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07/21/2022Thursday, July 21, 2022 6:00 PM City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Main Library - Council Chambers City Council Meeting Agenda July 21, 2022City Council Meeting Agenda Welcome. We are glad to have you join us. If you wish to address the Council, please complete a Comment Card. Comment Cards are on the right-hand side of the dais by the City Clerk. When recognized, please hand your card to the Clerk, approach the podium and state your name. Persons speaking before the City Council shall be limited to 3 minutes unless otherwise noted under Public Hearings. For other than "Citizens to be heard regarding items not on the Agenda," a spokesperson for a group may speak for 3 minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of 10 minutes. Prior to the item being presented, please obtain the form to designate a spokesperson from the City Clerk. Up to 60 minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using cell phones and electronic devices during the meeting. Citizens wishing to provide comments on an agenda item are encouraged to do so in advance through written comment. The City has established the following two options: 1) eComments via Granicus - eComments is integrated with the published meeting agenda. Individuals may review the agenda item details and indicate their position on the item. You will be prompted to set up a user profile to allow you to comment, which will become part of the official public record. The eComment period is open from the time the agenda is published. Comments received during the meeting will become part of the official record, if posted prior to the closing of public comment. The City Clerk will read received comments into the record. 2) Email – Individuals may submit written comments or videos to ClearwaterCouncil@myclearwater.com. All comments received by 11:00 p.m. the day before the meeting (July 20) will become part of the official record. The City Clerk will read received comments into the record. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) 4.1 July Service Awards 4.2 Drowning Prevention Presentation - Recreation Manager, Parks and Recreation Department 5. Approval of Minutes 5.1 Approve the minutes of the June 16, 2022 City Council Meeting as submitted in written summation by the City Clerk. Page 2 City of Clearwater Printed on 7/20/2022 July 21, 2022City Council Meeting Agenda 5.2 Approve the minutes of the May 24, 2022 Special City Council Meeting as submitted in written summation by the City Clerk. 6. Citizens to be heard re items not on the agenda 7. Consent Agenda The Consent Agenda contains normal, routine business items that are very likely to be approved by the City Council by a single motion. These items are not discussed, and may all be approved as recommended on the staff reports. Council questions on these items were answered prior to the meeting. The Mayor will provide an opportunity for a Councilmember or a member of the public to ask that an item be pulled from the Consent Agenda for discussion. Items pulled will receive separate action. All items not removed from the Consent Agenda will be approved by a single motion of the council. 7.1 Accept the Office of Resilience and Coastal Protection’s Resilient Florida Fiscal Year 21-22 Planning Grant award in the amount of $197,848 with the required local match of $24,000, for the development of a city-wide vulnerability assessment using the City Simulator tool of Atkins North America, Inc. and authorize the appropriate officials to execute same. (consent) 7.2 Approve an Engineer of Record (EOR) Work Order to Atkins North America, Inc. of Tampa, FL for the development of a city-wide vulnerability assessment using Atkins’ City Simulator tool in the amount of $221,848 and authorize the appropriate officials to execute same. (consent) 7.3 Accept a Gas Utility Easement from Brooker Creek V LLC. (consent) 7.4 Accept a Gas Utility Easement from MHC Country Place LLC. (consent) 7.5 Approve the conveyance of a Distribution Easement to Duke Energy Florida, LLC, d/b/a Duke Energy, for the installation, operation, and maintenance of electric facilities to support Duke’s relocation and installation of power poles, lighting, and new service connections at 401 N McMullen Booth Road and authorize the appropriate officials to execute same. (consent) 7.6 Approve a purchase order to Workscapes, LLC for the purchase and installation of office furniture at the Clearwater Police Department District Three Operations and Training Center (18-0004-PD) in the amount of $211,663.05, pursuant to Clearwater Code of Ordinances Section 2.563 (1)(c), Piggyback, and Section 2.563 (1)(d), Non-competitive purchases, and authorize the appropriate officials to execute same. (consent) Page 3 City of Clearwater Printed on 7/20/2022 July 21, 2022City Council Meeting Agenda 7.7 Approve an Interlocal Agreement (ILA) between Pinellas County, the Town of Belleair, and Cities of Belleair Beach, Belleair Bluffs, Clearwater, Dunedin, Indian Rocks Beach, Largo, Seminole, and Tarpon Springs for a funding match for a Southwest Florida Water Management District Cooperative Funding Initiative Grant in the amount of $34,629.00 for the Clearwater Harbor/St. Joseph Sound Comprehensive Conservation Management Plan Surface Water Resource Assessment Update and authorize the appropriate officials to execute same. (consent) 7.8 Authorize a purchase order to Alan Jay of Sebring, FL for the purchase of ten Police Pursuit Vehicles in a not to exceed amount of $359,150.00 pursuant to Clearwater Code of Ordinances Section 2.563(1)(c), Piggyback, and Section 2.563(1)(d), impractical to bid; authorize an extension through October 31, 2022 and an increase of $40,000.00 to Contract 900729, Enforcement One of Oldsmar, FL for Police Upfitting to allow the upfitting of the additional ten vehicles pursuant to ITB 47-19, Police Vehicle Upfitting Services and authorize the appropriate officials to execute same. (consent) 7.9 Appoint Stephanie Chill to the Sister Cities Advisory Board as the Sister Cities, Inc. representative for an unexpired term through July 31, 2023. (consent) 7.10 Request for authority to settle case of City of Clearwater v. 1510 Barry Holding, LLC, et al., Case No. 21-4847-CI. (consent) Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 8.1 Approve the City of Clearwater’s Fiscal Year 2022/2023 Annual Action Plan, which is the third Action Plan of the Fiscal Year 2020/2021 - Fiscal Year 2024/2025 Consolidated Plan, to implement the goals and objectives set forth in the Consolidated Plan and authorize the appropriate officials to enter into agreements with HUD and organizations approved for funding, together with authorization to execute administrative adjustments to same as needed. Page 4 City of Clearwater Printed on 7/20/2022 July 21, 2022City Council Meeting Agenda 8.2 Declare surplus, for the purpose of sale for development of affordable housing, real property located at 1408 Monroe Avenue; approve the Real Property Transfer Agreement between the City and Clearwater Neighborhood Housing Services, Inc.; and authorize the appropriate officials to execute same, together with all other instruments required to affect closing. (APH) 8.3 Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 2843 St. John Drive, and pass Ordinances 9580-22, 9581-22, and 9582-22 on first reading. (ANX2022-05006) 8.4 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 1221 Sunset Point Road and pass Ordinances 9583-22, 9584-22, and 9585-22 on first reading. (ANX2022-05007) 8.5 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 1219 Sunset Point Road, and pass Ordinances 9586-22, 9587-22, and 9588-22 on first reading. (ANX2022-05008) 8.6 Approve a Future Land Use Map Amendment from Residential/Office General (R/OG) to Institutional (I) for the property located at 905 South Highland Avenue and pass Ordinance 9575-22 on first reading. (LUP2022-03003) 8.7 Approve a Development Agreement between the City of Clearwater and Gotham Property Acquisitions, LLC and The DeNunzio Group providing for the redevelopment of two sites on the west side of Osceola Avenue abutting Coachman Park in the Downtown Core for overnight accommodations, attached dwellings, commercial uses such as retail, food and beverage, cultural uses and event space pursuant to Community Development Code Section 4-606; adopt Resolution 22-15, and authorize appropriate officials to execute same. (DVA2022-06001) 8.8 Withdrawn: Deny a Future Land Use Map Amendment from the Residential Low (RL) category to the Institutional (I) category for the property located at 1885 County Road (CR) 193 and do not pass Ordinance 9577-22 on first reading. (LUP2022-04004) 8.9 Withdrawn: Deny a Zoning Atlas Amendment from the Low Medium Density Residential (LMDR) District to the Institutional (I) District for the property located at 1885 County Road (CR) 193 and do not pass Ordinance 9578-22 on first reading. (REZ2022-04004) Page 5 City of Clearwater Printed on 7/20/2022 July 21, 2022City Council Meeting Agenda 9. Quasi-Judicial Public Hearings 1. Staff states its recommendation and briefly summarizes its reasons for the recommendation and submits record (minutes, staff report, and application) adduced before the Community Development Board (2 minutes). 2. Applicant presents case, including its testimony and exhibits (15 minutes). 3. Staff presents further evidence (10 minutes). 4. Public comment. 5. City Council discussion. 6. Applicant may call witnesses in rebuttal (5 minutes). 7. Conclusion by applicant (3 minutes). 8. Decision. 9.1 Approve a Zoning Atlas Amendment from the Office (O) District to the Institutional (I) District for property located at 905 South Highland Avenue and pass Ordinance 9576-22 on first reading. (REZ2022-03003) 10. Second Readings - Public Hearing 10.1 Adopt Ordinance 9564-22 on third reading, annexing certain real property whose post office address is 1272 Sedeeva Circle N., Clearwater, FL 33755, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 10.2 Adopt Ordinance 9565-22 on third reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1272 Sedeeva Circle N., Clearwater, FL 33755, upon annexation into the City of Clearwater, as Residential Urban (RU). 10.3 Adopt Ordinance 9566-22 on third reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1272 Sedeeva Circle N., Clearwater, FL 33755, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 10.4 Adopt Ordinance 9589-22 on second reading, 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. Page 6 City of Clearwater Printed on 7/20/2022 July 21, 2022City Council Meeting Agenda 10.5 Adopt Ordinance 9590-22 on second reading, amending the Capital Improvement Budget for the fiscal year ending September 30, 2022, to reflect an increase of $12,724,924. 10.6 Continue to August 4, 2022: Adopt Ordinance 9597-22 on second reading, calling for an election to be held on November 8, 2022 on a proposed amendment to the City Charter to allow the City to negotiate the development and sale of certain unoccupied properties in the downtown core for the purpose of creating a vibrant, mixed-use development consisting of apartments, hotel and commercial space including restaurant dining, cafes, and event space, activating the area adjacent to Coachman Park. 11. City Manager Reports 11.1 Adopt a tentative millage rate of 5.9550 mills for fiscal year 2022/23; set public hearing dates on the budget for September 15, 2022 and September 29, 2022, to be held no earlier than 6:00 p.m., and schedule a special work session on August 4, 2022, at 3:00 p.m. to fully discuss the proposed budget. 11.2 Amend Clearwater Code of Ordinances, Chapter 2, Article VI, Division 3, Purchasing, revising Section 2.542, Section 2.554, Section 2.561, and Section 2.563; and Division 4, Disposal and Disposition of Surplus Tangible Personal Property, revising Section 2.623; and pass Ordinance 9596-22 on first reading. 11.3 Authorize the Marine and Aviation Director to apply for and administer the Florida Fish and Wildlife Conservation Commission (FWC) Sportfishing Restoration / Florida Boating Infrastructure Grant(s) on behalf of the City of Clearwater, for Capital Improvements Project (C1905), Clearwater Beach Marina and adopt Resolution 22-16. 12. City Attorney Reports 12. 1 Call for an election on November 8, 2022 to present a referendum question to the city electors amending the Charter of the City to allow the redevelopment and sale of two certain unoccupied properties in the downtown core and pass Ordinance 9597-22 on first reading. 13. Closing comments by Councilmembers (limited to 3 minutes) 14. Closing Comments by Mayor 15. Adjourn Page 7 City of Clearwater Printed on 7/20/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0605 Agenda Date: 7/21/2022 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.1 SUBJECT/RECOMMENDATION: July Service Awards SUMMARY: 5 Years of Service: Michael Lavery City Manager’s Office Jeffery Harmon Library Jacinta Garcia Corcoba Gas Tara Elswick Public Utilities Eric Keels Parks and Recreation Isabel Mastrapa Winget Planning & Development 10 Years of Service: Malik Salam Engineering/Stormwater Carl Allison Public Utilities Terrell Smith Solid Waste 15 Years of Service: Michael Gitchell Gas Christopher Miller Police 20 Years of Service: David Clark Planning & Development Elizabeth Westerfield Gas Leah Turpack Police David Bruneau Police 25 Years of Service: John Memmer General Services Page 1 City of Clearwater Printed on 7/20/2022 File Number: ID#22-0605 John Chatman Solid Waste David Derrick Police Christian Zarra Police 30 Years of Service: Creighton Harvey Gas Page 2 City of Clearwater Printed on 7/20/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0682 Agenda Date: 7/21/2022 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.2 SUBJECT/RECOMMENDATION: Drowning Prevention Presentation - Recreation Manager, Parks and Recreation Department SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 7/20/2022 98 children drowned in FL in 2021, Tampa Bay leaders are on a mission to save children's lives By: Sarah Hollenbeck In 2021, 24 children drowned in the Tampa Bay area. This is what we're doing to make a difference. Clearwater Parks & Recreation hosted a total of 3,696 swim lessons for two schools. 616 Students 9 Lifeguards Say Hello to Our Partners This program wouldn't be possible without the help of the organizations below. STINGRAY ION Physical Therapy Network HEALTH, SAFETY, AND LEARNING THROUGH HAVING FUN Our lifeguards are certified by the American Red Cross on how to teach kids to be safe in, on or around water. Students received Two-weeks of swim lessons Swim Cap Goggles T-shirt Brought awareness to the importance of water safety Media Reach: 142,200 viewers NEXT YEAR'S GOALS #1 Long Center McMullen Elementary Morningside Eisenhower Elementary North Greenwood Kings Highway Elementary To add three more schools Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0604 Agenda Date: 7/21/2022 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: City Council Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve the minutes of the June 16, 2022 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 7/20/2022 City Council Meeting Minutes June 16, 2022 Page 1 City of Clearwater City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Meeting Minutes Thursday, June 16, 2022 6:00 PM Main Library - Council Chambers City Council Draft City Council Meeting Minutes June 16, 2022 Page 2 City of Clearwater Rollcall Present: 5 - Mayor Frank Hibbard, Vice Mayor Kathleen Beckman, Councilmember David Allbritton, Councilmember Mark Bunker and Councilmember Lina Teixeira Also Present: Jon Jennings – City Manager, Micah Maxwell – Assistant City Manager, Michael Delk – Assistant City Manager, David Margolis – City Attorney, Rosemarie Call – City Clerk and Nicole Sprague – Deputy City Clerk. To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. Unapproved 1. Call to Order – Mayor Hibbard The meeting was called to order at 6:00 p.m. 2. Invocation – Rev. Connor Penn from St. Catherine of Siena Catholic Church 3. Pledge of Allegiance 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) – Given. 4.1 June Service Awards The May/June 2022 Bimonthly Team Award was presented to Clearwater Comic Con Committee. 4.2 Juneteenth Proclamation, June 19, 2022 - Sherman Stroman, City of Clearwater Diversity Manager 5. Approval of Minutes 5.1 Approve the minutes of the June 2, 2022 City Council Meeting as submitted in written summation by the City Clerk. Councilmember Allbritton moved to approve the minutes of the June 2, 2022 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and Draft City Council Meeting Minutes June 16, 2022 Page 3 City of Clearwater carried unanimously. 6. Citizens to be heard re items not on the agenda Gerry Maguire said Councilmember Bunker was doing a great job and expressed concerns with MK Ultra and the political mafia in Clearwater. 7. Consent Agenda – Approved as submitted. 7.1 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) 7.2 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) 7.3 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) 7.4 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) 7.5 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) 7.6 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, Draft City Council Meeting Minutes June 16, 2022 Page 4 City of Clearwater 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) 7.7 Schedule a special council meeting on Thursday, July 7, 2022 at 6:00 p.m. (consent) Vice Mayor Beckman moved to approve the Consent Agenda as submitted and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings 8.1 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. (APH) 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. Resolution 22-13 was presented and read by title only. Councilmember Bunker moved to approve the 2022 Affordable Housing Inventory List pursuant to requirements of Chapter Draft City Council Meeting Minutes June 16, 2022 Page 5 City of Clearwater 166.0451, Florida Statutes, adopt Resolution 22-13 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton, Councilmember Bunker and Councilmember Teixeira 8.2 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) 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. Ordinances 9564-22, 9565-22, and 9566-22 were presented and read by title only. Councilmember Teixeira moved to 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. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton, Councilmember Bunker and Councilmember Teixeira 9. Second Readings - Public Hearing Draft City Council Meeting Minutes June 16, 2022 Page 6 City of Clearwater 9.1 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. Ordinance 9540-22 was presented and read by title only. Councilmember Allbritton moved to adopt Ordinance 9540-22 on second and final reading. The motion was duly seconded and carried unanimously. Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton, Councilmember Bunker and Councilmember Teixeira 9.2 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). Ordinance 9541-22 was presented and read by title only. Vice Mayor Beckman moved to adopt Ordinance 9541-22 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton, Councilmember Bunker and Councilmember Teixeira 9.3 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). Ordinance 9542-22 was presented and read by title only. Councilmember Bunker moved to adopt Ordinance 9542-22 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton, Councilmember Bunker and Councilmember Teixeira 9.4 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. Ordinance 9567-22 was presented and read by title only. Councilmember Teixeira moved to adopt Ordinance 9567-22 on second and final reading. The motion was duly seconded and Draft City Council Meeting Minutes June 16, 2022 Page 7 City of Clearwater upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton, Councilmember Bunker and Councilmember Teixeira 9.5 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). Ordinance 9568-22 was presented and read by title only. Councilmember Allbritton moved to adopt Ordinance 9568-22 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton, Councilmember Bunker and Councilmember Teixeira 9.6 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). Ordinance 9569-22 was presented and read by title only. Vice Mayor Beckman moved to adopt Ordinance 9569-22 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton, Councilmember Bunker and Councilmember Teixeira 9.7 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. Ordinance 9579-22 was presented and read by title only. Councilmember Bunker moved to adopt Ordinance 9579-22 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton, Councilmember Bunker and Councilmember Teixeira 10. City Manager Reports Draft City Council Meeting Minutes June 16, 2022 Page 8 City of Clearwater 10.1 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. 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. A concern was expressed regarding the amount budgeted for a new city hall and that there are alternatives to consider for its location. Ordinance 9589-22 and 9590-22 were presented and read by title only. Councilmember Teixeira moved to 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. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Vice Mayor Beckman, Councilmember Allbritton, Councilmember Bunker and Councilmember Teixeira Nays: 1 - Mayor Hibbard Motion carried. 10.2 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. 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 Draft City Council Meeting Minutes June 16, 2022 Page 9 City of Clearwater • 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. Resolution 22-14 was presented and read by title only. Councilmember Allbritton moved 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. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton, Councilmember Bunker and Councilmember Teixeira 10.3 Designate a Councilmember to serve as the City’s official voting delegate at the Florida League of Cities’ Annual Conference, August 11-13, 2022. 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. Councilmember Bunker moved to designate Vice Mayor Beckman to serve as the City’s official voting delegate at the Florida League of Cities’ Annual Conference, August 11-13, 2022. The motion was duly seconded and carried unanimously. Draft City Council Meeting Minutes June 16, 2022 Page 10 City of Clearwater 10.4 Approve a preferred development concept and team for the former City Hall site and the former Harborview site and direct staff to begin negotiations to finalize a development agreement. On May 5, 2022, City Council directed staff to issue a call for Development Concepts for the former City Hall site and former Harborview site commonly referred to as the “Bluff Properties.” The call was published on May 11 and closed on June 9, 2022. The City received three responses from GSP Development, Elevate Clearwater, and Gotham Organization. At the June 13 special work session, City Council heard a 15-minute presentation from each group. Staff was directed to place the item on the June 16 council meeting agenda in order to reach consensus on a preferred development concept and team and to direct staff to begin negotiations to finalize a development agreement. Nineteen individuals supported Elevate Clearwater's proposal. Two individuals supported Gotham's proposal. One individual expressed concern with developing remaining greenspace in downtown and supported leasing the former Harborview site. One individual questioned if the parking infrastructure could sustain the proposed activities. One individual expressed concern with vehicular emissions and suggested the buses that stop at Waters Edge be electric. The Council recessed from 7:31 to 7:42 p.m. In response to questions, the City Attorney said when it comes to development on the bluff, the City engaged in a statutory process of disposing property in the Community Redevelopment Area (CRA), that triggered the following statutory requirements: 1) provide at least a 30-day period for competitive solicitation, 2) Council must consider certain factors, such as the financial and legal ability of the developer to carry out what they say they are going to carry out and what plan would be in the public's best interest. This process is different than the more formal RFP process outlined by city policy; there are a series of formal score sheets, criteria, and formal voting. He said when it comes to real estate development within the CRA, the Legislature did not impose a rigid process intentionally because development proposals are radically Draft City Council Meeting Minutes June 16, 2022 Page 11 City of Clearwater different, as questions regarding design, parking, timelines, mixed-income communities, and sustainability features arise during the process. He said this process provides cities the freedom to craft a solution that's right for the city. Council is not required to follow the criteria that the Mayor provided but the criteria does provide a logical framework for the discussion. The City Attorney said he nor the City Manager were present when the initial process was conducted. He understands that the initial process was advertised and Council vetted the submissions publicly, and ultimately, Council was dissatisfied with the route the negotiations took. He said Council exercised their right to decline to move forward with negotiations. The matter has been discussed publicly for quite some time and has been known to the development community for some time. The City Manager said staff did not actively solicit any of the three groups that provided submissions in this process. The City Manager said the staff review team included him, Assistant City Manager Michael Delk, Economic Development & Housing Director Denise Sanderson, Planning & Development Director Gina Clayton, Engineering Director Tara Kivett, Amanda Thompson, the City Attorney, Assistant City Attorneys Michael Fuino and Matthew Mytych, and Finance Director Jay Ravins. The staff review team unanimously recommended the Gotham Group due to their visionary approach of the properties. Staff liked the view corridors of the Gotham proposal; one will be able to see the water as one drives Osceola Avenue. He said it is critically important that the City maintains access to the water, visually and physically. All three groups are immensely qualified. Assistant City Manager Michael Delk said, from an urban design standpoint, the staff review team believed Gotham's proposal integrated well with the Imagine Clearwater project, activating and connecting downtown to the waterfront. In response to questions, the City Attorney said of the three proposals received, GSP contemplated purchasing both sites, the Gotham Group said they would like to purchase both sites and indicated they were open to a ground lease on the Harborview site; Elevate requested to purchase the city hall site and ground lease for the Harborview site. One of the challenges the chosen developer will face is financing; he did not believe the Gotham Group has done a significant financial analysis of what a ground lease would look like. If Council chooses Gotham and if Council is interested in exploring a ground lease for the Harborview site, there may not be enough time to make the November ballot. He said if the City leases one site and sells the other site, two ballot questions will be required. The City ordinance amending the city charter must comply with the single subject rule and the ballot summary is restricted to 75 words maximum. If the referendum Draft City Council Meeting Minutes June 16, 2022 Page 12 City of Clearwater questions are split into two, Council will need to understand the ramifications if one question passes and the other fails. The City Attorney said it would be very difficult to obtain financing for multi-family housing located on leased property. Elevate representative Edmon Rakipi said if one referendum question passed and the other failed, Elevate would proceed with the one project. Gotham Group and DeNunzio representative Katie Cole said hypothetically, yes the group would proceed with the project that passed at referendum. Gotham representative Matthew Picket said the first phase would take approximately 30 months to build. If the project is phased, phase 2 would break ground approximately 18 months after phase 1 and be completed within 20 months. He said Gotham believes phasing the project is the most financeable because it will be hard to absorb more than 300 units at once. The City Attorney said any time the City sells property, the City can negotiate deed restrictions with the buyer. The promises the buyer makes will be recorded with the County Clerk of Court; the promises will run the land. Deed restrictions can be customized to the land deal. He said there will be two timelines of interest: 1) timeline for the transfer of title and 2) construction phase. In most cases, the City would transfer title at or before the commencement of construction. The City Attorney said Elevate's proposal contemplated that the transfer of title for the city hall site would occur five years after operation. He recommended the development agreement include milestones, such as an application for a building permit, commencement of vertical construction, or certificate of occupancy. The enforceability of the milestones are as strong as Council makes it; financial penalties can be imposed if the milestones are not met. He said he prefers transferring title earlier because once a private property owner takes title of the City's property, they will be on the hook for property taxes, which inspires people to move quickly. The City Attorney said the documents involved in this transaction will include 1) the purchase agreement (for both parcels) or a ground lease agreement for both parcels, or sites, or a purchase agreement for one parcel and a ground lease for the other parcel; 2) the development agreement, and 3) the ordinance that proposes the referendum question. He will need a basic outline of the deal in order to draft the ordinance for the referendum question by July 7. The development agreement will have additional details not included in the ordinances and is subject to amendments after July 7. The City Attorney said the concept of a music themed hotel is not something that would be protected through traditional IP means but he was not aware if Elevate sought any trademarks or copyrights for the hotel concept. City representation Amanda Thompson said if cities make it easy to drive, individuals will continue to drive. There were 700 parking spaces in Coachman Park; people parked their cars Draft City Council Meeting Minutes June 16, 2022 Page 13 City of Clearwater and never walked up the hill to Cleveland Street. She said the City and the Clearwater CRA are in the process of building additional parking across the street from this site. There is a lot of underutilized public parking currently. Underground parking must be done because the space above is too valuable. She said the City has the funds to help offset the cost for that parking. The Gotham Group has an understanding for different types of mobility and how to utilize those modes of travel. The City Attorney said Elevate's request to abate property taxes is probably not legal but he would approach their counsel to discuss why they believe it is legal. When it comes to taxation, cities only have those powers that are specifically granted to them by the Legislature; cities do not have home rule authority to impose or waive taxes. He said there is no mechanism in Florida law for cities to abate property taxes, except for those circumstances that the Legislature has authorized. He said the economic development exemption allows the City to abate 50% to 75% of property taxes if job creation criteria are met. He said staff did not see anything in the proposal that would meet that criteria. The City's economic development exemption expires November 6, 2022. He said a new referendum on the economic development exemption is needed in order to authorize new exemptions. Elevate representative Ken Stolenberg said the property will pay all of the taxes but the CRA would rebate that amount back to the property, a common development incentive. He said he sought the same exemption 22 years ago in Orlando. Discussion ensued with comments made that this will ultimately be decided by the citizens of Clearwater, that Gotham's proposal integrates very well with the park, that Gotham has the experience and reputation of building wonderful projects, that Gotham proposal has less financial risk, and that the individuals associated with the Gotham project have Clearwater connections. A concern was expressed with Gotham's proposed density in a small footprint and lack of parking for residents and that the design does not integrate well in Clearwater. It was stated that Elevate has successfully created a community across the bay. It was suggested that EV chargers and solar panels be incorporated into the project because it makes good business sense. In response to questions, the City Attorney said the City will not know the payment amount of the bond until the sale has gone through but the City received an outstanding credit rating today. In response to a question, the City Attorney said if the sale of city hall and Draft City Council Meeting Minutes June 16, 2022 Page 14 City of Clearwater a ground lease of the Harborview site is desired, he would like feedback from Gotham before adjourning tonight regarding how long it will take them to provide staff numbers for a ground lease proposal. He said if that is Council's direction, staff will need to prepare two referendum questions. The only way to place one referendum question on the ballot for a ground lease will be to pursue a ground lease agreement for both parcels. He said whoever is selected, Council will need to provide direction if the 10% set-aside for workforce housing will be part of the ask; if so, is Council willing to subsidize. The Gotham Group has stated they are willing to set aside 10% but not for free. Staff has estimated that a 10% set-aside for workforce housing will create a $1 million annual revenue loss. Discussion ensued with support expressed to proceed with one referendum question. Comments were made that if deed restrictions were pursued, educating the public is needed. There was council consensus to include deed restrictions and pursue one referendum question. Concerns were expressed with having workforce housing on the waterfront. It was stated that a set-aside for workforce housing can be on the negotiating table but not a deal breaker. There was consensus that a set-aside for workforce housing is not a deal breaker. Councilmember Bunker departed chambers at 9:24 p.m. In response to a suggestion, the City Manager said to leave the workforce housing matter on the table; staff will discuss with the developer during negotiations. Councilmember Bunker returned to chambers at 9:28 p.m. Councilmember Bunker moved to approve the Gotham Group as the preferred development concept and team for the former City Hall site and the former Harborview site and direct staff to begin negotiations to finalize a development agreement. The motion was duly seconded and carried unanimously. 11. City Attorney Reports – None. 12. Closing comments by Councilmembers (limited to 3 minutes) Councilmember Allbritton said he traveled to Washington, DC with PSTA CEO Brad Miller to advocate for $20 million through a RAISE grant for the Clearwater Intermodal Center; the grant will be awarded in August. Pinellas Draft City Council Meeting Minutes June 16, 2022 Page 15 City of Clearwater County has applied for grant funding 12 times and has never been awarded funds, Hillsborough County has been awarded 11 grants. Vice Mayor Beckman said she appreciates all the people who showed up tonight. She said she values opinions and tries to make objective decisions based on the information available. She said she hopes the developer hears what the City’s values are and what residents want and expect. She encouraged everyone to check their voter registration status. Councilmember Bunker thanked Councilmember Teixeira for making the vote tonight unanimous and he said he hopes that Elevate supporters will help make the referendum successful. He said he looked forward to seeing folks at the Juneteenth celebrations. Councilmember Teixeira said it was a difficult meeting tonight and that she accepts and respects the opinions of the majority. She said she was working with summer camp children from North Greenwood and Ross Norton to design and create a collection for the Dunedin Wearable Art Show on August 27, 2022. 13. Closing Comments by Mayor The Mayor reviewed recent and upcoming events and thanked all those who attended tonight's meeting. 14. Adjourn The meeting adjourned at 9:36 p.m. Mayor City of Clearwater Attest City Clerk Draft Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0770 Agenda Date: 7/21/2022 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: City Council Agenda Number: 5.2 SUBJECT/RECOMMENDATION: Approve the minutes of the May 24, 2022 Special City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 7/20/2022 City Council Special Meeting May 24, 2022 Page 1 of 7 City of Clearwater Meeting Minutes Tuesday, May 24, 2022 6:00 PM Morningside Recreation Center City Council Special Council Meeting – Strategic Visioning and ARPA Funding Community Meeting Draft City Council Special Meeting May 24, 2022 Page 2 of 7 Roll Call Present: 3 - Mayor Frank Hibbard, Vice Mayor Kathleen Beckman, and Councilmember Mark Bunker. Not Present: 2 – Councilmember David Allbritton and Councilmember Lina Teixeira Also Present: Jon Jennings – City Manager, Micah Maxwell – Assistant City Manager, Michael Delk – Assistant City Manager, and Rosemarie Call – City Clerk. To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. Unapproved 1. Call to Order – Mayor Hibbard The meeting was called to order at 6:05 p.m. 2. Strategic Visioning – Mayor Hibbard Mayor Hibbard welcomed those in attendance and said the first part of the meeting would be dedicated to strategic planning. Community feedback will help guide City Council in developing the City’s budget, aligning the City’s limited resources with citizens’ desires. He asked attendees to rate the following categories, with 8 being the most important and 1 the least important: Neighborhoods, Improving Roadways and Traffic, Sustainability, Quality of Life (parks, rec centers, and libraries), Improving City Services, Economic Base (diversify it), Public Safety (Police and Fire), and Infrastructure (pipes, roadways, and city buildings). He said the budget is critically important as it reflects council priorities. The Mayor reported the following scores: Affordable Housing: 228 Quality of Life Services (parks, recreation, libraries, and trails): 197 Neighborhoods: 194 Sustainability (decreasing fossil fuels, solar, planning for sea level rise, decreasing carbon footprint): 168 Improve Infrastructure (streets, sidewalks, sewers and pies): 132 Draft City Council Special Meeting May 24, 2022 Page 3 of 7 Diversify the Economic Base (more jobs, US 19, expand non-residential tax base): 130 Improve Roadways and Traffic: 115 Public Safety (police and Fire): 115 Financial Responsibility: 113 Improving City Services: 61 One individual supported affordable housing and commented that the City should not be comfortable with people being homeless or families being split-up. One individual supported infrastructure as their first priority because it is more than roadways. More infrastructure is needed to facilitate the increased demand for carpooling and bike lanes. One individual said that “Diversify the Economic Base” was their last priority because they were concerned with the 8-story building complex being constructed. More consideration should be given to the surrounding homes. One individual supported affordable housing and expressed concerns that prospective homebuyers cannot find anything within their price range. One individual supported Neighborhoods and expressed concerns with the lack of sidewalk maintenance in the City ‘s older neighborhoods. One individual said they placed all of their rating points in Sustainability; none of the priorities matter if the community does not have a livable environment. One individual supported affordable housing and expressed concerns that affordable housing requirements in new developments are watered down during contract negotiations. Support was expressed for city economic development initiatives that assist local contractors and small businesses. One individual supported infrastructure and public safety. A concern was expressed that the City continues to annex properties into city limits but has not increased police staffing. One individual supported affordable hosing and said that there is not enough available affordable housing units and the wait lists are long. The individual also supported infrastructure, which are needed to address vehicular traffic at Clearwater beach and lack of parking. One individual supported Neighborhoods and expressed concerns that many residents at Prospect Towers are being forced out due to rent increases. One individual supported affordable housing. A concern was expressed that individuals who have housing vouchers cannot find units within the City. Draft City Council Special Meeting May 24, 2022 Page 4 of 7 3. ARPA Funding The City Manager said the City will receive $22,483,893 under the American Rescue Plan Act (ARPA) program. Funds must be encumbered by 2024 and spent by 2026. Due to the timeframes, projects and programs identified to use ARPA funds should be close to shovel ready as possible. Staff has recommended the following proposed projects: 1. Startup funding for North Greenwood Community Redevelopment Agency - $5 million. These funds will help the North Greenwood Community Redevelopment Agency start its redevelopment efforts. Because the Community Redevelopment Agency's future funding is predicated on increasing the taxable value of the properties within the area, staff believes an initial investment in the neighborhood is appropriate to jumpstart these efforts. A centerpiece of the area is the North Ward School which the City has acquired and is ready to redevelop. Many other efforts are currently being planned in this area which is generally defined as a roughly 1.31-square-mile area to the north and northeast of downtown. 2. Fiber Upgrades and Broadband Connectivity - $3.5 million These funds will be used to upgrade the City's traffic management infrastructure, which will allow for better traffic management by using an Intelligent Traffic System that can be integrated with regional partner's systems. This will allow for a better flow of traffic, which will have positive benefits in the areas of local job creation, travel time to/from work, and sustainability. Additionally, the infrastructure upgrades create a more secure network infrastructure for the City to protect city assets and enhance provided services. 3. Affordable Housing - $3.3 million Housing projects will include down payment assistance, rehabilitation and new construction of single-family and multi-family homes, and energy efficiency improvements such as installation of cool roofs and solar panels when practicable. These funds will be used to assist households with incomes between 80 and 120 percent Area Median Income. While this income bracket will be the primary target, worthwhile projects assisting households below 80 percent Area Mean Income will also be considered. 4. Street and Sidewalk Improvements - $2 million These funds will be used to expedite roadway, curb and sidewalk improvements in low-income communities. Approximately $1.8 million will be spent on milling/resurfacing roadways and approximately $320,000 will be spent on sidewalk and curb improvements. This $2 million will be in addition to the $5.2 to $5.7 million that is budgeted annually for street and sidewalk improvements. Draft City Council Special Meeting May 24, 2022 Page 5 of 7 5. Solar Panels for City Facilities - $2 million These funds would be used to kick off the City's solar installation program on city buildings. These investments will help reduce the costs related to energy use, allowing for operational funds to be reallocated or tax rates reduced. 6. Pinellas Community Foundation - $1 million Pinellas Community Foundation will solicit, evaluate and award up to $1,000,000 to a nonprofit organization that offers an innovative and impactful concept for affordable and attainable housing in the City of Clearwater. Awardee must be able to complete the project by September 30, 2026. 7. Nonprofit Cultural Affairs Funding - $1 million These funds are proposed as a grant-based program. Nonprofit organizations in Clearwater that provide services within Clearwater will have an opportunity to request funding for programs that focus on cultural affairs. These could include area markets, concert or theatre events, or other community social opportunities that are trying to become financially feasible or who need financial assistance getting back to pre-pandemic levels of effectiveness. 8. Education – Grants or Partnerships - $1 million These funds will be used to provide a grant or partnership opportunity with a nonprofit or government entity for programs that focus on educational opportunities targeting students who have fallen behind academically due to the pandemic. 9. State Street Park Improvements - $700,000 This project will provide for the development of State Street Park, located on the southwest corner of State Street and North Betty Lane. This property was purchased more than 30 years ago for the purpose of developing a neighborhood park. The present homeowner association has been very active in promoting this park and desires to have additional park improvements. Development of the park would preserve the tree canopy and allow the park to remain in as much of its natural state as possible. Development could include improved open field play areas and the addition of a playground, nature/walking trails, fencing, water fountain, parking, signage and other park amenities. Invasive plant species would also be removed from the park. 10. Clearwater Main Library Info Hub - $625,000 This project would transform the first floor of the Main Library into a one-stop destination that supports and enhances citizen use of the new Coachman Park and downtown by relocating the library's most-used resources and services. To support this one-stop model, part of the reference and circulation staff would join to create an "information hub" on the first floor where patrons could get any Draft City Council Special Meeting May 24, 2022 Page 6 of 7 technical or library support or information about activities in Coachman Park. 11. Reimburse the City for COVID Expenses - $2,358,893 The City expended $1,379,498 of General Fund operating budget on the Clearwater Back to Business Grant and Professional Services Program during fiscal years 2020 and 2021. Additionally, the City expended $1,741,242 city-wide on premium pay and vacation accruals for essential employees during the pandemic, per the City's emergency deployment and compensation policy. These two expenditure categories total $3,120,700 and staff is recommending $2,358,893 of reimbursement. The City Manager said staff will be collecting input regarding the use of ARPA funds on the City’s website and at the three upcoming strategic vision/ARPA meetings. One individual supported using ARPA funds to address code enforcement issues found in neighborhoods; instead of fining homeowners, provide assistance to reach compliance. One individual requested assurance that properties in the North Greenwood community will not become unattainable as the area is redeveloped. In response to questions, the City Manager said staff has met with PSTA regarding fiber upgrades for smart signal systems, reducing the circulation time of buses equipped with detectable transponders. He said he is working with PSTA and the Jolley Trolley for a more robust transportation system in the area. One individual suggested the funds be used for a light rail system and expressed concerns with the number of homeless in the Mian Library. The City Manager said Imagine Clearwater includes plans to open the ground floor of the Main Library and make it more active. There is ample space in the Library to move the collection to an upper floor. One individual suggested using the ARPA funds to assist businesses impacted by COVID. The City Manager said there are grant programs for small businesses available via the Economic Development & Housing Department and Community Redevelopment Agency. One individual suggested using funds to install child-friendly playground equipment at Crest Lake Park and bringing back the small neighborhood parks. One individual expressed concern with the lack of diversity among city staff. One individual expressed concern with the City’s website; it reflects the community’s welcoming sprit but lacks its diversity. Draft City Council Special Meeting May 24, 2022 Page 7 of 7 The City Manager said staff is in the process of updating the website, hopefully addressing the concerns raised tonight. One individual suggested using ARPA funds to assist residents obtaining solar panels, making their home more energy efficient, and installing WiFi throughout the community. One individual suggested using the ARPA funds for affordable housing projects, instead of the Pinellas Community Foundation proposal. One individual supported the community meetings and suggested that the City approach the EPA for beach renourishment funds. 4. Adjourn The meeting adjourned at 7:44 p.m. Mayor City of Clearwater Attest City Clerk Draft INDIVIDUAL SPEAKER Citizen Comment Card Name:T4fL cA L A Address: 3'05G U5 I-1 v.-)27 City: Zip: Telephone Number: '-)27 ' S / `c/4 Email Address: PeSedit-t/ Z/ c) 6-44 //- Speaking under citizens to be heard re items not on the agenda? IJP Agenda item(s) to which you wish to speak. bA-VI kiti t s. s S tit 0-*) Cl pmt t614 -42 -Lb 14 -Tiff j-/4`i B i1 1710— What Tlc-- What is your position on the item? For Against INDIVIDUAL SPEAKER Citizen Comment Card Name: jlRESQ gieN_ l RA-- Address: ,g615 0-eve/Lance 00 City: nee/ rWr- Telephone Number:.27— 576,5--"g Email Address: Speaking under citizens to be heard re items not on the agenda? Lb'" yes Agenda item(s) to which you wish to speak- D,arce' a' V- AIOcr41;le ,e; 67, 4-t—riq Et$Q_, rere f4S *WI -0 VI., What1ssJyou position on a/4 item? For N f Against INDIVIDUAL SPEAKER Citizen Comment Card Name: , v1k 140,51 ()ktAP Address: g/ 1 ' " kja kSSQ (O2 City: Q.) Zip: 337,5? Telephone Number: crt, - 70 c,7 o Email Address: g juv I C4^ Speaking under citizens to be heard re items not on the agenda? gPievcy Agenda item(s) to which you wish to speak: 2, rl X55 ck4 W kb k What is your position on the item? For Againstic INDIVIDUAL SPEAKER Citizen Comment Card Name: 4ILI-N -11!),(1_,F 0,J Address: zL? z fr FEee,,b Ca J, City: C t•.c 21A1.1 -7-I zip: 33 77 ( Telephone Number: 727— —C. 04. Email Address: 4/44. a'J 8 6.4)@USA. 42E7 Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak. V v 7 What is your position on the item? For X Against X Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0524 Agenda Date: 7/21/2022 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: City Manager's Office Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Accept the Office of Resilience and Coastal Protection’s Resilient Florida Fiscal Year 21-22 Planning Grant award in the amount of $197,848 with the required local match of $24,000, for the development of a city-wide vulnerability assessment using the City Simulator tool of Atkins North America, Inc. and authorize the appropriate officials to execute same. (consent) SUMMARY: The City seeks to further understand the future impacts of both sea level rise and extreme heat by conducting a city-wide vulnerability assessment using Atkins’ City Simulator tool. With this tool, the City’s most important community elements will be stress-tested and analyzed to support long-term resilience goals. Metrics will include vulnerability, resilience, productivity, and social wellbeing. The results will help guide the City’s capital investment planning process and assist the creation of a future climate action report. APPROPRIATION CODE AND AMOUNT: Funds are available in capital improvement project C2106, Greenprint Implementation, to fund this contract. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 7/20/2022 DEP Agreement No. Rev. 6/20/18 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant Agreement This Agreement is entered into between the Parties named below, pursuant to Section 215.971, Florida Statutes: 1.Project Title (Project):Agreement Number: 2. Parties:State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 (Department) Grantee Name: Entity Type: Grantee Address: FEID: (Grantee) 3.Agreement Begin Date:Date of Expiration: 4.Project Number:(If different from Agreement Number) Project Location(s): Project Description: 5.Total Amount of Funding:Funding Source? Award #s or Line Item Appropriations: Amount per Source(s): ☐State ☐Federal ☐State ☐Federal ☐Grantee Match Total Amount of Funding + Grantee Match, if any: 6.Department’s Grant Manager Grantee’s Grant Manager Name:Name: or successor or successor Address:Address: Phone: Phone: Email: Email: 7.The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are herebyincorporated by reference: ☐Attachment 1: Standard Terms and Conditions Applicable to All Grant Agreements ☐Attachment 2: Special Terms and Conditions ☐Attachment 3: ☐Attachment 4: Public Records Requirements ☐Attachment 5: Special Audit Requirements ☐Attachment 6: Program-Specific Requirements ☐Attachment 7: Grant Award Terms (Federal) *Copy available at https://facts.fldfs.com, in accordance with § 215.985, F.S. ☐Attachment 8: Federal Regulations and Terms (Federal) ☐Additional Attachments (if necessary): ☐Exhibit A: Progress Report Form ☐Exhibit B: Property Reporting Form ☐Exhibit C: Payment Request Summary Form ☐Exhibit D: ☐Exhibit E: Advance Payment Terms and Interest Earned Memo ☐Additional Exhibits (if necessary): DEP Agreement No. Rev. 6/20/18 8. The following information applies to Federal Grants only and is identified in accordance with 2 C.F.R. § 200.331(a)(1): Federal Award Identification Number(s) (FAIN): Federal Award Date to Department: Total Federal Funds Obligated by this Agreement: Federal Awarding Agency: Award R&D? ☐Yes ☐N/A IN WITNESS WHEREOF, this Agreement shall be effective on the date indicated by the Agreement Begin Date above or the last date signed below, whichever is later. GRANTEE Grantee Name By (Authorized Signature) Date Signed Print Name and Title of Person Signing State of Florida Department of Environmental Protection DEPARTMENT By Secretary or Designee Date Signed Print Name and Title of Person Signing ☐Additional signatures attached on separate page. ORCP Additional Signatures _______________________________________________ DEP Grant Manager, Hanna Tillotson ________________________________________________ DEP QC Reviewer, Jeremy Jimenez Local Sponsor may add additional signatures if needed below. Attachment 1 1 of 12 Rev. 06/21/2022 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1 1. Entire Agreement. This Grant Agreement, including any Attachments and Exhibits referred to herein and/or attached hereto (Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee’s forms or invoices shall be null and void. 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement, the order of precedence for interpretation of the Agreement is as follows: i. Standard Grant Agreement ii. Attachments other than Attachment 1, in numerical order as designated in the Standard Grant Agreement iii. Attachment 1, Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement b. All approvals, written or verbal, and other written communication among the parties, including all notices, shall be obtained by or sent to the parties’ Grant Managers. All written communication shall be by electronic mail, U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered delivered at the earliest delivery time. c. If a different Grant Manager is designated by either party after execution of this Agreement, notice of the name and contact information of the new Grant Manager will be submitted in writing to the other party and maintained in the respective parties’ records. A change of Grant Manager does not require a formal amendment or change order to the Agreement. d. This Agreement may be amended, through a formal amendment or a change order, only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the following: (1) an increase or decrease in the Agreement funding amount; (2) a change in Grantee’s match requirements; (3) a change in the expiration date of the Agreement; and/or (4) changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan, that exceeds or is expected to exceed twenty percent (20%) of the total budget as last approved by Department. A change order to this Agreement may be used when: (1) task timelines within the current authorized Agreement period change; (2) the cumulative transfer of funds between approved budget categories, as defined in Attachment 3, Grant Work Plan, are less than twenty percent (20%) of the total budget as last approved by Department; (3) changing the current funding source as stated in the Standard Grant Agreement; and/or (4) fund transfers between budget categories for the purposes of meeting match requirements. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. e. All days in this Agreement are calendar days unless otherwise specified. 3. Agreement Duration. The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions. Attachment 1 2 of 12 Rev. 06/21/2022 4. Deliverables. The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3, Grant Work Plan. The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department making payment on that deliverable. The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement. 5. Performance Measures. The Grantee warrants that: (1) the services will be performed by qualified personnel; (2) the services will be of the kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not knowingly infringe upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) its employees, subcontractors, and/or subgrantees shall comply with any security and safety requirements and processes, if provided by Department, for work done at the Project Location(s). The Department reserves the right to investigate or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable does not foreclose Department’s remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery. 6. Acceptance of Deliverables. a. Acceptance Process. All deliverables must be received and accepted in writing by Department’s Grant Manager before payment. The Grantee shall work diligently to correct all deficiencies in the deliverable that remain outstanding, within a reasonable time at Grantee’s expense. If Department’s Grant Manager does not accept the deliverables within 30 days of receipt, they will be deemed rejected. b. Rejection of Deliverables. The Department reserves the right to reject deliverables, as outlined in the Grant Work Plan, as incomplete, inadequate, or unacceptable due, in whole or in part, to Grantee’s lack of satisfactory performance under the terms of this Agreement. The Grantee’s efforts to correct the rejected deliverables will be at Grantee’s sole expense. Failure to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirements. The Department, at its option, may allow additional time within which Grantee may remedy the objections noted by Department. The Grantee’s failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an event of default. 7. Financial Consequences for Nonperformance. a. Withholding Payment. In addition to the specific consequences explained in the Grant Work Plan and/or Special Terms and Conditions, the State of Florida (State) reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement. None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties. b. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies in the CAP. All CAPs must be able to be implemented and performed in no more than sixty (60) calendar days. i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department. The CAP shall be sent to the Department’s Grant Manager for review and approval. Within ten (10) days of receipt of a CAP, Department shall notify Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, Grantee shall have ten (10) days from receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may result in Department’s termination of this Agreement for cause as authorized in this Agreement. ii. Upon Department’s notice of acceptance of a proposed CAP, Grantee shall have ten (10) days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by Department or steps taken by Grantee shall preclude Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement Attachment 1 3 of 12 Rev. 06/21/2022 the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to Department as requested by Department’s Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by Department may result in termination of the Agreement. 8. Payment. a. Payment Process. Subject to the terms and conditions established by the Agreement, the pricing per deliverable established by the Grant Work Plan, and the billing procedures established by Department, Department agrees to pay Grantee for services rendered in accordance with Section 215.422, Florida Statutes (F.S.). b. Taxes. The Department is exempted from payment of State sales, use taxes and Federal excise taxes. The Grantee, however, shall not be exempted from paying any taxes that it is subject to, including State sales and use taxes, or for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with Department. The Grantee shall not use Department's exemption number in securing such materials. The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. c. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an amendment, is described in the Standard Grant Agreement. Any additional funds necessary for the completion of this Project are the responsibility of Grantee. d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement, costs must be in compliance with laws, rules, and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: https://www.myfloridacfo.com/division/aa/state-agencies. e. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre-audit and post-audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in accordance with the Grant Work Plan. f. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of deliverables to date have first been accepted in writing by Department's Grant Manager. g. Final Payment Request. A final payment request should be submitted to Department no later than sixty (60) days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. h. Annual Appropriation Contingency. The State’s performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates appropriations. i. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration. To obtain the applicable interest rate, please refer to: https://www.myfloridacfo.com/division/aa/state-agencies. j. Refund of Payments to the Department. Any balance of unobligated funds that have been advanced or paid must be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to Department. If this Agreement is funded with federal funds and the Department is required to refund the federal government, the Grantee shall refund the Department its share of those funds. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions, the following conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: a. Salary/Wages. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or match requirements. b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for multipliers, all multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) Attachment 1 4 of 12 Rev. 06/21/2022 shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing $5,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in Chapters 273 and/or 274, F.S., and Chapter 69I-72, Florida Administrative Code (F.A.C.) and/or Chapter 69I-73, F.A.C., as applicable. The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement, if any, impose this requirement, in writing, on its subcontractors. i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may award, on a competitive basis, fixed-price subcontracts to consultants/contractors in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed-price subcontracted activities shall be supported with a copy of the subcontractor’s invoice and a copy of the tabulation form for the competitive procurement process (e.g., Invitation to Bid, Request for Proposals, or other similar competitive procurement document) resulting in the fixed-price subcontract. The Grantee may request approval from Department to award a fixed-price subcontract resulting from procurement methods other than those identified above. In this instance, Grantee shall request the advance written approval from Department’s Grant Manager of the fixed price negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of Department Grant Manager’s approval of the fixed-price amount, Grantee may proceed in finalizing the fixed-price subcontract. ii. If the procurement is subject to the Consultant’s Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with Section 112.061, F.S. e. Direct Purchase Equipment. For the purposes of this Agreement, Equipment is defined as capital outlay costing $5,000 or more. Match or reimbursement for Grantee’s direct purchase of equipment is subject to specific approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B, Property Reporting Form. f. Rental/Lease of Equipment. Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non-excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of receipts or invoices. Additionally, independent of Grantee’s contract obligations to its subcontractor, Department shall not reimburse any of the following types of charges: cell phone usage; attorney’s fees or court costs; civil or administrative penalties; or handling fees, such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements; and/or obtaining record title ownership of real property through purchase) must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents, Deeds, Leases, Easements, License Agreements, or other legal instrument documenting acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds. 10. Status Reports. Attachment 1 5 of 12 Rev. 06/21/2022 The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A, Progress Report Form, to Department’s Grant Manager describing the work performed during the reporting period, problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting period. Quarterly status reports are due no later than twenty (20) days following the completion of the quarterly reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30, September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty (30) days. 11. Retainage. The following provisions apply if Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. b. If Grantee fails to perform the requested work, or fails to perform the work in a satisfactory manner, Grantee shall forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work was actually performed. The Department shall provide written notification to Grantee of the failure to perform that shall result in retainage forfeiture. If the Grantee does not correct the failure to perform within the timeframe stated in Department’s notice, the retainage will be forfeited to Department. c. No retainage shall be released or paid for incomplete work while this Agreement is suspended. d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. a. Insurance Requirements for Sub-Grantees and/or Subcontractors. The Grantee shall require its sub-grantees and/or subcontractors, if any, to maintain insurance coverage of such types and with such terms and limits as described in this Agreement. The Grantee shall require all its sub-grantees and/or subcontractors, if any, to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub-grantees and/or subcontractors must provide proof of insurance upon request. b. Deductibles. The Department shall be exempt from, and in no way liable for, any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. c. Proof of Insurance. Upon execution of this Agreement, Grantee shall provide Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of any work under this Agreement. Upon receipt of written request from Department, Grantee shall furnish Department with proof of applicable insurance coverage by standard form certificates of insurance, a self- insured authorization, or other certification of self-insurance. d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason, or if Grantee cannot get adequate coverage, Grantee shall immediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten (10) days after the cancellation of coverage. e. Insurance Trust. If the Grantee’s insurance is provided through an insurance trust, the Grantee shall instead add the Department of Environmental Protection, its employees, and officers as an additional covered party everywhere the Agreement requires them to be added as an additional insured. 13. Termination. a. Termination for Convenience. When it is in the State’s best interest, Department may, at its sole discretion, terminate the Agreement in whole or in part by giving 30 days’ written notice to Grantee. The Department shall notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated. The Grantee must submit all invoices for work to be paid under this Agreement within thirty (30) days of the effective date of termination. The Department shall not pay any invoices received after thirty (30) days of the effective date of termination. b. Termination for Cause. The Department may terminate this Agreement if any of the events of default described in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other obligations under this Agreement. If, after termination, it is determined that Grantee was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had Attachment 1 6 of 12 Rev. 06/21/2022 been issued for the convenience of Department. The rights and remedies of Department in this clause are in addition to any other rights and remedies provided by law or under this Agreement. c. Grantee Obligations upon Notice of Termination. After receipt of a notice of termination or partial termination unless as otherwise directed by Department, Grantee shall not furnish any service or deliverable on the date, and to the extent specified, in the notice. However, Grantee shall continue work on any portion of the Agreement not terminated. If the Agreement is terminated before performance is completed, Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. d. Continuation of Prepaid Services. If Department has paid for any services prior to the expiration, cancellation, or termination of the Agreement, Grantee shall continue to provide Department with those services for which it has already been paid or, at Department’s discretion, Grantee shall provide a refund for services that have been paid for but not rendered. e. Transition of Services Upon Termination, Expiration, or Cancellation of the Agreement. If services provided under the Agreement are being transitioned to another provider(s), Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to cooperate with the new provider(s), however additional requirements may be outlined in the Grant Work Plan. The Grantee shall not perform any services after Agreement expiration or termination, except as necessary to complete the transition or continued portion of the Agreement, if any. 14. Notice of Default. If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of the events of default, Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances. This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure. The notice will also provide that, should the Grantee fail to perform within the time provided, Grantee will be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default notice. 15. Events of Default. Provided such failure is not the fault of Department or outside the reasonable control of Grantee, the following non-exclusive list of events, acts, or omissions, shall constitute events of default: a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable, failure to perform the minimal level of services required for a deliverable, discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so, or abandonment of the Agreement; b. The commitment of any material misrepresentation or omission in any materials, or discovery by the Department of such, made by the Grantee in this Agreement or in its application for funding; c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, incomplete, or insufficient information; d. Failure to honor any term of the Agreement; e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking the certificate of authority granted to the Grantee by a state or other licensing authority; f. Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to any other entities as required by this Agreement; g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the Immigration and Nationality Act; h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30-day period, Grantee (including its receiver or trustee in bankruptcy) provides to Department adequate assurances, reasonably acceptable to Department, of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title 11 of the United States Code; ii. The making by Grantee of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of Grantee’s business or property; and/or iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization, or liquidation. 16. Suspension of Work. Attachment 1 7 of 12 Rev. 06/21/2022 The Department may, in its sole discretion, suspend any or all activities under the Agreement, at any time, when it is in the best interest of the State to do so. The Department shall provide Grantee written notice outlining the particulars of suspension. Examples of reasons for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, Grantee shall comply with the notice. Within 90 days, or any longer period agreed to by the parties, Department shall either: (1) issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension, the notice of suspension shall be deemed to satisfy the thirty (30) days’ notice required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee’s control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten days after the cause that creates or will create the delay first arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE GRANTEE’S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against Department. The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist Grantee shall perform at no increased cost, unless Department determines, in its sole discretion, that the delay will significantly impair the value of the Agreement to Department, in which case Department may: (1) accept allocated performance or deliveries from Grantee, provided that Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to and by Grantee for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Agreement quantity; or (3) terminate Agreement in whole or in part. 18. Indemnification. a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, actions, damages, and costs of every name and description arising from or relating to: i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee, its agents, employees, partners, or subcontractors; provided, however, that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of Department; ii. the Grantee’s breach of this Agreement or the negligent acts or omissions of Grantee. b. The Grantee’s obligations under the preceding paragraph with respect to any legal action are contingent upon Department giving Grantee: (1) written notice of any action or threatened action; (2) the opportunity to take over and settle or defend any such action at Grantee’s sole expense; and (3) assistance in defending the action at Grantee’s sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made by Department in any legal action without Grantee’s prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, F.S. Further, nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee, insure or assume liability for Grantee’s negligence, waive Department’s sovereign immunity under the laws of Florida, or Attachment 1 8 of 12 Rev. 06/21/2022 otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void. 19. Limitation of Liability. The Department’s liability for any claim arising from this Agreement is limited to compensatory damages in an amount no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement. Such liability is further limited to a cap of $100,000. 20. Remedies. Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit Department’s right to pursue its remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to other remedies available to it, at law or in equity and upon notice to Grantee, retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against it. 21. Waiver. The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department’s right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. b. Pursuant to Sections 287.133, 287.134, and 287.137 F.S., the following restrictions apply to persons placed on the convicted vendor list, discriminatory vendor list, or the antitrust violator vendor list: i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. iii. Antitrust Violator Vendors. A person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply on any contract to provide any good or services to a public entity; may not submit a bid, proposal, or reply on any contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with a public entity; and may not transact new business with a public entity. iv. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list, the discriminatory vendor list, or antitrust violator vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and the antitrust violator vendor list and posts the list on its website. Questions regarding the discriminatory vendor list or antitrust violator vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at (850) 487-0915. Attachment 1 9 of 12 Rev. 06/21/2022 23. Compliance with Federal, State and Local Laws. a. The Grantee and all its agents shall comply with all federal, state and local regulations, including, but not limited to, nondiscrimination, wages, social security, workers’ compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State, and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Scrutinized Companies. a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. b. If this Agreement is for more than one million dollars, the Grantee certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. c. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. 25. Lobbying and Integrity. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying the Legislature or a State agency pursuant to Section 216.347, F.S., except that pursuant to the requirements of Section 287.058(6), F.S., during the term of any executed agreement between Grantee and the State, Grantee may lobby the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding that agreement. The Grantee shall comply with Sections 11.062 and 216.347, F.S. 26. Record Keeping. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles (US GAAP) consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following the completion date or termination of the Agreement. In the event that any work is subcontracted, Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. Upon request of Department’s Inspector General, or other authorized State official, Grantee shall provide any type of information the Inspector General deems relevant to Grantee’s integrity or responsibility. Such information may include, but shall not be limited to, Grantee’s business or financial records, documents, or files of any type or form that refer to or relate to Agreement. The Grantee shall retain such records for the longer of: (1) three years after the expiration of the Agreement; or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at: http://dos.myflorida.com/library-archives/records-management/general-records-schedules/). 27. Audits. a. Inspector General. The Grantee understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its sub-grantees and/or subcontractors issued under this Agreement, if any, impose this requirement, in writing, on its sub-grantees and/or subcontractors, respectively. b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement, with reasonable notice and during normal business hours, including by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment, materials or documents; Attachment 1 10 of 12 Rev. 06/21/2022 ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and, iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment 5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1, to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the Department’s Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment 5, Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance, Grantee shall utilize the guidance provided under 2 CFR §200.331 for determining whether the relationship represents that of a subrecipient or vendor. For State financial assistance, Grantee shall utilize the form entitled “Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination” (form number DFS-A2-NS) that can be found under the “Links/Forms” section appearing at the following website: https:\\apps.fldfs.com\fsaa. d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable. Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR 200. The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty (30) days of such request. e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program-by-program or a project-by-project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. i. If Department finds that these funds have been commingled, Department shall have the right to demand a refund, either in whole or in part, of the funds provided to Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to Department, the amount of money demanded by Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from Department by Grantee to the date repayment is made by Grantee to Department. ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by Department, from another source(s), Grantee shall reimburse Department for all recovered funds originally provided under this Agreement and interest shall be charged for those recovered costs as calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is made to Department. iii. Notwithstanding the requirements of this section, the above restrictions on commingling funds do not apply to agreements where payments are made purely on a cost reimbursement basis. 28. Conflict of Interest. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 29. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 30. Subcontracting. a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed solely by Grantee. b. The Department may, for cause, require the replacement of any Grantee employee, subcontractor, or agent. For cause, includes, but is not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with an applicable Department policy or other requirement. Attachment 1 11 of 12 Rev. 06/21/2022 c. The Department may, for cause, deny access to Department’s secure information or any facility by any Grantee employee, subcontractor, or agent. d. The Department’s actions under paragraphs b. or c. shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement. The Grantee shall be responsible for the payment of all monies due under any subcontract. The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. e. The Department will not deny Grantee’s employees, subcontractors, or agents access to meetings within the Department’s facilities, unless the basis of Department’s denial is safety or security considerations. f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State. A list of minority-owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915. g. The Grantee shall not be liable for any excess costs for a failure to perform, if the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both Grantee and the subcontractor(s), and without the fault or negligence of either, unless the subcontracted products or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery schedule. 31. Guarantee of Parent Company. If Grantee is a subsidiary of another corporation or other business entity, Grantee asserts that its parent company will guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of Grantee. 32. Survival. The respective obligations of the parties, which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records, shall survive termination, cancellation, or expiration of this Agreement. 33. Third Parties. The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee, its agents, servants, and employees, nor shall Grantee disclaim its own negligence to Department or any third party. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If Department consents to a subcontract, Grantee will specifically disclose that this Agreement does not create any third- party rights. Further, no third parties shall rely upon any of the rights and obligations created under this Agreement. 34. Severability. If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision, and shall remain in full force and effect. 35. Grantee’s Employees, Subcontractors and Agents. All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under Agreement must comply with all security and administrative requirements of Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. 36. Assignment. The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under any purchase order issued pursuant to the Agreement, without the prior written consent of Department. In the event of any assignment, Grantee remains secondarily liable for performance of the Agreement, unless Department expressly waives such secondary liability. The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. 37. Compensation Report. If this Agreement is a sole-source, public-private agreement or if the Grantee, through this agreement with the State, annually receive 50% or more of their budget from the State or from a combination of State and Federal funds, the Grantee shall provide an annual report, including the most recent IRS Form 990, detailing the total compensation for the entities' executive leadership teams. Total compensation shall include salary, bonuses, cashed-in leave, cash equivalents, severance pay, retirement benefits, deferred compensation, real-property gifts, and any other payout. The Grantee must also inform the Department of any changes in total executive compensation between the annual Attachment 1 12 of 12 Rev. 06/21/2022 reports. All compensation reports must indicate what percent of compensation comes directly from the State or Federal allocations to the Grantee. 38. Execution in Counterparts and Authority to Sign. This Agreement, any amendments, and/or change orders related to the Agreement, may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996, electronic signatures, including facsimile transmissions, may be used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. Attachment 2 1 of 3 Rev. 8/19/2021 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO. 22PLN91 ATTACHMENT 2 These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions, Attachment 1. Where in conflict, these more specific terms shall apply. 1. Scope of Work. The Project funded under this Agreement is Vulnerability Assessment with City Simulator. The Project is defined in more detail in Attachment 3, Grant Work Plan. 2. Duration. a. Reimbursement Period. The reimbursement period for this Agreement is the same as the term of the Agreement. b. Extensions. There are extensions available for this Project. c. Service Periods. Additional service periods may be added in accordance with 2.a above and are contingent upon proper and satisfactory technical and administrative performance by the Grantee and the availability of funding. 3. Payment Provisions. a. Compensation. This is a cost reimbursement Agreement. The Grantee shall be compensated under this Agreement as described in Attachment 3. b. Invoicing. Invoicing will occur as indicated in Attachment 3. c. Advance Pay. Advance Pay is not authorized under this Agreement. 4. Cost Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories, as defined in the Reference Guide for State Expenditures, as indicated: Reimbursement Match Category ☐ ☐ Salaries/Wages Overhead/Indirect/General and Administrative Costs: ☐ ☐ a. Fringe Benefits, N/A. ☐ ☐ b. Indirect Costs, N/A. ☒ ☒ Contractual (Subcontractors) ☐ ☐ Travel, in accordance with Section 112, F.S. ☐ ☐ Equipment ☐ ☐ Rental/Lease of Equipment ☐ ☐ Miscellaneous/Other Expenses ☐ ☐ Land Acquisition 5. Equipment Purchase. No Equipment purchases shall be funded under this Agreement. 6. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. 7. Match Requirements The Agreement requires at least a 10.8% match on the part of the Grantee. Therefore, the Grantee is responsible for providing $24,000 through cash or third party in-kind towards the project funded under this Agreement. The Grantee may claim allowable project expenditures made on July 1, 2021 or after for purposes of meeting its match requirement as identified above. Attachment 2 2 of 3 Rev. 8/19/2021 Each payment request submitted shall document all matching funds and/or match efforts (i.e., in-kind services) provided during the period covered by each request. The final payment will not be processed until the match requirement has been met. 8. Insurance Requirements Required Coverage. At all times during the Agreement the Grantee, at its sole expense, shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy maintained by the Grantee shall not be interpreted as limiting the Grantee’s liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida, or alternatively, Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this Agreement, however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department, its employees, and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be $250,000 for each occurrence and $500,000 policy aggregate. b. Commercial Automobile Insurance. If the Grantee’s duties include the use of a commercial vehicle, the Grantee shall maintain automobile liability, bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis. The Department, its employees, and officers shall be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: $200,000/300,000 Automobile Liability for Company-Owned Vehicles, if applicable $200,000/300,000 Hired and Non-owned Automobile Liability Coverage c. Workers’ Compensation and Employer’s Liability Coverage. The Grantee shall provide workers’ compensation, in accordance with Chapter 440, F.S. and employer liability coverage with minimum limits of $100,000 per accident, $100,000 per person, and $500,000 policy aggregate. Such policies shall cover all employees engaged in any work under the Grant. d. Other Insurance. None. 9. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. 10. Retainage. No retainage is required under this Agreement. 11. Subcontracting. The Grantee may subcontract work under this Agreement without the prior written consent of the Department’s Grant Manager except for certain fixed-price subcontracts pursuant to this Agreement, which require prior approval. The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for subcontracted work. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed under this Agreement. 12. State-owned Land. The work will not be performed on State-owned land. 13. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. 14. Additional Terms. Documentary Evidence Requirement for Subcontractor(s). If any work associated with this Agreement is completed by a subcontractor(s), the Grantee shall require that such subcontractor(s) submit documentary evidence (e.g., workshop agendas; meeting recordings) to Grantee demonstrating that the subcontractor(s) has fully performed its Project obligation(s). The Grantee shall forward copies of all such documentary evidence to the Department with the Attachment 2 3 of 3 Rev. 8/19/2021 Grantee’s relevant deliverable(s), using the approved Project Timeline set forth in Attachment 3 to this Agreement (Grant Work Plan). Sea Level Impact Projection Study Requirement. If the project is within the designated area, pursuant to Section 161.552, F.S. and Chapter 62S-7, Florida Administrative Code, the Grantee is responsible for performing a Sea Level Impact Projection (SLIP) study and submitting the resulting report to the Department. The SLIP study report must be received by the Department, approved by the Department, and be published on the Department’s website for at least thirty (30) days before construction can commence. This rule went into effect July 1, 2021, and applies to certain state- funded construction projects located in the coastal building zone as defined in the rule. DEP Agreement No.: 22PLN91 Page 1 of 5 Rev. 2.11.22 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT WORK PLAN AGREEMENT NO. 22PLN91 ATTACHMENT 3 PROJECT TITLE: Vulnerability Assessment with City Stimulator PROJECT LOCATION: The Project is located in the City of Clearwater within Pinellas County, Florida. PROJECT DESCRIPTION: The Vulnerability Assessment with City Stimulator Project (Project) will conduct a comprehensive Vulnerability Assessment (VA) pursuant to Section 380.093, Florida Statutes for the City of Clearwater. The Project will use the City Stimulator tool to stress-test and analyze important community elements for long-term resilience goals and the results will guide the City’s capital investment planning process and assist the creation of a future climate action report. The Project includes outreach and a comprehensive VA. TASKS AND DELIVERABLES: Task 1: Kick Off Meeting Description: After a notice-to-proceed is issued, the Grantee will meet to develop an overall project management plan and to address initial actions. Meeting attendees should discuss the project scope, project goals, schedule, key milestones, and deliverables in order to develop a consistent project approach. The kick-off meeting will be hosted by the Grantee and should identify potential representatives to serve on both the Project Action Team (PAT) and Technical Advisory Committee (TAC). Prior to the meeting, the Grantee will prepare the sign-in sheet, draft project schedule, and other meeting materials as necessary. The Grantee will prepare a draft list of representatives to serve on the PAT and TAC based on discussions with the Grantee. It is recommended that the committees be limited to no more than 10 representatives to better manage meeting outcomes. Deliverables: The Grantee will provide the following: 1) a draft list of the PAT and TAC members; 2) kick-off meeting minutes, which documents all decisions and agreed upon outcomes of the meeting; and 3) a draft email to potential members to request their participation on the PAT and TAC. The email shall include the project purpose, goals, schedule, project meeting dates and locations, and overall desired outcomes. Task 2: Assemble PAT and TAC Description: The Grantee will review and approve the PAT and TAC member list and then distribute the draft email prepared in Task 1 to the members. The email requests PAT and TAC member participation and to provide confirmation of acceptance or denial. Deliverables: The Grantee will provide the list of local representatives that have confirmed participation on the PAT and TAC. The list shall include the name, organization/affiliation, position title, and contact information. DEP Agreement No.: 22PLN91 Page 2 of 5 Rev. 2.11.22 Task 3: Conduct TAC Meetings Description: The Grantee will coordinate and schedule the quantity, dates, times, and locations for the TAC meetings, based on critical decision points in the project process. The purpose of the TAC meetings is to assist in reviewing the goals of the project, review draft materials, provide input for study direction, assist in identifying geographic context, appropriate modeling methodologies, assist in identifying available data and resources, identify relevant assets, and review project findings and recommendations. A minimum of two TAC meetings is recommended, at the beginning and end of the project, however, more may be necessary to provide guidance at critical decision points throughout the project process. Deliverables: The Grantee will provide the following: 1) meeting agendas to include location, date, and time of meeting; 2) meeting sign-in sheets with attendee names and affiliation; 3) a copy of the presentation(s) and any materials created for distribution at the meeting, as applicable; and 4) a summary report of committee recommendations and guidance, to include attendee input, meeting outcomes, methodologies selected, appropriate resources and data, relevant assets and review of study deliverables for accuracy and applicability. Task 4: Acquire Background Data and Populate Digitak Twin Geodatabases Description: The Grantee will research and compile the data needed to perform the Vulnerability Assessment (VA), based on the requirements as defined in Section 380.093, Florida Statute (F.S.). Three main categories of data are required to perform a VA: 1) critical and regionally significant asset inventory, 2) topographic data, and 3) flood scenario-related data. GIS metadata should incorporate a layer for each of the four asset types as defined in s. 380.093(2) 1-4, F.S. GIS files and associated metadata must adhere to the Resilient Florida Program’s GIS Data Standards (Exhibit I), and raw data sources shall be defined within the associated metadata. Sea level rise projection data shall include the 2017 National Oceanic and Atmospheric Administration (NOAA) intermediate-high and intermediate-low projections for 2040 and 2070, at a minimum. Other projections can be used at the Grantees discretion. Storm surge data used must be equal to or exceed the 100-year return period (1% annual chance) flood event. In the process of researching background data, the Grantee shall identify data gaps, where missing data or low-quality information may limit the VA’s extent or reduce the accuracy of the results. The Grantee shall rectify any gaps of necessary data. The Grantee will also research and compile data needed to develop the digital twin in City Simulator, including the appropriate geodatabases to store the digital twin information. Deliverables: The Grantee will provide the following: 1) a technical report to outline the data compiled for both the VA and the digital twin and findings of the gap analysis; 2) a summary report to include recommendations to address the identified data gaps and actions taken to rectify them, if applicable; 3) GIS files with appropriate metadata of the data compiled for both the VA and the digital twin, to include locations of critical assets owned or maintained by the Grantee as well as regionally significant assets that are classified and as defined in s. 380.093(2) 1-4, F.S. Task 5: Exposure Analysis and Climate Change Forecasts Description: The Grantee will perform an exposure analysis to identify the depth of water caused by each sea level rise, storm surge, and/or flood scenario. The water surface depths (i.e. flood scenarios) used to evaluate assets shall include the following data: tidal flooding, current and future storm surge flooding, rainfall-induced flooding, and compound flooding, all as applicable, as well as the scenarios and standards DEP Agreement No.: 22PLN91 Page 3 of 5 Rev. 2.11.22 used for the exposure analysis shall be pursuant to s. 380.093, F.S. GIS files and associated metadata must adhere to the Resilient Florida Program’s GIS Data Standards (Exhibit I), and raw data sources shall be defined within the associated metadata. The Grantee will also develop forecasts for climate change using the StormCaster module within City Simulator, to include future rainfall, temperature, and sea level. Deliverables: The Grantee will provide the following: 1) a draft Vulnerability Assessment report that provides details on the modeling process, type of models utilized, and resulting tables and maps illustrating flood depths for each flood scenario; 2) GIS files with results of the exposure analysis for each flood scenario as well as the appropriate metadata that identifies the methods used to create the flood layers; and 3) results of the StormCaster module within City Simulator. Task 6: Sensitivity Analysis Description: The Grantee will perform the sensitivity analysis to measure the impact of flooding on assets and to apply the data from the exposure analysis to the inventory of critical assets created in the Exposure Analysis Task. The sensitivity analysis should include an evaluation of the impact of flood severity on each asset type and at each flood scenario and assign a risk level based on percentages of land area inundated and number of critical assets affected. The Grantee will run up to 15 scenarios to get an initial understanding of future climate vulnerabilities and implications to the City. The outputs from the scenario modeling will provide results and performance metrics. Deliverables: The Grantee will provide the following: 1) a draft Vulnerability Assessment report that provides details on the findings of the exposure analysis, sensitivity analysis, and modeling of the 15 scenarios, and includes visual presentation of the data via maps and tables, based on the statutory-required scenarios and standards; and 2) an initial list of critical and regionally significant assets that are impacted by flooding. The list of critical and regionally significant assets must be prioritized by area or immediate need and must identify which flood scenario(s) impacts each asset. Task 7: Final Vulnerability Assessment Report, Maps, and Tables Description: The Grantee will finalize the Vulnerability Assessment (VA) report pursuant to the requirements in s. 380.093, F.S. and based upon the PAT and TAC and public outreach efforts. The final VA must include all results from the exposure and sensitivity analyses, as well as a summary of identified risks and assigned focus areas. It should contain a list of critical and regionally significant assets that are impacted by flooding and sea-level rise, specifying for each asset the flood scenario(s) impacting the asset. GIS files and associated metadata must adhere to the Resilient Florida Program’s GIS Data Standards (Exhibit I), and raw data sources shall be defined within the associated metadata. The Grantee will also develop a Community Resilience Report to summarize the planning process, digital twin City Simulator creation, scenarios evaluated, and results. Deliverables: The Grantee will provide the following: 1) Final Vulnerability Assessment Report that provides details on the results and conclusions, including illustrations via maps and tables, based on the statutory-required scenarios and standards in s. 380.093, F.S.; 2) a final list of critical and regionally significant assets that are impacted by flooding. The list of critical and regionally significant assets must be prioritized by area or immediate need and must identify which flood scenario(s) impacts each asset.; 3) all electronic mapping data used to illustrate flooding and sea level rise impacts identified in the VA, to include the geospatial data in an electronic file format and GIS metadata; 4) a signed Vulnerability Assessment DEP Agreement No.: 22PLN91 Page 4 of 5 Rev. 2.11.22 Compliance Checklist Certification; and 5) Community Resilience Report to summarize the planning process, digital twin City Simulator creation, scenarios evaluated, and results. Task 8: Public Presentation Description: The Grantee will present the final VA results to local governing boards, technical committees, or other appropriate officers and elected officials. The purpose of the presentation is to share the findings from the final VA and provide recommendations of actions for adaptation strategies and future project funding. The presentation will also inform the public of the results and the future risk of sea level rise and increased flooding and encourage community participation when identifying mitigation strategies to address the flooding vulnerabilities. The Grantee will prepare all social media notifications, meeting invitations, meeting materials, presentations, and graphics utilized during the meeting, as applicable. Deliverables: The Grantee will provide the following: 1) meeting agendas to include location, date, and time of meeting; 2) meeting sign-in sheets with attendee names and affiliation (i.e. local stakeholder, resident, PAT and TAC member, local government staff); 3) a copy of the presentation(s) and any materials created in preparation of or for distribution at the meeting (i.e. social media posts, public announcements, graphics), as applicable; 4) a copy of the file or weblink of the video or audio recording from the meeting, if applicable; and 5) a summary report including attendee input and meeting outcomes. PERFORMANCE MEASURES: The Grantee will submit all deliverables for each task to the Department’s Grant Manager on or before the Task Due Date listed in the Project Timeline. The Grantee must also submit Exhibit A, Progress Report Form, to the Department’s Grant Manager, with every deliverable and payment request. For interim payment requests, Exhibit A may serve as the deliverable for a task. The Department’s Grant Manager will review the deliverable(s) to verify that they meet the specifications in the Grant Work Plan and the task description, to include any work being performed by any subcontractor(s). Upon review and written acceptance by the Department’s Grant Manager of deliverables under the task, the Grantee may proceed with payment request submittal. CONSEQUENCES FOR NON-PERFORMANCE: The Department will reduce each Task Funding Amount by five percent (5%) for every day that the task deliverable(s) are not received on the specified due date listed in the Agreement’s most recent Project Timeline. Should a Change Order or Amendment be requested on the date of or after the most current task due date, the five percent (5%) reduction of that Task Funding Amount will be imposed until the date of the requested change is received via email by the Department. PAYMENT REQUEST SCHEDULE: Following the Grantee’s full completion of a task, the Grantee may submit a payment request for cost reimbursement using both Exhibit A, Progress Report Form, and Exhibit C, Payment Request Summary Form. Interim payment requests cannot be made more frequently than quarterly and must be made using Exhibit A, detailing all work progress made during that payment request period, and Exhibit C. Upon the Department’s receipt of Exhibit A and C, along with all supporting fiscal documentation and deliverables, the Department’s Grant Manager will have ten (10) working days to review and approve or deny the payment request. PROJECT TIMELINE AND BUDGET DETAIL: The tasks must be completed by, and all deliverables received by, the corresponding task due date listed in the table below. Cost-reimbursable grant funding must not exceed the budget amounts indicated below. Requests for any change(s) must be submitted prior to the current task due date listed in the Project Timeline. Requests are to be sent via email to the Department’s Grant Manager, with the details of the request and the reason for the request made clear. DEP Agreement No.: 22PLN91 Page 5 of 5 Rev. 2.11.22 Task No. Task Title Budget Category DEP Amount Local Amount Total Amount Task Start Date Task Due Date 1 Kick Off Meeting Contractual Services $20,897 $0 $20,897 7/1/2021 3/30/2024 2 Assemble PAT and TAC Contractual Services $5,000 $0 $5,000 7/1/2021 3/30/2024 3 Conduct TAC Meetings Contractual Services $16,900 $0 $16,900 7/1/2021 3/30/2024 4 Acquire Background Data and Populate Twin Digitak Geodatabases Contractual Services $30,456 $0 $30,456 7/1/2021 3/30/2024 5 Exposure Analysis and Climate Change Forecasts Contractual Services $60,132 $0 $60,132 7/1/2021 3/30/2024 6 Sensitivity Analysis Contractual Services $26,310 $0 $26,310 7/1/2021 3/30/2024 7 Final Vulnerability Assessment Report, Maps, and Tables Contractual Services $37,153 $20,000 $57,153 7/1/2021 3/30/2024 8 Public Presentation Contractual Services $1,000 $4,000 $5,000 7/1/2021 3/30/2024 Total: $197,848 $24,000 $221,848 Attachment 4 1 of 1 Rev. 4/27/2018 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4 1. Public Records. a. If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services under the Agreement, Grantee must allow public access to all documents, papers, letters, or other material, regardless of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the Agreement (Public Records), unless the Public Records are exempt from section 24(a) of Article I of the Florida Constitution or section 119.07(1), F.S. b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records as required by law. 2. Additional Public Records Duties of Section 119.0701, F.S., If Applicable. For the purposes of this paragraph, the term “contract” means the “Agreement.” If Grantee is a “contractor” as defined in section 119.0701(1)(a), F.S., the following provisions apply and the contractor shall: a. Keep and maintain Public Records required by Department to perform the service. b. Upon request, provide Department with a copy of requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to penalties under section 119.10, F.S. d. Ensure that 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 Public Records to Department. e. Upon completion of the contract, transfer, at no cost, to Department all Public Records in possession of the contractor or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all Public Records to Department 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 Public Records stored electronically must be provided to Department, upon request from Department’s custodian of Public Records, in a format specified by Department as compatible with the information technology systems of Department. These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the contractor is authorized to access. f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT’S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email: public.services@floridadep.gov Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 Attachment 5 1 of 6 BGS-DEP 55-215 revised 12/14/2020 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Audit Requirements (State and Federal Financial Assistance) Attachment 5 The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the agreement) to the recipient (which may be referred to as the "Recipient", "Grantee" or other name in the agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with 2 C.F.R. Part 200, Subpart F-Audit Requirements, and Section 215.97, F.S., as revised (see “AUDITS” below), monitoring procedures may include, but not be limited to, on-site visits by DEP Department staff, limited scope audits as defined by 2 C.F.R. § 200.425, or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 C.F.R. § 200.330 1. A recipient that expends $750,000 or more in federal awards in its fiscal year, must have a single or program-specific audit conducted in accordance with the provisions of 2 C.F.R. Part 200, Subpart F. EXHIBIT 1 to this Attachment indicates federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department of Environmental Protection. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 C.F.R. §§ 200.502-503. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 C.F.R. Part 200.514 will meet the requirements of this part. 2. For the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 C.F.R. §§ 200.508-512. 3. A recipient that expends less than $750,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 C.F.R. Part 200, Subpart F-Audit Requirements. If the recipient expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 C.F.R. Part 200, Subpart F-Audit Requirements, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at www.cfda.gov Attachment 5 2 of 6 BGS-DEP 55-215 revised 12/14/2020 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, F.S.; Rule Chapter 69I-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this form lists the state financial assistance awarded through the Department of Environmental Protection by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal year ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $750,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-state entity’s resources (i.e., the cost of such an audit must be paid from the recipient’s resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http://www.leg.state.fl.us/Welcome/index.cfm, State of Florida’s website at http://www.myflorida.com/, Department of Financial Services’ Website at http://www.fldfs.com/and the Auditor General's Website at http://www.myflorida.com/audgen/. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity’s policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with 2 C.F.R. Part 200, Subpart F-Audit Requirements, and required by PART I of this form shall be submitted, when required by 2 C.F.R. § 200.512, by or on behalf of the recipient directly to the Federal Audit Clearinghouse (FAC) as provided in 2 C.F.R. §§ 200.36 and 200.512 A. The Federal Audit Clearinghouse designated in 2 C.F.R. § 200.501(a) (the number of copies required by 2 C.F.R. § 200.501(a) should be submitted to the Federal Audit Clearinghouse), at the following address: Attachment 5 3 of 6 BGS-DEP 55-215 revised 12/14/2020 By Mail: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse’s Internet Data Entry System which can be found at http://harvester.census.gov/facweb/ 2. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit@dep.state.fl.us B. The Auditor General’s Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, Florida 32399-1450 The Auditor General’s website (http://flauditor.gov/) provides instructions for filing an electronic copy of a financial reporting package. 3. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit@dep.state.fl.us 4. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 C.F.R. § 200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Attachment 5 4 of 6 BGS-DEP 55-215 revised 12/14/2020 5. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with 2 C.F.R. Part 200, Subpart F-Audit Requirements, or Chapters 10.550 (local governmental entities) and 10.650 (non and for-profit organizations), Rules of the Auditor General, should indicate the date and the reporting package was delivered to the recipient correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. Attachment 5, Exhibit 1 5 of 6 BGS-DEP 55-215 Revised 7/2019 EXHIBIT 1 FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Note: If the resources awarded to the recipient represent more than one federal program, provide the same information shown below for each federal program and show total federal resources awarded Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following: Federal Program A Federal Agency CFDA Number CFDA Title Funding Amount State Appropriation Category $ Federal Program B Federal Agency CFDA Number CFDA Title Funding Amount State Appropriation Category $ Note: Of the resources awarded to the recipient represent more than one federal program, list applicable compliance requirements for each federal program in the same manner as shown below: Federal Program A First Compliance requirement: i.e.: (what services of purposes resources must be used for) Second Compliance requirement: i.e.:(eligibility requirement for recipients of the resources) Etc. Etc. Federal Program B First Compliance requirement: i.e.: (what services of purposes resources must be used for) Second Compliance requirement: i.e.: (eligibility requirement for recipients of the resources) Etc. Etc. Attachment 5, Exhibit 1 6 of 6 BGS-DEP 55-215 Revised 7/2019 Note: If the resources awarded to the recipient for matching represent more than one federal program, provide the same information shown below for each federal program and show total state resources awarded for matching. State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Matching Resources for Federal Programs: Federal Program A Federal Agency CFDA CFDA Title Funding Amount State Appropriation Category Federal Program B Federal Agency CFDA CFDA Title Funding Amount State Appropriation Category Note: If the resources awarded to the recipient represent more than one state project, provide the same information shown below for each state project and show total state financial assistance awarded that is subject to section 215.97, F.S. State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Resources Subject to Section 215.97, F.S.: State Program A State Awarding Agency State Fiscal Year1 CSFA Number CSFA Title or Funding Source Description Funding Amount State Appropriation Category Original Agreement Florida Department of Environmental Protection FY 21.22 37.098 Resilient Florida Programs 197,848.00 140078 State Program B State Awarding Agency State Fiscal Year2 CSFA Number CSFA Title or Funding Source Description Funding Amount State Appropriation Category Total Award $197,848.00 Note: List applicable compliance requirement in the same manner as illustrated above for federal resources. For matching resources provided by the Department for DEP for federal programs, the requirements might be similar to the requirements for the applicable federal programs. Also, to the extent that different requirements pertain to different amount for the non-federal resources, there may be more than one grouping (i.e. 1, 2, 3, etc.) listed under this category. For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) [www.cfda.gov] and/or the Florida Catalog of State Financial Assistance (CSFA) [https://apps.fldfs.com/fsaa/searchCatalog.aspx], and State Projects Compliance Supplement (Part Four: State Projects Compliance Supplement [https://apps.fldfs.com/fsaa/state_project_compliance.aspx]. The services/purposes for which the funds are to be used are included in the Agreement’s Grant Work Plan. Any match required by the Recipient is clearly indicated in the Agreement. 1 Subject to change by Change Order. 2 Subject to change by Change Order. Rev. 2.11.22 Attachment 6 Page 1 of 2 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION PROGRAM-SPECIFIC REQUIREMENTS RESILIENT FLORIDA PROGRAM ATTACHMENT 6 1. Permits. The Grantee acknowledges that receipt of this grant does not imply nor guarantee that a federal, state, or local permit will be issued for a particular activity. The Grantee agrees to ensure that all necessary permits are obtained prior to implementation of any grant-funded activity that may fall under applicable federal, state, or local laws. Further, the Grantee shall abide by all terms and conditions of each applicable permit for any grant-funded activity. Upon request, the Grantee must provide a copy of all acquired and approved permits for the project. 2. Ineligibility. If the Grantee fails to perform in accordance with the terms and conditions set forth in this Agreement; Attachment 3 (Grant Work Plan), and all other applicable attachments and exhibits, the Grantee shall be ineligible to be considered for funding under the Resilient Florida Program for two (2) consecutive funding cycles. The Department shall make its determination of ineligibility within thirty (30) days of this Agreement’s end date and notify the Grantee in writing if determined ineligible. If the failure to perform in accordance with the terms and conditions set forth in this Agreement is due to the Grantee’s contractor or subcontractor(s), then the Grantee should submit that documentation in writing to the Department’s Grant Manager. 3. Additional Documentation for Contractual Costs. In addition to the documentation requirements in paragraph 11 of Attachment 2 (Subcontracting), and in paragraph 9.c. of Attachment 1 (Contractual Costs (Subcontractors)), Grantee shall provide the following for all subcontractual agreements that the Grantee executes for this project: a. A valid link or documentation that outlines their entity’s procurement processes as required in Attachment 1, paragraph 9.c; and b. A certification statement signed by the Grantee’s designated grant manager indicating the procurement process that was utilized per their entities’ policies and procedures for all subcontractors. The certification must include a listing of all subcontractor quotes/bids amounts, along with the company name, address, and the details of how and why they made their determinations for those subcontractors that were selected and utilized for this Agreement. 4. Attachment 3, Grant Work Plan, Performance Measures. All deliverables and reports submitted to the Department should be submitted electronically and must be compliant with the Americans with Disabilities Act, also known as “508 Compliant,” in all formats provided. 5. Copyright, Patent and Trademark. The Department reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for state government purposes: a. The copyright in any work developed under this Agreement; and b. Any rights or copyright to which the Grantee or subcontractor purchases ownership with grant support. 6. Grant funds may not be used to support ongoing efforts to comply with legal requirements, including permit conditions, mitigation, and settlement agreements. 7. Funding Source. With the exception of audiovisuals not intended for presentation to the general public that are produced either as research instruments or for documenting experimentation or findings (unless otherwise required under the special terms of this Agreement), Grantee agrees to include the Department’s logo (which Rev. 2.11.22 Attachment 6 Page 2 of 2 can be found on the Department’s website at: https://floridadep.gov or by contacting the Grant Manager for a copy) on all publications, printed reports, maps, audiovisuals (including videos, slides, and websites), and similar materials, as well as the following language: “This work was funded in part through a grant agreement from the Florida Department of Environmental Protection’s Office of Resilience and Coastal Protection Resilient Florida Program. The views, statements, findings, conclusions, and recommendations expressed herein are those of the author(s) and do not necessarily reflect the views of the State of Florida or any of its subagencies.” The next printed line must identify the month and year of the publication. 8. Final Project Report. The Grantee shall submit Exhibit F, Final Project Report Form, prior to requesting final payment. The Final Project Report may be submitted in lieu of the final quarterly status report, only in instances where the next quarterly report falls after the project’s completion date. Exhibit A, DEP Agreement #: 22PLN91 1 of 1 11/17/2021 DEPARTMENT OF ENVIRONMENTAL PROTECTION Resilient Florida Program Progress Report Form Exhibit A DEP Agreement No.: 22PLN91 Project Title: Vulnerability Assessment with City Simulator Grantee Name: City of Clearwater Grantee Address: Grantee’s Grant Manager: Telephone No.: Reporting Period: (MM/DD/YYYY – MM/DD/YYYY) INSTRUCTIONS: Provide the following information for all tasks and deliverables identified in Attachment 3, Grant Work Plan: Description of the work performed during the reporting period, problems encountered, problem resolutions, scheduled updates, proposed work for the next reporting period, and percentage of the work that has been completed to date. NOTE: Use as many pages as necessary to cover all tasks in the Grant Work Plan. The following format should be followed: Task 1: Progress for this reporting period: Identify any delays or problems encountered: Percentage of task completed: Task 2: Progress for this reporting period: Identify any delays or problems encountered: Percentage of task completed: Task 3: Progress for this reporting period: Identify any delays or problems encountered: Percentage of task completed: Task 4: Progress for this reporting period: Identify any delays or problems encountered: Percentage of task completed: This report is submitted in accordance with the reporting requirements of the above DEP Agreement No. and accurately reflects the activities associated with the project. Signature of Grantee’s Grant Manager (or successor) Date Exhibit C, Page 1 of 1 Rev. 12/02/19 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION RESILIENT FLORIDA GRANT PROGRAM EXHIBIT C PAYMENT REQUEST SUMMARY FORM The current Exhibit C, Payment Request Summary Form for the Resilient Florida Program grant agreements can be found on the Department’s website at the link below. Each payment request must be submitted on the current form. The Department will notify grantees of any substantial changes to Exhibit C that occur during the grant agreement period. https://floridadep.gov/Resilient-Florida-Program/Grants Exhibit F, DEP Agreement # 22PLN91 Page 1 5/12/2022 EXHIBIT F DEP AGREEMENT NO. 22PLN91 VULNERABILITY ASSESSMENT WITH CITY STIMULATOR City of Clearwater Final Project Report Insert Month & Year This report is funded in part through a grant agreement from the Florida Department of Environmental Protection. The views, statements, findings, conclusions, and recommendations expressed herein are those of the author(s) and do not necessarily reflect the views of the State of Florida or any of its subagencies. Exhibit F, DEP Agreement # 22PLN91 Page 2 5/12/2022 Part I. Executive Summary Part II. Methodology Part III. Outcome Include evaluation of project’s ability to meet goals and expected performance measures and provide explanation for why goals were not met, if applicable. Identify successful outcomes, areas for improvement, and quantifiable metrics as a result of the project. Part IV. Further Recommendations Instructions for completing Attachment F Final Project Report Form: DEP AGREEMENT NO.: This is the number on your grant agreement. GRANTEE NAME: Enter the name of the grantee’s agency. PROJECT TITLE: Enter the title shown on the first page of the grant agreement. MONTH & YEAR: Enter month and year of publication The final Project Report must contain the following sections: Executive Summary, Methodology, Outcome, and Further Recommendations. The Final Project Report must comply with the publication requirements in the grant agreement. Please limit the final project report to no more than five (5) pages. One electronic copy shall be submitted to the Department’s Grant Manager for approval. Final payment will be held until receipt and approval of the Final Project Report. Questions regarding completion of the Final Project Report should be directed to the Department’s Grant Manager, identified in paragraph 18 of this agreement. Exhibit G, DEP Agreement #: 22PLN91 11/19/2021 Page 1 of 1 Florida Department of Environmental Protection EXHIBIT G PHOTOGRAPHER RELEASE FORM FOR PHOTOGRAPHS, VIDEOS, AUDIO RECORDINGS AND ARTWORKS DEP AGREEMENT NO: 22PLN91 RELEASE FORM FOR PHOTOGRAPHS, VIDEOS, AUDIO RECORDINGS AND ARTWORKS Owner/Submitter’s Name: Address: City: State: Zip: Phone Number: ( ) Email: License and Indemnification I certify that I am the owner of the photograph(s), video(s), audio recording(s) and/or artwork(s) being submitted and am eighteen (18) years of age or older. I hereby grant to the Florida Department of Environmental Protection the royalty-free and non-exclusive right to distribute, publish and use the photograph(s), video(s), audio recording(s) and art work(s) submitted herewith (the “Work”) to promote the Florida Department of Environmental Protection. Uses may include, but are not limited to: 1. Promotion of FDEP (including, but limited to publications, websites, social media venues, advertisements, etc.); and 2. Distribution to the media; and 3. Use in commercial products. The Florida Department of Environmental Protection reserves the right to use/not use any Work as deemed appropriate by the Florida Department of Environmental Protection. No Work will be returned once submitted. I hereby acknowledge that the Florida Department of Environmental Protection shall bear no responsibility whatsoever for protecting the Work against third-party infringement of my copyright interest or other intellectual property rights or other rights I may hold in such Work, and in no way shall be responsible for any losses I may suffer as a result of any such infringement; and I hereby represent and warrant that the Work does not infringe the rights of any other individual or entity. I hereby unconditionally release, hold harmless and indemnify the Florida Department of Environmental Protection, its employees, volunteers, and representatives of and from all claims, liabilities and losses arising out of or in connection with the Florida Department of Environmental Protection’s use of the Work. This release and indemnification shall be binding upon me, and my heirs, executors, administrators and assigns. I have read and understand the terms of this release. Owner signature: Date: Photo/video/audio/artwork/recording file name(s): Location of photo/video/audio recording/artwork: Name of person accepting Work submission STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION RESILIENT FLORIDA GRANT PROGRAM CONTRACTUAL SERVICES CERTIFICATION Exhibit H Required for all grant agreements that include Contractual Services as an expenditure category. DEP Agreement Number: ___________________________ Project Title: _____________________________________ Grantee: _________________________________________ Prior to making a request for payment of contractual services, the Grantee must provide the following to the Department Grant Manager then responsible for the Grantee’s Resilient Florida Grant Program grant agreement: 1. Documentation of the Grantee’s procurement process, as consistent with Attachment 1, Paragraph 9(c) and Attachment 2, Paragraph 11; 2. A list of all subcontractor quote and/or bid amounts (as applicable), including the company name and address for each subcontractor; 3. An explanation of how and why the Grantee made their determination(s) for the subcontractor(s) selected to perform certain task(s) under the Grantee’s relevant grant agreement; and 4. This Exhibit H, signed and dated by the Grantee’s own (non-Departmental) grant manager. By signing below, I certify that, on behalf of the Grantee, I have provided all the information required by items 1. through 3. of this exhibit, as stated above, to the Department Grant Manager currently responsible for the Grantee’s Resilient Florida Grant Program grant agreement. I also certify that the procurement process the Grantee utilized follows all of said Grantee’s non- Departmental policies and procedures for subcontractors. Grantee's Grant Manager Signature Print Name Date Exhibit I 1 of 4 Rev. 6/1/2022 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION RESILIENT FLORIDA GRANT PROGRAM VULNERABILITY ASSESSMENT COMPLIANCE CHECKLIST CERTIFICATION Exhibit I Required for all grant agreements. DEP Agreement Number: __________________________ Project Title: ____________________________________ Grantee: ________________________________________ By signing this Vulnerability Assessment Compliance Checklist Certification (hereinafter “Checklist Certification”) the Grantee certifies that, upon execution of the Agreement, it will have reviewed the statutory requirements for vulnerability assessments in subsection 380.093(3), F.S., and provided this signed Checklist Certification to the Department, which gives the Department of Environmental Protection (Department) partial assurance that any and all vulnerability assessments the Grantee may utilize for its individual project will adhere to the relevant statutory requirements in subsection 380.093(3), F.S., regardless of the party actually completing the work (e.g., subcontractors). To give the Department the remaining assurance it requires, the Grantee also certifies that it will deliver a fully completed and signed Vulnerability Assessment Compliance Checklist to the Department, in the form included in this exhibit, at a yet-to-be-determined time mutually agreed upon by both parties to this Agreement but prior to close out of the Grantee’s individual project. The completed Vulnerability Assessment Compliance Checklist and this Checklist Certification will be joined and attached to the Agreement together as a single “Exhibit I.” By signing below, I certify on behalf of the Grantee that the Grantee or its designee(s) will have reviewed the statutory requirements in subsection 380.093(3), F.S., prior to execution of the Agreement. I further certify on behalf of the Grantee that, prior to close out of the grant, either myself or the Grantee’s designated grant manager will provide to the Department a Vulnerability Assessment Compliance Checklist form that has been fully completed in the manner described in this Checklist Certification. Grantee's Grant Manager Signature Print Name Date Exhibit I 2 of 4 Rev. 6/1/2022 VULNERABILITY ASSESSMENT COMPLIANCE CHECKLIST In accordance with subsection 380.093(3), F.S., the following components, scenarios, data, and information are required for a comprehensive Vulnerability Assessment (VA). The checklist must be completed and submitted with the final VA Report deliverable, pursuant to Attachment 3, Grant Work Plan. The Grantee must abide by the Department’s GIS Data Standards found on the Resilient Florida Program webpage at the link below: https://floridadep.gov/rcp/resilient-florida-program/documents/resilient-florida-program-gis-data- standards Part 1 – Subparagraph 380.093(3)(c)2., F.S. Item ID Check if Included Item Description Page Reference in VA Report (if applicable) a ☐ Final Vulnerability Assessment Report that provides details on the results and conclusions, including illustrations via maps and tables. All electronic mapping data used to illustrate flooding and sea level rise impacts that are identified in the VA must be provided in the format consistent with the Department’s GIS Data Standards and include the following three (3) items: b ☐Geospatial data in an electronic file format. c ☐GIS metadata. d ☐ List of critical assets for each jurisdiction, including regionally significant assets, that are impacted by flooding and sea level rise. The list must be prioritized by area or immediate need and must identify which flood scenario(s) impacts each asset Part 2 – Subparagraphs 380.093(3)(d)1. and 380.093(3)(d)2., F.S. Item ID Check if Included Item Description Page Reference in VA Report (if applicable) e ☐Peril of Flood Compliance Plan amendments developed that address paragraph 163.3178(2)(f), F.S., if applicable. ☐Not applicable ☐ Already in compliance f ☐Depth of tidal flooding, including future high tide flooding, using thresholds published and provided by the Department. g ☐To the extent practicable, analysis geographically displays the number of tidal flood days expected for each scenario and planning horizon. (optional) h ☐Depth of current and future storm surge flooding using publicly available NOAA or FEMA storm surge data. (check one) ☐NOAA data ☐FEMA data i ☐Initial storm surge event equals or exceeds current 100-year flood event. j ☐Higher frequency storm analyzed for exposure of a critical asset. (optional, but must provide additional detail if included) Exhibit I 3 of 4 Rev. 6/1/2022 k ☐ To the extent practicable, rainfall-induced flooding was considered using spatiotemporal analysis or existing hydrologic and hydraulic modeling results. (required if item e is not applicable) l ☐Future boundary conditions have been modified to consider sea level rise and high tide conditions. (optional) m ☐Depth of rainfall-induced flooding for 100-year storm and 500-year storm event. (required if item e is not applicable) n ☐To the extent practicable, compound flooding or the combination of tidal, storm surge, and rainfall-induced flooding. (optional) Part 3 – Subparagraph 380.093(3)(d)3., F.S. Item ID Check if Included Item Description Page Reference in VA Report (if applicable) o ☐All analyses performed in North American Vertical Datum of 1988. p ☐Includes at least two local sea level rise scenarios, which must include the 2017 NOAA intermediate-low and intermediate- high sea level rise projections. q ☐Includes at least two planning horizons, which must include years 2040 and 2070. r ☐Utilizes local sea level data that has been interpolated between the two closest NOAA tide gauges. s ☐ Local, publicly available, sea level data was taken from one of the two closest NOAA tide gauges, which must be the gauge with the highest mean sea level (if so, provide Department approval). Identify the Florida municipalities that are included in this Vulnerability Assessment: Exhibit I 4 of 4 Rev. 6/1/2022 I certify that, to the Grantee’s knowledge, all information contained in this completed Vulnerability Assessment Compliance Checklist is true and accurate as of the date of the signature below. Grantee's Grant Manager Signature Print Name Date Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0603 Agenda Date: 7/21/2022 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: City Manager's Office Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Approve an Engineer of Record (EOR) Work Order to Atkins North America, Inc. of Tampa, FL for the development of a city-wide vulnerability assessment using Atkins’ City Simulator tool in the amount of $221,848 and authorize the appropriate officials to execute same. (consent) SUMMARY: According to the Tampa Bay Climate Science Advisory Panel's 2019 report, the Tampa Bay region has already experienced 7.8 inches of sea level rise since 1946. Based upon its thorough assessment of scientific data and literature, the report expects the region to see an additional 2 to 8.5 feet of sea level rise by the end of this century. Additionally, from a 2019 report by the Union of Concerned Scientists, Florida is expected to face a heat index of 105 degrees Fahrenheit or higher for a third of the year. Such an increase would create health hazards for Clearwater's low-income residents and other socially vulnerable communities as well as its outdoor workers. These factors in addition to a number of other climate hazards have caused the Tampa Bay region to be listed as one of the most at-risk areas in the world. In 2017, the city was one of three localities that participated in the Florida Department of Economic Opportunity's pilot phase of its Coastal Resiliency Initiative. The Initiative provided technical assistance to coastal communities in Florida that want to integrate effective adaptation and improved resiliency into their plans for development amid sea level rise. This enabled the City to amend its comprehensive plan and come into compliance with the Peril of Flood act. The proposed vulnerability assessment with Atkins City Simulator will go beyond the city's initial assessment to simulate present-day to mid-century transportation, economic, and land development activities integrated with climate-influenced future flooding, to estimate the true impact Clearwater will feel through metrics such as the number of commutes that will be disrupted and the dollar damage likely to be experienced from natural disasters. Under the guidance of a multi-disciplinary Technical Advisory Committee (TAC), the City will work with Atkins to create a digital twin of Clearwater to test vital community elements (including the natural, built, and social environments) against a number of projected climate impacts, with the greatest priority being given to analyzing the impacts of flood and heat. Flood influences are expected to be in the forms of higher tidal impacts associated with sea level rise, larger rain events, and potentially more intense and/or more frequent tropical cyclones. Heat Page 1 City of Clearwater Printed on 7/20/2022 File Number: ID#22-0603 influences are primarily expressed in the forms of higher temperatures and decreasing air quality. In some circles, heatwaves and extreme temperatures are being called “the next big inequality issue.” Impacts will be felt disproportionately by people who lack access to shelter, who are unable to afford air conditioning, the elderly, and people who work outdoors, among others. Projection data for these climate impacts will come from the most local level. After completing this analysis, the project will also examine the effect of purposed solutions and the degree to which they mitigate climate impacts. These solutions could include increased tree canopy, living shorelines, elevated structures, air-conditioned bus stops, emergency cooling hubs, and so on. The City Simulator tool will allow the city to examine multiple climate impacts and multiple mitigation strategies in real time. The project will result in a resilience report that will communicate project findings and can serve as the basis to inform capital project investments, assist with the planning of a future Climate Action Plan, and identify alternatives that support social justice and cost-beneficial objectives of the City. This project will be funded by the Office of Resilience and Coastal Protection’s Resilient Florida Fiscal Year 21-22 Planning Grant for $197,848 with a required local match of $24,000. APPROPRIATION CODE AND AMOUNT: Funds are available in capital improvement project C2106, Greenprint Implementation, to fund this contract. Page 2 City of Clearwater Printed on 7/20/2022 WORK ORDER INITIATION FORM 1 of 13 Revised: 2/11/2016 WORK ORDER FORM for the CITY OF CLEARWATER Date: 05/31/2022 Project Number __________ City Project Number: __________ 1. PROJECT TITLE: Sustainability and Resilience Model with Report 2. SCOPE OF SERVICES: Overview: The scope of services is to work with city staff to determine most important community elements to be stress-tested and then to analyze those elements in order to support long-term sustainability and resilience planning. The project will be a combination of community partnership/collaborative processes that are inputs to City Simulator, Atkins’ flagship resilience modeling tool. City Simulator is an Esri ArcMap Extension that includes high detail representations of the city, right down to buildings and individual people. Its power is that it allows you to roll up that detail into a city-wide assessment of metrics like vulnerability, resilience, productivity, and social well-being. In order to develop the model, Atkins will work with the City to create a digital twin. A digital twin is a realistic, digital representation of assets, processes or systems in the built or natural environment. The complexity of that representation, and degree of connectedness, varies depending on maturity. Following the creation of the digital twin, Atkins and the City’s Technical Advisory Committee (defined fully in Task 2) will determine scenarios that align with future sustainability and climate resilience goals. These scenarios will then be modeled to develop baseline and scenario-specific metrics that are presented in a Community Resilience Report that quantifies impacts to the natural, built, and human environments. The resulting digital twin, models, and plan will support a planning process that goes beyond the life of this project to support the City’s capital investment planning process and provides a mechanism to monitor progress towards a more sustainable Clearwater. The graphic below provides the major tasks and expected timeline over the life of the project. WORK ORDER INITIATION FORM 2 of 13 Revised: 2/11/2016 Task 1 - Project Management/Meetings/Quality Control Atkins will assign a Project Manager to manage the technical tasks, communicate, and coordinate with the City staff and others. Atkins’ Project Manager will be responsible for overall client satisfaction in all aspects of this Work Order including the schedule, deliverables, and quality control. This task includes any meetings with City’s PM to review progress, deliverables, or preparations for stakeholder meetings. Task 2 – Build Digital Twin Subtask 2.1: Establish Project Goals, Objectives, Actions, and Metrics for Resilience Activities within the City The first required activity is to verify the project’s goals in coordination with the City’s Project Manager and the Sustainability and Resilience Committee (SRC). It is expected that the City will have a multi-disciplinary team (“Technical Advisory Committee or TAC”) that steers the project and provides input to the planning process throughout the project’s lifecycle. The TAC will be comprised of SRC members as well as any other city staff assigned to it. To help provide larger context to the project and help identify focus areas, Atkins will perform a literature review, meet with city department stakeholders, and communicate findings to the TAC. • Research and gather information on resilience issues through the literature (Clearwater Planning, Engineering, and Emergency Management documents, WORK ORDER INITIATION FORM 3 of 13 Revised: 2/11/2016 Pinellas Countywide LMS, TBRPC and CSAP documents, FDOT, NFIP, SWFWMD, NCDC, CMIP-5 forecasts, Atkins StormCaster rain and temp forecasts) • Conduct interviews with city department stakeholders for asset-specific vulnerability knowledge • Create set of performance metrics • Document in a memo and story map. An Esri StoryMap is a web-based GIS tool designed to help visually communicate a narrative. The tool would be internal to the project team to start. As the project develops, the StoryMap will be updated to help visually communicate the project’s findings. This activity will be done upfront, while a more substantial update to the StoryMap will be performed as part of Task 4 after all of the scenarios have been run and TAC has better coalesced the overall project findings to be shared with elected officials and/or community. Subtask 2.2: Populate Digital Twin Geodatabases To facilitate the assessment of the City (and future City), a digital twin will be created. The digital twin is the modeled representation of the current city that can then be tested through user- defined scenarios to evaluate alternatives. The digital twin generally has three categories of the community that need to be captured: • System Users – These are the virtual people – or “agents” – that move about the City throughout the simulation. The simulation measures how these agents are disrupted in carrying out their daily activities by disasters like flood, heat wave, etc. The representative types include resident agents, non-resident agents, and tourists. • System Infrastructure – The key infrastructure elements of the city which include elements such as parcels, building stock, roads, stormwater, power, water supply, wastewater, telecom, soils, ocean/land, floodplains, and transit. • System Control – These are administrative policies and boundaries that govern actions of agents and future development. They include items such as political boundaries, zoning, building codes, and regulations/policies. To build the digital twin, Atkins will work with the City’s GIS and asset management staff to capture the relevant data. Through the TAC, a data call will be provided to city stakeholders to coordinate and collect data. If necessary, data usage agreements will be issued and adhered to by participants. Once collected, Atkins will populate the appropriate geodatabases to store the digital twin information. While Atkins has worked with many datasets from the City, the digital twin modeling process may involve integrating datasets that need further formatting or cleaning in order to be correctly implemented in the tool. WORK ORDER INITIATION FORM 4 of 13 Revised: 2/11/2016 Subtask 2.3: Develop Climate Change Influenced Weather and Tide Forecasts To simulate climate change, a series of daily time-step “driver forecasts” of variables like rain, temperature, and sea level specific to Clearwater must be developed. Atkins’ scientists will work with the available climate projections to develop these forecasts. Using the StormCaster module within City Simulator, regional data will be downscaled for use at the local level. The Atkins team will conduct needed coordination with local programs (such as the Climate Science Advisory Panel) to validate the best information accessible. Data obtained will be supportive of the TAC’s goals developed in Task 2. The specific driver forecasts to be developed include: • Future Rain (all storm types; convective, tropical cyclone, frontal) • Future Temperature • Future Sea Level For Clearwater, the flood models we will incorporate into the simulation are: • Atkins StormCaster Daily Rain Forecast – City Simulator contains a rainfall forecasting module called StormCaster. This module will produce a daily rainfall forecast for Clearwater. The forecast blends local historic rainfall patterns with an ensemble of general circulation model (GCM) projections following both the RCP 4.5 (medium global control of greenhouse gas) and RCP 8.5 (low global control of greenhouse gas) scenarios from the UN IPCC. Using this approach, multiple possible futures (typically 1000 different projections) will be simulated, ranging from futures with few large storms to WORK ORDER INITIATION FORM 5 of 13 Revised: 2/11/2016 many powerful hurricanes. The value of this approach is that Clearwater will be able to evaluate the best- and worst-cases and make key decisions (such as facility placement and design) based on the much richer information. • NOAA SLOSH models for simulating storm surge impacts – NOAA has conducted a nation-wide study of potential land-falling hurricane impacts using the USACE ADCIRC model. The model results are surge depth maps caused by storms making landfall with varying angle and speed of approach and category of storm. We will utilize the Clearwater-specific model within this dataset in our simulation to “insert” hurricanes throughout the 2020-2050 timeline. The frequency and severity of the hurricanes will be governed by the Stormcaster-based forecast, where large forecasted rain events during hurricane season will often be interpreted as hurricanes. When this occurs, a hurricane will be selected from the library of hurricanes that would likely deliver the total rainfall projected to occur. • ICPR Hydraulic models of each watershed in Clearwater –We will leverage the City’s array of high-detailed ICPR hydraulic models to simulate riverine flooding in Clearwater into the future. The models provide high spatial-detail flood depth rasters for the 100- year storm. The City’s existing models will need to have the flood depth rasters for additional modeled frequencies, such as the 2.33, 5, 10, 25, 50, and 500-year storms. As Atkins has either created or otherwise modeled components of the existing watersheds, this complicated activity will be performed more expediently than possible by others and should require less corrections due to our intimate knowledge. We’ll use these resulting depth rasters to produce a rain-to-flood response curve at each building, road, and key infrastructure (as determined by the TAC in Task 2.1) within the city. In future simulations, we’ll use the curves to estimate the level of flooding (and required recovery/repair time) in each structure when future storms occur. • Atkins Pluvial Flood Database – We will use Atkins pre-developed TELEMAC 2D pluvial rainfall model for Clearwater to create pluvial rain-to-flood curves at each building in addition to the ICPR models. This will provide greater insight on flood risk at each building, as the model captures risk of rain-driven flooding that may not be captured in the ICPR models alone. • Sunny Day Flooding – City Simulator will use NOAA tide gauge and projection information plus the regionally agreed SLR forecast to produce a daily (max, min) tide forecast for Clearwater. This forecast will be used to simulate tidally influenced flooding at each structure in the City, allowing us to estimate duration of flooding, level of flooding, flood damage estimates, and indirect impacts to productivity and commerce. This package of flood models will allow City Simulator to get a clear picture of flood risk and required first floor elevation for both existing and proposed facilities. Note that flood risk is just one of the criteria. City Simulator will also evaluate the full set of criteria specified by the TAC in Task 2.1 above and present the total projected performance of proposed facilities. WORK ORDER INITIATION FORM 6 of 13 Revised: 2/11/2016 Similar to flood concerns, Atkins will model the influence of excessive heat expected to impact the City. The future temperature forecast will include ensembles of maximum, minimum, and average temperature downscaled from the UNIPCC RCP 4.5 and RCP 8.5 GHG control scenarios. Like the rain-to-flood response approach used for flooding, the simulation will use a temperature-to-energy consumption and temperature-to-heat exposure response approach. The key data sets and modeling approaches are described below: LOCA Downscaled Temperature Projections: Similar to StormCaster, the Localized Constructed Analogs (LOCA) algorithm developed at the Scripps Institution of Oceanography in La Jolla, CA statistically downscales GCM projections (from the CMIP5 dataset) of temperature to a 1/16th of a degree resolution and daily time step. The resulting projections are served by USGS and City Simulator taps into this server, using the projections directly within its simulation process. The projections include minimum, maximum, and mean temperature. The LOCA dataset is used frequently in climate impact analyses across the country and its temperature forecasts are considered a reliable depiction of future climate. We will extract a Clearwater-specific temperature forecasts from the LOCA dataset and use this as the driving temperature forecast in all simulations. Temperature-to-Energy Consumption: The daily temperature forecast will be used to forecast cooling load power demands from buildings across the city. City Simulator implements the modified bin method to estimate loads, a common approach used in building energy analysis (BEA). The methods take into account energy flows from solar gain through glass and walls, conduction through walls, light, equipment, people, and infiltration. The building stock dataset that Atkins will produce from Clearwater GIS data, the Clearwater/Pinellas county tax assessor database, and regional building statistic databases will have sufficient information to provide inputs to this model on a building-specific basis. The resulting model will take min and max temperature as input and provide a daily estimate of total cooling loads, which will be translated to power consumption and carbon footprint. With this model in place during each simulation, the costs and benefits of mitigation measures like installing higher efficiency cooling units can be assessed. Temperature-to-Heat Exposure: The travel model within City Simulator simulates people moving around the city using multiple modes (walking, transit, automobile). In the case of walking and transit, Clearwater residents are exposed to extreme summer heat during parts of their journey – eg. walking to bus stops, waiting at bus stops. Other heat exposure events occur for outside workers during their workday (eg. Clearwater Utilities’ staff members, and servers at restaurants using outdoor dining to manage COVID-19 exposure). The simulation will keep track of these heat exposure events using the temperature forecasts to quantify the number of hours exposed and the intensity of the heat exposure across all agents in the model. Mitigating factors like tree canopy, shaded or air-conditioned bus stops, and shaded parking will be tracked as well, to allow for estimating ROI of installing such measures. WORK ORDER INITIATION FORM 7 of 13 Revised: 2/11/2016 Subtask 2.4: Calibrate Results and Review with City The City Simulator tool is designed to be iterative and foster collaborative approaches by the modelers and community’s planners. Throughout the digital twin creation process, the tool will provide outputs to summarize database results and management. These outputs help to facilitate the back and forth process necessary to make sure that the modeled version of the City best represents the true nature of the system users, system infrastructure, and system controls identified earlier in the project. It is anticipated that this is likely to involve four (4) meetings to verify and correct these models. These meetings may be face-to-face or virtual depending on the circumstances and interaction needed by modeled results. Task 3 – Scenario Creation and Results The model will be populated with information from the digital twin process (Task 2.2 above) and the driver forecasts (Task 2.3 above) to establish the baseline future scenario. This results in datasets and metrics that can be thought of as the “business as usual” approach (with a presumption of changes to future land use and population based on criteria established at the beginning of the project). These sets of performance metrics for this baseline scenario will be the basis for comparison to alternative scenarios, providing a way to quantify how valuable a proposed scenario is. Subtask 3.1: Develop and Run Initial Scenarios Initial conversations with the City indicated that the first impacts to assess are those associated with flood and heat. Flood influences are expected to be in the forms of higher tidal impacts associated with sea level rise, larger rain events, and potentially more intense and/or more frequent tropical cyclones. Heat influences are primarily expressed in the forms of higher temperatures and decreasing air quality. In some circles, heatwaves and extreme temperatures are being called “the next big inequality issue.” Impacts will be felt disproportionately by people who lack access to shelter, who are unable to afford air conditioning, the elderly, and people who work outdoors, among others. To evaluate these climate hazards, Atkins will run up to 15 city-determined scenarios to get an initial understanding of future climate vulnerabilities and implications to the City and its resources. A scenario is any combination of actions that can be measured within the tool. For instance, a scenario could be to elevate all structures within the 100-yr flood hazard area. While it may be easier to understand the influence of one action over another if a scenario just contains one type of action, it is our recommendation that the city develop scenarios where a combination of actions is evaluated. The Atkins team will help the City through this process to understand what results they are trying to understand and then develop the model scenario accordingly. Once each scenario has been identified by the TAC, Atkins modelers will work with City Simulator to set up the scenario and simulate the scenario. During the scenario modeling, outputs will be provided that help to review preliminary results and understand if further refinements are needed. WORK ORDER INITIATION FORM 8 of 13 Revised: 2/11/2016 Once the alternative scenarios have been run, the performance metrics captured will be compared to the baseline scenario metrics. These comparisons will be documented in the form requested by the TAC (PowerPoint presentation or short whitepaper/memo) to then be discussed during a meeting with the team. At the meeting, the TAC will identify which results are most important to the community and should serve as the basis for any future resilience action plan. Subtask 3.2: Run the Final 5 Scenarios and Communicate Results Following the assessment of the 15 scenarios and accompanying results, Atkins will work with the TAC to identify 5 new scenarios that focus on those key vulnerabilities (and/or opportunities) revealed by the initial runs. These new scenarios will provide a different combination of actions to more holistically and comprehensively evaluate potential resilience strategies to implement. Like the previous subtask, once the alternative scenarios have been run, the performance metrics captured will be compared to the baseline scenario metrics. These comparisons will be documented in the form requested by TAC (PowerPoint presentation or short whitepaper/memo) to then be discussed during a meeting with the TAC. Now that a solid foundation of scenarios and metrics have been assessed, the TAC should consider how they may want to confer the findings and potentially bring in additional stakeholders to the ongoing sustainability and resilience process. Task 4 – Create a Final Report and Communicate Key Findings In order to memorialize the modeling and TAC’s efforts, a Community Resilience Report will be developed to summarize the entire project. Subtask 4.1: Develop a Community Resilience Report with Recommendations Based on Findings and TAC Input Atkins will draft a Community Resilience Report to capture the planning process, digital twin creation, scenarios evaluated, and results. The TAC’s input will guide the development of any recommendations that have evolved from the modeling and planning processes. The Community Resilience Report will provide an overview of the whole process to include: • Document the City’s current makeup as captured within the digital twin and baseline processes o What was intent/goal of the study? o What were the community assets captured? o What hazards and forecasts were identified to stress test the City? o What were the alternatives specifically modeled? • Capture and communicate the results o Narratives, charts, and images used to communicate the results of the modeling efforts o Succinct recap of the key findings • Direction of the TAC WORK ORDER INITIATION FORM 9 of 13 Revised: 2/11/2016 o The results of the comparisons will illustrate the trade-offs between various alternatives and the document should identify which ones were most meaningful to the TAC o A table of priorities will be created to capture the TAC’s direction for next steps and how the community will continue to monitor progress and implement actions that reduce exposure to climate impacts in alignment with the City’s goals. Subtask 4.1: Provide Results to Stakeholders The final step in the project will be the creation of an aesthetically pleasing set of materials to communicate to stakeholders (existing and potential future stakeholders, including elected officials). Atkins will work with the City’s TAC on any required branding, logos, templates to be utilized in final materials. Project fact sheets and a PowerPoint presentation will be created to allow the City’s team to move the project’s ideas forward following its conclusion. Additionally, the Esri StoryMap created in Task 1 will be updated on coordination with the City’s TAC to help illustrate potential strategies, costs, and benefits associated with future resilience and sustainability actions. 3. PROJECT GOALS: To help the City establish a citywide approach to sustainability and resilience. The project will coordinate a multi-disciplinary TAC that drives analysis and policy approaches that are modeled using Atkins’s GIS-based City Simulator tool in collaboration with the TAC. Initial conversations with the City indicated that the first impacts to assess are those associated with flood and heat. Flood influences are expected to be in the forms of higher tidal impacts associated with sea level rise, larger rain events, and potentially more intense and/or more frequent tropical cyclones. Heat influences are primarily expressed in the forms of higher temperatures and decreasing air quality. In some circles, heatwaves and extreme temperatures are being called “the next big inequality issue.” Impacts will be felt disproportionately by people who lack access to shelter, who are unable to afford air conditioning, the elderly, and people who work outdoors, among others. These concerns will be modeled in collaboration with inputs from the City’s TAC in the form of scenarios containing protective actions and then quantified with metrics requested by the City. The resulting resilience report will communicate project findings and can serve as the basis to support grant funding, inform capital project investments, and identify alternatives that support social justice and cost-beneficial objectives of the City. 4. BUDGET: This price includes all labor and expenses anticipated to be incurred by Atkins for the completion of these tasks in accordance with Professional Services Method “B” – Lump Sum – Percentage of Completion by Task, for a fee not to exceed Two Hundred and Twenty One Thousand Eight Hundred Forty-Eight Dollars ($). 5. SCHEDULE: The scope of work will be delivered to the City within 365 days of notice to proceed. WORK ORDER INITIATION FORM 10 of 13 Revised: 2/11/2016 6. STAFF ASSIGNMENT (Consultant): Atkins Team’s Key Staff: Chris Zambito, CFM Project Manager Daniel Parsons, PE, CFM, ENV SP Sr. Project Manager Stephen Bourne, PE Sr. Scientist Jack Hampson, CFM Sr. Scientist/Quality Manager Jon Gale Sr. Designer/GIS Lead Renee Price Engineer 1-3/Environmental Lead Bo Brantley Engineering Intern/Stormwater Support 7. CORRESPONDENCE/REPORTING PROCEDURES: ENGINEER’s project correspondence shall be directed to: Chris Zambito, CFM, (813) 281-3637, chris.zambito@atkinsglobal.com All City project correspondence shall be directed to: Sheridan Gemuendt, MA, ENV SP (727) 562-4003, sheridan.gemuendt@myclearwater.com with copies to others as may be appropriate. 8. INVOICING/FUNDING PROCEDURES: For work performed, invoices shall be submitted monthly to the: City of Clearwater, City Manager’s Office Attn: Sheridan Gemuendt, Sustainability Coordinator 600 Cleveland Street, Suite 600 Clearwater, Florida 33755. Contingency services will be billed as incurred only after written authorization provided by the City to proceed with those services. City Invoicing Code: _______________________________________ 9. INVOICING PROCEDURES At a minimum, in addition to the invoice amount(s) the following information shall be provided on all invoices submitted on the Work Order: A. Purchase Order Number and Contract Amount. B. The time period (begin and end date) covered by the invoice. C. A short narrative summary of activities completed in the time period. D. Contract billing method – Lump Sum or Cost Times Multiplier. E. If Lump Sum, the percent completion, amount due, previous amount earned and total earned to date for all tasks (direct costs, if any, shall be included in lump sum amount). F. If Cost Times Multiplier, hours, hourly rates, names of individuals being billed, amount due, previous amount earned, total earned to date for each task and other direct costs (receipts will be required for any single item with a cost of $50 or greater or cumulative monthly expenses greater than $100). G. If the Work Order is funded by multiple funding codes, an itemization of tasks and invoice amounts by funding code. WORK ORDER INITIATION FORM 11 of 13 Revised: 2/11/2016 10. SPECIAL CONSIDERATIONS: The consultant named above is required to comply with Section 119.0701, Florida Statutes (2013) where applicable. PREPARED BY: APPROVED BY: ________________________ ________________________ Daniel Parsons, PE, CFM, ENV SP Sheridan Gemuendt Senior Project Manager Sustainability Coordinator Atkins North America City of Clearwater ___________________ ___________________ Date Date Attachment “A” WORK ORDER INITIATION FORM 12 of 13 Revised: 2/11/2016 CITY OF CLEARWATER SUPPLEMENTAL WORK ORDER CITY DELIVERABLES 1. FORMAT The design plans shall be compiled utilizing the following methods: 1. City of Clearwater CAD standards. 2. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. 2. DELIVERABLES The design plans shall be produced on bond material, 24" x 36" at a scale of 1" = 20’ unless approved otherwise. Upon completion the consultant shall deliver all drawing files in digital format with all project data in Autodesk Civil 3D file format. If not available Land Desktop files are still acceptable, however the City or Clearwater is currently phasing out Land Desktop. NOTE: If approved deviation from Clearwater CAD standards are used the Consultant shall include all necessary information to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard release of Autodesk, Inc. software. All block references and references contained within the drawing file shall be included. Please address any questions regarding format to Mr. Tom Mahony, at (727) 562 4762 or email address Tom.Mahony@myClearwater.com. All electronic files (CAD and Specification files) must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. Attachment “B” WORK ORDER INITIATION FORM 13 of 13 Revised: 2/11/2016 Sustainability and Resilience Model with Report WORK ORDER PROJECT BUDGET Task Description Subconsultant Services Labor Total 1 Project Management/Meetings/Quality Control N/A $19,800 $19,800 2 Build Digital Twin N/A $90,520 $94,920 3 Scenario Creation and Results N/A $49,460 $49,460 4 Create Report and Communicate Findings N/A $37,500 $37,500 Labor Subtotal $201,680 Contingency (10%) $20,168 Grand Total $221,848 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0669 Agenda Date: 7/21/2022 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 7.3 SUBJECT/RECOMMENDATION: Accept a Gas Utility Easement from Brooker Creek V LLC. (consent) SUMMARY: Brooker Creek V LLC (Grantor) has granted a non-exclusive five-foot wide natural gas easement, on property located at 500 Brooker Boulevard, Oldsmar, FL 34677 (Parcel ID#, 13-28-16-00000-310-0300) for the installation of a natural gas distribution line. This line will serve commercial business APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 7/20/2022 [GM15-2064-066/258069/1] GM15-2064-066/257077/1 Return to: Clearwater Gas System 777 Maple St. Clearwater, FL 33755 Parcel I. D. No. 13-28-16-00000-310-0300 FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) in hand paid, the receipt of which is hereby acknowledged, and the benefits to be derived therefrom, BROOKER CREEK V LLC, a Florida Limited Liability company whose principal address is 5550 W EXECUTIVE DR STE 550, TAMPA, FL 33609-1009 (“Grantor”) does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation, whose mailing address is P.O. Box 4748 Clearwater, FL 33758-4748 (“Grantee”), a non-exclusive, gas utility easement over, under and across the following described land lying and being situated in the County of Pinellas, State of Florida, to wit: The property located at 500 Brooker Blvd, Oldsmar FL 34677 As more particularly described and depicted in EXHIBIT “A” appended hereto and by this reference made a part hereof This easement is for natural gas distribution pipes and appurtenant facilities only. Clearwater Gas System, a component of the CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above-described premises to construct, reconstruct, install, and maintain therein the herein referenced natural gas transmission pipes, together with appurtenances thereto (collectively, “Facilities”), and to inspect and alter such Facilities from time to time. Grantee shall be solely responsible for obtaining all governmental and regulatory permits required to exercise the rights granted herein. Grantor and Grantee, for themselves, their heirs, successors, and assigns, agree as follows: 1. Grantor hereby grants to Grantee, its successors and assigns a non-exclusive five (5) feet easement (herein referred to as the “Easement Area”), in perpetuity on, over, under, across and through the Servient Property described in Exhibit “A”, attached hereto, for the purpose of constructing, operating, inspecting and maintaining, underground conduit, pipes, facilities appurtenant equipment for the provision of natural gas as the same may be installed from time to time; with the right to reconstruct, improve, add to, enlarge, change the size of and remove such facilities or any of them within the Easement Area. In the event the Easement Area crosses any roadway, sidewalk or other impervious area, Grantor will require Grantee to perform installations and repairs without removing said surface improvement. This may require a directional bore or other contractor suggested and owner approved method. 2. The legal description on the accompanying Exhibit “A” attached hereto and incorporated herein by this reference, will be replaced with a Descriptive Easement, two and a half (2.5) feet on either side of all facilities installed/as-built by GRANTEE, as will be shown on a certified surveyed sketch and legal description to be provided by GRANTEE within sixty (60) days after the installation of facilities by GRANTEE. The easement will then be recorded in the public record with the Descriptive Easement attached as Exhibit “A”. 3. Grantee by acceptance hereof, agrees to construct, repair, and maintain, at its sole cost and expense, the Facilities which shall comply with all applicable rules and regulations. In the event Grantee shall perform any construction, repairs, alteration, replacement, relocation or removal of any Facilities, Grantee shall thereafter restore any improvements, including landscaping and related GAS UTILITY EASEMENT Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0670 Agenda Date: 7/21/2022 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 7.4 SUBJECT/RECOMMENDATION: Accept a Gas Utility Easement from MHC Country Place LLC. (consent) SUMMARY: MHC Country Place LLC (Grantor) has granted a non-exclusive five-foot wide natural gas easement, on property located at 2601 Country Place Boulevard, New Port Ritchey, FL 34655 (Parcel ID#, 30-26-17-0000-00500-0000) for the installation of a natural gas distribution line. This line will serve commercial business. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 7/20/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0618 Agenda Date: 7/21/2022 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.5 SUBJECT/RECOMMENDATION: Approve the conveyance of a Distribution Easement to Duke Energy Florida, LLC, d/b/a Duke Energy, for the installation, operation, and maintenance of electric facilities to support Duke’s relocation and installation of power poles, lighting, and new service connections at 401 N McMullen Booth Road and authorize the appropriate officials to execute same. (consent) SUMMARY: Parks & Recreation is in the process of a new multi-million-dollar renovation project at the City’s Del Oro Park. Duke facilities will be constructed to serve the new tennis courts and restroom building. The distribution easement will provide Duke Energy with the property rights necessary to construct and maintain its electric equipment within the easement. The facilities will be located within areas agreed to by the City and Duke Energy. Subsequent to Duke Energy installing its electrical facilities, the City will survey the installed electrical facilities and provide Duke Energy a descriptive legal description as a finalized Exhibit “A” to the distribution easement. Once finalized, the distribution easement will be recorded in public records. Page 1 City of Clearwater Printed on 7/20/2022 Prepared By: Manny R. Vilaret, Esquire Return To: Duke Energy Vilaret Law, PLLC Attn: Land Services 10901 Danka Circle, Suite C 2166 Palmetto Street (CW ENG) St. Petersburg, Florida 33716 Clearwater, FL 33765 SEC: 09 TWP: 29S RGE: 16E COUNTY: PINELLAS PROJECT: 44844948 Del Oro Park GRANTOR: CITY OF CLEARWATER ADDRESS: PO BOX 4748, Clearwater, FL. 33758-4748 SITE ADDRESS: 401 N MCMULLEN BOOTH RD., CLEARWATER A Portion of TAX PARCEL NUMBER: 09-29-16-00000-340-0100 DISTRIBUTION EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the undersigned, their heirs, successors, lessees and assigns (“GRANTOR”), in consideration of the mutual benefits, covenants and conditions herein contained, does hereby grant and convey to DUKE ENERGY FLORIDA, LLC, d/b/a DUKE ENERGY, a Florida Limited Liability Company, Post Office Box 14042, St. Petersburg, Florida 33733, and to its successors and assigns, (“GRANTEE”), an easement to install, operate and maintain in perpetuity, such facilities as may be necessary or desirable for providing electric energy and, said facilities being located in the following described “Easement Area” within GRANTOR’S premises in Pinellas County, to wit: A 10.00 foot wide Easement Area lying 5.00 feet on each side of GRANTEE's facilities, as built and installed at a mutually agreeable location over, under, upon, across, through and within the following described property to accommodate present and future development: See legal description on the accompanying Exhibit “A” attached hereto and incorporated herein by this reference. This easement will be replaced with a Descriptive Easement, 5.00 feet on either side of all facilities installed by GRANTEE, as will be shown on a certified surveyed sketch and legal description to be provided by GRANTOR within ninety (90) days after notification from GRANTEE that the installation of facilities has been completed by GRANTEE. If the certified sketch and legal description are not provided by GRANTOR within ninety (90) days after completion of installation, GRANTEE will record this easement. The rights herein granted to GRANTEE by GRANTOR specifically include: (a) the right for GRANTEE to patrol, inspect, alter, improve, repair, rebuild, relocate, and remove said facilities; further GRANTEE hereby agrees to restore the Easement Area to as near as practicable the condition which existed prior to such construction, repairs, alteration, replacement, relocation or removal as a result of GRANTEE’s safe and efficient installation, operation or maintenance of said facilities; (b) the reasonable right for GRANTEE to increase or decrease the voltage and to change the quantity and type of facilities; (c) the reasonable right for GRANTEE to clear the Easement Area of trees, limbs, undergrowth and other physical objects which, in the opinion of GRANTEE, endanger or interfere with the safe and efficient installation, operation or maintenance of said facilities; (d) the reasonable right for GRANTEE to request that GRANTOR trim or remove any trees or vegetation adjacent to, but outside the Easement Area which, in the reasonable opinion of GRANTEE, endangers or interferes with the safe and efficient installation, operation or maintenance of said facilities; (e) the reasonable right for GRANTEE to enter upon land of the GRANTOR adjacent to said Easement Area for the purpose of exercising the rights herein granted; and (f) all other rights and privileges reasonably necessary or convenient for GRANTEE’s safe and efficient installation, operation and maintenance of said facilities and for the enjoyment and use of said easement for the purposes described above. The rights and easement herein granted are for the provision of electric energy and service and GRANTOR reserves the right to grant rights to others affecting said easement area provided that such rights do not create an unsafe condition or unreasonably conflict with the rights granted to GRANTEE herein. GRANTOR hereby covenants and agrees that no buildings, structures or obstacles (except fences) shall be located, constructed, excavated or created within the Easement Area. If the fences are installed, they shall be placed so as to allow ready access to GRANTEE’s facilities and provide a working space of not less than ten (10) feet on the opening side, six (6) feet on the back for working space and three (3) feet on all other sides of any pad mounted transformer. If GRANTOR’s future orderly development of the premises is in physical conflict with GRANTEE’s facilities, GRANTEE shall, within 60 days after receipt of written request from GRANTOR, relocate said facilities to another mutually agreed upon Easement Area in GRANTOR’s premises, provided that (a) GRANTOR shall reimburse GRANTEE the full actual cost of the relocation, and (b) GRANTOR shall execute and deliver to GRANTEE, at no cost, an acceptable and recordable easement to cover the relocated facilities. Upon the completion of the relocation, the easement herein shall be considered cancelled as to the portion vacated by such relocation. If this easement is being granted to provide electric service to GRANTOR, then this legal description was provided by GRANTOR. In the event facilities are located outside of this legal description, GRANTOR shall pay for any relocation costs necessary or shall amend this legal description to cover the actual facilities. Should this easement be granted to provide electric service to a third party, GRANTEE shall provide the legal description and GRANTOR shall not have any liability related to errors in the legal description. GRANTOR covenants not to interfere with GRANTEE’s facilities within the Easement Area in GRANTOR’s premises, and GRANTOR further covenants to indemnify to the extent of Florida Statute 768.28 and hold GRANTEE harmless from damages and injuries, whether to persons or property, arising directly from the negligent act related to GRANTEE’s facilities by GRANTOR or by GRANTOR’ s agents or employees. Nothing contained herein, however, shall be construed to waive or modify the provisions of Florida Statute 768.28 or the doctrine of sovereign immunity as to any party hereto. In addition, nothing contained herein shall be construed as consent by the GRANTOR to be sued by third parties in any manner arising from this grant of easement, or as a waiver of sovereign immunity. GRANTEE agrees to indemnify and hold GRANTOR harmless for, from and against any and all losses, claims or damages incurred by GRANTOR arising directly from GRANTEE’s negligence or failure to exercise reasonable care in the construction, reconstruction, operation, use or maintenance of GRANTEE's facilities located on the above described easement. GRANTOR hereby warrants and covenants (a) that GRANTOR is the owner of the fee simple title to the premises in which the above described Easement Area is located, (b) that GRANTOR has full right and lawful authority to grant and convey this easement to GRANTEE, and (c) that GRANTEE shall have quiet and peaceful possession, use and enjoyment of this easement. All covenants, terms, provisions and conditions herein contained shall inure and extend to and be obligatory upon the heirs, successors, lessees and assigns of the respective parties hereto. IN WITNESS WHEREOF, the said GRANTOR has caused this easement to be signed in its corporate name by its proper officers thereunto duly authorized and its official corporate seal to be hereunto affixed and attested this _____ day of ___________________________, 2022. GRANTOR: Countersigned: _________________________________ By: _______________________________ Frank Hibbard, Mayor Jon Jennings, City Manager Approved as to form: Attest: ____________________________ ____________________________ Laura Mahony Rosemarie Call, City Clerk Assistant City Attorney STATE OF __________________________________ COUNTY OF ________________________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, this ______ day _____________, 2022, by Frank Hibbard and Jon Jennings, the Mayor and City Manager, respectively, of the City of Clearwater, Florida, on behalf of the City who is personally known to me or who has produced ___________________________________________ as identification. [Notary Seal] _______________________________________ Notary Public _______________________________________ Name typed, printed or stamped My Commission Expires: __________________ Exhibit “A” Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0650 Agenda Date: 7/21/2022 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.6 SUBJECT/RECOMMENDATION: Approve a purchase order to Workscapes, LLC for the purchase and installation of office furniture at the Clearwater Police Department District Three Operations and Training Center (18-0004-PD) in the amount of $211,663.05, pursuant to Clearwater Code of Ordinances Section 2.563 (1)(c), Piggyback, and Section 2.563 (1)(d), Non-competitive purchases, and authorize the appropriate officials to execute same. (consent) SUMMARY: April 15, 2022, City Council approved the construction of the Clearwater Police Department District Three Operations and Training Center (18-0004-PD) in amount of $11,315,716 which included the preconstruction phase, to Ajax Building Company, LLC. The new operations and training center is in its final stage of completion. Clearwater Police Department (CPD) is requesting authorization for the purchase and installation of the office furniture at Clearwater Police Department District Three Operations and Training Center, piggybacking off the State of Florida contract 56120000-19-ACS, Furniture to multiple contractors in the amount of $189,370.29. Workscapes LLC is an authorized reseller for all contractors listed below: ·Exemplis, LLC: $64.38 ·Herman Miller, Inc.: $84,594.12 ·Integra, Inc: $3,641.60 ·The HON Company, LLC: $101,070.19 In addition, authorization is requested to procure $22,292.76 with Workscapes as impractical which includes a floor mounted conference table ($489.07), freight ($270.83), and installation of all furniture in this proposal ($21,532.86). Workscapes has an internal operations team certified and licensed to install the furniture. Using Workscapes to inspect the deliveries and install the furniture, minimizes risk of receiving damaged products or incomplete and lost orders, and potential invalidation of the warranty. Workscapes will provide a full warranty and will handle any issues with damaged items and missing pieces during the installation process. APPROPRIATION CODE AND AMOUNT: PD00180001-CONS-CNSTRC $211,663.05 Funds are available in capital improvement project PD00180001, Police District 3 Sub Station, to fund the purchase order. Page 1 City of Clearwater Printed on 7/20/2022 Proposal 60885 Clearwater Police Department for Clearwater Police Department Prepared by Reagan Smith on 06/24/2022 Proposal Workscapes - Tampa 3225 E Clark St Tampa, FL 33605 Phone: 813.620.0048 www.workscapes.com Order Number 60885 Date 06/24/2022 Customer PO No Customer Name Clearwater Police Department Salesperson Reagan Smith Project Coordinator ANGELINA MAKOWSKI Terms NET 30 Page 2 of 53 B I L L T O Clearwater Police Department 645 Pierce St Clearwater, FL 33756 ATTN: LeAnn Holbrook - 727-562-4185 S H I P T O Clearwater Police Department 645 Pierce St Clearwater, FL 33756 ATTN: LeAnn Holbrook - 727-562-4185 Order Name : Clearwater Police Department State of Florida Contract # 56120000-19-ACS Line 255 is not on State of FL Contract During these unprecedented times, Workscapes has been faced with fluctuating freight and price increases from manufacturers. Occasionally additional surcharges and extended lead times are issued due to shipping constraints, upon receipt of manufacturers order acknowledgement. Workscapes reserves the right to adjust pricing based on these unforeseen increases. Line Quantity Description List Unit Price Extended Amount 1 2.00 Each The HON Company HFTLR12--.N-.0-$(L1STD)-.LFW1-.L-$(P1)-.P7A Flock Rectangle Table Laminate .N:No Grommet .0:No Ports $(L1STD):Grd L1 Standard Laminates .LFW1:Florence Walnut .L:Standard Option $(P1):P1 Paint Opts .P7A:Textured Charcoal Tag: Tag TG: 100 LOBBY % Off List: 64.95 540.00 189.27 378.54 2 4.00 Each Integra Inc CBAY-27-M4--SX-U-IL-FAB-SEAT-BACK-MBFW_NONE-SBC_NONE- Bay 27"Chair w/Tapered Seat Unit-4 Metal Legs SX:Slate U-IL:Fabric grade U or Integra Leather FAB:Enter Fabric Now SEAT:CFST Etch Collegiate BACK:CFST Tangram Denim MBFW_NONE:No moisture barrier or firewall SBC_NONE:No secure bottom cover :24250 Tag: Tag TG: 100 LOBBY % Off List: 55.87 2,063.00 910.40 3,641.60 Freight and Labor not Discounted Proposal Workscapes - Tampa 3225 E Clark St Tampa, FL 33605 Phone: 813.620.0048 www.workscapes.com Order Number 60885 Date 06/24/2022 Customer PO No Customer Name Clearwater Police Department Salesperson Reagan Smith Project Coordinator ANGELINA MAKOWSKI Terms NET 30 Page 3 of 53 Line Quantity Description List Unit Price Extended Amount 3 1.00 Each Herman Miller LW110.20BF--SB-SS-MS-KC-5M-H1 +Ped W-Pull,Mobile 20D B/F SB:+full-extension ball-bearing SS:+smooth paint on smooth steel MS:+metallic silver KC:+keyed differently, chrome 5M:+pencil tray in box drawer, 2 file converters in file drawer H1:+hand grip only Tag: Tag TG: 101 RECEPTION % Off List: 69.00 647.00 200.57 200.57 4 1.00 Each Herman Miller PIA1B327NA--AJ-BK-36504-C9-3SL-10 +Verus Wk Chair, Assembled,Interweave 2 suspension back,standard- height range,synchronous w/ tilt limiter & seat angle,no arms,adj seat depth,not fire retardant AJ:+adjustable lumbar with sacral support BK:+black base/black frame 36504:+blue grotto C9:+2 1/2" braking caster, black yoke, hard floors or carpet 3SL:@sequel-Pr Cat 2 10:+sequel blue fog Tag: Tag TG: 101 RECEPTION % Off List: 55.00 934.00 420.30 420.30 5 16.00 Each Herman Miller PIA1B327NA--AJ-BK-36504-C9-3SL-10 +Verus Wk Chair, Assembled,Interweave 2 suspension back,standard- height range,synchronous w/ tilt limiter & seat angle,no arms,adj seat depth,not fire retardant AJ:+adjustable lumbar with sacral support BK:+black base/black frame 36504:+blue grotto C9:+2 1/2" braking caster, black yoke, hard floors or carpet 3SL:@sequel-Pr Cat 2 10:+sequel blue fog Tag: Tag TG: 103 CONF % Off List: 55.00 934.00 420.30 6,724.80 6 1.00 Each The HON Company HTBINSLIDE Trash Bin Slide 35 quart bin 226.00 79.21 79.21 Proposal Workscapes - Tampa 3225 E Clark St Tampa, FL 33605 Phone: 813.620.0048 www.workscapes.com Order Number 60885 Date 06/24/2022 Customer PO No Customer Name Clearwater Police Department Salesperson Reagan Smith Project Coordinator ANGELINA MAKOWSKI Terms NET 30 Page 4 of 53 Line Quantity Description List Unit Price Extended Amount Tag: Tag TG: 103 CONF % Off List: 64.95 7 1.00 Each The HON Company HTG2PWR-3P-1E--.BLK ElloraB G2 Flptop-3 AC Pwr/1 Extron OPN-10' Cord .BLK:Black Tag: Tag TG: 103 CONF % Off List: 64.95 767.00 268.83 268.83 8 2.00 Each The HON Company HTG2PWR-4P-2B--.BLK ElloraB G2 Flptop Port-4 AC Pwr-2 Blank-10' Cord .BLK:Black Tag: Tag TG: 103 CONF % Off List: 64.95 626.00 219.41 438.82 9 1.00 Each The HON Company HTLB54192--.G-FW-.G2-$(L1STD)-.LFW1 Preside 192Wx54D Boat Shaped Laminate Top .G:2MM/Flat FW:Edge- Florence Walnut .G2:Cut out for Flip Top Port $(L1STD):Grd L1 Standard Laminates .LFW1:Florence Walnut Tag: Tag TG: 103 CONF % Off List: 64.95 2,573.00 901.84 901.84 10 1.00 Each The HON Company HTLCRED42--$(L1STD)-.LFW1-.FW-$(L1STD)-.LFW1-.G-.N Preside 20x42 36H Hospitality Credenza $(L1STD):Gr L1 Standard Laminates .LFW1:Florence Walnut .FW:Florence Walnut $(L1STD):Gr L1 Standard Laminates .LFW1:Florence Walnut .G:Pull- Loop Black .N:No Cutout Tag: Tag TG: 103 CONF % Off List: 64.95 2,087.00 731.49 731.49 11 1.00 Each The HON Company HTLHP192--$(L1STD)-.LFW1-.LFW1 3,101.00 1,086.90 1,086.90 Proposal Workscapes - Tampa 3225 E Clark St Tampa, FL 33605 Phone: 813.620.0048 www.workscapes.com Order Number 60885 Date 06/24/2022 Customer PO No Customer Name Clearwater Police Department Salesperson Reagan Smith Project Coordinator ANGELINA MAKOWSKI Terms NET 30 Page 5 of 53 Line Quantity Description List Unit Price Extended Amount Preside Laminate Hollow Panel Base For 192" W Table Tops $(L1STD):Grd L1 Standard Laminates .LFW1:Florence Walnut .LFW1:Florence Walnut Tag: Tag TG: 103 CONF % Off List: 64.95 12 1.00 Each The HON Company HTPLATEVHAU Preside Extron Plate (Dbl Space)-VGA VGA HDMI Audio Tag: Tag TG: 103 CONF % Off List: 64.95 428.00 150.01 150.01 13 2.00 Each The HON Company HMG2--.N-.H-.RE-$(1)-.UR-92-.PLAT Motivate 4-Leg Stack Chair-Uph Seat-Set/2 .N:Arm- No Arm .H:Hard .RE:Regatta $(1):Gr 1 UPH .UR:Contourett 92:COLOR- Marine .PLAT:FRAME- Platinum Metallic Tag: Tag TG: 106 INTERVIEW % Off List: 64.95 753.00 263.93 527.86 14 1.00 Each The HON Company HTG2PWR-4P-2B--.BLK ElloraB G2 Flptop Port-4 AC Pwr-2 Blank-10' Cord .BLK:Black Tag: Tag TG: 106 INTERVIEW % Off List: 64.95 626.00 219.41 219.41 15 1.00 Each The HON Company SPLH-PRES-TMBASE.M559790.--.FW Preside Seated Team Touchdown Table Base .FW:Florence Walnut Tag: Tag TG: 106 INTERVIEW % Off List: 64.95 792.00 277.59 277.59 16 1.00 Each The HON Company SPLH-PRES-TMTBL.M559703.--.G2-$(L1STD)-.LFW1-.FW Preside 42x59 Seated Team Touchdown Table Top 885.00 310.19 310.19 Proposal Workscapes - Tampa 3225 E Clark St Tampa, FL 33605 Phone: 813.620.0048 www.workscapes.com Order Number 60885 Date 06/24/2022 Customer PO No Customer Name Clearwater Police Department Salesperson Reagan Smith Project Coordinator ANGELINA MAKOWSKI Terms NET 30 Page 6 of 53 Line Quantity Description List Unit Price Extended Amount .G2:Cut out for Flip Top Port $(L1STD):Gr L1 Standard Laminates .LFW1:Florence Walnut .FW:Florence Walnut Tag: Tag TG: 106 INTERVIEW % Off List: 64.95 17 2.00 Each The HON Company HCWTB3656G--.N-$(L1STD)-.LOFT-.LOFT 36x56 Booth Top w/ Flat Edge .N:No Grommet $(L1STD):Grd L1 Standard Laminate .LOFT:Loft .LOFT:EDGE- Loft Tag: Tag TG: 110 BREAKROOM % Off List: 64.95 508.00 178.05 356.10 18 2.00 Each The HON Company HCWTDSBM42--$(P1)-.P7A 42H Double Pedestal Medium $(P1):P1 Paint Opts .P7A:Textured Charcoal Tag: Tag TG: 110 BREAKROOM % Off List: 64.95 1,230.00 431.12 862.24 19 4.00 Each The HON Company HMG1--.N-.F-.RE-.P8M Motivate 4-Leg Stack Chair-Set/2 .N:Arm- No Arm .F:Felt Glide .RE:Regatta .P8M:Regatta Tag: Tag TG: 110 BREAKROOM % Off List: 64.95 702.00 246.05 984.20 20 8.00 Each The HON Company HMG5--.N-.F-.RE-.P8M Motivate 4-Leg Cafe Ht Stool .N:Arm- No Arm .F:Felt Glide .RE:Regatta .P8M:Regatta Tag: Tag TG: 110 BREAKROOM 511.00 179.11 1,432.88 Proposal Workscapes - Tampa 3225 E Clark St Tampa, FL 33605 Phone: 813.620.0048 www.workscapes.com Order Number 60885 Date 06/24/2022 Customer PO No Customer Name Clearwater Police Department Salesperson Reagan Smith Project Coordinator ANGELINA MAKOWSKI Terms NET 30 Page 7 of 53 Line Quantity Description List Unit Price Extended Amount % Off List: 64.95 21 2.00 Each The HON Company HTFXM29--$(P1)-.S Preside 29.5H X-Base for 36 & 42 Tops $(P1):P1 Paint Opts .S:Charcoal Tag: Tag TG: 110 BREAKROOM % Off List: 64.95 568.00 199.08 398.16 22 2.00 Each The HON Company HTLD42--.G-LOFT-.N-$(L1STD)-.LOFT Preside 42"Round Shaped Laminate Top .G:2MM/Flat LOFT:Edge- Loft .N:No Grommets $(L1STD):Grd L1 Standard Laminates .LOFT:Loft Tag: Tag TG: 110 BREAKROOM % Off List: 64.95 509.00 178.40 356.80 23 42.00 Each The HON Company HBTMS--.P Interlink IQ Elect Wire Mngmnt Strips .P:Color- Black Tag: Tag TG: 114 TRAINING RM % Off List: 64.95 126.00 44.16 1,854.72 24 22.00 Each The HON Company HMAGANG Interlink IQ Elect Ganging Hardware Tag: Tag TG: 114 TRAINING RM % Off List: 64.95 102.00 35.75 786.50 25 82.00 Each The HON Company HMN2--.N-.H-.PB-.RE-$(1)-.OP-19-.P7A Motivate Nest/Stack Chair-Flex Bck-Uph Seat .N:Arm- No Arm .H:Hard .PB:Upholstered Back .RE:Regatta $(1):Gr 1 UPH .OP:Optic 653.00 228.88 18,768.16 Proposal Workscapes - Tampa 3225 E Clark St Tampa, FL 33605 Phone: 813.620.0048 www.workscapes.com Order Number 60885 Date 06/24/2022 Customer PO No Customer Name Clearwater Police Department Salesperson Reagan Smith Project Coordinator ANGELINA MAKOWSKI Terms NET 30 Page 8 of 53 Line Quantity Description List Unit Price Extended Amount 19:Color- Slate .P7A:FRAME- Textured Charcoal Tag: Tag TG: 114 TRAINING RM % Off List: 64.95 26 42.00 Each The HON Company HMVR-2460G-NS--.G1-$(L1STD)-.LOFT-.FW-.C-$(P1)-.S Motivate Table Rect 24Dx60W 2mm Edge Nesting Base .G1:4x8 Electrical Port $(L1STD):Grd L1 Standard Laminates .LOFT:Loft .FW:Florence Walnut .C:Caster $(P1):P1 Paint Opts .S:Charcoal Tag: Tag TG: 114 TRAINING RM % Off List: 64.95 1,369.00 479.83 20,152.86 27 22.00 Each The HON Company HQB Interlink IQ Power Base In-Feed Tag: Tag TG: 114 TRAINING RM % Off List: 64.95 566.00 198.38 4,364.36 28 42.00 Each The HON Company HQH5-P-3P1B--.BLK MhoB G1 Pop-up Port for IQ 3 AC/1 Blank .BLK:Black Tag: Tag TG: 114 TRAINING RM % Off List: 64.95 408.00 143.00 6,006.00 29 6.00 Each Herman Miller PIA1B327NA--AJ-BK-36504-C9-3SL-10 +Verus Wk Chair, Assembled,Interweave 2 suspension back,standard- height range,synchronous w/ tilt limiter & seat angle,no arms,adj seat depth,not fire retardant AJ:+adjustable lumbar with sacral support BK:+black base/black frame 36504:+blue grotto C9:+2 1/2" braking caster, black yoke, hard floors or carpet 3SL:@sequel-Pr Cat 2 10:+sequel blue fog Tag: Tag TG: 117 CONF 934.00 420.30 2,521.80 Proposal Workscapes - Tampa 3225 E Clark St Tampa, FL 33605 Phone: 813.620.0048 www.workscapes.com Order Number 60885 Date 06/24/2022 Customer PO No Customer Name Clearwater Police Department Salesperson Reagan Smith Project Coordinator ANGELINA MAKOWSKI Terms NET 30 Page 9 of 53 Line Quantity Description List Unit Price Extended Amount % Off List: 55.00 30 1.00 Each The HON Company HQB Interlink IQ Power Base In-Feed Tag: Tag TG: 117 CONF % Off List: 64.95 566.00 198.38 198.38 31 1.00 Each The HON Company HQH5-E-3P1U2B--.BLK ElloraB G2 Flptop for IQ/3 Pwr/1 Dual USB/2 Blnk .BLK:Black Tag: Tag TG: 117 CONF % Off List: 64.95 473.00 165.79 165.79 32 1.00 Each The HON Company HT29FB4896--$(P1)-.S Preside 29.5H Footed Base for 42 and 48x96 Top $(P1):P1 Paint Opts .S:Charcoal Tag: Tag TG: 117 CONF % Off List: 64.95 1,082.00 379.24 379.24 33 1.00 Each The HON Company HTFWMGR29--$(P1)-.S Wire manager for 29H footed base 1/pk $(P1):P1 Paint Opts .S:Charcoal Tag: Tag TG: 117 CONF % Off List: 64.95 140.00 49.07 49.07 34 1.00 Each The HON Company HTLC4296--.G-FW-.G2-$(L1STD)-.LFW1 Preside 42x96 Rectangle Top - 1 piece .G:2mm Edgeband FW:Edge- Florence Walnut .G2:Cut out for Flip Top Port $(L1STD):Gr L1 Standard Laminates .LFW1:Florence Walnut Tag: Tag TG: 117 CONF % Off List: 64.95 1,004.00 351.90 351.90 Proposal Workscapes - Tampa 3225 E Clark St Tampa, FL 33605 Phone: 813.620.0048 www.workscapes.com Order Number 60885 Date 06/24/2022 Customer PO No Customer Name Clearwater Police Department Salesperson Reagan Smith Project Coordinator ANGELINA MAKOWSKI Terms NET 30 Page 10 of 53 Line Quantity Description List Unit Price Extended Amount 35 1.00 Each Herman Miller CN122AWAA--G1-G1-C7-1HA-03 @Wk Chr,Embody,Std-Ht,Fully Adj Arms G1:+graphite G1:@graphite C7:+2 1/2" caster, black yoke, hard floors or carpet 1HA:+medley-Pr Cat 2 03:+medley charcoal Tag: Tag TG: 118 FIELD TRAINING % Off List: 55.90 1,841.00 811.88 811.88 36 2.00 Each Herman Miller PIA4S1SN--BK-BK-36504-G4-3SL-10 +Verus Side Chair, 4-Leg Base,4-leg base,Interweave 2 suspension back,no arms,not fire retardant BK:+black BK:+black 36504:+blue grotto G4:+glide, carpet only 3SL:@sequel-Pr Cat 2 10:+sequel blue fog Tag: Tag TG: 118 FIELD TRAINING % Off List: 55.00 504.00 226.80 453.60 37 1.00 Each The HON Company H10502--$(L1STD)-.LFW1 10500 Series Floorstnd Full Ht Ped B/B/F 15-5/8W x 22-3/4D $(L1STD):Grd L1 Standard Laminates .LFW1:Florence Walnut Tag: Tag TG: 118 FIELD TRAINING % Off List: 64.95 728.00 255.16 255.16 38 1.00 Each The HON Company H105383K--$(L1STD)-.LFW1-LFW1 10500 Series48"x18 1/2" Wall Mount Storage 3-Dr Locking $(L1STD):Grd L1 Standard Laminates .LFW1:Florence Walnut LFW1:Florence Walnut Tag: Tag TG: 118 FIELD TRAINING % Off List: 64.95 998.00 349.80 349.80 39 1.00 Each The HON Company H10561X--$(L1STD)-.LFW1-LFW1 556.00 194.88 194.88 Proposal Workscapes - Tampa 3225 E Clark St Tampa, FL 33605 Phone: 813.620.0048 www.workscapes.com Order Number 60885 Date 06/24/2022 Customer PO No Customer Name Clearwater Police Department Salesperson Reagan Smith Project Coordinator ANGELINA MAKOWSKI Terms NET 30 Page 11 of 53 Line Quantity Description List Unit Price Extended Amount 10500 Series Return Shell 29-1/2H x 48W x 24D $(L1STD):Grd L1 Standard Laminates .LFW1:Florence Walnut LFW1:Florence Walnut Tag: Tag TG: 118 FIELD TRAINING % Off List: 64.95 40 1.00 Each The HON Company H10594--$(L1STD)-.LFW1-LFW1 10500 Series Desk Shell 72W x 36D x 29-1/2H $(L1STD):Grd L1 Standard Laminates .LFW1:Florence Walnut LFW1:Florence Walnut Tag: Tag TG: 118 FIELD TRAINING % Off List: 64.95 856.00 300.03 300.03 41 2.00 Each The HON Company HF23C--.X102E Lock Core Replacement Kit Brushed Chrome .X102E:KEY NUMBER- 102E Tag: Tag TG: 118 FIELD TRAINING % Off List: 71.55 49.00 13.94 27.88 42 1.00 Each The HON Company HH870942 Tasklight 42W Tag: Tag TG: 118 FIELD TRAINING % Off List: 74.55 267.00 67.95 67.95 43 1.00 Each The HON Company HLSL48TW--$(A)-.ECH-11 WM Tackboard for 48W WM Overhead $(A):Grd A Fabric .ECH:FABRIC- Etch 11:Fab- Midtone Tag: Tag TG: 118 FIELD TRAINING % Off List: 64.95 295.00 103.40 103.40 44 1.00 Each Herman Miller CN122AWAA--G1-G1-C7-1HA-03 @Wk Chr,Embody,Std-Ht,Fully Adj Arms G1:+graphite G1:@graphite 1,841.00 811.88 811.88 Proposal Workscapes - Tampa 3225 E Clark St Tampa, FL 33605 Phone: 813.620.0048 www.workscapes.com Order Number 60885 Date 06/24/2022 Customer PO No Customer Name Clearwater Police Department Salesperson Reagan Smith Project Coordinator ANGELINA MAKOWSKI Terms NET 30 Page 12 of 53 Line Quantity Description List Unit Price Extended Amount C7:+2 1/2" caster, black yoke, hard floors or carpet 1HA:+medley-Pr Cat 2 03:+medley charcoal Tag: Tag TG: 119 TRAINING SUP % Off List: 55.90 45 2.00 Each Herman Miller PIA4S1SN--BK-BK-36504-G4-3SL-10 +Verus Side Chair, 4-Leg Base,4-leg base,Interweave 2 suspension back,no arms,not fire retardant BK:+black BK:+black 36504:+blue grotto G4:+glide, carpet only 3SL:@sequel-Pr Cat 2 10:+sequel blue fog Tag: Tag TG: 119 TRAINING SUP % Off List: 55.00 504.00 226.80 453.60 46 1.00 Each The HON Company H10502--$(L1STD)-.LFW1 10500 Series Floorstnd Full Ht Ped B/B/F 15-5/8W x 22-3/4D $(L1STD):Grd L1 Standard Laminates .LFW1:Florence Walnut Tag: Tag TG: 119 TRAINING SUP % Off List: 64.95 728.00 255.16 255.16 47 1.00 Each The HON Company H10504--$(L1STD)-.LFW1 10500 Series Floorstnding Full Ht Ped F/F 15-5/8W x 22-3/4D $(L1STD):Grd L1 Standard Laminates .LFW1:Florence Walnut Tag: Tag TG: 119 TRAINING SUP % Off List: 64.95 728.00 255.16 255.16 48 1.00 Each The HON Company H10524--$(L1STD)-.LFW1 10500 Series Access Strip $(L1STD):Grd L1 Standard Laminates .LFW1:Florence Walnut Tag: Tag TG: 119 TRAINING SUP % Off List: 64.95 187.00 65.54 65.54 Proposal Workscapes - Tampa 3225 E Clark St Tampa, FL 33605 Phone: 813.620.0048 www.workscapes.com Order Number 60885 Date 06/24/2022 Customer PO No Customer Name Clearwater Police Department Salesperson Reagan Smith Project Coordinator ANGELINA MAKOWSKI Terms NET 30 Page 13 of 53 Line Quantity Description List Unit Price Extended Amount 49 1.00 Each The HON Company H10534G--$(L1STD)-.LFW1-LFW1 10500 Series72Wx14-5/8Dx37-1/8H Stack-on Stg-Frosted Dr $(L1STD):Grd L1 Standard Laminates .LFW1:Florence Walnut LFW1:Florence Walnut Tag: Tag TG: 119 TRAINING SUP % Off List: 64.95 1,759.00 616.53 616.53 50 1.00 Each The HON Company H10541X--$(L1STD)-.LFW1-LFW1 10500 Series Cred Shell 72W x 24D x 29-1/2H $(L1STD):Grd L1 Standard Laminates .LFW1:Florence Walnut LFW1:Florence Walnut Tag: Tag TG: 119 TRAINING SUP % Off List: 64.95 738.00 258.67 258.67 51 1.00 Each The HON Company H10570--$(L1STD)-.LFW1-LFW1 10500 Series Bridge 47W x 24D x 29-1/2H $(L1STD):Grd L1 Standard Laminates .LFW1:Florence Walnut LFW1:Florence Walnut Tag: Tag TG: 119 TRAINING SUP % Off List: 64.95 386.00 135.29 135.29 52 1.00 Each The HON Company H10594--$(L1STD)-.LFW1-LFW1 10500 Series Desk Shell 72W x 36D x 29-1/2H $(L1STD):Grd L1 Standard Laminates .LFW1:Florence Walnut LFW1:Florence Walnut Tag: Tag TG: 119 TRAINING SUP % Off List: 64.95 856.00 300.03 300.03 53 1.00 Each The HON Company H90056--$(A)-.ECH-11 10500 Series Tckbd for 72"W Stack on Strg Bck Enclosure $(A):Gr A Fab .ECH:FABRIC- Etch 11:Fab- Midtone Tag: Tag TG: 119 TRAINING SUP 320.00 112.16 112.16 Proposal Workscapes - Tampa 3225 E Clark St Tampa, FL 33605 Phone: 813.620.0048 www.workscapes.com Order Number 60885 Date 06/24/2022 Customer PO No Customer Name Clearwater Police Department Salesperson Reagan Smith Project Coordinator ANGELINA MAKOWSKI Terms NET 30 Page 14 of 53 Line Quantity Description List Unit Price Extended Amount % Off List: 64.95 54 1.00 Each The HON Company H105856--$(L1STD)-.LFW1 10500 Series Back enclosure for 72"W Stack on Storage $(L1STD):Grd L1 Standard Laminates .LFW1:Florence Walnut Tag: Tag TG: 119 TRAINING SUP % Off List: 64.95 252.00 88.33 88.33 55 2.00 Each The HON Company HF23C--.X103E Lock Core Replacement Kit Brushed Chrome .X103E:KEY NUMBER- 103E Tag: Tag TG: 119 TRAINING SUP % Off List: 71.55 49.00 13.94 27.88 56 1.00 Each The HON Company HH870960 Tasklight 60W Tag: Tag TG: 119 TRAINING SUP % Off List: 74.55 290.00 73.81 73.81 57 1.00 Each The HON Company HLINEARA2 Field Install Dwr/Door Kits Linear Blk 2-pack Tag: Tag TG: 119 TRAINING SUP % Off List: 64.95 61.00 21.38 21.38 58 1.00 Each The HON Company HLINEARA3 Field Install Dwr/Door Kits Linear Blk 3-pack Tag: Tag TG: 119 TRAINING SUP % Off List: 64.96 69.00 24.18 24.18 59 7.00 Each Herman Miller 1B2JK7---230 +Lock Plug and Key,Chrome UM Series 230:+key number 230 Tag: Tag TG: 120 SUPPORT STAFF % Off List: 0.00 0.00 0.00 0.00 Proposal Workscapes - Tampa 3225 E Clark St Tampa, FL 33605 Phone: 813.620.0048 www.workscapes.com Order Number 60885 Date 06/24/2022 Customer PO No Customer Name Clearwater Police Department Salesperson Reagan Smith Project Coordinator ANGELINA MAKOWSKI Terms NET 30 Page 15 of 53 Line Quantity Description List Unit Price Extended Amount 60 6.00 Each Herman Miller CN122AWAA--G1-G1-C7-1HA-03 @Wk Chr,Embody,Std-Ht,Fully Adj Arms G1:+graphite G1:@graphite C7:+2 1/2" caster, black yoke, hard floors or carpet 1HA:+medley-Pr Cat 2 03:+medley charcoal Tag: Tag TG: 120 SUPPORT STAFF % Off List: 55.90 1,841.00 811.88 4,871.28 61 6.00 Each Herman Miller DV6ATS.3060L04E1--SRM-LBC-LBC-MS-3-NC-57 +Motia Rect Table w/T-Foot, Sq-Edge, Lam Top/TP Edge, 1 1/4 Thick, Elec Std Range, 30D 60W, Legs Outbound SRM:@digital read out with memory LBC:@walnut on ash LBC:@walnut on ash MS:@metallic silver 3:@hinged cable trough for 30" deep surface NC:+no cutout 57:+glides Tag: Tag TG: 120 SUPPORT STAFF % Off List: 70.00 2,811.00 843.30 5,059.80 62 4.00 Each Herman Miller FT110.3530J--MS +Frame,Base Covers, Pwr/Data knockouts 35H 30W MS:+metallic silver Tag: Tag TG: 120 SUPPORT STAFF % Off List: 72.50 209.00 57.48 229.92 63 4.00 Each Herman Miller FT110.3542J--MS +Frame,Base Covers, Pwr/Data knockouts 35H 42W MS:+metallic silver Tag: Tag TG: 120 SUPPORT STAFF % Off List: 72.50 255.00 70.13 280.52 64 2.00 Each Herman Miller FT110.4630N--MS +Frame,Base Covers, no knockouts 46H 30W MS:+metallic silver 229.00 62.98 125.96 Proposal Workscapes - Tampa 3225 E Clark St Tampa, FL 33605 Phone: 813.620.0048 www.workscapes.com Order Number 60885 Date 06/24/2022 Customer PO No Customer Name Clearwater Police Department Salesperson Reagan Smith Project Coordinator ANGELINA MAKOWSKI Terms NET 30 Page 16 of 53 Line Quantity Description List Unit Price Extended Amount Tag: Tag TG: 120 SUPPORT STAFF % Off List: 72.50 65 10.00 Each Herman Miller FT110.5330N--MS +Frame,Base Covers, no knockouts 53H 30W MS:+metallic silver Tag: Tag TG: 120 SUPPORT STAFF % Off List: 72.50 238.00 65.45 654.50 66 2.00 Each Herman Miller FT110.6830J--MS +Frame,Base Covers, Pwr/Data knockouts 68H 30W MS:+metallic silver Tag: Tag TG: 120 SUPPORT STAFF % Off List: 72.50 272.00 74.80 149.60 67 9.00 Each Herman Miller FT110.6830N--MS +Frame,Base Covers, no knockouts 68H 30W MS:+metallic silver Tag: Tag TG: 120 SUPPORT STAFF % Off List: 72.50 259.00 71.23 641.07 68 2.00 Each Herman Miller FT110.6842J--MS +Frame,Base Covers, Pwr/Data knockouts 68H 42W MS:+metallic silver Tag: Tag TG: 120 SUPPORT STAFF % Off List: 72.50 302.00 83.05 166.10 69 1.00 Each Herman Miller FT110.6842N--MS +Frame,Base Covers, no knockouts 68H 42W MS:+metallic silver Tag: Tag TG: 120 SUPPORT STAFF % Off List: 72.50 288.00 79.20 79.20 70 27.00 Each Herman Miller FT112.30AP--MS +Frame Top Cap,Standard Ptd 30W MS:+metallic silver 36.00 9.90 267.30 Proposal Workscapes - Tampa 3225 E Clark St Tampa, FL 33605 Phone: 813.620.0048 www.workscapes.com Order Number 60885 Date 06/24/2022 Customer PO No Customer Name Clearwater Police Department Salesperson Reagan Smith Project Coordinator ANGELINA MAKOWSKI Terms NET 30 Page 17 of 53 Line Quantity Description List Unit Price Extended Amount Tag: Tag TG: 120 SUPPORT STAFF % Off List: 72.50 71 7.00 Each Herman Miller FT112.42AP--MS +Frame Top Cap,Standard Ptd 42W MS:+metallic silver Tag: Tag TG: 120 SUPPORT STAFF % Off List: 72.50 46.00 12.65 88.55 72 3.00 Each Herman Miller FT121.246 +Conn 90,Universal,2way,90 deg-for 46H frames and lower Tag: Tag TG: 120 SUPPORT STAFF % Off List: 72.49 69.00 18.98 56.94 73 7.00 Each Herman Miller FT121.257 +Conn 90,Universal,2way,90 deg-for 53H frames and higher Tag: Tag TG: 120 SUPPORT STAFF % Off List: 72.50 105.00 28.88 202.16 74 3.00 Each Herman Miller FT121.346 +Conn 90,Universal,3way-for 46H frames and lower Tag: Tag TG: 120 SUPPORT STAFF % Off List: 72.50 80.00 22.00 66.00 75 1.00 Each Herman Miller FT121.357 +Conn 90,Universal,3way-for 53H frames and higher Tag: Tag TG: 120 SUPPORT STAFF % Off List: 72.50 119.00 32.73 32.73 76 3.00 Each Herman Miller FT123.135BP--MS +Conn Cover 90-Deg, 1 Side Covered,Base Cover Ptd 35H MS:+metallic silver Tag: Tag TG: 120 SUPPORT STAFF % Off List: 72.50 44.00 12.10 36.30 77 1.00 Herman Miller 61.00 16.78 16.78 Proposal Workscapes - Tampa 3225 E Clark St Tampa, FL 33605 Phone: 813.620.0048 www.workscapes.com Order Number 60885 Date 06/24/2022 Customer PO No Customer Name Clearwater Police Department Salesperson Reagan Smith Project Coordinator ANGELINA MAKOWSKI Terms NET 30 Page 18 of 53 Line Quantity Description List Unit Price Extended Amount Each FT123.168BP--MS +Conn Cover 90-Deg, 1 Side Covered,Base Cover Ptd 68H MS:+metallic silver Tag: Tag TG: 120 SUPPORT STAFF % Off List: 72.49 78 2.00 Each Herman Miller FT123.235BP--MS +Conn Cover 90-Deg, 2 Sides Covered,Base Cover Ptd 35H MS:+metallic silver Tag: Tag TG: 120 SUPPORT STAFF % Off List: 72.49 59.00 16.23 32.46 79 1.00 Each Herman Miller FT123.246BP--MS +Conn Cover 90-Deg, 2 Sides Covered,Base Cover Ptd 46H MS:+metallic silver Tag: Tag TG: 120 SUPPORT STAFF % Off List: 72.49 65.00 17.88 17.88 80 5.00 Each Herman Miller FT123.253BP--MS +Conn Cover 90-Deg, 2 Sides Covered,Base Cover Ptd 53H MS:+metallic silver Tag: Tag TG: 120 SUPPORT STAFF % Off List: 72.50 68.00 18.70 93.50 81 2.00 Each Herman Miller FT123.268BP--MS +Conn Cover 90-Deg, 2 Sides Covered,Base Cover Ptd 68H MS:+metallic silver Tag: Tag TG: 120 SUPPORT STAFF % Off List: 72.50 76.00 20.90 41.80 82 1.00 Each Herman Miller FT123.307NP--MS +Conn Cover 90-Deg, 3 Sides Covered,No Base Ptd 7H MS:+metallic silver Tag: Tag TG: 120 SUPPORT STAFF % Off List: 72.49 71.00 19.53 19.53 83 1.00 Herman Miller 74.00 20.35 20.35 Proposal Workscapes - Tampa 3225 E Clark St Tampa, FL 33605 Phone: 813.620.0048 www.workscapes.com Order Number 60885 Date 06/24/2022 Customer PO No Customer Name Clearwater Police Department Salesperson Reagan Smith Project Coordinator ANGELINA MAKOWSKI Terms NET 30 Page 19 of 53 Line Quantity Description List Unit Price Extended Amount Each FT123.311NP--MS +Conn Cover 90-Deg, 3 Sides Covered,No Base Ptd 11H MS:+metallic silver Tag: Tag TG: 120 SUPPORT STAFF % Off List: 72.50 84 1.00 Each Herman Miller FT123.315NP--MS +Conn Cover 90-Deg, 3 Sides Covered,No Base Ptd 15H (for use w/ 42H and 53H frames) MS:+metallic silver Tag: Tag TG: 120 SUPPORT STAFF % Off List: 72.49 77.00 21.18 21.18 85 4.00 Each Herman Miller FT123.333NP--MS +Conn Cover 90-Deg, 3 Sides Covered,No Base Ptd 33H MS:+metallic silver Tag: Tag TG: 120 SUPPORT STAFF % Off List: 72.49 87.00 23.93 95.72 86 7.00 Each Herman Miller FT126.1AP--MS +Top Cap, Conn 90-Deg, Connects-1 Frame Top Caps Ptd MS:+metallic silver Tag: Tag TG: 120 SUPPORT STAFF % Off List: 72.49 35.00 9.63 67.41 87 6.00 Each Herman Miller FT126.2AP--MS +Top Cap, Conn 90-Deg, Connects-2 Frame Top Caps, 90-Deg Ptd MS:+metallic silver Tag: Tag TG: 120 SUPPORT STAFF % Off List: 72.49 35.00 9.63 57.78 88 1.00 Each Herman Miller FT126.3AP--MS +Top Cap, Conn 90-Deg, Connects-3 Frame Top Caps Ptd MS:+metallic silver Tag: Tag TG: 120 SUPPORT STAFF % Off List: 72.49 35.00 9.63 9.63 Proposal Workscapes - Tampa 3225 E Clark St Tampa, FL 33605 Phone: 813.620.0048 www.workscapes.com Order Number 60885 Date 06/24/2022 Customer PO No Customer Name Clearwater Police Department Salesperson Reagan Smith Project Coordinator ANGELINA MAKOWSKI Terms NET 30 Page 20 of 53 Line Quantity Description List Unit Price Extended Amount 89 4.00 Each Herman Miller FT128.35 +Connection Hardware, Frame-to-Frame 35H Tag: Tag TG: 120 SUPPORT STAFF % Off List: 72.48 27.00 7.43 29.72 90 1.00 Each Herman Miller FT128.46 +Connection Hardware, Frame-to-Frame 46H Tag: Tag TG: 120 SUPPORT STAFF % Off List: 72.50 28.00 7.70 7.70 91 4.00 Each Herman Miller FT128.53 +Connection Hardware, Frame-to-Frame 53H Tag: Tag TG: 120 SUPPORT STAFF % Off List: 72.50 34.00 9.35 37.40 92 5.00 Each Herman Miller FT128.68 +Connection Hardware, Frame-to-Frame 68H Tag: Tag TG: 120 SUPPORT STAFF % Off List: 72.49 37.00 10.18 50.90 93 2.00 Each Herman Miller FT140.06--LZ +Power Entry, External Direct Connect 6'long LZ:+PVC-free Tag: Tag TG: 120 SUPPORT STAFF % Off List: 72.50 196.00 53.90 107.80 94 6.00 Each Herman Miller FT150.30--LZ +Base Power Harness 30W LZ:+PVC-free Tag: Tag TG: 120 SUPPORT STAFF % Off List: 72.50 147.00 40.43 242.58 95 6.00 Each Herman Miller FT150.42--LZ +Base Power Harness 42W LZ:+PVC-free 160.00 44.00 264.00 Proposal Workscapes - Tampa 3225 E Clark St Tampa, FL 33605 Phone: 813.620.0048 www.workscapes.com Order Number 60885 Date 06/24/2022 Customer PO No Customer Name Clearwater Police Department Salesperson Reagan Smith Project Coordinator ANGELINA MAKOWSKI Terms NET 30 Page 21 of 53 Line Quantity Description List Unit Price Extended Amount Tag: Tag TG: 120 SUPPORT STAFF % Off List: 72.50 96 4.00 Each Herman Miller FT151. +Power Harness Extender Tag: Tag TG: 120 SUPPORT STAFF % Off List: 72.48 33.00 9.08 36.32 97 1.00 Each Herman Miller FT155.A--CL +15 Amp Receptacle 4 Circuit, Duplex, Circuit A 6/Pkg CL:+cool grey neutral Tag: Tag TG: 120 SUPPORT STAFF % Off List: 72.50 202.00 55.55 55.55 98 1.00 Each Herman Miller FT155.B--CL +15 Amp Receptacle 4 Circuit, Duplex, Circuit B 6/Pkg CL:+cool grey neutral Tag: Tag TG: 120 SUPPORT STAFF % Off List: 72.50 202.00 55.55 55.55 99 1.00 Each Herman Miller FT155M.DN--CL @Controlled Receptacle, 15 Amp, Duplex, Circuit D, 6/Pkg CL:@cool grey neutral Tag: Tag TG: 120 SUPPORT STAFF % Off List: 72.50 202.00 55.55 55.55 100 6.00 Each Herman Miller FT160.53BP--MS +Finished End,Base Cover Ptd 53H MS:+metallic silver Tag: Tag TG: 120 SUPPORT STAFF % Off List: 72.49 71.00 19.53 117.18 101 2.00 Each Herman Miller FT160.68BP--MS +Finished End,Base Cover Ptd 68H MS:+metallic silver Tag: Tag TG: 120 SUPPORT STAFF 79.00 21.73 43.46 Proposal Workscapes - Tampa 3225 E Clark St Tampa, FL 33605 Phone: 813.620.0048 www.workscapes.com Order Number 60885 Date 06/24/2022 Customer PO No Customer Name Clearwater Police Department Salesperson Reagan Smith Project Coordinator ANGELINA MAKOWSKI Terms NET 30 Page 22 of 53 Line Quantity Description List Unit Price Extended Amount % Off List: 72.49 102 4.00 Each Herman Miller FT161.15AP--MS +Finished End,Chg of Ht Standard Ptd 15H (for use with 42H frames) MS:+metallic silver Tag: Tag TG: 120 SUPPORT STAFF % Off List: 72.50 52.00 14.30 57.20 103 35.00 Each Herman Miller FT170.3030P--MS-MS +Lower Tile, Pntd 30H 30W MS:+metallic silver MS:+metallic silver Tag: Tag TG: 120 SUPPORT STAFF % Off List: 72.50 114.00 31.35 1,097.25 104 4.00 Each Herman Miller FT170.3030T--MS-8T-22 +Lower Tile, Tackable Fabric 30H 30W MS:+metallic silver 8T:+crossing-Pr Cat 1 22:+crossing tin Tag: Tag TG: 120 SUPPORT STAFF % Off List: 72.50 158.00 43.45 173.80 105 11.00 Each Herman Miller FT170.3030X--MS-MS +Lower Tile, Debossed 30H 30W MS:+metallic silver MS:+metallic silver Tag: Tag TG: 120 SUPPORT STAFF % Off List: 72.50 186.00 51.15 562.65 106 7.00 Each Herman Miller FT170.3042P--MS-MS +Lower Tile, Pntd 30H 42W MS:+metallic silver MS:+metallic silver Tag: Tag TG: 120 SUPPORT STAFF % Off List: 72.50 131.00 36.03 252.21 Proposal Workscapes - Tampa 3225 E Clark St Tampa, FL 33605 Phone: 813.620.0048 www.workscapes.com Order Number 60885 Date 06/24/2022 Customer PO No Customer Name Clearwater Police Department Salesperson Reagan Smith Project Coordinator ANGELINA MAKOWSKI Terms NET 30 Page 23 of 53 Line Quantity Description List Unit Price Extended Amount 107 4.00 Each Herman Miller FT170.3042T--MS-8T-22 +Lower Tile, Tackable Fabric 30H 42W MS:+metallic silver 8T:+crossing-Pr Cat 1 22:+crossing tin Tag: Tag TG: 120 SUPPORT STAFF % Off List: 72.50 181.00 49.78 199.12 108 1.00 Each Herman Miller FT170.3042X--MS-MS +Lower Tile, Debossed 30H 42W MS:+metallic silver MS:+metallic silver Tag: Tag TG: 120 SUPPORT STAFF % Off List: 72.50 215.00 59.13 59.13 109 4.00 Each Herman Miller FT175.1130M--MS-MS +Rail Tile,Middle 11H 30W MS:+metallic silver MS:+metallic silver Tag: Tag TG: 120 SUPPORT STAFF % Off List: 72.50 186.00 51.15 204.60 110 2.00 Each Herman Miller FT175.1142M--MS-MS +Rail Tile,Middle 11H 42W MS:+metallic silver MS:+metallic silver Tag: Tag TG: 120 SUPPORT STAFF % Off List: 72.50 223.00 61.33 122.66 111 2.00 Each Herman Miller FT180.4130T--MS-8T-22 +Tile,Full-Height,Tackable Fabric 41H 30W MS:+metallic silver 8T:+crossing-Pr Cat 1 22:+crossing tin Tag: Tag TG: 120 SUPPORT STAFF % Off List: 72.50 175.00 48.13 96.26 112 2.00 Herman Miller 226.00 62.15 124.30 Proposal Workscapes - Tampa 3225 E Clark St Tampa, FL 33605 Phone: 813.620.0048 www.workscapes.com Order Number 60885 Date 06/24/2022 Customer PO No Customer Name Clearwater Police Department Salesperson Reagan Smith Project Coordinator ANGELINA MAKOWSKI Terms NET 30 Page 24 of 53 Line Quantity Description List Unit Price Extended Amount Each FT180.6330T--MS-8T-22 +Tile,Full-Height,Tackable Fabric 63H 30W MS:+metallic silver 8T:+crossing-Pr Cat 1 22:+crossing tin Tag: Tag TG: 120 SUPPORT STAFF % Off List: 72.50 113 2.00 Each Herman Miller FT180.6342T--MS-8T-22 +Tile,Full-Height,Tackable Fabric 63H 42W MS:+metallic silver 8T:+crossing-Pr Cat 1 22:+crossing tin Tag: Tag TG: 120 SUPPORT STAFF % Off List: 72.50 307.00 84.43 168.86 114 20.00 Each Herman Miller FT181.0730T--MS-8T-22 +Upper Tile, Tackable Fabric 07H 30W MS:+metallic silver 8T:+crossing-Pr Cat 1 22:+crossing tin Tag: Tag TG: 120 SUPPORT STAFF % Off List: 72.49 79.00 21.73 434.60 115 38.00 Each Herman Miller FT181.1130T--MS-8T-18 +Upper Tile, Tackable Fabric 11H 30W MS:+metallic silver 8T:+crossing-Pr Cat 1 18:+crossing indigo Tag: Tag TG: 120 SUPPORT STAFF % Off List: 72.50 90.00 24.75 940.50 116 2.00 Each Herman Miller FT181.1142T--MS-8T-18 +Upper Tile, Tackable Fabric 11H 42W MS:+metallic silver 8T:+crossing-Pr Cat 1 18:+crossing indigo Tag: Tag TG: 120 SUPPORT STAFF 104.00 28.60 57.20 Proposal Workscapes - Tampa 3225 E Clark St Tampa, FL 33605 Phone: 813.620.0048 www.workscapes.com Order Number 60885 Date 06/24/2022 Customer PO No Customer Name Clearwater Police Department Salesperson Reagan Smith Project Coordinator ANGELINA MAKOWSKI Terms NET 30 Page 25 of 53 Line Quantity Description List Unit Price Extended Amount % Off List: 72.50 117 20.00 Each Herman Miller FT181.2230T--MS-8T-22 +Upper Tile, Tackable Fabric 22H 30W MS:+metallic silver 8T:+crossing-Pr Cat 1 22:+crossing tin Tag: Tag TG: 120 SUPPORT STAFF % Off List: 72.50 125.00 34.38 687.60 118 4.00 Each Herman Miller FT181.2242T--MS-8T-22 +Upper Tile, Tackable Fabric 22H 42W MS:+metallic silver 8T:+crossing-Pr Cat 1 22:+crossing tin Tag: Tag TG: 120 SUPPORT STAFF % Off List: 72.50 144.00 39.60 158.40 119 4.00 Each Herman Miller FT290.24L--MS +Surface Cantilever, for 20"-or 24" deep surface,lft-hnd MS:+metallic silver Tag: Tag TG: 120 SUPPORT STAFF % Off List: 72.50 38.00 10.45 41.80 120 2.00 Each Herman Miller FT290.24R--MS +Surface Cantilever, for 20"-or 24" deep surface,rt-hnd MS:+metallic silver Tag: Tag TG: 120 SUPPORT STAFF % Off List: 72.50 38.00 10.45 20.90 121 6.00 Each Herman Miller FTS10.2442LF--LBC-LBC +Rectangular Surface,Sq-Edge, Lam Top/Thermo Edge, 24D 42W, Frame Atch LBC:+walnut on ash LBC:+walnut on ash Tag: Tag TG: 120 SUPPORT STAFF % Off List: 72.50 327.00 89.93 539.58 Proposal Workscapes - Tampa 3225 E Clark St Tampa, FL 33605 Phone: 813.620.0048 www.workscapes.com Order Number 60885 Date 06/24/2022 Customer PO No Customer Name Clearwater Police Department Salesperson Reagan Smith Project Coordinator ANGELINA MAKOWSKI Terms NET 30 Page 26 of 53 Line Quantity Description List Unit Price Extended Amount 122 1.00 Each Herman Miller LTPL-03620--LBC @Tu File Top, Lam Top/TP Edge 36W 20D LBC:+walnut on ash Tag: Tag TG: 120 SUPPORT STAFF % Off List: 69.00 276.00 85.56 85.56 123 1.00 Each Herman Miller LTPL-07220--LBC @Tu File Top, Lam Top/TP Edge 72W 20D LBC:+walnut on ash Tag: Tag TG: 120 SUPPORT STAFF % Off List: 69.00 564.00 174.84 174.84 124 6.00 Each Herman Miller LW140.24BBF--SB-SS-MS-KD-2F-3M +Ped W-Pull,Surface Att 24D,B/B/F SB:+full-extension ball-bearing SS:+smooth paint on smooth steel MS:+metallic silver KD:+keyed differently, black 2F:+27 1/4" high (raised height) 3M:+drawer divider in one box drawer, pencil tray in one box drawer, 2 file converters in file drawer Tag: Tag TG: 120 SUPPORT STAFF % Off List: 69.00 652.00 202.12 1,212.72 125 2.00 Each Herman Miller LW200.305--SS-MS-KA-CB-4R +Lat File,W-Pull Freestd Flip Dr W/Pullout Shf,4 Dwr 30W SS:+smooth paint on smooth steel MS:+metallic silver KA:+keyed alike CB:+counterweight (recommended) 4R:+side-to-side filing rail and dividers in flipper Tag: Tag TG: 120 SUPPORT STAFF % Off List: 69.00 2,387.00 739.97 1,479.94 126 1.00 Each Herman Miller LW200.363--SS-MS-KA-CB-2R +Lat File,W-Pull Freestd 3 Dwr 36W SS:+smooth paint on smooth steel MS:+metallic silver 1,581.00 490.11 490.11 Proposal Workscapes - Tampa 3225 E Clark St Tampa, FL 33605 Phone: 813.620.0048 www.workscapes.com Order Number 60885 Date 06/24/2022 Customer PO No Customer Name Clearwater Police Department Salesperson Reagan Smith Project Coordinator ANGELINA MAKOWSKI Terms NET 30 Page 27 of 53 Line Quantity Description List Unit Price Extended Amount KA:+keyed alike CB:+counterweight (recommended) 2R:+side-to-side filing rail Tag: Tag TG: 120 SUPPORT STAFF % Off List: 69.00 127 2.00 Each Herman Miller LW200.363--SS-MS-KA-NO-2R +Lat File,W-Pull Freestd 3 Dwr 36W SS:+smooth paint on smooth steel MS:+metallic silver KA:+keyed alike NO:+no counterweight (must gang or anchor) 2R:+side-to-side filing rail Tag: Tag TG: 120 SUPPORT STAFF % Off List: 69.00 1,486.00 460.66 921.32 128 2.00 Each Herman Miller LW200.365--SS-MS-KA-CB-4R +Lat File,W-Pull Freestd Flip Dr W/Pullout Shf,4 Dwr 36W SS:+smooth paint on smooth steel MS:+metallic silver KA:+keyed alike CB:+counterweight (recommended) 4R:+side-to-side filing rail and dividers in flipper Tag: Tag TG: 120 SUPPORT STAFF % Off List: 69.00 2,610.00 809.10 1,618.20 129 4.00 Each Herman Miller PIA4S1SN--BK-BK-36504-G4-3SL-10 +Verus Side Chair, 4-Leg Base,4-leg base,Interweave 2 suspension back,no arms,not fire retardant BK:+black BK:+black 36504:+blue grotto G4:+glide, carpet only 3SL:@sequel-Pr Cat 2 10:+sequel blue fog Tag: Tag TG: 120 SUPPORT STAFF % Off List: 55.00 504.00 226.80 907.20 130 6.00 Each Herman Miller Y1423.AA03--MS 515.00 208.58 1,251.48 Proposal Workscapes - Tampa 3225 E Clark St Tampa, FL 33605 Phone: 813.620.0048 www.workscapes.com Order Number 60885 Date 06/24/2022 Customer PO No Customer Name Clearwater Police Department Salesperson Reagan Smith Project Coordinator ANGELINA MAKOWSKI Terms NET 30 Page 28 of 53 Line Quantity Description List Unit Price Extended Amount +Logic C1000 Univ Clamp Mount Dist,2 Simplex Recep,2 Pwrd USB,Pwr Cord w/Plug End,3' Cord/Conduit MS:@metallic silver Tag: Tag TG: 120 SUPPORT STAFF % Off List: 59.50 131 6.00 Each Herman Miller Y1500.606 +Pwr Plug Strip,6 AC outlets,6' l Tag: Tag TG: 120 SUPPORT STAFF % Off List: 59.50 74.00 29.97 179.82 132 12.00 Each Herman Miller Y7216.10--CL +Paper Tray 10W CL:+cool grey neutral Tag: Tag TG: 120 SUPPORT STAFF % Off List: 59.50 38.00 15.39 184.68 133 12.00 Each Herman Miller Y7218.--CL +Diagonal Tray CL:+cool grey neutral Tag: Tag TG: 120 SUPPORT STAFF % Off List: 59.49 63.00 25.52 306.24 134 12.00 Each Herman Miller Y91171.CM--0I +Flo Sngle-Screen Monitor Arm Support,Surf Clamp 0I:+silver Tag: Tag TG: 120 SUPPORT STAFF % Off List: 59.50 411.00 166.46 1,997.52 135 1.00 Each The HON Company HTFXL29--$(P1)-.S Preside 29.5H X-Base for 48 & 60 Tops $(P1):P1 Paint Opts .S:Charcoal Tag: Tag TG: 120 SUPPORT STAFF % Off List: 64.95 616.00 215.91 215.91 136 1.00 The HON Company 563.00 197.33 197.33 Proposal Workscapes - Tampa 3225 E Clark St Tampa, FL 33605 Phone: 813.620.0048 www.workscapes.com Order Number 60885 Date 06/24/2022 Customer PO No Customer Name Clearwater Police Department Salesperson Reagan Smith Project Coordinator ANGELINA MAKOWSKI Terms NET 30 Page 29 of 53 Line Quantity Description List Unit Price Extended Amount Each HTLD48--.G-FW-.N-$(L1STD)-.LFW1 Preside 48"Round Shaped Laminate Top .G:2MM/Flat FW:Edge- Florence Walnut .N:No Grommets $(L1STD):Grd L1 Standard Laminates .LFW1:Florence Walnut Tag: Tag TG: 120 SUPPORT STAFF % Off List: 64.95 137 1.00 Each Herman Miller CN122AWAA--G1-G1-C7-1HA-03 @Wk Chr,Embody,Std-Ht,Fully Adj Arms G1:+graphite G1:@graphite C7:+2 1/2" caster, black yoke, hard floors or carpet 1HA:+medley-Pr Cat 2 03:+medley charcoal Tag: Tag TG: 121 COMMANDER % Off List: 55.90 1,841.00 811.88 811.88 138 6.00 Each Herman Miller PIA4S1SN--BK-BK-36504-G4-3SL-10 +Verus Side Chair, 4-Leg Base,4-leg base,Interweave 2 suspension back,no arms,not fire retardant BK:+black BK:+black 36504:+blue grotto G4:+glide, carpet only 3SL:@sequel-Pr Cat 2 10:+sequel blue fog Tag: Tag TG: 121 COMMANDER % Off List: 55.00 504.00 226.80 1,360.80 139 1.00 Each The HON Company H10502--$(L1STD)-.LFW1 10500 Series Floorstnd Full Ht Ped B/B/F 15-5/8W x 22-3/4D $(L1STD):Grd L1 Standard Laminates .LFW1:Florence Walnut Tag: Tag TG: 121 COMMANDER % Off List: 64.95 728.00 255.16 255.16 140 1.00 The HON Company 728.00 255.16 255.16 Proposal Workscapes - Tampa 3225 E Clark St Tampa, FL 33605 Phone: 813.620.0048 www.workscapes.com Order Number 60885 Date 06/24/2022 Customer PO No Customer Name Clearwater Police Department Salesperson Reagan Smith Project Coordinator ANGELINA MAKOWSKI Terms NET 30 Page 30 of 53 Line Quantity Description List Unit Price Extended Amount Each H10504--$(L1STD)-.LFW1 10500 Series Floorstnding Full Ht Ped F/F 15-5/8W x 22-3/4D $(L1STD):Grd L1 Standard Laminates .LFW1:Florence Walnut Tag: Tag TG: 121 COMMANDER % Off List: 64.95 141 1.00 Each The HON Company H10524--$(L1STD)-.LFW1 10500 Series Access Strip $(L1STD):Grd L1 Standard Laminates .LFW1:Florence Walnut Tag: Tag TG: 121 COMMANDER % Off List: 64.95 187.00 65.54 65.54 142 1.00 Each The HON Company H10534G--$(L1STD)-.LFW1-LFW1 10500 Series72Wx14-5/8Dx37-1/8H Stack-on Stg-Frosted Dr $(L1STD):Grd L1 Standard Laminates .LFW1:Florence Walnut LFW1:Florence Walnut Tag: Tag TG: 121 COMMANDER % Off List: 64.95 1,759.00 616.53 616.53 143 1.00 Each The HON Company H10541X--$(L1STD)-.LFW1-LFW1 10500 Series Cred Shell 72W x 24D x 29-1/2H $(L1STD):Grd L1 Standard Laminates .LFW1:Florence Walnut LFW1:Florence Walnut Tag: Tag TG: 121 COMMANDER % Off List: 64.95 738.00 258.67 258.67 144 1.00 Each The HON Company H10570--$(L1STD)-.LFW1-LFW1 10500 Series Bridge 47W x 24D x 29-1/2H $(L1STD):Grd L1 Standard Laminates .LFW1:Florence Walnut LFW1:Florence Walnut Tag: Tag TG: 121 COMMANDER % Off List: 64.95 386.00 135.29 135.29 145 1.00 The HON Company 856.00 300.03 300.03 Proposal Workscapes - Tampa 3225 E Clark St Tampa, FL 33605 Phone: 813.620.0048 www.workscapes.com Order Number 60885 Date 06/24/2022 Customer PO No Customer Name Clearwater Police Department Salesperson Reagan Smith Project Coordinator ANGELINA MAKOWSKI Terms NET 30 Page 31 of 53 Line Quantity Description List Unit Price Extended Amount Each H10594--$(L1STD)-.LFW1-LFW1 10500 Series Desk Shell 72W x 36D x 29-1/2H $(L1STD):Grd L1 Standard Laminates .LFW1:Florence Walnut LFW1:Florence Walnut Tag: Tag TG: 121 COMMANDER % Off List: 64.95 146 1.00 Each The HON Company H90056--$(A)-.ECH-11 10500 Series Tckbd for 72"W Stack on Strg Bck Enclosure $(A):Gr A Fab .ECH:FABRIC- Etch 11:Fab- Midtone Tag: Tag TG: 121 COMMANDER % Off List: 64.95 320.00 112.16 112.16 147 2.00 Each The HON Company H105535--$(L1STD)-.LFW1-LFW1 10500 Series Bookcase 5-shelf 36Wx13-1/8Dx71H $(L1STD):Grd L1 Standard Laminates .LFW1:Florence Walnut LFW1:Florence Walnut Tag: Tag TG: 121 COMMANDER % Off List: 64.95 875.00 306.69 613.38 148 1.00 Each The HON Company H105856--$(L1STD)-.LFW1 10500 Series Back enclosure for 72"W Stack on Storage $(L1STD):Grd L1 Standard Laminates .LFW1:Florence Walnut Tag: Tag TG: 121 COMMANDER % Off List: 64.95 252.00 88.33 88.33 149 1.00 Each The HON Company HH870960 Tasklight 60W Tag: Tag TG: 121 COMMANDER % Off List: 74.55 290.00 73.81 73.81 150 1.00 Each The HON Company HLINEARA2 Field Install Dwr/Door Kits Linear Blk 2-pack 61.00 21.38 21.38 Proposal Workscapes - Tampa 3225 E Clark St Tampa, FL 33605 Phone: 813.620.0048 www.workscapes.com Order Number 60885 Date 06/24/2022 Customer PO No Customer Name Clearwater Police Department Salesperson Reagan Smith Project Coordinator ANGELINA MAKOWSKI Terms NET 30 Page 32 of 53 Line Quantity Description List Unit Price Extended Amount Tag: Tag TG: 121 COMMANDER % Off List: 64.95 151 1.00 Each The HON Company HLINEARA3 Field Install Dwr/Door Kits Linear Blk 3-pack Tag: Tag TG: 121 COMMANDER % Off List: 64.96 69.00 24.18 24.18 152 1.00 Each The HON Company HTFXL29--$(P1)-.S Preside 29.5H X-Base for 48 & 60 Tops $(P1):P1 Paint Opts .S:Charcoal Tag: Tag TG: 121 COMMANDER % Off List: 64.95 616.00 215.91 215.91 153 1.00 Each The HON Company HTLD48--.G-FW-.N-$(L1STD)-.LFW1 Preside 48"Round Shaped Laminate Top .G:2MM/Flat FW:Edge- Florence Walnut .N:No Grommets $(L1STD):Grd L1 Standard Laminates .LFW1:Florence Walnut Tag: Tag TG: 121 COMMANDER % Off List: 64.95 563.00 197.33 197.33 154 2.00 Each EXEMPLIS 3152.WM05--WMC03 Wire Basket Without Power WMC03:Black Tag: Tag TG: 121 COMMANDER % Off List: 59.25 79.00 32.19 64.38 155 9.00 Each Herman Miller CN122AWAA--G1-G1-C7-1HA-03 @Wk Chr,Embody,Std-Ht,Fully Adj Arms G1:+graphite G1:@graphite C7:+2 1/2" caster, black yoke, hard floors or carpet 1HA:+medley-Pr Cat 2 03:+medley charcoal 1,841.00 811.88 7,306.92 Proposal Workscapes - Tampa 3225 E Clark St Tampa, FL 33605 Phone: 813.620.0048 www.workscapes.com Order Number 60885 Date 06/24/2022 Customer PO No Customer Name Clearwater Police Department Salesperson Reagan Smith Project Coordinator ANGELINA MAKOWSKI Terms NET 30 Page 33 of 53 Line Quantity Description List Unit Price Extended Amount Tag: Tag TG: 122 SERGEANT RM % Off List: 55.90 156 4.00 Each Herman Miller FT110.3530J--MS +Frame,Base Covers, Pwr/Data knockouts 35H 30W MS:+metallic silver Tag: Tag TG: 122 SERGEANT RM % Off List: 72.50 209.00 57.48 229.92 157 4.00 Each Herman Miller FT110.3542J--MS +Frame,Base Covers, Pwr/Data knockouts 35H 42W MS:+metallic silver Tag: Tag TG: 122 SERGEANT RM % Off List: 72.50 255.00 70.13 280.52 158 1.00 Each Herman Miller FT110.4630N--MS +Frame,Base Covers, no knockouts 46H 30W MS:+metallic silver Tag: Tag TG: 122 SERGEANT RM % Off List: 72.50 229.00 62.98 62.98 159 16.00 Each Herman Miller FT110.5330N--MS +Frame,Base Covers, no knockouts 53H 30W MS:+metallic silver Tag: Tag TG: 122 SERGEANT RM % Off List: 72.50 238.00 65.45 1,047.20 160 5.00 Each Herman Miller FT110.6830J--MS +Frame,Base Covers, Pwr/Data knockouts 68H 30W MS:+metallic silver Tag: Tag TG: 122 SERGEANT RM % Off List: 72.50 272.00 74.80 374.00 161 11.00 Each Herman Miller FT110.6830N--MS +Frame,Base Covers, no knockouts 68H 30W MS:+metallic silver 259.00 71.23 783.53 Proposal Workscapes - Tampa 3225 E Clark St Tampa, FL 33605 Phone: 813.620.0048 www.workscapes.com Order Number 60885 Date 06/24/2022 Customer PO No Customer Name Clearwater Police Department Salesperson Reagan Smith Project Coordinator ANGELINA MAKOWSKI Terms NET 30 Page 34 of 53 Line Quantity Description List Unit Price Extended Amount Tag: Tag TG: 122 SERGEANT RM % Off List: 72.50 162 5.00 Each Herman Miller FT110.6842J--MS +Frame,Base Covers, Pwr/Data knockouts 68H 42W MS:+metallic silver Tag: Tag TG: 122 SERGEANT RM % Off List: 72.50 302.00 83.05 415.25 163 37.00 Each Herman Miller FT112.30AP--MS +Frame Top Cap,Standard Ptd 30W MS:+metallic silver Tag: Tag TG: 122 SERGEANT RM % Off List: 72.50 36.00 9.90 366.30 164 9.00 Each Herman Miller FT112.42AP--MS +Frame Top Cap,Standard Ptd 42W MS:+metallic silver Tag: Tag TG: 122 SERGEANT RM % Off List: 72.50 46.00 12.65 113.85 165 2.00 Each Herman Miller FT121.246 +Conn 90,Universal,2way,90 deg-for 46H frames and lower Tag: Tag TG: 122 SERGEANT RM % Off List: 72.49 69.00 18.98 37.96 166 10.00 Each Herman Miller FT121.257 +Conn 90,Universal,2way,90 deg-for 53H frames and higher Tag: Tag TG: 122 SERGEANT RM % Off List: 72.50 105.00 28.88 288.80 167 3.00 Each Herman Miller FT121.346 +Conn 90,Universal,3way-for 46H frames and lower Tag: Tag TG: 122 SERGEANT RM % Off List: 72.50 80.00 22.00 66.00 Proposal Workscapes - Tampa 3225 E Clark St Tampa, FL 33605 Phone: 813.620.0048 www.workscapes.com Order Number 60885 Date 06/24/2022 Customer PO No Customer Name Clearwater Police Department Salesperson Reagan Smith Project Coordinator ANGELINA MAKOWSKI Terms NET 30 Page 35 of 53 Line Quantity Description List Unit Price Extended Amount 168 4.00 Each Herman Miller FT121.357 +Conn 90,Universal,3way-for 53H frames and higher Tag: Tag TG: 122 SERGEANT RM % Off List: 72.50 119.00 32.73 130.92 169 3.00 Each Herman Miller FT123.135BP--MS +Conn Cover 90-Deg, 1 Side Covered,Base Cover Ptd 35H MS:+metallic silver Tag: Tag TG: 122 SERGEANT RM % Off List: 72.50 44.00 12.10 36.30 170 4.00 Each Herman Miller FT123.168BP--MS +Conn Cover 90-Deg, 1 Side Covered,Base Cover Ptd 68H MS:+metallic silver Tag: Tag TG: 122 SERGEANT RM % Off List: 72.49 61.00 16.78 67.12 171 2.00 Each Herman Miller FT123.235BP--MS +Conn Cover 90-Deg, 2 Sides Covered,Base Cover Ptd 35H MS:+metallic silver Tag: Tag TG: 122 SERGEANT RM % Off List: 72.49 59.00 16.23 32.46 172 9.00 Each Herman Miller FT123.253BP--MS +Conn Cover 90-Deg, 2 Sides Covered,Base Cover Ptd 53H MS:+metallic silver Tag: Tag TG: 122 SERGEANT RM % Off List: 72.50 68.00 18.70 168.30 173 1.00 Each Herman Miller FT123.268BP--MS +Conn Cover 90-Deg, 2 Sides Covered,Base Cover Ptd 68H MS:+metallic silver Tag: Tag TG: 122 SERGEANT RM % Off List: 72.50 76.00 20.90 20.90 174 1.00 Herman Miller 74.00 20.35 20.35 Proposal Workscapes - Tampa 3225 E Clark St Tampa, FL 33605 Phone: 813.620.0048 www.workscapes.com Order Number 60885 Date 06/24/2022 Customer PO No Customer Name Clearwater Police Department Salesperson Reagan Smith Project Coordinator ANGELINA MAKOWSKI Terms NET 30 Page 36 of 53 Line Quantity Description List Unit Price Extended Amount Each FT123.311NP--MS +Conn Cover 90-Deg, 3 Sides Covered,No Base Ptd 11H MS:+metallic silver Tag: Tag TG: 122 SERGEANT RM % Off List: 72.50 175 2.00 Each Herman Miller FT123.315NP--MS +Conn Cover 90-Deg, 3 Sides Covered,No Base Ptd 15H (for use w/ 42H and 53H frames) MS:+metallic silver Tag: Tag TG: 122 SERGEANT RM % Off List: 72.49 77.00 21.18 42.36 176 4.00 Each Herman Miller FT123.333NP--MS +Conn Cover 90-Deg, 3 Sides Covered,No Base Ptd 33H MS:+metallic silver Tag: Tag TG: 122 SERGEANT RM % Off List: 72.49 87.00 23.93 95.72 177 7.00 Each Herman Miller FT126.1AP--MS +Top Cap, Conn 90-Deg, Connects-1 Frame Top Caps Ptd MS:+metallic silver Tag: Tag TG: 122 SERGEANT RM % Off List: 72.49 35.00 9.63 67.41 178 8.00 Each Herman Miller FT126.2AP--MS +Top Cap, Conn 90-Deg, Connects-2 Frame Top Caps, 90-Deg Ptd MS:+metallic silver Tag: Tag TG: 122 SERGEANT RM % Off List: 72.49 35.00 9.63 77.04 179 4.00 Each Herman Miller FT126.3AP--MS +Top Cap, Conn 90-Deg, Connects-3 Frame Top Caps Ptd MS:+metallic silver Tag: Tag TG: 122 SERGEANT RM % Off List: 72.49 35.00 9.63 38.52 Proposal Workscapes - Tampa 3225 E Clark St Tampa, FL 33605 Phone: 813.620.0048 www.workscapes.com Order Number 60885 Date 06/24/2022 Customer PO No Customer Name Clearwater Police Department Salesperson Reagan Smith Project Coordinator ANGELINA MAKOWSKI Terms NET 30 Page 37 of 53 Line Quantity Description List Unit Price Extended Amount 180 4.00 Each Herman Miller FT128.35 +Connection Hardware, Frame-to-Frame 35H Tag: Tag TG: 122 SERGEANT RM % Off List: 72.48 27.00 7.43 29.72 181 7.00 Each Herman Miller FT128.53 +Connection Hardware, Frame-to-Frame 53H Tag: Tag TG: 122 SERGEANT RM % Off List: 72.50 34.00 9.35 65.45 182 7.00 Each Herman Miller FT128.68 +Connection Hardware, Frame-to-Frame 68H Tag: Tag TG: 122 SERGEANT RM % Off List: 72.49 37.00 10.18 71.26 183 2.00 Each Herman Miller FT140.06--LZ +Power Entry, External Direct Connect 6'long LZ:+PVC-free Tag: Tag TG: 122 SERGEANT RM % Off List: 72.50 196.00 53.90 107.80 184 9.00 Each Herman Miller FT150.30--LZ +Base Power Harness 30W LZ:+PVC-free Tag: Tag TG: 122 SERGEANT RM % Off List: 72.50 147.00 40.43 363.87 185 9.00 Each Herman Miller FT150.42--LZ +Base Power Harness 42W LZ:+PVC-free Tag: Tag TG: 122 SERGEANT RM % Off List: 72.50 160.00 44.00 396.00 186 7.00 Each Herman Miller FT151. +Power Harness Extender 33.00 9.08 63.56 Proposal Workscapes - Tampa 3225 E Clark St Tampa, FL 33605 Phone: 813.620.0048 www.workscapes.com Order Number 60885 Date 06/24/2022 Customer PO No Customer Name Clearwater Police Department Salesperson Reagan Smith Project Coordinator ANGELINA MAKOWSKI Terms NET 30 Page 38 of 53 Line Quantity Description List Unit Price Extended Amount Tag: Tag TG: 122 SERGEANT RM % Off List: 72.48 187 2.00 Each Herman Miller FT155.A--CL +15 Amp Receptacle 4 Circuit, Duplex, Circuit A 6/Pkg CL:+cool grey neutral Tag: Tag TG: 122 SERGEANT RM % Off List: 72.50 202.00 55.55 111.10 188 2.00 Each Herman Miller FT155.B--CL +15 Amp Receptacle 4 Circuit, Duplex, Circuit B 6/Pkg CL:+cool grey neutral Tag: Tag TG: 122 SERGEANT RM % Off List: 72.50 202.00 55.55 111.10 189 2.00 Each Herman Miller FT155M.DN--CL @Controlled Receptacle, 15 Amp, Duplex, Circuit D, 6/Pkg CL:@cool grey neutral Tag: Tag TG: 122 SERGEANT RM % Off List: 72.50 202.00 55.55 111.10 190 1.00 Each Herman Miller FT160.46BP--MS +Finished End,Base Cover Ptd 46H MS:+metallic silver Tag: Tag TG: 122 SERGEANT RM % Off List: 72.50 68.00 18.70 18.70 191 9.00 Each Herman Miller FT160.53BP--MS +Finished End,Base Cover Ptd 53H MS:+metallic silver Tag: Tag TG: 122 SERGEANT RM % Off List: 72.49 71.00 19.53 175.77 192 1.00 Each Herman Miller FT160.68BP--MS +Finished End,Base Cover Ptd 68H MS:+metallic silver 79.00 21.73 21.73 Proposal Workscapes - Tampa 3225 E Clark St Tampa, FL 33605 Phone: 813.620.0048 www.workscapes.com Order Number 60885 Date 06/24/2022 Customer PO No Customer Name Clearwater Police Department Salesperson Reagan Smith Project Coordinator ANGELINA MAKOWSKI Terms NET 30 Page 39 of 53 Line Quantity Description List Unit Price Extended Amount Tag: Tag TG: 122 SERGEANT RM % Off List: 72.49 193 7.00 Each Herman Miller FT161.15AP--MS +Finished End,Chg of Ht Standard Ptd 15H (for use with 42H frames) MS:+metallic silver Tag: Tag TG: 122 SERGEANT RM % Off List: 72.50 52.00 14.30 100.10 194 51.00 Each Herman Miller FT170.3030P--MS-MS +Lower Tile, Pntd 30H 30W MS:+metallic silver MS:+metallic silver Tag: Tag TG: 122 SERGEANT RM % Off List: 72.50 114.00 31.35 1,598.85 195 4.00 Each Herman Miller FT170.3030T--MS-8T-22 +Lower Tile, Tackable Fabric 30H 30W MS:+metallic silver 8T:+crossing-Pr Cat 1 22:+crossing tin Tag: Tag TG: 122 SERGEANT RM % Off List: 72.50 158.00 43.45 173.80 196 13.00 Each Herman Miller FT170.3030X--MS-MS +Lower Tile, Debossed 30H 30W MS:+metallic silver MS:+metallic silver Tag: Tag TG: 122 SERGEANT RM % Off List: 72.50 186.00 51.15 664.95 197 9.00 Each Herman Miller FT170.3042P--MS-MS +Lower Tile, Pntd 30H 42W MS:+metallic silver MS:+metallic silver Tag: Tag TG: 122 SERGEANT RM % Off List: 72.50 131.00 36.03 324.27 Proposal Workscapes - Tampa 3225 E Clark St Tampa, FL 33605 Phone: 813.620.0048 www.workscapes.com Order Number 60885 Date 06/24/2022 Customer PO No Customer Name Clearwater Police Department Salesperson Reagan Smith Project Coordinator ANGELINA MAKOWSKI Terms NET 30 Page 40 of 53 Line Quantity Description List Unit Price Extended Amount 198 4.00 Each Herman Miller FT170.3042T--MS-8T-22 +Lower Tile, Tackable Fabric 30H 42W MS:+metallic silver 8T:+crossing-Pr Cat 1 22:+crossing tin Tag: Tag TG: 122 SERGEANT RM % Off List: 72.50 181.00 49.78 199.12 199 3.00 Each Herman Miller FT175.1130M--MS-MS +Rail Tile,Middle 11H 30W MS:+metallic silver MS:+metallic silver Tag: Tag TG: 122 SERGEANT RM % Off List: 72.50 186.00 51.15 153.45 200 1.00 Each Herman Miller FT175.1130T--MS-MS +Rail Tile,Top 11H 30W MS:+metallic silver MS:+metallic silver Tag: Tag TG: 122 SERGEANT RM % Off List: 72.50 212.00 58.30 58.30 201 5.00 Each Herman Miller FT175.1142M--MS-MS +Rail Tile,Middle 11H 42W MS:+metallic silver MS:+metallic silver Tag: Tag TG: 122 SERGEANT RM % Off List: 72.50 223.00 61.33 306.65 202 1.00 Each Herman Miller FT180.4130T--MS-8T-22 +Tile,Full-Height,Tackable Fabric 41H 30W MS:+metallic silver 8T:+crossing-Pr Cat 1 22:+crossing tin Tag: Tag TG: 122 SERGEANT RM % Off List: 72.50 175.00 48.13 48.13 203 5.00 Herman Miller 226.00 62.15 310.75 Proposal Workscapes - Tampa 3225 E Clark St Tampa, FL 33605 Phone: 813.620.0048 www.workscapes.com Order Number 60885 Date 06/24/2022 Customer PO No Customer Name Clearwater Police Department Salesperson Reagan Smith Project Coordinator ANGELINA MAKOWSKI Terms NET 30 Page 41 of 53 Line Quantity Description List Unit Price Extended Amount Each FT180.6330T--MS-8T-22 +Tile,Full-Height,Tackable Fabric 63H 30W MS:+metallic silver 8T:+crossing-Pr Cat 1 22:+crossing tin Tag: Tag TG: 122 SERGEANT RM % Off List: 72.50 204 5.00 Each Herman Miller FT180.6342T--MS-8T-22 +Tile,Full-Height,Tackable Fabric 63H 42W MS:+metallic silver 8T:+crossing-Pr Cat 1 22:+crossing tin Tag: Tag TG: 122 SERGEANT RM % Off List: 72.50 307.00 84.43 422.15 205 32.00 Each Herman Miller FT181.0730T--MS-8T-22 +Upper Tile, Tackable Fabric 07H 30W MS:+metallic silver 8T:+crossing-Pr Cat 1 22:+crossing tin Tag: Tag TG: 122 SERGEANT RM % Off List: 72.49 79.00 21.73 695.36 206 56.00 Each Herman Miller FT181.1130T--MS-8T-18 +Upper Tile, Tackable Fabric 11H 30W MS:+metallic silver 8T:+crossing-Pr Cat 1 18:+crossing indigo Tag: Tag TG: 122 SERGEANT RM % Off List: 72.50 90.00 24.75 1,386.00 207 27.00 Each Herman Miller FT181.2230T--MS-8T-22 +Upper Tile, Tackable Fabric 22H 30W MS:+metallic silver 8T:+crossing-Pr Cat 1 22:+crossing tin Tag: Tag TG: 122 SERGEANT RM 125.00 34.38 928.26 Proposal Workscapes - Tampa 3225 E Clark St Tampa, FL 33605 Phone: 813.620.0048 www.workscapes.com Order Number 60885 Date 06/24/2022 Customer PO No Customer Name Clearwater Police Department Salesperson Reagan Smith Project Coordinator ANGELINA MAKOWSKI Terms NET 30 Page 42 of 53 Line Quantity Description List Unit Price Extended Amount % Off List: 72.50 208 5.00 Each Herman Miller FT181.2242T--MS-8T-22 +Upper Tile, Tackable Fabric 22H 42W MS:+metallic silver 8T:+crossing-Pr Cat 1 22:+crossing tin Tag: Tag TG: 122 SERGEANT RM % Off List: 72.50 144.00 39.60 198.00 209 5.00 Each Herman Miller FT290.24L--MS +Surface Cantilever, for 20"-or 24" deep surface,lft-hnd MS:+metallic silver Tag: Tag TG: 122 SERGEANT RM % Off List: 72.50 38.00 10.45 52.25 210 4.00 Each Herman Miller FT290.24R--MS +Surface Cantilever, for 20"-or 24" deep surface,rt-hnd MS:+metallic silver Tag: Tag TG: 122 SERGEANT RM % Off List: 72.50 38.00 10.45 41.80 211 9.00 Each Herman Miller FT290.30L--MS +Surface Cantilever, for 30"- deep surface,lft-hnd MS:+metallic silver Tag: Tag TG: 122 SERGEANT RM % Off List: 72.50 46.00 12.65 113.85 212 9.00 Each Herman Miller FT290.30R--MS +Surface Cantilever, for 30"- deep surface,rt-hnd MS:+metallic silver Tag: Tag TG: 122 SERGEANT RM % Off List: 72.50 46.00 12.65 113.85 213 9.00 Each Herman Miller FTS10.2442LF--LBC-LBC +Rectangular Surface,Sq-Edge, Lam Top/Thermo Edge, 24D 42W, Frame Atch 327.00 89.93 809.37 Proposal Workscapes - Tampa 3225 E Clark St Tampa, FL 33605 Phone: 813.620.0048 www.workscapes.com Order Number 60885 Date 06/24/2022 Customer PO No Customer Name Clearwater Police Department Salesperson Reagan Smith Project Coordinator ANGELINA MAKOWSKI Terms NET 30 Page 43 of 53 Line Quantity Description List Unit Price Extended Amount LBC:+walnut on ash LBC:+walnut on ash Tag: Tag TG: 122 SERGEANT RM % Off List: 72.50 214 9.00 Each Herman Miller FTS10.3060LF--LBC-LBC +Rectangular Surface,Sq-Edge, Lam Top/Thermo Edge, 30D 60W, Frame Atch LBC:+walnut on ash LBC:+walnut on ash Tag: Tag TG: 122 SERGEANT RM % Off List: 72.50 534.00 146.85 1,321.65 215 9.00 Each Herman Miller LW140.24BBF--SB-SS-MS-KC-2F-3M +Ped W-Pull,Surface Att 24D,B/B/F SB:+full-extension ball-bearing SS:+smooth paint on smooth steel MS:+metallic silver KC:+keyed differently, chrome 2F:+27 1/4" high (raised height) 3M:+drawer divider in one box drawer, pencil tray in one box drawer, 2 file converters in file drawer Tag: Tag TG: 122 SERGEANT RM % Off List: 69.00 652.00 202.12 1,819.08 216 4.00 Each Herman Miller PIA4S1SN--BK-BK-36506-G4-3SL-10 +Verus Side Chair, 4-Leg Base,4-leg base,Interweave 2 suspension back,no arms,not fire retardant BK:+black BK:+black 36506:+shale G4:+glide, carpet only 3SL:@sequel-Pr Cat 2 10:+sequel blue fog Tag: Tag TG: 122 SERGEANT RM % Off List: 55.00 504.00 226.80 907.20 217 9.00 Each Herman Miller Y1423.AA03--MS +Logic C1000 Univ Clamp Mount Dist,2 Simplex Recep,2 Pwrd USB,Pwr 515.00 208.58 1,877.22 Proposal Workscapes - Tampa 3225 E Clark St Tampa, FL 33605 Phone: 813.620.0048 www.workscapes.com Order Number 60885 Date 06/24/2022 Customer PO No Customer Name Clearwater Police Department Salesperson Reagan Smith Project Coordinator ANGELINA MAKOWSKI Terms NET 30 Page 44 of 53 Line Quantity Description List Unit Price Extended Amount Cord w/Plug End,3' Cord/Conduit MS:@metallic silver Tag: Tag TG: 122 SERGEANT RM % Off List: 59.50 218 9.00 Each Herman Miller Y1424.17--MS +Logic HD Cable Manager, 17W Tray MS:@metallic silver Tag: Tag TG: 122 SERGEANT RM % Off List: 59.50 270.00 109.35 984.15 219 9.00 Each Herman Miller Y1500.606 +Pwr Plug Strip,6 AC outlets,6' l Tag: Tag TG: 122 SERGEANT RM % Off List: 59.50 74.00 29.97 269.73 220 18.00 Each Herman Miller Y7216.10--CL +Paper Tray 10W CL:+cool grey neutral Tag: Tag TG: 122 SERGEANT RM % Off List: 59.50 38.00 15.39 277.02 221 23.00 Each Herman Miller Y7218.--CL +Diagonal Tray CL:+cool grey neutral Tag: Tag TG: 122 SERGEANT RM % Off List: 59.49 63.00 25.52 586.96 222 18.00 Each Herman Miller Y91171.CM--0I +Flo Sngle-Screen Monitor Arm Support,Surf Clamp 0I:+silver Tag: Tag TG: 122 SERGEANT RM % Off List: 59.50 411.00 166.46 2,996.28 223 1.00 Each The HON Company HTFXL29--$(P1)-.S Preside 29.5H X-Base for 48 & 60 Tops 616.00 215.91 215.91 Proposal Workscapes - Tampa 3225 E Clark St Tampa, FL 33605 Phone: 813.620.0048 www.workscapes.com Order Number 60885 Date 06/24/2022 Customer PO No Customer Name Clearwater Police Department Salesperson Reagan Smith Project Coordinator ANGELINA MAKOWSKI Terms NET 30 Page 45 of 53 Line Quantity Description List Unit Price Extended Amount $(P1):P1 Paint Opts .S:Charcoal Tag: Tag TG: 122 SERGEANT RM % Off List: 64.95 224 1.00 Each The HON Company HTLD48--.G-FW-.N-$(L1STD)-.LFW1 Preside 48"Round Shaped Laminate Top .G:2MM/Flat FW:Edge- Florence Walnut .N:No Grommets $(L1STD):Grd L1 Standard Laminates .LFW1:Florence Walnut Tag: Tag TG: 122 SERGEANT RM % Off List: 64.95 563.00 197.33 197.33 225 21.00 Each The HON Company HBTMS--.P Interlink IQ Elect Wire Mngmnt Strips .P:Color- Black Tag: Tag TG: 123 ROLL CALL % Off List: 64.95 126.00 44.16 927.36 226 11.00 Each The HON Company HMAGANG Interlink IQ Elect Ganging Hardware Tag: Tag TG: 123 ROLL CALL % Off List: 64.95 102.00 35.75 393.25 227 11.00 Each The HON Company HMS1--.N-.RE-.P7A Motivate High Density Stacker-Sled Base-Set/4 .N:Arm- No Arm .RE:Regatta .P7A:Textured Charcoal Tag: Tag TG: 123 ROLL CALL % Off List: 64.95 941.00 329.82 3,628.02 228 1.00 Each The HON Company HMSCART Motivate Cart for Stacking Chairs Tag: Tag TG: 123 ROLL CALL 540.00 189.27 189.27 Proposal Workscapes - Tampa 3225 E Clark St Tampa, FL 33605 Phone: 813.620.0048 www.workscapes.com Order Number 60885 Date 06/24/2022 Customer PO No Customer Name Clearwater Police Department Salesperson Reagan Smith Project Coordinator ANGELINA MAKOWSKI Terms NET 30 Page 46 of 53 Line Quantity Description List Unit Price Extended Amount % Off List: 64.95 229 21.00 Each The HON Company HMVR-2460G-NS--.G1-$(L1STD)-.LOFT-.FW-.C-$(P1)-.S Motivate Table Rect 24Dx60W 2mm Edge Nesting Base .G1:4x8 Electrical Port $(L1STD):Grd L1 Standard Laminates .LOFT:Loft .FW:Florence Walnut .C:Caster $(P1):P1 Paint Opts .S:Charcoal Tag: Tag TG: 123 ROLL CALL % Off List: 64.95 1,369.00 479.83 10,076.43 230 11.00 Each The HON Company HQB Interlink IQ Power Base In-Feed Tag: Tag TG: 123 ROLL CALL % Off List: 64.95 566.00 198.38 2,182.18 231 21.00 Each The HON Company HQH5-P-3P1B--.BLK MhoB G1 Pop-up Port for IQ 3 AC/1 Blank .BLK:Black Tag: Tag TG: 123 ROLL CALL % Off List: 64.95 408.00 143.00 3,003.00 232 1.00 Each Herman Miller CN122AWAA--G1-G1-C7-1HA-03 @Wk Chr,Embody,Std-Ht,Fully Adj Arms G1:+graphite G1:@graphite C7:+2 1/2" caster, black yoke, hard floors or carpet 1HA:+medley-Pr Cat 2 03:+medley charcoal Tag: Tag TG: 124 TRAINING CORP % Off List: 55.90 1,841.00 811.88 811.88 233 2.00 Each Herman Miller PIA4S1SN--BK-BK-36504-G4-3SL-10 +Verus Side Chair, 4-Leg Base,4-leg base,Interweave 2 suspension back,no arms,not fire retardant BK:+black 504.00 226.80 453.60 Proposal Workscapes - Tampa 3225 E Clark St Tampa, FL 33605 Phone: 813.620.0048 www.workscapes.com Order Number 60885 Date 06/24/2022 Customer PO No Customer Name Clearwater Police Department Salesperson Reagan Smith Project Coordinator ANGELINA MAKOWSKI Terms NET 30 Page 47 of 53 Line Quantity Description List Unit Price Extended Amount BK:+black 36504:+blue grotto G4:+glide, carpet only 3SL:@sequel-Pr Cat 2 10:+sequel blue fog Tag: Tag TG: 124 TRAINING CORP % Off List: 55.00 234 1.00 Each The HON Company H10502--$(L1STD)-.LFW1 10500 Series Floorstnd Full Ht Ped B/B/F 15-5/8W x 22-3/4D $(L1STD):Grd L1 Standard Laminates .LFW1:Florence Walnut Tag: Tag TG: 124 TRAINING CORP % Off List: 64.95 728.00 255.16 255.16 235 1.00 Each The HON Company H105383K--$(L1STD)-.LFW1-LFW1 10500 Series48"x18 1/2" Wall Mount Storage 3-Dr Locking $(L1STD):Grd L1 Standard Laminates .LFW1:Florence Walnut LFW1:Florence Walnut Tag: Tag TG: 124 TRAINING CORP % Off List: 64.95 998.00 349.80 349.80 236 1.00 Each The HON Company H10561X--$(L1STD)-.LFW1-LFW1 10500 Series Return Shell 29-1/2H x 48W x 24D $(L1STD):Grd L1 Standard Laminates .LFW1:Florence Walnut LFW1:Florence Walnut Tag: Tag TG: 124 TRAINING CORP % Off List: 64.95 556.00 194.88 194.88 237 1.00 Each The HON Company H10594--$(L1STD)-.LFW1-LFW1 10500 Series Desk Shell 72W x 36D x 29-1/2H $(L1STD):Grd L1 Standard Laminates .LFW1:Florence Walnut LFW1:Florence Walnut Tag: Tag TG: 124 TRAINING CORP % Off List: 64.95 856.00 300.03 300.03 Proposal Workscapes - Tampa 3225 E Clark St Tampa, FL 33605 Phone: 813.620.0048 www.workscapes.com Order Number 60885 Date 06/24/2022 Customer PO No Customer Name Clearwater Police Department Salesperson Reagan Smith Project Coordinator ANGELINA MAKOWSKI Terms NET 30 Page 48 of 53 Line Quantity Description List Unit Price Extended Amount 238 2.00 Each The HON Company HF23C--.X105E Lock Core Replacement Kit Brushed Chrome .X105E:KEY NUMBER- 105E Tag: Tag TG: 124 TRAINING CORP % Off List: 71.55 49.00 13.94 27.88 239 1.00 Each The HON Company HH870942 Tasklight 42W Tag: Tag TG: 124 TRAINING CORP % Off List: 74.55 267.00 67.95 67.95 240 1.00 Each The HON Company HLSL48TW--$(A)-.ECH-11 WM Tackboard for 48W WM Overhead $(A):Grd A Fabric .ECH:FABRIC- Etch 11:Fab- Midtone Tag: Tag TG: 124 TRAINING CORP % Off List: 64.95 295.00 103.40 103.40 241 1.00 Each Herman Miller CN122AWAA--G1-G1-C7-1HA-03 @Wk Chr,Embody,Std-Ht,Fully Adj Arms G1:+graphite G1:@graphite C7:+2 1/2" caster, black yoke, hard floors or carpet 1HA:+medley-Pr Cat 2 03:+medley charcoal Tag: Tag TG: 125 TRAINING CORP % Off List: 55.90 1,841.00 811.88 811.88 242 2.00 Each Herman Miller PIA4S1SN--BK-BK-36504-G4-3SL-10 +Verus Side Chair, 4-Leg Base,4-leg base,Interweave 2 suspension back,no arms,not fire retardant BK:+black BK:+black 36504:+blue grotto G4:+glide, carpet only 3SL:@sequel-Pr Cat 2 10:+sequel blue fog 504.00 226.80 453.60 Proposal Workscapes - Tampa 3225 E Clark St Tampa, FL 33605 Phone: 813.620.0048 www.workscapes.com Order Number 60885 Date 06/24/2022 Customer PO No Customer Name Clearwater Police Department Salesperson Reagan Smith Project Coordinator ANGELINA MAKOWSKI Terms NET 30 Page 49 of 53 Line Quantity Description List Unit Price Extended Amount Tag: Tag TG: 125 TRAINING CORP % Off List: 55.00 243 1.00 Each The HON Company H10502--$(L1STD)-.LFW1 10500 Series Floorstnd Full Ht Ped B/B/F 15-5/8W x 22-3/4D $(L1STD):Grd L1 Standard Laminates .LFW1:Florence Walnut Tag: Tag TG: 125 TRAINING CORP % Off List: 64.95 728.00 255.16 255.16 244 1.00 Each The HON Company H105383K--$(L1STD)-.LFW1-LFW1 10500 Series48"x18 1/2" Wall Mount Storage 3-Dr Locking $(L1STD):Grd L1 Standard Laminates .LFW1:Florence Walnut LFW1:Florence Walnut Tag: Tag TG: 125 TRAINING CORP % Off List: 64.95 998.00 349.80 349.80 245 1.00 Each The HON Company H10561X--$(L1STD)-.LFW1-LFW1 10500 Series Return Shell 29-1/2H x 48W x 24D $(L1STD):Grd L1 Standard Laminates .LFW1:Florence Walnut LFW1:Florence Walnut Tag: Tag TG: 125 TRAINING CORP % Off List: 64.95 556.00 194.88 194.88 246 1.00 Each The HON Company H10594--$(L1STD)-.LFW1-LFW1 10500 Series Desk Shell 72W x 36D x 29-1/2H $(L1STD):Grd L1 Standard Laminates .LFW1:Florence Walnut LFW1:Florence Walnut Tag: Tag TG: 125 TRAINING CORP % Off List: 64.95 856.00 300.03 300.03 247 2.00 Each The HON Company HF23C--.X104E Lock Core Replacement Kit Brushed Chrome .X104E:KEY NUMBER- 104E Tag: Tag TG: 125 TRAINING CORP 49.00 13.94 27.88 Proposal Workscapes - Tampa 3225 E Clark St Tampa, FL 33605 Phone: 813.620.0048 www.workscapes.com Order Number 60885 Date 06/24/2022 Customer PO No Customer Name Clearwater Police Department Salesperson Reagan Smith Project Coordinator ANGELINA MAKOWSKI Terms NET 30 Page 50 of 53 Line Quantity Description List Unit Price Extended Amount % Off List: 71.55 248 1.00 Each The HON Company HH870942 Tasklight 42W Tag: Tag TG: 125 TRAINING CORP % Off List: 74.55 267.00 67.95 67.95 249 1.00 Each The HON Company HLSL48TW--$(A)-.ECH-11 WM Tackboard for 48W WM Overhead $(A):Grd A Fabric .ECH:FABRIC- Etch 11:Fab- Midtone Tag: Tag TG: 125 TRAINING CORP % Off List: 64.95 295.00 103.40 103.40 250 12.00 Each The HON Company H215C--.P-$(P1)-.S 210 Series Vertical File 5 Drawer Legal w/Lock .P:Lock- Lock $(P1):P1 Paint Opts .S:Charcoal Tag: Tag TG: 126 FILES % Off List: 71.55 1,886.00 536.57 6,438.84 251 12.00 Each The HON Company HF23C--.X101E Lock Core Replacement Kit Brushed Chrome .X101E:KEY NUMBER- 101E Tag: Tag TG: 126 FILES % Off List: 71.55 49.00 13.94 167.28 252 6.00 Each Herman Miller PIA1B327NA--AJ-BK-36504-C9-3SL-10 +Verus Wk Chair, Assembled,Interweave 2 suspension back,standard- height range,synchronous w/ tilt limiter & seat angle,no arms,adj seat depth,not fire retardant AJ:+adjustable lumbar with sacral support BK:+black base/black frame 36504:+blue grotto C9:+2 1/2" braking caster, black yoke, hard floors or carpet 3SL:@sequel-Pr Cat 2 934.00 420.30 2,521.80 Proposal Workscapes - Tampa 3225 E Clark St Tampa, FL 33605 Phone: 813.620.0048 www.workscapes.com Order Number 60885 Date 06/24/2022 Customer PO No Customer Name Clearwater Police Department Salesperson Reagan Smith Project Coordinator ANGELINA MAKOWSKI Terms NET 30 Page 51 of 53 Line Quantity Description List Unit Price Extended Amount 10:+sequel blue fog Tag: Tag TG: 130 OFFICER REPORTING % Off List: 55.00 253 2.00 Each The HON Company HMG3--.N-.F-.RE-.P8M Motivate Four Leg Couner Height Stool .N:Arm- No Arm .F:Felt Glide .RE:Regatta .P8M:Regatta Tag: Tag TG: 134 GUN CLEANING RM % Off List: 64.95 490.00 171.75 343.50 254 2.00 Each The HON Company HMG1--.N-.F-.RE-.PR8 Motivate 4-Leg Stack Chair-Set/2 .N:Arm- No Arm .F:Felt Glide .RE:Regatta .PR8:Silver Texture Tag: Tag TG: 138 INTERVIEW % Off List: 64.95 672.00 235.54 471.08 255 1.00 Each SPECIAL T FLOOR-3060-RT--HPL-------GP-STD Floor Mounted Conference Table, 30"D x 60"W, Rectangle HPL:High Pressure Laminate --:Florence Walnut --:Graphite GP:Graphite STD:Standard Height Tag: Tag TG: 138 INTERVIEW % Off List: 46.67 917.00 489.07 489.07 256 1.00 Each The HON Company HASPSS--$(1)-.UR-96-.H-.BL Astir Pouf $(1):Grade 1 Uph .UR:Contourett 96:COLOR- Ocean .H:Hard Caster .BL:Black 631.00 221.17 221.17 Proposal Workscapes - Tampa 3225 E Clark St Tampa, FL 33605 Phone: 813.620.0048 www.workscapes.com Order Number 60885 Date 06/24/2022 Customer PO No Customer Name Clearwater Police Department Salesperson Reagan Smith Project Coordinator ANGELINA MAKOWSKI Terms NET 30 Page 52 of 53 Line Quantity Description List Unit Price Extended Amount Tag: Tag TG: 147 WOMEN'S LOCKER R % Off List: 64.95 257 1.00 Each WORKSCAPES, INC. (LABOR ONLY) LABOR Receive, Deliver and Install during Normal Business Hours Tag: Tag TG: ZZ-LABOR 21,532.86 21,532.86 21,532.86 258 1.00 Each SPECIAL T FREIGHT SPECIAL-T ESTIMATED FREIGHT TO SHIP TO 33605 Tag: Tag TG: ZZ-FREIGHT 270.83 270.83 270.83 Order Sub-Total :$211,663.05 TOTAL ORDER :$211,663.05 PAYMENT REMIT TO: WORKSCAPES, INC. P.O. BOX 441088 MIAMI, FL 33144-1088 Monthly Payments As Low As $6,627.17 for 36 months $5,120.13 for 48 months $4,222.68 for 60 months Above, you will find an estimated monthly payment amount for this proposal based on a 60, 48 and 36 month, $1 Purchase Option Lease. The proposed financing is SUBJECT TO CREDIT APPROVAL by LEAF Commercial Capital, Inc. or its affiliates. This monthly payment does not include sales tax and is subject to change. ** Client is responsible for ensuring all finishes as outlined on this proposal are correct. ** By engaging in business with Workscapes, you agree to the company terms and conditions. SR 580 LANDMARK DR N McMULLEN BOOTH RD ENTERPRISE RD E RIGSBY LN ALLEN AVE DEER RUN S DEER RUN N DANIEL ST BURNTFORK DR WILDWOOD DR MEADOW OAK DR EHEATHER TRL CASCADE DR LOCATION MAP PROJECTSITE ^ ² N.T.S.Scale: Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Page 1 of 1Date:1/27/2020 Proposed Countryside Police Operations Center2851 McMullen Booth Rd. Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Location Maps\2851 McMullen Booth Rd Loc.mxd Safety Harbor 212AGrid #:28-28s-16eS-T-R:WDMap Gen By:IDReviewed By: October 19, 2021 6415 Katella Avenue, Cypress CA 90630 p (714) 995-4800 f (714) 995-4855 exemplis.com State of Florida Dealer Information Sheet Contract Name & Term Alternative Source Contract (ACS) No. 56120000-19-ACS | Term: June 20, 2020 – December 1, 2023 TVR # 902039 Price Guides June 1, 2021 SitOnIt Seating Price Guide Product Line Description Task, executive, conference, guest, stacking, nesting, and cafe/task stool seating. Lounge seating, modular seating, benches, ottomans and occasional/cube tables. Benching, protective and privacy screens, dividers, tables, storage units, sit/stand solutions and office furniture ergonomic accessories. Volume Discount Task/Conference/Side/Plastic Seating Lounge Seating HATs, Tables, Benching, Screens, Ergonomic Accessories Tier (LIST) Discount Tier (LIST)Discount Tier (LIST) Discount $1 - $69,447.21 64.00% $1 - $61,730.85 59.50% Tier 1: $1 - $10,000 59.25% $69,447.22 - $138,891.64 64.72% $61,730.86 - $123,459.23 60.31% Tier 2: $10,001 - $25,000 60.25% $138,891.65 - $277,780.53 65.44% $123,459.24 - $246,916.02 61.12% Tier 3: $25,001 - $75,000 61.75% $277,780.54 - $555,555.56 66.16% $246,916.03 - $493,827.16 61.93% Tier 4: $75,001 + 63.25% For Task Seating: Partially Assembled (UC) and Fully Assembled (AC) Packaging Options are not approved for use. For Lounge Seating: Fully Assembled (P1) Packaging Option is not approved for use. Negotiated between State of Contract End User and Authorized Dealer $95 fee when ordering 3 or less Table Top units or less than 3 Lounge Products. Upholstered Seating: Ships within 2 business days using express fabrics ARO. Ships within 5 business days using all other fabrics ARO. Ships within 10 business days using leather ARO. Lounge Seating: Ships within 10 business days using express fabrics ARO. Please verify fabric grades on the SitOnIt Seating website before ordering. Ships within 2 days: Anti-Fatigue Mat, Corner Sleeve, CPU Holders, Current Power, High Tide 4; High Tide Corner, Keyboard Mechanisms, Lift and Lock, Premium Lift and Lock, Sit-to-Stand, Keyboard Trays, Longboard, Crescent Board, Mini Platform, Laptop Tray; Adapter, Laptop Drawer, Mobile Pedestals, Monitor Arms, Ocala Bases, Pencil Drawer, Plastic Shells, Switchback Bases, Tensor Bases, Value Lighting, Voyager 2-Stage/3-Leg Bases, Wire Management Ships within 3 days: Mobile Pedestal Cushions, Modesty Screens, Doodle Screens, Prise Benching, Sector Screens, Standard Worksurfaces Stain-to-Match ships within 15 days Tablet Arms ships within 21 days Custom Laminates ships within 30 days Credit card will be accepted. Orders which have entered any stage of production cannot be cancelled. Requests for cancellation are not accepted until acknowledged by Exemplis LLC. In the event cancellation is accepted by Exemplis LLC, cancellation charges may be for the entire amount of the order. Orders must have TVR number to receive this contract’s discounting. The name of the registered End User must appear in full (no abbreviations) on the Purchase Order. Authorization for return must be requested from and approved by Exemplis prior to the return of the merchandise. Returns are subject to a restocking charge equivalent to 40% of the net order plus freight. Unauthorized returns will not be accepted by Exemplis. Inside Delivery Minimum Order Delivery Packaging Requirements Payment Terms Credit Card Cancellation Purchase Order Instructions Return & Restocking October 19, 2021 6415 Katella Avenue, Cypress CA 90630 p (714) 995-4800 f (714) 995-4855 exemplis.com Warranty LIFETIME WARRANTY COVERAGE: • All SitOnIt Seating products, except where noted below • Structural Components: Prise, Switchback and Voyager 12-YEAR WARRANTY COVERAGE: • Amplify, Torsa, Wit and Novo used in multi-shift (24/7) applications. • Lounge seating and occasional/lounge tables. • Bases: Ocala, Tensor • Monitor Arms: King Cobra, Mobio series, Unity G2 series 10-YEAR WARRANTY COVERAGE: • Non-Stop Heavy Duty, Freelance Bariatric and chairs purchased with a Heavy Duty (HD) or Large and Tall (LT) option used in multi-shift (24/7) applications. • Electrical Components: Prise SEVEN-YEAR WARRANTY COVERAGE: • Electrical Components: Switchback and Voyager FIVE-YEAR WARRANTY COVERAGE: • Kickstand • Fabric, foam, knit back, mesh and plastic. • All filing products • CPU Holders • Screens • High Tide • Keyboard Trays • Lighting Fixtures • Power Components: EON, Current, Power Strips • Wire Management TWO-YEAR WARRANTY COVERAGE: • Fabric and foam cushioning for Non-Stop Heavy Duty, Freelance Heavy Duty and chairs purchased with an HD or LT option • Multipurpose felt glides • Half-Moon Pencil Drawer ONE-YEAR WARRANTY COVERAGE: • Lighting Power Supplies • Mouse Pads • Wrist Rests Contract Administration and Sales Representative Contact Derek Cairo; Manager, Contracts 6415 Katella Avenue, Cypress CA 90630 Ph: (888) 274 - 8664 | Fax: (714) 995 - 4855 Email: dcairo@exemplis.com Marc Shore, Marc Shore Associates 285 West Central Parkway, Suite 1730, Altamonte Springs, FL 32714 Ph: (407) 774-7785 | Fax: (407) 862-9354 Website: marcshoreassociates.com Alternate Contract Source (ACS) No. 56120000-19-ACS For Furniture, All Types Page 1 of 4 This Contract is made by and between the State of Florida, Department of Management Services (Department), an agency of the State of Florida, and Herman Miller, Inc. (Contractor), collectively referred to herein as the “Parties.” The Department is authorized by section 287.042(16), Florida Statutes, “To evaluate contracts let by the Federal Government, another state, or a political subdivision for the provision of commodities and contract services, and, if it is determined in writing to be cost- effective and in the best interest of the state, to enter into a written agreement authorizing an agency to make purchases under such contract.” The State of New York, Office of General Services competitively procured Group 20915- Furniture, All Types (except Hospital Room and Patient Handling), and awarded number 23109. The signed Contract with the Contractor, is attached hereto as Exhibit D (Master Agreement). The Master Agreement became effective on December 2, 2018, and is scheduled to expire on December 1, 2023. The Department evaluated the Master Agreement, and hereby acknowledges that use of the Master Agreement as an alternate contract source is cost-effective and in the best interest of the State. Accordingly, the Parties agree as follows: 1. Term and Effective Date. The initial term of this Contract will begin June 20, 2020, or on the date the Contract is fully signed by all Parties, whichever is later, and will expire December 1, 2023, consistent with the Master Agreement, unless terminated earlier in accordance with Exhibit B, Special Contract Conditions (Florida). 2. Renewal. This contract may not be renewed. DocuSign Envelope ID: D6382BE4-6DB4-409A-AE7F-4FA762A4D52B Alternate Contract Source (ACS) No. 56120000-19-ACS For Furniture, All Types Page 2 of 4 3. Modifications or Additions to Master Agreement. As used in this document, Contract (whether capitalized or not) will, unless the context requires otherwise, mean this document and all incorporated Exhibits, which set forth the entire understanding of the Parties and supersede any and all prior agreements. This Contract may only be modified or amended upon mutual written agreement by the Parties. If amendments are made to the Master Agreement, the Contractor shall: 1) notify the Department of such amendments; and 2) provided the Department is amenable to incorporating the amendments into this Contract, enter into a written amendment with the Department reflecting the addition of such amendments to this Contract. In addition to Section 2.2.1 of the Master Agreement and any additional language within the Contract regarding delivery, the Parties agree that Inside Delivery for Customers under this ACS may be further negotiated prior to purchases under this ACS. Inside Delivery rates can be found under the Terms and Conditions page: https://online.ogs.ny.gov/purchase/spg/awards/2091523109Can.htm All Exhibits attached or listed below are incorporated in their entirety into, and will form part of, this Contract. Exhibit A and Exhibit B, modify or supplement the terms and conditions of the Master Agreement. In the event of a conflict, the following order of precedence will apply: a) This Contract document and amendments, if any, with the latest issued having priority. b) Exhibit A: Additional Special Contract Conditions (Florida) c) Exhibit B: Special Contract Conditions (Florida) d) Exhibit C: Pricing Page e) Exhibit D: Master Agreement f) Exhibit E: Contract Award Notification Where the laws and regulations of a state other than the State of Florida are cited or referenced in the Contract, such citation or reference will be replaced by the comparable Florida law or regulation. 4. Purchases under this Contract. Upon execution of this Contract, agencies (as defined in section 287.012, Florida Statutes) may purchase products and services under this Contract using this State of Florida ACS No. 56120000-19-ACS. Agencies acknowledge and agree to be bound by the terms and conditions of the Contract. DocuSign Envelope ID: D6382BE4-6DB4-409A-AE7F-4FA762A4D52B Alternate Contract Source (ACS) No. 56120000-19-ACS For Furniture, All Types Page 3 of 4 5. Primary Contacts Department’s Contract Manager: Thomas Bower Division of State Purchasing Florida Department of Management Services 4050 Esplanade Way, Suite 360 Tallahassee, Florida 32399-0950 Telephone: (850) 488-6904 Email: Thomas.Bower@dms.myflorida.com Contractor’s Contract Manager: Jim McQuown Herman Miller, Inc. 855 East Main Avenue Zeeland, MI 49464 Telephone: (606) 654-7406 Email: jim_mcquown@hermanmiller.com 6. Warranty of Authority Each person signing this document warrants that he or she is duly authorized to do so and to bind the respective party. 7. Entire Agreement of the Parties This document and the attached exhibits constitute the Contract and the entire understanding of the Parties. Any amendments hereto must be in writing and signed by the Parties. DocuSign Envelope ID: D6382BE4-6DB4-409A-AE7F-4FA762A4D52B Alternate Contract Source (ACS) No. 56120000-19-ACS For Furniture, All Types Page 4 of 4 IN WITNESS THEREOF, the Parties hereto have caused this Contract, which includes the attached and incorporated Exhibits, to be executed by their undersigned officials as duly authorized. This Contract is not valid and binding until signed and dated by the Parties. CONTRACTOR STATE OF FLORIDA, HERMAN MILLER, INC. DEPARTMENT OF MANAGEMENT SERVICES _____________________________ _______________________________ Tami Fillyaw Chief of Staff _____________________________ _______________________________ Date: Date: DocuSign Envelope ID: D6382BE4-6DB4-409A-AE7F-4FA762A4D52B 8/3/2020 | 8:31 AM EDT Jacob Lanenga 8/5/2020 | 9:57 AM EDT 1 ADDITIONAL SPECIAL CONTRACT CONDITIONS Contract No. 56120000-19-ACS Exhibit A The following changes are replacing the specified subsections and sections of Exhibit B, Special Contract Conditions, and also modify or supplement the terms and conditions of the Master Agreement: 1. Section 6 Contract Reporting: The Contractor shall report information on orders received from Customers associated with this Contract. The Contractor shall submit reports in accordance with the following schedule: Report Period Covered Due Dates MFMP Transaction Fee Report Calendar month 15th calendar day of the month following the receipt of payment for the vendor’s good or services. Quarterly Sales Report State’s Fiscal Quarter 25 calendar days after close of the period • Quarterly Sales Report: The Contractor agrees to submit a Quarterly Sales Report to the Department’s Contract Manager within 25 calendar days after the close of each State Fiscal quarter. Quarterly reporting timeframes coincide with the State Fiscal Year as follows: Quarter 1 - (July-September) – due 25 calendar days after close of the period Quarter 2 - (October-December) – due 25 calendar days after close of the period Quarter 3 - (January-March) – due 25 calendar days after close of the period Quarter 4 - (April-June) – due 25 calendar days after close of the period 2. Section 7 Ad hoc Reports: The Department reserves the right to require additional reports or information pertaining to this Contract and any resulting purchase orders or contracts with customers. The Contractor must submit a report or information within fifteen (15) business days after receipt of a Department request, unless otherwise approved by the Department. 3. Section 8 Financial Consequences. Performance Metric Description Performance Target Frequency Financial Consequence for Non- Performance (Per Day Late) Quarterly Sales Report Submission Quarterly Sales Report are due on or before the 25th calendar day after close of a quarter. 100% Quarterly $100 per day with a cap of $1,000 quarterly DocuSign Envelope ID: D6382BE4-6DB4-409A-AE7F-4FA762A4D52B 2 Monthly Transaction Fee Report Transaction Fee Report are due on or before the 15th calendar day after close of the period. 100% Monthly $100 4. 3.2.2 Preferred Pricing. Removed in its entirety. 5. 3.2.3 Sales Promotions. Removed in its entirety. 6. 8.4.1 Ownership. Removed in its entirety. 7. 8.4.2 Patentable Inventions or Discoveries. Removed in its entirety. The following language modifies and supplements the Master Agreement: 1. Vendor Registration: In order to complete any transaction between a Customer and the Contractor, the Contractor must be registered in MyFloridaMarketPlace. 2. Additional Customer Terms: If any additional ordinance, rule, or other local governmental authority requires additional contract language before a Customer can make a purchase under this Contract, the Customer is responsible for entering a separate agreement with the Contractor and incorporating the additional contract language therein. 3. Employment Eligibility Verification: The language of Subsection 13.2 of the Special Contract Conditions regarding E-Verify shall apply to resellers as well as all other subcontractors. 4. Orders: Any Order placed by a Customer for a Product and/or Service available from this Contract shall be deemed to be a sale under and governed by the terms and conditions of the Contract. To the extent the Customer and the Contractor agree on additional terms, the terms will be documented on the Customer Order, and signed by the Parties. Contractor must be able to accept purchase orders via fax, e-mail, or the MyFloridaMarketPlace (MFMP). 5. Electronic Invoicing: The Contractor may supply electronic invoices in lieu of paper-based invoices for those transactions processed through MFMP. Electronic invoices may be submitted to the agency through one of the mechanisms as listed below: • EDI (Electronic Data Interchange) o This standard establishes the data contents of the Invoice Transaction Set (810) for use within the context of an Electronic Data Interchange (EDI) environment. This transaction set can be used for invoicing via the Ariba Network (AN) for catalog and non-catalog goods and services. • PO Flip via AN o The online process allows Contractors to submit invoices via the AN for catalog and non-catalog goods and services. Contractors have the ability to create an invoice directly from their Inbox in their AN account by simply "flipping" the PO into an invoice. This option does not require any special software or technical capabilities. DocuSign Envelope ID: D6382BE4-6DB4-409A-AE7F-4FA762A4D52B 2 For the purposes of this section, the Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third-party provider of MFMP, a state contractor, the right and license to use, reproduce, transmit, distribute, and publicly display within the system the information outlined above. In addition, the Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third-party provider the right and license to reproduce and display within the system the Contractor's trademarks, system marks, logos, trade dress, or other branding designation that identifies the products made available by the Contractor under the contract. The Contractor will work with the MFMP management team to obtain specific requirements for the electronic invoicing if needed. 6. Contract Reporting: The Contractor shall report information on orders received from Customers associated with this Contract. The Contractor shall submit reports in accordance with the following schedule: Report Period Covered Due Dates MFMP Transaction Fee Report Calendar month 15th calendar day of the month following the receipt of payment for the vendor’s good or services. Quarterly Sales Report State’s Fiscal Quarter 15 calendar days after close of the period No favorable action will be considered for any contractor who has outstanding Contract Quarterly Sales Reports, MFMP Transaction Fee Reports, or any other documentation, to include fees / monies that is required under this Contract. • Quarterly Sales Report: The Contractor agrees to submit a Quarterly Sales Report to the Department’s Contract Manager within 15 calendar days after the close of each State Fiscal quarter. Quarterly reporting timeframes coincide with the State Fiscal Year as follows: Quarter 1 - (July-September) – due 15 calendar days after close of the period Quarter 2 - (October-December) – due 15 calendar days after close of the period Quarter 3 - (January-March) – due 15 calendar days after close of the period Quarter 4 - (April-June) – due 15 calendar days after close of the period Quarterly Reporting periods should coincide with the Contract term and begin the quarter following Contract execution. Reports must be submitted in MS Excel format and can be retrieved by accessing the following link at FL DMS Quarterly Sales Report. The report will include all sales (orders) from Customers received (associated with this Contract) during the period. Initiation and submission of the Quarterly Sales Report is the responsibility of the Contractor without prompting or notification from the Department’s Contract Manager. If no orders are received during the period, the Contractor must submit a report stating that there was no activity. If the Contractor fails to submit two consecutive Quarterly Sales Reports, this Contract may be found to be out of compliance with the Contract requirements and terminated or the Department may choose to not renew the Contract. DocuSign Envelope ID: D6382BE4-6DB4-409A-AE7F-4FA762A4D52B 3 • MFMP Transaction Fee Report: The Contractor is required to submit monthly Transaction Fee Reports in the Department’s electronic format. Reports are due 15 calendar days after the end of the reporting period. For information on how to submit Transaction Fee Reports online, please reference the detailed fee reporting instructions and Vendor training presentations available online at the Transaction Fee Reporting and Vendor Training subsections under Vendor on the MFMP website: MFMP Transaction Fee and Reporting. Assistance is also available with the Transaction Fee Reporting System from the MFMP Customer Service Desk by email at feeprocessing@myfloridamarketplace.com or telephone 866-FLA-EPRO (866- 352-3776) from 8:00 a.m. to 6:00 p.m. Eastern Time. 7. Ad hoc Reports: The Department reserves the right to require additional reports or information pertaining to this Contract and any resulting purchase orders or contracts with customers. The Contractor must submit a report or information within five (5) business days after receipt of a Department request, unless otherwise approved by the Department. 8. Financial Consequences: The following financial consequences will apply for nonperformance of the contract by a Contractor. The State reserves the right to withhold payment or implement other appropriate remedies, such as contract termination or nonrenewal, when the Contractor has failed to perform/comply with provisions of the Contract. These consequences for non-performance are not to be considered penalties. The financial consequences will be paid via check or money order and made out to the Department of Management Services in US Dollars within 30 calendar days after the required report submission date. These consequences are individually assessed for failures over each target period beginning with the first full month or quarter of the contract performance and every quarter thereafter. Performance Metric Description Performance Target Frequency Financial Consequence for Non- Performance (Per Day Late) Quarterly Sales Report Submission Quarterly Sales Report are due on or before the 15th calendar day after close of a quarter. 100% Quarterly $250 Monthly Transaction Fee Report Transaction Fee Report are due on or before the 15th calendar day after close of the period. 100% Monthly $100 DocuSign Envelope ID: D6382BE4-6DB4-409A-AE7F-4FA762A4D52B 4 9. Business Review Meetings: The Department reserves the right to schedule business review meetings as frequently as necessary. The Department will provide the format for the Contractor's agenda. Prior to the meeting, the Contractor shall submit the completed agenda to the Department for review and acceptance. The Contractor shall address the agenda items and any of the Department’s additional concerns at the meeting. At minimum, the Parties shall meet to discuss: • Program compliance • Program trending review • Savings report: Hard dollar and soft dollar • Spend report • Subcontractor and contingent staff performance • Recommendations for improved compliance and performance Failure to comply with this section may result in the Contractor being found in default and Contract termination. 10. Subcontractors: The Contractor may use subcontractors, including resellers, in order to provide equipment and services. All subcontractors shall be the direct responsibility of the Contractor. The Contractor is responsible for all liability, terms and conditions within Master Agreement and this Contract. The Contractor’s subcontractor’s participation will be in accordance with the terms and conditions set forth in this Contract. If a subcontractor is authorized to conduct business on behalf of the Contractor and the subcontractor is to receive compensation from the Contractor for its services, then any dispute between the Contractor and the subcontractor shall be resolved between the Contractor and the subcontractor. The State of Florida is not a party to any agreement entered into between the Contractor and its subcontractors. The Contractor shall be responsible to report all contract sales (and pay any associated MFMP transaction fees), including those of any such subcontractors and shall ensure that all such subcontractors meet the following requirements: The Contractor shall be responsible to report all contract sales (and pay any associated MFMP transaction fees), including those of any such subcontractors and shall ensure that all such subcontractors meet the following requirements: • Have an ACTIVE Registration with the Florida Department of State, Division of Corporations https://dos.myflorida.com/sunbiz/ • Registered in the MFMP Vendor Information Portal https://vendor.myfloridamarketplace.com • Not be on the State of Florida’s Convicted, Suspended, or Discriminatory Vendor’s List which can be found at: • https://www.dms.myflorida.com/business_operations/state_purchasing/state_agen cy_resources/vendor_registration_and_vendor_lists • Have a copy of e-Verify Status on file • Have a current W-9 filed with the Florida Department of Financial Services https://flvendor.myfloridacfo.com. DocuSign Envelope ID: D6382BE4-6DB4-409A-AE7F-4FA762A4D52B SP approved version 7‐1‐2019 1 SPECIAL CONTRACT CONDITIONS JULY 1, 2019 VERSION Table of Contents SECTION 1. DEFINITION. .......................................................................................................................... 2 SECTION 2. CONTRACT TERM AND TERMINATION. ................................................................................ 2 SECTION 3. PAYMENT AND FEES. ............................................................................................................ 3 SECTION 4. CONTRACT MANAGEMENT. ................................................................................................. 4 SECTION 5. COMPLIANCE WITH LAWS. ................................................................................................... 6 SECTION 6. MISCELLANEOUS. ................................................................................................................. 7 SECTION 7. LIABILITY AND INSURANCE…………………………………………………………………………………………….. 9 SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT, AND INTELLECTUAL PROPERTY. ............................................................................................................................................. 10 SECTION 9. DATA SECURITY. ................................................................................................................. 12 SECTION 10. GRATUITIES, LOBBYING, AND COMMUNICATIONS. ......................................................... 13 SECTION 11. CONTRACT MONITORING. ............................................................................................... 14 SECTION 12. CONTRACT AUDITS. .......................................................................................................... 15 SECTION 13. BACKGROUND SCREENING AND SECURITY. ..................................................................... 16 SECTION 14. WARRANTY OF CONTRACTOR’S ABILITY TO PERFORM. ................................................... 17 In accordance with Rule 60A-1.002(7), F.A.C., Form PUR 1000 is included herein by reference but is superseded in its entirety by these Special Contract Conditions. DocuSign Envelope ID: D6382BE4-6DB4-409A-AE7F-4FA762A4D52B SP approved version 7‐1‐2019 2 SECTION 1. DEFINITION. The following definition applies in addition to the definitions in Chapter 287, Florida Statutes (F.S.), and Rule Chapter 60A-1, Florida Administrative Code (F.A.C.): 1.1 Customer. The agency or eligible user that purchases commodities or contractual services pursuant to the Contract. SECTION 2. CONTRACT TERM AND TERMINATION. 2.1 Initial Term. The initial term will begin on the date set forth in the Contract documents or on the date the Contract is signed by all Parties, whichever is later. 2.2 Renewal. Upon written agreement, the Department and the Contractor may renew the Contract in whole or in part only as set forth in the Contract documents, and in accordance with section 287.057(13), F.S. 2.3 Suspension of Work and Termination. 2.3.1 Suspension of Work. The Department may, at its sole discretion, suspend any or all activities under the Contract, at any time, when it is in the best interest of the State of Florida to do so. The Customer may suspend a resulting contract or purchase order, at any time, when in the best interest of the Customer to do so. The Department or Customer will provide the Contractor written notice outlining the particulars of the suspension. After receiving a suspension notice, the Contractor must comply with the notice and will cease the performance of the Contract or purchase order. Suspension of work will not entitle the Contractor to any additional compensation. The Contractor will not resume performance of the Contract or purchase order until so authorized by the Department. 2.3.2 Termination for Convenience. The Contract may be terminated by the Department in whole or in part at any time, in the best interest of the State of Florida. If the Contract is terminated before performance is completed, the Contractor will be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the Contract price as the amount of work satisfactorily performed. All work in progress will become the property of the Customer and will be turned over promptly by the Contractor. 2.3.3 Termination for Cause. If the performance of the Contractor is not in compliance with the Contract requirements or the Contractor has defaulted, the Department may: (a) immediately terminate the Contract; (b) notify the Contractor of the noncompliance or default, require correction, and specify the date by which the correction must be completed before the Contract is terminated; or (c) take other action deemed appropriate by the Department. DocuSign Envelope ID: D6382BE4-6DB4-409A-AE7F-4FA762A4D52B SP approved version 7‐1‐2019 3 SECTION 3. PAYMENT AND FEES. 3.1 Pricing. The Contractor will not exceed the pricing set forth in the Contract documents. 3.2 Price Decreases. The following price decrease terms will apply to the Contract: 3.2.1 Quantity Discounts. Contractor may offer additional discounts for one-time delivery of large single orders; 3.2.2 Preferred Pricing. The Contractor guarantees that the pricing indicated in this Contract is a maximum price. Additionally, Contractor’s pricing will not exceed the pricing offered under comparable contracts. Comparable contracts are those that are similar in size, scope, and terms. In compliance with section 216.0113, F.S., Contractor must annually submit an affidavit from the Contractor’s authorized representative attesting that the Contract complies with this clause. 3.2.3 Sales Promotions. In addition to decreasing prices for the balance of the Contract term due to a change in market conditions, the Contractor may conduct sales promotions involving price reductions for a specified lesser period. The Contractor must submit documentation identifying the proposed: (1) starting and ending dates of the promotion, (2) commodities or contractual services involved, and (3) promotional prices compared to then-authorized prices. 3.3 Payment Invoicing. The Contractor will be paid upon submission of invoices to the Customer after delivery and acceptance of commodities or contractual services is confirmed by the Customer. Invoices must contain sufficient detail for an audit and contain the Contract Number and the Contractor’s Federal Employer Identification Number. 3.4 Purchase Order. A Customer may use purchase orders to buy commodities or contractual services pursuant to the Contract and, if applicable, the Contractor must provide commodities or contractual services pursuant to purchase orders. Purchase orders issued pursuant to the Contract must be received by the Contractor no later than the close of business on the last day of the Contract’s term. The Contractor is required to accept timely purchase orders specifying delivery schedules that extend beyond the Contract term even when such extended delivery will occur after expiration of the Contract. Purchase orders shall be valid through their specified term and performance by the Contractor, and all terms and conditions of the Contract shall survive the termination or expiration of the Contract and apply to the Contractor’s performance. The duration of purchase orders for recurring deliverables shall not exceed the expiration of the Contract by more than twelve months. Any purchase order terms and conditions conflicting with these Special Contract Conditions shall not become a part of the Contract. 3.5 Travel. Travel expenses are not reimbursable unless specifically authorized by the Customer in writing and may be reimbursed only in accordance with section 112.061, F.S. DocuSign Envelope ID: D6382BE4-6DB4-409A-AE7F-4FA762A4D52B SP approved version 7‐1‐2019 4 3.6 Annual Appropriation. Pursuant to section 287.0582, F.S., if the Contract binds the State of Florida or an agency for the purchase of services or tangible personal property for a period in excess of one fiscal year, the State of Florida’s performance and obligation to pay under the Contract is contingent upon an annual appropriation by the Legislature. 3.7 Transaction Fees. The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system pursuant to section 287.057(22), F.S. All payments issued by Customers to registered Vendors for purchases of commodities or contractual services will be assessed Transaction Fees as prescribed by rule 60A-1.031, F.A.C., or as may otherwise be established by law. Vendors must pay the Transaction Fees and agree to automatic deduction of the Transaction Fees when automatic deduction becomes available. Vendors will submit any monthly reports required pursuant to the rule. All such reports and payments will be subject to audit. Failure to comply with the payment of the Transaction Fees or reporting of transactions will constitute grounds for declaring the Vendor in default and subject the Vendor to exclusion from business with the State of Florida. 3.8 Taxes. Taxes, customs, and tariffs on commodities or contractual services purchased under the Contract will not be assessed against the Customer or Department unless authorized by Florida law. 3.9 Return of Funds. Contractor will return any overpayments due to unearned funds or funds disallowed pursuant to the terms of the Contract that were disbursed to the Contractor. The Contractor must return any overpayment within forty (40) calendar days after either discovery by the Contractor, its independent auditor, or notification by the Department or Customer of the overpayment. SECTION 4. CONTRACT MANAGEMENT. 4.1 Composition and Priority. The Contractor agrees to provide commodities or contractual services to the Customer as specified in the Contract. Additionally, the terms of the Contract supersede the terms of all prior agreements between the Parties on this subject matter. 4.2 Notices. All notices required under the Contract must be delivered to the designated Contract Manager in a manner identified by the Department. 4.3 Department’s Contract Manager. The Department’s Contract Manager, who is primarily responsible for the Department’s oversight of the Contract, will be identified in a separate writing to the Contractor upon Contract signing in the following format: Department’s Contract Manager Name DocuSign Envelope ID: D6382BE4-6DB4-409A-AE7F-4FA762A4D52B SP approved version 7‐1‐2019 5 Department’s Name Department’s Physical Address Department’s Telephone # Department’s Email Address If the Department changes the Contract Manager, the Department will notify the Contractor. Such a change does not require an amendment to the Contract. 4.4 Contractor’s Contract Manager. The Contractor’s Contract Manager, who is primarily responsible for the Contractor’s oversight of the Contract performance, will be identified in a separate writing to the Department upon Contract signing in the following format: Contractor’s Contract Manager Name Contractor’s Name Contractor’s Physical Address Contractor’s Telephone # Contractor’s Email Address If the Contractor changes its Contract Manager, the Contractor will notify the Department. Such a change does not require an amendment to the Contract. 4.5 Diversity. 4.5.1 Office of Supplier Diversity. The State of Florida supports its diverse business community by creating opportunities for woman-, veteran-, and minority-owned small business enterprises to participate in procurements and contracts. The Department encourages supplier diversity through certification of woman-, veteran-, and minority-owned small business enterprises and provides advocacy, outreach, and networking through regional business events. For additional information, please contact the Office of Supplier Diversity (OSD) at osdinfo@dms.myflorida.com. 4.5.2 Diversity Reporting. Upon request, the Contractor will report to the Department its spend with business enterprises certified by the OSD. These reports must include the time period covered, the name and Federal Employer Identification Number of each business enterprise utilized during the period, commodities and contractual services provided by the business enterprise, and the amount paid to the business enterprise on behalf of each agency purchasing under the Contract. 4.6 RESPECT. Subject to the agency determination provided for in section 413.036, F.S., the following statement applies: IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES THAT ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM A NONPROFIT AGENCY FOR THE BLIND OR FOR THE SEVERELY HANDICAPPED THAT IS QUALIFIED PURSUANT TO CHAPTER 413, FLORIDA STATUTES, IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 413.036(1) AND (2), FLORIDA STATUTES; DocuSign Envelope ID: D6382BE4-6DB4-409A-AE7F-4FA762A4D52B SP approved version 7‐1‐2019 6 AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THE STATE AGENCY INSOFAR AS DEALINGS WITH SUCH QUALIFIED NONPROFIT AGENCY ARE CONCERNED. Additional information about RESPECT and the commodities or contractual services it offers is available at https://www.respectofflorida.org. 4.7 PRIDE. Subject to the agency determination provided for in sections 287.042(1) and 946.515, F.S., the following statement applies: IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES WHICH ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM THE CORPORATION IDENTIFIED UNDER CHAPTER 946, F.S., IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 946.515(2) AND (4), F.S.; AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THIS AGENCY INSOFAR AS DEALINGS WITH SUCH CORPORATION ARE CONCERNED. Additional information about PRIDE and the commodities or contractual services it offers is available at https://www.pride-enterprises.org. SECTION 5. COMPLIANCE WITH LAWS. 5.1 Conduct of Business. The Contractor must comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and authority. For example, the Contractor must comply with section 274A of the Immigration and Nationality Act, the Americans with Disabilities Act, Health Insurance Portability and Accountability Act, if applicable, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran’s status. The provisions of subparagraphs 287.058(1)(a)-(c), and (g), F.S., are hereby incorporated by reference. 5.2 Dispute Resolution, Governing Law, and Venue. Any dispute concerning performance of the Contract shall be decided by the Department's designated Contract Manager, who will reduce the decision to writing and serve a copy on the Contractor. The decision of the Contract Manager shall be final and conclusive. Exhaustion of this administrative remedy is an absolute condition precedent to the Contractor's ability to pursue legal action related to the Contract or any other form of dispute resolution. The laws of the State of Florida govern the Contract. The Parties submit to the jurisdiction of the courts of the State of Florida exclusively for any legal action related to the Contract. Further, the Contractor hereby waives all privileges and rights relating to venue it may have under Chapter 47, F.S., and all such venue privileges and rights it may have under any other statute, rule, or case law, including, but not limited to, those based on convenience. The Contractor hereby submits to venue in the county chosen by the Department. 5.3 Department of State Registration. DocuSign Envelope ID: D6382BE4-6DB4-409A-AE7F-4FA762A4D52B SP approved version 7‐1‐2019 7 Consistent with Title XXXVI, F.S., the Contractor and any subcontractors that assert status, other than a sole proprietor, must provide the Department with conclusive evidence of a certificate of status, not subject to qualification, if a Florida business entity, or of a certificate of authorization if a foreign business entity. 5.4 Suspended, Convicted, and Discriminatory Vendor Lists. In accordance with sections 287.042, 287.133, and 287.134, F.S., an entity or affiliate who is on the Suspended Vendor List, Convicted Vendor List, or Discriminatory Vendor List may not perform work as a contractor, supplier, subcontractor, or consultant under the Contract. The Contractor must notify the Department if it or any of its suppliers, subcontractors, or consultants have been placed on the Suspended Vendor List, Convicted Vendor List, or Discriminatory Vendor List during the term of the Contract. 5.5 Scrutinized Companies - Termination by the Department. The Department may, at its option, terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287.135(5), F.S., or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. 5.6 Cooperation with Inspector General and Records Retention. Pursuant to section 20.055(5), F.S., the Contractor understands and will comply with its duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. Upon request of the Inspector General or any other authorized State official, the Contractor must provide any information the Inspector General deems relevant to the Contractor's integrity or responsibility. Such information may include, but will not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor will retain such records for the longer of five years after the expiration of the Contract, or the period required by the General Records Schedules maintained by the Florida Department of State, at the Department of State’s Records Management website. The Contractor agrees to reimburse the State of Florida for the reasonable costs of investigation incurred by the Inspector General or other authorized State of Florida official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State of Florida which results in the suspension or debarment of the Contractor. Such costs will include but will not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The Contractor agrees to impose the same obligations to cooperate with the Inspector General and retain records on any subcontractors used to provide goods or services under the Contract. SECTION 6. MISCELLANEOUS. 6.1 Subcontractors. The Contractor will not subcontract any work under the Contract without prior written consent of the Department. The Contractor is fully responsible for satisfactory completion of all its subcontracted work. The Department supports diversity in its procurements and contracts, and requests that the Contractor offer subcontracting opportunities to certified woman-, veteran-, and minority-owned small businesses. The DocuSign Envelope ID: D6382BE4-6DB4-409A-AE7F-4FA762A4D52B SP approved version 7‐1‐2019 8 Contractor may contact the OSD at osdhelp@dms.myflorida.com for information on certified small business enterprises available for subcontracting opportunities. 6.2 Assignment. The Contractor will not sell, assign, or transfer any of its rights, duties, or obligations under the Contract without the prior written consent of the Department. However, the Contractor may waive its right to receive payment and assign same upon notice to the Department. In the event of any assignment, the Contractor remains responsible for performance of the Contract, unless such responsibility is expressly waived by the Department. The Department may assign the Contract with prior written notice to the Contractor. 6.3 Independent Contractor. The Contractor and its employees, agents, representatives, and subcontractors are independent contractors and not employees or agents of the State of Florida and are not entitled to State of Florida benefits. The Department and Customer will not be bound by any acts or conduct of the Contractor or its employees, agents, representatives, or subcontractors. The Contractor agrees to include this provision in all its subcontracts under the Contract. 6.4 Inspection and Acceptance of Commodities. 6.4.1 Risk of Loss. Matters of inspection and acceptance are addressed in section 215.422, F.S. Until acceptance, risk of loss or damage will remain with the Contractor. The Contractor will be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer will: record any evidence of visible damage on all copies of the delivering carrier’s bill of lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the carrier’s bill of lading and damage inspection report. 6.4.2 Rejected Commodities. When a Customer rejects a commodity, Contractor will remove the commodity from the premises within ten (10) calendar days after notification of rejection, and the risk of loss will remain with the Contractor. Commodities not removed by the Contractor within ten (10) calendar days will be deemed abandoned by the Contractor, and the Customer will have the right to dispose of such commodities. Contractor will reimburse the Customer for costs and expenses incurred in storing or effecting removal or disposition of rejected commodities. 6.5 Safety Standards. Performance of the Contract for all commodities or contractual services must comply with requirements of the Occupational Safety and Health Act and other applicable State of Florida and federal requirements. 6.6 Ombudsman. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this office are found in section 215.422, F.S., which include disseminating information relative to prompt payment and assisting contractors in receiving their payments in a timely manner from a Customer. The Vendor Ombudsman may be contacted at (850) 413-5516. DocuSign Envelope ID: D6382BE4-6DB4-409A-AE7F-4FA762A4D52B SP approved version 7‐1‐2019 9 6.7 Time is of the Essence. Time is of the essence regarding every obligation of the Contractor under the Contract. Each obligation is deemed material, and a breach of any such obligation (including a breach resulting from untimely performance) is a material breach. 6.8 Waiver. The delay or failure by the Department or the Customer to exercise or enforce any rights under the Contract will not constitute waiver of such rights. 6.9 Modification and Severability. The Contract may only be modified by written agreement between the Department and the Contractor. Should a court determine any provision of the Contract is invalid, the remaining provisions will not be affected, and the rights and obligations of the Parties will be construed and enforced as if the Contract did not contain the provision held invalid. 6.10 Cooperative Purchasing. Pursuant to their own governing laws, and subject to the agreement of the Contractor, governmental entities that are not Customers may make purchases under the terms and conditions contained herein, if agreed to by Contractor. Such purchases are independent of the Contract between the Department and the Contractor, and the Department is not a party to these transactions. Agencies seeking to make purchases under this Contract are required to follow the requirements of Rule 60A-1.045(5), F.A.C. SECTION 7. LIABILITY AND INSURANCE. 7.1 Workers’ Compensation Insurance. The Contractor shall maintain workers’ compensation insurance as required under the Florida Workers’ Compensation Law or the workers’ compensation law of another jurisdiction where applicable. The Contractor must require all subcontractors to similarly provide workers’ compensation insurance for all of the latter’s employees. In the event work is being performed by the Contractor under the Contract and any class of employees performing the work is not protected under Workers’ Compensation statutes, the Contractor must provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of employees not otherwise protected. 7.2 General Liability Insurance. The Contractor must secure and maintain Commercial General Liability Insurance, including bodily injury, property damage, products, personal and advertising injury, and completed operations. This insurance must provide coverage for all claims that may arise from performance of the Contract or completed operations, whether by the Contractor or anyone directly or indirectly employed by the Contractor. Such insurance must include the State of Florida as an additional insured for the entire length of the resulting contract. The Contractor is responsible for determining the minimum limits of liability necessary to provide reasonable financial protections to the Contractor and the State of Florida under the resulting contract. 7.3 Florida Authorized Insurers. DocuSign Envelope ID: D6382BE4-6DB4-409A-AE7F-4FA762A4D52B SP approved version 7‐1‐2019 10 All insurance shall be with insurers authorized and eligible to transact the applicable line of insurance business in the State of Florida. The Contractor shall provide Certification(s) of Insurance evidencing that all appropriate coverage is in place and showing the Department to be an additional insured. 7.4 Performance Bond. Unless otherwise prohibited by law, the Department may require the Contractor to furnish, without additional cost to the Department, a performance bond or irrevocable letter of credit or other form of security for the satisfactory performance of work hereunder. The Department shall determine the type and amount of security. 7.5 Indemnification. To the extent permitted by Florida law, the Contractor agrees to indemnify, defend, and hold the Customer and the State of Florida, its officers, employees, and agents harmless from all fines, claims, assessments, suits, judgments, or damages, including consequential, special, indirect, and punitive damages, including court costs and attorney’s fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret, or intellectual property right or out of any acts, actions, breaches, neglect, or omissions of the Contractor, its employees, agents, subcontractors, assignees, or delegates related to the Contract, as well as for any determination arising out of or related to the Contract that the Contractor or Contractor’s employees, agents, subcontractors, assignees, or delegates are not independent contractors in relation to the Customer. The Contract does not constitute a waiver of sovereign immunity or consent by the Customer or the State of Florida or its subdivisions to suit by third parties. Without limiting this indemnification, the Customer may provide the Contractor (1) written notice of any action or threatened action, (2) the opportunity to take over and settle or defend any such action at Contractor’s sole expense, and (3) assistance in defending the action at Contractor’s sole expense. 7.6 Limitation of Liability. Unless otherwise specifically enumerated in the Contract or in the purchase order, neither the Department nor the Customer shall be liable for special, indirect, punitive, or consequential damages, including lost data or records (unless the Contract or purchase order requires the Contractor to back-up data or records), even if the Department or Customer has been advised that such damages are possible. Neither the Department nor the Customer shall be liable for lost profits, lost revenue, or lost institutional operating savings. The Department or Customer may, in addition to other remedies available to them at law or equity and upon notice to the Contractor, retain such monies from amounts due Contractor as may be necessary to satisfy any claim for damages, penalties, costs, and the like asserted by or against them. The State may set off any liability or other obligation of the Contractor or its affiliates to the State against any payments due the Contractor under any contract with the State. SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT, AND INTELLECTUAL PROPERTY. 8.1 Public Records. 8.1.1 Termination of Contract. DocuSign Envelope ID: D6382BE4-6DB4-409A-AE7F-4FA762A4D52B SP approved version 7‐1‐2019 11 The Department may terminate the Contract for refusal by the Contractor to comply with this section by not allowing access to all public records, as defined in Chapter 119, F. S., made or received by the Contractor in conjunction with the Contract. 8.1.2 Statutory Notice. Pursuant to section 119.0701(2)(a), F.S., for contracts for services with a contractor acting on behalf of a public agency, as defined in section 119.011(2), F.S., the following applies: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT THE TELEPHONE NUMBER, EMAIL ADDRESS, AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDER. Pursuant to section 119.0701(2)(b), F.S., for contracts for services with a contractor acting on behalf of a public agency as defined in section 119.011(2), F.S., the Contractor shall: (a) Keep and maintain public records required by the public agency to perform the service. (b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law for the duration of the Contract term and following the completion of the Contract if the Contractor does not transfer the records to the public agency. (d) Upon completion of the Contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the Contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. 8.2 Protection of Trade Secrets or Otherwise Confidential Information. 8.2.1 Contractor Designation of Trade Secrets or Otherwise Confidential Information. If the Contractor considers any portion of materials to be trade secret under section 688.002 or 812.081, F.S., or otherwise confidential under Florida or federal law, the Contractor must clearly designate that portion of the materials as trade secret or otherwise confidential when submitted to the Department. The Contractor will be DocuSign Envelope ID: D6382BE4-6DB4-409A-AE7F-4FA762A4D52B SP approved version 7‐1‐2019 12 responsible for responding to and resolving all claims for access to Contract-related materials it has designated trade secret or otherwise confidential. 8.2.2 Public Records Requests. If the Department receives a public records request for materials designated by the Contractor as trade secret or otherwise confidential under Florida or federal law, the Contractor will be responsible for taking the appropriate legal action in response to the request. If the Contractor fails to take appropriate and timely action to protect the materials designated as trade secret or otherwise confidential, the Department will provide the materials to the requester. 8.2.3 Indemnification Related to Confidentiality of Materials. The Contractor will protect, defend, indemnify, and hold harmless the Department for claims, costs, fines, and attorney’s fees arising from or relating to its designation of materials as trade secret or otherwise confidential. 8.3 Document Management. The Contractor must retain sufficient documentation to substantiate claims for payment under the Contract and all other records, electronic files, papers, and documents that were made in relation to this Contract. The Contractor must retain all documents related to the Contract for five (5) years after expiration of the Contract or, if longer, the period required by the General Records Schedules maintained by the Florida Department of State available at the Department of State’s Records Management website. 8.4 Intellectual Property. 8.4.1 Ownership. Unless specifically addressed otherwise in the Contract, the State of Florida shall be the owner of all intellectual property rights to all property created or developed in connection with the Contract. 8.4.2 Patentable Inventions or Discoveries. Any inventions or discoveries developed in the course, or as a result, of services in connection with the Contract that are patentable pursuant to 35 U.S.C. § 101 are the sole property of the State of Florida. Contractor must inform the Customer of any inventions or discoveries developed or made through performance of the Contract, and such inventions or discoveries will be referred to the Florida Department of State for a determination on whether patent protection will be sought. The State of Florida will be the sole owner of all patents resulting from any invention or discovery made through performance of the Contract. 8.4.3 Copyrightable Works. Contractor must notify the Department or State of Florida of any publications, artwork, or other copyrightable works developed in connection with the Contract. All copyrights created or developed through performance of the Contract are owned solely by the State of Florida. SECTION 9. DATA SECURITY. DocuSign Envelope ID: D6382BE4-6DB4-409A-AE7F-4FA762A4D52B SP approved version 7‐1‐2019 13 The Contractor will maintain the security of State of Florida data including, but not limited to, maintaining a secure area around any displayed visible data and ensuring data is stored and secured when not in use. The Contractor and subcontractors will not perform any of the services from outside of the United States, and the Contractor will not allow any State of Florida data to be sent by any medium, transmitted, or accessed outside the United States due to Contractor’s action or inaction. In the event of a security breach involving State of Florida data, the Contractor shall give notice to the Customer and the Department within one business day. “Security breach” for purposes of this section will refer to a confirmed event that compromises the confidentiality, integrity, or availability of data. Once a data breach has been contained, the Contractor must provide the Department with a post-incident report documenting all containment, eradication, and recovery measures taken. The Department reserves the right in its sole discretion to enlist a third party to audit Contractor’s findings and produce an independent report, and the Contractor will fully cooperate with the third party. The Contractor will also comply with all HIPAA requirements and any other state and federal rules and regulations regarding security of information. SECTION 10. GRATUITIES, LOBBYING, AND COMMUNICATIONS. 10.1 Gratuities. The Contractor will not, in connection with this Contract, directly or indirectly (1) offer, give, or agree to give anything of value to anyone as consideration for any State of Florida officer’s or employee’s decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone anything of value for the benefit of, or at the direction or request of, any State of Florida officer or employee. 10.2 Lobbying. In accordance with sections 11.062 and 216.347, F.S., Contract funds are not to be used for the purpose of lobbying the Legislature, the judicial branch, or the Department. Pursuant to section 287.058(6), F.S., the Contract does not prohibit the Contractor from lobbying the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding the Contract after the Contract is executed and during the Contract term. 10.3 Communications. 10.3.1 Contractor Communication or Disclosure. The Contractor shall not make any public statements, press releases, publicity releases, or other similar communications concerning the Contract or its subject matter or otherwise disclose or permit to be disclosed any of the data or other information obtained or furnished in compliance with the Contract, without first notifying the Customer’s Contract Manager and securing the Customer’s prior written consent. 10.3.2 Use of Customer Statements. The Contractor shall not use any statement attributable to the Customer or its employees for the Contractor’s promotions, press releases, publicity releases, marketing, corporate communications, or other similar communications, without first notifying the Customer’s Contract Manager and securing the Customer’s prior written consent. DocuSign Envelope ID: D6382BE4-6DB4-409A-AE7F-4FA762A4D52B SP approved version 7‐1‐2019 14 SECTION 11. CONTRACT MONITORING. 11.1 Performance Standards. The Contractor agrees to perform all tasks and provide deliverables as set forth in the Contract. The Department and the Customer will be entitled at all times, upon request, to be advised as to the status of work being done by the Contractor and of the details thereof. 11.2 Performance Deficiencies and Financial Consequences of Non-Performance. 11.2.1 Proposal of Corrective Action Plan. In addition to the processes set forth in the Contract (e.g., service level agreements), if the Department or Customer determines that there is a performance deficiency that requires correction by the Contractor, then the Department or Customer will notify the Contractor. The correction must be made within a time-frame specified by the Department or Customer. The Contractor must provide the Department or Customer with a corrective action plan describing how the Contractor will address all performance deficiencies identified by the Department or Customer. 11.2.2 Retainage for Unacceptable Corrective Action Plan or Plan Failure. If the corrective action plan is unacceptable to the Department or Customer, or implementation of the plan fails to remedy the performance deficiencies, the Department or Customer will retain ten percent (10%) of the total invoice amount. The retainage will be withheld until the Contractor resolves the performance deficiencies. If the performance deficiencies are resolved, the Contractor may invoice the Department or Customer for the retained amount. If the Contractor fails to resolve the performance deficiencies, the retained amount will be forfeited to compensate the Department or Customer for the performance deficiencies. 11.3 Performance Delay. 11.3.1 Notification. The Contractor will promptly notify the Department or Customer upon becoming aware of any circumstances that may reasonably be expected to jeopardize the timely and successful completion (or delivery) of any commodity or contractual service. The Contractor will use commercially reasonable efforts to avoid or minimize any delays in performance and will inform the Department or the Customer of the steps the Contractor is taking or will take to do so, and the projected actual completion (or delivery) time. If the Contractor believes a delay in performance by the Department or the Customer has caused or will cause the Contractor to be unable to perform its obligations on time, the Contractor will promptly so notify the Department and use commercially reasonable efforts to perform its obligations on time notwithstanding the Department’s delay. 11.3.2 Liquidated Damages. The Contractor acknowledges that delayed performance will damage the DepartmentCustomer, but by their nature such damages are difficult to ascertain. Accordingly, the liquidated damages provisions stated in the Contract documents will apply. Liquidated damages are not intended to be a penalty and are solely intended to compensate for damages. 11.4 Force Majeure, Notice of Delay, and No Damages for Delay. DocuSign Envelope ID: D6382BE4-6DB4-409A-AE7F-4FA762A4D52B SP approved version 7‐1‐2019 15 The Contractor will not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its employees or agents contributed to the delay, and the delay is due directly to fire, explosion, earthquake, windstorm, flood, radioactive or toxic chemical hazard, war, military hostilities, terrorism, civil emergency, embargo, riot, strike, violent civil unrest, or other similar cause wholly beyond the Contractor’s reasonable control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Contractor. The foregoing does not excuse delay which could have been avoided if the Contractor implemented any risk mitigation required by the Contract. In case of any delay the Contractor believes is excusable, the Contractor will notify the Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten (10) calendar days after the cause that created or will create the delay first arose, if the Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable, within five (5) calendar days after the date the Contractor first had reason to believe that a delay could result. The foregoing will constitute the Contractor’s sole remedy or excuse with respect to delay. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages will be asserted by the Contractor. The Contractor will not be entitled to an increase in the Contract price or payment of any kind from the Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist the Contractor will perform at no increased cost, unless the Department determines, in its sole discretion, that the delay will significantly impair the value of the Contract to the State of Florida or to Customers, in which case the Department may (1) accept allocated performance or deliveries from the Contractor, provided that the Contractor grants preferential treatment to Customers and the Department with respect to commodities or contractual services subjected to allocation, or (2) purchase from other sources (without recourse to and by the Contractor for the related costs and expenses) to replace all or part of the commodity or contractual services that are the subject of the delay, which purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole or in part. SECTION 12. CONTRACT AUDITS. 12.1 Performance or Compliance Audits. The Department may conduct or have conducted performance and/or compliance audits of the Contractor and subcontractors as determined by the Department. The Department may conduct an audit and review all the Contractor’s and subcontractors’ data and records that directly relate to the Contract. To the extent necessary to verify the Contractor’s fees and claims for payment under the Contract, the Contractor’s agreements or contracts with subcontractors, partners, or agents of the Contractor, pertaining to the Contract, may be inspected by the Department upon fifteen (15) calendar days’ notice, during normal working hours and in accordance with the Contractor’s facility access procedures where facility access is required. Release statements from its subcontractors, partners, or agents are not required for the Department or its designee to conduct compliance and performance audits on any of the Contractor’s contracts relating to this Contract. The Inspector General, in accordance with section 5.6, the State of Florida’s Chief Financial Officer, the Office of the Auditor General also have authority to perform audits and inspections. DocuSign Envelope ID: D6382BE4-6DB4-409A-AE7F-4FA762A4D52B SP approved version 7‐1‐2019 16 12.2 Payment Audit. Records of costs incurred under terms of the Contract will be maintained in accordance with section 8.3 of these Special Contract Conditions. Records of costs incurred will include the Contractor’s general accounting records, together with supporting documents and records of the Contractor and all subcontractors performing work, and all other records of the Contractor and subcontractors considered necessary by the Department, the State of Florida’s Chief Financial Officer, or the Office of the Auditor General. SECTION 13. BACKGROUND SCREENING AND SECURITY. 13.1 Background Check. The Department or Customer may require the Contractor to conduct background checks of its employees, agents, representatives, and subcontractors as directed by the Department or Customer. The cost of the background checks will be borne by the Contractor. The Department or Customer may require the Contractor to exclude the Contractor’s employees, agents, representatives, or subcontractors based on the background check results. In addition, the Contractor must ensure that all persons have a responsibility to self-report to the Contractor within three (3) calendar days any arrest for any disqualifying offense. The Contractor must notify the Contract Manager within twenty-four (24) hours of all details concerning any reported arrest. Upon the request of the Department or Customer, the Contractor will re-screen any of its employees, agents, representatives, and subcontractors during the term of the Contract. 13.2 E-Verify. The Contractor must use the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired during the term of the Contract for the services specified in the Contract. The Contractor must also include a requirement in subcontracts that the subcontractor must utilize the E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. In order to implement this provision, the Contractor must provide a copy of its DHS Memorandum of Understanding (MOU) to the Contract Manager within five (5) calendar days of Contract execution. If the Contractor is not enrolled in DHS E- Verify System, it will do so within five (5) calendar days of notice of Contract award and provide the Contract Manager a copy of its MOU within five (5) calendar days of Contract execution. The link to E-Verify is https://www.uscis.gov/e-verify. Upon each Contractor or subcontractor new hire, the Contractor must provide a statement within five (5) calendar days to the Contract Manager identifying the new hire with its E-Verify case number. 13.3 Disqualifying Offenses. If at any time it is determined that a person has been found guilty of a misdemeanor or felony offense as a result of a trial or has entered a plea of guilty or nolo contendere, regardless of whether adjudication was withheld, within the last six (6) years from the date of the court’s determination for the crimes listed below, or their equivalent in any jurisdiction, the Contractor is required to immediately remove that person from any position with access to State of Florida data or directly performing services under the Contract. The disqualifying offenses are as follows: (a) Computer related crimes; (b) Information technology crimes; DocuSign Envelope ID: D6382BE4-6DB4-409A-AE7F-4FA762A4D52B SP approved version 7‐1‐2019 17 (c) Fraudulent practices; (d) False pretenses; (e) Frauds; (f) Credit card crimes; (g) Forgery; (h) Counterfeiting; (i) Violations involving checks or drafts; (j) Misuse of medical or personnel records; and (k) Felony theft. 13.4 Confidentiality. The Contractor must maintain confidentiality of all confidential data, files, and records related to the commodities or contractual services provided pursuant to the Contract and must comply with all state and federal laws, including, but not limited to sections 381.004, 384.29, 392.65, and 456.057, F.S. The Contractor’s confidentiality procedures must be consistent with the most recent version of the Department security policies, protocols, and procedures. The Contractor must also comply with any applicable professional standards with respect to confidentiality of information. SECTION 14. WARRANTY OF CONTRACTOR’S ABILITY TO PERFORM. The Contractor warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Contractor’s ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate is currently on the Suspended Vendor List, Convicted Vendor List, or the Discriminatory Vendor List, or on any similar list maintained by any other state or the federal government. The Contractor shall immediately notify the Department in writing if its ability to perform is compromised in any manner during the term of the Contract. DocuSign Envelope ID: D6382BE4-6DB4-409A-AE7F-4FA762A4D52B Page 1 of 8 Contract Summary Name: Florida, State of Division of Purchasing/Work Expire Date: 12/1/2023 11:59:59 PM Status: Active Primary Sales Lead: Henry Ramos/Herman Miller Contract Type: FPA -Complex Contract Manager: Jim McQuown/Herman Miller Region: 38 -Florida Last Modified: 12/7/2021 2:42:52 PM Customer Florida, State of Division of Purchasing 4050 Esplanade Way Room 315F Tallahassee, FL 32399 Account Type: Government - Std Price List Parent Contract: 99999.A.000 CBC Code: 16 DUNs Number: 360719454 Ultimate DUNs: 004078374 Invoice: Dealer Project HMI Projected Volume (List): 30078.0000 City: Tallahassee State/Pr: FL Country: US Order Date: 08/14/2020 Ship Date: 09/01/2020 Install Date: 09/04/2020 Customer Number Name Start Date End Date D099000 All Dealers per Authorized Regions Selected 12/07/2021 12/01/2023 Florida, State of Division of Purchasing 12/07/2021 12/01/2023 Sales Lead Henry Ramos/Herman Miller Pricing Product Low Range High Range End User Discounts Program **Celle (TR)$0.00 $500,000.00 60.00% **Celle (TR)$500,000.01 $750,000.00 60.00% **Celle (TR)$750,000.01 Negotiable Negotiable **Meridian Verticals (MV)$0.00 $500,000.00 64.00% **Meridian Verticals (MV)$500,000.01 $750,000.00 65.00% **Meridian Verticals (MV)$750,000.01 Negotiable Negotiable Accessories (8)$0.00 $500,000.00 72.50% Accessories (8)$500,000.01 $750,000.00 74.50% Accessories (8)$750,000.01 Negotiable Negotiable Action Office® 1 & AO2 Panels (B)$0.00 $500,000.00 72.50% Action Office® 1 & AO2 Panels (B)$500,000.01 $750,000.00 74.50% Action Office® 1 & AO2 Panels (B)$750,000.01 Negotiable Negotiable Action Office® 2 Components (J)$0.00 $500,000.00 72.50% Action Office® 2 Components (J)$500,000.01 $750,000.00 74.50% Action Office® 2 Components (J)$750,000.01 Negotiable Negotiable Aeron® Chairs (EC)$0.00 $500,000.00 61.00% Aeron® Chairs (EC)$500,000.01 $750,000.00 62.00% Aeron® Chairs (EC)$750,000.01 Negotiable Negotiable American Leather (AM)$0.00 $500,000.00 40.00% American Leather (AM)$500,000.01 $750,000.00 42.00% American Leather (AM)$750,000.01 Negotiable Negotiable Page 2 of 8 Aside® Seating (PD)$0.00 $500,000.00 60.40% Aside® Seating (PD)$500,000.01 $750,000.00 61.00% Aside® Seating (PD)$750,000.01 Negotiable Negotiable Canvas Beam (FW)$0.00 $500,000.00 72.00% Canvas Beam (FW)$500,000.01 $750,000.00 74.00% Canvas Beam (FW)$750,000.01 Negotiable Negotiable Canvas Channel (FZ)$0.00 $500,000.00 72.00% Canvas Channel (FZ)$500,000.01 $750,000.00 74.00% Canvas Channel (FZ)$750,000.01 Negotiable Negotiable Canvas Dock (FD)$0.00 $500,000.00 72.00% Canvas Dock (FD)$500,000.01 $750,000.00 74.00% Canvas Dock (FD)$750,000.01 Negotiable Negotiable Canvas Group (FR)$0.00 $500,000.00 72.00% Canvas Group (FR)$500,000.01 $750,000.00 74.00% Canvas Group (FR)$750,000.01 Negotiable Negotiable Canvas Metal Storage (FM)$0.00 $500,000.00 72.00% Canvas Metal Storage (FM)$500,000.01 $750,000.00 74.00% Canvas Metal Storage (FM)$750,000.01 Negotiable Negotiable Canvas Office Landscape Metal Desk (FK)$0.00 $500,000.00 72.00% Canvas Office Landscape Metal Desk (FK)$500,000.01 $750,000.00 74.00% Canvas Office Landscape Metal Desk (FK)$750,000.01 Negotiable Negotiable Canvas Private Office (FV)$0.00 $500,000.00 72.50% Canvas Private Office (FV)$500,000.01 $750,000.00 74.50% Canvas Private Office (FV)$750,000.01 Negotiable Negotiable Canvas Vista (FX)$0.00 $500,000.00 72.00% Canvas Vista (FX)$500,000.01 $750,000.00 74.00% Canvas Vista (FX)$750,000.01 Negotiable Negotiable Canvas Wall (FT)$0.00 $500,000.00 72.50% Canvas Wall (FT)$500,000.01 $750,000.00 74.50% Canvas Wall (FT)$750,000.01 Negotiable Negotiable Canvas Wood Storage (FF)$0.00 $500,000.00 72.00% Canvas Wood Storage (FF)$500,000.01 $750,000.00 74.00% Canvas Wood Storage (FF)$750,000.01 Negotiable Negotiable Caper® Chair (WC)$0.00 $500,000.00 60.00% Caper® Chair (WC)$500,000.01 $750,000.00 61.00% Caper® Chair (WC)$750,000.01 Negotiable Negotiable Chadwick Modular Seating (V)$0.00 $500,000.00 48.00% Chadwick Modular Seating (V)$500,000.01 $750,000.00 48.00% Chadwick Modular Seating (V)$750,000.01 Negotiable Negotiable Co/Struc® (S)$0.00 $500,000.00 55.50% Co/Struc® (S)$500,000.01 $750,000.00 55.50% Co/Struc® (S)$750,000.01 Negotiable Negotiable ColourForm Sofa Group (CU)$0.00 $500,000.00 48.00% ColourForm Sofa Group (CU)$500,000.01 $750,000.00 48.00% ColourForm Sofa Group (CU)$750,000.01 Negotiable Negotiable Cosm (FC)$0.00 $500,000.00 55.00% Cosm (FC)$500,000.01 $750,000.00 55.00% Cosm (FC)$750,000.01 Negotiable Negotiable C-Style Overhead Storage (CS)$0.00 $500,000.00 72.50% C-Style Overhead Storage (CS)$500,000.01 $750,000.00 74.50% Page 3 of 8 C-Style Overhead Storage (CS)$750,000.01 Negotiable Negotiable Eames Molded Plastic&Wire (VT)$0.00 $500,000.00 40.00% Eames Molded Plastic&Wire (VT)$500,000.01 $750,000.00 51.00% Eames Molded Plastic&Wire (VT)$750,000.01 Negotiable Negotiable Eames® Aluminum Group (H)$0.00 $500,000.00 48.00% Eames® Aluminum Group (H)$500,000.01 $750,000.00 48.00% Eames® Aluminum Group (H)$750,000.01 Negotiable Negotiable Eames® Conference & Dining Tables (F)$0.00 $500,000.00 73.00% Eames® Conference & Dining Tables (F)$500,000.01 $750,000.00 74.00% Eames® Conference & Dining Tables (F)$750,000.01 Negotiable Negotiable Eames® Lounge & Classic Seating (E)$0.00 $500,000.00 48.00% Eames® Lounge & Classic Seating (E)$500,000.01 $750,000.00 48.00% Eames® Lounge & Classic Seating (E)$750,000.01 Negotiable Negotiable Eames® Stone & Outdoor Tables (ET)$0.00 $500,000.00 46.00% Eames® Stone & Outdoor Tables (ET)$500,000.01 $750,000.00 48.00% Eames® Stone & Outdoor Tables (ET)$750,000.01 Negotiable Negotiable Eames® Tandem Seating (L)$0.00 $500,000.00 48.00% Eames® Tandem Seating (L)$500,000.01 $750,000.00 51.00% Eames® Tandem Seating (L)$750,000.01 Negotiable Negotiable Embody (CN)$0.00 $500,000.00 55.90% Embody (CN)$500,000.01 $750,000.00 55.90% Embody (CN)$750,000.01 Negotiable Negotiable Energy Distribution Systems (C)$0.00 $500,000.00 72.50% Energy Distribution Systems (C)$500,000.01 $750,000.00 74.50% Energy Distribution Systems (C)$750,000.01 Negotiable Negotiable Ethospace® (U)$0.00 $500,000.00 72.50% Ethospace® (U)$500,000.01 $750,000.00 74.50% Ethospace® (U)$750,000.01 Negotiable Negotiable Everywhere Tables (IV)$0.00 $500,000.00 70.00% Everywhere Tables (IV)$500,000.01 $750,000.00 71.00% Everywhere Tables (IV)$750,000.01 Negotiable Negotiable Exclave Performance Gear (EX)$0.00 $500,000.00 56.90% Exclave Performance Gear (EX)$500,000.01 $750,000.00 56.90% Exclave Performance Gear (EX)$750,000.01 Negotiable Negotiable Generic (R)$0.00 $500,000.00 72.50% Generic (R)$500,000.01 $750,000.00 74.50% Generic (R)$750,000.01 Negotiable Negotiable HAYHM (2C)$0.00 $500,000.00 46.00% HAYHM (2C)$500,000.01 $750,000.00 48.00% HAYHM (2C)$750,000.01 Negotiable Negotiable Headway Tables (IM)$0.00 $500,000.00 70.00% Headway Tables (IM)$500,000.01 $750,000.00 71.00% Headway Tables (IM)$750,000.01 Negotiable Negotiable Intent (CF)$0.00 $500,000.00 55.00% Intent (CF)$500,000.01 $750,000.00 55.00% Intent (CF)$750,000.01 Negotiable Negotiable Intersect® Portfolio (CP)$0.00 $500,000.00 55.50% Intersect® Portfolio (CP)$500,000.01 $750,000.00 56.50% Intersect® Portfolio (CP)$750,000.01 Negotiable Negotiable Keyn (TV)$0.00 $500,000.00 55.00% Page 4 of 8 Keyn (TV)$500,000.01 $750,000.00 55.00% Keyn (TV)$750,000.01 Negotiable Negotiable Layout Studio (LS)$0.00 $500,000.00 56.90% Layout Studio (LS)$500,000.01 $750,000.00 56.90% Layout Studio (LS)$750,000.01 Negotiable Negotiable Lighting (A)$0.00 $500,000.00 72.50% Lighting (A)$500,000.01 $750,000.00 74.50% Lighting (A)$750,000.01 Negotiable Negotiable Limerick® Seating (PO)$0.00 $500,000.00 59.00% Limerick® Seating (PO)$500,000.01 $750,000.00 60.00% Limerick® Seating (PO)$750,000.01 Negotiable Negotiable Lino (MI)$0.00 $500,000.00 55.00% Lino (MI)$500,000.01 $750,000.00 55.00% Lino (MI)$750,000.01 Negotiable Negotiable Locale (BR)$0.00 $500,000.00 61.00% Locale (BR)$500,000.01 $750,000.00 61.00% Locale (BR)$750,000.01 Negotiable Negotiable Magis Alliance (CW)$0.00 $500,000.00 40.00% Magis Alliance (CW)$500,000.01 $750,000.00 40.00% Magis Alliance (CW)$750,000.01 Negotiable Negotiable Meridian Towers (MG)$0.00 $500,000.00 62.00% Meridian Towers (MG)$500,000.01 $750,000.00 63.00% Meridian Towers (MG)$750,000.01 Negotiable Negotiable Meridian® Laterals (MF)$0.00 $500,000.00 64.00% Meridian® Laterals (MF)$500,000.01 $750,000.00 65.00% Meridian® Laterals (MF)$750,000.01 Negotiable Negotiable Meridian® Pedestals (MP)$0.00 $500,000.00 62.00% Meridian® Pedestals (MP)$500,000.01 $750,000.00 63.00% Meridian® Pedestals (MP)$750,000.01 Negotiable Negotiable Meridian® Storage Cases/Book Cases (MS)$0.00 $500,000.00 62.00% Meridian® Storage Cases/Book Cases (MS)$500,000.01 $750,000.00 63.00% Meridian® Storage Cases/Book Cases (MS)$750,000.01 Negotiable Negotiable Mirra 2 (LF)$0.00 $500,000.00 60.50% Mirra 2 (LF)$500,000.01 $750,000.00 60.50% Mirra 2 (LF)$750,000.01 Negotiable Negotiable Modern Classics (ER)$0.00 $500,000.00 48.00% Modern Classics (ER)$500,000.01 $750,000.00 48.00% Modern Classics (ER)$750,000.01 Negotiable Negotiable Mora System (CH)$0.00 $500,000.00 55.00% Mora System (CH)$500,000.01 $750,000.00 56.00% Mora System (CH)$750,000.01 Negotiable Negotiable Motia Table (AH)$0.00 $500,000.00 70.00% Motia Table (AH)$500,000.01 $750,000.00 70.00% Motia Table (AH)$750,000.01 Negotiable Negotiable Naughtone (NO)$0.00 $500,000.00 43.00% Naughtone (NO)$500,000.01 $750,000.00 43.00% Naughtone (NO)$750,000.01 Negotiable Negotiable Nevi Link Height Adj Bench (IL)$0.00 $500,000.00 69.00% Nevi Link Height Adj Bench (IL)$500,000.01 $750,000.00 69.00% Nevi Link Height Adj Bench (IL)$750,000.01 Negotiable Negotiable Page 5 of 8 Nevi Sit-to-Stand Tables (ID)$0.00 $500,000.00 69.00% Nevi Sit-to-Stand Tables (ID)$500,000.01 $750,000.00 69.00% Nevi Sit-to-Stand Tables (ID)$750,000.01 Negotiable Negotiable Objects (AB)$0.00 $500,000.00 48.00% Objects (AB)$500,000.01 $750,000.00 48.00% Objects (AB)$750,000.01 Negotiable Negotiable Overlay (MN)$0.00 $500,000.00 49.00% Overlay (MN)$500,000.01 $750,000.00 51.00% Overlay (MN)$750,000.01 Negotiable Negotiable Plex™ Lounge Furniture (XX)$0.00 $500,000.00 48.00% Plex™ Lounge Furniture (XX)$500,000.01 $750,000.00 51.00% Plex™ Lounge Furniture (XX)$750,000.01 Negotiable Negotiable Prospect (CB)$0.00 $500,000.00 55.00% Prospect (CB)$500,000.01 $750,000.00 55.00% Prospect (CB)$750,000.01 Negotiable Negotiable Public Office Landscape (BV)$0.00 $500,000.00 57.90% Public Office Landscape (BV)$500,000.01 $750,000.00 57.90% Public Office Landscape (BV)$750,000.01 Negotiable Negotiable Renew Link (IB)$0.00 $500,000.00 69.00% Renew Link (IB)$500,000.01 $750,000.00 69.00% Renew Link (IB)$750,000.01 Negotiable Negotiable Renew Tables (IE)$0.00 $500,000.00 69.00% Renew Tables (IE)$500,000.01 $750,000.00 69.00% Renew Tables (IE)$750,000.01 Negotiable Negotiable Resolve® (RS)$0.00 $500,000.00 67.50% Resolve® (RS)$500,000.01 $750,000.00 67.50% Resolve® (RS)$750,000.01 Negotiable Negotiable Sayl Chairs (AV)$0.00 $500,000.00 58.40% Sayl Chairs (AV)$500,000.01 $750,000.00 58.40% Sayl Chairs (AV)$750,000.01 Negotiable Negotiable Setu (RY)$0.00 $500,000.00 55.90% Setu (RY)$500,000.01 $750,000.00 55.90% Setu (RY)$750,000.01 Negotiable Negotiable Swoop (OA)$0.00 $500,000.00 56.90% Swoop (OA)$500,000.01 $750,000.00 56.90% Swoop (OA)$750,000.01 Negotiable Negotiable Textiles (K)$0.00 $500,000.00 72.50% Textiles (K)$500,000.01 $750,000.00 74.50% Textiles (K)$750,000.01 Negotiable Negotiable Thrive Global (Z3)$0.00 $500,000.00 59.50% Thrive Global (Z3)$500,000.01 $750,000.00 60.50% Thrive Global (Z3)$750,000.01 Negotiable Negotiable Thrive Portfolio (ZZ)$0.00 $500,000.00 59.50% Thrive Portfolio (ZZ)$500,000.01 $750,000.00 60.50% Thrive Portfolio (ZZ)$750,000.01 Negotiable Negotiable Thrive Portfolio - CBS (Z2)$0.00 $500,000.00 59.50% Thrive Portfolio - CBS (Z2)$500,000.01 $750,000.00 60.50% Thrive Portfolio - CBS (Z2)$750,000.01 Negotiable Negotiable Tu Laterals (UL)$0.00 $500,000.00 69.00% Tu Laterals (UL)$500,000.01 $750,000.00 70.00% Page 6 of 8 Tu Laterals (UL)$750,000.01 Negotiable Negotiable Tu Pedestals (UP)$0.00 $500,000.00 69.00% Tu Pedestals (UP)$500,000.01 $750,000.00 70.00% Tu Pedestals (UP)$750,000.01 Negotiable Negotiable Tu Storage (US)$0.00 $500,000.00 69.00% Tu Storage (US)$500,000.01 $750,000.00 70.00% Tu Storage (US)$750,000.01 Negotiable Negotiable Tu Towers (UT)$0.00 $500,000.00 69.00% Tu Towers (UT)$500,000.01 $750,000.00 70.00% Tu Towers (UT)$750,000.01 Negotiable Negotiable Tu Wood Cases (UW)$0.00 $500,000.00 68.00% Tu Wood Cases (UW)$500,000.01 $750,000.00 68.00% Tu Wood Cases (UW)$750,000.01 Negotiable Negotiable Tu Wood Credenzas (UJ)$0.00 $500,000.00 68.00% Tu Wood Credenzas (UJ)$500,000.01 $750,000.00 68.00% Tu Wood Credenzas (UJ)$750,000.01 Negotiable Negotiable Tu Wood Cubbies (UH)$0.00 $500,000.00 68.00% Tu Wood Cubbies (UH)$500,000.01 $750,000.00 68.00% Tu Wood Cubbies (UH)$750,000.01 Negotiable Negotiable Tu Wood Peds (UF)$0.00 $500,000.00 68.00% Tu Wood Peds (UF)$500,000.01 $750,000.00 68.00% Tu Wood Peds (UF)$750,000.01 Negotiable Negotiable Tu Wood Towers (UI)$0.00 $500,000.00 68.00% Tu Wood Towers (UI)$500,000.01 $750,000.00 68.00% Tu Wood Towers (UI)$750,000.01 Negotiable Negotiable Verus (PI)$0.00 $500,000.00 55.00% Verus (PI)$500,000.01 $750,000.00 55.00% Verus (PI)$750,000.01 Negotiable Negotiable Page 7 of 8 Price Protection Product Price Date From To Maximum Increase All Products()01/06/2020 12/07/2021 12/30/2021 0.0000 All Products()06/07/2021 12/31/2021 12/01/2023 0.0000 Terms Type Name Term Effective Expiration Codes; Alternate Shipping FOB Plant/Prepaid Code: 1F This term is used to assign the order management alternate shipping code for a direct sell to the end user (Alaska/Hawaii shipping codes). Reference standard terms or the Operations/Freight/Shipping term for sales agreement language. 12/07/2021 12/01/2023 Special Dealer Codes; Payment Standard: 2% 15, Net 30 Days Code: 6 This term is used to assign the order management payment code for a dealer sell. 12/07/2021 12/01/2023 Special Dealer Codes; Shipping Standard: FOB Plant/Prepaid Code: 1F This term is used to assign the order management shipping code for a dealer sell. 12/07/2021 12/01/2023 Special Dealer Codes; Alternate Shipping FOB Plant/Prepaid Code: 1F This term is used to assign the order management alternate shipping code for a dealer sell (Alaska/Hawaii shipping codes). 12/07/2021 12/01/2023 Standard Terms of Sale, Domestic Standard Terms at Time of Order Entry Standard domestic terms of sale at time of order entry will apply.12/07/2021 12/01/2023 Operations; Freight/Shipping *FOB Destination FOB Destination Freight Prepaid Seller's list prices include freight to any point within the 48 contiguous United States. For orders shipped to Alaska, Hawaii, Puerto Rico, or other United States territory, freight is included only to the port of embarkation. Shipments beyond that point are freight collect. Orders placed with Seller's authorized dealers are governed by the shipping terms mutually agreed between Buyer and those dealers. 12/07/2021 12/01/2023 Page 8 of 8 For orders placed directly with Seller: Products are shipped FOB Buyer's first destination by a method selected by Seller to a destination designated by Buyer within the continental United States. Buyer obtains title to Products and assumes the risk of loss for them upon arrival at Buyer's destination. If Buyer designates shipment to Alaska, Hawaii, Puerto Rico, or other offshore United States territory, Products are shipped FOB Seller's plant by a method selected by Seller to the destination designated by Buyer. Upon shipment from Seller's plant, Buyer obtains title to Products and assumes the risk of loss for them. Price; Protection 06/07/2021 Price List 06/07/2021 Price List 12/07/2021 12/01/2023 Price; Rebate Florida 1% Rebate 1% fee paid to the State of Florida per the terms of the Agreement 12/07/2021 12/01/2023 Reporting Sales Reports, Bi-Annually Due 15th day following end of 6 mo. period See file for data and format requirements 12/07/2021 12/01/2023 Replaceable/ Recoverable Components Extremely Strong Construction with Lifetime Warranty Discount to State: All Integra Products: 55.87% off Base Discount + additional discount at volume tiers below: Volume Discount: $100,000 -$200,000 List 56.8% total discount $200,001 -$400,000 List 57.26% total discount Over $400,000 List 58.19% total discount Delivery & Installation:All service costs –delivery, installation, design services -will be negotiated and added by the local servicing dealer. Freight is included on orders $7500 and above; actual freight will be added below this minimum order amount. Price List: Current Price List is 2021 Order Procedures: Institutions will work with and send PO to a dealer. Please include the End-User info for reporting purposes. HUB-Certification: Integra is a nationally certified Women’s Business Enterprise and a Women-Owned Small Business through the WBENC and WBDC-Chicago. FL DMS–State Purchasing 850-488-8440 Integra –800.235.0234 https://www.dms.myflorida.com/ www.integraseating.compurchasingcustomerservice@dms.fl.gov customerservice@integraseating.com Integra furniture offers: Beautiful Designs State of Florida Contract 56120000-19-ACS for Furniture, All Types Utilizing the New York State Contract #23109 Effective to 12/1/2023 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0653 Agenda Date: 7/21/2022 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.7 SUBJECT/RECOMMENDATION: Approve an Interlocal Agreement (ILA) between Pinellas County, the Town of Belleair, and Cities of Belleair Beach, Belleair Bluffs, Clearwater, Dunedin, Indian Rocks Beach, Largo, Seminole, and Tarpon Springs for a funding match for a Southwest Florida Water Management District Cooperative Funding Initiative Grant in the amount of $34,629.00 for the Clearwater Harbor/St. Joseph Sound Comprehensive Conservation Management Plan Surface Water Resource Assessment Update and authorize the appropriate officials to execute same. (consent) SUMMARY: Pinellas County acquired a $200,000 grant from the Southwest Florida Water Management District to conduct an update of the Comprehensive Conservation Management Plan (CCMP) of Clearwater Harbor and St. Joseph Sound. The agreement partners are responsible for the grant match of $200,000 of which $34,629 is the City of Clearwater’s share. APPROPRIATION CODE AND AMOUNT: 4191365-530300 $34,629 Funds are available in cost code 4191365-530300, Contractual Services, to fund the grant match. Page 1 City of Clearwater Printed on 7/20/2022 Page 1 of 16 INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY, THE TOWN OF BELLEAIR, AND THE CITIES OF BELLEAIR BEACH, BELLEAIR BLUFFS, CLEARWATER, DUNEDIN, INDIAN ROCKS BEACH, LARGO, SEMINOLE, AND TARPON SPRINGS FOR FUNDING MATCH OF A SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT COOPERATIVE FUNDING INITIATIVE GRANT FOR CLEARWATER HARBOR / ST. JOSEPH SOUND COMPREHENSIVE CONSERVATION AND MANAGEMENT PLAN SURFACE WATER RESOURCE ASSESSMENT UPDATE This INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY, THE TOWN OF BELLEAIR, AND THE CITIES OF BELLEAIR BEACH, BELLEAIR BLUFFS, CLEARWATER, DUNEDIN, INDIAN ROCKS BEACH, LARGO, SEMINOLE, AND TARPON SPRINGS FOR FUNDING MATCH OF A SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (SWFWMD) COOPERATIVE FUNDING INITIATIVE (CFI) GRANT FOR CLEARWATER HARBOR / ST JOSEPH SOUND (CHSJS) COMPREHENSIVE CONSERVATION AND MANAGEMENT PLAN (CCMP) SURFACE WATER RESOURCE ASSESSMENT (SWRA) UPDATE (“AGREEMENT”) is entered into this ____day of ___________, 2022, by and between PINELLAS COUNTY, a political subdivision of the State of Florida (“COUNTY”), the TOWN OF BELLEAIR, a municipal corporation (“BELLEAIR”), the CITY OF BELLEAIR BEACH a municipal corporation (“BELLEAIR BEACH”), the CITY OF BELLEAIR BLUFFS, a municipal corporation (“BELLEAIR BLUFFS”), the CITY OF CLEARWATER, a municipal corporation (“CLEARWATER”), the CITY OF DUNEDIN, a municipal corporation (“DUNEDIN”), the CITY OF INDIAN ROCKS BEACH, a municipal corporation (“INDIAN ROCKS BEACH”), the CITY OF LARGO, a municipal corporation (“LARGO”), the CITY OF SEMINOLE, a municipal corporation (“SEMINOLE”), and the CITY OF TARPON SPRINGS, a municipal corporation (“TARPON SPRINGS”), together collectively known as “PARTNERS.” W I T N E S S E T H: WHEREAS, pursuant to the PARTNERS’ National Pollutant Discharge Elimination System Municipal Separate Storm Sewer System (MS4) Permit (FLS000005), PARTNERS are responsible for reducing nutrient pollution into impaired waterbodies in their respective jurisdictions; and WHEREAS, PARTNERS acknowledge that there is a shared responsibility to address the sources of nutrient pollution, particularly in impaired waters; and WHEREAS, Clearwater Harbor and St. Joseph Sound (CHSJS) have experienced elevated levels of total nitrogen in recent years and are on the State of Florida Impaired Waters List; and WHEREAS, PARTNERS agree that it is necessary to determine sources of nutrient pollution in CHSJS in order to prioritize remedies; and Page 2 of 16 WHEREAS, on October 1, 2021, COUNTY received a $200,000 matching grant (the “SWFWMD GRANT”) from SWFWMD to update the CHSJS CCMP SWRA (the “PROJECT”); and WHEREAS, PARTNERS wish to assist the COUNTY by providing collectively the total sum of $114,296 toward the $200,000 COUNTY match for the SWFWMD GRANT; and WHEREAS, PARTNERS agree that allocating such cost share based on each PARTNER’s land area acreage is equitable; NOW, THEREFORE, in consideration of the mutual covenants, conditions, and terms set forth herein, PARTNERS agree as follows: SECTION 1. PURPOSE The sole purpose of this AGREEMENT is to establish the funding amount that each PARTNER will contribute to the PROJECT; SWFWMD (who is not a PARTNER to this AGREEMENT) is also contributing 50% of the PROJECT cost through the SWFWMD GRANT, which is attached hereto as Exhibit A. This AGREEMENT does not require any PARTNER other than COUNTY to take any action performing the PROJECT. SECTION 2. CONDITION SUBSEQUENT Should the SWFWMD GRANT be terminated at any time, COUNTY shall promptly notify all other PARTNERS, and this AGREEMENT shall terminate upon receipt of such notice by all other PARTNERS. Together with such notices, COUNTY shall refund any received payments from each PARTNER that have not been expended in furtherance of the PROJECT as of the date of such notices. SECTION 3. DUTIES OF PARTNERS COUNTY agrees to complete the PROJECT, using the PARTNERS’ contributions, the COUNTY’S contribution, and the SWFWMD GRANT, as detailed in Exhibit A (PROJECT PLAN) of the SWFWMD GRANT. The COUNTY shall use the PARTNERS’ contributions only to fund the PROJECT. If the total cost of the PROJECT is less than $400,000, the COUNTY shall reimburse the PARNTERS a pro rata portion of the amount of the total contributions that are not expended on the PROJECT. Each PARTNER agrees to contribute the following respective amounts in furtherance of the PROJECT; the sum of these amounts is $200,000.00: COUNTY: $ 85,704.00 BELLEAIR: $ 5,191.00 Page 3 of 16 BELLEAIR BEACH: $ 1,399.00 BELLEAIR BLUFFS: $ 1,367.00 CLEARWATER: $ 34,629.00 DUNEDIN: $ 28,601.00 INDIAN ROCKS BEACH: $ 2,413.00 LARGO: $ 15,681.00 SEMINOLE: $ 2,092.00 TARPON SPRINGS: $ 22,923.00 Each PARTNER, except for COUNTY, shall mail a check to COUNTY for its entire respective share of the SWFWMD GRANT match by December 31, 2024, OR for partial amount in installments, as determined by each PARTNER, with the total amount to be paid by December 31, 2024. The check shall be made payable to the Pinellas County Board of County Commissioners and mailed to Pinellas County Environmental Management, Attn: Stacey Day, 22211 U.S. 19 N, Bldg 10, Clearwater, FL 33765. If any PARTNER does not mail its required payment to COUNTY by December 31, 2024, COUNTY shall promptly notify the other PARTNERS of the non-paying PARTNER’s breach of this AGREEMENT. SECTION 4. NOTICES All notices, payments, and other written communications between PARTNERS shall be sent by electronic mail, certified U.S. mail, or courier delivery service. Notices shall be considered effective when delivered as reflected by an electronic mail read receipt, a certified mail delivery receipt, or a courier service delivery receipt. Any notices, invoices, payments, and written communications shall be delivered to each party’s Project Manager as provided below: PINELLAS COUNTY: Environmental Management Division Attn: Stacey Day Environmental Program Manager 22211 US Hwy 19 N, Bldg 10 Clearwater, FL 33765 sday@pinellascounty.org BELLEAIR: Town of Belleair Attn: JP Murphy Town Manager 901 Ponce de Leon Blvd Belleair, FL 33756 jmurphy@townofbelleair.net Page 4 of 16 BELLEAIR BEACH: City of Belleair Beach Attn: Lynn Rives City Manager 444 Causeway Blvd Belleair Beach, FL 33786 Lynn.rives@cityofbelleairbeach.com BELLEAIR BLUFFS: City of Belleair Bluffs Attn: Russ Schmader Public Works Supervisor 2747 Sunset Blvd Belleair Bluffs, FL 22770 rschmader@belleairbluffs-fl.gov CLEARWATER: City of Clearwater Attn: Rich Gardner Director, Clearwater Public Utilities 1650 N. Arcturas Ave., Building C Clearwater, FL 33765 Rich.Gardner@MyClearwater.com DUNEDIN: City of Dunedin Attn: Michelle Monteclaro Stormwater Program Manager 1405 County Road 1 Dunedin, FL 34698 MMonteclaro@DunedinFL.Net INDIAN ROCKS BEACH: City of Indian Rocks Beach Attn: Dean Scharmen Public Works Director 1507 Bay Palm Blvd Indian Rocks Beach, FL 33785 dscharmen@irbcity.com LARGO: City of Largo Attn: Shelby Beauchemin Environmental Services Dept. Director 5100 150th Ave N Clearwater, FL 33760 sbeauche@largo.com SEMINOLE: City of Seminole Attn: Rodney Due Director of Public Works 11195 70th Ave N Seminole, FL 33772 rdue@myseminole.com TARPON SPRINGS: City of Tarpon Springs Attn: Anthony Mannello Streets and Stormwater Supervisor 324 East Pine St Tarpon Springs, FL 34689 amannello@ctsfl.us SECTION 5. NON APPROPRIATION This AGREEMENT is not a general obligation of any PARTNER. It is understood that neither this AGREEMENT nor any representation by any employee or officer of any PARTNER creates any obligation to appropriate or make monies available for the purpose of this AGREEMENT beyond the fiscal year in which this AGREEMENT is executed. No liability shall be incurred by any PARTNER beyond the monies budgeted and available for this purpose. If funds are not appropriated by any PARTNER for any or all of their contribution under this AGREEMENT, that PARTNER shall not be obligated to pay any sums provided pursuant to this AGREEMENT beyond the portion for which funds are appropriated. Each PARTNER agrees to promptly notify all other PARTNERS in writing of such failure of appropriation, and upon receipt of such notice by all other PARTNERS, this AGREEMENT shall be terminated as to that PARTNER, but this AGREEMENT shall remain in full force and effect as to the remaining PARTNERS. Page 5 of 16 SECTION 6. ENTIRE AGREEMENT AND MODIFICATION This AGREEMENT embodies the whole agreement of PARTNERS with respect to the SWFWMD GRANT and the PROJECT. There are no promises, terms, conditions, or allegations other than those contained herein and this AGREEMENT shall supersede all previous communications, representations, and agreements, whether written or verbal, between PARTNERS. This AGREEMENT may be amended, extended, or terminated only by mutual written agreement of all PARTNERS at any time. SECTION 7. AGREEMENT TERM After this AGREEMENT has been fully executed by all PARTNERS, COUNTY shall file this AGREEMENT with the Clerk of Circuit Court of Pinellas County, at which time this AGREEMENT shall take effect. This AGREEMENT shall remain in effect until December 31, 2026, unless extended or terminated in accordance with the terms herein. SECTION 8. LIABILITY Each PARTNER shall be responsible for its own negligence under this AGREEMENT. Nothing herein is intended as a waiver of sovereign immunity or the limitations set forth in F.S. § 768.28 by any PARTNER, nor shall anything herein be construed as consent to be sued by third parties by any PARTNER. SECTION 9. CHOICE OF LAW This AGREEMENT and the rights and obligations of PARTNERS shall be governed and construed according to the laws of the State of Florida. Any state litigation arising from this Agreement shall be filed in a court of competent jurisdiction in Pinellas County, Florida. Any federal litigation arising from this Agreement shall be filed in the Middle District of Florida, Tampa Division. SECTION 10. COMPLIANCE WITH LAWS AND PUBLIC RECORDS REQUIREMENTS PARTNERS shall comply with all Federal, State, and local laws at all times, including but not limited to Florida laws regarding the retention and disclosure of public records. SECTION 11. ASSIGNMENT This AGREEMENT may not be assigned by any PARTNER without the prior written consent of all other PARTNERS. Page 6 of 16 SECTION 12. SEVERABILITY If any clause or portion of a clause in this AGREEMENT is determined to be invalid by a court of competent jurisdiction, the remainder of this AGREEMENT shall remain in full force and effect. Page 7 of 16 IN WITNESS WHEREOF, PARTNERS, by and through the undersigned, have caused this AGREEMENT to be executed as of the day and year first above written. PINELLAS COUNTY By: Barry Burton, County Administrator APPROVED AS TO FORM: By: Brendan Mackesey, Assistant County Attorney Page 8 of 16 TOWN OF BELLEAIR By: Reviewed and Approved: Attest: Jay Daigneault, Town Attorney Town Clerk Page 9 of 16 CITY OF BELLEAIR BEACH By: Chris Arbutine, Mayor Reviewed and Approved: Attest: Thomas J. Trask, City Attorney Alexis Silcox, City Clerk Page 10 of 16 CITY OF BELLEAIR BLUFFS By: Reviewed and Approved: Attest: City Attorney City Clerk Page 11 of 16 CITY OF CLEARWATER By: Frank Hibbard, Mayor Reviewed and Approved: Attest: Matthew Mytych, City Attorney Rosemarie Call, City Clerk Page 12 of 16 CITY OF DUNEDIN By: Julie Ward Bujalski, Mayor City of Dunedin Reviewed and Approved: Attest: Nikki Day, City Attorney Rebecca Schlichter, City Clerk Page 13 of 16 CITY OF INDIAN ROCKS BEACH By: Reviewed and Approved: Attest: Randy Mora, City Attorney City Clerk Page 14 of 16 CITY OF LARGO By: City Manager Reviewed and Approved: Attest: City Attorney City Clerk Page 15 of 16 CITY OF SEMINOLE By: Reviewed and Approved: Attest: City Attorney City Clerk Page 16 of 16 CITY OF TARPON SPRINGS By: Mayor Reviewed and Approved: Attest: Thomas J. Trask, City Attorney Irene Jacobs, City Clerk CITY OF CLEARWATER By: Frank Hibbard, Mayor Reviewed and Approved: Attest: Matthew Mytych, City Attorney Rosemarie Call, City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0579 Agenda Date: 7/21/2022 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 7.8 SUBJECT/RECOMMENDATION: Authorize a purchase order to Alan Jay of Sebring, FL for the purchase of ten Police Pursuit Vehicles in a not to exceed amount of $359,150.00 pursuant to Clearwater Code of Ordinances Section 2.563(1)(c), Piggyback, and Section 2.563(1)(d), impractical to bid; authorize an extension through October 31, 2022 and an increase of $40,000.00 to Contract 900729, Enforcement One of Oldsmar, FL for Police Upfitting to allow the upfitting of the additional ten vehicles pursuant to ITB 47-19, Police Vehicle Upfitting Services and authorize the appropriate officials to execute same. (consent) SUMMARY: In February 2022, the Clearwater Police Department (CPD) requested to add ten new police officers for Fiscal Year 2023, which was approved by the City Manager. Due to the length of time it is taking for the arrival of new vehicles, authorization was given for Fleet to start acquiring the vehicles. Fleet was able to secure ten vehicles from Alan Jay that were previously ordered for inventory vehicles. The vehicles in the amount of $353,900.00 will be procured from the Sourcewell Contract Numbers 2022.5 091521-NAF and 060920-NAF. Alan Jay Automotive is a subsidiary of National Auto Fleet Group. The company that CPD used for their graphics is no longer in business. To expedite completion and avoid substantial delay, CPD and Fleet request authorization to procure five of these vehicles with graphics from Alan Jay totaling $5,250.00 as impractical to bid. In addition, in order to upfit these vehicles to road ready condition, Fleet is requesting an extension to their current contract 900729 from September 30, 2022 to October 31, 2022 and an increase of $40,000.00 bringing the total to $340,000.00 for the final year. The original award of ITB 47-19, Police Vehicle Upfitting Services was approved by Council on October 16, 2019. APPROPRIATION CODE AND AMOUNT: A third quarter budget amendment will establish capital project L2301, Motorized Equipment Purchases, recognizing a budget increase of $359,150.00 in lease purchase revenue to fund the vehicle purchase order. Sufficient funds are available in the Police Department operating budget to fund the additional $40,000.00 needed for vehicle upfitting. Page 1 City of Clearwater Printed on 7/20/2022 v. 11.2018 Purchasing Office 100 S Myrtle Ave 33756-5520 PO Box 4748 33758-4748 Clearwater FL 727-562-4633 INVITATION TO BID #47-19 Police Vehicle Upfitting Services August 21, 2019 NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Clearwater (City) until 10:00 A.M., Local Time, September 19, 2019 to provide Police Vehicle Upfitting Services. Brief Description: The successful bidder will be responsible for the installation of miscellaneous equipment (i.e. lighting, consoles, controllers, brackets, outlets, etc.) in Police vehicles, with the work to be performed in a professional and uniform manner. Bids must be in accordance with the provisions, specifications and instructions set forth herein and will be received by Purchasing until the above noted time, when they will be publicly acknowledged and accepted. Bid packets, any attachments and addenda are available for download at www.myclearwater.com/bid . Please read the entire solicitation package and submit the bid in accordance with the instructions. This document (less this invitation and the instructions) and any required response documents, attachments, and submissions will constitute the bid. General, Process or Technical Questions concerning this solicitation should be directed, IN WRITING, to the following Procurement Analyst: Kelly Rogers Procurement Analyst Kelly.Rogers@myclearwater.com This Invitation to Bid is issued by: Alyce Benge, CPPO, C.P.M. Purchasing Manager Alyce.Benge@myclearwater.com INSTRUCTIONS Police Vehicle Upfitting Services 2 ITB #47-19 i.1 VENDOR QUESTIONS: All questions regarding the contents of this solicitation, and solicitation process (including requests for ADA accommodations), shall be directed solely to the Purchasing Manager. Questions should be submitted in writing via letter, fax or email. Questions received less than seven (7) calendar days prior to the due date and time may be answered at the discretion of the City. i.2 ADDENDA/CLARIFICATIONS: Any changes to the specifications will be in the form of an addendum. Addenda are posted on the City website and mailed to those who register on the City website when downloading solicitations no less than seven (7) days prior to the Due Date. Vendors are cautioned to check the Purchasing Website for addenda and clarifications prior to submitting their bid. The City cannot be held responsible if a vendor fails to receive any addenda issued. The City shall not be responsible for any oral changes to these specifications made by any employees or officer of the City. Failure to acknowledge receipt of an addendum may result in disqualification of a bid. i.3 VENDOR CONFERENCE / SITE VISIT: Yes No Mandatory Attendance: Yes No If so designated above, attendance is mandatory as a condition of submitting a bid. The conference/site visit provides interested parties an opportunity to discuss the City's needs, inspect the site and ask questions. During any site visit you must fully acquaint yourself with the conditions as they exist and the character of the operations to be conducted under the resulting contract. i.4 DUE DATE & TIME FOR SUBMISSION AND OPENING: Date: September 19, 2019 Time: 10:00 A.M. (Local Time) The City will open all bids properly and timely submitted and will record the names and other information specified by law and rule. All bids become the property of the City and will not be returned except in the case of a late submission. Respondent names, as read at the bid opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days from day of opening elapses, whichever occurs earlier, bids are available for inspection by contacting Purchasing. i.5 BID FIRM TIME: 90 days from Opening Bid shall remain firm and unaltered after opening for the number of days shown above. The City may accept the bid, subject to successful contract negotiations, at any time during this time. i.6 BID SECURITY: Yes No If so designated above, a bid security in the amount specified must be submitted with the bid. The security may be submitted in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, or cashier's check payable to the City of Clearwater (personal or company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. Such bid security shall be forfeited to the City of Clearwater should the bidder selected fail to execute a contract when requested. PERFORMANCE SECURITY: Yes No If required herein, the Contractor, simultaneously with the execution of the Contract, will be required to furnish a performance security. The security may be submitted in one-year increments and in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, cashier's check or money order payable to the City of Clearwater (personal and company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. If the Contractor fails or refuses to fully comply with the terms and conditions of the contract, the City shall have the right to use all or such part of said security as may be necessary INSTRUCTIONS Police Vehicle Upfitting Services 3 ITB #47-19 to reimburse the City for loss sustained by reason of such breach. The balance of said security, if any, will be returned to Contractor upon the expiration or termination of the contract. i.6 SUBMIT BIDS TO: Use label at the end of this solicitation package City of Clearwater Attn: Purchasing 100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520 or PO Box 4748, Clearwater FL 33758-4748 Bids will be received at this address. Bidders may mail or hand-deliver bids. E-mail or fax submissions will not be accepted. No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a bid that is not properly addressed and identified. i.7 LATE BIDS. The bidder assumes responsibility for having the bid delivered on time at the place specified. All bids received after the date and time specified shall not be considered and will be returned unopened to the bidder. The bidder assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery. You must allow adequate time to accommodate all registration and security screenings at the delivery site. A valid photo I.D. may be required. It shall not be sufficient to show that you mailed or commenced delivery before the due date and time. All times are Clearwater, Florida local times. The bidder agrees to accept the time stamp in the City Purchasing Office as the official time. i.8 COMMENCEMENT OF WORK. If bidder begins any billable work prior to the City’s final approval and execution of the contract, bidder does so at its own risk. i.9 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the solicitation will not excuse any failure to comply with the requirements of the solicitation or any resulting contract, nor shall such failure be a basis for claiming additional compensation. If a vendor suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in any case not later than seven (7) business days in advance of the due date notify the contact on page one (1). The City is not responsible for and will not pay any costs associated with the preparation and submission of the bid. Bidders are cautioned to verify their bids before submission, as amendments to or withdrawal of bids submitted after time specified for opening of bids may not be considered. The City will not be responsible for any bidder errors or omissions. i.10 FORM AND CONTENT OF BIDS. Unless otherwise instructed or allowed, bids shall be submitted on the forms provided. An original and the designated number of copies of each bid are required. Bids, including modifications, must be submitted in ink, typed, or printed form and signed by an authorized representative. Please line through and initial rather than erase changes. If the bid is not properly signed or if any changes are not initialed, it may be considered non-responsive. In the event of a disparity between the unit price and the extended price, the unit price shall prevail unless obviously in error, as determined by the City. The City may require that an electronic copy of the bid be submitted. The bid must provide all information requested and must address all points. The City does not encourage exceptions. The City is not required to grant exceptions and depending on the exception, the City may reject the bid. i.11 SPECIFICATIONS. Technical specifications define the minimum acceptable standard. When the specification calls for “Brand Name or Equal,” the brand name product is acceptable. Alternates will be considered upon demonstrating the other product meets stated specifications and is equivalent to the brand product in terms of quality, performance and desired characteristics. Minor differences that do not affect the suitability of the supply or service for the City’s needs may be accepted. Burden of proof that the product meets the minimum standards or is equal to the brand name, product, is on the bidder. The City reserves the right to reject bids that the City deems unacceptable. INSTRUCTIONS Police Vehicle Upfitting Services 4 ITB #47-19 i.12 MODIFICATION / WITHDRAWAL OF BID. Written requests to modify or withdraw the bid received by the City prior to the scheduled opening time will be accepted and will be corrected after opening. No oral requests will be allowed. Requests must be addressed and labeled in the same manner as the bid and marked as a MODIFICATION or WITHDRAWAL of the bid. Requests for withdrawal after the bid opening will only be granted upon proof of undue hardship and may result in the forfeiture of any bid security. Any withdrawal after the bid opening shall be allowed solely at the City’s discretion. i.13 DEBARMENT DISCLOSURE. If the vendor submitting this bid has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the bidder shall include a letter with its bid identifying the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating the suspension or debarment. i.14 RESERVATIONS. The City reserves the right to reject any or all bids or any part thereof; to rebid the solicitation; to reject non-responsive or non-responsible bids; to reject unbalanced bids; to reject bids where the terms, prices, and/or awards are conditioned upon another event; to reject individual bids for failure to meet any requirement; to award by item, part or portion of an item, group of items, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any bid. The City may seek clarification of the bid from bidder at any time, and failure to respond is cause for rejection. Submission of a bid confers on bidder no right to an award or to a subsequent contract. The City is charged by its Charter to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditions shall be made solely at the City’s discretion and made to favor the City. No binding contract will exist between the bidder and the City until the City executes a written contract or purchase order. i.15 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a bidder may not be acknowledged or accepted by the City. Award or execution of a contract does not constitute acceptance of a changed term, condition or specification unless specifically acknowledged and agreed to by the City. The copy maintained and published by the City shall be the official solicitation document. i.16 COPYING OF BIDS. Bidder hereby grants the City permission to copy all parts of its bid, including without limitation any documents and/or materials copyrighted by the bidder. The City’s right to copy shall be for internal use in evaluating the proposal. i.17 CONTRACTOR ETHICS. It is the policy of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the Procurement process, including Respondents and Contractors. To achieve the purpose of this Article, it is essential that Respondents and Contractors doing business with the City also observe the ethical standards prescribed herein. It shall be a breach of ethical standards to: • Exert any effort to influence any City employee or agent to breach the standards of ethical conduct. • Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or Services not provided. • Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply with any term, condition, specification or other requirement of a City Contract. i.18 GIFTS. The City will accept no gifts, gratuities or advertising products from bidders or prospective bidders and affiliates. The City may request product samples from vendors for product evaluation. i.19 PROTESTS AND APPEALS. If a Respondent believes there is a mistake, impropriety, or defect in the solicitation, believes the City improperly rejected its proposal, and/or believes the selected INSTRUCTIONS Police Vehicle Upfitting Services 5 ITB #47-19 proposal is not in the City’s best interests, the Respondent may submit a written protest. All protests and appeals are governed by the City of Clearwater Purchasing Policy and Procedures. If any discrepancy exists between this Section and the Purchasing Policy, the language of the Purchasing Policy controls. Protests based upon alleged mistake, impropriety, or defect in a solicitation that is apparent before the bid opening must be filed with the Procurement Officer no later than five (5) business days before Bid Opening. Protests that only become apparent after the Bid Opening must be filed within ten (10) business days of the alleged violation of the applicable purchasing ordinance. The complete protest procedure can be obtained by contacting Purchasing. ADDRESS PROTESTS TO: Alyce Benge, CPPO, C.P.M. Purchasing Manager 100 S Myrtle Ave, 3rd Fl Clearwater FL 33756-5520 or PO Box 4748 Clearwater FL 33758-4748 INSTRUCTIONS – EVALUATION Police Vehicle Upfitting Services 6 ITB #47-19 i.20 EVALUATION PROCESS. Bids will be reviewed by Purchasing and representative(s) of the respective department(s). The City staff may or may not initiate discussions with bidders for clarification purposes. Clarification is not an opportunity to change the bid. Bidders shall not initiate discussions with any City employee or official. i.21 PRESENTATIONS/INTERVIEWS. The bidder must provide a formal presentation/interview upon request. i.22 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of information: responsiveness, responsibility, and price. All bids must meet the following responsiveness and responsibility criteria to be considered further. a) Responsiveness. The City will determine whether the bid complies with the instructions for submitting bids including completeness of bid which encompasses the inclusion of all required attachments and submissions. The City must reject any bids that are submitted late. Failure to meet other requirements may result in rejection. b) Responsibility. The City will determine whether the bidder is one with whom it can or should do business. Factors that the City may evaluate to determine "responsibility" include, but are not limited to: excessively high or low priced bids, past performance, references (including those found outside the bid), compliance with applicable laws-including tax laws, bidder's record of performance and integrity - e.g. has the bidder been delinquent or unfaithful to any contract with the City, whether the bidder is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A bidder must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. City staff may also use Dun & Bradstreet and/or any generally available industry information. The City reserves the right to inspect and review bidder’s facilities, equipment and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection. c) Price. We will then evaluate the bids that have met the requirements above. i.23 COST JUSTIFICATION. In the event only one response is received, the City may require that the bidder submit a cost proposal in sufficient detail for the City to perform a cost/price analysis to determine if the bid price is fair and reasonable. i.24 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Bidder must be prepared for the City to accept the bid as submitted. If bidder fails to sign all documents necessary to successfully execute the final contract within a reasonable time as specified, or negotiations do not result in an acceptable agreement, the City may reject bid or revoke the award, and may begin negotiations with another bidder. Final contract terms must be approved or signed by the appropriately authorized City official(s). No binding contract will exist between the bidder and the City until the City executes a written contract or purchase order. i.25 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to Purchasing’s website. It is the bidder’s responsibility to check the City of Clearwater’s website at www.myclearwater.com/bid to view relevant bid information and notices. i.26 BID TIMELINE. Dates are tentative and subject to change. Release ITB: August 21, 2019 Advertise Tampa Bay Times: August 21, 2019 Bids due: September 19, 2019 Review bids: September 19-26, 2019 Award recommendation: September 26, 2019 Council authorization: October 17, 2019 Contract begins: October 2019 STANDARD TERMS AND CONDITIONS Police Vehicle Upfitting Services 7 ITB #47-19 S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: “vendor, contractor, supplier, proposer, company, parties, persons”, “purchase order, PO, contract, agreement”, “city, Clearwater, agency, requestor, parties”, “bid, proposal, response, quote”. S.2 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor’s employees, not City employees. Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers’ compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims. S.3 SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. S.4 ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first receiving the City’s written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event the City will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement. S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. S.6 NO THIRD-PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties. S.7 NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement. S.8 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor. S.9 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations under this Agreement. S.10 COMPLIANCE WITH APPLICABLE LAWS. a. General. Contractor must procure all permits and licenses and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects. Contractor will require a drug-free workplace for all Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Agreement must be notified STANDARD TERMS AND CONDITIONS Police Vehicle Upfitting Services 8 ITB #47-19 in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties. c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States. (i) As applicable to Contractor, under this provision, Contractor hereby warrants to the City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees (hereinafter “Contractor Immigration Warranty”). (ii) A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City. (iii) The City retains the legal right to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. (iv) The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verification performed. (v) Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act. d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment. Contractor and Contractor’s personnel will comply with applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and applicable rules in performance under this Agreement. S.11 SALES/USE TAX, OTHER TAXES. Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor’s services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required. If any taxing authority should deem Contractor or Contractor employees an employee of the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor’s responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. The City is exempt from paying state and local sales/use taxes and certain federal excise taxes and will furnish an exemption certificate upon request. S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City. STANDARD TERMS AND CONDITIONS Police Vehicle Upfitting Services 9 ITB #47-19 S.13 OPENNESS OF PROCUREMENT PROCESS. Written competitive proposals, replies, oral presentations, meetings where vendors answer questions, other submissions, correspondence, and all records made thereof, as well as negotiations or meetings where negotiation strategies are discussed, conducted pursuant to this Invitation to Bid (ITB), shall be handled in compliance with Chapters 119 and 286, Florida Statutes. Proposals or replies received by the City pursuant to this ITB are exempt from public disclosure until such time that the City provides notice of an intended decision or until 30 days after opening the proposals, whichever is earlier. If the City rejects all proposals or replies pursuant to this ITB and provides notice of its intent to reissue the ITB, then the rejected proposals or replies remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued ITB or until the City withdraws the reissued ITB. A proposal or reply shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. Oral presentations, meetings where vendors answer questions, or meetings convened by City staff to discuss negotiation strategies, if any, shall be closed to the public (and other proposers) in compliance with Chapter 286 Florida Statutes. A complete recording shall be made of such closed meeting. The recording of, and any records presented at, the exempt meeting shall be available to the public when the City provides notice of an intended decision or until 30 days after opening proposals or final replies, whichever occurs first. If the City rejects all proposals or replies pursuant to this ITB and provides notice of its intent to reissue the ITB, then the recording and any records presented at the exempt meeting remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued ITB or until the City withdraws the reissued ITB. A recording and any records presented at an exempt meeting shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. In addition to all other contract requirements as provided by law, the contractor executing this agreement agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, Rosemarie Call, phone: 727-562-4092 or Rosemarie.Call@myclearwater.com, One Clearwater Tower, 6th Floor, 600 Cleveland Street, 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 STANDARD TERMS AND CONDITIONS Police Vehicle Upfitting Services 10 ITB #47-19 completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five (5) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor’s place of business or at City offices, as determined by the City. S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City’s information, data, or facilities in accordance with the City’s current background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law. STANDARD TERMS AND CONDITIONS Police Vehicle Upfitting Services 11 ITB #47-19 S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement. S.17 DEFAULT. a. A party will be in default if that party: (i) is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor’s capability to perform under the Agreement; (ii) is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; (iii) conducts business in an unethical manner or in an illegal manner; or (iv) fails to carry out any term, promise, or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred from participating in City procurements and solicitations in accordance with the City’s Purchasing Policy and Procedures Manual. c. Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non-defaulting party to provide notice of the default does not waive any rights under the Agreement. d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement. S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and costs. c. The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, special, or consequential damages. S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. STANDARD TERMS AND CONDITIONS Police Vehicle Upfitting Services 12 ITB #47-19 S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in part or in whole upon thirty (30) calendar days’ written notice. S.21 TERMINATION FOR CONFLICT OF INTEREST Florida Statutes Section 112. Pursuant to F.S. Section 112, the City may cancel this Agreement after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor. S.22 TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date. S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final invoice. S.24 NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. S.25 INDEMNIFICATION/LIABILITY. a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the obligations established by this Agreement. b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor-provided supplies or services. S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman-like and professional manner. The City’s acceptance of service or materials provided by Contractor will not relieve Contractor from its obligations under this warranty. If any materials or services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at no additional charge to the City, will provide materials or redo such services until in accordance with this Agreement and to the City’s reasonable satisfaction. Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications. STANDARD TERMS AND CONDITIONS Police Vehicle Upfitting Services 13 ITB #47-19 S.27 THE CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City property, and will at the City’s request and expense, furnish to the City reasonable assistance and cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery. S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs. S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or publicity without obtaining the prior written consent of the City. S.31 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8, a current or former public officer or employee within the last two (2) years shall not represent another organization before the City on any matter for which the officer or employee was directly concerned and personally participated in during their service or employment or over which they had a substantial or material administrative discretion. S.32 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder. S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees. S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same without suit, trouble or hindrance from Contractor or third parties. S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is obtained against the City’s use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute supplies or services. S.37 CONTRACT ADMINISTRATION. The contract will be administered by the Purchasing Administrator and/or an authorized representative from the using department. All questions STANDARD TERMS AND CONDITIONS Police Vehicle Upfitting Services 14 ITB #47-19 regarding the contract will be referred to the administrator for resolution. Supplements may be written to the contract for the addition or deletion of services. Payment will be negotiated and determined by the contract administrator(s). S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing agreements with other Florida government agencies, including the Tampa Bay Area Purchasing Cooperative. Under a Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies in the State of Florida with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City is not responsible for any disputes arising out of transactions made by others. S.40 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City’s Purchasing Division. S.41 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via overnight courier or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof. S.42 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida. The exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Pinellas County, Florida. S.43 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed. S.44 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it. STANDARD TERMS AND CONDITIONS Police Vehicle Upfitting Services 15 ITB #47-19 S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. S.46 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination. DETAILED SPECIFICATIONS Police Vehicle Upfitting Services 16 ITB #47-19 1. INTRODUCTION. The City of Clearwater (City) is located on the West Coast of Florida in the Tampa Bay region. It is the third largest city in the region with an estimated population of 110,000 residents. The City of Clearwater is a major tourist destination – Clearwater Beach was recently rated #1 U.S. Beach by TripAdvisor, previously named “Florida’s Best Beach Town 2013” by USA Today, and was on the “Top Ten List of Best Beaches from Maine to Hawaii”. The City of Clearwater is home to the Philadelphia Phillies Spring Training and Clearwater Threshers Minor League Baseball and hosts several sports tournaments through the year that attract visitors from across the country. Clearwater is home for Winter the Dolphin and the Clearwater Marine Aquarium. Winter’s story has made it all the way to Hollywood in the motion pictures “Dolphin Tale” and “Dolphin Tale 2”, both filmed here in Clearwater. 2. SCOPE OF WORK. The successful bidder shall furnish and install all equipment listed in the bid documents for City of Clearwater Police Department vehicles. The bid award is intended to facilitate upcoming fiscal year (FY20) new vehicle purchases (including replacements), repairs, and upfitting needs for the City of Clearwater Police Department. Delivery of new vehicles is typically 90 to 120 days. On an annual basis approximately four (4) to six (6) replacement vehicles are ordered. The vehicles being replaced may require removal of salvageable equipment, some new equipment order(s), and upfitting when replacement vehicle is delivered. The initial upfitting services to be performed are for 26 new vehicles scheduled to be ordered early October 2019, as listed below: 14 each Police Ford Interceptors Utility which have been ordered with the following features: • Road Ready Package • Driver’s side spotlight • Rear window switches inoperative • Dome lamp – red/white • Front warning auxiliary lamps 6 each Police Chevrolet Tahoes which have been ordered with the following features: • Driver’s side spotlight • Rear window switches inoperative • Wiring grille lamp and siren speaker • Flash system-headlight/taillight 3 each Civilian Ford F150 Trucks 2 each Civilian Nissan Frontiers 1 each Civilian Ford Explorer which has been order with the following features: • Non-Sworn amber road ready package Upfitter must have ability to complete a minimum of three (3) vehicles on a weekly basis. Upfitter must coordinate an initial consult with City representative(s) for planning the vehicle upfit, to include the layout/location of equipment and organization of wiring, harnesses, mountings, etc. Upfitter must facilitate the review/approval of City representative(s) for the initial vehicle completed. Upfitter is required to be consistent in duplicating the approved vehicle’s layout/location of equipment and organization of wiring, harnesses, mountings, etc. Upfitter must have the proper facilities to provide for required services, and such facilities must be secure – preferably fenced including security features – including 24/7 camera monitoring while police vehicles are on premise. Upfitter must be an authorized Whelen distributor and provide documentation as such. DETAILED SPECIFICATIONS Police Vehicle Upfitting Services 17 ITB #47-19 Upfitter must have a full-service shop located in Pinellas County. Upfitter must complete warranty repair work within twenty-four (24) hours of initial vehicle drop-off. f A. Eleven (11) each Marked Police Ford Interceptors Utility are to be upfitted as follows: • Whelen Legacy® GB WeCan® DUO+™ Color Series Super-LED • Whelen Low Profile Mounting Kit Police Interceptor Utility / 2013-2017 / 48" - 55" • Whelen 100-watt speaker, thin profile, 123db, nylon/composite • Whelen mounting bracket for SA315 series speaker '14 Explorer/ '13-'14 PI Utility Drivers side lower grille • Whelen mounting bracket for SA315 series speaker '14 Explorer/ '13-'14 PI Utility Pass side lower grille Whelen Dual Avenger TRIO red/blue/white • Whelen Avenger II dual TRIO, red/blue/white *replaces AVNT2RBC • Whelen Dual Dominator Plus Red/Blue LINZ6 Module • Whelen Dominator swivel mounting bracket for D2 and D4 • Jotto / Patriot Single Cell, PI Utility 16+ • 475-0381/STR----Jotto Desk Gun Mount, GR7, 870, Sigle Cell, Spineless • ADD THE 475-8819 GL3-XL/STR • Ford Police Interceptor Utility (2016+) Police Equipment Console - Contour • Computer side mount w/Standard-A-Mod desktop • Side Hinged Armrest, IPBCC for Charger 13+ / PI Utility 13+ / PI Sedan 13+ • Console Side Mount Extension • Jotto Desk ABS dual cupholder • Whelen Cencom face plate • Jotto Desk Face Plate 3", Harris XG-75M / M7300 / M5300 • Havis Charge Guard Select timer • Two (2) 12-volt outlets 3" Faceplate with Plastic Covers and one (1) USB outlet B. Three (3) each Un-Marked Police Ford Interceptors Utility are to be upfitted as follows: • Whelen Inner Edge® FST™ WeCan®, SOLO™, DUO™ and TRIO • Whelen 100-watt speaker, thin profile, 123db, nylon/composite • Whelen mounting bracket for SA315 series speaker '14 Explorer/ '13-'14 PI Utility Drivers side lower grille • Whelen mounting bracket for SA315 series speaker '14 Explorer/ '13-'14 PI Utility Pass side lower grille Whelen Dual Avenger TRIO red/blue/white • Whelen Avenger II dual TRIO, red/blue/white *replaces AVNT2RBC • Whelen Dual Dominator Plus Red/Blue LINZ6 Module • Whelen Dominator swivel mounting bracket for D2 and D4 • 475-0381/STR----Jotto Desk Gun Mount, GR7, 870, Sigle Cell, Spineless • ADD THE 475-8819 GL3-XL/STR • Ford Police Interceptor Utility (2016+) Police Equipment Console - Contour • Computer side mount w/Standard-A-Mod desktop • Side Hinged Armrest, IPBCC for Charger 13+ / PI Utility 13+ / PI Sedan 13+ • Console Side Mount Extension • Jotto Desk ABS dual cupholder • Whelen Cencom face plate • Jotto Desk Face Plate 3", Harris XG-75M / M7300 / M5300 • Havis Charge Guard Select timer • Two (2) 12-volt outlets 3" Faceplate with Plastic Covers and one (1) USB outlet DETAILED SPECIFICATIONS Police Vehicle Upfitting Services 18 ITB #47-19 C. Three (3) each Marked Police Chevrolet Tahoes are to be upfitted as follows: • Whelen Legacy® GB WeCan® DUO+™ Color Series Super-LED • Whelen mounting kit 2015 + Tahoe • CenCom Carbide with Traffic Advisor™ Module • CenCom Carbide 3 Section Control Head and 21 Push-Buttons, 4-Position Slide Switch, Microphone with Extension Cord • Installation Kit for CCSRN5 Series for 2017-2018 Chevy Tahoe and Silverado 1500 • Output Expansion Module, for Carbide Only • Whelen 100-watt speaker, thin profile, 123db, nylon/composite • Mounting brackets Chevy Tahoe, 2017-2019, Driver Side • Mounting brackets Chevy Tahoe, 2017-2019, Passenger Side • Optional Grille Mount Brackets (pair) for 2015-2018 Chevy Tahoe, Requires Four ION™ Series Lightheads • Whelen ION lighthead, split red/blue w/black housing • Whelen Avenger II dual TRIO, red/blue/white *replaces AVNT2RBC • Strip-Lite™ Plus Surface Mount Super-LED® Series--duo Red/Blue • 45 Degree mounting bracket for above on hatch • Whelen Dominator Traffic Advisor 8 TIR3 Super LED modules with flashing ends **specify colors 28.36' • Whelen Dominator mounting bracket 'L' for D2 and D4 • Whelen plug & play 100% solid state headlight & taillight flasher for Tahoe • Chevy Tahoe Police Equipment Console with Locking Lid Storage - Contour (2015+) • Jotto Desk ABS dual cupholder • Blank Faceplate Three 7/8" Hole Power Mounting Plate for 12V - 3" Faceplate • Side Hinged Armrest, IPBCC for Tahoe 15+ • Computer side mount w/Standard-A-Mod desktop • 4" Utility Box - Faceplate Mount • Whelen Cencom face plate 425-6368 M7200/M7300, XG75 CH721 (REMOTE HEAD) M/A-COM 3" - 2.375 x 6.938 x 3.875 • Whelen Thin ION Red/Blue split (formerly TIONJ) • Whelen LINSV under mirror bracket for '15 Tahoe, pair • V-Series™, Combination 180° Warning and Puddle Light with Scan-Lock™ Flash Patterns for Under Surface Mounting-BLUE • V-Series™, Combination 180° Warning and Puddle Light with Scan-Lock™ Flash Patterns for Under Surface Mounting---RED • Whelen DUO Linear ION Lighthead Red/White with Black Flange • Whelen ION Duo Blue/White • Jotto Single Cell Prisoner Transport System for Chevy Tahoe (2015+) • Joto/Patro Vertical Single Cell gun mount • Havis Charge Guard Select timer D. Three (3) each Un-Marked Police Chevrolet Tahoes are to be upfitted as follows: • Whelen Inner Edge® FST™ WeCan®, SOLO™, DUO™ and TRIO • CenCom Carbide with Traffic Advisor™ Module • CenCom Carbide 3 Section Control Head and 21 Push-Buttons, 4-Position Slide Switch, Microphone with Extension Cord • Installation Kit for CCSRN5 Series for 2017-2018 Chevy Tahoe and Silverado 1500 • Output Expansion Module, for Carbide Only • Whelen 100-watt speaker, thin profile, 123db, nylon/composite • Mounting brackets Chevy Tahoe, 2017-2019, Driver Side • Mounting brackets Chevy Tahoe, 2017-2019, Passenger Side DETAILED SPECIFICATIONS Police Vehicle Upfitting Services 19 ITB #47-19 • Optional Grille Mount Brackets (pair) for 2015-2018 Chevy Tahoe, Requires Four ION™ Series Lightheads • Whelen ION lighthead, split red/blue w/black housing • Whelen Avenger II dual TRIO, red/blue/white *replaces AVNT2RBC • Strip-Lite™ Plus Surface Mount Super-LED® Series--duo Red/Blue • 45 Degree mounting bracket for above on hatch • Whelen Dominator Traffic Advisor 8 TIR3 Super LED modules with flashing ends **specify colors 28.36' • Whelen Dominator mounting bracket 'L' for D2 and D4 • Whelen plug & play 100% solid state headlight & taillight flasher for Tahoe • Chevy Tahoe Police Equipment Console with Locking Lid Storage - Contour (2015+) • Jotto Desk ABS dual cupholder • Blank Faceplate Three 7/8" Hole Power Mounting Plate for 12V - 3" Faceplate • Side Hinged Armrest, IPBCC for Tahoe 15+ • Computer side mount w/Standard-A-Mod desktop • 4" Utility Box - Faceplate Mount • Whelen Cencom face plate 425-6368 M7200/M7300, XG75 CH721 (REMOTE HEAD) M/A-COM 3" - 2.375 x 6.938 x 3.875 • Whelen Thin ION Red/Blue split (formerly TIONJ) • Whelen LINSV under mirror bracket for '15 Tahoe, pair • V-Series™, Combination 180° Warning and Puddle Light with Scan-Lock™ Flash Patterns for Under Surface Mounting-BLUE • V-Series™, Combination 180° Warning and Puddle Light with Scan-Lock™ Flash Patterns for Under Surface Mounting---RED • Whelen DUO Linear ION Lighthead Red/White with Black Flange • Whelen ION Duo Blue/White • 15+ GR6-TAHOE-870-AR-BLM Dual Gun Rack GM/CHEVY with STR—Key • Havis Charge Guard Select timer E. Three (3) each Civilian Ford F-150 are to be upfitted as follows: • Legacy® GB WeCan® DUO+™ Color Series Super-LED (Amber/White) • Whelen mounting kit F-150 / 2015-2019 / Legacy® II 59”, Freedom® IV 60”, Justice® 62” • Siren Amplifier with Hand-Held Controller (CANCTL5) • Whelen 100-watt speaker, thin profile 123db, nylon/composite • Whelen mounting bracket for SA315 series speaker – Ford F-150 2015-2016e • Whelen Linz-V Series LED Lighthead White • Ford F-150, 2015-2019, Under-the-Side View Mirror Mount for Two LINSV2™ Series • Dual, Each Lighthead Red/Amber/White, with White Steady Override • Whelen Vertex hideaway SuperLED w/flasher & 9’ cable split amber/clear four corners • Premium Passenger Side Mount Package for 2017-2018 F-250, 350, 450 Pickup and F-450 and 550 Cab Chassis and 2015-2018 Ford F-150 • Universal Rugged Cradle for approximately 11”-14” computing devices with added depth • Havis ChargeGuard Select timer • Wires, Loom, Connectors, etc. DETAILED SPECIFICATIONS Police Vehicle Upfitting Services 20 ITB #47-19 F. Two (2) each Civilian Nissan Frontiers are to be upfitted as follows: • Legacy® GB WeCan® DUO+™ Color Series Super-LED (Amber/White) • Whelen mounting kit Liberty™ II 59”, Freedom® IV 60”, Justice® 62” • Siren Amplifier with Hand-Held Controller (CANCTL5) • Whelen 100-watt speaker, thin profile 123db, nylon/composite • Whelen mounting bracket for SA315 series speaker • Driver Side Lower Grille • Whelen Linz-V Series LED Lighthead White • Under-the-Side View Mirror Mount for Two LINSV2™ Series • Dual, Each Lighthead Red/Amber/White, with White Steady Override • Whelen Vertex hideaway SuperLED w/flasher & 9’ cable split amber/clear four corners • 2011-2018 Nissan Frontier Premium Passenger Side Mount • Universal Rugged Cradle for approximately 11”-14” computing devices with added depth • Havis ChargeGuard Select timer • Wires, Loom, Connectors, etc. G. One (1) Civilian Ford Explorer is to be upfitted as follows: • Legacy® GB WeCan® DUO+™ Color Series Super-LED (Amber/White) • Whelen low profile mounting kit for Police Interceptor Utility / 2013-2019 / 48”-55” • Siren Amplifier with Hand-Held Controller (CANCTL5) • Whelen 100-watt speaker, thin profile 123db, nylon/composite • Whelen mounting bracket for SA315 series speaker - Ford Police Interceptor Utility, 2013- 2019 • Driver Side Lower Grille • Whelen Linz-V Series LED Lighthead White • Ford Police Interceptor Utility, 2013-2019, Under-the-Side View Mirror Mount for Two LINSV2™ Series • Dual, Each Lighthead Red/Amber/White, with White Steady Override • Whelen Dominator Traffic Advisor 6 TIR3 Super LED modules 23.36’ • Whelen Vertex hideaway SuperLED w/flasher & 9’ cable split amber/clear four corners • Havis Premium Passenger side laptop mount package • Gamber Notepad V universal computer cradle • Havis ChargeGuard Select timer • Wires, Loom, Connectors, etc. 3. MINIMUM QUALIFICATIONS. Bidders must have proper ability to procure and install specified equipment so that applicable warranties are not voided or ineligible. Three (3) current references for whom similar services have been provided must be included with bid documents. Any equipment manufacturer qualifications (i.e. certified installer, distributor, etc.) should be provided. 5. INSURANCE REQUIREMENTS. The Vendor shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Vendor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: DETAILED SPECIFICATIONS Police Vehicle Upfitting Services 21 ITB #47-19 a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Unless waived by the State of Florida and proof of waiver is provided to the City, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $500,000 (five hundred thousand dollars) each employee each accident, $500,000 (five hundred thousand dollars) each employee by disease, and $500,000 (five hundred thousand dollars) disease policy limit. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. d. Garagekeepers Liability Insurance to cover bodily injury or property damage caused by an accident arising out of garage operations with a limit of $1,000,000 (one million dollars). This includes garage operations involving the ownership, maintenance or use of a garage business. It also includes the ownership, maintenance or use of non-owned autos being service or stored. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. Other Insurance Provisions. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Vendor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured” on the Commercial General Liability Insurance and Auto Liability policies. In addition, when requested in writing from the City, Vendor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Purchasing Department, ITB #47-19 P.O. Box 4748 Clearwater, FL 33758-4748 b. Vendor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. Vendor’s insurance as outlined above shall be primary and non-contributory coverage for Vendor’s negligence. d. Vendor reserves the right to appoint legal counsel to provide for the Vendor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Vendor’s design, equipment, or service. Vendor agrees that the City shall not be liable to reimburse Vendor for any legal fees or costs as a result of Vendor providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and City’s failure to request evidence of this insurance shall not be construed as a waiver of Vendor’s (or any contractors’, subcontractors’, representatives’ or agents’) obligation to provide the insurance coverage specified. MILESTONES Police Vehicle Upfitting Services 22 ITB #47-19 1. BEGINNING AND END DATE OF INITIAL TERM. October 2019 through September 2020. If the commencement of performance is delayed because the City does not execute the contract on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution. 2. EXTENSION. The City reserves the right to extend the term of this contract, provided however, that the City shall give written notice of its intentions to extend this contract no later than thirty (30) days prior to the expiration date of the contract. 3. RENEWAL. At the end of the initial term of this contract, the City may initiate renewal(s) as provided. The decision to renew a contract rests solely with the City. The City will give written notice of its intention to renew the contract no later than thirty (30) days prior to the expiration. Two (2), one (1) year renewals possible at the City’s option. 4. PRICES. All pricing shall be firm for the initial term of one (1) year; except where otherwise provided by the specifications, and include all transportation, insurance and warranty costs. The City shall not be invoiced at prices higher than those stated in any contract resulting from this bid. The Contractor certifies that the prices offered are no higher than the lowest price the Contractor charges other buyers for similar quantities under similar conditions. The Contractor further agrees that any reductions in the price of the goods or services covered by this bid and occurring after award will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions. Not more than annually, the Contractor may submit written a price adjustment request no less than fifteen (15) days prior to term renewal. The change shall be a percentage increase not to exceed 5% for originally requested equipment, and to be negotiated for any newly requested equipment. The City shall review the request for adjustment and respond in writing; such response and approval shall not be unreasonably withheld. At the end of the initial term, pricing may be adjusted for amounts other than inflation based on mutual agreement of the parties after review of appropriate documentation. Renewal prices shall be firm for at least one year, and may be adjusted thereafter as outlined in the previous paragraph. No fuel surcharges will be accepted. RESPONSE ELEMENTS Police Vehicle Upfitting Services 23 ITB #47-19 1. BID SUBMISSION. Submit one (1) signed original bid and one (1) electronic copy on a CD or flash drive of the bid in a sealed container. 2. BIDDER RESPONSE CHECKLIST. This checklist is provided for your convenience. It is not necessary to return a copy of this solicitation’s Instructions, Terms and Conditions, or Detailed Specifications with your bid response. Only submit the requested forms and any other requested or descriptive literature. Original and proper number of copies with electronic format Bid container properly labeled Bid pricing form A pricing list to be itemized by component represented in upfitting groups W-9 Form to be provided by Bidder (http://www.irs.gov/pub/irs-pdf/fw9.pdf) Exceptions/Additional Materials/Addenda form Vendor Information form Offer Certification form Scrutinized Businesses form Equipment Warranty information Verification of authorized Whelen distributor Any equipment manufacturer qualifications (i.e. certified installer, distributor, etc.) Three (3) references 3. REFERENCES. Company/Agency Date contract began Date contract completed Contact name E-mail address Phone Company/Agency Date contract began Date contract completed Contact name E-mail address Phone Company/Agency Date contract began Date contract completed Contact name E-mail address Phone Vendor: _________________________________________ Date: ________________________ BID PRICING Police Vehicle Upfitting Services 24 ITB #47-19 Pursuant to the contract specifications enumerated and described in this solicitation, we agree to furnish Police Vehicle Upfitting Services to the City of Clearwater at the price(s) stated below. As noted in Bidders Response Checklist, an itemized list of component pricing is required with bid submittal. This list will be used for component pricing when some equipment has been removed from a damaged vehicle. An updated pricing list will be required annually with the contract renewal. FOB: Destination, Freight Prepaid and Allowed Delivery, as stated in Detailed Specifications, can be met _ Yes No If no, specify number of days for delivery PAYMENT TERMS Select one choice of payment terms:  Net 30, City of Clearwater’s standard payment terms  2%15, Net 30  _____%10, Net 30 (identify discount not less than 3%) Vendor: _________________________________________ Date: _______________________________ Item Qty Description Unit Price Unit Total Price A 11 Marked Police Interceptor, upfit services $ Each $ B 3 Un-marked Police Interceptor, upfit services $ Each $ C 3 Marked Police Chevrolet Tahoe, upfit services $ Each $ D 3 Un-marked Police Chevrolet Tahoe, upfit services $ Each $ E 3 Civilian Ford F150 Patrol, upfit services $ Each $ F 2 Civilian Nissan Frontier, upfit services $ Each $ G 1 Civilian Ford Explorer, upfit services $ Each $ H n/a Hourly service rate for equipment removal from damaged vehicles $ Hour n/a Total Bid $ EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA Police Vehicle Upfitting Services 25 ITB #47-19 Bidders shall indicate any and all exceptions taken to the provisions or specifications in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): Note – Any material exceptions taken to the City’s Standard Terms and Conditions will render a Bid Non-responsive. No exceptions Exceptions taken (describe--attach additional pages if needed) Additional Materials submitted (mark one): No additional materials have been included with this bid Additional Materials attached (describe--attach additional pages if needed) Addenda Bidders are responsible for verifying receipt of any addenda issued by checking the City’s website at http://www.myclearwater.com/business/bid-information/ prior to the bid opening. Failure to acknowledge any addenda issued may result in a response being deemed non-responsive. Acknowledgement of Receipt of Addenda (initial for each addenda received, if applicable): Addenda Number Initial to acknowledge receipt Vendor Name ____ Date: ____ VENDOR INFORMATION Police Vehicle Upfitting Services 26 ITB #47-19 Company Legal/Corporate Name: Doing Business As (if different than above): Address: City: State: Zip: - Phone: Fax: E-Mail Address: Website: DUNS # Remit to Address (if different than above): Order from Address (if different from above): Address: Address: City: State: Zip: City: State: Zip: Contact for Questions about this bid: Name: Fax: Phone: E-Mail Address: Day-to-Day Project Contact (if awarded): Name: Fax: Phone: E-Mail Address: Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: OFFER CERTIFICATION Police Vehicle Upfitting Services 27 ITB #47-19 By signing and submitting this Bid, the Vendor certifies that: a) It is under no legal prohibition on contracting with the City of Clearwater. b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents. c) It has no known, undisclosed conflicts of interest. d) The prices offered were independently developed without consultation or collusion with any of the other respondents or potential respondents or any other anti-competitive practices. e) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who has or may have had a role in the procurement process for the services and or goods/materials covered by this contract. f) It understands the City of Clearwater may copy all parts of this response, including without limitation any documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer, or in response to a public records request under Florida’s public records law (F.S. 119) or other applicable law, subpoena, or other judicial process; provided that Clearwater agrees not to change or delete any copyright or proprietary notices. g) Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees. h) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and not debarred by any Federal or public agency. i) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and Rules if awarded by the City. j) It is current in all obligations due to the City. k) It will accept such terms and conditions in a resulting contract if awarded by the City. l) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit binding offers for the goods or services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: SCUTINIZED COMPANIES FORM Police Vehicle Upfitting Services 28 ITB #47-19 SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 3. “Boycott Israel” or “boycott of Israel” means refusing to deal, terminating business activities, or taking other actions to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli-controlled territories, in a discriminatory manner. A statement by a company that it is participating in a boycott of Israel, or that it has initiated a boycott in response to a request for a boycott of Israel or in compliance with, or in furtherance of, calls for a boycott of Israel, may be considered as evidence that a company is participating in a boycott of Israel; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me on this ______ day of _____________________, 20____, by _________________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ________________________________________ (name of corporation/entity), personally known to me as described herein _____________________, or produced a _________________________ (type of identification) as identification, and who did/did not take an oath. _______________________________________ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER Fire Hydrants 29 ITB #42-19 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED BID Submitted by: Company Name: Address: City, State, Zip: ITB #47-19, Police Vehicle Upfitting Services Due Date: September 19, 2019, at 10:00 A.M. City of Clearwater Attn: Purchasing PO Box 4748 Clearwater FL 33758-4748 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ SEALED BID Submitted by: Company Name: Address: City, State, Zip: ITB #47-19, Police Vehicle Upfitting Services Due Date: September 19, 2019, at 10:00 A.M. ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ City of Clearwater Attn: Purchasing 100 S Myrtle Ave 3rd Fl Clearwater FL 33756-5520 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0660 Agenda Date: 7/21/2022 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 7.9 SUBJECT/RECOMMENDATION: Appoint Stephanie Chill to the Sister Cities Advisory Board as the Sister Cities, Inc. representative for an unexpired term through July 31, 2023. (consent) SUMMARY: APPOINTMENT WORKSHEET BOARD: Sister Cities Advisory Board TERM: 4 years APPOINTED BY: Sister Cities Advisory Board FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: One member of the City Council MEMBERS: 6 + 1 At-large member CHAIRPERSON: Michael Ballard MEETING DATES: Quarterly PLACE: Council Chambers APPOINTMENTS NEEDED: 1 SPECIAL QUALIFICATIONS: Representatives of Clearwater Sister Cities, Inc., the local business community, the School Board’s World Language Coordinator or designee, and the Clearwater Arts Alliance shall not be required to reside within the City of Clearwater. THE FOLLOWING ADVISORY BOARD MEMBER HAS RESIGNED: 1.Candace Hays - 2664 Augusta Drive North, Clearwater 33761 - Clearwater Sister Cities, Inc. Resigned April 28, 2022 - No longer President of Clearwater Sister Cities, Inc. THE FOLLOWING APPLICATION HAS BEEN SUBMITTED FOR COUNCIL’S CONSIDERATION: 1.Stephanie Chill - 4700 19th Street N, St. Petersburg - Clearwater Sister Cities, Inc., President Zip codes of current members: 1 - 33763 1 - 33710 1 - 33761 1 - 33755 1 - 34683 1 - 33755 Page 1 City of Clearwater Printed on 7/20/2022 File Number: ID#22-0660 Page 2 City of Clearwater Printed on 7/20/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0611 Agenda Date: 7/21/2022 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 7.10 SUBJECT/RECOMMENDATION: Request for authority to settle case of City of Clearwater v. 1510 Barry Holding, LLC, et al., Case No. 21-4847-CI. (consent) SUMMARY: On July 19, 2018, the City retained Weidner Law, P.A. (outside counsel) for representation in municipal lien foreclosure matters. The outside counsel then filed a foreclosure action against 1510 Barry Holding LLC, then-owner of the property located at 1510 Barry Road, over three code enforcement liens (the Lien) with an aggregate amount of $402,142.25. Since that time, the property has been sold to a developer group (the Developer) that intends to redevelop the property into a 43-unit multi-family, two-story affordable housing unit (the Project). The Developer proposes the following core terms to settle the lawsuit and complete the Project: ·Payment to the City of $50,000.00 ·Obtain all necessary building permits for the Project within 3 months ·Begin construction on the Project within 4 months ·Obtain a certificate of occupancy for the Project within 12 months ·A 90% occupancy rate within 18 months ·A promise that if any of the requirements of the settlement agreement are not met, the City would be entitled to an immediate foreclosure judgment in the full amount of the Lien This settlement proposal meets the criterion established in Council Policy 6-9 for proposed lien reductions. Therefore, authority is being sought to settle this case for $50,000.00 along with the Developer’s promise to complete the Project as detailed above, in exchange for which the City will release the Lien and dismiss the lawsuit. Page 1 City of Clearwater Printed on 7/20/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0672 Agenda Date: 7/21/2022 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Approve the City of Clearwater’s Fiscal Year 2022/2023 Annual Action Plan, which is the third Action Plan of the Fiscal Year 2020/2021 - Fiscal Year 2024/2025 Consolidated Plan, to implement the goals and objectives set forth in the Consolidated Plan and authorize the appropriate officials to enter into agreements with HUD and organizations approved for funding, together with authorization to execute administrative adjustments to same as needed. SUMMARY: On July 16, 2020, City Council approved the 2020/2021 - 2024/2025 Consolidated Plan (Consolidated Plan) identifying the city’s goals and objectives with respect to the city’s administration of HOME Investment Partnership (HOME) and Community Development Block Grant (CDBG) Program funds. Under the Consolidated Plan, the City is required by the US Department of Housing and Urban Development (HUD) to create and implement a plan each year to identify the sources and uses of these funds for housing, community programs, and economic development. This plan, referred to as the Annual Action Plan, provides HUD with the City’s Housing Division budget and proposed expenditures based on the entitlement funds and estimated program income that the City will receive in the upcoming fiscal year to meet the goals and objectives established in the Consolidated Plan. Funds will be used to develop viable communities and sustain existing ones. In addition, the funds will be used to provide safe, decent and affordable housing to assist extremely low- to moderate-income households. This year’s Annual Action Plan allocates federal funds to provide housing opportunities to extremely low- to moderate-income households for new and existing homes, construction and/or renovation of public facilities, and to fund public services programs. In Fiscal Year (FY) 2022/2023, the City will receive $897,475 in entitlement funds for the CDBG Program and $509,528 in entitlement funds for the HOME Program. The City is also reprogramming: $3,790,961 in prior year HOME entitlement and program income funding; $180,000 in anticipated FY2022/2023 HOME program income; $767,422 in prior year CDBG entitlement and program income funding; $27,800 in anticipated FY2022/2023 CDBG program income; and $1,179,080 in CDBG Revolving Loan Program funds. Funds provided through the CDBG Program may be used for housing, community and economic development, public services and facilities, acquisition, relocation and administration. Funds provided through the HOME Program are limited to housing-related activities and administration. The City partners with several non-profit agencies to implement the goals and objectives established in the Consolidated Plan. To obtain these partners, the City annually publishes in February a Notice of Funding Availability in the local newspaper and on its website. This notice Page 1 City of Clearwater Printed on 7/20/2022 File Number: ID#22-0672 informs the public of the resources the City will make available and the eligible uses of those resources. It also informs them of the 30-day application period for requesting funds. The applications were due on March 16, 2022. With the City receiving 23 applications, staff is recommending funding for 22 organizations. One public service agency changed operational activities after submitting its application, causing its application to be ineligible. A Technical Review Committee (TRC) comprised of a professional in the social service and grants community, a member of the City’s Neighborhood and Affordable Housing Advisory Board (NAHAB), a representative of the Homeless Leadership Alliance, and the City Clerk reviewed and ranked the applications. Applicants were provided an opportunity to present their proposed projects at the April 12, 2022, NAHAB meeting. City Housing staff also reviewed each application to ensure it met HUD’s baseline requirements. With guidance from the TRC and NAHAB and based on available funding, City staff prepared recommended funding allocations. The NAHAB met on May 10, 2022 and approved the recommended allocations. NAHAB approval is subject to City Council approval of the Annual Action Plan. Each year the City may allocate up to 15% of its CDBG entitlement funds for Public Services activities. This year the city received ten requests for funding of public services from eight public service providers and two Homebuyer Education Counselors in the amount $229,786. With one application withdrawn, $134,621 was available to fund the remaining nine activities. Staff recommends allocating a total of $30,000 to the two Homebuyer Education Counseling organizations as this is consistent with prior years’ activity levels to meet housing-related service needs. Staff recommends allocation of funding for the remaining seven organizations is based on the tiered ranking of TRC scoring for which the three highest-ranked applicants are granted fifty percent of the remaining public service funding ($17,436 each); the next two highest-ranked applicants are granted thirty percent ($15,693 each); and the two lowest-ranked applicants are granted twenty percent ($10,462 each). The City received nine requests for funding of Public Facilities improvements. The TRC reviewed each application and recommended funding of each request as appropriate. Staff is recommending funding of all eligible components of each request; however, staff is recommending that three of the projects totaling $193,802 are funded with CDBG-CV, which is not budgeted in the Annual Action Plan. The total staff-recommended allocation for the six projects within the Annual Action Plan is $523,107. These investments will help daily operations of each public service provider with improved facility functionality, efficiency, and safety features. The Annual Action Plan serves as a budget for planned projects and identifies unallocated funds available for additional project(s) throughout the budget year. Staff requests authorization to make administrative adjustments during the budget year to fund additional project(s), including shifting funds between projects within budgetary segments. Staff will request Council approval for any administrative adjustments that exceed City Manager authority of $100,000. On July 12, 2022, the NAHAB passed a motion recommending City Council approval of the FY2022/2023 Annual Action Plan. The FY2022/2023 Annual Action Plan is due to HUD on August 15, 2022. All organizations that will be receiving an allocation will have agreements prepared and executed by October 1, 2022. Staff performs compliance monitoring with funded organizations on an annual basis. Page 2 City of Clearwater Printed on 7/20/2022 File Number: ID#22-0672 APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 3 City of Clearwater Printed on 7/20/2022 City of Clearwater, FL 2022/2023 Annual Action Plan 2 OMB Control No: 2506-0117 (exp. 09/30/2021) TABLE OF CONTENTS Executive Summary ....................................................................................................................................... 4 AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) ........................................................................ 4 PR-05 Lead & Responsible Agencies – 91.200(b) ...................................................................................... 9 AP-10 Consultation – 91.100, 91.200(b), 91.215(l) ................................................................................. 11 AP-12 Participation – 91.105, 91.200(c) ................................................................................................. 19 Expected Resources .................................................................................................................................... 24 AP-15 Expected Resources – 91.220(c)(1,2) ........................................................................................... 24 Annual Goals and Objectives ...................................................................................................................... 28 AP-20 Annual Goals and Objectives ........................................................................................................ 28 Projects ....................................................................................................................................................... 34 AP-35 Projects – 91.220(d) ..................................................................................................................... 34 AP-38 Project Summary .......................................................................................................................... 37 AP-50 Geographic Distribution – 91.220(f) ............................................................................................. 50 Affordable Housing ..................................................................................................................................... 54 AP-55 Affordable Housing – 91.220(g) ................................................................................................... 54 AP-60 Public Housing – 91.220(h) ........................................................................................................... 56 AP-65 Homeless and Other Special Needs Activities – 91.220(i) ............................................................ 58 AP-75 Barriers to affordable housing – 91.220(j) ................................................................................... 62 AP-85 Other Actions – 91.220(k) ............................................................................................................ 64 Program Specific Requirements .................................................................................................................. 68 AP-90 Program Specific Requirements – 91.220(l)(1,2,4) ...................................................................... 68 Appendix ..................................................................................................................................................... 71 City of Clearwater, FL 2022/2023 Annual Action Plan 3 OMB Control No: 2506-0117 (exp. 09/30/2021) TABLES Table 1 – Responsible Agencies .................................................................................................................... 9 Table 2 – Agencies, groups, organizations who participated ..................................................................... 17 Table 3 – Other local / regional / federal planning efforts ......................................................................... 18 Table 4 – Citizen Participation Outreach .................................................................................................... 23 Table 5 – Expected Resources – Priority Table ........................................................................................... 25 Table 6 – Goals Summary ............................................................................................................................ 31 Table 7 – Project Information ..................................................................................................................... 35 Table 8 – Geographic Distribution .............................................................................................................. 50 Table 9 – One Year Goals for Affordable Housing by Support Requirement .............................................. 54 Table 10 – One Year Goals for Affordable Housing by Support Type ......................................................... 54 MAPS Map 1 – Low- and Moderate-Income Areas ............................................................................................... 51 Map 2 – Neighborhood Revitalization Strategy Areas Map ....................................................................... 52 City of Clearwater, FL 2022/2023 Annual Action Plan 4 OMB Control No: 2506-0117 (exp. 09/30/2021) EXECUTIVE SUMMARY AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) INTRODUCTION The City of Clearwater, Florida, has completed the planning process for the 2022/2023 Annual Action Plan as required by the U.S. Department of Housing and Urban Development (HUD). The purpose of the Annual Action Plan is to identify anticipated resources and proposed projects to address the goals, objectives, and strategies of the City’s Consolidated Plan spanning program years 2020/2021- 2024/2025. The Consolidated Plan guides the use of City resources to address housing and community development needs over a five-year period. The 2022/2023 Annual Action Plan covers the third year of the five-year period. The Annual Action Plan is developed in a manner specified by HUD, and the City has followed the prescribed format in completing the plan. During the planning process, the City published a Notice of Funding Availability (NOFA) and conducted a subrecipient grant application workshop (i.e., technical assistance meeting) that specifically consulted housing and public service providers. The City also convened meetings of the Neighborhood and Affordable Housing Advisory Board (NAHAB) and Technical Review Committee to consider federal allocations and project applications and held public hearings with the NAHAB and City Council to approve the Annual Action Plan. The purpose of this process was to facilitate the submittal of applications for projects that will address the goals, objectives, and strategies during the third year of the Consolidated Plan’s five-year period. There are four (4) major areas of focus in the Consolidated Plan: Housing, Homelessness, Non-Housing Community Development and Non-Homeless Special Needs. The Annual Action Plan process requires the City to identify anticipated resources and proposed projects to address the priority needs for each area of focus. The planning process was critical in selecting projects to effectively address these priority needs. SUMMARIZE THE OBJECTIVES AND OUTCOMES IDENTIFIED IN THE PLAN This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis, or the strategic plan. The City of Clearwater Consolidated Plan is structured around seven (7) goals in administering the City’s housing and community development programs. Each goal is accompanied by corresponding objectives toward meeting that goal. These goals and objectives are as follows: GOAL: PROGRAM ADMINISTRATION ADMINISTER THE CITY OF CLEARWATER’S FEDERALLY FUNDED GRANT PROGRAMS TO IMPLEMENT THE GOALS OF THE FIVE-YEAR CONSOLIDATED PLAN. City of Clearwater, FL 2022/2023 Annual Action Plan 5 OMB Control No: 2506-0117 (exp. 09/30/2021) GOAL: HOUSING PROVIDE AVAILABILITY OF, AND ACCESSIBILITY TO, DECENT AFFORDABLE HOUSING FOR THE RESIDENTS OF THE CITY OF CLEARWATER. Objective 1: Preserve the existing housing stock. Objective 2: Increase the availability of affordable housing units. Objective 3: Assist qualified low- and moderate-income households to become homeowners through supporting agencies that provide housing counseling. Objective 4: Provide mortgage assistance for low- and moderate-income homebuyers. Objective 5: Provide rental and utility assistance for low- and moderate-income persons. GOAL: HOMELESSNESS HELP TO PREVENT AND REDUCE HOMELESSNESS WITHIN THE CITY OF CLEARWATER. Objective 1: Support programs that offer shelter facilities and beds for the homeless. Objective 2: Assist agencies that engage in homeless prevention and service programs. GOAL: NON-HOMELESS SPECIAL NEEDS EXPAND THE ACCESSIBILITY AND COORDINATION OF SOCIAL SERVICES TO CITY OF CLEARWATER SPECIAL NEEDS POPULATIONS. Objective 1: Support construction, expansion, and improvement of facilities that assist the elderly, frail elderly, disabled, veterans, and other populations with special needs. Objective 2: Support programs to assist the elderly, frail elderly, disabled, veterans, and other populations with special needs. GOAL: COMMUNITY DEVELOPMENT & PUBLIC SERVICES ENHANCE THE LIVING ENVIRONMENT FOR PERSONS IN LOW- AND MODERATE-INCOME AREAS THROUGH COMMUNITY DEVELOPMENT ACTIVITIES, PUBLIC SERVICE PROGRAMS, AND ELIMINATION OF BLIGHT. Objective 1: Support the construction, expansion, and improvement of public facilities in low- and moderate-income areas. City of Clearwater, FL 2022/2023 Annual Action Plan 6 OMB Control No: 2506-0117 (exp. 09/30/2021) Objective 2: Encourage and support programs that promote neighborhood safety and security, youth accountability and mentoring, and community outreach to underserved populations in low- and moderate-income areas. Objective 3: Support agencies that offer meal and/or food bank services for persons and families of low- and moderate-income. Objective 4: Support the construction, expansion, and improvement of public parks, infrastructure, and utilities in low- and moderate-income areas. Objective 5: Eliminate blighted conditions through code enforcement and demolition in low- and moderate-income areas. GOAL: ECONOMIC DEVELOPMENT SUPPORT PROGRAMS THAT CREATE ECONOMIC OPPORTUNITIES IN THE CITY OF CLEARWATER, PARTICULARLY FOR PERSONS OF LOW- AND MODERATE-INCOME AND IN NEIGHBORHOOD REVITALIZATION STRATEGY AREAS. Objective 1: Support building façade programs in Neighborhood Revitalization Strategy Areas and low- and moderate-income areas. Objective 2: Support non-profit organizations in developing facilities that support the local economy. Objective 3: Support programs that create economic opportunity for low- to moderate-income persons, such as job training and entrepreneurship, small-business start-ups and incubators, and other economic development activities. GOAL: EMERGENCY/DISASTER RESPONSE PROVIDE ASSISTANCE PRIOR TO, DURING AND AFTER A COMMUNITY EMERGENCY AND/OR DISASTER EVENT TO PREPARE FOR AND/OR MITIGATE LOSS, PROTECT DURING AN EVENT, AND AID WITH RECOVERY. Objective 1: Provide assistance for activities that meet a particular urgent need or to prepare for, respond to, and recover from an event triggering a local, state, or national emergency declaration. EVALUATION OF PAST PERFORMANCE This is an evaluation of past performance that helped lead the grantee to choose its goals or projects. The Economic Development and Housing Department oversees implementation of the CDBG and HOME programs. The previous Annual Action Plan covered the second year of the City’s Consolidated Plan. The previous year has shown significant progress in the City’s efforts to implement HUD entitlement City of Clearwater, FL 2022/2023 Annual Action Plan 7 OMB Control No: 2506-0117 (exp. 09/30/2021) programs. The City is compliant with HUD regulations and continues to deliver housing and community development services in an efficient manner. For the previous program year, the City received an annual allocation of $922,626 in Community Development Block Grant (CDBG) funds and $452,259 in HOME Investment Partnerships (HOME). With those funds, approximately 15,000 people, 300 households, and 80 businesses are estimated to have been assisted during program year 2021/2022. With these funds, the Economic Development and Housing Department offered an array of housing programs and services providing the foundation needed to aid in promoting homeownership and/or sustainable neighborhoods: • Homeowner rehabilitation, including emergency repairs and accessibility retrofitting for persons with disabilities • Down payment and closing cost assistance for homebuyers • Acquisition/new construction for affordable housing • Fair housing activities • Funding to grant subrecipients for public services, including activities that serve the homeless, persons with special needs, or persons of low and moderate income • Funding for public facilities and infrastructure projects benefitting low- and moderate-income neighborhoods • Economic development activities The City has been successful in implementing these programs in the past and anticipates the continuation of such programs in the future. Over the next year, the City will use CDBG and HOME funds to meet the goals and objectives identified in the Consolidated Plan. SUMMARY OF CITIZEN PARTICIPATION PROCESS AND CONSULTATION PROCESS Summary from citizen participation section of plan. Comments and concerns raised during the citizen participation process were taken into consideration when developing the Annual Action Plan's anticipated resources and proposed projects. The Annual Action Plan is a collaborative process that involves a Notice of Funding Availability (NOFA), subrecipient applications, City staff and advisory board consideration of federal allocations and proposed projects, and identification of strategies for improved coordination and delivery. As part of this process, the City sought to identify projects and strategies to address the priority needs of the Consolidated Plan’s Strategic Plan. Such priority needs were identified during the Consolidated Plan process based on past program performance, available housing and demographic data, public input, housing and service provider consultation, and community meetings and surveys. In addition, the City provided opportunity for citizen participation and comment, including public notices, a 30-day comment period, and solicited input and direction from City Departments, the NAHAB, and the City Council to establish action items for the third year. SUMMARY OF PUBLIC COMMENTS This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan. City of Clearwater, FL 2022/2023 Annual Action Plan 8 OMB Control No: 2506-0117 (exp. 09/30/2021) Although there are many issues that are important to City of Clearwater residents, the following priority needs were identified in the Consolidated Plan and guided the 2022/2023 Annual Action Plan and projects selected: • Affordable housing, housing rehabilitation, and alternative housing options • Rental, down payment, and utilities assistance • Housing, facilities, and services for the homeless • Facilities and services for persons with special needs, including behavioral/mental health counseling and/or substance abuse treatment • Services for populations that fall into “service gaps” such as youth aging out of foster care and the transportation disadvantaged • Public facility improvements (e.g., parks, libraries, and community cultural/resource centers) • Public infrastructure improvements (e.g., utilities, public safety, and transportation) • Blight elimination/code enforcement • Economic development (e.g., support for neighborhood-level commercial, incentives and financial assistance for small businesses and start-ups, façade improvements) SUMMARY OF COMMENTS OR VIEWS NOT ACCEPTED AND THE REASONS FOR NOT ACCEPTING THEM All comments received by the City of Clearwater were considered and are, generally or specifically, addressed by the Annual Action Plan. Documentation of all comments received is included as an attachment (PDF format) to the Consolidated Plan submittal. SUMMARY The goals, objectives, and strategies of the 2020/2021-2024/2025 Consolidated Plan were identified through an extensive citizen participation process that involved neighborhood residents, local housing and service providers, and regional partners. The Consolidated Plan guides the City’s use of CDBG resources through seven (7) goals. These goals are summarized as Program Administration, Housing, Homelessness, Non-Homeless Special Needs, Community Development and Public Services, Economic Development, and Emergency/Disaster Response. The 2022/2023 Annual Action Plan identifies anticipated resources and proposed projects to address those goals. Over the third year of the Consolidated Plan, the City will continue to deliver housing and community development activities that support housing rehabilitation and assistance, public facility and infrastructure improvements, economic development initiatives, and partnerships with an array of housing and public service providers. City of Clearwater, FL 2022/2023 Annual Action Plan 9 OMB Control No: 2506-0117 (exp. 09/30/2021) PR-05 Lead & Responsible Agencies – 91.200(b) AGENCY/ENTITY RESPONSIBLE FOR PREPARING/ADMINISTERING THE CONSOLIDATED PLAN Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source. Agency Role Name Department/Agency Lead Agency City of Clearwater, FL Economic Development and Housing Department/Housing Division Table 1 – Responsible Agencies NARRATIVE (OPTIONAL) The City of Clearwater, Florida, is the lead agency responsible for overseeing the development of the Annual Action Plan. The Economic Development and Housing Department is the internal department that is responsible for the day-to-day administration of CDBG and HOME funding (see Table 1). However, the Economic Development and Housing Department worked closely with both the City Council and the Neighborhood and Affordable Housing Advisory Board (NAHAB) in addition to residents and sub-recipients to develop a meaningful document. The development of the Annual Action Plan was based on the previous Annual Action Plan, associated Consolidated Plan, and other relevant studies, plans and reports. Some of the primary documents included the City’s Neighborhood Revitalization Strategy Area documents, Local Housing Incentives Strategy and Local Housing Assistance Plan, and Economic Development Strategic Plan, and the Pinellas County Homeless Leadership Alliance’s reporting documents, among others. To maximize citizen participation, City staff published a Notice of Funding Availability (NOFA), held a grant application workshop (i.e., technical assistance meeting), convened the NAHAB and Technical Review Committee to consider anticipated resources and proposed projects, held a 30-day public comment period, and held a public hearing with the City Council to approve the Annual Action Plan. As part of these efforts, low- and moderate-income residents, as well as service providers, were encouraged to provide input on the Annual Action Plan, anticipated resources, and proposed projects. CONSOLIDATED PLAN PUBLIC CONTACT INFORMATION Inquiries, comments, or complaints concerning the Plan, any amendments, or performance reports, can be conveyed by contacting City staff at: City of Clearwater Economic Development and Housing Department 600 Cleveland St, Suite 600 (6th Floor) Clearwater, FL 33755 Telephone: (727) 562-4023 City of Clearwater, FL 2022/2023 Annual Action Plan 10 OMB Control No: 2506-0117 (exp. 09/30/2021) Fax: (727) 562-4037 Charles.Lane@MyClearwater.com Business hours: 8:00 a.m. to 5:00 p.m., Monday through Friday Written complaints may also be made to the Jacksonville Field Office of the U.S. Department of Housing and Urban Development (HUD) at the following address: U.S. Department of Housing and Urban Development Community Planning and Development Division 400 West Bay St., Ste. 1015 Jacksonville, FL 32202 Phone: (904) 232-2627 Fax: (904) 232-3759 Business hours: 8:00 a.m. to 4:30 p.m., Monday through Friday City of Clearwater, FL 2022/2023 Annual Action Plan 11 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-10 Consultation – 91.100, 91.200(b), 91.215(l) INTRODUCTION Partnering with other local, public, and private entities is vital to addressing the identified priority needs related to affordable housing, homelessness, special needs, and community development. Clearwater's Citizen Participation Plan incorporates the goals, policies, and implementation strategies that the City will undertake to encourage and ensure adequate citizen participation in the development of the Consolidated Plan, the Annual Action Plan, any substantial amendments to the Plans, and the Consolidated Annual Performance and Evaluation Report (CAPER). Citizen participation provides a means of involving the citizens of Clearwater in an advisory capacity in all phases of HUD programs. Citizen participation in such efforts is essential if the activities to be undertaken are to be truly successful and responsive to the needs and concerns of the community. The Citizen Participation Plan provides for and encourages residents to explain their needs and voice their concerns. Emphasis is placed on persons of low- and moderate-income who are residents of low- and moderate-income areas in which funds are proposed to be used. However, at the same time, residents are reminded that their input is advisory and that final authority for decision-making rests with the City Council, who is responsible to both the citizens of Clearwater and the Federal government. To promote citizen participation, the City published a notice of funding availability (NOFA), held a subrecipient grant application workshop (i.e., Technical Assistance Meeting), convened the Neighborhood and Affordable Housing Advisory Board (NAHAB) and Technical Review Committee to consider anticipated resources and proposed projects, published the draft Annual Action Plan for a 30- day public comment period, and held public hearings with the NAHAB and City Council to approve the Annual Action Plan. The NOFA, subrecipient grant application workshop, and 30-day public comment period provided opportunities for citizens and interested parties to become knowledgeable about Clearwater’s housing and community development programs and eligibility requirements. Participants were asked to provide input on how funds should be allocated to programs and projects related to affordable housing, homelessness, special needs, and community development. PROVIDE A CONCISE SUMMARY OF THE JURISDICTION’S ACTIVITIES TO ENHANCE COORDINATION BETWEEN PUBLIC AND ASSISTED HOUSING PROVIDERS AND PRIVATE AND GOVERNMENTAL HEALTH, MENTAL HEALTH, AND SERVICE AGENCIES (91.215(L)) Institutional coordination of the Annual Action Plan establishes a unified vision for community development. The City uses a collaborative process to shape various programs into effective, coordinated strategies. This process also facilitates the opportunity for planning and citizen participation to take place in a comprehensive context, attempting to reduce duplication of effort at the local level. City of Clearwater, FL 2022/2023 Annual Action Plan 12 OMB Control No: 2506-0117 (exp. 09/30/2021) The City will implement this Annual Action Plan in coordination with public, private, and nonprofit agencies. Nonprofit agencies may include, but are not limited to, service providers and community housing development organizations. Private sector partners may include, but are not limited to, local financial institutions, developers, and local businesses. The City works closely with its partners to design programs that address identified needs. Table 2 outlines the types of agencies and organizations consulted throughout the program year and during the development of the Annual Action Plan. Organizations consulted included various service providers, Community Housing Development Organizations (CHDOs), Clearwater Housing Authority, Pinellas County Homeless Leadership Alliance, City Departments, NAHAB, and the City Council, among others. DESCRIBE COORDINATION WITH THE CONTINUUM OF CARE AND EFFORTS TO ADDRESS THE NEEDS OF HOMELESS PERSONS (PARTICULARLY CHRONICALLY HOMELESS INDIVIDUALS AND FAMILIES, FAMILIES WITH CHILDREN, VETERANS, AND UNACCOMPANIED YOUTH) AND PERSONS AT RISK OF HOMELESSNESS. The City coordinated with the Pinellas County Homeless Leadership Alliance during development of the Consolidated Plan and through its most recent PIT and Homeless Assessment reports and with residents through community meetings. This consultation was pivotal in preparing the Needs Assessment and Strategic Plan components of the Consolidated Plan, which collectively inform the selection of projects for the 2022/2023 Annual Action Plan. The Clearwater Housing Authority was also consulted during the development of the Consolidated Plan through its most recent Public Housing Authority Plan and other HUD reports, which also inform the selection of projects for inclusion in the 2022/2023 Annual Action Plan. DESCRIBE CONSULTATION WITH THE CONTINUUM(S) OF CARE THAT SERVES THE JURISDICTION'S AREA IN DETERMINING HOW TO ALLOCATE ESG FUNDS, DEVELOP PERFORMANCE STANDARDS FOR AND EVALUATE OUTCOMES OF PROJECTS AND ACTIVITIES ASSISTED BY ESG FUNDS, AND DEVELOP FUNDING, POLICIES AND PROCEDURES FOR THE OPERATION AND ADMINISTRATION OF HMIS The City of Clearwater does not receive or administer an Emergency Shelter Grant (ESG). During the development of the Consolidated Plan, consultation with the Continuum of Care (CoC) included research of the Pinellas County Homeless Leadership Alliance (HLA) annual reports and plans, community meetings, public hearings, and notices. The Consolidated Plan establishes goals, objectives, and strategies to address homelessness, which inform the selection of projects for inclusion in the Annual Action Plan. The HLA, as the lead agency for the area’s CoC, utilizes the following system performance measures and procedural documents: HUD System Performance Measures, HUD CoC Project Priority Application Ranking System, NAEH Rapid Rehousing Performance Benchmarks and Program Standards, Annual Homeless Assessment Report (AHAR) and Homeless Management Information System (HMIS) data, City of Clearwater, FL 2022/2023 Annual Action Plan 13 OMB Control No: 2506-0117 (exp. 09/30/2021) Annual Point-in-Time (PIT) Count Report, Housing Inventory Count, and other documents including the Federal Strategic Plan to Prevent and End Homelessness. The HLA is comprised of 27 members, nine elected officials, and 16 community leaders/representatives. The Board consists of two councils, the Providers Council and Funders Council, that work together to identify concerns and make policies and recommendations on homeless issues. The mission of the HLA is to coordinate all community partners, systems, and resources available with the goal of helping individuals and families to prevent, divert, and end homelessness in Pinellas County. DESCRIBE AGENCIES, GROUPS, ORGANIZATIONS, AND OTHERS WHO PARTICIPATED IN THE PROCESS AND DESCRIBE THE JURISDICTION’S CONSULTATIONS WITH HOUSING, SOCIAL SERVICE AGENCIES AND OTHER ENTITIES Agency / Group / Organization Type What section of the Plan was addressed by Consultation? How was the Agency / Group / Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Arts 4 Life Academy, Inc. Services- Children/Services- Education Non-Housing Community Development Strategy Email Outreach for NOFA/Technical Assistance Meeting (Invited), Opportunity to Apply or Comment Bright Community Trust Housing Housing Needs Assessment/Market Analysis Email Outreach for NOFA/Technical Assistance Meeting (Attended), Opportunity to Apply or Comment City of Clearwater, City Council Government – Local/Civic Leaders All Sections Government/Local Officials, Approval of Advisory Board Recommendations and Action Plan City of Clearwater, Economic Development and Housing Department Other (City Departments)/ Grantee Department All Sections Internal Meetings with Economic Development and Housing Department Staff, Technical Review Committee Facilitation City of Clearwater, Neighborhood and Housing Advisory Board (NAHAB) Other (Advisory Board) All Sections Advisory Board, Recommendations regarding project selection and funding allocations Clearwater Housing Authority PHA Public Housing Needs/Market Analysis Consultation, Research of Annual and 5-Year PHA Plans City of Clearwater, FL 2022/2023 Annual Action Plan 14 OMB Control No: 2506-0117 (exp. 09/30/2021) Agency / Group / Organization Type What section of the Plan was addressed by Consultation? How was the Agency / Group / Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Clearwater MLK Jr. Neighborhood Center Coalition Services-Children/ Other (Food Bank)/Neighborhood Organization Market Analysis/Non- Housing Community Development Strategy Email Outreach for NOFA/Technical Assistance Meeting (Attended), Opportunity to Apply or Comment Clearwater Neighborhood Housing Services, Inc. (CNHS) Services-Fair Housing Housing Need Assessment/Public Housing Needs/Market Analysis Email Outreach for NOFA/Technical Assistance Meeting (Attended), Opportunity to Apply or Comment Directions for Living Other (Services- Mental Health) Non-Homeless Special Needs Email Outreach for NOFA/Technical Assistance Meeting (Attended), Opportunity to Apply or Comment FYI Community Partnership, Inc. (FYICP) Services- Children/Services- Educations/Services- Families Housing Need Assessment/Market Analysis Email Outreach for NOFA/Technical Assistance Meeting (Invited), Opportunity to Apply or Comment Gulfcoast Legal Services Other (Legal) Housing Need Assessment/ Homelessness Strategy/Market Analysis Email Outreach for NOFA/Technical Assistance Meeting (Attended), Opportunity to Apply or Comment Habitat for Humanity of Pinellas and West Pasco Counties Housing Housing Needs Assessment/Market Analysis Email Outreach for NOFA/Technical Assistance Meeting (Attended), Opportunity to Apply or Comment Home Share Pinellas Other (Services- Housing) Housing Needs Assessment/Market Analysis Email Outreach for NOFA/Technical Assistance Meeting (Invited), Opportunity to Apply or Comment Homeless Emergency Project, Inc. (HEP) Empowers Services-Homeless Homelessness Strategy/Homeless Needs-Chronically Homeless, Families with Children, Veterans, Unaccompanied Youth/Market Analysis Email Outreach for NOFA/Technical Assistance Meeting (Attended), Opportunity to Apply or Comment City of Clearwater, FL 2022/2023 Annual Action Plan 15 OMB Control No: 2506-0117 (exp. 09/30/2021) Agency / Group / Organization Type What section of the Plan was addressed by Consultation? How was the Agency / Group / Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Hope Villages of America, Inc. (fka RCS Pinellas) Housing/Other (Food Bank) Homelessness Strategy/Homeless Needs- Chronically Homeless, Families with Children, Veterans, Unaccompanied Youth/Market Analysis Email Outreach for NOFA/Technical Assistance Meeting (Attended), Opportunity to Apply or Comment Housing and Education Alliance (HEA) USA Other (Services- Housing) Housing Needs Assessment/Market Analysis Email Outreach for NOFA/Technical Assistance Meeting (Attended), Opportunity to Apply or Comment InterCultural Advocacy Institute (ICAI)/Hispanic Outreach Center Services- Children/Services- Education/Other (Legal)/Other (Food Bank) Market Analysis/Non- Housing Community Development Strategy Email Outreach for NOFA/Technical Assistance Meeting (Attended), Opportunity to Apply or Comment Kimberly Home Housing/Services- Health Housing Needs Assessment/Homelessness Strategy Email Outreach for NOFA/Technical Assistance Meeting (Attended), Opportunity to Apply or Comment LiFT, FL Services -Persons with Disabilities Non-Homeless Special Needs Email Outreach for NOFA/Technical Assistance Meeting (Attended), Opportunity to Apply or Comment Mattie Williams Neighborhood Family Center (NFC) Services-Children/ Services-Education/ Services-Employment Market Analysis/Anti-Poverty Strategy/Non- Housing Community Development Strategy Email Outreach for NOFA/Technical Assistance Meeting (Invited), Opportunity to Apply or Comment Miracles Outreach Community Development Center Services- Housing/Services- Children Housing Need Assessment/Homelessness Needs-Unaccompanied Youth/Market Analysis Email Outreach for NOFA/Technical Assistance Meeting (Invited), Opportunity to Apply or Comment Pinellas Community Foundation Optional (Foundation) Non-Homeless Special Needs/Non-Housing Community Development Strategy Email Outreach, Technical Review Committee Member City of Clearwater, FL 2022/2023 Annual Action Plan 16 OMB Control No: 2506-0117 (exp. 09/30/2021) Agency / Group / Organization Type What section of the Plan was addressed by Consultation? How was the Agency / Group / Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Pinellas County Homeless Leadership Alliance Services- Homeless/Continuum of Care Homelessness Strategy/Homeless Needs- Chronically Homeless, Families with Children, Veterans, Unaccompanied Youth/Market Analysis Consultation, Research of Reports and Plans, Email Outreach, Technical Review Committee Member Pinellas Opportunity Council/CHORE Services Services-Elderly Persons Non-Homeless Special Needs Email Outreach for NOFA/Technical Assistance Meeting (Attended), Opportunity to Apply or Comment Prospera Florida (Hispanic Business Initiative of Florida) Other (Economic Development) Market Analysis/Anti- Poverty Strategy/Non- Housing Community Development Strategy Email Outreach for NOFA/Technical Assistance Meeting (Attended), Opportunity to Apply or Comment R’Club Childcare, Inc. Services-Children Market Analysis/Non- Housing Community Development Strategy Email Outreach for NOFA/Technical Assistance Meeting (Attended), Opportunity to Apply or Comment St. Vincent DePaul Community Kitchen and Resource Center Services- Homeless/Other (Soup Kitchen) Homeless Needs- Chronically Homeless, Families with Children, Veterans, Unaccompanied Youth/Homelessness Strategy Email Outreach for NOFA/Technical Assistance Meeting (Attended), Opportunity to Apply or Comment Suncoast Housing Connections (fka Tampa Bay Community Development Corporation (CDC)) Housing/Services-Fair Housing Housing Need Assessment/Market Analysis Email Outreach for NOFA/Technical Assistance Meeting (Attended), Opportunity to Apply or Comment Tampa Bay Black Business Investment Corporation, Inc. (BBIC) Other (Investment Corporation) Market Analysis/Anti- Poverty Strategy/Non- Housing Community Development Strategy Email Outreach for NOFA/Technical Assistance Meeting (Attended), Opportunity to Apply or Comment Tampa Bay Neighborhood Housing Services Services-Fair Housing Housing Need Assessment/Public Housing Needs/Market Analysis Email Outreach for NOFA/Technical Assistance Meeting (Attended), Opportunity to Apply or Comment City of Clearwater, FL 2022/2023 Annual Action Plan 17 OMB Control No: 2506-0117 (exp. 09/30/2021) Agency / Group / Organization Type What section of the Plan was addressed by Consultation? How was the Agency / Group / Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Tarpon Springs Housing Authority PHA Public Housing Needs/Market Analysis Consultation, Research of Annual and 5-Year PHA Plans The Arc Tampa Bay Services-Persons with Disabilities Non-Homeless Special Needs Email Outreach for NOFA/Technical Assistance Meeting (Attended), Opportunity to Apply or Comment The Salvation Army Services-Homeless Homelessness Strategy/Homeless Needs- Chronically Homeless, Families with Children, Veterans, Unaccompanied Youth/Market Analysis Email Outreach, Technical Review Committee Member WestCare, Gulfcoast-Florida, Inc. Services-Persons with HIV/AIDS/Services- Health/Other (Services-Mental Health) Non-Homeless Special Needs Email Outreach for NOFA/Technical Assistance Meeting (Attended), Opportunity to Apply or Comment Table 2 – Agencies, groups, organizations who participated IDENTIFY ANY AGENCY TYPES NOT CONSULTED AND PROVIDE RATIONALE FOR NOT CONSULTING During the development of the Consolidated Plan, the City of Clearwater consulted with the lead agency for the CoC, local and county public housing authorities (PHAs), affordable housing providers, various social service providers, City departments, and civic leaders. Additionally, during the development of the 2022/2023 Action Plan, the citizens, including but not limited to low- and moderate-income residents and other entities impacted by housing and community development activities, were noticed of funding availability, a subrecipient grant application workshop (i.e., technical assistance meeting), posting of the draft Annual Action Plan for a 30-day comment period, and meetings and public hearings of the NAHAB and City Council. Such noticing occurred by email, City website, and newspaper advertisements. Other agencies and organizations not directly consulted were consulted indirectly by research of published plans and reports. City of Clearwater, FL 2022/2023 Annual Action Plan 18 OMB Control No: 2506-0117 (exp. 09/30/2021) OTHER LOCAL/REGIONAL/STATE/FEDERAL PLANNING EFFORTS CONSIDERED WHEN PREPARING THE PLAN Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of Care (CoC) Pinellas County Homeless Leadership Alliance Homelessness/Help to prevent and reduce homelessness within the City of Clearwater. State Housing Initiatives Partnership (SHIP) Local Housing Incentives Strategy (2021) and Local Housing Assistance Plan (2021) City of Clearwater/State of Florida Housing/Provide availability of and accessibility to decent affordable housing for the residents of the City of Clearwater (e.g., identification of barriers and incentives strategies). Economic Development Strategic Plan (2011) City of Clearwater Economic Development/Support programs that create economic opportunities in the City of Clearwater, particularly for persons low- and moderate-income and in Neighborhood Revitalization Strategy Areas. Tampa Bay Comprehensive Economic Development Strategy (CEDS) (2017, Updated 2021) Tampa Bay Regional Planning Council Economic Development/Support programs that create economic opportunities in the City of Clearwater, particularly for persons low- and moderate-income and in Neighborhood Revitalization Strategy Areas. Table 3 – Other local / regional / federal planning efforts NARRATIVE (OPTIONAL) Many of the programs and activities that will be carried out by the City of Clearwater during the third program year (2022/2023) will involve coordination with subrecipient agencies and organizations. The City actively works with subrecipients to support the City’s goals of affordable housing, reduced homelessness, accessible social services, enhanced living environment, and economic opportunity for low- and moderate-income persons. At a minimum, implicit in these goals is the City’s commitment to providing coordinated community, housing, and supportive services to its lower income residents. These services are provided through not only City-administered CDBG and HOME programs, but also through subrecipient partnerships, coordination with government and quasi-government agencies, and respective planning efforts (see Table 3). The City will continue to encourage partnerships between governments, lenders, builders, developers, real estate professionals, and advocates for low-income persons. The City will continue to work with the building industry, banking industry, real estate industry, social service providers and other community groups to promote the development of affordable housing and related housing services. City of Clearwater, FL 2022/2023 Annual Action Plan 19 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-12 Participation – 91.105, 91.200(c) SUMMARY OF CITIZEN PARTICIPATION PROCESS/EFFORTS MADE TO BROADEN CITIZEN PARTICIPATION The development of the Annual Action Plan requires a citizen participation process to obtain input from residents and service providers that represent the City of Clearwater’s low- and moderate-income, homeless, or special needs populations. The following section describes the citizen participation process conducted by the City to develop the 2022/2023 Action Plan. During the development of the 2022/2023 Action Plan, the City published a Notice of Funding Availability (NOFA) and held a subrecipient grant application workshop (i.e., technical assistance meeting) to collect applications for potential projects. The City of Clearwater’s Neighborhood and Affordable Housing Advisory Board (NAHAB) then convened to discuss the anticipated resources and applications for potential projects. Applicants were provided an opportunity to present their projects to the NAHAB for consideration. A Technical Review Committee also met to discuss project eligibility specific to the City’s federally funded programs. Once potential projects were recommended by the Technical Review Committee and selected by the NAHAB, the draft Annual Action Plan was posted for a 30-day comment period. At the conclusion of the 30-day comment period, public hearings were held with the NAHAB and City Council to approve the 2022/2023 Action Plan for submittal to HUD. Noticing of these events occurred by email, City website, and newspaper advertisements. Notices for public meetings/hearings included information for persons needing reasonable accommodations to participate. A summary of the citizen participation process is shown in Table 4. Copies of advertisements, meeting minutes, and other documentation are included in the Appendix. SUMMARIZE CITIZEN PARTICIPATION PROCESS AND HOW IT IMPACTED GOAL SETTING Comments and concerns raised during the citizen participation process were taken into consideration when developing the Annual Action Plan. The 2022/2023 Action Plan is intended to support the goals, objectives, and strategies of the Five-Year Consolidated Plan, and to address the priority needs of the community. Applications for potential projects to be funded were considered by the NAHAB and Technical Review Committee, and were selected based on available funding, eligibility of proposed activities, and relevance to the Consolidated Plan. The selected projects support the City’s goals pertaining to housing, homelessness, non-homeless special needs, community development and public services, and economic development. Program administration activities, though not part of the application process, are also included in the 2022/2023 Action Plan. No activities pertaining to emergency/disaster response are included in the third-year Action Plan. City of Clearwater, FL 2022/2023 Annual Action Plan 20 OMB Control No: 2506-0117 (exp. 09/30/2021) CITIZEN PARTICIPATION OUTREACH Continued next page. City of Clearwater, FL 2022/2023 Annual Action Plan 21 OMB Control No: 2506-0117 (exp. 09/30/2021) Sort Order Mode of Outreach Target of Outreach Summary of response/ attendance Summary of comments received Summary of comments not accepted and reasons URL (If applicable) 1 Other (Email Outreach) Other (Service Providers/Subrecip ients) February 16, 2022 Notice of Funding Availability (NOFA)/Online Project Application Process emailed to service providers/subrecipients N/A www.myclearwater.com/affordabl ehousing 2 Newspaper Ad Non- Targeted/Broad Community February 16, 2022 Notice of Funding Availability (NOFA)/Online Project Application Process published in Tampa Bay Times N/A N/A 3 Internet Outreach Non- Targeted/Broad Community February 16, 2022 thru March 16, 2022 Online Project Application Process made available on the City’s website N/A www.myclearwat er.com/affordabl ehousing 4 Public Meeting Non- Targeted/Broad Community March 2, 2022 City staff held Subrecipient Grant Application Workshop (i.e., Technical Assistance Meeting) for project applicants; provided information regarding the City’s federally funded programs and application process Attendance noted; see Appendix N/A City of Clearwater, FL 2022/2023 Annual Action Plan 22 OMB Control No: 2506-0117 (exp. 09/30/2021) Sort Order Mode of Outreach Target of Outreach Summary of response/ attendance Summary of comments received Summary of comments not accepted and reasons URL (If applicable) 5 Internet Outreach Non-Targeted/Broad Community April-May 2022 Notice of NAHAB meetings published online to City’s website and calendar N/A https://www.myclearwater.com/ne ws-info/citywide- calendar/city- meetings; https://www.myc learwater.com/go vernment/council -meeting- streaming-videos 6 Public Hearing Non- Targeted/Broad Community April 12, 2022; NAHAB Meeting Applicants presented potential projects to NAHAB and Technical Review Committee All comments recorded; see Appendix for meeting agenda/minutes https://www.myc learwater.com/go vernment/council-meeting- streaming-videos 7 Other (Technical Review Committee Meeting) Other (Technical Review Committee) April 20, 2022; Technical Review Committee Meeting Technical Review Committee met to discuss applications/ presentations Attendance noted; see Appendix N/A 8 Public Hearing Non- Targeted/Broad Community May 10, 2022; NAHAB Meeting Technical Review Committee provided recommendations to NAHAB; NAHAB provided input on project selection/budget allocations All comments recorded; see Appendix for meeting agenda/minutes https://www.myc learwater.com/go vernment/council -meeting- streaming-videos 9 Newspaper Ad Non- Targeted/Broad Community June 8, 2022 Plan summary, notice of 30-day comment period, and notice of public hearings published in Tampa Bay Times N/A N/A 10 Other (30-Day Public Comment Period) Non-Targeted/Broad Community June 12, 2022 thru July 11, 2022 Draft document made available on the City’s website N/A www.myclearwater.com/affordabl ehousing City of Clearwater, FL 2022/2023 Annual Action Plan 23 OMB Control No: 2506-0117 (exp. 09/30/2021) Sort Order Mode of Outreach Target of Outreach Summary of response/ attendance Summary of comments received Summary of comments not accepted and reasons URL (If applicable) 11 Public Hearing Non-Targeted/Broad Community July 12, 2022; NAHAB Meeting Public hearing to receive NAHAB input on plan/recommendation All comments recorded; see Appendix for meeting agenda/minutes https://www.myclearwater.com/go vernment/council -meeting- streaming-videos 12 Public Hearing Non- Targeted/Broad Community July 21, 2022; City Council Meeting Public hearing to receive City Council input on plan/approval All comments recorded; see Appendix for meeting agenda/minutes https://www.myc learwater.com/go vernment/council-meeting- streaming-videos Table 4 – Citizen Participation Outreach City of Clearwater, FL 2022/2023 Annual Action Plan 24 OMB Control No: 2506-0117 (exp. 09/30/2021) EXPECTED RESOURCES AP-15 Expected Resources – 91.220(c)(1,2) INTRODUCTION The Annual Action Plan must identify the federal, state, local, and private resources expected to be available to the City to address the priority needs and goals identified in the Five-Year Consolidated Plan. These resources are summarized in AP-15 (Table 5). The City of Clearwater expects a total entitlement allocation of $897,475 in CDBG funding for the 2022/2023 program year. Program income for CDBG, on hand and estimated, is expected to be approximately $1,231,980 (including $1,179,080 from the revolving loan program). Approximately $767,422 is expected from prior-year resources to be carried over. CDBG funds will be used for housing and community development activities including, but not limited to, housing rehabilitation and acquisition, homebuyer education, public facilities and services, homeless and special needs activities, economic development, and administration of the City’s CDBG program. The City of Clearwater expects a total entitlement allocation of $509,528 in HOME funding for the 2022/2023 program year. Program income from HOME, on hand and estimated, is expected to be approximately $1,967,722 with approximately $2,003,239 in prior-year resources to be carried-over. HOME funds will be used for housing activities such as housing acquisition or rehabilitation, new construction, down payment assistance, Tenant-Based Rental Assistance, CHDO support, and administration of the City’s HOME program. The 2022/2023 Action Plan represents “Year 3” of the 2020-2024 Consolidated Plan. The expected amount available during the remainder of the Consolidated Plan is based on the estimated amount remaining for the four-year period (i.e., 2021-2024) minus the entitlement allocations for Year 2 (2021/2022) and Year 3 (2022/2023), excluding program income and prior-year resources. The Annual Action Plan must summarize the City of Clearwater’s priority needs and the specific goals it intends to initiate and/or complete within Year 3 of the Consolidated Plan. These goals must be described in quantitative terms. The City has selected goal outcome indicators and quantities based on the anticipated performance measured of the 2022/2023 Annual Action Plan. See AP-20 (Table 6). City of Clearwater, FL 2022/2023 Annual Action Plan 25 OMB Control No: 2506-0117 (exp. 09/30/2021) ANTICIPATED RESOURCES Program Source of Funds Uses of Funds Expected Amount Available Year 1, Annual Allocation: $ Expected Amount Available Year 1, Program Income: $ Expected Amount Available Year 1, Prior Year Resources: $ Expected Amount Available Year 1, Total: $ Expected Amount Available Remainder of Con Plan $ Narrative Description CDBG Public – Federal Acquisition, Admin and Planning, Economic Development, Housing, Public Improvements, Public Services $897,475* $1,231,980 $767,422 $2,896,877 $1,959,899 The Federal CDBG allocation will be used for housing and community development activities. Funding from other sources may be leveraged against CDBG dollars for public benefit. HOME Public – Federal Acquisition, Homebuyer Assistance, Homeowner Rehab, Multifamily Rental New Construction, Multifamily Rental Rehab, New Construction for Ownership, TBRA $509,528* $1,967,722 $2,003,239 $4,480,489 $1,062,213 The Federal HOME allocation will used for housing activities. Funding from other sources may be leveraged against HOME dollars for public benefit. SHIP Public - State Acquisition, Homebuyer Assistance, Homeowner Rehab, Multifamily Rental New Construction, Multifamily Rental Rehab, New Construction for Ownership, TBRA $1,128,102 $420,000 $0 $1,548,102 $1,240,000 The State SHIP allocation will be used to match federal funding for housing activities. Table 5 – Expected Resources – Priority Table *HUD 2022 Formula Allocation Notes: Program income amounts are estimated amounts and actual amounts may differ if larger sums are received from loan payoffs. Prior year resource amounts were estimated based on activities to be encumbered by the end of September 2022. These amounts will be updated during the 2022 program year close-out. City of Clearwater, FL 2022/2023 Annual Action Plan 26 OMB Control No: 2506-0117 (exp. 09/30/2021) EXPLAIN HOW FEDERAL FUNDS WILL LEVERAGE THOSE ADDITIONAL RESOURCES (PRIVATE, STATE, AND LOCAL FUNDS), INCLUDING A DESCRIPTION OF HOW MATCHING REQUIREMENTS WILL BE SATISFIED Other resources, such as private and non-federal public sources may become available to the City of Clearwater during the program year. For CDBG leveraging, these resources may include funding from State Housing Initiatives Partnership (SHIP), Community Redevelopment Agency (CRA), City departments (e.g., Engineering, Parks and Recreation, etc.), non-profit public facility or service providers, or other sources. The City will also look to leverage funds, if available, from lending institutions, homeowner contributions, SHIP, Community Housing Development Organizations (CHDOs), Public Housing Authority (PHA), and other housing partners/agencies against HOME dollars. The City shall assure that HUD requirements as they relate to non-Federal share will be utilized as referenced in 24 CFR 570.201(3)(g) for any project in which CDBG or HOME funding is used as the non-federal match. In the future, the City will continue to aggressively pursue funding from private, public, and federal sources to address housing and community development needs. City of Clearwater, FL 2022/2023 Annual Action Plan 27 OMB Control No: 2506-0117 (exp. 09/30/2021) IF APPROPRIATE, DESCRIBE PUBLICLY OWNED LAND OR PROPERTY LOCATED WITHIN THE JURISDICTION THAT MAY BE USED TO ADDRESS THE NEEDS IDENTIFIED IN THE PLAN The City of Clearwater owns properties within low- and moderate-income areas of its jurisdiction. The City also maintains an “Affordable Housing Inventory List” that is updated periodically by City resolution. As of the most recent iteration, approved in June 2022 with the adoption of Resolution No. 22-13, there are 8 properties on this list. These properties are vacant and located on the following streets: South Martin Luther King Jr. Ave., Monroe Ave., Taft Ave., Grant St. (3), Marshall St., and Vine Ave. As part of the City’s reporting for the SHIP program, the City’s Affordable Housing Advisory Committee (AHAC) regularly reviews this list for opportunities to support affordable housing production in coordination with local developers and other housing partners/agencies. This list will be updated in 2025. Currently, the 8 properties on the list represent 4 development opportunities for affordable housing. DISCUSSION The City Clearwater’s anticipated funding allocation from CDBG and HOME will address many of the City’s goals, including those pertaining to housing, homelessness, non-homeless special needs, community development and public services, and economic development. Program administration activities, though not part of the application process, will also be funded. No activities pertaining to emergency/disaster response are included in the third-year Action Plan; however, this goal is reserved for future unforeseen needs should they arise. The City is fortunate to have a network of public service providers and partner agencies to help address these goals through financial leveraging with non-federal sources such as SHIP and other private, public, and federal sources. City of Clearwater, FL 2022/2023 Annual Action Plan 28 OMB Control No: 2506-0117 (exp. 09/30/2021) ANNUAL GOALS AND OBJECTIVES AP-20 Annual Goals and Objectives GOALS SUMMARY INFORMATION Continued next page. City of Clearwater, FL 2022/2023 Annual Action Plan 29 OMB Control No: 2506-0117 (exp. 09/30/2021) Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 1 Program Administration 2022 2023 Other (Administration) Citywide Low- and Moderate-Income Areas Program Administration CDBG: $179,495; HOME: $59,952; SHIP: $133,810 Other: 0 Other 2 Housing 2022 2023 Affordable Housing; Public Housing Citywide Low- and Moderate-Income Areas; North Greenwood NRSA Housing Rehabilitation (Owner and Rental); Housing New Construction (Owner and Rental); Homeowner Assistance; Rental Assistance CDBG: $1,112,280; HOME: $4,420,537; SHIP: $1,414,292 Public service activities for Low/Moderate Income Housing Benefit: 190 Households Assisted; Rental units constructed: 14 Household/Housing Unit; Rental units rehabilitated: 10 Household/Housing Unit; Homeowner Housing Added: 12 Household/Housing Unit; Homeowner housing rehabilitated: 14 Household/Housing Unit; Tenant-Based Rental Assistance/Rapid Rehousing: 200 Households Assisted; Direct Financial Assistance to Homebuyers: 25 Households Assisted City of Clearwater, FL 2022/2023 Annual Action Plan 30 OMB Control No: 2506-0117 (exp. 09/30/2021) Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 3 Homelessness 2022 2023 Homeless Citywide Low- and Moderate-Income Areas; North Greenwood NRSA; Lake Bellevue NRSA; Downtown Gateway District NRSA Facilities/Services for Homeless Adults & Families; Case Management CDBG: $265,155 Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit: 1,935 Persons Assisted; Public service activities other than Low/Moderate Income Housing Benefit: 30 Persons Assisted; Homeless Person Overnight Shelter: 600 Persons Assisted; Rental Units Rehabilitated: 8 Household/Housing Units 4 Non-Homeless Special Needs 2022 2023 Non-Homeless Special Needs Citywide Low- and Moderate-Income Areas Behavioral/Mental Health/Substance Abuse Services; Facilities/Services for Seniors/Elderly; Facilities/Services for Persons with Disabilities; Case Management CDBG: $139,443 Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit: 5,910 Persons Assisted; Public service activities other than Low/Moderate Income Housing Benefit: 146 Persons Assisted City of Clearwater, FL 2022/2023 Annual Action Plan 31 OMB Control No: 2506-0117 (exp. 09/30/2021) Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 5 Community Development and Public Services 2022 2023 Non-Housing Community Development Citywide Low- and Moderate-Income Areas; North Greenwood NRSA; Lake Bellevue NRSA Facilities/Services for Youth; Legal Services; Public Park Improvements; Community Building/Facility Rehab/Retrofit; Code Enforcement/Blight Elimination CDBG: $763,704 Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit: 1,775 Persons Assisted; Public service activities other than Low/Moderate Income Housing Benefit: 85 Persons Assisted; Buildings Demolished: 1 Buildings 6 Economic Development 2022 2023 Non-Housing Community Development Citywide Low- and Moderate-Income Areas; North Greenwood NRSA Building Facade Improvements; Economic Opportunity/Business Assistance CDBG: $436,800 Facade treatment/business building rehabilitation: 3 Business; Businesses assisted: 55 Businesses Assisted 7 Emergency/ Disaster Response 2022 2023 Other (Emergency/ Disaster Response) Citywide Low- and Moderate-Income Areas Emergency/Disaster Response (TBD) based on urgent Need CDBG: $0; HOME: $0 Other: 0 (N/A) Table 6 – Goals Summary *Note: Includes funding from CDBG Revolving Loan Fund City of Clearwater, FL 2022/2023 Annual Action Plan 32 OMB Control No: 2506-0117 (exp. 09/30/2021) GOAL DESCRIPTIONS Sort Order 1 Goal Name Program Administration Goal Description Administer the City of Clearwater’s federally funded grant programs to implement the goals of the Five-Year Consolidated Plan. | CDBG - $179,495 | HOME - $59,952 | SHIP - $133,810 Sort Order 2 Goal Name Housing Goal Description Provide availability of and accessibility to decent affordable housing for the residents of the City of Clearwater. | CDBG - $1,112,280* (See note below) | HOME - $4,420,537 | SHIP - $1,414,292 Sort Order 3 Goal Name Homelessness Goal Description Help to prevent and reduce homelessness within the City of Clearwater. | CDBG - $265,155 Sort Order 4 Goal Name Non-Homeless Special Needs Goal Description Expand the accessibility and coordination of social services to City of Clearwater special needs populations. | CDBG - $139,443 Sort Order 5 Goal Name Community Development and Public Services Goal Description Enhance the living environment for persons in low- and moderate-income areas through community development activities, public service programs, and elimination of blight. | CDBG - $763,704 Sort Order 6 Goal Name Economic Development Goal Description Support programs that create economic opportunities in the City of Clearwater, particularly for persons of low and moderate income and in Neighborhood Revitalization Strategy Areas (NRSAs). | CDBG - $436,800 Sort Order 7 Goal Name Emergency/Disaster Response Goal Description Provide assistance prior to, during, and after a community emergency and/or disaster event to prepare for and/or mitigate loss, protect during and event, and aid with recovery. | CDBG - $0 | HOME - $0 [Priority needs to be determined (TBD) based on urgent need.] *Note: Includes funds in Revolving Loan Program (CDBG) City of Clearwater, FL 2022/2023 Annual Action Plan 33 OMB Control No: 2506-0117 (exp. 09/30/2021) ESTIMATE THE NUMBER OF EXTREMELY LOW-INCOME, LOW-INCOME, AND MODERATE-INCOME FAMILIES TO WHOM THE JURISDICTION WILL PROVIDE AFFORDABLE HOUSING AS DEFINED BY HOME 91.215(B) Through the available CDBG and HOME funding for the 2022/2023 program year, the City will provide affordable housing activities to support approximately 275 low- and moderate-income households. Activities to support low- and moderate-income households will include housing rehabilitation, new construction, down payment assistance, and rental assistance. Additionally, the City will fund public service activities to support 190 households through homebuyer education and counseling toward homeownership. In total, an estimated 465 households will benefit from housing-related activities. City of Clearwater, FL 2022/2023 Annual Action Plan 34 OMB Control No: 2506-0117 (exp. 09/30/2021) PROJECTS AP-35 Projects – 91.220(d) INTRODUCTION The City’s planned actions for the 2022/2023 Action Plan are intended to support housing and community development for the City’s low- and moderate-income, homeless, and special needs populations. The City will continue to operate its CDBG and HOME programs through the Economic Development and Housing Department, which will continue to provide funding for housing rehabilitation, housing construction, and homeownership assistance. These actions will further the goal of improving the availability of and accessibility to affordable housing in Clearwater. As in the past, the City will continue to coordinate with housing and public service providers to address the needs of homeless and non-homeless special needs populations generally assumed to be low- and moderate-income. During the 2022/2023 program year, the City will fund activities that provide public services to the homeless and those at risk of becoming homeless, the elderly, persons with disabilities, persons with mental health or substance abuse challenges, and youth and families of low- and moderate-income. Planned community development activities include improvements to public facilities that serve these populations and economic development activities that support business assistance and building façade improvements. The City’s planned actions for the 2022/2023 Action Plan are summarized in AP-35 and AP-38 (see Table 7). City of Clearwater, FL 2022/2023 Annual Action Plan 35 OMB Control No: 2506-0117 (exp. 09/30/2021) PROJECTS Sort Order Project Name 1 City of Clearwater – CDBG General Administration/Planning 2 City of Clearwater – HOME General Administration/Planning 3 City of Clearwater – Administration from Program Income 4 City of Clearwater – SHIP General Administration/Planning 5 Clearwater Neighborhood Housing Services – DPA/Loan Processing 6 Clearwater Neighborhood Housing Services – Homebuyer Education 7 Tampa Bay CDC – DPA/Loan Processing 8 Tampa Bay CDC – Homebuyer Education 9 New Construction of Downtown Rental Housing Project 10 Washington Street Development 11 Owner-Occupied Rehabilitation 12 Owner-Occupied Land Acquisition 13 Owner-Occupied New Construction 14 Multi-Family Rehabilitation 15 Multi-Family Land Acquisition 16 Multi-Family New Construction 17 Down Payment Assistance Loans 18 Tenant-Based Rental Assistance (TBRA) 19 CHDO Set-Aside – FY 22-23 20 Homeless Emergency Project – 1357 Park Street Improvements 21 Homeless Emergency Project – HVAC Analysis 22 Homeless Emergency Project – Adult Emergency Shelter 23 Kimberly Home – Resident Advisor Salary Support 24 St. Vincent de Paul – Community Kitchen and Resource Center (Facilities) 25 Directions for Living – Elevator Improvements 26 Pinellas Opportunity Council – Chore Services 27 WestCare Gulfcoast Florida – Turning Point 28 The Arc Tampa Bay 29 Clearwater Neighborhood Housing Services – Office Improvements 30 Gulf Coast Legal Services 31 InterCultural Advocacy Institute – Youth Leadership 32 Clearwater MLK Jr. Neighborhood Center (Facilities, Rehabilitation) 33 Property Acquisition and Demolition – Slum/Blight Removal 34 City of Clearwater Ross Norton Playground 35 TBD – Public Facilities Projects 36 Façade Improvement Program 37 Hispanic Business Initiative Fund of Florida (Prospera) – Microenterprise Assistance 38 Tampa Bay Black Business Investment Corp. – Microenterprise Assistance 39 TBD – Economic Development Projects Table 7 – Project Information City of Clearwater, FL 2022/2023 Annual Action Plan 36 OMB Control No: 2506-0117 (exp. 09/30/2021) DESCRIBE THE REASONS FOR ALLOCATION PRIORITIES AND ANY OBSTACLES TO ADDRESSING UNDERSERVED NEEDS The allocation priorities are focused on six (6) goals from the Consolidated Plan: program administration, housing, homelessness, non-homeless special needs, community development and public services, and economic development. No funding was allocated to emergency/disaster response; however, this goal is reserved for unforeseen urgent need activities. It is important to note that total funding for public services is capped at 15% of the total CDBG allocation. Total funding for activities related to administration is capped at 20% for CDBG and 10% for HOME. Strategic Plan Goal CDBG + HOME (% of Total Funding)* Program Administration $239,447 (3.2%) Housing $5,532,817 (75.0%) Homelessness $265,155 (3.6%) Non-Homeless Special Needs $139,443 (1.9%) Community Development and Public Services $763,704 (10.4%) Economic Development $436,800 (5.9%) Emergency/Disaster Response $0 (0.0%) TOTAL $7,377,366 *Includes program income and prior year resources. Excludes SHIP (State) resources. Percentages have been rounded. The “Great Recession” reduced revenues for all levels of government (federal, state, and local). Reduced revenues have hindered the City’s ability to meet the needs of low- and moderate-income, homeless, and special needs populations. More recently, the COVID-19 pandemic further increased the needs of lower income residents. Combined, these events have generally increased the demand for public services, which places additional burden on public service agencies within the City. Although HUD previously waived public service and administration caps for some federally funded programs, these served as only temporary solutions to ongoing economic obstacles for lower income residents. In Clearwater, the lack of available land and rapidly rising housing prices continue to be an obstacle to affordable housing. Rapidly rising housing prices have also increased the need for affordable rental units for households priced out of the owner market. Affordable rental development projects are needed to offset the large proportion of high-end apartment complexes in the City. City of Clearwater, FL 2022/2023 Annual Action Plan 37 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-38 Project Summary PROJECT SUMMARY INFORMATION Sort Order 1 Project Name City of Clearwater – CDBG General Administration/Planning Target Area Citywide Low- and Moderate-Income Areas Goals Supported Program Administration Needs Addressed Program Administration Funding CDBG: $179,495 Description Administration of CDBG program. Target Date 9/30/2023 Estimate the number and type… Other: 0 other Location Description 600 Cleveland St., Suite 600, Clearwater, FL 33755 (Citywide/Clearwater) Planned Activities Administration of CDBG program Sort Order 2 Project Name City of Clearwater – HOME General Administration/Planning Target Area Citywide Low- and Moderate-Income Areas Goals Supported Program Administration Needs Addressed Program Administration Funding HOME: $50,952 Description Administration of HOME program. Target Date 9/30/2023 Estimate the number and type… Other: 0 other Location Description 600 Cleveland St., Suite 600, Clearwater, FL 33755 (Citywide/Clearwater) Planned Activities Administration of HOME program Sort Order 3 Project Name City of Clearwater – Administration from Program Income Target Area Citywide Low- and Moderate-Income Areas Goals Supported Program Administration Needs Addressed Program Administration Funding HOME: $9,000; SHIP: $21,000 Description Administration of HOME program; funding from program income. Target Date 9/30/2023 Estimate the number and type… Other: 0 other Location Description 600 Cleveland St., Suite 600, Clearwater, FL 33755 (Citywide/Clearwater) Planned Activities Program administration Sort Order 4 Project Name City of Clearwater – SHIP General Administration/Planning Target Area Citywide Low- and Moderate-Income Areas City of Clearwater, FL 2022/2023 Annual Action Plan 38 OMB Control No: 2506-0117 (exp. 09/30/2021) Goals Supported Program Administration Needs Addressed Program Administration Funding SHIP: $112,810 Description Administration of SHIP program. Target Date 9/30/2023 Estimate the number and type… Other: 0 other Location Description 600 Cleveland St., Suite 600, Clearwater, FL 33755 (Citywide/Clearwater) Planned Activities Program administration Sort Order 5 Project Name Clearwater Neighborhood Housing Services – DPA/Loan Processing Target Area North Greenwood NRSA Goals Supported Housing Needs Addressed Homeowner Assistance Funding HOME: $10,500; SHIP: $10,500 Description Funding provided for Down Payment Assistance loan processing services for qualified low- to moderate-income homebuyers. Target Date 9/30/2023 Estimate the number and type… Direct Financial Assistance to Homebuyers: 7 households assisted Location Description 608 N. Garden Ave., Clearwater, FL 33755 Planned Activities Down Payment Assistance program/administration (subrecipient, dba Tampa Bay Neighborhood Housing Services) Sort Order 6 Project Name Clearwater Neighborhood Housing Services – Homebuyer Education Target Area North Greenwood NRSA Goals Supported Housing Needs Addressed Homeowner Assistance Funding CDBG: $15,000; SHIP: $3,000 Description Funding provided for homeownership education and counseling for low- to moderate-income households. Target Date 9/30/2023 Estimate the number and type… Public Service Activities for Low/Moderate Income Housing Benefit: 120 households assisted Location Description 608 N. Garden Ave., Clearwater, FL 33755 Planned Activities Homeownership education and counseling (subrecipient, dba Tampa Bay Neighborhood Housing Services) Sort Order 7 Project Name Tampa Bay CDC – DPA/Loan Processing Target Area Citywide Low- and Moderate-Income Areas Goals Supported Housing Needs Addressed Homeowner Assistance Funding HOME: $10,500; SHIP: $10,500 City of Clearwater, FL 2022/2023 Annual Action Plan 39 OMB Control No: 2506-0117 (exp. 09/30/2021) Description Suncoast Housing Connections. Funding provided for Down Payment Assistance loan processing services for qualified low- to moderate-income homebuyers. Target Date 9/30/2023 Estimate the number and type… Direct Financial Assistance to Homebuyers: 7 households assisted Location Description 2139 NE Coachman Rd., Clearwater, FL 33765 Planned Activities Down Payment Assistance program/administration Sort Order 8 Project Name Tampa Bay CDC – Homebuyer Education Target Area Citywide Low- and Moderate-Income Areas Goals Supported Housing Needs Addressed Homeowner Assistance Funding CDBG: $15,000; SHIP: $3,000 Description Suncoast Housing Connections. Funding provided for homeownership education and counseling for low- to moderate-income households. Target Date 9/30/2023 Estimate the number and type… Public Service Activities for Low/Moderate Income Housing Benefit: 70 households assisted Location Description 2139 NE Coachman Rd., Clearwater, FL 33765 Planned Activities Homeownership education and counseling Sort Order 9 Project Name New Construction of Downtown Rental Housing Project Target Area Citywide Low- and Moderate-Income Areas Goals Supported Housing Needs Addressed Housing New Construction (Owner and Rental) Funding HOME: $1,385,000; SHIP: $150,000 Description Housing project to increase the availability of new rental units for affordable housing. Target Date 9/30/2023 Estimate the number and type… Rental Units Constructed: 6 household/housing unit Location Description Downtown, Clearwater, FL Planned Activities Construction of 6-unit project to supply affordable housing for rental Sort Order 10 Project Name Washington Street Development Target Area Citywide Low- and Moderate-Income Areas Goals Supported Housing Needs Addressed Housing New Construction (Owner and Rental) Funding HOME: $880,000 Description New construction of four (4) rental units; all under 80% AMI Target Date 9/30/2023 Estimate the number and type… Rental Units Constructed: 4 household/housing unit Location Description Washington St., Clearwater, FL City of Clearwater, FL 2022/2023 Annual Action Plan 40 OMB Control No: 2506-0117 (exp. 09/30/2021) Planned Activities Construction of 171-unit mixed-income project to supply affordable housing for rental; 17 units will be under 80% AMI, of which four (4) units will be funded by HOME program Sort Order 11 Project Name Owner-Occupied Rehabilitation Target Area Citywide Low- and Moderate-Income Areas Goals Supported Housing Needs Addressed Housing Rehabilitation (Owner and Rental) Funding CDBG: $135,000; CDBG (RLF): $315,000; HOME: $240,208; SHIP: $200,000 [Federal Total: $690,208] Description Funds provided as loans to homeowners for rehabilitation housing activities. Target Date 9/30/2023 Estimate the number and type… Homeowner Housing Rehabilitated: 14 household/housing unit Location Description Citywide Planned Activities Homeowner housing rehabilitation Sort Order 12 Project Name Owner-Occupied Land Acquisition Target Area Citywide Low- and Moderate-Income Areas Goals Supported Housing Needs Addressed Housing New Construction (Owner and Rental) Funding CDBG (RLF): $137,280; HOME: $100,000 [Federal Total: $237,280] Description Funds provided as loans for land acquisition to construct single-family homes. Target Date 9/30/2023 Estimate the number and type… Homeowner Housing Added: 6 household/housing unit Location Description Citywide Planned Activities Land acquisition and related activities (e.g., site clearing/demolition, etc.) for new construction. Sort Order 13 Project Name Owner-Occupied New Construction Target Area Citywide Low- and Moderate-Income Areas Goals Supported Housing Needs Addressed Housing New Construction (Owner and Rental) Funding HOME: $342,000; SHIP: $400,000 [Federal Total: $342,000] Description Funds provided as loans for construction of single-family homes. Target Date 9/30/2023 Estimate the number and type… Homeowner Housing Added: 2 household/housing unit Location Description Citywide Planned Activities New construction Sort Order 14 Project Name Multi-Family Rehabilitation Target Area Citywide Low- and Moderate-Income Areas City of Clearwater, FL 2022/2023 Annual Action Plan 41 OMB Control No: 2506-0117 (exp. 09/30/2021) Goals Supported Housing Needs Addressed Housing Rehabilitation (Owner and Rental) Funding CDBG (RLF): $355,000; HOME: $100,000; SHIP: $100,000 [Federal Total: $455,000] Description Funds provided as loans for the rehabilitation of multi-family housing. Target Date 9/30/2023 Estimate the number and type… Rental Units Rehabilitated: 10 household/housing unit Location Description Citywide Planned Activities Rental housing rehabilitation Sort Order 15 Project Name Multi-Family Land Acquisition Target Area Citywide Low- and Moderate-Income Areas Goals Supported Housing Needs Addressed Housing New Construction (Owner and Rental) Funding CDBG (RLF): $140,000; HOME: $150,000 [Federal Total: $290,000] Description Funds provided as loans for land acquisition to construct multi-family units. Target Date 9/30/2023 Estimate the number and type… Rental Units Constructed: 2 household/housing unit; Homeowner Housing Added: 2 household/housing unit Location Description Citywide Planned Activities Land acquisition and related activities (e.g., site clearing/demolition, etc.) for new construction. Sort Order 16 Project Name Multi-Family New Construction Target Area Citywide Low- and Moderate-Income Areas Goals Supported Housing Needs Addressed Housing New Construction (Owner and Rental) Funding HOME: $332,000; SHIP: $379,792 [Total Federal: $332,000] Description Funds provided as loans for construction of multi-family units. Target Date 9/30/2023 Estimate the number and type… Rental Units Constructed: 2 household/housing unit Location Description Citywide Planned Activities New construction Sort Order 17 Project Name Down Payment Assistance Loans Target Area Citywide Low- and Moderate-Income Areas Goals Supported Housing Needs Addressed Homeowner Assistance Funding HOME: $472,500; SHIP: $157,500 [Total Federal: $472,500] Description Funds provided for direct financial assistance to eligible households for Down Payment Assistance and Closing Costs. Target Date 9/30/2023 City of Clearwater, FL 2022/2023 Annual Action Plan 42 OMB Control No: 2506-0117 (exp. 09/30/2021) Estimate the number and type… Direct Financial Assistance to Homebuyers: 11 households assisted Location Description Citywide Planned Activities Down Payment Assistance program/administration (City-administered, existing homes) Sort Order 18 Project Name Tenant-Based Rental Assistance (TBRA) Target Area Citywide Low- and Moderate-Income Areas Goals Supported Housing Needs Addressed Rental Assistance Funding HOME: $321,400 Description Funds provided for Tenant-Based Rental Assistance to eligible households. Target Date 9/30/2023 Estimate the number and type… Tenant-Based Rental Assistance/Rapid Rehousing: 200 households assisted Location Description Citywide Planned Activities Tenant-Based Rental Assistance program/administration Sort Order 19 Project Name CHDO Set-Aside – FY 22-23 Target Area Citywide Low- and Moderate-Income Areas Goals Supported Housing Needs Addressed Housing New Construction (Owner and Renter) Funding HOME: $76,429 Description Community Housing Development Organization (CHDO) Set-Aside. Funds mandated to local CHDO to carry out housing activities. Target Date 9/30/2023 Estimate the number and type… Homeowner Housing Added: 2 household/housing unit Location Description Citywide Planned Activities CHDO Set-Aside Sort Order 20 Project Name Homeless Emergency Project – 1357 Park Street Improvements Target Area Downtown Gateway NRSA Goals Supported Homelessness Needs Addressed Facilities/Services for Homeless Adults & Families Funding CDBG: $95,000 Description Rehabilitation of Park Street Apartments providing permanent supportive housing for homeless adults. Target Date 9/30/2023 Estimate the number and type… Rental Units Rehabilitated: 8 household/housing units Location Description 1357 Park Street, Clearwater, FL 33756 Planned Activities These improvements include: 1) repair of stairwells and sidewalks including rust removal, repairs, and painting; and 2) renovation of 10 bathrooms including replacing City of Clearwater, FL 2022/2023 Annual Action Plan 43 OMB Control No: 2506-0117 (exp. 09/30/2021) material of shower walls; replacing tubs with a new tub or a shower floor; and replacing the toilets, vanities, and permanent lighting. Sort Order 21 Project Name Homeless Emergency Project – HVAC Analysis Target Area North Greenwood NRSA Goals Supported Homelessness Needs Addressed Facilities/Services for Homeless Adults & Families Funding CDBG: $55,000 Description HVAC System Phase 1 - Mechanical Engineering Redesign. Target Date 9/30/2023 Estimate the number and type… Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit: 100 persons assisted Location Description 1101 Holt Ave., Clearwater, FL 33755 Planned Activities These improvements include: 1) Mechanical Engineer advisement on optimal replacement for current system. Sort Order 22 Project Name Homeless Emergency Project – Adult Emergency Shelter Target Area North Greenwood NRSA Goals Supported Homelessness Needs Addressed Facilities/Services for Homeless Adults & Families Funding CDBG: $15,693 Description Funding provided for salary support for a full-time Case Manager to provide emergency shelter and critical support services for adults experiencing homelessness. Target Date 9/30/2023 Estimate the number and type… Homeless Person Overnight Shelter: 600 persons assisted Location Description 1120 N Betty Ln., Clearwater, FL 33755 Planned Activities Salary support, case management services Sort Order 23 Project Name Kimberly Home – Resident Advisor Salary Support Target Area Citywide Low- and Moderate-Income Areas Goals Supported Homelessness Needs Addressed Facilities/Services for Homeless Adults & Families; Case Management Funding CDBG: $10,462 Description Funding provided for salary support for a Resident Advisor to support the Transitional Housing Program. Target Date 9/30/2023 Estimate the number and type… Public Service Activities other than Low/Moderate Income Housing Benefit: 30 persons assisted Location Description 1189 NE Cleveland St., Clearwater, FL 33755 Planned Activities Salary support for a Resident Advisor Sort Order 24 Project Name St. Vincent de Paul – Community Kitchen and Resource Center (Facilities) Target Area Downtown Gateway District NRSA City of Clearwater, FL 2022/2023 Annual Action Plan 44 OMB Control No: 2506-0117 (exp. 09/30/2021) Goals Supported Homelessness Needs Addressed Facilities/Services for Homeless Adults & Families Funding CDBG: $89,000 Description Rehabilitation of the Community Kitchen and Resource Center (Phase 2) Target Date 9/30/2023 Estimate the number and type… Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit: 1,835 persons assisted Location Description 1345 Park St., Clearwater, FL 33756 Planned Activities These improvements include: 1) replacement of entry/exit doors to dining area; and 2) replacement of flooring in kitchen, hallway, and offices. Sort Order 25 Project Name Directions for Living – Elevator Improvements Target Area Citywide Low- and Moderate-Income Areas Goals Supported Non-Homeless Special Needs Needs Addressed Behavioral/Mental Health Services & Substance Abuse Services; Facilities/Services for Persons with Disabilities Funding CDBG: $94,107 Description Elevator Improvements with ADA Compliance. Target Date 9/30/2023 Estimate the number and type… Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit: 5,910 persons assisted Location Description 1437 S Belcher Rd., Clearwater, FL 33764 Planned Activities These improvements include: 1) replacing the strategic hydraulic 211 processor board; 2) installing a door protection system; 3) installing a door operator; and 4) upgrading the cab. Sort Order 26 Project Name Pinellas Opportunity Council – Chore Services Target Area Citywide Low- and Moderate-Income Areas Goals Supported Non-Homeless Special Needs Needs Addressed Facilities/Services for Seniors/Elderly Funding CDBG: $17,437 Description Funding provided for salary support for the Chore Services Program. Target Date 9/30/2023 Estimate the number and type… Public Service Activities other than Low/Moderate Income Housing Benefit: 28 persons assisted Location Description 4120 78th Ave., Pinellas Park, FL 33781 (Citywide/Clearwater) Planned Activities Salary support for the Chore Services Program that provides senior services such as heavy household cleaning, yard work, and minor repairs Sort Order 27 Project Name WestCare Gulfcoast Florida – Turning Point Target Area Citywide Low- and Moderate-Income Areas Goals Supported Non-Homeless Special Needs Needs Addressed Behavioral/Mental Health Services & Substance Abuse Services; Case Management Funding CDBG: $17,437 City of Clearwater, FL 2022/2023 Annual Action Plan 45 OMB Control No: 2506-0117 (exp. 09/30/2021) Description Funding provided for salary support for a Case Manager at the Turning Point facility, an inebriate shelter. Target Date 9/30/2023 Estimate the number and type… Public Service Activities other than Low/Moderate Income Benefit: 96 persons assisted Location Description 1801 5th Ave N, St. Petersburg, FL 33713 (Citywide/Clearwater) Planned Activities Salary support, case management services Sort Order 28 Project Name The Arc Tampa Bay Target Area Citywide Low- and Moderate-Income Areas Goals Supported Non-Homeless Special Needs Needs Addressed Facilities/Services for Persons with Disabilities Funding CDBG: $10,462 Description Funding provided for salary support for a new Direct Support Professional position for the Waterfall Apartment program, which provides semi-independent living for 22 adults diagnosed with an intellectual or developmental disability. Target Date 9/30/2023 Estimate the number and type… Public Service Activities other than Low/Moderate Income Benefit: 22 persons assisted Location Description 1325 N Highland Ave., Clearwater, FL 33755 (Citywide/Clearwater) Planned Activities Salary support, case management services Sort Order 29 Project Name Clearwater Neighborhood Housing Services – Office Improvements Target Area North Greenwood NRSA Goals Supported Community Development & Public Services Needs Addressed Community Building/Facility Rehab/Retrofit Funding CDBG: $95,000 Description Main Office Improvements. Target Date 9/30/2023 Estimate the number and type… Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit: 125 persons assisted Location Description 608 N Garden Ave., Clearwater, FL 33755 Planned Activities These improvements include: 1) re-roofing the building; 2) replacing 22 existing windows with new hurricane impact windows; 3) installing new exterior doors; 4) installing new soffit, fascia, and gutter; 5) replacing the exterior wood deck in the rear of the building; 6) painting the exterior of the building; 7) installing two new HVAC unit condensers and air handlers; 8) enlarging bathroom 1 to convert to meet ADA standards, and gutting bathrooms 2 and 3 and installing new drywall and new toilets, vanities, and exhaust fans. Sort Order 30 Project Name Gulf Coast Legal Services Target Area Citywide Low- and Moderate-Income Areas Goals Supported Community Development & Public Services Needs Addressed Legal Services City of Clearwater, FL 2022/2023 Annual Action Plan 46 OMB Control No: 2506-0117 (exp. 09/30/2021) Funding CDBG: $15,693 Description Funding provided for salary support for a senior supervising housing attorney and a paralegal to provide legal services under the Housing Legal Services Program. This includes operating expenses associated with the FTEs assigned to the program. Target Date 9/30/2023 Estimate the number and type… Public Service Activities other than Low/Moderate Income Housing Benefit: 25 persons assisted Location Description 501 1st Ave. N, Suite 420, St. Petersburg, FL 33701 (Citywide/Clearwater) Planned Activities Salary support for Housing Legal Services Program that provides legal services Sort Order 31 Project Name InterCultural Advocacy Institute – Youth Leadership Target Area Citywide Low- and Moderate-Income Areas Goals Supported Community Development & Public Services Needs Addressed Facilities/Services for Youth Funding CDBG: $17,437 Description Funding provided for salary support for a Family Facilitator, Family Support Specialist, driver, Family and Administrative Support, and Student Support for the Youth Leaders Partnership Program. Target Date 9/30/2023 Estimate the number and type… Public Service Activities other than Low/Moderate Income Housing Benefit: 60 persons assisted Location Description 612 Franklin St., Clearwater, FL 33756 Planned Activities Salary support for Youth Leaders Partnership Program that provides youth services Sort Order 32 Project Name Clearwater MLK Jr. Neighborhood Center (Facilities, Rehabilitation) Target Area North Greenwood NRSA Goals Supported Community Development & Public Services Needs Addressed Community Building/Facility Rehab/Retrofit Funding CDBG: $95,000 Description Clearwater MLK Jr. Neighborhood Center Rehabilitation Phase 2 (rehabilitation of the community center) Target Date 9/30/2023 Estimate the number and type… Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit: 825 persons assisted Location Description 1201 Douglas Ave., Clearwater, FL 33755 Planned Activities These improvements include: 1) continuing to replace remaining roof sections; 2) replacing the main rooftop air conditioning units and associated components on their respective interior air-handling units which service the lobby, main auditorium, and west-side meeting room and kitchen areas; and 3) replacing stalls and integral structural fixtures in the main women's bathroom. Sort Order 33 Project Name Property Acquisition and Demolition – Slum/Blight Removal Target Area Citywide Low- and Moderate-Income Areas Goals Supported Community Development & Public Services City of Clearwater, FL 2022/2023 Annual Action Plan 47 OMB Control No: 2506-0117 (exp. 09/30/2021) Needs Addressed Code Enforcement/Blight Elimination Funding CDBG: $255,574 Description Property acquisition and demolition for removal of slum/blight Target Date 9/30/2023 Estimate the number and type… Buildings Demolished: 1 Building Location Description Citywide Planned Activities Property acquisition and demolition for removal of slum/blight Sort Order 34 Project Name City of Clearwater Ross Norton Playground Target Area Lake Bellevue NRSA Goals Supported Community Development & Public Services Needs Addressed Public Park Improvements; Facilities/Services for Youth Funding CDBG: $95,000 Description Ross Norton Recreation and Aquatic Complex playground improvements. Target Date 9/30/2023 Estimate the number and type… Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit: 825 persons assisted Location Description 1426 S Martin Luther King Jr. Ave., Clearwater, FL 33756 Planned Activities These improvements include: Design, purchase, and construction of a secured, outdoor multi-amenity playground for children. A section of the facility's existing skate park will be converted for the playground. The new playground will provide adequate shade structures and will provide joyful play experiences that encourage exploration and self-discovery for children participating in the after-school programs and summer camp kids as well as community children at certain times and their families in a safe, supportive atmosphere. Sort Order 35 Project Name TBD – Public Facilities Projects Target Area Citywide Low- and Moderate-Income Areas Goals Supported Community Development & Public Services Needs Addressed Facilities/Services for Youth; Public Utility/Infrastructure Improvements; Public Park Improvements; Community Resource & One-Stop Referral Centers; Community Building/Facility Rehab/Retrofit; Pedestrian/Sidewalk/Transit/Roadway Improvements Funding CDBG: $190,000 Description Future community development projects to be determined. Target Date 9/30/2023 Estimate the number and type… Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit: 0 persons assisted Location Description TBD Planned Activities TBD Sort Order 36 Project Name Façade Improvement Program Target Area Citywide Low- and Moderate-Income Areas City of Clearwater, FL 2022/2023 Annual Action Plan 48 OMB Control No: 2506-0117 (exp. 09/30/2021) Goals Supported Economic Development Needs Addressed Building Façade Improvements Funding CDBG: $105,000 Description Funds provided to support three (3) façade improvement projects. Target Date 9/30/2023 Estimate the number and type… Façade Treatment/Business Building Rehabilitation: 3 Businesses Location Description Citywide Planned Activities Commercial rehab/building façade improvements Sort Order 37 Project Name Hispanic Business Initiative Fund of Florida (Prospera) – Microenterprise Assistance Target Area Citywide Low- and Moderate-Income Areas Goals Supported Economic Development Needs Addressed Economic Opportunity/Business Assistance Funding CDBG: $50,000 Description Funding provided for salary support to provide technical assistance to start-ups and micro and small business owners. Target Date 9/30/2023 Estimate the number and type… Businesses Assisted: 20 businesses Location Description Clearwater East Community Library, 2465 Drew St., Clearwater, FL 33765 Planned Activities Salary support for microenterprise assistance. These activities include: educational seminars, one-on-one technical assistance/consulting, and bilingual business development services and training to entrepreneurs. Sort Order 38 Project Name Tampa Bay Black Business Investment Corp. – Microenterprise Assistance Target Area North Greenwood NRSA Goals Supported Economic Development Needs Addressed Economic Opportunity/Business Assistance Funding CDBG: $50,000 Description Funding provided for salary support for a Business Development Officer, CEO, Accountant, and Finance Administrator, as well as a contractual BBIC Business Development Consultant, to support the Small Business Capital Accelerator Project (CAP). Target Date 9/30/2023 Estimate the number and type… Businesses Assisted: 25 businesses Location Description North Greenwood Aquatic & Recreation Complex, 900 N. Martin Luther King, Jr. Ave., Clearwater, FL 33755 Planned Activities The CAP project delivers the CATCH Program, a 15-week entrepreneurship training program for small business owners primarily in the North Greenwood and Lake Bellevue areas (both NRSAs), while providing training, technical assistance, and capital access. Sort Order 39 City of Clearwater, FL 2022/2023 Annual Action Plan 49 OMB Control No: 2506-0117 (exp. 09/30/2021) Project Name TBD – Economic Development Activities Target Area Citywide Low- and Moderate-Income Areas Goals Supported Economic Development Needs Addressed Building Façade Improvements; Economic Opportunity/Business Assistance; Employment Assistance/Job Training Funding CDBG (RLF): $231,800 Description Future economic development projects to be determined. Target Date 9/30/2023 Estimate the number and type… Businesses Assisted: 10 businesses Location Description TBD Planned Activities TBD City of Clearwater, FL 2022/2023 Annual Action Plan 50 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-50 Geographic Distribution – 91.220(f) DESCRIPTION OF THE GEOGRAPHIC AREAS OF THE ENTITLEMENT (INCLUDING AREAS OF LOW- INCOME AND MINORITY CONCENTRATION) WHERE ASSISTANCE WILL BE DIRECTED For the 2022/2023 Action Plan, the City of Clearwater will provide direct assistance to low- and moderate-income areas and approved Neighborhood Revitalization Strategy Areas (NRSAs) of the City. Of note, planned public facility projects in 2022 will include significant community center and playground improvements that will benefit the North Greenwood and Lake Bellevue NRSAs. These improvements will be made to the Clearwater MLK Jr. Neighborhood Center and Ross Norton Recreation and Aquatic Complex, respectively. The geographic distribution of funding percentages shown in Table 8 is misleading since few projects are solely concentrated in a specific NRSA. Most projects are not solely concentrated in a NRSA but are included in the citywide low- and moderate-income areas and multiple NRSAs. These percentages include projects related to housing or public services that will benefit multiple areas. See Map 1 titled, “Low- and Moderate-Income Areas” for a graphical representation of low- and moderate-income area locations. See Map 2 titled, “Neighborhood Revitalization Strategy Areas Map” for the locations of the City’s strategy areas. [Maps are included in the Appendix.] GEOGRAPHIC DISTRIBUTION Target Area Percentage of Funds North Greenwood NRSA 5% Lake Bellevue NRSA 1% Downtown Gateway District NRSA 2% Citywide Low- and Moderate-Income Areas 92% Table 8 – Geographic Distribution City of Clearwater, FL 2022/2023 Annual Action Plan 51 OMB Control No: 2506-0117 (exp. 09/30/2021) Map 1 – Low- and Moderate-Income Areas City of Clearwater, FL 2022/2023 Annual Action Plan 52 OMB Control No: 2506-0117 (exp. 09/30/2021) Map 2 – Neighborhood Revitalization Strategy Areas Map City of Clearwater, FL 2022/2023 Annual Action Plan 53 OMB Control No: 2506-0117 (exp. 09/30/2021) RATIONALE FOR THE PRIORITIES FOR ALLOCATING INVESTMENTS GEOGRAPHICALLY Four (4) areas have been designated as either Local Target Areas or Strategy Areas within the City of Clearwater. These are Citywide Low- and Moderate-Income Areas, North Greenwood Neighborhood Revitalization Strategy Area, Lake Bellevue Neighborhood Revitalization Strategy Area, and Downtown Gateway District Neighborhood Revitalization Strategy Area. These neighborhoods were identified in previous Consolidated Plans and updated in the current 2020-2024 Consolidated Plan. The designation of Local Target Areas and Strategy Areas increases the potential for coordinated planning and investment. The areas selected for the 2020-2024 Consolidated Plan were confirmed through the citizen participation process, which included service provider and community meetings, as well as meetings with staff of the City’s Economic Development and Housing Department. Each of these areas meets the eligibility requirements for low- and moderate-income benefit. While Local Target Areas and Strategy Areas allow the City to plan and invest in a coordinated manner, they do not limit the City from expending funds in other areas of Clearwater that also meet the eligibility requirements for low- and moderate-income benefit. DISCUSSION The City of Clearwater has identified 39 projects to implement the goals of the Consolidated Plan’s Strategic Plan during the third year of the 2020-2024 Consolidated Plan. These projects benefit low- and moderate-income persons Citywide and within the City’s Neighborhood Revitalization Strategy Areas. Projects with Citywide benefit include activities related to housing, homelessness, non-homeless special needs, community development and public services, and economic development that meet the needs of income-eligible persons or households. Program administration activities also provide indirect Citywide benefit. City of Clearwater, FL 2022/2023 Annual Action Plan 54 OMB Control No: 2506-0117 (exp. 09/30/2021) AFFORDABLE HOUSING AP-55 Affordable Housing – 91.220(g) INTRODUCTION The City of Clearwater places a high priority on providing housing assistance, such as homebuyer education/counseling and Fair Housing activities, to promote homeownership. Additionally, the City facilitates the construction of new affordable housing units to increase the supply of affordable housing and thereby address demand. These priority needs shall be addressed, in part, by local non-profit organizations and developers that construct affordable housing for lower-income, first-time homebuyers. The City will also continue to deliver its housing rehabilitation and down payment assistance programs to income-eligible households. The Annual Action Plan must specify goals for the number of homeless, non-homeless, and special needs households to be supported during the program year. These numbers are shown in the following tables and are inclusive of the affordable housing activities shown in AP-20, in addition to other planned housing activities identified in AP-35 and AP-38. Section AP-55 (see Table 9 and Table 10) indicates the number of households to be supported through specific activities, including rental assistance, production of new units, rehabilitation of existing units, or acquisition of existing units. For the purposes of this section, the term “affordable housing” is defined in the HOME regulations 24 CFR 92.252 for rental housing and 24 CFR 92.254 for homeownership. [This section replaces the former HUD Table 3B.] One Year Goals Number of Households to be Supported Homeless 0 Non-Homeless 275 Special-Needs 0 Total 275 Table 9 – One Year Goals for Affordable Housing by Support Requirement One Year Goals Number of Households Supported Through Rental Assistance 200 The Production of New Units 26 Rehab of Existing Units 24 Acquisition of Existing Units 25 Total 275 Table 10 – One Year Goals for Affordable Housing by Support Type City of Clearwater, FL 2022/2023 Annual Action Plan 55 OMB Control No: 2506-0117 (exp. 09/30/2021) DISCUSSION The City will continue to deliver its long-standing housing programs, including housing rehabilitation and down payment assistance, coordinate with non-profit organizations and developers that construct affordable housing, and support homebuyer education/counseling and Fair Housing activities. These housing activities will support 275 households through a combination of rental assistance, production of new units, rehabilitation of existing units, or acquisition of existing units through direct financial assistance to homebuyers. Additionally, the City will support 190 households through housing-related public services (e.g., homebuyer education/counseling). City of Clearwater, FL 2022/2023 Annual Action Plan 56 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-60 Public Housing – 91.220(h) INTRODUCTION This section of the Annual Action Plan describes what actions the City of Clearwater will take during the 2022/2023 program year to carry out the public housing strategy identified in the Consolidated Plan’s Strategic Plan. The Clearwater Housing Authority (CHA) administers housing assistance for lower income persons and households in the greater Clearwater area. The operations of the CHA are funded through annual appropriations from the U.S. Department of Housing and Urban Development (HUD). Assistance includes public housing, tenant-based vouchers (Housing Choice Vouchers or HCVs), and special purpose voucher activities. The CHA’s public housing activities supply approximately 238 low-rent units in the greater Clearwater area. [Source: HUD PIC, HA Profiles, accessed June 2022] ACTIONS PLANNED DURING THE NEXT YEAR TO ADDRESS THE NEEDS TO PUBLIC HOUSING The City of Clearwater works cooperatively with Pinellas County, the CHA, and private entities to provide public and subsidized housing within Clearwater. The CHA administers public housing for seniors and families in addition to the HCV program that provides financial rental assistance to income-eligible individuals and families. The CHA and other housing providers in the community continuously seek to rehabilitate the supply of housing affordable to lower-income residents. Although the CHA recently renovated some of its public housing units, the CHA is undergoing a voluntary conversion that started in 2020. During conversion, the CHA will ensure that residents are housed through vouchers and coordination with other housing providers. Any proceeds from the sale of public housing properties will be reinvested in affordable housing. The City will continue to coordinate housing referrals with the CHA, as well as the Pinellas County Housing Authority, in the delivery of the City’s CDBG and HOME housing programs. ACTIONS TO ENCOURAGE PUBLIC HOUSING RESIDENTS TO BECOME MORE INVOLVED IN MANAGEMENT AND PARTICIPATE IN HOMEOWNERSHIP The CHA has an ongoing management program in place to involve residents in its operations. Additionally, through the 2022/2023 Action Plan, the City of Clearwater will support homebuyer education/counseling, Fair Housing, and housing placement activities that could facilitate the transition from public housing to homeownership. IF THE PHA IS DESIGNATED AS TROUBLED, DESCRIBE THE MANNER IN WHICH FINANCIAL ASSISTANCE WILL BE PROVIDED OR OTHER ASSISTANCE The Clearwater Housing Authority is not designated as troubled. DISCUSSION Affordable housing needs are met by multiple service providers in the greater Clearwater area. The CHA currently administers public housing units and tenant-based vouchers (HCVs). Although the CHA is undergoing voluntary conversion of its public housing properties, the CHA will continue to administer vouchers and ensure that residents are housed in coordination with other housing providers. The City City of Clearwater, FL 2022/2023 Annual Action Plan 57 OMB Control No: 2506-0117 (exp. 09/30/2021) will continue to coordinate referrals with the CHA to connect lower income residents with housing options. City of Clearwater, FL 2022/2023 Annual Action Plan 58 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-65 Homeless and Other Special Needs Activities – 91.220(i) INTRODUCTION This section of the Annual Action Plan describes what actions the City of Clearwater will take during the 2022/2023 program year to carry out the homeless strategy identified in the Consolidated Plan’s Strategic Plan. Additionally, this section describes any action related to the supportive housing needs of non-homeless special needs persons at risk of homelessness. The Pinellas County Homeless Leadership Alliance (HLA), a nonprofit 501(c)(3), serves as the Continuum of Care (CoC) Lead Agency, Collaborative Applicant, and HMIS Lead Agency. The HLA provides supplemental services, coordination, and funding management to carry out the policy goals of the CoC. The mission of the HLA is to provide leadership in the planning, development, and alignment of community advocacy, resources, and strategies to prevent, divert, and end homelessness in Pinellas County. The HLA, as the lead agency for the CoC, is the organization most suited to addressing the needs of homeless persons in the greater Clearwater area. Consistent with the Consolidated Plan’s Strategic Plan, the City of Clearwater will pursue the goal of helping to prevent and reduce homelessness in Clearwater. It is the City’s objective to support the activities of the HLA and other members of the region’s CoC that represents a countywide consortium of homeless service providers. Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including: REACHING OUT TO HOMELESS PERSONS (ESPECIALLY UNSHELTERED PERSONS) AND ASSESSING THEIR INDIVIDUAL NEEDS The HLA conducts an annual Point-in-Time homeless count and prepares a Homeless Assessment Report, both of which document the extent of homelessness in the community. Furthermore, the City received input on homeless needs during the Consolidated Plan public meetings and community survey. The priority needs of the homeless include facilities/services for homeless adults and families, facilities/services for homeless youth and youth aging out of foster care, case management, nutrition/food services, and employment assistance/job training toward self-sufficiency. Outreach to the homeless is done by the Continuum of Care’s Street Outreach Teams that cover major parts of Pinellas County five days per week. The Street Outreach Teams are the center of the CoC’s efforts to find and engage street homeless, in place, since late 2006. Each Street Outreach Team is composed of one law enforcement officer and one case manager. Additionally, Street Outreach Teams focus on finding unaccompanied youth. Relatedly, the Veterans Administration funds Veterans Outreach for that population. All the outreach personnel meet bi-monthly to discuss problems, identify increases/decreases in specific populations, problem-solve, and meet with providers of emergency mats and beds. Law enforcement staff members train their police departments on working with street homeless persons. Once a street City of Clearwater, FL 2022/2023 Annual Action Plan 59 OMB Control No: 2506-0117 (exp. 09/30/2021) homeless individual or family seeks assistance, they are encouraged to go to Safe Harbor, the County’s emergency homeless shelter and jail diversion program where they are assigned a case manager for assessment and referral to services, etc. Unaccompanied youth are referred to Family Resources and other youth programs to get them off the street. Street Outreach Teams also process individuals for entrance to Pinellas Hope, another homeless shelter operated by Catholic Charities. The HLA also partners with the Juvenile Welfare Board’s Children’s Services Council and 2-1-1 Tampa Bay Cares on the Family Services Initiative (FSI) that works with families in need. The goal of the FSI is to prevent homelessness while working on longer term issues and to have one place for families to make initial contact for help. FSI is publicized widely as the place for homeless and at-risk families to go for help. Homeless and at-risk families call 2-1-1 and are directed to specific triage staff for short assessment. For the third-year Action Plan, the City of Clearwater will support three (3) case management activities, through Kimberly Home, Homeless Emergency Project (Homeless Empowerment Program or H.E.P.), and WestCare Gulfcoast Florida, to assess the individual needs of homeless and special needs persons at risk of homelessness, including unsheltered persons. ADDRESSING THE EMERGENCY SHELTER AND TRANSITIONAL HOUSING NEEDS OF HOMELESS PERSONS As previously mentioned, the HLA annually conducts a Point-in-Time homeless count and prepares a Homeless Assessment Report, both of which document the extent of homelessness in the community. In addition to other metrics, these reports identify the number of individuals or families in emergency shelter or transitional housing. In the Clearwater area, homeless facilities such as emergency shelter and transitional housing are provided by churches and non-profit organizations, including but not limited to Homeless Emergency Project (Homeless Empowerment Program or H.E.P.), Kimberly Home, Boley Centers, Hope Villages of America, Salvation Army, and Family Resources (SafePlace2B), among others. Additionally, the HLA maintains an online map-based directory targeted to homeless persons that includes contact information for emergency shelter, food and clothing assistance, and transitional housing services. This directory also includes a map of Pinellas Suncoast Transit Authority (PSTA) bus routes. The City makes it a goal of the Consolidated Plan to prevent and reduce homelessness in Clearwater by supporting programs that offer shelter facilities and beds for the homeless, and by assisting agencies that engage in homeless prevention and service programs. For the third-year Action Plan, the City will support emergency shelter activities by improving two (2) facilities that serve homeless adults and families. These facilities are run by H.E.P. and the Society of St. Vincent de Paul. City of Clearwater, FL 2022/2023 Annual Action Plan 60 OMB Control No: 2506-0117 (exp. 09/30/2021) HELPING HOMELESS PERSONS (ESPECIALLY CHRONICALLY HOMELESS INDIVIDUALS AND FAMILIES, FAMILIES WITH CHILDREN, VETERANS AND THEIR FAMILIES, AND UNACCOMPANIED YOUTH) MAKE THE TRANSITION TO PERMANENT HOUSING AND INDEPENDENT LIVING, INCLUDING SHORTENING THE PERIOD OF TIME THAT INDIVIDUALS AND FAMILIES EXPERIENCE HOMELESSNESS, FACILITATING ACCESS FOR HOMELESS INDIVIDUALS AND FAMILIES TO AFFORDABLE HOUSING UNITS, AND PREVENTING INDIVIDUALS AND FAMILIES WHO WERE RECENTLY HOMELESS FROM BECOMING HOMELESS AGAIN The City will support, in coordination with the HLA, activities to end chronic homelessness in Clearwater. CoC member agencies actively work to assist homeless individuals and families with making the transition to more permanent housing and preventing such persons from becoming homeless again. CoC member agencies support a “Housing First” approach to provide housing options regardless of whether individuals or families meet otherwise common prerequisites for housing. National resource around “Housing First” suggests that individuals and/or head-of-household members who have been homeless are more successful in achieving self-sufficiency when housing stability is acquired first, regardless of whether they are sober or financially self-sufficient in the beginning. Once their housing situation is stabilized, their ability to achieve sobriety, financial stability, or overcome other common barriers to housing dramatically improves. This is typically achieved by rapid-rehousing and other interim housing strategies such as targeted transitional or permanent supportive housing to obtain housing quickly, increase self-sufficiency, and stay housed. For the third-year Action Plan, the City will support permanent supportive housing activities by funding improvements to the Park Street Apartments for homeless adults run by H.E.P. Additionally, the City will continue to support an array of activities that, when combined, may shorten the duration of homelessness, help persons transition to more stable housing, and/or provide access to affordable housing. Such activities may include case management, emergency shelter and transitional housing, behavioral and mental health services, supportive services for the elderly, facilities for the disabled, referrals to appropriate housing providers, affordable housing unit construction or rehabilitation, homebuyer education, down payment assistance, and access to economic opportunities. HELPING LOW-INCOME INDIVIDUALS AND FAMILIES AVOID BECOMING HOMELESS, ESPECIALLY EXTREMELY LOW-INCOME INDIVIDUALS AND FAMILIES AND THOSE WHO ARE: BEING DISCHARGED FROM PUBLICLY FUNDED INSTITUTIONS AND SYSTEMS OF CARE (SUCH AS HEALTH CARE FACILITIES, MENTAL HEALTH FACILITIES, FOSTER CARE AND OTHER YOUTH FACILITIES, AND CORRECTIONS PROGRAMS AND INSTITUTIONS); OR, RECEIVING ASSISTANCE FROM PUBLIC OR PRIVATE AGENCIES THAT ADDRESS HOUSING, HEALTH, SOCIAL SERVICES, EMPLOYMENT, EDUCATION, OR YOUTH NEEDS. For the third-year Action Plan, the City of Clearwater will continue to coordinate referrals for facilities and services available in the community that support lower-income individuals. In addition to programmed case management activities through Kimberly Home, H.E.P., and WestCare Gulfcoast City of Clearwater, FL 2022/2023 Annual Action Plan 61 OMB Control No: 2506-0117 (exp. 09/30/2021) Florida, the City will support facility improvements at the St. Vincent de Paul Community Kitchen and Resource Center, which is also used by the Pinellas Ex-Offender Re-Entry Coalition (PERC). The Community Kitchen and Resource Center provides not only case management, but referrals to other resources and programs depending on client needs. Such programs include PERC’s STARS and MOVE UP programs, which provide job training and skills toward self-sufficiency. The City will also continue to work with housing and homeless service providers to implement a cohesive, communitywide discharge coordination policy. Such policy must be successfully implemented to ensure that persons being released from publicly funded institutions do not become homeless upon release. Other examples of such efforts, in addition to PERC, include the Pinellas County Sheriff Department’s Operation PAR, which allows ex-offenders to receive substance abuse treatment, and the State’s “Transition from Prison to Community Initiative” (TPCI). DISCUSSION For the third-year Action Plan, the City will support the following activities toward the goal of preventing and reducing homelessness: • Homeless Emergency Project (Homeless Empowerment Program or H.E.P.) – Funding to improve emergency shelter and permanent supportive housing facilities for homeless adults and families, plus salary support for case management. • Kimberly Home – Salary support for case management at transitional housing facility. • St. Vincent de Paul – Funding to renovate/expand Community Kitchen and Resource Center. In total, these activities will assist an estimated 630 persons during the third-year Action Plan through case management to either prevent homelessness or reduce the duration of homelessness. Additionally, the City will support the rehabilitation of three (3) homeless facilities (H.E.P. Emergency Shelter, H.E.P. Permanent Supportive Housing, and St. Vincent de Paul Community Kitchen and Resource Center) that are estimated to benefit 1,935 persons and 8 household/housing units in total. For the third-year Action Plan, the City has programmed an array of homeless activities to address the need for case management and facilities and services for homeless adults and families. The City will continue to coordinate with the HLA and Continuum of Care, including numerous homeless service providers operating in the greater Clearwater area. City of Clearwater, FL 2022/2023 Annual Action Plan 62 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-75 Barriers to affordable housing – 91.220(j) INTRODUCTION This section of the Annual Action Plan summarizes actions the City of Clearwater will undertake during the program year to reduce barriers to affordable housing and influence whether the cost of housing or the incentives to develop, maintain, or improve affordable housing are affected by public policies, particularly those of the local jurisdiction. Such policies may include land use controls, zoning ordinances, building codes, and policies that affect the return on residential investment. ACTIONS IT PLANNED TO REMOVE OR AMELIORATE THE NEGATIVE EFFECTS OF PUBLIC POLICIES THAT SERVE AS BARRIERS TO AFFORDABLE HOUSING SUCH AS LAND USE CONTROLS, TAX POLICIES AFFECTING LAND, ZONING ORDINANCES, BUILDING CODES, FEES AND CHARGES, GROWTH LIMITATIONS, AND POLICIES AFFECTING THE RETURN ON RESIDENTIAL INVESTMENT The City of Clearwater has several strategies that it utilizes to remove or ameliorate the negative effects of public policies that are barriers to affordable housing. These strategies are documented in the City’s 2021 Local Housing Assistance Plan (LHAP), which is a reporting requirement of the State Housing Initiatives Partnership (SHIP) program. The City’s ongoing actions to remove or ameliorate the barriers to affordable housing, as identified in the City’s LHAP and Local Housing Incentive Strategies (LHIS) documents, include the following: • Expedited review process for permitting • Modification of fees • Flexible densities • Accessory dwelling units • Parking reductions • Flexible lot configurations • Pre-adoption policy consideration • Inventory of public lands • Proximity to transportation, employment, and mixed-use development • Adaptive reuse • Land development code • Communication and marketing of affordable housing • Financing • Partnerships Barriers to affordable housing are explained in more detail in the SP-55 section of the Consolidated Plan, as well as the source LHAP and LHIS documents on file at the City’s Economic Development and Housing Department. City of Clearwater, FL 2022/2023 Annual Action Plan 63 OMB Control No: 2506-0117 (exp. 09/30/2021) DISCUSSION The City of Clearwater will continue to implement strategies to remove or ameliorate the negative effects of public policies that are barriers to affordable housing. These strategies are detailed in the City’s 2021 LHAP report. Of note, the City recently coordinated with Pinellas County to prepare a regional Analysis of Impediments to Fair Housing Choice report, which was completed in 2020. The City also currently participates in the Advantage Pinellas Housing Compact and the Pinellas County Countywide Housing Strategy, which are joint programs for the provision of affordable housing. City of Clearwater, FL 2022/2023 Annual Action Plan 64 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-85 Other Actions – 91.220(k) INTRODUCTION This section of the Annual Action Plan describes the City of Clearwater’s planned actions to carry out the following strategies in the Consolidated Plan’s Strategic Plan: • Foster and maintain affordable housing; • Evaluate and reduce lead-based paint hazards; • Reduce the number of poverty-level families; • Develop institutional structure; and • Enhance coordination. In addition, the City has identified obstacles to meeting underserved needs and proposed actions to overcome those obstacles. ACTIONS PLANNED TO ADDRESS OBSTACLES TO MEETING UNDERSERVED NEEDS The major obstacle to meeting underserved needs is the lack of financial resources among housing and public service providers that support the City of Clearwater’s institutional delivery structure. To address such obstacles, the City will administer CDBG funds to pursue the goal of enhancing the living environment for persons in low- and moderate-income areas through community development activities, public service programs, and the elimination of blight. Priority will be given to the City’s Neighborhood Revitalization Strategy Areas, where need is greatest, when opportunities present. The City will also pursue the goal of expanding the accessibility and coordination of social services to the City’s special needs population. Some of the programmed activities to meet underserved needs during the third year include, but are not limited to, the following: • Clearwater Neighborhood Housing Services – Facility improvements to the main office to support community programming in the North Greenwood NRSA • Clearwater MLK Jr. Neighborhood Center – Facility improvements to benefit low- and moderate- income residents of the North Greenwood NRSA • City of Clearwater Ross Norton Playground – Facility improvements to the City’s Ross Norton Recreation and Aquatic Complex, including playground enhancements to benefit low- and moderate-income residents of the Lake Bellevue NRSA • Directions for Living – Facility improvements to the elevator system for ADA compliance and to support mental and behavioral health services • Pinellas Opportunity Council – Salary support for chore services program benefitting the elderly • WestCare Gulfcoast Florida – Salary support for case management services for substance abuse treatment • The Arc Tampa Bay – Salary support for services at semi-independent living facility for persons with disabilities City of Clearwater, FL 2022/2023 Annual Action Plan 65 OMB Control No: 2506-0117 (exp. 09/30/2021) • Gulfcoast Legal Services – Salary support for housing legal services program benefitting low- and moderate-income persons • InterCultural Advocacy Institute – Salary support for leadership program benefitting low- and moderate-income youth Additional activities to meet underserved needs are described previously with regard to homelessness (AP-65) and subsequently with regard to affordable housing and economic development (AP-85, as follows). ACTIONS PLANNED TO FOSTER AND MAINTAIN AFFORDABLE HOUSING Consistent with the Consolidated Plan’s Strategic Plan, the City of Clearwater will pursue the goal of providing availability of, and access to, decent affordable housing for the residents of the City. To this end, the City has programmed 15 housing activities that meet the following objectives of the Strategic Plan: • Preserve the existing housing stock. • Increase the availability of affordable housing units. • Assist qualified low- and moderate-income households to become homeowners through supporting agencies that provide housing counseling. • Provide mortgage assistance for low- and moderate-income homebuyers. • Provide rental and utility assistance for low- and moderate-income persons. Programmed activities to foster and maintain affordable housing during the third year include the following: • Owner and renter housing rehabilitation program • Construction of new owner and renter occupied housing • Homeownership education and counseling • Down payment assistance • Revolving Loan Program to offer loans for homeowners and non-profit agencies for eligible housing activities • Tenant-Based Rental Assistance (TBRA) • Community Housing Development Organization (CHDO) housing activities These activities preserve the existing housing stock through rehabilitation of aging units, increase the availability of affordable housing through new construction, and improve access to affordable housing through homebuyer education and down payment assistance for qualified low- and moderate-income households. ACTIONS PLANNED TO REDUCE LEAD-BASED PAINT HAZARDS The City will continue to include lead-based paint education and mitigation measures in all housing rehabilitation activities and, if needed, will identify and apply for additional funding resources to finance abatement. Contractors are required to be trained and certified to supervise removal of lead-based City of Clearwater, FL 2022/2023 Annual Action Plan 66 OMB Control No: 2506-0117 (exp. 09/30/2021) paint hazards to comply with HUD regulations. Furthermore, subrecipients of the City’s CDBG and HOME funding devise their own lead-based paint hazard programs to comply with HUD regulations for rehabilitation projects. Additionally, the City will continue to coordinate with agencies in the Clearwater area that screen residents for elevated blood levels (EBL) and inspect housing units for lead-based paint hazards. These agencies include the Pinellas County Health Department and the Clearwater and Pinellas County housing authorities, among others. ACTIONS PLANNED TO REDUCE THE NUMBER OF POVERTY-LEVEL FAMILIES According to the 2016-2020 American Community Survey (ACS) estimates, 15.3% of people living in the City of Clearwater are below poverty level. To combat this trend, the City will continue to coordinate with various agencies that support poverty-level families. These agencies also provide services to other homeless and non-homeless special needs populations, as well as low- and moderate-income families. Such services include referrals to affordable housing, employment assistance/job training, and other activities to promote economic opportunity. Additionally, through the Economic Development and Housing Department, the City will promote economic opportunity by providing technical assistance to small businesses and job training programs. For the third-year Action Plan, the City will support such programs, including those offered by the Tampa Bay Black Business Investment Corp. (microenterprise assistance) and Hispanic Business Initiative Fund of Florida/Prospera (microenterprise assistance). The City will also support the InterCultural Advocacy Institute’s Youth Leadership Partnership Program. These programs provide advocacy and mentoring toward self-sufficiency and academic, employment, and business success. ACTIONS PLANNED TO DEVELOP INSTITUTIONAL STRUCTURE The City of Clearwater has a strong institutional delivery structure. The City will continue to work with its own departments and various housing and public service providers, as well as their programs, to expand opportunities and to make continuous improvements to the institutional delivery structure. Continued actions will include solicitation of feedback on referral processes and other means of coordination between such providers and the City of Clearwater. For the third-year Action Plan, the City will support an array of activities that strengthen the institutional delivery structure’s ability to serve persons of low- and moderate-income, persons with special needs, and the homeless. These activities include, but are not limited to, case management and supportive services for homeless adults and families, persons with disabilities, the elderly, and at-risk youth; facilities for homeless adults and families and behavioral and mental health or substance abuse treatment; improvements to community buildings and resource centers; code enforcement/blight elimination; building façade improvements; economic opportunity and business assistance; housing legal services and referrals to appropriate housing providers; affordable housing unit construction or rehabilitation; homebuyer education; and down payment assistance. City of Clearwater, FL 2022/2023 Annual Action Plan 67 OMB Control No: 2506-0117 (exp. 09/30/2021) ACTIONS PLANNED TO ENHANCE COORDINATION BETWEEN PUBLIC AND PRIVATE HOUSING AND SOCIAL SERVICE AGENCIES The City of Clearwater will continue to coordinate with housing and public service providers to develop an effective institutional delivery structure and enhance interagency coordination. The City continues to work with regional housing authorities, such as the Clearwater Housing Authority and Pinellas County Housing Authority, to improve access to public housing and tenant-based rental assistance. Although the funding for public housing authorities is limited, and competition for affordable housing is high, these agencies continue to provide housing-related activities, such as rental assistance, rehabilitation, and new construction, for low-income persons. Input from public housing authorities is regularly solicited during preparation of the City’s Annual Action Plan. Additionally, the City promotes coordination between non-profit and private for-profit housing providers through its Neighborhood and Affordable Housing Advisory Board (NAHAB), through the SHIP- mandated Affordable Housing Advisory Committee (AHAC) in conjunction with the LHAP and LHIS reports, and through the annual Action Plan process. Moreover, annual meetings in conjunction with the Action Plan provide an opportunity for these providers to interact. Public service providers in the greater Clearwater area provide a wide array of services for low- and moderate-income persons. These organizations typically have a specific target population that they serve (e.g., the homeless, persons with special needs, low-income families, etc.), and accordingly possess a level of knowledge and expertise that is invaluable when identifying underserved needs. The continuation and expansion of these public services will be encouraged over the third program year by means of matching programs with funding, as available. The City recognizes that improved coordination between housing and public service providers is regularly solicited during preparation of the City’s annual Action Plan. DISCUSSION For the third-year Action Plan, the City will support activities that will address underserved needs through community development and public services; foster and maintain affordable housing through rehabilitation, new construction, and homebuyer assistance; reduce lead-based paint hazards through responsible rehabilitation; reduce the number of poverty-level families through a combination of mentoring and economic development; and develop institutional delivery structure through a network of community partners, including the City and its departments. Additionally, the City will continue to encourage coordination between public housing authorities, non-profit and private for-profit housing providers, and public service providers through the NAHAB and AHAC, annual Action Plan participation, and regular day-to-day referrals through the Economic Development and Housing Department. City of Clearwater, FL 2022/2023 Annual Action Plan 68 OMB Control No: 2506-0117 (exp. 09/30/2021) PROGRAM SPECIFIC REQUIREMENTS AP-90 Program Specific Requirements – 91.220(l)(1,2,4) INTRODUCTION This section addresses the program-specific requirements for the Annual Action Plan. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG) REFERENCE 24 CFR 91.220(L)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. Available Program Income Amount 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed $27,800 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan $0 3. The amount of surplus funds from urban renewal settlements $0 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan. $0 5. The amount of income from float-funded activities $0 Total Program Income $27,800 OTHER CDBG REQUIREMENTS Overall Benefit Amount 1. The amount of urgent need activities $0 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit – A consecutive period of one, two, or three years may be used to determine that a minimum overall benefit of 70% CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 85.3% City of Clearwater, FL 2022/2023 Annual Action Plan 69 OMB Control No: 2506-0117 (exp. 09/30/2021) HOME INVESTMENT PARTNERSHIP PROGRAM (HOME) REFERENCE 24 CFR 91.220(L)(2) 1. A description of other forms of investment being used beyond those identified in Section 92.205 is as follows: The City will use funding from the State Housing Initiatives Partnership (SHIP) program and/or the Pinellas County Housing Trust Fund for the matching requirements under the HOME program. 2. A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows: Recaptured funds are HOME funds which are recouped by the City when HOME-assisted homeownership housing does not continue to be the principal residence of the assisted homebuyer for the full affordability period. The City will use the recapture method to obtain these funds. The recapture provision is subject to the limitation that when the recapture requirement is triggered by a sale, voluntary or involuntary, of the housing unit, and there are no net proceeds or the net proceeds are insufficient to repay the HOME investment due, the City can only recapture the net proceeds, if any. The net proceeds are the sales price minus the superior loan repayment and closing costs. This language is included in the loan documents. Such funds will be placed in the City’s HOME Investment Trust Fund. These funds will be used by the City for other eligible HOME activities. 3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds? See 24 CFR 92.254(a)(4) are as follows: See the response to number 2, above. 4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required that will be used under 24 CFR 92.206(b), are as follows: The City will not use HOME funds to refinance the existing debt for multi-family projects. DISCUSSION The City of Clearwater anticipates $1,231,980 in total program income. This amount includes an estimated $27,800 for 2022/2023 and $25,100 to be carried over from prior years. This amount also includes income from the City’s revolving loan program, of which $84,080 is estimated for 2022/2023 and $1,095,000 is carried over from prior years. Approximately $767,422 is expected from non-income prior-year resources (i.e., entitlement allocations). Combined with the FY 2022 entitlement allocation of $897,475, available CDBG funds total $2,896,877. City of Clearwater, FL 2022/2023 Annual Action Plan 70 OMB Control No: 2506-0117 (exp. 09/30/2021) The City has not identified funds for urgent need activities at this time. The percentage of overall benefit to low- and moderate-income persons is expected to be 85.3%. The City has calculated the percentage of overall benefit based on a consecutive period of three years (2020, 2021, 2022). This percentage excludes program administration and activities related to the removal of slum and blight. City of Clearwater, FL 2022/2023 Annual Action Plan 71 OMB Control No: 2506-0117 (exp. 09/30/2021) APPENDIX [Separate Attachments) 1. Citizen Participation/Comments 2. Grantee Unique Appendices 3. SF-424 Forms and Certifications CDBG Entitlement - $897,475 AMOUNT AMOUNT AMOUNT AMOUNT AMOUNT AMOUNT HOME Entitlement - $509,528 PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED SHIP Allocation - $1,128,102 CDBG HOME REVOLVING - REHAB REVOLVING - INFILL REVOLVING - E.D.SHIP Public Facilities Improvements * St. Vincent de Paul CKRC (78))89,000.00$ Homeless Emergency Project, Inc. - HVAC Analysis (76.5)55,000.00$ R'Club Child Care - Gateway Facility HVAC Upgrades (73.5) - CDBG-CV R'Club Child Care - Breeden Facility HVAC Upgrades (73.5) - CDBG-CV Homeless Emergency Project, Inc. - 1253 Park St. Improvements (72)95,000.00$ Directions for Living - Elevator Improvements (70.5)94,107.00$ Clearwater Neighborhood Housing Services - Office Improvements (65.5)95,000.00$ Clearwater MLK Jr. Neighborhood Center Coalition, Inc. Rehab Phase Two (61.5)95,000.00$ City of Clearwater Ross Norton Playground 95,000.00$ TBD - Public Facilities Projects 190,000.00$ (City staff may shift funds from one Public Facility project to another) Subtotal 808,107.00$ -$ -$ -$ -$ -$ Public Services Intercultural Advocacy Institute - Youth Leadership (90)15,693.00$ WestCare GulfCoast-Florida, Inc. - Turning Point (87)15,693.00$ Pinellas County Opportunity Council, Inc. - Chore Services Program (85.5)15,693.00$ Homeless Emergency Project, Inc. - Adult Emergency Shelter - (85)12,206.00$ Gulfcoast Legal Services, Inc. - Housing Legal Services 23/23 (84.5)12,206.00$ The Kimberly Home, Inc. - Resident Advisor Salary Support (83)12,206.00$ The Arc of Tampa Bay, Inc. - Waterfall Apartment Program Salary Support (81.5)10,462.00$ HOPE Villages of America - Grace House Salary Support (79)10,462.00$ (City staff may shift funds from one Public Service agency to another) Education/Counseling Clearwater Neighborhood Housing Services, Inc. (82)15,000.00$ 3,000.00$ Tampa Bay CDC d/b/a Suncoast Housing Connections (79)15,000.00$ 3,000.00$ (City staff may shift funds from one counseling agency to another) AMT AVAILABLE = $134,621 (15% of CDBG Allocation) (Amount Subject to Rounding of Funding Available) Subtotal 134,621.00$ -$ -$ -$ -$ 6,000.00$ Administration FY 2022-2023 ALLOCATIONS CDBG Entitlement - $897,475 AMOUNT AMOUNT AMOUNT AMOUNT AMOUNT AMOUNT HOME Entitlement - $509,528 PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED SHIP Allocation - $1,128,102 CDBG HOME REVOLVING - REHAB REVOLVING - INFILL REVOLVING - E.D.SHIP FY 2022-2023 ALLOCATIONS City of Clearwater Administration - CDBG 179,495.00$ City of Clearwater Administration - HOME 50,952.00$ City of Clearwater Administration - SHIP 112,810.00$ City of Clearwater Administration -HOME-ARP City of Clearwater - Admin From Program Income 9,000.00$ 21,000.00$ City of Clearwater Administration - CDBG-CV Subtotal 179,495.00$ 59,952.00$ -$ -$ -$ 133,810.00$ Economic Development/Microenterprise Tampa Bay Black Business Investment Corp. (85.5)50,000.00$ Hispanic Business Initiative Fund of Florida, Inc. d/b/a/ Prospera (82)50,000.00$ Façade Improvement Program*105,000.00$ TBD - Economic Development Projects 231,800.00$ Subtotal 205,000.00$ -$ -$ -$ 231,800.00$ -$ Housing Pool - New Const/Rehab/DPA Clearwater Neighborhood Housing Services - DPA/Loan Processing 10,500.00$ 10,500.00$ Tampa Bay CDC - DPA/Loan Processing 10,500.00$ 10,500.00$ New Construction of Downtown Rental Housing Project 1,385,000.00$ 150,000.00$ Washington Street Decelopment 880,000.00$ Owner-Occupied Land Acquisition **100,000.00$ 137,280.00$ Owner-Occupied Rehabilitation **135,000.00$ 240,208.00$ 315,000.00$ 200,000.00$ Owner-Occupied New Construction **342,000.00$ 400,000.00$ Multi-Family Rehabilitation **100,000.00$ 355,000.00$ 100,000.00$ Multi-Family New Construction **332,000.00$ 379,792.00$ Multi-Family Land Acquisition **150,000.00$ 140,000.00$ Down Payment Assistance 472,500.00$ 157,500.00$ Clearwater Housing Authority - Tenant Based Rental Asssitance (TBRA) **321,400.00$ CHDO Set-Aside **76,429.00$ (City staff may shift funds from one Housing Pool activity project to another) Subtotal 135,000.00$ 4,420,537.00$ 670,000.00$ 277,280.00$ -$ 1,408,292.00$ Revolving Loan Funds CDBG Entitlement - $897,475 AMOUNT AMOUNT AMOUNT AMOUNT AMOUNT AMOUNT HOME Entitlement - $509,528 PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED SHIP Allocation - $1,128,102 CDBG HOME REVOLVING - REHAB REVOLVING - INFILL REVOLVING - E.D.SHIP FY 2022-2023 ALLOCATIONS Owner-Occupied Rehabilitation -$ Owner-Occupied New Construction Subtotal -$ -$ -$ -$ -$ -$ TBD Projects Property Acquisition & Demolition - elimination of slum & blght 255,574.00$ Subtotal 255,574.00$ -$ -$ -$ -$ -$ ACTIVITY TOTAL 1,717,797.00$ 4,480,489.00$ 670,000.00$ 277,280.00$ 231,800.00$ 1,548,102.00$ Amount of Funding Available Prior Years Remaining Entitlement Funds (Carry-Over)767,422.00$ 2,003,239.00$ -$ Prior Years Remaining Program Income (Carry-Over)25,100.00$ 1,787,722.00$ 590,000.00$ 275,000.00$ 230,000.00$ -$ FY 22-23 Program Income (Estimated new PI to receive during FY 22-23)27,800.00$ 180,000.00$ 80,000.00$ 2,280.00$ 1,800.00$ 420,000.00$ FY 22-23 Entitlement Allocation 897,475.00$ 509,528.00$ -$ -$ -$ 1,128,102.00$ FY 19-20 Remaining Funds from CDBG-CV Allocation (Tranches 1&3) FUNDING TOTAL 1,717,797.00$ 4,480,489.00$ 670,000.00$ 277,280.00$ 231,800.00$ 1,548,102.00$ REMAINING BALANCE CARRYOVER INTO FY 22-23 -$ -$ -$ -$ -$ -$ Notes: * Amounts include additional $5,000 for each public facility project and each façade project for inspection fees ** Up to 10% of total project cost may be used for Project Delivery CDBG Entitlement - $897,475 AMOUNT AMOUNT AMOUNT AMOUNT AMOUNT AMOUNT HOME Entitlement - $509,528 PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED SHIP Allocation - $1,128,102 CDBG HOME REVOLVING - REHAB REVOLVING - INFILL REVOLVING - E.D.SHIP Public Facilities Improvements * St. Vincent de Paul CKRC (78))89,000.00$ Homeless Emergency Project, Inc. - HVAC Analysis (76.5)55,000.00$ R'Club Child Care - Gateway Facility HVAC Upgrades (73.5) - CDBG-CV R'Club Child Care - Breeden Facility HVAC Upgrades (73.5) - CDBG-CV Homeless Emergency Project, Inc. - 1253 Park St. Improvements (72)95,000.00$ Directions for Living - Elevator Improvements (70.5)94,107.00$ Clearwater Neighborhood Housing Services - Office Improvements (65.5)95,000.00$ Clearwater MLK Jr. Neighborhood Center Coalition, Inc. Rehab Phase Two (61.5)95,000.00$ City of Clearwater Ross Norton Playground 95,000.00$ TBD - Public Facilities Projects 190,000.00$ (City staff may shift funds from one Public Facility project to another) Subtotal 808,107.00$ -$ -$ -$ -$ -$ Public Services Intercultural Advocacy Institute - Youth Leadership (90)17,437.00$ WestCare GulfCoast-Florida, Inc. - Turning Point (87)17,437.00$ Pinsllas County Opportunity Council, Inc. - Chore Services Program (85.5)17,437.00$ Homeless Emergency Project, Inc. - Adult Emergency Shelter - (85)15,693.00$ Gulfcoast Legal Services, Inc. - Housing Legal Services 23/23 (84.5)15,693.00$ The Kimberly Home, Inc. - Resident Advisor Salary Support (83)10,462.00$ The Arc of Tampa Bay, Inc. - Waterfall Apartment Program Salary Support (81.5)10,462.00$ (City staff may shift funds from one Public Service agency to another) Education/Counseling Clearwater Neighborhood Housing Services, Inc. (82)15,000.00$ 3,000.00$ Tampa Bay CDC d/b/a Suncoast Housing Connections (79)15,000.00$ 3,000.00$ (City staff may shift funds from one counseling agency to another) AMT AVAILABLE = $134,621 (15% of CDBG Allocation) (Amount Subject to Rounding of Funding Available) Subtotal 134,621.00$ -$ -$ -$ -$ 6,000.00$ Administration FY 2022-2023 ALLOCATIONS CDBG Entitlement - $897,475 AMOUNT AMOUNT AMOUNT AMOUNT AMOUNT AMOUNT HOME Entitlement - $509,528 PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED SHIP Allocation - $1,128,102 CDBG HOME REVOLVING - REHAB REVOLVING - INFILL REVOLVING - E.D.SHIP FY 2022-2023 ALLOCATIONS City of Clearwater Administration - CDBG 179,495.00$ City of Clearwater Administration - HOME 50,952.00$ City of Clearwater Administration - SHIP 112,810.00$ City of Clearwater - Admin From Program Income 9,000.00$ 21,000.00$ Subtotal 179,495.00$ 59,952.00$ -$ -$ -$ 133,810.00$ Economic Development/Microenterprise Tampa Bay Black Business Investment Corp. (85.5)50,000.00$ Hispanic Business Initiative Fund of Florida, Inc. d/b/a/ Prospera (82)50,000.00$ Façade Improvement Program*105,000.00$ TBD - Economic Development Projects 231,800.00$ Subtotal 205,000.00$ -$ -$ -$ 231,800.00$ -$ Housing Pool - New Const/Rehab/DPA Clearwater Neighborhood Housing Services - DPA/Loan Processing 10,500.00$ 10,500.00$ Tampa Bay CDC - DPA/Loan Processing 10,500.00$ 10,500.00$ New Construction of Downtown Rental Housing Project 1,385,000.00$ 150,000.00$ Washington Street Decelopment 880,000.00$ Owner-Occupied Land Acquisition **100,000.00$ 137,280.00$ Owner-Occupied Rehabilitation **135,000.00$ 240,208.00$ 315,000.00$ 200,000.00$ Owner-Occupied New Construction **342,000.00$ 400,000.00$ Multi-Family Rehabilitation **100,000.00$ 355,000.00$ 100,000.00$ Multi-Family New Construction **332,000.00$ 379,792.00$ Multi-Family Land Acquisition **150,000.00$ 140,000.00$ Down Payment Assistance 472,500.00$ 157,500.00$ Tenant Based Rental Asssitance (TBRA) ** (Clearwater Housing Authority)321,400.00$ CHDO Set-Aside **76,429.00$ (City staff may shift funds from one Housing Pool activity project to another) Subtotal 135,000.00$ 4,420,537.00$ 670,000.00$ 277,280.00$ -$ 1,408,292.00$ TBD Projects Property Acquisition & Demolition - elimination of slum & blght 255,574.00$ Subtotal 255,574.00$ -$ -$ -$ -$ -$ CDBG Entitlement - $897,475 AMOUNT AMOUNT AMOUNT AMOUNT AMOUNT AMOUNT HOME Entitlement - $509,528 PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED SHIP Allocation - $1,128,102 CDBG HOME REVOLVING - REHAB REVOLVING - INFILL REVOLVING - E.D.SHIP FY 2022-2023 ALLOCATIONS ACTIVITY TOTAL 1,717,797.00$ 4,480,489.00$ 670,000.00$ 277,280.00$ 231,800.00$ 1,548,102.00$ Amount of Funding Available Prior Years Remaining Entitlement Funds (Carry-Over)767,422.00$ 2,003,239.00$ -$ Prior Years Remaining Program Income (Carry-Over)25,100.00$ 1,787,722.00$ 590,000.00$ 275,000.00$ 230,000.00$ -$ FY 22-23 Program Income (Estimated new PI to receive during FY 22-23)27,800.00$ 180,000.00$ 80,000.00$ 2,280.00$ 1,800.00$ 420,000.00$ FY 22-23 Entitlement Allocation 897,475.00$ 509,528.00$ -$ -$ -$ 1,128,102.00$ FUNDING TOTAL 1,717,797.00$ 4,480,489.00$ 670,000.00$ 277,280.00$ 231,800.00$ 1,548,102.00$ REMAINING BALANCE CARRYOVER INTO FY 23-24 -$ -$ -$ -$ -$ -$ Notes: * Amounts include additional $5,000 for each public facility project and each façade project for inspection fees ** Up to 10% of total project cost may be used for Project Delivery Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0674 Agenda Date: 7/21/2022 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 8.2 SUBJECT/RECOMMENDATION: Declare surplus, for the purpose of sale for development of affordable housing, real property located at 1408 Monroe Avenue; approve the Real Property Transfer Agreement between the City and Clearwater Neighborhood Housing Services, Inc.; and authorize the appropriate officials to execute same, together with all other instruments required to affect closing. (APH) SUMMARY: The City Manager recently approved the Economic Development & Housing Department Lot Disposition Procedure. This procedure provides for a transparent and competitive process for when the City transfers a lot for the purpose of constructing a single-family home to be sold to a household qualifying under the City’s definition of Workforce or Affordable Housing. The procedure calls for pre-approved developers to submit applications when a property is available. Applications are vetted by a four-member Lot Disposition Committee and a recommendation from the Neighborhood & Affordable Housing Advisory Board is submitted to City Council. This property is currently vacant, and it is identified by Resolution #23-13 as a city-owned property appropriate for use as affordable housing (Pinellas County Property I.D. #10-29-15-51948-004-0040). The property is suitable for construction of a single-family home. The City acquired the property at no cost in 2015 through the Pinellas County escheatment process due to non-payment of taxes. This property is located within the North Greenwood Neighborhood Revitalization Strategy Area and within the boundary of the North Greenwood Community Redevelopment Area. Clearwater Neighborhood Housing Services, Inc. d/b/a Tampa Bay Neighborhood Housing Services (TBNHS) has a long history of constructing affordable homes within the city of Clearwater. A staff appraisal valued the property at $29,900 on June 29, 2022. According to Section 2.01(d) (5)(i) of the Clearwater City Charter, the City Council may approve the donation or sale for less than fair market value of city-owned property of not more than five acres in size for Workforce Housing. Workforce Housing means housing affordable to persons or families whose total annual income does not exceed 120 percent of the Area Median Income (AMI), adjusted for household size, as published by the U.S. Department of Housing and Urban Development for Pinellas County or metropolitan area. According to information provided by the Pinellas County Property Appraiser, the property is 0.77 acres (3,348 square feet). TBNHS has site control of the adjacent parcel and intends to combine the two parcels to provide for a more desirable development site. Page 1 City of Clearwater Printed on 7/20/2022 File Number: ID#22-0674 APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 7/20/2022 [A04-01510 /291500/1] Real Property Transfer Agreement between the City of Clearwater and Tampa Bay Neighborhood Housing Services, Inc. – 1408 Monroe Ave. REAL PROPERTY TRANSFER AGREEMENT This REAL PROPERTY TRANSFER AGREEMENT (“Agreement”) is made on this ____ day of ___________, 2022, between the City of Clearwater (the “City”), a Florida municipal corporation whose address is 600 Cleveland Street, Suite 600, Clearwater, FL 33755; and Clearwater Neighborhood Housing Services, Inc. d/b/a Tampa Bay Neighborhood Housing Services (“TBNHS”), a Florida not for profit corporation whose address is 608 North Garden Avenue, Clearwater, FL 33755. RECITALS: WHEREAS, the City is the owner of a parcel of real property, commonly known as 1408 Monroe Avenue, Clearwater, FL 33755; and WHEREAS, TBNHS is a not-for-profit corporation within the State of Florida established for the purpose of providing housing related services including constructing homes for families in need of affordable housing; and WHEREAS, TBNHS wishes to acquire the Property for the construction of a single-family home for a qualified family, and the City desires to sell the Property to TBNHS for an amount that is less than the appraised value as provided for under Section 2.01(d)(5)(i) of the Clearwater City Charter, subject to certain conditions; and WHEREAS, the parties desire to memorialize their Agreement. NOW THEREFORE, in consideration of the mutual covenants herein contained, and the mutual benefits to be derived hereunder, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. The recitals set forth above are true and correct and are incorporated herein by reference. 2. This Agreement describes the respective responsibilities of each party in providing for the transfer of the Property for the purpose of constructing a single-family home to be used for affordable housing. 3. The Property is legally described as follows: Lincoln Place, Block 4, Lot 4 as recorded in Plat Book 3, Page 27 of the Public Records of Pinellas County Parcel Number: 10/29/15/51948/004/0040 4. The parties agree the value of the Property is Twenty-Nine Thousand Nine Hundred and 00/100 Dollars ($29,900.00) and that monetary consideration in the amount of Seven Thousand Five Hundred ($7,500) is being received by the City in connection with said land transfer. 5. The City agrees to convey and transfer to TBNHS, all of the City’s right, title and interest in and to the Property subject to the terms, conditions and provisions hereof in return for a sale price of $7,500. The transfer of the Property contemplated by this Agreement shall be conveyed by Special Warranty Deed. The Special Warranty Deed shall contain a reverter clause providing that in the event TBNHS has not commenced and/or completed construction of the improvements within the timeframe(s) specified in paragraph nine (9) below, TBNHS shall [A04-01510 /291500/1] Real Property Transfer Agreement between the City of Clearwater and Tampa Bay Neighborhood Housing Services, Inc. – 1408 Monroe Ave. forthwith, upon the request of the City, reconvey the Property to the City via Special Warranty Deed. The City makes no warranties as to the marketability of title and transfers the Property in “as-is, where-is, with all faults” condition. This provision shall survive termination or expiration of this Agreement and shall not merge into the deed. 6. TBNHS shall have at its own expense, the right to conduct inspections and determine feasibility of accepting the transfer of the Property. For purposes of physical inspection of the Property, the City grants TBNHS, its agents and professionals engaged by such parties, the right to enter upon the Property. TBNHS shall not perform any inspections or tests requiring invasive methods without prior written consent of the City and shall hold the City harmless and indemnify the City for any liability resulting from TBNHS’ entry to the Property. 7. TBNHS will pay all closing costs associated with the transfer of Property, including but not limited to; settlement fees, title insurance, appraisal fees, taxes, and recording fees. 8. TBNHS shall have at its own expense, the right to purchase title insurance. Any matters set forth in the title commitment, including any defects, or liens and encumbrances, shall be the responsibility of TBNHS to cure, or accept as exceptions to the title policy. 9. The Property must be used by TBNHS for the sole purpose of constructing a single-family home to be sold to a household whose total household income does not exceed one hundred twenty percent (120%) of Area Median Income, adjusted for household size, as published by the United States Department of Housing and Urban Development for Pinellas County. TBNHS agrees to commence construction of certain improvements on the Property within twelve (12) months of the date of this Agreement. TBNHS further agrees to complete construction of such improvements within eighteen (18) months of the date of this Agreement. The City retains the unilateral discretion to extend the above timeframes as it determines appropriate. 10. Whenever this Agreement requires or permits any consent, notice, request, or demand from one party to the other (collectively “Notice”), such Notice must be in writing and shall be delivered either by hand or by certified mail. Notice shall be effective as of the date of actual delivery or, if delivery is refused by the receiving party, the date on which such delivery was attempted. Each party’s initial address for delivery of any Notice is designated below, but any party from time to time may designate a different address for delivery of any Notice by delivering to the other party Notice of such different address: If to City: City of Clearwater Attn: City Manager One Clearwater Tower 600 Cleveland Street, Suite 600 Clearwater, FL 33755 If to TBNHS: Tampa Bay Neighborhood Housing Services, Inc. c/o Frank Cornier, CEO 608 North Garden Avenue Clearwater, FL 33755 11. This Agreement may not be assigned by TBNHS without the express written consent of the City, which consent shall be in the City’s sole discretion. [A04-01510 /291500/1] Real Property Transfer Agreement between the City of Clearwater and Tampa Bay Neighborhood Housing Services, Inc. – 1408 Monroe Ave. 12. This Agreement, together with any exhibit(s) attached hereto, constitutes the entire Agreement between the parties and no representation, warranty, promise or inducement not expressly included in the Agreement shall be binding upon any party hereto, their legal representative, successors and assigns. 13. The “Effective Date” of this Agreement shall be the date on which both parties have executed this Agreement. IN WITNESS WHEREOF, the parties have duly executed this agreement the day and year first above written. THE CITY OF CLEARWATER, FLORIDA By: ______________________________ Frank V. Hibbard, Mayor Approved as to form: Attest: ______________________________ _________________________________ Laura Mahony Rosemarie Call Senior Assistant City Attorney City Clerk TAMPA BAY NEIGHBORHOOD HOUSING SERVICES, INC. Attest: ______________________________ By: _____________________________ Frank Cornier, CEO ______________________________ Print Name ______________________________ ______________________________ Print Name Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ANX2022-05006 Agenda Date: 7/21/2022 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.3 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 2843 St. John Drive, and pass Ordinances 9580-22, 9581-22, and 9582-22 on first reading. (ANX2022-05006) SUMMARY: This voluntary annexation petition involves a 0.195-acre property consisting of one parcel of land occupied by a detached dwelling. The property is located on the south side of St. John Drive at the southern terminus of St. Anthony Drive. The applicants are requesting annexation in order to receive sanitary sewer and solid waste service from the City. The property is located within an enclave and is contiguous to city boundaries on all sides, and the annexation will eliminate an enclave. It is proposed that the property be assigned a Future Land Use Map designation of Residential Low (RL) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: ·The property currently receives water service from Pinellas County. The closest sanitary sewer line is located in an easement along the southern property boundary . The applicants have paid the required sewer impact and assessment fees in full and are aware of the additional costs to extend city sewer service to this property. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District III and service will be administered through the district headquarters located at 2851 McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station #48 located at 1700 N. Belcher Road. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire, and EMS service. Water service will continue to be provided by Pinellas County. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and ·The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Page 1 City of Clearwater Printed on 7/20/2022 File Number: ANX2022-05006 Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. ·The proposed Residential Low (RL) Future Land Use Map category is consistent with the current Countywide Plan designation of the property. This designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of a detached dwelling on the subject property is consistent with the uses allowed in the District and the property exceeds the District’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and ·The property proposed for annexation is contiguous to existing city boundaries on all sides; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 7/20/2022 Ordinance No. 9580-22 ORDINANCE NO. 9580-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF ST. JOHN DRIVE AT THE SOUTHERN TERMINUS OF ST. ANTHONY DRIVE, WHOSE POST OFFICE ADDRESS IS 2843 ST. JOHN DRIVE, CLEARWATER, FLORIDA 33759, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owners of the real property described herein and depicted on the map attached hereto as Exhibit “A” have petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 14, Block D, VIRGINIA GROVES TERRACE FIFTH ADDITION, according to the map or plat thereof, as recorded in Plat Book 51, Pages 43 and 44, Public Records of Pinellas County, Florida; (ANX2022-05006) 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. 9580-22 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 Owner(s): Daryl & Jennifer Whitaker Case: ANX2022-05006 Site: 2843 St. John Drive Property Size(Acres): ROW (Acres): 0.195 Land Use Zoning PIN: 05-29-16-94410-004-0140 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264B To: Residential Low (RL) Low Medium Density Residential (LMDR) Ordinance No. 9581-22 ORDINANCE NO. 9581-22 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 SOUTH SIDE OF ST. JOHN DRIVE AT THE SOUTHERN TERMINUS OF ST. ANTHONY DRIVE, WHOSE POST OFFICE ADDRESS IS 2843 ST. JOHN DRIVE, CLEARWATER, FLORIDA 33759, 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 14, Block D, VIRGINIA GROVES TERRACE FIFTH ADDITION, according to the map or plat thereof, as recorded in Plat Book 51, Pages 43 and 44, Public Records of Pinellas County, Florida; Residential Low (RL) (ANX2022-05006) 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. 9580-22. Ordinance No. 9581-22 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): Daryl & Jennifer Whitaker Case: ANX2022-05006 Site: 2843 St. John Drive Property Size(Acres): ROW (Acres): 0.195 Land Use Zoning PIN: 05-29-16-94410-004-0140 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264B To: Residential Low (RL) Low Medium Density Residential (LMDR) Ordinance No. 9582-22 ORDINANCE NO. 9582-22 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 ST. JOHN DRIVE AT THE SOUTHERN TERMINUS OF ST. ANTHONY DRIVE, WHOSE POST OFFICE ADDRESS IS 2483 ST. JOHN DRIVE, CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit “A” is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9580-22. Property Zoning District Lot 14, Block D, VIRGINIA GROVES TERRACE FIFTH ADDITION, according to the map or plat thereof, as recorded in Plat Book 51, Pages 43 and 44, Public Records of Pinellas County, Florida ; Low Medium Density Residential (LMDR) (ANX2022-05006) Ordinance No. 9582-22 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): Daryl & Jennifer Whitaker Case: ANX2022-05006 Site: 2843 St. John Drive Property Size(Acres): ROW (Acres): 0.195 Land Use Zoning PIN: 05-29-16-94410-004-0140 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264B To: Residential Low (RL) Low Medium Density Residential (LMDR) LOCATION MAP Owner(s): Daryl & Jennifer Whitaker Case: ANX2022-05006 Site: 2843 St. John Drive Property Size(Acres): ROW (Acres): 0.195 Land Use Zoning PIN: 05-29-16-94410-004-0140 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264B To: Residential Low (RL) Low Medium Density Residential (LMDR) AERIAL PHOTOGRAPH Owner(s): Daryl & Jennifer Whitaker Case: ANX2022-05006 Site: 2843 St. John Drive Property Size(Acres): ROW (Acres): 0.195 Land Use Zoning PIN: 05-29-16-94410-004-0140 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264B To: Residential Low (RL) Low Medium Density Residential (LMDR) EXISTING SURROUNDING USES MAP Owner(s): Daryl & Jennifer Whitaker Case: ANX2022-05006 Site: 2843 St. John Drive Property Size(Acres): ROW (Acres): 0.195 Land Use Zoning PIN: 05-29-16-94410-004-0140 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264B To: Residential Low (RL) Low Medium Density Residential (LMDR) Detached Dwellings Detached Dwellings Detached Dwellings Detached Dwellings ANX2022-05006 Daryl & Jennifer Whitaker 2843 St. John Drive View looking south at subject property 2843 St. John Drive West of the subject property East of the subject property Across the street, to the north of the subject property View looking easterly along St. John Drive View looking westerly along St. John Drive Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ANX2022-05007 Agenda Date: 7/21/2022 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.4 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 1221 Sunset Point Road and pass Ordinances 9583-22, 9584-22, and 9585-22 on first reading. (ANX2022-05007) SUMMARY: This voluntary annexation petition involves a 0.137-acre property consisting of one parcel of land occupied by a new single-family dwelling (currently under construction). The property is located on the south side of Sunset Point Road approximately 385 feet east of Douglas Avenue. The applicant is requesting annexation in order to receive sanitary sewer, water, and solid waste service from the City. The property is in an enclave and is contiguous to existing city boundaries to the north. It is proposed that the property be assigned a Future Land Use Map designation of Residential Urban (RU) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The need for sanitary sewer and water service was prompted by the applicant ’s proposal to construct a single-family dwelling on a previously vacant lot. Due to timing issues, the applicant has started construction of the single-family dwelling while located in the County. The site plan approved by the County meets the flexible standard development provisions of the Low Medium Density Residential (LMDR) District. Due to the nature of the construction, Pinellas County will require the applicant to connect to the City’s sanitary sewer system prior to the issuance of a Certificate of Occupancy (CO). To ensure consistency in the application of Building Code inspections and to prevent any construction liability issues, the project will be built in its entirety under Pinellas County jurisdiction. For that reason, second reading of the annexation cannot occur until after the County issues a CO. The Planning and Development Department will schedule second and final reading after the applicant obtains the CO. The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: ·Water, sanitary sewer, and solid waste service will be provided by the City of Clearwater. The closest sanitary sewer and water lines are located in the adjacent Sunset Point Road right-of-way. The applicant is aware that the City’s water impact and assessment fees must be paid in full prior to connection and of the additional costs to extend City water service to this property. The applicant has paid the required sewer impact and assessment fees in full and is aware of the additional costs to extend to the City’s sewer system. Collection of solid waste will be provided by the City of Clearwater . The property is located within Police District II and service will be administered through Page 1 City of Clearwater Printed on 7/20/2022 File Number: ANX2022-05007 the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station #51 located at 1712 Overbrook Avenue. The City has adequate capacity to serve this property with water, sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and ·The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. ·The proposed Residential Urban (RU) Future Land Use Map category is consistent with the current Countywide Plan designation of the property. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The proposed use of the subject property is consistent with the uses allowed in the District and the property exceeds the District’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and ·The property proposed for annexation is contiguous to existing City boundaries to the north; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 7/20/2022 Ordinance No. 9583-22 ORDINANCE NO. 9583-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF SUNSET POINT ROAD APPROXIMATELY 385 FEET EAST OF DOUGLAS AVENUE, WHOSE POST OFFICE ADDRESS IS 1221 SUNSET POINT ROAD, 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 2, Block B, Harbor Vista, according to the map or plat thereof, as recorded in Plat Book 18, Page(s) 41, of the Public Records of Pinellas County, Florida; (ANX2022-05007) 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. 9583-22 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 Owner(s): Weekley Homes, LLC Case: ANX2022-05007 Site: 1221 Sunset Point Road Property Size(Acres): ROW (Acres): 0.137 Land Use Zoning PIN: 03-29-15-36666-002-0020 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 260B To: Residential Urban (RU) Low Medium Density Residential (LMDR) Ordinance No. 9584-22 ORDINANCE NO. 9584-22 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 SOUTH SIDE OF SUNSET POINT ROAD APPROXIMATELY 385 FEET EAST OF DOUGLAS AVENUE, WHOSE POST OFFICE ADDRESS IS 1221 SUNSET POINT ROAD, CLEARWATER, FLORIDA 33755, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 2, Block B, Harbor Vista, according to the map or plat thereof, as recorded in Plat Book 18, Page(s) 41, of the Public Records of Pinellas County, Florida; Residential Urban (RU) (ANX2022-05007) 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. 9583-22. Ordinance No. 9584-22 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): Weekley Homes, LLC Case: ANX2022-05007 Site: 1221 Sunset Point Road Property Size(Acres): ROW (Acres): 0.137 Land Use Zoning PIN: 03-29-15-36666-002-0020 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 260B To: Residential Urban (RU) Low Medium Density Residential (LMDR) Ordinance No. 9585-22 ORDINANCE NO. 9585-22 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 SUNSET POINT ROAD APPROXIMATELY 385 FEET EAST OF DOUGLAS AVENUE, WHOSE POST OFFICE ADDRESS IS 1221 SUNSET POINT ROAD, 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. 9583-22. Property Zoning District Lot 2, Block B, Harbor Vista, according to the map or plat thereof, as recorded in Plat Book 18, Page(s) 41, of the Public Records of Pinellas County, Florida; Low Medium Density Residential (LMDR) (ANX2022-05007) Ordinance No. 9585-22 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): Weekley Homes, LLC Case: ANX2022-05007 Site: 1221 Sunset Point Road Property Size(Acres): ROW (Acres): 0.137 Land Use Zoning PIN: 03-29-15-36666-002-0020 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 260B To: Residential Urban (RU) Low Medium Density Residential (LMDR) LOCATION MAP Owner(s): Weekley Homes, LLC Case: ANX2022-05007 Site: 1221 Sunset Point Road Property Size(Acres): ROW (Acres): 0.137 Land Use Zoning PIN: 03-29-15-36666-002-0020 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 260B To: Residential Urban (RU) Low Medium Density Residential (LMDR) AERIAL PHOTOGRAPH Owner(s): Weekley Homes, LLC Case: ANX2022-05007 Site: 1221 Sunset Point Road Property Size(Acres): ROW (Acres): 0.137 Land Use Zoning PIN: 03-29-15-36666-002-0020 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 260B To: Residential Urban (RU) Low Medium Density Residential (LMDR) EXISTING SURROUNDING USES MAP Owner(s): Weekley Homes, LLC Case: ANX2022-05007 Site: 1221 Sunset Point Road Property Size(Acres): ROW (Acres): 0.137 Land Use Zoning PIN: 03-29-15-36666-002-0020 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 260B To: Residential Urban (RU) Low Medium Density Residential (LMDR) Detached Dwellings Detached Dwellings Detached Dwellings Commercial Detached Dwellings ANX2022-05007 Weekley Homes, LLC 1221 Sunset Point Road View looking south at subject property 1221 Sunset Point Road West of the subject property East of the subject property Across the street, to the north of the subject property View looking easterly along Sunset Point Road View looking westerly along Sunset Point Road Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ANX2022-05008 Agenda Date: 7/21/2022 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.5 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 1219 Sunset Point Road, and pass Ordinances 9586-22, 9587-22, and 9588-22 on first reading. (ANX2022-05008) SUMMARY: This voluntary annexation petition involves a 0.137-acre property consisting of one parcel of vacant land. The property is located on the southeast corner of Sylvan Drive and Sunset Point Road. The applicant has indicated a desire to construct a detached dwelling on the property, although no plans have been submitted at this time. They are requesting annexation in order to receive water, sanitary sewer, and solid waste service from the City upon site development . The property is located within an enclave and is contiguous to city boundaries to the north. It is proposed that the property be assigned a Future Land Use Map designation of Residential Urban (RU) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: ·Water, sanitary sewer, and solid waste service will be provided by the City of Clearwater. The closest sanitary sewer line is located in the adjacent Sunset Point Road right-of-way. The closest water line is located in both the Sunset Point Road and Sylvan Drive rights-of-way. The applicant is aware that the City's water impact and assessment fees must be paid in full prior to connection and of the additional costs to extend City water service to this property. The applicant has paid the required sewer impact and assessment fees in full and is aware of the additional costs to extend to the City’s sewer system. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station #51 located at 1712 Overbrook Avenue. The City has adequate capacity to serve this property with sanitary sewer, solid waste, water, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and ·The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact Page 1 City of Clearwater Printed on 7/20/2022 File Number: ANX2022-05008 urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. ·The proposed Residential Urban (RU) Future Land Use Map category is consistent with the current Countywide Plan designation of the property. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The proposed use of a detached dwelling on the subject property is consistent with the uses allowed in the District and the property exceeds the District’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and ·The property proposed for annexation is contiguous to existing city boundaries to the north; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 7/20/2022 Ordinance No. 9586-22 ORDINANCE NO. 9586-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTHEAST CORNER OF SUNSET POINT ROAD AND SYLVAN DRIVE, WHOSE POST OFFICE ADDRESS IS 1219 SUNSET POINT ROAD, 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 1, Block B, Harbor Vista, according to the map or plat thereof, as recorded in Plat Book 18, Page(s) 41, of the Public Records of Pinellas County, Florida; (ANX2022-05008) 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. 9586-22 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 Owner(s): Weekley Homes, LLC Case: ANX2022-05008 Site: 1219 Sunset Point Road Property Size(Acres): ROW (Acres): 0.137 Land Use Zoning PIN: 03-29-15-36666-002-0010 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 260B To: Residential Urban (RU) Low Medium Density Residential (LMDR) Ordinance No. 9587-22 ORDINANCE NO. 9587-22 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 SOUTHEAST CORNER OF SUNSET POINT ROAD AND SYLVAN DRIVE, WHOSE POST OFFICE ADDRESS IS 1219 SUNSET POINT ROAD, CLEARWATER, FLORIDA 33755, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 1, Block B, Harbor Vista, according to the map or plat thereof, as recorded in Plat Book 18, Page(s) 41, of the Public Records of Pinellas County, Florida; Residential Urban (RU) (ANX2022-05008) 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. 9586-22. Ordinance No. 9587-22 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): Weekley Homes, LLC Case: ANX2022-05008 Site: 1219 Sunset Point Road Property Size(Acres): ROW (Acres): 0.137 Land Use Zoning PIN: 03-29-15-36666-002-0010 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 260B To: Residential Urban (RU) Low Medium Density Residential (LMDR) Ordinance No. 9588-22 ORDINANCE NO. 9588-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTHEAST CORNER OF SUNSET POINT ROAD AND SYLVAN DRIVE, WHOSE POST OFFICE ADDRESS IS 1219 SUNSET POINT ROAD, 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. 9586-22. Property Zoning District Lot 1, Block B, Harbor Vista, according to the map or plat thereof, as recorded in Plat Book 18, Page(s) 41, of the Public Records of Pinellas County, Florida; Low Medium Density Residential (LMDR) (ANX2022-05008) Ordinance No. 9588-22 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): Weekley Homes, LLC Case: ANX2022-05008 Site: 1219 Sunset Point Road Property Size(Acres): ROW (Acres): 0.137 Land Use Zoning PIN: 03-29-15-36666-002-0010 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 260B To: Residential Urban (RU) Low Medium Density Residential (LMDR) LOCATION MAP Owner(s): Weekley Homes, LLC Case: ANX2022-05008 Site: 1219 Sunset Point Road Property Size(Acres): ROW (Acres): 0.137 Land Use Zoning PIN: 03-29-15-36666-002-0010 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 260B To: Residential Urban (RU) Low Medium Density Residential (LMDR) AERIAL PHOTOGRAPH Owner(s): Weekley Homes, LLC Case: ANX2022-05008 Site: 1219 Sunset Point Road Property Size(Acres): ROW (Acres): 0.137 Land Use Zoning PIN: 03-29-15-36666-002-0010 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 260B To: Residential Urban (RU) Low Medium Density Residential (LMDR) EXISTING SURROUNDING USES MAP Owner(s): Weekley Homes, LLC Case: ANX2022-05008 Site: 1219 Sunset Point Road Property Size(Acres): ROW (Acres): 0.137 Land Use Zoning PIN: 03-29-15-36666-002-0010 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 260B To: Residential Urban (RU) Low Medium Density Residential (LMDR) Detached Dwellings Detached Dwellings Detached Dwellings Commercial Detached Dwellings ANX2022-05008 Weekley Homes, LLC 1219 Sunset Point Road View looking south at subject property 1219 Sunset Point Road East of the subject property Across the street, to the north of the subject property View looking easterly along Sunset Point Road View looking westerly along Sunset Point Road Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: LUP2022-03003 Agenda Date: 7/21/2022 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.6 SUBJECT/RECOMMENDATION: Approve a Future Land Use Map Amendment from Residential/Office General (R/OG) to Institutional (I) for the property located at 905 South Highland Avenue and pass Ordinance 9575-22 on first reading. (LUP2022-03003) SUMMARY: This Future Land Use Map Amendment involves a 1.86-acre vacant property located on the east side of South Highland Avenue approximately 450 feet south of Druid Road. The parcel, owned by YMCA of the Suncoast Inc., is currently vacant; however, the property was previously occupied by a nursing home that was demolished in 2006. YMCA of the Suncoast would like the option to construct a new smaller facility to replace their current one on the parcel directly to the south, which has been sold to the Learning Independence for Tomorrow (LIFT) School. This amendment would allow the applicant to develop the property with a facility built for delivery of social/public services and/or educational services, although no plans have been submitted at this time. The request is to change the Future Land Use Map designation of the property from Residential/Office General (R/OG) to Institutional (I). The proposed future land use designation of Institutional (I) is compatible with the surrounding uses which includes institutional and single-family residential uses that exist in the vicinity of the subject property. A request to rezone the property from the Office (O) District to the Institutional (I) District is being processed concurrently with this case (REZ2022-03003). An amendment to the Countywide Plan Map will also be required to bring consistency between the city’s Future Land Use Map and the Countywide Plan Map. The applicant understands all necessary approvals and permits must be obtained before development of the subject site occurs. The Planning and Development Department determined that the proposed Future Land Use Map Amendment is consistent with the Clearwater Comprehensive Plan and Community Development Code as specified below: ·The amendment will further implementation of the Comprehensive Plan consistent with the goals, policies and objectives contained in the Plan. ·The amendment is not inconsistent with other provisions of the Comprehensive Plan. ·The available uses, if applicable, to which the property may be put are appropriate to the Page 1 City of Clearwater Printed on 7/20/2022 File Number: LUP2022-03003 property in question and compatible with existing and planned uses in the area. ·Sufficient public facilities are available to serve the subject property. ·The amendment will not adversely affect the natural environment. ·The amendment will not adversely impact the use of property in the immediate area. The Community Development Board reviewed this application at its June 21, 2022 public hearing and made a unanimous recommendation of approval to City Council. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 7/20/2022 Ordinance No. 9575-22 ORDINANCE NO. 9575-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF SOUTH HIGHLAND AVENUE APPROXIMATELY 450 FEET SOUTH OF DRUID ROAD, WHOSE POST OFFICE ADDRESS IS 905 SOUTH HIGHLAND AVENUE, CLEARWATER, FLORIDA 33756, FROM RESIDENTIAL/OFFICE GENERAL (R/OG), TO INSTITUTIONAL (I); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described properties, as follows: Properties Land Use Category See attached Exhibit “A” for legal description; From: Residential/Office General (R/OG) To: Institutional (I) (LUP2022-03003) The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s Comprehensive Plan. Section 3. This ordinance shall take effect contingent upon approval of the County land use designation by the Pinellas County Board of Commissioners, where applicable, and thirty-one (31) days post-adoption. If this ordinance is appealed within thirty (30) days after adoption, then this ordinance will take effect only after approval of the County land use designation by the Pinellas County Board of Commissioners and upon issuance of a final order determining this amendment to be in compliance either by the Department of Economic Opportunity (DEO) or the Administration Commission, where applicable, pursuant to section 163.3187, Florida Statutes. The Community Development Coordinator is authorized to transmit to Forward Pinellas, in its role as the Pinellas Planning Council, an Ordinance No. 9575-22 application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City’s Comprehensive Plan as amended by this ordinance. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit A LUP2022-03003 & REZ2022-03003, 905 S Highland Avenue, 14-29-15-00000-340-0200 A parcel of land lying in the SE ¼ of the SW ¼ of Section 14, Township 29 South, Range 15 East, Pinellas County, Florida and being more particularly described as follows: Commence at the SW Corner of the SE ¼ of the SW ¼ of said Section 14, Township 29 South, Range 15 East; thence run N. 00 deg. 03 min. 29 sec. W., a distance of 772.88 feet to a POINT OF BEGINNING; thence N. 00 deg. 03 min. 29 sec. W. for a distance of 228.42 feet; thence S. 89 deg. 03 min. 55 sec. E. for a distance of 406.0 feet; thence S. 00 deg. 03 min. 29 sec. E. for a distance of 228.4 7 feet; thence N. 89 deg. 03 min. 22 sec. W. for a distance of 406.0 feet to the POINT OF BEGINNING, LESS the West 50.0 feet thereof for HIGHLAND AVENUE right-of-way. Exhibit “B" FUTURE LAND USE MAP Owner(s): YMCA OF THE SUNCOAST INC Case: LUP2022-03003 REZ2022-03003 Site: 905 S Highland Avenue Property Size(Acres): 1.86 Land Use Zoning PIN: 14-29-15-00000-340-0200 From: Residential/Office General (R/OG) Office (O) To: Institutional (I) Institutional (I) Atlas Page: 297A PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: June 21, 2022 AGENDA ITEM: F.3. CASE: LUP2022-03003 REQUEST: To amend the Future Land Use Map designation from Residential/Office General (R/OG) to Institutional (I) GENERAL DATA: Owner.............................. YMCA of the Suncoast Inc. Representative................. Brian J. Aungst Location .......................... 905 S Highland Avenue, located on the east side of S Highland Avenue approximately 450 feet south of Druid Road Property Size ................... 1.86 acres Background: This case involves a 1.86-acre vacant property located on the east side of S Highland Avenue approximately 450 feet south of Druid Road. The parcel, owned by YMCA of the Suncoast Inc., is currently vacant; however, the property was previously occupied by a nursing home that was demolished in 2006. YMCA of the Suncoast would like the option to construct a new smaller facility to replace their current one on the parcel directly to the south, which has been sold to the Learning Independence for Tomorrow (LIFT) School. This amendment would allow the applicant to develop the property with a facility built for delivery of social/public services and/or educational services, although no plans have been submitted at this time. The request is to change the Future Land Use Map designation of the property from Residential/Office General (R/OG) to Institutional (I). A request to rezone the property from the Office (O) District to the Institutional (I) District is being processed concurrently with this case (see REZ2022-03003). An amendment to the Countywide Plan Map will also be required to bring consistency between the City’s Future Land Use Map and the Countywide Plan Map. The applicant understands all necessary approvals and permits must be obtained before development of the subject site occurs. Community Development Board – June 21, 2022 LUP2022-03003 - Page 2 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Vicinity Characteristics: Maps 1 and 2 show the general location of the property and an aerial view of the amendment area and its surroundings. Map 1 Map 2 Map 3 shows the existing surrounding uses. The property to the north and wrapping around to the east of the subject property is owned by the Salvation Army and includes the Social Services Department and a family medical practice. The property to the south is the current YMCA of the Suncoast location that has been sold and will be transitioning to the LIFT School. Across S Highland Avenue to the west there is residential use which includes detached dwellings. Further north along S Highland Avenue and across Druid Road additional residential uses are present. Map 3 Community Development Board – June 21, 2022 LUP2022-03003 - Page 3 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION As shown on Map 4, the abutting future land use designation to the north, south, and east is Institutional (I). Residential Urban (RU) exists across S Highland Avenue to the west and to the north along S Highland Ave and across Druid Road. Map 4 A comparison between the uses, densities and intensities allowed by the existing and proposed Future Land Use Map designations appears in Table 1, along with the consistent zoning districts. Table 1. Uses, Densities and Intensities Allowed by Existing and Proposed Future Land Use Designations Existing FLUM Designation Residential/Office General (R/OG) Proposed FLUM Designation Institutional (I) Primary Uses: Medium Density Residential; Residential Equivalent; Office Public/Private Schools; Churches; Public Offices; Hospitals; Residential Equivalent Maximum Density: 15 Dwelling Units Per Acre 12.5 Dwelling Units Per Acre Maximum Intensity: FAR 0.50; ISR 0.75 FAR 0.65; ISR 0.85 Consistent Zoning Districts: Medium Density Residential (MDR); Office (O) Institutional (I) Community Development Board – June 21, 2022 LUP2022-03003 - Page 4 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION REVIEW CRITERIA: Consistency with the Clearwater Comprehensive Plan [Sections 4-603.F.1 and 4-603.F.2] Recommended Findings of Fact: Applicable goals, objective and policies of the Clearwater Comprehensive Plan which support the proposed amendment include: Goal A.2 A sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development. Objective A.2.2 Future Land Use in the City of Clearwater shall be guided by the City’s Future Land Use Map, which shall be consistent with the Countywide Plan for Pinellas County (The Countywide Plan) including the Countywide Plan Map and shall be implemented through the City’s Community Development Code. Goal A.4 The City shall work toward a land use pattern that can be supported by the available community and public facilities that would be required to serve the development. Policy A.5.5.1 Development shall be designed to maintain and support the existing or envisioned character of the neighborhood. Policy B.1.4.1 The City will continue to review potential trips generated by requests for amendment to the Future Land Use Map. Policy B.1.5.1 The City shall continue to review trips generated by land development projects through the Mobility Management System. The proposed Institutional (I) future land use designation is compatible with the surrounding institutional and single-family residential uses. The zoning districts consistent with the current Residential/Office General (R/OG) designation do not permit social and community center uses, which is the classification of the YMCA. As a result, a concurrent application for amendment to the Zoning Atlas is also being processed to change the zoning designation of the property from Office (O) to Institutional (I) to allow social and community center uses (REZ2022-03003). Overall, the intensity of development allowed will be greater than what is permitted by the current Residential/Office General (R/OG) future land use designation and will be equal or similar to adjacent parcels to the north and south. Although there is potential for increased traffic generation with a change to Institutional use, S Highland Avenue has the capacity to support this increase. The expansion of institutional use does not directly abut residential uses, therefore concerns regarding character of the neighborhood and compatibility do not arise with this application. In addition, the proposal does not degrade the level of service for public facilities below the adopted standards (a detailed public facilities analysis follows in this report). Recommended Conclusion of Law: The request does not conflict with the goals, objectives and policies of the Clearwater Comprehensive Plan and furthers said plan as indicated above. Community Development Board – June 21, 2022 LUP2022-03003 - Page 5 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Consistency with the Countywide Rules Recommended Findings of Fact: The underlying Countywide Plan Map category on the proposed amendment area is Office (O). The proposed amendment area is bounded by Public/Semi-Public (P/SP) to the north, south, and east, and Residential Low Medium (RLM) to the west across S Highland Avenue. The proposed City of Clearwater future land use designation of Institutional (I) will necessitate an amendment from the Office (O) category to Public/Semi-Public (P/SP) category to maintain consistency between the City’s Future Land Use Map and the Countywide Plan Map. Section 2.3.3.11 of the Countywide Rules states that the Public/Semi-Public (P/SP) category is intended to recognize institutional, and transportation/utility uses that serve the community or region, especially larger facilities having acreage exceeding the thresholds established in other plan categories, which are consistent with the need, character, and scale of such uses relative to the surrounding uses, transportation facilities, and natural resource features, and may include residential as part of the mix of uses. The proposed use, as indicated by the applicant, will potentially be a facility built for the delivery of social/public services and/or educational services, which is an appropriate use within the area and consistent with the existing and surrounding Countywide Plan Map categories. Expansion of institutional use would be consistent with the character and scale of such a use relative to the uses surrounding the subject site and transportation facilities available to serve the site (S Highland Ave). Recommended Conclusion of Law: The proposed Future Land Use Map Amendment will require an amendment to the Countywide Plan Map category from Office (O) to Public/Semi Public (P/SP). The proposed Future Land Use Map Amendment is consistent with the purpose of the proposed category in the Countywide Rule. Compatibility with Surrounding Properties/Character of the City & Neighborhood [Section 4-603.F.3 and Section 4-603.F.6] Recommended Findings of Fact: Existing surrounding uses consists of detached dwellings to the west across S Highland Avenue, and further north along S Highland Avenue and across Druid Road. The property to the north and wrapping around to the east of the subject property is owned by the Salvation Army and includes the Social Services Department and a family medical practice. To the south is the current YMCA of the Suncoast location but has been sold and will be transitioning to the LIFT School. Recommended Conclusions of Law: The proposed expansion of the Institutional (I) future land use category would allow development that is in character with the Future Land Use Map designations in the area. Further, the proposal is compatible with surrounding uses and consistent with the character of the surrounding properties and neighborhood. Community Development Board – June 21, 2022 LUP2022-03003 - Page 6 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Sufficiency of Public Facilities [Section 4-603.F. 4] Recommended Findings of Fact: To assess the sufficiency of public facilities needed to support potential development on the proposed amendment area, the maximum development potential of the property under the existing and proposed City Future Land Use Map designations were analyzed. Table 2. Development Potential for Existing & Proposed FLUM Designations Existing FLUM Designation “R/OG” Proposed FLUM Designation “I” Net Change Site Area 1.86 AC (81,021 SF) 1.86 AC (81,021 SF) Maximum Development Potential 0 DUs / 83 Beds1 40,510 SF 0.50 FAR 0 DUs / 69 Beds2 52,664 SF 0.65 FAR 0 DUs / -14 Beds +12,154 SF +0.15 FAR Notes: 1. Residential uses are not permitted through the consistent Office (O) District; however, residential equivalent uses are permitted (3 beds per unit per acre). 2. Residential uses are not permitted through the consistent Institutional (I) District; however, residential equivalent uses are permitted (3 beds per unit per acre). Abbreviations: FLUM – Future Land Use Map DUs – Dwelling Units AC – Acres FAR – Floor Area Ratio SF – Square feet As shown in the table, there is an increase in maximum development potential of over 12,000 square feet. The following analysis compares the maximum potential development of the proposed Institutional (I) future land use developed with a 52,664 square foot non-residential use to the maximum development potential of the existing Residential/Office General (R/OG) future land use category developed with 40,510 square feet of non-residential use. Potable Water The change in development potential from this amendment would result in a decrease in potable water use of up to 1,763.6 gallons per day. This decrease is determined by taking the potential potable water utilization of the proposed land use developed with the maximum square footage allowed (5,266.4 gallons per day) and subtracting it from the potential usage of an office use built out at the maximum square footage permitted by the current land use designation (7,030 gallons per day). The City’s current potable water demand is 10.64 million gallons per day (MGD). The City’s adopted level of service (LOS) standard for potable water service is 120 gallons per day per capita, while the actual usage is estimated at 72 gallons per day per capita (2020 Annual Water Report). The City’s 10-year Water Supply Facilities Work Plan (2016-2026 Planning Period), completed October 2017, indicates that based on the updated water demand projections and other factors, the City has adequate water supply and potable water capacity for the 10-year planning horizon. Community Development Board – June 21, 2022 LUP2022-03003 - Page 7 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Wastewater The change in development potential from this amendment would result in a decrease in wastewater use of up to 2,114 gallons per day. This decrease is determined by taking the potential wastewater utilization of the proposed land use developed with the maximum square footage allowed (4,213 gallons per day) and subtracting it from the potential usage of an office use built out at the maximum square footage permitted by the current land use designation (6,327 gallons per day). The subject property is served by the Marshall Street Water Reclamation Facility, which presently has excess permitted capacity estimated to be 4.82 million gallons per day. Therefore, there is excess sanitary sewer capacity to serve the amendment area. Solid Waste The change in development potential from this amendment would result in an increase in solid waste generated of up to 73.8 tons per year. This increase is determined by taking the utilization of the proposed land use developed with the maximum square footage allowed (142.2 tons per year) and subtracting it from the potential utilization of an office use built out at the maximum square footage permitted by the current land use designation (68.4 tons per year). Pinellas County handles all solid waste disposal at the Pinellas County Waste-to-Energy Plant and the Bridgeway Acres Sanitary Landfill which has significant capacity. Additionally, the city provides a full- service citywide recycling program which diverts waste from the landfill, helping to extend the lifespan of Bridgeway Acres. There is excess solid waste capacity to serve the amendment area. Parkland Under both the existing and proposed future land use, the LOS citywide will continue to exceed the adopted LOS of 4 acres per 1,000 residents. The city is currently providing 7.95 acres of parkland per 1,000 residents. The proposed future land use amendment will not impact the City’s adopted LOS for parkland acreage. Based on this impact analysis, the current provision of 7.95 acres of parkland per 1,000 would remain unchanged [Source: Parks and Recreation Facilities Impact Fee Study, prepared by Benesch (formerly Tindale Oliver) May 23, 2022] Amending a property’s future land use or zoning designation does not have an immediate impact on the City’s Parks and Recreation system and parkland requirements. Impacts are felt when development occurs. This Future Land Use Map Amendment will have no additional impact on parkland. Stormwater Site plan approval will be required before the property can be developed. At that time, the stormwater management system for the site will be required to meet all City and Southwest Florida Water Management District (SWFWMD) stormwater management criteria. Community Development Board – June 21, 2022 LUP2022-03003 - Page 8 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Streets The subject property is located on the east side of S Highland Avenue approximately 450 feet south of Druid Road. To evaluate potential impacts on streets, the typical traffic impacts figure (trips per day per acre) in the Countywide Rules for the corresponding Countywide Plan Map categories (current and proposed) are compared. The current number of trips per day (165 trips) is calculated based on the per acre impact for the Office (O) category of 89 trips/day/acre. The proposed Countywide Plan Map category of Institutional (I) category has an impact of 192 trips/day/acre (357 trips); therefore, the proposed amendment could result in an increase of up to 192 trips per day. S Highland Avenue is a paved, two-lane divided road with sidewalks available on both sides of the roadway in the vicinity of the subject parcel. Although there is potential for an increase in the number of trips that could be generated from the proposed amendment, S Highland Avenue has the capacity available to serve these additional trips. Recommended Conclusions of Law: Based upon the findings of fact, the proposed change would decrease the demand on several public facilities including potable water, wastewater, parkland, and stormwater management; but would potentially see an increase in solid waste and traffic generation. However, this will not result in the degradation of the current levels of service for solid waste and streets. Impact on Natural Resources [Section 4-603.F.5] Recommended Finding of Fact: No wetlands appear to be located on the subject property. The City’s codes require that development is compliant with the City’s tree preservation, landscaping, and stormwater management requirements. Recommended Conclusion of Law: Based on the findings of fact, it is determined that the proposed Future Land Use Map Amendment will not negatively impact natural resources on the subject property. Community Development Board – June 21, 2022 LUP2022-03003 - Page 9 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION SUMMARY AND RECOMMENDATION: No amendment to the Comprehensive Plan or Future Land Use Map shall be recommended for approval or receive a final action of support unless it complies with the standards contained in Section 4-603.F, Community Development Code. Table 3 below depicts the consistency of the proposed amendment with the standards under to Section 4-603.F: Table 3. Consistency with Community Development Code Standards for Review CDC Section 4-603 Standard Consistent Inconsistent F.1 The amendment will further implementation of the Comprehensive Plan consistent with the goals, policies and objectives contained in the Plan. X F.2 The amendment is not inconsistent with other provisions of the Comprehensive Plan. X F.3 The available uses, if applicable, to which the properties may be put are appropriate to the properties in question and compatible with existing and planned uses in the area. X F.4 Sufficient public facilities are available to serve the properties. X F.5 The amendment will not adversely affect the natural environment. X F.6 The amendment will not adversely impact the use of properties in the immediate area. X Based on the foregoing, the Planning and Development Department recommends the following action: Recommend APPROVAL of the Future Land Use Map Amendment from Residential/Office General (R/OG) to Institutional (I). Prepared by Planning and Development Department Staff: ________ Dylan Prins Planner ATTACHMENTS: Ordinance No. 9575-22 Resume Photographs of Site and Vicinity AERIAL PHOTOGRAPH Owner(s): YMCA OF THE SUNCOAST INC Case: LUP2022-03003 REZ2022-03003 Site: 905 S Highland Avenue Property Size(Acres): 1.86 Land Use Zoning PIN: 14-29-15-00000-340-0200 From: Residential/Office General (R/OG) Office (O) To: Institutional (I) Institutional (I) Atlas Page: 297A LOCATION MAP Owner(s): YMCA OF THE SUNCOAST INC Case: LUP2022-03003 REZ2022-03003 Site: 905 S Highland Avenue Property Size(Acres): 1.86 Land Use Zoning PIN: 14-29-15-00000-340-0200 From: Residential/Office General (R/OG) Office (O) To: Institutional (I) Institutional (I) Atlas Page: 297A EXISTING SURROUNDING USES MAP Owner(s): YMCA OF THE SUNCOAST INC Case: LUP2022-03003 REZ2022-03003 Site: 905 S Highland Avenue Property Size(Acres): 1.86 Land Use Zoning PIN: 14-29-15-00000-340-0200 From: Residential/Office General (R/OG) Office (O) To: Institutional (I) Institutional (I) Atlas Page: 297A Detached Dwellings Institutional Community Center Detached Dwellings FUTURE LAND USE MAP Owner(s): YMCA OF THE SUNCOAST INC Case: LUP2022-03003 REZ2022-03003 Site: 905 S Highland Avenue Property Size(Acres): 1.86 Land Use Zoning PIN: 14-29-15-00000-340-0200 From: Residential/Office General (R/OG) Office (O) To: Institutional (I) Institutional (I) Atlas Page: 297A LUP/REZ2022-03003 City of Clearwater 905 S Highland Avenue View looking east at subject property on S Highland Ave North of the subject property South of the subject property Across the street, to the west of the subject property View looking southerly along S Highland Ave View looking northerly along S Highland Ave Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: DVA2022-06001 Agenda Date: 7/21/2022 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.7 SUBJECT/RECOMMENDATION: Approve a Development Agreement between the City of Clearwater and Gotham Property Acquisitions, LLC and The DeNunzio Group providing for the redevelopment of two sites on the west side of Osceola Avenue abutting Coachman Park in the Downtown Core for overnight accommodations, attached dwellings, commercial uses such as retail, food and beverage, cultural uses and event space pursuant to Community Development Code Section 4-606; adopt Resolution 22-15, and authorize appropriate officials to execute same. (DVA2022-06001) SUMMARY: The properties subject to this Development Agreement include a portion of the former City Hall site located at the northwest corner South Osceola Avenue and Pierce Street (112 South Osceola Avenue) and a portion of the former Harborview site located north of Cleveland Street (50 North Osceola Avenue). The properties are located within the Central Business District (CBD) future land use category, the Downtown (D) District and the Downtown Core Character District of the Clearwater Downtown Redevelopment Plan. The proposed Development Agreement between the City and the Developer (i.e., Gotham Property Acquisitions, LLC and The DeNunzio Group, LLC) is anticipated to be in effect for 30 years and includes the following main provisions: ·Permits certain uses: Attached dwellings (apartments), hotel, commercial uses such as retail, food and beverage, and cultural uses, and event space ·Prohibits certain uses: Self-storage facilities, nightclubs and light assembly uses ·Limits building height: former Harborview site limited to 157 feet for the hotel (north building) and 53 feet for the south building; City Hall site limited to 289 feet ·Establishes maximum density and intensity (FAR) for both sites, consistent with the Clearwater Downtown Redevelopment Plan and Community Development Code ·Anticipates Public Amenities Incentive Pool allocation by the Community Development Board: 36 hotel units and 422 residential units ·Requires minimum number of surface and underground off-street parking spaces: 169 parking spaces at the former Harborview site, 119 of which will be reserved and allocated for hotel use, and 600 underground parking spaces at the City Hall site ·Anticipates the need for the City to process a plat for the city-owned property along the waterfront and bluff. ·Recognizes the need for a license agreement to govern cross access between the Page 1 City of Clearwater Printed on 7/20/2022 File Number: DVA2022-06001 Library parking lot and the former Harborview site ·Requires all buildings to be constructed to standards equivalent to LEED Silver certification The proposal is in compliance with the standards for Development Agreements contained in Section 4-606, is consistent with the City’s Comprehensive Plan and Community Development Code, and furthers the vision of Downtown redevelopment as set forth in Clearwater Downtown Redevelopment Plan, as determined by the Planning and Development Department. The Community Development Board will review this Development Agreement application at its public hearing on July 19, 2022 and make a recommendation to City Council. The Planning and Development Department staff will report the recommendation at the city council meeting. APPROPRIATION CODE AND AMOUNT: Funding for this agreement is available in the unrestricted reserve balance of the Parking Fund. USE OF RESERVE FUNDS: The remaining balance of Parking Fund reserves after 25% working capital reserves is approximately $13.0 million or 156% of the current Parking Fund operating budget. Page 2 City of Clearwater Printed on 7/20/2022 DEVELOPMENT AGREEMENT (*DRAFT*) This DEVELOPMENT AGREEMENT (this "Agreement"),being signed this 4th day of August, 2022 (the "Execution Date"),is entered into between the THE CITY OF CLEARWATER (“the City”), a municipal corporation within the State of Florida; GOTHAM PROPERTY ACQUISITIONS, LLC (“Gotham”), a New York limited liability company; and THE DENUNZIO GROUP, LLC (“DeNunzio”), a Florida limited liability company, collectively, the “Developers,” and sometimes referred to herein individually as a “Developer” RECITALS WHEREAS, Clearwater’s former City Hall, which is located on a portion of 112 S. Osceola Avenue, has remained a vacant structure since January 2019; and WHEREAS, a new City Hall is planned for construction near the intersection of S. Myrtle Avenue and Pierce Street; and WHEREAS, the unoccupied property contributes no taxable value to the City, nor does it provide housing, jobs, or amenities for Clearwater residents; and WHEREAS, Clearwater residents amended the City Charter to adopt the Imagine Clearwater plan for Coachman Park, which identified potential complementary redevelopment of certain downtown core properties adjacent to Coachman Park; and WHEREAS, the site of the former Harborview Center, which was located at 320 Cleveland Street, is a vacant property as defined by the Pinellas County Property Appraiser; and WHEREAS, the property on which the former Harborview Center was located is being re- addressed to 50 N. Osceola Ave.; and WHEREAS, the former Harborview Center also contributes neither taxable value nor housing, jobs, or amenities for Clearwater residents; and WHEREAS, the Clearwater City Council would like to stimulate downtown redevelopment for the benefit of all Clearwater residents; and WHEREAS, pursuant to the Community Redevelopment Act, the City of Clearwater issued a Call for Development Concepts (No. 28-22) for Downtown Clearwater Waterfront Development Opportunities for the old City Hall Site and the Harborview Site; and WHEREAS, Developers presented a development concept in response to the Call for Development Concepts, that proposed creating multi-family rental housing and amenities at the unoccupied City Hall site, and a full-service hotel, retail, restaurant, cultural uses and event space on a portion of the former Harborview Center; and, 2 WHEREAS, the Developers are controlled by the Key Principals; and WHEREAS, Developers are willing and financially able to develop both properties for the purpose of creating multi-family housing, retail and restaurant and associated amenities at the unoccupied City Hall site, and a full-service hotel, retail, restaurant, cultural, and event space at the site of the former Harborview Center; and WHEREAS, the City Council on June 16, 2022, unanimously selected Developers, as the City’s development partners following a competitive process under the Community Redevelopment Act; and WHEREAS, the City Council has determined that Developers are committed to the long- term success of this project and downtown Clearwater; and WHEREAS, Developers (through its Affiliate entities) have offered to purchase a portion of the former City Hall parcel, and a portion of the former Harborview Center parcel, for the purpose of fulfilling their development potential; and WHEREAS, City and Developers have entered into a Purchase and Sale Agreement for the Properties on even date herewith; and, WHEREAS, the sale and development of the Property requires an amendment to the City Charter; and WHEREAS, a referendum with the required ballot question to amend the City Charter is expected to be offered to voters on November 8, 2022, in concert with the general election, such question as approved by the City Council on August 4, 2022 as Ordinance 9597-22 (“Charter Amendment”); and WHEREAS, the Charter Amendment provides the voters of Clearwater certainty as to the Developers’ intended uses, construction timelines, and design features; and WHEREAS, the Florida Local Government Development Agreement Act, Florida Statutes Sections 163.3220 –163.3243, authorizes municipalities to establish, by ordinance, procedures and requirements to consider and enter into appropriate development agreements; and WHEREAS, Section 4-606 of the Community Development Code describes the process by which potential development agreements will be considered, including the required content for any application and agreement; and WHEREAS, the Parties wish to enter into this Agreement in accordance with the Florida Local Government Development Agreement Act, as implemented by Section 4-606 of the Community Development Code. 3 NOW, THEREFORE, in consideration of the foregoing Recitals, the parties agree as follows: ARTICLE I DEFINITIONS Section 1.01 Definitions.The following defined terms shall have the meanings set out below: (a)"Affiliate" means, with respect to a person, any other person directly or indirectly controlling, controlled by, or under common control with such first person. As used in this Agreement, the term "control" means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a person, whether through ownership of voting securities, by contract, or otherwise. (b)“Agreement” shall mean this Development Agreement which is project DVA 2022-06001. (c)"Architect" means an architect licensed by the state of Florida. (d)"Bankruptcy" means any of the following: (i) the filing of a voluntary petition under any federal or state law for the relief of debtors; or (ii) the filing of an involuntary proceeding under any such law. (e)“Call for Development Concepts” refers to the Call for Development Concepts (No. 28-22) for Downtown Clearwater Waterfront Development Opportunities for the old City Hall Site and the Harborview Site, located at Cleveland Street and North Osceola Avenue; (f)"Change in Control" occurs during any of the following events: neither David L. Picket nor Matthew Picket directly or indirectly serve as the managing member of Gotham Property Acquisitions, LLC (or any of its affiliates, successors or assigns); Dustin DeNunzio no longer serves as the managing member of The DeNunzio Group, LLC (or any of its affiliates, successor or assigns). (g)“City”refers to the City of Clearwater, Florida, a party to this agreement. (h)"City Hall Project” means the mixed use multifamily rental project to be constructed on the City Hall Site. (i)“City Hall Site” or “old City Hall Site” refers to that portion of 112 S. Osceola Avenue, which is a portion of parcel identification number 16-29-15-20358-001- 0040, which will be conveyed to Developer in fee simple through a separate purchase-sale agreement and as more particularly described in Exhibit “A”, attached hereto and made part hereof. 4 (j)“Code”refers to the Community Development Code of Clearwater, Florida. (k)“Commercially Reasonable Efforts” means the efforts that a reasonable person in position of the Developers would use to achieve a specific goal; provided, however, that an obligation to use Commercially Reasonable Efforts under this Agreement does not require the Developers to take any action or expenditure that is disproportionate or unduly burdensome. (l)“Concept Plan” means the conceptual plans and designs submitted to the City as part of application DVA2022-06001 and attached hereto and made part hereof as Exhibit “C”. (m)“Corporate Housing”means an apartment unit that is owned or leased by a for-profit business entity that is available for rent for occupancy at least ninety (90) days in duration, where said units will be occupied solely by the business entity's officers, employees, family members of the officers or employees, consultants, vendors or contractors. (n)“CRA” refers to the Clearwater Community Redevelopment Agency, a special dependent district operating within the municipality of Clearwater. (o)“DeNunzio”means the DeNunzio Group, LLC, a Florida limited liability company, its successors and assigns. (p)"Developer" refers individually to Gotham Property Acquisitions, LLC, a New York limited liability company or The DeNunzio Group, LLC, a Florida limited liability company, or their successors and assigns, as provided for herein. (q)“Developers” refer jointly to both Developers. (r)“Effective Date” means the date on which this Agreement goes into effect and binds the Parties. The Effective Date refers specifically to the day after it is fully executed and recorded in the Pinellas County public records, which shall be no later than fourteen (14) days after approval. In the event that the voters of the City do not approve the City Charter amendments proposed in City Ordinance 9597-22, then the Parties will record a notice of termination in the Public Records and this Agreement shall terminate and be of no further effect. (s)“Electric vehicle” or “EV”shall have the same definition as provided in Florida Statute 320.01, as amended from time to time. (t)"Environmental Site Assessment” or “ESA” refers to the evaluation process by which commercial property is evaluated for potential contamination and other environmental hazards, in accordance with federal law and rules properly promulgated by the Environmental Protection Agency. As used in this Agreement, the term ESA refers to both Phase I and Phase II ESAs, including, onsite soils, ground water, and/or vapor testing. 5 (u)"Event of Default" means a failure to comply with or fulfill any material term of this agreement. (v)“Execution Date” or “Signing Date” means the date on which the agreement is signed or has been signed by all parties. Notwithstanding the Parties’ signatures, this agreement shall not go into effect or bind the Parties until the Effective Date. (w)“Final Completion" as used in this Agreement, means the issuance of a Certificate of Occupancy by the City of Clearwater, meeting all Florida Building Code requirements, and meeting all City of Clearwater standards necessary to legally and safely occupy a building. Final Completion of the hotel located on the Harborview Site and the first residential tower to be located on the City Hall Site is anticipated to occur no later than nine (9) months following Substantial Completion. Failure to obtain Final Completion in such timeframe shall not be considered an Event of Default under this Agreement so long as the Developers are using Commercially Reasonable Efforts to achieve Final Completion. (x)“Floor Area Ratio” or “FAR”refers to a measure of commercial intensity commonly used in planning and development, and used specifically by the City in its Code and this Agreement. (y)"Force Majeure Event" means any delay that is directly attributable to and caused by flood, fire, earthquake, hurricanes, tornadoes, wind storms, “named storms,” riots, national emergency, sabotage, strikes, labor dispute, wars, pandemics, unavailability of labor or materials; events of similar or greater magnitude; terrorist threats or actions; or directives or orders issued by Governmental Authorities that explicitly or implicitly prohibit construction for more than forty-eight (48) hours, including quarantine requirements; the failure or refusal of Governmental Authorities to act and process applications within the time-frame allowed by law or ordinance, or otherwise hold public or private meetings due to COVID-19 or any other public health reason; delay by Governmental Authorities to act and process applications, permits and approvals with respect to the Approvals, an emergency order issued by Pinellas County, other emergency order issued by the City of Clearwater or other applicable governmental entities, agencies or authorities having jurisdiction, due to COVID-19 or any other public health reason or other causes beyond the reasonable control of Developer. For the avoidance of doubt, a Force Majeure Event shall not include (1) financial distress or the inability of the Developer to make a profit or avoid a financial loss; (2) changes in market prices; or (3) Developers’ financial inability to perform its obligations hereunder. (z)“Gotham”means Gotham Property Acquisitions, LLC, a New York limited liability company, its successors and assigns. (aa)"Governmental Authorities" means any and all federal, state, county, city, town, other municipal corporation, governmental or quasi-governmental board, agency, authority, department, or body having jurisdiction over the Project. 6 (bb)“Governmental Delay” means any actual delay in the Project Schedule (including delays in the granting of entitlements or execution of agreements) to the extent that such delay is actually caused by any act or failure to act by the City or any of its employees, public officials, officers or committees/agencies (collectively, the “Government”). (cc)“Harborview Site” or “former Harborview Site”refers to that portion of parcel identification number 16-29-15-57996-000-0030 which will be conveyed to Developer in fee simple through a separate purchase-sale agreement and is more particularly described in Exhibit “B”, attached hereto and made part hereof. (dd)"Harborview Project” means the mixed use project which includes a hotel, retail, restaurant space and other commercial uses to be constructed on the former Harborview Center. (ee)“Key Principals” means David Picket, Matthew Picket and Dustin J. DeNunzio. (ff)“Landscape Architect”refers to a professional landscape architect engaged by the Parties. (gg)“License Agreement”means the license agreement to be entered into by the City, as licensor, and Developer, as licensee, simultaneously with the Developer’s acquisition of the Property pursuant to the Purchase and Sale Agreement, which will grant Developer access to and use of the portion of the Main Library Lot in connection with the development of the Project. (hh)“Main Library Lot”refers to that portion of parcel identification number 16-29-15-43956-000-0010 adjacent to the Clearwater Main Library and more particularly described in Exhibit “D”, attached hereto and made part hereof, said lot being owned by the City, and will continue to be owned by the City, and to which the Developer will be granted access and use as defined in the License Agreement. (ii)“Nightclub,” for purposes of this Agreement only,refers to any use that encompasses all of the following criteria: (1) the business operates for-profit, (2) the business operates primarily during evening hours, (3) the business sells liquor for consumption on premises, (4) the business routinely imposes a cover charge or admission fee in exchange for the privilege of entering the building or structure in which the business operates, (5) the business routinely imposes a minimum age on entrants, (6) the business routinely provides live entertainment through bands or disc jockeys, and (7) the business provides a dedicated area for dancing, whether by patrons or by employees.Notwithstanding this definition, any activities, events, or business operations occurring entirely inside the hotel shall not be considered “nightclubs” for purposes of this Agreement. 7 (jj)“Ordinance 9597-22” means the ordinance that authorizes the placement of the Charter Amendment on the ballot as a public referendum and allows for the sale of the Property to the Developer. (kk)“Parking Contribution”refers to a Twenty-two Million and no/100s ($22,000,000) sum of money allocated by the City to offset the Developer’s costs associated with designing, constructing, and maintaining underground parking within the Project Site; of this sum, seventeen million and no/100s ($17,000,000) shall be allocated to the old City Hall site, and five million and no/100s ($5,000,000) shall be allocated to the Harborview Site. (ll)“Parties” or “The Parties” refer collectively to all of the signatories to this Development Agreement. (mm)“Pedestrian Bridge” refers to an attractive, elevated walkway available as a free amenity to the general public that connects the old City Hall site to the former Harborview Center, and will complement the design of the Project. (nn)“Person” means any one or more natural persons (regardless of age, mental competency, physical capacity, or legitimacy of birth), corporation for-profit, not-for-profit entities, mutual companies, joint-stock companies, partnerships, associations, firms, joint ventures, labor organizations, unincorporated organizations, syndicates, estates, trusts, trustees in bankruptcy, receivers, fiduciaries, legal representatives, personal representatives, heirs, devisees, spouses, creditors, debtors, beneficiaries, attorneys-in-fact, property owners, landlords, tenants, contract purchasers, contract sellers, public agencies (whether federal, state, or local), public officers, public employees, resident aliens, foreign governments, and any other group or combination of natural or artificial persons or entities.” (oo)“Plan” or “Downtown Plan” means the City of Clearwater Downtown Redevelopment Plan which is part of and incorporated in its Comprehensive Plan. (pp)"Project" is defined individually or collectively as the City Hall Project and Harborview Project. (qq)“Prohibited Person” means (i) any Person identified on the OFAC List, (ii) any other Person or foreign country or agency thereof with whom a U.S. Person may not conduct business or transactions by prohibition of Federal law or Executive Order of the President of the United States of America, (iii) any Person whom is prohibited from doing business with the municipality in which the Property is located; or (iv) any not-for-profit entity. (rr)"Project Schedule" means the schedule for the completion of the design and construction of the Project, identifying the required dates for the achievement of major milestones in the development process, which Project Schedule shall be subject to extension in the event of Governmental Delay or Force Majeure Event including any Executive Order issued by the Governor regarding an emergency which affects Pinellas County. 8 (ss)“Public Realm Improvements”means the sidewalks, decorative paving, tree grates, pedestrian surfaces, trees, landscaping, irrigation, street furniture, sidewalk café furnishings, art, pedestrian lighting, accent/landscape lighting, trash receptacles, bike racks, wayfinding improvements, water features, bollards, and other similar streetscape furnishings, facilities, and elements constructed by or placed within the areas identified as Public Realm on Exhibit “E” attached hereto and made part hereof. (tt)“Purchase and Sale Agreement(s)”means a Purchase and Sale Agreement entered into by the City, as seller, and Developers, their successors or assigns, collectively or individually as purchaser, dated as of the Execution Date for the sale of the City Hall Site for Fifteen Million and Four Hundred Thousand Dollars and no/100s ($15,400,000) and the Harborview Site for Nine Million and Three Hundred Thousand Dollars and no/100 cents ($9,300,000). Nothing herein shall limit the Developers’election to enter into two Purchase and Sale Agreements (one for each Property). (uu)“Qualified Transferee” means a Person who (i)either has a direct or indirect tangible net worth of at least $20,000,000.00 or is a publicly traded company, regardless of net worth, (ii) through its principals, has at least ten (10) years of experience in the ownership and operation of either apartment units rented at market rate to the general public, or the same experience in the ownership and operation of overnight accommodations rented to the general public at market rates, (iii) has at least one thousand (1,000) apartment units or at least one thousand (1,000) hotel units under management, or owns at least ten (10) hotel properties , and (iv)is not a Prohibited Person. (vv)“Site Plan Approval” means the future application for Flexible Development Approval required by the Code for the allocation of the units from the Public Amenities Incentives Pool and issuance of a Development Order. (ww)"Special Purpose Entities" means single purpose limited liability companies and/or limited partnerships formed for the purpose of directly or indirectly owning all or any portion of the Project, which entities shall be directly or indirectly controlled by one or more of the Key Principals. (xx)“Substantial Completion” means receipt of a Temporary Certificate of Occupancy (if requested) or Certificate of Occupancy. Substantial Completion shall be determined separately for the City Hall Project and Harborview Project. For the purpose of the City Hall Project, Substantial Completion shall require a minimum of 93% of residential units in the constructed tower sought to be occupied, shall be available to occupy. For the purpose of the Harborview Project, Substantial Completion shall require a minimum of 93% of overnight accommodation units to be available for occupation. (yy)“the Property”or “the Project Site”refers, collectively, to all parcels to which the City, by separate agreement, is conveying title, along with any land owned by the City and for which the City executes a license agreement with the Developer for access and use. 9 Section 1.02. Terms used but not defined herein shall have the meanings provided in the Clearwater Community Development Code, as applicable. ARTICLE II LEGAL DESCRIPTION OF THE PROPERTY Section 2.01 The old City Hall site, in addition to the definition provided in Section 1.01, is more particularly described by the description and sketch attached to this agreement as “Exhibit A,” attached hereto and made part hereof. Section 2.02 The former Harborview Site, in addition to the definition provided in Section 1.01, is more particularly described by the description and sketch attached to this agreement as “Exhibit B,” attached hereto and made part hereof. Section 2.03 The Main Library Lot, in addition to the definition provided in Section 1.01, is more particularly described by the description and sketch attached to this agreement as “Exhibit D,” attached hereto and made part hereof. Section 2.04 As of the Execution Date, the City is the legal owner of the Property. The Developers hold an equitable interest in the Property, said interest being created by the execution of the Purchase and Sale Agreement dated of even date herewith. ARTICLE III DURATION OF THE AGREEMENT Section 3.01 Duration of the agreement. The Parties agree that this Development Agreement shall last for thirty (30) years after the Effective Date, but may be extended or renewed at the option of The Parties, pursuant to Section 3.02. Section 3.02 Expiration and renewal. The Parties recognize and agree that Florida Statute 163.3229 allow the Parties to extend this agreement by mutual consent, following a public hearing. The Parties retain and reserve the right to consider this option. ARTICLE IV DEVELOPMENT USES, DENSITY, INTENSITY, HEIGHT, AND PARKING Section 4.01 Authorized uses of The Property. As to the old City Hall site, authorized uses include multifamily rental housing (apartments), retail and other commercial uses, and all associated appurtenances and amenities, such as minimal surface parking such as loading and drop off areas and an underground parking garage. As to the site of the former Harborview Center, authorized uses include overnight accommodations, retail and other commercial uses, along with associated appurtenances and amenities, such as minimal surface parking such as loading and drop off areas and underground parking. Section 4.02 Prohibited uses of The Property. As to both sites, prohibited uses include any use that is disallowed by the Code on the Effective Date. In addition, prohibited 10 uses include self-storage facilities, nightclubs (as specifically defined in Section 1.01), and light assembly, even if the Code would otherwise now or in the future authorize such use on the Property. Section 4.03 Amplified sound restrictions. Following Substantial Completion, the Developer, contractors, agents, and commercial tenants shall: (1) coordinate with the operators of Coachman Park to ensure that any programming that includes broadcasting amplified sound from any outdoor location on the site of the former Harborview Center does not conflict with programming at Coachman Park or any of its venues, specifically including the amphitheater; (2) only use amplified sound between the hours of 9:00 am and 12:00 am; and (3) limit amplified sound to a maximum 50dB(A) or 50dB(C), as measured from any point within the boundary line of the nearest residentially occupied property at the street level, unless an exception is granted by the City. A copy of these restrictions shall be included in the rules and regulations applicable to all commercial tenants. For purposes of this section, “amplified sound” refers to any sound broadcast through mechanical speakers or similar powered devices, where such speakers are located or positioned outdoors. Requests for exceptions shall be submitted at least ten (10) days in advance to the City Manager, or designee, who shall grant or deny the request, in his sole discretion. This provision shall be included or recited in any commercial lease entered into between a Developer and a commercial tenant on the Property. Section 4.04 Minimum multi-family housing stock. Recognizing the urgent need to significantly increase the supply of housing options within the City, Gotham through its Affiliate entities shall cause the construction of at least five hundred (500) attached dwelling units on the old City Hall site. Any site plan or site plan amendment that contemplates fewer than five hundred (500) units on the site or a building permit submittal for the first tower (in the event construction is phased) that includes fewer than two hundred fifty (250) units,will not be considered by the City for approval and the City may choose, without penalty and without offering a right to a cure, to terminate this Agreement as to the old City Hall Site within thirty (30) days of such submittal. Section 4.05 Availability of multi-family housing to the general public. After Substantial Completion, and for the duration of this agreement, Developer through its Affiliate entities shall ensure at least eighty percent (80%) of the completed units are made available for rent by the general public at market rates and for periods of tenancy that equal or exceed seven (7) months. Up to twenty percent (20%) of all units may be reserved by Developer through its Affiliate entities, in its sole discretion, for Corporate Housing. Section 4.06 Option to set-aside for workforce housing. Developer, in its sole discretion and at its sole expense, may elect at no cost to the City to reserve up to ten percent (10%) of its housing units for prospective tenants whose income does not exceed up to one hundred and twenty percent (120%) of area median income, adjusted for household size. As a condition precedent to Final Completion, Developer shall notify the City if Developer intends to exercise this option. If Developer initially declines to exercise this option, or fails to notify City, Developer may decide, in its sole discretion and at no cost to the City, to offer the option at any time in the future. 11 Section 4.07 Professional apartment management. Developer shall either manage through an Affiliate or retain the services of a nationally recognized apartment management company to advertise and maintain the buildings and associated appurtenances. Developer or its apartment management company shall, no later than Substantial Completion, create and maintain a publicly accessible website containing rental, pricing and other information consistent with those of other apartments in the Pinellas County market. Section 4.08 Maximum density and intensity. The old City Hall site shall be developed with up to two-hundred and fifty-three (253) units per acre, or six hundred (600) attached dwellings; and up to forty thousand (40,000) square feet of commercial space, which is currently estimated at 0.35 FAR. The maximum density at the Harborview Site shall include up to one hundred and twenty-four (124) units per acre or 158 overnight accommodation units and up to twenty-one thousand (21,000) square feet of commercial space and an FAR of 0.36.1 Section 4.09 Public Amenities Incentive Pool. The maximum density and intensity includes an allocation from the Downtown Plan Public Amenities Incentive Pool of four hundred and twenty-two (422) dwelling units for the old City Hall property and twenty-nine (29) dwelling units (which equates to thirty-six (36) overnight accommodation units2) for Harborview. These allocations shall be reviewed and decided by the Community Development Board (“CDB”) pursuant to a Flexible Development Application in conjunction with site plan approval. In anticipation of receiving the additional units described in the Downtown Redevelopment Plan, and in return for such amenities, the City agrees to support the Developers’ request for this allocation, and to recommend approval to the CDB. Section 4.10 Tolling of Time for Approvals. In the event the CDB denies the Flexible Development Application, or approves said application with a lesser amount of units from the Public Amenities Incentive Pool, the Developers, in their sole discretion, may either appeal the CDB ruling at the Developers’ sole cost and expense but with the support of the City so long as the submitted plans for Flexible Development Approval are substantially in conformity with the Concept Plan; in the event of a condition of approval regarding the Public Amenities Incentive Pool resulting in less density or intensity, accept the CDB ruling and continue with the Project; revise the Concept Plan and proceed with new approvals for the revised concept plan; or, terminate this Development Agreement and the Purchase and Sale Agreement. In the event of a denial, or, an approval that requires an Major Amendment to the Concept Plans or this Agreement, the time periods contained herein shall toll for the time period necessary to prepare and submit a new FLD application consistent with the recommendations of the CDB. Section 4.11 Maximum height. Maximum height for the Harborview Project is one hundred and fifty-seven (157) feet for the hotel, and fifty-three (53) feet for any other 1 For purposes of this Agreement and consistent with the City Code, the actual density and intensity is calculated pursuant to sec. 3-902(F) and this Agreement reflects the actual non-residential area proposed. 2 The Downtown Plan allows for a residential density of 75 units/acre in the Downtown Core and a density of 95 units/acre for Overnight Accommodations. 12 building or structure on the site, all as defined by the Code. Maximum height for the City Hall Site Project is two hundred and eight-nine (289) feet as defined by the Code. Section 4.12 Parking. The Project shall include the Code required3 parking which is anticipated to be six hundred (600) parking spaces at the City Hall Site and one hundred and nineteen (119) parking spaces at the former Harborview Site plus an additional fifty (50) spaces for the benefit of the City at the Harborview Site for a total of one hundred sixty nine (169) spaces all as shown on the Concept Plan. The parking garage shall be predominantly subterranean, and any required surface features must comply with the Code. A total of seven hundred sixty-nine (769) parkings spaces are intended to be constructed between the two sites by the parties, including valet parking spaces. In the event there are fewer than seven hundred sixty-nine (769) total parking spaces approved by the building permits on the City Hall Site and Harborview Site (collectively), including valet parking spaces, or, in the event the total parking spaces are distributed between the two sites resulting in less than six hundred (600) spaces on the City Hall Site, the City may reallocate the Parking Contribution between the two sites pro rata. For example, if the City Hall Site were to ultimately include five hundred fifty (550) rental apartments and five hundred fifty (550) parking spaces and the Harborview Site were to include fifty (50) additional parking spaces, then a proportional increase in the Parking Contribution shall be made to the Harborview Site and a proportional decrease to the City Hall Site. In the event the constructed parking does not comply with the anticipated number of parking spaces, including valet parking spaces, the City shall have the right to a refund of the pro rata share of the Parking Contribution per space ($30,000 per space) that is not constructed. Section 4.13 City Parking Spaces. A minimum of fifty (50) parking spaces at the Harborview Site shall be reserved and allocated to the City, which shall have the right to enforce all parking rules and restrictions related to those fifty (50) spaces. The City shall promptly deliver to the Developer any rules or policies enacted as related to the City parking spaces. Location, operation, and signage related to those fifty spaces shall be determined at the time of Site Plan Approval in cooperation with the Parties and, to the extent practical, located in the same general area. Section 4.14 Harborview Access. Access to the Harborview Site shall be shared with the Clearwater Main Library as shown on the Concept Plan and as encouraged by the shared access provisions of the Code. Such access shall be further memorialized in a renewable License Agreement as provided for herein. The grant of such License Agreement is required for the development of the Harborview Site as contemplated by the Parties. ARTICLE V PUBLIC FACILITIES SERVING THE PROPERTY 3 The Code requires a minimum parking of 1 parking space per unit for attached dwellings in the Downtown Core and 0.75 spaces to one overnight accommodation unit in the Downtown Core, as may be adjusted by the terms of the Code. 13 Section 5.01 Public safety services. The Clearwater Police Department and the Clearwater Fire Department shall provide primary public safety services to the Property. Section 5.02 Utility Service Providers. The Project will be served by City of Clearwater utilities (including Solid Waste), the Clearwater Gas System; Duke Energy and other service providers which have current utilities located in or near the Project Site(s). In the event new City facilities are required to support the Project, the City has agreed to construct as part of its continuing capital improvements. The City agrees that any such construction shall be completed prior to commencement of construction. In the event the City does not provide the site with all City utility connections with sufficient capacity to serve the Project, Developers may construct such facilities as necessary and seek reimbursement from the City for same. Section 5.03 Connections for public utilities. The City will provide all necessary connections for potable water, sewer, and other municipal utilities (excluding those provided by third parties, such as Duke Energy for electric service) to the Project sites. Pursuant to a separate authorization, any and all connection and impact fees (including Mobility Fees) that may be assessed by the City shall be paid by the CRA directly to the City prior of the issuance of a Building Permit for the portion of the Project anticipated to be issued. ARTICLE VI RESERVATION, DEDICATION OF LAND, AND LICENSE AGREEMENT Section 6.01 Subdivision and Platting. The Parties agree that both Properties must be formally subdivided and, if necessary, a new plat approved by the City of Clearwater and recorded in the Official Records of Pinellas County to formalize the subdivision. The City shall prepare the Preliminary Plat application, apply for, and obtain Preliminary Plat approval; pursue final plat approval; and prepare the Property for development and conveyance prior to the Closing Date as defined in the Purchase and Sale Agreement. Section 6.02 Dedication to the public. The Parties agree that upon replatting the area described in Section 6.01, the ingress and egress to the publicly accessible areas shall be dedicated to the general public, either by plat or by separate agreement. This dedication shall not preclude Developer from creating or enforcing reasonable rules relating to access and conduct within the boundaries of the Property. Section 6.03 Dedication of the Pedestrian Bridge. The Parties agree that any portion of the Pedestrian Bridge that may be constructed shall be dedicated to the general public. Section 6.04 License as to the Main Library Lot. The Parties shall enter into a separate license agreement for access, ingress/egress and temporary parking on the Main Library Lot. Such access and use shall be governed by the terms of the License Agreement. Upon execution of the License Agreement, the License Agreement will be considered 14 incorporated by reference into this Agreement. The term of the License Agreement shall be for at least the entire duration of this Agreement and shall include provisions to allow for the automatic renewal of such access, ingress/egress and temporary parking during the existence of the Harborview Project. Any breach or violation of the License Agreement may be enforced by remedies specified therein. ARTICLE VII REQUIRED PERMITS AND PROJECT SCHEDULE Section 7.01 Conditions precedent to closing on the old City Hall site. Closing on the Property, as defined in the City Hall Site Purchase and Sale Agreement, and any development contemplated herein, may not occur until: (i) Ordinance 9597-22 is enacted by the Clearwater City Council; (ii) the Clearwater Charter is amended by an affirmative vote of the electorate; (iii) approval of a Preliminary Plat application; (iv) approval of a Flexible Development Approval (“FLD Application”), substantially conforming to the Concept Plan; and (v) issuance by the City of a building permit for the first individual phase of development which shall, [at a minimum, include the podium and one residential tower on the old City Hall Site];(vi) payment by the CRA to the City of any required impact fees and mobility fees; and (vii) payment of the portion of the Parking Contribution allocable to the City Hall Site, which shall be paid at the time of closing pursuant to the Purchase and Sale Agreement. In the event any of these conditions precedent fail to occur by December 31, 2024, subject to extension by Force Majeure Event, Governmental Delays, or extended pursuant to Section 7.03 of this Agreement, the City shall have the option, at its sole discretion, to terminate the portions of this Agreement related to the old City Hall site. Section 7.02 Conditions precedent to closing on the former Harborview Site. Closing on the Property, as defined in the Harborview Site Purchase and Sale Agreement, and any development contemplated herein, may not occur until: (i) Ordinance 9597-22 is enacted by the Clearwater City Council; (ii) the Clearwater Charter is amended by an affirmative vote of the electorate; (iii) approval of a Preliminary Plat application; (iv) approval of a Flexible Development Approval (“FLD Application”), substantially conforming to the Concept Plan; and (v) issuance by the City of a building permit for the first individual phase of development which shall, at a minimum, include the hotel located on the former Harborview Site; (vi) payment by the CRA of any required impact fees and mobility fees; and (vii) payment of the portion of the Parking Contribution allocable to the Harborview Site, which shall be paid at the time of closing pursuant to the Purchase and Sale Agreement. In the event any of these conditions precedent fail to occur by December 31, 2024, subject to extension by Force Majeure Event, Governmental Delays, or extended pursuant to Section 7.03 of this Agreement, the City shall have the option, at its sole discretion, to terminate the portions of this Agreement related to the former Harborview Site. Section 7.03 Extension of Closing. The Parties recognize that additional time may necessary to close pursuant to the Purchase and Sale Agreement. Notwithstanding anything contained herein to the contrary, and provided that Developers are using Commercially Reasonable Efforts to obtain approval of any necessary permits, the 15 Developers shall be entitled to an extension of ninety (90) days by delivering written notice thereof prior to December 31, 2024, and submitting payment to the City a non-refundable, additional sum of two hundred thousand dollars ($200,000.00) for each site to which the extension option has been exercised, as more fully set forth in the Purchase and Sale Agreement. Section 7.04 Site plan review, Building Permit, and Closing. The Developers will use Commercially Reasonable Efforts to submit, as to each site, (1) an application for Flexible Development Approval, and (2) and an application for building permit in a manner to be deemed complete and on a schedule that will allow the issuance by the City of a building permit and closing by December 31, 2024 for the first individual phase of development, subject to extension in the event of Force Majeure Event or Governmental Delay. The plans submitted in support of the application for Flexible Development Approval and the building permits shall be substantially in conformance with the Concept Plan. Changes to the Concept Plan shall be governed by Sec. 4-606(i)(1) of the Code. Section 7.05 Other Permits. The Project development will require the following permits: (i) City of Clearwater Building Permits; (ii) City of Clearwater right of way permit; (iii) Southwest Florida Water Management District Environmental Resource Permit; and (iv) Florida Fish and Wildlife Commission (if required). Section 7.06 Code amendments. The Parties acknowledge that text amendments to the Code may be necessary for the Developers to comply with their obligation to construct a project that substantially conforms to the Concept Plan. To the extent that Code amendments are necessary to achieve this objectives, the Community Development Coordinator will initiate a text amendment in the manner described in Section 4-601 of the Code. The Parties recognize that text amendments can be approved only by the City Council, and nothing in this agreement shall obligate the City Council to approve a text amendment. However, any time spent by the City in processing or considering a text amendment shall be considered a Governmental Delay. In addition, if the City ultimately declines to adopt a text amendment that would enable or assist the developers in fulfilling or complying with the Concept Plan, the Developer shall in that case resubmit plans within a commercially reasonable amount of time that conforms to the Code and, to the extent allowed by the Code, also fulfill the Concept Plan. Section 7.07 Private provider reviews. The Parties acknowledge a fee owner’s entitlement under Florida Statute 553.791 to utilize a private provider for plans review and building code inspection services. To ensure the Developer can exercise this option, the City, as the current fee owner of the Property, hereby designates the Developer, for purposes of Section 7.07 only, as the City’s authorized “contractor” under Florida Statute 553.791(2)(a). Should the Developer exercise this option, either prior to or after acquiring title to the Property, the City shall charge the minimum administrative fees as provided for in Florida Statute 533.791, or the maximum extent allowed by Florida Statute 553.791, whichever fee is less. Pursuant to the City Code, permit fees shall also be reduced accordingly. 16 Section 7.08 Certificate of occupancy. Developer shall apply for and obtain a certificate of occupancy for each phase of the Project that is constructed. ARTICLE VIII CONSISTENCY FINDINGS Section 8.01 City’s Comprehensive Plan. This Agreement is consistent with the City’s Comprehensive Plan, as well as the City’s Downtown Redevelopment Plan. Section 8.02 City’s Land Development Regulations. The Concept Plans, as attached hereto, comply with the City’s Code, or will comply prior to submittal of the FLD application. Section 8.03 Concurrency finding. As required by Section 4-606(G)1, the Parties stipulate that the requirements for concurrency have been satisfied or will be satisfied by the City’s obligations prior to construction. ARTICLE IX TERMS AND CONDITIONS FOR PUBLIC WELFARE Section 9.01 Future plans shall substantially comply with the Concept Plans as provided for in the Code. Section 9.02 Sustainability, Health and Wellness, and Resilience Features. In furtherance of the City’s Greenprint 2.0, an environmental plan designed to create a sustainable future, the Project will be designed and constructed to achieve LEED Silver Certification. Section 9.03 EV-capability and EV-readiness. At least ten percent (10%) of all parking spaces within the Projects shall be EV-capable by Final Completion, and at least five percent (5%) of all parking spaces shall be EV-installed or EV-operational by Final Completion. Section 9.04 Landscaping and hardscaping. The Developers shall provide landscape plans for the Properties as required by the City’s Flexible Development Approval process. The Developers shall select landscaping and hardscaping designs of their choosing, but must utilize the services of the Landscape Architect in their selection, who will consult with the City to ensure botanical and aesthetic compatibility with the public right-of-way and other abutting City property. The Developers shall be responsible, at their sole expense, for the design, erection, installation, and maintenance of all landscaping and hardscaping located on the Property unless otherwise provide for herein. City shall provide and construct complementary landscape and hardscape to ensure the appropriate transition from Coachman Park to the Properties, as indicated on the Public Realm Improvements Exhibit “E”. Section 9.02 Pedestrian Bridge. The Parties agree to share equally costs and responsibilities associated with designing and constructing, the Pedestrian Bridge, with 50% of such costs to be paid by the City and 50% of the costs to be paid by the Developers, who will be held jointly and severally liable for payment of those costs, provided that the total cost associated with designing and constructing the Pedestrian Bridge shall not exceed Four Million and No/100 17 Dollars ($4,000,000.00) for design and construction. If the Parties determine that the design and construction cost of the Pedestrian Bridge exceeds Four Million and No/100 Dollars ($4,000,000.00), then the City, at its option, may approve additional funding; evaluate and select a possible alternative design that would reduce the cost of the Pedestrian Bridge, construct a pedestrian walkway partially at grade instead of a Pedestrian Bridge; or delete Pedestrian Bridge from the Project. If the City decides to approve an alternative design or to remove the Pedestrian Bridge from the Project, Developers will not be found in default under this Agreement. In no event shall the Developers be responsible for contributing more than Two Million ($2,000,000.00) to the design and construction cost of the Pedestrian Bridge, or any alternative design. Section 9.03 Impact fees and Utility Connection Fees. To ensure continued high quality Public Utility service, and in furtherance of the City’s continued investment in multi-modal transportation, all impact fees (including Mobility fees) and necessary connection fees due to the City will be paid by the CRA on the Developer’s behalf. The Parties acknowledge the CRA’s approval of this expenditure on July 18, 2022, which will be paid pro rata directly to the City by the CRA at time of permit issuance. Section 9.04 Change in control provisions. The Developer and the City acknowledge and agree that the conveyance of the Property by the City to Developer is expressly conditioned on Developer’s agreement to develop the Property in accordance with this Development Agreement and within the time set forth herein, which shall be extended in the event of Force Majeure Event and/or Governmental Delay. Developer shall not sell, transfer, bequeath, or otherwise dispose of the Property, or any part thereof, until the City Hall Project or Harborview Project, as applicable, is Substantially Complete in accordance with this Development Agreement, provided, however, that Developer shall have the right to (i) assign its interest in this Agreement to one or more Special Purpose Entities and (ii) transfer membership interest in the Developer and/or Special Purpose Entities to third party investors provided that one or more of the Key Principals retain direct or indirect control of the Developer and/or Special Purpose Entities, major decision and removal rights of such lenders and/or investor members. Subject to the remedies of lenders and equity investors, Developers agree there shall be no Change in Control prior to Substantial Completion. Developer and/or the Special Purpose Entities shall be entitled to collaterally assign its interest in the Property to institutional lenders and/or investors in connection with the construction and/or permanent financing of the Project. Section 9.05 Future conveyance. The Parties agree that the long-term ownership of the Properties by professional developers or owner-operators is crucial to the success of the Project and the downtown. For these reasons, the Parties agree that any future conveyance of the Property, or those portions of the Property that are residential and overnight accommodation uses, whether prior to Substantial Completion or at any time after Substantial Completion, shall be to a Qualified Transferree. For the avoidance of doubt, leasing or subleasing the Property to residential or commercial tenants shall not be deemed a conveyance of the Property. Section 9.06 Assignment of Development Agreement. Pursuant to Florida Statute §163.3229, the burdens of this Agreement shall be binding upon and the benefits shall inure to all successors in interest to the parties to the Agreement, including any Special Purpose Entities, Qualified Transferees and, to the extent provided in Section 4.03, commercial tenants. Any attempted assignment or transfer in violation of this section shall be void ab initio. 18 Section 9.07 Timing of construction activity. The Parties understand that construction activities can be disruptive to residents, especially during evening hours. Therefore, all construction activities shall occur during the times described in Section 3-1508 of the City of Clearwater Code of Ordinances, except in cases of emergency, or where prior approval has been granted by the City Manager, in his or her sole discretion. The City may give advance notice to cease outside or exterior construction that may conflict with a previously scheduled event at Coachman Park, but not more than four (4) times per calendar year. Section 9.08 Time is of the Essence. The Parties agree that timely completion of this Project is of paramount importance, and time is of the essence regarding the calendar dates and milestones described in this agreement. The Developer’s failure, after its commercially reasonable efforts, to obtain Substantial Completion, or any other timeline established in this agreement, as such timeline shall be extended in the event Force Majeure Event or Governmental Delay, shall result in a material default of this Agreement. Section 9.09 Default. A material breach of any term of this agreement by either party shall constitute an Event of Default. Upon an Event of Default, the aggrieved party shall promptly notify all other Parties of the basis for concluding that an Event of Default has occurred. In such event, the accused Party shall have thirty (30) days to respond and cure the Event of Default or one hundred and eighty (180) days if such Event of Default is not capable of being cured within thirty (30) days provided the accused Party is making good faith efforts to cure such Event of Default. If the Party fails to respond, or fails to cure the Event of Default, the aggrieved Party shall have, except as limited by Section 9.14, the ability to exercise any and all rights available in law, in equity, and under this contract, provided, however, that in no event shall the Parties be liable for punitive, consequential or special damages. At the request of Developer, the City shall enter into an amendment to this Agreement or subordination, recognition and standstill agreement pursuant to which among other things (i) the rights of the City following an Event of Default by the Developer will be subject and subordinate to the rights of the institutional lenders and/or investors, (ii) the institutional lenders and/or investors will have the right, but not the obligation to cure the Event of Default on behalf of Developer, during an extended notice and cure period, and (iii) the City will recognize the institutional lenders and/or investors right to remove and replace the Key Principals and/or the Developer with a Qualified Transferee. Notwithstanding this provision, the extended notice and cure period shall not apply prior to Closing unless the Developer gives notice to City of an institutional lender and/or investor who has been admitted and demands such right but in no way will diminish the City’s right to terminate under Section 4.04. Section 9.10 No cross-default. Notwithstanding anything to the contrary, the City Hall Project and Harborview Project shall not be cross defaulted and in the event there are multiple Developers and/or Special Purpose Entities pursuant to the assignment provisions herein, the obligations hereunder applicable to the City Hall Project and Harborview Project shall be several and not joint and several obligations of the Developers and/or Special Purpose Entities formed to undertake the City Hall Project and Harborview Project. Notwithstanding anything to the contrary, an in connection with the Harborview Project an Event of Default in connection with the Harborview Project shall not be deemed an Event of Default in connection with the City Hall Project; and an Event of Default in connection with the City Hall Project shall not be deemed an Event of Default in connection with the Harborview Project. The Parties hereby agree that the City will only pursue remedies against the individual Developer or Special Purpose Entities formed 19 to undertake the portion of the Project for which an Event of Default has been claimed. Notwithstanding anything to the contrary herein, no default by either the City or the Developer under this agreement shall be deemed to constitute an Event of Default under any other document or instrument now or hereafter in effect between the Parties, including without limitation the purchase-sale agreement for the Property or the license agreement for the main library lot. It is the intent of the parties that this agreement and the parties’rights, duties and obligations hereunder are intended to be separate and distinct from any other contract or agreement, and not subject to “cross default.” A party in breach of the purchase-sale agreement of the Property, the License Agreement for the Main Library Lot, may seek redress only as provided in those agreements. Section 9.11 Remedies Not Exclusive.Except as provided in Section 9.14, (a) the exercise of one or more of the rights and remedies under this agreement shall not preclude the exercise of any other right or remedy under this agreement, at law, or in equity; and (b) damages at law may not be an adequate remedy for a breach or threatened breach of this agreement and in the event of a breach or threatened breach of any provision hereunder, the respective rights and obligations hereunder shall be enforceable by specific performance, injunction, or other equitable remedy. In no event shall the Parties have the right to seek punitive, consequential or special damages. Section 9.12 Force Majeure. None of The Parties shall be liable or responsible to any other party, nor be deemed to have defaulted under or in breach of this development agreement, for any failure or delay in performing any term of this agreement when and to the extent such failure or delay is directly caused by and attributed to a Force Majeure Event. Section 9.13 Tolling of Time Periods for Force Majeure Event. When a Developer claims that it has been affected by Force Majeure Event in accordance with this paragraph, the time periods set forth in this Agreement shall be tolled, to the extent that those obligations are affected by the Force Majeure Event, from the date of the Force Majeure Event (provided that Developer provide written notice to the City of such event) until cessation of that Force Majeure event (or the consequences thereof).If one or more Force Majeure Events overlap, the time periods set forth in this Paragraph 9.13 shall be tolled only for the longest period of the overlapping Force Majeure Events (i.e., such events shall run concurrently, not consecutively).Developer shall use Commercially Reasonable Efforts to resume, with the shortest possible delay, compliance with obligations under this Development Agreement. Section 9.14 Governmental Delay. Notwithstanding anything to the contrary contained in the Agreement, all time periods applicable to Developer shall be subject to day-for-day extensions in the event of any Governmental Delay. Section 9.15 Tolling of Time Periods Generally. Notwithstanding anything to the contrary, in the event that there is an appeal or legal proceeding challenging this Agreement or challenging other matters affecting the purpose, intent, or rights of a Developer, the Developers or the City to develop the Project as contemplated hereby, a Force Majeure Event, or Government Delay, all time periods shall be extended on a day-for-day basis; provided, however, that in no event shall this Agreement be deemed to exceed the duration of thirty (30) years as set forth in Section 3.01 herein. 20 ARTICLE X CITY OBLIGATIONS Section 10.01 City’s cooperation. The City agrees to assist in carrying out the Project by preparing, submitting to the voters of Clearwater, and promoting a referendum (to the extent permitted by Florida law) approving the sale of the Property to the Developers (Ordinance 9597-22); completing the sale of the Property to the Developers, subject to the mutual agreement of the Parties memorialized in a separate purchase-sale agreement; and completing the Public Realm Improvements described in Section 10.09. In addition, the City will provide financial support to support the public benefits associated with the Project to the extent required by this Agreement. Section 10.02 Development review, permitting and platting. The City agrees to diligently proceed with and complete its development review and permitting processes for each phase of the Project, and respond to the Developer as soon as reasonably possible after receipt thereof and advise the Developer in writing of the City’s comments and objections, if any, thereto. The City shall, at minimum, comply with the responsiveness requirements, including timelines, specified in Florida Statute 166.033. Section 10.03 Prioritization of resources. Recognizing the urgency of creating additional housing stock within the City, the City shall, to the extent practical, prioritize all site plan reviews, applications for building permits, and other matters relating to the Project. Section 10.04 Cooperation for waterborne transportation. The Parties fully support and endorse the concept of waterborne public transportation. The Parties acknowledge the City’s current support for the Clearwater Ferry, and further acknowledge the efforts of the Pinellas Suncoast Transit Authority (“PSTA”) to expand access to waterborne transportation. The City agrees to collaborate with PSTA with a goal toward increasing access and usage as opportunities for collaboration arise. Section 10.05 Cooperation regarding marina facilities. The City and Developer shall explore and cooperate regarding the construction and use of new boat slips or use of existing boat slips at the Clearwater Harbor Marina. Section 10.06 Cooperation as to Tourist Development Council (“TDC”). The City agrees to recommend and support the Developer’s request for supplemental funding from the TDC. The Parties acknowledge that the City does not control the TDC, and cannot assure the Developer of a particular outcome. Section 10.07 Demolition and remediation of City Hall. The City agrees to demolish the old City Hall site, clear the land, obtain a Phase I ESA, obtain a Phase II ESA if required based upon Phase I ESA findings, and provide a copy of the same to the Developer. If the ESA identifies the need for environmental remediation, the City will perform or arrange the remediation at no cost to the Developer. The City will perform the remediation prior to, and as a condition precedent to, closing on the sale of the Property. If remediation is required, any remediation performed by the City after the Developer receives 21 a building permit for the old City Hall site shall toll the due diligence period while the remediation occurs. Section 10.08 Remediation of Harborview Site. The City agrees to obtain a Phase I ESA for the Harborview Center site, obtain a Phase II ESA if required based upon the Phase I ESA findings, and provide a copy of the same to the Developer. If the ESA identifies the need for environmental remediation, the City will perform or arrange the remediation at no cost to the Developer. The City will perform the remediation prior to, and as a condition precedent to, closing on the sale of the Property. If remediation is required, then all timelines shall be tolled as needed to account for the time for remediation to occur. Section 10.09 Public Realm Improvements. The City shall complete, at its own expense, the improvements located on the public property identified on the Public Realm Improvements Exhibit E attached hererto. The Public Realm Improvements include anticipated improvements to Osceola Avenue including the construction of improved intersections. The City and Developer will coordinate the design and construction of such Public Realm Improvements to ensure completion of such improvements prior to Substantial Completion. The City shall identify the funding source for the Public Realm Improvements and commit such funds prior to as a condition of Developers Closing on the purchase of the properties. The Public Realm Improvements shall be completed prior to Substantial Completion. In the event the City does not complete the Public Realm Improvements, Developer, at its option, may proceed to complete such improvements to ensure the continuity and integration of the Projects to the public realm and seek reimbursement for the actual costs thereof. Notwithstanding this section 10.09, the Pedestrian Bridge construction shall be pursuant to the terms of this Agreement. Section 10.10 Financial Commitments. The City shall maintain its financial capability to carry out its responsibilities as contemplated by this Agreement along with the terms of any executed Purchase and Sale Agreement, and shall notify the Developer of any event, condition, occurrence, or change in its financial condition which adversely affects, or with the passage of time is likely to adversely affect, the City’s financial capability to carry out its responsibilities contemplated hereby. With respect to the public funds of the CRA and the City that shall be contributed for the success of the Project, the Parking Contribution and any other funds obligated herein shall be deposited into an escrow account for the benefit of Developer to directly pay Developer expenses (such as the CRA’s payment of impact fees and connection fees) or be applied to the Purchase Price at Closing as provided for in the Purchase and Sale Agreement. ARTICLE XI DEVELOPER’S REPRESENTATIONS AND WARRANTIES Section 11.01 Developer Representations.Each Developer hereby represents, warrants, and covenants to the City as follows: (a)The Developer has all requisite power and authority, has taken all actions required by its organizational documents and applicable law, and has obtained all necessary 22 consents, to execute and sign this agreement. This Agreement has been duly authorized and properly executed and delivered and constitutes the valid and binding obligations of Developer, enforceable in accordance with its terms, subject to principles of equity, bankruptcy, insolvency, and other laws generally affecting creditors' rights and the enforcement of debtors' obligations. (b)The Developer is qualified and has the skill and professional competence, expertise, and experience to undertake the obligations imposed, and to perform the Services contemplated, by this agreement and the requirements of a project of the magnitude and scope of the Project. (c)The Developer and is contractors hold and will at all times during the term of this Agreement maintain all licenses, permits, or other certifications necessary to comply with the Agreement. (d)The Developer will be solely responsible for evaluating its responsibility and liability, if any, under Florida Statute 448.095. ARTICLE XII MISCELLANEOUS Section 12.01 Statutory Development Agreement Requirements. Pursuant to the requirements of the Florida Local Government Development Agreement Act, Sections 163.3220 –163.3243, Florida Statutes, are incorporated herein. Accordingly, the failure of the Agreement to address a particular permit, condition, term, or restriction shall not relieve the Developer of the necessity of complying with the law governing said permitting requirments, conditions, term, or restriction. Subsequently adopted ordinances and codes of the City which are of general application not governing the development of land shall be applicable to the lands subject to this Agreement. Section 12.02 Notices.Unless specifically stated otherwise in this Agreement, all notices, waivers, and demands required or permitted under this Agreement shall be in writing and delivered to all other parties at the addresses below, both by certified or registered U.S. Mail, and by electronic transmission (facsimile or e-mail). Where time is of the essence, delivery shall be considered complete forty-eight (48) hours after sending the electronic transmission. To City:Name: Gina Clayton, Community Development Coordinator Address: 100 S. Myrtle Ave., Clearwater, FL 33756 Telephone: 727-562-4587 Email: gina.clayton@myclearwater.com with a copy to:Name: David Margolis, City Attorney Address: 600 Cleveland Street, Ste 600 23 Clearwater, FL 33755 Telephone: (727) 562-4010 Email: David.Margolis@MyClearwater.com To Developer:Name: Bryan Kelly Gotham Property Acquisitions, LLC Address: 432 Park Ave South, 2nd Floor, New York, NY 10016 Telephone: (212) 599-0520 Email: bkelly@gothamorg.com To Developer Name: Dustin J. DeNunzio The DeNunzio Group, LLC Address: 3060 Alternate 19 North, Palm Harbor, FL 34683 Telephone: (727)259-7160 Email: djd@thedenunziogroup.com With a copy to:Name: Katherine E. Cole, Esq. Hill Ward Henderson Address: 600 Cleveland Street, Ste. 800 Clearwater, FL 33755 Telephone: (727) 259-6791 Facsimile: (727) 724-2900 Email: katie.cole@hwhlaw.com Any party shall change its address for purposes of this Section 12.01 by giving written notice as provided in this Section 12.01.All notices and demands delivered by a party's attorney on a party's behalf shall be deemed to have been delivered by said party. Notices shall be valid only if served in the manner provided in this Section 12.01. Section 12.03 Governing Law.This Agreement shall be governed and construed in accordance with the laws of the State of Florida, without giving effect to any choice or conflict of law provision or rule that would cause the application of laws of any jurisdiction other than those of the State of Florida. Section 12.04 Attorneys' Fees. Each party to this development agreement shall be responsible for all legal fees and costs it incurs in connection with the preparation, review, and negotiation of this agreement, and any pursuit or defense of any claim relating to this agreement. Section 12.05 Submission to Jurisdiction and Venue.The parties hereby agree that any suit, action, or proceeding seeking to enforce any provision of, or based on any matter arising out of, relating to, or in connection with, this development agreement or the 24 transactions contemplated hereby, whether in contract, tort, or otherwise, shall be brought in the state court located within Pinellas County, Florida, and that any cause of action arising out of this Agreement shall be deemed to have arisen from a transaction of business in the State of Florida. Each of the parties hereby irrevocably consents to the jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action, or proceeding and irrevocably waives, to the fullest extent permitted by law, any objection that it may now or hereafter have to the laying of the venue of any such suit, action, or proceeding in any such court or that any such suit, action, or proceeding that is brought in any such court has been brought in an inconvenient forum. Section 12.06 Interpretation and Construction. (a)Drafting Party. The Parties acknowledge that, in connection with negotiating and executing this agreement, each has had its own counsel and advisors and that each has reviewed and participated in drafting this agreement. The fact that this agreement was prepared by any Party’s counsel as a matter of convenience shall have no import or significance to the construction of this agreement. Any rule of construction that requires any ambiguities to be interpreted against the drafter shall not be employed in the interpretation of: (i) this agreement; (ii) any exhibits to this agreement; or (iii) any document drafted or delivered in connection with the transactions contemplated by this agreement. (b)Headings. Any captions or headings used in this agreement are for convenience only and do not define or limit the scope of this agreement. (c)Pronouns and singular usage. The singular of any term, including any defined term, shall include the plural and the plural of any term shall include the singular. The use of any pronoun regarding gender shall include the neutral, masculine, feminine, and plural. Section 12.07 Severability. If any term or provision of this agreement is determined to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this agreement or invalidate or render unenforceable any other term or provision. Section 12.08 Estoppel Certificates. Within twenty (20) days after request in writing by any Party or lender, the other Party will furnish a written statement in form and substance reasonably acceptable to the requesting Party, duly acknowledging the fact that (a) this Development Agreement is in full force and effect, (b) there are no uncured defaults hereunder by the City or a Developer, if that be the case, and (c) additional information concerning such other matters as reasonably requested. In the event that either Party shall fail to deliver such estoppel certificate within such twenty (20) day period, the requesting Party shall forward such request directly to the City Manager and the City Attorney or to the Developer with copies to the Developer’s counsel by certified mail, return receipt requested or by Federal Express or other courier service requiring signature. In the case where a Developer is the requesting Party, the Developer may, in its sole discretion but without obligation, appear at a public meeting and request the estoppel certificate to insure 25 that the City Manager and staff are aware of the request and the Developer may rely on the statement of the City Manager at such public meeting or may request that the City Manager be directed by the City Council to respond to the estoppel certificate request in a timely manner. Section 12.09 Entire Agreement.The Parties’ entire agreement is encompassed within this development agreement, a separate purchase-sale agreement for the Property, any separate license agreements agreeable to the Parties, and the exhibits to each of those agreements, and any resolution, ordinance, or action approved by the City in furtherance of the provisions herein. Together, those documents constitute the sole and entire agreement of The Parties, notwithstanding any prior statements or representations, whether written or oral. Section 12.10 Waiver.No waiver by any party of any of the provisions hereof shall be effective unless explicitly set out in writing and signed by the party so waiving. No waiver by any party shall operate or be construed as a waiver in respect of any failure, breach, or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege. Section 12.11 Days; Performance on a Saturday, Sunday, or Holiday. Whenever the term "day" is used in this agreement, it shall refer to a calendar day unless otherwise specified. A "business day" shall mean any weekday except for holidays on which the City is closed for normal business. Should this agreement require an act to be performed or a notice to be given on a Saturday, Sunday, or City holiday, the act shall be performed or notice given on the following business day. Section 12.12 Further Assurances.Each party agrees to do such things, perform such acts, and make, execute, acknowledge, and deliver such documents as may be reasonably necessary and customary to carry out the intent and purposes of this Agreement, so long as any of the foregoing do not materially increase any party's obligations hereunder or materially decrease any party's rights hereunder. Section 12.13 Counterparts.This agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. Section 12.14 Exculpation. Notwithstanding anything to the contrary, in no event shall the partners, officers, directors, employees, affiliates or subsidiaries of the Developers have any liability whatsoever pursuant to this Agreement and, subject to Section 9.02, the City agrees to look solely to Developers and subsequent Property owners in connection with the remedies provided for in this agreement. 26 [SIGNATURE PAGE FOLLOWS] 27 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date set forth above. Countersigned:CITY OF CLEARWATER, FLORIDA ___________________________By: ______________________ Frank Hibbard Jon Jennings Mayor City Manager Approved as to form:Attest: ________________________________________________________ David Margolis Rosemarie Call City Attorney City Clerk 28 SIGNATURE PAGE TO DEVELOPMENT AGREEMENT DEVELOPER: GOTHAM PROPERTY ACQUISITIONS, LLC a New York limited liability company By: ________________________________ Bryan Kelly Its: ________________________________ STATE OF ) COUNTY OF ) The foregoing instrument was acknowledged before me by means of ☐physical presence or ☐online notarization, this _____ day of ______________, 2022 by Bryan Kelly, as _______________ of GOTHAM PROPERTY ACQUISITIONS, LLC, a New York limited liability company, on behalf of the said company, who is ☐personally known to me or ☐has produced a valid driver’s license as identification. [Notary Seal]Notary Public Print Name: My Commission Expires: 29 17111172v217111172v217111172v2 SIGNATURE PAGE TO DEVELOPMENT AGREEMENT THE DENUNZIO GROUP, LLC, a Florida limited liability company By: _________________________________ Dustin J. DeNunzio Its: _________________________________ STATE OF FLORIDA) COUNTY OF PINELLAS) The foregoing instrument was acknowledged before me by means of ☐physical presence or ☐online notarization, this _____ day of ______________, 2022 by Dustin J. DeNunzio, as _______________ of THE DENUNZIO GROUP, LLC, a Florida limited liability company, on behalf of the said company, who is ☐personally known to me or ☐has produced a valid driver’s license as identification. [Notary Seal]Notary Public Print Name: My Commission Expires: Attachments: Exhibit A: City Hall Site Legal Description Exhibit B: Harborview Site Legal Description Exhibit C: Concept Plan Exhibit D: Main Library Lot Exhibit E: Public Realm Improvements Exhibit George F. Young, Inc. ’ ’ ’ ” ’ ” ’ ” ’ ” ’ ” ’ ” Exhibit "A" - Old City Hall Site George F. Young, Inc. George F. Young, Inc. Exhibit "B" - Harborview Site George F. Young, Inc. BeharPeteranecz ARCHITECTURE / INTERIORS This drawing and the contents herein are the property of Behar & Peteranecz, Inc. and may not be used or reproduced without written permission from Behar & Peteranecz, Inc. © 2022 SITE PLAN SCALE : nts 001 29 JUNE 2022 THE BLUFFS CLEARWATER, FLORIDA (727) 800-5300 | ARCITECTUREBP.COM | AA26001704 IB26001704 ARTISTIC REPRESENTATION, FOR ILLUSTRATIVE PURPOSES ONLY. SITE AERIAL VIEW AERIAL VIEW Exhibit "C" - Concept Plans BeharPeteranecz ARCHITECTURE / INTERIORS This drawing and the contents herein are the property of Behar & Peteranecz, Inc. and may not be used or reproduced without written permission from Behar & Peteranecz, Inc. © 2022 SITE PLAN SCALE : nts 002 29 JUNE 2022 THE BLUFFS CLEARWATER, FLORIDA (727) 800-5300 | ARCITECTUREBP.COM | AA26001704 IB26001704 ARTISTIC REPRESENTATION, FOR ILLUSTRATIVE PURPOSES ONLY. SOUTHERLY DEVELOPMENT PARCEL 11026963333349857777PARKINGENTRANCESERVICE &LOADING5211PEDESTRIANACCESS TOPARK777747PIERCE STREETOSCEOLA STREETPROPERTYLINEDROP OFFPRIVATE AMENITY TERRACEOUTDOOR DININGPRESERVED EXISTING TREESSERVICE DRIVE/ACCESSACCESSIBLE PEDESTRIAN WALKPLANTERS WITH INTEGRATED SEATINGLANDSCAPE BUFFERTERRACED LANDSCAPE / SEATING WALLSGREEN ROOFPOOL1LEGEND234567891011N SITE PLAN S co co S D ONLY EVPARKING ONLY EVPARKING ONLY EVPARKING ONLY EVPARKING ONLY EVPARKING PROPERTY LINE PL DRIVEWAY /DROP-OFF LINE OF CANOPY ABOVEPROPERTY LINEEXISTINGTREES TO REMAIN LINE OF CANOPYABOVE LINE OF TOWER BALCONY ABOVE LINE OF TOWER BALCONY ABOVE SERVICE BELOWLINE OF GARAGE BELOWGARAGE ENTRY RAISED RESIDENTIAL AMENITY TERRACE LINE OF GARAGE BELOW PUBLIC PLAZA S OSCEOLAAVE PIERCE ST PL LINE OF GARAGE COMMERCIAL/ RETAIL / F&B COMMERCIAL / RETAIL / F&B COMMERCIAL / RETAIL/RESIDENTIAL AMENITY COMMER-CIAL / RETAIL / F&B BOH LOBBY BeharPeteranecz ARCHITECTURE / INTERIORS This drawing and the contents herein are the property of Behar & Peteranecz, Inc. and may not be used or reproduced without written permission from Behar & Peteranecz, Inc. © 2022 SITE PLAN SCALE : nts 003 29 JUNE 2022 THE BLUFFS CLEARWATER, FLORIDA (727) 800-5300 | ARCITECTUREBP.COM | AA26001704 IB26001704 ARTISTIC REPRESENTATION, FOR ILLUSTRATIVE PURPOSES ONLY.PROPERTY LINEPROPERTY LINELEVEL 3LEVEL 4LEVEL 5LEVEL 6LEVEL 7LEVEL 8LEVEL 9LEVEL 10LEVEL 11LEVEL 12LEVEL 13LEVEL 14LEVEL 15LEVEL 16LEVEL 17LEVEL 18LEVEL 19LEVEL 20LEVEL 21LEVEL 22LEVEL 23LEVEL 24LEVEL 25LEVEL 26LEVEL 27ROOF LEVEL RESIDENTIALCOMMERCIALLOBBIES &AMENITIES BELOW GRADEPARKINGGARAGE289'-0"MEAN GRADE LEVEL 2 PROPERTY LINEPROPERTY LINEPROPERTY LINEPROPERTY LINELEVEL 3 LEVEL 4 LEVEL 5 LEVEL 6 LEVEL 7 LEVEL 8 LEVEL 9 LEVEL 10 LEVEL 11 LEVEL 12 LEVEL 13 LEVEL 14 LEVEL 15 LEVEL 16 LEVEL 17 LEVEL 18 LEVEL 19 LEVEL 20 LEVEL 21 LEVEL 22 LEVEL 23 LEVEL 24 LEVEL 25 LEVEL 26 LEVEL 27 ROOF LEVEL RESIDENTIAL COMMERCIALLOBBIES &AMENITIES BELOW GRADEPARKINGGARAGE289'-0"MEAN GRADE LEVEL 2 PROPERTY LINEPROPERTY LINEELEVATIONS EAST ELEVATION WEST ELEVATION LEVEL 3 LEVEL 4 LEVEL 5 LEVEL 6 LEVEL 7 LEVEL 8 LEVEL 9 LEVEL 10 LEVEL 11 LEVEL 12 LEVEL 13 MEAN GRADE LEVEL 2 ROOF LEVEL 157'-0" NORTH BLDG53'-0"SOUTH BLDGLEVEL 3 LEVEL 4 LEVEL 5 LEVEL 6 LEVEL 7 LEVEL 8 LEVEL 9 LEVEL 10 LEVEL 11 LEVEL 12 LEVEL 13 MEAN GRADE LEVEL 2 ROOF LEVEL 157'-0" NORTH BLDG53'-0"SOUTH BLDGLEVEL 3 LEVEL 4 LEVEL 5 LEVEL 6 LEVEL 7 LEVEL 8 LEVEL 9 LEVEL 10 LEVEL 11 LEVEL 12 LEVEL 13 MEAN GRADE LEVEL 2 ROOF LEVEL 157'-0" NORTH BLDG53'-0"SOUTH BLDGLEVEL 3 LEVEL 4 LEVEL 5 LEVEL 6 LEVEL 7 LEVEL 8 LEVEL 9 LEVEL 10 LEVEL 11 LEVEL 12 LEVEL 13 MEAN GRADE LEVEL 2 ROOF LEVEL 157'-0" NORTH BLDG53'-0"SOUTH BLDGPAINTED STUCCO FINISH ACCENT GREY COLOR WOOD TONE PANELS GLASS GLASS PAINTED STUCCO FINISH MATERIAL LEGEND MATERIAL LEGEND SOUTHERLY DEVELOPMENT PARCEL BeharPeteranecz ARCHITECTURE / INTERIORS This drawing and the contents herein are the property of Behar & Peteranecz, Inc. and may not be used or reproduced without written permission from Behar & Peteranecz, Inc. © 2022 SITE PLAN SCALE : nts 004 29 JUNE 2022 THE BLUFFS CLEARWATER, FLORIDA (727) 800-5300 | ARCITECTUREBP.COM | AA26001704 IB26001704 ARTISTIC REPRESENTATION, FOR ILLUSTRATIVE PURPOSES ONLY.PROPERTY LINEPROPERTY LINE289'-0"271'-0" TO ROOF DECK PLUS 22'-0" TOP OF MECHANICAL AND ROOF EMBILLISHMENT = 293'-0"PROPERTY LINEPROPERTY LINE289'-0"ADJACENT WATER'S EDGE CONDOMINIUM ELEVATIONS EAST ELEVATION SOUTHERLY DEVELOPMENT PARCEL BeharPeteranecz ARCHITECTURE / INTERIORS This drawing and the contents herein are the property of Behar & Peteranecz, Inc. and may not be used or reproduced without written permission from Behar & Peteranecz, Inc. © 2022 SITE PLAN SCALE : nts 005 29 JUNE 2022 THE BLUFFS CLEARWATER, FLORIDA (727) 800-5300 | ARCITECTUREBP.COM | AA26001704 IB26001704 ARTISTIC REPRESENTATION, FOR ILLUSTRATIVE PURPOSES ONLY.PROPERTY LINEPROPERTY LINEPROPERTY LINEPROPERTY LINELEVEL 3 LEVEL 4 LEVEL 5 LEVEL 6 LEVEL 7 LEVEL 8 LEVEL 9 LEVEL 10 LEVEL 11 LEVEL 12 LEVEL 13 LEVEL 14 LEVEL 15 LEVEL 16 LEVEL 17 LEVEL 18 LEVEL 19 LEVEL 20 LEVEL 21 LEVEL 22 LEVEL 23 LEVEL 24 LEVEL 25 LEVEL 26 LEVEL 27 ROOF LEVEL RESIDENTIAL COMMERCIAL LOBBIES & AMENITIES BELOW GRADE PARKING GARAGE289'-0"MEAN GRADE LEVEL 2 LEVEL 3 LEVEL 4 LEVEL 5 LEVEL 6 LEVEL 7 LEVEL 8 LEVEL 9 LEVEL 10 LEVEL 11 LEVEL 12 LEVEL 13 LEVEL 14 LEVEL 15 LEVEL 16 LEVEL 17 LEVEL 18 LEVEL 19 LEVEL 20 LEVEL 21 LEVEL 22 LEVEL 23 LEVEL 24 LEVEL 25 LEVEL 26 LEVEL 27 ROOF LEVEL RESIDENTIAL COMMERCIALLOBBIES &AMENITIES BELOW GRADEPARKINGGARAGE289'-0"MEAN GRADE LEVEL 2 ELEVATIONS LEVEL 3 LEVEL 4 LEVEL 5 LEVEL 6 LEVEL 7 LEVEL 8 LEVEL 9 LEVEL 10 LEVEL 11 LEVEL 12 LEVEL 13 MEAN GRADE LEVEL 2 ROOF LEVEL 157'-0" NORTH BLDG53'-0"SOUTH BLDGLEVEL 3 LEVEL 4 LEVEL 5 LEVEL 6 LEVEL 7 LEVEL 8 LEVEL 9 LEVEL 10 LEVEL 11 LEVEL 12 LEVEL 13 MEAN GRADE LEVEL 2 ROOF LEVEL 157'-0" NORTH BLDG53'-0"SOUTH BLDGLEVEL 3 LEVEL 4 LEVEL 5 LEVEL 6 LEVEL 7 LEVEL 8 LEVEL 9 LEVEL 10 LEVEL 11 LEVEL 12 LEVEL 13 MEAN GRADE LEVEL 2 ROOF LEVEL 157'-0" NORTH BLDG53'-0"SOUTH BLDGLEVEL 3 LEVEL 4 LEVEL 5 LEVEL 6 LEVEL 7 LEVEL 8 LEVEL 9 LEVEL 10 LEVEL 11 LEVEL 12 LEVEL 13 MEAN GRADE LEVEL 2 ROOF LEVEL 157'-0" NORTH BLDG53'-0"SOUTH BLDGPAINTED STUCCO FINISH ACCENT GREY COLOR WOOD TONE PANELS GLASS GLASS PAINTED STUCCO FINISH MATERIAL LEGEND MATERIAL LEGEND SOUTH ELEVATION SOUTHERLY DEVELOPMENT PARCEL BeharPeteranecz ARCHITECTURE / INTERIORS This drawing and the contents herein are the property of Behar & Peteranecz, Inc. and may not be used or reproduced without written permission from Behar & Peteranecz, Inc. © 2022 SITE PLAN SCALE : nts 006 29 JUNE 2022 THE BLUFFS CLEARWATER, FLORIDA (727) 800-5300 | ARCITECTUREBP.COM | AA26001704 IB26001704 ARTISTIC REPRESENTATION, FOR ILLUSTRATIVE PURPOSES ONLY.PROPERTY LINEPROPERTY LINEPROPERTY LINEPROPERTY LINELEVEL 3 LEVEL 4 LEVEL 5 LEVEL 6 LEVEL 7 LEVEL 8 LEVEL 9 LEVEL 10 LEVEL 11 LEVEL 12 LEVEL 13 LEVEL 14 LEVEL 15 LEVEL 16 LEVEL 17 LEVEL 18 LEVEL 19 LEVEL 20 LEVEL 21 LEVEL 22 LEVEL 23 LEVEL 24 LEVEL 25 LEVEL 26 LEVEL 27 ROOF LEVEL RESIDENTIAL COMMERCIALLOBBIES &AMENITIES BELOW GRADEPARKINGGARAGE289'-0"MEAN GRADE LEVEL 2 LEVEL 3LEVEL 4LEVEL 5LEVEL 6LEVEL 7LEVEL 8LEVEL 9LEVEL 10LEVEL 11LEVEL 12LEVEL 13LEVEL 14LEVEL 15LEVEL 16LEVEL 17LEVEL 18LEVEL 19LEVEL 20LEVEL 21LEVEL 22LEVEL 23LEVEL 24LEVEL 25LEVEL 26LEVEL 27ROOF LEVEL RESIDENTIALCOMMERCIALLOBBIES &AMENITIESBELOW GRADEPARKINGGARAGE289'-0"MEAN GRADELEVEL 2PROPERTY LINEPROPERTY LINEPROPERTY LINEPROPERTY LINELEVEL 3 LEVEL 4 LEVEL 5 LEVEL 6 LEVEL 7 LEVEL 8 LEVEL 9 LEVEL 10 LEVEL 11 LEVEL 12 LEVEL 13 LEVEL 14 LEVEL 15 LEVEL 16 LEVEL 17 LEVEL 18 LEVEL 19 LEVEL 20 LEVEL 21 LEVEL 22 LEVEL 23 LEVEL 24 LEVEL 25 LEVEL 26 LEVEL 27 ROOF LEVEL RESIDENTIAL COMMERCIALLOBBIES &AMENITIES BELOW GRADEPARKINGGARAGE289'-0"MEAN GRADE LEVEL 2 LEVEL 3LEVEL 4LEVEL 5LEVEL 6LEVEL 7LEVEL 8LEVEL 9LEVEL 10LEVEL 11LEVEL 12LEVEL 13LEVEL 14LEVEL 15LEVEL 16LEVEL 17LEVEL 18LEVEL 19LEVEL 20LEVEL 21LEVEL 22LEVEL 23LEVEL 24LEVEL 25LEVEL 26LEVEL 27ROOF LEVEL RESIDENTIALCOMMERCIALLOBBIES &AMENITIESBELOW GRADEPARKINGGARAGE289'-0"MEAN GRADELEVEL 2 ELEVATIONS LEVEL 3 LEVEL 4 LEVEL 5 LEVEL 6 LEVEL 7 LEVEL 8 LEVEL 9 LEVEL 10 LEVEL 11 LEVEL 12 LEVEL 13 MEAN GRADE LEVEL 2 ROOF LEVEL 157'-0" NORTH BLDG53'-0"SOUTH BLDGLEVEL 3 LEVEL 4 LEVEL 5 LEVEL 6 LEVEL 7 LEVEL 8 LEVEL 9 LEVEL 10 LEVEL 11 LEVEL 12 LEVEL 13 MEAN GRADE LEVEL 2 ROOF LEVEL 157'-0" NORTH BLDG53'-0"SOUTH BLDGLEVEL 3 LEVEL 4 LEVEL 5 LEVEL 6 LEVEL 7 LEVEL 8 LEVEL 9 LEVEL 10 LEVEL 11 LEVEL 12 LEVEL 13 MEAN GRADE LEVEL 2 ROOF LEVEL 157'-0" NORTH BLDG53'-0"SOUTH BLDGLEVEL 3 LEVEL 4 LEVEL 5 LEVEL 6 LEVEL 7 LEVEL 8 LEVEL 9 LEVEL 10 LEVEL 11 LEVEL 12 LEVEL 13 MEAN GRADE LEVEL 2 ROOF LEVEL 157'-0" NORTH BLDG53'-0"SOUTH BLDGPAINTED STUCCO FINISH ACCENT GREY COLOR WOOD TONE PANELS GLASS GLASS PAINTED STUCCO FINISH MATERIAL LEGEND MATERIAL LEGEND NORTH ELEVATION SOUTHERLY DEVELOPMENT PARCEL BeharPeteranecz ARCHITECTURE / INTERIORS This drawing and the contents herein are the property of Behar & Peteranecz, Inc. and may not be used or reproduced without written permission from Behar & Peteranecz, Inc. © 2022 SITE PLAN SCALE : nts 007 29 JUNE 2022 THE BLUFFS CLEARWATER, FLORIDA (727) 800-5300 | ARCITECTUREBP.COM | AA26001704 IB26001704 ARTISTIC REPRESENTATION, FOR ILLUSTRATIVE PURPOSES ONLY. SITE PLAN HOTEL LOBBY SERVICESTRASH LOADINGVALETRAMP TOPARKING LINE OFBUILDINGABOVE HOTELENTRY LINE OF CANOPY ABOVE LAWN TO2ND LEVELLINE OFCANOPYABOVE PLAZA BETWEEN BUILDINGS APPROX. 15' HOTELTOWER SETBACK PARKENTRANCEBUS PARKINGSHORT TERM PARKINGLIBRARYENTRANCE LINE OFHOTELABOVE S OSCEOLAAVE COMMERCIAL / RETAIL/ F&B COMMERCIAL / RETAIL / F&B COMMERCIAL / RETAIL / F&B 11026963333349857777PARKINGENTRANCESERVICE &LOADING5211PEDESTRIANACCESS TOPARK777747PIERCE STREETOSCEOLA STREETPROPERTYLINEDROP OFFPRIVATE AMENITY TERRACEOUTDOOR DININGPRESERVED EXISTING TREESSERVICE DRIVE/ACCESSACCESSIBLE PEDESTRIAN WALKPLANTERS WITH INTEGRATED SEATINGLANDSCAPE BUFFERTERRACED LANDSCAPE / SEATING WALLSGREEN ROOFPOOL1LEGEND234567891011NNORTHERLY DEVELOPMENT PARCEL BeharPeteranecz ARCHITECTURE / INTERIORS This drawing and the contents herein are the property of Behar & Peteranecz, Inc. and may not be used or reproduced without written permission from Behar & Peteranecz, Inc. © 2022 SITE PLAN SCALE : nts 008 29 JUNE 2022 THE BLUFFS CLEARWATER, FLORIDA (727) 800-5300 | ARCITECTUREBP.COM | AA26001704 IB26001704 ARTISTIC REPRESENTATION, FOR ILLUSTRATIVE PURPOSES ONLY. LEVEL 3 LEVEL 4 LEVEL 5 LEVEL 6 LEVEL 7 LEVEL 8 LEVEL 9 LEVEL 10 LEVEL 11 LEVEL 12 LEVEL 13 MEAN GRADE LEVEL 2 ROOF LEVEL 157'-0" NORTH BLDG53'-0"SOUTH BLDGLEVEL 3 LEVEL 4 LEVEL 5 LEVEL 6 LEVEL 7 LEVEL 8 LEVEL 9 LEVEL 10 LEVEL 11 LEVEL 12 LEVEL 13 MEAN GRADE LEVEL 2 ROOF LEVEL 157'-0" NORTH BLDG53'-0"SOUTH BLDGLEVEL 3 LEVEL 4 LEVEL 5 LEVEL 6 LEVEL 7 LEVEL 8 LEVEL 9 LEVEL 10 LEVEL 11 LEVEL 12 LEVEL 13 MEAN GRADE LEVEL 2 ROOF LEVEL 157'-0" NORTH BLDG53'-0"SOUTH BLDGLEVEL 3 LEVEL 4 LEVEL 5 LEVEL 6 LEVEL 7 LEVEL 8 LEVEL 9 LEVEL 10 LEVEL 11 LEVEL 12 LEVEL 13 MEAN GRADE LEVEL 2 ROOF LEVEL 157'-0" NORTH BLDG53'-0"SOUTH BLDGPAINTED STUCCO FINISH ACCENT GREY COLOR WOOD TONE PANELS GLASS GLASS PAINTED STUCCO FINISH MATERIAL LEGEND MATERIAL LEGEND LEVEL 3 LEVEL 4 LEVEL 5 LEVEL 6 LEVEL 7 LEVEL 8 LEVEL 9 LEVEL 10 LEVEL 11 LEVEL 12 LEVEL 13 MEAN GRADE LEVEL 2 ROOF LEVEL 157'-0" NORTH BLDG53'-0"SOUTH BLDGLEVEL 3 LEVEL 4 LEVEL 5 LEVEL 6 LEVEL 7 LEVEL 8 LEVEL 9 LEVEL 10 LEVEL 11 LEVEL 12 LEVEL 13 MEAN GRADE LEVEL 2 ROOF LEVEL 157'-0" NORTH BLDG53'-0"SOUTH BLDGLEVEL 3 LEVEL 4 LEVEL 5 LEVEL 6 LEVEL 7 LEVEL 8 LEVEL 9 LEVEL 10 LEVEL 11 LEVEL 12 LEVEL 13 MEAN GRADE LEVEL 2 ROOF LEVEL 157'-0" NORTH BLDG53'-0"SOUTH BLDGLEVEL 3 LEVEL 4 LEVEL 5 LEVEL 6 LEVEL 7 LEVEL 8 LEVEL 9 LEVEL 10 LEVEL 11 LEVEL 12 LEVEL 13 MEAN GRADE LEVEL 2 ROOF LEVEL 157'-0" NORTH BLDG53'-0"SOUTH BLDGPAINTED STUCCO FINISH ACCENT GREY COLOR WOOD TONE PANELS GLASS GLASS PAINTED STUCCO FINISH MATERIAL LEGEND MATERIAL LEGEND LEVEL 3LEVEL 4LEVEL 5LEVEL 6LEVEL 7LEVEL 8LEVEL 9LEVEL 10LEVEL 11LEVEL 12LEVEL 13MEAN GRADELEVEL 2ROOF LEVEL157'-0" NORTH BLDG53'-0"SOUTH BLDGLEVEL 3LEVEL 4LEVEL 5LEVEL 6LEVEL 7LEVEL 8LEVEL 9LEVEL 10LEVEL 11LEVEL 12LEVEL 13 MEAN GRADE LEVEL 2 ROOF LEVEL157'-0" NORTH BLDG53'-0"SOUTH BLDGLEVEL 3 LEVEL 4 LEVEL 5 LEVEL 6 LEVEL 7 LEVEL 8 LEVEL 9 LEVEL 10 LEVEL 11 LEVEL 12 LEVEL 13 MEAN GRADE LEVEL 2 ROOF LEVEL 157'-0" NORTH BLDG53'-0"SOUTH BLDGLEVEL 3 LEVEL 4 LEVEL 5 LEVEL 6 LEVEL 7 LEVEL 8 LEVEL 9 LEVEL 10 LEVEL 11 LEVEL 12 LEVEL 13 MEAN GRADE LEVEL 2 ROOF LEVEL 157'-0" NORTH BLDG53'-0"SOUTH BLDGPAINTED STUCCO FINISH ACCENT GREY COLOR WOOD TONE PANELS GLASS GLASS PAINTED STUCCO FINISH MATERIAL LEGEND MATERIAL LEGEND ELEVATIONS LEVEL 3LEVEL 4LEVEL 5LEVEL 6LEVEL 7LEVEL 8LEVEL 9LEVEL 10LEVEL 11LEVEL 12LEVEL 13MEAN GRADELEVEL 2ROOF LEVEL157'-0" NORTH BLDG53'-0"SOUTH BLDGLEVEL 3LEVEL 4LEVEL 5LEVEL 6LEVEL 7LEVEL 8LEVEL 9LEVEL 10LEVEL 11LEVEL 12LEVEL 13 MEAN GRADE LEVEL 2 ROOF LEVEL157'-0" NORTH BLDG53'-0"SOUTH BLDGLEVEL 3 LEVEL 4 LEVEL 5 LEVEL 6 LEVEL 7 LEVEL 8 LEVEL 9 LEVEL 10 LEVEL 11 LEVEL 12 LEVEL 13 MEAN GRADE LEVEL 2 ROOF LEVEL 157'-0" NORTH BLDG53'-0"SOUTH BLDGLEVEL 3 LEVEL 4 LEVEL 5 LEVEL 6 LEVEL 7 LEVEL 8 LEVEL 9 LEVEL 10 LEVEL 11 LEVEL 12 LEVEL 13 MEAN GRADE LEVEL 2 ROOF LEVEL 157'-0" NORTH BLDG53'-0"SOUTH BLDGPAINTED STUCCO FINISH ACCENT GREY COLOR WOOD TONE PANELS GLASS GLASS PAINTED STUCCO FINISH MATERIAL LEGEND MATERIAL LEGEND EAST ELEVATION WEST ELEVATION NORTH ELEVATION SOUTH ELEVATION NORTHERLY DEVELOPMENT PARCEL BeharPeteranecz ARCHITECTURE / INTERIORS This drawing and the contents herein are the property of Behar & Peteranecz, Inc. and may not be used or reproduced without written permission from Behar & Peteranecz, Inc. © 2022 SITE PLAN SCALE : nts 009 29 JUNE 2022 THE BLUFFS CLEARWATER, FLORIDA (727) 800-5300 | ARCITECTUREBP.COM | AA26001704 IB26001704 ARTISTIC REPRESENTATION, FOR ILLUSTRATIVE PURPOSES ONLY. CONCEPTUAL RENDERINGS VIEW FROM PARK BeharPeteranecz ARCHITECTURE / INTERIORS This drawing and the contents herein are the property of Behar & Peteranecz, Inc. and may not be used or reproduced without written permission from Behar & Peteranecz, Inc. © 2022 SITE PLAN SCALE : nts 0010 29 JUNE 2022 THE BLUFFS CLEARWATER, FLORIDA (727) 800-5300 | ARCITECTUREBP.COM | AA26001704 IB26001704 ARTISTIC REPRESENTATION, FOR ILLUSTRATIVE PURPOSES ONLY. VIEW FROM S OCEOLA AVE SOUTHERLY DEVELOPMENT PARCEL BeharPeteranecz ARCHITECTURE / INTERIORS This drawing and the contents herein are the property of Behar & Peteranecz, Inc. and may not be used or reproduced without written permission from Behar & Peteranecz, Inc. © 2022 SITE PLAN SCALE : nts 0011 29 JUNE 2022 THE BLUFFS CLEARWATER, FLORIDA (727) 800-5300 | ARCITECTUREBP.COM | AA26001704 IB26001704 ARTISTIC REPRESENTATION, FOR ILLUSTRATIVE PURPOSES ONLY. STREET VIEW FROM S OCEOLA AVE SOUTHERLY DEVELOPMENT PARCEL BeharPeteranecz ARCHITECTURE / INTERIORS This drawing and the contents herein are the property of Behar & Peteranecz, Inc. and may not be used or reproduced without written permission from Behar & Peteranecz, Inc. © 2022 SITE PLAN SCALE : nts 0012 29 JUNE 2022 THE BLUFFS CLEARWATER, FLORIDA (727) 800-5300 | ARCITECTUREBP.COM | AA26001704 IB26001704 ARTISTIC REPRESENTATION, FOR ILLUSTRATIVE PURPOSES ONLY. PUBLIC PLAZA FROM S OCEOLA AVE SOUTHERLY DEVELOPMENT PARCEL BeharPeteranecz ARCHITECTURE / INTERIORS This drawing and the contents herein are the property of Behar & Peteranecz, Inc. and may not be used or reproduced without written permission from Behar & Peteranecz, Inc. © 2022 SITE PLAN SCALE : nts 0013 29 JUNE 2022 THE BLUFFS CLEARWATER, FLORIDA (727) 800-5300 | ARCITECTUREBP.COM | AA26001704 IB26001704 ARTISTIC REPRESENTATION, FOR ILLUSTRATIVE PURPOSES ONLY. VIEW FROM S OCEOLA AVE NORTHERLY DEVELOPMENT PARCEL BeharPeteranecz ARCHITECTURE / INTERIORS This drawing and the contents herein are the property of Behar & Peteranecz, Inc. and may not be used or reproduced without written permission from Behar & Peteranecz, Inc. © 2022 SITE PLAN SCALE : nts 0014 29 JUNE 2022 THE BLUFFS CLEARWATER, FLORIDA (727) 800-5300 | ARCITECTUREBP.COM | AA26001704 IB26001704 ARTISTIC REPRESENTATION, FOR ILLUSTRATIVE PURPOSES ONLY. VIEW FROM PARK NORTHERLY DEVELOPMENT PARCEL BeharPeteranecz ARCHITECTURE / INTERIORS This drawing and the contents herein are the property of Behar & Peteranecz, Inc. and may not be used or reproduced without written permission from Behar & Peteranecz, Inc. © 2022 SITE PLAN SCALE : nts 0015 29 JUNE 2022 THE BLUFFS CLEARWATER, FLORIDA (727) 800-5300 | ARCITECTUREBP.COM | AA26001704 IB26001704 ARTISTIC REPRESENTATION, FOR ILLUSTRATIVE PURPOSES ONLY. VIEW OF PLAZA NORTHERLY DEVELOPMENT PARCEL BeharPeteranecz ARCHITECTURE / INTERIORS This drawing and the contents herein are the property of Behar & Peteranecz, Inc. and may not be used or reproduced without written permission from Behar & Peteranecz, Inc. © 2022 SITE PLAN SCALE : nts 0016 29 JUNE 2022 THE BLUFFS CLEARWATER, FLORIDA (727) 800-5300 | ARCITECTUREBP.COM | AA26001704 IB26001704 ARTISTIC REPRESENTATION, FOR ILLUSTRATIVE PURPOSES ONLY. VIEW FROM HOTEL NORTHERLY DEVELOPMENT PARCEL George F. Young, Inc. ’ ’’ ’’ ” ’’ ’ ” ’’ ’ ” ’ ” ’ ” ’’ ” ’ Exhibit "D" - Main Library Lot Exhibit "F" - Public Realm Resolution No. 22-15 RESOLUTION NO. 22-15 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CLEARWATER AND GOTHAM PROPERTY ACQUISITIONS, LLC AND THE DENUNZIO GROUP; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater is desirous of entering into a development agreement with Gotham Property Acquisitions, LLC and The DeNunzio Group, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Development Agreement between the City of Clearwater and Gotham Property Acquisitions, LLC and The DeNunzio Group, a copy of which is attached as Exhibit “1”, is hereby approved. Section 2. The City Clerk is directed to record the Development Agreement with the Clerk of the Circuit Court in Pinellas County no later than fourteen (14) days after the agreement is executed. The applicant for the Development Agreement shall bear the expense of recording the agreement. Section 3. The City Clerk is directed to submit a recorded copy of the Development Agreement to the State of Florida Department of Community Affairs no later than fourteen (14) days after the Development Agreement is recorded. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this _______ day of _____________, 2022. ____________________________ Frank V. Hibbard Mayor Approved as to form: Attest: __________________________ _____________________________ Matthew Mytych Rosemarie Call Assistant City Attorney City Clerk Resolution No. 22-15 Exhibit “1” Development Agreement jA 1111111111 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: LUP2022-04004 Agenda Date: 7/21/2022 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.8 SUBJECT/RECOMMENDATION: Withdrawn: Deny a Future Land Use Map Amendment from the Residential Low (RL) category to the Institutional (I) category for the property located at 1885 County Road (CR) 193 and do not pass Ordinance 9577-22 on first reading. (LUP2022-04004) SUMMARY: This Future Land Use Map Amendment involves a 2.618-acre property located on the east side of CR 193 approximately 500 feet south of Sunset Point Road. The applicant, St. Mary and St. Mina Coptic Orthodox Church, is requesting to amend the future land use category from Residential Low (RL) to Institutional (I). The applicant has submitted a Zoning Atlas Amendment which is being processed concurrently with this case (REZ2022-04004). The subject property is currently developed with a detached dwelling which was constructed in 1973. In 2006, the property was annexed into the city by ordinance No. 7683-06, with subsequent ordinances establishing the future land use of Residential Low (RL) and zoning designation of Low Medium Density Residential (LMDR). St. Mary and St. Mina Coptic Orthodox Church (hereinafter the Church) purchased the property in 2015. The Church also owns the property adjacent to the south, 2930 CR 193, and operates their main Church campus from this site which consists of three buildings totaling just under 30,000 square feet of development of 4.469± acres. Site plans are not required as part of Future Land Use Map amendment applications; however, the applicant has previously brought forward conceptual site plans that propose a two -story, 28,000 square foot multi-use building with associated parking on the subject property and rearranged parking on the main Church property, including during pre-application meetings late last year. Staff has not formally reviewed the site plan, but previous comments focused on the increase of development potential in the requested Institutional (I) future land use category and uses in the consistent zoning district, as well as concerns about additional traffic. Staff encouraged the applicant to explore site design options where future vertical development is limited to the main Church parcel to the south which is already designated as Institutional (I), and to explore ways to mitigate impacts to surrounding properties. The proposed expansion of the Institutional (I) future land use category would negatively impact the low-density character of the area. The addition of Institutional property as proposed is incompatible with surrounding uses and inconsistent with the character of the surrounding properties and neighborhood. Additionally, the increase in development potential would likely lead to traffic capacity issues along CR 193, a dead-end roadway that lacks sidewalks and has no opportunities to connect to Sunset Point Road or another outlet. The main Church campus to the south, 2930 CR 193, has a maximum development potential of up to 126,534 square feet based on its current designation of Institutional (I) on the city’s Future Land Use Map. The Page 1 City of Clearwater Printed on 7/20/2022 File Number: LUP2022-04004 existing development is approximately 29,247 square feet, which leaves up to 97,287 square feet of unrealized development potential on the site. The main Church campus could support expansion of the Church without the need to extend the Institutional (I) future land use category north to the subject property. The Planning and Development Department has determined that the proposed Future Land Use Map Amendment is not consistent with the provisions of the Clearwater Community Development Code as specified below: ·The amendment will not further implementation of the Comprehensive Plan consistent with the goals, policies and objectives contained in the Plan. ·The amendment is inconsistent with other provisions of the Comprehensive Plan. ·The available uses, if applicable, to which the property may be put are not appropriate to the property in question and not compatible with existing and planned uses in the area. ·Sufficient public facilities are available to serve the subject property; however, sufficient traffic levels of service are not available to serve the property. ·The amendment will adversely impact the use of properties in the immediate area. If approved, the proposed City of Clearwater future land use category of Residential Low (RL) will necessitate an amendment of the Countywide Plan Map from the Residential Low Medium (RLM) category to the Public/Semi-Public (P/SP) category. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of Forward Pinellas, in its role as the Pinellas Planning Council, and the Board of County Commissioners acting as the Countywide Planning Authority. The application is a small-scale amendment so review and approval by the Florida Department of Economic Opportunity would not be required. The Community Development Board reviewed this application at its June 21, 2022 public hearing and made a unanimous recommendation of denial to City Council. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 7/20/2022 Background: This case involves a 2.618-acre property located on the east side of County Road (CR) 193 approximately 500 feet south of Sunset Point Road. A detached dwelling which was constructed in 1973 occupies the site. The subject property was annexed into the City in 2006 by Ordinance No. 7683-06, with Ordinance No. 7684-06 setting the initial future land use category of Residential Low (RL) and Ordinance No. 7685-06 setting the initial zoning designation of Low Medium Density Residential (LMDR). The current owner, St. Mary & St. Mina Coptic Orthodox Church, which is located on the parcel to the south (2930 CR 193), purchased the property in June 2015. The request is to change the Future Land Use Map designation of the subject property from Residential Low (RL) to Institutional (I). A request to rezone the property from the Low Medium Density Residential (LMDR) District to the Institutional (I) District is being processed concurrently with this case (see REZ2022-04004). The church’s campus (2930 CR 193) is comprised of three buildings which total just under 30,000 square feet of development on 4.469 acres. In late 2007, the church approached the city requesting annexation in order to connect to the City’s sewer system. However, as the closest sanitary sewer manhole was to the east in the Castle Woods Drive right-of-way it was not readily available. After six months of inactivity, staff withdrew the petition. In 2014, the City’s Public Utilities Department was expanding sanitary sewer service in certain areas of the city, one of the areas being on CR 193. In late 2014, the church again requested annexation in order to connect to the City’s sanitary sewer system during the expansion work. Applications to amend the church’s future land use and zoning designations to Institutional (I) were also submitted, and the three cases were reviewed concurrently. The Community Development Code only permits places of worship within the PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: June 21, 2022 AGENDA ITEM: F.1. CASE: LUP2022-04004 REQUEST: To amend the Future Land Use Map designation from Residential Low (RL) to Institutional (I) GENERAL DATA: Agent............................... Owner............................. Todd Pressman, President, Pressman & Associates, Inc. St. Mary & St. Mina Coptic Orthodox Church Location .......................... 1885 County Road 193 located on the east side of County Road 193 approximately 500 feet south of Sunset Point Road Property Size ................... 2.618 acres Community Development Board – June 21, 2022 Revised for City Council 1st Reading – July 21, 2022 LUP2022-04004 - Page 2 of 12 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Institutional (I) District, necessitating the Future Land Use Map and Zoning Atlas Amendment applications so the existing church remained a conforming use upon annexation. The Future Land Use Map and Zoning Atlas Amendments were heard before the Community Development Board on February 17, 2015. Concerns about the increased number of uses permitted in the City’s Institutional (I) District, greater development intensity, traffic, and noise from the church property were raised during the hearing by the neighbors. After deliberation, the Community Development Board recommended approval to the City Council, and the City Council ultimately approved the annexation and future land use and zoning amendments on April 2, 2015. These concerns by the neighbors were also raised at the first City Council meeting on March 19, 2015. In early 2018, the applicant contacted staff because the church was looking to create a master plan, which included the addition of the subject property (the parcel north of the main campus). In late 2018, the applicant submitted a request to amend the Future Land Use Map designation from Residential Low (RL) to Institutional (I), case LUP2018-11008, and the Zoning Atlas designation from Low Medium Density Residential (LMDR) to Institutional (I), case REZ2018-12005. Staff recommended denial of these two proposed amendments to Institutional (I). The 2018 request did not include a site plan as part of the application package as they are not required; however, at the February 19, 2019, Community Development Board meeting, the applicants introduced a conceptual site plan that showed a new 28,000 square foot multi- function building on the subject property. As such, staff nor the board were able to adequately review the conceptual site plan prior to the meeting. At the February 19, 2019, Community Development Board meeting, concerns were again raised by the neighbors about the traffic, greater number of uses, increased development potential, and noise from the existing church property. Through discussion at the meeting, staff stated to the applicant and to the board that non-residential off-street parking was a permitted use in the existing Low Medium Density Residential (LMDR) District, and that pursuing this use would not require the need for the Future Land Use Map or Zoning Atlas Amendments. The applicant stated that they would be willing to continue the case to a date uncertain to allow for more discussions with staff, and the board voted unanimously to continue the case to a date uncertain. Due to inactivity on the application, and after numerous correspondence with the owner and the applicant, staff withdrew the application on September 24, 2019. It should be noted that the Clearwater Police Department has received nine calls for service related to noise at the main church campus. There was one call in 2016, five in 2017, two in 2018, none in 2019 and one in 2020. In late 2021, the applicant scheduled two pre-application meetings with staff to gather feedback on two conceptual site plans for the subject property and church property. The two conceptual site plans were like the one presented at the 2019 Community Development Board meeting, and staff recommended and encouraged the applicant to look for solutions where new structures were limited to the existing church parcel currently designated as Institutional (I). Staff also noted that expansion of the Institutional (I) future land use and zoning was inconsistent with many of the review criteria in the Code. The applicant has not submitted a site plan at this time but has indicated on the application that the proposed use of the subject property is a place of worship and responses to the review criteria indicate an expansion of the existing place of worship onto the subject property. The existing Institutional (I) future land use category on the main church campus to the south, 2930 CR 193, has a maximum development potential of up to 126,534 square feet. The existing development on the main Community Development Board – June 21, 2022 Revised for City Council 1st Reading – July 21, 2022 LUP2022-04004 - Page 3 of 12 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION church campus is approximately 29,247 square feet, which leaves a potential of up to 97,287 square feet of unrealized development potential on the site. The main church campus could support expansion of the church without the need to expand the Institutional (I) future land use category north to the subject property. Vicinity Characteristics: Maps 1 and 2 show the general location of the property and an aerial view of the amendment area and its surroundings. Map 1 Map 2 Map 3 shows the existing surrounding uses. Adjacent to the east and farther north along Sunset Point Road and Sunrise Drive are detached dwellings, and adjacent to the north is a community residential home. Adjacent to the south is the main St. Mary & St. Mina Coptic Orthodox Church, and further south across CR 193 is Paul B. Stephens School. To the west across CR 193 is Sylvan Abbey Funeral Home and a vacant tract of land owned by Sylvan Abbey, and to the southwest across CR 193 is a detached dwelling on a large tract of land also owned by Sylvan Abbey but under a 99-year ground lease. Community Development Board – June 21, 2022 Revised for City Council 1st Reading – July 21, 2022 LUP2022-04004 - Page 4 of 12 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Map 3 As shown on Map 4, the abutting future land use designations are Residential Suburban (RS) to the east, Residential Low (RL) to the north, and Institutional (I) to the south. Across CR 193 to the west, south and southwest is also Institutional (I). Residential Low (RL) also exists further north for the residential properties along Sunset Point Road. Community Development Board – June 21, 2022 Revised for City Council 1st Reading – July 21, 2022 LUP2022-04004 - Page 5 of 12 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Map 4 A comparison between the uses, densities and intensities allowed by the existing and proposed Future Land Use Map designations appears in Table 1, along with the consistent zoning districts. Table 1. Uses, Densities and Intensities Allowed by Existing and Proposed Future Land Use Designations Exsiting FLUM Designation Residential Low (RL) Proposed FLUM Designation Institutional (I) Primary Uses: Low Density Residential Public/Private Schools, Churches, Public Offices, Hospitals, Residential Equivalent Maximum Density: 5 Dwelling Units per Acre 12.5 Dwelling Units per Acre Maximum Intensity: FAR 0.40; ISR 0.65 FAR 0.65; ISR 0.85 Consistent Zoning Districts: Low Density Residential (LDR); Low Medium Density Residential (LMDR) Institutional (I) Community Development Board – June 21, 2022 Revised for City Council 1st Reading – July 21, 2022 LUP2022-04004 - Page 6 of 12 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION REVIEW CRITERIA: Consistency with the Clearwater Comprehensive Plan [Sections 4-603.F.1 and 4-603.F.2] Recommended Findings of Fact: Applicable goals, objective and policies of the Clearwater Comprehensive Plan which do not support the proposed amendment include: Goal A.2 A sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development. Objective A.2.2 Future Land Use in the City of Clearwater shall be guided by the City’s Future Land Use Map, which shall be consistent with the Countywide Plan for Pinellas County (The Countywide Plan) including the Countywide Plan Map and shall be implemented through the City’s Community Development Code. Goal A.4. The City shall work toward a land use pattern that can be supported by the available community and public facilities that would be required to serve the development. Policy A.5.5.1 Development shall be designed to maintain and support the existing or envisioned character of the neighborhood. Policy B.1.4.1 The City will continue to review potential trips generated by requests for amendment to the Future Land Use Map. Policy B.1.5.1 The City shall continue to review trips generated by land development projects through the Mobility Management System. Additionally, as stated in the introduction of the City’s Comprehensive Plan Future Land Use Element, the goals, objectives and policies provide for sustainable redevelopment and infill development, as well as neighborhood preservation, and are “… designed to preserve and enhance community character and quality of life, while ensuring continued economic vitality of the community.” The current mix of future land use categories is generally sufficient in this area to support the character of the neighborhood, which is more rural in nature than most areas within the City of Clearwater. The residential neighborhood abutting to the east is a larger lot subdivision (between approximately 15,000 – 19,000 square feet on average) compared to many subdivisions in the city. Although institutional uses can be compatible within and near residential areas, the scale and operational characteristics of the use are important factors. The request as submitted does not demonstrate how the expansion of Institutional (I) future land use by an additional 2.618 acres, as proposed in the amendment, would not adversely affect the community character and quality of life of the overall neighborhood. While there are properties that are designated Institutional (I) in the vicinity, the largest is Sylvan Abbey funeral home and church which has direct access to Sunset Point Road, a minor arterial road. CR 193 is a two-lane, undivided local road that lacks sidewalks. There are several challenges along CR 193, most notably that it is a short dead-end road with no obvious solutions or opportunities to build a connection through a second outlet. As detailed below in the Public Facilities review, development of the subject site would likely lead to degradation of CR 193. A transportation management plan or traffic impact study would be required depending on the number of trips a development proposal Community Development Board – June 21, 2022 Revised for City Council 1st Reading – July 21, 2022 LUP2022-04004 - Page 7 of 12 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION adds to the road network. The Paul B. Stephens School and the existing church likely use a large portion of the roadway’s maximum capacity, and additional development would further strain the roadway. Staff is concerned that the expansion of the Institutional (I) future land use designation would allow additional development that is out of character or would have negative impacts in the area. Recommended Conclusions of Law: The request is inconsistent with the goals, objectives and policies of the Clearwater Comprehensive Plan and does not further said plan as indicated above. Consistency with the Countywide Rules Recommended Findings of Fact: The underlying Countywide Plan Map category on the proposed amendment area is Residential Low Medium (RLM). This Residential Low Medium (RLM) category is also to the north and east. Properties to the south and west are designated with the Public/Semi-Public (P/SP) category. Section 2.3.3.2 of the Countywide Rules states that the current Residential Low Medium (RLM) category is intended to depict areas that are now developed, or appropriate to be developed, in a suburban, low density or moderately dense residential manner; and to recognize such areas as primarily well-suited for residential uses that are consistent with the suburban qualities, transportation facilities, including transit, and natural resources of such areas. The proposed City of Clearwater future land use designation of Institutional (I) will necessitate a Countywide Plan Map amendment from the Residential Low Medium (RLM) category to the Public/Semi-Public (P/SP) category in order to maintain consistency between the City’s Future Land Use Map and the Countywide Plan Map. Section 2.3.3.10 of the Countywide Rules states that the Public/Semi-Public (P/SP) category is intended to recognize institutional and transportation/utility uses that serve the community or region, especially larger facilities having acreage exceeding the threshold established in other plan categories, and which are consistent with the need, character, and scale of such uses relative to the surrounding uses, transportation facilities, and natural resource features. Although the applicant has indicated the church’s intention is to expand the existing place of worship use to the north onto the subject site, the applicant has not submitted a site plan or provided enough information for staff to evaluate whether the increase in development potential across the subject parcel is compatible with the surrounding development and Countywide Plan Map categories. Expansion of this institutional use would be inconsistent with the character and scale of such a use relative to the uses surrounding the subject site and transportation facilities available to serve the site (CR 193). Recommended Conclusions of Law: The proposed Future Land Use Map Amendment will require an amendment to the Countywide Plan Map category from Residential Low Medium (RLM) to Public/Semi Public (P/SP). Although the proposed amendment is consistent with the purpose of the proposed category in the Countywide Rules, the expansion of this designation onto the subject property is inconsistent with the character and scale relative to the surrounding uses, transportation facilities, and natural resource features. Community Development Board – June 21, 2022 Revised for City Council 1st Reading – July 21, 2022 LUP2022-04004 - Page 8 of 12 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Compatibility with Surrounding Properties/Character of the City & Neighborhood [Section 4-603.F.3 and Section 4-603.F.6] Recommended Findings of Fact: Existing surrounding uses consist of detached dwellings to the north and east. To the south is the main St. Mary & St. Mina Coptic Orthodox Church campus, and further south along CR 193 is the Paul B. Stephens School. To the west is land owned by the Sylvan Abbey Memorial Park that is developed with various uses as previously discussed. The proposed Institutional (I) future land use category primarily permits residential equivalent uses at a density of 12.5 dwelling units per acre and 3 beds per dwelling unit, or nonresidential development at a floor area ratio (FAR) of 0.65. The future land use designations of surrounding properties include Residential Low (RL), Residential Suburban (RS) and Institutional (I). The proposed Institutional (I) future land use category, which primarily allows for public/private schools, churches, public offices or residential equivalent, is consistent with the church property adjacent to the south; however, the expansion of the Institutional (I) future land use category onto an additional 2.618 acres of land creates uncertainty regarding compatibility with the properties designated Residential Low (RL) and Residential Suburban (RS) future land use which exist to the north and east. Those future land use categories primarily permit low density residential uses. The main church campus appears to also be very active throughout the week with the number of services and activities they provide. According to their website, stmarystmina.com/#schedule, the earliest service starts at 4:45 am, and the latest service concludes at 9:45 pm. Further expansion would likely lead to an increase in the number of services, more scheduled times for services, or an increase in the number of members attending these services, which would likely lead to future negative impacts on the surrounding residential neighborhood. Recommended Conclusions of Law: The proposed expansion of the Institutional (I) future land use category will negatively impact the low- density residential character of the area. The addition of Institutional property is incompatible with surrounding uses and inconsistent with the character of the surrounding properties and neighborhood. Community Development Board – June 21, 2022 Revised for City Council 1st Reading – July 21, 2022 LUP2022-04004 - Page 9 of 12 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Sufficiency of Public Facilities [Section 4-603.F.4] Recommended Findings of Fact: To assess the sufficiency of public facilities needed to support potential development on the proposed amendment area, the maximum development potential of the property under the existing and proposed City Future Land Use Map designations were analyzed. Table 2. Development Potential for Existing & Proposed FLUM Designations Existing FLUM Designation “RL” Proposed FLUM Designation “I” Net Change Site Area 2.618 AC (114,040 SF) 2.618 AC (114,040 SF) Maximum Development Potential 13 DUs / 0 Beds1 45,616 SF 0.40 FAR 0 DUs2 / 96 Beds 74,126 SF 0.65 FAR -13 DUs / +96 Beds +28,510 SF +0.25 FAR Notes: 1. Residential equivalent uses are not permitted in the consistent Low Medium Density Residential (LMDR) District; therefore, the development potential is zero. 2. Residential uses are not permitted through the consistent Institutional (I) District; however, residential equivalent uses are permitted (3 beds per unit per acre). Abbreviations: FLUM – Future Land Use Map DUs – Dwelling Units AC – Acres FAR – Floor Area Ratio SF – Square feet As shown in the table, there is an increase in maximum development potential of over 28,000 square feet even though there is a reduction in the number of dwelling units able to be constructed. The following analysis compares the maximum potential development of the proposed Institutional (I) future land use developed with a 74,126 square foot non-residential use to the maximum development potential of the existing Residential Low (RL) future land use category developed with a maximum of 13 dwelling units. Potable Water The change in development potential from this amendment would result in an increase in potable water use of up to 3,669 gallons per day. This increase is determined by taking the potential potable water utilization of the proposed land use developed with the maximum square footage allowed (7,413 gallons per day) and subtracting it from the potential usage of a residential use built out at the maximum density permitted by the current land use designation (3,744 gallons per day). When comparing the potable water utilization of the maximum potential square footage of development (74,126 SF; 7,413 gallons per day) to the utilization of the existing detached dwelling (1 DU; 288 gallons per day) it shows that the proposed change could result in an increase of approximately 7,125 gallons per day. The City’s current potable water demand is 10.64 million gallons per day (MGD). The City’s adopted level of service (LOS) standard for potable water service is 120 gallons per day per capita, while the actual usage is estimated at 72 gallons per day per capita (2020 Annual Water Report). The City’s 10-year Water Supply Facilities Work Plan (2016-2026 Planning Period), completed October 2017, indicates that based on the Community Development Board – June 21, 2022 Revised for City Council 1st Reading – July 21, 2022 LUP2022-04004 - Page 10 of 12 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION updated water demand projections and other factors, the City has adequate water supply and potable water capacity for the 10-year planning horizon. Wastewater The change in development potential from this amendment would result in an increase in wastewater use of up to 2,561 gallons per day. This increase is determined by taking the potential wastewater utilization of the proposed land use developed with the maximum square footage allowed (5,930 gallons per day) and subtracting it from the potential usage of a residential use built out at the maximum density permitted by the current land use designation (3,369 gallons per day). When comparing the wastewater utilization of the maximum square footage potential (74,126 SF; 5,930 gallons per day) to the utilization of the existing detached dwelling development (1 DU; 259 gallons per day) it shows that the proposed change could result in an increase of approximately 5,671 gallons per day. The subject property is served by the Marshall Street Water Reclamation Facility, which presently has excess permitted capacity estimated to be 4.82 million gallons per day. Therefore, there is excess wastewater capacity to serve the amendment area. Solid Waste The change in development potential from this amendment would result in an increase of solid waste generated of up to 26.3 tons per year. This increase is determined by taking the utilization of the proposed land use developed with the maximum square footage permitted (59.3 tons per year) and subtracting it from the potential utilization of a residential use built out at the maximum density permitted by the current land use designation (33 tons per year). When comparing the solid waste generated from the maximum square footage potential (59.3 tons per year) to the solid waste generated by the existing detached dwelling use (2.5 tons per year) it shows that the proposed change could result in an increase of approximately 56.8 tons per year. Pinellas County handles all solid waste disposal at the Pinellas County Waste-to-Energy Plant and the Bridgeway Acres Sanitary Landfill, which has significant capacity. Additionally, the city provides a full- service citywide recycling program which diverts waste from the landfill, helping to extend the lifespan of Bridgeway Acres. There is excess solid waste capacity to serve the amendment area. Parkland Under both the existing and proposed land use, the LOS citywide will continue to exceed the adopted LOS of 4 acres per 1,000 residents. The city is currently providing 7.95 acres of parkland per 1,000 residents. This is calculated using the most recent ACS estimate of 2.4 persons per household within the City of Clearwater. Based on this impact analysis, the current provision of 7.95 acres of parkland per 1,000 would remain unchanged [Source: Parks and Recreation Facilities Impact Fee Study, prepared by Benesch (formerly Tindale Oliver) May 23, 2022]. Amending a property’s future land use or zoning designation does not have an immediate impact on the City’s Parks and Recreation system and parkland requirements. Impacts are felt when development occurs. This Future Land Use Map amendment will have no additional impact on parkland. Community Development Board – June 21, 2022 Revised for City Council 1st Reading – July 21, 2022 LUP2022-04004 - Page 11 of 12 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Stormwater Site plan approval will be required before the property can be redeveloped. At that time, the stormwater management system for the site will be required to meet all City and Southwest Florida Water Management District (SWFWMD) stormwater management criteria. Streets The subject property is located on the east side of CR 193 approximately 500 feet south of Sunset Point Road. To evaluate potential impacts to streets, the typical traffic impacts figure (trips per day per acre) in the Countywide Rules for the corresponding Countywide Plan Map categories (current and proposed) are compared. The current number of trips per day (175 trips) is calculated based on the traffic generation numbers for the Residential Low Medium (RLM) category (67 trips per day per acre), and the proposed number of trips under the Public/Semi-Public (P/SP) category would be 272 trips (104 trips per day per acre). This could be an increase of 97 trips from the subject property. Additionally, depending on the number of trips generated by a proposed development, a transportation management plan or traffic impact study could be required. As stated before, CR 193 is a two-lane, undivided, dead-end road that lacks sidewalks. There are no obvious solutions or opportunities to build a connection through a second outlet to another roadway, or to Sunset Point Road. These right-of-way constraints, along with Paul B. Stephens School and the existing church using a large portion of CR 193’s maximum capacity, would likely be further exacerbated by additional institutional development. Recommended Conclusions of Law: Based upon the findings of fact, the proposed expansion would increase the demand on several of the public facilities when compared to the existing residential development; however, it is determined that the proposed change will not result in the degradation of the existing levels of service for potable water, sanitary sewer, solid waste, parkland, and stormwater management. Degradation to the level of service for streets would likely occur with this proposed amendment. Impact on Natural Resources [Section 4-603.F.5] Recommended Findings of Fact: No wetlands appear to be located on the subject property. The City’s codes require that development is compliant with the City’s tree preservation, landscaping and stormwater management requirements. Recommended Conclusions of Law: Based on the findings of fact, it is determined that the proposed Future Land Use Map Amendment will not negatively impact natural resources on the subject property. Community Development Board – June 21, 2022 Revised for City Council 1st Reading – July 21, 2022 LUP2022-04004 - Page 12 of 12 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION SUMMARY AND RECOMMENDATION: No amendment to the Comprehensive Plan or Future Land Use Map shall be recommended for approval or receive a final action of support unless it complies with the standards contained in Section 4-603.F, Community Development Code. Table 3 below depicts the consistency of the proposed amendment with the standards under to Section 4-603.F: Table 3. Consistency with Community Development Code Standards for Review CDC Section 4-603 Standard Consistent Inconsistent F.1 The amendment will further implementation of the Comprehensive Plan consistent with the goals, policies and objectives contained in the Plan. X F.2 The amendment is not inconsistent with other provisions of the Comprehensive Plan. X F.3 The available uses, if applicable, to which the properties may be put are appropriate to the properties in question and compatible with existing and planned uses in the area. X F.4 Sufficient public facilities are available to serve the properties. X F.5 The amendment will not adversely affect the natural environment. X F.6 The amendment will not adversely impact the use of properties in the immediate area. X Based on the foregoing, the Planning and Development Department recommends the following action: Recommend DENIAL of the Future Land Use Map Amendment from Residential Low (RL) to Institutional (I). Prepared by Planning and Development Department Staff: Kyle Brotherton Senior Planner ATTACHMENTS: Ordinance No. 9577-22 Resume Photographs of Site and Vicinity Ordinance No. 9577-22 ORDINANCE NO. 9577-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF CR 193 APPROXIMATELY 500 FEET SOUTH OF SUNSET POINT ROAD, WHOSE POST OFFICE ADDRESS IS 1885 CR 193, CLEARWATER, FLORIDA 33759, FROM RESIDENTIAL LOW (RL), TO INSTITUTIONAL (I); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described properties, as follows: Properties Land Use Category See attached Exhibit “A” for legal description; From: Residential Low (RL) To Institutional (I) (LUP2022-04004) The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s Comprehensive Plan. Section 3. This ordinance shall take effect contingent upon approval of the countywide plan land use designation by the Pinellas County Board of Commissioners, where applicable, and thirty-one (31) days post-adoption. If this ordinance is appealed within thirty (30) days after adoption, then this ordinance will take effect only after approval of the countywide plan land use designation by the Pinellas County Board of Commissioners and upon issuance of a final order determining this amendment to be in compliance either by the Department of Economic Opportunity (DEO) or the Administration Commission, where applicable, pursuant to section 163.3187, Florida Statutes. The Community Development Coordinator is authorized to transmit to Forward Pinellas, in its role as the Pinellas Planning Council, an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City’s Comprehensive Plan as amended by this ordinance. Ordinance No. 9577-22 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit “A” LUP2022‐04004 & REZ2022‐04004, 1885 County Road (CR) 193, 05‐29‐16‐00000‐410‐0300 A part of the Northwest ¼ of the North ½ of the Northeast ¼ of the Southeast ¼ of SecƟon 5, Township 29 South, Range 16 East Pinellas County, Florida: and being more parƟcularly described as follows: Commencing at the northwest corner of the Northeast ¼ of the Southeast ¼ of said SecƟon 5, thence South 89 degr. 41’18” East 30.00 feet to the East right‐of‐way line of County Road No. 193: thence South 00 deg. 18’48” West along the East right‐of‐way line of said County Road No. 193 a distance of 155.47 feet to the Point of Beginning. Thence conƟnue South 89 deg. 41’18” East a distance of 540.12 feet; thence South 00 deg. 19’04” West s distance of 178.23 feet; thence North 89 deg . 40’15” West a distance of 540.11feet; thence North 00 deg. 18’48” East a distance of 178.07 feet to the Point of Beginning. A survey of a part of the North half (1/2)of the Northwest ¼ of the Northeast 1/4of the Southeast ¼ of SecƟon 5, Township 29 South,Range 16 East, Pinellas County , Florida described as follows: Commencing at the Northwest corner of the Northeast ¼ of the Southeast ¼ of said SecƟon 5; thence south 89 deg. 41’18” East, 30.00 feet to the East right‐of‐wayline of County Road No. 193; thence South 00 deg. 18’48 West, along the east right‐of‐ way line of said County Road No. 193, 155.47 feet; thence South 89 deg. 41’18 East, 540.12 feet for the Point of Beginning; thence South 89 deg. 41’18 East 99.99; thence South 00 deg. 18’45”West 178.26 feet; thence North 89 deg. 40’15” West, 100.00 feet thence North 00 deg. 19’04” East, 178.23 feet to the Point of Beginning. Subject to easements and restricƟons of record. Exhibit “B” PROPOSED FUTURE LAND USE MAP Owner(s): St. Mary & St. Mina Coptic Orthodox Church Case: LUP2022-04004 REZ2022-04004 Site: 1885 CR 193 Property Size(Acres): 2.618 Land Use Zoning PIN: 05-29-16-00000-410-0300 From: Residential Low (RL) Low Medium Density Residential (LMDR) To: Institutional (I) Institutional (I) Atlas Page: 264B LUP2022-04004 & REZ2022-04004 St. Mina & St. Mary Coptic Orthodox Church 1885 County Road (CR) 193 View looking east at subject property 1885 CR 193 South of the subject property North of the subject property Across the street, to the west of the subject property View looking northerly along CR 193 View looking southerly along CR 193 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: REZ2022-04004 Agenda Date: 7/21/2022 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.9 SUBJECT/RECOMMENDATION: Withdrawn: Deny a Zoning Atlas Amendment from the Low Medium Density Residential (LMDR) District to the Institutional (I) District for the property located at 1885 County Road (CR) 193 and do not pass Ordinance 9578-22 on first reading. (REZ2022-04004) SUMMARY: This Zoning Atlas Amendment involves a 2.618-acre property located on the east side of CR 193 approximately 500 feet south of Sunset Point Road. The applicant, St. Mary and St. Mina Coptic Orthodox Church, is requesting to rezone the property from the Low Medium Density Residential (LMDR) District to the Institutional (I) District. The applicant has submitted a Future Land Use Map Amendment, which is being processed concurrently with this case (LUP2022-04004). The subject property is currently developed with a detached dwelling which was constructed in 1973. In 2006, the property was annexed into the city by ordinance No. 7683-06, with subsequent ordinances establishing the future land use of Residential Low (RL) and zoning designation of Low Medium Density Residential (LMDR). St. Mary and St. Mina Coptic Orthodox Church (hereinafter the Church) purchased the property in 2015. The Church also owns the property adjacent to the south, 2930 CR 193, and operates their main Church campus from this site which consists of three buildings totaling just under 30,000 square feet of development of 4.469± acres. Site plans are not required as part of rezoning applications; however, the applicant has previously brought forward conceptual site plans that propose a two-story, 28,000 square foot multi-use building with associated parking on the subject property and rearranged parking on the main Church property, including during pre-application meetings earlier this year. Staff has not formally reviewed the site plan, but previous comments focused on the increase of permitted uses in the requested Institutional (I) zoning district and development potential in the consistent future land use category, as well as concerns about additional traffic. Staff encouraged the applicant to explore site design options where future vertical development is limited to the main Church parcel to the south which is already designated Institutional (I) District, and to explore ways to mitigate impacts to surrounding properties. The proposed expansion of the Institutional (I) zoning district would negatively impact the low-density character of the area. The addition of Institutional property as proposed is incompatible with surrounding uses and inconsistent with the character of the surrounding properties and neighborhood. Additionally, the increase in development would likely lead to traffic capacity issues along CR 193, a dead-end roadway that lacks sidewalks and has no opportunities to connect to Sunset Point Road or another outlet. The main Church campus to the south, 2930 CR 193, has a maximum development potential of up to 126,534 square feet Page 1 City of Clearwater Printed on 7/20/2022 File Number: REZ2022-04004 based on its current designation of Institutional (I) on the city’s Future Land Use Map. The existing development is approximately 29,247 square feet, which leaves up to 97,287 square feet of unrealized development potential on the site. The main Church campus could support expansion of the Church without the need to extend the Institutional (I) zoning district north to the subject property. The Planning and Development Department has determined that the proposed Zoning Atlas Amendment is not consistent with the provisions of the Community Development Code as specified below: ·The proposed amendment is not consistent with the Comprehensive Plan and the Community Development Code. ·The available uses in the Institutional (I) District are not compatible with the surrounding area. ·The proposed amendment is not compatible with the surrounding property and character of the neighborhood. ·The proposed amendment will adversely or unreasonably affect the use of other property in the area. ·The proposed amendment will not adversely burden public facilities, excluding the traffic-carrying capacities of streets, in an unreasonably or disproportionate manner. The Community Development Board reviewed this application at its June 21, 2022 public hearing and made a unanimous recommendation of denial to City Council. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 7/20/2022 PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: June 21, 2022 AGENDA ITEM: F.2. CASE: REZ2022-04004 REQUEST: To amend the Zoning Atlas designation from Low Medium Density Residential (LMDR) to Institutional (I) GENERAL DATA: Agent................................ Owner ............................. Todd Pressman, President, Pressman & Associates, Inc. St. Mary & St. Mina Coptic Orthodox Church Location ......................... 1885 County Road 193 located on the east side of County Road 193 approximately 500 feet south of Sunset Point Road Property Size................... 2.618 acres Background: This case involves a 2.618-acre property located on the east side of County Road (CR) 193 approximately 500 feet south of Sunset Point Road. A detached dwelling which was constructed in 1973 occupies the site. The subject property was annexed into the City in 2006 by Ordinance No. 7683-06, with Ordinance No. 7684-06 setting the initial future land use category of Residential Low (RL) and Ordinance No. 7685-06 setting the initial zoning designation of Low Medium Density Residential (LMDR). The current owner, St. Mary & St. Mina Coptic Orthodox Church, which is located on the parcel to the south (2930 CR 193), purchased the property in June 2015. The request is to change the Zoning Atlas designation of the subject property from the Low Medium Density Residential (LMDR) District to the Institutional (I) District. A request to amend the property’s Future Land Use Map category from Residential Low (RL) to Institutional (I) is being processed concurrently with this case (see LUP2022-04004). The church’s campus (2930 CR 193) is comprised of three buildings which total just under 30,000 square feet of development on 4.469 acres. In late 2007, the church approached the city requesting annexation in order to connect to the City’s sewer system. However, as the closest sanitary sewer manhole was to the east in the Castle Woods Drive right-of-way it was not readily available. After six months of inactivity, staff withdrew the petition. In 2014, the City’s Public Utilities Department was expanding sanitary sewer service in certain areas of the city, one of the areas being on CR 193. In late 2014, the church again requested annexation in order to connect to the City’s sanitary sewer system during the expansion work. Applications to amend the church’s future land use and zoning designations to Institutional (I) were also submitted, and the three cases were Community Development Board – June 21, 2022 REZ2022-04004 - Page 2 of 11 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION reviewed concurrently. The Community Development Code only permits places of worship within the Institutional (I) District, necessitating the Future Land Use Map and Zoning Atlas Amendment applications so the existing church remained a conforming use upon annexation. The Future Land Use Map and Zoning Atlas Amendments were heard before the Community Development Board on February 17, 2015. Concerns about the increased number of uses permitted in the City’s Institutional (I) District, greater development intensity, traffic, and noise from the church property were raised during the hearing by the neighbors. After deliberation, the Community Development Board recommended approval to the City Council, and the City Council ultimately approved the annexation and future land use and zoning amendments on April 2, 2015. These concerns by the neighbors were also raised at the first City Council meeting on March 19, 2015. In early 2018, the applicant contacted staff because the church was looking to create a master plan, which included the addition of the subject property (the parcel north of the main campus). In late 2018, the applicant submitted a request to amend the Future Land Use Map designation from Residential Low (RL) to Institutional (I), case LUP2018-11008, and the Zoning Atlas designation from Low Medium Density Residential (LMDR) to Institutional (I), case REZ2018-12005. Staff recommended denial of these two proposed amendments to Institutional (I). The 2018 request did not include a site plan as part of the application package as they are not required; however, at the February 19, 2019 Community Development Board meeting, the applicants introduced a conceptual site plan that showed a new 28,000 square foot multi- function building on the subject property. As such, staff nor the board were able to adequately review the conceptual site plan prior to the meeting. At the February 19, 2019, Community Development Board meeting, concerns were again raised by the neighbors about the traffic, increased number of uses, greater development potential, and noise from the existing church property. Through discussion at the meeting, staff stated to the applicant and to the board that non-residential off-street parking was a permitted use in the existing Low Medium Density Residential (LMDR) District, and that pursuing this use would not require the need for the Future Land Use Map or Zoning Atlas Amendments. The applicant stated that they would be willing to continue the case to a date uncertain to allow for more discussions with staff, and the board voted unanimously to continue the case to a date uncertain. Due to inactivity on the application, and after numerous correspondence with the owner and the applicant, staff withdrew the application on September 24, 2019. It should be noted that the Clearwater Police Department has received nine calls for service related to noise at the main church campus. There was one call in 2016, five in 2017, two in 2018, none in 2019, and one in 2020. In late 2021, the applicant scheduled two pre-application meetings with staff to gather feedback on two conceptual site plans for the subject property and church property. The two conceptual site plans were like the one presented at the 2019 Community Development Board meeting, and staff recommended and encouraged the applicant to look for solutions where new structures were limited to the existing church parcel currently designated as Institutional (I). Staff also noted that expansion of the Institutional (I) future land use and zoning was inconsistent with many of the review criteria in the Code. The applicant has not submitted a site plan at this time but has indicated on the application that the proposed use of the subject property is a place of worship and responses to the review criteria indicate an expansion of the existing place of worship onto the subject property. Community Development Board – June 21, 2022 REZ2022-04004 - Page 3 of 11 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION The existing Institutional (I) future land use category on the main church campus to the south, 2930 CR 193, has a maximum development potential of up to 126,534 square feet. The existing development on the main church campus is approximately 29,247 square feet, which leaves a potential of up to 97,287 square feet of unrealized development potential on the site. The main church campus could support expansion of the church without the need to expand the Institutional (I) future land use category and the consistent Institutional (I) zoning district north to the subject property. Vicinity Characteristics: Maps 1 and 2 show the general location of the property and an aerial view of the amendment area and its surroundings. Map 1 Map 2 Map 3 shows the existing surrounding uses. Adjacent to the east and farther north along Sunset Point Road and Sunrise Drive are detached dwellings, and adjacent to the north is a community residential home. Adjacent to the south is the main St. Mary & St. Mina Coptic Orthodox Church, and further south across CR 193 is Paul B. Stephens School. To the west across CR 193 is Sylvan Abbey Funeral Home and a vacant tract of land owned by Sylvan Abbey, and to the southwest across CR 193 is a detached dwelling on a large tract of land also owned by Sylvan Abbey but under a 99-year ground lease. Community Development Board – June 21, 2022 REZ2022-04004 - Page 4 of 11 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Map 3 As shown on Map 4, the Zoning Atlas designations around the property are Low Medium Density Residential (LMDR) abutting to the north and east. Institutional (I) abuts the property to the south and exists to the west and further south across CR 193. Community Development Board – June 21, 2022 REZ2022-04004 - Page 5 of 11 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Map 4 REVIEW CRITERIA: Consistency with the Clearwater Comprehensive Plan and Community Development Code and Regulations [Section 4-602.F.1] Recommended Findings of Fact: Applicable goal, objective and policies of the Clearwater Comprehensive Plan that do not support of the proposed amendment include: Objective A.2.2 Future Land Use in the City of Clearwater shall be guided by the City’s Future Land Use Map, which shall be consistent with the Countywide Plan for Pinellas County (The Countywide Plan) including the Countywide Plan Map and shall be implemented through the City’s Community Development Code. Goal A.4. The City shall work toward a land use pattern that can be supported by the available community and public facilities that would be required to serve the development. Policy A.5.5.1 Development shall be designed to maintain and support the existing or envisioned character of the neighborhood. Policy B.1.4.1 The City will continue to review potential trips generated by requests for amendment to the Future Land Use Map. Community Development Board – June 21, 2022 REZ2022-04004 - Page 6 of 11 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Policy B.1.5.1 The City shall continue to review trips generated by land development projects through the Mobility Management System. Additionally, as stated in the introduction of the City’s Comprehensive Plan Future Land Use Element, the goals, objectives and policies provide for sustainable redevelopment and infill development, as well as neighborhood preservation, and are “… designed to preserve and enhance community character and quality of life, while ensuring continued economic vitality of the community.” Applicable section of the Community Development Code to the proposed amendment: Division 12. Institutional District, Section 2-1201. Intent and Purpose. The intent and purpose of the Institutional “I” District is to establish areas where public and private organizations can establish and operate institutions with a public interest in support of the quality of life of the citizens of the City of Clearwater without adversely impacting the integrity of adjacent residential neighborhoods, diminishing the scenic quality of the City of Clearwater or negatively impacting the safe and efficient movement of people and things within the City of Clearwater. The residential neighborhood abutting to the east is a larger lot subdivision (between approximately 15,000 – 19,000 square feet on average) compared to many subdivisions in the city. Although institutional uses can be compatible within and near residential areas, the scale and operational characteristics of the use are important factors. The request as submitted does not demonstrate how the expansion of the Institutional (I) District by an additional 2.618 acres, as proposed in the amendment, would not adversely affect the community character and quality of life of the overall neighborhood. While there are properties that are designated Institutional (I) in the vicinity, the largest is Sylvan Abbey funeral home and church which has direct access to Sunset Point Road, a minor arterial road. CR 193 is a two-lane, undivided local road that lacks sidewalks. There are several challenges along CR 193, most notably that it is a short dead-end road with no obvious solutions or opportunities to build a connection through a second outlet. As detailed below in the Public Facilities review, development of the subject site would likely lead to degradation of CR 193. A transportation management plan or traffic impact study would be required depending on the number of trips a development proposal adds to the road network. The Paul B. Stephens School and the existing church likely use a large portion of the roadway’s maximum capacity, and additional development would further strain the roadway. Staff is concerned that the expansion of the Institutional (I) zoning district would allow additional development that would adversely impact the adjacent residential neighborhoods, diminish the scenic qualities of the CR 193 area, and negatively impact of the movement of the residents who live in the adjacent neighborhood. Recommended Conclusions of Law: The request is inconsistent with the goals, objectives and policies of the Clearwater Comprehensive Plan and conflicts with said plan and the Community Development Code as indicated above. Community Development Board – June 21, 2022 REZ2022-04004 - Page 7 of 11 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Compatibility with Surrounding Properties/Character of the City & Neighborhood [Section 4-602.F.2, 4-602.F.3 and Section 4-602.F.4] Recommended Findings of Fact: Existing surrounding uses consist of detached dwellings to the north and east. To the south is the main St. Mary & St. Mina Coptic Orthodox Church campus, and further south along CR 193 is the Paul B. Stephens school. To the west is land owned by the Sylvan Abbey Memorial Park that is developed with various uses as previously discussed. The proposed Institutional (I) zoning district, which primarily allows for public/private schools, churches, public offices or residential equivalent, is consistent with the church property adjacent to the south; however, the expansion of the Institutional (I) District onto an additional 2.618 acres of land creates uncertainty regarding compatibility with the properties designated as the Low Medium Density (LMDR) District which exist to the north and east and allows primarily detached dwellings. The main church campus appears to also be very active throughout the week with the number of services and activities they provide. According to their website, stmarystmina.com/#schedule, the earliest service starts at 4:45 am, and the latest services concludes at 9:45 pm. Further expansion would likely lead to an increase in the number of services, more scheduled times for services, or an increase in the number of members attending these services, which would likely lead to future negative impacts on the surrounding residential neighborhood. Recommended Conclusions of Law: The proposed expansion of the Institutional (I) zoning district would negatively impact the low-density residential character of the area. The addition of Institutional property is incompatible with surrounding uses and inconsistent with the character of the surrounding properties and neighborhood. Sufficiency of Public Facilities [Section 4-602.F.5] Recommended Findings of Fact: Even though this is a Zoning Atlas Amendment application, maximum development potential is based on the underlying future land use, so to assess the sufficiency of public facilities needed to support potential development on the proposed property, the maximum development potential under the existing Future Land Use Map designation was analyzed. Community Development Board – June 21, 2022 REZ2022-04004 - Page 8 of 11 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Table 1. Development Potential for Existing & Proposed FLUM Designations Existing FLUM Designation “RL” Proposed FLUM Designation “I” Net Change Site Area 2.618 AC (114,040 SF) 2.618 AC (114,040 SF) Maximum Development Potential 13 DUs / 0 Beds1 45,616 SF 0.40 FAR 0 DUs2 / 96 Beds 74,126 SF 0.65 FAR -13 DUs / +96 Beds +28,510 SF +0.25 FAR Notes: 1. Residential equivalent uses are not permitted in the consistent Low Medium Density Residential (LMDR) District; therefore, the development potential is zero. 2. Residential uses are not permitted through the consistent Institutional (I) District; however, residential equivalent uses are permitted (3 beds per unit per acre). Abbreviations: FLUM – Future Land Use Map DUs – Dwelling Units AC – Acres FAR – Floor Area Ratio SF – Square feet As shown in the table, there is an increase in maximum development potential of over 28,000 square feet even though there is a reduction in the number of dwelling units able to be constructed. The following analysis compares the maximum potential development of the proposed Institutional (I) future land use developed with a 74,126 square foot non-residential use to the maximum development potential of the existing Residential Low (RL) future land use category developed with a maximum of 13 dwelling units. Potable Water The change in development potential from this amendment would result in an increase in potable water use of up to 3,669 gallons per day. This increase is determined by taking the potential potable water utilization of the proposed land use developed with the maximum square footage allowed (7,413 gallons per day) and subtracting it from the potential usage of a residential use built out at the maximum density permitted by the current land use designation (3,744 gallons per day). When comparing the potable water utilization of the maximum potential square footage of development (74,126 SF; 7,413 gallons per day) to the utilization of the existing detached dwelling (1 DU; 288 gallons per day) it shows that the proposed change could result in an increase of approximately 7,125 gallons per day. The City’s current potable water demand is 10.64 million gallons per day (MGD). The City’s adopted level of service (LOS) standard for potable water service is 120 gallons per day per capita, while the actual usage is estimated at 72 gallons per day per capita (2020 Annual Water Report). The City’s 10-year Water Supply Facilities Work Plan (2016-2026 Planning Period), completed October 2017, indicates that based on the updated water demand projections and other factors, the City has adequate water supply and potable water capacity for the 10-year planning horizon. Community Development Board – June 21, 2022 REZ2022-04004 - Page 9 of 11 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Wastewater The change in development potential from this amendment would result in an increase in wastewater use of up to 2,561 gallons per day. This increase is determined by taking the potential wastewater utilization of the proposed land use developed with the maximum square footage allowed (5,930 gallons per day) and subtracting it from the potential usage of a residential use built out at the maximum density permitted by the current land use designation (3,369 gallons per day). When comparing the wastewater utilization of the maximum square footage potential (74,126 SF; 5,930 gallons per day) to the utilization of the existing detached dwelling development (1 DU; 259 gallons per day) it shows that the proposed change could result in an increase of approximately 5,671 gallons per day. The subject property is served by the Marshall Street Water Reclamation Facility, which presently has excess permitted capacity estimated to be 4.82 million gallons per day. Therefore, there is excess wastewater capacity to serve the amendment area. Solid Waste The change in development potential from this amendment would result in an increase of solid waste generated of up to 26.3 tons per year. This increase is determined by taking the utilization of the proposed land use developed with the maximum square footage permitted (59.3 tons per year) and subtracting it from the potential utilization of a residential use built out at the maximum density permitted by the current land use designation (33 tons per year). When comparing the solid waste generated from the maximum square footage potential (59.3 tons per year) to the solid waste generated by the existing detached dwelling use (2.5 tons per year) it shows that the proposed change could result in an increase of approximately 56.8 tons per year. Pinellas County handles all solid waste disposal at the Pinellas County Waste-to-Energy Plant and the Bridgeway Acres Sanitary Landfill, which has significant capacity. Additionally, the City provides a full- service citywide recycling program which diverts waste from the landfill, helping to extend the lifespan of Bridgeway Acres. There is excess solid waste capacity to serve the amendment area. Parkland Under both the existing and proposed land use, the LOS citywide will continue to exceed the adopted LOS of 4 acres per 1,000 residents. The city is currently providing 7.95 acres of parkland per 1,000 residents. This is calculated using the most recent ACS estimate of 2.4 persons per household within the City of Clearwater. Based on this impact analysis, the current provision of 7.95 acres of parkland per 1,000 would remain unchanged [Source: Parks and Recreation Facilities Impact Fee Study, prepared by Benesch (formerly Tindale Oliver) May 23, 2022]. Amending a property’s future land use or zoning designation does not have an immediate impact on the City’s Parks and Recreation system and parkland requirements. Impacts are felt when development occurs. This Zoning Atlas Amendment will have no additional impact on parkland. Community Development Board – June 21, 2022 REZ2022-04004 - Page 10 of 11 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Stormwater Site plan approval will be required before the property can be redeveloped. At that time, the stormwater management system for the site will be required to meet all City and SWFWMD stormwater management criteria. Streets The subject property is located on the east side of CR 193 approximately 500 feet south of Sunset Point Road. To evaluate potential impacts to streets, the typical traffic impacts figure (trips per day per acre) in the Countywide Rules for the corresponding Countywide Plan Map categories (current and proposed) are compared. The current number of trips per day (175 trips) is calculated based on the traffic generation numbers for the Residential Low Medium (RLM) category (67 trips per day per acre), and the proposed number of trips under the Public/Semi-Public (P/SP) category would be 272 trips (104 trips per day per acre). This could be an increase of 97 trips from the subject property. Additionally, depending on the number of trips generated by a proposed development, a transportation management plan or traffic impact study could be required. As stated before, CR 193 is a two-lane, undivided, dead-end road that lacks sidewalks. There are no obvious solutions or opportunities to build a connection through a second outlet to another roadway, or to Sunset Point Road. These right-of-way constraints, along with Paul B. Stephens School and the existing church using a large portion of CR 193’s maximum capacity, would likely be further exacerbated by additional institutional development. Recommended Conclusions of Law: Based upon the findings of fact, the proposed expansion would increase the demand on several of the public facilities when compared to the existing residential development; however, it is determined that the proposed change will not result in the degradation of the existing levels of service for potable water, sanitary sewer, solid waste, parkland, and stormwater management. Degradation to the level of service for streets would likely occur with this proposed amendment. Location of District Boundaries [Section 4-602.F.6] Recommended Findings of Fact: The location of the proposed Institutional (I) District boundaries is consistent with the signed and sealed legal description provided by a licensed land surveyor and with the boundaries on the subject property. Recommended Conclusions of Law: The District boundaries are appropriately drawn in regard to location and classifications of streets, ownership lines, existing improvements and the natural environment. Community Development Board – June 21, 2022 REZ2022-04004 - Page 11 of 11 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION SUMMARY AND RECOMMENDATION: No amendment to the Zoning Atlas shall be recommended for approval or receive a final action of approval unless it complies with the standards contained in Section 4-602.F, Community Development Code. Table 2 below depicts the consistency of the proposed amendment with the standards under Section 4-602.F: Table 2. Consistency with Community Development Code Standards for Review CDC Section 4-602 Standard Consistent Inconsistent F.1 The proposed amendment is consistent with and features the goals, policies and objectives of the Comprehensive Plan and furthers the purposes of this Development Code and other city ordinances and actions designed to implement the plan. X F.2 The available uses to which the property may be put are appropriate to the property which is subject to the proposed amendment and compatible with existing and planned uses in the area. X F.3 The amendment does not conflict with the needs and character of the neighborhood and the city. X F.4 The amendment will not adversely or unreasonably affect the use of other property in the area. X F.5 The amendment will not adversely burden public facilities, including the traffic-carrying capacities of streets, in an unreasonably or disproportionate manner. X F.6 The district boundaries are appropriately drawn with due regard to locations and classifications of streets, ownership lanes, existing improvements and the natural environment. X Based on the foregoing, the Planning and Development Department recommends the following action: Recommend DENIAL of the Zoning Atlas Amendment from the Low Medium Density Residential (LMDR) District to the Institutional (I) District. Prepared by Planning and Development Department Staff: ________ Kyle Brotherton Senior Planner ATTACHMENTS: Ordinance No. 9578-22 Resume Photographs of Site and Vicinity Ordinance No. 9578-22 ORDINANCE NO. 9578-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF CR 193 APPROXIMATELY 500 FEET SOUTH OF SUNSET POINT ROAD, WHOSE POST OFFICE ADDRESS IS 1885 CR 193, CLEARWATER, FLORIDA 33759, FROM LOW MEDIUM DENSITY RESIDENTIAL (LMDR) TO INSTITUTIONAL (I); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in the City of Clearwater, Florida, is hereby rezoned as indicated, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect contingent upon and at such time that Ordinance 9577-22 becomes effective. Property Zoning District See attached Exhibit “A” for legal description; From: Low Medium Density Residential (LMDR) To: Institutional (I) (REZ2022-04004) Ordinance No. 9578-22 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit “A” LUP2022‐04004 & REZ2022‐04004, 1885 County Road (CR) 193, 05‐29‐16‐00000‐410‐0300 A part of the Northwest ¼ of the North ½ of the Northeast ¼ of the Southeast ¼ of SecƟon 5, Township 29 South, Range 16 East Pinellas County, Florida: and being more parƟcularly described as follows: Commencing at the northwest corner of the Northeast ¼ of the Southeast ¼ of said SecƟon 5, thence South 89 degr. 41’18” East 30.00 feet to the East right‐of‐way line of County Road No. 193: thence South 00 deg. 18’48” West along the East right‐of‐way line of said County Road No. 193 a distance of 155.47 feet to the Point of Beginning. Thence conƟnue South 89 deg. 41’18” East a distance of 540.12 feet; thence South 00 deg. 19’04” West s distance of 178.23 feet; thence North 89 deg . 40’15” West a distance of 540.11feet; thence North 00 deg. 18’48” East a distance of 178.07 feet to the Point of Beginning. A survey of a part of the North half (1/2)of the Northwest ¼ of the Northeast 1/4of the Southeast ¼ of SecƟon 5, Township 29 South,Range 16 East, Pinellas County , Florida described as follows: Commencing at the Northwest corner of the Northeast ¼ of the Southeast ¼ of said SecƟon 5; thence south 89 deg. 41’18” East, 30.00 feet to the East right‐of‐wayline of County Road No. 193; thence South 00 deg. 18’48 West, along the east right‐of‐ way line of said County Road No. 193, 155.47 feet; thence South 89 deg. 41’18 East, 540.12 feet for the Point of Beginning; thence South 89 deg. 41’18 East 99.99; thence South 00 deg. 18’45”West 178.26 feet; thence North 89 deg. 40’15” West, 100.00 feet thence North 00 deg. 19’04” East, 178.23 feet to the Point of Beginning. Subject to easements and restricƟons of record. Exhibit “B” PROPOSED ZONING MAP Owner(s): St. Mary & St. Mina Coptic Orthodox Church Case: LUP2022-04004 REZ2022-04004 Site: 1885 CR 193 Property Size(Acres): 2.618 Land Use Zoning PIN: 05-29-16-00000-410-0300 From: Residential Low (RL) Low Medium Density Residential (LMDR) To: Institutional (I) Institutional (I) Atlas Page: 264B LUP2022-04004 & REZ2022-04004 St. Mina & St. Mary Coptic Orthodox Church 1885 County Road (CR) 193 View looking east at subject property 1885 CR 193 South of the subject property North of the subject property Across the street, to the west of the subject property View looking northerly along CR 193 View looking southerly along CR 193 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: REZ2022-03003 Agenda Date: 7/21/2022 Status: Quasi-JudicialVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Approve a Zoning Atlas Amendment from the Office (O) District to the Institutional (I) District for property located at 905 South Highland Avenue and pass Ordinance 9576-22 on first reading. (REZ2022-03003) SUMMARY: This Zoning Atlas Amendment involves a 1.86-acre vacant property located on the east side of South Highland Avenue approximately 450 feet south of Druid Road. The parcel, owned by YMCA of the Suncoast Inc., is currently vacant; however, the property was previously occupied by a nursing home that was demolished in 2006. YMCA of the Suncoast would like the option to construct a new smaller facility to replace their current one on the parcel directly to the south, which has been sold to the Learning Independence for Tomorrow (LIFT) School. This amendment would allow the applicant to develop the property with a facility built for delivery of social/public services and/or educational services, although no plans have been submitted at this time. The request is to change the property’s Zoning Atlas designation from the Office (O) District to the Institutional (I) District. A request to amend the future land use designation of the property from Residential/Office General (R/OG) to Institutional (I) is being processed concurrently with this case (LUP2022-03003). Social and community centers are not a listed permitted use in the Office (O) District and would require submission of a Comprehensive Infill Redevelopment application. The proposed amendment would allow for the property to be developed with the clarity of institutional standards. The Planning and Development Department determined that the proposed Zoning Atlas Amendment is consistent with the Clearwater Community Development Code as specified below: ·The proposed amendment is consistent with the Comprehensive Plan and the Community Development Code. ·The available uses in the Institutional (I) District are compatible with the surrounding area. ·The proposed amendment is compatible with the surrounding property and character of the neighborhood. Page 1 City of Clearwater Printed on 7/20/2022 File Number: REZ2022-03003 ·The proposed amendment will not adversely or unreasonably affect the use of other property in the area. ·The proposed amendment will not adversely burden public facilities, including the traffic-carrying capacities of streets, in an unreasonably or disproportionate manner. ·The proposed Institutional (I) District boundaries are appropriately drawn in regard to location and classification of streets, ownership lines, existing improvements, and the natural environment. The Community Development Board reviewed this application at its June 21, 2022 public hearing and made a unanimous recommendation of approval to City Council. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 7/20/2022 Ordinance No. 9576-22 ORDINANCE NO. 9576-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF SOUTH HIGHLAND AVENUE APPROXIMATELY 450 FEET SOUTH OF DRUID ROAD, WHOSE POST OFFICE ADDRESS IS 905 SOUTH HIGHLAND AVENUE, CLEARWATER, FLORIDA 33756, FROM OFFICE (O) TO INSTITUTIONAL (I); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in the City of Clearwater, Florida, is hereby rezoned as indicated, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect contingent upon and at such time that Ordinance 9575-22 becomes effective. Property Zoning District See attached Exhibit “A” for legal description; From: Office (O) To: Institutional (I) (REZ2022-03003) Ordinance No. 9576-22 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit A LUP2022-03003 & REZ2022-03003, 905 S Highland Avenue, 14-29-15-00000-340-0200 A parcel of land lying in the SE ¼ of the SW ¼ of Section 14, Township 29 South, Range 15 East, Pinellas County, Florida and being more particularly described as follows: Commence at the SW Corner of the SE ¼ of the SW ¼ of said Section 14, Township 29 South, Range 15 East; thence run N. 00 deg. 03 min. 29 sec. W., a distance of 772.88 feet to a POINT OF BEGINNING; thence N. 00 deg. 03 min. 29 sec. W. for a distance of 228.42 feet; thence S. 89 deg. 03 min. 55 sec. E. for a distance of 406.0 feet; thence S. 00 deg. 03 min. 29 sec. E. for a distance of 228.4 7 feet; thence N. 89 deg. 03 min. 22 sec. W. for a distance of 406.0 feet to the POINT OF BEGINNING, LESS the West 50.0 feet thereof for HIGHLAND AVENUE right-of-way. Exhibit “B” PROPOSED ZONING MAP Owner(s): YMCA OF THE SUNCOAST INC Case: LUP2022-03003 REZ2022-03003 Site: 905 S Highland Avenue Property Size(Acres): 1.86 Land Use Zoning PIN: 14-29-15-00000-340-0200 From: Residential/Office General (R/OG) Office (O) To: Institutional (I) Institutional (I) Atlas Page: 297A PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: June 21, 2022 AGENDA ITEM: F.4. CASE: REZ2022-03003 REQUEST: To amend the Zoning Atlas designation from the Office (O) District to the Institutional (I) District. GENERAL DATA: Owner ............................. Representative................. YMCA of the Suncoast Inc. Brian J. Aungst Location ......................... 905 S Highland Avenue, located on the east side of S Highland Avenue approximately 450 feet south of Druid Road Property Size................... 1.86 acres Background: This case involves a 1.86-acre vacant property located on the east side of S Highland Avenue approximately 450 feet south of Druid Road. The parcel, owned by YMCA of the Suncoast Inc., is currently vacant; however, the property was previously occupied by a nursing home that was demolished in 2006. YMCA of the Suncoast would like the option to construct a new smaller facility to replace their current one on the parcel directly to the south, which has been sold to the Learning Independence for Tomorrow (LIFT) School. This amendment would allow the applicant to develop the property with a facility built for delivery of social/public services and/or educational services, although no plans have been submitted at this time. The request is to change the property’s Zoning Atlas designation from the Office (O) District to the Institutional (I) District. A request to amend the future land use designation of the property from Residential/Office General (R/OG) to Institutional (I) is being processed concurrently with this case (see LUP2022-03003). Social and community centers are not a listed permitted use in the Office (O) District and would require submission of a Comprehensive Infill Redevelopment application. The proposed amendment would allow for the property to be developed with the clarity of institutional standards. Community Development Board – June 21, 2022 REZ2022-03003 - Page 2 of 8 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Vicinity Characteristics: Maps 1 and 2 show the general location of the property and an aerial view of the amendment area and its surroundings. Map 1 Map 2 Map 3 shows the existing surrounding uses. The property to the north and wrapping around to the east of the subject property is owned by the Salvation Army and includes the Social Services Department and a family medical practice. The property to the south is the current YMCA of the Suncoast location that has been sold and will be transitioning to the LIFT School. Across S Highland Avenue to the west there is residential use which includes detached dwellings. Further north along S Highland Avenue and across Druid Road additional residential uses are present. Map 3 Community Development Board – June 21, 2022 REZ2022-03003 - Page 3 of 8 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION As shown on Map 4, the abutting zoning district to the north, south, and east is institutional (I). Low Medium Density Residential (LMDR) exists across S Highland Avenue to the west and to the north along S Highland Avenue and across Druid Road. Map 4 REVIEW CRITERIA: Consistency with the Clearwater Comprehensive Plan and Community Development Code and Regulations [Sections 4-602.F.1] Recommended Findings of Fact: Applicable goal, objective and policies of the Clearwater Comprehensive Plan which support the proposed amendment include: Objective A.2.2 Future Land Use in the City of Clearwater shall be guided by the City’s Future Land Use Map, which shall be consistent with the Countywide Plan for Pinellas County (The Countywide Plan) including the Countywide Plan Map and shall be implemented through the City’s Community Development Code. Goal A.4 The City shall work toward a land use pattern that can be supported by the available community and public facilities that would be required to serve the development. Policy A.5.5.1 Development shall be designed to maintain and support the existing or envisioned character of the neighborhood. Community Development Board – June 21, 2022 REZ2022-03003 - Page 4 of 8 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Policy B.1.4.1 The City will continue to review potential trips generated by requests for amendment to the Future Land Use Map. Policy B.1.5.1 The City shall continue to review trips generated by land development projects through the Mobility Management System. Applicable section of the Community Development Code which supports the proposed amendment: Division 12, Institutional District, Section 2-1201. Intent and Purpose. The intent and purpose of the Institutional "I" District is to establish areas where public and private organizations can establish and operate institutions with a public interest in support of the quality of life of the citizens of the City of Clearwater without adversely impacting the integrity of adjacent residential neighborhoods, diminishing the scenic quality of the City of Clearwater or negatively impacting the safe and efficient movement of people and things within the City of Clearwater. The proposed Institutional (I) District is compatible with the surrounding institutional and single-family uses. The zoning districts consistent with the current Residential/Office General (R/OG) designation do not permit social and community center uses, which is the classification of the YMCA. As a result, a concurrent application for amendment to the Future Land Use Map is also being processed to change the land use designation of the property from Residential/Office General (R/OG) to Institutional (I) to allow social and community center uses (LUP2022-03003). Overall, the intensity of development allowed will be greater than what is permitted by the current Residential/Office General (R/OG) future land use designation and will be equal or similar to adjacent parcels to the north and south. Although there is potential for increased traffic generation with a change to Institutional use, S Highland Avenue has the capacity to support this increase. The expansion of institutional use does not directly abut residential uses, therefore concerns regarding character of the neighborhood and compatibility do not arise with this application. In addition, the proposal does not degrade the level of service for public facilities below the adopted standards (a detailed public facilities analysis follows in this report). Recommended Conclusion of Law: The request does not conflict with the goals, objectives, and policies of the Clearwater Comprehensive Plan and furthers said plan and the Community Development Code as indicated above. Compatibility with Surrounding Properties/Character of the City & Neighborhood [Section 4-602.F.2, 4-602.F.3 and Section 4-602.F.4] Recommended Findings of Fact: Existing surrounding uses consists of detached dwellings to the west across S Highland Avenue, and further north along S Highland Avenue and across Druid Road. The property to the north and wrapping around to the east of the subject property is owned by the Salvation Army and includes the Social Services Department and a family medical practice. To the south is the current YMCA of the Suncoast location but has been sold and will be transitioning to the LIFT School. Community Development Board – June 21, 2022 REZ2022-03003 - Page 5 of 8 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Recommended Conclusions of Law: The proposed expansion of the Institutional (I) zoning district would allow development that is in character with the zoning districts in the area. Further, the proposal is compatible with surrounding uses and consistent with the character of the surrounding properties and neighborhood. Sufficiency of Public Facilities [Section 4-602.F.5] Recommended Findings of Fact: Even though this is a Zoning Atlas Amendment application, maximum development potential is based on the underlying future land use, so to assess the sufficiency of public facilities needed to support potential development on the proposed property, the maximum development potential under the existing Future Land Use Map designation was analyzed. Table 1. Development Potential for Existing and Proposed FLUM Designation Existing FLUM Designation “R/OG” Proposed FLUM Designation “I” Net Change Site Area 1.86 AC (81,021 SF) 1.86 AC (81,021 SF) Maximum Development Potential 0 DUs / 83 Beds1 40,510 SF 0.50 FAR 0 DUs / 69 Beds2 52,664 SF 0.65 FAR 0 DUs / -14 Beds +12,154 SF +0.15 FAR Notes: 1. Residential uses are not permitted through the consistent Office (O) District; however, residential equivalent uses are permitted (3 beds per unit per acre). 2. Residential uses are not permitted through the consistent Institutional (I) District; however, residential equivalent uses are permitted (3 beds per unit per acre). Abbreviations: FLUM – Future Land Use Map DUs – Dwelling Units AC – Acres FAR – Floor Area Ratio SF – Square feet As shown in the table, there is an increase in maximum development potential of over 12,000 square feet. The following analysis compares the maximum potential development of the proposed Institutional (I) future land use developed with a 52,664 square foot non-residential use to the maximum development potential of the existing Residential/Office General (R/OG) future land use category developed with 40,510 square feet of non-residential use. Potable Water The change in development potential from this amendment would result in a decrease in potable water use of up to 1,763.6 gallons per day. This decrease is determined by taking the potential potable water utilization of the proposed land use developed with the maximum square footage allowed (5,266.4 gallons per day) and subtracting it from the potential usage of an office use built out at the maximum square footage permitted by the current land use designation (7,030 gallons per day). The City’s current potable water demand is 10.64 million gallons per day (MGD). The City’s adopted level of service (LOS) standard for potable water service is 120 gallons per day per capita, while the actual usage Community Development Board – June 21, 2022 REZ2022-03003 - Page 6 of 8 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION is estimated at 72 gallons per day per capita (2020 Annual Water Report). The City’s 10-year Water Supply Facilities Work Plan (2016-2026 Planning Period), completed October 2017, indicates that based on the updated water demand projections and other factors, the City has adequate water supply and potable water capacity for the 10-year planning horizon. Wastewater The change in development potential from this amendment would result in a decrease in wastewater use of up to 2,114 gallons per day. This decrease is determined by taking the potential wastewater utilization of the proposed land use developed with the maximum square footage allowed (4,213 gallons per day) and subtracting it from the potential usage of an office use built out at the maximum square footage permitted by the current land use designation (6,327 gallons per day). The subject property is served by the Marshall Street Water Reclamation Facility, which presently has excess permitted capacity estimated to be 4.82 million gallons per day. Therefore, there is excess sanitary sewer capacity to serve the amendment area. Solid Waste The change in development potential from this amendment would result in an increase in solid waste generated of up to 73.8 tons per year. This increase is determined by taking the utilization of the proposed land use developed with the maximum square footage allowed (142.2 tons per year) and subtracting it from the potential utilization of an office use built out at the maximum square footage permitted by the current land use designation (68.4 tons per year). Pinellas County handles all solid waste disposal at the Pinellas County Waste-to-Energy Plant and the Bridgeway Acres Sanitary Landfill which has significant capacity. Additionally, the city provides a full-service citywide recycling program which diverts waste from the landfill, helping to extend the lifespan of Bridgeway Acres. There is excess solid waste capacity to serve the amendment area. Parkland Under both the existing and proposed future land use, the LOS citywide will continue to exceed the adopted LOS of 4 acres per 1,000 residents. The city is currently providing 7.95 acres of parkland per 1,000 residents. The proposed future land use amendment will not impact the City’s adopted LOS for parkland acreage. Based on this impact analysis, the current provision of 7.95 acres of parkland per 1,000 would remain unchanged [Source: Parks and Recreation Facilities Impact Fee Study, prepared by Benesch (formerly Tindale Oliver) May 23, 2022]. Amending a property’s future land use or zoning designation does not have an immediate impact on the City’s Parks and Recreation system and parkland requirements. Impacts are felt when development occurs. This Zoning Atlas Amendment will have no additional impact on parkland. Community Development Board – June 21, 2022 REZ2022-03003 - Page 7 of 8 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Stormwater Site plan approval will be required before the property can be developed. At that time, the stormwater management system for the site will be required to meet all City and Southwest Florida Water Management District (SWFWMD) stormwater management criteria. Streets The subject property is located on the east side of S Highland Avenue approximately 450 feet south of Druid Road. To evaluate potential impacts on streets, the typical traffic impacts figure (trips per day per acre) in the Countywide Rules for the corresponding Countywide Plan Map categories (current and proposed) are compared. The current number of trips per day (165 trips) is calculated based on the per acre impact for the Office (O) category of 89 trips/day/acre. The proposed Countywide Plan Map category of Institutional (I) category has an impact of 192 trips/day/acre (357 trips); therefore, the proposed amendment could result in an increase of up to 192 trips per day. S Highland Avenue is a paved, two-lane divided road with sidewalks available on both sides of the roadway in the vicinity of the subject parcel. Although there is potential for an increase in the number of trips that could be generated from the proposed amendment, S Highland Avenue has the capacity available to serve these additional trips. Recommended Conclusions of Law: Based upon the findings of fact, the proposed change would decrease the demand on several public facilities including potable water, wastewater, parkland, and stormwater management; but would potentially see an increase in solid waste and traffic generation. However, this will not result in the degradation of the current levels of service for solid waste and streets. Location of District Boundaries [Section 4-602.F.6] Recommended Finding of Fact: The location of the proposed Institutional (I) District is logical and consistent with the boundaries of the subject property. Recommended Conclusion of Law: The district boundaries are appropriately drawn in regard to location and classifications of streets, ownership lines, existing improvements, and the natural environment. Community Development Board – June 21, 2022 REZ2022-03003 - Page 8 of 8 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION SUMMARY AND RECOMMENDATION: No amendment to the Zoning Atlas shall be recommended for approval or receive a final action of approval unless it complies with the standards contained in Section 4-602.F, Community Development Code. Table 2 below depicts the consistency of the proposed amendment with the standards under Section 4-602.F: Table 2. Consistency with Community Development Code Standards for Review CDC Section 4-602 Standard Consistent Inconsistent F.1 The proposed amendment is consistent with and features the goals, policies and objectives of the Comprehensive Plan and furthers the purposes of this Development Code and other city ordinances and actions designed to implement the plan. X F.2 The available uses to which the property may be put are appropriate to the property which is subject to the proposed amendment and compatible with existing and planned uses in the area. X F.3 The amendment does not conflict with the needs and character of the neighborhood and the city. X F.4 The amendment will not adversely or unreasonably affect the use of other property in the area. X F.5 The amendment will not adversely burden public facilities, including the traffic-carrying capacities of streets, in an unreasonably or disproportionate manner. X F.6 The district boundaries are appropriately drawn with due regard to locations and classifications of streets, ownership lanes, existing improvements and the natural environment. X Based on the foregoing, the Planning and Development Department recommends the following action: Recommend APPROVAL of the Zoning Atlas Amendment from the Office (O) District to the Institutional (I) District. Prepared by Planning and Development Department Staff: ________ Dylan Prins Planner ATTACHMENTS: Ordinance No. 9576-22 Resume Photographs of Site and Vicinity AERIAL PHOTOGRAPH Owner(s): YMCA OF THE SUNCOAST INC Case: LUP2022-03003 REZ2022-03003 Site: 905 S Highland Avenue Property Size(Acres): 1.86 Land Use Zoning PIN: 14-29-15-00000-340-0200 From: Residential/Office General (R/OG) Office (O) To: Institutional (I) Institutional (I) Atlas Page: 297A LOCATION MAP Owner(s): YMCA OF THE SUNCOAST INC Case: LUP2022-03003 REZ2022-03003 Site: 905 S Highland Avenue Property Size(Acres): 1.86 Land Use Zoning PIN: 14-29-15-00000-340-0200 From: Residential/Office General (R/OG) Office (O) To: Institutional (I) Institutional (I) Atlas Page: 297A EXISTING SURROUNDING USES MAP Owner(s): YMCA OF THE SUNCOAST INC Case: LUP2022-03003 REZ2022-03003 Site: 905 S Highland Avenue Property Size(Acres): 1.86 Land Use Zoning PIN: 14-29-15-00000-340-0200 From: Residential/Office General (R/OG) Office (O) To: Institutional (I) Institutional (I) Atlas Page: 297A Detached Dwellings Institutional Community Center Detached Dwellings PROPOSED ZONING MAP Owner(s): YMCA OF THE SUNCOAST INC Case: LUP2022-03003 REZ2022-03003 Site: 905 S Highland Avenue Property Size(Acres): 1.86 Land Use Zoning PIN: 14-29-15-00000-340-0200 From: Residential/Office General (R/OG) Office (O) To: Institutional (I) Institutional (I) Atlas Page: 297A LUP/REZ2022-03003 City of Clearwater 905 S Highland Avenue View looking east at subject property on S Highland Ave North of the subject property South of the subject property Across the street, to the west of the subject property View looking southerly along S Highland Ave View looking northerly along S Highland Ave Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9564-22 3rd rdg Agenda Date: 7/21/2022 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.1 SUBJECT/RECOMMENDATION: Adopt Ordinance 9564-22 on third reading, annexing certain real property whose post office address is 1272 Sedeeva Circle N., Clearwater, FL 33755, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 7/20/2022 Ordinance No. 9564-22 ORDINANCE NO. 9564-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF SEDEEVA CIRCLE N APPROXIMATELY 220 FEET WEST OF N BETTY LANE, WHOSE POST OFFICE ADDRESS IS 1272 SEDEEVA CIRCLE N, CLEARWATER, FLORIDA 33755, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owners of the real property described herein and depicted on the map attached hereto as Exhibit “A” have petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: The West 10 feet of Lot 4 and all of Lot 5, Floradel Sub-Division, according to the map or plat thereof, as recorded in Plat Book 15, Page(s) 7, of the Public Records of Pinellas County, Florida; (ANX2021-06011) The map attached as Exhibit “A” is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Community Development Coordinator are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 9564-22 PASSED ON FIRST READING (AS ORDINANCE NO. 9484-21) PASSED ON SECOND READING PASSED ON THIRD AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit "A" PROPOSED ANNEXATION MAP Owner(s): Paramount Court LLC Case: ANX2021-06011 Site: 1272 Sedeeva Circle N. Property Size(Acres): ROW (Acres): 0.186 Land Use Zoning PIN:03-29-15-28098-000-0050 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) LAKE 28098 80388 K L M O O G B C E 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 12345678910111213 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38394041424344 45 46 47 48 49 50 51 9 18 9 10 11 12 13 14 15 16 17 18 1920 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 151617181920 2122 26 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 2627 2829 4445 4647 55 56 7 8 8 22 U.S.A.VET.ADM. VAC 1 1 1 1 1 1 N BETTY LN STATE ST WOODLAWN TER SEDEEVA CIR N POINSETTA AVE CHENANGO AVE BERTLAND WAY SEDEEVA CIR SSHORE DR PINECREST WAY 197112781291124512571261130112651952 132512432024 1950128019491276128319541252 1329127812711942128712321273 1969 2021 1952 2025 132712901276126013101256126719471245 1295196312641234124612371235 19581249 1940 2022 19621231 12791287126712611274125612652020 123012662028 127412441275127012511960 12961260125312441288128412361938 12391240 1258127712711241127312871964 126819431233½12291998 12721992 129412901286128212741235131712351247 1941 1974 12262028 1946 1994 12851251 1249 20141300 12812020 12551937 2017 1245 1995 12951996128620301232 1940 19371234 1978 1969 1987 1283126612621997 2027 12371940 1979 2021 12772025 2026 2010 1273123312952022 2031 1961 1999 2026 12261261 12911944 1981 12332031 1257 2015 2024 12891244½-Not to Scale--Not a Survey-Rev. 6/9/2021 LOCATION MAP Owner(s): Paramount Court LLC Case: ANX2021-06011 Site: 1272 Sedeeva Circle N. Property Size(Acres): ROW (Acres): 0.186 Land Use Zoning PIN: 03-29-15-28098-000-0050 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) UNION ST KINGS HWY N BETTY LN DOUGLAS AVE IDLEWILD DR SUNSET POINT RD WOODLAWN TER PALM ST STATE ST BERMUDA ST POINSETTA AVE SEDEEVA CIR N ARBELIA ST THE MALL CHENANGO AVE ALOHA LN COLES RD N EVERGREEN AVE SEDEEVA CIR S MACOMBER AVE SHERIDAN RD OAKDALE WAY PINECREST WAY PROJECT SITE -Not to Scale--Not a Survey-Rev. 6/9/2021 AERIAL PHOTOGRAPH Owner(s): Paramount Court LLC Case: ANX2021-06011 Site: 1272 Sedeeva Circle N. Property Size(Acres): ROW (Acres): 0.186 Land Use Zoning PIN: 03-29-15-28098-000-0050 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) N BETTY LN N BETTY LN IDLEWILD DR IDLEWILD DR STATE ST STATE ST WOODLAWN TER WOODLAWN TER SEDEEVA CIR NSEDEEVA CIR N POINSETTA AVE POINSETTA AVE CHENANGO AVE CHENANGO AVE BERTLAND WAY BERTLAND WAY SEDEEVA CIR SSEDEEVA CIR SSHORE DR SHORE DR PINECREST WAY PINECREST WAY -Not to Scale--Not a Survey-Rev. 6/9/2021 EXISTING SURROUNDING USES MAP Owner(s): Paramount Court LLC Case: ANX2021-06011 Site: 1272 Sedeeva Circle N. Property Size(Acres): ROW (Acres): 0.186 Land Use Zoning PIN: 03-29-15-28098-000-0050 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) LAKE 28098 80388 K L M O O G B C E 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 12345678910111213 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38394041424344 45 46 47 48 49 50 51 9 18 9 10 11 12 13 14 15 16 17 18 1920 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 151617181920 2122 26 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 2627 2829 4445 4647 55 56 7 8 8 22 U.S.A.VET.ADM. VAC 1 1 1 1 1 1 N BETTY LN STATE ST WOODLAWN TER SEDEEVA CIR N POINSETTA AVE CHENANGO AVE BERTLAND WAY SEDEEVA CIR SSHORE DR PINECREST WAY 197112781291124512571261130112651952 132512432024 1950128019491276128319541252 1329127812711942128712321273 1969 2021 1952 2025 132712901276126013101256126719471245 1295196312641234124612371235 19581249 1940 2022 19621231 12791287126712611274125612652020 123012662028 127412441275127012511960 12961260125312441288128412361938 12391240 1258127712711241127312871964 126819431233½12291998 12721992 129412901286128212741235131712351247 1941 1974 12262028 1946 1994 12851251 1249 20141300 12812020 12551937 2017 1245 1995 12951996128620301232 1940 19371234 1978 1969 1987 1283126612621997 2027 12371940 1979 2021 12772025 2026 2010 1273123312952022 2031 1961 1999 2026 12261261 12911944 1981 12332031 1257 2015 2024 12891244½-Not to Scale--Not a Survey-Rev. 6/9/2021Single Family Residential Single Family Residential Single Family Residential Single Family Residential Park Single Family Residential ANX2021-06011 Paramount Court, LLC 1272 Sedeeva Circle N View looking north at subject property 1272 Sedeeva Circle N West of the subject property East of the subject property Across the street, to the south of the subject property View looking easterly along Sedeeva Circle N View looking westerly along Sedeeva Circle N Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9565-22 3rd rdg Agenda Date: 7/21/2022 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.2 SUBJECT/RECOMMENDATION: Adopt Ordinance 9565-22 on third reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1272 Sedeeva Circle N., Clearwater, FL 33755, upon annexation into the City of Clearwater, as Residential Urban (RU). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 7/20/2022 Ordinance No. 9565-22 ORDINANCE NO. 9565-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF SEDEEVA CIRCLE N APPROXIMATELY 220 FEET WEST OF N BETTY LANE, WHOSE POST OFFICE ADDRESS IS 1272 SEDEEVA CIRCLE N, CLEARWATER, FLORIDA 33755, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category The West 10 feet of Lot 4 and all of Lot 5, Floradel Sub-Division, according to the map or plat thereof, as recorded in Plat Book 15, Page(s) 7, of the Public Records of Pinellas County, Florida; Residential Urban (RU) (ANX2021-06011) The map attached as Exhibit "A" is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s Comprehensive Plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9564-22. Ordinance No. 9565-22 PASSED ON FIRST READING (AS ORDINANCE NO. 9485-21) PASSED ON SECOND READING PASSED ON THIRD AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit "A" PROPOSED FUTURE LAND USE MAP Owner(s): Paramount Court LLC Case: ANX2021-06011 Site: 1272 Sedeeva Circle N. Property Size(Acres): ROW (Acres): 0.186 Land Use Zoning PIN:03-29-15-28098-000-0050 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) LAKE 28098 80388 K L M O O G B C E 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 12345678910111213 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38394041424344 45 46 47 48 49 50 51 9 18 9 10 11 12 13 14 15 16 17 18 1920 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 151617181920 2122 26 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 2627 2829 4445 4647 55 56 7 8 8 22 U.S.A.VET.ADM. VAC 1 1 1 1 1 1 RU RU RU RU RU R/OS RU RM RU RU RU RMRU RU R/OS RM RURU RU N BETTY LN STATE ST WOODLAWN TER SEDEEVA CIR N POINSETTA AVE CHENANGO AVE BERTLAND WAY SEDEEVA CIR SPINECREST WAY 197112781291124512571261130112651952 13251243195012801949127612831954125212781271 1942128712321273 1969 2021 1952 12901276126013101256126712451295196312641234124612371235 19581249 1940 2022 19621231 1279126712611274125612652020 123012662028 127412441275127012511960 1296126012531244128812841236193812401258 127712711241127312871964 12681233½12291998 12721992 129412901286128212741235131712351247 2024 1941 1974 12262028 1946 1994 132912851251 1249 20141300 2025 132712812020 12551937 2017 1947 1245 1995 12951996128620301232 1940 19371234 1978 1969 1987 1283126612621997 12872027 12371940 1979 2021 12772025 2026 2010 1273123312952022 2031 1961 1999 2026 1239 12261261 12911944 1981 12332031 1257 2015 2024 1943 12891244½-Not to Scale--Not a Survey-Rev. 6/9/2021 LOCATION MAP Owner(s): Paramount Court LLC Case: ANX2021-06011 Site: 1272 Sedeeva Circle N. Property Size(Acres): ROW (Acres): 0.186 Land Use Zoning PIN: 03-29-15-28098-000-0050 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) UNION ST KINGS HWY N BETTY LN DOUGLAS AVE IDLEWILD DR SUNSET POINT RD WOODLAWN TER PALM ST STATE ST BERMUDA ST POINSETTA AVE SEDEEVA CIR N ARBELIA ST THE MALL CHENANGO AVE ALOHA LN COLES RD N EVERGREEN AVE SEDEEVA CIR S MACOMBER AVE SHERIDAN RD OAKDALE WAY PINECREST WAY PROJECT SITE -Not to Scale--Not a Survey-Rev. 6/9/2021 AERIAL PHOTOGRAPH Owner(s): Paramount Court LLC Case: ANX2021-06011 Site: 1272 Sedeeva Circle N. Property Size(Acres): ROW (Acres): 0.186 Land Use Zoning PIN: 03-29-15-28098-000-0050 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) N BETTY LN N BETTY LN IDLEWILD DR IDLEWILD DR STATE ST STATE ST WOODLAWN TER WOODLAWN TER SEDEEVA CIR NSEDEEVA CIR N POINSETTA AVE POINSETTA AVE CHENANGO AVE CHENANGO AVE BERTLAND WAY BERTLAND WAY SEDEEVA CIR SSEDEEVA CIR SSHORE DR SHORE DR PINECREST WAY PINECREST WAY -Not to Scale--Not a Survey-Rev. 6/9/2021 EXISTING SURROUNDING USES MAP Owner(s): Paramount Court LLC Case: ANX2021-06011 Site: 1272 Sedeeva Circle N. Property Size(Acres): ROW (Acres): 0.186 Land Use Zoning PIN: 03-29-15-28098-000-0050 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) LAKE 28098 80388 K L M O O G B C E 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 12345678910111213 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38394041424344 45 46 47 48 49 50 51 9 18 9 10 11 12 13 14 15 16 17 18 1920 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 151617181920 2122 26 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 2627 2829 4445 4647 55 56 7 8 8 22 U.S.A.VET.ADM. VAC 1 1 1 1 1 1 N BETTY LN STATE ST WOODLAWN TER SEDEEVA CIR N POINSETTA AVE CHENANGO AVE BERTLAND WAY SEDEEVA CIR SSHORE DR PINECREST WAY 197112781291124512571261130112651952 132512432024 1950128019491276128319541252 1329127812711942128712321273 1969 2021 1952 2025 132712901276126013101256126719471245 1295196312641234124612371235 19581249 1940 2022 19621231 12791287126712611274125612652020 123012662028 127412441275127012511960 12961260125312441288128412361938 12391240 1258127712711241127312871964 126819431233½12291998 12721992 129412901286128212741235131712351247 1941 1974 12262028 1946 1994 12851251 1249 20141300 12812020 12551937 2017 1245 1995 12951996128620301232 1940 19371234 1978 1969 1987 1283126612621997 2027 12371940 1979 2021 12772025 2026 2010 1273123312952022 2031 1961 1999 2026 12261261 12911944 1981 12332031 1257 2015 2024 12891244½-Not to Scale--Not a Survey-Rev. 6/9/2021Single Family Residential Single Family Residential Single Family Residential Single Family Residential Park Single Family Residential ANX2021-06011 Paramount Court, LLC 1272 Sedeeva Circle N View looking north at subject property 1272 Sedeeva Circle N West of the subject property East of the subject property Across the street, to the south of the subject property View looking easterly along Sedeeva Circle N View looking westerly along Sedeeva Circle N Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9566-22 3rd rdg Agenda Date: 7/21/2022 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.3 SUBJECT/RECOMMENDATION: Adopt Ordinance 9566-22 on third reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1272 Sedeeva Circle N., Clearwater, FL 33755, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 7/20/2022 Ordinance No. 9566-22 ORDINANCE NO. 9566-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF SEDEEVA CIRCLE N APPROXIMATELY 220 FEET WEST OF N BETTY LANE, WHOSE POST OFFICE ADDRESS IS 1272 SEDEEVA CIRCLE N, CLEARWATER, FLORIDA 33755, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: Property Zoning District The West 10 feet of Lot 4 and all of Lot 5, Floradel Sub-Division, according to the map or plat thereof, as recorded in Plat Book 15, Page(s) 7, of the Public Records of Pinellas County, Florida; Low Medium Density Residential (LMDR) (ANX2021-06011) The map attached as Exhibit "A" is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9564-22. Ordinance No. 9566-22 PASSED ON FIRST READING (AS ORDINANCE NO. 9486-21) PASSED ON SECOND READING PASSED ON THIRD AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit "A" PROPOSED ZONING MAP Owner(s): Paramount Court LLC Case: ANX2021-06011 Site: 1272 Sedeeva Circle N. Property Size(Acres): ROW (Acres): 0.186 Land Use Zoning PIN:03-29-15-28098-000-0050 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) LAKE 28098 80388 K L M O O G B C E 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 12345678910111213 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38394041424344 45 46 47 48 49 50 51 9 18 9 10 11 12 13 14 15 16 17 18 1920 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 151617181920 2122 26 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 2627 2829 4445 4647 55 56 7 8 8 22 U.S.A.VET.ADM. VAC 1 1 1 1 1 1 LMDR MDR OS/R MDRLMDR LMDR LMDR N BETTY LN STATE ST WOODLAWN TER SEDEEVA CIR N POINSETTA AVE CHENANGO AVE BERTLAND WAY SEDEEVA CIR SSHORE DR PINECREST WAY 197112781291124512571261130112651952 132512432024 195012801949127612831954125212781271128712321273 1969 2021 1952 2025 132712901276126013101256126719471245 1295196312641234124612371235 19581249 1940 2022 19621231 1279127412562020 123012662028 127412441275127012511960 12961260125312441288128412361938 12391240 1258127712711241127312871964 126819431233½12291998 12721992 129412901286128212741235131712351247 1941 1974 12262028 1946 1994 132912851251 1249 1942 20141300 12812020 12551937 2017 1245 1995 12951996128620301232 1940 19371234 1978 1969 1987 1283126612621997 1287126712612027 123712651940 1979 2021 12772025 2026 2010 1273123312952022 2031 1961 1999 2026 12261261 12911944 1981 12332031 1257 2015 2024 12891244½-Not to Scale--Not a Survey-Rev. 6/9/2021 LOCATION MAP Owner(s): Paramount Court LLC Case: ANX2021-06011 Site: 1272 Sedeeva Circle N. Property Size(Acres): ROW (Acres): 0.186 Land Use Zoning PIN: 03-29-15-28098-000-0050 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) UNION ST KINGS HWY N BETTY LN DOUGLAS AVE IDLEWILD DR SUNSET POINT RD WOODLAWN TER PALM ST STATE ST BERMUDA ST POINSETTA AVE SEDEEVA CIR N ARBELIA ST THE MALL CHENANGO AVE ALOHA LN COLES RD N EVERGREEN AVE SEDEEVA CIR S MACOMBER AVE SHERIDAN RD OAKDALE WAY PINECREST WAY PROJECT SITE -Not to Scale--Not a Survey-Rev. 6/9/2021 AERIAL PHOTOGRAPH Owner(s): Paramount Court LLC Case: ANX2021-06011 Site: 1272 Sedeeva Circle N. Property Size(Acres): ROW (Acres): 0.186 Land Use Zoning PIN: 03-29-15-28098-000-0050 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) N BETTY LN N BETTY LN IDLEWILD DR IDLEWILD DR STATE ST STATE ST WOODLAWN TER WOODLAWN TER SEDEEVA CIR NSEDEEVA CIR N POINSETTA AVE POINSETTA AVE CHENANGO AVE CHENANGO AVE BERTLAND WAY BERTLAND WAY SEDEEVA CIR SSEDEEVA CIR SSHORE DR SHORE DR PINECREST WAY PINECREST WAY -Not to Scale--Not a Survey-Rev. 6/9/2021 EXISTING SURROUNDING USES MAP Owner(s): Paramount Court LLC Case: ANX2021-06011 Site: 1272 Sedeeva Circle N. Property Size(Acres): ROW (Acres): 0.186 Land Use Zoning PIN: 03-29-15-28098-000-0050 From : Residential Urban (RU) R-4 One, Two & Three Family Residential Atlas Page: 251B To: Residential Urban (RU) Low Medium Density Residential (LMDR) LAKE 28098 80388 K L M O O G B C E 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 12345678910111213 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38394041424344 45 46 47 48 49 50 51 9 18 9 10 11 12 13 14 15 16 17 18 1920 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 151617181920 2122 26 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 2627 2829 4445 4647 55 56 7 8 8 22 U.S.A.VET.ADM. VAC 1 1 1 1 1 1 N BETTY LN STATE ST WOODLAWN TER SEDEEVA CIR N POINSETTA AVE CHENANGO AVE BERTLAND WAY SEDEEVA CIR SSHORE DR PINECREST WAY 197112781291124512571261130112651952 132512432024 1950128019491276128319541252 1329127812711942128712321273 1969 2021 1952 2025 132712901276126013101256126719471245 1295196312641234124612371235 19581249 1940 2022 19621231 12791287126712611274125612652020 123012662028 127412441275127012511960 12961260125312441288128412361938 12391240 1258127712711241127312871964 126819431233½12291998 12721992 129412901286128212741235131712351247 1941 1974 12262028 1946 1994 12851251 1249 20141300 12812020 12551937 2017 1245 1995 12951996128620301232 1940 19371234 1978 1969 1987 1283126612621997 2027 12371940 1979 2021 12772025 2026 2010 1273123312952022 2031 1961 1999 2026 12261261 12911944 1981 12332031 1257 2015 2024 12891244½-Not to Scale--Not a Survey-Rev. 6/9/2021Single Family Residential Single Family Residential Single Family Residential Single Family Residential Park Single Family Residential ANX2021-06011 Paramount Court, LLC 1272 Sedeeva Circle N View looking north at subject property 1272 Sedeeva Circle N West of the subject property East of the subject property Across the street, to the south of the subject property View looking easterly along Sedeeva Circle N View looking westerly along Sedeeva Circle N Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9589-22 2nd rdg Agenda Date: 7/21/2022 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.4 SUBJECT/RECOMMENDATION: Adopt Ordinance 9589-22 on second reading, 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. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 7/20/2022 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 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. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9590-22 2nd rdg Agenda Date: 7/21/2022 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.5 SUBJECT/RECOMMENDATION: Adopt Ordinance 9590-22 on second reading, amending the Capital Improvement Budget for the fiscal year ending September 30, 2022, to reflect an increase of $12,724,924. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 7/20/2022 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 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. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9597-22 2nd rdg Agenda Date: 7/21/2022 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.6 SUBJECT/RECOMMENDATION: Continue to August 4, 2022: Adopt Ordinance 9597-22 on second reading, calling for an election to be held on November 8, 2022 on a proposed amendment to the City Charter to allow the City to negotiate the development and sale of certain unoccupied properties in the downtown core for the purpose of creating a vibrant, mixed-use development consisting of apartments, hotel and commercial space including restaurant dining, cafes, and event space, activating the area adjacent to Coachman Park. SUMMARY: Page 1 City of Clearwater Printed on 7/20/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0693 Agenda Date: 7/21/2022 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Office of Management & Budget Agenda Number: 11.1 SUBJECT/RECOMMENDATION: Adopt a tentative millage rate of 5.9550 mills for fiscal year 2022/23; set public hearing dates on the budget for September 15, 2022 and September 29, 2022, to be held no earlier than 6:00 p.m., and schedule a special work session on August 4, 2022, at 3:00 p.m. to fully discuss the proposed budget. SUMMARY: In accordance with the Truth in Millage (TRIM) process, the City Council must adopt a tentative millage rate and set public hearing dates prior to finalizing and adopting a budget. This information must be provided to the Pinellas County Property Appraiser and Tax Collector by August 2, 2022. The City's proposed millage rate and public hearing dates will be included on the TRIM notices mailed to taxpayers in August. This tentative rate cannot be increased without first-class mailing notification to each taxpayer at the expense of the City of Clearwater, not less than 10 days and not more than 15 days before the public hearing. The City Manager's recommended millage rate is 5.9550 mills, the same as the current year. This rate is 11.80% more than the rolled back rate of 5.3264 mills. The rolled-back rate is the millage rate that will provide the City with the same property tax revenue as was levied in the prior year. If the proposed millage rate of 5.9550 mills is adopted, the City's ordinance adopting the millage rate will reflect an 11.80% increase from the rolled-back rate of 5.3264 mills. The proposed millage rate as well as other TRIM millage rates will be noted on the 2022 compliance forms as follows: 5.9550 mills - Tentative millage rate 5.3264 mills - Rolled-back millage rate 6.1675 mills - Maximum majority vote rate 6.7843 mills - Maximum two-thirds vote rate A special budget work session is being scheduled for Thursday, August 4, 2022, at 3:00 p.m. to fully discuss the proposed budget. Page 1 City of Clearwater Printed on 7/20/2022 |1CITY OF CLEARWATER ANNUAL OPERATING & CAPITAL IMPROVEMENT BUDGET myclearwater.com Fiscal Year 2022/23 |2CITY OF CLEARWATER Key points: •Balanced budget for fiscal year 2022/2023 •Same millage rate as the current year •Restored revenues, property value growth •Department reorganization: Public Works, Office of Innovation •Additional FTE’s –net increase of 33.8 •Wage adjustments to align with market •Focused on maintaining current facilities and services •Looking to the future: Imagine Clearwater completion, bluff development |3CITY OF CLEARWATER Total Budget (All City Operations) Amended FY 2021/22 Proposed FY 2022/23 % Inc/(Dec) $628,775,509 $652,415,095 4% |4CITY OF CLEARWATER All Funds Fund Amended FY 2021/22 Proposed FY 2022/23 Increase/ (Decrease) General Fund $ 178,938,624 $ 184,629,760 3% Utility Funds 217,977,385 205,890,040 (6%) Enterprise Funds 16,320,112 27,316,370 67% Internal Service Funds 71,052,954 77,754,940 9% Special Revenue Funds 23,526,315 31,311,805 33% Capital Fund 120,960,119 125,512,180 4% |5CITY OF CLEARWATER $0 $3 $6 $9 $12 $15 $18 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 $7.5 $7.7 $8.7 $10.2 $11.9 $13.4 $15.2 Taxable Property Values Billion |6CITY OF CLEARWATER Millage Rate •A “mill” is the property tax levy of $1 per $1,000 of taxable property value •Current Millage Rate 5.9550 mills •Proposed Millage Rate 5.9550 mills •(11.8% greater than rolled-back rate) •The rolled-back rate is the millage rate that will provide the same revenues as prior year if applied to the current tax roll (after adjusting for new construction) •Rolled-back Rate 5.3264 mills |7CITY OF CLEARWATER $0 $10 $20 $30 $40 $50 $60 $70 $80 $90 $37.2 $40.8 $46.6 $63.8 $71.9 $76.2 $86.1 Ad Valorem Tax Revenues Million |8CITY OF CLEARWATER General Fund Revenues Source Amended FY 21/22 Proposed FY 22/23 Inc/(Dec) Ad Valorem Tax $ 72,648,340 $ 81,964,710 13% Utility Taxes 17,270,000 17,890,000 4% Other Taxes 6,080,000 6,430,000 6% Franchise Fees 10,527,550 11,000,000 4% Intergovernmental 24,399,380 28,768,720 18% Charges for Service 15,799,810 17,218,270 9% Transfers In 11,425,143 12,456,960 9% All Other Revenue 7,356,726 8,901,100 21% Transfer (to)/from Surplus 13,431,675 TOTAL $ 178,938,624 $184,629,760 3% |9CITY OF CLEARWATER General Fund –Revenues Ad Valorem 44% Intergovernmental 15.5%Utility Taxes 10% Franchise and Other Tax 9.5% Charges for Service 9% Transfers In 7% Other/Misc.5% $184.6 Million |10CITY OF CLEARWATER General Fund Expenditures Department Amended FY 21/22 Proposed FY 22/23 Inc/(Dec) Police $ 50,129,397 $ 53,505,918 7% Fire 31,289,534 33,798,143 8% Parks & Recreation 37,206,825 38,813,462 4% Library 8,416,841 9,525,675 13% Planning & Development 7,457,846 7,605,355 2% Public Works 8,492,000 13,090,943 54% Non-Departmental 21,494,351 11,763,576 (45%) All Other Departments 14,451,830 16,526,688 14% TOTAL $ 178,938,624 $ 184,629,760 3% |11CITY OF CLEARWATER General Fund –Expenditures By Department Police 29% Fire / EMS 18.5% Parks & Recreation 21% Library 5% Planning & Development 4% Public Works 7% Non-Departmental 6.5% Admin/Other 9% Public Safety 47.5% $184.6 Million |12CITY OF CLEARWATER General Fund -By Category Personnel 60.5% Operating 16% Internal Service 12% Interfund Transfers 10% Debt and Capital 1.5% $184.6 Million |13CITY OF CLEARWATER 1,685.5 1,709.7 1,790.3 1,834.6 1,840.0 1,848.7 1,882.5 0.0 200.0 400.0 600.0 800.0 1,000.0 1,200.0 1,400.0 1,600.0 1,800.0 2,000.0 Full Time Equivalent Positions (All Funds) |14CITY OF CLEARWATER Additional FTEs Proposed Category General Fund Other Funds Total Accountability Audit, Fire (Payroll), Planning, Information Technology, Marine and Aviation 4.0 4.0 8.0 Operational Efficiency –CM Initiative Office of Innovation –neighborhoods, sustainability Public Works Human Resources –training City Clerk –grant coordination Economic Development –real estate 16.0 0.0 16.0 New Capital Parks & Recreation –Downtown Core Maintenance and Programming (Imagine Clearwater, Cleveland Streetscape) 18.8 0.0 18.8 |15CITY OF CLEARWATER Additional FTEs Proposed Category General Fund Other Funds Total Increased Levels of Service Library –Increased hours at North Greenwood Branch Parks & Recreation –Custodial Team, Juvenile Welfare Board programs Police –Officers to support increased service demands Marine & Aviation –Additional after-hours security, increased peak-hour staffing 16.7 3.3 20.0 Total –New FTEs 55.5 7.3 62.8 Reduced FTEs; Positions Repurposed Positions vacant in excess of one year, reclassed between funds (11.0)(18.0)(29.0) Net change in FTEs (from FY22)44.5 (10.7)33.8 |16CITY OF CLEARWATER Capital Improvement Fund Utility Operations 44% General Government 26%Internal Service 10% Small Enterprise 20% $125.5 Million |17CITY OF CLEARWATER Special Budget Work Session Thursday, August 4 –3 p.m. |18CITY OF CLEARWATER Public Hearings Thursday, September 15 –6 p.m. Thursday, September 29 –6 p.m. |19CITY OF CLEARWATER ANNUAL OPERATING & CAPITAL IMPROVEMENT BUDGET myclearwater.com Fiscal Year 2022/23 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9596-22 Agenda Date: 7/21/2022 Status: City Manager ReportVersion: 1 File Type: OrdinanceIn Control: Finance Agenda Number: 11.2 SUBJECT/RECOMMENDATION: Amend Clearwater Code of Ordinances, Chapter 2, Article VI, Division 3, Purchasing, revising Section 2.542, Section 2.554, Section 2.561, and Section 2.563; and Division 4, Disposal and Disposition of Surplus Tangible Personal Property, revising Section 2.623; and pass Ordinance 9596-22 on first reading. SUMMARY: Staff is proposing the following changes to update procurement code procedures and authorization thresholds, as well as updating the required dollar threshold for city council approval of the disposal of surplus property. The procurement code provides an exception from competitive bidding for micro purchases, which are purchases of commodities and services with a value of $2,500 or less. An increase in the micro purchase threshold from the current level of $2,500 to $10,000 is proposed. The $2,500 level has been in place since 2001 and the increase is requested due to rising costs and other economic factors that support an expedited and efficient procurement process. Similarly, the City Manager’s authorization level for disposition of surplus tangible personal property has been $5,000 for more than 20 years. Staff is requesting that the City Manager authorization be increased to $50,000. Dispositions in excess of $50,000 will require city council approval. Other minor changes and updates to the ordinance include clarification that contracts for commodities should not exceed five years, an updated description of requirements for performance and payment bonds, and other non-substantive updates to ordinance terminology. Page 1 City of Clearwater Printed on 7/20/2022 1 ORDINANCE NO. 9596-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING CODE OF ORDINANCES, CHAPTER 2, ARTICLE VI, DIVISION 3, PURCHASING; AMENDING SECTION 2.542 TO CHANGE DEFINITIONS; AMENDING SECTION 2.554 TO INCREASE APPROVAL AUTHORITY FOR DEPARTMENT DIRECTORS, TO CLARIFY CONTRACT REQUIREMENTS; AMENDING 2.561 TO CLARIFY PERFORMANCE AND PAYMENT BOND REQUIREMENTS, TO CHANGE SMALL PURCHASE MONETARY THRESHOLD; AMENDING SECTION 2.563 TO INCREASE MICRO PURCHASE MONETARY THRESHOLD; AMENDING CODE OF ORDINANCES, CHAPTER 2, ARTICLE VI, DIVISION 4, DISPOSAL AND DISPOSITION OF SURPLUS TANGIBLE PERSONAL PROPERTY; AMENDING SECTION 2.623 TO INCREASE DISPOSAL AUTHORITY FOR SURPLUS SALES OFFICER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Division 3 of Article VI, Chapter 2 governs the purchasing procedures for the acquisition of commodities, services, and construction, and the expenditure of those funds; WHEREAS, Division 4 of Article VI, Chapter 2 governs the disposal and disposition of surplus personal property; WHEREAS, the purchasing code provides an exception from competitive bidding for micro purchases, which are purchases of commodities or services with a value of $2,500.00 or less; WHEREAS, the monetary threshold for micro purchases has remained the same for more than 20 years; WHEREAS, it is necessary to increase the micro purchase monetary threshold due to rising costs and other economic factors that have occurred during that time; WHEREAS, Division 4 authorizes the surplus sales officer to dispose of surplus tangible property with a value of $5,000.00 or less; WHEREAS, the disposal authority for the surplus sales officer has remained the same for more than 20 years; WHEREAS, it is necessary to increase the surplus sales officer’s disposal authority for better operational efficiency of city departments; WHEREAS, other changes to the procurement code are needed to clarify procedures and best practices; 2 WHEREAS, the City Council determines that the adoption of this Ordinance to be in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA, THAT: Section 1: Division 3 of Article VI, Chapter 2, Code of Ordinances, is amended as follows: DIVISION 3. PURCHASING Subdivision I. Generally. Sec. 2.542. Definitions. ***** Micro purchase means the purchase of commodities or services with a value of $10,000.00 two thousand five hundred dollars ($2,500.00) or less. ***** Small purchase means the purchase of commodities or services with a value of more than $10,000.00 $2,500.00 but less than or equal to $50,000.00. Sec. 2.554. Authority for purchases of commodities, services, and construction. (1) Generally. (a) All contracts or other documents related to the procurement of commodities, services, construction, or the obligation of city funds, shall be facilitated by or through the procurement division. The procurement division is authorized to establish procedures governing the processing of all contracts. (b) Purchases of commodities, services, construction, or the obligation of city funds, where the cumulative total value per fiscal year exceeds $100,000.00 per vendor, for similar commodities or services, shall be approved by the city council prior to the signing of any contract or other related documents. (c) Signature authority for all contracts or other documents specified in section 2.554(1)(b) shall be designated by the city council. Signature authority for the purchase of commodities, services, or construction where the cumulative total value per fiscal year is $100,000.00 or less is delegated to the city manager, as purchasing agent, or designee. 3 (d) As set forth herein, the city council delegates limited authority to the city manager and department directors relating to the purchase of commodities, services, or construction for the city, in compliance with federal and state laws, city code, administrative rules, procedures, and guidelines. (e) All purchases, unless specifically authorized or delegated under this Code, must be approved in advance by the city council. No person, unless specifically authorized or delegated under this Code, may make any purchase or enter into any contract involving the use of city funds. Payment for any unauthorized purchase may be the responsibility of the person placing the order. (f) Multi-year contracts are encouraged when it is determined to be advantageous to the city. All multi-year contracts must contain a provision that allows the city to terminate the obligation with 30 days' advance notice based on a limitation of funding availability, unless otherwise determined by the purchasing agent to be in the city's best interest. (g) Competitive solicitations for the purchase of commodities should be issued and reissued every five (5) years. Contracts, including the initial term and any renewals, for the purchase of commodities should not exceed five (5) years, unless otherwise determined by the purchasing agent to be in the city’s best interest. ***** (4) Department directors. Department directors may issue and approve direct disbursements, utilize purchasing cards, or purchase commodities and services up to $10,000.00 $2,500.00 per purchase. Department directors may not divide the approval of the purchases of commodities or services to avoid this delegated monetary threshold. ***** (6) Amendments Change orders. Following the award of a contract by the city council, the city manager may approve and execute written amendments change orders without city council approval, subject to the following: (a) The city manager may increase any contract up to a total award of $100,000.00. 4 (b) The city manager may approve any increase of contract up to a maximum of ten percent over the most recent award of the city council. (c) No contract price increase shall be approved unless sufficient funds are available for such purpose. (d) Contract price decreases may be approved without limitation. (e) The time for completion for construction projects may be extended up to 90 days, in any one change or cumulatively for the same project, beyond the most recent city council approved completion time. Subdivision III. Source Selection and Contract Formation Sec. 2.561. Methods of source selection. ***** (2) Competitive sealed bidding. Except as otherwise provided in this division, the purchase of commodities, services, or construction of an estimated value over $50,000.00 shall be by written contract with the vendor submitting the lowest responsive and responsible bid whose bid has been solicited, received, and approved pursuant to the following procedures: (a) Invitation to bid (ITB). An invitation to bid shall be requested from three or more vendors for commodities, services, or construction when the estimated value exceeds $50,000.00. Award through this process is based solely on bids received and is not subject to negotiation following bid opening. The contract may not be divided to avoid this monetary threshold. An invitation to bid must include a purchase description of the commodities, services, or construction sought; the time and date for the receipt of bids and the public opening; and all contractual terms and conditions applicable to the procurement, including the criteria to be used in determining acceptability of the bid. If the city contemplates renewal of the contract, that fact must be stated in the ITB. In the alternative, the city council or designee may award to the responsive, responsible bidder offering the lowest cost as the primary awardee and the next responsive, responsible bidder offering the next lowest cost as an alternate awardee(s), meeting all specifications, terms, and conditions. Nothing herein is meant to prevent multiple awards to the responsive and responsible bidders when such multiple awards are clearly stated in the bid solicitation documents. In the case of identical responsive and responsible bids, the decision as to the winning bid(s) must be made in accordance with the terms contained in the competitive solicitation. 5 (b) Notice inviting bids. Notice for an invitation to bid shall be published at least 21 days prior to the bid opening date. Publication may be accomplished on the city's website, a newspaper of general circulation, or other means. (c) Notice inviting bids for construction projects. Construction projects with an estimated cost of $500,000.00 or less shall be published at least 21 days prior to the established opening date and at least five days prior to any scheduled pre-bid conference. Construction projects exceeding $500,000.00 shall be published at least 30 days prior to the established opening date and at least five days prior to any scheduled pre-bid conference. Publication may be accomplished on the city's website, a newspaper of general circulation, or other means. (d) Security (bid bonds). When the estimated cost of a construction contract is $150,000.00 or higher, or when otherwise deemed necessary by the city manager, security in the form of a bid bond issued by a surety company licensed to do business in Florida or a cash bond in an amount equal to ten percent of the bid shall be prescribed in the public notices inviting bids. A vendor shall forfeit a bid security upon a refusal or failure to execute the contract within ten days after the notice of award of contract has been posted on the city's website unless the city is solely responsible for the delay in executing the contract. The city council may, upon the refusal or failure of the vendor to execute the contract, award the contract to the next lowest vendor. In such event, the amount of the forfeited security shall be applied by the city to the contract price differential between the lowest bid and second lowest bid, and the surplus, if any, shall be returned to the forfeiting vendor. (e) Performance and payment bonds. When the estimated cost of a construction contract is $150,000.00 or higher, or when otherwise deemed necessary by the city manager, a performance bond and a payment bond is required. The security must be provided in accordance with the minimum requirements of F.S. Section 255.05. The bonds shall be issued by a surety insurer authorized to do business in Florida and in an amount equal to 100 percent of the price specified in the contract. Nothing in this subsection shall be construed to limit the authority of the city to require additional security. A performance bond and a payment bond, or a "contract bond" combining the elements of a performance and a payment bond, issued by a surety company licensed to do business in Florida, may be required before entering in a contract, in an amount at least equal to the contract price or such higher amount as may be found necessary to protect the best interests of the city except in limited circumstances, such as incremental services contracts or blanket purchase orders, where it has been determined by the city manager that the potential liability resulting from 6 the performance or payment under the contract is an amount less than the full contract price. The city manager shall approve the requirement of a bond for less than the full contract price before proceeding with the bid process. If such bond is required, the form and amount of the bond shall be described in the notice inviting bids. Bonds required hereunder shall be subject to all other provision of this division and Code. (f) Security in lieu of performance and payment bonds. In lieu of the bond required by this section, a vendor may file with the city, an alternative form of security in the form of cash, money order, certified check, cashier's check, irrevocable letter of credit, or a security of a type listed in F.S. Ch. 625. Any such alternative form of security shall be for the same purpose and be subject to the same conditions as those applicable to the bond required herein. The determination of the value of the alternative form of security shall be made by the purchasing agent or designee. (g) Bid opening procedures. Sealed written bids shall be returned to the city and identified as bids on the envelope, together with other information as may be specified in the invitation to bid. Bids shall be opened publicly, in the presence of one or more witnesses, on the time and at the time and place stated in the public notices. A tabulation of all bids received, including the amount of each bid, the name of each bidder, and such other relevant information as may be specified, shall made available to the public as required by law. ***** (5) Small purchases. Purchases of commodities or services with a value of more than $10,000.00 $2,500.00 but less than or equal to $50,000.00 require competition. Purchases may not be divided to avoid this monetary threshold. Small purchases will follow the following procedures: (a) Quotations. Quotations shall be obtained from at least three vendors. Small purchases shall be awarded to the lowest responsive and responsible vendor whose quotation provides best value to the city. (b) Notice inviting quotations. Quotations shall be solicited either by written request or orally. Acceptable means include but are not limited to facsimile transmissions, electronic mail, telephone, in person, internet, or through an approved electronic procurement or supplier relationship management system. (c) Sealed written quotations. In the event the procurement manager determines that sealed written quotations are in the best interest of the city, quotations received shall be opened in public at the time and place designated in the notice inviting quotations. 7 (d) Award of contract. Except as otherwise provided in this subdivision, each contract shall be awarded to the lowest responsible and responsive vendor. ***** Sec. 2.563. Exceptions to the competitive process. (1) The competitive bidding requirements set forth in this division may be waived when one of the following conditions exist: ***** (b) Micro purchases. Purchases of commodities or services with a value of $10,000.00 $2,500.00 or less do not require competition. i. Departments will attempt to obtain the lowest price available, consistent with time and effort involved. ii. Whenever possible, the purchase shall be made using a purchasing card or direct disbursement. iii. If necessary, a purchase order for a micro purchase may be requested through the procurement division. ***** Coding: Words in strikeout type are deletions from existing text. Words in underline type are additions. Section 2: Division 4 of Article VI, Chapter 2, Code of Ordinances, is amended as follows: Sec. 2.623. Disposal and disposition of surplus tangible personal property. (1) The surplus sales officer may classify as surplus any tangible personal property owned by the city, provided that such property is not otherwise lawfully disposed, when that property is determined to be obsolete, or the continued use of the property is uneconomical or inefficient, or the property serves no useful function to the city. (2) Tangible personal property that is excess to department needs must enter the surplus disposal process and shall be disposed in the manner prescribed by F.S. Ch. 274. 8 (3) Initial efforts will be made to redistribute any tangible personal property to other city facilities or departments. (4) In accordance with F.S. § 274.06, after the initial efforts to redistribute are exhausted, tangible personal property may be disposed as follows: (a) If the property is without commercial value, it may be donated, destroyed, traded, abandoned, or otherwise disposed at the discretion of the surplus sales officer. (b) If the market value of the property to be disposed is not estimated to exceed the current fixed asset control level, it may be donated, destroyed, abandoned, or otherwise disposed at the discretion of the surplus sales officer. (c) At the discretion of the surplus sales officer, tangible personal property may be offered without bids to the state, any governmental unit, or any political subdivision of the state. (5) Tangible personal property not disposed by the methods described in sections 2.623(3) or 2.623(4), and valued at $50,000.00 $5,000.00 or less, whether single item or batch of common bulk items shall be sold through public auction or open market sales, pursuant to the following procedure: (a) Minimum number of bids. Open market sales shall, whenever possible, be based on at least three bids and shall be awarded to the highest responsible bidders. (b) Notice inviting bids. Bids shall be solicited either by written request to prospective buyers or by telephone. (c) Rejection of bids. The surplus sales officer may: i. Reject all bids; or ii. Reject all bids and reobtain bids pursuant to the procedures prescribed in this section. (d) Award of contracts. Except as otherwise provided in this division, each contract for the sale of surplus property as authorized by this subsection (5) shall be awarded by the city manager to the highest responsible bidder. (6) Tangible personal property not disposed by the methods described in sections 2.623(3) or 2.623(4), and valued at more than $50,000.00 $5,000.00, whether single item or batch of common bulk items shall be sold through public auction or open market sales, pursuant to the following procedure: (a) Notice inviting bids (open market only). Notices inviting bids shall be published and shall include a general description of the items to be sold, shall state where 9 bid blanks and all specifications may be obtained, and shall state the time and place for opening of bids. (b) Bid opening procedures (open market only). Sealed written bids shall be returned to the procurement division and shall be identified as bids on the envelope. Bids shall be opened in public at the time and place stated in the public notices. A tabulation of all bids received shall be made available to the public. (c) Rejection of bids (open market only). The surplus sales officer may: i. Reject all bids; or ii. Reject all bids and readvertise for bids pursuant to the procedures prescribed in this section. (d) Award of contracts. Except as otherwise provided in this division, each contract for the sale of surplus property as authorized by this subsection (6) shall be awarded by the city council to the highest responsible bidder. (7) The bidding requirements set forth in this division may be waived when one or more of the following conditions exist: (a) The market value of items to be disposed is not estimated to exceed the current fixed asset control level and may be disposed as the surplus sales officer deems necessary. (b) The surplus sales officer determines that the items can be sold or otherwise disposed through only one source. (c) Local, state, or federal law requires that the items be disposed via public auction. (d) The surplus sales officer determines that a donation to charitable/not-for-profit organizations is in the best interest of the city. (e) The department director recommends trade-in as being in the best interest of the city. (8) When authorized or required, the surplus sales officer may utilize the services of auctioneers at city facilities, provider facilities, or online auctions. (9) When the tangible personal property being disposed was purchased through a federal, state, or other grant or award, the surplus sales officer shall ensure that any disposal requirements contained in the grant or award are met. 10 (10) When property being disposed includes electronic equipment with data storage capabilities, disposal shall be through a provider capable of ensuring and providing a certificate of complete data destruction for such equipment. Coding: Words in strikeout type are deletions from existing text. Words in underline type are additions. Section 3: Should any of the clauses, sentences, paragraphs, sections, or parts of this Ordinance be deemed invalid, unconstitutional, or unenforceable by a court of law or administrative agency with jurisdiction over the matter, such action shall not be construed to affect any other valid portion of this Ordinance. Section 4: This Ordinance shall become effective immediately upon adoption by City Council. PASSED ON FIRST READING ____________________ PASSED ON SECOND AND FINAL ____________________ READING AND ADOPTED ____________________________ Frank Hibbard Mayor 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#22-0651 Agenda Date: 7/21/2022 Status: City Manager ReportVersion: 1 File Type: ResolutionIn Control: Marine & Aviation Agenda Number: 11.3 SUBJECT/RECOMMENDATION: Authorize the Marine and Aviation Director to apply for and administer the Florida Fish and Wildlife Conservation Commission (FWC) Sportfishing Restoration / Florida Boating Infrastructure Grant(s) on behalf of the City of Clearwater, for Capital Improvements Project (C1905), Clearwater Beach Marina and adopt Resolution 22-16. SUMMARY: On October 7, 2021, Clearwater City Council Authorized the Marine and Aviation Department to proceed with the design and engineering phase of the Clearwater Beach Marina Replacement Project (Project # 21-0008-MA). The last comprehensive renovation to this marina took place in 1977. This extensive project involves the complete replacement of all utilities, docks, and fueling facilities at the Clearwater Beach Marina. Part of the scope of work for the Design and Engineering Team, Moffatt & Nichol, involved identification of potential grant funding sources applicable to the project. Accordingly, there are potential Florida Fish and Wildlife Conservation Commission (FWC) grant opportunities available that could finance portions of the project related to transient boaters and the general boating public. The FWC application process requires a City Council Resolution authorizing a representative of the City to apply for and administer these grants. If adopted by council resolution, the Marine and Aviation Director, Eric Gandy, would be authorized to act on behalf of the City to apply for and administer the applicable grants. The resolution would also reflect the Council’s commitment to entering into a twenty-year agreement for the maintenance and operation of the project(s). This resolution allows for the application. If the City is chosen as a grant recipient, the grant would be presented to Council for approval. Page 1 City of Clearwater Printed on 7/20/2022 1 RESOLUTION NO. 22-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA AUTHORIZING THE MARINE & AVIATION DEPARTMENT DIRECTOR TO APPLY FOR AND ADMINISTER THE SPORT FISH RESTORATION/FLORIDA BOATING INFRASTRUCTURE GRANT(S) ON BEHALF OF THE CITY OF CLEARWATER, THE GOVERNING BODY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida Fish and Wildlife Conservation Commission (FWC) requires the City Council, as the Governing Body, of the City of Clearwater to adopt a resolution authorizing a City Official to apply for and administer the Sport Fish Restoration/Florida Boating Infrastructure Grant(s) on the City's behalf; and WHEREAS, the passage of this resolution would reflect the City Council's willingness and desire to enter into a 20-year agreement for the maintenance and operation of the Clearwater Beach Marina project (the “Project”) at such time that the grant is awarded; and WHEREAS, the Project would involve utilizing grant funds to make much needed improvements to the Clearwater Beach Marina to include the replacement of all docks, utilities, and fueling facilities, servicing transient vessels and the boating public at large; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Council hereby authorizes the Marine & Aviation Department Director, Eric Gandy, to apply for and administer the Sport Fish Restoration/Boating Infrastructure Grant(s) on behalf of the City of Clearwater, the Governing Body. The City Council is willing to enter into a 20-year agreement for the maintenance and operation of the Project at such time as the grant(s) is/are awarded. Section 2. This resolution shall take effect immediately upon adoption. 2 PASSED ON FIRST READING AND ADOPTED ________________ ___________________________ By: __________________________ Frank Hibbard Jon P. Jennings Mayor City Manager Approved as to form: Attest: ___________________________ ________________________________ Matthew J. Mytych, Esq. Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9597-22b Agenda Date: 7/21/2022 Status: Attorney ReportVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 12. 1 SUBJECT/RECOMMENDATION: Call for an election on November 8, 2022 to present a referendum question to the city electors amending the Charter of the City to allow the redevelopment and sale of two certain unoccupied properties in the downtown core and pass Ordinance 9597-22 on first reading. SUMMARY: On May 5, 2022, City Council directed the City Manager and City Attorney to take all necessary actions to identify a redevelopment concept and team(s) for the former City Hall site and former Harborview Center site to present to Clearwater voters for consideration at a November 8, 2022, referendum. Staff recommended disposition of the properties through an open call for development concepts and adoption of a development agreement to better define and manage the long-term redevelopment of the sites. The City of Clearwater has adopted a community redevelopment plan entitled the 2018 Clearwater Downtown Redevelopment Plan, which contemplates the area generally referred to as Downtown Clearwater as a community redevelopment area. Pursuant to Florida Statute § 163.380(3)(a), the City released a Call for Development Concepts #28-22 by publication in a newspaper having a general circulation in Clearwater, Florida. The solicitation closed on June 9, 2022. The solicitation was designed to identify opportunities to redevelop the former City Hall, which is unoccupied, and the former Harborview Center, which is vacant land. Both properties are located within the downtown core, and within the community redevelopment area. After reviewing each of the three responses, on June 16, 2022 the City Council unanimously selected Gotham Property Acquisitions and The DeNunzio Group as the City’s development partners for these properties. When selling city property, the Clearwater City Charter normally requires the City to sell the property to the highest bidder at a public auction. Although the City can impose terms or restrictions relating to bidding, a public auction could result in the purchase of these properties by a person or entity who would leave the properties vacant, or use the properties in a way that is undesirable for Clearwater residents. In addition, a public auction leaves the City with no mechanism, subsequent to the sale, to compel the buyer to design their property in a certain way, or advance their plans in a timely manner. Page 1 City of Clearwater Printed on 7/20/2022 File Number: 9597-22b Instead of conducting a public auction, the ordinance proposes an amendment to the City Charter whereby the City will be allowed to enter into a purchase and development agreement with Gotham and DeNunzio. This ordinance, if approved by Council and by voters, will allow the City and voters to have certainty as to the identity of the purchaser, and the purchaser’s plan for the properties. The proposed Charter amendment confers this authority only as to the two properties described in the ordinance. Page 2 City of Clearwater Printed on 7/20/2022 Ordinance No. 9597-22 ORDINANCE NO. 9597-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, CALLING FOR AN ELECTION TO BE HELD ON NOVEMBER 8, 2022; SUBMITTING TO THE CITY ELECTORS A PROPOSED AMENDMENT TO THE CITY CHARTER TO ALLOW THE CITY TO NEGOTIATE THE REDEVELOPMENT AND SALE OF CERTAIN UNOCCUPIED DOWNTOWN PROPERTY IN THE DOWNTOWN CORE FOR THE PURPOSE OF CREATING A VIBRANT, MIXED USE DEVELOPMENT CONSISTING OF APARTMENTS, HOTEL, AND COMMERCIAL SPACE INCLUDING RESTAURANT DINING, CAFES, AND EVENT SPACE ACTIVATING THE AREA ADJACENT TO COACHMAN PARK. WHEREAS, Clearwater’s former City Hall, which is located on a portion of 112 S. Osceola Avenue, has remained a vacant structure since January 2019; and WHEREAS, a new City Hall is planned for construction near the intersection of S. Myrtle Avenue and Pierce Street; and WHEREAS, the unoccupied property contributes no taxable value to the City, nor does it provide housing, jobs, or amenities for Clearwater residents; and WHEREAS, Clearwater residents amended the City Charter to adopt the Imagine Clearwater plan for Coachman Park, which identified potential complementary redevelopment of certain downtown core properties adjacent to Coachman Park and the intention is to create activation between Imagine Clearwater, the identified properties, and the downtown core; and WHEREAS, the site of the former Harborview Center, which was located at 320 Cleveland Street, is a vacant property as defined by the Pinellas County Property Appraiser; and WHEREAS, the property on which the former Harborview Center was located is being re-addressed to 50 N. Osceola Ave.; and WHEREAS, the former Harborview Center also contributes neither taxable value nor housing, jobs, or amenities for Clearwater residents; and WHEREAS, the Clearwater City Council would like to stimulate downtown redevelopment for the benefit of all Clearwater residents; and WHEREAS, Gotham Property Acquisitions, LLC and The DeNunzio Group, LLC are willing and financially able to purchase both properties for the purpose of creating apartments and amenities at the unoccupied City Hall site, and a full-service hotel, retail, dining, and event space at the site of the former Harborview Center; and 2 Ordinance No. 9597-22 WHEREAS, the City Council on June 16, 2022, unanimously selected Gotham Property Acquisitions, LLC and The DeNunzio Group, LLC, as the City’s development partners following a competitive process under the Community Redevelopment Act; and WHEREAS, the City Council has determined that Gotham Property Acquisitions, LLC and The DeNunzio Group, LLC are committed to the long-term success of this project and downtown Clearwater; and WHEREAS, the Clearwater City Charter Section 2.01(d)(5), Real Property, contains certain restrictions on the Council's authority to sell or transfer City owned real property; and WHEREAS, those restrictions require the City to publicly auction the property to the highest bidder who meets the terms established by Council; and WHEREAS, the Clearwater City Council would like to ensure that the buyer of the unoccupied City Hall site and vacant site of the former Harborview Center develops the property in a way that provides long-term housing, jobs, and amenities for Clearwater residents; and WHEREAS, the Clearwater City Charter Section 2.01(d)(7) regulates property bounded by Drew Street on the north, Osceola Avenue on the east, Pierce Street on the south, and Clearwater Harbor on the west, and prohibits the lease, sale, donation or use of the property for other than City facilities without a referendum; now therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The foregoing prefatory clauses are hereby fully incorporated herein as findings of the City Council. Section 2. In furtherance of the implementation of the project described in both the prefatory clauses and Section 3 of this ordinance, it is hereby proposed that Section 2.01(d) of the City Charter be amended to add a new Subsection (8) as follows: Section 2.01 Commission; composition; powers. * * * * * (d) Limitations. The legislative power provided herein shall have the following limitations: * * * * * (8) Notwithstanding and as an exception to anything contained in section 2.01 herein, the City Council is authorized to: 3 Ordinance No. 9597-22 (a) Negotiate, enter into purchase and development agreements with Gotham Property Acquisitions, LLC, The DeNunzio Group, LLC, or their affiliated entities for the purpose of redeveloping two properties in the downtown core, and convey said properties being more particularly described as follows: i. A portion of parcel identification number 16-29-15-20358-001-0040, known as the “Old City Hall Parcel,” not to exceed 2.7 acres in size. ii. A portion of parcel identification number 16-29-15-57996-000-0030, known as the “Former Harborview Site,” not to exceed 1.5 acres in size. (b) The agreements described in subparagraph (a) must include, at a minimum, the following enforceable provisions: i. As to the Former Harborview Site, retail and dining amenities that remain accessible to Clearwater residents and visitors. ii. As to the Old City Hall Parcel, apartments that remain available for rent to the general public. iii. As to both sites, thoughtful and measurable sustainability provisions for environmental stewardship. iv. As to both sites, project timelines that offer reasonable assurance of timely completion. v. As to both sites, a long-term prohibition against any development of self-storage facilities and light assembly, even if such uses would otherwise be permissible within the downtown core. vi. A development agreement with an initial term of thirty (30) years. vii. A provision in the development agreement requiring the development agreement to be subject to the provisions in this charter. Section 3. A City election is hereby called and will be held on November 8, 2022, for the consideration by the voters of the City of Clearwater of the proposed Charter Amendment. The question to appear on the referendum ballot shall be as follows: Redevelopment of two government-owned properties located west of Osceola Avenue in the downtown core Shall the Clearwater City Charter be amended to allow the City, instead of selling the vacant City Hall and a portion of the former Harborview sites to the highest bidder at a public auction, to sell the properties to Gotham Property Acquisitions and The DeNunzio Group; who will create approximately 600 apartments and 158-key hotel, retail, entertainment, restaurants and cultural uses available to all Clearwater residents, as further described and limited by City Ordinance 9597-22? 4 Ordinance No. 9597-22 Yes _________ No ______ Section 4. The City Clerk is directed to notify the Pinellas County Supervisor of Elections that the referendum item provided above shall be considered in conjunction with the general election to be held on November 8, 2022. Section 5. This ordinance shall take effect immediately upon adoption. The amendments to the City Charter provided for herein shall take effect only upon approval of a majority of the City electors voting at the referendum election on these issues and upon the filing of the Amended Charter with the Secretary of State. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ Frank Hibbard Mayor Approved as to form: Attest: ____________________________ ____________________________ David Margolis Rosemarie Call City Attorney City Clerk