BOND PROCEEDS. Except as otherwise
provided by Supplemental Resolution, the proceeds derived from the sale of the Series
2020 Bonds, including accrued interest, if any, and premium, if any, together with legally
available funds of the Issuer, if any, shall, simultaneously with the delivery of the Series
2020 Bonds to the purchaser or purchasers thereof, be applied by the Issuer as follows:
1) Accrued interest, if any, shall be deposited in the Interest Account and shall
be used only for the purpose of paying the interest which shall thereafter become due on
the Series 2020 Bonds.
2) The balance of the proceeds of the Series 2020 Bonds shall be deposited
in the Construction Fund to be used to pay a portion of the Costs of the Project, including
but not limited to the costs of issuance of the Series 2020 Bonds and any capitalized
interest related thereto.
SECTION 2.04. EXECUTION OF BONDS. The Bonds shall be signed by, or
bear the facsimile signature of the Mayor, the City Manager, and the City Clerk upon the
approval of the City Attorney, and the official seal of the Issuer shall be imprinted on each
Bond. In case any one or more of the officers who shall have signed or sealed any of the
Bonds or whose facsimile signature shall appear thereon shall cease to be such officer
of the Issuer before the Bonds so signed and sealed have been actually sold and
delivered, such Bonds may nevertheless be sold and delivered as herein provided and
may be issued as if the person who signed or sealed such Bonds had not ceased to hold
such office. Any Bond may be signed and sealed on behalf of the Issuer by such person
who at the actual time of the execution of such Bond shall hold the proper office of the
Issuer, although, at the date of such Bond, such person may not have held such office or
may not have been so authorized. The Issuer may adopt and use for such purposes the
facsimile signatures of any such persons who shall have held such offices at any time
after the date of the adoption of this Resolution, notwithstanding that either or both shall
have ceased to hold such office at the time the Bonds shall be actually sold and delivered.
SECTION 2.05. AUTHENTICATION. No Bond shall be secured hereunder or
be entitled to the benefit hereof or shall be valid or obligatory for any purpose unless there
shall be manually endorsed on such Bond a certificate of authentication by the Registrar
or such other entity as may be approved by the Issuer for such purpose. Such certificate
on any Bond shall be conclusive evidence that such Bond has been duly authenticated
and delivered under this Resolution. The form of such certificate shall be substantially in
the form provided in Section 2.11 hereof.
SECTION 2.06. TEMPORARY BONDS. Until the definitive Bonds are
prepared, the Issuer may execute, in the same manner as is provided in Section 2.04
hereof, and deliver, upon authentication by the Registrar pursuant to Section 2.05 hereof,
Resolution No. 19-34
9
in lieu of definitive Bonds, but subject to the same provisions, limitations and conditions
as the definitive Bonds, except as to the denominations thereof, one or more temporary
Bonds substantially of the tenor of the definitive Bonds in lieu of which such temporary
Bond or Bonds are issued, in denominations authorized by the Issuer by Supplemental
Resolution, and with such omissions, insertions and variations as may be appropriate to
temporary Bonds. The Issuer, at its own expense, shall prepare and execute definitive
Bonds, which shall be authenticated by the Registrar. Upon the surrender of such
temporary Bonds for exchange, the Registrar, without charge to the Holder thereof, shall
deliver in exchange therefor definitive Bonds, of the same aggregate principal amount
and maturity as the temporary Bonds surrendered. Until so exchanged, the temporary
Bonds shall in all respects be entitled to the same benefits and security as definitive
Bonds issued pursuant to this Resolution. All temporary Bonds surrendered in exchange
for another temporary Bond or Bonds or for a definitive Bond or Bonds shall be forthwith
canceled by the Registrar.
SECTION 2.07. BONDS MUTILATED, DESTROYED, STOLEN OR LOST. In
case any Bond shall become mutilated, or be destroyed, stolen or lost, the Issuer may, in
its discretion, issue and deliver, and the Registrar shall authenticate, a new Bond of like
tenor as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for
such mutilated Bond upon surrender and cancellation of such mutilated Bond or in lieu of
and substitution for the Bond destroyed, stolen or lost, and upon the Holderfumishing the
Issuer and the Registrar proof of such Holder's ownership thereof and satisfactory
indemnity and complying with such other reasonable regulations and conditions as the
Issuer or the Registrar may prescribe and paying such expenses as the Issuer and the
Registrar may incur. All Bonds so surrendered or otherwise substituted shall be canceled
by the Registrar. If any of the Bonds shall have matured or be about to mature, instead
of issuing a substitute Bond, the Issuer may pay the same or cause the Bond to be paid,
upon being indemnified as aforesaid, and if such Bonds be lost, stolen or destroyed,
without surrender thereof.
Any such duplicate Bonds issued pursuant to this Section 2.07 shall constitute
original, additional contractual obligations on the part of the Issuer whether or not the lost,
stolen or destroyed Bond be at any time found by anyone, and such duplicate Bond shall
be entitled to equal and proportionate benefits and rights as to lien on the Pledged Funds
to the same extent as all other Bonds issued hereunder.
SECTION 2.08. TRANSFER. Bonds, upon surrender thereof at the office of
the Registrar with a written instrument of transfer satisfactory to the Registrar, duly
executed by the Holder thereof or such Holder's attorney duly authorized in writing, may,
at the option of the Holder thereof, be exchanged for an equal aggregate principal amount
of registered Bonds of the same maturity of any other authorized denominations.
The Bonds issued under this Resolution shall be and have all the qualities and
incidents of negotiable instruments under the commercial laws and the Uniform
Resolution No. 19-34
10
Commercial Code of the State, subject to the provisions for registration and transfer
contained in this Resolution and in the Bonds. So long as any of the Bonds shall remain
Outstanding, the Issuer shall maintain and keep, at the office of the Registrar, books for
the registration and transfer of the Bonds.
Each Bond shall be transferable only upon the books of the Issuer, at the office of
the Registrar, under such reasonable regulations as the Issuer may prescribe, by the
Holder thereof in person or by such Holder's attomey duly authorized in writing upon
surrender thereof together with a written instrument of transfer satisfactory to the
Registrar duly executed and guaranteed by the Holder or such Holder's duly authorized
attorney. Upon the transfer of any such Bond, the Issuer shall issue, and cause to be
authenticated, in the name of the transferee a new Bond or Bonds of the same aggregate
principal amount and Series and maturity as the surrendered Bond. The Issuer, the
Registrar and any Paying Agent or fiduciary of the Issuer may deem and treat the Person
in whose name any Outstanding Bond shall be registered upon the books of the Issuer
as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the
purpose of receiving payment of, or on account of, the principal or Redemption Price, if
applicable, and interest on such Bond and for all other purposes, and all such payments
so made to any such Holder or upon such Holder's order shall be valid and effectual to
satisfy and discharge the liability upon such Bond to the extent of the sum or sums so
paid and neither the Issuer nor the Registrar nor any Paying Agent or other fiduciary of
the Issuer shall be affected by any notice to the contrary.
The Registrar, in any case where it is not also the Paying Agent in respect to the
Bonds, forthwith (A) following the fifteenth day prior to an Interest Date; (B) following the
fifteenth day next preceding the date of first mailing of notice of redemption of any Bonds;
and (C) at any other time as reasonably requested by the Paying Agent, shall certify and
fumish to such Paying Agent the names, addresses and holdings of Bondholders and any
other relevant information reflected in the registration books. Any Paying Agent of any
fully registered Bond shall effect payment of interest on such Bonds by mailing a check
or draft to the Holder entitled thereto or may, in lieu thereof, upon the request and at the
expense of such Holder, transmit such payment by bank wire transfer for the account of
such Holder.
In all cases in which the privilege of exchanging Bonds or transferring Bonds is
exercised, the Issuer shall execute and the Registrar shall authenticate and deliver such
Bonds in accordance with the provisions of this Resolution. Execution of Bonds in the
same manner as is provided in Section 2.04 hereof for purposes of exchanging, replacing
or transferring Bonds may occur at the time of the original delivery of the Bonds. All
Bonds surrendered in any such exchanges or transfers shall be held by the Registrar in
safekeeping until directed by the Issuer to be canceled by the Registrar. For every such
exchange or transfer of Bonds, the Issuer or the Registrar may make a charge sufficient
to reimburse it for any tax, fee, expense or other governmental charge required to be paid
with respect to such exchange or transfer. The Issuer and the Registrar shall not be
Resolution No. 19-34
11
obligated to make any such exchange or transfer of Bonds during the fifteen days next
preceding an Interest Date on the Bonds, or, in the case of any proposed redemption of
Bonds, then during the fifteen days next preceding the date of the first mailing of notice
of such redemption and continuing until such redemption date.
SECTION 2.09. BOOK ENTRY. The Blanket Letter was entered into by the
Issuer with The Depository Trust Company ("DTC"). It is intended that the Bonds be
registered so as to participate in a global book -entry system with DTC as set forth herein
and in such Blanket Letter. The terms and conditions of such Blanket Letter shall govern
the registration of the Bonds. The Bonds shall be initially issued in the form of a single fully
registered Bond for each maturity. Upon initial issuance, the ownership of such Bonds shall
be registered by the Registrar in the name of Cede & Co. (DTC's partnership nominee) or
such other name as may be requested by an authorized representative of DTC. So long as
any Bond is registered in the name of DTC (or its nominee), the Issuer, the Registrar and
the Paying Agent may treat DTC (or its nominee) as the sole and exclusive holder of such
Bonds registered in its name, and all payments with respect to the principal or redemption
price of, if any, and interest on such Bond ("Payments") and all notices with respect to such
Bond ("Notices") shall be made or given, as the case may be, to DTC. Transfers of
Payments and delivery of Notices to DTC Participants shall be the responsibility of DTC and
not of the Issuer, subject to any statutory and regulatory requirements as may be in effect
from time to time. Transfers of Payments and delivery of Notices to beneficial holders of the
Bonds by DTC Participants shall be the responsibility of such participants, indirect
participants and other nominees of such beneficial holders and not of the Issuer, subject to
any statutory and regulatory requirements as may be in effect from time to time.
Upon (I) (a) receipt by the Issuer of written notice from DTC (i) to the effect that a
continuation of the requirement that all of the Outstanding Bonds be registered in the
registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC, is
not in the best interest of the beneficial holders of the Bonds or (ii) to the effect that DTC is
unable or unwilling to discharge its responsibilities and no substitute depository willing to
undertake the functions of DTC hereunder can be found which is willing and able to
undertake such functions upon reasonable and customary terms, (b) termination, for any
reason, of the agreement among the Issuer, the Registrar and Paying Agent and DTC
evidenced by the Blanket Letter, or (c) determination by the Issuer that such book -entry only
system should be discontinued by the Issuer, and (II) compliance with the requirements of
any agreement between the Issuer and DTC with respect thereto, the Bonds shall no longer
be restricted to being registered in the registration books kept by the Registrar in the name
of Cede & Co., as nominee of DTC, but may be registered in whatever name or names
Holders shall designate, in accordance with the provisions hereof. In such event, the Issuer
shall issue and the Registrar shall authenticate, transfer and exchange Bonds consistent
with the terms hereof, in denominations of $5,000 or any integral multiple thereof to the
Holders thereof. The foregoing notwithstanding, until such time as participation in the book -
entry only system is discontinued, the provisions set forth in the Blanket Letter shall apply
Resolution No. 19-34
12
to the registration and transfer of the Bonds and to Payments and Notices with respect
thereto.
SECTION 2.10. FORM OF BONDS. The text of the Bonds shall be in
substantially the following form with such omissions, insertions and variations as may be
necessary and/or desirable and approved by the Mayor prior to the issuance thereof
which necessity and/or desirability and approval shall be presumed by the Issuer's
delivery of the Bonds to the purchaser or purchasers thereof):
Remainder of page intentionally left blank]
Resolution No. 19-34
13
No. R -
CITY OF CLEARWATER, FLORIDA
NON -AD VALOREM [REFUNDING] REVENUE BOND,
SERIES 2020 (IMAGINE CLEARWATER IMPROVEMENTS)
Date of Original
Interest Rate Maturity Date Issue
Registered Holder:
Principal Amount:
2020
CUSIP
KNOW ALL MEN BY THESE PRESENTS, that the City of Clearwater, Florida, a
municipality created and existing under and by virtue of the laws of the State of Florida
the "Issuer"), for value received, hereby promises to pay, solely from the Pledged Funds
hereinafter described, to the Registered Holder identified above, or registered assigns as
hereinafter provided, on the Maturity Date identified above, the Principal Amount
identified above and interest on such Principal Amount from the Date of Original Issue
identified above or from the most recent interest payment date to which interest has been
paid at the Interest Rate per annum identified above on 1 and
1 of each year commencing 1, until such Principal
Amount shall have been paid, except as the provisions hereinafter set forth with respect
to redemption prior to maturity may be or become applicable hereto. Interest on this Bond
will be computed on the basis of a 360 -day year consisting of twelve 30 -day months.
Such Principal Amount and interest and the redemption premium, if any, on this
Bond are payable in any coin or currency of the United States of America which, on the
respective dates of payment thereof, shall be legal tender for the payment of public and
private debts. Such Principal Amount and the redemption premium, if any, on this Bond,
are payable, upon presentation and surrender hereof, at the designated corporate trust
office of , , , as Paying Agent. Payment
of each installment of interest shall be made to the person in whose name this Bond shall
be registered on the registration books of the Issuer maintained by ,
as Registrar, at the close of business on the date
which shall be the fifteenth day (whether or not a business day) of the calendar month
next preceding each interest payment date and shall be paid by a check or draft of such
Paying Agent mailed to such Registered Holder at the address appearing on such
registration books or, at the option of such Paying Agent, and at the request and expense
of such Registered Holder, by bank wire transfer for the account of such Holder. In the
Resolution No. 19-34
14
event interest payable on this Bond is not punctually paid or duly provided for by the
Issuer on such interest payment date, payment of each installment of such defaulted
interest shall be made to the person in whose name this Bond shall be registered at the
close of business on a special record date for the payment of such defaulted interest as
established by notice to such Registered Holder, not less than ten (10) days preceding
such special record date.
This Bond is one of an authorized issue of Bonds in the aggregate principal amount
of $ (the "Bonds") of like date, tenor and effect, except as to maturity
date, interest rate, denomination and number, issued for the purpose of financing and/or
reimbursing a portion of the Costs of acquiring, designing, constructing, reconstructing,
renovating, expanding, improving and equipping Imagine Clearwater facilities, under the
authority of and in full compliance with the Constitution of the State of Florida, Chapter
166, Florida Statutes, the municipal charter of the Issuer, and other applicable provisions
of law (the "Act"), and Resolution No. 19- duly adopted by the City Council of the
Issuer on , 2019, as may be amended and supplemented from time to time
the "Resolution"), and is subject to the terms and conditions of the Resolution.
Capitalized undefined terms used herein shall have the meanings ascribed thereto in the
Resolution.
The Bonds and the interest thereon are payable solely from and secured by an
irrevocable pledge of the Pledged Funds. Pledged Funds consist of (1) Non -Ad Valorem
Revenues budgeted and appropriated by the Issuer in accordance with Section 4.02 of
the Resolution and deposited into the Debt Service Fund, and (2) until applied in
accordance with the provisions of the Resolution, all moneys, including the investments
thereof, in the funds and accounts established under the Resolution in the manner and to
the extent described in the Resolution. The Issuer has covenanted and has agreed to
appropriate in its annual budget for each Fiscal Year sufficient amount of Non -Ad Valorem
Revenues for the payment of principal of and interest on the Bonds in each Fiscal Year,
and to make certain other payments required by the Resolution, subject to the limitations
described in the Resolution. Reference is made to the Resolution for more complete
description of the security for the Bonds.
IT IS EXPRESSLY AGREED BY THE REGISTERED HOLDER OF THIS BOND
THAT THE BONDS SHALL NOT BE OR CONSTITUTE GENERAL OBLIGATIONS OR
INDEBTEDNESS OF THE ISSUER AS "BONDS" WITHIN THE MEANING OF ANY
CONSTITUTIONAL OR STATUTORY PROVISION, BUT SHALL BE SPECIAL
OBLIGATIONS OF THE ISSUER, PAYABLE SOLELY FROM AND SECURED BY A
LIEN UPON AND PLEDGE OF THE PLEDGED FUNDS IN THE MANNER AND TO THE
EXTENT PROVIDED IN THE RESOLUTION. NO HOLDER OF ANY BOND SHALL
EVER HAVE THE RIGHT TO COMPEL THE EXERCISE OF ANY AD VALOREM
TAXING POWER TO PAY SUCH BOND, FOR THE PAYMENT OF ANY AMOUNTS
PAYABLE UNDER THE RESOLUTION, OR IN ORDER TO MAINTAIN ANY SERVICES
OR PROGRAMS THAT GENERATE NON -AD VALOREM REVENUES, OR BE
Resolution No. 19-34
15
ENTITLED TO PAYMENT OF SUCH BOND FROM ANY MONEYS OF THE ISSUER
EXCEPT FROM THE PLEDGED FUNDS IN THE MANNER AND TO THE EXTENT
PROVIDED IN THE RESOLUTION.
Neither the members of the City Council of the Issuer nor any person executing
this Bond shall be liable personally hereon or be subject to any personal liability or
accountability by reason of the issuance hereof.
REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS
BOND SET FORTH ON THE REVERSE SIDE HEREOF AND SUCH FURTHER
PROVISIONS SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET
FORTH IN THIS PLACE.
This Bond shall not be valid or become obligatory for any purpose until the
Certificate of Authentication hereon shall have been signed by the Registrar.
IN WITNESS WHEREOF, the City of Clearwater, Florida has issued this Bond and
has caused the same to be executed by the manual or facsimile signature of the Mayor,
attested and countersigned by the City Clerk, and its official seal or a facsimile thereof to
be affixed or reproduced hereon, all as of the ! day of
SEAL)
ATTESTED AND COUNTERSIGNED:
City Clerk
Approved as to form and legal sufficiency
City Attorney
16
CITY OF CLEARWATER, FLORIDA
By:
Mayor
By:
City Manager
Resolution No. 19-34
Provisions on Reverse Side of Bond]
This Bond is transferable in accordance with the terms of the Resolution only upon
the books of the Issuer kept for that purpose at the designated corporate trust office of
the Registrar by the Registered Holder hereof in person or by such Holder's attorney duly
authorized in writing, upon the surrender of this Bond together with a written instrument
of transfer satisfactory to the Registrar duly executed by the Registered Holder or such
Holder's attomey duly authorized in writing, and thereupon a new Bond or Bonds in the
same aggregate principal amount shall be issued to the transferee in exchange therefor,
and upon the payment of the charges, if any, therein prescribed. The Bonds are issuable
in the form of fully registered Bonds in the denominations of $5,000 and integral multiples
thereof, not exceeding the aggregate principal amount of the Bonds maturing on the same
date. The Issuer, the Registrar and any Paying Agent may treat the Registered Holder
of this Bond as the absolute owner hereof for all purposes, whether or not this Bond shall
be overdue, and shall not be affected by any notice to the contrary. The Issuer and the
Registrar shall not be obligated to make any exchange or transfer of the Bonds during the
fifteen (15) days next preceding an interest payment date, or in the case of any proposed
redemption of the Bonds, then, during the fifteen (15) days next preceding the date of the
first mailing of notice of such redemption.
INSERT REDEMPTION PROVISIONS]
Notice of redemption shall be given in the manner described in the Resolution.
It is hereby certified and recited that all acts, conditions and things required to exist,
to happen and to be performed precedent to and in the issuance of this Bond, exist, have
happened and have been performed, in regular and due form and time as required by the
laws and Constitution of the State of Florida applicable thereto, and that the issuance of
the Bonds does not violate any constitutional or statutory limitations or provisions.
CERTIFICATE OF AUTHENTICATION
This Bond is one of the Bonds of the issue described in the within mentioned
Resolution.
Date of Authentication:
17
REGISTRAR]
Registrar, as Authenticating Agent
By:
Authorized Signatory
Resolution No. 19-34
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto
Insert Name, Address, Social Security or Other
Identifying Number of Assignee
Name and Address of Assignee)
the within Bond and does hereby irrevocably constitute and appoint as
attorneys to register the transfer of the said Bond on the books kept for registration thereof
with full power of substitution in the premises.
Dated:
Signature Guaranteed:
NOTICE: Signature(s) must be
guaranteed by a member firm of the
New York Stock Exchange or a
commercial bank or trust company.
NOTICE: The signature to this assignment
must correspond with the name of the
Registered Holder as it appears upon the face
of the within Bond in every particular, without
alteration or enlargement or any change
whatever and the Social Security or other
identifying number of such assignee must be
supplied.
The following abbreviations, when used in the inscription on the face of the within Bond,
shall be construed as though they were written out in full according to applicable laws or
reg ulations:
TEN
COM - as tenants in common
TEN ENT - as tenants by the entireties
as joint tenants with right of
survivorship and not as tenants in
JT TEN - common
UNIF TRANS MIN ACT --
Cust.)
Custodian for
under Uniform Transfer to Minors Act of
State)
Resolution No. 19-34
18
Additional abbreviations may also be used though not in the list above.
STATEMENT OF INSURANCE
IF APPLICABLE, INSERT INSURER LANGUAGE]
Remainder of page intentionally left blank]
Resolution No. 19-34
19
ARTICLE III
REDEMPTION OF BONDS
SECTION 3.01. PRIVILEGE OF REDEMPTION. The Bonds shall be subject
to optional and/or mandatory redemption at the times and in the amounts provided by a
Supplemental Resolution.
SECTION 3.02. SELECTION OF BONDS TO BE REDEEMED. The Bonds
shall be redeemed only in the principal amount of $5,000 each and integral multiples
thereof. The Issuer shall, at least sixty (60) days prior to the redemption date (unless a
shorter time period shall be satisfactory to the Registrar) notify the Registrar of such
redemption date and of the principal amount of Bonds to be redeemed. For purposes of
any redemption of Tess than all of the Outstanding Bonds of a single maturity, the
particular Bonds or portions of Bonds to be redeemed shall be selected not more than
forty-five (45) days prior to the redemption date by the Registrar from the Outstanding
Bonds of the maturity or maturities designated by the Issuer by such method as the
Registrar shall deem fair and appropriate and which may provide for the selection for
redemption of Bonds or portions of Bonds in principal amounts of $5,000 and integral
multiples thereof. Notwithstanding the foregoing, in the event that less than the entire
principal amount of a Term Bond is to be optionally redeemed, the Issuer shall determine
how the principal amount of such refunded Term Bond is to be allocated to the
Amortization Installments for the Term Bond and shall notify the Paying Agent and
Registrar of such allocation.
If less than all of the Outstanding Bonds of a single maturity are to be redeemed,
the Registrar shall promptly notify the Issuer and Paying Agent (if the Registrar is not the
Paying Agent for such Bonds) in writing of the Bonds or portions of Bonds selected for
redemption and, in the case of any Bond selected for partial redemption, the principal
amount thereof to be redeemed.
SECTION 3.03. NOTICE OF REDEMPTION. Unless waived by any Holder of
Bonds to be redeemed, notice of any redemption made pursuant to this section shall be
given by the Registrar on behalf of the Issuer by mailing a copy of an official redemption
notice by registered or certified mail at least thirty (30) days and not more than sixty (60)
days prior to the date fixed for redemption to each Holder of Bonds to be redeemed at
the address of such Holder shown on the registration books maintained by the Registrar
or at such other address as shall be furnished in writing by such Holder to the Registrar;
provided, however, that no defect in any notice given pursuant to this Section to any
Holder of Bonds to be redeemed nor failure to give such notice shall in any manner defeat
the effectiveness of a call for redemption as to all other Holders of Bonds to be redeemed.
Every official notice of redemption shall be dated and shall state:
1) the redemption date,
Resolution No. 19-34
20
2) the Redemption Price,
3) if less than all Outstanding Bonds are to be redeemed, the number (and, in
the case of a partial redemption of any Bond, the principal amount) of each Bond to be
redeemed,
4) that, on the redemption date, the Redemption Price will become due and
payable upon each such Bond or portion thereof called for redemption, and that interest
thereon shall cease to accrue from and after said date, and
5) that such Bonds to be redeemed, whether as a whole or in part, are to be
surrendered for payment of the Redemption Price at the designated office of the
Reg istrar.
Prior to any redemption date, the Issuer shall deposit with the Registrar an amount
of money sufficient to pay the Redemption Price of all the Bonds or portions of Bonds
which are to be redeemed on that date.
The Issuer may provide that a notice of redemption may be contingent upon the
occurrence of condition(s) and that if such condition(s) do not occur, the notice will be
rescinded; provided notice of such rescission shall be mailed in the manner described
herein to all Bondholders as soon as practicable after the Issuer has determined to
rescind the redemption.
SECTION 3.04. REDEMPTION OF PORTIONS OF BONDS. Any Bond which
is to be redeemed only in part shall be surrendered at any place of payment specified in
the notice of redemption (with due endorsement by, or written instrument of transfer in
form satisfactory to, the Registrar duly executed by, the Holder thereof or such Holder's
attorney duly authorized in writing) and the Issuer shall execute and the Registrar shall
authenticate and deliver to the Holder of such Bond, without service charge, a new Bond
or Bonds, of the same interest rate and maturity, and of any authorized denomination as
requested by such Holder, in an aggregate principal amount equal to and in exchange for
the unredeemed portion of the principal of the Bonds so surrendered.
SECTION 3.05. PAYMENT OF REDEEMED BONDS. Notice of redemption
having been given substantially as aforesaid, the Bonds or portions of Bonds so to be
redeemed shall, on the redemption date, become due and payable at the Redemption
Price therein specified, and from and after such date (unless the Issuer shall default in
the payment of the Redemption Price) such Bonds or portions of Bonds shall cease to
bear interest. Upon surrender of such Bonds for redemption in accordance with said
notice, such Bonds shall be paid by the Registrar and/or Paying Agent at the appropriate
Redemption Price, plus accrued interest. All Bonds which have been redeemed shall be
canceled by the Registrar and shall not be reissued.
Resolution No. 19-34
21
ARTICLE IV
SECURITY, SPECIAL FUNDS AND
APPLICATION THEREOF
SECTION 4.01. BONDS NOT TO BE INDEBTEDNESS OF ISSUER. THE
BONDS SHALL NOT BE OR CONSTITUTE GENERAL OBLIGATIONS OR
INDEBTEDNESS OF THE ISSUER AS "BONDS" WITHIN THE MEANING OF ANY
CONSTITUTIONAL OR STATUTORY PROVISION, BUT SHALL BE SPECIAL
OBLIGATIONS OF THE ISSUER, PAYABLE SOLELY FROM AND SECURED BY A
LIEN UPON AND PLEDGE OF THE PLEDGED FUNDS IN THE MANNER AND TO THE
EXTENT PROVIDED HEREIN. NO HOLDER OF ANY BOND SHALL EVER HAVE THE
RIGHT TO COMPEL THE EXERCISE OF ANY AD VALOREM TAXING POWER TO PAY
SUCH BOND, FOR THE PAYMENT OF ANY AMOUNTS PAYABLE HEREUNDER, OR
IN ORDER TO MAINTAIN ANY SERVICES OR PROGRAMS THAT GENERATE NON -
AD VALOREM REVENUES, OR BE ENTITLED TO PAYMENT OF SUCH BOND FROM
ANY MONEYS OF THE ISSUER EXCEPT FROM THE PLEDGED FUNDS IN THE
MANNER AND TO THE EXTENT PROVIDED HEREIN.
SECTION 4.02. BONDS SECURED BY PLEDGE OF PLEDGED FUNDS.
1) The Issuer covenants and agrees to appropriate in its annual budget, by
amendment if necessary, for each Fiscal Year in which the Bonds remain Outstanding,
sufficient amounts of Non -Ad Valorem Revenues into the Debt Service Fund for the
payment of principal of and interest on the Bonds and to make certain other payments
required hereunder in each such Fiscal Year. Such covenant and agreement on the part
of the Issuer shall be cumulative and shall continue until all payments of principal of and
interest on the Bonds shall have been budgeted, appropriated, deposited and actually
paid. The Issuer agrees that this covenant and agreement shall be deemed to be entered
into for the benefit of the Holders of the Bonds and that this obligation may be enforced
in a court of competent jurisdiction in accordance with the remedies set forth herein. No
lien upon or pledge of such budgeted Non -Ad Valorem Revenues shall be in effect until
such monies are budgeted, appropriated and deposited as provided herein.
Notwithstanding the foregoing or any provision of this Resolution to the contrary, the
Issuer does not covenant to maintain or continue any activities, services or programs now
maintained or provided by the Issuer, including those programs and services which
generate user fees, regulatory fees or other Non -Ad Valorem Revenues. This covenant
and agreement shall not be construed as a limitation on the ability of the Issuer to pledge
all or a portion of such Non -Ad Valorem Revenues or to covenant to budget and
appropriate Non -Ad Valorem Revenues for other legally permissible purposes. Nothing
herein shall be deemed to pledge ad valorem tax revenues or to permit or constitute a
mortgage or lien upon any assets owned by the Issuer and no Holder of Bonds or other
person may compel the levy of ad valorem taxes on real or personal property within the
boundaries of the Issuer for the payment of the Issuer's obligations hereunder or to
maintain any activities, services or programs now maintained or provided by the Issuer,
Resolution No. 19-34
22
including those programs and services which generate user fees, regulatory fees or other
Non -Ad Valorem Revenues.
However, this covenant to budget and appropriate in its annual budget for the
purposes and in the manner stated herein has the effect of making available for the
payment of the Bonds the Non -Ad Valorem Revenues of the Issuer in the manner
provided herein and placing on the Issuer a positive duty to appropriate and budget, by
amendment if necessary, and deposit amounts sufficient to meet its obligations
hereunder; subject, however, in all respects to the restrictions of Section 166.241, Florida
Statutes, which make it unlawful for any municipality to expend moneys not appropriated
and in excess of such municipality's current budgeted revenues. The obligation of the
Issuer to make such payments from its Non -Ad Valorem Revenues is subject in all
respects to the payment of obligations secured by a pledge of such Non -Ad Valorem
Revenues heretofore or hereafter entered into (including the payment of debt service on
bonds and other debt instruments) and funding requirements for essential public
purposes affecting health, welfare and safety of the inhabitants of the Issuer; however,
such obligation is cumulative and would carry over from Fiscal Year to Fiscal Year. The
Issuer has previously and may hereafter provide a covenant to budget and appropriate
Non -Ad Valorem Revenues as a source of security, and/or pledge one or more of such
Non -Ad Valorem Revenues to provide for the payment of obligations (including debt
obligations) incurred by the Issuer. No priority of payment among such obligations is
established when a covenant to budget and appropriate Non -Ad Valorem Revenues is
used as a source of security for the payment thereof.
Such covenant to budget and appropriate does not create any lien upon or pledge
of such Non -Ad Valorem Revenues until such funds are deposited in the Debt Service
Fund established pursuant to Section 4.04 hereof, nor does it preclude the Issuer from
pledging in the future or covenanting to budget and appropriate in the future its Non -Ad
Valorem Revenues, nor does it require the Issuer to levy and collect any particular Non -
Ad Valorem Revenues, nor does it give the Holders of the Bonds a prior claim on the
Non -Ad Valorem Revenues as opposed to claims of general creditors of the Issuer. The
payment of the debt service of all of the Bonds issued hereunder shall be secured
forthwith equally and ratably by a pledge of and a lien upon the Pledged Funds, as now
or hereafter constituted. The Issuer does hereby irrevocably pledge such Pledged Funds
to the payment of the principal of and interest on the Bonds issued pursuant to this
Resolution in the manner and to the extent described herein, and the Issuer does hereby
irrevocably agree to the deposit of Non -Ad Valorem Revenues into the Debt Service Fund
at the times provided of the sums required to secure to the Holders of the Bonds issued
hereunder, and the payment of the principal of and interest thereon when due. The
Pledged Funds shall immediately be subject to the lien of this pledge without any physical
delivery thereof or further act, and the lien of this pledge shall be valid and binding as
against all parties having claims of any kind in tort, contract or otherwise against the
Issuer.
Resolution No. 19-34
23
2) Until applied in accordance with this Resolution, the Non -Ad Valorem
Revenues deposited by the Issuer in the Debt Service Fund and other amounts on deposit
from time to time in the funds and accounts established pursuant to Section 4.04 hereof,
plus any earnings thereon, except as otherwise described herein, shall be pledged to the
repayment of the Series 2020 Bonds.
SECTION 4.03. CONSTRUCTION FUND. The Issuer covenants and agrees
to establish a separate fund to be known as the "City of Clearwater Non -Ad Valorem
Revenue Bonds, Series 2020 (Imagine Clearwater Improvements) Construction Fund,"
which shall be used only for payment of a portion of the Costs of the Project. Moneys in
the Construction Fund which derive from proceeds of the Series 2020 Bonds, until applied
in payment of any item of the Costs of a Project in accordance with the provisions hereof,
shall be held in trust by the Issuer and shall be subject to a lien and charge in favor of the
Holders of the Series 2020 Bonds and for the further security of such Holders as Pledged
Funds.
SECTION 4.04. FUNDS AND ACCOUNTS. The Issuer covenants and agrees
to establish a separate fund to be known as the "City of Clearwater Non -Ad Valorem
Revenue Bonds, Series 2020 (Imagine Clearwater Improvements) Debt Service Fund."
The Issuer shall maintain in the Debt Service Fund three accounts: the "Interest Account,"
the "Principal Account, and the "Bond Amortization Account". Moneys in the
aforementioned funds and accounts, until applied in accordance with the provisions
hereof, shall be subject to a lien and charge in favor of the Bondholders and for the further
security of the Bondholders as Pledged Funds, in the manner and to the extent described
herein.
SECTION 4.05. FLOW OF FUNDS.
1) Pursuant to Section 4.02 hereof, Non -Ad Valorem Revenues shall be
deposited or credited at least five (5) business days prior to the applicable due date, in
the following manner:
a) Interest Account. The Issuer shall deposit into or credit to the Interest
Account the sum which, together with the balance in said Account, shall be equal
to the interest on all outstanding Bonds accrued and unpaid and to accrue on such
Interest Date. Moneys in the Interest Account shall be used to pay interest on the
Bonds as and when the same become due, whether by redemption or otherwise,
and for no other purpose.
b) Principal Account. The Issuer shall deposit into or credit to the
Principal Account the sum which, together with the balance in said Account, shall
equal the portion of the principal on the Outstanding Bonds next due. Moneys in
the Principal Account shall be used to pay the principal of the Bonds as and when
the same shall mature, and for no other purpose.
Resolution No. 19-34
24
c) Bond Amortization Account. The Issuer shall deposit into or credit to
the Bond Amortization Account the sum which, together with the balance in said
Account, shall equal the portion of the Amortization Installments of all Bonds
Outstanding next due. Moneys in the Bond Amortization Account shall be used to
purchase or redeem Term Bonds in the manner herein provided, and for no other
purpose. Payments to the Bond Amortization Account shall be on a parity with
payments to the Principal Account.
2) On the date established for payment of any principal of or Redemption
Price, if applicable, or interest on the Bonds, the Issuer shall withdraw from the
appropriate account of the Debt Service Fund sufficient moneys to pay such principal or
Redemption Price, if applicable, or interest and deposit such moneys with the Paying
Agent for the Bonds to be paid.
SECTION 4.06. INVESTMENTS. The Construction Fund and the Debt
Service Fund shall be continuously secured in the manner by which the deposit of public
funds are authorized to be secured by the laws of the State. Moneys on deposit in the
Construction Fund and the Debt Service Fund may be invested and reinvested in
Permitted Investments maturing not later than the date on which the moneys therein will
be needed. Any and all income received by the Issuer from the investment of moneys in
each account of the Construction Fund, the Interest Account, the Principal Account, and
the Bond Amortization Account shall be retained in such respective Fund or Account
unless otherwise required by applicable law.
Nothing contained in this Resolution shall prevent any Permitted Investments
acquired as investments of or security for funds held under this Resolution from being
issued or held in book -entry form on the books of the Department of the Treasury of the
United States.
Permitted Investments shall be valued at cost.
SECTION 4.07. SEPARATE ACCOUNTS. The moneys required to be
accounted for in each of the foregoing funds and accounts established herein may be
deposited in a single account, and funds allocated to the various funds and accounts
established herein may be invested in a common investment pool, provided that adequate
accounting records are maintained to reflect and control the restricted allocation of the
moneys on deposit therein and such investments for the various purposes of such funds
and accounts as herein provided.
The designation and establishment of the various funds and accounts in and by
this Resolution shall not be construed to require the establishment of any completely
independent, self -balancing funds as such term is commonly defined and used in
governmental accounting, but rather is intended solely to constitute an earmarking of
Resolution No. 19-34
25
certain revenues for certain purposes and to establish certain priorities for application of
such revenues as herein provided.
ARTICLE V
OTHER OBLIGATIONS AND COVENANTS OF ISSUER
SECTION 5.01. TAX COVENANTS.
1) The Issuer covenants with the Holders of the Series 2020 Bonds that it shall
not use the proceeds of such Series 2020 Bonds in any manner which would cause the
interest on such Series 2020 Bonds to be or become includable in the gross income of
the holder thereof for federal income tax purposes.
2) The Issuer covenants with the Holders of the Series 2020 Bonds that neither
the Issuer nor any person under its control or direction will make any use of the proceeds
of such Series 2020 Bonds (or amounts deemed to be proceeds under the Code) in any
manner which would cause such Series 2020 Bonds to be "arbitrage bonds" within the
meaning of Section 148 of the Code and neither the Issuer nor any other such person
shall do any act or fail to do any act which would cause the interest on such Series 2020
Bonds to become includable in the gross income of the holder thereof for federal income
tax purposes.
3) The Issuer hereby covenants with the Holders of the Series 2020 Bonds
that it will comply with all provisions of the Code necessary to maintain the exclusion of
the interest on such Series 2020 Bonds from the gross income of the holder thereof for
federal income tax purposes, including, in particular, the payment of any amount required
to be rebated to the U.S. Treasury pursuant to the Code.
SECTION 5.02. BOOKS AND RECORDS. The Issuer shall keep proper
books, records and accounts of the receipt of the Non -Ad Valorem Revenues in
accordance with generally accepted accounting principles, and any Holders of Bonds
shall have the right at all reasonable times to inspect such books, records, accounts and
data of the Issuer relating thereto. The Issuer shall, by each April 30th following the close
of each Fiscal Year of the Issuer, cause an audit of such books, records and accounts to
be made by an independent firm of certified public accountants.
Copies of each such audit report shall be placed on file with the Issuer and be
made available at reasonable times for inspection by Holders of the Bonds.
SECTION 5.03. ANNUAL AUDIT. The Issuer shall cause the financial
statements of the Issuer to be properly audited by a recognized independent certified
public accountant or recognized independent firm of certified public accountants, and
shall require such accountants to complete their report on the annual financial statements
in accordance with applicable law. Such annual financial statements shall contain, but
Resolution No. 19-34
26
not be limited to, a balance sheet, a statement of revenues, expenditures and changes in
fund balance, and any other statements as required by law or accounting convention, and
a report by such accountants disclosing any material default on the part of the Issuer of
any covenant or agreement herein which is disclosed by the audit of the financial
statements. The annual financial statements shall be prepared in conformity with
generally accepted accounting principles.
SECTION 5.04. NO IMPAIRMENT. The pledging of the Pledged Funds in the
manner and to the extent provided herein shall not be subject to repeal, modification or
impairment by any subsequent ordinance, resolution or other proceedings of the City
Council of the Issuer.
ARTICLE VI
DEFAULTS AND REMEDIES
SECTION 6.01. EVENTS OF DEFAULT. The following events shall each
constitute an "Event of Default:"
1) The Issuer shall fail to make payment of the principal of, Amortization
Installment, redemption premium or interest on any Bond when due.
2) There shall occur the dissolution or liquidation of the Issuer, or the filing by
the Issuer of a voluntary petition in bankruptcy, or the commission by the Issuer of any
act of bankruptcy, or adjudication of the Issuer as a bankrupt, or assignment by the Issuer
for the benefit of its creditors, or appointment of a receiver for the Issuer, or the entry by
the Issuer into an agreement of composition with its creditors, or the approval by a court
of competent jurisdiction of a petition applicable to the Issuer in any proceeding for its
reorganization instituted under the provisions of the Federal Bankruptcy Act, as amended,
or under any similar act in any jurisdiction which may now be in effect or hereafter
enacted.
3) The Issuer shall default in the due and punctual performance of any other
of the covenants, conditions, agreements and provisions contained in the Bonds or in this
Resolution on the part of the Issuer to be performed, and such default shall continue for
a period of thirty (30) days after written notice of such default shall have been received
from the Holders of not less than twenty-five percent (25%) of the aggregate principal
amount of Bonds Outstanding. Notwithstanding the foregoing, the Issuer shall not be
deemed in default hereunder if such default can be cured within a reasonable period of
time and if the Issuer in good faith institutes curative action and diligently pursues such
action until the default has been corrected.
SECTION 6.02. REMEDIES. In the Event of Default, any Holder of Bonds
issued under the provisions of this Resolution or any trustee or receiver acting for such
Bondholders may either at law or in equity, by suit, action, mandamus or other
proceedings in any court of competent jurisdiction, protect and enforce any and all rights
Resolution No. 19-34
27
under the laws of the State, or granted and contained in this Resolution, and may enforce
and compel the performance of all duties required by this Resolution or by any applicable
statutes to be performed by the Issuer or by any officer thereof.
The Holders of Bonds in an aggregate principal amount of not less than twenty-
five percent (25%) of the Bonds then Outstanding may by a duly executed certificate in
writing appoint a trustee for Holders of Bonds issued pursuant to this Resolution with
authority to represent such Bondholders in any legal proceedings for the enforcement
and protection of the rights of such Bondholders and such certificate shall be executed
by such Bondholders or their duly authorized attomeys or representatives, and shall be
filed in the office of the City Clerk. Notice of such appointment, together with evidence of
the requisite signatures of the Holders of not Tess than twenty-five percent (25%) in
aggregate principal amount of Bonds Outstanding and the trust instrument under which
the trustee shall have agreed to serve shall be filed with the Issuer and the trustee and
notice of appointment shall be given to all Holders of Bonds in the same manner as
notices of redemption are given hereunder. After the appointment of the first trustee
hereunder, no further trustees may be appointed; however, the Holders of a majority in
aggregate principal amount of all the Bonds then Outstanding may remove the trustee
initially appointed and appoint a successor and subsequent successors at any time.
Notwithstanding anything herein to the contrary, acceleration as a remedy in the
Event of a Default is not permitted.
SECTION 6.03. DIRECTIONS TO PAYING AGENT AS TO REMEDIAL
PROCEEDINGS. The Holders of a majority in principal amount of the Bonds then
Outstanding shall have the right, by an instrument or concurrent instruments in writing
executed and delivered to the Paying Agent, to direct the method and place of conducting
all remedial proceedings to be taken by the trustee hereunder, provided that such
direction shall not be otherwise than in accordance with law or the provisions hereof, and
that the trustee shall have the right to decline to follow any such direction which in the
opinion of the trustee would be unjustly prejudicial to Holders of Bonds not parties to such
direction.
SECTION 6.04. REMEDIES CUMULATIVE. No remedy herein conferred
upon or reserved to the Bondholders is intended to be exclusive of any other remedy or
remedies, and each and every such remedy shall be cumulative, and shall be in addition
to every other remedy given hereunder or now or hereafter existing at law or in equity or
by statute.
SECTION 6.05. WAIVER OF DEFAULT. No delay or omission of any
Bondholder to exercise any right or power accruing upon any default shall impair any
such right or power or shall be construed to be a waiver of any such default, or an
acquiescence therein; and every power and remedy given by Section 6.02 of this
Resolution No. 19-34
28
Resolution to the Bondholders may be exercised from time to time, and as often as may
be deemed expedient.
SECTION 6.06. APPLICATION OF MONEYS AFTER DEFAULT. If an Event
of Default shall happen and shall not have been remedied, the Issuer or a trustee or
receiver appointed for the purpose shall apply all Pledged Funds as follows and in the
following order (provided, however, and notwithstanding anything herein to the contrary,
moneys in the Construction Fund which derive from the proceeds of the Series 2020
Bonds shall not be applied to the payment of the Series 2020 Bonds):
1) To the payment of the reasonable and proper charges, expenses and
liabilities of the trustee or receiver, Registrar and Paying Agent hereunder; and
2) To the payment of the interest and principal or Redemption Price, if
applicable, then due on the Bonds, as follows:
A) All such moneys shall be applied:
FIRST: to the payment to the Persons entitled thereto of all installments of
interest then due, in the order of the maturity of such installments, and, if the
amount available shall not be sufficient to pay in full any particular installment, then
to the payment ratably, according to the amounts due on such installment, to the
Persons entitled thereto, without any discrimination or preference;
SECOND: to the payment to the Persons entitled thereto of the unpaid
principal of any of the Bonds which shall have become due at maturity or upon
mandatory redemption prior to maturity (other than Bonds called for redemption
for the payment of which moneys are held pursuant to the provisions of Section
8.01 of this Resolution), in the order of their due dates, with interest upon such
Bonds from the respective dates upon which they became due, and, if the amount
available shall not be sufficient to pay in full Bonds due on any particular date,
together with such interest, then to the payment first of such interest, ratably
according to the amount of such interest due on such date, and then to the
payment of such principal, ratably according to the amount of such principal due
on such date, to the Persons entitled thereto without any discrimination or
preference; and
THIRD: to the payment of the Redemption Price of any Bonds called for
optional redemption pursuant to the provisions of this Resolution.
B) If the principal of all the Bonds shall have become due and payable,
all such moneys shall be applied to the payment of the principal and interest then due
and unpaid upon the Bonds, with interest thereon as aforesaid, without preference or
priority of principal over interest or of interest over principal, or of any installment of
interest over any other installment of interest, or of any Bond over any other Bond, ratably,
Resolution No. 19-34
29
according to the amounts due respectively for principal and interest, to the Persons
entitled thereto without any discrimination or preference.
ARTICLE VII
SUPPLEMENTAL RESOLUTIONS
SECTION 7.01. SUPPLEMENTAL RESOLUTIONS WITHOUT
BONDHOLDERS' CONSENT. The Issuer, from time to time and at any time, may adopt
such Supplemental Resolutions without the consent of the Bondholders (which
Supplemental Resolutions shall thereafter form a part hereof) for any of the following
purposes:
1) To cure any ambiguity or formal defect or omission or to correct any
inconsistent provisions in this Resolution or to clarify any matters or questions arising
hereunder.
2) To grant to or confer upon the Bondholders any additional rights, remedies,
powers, authority or security that may lawfully be granted to or conferred upon the
Bondholders.
3) To add to the conditions, limitations and restrictions on the issuance of
Bonds under the provisions of this Resolution other conditions, limitations and restrictions
thereafter to be observed.
4) To add to the covenants and agreements of the Issuer in this Resolution
other covenants and agreements thereafter to be observed by the Issuer or to surrender
any right or power herein reserved to or conferred upon the Issuer.
5) To specify and determine the matters and things referred to in Sections 2.01
or 2.02 hereof, and also any other matters and things relative to such Bonds which are
not contrary to or inconsistent with this Resolution as theretofore in effect, or to amend,
modify or rescind any such authorization, specification or determination at any time prior
to the first delivery of such Bonds.
6) To change or modify the description of the Project.
7) To provide for the manner and terms of sale of the Bonds.
8) To make any other change that, in the opinion of the Issuer, would not
materially adversely affect the security for the Bonds.
SECTION 7.02. SUPPLEMENTAL RESOLUTIONS WITH BONDHOLDERS'
CONSENT. Subject to the terms and provisions contained in this Section 7.02 and
Section 7.01 hereof, the Holders of not less than a majority in aggregate principal amount
of the Bonds then Outstanding shall have the right, from time to time, to consent to and
Resolution No. 19-34
30
approve the adoption of such Supplemental Resolution or resolutions hereto as shall be
deemed necessary or desirable by the Issuer for the purpose of supplementing,
modifying, altering, amending, adding to or rescinding, in any particular, any of the terms
or provisions contained in this Resolution. No Supplemental Resolution may be
approved or adopted which shall permit or require (A) an extension of the maturity of the
principal of or the payment of the interest on any Bond issued hereunder, (B) reduction in
the principal amount of any Bond or the Redemption Price or the rate of interest thereon,
C) the creation of a lien upon or a pledge of other than the lien and pledge created by
this Resolution which adversely affects any Bondholders, (D) a preference or priority of
any Bond or Bonds over any other Bond or Bonds, or (E) a reduction in the aggregate
principal amount of the Bonds required for consent to such Supplemental Resolution,
unless such Supplemental Resolution has the approval of 100% of the Bondholders.
Nothing herein contained, however, shall be construed as making necessary the approval
by Bondholders of the adoption of any Supplemental Resolution as authorized in Section
7.01 hereof.
If, at any time the Issuer shall determine that it is necessary or desirable to adopt
any Supplemental Resolution pursuant to this Section 7.02, the City Clerk shall cause the
Registrar to give notice of the proposed adoption of such Supplemental Resolution and
the form of consent to such adoption to be mailed, postage prepaid, to all Bondholders at
their addresses as they appear on the registration books. Such notice shall briefly set
forth the nature of the proposed Supplemental Resolution and shall state that copies
thereof are on file at the offices of the City Clerk and the Registrar for inspection by all
Bondholders. The Issuer shall not, however, be subject to any liability to any Bondholder
by reason of its failure to cause the notice required by this Section 7.02 to be mailed and
any such failure shall not affect the validity of such Supplemental Resolution when
consented to and approved as provided in this Section 7.02.
Whenever the Issuer shall deliver to the City Clerk an instrument or instruments in
writing purporting to be executed by the Holders of not less than a majority in aggregate
principal amount of the Bonds then Outstanding, which instrument or instruments shall
refer to the proposed Supplemental Resolution described in such notice and shall
specifically consent to and approve the adoption thereof in substantially the form of the
copy thereof referred to in such notice, thereupon, but not otherwise, the Issuer may adopt
such Supplemental Resolution in substantially such form, without liability or responsibility
to any Holder of any Bond, whether or not such Holder shall have consented thereto.
If the Holders of not less than a majority in aggregate principal amount of the Bonds
Outstanding at the time of the adoption of such Supplemental Resolution shall have
consented to and approved the adoption thereof as herein provided, no Holder of any
Bond shall have any right to object to the adoption of such Supplemental Resolution, or
to object to any of the terms and provisions contained therein or the operation thereof, or
in any manner to question the propriety of the adoption thereof, or to enjoin or restrain the
Resolution No. 19-34
31
Issuer from adopting the same or from taking any action pursuant to the provisions
thereof.
Upon the adoption of any Supplemental Resolution pursuant to the provisions of
this Section 7.02, this Resolution shall be deemed to be modified and amended in
accordance therewith, and the respective rights, duties and obligations under this
Resolution of the Issuer and all Holders of Bonds then Outstanding shall thereafter be
determined, exercised and enforced in all respects under the provisions of this Resolution
as so modified and amended.
ARTICLE VIII
MISCELLANEOUS
SECTION 8.01. DEFEASANCE. If the Issuer shall payor cause to be paid, or
there shall otherwise be paid to the Holders of all Bonds, the principal or Redemption
Price, if applicable, and interest due or to become due thereon, at the times and in the
manner stipulated therein and in this Resolution, then the pledge of the Pledged Funds,
and all covenants, agreements and other obligations of the Issuer to the Bondholders,
shall thereupon cease, terminate and become void and be discharged and satisfied. In
such event, the Paying Agents shall pay over or deliver to the Issuer all money or
securities held by them pursuant to this Resolution which are not required for the payment
or redemption of Bonds not theretofore surrendered for such payment or redemption.
Any Bonds or interest installments appertaining thereto, whether at or prior to the
maturity or redemption date of such Bonds, shall be deemed to have been paid within the
meaning of this Section 8.01 if (A) in case any such Bonds are to be redeemed prior to
the maturity thereof, there shall have been taken all action necessary to call such Bonds
for redemption and notice of such redemption shall have been duly given or provision
shall have been made for the giving of such notice, and (B) there shall have been
deposited in irrevocable trust with a banking institution or trust company by or on behalf
of the Issuer either moneys in an amount which shall be sufficient, or Defeasance
Securities the principal of and the interest on which when due will provide moneys which,
together with the moneys, if any, deposited with such bank or trust company at the same
time shall be sufficient, to pay the principal of or Redemption Price, if applicable, and
interest due and to become due on said Bonds on and prior to the redemption date or
maturity date thereof, as the case may be. Except as hereafter provided, neither the
Defeasance Securities nor any moneys so deposited with such bank or trust company
nor any moneys received by such bank or trust company on account of principal of or
Redemption Price, if applicable, or interest on said Defeasance Securities shall be
withdrawn or used for any purpose other than, and all such moneys shall be held in trust
for and be applied to, the payment, when due, of the principal of or Redemption Price, if
applicable, of the Bonds for the payment or redemption of which they were deposited and
the interest accruing thereon to the date of maturity or redemption; provided, however,
the Issuer may substitute new Defeasance Securities and moneys for the deposited
Resolution No. 19-34
32
Defeasance Securities and moneys if the new Defeasance Securities and moneys are
sufficient to pay the principal of or Redemption Price, if applicable, and interest on the
refunded Bonds.
In the event the Bonds for which moneys are to be deposited for the payment
thereof in accordance with this Section 8.01 are not by their terms subject to redemption
within the next succeeding sixty (60) days, the Issuer shall cause the Registrar to mail a
notice to the Holders of such Bonds that the deposit required by this Section 8.01 of
moneys or Defeasance Securities has been made and said Bonds are deemed to be paid
in accordance with the provisions of this Section 8.01 and stating such maturity or
redemption date upon which moneys are to be available for the payment of the principal
of or Redemption Price, if applicable, and interest on said Bonds.
Nothing herein shall be deemed to require the Issuer to call any of the Outstanding
Bonds for redemption prior to maturity pursuant to any applicable optional redemption
provisions, or to impair the discretion of the Issuer in determining whether to exercise any
such option for early redemption.
SECTION 8.02. GENERAL AUTHORITY. The Mayor, the Vice Mayor, the
City Manager, the Finance Director, the City Attorney and any other proper officials of the
Issuer are hereby authorized to perform all acts and things required of them by this
Resolution or any Supplemental Resolution or desirable or consistent with the
requirements hereof for the full, punctual and complete performance of all of the terms,
covenants and agreements contained in the Bonds, this Resolution, and any
Supplemental Resolution, and they are hereby authorized to execute and deliver all
documents which shall be required by Bond Counsel or the initial purchasers of the Bonds
to effectuate the sale of the Bonds to said initial purchasers and any representation made
in such documents shall be deemed to be made on behalf of the Issuer. All action taken
to date by the officers of the Issuer in furtherance of the issuance of the Bonds is hereby
approved, confirmed and ratified.
SECTION 8.03. INTERESTED PARTIES. Nothing in this Resolution
expressed or implied is intended or shall be construed to confer upon, or to give to, any
person or entity, other than the Issuer, the Paying Agent, and the registered Holders of
the Bonds, any right, remedy or claim under or by reason of this Resolution or any
covenant, condition or stipulation thereof, and all covenants, stipulations, promises and
agreements in this Resolution contained by and on behalf of the Issuer shall be for the
sole and exclusive benefit of the Issuer, the Paying Agent, and the registered Holders of
the Bonds.
SECTION 8.04. NO PERSONAL LIABILITY. Neither the members of the City
Council of the Issuer, the Mayor, the Vice Mayor, the City Manager, the Finance Director,
the City Attorney, any person executing the Bonds nor any Charter officers shall be
Resolution No. 19-34
33
personally liable therefor or be subject to any personal liability or accountability by reasonoftheissuancethereof.
SECTION 8.05. SEVERABILITY OF INVALID PROVISIONS. If any one or
more of the covenants, agreements or provisions of this Resolution shall be held contrary
to any express provision of law or contrary to the policy of express law, but not expressly
prohibited, or against public policy, or shall for any reason whatsoever be held invalid,
then such covenants, agreements or provisions shall be null and void and shall be
deemed separable from the remaining covenants, agreements or provisions and shall in
no way affect the validity of the other provisions hereof or of the Bonds.
SECTION 8.06. REPEAL OF INCONSISTENT RESOLUTIONS. All
resolutions or parts thereof in conflict herewith are hereby superseded and repealed to
the extent of such conflict.
SECTION 8.07. DECLARATION OF OFFICIAL INTENT. The Issuer hereby
expresses its intention to be reimbursed from proceeds of a tax-exempt financing or other
obligations for capital expenditures to be paid by the Issuer in connection with the
construction of the Project. Pending reimbursement, the Issuer expects to use funds on
deposit in its general fund and other funds legally available to pay a portion of the cost of
the Project. It is not reasonably expected that the total amount of debt to be incurred by
the Issuer to reimburse itself for expenditures paid with respect to the Project will exceed
30,000,000. This Resolution is intended to constitute a "declaration of official intent"
within the meaning of Section 1.150-2 of the Income Tax Regulations.
SECTION 8.08. VALIDATION AUTHORIZED. The City Attorney and Bond
Counsel are authorized and directed to prepare and file proceedings in the Circuit Court
of the Sixth Judicial Circuit of Florida in and for Pinellas County, Florida, for the validation
of the Bonds and the Project to be financed with the proceeds thereof, and the proper
officers of the Issuer are hereby authorized to verify on behalf of the Issuer any pleading
in such proceedings.
Remainder of page intentionally left blank]
Resolution No. 19-34
34
SECTION 8.09. EFFECTIVE DATE. This Resolution shall take effect
immediately upon its adoption.
Passed and adopted by the City Council of the City of Clearwater, Florida this Ai
day of November, 2019.
Approved as to f rm:
jC
Pamela Akin
City Attorney
CITY OF CLEARWATER, FLORIDA
By: Cke°11C1Cr tVACO
George N. Cretekos
Mayor
Attest:
35
Resolution No. 19-34
EXHIBIT A
DESCRIPTION OF IMAGINE CLEARWATER IMPROVEMENTS
COACHMAN PARK REDEVELOPMENT
SUMMARY OF IMPROVEMENTS
On February 21, 2017, the Clearwater City Council accepted the plan for the
redevelopment of Coachman Park known as Imagine Clearwater. This plan detailed a
concept for park redevelopment which is in the process of final design and activation
planning leading toward permitting in mid -2020.
This project is to occur in two phases commencing with a southerly portion or Phase I
which includes an amphitheater/band shell site along with a bluff walk, entry way plaza,
and various other improvements and amenities. These amenities and structural
components include an amphitheater/band shell with substantial back of house
associated facilities, covering canopy for up to 4,000 seats; marina office and public
restroom facilities; various trails and walkways comprising extensive hardscape
infrastructure; a bluff walk extending the length of the park from north to south and
including an elevated bridge/walkway across Cleveland Street; a small lake area with
bridge and island crossing, ceremony venue, and overlook structures; parking, lighting,
seating, and other public amenity areas.
Phase II improvements will occur in the northerly portion of the site and includes extensive
active use areas including interactive fountains; elevated "tree walk" play structure, slides,
and picnic areas; an extensive hardscape trail and pathway system; parking areas; public
restroom and related facilities; and stepped access to waterfront areas.
ORDINANCE NO. 9357-20
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA; RATIFYING THE ADOPTION OF RESOLUTION
NO. 19-34; AUTHORIZING THE ISSUANCE OF BONDS TO
FINANCE A PORTION OF THE COSTS OF THE IMAGINE
CLEARWATER PROJECT IN ACCORDANCE WITH THE
CITY CODE OF ORDINANCES; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Clearwater (the "Issuer") deems it necessary, desirable and
in the best interests of the Issuer and its citizens and to serve a paramount public purpose
that the Imagine Clearwater Project (the "Project") be completed; and
WHEREAS, the Project shall be financed and/or reimbursed with the proceeds of
debt instruments, together with certain other legally available funds of the Issuer; and
WHEREAS, that in order to preserve and promote the gainful employment and
tourism and to enhance the economic prosperity and public welfare of the inhabitants of
the Issuer, it is necessary and desirable that the Project be completed; and
WHEREAS, the Issuer has adopted Resolution No. 19-34 on November 21, 2019
the "Bond Resolution") authorizing the issuance of debt instruments (the "Series 2020
Bonds"), and in accordance with the Issuer's Code of Ordinances, Chapter 2, Article VI,
Section 2.522, the Issuer wants to ratify the adoption of the Bond Resolution and approve
the issuance of such debt instruments in accordance with the Issuer's Code of
Ordinances; and
WHEREAS, the estimated Non -Ad Valorem Revenues, after satisfying funding
requirements for obligations having an express lien on or pledge thereof and after
satisfying any funding requirements for essential governmental services of the Issuer
which are not funded by ad valorem taxation, will be sufficient to pay the principal of and
interest on the Series 2020 Bonds, as the same become due, and to make all other
payments provided for in the Bond Resolution; and
WHEREAS, the principal of and interest on the Series 2020 Bonds and all other
payments provided for in the Bond Resolution will be paid solely from the Pledged Funds;
and the ad valorem taxing power of the Issuer will never be necessary to pay the principal
of and interest on the Series 2020 Bonds and, except as otherwise provided in the Bond
Resolution, the Series 2020 Bonds shall not constitute a lien upon any property of the
Issuer; and
WHEREAS, the Issuer intends on adopting a Supplemental Resolution to provide
for the manner of sale and terms of the Series 2020 Bonds, including the approval of the
Purchase Contract, the designation of the Underwriter and the distribution of an offering
document in connection with the sale of the Series 2020 Bonds by the Underwriter, and
Ordinance No. 9357-20
the designation of the Paying Agent and Registrar, after it has completed the validation
of the Series 2020 Bonds authorized in Section 8.08 of the Bond Resolution; now
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1. The adoption of the Bond Resolution is hereby ratified and confirmed
and the issuance of the debt instruments identified as the Series 2020 Bonds is hereby
approved, subject to and in conformity with the provisions set forth in the Bond Resolution
as the same may be modified or supplemented prior to the issuance of the Series 2020
Bonds as contemplated by the Bond Resolution.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING JAN 1:6 2019
FEB 0.6 2020PASSEDONSECONDANDFINAL
READING AND ADOPTED
Mayor
George N. Cretekos
Approved as to form: Attest:
2
Rosemarie Call
City Clerk
Ordinance No. 9357-20
PRELIMINARY OFFICIAL STATEMENT DATED _______, 2022
NEW ISSUE – BOOK-ENTRY ONLY RATING: See "RATING" herein.
In the opinion of bond counsel, assuming compliance by the City with certain
covenants, under existing statutes, regulations, and judicial decisions, the interest on the
Series 2022 Bonds will be excluded from gross income for federal income tax purposes of
the holders thereof and will not be an item of tax preference for purposes of the federal
alternative minimum tax. See "TAX MATTERS" herein for a description of other tax
consequences to holders of the Series 2022 Bonds.
$30,000,000*
CITY OF CLEARWATER, FLORIDA
NON-AD VALOREM REVENUE BONDS,
SERIES 2022
(IMAGINE CLEARWATER IMPROVEMENTS)
Dated: Date of Delivery Due: October 1, as shown on inside cover
The $30,000,000* City of Clearwater, Florida Non-Ad Valorem Revenue Bonds,
Series 2022 (Imagine Clearwater Improvements) (the "Series 2022 Bonds") will be
issued only as fully registered bonds, without coupons, and when initially issued will be
registered to Cede & Co., as nominee of The Depository Trust Company, New York,
New York ("DTC"). Individual purchases will be made in book-entry form only, in the
principal amount of $5,000 or any integral multiple thereof. Beneficial owners of the
Series 2022 Bonds will not receive physical delivery of bond certificates. Interest on the
Series 2022 Bonds is payable commencing on April 1, 2023 and on each October 1 and
April 1 thereafter, until maturity or earlier redemption as more fully described herein. So
long as DTC or its nominee is the registered owner of the Series 2022 Bonds, payment of
the principal of and interest on such Series 2022 Bonds will be made directly to DTC.
Disbursements of such payments to DTC participants are the responsibility of DTC and
disbursements of such payments to the beneficial owners are the responsibility of DTC
participants (see "THE SERIES 2022 BONDS – Book-Entry Only System" herein). U.S.
Bank Trust Company, National Association, Orlando, Florida, is serving as Registrar and
Paying Agent for the Series 2022 Bonds.
Certain of the Series 2022 Bonds are subject to redemption prior to maturity as set
forth herein. See "THE SERIES 2022 BONDS – Redemption Provisions" herein.
Pursuant to the Resolution (as hereinafter defined), the City of Clearwater (the
"City") has covenanted and agreed to appropriate in its annual budget, by amendment, if
necessary, for each Fiscal Year in which the Series 2022 Bonds remain Outstanding,
sufficient amounts of Non-Ad Valorem Revenues into the Debt Service Fund (as such
terms are defined in the Resolution) for the payment of principal of and interest on the
Series 2022 Bonds and to make certain other payments required hereunder in each such
Fiscal Year. The covenant and obligation of the City to budget and appropriate such
amounts as described above is subject to certain caveats more fully described herein and
in the Resolution. See "SECURITY FOR THE SERIES 2022 BONDS" herein.
The Series 2022 Bonds are being issued pursuant to (a) the charter of the City, (b)
the Constitution and the laws of the State of Florida, particularly Chapter 166, Parts I and
II, Florida Statutes, and other applicable provisions of law, (c) Ordinance No. 9357-20
enacted by the City on February 6, 2020, and (d) Resolution No. 19-34 of the City,
adopted on November 21, 2019, as amended and supplemented by Resolution No. 22-__,
adopted [June 16], 2022 (collectively, the "Resolution"), to provide funds which will be
sufficient to (i) finance and/or reimburse a portion of the cost of acquisition, construction
and equipping of the Imagine Clearwater Project (as further described herein, the
"Project"), and (ii) pay related costs of issuance of the Series 2022 Bonds. Terms not
defined herein shall have the meanings given to them in the Resolution.
The Series 2022 Bonds are a portion of the bonds that were validated by a Final
Judgment of the Circuit Court of the Sixth Judicial Circuit of Florida, in and for Pinellas
County, Florida. See "VALIDATION" herein.
SEE THE INSIDE COVER PAGE FOR MATURITIES, PRINCIPAL
AMOUNTS, INTEREST RATES, PRICES, YIELDS AND INITIAL CUSIP
NUMBERS.
This cover page is not intended to be a summary of the terms or security
provisions of the Series 2022 Bonds. Investors are advised to read the entire Official
Statement to obtain information essential to the making of an informed investment
decision.
THE SERIES 2022 BONDS DO NOT CONSTITUTE A GENERAL
INDEBTEDNESS OF THE CITY WITHIN THE MEANING OF ANY
CONSTITUTIONAL, STATUTORY OR CHARTER PROVISION OR LIMITATION,
AND NO BONDHOLDER SHALL EVER HAVE THE RIGHT TO REQUIRE OR
COMPEL THE EXERCISE OF THE AD VALOREM TAXING POWER OF THE
CITY OR TAXATION OF ANY REAL OR PERSONAL PROPERTY THEREIN FOR
THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THE SERIES 2022
BONDS OR THE MAKING OF ANY OTHER PAYMENTS IN CONNECTION
THEREWITH.
Pursuant to the provisions of the Official Notice of Sale, only electronic bids
for the Series 2022 Bonds will be received on behalf of the City up to [10:30 a.m.
(but not later than 10:30 a.m.), eastern time on June 28, 2022].
The Series 2022 Bonds are offered when, as and if issued and accepted by the
Underwriter subject to the approval of legality by Bryant Miller Olive P.A., Tallahassee,
Florida, Bond Counsel. Certain other legal matters will be passed upon for the City by
David Margolis, Esquire, City Attorney, and by Nabors, Giblin & Nickerson, P.A.,
Tampa, Florida, Disclosure Counsel to the City. Public Resources Advisory Group, Inc.,
St. Petersburg, Florida, is serving as Financial Advisor to the City. It is expected that the
Series 2022 Bonds, in definitive book-entry form, will be available for delivery through
DTC in New York, New York on or about ___________, 2022.
The date of this Official Statement is __________, 2022.
* Preliminary, subject to change.
* Preliminary, subject to change.
** Subject to the Term Bond option as described in the Official Notice of Sale.
† The City is not responsible for the use of the CUSIP Numbers referenced herein nor is any representation
made by the City as to their correctness. The CUSIP Numbers provided herein are included solely for
the convenience of the readers of this Official Statement.
$30,000,000*
CITY OF CLEARWATER, FLORIDA
NON-AD VALOREM REVENUE BONDS, SERIES 2022
(IMAGINE CLEARWATER IMPROVEMENTS)
MATURITIES, PRINCIPAL AMOUNTS, INTEREST RATES, PRICES, YIELDS
AND INITIAL CUSIP NUMBERS
Maturity
(October 1)*
Principal
Amount*
Interest
Rate Price Yield
Initial CUSIP
Numbers†
2023
2024
2025
2026
2027
2028
2029
2030
2031
2032
2033
2034
2035
2036
2037
2038
2039
2040
2041
2042**
2043**
2044**
2045**
2046**
2047**
2048**
2049**
2050**
2051**
2052**
$_______ _____% Term Bonds Due October 1, 20__ Price _______% Yield _____% Initial CUSIP†: _________
CITY OF CLEARWATER, FLORIDA
CITY OFFICES
One Clearwater Tower, 6th Floor
600 Cleveland Street
Clearwater, Florida 33758-4748
MAYOR
Frank V. Hibbard
CITY COUNCIL
David Allbritton
Kathleen Beckman
Mark Bunker
Lina Teixeira
APPOINTED OFFICIALS
Jon Jennings, City Manager
Michael Delk, Assistant City Manager
Micah Maxwell, Assistant City Manager
David Margolis, Esq., City Attorney
Brian J. Ravins, CGFO, Finance Director
BOND COUNSEL
Bryant Miller Olive P.A.
Tallahassee, Florida
FINANCIAL ADVISOR
Public Resources Advisory Group, Inc.
St. Petersburg, Florida
DISCLOSURE COUNSEL
Nabors, Giblin & Nickerson, P.A.
Tampa, Florida
REGISTRAR AND PAYING AGENT
U.S. Bank Trust Company, National Association
Orlando, Florida
No broker, dealer, salesman or other person has been authorized by the City to
give any information or to make any representation with respect to the Series 2022
Bonds, other than those contained in this Official Statement, and, if given or made, such
other information or representations must not be relied upon as having been authorized by
the foregoing. This Official Statement does not constitute an offer to sell or the
solicitation of an offer to buy, and there shall be no sale of the Series 2022 Bonds by any
person in any jurisdiction in which it is unlawful for such person to make such offer,
solicitation or sale.
The information set forth herein has been obtained from the City and other sources
which are believed to be reliable, but is not guaranteed as to accuracy or completeness by,
and is not to be construed as a representation of, the City with respect to any information
provided by others. The information and expressions of opinion herein are subject to
change without notice, and neither the delivery of this Official Statement nor any sale
made hereunder shall, under any circumstances, create any implication that there has been
no change in the affairs of the City since the date hereof or the earliest date as of which
such information is given.
THE SERIES 2022 BONDS HAVE NOT BEEN REGISTERED UNDER
THE SECURITIES ACT OF 1933, NOR HAS THE RESOLUTION BEEN
QUALIFIED UNDER THE TRUST INDENTURE ACT OF 1939, IN RELIANCE
UPON EXEMPTIONS CONTAINED IN SUCH ACTS. THE REGISTRATION
OR QUALIFICATION OF THE SERIES 2022 BONDS IN ACCORDANCE WITH
APPLICABLE PROVISIONS OF THE SECURITIES LAWS OF THE STATES, IF
ANY, IN WHICH THE SERIES 2022 BONDS HAVE BEEN REGISTERED OR
QUALIFIED AND THE EXEMPTION FROM REGISTRATION OR
QUALIFICATION IN CONNECTION WITH OTHER STATES CANNOT BE
REGARDED AS A RECOMMENDATION THEREOF. NEITHER THESE
STATES NOR ANY OF THEIR AGENCIES HAVE PASSED UPON THE
MERITS OF THE SERIES 2022 BONDS OR THE ACCURACY OR
COMPLETENESS OF THIS OFFICIAL STATEMENT. ANY
REPRESENTATIONS TO THE CONTRARY MAY BE A CRIMINAL OFFENSE.
IN MAKING AN INVESTMENT DECISION, INVESTORS MUST RELY
ON THEIR OWN EXAMINATION OF THE SECURITY FOR THE SERIES 2022
BONDS AND THE TERMS OF THE OFFERING, INCLUDING THE MERITS
AND RISKS INVOLVED. THESE SECURITIES HAVE NOT BEEN
RECOMMENDED BY ANY FEDERAL OR STATE SECURITIES COMMISSION
OR REGULATORY AUTHORITY. FURTHERMORE, THE FOREGOING
AUTHORITIES HAVE NOT CONFIRMED THE ACCURACY OR
DETERMINED THE ADEQUACY OF THIS DOCUMENT. ANY
REPRESENTATION TO THE CONTRARY IS A CRIMINAL OFFENSE.
The order and placement of materials in this Official Statement, including the
Appendices, are not to be deemed a determination of relevance, materiality or
importance, and this Official Statement, including the Appendices, must be considered in
its entirety. The captions and headings in this Official Statement are for convenience
only and in no way define, limit or describe the scope or intent, or affect the meaning or
construction, of any provisions or sections in this Official Statement. The offering of the
Series 2022 Bonds is made only by means of this entire Official Statement.
References to website addresses presented in this Official Statement are for
informational purposes only and may be in the form of a hyperlink solely for the reader's
convenience. Unless specified otherwise, such websites and the information or links
contained therein are not incorporated into, and are not part of, this Official Statement.
Certain statements included or incorporated by reference in this Official Statement
constitute "forward-looking statements." Such statements generally are identifiable by
the terminology used, such as "plan", "expect", "estimate", "project", "forecast", "budget"
or other similar words. The achievement of certain results or other expectations
contained in such forward-looking statements involve known and unknown risks,
uncertainties and other factors that may cause actual results, performance or
achievements described to be materially different from any future results, performance or
achievements expressed or implied by such forward-looking statements. The City does
not plan to issue any updates or revisions to those forward-looking statements if or when
its expectations or events, conditions or circumstances on which such statements are
based occur.
THIS PRELIMINARY OFFICIAL STATEMENT IS IN A FORM DEEMED
FINAL BY THE CITY FOR PURPOSES OF RULE 15C2-12 ISSUED UNDER
THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED, EXCEPT FOR
CERTAIN INFORMATION PERMITTED TO BE OMITTED PURSUANT TO
RULE 15C2-12(B)(1).
i
TABLE OF CONTENTS
PAGE
INTRODUCTION ............................................................................................................... 3
PURPOSE OF THE SERIES 2022 BONDS ....................................................................... 4
THE PROJECT .................................................................................................................... 4
ESTIMATED SOURCES AND USES OF FUNDS ........................................................... 5
SCHEDULED DEBT SERVICE FOR THE SERIES 2022 BONDS ................................. 6
THE SERIES 2022 BONDS ............................................................................................... 7
General ............................................................................................................................ 7
Registration, Transfer and Exchange .............................................................................. 7
Redemption Provisions ................................................................................................... 8
Book-Entry Only System ................................................................................................ 9
SECURITY FOR THE SERIES 2022 BONDS ................................................................ 13
General .......................................................................................................................... 13
Limited Obligations ...................................................................................................... 13
Construction Fund ......................................................................................................... 14
No Reserve Fund ........................................................................................................... 14
Non-Ad Valorem Revenues .......................................................................................... 14
Other Non-Ad Valorem Indebtedness ........................................................................... 31
Anti-Dilution Covenant ................................................................................................. 32
OTHER FINANCIAL INFORMATION .......................................................................... 33
Historical Non-Ad Valorem Revenues ......................................................................... 33
Historical Governmental Funds .................................................................................... 35
THE CITY ......................................................................................................................... 37
General Information and Location ................................................................................ 37
Government ................................................................................................................... 37
Administration ............................................................................................................... 38
Budgetary Process ......................................................................................................... 38
Limitations; Effective Date. .......................................................................................... 39
Investment Policy .......................................................................................................... 39
Self-Insurance ............................................................................................................... 40
Management Discussion ............................................................................................... 40
Pension and Other Post-Employment Benefits ............................................................. 41
Other Post-Employment Benefits (OPEB) ................................................................... 42
INVESTMENT CONSIDERATIONS .............................................................................. 43
Climate Change ............................................................................................................. 43
Cybersecurity ................................................................................................................ 44
COVID-19 ..................................................................................................................... 45
VALIDATION .................................................................................................................. 46
LITIGATION .................................................................................................................... 47
LEGAL MATTERS .......................................................................................................... 47
TAX MATTERS ............................................................................................................... 47
ii
General .......................................................................................................................... 47
Information Reporting and Backup Withholding ......................................................... 48
Other Tax Matters ......................................................................................................... 49
[Tax Treatment of Original Issue Discount .................................................................. 49
[Tax Treatment of Bond Premium ................................................................................ 50
ENFORCEABILITY OF REMEDIES .............................................................................. 50
FINANCIAL ADVISOR ................................................................................................... 51
UNDERWRITING ............................................................................................................ 51
RATING ............................................................................................................................ 52
FINANCIAL STATEMENTS ........................................................................................... 52
DISCLOSURE REQUIRED BY FLORIDA BLUE SKY LAW ...................................... 52
CONTINUING DISCLOSURE ........................................................................................ 53
MISCELLANEOUS .......................................................................................................... 53
CERTIFICATE CONCERNING THE OFFICIAL STATEMENT .................................. 54
EXECUTION .................................................................................................................... 55
APPENDIX A GENERAL INFORMATION RELATING TO THE CITY OF
CLEARWATER, FLORIDA
APPENDIX B AUDITED FINANCIAL STATEMENTS FOR THE YEAR
ENDED SEPTEMBER 30, 2021
APPENDIX C COPIES OF BOND ORDINANCE AND RESOLUTION
APPENDIX D FORM OF BOND COUNSEL OPINION
APPENDIX E FORM OF CONTINUING DISCLOSURE AGREEMENT
3
OFFICIAL STATEMENT
$30,000,000*
CITY OF CLEARWATER, FLORIDA
NON-AD VALOREM REVENUE BONDS, SERIES 2022
(IMAGINE CLEARWATER IMPROVEMENTS)
INTRODUCTION
The purpose of this Official Statement, including the cover page, and all
appendices, is to set forth certain information in connection with the sale by the City of
Clearwater, Florida (the "City") of its $30,000,000* aggregate principal amount of Non-
Ad Valorem Revenue Bonds, Series 2022 (Imagine Clearwater Improvements) (the
"Series 2022 Bonds").
The Series 2022 Bonds are being issued pursuant to (a) the charter of the City, (b)
the Constitution and the laws of the State of Florida, particularly Chapter 166, Parts I and
II, Florida Statutes, and other applicable provisions of law, (c) Ordinance No. 9357-20
enacted by the City on February 6, 2020, and (d) Resolution No. 19-34 of the City,
adopted on November 21, 2019, as amended and supplemented by Resolution No. 22-__,
adopted [June 16], 2022 (collectively, the "Resolution").
Capitalized terms used but not defined herein have the same meaning as when
used in the Resolution unless the context clearly indicates otherwise. Complete
descriptions of the terms and conditions of the Series 2022 Bonds are set forth in the
Resolution. See "APPENDIX C – COPIES OF BOND ORDINANCE AND
RESOLUTION" attached hereto. The description of the Series 2022 Bonds, the
documents authorizing and securing the same, and the information from various reports
and statements contained herein are not intended to be comprehensive or definitive. All
references herein to such documents, reports and statements are qualified by the entire,
actual content of such documents, reports and statements. Copies of such documents,
reports and statements referred to herein that are not included in their entirety in this
Official Statement may be obtained from the City Clerk, One Clearwater Tower, 6th
Floor, 600 Cleveland Street, Clearwater, Florida 33756, telephone number (727) 562-
4093.
The assumptions, estimates, projections and matters of opinion contained in this
Official Statement, whether or not so expressly stated, are set forth as such and not as
matters of fact, and no representation is made that any of the assumptions or matters of
* Preliminary, subject to change.
4
opinion herein are valid or that any projections or estimates contained herein will be
realized. Neither this Official Statement nor any other statement which may have been
made verbally or in writing in connection with the Series 2022 Bonds, other than the
Resolution, is to be construed as a contract with the Holders of the Series 2022 Bonds.
PURPOSE OF THE SERIES 2022 BONDS
The Series 2022 Bonds are being issued to provide funds which will be sufficient
to (i) finance and/or reimburse a portion of the cost of acquisition, construction and
equipping of the Imagine Clearwater Project (as further described herein, the "Project"),
and (ii) pay related costs of issuance of the Series 2022 Bonds. See "THE PROJECT"
herein.
THE PROJECT
On February 21, 2017, the City Council accepted the plan for the redevelopment of
Coachman Park known as the Imagine Clearwater Project (the "Project"). Coachman
Park and the Project are located approximately one (1) mile west of the City's downtown
and approximately six (6) miles from U.S. Highway 19 North. The Project is designed to
connect the waterfront and the Downtown Clearwater community.
The Project is to occur in one phase to include an amphitheater/band shell with
substantial back of house facilities; a covering canopy for up to 4,000 seats; marina office
and public restroom facilities; various trails and walkways comprising extensive
hardscape infrastructure; a bluff walk extending from the Drew Street to the new civic
gateway on Cleveland Street; a small lake area with bridge; and parking, lighting, seating,
and other public amenity areas. The improvements planned for the southern portion of
the site are planned to include extensive active use areas including interactive fountains;
elevated play structures, slides, and picnic pavilions; an extensive hardscape trail and
pathway system; parking areas; and public restroom and related facilities.
Construction of the Project began in July 2021 and is expected to be completed by
July 2023. An aerial rendering of the Project is included below.
[Remainder of page intentionally left blank]
5
Overhead Rendering of Completed Project
ESTIMATED SOURCES AND USES OF FUNDS
The following table sets forth the estimated sources and uses of the proceeds to be
received from the sale of the Series 2022 Bonds:
SOURCES:
Principal Amount of Series 2022 Bonds $____________
[Net] Original Issue [Discount/Premium] ____________
TOTAL SOURCES $____________
USES:
Deposit to Construction Fund $____________
Cost of Issuance(1) ____________
TOTAL USES $____________
(1) Includes legal and financial advisory fees and expenses, rating fee, Underwriter's
discount and other costs associated with the issuance of the Series 2022 Bonds.
[Remainder of page intentionally left blank]
6
SCHEDULED DEBT SERVICE FOR THE SERIES 2022 BONDS
Bond Year
Ending
October 1
Series 2022 Bonds
Total Principal Interest
2023
2024
2025
2026
2027
2028
2029
2030
2031
2032
2033
2034
2035
2036
2037
2038
2039
2040
2041
2042
2043
2044
2045
2046
2047
2048
2049
2050
2051
2052
Total
7
THE SERIES 2022 BONDS
General
The Series 2022 Bonds are being issued in fully registered form in the
denomination of $5,000 or any integral multiple thereof. The Series 2022 Bonds are
dated their date of delivery and shall bear interest from that date as set forth on the inside
cover page of this Official Statement.
The Series 2022 Bonds will be in book-entry only form and registered, on the date
of issuance and delivery, in the name of Cede & Co., as registered owner and nominee for
The Depository Trust Company ("DTC"), which will act as securities depository for the
Series 2022 Bonds. U.S. Bank Trust Company, National Association will act as Registrar
and Paying Agent for the Series 2022 Bonds.
The principal of and premium, if any, on the Series 2022 Bonds are payable, while
in book-entry only form, in accordance with the provisions of DTC, when due, and the
interest on the Series 2022 Bonds will be initially payable on April 1, 2023, and on each
October 1 and April 1 thereafter until maturity or earlier redemption as more fully
described herein.
Registration, Transfer and Exchange
Subject to the provisions described below under "– Book-Entry Only System"
while the Series 2022 Bonds are held under a book entry system of registration, the City
shall cause books for the registration and transfer of the Series 2022 Bonds, as provided
in the Resolution, to be kept by the Registrar. Upon surrender for transfer of any Bond at
the designated office of the Registrar, accompanied by an assignment duly executed by
the registered Holder or his attorney-in-fact duly authorized in writing, the City shall
execute and the Registrar shall authenticate and deliver in the name of the transferee or
transferees a new Series 2022 Bond or Series 2022 Bonds for a like aggregate principal
amount.
Series 2022 Bonds of the same type may be exchanged at the designated office of
the Registrar for a like aggregate principal amount of Series 2022 Bonds of other
authorized denominations. The City shall execute and the Registrar shall authenticate and
deliver the Series 2022 Bonds which the Bondholder making the exchange is entitled to
receive, bearing numbers not contemporaneously outstanding.
The Registrar shall not be required to transfer or exchange any Series 2022 Bonds
during the 15 days next preceding an interest payment date on the Series 2022 Bonds, or
in the case of any proposed redemption of Series 2022 Bonds, for the Bonds subject to
redemption, during the 15 days next preceding the date of the first mailing of notice of
such redemption and continuing until such redemption date.
8
For every such exchange or transfer of Series 2022 Bonds, the City or Registrar
may make a charge sufficient to reimburse it for any tax, fee, expense or other
governmental charge required to be paid with respect to such exchange or transfer.
Redemption Provisions
The Series 2022 Bonds are subject to redemption prior to maturity as follows:
Optional Redemption. The Series 2022 Bonds maturing on or prior to
October 1, 202__ shall not be redeemable prior to their stated dates of maturity. The
Series 2022 Bonds maturing after October 1, 202__ shall be redeemable at the option of
the City from any legally available source, in whole or in part, in any order of maturity
selected by the City, and by lot within a maturity if less than an entire maturity is to be
redeemed, on October 1, 202__, or at any time thereafter, at a redemption price of not
greater than 100%, together with accrued interest to the date fixed for redemption.
Mandatory Redemption. The Series 2022 Bonds maturing on October 1, _____
are subject to mandatory sinking fund redemption, in part by lot, in such manner as the
Paying Agent may deem appropriate, prior to maturity on October 1 of each year, at a
Redemption Price equal to the principal amount of such Series 2022 Bonds to be
redeemed, without premium, plus accrued interest to the date of redemption, in the years
and in the amounts as follows:
Series 2022 Bonds maturing October 1, 20__
Year Principal Amount
*Final Maturity
Notice of Redemption. Notice of any redemption will be given by the Registrar on
behalf of the City by mailing a copy of an official redemption notice by registered or
certified mail at least thirty (30) days and not more than sixty (60) days prior to the date
fixed for redemption to each Holder of Series 2022 Bonds to be redeemed at the address
of such Holder shown on the registration books maintained by the Registrar or at such
other address as shall be furnished in writing by such Holder to the Registrar; provided,
however, that no defect in any notice given pursuant to this Section to any Holder of
Series 2022 Bonds to be redeemed nor failure to give such notice shall in any manner
defeat the effectiveness of a call for redemption as to all other Holders of Bonds to be
redeemed.
9
Notice of redemption shall set forth (i) the redemption date, (ii) the Redemption
Price, (iii) if less than all Outstanding Series 2022 Bonds are to be redeemed, the number
(and, in the case of a partial redemption of any Series 2022 Bond, the principal amount)
of each Series 2022 Bond to be redeemed, (iv) that, on the redemption date, the
Redemption Price will become due and payable upon each such Series 2022 Bond or
portion thereof called for redemption, and that interest thereon shall cease to accrue from
and after said date, and (v) that such Series 2022 Bonds to be redeemed, whether as a
whole or in part, are to be surrendered for payment of the Redemption Price at the
designated office of the Registrar.
The City may provide that a notice of redemption may be contingent upon the
occurrence of condition(s) and that if such condition(s) do not occur, the notice will be
rescinded; provided notice of such rescission shall be mailed in the manner described
herein to all Bondholders as soon as practicable after the Issuer has determined to rescind
the redemption.
Book-Entry Only System
The information provided immediately below concerning DTC and the Book-Entry
Only System has been obtained from DTC and is not guaranteed as to accuracy or
completeness by, and is not to be construed as a representation by, the Underwriter, the
City or the Registrar.
Unless the book-entry system described herein is terminated, DTC will act as
securities depository for the Series 2022 Bonds. The Series 2022 Bonds will be issued as
fully-registered securities registered in the name of Cede & Co. (DTC's partnership
nominee) or such other name as may be requested by an authorized representative of
DTC. One or more fully-registered bond certificates will be issued for the Series 2022
Bonds, and will be deposited with the Registrar on behalf of DTC. Individual purchases
of beneficial interests in the Series 2022 Bonds will be made in increments of $5,000 or
integral multiples thereof.
DTC and its Participants. DTC, the world's largest securities depository, is a
limited-purpose trust company organized under the New York Banking Law, a "banking
organization" within the meaning of the New York Banking Law, a member of the
Federal Reserve System, a "clearing corporation" within the meaning of the New York
Uniform Commercial Code, and a "clearing agency" registered pursuant to the provisions
of Section 17A of the Securities Exchange Act of 1934, as amended. DTC holds and
provides asset servicing for over 3.5 million U.S. and non-U.S. equity issues, corporate
and municipal debt issues, and money market instruments (from over 100 countries) that
DTC's participants ("Direct Participants") deposit with DTC. DTC also facilitates the
post-trade settlement among Direct Participants of sales and other securities transactions
in deposited securities, through electronic computerized book-entry transfers and pledges
between Direct Participants' accounts. This eliminates the need for physical movement of
10
securities certificates. Direct Participants include both U.S. and non-U.S. securities
brokers and dealers, banks, trust companies, clearing corporations, and certain other
organizations. DTC is a wholly-owned subsidiary of The Depository Trust & Clearing
Corporation ("DTCC"). DTCC is the holding company for DTC, National Securities
Clearing Corporation and Fixed Income Clearing Corporation, all of which are registered
clearing agencies. DTCC is owned by the users of its regulated subsidiaries. Access to
the DTC system is also available to others such as both U.S. and non-U.S. securities
brokers and dealers, banks, trust companies, and clearing corporations that clear through
or maintain a custodial relationship with a Direct Participant, either directly or indirectly
("Indirect Participants"). DTC has a Standard & Poor's Rating of AA+. The DTC Rules
applicable to its Direct and Indirect Participants are on file with the Securities and
Exchange Commission. More information about DTC can be found at www.dtcc.com.
The contents of such website do not constitute a part of this Official Statement.
Purchases. Purchases of the Series 2022 Bonds under the DTC system must be
made by or through Direct Participants, which will receive a credit for the Series 2022
Bonds on DTC's records. The ownership interest of each actual purchaser of each Series
2022 Bond ("Beneficial Owner") is in turn to be recorded on the Direct and Indirect
Participants' records. Beneficial Owners will not receive written confirmation from DTC
of their purchases. Beneficial Owners are, however, expected to receive written
confirmations providing details of the transactions, as well as periodic statements of their
holdings, from the Direct or Indirect Participants through which the Beneficial Owner
entered into the transaction. Transfers of ownership interests in the Series 2022 Bonds
are to be accomplished by entries made on the books of Direct and Indirect Participants
acting on behalf of Beneficial Owners. Beneficial Owners will not receive certificates
representing their ownership interests in the Series 2022 Bonds, except in the event that
use of the book-entry system for the Series 2022 Bonds is discontinued.
Transfers. To facilitate subsequent transfers, all Series 2022 Bonds deposited by
Direct Participants with DTC are registered in the name of DTC's partnership nominee,
Cede & Co., or such other name as may be requested by an authorized representative of
DTC. The deposit of the Series 2022 Bonds with DTC and their registration in the name
of Cede & Co. or such other DTC nominee do not effect any change in beneficial
ownership. DTC has no knowledge of the actual Beneficial Owners of the Series 2022
Bonds; DTC's records reflect only the identity of the Direct Participants to whose
accounts such Series 2022 Bonds are credited, which may or may not be the Beneficial
Owners. The Direct and Indirect Participants will remain responsible for keeping account
of their holdings on behalf of their customers.
Notices. Conveyance of notices and other communications by DTC to Direct
Participants, by Direct Participants to Indirect Participants, and by Direct Participants and
Indirect Participants to Beneficial Owners will be governed by arrangements among
them, subject to any statutory or regulatory requirements as may be in effect from time to
time. Beneficial Owners of the Series 2022 Bonds may wish to take certain steps to
11
augment the transmission to them of notices of significant events with respect to the
Series 2022 Bonds, such as redemptions, tenders, defaults, and proposed amendments to
the Series 2022 Bond documents. For example, Beneficial Owners of Series 2022 Bonds
may wish to ascertain that the nominee holding the Series 2022 Bonds for their benefit
has agreed to obtain and transmit notices to Beneficial Owners. In the alternative,
Beneficial Owners may wish to provide their names and addresses to the Registrar and
request that copies of notices be provided directly to them.
Redemption notices shall be sent to DTC. If less than all of the Series 2022 Bonds
within an issue are being redeemed, DTC's practice is to determine by lot the amount of
the interest of each Direct Participant in such issue to be redeemed.
Neither DTC nor Cede & Co. (nor any other DTC nominee) will consent or vote
with respect to the Series 2022 Bonds unless authorized by a Direct Participant in
accordance with DTC's procedures. Under its usual procedures, DTC mails an Omnibus
Proxy to the issuer as soon as possible after the record date. The Omnibus Proxy assigns
Cede & Co.'s consenting or voting rights to those Direct Participants to whose accounts
the Series 2022 Bonds are credited on the record date (identified in a listing attached to
the Omnibus Proxy).
NEITHER THE CITY NOR THE REGISTRAR WILL HAVE ANY
RESPONSIBILITY OR OBLIGATION TO SUCH PARTICIPANTS OR THE
PERSONS FOR WHOM THEY ACT AS NOMINEES WITH RESPECT TO THE
PAYMENTS TO OR THE PROVIDING OF NOTICE FOR THE DTC
PARTICIPANTS, THE INDIRECT PARTICIPANTS OR THE BENEFICIAL
OWNERS OF THE SERIES 2022 BONDS. THE CITY CANNOT PROVIDE ANY
ASSURANCE THAT DTC, DIRECT PARTICIPANTS OR OTHERS WILL
DISTRIBUTE PAYMENTS OF PRINCIPAL OF, PREMIUM, IF ANY, OR INTEREST
ON THE SERIES 2022 BONDS PAID TO DTC OR ITS NOMINEE, AS THE
REGISTERED OWNER, OR ANY NOTICES TO THE BENEFICIAL OWNERS, OR
THAT THEY WILL DO SO ON A TIMELY BASIS, OR THAT DTC WILL ACT IN
THE MANNER DESCRIBED IN THIS OFFICIAL STATEMENT.
Payments. Payments on the Series 2022 Bonds will be made to Cede & Co., or
such other nominee as may be requested by an authorized representative of DTC. DTC's
practice is to credit Direct Participants' accounts upon DTC's receipt of funds and
corresponding detail information from the Registrar on the relevant payable date in
accordance with their respective holdings shown on DTC's records. Payments by
Participants to Beneficial Owners will be governed by standing instructions and
customary practices, as is the case with securities held for the accounts of customers in
bearer form or registered in "street name," and will be the responsibility of such
Participant and not of DTC, the Registrar, or the City, subject to any statutory or
regulatory requirements as may be in effect from time to time. Payment to Cede & Co.
(or such other nominee as may be requested by an authorized representative of DTC) is
12
the responsibility of the Registrar, disbursement of such payments to Direct Participants
will be the responsibility of DTC, and disbursement of such payments to the Beneficial
Owners will be the responsibility of Direct and Indirect Participants.
Discontinuance of Book-Entry Only System. DTC may discontinue providing its
services as depository with respect to the Series 2022 Bonds at any time by giving
reasonable notice to the City or the Registrar. Under such circumstances, in the event that
a successor depository is not obtained, certificated Series 2022 Bonds are required to be
printed and delivered to the holders of record.
The City may decide to discontinue use of the system of book-entry only transfers
through DTC (or a successor securities depository) with respect to the Series 2022 Bonds.
Under current industry practices, however, DTC would notify its Direct or Indirect
Participants of the City's decision but will only withdraw beneficial interests from a
Series 2022 Bond at the request of any Direct or Indirect Participant. In that event,
certificates for the Series 2022 Bonds will be printed and delivered.
No Assurance Regarding DTC Practices. The foregoing information in this
section concerning DTC and DTC's book-entry system has been obtained from sources
that the City believes to be reliable, but the City and the Registrar take no responsibility
for the accuracy thereof.
So long as Cede & Co. is the registered owner of the Series 2022 Bonds as
nominee of DTC, references herein to the holders or registered owners of the Series 2022
Bonds will mean Cede & Co. and will not mean the Beneficial Owners of the Series 2022
Bonds.
Neither the City nor the Registrar will have any responsibility or obligation to the
Participants, DTC or the persons for whom they act with respect to (i) the accuracy of any
records maintained by DTC or by any Direct or Indirect Participant of DTC, (ii) payments
or the providing of notice to the Direct Participants, the Indirect Participants or the
Beneficial Owners, (iii) the selection by DTC or by any Direct or Indirect Participant of
any Beneficial Owner to receive payment in the event of a partial redemption of the
Series 2022 Bonds or (iv) any other action taken by DTC or its partnership nominee as
owner of the Series 2022 Bonds.
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13
SECURITY FOR THE SERIES 2022 BONDS
General
The principal of, premium, if any, and interest on the Series 2022 Bonds will be
payable from and will be secured solely by Pledged Funds. Pledged Funds consist of (1)
Non-Ad Valorem Revenues budgeted and appropriated by the City in accordance with the
Resolution and deposited into the Debt Service Fund, and (2) until applied in accordance
with the provisions of the Resolution, all moneys, including the investments thereof, in
the funds and accounts established hereunder in the manner and to the extent described in
the Resolution. The City has covenanted and has agreed in the Resolution to appropriate
in its annual budget for each Fiscal Year sufficient amount of Non-Ad Valorem Revenues
for the payment of principal of and interest on the Series 2022 Bonds in each Fiscal Year,
and to make certain other payments required by the Resolution, subject to the limitations
described in the Resolution.
"Non-Ad Valorem Revenues" means all Governmental Funds Revenues, other than
revenues generated from ad valorem taxation on real or personal property, which are
legally available to make the payments required under the Resolution. "Governmental
Funds Revenues" means total revenues of the City derived from any source whatsoever
and that are allocated and accounted for in the "governmental funds" as shown in the
annual audited financial statements of the City for the applicable Fiscal Year.
As further described herein, not all revenues of the City that are derived from
sources other than ad valorem revenues are legally available to make the payments
required under the Resolution.
Limited Obligations
THE PRINCIPAL OF, PREMIUM, IF ANY, AND INTEREST ON THE SERIES
2022 BONDS WILL NOT BE OR CONSTITUTE A GENERAL INDEBTEDNESS OF
THE CITY WITHIN THE MEANING OF ANY CONSTITUTIONAL OR
STATUTORY PROVISION OR LIMITATION, AND THE CITY IS NOT
OBLIGATED TO LEVY ANY AD VALOREM TAXES FOR THE PAYMENT
THEREOF. NEITHER THE FULL FAITH AND CREDIT NOR THE AD VALOREM
TAXING POWER OF THE CITY, THE STATE OF FLORIDA (THE "STATE") OR
ANY POLITICAL SUBDIVISION OR AGENCY THEREOF IS PLEDGED TO SUCH
PAYMENT, AND NO HOLDER OF ANY SERIES 2022 BOND SHALL EVER HAVE
THE RIGHT TO COMPEL THE EXERCISE OF THE AD VALOREM TAXING
POWER OF THE CITY OR TAXATION IN ANY FORM ON ANY REAL OR
PERSONAL PROPERTY TO PAY THE PRINCIPAL OF, PREMIUM, IF ANY, AND
INTEREST ON SUCH SERIES 2022 BOND, OR BE ENTITLED TO PAYMENT
THEREOF FROM ANY MONEYS OF THE CITY EXCEPT FROM THE NON-AD
VALOREM REVENUES IN THE MANNER AND TO THE EXTENT PROVIDED IN
14
THE RESOLUTION. THE PRINCIPAL OF, PREMIUM, IF ANY, AND INTEREST
ON THE SERIES 2022 BONDS DO NOT CONSTITUTE A LIEN UPON ANY
PROPERTY OF OR IN THE CITY.
Construction Fund
In the Resolution, the City covenants and agrees to establish a separate fund to be
known as the "City of Clearwater Non-Ad Valorem Revenue Bonds, Series 2022
(Imagine Clearwater Improvements) Construction Fund" (the "Construction Fund"),
which shall be used only for payment of a portion of the Costs of the Project.
Moneys in the Construction Fund which derive from proceeds of the Series 2022
Bonds, until applied in payment of any item of the Costs of a Project in accordance
with the provisions of the Resolution, shall be held in trust by the City and shall be
subject to a lien and charge in favor of the Holders of the Series 2022 Bonds and for
the further security of such Holders as Pledged Funds.
No Reserve Fund
The Series 2022 Bonds are not secured by a reserve fund.
Non-Ad Valorem Revenues
The Covenant to Budget and Appropriate. In the Resolution, the City covenants
and agrees to appropriate (such covenant being referred to as the "Covenant to Budget
and Appropriate") in its annual budget, by amendment, if necessary, for each Fiscal Year
in which the Series 2022 Bonds remain Outstanding, sufficient amounts of Non-Ad
Valorem Revenues into the Debt Service Fund for the payment of principal of and
interest on the Series 2022 Bonds and to make certain other payments required under the
Resolution in each such Fiscal Year. Such covenant and agreement on the part of the
City shall be cumulative and shall continue until all payments of principal of and interest
on the Series 2022 Bonds shall have been budgeted, appropriated, deposited and actually
paid. The City further agrees that the Covenant to Budget and Appropriate shall be
deemed to be entered into for the benefit of the Holders of the Series 2022 Bonds and that
such obligation may be enforced in a court of competent jurisdiction in accordance with
the remedies set forth in the Resolution. No lien upon or pledge of such budgeted Non-
Ad Valorem Revenues shall be in effect until such monies are budgeted, appropriated and
deposited as provided in the Resolution. Notwithstanding the foregoing or any provision
of the Resolution to the contrary, the City does not covenant to maintain or continue any
activities, services or programs, now maintained or provided by the City, including those
programs and services which generate user fees, regulatory fees or other Non-Ad
Valorem Revenues. The Covenant to Budget and Appropriate shall not be construed as a
limitation on the ability of the City to pledge all or a portion of such Non-Ad Valorem
Revenues or to covenant to budget and appropriate Non-Ad Valorem Revenues for other
legally permissible purposes. Nothing in the Resolution shall be deemed to pledge ad
15
valorem tax revenues or to permit or constitute a mortgage or lien upon any assets owned
by the City and no Holder of Series 2022 Bonds or other person may compel the levy of
ad valorem taxes on real or personal property within the boundaries of the City for the
payment of the City's obligations hereunder or to maintain any activities, services or
programs now maintained or provided by the City, including those programs and services
which generate user fees, regulatory fees or other Non-Ad Valorem Revenues.
However, the Covenant to Budget and Appropriate in its annual budget for the
purposes and in the manner stated in the Resolution shall have the effect of making
available for the payment of the Series 2022 Bonds the Non-Ad Valorem Revenues of the
City in the manner provided in the Resolution and placing on the City a positive duty to
appropriate and budget, by amendment, if necessary, and deposit amounts sufficient to
meet its obligations under the Resolution; subject, however, in all respects to the
restrictions of Section 166.241, Florida Statutes, which make it unlawful for any
municipality to expend moneys not appropriated and in excess of such municipality's
current budgeted revenues. The obligation of the City to make such payments from its
Non-Ad Valorem Revenues is subject in all respects to the payment of obligations
secured by a pledge of such Non-Ad Valorem Revenues heretofore or hereafter entered
into (including the payment of debt service on bonds and other debt instruments) and
funding requirements for essential public purposes affecting health, welfare and safety of
the inhabitants of the City; however, such obligation is cumulative and would carry over
from Fiscal Year to Fiscal Year. The City has previously and may hereafter provide a
covenant to budget and appropriate Non-Ad Valorem Revenues as a source of security,
and/or pledge one or more of such Non-Ad Valorem Revenues to provide for the payment
of obligations (including debt obligations) incurred by the City. No priority of payment
among such obligations is established when a covenant to budget and appropriate Non-
Ad Valorem Revenues is used as a source of security for the payment thereof.
Such covenant to budget and appropriate does not create any lien upon or pledge
of such Non-Ad Valorem Revenues until such funds are deposited in the Debt Service
Fund established pursuant to the Resolution, nor does it preclude the City from pledging
in the future or covenanting to budget and appropriate in the future its Non-Ad Valorem
Revenues, nor does it require the City to levy and collect any particular Non- Ad Valorem
Revenues, nor does it give the Holders of the Bonds a prior claim on the Non-Ad
Valorem Revenues as opposed to claims of general creditors of the City. The payment of
the debt service of all of the Series 2022 Bonds issued hereunder shall be secured
forthwith equally and ratably by a pledge of and a lien upon the Pledged Funds, as now or
hereafter constituted. The City irrevocably pledges, in the Resolution, such Pledged
Funds to the payment of the principal of and interest on the Series 2022 Bonds issued
pursuant to the Resolution in the manner and to the extent described herein, and the City
irrevocably agrees in the Resolution to the deposit of Non-Ad Valorem Revenues into the
Debt Service Fund at the times provided of the sums required to secure to the Holders of
the Series 2022 Bonds issued hereunder, and the payment of the principal of and interest
16
thereon when due. The Pledged Funds shall immediately be subject to the lien of such
pledge without any physical delivery thereof or further act, and the lien of such pledge
shall be valid and binding as against all parties having claims of any kind in tort, contract
or otherwise against the City.
In the State, the revenues received by State cities may be classified based upon
whether such revenues are derived from ad valorem taxation. Ad valorem taxes are taxes
levied by local governments upon taxable real and tangible personal property located
within the geographic jurisdiction of the government. Ad valorem taxes are levied based
upon the assessed value of taxable property, and are imposed at a uniform rate per
thousand dollars of assessed value. This rate is referred to as the "millage rate," with one
mill representing one dollar of ad valorem taxes per thousand dollars of assessed
valuation. Exclusive of millage levied pursuant to the approval of the qualified electors
of a municipality, State cities generally may not levy ad valorem taxes at a rate in excess
of ten mills annually. The ad valorem revenues of the City are not pledged as
security for the payment of the Series 2022 Bonds.
Revenues received by a city other than from ad valorem taxation are referred to as
"non-ad valorem revenues." State cities collect non-ad valorem revenues from a variety
of sources. The Non-Ad Valorem Revenues of the City include several major categories
described below. Certain non-ad valorem revenues are not lawfully available to be used
by cities to pay debt service on various obligations.
Brief descriptions of certain of such legally available non-ad valorem revenue
sources are set forth below with subheading and sections corresponding to the Table of
Historical Non-Ad Valorem Revenues under the heading "OTHER FINANCIAL
INFORMATION – Historical Non-Ad Valorem Revenues" herein. These sources do not
purport to constitute all of the Non-Ad Valorem Revenues, but are included to provide
additional information regarding some Non-Ad Valorem Revenue sources. See also
"INVESTMENT CONSIDERATIONS – COVID-19" herein for discussion of the
financial impacts of the novel strain of the coronavirus ("COVID-19") upon Non-Ad
Valorem Revenue sources.
Taxes.
Utility Tax. The utility tax (also commonly referred to as the public service tax), is
levied and collected pursuant to Section 166.231, Florida Statutes, and Section 29.72 of
the City's Code of Ordinances, as amended (the "City Code"). The tax is levied, with
certain exceptions, on each and every purchase of electricity, metered or bottled gas
(natural, liquefied petroleum gas or manufactured) and water service, within the corporate
limits of the City, in the amount of 10% of each payment received by the seller of the
item taxed from the purchaser for the purchase of such service, which tax is required to be
paid by the purchaser to the seller for the use of the City at the time of payment for such
service. An additional tax is further levied by the City on every purchase in the City of
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fuel oil at the rate of $0.04 per gallon. This tax is paid by the purchaser of fuel oil to the
seller of fuel oil, at the time of payment for such service. The term "fuel oil" includes
fuel oil grade nos. 1, 2, 3, 4, 5, and 6, kerosene and coal oil.
State law provides that a municipality may exempt from the utilities tax the first
500 kilowatts of electricity per month purchased for residential use, metered or bottled
gas or fuel oil for agricultural purposes, purchases of electricity, natural gas, liquefied
petroleum gas or manufactured gas by industrial customers for use in industrial
manufacturing or processing facilities in the municipality and electrical energy used in a
facility located in a designated enterprise zone. The City has exempted the United States
of America, the State, and the political subdivisions and agencies thereof from the
payment of the tax. Such tax does not apply to the sales of bottled water. In addition, the
City has excluded from the taxes levied and imposed by Section 29.72 of the City Code:
(a) purchases of "special fuels" as defined in Section 206.86, Florida Statutes; (b) the
purchase of not more than five (5) gallons of fuel oil delivered at the seller's place of
business into the purchaser's container of not more than five gallon capacity; (c) the
purchase of fuel oil or kerosene for use as an aircraft engine fuel or propellant or for use
in internal combustion engines; (d) the purchase of natural gas or fuel oil by a public or
private utility, including municipal corporation and rural electric cooperative associations,
either for resale or for use as fuel in the generation of electricity and (e) all purchases by
any recognized church in the State for use exclusively for church purposes.
The utility tax is not applied against any fuel adjustment charge. The term "fuel
adjustment charge" means all increases in the cost of utility services to the ultimate
consumer resulting from an increase in the cost of fuel to the utility subsequent to
October 1, 1973.
Taxes on most utility services are separately itemized on the bill rendered to
customers, but separate disclosure is not required. A failure by a consumer to pay that
portion of the bill attributable to the utility tax may result in a suspension of the service
involved in the same fashion as the failure to pay that portion of the bill attributable to the
particular utility service.
The amount of utility tax received by the City may fluctuate as the price of
electricity and other services subject to the utility tax fluctuates, and a sustained increase
in the price thereof may have an adverse effect on the amount of utility tax collected.
The utility tax revenues received by the City are deposited into the City's General
Fund and may be used for any public purpose.
Communications Services Tax. The Communications Services Tax Simplification
Act, enacted by Chapter 2000-260, Laws of Florida, as amended by Chapter 2001-140,
Laws of Florida, and now codified in part as Chapter 202, Florida Statutes (the "CSTA"),
established, effective October 1, 2001, a local communications services tax on the sale of
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communications services as defined in Section 202.11, Florida Statutes, and as of the
same date repealed Section 166.231(9), Florida Statutes, which previously granted
municipalities the authority to levy a utility tax on the purchase of telecommunications
services. Following the CSTA's enactment, the City increased its local communications
services tax rate. Pursuant to Resolution No. 01-22 of the City, enacted on June 21, 2001,
the City elected to increase its local communications services tax by 0.12% to take effect
on October 1, 2001. Simultaneously, the City elected not to require and collect permit
fees from any provider of communications services that uses municipal roads or rights-of-
way for provision of communications services. As a result, the City imposed the local
communications services tax at a rate of 5.52% for the Fiscal Year beginning October 1,
2001 and at a rate of 5.12% as of the Fiscal Year beginning October 1, 2002. The City
currently continues to impose the local communications services tax at a rate of 5.12%.
The proceeds of the local communications services tax, less Florida Department of
Revenue's ("FDOR") cost of administration, which may not exceed 1% of the total tax
generated, are deposited in the Local Communications Services Tax Clearing Trust Fund
(the "CST Trust Fund") and distributed monthly to the appropriate jurisdiction. The
revenues that are received by the City from such communications services tax which
derive from the CST Trust Fund created with the FDOR pursuant to Section 202.193,
Florida Statutes, may be pledged for the repayment of current or future bonded
indebtedness.
One effect of the CSTA was to replace the former utilities tax on
telecommunications, including pre-paid calling arrangements, as well as any revenues
from franchise fees on cable and telecommunications service providers of certain
telecommunications services, with the local communications services tax. This change in
law was intended to be revenue neutral to counties and municipalities. The
communications services tax applied to a broader base of communications services than
the former utilities tax on telecommunications.
The local communications services tax applies to the purchase of "communications
services" which originated or terminated within the City, with certain exemptions
described below. "Communication services" under the CSTA are defined as the
transmission, conveyance, or routing of voice, data, audio, video, or any other
information or signals, including cable services, to a point, or between or among points,
by or through any electronic, radio, satellite, cable, optical, microwave, or other medium
or method now in existence or hereafter devised, regardless of the protocol used for such
transmission or conveyance. The term does not include:
(a) Information services.
(b) Installation or maintenance of wiring or equipment on a customer's
premises.
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(c) The sale or rental of tangible personal property.
(d) The sale of advertising, including, but not limited to, directory
advertising.
(e) Bad check charges.
(f) Late payment charges.
(g) Billing and collection services.
(h) Internet access service, electronic mail service, electronic bulletin
service, or similar on-line services.
While such services have historically been taxed, if the charges for such services
are not stated separately from the charges for communications services on a customer's
bill, providers now have the ability to exclude such services from the tax if they can be
reasonably identified from the selling dealer's books and records kept in the regular
course of business. The dealer may support the allocation of charges with books and
records kept in the regular course of business covering the dealer's entire service area,
including territories outside of the State.
The sale of communications services to (i) the federal government, or any
instrumentality or agency thereof, or any entity that is exempt from state taxes under
federal law, (ii) the State or any county, municipality or political subdivision of the State
when payment is made directly to the dealer by the governmental entity, and (iii) any
home for the aged or educational institution (which includes state tax-supported and
nonprofit private schools, colleges and universities and nonprofit libraries, art galleries
and museums, among others) or religious institutions (which include, but are not limited
to, organizations having an established physical place for worship at which nonprofit
religious services and activities are regularly conducted) that is exempt from federal
income tax under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended
(the "Code"), are exempt from the local communications services tax.
The CSTA provides that, to the extent that a provider of communications services
is required to pay to a local taxing jurisdiction a tax, charge, or other fee under any
franchise agreement or ordinance with respect to the services or revenues that are also
subject to the local communications services tax, such provider is entitled to a credit
against the amount of such local communications services tax payable to the State in the
amount of such tax, charge, or fee with respect to such service or revenues. The amount
of such credit is deducted from the amount that such local taxing jurisdiction is entitled to
receive under Section 202.18(3), Florida Statutes. However, the City does not impose
any such fees or charges on communications services providers.
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The amount of local communications services tax revenues received by the City is
subject to increase or decrease due to (i) increases or decreases in the dollar volume of
taxable sales within the City, (ii) legislative changes, and/or (iii) technological advances
which could affect consumer preferences. The amount of the local communications
services tax revenues collected within the City may be adversely affected by de-
annexation. Such de-annexation would decrease the number of addresses contained
within the City. At this time there are no de-annexations anticipated within the City.
The local communications services tax revenues received by the City are deposited
into the City's General Fund and may be used for any public purpose.
Local Business Tax. The "Business Tax" (formerly called the "Occupational
License Tax") includes the business taxes levied and collected by the City pursuant to
Chapter 205, Florida Statutes, and Chapter 29, Article II of the City Code. Section
205.042, Florida Statutes, authorizes the City to levy "a business tax for the privilege of
engaging in or managing any business, profession, or occupation within its jurisdiction."
The Business Tax may be levied on:
(1) Any person who maintains a permanent business location or branch
office within the municipality, for the privilege of engaging in or managing any
business within its jurisdiction.
(2) Any person who maintains a permanent business location or branch
office within the municipality, for the privilege of engaging in or managing any
profession or occupation within its jurisdiction.
(3) Any person who does not qualify under subsection (1) or subsection
(2) and who transacts any business or engages in any occupation or profession in
interstate commerce, if the Business Tax is not prohibited by the United States
Constitution.
All Business Tax receipts are issued for payment by the City beginning July 1 of
each year and such taxes are due and payable on or before September 30 of each year.
Each Business Tax receipt expires on September 30 of the succeeding year. Business Tax
receipts that are not renewed when due and payable are delinquent and subject to a
delinquency penalty of 10 percent for the month of October, plus an additional 5 percent
penalty for each subsequent month of delinquency until paid. However, the total
delinquency penalty may not exceed 25 percent of the Business Tax for the delinquent
establishment. In addition to the delinquency penalty, an administrative fee in the amount
of two times the annual business tax fee, with a maximum of $250 will be imposed on
any business with delinquent Business Tax Receipts.
Any person who engages in or manages any business, occupation, or profession
without first paying the required Business Tax, is subject to a penalty of 25 percent of the
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tax due, in addition to any other penalty provided by law or ordinance. Any person who
engages in any business, occupation, or profession covered by Chapter 205, Florida
Statutes, who does not obtain the required Business Tax receipt, is subject to civil actions
and penalties, including court costs, reasonable attorneys' fees, additional administrative
costs incurred as a result of collection efforts, and a penalty of up to $250.
[In past sessions of the Florida Legislature, legislation has been introduced that, had
it been enacted, could have reduced the amount of Business Taxes to be collected by the
City. No assurance can be given that similar legislation will not be re-introduced in the
future. As certain indebtedness of the City is secured by City's Business Taxes, if the
Florida Legislature did attempt to take such action, the City would challenge such an
action on the grounds of "impairment of contract" under the Florida Constitution.]
Local Option Gas Tax. Pursuant to Section 336.025, Florida Statutes, each county
may impose a tax of one to six cents per gallon on motor and diesel fuel sold within the
county's jurisdiction (the "Local Option Gas Tax"). Pursuant to Ordinance Nos. 85-14,
87-46, 93-64, 05-96 and 15-48, enacted on June 18, 1985, June 30, 1987, June 8, 1993,
December 20, 2005 and December 15, 2015, respectively, the County has imposed the
Local Option Gas Tax in the County. The County collects an additional six cents per
gallon gas tax which is remitted to the State and then forwarded back to the County for
distribution to local governments. Funds are utilized only for transportation expenditures
authorized by Florida Statutes. This includes: public transportation operations and
maintenance; roadway and right-of-way maintenance and equipment; structures used
primarily for the storage and maintenance; roadway and right-of-way maintenance and
equipment; structures used primarily for the storage and maintenance of equipment; street
lighting, traffic signs, engineering signalization, and pavement markings; and bridge
maintenance and operations. Therefore, funds derived from the Local Option Gas
Tax may not be used to pay debt service on the Series 2022 Bonds.
Intergovernmental Revenues.
Infrastructure Sales Surtax. Pursuant to Chapter 212, Florida Statutes, counties
are authorized to levy a local discretionary sales surtax (also commonly known as the
infrastructure sales surtax) of an additional one-half percent (1/2%) or one percent (1%)
pursuant to an ordinance enacted by a majority of the members of the board of county
commissioners and approved by referendum. Chapter 212, Florida Statutes, provides that
the levy on such surtax may be extended upon approval of a majority of the electors of
the County voting in a referendum on the discretionary sales surtax.
The infrastructure sales surtax revenues are amounts paid to the City pursuant to
the one percent (1%) sales surtax imposed by Pinellas County (the "County") on residents
within the County ("Sales Surtax Revenues") and approved at a referendum held in
November 2017. The Sales Surtax Revenues are to be distributed among the
municipalities within the County pursuant to the Interlocal Agreement, as described
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below. Unless extended pursuant to another referendum, said sales surtax expires
December 31, 2029. The City's Sales Surtax Revenues are restricted legally or by City
Council policy for specific capital improvement projects, and thus may only be used with
respect to certain capital projects. Pursuant to Ordinance No. 6137-97, adopted by the
City Council on March 6, 1997, as amended and supplemented, a special public hearing is
required on capital projects funded with Sales Surtax Revenues, or at any time there is a
proposed change of $500,000 or more to a capital project funded with Sales Surtax
Revenues. Thus, a special public hearing would be required for the City's Sales Surtax
Revenues to be available to pay debt service on the Series 2022 Bonds.
Generally, the proceeds of the infrastructure sales surtax may only be expended to
finance, plan and construct "infrastructure," which is defined as including fixed capital
expenditures or fixed capital costs associated with the construction, reconstruction or
improvement of public facilities which have a life expectancy of five or more years and
any land acquisition, land improvement, design and engineering costs related thereto.
Pursuant to Section 212.055(2)(e), Florida Statutes, as amended, counties receiving
discretionary sales surtax proceeds may pledge such proceeds for the purpose of servicing
new bond indebtedness incurred pursuant to law.
Section 212.055(2)(d), Florida Statutes, expressly states that neither the proceeds
from the infrastructure sales surtax nor the interest accrued thereon shall be used for
operational expenses of any infrastructure. Further restrictions prohibit counties from
using the infrastructure sales surtax to replace or supplant user fees or to reduce ad
valorem taxes. The surtax applies to all transactions in the County that are subject to
State sales tax imposed on sales, use, rentals, admissions, and other transactions under
Chapter 212, Florida Statutes, and on communication services. The surtax does not apply
to the sales amount of tangible personal property greater than $5,000 or to long distance
telephone service.
The FDOR has the responsibility to administer, collect, and enforce the
discretionary sales surtax. Pursuant to Section 212.054(4)(b), Florida Statutes, the
proceeds of the County's discretionary sales surtax collections are transferred to the
Discretionary Sales Surtax Clearing Trust Fund. A separate account in the trust fund is
established for each county imposing such a surtax. FDOR is authorized to deduct up to
3% of the total revenue generated for all counties levying a surtax for administrative
costs. The amount deducted for administrative costs is required to be used only for those
costs solely and directly attributable to the surtax. The total administrative costs are
prorated among those counties levying the surtax on the basis of the amount collected for
a particular county to the total amount collected for all counties. Historically the FDOR
has deducted less than 1.0% for administrative costs.
Pursuant to Section 212.15, Florida Statutes, vendors are required to remit sales
tax receipts (including proceeds of any discretionary sales surtax) by the twentieth (20th)
day of the month immediately following the month of collection. No statute prescribes a
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deadline for remitting surtax proceeds from FDOR to the local governing bodies.
However, according to the accounting division of FDOR, FDOR consistently remits the
surtax proceeds to such local governing bodies by the end of the month immediately
following receipt by FDOR.
Pursuant to Chapter 212, Part I, Florida Statutes, the Sales Surtax Revenues are to
be distributed by FDOR among the County and all of the municipalities within the
County (collectively, the "Municipalities"), either (i) in accordance with the formula
provided under Section 218.62, Florida Statutes, or (ii) pursuant to an interlocal
agreement between the County and the governing bodies of the municipalities
representing a majority of the population of the County.
On June 17, 2017, the County and the Municipalities entered into an interlocal
agreement which governs the distribution of Sales Surtax Revenues within the County,
pursuant to Section 212.055(2)(c)1, Florida Statutes (the "Interlocal Agreement"). Until
the expiration of the Interlocal Agreement on December 31, 2029, the Sales Surtax
Revenues are collected and distributed as follows:
(i) 11.3% shall be used to fund Countywide Investments (as defined in
the Interlocal Agreement); and
(ii) the remainder of Sales Surtax Tax Revenues shall be distributed in
various percentages to the Municipalities (as set forth in the Interlocal Agreement),
with the City receiving 7.9957% of Sales Surtax Tax Revenues.
The total amount of Sales Surtax Revenues collected within the County and
distributed to the City is subject to increase or decrease due to increases or decreases in
the dollar volume of taxable sales within the County, which, in turn, is subject to among
other things, (i) legislative changes which may include or exclude from taxation sales of
particular goods or services, and (ii) changes in the dollar volume of purchases in the
County, which is affected by changes in population and economic conditions. The
potential for increased use of electronic commerce and other internet-related sales activity
could have a material adverse impact upon the amount of Sales Surtax Revenues
collected by the County and distributed to the City.
The Sales Surtax Revenues received by the City are deposited into the City's
Special Development Fund (a Governmental Fund of the City) used to account for
revenues which are restricted legally or by City Council policy to be used for specific
capital improvement projects. As such, a special public hearing would be required for the
City's Sales Surtax Revenues to be available to pay debt service on the Series 2022
Bonds.
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The infrastructure sales surtax, unless renewed, expires prior to the final maturity
of the Series 2022 Bonds. There can be no assurance that the extension of the
infrastructure sales tax will be enacted and approved at referendum.
Local Government Half-Cent Sales Tax. Pursuant to Chapter 212, Florida
Statutes, as amended, the State is currently authorized to levy and collect a tax on sales,
use and other transactions, including a sales tax of six percent (6%) on, among other
things, the sales price of each item or article of tangible personal property sold at retail in
the State, subject to certain exceptions and dealer allowances as set forth in Chapter 212,
Florida Statutes.
The Local Government Half-Cent Sales Tax (the "Sales Tax") is remitted to the
City pursuant to Chapter 218, Part VI, Florida Statutes, as amended (the "Half-Cent Sales
Tax Act").
The Sales Tax is collected on behalf of the State by businesses at the time of sale
at retail, use, consumption, or storage for use or consumption, of taxable property and
remitted to the State on a monthly basis. State law provides for penalties and fines,
including criminal prosecution, for non-compliance with the provisions thereof.
All funds received and collected by the State are required to be deposited in the
General Revenue Fund of the State and then distributed to various funds as enumerated
by law. After various enumerated distributions, a portion of the amount remitted by a
Sales Tax dealer within a participating county is required to be transferred into the Local
Government Half-Cent Sales Tax Clearing Trust Fund (the "Trust Fund") and earmarked
for distribution to the governing body of that participating county and of each
participating municipality within that county pursuant to formulas set forth in the Half-
Cent Sales Tax Act. The Sales Tax does not include any Sales Tax revenues which may
be distributed to the County or the City as Sales Surtax Revenues or any discretionary
communications services tax imposed by the County on communications services
pursuant to Section 202.19, Florida Statutes.
As of October 1, 2001, the Trust Fund began receiving a portion of certain taxes
imposed by the State on the sales of communication services (the "CST Revenues")
pursuant to the CSTA, described above under "– Communications Services Tax".
Accordingly, moneys distributed from the Trust Fund now consist of funds derived from
both Sales Tax Proceeds and CST Revenues required to be deposited into the Trust Fund.
The amount of CST Revenues deposited into the Trust Fund is subject to change based on
changes to the CSTA.
The Sales Tax collected within a county and distributed to local government units
is distributed among the county and the municipalities therein in accordance with the
formula below.
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County Share
(percentage of total Half-Cent = unincorporated + 2/3 incorporated
Sales Tax receipts) area population area population
total county
population
+ 2/3 incorporated
area population
Municipality Share
(percentage of total Half-Cent = municipality population
Sales Tax receipts)
total count
population y
+ 2/3 incorporated
area population
For purposes of the foregoing formula, "population" is based upon the latest
official State estimate of population certified prior to the beginning of the local
government fiscal year.
The Sales Tax is distributed from the Trust Fund on a monthly basis to
participating units of local government. The Half-Cent Sales Tax Act permits the City to
pledge its share of the Sales Tax for the payment of principal of and interest on any
capital project.
To be eligible to participate in the Sales Tax, the counties and municipalities must
comply with certain requirements set forth in the Half-Cent Sales Tax Act. These
requirements include those concerning the reporting and auditing of its finances, the
levying of ad valorem taxes or receipt of other revenue sources, and certifying certain
requirements pertaining to the employment and compensation of law enforcement
officers, the employment of fire fighters, the auditing of certain dependent special
districts, and the method of fixing millage rates for the levying of ad valorem taxes. The
City has historically maintained its eligibility to receive payments pursuant to the Half-
Cent Sales Tax Act.
Although the Half-Cent Sales Tax Act does not impose any limitation upon the
number of years during which the City can receive distribution of the Sales Tax from the
Trust Fund, there may be future amendments to the Sales Tax Act. To be eligible to
participate in the Trust Fund in future years, the City must comply with certain eligibility
and reporting requirements of the Half-Cent Sales Tax Act; otherwise, the City will not
be entitled to any Trust Fund distributions for twelve (12) months following a
"determination of noncompliance" by the State Department of Revenue. [The City has
complied with all of the requirements set forth in the Half-Cent Sales Tax Act.]
The Florida Legislature passed HB 7061 and SB 50 during its 2021 session each of
which went into effect on July 1, 2021. Among other things, HB 7061 implemented new,
extended, and expanded sales tax exemptions including: several tax holidays for the 2021
Fiscal Year; changes that allow businesses to pay sales tax on behalf of their customers in
certain circumstances; a five-year extension of the deadline for a new data center to apply
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for an existing tax exemption; and a sales tax exemption for items used in independent
living. The City does not expect HB 7061 will have an adverse impact on its ability to
pay debt service on the Series 2022 Bonds.
Additionally, SB 50 requires out-of-state online retailers with no presence within
the State who expect to make over $100,000 in remote/online sales to collect and remit
the State's 6% sales tax on such online sales of taxable items. The City expects that, if SB
50 has an impact on the City, it will be positive and therefore will not have any adverse
impact on its ability to pay debt service on the Series 2022 Bonds.
In its 2022 session, the Florida Legislature passed HB 7071 which will go into
effect on July 1, 2022. HB 7071 also implemented new, extended, and expanded sales
tax exemptions including: a three-month tax holiday from May to August for children's
books; a ten-day "back-to-school" tax holiday in late July and early August for certain
clothing, school supplies and personal computers; a ten-day "disaster preparedness" tax
holiday in late May and early June for specified disaster preparedness items; a seven-day
"Freedom Week" tax holiday the first week of July for certain admissions and certain
recreational items and supplies; a one-year tax holiday baby and toddler clothing, shoes
and diapers; a one-year tax holiday for certain Energy Star certified appliances; a one-
month fuel tax holiday in the month of October, where the price of gas is lowered 25.3
cents per gallon; changes that reduce the sales tax for new mobile homes from 6% to 3%;
and exemptions for farm trailers and fencing used in agricultural production, and
machinery and equipment used in the production of green hydrogen. The City expects
that, if HB 7071 has an impact on the City, it will be positive and therefore will not have
any adverse impact on its ability to pay debt service on the Series 2022 Bonds.
The amount of Sales Tax received by the City is subject to increase or decrease
due to (i) increases or decreases in the dollar volume of taxable sales within the County,
(ii) legislative changes relating to the overall sales tax, which may include changes in the
scope of taxable sales, changes in the tax rate and changes in the amount of sales tax
revenue deposited into the Half-Cent Sales Tax Trust Fund, (iii) changes in the relative
population of the City, which affect the percentage of Sales Tax received by the City, and
(iv) other factors which may be beyond the control of the City, including but not limited
to the potential for increased use of electronic commerce and other internet-related sales
activity that could have a material adverse impact upon the amount of sales tax collected
by the State and then distributed to the City.
The sales tax revenues received by the City are deposited into the City's General
Fund and may be used for any public purpose.
State Revenue Sharing. "State Revenue Sharing" consists of amounts levied and
collected by the State and shared with local governments under the provisions of Section
218.215, Florida Statutes. The amount deposited by the FDOR into the State Revenue
Trust Fund for Municipalities is 1.3653% of available sales and use tax collections after
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certain required distributions, and the net collections from the one-cent municipal fuel
tax.
The amount of revenues from the State Revenue Sharing Trust Fund for
Municipalities distributed to any one municipality is the average of three factors: an
adjusted population factor; a sales tax collection factor, which is the proportion of the
local municipality's ordinary sales tax distribution the municipality would receive if the
distribution were strictly population based; and a relative revenue raising ability factor,
which measures the municipality's ability to raise revenue relative to other qualifying
municipalities in the State.
Brief descriptions of the sources of revenues that are deposited into the State
Revenue Sharing Fund for Municipalities are set forth below.
Sales Tax Revenues. Prior to July 1, 2000, a state tax was levied on
cigarette packages at varying rates, depending on the length and number of
cigarettes in a package and, pursuant to Section 210.20(2)(a), Florida Statutes,
certain amounts derived from such cigarette taxes were deposited to the Revenue
Sharing Trust Fund for Municipalities after deducting therefrom certain charges
for administration and collection. Effective July 1, 2000, the cigarette tax
revenues were eliminated from distribution to the Revenue Sharing Trust Fund for
Municipalities and replaced with sales and use tax proceeds. Currently, 1.3653%
of the available proceeds of the sales and use tax imposed pursuant to Chapter 212,
Florida Statutes, is transferred monthly to the Revenue Sharing Trust Fund for
Municipalities after certain other transfers have been made and certain charges for
administration and collection have been deducted therefrom.
The sales and use tax provides the majority of the receipts for the Revenue
Sharing Trust Fund for Municipalities. For the State's fiscal year ending 2022,
approximately 79.6% of the deposits of the Revenue Sharing Trust Fund for
Municipalities were from the sales and use tax, and approximately 20.4% were
from the municipal fuel tax.
Municipal Fuel Tax. The proceeds of the municipal fuel tax imposed
pursuant to Section 206.41(1)(c), Florida Statutes, after deducting certain service
charges and administrative costs, is transferred into the Revenue Sharing Trust
Fund for Municipalities. Funds derived from the municipal fuel tax on motor fuel
may only be used to pay debt service allocable to transportation facilities. The
municipal fuel tax portion of the distribution is not available to pay debt
service on the Series 2022 Bonds.
To be eligible for State Revenue Sharing funds beyond the minimum entitlement
(defined as the amount necessary to meet obligations to which a municipality has pledged
amounts received from the State Revenue Sharing Trust Fund for Municipalities), a local
28
government must have satisfied certain eligibility requirements set forth under State law.
If the City fails to comply with the eligibility requirements, the FDOR may utilize the
best information available to it, if such information is available, or take any necessary
action including disqualification, either partial or entire, and the City shall further waive
any right to challenge the determination of the FDOR as to its distribution, if any.
Eligibility is retained if the local government has met eligibility requirements for the
previous three years, even if the local government reduces its millage or utilities taxes
because of the receipt of State Revenue Sharing funds. The City has continuously
maintained its eligibility to receive State Revenue Sharing funds.
[Not all of State Revenue Sharing revenues are for general governmental use. A
portion is comprised of fuel taxes and restricted for transportation related expenses. The
range varies annually but over the past several years has not exceeded 29% of the total
State Revenue Sharing. Therefore, the City restricts 29% of the State Revenue Sharing
for transportation-related expenses, with the remaining going towards general
governmental use.]
Permits and Fees.
Electric Franchise Fees. The City has a non-exclusive franchise agreement
granting Duke Energy Florida (formerly Florida Power Corporation) use of the public
streets, alleys, highways, waterways, bridges, easements, and sidewalks and parks of the
City for the construction, erection, operation, ownership and maintenance of its electric
system. In consideration for this privilege, Duke Energy Florida, LLC has agreed to pay
six percent (6%) of its revenues from the sale of electricity, net customer credits to
residential, commercial, and industrial customers and City sponsored streetlighting all
within the corporate limits of the City. This agreement was entered into by the City
pursuant to Ordinance No. 5944-95, adopted by the City Council on December 7, 1995.
This agreement is currently due to be renegotiated in 2025. The expiration of this
agreement is prior to the final maturity date of the Series 2022 Bonds unless
renewed.
Gas Franchise Fees. the City owns and operates as an enterprise utility the
Clearwater Gas System (the "Gas System"). Pursuant to Ordinance No. 5887-95, enacted
on August 17, 1995, as supplemented and amended, the Gas System shall levy a charge
on every purchase of gas within a municipality or county area to recover the costs
assessed by governmental entities in accordance with the franchise agreement in force
between the City and that other governmental entity and including any other otherwise
unrecoverable fees, special taxes, payments in lieu of taxes, or other impositions by any
governmental entity (including the City) on the services of the Gas System sold within
such municipality or county area. The fees collected within each governmental
jurisdiction shall be used exclusively to pay the franchise fees and other governmental
fees, taxes, and other impositions levied on services within that governmental
jurisdiction. Within the City, where a franchise agreement is not in force, the City levies
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a 6% Payment in Lieu of Taxes on all gross natural gas sales excluding interruptible and
contract services, and the Gas System bills this in the same manner as if it were a
franchise fee. [From time to time, the City considers putting the Gas System out for bid.
The City is currently considering the sale of the Gas System but has not made any
commitment to do so. Should the City sell the Gas System in the future, revenues of the
gas system, including the gas franchise fees and gas dividends paid from the Gas System
to the City's General Fund, would be unavailable to pay debt service on the Series 2022
Bonds.]
Charges for Services. Revenues resulting from the City's charges for services are
reflected within this category and include those charges received from private individuals
or other governmental units within the following functional areas of the City's General
Fund:
(a) General government;
(b) Public safety;
(c) Physical environment;
(d) Transportation; and
(e) Culture and recreation.
Other.
Enterprise Fund Transfers. The City annually transfers to its General Fund
amounts from its airpark, Clearwater Harbor Marina, marine, parking, gas, solid waste
and recycling, stormwater utility, and water and sewer enterprise funds. A portion of
such amounts are equivalent to what the City deems it would otherwise charge as a
franchise fee if the provider of such service was a private provider rather than the City,
and these amounts are listed as "Transfers In" to the General Fund in the City's financial
statements; a separate amount related to direct and indirect costs of the City attributable
to such enterprise operations is treated as part of "Charges for Services." [Per City
Council policy, the City calculates such transfers at a rate of 5.5% of prior Fiscal Year
gross revenues for each enterprise fund (with the exception of the Gas Fund which pays
an annual dividend from the Gas System at the discretion of the City Council). The
enterprise fund transfers in Fiscal Year 2021 totaled $11,471,726, which includes the total
amount of transfers from each enterprise fund calculated at 5.5% of gross revenues of
each respective enterprise fund in Fiscal Year 2018/2019, the gas system annual dividend
and net parking fine revenue transfers to the General Fund. There is no legal obligation of
the City to transfer any amount from the enterprise funds to the General Fund.]
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Airpark Fund. The "Airpark Fund" is a self-supporting enterprise operation
established to fund all operations, maintenance, and improvements necessary to
maintain Clearwater Airpark operations.
Clearwater Harbor Marina Fund. The "Clearwater Harbor Marina Fund"
is a self-supporting enterprise operation established to fund all operations,
maintenance, and improvements necessary to maintain Clearwater Harbor Marina
operations.
Gas Fund. The "Gas Fund" is a self-supporting enterprise operation
established to fund all operations, maintenance, and improvements necessary to
maintain the Gas System which serves customers in the County and Pasco County.
Marine Fund. The "Marine Fund" is a self-supporting enterprise operation
established to fund all operations, maintenance, and improvements necessary to
maintain the City's Marina at Clearwater Beach.
Parking Fund. The "Parking Fund" is a self-supporting enterprise operation
established to fund parking operations, beach lifeguards, and other beach-related
operations which include, inter alia, daily beach raking and increased services to
assist with daily cleaning and trash pick-up on the beach.
Stormwater Utility Fund. The "Stormwater Utility Fund" is a self-
supporting enterprise operation established to fund all stormwater functions.
Solid Waste and Recycling Fund. "The Solid Waste and Recycling Fund" is
comprised of two separate self-supporting enterprise operations, the Solid Waste
Fund and the Recycling Fund. The "Solid Waste Fund" was established to fund all
operations, maintenance and improvements necessary to maintain the City's solid
waste programs. The "Recycling Fund" was established to fund all operations,
maintenance and improvements necessary to maintain the City's recycling
programs.
Water and Sewer Fund. "The Water and Sewer Fund" is a self-supporting
enterprise operation established to fund all operations, maintenance and
improvements necessary to provide citywide water supply, water distribution,
wastewater collection, wastewater treatment and reclaimed water programs.
Rents and Leases. Rents and leases consist primarily of revenues collected from
beach umbrella rentals and under concessions lease agreements.
Fines and Forfeitures. Fines and forfeitures reflect those penalties and fines
imposed for the commission of statutory offenses and violation of lawful administrative
rules and regulations. Fines and Forfeitures also include charges for service of crossing
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guards and alarm service charges. Forfeitures include revenues resulting from court fines
as well as proceeds from the sale of found/abandoned property.
Miscellaneous. This category includes a variety of revenues and transfers from
other funds, including:
(a) interest earnings;
(b) gains (or losses) on sale of investments;
(c) rents and royalties;
(d) disposition of fixed assets;
(e) sales of surplus materials and scrap; and
(f) contributions from private sources.
Other Non-Ad Valorem Indebtedness
Under the terms of the Resolution, the City may pledge its Non-Ad Valorem
Revenues to obligations that it issues in the future. The City does not have currently
outstanding any indebtedness which is secured by and payable from specific Non-Ad
Valorem Revenues or is payable from a covenant to budget and appropriate legally
available Non-Ad Valorem Revenues. However, the City previously issued its Revenue
Bonds (Spring Training Facility), Series 2002 (the "Series 2002 Bonds"), currently
outstanding in the amount of $3,480,000 with a final maturity of March 1, 2031, which
are secured by (1) payments received by the City from the State pursuant to Section
212.20, Florida Statutes (the "State Payments"), and (2) payments received from the
County (collectively with the State Payments, the "2002 Pledged Revenues") pursuant to
an interlocal agreement between the City and the County, dated as of December 1, 2000.
In addition to the pledge of 2002 Pledged Revenues, the City pledged, pursuant to a
municipal bond insurance debt service agreement, to supplement the 2002 Pledged
Revenues with Non-Ad Valorem Revenues, if necessary, to pay debt service on the Series
2002 Bonds. To date, the City has not had to supplement the 2002 Pledged Revenues
with Non-Ad Valorem Revenues to pay debt service on the Series 2002 Bonds and does
not expect to in the future.
Additionally, the City has entered into a Master Equipment/Lease Purchase
Agreement with SunTrust Equipment Finance & Leasing Corp. (the "SunTrust Lease")
pursuant to which the City leases certain equipment and is required to appropriate legally
available revenues to make lease payments. The majority of such payments have
historically been made from enterprise fund revenues, based on the type of equipment
leased. In the event of any future pledge of a specific Non-Ad Valorem Revenue source,
32
specific pledged Non-Ad Valorem Revenues would be required to be applied to said
obligations prior to being used to pay debt service on the Series 2022 Bonds.
Anti-Dilution Covenant
The City has covenanted in the Resolution (such covenant being referred to as the
"Anti-Dilution Covenant") that, prior to the issuance of any additional Debt of the City to
be secured by or payable from any source of Non-Ad Valorem Revenues, Non-Ad
Valorem Revenues for the prior Fiscal Year were at least 1.50x times the Maximum
Annual Debt Service of all then Outstanding Non-Ad Valorem Debt, including the
proposed Non-Ad Valorem Debt to be issued.
Maximum Annual Debt Service means, the maximum Annual Debt Service to
come due during any Bond Year of the Issuer on the Outstanding Bonds, excluding all
Bond Years which shall have ended prior to the Bond Year in which Maximum Annual
Debt Service shall be computed. Annual Debt Service means with respect to any Bond
Year, the aggregate amount of (1) all interest required to be paid on the Outstanding
Bonds during such Bond Year, except to the extent that such interest is to be paid from
deposits in the Construction Fund or the Interest Account made from Bond proceeds,
(2) all principal of Outstanding Serial Bonds maturing in such Bond Year, and (3) all
Amortization Installments designated as provided herein with respect to such Bond
Year. Maximum Annual Debt Service on Non-Ad Valorem Debt means, with respect
to Non-Ad Valorem Debt that bears interest at a fixed interest rate, the actual Maximum
Annual Debt Service, and with respect to Non-Ad Valorem Debt that bears interest at a
variable interest rate, Maximum Annual Debt Service on such Non-Ad Valorem Debt
shall be determined assuming an interest rate that accrues at the current "Bond Buyer
Revenue Bond Index" as published in The Bond Buyer immediately prior to any such
calculation.
For purposes of the Anti-Dilution Covenant described above, in calculating the
Maximum Annual Debt Service on balloon indebtedness whether such Non-Ad Valorem
Debt is bearing interest at a fixed or variable rate, such balloon indebtedness shall be
assumed to amortize over twenty-five (25) years on a level debt service basis. For
purposes of this paragraph, "balloon indebtedness" includes indebtedness if 25% or more
of the principal amount thereof comes due in any one year.
"Non-Ad Valorem Debt" is defined as (i) all financial obligations appearing on the
City's most recent audited financial statements that are secured by or payable in whole or
part from any Non-Ad Valorem Revenues, (ii) financial obligations that are secured by or
payable in whole or part from any Non-Ad Valorem Revenues, (iii) financial obligations
of other Persons that are guaranteed or secured by any of the City's Non-Ad Valorem
Revenues, provided however that unless the City actually used or expended its Non-Ad
Valorem Revenues to pay such other Person's obligations during the prior two Fiscal
Years, such Non-Ad Valorem Debt shall be excluded and (iv) lease obligations secured
33
by or payable from any Non-Ad Valorem Revenues. Such obligation shall not be
considered Non-Ad Valorem Debt unless the City has actually used Non-Ad Valorem
Revenues to pay such obligation during the immediately preceding Fiscal Year or
reasonably expects to use Non-Ad Valorem Revenues to pay such obligation in the
current or immediately succeeding Fiscal Year.
OTHER FINANCIAL INFORMATION
Historical Non-Ad Valorem Revenues
The following table sets forth, for the City's Fiscal Years ended September 30,
2017 through and including September 30, 2021, the Non-Ad Valorem Revenues that
may be legally available to pay all or a portion of the debt service on the Series 2022
Bonds, subject to the conditions and restrictions described herein.
As described above, the City does not currently have outstanding indebtedness
granting a lien on any of these specific sources, although the City is entitled under the
Resolution to grant such a lien to other indebtedness, subject to compliance with the Anti-
Dilution Covenant. The City does not currently have any other indebtedness secured by a
covenant to budget and appropriate Non-Ad Valorem Revenues on a similar basis to the
Series 2022 Bonds, other than as described above under the heading "SECURITY AND
SOURCES OF PAYMENT – Other Non-Ad Valorem Indebtedness." Since there is no
lien on the Non-Ad Valorem Revenues in favor of the Holders of the Series 2022 Bonds,
the exercise of remedies by the holders of other obligations hereafter issued which are
secured by a pledge of any portion of Non-Ad Valorem Revenues may result in the
payment of debt service on any such obligations prior to the payment of debt service on
the Series 2022 Bonds.
The amount and availability of Non-Ad Valorem Revenues of the City is subject to
change, including reduction or elimination by change of state law or changes in the facts
and circumstances according to which certain of the Non-Ad Valorem Revenues are
collected. The amount of Non-Ad Valorem Revenues collected by the City is, in certain
circumstances, beyond the control of the City.
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34
City of Clearwater, Florida
Historical Non-Ad Valorem Revenues
Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year
2017 2018 2019 2020 2021
Taxes Electric Utility Taxes
(Public Service Tax) $10,679,169 $10,994,831 $11,895,320 $12,423,810 $12,712,884
Water Utility Taxes
(Public Service Tax) 3,414,511 3,700,869 3,754,315 4,000,713 4,246,078
Gas/Propane Utility Taxes
(Public Service Tax) 740,929 848,460 799,213 741,067 786,621
Communications Services Taxes 4,511,892 4,721,390 4,370,997 4,368,536 4,174,817
Local Business Tax 1,913,492 1,956,325 2,077,054 2,027,827 2,127,380
Local Option Gas Tax(1) 1,545,537 1,536,462 1,526,214 1,381,690 1,438,852
Intergovernmental Revenues
Infrastructure Sales Surtax(2) 11,013,554 11,669,871 12,277,473 12,087,548 14,296,517
Half-Cent Sales Tax 6,995,443 7,344,964 7,561,298 7,223,098 8,545,241
State Revenue Sharing 3,706,515 3,826,043 3,968,913 3,694,083 4,274,388
County Fire Protection Tax(3) 2,143,087 1,796,985 2,204,826 1,982,071 2,347,737
County EMS Tax(4) 6,318,836 5,888,844 5,466,073 6,385,390 6,920,226
Other Intergovernmental(5) 1,665,625 4,614,249 2,008,240 1,999,853 2,059,830
Permits and Fees
Electric Franchise Fees 8,772,468 9,392,489 9,994,490 9,723,086 9,792,097
Gas Franchise Fees 621,060 599,775 648,251 588,685 563,190
Other Licenses and Permits 3,893,229 3,747,850 3,995,469 4,439,432 5,264,834
Charges for Services
General Governmental 10,631,256 10,451,703 9,911,353 10,130,574 10,658,514
Public Safety 353,889 510,577 431,472 477,087 545,259
Physical Environment 54,877 66,168 59,738 25,157 45,825
Transportation 177,335 181,453 160,537 93,970 169,080
Culture and Recreation 4,847,875 4,705,496 5,532,353 3,508,054 4,241,205
Other
Enterprise Fund Transfers(6) 10,403,388 9,885,613 10,902,995 11,877,105 11,471,726
Rents and Leases 1,773,347 1,787,725 2,045,244 1,721,918 2,048,323
Fines and Forfeitures 1,421,063 1,724,608 1,881,613 1,479,026 1,688,182
Miscellaneous 747,642 827,660 4,538,757 2,174,890 604,175
Total Sources of Non-Ad Valorem
Revenues(7) $98,346,019 $102,780,410 $108,012,207 $104,554,669 $111,022,981
Source: City of Clearwater, Florida. (1) Revenues derived from the Local Option Gas Tax may only be used for transportation operations and maintenance. As such, local option gas tax funds
are not available to pay debt service on the Series 2022 Bonds.
(2) A portion of Infrastructure Sales Surtax funds are restricted legally or by City Council policy to be used for specific capital improvement projects, and
thus may only be used with respect to certain capital projects after a special public hearing is held. Thus, a special public hearing would be required for the
City's Infrastructure Surtax Revenues to be available to pay debt service on the Series 2022 Bonds. The current Infrastructure Sales Surtax will expire on
December 31, 2029, which is prior to the expiration of the Series 2022 Bonds.
(3) The County Fire Protection Tax funds are revenues from the County that are reimbursed to the City for provision of fire services to the unincorporated
areas with the designated Clearwater Fire District. County Fire Protection Tax funds are restricted legally for such purposes and may not be used to pay
debt service on the Series 2022 Bonds. (4) The County Emergency Medical Services ("EMS") Tax funds are revenues that are reimbursed to the City from the County for the provision of EMS
services in the Clearwater Fire District. County EMS Tax funds are restricted legally for such purposes and may not be used to pay debt service on the
Series 2022 Bonds.
(5) Other Intergovernmental Revenues are derived from a number of sources including Florida Department of Transportation reimbursements for traffic
signals and street lighting, mobile home licenses, alcoholic beverage licenses, firefighters' supplemental compensation, the rebates on municipal vehicle
fuel, the Pinellas Library Cooperative, County traffic signal reimbursements, and other reimbursements from the County for the use of fire and EMS
vehicles in the Clearwater Fire District.
(6) The Enterprise Fund Transfers revenues include the total amount of transfers from each enterprise fund (with the exception of the Gas Fund), calculated at
5.5% of gross revenues in Fiscal Year 2018/19, the annual dividend transferred from the Gas Fund and net parking fine revenue transfers to the General
Fund.
(7) May not add due to rounding.
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Historical Governmental Funds
The following table shows information regarding actual revenues and expenditures
within the Governmental Funds of the City for Fiscal Years ended September 30, 2017
through and including September 30, 2021. The table is not intended to represent
revenues of the City which would necessarily be available to pay debt service on the
Series 2022 Bonds. The table is intended to provide general historical information
regarding the City's Governmental Funds, from which the City is obligated to budget and
appropriate sufficient Non-Ad Valorem Revenues to pay debt service on the Series 2022
Bonds, subject to the conditions set forth in the Resolution. See "SECURITY FOR THE
SERIES 2022 BONDS" herein.
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City of Clearwater, Florida
Changes in Fund Balances of Governmental Funds
(modified accrual basis of accounting, in thousands of dollars)
Revenues 2017 2018 2019 2020 2021
Total Governmental Funds
Property taxes $46,852 $50,710 $64,050(1) $68,522 $73,096
Sales taxes 11,014 11,670 12,278 12,087 14,296
Utility taxes 14,835 15,544 16,449 17,166 17,746
Communications services taxes 4,512 4,721 4,371 4,368 4,175
Other taxes 3,459 3,493 3,603 3,409 3,566
Franchise fees 9,394 9,992 10,643 10,312 10,355
Licenses, permits, and fees 3,893 3,748 3,995 4,439 5,265
Intergovernmental revenues 30,236 34,277 34,770 29,730 36,442
Charges for services 17,304 17,381 17,719 15,461 17,106
Fines and forfeitures 1,727 2,165 2,605 2,321 2,308
Investment earnings 460 194 5,292(2) 2,963 (387) (3)
Miscellaneous 4,051 4,499 4,289 3,592 3,185
Total Revenues 147,737 158,394 180,064 174,370 187,153
Expenditures
Total Governmental Funds:
Current:
General government 16,277 17,250 17,521 12,648 13,248
Public safety 71,752 74,486 74,164 78,002 81,172
Physical environment 4,185 4,403 3,488 3,938 3,644
Transportation 9,626 9,629 9,956 8,453 8,427
Economic environment 4,826 4,106 4,831 6,602 4,711
Human services 466 490 594 634 595
Culture and recreation 33,868 43,030 40,080 34,971 35,218
Debt service:
Principal 1,088 1,271 1,486 1,508 1,617
Interest and issuance costs 414 380 348 308 260
Capital outlay 13,015 8,921 12,068 15,916 19,029
Total Expenditures 163,966 163,966 164,536 162,980 167,921
Excess (deficiency) of revenues over (under)
expenditures (7,780) (5,572) 15,528 11,390 19,232
Other Financing Sources (Uses)
Total Governmental Funds:
Transfers in 45,413 49,202 45,697 47,307 45,071
Transfers out (38,658) (43,895) (40,396) (42,979) (40,354)
Proceeds from sale of capital assets - - 1,545 1,746 537
Other long term debt issued 1,077 1,677 - 964 -
Total other financing sources (uses) 7,832 6,984 6,846 7,038 5,254
Extraordinary item:
BP Oil settlement proceeds - - - - -
Net Change in Fund Balances $52 $1,412 $22,374 $18,428 $24,486
Debt service as a percentage of noncapital
expenditures 1.1% 1.1% 1.3% 1.2% 1.3%
Source: City of Clearwater, Florida Annual Comprehensive Financial Report for the Fiscal Year Ended September 30, 2021.
(1) 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.
(2) 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.
(3) 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.
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THE CITY
General Information and Location
The City is the county seat of the County (the sixth most populous county in the
State) and is geographically located in the middle of the west coast of the State on the
Gulf of Mexico. It is situated approximately 20 miles west of Tampa and 20 miles north
of St. Petersburg. Standing on the highest coastal elevation of the State, the City limits
comprise approximately 26.6 square miles of land and 13.7 square miles of waterways
and lakes. Clearwater Beach, a corporate part of the City, is a beach community
connected to the mainland by the Clearwater Memorial Causeway, a four-lane, toll-free
drive stretching almost two miles across the Intracoastal Waterway. Business on
Clearwater Beach is mainly tourist-oriented, with hotels, motels, restaurants, and other
amenities serving them. Many homes, apartments and condominiums offer pleasant,
semi-tropical island accommodations to permanent residents and winter and summer
visitors.
Government
The City has a Council/Manager form of government, and the City Manager serves
as the Chief Executive and Administrative Officer of the City. The Clearwater City
Council (the "City Council") is comprised of the Mayor and four Councilmembers, who
are elected to serve four-year terms. The City Council is responsible for setting policies
and making decisions on local government issues including tax rates, annexations, re-
zonings, and large contract awards. The City has approximately 1,840 full-time
equivalent employees. Three employee unions represent the City's civil labor force: the
Fraternal Order of Police (two bargaining units), the International Association of Fire
Fighters, and the Communications Workers of America.
The current Mayor and Councilmembers and the years in which their terms expire
are listed below:
Official Beginning Term Term Expires
Frank Hibbard, Mayor March 15, 2020 March 15, 2024
Mark Bunker, Councilmember March 15, 2020 March 15, 2024
Kathleen Beckman, Councilmember March 15, 2020 March 15, 2024
David Allbritton, Councilmember March 15, 2022 March 15, 2026
Lina Teixeira, Councilmember March 15, 2022 March 15, 2026
38
Administration
The administration of the City is conducted by the City Manager, who serves as
the Chief Executive and Administrative Officer. The City Manager, who is appointed by
the City Council, provides leadership in administration of policies and objectives
formulated by the City Council.
Budgetary Process
The City is required by law to annually formulate a budget with respect to all
departments of the City, and to hold public hearings thereon prior to the determination of
the final budget. As part of the budget process of the City, each year, every department
of the City prepares a preliminary estimate of its expenses and disbursements for the
succeeding Fiscal Year.
On or before October 1 of each year, after conducting public hearings on the
budget proposals submitted by the City Manager, at which time anyone has an
opportunity to be heard, the City Council adopts a final budget for the succeeding Fiscal
Year. Under State law, appropriations for each Fiscal Year of the City cannot exceed the
sum of the amount of expected revenues to be received by the City, plus carry-forward
fund balances.
If a budget is not enacted by October 1, the Florida Statutes provide for continued
operation under the previous year's budget, subject to any amendments.
The City Code provides direction for the amendment of an adopted budget. If
during the Fiscal Year the City Manager certifies that there are available for appropriation
revenues in excess of those estimated in the budget, the City Council, by ordinance, may
make supplemental appropriations for the year up to the amount of such excess.
If an amendment is needed to meet a public emergency affecting life, health,
property or the public welfare, the City Council may make emergency appropriations by
emergency ordinance. To the extent that there are no available unappropriated revenues
to meet such appropriations, the City Council may by such ordinance authorize the
issuance of emergency notes which may be renewed from time to time, but the
emergency notes and renewals of any Fiscal Year shall be paid not later than the last day
of the Fiscal Year next succeeding that in which the emergency appropriation was made.
If at any time during the Fiscal Year it appears probable to the City Manager that
the revenues available will be insufficient to meet the amount appropriated, such event
shall be reported to the City Council without delay. Such report shall indicate the
estimated amount of the deficit, any remedial action taken by the City Manager and
recommendation as to any other steps to be taken. The City Council shall then take such
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further action as it deems necessary to prevent or minimize any deficit, and for that
purpose it shall by ordinance reduce one or more appropriations.
At any time during the Fiscal Year the City Manager may for reasons of economy
or efficiency, 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. The City Manager may transfer appropriations within the
capital budget provided such transfer does not result in changing the scope of any project
or the fund source included in the adopted capital budget. Such operating and capital
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.
Limitations; Effective Date.
No appropriation for debt service may be reduced or transferred except where such
reduction or transfer is surplus and will not jeopardize the specific debt service
requirements. No appropriation may be reduced below any amount required by law to be
appropriated by more than the unencumbered balance thereof.
The supplemental and emergency appropriation and reduction or transfer of
appropriations authorized by this section may be made effective immediately upon
adoption.
If after adoption of the capital improvement budget and program there is a change
proposed for the use of Penny for Pinellas tax, adding or subtracting $500,000 or more
from a project approved in the capital improvement budget or adding new projects in
excess of $500,000, there shall be an advertised public hearing before the City Council.
Investment Policy
The City's investments must conform to the provisions of Florida statutory law as
amended from time to time. The overall investment policies of the City are established
by the City charter and the current investment policy enacted by the City Council on
September 9, 2010.
The City's investments are limited to the following: direct federal government
obligations; federal agencies and instrumentalities; Securities and Exchange Commission
registered money market funds with the highest credit quality rating; interest bearing time
deposits or savings accounts in qualified public depositories; debt issued by the State or
any political subdivision thereof including pools; securities of open-end or closed-end
management-type investment companies as defined in the City's investment policy;
collateralized repurchase agreements and reverse repurchase agreements; local
government investment pools per Section 163.01, Florida Statutes; and commercial paper
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of prime quality as defined in the City's investment policy. All investments are reported at
fair value.
The City's investment policy may be modified from time to time by the City
Council.
Self-Insurance
Except as herein noted, 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. The City maintains
certain insurance coverage 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 City maintains an excess Property Insurance program with a loss limit of
$100,000,000 per occurrence subject to $100,000 self-insured retention per claim for all
perils, excluding perils of a named storm, flood or earth movement. The coverage for a
named storm is limited to $75,000,000 per occurrence after a five-percent (5%) self-
insured retention with a $100,000 minimum. The coverage for floods and earth
movement has a total annual aggregate limit of $75,000,000 after either: (1) a $100,000
minimum or (2) in the case of a high-hazard storm, a 5% self-insured retention with a
$100,000 minimum.
The City maintains excess Auto Liability and General Liability Insurance with
limits of $5,000,000 per occurrence/$10,000,000 aggregate with a self-insured retention
of $500,000, and statutory Workers Compensation Insurance, in accordance with Chapter
440, Florida Statutes, with a self-insured retention of $600,000.
The City also maintains Boiler & Machinery coverage, Terrorism coverage, and
various other specialty policies.
In addition, the City Council also authorized a partial self-insured funding
arrangement with Cigna for health insurance effective for the plan year beginning
January 1, 2013. Under 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 100% of individual claims in excess
of $350,000 per person per year.
Management Discussion
The Fiscal Year 2021-2022 Budget for the City was adopted by the City Council
on September 30, 2021 in the amount of [$615.0] million and is comprised of
Governmental Funds (which include the General Fund, Special Revenue Funds and
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Capital Project Funds), Enterprise Funds and Internal Service Funds. The General Fund
Budget for Fiscal Year 2021-2022 reflects expenditures of $164,818,400, an increase of
7% from the 2020-2021 final amended budget of $154,415,831. See "INVESTMENT
CONSIDERATIONS – COVID-19" for the City's estimates and projections of the impact
of the COVID-19 virus on its Fiscal Year 2021-22 budget.
Pension and Other Post-Employment Benefits
The City maintains and self-administers two separate single employer defined
benefit pension plans. 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 covers eligible
firefighters hired prior to July 1, 1963 and is closed to new entrants.
See "APPENDIX B – ANNUAL COMPREHENSIVE FINANCIAL REPORT OF
THE CITY FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2021," for additional
information regarding the Pension Trust Funds and the City's compliance with other post-
employment benefits ("OPEB") requirements.
Net Pension Liability/(Asset) for the Employees' Pension Plan and the Firefighters'
Relief and Pension Plan for the five years ended on September 30, 2021 were as follows:
Employees' Pension Plan
Total Pension
Liability
Plan Fiduciary
Net Position
Net Pension
Liability/(Asset)
September 30, 2017 $ 902,629,886 $ 980,288,359 $ (77,658,473)
September 30, 2018 939,291,240 1,043,759,224 (104,467,984)
September 30, 2019 987,830,735 1,064,103,121 (76,272,386)
September 30, 2020 1,042,461,593 1,132,560,858 (90,099,265)
September 30, 2021 1,055,835,834 1,325,814,385 (269,978,551)(1)
Firefighters' Relief and Pension
Plan
Total Pension
Liability
Plan Fiduciary
Net Position
Net Pension
Liability/(Asset)
September 30, 2017 $3,162,699 $3,842,781 $(680,082)
September 30, 2018 2,709,051 3,566,898 (857,847)
September 30, 2019 2,354,798 3,598,272 (1,243,474)
September 30, 2020 2,169,234 3,481,098 (1,311,864)
September 30, 2021 1,743,078 3,247,484 (1,504,406)
Source: City of Clearwater, Florida Annual Comprehensive Financial Report for the Fiscal Year Ended September 30,
2021.
(1) The increase in the Net Pension Liability/(Asset) from $90.1 million at 9/30/2020 to $270.0 million at 9/30/2021 was
primarily due to a Fiscal Year 2021 investment return of 20.61% equating to $231.1 million of investment income.
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The Employees' Pension Plan 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
The Firefighters' Relief and Pension Plan 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
See Note IV.B.1, Employee retirement systems and pension plans, included in the "Notes
to the Basic Financial Statements" in APPENDIX B hereto for more information
regarding the City's defined benefit pension plans.
Other Post-Employment Benefits (OPEB)
The City administers a single-employer defined benefit healthcare plan (the
"Plan") that provides medical insurance benefits to its employees and their eligible
dependents. The City is required by State statute to provide eligible retirees the
opportunity to participate in the Plan at the same cost that is applicable to active
employees. The City provides no explicit medical insurance subsidy to retirees, only the
implicit subsidy required by State statute. Additionally, the City provides and pays for
$1,000 of term life insurance for retirees who retired before October 1, 2008.
The City's total OPEB liability and OPEB annual expense since for the Fiscal
Years ended 2020 and 2021 are as follows:
Fiscal Year Ended
Total OPEB
Liability
Total OPEB
Expense
9/30/2020 $25,787,424 $2,284,957
9/30/2021 27,520,408 1,878,929
N/A = Not available.
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See Note IV.C, Post-Employment benefits other than pension, included in the Notes to
the Basic Financial Statements in APPENDIX B hereto for a description of the actuarial
assumptions applied with respect to the City's actuarial accrued OPEB liability.
INVESTMENT CONSIDERATIONS
This section does not purport to summarize all risks that may be associated with
purchasing or owning the Series 2022 Bonds and prospective purchasers are advised to
read this Official Statement in its entirety for a more complete description of investment
considerations relating to the Series 2022 Bonds.
Climate Change
The State is naturally susceptible to the effects of extreme weather events and
natural disasters, including floods, droughts, and hurricanes, which could result in
negative economic impacts on coastal communities like the City. Such effects can be
exacerbated by a longer-term shift in the climate over several decades (commonly
referred to as climate change), including increasing global temperatures, rainfall
intensification and rising sea levels. The occurrence of such extreme weather events
could damage the local infrastructure that provides essential services to the City. The
economic impacts resulting from such extreme weather events could have a material
adverse effect on the business operations or financial condition of the City or its Non-Ad
Valorem Revenues.
The City continues to proactively address climate change throughout the
organization. The City's Comprehensive Plan was amended to add "peril of flood"
policies and requirements including: strategies and engineering solutions to reduce flood
risk in the City's coastal areas, policies to encourage preservation within the City's barrier
islands, policies to encourage more resilient construction practices and a more robust
stormwater design, and adding policies that bolster the City's post-disaster management
planning. The City's Community Development Code was amended to update floodplain
regulations to:
• Establish requirements for flood resistant development including limitations
on development in floodways, isolated wetlands, and preservation areas;
• Include additional requirements for buildings, structures, and facilities that
would otherwise be exempt from the Florida Building Code;
• Add requirements for subdivisions, site improvements and utilities,
manufactured homes, recreational vehicles and park trailers, the placement of
underground and above ground tanks, and hazardous materials;
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• Require two additional foot of design flood elevation above the
requirements of the Florida Building Code – also known as "freeboard", to provide a
margin of protection to account for waves and debris during flood events; and
• Increase elevation for critical facilities in the 500-year floodplain and
increased regulations for Coastal A Zone to V Zone Standards to reduce likelihood of
damage and improve the community's ability to respond to citizens during a disaster.
The City actively identifies areas where the historic floodplain can be restored to
provide additional protection from floods and climate change. Several major projects
have been completed including a project that included physical removal of 243 homes
from a historic floodway with the restoration of wetlands. Furthermore, in order to
provide a greater level of protection to development, the City adopted standards
recommended from the Pinellas County Vulnerability Assessment. These standards
exceed the minimum basis for flood hazard areas and base flood elevations required by
the Federal Emergency Management Agency's Flood Insurance Rate Maps.
In addition to adaptation measures, the City actively prioritizes climate mitigation,
instituting programs and policies that will reduce greenhouse gas emissions across the
City. Currently, the City aims to reduce its community-wide greenhouse gas emissions
80% below its 2007 level by 2050. To achieve this, the City is focused on reducing
emissions from its energy and transportation sectors first. The City has partnered with a
firm to reduce its municipal energy consumption by 20%, is evaluating all of its major
facilities for solar panels, has enrolled in a program with its electrical utility to receive
40% of its electricity from off-site solar arrays, and has become a funding partner for a
non-profit that enables residents to afford residential solar arrays at a discounted cost.
The City has also approved a "Green Fleet Policy" and aims to convert 100% of its light-
duty vehicles to hybrid or electric by 2040. All of these efforts are done to ensure that the
City does not experience unnecessary climate change impacts in the future.
No assurance can be given as to whether future extreme weather events will occur
that could materially impair the financial condition of the City or damage the Project.
While the City believes that it maintains adequate insurance to cover any loss arising
from such natural disasters, there can be no assurance that in severe circumstances such
insurance will be adequate to rebuild its facilities. Additionally, there can be no
assurance that after experiencing natural disasters, citizens will continue to choose to live
in or travel to areas affected by such disasters. Such decisions could have an adverse
impact on the revenues of the City.
Cybersecurity
Computer networks and systems used for data transmission and collection are vital
to the efficient operations of the City. City systems provide support to departmental
operations and constituent services by collecting and storing sensitive data, including
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intellectual property, security information, proprietary business process information,
information applying to suppliers and business partners, and personally identifiable
information of customers, constituents, and employees. The secure processing,
maintenance and transmission of this information is critical to departmental operations
and the provision of citizen services. Increasingly, governmental entities are targeted by
cyberattacks seeking to obtain confidential data, disrupt critical services or obtain
ransoms. A rapidly changing cyber risk landscape may introduce new vulnerabilities that
attackers/hackers can exploit in attempts to effect breaches or service disruptions.
Employee error and/or malfeasance may also affect confidentiality, integrity and
availability of systems and the information stored there.
The City maintains a comprehensive information security program to protect the
confidentiality, integrity, and availability of the City's critical systems and sensitive data.
The solution is designed to assess and mitigate current threats and the risk of data
breaches to local government. The City also maintains a comprehensive insurance policy
covering various aspects related to cybersecurity incidents, which currently provides $1
million of coverage. The most recent on-site cyber security risk assessment was
completed in 2021. The assessment resulted in: (1) expanded implementation of multi-
factor authentication; (2) implementation of diverse administration and service accounts
for major systems and privileged access workstations for administration of major
systems; (3) expanded video-based user training for all network users for security
awareness and socially engineered phishing attacks; and (4) implementation of end point
protection and monitoring.
Despite taking the above preventative action, the potential disruption, access,
modification, or destruction of data could result in the interruption, or efficiency, of City
commerce; the initiation of legal claims or proceedings; liability under laws that protect
the privacy of personal information; regulatory penalties; disruptions in operations and
the services provided; or the loss of confidence in City operations, ultimately adversely
affecting City revenues.
COVID-19
The COVID-19 pandemic, along with various governmental measures taken to
protect public health in light of the pandemic, has had an adverse impact on global
financial markets and economies, including financial markets and economic conditions in
the United States. The impact of the COVID-19 pandemic on the U.S. economy has been
broad based and has negatively impacted national, state and local economies. The long-
term impacts of the COVID-19 crisis are unknown and dependent on a variety of factors.
The COVID-19 crisis may continue to negatively impact world, federal, state and local
economies for some period of time. However, the length and degree of any negative
impact cannot be predicted at this time.
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In response to the COVID-19 pandemic, on March 13, 2020, then President Trump
declared a "national emergency," which, among other effects, allows the executive branch
to disburse disaster relief funds to address the COVID-19 pandemic and related economic
dislocation. On March 9, 2020, Florida Governor Ron DeSantis declared a state of
emergency in Florida due to the spread of COVID-19 (the "State Emergency
Declaration"). The State Emergency Declaration allowed for certain executive actions to
respond to the increasing number of COVID-19 cases in the State and was extended
multiple times and expired on June 26, 2021.
The City and other governmental entities had previously taken a number of steps
locally with respect to COVID-19. The City closed all of its recreational facilities, and
City Council meetings were held digitally for a period of time but all facilities have
resumed normal operations and "in person" City Council meetings have resumed. Similar
to all local governments, the City's finances were impacted by the pandemic. Due to
COVID-19's impacts and the unknown length of the public health crisis, as well as the
duration of measures to mitigate the pandemic, the City is unable to accurately project the
total economic impact of the COVID-19 pandemic upon the City's operations. These
measures adversely impacted the City's revenues for Fiscal Year 2020, with General Fund
revenues reflecting a $0.4 million, or 0.3%, decrease, and government wide revenues
reflecting a $15.2 million, or 3.9%, decrease versus the prior year. Fiscal Year 2021
financial statements reflected a recovery to pre-pandemic revenue levels for both the
General Fund and government wide. The City's Fiscal Year 2021 financial statements
reflect a $9.0 million, or 6.2%, increase in General Fund revenues over the prior year, and
a $15.9 million, or 4.2%, increase in government-wide revenues over Fiscal Year 2020.
During Fiscal Year 2021, the City received $1,980,740.06 of Coronavirus Aid, Relief,
and Economic Security Act monies from the County in reimbursement of COVID-19
related expenditures. Of this total, $1,621,348.55 represented General Fund expenditures
with the balance from various enterprise funds. The City does not anticipate the COVID-
19 virus to have a material impact on its Fiscal Year 2021-22 budget. The City's Fiscal
Year 2021 financial statements reflect $48.6 million of unrestricted reserves for
governmental activities and $291.3 million for business-type activities.
A new wave of the virus could produce more negative impacts, and could
adversely impact the rating on the Series 2022 Bonds. Please refer to "RATING," herein.
VALIDATION
The Series 2022 Bonds are a portion of the bonds that were validated by a Final
Judgment of the Circuit Court of the Sixth Judicial Circuit of Florida, in and for Pinellas
County, Florida, entered on September 2, 2020. The period during which an appeal can
be taken has expired with no appeal being taken.
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LITIGATION
There is no litigation or controversy of any nature now pending or threatened to
restrain or enjoin the issuance, sale, execution or delivery of the Series 2022 Bonds or in
any way contesting the validity of the Series 2022 Bonds, validation proceeding or any
other proceedings of the City taken with respect to the authorization, sale or issuance of
the Series 2022 Bonds or the pledge or application of the moneys provided for the
payment of the Series 2022 Bonds which, if successful, would materially financially
affect the City.
The City experiences claims, litigation and various legal proceedings which
individually are not expected to have a material adverse effect on its operations or
financial condition, but may, in the aggregate, have a material impact thereon. In the
opinion of the City Attorney, however, the City will either successfully defend such
actions or otherwise resolve such matters without any material adverse consequences on
the financial condition of the City.
LEGAL MATTERS
Legal matters incident to the authorization, issuance and sale of the Series 2022
Bonds are subject to the approval of Bryant Miller Olive P.A., Tallahassee, Florida, Bond
Counsel, whose approving opinion will be in substantially the form set forth in
APPENDIX D. Certain other legal matters will be passed upon for the City by David
Margolis, Esquire, City Attorney and by Nabors, Giblin & Nickerson, P.A., Tampa,
Florida, Disclosure Counsel to the City.
TAX MATTERS
General
The Code establishes certain requirements which must be met subsequent to the
issuance of the Series 2022 Bonds in order that interest on the Series 2022 Bonds be and
remain excluded from gross income for purposes of federal income taxation. Non-
compliance may cause interest on the Series 2022 Bonds to be included in federal gross
income retroactive to the date of issuance of the Series 2022 Bonds, regardless of the date
on which such non-compliance occurs or is ascertained. These requirements include, but
are not limited to, provisions which prescribe yield and other limits within which the
proceeds of the Series 2022 Bonds and the other amounts are to be invested and require
that certain investment earnings on the foregoing must be rebated on a periodic basis to
the Treasury Department of the United States. The City has covenanted in the Resolution
with respect to the Series 2022 Bonds to comply with such requirements in order to
48
maintain the exclusion from federal gross income of the interest on the Series 2022
Bonds.
In the opinion of Bond Counsel, assuming compliance with certain covenants,
under existing laws, regulations, judicial decisions and rulings, interest on the Series 2022
Bonds is excluded from gross income for purposes of federal income taxation. Interest on
the Series 2022 Bonds is not an item of tax preference for purposes of the federal
alternative minimum tax.
Except as described above, Bond Counsel will express no opinion regarding other
federal income tax consequences resulting from the ownership of, receipt or accrual of
interest on, or disposition of Series 2022 Bonds. Prospective purchasers of Series 2022
Bonds should be aware that the ownership of Series 2022 Bonds may result in collateral
federal income tax consequences, including (i) the denial of a deduction for interest on
indebtedness incurred or continued to purchase or carry Series 2022 Bonds; (ii) the
reduction of the loss reserve deduction for property and casualty insurance companies by
fifteen percent (15%) of certain items, including interest on Series 2022 Bonds; (iii) the
inclusion of interest on Series 2022 Bonds in earnings of certain foreign corporations
doing business in the United States for purposes of the branch profits tax; (iv) the
inclusion of interest on Series 2022 Bonds in passive income subject to federal income
taxation of certain Subchapter S corporations with Subchapter C earnings and profits at
the close of the taxable year; and (v) the inclusion of interest on Series 2022 Bonds in
"modified adjusted gross income" by recipients of certain Social Security and Railroad
Retirement benefits for the purposes of determining whether such benefits are included in
gross income for federal income tax purposes.
As to questions of fact material to the opinion of Bond Counsel, Bond Counsel
will rely upon representations and covenants made on behalf of the City, certificates of
appropriate officers and certificates of public officials (including certifications as to the
use of proceeds of the Series 2022 Bonds and of the property financed or refinanced
thereby), without undertaking to verify the same by independent investigation.
PURCHASE, OWNERSHIP, SALE OR DISPOSITION OF THE SERIES 2022
BONDS AND THE RECEIPT OR ACCRUAL OF THE INTEREST THEREON MAY
HAVE ADVERSE FEDERAL TAX CONSEQUENCES FOR CERTAIN INDIVIDUAL
AND CORPORATE BONDHOLDERS, INCLUDING, BUT NOT LIMITED TO, THE
CONSEQUENCES DESCRIBED ABOVE. PROSPECTIVE BONDHOLDERS
SHOULD CONSULT WITH THEIR TAX SPECIALISTS FOR INFORMATION IN
THAT REGARD.
Information Reporting and Backup Withholding
Interest paid on tax-exempt bonds such as the Series 2022 Bonds is subject to
information reporting to the Internal Revenue Service in a manner similar to interest paid
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on taxable obligations. This reporting requirement does not affect the excludability of
interest on the Series 2022 Bonds from gross income for federal income tax purposes.
However, in conjunction with that information reporting requirement, the Code subjects
certain non-corporate owners of Series 2022 Bonds, under certain circumstances, to
"backup withholding" at the rate specified in the Code with respect to payments on the
Series 2022 Bonds and proceeds from the sale of Series 2022 Bonds. Any amount so
withheld would be refunded or allowed as a credit against the federal income tax of such
owner of Series 2022 Bonds. This withholding generally applies if the owner of Series
2022 Bonds (i) fails to furnish the payor such owner's social security number or other
taxpayer identification number ("TIN"), (ii) furnished the payor an incorrect TIN, (iii)
fails to properly report interest, dividends, or other "reportable payments" as defined in
the Code, or (iv) under certain circumstances, fails to provide the payor or such owner's
securities broker with a certified statement, signed under penalty of perjury, that the TIN
provided is correct and that such owner is not subject to backup withholding. Prospective
purchasers of the Series 2022 Bonds may also wish to consult with their tax advisors with
respect to the need to furnish certain taxpayer information in order to avoid backup
withholding.
Other Tax Matters
During recent years, legislative proposals have been introduced in Congress, and
in some cases enacted, that altered certain federal tax consequences resulting from the
ownership of obligations that are similar to the Series 2022 Bonds. In some cases, these
proposals have contained provisions that altered these consequences on a retroactive
basis. Such alteration of federal tax consequences may have affected the market value of
obligations similar to the Series 2022 Bonds. From time to time, legislative proposals are
pending which could have an effect on both the federal tax consequences resulting from
ownership of the Series 2022 Bonds and their market value. No assurance can be given
that legislative proposals will not be enacted that would apply to, or have an adverse
effect upon, the Series 2022 Bonds.
Prospective purchasers of the Series 2022 Bonds should consult their own tax
advisors as to the tax consequences of owning the Series 2022 Bonds in their particular
state or local jurisdiction and regarding any pending or proposed federal or state tax
legislation, regulations or litigation, as to which Bond Counsel expresses no opinion
[Tax Treatment of Original Issue Discount
Under the Code, the difference between the maturity amount of the Series 2022
Bonds maturing on ______________ (collectively, the "Discount Bonds"), and the initial
offering price to the public, excluding bond houses, brokers or similar persons or
organizations acting in the capacity of underwriters or wholesalers, at which price a
substantial amount of the Discount Bonds of the same maturity and, if applicable, interest
rate, was sold is "original issue discount." Original issue discount will accrue over the
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term of the Discount Bonds at a constant interest rate compounded periodically. A
purchaser who acquires the Discount Bonds in the initial offering at a price equal to the
initial offering price thereof to the public will be treated as receiving an amount of
interest excludable from gross income for federal income tax purposes equal to the
original issue discount accruing during the period he or she holds the Discount Bonds,
and will increase his or her adjusted basis in the Discount Bonds by the amount of such
accruing discount for purposes of determining taxable gain or loss on the sale or
disposition of the Discount Bonds. The federal income tax consequences of the purchase,
ownership and redemption, sale or other disposition of the Discount Bonds which are not
purchased in the initial offering at the initial offering price may be determined according
to rules which differ from those above. Bondholders of the Discount Bonds should
consult their own tax advisors with respect to the precise determination for federal
income tax purposes of interest accrued upon sale, redemption or other disposition of the
Discount Bonds and with respect to the state and local tax consequences of owning and
disposing of the Discount Bonds.]
[Tax Treatment of Bond Premium
The difference between the principal amount of the Series 2022 Bonds maturing
on _________________ (collectively, the "Premium Bonds"), and the initial offering
price to the public (excluding bond houses, brokers or similar persons or organizations
acting in the capacity of underwriters or wholesalers) at which price a substantial amount
of such Premium Bonds of the same maturity and, if applicable, interest rate, was sold
constitutes to an initial purchaser amortizable bond premium which is not deductible from
gross income for federal income tax purposes. The amount of amortizable bond premium
for a taxable year is determined actuarially on a constant interest rate basis over the term
of each of the Premium Bonds, which ends on the earlier of the maturity or call date for
each of the Premium Bonds which minimizes the yield on such Premium Bonds to the
purchaser. For purposes of determining gain or loss on the sale or other disposition of a
Premium Bond, an initial purchaser who acquires such obligation in the initial offering is
required to decrease such purchaser's adjusted basis in such Premium Bond annually by
the amount of amortizable bond premium for the taxable year. The amortization of bond
premium may be taken into account as a reduction in the amount of tax-exempt income
for purposes of determining various other tax consequences of owning such Premium
Bonds. Bondholders of the Premium Bonds are advised that they should consult with
their own tax advisors with respect to the state and local tax consequences of owning such
Premium Bonds.]
ENFORCEABILITY OF REMEDIES
The remedies available to the owners of the Series 2022 Bonds upon an event of
default under the Resolution are in many respects dependent upon judicial actions which
are often subject to discretion and delay. Under existing constitutional and statutory law
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and judicial decisions, including specifically Title 11 of the United States Code, the
remedies specified by the federal bankruptcy code, the Resolution, the Series 2022 Bonds
and any policy of insurance referred to herein may not be readily available or may be
limited. The various legal opinions to be delivered concurrently with the delivery of the
Series 2022 Bonds (including Bond Counsel's approving opinion) will be qualified, as to
the enforceability of the remedies provided in the various legal instruments, by limitations
imposed by bankruptcy, reorganization, insolvency or other similar laws affecting the
rights of creditors enacted before or after such delivery.
FINANCIAL ADVISOR
Public Resources Advisory Group, Inc., St. Petersburg, Florida, is serving as
Financial Advisor to the City with respect to the sale of the Series 2022 Bonds. The
Financial Advisor assisted in the preparation of this Official Statement and in other
matters relating to the planning, structuring and issuance of the Series 2022 Bonds. The
Financial Advisor is not obligated to undertake and has not undertaken to make an
independent verification or to assume responsibility for the accuracy, completeness or
fairness of the information contained in this Official Statement and is not obligated to
review or ensure compliance with the undertakings by the City to provide continuing
secondary market disclosure.
Public Resources Advisory Group, Inc., is an independent advisory firm and is not
engaged in the business of underwriting, trading or distributing municipal or other public
securities.
UNDERWRITING
The Series 2022 Bonds are being purchased by ________________ (the
"Underwriter"), subject to certain terms and conditions. The Underwriter has agreed to
purchase the Series 2022 Bonds at an aggregate purchase price of $______________
(which purchase price represents the $30,000,000.00* original principal amount of the
Series 2022 Bonds, plus/less net original issue premium/discount of $_____________,
less an Underwriter's discount of $____________). The Underwriter's obligations are
subject to certain conditions precedent described in the Official Notice of Sale and the
Underwriter will be obligated to purchase all of the Series 2022 Bonds. The Series 2022
Bonds may be offered and sold to certain dealers at prices lower than such offering
prices, and such public offering prices may be changed, from time to time, by the
Underwriter. All other information concerning the nature and terms of any reoffering
should be obtained from the Underwriter and not the City.
* Preliminary, subject to change.
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RATING
S&P Global Ratings has assigned an underlying rating of "___" (______ Outlook)
to the Series 2022 Bonds. Such rating reflects only the view of S&P Global Ratings at
the time such rating was issued and an explanation of the significance of such ratings may
be obtained from S&P Global Ratings. There is no assurance that such rating will
continue for any given period of time or that it will not be revised downward or
withdrawn entirely by S&P Global Ratings, if in its judgment, circumstances so warrant.
Any such downward revision or withdrawal of such rating can be expected to have an
adverse effect on the market price of the Series 2022 Bonds. An explanation of the
significance of the rating can be received from S&P Global Ratings.
FINANCIAL STATEMENTS
The combined financial statements of the City as of September 30, 2021, are
contained in the City's Annual Comprehensive Financial Report for the Fiscal Year ended
September 30, 2021, attached hereto as APPENDIX B, which financial statements have
been audited by Carr, Riggs & Ingram, LLC as stated in their report. The consent of
Carr, Riggs & Ingram, LLC to include in this Official Statement the aforementioned
report was not requested, and the general purpose financial statements of the City are
provided only as publicly available documents. Carr, Riggs & Ingram, LLC, the City's
independent auditor, has not been engaged to perform and has not performed, since the
date of its report included herein, any procedures on the financial statements addressed in
that report. Carr, Riggs & Ingram, LLC also has not performed any procedures relating
to this Official Statement.
DISCLOSURE REQUIRED BY FLORIDA BLUE SKY LAW
Pursuant to Section 517.051, Florida Statutes, as amended, no person may directly
or indirectly offer or sell securities of the City except by an offering circular containing
full and fair disclosure of all defaults as to principal or interest on its obligations since
December 31, 1975, as provided by rule of the Office of Financial Regulation within the
Florida Financial Services Commissioner (the "FFSC"). Pursuant to administrative
rulemaking, the FFSC has required the disclosure of the amounts and types of defaults,
any legal proceedings resulting from such defaults, whether a trustee or receiver has been
appointed over the assets of the City, and certain additional financial information, unless
the City believes in good faith that such information would not be considered material by
a reasonable investor. The City is not and has not been in default on any bond issued
since December 31, 1975 that would be considered material by a reasonable investor.
The City has not undertaken an independent review or investigation of securities
for which it has served as conduit issuer. The City does not believe that any information
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about any default on such securities is appropriate and would be considered material by a
reasonable investor in the Series 2022 Bonds because the City would not have been
obligated to pay the debt service on any such securities except from payments made to it
by the private companies on whose behalf such securities were issued, and no funds of
the City would have been pledged or used to pay such securities or the interest thereon.
CONTINUING DISCLOSURE
The City has covenanted for the benefit of the Series 2022 Bondholders to provide
certain financial information and operating data relating to the City and the Series 2022
Bonds in each year, and to provide notices of the occurrence of certain enumerated
material events. The City has agreed to file annual financial information and operating
data and its audited financial statements with each entity authorized and approved by the
SEC to act as a repository (each a "Repository") for purposes of complying with Rule
15c2-12 adopted by the SEC (the "Rule"). Effective July 1, 2009, the sole Repository is
the Municipal Securities Rulemaking Board. The City has agreed to file notices of
certain enumerated material events, when and if they occur, with the Repository.
The specific nature of the financial information, and of the type of events which
trigger a disclosure obligation, and other details of the undertaking are described in
"APPENDIX E – Form of Continuing Disclosure Agreement" attached hereto. The
Continuing Disclosure Agreement shall be executed by the City upon the issuance of the
Series 2022 Bonds. These covenants have been made in order to assist the Underwriter in
complying with the continuing disclosure requirements of the Rule.
With respect to the Series 2022 Bonds, no party other than the City is obligated to
provide, nor is expected to provide, any continuing disclosure information with respect to
the Rule. The City inadvertently failed to timely file the County's Annual Comprehensive
Financial Report for the Fiscal Year 2020 with respect to the City's continuing disclosure
undertakings entered into in connection with the Series 2002 Bonds. Upon realizing the
failure to comply, the City reported such circumstances in accordance with the
requirements of its continuing disclosure undertakings made with respect to the Rule and
cured such filing deficiency. The City does not believe that such failure to comply with
its continuing disclosure undertakings was material to bondholders. The City currently
utilizes Digital Assurance Certification, L.L.C., as dissemination agent for continuing
disclosure purposes.
MISCELLANEOUS
The references, excerpts and summaries of all documents referred to herein do not
purport to be complete statements of the provisions of such documents, and reference is
directed to all such documents for full and complete statements of all matters of fact
54
relating to the Series 2022 Bonds, the security for payment of the Series 2022 Bonds and
the rights and obligations of the owners thereof. Copies of such documents may be
obtained from the City at the office of the City Clerk, One Clearwater Tower, 6th Floor,
600 Cleveland Street, Clearwater, Florida 33755, telephone number (727) 562-4052.
The information contained in this Official Statement has been compiled from
official and other sources deemed to be reliable, and is believed to be correct as of this
date, but is not guaranteed as to accuracy or completeness by, and is not to be construed
as a representation by the Underwriter.
Any statements made in this Official Statement involving matters of opinion or of
estimates, whether or not so expressly stated, are set forth as such and not as
representations of fact, and no representation is made that any of the estimates will be
realized. The information and expressions of opinion herein are subject to change
without notice, and neither the delivery of this Official Statement nor any sale made
hereunder shall, under any circumstances, create any implication that there has been no
change in the affairs of the City since the date hereof.
CERTIFICATE CONCERNING THE OFFICIAL STATEMENT
Concurrently with the delivery of the Series 2022 Bonds, the City will furnish its
certificate, executed by its Mayor and the City Clerk, to the effect that, to the best of their
knowledge, this Official Statement as of its date and as of the date of the delivery of the
Series 2022 Bonds does not contain an untrue statement of a material fact and does not
omit any material fact which should be included therein for the purpose for which the
Official Statement is to be used, or which is necessary to make the statements contained
therein, in light of the circumstances under which they were made, not misleading.
[Remainder of page intentionally left blank]
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EXECUTION
The execution and delivery of this Official Statement by the Mayor and City
Manager of the City has been duly authorized by the City Council.
CITY OF CLEARWATER,
FLORIDA
By:
Mayor
By:
City Manager
APPENDIX A
GENERAL INFORMATION
RELATING TO THE CITY OF CLEARWATER, FLORIDA
APPENDIX B
AUDITED FINANCIAL STATEMENTS
FOR THE YEAR ENDED SEPTEMBER 30, 2021
APPENDIX C
COPIES OF BOND ORDINANCE AND RESOLUTION
APPENDIX D
FORM OF BOND COUNSEL OPINION
APPENDIX E
FORM OF CONTINUING DISCLOSURE AGREEMENT
CONTINUING DISCLOSURE AGREEMENT
This Continuing Disclosure Agreement (the "Disclosure Agreement"), dated as of
July __, 2022, is executed and delivered by and between the CITY OF
CLEARWATER, FLORIDA (the "Issuer") and DIGITAL ASSURANCE
CERTIFICATION, L.L.C., as exclusive Disclosure Dissemination Agent (the
"Disclosure Dissemination Agent" or "DAC") for the benefit of the Holders (hereinafter
defined) of the Bonds (hereinafter defined) and in order to assist _________________
(the "Underwriter") in processing certain continuing disclosure with respect to the Bonds
in accordance with Rule 15c2-12 of the United States Securities and Exchange
Commission under the Securities Exchange Act of 1934, as the same may be amended
from time to time (the "Rule").
The services provided under this Disclosure Agreement solely relate to the
execution of instructions received from the Issuer through use of the DAC system and do
not constitute "advice" within the meaning of the Dodd-Frank Wall Street Reform and
Consumer Protection Act (the "Act"). DAC will not provide any advice or
recommendation to the Issuer or anyone on the Issuer’s behalf regarding the "issuance of
municipal securities" or any "municipal financial product" as defined in the Act and
nothing in this Disclosure Agreement shall be interpreted to the contrary. DAC is not a
"Municipal Advisor" as such term is defined in Section 15B of the Securities Exchange
Act of 1934, as amended, and related rules.
SECTION 1. Definitions. Capitalized terms not otherwise defined in this
Disclosure Agreement shall have the meaning assigned in the Rule or, to the extent not in
conflict with the Rule, in the Official Statement (hereinafter defined). The capitalized
terms shall have the following meanings:
"Annual Filing Date" means the date, set in Sections 2(a) and 2(f) hereof,
by which the Annual Report is to be filed with the MSRB.
"Annual Financial Information" means annual financial information as such
term is used in paragraph (b)(5)(i) of the Rule and specified in Section 3(a) of this
Disclosure Agreement.
"Annual Report" means an Annual Report containing Annual Financial
Information as described in and consistent with Section 3 of this Disclosure
Agreement.
"Audited Financial Statements" means the annual financial statements of
the Issuer for the prior fiscal year, certified by an independent auditor as prepared
in accordance with generally accepted accounting principles, or otherwise, as such
term is used in paragraph (b)(5)(i)(B) of the Rule and specified in Section 3(b) of
this Disclosure Agreement.
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"Bonds" means the bonds as listed on the attached Exhibit A, with the 9-
digit CUSIP numbers relating thereto.
"Certification" means a written certification of compliance signed by the
Disclosure Representative stating that the Annual Report, Audited Financial
Statements, Notice Event notice, Failure to File Event notice, Voluntary Event
Disclosure or Voluntary Financial Disclosure delivered to the Disclosure
Dissemination Agent is the Annual Report, Audited Financial Statements, Notice
Event notice, Failure to File Event notice, Voluntary Event Disclosure or
Voluntary Financial Disclosure required to be submitted to the MSRB under this
Disclosure Agreement. A Certification shall accompany each such document
submitted to the Disclosure Dissemination Agent by the Issuer and include the full
name of the Bonds and the 9-digit CUSIP numbers for all Bonds to which the
document applies.
"Disclosure Dissemination Agent" means Digital Assurance Certification,
L.L.C., acting in its capacity as Disclosure Dissemination Agent hereunder, or any
successor Disclosure Dissemination Agent designated in writing by the Issuer
pursuant to Section 9 hereof.
"Disclosure Representative" means the Finance Director or Assistant
Finance Director of the Issuer or his or her designee, or such other person as the
Issuer shall designate in writing to the Disclosure Dissemination Agent from time
to time as the person responsible for providing Information to the Disclosure
Dissemination Agent.
"Failure to File Event" means the Issuer’s failure to file an Annual Report
on or before the Annual Filing Date.
"Financial Obligation" as used in this Disclosure Agreement is defined in
the Rule as (i) a debt obligation; (ii) derivative instrument entered into in
connection with, or pledged as a security or a source of payment for, an existing or
planned debt obligation; or (iii) guarantee of (i) or (ii). The term "Financial
Obligation" shall not include municipal securities as to which a final official
statement has been provided to the MSRB consistent with the Rule.
"Force Majeure Event" means: (i) acts of God, war, or terrorist action; (ii)
failure or shut-down of the Electronic Municipal Market Access system
maintained by the MSRB; or (iii) to the extent beyond the Disclosure
Dissemination Agent’s reasonable control, interruptions in telecommunications or
utilities services, failure, malfunction or error of any telecommunications,
computer or other electrical, mechanical or technological application, service or
system, computer virus, interruptions in Internet service or telephone service
(including due to a virus, electrical delivery problem or similar occurrence) that
3
affect Internet users generally, or in the local area in which the Disclosure
Dissemination Agent or the MSRB is located, or acts of any government,
regulatory or any other competent authority the effect of which is to prohibit the
Disclosure Dissemination Agent from performance of its obligations under this
Disclosure Agreement.
"Holder" means any person (a) having the power, directly or indirectly, to
vote or consent with respect to, or to dispose of ownership of, any Bonds
(including persons holding Bonds through nominees, depositories or other
intermediaries) or (b) treated as the owner of any Bonds for federal income tax
purposes.
"Information" means, collectively, the Annual Reports, the Audited
Financial Statements, the Notice Event notices, the Failure to File Event notices,
the Voluntary Event Disclosures and the Voluntary Financial Disclosures.
"MSRB" means the Municipal Securities Rulemaking Board, or any
successor thereto, established pursuant to Section 15B(b)(1) of the Securities
Exchange Act of 1934.
"Notice Event" means any of the events enumerated in paragraph
(b)(5)(i)(C) of the Rule and listed in Section 4(a) of this Disclosure Agreement.
"Obligated Person" means any person, including the Issuer, who is either
generally or through an enterprise, fund, or account of such person committed by
contract or other arrangement to support payment of all, or part of the obligations
on the Bonds (other than providers of municipal bond insurance, letters of credit,
or other liquidity facilities), as shown on Exhibit A.
"Official Statement" means the Official Statement prepared in connection
with the issuance of the Bonds.
"Voluntary Event Disclosure" means information that is accompanied by a
Certification of the Disclosure Representative containing the information
prescribed by Section 7(a) of this Disclosure Agreement.
"Voluntary Financial Disclosure" means information that is accompanied
by a Certification of the Disclosure Representative containing the information
prescribed by Section 7(b) of this Disclosure Agreement.
SECTION 2. Provision of Annual Reports.
(a) The Issuer shall provide, annually, an electronic copy of the Annual Report
and Certification to the Disclosure Dissemination Agent not later than the Annual Filing
Date. Promptly upon receipt of an electronic copy of the Annual Report and the
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Certification, the Disclosure Dissemination Agent shall provide an Annual Report to the
MSRB not later than April 30 following the end of each fiscal year of the Issuer,
commencing with the fiscal year ending September 30, 2022. Such date and each
anniversary thereof is the Annual Filing Date. The Annual Report may be submitted as a
single document or as separate documents comprising a package, and may
cross-reference other information as provided in Section 3 of this Disclosure Agreement.
(b) If on the fifteenth (15th) day prior to the Annual Filing Date, the Disclosure
Dissemination Agent has not received a copy of the Annual Report and Certification, the
Disclosure Dissemination Agent shall contact the Disclosure Representative by telephone
and in writing (which may be by e-mail) to remind the Issuer of its undertaking to
provide the Annual Report pursuant to Section 2(a). Upon such reminder, the Disclosure
Representative shall either (i) provide the Disclosure Dissemination Agent with an
electronic copy of the Annual Report and the Certification no later than two (2) business
days prior to the Annual Filing Date, or (ii) instruct the Disclosure Dissemination Agent
in writing that the Issuer will not be able to file the Annual Report within the time
required under this Disclosure Agreement, state the date by which the Annual Report for
such year will be provided and instruct the Disclosure Dissemination Agent to
immediately send a Failure to File Event notice to the MSRB in substantially the form
attached as Exhibit B, which may be accompanied by a cover sheet completed by the
Disclosure Dissemination Agent in the form set forth in Exhibit C-1.
(c) If the Disclosure Dissemination Agent has not received an Annual Report
and Certification by 10:00 a.m. Eastern time on the Annual Filing Date (or, if such
Annual Filing Date falls on a Saturday, Sunday or holiday, then the first business day
thereafter) for the Annual Report, a Failure to File Event shall have occurred and the
Issuer irrevocably directs the Disclosure Dissemination Agent to immediately send a
Failure to File Event notice to the MSRB in substantially the form attached as Exhibit B
without reference to the anticipated filing date for the Annual Report, which may be
accompanied by a cover sheet completed by the Disclosure Dissemination Agent in the
form set forth in Exhibit C-1.
(d) If Audited Financial Statements of the Issuer are prepared but not available
prior to the Annual Filing Date, the Issuer shall, when the Audited Financial Statements
are available, provide at such time an electronic copy to the Disclosure Dissemination
Agent, accompanied by a Certification, for filing with the MSRB.
(e) The Disclosure Dissemination Agent shall:
(i) verify the filing specifications of the MSRB each year prior to the
Annual Filing Date;
(ii) upon receipt, promptly file each Annual Report received under
Sections 2(a) and 2(b) hereof with the MSRB;
5
(iii) upon receipt, promptly file each Audited Financial Statement
received under Section 2(d) hereof with the MSRB;
(iv) upon receipt, promptly file the text of each Notice Event received
under Sections 4(a) and 4(b)(ii) hereof with the MSRB, identifying the Notice
Event as instructed by the Issuer pursuant to Section 4(a) or 4(b)(ii) hereof (being
any of the categories set forth below) when filing pursuant to Section 4(c) of this
Disclosure Agreement:
1. "Principal and interest payment delinquencies;"
2. "Non-Payment related defaults, if material;"
3. "Unscheduled draws on debt service reserves reflecting
financial difficulties;"
4. "Unscheduled draws on credit enhancements reflecting
financial difficulties;"
5. "Substitution of credit or liquidity providers, or their failure to
perform;"
6. "Adverse tax opinions, IRS notices or events affecting the tax
status of the security;"
7. "Modifications to rights of securities holders, if material;"
8. "Bond calls, if material, and tender offers;"
9. "Defeasances;"
10. "Release, substitution, or sale of property securing repayment
of the securities, if material;"
11. "Rating changes;"
12. "Bankruptcy, insolvency, receivership or similar event of the
obligated person;"
13. "Merger, consolidation, or acquisition of the obligated person,
if material;"
14. "Appointment of a successor or additional trustee, or the
change of name of a trustee, if material;"
6
15. "Incurrence of a Financial Obligation of the obligated person,
if material, or agreement to covenants, events of default,
remedies, priority rights, or other similar terms of a Financial
Obligation of the obligated person, any of which affect
security holders, if material;"
16. "Default, event of acceleration, termination event,
modification of terms, or other similar events under the terms
of a Financial Obligation of the obligated person, any of
which reflect financial difficulties;" and
(v) upon receipt (or irrevocable direction pursuant to Section 2(c) of this
Disclosure Agreement, as applicable), promptly file a completed copy of Exhibit
B to this Disclosure Agreement with the MSRB, identifying the filing as "Failure
to provide annual financial information as required" when filing pursuant to
Section 2(b)(ii) or Section 2(c) of this Disclosure Agreement;
(f) The Issuer may adjust the Annual Filing Date upon change of its fiscal year
by providing written notice of such change and the new Annual Filing Date to the
Disclosure Dissemination Agent and the MSRB, provided that the period between the
existing Annual Filing Date and new Annual Filing Date shall not exceed one year.
(g) Anything in this Disclosure Agreement to the contrary notwithstanding, any
Information received by the Disclosure Dissemination Agent before 10:00 a.m. Eastern
time on any business day that it is required to file with the MSRB pursuant to the terms of
this Disclosure Agreement and that is accompanied by a Certification and all other
information required by the terms of this Disclosure Agreement will be filed by the
Disclosure Dissemination Agent with the MSRB no later than 11:59 p.m. Eastern time on
the same business day; provided, however, the Disclosure Dissemination Agent shall
have no liability for any delay in filing with the MSRB if such delay is caused by a Force
Majeure Event provided that the Disclosure Dissemination Agent uses reasonable efforts
to make any such filing as soon as possible.
SECTION 3. Content of Annual Reports.
(a) Each Annual Report shall contain Annual Financial Information with
respect to the Issuer, including the financial information and operating data of the type
included with respect to the Issuer, in the Official Statement, including, but not limited to
updates of the historical financial information set forth in the Official Statement under the
subcaptions "OTHER FINANCIAL INFORMATION – Historical Non-Ad Valorem
Revenues," and "– Historical Governmental Funds" for the then-immediately preceding
five fiscal years.
7
(b) Audited Financial Statements will be included in the Annual Report. If
Audited Financial Statements are not available, then unaudited financial statements,
prepared in accordance with GAAP will be included in the Annual Report. In such event,
Audited Financial Statements (if any) will be provided pursuant to Section 2(d).
Any or all of the items listed above may be included by specific reference from
other documents, including official statements of debt issues with respect to which the
Issuer is an "obligated person" (as defined by the Rule), which have been previously filed
with the Securities and Exchange Commission or available on the MSRB Internet
Website. If the document incorporated by reference is a final official statement, it must
be available from the MSRB. The Issuer will clearly identify each such document so
incorporated by reference.
If the Annual Financial Information contains modified operating data or financial
information different from the Annual Financial Information agreed to in this continuing
disclosure undertaking related to the Bonds, the Issuer is required to explain, in narrative
form, the reasons for the modification and the impact of the change in the type of
operating data or financial information being provided.
SECTION 4. Reporting of Notice Events.
(a) The occurrence of any of the following events with respect to the Bonds
constitutes a Notice Event:
1. Principal and interest payment delinquencies;
2. Non-payment related defaults, if material;
3. Unscheduled draws on debt service reserves reflecting financial
difficulties;
4. Unscheduled draws on credit enhancements reflecting financial
difficulties;
5. Substitution of credit or liquidity providers, or their failure to
perform;
6. Adverse tax opinions, the issuance by the Internal Revenue Service
of proposed or final determinations of taxability, Notices of
Proposed Issue (IRS Form 5701-TEB) or other material notices or
determinations with respect to the tax status of the Bonds, or other
material events affecting the tax status of the Bonds;
7. Modifications to rights of Bond holders, if material;
8
8. Bond calls, if material, and tender offers;
9. Defeasances;
10. Release, substitution, or sale of property securing repayment of the
Bonds, if material;
11. Rating changes;
12. Bankruptcy, insolvency, receivership or similar event of the
Obligated Person;
Note to subsection (a)(12) of this Section 4: For the
purposes of the event described in subsection (a)(12) of this
Section 4, the event is considered to occur when any of the
following occur: the appointment of a receiver, fiscal agent or
similar officer for an Obligated Person in a proceeding under
the U.S. Bankruptcy Code or in any other proceeding under
state or federal law in which a court or governmental
authority has assumed jurisdiction over substantially all of the
assets or business of the Obligated Person, or if such
jurisdiction has been assumed by leaving the existing
governing body and officials or officers in possession but
subject to the supervision and orders of a court or
governmental authority, or the entry of an order confirming a
plan of reorganization, arrangement or liquidation by a court
or governmental authority having supervision or jurisdiction
over substantially all of the assets or business of the
Obligated Person.
13. The consummation of a merger, consolidation, or acquisition
involving an Obligated Person or the sale of all or substantially all of
the assets of the Obligated Person, other than in the ordinary course
of business, the entry into a definitive agreement to undertake such
an action or the termination of a definitive agreement relating to any
such actions, other than pursuant to its terms, if material;
14. Appointment of a successor or additional trustee or the change of
name of a trustee, if material;
15. Incurrence of a Financial Obligation of the Borrower, if material, or
agreement to covenants, events of default, remedies, priority rights,
or other similar terms of a Financial Obligation of the Borrower, any
of which affect security holders, if material; and
9
16. Default, event of acceleration, termination event, modification of
terms, or other similar events under the terms of a Financial
Obligation of the Borrower, any of which reflect financial
difficulties.
The Issuer shall, in a timely manner not later than nine (9) business days after its
occurrence, notify the Disclosure Dissemination Agent in writing of the occurrence of a
Notice Event. Such notice shall instruct the Disclosure Dissemination Agent to report the
occurrence pursuant to subsection (c) and shall be accompanied by a Certification. Such
notice or Certification shall identify the Notice Event that has occurred (which shall be
any of the categories set forth in Section 2(e)(iv) of this Disclosure Agreement), include
the text of the disclosure that the Issuer desires to make, contain the written authorization
of the Issuer for the Disclosure Dissemination Agent to disseminate such information,
and identify the date the Issuer desires for the Disclosure Dissemination Agent to
disseminate the information (provided that such date is not later than the tenth business
day after the occurrence of the Notice Event).
(b) The Disclosure Dissemination Agent is under no obligation to notify the
Issuer or the Disclosure Representative of an event that may constitute a Notice Event. In
the event the Disclosure Dissemination Agent so notifies the Disclosure Representative,
the Disclosure Representative will within two business days of receipt of such notice (but
in any event not later than the tenth business day after the occurrence of the Notice Event,
if the Issuer determines that a Notice Event has occurred), instruct the Disclosure
Dissemination Agent that either (i) a Notice Event has not occurred and no filing is to be
made or (ii) a Notice Event has occurred and the Disclosure Dissemination Agent is to
report the occurrence pursuant to subsection (c) of this Section 4, together with a
Certification. Such Certification shall identify the Notice Event that has occurred (which
shall be any of the categories set forth in Section 2(e)(iv) of this Disclosure Agreement),
include the text of the disclosure that the Issuer desires to make, contain the written
authorization of the Issuer for the Disclosure Dissemination Agent to disseminate such
information, and identify the date the Issuer desires for the Disclosure Dissemination
Agent to disseminate the information (provided that such date is not later than the tenth
business day after the occurrence of the Notice Event).
(c) If the Disclosure Dissemination Agent has been instructed by the Issuer as
prescribed in subsection (a) or (b)(ii) of this Section 4 to report the occurrence of a Notice
Event, the Disclosure Dissemination Agent shall promptly file a notice of such
occurrence with MSRB in accordance with Section 2 (e)(iv) hereof. This notice may be
filed with a cover sheet completed by the Disclosure Dissemination Agent in the form set
forth in Exhibit C-1.
SECTION 5. CUSIP Numbers. The Issuer will provide the Dissemination
Agent with the CUSIP numbers for (i) new bonds at such time as they are issued or
become subject to the Rule and (ii) any Bonds to which new CUSIP numbers are
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assigned in substitution for the CUSIP numbers previously assigned to such Bonds;
provided, however, that a failure to do so shall not be a breach by the Issuer of this
Disclosure Agreement.
SECTION 6. Additional Disclosure Obligations. The Issuer acknowledges
and understands that other state and federal laws, including but not limited to the
Securities Act of 1933 and Rule 10b-5 promulgated under the Securities Exchange Act of
1934, may apply to the Issuer, and that the duties and responsibilities of the Disclosure
Dissemination Agent under this Disclosure Agreement do not extend to providing legal
advice regarding such laws. The Issuer acknowledges and understands that the duties of
the Disclosure Dissemination Agent relate exclusively to execution of the mechanical
tasks of disseminating information as described in this Disclosure Agreement.
SECTION 7. Voluntary Filing.
(a) The Issuer may instruct the Disclosure Dissemination Agent to file a
Voluntary Event Disclosure with the MSRB from time to time pursuant to a Certification
of the Disclosure Representative. Such Certification shall identify the Voluntary Event
Disclosure, include the text of the disclosure that the Issuer desires to make, contain the
written authorization of the Issuer for the Disclosure Dissemination Agent to disseminate
such information, and identify the date the Issuer desires for the Disclosure
Dissemination Agent to disseminate the information. If the Disclosure Dissemination
Agent has been instructed by the Issuer as prescribed in this Section 7(a) to file a
Voluntary Event Disclosure, the Disclosure Dissemination Agent shall promptly file such
Voluntary Event Disclosure with the MSRB. This notice may be filed with a cover sheet
completed by the Disclosure Dissemination Agent in the form set forth in Exhibit C-2.
(b) The Issuer may instruct the Disclosure Dissemination Agent to file a
Voluntary Financial Disclosure with the MSRB from time to time pursuant to a
Certification of the Disclosure Representative. Such Certification shall identify the
Voluntary Financial Disclosure, include the text of the disclosure that the Issuer desires to
make, contain the written authorization of the Issuer for the Disclosure Dissemination
Agent to disseminate such information, and identify the date the Issuer desires for the
Disclosure Dissemination Agent to disseminate the information. If the Disclosure
Dissemination Agent has been instructed by the Issuer as prescribed in this Section 7(b)
hereof to file a Voluntary Financial Disclosure, the Disclosure Dissemination Agent shall
promptly file such Voluntary Financial Disclosure with the MSRB. This notice may be
filed with a cover sheet completed by the Disclosure Dissemination Agent in the form set
forth in Exhibit C-3.
The parties hereto acknowledge that the Issuer is not obligated pursuant to the
terms of this Disclosure Agreement to file any Voluntary Event Disclosure pursuant to
Section 7(a) hereof or any Voluntary Financial Disclosure pursuant to Section 7(b)
hereof.
11
Nothing in this Disclosure Agreement shall be deemed to prevent the Issuer from
disseminating any other information through the Disclosure Dissemination Agent using
the means of dissemination set forth in this Disclosure Agreement or including any other
information in any Annual Report, Audited Financial Statements, Notice Event notice,
Failure to File Event notice, Voluntary Event Disclosure or Voluntary Financial
Disclosure, in addition to that required by this Disclosure Agreement. If the Issuer
chooses to include any information in any Annual Report, Audited Financial Statements,
Notice Event notice, Failure to File Event notice, Voluntary Event Disclosure or
Voluntary Financial Disclosure in addition to that which is specifically required by this
Disclosure Agreement, the Issuer shall have no obligation under this Disclosure
Agreement to update such information or include it in any future Annual Report, Audited
Financial Statements, Notice Event notice, Failure to File Event notice, Voluntary Event
Disclosure or Voluntary Financial Disclosure.
SECTION 8. Termination of Reporting Obligation. The obligations of the
Issuer and the Disclosure Dissemination Agent under this Disclosure Agreement shall
terminate with respect to the Bonds upon the legal defeasance, prior redemption or
payment in full of all of the Bonds, when the Issuer is no longer an obligated person with
respect to the Bonds, or upon delivery by the Disclosure Representative to the Disclosure
Dissemination Agent of an opinion of counsel expert in federal securities laws to the
effect that continuing disclosure is no longer required.
SECTION 9 . Disclosure Dissemination Agent. The Issuer has appointed
Digital Assurance Certification, L.L.C. as exclusive Disclosure Dissemination Agent
under this Disclosure Agreement. The Issuer may, upon thirty days written notice to the
Disclosure Dissemination Agent, replace or appoint a successor Disclosure
Dissemination Agent. Upon termination of DAC’s services as Disclosure Dissemination
Agent, whether by notice of the Issuer or DAC, the Issuer agrees to appoint a successor
Disclosure Dissemination Agent or, alternately, agrees to assume all responsibilities of
Disclosure Dissemination Agent under this Disclosure Agreement for the benefit of the
Holders of the Bonds. Notwithstanding any replacement or appointment of a successor,
the Issuer shall remain liable to the Disclosure Dissemination Agent until payment in full
for any and all sums owed and payable to the Disclosure Dissemination Agent. The
Disclosure Dissemination Agent may resign at any time by providing thirty days’ prior
written notice to the Issuer.
SECTION 10. Remedies in Event of Default. In the event of a failure of the
Issuer or the Disclosure Dissemination Agent to comply with any provision of this
Disclosure Agreement, the Holders’ rights to enforce the provisions of this Agreement
shall be limited solely to a right, by action in mandamus or for specific performance, to
compel performance of the parties' obligation under this Disclosure Agreement. Any
failure by a party to perform in accordance with this Disclosure Agreement shall not
12
constitute a default on the Bonds or under any other document relating to the Bonds, and
all rights and remedies shall be limited to those expressly stated herein.
SECTION 11. Duties, Immunities and Liabilities of Disclosure
Dissemination Agent.
(a) The Disclosure Dissemination Agent shall have only such duties as are
specifically set forth in this Disclosure Agreement. The Disclosure Dissemination
Agent’s obligation to deliver the information at the times and with the contents described
herein shall be limited to the extent the Issuer has provided such information to the
Disclosure Dissemination Agent as required by this Disclosure Agreement. The
Disclosure Dissemination Agent shall have no duty with respect to the content of any
disclosures or notice made pursuant to the terms hereof. The Disclosure Dissemination
Agent shall have no duty or obligation to review or verify any Information or any other
information, disclosures or notices provided to it by the Issuer and shall not be deemed to
be acting in any fiduciary capacity for the Issuer, the Holders of the Bonds or any other
party. The Disclosure Dissemination Agent shall have no responsibility for the Issuer’s
failure to report to the Disclosure Dissemination Agent a Notice Event or a duty to
determine the materiality thereof. The Disclosure Dissemination Agent shall have no
duty to determine, or liability for failing to determine, whether the Issuer has complied
with this Disclosure Agreement. The Disclosure Dissemination Agent may conclusively
rely upon Certifications of the Issuer at all times.
The obligations of the Issuer under this Section shall survive resignation or
removal of the Disclosure Dissemination Agent and defeasance, redemption or payment
of the Bonds.
(b) The Disclosure Dissemination Agent may, from time to time, consult with
legal counsel (either in-house or external) of its own choosing in the event of any
disagreement or controversy, or question or doubt as to the construction of any of the
provisions hereof or its respective duties hereunder, and shall not incur any liability and
shall be fully protected in acting in good faith upon the advice of such legal counsel. The
reasonable fees and expenses of such counsel shall be payable by the Issuer.
(c) All documents, reports, notices, statements, information and other materials
provided to the MSRB under this Agreement shall be provided in an electronic format
and accompanied by identifying information as prescribed by the MSRB.
SECTION 12. Amendment; Waiver. Notwithstanding any other provision
of this Disclosure Agreement, the Issuer and the Disclosure Dissemination Agent may
amend this Disclosure Agreement and any provision of this Disclosure Agreement may
be waived, if such amendment or waiver is supported by an opinion of counsel expert in
federal securities laws acceptable to both the Issuer and the Disclosure Dissemination
Agent to the effect that such amendment or waiver does not materially impair the
13
interests of Holders of the Bonds and would not, in and of itself, cause the undertakings
herein to violate the Rule if such amendment or waiver had been effective on the date
hereof but taking into account any subsequent change in or official interpretation of the
Rule; provided neither the Issuer or the Disclosure Dissemination Agent shall be
obligated to agree to any amendment modifying their respective duties or obligations
without their consent thereto.
Notwithstanding the preceding paragraph, the Disclosure Dissemination Agent
shall have the right to adopt amendments to this Disclosure Agreement necessary to
comply with modifications to and interpretations of the provisions of the Rule as
announced by the Securities and Exchange Commission from time to time by giving not
less than 20 days written notice of the intent to do so together with a copy of the proposed
amendment to the Issuer. No such amendment shall become effective if the Issuer shall,
within 10 days following the giving of such notice, send a notice to the Disclosure
Dissemination Agent in writing that it objects to such amendment.
SECTION 13. Beneficiaries. This Disclosure Agreement shall inure solely
to the benefit of the Issuer, the Disclosure Dissemination Agent, the Underwriter, and the
Holders from time to time of the Bonds, and shall create no rights in any other person or
entity.
SECTION 14. Governing Law. This Disclosure Agreement shall be
governed by and construed in accordance with the laws of the State of Florida without
regard to any conflict of laws provisions thereof.
SECTION 15. Counterparts. This Disclosure Agreement may be executed in
several counterparts, each of which shall be an original and all of which shall constitute
but one and the same instrument.
14
The Disclosure Dissemination Agent and the Issuer have caused this Continuing
Disclosure Agreement to be executed, on the date first written above, by their respective
officers duly authorized.
DIGITAL ASSURANCE CERTIFICATION
L.L.C., as Disclosure Dissemination Agent
By:
Name:
Title:
CITY OF CLEARWATER, FLORIDA, as
Issuer
By:
Name:
Title:
A-1
EXHIBIT A
NAME AND CUSIP NUMBERS OF BONDS
Name of Issuer City of Clearwater, Florida
Obligated Person(s) City of Clearwater, Florida
Name of Bond Issue: City of Clearwater, Florida Non-Ad Valorem Revenue
Bonds, Series 2022 (Imagine Clearwater Improvements)
Date of Issuance: July __, 2022
Date of Official Statement July __, 2022
CUSIP Numbers:
B-1
EXHIBIT B
NOTICE TO MSRB OF FAILURE TO FILE ANNUAL REPORT
Name of Issuer City of Clearwater, Florida
Obligated Person(s) City of Clearwater, Florida
Name of Bond Issue: City of Clearwater, Florida Non-Ad Valorem Revenue
Bonds, Series 2022 (Imagine Clearwater Improvements)
Date of Issuance: July __, 2022
Date of Official Statement July __, 2022
CUSIP Numbers:
NOTICE IS HEREBY GIVEN that the Issuer has not provided an Annual Report
with respect to the above-named Bonds as required by the Disclosure Agreement between
the Issuer and Digital Assurance Certification, L.L.C., as Disclosure Dissemination
Agent. The Issuer has notified the Disclosure Dissemination Agent that it anticipates that
the Annual Report will be filed by ______________.
Dated: _____________________________
Digital Assurance Certification, L.L.C., as
Disclosure Dissemination Agent, on behalf of
the Issuer
______________________________________
cc:
C-1-1
EXHIBIT C-1
EVENT NOTICE COVER SHEET
This cover sheet and accompanying "event notice" may be sent to the MSRB, pursuant to
Securities and Exchange Commission Rule 15c2-12(b)(5)(i)(C) and (D).
Issuer’s and/or Other Obligated Person’s Name:
City of Clearwater, Florida
Issuer’s Six-Digit CUSIP Number:
_______________________________________________________________________
_______________________________________________________________________
or Nine-Digit CUSIP Number(s) of the bonds to which this event notice relates:
_______________________________________________________________________
Number of pages attached: _____
____ Description of Notice Events (Check One):
1. "Principal and interest payment delinquencies;"
2. "Non-Payment related defaults, if material;"
3. "Unscheduled draws on debt service reserves reflecting financial
difficulties;"
4. "Unscheduled draws on credit enhancements reflecting financial
difficulties;"
5. "Substitution of credit or liquidity providers, or their failure to perform;"
6. "Adverse tax opinions, IRS notices or events affecting the tax status of the
security;"
7. "Modifications to rights of securities holders, if material;"
8. "Bond calls, if material, and tender offers;"
9. "Defeasances;"
10. "Release, substitution, or sale of property securing repayment of the
securities, if material;"
11. "Rating changes;"
12. "Bankruptcy, insolvency, receivership or similar event of the obligated
person;"
13. "Merger, consolidation, or acquisition of the obligated person, if material;"
14. "Appointment of a successor or additional trustee, or the change of name of
a trustee, if material;"
15. "Incurrence of a Financial Obligation of the obligated person, if material, or
agreement to covenants, events of default, remedies, priority rights, or other
similar terms of a Financial Obligation of the obligated person, any of which affect
security holders, if material;" and
C-1-2
16. "Default, event of acceleration, termination event, modification of terms, or
other similar events under the terms of a Financial Obligation of the obligated
person, any of which reflect financial difficulties."
____ Failure to provide annual financial information as required.
I hereby represent that I am authorized by the Issuer or its agent to distribute this
information publicly:
Signature:
_______________________________________________________________________
Name: ___________________________ Title: _________________________________
Digital Assurance Certification, L.L.C.
315 E. Robinson Street
Suite 300
Orlando, FL 32801
407-515-1100
Date:
C-2-1
EXHIBIT C-2
VOLUNTARY EVENT DISCLOSURE COVER SHEET
This cover sheet and accompanying "voluntary event disclosure" may be sent to the
MSRB, pursuant to the Disclosure Dissemination Agent Agreement dated as of
July __, 2022 between the Issuer and DAC.
Issuer’s and/or Other Obligated Person’s Name:
City of Clearwater, Florida
Issuer’s Six-Digit CUSIP Number:
_______________________________________________________________________
_______________________________________________________________________
or Nine-Digit CUSIP Number(s) of the bonds to which this notice relates:
_______________________________________________________________________
Number of pages attached: _____
____ Description of Voluntary Event Disclosure:
I hereby represent that I am authorized by the Issuer or its agent to distribute this
information publicly:
Signature:
_______________________________________________________________________
Name: ___________________________ Title: _________________________________
Digital Assurance Certification, L.L.C.
315 E. Robinson Street
Suite 300
Orlando, FL 32801
407-515-1100
Date:
C-3-1
EXHIBIT C-3
VOLUNTARY FINANCIAL DISCLOSURE COVER SHEET
This cover sheet and accompanying "voluntary financial disclosure" may be sent to the
MSRB, pursuant to the Disclosure Dissemination Agent Agreement dated as of
July __, 2022, between the Issuer and DAC.
Issuer’s and/or Other Obligated Person’s Name:
City of Clearwater, Florida
Issuer’s Six-Digit CUSIP Number:
_______________________________________________________________________
_______________________________________________________________________
or Nine-Digit CUSIP Number(s) of the bonds to which this notice relates:
_______________________________________________________________________
Number of pages attached: _____
____ Description of Voluntary Financial Disclosure:
I hereby represent that I am authorized by the Issuer or its agent to distribute this
information publicly:
Signature:
_______________________________________________________________________
Name: ___________________________ Title: _________________________________
Digital Assurance Certification, L.L.C.
315 E. Robinson Street
Suite 300
Orlando, FL 32801
407-515-1100
Date:
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#22-0485
Agenda Date: 6/13/2022 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Engineering Department
Agenda Number: 7.1
SUBJECT/RECOMMENDATION:
Award a construction contract to Poole and Kent Company of Florida, of Tampa, FL, for
Marshall Street Water Reclamation Facility (MS WRF) Process Control Gates Repairs in the
amount of $3,161,578.20 pursuant to Invitation to Bid (ITB) 18-0047-UT; approve Supplemental
Work Order 2 to Brown and Caldwell for Construction Engineering Services in the amount of
$275,770, increasing the work order from $156,788 to $432,558, pursuant to Request for
Qualifications (RFQ) 26-19, Engineer of Record Consulting Services (EOR); and authorize the
appropriate officials to execute same. (consent)
SUMMARY:
The MS WRF Process Control Gates project involves replacing existing slide gates within
aeration basins 4 through 13. While the basins are isolated and drained for gate replacement,
all accumulated grit will be removed, damaged or missing elements of the diffused air system
will be replaced, and structural defects within the basins will be repaired.
Engineering issued ITB 18-0047-UT which closed on April 27, 2022. Poole & Kent Company of
Florida was the lowest responsible bid received in accordance with the plans and
specifications. EOR Brown and Caldwell evaluated the bids and recommends awarding the
contract to Poole & Kent.
February 7, 2019, City Council approved an initial work order to Brown and Caldwell for design
and bidding services for the repair of the existing slide gates within aeration basins 4 through 13
at the MS WRF in the amount of $142,535.
During the design effort, supplemental information from the Wastewater Collection System
Master Plan Project (17-0006-UT) led to a need to increase the number of gates requiring
replacement, requiring additional design. August 3, 2021, City Manager approved $14,253
supplemental 1 work order to Brown and Caldwell for design of the additional gates.
Supplemental 2 work order is for construction phase services in the amount of $275,770, for a
new work order value of $432,558.
Construction duration is 330 consecutive calendar days after issuance of Notice to Proceed.
The City of Clearwater’s Public Utilities Department is responsible for owning, operating, and
maintaining the MS WRF.
APPROPRIATION CODE AND AMOUNT:
3217321-530100-96213 $ 275,770.00
3217321-546700-96213 $3,161,578.20
Funds are available in capital improvement project 96213, Marshall Street Upgrade Rollup, to
fund the contract and supplemental work order.
Page 1 City of Clearwater Printed on 6/9/2022
DBE NO DBE NO DBE NO
Item #Description Unit Qty Unit
Price
Total
Amount
Unit
Price
Total
Amount
Unit
Price
Total
Amount
1 Mobilization and Demobilization LS 1 140,000.00$ 140,000.00$ 250,000.00$ 250,000.00$ 220,000.00$ 220,000.00$
2 Process Control Gates EA 30 44,000.00$ 1,320,000.00$ 45,000.00$ 1,350,000.00$ 71,000.00$ 2,130,000.00$
3 Drainage Piping LS 1 250,000.00$ 250,000.00$ 200,000.00$ 200,000.00$ 225,000.00$ 225,000.00$
4 Structural Patch Repairs SF 20 2,225.00$ 44,500.00$ 1,000.00$ 20,000.00$ 4,300.00$ 86,000.00$
5 Crack Repair/T-Beam Repairs LF 90 496.00$ 44,640.00$ 200.00$ 18,000.00$ 2,100.00$ 189,000.00$
6 Membrane Disc Diffuser Replacement EA 150 45.00$ 6,750.00$ 250.00$ 37,500.00$ 450.00$ 67,500.00$
7 Air Piping and Appurtenances Replacement LF 100 115.00$ 11,500.00$ 150.00$ 15,000.00$ 300.00$ 30,000.00$
8 Air Piping Support Replacement EA 20 375.00$ 7,500.00$ 700.00$ 14,000.00$ 650.00$ 13,000.00$
9 Grit Removal CYD 630 209.00$ 131,670.00$ 175.00$ 110,250.00$ 1,150.00$ 724,500.00$
10 Bypass Pumping LS 1 917,602.00$ 917,602.00$ 1,810,000.00$ 1,810,000.00$ 1,372,000.00$ 1,372,000.00$
Subtotal 2,874,162.00$ 3,824,750.00$ 5,057,000.00$
11 Owner’s Contingency (10%)LS 1 287,416.20$ 287,416.20$ 382,475.00$ 382,475.00$ 505,700.00$ 505,700.00$
Grand Total 3,161,578.20$ 4,207,225.00$ 5,562,700.00$
Tentative Award - June 2nd, 2022
Bidder's Proposal
Project: MS WRF Process Control Gates Repairs
Project #18-0047-UT
Bid Opening - April 27th, 2022
KAT Construction & Materials, Inc.
6541 Industrial Ave Port
Richey, FL 34668
Kiewit Infrastructure South Co.
5405 Cypress Center Dr Suite 210, Tampa, FL
33609
Poole & Kent Company of Florida
1715 W. Lemon Street,
Tampa, FL 33606
SECTION V Page i Updated: 5/4/2020
SECTION V
CONTRACT DOCUMENTS
Table of Contents
PUBLIC CONSTRUCTION BOND ......................................................................................................... 1
CONTRACT ................................................................................................................................................ 3
CONSENT OF SURETY TO FINAL PAYMENT .................................................................................. 7
PROPOSAL/BID BOND ............................................................................................................................ 8
AFFIDAVIT ................................................................................................................................................ 9
NON-COLLUSION AFFIDAVIT ........................................................................................................... 10
PROPOSAL ............................................................................................................................................... 11
CITY OF CLEARWATER ADDENDUM SHEET ............................................................................... 13
BIDDER’S PROPOSAL ........................................................................................................................... 14
SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA
CERTIFICATION FORM ....................................................................................................................... 15
SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM ...... 16
SECTION V – Contract Documents
SECTION V Page 1 of 16 Updated: 5/4/2020
Bond No.: ________________
PUBLIC CONSTRUCTION BOND
(1)
This bond is given to comply with § 255.05, Florida Statutes, and any action instituted by a claimant under
this bond for payment must be in accordance with the notice and time limitation provisions in subsections
(2) and (10).
Pursuant to § 255.05(1)(b), Florida Statutes, “Before commencing the work or before recommencing the
work after a default or abandonment, the contractor shall provide to the public entity a certified copy
of the recorded bond. Notwithstanding the terms of the contract or any other law governing prompt
payment for construction services, the public entity may not make a payment to the contractor until the
contractor has complied with this paragraph.”
CONTRACTOR SURETY OWNER
Poole & Kent
Company of Florida
1715 W. Lemon Street
Tampa, FL 33606
(813) 251-2438
Travelers Casualty and Surety
Company of America
One Tower Square,
Hartford, CT 06183
(860) 277-0111
City of Clearwater
Engineering
100 S. Myrtle Avenue
Clearwater, FL 33756
(727) 562-4750
PROJECT NAME: MARSHALL STREET WRF PROCESS CONTROL GATE REPAIRS (FDEP)
PROJECT NO.: 18-0047-UT
PROJECT DESCRIPTION: Design improvements include the replacement of the existing slide gates
within the aeration basins 4-13. While the basins are isolated and drained for gate replacement, the
Contractor will remove all accumulated grit in the aeration basins, replace damaged or missing elements of
the diffused air system and make structural repairs as noted on the plans.
BY THIS BOND, We, Poole & Kent Company of Florida, as Contractor, and Travelers Casualty and
Surety Company of America, a corporation, as Surety, are bound to the City of Clearwater, Florida, herein
called Owner, in the sum of $3,161,578.20, for payment of which we bind ourselves, our heirs, personal
representatives, successors, and assigns, jointly and severally.
THE CONDITION OF THIS BOND is that if Contractor:
1. Performs the contract dated _________________, between Contractor and Owner for construction
of Marshall Street WRF Process Control Gate Repairs (FDEP), the contract documents being made
a part of this bond by reference (which include the Advertisement for Bids, Proposal, Contract,
Surety Bond, Instructions to Bidders, General Conditions, Plans, Technical Specifications and
Appendix, and such alterations as may be made in said Plans and Specifications as therein provided
for), at the times and in the manner prescribed in the contract; and
2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes,
supplying Contractor with labor, materials, or supplies, used directly or indirectly by Contractor in
the prosecution of the work provided for in the contract; and
SECTION V – Contract Documents
SECTION V Page 2 of 16 Updated: 5/4/2020
Bond No.:________________
PUBLIC CONSTRUCTION BOND
(2)
3. Pays Owner all losses, damages, expenses, costs, and attorney’s fees, including appellate
proceedings, that Owner sustains because of a default by Contractor under the contract; and
4. To the limits of § 725.06(2), Florida Statutes, shall indemnify and hold harmless Owner, their
officers and employees, from liabilities, damages, losses and costs, including, but not limited to,
reasonable attorney’s fees, to the extent caused by the negligence, recklessness, or intentional
wrongful misconduct of Contractor and persons employed or utilized by Contractor in the
performance of the construction contract; and
5. Performs the guarantee of all work and materials furnished under the contract for the time specified
in the contract, then this bond is void; otherwise it remains in full force.
6. Any action instituted by a claimant under this bond for payment must be in accordance with the
notice and time limitation provisions in Section 255.05(2), Florida Statutes.
7. Any changes in or under the contract documents and compliance or noncompliance with any
formalities connected with the contract or the changes does not affect Surety’s obligation under
this bond, and Surety does hereby waive notice of any such change, extension of time, alteration or
addition to the terms of the contract or to the work or to the specifications.
IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this __________ day of
________________, 20___.
(If sole Ownership or Partnership, two (2) Witnesses required).
(If Corporation, Secretary only will attest and affix seal).
POOLE & KENT COMPANY OF FLORIDA
By: ____________________________
Title: ____________________________
Print Name: ____________________________
WITNESS: WITNESS:
_______________________________________ _______________________________________
Corporate Secretary or Witness Print Name: ____________________________
Print Name: _____________________________
(affix corporate seal) _______________________________________
(Corporate Surety)
By: _________________________________
ATTORNEY-IN-FACT
Print Name: ___________________________
(affix corporate seal)
(Power of Attorney must be attached)
SECTION V – Contract Documents
SECTION V Page 3 of 16 Updated: 5/4/2020
CONTRACT
(1)
This CONTRACT made and entered into this ___ day of ____________, 20___ by and between the City
of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and Poole & Kent
Company of Florida, of the City of Tampa, County of Hillsborough and State of Florida, hereinafter
designated as the "Contractor".
[Or, if out of state:] NOT APPLICABLE
This CONTRACT made and entered into this ___ day of ____________, 20___ by and between the City
of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and
_____________________________________, a/an _____________(State) Corporation authorized to do
business in the State of Florida, of the City of ____________________ County of
__________________________ and State of ____________, hereinafter designated as the "Contractor".
WITNESSETH:
That the parties to this contract each in consideration of the undertakings, promises and agreements on the
part of the other herein contained, do hereby undertake, promise and agree as follows:
The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the sums
of money as herein after set forth to be paid by the City and to the Contractor, shall and will at their own
cost and expense perform all labor, furnish all materials, tools and equipment for the following:
PROJECT NAME: MARSHALL STREET WRF PROCESS CONTROL GATE REPAIRS (FDEP)
PROJECT NO.: 18-0047-UT
in the amount of $3,161,578.20
In accordance with such proposal and technical supplemental specifications and such other special
provisions and drawings, if any, which will be submitted by the City, together with any advertisement,
instructions to bidders, general conditions, technical specifications, proposal and bond, which may be hereto
attached, and any drawings if any, which may be herein referred to, are hereby made a part of this contract,
and all of said work to be performed and completed by the contractor and its successors and assigns shall
be fully completed in a good and workmanlike manner to the satisfaction of the City.
If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as
contained herein within the time specified for completion of the work to be performed by the Contractor,
then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have the
right to proceed to complete such work as Contractor is obligated to perform in accordance with the
provisions as contained herein.
SECTION V – Contract Documents
SECTION V Page 4 of 16 Updated: 5/4/2020
CONTRACT
(2)
THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY AGREE
TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE BROUGHT
AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES ARISING OUT
OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF THE TERMS,
STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO HOLD THE
CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OF
SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UNDER THIS
CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB
CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM ACTIVITIES
BY THE AFOREMENTIONED CONTRACTOR, SUB CONTRACTOR, AGENT SERVANTS OR
EMPLOYEES, TO THE LIMITS OF § 725.06(2).
In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements:
In connection with the performance of work under this contract, the Contractor agrees not to discriminate
against any employee or applicant for employment because of race, sex, religion, color, or national origin.
The aforesaid provision shall include, but not be limited to, the following: employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; lay off or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post
hereafter in conspicuous places, available for employees or applicants for employment, notices to be
provided by the contracting officer setting forth the provisions of the non-discrimination clause.
The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including
contracts or agreements with labor unions and/or worker's representatives, except sub-contractors for
standard commercial supplies or raw materials.
It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the event
that the work to be performed by the Contractor is not completed within the time stipulated herein, it is then
further agreed that the City may deduct from such sums or compensation as may be due to the Contractor
the sum of $1,000.00 per day for each day that the work to be performed by the Contractor remains
incomplete beyond the time limit specified herein, which sum of $1,000.00 per day shall only and solely
represent damages which the City has sustained by reason of the failure of the Contractor to complete the
work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but
is only to be construed as liquidated damages for failure of the Contractor to complete and perform all work
within the time period as specified in this contract.
It is further mutually agreed between the City and the Contractor that if, any time after the execution of this
contract and the public construction bond which is attached hereto for the faithful performance of the terms
and conditions as contained herein by the Contractor, that the City shall at any time deem the surety or
sureties upon such public construction bond to be unsatisfactory or if, for any reason, the said bond ceases
to be adequate in amount to cover the performance of the work the Contractor shall, at his or its own
expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional
bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the City.
If such an event occurs, no further payment shall be made to the Contractor under the terms and provisions
of this contract until such new or additional security bond guaranteeing the faithful performance of the work
under the terms hereof shall be completed and furnished to the City in a form satisfactory to it.
SECTION V – Contract Documents
SECTION V Page 5 of 16 Updated: 5/4/2020
CONTRACT
(3)
In addition to all other contract requirements as provided by law, the contractor executing this agreement
agrees to comply with public records law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, THE CONTRACTORS DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT. CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT 727-562-4092, Rosemarie.Call@myclearwater.com,
600 Cleveland St. Clearwater, FL 33756
The contractor’s agreement to comply with public records law applies specifically to:
a) Keep and maintain public records required by the City of Clearwater (hereinafter “public
agency”) to perform the service being provided by the contractor hereunder.
b) Upon request from the public agency’s custodian of public records, provide the public agency
with a copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida
Statutes, as may be amended from time to time, or as otherwise provided by law.
c) Ensure that the public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and following completion of the contract if the contractor does not transfer the
records to the public agency.
d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in
possession of the contractor or keep and maintain public records required by the public agency
to perform the service. If the contractor transfers all public records to the public agency upon
completion of the contract, the contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If the
contractor keeps and maintains public records upon completion of the contract, the contractor
shall meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the public agency, upon request from the public agency’s
custodian of public records, in a format that is compatible with the information technology
systems of the public agency.
e) A request to inspect or copy public records relating to a public agency’s contract for services
must be made directly to the public agency. If the public agency does not possess the requested
records, the public agency shall immediately notify the contractor of the request and the
contractor must provide the records to the public agency or allow the records to be inspected or
copied within a reasonable time.
f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the
public agency’s request for records, the public agency shall enforce the contract provisions in
accordance with the contract.
g) A contractor who fails to provide the public records to the public agency within a reasonable
time may be subject to penalties under Section 119.10, Florida Statutes.
h) If a civil action is filed against a contractor to compel production of public records relating to a
public agency’s contract for services, the court shall assess and award against the contractor
the reasonable costs of enforcement, including reasonable attorney fees, if:
1. The court determines that the contractor unlawfully refused to comply with the public
records request within a reasonable time; and
SECTION V – Contract Documents
SECTION V Page 6 of 16 Updated: 5/4/2020
CONTRACT
(4)
2. At least 8 business days before filing the action, the plaintiff provided written notice of the
public records request, including a statement that the contractor has not complied with the
request, to the public agency and to the contractor.
i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public
records and to the contractor at the contractor’s address listed on its contract with the public
agency or to the contractor’s registered agent. Such notices must be sent by common carrier
delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or
shipping paid by the sender and with evidence of delivery, which may be in an electronic
format.
j) A contractor who complies with a public records request within 8 business days after the notice
is sent is not liable for the reasonable costs of enforcement.
IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have
executed this Agreement, the day and year first above written.
CITY OF CLEARWATER
IN PINELLAS COUNTY, FLORIDA
By: __________________________________ (SEAL)
Jon P. Jennings
City Manager Attest:
Countersigned: __________________________________________
Rosemarie Call
City Clerk
By: __________________________________ Approved as to form:
Frank Hibbard
Mayor __________________________________________
Owen Kohler
Assistant City Attorney
Contractor must indicate whether:
______ Corporation, ______ Partnership, ______ Company, or ______ Individual
__________________________________________
(Contractor)
By: _________________________ (SEAL)
Print Name: ________________________________
Title: _____________________________________
The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title;
where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the
Corporation – provide Affidavit.
SECTION V – Contract Documents
SECTION V Page 7 of 16 Updated: 5/4/2020
CONSENT OF SURETY TO FINAL PAYMENT
TO OWNER:
City of Clearwater
PROJECT NAME: MARSHALL STREET WRF PROCESS
CONTROL GATE REPAIRS (FDEP)
Engineering PROJECT NO.: 18-0047-UT
100 S. Myrtle Ave. CONTRACT DATE: [__________]
Clearwater, FL 33756 BOND NO.: [__________], recorded in O.R. Book [____],
Page [____], of the Public Records of Pinellas County, Florida.
CONTRACTOR: POOLE & KENT COMPANY OF FLORIDA
Pursuant to § 255.05(11), Florida Statutes, and in accordance with the provisions of the Contract between
the Owner and the Contractor as indicated above, the:
Travelers Casualty and Surety Company of America
One Tower Square,
Hartford, CT 06183 ,SURETY,
on bond of
Poole & Kent Company of Florida
1715 W. Lemon Street
Tampa, FL 33606 ,CONTRACTOR,
hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor
shall not relieve Surety of any of its obligations to
City of Clearwater
Engineering
100 S. Myrtle Ave.
Clearwater, FL 33756 ,OWNER,
as set forth in said Surety’s bond.
IN WITNESS WHEREOF, the Surety has hereunto set its hand this ___ day of ___________, ______
__________________________________________
(Surety)
__________________________________________
(Signature of authorized representative)
__________________________________________
(Printed name and title)
Attest:
(Seal):
CONSULTANT SUPPLEMENTAL 2 WORK ORDER
MS WRF Process Control Gates Repairs (FDEP)
Brown and Caldwell 18-0047-UT City of Clearwater
Consultant Work Order Page 2 of 8 Revised: 10/27/2021
CONSULTANT SUPPLEMENTAL WORK
ORDER 2
Date: 04/26/2022
1. PROJECT INFORMATION:
Project Title: MS WRF Process Control Gates Repairs (FDEP)
City Project Number: 18-0047-UT
City Plan Set Number: 2019036
Consultant Project Number: 153328
2. SCOPE OF SERVICES:
The Consultant has been requested to design improvements to address deficiencies identified
by FDEP in an August 7, 2018 letter for the Marshall Street Water Reclamation Facility (MS
WRF). The improvements within the letter identify gate actuator repairs/replacement within
the secondary settlement tanks. The City has requested the Consultant to coordinate and
perform construction services for the gate actuator repairs/replacement as designed by
the Consultant.
I. PRE-DESIGN PHASE:
Completed per initial work order.
II. DESIGN PHASE:
Completed per initial work order.
III. FINAL DESIGN PHASE:
Completed per initial work order and Supplemental Work Order 1.
IV. BIDDING PHASE
To be completed per initial work order and completed prior to Supplemental
Work Order 1.
CONSULTANT SUPPLEMENTAL 2 WORK ORDER
MS WRF Process Control Gates Repairs (FDEP)
Brown and Caldwell 18-0047-UT City of Clearwater
Consultant Work Order Page 3 of 8 Revised: 10/27/2021
V. CONSTRUCTION PHASE:
Phase 400 Construction Project Management Phase
Task 401 Construction Management Plan, Field Health and Safety Plan, and Quality
Management Plan
Task 402 Progress Reports and Invoices
Task 403 Project Coordination
a. Consultant will coordinate with City and Contractor for schedules,
construction activities, daily documents, miscellaneous communication,
and project updates.
b. Internal coordination regarding construction milestones, City schedules
and miscellaneous project updates based on direction received from the
City.
Task 500 Construction Services
Task 501 The Consultant’s resident project representative (RPR) will conduct daily
site visits to witness and observe the Contractor’s efforts are consistent
with the design documents. Each site visit is assumed to be up to a full 8-
hour day as warranted. The RPR will monitor and document site
observations with pictures and a daily report. Daily reports will include a
brief summary of the work completed, equipment used, quantity of
materials installed or removed and photographs as necessary. The field
site visits are anticipated to occur over the entire duration of
construction, assumed to be 100 days.
The RPR will not direct, authorize or supervise the contractor. Witnessed
concerns will be identified to the City, should action be necessary in the
opinion of the Consultant. City will direct the Contractor regarding all
operational decisions as it relates to construction impacts to the
treatment process.
The RPR will coordinate with the City’s Project Manager during
construction to assist in technical clarifications of the conformed
documents and the scope of work.
Additional site visits may be conducted by the Engineer of Record (EOR),
up to 10 visits.
CONSULTANT SUPPLEMENTAL 2 WORK ORDER
MS WRF Process Control Gates Repairs (FDEP)
Brown and Caldwell 18-0047-UT City of Clearwater
Consultant Work Order Page 4 of 8 Revised: 10/27/2021
Task 502 The Consultant will respond to Requests for Information (RFI) (Assumed
to be no more than 10) and review shop drawings for material/product
submittals (Assumed to be no more than 25).
Task 503 The Consultant’s project engineer and RPR, will attend up to fifteen (15)
construction progress meetings/conference calls to coordinate with the
City and the Contractor.
Task 504 The Consultant will review Change Order (CO) requests. CO request sent
to Consultant for review and comment shall be reviewed by the
Consultant.
Task 505 The Consultant will review Contractor’s measurements and quantities for
each pay application, up to 10 pay applications.
Task 506 The Consultant will prepare record drawings based on the Contractor’s
as-built drawings.
Task 507 The Consultant will attend a Substantial Completion walkthrough with
the City and the Contractor to generate a punchlist of outstanding items
for the Contractor to complete prior to the Consultant attending the Final
Completion walkthrough.
Task 508 The Consultant will prepare a project catalog which will include the
following items, as appropriate:
Data requests, assumptions, correspondence, meeting agenda, sign-in
sheets, meeting minutes, document comment-response log(s), technical
memorandum/reports, addenda, progress reports (daily logs), regulatory
correspondence, design plans, conformed plans, change orders, field
orders, RFIs, work change directives, field photos, addenda, shop drawing
and progress submittals, as-builts, record drawings, and other project-
related documents.
Task 509 The Consultant will provide internal QC review of the deliverables
described herein. The Consultant will provide documentation of the
internal QC comments and responses generated for the deliverables.
Task 510 The Consultant will provide an estimated value of all significant
equipment (valued over $5,000) that is demolished and/or removed from
service during Construction for the City’s accounting purposes. The value
will be calculated based on depreciation of equipment and adjusted for
inflation. The deliverable for this task will be a memo describing the
methodology of calculation and the value of the equipment removed
from service and the value of the new replacement equipment installed.
CONSULTANT SUPPLEMENTAL 2 WORK ORDER
MS WRF Process Control Gates Repairs (FDEP)
Brown and Caldwell 18-0047-UT City of Clearwater
Consultant Work Order Page 5 of 8 Revised: 10/27/2021
3. PROJECT GOALS:
BC will perform Construction Services during the construction of the subject project. BC
will develop the following documents during the Construction phase:
Daily Construction Reports developed during site visits, PDF
QA/QC Correspondence
Project Catalog
Record Drawings
BC will attend the following meetings:
Fifteen (15) Construction Meetings/Calls to coordinate with the City and
Contractor.
4. FEES:
See Attachment “A”
This price includes all labor and expenses anticipated to be incurred by Brown and
Caldwell for the completion of these tasks in accordance with Professional Services
Method “A” – Hourly Rate, for a fee not to exceed Two Hundred Seventy-Five Thousand
Seven Hundred SeventyDollars ($275,770.00).
Rates used for Method “A” are from the 2019 Agreement for Professional Services
entered into on the 27th day of June, 2019.
5. SCHEDULE:
The project construction will depend on Contractor’s timeline. The Contractor will
provide a project schedule at the beginning of construction. Per section four of the
specifications, the Contractor has 330 days to complete the project. Additional time will
be utilized for coordination and meetings taking place prior to the pre-construction
meeting.
6. STAFF ASSIGNMENT:
Brown and Caldwell:
Todd Bosso, PE – Managing Engineer
Phil Walker, PE – Project Manager, EOR
Abby Brown, EI – Field Representative / Project Engineer
Adarsh Shah, PE – Structural EOR
Rhona Gonzalez – Project Analyst I
CONSULTANT SUPPLEMENTAL 2 WORK ORDER
MS WRF Process Control Gates Repairs (FDEP)
Brown and Caldwell 18-0047-UT City of Clearwater
Consultant Work Order Page 6 of 8 Revised: 10/27/2021
City of Clearwater:
Duy Nguyen, EI - Project Manager
Ryan Alexander – Public Utilities Site Representative (Chief Operator)
Travis Teuber – Public Utilities Liaison (Assistant WET Manager)
Christina Goodrich – Public Utilities Manager (WET Manager)
Michael Flanigan - Public Utilities Assistant Director
Jeremy J. Brown, PE - Engineering Manager, Utilities
Richard G. Gardner, PE - Public Utilities Director
7. CORRESPONDENCE/REPORTING PROCEDURES:
Consultant’s project correspondence shall be directed to Consultant’s Project Manager.
All City project correspondence shall be directed to the Project Manager, with copies to
the Utilities Engineering Manager, Public Utilities Director, and Public Utilities Assistant
Director.
Consultant shall provide a minimum of forty-eight (48) hours’ notice prior to conducting
fieldwork/site visits. Consultant shall provide a minimum of seven (7) days notification
for site visits requiring the assistance of City Operations and Maintenance personnel.
Consultant acknowledges that all City directives shall be provided by the City Project
Manager.
A health and safety plan must be submitted and approved by the Project Manager prior
to conducting any fieldwork/site visits.
In addition to the original copies delivered as stated in the scope of work, all project
deliverables will be submitted in electronic format on CD or other City approved device
prior to approval of final invoice.
8. INVOICING/FUNDING PROCEDURES:
City Invoicing Code: 3217321-530100-96213
For work performed, invoices shall be submitted monthly to:
ATTN ACCOUNTANT
CITY OF CLEARWATER, ENGINEERING DEPARTMENT
PO BOX 4748
CLEARWATER, FLORIDA 33758-4748
Contingency services will be billed as incurred only after written authorization provided
by the City to proceed with those services.
CONSULTANT SUPPLEMENTAL 2 WORK ORDER
MS WRF Process Control Gates Repairs (FDEP)
Brown and Caldwell 18-0047-UT City of Clearwater
Consultant Work Order Page 7 of 8 Revised: 10/27/2021
9. INVOICING PROCEDURES:
At a minimum, in addition to the invoice amount(s) the following information shall be
provided on all invoices submitted on the Work Order:
1. Purchase Order, Project and Invoice Numbers and Contract Amount.
2. The time period (begin and end date) covered by the invoice.
3. A short narrative summary of activities completed in the time period.
4. Contract billing method – Lump Sum or Hourly Rate.
5. If Lump Sum, the percent completion, amount due, previous amount earned and
total earned to date for all tasks (direct costs, if any, shall be included in lump
sum amount).
6. If Hourly Rate, hours, hourly rates, names of individuals being billed, amount
due, previous amount earned, the percent completion, total earned to date for
each task and other direct costs (receipts will be required for any single item
with a cost of $50 or greater or cumulative monthly expenses greater than
$100).
7. If the Work Order is funded by multiple funding codes, an itemization of tasks
and invoice amounts by funding code.
10. CONSIDERATIONS:
Consultant acknowledges the following:
1. The Consultant named above is required to comply with Section 119.0701,
Florida Statutes, where applicable.
2. All City directives shall be provided by the City Project Manager.
3. “Alternate equals” shall not be approved until City Project Manager agrees.
4. All submittals must be accompanied by evidence each has been internally
checked for QA/QC before providing to City.
5. Consultants/Contractors are not permitted to use City-owned equipment (i.e.
sampling equipment, etc.).
6. Documents posted on City website must ADA accessible.
11. ADDITIONAL CONSIDERATIONS:
All work orders should include considerations for the following:
1. Sea Level Rise and Flood Resilience, as applicable.
2. Submittal of a Critical Path Method (CPM) Schedule(s).
3. Submittal of a Project Catalog with the following items, as appropriate:
a. Data requests, assumptions, critical correspondence, meeting agenda,
sign-in sheets, meeting minutes, document comment-response log(s),
technical memorandum/reports, addenda, progress reports, regulatory
correspondence, and other project-related documents.
ATTACHMENT “A”
CONSULTANT WORK ORDER – PROJECT FEES TABLE
MS WRF Process Control Gates Repairs (FDEP)
Brown and Caldwell 18-0047-UT City of Clearwater
Consultant Work Order Page 1 of 2 Revised: 10/27/2021
CONSULTANT SUPPLEMENTAL WORK
ORDER 2
PROJECT FEES TABLE
Task Description Subconsultant
Services
Labor Total
100 Pre-Design (Completed per Initial Work Order)
101 Project Management $0 $0 $0
102 Progress Report and Invoices $0 $0 $0
103 Project Coordination $0 $0 $0
104 Meetings $0 $0 $0
Pre-Design Phase Total: $0
200 Final Design Phase (Completed per Initial Work Order and Supplemental Work
Order 1)
201 30% Design $0 $0 $0
202 60% Design $0 $0 $0
203 90% Design $0 $0 $0
204 Final Design $0 $0 $0
205 FDEP Response Letter $0 $0 $0
206 Contingency $0 $0 $0
207 Contingency $0 $0
Final Design Phase Total: $0
300 Bidding Phase (Completed per Initial Work Order and Supplemental Work Order 1)
301 Pre-Bid Meeting $0 $0 $0
302 Addenda $0 $0 $0
303 Conformed Documents $0 $0 $0
304 Recommendation $0 $0 $0
Bidding Phase Total: $0
400 Construction Management Phase
401 Construction Mng, Field Health &
Safety, and Quality Mng Plan
$0 $2,495 $2,495
402 Progress Report Invoices $0 $7,700 $7,700
403 Project Coordination $0 $13,275 $13,275
Construction Management Phase Total $23,470
500 Construction Services
501 Field Activities $0 $120,800 $120,800
ATTACHMENT “A”
CONSULTANT WORK ORDER – PROJECT FEES TABLE
MS WRF Process Control Gates Repairs (FDEP)
Brown and Caldwell 18-0047-UT City of Clearwater
Consultant Work Order Page 2 of 2 Revised: 10/27/2021
502 RFIs and Submittals $0 $32,990 $32,990
503 Progress Meetings $0 $15,075 $15,075
504 Change Orders $0 $6,825 $6,825
505 Pay Application Review $0 $9,690 $9,690
506 Record Drawings $0 $17,070 $17,070
507 Substantial and Final Completion
Walkthrough
$0 $5,550 $5,550
508 Project Catalog $0 $4,680 $4,680
509 QAQC $0 $10,590 $10,590
510 Estimate for Demolished Equipment $0 $3,960 $3,960
Construction Services Total $227,230
Subtotal $250,700
600 Contingency
601 Contingency (10%) $0 $0 $25,070
SUBTOTAL, LABOR AND SUB-CONTRACTORS:
6.0 Permit Fees $0
7.0 Other Direct Costs (prints, photocopies, postage, etc.)
(Not applicable to lump sum Work Orders)
$0
GRAND TOTAL: $275,770
ATTACHMENT “B”
CONSULTANT WORK ORDER – CITY DELIVERABLES
MS WRF Process Control Gates Repairs (FDEP)
Brown and Caldwell 18-0047-UT City of Clearwater
Consultant Work Order – City Deliverables Page 1 of 1 Revised: 2/8/2021
CONSULTANT WORK ORDER
CITY DELIVERABLES
1. FORMAT:
The design plans shall be compiled utilizing the following methods:
1. City of Clearwater CAD standards.
2. Datum: Horizontal and Vertical datum shall be referenced to North American
Vertical Datum of 1988 (vertical) and North American Datum of 1983/90
(horizontal). The unit of measurement shall be the United States Foot. Any
deviation from this datum will not be accepted unless reviewed by City of
Clearwater Engineering/Geographic Technology Division.
1. DELIVERABLES:
The design plans shall be produced on bond material, 24" x 36" at a scale of 1" = 20’
unless approved otherwise. Upon completion the consultant shall deliver all drawing
files in digital format with all project data in Autodesk Civil 3D file format.
NOTE: If approved deviation from Clearwater CAD standards are used the Consultant
shall include all necessary information to aid in manipulating the drawings including
either PCP, CTB file or pen schedule for plotting. The drawing file shall include only
authorized fonts, shapes, line types or other attributes contained in the standard
release of Autodesk, Inc. software. All block references and references contained within
the drawing file shall be included. Please address any questions regarding format to Mr.
Tom Mahony, at (727) 562-4762 or email address Tom.Mahony@myClearwater.com.
All electronic files (including CAD and Specification files) must be delivered upon
completion of project or with 100% plan submittal to City of Clearwater.
5405 Cypress Center Drive, Suite 250
Tampa, Florida 33609
Tel: 813.371.9400
Fax: 813.371.9399
www.brownandcaldwell.com
May 6, 2022
Mr. Duy Nguyen
Project Manager
City of Clearwater
100 S. Myrtle Avenue
Municipal Services Building, Suite #220
Clearwater, FL 33756-5520
Subject: Marshall St. WRF Process Control Gates Repairs
Recommendation of Award
Project No. 18-0047-UT
Purchase Order No. 19000714
Dear Mr. Nguyen,
The City of Clearwater (City) received and opened three (3) bids for the Marshall St. WRF
Process Control Gates Repairs project from interested construction firms on April 27,
2022. Brown and Caldwell (BC) was contracted by the City to provide support during
bidding and to provide a recommendation of award to the City for the lowest responsive
bid.
It is our understanding that the City has evaluated responsiveness for the bidders,
prepared bid tabulation and concluded that the apparent low bidder is Poole & Kent
Company of Florida (Poole & Kent), with a total bid of $3,161,578.20.
The City determined that Poole & Kent’s bid was responsive and followed the Bid
requirements as stated in the Contract Bid Documents. BC performed a review of Poole
& Kent’s bid form, there were no apparent or mathematical errors. BC contacted three
of the references provided by Poole & Kent and all references returned feedback that
work was completed in a satisfactory manner on their concrete repair projects.
Based on the City’s review of the responsiveness of the bid, references contacted, and
BC’s review of the bid form with no apparent errors identified, Brown and Caldwell
recommends the bid award to Poole & Kent for the above referenced project.
Please contact me at (813) 371-9307 or by email at pwalker@brwncald.com should you
have any questions.
Very truly yours,
Brown and Caldwell
Phil Walker, PE
Project Manager
MS WRFProcess Control Gates Repairs
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²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com N.T.S.Scale:
MS WRF Process Control Gates RepairsProject Number: 18-0047-UT
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Legend
MS WRF
PROJECT AREAS
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#22-0446
Agenda Date: 6/13/2022 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Fire Department
Agenda Number: 8.1
SUBJECT/RECOMMENDATION:
Appoint Dan Carpenter to a four-year term as a Trustee of the Clearwater Firefighters’
Supplemental Trust Fund in accordance with Sec. 175.061 of the Florida State Statutes.
(consent)
SUMMARY:
The Clearwater Firefighters’ Supplemental Trust Fund is the recipient of monies obtained by
the State of Florida from insurance companies doing business within the community. These
monies are required to be administered by a Board of Trustees whose composition must
consist of two legal residents of the city appointed by the City Council; two city firefighters
elected by the firefighters; and a fifth member chosen by a majority of the other four members
and submitted to the City Council for appointment. The Board of Trustees is solely responsible
for administration of the trust fund.
The state law allows trustees to succeed themselves as board members. This legal resident,
City Council appointed seat will become open July 1, 2022. Mr. Carpenter has indicated his
willingness to serve a four-year term.
Mr. Carpenter is a legal city resident of Clearwater and was a co-owner of a retail business in
Clearwater until spring 2010. He is the head of the Finance Department for Indian Rocks
Beach. Additionally, he is a Certified Public Pension Trustee and a Certified Government
Finance Officer. Mr. Carpenter worked 15 years for the City of Clearwater and holds a BS in
Accounting.
Once approved, Mr. Carpenter will serve a four-year term, which will be effective July 1, 2022
through June 30, 2026.
APPROPRIATION CODE AND AMOUNT:
N/A
USE OF RESERVE FUNDS:
N/A
Page 1 City of Clearwater Printed on 6/9/2022
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#22-0512
Agenda Date: 6/13/2022 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Fire Department
Agenda Number: 8.2
SUBJECT/RECOMMENDATION:
Ratify and confirm a Purchase Order to Ten-8 Fire Equipment Inc., of Bradenton, FL, for the
additional purchase of one new Pierce Heavy Duty Velocity Pumper in an amount of
$773,138.00 in accordance with Clearwater Code of Ordinances Section 2.563(1)(k),
Emergencies; declare G2611 surplus, effective upon receipt of the purchased vehicle, and
authorize for disposal at auction or trade-in, whichever is in the best interest of the City, in
accordance with Clearwater Code of Ordinances Section 2.623(7)(c), public auction, or (e),
trade-in, and authorize the appropriate officials to execute same. (consent)
SUMMARY:
Clearwater Fire and Rescue (CFR) is requesting ratification of the purchase of one additional
heavy duty frontline pumper (engine) to replace Engine 50 (G3964), in the amount of
$620,585.00, Florida Sheriff’s Association, Contract FSA20-VEF14.02, Fire Rescue Vehicles
and Other Equipment valid through March 31, 2023 (piggyback contract). The purchase is for
the base model with additional options added which total $152,553.00 ($191,460.00 less
$38,907.00 FSA and Dealer discounts). The purchase of these additional options is exempt
from competitive bidding (impractical) due to a delay in receipt of the vehicle, possible warranty
being voided, and manufacturer delay in receiving parts if purchased from a different vendor. All
optional pricing is vetted through the FSA contract and are priced below Manufacturer
Suggested Retail Price (MSRP). Engine 50 (G3964), purchased in 2013, will move to the
reserve fleet to maintain required reserve units and surplus (G2611) purchased in 2001.
On January 20, 2022, Council authorized the purchase of one new Pierce Heavy Duty Velocity
Pumper to replace Engine 48 (G3864) in an amount of $718,190.00. Due to supply chain
issues as well as the ongoing price increases across the commodity market, an increase of
7% was imposed from the initial base model with another 7.5% increase to go into effective on
May 1, 2022. The City Manager approved this emergency purchase in April 2022 to avoid the
May 1, 2022 7.5% increase. This emergency purchase was authorized due to a threat existing
to other interests (public funds) of the City. With this purchase, the total amount for the two fire
engines will be $1,491,328.00.
CFR performs fire and rescue and emergency medical services (EMS) under a contract with
Pinellas County. This purchase was included in the approved six-year capital improvement plan
planned for purchase in fiscal year 2022/23 project 91218, Fire Engine Replacement, to be
funded with Penny for Pinellas revenues and Pinellas County Fire tax reimbursement of
approximately 11.3% of purchase price. The current build out for this engine is estimated at 16
months which results in delivery and payment in fiscal year 2022/23 when funds are planned to
Page 1 City of Clearwater Printed on 6/9/2022
File Number: ID#22-0512
be available. No funding is required at this time.
Estimated annual operating costs in the department’s annual operating budget include fuel and
routine garage charges for operating the new vehicle. Garage charges on the new vehicle are
expected to be less than the replaced vehicle.
APPROPRIATION CODE AND AMOUNT:
Funds for this purchase are planned for fiscal year 2022/23 allocating Penny for Pinellas funds
and County Fire Tax reimbursement in capital improvement project 91218, Fire Engine.
USE OF RESERVE FUNDS:
NA
Page 2 City of Clearwater Printed on 6/9/2022
Equipment Proposal Pierce Proposal # 861
This Equipment Proposal (the "Proposal") has been prepared by Ten-8 Fire & Safety, LLC ("Company") in response to the
undersigned Customer's request for a proposal. This Proposal is comprised of the special terms set forth below, the Proposal
Option List, Warranty, and Company's Purchasing Terms and Conditions. Through its signature below or other Acceptance (as
defined below), Customer acknowledges having received, read and being bound by this Proposal, all attachments and Company's
Purchasing Terms and Conditions.
Date: March 18, 2022 ("Proposal Date") Customer: Clearwater Fire Rescue ("Customer")
Customer Address: 1140 Court Street, Clearwater, FL 33756
Qty Product Description & Options Price
1 One (1) Heavy Duty Pierce Pumper Base FSA Contract# FSA20-VEF14.02 Spec#8 $620,585.00
1 Options Selected per "Proposal Option List #827 $191,460.00
1 6% option discount per Florida Sheriffs Contract #FSA20-VEF14.02 ($11,487.00)
1 Additional Manufacturer and Dealer Discount ($27,420.00)
Purchase Price: $773,138.00
Delivery Timing: The Product described above in the Product Description and Options Section of this document will be built
by and shipped from the manufacturer approximately 24 (months) after Company receives Customer's acceptance of this
Proposal as defmed below.
Other: *Due to the current inflationary environment, a 7.5% inflation Increase will take effect 5/1/2022, no pricing
extensions are able to be !!:ranted.
Unless accepted within 30 days from date of proposal, the right is reserved to withdraw this proposal.
ACCEPTANCE OF THIS PROPOSAL CREATES AN ENFORCEABLE BINDING AGREEMENT BETWEEN COMPANY
AND CUSTOMER. "ACCEPTANCE" MEANS THAT CUSTOMER DELIVERS TO COMPANY: (A) A PROPOSAL
SIGNED BY AN AUTHORIZED REPRESENTATIVE, OR (B) A PURCHASE ORDER INCORPORATING THIS
PROPOSAL, WHICH IS DULY APPROVED, TO THE EXTENT APPLICABLE, BY CUSTOMER'S GOVERNING
BOARD. ACCEPTANCE OF THIS PROPOSAL IS EXPRESSLY LIMITED TO THE TERMS CONTAINED IN THIS
PROPOSAL AND COMPANY'S PURCHASING TERMS AND CONDITIONS. ANY ADDITIONAL OR DIFFERENT
TERMS, WHETHER CONTAINED IN CUSTOMER'S FORMS OR OTHERWISE PRESENTED BY CUSTOMER AT
ANY TIME, ARE HEREBY REJECTED.
INTENDING TO CREATE A BINDING AGREEMENT, Customer and Company have each caused this Proposal to be
executed by their duly authorized representatives as of date of the last signature below.
Customer: Clearwater Fire Rescue
By: .1' tbt 7. ~ ~
Title: City Manager
Print: _ ___::J:..::o;;..n:...;J::.:e::.:n.:..:.n.:..:.in:..:.go:z.s=--------
Date: 04/28/2022 ----------------
Ton~ Fi,~f:;LC
By:~~
Title: Authorized Sales Representative
Print: Dustin Bouwer
Date: 3/18/2022
EXHIBIT A
PROPOSAL OPTION LIST
EXHIBIT B
WARRANTY
EXHIBITC
PURCHASfNG TERMS AND CONDITIONS
PURCHASING TERMS AND CONDITIONS
{Florida)
These Purchasing Terms and Conditions, together with the Equipment Proposal and all attachments (collectively, the
"Agreement") are entered into by and between Ten-8 Fire & Safety, LLC, a Florida company ("Company") and
Customer (as defined in Ten-8 Fire & Safety LLC's Equipment Proposal document) and is effective as of the date
specified in Section 3 of these Purchasing Terms and Conditions. Both Company and Customer may be referred
throughout this document individually as a "party" or collectively as the "parties."
1. Definitions.
a. "Acceptance" has the same meaning set forth in Company's Equipment Proposal.
b. "Company's Equipment Proposal" means the Equipment Proposal provided by Company and prepared in
response to Customer's request for proposal for a fire apparatus, associated equipment or an ambulance.
c. "Cooperative Purchasing Contract'' means an Agreement between Company and a public authority,
including without limitation, a department, division, agency of a municipal, county or state government
("Public Authority"), that adopts or participates in an existing agreement between Company and another non-
party customer (including, but not limited to such non-party customer's equipment proposal, its applicable
exhibits, attachments and purchasing terms and conditions), often referred to as a "piggyback arrangement,"
which is expressly agreed to, in writing, by Company. Company has sole discretion to determine whether it
will agree to such a Cooperative Purchasing Contract.
d. "Delivery" means when Company delivers physical possession of the Product to Customer.
e. "Manufacturer" means the Manufacturer of any Product.
f. "Prepayment Discount" means the prepayment discounts, if any, specified in Company's Equipment
Proposal.
g. "Product" means the fire apparatus and any associated equipment, or ambulance manufactured or furnished
for Customer by Company pursuant to the Specifications.
h. "Purchasing Terms and Conditions" means these Purchasing Terms and Conditions; however, if the
Company's Equipment Proposal or the Customer's related Purchase Order states that it is governed by a
Cooperative Purchasing Agreement, "Purchasing Terms and Conditions" shall mean those terms and
conditions set forth in the applicable Cooperative Purchasing Agreement.
i. "Specifications" means the general specifications, technical specifications, training, and testing
requirements for the Product contained in Company's Equipment Proposal and its Exhibit A (Proposal Option
List or for ambulance sales, the Quotation, or Order Form, as applicable), prepared in response to Customer's
request for such a proposal.
2. Purpose. This Agreement sets forth the terms and conditions of Company's sale of the Product to Customer.
3. Term of Agreement. This Agreement will become effective on the date of Acceptance as defmed in Company's
Equipment Proposal ("Effective Date") and, unless earlier terminated pursuant to the terms of this Agreement, it
will terminate upon Delivery and payment in full of the Purchase Price.
4. Purchase and Payment. Customer agrees to pay Company the Purchase Price for the Product(s) as set forth in
Company's Equipment Proposal ("Purchase Price"). The Purchase Price is in U.S. dollars. Where Customer opts
for a Prepayment Discount that specifies that Customer will tender one or more prepayments to Company,
Customer must provide each prepayment within the time frame specified in the Equipment Proposal in order to
receive the Prepayment Discount for that prepayment installment.
5. Representations and Warranties. Customer hereby represents and warrants to Company that the purchase of the
Product(s) has been approved by Customer in accordance with applicable general laws and, as applicable,
Customer's charter, ordinances and other governing documents, and funding for the purchase has been duly
budgeted and appropriated.
6. Cancellation!ferrnination.
a. Fire Equipment and Apparatus Sales. In the event this Agreement is cancelled or terminated by
Customer before completion, Company may charge Customer a cancellation fee. The following
charge schedule is based on costs incurred by Manufacturer and Company for the Product,
which may be applied and charged to Customer: (a) 12% of the Purchase Price after the order
for the Product(s) is accepted and entered into Manufacturer's system by Company; (b) 22% of
the Purchase Price after completion of approval drawings by Customer, and; (c) 32% of the
Purchase Price upon any material requisition made by the Manufacturer for the Product. The
cancellation fee will increase in excess of (c) in this Section 6, accordingly, as additional costs
are incurred by Manufacturer and Company as the order progresses through engineering and
into the manufacturing process.
b. Ambulance Sales. This Section 6 for Cancellation/Termination does not apply to Ambulance
Sales. An order for an ambulance cannot be cancelled or terminated once Company receives
and processes Customer's Acceptance of Company's Equipment Proposal.
7. Delivery. The Product is scheduled to be delivered as specified in the Delivery Timing section of the Equipment
Proposal ("Delivery Timing"), which will be F.O.B. Company's facility. The Delivery Timing is an estimate,
and Company is not bound to such date unless it otherwise agrees in writing. Company is not responsible for
Delivery delays caused by or as the result of actions, omissions or conduct of the Manufacturer, its employees,
affiliates, suppliers, contractors, and carriers. All right, title and interest in and to the Product, and risk of loss,
shall pass to Customer upon Delivery of the Product(s) to Customer.
8. Standard Warranty. The manufacturer warranties applicable to thjs Agreement, if any, are attached to Company's
Equipment Proposal as Exhibit A and are incorporated herein as part of the Agreement.
a. Disclaimer. EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, COMPANY,
INCLUDING ITS PARENT COMPANY, AFFILIATES, SUBSIDIARIES, AND THEIR
RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS OR
REPRESENTATIVES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS
OR IM PLIED, WITH RESPECT TO THE PRODUCTS PROVIDED UNDER THIS AGREEMENT,
WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING
THE FOREGOING DISCLAIMER, ANY iMPLIED WARRANTY OR CONDITION OF
MERCHANT ABILITY, IMPLIED WARRANTY AGAINST INFRINGEMENT, AND IMPLIED
WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY
EXCLUDED AND DISCLAIMED. STATEMENTS MADE BY SALES REPRESENTATIVES OR IN
PROMOTIONAL MATERIALS DO NOT CONSTITUTE WARRANTIES.
9. Limitation of Liability. COMPANY WILL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL,
INDIRECT, ECONOMIC, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES ARISING FROM OR LN
ANY WAY CONNECTED WITH THIS AGREEMENT WITHOUT REGARD TO THE NATURE OF TilE
CLAIM OR THE UNDERLYING THEORY OR CAUSE OF ACTION (WHETHER IN CONTRACT, TORT,
STRICT LIABILITY, EQUITY OR ANY OTHER THEORY OF LAW) ON WHICH SUCH DAMAGES ARE
BASED. COMPANY'S LIMIT OF LIABILITY UNDER THJS AGREEMENT SHALL BE CAPPED AT THE
TOTAL AMOUNT OF THE MONIES PAID BY CUSTOMER TO COMPANY UNDER THIS AGREEMENT.
I 0. Force Majeure. Company shall not be responsible nor deemed to be in default on account of delays in
performance due to causes which are beyond Company's control which make Company's performance
impracticable, including but not Limited to civil wars, insurrections, strikes, riots, fires, storms, floods, other acts
of nature, explosions, earthquakes, accidents, including transportation or delivery losses outside of Company's
control, any act of government, delays in transportation, inability to obtain necessary labor supplies or
manufacturing facilities, allocation regulations or orders affecting materials, equipment, faci lities or completed
products, failure to obtain any required license or certificates, acts of God or the public enemy or terrorism, failure
of transportation, epidemics, quarantine restrictions, failure of vendors (due to causes similar to those within the
scope of this clause) to perform their contracts or Labor troubles causing cessation, slowdown, or interruption of
work.
11. Customer's Obligations. Customer shall provide its timely and best efforts to cooperate with Company and
Manufacturer during the manufacturing process to create the Product. Reasonable and timely cooperation
includes, without limitation, Customer's providing timely information in response to a request from Manufacturer
or Company and Customer's participation in traveling to Manufacturer's facility for inspections and approval of
the Product.
12. Default. The occurrence of one or more of the following shall constitute a default under this Agreement: (a)
Customer's failure to pay any amounts due under this Agreement or Customer's failure to perform any of its
obligations under this Agreement; (b) Company's failure to perform any of its obligations under this Agreement;
(c) either party becoming insolvent or becoming subject to bankruptcy or insolvency proceedings; (d) any
representation made by either party to induce the other to enter into this Agreement, which is false in any material
respect; (e) an action by Customer to dissolve, merge, consolidate or transfer a substantial portion of its property
to another entity; or (t) a default or breach by Customer under any other contract or agreement with Company.
13. Manufacturer's Statement of Origin. Company shall retain possession of the manufacturer's statement of origin
("MSO") for the Product until the entire Purchase Price has been paid. lf more than one Product is covered by
this Agreement, Company shall retain the MSO for each individual Product until the Purchase Price for that
Product has been paid in full.
14. Arbitration. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be
settled by arbitration administered by the American Arbitration Association in accordance with its Commercial
Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having
jurisdiction thereof. The Arbitration shall take place in Bradenton, Florida.
15. Miscellaneous. The relationship of the parties established under this Agreement is that of independent contractors
and neither party is a partner, employee, agent, or joint venture of or with the other. Neither party may assign its
rights and obligations under this Agreement without the prior written approval of the other party. This Agreement
and all transactions between Ten-8 Fire & Safety, LLC will be governed by and construed in accordance with the
laws of the State of Florida. The delivery of signatures to this Agreement may be via facsimile transmission or
other electronic means and shall be binding as original signatures. This Agreement shall constitute the entire
agreement and supersede any prior agreement between the parties concerning the subject matter of this
Agreement. This Agreement may only be modified by an amendment, in writing, signed by duly authorized
representatives of both parties with authority to sign such amendments to this Agreement. In the event of a
conflict between the Ten-8 Proposal and these Terms and Conditions, the Ten-8 Proposal shall control except in
the case of a Cooperative Purchasing Contract as set forth in Section !(c) and (h) of these Purchasing Terms and
Conditions. If any term of this Agreement is determined to be invalid or unenforceable by a competent legal
authority, such term will be either reformed or deleted, as the case may be, but only to the extent necessary to
comply with the applicable law, regulation, order or rule, and the remaining provisions of the Agreement will
remain in full force and effect.
Clearwater FD Option List
Options
Option: Liquid Spring Suspension (Front: 110lbs, Rear: 150lbs) $9,600.00
Add Extended Cab $2,500
Chrome Flanges for 9 x 7 (per light) $285.00
Chrome Flanges for 7 x 3 or 6 x 4 Lights $75.00
Additional 500 LED, R, B or A $160.00
Upgrade 900 to M9 LED, R $320.00
Upgrade 900 to M9, Amber, Blue, R/B, R/A $40.00
Upgrade 900 to M9, All or 1/2 Clear $50.00
Additional M9, Red $2,200.00
Additional M9, B, A, R/B, R/A) $300.00
Additional M6 LED, R, B or A $840.00
Add Any Light to Interior of Door (Add to Light Price) $120.00
Pioneer Single w/Flange, Upgrade PCPSM1C $600.00
Pioneer Spot & Flood w/Flange, Upgrade PCPSM2C $2,410.00
Upgrade Brake/Tail to M6 (Pair) $50.00
Upgrade Turn to M6 (Pair) $90.00
Upgrade Reverse to M6 (Pair) $100.00
295 HFS2 Remote Head $175.00
Whelen Howler (Only Available w/ Whelen Siren) $1,020.00
Buell Dual Air Horns Mounted Under Front Bumper $1,850.00
LED Running Board Lights $450.00
Zico LED Under Body Lights (Per Pair) $870.00
Additional LED Compartment Light to LED $125.00
Mount brake/reverse in lower kickplate $50.00
Vanner Inverter / Conditioner w/ Remote Switch, Model 20-1050-CUL $1,575.00
Additional (3rd) Matching Battery (Requires Ordering Exterior Battery Compartment $380.00
Upgrade to Kussmaul Auto Eject Shoreline Plug, 20 Amp $375.00
Power Door Lock Control Head $360.00
Power Door Lock Per Door $840.00
Whelen Round LED Domelights w/Chrome Flange (Upgrade per Lt) $120.00
Extra Switch & Pre-Wire (Separate From V-MUX System) $125.00
Antenna Pre-Wire, (additional per Pre-Wire) $80.00
Pre-Wire & Ground for Radio, (additional per Pre-Wire) $100.00
Auxiliary Condenser $1,185.00
Upcharge to Install Condensor on Front of Module $525.00
Go-Light Wireless Remote Control Roof Mount LED Spotlight, White $725.00
Park override with reset switch in front console to deactivate Opticom and forward $175.00
Horn/siren/air horn 3-position switch $125.00
Air horn foot switch passenger cab floor $85.00
Tie modular locks to chassis locks $100.00
add 1 1/2" conduit from cab to modular box $300.00
NOTE: E10 Refence J2437 Lealman; 3rd battery on tray at bottom of ALS $400.00
Move shoreline to front of box $50.00
O2 Regulator for "M" Tank $140.00
O2 Flow Meter /Tube-Type $180.00
Zico Portable O2 Bracket QRD2 $600.00
"M" tank mounted in Squad Bench Zico QR-M $450.00
6-Point Seat Belt, Per Position
Note: Specify Color (If no color is chosen, black will be provided:
Black____X___ Orange_______ Red_______ Yellow_______$1,470.00
Radio/Notebook Cabinet in Cab (Standard Design) (Standard in T-I's)$275.00
Cabinet Over Squad Bench, (Requires 43" Between Bench Cushion & Cabinet)
(Standard in 2168)$300.00
Interior Access to Exterior Compartment $375.00
Track-Type Adjustable Shelves in Interior Cabinets, (per shelf) $75.00
Additional Adjustable Shelf & Light in ALS $125.00
Glove Storage Over Side Entry Door (one over CPR seat) $750.00
Café Double Doors, (Warrior) $200.00
Southco Stainless Steel Latches, (per Latch) $390.00
Drawer for General Storage $1,050.00
A-Bar w/Sharps & Waste @ Head of Squad Bench, SS Removable (Warrior Models
Only) This Bar shall be treated with Agion Anit-Bacterial Coating
$675.00
Custom Headroom. Fill in Height ____72"____ $650.00
Move exhaust vent to right side $75.00
Compartment Over Wheel Well w/ Rollout Drawer $1,225.00
Change Exterior Compartment Size $700.00
Double Door on Exterior Compartment ILO Single Door $950.00
Dry Deck All Compartments $610.00
Adjustable Shelving Unit in Exterior Compartment w/One Shelf 30"-48" wide $410.00
Additional Shelf in Exterior Compartment 30"-48" wide $520.00
Aluminum Backboard Divider $390.00
SCBA reinforcement back of #4 & #1 $300.00
NOTE: #2 KEYED DIFFERENTLY THAN OTHER COMPARTMENTS $240.00
Full-width fixed shelf for #1, shipped loose $50.00
C-channel in #4 $115.00
Grip Strut Inserts in Running Boards $350.00
1pr. Rubber Mud Flaps for Front Wheels $100.00
Fire Extinguisher, 5lb $85.00
Paint Cab (Door jams included) $4,806.00
Red Paint Color, (Additional Materials Cost) $570.00
Wet Sand & Buff $2,970.00
Paint roof white, not visable from ground $600.00
Total Options $54,676.00
FSA F550 Super Warrior item #110 $167,352
Fin Rebate ($5,778)
Graphics Sun Coast 3600
Total Price $219,850.00
Bid Number:
Job Number:
Number of Units:
Bid Date:
Stock Number:
Price Level:
Lane:
Option Qty
0010012 1
0661794 1
0584456 1
0584452 1
0588609 1
0520877 1
0788859 1
0610784 1
0533347 1
0588611 1
0661778 1
0620357 1
0537375 1
0030006 1
0540326 1
0000007 1
0002928 1
0597598 1
0000110 1
0000070 1
0000203 1
0020018 1
0508848 1
0030264 1
0087572 1
0000322 1
0582936 1
0019575 1
0530464 1
0544253 1
0122076 1
0000485 1
0585004 1
0654750 1
0568081 1
0620570 1
0002045 1
0544802 1
0544806 1
0010670 1
0030185 1
0000730 1
0020784 1
0000785 1
0568012 1
0000790 1
45 Air Dryer, Wabco System Saver 1200, Heater, 2010 0.00
46 Brake Lines, Nylon 0.00
43 Air Compressor, Brake, Cummins/Wabco 18.7 CFM 0.00
44 Brake Reservoirs, Three 0.00
41 Brakes, Knorr/Bendix 17", Disc, Front, TAK-4 0.00
42 Brakes, Meritor, Cam, Rear, 16.50 x 7.00" 0.00
Location, Wheel Chocks - Left Side Rear Tire, Forward and Rearward
40 ABS Wabco Brake System, Single rear axle 0.00
Qty, Pair - 01
39 Mounting Brackets, Chocks, SAC-44-E, Folding, Horizontal 470.63
Qty, Pair - 01
37 Mud Flap, Front and Rear, Pierce Logo 0.00
38 Chocks, Wheel, SAC-44-E, Folding 673.61
35 Tire Balancing, Counteract Beads 0.00
36 Tire Pressure Monitoring, RealWheels, AirSecure, Valve Cap, Single Axle 0.00
Qty, Tire Pressure Ind - 6
33 Tires, Rear, Goodyear, G289 WHA, 315/80R22.50, 20 ply, Single 826.00
34 Wheels, Rear, Alcoa-Accuride, 22.50" x 9.00", Aluminum-Steel, Hub Pilot, Single 0.00
31 Suspen, Rear, Standens, Spring, 24,000 lb, Imp/Vel 0.00
32 Oil Seals, Rear Axle 0.00
29 Axle, Rear, Meritor RS24-160, 24,000 lb, Imp/Vel/Dash CF 1,929.24
30 Top Speed of Vehicle, 68 MPH 0.00
27 Tires, Front, Goodyear, G289 WHA, 315/80R22.50, 20 ply 3,127.31
28 Wheels, Front, Alcoa, 22.50" x 9.00", Aluminum, Hub Pilot 0.00
25 Shock Absorbers, KONI, TAK-4, Qtm/AXT/Imp/Vel/DCF/Enf 0.00
26 Oil Seals, Front Axle 0.00
23 Axle, Front, Oshkosh TAK-4, Non Drive, 19,500 lb, Imp/Vel 20,925.00
24 Suspension, Front TAK-4, 19,500 lb, Qtm/AXT/Imp/Vel/Dash CF/Enf 0.00
21 Frame Rails, 13.38 x 3.50 x .375, Qtm/AXT/Imp/Vel/DCF 0.00
22 Frame Liner Not Req'd 0.00
20 GVW Rating 0.00
GVW rating - 43500
18 Velocity Chassis (Med Block), 2010 4,441.00
19 Wheelbase 0.00
Wheelbase - 184.50 inches
16 Approval Drawing 0.00
17 Electrical Diagrams 0.00
14 Bid Bond Not Requested 0.00
15 Performance Bond, Not Requested 0.00
12 Consortium, Florida Sheriff's 0.00
13 Unit of Measure, US Gallons 0.00
10 Vehicle Certification, Pumper 0.00
11 Agency, Apparatus Certification, Pumper/Tanker, U.L. 0.00
8 Comply NFPA 1901 Changes Effective Jan 1, 2016, With Exceptions 0.00
9 Pumper/Pumper with Aerial Device Fire Apparatus 0.00
7 SP Fast Track Template Truck 0.00
Fill in Blank - Booked with 495 options and 33 sps
5 Vehicle Destination, US 0.00
6 Comparison Report Required 0.00
Fill in Blank - 33243
3 Manufacture Location, Appleton, Wisconsin 0.00
4 RFP Location: Appleton, Wisconsin 0.00
1 No Boiler Plates requested 0.00
2 Single Source Compliance 0.00
Line Type Option Description Price
Body: Pumper, Medium, Aluminum, 2nd Gen 41 (Current: 41)
Chassis:Velocity Chassis (Med Block), 2010
Requirements Manager:
Description: Clearwater FY24 Vel Pumper
Representative Bouwer, Dustin
Organization:Ten-8 Fire & Safety, LLC
Option List 3/17/2022
Customer:861
3/21/2022 12:38 PM
Bid #:
861
Page 1
0000858 1
0012034 3
0615609 1
0736447 1
0001244 1
0687994 1
0552334 1
0123135 1
0794761 1
0769434 1
0632182 1
0787999 1
0722487 1
0788718 1
0051125 1
0001129 1
0692516 1
0723716 1
0582243 1
0699437 1
0698720 1
0642572 1
0625329 1
0684459 1
0090176 1
0683847 1
0001370 1
0669988 1
0001544 1
0509230 1
0690274 1
0524744 1
0616489 1
0728443 1
0760795 1
0728504 1
0510226 1
0522573 1
0698960 1
0668315 1
0602647 1
0677478 1
0122465 1
0123176 1
0752555 2
0029007 1
0002224 193 Scuffplates, S/S At Cab Door Jambs, 4-Door Cab 853.86
Material Trim/Scuffplate - c) S/S, Polished
92 SP Scuffplates, On Rear Corners of Cab 590.13
Material Trim/Scuffplate - c) S/S, Polished
91 Scuffplate, S/S, Striker Side, Cabinet Door(s), Each 314.40
Location - DS and PS EMS compartment exterior access doors
Qty, - 02
89 Cab Lift, Elec/Hyd, Imp/Vel 0.00
90 Grille, Bright Finished, Front of Cab, Impel/Velocity 0.00
87 Engine Tunnel, ISL, Spray Insulation, Imp/Vel FR 129.41
88 Rear Wall, Exterior, Cab, Aluminum Treadplate 0.00
85 Coating, Top Flange, Front Bumper, Outside Exterior, Line-X Coating, Black 520.16
86 Cab, Velocity FR, 7010 Raised Roof 371.00
83 Lift & Tow Package, Imp/Vel, AXT, Dash CF 0.00
84 Tow Hooks Not Required, Due to Lift and Tow Package 0.00
82 SP Hose Restraint, Bumper Tray, 1" Nylon Webbing, Outboard Mounted, Fasteners 202.55
Type of fastener - 1" side release
81 SP Tray, Hose, Left, 15.5" Deep, 13.5" Wide, 17.5" Long, Radius Lip 1,056.39
Grating, Bumper extension - Grating, Rubber
Capacity, Bumper Tray - 21) 150' of 1.75"
Capacity, Bumper Tray - 20) 125' of 1.75"
80 SP Hose Restraint, Bumper Tray, 1" Nylon Webbing, Passenger Side Mount, Fasteners 78.00
Type of fastener - 1" side release
78 Bumper, 22" Extended, Steel, Painted, Imp/Vel 82.00
79 Tray, Hose, Center, 22" Bumper, Inside Air Horns, 13" Deep, Imp/Vel 0.00
Grating, Bumper extension - Grating, Rubber
Text, Row (2) Two - Fire
Text, Row (3) Three - Rescue
76 Steering Wheel, 4 Spoke without Controls 0.00
77 Logo/Emblem, on Dash 0.00
Text, Row (1) One - Clearwater
74 Steering, Sheppard M110 w/Tilt, TAK-4, Eaton Pump, w/Cooler 0.00
75 Not Required, Steering Assist Cylinder on Front Axle 0.00
72 Fluid, 3000 Series Transmission, TES-295 TranSynd synthetic, IPOS, Custom 378.43
73 Driveline, Spicer 1710 0.00
70 Transmission Oil Cooler, Modine, External 0.00
71 Mode, Downshift, Aggressive downshift to 3rd, w/engine brake, 5 speed 170.16
68 Trans, Allison 5th Gen, 3000 EVS P, w/Prognostics, Imp/Vel/DCF/SFR/Enf -13,861.00
69 Transmission, Shifter, 5-Spd, Push Button, 3000 EVS 0.00
66 Cooler, Chassis Fuel, Not Req'd. 0.00
67 Fuel Cap Retaining Chain With Holder 58.78
64 Fuel Priming Pump, Electronic, Automatic, Cummins, No Swt Req'd 0.00
65 Shutoff Valves, Fuel Line @ Primary Filter, Cummins 376.47
62 Lines, Fuel 0.00
63 DEF Tank, 4.5 Gallon, DS Fill, Rear of Axle, Common Door, Spring Flip Door 241.39
Door, Material & Finish, DEF Tank - Polished Stainless
61 Fuel Tank, 75 Gallon, Left Side Fill, Qtm/AXT/Vel/Imp/DCF/SFR/Enf 0.00
Finish - Painted, Chassis Frame Color
59 Cooling Hoses, Gates Silicone and Rubber Combination 0.00
60 Radiator Coolant, Peak Final Charge Global OAT, Red 675.96
57 Diffuser, Exhaust, Curved Down, Chrome, Medium Block 552.53
58 Radiator, Impel/Velocity 0.00
55 Exhaust System, 4", 2017 L9 Engine, Horizontal, Right Side 0.00
56 SP Exhaust, Modified 20 Degree - Flush With Rubrail, Approval Req'd 508.38
53 Clutch, Fan, Air Actuated, Horton Drive Master 0.00
54 Air Intake, w/Ember separator, Imp/Vel 0.00
51 High Idle w/Electronic Engine, Custom 0.00
52 Engine Brake, Jacobs Compression Brake, Cummins Engine 0.00
Switch, Engine Brake - e) ISC/ISM/ISL9/ISX Hi Med Lo
49 Fittings, Compression Type, Entire Apparatus, Single Rear Axle 1,701.74
50 Engine, Cummins L9, 450 hp, 1250 lb-ft, W/OBD, EPA 2021, Imp/Vel -30,405.00
48 Moisture Ejector, Manual, Remote Mounted 577.30
Location - Under LS3
Qty, Man. Moist Ejector - 3
47 Inlet/Outlet, Air, w/Disconnect Fitting 207.00
Location, Air Coupling(s) - a) DS Step Well
Qty, Air Coupling (s) - 1
3/21/2022 12:38 PM
Bid #:
861
Page 1
0527032 1
0015440 1
0559131 1
0667921 1
0655511 1
0667905 1
0667902 1
0606691 1
0770200 1
0892637 1
0002140 1
0592071 1
0568605 1
0012090 1
0509286 1
0558334 1
0775634 1
0123686 1
0773956 1
0748671 1
0667943 1
0509532 1
0741239 1
0639675 1
0567443 1
0002526 1
0122516 1
0583040 1
0622618 1
0697006 1
0696991 1
0002517 1
0754652 1
0102783 1
0752556 1
Material Finish, Shelf - Painted - Cab Interior
Shelf/Tray, Cabinet - (2) Shelves, Adjustable, 0.75" Up-Turned Lip
128 Cabinet, Rear Facing, RS, 21.5 W x 40.5 H x 26.5 D, Roll, Ext Acc, Imp/Vel 2,462.00
Light, Short Cabinet - Pierce, Interior, Right Side
Scuffplate, Material/Finish - S/S, Polished
Louvers, Cabinet - 0-No Louvers
127 Not Required, Seat, Rr Facing C/C, Center 0.00
Door, Exterior Stop - Web Strap
Door, Cab Interior Cabinet - Rollup, Gortite, Anodized, Locking #751
Shelf/Tray, Cabinet - (2) Shelves, Adjustable, 0.75" Up-Turned Lip
Door, Cab Exterior Cabinet - Double Pan, Locking #751
Scuffplate, Material/Finish - S/S, Polished
Material Finish, Shelf - Painted - Cab Interior
125 Not Required, Radio Compartment 0.00
126 Cabinet, Rear Facing, LS, 24 W x 40.5 H x 30.5 D, Roll, Ext Acc, Imp/Vel 2,512.00
Light, Short Cabinet - Pierce, Interior, Left Side
123 Seat, Driver, Pierce PS6, Premium, Air Ride, High Back, Frontal Impact 1,531.00
124 Seat, Officer, Pierce PS6, Premium, Air Ride, SCBA, Frontal Impact 1,503.00
121 Frontal Impact Protection 2,924.04
122 Seating Capacity, 5 Seats 0.00
120 Fluid Check Access, Imp/Vel 11.61
Latch, Door, Storage - Southco C2 Black Flush
118 Grab Handles, DS & PS Door Post & Passenger Dash panel, Imp/Vel 117.54
119 Light, Engine Compt, All Custom Chassis 0.00
117 Sun Visor, Smoked Lexan, AXT, Imp/Vel, Saber FR/Enforcer 0.00
Sun Visor Retention - No Retention
HVAC System, Filter Access - Removable Panel
Auxiliary Cab Heater - None
115 Floor, Rubber Padded Cab & Crew Cab, Imp/Vel, Dash CF 0.00
116 HVAC, Impel/Velocity FR, CARE 1,485.00
Paint Color, A/C Condenser - Painted White #10
114 Cab Interior, Paint Color, Impel/Velocity FR 0.00
Color, Cab Interior Paint - b) black
113 Cab Interior, Vinyl, Velocity FR, CARE 0.00
Color, Cab Interior Vinyl/Fabric - Endure Vinyl - Black
112 SP Work Surface, 3/16" Alum, Full Engine Tunnel, Upper 36.5, Lower Lip, Vel/Imp FR 953.13
Material Finish, Cab Interior - Painted
Lip - 2.00"
110 SP Fasteners, S/S, Rain Drip, IATS 651.11
111 Drip Rail, Cab Roof, Impel/Velocity/Velocity SLT 354.41
108 Not Required, Windows Rear of Crew Cab, Imp/Vel 0.00
109 Not Required, Trim, Cab Rear Windows, No Rear Windows 0.00
106 Not Required, Interior Trim, No Cab Side Windows 0.00
107 Not Required, Windows, Front/Side of raised roof 0.00
104 Fenders, S/S on Cab 0.00
105 No Windows, Side of Crew Cab, Vel/Imp 178.00
103 Lights, Cab & Crw Cab Acs Stps, P25, LED w/Bezel, 1Lt Per Step 32.24
Color, Trim - Chrome Housing
102 Handrail, Exterior, Hansen, Knurled, Alum, LED Backlit, 4-Door Cab 1,000.37
Color, Handrail Light - Red
Control, Handrail Light - Cab Switch and Parking Brake
101 Steps, 4-Door Cab, Dual, 2" Larger Middle and Bottom Steps, Imp/Vel 1,393.38
Light, Step, Additional - P25 LED
99 Storage Pockets w/ Elastic Cover, Recessed, Overhead, Impel/Velocity FR 0.00
100 Controls, Electric Windows, All Cab Doors, Impel/Velocity FR 0.00
Cab, Exterior Door Handle, Finish - 4-Door, Chrome/Black
98 Door Panel, Brushed Stainless Steel, Impel/Velocity 4-Door Cab 515.00
Finish, Mirror Head - Chrome
97 Door, Half-Height, Velocity FR 4-Door Cab, Raised Roof 0.00
Key Model, Cab Doors - 751
95 No Chrome Molding, On side of cab 0.00
96 Mirrors, Forward Mtd, Remote, Pierce One-Eleven, LED Turn Signal 1,514.00
Finish, Arm Cover - Chrome
94 Trim, S/S Band, Across Cab Face, Rect Lights, Velocity 0.00
Material Trim/Scuffplate - c) S/S, Polished
Turnsignal Covers - No Covers
Material Trim/Scuffplate - c) S/S, Polished
3/21/2022 12:38 PM
Bid #:
861
Page 1
0740001 1
0649764 1
0739999 1
0651182 2
0566653 1
0543991 4
0690610 1
0734952 1
0678689 1
0603867 1
0604864 1
0627014 1
0602464 1
0647647 1
0631779 1
0727858 1
0602637 1
0554191 2
0568369 1
0509511 1
0543751 1
0509042 1
0611681 1
0555915 1
0583273 1
0548004 1
0560535 1
Location - PS EMS compartment. lower outboard wall
12vdc power from - Battery direct
Wire termination - Butt Splice
Location, Spare Wiring - Center Console and behind panel location #9
155 Wiring, Spare, 15 A 12V DC 4th 118.58
Qty, - 01
12vdc power from - Battery direct
Wire termination - Butt Splice
Location - behind panel #9 (wrap around console)
154 Wiring, Spare, 15 A 12V DC 1st 118.58
Qty, - 01
153 Wire, 18-ga. Spare, Dual Wire 1st 145.73
Qty, - 01
Location 2 - Behind driver's seat
Location, Emerg Sw Pnls - Driver's Side Overhead
152 Wiper Control, 2-Speed with Intermittent, MUX, Impel/Velocity 254.02
150 Messages, Open Dr/DNMT, Color Dsply, 0.00
151 Switching, Cab, Membrane, Impel/Velocity/Quantum, Dash CF, AXT WiFi MUX 0.00
148 Air Restriction Indicator, Imp/Vel, AXT, Dash CF, Enf MUX 0.00
149 Light, Do Not Move Apparatus 68.00
Alarm, Do Not Move Truck - Pulsing Alarm
Location, Lights - to be installed at final inspection. wiring location to be at either
side of the rear engine tunnel147 Cab Instruments, Ivory Gauges, Chrome Bezels, Impel/Velocity 2010 0.00
145 Portable Hand Light, Provided by Fire Dept, Pumper NFPA 2016 Classification 0.00
146 Handlight, Streamlight, Fire Vulcan, 44451, C4 LED, Tail Lights, 12v, Orange 582.59
Qty, Lights - 02
12vdc power from - Battery switched
Color, Trim - Black Housing
144 SP Light, Map, Sunnex SL9-200*25L LED Clear Lens, Swivel Joint, 25 Deg Optics 893.96
Location - over Officer left shoulder
Qty, - 01
Control, Dome Lt Color - Lens Switch
143 Light, Map, Overhead, Round Halogen, AXT/Imp/Vel/Dash CF, Hawk EX 0.00
12vdc power from - Battery switched
Color, Dome Lt Bzl - Black
Control, Dome Lt White - Door Switches and Lens Switch
141 Helmet Storage, Provided by Fire Department, NFPA 2016 0.00
142 Lights, Dome, FRP Dual LED 4 Lts 0.00
Color, Dome Lt - Red & White
139 Seat Belt Height Adjustment, 5 Seats, Imp/Vel, Dash CF 295.48
140 Pick Not Required, Seat Belt Color Selected in Seat Belt Category 0.00
Qty, - 1
138 Seat Belt, ReadyReach 0.00
Seat Belt Color - Red
Louvers, Cabinet - Louvers, Door
137 Compt, Enclose, Forward Facing Seat Riser, VEL/IMP/Qtm/SFR/Enf 424.33
Location - under center forward facing rear crew seat
136 Door, Access, Front, (2) Rear Facing Seat Risers, No Heater 370.33
Latch, Door, Storage - Southco C2 Black Raised
Material Finish, Cab Interior - Black
135 Embroidery, Seats, Cab and Crew Cab 1,095.32
Qty, Seats Embroidery - 5 Seats
134 Bracket, Air Bottle, Hands-Free II, Cab Seats 3,633.33
Qty, - 04
133 Upholstery, Seats In Cab, Turnout Tuff 0.00
Color, Cab Interior Vinyl/Fabric - c) Black
Qty, - 02
Material Trim/Scuffplate - b) S/S, Brushed
131 SP Seat, Forward Facing C/C, PS Outboard, Pierce PS6, Base, SCBA, 17" Btm, 3" Inbrd 1,550.63
132 Scuffplate, Cabinet, Interior Door Pan, Cab 327.75
Location - DS and PS EMS cabinets external doors
129 SP Seat, Forward Facing C/C, DS Outboard, Pierce PS6, Base, SCBA, 17" Btm, 3" Inbrd 1,550.63
130 Seat, Forward Facing C/C, Center, (1) Pierce PS6, Base, SCBA, 17" Btm 0.00
Door, Cab Interior Cabinet - Rollup, Gortite, Anodized, Locking #751
Louvers, Cabinet - 0-No Louvers
Door, Cab Exterior Cabinet - Double Pan, Locking #751
Door, Exterior Stop - Web Strap
3/21/2022 12:38 PM
Bid #:
861
Page 1
0790556 1
0548046 1
0547505 1
0743033 1
0615386 1
0734857 1
0606247 1
0692961 1
0665245 1
0616382 1
0694166 1
0653526 1
0511071 1
0615100 1
0730603 1
0079166 1
0008621 1
0123174 1
0579436 1
0012779 1
0531403 1
0016857 1
0026800 1
0647728 1
0676572 1
0532857 1
0627524 1
0092582 1
0783153 1
0648425 1
0620054 1
0648067 1
0627282 1188 Lights, Clearance/Marker/ID, Rear, FRP LED Bar & P25 LED 4Lts 0.00
186 Light, Directional/Marker, Intermediate, Weldon 9186-8580-29 LED 2lts 0.00
187 Lights, Clearance/Marker/ID, Front, Truck-Lite 35200Y LED 7 Lts 163.61
Light Guard - Without Guard
185 Light, Directional, Wln 600 Cmb, Cab Crn, Imp/Vel/AXT/Qtm/DCF 0.00
Color, Lens, LED's - m)match LED's
184 Headlights, Rect LED, JW Spkr Evo 2, AXT/DCF/Enf/Imp/Sab/Vel 2,130.83
Color, Headlight Bez - Chrome Bezel
183 Load Manager/Sequencer, MUX 0.00
Enable/Disable Hi-Idle - d)High Idle disable
181 SP Programming, Step Lights, Activated w/Prk Brk, IAT 157.77
182 SP Scene Light Switching, All Lights controlled by 1 switch cab,1 switch rear. 129.41
179 Alternator, 430 amp, Delco Remy 55SI 0.00
180 SP Switch, Rocker Style, Load Manager 125.72
Shoreline Connection - battery charger and cab receptacle
178 Shoreline Location 113.23
Location, Shoreline(s) - DS Extd Bumper
177 Shoreline, 20A 120V, Kussmaul Auto Eject, 091-55-20-120, Super 641.10
Qty, - 01
Color, Kussmaul Cover - b) red
175 Location, Charger, Cab In Seat Box, "All Custom Chassis" 258.33
176 Location, Bat Chrg Ind, Driver's Seat with Bracket 291.39
173 Battery Compartment, Imp/Vel 0.00
174 Charger, Sngl Sys, Kussmaul, 1200, 091-187-12-Remote, 40 Amp Bar Display 2,013.84
171 Batteries, (4) Exide Grp 31, 950 CCA ea, Threaded Stud 0.00
172 Battery System, Single Start, All Custom Chassis 0.00
169 Pierce Command Zone, Advanced Electronics & Control System, Diag LEDs, Vel, WiFi 2,501.38
170 Electrical System, Velocity ESP, Cummins, Paccar 0.00
168 Guard, 4-Way, Rear Vision Camera 143.62
Qty, - 01
Location - match previous
Location 1 - Behind Driver's seat
167 Camera, Pierce, Driver Mux, Rear Camera Only 962.01
Camera System Audio - Speaker on Ceiling Behind Driver
166 Antenna Mount, Larsen NMOKHFUDTHK, 0-6000MHz 172.15
Location - best roof location
Qty, - 01
Location 2 - behind panel #6
165 Install Customer Provided GPS/Multimode Antenna(s) 451.98
Qty, - 01
164 Cable, Motorola HKN6168, 30' Mobile 2-way Radio, Remote Head 278.38
Location - behind driver's seat
Qty, - 01
Qty, - 01
Location 2 - behind panel #3
162 Vehicle Data Recorder w/CZ Display Seat Belt Monitor 0.00
163 Cable, Motorola HKN6169, 17' Mobile 2-way Radio, Remote Head 257.77
Location - behind driver's seat
161 Collision Mitigation, HAAS Alert (R2V), HA5 0.00
Subscription, HAAS R2V - R2V - 5 Year Data Plan Subscription
159 Bin, Center Dash Console 0.00
160 Vehicle Information Center, 7" Color Display, Touchscreen, MUX 2,627.16
System Of Measurement - US Customary
Wire termination - Butt Splice
Location - behind driver's seat
158 Wiring, Spare, 10 A 12V DC 1st 118.58
Qty, - 01
12vdc power from - Battery switched
Wire termination - Stud
Location - behind driver's seat
157 Wiring, Spare, 60A 12V DC 1st 244.23
Qty, - 01
12vdc power from - Battery direct
Location 2 - in wrap around center console behind panel #9
Location - behind driver's seat
156 Wire, CAT 6, terminated, Spare, Qty, 1st 449.17
Qty, - 01
3/21/2022 12:38 PM
Bid #:
861
Page 1
0732014 1
0732016 1
0664481 1
0589905 1
0763285 1
0769569 1
0769572 1
0770056 1
0769567 2
0622040 1
0609064 2
0776357 1
0774948 1
0775524 1
0774334 2
0774017 2
0774336 2
0532358 1
0645668 1
Control, Hose Bed Lts - DS Pump Panel Sw
Qty, - 01
Light Guard - Without Guard
206 Not Required, Deck Lights, Other Hose Bed & Rear Lighting 0.00
207 Lights, Front of Hose Bed, Wln 70C0ELZR LED 480.32
Location - mounted high and centered on cross divider
Scene Light Optics - Flood
Mount, Wln II - Universal Bail P**1
Color, Wln Lt Housing - White Paint
Control, Scene Lts - Cab Sw Panel DS
205 Lights, Wln, P*H1* Pioneer, 12 VDC, 1st 3,262.82
Location - DS catwalk. Match 33243
Qty, - 02
Scene Light Optics - Flood
Mount, Wln II - Semi-recessed 15 deg P**1
Color, Wln Lt Housing - White Paint
Control, Scene Lts - Cab Sw Panel DS
204 Lights, Wln, P*H1* Pioneer, 12 VDC, 3rd 2,457.00
Location - One DS and one PS rear Match 33243
Qty, - 02
Scene Light Optics - Flood
Mount, Wln II - Universal Bail P**1
Color, Wln Lt Housing - White Paint
Control, Scene Lts - Cab Sw Panel DS
203 Lights, Wln, P*H1* Pioneer, 12 VDC, 2nd 3,262.82
Location - PS catwalk. Match 33243
Qty, - 02
Scene Light Optics - flood
Mount, Wln II - Semi-recessed 15 deg P**1
Color, Wln Lt Housing - White Paint
Control, Scene Lts - Cab and Crew Cab Dr Sw, DS and DS Flood Lts
202 Lights, Wln, P*H1* Pioneer, 12 VDC, 1st 2,001.56
Location - High and rear of DS crew door
Qty, - 01
Scene Light Optics - flood
Mount, Wln II - Semi-recessed 15 deg P**1
Color, Wln Lt Housing - White Paint
Control, Scene Lts - Cab and Crew Cab Dr Sw, PS and PS Flood Lts
201 Lights, Wln, P*H1* Pioneer, 12 VDC, 2nd 2,001.56
Location - High and rear of PS crew door
Qty, - 01
Control, Scene Lts - Cab Sw Panel DS
Scene Light Optics - Flood
Location, driver's/passenger's/center - Centered
Color, Wln Lt Housing - White Paint
Qty, - 02
200 Light, Visor, Wln, 12V P*H2* Pioneer, Cnt Feature, 1st 2,328.98
Qty, - 01
198 SP Lights, Step, P25 LED 4lts, Pump Pnl Sw, Cab Sw 325.00
199 SP Trim, SS Polished Arround Recessed Light At the Rear of the Apparatus. 512.39
Location - DS and PS rear
197 Lights, Perimeter, Amdor AY-LB-12HW012 12" LED, Brkt 325.14
Qty, Lights - 02
Location, Additional Perimeter Lights - Under Compt D1, 1lt and Under Compt
P1, 1lt
196 Lights, Perimeter Body, Amdor AY-LB-12HW020 LED 2lts, Rear Step 341.00
Control, Perimeter Lts - DS Switch Panel and Ignition Switch
194 Lights, Perimeter Cab, Amdor AY-LB-12HW012 LED 4Dr 0.00
195 Lights, Perimeter Pump House, Amdor AY-LB-12HW020 LED 2lts 0.00
192 Alarm, Back-up Warning, PRECO 1040 0.00
193 SP Alarm, Floyd Bell, Announcer, Fasten Seatbelts, 3Sec, 85 to 90dB 410.71
Location, Alarm - Crew Cab
Color, Trim - Chrome Trim
191 Bracket, License Plate & Light, P25 LED 0.00
Color, Lens, LED's - Clear
Color, Trim - Chrome Trim
190 Lights, Backup, Wln C6BU, LED, Trm Fet 358.00
189 Lights, Tail, Wln C6BTT* Red Brak/Tail, C6T* Amb Dir, Trm Fet 471.00
3/21/2022 12:38 PM
Bid #:
861
Page 1
0645677 1
0787447 1
0007883 1
0060115 1
0554271 1
0013303 1
0003405 1
0541296 1
0010011 1
0635329 1
0553725 1
0003429 1
0003424 1
0048710 1
0030007 1
0514778 1
0556223 1
0723545 1
0003481 1
0083488 3
0899313 1
0040083 2
0730533 1
0695401 1
0681766 1
0690027 1
0003531 1
0590926 2
0014110 2
0003561 1
0023650 1
0063658 1
0692733 6
0098470 1
0692746 1
0554995 1
0634455 1
0509489 1
0016023 1
0618000 2247 SP Guard, S/S for "D" Latch Handle on Access Door, Each 365.79
Location - Each door at pump panel next to crosslays Mount on inside of slam
latch so back boards cannot hit lock and unlock Qty, - 02
Qty, Scuffplates - 01
246 Scuffplate, Polished S/S On Rear Outside Edge of Body 651.74
244 Scuffplate, Brushed S/S, Insides of Hose Bed Walls (3) 1,170.60
245 Scuffplate, S/S, Rear Ladder Rack Arm 125.99
Location - DS
Latch, Roll-up Door, Gortite - Locking, 751, AXT/Qtm/Dash CF/Saber Cab
243 No Body Modification Required 0.00
241 Compt, Flush Rear, Rollup, 30.75" FF, 25.88" D 335.00
242 Door, Gortite, Rollup, Rear Compartment 91.00
Color, Roll-up Door, Gortite - Satin finish
Color, Roll-up Door, Gortite - Painted to Match Lower Body
Latch, Roll-up Door, Gortite - Non-Locking Liftbar
239 RS 152" Rollup, Full Height Front & Rear, FDLER 0.00
240 Doors, Rollup, Gortite, Side Compartments 1,083.00
Qty, Door Accessory - 06
237 Construction, Compt, Alum, Pumper 0.00
238 LS 152" Rollup, Full Height Front & Rear, FDLER 0.00
236 Tray, Hose, Running Board, 100' of 1.50" Hose 629.00
Location, Hose Tray, Running Board - a) both sides
Qty, Tray, Hose - 2
235 Hose Restraint, Running Board, Velcro Straps 153.00
Location, Hose Tray, Running Board - a) both sides
Qty, Tray, Hose - 2
233 Wall, Rear, Smooth Aluminum/Body Material, Flush Rear Wall 0.00
234 Tow Bar, Under Tailboard 0.00
231 Running Boards, 14.75" Deep, Rear 45 Degree Corner 113.45
232 Tailboard, 16" Deep, Full Width, Extended Substructure, Angled Corners 1,513.85
Type of fastener, Rear - Velcro straps
Type of fastener, Front - Velcro straps
230 SP Hose Restraint, Hose Bed, Vinyl, Top Only, w/Special Webbing & Velcro 1,003.13
Color, Vinyl Cover - c) black
Type of fastener - Velcro straps
229 SP Divider, Hose Bed, Unpainted, Extruded, Additional 1,263.77
Location - Install two in the center of the hose bed Match previous unit 29715
Qty, - 02
228 SP Hose Restraint, Hose Bed, 2" Nylon Web, Rr, (2)Seat Belt Top,Spl Base,Clearwater 100.00
Nylon Web Color - Black
227 Divider, Hose Bed, .25" Unpainted 1,967.00
Qty, Hosebed Dividers - 3
226 Hose Bed Capacity, Special 0.00
Capacity, Hosebed - starting from the driver's side: 400' of 2.5", 300' of 3", 300' of
3", 1100' of 5", 150' of 1.75" and 200' of 1.75"
Material Trim/Scuffplate - b) S/S, Brushed
225 Unpainted/Dual Action Finished Aluminum Hose Bed, 2G Pumper/Tankers 0.00
223 Not Required, Switch, Tank Dump Master 0.00
224 Hose Bed, Aluminum, Pumper, New York Style, Fill In Blank Height 2,268.61
Fill in Blank - 62
221 Not Required, Jet Assist 0.00
222 Not Required, Dump Valve Chute 0.00
219 Not Required, Direct Tank Fill 0.00
220 Not Required, Dump Valve 0.00
217 Modified Poly Tank & Cradle, Ext'd To Rear, Pumper 1,428.82
218 Restraint, Water Tank, Heavy Duty, Special Type Tank, 4x4, or Export 588.44
216 Fill Dome Special Location 0.00
Location, Tank Dome - Match 33243 - in line and rearward of foam dome
214 Overflow, 4.00" Water Tank, Poly 0.00
215 SP Dome, Foam Fill, Location 0.00
Location - Match 33243. On the DS front corner of upper portion of water tank
212 Body Skirt Height, 20" 0.00
213 Tank, Water, 500 Gallon, Poly, Med, New York Style 1,289.00
210 Switch, Master, Pump Panel Lights 251.61
211 Pumper, Medium, Aluminum, 2nd Gen 0.00
208 Lights, Not Required, Rear Work, Alt. 12 Volt Lights At Rear Body 0.00
209 Lights, Walk Surf, Dual LED Light Strips, Cargo Area, Bdy Stp Lt 0.00
Light Bracket - No Bracket
3/21/2022 12:38 PM
Bid #:
861
Page 1
0019845 7
0616670 5
0689538 2
0687146 1
0600350 1
0627831 1
0726394 2
0003995 1
0602555 1
0009729 4
0696950 2
0004016 1
0784811 1
0519849 1
0621021 1
0778825 1
0739825 1
0749600 1
0657651 2
0004225 1
0004230 1
267 Ladder, 24' Duo-Safety 900A 2-Section 0.00
268 Ladder, 14' Duo-Safety 775A Roof 0.00
Latch, Air Bottle Compt - Southco C2 Chrome Raised
Insert, Air Bottle Compt - Rubber Matting and W-Shaped Insert
Qty, Air Bottle Comp - 2
Door Finish, Fender Compt - Polished
Location, Fender Compt - Double - LS Fwd and Double - RS Fwd
Location, Bracket/comp. - RS rear fender
Qty, Air Bottle Comp - 1
266 Compt, Air Bottle, Double, Fender Panel 0.00
Switch, Handrail Light Control - With Cab Hand Rail Controls
Color, Light, Hansen Handrail - Red
265 SP Compt, Air Bottle, Fender Panel, Dbl, Vertical, SouthCo C2 Latch 0.00
Switch, Handrail Light Control - With Cab Hand Rail Controls
Color, Light, Hansen Handrail - Red
264 SP Handrails, Rear, (3), (1) Above (2) Below, Hansen,Below Knurled Alum LED Backlit 1,324.17
Switch, Handrail Light Control - With Cab Hand Rail Controls
Color, Light, Hansen Handrail - Red
263 SP Handrails, Beavertail, Hansen Tubing, Knurled Aluminum, LED Backlit, RS Only 365.67
261 Not Required, Hose, Hard Suction 0.00
262 Handrails, Side Pump Panels, Per Print, Hansen Knurled Alum Tubing, LED Backlit 651.89
259 Rub Rail, Aluminum Extruded, Side of Body 0.00
260 Fender Crowns, Rear, Stainless, w/Removable Liner 0.00
Material Finish, Fender Liner - Painted Lower Body
Size - 9.25"
Dimensions - 7.25" by 3" high.
Qty, Comp. Accessory - 02
Location, Bracket/comp. - Match 33243 - the mounts will be positioned 49.25" off
the compartment floor to the top of curve. One (1) bracket to be 11" to center of bracket
Qty, Comp. Accessory - 04
258 High Rise Pack Storage, Curved Mount, Inside Compt, Each 1,140.36
Location - RS1
Qty, Comp. Accessory - 1
257 Pac Trac, Installed on Compt Walls 4,452.86
Location - rear upper tank wall of RS2, LS1, LS2 and LS3
Qty, Comp. Accessory - 01
256 No Louvers, Delete Standard Compt Louvers, Per Compt, Non-NFPA 2016 142.31
Location - B1
Location - upper/forward (of body) corner
255 Grating, Alum in Compt 169.12
Location - LS3
Location, Partition - c) both sides
Fill in Blank - a pike pole tube (broom storage) w/ open ends to pass through from
RS1 to LS1
Tray, Low Side Height, Right & Left - 1"
254 Partition, Trans Rear Compt, Notched 687.00
Qty, Partition - 02
Tray, Low Side Height, Front - 1"
Tray, Low Side Height, Rear - 1"
location - B1
Material - paint to match compt interior
Location, Shelves/Trays, Predefined - RS3-Centered
253 Tray, Floor Mounted, Slide-Out, Full Width/Full Depth, Low/Special Sides, 2G 1,498.00
Qty, - 01
252 Shelves, Adj, 500 lb Capacity, Full Width/Depth, Predefined Locations 0.00
Qty, Shelf - 01
Material Finish, Shelf - Painted - Nightspots
251 Shelf Tracks, Painted 0.00
Qty, Shelf Track - 01
Location, Shelf Track - RS3
250 Lights, Compt, Pierce, LED Light Strip, 54", Additional 417.23
Location, Lights - P2 and D2 mounted horizontal on ceiling
Qty, - 02
249 Lights, Compt, Pierce LED, Dual Light Strips, Each Side of Door, Pumper/Tanker 0.00
Qty, - 05
Location, Compartment Lights - LS1, LS3, RS1, RS3 and B1
248 Guard, Drip Pan, S/S, Rollup Door 1,183.85
Qty, Door Accessory - 07
Location, Door Accessory - all body compartment doors
3/21/2022 12:38 PM
Bid #:
861
Page 1
0028934 1
0756375 1
0733387 1
0761307 1
0040714 1
0024499 1
0795582 1
0725371 1
0602877 1
0602875 1
0058193 2
0784210 1
0785102 1
0592994 1
0005496 1
0035501 1
0004425 1
0004481 1
0559769 1
0635600 1
0605126 1
0003148 1
0004547 1
0014486 1
0746511 1
0564941 1
0641743 1
0780364 1
0603129 1
0795135 1
0004645 1
0004646 1
0084610 1
0004686 2
0004700 1
0004660 1
0004680 1
0897257 1
Drain, Suction - T Swing Handle
305 Inlet, Right Side, 2.50" 1,491.16
306 Inlet, 4" to 6" Front, 5" Plumbing, w/Bleeder Valve, Top of Bumper 1,780.61
Inlet, Size - Six
303 Control, Inlet, at Valve 0.00
304 Inlet (1), Left Side, 2.50" 0.00
302 Valve, Inlet(s) Recess Behind Panel, Side Cntrl 1,163.22
Qty, Inlets - 2
300 Cap, Main Pump Inlet, Long Handle, NST, VLH 0.00
301 Valves, Akron 8000 series- All 0.00
298 Plumbing, Stainless Steel, w/Foam System 0.00
299 Inlets, 6.00" - 1250 GPM or Larger Pump 0.00
296 Manuals, Pump, (2) Total, Electronic Copies 0.00
297 Plumbing, Stainless Steel and Hose, Single Stage Pump 1,130.44
294 Controller, Pressure, FRC, Pump Boss, PBA200 0.00
295 Primer, Waterous, VPO Motor, (1) VAP Valve, (1) Push Button Control 250.00
293 Valve, Relief Intake, TFT 0.00
Pressure Setting - 125 psig
291 Auxiliary Cooling System 0.00
292 Not Required, Transfer Valve, Single Stage Pump 0.00
289 Pump Shift, Air Mnl Override, Split Shaft, Interlocked, Waterous 0.00
290 Transmission Lock-up, EVS 0.00
287 Trans, Pump, Waterous C20 Series 0.00
288 Pumping Mode, Stationary Only 0.00
285 Pump, Waterous, CSU, 1500 GPM, Single Stage 5,044.00
286 Seal, Grafoil, Waterous 0.00
283 Pump House, Side Control, 45" 0.00
284 Pump House Structure, Std Height 0.00
282 Steps, Folding, Rear of Body, w/LED, Trident 0.00
Coating, Step - luminescent
281 Steps, Folding, Front of Body, Cargo Bed Access, w/LED, Trident 996.00
Coating, Step - luminescent
Location, Steps - Full Height Right Side w/LED Light
280 SP Tubes, Alum, Long Tool Storage, 2.50" Diameter, Trans Through Rr Compt 349.62
Location - upper (toward front of body) corner of B1, open ends flush with
partitions for transverse pass through, per write up at final Qty, - 01
279 Tubes, Alum, Pike Pole Storage, Spcl Notch, NY PP Head 530.03
Location - on the left side hydraulic ladder rack, outboard, underneath the folding
ladder Qty, Pike Pole Tubes - 02
278 Pike Pole, 6', Pumper, Provided by Fire Department, NFPA 2016 0.00
Pike Pole Make/Model - Fire Hooks Unlimited New York Roof Hook, RH-6
277 Pike Pole, Pumper, Provided by Fire Department, NFPA 2016 0.00
Pike Pole Make/Model - Fire Hooks Unlimited 10' New York Roof Hook
Access, Backboard/Stokes/Long Tool Compt - Both
Size, Backboard, Predefined - 72"L x 18"W x 3"H
Hinge Location - Rearward
Location, BB/Stokes/Long Tool Storage Over Pump - Rearward, Cargo Area
Latch, Door, Storage - Southco M1 Push Close, Flush
Qty, Backboard Troughs - 2
Fill in Blank - 11'L x 24"W x 5" thick on the ends; however the board is curved so
there is 7" in the center. Also, the fin is 10.75" tall.276 Compt w/Door, Backboard, Over Pump 1,998.98
Door, Material & Finish, Storage - Polished S/S
274 Arm, Rear, Offset, Hydraulic Rack 2000, Recess Light 964.44
275 SP Bracket, Mounting, Surf Board, Inboard of Hydraulic Ladder Rack 524.57
Location - inboard of hydraulic rack similar to when HSH is mounted there
273 SP Ladder, Mounting, 2000 Rack Special Arrangement 258.83
Fill in Blank - They want the 14' ladder to load first so the first one off will be the
24'
272 Mounting Clips, Folding Ladder, Hydraulic Ladder Rack 0.00
Location, Folding Ladder Storage - Hydraulic Rack - Outboard
Trim, T-L 15 - Chrome
271 Ladder, 10' Duo-Safety Folding 585A 0.00
270 Lights, Hyd Lad Rack Deployed, Truck-Lite 15**** 0.00
Color, Light - Amber Flashing
Color, Lens, LED's - Clear
269 Rack, Ladders, Hydraulic, Left Side, Air Clamps 7,315.00
Ladder Rack Lock Enclosure/Light Mounting Bracket - LS Front & Rear S/S
Enclosure Location, Hydraulic Ladder Rack Controls - Pump Panel
3/21/2022 12:38 PM
Bid #:
861
Page 1
0014823 1
0737987 1
0732444 1
0004788 1
0092569 1
0064116 1
0092696 1
0009648 1
0037897 1
0092568 1
0723049 1
0029043 1
0004905 1
0062133 1
0004940 2
0005091 1
0092570 1
0035094 1
0004945 1
0025091 1
0092571 1
0089584 1
0005047 1
0005097 1
0649939 1
0633403 1
0004995 2
0602431 1
0024930 2
0065696 1
0092573 1
0752097 1
0723042 1
0091106 1
0770359 1
0029304 1
0046857 1
0723726 1
0722432 1
0723395 1
0723394 1
0029167 2
0029196 1
0591145 1
0029260 1
0750536 1
0034554 1353 SP Crosslays, 6.00" Lower Than Standard 907.59
351 Not Required, Speedlays 0.00
352 Hose Restr, Spdly, Not Required, No Spdly 0.00
349 Not Required, 2.50" Crosslay 0.00
350 Hose Restraint, Crosslay/Deadlay, Top and Ends, Elastic Netting 0.00
Qty, - 01
348 Crosslays Sngl Sheet Unpainted, (2+) 1.50", Std. Cap 0.00
Qty, Crosslays - 2
346 Speedlays, Not Required 0.00
347 Speedlays, Not Required 0.00
344 Speedlay Module Not Required 0.00
345 Hose Restraint Not Required, No Speedlay Module 0.00
342 No Nozzle Req'd 0.00
343 Deluge Mount, For TFT Crossfire Monitor, TFT Manual Extend-A-Gun Only 0.00
341 No Monitor Requested, Customer/Dealer Furnished and Installed 0.00
Fill in Blank - TFT Crossfire
339 Valve, 0.75" Bleeder, Discharges, "T" Swing Handle 0.00
340 Outlet, 3.00" Deluge w/TFT Extend-a-Gun XG18, Handwheel 2,851.00
337 Not Required, Outlet, Hose Bed/Running Board Tray 0.00
338 Caps/Plugs for 1.00" to 3.00" Discharges/Inlets, Chain 0.00
Qty, Discharges - 02
336 Not Required, Elbow, Rear Outlets, 1.50", Additional 0.00
334 Elbow, Rear Outlets, 2.50", Provided by Fire Department, NFPA 2016 0.00
335 Outlet, Rear, 1.50", Additional 4,256.91
Location - PS
333 Outlet, Rear, 2.50" 2,536.00
Qty, Discharges - 02
Location, Outlet - b) left side
Location, Front, Single - top of left bumper
332 Front Outlet, Raised, On a Bright Aluminum Treadplate Box 242.33
331 Outlet, Front, 1.50" w/2" Plumbing 2,870.63
Fitting, Outlet - 1.50" NST with 90 degree swivel
Drain, Front Outlet - Automatic
330 Elbow, Large Dia Outlet, 30 Deg, 4.00" FNST x 5.00" Storz 0.00
Qty, - 01
328 Not Required, Elbow, Right Side Outlets, Additional 0.00
329 Outlet, 4" w/4" Right, Handwheel 0.00
Valve, Brand - Akron
326 Elbow, Right Side Outlets, 45 Degree, 2.50" FNST x 2.50" MNST, VLH 0.00
327 Not Required, Outlets, Right Side Additional 0.00
324 Not Required, Elbow, Left Side Outlets, Additional 0.00
325 Outlet, Right Side, 2.50" 0.00
Qty, Discharges - 01
322 Elbow, Left Side Outlets, 45 Degree, 2.50" FNST x 2.50" MNST, VLH 0.00
323 Not Required, Outlets, Left Side Additional 0.00
321 Outlet, Left Side, 2.50" 0.00
Qty, Discharges - 02
319 Outlet, Tank Fill, 1.50" 0.00
320 Control, Outlets, Manual, Pierce HW if applicable 0.00
317 Valve, .75" Bleeder, Aux. Side Inlet, "T" Swing Handle 0.00
318 Tank to Pump, (1) 3.00" Valve, 3.00" Plumbing 0.00
315 SP Front Suction, Max Clearance 242.86
316 No Rear Auxiliary Inlet Requested 0.00
313 Not Required, Cap, Rear Inlet 0.00
314 No Rear Intake Relief Valve Required on Rear Inlet 0.00
311 No Rear Inlet (Large Dia) Requested 0.00
312 No Rear Inlet Actuation Required 0.00
Finish, Front Inlet Elbow/Adapter - Chrome
310 Cap, Front Inlet, Long Handle, VLH 0.00
309 Swivel, Front Inlet, 4.00" to 6.00", w/Drain 2,053.95
Inlet, Size - 6.00" inlet
Inlet Bleeder - Quarter-Turn Style Bleeder
308 Valve, Relief Intake, Front Inlet, TFT 882.74
Pressure Setting - 125 psig
Inlet, Front, Plumbing - Stainless Steel
307 Control, Front Inlet, Electric, w/Indicator Lights 1,044.11
Inlet, Front, Valve - Bray 5.00"
3/21/2022 12:38 PM
Bid #:
861
Page 1
0764515 2
0015412 1
0012126 1
0552517 1
0031896 1
0005448 1
0091036 1
0091079 1
0091112 1
0746445 1
0035570 1
0629224 1
0721765 1
0005945 1
0586382 1
0005601 1
0739224 1
0549333 1
0745568 1
0763096 1
0069390 1
0511078 1
0511100 1
0032297 1
0604123 1
0750438 2
0604354 1
0593161 1
0682261 1
0682498 1
0606697 1
0606833 1
0757092 1
0757084 1
0898102 1
0039791 1
0006133 1
0510206 1
0748306 1
0748291 1
0601375 1
0601551 1
0895310 1
0006095 1
0748305 1
0748280 1
0740834 1400 Sw, Siren Brake, Momentary Red, LS Overhead Sw Pnl 0.00
398 Control, Mech Siren, Multi Select 0.00
399 Control Mech Siren, Horn Ring 0.00
397 Siren, Mechanical, Mounted Above Deckplate 0.00
Location, Siren, Mech - a) Left
395 Location, Speaker, Frt Bumper, Recessed, Right Side, Outside Frame,Outbrd(Pos 1) 0.00
396 Siren, Federal Q2B 0.00
Finish, Q2B Siren - Chrome
394 Speaker, (1) Code 3, PB100C, Chrome 0.00
Connection, Speaker - siren head
392 Control, Elec Siren, Multi Select 0.00
393 Control, Elec Siren, Push Button Sw, LS 160.79
390 Siren, Code 3 3692 100W or 200W 58.00
391 Location, Elect Siren, Recessed Overhead In Console 0.00
Location, Elec Siren - Overhead, PS Inside Sw Pnl
389 Switch, Disable Air Horn Foot Switches 293.44
Location - Driver side switch panel
387 Control, Air Horn, Horn Ring 0.00
388 SP Control, Air Horn, Ft Sw, RS Prk Brk Interlocked 78.00
385 Location, Air Horns, Bumper, Each Side, Inside Frame (Pos #3 & #5) 0.00
386 Control, Air Horn, Multi Select 0.00
383 Light Shield/Step 8", PS LED, P25 LED Stp Lt 691.05
384 Air Horns, (2) Grover, In Bumper 403.00
381 Light Shield, S/S LED 0.00
382 Light Shield/Step 8", DS LED, P25 LED Step Lt 691.05
Color, Trim - Chrome Trim
380 Gauge, Foam Level, FRC, Tank Vision Pro, WLA 360-A00, Class "A" 1,092.01
Activation, Water Level G - pg) pump in gear
Location, Water Level Gauge, Multi-Select - Each Side Custom Cab
378 Gauge, Water Level, FRC, WLA 300-A00, TankVision Pro, w/Remote Light Driver 1,233.49
379 Water Level Gauge, Wln PSTANK2, LED 1-Light, 4-Level 1,008.17
Qty, - 02
377 Gauge, Flowmeter, Class 1, IAT 1,002.00
Qty, Gauges/Disc. - 01
Discharge w/Flowmeter - 4" PS LD discharge
375 Gauges, 4.00" Master, Class 1, 30"-0-600psi 0.00
376 Gauge, 2.00" Pressure, Class 1, 30"-0-400psi 0.00
373 Fittings, Compression IPO PTC, All Pump Panel Gauges 665.77
374 Control, Air Horn At Pmp Pnl, Red Button 218.62
371 Indicators, Engine, Included with Pressure Controller 0.00
372 Indicator Light, Pump Panel, Ok To Pump, Green 0.00
369 Throttle, Engine, Incl'd w/Press Controller 0.00
370 Indicator Light @ Pump Panel, Throttle Ready, Incl w/Pressure Gov/Throttle,Green 0.00
367 Light, Pump Compt 0.00
368 Gauges, Engine, Included With Pressure Controller 0.00
Material, Pump Panel, Side Control - Aluminum
366 Panel, Pump Access - Right Side Only, Side Control 0.00
Latch, Pump Panel Access, Side Mount - Swell Latch, Black
364 Pump Panel Configuration, No Match Required 0.00
365 Material, Pump Panels, Side Control Black Line-X 795.87
Material Finish, Pump Panel, Side Control - Black Line-X
363 Approval Dwg, Pump Operator's Panel, Includes Color And Label Tags 0.00
Num Of Truck(s) or Sim Unit, OPER Pump Pnl, Dwg - 33243
361 Not Required, Foam Tank #2 0.00
362 Not Required, Foam Tank #2 Drain 0.00
Foam, Brand Name - national
360 Drain, 1.00" Foam Tank #1 0.00
358 Demonstration, Foam System, Dealer Provided 0.00
359 Foam Cell, 40 Gallon, Not Reduce Water 2,312.01
Type of Foam - Class "A"
356 Not Required, CAF Compressor 0.00
357 Not Required, Refill, Foam Tank 0.00
Qty, - 02
355 Foam Sys, Akron Eductor 3126-125 (Single Agent) 7,645.78
Discharge - Forward crosslay
354 SP Scuffplate, Brushed S/S, Front & Rear Wall of Crosslay 649.94
Location - on the painted surfaces of the crosslays
3/21/2022 12:38 PM
Bid #:
861
Page 1
0746353 1
0607632 1
0641779 1
0723867 1
0778320 1
0620063 1
0756747 1
0740183 1
0896616 1
0895609 1
0734326 2
0740182 4
0662391 4
0773305 1
0006700 1
0088745 1
0006551 1
0006615 1
0781579 1
0519934 1
0007150 1
0602516 1422 NFPA Required Loose Equipment, Pumper, NFPA 2016, Provided by Fire Department 0.00
420 Not Required, Brand, Hydraulic Tool System 0.00
421 Bag of Nuts and Bolts 0.00
Qty, Bag Nuts and Bolts - 1
AC Power Source - Shoreline
Cover, Receptacle - Interior SS Wall Plate(s)
419 Receptacle, 15/20A 120V 3-Pr 3-Wr, NEMA 5-20R SB Dup, 1st, Interior Cab 380.39
Qty, - 01
Location 1 - DS EMS compartment. Lower inboard corner
417 Not Required, Lights, Rear Upper Zone Blocking 0.00
418 Mtg, Rear Warn Lts, On Top of Compt 0.00
Qty, Lights, Pair - 1
416 Light, Rear Zone Up, Wln L31HRFN LED Beacon, Red LED 0.00
Color, Dome, Rear Warning - j) both domes clear
Color, Lt PS Rear - a) PS Rear Lt Amber
415 Mounting, Lights, Recess In Rear Bulkhead (pair) 649.68
Location - one (1) each side on upper corners of bulkheads
414 Lights, Rear Zn Lwr, Wln C6L** LED 0.00
Color, Lens, LED's - Clear
Color, Lt DS Rear - a) DS Rear Lt Amber
Control, Light - b) side warning
Color, Lens, LED's - c)clear
413 Lights, Side, Wln WIONSMCD Split R/W LED, Chrome Flng,Mnt In Rub Rail 1st 1,346.24
Location, Lights - Center of each rub rail Total 4
Qty, - 04
Color, Lt Side Split - Red and White
Color, Trim - Chrome Trim
412 SP Lights, Side, Wln C6# LED 1st 2,048.23
Location, Lights - a pair rear of the crew cab door inline with the side warning light
on the front bumper. Put the second pair on the front bumper on the angled portion. Qty, - 04
Qty, - 02
Color, Trim - Chrome Trim
410 Connectors, Door Interior Flash, All Cabs, Butt Splice 0.00
411 SP Lights, Door Interior Flash, Cab Compt, Wln PSSEQACR LED, Strip Lt 966.33
Location - on the INTERIOR of the LS and RS exterior EMS cabinet doors
409 Lights, Door Interior Flash, 4 Dr Cab, Weldon 8401-0000-20 Strip Light 862.78
Control, Door Int Flash - None (Doors only)
Location, Light, Door Int Flash - Over Window
Color, Lt Side Mid LS Cmb - Red White
Color, Lt Side Mid RS Cmb - Red White
Color, Lt Side Frnt RS Cmb - Red White
Color, Lt Side Frnt LS Cmb - Red White
Color, Lt Side Rear PS - Red
Color, Lt Side Rear DS - Red
Location, Lights Rear Side - Over Rear Wheels
Color, Trim - Chrome Trim
Control, Scene Lts - Cab Sw Panel DS and Directional Light
Location, Lights Mid Side - Above front wheels on the EMS doors. match J#
34515
407 SP Flash Pattern,Wln Dominator To Phasing In/Out 234.88
408 SP Lights, Side Zone Lower, Wln C6#, C6#, M6V2*C 6lts 2,513.00
Location, Lights Front Side - b)each side bumper
Color, Lt PS Front Inside - r) PS Front Inside Red
406 Light, Front, Wln Dominator Plus DP8 30.36", 8-Red, Behind Low Grl Mt 2,044.20
Color, Lt PS Frnt Outside - PS Front Outside Red
Color, Lt DS Front Inside - r) DS Front Inside Red
405 Light, Front Zone, Wln C6L** LED, 4lts Q Bezel 0.00
Color, Lens, LED's - Clear
Color, Lt DS Frnt Outside - DS Front Outside Red
403 Bracket, Lightbar, Forward Offset, FR Raised Roof Cab 232.02
404 Lightbars, Wln, Freedom IV-Q, 2-21.5", RRWRR RRWRR 4,903.54
Lightbar Location, Cab/Crew Cab - c)over the cab doors
Momentary Opticom Activation - No Activation
Filter, Whl Freedom Ltbrs - No Filters
402 Lightbar, Wln, Freedom IV-Q, 81", RRRRWRRROptRRRWRRRR 5,755.00
Opticom Priority - b) High
Opticom Activation - E-Master
401 Not Required, Warning Lights Intensity 0.00
3/21/2022 12:38 PM
Bid #:
861
Page 1
0602407 1
0027023 1
0602538 1
0602360 1
0602679 1
0602667 1
0741569 1
0709846 1
0709845 1
0646897 1
0693797 1
0687653 1
0733739 1
0639088 1
0544087 1
0510041 1
0536954 1
0027341 1
0679885 1
0567374 1
0087355 2
0065687 1
0679822 1
0594559 1
0685932 1
0685817 13
0686084 4
0685732 4
0686082 1
0776253 1
0632430 1
0695610 1
0657001 2
0654570 2456 Emblem, Vinyl, Per Dept. Submittal, Each 469.00
Location, Emblem - cab doors
Size, Dept Seal, Reflect - 12" - 14"
Size, Dept Seal, Reflect - 22" - 24"
455 SP Emblem, Reflective, Per Dept. Submittal, Each 497.11
Qty, - 02
454 Emblem, Reflective, Per Dept. Submittal, Each 366.71
Qty, - 01
Location, Emblem - rear roll up door
453 SP Emblem, Helmet Logo w/Sign Gold Lettering America's Bravest 411.00
Qty, - 1
Location, Emblem - D1/P1
452 SP Emblem, ISO CLASS 1, w/Ribbon, Sign Gold, Pair 314.89
Qty, - 1
451 Lettering, Reflective, 3.00", (1-20) 365.11
Outline, Lettering - Outline
450 Lettering, Sign Gold, 14.00", Each 806.89
Qty, Lettering - 04
Outline, Lettering - Outline and Shade
449 Lettering, Reflective, 3.00", Each 73.02
Qty, Lettering - 04
Outline, Lettering - Outline
448 Lettering, Sign Gold, 4.00", Each 474.09
Qty, Lettering - 13
Outline, Lettering - Outline and Shade
447 Lettering, Sign Gold, 3.00", (41-60) 0.00
Outline, Lettering - Outline and Shade
445 Stripe, Sign Gold, Two-Tone Paint Break with Shield, IPO Chrome Molding 0.00
446 Lettering Specifications, (Sign Gold Process) 0.00
444 Stripe, Reflective, Cab Doors Interior 0.00
Color, Reflective - e) black
Color, Reflect Band - A - e) black
Qty, - 02
442 Stripe, Black Outline each Chevron Stripe @ Rear (Not Warranted) 93.98
443 Stripe, Reflective, 6" Inside Compt Door 87.86
Location - each exterior access EMS compt door
441 Stripe, Sign Gold Outline Above & Below Reflective Band 264.68
Qty, - 01
Color, Rear Chevron DG - yellow
440 Jog, In Reflective Stripe, Single or Multiple 274.31
Qty, - 1
438 Reflective across Cab Face, Imp/Vel 0.00
439 Stripe, Chevron, Rear, Diamond Grade, Pumper 0.00
436 Compartment Paint, 909017, Nightspots 214.30
437 Reflective Band, 6" 0.00
Color, Reflect Band - A - a) white
435 Paint, Axle Hubs 0.00
Paint, Axle Hub - Lower Job Color
433 No Paint Required, Aluminum Front Wheels 0.00
434 Paint, Rear Wheels, Single Axle, Alum-Stl 0.00
Paint, Wheels - Black #101
432 Paint Chassis Frame Assy, E-Coat, Standard 0.00
Paint Color, Frame Assembly, Predefined - Standard Black
431 Paint, Single Color, Body 0.00
Paint, Body - Match Lower Cab
Paint Color, Lower Area, Predefined - #90 Red
Paint Break, Cab - Standard Two-Tone Cab Break
430 Paint, Two-Tone Color, Velocity/Impel 2,124.13
Paint Color, Upper Area, Predefined - #10 White
Shield, Cab - High Shield-Velocity/Impel
428 Axe, Pickhead, Pumper NFPA 2016 Classification, Provided by Fire Department 0.00
429 Paint Process / Environmental Requirements, Appleton 0.00
426 Extinguisher, 2.5 Gal. Pressurized Water, Pumper NFPA 2016,Provided by Fire Dept 0.00
427 Axe, Flathead, Pumper NFPA 2016 Classification, Provided by Fire Department 0.00
424 No Strainer Required 0.00
425 Extinguisher, Dry Chemical, Pumper NFPA 2016 Class, Provided by Fire Department 0.00
423 Soft Suction Hose, Provided by Fire Department, Pumper NFPA 2016 Classification 0.00
3/21/2022 12:38 PM
Bid #:
861
Page 1
0769765 1
0000000 1
0031972 1
0002905 1
0032433 1
0030008 1
0611136 1
0696698 1
0684953 1
0595767 1
0595698 1
0733306 1
0652758 1
0019914 1
0744240 1
0524627 1
0695416 1
0647720 1
0046369 1
0685945 1
0688798 1
0596025 1
0693127 1
0734463 1
0648675 1
0641372 1
0595820 1
0595412 1
0683627 1
0736241 1
0686786 1
0667417 1
0548950 1
0548967 1
0667411 1
0549273 1
0735950 1
0545073 1
0002758 1
0799248 1
0000018 1
0000012 1
0004713 1
0046395 1
0020011 1
0020009 1
0028087 1
0020006 1
0020007 1
0020014 1
0020015 1
0658751 1
508 PUMPER BASE 0.00
Total Price: $191,460.00
506 FRONT SUCTION 0.00
507 ABS SYSTEM 0.00
504 SIDE CONTROL 0.00
505 AKRON VALVES 0.00
502 POLY TANK 0.00
503 EDUCTOR FOAM SYSTEM 0.00
500 EVS 3000 Series TRANSMISSION 0.00
501 WATEROUS PUMP 0.00
498 PIERCE CHASSIS 0.00
499 ENGINE, OTHER 0.00
496 Appleton/Florida BTO 0.00
497 PUMPER, 2ND GEN 0.00
494 Amp Draw Report, NFPA Current Edition 0.00
495 Amp Draw, NFPA/ULC Radio Allowance 0.00
492 Certification, Seat Belt Anchors and Mounting, Imp/Vel/Vel SLT, CD0018 0.00
493 Certification, Cab HVAC System Perf, Vel/Imp FR, CD0166/CD0168/CD0176/CD0177 0.00
490 Certification, Windshield Wiper Durability, Impel/Velocity, CD0005 0.00
491 Certification, Electric Window Durability, Velocity/Impel FR, CD0004 0.00
488 Certification, Cab Integrity, Velocity FR, CD0009 0.00
489 Certification, Cab Door Durability, Velocity/Impel, CD0001 0.00
486 Certification, Engine Installation, Imp/Vel, Cummins L9, 2021 0.00
487 Certification, Power Steering, CD0098 0.00
484 Warranty, Graphics Lamination, 1 Year, Apparatus, WA0168 0.00
485 Certification, Vehicle Stability, CD0156 0.00
482 Warranty, Foam System, Not Available 0.00
483 Warranty, Paint, 10 Year, Body, Pro-Rate, WA0057 0.00
480 Warranty, Pump, Waterous, 7 Year Parts, WA0382 0.00
481 Warranty, 10 Year S/S Pumbing, WA0035 0.00
478 Warranty, Structure, 10 Year, Body, WA0009 0.00
479 Warranty, Gortite, Roll-up Door, 6 Year, WA0190 0.00
476 Warranty, Transmission Cooler, WA0216 0.00
477 Warranty, Water Tank, Lifetime, UPF, Poly Tank, WA0195 0.00
474 Warranty, Pierce LED Strip Lights, WA0203 0.00
475 Warranty, 5-year EVS Transmission, Standard Custom, WA0187 0.00
472 Warranty, Electronics, 5 Year, MUX, WA0014 0.00
473 Warranty, Pierce Camera System, WA0188 0.00
470 Warranty, Structure, 10 Year, Custom Cab, WA0012 0.00
471 Warranty, Paint, 10 Year, Cab, Pro-Rate, WA0055 0.00
468 Warranty, Single Axle, 5 Year, Meritor, General Service, WA0384 0.00
469 Warranty, ABS Brake System, 3 Year, Meritor Wabco, WA0232 0.00
466 Warranty, Frame, 50 Year, Velocity/Impel, WA0038 0.00
467 Warranty, Axle, 3 Year, TAK-4, WA0050 0.00
464 Warranty, Engine, Cummins, 5 Year, WA0181 0.00
465 Warranty, Steering Gear, Sheppard M110, 3 Year WA0201 0.00
462 Warranty, Basic, 1 Year, Apparatus, WA0008 0.00
463 Warranty, Chassis, 3 Year, Velocity/Impel, WA0284 0.00
460 Manuals, (2) Chassis Service, Custom 326.00
461 Manuals, Two (2) Chassis Operation, Custom 0.00
458 STF Equipment Mounting 10,810.00
459 Manuals, Two (2), Fire Apparatus Parts, Custom Chassis 225.00
Size, Dept Seal, Vinyl - 13"-15"
457 Lettering, Numerals, Grille, Painted w/ Outline (2) 1,106.45
Qty, - 02
Location, Emblem - crew cab windows
3/21/2022 12:38 PM
Bid #:
861
Page 1
FSA20-VEF14.02 Fire Rescue Vehicles & Other Equipment
SPECIFICATION GROUP 8: PUMPER LEVEL 2 CUSTOM - MEDIUM 4 DOOR
FSA Bid
Item #MANUFACTURER CHASSIS MAKE / MODEL LADDER TYPE
ADJUSTED FSA
CONTRACT
AWARD PRICE
(EFFECTIVE
5/1/2022)*
%
Discount
Off MSRP BUILD SHEET
121 Pierce Manufacturing Inc.Enforcer N/A 623,187$ 6%Build Sheet
122 Pierce Manufacturing Inc.Arrow XT N/A 667,129$ 6%Build Sheet
FSA AWARDED VENDOR: TEN 8 FIRE EQUIPMENT INC. (EFFECTIVE 1/4/2021, COMPANY NAME CHANGED TO TEN-8 FIRE & SAFETY, LLC.)
* Price Adjustments Authorized Pursuant To FSA Contract Terms & Conditions, Sections 3.04 & 3.06.
Clearwater Fire & Rescue
Office of the Fire Chief
MEMORANDUM
To: Jon Jennings, City Manager
From: Scott A. Ehlers, Fire Chief
Date: April 26, 2022
Subject: Engine Purchase (FY23/24)
Respectfully request approval to execute the attached contract with Pierce
Manufacturing to purchase 1 Engine under the FSA Contract #FSA20-VEF14.02 Spec #8
as an emergency purchase. Pierce Manufacturing will honor the listed cost of
$773,138.00 if purchased by May 1, 2022. After May 1, 2022, the cost would be in
excess of $830,000.00. After extensive discussion with Legal, it was determined that
under emergency purchases a threat exists regarding ‘other interests’ of which would
be significant undue expenditures (in excess of $58,000) of public funds. The Engine
being requested is budgeted as a FY 23/24 Capital Improvement Project for $779.810.
As per the purchasing requirements, I would follow up with council as a ‘Ratify and
Confirm’. Thank you for your consideration.
Fire Chief Scott Ehlers
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ANX2021-06011a
Agenda Date: 6/13/2022 Status: Agenda ReadyVersion: 2
File Type: Planning CaseIn Control: Planning & Development
Agenda Number: 9.1
SUBJECT/RECOMMENDATION:
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 North 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
North, approximately 220 feet west of North 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 July 21, 2022 meeting.
APPROPRIATION CODE AND AMOUNT: N/A
USE OF RESERVE FUNDS: N/A
Page 1 City of Clearwater Printed on 6/9/2022
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
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B
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1
2
3
4
5
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12345678910111213
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38394041424344
45 46 47 48 49 50 51
9
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1
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23
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1
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8
9
10
11
12
2627
2829
4445
4647
55
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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
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G
B
C
E
1
2
3
4
5
6
7
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9
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1
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4
5 6 7
8
9
10
11
1
2
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8
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20 21 22
12345678910111213
14
15
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21 24 25 26 27 28 29 30 31 32
33
34
35
36
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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
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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
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5 6 7
8
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11
1
2
3
4
5
6
7
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20 21 22
12345678910111213
14
15
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18
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21 24 25 26 27 28 29 30 31 32
33
34
35
36
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38394041424344
45 46 47 48 49 50 51
9
18
9 10 11 12
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12
1
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2627
2829
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4647
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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
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G
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1
2
3
4
5
6
7
8
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12345678910111213
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38394041424344
45 46 47 48 49 50 51
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1920
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2627
2829
4445
4647
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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#22-0578
Agenda Date: 6/13/2022 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Official Records & Legislative Services
Agenda Number: 10.1
SUBJECT/RECOMMENDATION:
Schedule a special council meeting on Thursday, July 7, 2022 at 6:00 p.m. (consent)
SUMMARY:
Staff is requesting a special council meeting on July 7 at 6:00 p.m. for the purpose of reviewing
the Bluff development agreement and passing the referendum ordinance on first reading.
Council will approve the development agreement and adopt the referendum ordinance at the
July 21, 2022 council meeting.
APPROPRIATION CODE AND AMOUNT:
N/A
USE OF RESERVE FUNDS:
N/A
Page 1 City of Clearwater Printed on 6/9/2022
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#22-0580
Agenda Date: 6/13/2022 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Official Records & Legislative Services
Agenda Number: 10.2
SUBJECT/RECOMMENDATION:
Designate a Councilmember to serve as the City’s official voting delegate at the Florida League
of Cities’ Annual Conference, August 11-13, 2022.
SUMMARY:
The Florida League of Cities is hosting their annual conference at the Diplomat Beach Resort,
Hollywood, Florida on August 11-13, 2022.
The League is asking each municipality to designate one official to be the voting delegate at the
Annual Business Session on Saturday, August 13 at 9:00 a.m. Election of League leadership
and adoption of resolutions are undertaken at the business meeting.
Page 1 City of Clearwater Printed on 6/9/2022
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: 9540-22b
Agenda Date: 6/13/2022 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 11.1
SUBJECT/RECOMMENDATION:
Adopt Ordinance 9540-22 on second reading, annexing certain real property 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.
Page 1 City of Clearwater Printed on 6/9/2022
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)
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: 9541-22b
Agenda Date: 6/13/2022 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 11.2
SUBJECT/RECOMMENDATION:
Adopt Ordinance 9541-22 on second reading, amending the future land use plan element of the
Comprehensive Plan to designate the land use for certain real property whose post office
address is 1827 Audubon Street, Clearwater, Florida 33764, upon annexation into the City of
Clearwater, as Residential Low (RL).
Page 1 City of Clearwater Printed on 6/9/2022
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)
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: 9542-22b
Agenda Date: 6/13/2022 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 11.3
SUBJECT/RECOMMENDATION:
Adopt Ordinance 9542-22 on second reading, amending the Zoning Atlas of the city by zoning
certain real property whose post office address is 1827 Audubon Street, Clearwater, Florida
33764, upon annexation into the City of Clearwater, as Low Medium Density Residential
(LMDR).
Page 1 City of Clearwater Printed on 6/9/2022
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)
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: 9567-22b
Agenda Date: 6/13/2022 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 11.4
SUBJECT/RECOMMENDATION:
Adopt Ordinance 9567-22 on second reading, 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.
Page 1 City of Clearwater Printed on 6/9/2022
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)
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: 9568-22b
Agenda Date: 6/13/2022 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 11.5
SUBJECT/RECOMMENDATION:
Adopt Ordinance 9568-22 on second reading, amending the future land use plan element of the
Comprehensive Plan to designate the land use for certain unaddressed real property located
on the southeast corner of Otten Street and Weston Drive, Clearwater, Florida 33755, upon
annexation into the City of Clearwater, as Residential Low (RL).
Page 1 City of Clearwater Printed on 6/9/2022
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)
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: 9569-22b
Agenda Date: 6/13/2022 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 11.6
SUBJECT/RECOMMENDATION:
Adopt Ordinance 9569-22 on second reading, 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).
Page 1 City of Clearwater Printed on 6/9/2022
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)
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: 9579-22 2nd rdg
Agenda Date: 6/13/2022 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 11.7
SUBJECT/RECOMMENDATION:
Adopt Ordinance 9579-22 on second reading, vacating the five foot wide platted utility
easement located on Lots 1, 2 and 3, Block 44, Mandalay Sub, according to the map or plat
thereof, as recorded in Plat Book 14, Pages 32-35, of the Public Records of Pinellas County,
Florida.
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 6/9/2022
1
Ord. No. 9579-22
ORDINANCE NO. 9579-22
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING THE 5-FOOT-WIDE PLATTED
UTILITY EASEMENT, LOCATED ON LOTS 1, 2, AND 3,
BLOCK 44, MANDALAY SUB, ACCORDING TO THE MAP
OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 14,
PAGE 32-35, OF THE PUBLIC RECORDS OF PINELLAS
COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner in fee title of real property described and depicted in Exhibit
“A” (attached hereto and incorporated herein), has requested that the City vacate said utility
easement; and
WHEREAS, the City Council of the City of Clearwater, Florida finds that said utility
easement is not necessary for municipal use and it is deemed to be in the best interest of
the City and the general public that the same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following:
A utility easement described as follows:
See Exhibit “A”
is hereby vacated, closed and released, and the City of Clearwater releases all of its right,
title and interest thereto.
Section 2. The City Clerk shall record this ordinance in the Public Records of Pinellas
County, Florida, following adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
2
Ord. No. 9579-22
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#22-0511
Agenda Date: 6/13/2022 Status: Agenda ReadyVersion: 1
File Type: Presentation(s) for
Council Meeting
In Control: Council Work Session
Agenda Number: 17.1
SUBJECT/RECOMMENDATION:
June Service Awards
SUMMARY:
5 Years of Service:
Brenda Douglas Economic Development
Shawnita Barbee Police
Paul Brown Library
Lonzo Saunders Parks and Recreation
10 Years of Service:
Roger Johnson Engineering
Chad Paukert Parks and Recreation
15 Years of Service:
Brian Whitehead Police
20 Years of Service:
John Klinefelter Fire
Jon Russell Gas
Jada McCree Library
Eric Matherly Gas
Kevin White Fire
Anthony Gomillion Fire
Brian Swartz Fire
25 Years of Service:
Thomas Arruda Information Technology
30 Years of Service:
Robert Pease Police
Page 1 City of Clearwater Printed on 6/9/2022
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#22-0572
Agenda Date: 6/13/2022 Status: Agenda ReadyVersion: 1
File Type: Presentation(s) for
Council Meeting
In Control: Council Work Session
Agenda Number: 17.2
SUBJECT/RECOMMENDATION:
Juneteenth Proclamation - Sherman Stroman, City of Clearwater Diversity Manager
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 6/9/2022
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via
CORRIDOR
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THE
BLUFFS
I
Presentation
to
City
Council
3
URBAN
EDGE &
PARK
SETTING
THE
BLUFFS
I
Presentation
to
City
Council
1
Imagine
Clearwater
Park
2
Bandshell
3
Clearwater
Main
Library
4
Harborwalk
Site
Proposed
Hotel
5
Vegetated
Retail
Corridor
6
Proposed
Brewery
7
Beer
Garden
8
Park
Entry
Plaza
9
Vegetated
Bridge
10
Existing
Condo
Building
11
Vegetated
Retail
Corridor
12
City
Hall
Site
Proposed
Residential
Building
13
Green
Roof
Garden
14
Amenity
Pool
Deck
15
Lawn
Terraces
16
Pool
Deck
Planter
Buffer
17
Pedestrian
Plaza /
Porte
cochere
18
Pedestrianized
Intersections
5
HARBORVI
EW
150
HOTEL
KEYS
15,
000
SF
GROUND
LEVEL
LOCAL
RETAIL
AND
RESTAURANT
1,
000
PERSON
CONFERENCE
CENTER
2,
000
SF
PRIVATE
EVENT
SPACE
OR
PERFORMANCE
HALL
150
PARKING
GARAGE (
BELOW
GROUND)
13
SURFACE
PARKING
SPACES
ROOFTOP
BAR
AND
RESTAURANT
ROOFTOP
BIERGARTEN
HOTEL
POOL
DECK
SHARED
LOADING
AND
SURFACE
PARKING
DROP
OFF
WITH
LIBRARY50
DEDICATED
LIBRARY
PARKING
SPACES
COMMERCIAL
VIEWS
PRESERVEVIEWS
TRANSPARANCY
CONNECTIONSACTIVITY
THE
BLUFFS
I
Presentation
to
City
Council
6
II
0
CITY
HALL
600
RESIDENTAL
RENTAL
HOMES
25,
000
SF
GROUND
LEVEL
LOCAL
RETAIL
AND
RESTAURANT
600
PARKING
SPACES (
BELOW
GROUND)
PARK
FACING
CAFE
RESIDENCE
POOL
AND
ACTIVITY
DECK
CLOSELY
TIED
TO
THE
PARK
THE
BLUFFS
I
Presentation
to
City
Council
11
MAINTAIN
VIEWS
TRANSPARENCY
TRANSPARANCY
CONNECTIONSACTIVITY
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INDIVIDUAL SPEAKER
Citizen Comment Card
Name:
Address: 19' i)€ cm S-ic;p
City: 0.1001 litr ct 'Ck Zip: 3 TS -C.
Telephone
JC -
Telephone Number: 7? 7 "
Email Address: SC/411 C, / 1o4cd (o a- c lClhc'/ • r!6m
Speaking under citizens to be heard re
items not on the agenda? -'"----
Agenda item(s) to which you wish to speak.
I
What is your position on the item? For X Against