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08/18/2022
Thursday, August 18, 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 August 18, 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 5:00 p.m. the day before the meeting (August 17) 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 August Service Awards 4.2 End of Session Report - Rep. Chris Latvala 4.3 Item Withdrawn 4.4 StormReady Community - Daniel Noah of the National Weather Service in Ruskin Page 2 City of Clearwater Printed on 8/17/2022 August 18, 2022City Council Meeting Agenda 5. Approval of Minutes 5.1 Approve the minutes of the August 4, 2022 City Council meeting as submitted in written summation by the City Clerk. 5.2 Approve the minutes of the June 1, 2022 Special City Council meeting as submitted in written summation by the City Clerk. 5.3 Approve the minutes of the May 31, 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 Approve an Interlocal Agreement between the City of Clearwater and the Community Redevelopment Agency (CRA) to provide staffing and administrative services for the CRA, provide for the reimbursement of certain expenses by the CRA to the City, and authorize the appropriate officials to execute same. (consent) 7.2 Approve the Community Development Block Grant - Coronavirus (CDBG-CV) Program Agreement between the City of Clearwater and the Early Learning Coalition of Pinellas County, Inc. in an amount not to exceed $345,593 and authorize the appropriate officials to execute same. (consent) 7.3 Approve State Housing Initiatives Partnership (SHIP) Program Annual Report and Local Housing Incentive Certification for the closeout year 2019-2020 and interim year 2020-2021 and authorize the appropriate officials to execute same. (consent) Page 3 City of Clearwater Printed on 8/17/2022 August 18, 2022City Council Meeting Agenda 7.4 Approve purchase orders to various insurance carriers for payment of premiums under the City’s 1% life insurance program in the annual not-to-exceed amount of $106,000 for the period of October 1, 2022 through September 30, 2023, with two one-year renewals, pursuant to Clearwater Code of Ordinances Section 2.563(1)(i), Insurance, and authorize the appropriate officials to execute same. (consent) 7.5 Approve a purchase order to Unum Life Insurance Company of America for city and employee paid life and Long-Term Disability benefits in the amount of $813,000 for the period of January 1, 2023, through December 31, 2024, pursuant to Clearwater Code of Ordinances Section 2.563(1)(i), Insurance, and authorize the appropriate officials to execute same. (consent) 7.6 Authorize a Guaranteed Maximum Price proposal to Certus Builders, Inc., of Bristol, FL for the construction of a new pier and dock at the Ross Norton Recreation Complex located at 1426 South Martin Luther King Jr. Avenue, in the amount of $231,194.70, which includes a 10% contingency, pursuant to RFQ 40-20, Construction Manager at Risk (CMAR) Services for Continuing Contracts and authorize the appropriate officials to execute same. (consent) 7.7 Approve an Interlocal Agreement between the Clearwater Community Redevelopment Agency (CRA) and the City of Clearwater to provide CRA funding in Fiscal Year 2022-2023 in the amount of $226,703.04 to underwrite the cost of additional Community Policing services by the Clearwater Police Department in the Downtown Gateway District, Prospect Lake District, and the Downtown Core District, encompassed by the CRA to address quality of life issues, drug dealing, prostitution, and homelessness and authorize the appropriate officials execute same. (consent) 7.8 Approve Change Order One to Biltmore Construction Co. Inc, of Clearwater, FL, in the amount of $629,493.00 for the fabrication and installation of Phase Two of the Downtown Wayfinding program (19-0016-EN), increasing the contract from $995,826.00 to $1,625,319.00, extend the contract through February 28, 2023, and authorize the appropriate officials to execute same. (consent) 7.9 Approve a Contract for Purchase of Real Property by the Community Redevelopment Agency of the City of Clearwater, Florida (CRA) between the CRA and Peace Memorial Presbyterian Church of Clearwater, Florida, Inc., (Contract) for purposes of the City of Clearwater (City) joining in on the Contract to the extent expressly provided for therein, or as may be delegated by the CRA from time to time and authorize the appropriate officials to execute same. (consent) Page 4 City of Clearwater Printed on 8/17/2022 August 18, 2022City Council Meeting Agenda 7.10 Authorize a Purchase Order to GSA Security, Inc. of Tampa, FL, for the purchase, installation, maintenance, and repairs of security cameras in the not-to-exceed amount of $550,000.00 for a two-year term expiring on June 24, 2024, pursuant to Clearwater Code of Ordinances Section 2.563(1)(c), Piggyback, and authorize the appropriate officials to execute same. (consent) 7.11 Authorize a purchase order to CDW Government LLC (CDW-G) of Vernon Hills, IL for the renewal of the Pure Storage Evergreen Gold Subscription and software in the not-to-exceed amount of $177,158.59 for a three-year term, pursuant to Clearwater Code of Ordinance Section 2.563(1)(c), Piggyback, and authorize the appropriate officials to execute same. (consent) 7.12 Authorize a purchase order to Applied Industrial Technologies Inc. of Cleveland, OH, for Maintenance, Repair, Operating Supplies, Industrial Supplies and Related Products and Services in the not-to-exceed amount of $40,000.00, beginning August 19, 2022 through December 31, 2022, with the option for four, one-year renewals in an annual not-to-exceed amount of $150,000.00 thereafter, pursuant to Clearwater Code of Ordinances Section 2.563 (1)(c), Piggyback, and authorize the appropriate officials to execute same. (consent) 7.13 Approve a Purchase Order to Odyssey Manufacturing of Tampa, FL for Removal and Replacement of Sodium Hypochlorite Tanks at the Marshall Street Water Reclamation Facility (WRF) in the amount of $88,500.00, which includes a contingency of $20,000, pursuant to Invitation to Bid (ITB) 21-22 and authorize the appropriate officials to execute same. (consent) 7.14 Ratify and confirm an increase to the current purchase order with Sunbelt Rentals, Inc. of Fort Mill, SC, for citywide equipment rental from $75,000.00 to $145,000.00. (consent) Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition Page 5 City of Clearwater Printed on 8/17/2022 August 18, 2022City Council Meeting Agenda 8.1 Declare as surplus, certain real property identified as parcel number 10-29-15-68346-000-0050 at 918 Palmetto Street (city-owned property) for the purpose of exchanging the Palmetto Street property for certain real property owned by Barnell Evans and Sandra Evans, husband and wife at 900 Palmetto Street; approve the related Contract for Exchange of Real Property between Barnell Evans and Sandra Evans, husband and wife and the City of Clearwater, and authorize the appropriate officials to execute same, together with all other instruments necessary to affect closing. (APH) 8.2 Declare surplus for the purpose of sale, through Invitation to Bid 43-22, real property located on North Garden Avenue, Clearwater, FL 33755, identified as Parcel ID: 09-29-15-25542-004-0360, said real property legally described as: Eldridge, J. J. Part of Lots 36 and 37 DESC FROM SW COR OF SD LOT 36 TH NE'LY 33.7FT ALG W'LY LOT LINE FOR POB TH CONT NE'LY 41.3FT ALG W'LY LOT LINE TO POINT 12.5FT N OF SW COR OF SD LOT 37 TH E'LY 125FT ALG LINE PARALLEL TO S BNDRY OF LOT 37 TO E'LY BNDRY OF SD LOT 37 TH SW'LY 65.07FT ALG E'LY LOT LINES TO POINT 9.30FT N OF SE COR OF LOT 36 TH NW'LY TO POB as recorded in PB OH1 at Page 85 of the Public Records of Pinellas County, Florida. (APH) 8.3 Approve the first amendment to an existing Development Agreement between Beachrock Lodging LLLP (the property owner) and the City of Clearwater for property located at 325 Gulfview Boulevard and 326 Coronado Drive, set a new date by which time site plan approval must be obtained, adopt Resolution 22-06 and authorize the appropriate officials to execute same. (HDA2013-08004A) 9. Second Readings - Public Hearing 9.1 Adopt Ordinance 9598-22 on second reading, vacating the 5-foot wide platted utility easement located on Lot 24, re-plat of Willow Ridge, according to the map or plat thereof as recorded in Plat Book 71, Pages 98-101 of the Public Records of Pinellas County, Florida, less and except the east and west 10 feet thereof. 9.2 Adopt 9596-22 on second reading, amending Code of Ordinances, Chapter 2, Article VI, Division 3, Purchasing to change definitions, increase approval authority for department directors, clarify contract requirements, performance and payment bond requirements, change small purchase monetary threshold, increase micro purchase monetary threshold, amending Code of Ordinances, Chapter 2, Article VI, Division 4, to increase disposal authority for surplus sales officer. 10. City Manager Reports Page 6 City of Clearwater Printed on 8/17/2022 August 18, 2022City Council Meeting Agenda 10.1 Certify two housing projects completed by Habitat for Humanity of Pinellas County, Inc. are consistent with local plans and regulations and adopt Resolution 22-17. 10.2 Approve increases of residential and commercial Stormwater Utility rates by 1.75% per Equivalent Residential Unit (ERU) beginning October 1, 2022, October 1, 2023, October 1, 2024, October 1, 2025, and October 1, 2026; and pass Ordinance 9608-22. 10.3 Increase domestic water, lawn water, wastewater collection, and reclaimed water rates annually by 3% effective October 1, 2022, October 1, 2023, October 1, 2024, October 1, 2025, and October 1, 2026; increase other fees and charges; and pass Ordinance 9570-22 on first reading. 10.4 Discuss budget follow-up items 11. City Attorney Reports 12. Closing comments by Councilmembers (limited to 3 minutes) 13. Closing Comments by Mayor 14. Adjourn Page 7 City of Clearwater Printed on 8/17/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0753 Agenda Date: 8/18/2022 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: August Service Awards SUMMARY: 5 Years of Service Aline Watson Library Jarod Graves Marine & Aviation Harlan Hamilton Solid Waste Marcus Bullock Police Kristian Greve Information Technology Theodore Hordych Engineering/Traffic Steven Buis Police 10 Years of Service Jennifer Lozano Library Elizabeth Bayly Engineering/Parking Thomas King Engineering/Parking Jerry Dilley General Services Phillip Horne Public Utilities Greg Cornella Gas Ralph Saraceno Planning and Development 15 Years of Service Kattrina Miller Solid Waste Emily Laurenti Public Utilities Clinton Reeves Public Utilities Joseph Tincher Public Utilities 20 Years of Service Page 1 City of Clearwater Printed on 8/17/2022 File Number: ID#22-0753 Todd Vaughan Parks and Recreation Page 2 City of Clearwater Printed on 8/17/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0648 Agenda Date: 8/18/2022 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: End of Session Report - Rep. Chris Latvala SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/17/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0832 Agenda Date: 8/18/2022 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: 4.3 SUBJECT/RECOMMENDATION: Item Withdrawn SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/17/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0625 Agenda Date: 8/18/2022 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: 4.4 SUBJECT/RECOMMENDATION: StormReady Community - Daniel Noah of the National Weather Service in Ruskin SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/17/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0858 Agenda Date: 8/18/2022 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: City Council Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve the minutes of the August 4, 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 8/17/2022 City Council Meeting Minutes August 4, 2022 Page 1 City of Clearwater City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Meeting Minutes Thursday, August 4, 2022 6:00 PM Main Library - Council Chambers City Council Draft City Council Meeting Minutes August 4, 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 6:00 p.m. 2. Invocation - Rev. Norma Fontaine-Philbert from Garden of Grace Ministries 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 Diversity Leadership Council Poster Contest - Sherman Stroman and Freda Daniels Diversity Leadership Council Members Sherman Stroman and Karla Deas provided a PowerPoint presentation recognizing the annual poster contest winners and honorable mentions. 4.2 End of Session Report - Senator Ed Hooper It was stated that Senator Hooper was unable to attend but his report would be rescheduled. 5. Approval of Minutes 5.1 Approve the minutes of the July 21, 2022 City Council meeting as submitted in written summation by the City Clerk. Councilmember Allbritton moved to approve the minutes of the July 21, 2022 City Council meeting as submitted in written Draft City Council Meeting Minutes August 4, 2022 Page 3 City of Clearwater summation by the City Clerk. The motion was duly seconded and carried unanimously. 6. Citizens to be heard re items not on the agenda David Ballard Getjr expressed concerns with Pinellas County's reclaimed water availability fee and said his water was shutoff after he refused to pay his bill. Norm Bild thanked the Clearwater Police Department Honor Guard for their presence at the Honor Flight and invited all to attend the opening of the first Purple Heart Park in Dunedin. Eleanore Lyda thanked the City for lighting up the trees in Downtown and encouraged all to ride the Jolley Trolley's Haunted Tour. Bill Jonson commended the city manager for restarting the strategic planning process and suggested revisiting the City's vision statement. Mr. Holuba expressed concerns with the lack of background checks prospective Clearwater police officers undergo. 7. Consent Agenda – Approved as submitted, less Item 7.3. 7.1 Approve a Services Agreement and Purchase Order to Heath Consultants, Inc. of Houston, TX to provide gas leak surveys, corrosion inspections and meter maintenance in the annual not-to-exceed amount of $217,360.00 with the option for two, one-year renewals, pursuant to Invitation to Bid (ITB) 15-22, and authorize the appropriate officials to execute same. (consent) 7.2 Approve co-sponsorship and waiver of requested city fees and service charges for 27 Co-sponsored Special Events at an estimated General Fund cost of $430,550.00 ($86,000.00 in cash contributions and $344,550.00 in service contributions) and Enterprise Fund cost of $83,234.00 for the purposes of Fiscal Year 2022/23 departmental budget submittals. (consent) 7.3 Approve an agreement with the Pinellas County Sheriff’s Office of Largo, FL for forensic crime scene processing, latent prints, property and evidence storage, and Pinellas Juvenile Assessment Center services in an amount not-to-exceed $618,438.00, which includes contingency, for the term October 1, 2022 through September 30, 2023, and authorize the appropriate officials to execute same. (consent) See Below 7.4 Renew Financial Assistance Agreement between the Florida Department of Law Draft City Council Meeting Minutes August 4, 2022 Page 4 City of Clearwater Enforcement and the City of Clearwater, necessary to facilitate a current mutual aid agreement between the two entities, effective upon execution through June 30, 2023, and authorize the appropriate officials to execute same. (consent) 7.5 Approve Supplemental Work Order One to Black and Veatch, of Tampa, FL, for Project Management Services 22-0007-UT in the amount of $380,000, increasing the work order from $95,000 to $475,000 pursuant to Request for Qualifications (RFQ) 26-19, Engineer of Record Consulting Services (EOR), and authorize the appropriate officials to execute same. (consent) 7.6 Approve Supplemental Work Order 1 to WSP USA, Inc. for the Reverse Osmosis Plant 2 (RO2) Injection Well 1 (IW-1) Retrofit, Project 20-0020-UT, in the amount of $98,768.80, increasing the project amount from $28,545.00 to $127,313.80 pursuant to Request for Qualifications (RFQ) 26-19, Engineer of Record Consulting Services (EOR) and authorize the appropriate officials to execute same. (consent) 7.7 Approve an increase to contract 901566 to Hach Company of Loveland, CO for the purchase of testing equipment, laboratory instruments, chemicals, parts, and related supplies in the amount of $250,000.00, bringing the total amount to $300,000.00 for the term June 14, 2022 through June 13, 2023 with two, one-year renewal options in the annual not to exceed amount of $300,000.00, pursuant to Clearwater Code of Ordinances Section 2.563(1)(d), Non-competitive purchases (Impractical), and Section 2.561(5), Small Purchases, and authorize the appropriate officials to execute same. (consent) 7.8 Authorize the purchase of vehicles (heavy and light duty) and equipment in the not-to-exceed amount of $9,056,200.00, approved in the Fiscal Year (FY) 23 budget, pursuant to Clearwater Code of Ordinances Sections 2.563(1)(c), Piggyback, 2.563(1) (d), Non-competitive purchases, and 2.561(5), Small Purchases; authorize lease purchase under the City’s Master Lease Purchase Agreement or internal financing via an interfund loan from the Capital Improvement Fund, whichever is deemed to be in the City’s best interest; declare the vehicles and equipment being replaced as surplus and authorize for disposal at auction or trade-in, pursuant to Clearwater Code of Ordinances Section 2.623(7)(c), public auction, or (e) ,trade-in, whichever is in the best interest of the City and authorize the appropriate officials to execute same. (consent) 7.9 Review updated advisory board application. (consent) Vice Mayor Beckman moved to approve the Consent Agenda, less Item 7.3, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 7.3 Approve an agreement with the Pinellas County Sheriff’s Office of Largo, FL for forensic crime scene processing, latent prints, property and evidence storage, and Pinellas Draft City Council Meeting Minutes August 4, 2022 Page 5 City of Clearwater Juvenile Assessment Center services in an amount not-to-exceed $618,438.00, which includes contingency, for the term October 1, 2022 through September 30, 2023, and authorize the appropriate officials to execute same. (consent) The Pinellas County Sheriff’s Office (PCSO) and the Clearwater Police Department (CPD) began an annual contractual agreement for services in January 1994. The agreements have covered forensic crime scene processing, latent fingerprint examination, property and evidence storage, and a share of security costs at the Pinellas Juvenile Assessment Center (PJAC). The total cost for the proposed agreement for Fiscal Year 2022-2023 is $582,210.00. The proposed contractual agreement reflects a 3.26% increase from the agreement in the previous fiscal year. This agreement is based on the following associated costs: Forensic Science Services (Crime Scene Processing) - 1,100 calls for service at $264.90 each, totaling $291,390.00; Fingerprint Services - 1,000 cases at $97.38 each, totaling $97,380.00; Property and Evidence Storage - 12,000 items at $13.67 each, totaling $164,040.00; Pinellas Juvenile Assessment Center (PJAC) - 350 juveniles transported at $84.00 each, totaling $29,400.00. The contingency amount of $36,228.00 will cover any calls for service which exceed those outlined in the proposed contract and invoices for excess services will be issued separately. Additionally, at the end of the contract, any funds remaining from unused calls for service will be refunded to the City. APPROPRIATION CODE AND AMOUNT: Funding for this contractual agreement and contingency funds are included in the Police Department’s fiscal year 2022-2023 operating budget request for cost code, 0101155-530300, contractual services. One individual spoke in support and questioned why the Clearwater Police Department did not conduct their own crime scene processing. Clearwater Police Chief Daniel Slaughter said the Department contracts with the Pinellas County Sheriff's Office to handle the more complicated crime scenes. Councilmember Bunker moved to approve an agreement with the Pinellas County Sheriff’s Office of Largo, FL for forensic crime scene processing, latent prints, property, and evidence storage, and Pinellas Juvenile Assessment Center services in an amount Draft City Council Meeting Minutes August 4, 2022 Page 6 City of Clearwater not-to-exceed $618,438.00, which includes contingency, for the term October 1, 2022 through September 30, 2023, 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 Declare surplus for the purpose of sale, through Request for Proposals and Qualifications 43-22, real property located at 1454 South Martin Luther King Jr. Avenue, whereby the successful proposal meets the terms established by Council. (APH) This property is currently vacant, and it is identified by Resolution #22-13 as a city-owned property appropriate for use as affordable housing (Pinellas County Property I.D. #22-29-15-00000-320-1300). The property was acquired for $84,000 in 1995 with Community Development Block Grant (CDBG) program funding made available to the city from the United States Department of Housing and Urban Development (HUD). The City’s initial goal was to procure a developer to develop a seven-unit single family subdivision for low- to moderate-income households. At this time, staff believes that an attached multi-family project, such as a townhome or villa concept, providing for more residential units, will be a better fit with the character of the neighborhood while still creating homeownership opportunities. Because the property was purchased with CDBG funds, residential development is required to reserve a minimum of 50% of the units for households with total household income not to exceed 80% of Area Median Income (AMI) as determined by HUD. Staff is recommending a mixed-income project whereby the remaining units are reserved for households earning up to 120% AMI. Staff is also recommending a project with the highest density practicable while staying consistent with the existing scale and development pattern in the neighborhood. Maximum density, including additional units from the affordable housing density bonus, is 24 units. Proceeds from sale will be used for future CDBG-eligible projects administered by the Economic Development & Housing Department. Councilmember Teixeira moved to declare surplus for the purpose of sale, through Request for Proposals and Qualifications 43-22, real property located at 1454 South Martin Luther King Jr. Avenue, whereby the successful proposal meets Draft City Council Meeting Minutes August 4, 2022 Page 7 City of Clearwater the terms established by Council. The motion was duly seconded and carried unanimously. 8.2 Approve the request from the owner of property addressed 1979 Hastings Drive, Clearwater to vacate the 5-foot-wide platted Utility Easement, located on Lot 24, Re-Plat of Willow Ridge, according to the map or plat thereof as recorded in Plat Book 71, Pages 98-101, Public Records of Pinellas County, Florida, less and except the east and west 10 feet thereof, and pass Ordinance 9598-22 on first reading. The property owner at 1979 Hastings Dr, Clearwater, has requested that the City vacate the northerly 5 ft. Utility Easement between the West side 10 ft. Utility Easement and the East side 10 ft. Drainage/Utility Easement. The purpose of this vacation is to provide space to place a generator. There are no city utilities present within this easement. All private utility companies have no objection to the vacation. City staff have reviewed this vacation and have no objection. Ordinance 9598-22 was presented and read by title only. Councilmember Allbritton moved to approve the request from the owner of property addressed 1979 Hastings Drive, Clearwater to vacate the 5-foot-wide platted Utility Easement, located on Lot 24, Re-Plat of Willow Ridge, according to the map or plat thereof as recorded in Plat Book 71, Pages 98-101, Public Records of Pinellas County, Florida, less and except the east and west 10 feet thereof, and pass Ordinance 9598-22 on first 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 8.3 Provide direction on the proposed first amendment to an existing Development Agreement between Beachrock Lodging LLLP (the property owner) and the City of Clearwater for property located at 325 Gulfview Boulevard and 326 Coronado Drive, which includes a revision to Exhibit B to provide new conceptual site plans and elevations, and sets a new date by which time site plan approval must be obtained; and confirm a second public hearing in City Council Chambers before City Council on August 18, 2022 at 6:00 p.m., or as soon thereafter as may be heard. (HDA2013-08004A) Site Location and Existing Conditions: The 1.601-acre site is comprised of two parcels. The subject site is a double frontage property and has frontage along the following streets: approximately Draft City Council Meeting Minutes August 4, 2022 Page 8 City of Clearwater 240 feet of frontage along South Gulfview Boulevard (west) and 350 feet of frontage along Coronado Drive (east). The site is occupied by two hotels with a five-story hotel (the Beachview Inn, a 64-unit overnight accommodation use built in 1982, according to Pinellas County Property Appraiser records) occupying the larger of the two parcels. The second, smaller parcel is occupied by an attached dwelling use with five units built in 1954 (also according to Pinellas County Property Appraiser records). The overall subject site is zoned Tourist (T) District with an underlying future land use category of Resort Facilities High (RFH) and is also located within the Beach Walk District of Beach by Design. Access to the portion of the site occupied by the attached dwelling is provided by a narrow driveway along Coronado Drive. The larger parcel is accessed via a pair of two-way driveways along Coronado Drive. Parking is provided along the east side of the site. The hotel building is located along the west side of the site. The attached dwelling building is centrally located on its parcel. A pool area is located at the southwest corner of the larger parcel. The site enjoys direct access to Beach Walk. The larger area is characterized by a variety of uses including overnight accommodations, retail, outdoor recreation and entertainment, restaurant and attached dwelling uses with heights ranging from one to 15 stories. The City’s Beach Walk project, to the west, has been constructed transforming South Gulfview Boulevard to the north of this site into a winding beachside promenade with lush landscaping, artistic touches and clear views to Clearwater's award-winning beach and the water beyond. Coronado Drive has largely been improved according to Beach by Design. Site History: On June 5, 2014, the City Council approved the allocation of up to 100 units from the Hotel Density Reserve under Beach by Design (Case No. HDA2013-08004) and adopted a resolution to the same effect (Res. No. 14-11). The owners proposed to develop the site with 180-unit overnight accommodations use with associated accessory/amenity uses including commercial space, restaurant, meeting rooms, exercise room and the like. On March 17, 2015, the Community Development Board (CDB) approved a Level II Flexible Development application (FLD2014-12034) for a 180-room overnight accommodations use in the Tourist (T) District. A series of extension requests have been approved extending the validity of the issued Development Order until February 12, 2026. Development Proposal: This application includes a significant building redesign, and even though the result is an overall height reduction from 140 feet as previously approved to 100 feet as currently proposed, it substantially changes the character of the project and an amendment to the agreement is required. Otherwise, there is no change in the site area (1.601 acres), density (113 units per acre), total number of units allocated from the Hotel Density Reserve through Beach by Design (100) or the Draft City Council Meeting Minutes August 4, 2022 Page 9 City of Clearwater overall number of hotel units (180) which utilizes the otherwise permitted density of 50 units per acre or 80 units as originally approved. The request includes a new conceptual site plan and accompanying building elevations (Exhibit B) and certain changes to the Development Agreement limited to a reflection of the new proposed height as listed below. Section 4.4 is updated to show a decrease in height from 140 feet to no more than 100 feet. Exhibit B is updated to reflect the revised conceptual site plan and elevations. All structures on the site will be demolished and redeveloped with the 180-unit overnight accommodation use designed with a tropical modern architecture consistent with and complementary to the tropical vernacular envisioned in Beach by Design. The most obvious changes to the proposal can be found in the elevations. The proposed elevations depict a height of 94 feet to roof deck, and the Agreement provides for a maximum height of no more than 100 feet to roof deck. The submittal consists of conceptual plans and elevations with the intention being that they will be refined and modified somewhat through and as part of the Flexible Development review process. The proposed maximum height will allow the applicant some flexibility as the floor plans are finalized. The site will be accessed via a one-way driveway as well as a separate service-only driveway all from Coronado Drive. The primary pedestrian entrances are located centrally along the west side of the building providing direct access to Beach Walk and at the northeast quadrant of the building providing direct access to Coronado Drive. A ground floor entry lobby is provided at the northeast quadrant of the building as well as parking and retail space. Most of the ground floor retail space is located along the west side of the building along Beach Walk. Retail space is also located at the southeast corner of the ground floor of the building. The second floor contains primarily parking and mechanical equipment and other back-of-house components. A formal check-in lobby is provided on the third floor as is a ballroom, dining area, additional retail space and kitchens along with an exterior pool and amenity deck. The remaining floors are primarily dedicated to hotel units. A solid waste component will be located within the loading area within the northeast quadrant of the building. The dumpster will be rolled out to a staging area along Hamden Drive for servicing. Consistency with the Community Development Code (CDC): Minimum Lot Area and Width: Pursuant to CDC Table 2-802, the minimum required lot area and width for an overnight accommodations use is 20,000 square feet and between 100 and 150 Draft City Council Meeting Minutes August 4, 2022 Page 10 City of Clearwater feet, respectively. The subject property is 69,736 square feet in area and approximately 244 feet wide. The site is consistent with these Code provisions. Minimum Setbacks: The conceptual site plan depicts setbacks of zero feet to building along the front (west) along South Gulfview Boulevard, 15 feet along the front (east) along Coronado Drive and 10 feet along the sides (west, south and north). The proposed setbacks may be approved as part of a Level One (FLS) application, subject to meeting the applicable flexibility criteria of the Community Development Code; however, other elements such as height will require the project to be a Level Two (FLD) application. Maximum Height: Section B of the Design Guidelines within Beach by Design specifically addresses height. The proposal provides for a building up to 100 feet in height as measured from the design flood elevation where a height of up to 100 feet is permitted as prescribed by the CDC (subject to meeting the applicable flexibility criteria of the CDC and as approved as part of a Level II Flexible Development application) and limited by Beach by Design. The height of the proposed building is consistent with the Guidelines of Beach by Design. Minimum Off-Street Parking: The 180-room overnight accommodations use requires a minimum of 216 off-street parking spaces. A parking garage located on the first two levels of the building will provide a minimum of 216. This is consistent with the applicable Sections of the CDC. Landscaping: While a formal landscape plan is not required to be submitted for review at this time, the conceptual landscape areas depicted on the site plan show that adequate spaces for foundation landscaping will be provided along all street frontages. Since no perimeter landscape buffers are required in the Tourist (T) District, the proposed landscape areas meet or exceed what is required. It is noted, however, that flexibility may be requested/necessary as part of a Comprehensive Landscape Program which would be reviewed at time of formal site plan approval. Consistency with Beach by Design: Design Guidelines: A review of the provided architectural elevations and massing study was conducted and the proposed building does appear to be generally consistent with the applicable Design Guidelines established in Beach by Design. It is noted, however, that a more formal review of these Guidelines will need to be Draft City Council Meeting Minutes August 4, 2022 Page 11 City of Clearwater conducted as part of the final site plan approval process. Hotel Density Reserve: The project has been reviewed for compliance with those criteria established within Beach by Design concerning the allocation of hotel rooms from the Reserve. The project appears to be generally consistent with those criteria, including that the development complies with the Metropolitan Planning Organization’s (MPO) countywide approach to the application of traffic concurrency management for transportation facilities. The submitted Traffic Impact Study concludes that traffic operations at nearby intersections and on adjacent roadways would continue at acceptable levels of service. Standards for Development Agreements: The proposal is in compliance with the standards for development agreements, is consistent with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach by Design. The proposed first amended and restated amendment to the existing Development Agreement will be in effect for a period not to exceed ten years, meets the criteria for the allocation of rooms from the Hotel Density Reserve under Beach by Design and includes the following main provisions: Provides for no change in the number of units (100 units) allocated from the Hotel Density Reserve (previously approved as part of HDA2013- 08004/Resolution No. 14-11); Revises Exhibit B which includes new conceptual site plans, architectural drawings, elevations and perspectives; Requires the developer to obtain building permits within one year of approval of the amended and restated Development Agreement and certificates of occupancy in accordance with Community Development Code (CDC) Section 4-407; Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed; Prohibits the conversion of any hotel unit allocated from the Hotel Density Reserve to a residential use and requires the recording of a covenant restricting use of such hotel units to overnight accommodations usage; and Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. Changes to Development Agreements: Pursuant to Section 4-606. I, CDC, a Development Agreement may be amended by mutual consent of the parties, provided the notice and public hearing requirements of Section 4-206 are followed. Revisions to conceptual site plans and/or architectural elevations attached as exhibits to this Development Agreement shall be governed by the provisions of Section 4-406, CDC. Minor revisions to such plans may be approved by the Community Development Coordinator. Other revisions not specified as minor shall require an amendment to this Development Agreement. Draft City Council Meeting Minutes August 4, 2022 Page 12 City of Clearwater Summary and Recommendation The proposal appears to be generally consistent with applicable components of the Community Development Code and Beach by Design and Staff is supportive of the request. Applicant representative Katie Cole reviewed the request. She said the proposed mass reduction was obtained due to efficiencies in the building and the redesign of the parking garage. Although there is a larger garage facility on the southern end of the property, there is an approved hotel adjacent to the garage facility, between Coronado Drive and Gulfview Boulevard. Vice Mayor Beckman moved to confirm a second public hearing in City Council Chambers before City Council on August 18, 2022 at 6:00 p.m., or as soon thereafter as may be heard. The motion was duly seconded and carried unanimously. 8.4 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) 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 Draft City Council Meeting Minutes August 4, 2022 Page 13 City of Clearwater 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 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. Planning and Development Director Gina Clayton provided a PowerPoint presentation. Draft City Council Meeting Minutes August 4, 2022 Page 14 City of Clearwater Developer representative Katie Cole said Gotham and DeNunzio's have a breadth of experience with these types of developments. It will be the tallest development in Clearwater. She said the development team is excited about this opportunity. Councilmember Bunker moved to 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. The motion was duly seconded and carried unanimously. 9. Second Readings - Public Hearing 9.1 Adopt Ordinance 9575-22 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to change the land use designation for certain real property whose post office address is 905 S. Highland Avenue, Clearwater, FL 33756, from Residential/Office General (R/OG) to Institutional (I). Ordinance 9575-22 was presented and read by title only. Councilmember Teixeira moved to adopt Ordinance 9575-22 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 9.2 Adopt Ordinance 9576-22 on second reading, amending the Zoning Atlas of the city by rezoning certain real property whose post office address is 905 S. Highland Avenue, Clearwater, FL 33756, from Office (O) to Institutional (I). Ordinance 9576-22 was presented and read by title only. Councilmember Allbritton moved to adopt Ordinance 9576-22 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 9580-22 on second reading, annexing certain real property whose post Draft City Council Meeting Minutes August 4, 2022 Page 15 City of Clearwater office address is 2843 St. John Drive, Clearwater, FL 33759, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 9580-22 was presented and read by title only. Vice Mayor Beckman moved to adopt Ordinance 9580-22 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 9581-22 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 2843 St. John Drive, Clearwater, FL 33759, upon annexation into the City of Clearwater, as Residential Low (RL). Ordinance 9581-22 was presented and read by title only. Councilmember Bunker moved to adopt Ordinance 9581-22 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 9.5 Adopt Ordinance 9582-22 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2843 St. John Drive, Clearwater, FL 33759, upon annexation into the City of Clearwater, as Low Medium Ordinance 9582-22 was presented and read by title only. Councilmember Teixeira moved to adopt Ordinance 9582-22 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 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. Draft City Council Meeting Minutes August 4, 2022 Page 16 City of Clearwater Ordinance 9597-22 was presented and read by title only. Councilmember Allbritton moved to adopt Ordinance 9597-22 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 CONTINUE TO A DATE UNCERTAIN: Adopt Ordinance 9586-22 on second reading, annexing certain real property whose post office address is 1219 Sunset Point Road, Clearwater, FL 33755, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. AND 9.8 CONTINUE TO A DATE UNCERTAIN: Adopt Ordinance 9587-22 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1219 Sunset Point Road, Clearwater, FL 33755, upon annexation into the City of Clearwater, as Residential Urban (RU). AND 9.9 CONTINUE TO A DATE UNCERTAIN: Adopt Ordinance 9588-22 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1219 Sunset Point Road, Clearwater, FL 33755, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Vice Mayor Beckman moved to continue Items 9.7 through 9.9 to a date uncertain. The motion was duly seconded and carried unanimously. 9.10 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) NO ACTION 9.11 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) NO ACTION Draft City Council Meeting Minutes August 4, 2022 Page 17 City of Clearwater 10. City Manager Reports 10.1 Approve the allocation of American Rescue Plan Act (ARPA) Coronavirus Local Fiscal Recovery Funds in the amount of $22,483,893 to fiscal year 2022 General Fund government operations as revenue recovery; approve offsetting increases to fiscal year 2022 General Fund expenditures as detailed in this agenda item; and authorize the appropriate officials to execute same. A total of $22,483,893 of ARPA Local Fiscal Recovery Funds has been received in two equal tranches on May 19, 2021 and June 6, 2022. Authorization is requested to allocate the full (100%) amount to fiscal 2022 General Fund government operations as “revenue recovery” per the Department of Treasury final rule. Approval of offsetting increased General Fund expenditures for transfers to projects and programs is requested to balance the General Fund budget for fiscal 2022, per below. Effectively we are funding government projects and programs that we are now able to accomplish per the revenue loss recovery. Monies for projects and programs must be committed/encumbered by December 31, 2024 and fully expended by December 31, 2026 per Department of Treasury requirements. Four public meetings were held throughout the city during May and June 2022 to gather citizen input into priorities for expenditure of the funds. Citizen input was also provided via an online survey posted on the City’s website. Staff recommends the following expenditures/transfers for Council approval: • Startup funding for North Greenwood CRA $ 5,000,000 • Fiber upgrades and broadband connectivity 3,500,000 • Affordable housing 3,300,000 • Street & sidewalk improvements 2,000,000 • Solar for City facilities 2,000,000 • Pinellas Community Foundation 1,000,000 • Non-profit funding - grant based program 1,000,000 • Education - grants or partnerships 1,000,000 • State Street Park improvements 700,000 • Main Library renovations 625,000 • Unspecified fiscal 2022 General Fund expenditures - reimbursement of City COVID expenditures - grants and premium pay 2,358,893 Total $ 22,483,893 APPROPRIATION CODE AND AMOUNT: A third quarter budget amendment will recognize a transfer of $22,483,893.00 from special program G2109, American Rescue Plan Act Fund, to the General Draft City Council Meeting Minutes August 4, 2022 Page 18 City of Clearwater Fund to be allocated for the purposes noted above. The City Manager said at Monday's work session, a request was made to allocate $250,000 to an incubator project. He recommended that $250,000 of the proposed non-profit grant program be allocated to assist micro business to grow in Clearwater. He said Amplify Clearwater is seeking funding from Pinellas County for the incubator project. In response to a question, Assistant City Manager Micah Maxwell said the $2 million allocation for solar panels was based on an energy study staff will be presenting in September. The study will provide data for the overall anticipated cost and locations and identify city facilities best suited for solar panels. He said the financial return on investment and the environmental return on investment will be part of the September discussion. Discussion ensued with comments made that the proposed allocations reflect the comments from citizens who participated in the online surveys and community meetings and that the City should assist small businesses. A concern was expressed that no information regarding the incubator project was provided as part of the agenda item. It was stated that it is incredibly important to help entrepreneurs generate new jobs and jumpstart businesses and that Saint Petersburg College is interested in participating. The City Attorney said the item before council is seeking budgetary authority for the broad categories; he would expect staff to bring back an agenda item for council approval for expenditures that exceed $100,000. Two individuals opposed allocating money directly to one organization. Vice Mayor Beckman moved to approve Item 10.1. The motion was duly seconded and carried with the following vote: Ayes: 4 - Vice Mayor Beckman, Councilmember Allbritton, Councilmember Bunker and Councilmember Teixeira Nays: 1 - Mayor Hibbard A question was raised if the motion included the recommended allocation for the incubator project. Discussion ensued with comments made that it was understood that the motion included the allocation for the incubator project. It was stated that the motion was to approve the item as submitted, which did Draft City Council Meeting Minutes August 4, 2022 Page 19 City of Clearwater not include the incubator project. The City Attorney said he heard the City Manager recommend that $250,000 from one of the line items that Council approved be allocated toward the incubator project. He said he did not see anything wrong with the City Manager taking those funds from the non-profit allocation and bring that forward to Council. In response to questions, the City Manager said a lot of the identified categories were not specific; the incubator project was a specific request that will do a lot for the economic development of the city. It was an opportunity to move something forward sooner rather than later. It was requested that details of the incubator project be provided, as the public has no information regarding the incubator project. The City Manager said the Clearwater Police Department received a $144,000 FY 2022 Edward Byrne Memorial Justice Assistance Grant for the Department's Mental Health Co-Responder Pilot Program. The program pairs a police officer with a mental health professional from the County Sheriff’s Mental Health Unit to respond to calls with persons in crisis and conduct follow-up with persons experiencing challenges around mental health in an effort to connect these individuals with the appropriate services. U.S. Representative Crist sponsored the request. Clearwater Police Chief Daniel Slaughter said the program has been running for almost a year. The program has been very successful. There are two teams that operate during the day shift, Monday through Friday. The shift was selected because according to the data, most calls related to mental health were received during this time period. He said the teams have responded to approximately 60 calls a month and approximately 20 follow-up visits each month. 11. City Attorney Reports 11.1 Approve the Contract for Sale of Real Property by the City of Clearwater, Florida (Contract) between the City of Clearwater, Gotham Property Acquisitions, LLC (Gotham) and The DeNunzio Group, LLC (DeNunzio) for the former City Hall site located at 112 S. Osceola Avenue and authorize the appropriate officials to execute same, together with all Draft City Council Meeting Minutes August 4, 2022 Page 20 City of Clearwater other instruments required to effect closing. The former City Hall, located on a portion of 112 S. Osceola Avenue, has been vacant since January 2019 and contributes no taxable value to the City. Nor does it provide housing, jobs or amenities for Clearwater residents. The Imagine Clearwater plan, adopted by Clearwater residents, identified this property as a potential site for redevelopment to complement Coachman Park and stimulate downtown. 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. In response, Gotham and DeNunzio presented a development concept that proposed a purchase of the old City Hall site, for the purpose of creating approximately 600 apartments and amenities. Design and construction details will be memorialized in a development agreement, which is being offered to the City Council as a separate agenda item. This item is the Purchase and Sale Agreement (PSA) for the old City Hall site. The proposed purchase price is $15,400,000.00. This price represents the full appraised value at the time the Call for Development Concepts was issued. In addition, the PSA contemplates a Closing Date by December 31, 2024, barring unusual circumstances. The PSA requires the buyer to obtain all pre-development approvals, such as an approved site plan and building permit, prior to closing. The City Charter currently requires the City, prior to selling its real estate, to first declare the property surplus and sell the property to the highest bidder. Because this PSA involves a specific buyer and development partner, the PSA requires an amendment to the City Charter before the PSA can be fulfilled. A separate ordinance is being presented to the City Council which, if approved, will ask voters to consider amending the City Charter to allow the PSA to be fulfilled. The PSA will terminate if the ordinance is not approved by Council, or if the proposed Charter amendment is rejected by voters during the November 2022 general election. The City Attorney said the purchase and sale documents include a provision that states no conveyance can occur to a non-profit organization, specific closing dates, and city obligations. He said the City will provide the survey, demolish the old city hall site, streetscape improvements to Osceola Avenue, negotiate a license agreement for the Main Library parking lot for the developer's ingress and egress for the site plan and provide any environmental remediation, if needed. Draft City Council Meeting Minutes August 4, 2022 Page 21 City of Clearwater Councilmember Bunker moved to approve the Contract for Sale of Real Property by the City of Clearwater, Florida (Contract) between the City of Clearwater, Gotham Property Acquisitions, LLC (Gotham) and The DeNunzio Group, LLC (DeNunzio) for the former City Hall site located at 112 S. Osceola Avenue and authorize the appropriate officials to execute same, together with all other instruments required to effect closing. The motion was duly seconded and carried unanimously. 11.2 Approve the Contract for Sale of Real Property by the City of Clearwater, Florida (Contract) between the City of Clearwater, Gotham Property Acquisitions, LLC (Gotham) and The DeNunzio Group, LLC (DeNunzio) for the former Harborview site, which was located at 320 Cleveland Street, and is being re-addressed as 50 N. Osceola Avenue and authorize the appropriate officials to execute same, together with all other instruments required to effect closing. The former Harborview site, previously addressed as 320 Cleveland Street, and being re-addressed as 50 N. Osceola Ave., is a vacant lot and contributes no taxable value to the City. Nor does it provide housing, jobs or amenities for Clearwater residents. The Imagine Clearwater plan, adopted by Clearwater residents, identified this property as a potential site for redevelopment to complement Coachman Park and stimulate downtown. 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. In response, Gotham and DeNunzio presented a development concept that proposed a purchase of the former Harborview site, for the purpose of creating an approximately 158 key full-service hotel, retail, restaurant, cultural and event space. Design and construction details will be memorialized in a development agreement, which is being offered to the City Council as a separate agenda item. This item is the Purchase and Sale Agreement (PSA) for the former Harborview site. The proposed purchase price is $9,300,000.00. This price represents the full appraised value at the time the Call for Development Concepts was issued. In addition, the PSA contemplates a Closing Date by December 31, 2024, barring unusual circumstances. The PSA requires the buyer to obtain all pre-development approvals, such as an approved site plan and building permit, prior to closing. The City Charter currently requires the City, prior to selling its real estate, to first declare the property surplus and sell the property to the highest bidder. Draft City Council Meeting Minutes August 4, 2022 Page 22 City of Clearwater Because this PSA involves a specific buyer and development partner, the PSA requires an amendment to the City Charter before the PSA can be fulfilled. A separate ordinance is being presented to the City Council which, if approved, will ask voters to consider amending the City Charter to allow the PSA to be fulfilled. The PSA will terminate if the ordinance is not approved by Council, or if the proposed Charter amendment is rejected by voters during the November 2022 general election. Councilmember Teixeira moved to approve the Contract for Sale of Real Property by the City of Clearwater, Florida (Contract) between the City of Clearwater, Gotham Property Acquisitions, LLC (Gotham) and The DeNunzio Group, LLC (DeNunzio) for the former Harborview site, which was located at 320 Cleveland Street, and is being re-addressed as 50 N. Osceola Avenue and authorize the appropriate officials to execute same, together with all other instruments required to effect closing. The motion was duly seconded and carried unanimously. 12. Closing comments by Councilmembers (limited to 3 minutes) Councilmember Teixeira praised the Parks and Recreation staff that are working with the summer camp kids. She thanked the CMA and sea turtle crew who took her on a ride-along to see the important work they are doing. She said she visited the Mole Patrol by Moffitt Cancer Center on Clearwater beach who screened beach visitors and assisted them with follow up information. She invited all to a wearable art fashion show on August 27, 2022. Councilmember Bunker said comments made during Citizens to be Heard directed at the Vice Mayor were uncalled for. He said the Vice Mayor is passionate about the work and he admires her. He said the ULI report which stated the City needs to work with Scientology and said David Miscavige cannot be trusted. Vice Mayor Beckman said she is happy the ARPA funds have been allocated and will be exciting to see them applied. She is excited about the referendum and bluff development and urged all citizens to review the documents and ask questions. Councilmember Allbritton said PSTA approved a Universal Pass program to provide free rides for Pinellas County students and staff. He said there are 12 days until the FDOT awards the RAISE grant and this year will be the 13th year Pinellas County has applied for the grant. Draft City Council Meeting Minutes August 4, 2022 Page 23 City of Clearwater 13. Closing Comments by Mayor Mayor Hibbard review recent and upcoming events. 14. Adjourn The meeting adjourned at 7:49 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#22-0877 Agenda Date: 8/18/2022 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: City Council Agenda Number: 5.2 SUBJECT/RECOMMENDATION: Approve the minutes of the June 1, 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 8/17/2022 City Council Special Meeting June 1, 2022 Page 1 of 7 City of Clearwater Meeting Minutes Wednesday, June 1, 2022 6:00 PM Countryside Recreation Center City Council Special Council Meeting – Strategic Visioning and ARPA Funding Community Meeting City Council Special Meeting June 1, 2022 Page 2 of 7 Roll Call Present: 2 - Mayor Frank Hibbard, Vice Mayor Kathleen Beckman, Not Present: 3 – Councilmember David Allbritton, Councilmember Lina Teixeira, and Councilmember Mark Bunker. Also Present: Jon Jennings – City Manager, Michael Delk – Assistant City Manager, and Nicole Sprague – Deputy City Clerk. To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. 1. Call to Order – Mayor Hibbard The meeting was called to order at 6:00 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 rankings: 1 – Affordable Housing 2 – Public Safety (police and Fire): 3 – Sustainability (decreasing fossil fuels, solar, planning for sea level rise, decreasing carbon footprint 3 – Improve Roadways and Traffic 3 – Diversify the Economic Base (more jobs, US 19, expand non-residential tax base) 6 – Quality of Life Services (parks, recreation, libraries, and trails) 7 – Financial Responsibility 7 – Improving City Services City Council Special Meeting June 1, 2022 Page 3 of 7 One individual said the strategic planning process is about determining the future of Clearwater, and citizens consider Clearwater below average as a community, according to the 2021 National Community Survey Results. One individual ranked sustainability and infrastructure as top priorities. Affordable housing is not the issue, the issue is affording the housing stock that is available. Wages should be raised to attract workers who can afford the available housing. One individual said sustainability is the most important. If we don’t address the environment, nothing else will matter. One individual expressed a concern over keeping taxes down and said there is no such thing as affordable housing, somebody is paying for it. One individual said their priority is affordable housing, all resources are overwhelmed and depleted. Some people are not able to get a job because they don’t have an address. One individual said quality of life services are important, expressed a concern that there is no kayak boat launch at the Seminole Boat Ramp, and the reclaimed water and stormwater fee is very expensive for small business owners. One individual said there is vacant property on Palmetto St. that would be a good location for affordable housing. The Mayor said an African American graveyard was found on that property and HEP had plans to build family housing, but the project has been put on hold. One individual inquired about solar panels and the number of kilowatt hours they will save and how much pollution it will offset. The Mayor said it will depend on the panel application and usage. One individual questioned why government is involved in private housing. The Mayor said most agencies are involved in some ways with affordable housing. One individual said they were comfortable with the strategic planning priority rankings and questioned how the rankings during this meeting compared to the other three community meetings. The Mayor said the answers were relatively similar with slight deviations in different neighborhoods. The information gathered from all four meetings will be compiled to show City Council Special Meeting June 1, 2022 Page 4 of 7 the community’s priorities which will allow Council to make decisions on the strategic plan. He said affordable housing was ranked as a high priority in all the meetings. One individual said other communities are focusing on affordable housing for first responders so they can live in the community they serve which helps to maintain the quality of life. 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 City Council Special Meeting June 1, 2022 Page 5 of 7 street and sidewalk improvements. 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 technical or library support or information about City Council Special Meeting June 1, 2022 Page 6 of 7 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. One individual asked how the amount of funds the City receives was determined and said her rent has gone up $500 since she has lived in Clearwater and doesn’t know how much longer she’ll be able to live there. One individual asked if there is flexibility in changing the amount of funding if the results of the survey showed affordable housing as the highest ranked priority. The City Manager said that the recommendations are from staff and Council has final authority to appropriate the funds. He said affordable housing is the top issue in all four forums. One individual said the City should implement the recommendations from the Clearwater Neighborhood Coalition that would level the playing field for the land use approval process, suggested traffic calming in the Countryside area with neighborhood identification, way finding signs, and address code enforcement issues; the City of St. Petersburg has done some innovating things to prevent code enforcement problems. One individual suggested providing subsidies for residential solar panels and free Wi-Fi access as Wi-Fi would directly impact every individual in the city. One individual questioned how programs will get implemented and how can the public monitor what is happening. The City Manager said that even though this is the last community meeting, there is still an online presence for residents to submit their surveys. He said after staff compiles the survey data, information will be presented to Council with opportunity for public input. He said the City’s website will have an ARPA page which will be the best source of information moving forward. One individual said it is good to see work being done in the North Greenwood area and questioned how it was created. City Council Special Meeting June 1, 2022 Page 7 of 7 The City Manager said a CRA is a way to invest in certain sections of the city that need cash infusions that will get the private sector more focused on development and new businesses in the area. One individual suggested funds be used for children who fell behind academically during COVID. 4. Adjourn The meeting adjourned at 7:35 p.m. Mayor City of Clearwater Attest City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0876 Agenda Date: 8/18/2022 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: City Council Agenda Number: 5.3 SUBJECT/RECOMMENDATION: Approve the minutes of the May 31, 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 8/17/2022 City Council Special Meeting May 31, 2022 Page 1 of 8 City of Clearwater Meeting Minutes Tuesday, May 31, 2022 6:00 PM Clearwater Beach Recreation Center City Council Special Council Meeting – Strategic Visioning and ARPA Funding Community Meeting City Council Special Meeting May 31, 2022 Page 2 of 8 Roll Call Present: 4 - Mayor Frank Hibbard, Vice Mayor Kathleen Beckman, Councilmember Lina Teixeira, and Councilmember Mark Bunker. Not Present: 1 – Councilmember David Allbritton Also Present: Jon Jennings – City Manager, Michael Delk – Assistant City Manager, and Nicole Sprague – Deputy City Clerk. To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. 1. Call to Order – Mayor Hibbard The meeting was called to order at 6:00 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 rankings: 1 - Diversify the Economic Base (more jobs, US 19, expand non-residential tax base) 2 – Improve Roadways and Traffic 3 – Sustainability (decreasing fossil fuels, solar, planning for sea level rise, decreasing carbon footprint 4 – Quality of Life Services (parks, recreation, libraries, and trails) 5 – Affordable Housing 6 – Public Safety (police and Fire): 7 – Financial Responsibility & Improving City Services 7 – Improving City Services One individual expressed concern that there was no mention of improving services for lower income and senior residents; traffic was the most important priority. City Council Special Meeting May 31, 2022 Page 3 of 8 One individual said improved sidewalks are needed on Poinsettia Ave. and East Shore Dr. on Clearwater beach and money should be allocated to McKay Park improvements; landscaping and shrubs are needed until the new Fire Station is constructed. One individual said affordable housing was their top choice, sidewalks was their last choice and suggested money needed to be put toward mental health for youth who were affected by the pandemic. One individual said there was not much reference to seniors as it relates to services provided and that diversifying income was their first choice and sustainability was their last choice. One individual said affordable and workforce housing was their first priority and said those who have mental health issues and the homeless need more services. One individual said sustainability was the primary issue and is important for future generations. One individual said they would like to hear plans for the bridge traffic to Clearwater beach as it effects residents’ day to day life and that beautification was the least important because we live in a beautiful place. The Mayor said the ferry will start up again full force once Coachman Park is done. He said the bridge was originally built to accommodate light rail but when the piers cracked during construction, engineering firms would not certify that the fix would support light rail. One individual expressed concerns regarding sidewalks only being repaired in disadvantaged neighborhoods and that it is time for communities to all look the same. The Mayor said the funding for sidewalks is being triaged and is used where it’s needed; the City Manager has made sidewalk repairs a priority and the City is starting to catch up. The most severe sidewalk issues are being addressed first, no matter where in the city they are located. He said to make staff aware if anyone has a broken sidewalk in their neighborhood. One individual asked the City to consider laying more fiber optic in the ground and create a new phone company to offer more choices of service other than Spectrum. One individual said public safety is their first priority as there has been a lot of police activity on the beach recently. City Council Special Meeting May 31, 2022 Page 4 of 8 The Mayor said additional police officers are being requested for the new budget year and said the City is blessed with a good police force. 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. 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 City Council Special Meeting May 31, 2022 Page 5 of 8 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 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. City Council Special Meeting May 31, 2022 Page 6 of 8 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. The City Manager said he has spoken with the County Administrator regarding taking over the City’s traffic signals but the fiber needs to be upgraded to make them work. The County has $80 million in transportation and signalization funds. One individual said there is no point in discussing transportation as there is no transportation system to speak of. The City Manager said the City is attempting to help residents navigate the community in a more effective and efficient way. He said the city does not have authority over PSTA. One individual said the funds should be used for the elderly, low income, and youth of Clearwater and provided by way of grants to invest in people and educational programs and not just infrastructure. One individual expressed concern regarding homeless activity in the library. The City Manager said progress has been made over the last couple weeks regarding service provider organizations with plans to bring a centralized facility that includes wrap around services to those who are seeking help. One individual said Safe Harbor is nothing more than a jail diversion center and staff provokes individuals to act in a way that will get them sent to jail. One individual said he was there to speak on behalf of the animal residents and requested additional support as Clearwater is one of the most important nesting places for Loggerhead turtles; the lighting on the beach disorients the new hatchlings that end up dying. One individual said the funds should be used for sustainability, specifically to subsidize residential roof top solar technology as well as provide free wi-fi to all homes in Clearwater. City Council Special Meeting May 31, 2022 Page 7 of 8 City Council Special Meeting May 31, 2022 Page 8 of 8 4. Adjourn The meeting adjourned at 7:07 p.m. Mayor City of Clearwater Attest City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0791 Agenda Date: 8/18/2022 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: City Manager's Office Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Approve an Interlocal Agreement between the City of Clearwater and the Community Redevelopment Agency (CRA) to provide staffing and administrative services for the CRA, provide for the reimbursement of certain expenses by the CRA to the City, and authorize the appropriate officials to execute same. (consent) SUMMARY: The Clearwater Downtown Redevelopment Plan establishes that Tax Increment Funding (TIF) funds received by the CRA may be used for certain redevelopment activities. As per Section 163.387, Florida Statues allow that money in the redevelopment trust fund may be expended to support the activities of the Community Redevelopment Agency, including providing for staff. The CRA partners with the City to provide staffing and other administrative services (IT, Legal etc.) to implement the Downtown Redevelopment Plan. The CRA agrees to provide TIF funding in a total amount not to exceed $691,422 for this contract year. This amount includes $661,392 for existing staffing and $30,030 for other administrative services. These amounts are subject to adjustment and approval in the CRA budget each year. The CRA will only pay the City for actual funds spent. Any unspent funds carry over to the next fiscal year and are reallocated as part of an amended budget request. Page 1 City of Clearwater Printed on 8/17/2022 INTERLOCAL AGREEMENT This Interlocal Agreement is made and entered into this ________ day of _____________, 2022 by and between the Community Redevelopment Agency of the City of Clearwater, Florida (CRA), a redevelopment agency established pursuant to law, and the City of Clearwater (CITY), a municipal corporation of the State of Florida. WHEREAS, this Agreement is made and entered between the parties pursuant to Section 163.01, Florida Statutes, the “Florida Interlocal Cooperation Act of 1969”; and WHEREAS, on May 16, 2016, the Community Redevelopment Agency approved the City Manager’s hiring of a CRA Director as a City employee; and WHEREAS, the City will provide additional staff to assist the CRA director, for which the CRA agrees to reimburse the City; and WHEREAS, Section 163.387, Florida Statutes, allows that moneys in the redevelopment trust fund may be expended from time to time for undertakings of a community redevelopment agency, including providing for staff, as described in the community redevelopment plan; and WHEREAS, the Clearwater Downtown Redevelopment Plan establishes that funds received by the CRA through the use of Tax Increment Financing (TIF) may be used for certain redevelopment activities; and WHEREAS, the CRA wishes to enter into an Interlocal Agreement with the City for the City to provide staff to the CRA and outlining the scope of services and responsibilities of the parties. NOW THEREFORE, in consideration of the covenants made by each party to the other and of the mutual advantages to be realized by the parties hereto, the CRA and the CITY agree as follows: Section 1. Term. This Interlocal Agreement will be effective starting October 1, 2022 and will remain in effect unless terminated by either one of the parties. Section 2. Intent. It is the intent of the parties that the TIF funds paid to the CITY by the CRA pursuant to Section 163.387(6)(a), Florida Statutes, be used to provide the following staff in support of the CRA: INTERLOCAL AGREEMENT TO PROVIDE STAFF, EQUIPMENT AND OFFICE SPACE TO CRA 2 A. Pay the salary and benefits for the CRA Director for the Fiscal Year 2022/2023. This amount may increase annually and is subject to approval in the CRA budget each year. B. Provide for the salary and benefits of additional full-time, part-time and temporary CRA staff that are subject to approval in the CRA budget each year. Section 3. Responsibilities of the CRA Function: Provide TIF funding in the total amount not to exceed $691,422 for the contract year, said funds to be utilized by the City will be allocated in the following manner: A. An amount not to exceed $661,392 to pay the salary and benefits for CRA staff B. $30,030 to pay for City Internal Services These amounts are subject to adjustment and approval in the CRA budget each year. Section 4. Responsibilities of the CITY Scope of Duties: The services that the CITY will provide will be carried out by the City Manager. These services are: A. Provide staffing, Information Technology services, telephone services, Legal services, City Clerk services and other general services and office space in for the CRA. Adopt operational policies necessary to support the work of the CRA. Section 5. Notice. Sixty (60) days notice by either party to the other pursuant to the Interlocal Agreement shall be given in writing and hand-delivered or mailed as follows: Clearwater Community Redevelopment Agency Attn: Jon Jennings, CRA Interim Director PO BOX 4748 Clearwater, Florida 33758 Telephone: (727) 562-4039 INTERLOCAL AGREEMENT TO PROVIDE STAFF, EQUIPMENT AND OFFICE SPACE TO CRA 3 City of Clearwater Attn: City Manager PO BOX 4748 Clearwater, Florida 33758 Telephone: (727) 562-4046 Section 6. Entire Agreement. This document embodies the whole Agreement of the parties. There are no promises, terms, conditions or allegations other than those contained herein. This Agreement shall be binding on the parties, their successors, assigns and legal representatives. Section 7. Indemnification. The CRA and the CITY agree to be fully responsible for their own acts of negligence, or their respective agents’ acts of negligence when acting within the scope of their employment and agree to be liable for any damages resulting from said negligence only to the extent permitted by Section 768.28, Florida Statutes. Nothing herein is intended to nor shall it be construed as a waiver of any immunity from or limitation from liability that the CRA and the CITY are entitled to under the doctrine of sovereign immunity (Section 768.28, Florida Statutes). Nothing herein shall be construed as consent by the CRA or the CITY to be sued by third parties in any manner arising out of this Agreement. Section 8. Filing Effective Date. As required by Section 163.01(11), Florida Statutes, the Interlocal Agreement shall be filed with the Clerk of the Circuit Court of Pinellas County after execution by the parties, and shall take effect upon the date of filing. IN WITNESS WHEREOF, the parties hereto, or their law representatives, have executed this agreement as the date first above written. COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA By: _________________________ Frank V. Hibbard, Chairperson INTERLOCAL AGREEMENT TO PROVIDE STAFF, EQUIPMENT AND OFFICE SPACE TO CRA 4 Approved as to form: Attest: ____________________________ _______________________________ Michael Fuino Rosemarie Call CRA Attorney City Clerk Countersigned: CITY OF CLEARWATER, FLORIDA ___________________________ By:_________________________ Frank V. Hibbard Jon Jennings Mayor City Manager Approved as to form: Attest: ____________________________ _______________________________ Owen Kohler Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0819 Agenda Date: 8/18/2022 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Approve the Community Development Block Grant - Coronavirus (CDBG-CV) Program Agreement between the City of Clearwater and the Early Learning Coalition of Pinellas County, Inc. in an amount not to exceed $345,593 and authorize the appropriate officials to execute same. (consent) SUMMARY: The Early Learning Coalition of Pinellas County, Inc. (ELC) partners with more than 500 preschools, family childcare homes and school age care providers to deliver education and enrichment programs that set a lifelong trajectory. Lack of access to affordable childcare is a common issue preventing families from returning to the workforce. As the cost of childcare rises, families are forced to make tough decisions that impact their children's self-sufficiency and academic success. Access to affordable childcare helps to stabilize families and rebuild our economy. The ELC’s School Readiness program provides tuition assistance to working families. School Readiness funds pay a portion of childcare costs based on the family's household size and annual gross income. While this program serves an average of 6,000 children countywide, the restrictive eligibility criteria leave many families with no support at all. The CDBG -CV Agreement between the City of Clearwater and the ELC will provide tuition assistance to students from low- to moderate-income families who may not qualify under other funding programs. Under this agreement, ELC estimates they will provide partial tuition assistance to 42 Clearwater children at an average subsidy of $145/week over twelve months. Additional benefits to this partnership include a structured learning environment for children, parents returning to the workforce, and increased enrollment for the local childcare industry. APPROPRIATION CODE AND AMOUNT: This agreement will be funded with Community Development Block Grant - Coronavirus funds, a funding source provided by the United States Department of Housing and Urban Development. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 8/17/2022 File Number: ID#22-0819 Page 2 City of Clearwater Printed on 8/17/2022 FY 2021-22. GM21-1510-263 Early Learning Coalition (School Readiness+ Program) CDBG-CV 15130 Page 1 of 47 COMMUNITY DEVELOPMENT BLOCK GRANT – CORONAVIRUS (CDBG-CV) PROGRAM AGREEMENT BETWEEN THE CITY OF CLEARWATER, FLORIDA AND EARLY LEARNING COALITION OF PINELLAS COUNTY, INC. THIS CDBG AGREEMENT (hereinafter the “Agreement”) is made and entered into by and between the City of Clearwater, a Florida municipal corporation, with a principal address of P.O. Box 4748, Clearwater, Florida 33758, (hereinafter referred to as the “City”), and Early Learning Coalition of Pinellas County, Inc., a Florida non-profit corporation, with a principal address of 2536 Countryside Bloulevard, Suite 500, Clearwater, FL 33763 (hereinafter referred to as “Early Learning Coalition” or “Subrecipient”). WITNESSETH: WHEREAS, the Community Development Block Grant Program (“CDBG”) is administered by the United States Department of Housing and Urban Development (“HUD”); WHEREAS, the City is an entitlement community that receives CDBG funds awarded under the Housing and Community Development Act of 1974, in furtherance of its goal of promoting community development and improvement of public facilities, as further detailed in the Consolidated Plan for Housing and Community Development Programs 2020/2021–2024/2025; WHEREAS, in response to the Coronavirus Pandemic (COVID-19), the United States Department of Housing and Urban Development (HUD) has notified the City of Clearwater that it will receive a cumulative allocation of One Million Three Hundred Fifty-One Thousand Five Hundred Sixty dollars and xx/100 cents ($1,351,560.00) of Community Development Block Grant Program – Coronavirus Response funds (CDBG-CV) to be used to prevent, prepare for, and respond to COVID-19; and WHEREAS, the City’s allocation of CDBG-CV was authorized by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), Public Law 116-136, which was signed by President Trump on March 27, 2020, to respond to the growing effects of this historic public health crisis; and WHEREAS, the City has identified that there is a community need for access to affordable childcare; and WHEREAS, the City desires to provide funding to the Subrecipient to provide childcare tuition assistance scholarships for low- to moderate-income working families as set forth more fully in Section 1(4) of this Agreement - Statement of Work/Program and Project Description; and WHEREAS, Early Learning Coalition is a private non-profit corporation that provides early learning education and childcare programs; WHEREAS, Early Learning Coalition submitted a proposal to utilize $345,593 in FY 2021-2022 CDBG funds to enable Early Learning Coalition to provide childcare tuition assistance scholarships to assist Clearwater residents that are seeking assistance and who meet income and COVID-impact criteria; and WHEREAS, these services are an eligible activity under the CDBG program in accordance with 24 CFR §570.201(e). It is a limited clientele activity and meets a national objective as required under 24 CFR §570.200(a)(2) and 24 CFR §570.208(a)(2); and WHEREAS, the Project meets the criteria of an eligible CDBG-CV activity by addressing the lack of access to affordable childcare, which is the primary reason preventing families from returning to the workforce; as the cost of childcare rises, families are forced to make tough decisions that impact their children's self-sufficiency and FY 2021-22. GM21-1510-263 Early Learning Coalition (School Readiness+ Program) CDBG-CV 15130 Page 2 of 47 academic success; and families want to work but need to work a minimum number of hours to qualify for childcare; and WHEREAS, Early Learning Coalition has available the necessary qualified personnel, facilities, materials, and supplies to perform such services and/or carry out such programs for these residents, who are eligible and qualified to receive said services and are within the income limits for low- and moderate-income persons as defined by HUD and adjusted annually, and which current income levels are attached hereto as Exhibit A and incorporated herein by reference. NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, and for other good and valuable consideration, the sufficiency and receipt whereof being hereby acknowledged, the City and Early Learning Coalition agree as follows: SECTION 1: SCOPE OF SERVICES AND USE OF FUNDS 1. Recitals. The recitals set forth above are true and correct and are incorporated herein and made a part of this Agreement. 2. National Objectives and Use. Subrecipient certifies that the activities carried out with the funds provided under this Agreement will meet the CDBG program national objective of benefiting low- and moderate-income persons as required under 24 CFR §570.200(a)(2) and 24 CFR §570.208(a)(2). 3. The Grant. Under the terms and conditions of this Agreement, the City has allocated a subaward to Subrecipient in the amount of THREE HUNDRED FORTY-FIVE THOUSAND FIVE HUNDRED NINETY- THREE DOLLARS ($345,593) in FY 2021-2022 CDBG-CV funds toward the Project, as defined below. Pursuant to 2 CFR §200.332, the required subaward information is attached as Exhibit B. Any funds remaining unexpended or not disbursed to Early Learning Coalition by the City as of the termination date of this Agreement may be deobligated from this Agreement and made available for other City projects as determined by the City. 4. Statement of Work/Program and Project Description. Subrecipient provides early learning education and childcare programs. The subrecipient will provide childcare tuition assistance scholarships to assist Clearwater residents impacted by the COVID-19 Pandemic that will benefit 42 low- to moderate-income City of Clearwater residents according to HUD income guidelines attached hereto as Exhibit A (hereinafter referred to as the “Project”). Additional requirements for the Project are attached hereto as Exhibit C and made a part hereof by this reference. The Budget for this Project is attached as Exhibit D and made a part hereof by this reference. The Subrecipient will be responsible for administering the Project in a manner satisfactory to the City and consistent with any standards required as a condition of providing these funds. The Project will include the following activities eligible for CDBG-CV funds: Activity #1: The Subrecipient shall provide childcare tuition assistance to Clearwater residents who are experiencing a hardship due to the effects of the COVID-19 pandemic for children ages birth to five (prior to kindergarten entry). Childcare tuition assistance scholarships will be provided by the Subrecipient through childcare providers. The scholarships will assist Clearwater families impacted financially by the pandemic, resulting in economic instability of the household; access to affordable childcare will help to stabilize the families. School Readiness+ (SR+) funds will pay a portion of childcare costs based on the family's income. SR+ leverages the School Readiness and Voluntary Prekindergarten programs funded through the Department of Education. SR+ provides children access to programs proven to prepare FY 2021-22. GM21-1510-263 Early Learning Coalition (School Readiness+ Program) CDBG-CV 15130 Page 3 of 47 children for kindergarten entry, thereby setting them on a trajectory for academic and life success. The Subrecipient shall be responsible for ensuring all clients using the program complete the Self- Certification of Annual Income form included in Exhibit N of this Agreement and verifying that the clients served are at or below 80% Area Median Income (AMI) based on CDBG income limits. Clients who will receive a childcare tuition assistance scholarship must also complete the Self-Certification of Duplication of Benefits form provided in Exhibit O and provide at least one of the following documents to support their household income reported on the Self-Certification of Income form: Earnings and leave statements, letters identifying the amount of unemployment benefits, Form 1040 tax form, and/or letters from other programs that the individual participates in that has the same or more stringent income requirements as the CDBG Program (e.g. SNAP, Medicaid, etc.). Any costs paid on behalf of the client for childcare tuition assistance scholarships shall be paid by the Subrecipient directly to the childcare provider. No direct payment shall go to the client. Providers must have an executed SR+ Provider Contract. Eligible SR+ providers must be licensed family childcare homes, childcare centers, or legally licensed exempt providers located in Pinellas County. Providers must have an active School Readiness Provider Contract. Center providers must also have an active VPK Provider Contract. Alignment with School Readiness and VPK program requirements ensures oversight and leverages existing investments in provider monitoring and quality assurance. Supporting documentation including copies of invoices, a copy of the contract, and an invoice or register from the childcare provider outlining the costs due shall be obtained prior to payment of these costs to the provider. The Subrecipient shall verify that no duplicate payments (duplication of benefits) are paid for direct assistance to clients. Clients must also complete and sign the Self-Certification of Duplication of Benefits form included in Exhibit O. The Subrecipient must complete and sign the Duplication of Benefits Calculation Worksheet form included in Exhibit P. National Objective: The Subrecipient certifies that the activities carried out under this Agreement will meet the Low- and Moderate-Income Limited Clientele Benefit National Objective by providing childcare tuition assistance scholarships to low- and moderate-income residents. Furthermore, the Subrecipient agrees that 100% of the individuals assisted through the activities funded by this Agreement have annual household income levels of 80% of area median income or less. Said verification shall include submittal of the Self-Certification of Annual Income forms, as provided by the City and attached hereto as Exhibit N. Subrecipient shall submit Self-Certification of Annual Income forms with all payment requests. Duplication of Costs: Subrecipient certifies that work to be performed under this Agreement does not duplicate any work to be charged against any other contract, subcontract, or other source. 5. Goals and Performance Measures: Implementation Schedule. Subrecipient agrees to work diligently toward the completion of the Project and complete the Project by September 30,2023. By February 1, 2023, at least 50% of the grant award shall have been requested. If less than 50% of the funds have been expended, the City will review Subrecipient’s progress and its inability to meet this 50% grant expenditure rate as a performance indicator and it will factor into the City’s determination of non-compliance. HUD requires the City to timely spend its CDBG funds. Therefore, it is critical that Subrecipient complies with these time deadlines. Time is of the essence. Subrecipient’s failure to work diligently toward timely completing the Project and incidents of non-performance may result in conditions being placed on the grant funds, suspension of grant funds, or the City may cease disbursing funds pursuant to this Agreement so that the City can reallocate the funds for other uses or projects. FY 2021-22. GM21-1510-263 Early Learning Coalition (School Readiness+ Program) CDBG-CV 15130 Page 4 of 47 6. Performance Monitoring. The City will monitor Subrecipient’s performance against goal and performance standards and compliance with the terms of this Agreement as required herein. Further monitoring requirements are set forth in Section 2 herein. Substandard performance as determined by the City will constitute non-compliance with this Agreement. If action to correct such substandard performance is not taken by Subrecipient within thirty (30) days after being notified by the City, the City will terminate this Agreement and all funding will end. Subrecipient must return any CDBG-CV funds within five (5) days of the Economic Development and Housing Department Director’s or Assistant Director’s written request. 7. Expenditure of Funds/Budget. Subrecipient shall use the grant proceeds for eligible expenses permitted under the CDBG regulations as set forth in 24 CFR Part 570 and in accordance with the Budget attached hereto as Exhibit D and made a part hereof by this reference. Any changes in budget line items, including additions, must be requested in writing and must be approved in writing by the Economic Development and Housing Department Director or Assistant Director before related expenditures can be undertaken. Subrecipient shall be responsible for any cost overruns above the grant amount of $345,593. Subrecipient shall not use any CDBG-CV funds for prohibited activities as set forth in 24 CFR §570.207. Notwithstanding anything to the contrary in this Agreement, the City also reserves the right to request and approve documentation supporting any requests for reimbursement to verify the reasonableness and validity of such costs and said Budget may be modified by the City accordingly. Subrecipient acknowledges and agrees that any funds not used in accordance with permitted CDBG regulations and the Budget must be repaid to the City. 8. Term. This Agreement shall be in effect for the period commencing on the effective date hereof, and terminating on September 30,2023. Costs may not be incurred after September 30,2023. Notwithstanding anything herein to the contrary, Subrecipient’s obligations to the City shall not end until all closeout requirements are completed including, but not limited to, such things as making final payments, disposing of program assets, and retention of records. Also, notwithstanding the foregoing, the term of this Agreement and the provisions herein shall be extended to cover any additional time period during which Subrecipient remains in control of CDBG or CDBG-CV funds or other assets, including Program Income or for any HUD audits requiring repayment of any funds unlawfully spent under this Agreement. SECTION 2: ADMINISTRATIVE REQUIREMENTS 1. Applicable Laws and Regulations. Subrecipient shall comply with the requirements of the Housing and Community Development Act of 1974, as amended, all CDBG program requirements, 24 CFR Part 570, and other laws and regulations and regulatory guidance governing the use of these funds, whether set forth herein or not, and any amendments or policy revisions thereto which shall become effective during the term of this Agreement. It is Subrecipient’s responsibility to read, understand, and comply with these laws and regulations. In addition, Subrecipient shall abide by any and all other applicable federal or state laws, rules, regulations, HUD guidance, and policies governing the funds provided under this Agreement, whether presently existing or hereafter promulgated. Subrecipient shall also comply with all other applicable federal, state, or local laws, statutes, ordinances, rules and regulations. 2. Uniform Administrative Requirements and Cost Principles. Subrecipient shall comply with the uniform administrative requirements specified at 24 CFR §570.502 and §570.610. Subrecipient also agrees to comply with the provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements set forth in 2 CFR Part 200 and adopted by HUD at 2 CFR Part 2400. Although 2 CFR Part 200 addresses many requirements, some of the items it addresses includes, but is not limited to, standards for financial and program management, property and procurement standards, performance and financial monitoring and reporting, subrecipient monitoring and management, record retention and FY 2021-22. GM21-1510-263 Early Learning Coalition (School Readiness+ Program) CDBG-CV 15130 Page 5 of 47 access, remedies for noncompliance, FFATA and closeout. Subrecipient is aware and acknowledges that 2 CFR Part 200 and 2 CFR Part 2400 are recent regulatory changes to the administrative requirements and HUD is in the process of developing guidance on their specific requirements. Although this may change the administrative requirements set forth herein, Subrecipient will comply with whatever guidance HUD requires. Subrecipient also agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, maintain necessary source documentation for all costs incurred, and submit an indirect cost allocation plan, if such plan is required. Subrecipient also agrees to comply with the Program Requirements set forth in Exhibit E which is attached hereto and incorporated herein by this reference. 3. Procurement/Subcontracting/Third-Party Contracts. If Subrecipient hires contractors, Subrecipient shall procure all material, property, or services in accordance with state and local requirements and the requirements of 2 CFR §§200.318–200.327. Third parties may be procured for a variety of services. Subrecipient shall ensure that all subcontracts let in the performance of this Agreement shall be awarded on a fair, full, and open competition basis in accordance with applicable procurement requirements and secure at least three (3) price quotes or bids, as applicable. Subrecipient shall incorporate in any and all bid documents and contracts with third parties the provisions required in 2 CFR §200.327 and Appendix II to Part 200, including, but not limited to, provisions which will obligate each of its subcontractors to comply with all notices pertaining to HUD guidelines such as bidding procedures, Davis Bacon, Equal Employment Opportunity requirements, Section 3 requirements, all affirmative action laws, nondiscrimination requirements, anti-kickback requirements, federal labor standard provisions, and lobbying prohibitions issued by various federal agencies applicable to the CDBG program. Subrecipient shall not enter into any subcontract with any entity, agency, or individual in the performance of this Agreement without the written consent and approval of the City’s Economic Development and Housing Department prior to execution of the agreement or contract. Subrecipient agrees to furnish to the Economic Development and Housing Department a copy of each third-party contract it enters into an agreement with for the performance of work to be undertaken within the scope of this Agreement along with documentation concerning the selection process. The lowest and most responsive bidder shall be recommended by Subrecipient to the City’s Economic Development and Housing Department. Subrecipient shall require and monitor compliance by all contractors, subcontractors, and other third parties. Subrecipient will monitor all subcontracted services on a regular basis to ensure contract compliance. Results of monitoring efforts shall be summarized in the monthly report. The City shall not be obligated or liable hereunder to any party Subrecipient enters into agreements with for the Project. 4. Records to be Maintained. Subrecipient shall maintain all records required by 2 CFR Part 200, 24 CFR §570.506, and 24 CFR §570.502 regarding records that must be maintained for the Project. Such records shall include but are not limited to: a) Records providing a full description of each activity undertaken and its CDBG eligibility, including its location, and the amount of CDBG or CDBG-CV funds budgeted, obligated, and expended for the activity; b) Records demonstrating that each activity undertaken meets one of the national objectives of the CDBG program (i.e. the criteria set forth in 24 CFR §570.208); to support activities by a limited clientele, Subrecipient must obtain data showing the family size and annual income of each person receiving the benefit and that at least 51% of those served are low- and moderate-income persons; c) Records required to determine the eligibility of activities; FY 2021-22. GM21-1510-263 Early Learning Coalition (School Readiness+ Program) CDBG-CV 15130 Page 6 of 47 d) Records for each activity carried out for the purpose of providing or improving services and programs which is determined to benefit low- and moderate-income persons including the total cost of the activity, including both CDBG and non-CDBG funds and the size and income and eligibility of each person or household; e) Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; f) Records that demonstrate compliance with the requirements in 24 CFR §570.505 regarding any change of use of real property acquired or improved with CDBG assistance; g) Records that demonstrate compliance with citizen participation requirements; h) Records that demonstrate compliance with requirements in 24 CFR §570.606 regarding acquisition, displacement, relocation, and replacement housing; i) Records documenting compliance with all Fair Housing and Equal Opportunity regulations; j) Financial records that document all transactions and that can be properly documented and audited, as required by 24 CFR §570.502 and 2 CFR Part 200; k) Records and agreements related to lump sum disbursements to private financial institutions for financing rehabilitation as prescribed in 24 CFR §570.513; l) Other records necessary to document compliance with Subpart K of 24 CFR Part 570; m) Copies of all bid documents, bids received, Requests for Proposals, Requests for Qualifications, and any other procurement documents; n) Copies of all third-party or subcontracts; and o) Detailed records of Subrecipient’s organization, financial and administrative systems, and the specific CDBG-funded project or activities. Please note that the above descriptions are brief and provide only a summary of the records Subrecipient is required to maintain. Subrecipient agrees to consult 2 CFR Part 200 and 24 CFR §570.506 for a detailed description of the required records. 5. Retention of Records. All records must be accurate, complete and orderly. Subrecipient shall retain all accounting records, financial records, statistical records, supporting documents, source documentation to support how CDBG or CDBG-CV funds were expended, and all other documents pertinent to the Project and this Agreement in accordance with the requirements of 2 CFR Part 200 as modified by 24 CFR §570.502, plus a five (5)-year retention period. This retention period begins on the date of the submission of the City’s Consolidated Annual Performance and Evaluation Report (CAPER) to HUD in which the activities assisted under the Agreement are reported on for the final time. Notwithstanding the above, 2 CFR §200.334 states that Subrecipient may need to keep the records for longer if they fall into one of the following exceptions: if any records are the subject of any litigation, claim, or audit that started before the expiration of the five (5)-year period, then such records must be kept until such litigation, claims, or audit findings have been resolved, completed and final action taken; records for any displaced person must be kept for five (5) years after he/she has received final payment; records for FY 2021-22. GM21-1510-263 Early Learning Coalition (School Readiness+ Program) CDBG-CV 15130 Page 7 of 47 any real property and any equipment acquired with these funds shall be retained for five (5) years after final disposition; if Subrecipient is notified by the City, HUD, its cognizant agency for audit, its oversight agency for audit, its cognizant agency for indirect costs, or the City to extend the retention period; records for program income after the period of performance; and indirect cost rate proposals and cost allocation plans. 6. Monitoring and Inspections/Access to Records. Subrecipient shall monitor the progress of the Project covered by this Agreement and shall submit appropriate reports to the City. The City shall monitor Subrecipient’s performance and financial and programmatic compliance. Subrecipient shall allow on-site monitoring of the Subrecipient’s facility and this Project on as frequent a basis as the City deems necessary and at any other time that may be required by HUD to determine compliance with CDBG regulations and this Agreement. Subrecipient shall also furnish and cause each of its own subcontractors, if any, to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the City, HUD, or any other authorized official or designee for purposes of investigation to ascertain compliance with the rules, regulations, and provisions stated herein. All files, records, and documents, including financial statements and data, shall be made available for review to the City’s Economic Development and Housing Department, any auditors, the City’s Office of Internal Audit, Comptroller General, HUD, the Inspector General, and/or any of their authorized representatives, who shall have access to and the right to audit, examine, inspect, make transcripts or excerpts of any of the above records, documents, or papers related to the Project or to meet any HUD requirements during normal business hours and any other reasonable time requested. This right also includes timely and reasonable access to Subrecipient’s personnel for the purpose of interviewing and discussion related to said documents. This same right to review and access will be imposed upon any third party or subcontractor and it is Subrecipient’s responsibility to ensure that any contract entered into with third parties contain all necessary clauses and language required by the City and/or HUD to ensure compliance with this Agreement and with all federal, state, and local laws and regulations. This section shall survive termination of this Agreement. 7. Audits and Financial Statements. a) Subrecipient shall comply with 2 CFR Part 200 Subpart F – Audits. In accordance with 2 CFR §200.510, Subrecipient shall prepare financial statements and a schedule of expenditures of federal awards. Subrecipient shall provide the City with its annual financial statement within ninety (90) days of the end of its operating year. This financial statement shall be prepared by an actively licensed public accountant. b) In addition, if expending more than $750,000 of Federal awards during an operating year, Subrecipient shall comply with the audit provisions contained in 2 CFR 200 Subpart F and the Single Audit Act Amendments of 1996 (31 U.S.C. §§7501-7507). Audits shall be conducted annually. Subrecipient shall submit its annual audit to the City and within one hundred twenty (120) days of the end of Subrecipient’s fiscal year. Subrecipient must clear any deficiencies noted in the audit reports within thirty (30) days after receipt of any noted deficiencies. In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not expended in accordance with the conditions of this Agreement, Subrecipient shall be held liable for reimbursement to the City of all funds not expended in accordance with those regulations and Agreement provisions within thirty (30) days after City has notified Subrecipient of such non-compliance. Any reimbursement by Subrecipient shall not preclude the City from taking any other action or pursuing other remedies. Failure to comply with these audit requirements constitutes a violation of the Agreement and may result in the withholding of future payments. If FY 2021-22. GM21-1510-263 Early Learning Coalition (School Readiness+ Program) CDBG-CV 15130 Page 8 of 47 Subrecipient expends less than $750,000 in federal awards during its fiscal year, they are exempt from this requirement, except as noted in 2 CFR §200.503, but records must be available for review or audit by appropriate officials of HUD, the City, or GAO. c) Subrecipient also agrees to allow the City’s Internal Audit Department, or any of the City’s other departments or representatives, to conduct any audits or financial monitoring the City feels necessary at any time during the term of this Agreement or pursuant to any HUD request. Subrecipient shall provide written confirmation to City highlighting the status of actions planned or taken to address Single Audit findings of deficiencies related to the subaward provided for hereunder in accordance with 2 CFR §200.332(d)(2). 8. Program Income. Subrecipient shall report all Program Income, as defined and required at 24 CFR §570.500 and 24 CFR §570.504, in a monthly report to the City’s Economic Development and Housing Department. Documentation of the receipt of Program Income, such as supporting schedules identifying the project and the source of income, must be submitted to the City within five (5) days of its receipt. At the end of the program year or upon expiration or earlier termination of this Agreement, Subrecipient shall transfer all CDBG Program Income to the City within five (5) days of the expiration or termination of this Agreement. If Subrecipient receives any Program Income after this Agreement expires or is terminated, Subrecipient shall immediately remit said Program Income balances to the City as required in 24 CFR §570.503 within five (5) days of receipt. If applicable, Subrecipient shall file reports of Program Income as set forth in the below section entitled “Reports.” 9. Reports. Subrecipient shall file reports in accordance with the Reporting Schedule attached as Exhibit F. Subrecipient shall provide the City’s Economic Development and Housing Department with monthly, quarterly, and annual reports concerning the progress made on the Project, in the City’s Subrecipient Portal of Neighborly Software. The report and its supporting documentation shall include the following information: 1) name and address of each client served; 2) narrative statement of the services provided to each client; selection of any contractors, utilization of MBE/WBEs, and 3) such other information as may be considered appropriate by the City, such as client data demonstrating client eligibility including, but not limited to, ethnicity, race, gender, age, head of household, income level, or other basis for determining eligibility. Subrecipient shall also file a Timesheet Activity Report for personnel activities including but not limited to duties performed and time allocated in the form attached hereto as Exhibit G, or on such forms provided by the City. Subrecipient shall also file and report on such other information as may be considered appropriate by the City. The monthly report shall be due on the 10th of each month for activities conducted during the preceding month. The quarterly reports are due the 10th day of the month following the end of the quarter for March, June, September, and December. Annual reports are due by October 10, 2023 for activities conducted during the preceding year (Example: October 1, 2022 – September 30, 2023). 10. Reversion of Assets. The reversion of assets and use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 2 CFR §200.311 and §200.313, 24 CFR §570.502, §570.503, §570.504, and §570.505, as applicable, which include but is not limited to the following: a) Subrecipient shall transfer to the City any CDBG or CDBG-CV funds or Program Income on hand at the time of expiration or termination of this Agreement and any accounts receivable attributable to the use of CDBG or CDBG-CV funds as required by 24 CFR §570.503(b)(7); and FY 2021-22. GM21-1510-263 Early Learning Coalition (School Readiness+ Program) CDBG-CV 15130 Page 9 of 47 b) If this Agreement involves real property under Subrecipient’s control that was acquired or improved, in whole or in part, with CDBG or CDBG-CV funds in excess of $25,000, then the real property: (1) shall continue for a period of five (5) years following the expiration of this Agreement to be used to meet one of the CDBG national objectives cited in 24 CFR §570.208; or (2) if Subrecipient fails to use the property in accordance with paragraph (a) above, Subrecipient shall pay the City an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition or improvement to the property. The payment shall be considered Program Income to the City. 11. Indirect Costs. If applicable and requested by the City, Subrecipient shall develop an indirect cost allocation plan in accordance with 2 CFR Part 200 for determining the appropriate share of administrative costs and shall submit such plan to the City for approval in a form specified by the City. This indirect cost allocation plan must be submitted before any funds will be disbursed under this Agreement. 12. Payment Procedures/Reimbursement of Funds. This is a cost reimbursement agreement. Reimbursement of funds under this Agreement may be requested only for necessary, reasonable, and allowable costs described in the Budget, attached hereto as Exhibit D and for which Subrecipient has made payment. Upon compliance with the terms of this Agreement, the City will reimburse funds only after completion of the work and after receipt and approval by appropriate City personnel of the Draw Request (to be submitted in the City’s Subrecipient Portal of Neighborly Software). Draw Requests shall be submitted no more frequently than once a month and shall be in accordance with the Budget specifying the services performed and expenses incurred. Upon compliance with the terms of this Agreement, the City will reimburse funds to Subrecipient for the Project after the completion of the work has been verified and approved by the Economic Development and Housing Department and after receipt and approval by appropriate City personnel of a Draw Request which shall be in accordance with the Budget specifying the expenses incurred. All Draw Requests must be accompanied by adequate billing documentation of payment for eligible expenses (i.e. invoices, costs, receipts, bills from vendors, copies of checks, lien waivers, affidavits, applications, certifications, timesheets) and other supporting documentation the City may request. Draw Requests shall include adequate documentation of expenditures and all other information described in Exhibits E-G, attached hereto and incorporated herein by reference. No interest shall be earned on grant proceeds. All Draw Requests submitted to the City must be submitted by an authorized signatory of Subrecipient and certified in accordance with 2 CFR §200.415. Notwithstanding anything to the contrary in this Agreement, the City also reserves the right to request and approve documentation supporting any Draw Requests to verify the reasonableness and validity of such costs and such Budget may be modified by the City accordingly. Notwithstanding anything herein to the contrary, Subrecipient shall not request payment from the City under this Agreement for any portion which has been paid from another source of revenue and further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. 13. Withholding Payments. The City’s obligation to reimburse Subrecipient is conditioned on Subrecipient’s full compliance with this Agreement. A breach of this Agreement is grounds for non-payment by the City. FY 2021-22. GM21-1510-263 Early Learning Coalition (School Readiness+ Program) CDBG-CV 15130 Page 10 of 47 SECTION 3: DISPLACEMENT, RELOCATION, ACQUISITION, AND REPLACEMENT OF HOUSING 1. Displacement, Relocation, Acquisition and Replacement of Housing. In accordance with 24 CFR §570.606, Subrecipient shall take all reasonable steps to minimize the displacement of persons as a result of activities funded under this Agreement. Any persons displaced shall be provided with relocation assistance to the extent permitted and required under applicable regulations. Subrecipient shall comply with 1) the Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970, as amended, 42 U.S.C. 4601 et seq. (URA, Uniform Act) and the implementing regulations at 49 CFR Part 24 and 24 CFR §570.606(b); 2) the requirements of 24 CFR §570.606(c) governing the Residential Anti-displacement and Relocation Assistance Plan under Section 104(d) of the Housing and Community Development Act; and 3) the requirements in 24 CFR §570.606(d) governing relocation policies established by the City. Subrecipient shall provide all notices, advisory assistance, relocation benefits, and replacement dwelling units as required by said regulations, rules, and documents. Subrecipient shall provide relocation assistance to persons (families, individuals, businesses, nonprofit organizations, and farms) that are displaced as a direct result of acquisition, rehabilitation, demolition, or conversion of a CDBG-assisted project. Subrecipient shall comply with 24 CFR §570.606 and shall keep all records demonstrating compliance with these requirements including, but not limited to, those records required in 24 CFR §570.506. SECTION 4: PERSONNEL AND PARTICIPANT CONDITIONS 1. Nondiscrimination. Subrecipient shall always comply with Sections 104(b), 107, and 109 of the Housing and Community Development Act of 1974, as amended, and 42 U.S.C. §5309, et seq., 24 CFR §570.602, and 24 CFR Part 6. In accordance with Section 109 of the Housing and Community Development Act of 1974, no person in the United States shall on the ground of race, color, national origin, religion, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whole or in part with CDBG or CDBG-CV funds. Subrecipient shall also comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d, et seq.) (Nondiscrimination in Federally Assisted Programs) and implementing regulations in 24 CFR Part 1. Title VI provides that no person in the United States shall on the grounds of race, color or national original be excluded from participation in, be denied benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance. HUD’s Title VI regulations specify types of prohibited discrimination. Subrecipient must not, for example, based on race, color, or national origin deny a person housing or services; provide different housing or services than those provided others; subject a person to segregation or separate treatment in the receipt of housing or services; use different admission or eligibility requirements for housing or services; or select a housing site or location with the purpose or effect of excluding or denying benefits to persons in protected classes. Subrecipient shall also not discriminate based on age under the Age Discrimination Act of 1975 (42 U.S.C. §6101, et seq.) and the implementing regulations contained in 24 CFR Part 146, or based on disability as provided in Section 504 of the Rehabilitation Act of 1973, and the implementing regulations contained in 24 CFR Part 8. Any contracts entered into by Subrecipient shall include a provision for compliance with these regulations. Subrecipient shall keep records and documentation demonstrating compliance with these regulations. 2. Equal Employment Opportunity. Subrecipient shall comply with 24 CFR §570.607, Executive Order 11246, as amended by Executive Orders 11375, 11478, 12086, and 12107 (Equal Employment Opportunity Programs), and Executive Order 13279 (Equal Protection of the Laws for Faith Based FY 2021-22. GM21-1510-263 Early Learning Coalition (School Readiness+ Program) CDBG-CV 15130 Page 11 of 47 Community Organizations) and the implementing regulations in 41 CFR Part 60, and the provisions of the Equal Employment Opportunity Clause attached hereto as Exhibit H, and made a part hereof by this reference. Any contracts or subcontracts entered into by Subrecipient or its contractors shall also require compliance with these regulations and will, in all solicitations or advertisements for employees state that Subrecipient is an Equal Opportunity/Affirmative Action employer and attach this clause. Subrecipient shall keep records and documentation demonstrating compliance with these regulations. 3. Handicapped Accessibility Requirements. Subrecipient shall comply with the Architectural Barriers Act of 1968 (42 U.S.C. §§4151-4157), the Uniform Federal Accessibility Standards, as set forth in 24 CFR §570.614, the Americans with Disabilities Act of 1990 (42 U.S.C. §12131) and its implementing regulations in 28 CFR Parts 35 and 36, Section 504 of the Rehabilitation Act of 1973 and the implementing regulations in 24 CFR Part 8, and all state and local laws requiring physical and program accessibility to people with disabilities. Any contracts entered into by Subrecipient shall include a provision for compliance with these regulations. Subrecipient shall keep records demonstrating compliance with these regulations. 4. Utilization of Minority/Women’s Business Enterprises. Subrecipient must take all necessary steps to ensure that minority/women’s business enterprises are used when possible, including for consideration for participation in all construction, supply, or service contracts or in the performance of this Agreement. Affirmative steps include those items required in 2 CFR §200.321 which include 1) placing qualified small and minority businesses and women’s business enterprises on solicitation lists; 2) assuring that small and minority businesses and women’s business enterprises are solicited whenever they are potential sources; 3) dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises; 4) establishing delivery schedules where the requirement permits which encourage participation by small and minority businesses, and women’s business enterprises; 5) using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and 6) requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in 1-5. Subrecipient shall also comply with Executive Order 11625, as amended by Executive Order 12007 (Minority Business Enterprises); Executive Order 12432 (Minority Business Enterprise Development); and Executive Order 12138, as amended by Executive Order 12608 (Women’s Business Enterprise). Any contracts entered into by Subrecipient shall include a provision for compliance with these regulations. Subrecipient shall keep records demonstrating compliance with this provision. 5. Political Activities. Subrecipient shall comply with 24 CFR §570.207(a)(3) regarding political activities. CDBG or CDBG-CV funds shall not be used for lobbying or political patronage activities. Subrecipient further agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent be engaged in the conduct of political activities in violation of Chapter 15 of Title V, United States Code (Hatch Act) or 24 CFR §570.207(a)(3). 6. Anti-Lobbying Provision. Subrecipient shall comply with the requirements set forth in 31 U.S.C. §1352 and implementing regulations at 24 CFR Part 87. Subrecipient and any contractors who apply or bid for an award of $100,000 or more shall execute and comply with the “Certification Regarding Lobbying” attached hereto as Exhibit I and made a part hereof by this reference. Subrecipient shall execute the “Certification Regarding Lobbying” and a copy shall be kept in the files of each of the parties of this Agreement. 7. Conflict of Interest. In the procurement of supplies, equipment, construction, and services, Subrecipient shall comply with the conflict of interest rules in 2 CFR Part 200. Subrecipient agrees and warrants that it will establish and adopt written standards of conduct governing conflicts of interest and the performance FY 2021-22. GM21-1510-263 Early Learning Coalition (School Readiness+ Program) CDBG-CV 15130 Page 12 of 47 of its officers, employees, or agents engaged in the selection, award and administration of contracts supported by these federal funds. At a minimum these safeguards must ensure that no employee, officer or agent must participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated in 2 CFR §200.318, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of Subrecipient must neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. These standards of conduct must also provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of Subrecipient. If Subrecipient has a parent, affiliate, or subsidiary organization, Subrecipient must also maintain written standards of conduct covering organizational conflicts of interest. In all cases not governed by 2 CFR Part 200, Subrecipient shall comply with the conflict of interest provisions contained in 24 CFR §570.611. Such cases include the acquisition and disposition of real property and the provision of assistance by Subrecipient to individuals, businesses, and other private entities under eligible activities that authorize such assistance. Although this summary does not intend to replace 24 CFR §570.611, essentially this rule states that no “person” described in §570.611(c) who exercise or have exercised any functions or responsibilities with respect to activities assisted with CDBG or CDBG-CV funds, or who is in a position to participate in a decision making process or gain inside information with regard to these activities, may obtain a financial interest or benefit from a CDBG assisted activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. The “persons” covered in 24 CFR §570.611(c) include employees, agents, consultants, officers, or elected officials or appointed officials of the recipient or of any designated public agencies or of Subrecipients that are receiving CDBG or CDBG-CV funds. Subrecipient shall also keep records supporting requests for waivers of conflicts. Subrecipient will disclose in writing any potential conflicts of interest to the City. By executing this Agreement, Subrecipient covenants and certifies that none of its employees, officers, or agents described in these regulations have any interest in this Agreement or the Property being rehabilitated or any other interest which would conflict in any manner with this Agreement or the performance of this Agreement. 8. Section 3 of the Housing and Urban Development Act of 1968/Equal Opportunity. Subrecipient shall comply with the provisions of Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. §1701u) and its implementing regulations contained in 24 CFR Part 75 regarding economic opportunities for low-income persons and the use of local businesses, if applicable. Subrecipient shall comply with the provisions of the “Section 3 Clause,” attached hereto as Exhibit J and made a part hereof by this reference, and require all subcontracts to contain a copy of the Section 3 clause. Subrecipient shall also keep records demonstrating compliance with these regulations, including 24 CFR §570.506(g)(5). 9. Faith-Based Activities. Subrecipient shall comply with Executive Order 13279, 24 CFR §5.109 (Equal Participation of Religious Organizations in HUD Programs and Activities), and 24 CFR §570.200(j). Essentially, these regulations provide for the following: a) Equal treatment of program participants and program beneficiaries. (1) Program participants. Organizations that are religious or faith-based are eligible, on the same basis as any other organization, to participate in the CDBG program. Neither the Federal Government nor a State or local government receiving funds under the CDBG FY 2021-22. GM21-1510-263 Early Learning Coalition (School Readiness+ Program) CDBG-CV 15130 Page 13 of 47 program shall discriminate against an organization based on the organization’s religious character or affiliation. b) Separation of inherently religious activities. Organizations that are directly funded under the CDBG program may not engage in inherently religious activities, such as worship, religious instruction, or proselytization, as part of the programs or services funded. If an organization conducts such activities, the activities must be offered separately, in time or location, from the programs or services funded under this part, and participation must be voluntary for the program beneficiaries of the HUD-funded programs or services provided. c) Religious Identity. A religious organization that is a recipient or subrecipient of CDBG program funds will retain its independence, autonomy, expression of religious beliefs, or religious character. Such organization will retain its independence from federal, state, and local governments, and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided that it does not use direct CDBG or CDBG-CV funds to support any inherently religious activities, such as worship, religious instruction, or proselytization. Among other things, faith-based organizations may use space in their facilities to provide CDBG-funded services, without removing or altering religious art, icons, scriptures, or other religious symbols. In addition, a CDBG-funded religious organization retains its authority over its internal governance, and it may retain religious terms in its organization’s name, select its board members on a religious basis, and include religious references in its organization’s mission statements and other governing documents. d) Beneficiaries. An organization that participates in the CDBG program shall not in providing program assistance discriminate against a program beneficiary or prospective program beneficiary based on religion or religious belief. e) Structures. CDBG or CDBG-CV funds may not be used for the acquisition, construction, or rehabilitation of structures to the extent that those structures are used for explicitly religious activities. CDBG funds may be used for the acquisition, construction, or rehabilitation of structures only to the extent that those structures are used for conducting eligible activities under this part. Where a structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, new construction, or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to CDBG funds. Sanctuaries, chapels, or other rooms that a CDBG-funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG-funded improvements. Disposition of the real property after the term of the loan or grant, or any change in use of the property during the term of the grant or loan, is subject to government-wide regulations governing real property disposition (2 CFR Part 200). 10. Drug-Free Workplace. Subrecipient will provide a drug-free workplace. Subrecipient shall comply with the Drug-Free Workplace Act of 1988 and implementing regulations in 2 CFR Part 2429 regarding maintenance of a drug-free workplace. Subrecipient shall complete and comply with the “Certification Regarding Drug-Free Workplace Requirements” attached hereto as Exhibit K and made a part hereof by this reference. Subrecipient shall ensure that the provisions of the clauses in Exhibit K are included in all third-party contracts, subcontracts, and purchase orders that exceed ten thousand dollars ($10,000), so that the provisions will be binding upon each subcontractor or vendor. Subrecipient will complete this certification and a copy shall be kept in the files of each of the parties of this Agreement. FY 2021-22. GM21-1510-263 Early Learning Coalition (School Readiness+ Program) CDBG-CV 15130 Page 14 of 47 11. Program Requirements. Subrecipient agrees to comply and carry out all its activities in accordance with the CDBG program requirements set forth in 24 CFR Part 570, Subpart K. 12. Fair Housing Act and Nondiscrimination and Equal Opportunity in Housing Under E.O. 11063. Subrecipient shall comply with the Fair Housing Act (42 U.S.C. §§3601-3620) and implementing regulations at 24 CFR Part 100; and Executive Order 11063, as amended by Executive Order 12259 (Equal Opportunity in Housing) and their implementing regulations in 24 CFR Part 107. Executive Order 11063 prohibits discrimination based on race, color, religion, or national origin or to be denied equal opportunity in housing or related facilities (i.e. housing, rental, leasing, sale, or other disposition of residential property). Subrecipient shall keep records demonstrating compliance with this provision. 13. Resident Aliens. Subrecipient shall comply with the requirements set forth in 24 CFR §570.613 regarding eligibility restrictions for certain resident aliens. 14. Debarment and Suspension. Subrecipient shall comply with the debarment and suspension requirements set forth in 24 CFR §570.609, which requires compliance with 24 CFR Part 5 and 2 CFR Part 2424. Subrecipient shall not enter into a contract with any person, agency, or entity that is debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549 or 12689, “Debarment and Suspension,” which is made a part of this Agreement by reference. In the event that Subrecipient has entered into a contract or subcontract with a debarred or suspended party, no CDBG or CDBG-CV funds will be provided as reimbursement for the work done by that debarred or suspended contractor or subcontractor. Subrecipient shall keep copies of the debarment and suspension certifications required by 2 CFR Part 2424 and a copy of the sheet documenting that the federal debarment list was checked. 15. Florida Statutes, Clearwater City Code, and Permits. Subrecipient agrees to comply with all laws of the State of Florida and the Clearwater City Code. In particular, Subrecipient shall comply with all licensing, registration, and other applicable laws and regulations governing their ability to administer the Program and the activities in the Project. 16. Agreement Between City and HUD. Subrecipient agrees that it shall be bound by the standard terms and conditions used in the CDBG Agreement between the City and HUD, and such other rules, regulations, or requirements as HUD may reasonably impose in addition to the conditions of this Agreement or subsequent to the execution of this Agreement by the parties hereto. 17. Fees for Use of Facilities. Reasonable fees may be charged for the use of the facilities assisted with CDBG funds, but charges such as excessive membership fees, which have the effect of precluding low- and moderate-income persons from using the facilities, are not permitted. 18. Registration. Subrecipient agrees to maintain a current registration in the federal System for Award Management (“SAM”) database (sam.gov) pursuant to the Federal Funding Accountability and Transparency Act (FFATA), P.L. 109-282, as amended by Section 6202(a) of P.L. 110-252 and the regulations implementing the Act at 2 CFR Part 25 and 2 CFR Part 170. If Subrecipient is not currently registered, it must do so within ten (10) days of the date Subrecipient executes this Agreement. A Dun and Bradstreet Data Universal Numbering System (DUNS) Number (dnb.com) is required for registration. Subrecipient shall also complete and sign the affidavit attached hereto as Exhibit L in conjunction with its execution of this Agreement and provide any supporting documentation, if required. 19. Mandatory Disclosures – Violations of Federal Criminal Law. Subrecipient must disclose to the City all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the FY 2021-22. GM21-1510-263 Early Learning Coalition (School Readiness+ Program) CDBG-CV 15130 Page 15 of 47 Federal award. Failure to make required disclosures can result in any of the remedies described in 2 CFR §200.339, which includes suspension or debarment. (See also 2 CFR Part 180 and 31 U.S.C. §3321). By executing this Agreement, Subrecipient warrants and certifies that no such violations of federal criminal law exist that could potentially affect this award. SECTION 5: ENVIRONMENTAL 1. Environmental Review Requirements. In accordance with 24 CFR §570.604 and 24 CFR Part 58, the activities under this Agreement are subject to environmental review requirements. CDBG regulations require the preparation of an Environmental Review Record (ERR) and environmental clearance before funds are expended or costs incurred. City staff will prepare the ERR. Subrecipient is not required to assume responsibility for an environmental review or assessment of this program pursuant to 24 CFR Part 58, nor responsibility for initiation of an intergovernmental review of this program and its activities (24 CFR §570.604). However, Subrecipient is required to provide information about its activities in order for the City to comply with its responsibility under 24 CFR Part 58. Subrecipient shall submit to the City any changes to the proposed activity so that the City may evaluate this new information and conduct any further environmental review. This information must be submitted to the City for approval at least forty-five (45) days prior to any commencement of work. Subrecipient also agrees to assist the City in addressing environmental issues that may arise during the City’s review process. 2. Environmental Protection. Subrecipient and its contractors shall comply with all applicable standards, orders, or regulations of the Clean Air Act (42 U.S.C. §7401 et seq.); Section 306 of the Clean Air Act (42 U.S.C. 7401 et seq.); Section 508 of the Clean Water Act (33 U.S.C. §1368); Executive Order 11738; the Federal Water Pollution Control Act, as amended (33 U.S.C. §1251 et seq.); EPA regulations pursuant to 40 CFR Part 50; National Environmental Policy Act of 1969; standards and policies relating to energy efficiency contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act; and HUD Environmental Review Procedures at 24 CFR Part 58. Violations shall be reported to the City, HUD, and EPA. 3. Flood Disaster Protection. Subrecipient shall comply with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. §4106) and implementing regulations in 44 CFR Parts 59 through 79 in regard to the sale, lease, or other transfer of land acquired, cleared, or improved under the terms of this Agreement, as it may apply to the provisions of this Agreement. 4. Flood Insurance Program. Should any construction or rehabilitation of existing structures with assistance provided under this Agreement occur in an area identified as having special flood hazards by the Director of Federal Emergency Management, Subrecipient agrees to comply with all relevant and applicable provisions of 24 CFR §570.605 concerning the National Flood Insurance Program. Subrecipient agrees that if any portion of any property improved in connection with this Project is located in a special flood hazard area, flood insurance will be required by the City and must be provided. 5. Lead-Based Paint. Lead-based paint is prohibited in the construction or rehabilitation of any properties assisted under this Agreement. Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations at 24 CFR §570.608, which requires compliance with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§4821-4846), the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. §§4851-4856), and implementing regulations at 24 CFR Part 35, of which Subparts A, B, J, K, and R apply to the CDBG Program. Such regulations pertain to all HUD-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead- FY 2021-22. GM21-1510-263 Early Learning Coalition (School Readiness+ Program) CDBG-CV 15130 Page 16 of 47 based paint and explain the symptoms, treatment, and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice shall also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. Subrecipient shall maintain records documenting compliance with these requirements. 6. Historic Preservation. Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (54 U.S.C. 300101 et seq.) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this Agreement. Subrecipient shall notify the City CDBG representative immediately upon determining that a property may fall into this category. 7. Procurement of Recovered Materials (Resource Conservation and Recovery Act). Subrecipient shall comply with 2 CFR Part 200 regarding the use of specific products made or used with recovered materials. SECTION 6: DEFAULTS AND REMEDIES 1. Events of Default. The following shall constitute an Event of Default under this Agreement: a) Failure to comply with any of the rules, regulations, or provisions referred to herein or governing CDBG awards including, but not limited to, 24 CFR Part 570 or such statutes, laws, regulations, executive orders, and HUD guidelines, HUD guidance, policies, or directives as may become applicable at any time; b) Fails to comply with any of the terms contained in this Agreement and such failure continues for a period of thirty (30) days following written notice thereof given by the City to Subrecipient; c) Failure to fulfill in a timely and proper manner its obligations under this Agreement; d) Ineffective or improper use of funds provided under this Agreement; e) Submission by Subrecipient at any time of any material representation in any certification, report, or communication to the City that is determined by the City to be false, incomplete, misleading, or incorrect in any material manner; f) Failure to disclose to the City, upon demand, the name of all persons with whom Subrecipient has contracted or intends to contract with for the construction or management of any portion of the Project, including contracts for services and/or labor; or g) If any other default occurs under any of the grant documents executed by Subrecipient in connection with this grant by the City (herein the “Grant Documents”) which is not elsewhere specifically addressed herein and such default is not cured within the applicable cure period set forth in the grant documents, or if there is no cure period set forth, then within five (5) days following the date of notice to Subrecipient thereof. Notwithstanding any of the forgoing provisions to the contrary, if Subrecipient has failed to cure any default within five (5) days prior to the expiration of any applicable cure period, the City may, at its sole option, cure such default, provided, however, that the City shall be under no duty or obligation to do so. FY 2021-22. GM21-1510-263 Early Learning Coalition (School Readiness+ Program) CDBG-CV 15130 Page 17 of 47 2. Remedies for Noncompliance. If Subrecipient commits an Event of Default or fails in any way to comply with Federal or state statutes, local laws or regulations, or the terms and conditions of this Agreement, the City may impose additional conditions as described in 2 CFR §200.208. If the City determines that noncompliance cannot be remedied by imposing additional conditions, the City may take one or more of the following actions, including but not limited to: a) Temporarily withhold cash payment pending correction of the deficiency or more severe enforcement action by the City; b) Disallow both use of funds and any applicable matching credit for all or part of the cost of the activity or action not in compliance; c) Wholly or partly suspend or terminate the award; d) Initiate suspension or debarment proceedings as authorized under 2 CFR Part 180 and applicable regulations or recommend such proceedings be initiated by HUD; e) Withhold further federal awards for the project or program; or f) Take other remedies that may be legally available including, but not limited to litigation, declaratory judgment, specific performance, damages, injunctions, termination of the Agreement, or any other available remedies. 3. Remedies/Suspension and Termination. Subrecipient and the City will comply with the noncompliance and termination provisions in 2 CFR Part 200. In addition to the remedies for noncompliance in 2 CFR §200.339, the City may suspend or terminate this Agreement in whole or in part if Subrecipient fails to comply with any terms and conditions of this Agreement or upon the occurrence of any Event of Default or any other breach of this Agreement. The City can withhold all funding and disbursements, demand repayment for amounts disbursed, terminate all payments, and/or exercise all rights and remedies available to it under the terms of this Agreement, the Grant Documents, under statutory law, equity or under common law. If the City terminates this Agreement, Subrecipient shall also forfeit to the City all unexpended monies awarded under the Agreement. Subrecipient may also be required to refund all CDBG or CDBG-CV funds awarded by the City. In accordance with 2 CFR §200.340, the City can terminate the Agreement with the consent of Subrecipient in which case Subrecipient and the City must agree upon the termination conditions, including the effective date, and in the case of partial termination, the portion to be terminated. In accordance with 2 CFR §200.340(a)(4), the Agreement may also be terminated by Subrecipient or the City with written notification setting forth the reason for such termination, the effective date, and in the case of partial termination, the portion to be terminated. However, if the City determines in the case of partial termination that the reduced or modified portion of the award will not accomplish the purposes for which the award was made, the City may terminate the award in its entirety. If this award is terminated or partially terminated, Subrecipient remains responsible for compliance with the closeout requirements in 2 CFR §200.344 and post-closeout requirements set forth in 2 CFR §200.345. All remedies shall be deemed cumulative and, to the extent permitted by law, the election of one or more remedies shall not be construed as a waiver of any other remedy the City may have available to it. FY 2021-22. GM21-1510-263 Early Learning Coalition (School Readiness+ Program) CDBG-CV 15130 Page 18 of 47 4. No Waiver. Failure of the City to declare a default shall not constitute a waiver of any rights by the City. Furthermore, the waiver of any default by the City shall in no event be construed as a waiver of rights with respect to any other default, past or present. SECTION 7: INDEMNIFICATION AND INSURANCE 1. Indemnification. Subrecipient shall defend, indemnify and hold harmless the City from and against any and all liability, claims, demands, damages, expenses, fees, fines, penalties, suits, proceedings, actions and costs of actions, including attorney’s fees, whether or not suit is filed and if suit is filed, attorney fees and costs at all trial and appellate levels, of any kind and nature arising or growing out of or in any way connected with Subrecipient’s performance or nonperformance of this Agreement or because of or due to the existence of the Agreement itself. Nothing contained herein shall be construed as consent by the City to be sued by third parties, or as a waiver or modification of the provisions or limits of Section 768.28, Florida Statutes or the Doctrine of Sovereign Immunity. 2. Environmental Indemnification. Subrecipient shall indemnify and hold the City harmless from any claim arising from, or in any way related to, the environmental condition of the property where the Project takes place, including, but not limited to, the cost of investigating, defending, and/or negotiating to a satisfactory conclusion claims made by environmental regulatory agencies, as well as all cleanup and property maintenance requirements imposed by any agency with lawful jurisdiction over the Project. This indemnification shall run from the time of initial discovery of any such adverse environmental condition and shall not be construed to commence only upon realization by the City of an actual pecuniary loss as a result of such adverse environmental condition. The existence of this indemnification agreement shall not be construed as an indicia of ownership, management or control of the property by the City, and Subrecipient hereby recognizes and acknowledges that the City is not an owner or manager of the property and does not exert any control thereupon. Notwithstanding anything herein to the contrary, this indemnification provision shall survive the termination of this Agreement. 3. Insurance. Without limiting Subrecipient’s indemnification, Subrecipient shall maintain in force at all times during the performance of this Agreement all appropriate policies of insurance hereinafter described and as required by 2 CFR Part 200, concerning its operations. Certificates with valid and authorized endorsements, evidencing the maintenance and renewal of such insurance coverage shall be delivered to the City prior to execution of this Agreement. The City shall be given notice in writing at least thirty (30) calendar days in advance of cancellation or modification of any policy of insurance. The City, its officers and employees shall be named as an additional named insured on all policies of liability insurance. a) All policies of insurance shall be in a company or companies authorized by law to transact insurance business in the State of Florida. In addition, such policy shall provide that the coverage shall be primary for losses arising out of Subrecipient’s performance of the Agreement. Neither the City nor any of its insurers shall be required to contribute to any such loss. The required certificate shall be furnished prior to execution of this Agreement. b) At least thirty (30) calendar days prior to the expiration of any of the above-referenced insurance policies, Subrecipient shall provide the City with evidence of the renewal of said insurance policies in a form satisfactory to the City. c) The policies and insurance required by the City include: (1) Commercial General Liability Insurance. Commercial general liability insurance to include, but not be limited to bodily injury and property damage coverage. The policy’s FY 2021-22. GM21-1510-263 Early Learning Coalition (School Readiness+ Program) CDBG-CV 15130 Page 19 of 47 limit liability amount shall not be less than Five Hundred Thousand Dollars ($500,000) per person/per occurrence for bodily injury to, or death to one or more than one person and not less than One Hundred Thousand Dollars ($100,000) per occurrence for property damage. (2) Workers’ Compensation Coverage. Workers’ Compensation insurance for all its employees in an amount and with coverage to meet all requirements of the laws of the State of Florida. (3) Flood Insurance. Flood insurance as required under applicable HUD regulations. (4) Employee Fraud Insurance. Sufficient insurance to protect from loss due to fraud, theft, and physical damage and shall purchase a bond or insurance covering all employees for theft or fraud. (5) Bonding Requirements. Bonding requirements in 2 CFR §200.326. SECTION 8: MISCELLANEOUS PROVISIONS 1. Assignment. Subrecipient shall not assign or transfer any interest in this Agreement without the prior written consent of the City. 2. No Grant of Vested Rights. This Agreement shall not be construed as granting or assuring or vesting any land use, zoning, development approvals, permission, or rights with respect to property owned by Subrecipient or anyone it assists. 3. Independent Contractor. Nothing in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of master/servant, principal/agent, employer/employee or joint venture partner between the City and Subrecipient. The City shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers’ Compensation Insurance as Subrecipient is an independent contractor. Subrecipient agrees and acknowledges that it shall be responsible for and shall pay any and all applicable compensation, insurance and taxes, including but not limited to federal income taxes and Social Security on the salary of any positions funded in whole or in part with CDBG or CDBG-CV funds. 4. Severability. This Agreement shall be construed in accordance with the laws of the State of Florida. It is agreed by and between the parties that if any covenant, condition, provision contained in this Agreement is held to be invalid by any court of competent jurisdiction, such invalidity shall not affect the validity of any other covenants, conditions or provisions herein contained and all other parts shall nevertheless be in full force and effect. 5. Entire Agreement/Modification. This Agreement, together with all the Exhibits, constitutes the entire Agreement between the parties hereto with respect to the subject matter hereof. Any representations or statements heretofore made with respect to such subject matter, whether written or verbal, are merged herein. This Agreement may only be modified in writing, signed by both of the parties hereto. 6. Notices. Whenever by the terms of this Agreement, notice is to be given to either party, such notice shall be in writing and shall be hand delivered or sent by certified mail, return receipt requested, postage prepaid to: FY 2021-22. GM21-1510-263 Early Learning Coalition (School Readiness+ Program) CDBG-CV 15130 Page 20 of 47 Chuck Lane, Assistant Director Economic Development and Housing P.O. Box 4748 Clearwater, FL 33758-4748 Lindsay Carson Chief Executive Officer 2536 Countryside Bloulevard, Suite 500 Clearwater, FL 33763 7. Compliance With All Laws. Notwithstanding anything herein to the contrary, the Project shall be operated consistent with all applicable federal, state, and local laws and regulations. FY 2021-22. GM21-1510-263 Early Learning Coalition (School Readiness+ Program) CDBG-CV 15130 Page 21 of 47 IN WITNESS WHEREOF, the parties hereto have executed these presents and have set their hands and seals this _______ day of ____________________, 2022. ATTEST: CITY OF CLEARWATER, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida By: By: Rosemarie Call, City Clerk Jon P. Jennings, City Manager Early Learning Coalition of Pinellas County, Inc., a Florida non-profit corporation By: Title: Print Name: Date: STATE OF FLORIDA COUNTY OF PINELLAS THE FOREGOING CDBG AGREEMENT was acknowledged before me by means of physical presence or online notarization, this _______ day of ____________________, 2022, by _________________________ as ______________________________. He/She is personally known to me or has produced ________________________________________ as identification. NOTARY PUBLIC Print Name: My Commission Expires: APPROVED AS TO FORM for the use and reliance of the City of Clearwater, Florida, only. _________________________, 2022. Laura Mahony, Senior Assistant City Attorney Clearwater, Florida FY 2021-22. GM21-1510-263 Early Learning Coalition (School Readiness+ Program) CDBG-CV 15130 Page 22 of 47 Exhibit Index Exhibit A Standards of Eligibility Exhibit B Required Subrecipient Information Exhibit C Additional Program Requirements Exhibit D Budget Exhibit E CDBG Program Requirements Exhibit F Reporting Schedule Exhibit G Timesheet Activity Report Exhibit H EEO Clause for Subrecipients/Contractors and Subcontractors – Standard Solicitation for Bid and Contract Language Exhibit I Certification Regarding Lobbying Exhibit J Section 3 Economic Opportunity Clause Exhibit K Certification Regarding Drug-Free Workplace Requirements Exhibit L Affidavit Exhibit M Signature Card Exhibit N Self-Certification of Annual Income Exhibit O Self-Certification of Duplication of Benefits Exhibit P Duplication of Benefits Calculation Worksheet FY 2021-22. GM21-1510-263 Early Learning Coalition (School Readiness+ Program) CDBG-CV 15130 Page 23 of 47 Exhibit A Standards of Eligibility Updates to income limits will be published at the following location: myclearwater.com > Government > City Departments > Affordable Housing and Community Development FY 2021-22. GM21-1510-263 Early Learning Coalition (School Readiness+ Program) CDBG-CV 15130 Page 24 of 47 Exhibit B Required Subrecipient Information 1. Subrecipient name (which must match registered name in DUNS): Early Learning Coalition of Pinellas County, Inc. 2. Subrecipient’s Unique Entity Identifier number (see 2 CFR Part 25 – Universal Identifier and System for Award Management): ZDNFZVC6LCB7 3. Subaward Period of Performance Start Date and End Date: Effective Date of Agreement to 09-30- 2023 4. Amount of Federal Funds Obligated by this activity: $345,593. 5. Total Amount of Federal Funds obligated to subrecipient: $345,593. 6. Federal award project description, as required to be responsive to the Federal Funding Accountability and Transparency Act (FFATA): Funds will be used to provide childcare tuition assistance scholarships to assist Clearwater residents that are seeking assistance and who meet income and COVID-impact criteria. 7. Name of Federal awarding agency, pass-through entity, and contact information for awarding official: U.S. Department of Housing and Urban Development; City of Clearwater, Economic Development and Housing Director; P.O. Box 4748, Clearwater, Florida 33758; (727) 562-4031 8. CFDA Number and Name; the pass-through entity must identify the dollar amount made available under each Federal award the CFDA number at the time of disbursement: 14.218, Community Development Block Grants/Entitlement Grants 9. Identification of whether the award is R&D: N/A 10. Indirect cost rate for the Federal award (including if the de minimis rate is charged per 2 CFR §200.414 Indirect [F&A costs]): N/A FY 2021-22. GM21-1510-263 Early Learning Coalition (School Readiness+ Program) CDBG-CV 15130 Page 25 of 47 Exhibit C Additional Program Requirements 1. Subrecipient shall always maintain facilities in conformance with all applicable codes, licensing, and other requirements necessary for the operation of the Program. 2. Subrecipient will accept applications and perform income and other eligibility determinations. Fifty-one percent of those served must have incomes that do not exceed low- and moderate-income limits (under 80% MSA) of the CDBG Program. 3. Subrecipient shall ensure that the numbers, background, and qualifications of the Subrecipient staff are appropriate for the services provided and at least meet the minimum standards established by the pertinent licensing bodies. 4. All costs eligible for CDBG reimbursement offered by Subrecipient under the Program shall only include costs directly related to the provision of the service under this Project as described in this Agreement. 5. Subrecipient shall complete detailed work write-ups of the services to be performed, including estimated costs and material to be used, if applicable. Subrecipient will monitor the work to ascertain that services are proceeding properly and satisfactory. Subrecipient will ensure that the expenses are reasonable and the services are completed properly. In addition, Subrecipient shall maintain case files, including applications and all documentation of eligibility, work write-ups, the assistance agreement between the client and Subrecipient, documentation on all necessary licenses and permits, site visits and final reports, invoices and checks. Subrecipient shall maintain these records in accordance with general recordkeeping requirements set forth in this Agreement. FY 2021-22. GM21-1510-263 Early Learning Coalition (School Readiness+ Program) CDBG-CV 15130 Page 26 of 47 Exhibit D Budget Early Learning Coalition of Pinellas County, Inc. FY 2021-2022 Project Type: CDBG-CV Amount of Funding: $345,593 Services Funded Category CDBG-CV Portion Public Services Child Care Tuition Assistance and Salary Support Benefit – 42 Persons Beneficiaries assisted must reside within City of Clearwater limits (Tax District CW, CWD, or CWDO) and household income must be at or below 80% AMI based on the CDBG income limits in effect at the time assistance is provided. $345,593 Total $345,593 1. Subrecipient shall be paid on a reimbursement basis for childcare tuition scholarship services under the School Readiness Program for a total amount not to exceed the total amount of funding set forth above. Fee Structure: SR+ Early Learning Subsidy Scholarship Clearwater Cost Per Slot: Infants: $10,846.20 Toddlers: $9,188.64 Twos: $6,406.32 Threes: $5,785.06 Fours/Fives: $4,944.00 Five PK: $3,864.00 FY 2021-22. GM21-1510-263 Early Learning Coalition (School Readiness+ Program) CDBG-CV 15130 Page 27 of 47 2. Additional Budget Guidelines for Clearwater CDBG-CV Funds: a. Salary Support: The portion of time associated with serving Clearwater clients is eligible to be billed to Clearwater CDBG-CV funds. Time records must be remitted with reimbursement requests to the City that indicate the amount of time these positions spent working with Clearwater clients. b. Client Assistance: i. Payment for childcare scholarships shall not exceed the minimum required by the childcare facility. To meet eligibility requirements, beneficiaries assisted must reside within the incorporated City of Clearwater limits (Tax District CW, CWD, or CWDO); household income must be at or below 80% AMI based on the CDBG income limits in effect at the time assistance is provided; and Subrecipient should prioritize applicants and must deploy the emergency tuition assistance payments based on identified and documented need. ii. A one-time tuition assistance payment per child must be made by the Subrecipient directly to the provider on behalf of the individuals or family. The Subrecipient must provide documentation for each payment. iii. Although not capped at such, it is estimated that 42 clients at an average of $7,549.00 per client will be served through the City’s CDBG-CV client assistance funds. Additional funds will be provided for salary support in the amount of 9% of funds expended. 3. Program Income: Through the term of this Agreement, Subrecipient shall not charge a fee for services without the written approval of the City in advance of initiating collection of a fee. If collection of a fee for services is approved, Subrecipient shall provide all services to low- and moderate-income persons on a sliding fee schedule and shall ensure that all persons have access to all services regardless of their ability to pay for service. Should the activities outlined in Section 1(4) generate program income during the term of this Agreement, the program income shall be retained by the Subrecipient to apply toward Project costs. The amount of program income received from said activities shall be reported to the City with the monthly request for payment from CDBG-CV funds and shall be applied toward the Project costs prior to use of CDBG-CV funds. The amount of CDBG-CV funds distributed by the City shall be reduced by the amount of program income received during that period or any unexpended balance carried forward during the Agreement Term 4. Payment: a. Requests for payment for eligible clients served shall be made against the line-item budget specified in this Exhibit D and shall specify the activities described in this Agreement for which payment is sought. b. All payment requests shall be submitted to the City electronically through the City’s web-based program, Neighborly Software, in a format approved by the City prior to use, and shall include the following: i. A completed request for payment in letter format on the organization’s letterhead (or in invoice format with the organization’s logo). The request for payment must include the month the services were provided, the dollar amount requested, the payee address for mailing payments, the signature of the authorized signer, and any other documentation requested to support the draw request. ii. Self-Certification of Annual Income form for all clients assisted; iii. Self-Certification of Duplication of Benefits form for clients receiving direct assistance and Duplication of Benefits Calculation Worksheet completed by Subrecipient; FY 2021-22. GM21-1510-263 Early Learning Coalition (School Readiness+ Program) CDBG-CV 15130 Page 28 of 47 iv. Copies of invoices for tuition and copy of checks/proof of payment by the Subrecipient to the provider for these items; v. Payroll documentation for requested reimbursement of salary support. 5. Duplication of Benefits: The Subrecipient confirms the budget items under this Agreement have not been paid and will not be paid by other funding sources. The Subrecipient agrees that if it receives further federal, state, or local benefits or charitable donations to pay for the same expenses paid or not yet paid but awarded to the Subrecipient by the City (“Duplicate Benefits”), the Subrecipient shall contact the City within 30 days of receipt of Duplicate Benefits and return any Duplication Benefits as outlined below within that same time period. Retaining Duplicate Benefits is strictly prohibited by law and this Agreement. If the Subrecipient fails to report Duplicate Benefits, then the City may require immediate repayment in full of the paid project costs. If the Subrecipient has received Duplicate Benefits, the following shall apply: a. If the Budget has been fully expended by the City, the amount of the Duplicate Benefits received shall be repaid by the Subrecipient to the City for the full amount expended by the City. b. If no portion of the Budget has been expended by the City, the amount of the Budget shall be reduced by the amount of any Duplicate Benefits. If such reduction would reduce the Budget to zero dollars, any excess Duplicate Benefits shall be retained by the Subrecipient and this Agreement shall terminate. c. If some portion of the Budget has been expended by the City but unexpended portions remain, the Subrecipient shall return the amount of Duplicate Benefits to the City, and the City will reduce the Budget by the Duplication Benefits amount. d. Once the City has recovered an amount equal to the Budget, the City will assign to the Subrecipient any rights to the Duplicate Benefits. FY 2021-22. GM21-1510-263 Early Learning Coalition (School Readiness+ Program) CDBG-CV 15130 Page 29 of 47 Exhibit E CDBG Program Requirements Subrecipient, in addition to the terms set forth in the Agreement, shall operate the Project funded through the City’s Community Development Block Grant Program according to the following guidelines: 1. Any equipment, furnishings and any other usable item purchased with the City’s CDBG Program contribution to Subrecipient for use in the Project shall be kept on an inventory and shall be made available to the City’s Economic Development and Housing Department for disposition upon termination of the City’s CDBG assistance to Subrecipient. 2. Subrecipient hereby agrees to maintain accounting systems with internal controls to safeguard the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) funds and assets, provide for accurate financial data, promote operational efficiency, and foster compliance with generally accepted accounting principles (GAAP) in accordance with 2 CFR Part 200. 3. Subrecipient’s accounting records must adequately identify the receipt and expenditure of all CDBG or CDBG-CV funds for each budget line item. There must be a separate accounting for each budgetary allocation as approved by the City’s Economic Development and Housing Department. Cash receipts and expenditures from other sources must be accounted for separately from CDBG or CDBG-CV funds; therefore, if Subrecipient maintains a common account for both CDBG and other funds, the accounting system must provide for the clear and easy identification of CDBG or CDBG-CV funds. 4. Accounting and related records of Subrecipient shall comprise the following as a minimum: a) Voucher System. All supporting documentation, such as purchase orders, invoices, receiving reports, and requisitions. b) Books of Original Entry. Cash receipts and disbursements journal, general ledger. c) Chart of Accounts. Listing of accounts must be maintained in the accounting system. d) Personnel Records. A separate personnel file shall be maintained for each CDBG project employee paid with CDBG or CDBG-CV funds. As a minimum, the file shall contain a resume of the employee, a description of duties assigned, and a record of the date employed, rate of pay at time of employment, subsequent pay adjustments, and documentation supporting leave taken by the employee. e) Attendance Records. Attendance records (individual timesheets) shall be maintained for all personnel paid with CDBG or CDBG-CV funds that are involved in operating the Project. This applies to part-time as well as full-time personnel. In addition to the accounting for daily attendance, the type of leave taken (annual, sick or other), shall be disclosed. Daily attendance records must support budgetary charges for payroll purposes. f) Payroll Records. Formal payroll records supporting cash disbursements to employees shall be maintained. All timesheets or personnel activity reports must be signed by the employee and the employee’s supervisor. Such records shall disclose each employee’s name, job, title, social security number, date hired, rate of pay, and all required deductions for tax purposes. Timely FY 2021-22. GM21-1510-263 Early Learning Coalition (School Readiness+ Program) CDBG-CV 15130 Page 30 of 47 payments must be made of FICA taxes, including the required employer matching costs, and of income tax withheld from employees. All charges for payroll purposes shall be in accordance with the Budget submitted to the City’s Economic Development and Housing Department. In addition, salaries and wages of employees chargeable with more than one (1) grant program and/or other funding sources will be supported by appropriate time distribution records. Actual time distribution records shall be available for review by the Economic Development and Housing Department at monitoring visits. g) Checking Accounts. A monthly bank reconciliation shall be conducted by Subrecipient. All checks, stubs, etc., shall be prenumbered and accounted for, including all voided checks. Check stubs, canceled checks, and deposit slips must be readily available for audit purposes. h) Purchasing Practices. Purchasing practices shall be at the very least in accordance with 2 CFR Part 200. Subrecipient must provide documentation indicating how all vendors, contractors, minority- and/or women-owned businesses are given an opportunity to participate. i) Inventories. Subrecipient, as are all CDBG program subgrantees, is advised to maintain adequate safeguards against loss by theft or physical deterioration of any inventories of office supplies, equipment, or other items purchased with CDBG or CDBG-CV funds. j) Property Records. Subrecipient is required to maintain formal subsidiary records to control all CDBG program project property and equipment. Such records shall disclose the acquisition and subsequent disposition of all property. An annual inventory should be conducted and the books should reflect the actual value of property on hand at the end of the year. 5. Subrecipient should maintain records in an orderly manner, with separate identification for different Federal fiscal periods. Records must be protected from fire or other perils, and if stored in a location other than the project site, shall be readily accessible to the City’s Economic Development and Housing Department staff, the Inspector General, and HUD officials and others who may be authorized to examine such records. Failure to do so may constitute a default of this agreement resulting in suspension of reimbursement until said documentation is submitted. FY 2021-22. GM21-1510-263 Early Learning Coalition (School Readiness+ Program) CDBG-CV 15130 Page 31 of 47 Exhibit F Reporting Schedule 1. Subrecipient shall submit all reports to the City’s Economic Development and Housing Department as described in this Agreement. 2. Subrecipient shall maintain data demonstrating client eligibility for services provided. Such data shall include client name, address, number of persons in the household and household income, and such other information requested by the City’s Economic Development and Housing Department. Such information shall be made available to City and/or HUD monitors or their designees for review upon request. Subrecipient understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the City’s or Subrecipient responsibilities under this Agreement is prohibited by the U.S. Privacy Act of 1974 unless written consent is obtained from such person receiving services, and in the case of a minor, that of a responsible parent/guardian. 3. Upon ten (10) days’ notice by the City’s Economic Development and Housing Department, Subrecipient shall provide the information requested by the City for submission of performance or other reports to HUD. 4. Between the required reporting dates, events may occur that have significant impact upon the project or program. In such cases, Subrecipient shall inform the City’s Economic Development and Housing Department as soon as the following types of conditions become known: a) Problems, delays, or adverse conditions, which may materially affect the ability to meet program objectives, prevent the meeting of time schedules and goals, or preclude the attainment of project work units by established term periods. This disclosure shall be accompanied by a statement of the action taken or contemplated and any assistance needed to resolve the situation. b) Favorable development or events, which will enable meeting time schedules and goals sooner or at less cost than anticipated or producing more or different beneficial results than originally planned. Method of Payment: Payments shall be made based on completed services and submission of documentation as outlined in this Agreement between the City and Subrecipient. Subrecipient shall submit monthly requests for payment to the City’s Economic Development and Housing Department in accordance with the following: 1. The City’s Economic Development and Housing Department shall authorize the reimbursement of Subrecipient for actual expenditures outlined in the Budget as expressed in Exhibit D of this Agreement, except that the Economic Development and Housing Director, or designee, may approve a variance with regard to variable costs. 2. Expenses incurred by Subrecipient will not be authorized for payment by the City’s Economic Development and Housing Department if such expenses cannot be documented by paid receipts, invoices, or other appropriate documentation and information. Furthermore, all requests for payment submitted by Subrecipient to the City’s Economic Development and Housing Department shall not be FY 2021-22. GM21-1510-263 Early Learning Coalition (School Readiness+ Program) CDBG-CV 15130 Page 32 of 47 reimbursable by the City if such expenditures were not expended directly for the provision of services and activity delivery costs to benefit low- and moderate-income persons in accordance with this Agreement. 3. Provided that the requests for payment are complete and undisputed, the City’s Economic Development and Housing Department shall authorize reimbursement of approved expenditure requests within thirty (30) days of receipt of such requests. 4. As applicable, the monthly requests for payment shall include: a) Name and address of each client receiving services. b) CDBG costs to be reimbursed, shown as labor, materials, other costs, including copies of invoices, and checks in payment. c) Brief description of services or activities undertaken during the month for which reimbursements are being requested. d) Total cost of services. e) If requesting reimbursement for salaries, timesheets showing tenths of hours where work has been done by Subrecipient and staff detailing daily total hours worked. f) If applicable, if outside contractors have done the work, submit the contractor’s paid invoices for reimbursement. These should include an itemization of the work done, the total cost for labor and materials, the number of hours on the job, and the rate per hour agreed to on the project. FY 2021-22. GM21-1510-263 Early Learning Coalition (School Readiness+ Program) CDBG-CV 15130 Page 33 of 47 Exhibit G Timesheet Activity Report FY 2021-22. GM21-1510-263 Early Learning Coalition (School Readiness+ Program) CDBG-CV 15130 Page 34 of 47 Exhibit H Equal Employment Opportunity Clause for Subrecipients and Their Contractors and Subcontractors Standard Solicitation for Bid and Contract Language (1) Equal Opportunity Clause: Subrecipient agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulation of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal Program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause as required by 41 CFR §60-1.4(b): During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. FY 2021-22. GM21-1510-263 Early Learning Coalition (School Readiness+ Program) CDBG-CV 15130 Page 35 of 47 (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. The contractor further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The contractor agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such FY 2021-22. GM21-1510-263 Early Learning Coalition (School Readiness+ Program) CDBG-CV 15130 Page 36 of 47 compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The contractor further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. FY 2021-22. GM21-1510-263 Early Learning Coalition (School Readiness+ Program) CDBG-CV 15130 Page 37 of 47 Exhibit I Certification Regarding Lobbying The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. ATTEST: (CORPORATE SEAL) EARLY LEARNING COALITION OF PINELLAS COUNTY, INC. By: By: Signature Signature Title: Print Name: Date: FY 2021-22. GM21-1510-263 Early Learning Coalition (School Readiness+ Program) CDBG-CV 15130 Page 38 of 47 Exhibit J Section 3 Economic Opportunity Section 3 Clause A. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 75, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 75 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 75, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 75. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 75. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 75 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 75. F. Noncompliance with HUD's regulations in 24 CFR Part 75 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). FY 2021-22. GM21-1510-263 Early Learning Coalition (School Readiness+ Program) CDBG-CV 15130 Page 39 of 47 Exhibit K Certification Regarding Drug-Free Workplace Requirements The certification set out below is a material representation upon which reliance is placed by the City of Clearwater and the U.S. Department of Housing and Urban Development in awarding the grant. If it is later determined that Subrecipient knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, the City and/or the U.S. Department of Housing and Urban Development, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act. Subrecipient will comply with the other provisions of the Act and with other applicable laws. CERTIFICATION 1. Subrecipient certifies that it will or will continue to provide a drug-free workplace by: a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the Subrecipient’s workplace and specifying the actions that will be taken against employees for violation of such prohibition; b) Establishing an ongoing drug-free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The Subrecipient’s policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment, the employee will: (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; e) Notify the City’s Economic Development and Housing Department and/or the U.S. Department of Housing and Urban Development in writing within ten (10) calendar days after receiving notice under paragraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; f) Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d)(2), with respect to any employee who is so convicted: FY 2021-22. GM21-1510-263 Early Learning Coalition (School Readiness+ Program) CDBG-CV 15130 Page 40 of 47 (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f). 2. Subrecipient shall insert in the space provided on the attached “Place of Performance” form the site(s) for the performance of work to be carried out with the grant funds (including street address, city, county, state, zip code, and total estimated number of employees). Subrecipient further certifies that, if it is subsequently determined that additional sites will be used for the performance of work under the grant, it shall notify the City’s Economic Development and Housing Department and/or the U.S. Department of Housing and Urban Development immediately upon the decision to use such additional sites by submitting a revised “Place of Performance” form. FY 2021-22. GM21-1510-263 Early Learning Coalition (School Readiness+ Program) CDBG-CV 15130 Page 41 of 47 Place of Performance For Certification Regarding Drug-Free Workplace Requirements Name of Subrecipient: Early Learning Coalition of Pinellas County, Inc. Program Name: School Readiness+ Program (SR+) Grant: Community Development Block Grant - Coronavirus (CDBG-CV) Date: Effective Date of Agreement through September 30, 2023 The Subrecipient shall insert in the space provided below the site(s) expected to be used for the performance of the work under this Agreement: Place of Performance (include street address, city, county, state, and zip code for each site): 2536 Countryside Boulevard, Suite 500, Clearwater, Pinellas County, FL 33763 Check this box if there are workplaces on file that are not identified here. ATTEST: (CORPORATE SEAL) EARLY LEARNING COALITION OF PINELLAS COUNTY, INC. By: By: Signature Signature Title: Print Name: Date: FY 2021-22. GM21-1510-263 Early Learning Coalition (School Readiness+ Program) CDBG-CV 15130 Page 42 of 47 Exhibit L Affidavit Federal Funding Accountability and Transparency Act (FFATA) The Federal Funding Accountability and Transparency Act (FFATA) was signed on September 26, 2006. The FFATA legislation requires information on federal awards (federal financial assistance and expenditures) be made available to the public via a single, searchable website, which is USASpending.gov. The FFATA Subaward Reporting System (FSRS) is the reporting tool Federal prime awardees (i.e. prime contractors and prime grants recipients) use to capture and report subaward and executive compensation data regarding their first-tier subawards to meet the FFATA reporting requirements. Prime contract awardees will report against subcontracts awarded and prime grant awardees will report against subgrants awarded. The subaward information entered in FSRS will then be displayed on USASpending.gov associated with the prime award furthering Federal spending transparency. The Transparency Act requires information disclosure concerning entities receiving Federal financial assistance through Federal awards such as Federal contracts, subcontracts, grants, and subgrants. Specifically, the Transparency Act’s section 2(b)(1) requires the City to provide the following information about each Federal award: • Name of the entity receiving the award; • Amount of the award; • Information on the award including transaction type, • Location of the entity receiving the award and the primary location of performance under the award; • Unique identifier of the entity receiving the award and of the parent entity of the recipient; • Names and total compensation of the five most highly compensated officers of the entity if the entity in the preceding fiscal year received 80 percent or more of its annual gross revenues in Federal awards; and $25,000,000 or more in annual gross revenues from Federal awards; and the public does not have access to this information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. §§78m(a), 78o(d) or section 6104 of the Internal Revenue Code of 1986. FY 2021-22. GM21-1510-263 Early Learning Coalition (School Readiness+ Program) CDBG-CV 15130 Page 43 of 47 I, ______________________________ (print name), hereby swear or affirm that: I read and understand the information provided above. I have personal knowledge of the facts I am attesting to in this affidavit. (Please check one of the following) I attest that Early Learning Coalition of Pinellas County, Inc. does not meet the above threshold requiring names and total compensation of the five most highly compensated officers of the entity if the entity. I attest that Early Learning Coalition of Pinellas County, Inc. does meet the above threshold* requiring names and total compensation of the five most highly compensated officers of the entity if the entity. *If agency meets the above threshold, the agency MUST attach a spreadsheet with the names and total compensation of the five most highly compensated officers of the entity, signed and dated by one of the following: President; Executive Director; CEO; Board Chairperson; Finance Director; CFO; or Treasurer. I understand that the submission of a false affidavit is punishable as a second-degree misdemeanor under Florida law. Signature of President/Executive Director/Board Chair Printed Name of President/Executive Director/Board Chair STATE OF FLORIDA COUNTY OF PINELLAS THE FOREGOING CDBG AGREEMENT was acknowledged before me by means of physical presence or online notarization, this _______ day of ____________________, 2022, by _________________________ as ______________________________ of Early Learning Coalition of Pinellas County, Inc.. He/She is personally known to me or has produced ________________________________________ as identification. NOTARY PUBLIC Print Name: My Commission Expires: FY 2021-22. GM21-1510-263 Early Learning Coalition (School Readiness+ Program) CDBG-CV 15130 Page 44 of 47 Exhibit M Authorization Signature Card Name of Subrecipient: Early Learning Coalition of Pinellas County, Inc. Name of Applicant: Lindsay Carson, CEO Address: 2536 Countryside Boulevard, Suite 500 City, State, Zip: Clearwater, FL 33763 Telephone Number: (727) 400-4440 SIGNATURE OF INDIVIDUALS AUTHORIZED TO SIGN FINANCIAL DOCUMENTS: NAME SIGNATURE I certify that the signatures above are of the individuals authorized to execute financial documents. Date Signature of Authorized Official Title of Authorized Official FY 2021-22. GM21-1510-263 Early Learning Coalition (School Readiness+ Program) CDBG-CV 15130 Page 45 of 47 Exhibit N Self-Certification of Annual Income FY 2021-22. GM21-1510-263 Early Learning Coalition (School Readiness+ Program) CDBG-CV 15130 Page 46 of 47 Exhibit O Self-Certification of Duplication of Benefits FY 2021-22. GM21-1510-263 Early Learning Coalition (School Readiness+ Program) CDBG-CV 15130 Page 47 of 47 Exhibit P Duplication of Benefits Calculation Worksheet Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0822 Agenda Date: 8/18/2022 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 7.3 SUBJECT/RECOMMENDATION: Approve State Housing Initiatives Partnership (SHIP) Program Annual Report and Local Housing Incentive Certification for the closeout year 2019-2020 and interim year 2020-2021 and authorize the appropriate officials to execute same. (consent) SUMMARY: The Florida Legislature enacted the William E. Sadowski Affordable Housing Act (Act) in 1992. The Act created a dedicated revenue source for state and local housing trust funds including the State Housing Initiatives Partnership (SHIP) Program. Through the SHIP Program, the Economic Development and Housing Department has provided funding for the following housing activities: Down payment and closing costs assistance of existing structures; the construction of new dwellings; the rehabilitation of owner-occupied single-family dwellings; and the rehabilitation of rental properties. All local governments receiving SHIP funds must submit their annual report to the Florida Housing Finance Corporation by September 15 of each year. The annual report provides details of expended and encumbered funds. The report also provides information on the strategies funded, the number of households served, and income category, age, family size, race and other data regarding special needs populations such as homeless persons, persons with disabilities and the elderly. The report is submitted electronically to the State of Florida. For closeout year 2019-2020, the City received $202,776 from the state annual distribution, $326,478.43 in program income and related interest, carryover of a negative balance of ($1,747.01) from previous year funds for FY 2019-2020 total revenue of $527,507.42. The City expended a total of $552,541.84 to assist nine families utilizing its approved strategies. The City expended $252,541.84 on construction of two new single-family homes and $300,000 to rehabilitate seven multi-family units. SHIP funding has a positive impact on the City’s economy, as evidenced by activities in closeout year 2019-2020, where the City expended $552,541.84 on SHIP strategies in SHIP dollars to leverage approximately $9.1 million in other funds. Additionally, the city spent $52,925.44 on program administration. The City’s SHIP program will carry a negative balance of $77,959.86 into FY 2020-21 which will be closed out this time next year. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 8/17/2022 SHIP Annual Report Clearwater FY 2019/2020 Closeout Report Status:UnsubmittedTitle: Form 1 Code Strategy Expended Amount Units Encumbered Amount Units Unencumbered Amount Units 10 New Construction $252,541.84 2 Homeownership Totals:$252,541.84 2 Homeownership SHIP Distribution Summary Code Strategy Expended Amount Units Encumbered Amount Units Unencumbered Amount Units 14 Mutifamily Rehab $300,000.00 7 Rental Totals:$300,000.00 7 Rentals Subtotals:$552,541.84 9 Additional Use of Funds Use Expended Administrative $20,277.60 Homeownership Counseling Admin From Program Income $32,647.84 Admin From Disaster Funds Totals:$605,467.28 $.00 $.009 Total Revenue (Actual and/or Anticipated) for Local SHIP Trust Fund * Carry Forward to Next Year:-$77,959.86 NOTE: This carry forward amount will only be accurate when all revenue amounts and all expended, encumbered and unencumbered amounts have been added to Form 1 Source of Funds Amount State Annual Distribution $202,776.00 Program Income (Interest)$29,718.00 Program Income (Payments)$296,760.43 Recaptured Funds $.00 Disaster Funds Other Funds Carryover funds from previous year -$1,747.01 Total:$527,507.42 1Page Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 Description Eff.1 Bed 2 Bed 3 Bed 4 Bed ELI 370 400 543 711 879 VLI 616 660 791 914 1,020 LOW 985 1,055 1,266 1,462 1,631 MOD 1,479 1,584 1,899 2,194 2,448 Up to 140%1,725 1,848 2,215 2,560 2,856 Rental Unit Information Recap of Funding Sources for Units Produced ("Leveraging") Source of Funds Produced through June 30th for Units Amount of Funds Expended to Date % of Total Value SHIP Funds Expended $552,541.84 100.00% Public Moneys Expended .00% Private Funds Expended .00% Owner Contribution .00% Total Value of All Units $552,541.84 100.00% SHIP Program Compliance Summary - Home Ownership/Construction/Rehab Compliance Category SHIP Funds Trust Funds Homeownership $252,541.84 $201,028.99 Construction / Rehabilitation $552,541.84 $201,028.99 % of Trust Fund FL Statute Minimum % 125.62%65% 274.86%75% Program Compliance - Income Set-Asides Project Funding for Expended Funds Only Income Category SHIP Funds Total Available Funds % * Extremely Low $300,000.00 56.87% Very Low $.00 .00% Low $252,541.84 47.87% Moderate $.00 .00% Over 120%-140%$.00 .00% Totals:$552,541.84 104.75% Form 2 2Page Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 Form 3 Income Category Total Funds Mortgages, Loans & DPL's Mortgages, Loans & DPL Unit #s Total Funds SHIP Grants SHIP Grant Unit #s Total SHIP Funds Expended Total # Units Extremely Low $300,000.00 7 0 $300,000.00 7 Very Low 0 0 $.00 0 Low $252,541.84 2 0 $252,541.84 2 Moderate 0 0 $.00 0 Over 120%-140%0 0 $.00 0 Totals:$552,541.84 9 $.00 0 $552,541.84 9 3Page Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 Strategy List Unincorporated and Each Municipality ELI VLI Low Mod Over 140%Total New Construction Clearwater 2 2 Mutifamily Rehab Clearwater 7 7 Totals:7 2 9 Number of Households/Units Produced Description List Unincorporated and Each Municipality 0 - 25 26 - 40 41 - 61 62+Total New Construction Clearwater 1 1 2 Mutifamily Rehab Clearwater 2 5 7 Totals:1 3 5 9 Characteristics/Age (Head of Household) Description List Unincorporated and Each Municipality 1 Person 2- 4 People 5 + People Total New Construction Clearwater 2 2 Mutifamily Rehab Clearwater 7 7 Totals:7 2 9 Family Size Description List Unincorporated and Each Municipality White Black Hisp- anic Asian Amer- Indian Other Total New Construction Clearwater 1 1 2 Mutifamily Rehab Clearwater 5 1 1 7 Totals:5 2 1 1 9 Race (Head of Household) Description List Unincorporated and Each Municipality Farm Worker Home- less Elderly Total New Construction Clearwater 0 Mutifamily Rehab Clearwater 5 5 Totals:5 5 Demographics (Any Member of Household) Special Target Groups for Funds Expended (i.e. teachers, nurses, law enforcement, fire fighters, etc.) Set Aside Description Special Target Group Expended Funds Total # of Expended Units 4Page Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 Status of Incentive Strategies Support Services The City of Clearwater partners with organizations that provide support services in many areas. The available services include, but are not limited to, the following: Gulf Coast Legal Services (GLS) has provided free civil legal assistance to low/moderate income residents of the Tampa Bay area for over 40 years. GLS focuses on legal matters related to housing, immigration, family law, and financial stability. GLS promotes fair housing opportunities, affordable housing for renters and/or homebuyers, efforts/activities to end chronic homelessness, economic opportunities for very low- to moderate-income individuals and provides outreach and housing opportunities for homeless individuals and families. GLS also prevents and eliminates unfair and illegal housing practices, discrimination/fair housing violations, predatory lending, foreclosure, homeowner repair schemes, substandard housing conditions, and unlawful eviction practices that can lead to homelessness. It does so by providing both information and access to the courts for low/moderate income residents who, because of their limited financial means, have traditionally been the most vulnerable and least likely to know about their legal rights, resulting in their victimization St. Vincent de Paul ensures long term success for clients who are seeking opportunities for self-sufficiency. The goal is to work with community partners, to include job training and placement. The targeted clients will include those who have graduated from and/or are participating in the STARS program at the Resource Center. The program also includes needs assessments and service referrals for the indigent clients who are homeless or at risk of homelessness and who daily pass through the facility. Needs may include addiction recovery, victims who need trauma-informed peer support, ex-felons at risk of recidivism and single parents or partners escaping domestic violence, among others who are simply entrenched in poverty. Prospera provides up to twelve (12) entrepreneurial grants, allowing startups and existing businesses to receive advanced business development services at no cost. A network of professionals provides these services, most of them small businesses contracted by Prospera. These services may include legal assessment, accounting assessment, QuickBooks training, marketing planning, business planning and other related services. WestCare GulfCoast - Florida, Inc. is A Turning Point facility. This facility provides emergency shelter services for homeless adults with substance abuse problems, some of whom also have co-occurring mental health problems. This shelter is the only facility in Pinellas County that accepts inebriated adults directly Incentive Description (If Other)Category Status Year Adopted (or N/A) Expedited permitting AHAC Review Implemented, in LHAP 2021 Ongoing review process AHAC Review Implemented, in LHAP 2020 Impact fee modifications AHAC Review Implemented, in LHAP 2021 Flexible densities AHAC Review Implemented, in LHAP 2020 Allowance of accessory dwelling units AHAC Review Implemented, in LHAP 2020 Reduction of parking and setbacks AHAC Review Implemented, in LHAP 2021 Reservation of infrastructure AHAC Review Implemented, in LHAP 2020 Allowance of flexible lot sizes AHAC Review Implemented, in LHAP 2020 Printed inventory of public owned lands AHAC Review Implemented, in LHAP 2020 Form 4 5Page Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 from the streets, providing an alternative to incarceration or hospitalization. Overall, the shelter is designed to provide temporary emergency shelter and cold night shelter services for individuals who have not yet begun their journey into recovery from alcohol and/or drug abuse. The Kimberly Home housing program was designed to provide temporary residence and counseling for expectant mothers who are struggling to maintain independence and have no safe, affordable place to live. The program also addresses their emotional needs by providing a stable, secure, nurturing environment where they can easily access community resources, develop a plan for their future, learn how to care for their babies, and become strong, self-sufficient, independent mothers. The need for safe, affordable housing for homeless pregnant women remains high, as the agency receives an average of 30 to 40 requests per month that they are unable to accommodate. The goal of this program is to ensure that when a client leaves, she has gained the knowledge, self-confidence, and life skills she will need to succeed on her own. Tampa Bay Community Development Corporation and Clearwater Neighborhood Housing Services provide homebuyer counseling to individuals and families desiring to purchase a home in Clearwater. The majority of the clients are low- to moderate-income and are eligible for homebuying assistance. These agencies work with clients to ensure they are purchase-ready. This involves a thorough review of their credit and finances. The clients are made aware of down payment assistance programs for which they are eligible, guide them in the process, and ensures they are seeking to purchase a home they can afford for the long term. Without this, many potential homebuyers would not be able to close the affordability gap preventing them from homeownership. Tampa Bay Black Business Investment Corporation (BBIC) is a nonprofit organization established in 1987 to meet the need for capital & capacity services for African American entrepreneurs who were then entering the business sector in growing numbers. Today, BBIC serves entrepreneurs of all races, with a continued focus on making small or starter loans to borrowers who are not yet ready to access bank loans; and who often need hands-on help preparing business plans and loan applications. Support services include BBIC’s CATCH Program – a 15-week “training camp” for small business owners to help them develop their skill set for success. Additionally, BBIC offers “accessible, flexible capital” accompanied by hands-on technical assistance and unique training experiences provided by staff and partners. BBIC offers loan sizes typically not offered through banks, as well as interest rates that can be less costly than bank products. Since their founding, BBIC has deployed over $22 million in capital. The Homeless Leadership Alliance of Pinellas County, Inc. (HLA) is a nonprofit organization serving as the Pinellas County Continuum of Care Lead Agency dedicated to helping our vulnerable citizens navigate the housing system. They assist tenants with finding alternative housing to avoid homelessness when mediation in Eviction Diversion has been unsuccessful. They also assess barriers to housing, including, but not limited to, income level, previous evictions on record, and criminal background. Other Accomplishments The City of Clearwater’s affordable housing goal is to increase and preserve its housing stock for its most vulnerable populations, people with incomes at or below 120% of the area median income. In Fiscal Year 2019-2020, the global pandemic presented numerous challenges due to the shutdown of many businesses and industries such as the construction industry. Another challenge was reduced funding from the State of Florida for the SHIP program. The State of Florida had to divert its funding that would be allocated to counties and cities for affordable housing to other pressing needs. The only revenue that the City of Clearwater had for its affordable housing program from the State of Florida was a relatively small allocation and program income from payments and payoffs of loans. In 2020, a developer approached the housing division with a funding request to renovate a well-established 240-unit senior housing complex which needed immediate repairs. The department immediately reached out to its accountant to determine if any funding was available. The department was able to commit $300,000 in SHIP funding for the renovation, leveraging $9.1 million in tax credit financing. In return, the city added 7 units to its affordable housing stock. These 7 units will be preserved for the next 20 years to seniors with incomes that do not exceed 50% of the Area Median Income (AMI). Availability for Public Inspection and Comments 6Page Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 The City's Annual Report was made available for public inspection and comments on the City's website at www.myclearwater.com/HousingNotices. Notice to the public of the availability of the report was given by new paper advertisement in the Tampa Bay Times. Life-to-Date Homeownership Default and Foreclosure Mortgage Foreclosures A. Very low income households in foreclosure: B. Low income households in foreclosure: C. Moderate households in foreclosure: Mortgage Defaults A. Very low income households in default: B. Low income households in default: C. Moderate households in default: Strategies and Production Costs Expended Funds Strategy Average Cost Mutifamily Rehab $42,857.14 New Construction $126,270.92 3 9 3 0 1 0 Strategy Full Name Address City Zip Code Expended Funds FY if Unit Already Counted New Construction Katrina May 912 Nicholson Street Clearwater 33755 $132,418.75 New Construction Teresa Nazario 691 Blanche B Littlejohn Trail Clearwater 33755 $120,123.09 Mutifamily Rehab Diane Dougherty 1200 S. Missouri Ave, Unit 1-149 Clearwater 33756 $42,857.15 Mutifamily Rehab Patrick DeCecco 1200 S. Missouri Ave, Unit 1-346 Clearwater 33756 $42,857.15 Mutifamily Rehab Grace Jordan 1200 S. Missouri Ave, Unit 2-203 Clearwater 33756 $42,857.14 Mutifamily Rehab Eduardo Rodriquez 1200 S Missouri Ave, Unit 4-138 Clearwater 33756 $42,857.14 Total Unit Count:9 $552,541.84Total Expended Amount: Foreclosed Loans Life-to-date: Defaulted Loans Life-to-date: 15 1 SHIP Program Foreclosure Percentage Rate Life to Date: SHIP Program Default Percentage Rate Life to Date: 7.81 0.52 Total SHIP Purchase Assistance Loans:192 7Page Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 Administration by Entity Program Income Loan Repayment:$165,228.54 Refinance:$27,787.48 Foreclosure: Sale of Property:$103,744.41 Interest Earned:$29,718.00 Total:$326,478.43 Program Income Funds Name Business Type Strategy Covered Responsibility Amount City of Clearwater Local Government All strategies in LHAP Administration of all strategies in LHAP $41,885.56 NOVA Engineering Engineering Company Owner Occupied Rehabilitation, Purchase Assistance & New Construction Construction inspections $5,425.60 Tampa Bay Community Dev Non-Profit Purchase Assistance Administration of the city's Down Payment Assistance and Closing Cost Assistance Program $5,000.00 SARMA Credit Report Owner Occupied Rehabilitation Provide credit reports $9.60 HOPE Expo Non-Profit Purchase Assistance Annual Homeownership seminar $575.00 NCP Solutions LLC Purchase Assistance & Owner Occupied Rehabiliation Provider of payment coupons $29.68 Mutifamily Rehab Magdalena Veras 1200 S. Missouri Ave, Unit 4-235 Clearwater 33756 $42,857.14 Mutifamily Rehab Brenda King 1200 S. Missouri Ave, Unit 4-333 Clearwater 33756 $42,857.14 Mutifamily Rehab Arthur Whatley 1200 S. Missouri Ave, Unit 5-372 Clearwater 33756 $42,857.14 Number of Affordable Housing Applications Submitted Approved Denied Number of Affordable Housing Applications 8Page Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 Explanation of Recaptured funds Total:$.00 Description Amount Rental Developments Development Name Owner Address City Zip Code SHIP Amount SHIP Units Compliance Monitored By Lexington Club Apts Pyramid ETC Companie s LLC 1200 S. Missouri Ave Clearwater 33756 $300,000.00 7 Single Family Area Purchase Price The average area purchase price of single family units: Or Not Applicable√ Form 5 9Page Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 Code(s)Strategies Expended Amount Units Encumbered Amount Units 10 New Construction $132,418.75 1 14 Mutifamily Rehab $85,714.29 2 SHIP Expended and Encumbered for Special Needs Applicants Special Needs Breakdown Strategies Special Needs Category Expended Amount Units Encumbered Amount Units (10) New Construction Receiving Supplemental Security Income $132,418.75 1 (14) Mutifamily Rehab Receiving Supplemental Security Income $42,857.15 1 (14) Mutifamily Rehab Receiving Veterans Disability Benefits $42,857.14 1 Special Needs Category Breakdown by Strategy Provide a description of efforts to reduce homelessness: The City of clearwater initiated and maintains a comprehensive and holistic approach that established the City Homeless Initiative Program. The Homeless Initiative Program provides homeless individuals and families access to comprehensive services. The city has committed its support for organizations that provides wrap-around services that address the root causes of homelessness. In addition, the city contributes financially to the Homeless Leadership Alliance (HLA) which is the umbrella organization overseeing the continuum of care providers in Pinellas County. The following are some of the ways in which city funds are being used to provide services to individuals and families experiencing homelessness: 1. Overnight emergency, transitional, or permanent housing to homeless individuals and/or families. 2. Delivery of case management 3. Transportation services for veterans to Bay Pines Hospital. Interim Year Data 10Page Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 Interim Year Data Interim Year 1 State Annual Distribution Program Funds Expended $174,275.34 Program Funds Encumbered $154,414.13 Total Administration Funds Expended $43,317.52 Total Administration Funds Encumbered Homeownership Counseling 65% Homeownership Requirement $328,689.47 75% Construction / Rehabilitation $328,689.47 30% Very & Extremely Low Income Requirement $116,303.91 30% Low Income Requirement $187,426.04 20% Special Needs Requirement $120,087.86 Carry Forward to Next Year N/A 26.85% 43.27% N/A N/A Disaster Funds Program Income $433,175.22 11Page Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 LG Submitted Comments: 12Page Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 State Housing Initiatives Partnership (SHIP) Program Annual Report and Local Housing Incentives Certification On Behalf of City of Clearwater (Local Government), I hereby certify that: 1.The Annual Report information submitted electronically to Florida Housing Finance Corporation is true and accurate for the closeout year 2019-2020 and interim years 2020-2021 and 2021-2022 2.The local housing incentives or local housing incentive plan have been implemented or are in the process of being implemented. Including, at a minimum: a.Permits as defined in s.163.3164 {15) and (16) for affordable housing projects are expedited to a greater degree than other projects; and b.There is an ongoing process for review of local policies, ordinances, regulations, and plan provisions that increase the cost of housing prior to their adoption. 3.The cumulative cost per newly constructed housing per housing unit, from these actions is estimated to be$ 0.00_____ _ 4.The cumulative cost per rehabilitated housing per housing unit, from these actions is estimated to be$ 0.00_______ _ Staff Member responsible for submitting annual report to FHFC: Ms. Terry Malcolm-Smith Witness Signature Date Chief Elected Official or Designee Signature Witness Printed Name Chief Elected Official or Designee Printed Name Witness Signature Date Witness Printed Name or ATTEST (Seal) Signature Date Date 420.9075 (10) Each county or eligible municipality shall submit to the corporation by September 15 of each year a report of its affordable housing programs and accomplishments through June 30 immediately preceding submittal of the report. The report shall be certified as accurate and complete by the local government's chief elected official or his or her designee. Transmittal of the annual report by a county's or eligible municipality's chief elected official, or his or her designee, certifies that the local housing incentive strategies, or, if applicable, the local housing incentive plan, have been implemented or are in the process of being implemented pursuant to the adopted schedule for implementation. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0624 Agenda Date: 8/18/2022 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Human Resources Agenda Number: 7.4 SUBJECT/RECOMMENDATION: Approve purchase orders to various insurance carriers for payment of premiums under the City’s 1% life insurance program in the annual not-to-exceed amount of $106,000 for the period of October 1, 2022 through September 30, 2023, with two one-year renewals, pursuant to Clearwater Code of Ordinances Section 2.563(1)(i), Insurance, and authorize the appropriate officials to execute same. (consent) SUMMARY: The City maintains a benefit for employees referred to as the 1% life insurance program. The program provides for employees to contribute up to 1% of their annual salary toward life insurance premiums with the City matching that amount. Effective October 1, 2008, no new enrollments in the program are permitted, but grandfathered employees are allowed to continue participation. This program was replaced for CWA-represented employees with life insurance coverage of $50,000 provided by Unum. This request is to approve payment of premiums to the following insurance carriers for the period of October 1, 2022 through September 30, 2023, with two one-year renewals for ongoing participants in the annual amount not-to-exceed $106,000. Axa Equitable Life Insurance Company, $2,000 Prudential Insurance Company, $6,000 Transamerica Premier Life Insurance Company, $5,000 Principal Life Insurance Company, $21,000 New York Life Insurance Company, $72,000 This requested is exempt from competitive solicitation, except when bidding is required by Statute, Pursuant to City Code section 2.563 (1)(i) Contracts of Insurance. APPROPRIATION CODE AND AMOUNT: Funds for City contributions to this program are included in the annual budget. Page 1 City of Clearwater Printed on 8/17/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0627 Agenda Date: 8/18/2022 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Human Resources Agenda Number: 7.5 SUBJECT/RECOMMENDATION: Approve a purchase order to Unum Life Insurance Company of America for city and employee paid life and Long-Term Disability benefits in the amount of $813,000 for the period of January 1, 2023, through December 31, 2024, pursuant to Clearwater Code of Ordinances Section 2.563(1)(i), Insurance, and authorize the appropriate officials to execute same. (consent) SUMMARY: The City currently provides life insurance to all full-time employees and provides Long-Term Disability to those employees who do not participate in the City Pension Plan. The coverage will stay with the current carrier (Unum), with no increase for 2023 and 2024. The coverage is as follows: •CWA Life in an amount equivalent to 1 ½ times the employee’s annual base salary not to exceed $50,000. •SAMP Life in an amount equivalent to 1 times the employee’s annual base salary. •Voluntary SAMP Supplemental Life in incremental amounts of $50,000, not to exceed $500,000, with premium payroll- deducted from the employee’s salary. •Basic Life insurance in the amount of $2,500 for all employees except CWA. •Basic Life insurance in the amount of $1,000 for grandfathered retirees. •Long Term Disability Insurance for those employees who do not participate in the City Pension Plan. APPROPRIATION CODE AND AMOUNT: Funds are available in the Central Insurance Fund code 5907590-545500(Insurance Premium-Life) and 5907590-545700 (Insurance Premium- Disability) to fund this contract. Funding will be included in the fiscal year 2024/25 budget for the final year of the contract. Page 1 City of Clearwater Printed on 8/17/2022 06/07/2022 With your continued partnership, we can provide the best solutions to meet your company’s evolving needs. Our innovative benefits and services help you offer the financial protection your employees want, with choices of coverage to fit every life stage. As we begin the new coverage year together, Unum’s goal remains the same: to serve as your partner in providing critical financial protection benefits to your valued employees. We know that cost and value are important to you when selecting a benefits partner. That’s why we’re giving you this renewal summary sheet — so you can see the stable cost of the valuable protection your employees receive. Your 2023 Unum renewal Unum benefit(s) Policy # Current rate Renewal rate Rate guarantee Life 97477 $0.304/$1,000 No Change 01/01/2025 Buy-up Life 97477 Age-Banded No Change 01/01/2025 Retiree Life 97477 $3.43/$1,000 No Change 01/01/2025 LTD 97478 $0.405/$100 No Change 01/01/2025 Thanks again for your continued partnership with Unum. Your business is important to us, and supporting you is our top priority. We pledge to serve you every step of the way — and to be there for your employees when they need it most. If you have any questions about your rates and renewal, please contact your broker or Unum representative, Jennifer Santana, at 813-207-2622 or by email at jwooten@unum.com. Your Unum benefits renewal Providing valuable financial protection for your employees City of Clearwater From benefits and enrollment planning to administration and continued service, count on Unum to help you strengthen your connections with your employees. Please refer to your existing group contract(s) for details of coverage including exclusions, limitations, renewability, and termination provisions. Group insurance is underwritten by: Unum Life Insurance Company of America, Portland, Maine In New York, underwritten by: First Unum Life Insurance Company, New York, New York unum.com © 2014 Unum Group. All rights reserved. Unum is a registered trademark and marketing brand of Unum Group and its insuring subsidiaries. MK-3201 (3-14) FOR BROKERS AND EMPLOYERS C.FP-2 C.FP-1 (1/1/2012) _____________________________________________________________________ GROUP INSURANCE SUMMARY OF BENEFITS NON-PARTICIPATING _____________________________________________________________________ IDENTIFICATION NUMBER: 97477 001 EFFECTIVE DATE OF COVERAGE: January 1, 2012 ANNIVERSARY DATE: January 1 GOVERNING JURISDICTION: Maine Unum Life Insurance Company of America insures the lives of City of Clearwater under the Select Group Insurance Trust Policy No. 292000 Unum Life Insurance Company of America (referred to as Unum) will provide benefits under this Summary of Benefits. Unum makes this promise subject to all of this Summary of Benefits' provisions. The Employer should read this Summary of Benefits carefully and contact Unum promptly with any questions. This Summary of Benefits is delivered in and is governed by the laws of the governing jurisdiction and to the extent applicable by the Employee Retirement Income Security Act of 1974 (ERISA) and any amendments. Signed for Unum at Portland, Maine on the Effective Date of Coverage. President Secretary Unum Life Insurance Company of America 2211 Congress Street Portland, Maine 04122 TOC-1 (1/1/2012) TABLE OF CONTENTS BENEFITS AT A GLANCE..........................................................................................B@G-LIFE-1 LIFE INSURANCE PLAN............................................................................................B@G-LIFE-1 CLAIM INFORMATION...............................................................................................LIFE-CLM-1 LIFE INSURANCE......................................................................................................LIFE-CLM-1 EMPLOYER PROVISIONS.........................................................................................EMPLOYER-1 CERTIFICATE SECTION ...........................................................................................CC.FP-1 GENERAL PROVISIONS ...........................................................................................EMPLOYEE-1 LIFE INSURANCE......................................................................................................LIFE-BEN-1 BENEFIT INFORMATION...........................................................................................LIFE-BEN-1 OTHER BENEFIT FEATURES...................................................................................LIFE-OTR-1 STATE REQUIREMENTS ..........................................................................................STATE REQ-1 OTHER SERVICES....................................................................................................SERVICES-1 GLOSSARY ...............................................................................................................GLOSSARY-1 B@G-LIFE-1 (1/1/2012) BENEFITS AT A GLANCE LIFE INSURANCE PLAN This life insurance plan provides financial protection for your beneficiary(ies) by paying a benefit in the event of your death. The amount your beneficiary(ies) receive(s) is based on the amount of coverage in effect just prior to the date of your death according to the terms and provisions of the plan. EMPLOYER'S ORIGINAL PLAN EFFECTIVE DATE: January 1, 2012 PLAN YEAR: January 1, 2012 to January 1, 2013 and each following January 1 to January 1 IDENTIFICATION NUMBER: 97477 001 ELIGIBLE GROUP(S): Group 1 All eligible employees (excluding employees in Groups 2, 3 and 4) and Mayor and Council Members in active employment in the United States with the Employer Group 2 All eligible Retirees Group 3 All eligible employees of CWA Bargaining Unit in active employment in the United States with the Employer Group 4 All eligible employees designated as SAMP employees by the Employer in active employment in the United States with the Employer For retirees, certain terms and conditions in this life insurance plan are affected as follows: - references to "employee" will read "retiree" as it applies - references to "active employment" will not apply - references to "minimum hours" will not apply - references to "waiting period" will not apply - the "life insurance premium waiver" provision will not apply MINIMUM HOURS REQUIREMENT: Groups 1, 3 and 4 Employees must be working at least 37.5 hours per week. WAITING PERIOD: Groups 1, 3 and 4 For employees in an eligible group on or before January 1, 2012: None For employees entering an eligible group after January 1, 2012: First of the month coincident with or next following the date you enter an eligible group REHIRE: Groups 1, 3 and 4 If your employment ends and you are rehired within 1 year, your previous work while in an eligible group will apply toward the waiting period. All other Summary of Benefits' provisions apply. B@G-LIFE-2 (1/1/2012) WHO PAYS FOR THE COVERAGE: Groups 1, 2, 3 and 4 Basic Benefit: Your Employer pays the cost of your coverage. Additional Benefit: Group 4 You pay the cost of your coverage. ELIMINATION PERIOD: Groups 1, 3 and 4 Premium Waiver: 180 days Disability-based benefits begin the day after Unum approves your claim and the elimination period is completed. LIFE INSURANCE BENEFIT: AMOUNT OF LIFE INSURANCE FOR YOU BASIC BENEFIT Group 1 $2,500 Group 2 $1,000 Group 3 1.5 x annual earnings rounded to the next higher multiple of $1,000, if not already an exact multiple thereof, to a maximum of $50,000 Group 4 1 x annual earnings rounded to the next higher multiple of $1,000, if not already an exact multiple thereof, plus $2,500, to a maximum of $202,500 ADDITIONAL BENEFIT OPTIONS: Group 4 Option A 1 x annual earnings to a maximum of $500,000 Option B 2 x annual earnings to a maximum of $500,000 Option C 3 x annual earnings to a maximum of $500,000 All amounts are rounded to the next higher multiple of $1,000, if not already an exact multiple thereof. B@G-LIFE-3 (1/1/2012) EVIDENCE OF INSURABILITY IS REQUIRED FOR THE ADDITIONAL BENEFIT AMOUNT OF YOUR INSURANCE OVER: Group 4 The lesser of: - 3 x annual earnings; or - $150,000 Evidence of Insurability is not required for amounts of life insurance you had in force with your Employer's prior carrier on the termination date of the prior carrier's plan. Evidence of Insurability is required for amounts of life insurance in excess of the greater of: - The amount(s) of life insurance you had in force with your Employer's prior carrier on the termination date of the prior carrier's plan; or - The amount(s) of life insurance over the amount shown above. SOME LOSSES MAY NOT BE COVERED UNDER THIS PLAN. OTHER FEATURES: Groups 1, 3 and 4 Accelerated Benefit Conversion Portability Work Life Assistance Program Group 2 Accelerated Benefit Conversion The above items are only highlights of this plan. For a full description of your coverage, continue reading your certificate of coverage section. The plan includes enrollment, risk management and other support services related to your Employer's Benefit Program. LIFE-CLM-1 (1/1/2012) CLAIM INFORMATION LIFE INSURANCE WHEN DO YOU OR YOUR AUTHORIZED REPRESENTATIVE NOTIFY UNUM OF A CLAIM? Groups 1, 3 and 4 We encourage you or your authorized representative to notify us as soon as possible, so that a claim decision can be made in a timely manner. If a claim is based on your disability, written notice and proof of claim must be sent no later than 90 days after the end of the elimination period. If a claim is based on death, written notice and proof of claim must be sent no later than 90 days after the date of death. If it is not possible to give proof within these time limits, it must be given no later than 1 year after the proof is required as specified above. These time limits will not apply during any period you or your authorized representative lacks the legal capacity to give us proof of claim. The claim form is available from your Employer, or you or your authorized representative can request a claim form from us. If you or your authorized representative does not receive the form from Unum within 15 days of the request, send Unum written proof of claim without waiting for the form. If you have a disability, you must notify us immediately when you return to work in any capacity, regardless of whether you are working for your Employer. Group 2 We encourage you or your authorized representative to notify us as soon as possible, so that a claim decision can be made in a timely manner. If a claim is based on death, written notice and proof of claim must be sent no later than 90 days after the date of death. If it is not possible to give proof within this time limit, it must be given no later than 1 year after the proof is required as specified above. These time limits will not apply during any period you or your authorized representative lacks the legal capacity to give us proof of claim. The claim form is available from your Employer, or you or your authorized representative can request a claim form from us. If you or your authorized representative does not receive the form from Unum within 15 days of the request, send Unum written proof of claim without waiting for the form. HOW DO YOU FILE A CLAIM FOR A DISABILITY? You or your authorized representative, and your Employer must fill out your own sections of the claim form and then give it to your attending physician. Your physician should fill out his or her section of the form and send it directly to Unum. LIFE-CLM-2 (1/1/2012) WHAT INFORMATION IS NEEDED AS PROOF OF YOUR CLAIM? If your claim is based on your disability, your proof of claim, provided at your expense, must show: - that you are under the regular care of a physician; - the date your disability began; - the cause of your disability; - the extent of your disability, including restrictions and limitations preventing you from performing your regular occupation or any gainful occupation; and - the name and address of any hospital or institution where you received treatment, including all attending physicians. We may request that you send proof of continuing disability indicating that you are under the regular care of a physician. This proof, provided at your expense, must be received within 45 days of a request by us. If claim is based on death, proof of claim, provided at your or your authorized representative's expense, must show the cause of death. Also a certified copy of the death certificate must be given to us. In some cases, you will be required to give Unum authorization to obtain additional medical and non-medical information as part of your proof of claim or proof of continuing disability. Unum will deny your claim if the appropriate information is not submitted. WHEN CAN UNUM REQUEST AN AUTOPSY? In the case of death, Unum will have the right and opportunity to request an autopsy where not forbidden by law. HOW DO YOU DESIGNATE OR CHANGE A BENEFICIARY? (Beneficiary Designation) At the time you become insured, you should name a beneficiary on your enrollment form for your death benefits under your life insurance. You may change your beneficiary at any time by filing a form approved by Unum with your Employer. The new beneficiary designation will be effective as of the date you sign that form. However, if we have taken any action or made any payment before your Employer receives that form, that change will not go into effect. It is important that you name a beneficiary and keep your designation current. If more than one beneficiary is named and you do not designate their order or share of payments, the beneficiaries will share equally. The share of a beneficiary who dies before you, or the share of a beneficiary who is disqualified, will pass to any surviving beneficiaries in the order you designated. If you do not name a beneficiary, or if all named beneficiaries do not survive you, or if your named beneficiary is disqualified, your death benefit will be paid to your estate. Instead of making a death payment to your estate, Unum has the right to make payment to the first surviving family members of the family members in the order listed below: LIFE-CLM-3 (1/1/2012) - spouse; - child or children; - mother or father; or - sisters or brothers. If we are to make payments to a beneficiary who lacks the legal capacity to give us a release, Unum may pay up to $2,000 to the person or institution that appears to have assumed the custody and main support of the beneficiary. This payment made in good faith satisfies Unum's legal duty to the extent of that payment and Unum will not have to make payment again. Also, at Unum's option, we may pay up to $1,000 to the person or persons who, in our opinion, have incurred expenses for your last sickness and death. HOW WILL UNUM MAKE PAYMENTS? If your life claim is at least $10,000, Unum will make available to the beneficiary a retained asset account (the Unum Security Account). Payment for the life claim may be accessed by writing a draft in a single sum or drafts in smaller sums. The funds for the draft or drafts are fully guaranteed by Unum. If the life claim is less than $10,000, Unum will pay it in one lump sum to your beneficiary. Also, your beneficiary may request the life claim to be paid according to one of Unum's other settlement options. This request must be in writing in order to be paid under Unum's other settlement options. WHAT HAPPENS IF UNUM OVERPAYS YOUR CLAIM? Unum has the right to recover any overpayments due to: - fraud; and - any error Unum makes in processing a claim. You must reimburse us in full. We will determine the method by which the repayment is to be made. Unum will not recover more money than the amount we paid you. WHAT ARE YOUR ASSIGNABILITY RIGHTS FOR THE DEATH BENEFITS UNDER YOUR LIFE INSURANCE? (Assignability Rights) The rights provided to you by the plan for life insurance are owned by you, unless: - you have previously assigned these rights to someone else (known as an "assignee"); or - you assign your rights under the plan(s) to an assignee. We will recognize an assignee as the owner of the rights assigned only if: LIFE-CLM-4 (1/1/2012) - the assignment is in writing, signed by you, and acceptable to us in form; and - a signed or certified copy of the written assignment has been received and registered by us at our home office. We will not be responsible for the legal, tax or other effects of any assignment, or for any action taken under the plan(s') provisions before receiving and registering an assignment. EMPLOYER-1 (1/1/2012) EMPLOYER PROVISIONS WHAT DOES THIS SUMMARY OF BENEFITS CONSIST OF FOR THE EMPLOYER? This Summary of Benefits consists of: - all Summary of Benefits' provisions and any amendments and/or attachments issued; - the Employer's Participation Agreement; - each employee's application for insurance (employee retains his own copy); and - the certificate of coverage issued for each employee of the Employer. This Summary of Benefits may be changed in whole or in part. Only an officer or a registrar of Unum can approve a change. The approval must be in writing and endorsed on or attached to this Summary of Benefits. No other person, including an agent, may change this Summary of Benefits or waive any part of it. WHAT IS THE COST OF THIS INSURANCE? LIFE INSURANCE Premium payments are required for an insured while he or she is disabled under this plan. The initial premium for each plan is based on the initial rate(s) shown in the Rate Information Amendment(s). PREMIUM WAIVER Unum does not require premium payments for an insured employee's life coverage if he or she is under age 70 and disabled for 180 days. Proof of disability, provided at the insured employee's expense, must be filed by the insured employee and approved by Unum. INITIAL RATE GUARANTEE AND RATE CHANGES Refer to the Rate Information Amendment(s). WHEN IS PREMIUM DUE FOR THIS SUMMARY OF BENEFITS? Premium Due Dates: Premium due dates are based on the Premium Due Dates shown in the Rate Information Amendment(s). The Employer must send all premiums to Unum on or before their respective due date. The premium must be paid in United States dollars. WHEN ARE INCREASES OR DECREASES IN PREMIUM DUE? Premium increases or decreases which take effect during an insurance month are adjusted and due on the next premium due date following the change. Changes will not be pro-rated daily. EMPLOYER-2 (1/1/2012) If premiums are paid on other than a monthly basis, premiums for increases and decreases will result in a monthly pro-rated adjustment on the next premium due date. Unum will only adjust premium for the current plan year and the prior plan year. In the case of fraud, premium adjustments will be made for all plan years. WHAT INFORMATION DOES UNUM REQUIRE FROM THE EMPLOYER? The Employer must provide Unum with the following on a regular basis: - information about employees: • who are eligible to become insured; • whose amounts of coverage change; and/or • whose coverage ends; - occupational information and any other information that may be required to manage a claim; and - any other information that may be reasonably required. Employer records that, in Unum's opinion, have a bearing on this Summary of Benefits will be available for review by Unum at any reasonable time. Clerical error or omission by Unum will not: - prevent an employee from receiving coverage; - affect the amount of an insured's coverage; or - cause an employee's coverage to begin or continue when the coverage would not otherwise be effective. WHO CAN CANCEL OR MODIFY THIS SUMMARY OF BENEFITS OR A PLAN UNDER THIS SUMMARY OF BENEFITS? This Summary of Benefits or a plan under this Summary of Benefits can be cancelled: - by Unum; or - by the Employer. Unum may cancel or modify this Summary of Benefits or a plan if: - there is less than 100% participation of those eligible employees for an Employer paid plan; or - there is less than 75% participation of those eligible employees who pay all or part of the premium for a basic benefit plan; or - the number of employees insured for all additional benefits is less than 15 lives or 25% of those eligible, whichever is greater; or - the number of employees insured under a plan decreases by 25%; or - the Employer does not promptly provide Unum with information that is reasonably required; or - the Employer fails to perform any of its obligations that relate to this Summary of Benefits; or - fewer than 15 employees are insured under a plan; or EMPLOYER-3 (1/1/2012) - the premium is not paid in accordance with the provisions of this Summary of Benefits that specify whether the Employer, the employee, or both, pay the premiums; or - the Employer does not promptly report to Unum the names of any employees who are added or deleted from the eligible group; or - Unum determines that there is a significant change, in the size, occupation or age of the eligible group as a result of a corporate transaction such as a merger, divestiture, acquisition, sale, or reorganization of the Employer and/or its employees; or - the Employer fails to pay any portion of the premium within the 60 day grace period. If Unum cancels or modifies this Summary of Benefits or a plan, for reasons other than the Employer's failure to pay premium, a written notice will be delivered to the Employer at least 31 days prior to the cancellation date or modification date. The Employer may cancel this Summary of Benefits or plan if the modifications are unacceptable. If any portion of the premium is not paid during the grace period, Unum will either cancel or modify this Summary of Benefits or a plan automatically at the end of the grace period. The Employer is liable for premium for coverage during the grace period. The Employer must pay Unum all premium due for the full period each plan is in force. The Employer may cancel this Summary of Benefits or a plan by written notice delivered to Unum at least 31 days prior to the cancellation date. When both the Employer and Unum agree, this Summary of Benefits or a plan can be cancelled on an earlier date. If Unum or the Employer cancels this Summary of Benefits or a plan, coverage will end at 12:00 midnight on the last day of coverage. If this Summary of Benefits or a plan is cancelled, the cancellation will not affect a payable claim. WHAT HAPPENS TO AN EMPLOYEE'S COVERAGE UNDER THIS SUMMARY OF BENEFITS WHILE HE OR SHE IS ON A FAMILY AND MEDICAL LEAVE OF ABSENCE? We will continue the employee's coverage in accordance with the Employer's Human Resource policy on family and medical leaves of absence if premium payments continue and the Employer approved the employee's leave in writing. Coverage will be continued until the end of the latest of: - the leave period required by the federal Family and Medical Leave Act of 1993, and any amendments; or - the leave period required by applicable state law; or - the leave period provided to the employee for injury or sickness. If the Employer's Human Resource policy doesn't provide for continuation of a plan for an employee during a family and medical leave of absence, the employee's coverage will be reinstated when he or she returns to active employment. We will not: EMPLOYER-4 (1/1/2012) - apply a new waiting period; or - require evidence of insurability. DIVISIONS, SUBSIDIARIES OR AFFILIATED COMPANIES INCLUDE: NAME/LOCATION (CITY AND STATE) None CC.FP-1 (1/1/2012) CERTIFICATE SECTION Unum Life Insurance Company of America (referred to as Unum) welcomes you as a client. This is your certificate of coverage as long as you are eligible for coverage and you become insured. You will want to read it carefully and keep it in a safe place. Unum has written your certificate of coverage in plain English. However, a few terms and provisions are written as required by insurance law. If you have any questions about any of the terms and provisions, please consult Unum's claims paying office. Unum will assist you in any way to help you understand your benefits. If the terms and provisions of the certificate of coverage (issued to you) are different from the Summary of Benefits (issued to the Employer), the Summary of Benefits will govern. The Summary of Benefits may be changed in whole or in part. Only an officer or registrar of Unum can approve a change. The approval must be in writing and endorsed on or attached to the Summary of Benefits. Any other person, including an agent, may not change the Summary of Benefits or waive any part of it. The Summary of Benefits is delivered in and is governed by the laws of the governing jurisdiction and to the extent applicable by the Employee Retirement Income Security Act of 1974 (ERISA) and any amendments. When making a benefit determination under the Summary of Benefits, Unum has discretionary authority to determine your eligibility for benefits and to interpret the terms and provisions of the Summary of Benefits. For purposes of effective dates and ending dates under the group Summary of Benefits, all days begin at 12:01 a.m. and end at 12:00 midnight at the Employer's address. Unum Life Insurance Company of America 2211 Congress Street Portland, Maine 04122 EMPLOYEE-1 (1/1/2012) GENERAL PROVISIONS WHAT IS THE CERTIFICATE OF COVERAGE? This certificate of coverage is a written statement prepared by Unum and may include attachments. It tells you: - the coverage for which you may be entitled; - to whom Unum will make a payment; and - the limitations, exclusions and requirements that apply within a plan. WHEN ARE YOU ELIGIBLE FOR COVERAGE? If you are working for your Employer in an eligible group, the date you are eligible for coverage is the latest of: - the plan effective date; - the day after you complete your waiting period; or - due to retirement. WHEN DOES YOUR COVERAGE BEGIN? Groups 1 and 3 Your Employer pays 100% of the cost of your coverage under the basic benefit. You will automatically be covered under the basic benefit at 12:01 a.m. on the later of: - the date you are eligible for coverage; or - the first of the month following the date Unum approves your evidence of insurability form, if evidence of insurability is required. Group 2 Your Employer pays 100% of the cost of your retiree coverage under the basic benefit. You will automatically be covered under the basic benefit at 12:01 a.m. on the date you are eligible for coverage. Group 4 This plan provides different benefit options in addition to the basic benefit. When you first become eligible for coverage, you may apply for any option, however, you cannot be covered under more than one option at a time. Evidence of insurability is required for any amount of life insurance over the amount shown in the LIFE INSURANCE "BENEFITS AT A GLANCE" page. Your Employer pays 100% of the cost of your coverage under the basic benefit. You will automatically be covered under the basic benefit at 12:01 a.m. on the later of: - the date you are eligible for coverage; or - the first of the month following the date Unum approves your evidence of insurability form, if evidence of insurability is required. When you and your Employer share the cost of your coverage for any option under a plan or when you pay 100% of the cost yourself for any option, you will be covered at 12:01 a.m. on the latest of: EMPLOYEE-2 (1/1/2012) - the date you are eligible for coverage, if you apply for insurance on or before that date; - the date you apply for insurance, if you apply within 31 days after your eligibility date; or - the first of the month following the date Unum approves your evidence of insurability form, if evidence of insurability is required. WHEN CAN YOU APPLY FOR ADDITIONAL BENEFIT OPTIONS IF YOU APPLY MORE THAN 31 DAYS AFTER YOUR ELIGIBILITY DATE? (LATE ENTRANTS) Group 4 You can apply for additional benefit options only during an annual enrollment period. Evidence of insurability is required for any amount of insurance. Unum and your Employer determine when the annual enrollment period begins and ends. Coverage will begin at 12:01 a.m. on the first of the month following the date Unum approves your evidence of insurability form. WHEN CAN YOU CHANGE YOUR COVERAGE BY CHOOSING ANOTHER ADDITIONAL BENEFIT OPTION? (This does not apply to Late Entrants) Group 4 You can change your coverage by applying for a different additional benefit option only during an annual enrollment period. You can decrease your coverage any number of levels. Evidence of insurability is required if you increase your coverage by any level or if you apply for any amount of life insurance over the amount shown in the LIFE INSURANCE "BENEFITS AT A GLANCE" page. If you are not approved for the increase in your coverage, you will automatically remain at the same level you had prior to applying for the increase. Unum and your Employer determine when the annual enrollment period begins and ends. A change in coverage that is made during an annual enrollment period will begin at 12:01 a.m. on the later of: - the first day of the next plan year; or - the first of the month following the date Unum approves your evidence of insurability form, if evidence of insurability is required. WHAT IF YOU ARE ABSENT FROM WORK ON THE DATE YOUR COVERAGE WOULD NORMALLY BEGIN? Groups 1, 3 and 4 If you are absent from work due to injury, sickness, temporary layoff or leave of absence, your coverage will begin on the date you return to active employment. ONCE YOUR COVERAGE BEGINS, WHAT HAPPENS IF YOU ARE NOT WORKING DUE TO INJURY OR SICKNESS? Groups 1, 3 and 4 EMPLOYEE-3 (1/1/2012) If you are not working due to injury or sickness, and if premium is paid, you may continue to be covered up to your retirement date. ONCE YOUR COVERAGE BEGINS, WHAT HAPPENS IF YOU ARE TEMPORARILY NOT WORKING? Groups 1, 3 and 4 If you are on a temporary layoff, and if premium is paid, you will be covered through the end of the month that immediately follows the month in which your temporary layoff begins. Groups 1, 3 and 4 If you are on a leave of absence, and if premium is paid, you will be covered through the end of the month that immediately follows the month in which your leave of absence begins. WHEN WILL CHANGES TO YOUR COVERAGE TAKE EFFECT? Groups 1, 3 and 4 Once your coverage begins, any increased or additional coverage due to a change in your annual earnings or due to a plan change requested by your Employer will take effect immediately or on the first of the month following the date Unum approves your evidence of insurability form, if evidence of insurability is required. You must be in active employment or on a covered layoff or leave of absence. If you are not in active employment due to injury or sickness, any increased or additional coverage due to a change in your annual earnings or due to a plan change will begin on the date you return to active employment. Any decrease in coverage will take effect immediately but will not affect a payable claim that occurs prior to the decrease. WHEN DOES YOUR COVERAGE END? Groups 1, 3 and 4 Your coverage under the Summary of Benefits or a plan ends on the earliest of: - the date the Summary of Benefits or a plan is cancelled; - the date you no longer are in an eligible group; - the date your eligible group is no longer covered; - the last day of the period for which you made any required contributions; or - the last day you are in active employment unless continued due to a covered layoff or leave of absence or due to an injury or sickness or due to retirement, as described in this certificate of coverage. Unum will provide coverage for a payable claim which occurs while you are covered under the Summary of Benefits or plan. Group 2 Your coverage under the Summary of Benefits or a plan ends on the earliest of: - the date the Summary of Benefits or a plan is cancelled; - the date you no longer are in an eligible group; - the date your eligible group is no longer covered; or EMPLOYEE-4 (1/1/2012) - the last day of the period for which any required contributions are made. Unum will provide coverage for a payable claim which occurs while you are covered under the Summary of Benefits or a plan. WHAT ARE THE TIME LIMITS FOR LEGAL PROCEEDINGS? You or your authorized representative can start legal action regarding a claim 60 days after proof of claim has been given and up to 5 years from the time proof of claim is required, unless otherwise provided under federal law. HOW CAN STATEMENTS MADE IN YOUR APPLICATION FOR THIS COVERAGE BE USED? Unum considers any statements you or your Employer make in a signed application for coverage or an evidence of insurability form a representation and not a warranty. If any of the statements you or your Employer make are not complete and/or not true at the time they are made, we can: - reduce or deny any claim; or - cancel your coverage from the original effective date. We will use only statements made in a signed application or an evidence of insurability form as a basis for doing this. Except in the case of fraud, Unum can take action only in the first 2 years coverage is in force. If the Employer gives us information about you that is incorrect, we will: - use the facts to decide whether you have coverage under the plan and in what amounts; and - make a fair adjustment of the premium. HOW WILL UNUM HANDLE INSURANCE FRAUD? Unum wants to ensure you and your Employer do not incur additional insurance costs as a result of the undermining effects of insurance fraud. Unum promises to focus on all means necessary to support fraud detection, investigation, and prosecution. It is a crime if you knowingly, and with intent to injure, defraud or deceive Unum, or provide any information, including filing a claim, that contains any false, incomplete or misleading information. These actions, as well as submission of materially false information, will result in denial of your claim, and are subject to prosecution and punishment to the full extent under state and/or federal law. Unum will pursue all appropriate legal remedies in the event of insurance fraud. DOES THE SUMMARY OF BENEFITS REPLACE OR AFFECT ANY WORKERS' COMPENSATION OR STATE DISABILITY INSURANCE? The Summary of Benefits does not replace or affect the requirements for coverage by any workers' compensation or state disability insurance. EMPLOYEE-5 (1/1/2012) DOES YOUR EMPLOYER ACT AS YOUR AGENT OR UNUM'S AGENT? For the purposes of the Summary of Benefits, your Employer acts on its own behalf or as your agent. Under no circumstances will your Employer be deemed the agent of Unum. LIFE-BEN-1 (1/1/2012) LIFE INSURANCE BENEFIT INFORMATION WHEN WILL YOUR BENEFICIARY RECEIVE PAYMENT? Your beneficiary(ies) will receive payment when Unum approves your death claim. WHAT DOCUMENTS ARE REQUIRED FOR PROOF OF DEATH? Unum will require a certified copy of the death certificate, enrollment documents and a Notice and Proof of Claim form. HOW MUCH WILL UNUM PAY YOUR BENEFICIARY IF UNUM APPROVES YOUR DEATH CLAIM? Unum will determine the payment according to the amount of insurance shown in the LIFE INSURANCE "BENEFITS AT A GLANCE" page. WHAT ARE YOUR ANNUAL EARNINGS? "Annual Earnings" means your gross annual income from your Employer in effect just prior to the date of loss. It includes your total income before taxes. It is prior to any deductions made for pre-tax contributions to a qualified deferred compensation plan, Section 125 plan, or flexible spending account. It does not include income received from commissions, bonuses, overtime pay, shift differential or any other extra compensation, or income received from sources other than your Employer. WHAT WILL WE USE FOR ANNUAL EARNINGS IF YOU BECOME DISABLED DURING A COVERED LAYOFF OR LEAVE OF ABSENCE? If you become disabled while you are on a covered layoff or leave of absence, we will use your annual earnings from your Employer in effect just prior to the date your absence began. WHAT HAPPENS TO YOUR LIFE INSURANCE COVERAGE IF YOU BECOME DISABLED? Your life insurance coverage may be continued for a specific time and your life insurance premium will be waived if you qualify as described below. HOW LONG MUST YOU BE DISABLED BEFORE YOU ARE ELIGIBLE TO HAVE LIFE PREMIUMS WAIVED? You must be disabled through your elimination period. Your elimination period is 180 days. WHEN WILL YOUR LIFE INSURANCE PREMIUM WAIVER BEGIN? Your life insurance premium waiver will begin when we approve your claim, if the elimination period has ended and you meet the following conditions. Your Employer may continue premium payments until Unum notifies your Employer of the date your life insurance premium waiver begins. LIFE-BEN-2 (1/1/2012) Your life insurance premium will be waived if you meet these conditions: - you are less than 70 and insured under the plan. - you become disabled and remain disabled during the elimination period. - you meet the notice and proof of claim requirements for disability while your life insurance is in effect or within three months after it ends. - your claim is approved by Unum. After we approve your claim, Unum does not require further premium payments for you while you remain disabled according to the terms and provisions of the plan. Your life insurance amount will not increase while your life insurance premiums are being waived. Your life insurance amount will reduce or cease at any time it would reduce or cease if you had not been disabled. WHEN WILL YOUR LIFE INSURANCE PREMIUM WAIVER END? The life insurance premium waiver will automatically end if: - you recover and you no longer are disabled; - you fail to give us proper proof that you remain disabled; - you refuse to have an examination by a physician chosen by Unum; - you reach age 70; or - premium has been waived for 12 months and you are considered to reside outside the United States. You will be considered to reside outside the United States when you have been outside the United States for a total period of 6 consecutive months or more and during that period have established residence in a foreign country. HOW DOES UNUM DEFINE DISABILITY? You are disabled when Unum determines that: - during the elimination period, you are not working in any occupation due to your injury or sickness; and - after the elimination period, due to the same injury or sickness, you are unable to perform the duties of any gainful occupation for which you are reasonably fitted by training, education or experience. You must be under the regular care of a physician in order to be considered disabled. The loss of a professional or occupational license or certification does not, in itself, constitute disability. We may require you to be examined by a physician, other medical practitioner or vocational expert of our choice. Unum will pay for this examination. We can require an examination as often as it is reasonable to do so. We may also require you to be interviewed by an authorized Unum Representative. LIFE-BEN-3 (1/1/2012) APPLYING FOR LIFE INSURANCE PREMIUM WAIVER Ask your Employer for a life insurance premium waiver claim form. The form has instructions on how to complete and where to send the claim. WHAT INSURANCE IS AVAILABLE WHILE YOU ARE SATISFYING THE DISABILITY REQUIREMENTS? (See Conversion Privilege) You may use this life conversion privilege when your life insurance terminates while you are satisfying the disability requirements. Please refer to the conversion privilege below. You are not eligible to apply for this life conversion if you return to work and, again, become covered under the plan. If an individual life insurance policy is issued to you, any benefit for your death under this plan will be paid only if the individual policy is returned for surrender to Unum. Unum will refund all premiums paid for the individual policy. The amount of your death benefit will be paid to your named beneficiary for the plan. If, however, you named a different beneficiary for the individual policy and the policy is returned to Unum for surrender, that different beneficiary will not be paid. If you want to name a different beneficiary for this group plan, you must change your beneficiary as described in the Beneficiary Designation page of this group plan. WHAT INSURANCE IS AVAILABLE WHEN COVERAGE ENDS? (Conversion Privilege) When coverage ends under the plan, you can convert your coverage to an individual life policy, without evidence of insurability. The maximum amount that you can convert is the amount you are insured for under the plan. You may convert a lower amount of life insurance. You must apply for individual life insurance under this life conversion privilege and pay the first premium within 31 days after the date: - your employment terminates; or - you no longer are eligible to participate in the coverage of the plan. If you convert to an individual life policy, then return to work, and, again, become insured under the plan, you are not eligible to convert to an individual life policy again. However, you do not need to surrender that individual life policy when you return to work. Converted insurance may be of any type of the level premium whole life plans then in use by Unum. The individual policy will not contain disability or other extra benefits. LIFE-BEN-4 (1/1/2012) WHAT LIMITED CONVERSION IS AVAILABLE IF THE SUMMARY OF BENEFITS OR THE PLAN IS CANCELLED? (Conversion Privilege) You may convert a limited amount of life insurance if you have been insured under your Employer's group plan with Unum for at least five (5) years and the Summary of Benefits or the plan: - is cancelled with Unum; or - changes so that you no longer are eligible. The individual life policy maximum will be the lesser of: - $10,000; or - your coverage amount under the plan less any amount that becomes available under any other group life plan offered by your Employer within 31 days after the date the Summary of Benefits or the plan is cancelled. PREMIUMS Premiums for the converted insurance will be based on: - your then attained age on the effective date of the individual life policy; - the type and amount of insurance to be converted; - Unum's customary rates in use at that time; and - the class of risk to which you belong. If the premium payment has been made, the individual life policy will be effective at the end of the 31 day conversion application period. DEATH DURING THE THIRTY-ONE DAY CONVERSION APPLICATION PERIOD If you die within the 31 day conversion application period, Unum will pay the beneficiary(ies) the amount of insurance that could have been converted. This coverage is available whether or not you have applied for an individual life policy under the conversion privilege. APPLYING FOR CONVERSION Ask your Employer for a conversion application form which includes cost information. When you complete the application, send it with the first premium amount to: Unum - Conversion Unit 2211 Congress Street Portland, Maine 04122-1350 1-800-343-5406 LIFE-BEN-5 (1/1/2012) WILL UNUM ACCELERATE YOUR DEATH BENEFIT FOR THE PLAN IF YOU BECOME TERMINALLY ILL? (Accelerated Benefit) If you become terminally ill while you are insured by the plan, Unum will pay you a portion of your life insurance benefit one time. The payment will be based on 75% of your life insurance amount. However, the one-time benefit paid will not be greater than $500,000. Your right to exercise this option and to receive payment is subject to the following: - you request this election, in writing, on a form acceptable to Unum; - you must be terminally ill at the time of payment of the Accelerated Benefit; - your physician must certify, in writing, that you are terminally ill and your life expectancy has been reduced to less than 12 months; and - the physician's certification must be deemed satisfactory to Unum. The Accelerated Benefit is available on a voluntary basis. Therefore, you are not eligible for benefits if: - you are required by law to use this benefit to meet the claims of creditors, whether in bankruptcy or otherwise; or - you are required by a government agency to use this benefit in order to apply for, get, or otherwise keep a government benefit or entitlement. Premium payments must continue to be paid on the full amount of life insurance unless you qualify to have your life premium waived. If you have assigned your rights under the plan to an assignee or made an irrevocable beneficiary designation, Unum must receive consent, in writing, that the assignee or irrevocable beneficiary has agreed to the Accelerated Benefit payment on your behalf in a form acceptable to Unum before benefits are payable. An election to receive an Accelerated Benefit will have the following effect on other benefits: - the death benefit payable will be reduced by any amount of Accelerated Benefit that has been paid; and - any amount of life insurance that would be continued under a disability continuation provision or that may be available under the conversion privilege will be reduced by the amount of the Accelerated Benefit paid. The remaining life insurance amount will be paid according to the terms of the Summary of Benefits subject to any reduction and termination provisions. Benefits paid may be taxable. Unum is not responsible for any tax or other effects of any benefit paid. As with all tax matters, you should consult your personal tax advisor to assess the impact of this benefit. WHAT LOSSES ARE NOT COVERED UNDER YOUR PLAN? Your plan does not cover any losses where death is caused by, contributed to by, or results from: - suicide occurring within 24 months after your initial effective date of insurance; and LIFE-BEN-6 (1/1/2012) - suicide occurring within 24 months after the date any increases or additional insurance becomes effective for you. The suicide exclusion will apply to any amounts of insurance for which you pay all or part of the premium. The suicide exclusion also will apply to any amount that is subject to evidence of insurability requirements and Unum approves the evidence of insurability form and the amount you applied for at that time. LIFE-OTR-1 (1/1/2012) LIFE INSURANCE OTHER BENEFIT FEATURES WHAT COVERAGE IS AVAILABLE IF YOU END EMPLOYMENT OR YOU WORK REDUCED HOURS? (Portability) If your employment ends with or you retire from your Employer or you are working less than the minimum number of hours as described under Eligible Groups in this plan, you may elect portable coverage for yourself. PORTABLE INSURANCE COVERAGE AND AMOUNTS AVAILABLE The portable insurance coverage will be the current coverage and amounts that you are insured for under your Employer's group plan. However, the amount of portable coverage for you will not be more than: - the highest amount of life insurance available for employees under the plan; or - 5x your annual earnings; or - $750,000 from all Unum group life and accidental death and dismemberment plans combined, whichever is less. The amount of ported life insurance must be equal to or greater than the amount of ported accidental death and dismemberment insurance. The minimum amount of coverage that can be ported is $5,000. If the current amounts under the plan are less than $5,000, you may port the lesser amounts. Your amount of life insurance will reduce or cease at any time it would reduce or cease for your eligible group if you had continued in active employment with your Employer. APPLYING FOR PORTABLE COVERAGE You must apply for portable coverage for yourself and pay the first premium within 31 days after the date: - your coverage ends or you retire from your Employer; or - you begin working less than the minimum number of hours as described under Eligible Groups in this plan. You are not eligible to apply for portable coverage for yourself if: - you have an injury or sickness, under the terms of this plan, which has a material effect on life expectancy; - the policy is cancelled (the Policy is the group policy issued to the Trustees of the Select Group Insurance Trust in which your Employer participates); or - you failed to pay the required premium under the terms of this plan. If we determine that because of an injury or sickness, which has a material effect on life expectancy, you were not eligible for portability at the time you elected portable LIFE-OTR-2 (1/1/2012) coverage, the benefit will be adjusted to the amount of whole life coverage the premium would have purchased under the Conversion Privilege. APPLYING FOR INCREASES OR DECREASES IN PORTABLE COVERAGE You may increase or decrease the amount of life insurance coverage. The minimum and maximum benefit amounts are shown above. However, the amount of life insurance coverage cannot be decreased below $5,000. All increases are subject to evidence of insurability. Portable coverage will reduce at the ages and amounts shown in the LIFE INSURANCE "BENEFITS AT A GLANCE" page. WHEN PORTABLE COVERAGE ENDS Portable coverage for you will end for the following reasons: - the date you fail to pay any required premium; or - the date the policy is cancelled (the Policy is the group policy issued to the Trustees of the Select Group Insurance Trust in which your Employer participates). If portable coverage ends due to failure to pay required premium, portable coverage cannot be reinstated. PREMIUM RATE CHANGES FOR PORTABLE COVERAGE Unum may change premium rates for portable coverage at any time for reasons which affect the risk assumed, including those reasons shown below: - changes occur in the coverage levels; - changes occur in the overall use of benefits by all insureds; - changes occur in other risk factors; or - a new law or a change in any existing law is enacted which applies to portable coverage. The change in premium rates will be made on a class basis according to Unum's underwriting risk studies. Unum will notify the insured in writing at least 31 days before a premium rate is changed. APPLYING FOR CONVERSION, IF PORTABLE COVERAGE ENDS OR IS NOT AVAILABLE If you are not eligible to apply for portable coverage or portable coverage ends, then you may qualify for conversion coverage. Refer to Conversion Privilege under this plan. Ask your Employer for a conversion application form which includes cost information. When you complete the application, send it with the first premium amount to: Unum - Conversion Unit 2211 Congress Street Portland, Maine 04122-1350 1-800-343-5406 STATE REQ-1 (1/1/2012) STATE REQUIREMENTS NOTICE: THE SUMMARY OF BENEFITS PROVIDING YOUR COVERAGE IS GOVERNED PRIMARILY BY THE LAW OF A STATE OTHER THAN FLORIDA. SERVICES-1 (1/1/2012) OTHER SERVICES This service is also available from us as part of your Unum Life Insurance Plan. IS THERE A WORK LIFE ASSISTANCE PROGRAM AVAILABLE WITH THE PLAN? We do provide you and your dependents access to a work life assistance program designed to assist you with problems of daily living. You can call and request assistance for virtually any personal or professional issue, from helping find a day care or transportation for an elderly parent, to researching possible colleges for a child, to helping to deal with the stress of the workplace. This work life program is available for everyday issues as well as crisis support. This service is also available to your Employer. This program can be accessed by a 1-800 telephone number available 24 hours a day, 7 days a week or online through a website. Information about this program can be obtained through your plan administrator. GLOSSARY-1 (1/1/2012) GLOSSARY ACTIVE EMPLOYMENT means you are working for your Employer for earnings that are paid regularly and that you are performing the material and substantial duties of your regular occupation. You must be working at least the minimum number of hours as described under Eligible Group(s) in each plan. Your work site must be: - your Employer's usual place of business; - an alternative work site at the direction of your Employer, including your home; or - a location to which your job requires you to travel. Normal vacation is considered active employment. Temporary and seasonal workers are excluded from coverage. ANNUAL EARNINGS means your annual income received from your Employer as defined in the plan. ANNUAL ENROLLMENT PERIOD means a period of time before the beginning of each plan year. ELIMINATION PERIOD means a period of continuous disability which must be satisfied before you are eligible to have your life premium waived by Unum. EMPLOYEE means a person who is in active employment in the United States with the Employer. EMPLOYER means the Employer/Applicant named in the Application For Participation in the Select Group Insurance Trust, on the first page of the Summary of Benefits and in all amendments. It includes any division, subsidiary or affiliated company named in the Summary of Benefits. EVIDENCE OF INSURABILITY means a statement of your medical history which Unum will use to determine if you are approved for coverage. Evidence of insurability will be at Unum's expense. GAINFUL OCCUPATION means an occupation that within 12 months of your return to work is or can be expected to provide you with an income that is at least equal to 60% of your annual earnings in effect just prior to the date your disability began. GRACE PERIOD means the period of time following the premium due date during which premium payment may be made. HOSPITAL OR INSTITUTION means an accredited facility licensed to provide care and treatment for the condition causing your disability. INJURY means: - for purposes of Portability, a bodily injury that is the direct result of an accident and not related to any other cause. - for all other purposes, a bodily injury that is the direct result of an accident and not related to any other cause. Disability must begin while you are covered under the plan. GLOSSARY-2 (1/1/2012) INSURED means any person covered under a plan. LAYOFF or LEAVE OF ABSENCE means you are temporarily absent from active employment for a period of time that has been agreed to in advance in writing by your Employer. Your normal vacation time or any period of disability is not considered a temporary layoff or leave of absence. LIFE INSURANCE BENEFIT means the total benefit amount for which an employee is insured under this plan subject to the maximum benefit. PAYABLE CLAIM means a claim for which Unum is liable under the terms of the Summary of Benefits. PHYSICIAN means: - a person performing tasks that are within the limits of his or her medical license; and - a person who is licensed to practice medicine and prescribe and administer drugs or to perform surgery; or - a person with a doctoral degree in Psychology (Ph.D. or Psy.D.) whose primary practice is treating patients; or - a person who is a legally qualified medical practitioner according to the laws and regulations of the governing jurisdiction. Unum will not recognize you, or your spouse, children, parents or siblings as a physician for a claim that you send to us. PLAN means a line of coverage under the Summary of Benefits. REGULAR CARE means: - you personally visit a physician as frequently as is medically required, according to generally accepted medical standards, to effectively manage and treat your disabling condition(s); and - you are receiving the most appropriate treatment and care which conforms with generally accepted medical standards, for your disabling condition(s) by a physician whose specialty or experience is the most appropriate for your disabling condition(s), according to generally accepted medical standards. RETAINED ASSET ACCOUNT is an interest bearing account established through an intermediary bank in the name of your beneficiary, as owner. RETIREE means a person who was in active employment in the United States with the Employer just prior to their date of retirement. SICKNESS means: - for purposes of Portability, an illness, disease or symptoms for which a person, in the exercise of ordinary prudence, would have consulted a health care provider. - for all other purposes, an illness or disease. Disability must begin while you are covered under the plan. GLOSSARY-3 (1/1/2012) TRUST means the policyholder trust named on the first page of the Summary of Benefits and all amendments to the policy. WAITING PERIOD means the continuous period of time (shown in each plan) that you must be in active employment in an eligible group before you are eligible for coverage under a plan. WE, US and OUR means Unum Life Insurance Company of America. YOU means an employee or retiree who is eligible for Unum coverage. ADDLINFO-1 (1/1/2012) Additional Claim and Appeal Information APPLICABILITY OF ERISA If this Summary of Benefits provides benefits under a Plan which is subject to the Employee Retirement Income Security Act of 1974 (ERISA), the following provisions apply. Whether a Plan is governed by ERISA is determined by a court, however, your Employer may have information related to ERISA applicability. If ERISA applies, the following items constitute the Plan: the additional information contained in this document, the Summary of Benefits, including your certificate of coverage, and any additional summary plan description information provided by the Plan Administrator. Benefit determinations are controlled exclusively by the Summary of Benefits, your certificate of coverage, and the information in this document. HOW TO FILE A CLAIM If you wish to file a claim for benefits, you should follow the claim procedures described in your insurance certificate. To complete your claim filing, Unum must receive the claim information it requests from you (or your authorized representative), your attending physician and your Employer. If you or your authorized representative has any questions about what to do, you or your authorized representative should contact Unum directly. CLAIMS PROCEDURES If a claim is based on death In the event that your claim is denied, either in full or in part, Unum will notify you in writing within 90 days after your claim was filed. Under special circumstances, Unum is allowed an additional period of not more than 90 days (180 days in total) within which to notify you of its decision. If such an extension is required, you will receive a written notice from Unum indicating the reason for the delay and the date you may expect a final decision. Unum's notice of denial shall include: - the specific reason or reasons for denial with reference to those Plan provisions on which the denial is based; - a description of any additional material or information necessary to complete the claim and why that material or information is necessary; and - a description of the Plan's procedures and applicable time limits for appealing the determination, including a statement of your right to bring a lawsuit under Section 502(a) of ERISA following an adverse determination from Unum on appeal. Notice of the determination may be provided in written or electronic form. Electronic notices will be provided in a form that complies with any applicable legal requirements. If a claim is based on your disability Unum will give you notice of the decision no later than 45 days after the claim is filed. This time period may be extended twice by 30 days if Unum both determines that such an extension is necessary due to matters beyond the control of the Plan and notifies you of the circumstances requiring the extension of time and the date by which Unum expects to render a decision. If such an extension is necessary due to ADDLINFO-2 (1/1/2012) your failure to submit the information necessary to decide the claim, the notice of extension will specifically describe the required information, and you will be afforded at least 45 days within which to provide the specified information. If you deliver the requested information within the time specified, any 30 day extension period will begin after you have provided that information. If you fail to deliver the requested information within the time specified, Unum may decide your claim without that information. If your claim for benefits is wholly or partially denied, the notice of adverse benefit determination under the Plan will: - state the specific reason(s) for the determination; - reference specific Plan provision(s) on which the determination is based; - describe additional material or information necessary to complete the claim and why such information is necessary; - describe Plan procedures and time limits for appealing the determination, and your right to obtain information about those procedures and the right to bring a lawsuit under Section 502(a) of ERISA following an adverse determination from Unum on appeal; and - disclose any internal rule, guidelines, protocol or similar criterion relied on in making the adverse determination (or state that such information will be provided free of charge upon request). Notice of the determination may be provided in written or electronic form. Electronic notices will be provided in a form that complies with any applicable legal requirements. APPEAL PROCEDURES If an appeal is based on death If you or your authorized representative appeal a denied claim, it must be submitted within 90 days after you receive Unum's notice of denial. You have the right to: - submit a request for review, in writing, to Unum; - upon request and free of charge, reasonable access to and copies of, all relevant documents as defined by applicable U.S. Department of Labor regulations; and - submit written comments, documents, records and other information relating to the claim to Unum. Unum will make a full and fair review of the claim and all new information submitted whether or not presented or available at the initial determination, and may require additional documents as it deems necessary or desirable in making such a review. A final decision on the review shall be made not later than 60 days following receipt of the written request for review. If special circumstances require an extension of time for processing, you will be notified of the reasons for the extension and the date by which the Plan expects to make a decision. If an extension is required due to your failure to submit the information necessary to decide the claim, the notice of extension will specifically describe the necessary information and the date by which ADDLINFO-3 (1/1/2012) you need to provide it to us. The 60-day extension of the appeal review period will begin after you have provided that information. The final decision on review shall be furnished in writing and shall include the reasons for the decision with reference, again, to those Summary of Benefits' provisions upon which the final decision is based. It will also include a statement describing your access to documents and describing your right to bring a lawsuit under Section 502(a) of ERISA if you disagree with the determination. Notice of the determination may be provided in written or electronic form. Electronic notices will be provided in a form that complies with any applicable legal requirements. Unless there are special circumstances, this administrative appeal process must be completed before you begin any legal action regarding your claim. If an appeal is based on your disability You have 180 days from the receipt of notice of an adverse benefit determination to file an appeal. Requests for appeals should be sent to the address specified in the claim denial. A decision on review will be made not later than 45 days following receipt of the written request for review. If Unum determines that special circumstances require an extension of time for a decision on review, the review period may be extended by an additional 45 days (90 days in total). Unum will notify you in writing if an additional 45 day extension is needed. If an extension is necessary due to your failure to submit the information necessary to decide the appeal, the notice of extension will specifically describe the required information, and you will be afforded at least 45 days to provide the specified information. If you deliver the requested information within the time specified, the 45 day extension of the appeal period will begin after you have provided that information. If you fail to deliver the requested information within the time specified, Unum may decide your appeal without that information. You will have the opportunity to submit written comments, documents, or other information in support of your appeal. You will have access to all relevant documents as defined by applicable U.S. Department of Labor regulations. The review of the adverse benefit determination will take into account all new information, whether or not presented or available at the initial determination. No deference will be afforded to the initial determination. The review will be conducted by Unum and will be made by a person different from the person who made the initial determination and such person will not be the original decision maker's subordinate. In the case of a claim denied on the grounds of a medical judgment, Unum will consult with a health professional with appropriate training and experience. The health care professional who is consulted on appeal will not be the individual who was consulted during the initial determination or a subordinate. If the advice of a medical or vocational expert was obtained by the Plan in connection with the denial of your claim, Unum will provide you with the names of each such expert, regardless of whether the advice was relied upon. A notice that your request on appeal is denied will contain the following information: - the specific reason(s) for the determination; ADDLINFO-4 (1/1/2012) - a reference to the specific Plan provision(s) on which the determination is based; - a statement disclosing any internal rule, guidelines, protocol or similar criterion relied on in making the adverse determination (or a statement that such information will be provided free of charge upon request); - a statement describing your right to bring a lawsuit under Section 502(a) of ERISA if you disagree with the decision; - the statement that you are entitled to receive upon request, and without charge, reasonable access to or copies of all documents, records or other information relevant to the determination; and - the statement that "You or your plan may have other voluntary alternative dispute resolution options, such as mediation. One way to find out what may be available is to contact your local U.S. Department of Labor Office and your State insurance regulatory agency". Notice of the determination may be provided in written or electronic form. Electronic notices will be provided in a form that complies with any applicable legal requirements. Unless there are special circumstances, this administrative appeal process must be completed before you begin any legal action regarding your claim. OTHER RIGHTS Unum, for itself and as claims fiduciary for the Plan, is entitled to legal and equitable relief to enforce its right to recover any benefit overpayments caused by your receipt of deductible sources of income from a third party. This right of recovery is enforceable even if the amount you receive from the third party is less than the actual loss suffered by you but will not exceed the benefits paid you under the Summary of Benefits. You agree that Unum and the Plan have an equitable lien over such sources of income until any benefit overpayments have been recovered in full. DISCRETIONARY ACTS The Plan, acting through the Plan Administrator, delegates to Unum and its affiliate Unum Group discretionary authority to make benefit determinations under the Plan. Unum and Unum Group may act directly or through their employees and agents or further delegate their authority through contracts, letters or other documentation or procedures to other affiliates, persons or entities. Benefit determinations include determining eligibility for benefits and the amount of any benefits, resolving factual disputes, and interpreting and enforcing the provisions of the Plan. All benefit determinations must be reasonable and based on the terms of the Plan and the facts and circumstances of each claim. Once you are deemed to have exhausted your appeal rights under the Plan, you have the right to seek court review under Section 502(a) of ERISA of any benefit determinations with which you disagree. The court will determine the standard of review it will apply in evaluating those decisions. GLB-1 (1/1/2012) Unum's Commitment to Privacy Unum understands your privacy is important. We value our relationship with you and are committed to protecting the confidentiality of nonpublic personal information (NPI). This notice explains why we collect NPI, what we do with NPI and how we protect your privacy. Collecting Information We collect NPI about our customers to provide them with insurance products and services. This may include telephone number, address, date of birth, occupation, income and health history. We may receive NPI from your applications and forms, medical providers, other insurers, employers, insurance support organizations, and service providers. Sharing Information We share the types of NPI described above primarily with people who perform insurance, business, and professional services for us, such as helping us pay claims and detect fraud. We may share NPI with medical providers for insurance and treatment purposes. We may share NPI with an insurance support organization. The organization may retain the NPI and disclose it to others for whom it performs services. In certain cases, we may share NPI with group policyholders for reporting and auditing purposes. We may share NPI with parties to a proposed or final sale of insurance business or for study purposes. We may also share NPI when otherwise required or permitted by law, such as sharing with governmental or other legal authorities. When legally necessary, we ask your permission before sharing NPI about you. Our practices apply to our former, current and future customers. Please be assured we do not share your health NPI to market any product or service. We also do not share any NPI to market non-financial products and services. For example, we do not sell your name to catalog companies. The law allows us to share NPI as described above (except health information) with affiliates to market financial products and services. The law does not allow you to restrict these disclosures. We may also share with companies that help us market our insurance products and services, such as vendors that provide mailing services to us. We may share with other financial institutions to jointly market financial products and services. When required by law, we ask your permission before we share NPI for marketing purposes. When other companies help us conduct business, we expect them to follow applicable privacy laws. We do not authorize them to use or share NPI except when necessary to conduct the work they are performing for us or to meet regulatory or other governmental requirements. Unum companies, including insurers and insurance service providers, may share NPI about you with each other. The NPI might not be directly related to our transaction or experience with you. It may include financial or other personal information such as employment history. Consistent with the Fair Credit Reporting Act, we ask your permission before sharing NPI that is not directly related to our transaction or experience with you. Safeguarding Information We have physical, electronic and procedural safeguards that protect the confidentiality and security of NPI. We give access only to employees who need to know the NPI to provide insurance products or services to you. GLB-2 (1/1/2012) Access to Information You may request access to certain NPI we collect to provide you with insurance products and services. You must make your request in writing and send it to the address below. The letter should include your full name, address, telephone number and policy number if we have issued a policy. If you request, we will send copies of the NPI to you. If the NPI includes health information, we may provide the health information to you through a health care provider you designate. We will also send you information related to disclosures. We may charge a reasonable fee to cover our copying costs. This section applies to NPI we collect to provide you with coverage. It does not apply to NPI we collect in anticipation of a claim or civil or criminal proceeding. Correction of Information If you believe NPI we have about you is incorrect, please write to us. Your letter should include your full name, address, telephone number and policy number if we have issued a policy. Your letter should also explain why you believe the NPI is inaccurate. If we agree with you, we will correct the NPI and notify you of the correction. We will also notify any person who may have received the incorrect NPI from us in the past two years if you ask us to contact that person. If we disagree with you, we will tell you we are not going to make the correction. We will give you the reason(s) for our refusal. We will also tell you that you may submit a statement to us. Your statement should include the NPI you believe is correct. It should also include the reason(s) why you disagree with our decision not to correct the NPI in our files. We will file your statement with the disputed NPI. We will include your statement any time we disclose the disputed NPI. We will also give the statement to any person designated by you if we may have disclosed the disputed NPI to that person in the past two years. Coverage Decisions If we decide not to issue coverage to you, we will provide you with the specific reason(s) for our decision. We will also tell you how to access and correct certain NPI. Contacting Us For additional information about Unum's commitment to privacy and to view a copy of our HIPAA Privacy Notice, please visit www.unum.com/privacy or www.coloniallife.com or write to: Privacy Officer, Unum, 2211 Congress Street, C467, Portland, Maine 04122. We reserve the right to modify this notice. We will provide you with a new notice if we make material changes to our privacy practices. Unum is providing this notice to you on behalf of the following insuring companies: Unum Life Insurance Company of America, First Unum Life Insurance Company, Provident Life and Accident Insurance Company, Provident Life and Casualty Insurance Company, Colonial Life & Accident Insurance Company, The Paul Revere Life Insurance Company and The Paul Revere Variable Annuity Insurance Company. Unum is a registered trademark and marketing brand of Unum Group and its insuring subsidiaries. MK-1883 (10-10) Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0817 Agenda Date: 8/18/2022 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.6 SUBJECT/RECOMMENDATION: Authorize a Guaranteed Maximum Price proposal to Certus Builders, Inc., of Bristol, FL for the construction of a new pier and dock at the Ross Norton Recreation Complex located at 1426 South Martin Luther King Jr. Avenue, in the amount of $231,194.70, which includes a 10% contingency, pursuant to RFQ 40-20, Construction Manager at Risk (CMAR) Services for Continuing Contracts and authorize the appropriate officials to execute same. (consent) SUMMARY: On September 17, 2020, Council approved the use of thirteen firms to serve as construction managers for the City under RFQ 40-20 and Certus Builders, Inc., was selected as one of the approved firms. The Ross Norton Recreation Complex is a 19.59-acre parcel that contains the Ross Norton Recreation and Aquatics Center, as well as a recreation trail adjacent to Lake Belleview. The complex has seen heavy use by the Lake Belleview Community, of which the surrounding neighborhood and residents have expressed interest to city staff for the construction of a new dock overlooking Lake Belleview, following the demolition of a previously existing dock in 2014. This proposal is for all work needed for the project, which includes the construction of structural and marine elements, decking, paneling, and handrails. The proposed dock will be located in the same location as it existed previously and will provide for compliance with accessibility standards of the Americans with Disabilities Act. This is a 120-day contract which will commence upon issuance of a Notice to Proceed. A Community Development Block Grant of $190,000.00 has been requested for this project utilizing CDBG-CV funds. Once approval is complete, a future budget amendment will be required to recognize these grant funds in the project. This is a reimbursement grant. Funding will be transferred upon project completion. APPROPRIATION CODE AND AMOUNT: Funds are available in capital improvement project M2206, Parks & Beautification R&R. A future amendment will increase the project budget by $190,000.00 to recognize the transfer of CDBG-CV funds allocated for this project. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 8/17/2022 Bond No.:__7901022604_ PUBLIC CONSTRUCTION BOND (1) This bond is given to comply with § 255.05, Florida Statutes, and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in subsections (2) and (10). Pursuant to § 255.05(1)(b), Florida Statutes, “Before commencing the work or before recommencing the work after a default or abandonment, the contractor shall provide to the public entity a certified copy of the recorded bond. Notwithstanding the terms of the contract or any other law governing prompt payment for construction services, the public entity may not make a payment to the contractor until the contractor has complied with this paragraph.” CONTRACTOR SURETY OWNER Certus Builders, Inc. PO Box 116 Bristol, FL 32321 (850) 558-5693 Nationwide Mutual Insurance Company One West Nationwide Blvd., 1-14 301 Columbus, OH 43215 (614) 249-7111 City of Clearwater Parks & Recreation Department 100 S. Myrtle Avenue Clearwater, FL 33756 (727) 562-4856 PROJECT NAME: Ross Norton Park Recreational Pier PROJECT NO.: PROJECT DESCRIPTION: construct new pier at the Ross Norton Park BY THIS BOND, We Certus Builders, Inc., as Contractor, and Nationwide Mutual Insurance Company, a corporation, as Surety, are bound to the City of Clearwater, Florida, herein called Owner, in the sum of $231,194.70, for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Contractor: 1. Performs the proposal dated [_______________], between Contractor and Owner for construction of a new pier at Ross Norton Park, the contract documents being made a part of this bond by reference (which include the Advertisement for Bids, Proposal, Contract, Surety Bond, Instructions to Bidders, General Conditions, Plans, Technical Specifications and Appendix, and such alterations as may be made in said Plans and Specifications as therein provided for), at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Contractor with labor, materials, or supplies, used directly or indirectly by Contractor in the prosecution of the work provided for in the contract; and 3. Pays Owner all losses, damages, expenses, costs, and attorney’s fees, including appellate proceedings, that Owner sustains because of a default by Contractor under the contract; and Bond No.:__7901022604_ PUBLIC CONSTRUCTION BOND (2) 4. To the limits of § 725.06(2), Florida Statutes, shall indemnify and hold harmless Owner, their officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of the construction contract; and 5. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. 6. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. 7. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety’s obligation under this bond, and Surety does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this __________ day of ________________, 2022_. (If sole Ownership or Partnership, two (2) Witnesses required). (If Corporation, Secretary only will attest and affix seal). Certus Builders, Inc. By: _____________________________ Title: ____________________________ Print Name: _______________________ WITNESS: WITNESS: _________________________________ _________________________________ Corporate Secretary or Witness Print Name: _______________________ Print Name: _______________________ (affix corporate seal) Nationwide Mutual Insurance Company By: _____________________________ ATTORNEY-IN-FACT Print Name: __Kevin Wojtowicz___ (affix corporate seal) (Power of Attorney must be attached) 8/1/2022 Ross Norton Park Recreational Pier Schedule of Values QTY UNIT UNIT $TOTAL 1. General Conditions a. Permits 1 LS NA b. Supervision 1 LS $14,878.00 14,878.00$ c. Tools, Equip, etc. 1 LS $5,592.00 5,592.00$ d. Survey Quantities 1 LS $1,250.00 1,250.00$ e. Owner Supplied Roll Off 1 LS $1,300.00 1,300.00$ f. Testing Services 1 LS NA g. Construction Layout 1 LS $550.00 550.00$ 2. Site Work a. PT Piling 1 LS $31,557.60 31,557.60$ b. Test Piles 1 EA NA c. Pile Monitor by Test Lab 1 LS NA d. Dust Control 1 LS $475.00 475.00$ e. Rip Rap 1 LS $3,750.00 3,750.00$ f. Sheet Piling 1 LS $0.00 -$ g. Excavation 1 LS $12,850.00 12,850.00$ h. Dewatering 1 LS $4,500.00 4,500.00$ i. Tree Barricades 1 LS $805.00 805.00$ j. Trim Trees 1 LS $250.00 250.00$ k. Turbidity Barriers 1 LS $2,700.00 2,700.00$ l. Root Pruning 1 LS By City 3. Concrete Work a. Concrete Ramp 1 LS $2,250.00 2,250.00$ b. Guard Rails 2 EA $2,250.00 4,500.00$ 4. Deck Framing a. 2X PT Wood Framing 1 LS $33,913.00 33,913.00$ b. HDG Bolts/SS Hangers 1 LS $7,500.00 7,500.00$ c. Wear Deck Decking 1 LS $31,106.10 31,106.10$ d. Wear Deck Cap Rails 1 LS $7,707.50 7,707.50$ e. SS Fasteners 1 LS $3,945.00 3,945.00$ f. Galv. Coated 2x2 Mesh 1 LS $6,340.80 6,340.80$ 5. Cleanup and Demob 1 LS $3,950.00 3,950.00$ Insurance 3,525.00$ P&P Bond 5,875.00$ CMAR Fees 19,107.00$ 6. Contingency (10%) 21,017.70$ 7. TOTAL CONSTRUCTION COST 231,194.70$ Clarifications Pile Drive Monitoring and Material Testing is Not included Proposal is based on Plans dated 5/24/22. Price is based on an August 2022 start of construction. We have included a P&P Bond Alternate 1 (Timber Ramp) is included in Marine Work Cost Staining and/or water repellant treatment of pressure treated lumber is Not included. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0806 Agenda Date: 8/18/2022 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 7.7 SUBJECT/RECOMMENDATION: Approve an Interlocal Agreement between the Clearwater Community Redevelopment Agency (CRA) and the City of Clearwater to provide CRA funding in Fiscal Year 2022-2023 in the amount of $226,703.04 to underwrite the cost of additional Community Policing services by the Clearwater Police Department in the Downtown Gateway District, Prospect Lake District, and the Downtown Core District, encompassed by the CRA to address quality of life issues, drug dealing, prostitution, and homelessness and authorize the appropriate officials execute same. (consent) SUMMARY: Quality of life issues, drug dealing, prostitution, and homelessness, all negatively impact the re-development plans. Additional community policing resources are needed to effectively address these issues above and beyond the level provided by routine road patrol functions. An allowable funding source of this active item is the use of CRA Tax Increment Financing (TIF) funds. Florida Statutes allows for the use of TIF funds for “community policing innovations” in the Community Redevelopment Areas. The CRA and Clearwater Police Department have reached an agreement on a proposed scope of services and terms as delineated in the Interlocal Agreement. Included in the scope is the delineation of specific, measurable crime reduction targets by which to monitor the success of the initiative as well as providing clear language required by statute assuring that the resources are applied to the CRA/Downtown Gateway area. APPROPRIATION CODE AND AMOUNT: Funding for this Interlocal Agreement will be from CRA Project Code R2001 Community Policing. Page 1 City of Clearwater Printed on 8/17/2022 7/26/2022-1:24 PM 1 Officer 1 Officer 2 Officers Base Salary 76,968.00 78,037.00 155,005.00 Pension 16,088.00 16,312.00 32,400.00 Social Security 1,048.00 1,121.00 2,169.00 Major Medical 14,615.00 11,373.00 25,988.00 Life Insurance 9.00 9.00 18.00 Workers Compensation 1,628.74 1,628.75 3,257.49 110,360.00 108,480.00 218,840.00 Fuel $7,863.04 TOTAL 226,703.04 Police Department - CRA Funded Officers For FY 2022/23 EXHIBIT "A" Position Enhancement Fact Sheet Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0799 Agenda Date: 8/18/2022 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.8 SUBJECT/RECOMMENDATION: Approve Change Order One to Biltmore Construction Co. Inc, of Clearwater, FL, in the amount of $629,493.00 for the fabrication and installation of Phase Two of the Downtown Wayfinding program (19-0016-EN), increasing the contract from $995,826.00 to $1,625,319.00, extend the contract through February 28, 2023, and authorize the appropriate officials to execute same. (consent) SUMMARY: The preparation and installation of a wayfinding program was identified as a strategy in the U.S. 19 Corridor Redevelopment Plan. In August 2015, the Planning and Development Department issued a Request for Qualifications for environmental graphic and design services to develop a wayfinding and signage master plan for the Corridor. On January 29, 2016, MERJE, a nationally recognized firm with extensive community wayfinding experience, was awarded a contract to develop such a plan. Key objectives of the plan were to: ·Strengthen the City’s brand identity ·Identify key destinations ·Help drivers better navigate and direct pedestrians, bicyclists and transit users in the area On May 20, 2021, Council approved a $995,826 contract with Biltmore Construction Company Inc, Construction Manager at Risk, to fabricate and install the first phase of the wayfinding program which focused heavily on the downtown core and CRA district. Phase One is nearing full completion. Phase Two of the program includes sixty-one sign locations in the Clearwater Beach area. Biltmore will coordinate and procure the required state and county permits for the next phase of the program. Traffic Operations will maintain the signage. APPROPRIATION CODE AND AMOUNT: 3157549-530300-92842 $629,493.00 Page 1 City of Clearwater Printed on 8/17/2022 REVISIONSCLIENT / PROJECTSHEET TITLEDATEPROJECT NO.DRAWN BY:SHEET NO.These drawings are meant for DESIGN INTENT ONLY and are not for construction. Contractor shall verify and be responsible for all dimensions and conditions of the job. Contractor shall be familiar with the site and conditions it presents. This office must be notified of any variations from the dimensions and conditions shown on this drawing. Shop drawings and details must be submitted to this office for approval prior to proceeding with fabrication. All copy shall be proofread by client and legal requirements checked by legal department.LH04/10/1708/16/1702/27/1803/28/1812/20/182SPECIFICATIONSClearwater, FLWayfinding and Signage System120 North Church StreetSuite 208West Chester, PA 19380T 484.266.0648www.merjedesign.comENVIRONMENTS & EXPERIENCESRefer to the Wayfinding and Signage System design intent documentation for sign type drawings, material call-outs and installation methods.Refer to the Wayfinding and Signage System message schedule for all sign type messages, location numbers, quantities, and specific location details.1. General sign locations are provided on these plan sheets.2. The Message Schedule provides more detailed guidance of sign location in the Remarks column.3. Refer to the Message Schedule for the final messages of each sign.4. Utilize the above Legend to help determine sign types, and other details of location. NOTES:City GatewaysBEACH.GATE.1Beach GatewayRetro-Fit ExistingDT.GATE.1Downtown GatewayRetro-Fit ExistingDT.GATE.2Downtown GatewayRetro-Fit ExistingDT.TRAIL.1Post & Panel TrailblazerDEST.1Destination ID1915DOWNTOWNDowntownClearwater DT.GATE.2aDowntown GatewayNew SignCOACHMANPARK9"Approx.22'-5"1'-8 1/2" REVISIONSCLIENT / PROJECTSHEET TITLEDATEPROJECT NO.DRAWN BY:SHEET NO.These drawings are meant for DESIGN INTENT ONLY and are not for construction. Contractor shall verify and be responsible for all dimensions and conditions of the job. Contractor shall be familiar with the site and conditions it presents. This office must be notified of any variations from the dimensions and conditions shown on this drawing. Shop drawings and details must be submitted to this office for approval prior to proceeding with fabrication. All copy shall be proofread by client and legal requirements checked by legal department.LH04/10/1708/16/1702/27/1803/28/1812/20/185SPECIFICATIONSClearwater, FLWayfinding and Signage System120 North Church StreetSuite 208West Chester, PA 19380T 484.266.0648www.merjedesign.comENVIRONMENTS & EXPERIENCESRefer to the Wayfinding and Signage System design intent documentation for sign type drawings, material call-outs and installation methods.Refer to the Wayfinding and Signage System message schedule for all sign type messages, location numbers, quantities, and specific location details.1. General sign locations are provided on these plan sheets.2. The Message Schedule provides more detailed guidance of sign location in the Remarks column.3. Refer to the Message Schedule for the final messages of each sign.4. Utilize the above Legend to help determine sign types, and other details of location. NOTES:Vehicular SignageVisitor CenterN BeachGarageBEACHUS-19 DistrictVehicular DirectionalDowntown DistrictVehicular DirectionalCity (Not in District)Vehicular DirectionalBeach DistrictVehicular DirectionalMcMullenTennis CmplxSt PetersburgCollegeBAYCapitolTheatreCoachmanParkDOWNTOWNiClearwaterCountry ClubJack RussellStadiumUS-19 DistrictZone ColorsSPORTSBAYSUNSET POINTCOUNTRYSIDECENTRAL REVISIONSCLIENT / PROJECTSHEET TITLEDATEPROJECT NO.DRAWN BY:SHEET NO.These drawings are meant for DESIGN INTENT ONLY and are not for construction. Contractor shall verify and be responsible for all dimensions and conditions of the job. Contractor shall be familiar with the site and conditions it presents. This office must be notified of any variations from the dimensions and conditions shown on this drawing. Shop drawings and details must be submitted to this office for approval prior to proceeding with fabrication. All copy shall be proofread by client and legal requirements checked by legal department.LH04/10/1708/16/1702/27/1803/28/1812/20/186SPECIFICATIONSClearwater, FLWayfinding and Signage System120 North Church StreetSuite 208West Chester, PA 19380T 484.266.0648www.merjedesign.comENVIRONMENTS & EXPERIENCESRefer to the Wayfinding and Signage System design intent documentation for sign type drawings, material call-outs and installation methods.Refer to the Wayfinding and Signage System message schedule for all sign type messages, location numbers, quantities, and specific location details.1. General sign locations are provided on these plan sheets.2. The Message Schedule provides more detailed guidance of sign location in the Remarks column.3. Refer to the Message Schedule for the final messages of each sign.4. Utilize the above Legend to help determine sign types, and other details of location. NOTES:Parking SignagePARK.2Parking Lot IDPARK.3Parking Lot IDPARK.4Parking Garage IDLettersPARK.5Exit / Enter SIgnsPARK.6Parking Garage IDFlag MountedPUBLIC PARKINGOak Ave LotPinellas CountyCourthouseENTEREXITPARKExisting Conditions Existing ConditionsPARK.1Parking TrailblazerPARK.1aParking TrailblazerPARK.1bParking TrailblazerPARK.1cParking TrailblazerOpen to PublicWeeknights& WeekendsN BeachGaragePUBLICPARKINGFamily Aquatic& Rec Center REVISIONSCLIENT / PROJECTSHEET TITLEDATEPROJECT NO.DRAWN BY:SHEET NO.These drawings are meant for DESIGN INTENT ONLY and are not for construction. Contractor shall verify and be responsible for all dimensions and conditions of the job. Contractor shall be familiar with the site and conditions it presents. This office must be notified of any variations from the dimensions and conditions shown on this drawing. Shop drawings and details must be submitted to this office for approval prior to proceeding with fabrication. All copy shall be proofread by client and legal requirements checked by legal department.LH04/10/1708/16/1702/27/1803/28/1812/20/188SPECIFICATIONSClearwater, FLWayfinding and Signage System120 North Church StreetSuite 208West Chester, PA 19380T 484.266.0648www.merjedesign.comENVIRONMENTS & EXPERIENCESRefer to the Wayfinding and Signage System design intent documentation for sign type drawings, material call-outs and installation methods.Refer to the Wayfinding and Signage System message schedule for all sign type messages, location numbers, quantities, and specific location details.1. General sign locations are provided on these plan sheets.2. The Message Schedule provides more detailed guidance of sign location in the Remarks column.3. Refer to the Message Schedule for the final messages of each sign.4. Utilize the above Legend to help determine sign types, and other details of location. NOTES:Pedestrian SignsBeachPEDESTRIANCROSSINGNorth BeachMandalay AvePier 60MANDA L A Y C H A N N E L GULF OF MEXICONorthBeachGarage Rockaway St Lot Pier 60 LotMarina Parking LotSouthGulfviewLotDevon Dr1st St 3rd St 5th St2nd St E Shore DrPapaya StBaymont StRockaway S t Bay Esplanade Kendall St Poinsettia AveCypress Ave Poinsettia Ave MANDALAY AVE Brightwater D r Bayside Dr S Hamden DrCORONADO DR Bayway BlvdD CAUSEWAY BLVD US-60 SGULFVIEWBLVD BEACH WALKPIER 60172910 11 46 P P PPPPPPPP P PMandalayPark Beach Ma r i n aFerry StopPEDESTRIANUNDERPASS Island EstatesFerry StopNorth BeachFerry Stop Pier 60 Park McKayPark BeachShopping & DiningBEACHiTop ViewStamped Concrete BaseMap PanelPerforated Metal Sun RoofPDIR.1Pedestrian DirectionalPDIR.2Pedestrian DirectionalExisting PolePDIR.3Pedestrian DirectionalExisting PolePDIR.4Pedestrian DirectionalBANNER.1District BannersKIOSK.2Pedestrian KioskKIOSK.2aPedestrian KioskKIOSK.3Pedestrian KioskWall MountKIOSK.1Large Pedestrian KioskSide Views6BEACH WALK BEACH ACCESSSwim Near Guarded TowersSee Towers for Guarded HoursProhibitedOBEY LIFEGUARDS SWIM WITHIN MARKERS SWIM NEAR LIFEGUARDS See clear w a t e r c o d e o f o r d i n a n c e s e c t i o n 2 2 f o r a l l r u l e s a n d r e g u l a t i o n s . Special event activity on public beach required special event permit. Please contact 727-562-4800 or www.myclearwater.com for more information. No disturbing any wildlife, vegetation or natural resourcesBEACHPDIR.5Beach RulesPEDESTRIANCROSSINGNorth BeachMandalay AvePier 60INFORMATIONi CLEA MANDALAY C H A N N E L LF OF M E X I C O NorthBeachGarage Rockaway St LotPier 60 Lot Marina Parking LotSouthGulfviewLotDevon Dr1st St3rd St 5th St2nd StE Shore DrPapaya StBaymont StRockaway StBay Esplanade Kendall StPoinsettia AveCypress Ave Poinsettia Ave MANDALAY AVE Brightwater D r Bayside Dr S Hamden DrCORONADO DR Bayway BlvdDolphin Po CAUSEWAY BLVD US-60 CLEARWAT SGULFVIEWBLVD BEACH WALK PIER 60 1 7 29 101145 6 P P P PPP PPPP PP MandalayPark Beach Mar i n aFerry StopPEDESTRIANUNDERPASSIsland EstatesFerry Stop North BeachFerry Stop Pier 60 ParkMcKayParkBEACH CLEAMANDAL A Y C H A N N E L LF OF MEX I C O NorthBeachGarage Rockaway St Lot Pier 60 Lot Marina Parking Lot SouthGulfviewLot Devon Dr 1st St3rd St 5th St2nd St E Shore Dr Papaya StBaymont StRockaway StBay Esplanade Kendall St PoinsettiaAveCypress Ave Poinsettia Ave MANDALAY AVEBrightwater DrBayside D r S Hamden DrCORONADO DR Bayway BlvdDolphin Po CAUSEWAY BLVD US-60 CLEARWAT SGULFVIEWBLVD BEACH WALKPIER 6017 29 1011456P P PPPP PPPP PPMandalayPark Beach MarinaFerry StopPEDESTRIANUNDERPASS Island EstatesFerry Stop North BeachFerry Stop Pier 60 ParkMcKayPark CLEAMANDA L A Y C H A N N E L LF OF ME X I C O NorthBeachGarage Rockaway St Lot Pier 60 Lot Marina Parking Lot SouthGulfviewLotDevon Dr1st St3rd St 5th St2nd St E Shore Dr Papaya StBaymont StRockaway StBay Esplanade Kendall St PoinsettiaAveCypress Ave Poinsettia AveMANDALAY AVE Brightwater D r Bayside Dr S Hamden DrCORONADO DRBayway BlvdDolphin Po CAUSEWAY BLVD US-60 CLEARWAT SGULFVIEWBLVD BEACH WALK PIER 6017 29 1011456P P PPPP PPPP PPMandalayPark Beach MarinaFerry StopPEDESTRIANUNDERPASS Island Esta t e sFerry Stop North BeachFerry Stop Pier 60 ParkMcKayPark BEACH BEACHBEACHDestinationDestinationDestinationDestinationDestinationParking GarageBEACHDestinationDestinationDestinationDestinationDestinationParking GarageBEACHDestinationDestinationDestinationParking GarageDestinationDestinationDestinationDestinationParking GaragePedestrian CrossingBEACHExperienceCLEARWATER BEACH REVISIONSCLIENT / PROJECTSHEET TITLEDATEPROJECT NO.DRAWN BY:SHEET NO.These drawings are meant for DESIGN INTENT ONLY and are not for construction. Contractor shall verify and be responsible for all dimensions and conditions of the job. Contractor shall be familiar with the site and conditions it presents. This office must be notified of any variations from the dimensions and conditions shown on this drawing. Shop drawings and details must be submitted to this office for approval prior to proceeding with fabrication. All copy shall be proofread by client and legal requirements checked by legal department.LH04/10/1708/16/1702/27/1803/28/1812/20/18SPECIFICATIONSClearwater, FLWayfinding and Signage System120 North Church StreetSuite 208West Chester, PA 19380T 484.266.0648www.merjedesign.comENVIRONMENTS & EXPERIENCESRefer to the Wayfinding and Signage System design intent documentation for sign type drawings, material call-outs and installation methods.Refer to the Wayfinding and Signage System message schedule for all sign type messages, location numbers, quantities, and specific location details.1. General sign locations are provided on these plan sheets.2. The Message Schedule provides more detailed guidance of sign location in the Remarks column.3. Refer to the Message Schedule for the final messages of each sign.4. Utilize the above Legend to help determine sign types, and other details of location. NOTES:100001Vehicular DirectionalGateways200Destination Identification300Parking Signage400Pedestrain Directional Signage500Pedestrian KiosksPedestrian Sign - New PolePedestrian Sign - Existing PoleSIGNAGE LEGENDABABState RoadsConuty RoadsKEYBeach - VehicularSign Location PlansNorth BeachParking GarageP457 Mandalay LotP429 Mandalay LotPFamily Aquatic & Rec Center LotPRockaway St LotP6 Avalon StPPPrivate GarageOpen to PublicPPrivate GarageOpen to PublicPS Gulfview LotPPier 60 LotPPPMarina Parking LotPSand Key LotPPier 60Sand Key ParkMarine AquariumBeach Library & Recreation CenterCommunity Sailing CenterPier 60 Visitor Center(Ped Only)Municipal Marina*Bus TerminalPapaya St PlazaVisitor Center(Pedestrian Only)Visitor CenterMcKay ParkP106104356357358359363363a363b364360361361a361b375362350108110113113a112a112111109102351351a800353354355352RRRRRRremove parkingmtrailblazers105103103a100101010114116115SL.1SL.2SL.3 REVISIONSCLIENT / PROJECTSHEET TITLEDATEPROJECT NO.DRAWN BY:SHEET NO.These drawings are meant for DESIGN INTENT ONLY and are not for construction. Contractor shall verify and be responsible for all dimensions and conditions of the job. Contractor shall be familiar with the site and conditions it presents. This office must be notified of any variations from the dimensions and conditions shown on this drawing. Shop drawings and details must be submitted to this office for approval prior to proceeding with fabrication. All copy shall be proofread by client and legal requirements checked by legal department.LH04/10/1708/16/1702/27/1803/28/1812/20/18SPECIFICATIONSClearwater, FLWayfinding and Signage System120 North Church StreetSuite 208West Chester, PA 19380T 484.266.0648www.merjedesign.comENVIRONMENTS & EXPERIENCESRefer to the Wayfinding and Signage System design intent documentation for sign type drawings, material call-outs and installation methods.Refer to the Wayfinding and Signage System message schedule for all sign type messages, location numbers, quantities, and specific location details.1. General sign locations are provided on these plan sheets.2. The Message Schedule provides more detailed guidance of sign location in the Remarks column.3. Refer to the Message Schedule for the final messages of each sign.4. Utilize the above Legend to help determine sign types, and other details of location. NOTES:100001Vehicular DirectionalGateways200Destination Identification300Parking Signage400Pedestrain Directional Signage500Pedestrian KiosksPedestrian Sign - New PolePedestrian Sign - Existing PoleSIGNAGE LEGENDABABState RoadsConuty RoadsBeach - PedestrianSign Location PlansKEYPier 60Beach Library & Recreation ComplexPier 60 Visitor CenterMunicipal Marina*Bus TerminalVisitor Center(Surf Style)Visitor CenterPapaya St PlazaNorth BeachParking GarageP457 Mandalay LotP429 Mandalay LotPFamily Aquatic & Rec Center LotPRockaway St LotPPrivate GarageOpen to PublicPPrivate GarageOpen to PublicP409AB404AB405AB406c406b402cAB407dAB402b400403a 403b 422 423 402AB401AB 403 AB 407 AB 407CAB406AB407aAB406a407b501AB503ABS Gulfview LotPPier 60 LotPParking LotPParking LotPMarina Parking LotP504AB506A506aA505AB*New Ped Crossing500AB502ABABRRRRRSL.4SL.5SL.6 Change Order One DATE: July 27, 2022 PROJECT: PROJECT NUMBER:19-0016-EN Downtown Wayfinding - Phase 2 PO REFERENCE: 21000825 CONTRACTOR: COUNCIL AWARD:May 20, 2021 Biltmore Construction Co., Inc.DATE OF CONTRACT:May 24, 2021 1055 Ponce De Leon Blvd Clearwater, FL 33756 CODE:3157549-530300-92842 SCOPE: This Change Order Accepts Revisions to the Contract STATEMENT OF CONTRACT AMOUNT ACCEPTED BY: Biltmore Construction Co., Inc. ORIGINAL CONTRACT AMOUNT 995,826.00$ 629,493.00$ By: (SEAL)NEW CONTRACT AMOUNT 1,625,319.00$ President Date: APPROVED AS TO FORM: Witnesses: Owen Kohler,Assistant City Attorney ATTEST: Recommended By: Rosemarie Call, City Clerk City of Clearwater Date: CITY OF CLEARWATER, in Catherine Corcoran, Project Manager PINELLAS COUNTY, FLORIDA Jon P. Jennings, City Manager Tara Kivett, PE,City Engineer Change Order One Downtown Wayfinding - Phase 2 ITEM DESCRIPTION UNIT QTY UNIT COST TOTAL COST Additions: 13 FDOT Permit Allowance - Phase 2 LS 1 5,000.00$ 5,000.00$ 14 Sodding & Landscape Allowance - Phase 2 LS 1 4,500.00$ 4,500.00$ 15 Sign Fabrication & Installation - Phase 2 LS 1 494,647.00$ 494,647.00$ 16 Electrical Allowance - Phase 2 LS 1 5,000.00$ 5,000.00$ 17 CM Contingency (3% of $593,861) - Phase 2 LS 1 15,274.00$ 15,274.00$ 18 General Conditions, Supervision, Insurance Bond - Ph 2 LS 1 69,440.00$ 69,440.00$ 19 Pre-construction Phase Fee LS 1 -$ -$ 20 OH&P (6% of $593,861.00)LS 1 35,632.00$ 35,632.00$ Total Additions:629,493.00$ Add items to account for work required to complete Phase 2 of the Wayfinding program. This is the final phase of the program as designed. Change Order 2 - City Council 08/18/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0803 Agenda Date: 8/18/2022 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.9 SUBJECT/RECOMMENDATION: Approve a Contract for Purchase of Real Property by the Community Redevelopment Agency of the City of Clearwater, Florida (CRA) between the CRA and Peace Memorial Presbyterian Church of Clearwater, Florida, Inc., (Contract) for purposes of the City of Clearwater (City) joining in on the Contract to the extent expressly provided for therein, or as may be delegated by the CRA from time to time and authorize the appropriate officials to execute same. (consent) SUMMARY: This is a companion item to the CRA Meeting Agenda Item on Monday, August 15, 2022, addressing the Purchase Agreement between the CRA and Peace Memorial Presbyterian Church of Clearwater, Florida, Inc. The CRA has contracted with Peace Memorial Presbyterian Church of Clearwater, Florida, Inc. (Seller) to purchase real property located at 107 S. Osceola Avenue, Clearwater, Florida (Property). As a condition to closing, the Seller has requested that the City vacate the alleyway located between the Property and the Seller’s adjacent property situated at 110 S. Ft. Harrison Avenue. Additionally, the Contract provides for benefits and obligations which may be enjoyed or carried out by the CRA and/or the City as expressly provided for in the Contract or as may be delegated by the CRA from time to time. Further, certain covenants, restrictions and easements are provided for in the Contract and will be memorialized in a Covenants, Restrictions, and Grant of Easements agreement (CREA) that must be executed and entered into as a condition to the closing of the transaction. Specifically, Sections 37 and 38 and Exhibit “C” of the Contract provide that the City agrees to cooperate in good faith with the Seller in its vacation request, and that it will cooperate and support the CRA in meeting the obligations and enjoying the benefits of the provisions provided for in the Contract. The City makes no guarantees or representations as to the outcome of the regulatory process required for the requested vacation. Typical requirements of the vacation process will apply, including but not limited to, the reservation and/or grant of easements for utilities. The Seller has agreed to the terms of the Contract prior to presentation to Council and the CRA. Should the City and the CRA approve the Contract, each via its applicable process, each will execute the Contract accordingly. If approved by the CRA and the City, the Seller will present for formal approval by its governing body. If approved by Seller’s governing body, the Seller will execute and deliver a fully executed copy of the Contract to the City and the CRA. Page 1 City of Clearwater Printed on 8/17/2022 Appraisal Report Peace Memorial Tract 107 S Osceola Ave Clearwater, Pinellas County, Florida Prepared For: Ms. Suzanne Kramer City of Clearwater 100 S. Myrtle Ave Clearwater, FL, 33756 Prepared By: Entreken Associates, Inc. 1100 16th Street North Saint Petersburg, Florida 33705 EAI File #: 20220174 May 13, 2022 Ms. Suzanne Kramer City of Clearwater 100 S. Myrtle Ave Clearwater, FL 33756 Re: Appraisal Report 107 S Osceola Ave Clearwater, FL, 33756 Dear Ms. Kramer: As requested, Entreken Associates, Inc. has prepared an Appraisal Report of the above-referenced property for the purpose of estimating the value of the Fee Simple interest of the properties, as is, as of the effective date of value. The subject property is located at the northeast corner of S Osceola Ave and Pierce St. The subject property is a 0.83 acre site or 36,000+/- square foot parcel of land. The site is improved with a two-story, 15,556 square foot, that is scheduled to be demolished. The subject property is identified by the Pinellas County Property Appraiser as Parcel Number(s) 16-29-15-20358-002-0110. The subject property is more fully described in the body of this report. To the best of our knowledge and belief, our analyses, opinions, and conclusions were developed, and this report has been prepared in conformance with the standards and reporting requirements set forth in the Uniform Standards of Professional Appraisal Practice (USPAP), as promulgated by the Appraisal Standards Board of the Appraisal Foundation; the FDIC Market Value Definition; the Appraisal Institute's Code of Ethics and Standards of Professional Practice; Title XI of the Federal Financial Institution Reform, Recovery, and Enforcement Act of 1989 (FIRREA), the Interagency Appraisal and Evaluation Guidelines; as well as our understanding of the appraisal guidelines of the City of Clearwater. The client of this report is the City of Clearwater. The intended user of this report is the City of Clearwater The intended use of this report is To determine the as-is fee simple market value of the subject property for internal use. No other use or users are intended or authorized by Entreken Associates, Inc. The scope of this assignment is restricted to the specific identified intended use and user noted above. Under no circumstances, shall any of the following parties be entitled to use or rely on the appraisal or this appraisal report: (i) the borrower(s) on any loans or financing relating to or secured by the subject property, (ii) any guarantor(s) of such loans or financing, or (iii) principals, shareholders, investors, members or partners of such borrower(s) or guarantor(s). This letter is not an appraisal report, hence, it must not be removed from the attached appraisal report. If this letter is disjoined from the attached appraisal, then the value opinions set forth in this letter are invalid and the analyses, opinions, and conclusions developed herein cannot be properly understood. We certify that we have no present or contemplated future interest in the property beyond this estimate of value. The appraiser has not performed any services regarding the subject within the three-year period immediately preceding acceptance of this assignment. Your attention is directed to the Limiting Conditions and Assumptions section of this report. Acceptance of this report constitutes an agreement with these conditions and assumptions. In particular, we note the following: Hypothetical Conditions There are no hypothetical conditions for this appraisal. Extraordinary Assumptions There are no Extraordinary Assumptions for this appraisal. Based on the appraisal described in the accompanying report, subject to the Assumptions and Limiting Conditions, Extraordinary Assumptions and Hypothetical Conditions (if any), we have made the following value conclusions: We have also concluded to the following market values as part of the analysis: Premise Interest Appraised Effective Date Value Conclusion Estimated Marketing Current As Is Market Value Fee Simple 4/20/2022 $1,620,000 5-6 Months Value Conclusions It has been a pleasure to assist you in this assignment. If you have any questions concerning the analyses, or if Entreken Associates, Inc. can be of additional service, please contact us. Respectfully submitted, Entreken Associates, Inc. Angelo Lallis Senior Real Estate Analyst State-Certified General Real Estate Appraiser RZ4211 alallis@eai-rea.com 727.256.8040 Tampa Bay Office 1100 16th St N, St. Petersburg, FL 33705 http://entrekenassociates.com Florida Keys Office 2409 N Roosevelt Blvd, Ste. 1, Key West, FL 33040 Ph. (305) 767-3410 https://floridakeysappraisals.com Wesley R. Sanders, MAI, AI-GRS, CCIM Senior Managing Director State-Certified General Real Estate Appraiser RZ2911 wsanders@eai-rea.com 727.256.8025 Tampa Bay Office 1100 16th St N, St. Petersburg, FL 33705 http://entrekenassociates.com Florida Keys Office 2409 N Roosevelt Blvd, Ste. 1, Key West, FL 33040 Ph. (305) 767-3410 https://floridakeysappraisals.com Page 1 Table of Contents Summary of Salient Facts and Conclusions ............................................................................................................. 2Scope of Work .............................................................................................................................................................. 3General .......................................................................................................................................................................... 7Site Analysis Summary ............................................................................................................................................... 8Improvements Analysis Summary ............................................................................................................................ 12Highest and Best Use ................................................................................................................................................ 13Sales Comparison Approach – Vacant Site ............................................................................................................. 14Final Reconciliation ................................................................................................................................................... 19Certification Statement .............................................................................................................................................. 20Basic Assumptions and Limiting Conditions .......................................................................................................... 21Addenda ...................................................................................................................................................................... 24Regional Analysis ...................................................................................................................................................... 25Neighborhood Analysis ............................................................................................................................................. 34Office Market Analysis ............................................................................................................................................... 41Legal Description ....................................................................................................................................................... 45Subject Photographs ................................................................................................................................................. 47Land Sale Comparables ............................................................................................................................................ 52Qualifications ............................................................................................................................................................. 59 Page 2 Summary of Salient Facts and Conclusions Report Date 5/13/2022 Inspection Date 4/20/2022 As Is Date of Value 4/20/2022 Report Dates Property Major Type N1DBProperty_Major_TypeLand Address N1DBAddress107 S Osceola Ave City N1DBCityClearwater County N1DBCountyPinellas State N1DBStateFL Zip N1DBZip33756 Tax ID N1DBTax_ID16-29-15-20358-002-0110 Owner N1DBOwnerPeace Memorial Presbyterian Church Land SF N1DBLand_SF36,000 Acres N1DBAcres0.83 Zoning N1DBZoningD Subject Summary Highest and Best Use as Vacant Commercial or Multifamily Development Highest and Best Use Extraordinary Assumptions There are no Extraordinary Assumptions for this appraisal. Hypothetical Conditions There are no hypothetical conditions for this appraisal. Projected Exposure and Marketing Time Exposure time is estimated at 5-6 Months for the subject property. Marketing time is estimated at 5-6 Months for the subject. Value Premise Date of Value 4/20/2022 Value Type Market Value Value Perspective Current Interest Appraised Fee Simple Land Analysis $1,620,000 Summary of Values Page 3 Scope of Work According to the Uniform Standards of Professional Appraisal Practice, it is the appraiser’s responsibility to develop and report a scope of work that results in credible results that are appropriate for the appraisal problem and intended user(s). Therefore, the appraiser must identify and consider: ● the client and intended users; ● the intended use of the report; ● the type and definition of value; ● the effective date of value; ● assignment conditions; ● typical client expectations; and ● typical appraisal work by peers for similar assignments. Intended Use To determine the as-is fee simple market value of the subject property for internal use Intended Users City of Clearwater Intended Use and Users No other use is intended or authorized by Entreken Associates, Inc. The scope of this assignment is restricted to the specific identified intended use and user noted above. Under no circumstances, shall any of the following parties be entitled to use or rely on the appraisal or this appraisal report: (i) the borrower(s) on any loans or financing relating to or secured by the subject property, (ii) any guarantor(s) of such loans or financing, or (iii) principals, shareholders, investors, members or partners of such borrower(s) or guarantor(s). Scope Problem To estimate the as-is fee simple market value of the subject property as if vacant. No demolition costs were deducted based on the scope of work from the client. Appraisal Report Based on the intended users understanding of the subject's physical, economic and legal characteristics, and the intended use of this appraisal, an appraisal report format was used. This is an Appraisal Report as defined by Uniform Standards of Professional Appraisal Practice under Standards Rule 2-2(a). This format provides a summary or description of the appraisal process, subject and market data and valuation analyses. Page 4 Report FormatAlthough the current USPAP does not discern between appraisal report formatting, Entreken Associates, Inc., has adapted the following descriptions and comparisons to previous editions of USPAP. Entreken Associates, Inc. Report format descriptions: Comprehensive Format - Similar to the former Self-Contained Appraisal Report requirements and provides the greatest depth and detail of analysis in an appraisal. Summary Format - Similar to the former Summary Appraisal Report requirements and provides a summary of the analysis, property type overviews, and area analysis. Abbreviated Summary Format - Meets the minimum requirements of the former Summary Appraisal Report and provides a brief summary of data and analysis, as well as summary overviews. Concise Format: Meets the minimum requirements of USPAP for an Appraisal Report and provides a concise summary of data and analysis. This format also resembles a form report for some sections and has minimal overviews. The current USPAP Restricted Appraisal Report is equivalent to the former Restricted-Use Appraisal Report and states the valuation conclusions. This analysis was prepared in a Summary Format. Additional supporting documentation is retained in our workfile. The significant elements of scope included the following: Inspection of the subject property. Collection, verification, and analysis of market data through searches of our in-house sales database, and multiple subscription-based sales databases. It is our opinion that the scope of research and analysis associated with this Appraisal Report is adequate to produce a credible value conclusion that will serve the needs of the client. Market Area and Analysis of Market Conditions A complete analysis of market conditions has been made. We maintain and have access to comprehensive databases for this market area and have reviewed the market for sales and listings relevant to this analysis. The market overview is retained in our files and database. The global outbreak of a “novel coronavirus” known as COVID-19 was officially declared a pandemic by the World Health Organization (WHO). The reader is cautioned, and reminded that the conclusions presented in this appraisal report apply only as of the effective date(s) indicated. The appraiser makes no representation as to the effect on the subject property of any unforeseen event, subsequent to the effective date of the appraisal. Highest and Best Use A highest and best use analysis for the subject has been conducted. Physically possible, legally permissible and financially feasible uses were considered, and the maximally productive use was concluded. Property Identification The subject has been identified by the legal description and the assessors' parcel number. Property Rights Appraised We have appraised the Fee Simple property rights. Subject Inspection An exterior inspection of the subject property has been made, and photographs taken. Role Name Inspected Extent Date of Inspection Appraiser Angelo Lallis has Exterior 4/20/2022 Reviewer Wesley R. Sanders, MAI, AI-GRS, CCIM has not N/A N/A Property Inspection and Report Compilation Assistance Use of Real Estate as of Effective Date of Value As of the as is effective date of the appraisal, the subject was a Church property that is scheduled for demolition. Page 5 Appraisal Process Typically, the cost, sales comparison, and income approaches are used in determining the value of a property. The indicated value developed by these various approaches is weighed by the Appraiser based on the reliability of market data in determining the final value estimate. Income Capitalization Approach The income approach measures the present worth of anticipated future benefits (net income) derived from a property. The approach develops the subject property's estimated net income during the remaining economic life of the improvements. It consists of estimated vacancy, gross income, expenses and other charges. The net income is capitalized to arrive at an indication of value. In the case of multi-tenanted properties, or where a property is not fully leased, a discounted cash flow (DCF) analysis may also be appropriate. Sales Comparison Approach The sales comparison approach produces a value estimate by comparing the subject property to recent sales of similar properties in the same or competing market areas. Inherent in this approach is the principle of substitution. The comparative process involves judgment as to the similarity of the subject and the comparable sale with respect value factors such as the time of sale, land size, building size and quality of construction. The estimated value through this approach represents the probable price at which the subject property would be sold as of the date of value. Cost Approach The cost approach considers the current cost of reproducing a property, less depreciation. The value of the land, as if vacant and available for development, is added to the depreciated cost in arriving at a value conclusion by the cost approach. This approach is based on the assumption that a purchaser is not warranted in paying more for a property than the cost of the land and duplicating the improvements. Applicable Appraisal Methods x Methods Utilized the scope of this assignment is to value the subject as vacant land since the improvements are scheduled to be demolished and since buyers do not typically rely on this method for properties similar to the subject. there is adequate data to develop a value estimate and this approach reflects market behavior for this property type. the subject is not an income producing propertyand this approach does not reflect market behavior for this property type. Income Approach Sales Comparison Approach Cost Approach Conformity We developed our analyses, opinions and conclusions and prepared this report in conformity with the Uniform Standards of Professional Appraisal Practice (USPAP) of the Appraisal Foundation; the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute; the Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA); and the requirements of our client as we understand them. Page 6 Sources of Information We obtained information from public records, the client, property contact, and a variety of sources as noted throughout the report. Category Sources Market Data Third Party Subscription Sources and Inhouse Research Ownership & Transaction History Pinellas County Public Records Assessment & Tax Data Pinellas County Public Records Site Data Pinellas County Public Records Zoning Data City of Clearwater Public Records Improved Data Pinellas County Public Records Data Sources Page 7 General Property Identification The subject property is a 0.83 acre site or 36,000 square foot parcel of land. The site is improved with a two-story, 15,556 square foot, that is scheduled to be demolished. The subject property is located at 107 S Osceola Ave within Clearwater, Pinellas County, Florida. The subject property is identified by the Pinellas County Property Appraiser as Parcel Number(s) 16-29-15-20358-002-0110. Legal Description: Abbreviated as:Multiple Lots, John R. Davey, Et Al's Resubdivision of the Earll, Mumford, Ross and Starr's Subdivision of Clearwater, according to the map or plat thereof as recorded in Plat Book '0-2', Page 107, Public Records of Pinellas County, Florida The full legal description is in the Addenda of this report. Inspection Date:April 20, 2022 Date of Report:May 13, 2022 Ownership History:The subject property was taken in Fee Simple Deed in May of 1964. We are not aware of any other transactions that have involved the subject property in the past three years. Personal Property/ Non-Realty Items: None, personal property owned by the occupant. Real Estate Taxes:Assessing Authority: Pinellas County Assessment Year: 2021 The subject property is owned by Peace Memorial Presbyterian Church and is tax exempt. The 2021 assessment is summarized in the table below. The total assessment was $904,573. The taxes concluded were calculated at $19,260 using the 2021 millage rates and assessed values. This assessment seems to be in line with the assessments of similar properties in the area. There were no past due taxes owed as of the inspection date. The following table presents the current real estate taxes, including non-ad valorem assessments and any cap adjustments applied to the subject property. Current Real Estate Assessment and Taxes School District All Other Total 16-29-15-20358-002-0110 $904,573 $904,573 Total Assessed Value $904,573 $904,573 Less: Total Cap Adjustment $0 $0 Total Taxable Value $904,573 $904,573 Millage Rate 6.32500 14.96660 21.29160 Assessment Per $1,000 $1,000 Total Ad Valorem Taxes $5,721 $13,538 $19,260 Total Non-Ad Valorem Taxes $0 Total Real Estate Taxes $19,260 Page 8 Site Analysis Summary Location: The subject is located at the northeast corner of S Osceola Ave and Pierce St in Downtown Clearwater. This location is average for an office and retail use. Aerial Map Plat Map Page 9 Parcel ID 16-29-15-20358-002-0110 Location at the northeast corner of S Osceola Ave and Pierce St Map Latitude 27.96432 Map Longitude -82.80089 Site Analysis & Comments The site has average and typical utility. Site Summary Gross Land Area (Sq Ft)36,000 Gross Land Area (Acres)0.83 Usable Land Area (Sq Ft)36,000 Usable Land Area (Acres)0.83 Site Size Attributes Hazardous Material No hazardous materials were observed on the subject site. However, we are not experts in the matters of the presence or effects of hazardous materials; therefore, we assume hazardous material is not present on the site. Primary Frontage Street Name S Osceola Ave Secondary Frontage Street Name Pierce St Frontage - Primary Street (Feet)225 Frontage - Secondary Street (Feet)160 Average Depth (Feet)160 View Average Access Average Site Visibility Average Street Lighting Yes Sidewalks Yes Curb and Gutter Yes Topography Gently sloping Shape The site is rectangular. Soil Conditions Adequate for development Site Characteristics Adequacy of Utilities The subject's utilities are typical and adequate for the market area. Public Electricity The site is served by public electricity Water Supply Type City water Sewer Type City sewer Site Utilities Site Improvements The subject has mature landscaping, paved parking areas, concrete sidewalks and streetlights. FEMA Map #12103C0108J FEMA Map Date 8/24/2021 Flood Zone X Flood Zone Comments The subject improvements do not appear to be in a flood prone area. The Zone X classification is in an area located outside the 100-year designated flood hazard area. Encumbrance / Easement Description There no known adverse encumbrances or easements. Please reference Limiting Conditions and Assumptions. Environmental Issues There are no known adverse environmental conditions on the subject site. Please reference Limiting Conditions and Assumptions. Site Hazards Site CommentsThe site has average and typical utility. Page 10 Flood Map Page 11 Zoning 1 Zoning Authority City of Clearwater Zoning Code D Zoning Type/Description Downtown Gateway Character District Current Use Permitted Yes Current Use Legally Conforming Yes Zoning Intent/Summary Downtown Gateway Character District is intended for moderate intensity residential and mixed-use development in buildings with street facing entries opening onto pedestrian friendly streetscapes. Buildings are designed with facades aligned along streets, modest setbacks, and parking primarily located behind buildings. The area is intended to create transition between higher density mixed-use areas to the west like Prospect Lake Character District and lower to medium intensityresidential areas outside of Downtown to the east and northeast. Future Land Use CBD Future Land Use Description Central Business District Zoning Consistent with FLU Yes Development Standards Max FAR 0.55 Front Set Back Distance 5' Side Yard Distance 5' Back Yard Distance 10' Maximum Building Height 55' Zoning Parking Requirements Places of worship: 1 space per 2 seats Site Conforms to current standards Yes Zoning Data Source Public Records Zoning Comments The subject property has 54 parking spaces. Zoning Summary Zoning Map Page 12 Improvements Analysis Summary Property Description The subject property is a 0.83 acre site or 36,000 square foot parcel of land. The site is improved with a two-story, 15,556 square foot, that is scheduled to be demolished. No demolition costs are included and the scope of the assignment is to value the subject, as vacant. Page 13 Highest and Best Use Highest and best use may be defined as the reasonably probable and legal use of vacant land or improved property, which is physically possible, appropriately supported, financially feasible, and that results in the highest value. 1. Legally Permissible: What uses are permitted by zoning and other legal restrictions? 2. Physically Possible: To what use is the site physically adaptable? 3. Financially Feasible: Which possible and permissible use will produce any net return to the owner of the site? 4. Maximally Productive. Among the feasible uses which use will produce the highest net return, (i.e., the highest present worth)? Zoning Code, District D Legally Permissible Comments Given the legally permissible uses under the zoning and future land use, a commercial use, a multifamily use, and a mixed use is given further consideration in determining highest and best use of the site, as vacant. Physically Possible X Land Size .83 acres, 36,000 square feet Shape The site is rectangular. Topography Gently sloping Utilities The subject's utilities are typical and adequate for the market area. The site is served by public electricity, City water, City sewer Access Average Visibility Average Functional Utility Average Physically Possible Comments Based on an analysis of the physical characteristics of the site, there does not appear to be any adverse conditions or lack of utility. Thus, there are no apparent physical or functional problems with the site, which would hinder development. Financially Feasible X Of the legally permissible uses that are physically possible, we have analyzed the market for sales and rental rates versus the cost to construct for the uses that are financially feasible. These include: multifamily and commercial development. Overall, commercial and multifamily development is in demand in the subject's location. Maximally Productive X There does not appear to be any reasonably probable use of the subject site that would generate a higher residual land value than a commercial or a multifamily use. Accordingly, we have concluded that a commercial or multifamily use, developed to the normal market density permitted by current zoning and development standards, are the maximally productive use of the property as both have similar demand. Highest and Best Use as Vacant Commercial or Multifamily Development Comments The Highest and Best Use of the subject site, as vacant, is for commercial or multifamily development (based on current market parameters; when development warrants construction) Highest and Best Use as Vacant The highest and best use of the site, as vacant, is for Commercial or Multifamily Development. Page 14 Sales Comparison Approach – Vacant Site The Cost Approach is based on the premise that an informed purchaser would pay no more for a property than the cost to produce a substitute property with equivalent utility. The Cost Approach herein will utilize a cost-estimating service to estimate the hard costs of the improvements. The cost-estimating service utilized is the Marshall Valuation Service cost manual published by Marshall and Swift Publication Company. When available, the developer’s actual costs are compared to the results of the cost-estimating service and a hard cost is reconciled. Additionally, when available, construction cost comparables are utilized to test the reasonableness of the reconciled hard and soft cost for the subject property. Land Analysis To estimate the land value, we have utilized the Sales Comparison Approach. In this approach the appraiser develops an opinion of value by analyzing similar properties and comparing these properties with the subject property. Application of the sales comparison approach requires the comparing and rating of other comparable properties to the property appraised. The aim of this approach is to develop indications of what the comparable sales would have sold for if they had possessed all of the basic and pertinent physical, functional and external characteristics of the subject property. The steps involved in the Sales Comparison Approach are summarized as follows: 1. Comparable land sales data in the competitive market is obtained and verified, whenever possible; 2. Market-oriented unit(s) of comparison is determined and applied to each of the comparable sales; 3. The elements of comparison that affect the value of the property being appraised are identified and applied to each comparable sale; 4. A net adjustment is applied to each comparable unit sale price to arrive at a range of adjusted sale or unit prices for the subject property; and 5. The adjusted prices are reconciled to an indication of an appropriate value of the subject property. Comparable Sales Data – Land The subject is located in Clearwater. We have identified recent sales of vacant commercial sites. The comparable land sales selected represent the best available for this analysis. The most widely used unit of comparison in this market for the subject property type is the sale price per square foot of land area. As a result, we have analyzed the comparable sales on a price per land square foot basis. The comparable land sales included in this appraisal report are summarized in the table below. The following page includes a location map for the comparable land sales and reflects proximity to the subject property. The Addenda contains comparable land sales data sheets. Given the characteristics of the subject site, as well as the information obtained for the comparable data, the comparables were analyzed through the application of a traditional adjustment grid using percentage adjustments. Comp Address Date Price Land SF Price Per Land SF 1 1258 & 1271 Court St 11/17/2021 $425,000 17,836 $23.83 2 701-714 N Fort Harrison Ave 12/16/2021 $1,600,000 33,423 $47.87 3 639-645 Chestnut St 3/15/2022 $960,000 31,682 $30.30 4 502 Palm Bluff St 4/26/2022 $1,240,000 30,368 $40.83 Page 15 Land Sales Map The Adjustment Process The main points of comparison for this analysis includes the transactional elements such as property rights conveyed, financial terms, the conditions and/or motivations surrounding the sale, and changes in market conditions since the sale date. Property level adjustments account for differences in the locational, physical and economics elements of the sales as compared to the subject property. The comparable sales utilized herein were analyzed relative to the subject property for the following factors: Transactional Components Property Rights Conveyed Adjustments were made when applicable for conveyance of property rights other than those being appraised herein. No transactional components adjustments were warranted for the comparable land sales. Financing Terms Adjustments were made when applicable for extraordinary, special or non-market financing or credits provided by the seller or others which may have influenced the sale price. No adjustment is required. Conditions of Sale Adjustments were made when applicable for non-arm’s length sale transactions and/or atypical conditions. Each of the sales (or pending sales) was an arm’s length transaction. No condition of sale adjustment was required. Expenditures After Sale Adjustments were made when applicable for any reported anticipated expenditures that were incurred after the comparable was purchased. No adjustments are required. Market Conditions The sales used represent reasonably similar land parcels compared to the subject’s underlying land, which sold since November 2021. No adjustments are required. Page 16 Property Level Characteristics Location The subject is located at the at the northeast corner of S Osceola Ave and Pierce St, in Clearwater. Each of the sales was adjusted for location and frontage accordingly, if required, for locational characteristics differing from those of the subject property. The subject is in the Central Downtown Clearwater area adjacent to City Hall. Comparables 1 and 3 are located east of the subject area with upward adjustments required for location. Comparables 2 and 4 are located along Ft Harrison Ave near Clearwater Harbor along with marinas and the Seminole Boat Ramp; therefore, a smaller upward adjustment is warranted. Size The subject site is 36,000 SF in size. Differences in land size were also considered. The adjustment is based on the economies of scale as larger tracts typically sell at a lower per square foot price, all else equal. Likewise, a smaller tract typically sells at a greater per square foot price, all else equal. However, if a site is too small, the site is less desirable and would require an upward adjustment for being limited in development potential. Therefore, Comparable 1 requires an upward adjustment for its limited development potential. Topography The subject site has a generally level topography. Each of the land sales has similar topography; therefore, no adjustments were warranted. Shape The subject site is irregular to slightly rectangular. Each of the comparable land sales is also rectangular or nearly rectangular and conducive to development with the exception of Comparable 1 with an upward adjustment warranted. Utilities The subject and comparables have access to all public utilities with no adjustments warranted. Zoning The subject property is located in the Downtown Core Zoning District with high intensity development permissible. Comparable 1 is in the Downtown Gateway district with moderate intensity development permissible; therefore, an upward adjustment is required. Comparable 4 is in the C- Commercial District with limited uses as compared to the subject zoning district; therefore, an upward adjustment is required. Comparable 3 has similar zoning. Flood Zone The subject and all the comparables are located in a flood zone X with no adjustments required. Improvements Comparables 2 and 4 have improvements for possible interim use prior to development; therefore, a downward adjustment is required. Summary of Adjustments The following table presents a summary of the adjustments for the underlying site. Page 17 Land Analysis Grid Address City State Date Price Land SF Land SF Unit Price Transaction Adjustments Property Rights Fee Simple 0.0%Fee Simple 0.0%Fee Simple 0.0%Fee Simple 0.0% Financing Conventional 0.0%Conventional 0.0%Conventional 0.0%Conventional 0.0% Conditions of Sale Arm's Length 0.0%Arm's Length 0.0%Arm's Length 0.0%Arm's Length 0.0% Expend. After Sale Market Trends Characteristics Adjustments Location Frontage % Adjustment $ Adjustment Land SF % Adjustment Qualitative $ Adjustment Topography % Adjustment Qualitative $ Adjustment Shape % Adjustment Qualitative $ Adjustment Utilities % Adjustment Qualitative $ Adjustment Zoning Character District % Adjustment Qualitative $ Adjustment Flood Zone % Adjustment Qualitative $ Adjustment Improvements % Adjustment Qualitative $ Adjustment Adjusted Land SF Unit Price Net Adjustments Two Sides Downtown Core Downtown Gateway Old Bay Downtown Core N/A $0.00 Similar $0.00 0% $0.00 Mostly RectangularRectangular Gently Sloping $0.00 0% All to Site $4.08 30,368 $0.00 0.00 5%0% $0.00 0% Similar Available to Site $2.39 0% Similar 20% Comp 1 31,682 $30.30 $40.83 30,368 $0 639-645 Chestnut St 502 Palm Bluff St 4/26/2022 Comp 4 0.0% 12/16/202111/17/2021 $1,600,000$425,000 $960,000 33,423 $47.87 $0.00 Comp 3 $2.38 $0.00 Gently Sloping $40.83 Two Sides Three Sides Two Sides Three Sides 0% 0% $23.83 $0.00 $47.87 $47.87 $6.06 Gently Sloping All to Site Rectangular 31,682 $0.00 $2.04 0.00 Superior 0% Zone X -2.04 Similar 36,000 Comp 2 33,423 0% 0.0% 107 S Osceola Ave FL Clearwater FL -- 36,000 17,836 Adjusted Land SF Unit Price $4.77 10% 0.0% Similar Similar Zone X Gently sloping Irregular 10% Inferior Gently Sloping $2.38 $0.00 The site is served by public electricity, City water, City sewer DD 0% $0.00 $0.00 0% Available to Site $0.00 X D Inferior 10% 0% D 0% $2.38 -5% Similar 0.00 -2.39 0% 0.00 None Noted 0% Similar As if Vacant None noted 0% Yes, Occupied Inferior Similar 0.0% 20% $30.30 C 0% Inferior $6.12 15% Zone X $30.30 Yes, Occupied -5% 10% Similar $0.00 Similar $0.00 0% Superior Similar 0.00 0% 0% Similar Similar Inferior Similar 5% 0.0% $36.36$35.74 50.0% $51.04 Similar 0.00 Zone X Clearwater 701-714 N Fort Harrison Ave $0.00 $1,240,000 0% The site is rectangular. Inferior Similar Similar Similar Clearwater $23.83 3/15/2022 $0.00 Clearwater FL 17,836 $40.83 Similar Similar Similar InferiorInferior Clearwater FL Conventional Fee Simple Adjusted Land SF Unit Price $23.83 1258 & 1271 Court St FL $47.87 25.0%20.0% Page 18 Land Sale Value Metrics The following table presents the metrics for the unadjusted and adjusted land sales. The table also presents the concluded market value per land square foot for the subject property. Comparables 1 has the most net adjustments and is given less weight. Weight is given to Comparables 2, 3, and 4. Number of Comparables:4 % Δ 50% 7% 20% 18% 35.57 1,100,000.00 land sf $35.57 One Million Six Hundred Twenty Thousand Dollars Subject Size: $45.00 Reconciled Final As Is Value: $1,620,000 36,000 Reconciled Value/Unit Value: Indicated Value: $1,620,000 High:$47.87 $35.74 Median:$42.12 $42.75 Land Value Ranges & As Is Reconciled Value Low: $51.04 Unadjusted Adjusted $23.83 $35.71Average: Page 19 Final Reconciliation The process of reconciliation involves the analysis of each approach to value. The quality of data applied, the significance of each approach as it relates to market behavior and defensibility of each approach are considered and weighed. Finally, each is considered separately and comparatively with each other. Cost Approach The Cost Approach was not applicable and was not used in this analysis. Sales Comparison Approach The Sales Comparison Approach analyzes similar properties, which have sold in the general area of the subject property. The sales used are recent transactions of reasonably similar properties in the subject’s immediate area and/or nearby competing market areas. The properties are representative of the most recent transactions involving similar properties available for comparison with the subject. This approach provides a reliable value indication for the subject in the current market. Income Approach – Direct Capitalization The Income Capitalization Approach was not applicable and was not used in this analysis. Value Premise Date of Value 4/20/2022 Value Type Market Value Value Perspective Current Interest Appraised Fee Simple Land Analysis $1,620,000 Summary of Values Market Value Conclusion The Sales Comparison Approach was used in valuing the Fee Simple interest as this is the typical method utilized by buyers of property similar to the subject. Based on the data and analyses developed in this analysis, we have reconciled to the following value conclusions, as of April 20, 2022, subject to the Assumptions and Limiting Conditions. Premise Interest Appraised Effective Date Value Conclusion Estimated Marketing Current As Is Market Value Fee Simple 4/20/2022 $1,620,000 5-6 Months Value Conclusions According to the Appraisal Standards Board (ASB) of the Appraisal Foundation, “reasonable marketing time” is an estimate of the amount of time it might take to sell a property interest at the estimated Market Value during the period immediately after the effective date of the report. It is not intended to be a prediction of a specific date of sale and, therefore, may be expressed as a range. Exposure time is defined as the estimated length of time the property interest being appraised would have been offered on the market prior to the hypothetical consummation of a sale at Market Value on the effective date of report. Based upon the sales presented herein, an exposure period of 5-6 Months or less is considered reasonable. Marketing time is also concluded at 5-6 Months. Page 20 Certification Statement We certify that, to the best of our knowledge and belief: 1. The statements of fact contained in this report are true and correct. 2. The reported analyses, opinions and conclusions are limited only by the reported assumptions and limiting conditions, and is our personal, impartial, and unbiased professional analyses, opinions and conclusions. 3. We have no present or prospective future interest in the property that is the subject of this report, and have no personal interest with respect to the parties involved. 4. We have no bias with respect to the property that is the subject of this report, or to the parties involved with this assignment. 5. Our engagement in this assignment was not contingent upon developing or reporting predetermined results. 6. Our compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value estimate, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. 7. Our analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice (USPAP). 8. No one provided significant real property appraisal assistance to the person(s) signing this certification. 9. We certify sufficient competence to appraise this property through education and experience, in addition to the internal resources of the firm. 10. The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute. 11. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. 12. The appraiser has not performed any services regarding the subject within the three-year period immediately preceding acceptance of this assignment. 13. Angelo Lallis has made an inspection of the subject property. 14. Wesley R. Sanders, MAI, AI-GRS, CCIM has not made an inspection of the subject property. As of the date of this report, Wesley Sanders, MAI, AI-GRS, CCIM has completed the requirements of the continuing education program for Designated Members of the Appraisal Institute. As of the date of this report, Angelo Lallis and Wesley Sanders, MAI, AI-GRS, CCIM have completed the requirements of the Department of Business and Professional Regulation under the provisions of Chapter 475 FS of the Florida Real Estate Appraisal Board. Angelo Lallis Senior Real Estate Analyst State-Certified General Real Estate Appraiser RZ4211 Wesley R. Sanders, MAI, AI-GRS, CCIM Senior Managing Director State-Certified General Real Estate Appraiser RZ2911 Page 21 Basic Assumptions and Limiting Conditions 1. By this notice, all persons, companies, or corporations using or relying on this report in any manner bind themselves to accept these contingent and limiting conditions, and all other contingent and limiting conditions contained elsewhere in this report. Do not use any portion of this report unless you fully accept all contingent and limiting conditions contained throughout this document. 2. Throughout this report, the singular term "Appraiser" also refers to the plural term "Appraisers”. The terms "Appraiser" and “Appraisers” refer collectively to "Entreken Associates, Inc.", its officers, employees, contractors, and associate appraisers. The masculine terms "he" or "his" also refer to the feminine term "she" or "her”. 3. These conditions are an integral part of this appraisal report, and are a preface to any certification, definition, description, fact, or analysis. Moreover, these conditions are intended to establish as a matter of record that the purpose of this report is to provide one or more value opinions for the subject property. All value opinions are prepared solely for the explicitly identified client and other explicitly identified intended users. 4. Value opinions involve only real estate, and inconsequential personal property. Unless explicitly stated otherwise, value conclusions do not include personal property, un-affixed equipment, trade fixtures, business-good will, chattel, or franchise items of material worth. 5. As part of this appraisal, information was gathered and analyzed to form value opinion(s) that pertain solely to one or more explicitly identified effective value dates. The effective value date is the only point in time that the value applies. Information about the subject property, neighborhood, comparables, or other topics discussed in this report was obtained from sensible sources. In accordance with the extent of research disclosed in the Scope of Work section, all information cited herein was examined for accuracy, is believed to be reliable, and is assumed reasonably accurate. However, no guaranties or warranties are made for this information. No liability or responsibility is assumed for any inaccuracy which is outside the control of the Appraiser, beyond the scope of work, or outside reasonable due diligence of the Appraiser. 6. Real estate values are affected by many changing factors. Therefore, any value opinion expressed herein is considered credible only on the effective value date. Every day that passes thereafter, the degree of credibility wanes as the subject changes physically, the economy changes, or market conditions change. The Appraiser reserves the right to amend these analyses and/or value opinion(s) contained within this appraisal report if erroneous, or more factual-information is subsequently discovered. No guarantee is made for the accuracy of estimates or opinions furnished by others, and replied upon in this report. 7. This appraisal is not an engineering, construction, legal, or architectural study. It is not an examination or survey of any kind. Expertise in these areas is not implied. The Appraiser is in no way responsible for any costs incurred to discover, or correct any deficiency in the property. In the case of limited partnerships, syndication offerings, or stock offerings in the real estate, the client agrees that in case of lawsuit (brought by the lender, partner, or part owner in any form of ownership, tenant, or any other party), the client will hold Entreken Associates, Inc., its officers, contractors, employees and associate appraisers completely harmless. Acceptance of, and/or use of this report by the client, or any third party is prima facie evidence that the user understands, and agrees to all these conditions. 8. Unless specifically stated otherwise herein, the Appraiser is unaware of any engineering study made to determine the bearing capacity of the subject land, or nearby lands. Improvements in the vicinity, if any, appear to be structurally sound. It is assumed soil and subsoil conditions are stable and free from features that cause supernormal costs to arise. It is also assumed existing soil conditions of the subject land have proper load bearing qualities to support the existing improvements, or proposed improvements appropriate for the site. No investigations for potential seismic hazards were made. This appraisal assumes there are no conditions of the site, subsoil, or structures, whether latent, patent, or concealed that would render the subject property less valuable. Unless specifically stated otherwise in this document, no earthquake compliance report, engineering report, flood zone analysis, hazardous substance determination, or analysis of these unfavorable attributes was made, or ordered in conjunction with this appraisal report. The client is strongly urged to retain experts in these fields, if so desired. 9. For appraisals of multifamily property, only a portion of all dwellings was observed. A typical ratio of observed dwellings roughly approximates 10% of the total number of units, and this ratio declines as the number of dwellings grows. It is assumed the functionality, physical condition, and interior finish of unseen units are similar to the functionality, physical condition, and interior finish of observed units. If unobserved dwellings significantly differ from those that were viewed in functionality, physical condition, or finish, the Appraiser reserves the right to amend theses analysis and/or value opinion(s). 10. If this appraisal values the subject as though construction, repairs, alterations, remodeling, renovation, or rehabilitation will be completed in the future, it is assumed such work will be completed in a timely fashion, using non-defective materials, and proper workmanship. All previously completed work is assumed to substantially conform to plans, specifications, descriptions, or attachments made or referred to herein. It is also assumed all planned, in-progress, or recently completed construction complies with the zoning Page 22 ordinance, and all applicable building codes. A prospective value opinion has an effective value date that is beyond or in the future relative to the report preparation date. If this appraisal includes a prospective valuation, it is understood and agreed the Appraiser is not responsible for an unfavorable value effect caused by unforeseeable events that occur before completion of the project. 11. This valuation may or may not include an observation of the appraised property by a signatory to this report. The extent of any observation is disclosed in the Scope of Work section of this report. Any observation by a signatory is not, and should not be misconstrued as a professional property inspection. Comments or descriptions about physical condition of the improvements, if any, are based solely on a superficial visual observation. Electric, heating, cooling, plumbing, water supply, sewer or septic, mechanical equipment, and other systems were not tested. No determination was made regarding the operability, capacity, or remaining physical life of any component in, on, or under the real estate appraised. All building components are assumed adequate and in good working order unless stated otherwise. Private water wells and private septic systems are assumed sufficient to comply with federal, state, or local health safety standards. No liability is assumed for the soundness of structural members since structural elements were not tested or studied to determine their structural integrity. The roof cover for all structures is assumed water tight unless otherwise noted. Comments regarding physical condition are included to familiarize the reader with the property. This document is not an engineering or architectural report. If the client has any concern regarding structural, mechanical or protective components of the improvements, or the adequacy or quality of sewer, water or other utilities, the client should hire experts in an appropriate discipline before relying upon this report. No representations are made herein as to these matters unless explicitly stated otherwise in this report. 12. If this appraisal values an interest that is less than the whole fee simple estate, then the following disclosure applies. The value for any fractional interest appraised plus the value of all other complementary fractional interests may or may not equal the value of the entire fee simple estate. 13. An appraised property that is a physical portion of a larger parcel or tract is subject to the following limitations. The value opinion for the property appraised pertains only to that portion defined as the subject. This value opinion should not be construed as applying with equal validity to other complementary portions of the same parcel or tract. The value opinion for the physical portion appraised plus the value of all other complementary physical portions may or may not equal the value of the whole parcel or tract. 14. No liability is assumed for matters of legal nature that affect the value of the subject property. Unless a clear statement to the contrary is made in this report, value opinion(s) formed herein are predicated upon the following assumptions. (A) The real property is appraised as though, and assumed free from all value impairments including yet not limited to title defects, liens, encumbrances, title claims, boundary discrepancies, encroachments, adverse easements, environmental hazards, pest infestation, leases, and atypical physical deficiencies. (B) All real estate taxes and assessments, of any type, are assumed fully paid. (C) The property being appraised is assumed to be owned under responsible and lawful ownership. (D) It is assumed the subject property is operated under competent and informed management. (E) The subject property was appraised as though, and assumed free of indebtedness. (F) The subject real estate is assumed fully compliant with all applicable federal, state, and local environmental regulations and laws. (G) The subject is assumed fully compliant with all applicable zoning ordinances, building codes, use regulations, and restrictions of all types. (H) All licenses, consents, permits, or other documentation required by any relevant legislative or governmental authority, private entity, or organization have been obtained, or can be easily be obtained or renewed for a nominal fee. 15. The allocation of value between the subject's land and improvements, if any, represents our judgment only under the existing use of the property. A re-evaluation should be made if the improvements are removed, substantially altered, or the land is utilized for another purpose. 16. The Appraiser assumes a prospective purchaser of the subject is aware of the following. (A) This appraisal of the subject property does not serve as a warranty on the physical condition of the property. (B) It is the responsibility of the purchaser to carefully examine the property, and to take all necessary precautions before signing a purchase contract. (C) Any estimate for repairs is a non-warranted opinion of the Appraiser. 17. Any exhibits in the report are intended to assist the reader in visualizing the subject property and its surroundings. The drawings are not surveys unless specifically identified as such. No responsibility is assumed for cartographic accuracy. Drawings are not intended to be exact in size, scale, or detail. 18. Conversion of the subject's income into a market value opinion is based upon typical financing terms that were readily available from a disinterested, third party lender on this report’s effective date. Atypical financing terms and conditions do not influence market value, but may affect investment value. 19. All information and comments concerning the location, market area, trends, construction quality, construction costs, value loss, physical condition, rents, or any other data for the subject represent estimates and opinions of the Appraiser. Expenses shown in the Income Approach, if used, are only estimates. They are based on past operating history, if available, and are stabilized as generally typical over a reasonable ownership period. 20. The Appraiser is not required to give testimony or appear in court because of having prepared this report unless arrangements are agreed to in advance. If the Appraiser is subpoenaed pursuant to court order, the client agrees to compensate the Appraiser for their court appearance time, court preparation time, and travel Page 23 time at their regular hourly rate then in effect plus expenses. In the event the real property appraised is, or becomes the subject of litigation, a condemnation, or other legal proceeding, it is assumed the Appraiser will be given reasonable advanced notice, and reasonable additional time for court preparation. 21. Entreken Associates, Inc. and the Appraiser have no expertise in the field of insect, termite, or pest infestation. We are not qualified to detect the presence of these or any other unfavorable infestation. The Appraiser has no knowledge of the existence of any infestation on, under, above, or within the subject real estate. No overt evidence of infestation is apparent to the untrained eye. However, we have not specifically inspected or tested the subject property to determine the presence of any infestation. No effort was made to dismantle or probe the structure. No effort was exerted to observe enclosed, encased, or otherwise concealed evidence of infestation. The presence of any infestation would likely diminish the property's value. All value opinions in this communication assume there is no infestation of any type affecting the subject real estate. No responsibility is assumed by Entreken Associates, Inc. or the Appraiser for any infestation or for any expertise required to discover any infestation. Our client is urged to retain an expert in this field, if desired. 22. Effective January 26, 1992, the Americans with Disabilities Act (ADA) - a national law, affects all nonresidential real estate or the portion of any property, which is non-residential. The Appraiser has not observed the subject property to determine whether the subject conforms to the requirements of the ADA. It is possible a compliance survey, together with a detailed analysis of ADA requirements, could reveal the subject is not fully compliant. If such a determination was made, the subject's value may or may not be adversely affected. Since the Appraiser has no direct evidence, or knowledge pertaining to the subject's compliance or lack of compliance, this appraisal does not consider possible noncompliance or its effect on the subject's value. All opinions are those of the signatory Appraiser based on the information in this report. No responsibility is assumed by the Appraiser for changes in market conditions, or for the inability of the client, or any other party to achieve their desired results based upon the appraised value. Some of the assumptions or projections made herein can vary depending upon evolving events. We realize some assumptions may never occur and unexpected events or circumstances may occur. Therefore, actual results achieved during the projection period may vary from those set forth in this report. Compensation for appraisal services is dependent solely on the delivery of this report, and no other event or occurrence. 23. No part of this report shall be published or disseminated to the public by the use of advertising media, public relations media, news media, sales media, electronic devices, or other media without the prior written consent of Entreken Associates, Inc. This restriction applies particularly as to analyses, opinions, and conclusions; the identity of the Appraiser; and any reference to the Appraisal Institute or its MAI, SRPA, or SRA designations. Furthermore, no part of this report may be reproduced or incorporated into any information retrieval system without written permission from Entreken Associates, Inc., the copyright holder. Page 24 Addenda Page 25 Regional Analysis REGIONAL MAP Introduction The subject property is located in Bradenton, Pinellas County, Florida, which is within the Tampa-St. Petersburg-Clearwater Metropolitan Statistical Area (MSA). The Tampa MSA is generally referred to as the Tampa Bay area, which consists of Hernando, Hillsborough, Pasco, and Pinellas Counties, as defined by the US Census Bureau. It includes the major municipalities of Tampa, St. Petersburg, Clearwater, and Brandon. Some publications also include the Citrus, Manatee, Pasco, Polk, and Sarasota counties. However, for this analysis, we have included the four county area. The Tampa Bay area is approximately 80 miles west of Orlando, 270 miles northwest of Miami, and 200 miles southwest of Jacksonville. Because the subject benefits from the strength of the area, an overview of this area is appropriate, followed by a description of the community in which the subject is located. The Tampa Bay MSA is located in Southwest Florida on the Gulf of Mexico and Tampa Bay and encompasses 2,554.5 square miles. Page 26 MSA at a Glance - TAMPA-ST. PETERSBURG-CLEARWATER FL Page 27 Page 28 Employment Tampa Bay’s unemployment rate has decreased from a high of 13.2% in April 2020, and is at 3.3% as of January 2022, according to the Bureau of Labor and Statistics figures. The losses slowed in mid-2020 as Florida re-opened businesses, but much of the leisure, hospitality and tourism industries had ground to a halt. Among the other hardest hit industries were health care, social assistance, retail trade, professional and business services and construction. Health care job loss may have seemed unexpected, but the sector lost at least 43,000 jobs nationally, according to the report. Since mid-2020, these industries have recovered, and Florida unemployment now well outpaces the national average. Unemployment The following table exhibits current and past unemployment rates as obtained from the Bureau of Labor Statistics. Overall, the metro had a lower unemployment rate than the state and the nation. This, combined with the pro-business philosophy of Florida, has increased investor demand for real estate in Florida over the past couple years. Area YE 2016 YE 2017 YE 2018 YE 2019 YE 2020 YE 2021 Jan-22 Tampa-St. Pete-Clwr, FL MSA 4.3%3.7%3.4%2.7%5.7%2.7%3.3% Florida 4.5%3.8%3.4%2.6%6.3%2.9%3.5% United States 4.7%4.1%3.9%3.6%6.7%3.9%4.0% Unemployment Rates 0.0% 1.0% 2.0% 3.0% 4.0% 5.0% 6.0% 7.0% 8.0% Unemployment Rates Tampa-St. Pete-Clwr, FL MSA Florida United States Page 29 The following table provides the employment by industry for the Tampa Bay MSA. Mining/Logging 300 0.0% Construction 87,800 6.1% Manufacturing 69,900 4.8% Trade, Transportation, Utilities 272,700 18.9% Information 28,000 1.9% Financial Activities 135,300 9.4% Professional and Business Services 271,300 18.8% Education and Health Services 220,600 15.3% Leisure and Hospitality 158,500 11.0% Other Services 45,500 3.2% Government 154,500 10.7% Employment by Industry - Tampa Bay MSA Industry Feb-22 Percent of Employment Major Employers The following table indicates the major employers within the Tampa Bay MSA. Company No. of Employees BayCare Health Care Systems 28,357 Publix Super Markets 26,000 Hillsborough County School District 24,000 HCA West Florida Division 18,000 University of South Florida 16,277 MacDill Air Force Base 15,000 Pinellas County School District 15,000 Polk County School District 13,235 Pasco County School District 12,733 AdventHealth West Florida 12,000 Major Employers - Tampa Bay MSA COVID-19 Employment impact:The coronavirus pandemic and the unprecedented economic shutdown had a profound impact in the Tampa Bay metro, as it did nationwide, in the short-term. Florida’s Safer-at-Home order went into effect on April 3rd, 2020. The order allowed for loosely defined essential workers to continue working. Most states experienced a similar shut-down, which triggered a round of stimulus checks and enhanced unemployment benefits. Florida Governor Ron DeSantis partially reopened the State on May 4th, 2020, and continued to open more sectors over the next few months. Unemployment in Tampa Bay was at 10.5% in the second quarter 2020, compared to 11.7% in Florida and 11.1% in the US, overall. Considering the modest tourism industry in Tampa Bay compared to Florida in general, employment rapidly increased after the re-opening. Overall, due to the diverse workforce and strong economy before the COVID-19 outbreak with a 2.9% unemployment in Tampa Bay in February 2020, unemployment receded to 3.5% as of November 2021. The employment base also improved with additional people entering the workforce. These additional employees and jobs will continue to spur economic growth in Tampa Bay. Tourism Tampa Bay’s start to 2020 was welcomed with a boom in the hotel industry. The new Marriott Autograph Collection boutique has opened on the West Shore District waterfront. Hotel Alba is Tampa Bay’s first Hilton Tapestry Collection property in the metro, while Seminole Hard Rock Hotel & Casino features a new luxurious 500-room tower. The new Hampton Inn/Home2 Suites near Port Tampa Bay has also opened and Chicago’s Aparium Group opened a new Page 30 boutique in the heart of Ybor City in March. In addition, a new JW Marriott Hotel & Resort is seen steps away from Tampa Riverwalk & Amalie Arena. The 5-star Tampa EDITION will open in 2022 as part of the Water Street project. A new Hyatt Place/Hyatt House in downtown is open as well as the Aloft and Element that makes up the said $500 million Midtown Project. A Home 2 Suites has opened, and a Cambria hotel will be built near Tampa International Airport. Busch Gardens Tampa Bay launches Iron Gwazi, the tallest and steepest hybrid rollercoaster in North America, while Adventure Island Water Park offers its new ride called The Solar Vortex. ZooTampa at Lowry Pak has also expanded its site to treat some of the injured Florida manatees. Pinellas County is known for the beaches of the barrier islands including from Clearwater Beach in the north to St. Pete Beach in the south. The St. Petersburg/Clearwater area is the leading destination on the Gulf Coast with more than 6.5 million overnight visitors in 2017. The economic impact of tourism in Pinellas County exceeded $10.3 billion in 2017. The Gulf Coast draws visitors for the outdoor and on-the-water recreational opportunities such as golf with a myriad of public, municipal and private courses. The area is known as one of the best fishing grounds with both inshore and offshore opportunities and charter companies operating out of the many marinas in the area. Clearwater Beach is known as one of the best beaches in the world (Trip Advisor’s #1 in 2018) with many attractions including the Clearwater Marine Aquarium featuring Winter, perhaps the most famous dolphin in the world. There are many museums and other cultural attractions that draw tourists including the Dali Museum, the Chihuly Collection, St. Petersburg Museum of History and Imagine Museum to name a few. The St. Petersburg Arts Alliance partnered with St. Petersburg to ensure a strong arts-related economic presence and foster growth in the seven arts districts. Largo offers several attractions including the Florida Botanical Gardens, and the Pinellas County Heritage Village, an open-air historical village and museum dating to the mid-19th Century. The Pinellas Trail is a linear trail extending from St. Petersburg to Tarpon Springs through Largo. The 45-mile trail is developed mostly along abandoned rail lines and is open for cyclists, joggers, and skaters. Linkages Interstate 275 traverses north and south through the center of the county. This limited-access highway provides access to Interstate 75 to the north and Saint Petersburg to the south. Interstate 75 is a limited-access highway which traverses north and south through the center of the county. This highway provides access to Manatee County to the south and Hernando and Pasco counties to the north. Interstate 4 is a limited access highway that terminates in Hillsborough County and travels east to Orlando. There are several limited-access toll roads that traverse through the county and numerous county roads. There are three major bridges that provide access to Pinellas County from Hillsborough County. These include the West Courtney Campbell Causeway (State Route 60), the Howard Frankland Bridge (Interstate 275/State Route 93) and U.S. Highway 92/State Route 600. Overall, the linkages throughout the county are ample with good access to other areas of the Tampa Bay area. Page 31 Transportation The Tampa Bay MSA is home to two major airports including St. Pete-Clearwater International Airport (PIE) in Pinellas County, and Tampa International Airport in Hillsborough County. Tampa International Airport is an international airport approximately 6.0 miles west of Downtown Tampa. It is served by over twenty major airlines, including Southwest Airlines which operates up to 121 flights per day. In 2019, the airport reportedly handled 22,497,953 passengers, making it the 28th busiest airport in North America. Mass transit is provided by the public transports available for each county as stated below: Pinellas County Pinellas Suncoast Transit Authority (PSTA) Hillsborough County Hillsborough Area Regional Transit Authority (HART) Pasco County Pasco County Public Transportation (PCPT) Hernando County Hernando County Transit Services (TheBus) Population The 2021 population data is the most current available for the Tampa MSA with growth as illustrated below. As employment has increased over the past few years, the population growth has also increased. The four county Tampa MSA had an estimate 2021 population of 3,228,154 in which is expected to increase by 1.27% per year until 2026. 2021 Population 2026 Population Estimation 2021-2026 Population: Annual Growth Tampa-St. Petersburg-Clearwater 3,228,154 3,438,732 1.27% Florida 21,733,419 23,197,833 1.31% USA 333,934,112 345,887,495 0.71% Median Household Income Total median household income for the region is presented in the following table. Overall, the subject’s county is similar to the MSA and state. However, is slightly below the nation. 2021 Median Household Income 2021 Average Household Income 2021 Per Capita Income Tampa-St. Petersburg-Clearwater 58,049 82,576 33,696 Florida 58,462 83,820 32,917 USA 64,730 92,435 35,106 Page 32 Residential Real Estate House Price Appreciation: Median price for houses is $390,000 in March 2022 compared to $300,000 in March 2021, which was a 30.0% increase. Similarly, condo/townhome median pricing is up 25.6% during the same timeframe, up to $270,000 from $215,000. Active listings are down 3.6% from last year in the Single-Family home market and down 27.4% in the Townhouse/Condo market. This is due to the increased sales volume and increase in demand for housing. The table below summarizes the most important housing market indicators for the Tampa, FL metro in March 2022. Source: Greater Tampa Realtors The Tampa, FL metro had a strong seller’s market in March 2022. For the Single-Family segment, months’ supply stood at 0.6 months. For the Townhouse/Condo segment, it stood at 0.6 months. On a market segment basis, entry-level markets tend to have a somewhat lower demarcation point between a buyer’s and seller’s market (estimated around 5 months) and move-up markets tend to have a somewhat higher demarcation point between a buyer’s and seller’s market (estimated around 7months). This is because even in a balanced market, the less expensive entry-level homes usually sell more quickly than move-up homes. Lower levels of months’ inventory tend to lead to upward price pressures. This is especially common in the entry-level market, where supply has been most constrained since 2012 and which has led to reduced affordability. Mortgage Risk: AEI measures the level of mortgage risk present in a metro through the mortgage default rate. A higher mortgage default rate implies greater access to credit, but also indicates greater likelihood of default. While at first glance, greater access may seem like a positive, especially for first-time buyers trying to enter the market, when market conditions are tight, it actually works to their detriment. During a seller’s market, greater access to credit is capitalized into higher house prices, which then generally results in home prices rising faster than, for example, incomes or rents. In the Tampa, FL metro, the most recent mortgage default rate data is for the 3rd quarter of 2021, which stood at 13.2%, compared to 12.0% for the nation. The mortgage default rate in the Tampa, FL metro increased from a year ago, when the mortgage default rate stood at 12.5%. The mortgage default rate varied substantially by market segment for the Tampa, FL metro. The mortgage default rate for entry-level buyers was 16.6%, but only 9.9% for move-up buyers. Expected mortgage rate increases is not likely to be positive for the residential housing market. We expect pricing to stabilize and likely only moderately increase in 2022. This depends heavily on the net positive in-migration of people moving to the area from other parts of the country. Page 33 New Construction Activity: In the third quarter of 2021, new construction added 13.9% to the Tampa, FL metro housing stock. This is higher than the nation, for which the new construction contribution during the same time period was 9.9%. Additions to the existing housing stock during this period varied substantially by market segment. While 3.6% was added to the low price tier stock, 10.2% was added to the low-medium price tier stock, and 13.9% was added to the medium-high & high price tier stock. MSA Conclusion Housing demand and prices continue to grow, while 2021 housing permits topped the previous year by 20%, housing prices are also at the highest levels since 2008. As the economy continued to improve throughout late 2021, not only did housing prices continue to rise, but residential rental rates also increased. These trends have continued into 2022 throughout the residential and commercial real estate sectors. It is unclear what effect rising interest rates will have on the economy and real estate markets. Healthcare is another key driver for the metro area—jobs in the medical profession are over 15% of the area’s workforce and pay slightly more than the local average. Hiring in these elective fields is evidence that residents are optimistic about the region’s recovery. This increase is also attributable to the extra demand created by the large, fast-growing senior population. Among major metro areas, the Tampa MSA maintains the largest percentage of residents older than 65, even with a population growth trend of under 20-year olds outpacing the country as a whole. Tampa-St. Petersburg-Clearwater is expected to outpace the nation over the next two years, as an influx of residents, mostly retirees and people moving from the northeast, will drive demand for housing and other locally produced services. These transplants will contribute to its tax base, but not add as much to its tightening labor supply as a high percentage appear to be retirees and remote employees. This will also help to continue to drive the construction market. Overall, these factors have led to the lowest unemployment levels in Tampa Bay since before the COVID pandemic, a growing labor force with more people entering the job market, while driving up wages. While the hospitality industry in the beaches area has been robust over the past few years, continually breaking records, the industry is also expected to continue to slowly recover outside the beaches areas, as the US and world economies improve. The beaches continue to be some of the upmost traveled to destinations with outdoor venues especially in high demand in 2020 and 2021. These factors will ensure that Tampa Bay’s income expands faster than the nation’s over the forecast horizon. Robust healthcare and the outdoor lifestyle demand will be a catalyst for the foreseeable future and the outlook for the long-term economy is positive. Page 34 Neighborhood Analysis Due to the summary format of the report, detailed information relative to regional and city trends have been summarized as follows. Overview Pinellas County was founded in 1912. The county seat, Clearwater, was incorporated in 1891. It totals 608 square miles, made up of 274 square miles of land and 334 square miles of water. The subject’s neighborhood is located in the City of Clearwater, within Pinellas County. The borders include Sunset Point Rd to the north, S Keene Rd to the east, Belleair Rd to the south, and the Intracoastal Waterway to the west. Access/Visibility Within the immediate area of the subject property, transportation access helps define the character of its development. This portion of Pinellas County has average to good access with the primary north and south roadway being Alt US-19, and the primary east and west roadway being Gulf to Bay Blvd, which gives the subject neighborhood quick access to Hillsborough County. There are a number of secondary and tertiary streets traversing the neighborhood to provide good access. Land Use Patterns Development within the neighborhood includes low-density commercial/retail development along major thoroughfares such as Court St and S Missouri Ave., with residential developments located on secondary thoroughfares scattered throughout the neighborhood. Residential makes up most of the development in the neighborhood on the south side of Court St, and the north side of Court St to Drew St has mixed development as it’s part of Downtown Clearwater. There is very little industrial development. The developable area in the PMA is approximately 95% developed, with most vacant land being parcels that were previously developed and were demolished for re-development. The approximate breakdown of land uses is as follows: Single-family 45%, Multifamily 15%, Retail 25%, Office 10%, Industrial 3%, and Vacant Land 2%. The neighborhood is in the stability phase of its life cycle. Page 35 New retail and mixed-use developments are also underway within 5 miles of the subject. The Clearwater Downtown Redevelopment Plan Area serves as a long-term vision for Downtown Clearwater and surrounding residential and commercial areas. It includes a 540-acre community redevelopment area namely Imagine Clearwater; a $55 million master plan along downtown’s waterfront that will offer high-rise office, mixed-use residential and retail space, and the North Marina Master Plan area on the other hand covers 64 acres just north of Downtown Clearwater which focuses on attracting commercial, retail, restaurants and more residential to the neighborhood. Public Facilities/ Services Public utilities (sewer, water, trash) are available to most portions of the neighborhood and provided by Pinellas County Utilities and the City of Clearwater, while TECO Energy provides electricity. Fire and police protection are adequate to meet the needs of the neighborhood’s residents and are provided by the City of Clearwater. Public transportation is available in the neighborhood and adequate medical services are also provided. Neighborhood Demographics The following tables present the subject neighborhood demographics for a one-, three- and five-mile radius from the subject property. Page 36 2021 Median Age 45.3 46.3 50.7 2021-2026 Annual Rate 0.92%0.60%0.62% 2010-2021 Annual Rate 1.29%0.48%0.62% 2000-2010 Annual Rate -0.16%0.21%0.05% 2026 Population 7,837 85,520 217,519 2021 Population 7,487 83,004 210,848 2010 Population 6,483 78,640 196,623 2000 Population 6,586 76,971 195,595 1 mile 3 miles 5 miles In the identified area, the current year population is 210,848. In 2010, the Census count in the area was 196,623. The rate of change since 2010 was 0.62% annually. The five-year projection for the population in the area is 217,519 representing a change of 0.62% annually from 2021 to 2026. Demographic Data Population characteristics and income levels were obtained from STBOnline for 1, 3, and 5-mile radii near the subject’s location. A summary of the information is presented in the following tables. POPULATION Page 37 2021 Average Household Size 2.02 2.27 2.13 2021-2026 Annual Rate 0.96%0.54%0.58% 2010-2021 Annual Rate 1.32%0.35%0.54% 2000-2010 Annual Rate -0.11%-0.11%-0.01% 2026 Total Households 3,699 36,194 99,690 2021 Total Households 3,526 35,237 96,854 2010 Households 3,042 33,877 91,131 2000 Households 3,077 34,266 91,258 2021 Wealth Index 58 86 79 1 mile 3 miles 5 miles The household count in this area has changed from 91,131 in 2010 to 96,854 in the current year, a change of 0.54% annually. The five-year projection of households is 99,690, a change of 0.58% annually from the current year total. Average household size is currently 2.13, compared to 2.11 in the year 2010. The number of families in the current year is 51,561 in the specified area. HOUSEHOLD Page 38 2021-2026 Annual Rate 2.60%2.49%2.54% 2026 Per Capita Income $32,047 $37,293 $38,168 Per Capita Income 2021 Per Capita Income $28,184 $32,983 $33,662 2021-2026 Annual Rate 2.65%2.59%2.61% 2026 Average Household Income $66,778 $86,907 $82,782 Average Household Income 2021 Average Household Income $58,597 $76,470 $72,773 2021-2026 Annual Rate 2.48%2.27%2.35% 2026 Median Household Income $36,791 $56,184 $57,341 Median Household Income 2021 Median Household Income $32,552 $50,222 $51,044 Mortgage Income 2021 Percent of Income for Mortgage 34.4%22.0%19.5% 1 mile 3 miles 5 miles Current median household income is $51,044 in the area, compared to $64,730 for all U.S. households. Median household income is projected to be $57,341 in five years, compared to $72,932 for all U.S. households. Current average household income is $72,773 in this area, compared to $90,054 for all U.S. households. Average household income is projected to be $82,782 in five years, compared to $103,679 for all U.S. households. Current per capita income is $33,662 in the area, compared to the U.S. per capita income of $34,136. The per capita income is projected to be $38,168 in five years, compared to $39,378 for all U.S. households. INCOME Page 39 2026 Vacant Housing Units 1,333 9,731 21,858 2026 Renter Occupied Housing Units 2,632 14,452 36,808 2026 Owner Occupied Housing Units 1,067 21,741 62,882 2026 Total Housing Units 5,032 45,925 121,548 2021 Vacant Housing Units 1,289 9,763 21,878 2021 Renter Occupied Housing Units 2,529 14,267 36,536 2021 Owner Occupied Housing Units 997 20,970 60,317 2021 Total Housing Units 4,815 45,000 118,732 2010 Vacant Housing Units 1,058 9,444 21,590 2010 Renter Occupied Housing Units 2,125 13,787 33,795 2010 Owner Occupied Housing Units 917 20,090 57,336 2010 Total Housing Units 4,100 43,321 112,721 2000 Vacant Housing Units 699 6,233 15,825 2000 Renter Occupied Housing Units 1,985 12,373 29,403 2000 Owner Occupied Housing Units 1,092 21,893 61,855 2000 Total Housing Units 3,776 40,499 107,083 2021 Housing Affordability Index 66 106 119 1 mile 3 miles 5 miles Currently, 50.8% of the 118,732 housing units in the area are owner occupied; 30.8%, renter occupied; and 18.4% are vacant. Currently, in the U.S., 57.3% of the housing units in the area are owner occupied; 31.2% are renter occupied; and 11.5% are vacant. In 2010, there were 112,721 housing units in the area - 50.9% owner occupied, 30.0% renter occupied, and 19.2% vacant. The annual rate of change in housing units since 2010 is 2.34%. Median home value in the area is $237,203, compared to a median home value of $264,021 for the U.S. In five years, median value is projected to change by 3.08% annually to $276,012. HOUSING Page 40 Market Area Conclusion The subject is located in Downtown Clearwater, FL. The area is nearly completely developed. The neighborhood is well located and is within commuting distance of other areas of Pinellas County and surrounding communities along the barrier islands. The accessibility of the locale is enhanced by its proximity to Court St and S Missouri Ave. Given its location characteristics and being mostly built-out, a slow population growth is expected within 3 miles of the subject over the next several years. Demand for properties is expected to be stable to increasing with the new Imagine Clearwater waterfront development. The long-term outlook for the neighborhood is anticipated to be one of continued slow growth, re-development, and demand into the foreseeable future. Page 41 Office Market Analysis The subject property is classified as a property within the general Tampa Bay MSA market area based property classifications from the CoStar Group, Inc., a leading provider of real estate information services. The following analysis will present a macro level analysis of this property type within the generally defined market area of Tampa Bay MSA and a micro level analysis of this property type which is defined as the Downtown Clearwater submarket. Tampa Bay MSA Market Area The following table presents the historical market performance for the market area. Tampa Bay MSA Market Office Market Statistics Vacancy Direct Quarter Rate Rental Rate 2022 Q1 10,682 127,260,208 654,333 6 65,156 (303,116)8.1%$25.23 2021 Q4 10,677 127,198,190 600,739 3 14,500 (86,575)7.9%$24.70 2021 Q3 10,676 127,463,306 585,056 8 540,028 232,256 7.9%$24.15 2021 Q2 10,668 126,923,278 990,584 15 443,196 358,018 8.3%$23.81 2021 Q1 10,656 126,560,603 1,381,124 15 651,285 (181,305)8.1%$23.66 2020 Q4 10,643 125,916,719 1,875,409 13 356,609 (211,688)7.5%$23.00 2020 Q3 10,634 125,692,688 2,075,020 11 157,421 (185,175)7.0%$23.01 2020 Q2 10,623 125,534,883 1,997,474 13 282,486 201,136 6.6%$22.61 2020 Q1 10,613 125,273,734 2,183,902 12 264,271 114,621 6.4%$22.72 2019 Q4 10,606 125,038,218 2,310,953 6 373,406 190,795 6.7%$22.56 2019 Q3 10,607 124,733,352 2,313,627 13 103,475 124,933 6.8%$22.02 2019 Q2 10,609 124,739,970 1,922,432 8 54,991 (84,502)6.9%$21.03 2019 Q1 10,603 124,722,202 1,275,299 10 246,550 98,223 6.8%$20.94 2018 Q4 10,595 124,549,623 1,000,156 7 38,800 62,070 6.8%$20.34 2018 Q3 10,594 124,667,450 656,395 12 508,740 414,762 7.0%$20.32 2018 Q2 10,584 124,170,871 1,020,032 2 7,370 285,334 6.9%$19.99 2018 Q1 10,586 124,250,852 706,575 10 227,829 171,252 7.2%$19.64 2017 Q4 10,591 124,326,682 881,959 7 102,738 17,363 7.1%$19.54 2017 Q3 10,589 124,339,582 470,377 10 35,184 113,037 7.2%$19.36 2017 Q2 10,581 124,333,298 499,561 16 238,467 383,167 7.4%$19.24 Minimum 10,581 124,170,871 470,377 2 7,370 (303,116)6.4%$19.24 Maximum 10,682 127,463,306 2,313,627 16 651,285 414,762 8.3%$25.23 Median 10,608 124,889,094 1,010,094 10 233,148 113,829 7.1%$22.29 Mean 10,621 125,384,785 1,270,050 10 235,625 85,730 7.2%$21.89 Net Absorption SF Total Number of Buildings Total Inventory Under Construction Buildings Delivered Square Feet Delivered Inventory The Tampa Bay MSA market contains an overall inventory of 127,260,208 square feet of rentable area within 10,682 buildings. This equates to an average building size of 11,914 square feet. ConstructionThere is currently 654,333 square feet of space under construction in the market area. There were 20 quarters that reported construction over the past five years. The largest amount of construction during this time period was in the third quarter of 2019, with 2,313,627 square feet constructed. Deliveries The most recent quarter reported 6 buildings delivered, containing 65,156 square feet of rentable area. There has been a total of 4,712,502 square feet in 197 buildings over the past five years. Absorption The most recent quarter reported negative 303,116 square feet of absorption. Absorption in the market over the past five years has been positive with an aggregate of 1,714,606 square feet absorbed. Page 42 Rental Rates and Vacancy The average quoted rental rate in the Tampa Bay MSA market was $25.23 per square foot for the most recent quarter. This represents the highest rental rate over the past 20 quarters. The lowest rental rate over the past five years in the market was in the second quarter of 2017 at $19.24 per square foot. The vacancy rate in the Tampa Bay MSA market was 8.1% in the most recent quarter. The following table presents the vacancy rate and rental rate relationship for the market area. Vacancy-Rental Rate Comparison 0 0.01 0.02 0.03 0.04 0.05 0.06 0.07 $0.0 $2.0 $4.0 $6.0 $8.0 $10.0 $12.0 $14.0 $16.0 $18.0 Vacancy RatePeriod Rental Rate0.0% 1.0% 2.0% 3.0% 4.0% 5.0% 6.0% 7.0% 8.0% 9.0% $0.0 $5.0 $10.0 $15.0 $20.0 $25.0 $30.0 Vacancy RatePeriod Rental RateThe above graph indicates the market’s vacancy rates have been slowly decreasing over the past five years, while the rental rates have been increasing as the economy continues to improve. Tampa Bay MSA Market Area Conclusion Overall, the Tampa Bay MSA market has been moderately growing with generally positive absorption figures, along with stable rental rates and stable vacancy rates. Based on all data presented, it has been concluded the market area is expected to display moderate growth into the foreseeable future. Page 43 Downtown Clearwater Submarket Area The following table presents the historical market performance for the submarket area. Downtown Clearwater Submarket Office Market Statistics Vacancy Direct Quarter Rate Rental Rate 2022 Q1 353 3,484,074 0 0 0 (182,084)4.8%$17.18 2021 Q4 353 3,484,074 0 0 0 8,408 3.3%$16.56 2021 Q3 353 3,484,074 0 0 0 (491)3.4%$16.90 2021 Q2 353 3,484,074 0 0 0 (6,588)3.5%$16.63 2021 Q1 353 3,484,074 0 0 0 10,621 3.3%$16.31 2020 Q4 353 3,484,074 0 0 0 (33,009)3.7%$16.34 2020 Q3 353 3,484,074 0 0 0 21,093 2.7%$15.97 2020 Q2 353 3,484,074 0 0 0 2,728 3.0%$15.45 2020 Q1 353 3,484,074 0 0 0 2,090 3.4%$15.58 2019 Q4 353 3,484,074 0 0 0 14,510 3.4%$15.22 2019 Q3 353 3,484,074 0 0 0 15,058 3.9%$15.41 2019 Q2 353 3,484,074 0 0 0 28,749 4.3%$15.17 2019 Q1 353 3,484,074 0 0 0 260 4.6%$15.99 2018 Q4 353 3,484,074 0 0 0 64,497 4.8%$15.18 2018 Q3 353 3,484,074 0 0 0 13,905 7.0%$15.19 2018 Q2 353 3,484,074 0 0 0 6,967 7.3%$14.85 2018 Q1 353 3,484,074 0 0 0 (10,134)7.5%$14.15 2017 Q4 353 3,484,074 0 0 0 26,972 7.3%$14.26 2017 Q3 353 3,484,074 0 0 0 (33,976)8.0%$15.01 2017 Q2 353 3,484,074 0 0 0 (8,895)7.0%$14.73 Minimum 353 3,484,074 0 0 0 (182,084)2.7%$14.15 Maximum 353 3,484,074 0 0 0 64,497 8.0%$17.18 Median 353 3,484,074 0 0 0 4,848 4.1%$15.43 Mean 353 3,484,074 0 0 0 (2,966)4.8%$15.60 Number of Buildings Total Inventory Under Construction Net Absorption SF Total Buildings Delivered Square Feet Delivered Inventory The Downtown Clearwater submarket contains an overall inventory of 3,484,074 square feet of rentable area within 353 buildings. This equates to an average building size of 9,870 square feet. ConstructionThere is currently no space under construction in the market area. -- Deliveries The most recent quarter reported no deliveries. Absorption The most recent quarter reported negative 182,084 square feet of absorption. Absorption in the market over the past five years has been negative with an aggregate of 59,319 square feet absorbed. Page 44 Rental Rates and Vacancy The average quoted rental rate in the Downtown Clearwater market was $17.18 per square foot for the most recent quarter. This represents the highest rental rate over the past 20 quarters. The highest rental rate over the past five years in the market was in the first quarter of 2022 at $17.18 per square foot. The lowest rental rate over the past five years in the market was in the first quarter of 2018 at $14.15 per square foot. The vacancy rate in the Downtown Clearwater market was 4.8% in the most recent quarter. The following table presents the vacancy rate and rental rate relationship for the market area. Vacancy-Rental Rate Comparison 0 0.01 0.02 0.03 0.04 0.05 0.06 $0.0 $2.0 $4.0 $6.0 $8.0 $10.0 $12.0 $14.0 $16.0 $18.0 $20.0 Vacancy RatePeriod Rental Rate0.0% 1.0% 2.0% 3.0% 4.0% 5.0% 6.0% 7.0% 8.0% 9.0% $0.0 $2.0 $4.0 $6.0 $8.0 $10.0 $12.0 $14.0 $16.0 $18.0 $20.0 Vacancy RatePeriod Rental RateThe above graph indicates the market’s vacancy rates have been decreasing over the past five years, while the rental rates have been increasing as the economy continues to improve. Downtown Clearwater Market Area Conclusion Overall, the Downtown Clearwater submarket has been moderately growing with generally negative absorption figures, along with stable rental rates and stable vacancy rates. Based on all data presented, the submarket displays similar fundamentals compared to the market area; and it has been concluded the submarket area is expected to display moderate growth into the foreseeable future. Page 45 Legal Description Page 46 Page 47 Subject Photographs Exterior Exterior Exterior Exterior Page 48 Subject Photographs Exterior Exterior Exterior Exterior Page 49 Subject Photographs View Looking East on Pierce St (Subject on Left) View Looking North on S Osceola Ave (Subject on Right) Page 50 Plat Map (Outline is Approximate) Source: Pinellas County Property Appraiser Aerial Map (Outline is Approximate) Source: Pinellas County Property Appraiser Page 51 Flood Map Page 52 Land Sale Comparables ID 21712 Address 1258 & 1271 Court St City Clearwater State FL Zip 33756 County Pinellas Latitude 27.96135442 Longitude -82.78481627 Tax ID 15-29-15-38574-015-0060 Property Major Type Land Property Type Commercial Address 1258 & 1271 Court St Date 11/17/2021 City Clearwater Price $425,000 State FL Price per Acre $1,037,952 Zip 33756 Price per Land SF $23.83 Tax ID 15-29-15-38574-015-0060 Financing Conventional Grantor DJ Court, LLC Property Rights Fee Simple Grantee A.M.A. Sunshine Car Wash, LLC Conditions of Sale Arm's Length Legal Description Long Legal Days on Market Acres 0.41 Topography Gently Sloping Land SF 17,836 Zoning D Road Frontage Court St and Santa Rosa St Flood Zone Zone X Shape Irregular Encumbrance or Easement None Noted Utilities Available to Site Environmental Issues None Noted This 17,836 SF commercial land property located North of Court St and South of Santa Rosa St was sold on November 17, 2021, for a reported price of $425,000. This property was then two parcels that were merged into one after purchase. The buyer received approvals for the development of a 14-unit multifamily property. Site Transaction Land Comparable 1 Sale Comments Page 53 ID 21713 Address 701-714 N Fort Harrison Ave City Clearwater State FL Zip 33755 County Pinellas Latitude 27.97279461 Longitude -82.7998959 Tax ID 09-29-15-52200-000-0041 , 09- 29-15-52200-000-0010 , 09-29- 15-52200-000-0050 , 09-29-15- 52200-000-0040 Property Major Type Residential Property Type Residential Land (1 to 4 Lots) Address 701-714 N Fort Harrison Ave Date 12/16/2021 City Clearwater Price $1,600,000 State FL Price per Acre $2,085,261 Zip 33755 Price per Land SF $47.87 Tax ID 09-29-15-52200-000-0041 , 09-Financing Conventional Grantor Osceola Properties, Inc.Property Rights Fee Simple Grantee Caeruleum Development, LLC Conditions of Sale Arm's Length Legal Description Long Legal Days on Market 749 Acres 0.77 Topography Gently Sloping Land SF 33,423 Zoning D Road Frontage N Fort Harrison Ave, N Osceola Flood Zone Zone X Shape Rectangular Encumbrance or Easement None Noted Utilities All to Site Environmental Issues None Noted This 0.77-acre property located at 701-714 N Fort Harrison Ave, Clearwater, FL was sold on December 16, 2021, for a reported price of $1,600,000. The property sold with 7 apartments fully occupied and was marketed as an interim use during permitting and planning. According to the broker, the buyer expressed intentions to demolish the existing structures and redevelop the property. The property was previously owned by Osceola Properties Inc. The seller was represented by Gro Miller at Sunshine Professional Realty Corp. Land Comparable 2 Sale Comments Site Transaction Page 54 ID 21711 Address 639-645 Chestnut St City Clearwater State FL Zip 33756 County Pinellas Latitude 27.96042622 Longitude -82.7971478 Tax ID 15-29-15-54450-019-0030 Property Major Type Land Property Type Commercial Address 639-645 Chestnut St Date 3/15/2022 City Clearwater Price $960,000 State FL Price per Acre $1,319,914 Zip 33756 Price per Land SF $30.30 Tax ID 15-29-15-54450-019-0030 Financing Conventional Grantor Chestnut Development Property Rights Fee Simple Grantee Chestnut & Trail LLC Conditions of Sale Arm's Length Legal Description MAGNOLIA PARK BLK 19, LOTS Days on Market 5361 Acres 0.73 Topography Gently Sloping Land SF 31,682 Zoning D Road Frontage Chestnut St Flood Zone Zone X Shape Rectangular Encumbrance or Easement None Noted Utilities Available to Site Environmental Issues None Noted Transaction Land Comparable 3 This 0.73-acre commercial land property located at 645 Chestnut St, Clearwater, FL was sold on April 4, 2022, for a reported price of $960,000. The seller reports the sale as an arm's length transaction without any approvals. Site Sale Comments Page 55 ID 21786 Address 502 Palm Bluff St City Clearwater State FL Zip 33755 County Pinellas Latitude 27.97761932 Longitude -82.7977378 Tax ID 09-29-15-65466-000-0060, 09- Property Major Type Land Property Type Mixed Use Address 502 Palm Bluff St Date 4/26/2022 City Clearwater Price $1,240,000 State FL Price per Acre $1,778,645 Zip 33755 Price per Land SF $40.83 Tax ID 09-29-15-65466-000-0060, 09-Financing Conventional Grantor Palm Bluff Properties Llc Property Rights Fee Simple Grantee S & T Investors Group 1 LLC Conditions of Sale Arm's Length Legal Description Long Legal Days on Market 180 Acres 0.70 Topography Gently Sloping Land SF 30,368 Zoning C Road Frontage Palm Bluff, N Garden Ave and N Flood Zone Zone X Shape Irregular Encumbrance or Easement None Noted Utilities All to Site Environmental Issues None Noted Sale Comments This 0.7-acre commercial land property located at 502 Palm Bluff St, Clearwater, FL was sold on April 26, 2022, for a reported price of $1,240,000. The properties sold with well-maintained residential apartments that will be used for interim use. The buyer intends to redevelop the property into a 3-story overnight lodging facility. There were no approvals for redevelopment at the time of sale. Land Comparable 4 Transaction Site Page 56 Definitions Definitions are from The Dictionary of Real Estate Appraisal, 6th Edition (Dictionary), the Uniform Standards of Professional Appraisal Practice (USPAP), and Building Owners and Managers Association International (BOMA). Absolute Net LeaseA lease in which the tenant pays all expenses including structural maintenance, building reserves, and management; often a long-term lease to a credit tenant.1 Amortization The process of retiring a debt or recovering a capital investment, typically through scheduled, systematic repayment of the principal; a program of periodic contributions to a sinking fund or debt retirement fund.1 As Is Market Value The estimate of the market value of real property in its current physical condition, use, and zoning as of the appraisal date.1 Base RentThe minimum rent stipulated in a lease.1 Base Year The year on which escalation clauses in a lease are based.1 Building Common Area In office buildings, the areas of the building that provide services to building tenants but which are not included in the office area or store area of any specific tenant. These areas may include, but shall not be limited to, main and auxiliary lobbies, atrium spaces at the level of the finished floor, concierge areas or security desks, conference rooms, lounges or vending areas, food service facilities, health or fitness centers, daycare facilities, locker or shower facilities, mail rooms, fire control rooms, fully enclosed courtyards outside the exterior walls, and building core and service areas such as fully enclosed mechanical or equipment rooms. Specifically excluded from building common area are floor common areas, parking space, portions of loading docks outside the building line, and major vertical penetrations.2 Building Rentable Area The sum of all floor rentable areas. Floor rentable area is the result of subtracting from the gross measured area of a floor the major vertical penetrations on that same floor. It is generally fixed for the life of the building and is rarely affected by changes in corridor size or configuration.2 Certificate of Occupancy (COO) A formal written acknowledgment by an appropriate unit of local government that a new construction or renovation project is at the stage where it meets applicable health and safety codes and is ready for commercial or residential occupancy.1 Common Area Maintenance (CAM)The expense of operating and maintaining common areas; may or may not include management charges and usually does not include capital expenditures on tenant improvements or other improvements to the property.1 The amount of money charged to tenants for their shares of maintaining a [shopping] center’s common area. The charge that a tenant pays for shared services and facilities such as electricity, security, and maintenance of parking lots. Items charged to common area maintenance may include cleaning services, parking lot sweeping and maintenance, snow removal, security and upkeep.3 Condominium A multiunit structure, or a unit within such a structure, with a condominium form of ownership.1 Conservation EasementAn interest in real estate restricting future land use to preservation, conservation, wildlife habitat, or some combination of those uses. A 1 Dictionary of Real Estate Appraisal, 6th Edition 2 Building Owners and Managers Association (BOMA) 3 International Council of Shopping Centers (ICSC), 4th Edition conservation easement may permit farming, timber harvesting, or other uses of a rural nature as well as some types of conservation-oriented development to continue, subject to the easement.1 Contributory Value A type of value that reflects the amount a property or component of a property contributes to the value of another asset or to the property as a whole. The change in the value of a property as a whole, whether positive or negative, resulting from the addition or deletion of a property component. Also called deprival value in some countries.1 Depreciation 1) In appraisal, a loss in property value from any cause; the difference between the cost of an improvement on the effective date of the appraisal and the market value of the improvement on the same date. 2) In accounting, an allocation of the original cost of an asset, amortizing the cost over the asset’s life; calculated using a variety of standard techniques.1 Disposition ValueThe most probable price that a specified interest in property should bring under the following conditions: Consummation of a sale within a specified time, which is shorter than the typical exposure time for such a property in that market. The property is subjected to market conditions prevailing as of the date of valuation; Both the buyer and seller are acting prudently and knowledgeably; The seller is under compulsion to sell; The buyer is typically motivated; Both parties are acting in what they consider to be their best interests; An adequate marketing effort will be made during the exposure time; Payment will be made in cash in U.S. dollars (or the local currency) or in terms of financial arrangements comparable thereto; and The price represents the normal consideration for the property sold, unaffected by special or creative financing or sales concessions granted by anyone associated with the sale.4 Easement The right to use another’s land for a stated purpose.1 Effective Date 1. The date on which the appraisal or review opinion applies. (SVP) 2. In a lease document, the date upon which the lease goes into effect.1 Effective Gross Income (EGI) The anticipated income from all operations of the real estate after an allowance is made for vacancy and collection losses and an addition is made for any other income.1 Effective Rent Total base rent, or minimum rent stipulated in a lease, over the specified lease term minus rent concessions; the rent that is effectively paid by a tenant net of financial concessions provided by a landlord. (TIs).1 Excess LandLand that is not needed to serve or support the existing use. The highest and best use of the excess land may or may not be the same as the highest and best use of the improved parcel. Excess land has the potential to be sold separately and is valued separately.1 4 Dictionary of Real Estate Appraisal, 6th Edition Page 57 Expense Stop A clause in a lease that limits the landlord’s expense obligation, which results in the lessee paying operating expenses above a stated level or amount.1 Exposure Time 1) The time a property remains on the market. 2) The estimated length of time that the property interest being appraised would have been offered on the market prior to the hypothetical consummation of a sale at market value on the effective date of the appraisal; Comment: Exposure time is a retrospective opinion based on an analysis of past events assuming a competitive and open market.1 Extraordinary Assumption An assignment-specific assumption as of the effective date regarding uncertain information used in an analysis which, if found to be false, could alter the appraiser’s opinions or conclusions. Comment: Uncertain information might include physical, legal, or economic characteristics of the subject property; or conditions external to the property, such as market conditions or trends; or the integrity of data used in an analysis. (USPAP, 2018-2019 ed.) 5 Fee Simple Estate Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat.1 Floor Common Area In an office building, the areas on a floor such as washrooms, janitorial closets, electrical rooms, telephone rooms, mechanical rooms, elevator lobbies, and public corridors which are available primarily for the use of tenants on that floor.6 Full Service (Gross) Lease A lease in which the landlord receives stipulated rent and is obligated to pay all of the property’s operating and fixed expenses; also called a full service lease.1 Furniture, Fixtures, and Equipment (FF&E) Business trade fixtures and personal property, exclusive of inventory.1 Going-Concern ValueAn outdated label for the market value of all the tangible and intangible assets of an established and operating business with an indefinite life, as if sold in aggregate; more accurately termed the market value of the going concern or market value of the total assets of the business.7 Gross Building Area (GBA) 1) Total floor area of a building, excluding unenclosed areas, measured from the exterior of the walls of the above-grade area. This includes mezzanines and basements if and when typically included in the market area of the type of property involved. 2) Gross leasable area plus all common areas. 3) For residential space, the total area of all floor levels measured from the exterior of the walls and including the superstructure and substructure basement; typically does not include garage space.1 Gross Leasable Area (GLA) Total floor area designed for the occupancy and exclusive use of tenants, including basements and mezzanines; measured from the center of joint partitioning to the outside wall surfaces.1 Gross Up Method A method of calculating variable operating expenses in income-producing properties when less than 100% occupancy is assumed. Expenses reimbursed based on the amount of occupied space, rather than on the total building area, are described as “grossed up.”1 Gross Retail Sellout The sum of the separate and distinct market value opinions for each of the units in a condominium, subdivision development, or portfolio of properties, as of the date of valuation. The aggregate of retail values 5 USPAP, 2018-2019 ed. 6 Building Owners and Managers Association (BOMA) 7 Dictionary of Real Estate Appraisal, 6th Edition does not represent the value of all the units as though sold together in a single transaction; it is simply the total of the individual market value conclusions. Also called the aggregate of the retail values, aggregate retail selling price or sum of the retail values.1 Ground Lease A lease that grants the right to use and occupy land. Improvements made by the ground lessee typically revert to the ground lessor at the end of the lease term.1 Ground Rent The rent paid for the right to use and occupy land according to the terms of a ground lease; the portion of the total rent allocated to the underlying land.1 Hypothetical Condition 1) A condition that is presumed to be true when it is known to be false. (SVP – Standards of Valuation Practice, effective January 1, 2015) 2) A condition, directly related to a specific assignment, which is contrary to what is known by the appraiser to exist on the effective date of the assignment results, but is used for the purpose of analysis. Comment: Hypothetical conditions are contrary to known facts about physical, legal, or economic characteristics of the subject property; or about conditions external to the property, such as market conditions or trends; or about the integrity of data used in an analysis. (USPAP, 2016-2017 ed.)1 Insurable Value A type of value for insurance purposes. (Typically this includes replacement cost less basement excavation, foundation, underground piping and architect’s fees).1 Investment Value The value of a property to a particular investor or class of investors based on the investor’s specific requirements. Investment value may be different from market value because it depends on a set of investment criteria that are not necessarily typical of the market.1 Leased Fee Interest The ownership interest held by the lessor, which includes the right to receive the contract rent specified in the lease plus the reversionary right when the lease expires.1 Leasehold Interest The right held by the lessee to use and occupy real estate for a stated term and under the conditions specified in the lease.1 Liquidation Value The most probable price that a specified interest in property should bring under the following conditions: Consummation of a sale within a short time period. The property is subjected to market conditions prevailing as of the date of valuation. Both the buyer and seller are acting prudently and knowledgeably. The seller is under extreme compulsion to sell. The buyer is typically motivated. Both parties are acting in what they consider to be their best interests. A normal marketing effort is not possible due to the brief exposure time. Payment will be made in cash in U.S. dollars (or the local currency) or in terms of financial arrangements comparable thereto. The price represents the normal consideration for the property sold, unaffected by special or creative financing or sales concessions granted by anyone associated with the sale.1 Page 58 Market Rent The most probable rent that a property should bring in a competitive and open market reflecting the conditions and restrictions of a specified lease agreement, including the rental adjustment and revaluation, permitted uses, use restrictions, expense obligations; term, concessions, renewal and purchase options and tenant improvements (TIs).1 Market Value The most probable price that a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: Buyer and seller are typically motivated; Both parties are well informed or well advised, and acting in what they consider their own best interests; A reasonable time is allowed for exposure in the open market; Payment is made in terms of cash in United States dollars or in terms of financial arrangements comparable thereto; and The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale.1 Marketing Time An opinion of the amount of time it might take to sell a real or personal property interest at the concluded market value level during the period immediately after the effective date of an appraisal. Marketing time differs from exposure time, which is always presumed to precede the effective date of an appraisal. (Advisory Opinion 7 of the Appraisal Standards Board of the Appraisal Foundation and Statement on Appraisal Standards No. 6, “Reasonable Exposure Time in Real Property and Personal Property Market Value Opinions” address the determination of reasonable exposure and marketing time.)1 Modified Gross Lease A lease in which the landlord receives stipulated rent and is obligated to pay some, but not all, of the property’s operating and fixed expenses. Since assignment of expenses varies among modified gross leases, expense responsibility must always be specified. In some markets, a modified gross lease may be called a double net lease, net net lease, partial net lease, or semi-gross lease.1 Operating Expense Ratio The ratio of total operating expenses to effective gross income (TOE/EGI); the complement of the net income ratio, i.e., OER = 1 – NIR1 Partial Interest Divided or undivided rights in real estate that represent less than the whole, i.e., a fractional interest such as a tenancy in common, easement, or life interest.1 Pass Through A tenant’s portion of operating expenses that may be composed of common area maintenance (CAM), real property taxes, property insurance, and any other expenses determined in the lease agreement to be paid by the tenant.1 Potential Gross Income (PGI) The total income attributable to property at full occupancy before vacancy and operating expenses are deducted.1 Prospective Future Value Upon Completion A prospective market value may be appropriate for the valuation of a property interest related to a credit decision for a proposed development or renovation project. According to USPAP, an appraisal with a prospective market value reflects an effective date that is subsequent to the date of the appraisal report. … The prospective market value –as completed- reflects the property’s market value as of the time that development is expected to be complete.1 Prospective Future Value Upon Stabilization A prospective market value may be appropriate for the valuation of a property interest related to a credit decision for a proposed development or renovation project. According to USPAP, an appraisal with a prospective market value reflects an effective date that is subsequent to the date of the appraisal report …The prospective market value – as stabilized – reflects the property’s market value as of the time the property is projected to achieve stabilized occupancy. For an income-producing property, stabilized occupancy is the occupancy level that a property is expected to achieve after the property is exposed to the market for lease over a reasonable period of time and at comparable terms and conditions to other similar properties.1 Rentable Area For office buildings, the tenant’s pro rata portion of the entire office floor, excluding elements of the building that penetrate through the floor to the areas below. The rentable area of a floor is computed by measuring the inside finished surface of the dominant portion of the permanent building walls, excluding any major permanent penetrations of the floor. Alternatively, the amount of space on which the rent is based; calculated according to local practice.1 Replacement Cost The estimated cost to construct, at current prices as of a specific date, a substitute for a building or other improvements, using modern materials and current standards, design, and layout.1 Reproduction Cost The estimated cost to construct, at current prices as of the effective date of the appraisal, an exact duplicate or replica of the building being appraised, using the same materials, construction standards, design, layout, and quality of workmanship and embodying all of the deficiencies, superadequacies, and obsolescence of the subject building.1 Retrospective Value Opinion A value opinion effective as of a specified historical date. The term retrospective does not define a type of value. Instead, it identifies a value opinion as being effective at some specific prior date. Value as of a historical date is frequently sought in connection with property tax appeals, damage models, lease renegotiation, deficiency judgments, estate tax, and condemnation. Inclusion of the type of value with this term is appropriate, e.g., “retrospective market value opinion.”1 Surplus Land Land that is not currently needed to support the existing use but cannot be separated from the property and sold off for another use. Surplus land does not have an independent highest and best use and may or may not contribute value to the improved parcel.1 Triple Net (Net Net Net) Lease An alternative term for a type of net lease. In some markets, a net net net lease is defined as a lease in which the tenant assumes all expenses (fixed and variable) of operating a property except that the landlord is responsible for structural maintenance, building reserves, and management; also called NNN lease, net net net lease, or fully net lease.1 Value-in-Use The value of a property assuming a specific use, which may or may not be the property’s highest and best use on the effective date of the appraisal. Value in use may or may not be equal to market value but is different conceptually. Page 59 Qualifications Page 60 Page 61 Page 62 APPRAISAL OF DOWNTOWN CORE SITE/LAND ONLY/LAND ONLY (PEACE MEMORIAL PRESBYTERIAN CHURCH PROPERTY) 107 S. OSCEOLA AVENUE CLEARWATER, FLORIDA 33756 (22017) FOR SUZANNE KRAMER, REAL ESTATE SERVICES COORDINATOR ENGINEERING DEPARTMENT CITY OF CLEARWATER 100 S. MYRTLE AVENUE CLEARWATER, FL 33756 May 9, 2022 Suzanne Kramer, Real Estate Services Coordinator Engineering Department City of Clearwater 100 S. Myrtle Avenue Clearwater, FL 33756 Dear Ms. Kramer: Re: Downtown Core Site/Land Only (Peace Memorial Presbyterian Church Property) 107 S. Osceola Avenue, Clearwater, Florida 33756 As requested, I have made a detailed investigation, analysis, and appraisal of the fee simple interest of the referenced property, legally described later in the report. This appraisal has been prepared for our client, City of Clearwater; Intended Use- Assist client in potential purchase of subject property. Intended user- City of Clearwater. In my opinion, the fee simple interest of appraised property, Downtown Core Site/Land Only (Peace Memorial Presbyterian Church Property), 107 S. Osceola Avenue, Clearwater, Florida 33756, had a market value “AS IS”, as of the effective date, May 4, 2022, of FOUR MILLION EIGHT HUNDRED FIFTY-FIVE THOUSAND DOLLARS ($4,855,000). The report is an Appraisal Report, which has been prepared in compliance with the provisions of FIRREA, USPAP, the Interagency Guidelines, and the specific contractual requirements of the client, City of Clearwater. The appraiser meets the competency requirements of USPAP for this assign- ment. The appraiser has not previously appraised subject property nor provided other professional services with respect to it in the last three years. Respectfully submitted, TOBIAS REALTY ADVISORS, LLC C. Richard Tobias, MAI State-Certified General Real Estate Appraiser RZ705 AERIAL VIEW OF SUBJECT NEIGHBORHOOD AERIAL VIEW OF SUBJECT FROM SOUTH AERIAL VIEW OF SITE FROM EAST AERIAL PLAT OF SUBJECT SITE VIEW OF SITE FROM ITS SOUTHWEST CORNER VIEW FROM PIERCE STREET LOOKING NORTH VIEW FROM SOUTHEAST CORNER OF SITE SUBJECT FROM PIERCE STREET LOOKING NORTH ALONG ALLEY 2-STORY BUILDING IN NORTH SECTION OF SITE; VIEW FROM ALLEY 2-STORY BUILDING FRONTING S. OSCEOLA AVENUE PINELLAS COUNTY UTILITIES FACILITY NORTH OF SUBJECT ON S. OSCEOLA AVENUE FORMER CITY HALL PROPERTY DUE WEST OF SUBJECT VIEW SOUTH ON OSCEOLA AV TOWARD COURTHOUSE; SUBJECT AT LOWER LEFT VIEW EAST ON PIERCE STREET TO S. FT. HARRISON AVENUE TOBIAS REALTY ADVISORS, LLC 2 APPRAISAL REPORT Property Identification: Downtown Core Site/Land Only (Peace Memo- rial Presbyterian Church Property), 107 S. Os- ceola Avenue, Clearwater, Florida 33756; the 0.83-acre site is located at the northeast corner of S. Osceola Avenue and Pierce Street in the west edge of Downtown Clearwater in the Downtown Core Character District. Client: Suzanne Kramer, Real Estate Services Coordinator Engineering Department City of Clearwater 100 S. Myrtle Avenue Clearwater, FL 33756 Client Type: Municipality Appraiser: C. Richard Tobias, MAI State Certified General Appraiser, RZ705 Purpose of the Appraisal: To provide the client with an opinion of market value “as is” as defined by the Interagency Ap- praisal and Evaluation Guidelines. USPAP Competency: The appraiser has 42 years of experience in commercial properties of subject’s type in Pinel- las County, Florida. Market Value is “The most probable price which a property should bring in a competitive and open market un- der all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably, and assum- ing the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. Buyer and seller are typically motivated; 2. Both parties are well informed or well advised, and each acting in what they consider their own best interest; 3. A reasonable time is allowed for exposure in the open market; 4. Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and, the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by any- one associated with the sale.” 1 1 Interagency Appraisal and Evaluation Guidelines, Department of the Treasury; December 2010. TOBIAS REALTY ADVISORS, LLC 3 Intended Use Of Report: Assist client in potential purchase of subject property Intended User: City of Clearwater Interest Valued: Fee simple Property Owner: Peace Memorial Presbyterian Church 3-Year Sales History: Subject property has been owned by the church for several decades. The subject property has not been listed for sale or otherwise been under contract during the last three years. A Notice of Commencement was filed March 30, 2022 with the Pinellas County Clerk for asbestos abate- ment and demolition of the 2-story education building on site. Date of Inspection: May 4, 2022 Effective Date of Value: May 4, 2022 Scope of Work: Inspection of the subject site; Analysis of regional and neighborhood data with emphasis upon the market for major sites in Downtown Clearwater; Description of property and site improve- ments; Analysis of zoning, utilities, services, prop- erty taxes, site, and improvements; Highest and best use analysis; Cost approach to value was excluded as the subject is vacant land; Land valuation by sales comparison was un- dertaken as the only relevant approach; re- cent comparable sales of CBD development sites in the Pinellas County market were re- searched and confirmed; adjustments were made to the comparable sales where they materially differed from the subject proper- ty; comparables were analyzed on basis of price per dwelling unit and price per square foot of land area; comparables were ranked based on their overall comparability; results TOBIAS REALTY ADVISORS, LLC 4 of this analysis identified the market value of this property “as is” in fee simple interest Income capitalization approach was exclud- ed as subject is undeveloped land; Reconciliation of the data and values to pro- vide conclusion of market value “as is” in fee simple interest. Legal Description: The South ½ of Lot 11 and all of Lots 12 through 15, Block B, of John R. Davey’s Re- Subdivision (abridged). Zoning: D, Downtown District; City of Clearwater; as such there is a wide variety of permitted uses. The Level 1 uses with minimum standards in- clude multi-family, bars, brewpubs, congregate care facilities, medical clinics, museums, offic- es, hotels, places of worship, research and tech- nology facilities, restaurants, retail, schools, and community centers. In addition to the above permitted uses, Level 1 flexible standard uses include educational facilities, government uses, micro-breweries, and nightclubs. Maximum FAR: 4.0 (would yield building of 144,000 sq. ft. MOL) Maximum Residential Density: 75 units per acre (would yield roughly 62 units) Maximum Hotel Density: 95 units per acre (78 units) Maximum Building Height: Unlimited Future Land Use Plan (FLUP): CBD, Central Business District; current zoning consistent with FLUP. Character District: Downtown Core Tax Parcel Numbers: 16-29-15-20358-002-0110 Property Assessment (2021): $904,573 Millage Rate (2021): 21.2916 TOBIAS REALTY ADVISORS, LLC 5 Real Estate Taxes (2021): $0.00; property 100% exempt as church-owned. DeLorme Street Atlas USA® 2013 NEIGHBORHOOD MAP Data use subject to license. © DeLorme. DeLorme Street Atlas USA® 2013. www.delorme.com TN MN (5.9°W) 0 400 800 1200 1600 2000 0 140 280 420 560 700 ftm Scale 1 : 16,000 1" = 1,333.3 ft Data Zoom 13-6 TOBIAS REALTY ADVISORS, LLC 6 Neighborhood Description: The subject property is located at 107 S. Osceola Avenue (at the northeast corner of Osceola and Pierce) due east of the former Clearwater City Hall; site is also located in the west edge of Downtown Clearwater in the Downtown Core Character District; the property sits on a bluff over- looking Clearwater Harbor and Memorial Causeway leading to Clearwater Beach. Clearwater is the county seat of Pinellas County and its second largest municipality (117,698); it is located in north central Pinellas and spans roughly two-thirds of the peninsula from Clearwater Beach eastward to McMullen- Booth Road; the city’s northerly limits are at Union Street approximately 1.9 miles north of the subject site. According to the 2000 U.S. Census, the population of Clearwater was 109,268, making it the second largest community in Pinellas County behind St. Petersburg (247,894); as of 2010 Clearwater’s population had de- clined slightly to 108,759; as of 2021 the population has grown by 8.2% to 117,698. St. Petersburg is located at the south end of the county, approximately 12 miles south of the subject property; Downtown Clearwater (Core Dis- trict), site of the Pinellas County Courthouse and gov- ernment center, is the location of the subject. Clearwater is a sprawling community bounded on the north by Palm Harbor and Dunedin and on the south by Largo; it ex- tends across the Pinellas peninsula from Clearwater Beach eastward approximately 7 miles to Old Tampa Bay. U.S. Highway 19 is a six-lane, limited access highway; there is an elevated interchange with Gulf-to-Bay Boule- vard, 4.0 miles east of the subject. It is the primary north/south artery in Pinellas County and along much of Florida's west coast. According to the latest FDOT Traf- fic Count Map, approximately 119,000 cars utilize this roadway daily in Clearwater. Gulf-to-Bay Boulevard (SR 60) is a six-lane, east/west artery spanning the center portion of Clearwater; it lies ½ mile south of Drew Street and is the primary commercial artery linking US Highway 19 and the CBD; daily traffic TOBIAS REALTY ADVISORS, LLC 7 count is 51,500 just east of the intersection of Court Street and Highland Avenue; volume drops significantly to 5,000 in the northwest leg of Gulf-to-Bay, which links with Cleveland Street. Cleveland Street lies 2 blocks north of the subject and provides linkage within the CBD; it extends 1.2 miles west through Downtown, where it terminates at Coach- man Park (site of Imagine Clearwater) just ¼ mile north- west of the subject property; Cleveland had formerly been the approach to Clearwater Causeway, which links the CBD with Clearwater Beach; following the construc- tion of the new, elevated span the beach traffic is routed west on Court Street through the CBD. Court Street (SR 60) lies 2 blocks south of the subject and provides linkage within the CBD; it extends from the Highland Avenue intersection west through the CBD to Clearwater’s Memorial Causeway (to Clearwater Beach); following the construction of the new span the beach traf- fic is now routed west on Court Street through the CBD, where the daily traffic count is 15,500. Drew Street (SR 590) is 0.3 miles north of the subject and acts as an alternative east/west artery linking US Highway 19 with the CBD; it carries 13,500 cars per day in the west section. Keene Road (CR 1) is 2.0 miles east of the subject; it is a 4-lane, north/south artery linking Clearwater with Largo and Seminole to the south as well as Dunedin and Palm Harbor to the north; traffic count is 27,359 south of Gulf- to Bay. Ft. Harrison Avenue is ½ block east of the subject; it is a 2-lane, north/south roadway linking the Downtown Core Area with Old Bay District; at the Dunedin city lim- its it becomes Edgewater Drive; traffic count is 14,862 in South Gateway just south of the Core; South Ft. Harrison extends south from the Core District accessing Morton Plant Hospital (0.3 miles south of subject) and the area known as South Gateway. TOBIAS REALTY ADVISORS, LLC 8 Myrtle Avenue lies 4 blocks east of the subject site; it is a multi-lane, north/south artery extending through the east portion of the Core District roughly 0.3 miles east of S. Ft. Harrison Avenue; it currently carries 15,600 cars per day in Downtown Clearwater. The highway infrastructure described above provides av- erage to good access to most population centers through- out Pinellas County and the greater Tampa Bay area. Access is particularly good from Largo, Dunedin, and Safety Harbor to the east as well as the Clearwater CBD Core. Morton Plant Hospital is a primary traffic generator for the CBD. It is the 5th largest medical center in the Tampa Bay area with 687 beds and 546 affiliated physicians; Morton Plant is also a major employer in the county with 2,200 employees. Similar to most major hospitals in the area it has attracted extensive satellite development of medical offices, clinics, outpatient centers, and other healthcare relate uses. Some ancillary office development has extended east of the Core District but the bulk of this activity lies in the South Gateway District. As the county seat, downtown Clearwater is home to many Pinellas County government and agency offices that employ several thousand persons. The county court- house and government complex, which are located west of South Ft. Harrison between Court and Chestnut Streets, has steadily expanded over the last 20 years to the surrounding blocks. The City of Clearwater houses its numerous employees and departments in several loca- tions throughout the Core District but primarily 3 blocks east of the subject (Municipal Services Center, Police Headquarters, and Fire Department Headquarters). Another major factor that has influenced downtown Clearwater for the past three decades is the Church of Scientology (COS). This religious group has its interna- tional headquarters located in the Ft. Harrison Hotel, just north of the county courthouse and south of the subject. A substantial administrative staff is located at this facility on a permanent basis, and thousands of church members TOBIAS REALTY ADVISORS, LLC 9 regularly visit Clearwater for extended periods of training and study. Over the years the COS has steadily expanded its property holdings throughout the Downtown Core area and northward into Old Bay. The Flag Building (or Super Power Building) is a 7-story, 353,000-square foot facility that opened in 2103 after several years of construction; it is located ½ block east of the subject property. A multi- level parking structure supporting the COS facilities is located 2 blocks southeast. In the block southwest of the subject is the church’s Oak Cove retreat, a 13-story con- dominium with 232 units built in 1975 (1.8-acre site). The church's headquarters has generated an enormous economic impact in terms of housing, retail sales and ser- vices in the downtown area. Several high-rise condominiums were built in downtown Clearwater during the recent development boom (2004 through 2006); most of these projects experienced stalled sellouts as the market collapsed in mid-2006, followed by the credit crisis and national recession. A modest recov- ery commenced in 2013 with a resumption of condomini- um sales in Downtown. Also, a 257-unit, high-end, rental community (The Nolen) was developed in 2016/2017 in the Prospect Lake area east of Downtown. 1100 Apex, a 15-story complex, was completed in 2019 and has 134, market-level, rental units. Other smaller multi-family pro- jects have also had reasonable success in the recovery pe- riod in Downtown. One block north of the subject on S. Osceola Avenue is the Waters Edge Condominium, a 26-story complex with 155 residential units built in 2008; after a troubled start during the market collapse we now see resales averaging $650,000 in the lower and mid-level floors to $1,575,000 for a 3,400-square foot penthouse on the 26th floor. The former City Hall property and the former Aquarium par- cel (SW corner of Osceola and Pierce) represent A+ con- dominium or hotel sites similar to Waters Edge; the only negative aspect is that they will tend to diminish the view amenity of the Harbor for the subject site on the east side of Osceola Avenue. TOBIAS REALTY ADVISORS, LLC 10 The City of Clearwater embarked in early 2018 on the design phase of Imagine Clearwater, a beautification and revitalization project covering 66 acres in the Coachman Park area overlooking Clearwater Harbor (two blocks northwest of the subject site). This will include an expan- sion of the band shell to encourage larger entertainment opportunities in Downtown, thus driving greater demand for goods and services for Clearwater businesses. This $84 million project, which will follow the extensive in- frastructure investments of recent years (Memorial Causeway Bridge, Town Lake drainage, Cleveland Street re-design, Capitol Theater rehab, and others) should pro- vide the impetus for additional Downtown housing simi- lar to what has been experienced in St. Petersburg and Tampa. Assuming national economic prosperity continues, Downtown Clearwater appears poised to finally achieve the growth and revitalization many of the urban centers in Florida have experienced in the last 5+ years. The Core District will likely see new, high-end, condominium and apartment development in the next few years and the cen- tral and east sections should experience moderate-priced condominium and rental apartment development similar to the Nolen project in the Town Lake area east of the Core District. This will result in some block consolidation and assemblage with upward trending land prices where older obsolete structures are absorbed and razed. The Downtown Clearwater market is unlike any other in Tampa Bay and possibly, the State of Florida. The magni- tude of the involvement of COS in this market over- whelms it. The motivations of sales and purchases by COS and its members stand apart from those of on non- COS investors. As a result we see transactions involving COS and affiliates sometimes reflecting price ranges typ- ical of the broader market but many times greatly exceed- ing strict economic metrics. Summarizing, the Downtown Clearwater market is extremely asymmetrical because of these atypical seller/buyer motivations and the economic- based investors are confronted with a confusing and diffi- cult business environment in an otherwise exceptional CBD. TOBIAS REALTY ADVISORS, LLC 11 Utilities/Services: Water: Clearwater Sewer: Clearwater Electric: Duke Energy Telephone: Frontier Communications Police: Clearwater Police Department Fire/EMS: Clearwater Fire & Rescue Public Transportation: PSTA (bus) Site Data: Physical Location: Northeast corner of S. Osceola Avenue and Pierce Street, Downtown Clearwater Survey: None available Street Address: 107 S. Osceola Avenue Land Area: 36,000 square feet or 0.83 acres MOL Configuration: Rectangular Site Position: Corner (non-signalized) Primary Frontage: 225 Feet MOL; west side of S. Osceola Avenue Secondary Frontage: 160 Feet MOL; north side of Pierce Street Additional Frontage: 225 Feet MOL; west side of public alley Average Depth: 160 Feet MOL (East/West) Land/Bldg. Ratio: 2.4:1 (considering existing 2-story structure) Developed FAR: 0.42 Topography/Drainage: Level site at road grade; parcel sits on a bluff over- looking Clearwater Harbor roughly ¼ mile to west; good drainage typical of the immediate area Easements: Typical utility and drainage easements TOBIAS REALTY ADVISORS, LLC 12 Encroachments: None apparent Flood Designation: Zone X-Unshaded, area of minimal flood hazard; FEMA Map Panel 12103C 0108H; May 17, 2005 Visibility Good visibility from surrounding streets Access: Above average access by virtue of street frontage on two sides of tract and alley to east View Amenity: Site has good views of Clearwater Harbor, marina, Coachman Park, and distant views of Clearwater Beach at present; this amenity will be diminished with development of former City Hall and Aquari- um parcels to west Conclusion: The site’s primary assets are its relatively large size for CDB, west edge location in Core District, good dimensions and configuration, as well as its limited view amenities. TOBIAS REALTY ADVISORS, LLC 13 Highest and Best Use: The subject property is an above average sized site front- ing two streets in the west edge of the Core District of Downtown Clearwater. It has some favorable aspects that are balanced by some negative conditions. The positive factors include: 1- Location in west edge of Downtown Clearwater Core District overlooking Memorial Causeway and Clear- water Harbor 2- Several access points with frontage on two local streets and a public alley 3- Above average visibility and limited view amenities 4- Cleveland Street 2 blocks north and S. Ft. Harrison Avenue ½ block east 5- All public utilities and services available 6- Zoning is D, Downtown District located in Core Character District 7- Future Land Use Plan is CBD, Central Business Dis- trict 8- Good highway infrastructure linking several commu- nities in Pinellas County 9- Complimentary uses in immediate area such as offic- es, government buildings, high-rise condominiums and major CBD properties 10- Site is designated as minimal flood hazard 11- Close proximity to Coachman Park in Downtown Core and the approved expansion of waterfront park land in the Imagine Clearwater program 12- Steady improvement in commercial market since 2012 with upward trend in rents and occupancy 13- Residential market in 10th year of steady recovery in Pinellas County; condominium development has surged in Tampa and St. Petersburg but to a lesser de- gree in Clearwater 14- Much better equity and credit availability than 2009- 2012 period 15- Steady improvement in employment in Pinellas County and Tampa Bay area TOBIAS REALTY ADVISORS, LLC 14 The subject property also has some negative aspects that include: 1- Economic disruption over last 24 months due to glob- al pandemic 2- Clearwater CBD market has lagged behind those of Tampa and St. Petersburg in redevelopment 3- Recent emergence of high inflation with expected in- creases in interest rates Given the mostly positive assessment of the subject prop- erty and its market, I have concluded highest and best use to be high-rise, residential condominium development. Marketability: Subject property’s marketability is rated good at this time. This assessment is based on the economic factors enumerated in the highest and best use analysis and the input of local commercial brokers. Potential buyers are likely to be national and regional condominium develop- ers. Estimated Marketing Time: 12 months Estimated Exposure Time: 12 months Valuation Process: Cost approach was excluded as the subject property is vacant land with highest and best use as a high-rise condominium development. Sales comparison approach (Land) was adopted as the sole, relevant methodology as prime CBD sites are regularly traded in the Tampa Bay area; the most common units of measure in the market are price per square foot of land area or price per developable dwelling unit. Income capitalization approach was excluded as the subject property is vacant land with highest and best use as a high-rise condominium development. TOBIAS REALTY ADVISORS, LLC 15 Land Valuation- The procedure involves estimation of land value by the sales comparison approach, compar- ing subject site with similar sites which have recently sold. These comparable sales are re- duced to a common denominator or unit of comparison, such as price per square foot or price per dwelling unit. Adjustments are made to the sale properties for such factors as changes in market conditions since date of sale, zoning, location, and physical characteristics, reducing dissimilarities and arriving at an estimate of value for the subject site. I have selected six CBD land sales from two, major Pinellas County markets (Clearwater and St. Petersburg) as the best available indicators of subject’s current land value. The St. Peters- burg sales were included as that market is more advanced than Clearwater with respect to high-rise, multi-family redevelopment and the corresponding level of activity. It is apparent that the Downtown Clearwater condominium market is set to erupt as there have been some recent successes such as Marina Bay in the Old Bay District and strong re-sales in Waters Edge (2008) and Bay View (2004). Also, the locational and functional aspects of the subject site identify it as a prime condominium target by the numerous developers already active in Pinellas County. For these reasons I have expanded the market research to include St. Peters- burg and have also focused the analysis upon a price per developable unit basis. Subject site is calculated to have a reasonable capacity of 62 units at the maximum density of 75 units per acre. COMPARATIVE ANALYSIS: The reader is referred to the Comparable Land Sales chart on page 18, which summarizes the comparative analysis on a price per square foot basis. Land Sale 1 is the pending purchase of the 1.09-acre, Fire Station 45 (closed) property locat- ed two blocks east of the subject site in the Core District; first, an upward adjustment was indicated for the 2019 contract date; the location was rated much inferior to the subject due to the subject’s position in the west edge and its view amenities of Clearwater Harbor, etc.; also, the sale was rated slightly inferior to subject in physical factors(corner and dimensions); oth- er categories produced neutral comparisons; Sale 1 indicated a unit value of $34,568 per dwelling unit, which establishes the lower limit of the range; this property is clearly identi- fied as a rental apartment site as opposed to a high-value, condominium project. Land Sale 2 is the assemblage purchase in April 2019 of a 4.01-acre, under-developed prop- erty 1.5 blocks north of the Core District in Old Bay; first, upward adjustment was applied for improvement in market conditions since 2019; the location was rated inferior to the sub- ject (Old Bay versus Core District) and lack of harbor proximity; also, the sale was rated slightly inferior to subject in physical factors(corner and dimensions); other categories pro- duced neutral comparisons; Sale 2 indicated a unit value of $60,028 per dwelling unit, which TOBIAS REALTY ADVISORS, LLC 16 is 21% less than the mean of the data ($76,240). This property also is identified as better candidate for rental apartments than condominiums. Land Sale 3 is the assemblage purchase in December 2021 of a 0.77-acre, 4-parcel, under- developed property in Old Bay; the location was rated inferior to the subject in the Core Dis- trict but this site has some potential as a mid-rise, condominium with limited water views; other categories produced neutral comparisons; Sale 3 indicated a unit value of $77,439 per dwelling unit, which is 6.2% less than the mean of the data ($76,240). Land Sale 4 is the assemblage purchase in early 2018 of a 1.28-acre, under-developed prop- erty two blocks southwest of the subject in the Core District; first, an upward adjustment was applied for improvement in market conditions since 2018; the location was rated inferior to the subject as it has considerable potential as a hotel site but lacks the water view amenities of the subject; other categories produced neutral comparisons; Sale 4 indicated a unit value of $67,813 per unit, which is 11% less than the mean of the data ($76,240). Land Sale 5 is the purchase in 2013 of a 0.54-acre, under-developed property near Straub Park and Tampa Bay in St. Petersburg; first, a large upward adjustment was applied for im- provement in market conditions since 2013; the location was rated much superior as it has similar water views as the subject but the St. Petersburg market is well ahead of Clearwater in condominium development and sales activity; also, the sale was rated slightly inferior to subject in physical factors(corner and dimensions); other categories produced neutral com- parisons; Sale 5 indicated a unit value of $110,647 per unit, which is 45% greater than the mean of the data ($76,240). Land Sale 6 is the purchase in 2021 of a 0.55-acre, under-developed property near Straub Park and Tampa Bay in St. Petersburg; it is also situated adjacent west of Sale 5; the location was rated much superior as it has similar water views as the subject but the St. Petersburg market is well ahead of Clearwater in condominium development and sales activity; also, the sale was rated slightly inferior to subject in physical factors(corner and dimensions); other categories produced neutral comparisons; Sale 6 indicated a unit value of $112,903 per unit, which is 48% greater than the mean of the data ($76,240). The adjusted unit values of the six comparables range from $34,568 (Sale 1) to $112,903 (Sale 6), resulting in an extremely broad variance of 227%. The adjusted mean price was $76,240 per unit and the median was $69,647. Excluding the low outlier, No. 1, the variance is reduced to 88%. Sales 2, 3 and 4 vary by just 19%. I have assigned statistical weights to the sales based upon their overall degree of comparabil- ity. Sales 3 and 4 emerge as the most relevant indicators of value for the subject site and were TOBIAS REALTY ADVISORS, LLC 17 given greater emphasis than the other data; secondary weight was assigned to Sales 2, 5, and 6. The weighted mean of the sales was slightly greater than the natural mean. Therefore, based upon my analysis of the six comparable sales, I have selected a unit value of $78,300 per dwelling unit for the subject site: 62 Units @ $78,300 = $4,854,600 Rounded, $4,855,000 22017LS Comparable Land Sales Sale Number Subject 1 2 3 4 5 6 Location 107 S Osceola Av 610 Franklin St E/S of N Ft Harrison Av 180' N of Jones St NW Cor N Ft Harrison Av & Eldridge St 415 S Fort Harrison Av 146 4th Av NE 126 & 136 4th Av NE Clearwater Clearwater Clearwater Clearwater Clearwater St Petersburg St Petersburg Date May-22 Oct-19 Apr-19 Dec-21 Jan & Mar 2018 Oct-13 Dec-21 OR Book/Page X Contract 20503/1911 etal 21861/1345 19920/869 & 20000/2284 18192/1058 21854/841 GRANTOR X City of Clearwater Wikoff Properties, etal Osceola Properties, Inc Elan Vitale, LLC etal G&T Holdings of Pinellas, LLC Raysup, LLC GRANTEE X Blue Sky Communities, LLC Success Business, LLC Caeruleum Development, LLC IBP Funding, LLC Rowland Place, LLC DDA-126, LLC Parcel Number 16-29-15-20358-002-0110 15-29-15-54450-007-0010 09-29-15-37440-003-0040 etal 09-29-15-52200-000-0010 etal 16-29-15-18648-000-0470, 0280 19-31-17-73432-002-0010 19-31-17-77238-000-0080 etal Price X $2,000,000 $5,770,000 $1,600,000 $4,650,000 $2,090,000 $7,000,000 Gross Land Area (SF) 36,000 47,433 174,660 33,429 55,960 23,575 24,000 Price Per Sq Ft X $42.16 $33.04 $47.86 $83.10 $88.65 $291.67 Gross Land Area (AC) 0.83 1.09 4.01 0.77 1.28 0.54 0.55 Zoning/Character District D, Downtown/Core D, Downtown/Core D, Downtown/Old Bay D, Downtown/Old Bay D, Downtown/Core DC-3 DC-3 Improvements at Time of Sale Obsolete 2-St Bldg. & Surface Parking Fire Station 45 (1975)Several comml & industrial bldgs- older Older retail and residential bldgs 3-Story office (1927) + service station Older multi-family dwelling Historic structure and small inn Max Density (Units /Ac) 75.0 75.0 35.0 35.0 75.0 N/A; controlled by FAR N/A; controlled by FAR Max No of Units 62 81 140 27 96 17 31 Price Per Unit X $24,691 $41,115 $59,568 $48,438 $122,941 $225,806 Maximum FAR 4.00 4.00 1.50 1.50 4.00 4.00 4.00 Maximum Hotel Density (Units/Ac) 95 95 35 35 95 N/A N/A Maximum Bldg Height Unlimited Unlimited 55 55 Unlimited 300 Ft 300 Ft Highest/Best Use High-Rise Condo High-Rise Multi-Family/Mixed Use Mid-Rise Multi-Family/Mixed Use Mid-Rise Multi-Family or Condo Mixed use incl retail, restaurant, hotel High-Rise Condo High-Rise Condo Tract Shape Rectangle Flag shaped Rectangle Rectangle Generally Rectangular Rectangular Rectangular Other Corner site on bluff overlooking Clearwater Harbor, marina, and Coachman Park; due east of former City Hall & north of Ft Harrison Hotel Interior site with frontage on north and south; adjacent east of COS Hdqtrs facility (Flag Bldg) and west of CPD Hdqtrs; buyer plans high-rise low-income housing Large, assembled tract 1.5 blocks north of Core in Old Bay; frontage on N Garden also; largest parcel was highest unit price at $38.03 per SF 4-Parcel assemblage in Old Bay adjacent east of newer condo and Clrw Garden Club; listed at $1.7M and sold in 25 months Prime parcel in center of Downtown; acquired for development of 40-story hotel; multi-parcel assemblage with potential for road & alley vacations Redevelopment site in DTSP just west of Beach Drive, Straub Park, Vinoy Hotel and North Yacht Basin; Rowland Park Condo (17 units) built 2015 from $500K+ Redevelopment site in DTSP just west of Beach Drive, Straub Park, Vinoy Hotel and North Yacht Basin; Nolen Condo willl be 23 stories with units priced from $1.2M Utilities All Available All Available All Available All Available All Available All Available All Available Financing X Conventional + secondary loan by City Cash Sale Cash Sale Cash Sale Cash Sale Cash Sale Confirming Source X Chuck Lane (City of Clearwater) Sherry Lung (Buyer) Gro Miller (Broker) Daphna Fischler (Broker) Mike Cheezem (Buyer) A. J. Ribeiro (Seller) COS or Affiliate Purchase No No Yes Yes Yes No No Prior Sales (3 yrs)None None None None None None 2017; $3,876,500 ($125,048 per Unit) Price Per Dwelling Unit ADJUSTMENTS Financing X $0 $0 $0 $0 $0 $0 Cash Price Per DU X $24,691 $41,115 $59,568 $48,438 $122,941 $225,806 Market Conditions X 15% 18% 0% 20% 40% 0% Location X 20% 25% 20% 20% -55% -55% Land Size X 0% 0% 0% 0% 0% 0% Physical Factors X 5% 3% 0% 0% 5% 5% Max Density, Height, FAR X 0% 0% 0% 0% 0% 0% Other X 0% 0% 0% 0% 0% 0% Total Adjustment X 40% 46% 20% 40% -10% -50% Adjusted Price/DU X $34,568 $60,028 $71,482 $67,813 $110,647 $112,90318 SALE #1: 610 FRANKLIN STREET, CLEARWATER SALE #2: EAST SIDE OF N. FT. HARRISON; 180 FEET NORTH OF JONES ST., CLEARWATER SALE #3: NW COR N. FT HARRISON AV & ELDRIDGE ST, CLEARWATER SALE #4: 415 S. FORT HARRISON AVENUE, CLEARWATER SALE #5: 146 4TH AVENUE NE, ST PETERSBURG SALE #6: 126 & 136 4TH AVENUE NE, ST PETERSBURG DeLorme Street Atlas USA® 2013 LAND SALES MAP Data use subject to license. © DeLorme. DeLorme Street Atlas USA® 2013. www.delorme.com TN MN (5.9°W) 0 1 2 3 4 5 0 1 2 3 4 5 mikm Scale 1 : 175,000 1" = 2.76 mi Data Zoom 10-2 TOBIAS REALTY ADVISORS, LLC 19 Reconciliation: The subject of this appraisal is an oversized site of 36,000 square feet or 0.83 acres MOL overlooking Clearwater Harbor in the west edge of the Core District of Downtown Clearwa- ter. The marginally improved, corner site is located between the Pinellas County Courthouse and government offices and the Imagine Clearwater project now underway at Coachman Park. It is also proximate to several major holdings of the Church of Scientology such as Ft. Harrison Hotel, Flag Building, and Oak Cove Retreat. The condominium market in Downtown Clearwater has exhibited renewed vitality in the last 5 years albeit at a much smaller scale than the CBDs of Tampa and St. Petersburg. The 15- story, Station Square (2008) on Cleveland Street reveals numerous recent re-sales of mid-size units in the $300,000 to $500,000 range ($200 to $300 per sq. ft.); Waters Edge (2008), the 26-story complex adjacent northwest of subject site, shows 2021 re-sales in the $500,000 to $700,000 range for mid-level units with an average of $368.00 per square foot; Bay View (2004) in the Old Bay District is a 7-story building directly fronting the harbor with 2021 re- sales in the $560,000 to $779,000 range, or roughly $390 per square foot; newest entry in Old Bay is Marina Bay (2021) with developer sales from $800,000 to $900,000 for standard units ($400.00 to $700.00 per square foot). Reviewing Land Sale Nos. 6 and 7 from St. Petersburg, we see original developer sales (No. 6 Rowland Place) in 2015 averaging $525,000; these units have now appreciated 30 to 40% to the $900,000 to $1.2 million bracket. Sale 7 (Nolen) will have its units priced from $1.2 to $2.0 million in a 22-story building with many floors containing just one unit. Relating the land costs of these sites with good Tampa Bay views to their retail unit prices, we find a range of 10% to 16%. Relating this historic data from St. Petersburg to Downtown Clearwater, we see a typical re- sale unit at Waters Edge with price of $650,000 would impute a land contribution of $65,000 ($650,000 x .1 = $65,000). Likewise, a re-sale unit price of $700,000 at Bay View would in- dicate a land value of $70,000. And a new unit at Marina Bay priced at $850,000 would indi- cate land contribution of $85,000 at the 10% level (or $136,000 at the 16% level). Considering this market data and the potential for a developer’s profit margin, I would con- clude that highest and best use of subject site is a high-rise, residential condominium of 62 units MOL. The cost approach was excluded from this assignment as the subject property is vacant land with highest and best use as a high-rise condominium development. Sales comparison approach (Land) was adopted as the sole, relevant methodology as prime CBD sites are regularly traded in the Tampa Bay area; the most common units of measure in the market are price per square foot of land area or price per developable dwelling unit. TOBIAS REALTY ADVISORS, LLC 20 Income capitalization approach was also excluded as the subject property is vacant land with highest and best use as a high-rise condominium development. Six comparable land sales, 4 from Downtown Clearwater and 2 from St. Petersburg, formed the basis of our application of the sales comparison approach. Each sale was compared to the subject site in six categories found relevant to this property type; adjustments were applied to the sales where they were found to rate superior or inferior to the subject. Most adjustments were centered in the areas of market conditions (related to date of sale versus current date of valuation) and location. All but the very recent Sales 3 and 6 (both December 2021) required upward adjustment for market conditions. The four Clearwater sales were rated inferior in location either because of area (Old Bay versus Core) or lack of view amenity. The St. Pe- tersburg sales shared the view amenity of subject but the market is more mature, stronger, and the inventory of sites much smaller; thus downward adjustment was applied for the loca- tion category. Sales 3 and 4 (Clearwater) emerged as the most relevant indicators of value for the subject site and were given greater emphasis than the other data; secondary weight was assigned to Sales 2, 5, and 6 and the pending Sale 1 was given marginal weight. The data was processed on the basis of price per dwelling unit, given the conclusion of high- est and best use (high-rise condominium) and the differences in density, building height, and FAR. I concluded market value at $78,300 per dwelling unit for 62 units, or $4,855,000, rounded, as of May 4, 2022. TOBIAS REALTY ADVISORS, LLC 21 CERTIFICATION This is to certify that, upon request for valuation by Suzanne Kramer, Real Estate Services Coordinator, City of Clearwater, I have personally inspected, collected, and analyzed various data, and appraised the fee simple interest of the Downtown Core Site/Land Only (Peace Memorial Presbyterian Church Property) located at 107 S. Osceola Avenue, Clearwater, Florida 33756. The property is more fully described in the attached report. I certify that, to the best of my knowledge and belief: The statements of fact contained in this report are true and correct. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are my personal, impartial, and unbiased professional analyses, opinions, and conclu- sions. I have no present or prospective interest in the property that is the sub- ject of this report and no personal interest or bias with respect to the parties involved. I have no bias with respect to the property that is the subject of this re- port or to the parties involved with this assignment. My engagement in this assignment was not contingent upon develop- ing or reporting predetermined results. My compensation for completing this assignment is not contingent up- on the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. My analyses, opinions, and conclusions were developed, and this re- port has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice (USPAP). The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Code of Profes- sional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute. TOBIAS REALTY ADVISORS, LLC 22 I have made a personal inspection of the property that is the subject of this report. No one provided significant real property appraisal assistance to the person signing this certification. As of the date of this report, I have completed the requirements under the continuing educa- tion program of the Appraisal Institute. The appraiser is qualified to appraise this property with respect to the Competency Provision of USPAP. The appraiser had not previously appraised subject property nor provided other professional services with respect to it in the last three years. This certificate is in accordance with the Uniform Standards of Professional Appraisal Prac- tice Standard Rule 2-3 and with the Appraisal Institute's Supplemental Standards of Profes- sional Practice. The reader should review the assumptions and limiting conditions included in this report. C. Richard Tobias, MAI State-Certified General Real Estate Appraiser RZ705 TOBIAS REALTY ADVISORS, LLC 23 ASSUMPTIONS AND LIMITING CONDITIONS 1. The conclusions as to market value contained herein represent the opinion of the under- signed and are not to be construed in any way as a guarantee or warranty, either ex- pressed or implied, that the property described herein will actually sell for the market value contained in this opinion. 2. No responsibility is assumed for the legal description or for matters including legal or title considerations. Title to the property is assumed to be good and marketable unless otherwise stated. 3. The property is appraised free and clear of all encumbrances, unless otherwise noted. 4. No survey of the property was made or caused to be made by the appraiser. It is assumed the legal description closely delineates the property. It was checked with public records for accuracy. Drawings in this report are to assist the reader in visualizing the property and are only an approximation of grounds or building plan. 5. It is assumed that there are no hidden or unapparent conditions of the property's subsoil or structure that render it more or less valuable. No responsibility is assumed for such conditions or for arranging for engineering studies that may be required to discover them. 6. Subsurface rights (minerals, oil, or water) were not considered in this report. 7. All value estimates have been made contingent on zoning regulations and land use plans in effect as of the date of appraisal, and based on information provided by governmental authorities and employees. 8. It is assumed that there is full compliance with all applicable federal, state, and local en- vironmental laws and regulations, unless noncompliance is stated, defined, and consid- ered in the appraisal report. 9. It is assumed that all applicable zoning and land use regulations and restrictions have been complied with, unless a non-conformity has been stated, defined, and considered in the appraisal report. 10. It is assumed that all required licenses, certificates of occupancy, consents, or other leg- islative or administrative authority from any government or private entity or organiza- tion have been or can be obtained or renewed for any use on which the value estimate contained in this report is based. TOBIAS REALTY ADVISORS, LLC 24 11. This appraisal report covers only the premises herein; and no figures provided, analysis thereof, or any unit values derived are to be construed as applicable to any other proper- ty, however similar they may be. 12. Certain data used in compiling this report was furnished by the client, his counsel, em- ployees, and/or agent, or from other sources believed reliable. However, no liability or responsibility may be assumed for complete accuracy. 13. An effort was made to verify each comparable sale noted in the report. There are times when it is impossible to confirm a sale with the parties involved in the transaction; all sales are confirmed through public records. 14. The appraiser, by reason of this report, is not required to give testimony in court with reference to the property herein, nor obligated to appear before any governmental body, board, or agent, unless arrangements have been previously made therefore. 15. Estimates of expenses, particularly as to assessment by the County Property Appraiser and subsequent taxes, are based on historical or typical data. Such estimates are based on assumptions and projections which, as with any prediction, are affected by external forc- es, many unforeseeable. While all estimates are based on my best knowledge and belief, no responsibility can be assumed that such projections will come true. 16. Responsible ownership and competent property management are assumed. 17. Unless otherwise stated in this report, the existence of hazardous materials, which may or may not be present on the property, were not observed by the appraiser. The appraiser has no knowledge of the existence of such materials on or in the property. The appraiser is not qualified to detect such substances. The presence of substances such as asbestos, urea-formaldehyde foam insulation, or other potentially hazardous materials may affect the value of the property. The value estimate is predicated on the assumption that there is no such material on or in the property that would cause a loss in value. No responsibil- ity is assumed for any such conditions, or for any expertise or engineering knowledge required to discover them. The client is urged to retain an expert in this field. TOBIAS REALTY ADVISORS, LLC 25 QUALIFICATIONS C. RICHARD TOBIAS, MAI EDUCATION: B.A., 1971, Boston College, School of Arts and Sciences Have passed or received credit for the following courses sponsored by the Appraisal Institute. 1A-1 Real Estate Appraisal Principles 1A-2 Basic Valuation Procedures 1B-1 Capitalization Theory and Techniques 2-1 Case Studies in Real Estate Valuation 2-2 Valuation Analysis and Report Writing 2-3 Standards of Professional Practice 6 Investment Analysis Attended numerous seminars sponsored by American Institute of Real Estate Appraisers (now Appraisal Institute), Society of Real Estate Appraisers (now Appraisal Institute), Flori- da State University, National Association of Mutual Savings Banks, and other financial insti- tution associations. Most recent appraisal course was Uniform Standards for Federal Land Acquisitions (June 2010), sponsored by the Appraisal Institute. Most recent seminar was Cost Approach (October 2020). Florida State-Certified General Real Estate Appraiser RZ705 Expert witness in appraisal of real estate and businesses -- Circuit Court of Florida, Sixth District Federal Court, Middle District of Florida BUSINESS EXPERIENCE: 2015 to Present: Manager/owner, Tobias Realty Advisors, LLC, a firm specializing in appraisal and consulting in commercial and investment real estate in west central Florida. 1987 to 2015: Independent Contractor associated with Valuation Services, Inc. and To- bias Realty Advisors, LLC, firms specializing in appraisal and consulting in commercial and investment real estate. Assignments have included ap- praisal of a variety of commercial, industrial, and investment properties, as well as vacant land. Areas of specialization include churches, schools, convenience food/gasoline outlets, restaurants, retail centers, industrial, of- fices, medical/dental clinics, apartments, and lodging facilities. Appraisal TOBIAS REALTY ADVISORS, LLC 26 assignments have been prepared for financing, litigation, sale/purchase, and other functions. 1980 to 1987: Vice President, Warren Hunnicutt, Jr., Inc., Real Estate Appraisers and Consultants. Assignments included office buildings, shopping centers, in- dustrial facilities, residential developments, apartment buildings, resort properties, and closely-held businesses. 1979 to 1980: Associate Appraiser with L. T. Bookhout, Inc., Real Estate Appraisal and Consultation. Assignments included industrial facilities, special purpose properties, undeveloped land tracts, as well as historically significant properties being acquired by the National Park Service. 1977 to 1979: Commercial Loan Analyst/Appraiser with Poughkeepsie Savings Bank. Duties included appraisal of residential and commercial properties for mortgage loan purposes; review and recommendation of commercial loans to Board of Directors; field inspection and analysis of investment proper- ties in Southeast and Southwest United States. 1975 to 1977: Associated with Dutchess County Department of Real Property Tax and City of Beacon, New York in the assessment of properties for ad valorem taxation purposes. 1973 to 1975: Owned and operated masonry contracting firm specializing in custom resi- dential fireplaces, accent walls, exterior facades, etc. Independently registered Real Estate Broker -- State of Florida; BK348850 PROFESSIONAL AFFILIATIONS: MAI, Appraisal Institute Realtor, Florida Gulfcoast Commercial Association of Realtors (FGCAR) The Appraisal Institute conducts a program of continuing education for its designated mem- bers. MAI's who meet the minimum standards of this program are awarded periodic educa- tional certification. C. Richard Tobias is currently certified under this program. 2013 President, Florida Gulf Coast Chapter of Appraisal Institute ADDENDA Halsey Beshears, SecretaryRon DeSantis, GovernorSTATE OF FLORIDADEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONFLORIDA REAL ESTATE APPRAISAL BDTHE CERTIFIED GENERAL APPRAISER HEREIN IS CERTIFIED UNDER THEPROVISIONS OF CHAPTER 475, FLORIDA STATUTESTOBIAS, CHARLES R JRDo not alter this document in any form.723 20TH AVE NLICENSE NUMBER: RZ705EXPIRATION DATE: NOVEMBER 30, 2022This is your license. It is unlawful for anyone other than the licensee to use this document.ST PETERSBURG FL 33704Always verify licenses online at MyFloridaLicense.com Pierce Street 40' R/W Lot 23 S Osceola Avenue(40' R/W Per Plat)55' R/WS Fort Harrison Avenue70' R/WAlley 17' R/W Vacated Alley Per OR 17754-1270 Lot 22 Lot 21 Lot 20 Lot 19 Lot 18 Lot 17 Lot 16 Lot 8 Lot 9 Lot 10 Lot 11 Lot 12 Lot 13 Lot 14 Lot 15 John R. Davey et al ReSubdivision,Block B,Plat Book 1, Page 87Alley 28' R/WThe South Half (S12) of Lot Eleven (11) and Lots Twelve (12) through Lot Fifteen (15) in Block "B" of the John R. Davey, et al's Resubdivision of the Earll, Mumford, Ross and Starr's Subdivision of Clearwater, Florida, according to the plat of said Resubdivision as recorded in Plat Book One (1), Page Eighty Seven (87), of the public records of Hillsborough County, Florida, of which Pinellas County was formerly a part. DRAWN BY CHECKED BY DATE DRAWN SECT-TWNSP-RNG SHEETDWG. NO. OF -- CITY OF CLEARWATER ENGINEERING DEPARTMENT Exhibit A Peace Memorial Presbyterian Church Purchase Contract to the CRA & CityJABTLM 07/29/2022 Lgl_2022-16 1 2 16 29S 15E This is not a survey N.T.S. Legal Description Pierce Street 40' R/W Lot 23 S Osceola Avenue(40' R/W Per Plat)55' R/WS Fort Harrison Avenue70' R/WAlley 17' R/W Vacated Alley Per OR 17754-1270 Lot 22 Lot 21 Lot 20 Lot 19 Lot 18 Lot 17 Lot 16 Lot 8 Lot 9 Lot 10 Lot 11 Lot 12 Lot 13 Lot 14 Lot 15 John R. Davey et al ReSubdivision,Block B,Plat Book 1, Page 87Alley 28' R/WLots Sixteen (16) through Lot Twenty (20) in Block "B" of the John R. Davey, et al's Resubdivision of the Earll, Mumford, Ross and Starr's Subdivision of Clearwater, Florida, according to the plat of said Resubdivision as recorded in Plat Book One (1), Page Eighty Seven (87), of the public records of Hillsborough County, Florida, of which Pinellas County was formerly a part. DRAWN BY CHECKED BY DATE DRAWN SECT-TWNSP-RNG SHEETDWG. NO. OF -- CITY OF CLEARWATER ENGINEERING DEPARTMENT Exhibit D Peace Memorial Presbyterian Church Purchase Contract to the CRA & CityJABTLM 07/29/2022 Lgl_2022-17 1 1 16 29S 15E This is not a survey N.T.S. Legal Description [RE22-1313-178/293301/1] 1 CONTRACT FOR PURCHASE OF REAL PROPERTY BY THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER PARTIES: PEACE MEMORIAL PRESBYTERIAN CHURCH OF CLEARWATER, FLORIDA, INC., a Florida not-for-profit corporation, whose mailing address is 110 S. Fort Harrison Ave., Clearwater, Florida 33756-5107 (herein "Seller" or “Peace”), and the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA, a public body corporate and politic of the State of Florida (herein "Buyer" or “CRA”), whose post office address is P.O. Box 4748, Clearwater, Florida 33758-4748, joined by the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida (herein “City”), whose post office address is P.O. Box 4748, Clearwater, Florida 33758-4748, (collectively "Parties") enter into this CONTRACT FOR PURCHASE OF REAL PROPERTY BY THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER (“Contract”), and hereby agree that the Seller shall sell, and Buyer shall buy the following real property ("Property") upon the following terms and conditions. 1. PROPERTY DESCRIPTION 107 S. Osceola Avenue, Clearwater, FL 33756 Real Property ID No 16-29-15-20358-002-0110 As more particularly described in Exhibit “A” and depicted in Exhibit “B” (attached hereto and incorporated herein). PERSONALTY: NONE 2. FULL PURCHASE PRICE ..........................................………………….… $1,850,000.00 3. MANNER OF PAYMENT: Wire in immediately available U.S. funds at time of Closing 4. PURCHASE PRICE The Full Purchase Price as established herein has been reached through negotiations with the Seller by the Buyer’s staff, following due consideration, and within the range of values of that certain real estate appraisal dated May 13, 2022, as developed for the CRA by Entreken Associates, Inc., which valued the Property at $ 1,620,000, and that certain real estate appraisal dated May 4, 2022, as developed for the CRA by Tobias Realty Advisors, LLC., which valued the Property at $ 4,855,000. 5. TIME FOR ACCEPTANCE; APPROVALS Following written approval of the terms of this Contract by Seller (remaining subject to formal approval by its governing body), the price, terms, and conditions as contained herein shall remain unchanged and be held unconditionally open for a period of 60 days following delivery in duplicate original of such written approval to the Executive Director of the Community Redevelopment Agency of the City of Clearwater for acceptance and approval, [RE22-1313-178/293301/1] 2 counteroffer, or rejection by action of the Clearwater City Council ("Council") serving in its capacity as the governing board of the CRA. If this Contract is accepted and approved by the CRA, it will be executed by duly authorized CRA officials and delivered to the Clearwater City Council for consideration. If Clearwater City Council approves the Contract, duly authorized City Officials will execute and return the Contract to the CRA. The CRA shall deliver to Seller within 10 days thereafter. The Seller shall then present the Contract for formal approval of its governing body, and upon such approval, execute and return to Buyer. The “Effective Date” shall be the date all parties hereto have fully executed. If a counteroffer is approved by the CRA, it shall be delivered to Seller in writing within 10 days of such action by the CRA, and Seller shall have 10 days thereafter to deliver to Buyer written notice of acceptance or rejection of such counteroffer. If written notice of acceptance is not timely delivered, or if the counteroffer is rejected by Seller, the offer for sale or purchase and this Contract, as the case may be, shall thereafter be null and void in all respects upon rejection, or at the end of the 10-day period, as applicable. If this Contract is rejected by the CRA upon initial presentation to the CRA, the offer for sale or purchase, and this Contract, as the case may be, shall be null and void in all respects upon rejection by the CRA and Seller shall be so informed in writing within 5 days of such action. 6. TITLE Seller warrants legal capacity to and shall convey fee simple title to the Property by Special Warranty Deed, subject only to matters contained in Paragraph 7, which are acceptable to Buyer. Otherwise, title shall be free of liens, easements and encumbrances of record or known to Seller, but subject to property taxes for the year of Closing; covenants, restrictions, and public utility easements of record; and no others provided there exists at Closing no violation of the foregoing. 7. TITLE EVIDENCE Seller shall, at Seller’s expense, no later than 15 days prior to Closing Date, deliver a title insurance commitment issued by a Florida licensed title insurer (“Title Company”) setting forth the condition of title to the Property. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions, or qualifications set forth in this Contract. Marketable title shall be determined according to applicable Title Standards adopted by The Florida Bar and in accordance with law. Buyer shall have 5 days from receiving evidence of title to examine it. If title is found defective, in Buyer’s sole discretion, Buyer shall, within 3 days thereafter, notify Seller in writing specifying the defect(s). If the defect(s) render title unmarketable, Seller will have 120 days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is without reduction in the Purchase Price or terminating this Contract whereupon both parties shall be released from further liability (except those terms and conditions that survive termination). Seller will, if title is found unmarketable, make commercially reasonable effort to correct defect(s) in title within the time provided therefor, provided, however, Seller shall not be obligated to file suit or incur any third-party costs or expenses. 8. SURVEY [RE22-1313-178/293301/1] 3 Buyer, at Buyer's expense, within time allowed for the Inspection Period, may have the Property surveyed and certified to the Buyer by a registered Florida land surveyor. If survey shows any encroachment on the Property, or that improvements located on the Property encroach on setback lines, easements, lands of others, or violate any restrictions, contract covenants or applicable governmental regulation, the same shall constitute a title defect. The survey shall be performed to minimum technical standards of the Florida Administrative Code and may include a description of the property under the Florida Coordinate System as defined in Chapter 177, Florida Statutes. Seller shall have no obligation to cure any title defects reflected on the survey. Buyer’s failure to terminate this Contract prior to expiration of the Inspection Period shall be deemed a determination that Buyer is satisfied with the survey of the Property. 9. CLOSING PLACE AND DATE Seller shall designate closing agent (“Closing Agent”) and this transaction shall be closed (“Closing”) in the offices of the designated Closing Agent in Pinellas County, Florida, on or before 120 days of the Effective Date (“Closing Date”) unless extended by other provisions of this Contract including but not limited to time allotted for the removal of title defects as provided for in Paragraph 7 above. If either party is unable to comply with any provision of this Contract within the time allowed, and be prepared to close as set forth above, after making all reasonable and diligent efforts to comply, then upon giving written notice to the other party, time of Closing may be extended up to 60 days without effect upon any other term, covenant or condition contained in this Contract. Each Party shall have independent opportunity for said extension. 10. CLOSING DOCUMENTS Seller shall furnish closing statements for the respective parties, deed, bill of sale (if applicable), mechanic's lien affidavit, assignments of leases, tenant and mortgage estoppel letters, and corrective instruments, as applicable. If Seller is a corporation, Seller shall deliver a resolution of its Board of Directors authorizing the sale and delivery of the deed and certification by the corporate Secretary certifying the resolution and setting forth facts showing the conveyance conforms with the requirements of local law, or such other documentation that the Title Agent shall reasonably require. 11. CLOSING EXPENSES Documentary stamps on the deed, unless exempt under Chapter 201.24, Florida Statutes, shall be paid by the Seller. Seller shall also pay the costs of recording any corrective instruments. Recordation of the deed shall be paid by the Buyer. Buyer shall be responsible for the cost of the title search and title premium for the owner’s title insurance policy in the amount of the Purchase Price. 12. PRORATIONS; CREDITS [RE22-1313-178/293301/1] 4 Taxes, assessments, rent (if any) and other revenue of the Property shall be prorated through the day before Closing. Closing Agent shall collect all ad valorem taxes uncollected but due through day prior to Closing and deliver same to the Pinellas County Tax Collector with notification to thereafter exempt the Property from taxation as provided in Chapter 196.012(6), Florida Statutes. If the amount of taxes and assessments for the current year cannot be ascertained, rates for the previous year shall be used with due allowance being made for improvements and exemptions. Assessments for any improvements that are substantially complete at time of Closing shall be paid in full by Seller. 13. OCCUPANCY Seller warrants that there are no parties in occupancy other than the Seller, or as otherwise disclosed herein. If Property is intended to be rented or occupied beyond Closing, the fact and terms thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to Paragraph 14. Seller agrees to deliver occupancy of the Property at time of Closing unless otherwise stated herein. If occupancy is to be delivered before Closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in its existing conditions as of the time of taking occupancy unless otherwise stated herein or in separate writing. 14. LEASES AND OCCUPATION Seller warrants there are no tenants occupying the Property and that no leases exist, recorded or unrecorded, authorizing such occupancy and any authorized tenancy or lease for use of the Property created by Seller prior to Closing or prior to the expiration hereof, shall constitute a material breach of this Contract. The Parties acknowledge and agree that Seller will continue to occupy the Property post-closing as provided for in that certain Covenants, Restrictions, and Grant of Easement Agreement as described herein in section 36. 15. PROPERTY CONDITION Seller shall deliver the Property to Buyer at time of Closing in its present "as is" condition, ordinary wear and tear excepted, and shall maintain the landscaping and grounds in a comparable condition prior to Closing. Seller makes no warranties other than is disclosed herein and marketability of title as set forth in the deed delivered at Closing. Buyer’s covenant to purchase the Property “as is” is more specifically represented in the following paragraph. a. As Is With Right of Inspection: Buyer may, at Buyer expense within 60 days following the Effective Date hereof (“Inspection Period”), conduct inspections, tests, environmental and any other investigations of the Property Buyer deems necessary to determine suitability for Buyer’s intended use. Upon Seller’s execution hereof, Seller shall grant reasonable access to the Property to Buyer, its agents, contractors and assigns for the purposes of conducting the inspections provided, however, that [RE22-1313-178/293301/1] 5 all such persons enter the Property and conduct the inspections and investigations at their own risk. Seller will, upon reasonable notice, provide utilities services as may be required for Buyer’s inspections and investigations. Buyer shall not engage in any activity that could result in a mechanics lien being filed against the Property without Seller’s prior written consent. Buyer may terminate this Contract by written notice to Seller prior to expiration of the Inspection Period if the inspections and/or investigations reveal conditions which are reasonably unsatisfactory to Buyer. In the alternative, at the Buyer’s sole discretion, if Seller offers to repair or otherwise remedy such conditions to Buyer satisfaction, Buyer may accept such offer; or Buyer, at its option, may elect to accept a credit at Closing of the total estimated repair costs as determined by a licensed general contractor of Buyer’s selection and expense, to the extent agreed to in writing by Seller. If Buyer terminates this Contract, and this transaction does not close, Buyer agrees, at Buyer expense, to repair all damages to the Property resulting from the inspections and investigations and return the Property to the condition that existed prior to its investigation. 16. WALK-THROUGH INSPECTION At a time mutually agreeable between the parties, but not later than the day prior to Closing, Buyer may conduct a final “walk-through” inspection of the Property to determine compliance with any Seller obligations under Paragraph 15. No new issues may be raised as a result of the walk-through. 17. SELLER HELD HARMLESS Buyer is self-insured, and subject to the limits and restrictions of the Florida Sovereign immunity statute, F.S. 768.28, agrees to indemnify and hold harmless the Seller from claims of injury to persons or property during the inspections and investigations described in Paragraph 15(a) resulting from Buyer’s own negligence only, or that of its employees or agents only, subject to the limits and restrictions of the sovereign immunity statute. 18. RISK OF LOSS If the Property is damaged by fire or other casualty before Closing and cost of restoration does not exceed 3% of the assessed valuation of the Property so damaged, cost of restoration shall be an obligation of the Seller and Closing shall proceed pursuant to the terms of this Contract with restoration costs escrowed at Closing. If the cost of restoration exceeds 3% of the assessed valuation of the improvements so damaged, Buyer shall have the option of either taking the Property “as is”, together with any insurance proceeds payable by virtue of such loss or damage, or of canceling this Contract. 19. PROCEEDS OF SALE; CLOSING PROCEDURE The deed shall be recorded upon clearance of funds. Proceeds of sale shall be held in escrow by Seller’s attorney, the Closing Agent, or by such other mutually acceptable escrow agent for a period of no longer than 5 days from and after Closing, during which [RE22-1313-178/293301/1] 6 time evidence of title shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or change which would render Seller's title unmarketable from the date of the last title evidence. If Seller's title is rendered unmarketable through no fault of the Buyer, Buyer shall, within the 5-day period, notify the Seller in writing of the defect and Seller shall have 30 days from the date of receipt of such notification to cure the defect. If Seller fails to timely cure the defect, all funds paid by or on behalf of the Buyer shall, upon written demand made by Buyer and within 5 days after demand, be returned to Buyer and simultaneously with such repayment, Buyer shall vacate the Property and reconvey it to Seller by special warranty deed. If Buyer fails to make timely demand for refund, Buyer shall take title "as is", waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of warranties contained in the deed. The escrow and closing procedure required by this provision may be waived if title agent insures adverse matters pursuant to Section 627.7841, F.S. (2014), as amended. 20. DEFAULT If this transaction is not closed due to any default or failure on the part of the Seller, other than to make the title marketable after diligent effort, Buyer may seek specific performance or unilaterally cancel this agreement upon giving written notice to Seller. If this transaction is not closed due to any default or failure on the part of the Buyer, Seller may seek specific performance. If a Broker is owed a brokerage fee regarding this transaction, the defaulting party shall be liable for such fee. 21. Intentionally Deleted. 22. RADON GAS NOTIFICATION In accordance with provisions of Section 404.056(8), Florida Statutes (2014), as amended, Buyer is hereby informed as follows: RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. 23. CONTRACT NOT RECORDABLE; PERSONS BOUND Neither this Contract nor any notice of it shall be recorded in any public records. This Contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. 24. NOTICE [RE22-1313-178/293301/1] 7 All notices provided for herein shall be deemed to have been duly given if and when deposited in the United States Mail, properly stamped, and addressed to the respective party to be notified, including the parties to this contact, the parties’ attorneys, escrow agent, inspectors, contractors and all others who will in any way act at the behest of the parties to satisfy all terms and conditions of this Contract. 25. ASSIGNABILITY; PERSONS BOUND This Contract is not assignable. The terms "Buyer", "Seller", and "Broker" (if any) may be singular or plural. This Contract is binding upon Buyer, Seller, and their heirs, personal representatives, successors, and assigns (if assignment is permitted). 26. ATTORNEY FEES; COSTS In any litigation arising out of this Contract, the prevailing party shall be entitled to recover reasonable attorney's fees and costs. 27. TYPEWRITTEN OR HANDWRITTEN PROVISIONS Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them. 28. BROKER REPRESENTATION If either Party chooses to be represented by a Licensed Real Estate Broker upon Seller’s execution hereof, then that Party solely shall be responsible for any such Broker fee or expense due to said Broker. 29. COMPLIANCE WITH SECTION 286.23, FLORIDA STATUTES Seller shall execute and deliver to the CRA the “Disclosure of Beneficial Interests” required pursuant to Section 286.23, Florida Statutes. 30. EFFECT OF PARTIAL INVALIDITY The invalidity of any provision of this Contract will not and shall not be deemed to affect the validity of any other provision. In the event that any provision of this Contract is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 31. GOVERNING LAW It is agreed by and between the parties hereto that this Contract shall be governed by, construed, and enforced in accordance with the laws of the State of Florida. [RE22-1313-178/293301/1] 8 32. COUNTERPARTS; FACSIMILE COPY This Contract may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. A facsimile copy of this Contract, including any addendum, attachments, and any written modifications hereof, and any initials or signature thereon shall be deemed an original. 33. ENTIRE AGREEMENT Upon execution by Seller and Buyer, this Contract shall constitute the entire agreement between the parties, shall supersede any and all prior and contemporaneous written and oral promises, representations, or conditions in respect thereto. All prior negotiations, agreements, memoranda, and writings shall be merged herein. Any changes to be made in this agreement shall only be valid when expressed in writing, acknowledged by the parties, and incorporated herein or attached hereto. 34. PARKING GARAGE SPACES Buyer represents and warrants to Seller that the Buyer will redevelop the Property as a public parking garage following Closing. The Buyer agrees that certain parking spaces will be reserved for the Seller’s use as reflected in Exhibit “C”, a general list of certain covenants as between the Parties, which will be subsequently formalized in a Covenants, Restrictions, and Grant of Easement Agreement to be recorded in the Official Records of Pinellas County, Florida (“Official Records”) at Closing, as more particularly described below. The physical location of the parking spaces within the garage will be determined at the Buyer’s reasonable discretion. 35. RIGHT OF FIRST REFUSAL Following Closing, if the Buyer receives a bona-fide third-party offer to purchase the Property, the Buyer, within thirty (30) days, must give written notice to the Seller detailing the terms and conditions of the offer, prior to Buyer being able to accept such offer. Seller shall have fifteen (15) days from the date of receipt of said offer to provide the Buyer with written notice of acceptance of the offer, upon the same terms and conditions as set forth therein. If the Seller accepts said offer, Closing shall take place within sixty (60) days from the date of acceptance. If the Seller fails to accept said offer, in writing within the fifteen (15) days provided herein, the Buyer may proceed to sell to said third party in accordance with the terms of the offer. It is the express intent of the parties that the terms and conditions contained in this paragraph shall survive Closing and delivery of the deed and not be incorporated into the deed. At Closing, a memorandum of this right of first refusal shall be recorded in the Official Records. 36. COVENANTS, RESTRCITIONS, AND GRANT OF EASEMENTS AGREEMENT The Parties have entered into this Agreement for the sole purpose of the CRA constructing [RE22-1313-178/293301/1] 9 a parking garage on the subject Property. Commercial retail space and operations may be included within the garage structure at the ground level. As a condition to the sale and Closing of the Property, Seller and Buyer are mutually desirous of, and shall enter into a mutually acceptable Covenants, Restrictions, and Grant of Easements Agreement (the “CREA”) setting forth the parameters and restrictions under which the subject conveyance will occur, and certain parameters on how the subject Property will be developed, utilized, and maintained (the “Restrictions”). The CREA and Restrictions shall run with the land and be binding on the successors and assigns of the parties hereto unless seller’s adjacent parcel (“Seller’s Adjacent Parcel”, as more particularly described in Exhibit “D” hereto), is sold and not leased back to Seller for a religious use. If Seller’s Adjacent Parcel is sold and not leased back to the Seller for a religious use, or if leased back to Seller for a religious use and said lease terminates, the CREA and Restrictions shall automatically terminate in their entirety upon said conveyance, except easements therein that are expressly intended to run with the land in perpetuity. Seller shall, at the request of the Buyer, execute a Release of Covenants, Restrictions, and Grant of Easements Agreement (“Release”) reflecting those portions of the CREA to be released, and said Release shall be recorded in the Official Records simultaneous to closing of the sale of Seller’s Adjacent Parcel or at such time as Seller’s Adjacent Parcel is no longer used for a religious purpose by Seller, whichever is later. Generally, said Restrictions are provided for in Exhibit “C”, (attached hereto and incorporated herein). More specifically, the Restrictions shall be memorialized in the CREA, which shall be executed and entered into as a prerequisite to Closing and recorded in the Official Records. The obligations of Buyer and Seller under this Contract are conditioned upon Buyer and Seller agreeing upon the form and content of the CREA. The parties shall use good faith reasonable efforts to negotiate the form of the CREA within forty-five (45) days following the expiration of the Inspection Period. In the event the parties are unable to agree on the form of the CREA on or before the Closing Date, either Buyer or Seller shall have the right to terminate this Agreement whereupon both parties shall be released from further liability hereunder, except those terms and conditions herein that expressly survive termination. 37. VACATION OF DIVISION STREET The City agrees to cooperate in good faith with Peace as it relates to Peace’s request to vacate the alleyway located between the Property and Seller’s Adjacent Parcel located at 110 S. Ft. Harrison Avenue, Clearwater (“Division Street”), which vacation shall be a condition of Closing in favor of Seller. The City's agreement to cooperate is not made in its regulatory capacity, and the City makes no representations as to the outcome of the regulatory process required for the requested vacation. The vacation shall be subject to customary easements for City and other utilities presently located in Division Street. 38. COOPERATION OF THE CITY OF CLEARWATER. The City of Clearwater (“City”), a municipal corporation of the State of Florida, has joined in this Agreement for the sole purpose of reflecting its agreement to cooperate and support the CRA in meeting the obligations and enjoying the benefits, as the case may be, created by Sections 36, 37, and Exhibit “C”, and any other provision herein which the CRA may [RE22-1313-178/293301/1] 10 delegate to the City. EXECUTED this _____ day of ________________________, 2022 by Seller. Attest: Peace Memorial Presbyterian Church of Clearwater, Florida, Inc. ______________________________ By: ___________________________ ______________________________ Title: __________________________ Print Name ______________________________ ______________________________ Print Name [RE22-1313-178/293301/1] 11 APPROVED BY BUYER & EFFECTIVE this _____ day of _________________________, 2022. Countersigned: Community Redevelopment Agency of the City of Clearwater, Florida ___________________________ By: __________________________ Frank Hibbard Jon Jennings Chairperson Executive Director Approved as to form: Attest: ___________________________ ________________________________ Michael Fuino Rosemarie Call Senior Assistant City Attorney City Clerk [RE22-1313-178/293301/1] 12 JOINED BY AND EFFECTIVE this _____ day of _________________________, 2022. Countersigned: City of Clearwater, Florida ___________________________ By: __________________________ Frank Hibbard Jon Jennings Mayor City Manager Approved as to form: Attest: ___________________________ ________________________________ Laura Mahony Rosemarie Call Senior Assistant City Attorney City Clerk [RE22-1313-178/293301/1] 13 EXHIBIT “C” 1. Permanent Parking without charge. CRA covenants to provide parking spaces within the to-be-built CRA Parking Garage, in locations to be determined by the CRA in its reasonable discretion, as follows: a. Sunday morning worship: 52 Sundays annually, 6 a.m. – 2 p.m. (No less than 125 spaces); b. Staff parking: weekdays, 52 weeks annually, Monday – Friday, 6 a.m. – 10 p.m. (No less than 20 spaces); c. Holy Days traditionally observed in the Liturgical Year: i. Annual (varying) dates, depending on the date of Easter Sunday: 1. Ash Wednesday: February or March TBD (No less than 75 spaces 11:30 a.m. – 9 p.m.); 2. Maundy Thursday: last Thursday before Easter (No less than 75 spaces 11:30 a.m. – 9 p.m.); 3. Good Friday (last Friday before Easter) (No less than 75 spaces 11:30 a.m. – 9 p.m.); d. Christmas Eve, December 24 (No less than 125 spaces, Noon – 12:00 a.m.); e. Concert Dates, Second Sundays October – March (No less than 125 spaces from 2 p.m. – 5 p.m.) 2. Temporary Parking. CRA will ensure availability of temporary parking spaces as follows: a. Peace will be permitted to utilize the Property (existing parking) for parking purposes until such time as the CRA begins actual and continuous construction and requires sole use and control of the Property. Peace shall indemnify the CRA and the City for liability resulting from Peace’s use. b. Once Peace can no longer use the Property, the CRA will ensure the availability of temporary parking within 112 S. Osceola Ave. (the “City Hall Lot”), 301 Pierce St. (the “CMA Lot”), 28 N. Garden Ave. (the “Garden Ave. Lot”), and/or 640 Pierce St. (the “MSB Lot”) as follows: i. Sunday morning worship: 52 Sundays annually, 6 a.m. – 2 p.m. (No less than 125 spaces); ii. Staff parking: weekdays, 52 weeks annually, Monday – Friday, 6 a.m. – 10 p.m. (No less than 20 spaces); iii. Holy Days traditionally observed in the Liturgical Year: 1. Annual (varying) dates, depending on Easter Sunday: a. Ash Wednesday: February or March TBD (No less than 75 spaces 11:30 a.m. – 9 p.m.); b. Maundy Thursday: last Thursday before Easter (No less than 75 spaces 11:30 a.m. – 9 p.m.); [RE22-1313-178/293301/1] 14 c. Good Friday (last Friday before Easter) (No less than 75 spaces 11:30 a.m. – 9 p.m.); iv. Christmas Eve, December 24 (No less than 125 spaces, Noon – 12:00 a.m.); v. Concert Dates, Second Sundays October – March (No less than 125 spaces from 2 p.m. – 5 p.m.) c. Should the construction of the garage exceed a period of two (2) years from the date Seller is required to vacate its temporary parking rights on the Property, and Seller is not accommodated within the lots enumerated above in 2(b), the Buyer shall provide an alternative parking location meeting the requirements set forth above, and if said location is a distance further than .3 miles (equidistant from Peace to the Garden Ave. Lot or MSB Lot), the Buyer will provide for a valet service to shuttle parishioners to and from the Seller’s Adjacent Parcel during the enumerated times or such reduced times as may be agreed upon between the Parties. 3. CRA Covenants. CRA covenants as follows: a. The ground floor commercial spaces within the garage shall be leased or otherwise occupied by commercial for-profit entities, unless otherwise consented to by Seller, which consent shall not be unreasonably withheld, and the following uses shall be prohibited: i. Any adult bookstore or other establishment selling or exhibiting pornographic materials; ii. Any establishment selling or exhibiting merchandise or paraphernalia related to the use or production of illicit drugs; iii. Liquor stores or bars (alcohol may be served in bona fide restaurants); iv. Tattoo parlors; v. CBD or marijuana dispensaries; vi. Hookah lounges; vii. Gaming or betting facilities. b. These restrictions apply only as may be permitted by law. c. The CRA shall not convey or transfer any interest in the Property until such time that the Garage is fully constructed and operational and available for use by Peace pursuant to the CREA, except for lease or transfer for any commercial uses within the garage as contemplated. d. Construction Parameters. i. Subject to the requirements of the Agreement and this Exhibit, the CRA shall retain ultimate decision making, follow applicable regulatory processes, and defer to CRA or City Council decision making, as applicable, however, Peace shall have the opportunity to present its preferences to the CRA for consideration. Notwithstanding the foregoing, the garage design shall be in keeping with the Mediterranean style and original color palette of the historic 1921 sanctuary Seller’s Adjacent Parcel. [RE22-1313-178/293301/1] 15 ii. Seller’s existing chiller on the Property (”Chiller”) may be moved at CRA expense to a temporary location during the construction of the garage. If Seller is not able to connect to the County chilling system, at Seller expense, then it is anticipated that the CRA would place the Chiller on the roof of the garage or accommodate it at another location secured by the CRA – in close proximity, at CRA expense, without interruption of Peace’s cooling capacity or service. 4. Easements. The Parties shall grant mutual easements as follows: a. Easement in favor of CRA to construct, own and maintain “Covered Walkway” in a location mutually agreeable to the Parties. This easement shall survive until such time as the walkway is removed because Seller’s Adjacent Parcel is no longer used for a religious use by Seller. b. Ingress, Egress (pedestrian and vehicular) and Parking Easement in favor of Peace on the Property. c. A Pedestrian ingress, egress easement through the alley in favor of the Public. A vehicular ingress, egress easement through the alley in favor of the City and CRA for purposes of repair and maintenance to the garage. The Parties acknowledge that the entrance to/exit from the garage will not be located on the East/alley side of the Property. d. Those certain reservation of easements and grant of easements, and any other conditions necessitated by the vacation of Division Street as provided for in Section 37, above, and the related City Ordinance. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0714 Agenda Date: 8/18/2022 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Information Technology Agenda Number: 7.10 SUBJECT/RECOMMENDATION: Authorize a Purchase Order to GSA Security, Inc. of Tampa, FL, for the purchase, installation, maintenance, and repairs of security cameras in the not-to-exceed amount of $550,000.00 for a two-year term expiring on June 24, 2024, pursuant to Clearwater Code of Ordinances Section 2.563(1)(c), Piggyback, and authorize the appropriate officials to execute same. (consent) SUMMARY: The City currently has approximately 750 Axis IP security cameras composed primarily of exterior facility security cameras. The Information Technology Department requests authorization to use GSA Security for the purchase and installation of new cameras and the maintenance of new and existing camera ’s, piggybacking off of the City of St Petersburg RFP 7222, Security Cameras, Installation, Maintenance and Repairs which expires on June 24, 2024. Future projects anticipated during this contract term include Crest Lake Park, Imagine Clearwater Waterfront, Cleveland Street Downtown District, PD District 3 Substation, and other locations for the Intelligent Policing Project. APPROPRIATION CODE AND AMOUNT: Installation of security cameras at other city facilities will be funded from various operating / capital codes as requested, and CIP 94873 (Citywide Camera System). USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 8/17/2022 FIRST AMENDMENT TO AGREEMENT TJilS FIRST AMENDMENT ("First Amendment") is made and entered into on this _24th_ day of June, 2022, by and between GSA Security, Inc. ("Contractor") and the City of St. Petersburg, Florida ("City") ( collectively, "Parties"). WHEREAS, the Parties entered into an agreement on June 25, 2019 ("Agreement") for Contractor to provide the City with equipment, installation, and repair and troubleshooting support for the City's IP-based camera systems; and WHEREAS, even though the Parties never executed amendments to the Agreement to reflect increases in the Maximum Annual Price (as that term was defined in the Agreement), the City and Contractor mutually agreed to the following adjustments to the Maximum Annual Price: (I) on December 5, 2019, to increase the Maximum Annual Price for the period from June 25, 2019 through June 24, 2020 to $367,000, (2) on April 28, 2020, to increase the Maximum Annual Price for the period from June 25, 2019 through June 24, 2020 to $392,000, and (3) on November 5, 2020, to increase the Maximum Annual Price for the period from June 25, 2020 through June 24, 2021 to $300,000; and WHEREAS, the Parties now desire to exercise the renewal option to extend the Term for an additional two-year period and to increase the Maximum Contract Price for the Agreement. NOW, THEREFORE, for and in consideration of the foregoing recitals (which are hereby integrated into this First Amendment as an integral part hereof), the mutual promises, covenants, and conditions herein contained, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties hereby agree as follows: I.Paragraph 3 of the Agreement is hereby amended to read as follows: Term. The term of this Agreement commenced on June 25, 2019 and terminates on June 24, 2024 ("Term"), unless this Agreement is earlier terminated as provided for herein. 2.Paragraph SA. of the Agreement is hereby amended to read as follows: Provided Contractor faithfully performs its obligations contained in this Agreement, the City shall pay Contractor for the equipment and services rendered in accordance with the prices for such equipment and services set forth in Appendix B of this Agreement ("Pricing"); provided, however, that the City shall not be required to pay Contractor for equipment or services unless they conform to the requirements of this Agreement, and further provided that the total amount paid to Contractor pursuant to this Agreement, which shall be inclusive of any out-of-pocket expenses (including but not limited to transportation, mileage, lodging, and meals) shall not exceed nine hundred ninety two thousand dollars ($992,000) for the Term ("Maximum Contract Price"). Contractor shall invoice the City for equipment and services in accordance with procedures established by the City. The Pricing and the Maximum Contract Price may be increased only in strict accordance with this Agreement. 3. Paragraph 35B. ofthe Agreement is hereby amended to read as follows: There shall be no increase in the Pricing or the Maximum Contract Price on account of any Contract Adjustment made necessary or appropriate as a result of the mismanagement, improper act, or other failure of Contractor or its employees, agents or subcontractors to properly perfiorm their obligations and functions under this Agreernent. 4. Paragraph 35D. of the Agreernent is hereby amended to read as follows: Notwithstanding anything to the contrary contained in this Agreement, there shall be no increase in the Pricing or the Maximum Contract Price except pursuant to an amendment to this Agreement made in accordance with this Ageement. Any and all provisions of the Agreement not specifically amended by this First Amendment remain in full force and effect. 5 [REMAINDER OF PAGE INTENTIONALLY LEFT BLANKI2 IN WITNESS WHEREOF, Contractor and the City have caused this First Amendment to be executed by their duly authorized representatives on the date first above written. GSA SECURIT INC.: By: Pnnt:Mo4l N".+l*-- Title: (Oa CITY OF ST. PETERSBLIRG, FLORIDA: ATTEST (SEAL) By: David E. Malone, CPSM, Director Procurement & Supply Management City Clerk (Designee) Provisions of Contract Approved Approved as to Form and Content: By: City Attomey (Designee) 00625391 Pnnt: hoject Manager Brett M. Fravel AGREEMENTTHISAGREEMENT,(“Agreement”)ismadeandenteredintoonthe25dayofJune,2019(“EffectiveDate”),byandbetweenGSASecurity,Inc.(“Contractor”)andtheCityofSt.Petersburg,Florida,(“City”)(collectively,“Parties”).WITNESSETH:NOW,THEREFORE,inconsiderationofthepromisesandcovenantscontainedherein,andothergoodandvaluableconsideration,thereceiptandadequacyofwhichareherebyacknowledged,thePartiesagreeasfollows:ContractorDuties.ContractorshallperformthescopeofservicessetforthinAppendixAofthisAgreement(“ScopeofServices”)fortheCityandprovidetheequipmentlistedinAppendixBofthisAgreementtotheCityonanas-neededbasisinfullandcompleteaccordancewiththisAgreement.Withoutlimitingthegeneralityoftheforegoing,Contractorshallprovideequipment,performtheinstallationofcameraenclosures,IPbasedcameras(bothinteriorandexterior)andwireless-bridgehardwarefortheCity,andprovidemonthlyrepairandtroubleshootingsupporttotheCityonanas-neededbasisinaccordancewiththisAgreement.AppendixAandAppendixBareattachedtothisAgreementandmadeaparthereof.UponreceiptofapurchaseorderissuedbytheCitytoContractorinaccordancewiththisAgreement(individually,“PurchaseOrder”andcollectively,“PurchaseOrders”),ContractorshallfurnishtheCitywiththeequipmentand/orservicesordered,totheextentsuchequipmentandservicesaresetforthinthisAgreement.2.AgreementComponents.A.TheagreementcomponentsarethisAgreement,theappendicestothisAgreement,theattachedCSPBPAFORMorCSPCPAFORM,asapplicable(“BPA/CPAForm”),anyPurchaseOrders,andthefollowingdocuments,whicharemadeaparthereofbyreference(“OtherDocuments”):(i)RFP#7222datedFebruary17,2019(“Document1”)(ii)Q&ADocumentdatedMarch7,2019(“Document2”)(iii)Quote9496datedMarch12,2019(“Document3”)B.IntheeventofaninconsistencyorconflictbetweenoramongthedocumentsreferencedinthisAgreement,thefollowingorderofprecedenceshallgovern:(i)thisAgreement,exclusiveofitsappendices,(ii)theappendicestothisAgreement,(iii)theBPA/CPAForm,(iv)PurchaseOrders,ifany,and(v)theOtherDocuments.IntheeventofaninconsistencyorconflictbetweenoramongtheOtherDocuments,theorderofprecedenceshallbetheorderthedocumentsarelistedabove(e.g.Document1shallgovernoverDocument2,Document2shallgovernoverDocument3,etc.).1 3.Term.TheinitialTermofthisAgreementshallbethreeyearscommencingontheEffectiveDate,unlessthisAgreementisearlierterminatedasprovidedforherein.TheCityreservestherighttoextendthisAgreementunderthesametermsandconditionsforone(2)-yearperiodattheendoftheinitialTerm,providedsuchextensionismutuallyagreeduponbybothPartiesinwriting.ReferencesinthisAgreementto“Term”shallincludetheinitialTermandallrenewalTerms.4.Ordering.TheCitywillissuePurchaseOrdersonanas-neededbasis.NothingcontainedhereinshallbeconstruedtoobligatetheCitytoissueanyPurchaseOrdersunderthisAgreement.Whenordering,theCitywillfurnishContractorwithaPurchaseOrdernumber;nameofdepartment;nameofpersonplacingtheorder,dateoforder;descriptionofequipmentandservicesordered;andanyrequiredschedule.5.Payment.A.ProvidedContractorfaithfullyperformsitsobligationscontainedinthisAgreement,theCityshallpayContractorfortheequipmentandservicesrenderedinaccordancewiththepricesforsuchequipmentandservicessetforthinAppendixBofthisAgreement(“Pricing”);provided,however,thattheCityshallnotberequiredtopayContractorforequipmentorservicesunlesstheyconformtotherequirementsofthisAgreement,andfurtherprovidedthatthetotalamountpaidtoContractorpursuanttothisAgreement,whichshallbeinclusiveofanyout-of-pocketexpenses(includingbutnotlimitedtotransportation,mileage,lodging,andmeals)shallnotexceedonehundredandsixtyseventhousanddollars($167,000)annually(“MaximumAnnualPrice”).ContractorshallinvoicetheCityforequipmentandservicesinaccordancewithproceduresestablishedbytheCity.ThePricingandtheMaximumAnnualPricemaybeincreasedonlyinstrictaccordancewiththisAgreement.B.ThePricingshallremainfirmfor12months.Afterthefirst12monthsoftheinitialTerm,adjustmentsinthepricessetforthinAppendixBforservicesshallnotexceedtheU.S.BureauofLaborStatisticsEmploymentCostIndex(“ECI”)percentchangeforthemostrecenttwelvemonthperiod(seehttp://www.bls.gov/),totalcompensationforPrivateindustryworkersinInstallation,maintenance,andrepair,12-monthpercentchange.SeriesID:C1U2010000430000A.Approvalofanypriceadjustmentwillestablishanewbaseprice,fromwhichsubsequentadjustmentswillbecalculated.AnyincreaseinthePricingshallbemadebymutualagreementbetweenthePartiesinwriting.Further,ContractorshallmaintaincompetitivepricesfortheTerm,andsuchpricesshallbecomparabletothoseprovidedtoothercustomersreceivingsimilarequipmentandservicesastheCity.6.Invoices.a.Allinvoicesshallbesubmittedtoap@stpete.organdshallcontainthefollowinginformation:2 1.City’sPurchaseOrdernumber;2.NameofContractor,3.Dateofpreparationofinvoice,4.Contractor’sinvoicenumber,5.AddresstowhichtheCityistosendpayment,6.Adescriptionoftheequipmentandservices,includingquantities,unitprices,andextensions,7.Discountpaymentterms,ifapplicable,and8.NameofrequestingCitydepartmentforwhomanyequipmentwasdelivered.b.ProvidedContractorisincompliancewiththisAgreement,theCityshallpayeachinvoicewithinthirty(30)daysafterreceiptofsuchinvoice.c.CashDiscounts.IntheeventtheCityisentitledtoacashdiscountforearlypaymentofinvoices,theperiodofcomputationforthecashdiscountwillcommenceonthedateoftheCity’sreceiptofaninvoicecompletedincompliancewiththisAgreement.Ifanadjustmenttopaymentisnecessaryduetodamagetoequipment,thecashdiscountperiodshallcommenceonthedatetheCityapprovestheequipmentinaccordancewiththisAgreement.7.DeliveryofEquipment.A.DateandLocation.AllequipmentorderedbytheCityinaccordancewiththisAgreementshallbedeliveredtotheshippinglocationsetforthinthePurchaseOrderinaccordancewiththedeliverydate(s)specifiedinthePurchaseOrder.TimeisoftheessenceastoContractor’sobligationtodelivertheequipmentinaccordancewiththisAgreement.B.Documentation.UnlessotherwiseagreedtobytheCityinwriting,alldeliveriesmadebyContractorpursuanttothePurchaseOrdershallbeaccompaniedbydeliveryticketsorsalesslipswhichshallcontainthefollowinginformation:(i)NameofContractor,(ii)PurchaseOrderNumber,(iii)Descriptionofequipmentdelivered(includingmodelnumberandCity’sinventoryitemnumberifapplicable),(iv)Quantityoftheequipment,and(v)Dateofshipmentoftheequipment.C.Default.IntheeventContractorfailstodelivertheequipmentinaccordancewiththedeliverydate(s)specifiedintheapplicablePurchaseOrder,theCitymayordersubstituteequipmentfromanothervendorandrecoverfromContractorasdamagesthedifferencebetweenthecostofcoverandthepriceofsuchequipmentunderthis3 Agreement,togetherwithanyincidentalorconsequentialdamages.FailureoftheCitytoeffectcoverdoesnotbaritfromanyotherremedy.8.InspectionsandAcceptanceofEquipment.A.Inspection.TheCityshallhavearighttoinspectanyequipmentprovidedbyContractortotheCityunderthisAgreementwithinareasonabletimenottoexceedten(10)businessdaysafterdeliverytodeterminewhethertheequipmentconformstotheSpecifications(asdefinedherein).B.Acceptance.TheCityshallaccepttheequipmentdeliveredpursuanttoeachPurchaseOrderifalloftheequipmentforthatPurchaseOrderfullyconformstotheSpecificationsandtherequirementsofthisAgreement.C.NonconformingGoods.TheCitywillgiveContractornotificationwithinfifteen(15)businessdaysaftertheCity’sreceiptoftheequipmentofanydiscoverybytheCityofnon-conformanceofanyoftheequipmentwiththeSpecifications(“Nonconformance”).ContractorshallcorrecttheNon-conformanceorexchangethedefectiveequipmentwithreplacementequipmentwithinareasonabletimemutuallyagreedtobytheParties,atnoadditionalcosttotheCity.Contractor’sfailuretotimelycorrectanyNon-conformanceisgroundsfortheCitytorejectandreturntoContractoranyorallequipmentdeliveredpursuanttotheapplicablePurchaseOrderatnoadditionalcosttotheCity.IntheeventtheCityrejectsanyoralloftheequipmentduetoNon-conformance,theCitymayordersubstituteequipmentfromanothervendorandrecoverfromContractorasdamagesthedifferencebetweenthecostofcoverandthepriceofsuchequipmentunderthisAgreement,togetherwithanyincidentalorconsequentialdamages.FailureoftheCitytoeffectcoverdoesnotbaritfromanyotherremedy.9.Indemnification.A.Contractorshalldefendatitsexpense,payonbehalfof,holdharmlessandindemnifytheCity,itsofficers,employees,agents,electedandappointedofficialsandvolunteers(collectively,“IndemnifiedParties”)fromandagainstanyandallclaims,demands,liens,liabilities,penalties,fines,fees,judgments,lossesanddamages(collectively,“Claims”),whetherornotalawsuitisfiled,including,butnotlimitedtoClaimsfordamagetopropertyorbodilyorpersonalinjuries,includingdeathatanytimeresultingtherefrom,sustainedbyanypersonsorentities;andcosts,expensesandattorneys’andexperts’feesattrialandonappeal,whichClaimsareallegedorclaimedtohavearisenoutoforinconnectionwith,inwholeorinpart,directlyorindirectly:(i)TheperformanceofthisAgreement(includinganyamendmentsthereto)byContractor,itsemployees,agents,representativesorsubcontractors;or4 (ii)ThefailureofContractor,itsemployees,agents,representativesorsubcontractorstocomplyandconformwithapplicableLaws(asdefinedherein);or(iii)AnynegligentactoromissionofContractor,itsemployees,agents,representatives,orsubcontractors,whetherornotsuchnegligenceisclaimedtobeeithersolelythatofContractor,itsemployees,agents,representativesorsubcontractors,ortobeinconjunctionwiththeclaimednegligenceofothers,includingthatofanyoftheIndemnifiedParties;or(iv)AnyrecklessorintentionalwrongfulactoromissionofContractor,itsemployees,agents,representatives,orsubcontractors;or(v)Contractor’sfailuretomaintain,preserve,retain,produce,orprotectrecordsinaccordancewiththisAgreementandapplicableLaws(includingbutnotlimitedtoFloridalawsregardingpublicrecords);or(vi)Anyinfringementorallegedinfringementoftheequipment,theCity’suseoftheequipment(providedthatContractorwasnotifiedoftheCity’sintendeduseorprovidedthatsuchuseiscustomaryforequipmentofthattype),oranymaterialscontainedintheequipmentuponanycopyright,trademark,patent,ortradesecretrightofanyparty.B.Theprovisionsofthisparagraphareindependentof,andwillnotbelimitedby,anyinsurancerequiredtobeobtainedbyContractorpursuanttothisAgreementorotherwiseobtainedbyContractor,andshallsurvivetheexpirationorearlierterminationofthisAgreementwithrespecttoanyclaimsorliabilityarisinginconnectionwithanyeventoccurringpriortosuchexpirationortermination.10.Insurance.A.Contractorshallcarrythefollowingminimumtypesandamountsofinsuranceatitsownexpense:(i)CommercialgeneralliabilityinsuranceinanamountofatleastOneMillionDollars($1,000,000)peroccurrence,TwoMillionDollars($2,000,000)aggregateinoccurrencesform.Thispolicyshallincludecoveragefor(i)personalinjuryordeathorpropertydamageordestruction;(ii)businessinterruption;(iii)firelegalliabilityintheminimumamountofOneHundredThousandDollars($100,000);and(iv)contractualliabilityunderthisAgreement.(ii)Automobileliabilityinsuranceof$1,000,000combinedsinglelimitcoveringallowned,hiredandnon-ownedvehicles.(iii)Workers’CompensationinsuranceasrequiredbyFloridalawand5 Employers’LiabilityInsuranceinanamountofatleast$100,000eachaccident,$100,000peremployee,and$500,000foralldiseases.B.AllofContractor’sinsurancepolicies,exceptWorkers’Compensation,shallnametheIndemnifiedpartiesasadditionalinsureds.C.AllpoliciesshallprovidethattheCitywillbeprovidednoticeatleastthirty(30)dayspriortoanycancellation,reductionormaterialchangeincoverage.D.ContractorshallprovidetheCitywithCertificatesofInsuranceonastandardACORDformreflectingallrequiredcoverage.AttheCity’srequest,Contractorshallprovidecopiesofcurrentpolicieswithallapplicableendorsements.E.AllinsurancerequiredshallbeprovidedbyresponsibleinsurerslicensedintheStateofFloridaandratedatleastA-inthethencurrenteditionofBest’sInsuranceGuide.F.ContractorherebywaivesallsubrogationrightsofitsinsurancecarriersinfavoroftheIndemnifiedParties.Thisprovisionisintendedtowaivefully,andforthebenefitoftheIndemnifiedParties,anyrightsorclaimswhichmightgiverisetoarightofsubrogationinfavorofanyinsurancecarrier.G.TheCityshallhavetherighttoreasonablyincreasetheamountorexpandthescopeofinsurancetobemaintainedbyContractorhereunderfromtimetotime.11.Notices.UnlessandtotheextentotherwiseprovidedinthisAgreement,allnotices,demands,requestsforapprovalsandothercommunicationswhicharerequiredtobegivenbyeitherpartytotheothershallbeinwritingandshallbedeemedgivenanddeliveredonthedatedeliveredinperson,upontheexpirationoffive(5)daysfollowingthedatemailedbyregisteredorcertifiedmail,postageprepaid,returnreceiptrequestedtotheaddressprovidedbelow,oruponthedatedeliveredbyovernightcourier(signaturerequired)totheaddressprovidedbelow.CITY:CityofSt.PetersburgProcurementandSupplyManagementDepartmentP.0.Box2842St.Petersburg,FL33731Phone:727-893-7027Attention:LouisMooreCONTRACTOR:GSASecurity,Inc.6 4412WOsborneAveTampa,FL33614Attn:MattWurthner12.Severability.ShouldanyparagraphorportionofanyparagraphofthisAgreementberenderedvoid,invalidorunenforceablebyanycourtoflawforanyreason,suchdeterminationshallnotrendervoid,invalidorunenforceableanyotherparagraphorportionofthisAgreement.13.DueAuthority.EachpartytothisAgreementthatisnotanindividualrepresentsandwarrantstotheotherpartythat(i)itisadulyorganized,qualifiedandexistingentityauthorizedtodobusinessunderthelawsoftheStateofFlorida,and(ii)allappropriateauthorityexistssoastodulyauthorizethepersonexecutingthisAgreementtosoexecutethesameandfullybindthepartyonwhosebehalfheorsheisexecuting.14.Assignment.ContractorshallmakenoassignmentofthisAgreementwithoutthepriorwrittenconsentoftheCity.AnyassignmentofthisAgreementcontrarytothisparagraphshallbevoidandshallconfernorightsupontheassignee.15.Termination.A.ThisAgreementmaybeterminatedatanytimebytheCityforconvenienceuponthirty(30)dayswrittennoticetoContractor.B.TheCitymayterminatethisAgreementuponwrittennoticetoContractorintheeventContractordefaultsonanyofthetermsandconditionsofthisAgreementandsuchfailurecontinuesforaperiodofthirty(30)daysfollowingnoticefromtheCityspecifyingthedefault;provided,however,thattheCitymayimmediatelyterminatethisAgreement,withoutprovidingContractorwithnoticeofdefaultoranopportunitytocure,iftheCitydeterminesthatContractorhasfailedtocomplywithanyofthetermsandconditionsofthisAgreementrelatedtosafety,indemnificationorinsurancecoverage.C.TheCitymayterminatethisAgreementasprovidedinFloridaStatutesection287.135.D.TerminationofthisAgreementshallactasaterminationoftheBPA/CPAForm,thePurchaseOrders,ifany,andtheOtherDocuments.16.GoverningLawandVenue.ThelawsoftheStateofFloridashallgovernthisAgreement.VenueforanyactionbroughtinstatecourtshallbeinPinellasCounty,St.PetersburgDivision.VenueforanyactionbroughtinfederalcourtshallbeintheMiddleDistrictofFlorida,TampaDivision,unlessadivisionshallbecreatedinSt.PetersburgorPinellasCounty,inwhichcasetheactionshallbebroughtinthatdivision.Eachpartywaivesanydefense,whetherassertedbymotionorpleading,thattheaforementionedcourtsareanimproperorinconvenientvenue.Moreover,theParties7 consenttothepersonaljurisdictionoftheaforementionedcourtsandirrevocablywaiveanyobjectionstosaidjurisdiction.17.Amendment.ThisAgreementmaybeamendedonlyinwritingexecutedbytheParties.18.EntireAgreement.ThisAgreementconstitutestheentireagreementbetweenthePartiesandsupersedesallpriorandcontemporaneousagreements,whetheroralorwritten,betweenthem.19.CompliancewithLaws.Contractorshallcomplyatalltimeswithallfederal,state,andlocalstatutes,rules,regulationsandordinances,thefederalandstateconstitutions,andtheordersanddecreesoflawfulauthoritieshavingjurisdictionoverthematteratissue(collectively,“Laws”),includingbutnotlimitedtoFloridalawsregardingpublicrecords.ContractorherebymakesallcertificationsrequiredunderFloridaStatutesection287.135.ContractorshallalsocomplywithallapplicableCitypoliciesandprocedures.20.ThirdPartyBeneficiary.NotwithstandinganythingtothecontrarycontainedinthisAgreement,personsorentitiesnotapartytothisAgreementmaynotclaimanybenefithereunderorasthirdpartybeneficiarieshereto.21.NoLiens.ContractorshallnotsufferanylienstobefiledagainstanyCitypropertybyreasonofanywork,labor,servicesormaterialsperformedatorfurnishedtoCityproperty,toContractor,ortoanyoneusingCitypropertythroughorunderContractor.NothingcontainedinthisAgreementshallbeconstruedasaconsentonthepartoftheCitytosubjectCitypropertyoranypartthereoftoanylienorliabilityunderanyLaws.22.NoConstructionagainstPreparerofAgreement.ThisAgreementhasbeenpreparedbytheCityandreviewedbyContractoranditsprofessionaladvisors.TheCity,ContractorandContractor’sprofessionaladvisorsbelievethatthisAgreementexpressestheiragreementandthatitshouldnotbeinterpretedinfavorofeithertheCityorContractororagainsttheCityorContractormerelybecauseoftheireffortsinpreparingit.23.UseofName.SubjecttotherequirementsofFloridalawsregardingpublicrecords,neitherpartyshallusetheotherparty’snameinconjunctionwithanyendorsement,sponsorship,oradvertisementwithoutthewrittenconsentofthenamedparty,exceptthatContractormayrefertotheCityinclientlist.24.Non-appropriation.TheobligationsoftheCityastoanyfundingrequiredpursuanttothisAgreementshallbelimitedtoanobligationinanygivenyeartobudget,appropriateandpayfromlegallyavailablefunds,aftermoniesforessentialCityserviceshavebeenbudgetedandappropriated,sufficientmoniesforthefundingthatisrequiredduringthatyear.Notwithstandingtheforegoing,theCityshallnotbeprohibitedfrompledginganylegallyavailablenon-advaloremrevenuesforany8 obligationsheretoforeorhereafterincurred,whichpledgeshallbepriorandsuperiortoanyobligationoftheCitypursuanttothisAgreement.25.CityConsentandAction.A.ForpurposesofthisAgreement,anyrequiredwrittenpermission,consent,acceptance,approval,oragreementbytheCitymeanstheapprovaloftheMayororhisauthorizeddesignee,unlessotherwisesetforthinthisAgreementorunlessotherwiserequiredtobeexercisedbyCityCouncilpursuanttotheCityCharterorapplicableLaws.B.ForpurposesofthisAgreement,anyrightoftheCitytotakeanyactionpermitted,allowed,orrequiredbythisAgreementmaybeexercisedbytheMayororhisauthorizeddesignee,unlessotherwisesetforthinthisAgreementorunlessotherwiserequiredtobeexercisedbyCityCouncilpursuanttotheCityCharterorapplicableLaws.26.Captions.CaptionsareforconvenienceonlyandshallnotcontroloraffectthemeaningorconstructionofanyoftheprovisionsofthisAgreement.27.BooksandRecords.Contractorshallprepareinaccordancewithgenerallyacceptedaccountingpracticeandshallkeep,attheaddressfordeliveryofnoticessetforthinthisAgreement,accuratebooksofaccount.AllbooksandrecordswithrespecttothisAgreementshallbekeptbyContractorandshallbeopentoexaminationorauditbytheCityfortheTermandfortheretentionperiodssetforthinthemostrecentGeneralRecordsScheduleGS1-SLforStateandLocalGovernmentAgencies.NothinghereinshallbeconstruedtoallowdestructionofrecordsthatmayberequiredtoberetainedlongerbythestatutesoftheStateofFlorida.28.Survival.AllobligationsandrightsofanypartyarisingduringorattributabletotheperiodpriortoexpirationorearlierterminationofthisAgreement,includingbutnotlimitedtothoseobligationsandrightsrelatedtoindemnification,shallsurvivesuchexpirationorearliertermination.29.ForceMajcure.Intheeventthateitherpartyheretoshallbedelayedorhinderedinorpreventedfromtheperformancerequiredhereunderbyreasonofstrikes,lockouts,labortroubles,failureofpower,riots,insurrection,war,actsofGod,orotherreasonoflikenaturenotthefaultofthepartydelayedinperformingworkordoingacts(“PermittedDelay”),suchpartyshallbeexcusedfortheperiodoftimeequivalenttothedelaycausedbysuchPermittedDelay.Notwithstandingtheforegoing,anyextensionoftimeforaPermittedDelayshallbeconditioneduponthepartyseekinganextensionoftimedeliveringwrittennoticeofsuchPermittedDelaytotheotherpartywithinten(10)daysoftheeventcausingthePermittedDelay.30.NoWaiver.NoprovisionofthisAgreementwillbedeemedwaivedbyeitherparty9 unlessexpresslywaivedinwritingsignedbythewaivingparty.Nowaivershallbeimpliedbydelayoranyotheractoromissionofeitherparty.NowaiverbyeitherpartyofanyprovisionofthisAgreementshallbedeemedawaiverofsuchprovisionwithrespecttoanysubsequentmatterrelatingtosuchprovision,andtheCity’sconsentrespectinganyactionbyContractorshallnotconstituteawaiveroftherequirementforobtainingtheCity’sconsentrespectinganysubsequentaction.31.PermitsandLicenses.Contractorshallberesponsibleforobtaininganyandallnecessarypermits,licenses,certificationsandapprovalswhichmayberequiredbyanygovernmentagencyinconnectionwithContractor’sperformanceofthisAgreement.UponrequestoftheCity,ContractorshallprovidetheCitywithwrittenevidenceofsuchpermits,licenses,certificationsandapprovals.32.SuccessorsandAssigns.ThisAgreementshallinuretothebenefitofandbeenforceablebyandagainsttheParties,theirheirs,personalrepresentatives,successors,andassigns,includingsuccessorsbywayofreorganization.33.Subcontract.ThehiringoruseofoutsideservicesorsubcontractorsinconnectionwiththeperformanceofContractor’sobligationsunderthisAgreementshallnotbepermittedwithoutthepriorwrittenapprovaloftheCity,whichapprovalmaybewithheldbytheCityinitssoleandabsolutediscretion.Contractorshallpromptlypayallsubcontractorsandsuppliers.34.RelationshipofParties.NothingcontainedhereinshallbedeemedorconstruedbytheParties,orbyanythirdparty,ascreatingtherelationshipofprincipalandagentorofpartnershiporofjointventurebetweentheParties,itbeingunderstoodandagreedthatnothingcontainedherein,noranyactsoftheParties,shallbedeemedtocreateanyrelationshipbetweenthePartiesotherthantherelationshipofindependentcontractorsandprincipalsoftheirownaccounts.35.ContractAdjustments.A.Eitherpartymayproposeadditions,deletionsormodificationstotheScopeofServices(“ContractAdjustments”)inwhatevermannersuchpartydeterminestobereasonablynecessaryforpropercompliancewiththisAgreement.ProposalsforContractAdjustmentsshallbesubmittedtothenon-requestingpartyintheformagreedtobytheParties.ContractAdjustmentsshallbeeffectedthroughamendmentstothisAgreementmadeinaccordancewiththisAgreement.B.ThereshallbenoincreaseinthePricingortheMaximumAnnualPriceonaccountofanyContractAdjustmentmadenecessaryorappropriateasaresultofthemismanagement,improperact,orotherfailureofContractororitsemployees,agentsorsubcontractorstoproperlyperformtheirobligationsandfunctionsunderthisAgreement.C.IntheeventContractorproposesaContractAdjustmentandtheCitydoesnot10 approvesuchContractAdjustment,ContractorwillcontinuetoperformtheoriginalScopeofServicesinaccordancewiththetermsandconditionsofthisAgreement.D.NotwithstandinganythingtothecontrarycontainedinthisAgreement,thereshallbenoincreaseinthePricingortheMaximumAnnualPriceexceptpursuanttoanamendmenttothisAgreementmadeinaccordancewiththisAgreement.E.TheCitymaymakeadditions,deletionsormodificationstoanyPurchaseOrderatanytimeuponmutualagreementoftheParties;provided,however,theCitymaymodifytheequipmentorderedunderaPurchaseOrderwithoutContractor’sconsentatanytimebeforeContractorsendssuchequipmentoutfordelivery.36.ServicesWarranties.Inadditiontoanyotherwarrantiesthatmayexist,ContractorwarrantstotheCitythattheservicesrequiredtobeperformedbyContractorpursuanttothisAgreementwillbeperformedinaworkmanlikemannerconsistentwithindustrystandardsreasonablyapplicabletotheperformanceofsuchservices.37.EquipmentWarranties.A.Scope.Inadditiontoanyotherwarrantiesthatmayexist,includingbutnotlimitedtoanywarrantiessetforthintheBPA/CPAForm,aPurchaseOrder(includinganyattachmentstosuchPurchaseOrder),andanywarrantiesofferedoracceptedbyContractorintheSolicitationDocuments,ContractorwarrantsthatasoftheCity’sacceptanceofanyequipmentprovidedbyContractortotheCityunderthisAgreement,theequipmentshall(i)conformtothespecificationssetforthinthePurchaseOrderoritsattachmentsorthespecificationssetforthintheSolicitationDocuments,ifany(“Specifications”);(ii)befreefromdefectsinmaterialsandworkmanship;and(iii)befitforthepurposeforwhichsuchequipmentareordinarilyemployedand,ifapplicable,forthepurposesetforthintheSolicitationDocuments.Contractorfurtherwarrantsthattheequipmentshallfunctionandperformproperlyforaperiodoftwelve(12)monthsaftertheCity’sacceptanceoftheequipment.TotheextentlongerwarrantyperiodsaresetforthintheBPA/CPAForm,aPurchaseOrder(includinganyattachmentstosuchPurchaseOrder),ortheSolicitationDocuments,suchlongerwarrantyperiodsshallapply.B.Remedy.IntheeventtheCitydiscoversduringtheapplicablewarrantyperiodthattheequipmentoranyportionorpartsthereofwerenotaswarranted,theCityshallnotifyContractorwithinten(10)businessdaysafterdiscovery,andContractorshallrepairorreplacethedefectiveequipmentorpartsatnocosttotheCitywithinareasonabletimemutuallyagreedtobytheParties.RepairorreplacedequipmentorpartsshallbewarrantedasnewequipmentiswarrantedpursuanttothisAgreement.38.TitleandRiskofLoss.TitletoandriskoflossinanyequipmentprovidedbyContractortotheCityunderthisAgreementshallremainwithContractoruntiltheCity’spossessionandacceptanceoftheequipmentinaccordancewiththisAgreement.11 39.ClearTitle.ContractorshalldeliverallequipmenttotheCitywithcleartitleandfreeofallliens,claims,orencumbrancesofanykind.40.Non-ExclusiveAgreement.ThisAgreementshallimposenoobligationontheCitytoutilizeContractorfortheprocurementofthistypeofequipmentandserviceswhichmaybeneededduringtheTerm.Thisisnotanexclusiveagreement.TheCityspecificallyreservestherighttoconcurrentlycontractwithothercompaniesforsimilarequipmentandservicesifitdeemssuchactiontobeintheCity’sbestinterest.41.ContractorPersonnel.TheCityreservestherighttorequireContractortoreplaceanypersonsperformingservicespursuanttothisAgreement,includingbutnotlimitedtoContractor’semployeesandanyaffiliates’orsubcontractors’employees,whomtheCityjudgestobeincompetent,careless,unsuitableorotherwiseobjectionable,orwhosecontinueduseisdeemedcontrarytothebestinterestsoftheCity.42.PublicRecords.A.Contractorshall(i)keepandmaintainpublicrecords(asdefinedinFlorida’sPublicRecordslaw)requiredbytheCitytoperformtheservicespursuanttothisAgreement;(ii)uponrequestfromtheCityClerk’sOffice,providetheCity(atnocosttotheCity)withacopyoftherequestedrecordsorallowtherecordstobeinspectedorcopiedwithinareasonabletimeatacostthatdoesnotexceedthecostprovidedunderFlorida’sPublicRecordslaworotherapplicableLaws;(iii)ensurethatpublicrecordsinContractor’spossessionthatareexemptorconfidentialandexemptfrompublicrecordsdisclosurerequirementsarenotdisclosedexceptasauthorizedbyapplicableLawsfortheTermandaftertheexpirationorearlierterminationofthisAgreement;and(iv)aftertheexpirationorearlierterminationofthisAgreement,attheCity’srequest,eithertransfer,atnocost,totheCityallpublicrecordsinContractor’spossessionwithinten(10)daysfollowingtheCity’srequestand/orkeepandmaintainanypublicrecordsrequiredbytheCitytoperformtheservicespursuanttothisAgreement.IfContractortransfersallpublicrecordstotheCityupontheexpirationorearlierterminationofthisAgreement,Contractorshalldestroyanyduplicatepublicrecordsthatareexemptorconfidentialandexemptfrompublicrecordsdisclosurerequirements.IfContractorkeepsandmaintainspublicrecordsupontheexpirationorearlierterminationofthisAgreement,ContractorshallmeetallapplicablerequirementsforretainingpublicrecordsinaccordancewiththisAgreementandallapplicableLaws.AttheCity’srequest,allpublicrecordsstoredelectronicallybyContractorshallbeprovidedtotheCityinaformatapprovedbytheCity.B.IFCONTRACTORHASQUESTIONSREGARDINGTHEAPPLICATIONOFCHAPTER119,FLORIDASTATUTES,ASTOCONTRACTOR’SDUTYTOPROVIDEPUBLICRECORDSRELATINGTOTHISAGREEMENT,CONTACTTHECITYCLERK’SOFFICE(THECUSTODIANOFPUBLICRECORDS)12 AT(727)893-7448,CITY.CLERK(iiSTPETE.ORG,OR175FIFTHST.N.,ST.PETERSBURGFL33701.C.NothingcontainedhereinshallbeconstruedtoaffectorlimitContractor’sobligationsincludingbutnotlimitedtoContractor’sobligationstocomplywithallotherapplicableLawsandtomaintainbooksandrecordspursuanttothisAgreement.(REMAINDEROFPAGEINTENTIONALLYLEFTBANK)13 CITYOFST.PETERSBURG,FLORIDA:ATTESTBy:LouisMoore,CPPO,DirectorProcurement&SupplyManagementProvisionsofContractApproved:By:Print:ttE_1TApprovedastoFormandContent:CityAttorney(Designee)00455730ProjectManager147INWITNESSWHEREOFthePartieshavecausedthisAgreementtobeexecutedbytheirdulyauthorizedrepresentativesonthedayanddatefirstabovewritten.By:WITNESSESBZ6Print:MattWurthnerTitle:COO (AcknowledgmentofContractor)StateofFloridaCountyofHilisboroughss:CityofTampaTheforegoingAgreementwasacknowledgedbeforemethis25dayofJune,2019,byMaUWurthner,COOofGSASecurityInc(“Company”),onbehalfoftheCompany.He/Sheispersonallyknowntomeandappearedbeforemeatthetimeofnotarization.MattWurthnerwarrantsthathe/sheisauthorizedbytheCompanytoexecutetheforegoingAgreement.NOTARYPUBLIC:(SEAL)ELIZABETHAWATSONNotaryPublic-StateotFloridaCommissioneFF997592Mycommissionexpires:MyComm.ExpkisJun1.202015 AppendixAScopeofServicesTheCityoperatesaprivatewide-areaIPdatanetwork.Thisnetworkiscomprisedofseveraltechnologiesincludingcity-ownedfibercable,CATxcableandvariouswirelesslinks.Inaddition,thecityoperatesanumberofremotelocationsthroughoutthecity.Thesespecificremotesitesarecurrentlyconnectedtothecorecitynetworkviacable,fiberorcity-ownedpoint-to-pointwirelesssystems.Alloftheremotelocationsusestandards-basedVirtualPrivateNetwork(VPN)technologytosecurethecity’sdataasittraversesthenetworkservices.ThecityhasanumberofIP-basedcamerasystemsdeployed.Thesesystems,includingsite-to-siteconnectivity,cameramanagementandcontrol,andvideostoragearecurrentlymanagedbycitypersonnel.TheCitycurrentlyusestwomanagementplatformsforvideorecordingandstorage:MilestoneXProtectEnterpriseIPVideoManagementandGenetecSecurityCenteriPVideoSurveillanceSolution.Bothoftheseplatformsareconfiguredineitheradistributed-serverarchitectureorcentralizedarchitecturewherepossible.Contractorshallperformtheinstallationofcameraenclosures,IP-basedcameras,bothinteriorandexterior,and,ifneeded,wireless-bridgehardware.Contractorshallperformtheinstallationofallperipheralhardwarerequiredtocompletetheinstallation.TheCitymayelecttoprovideallhardwareappliancesincludingcameras,cameraenclosures,light-assistsystems,networkswitches,Power-over-Ethernet(PoE)injectors,surge-suppressors,andwirelessbridgesorrequesttheContractortoprocurethehardware.ThecontractorshallberequiredtoprovidealladditionalmiscellaneousmountinghardwarethatwasnotprovidedorpurchasedfromContractorbytheCitytocompletetheinstallationofcameras,cameraenclosures,light-assistsystems,networkswitches,PoEinjectors,surgesuppressors,and/orwirelessbridgeappliances.TheContractorshallalsoberequiredtoprovideallelectricalwiring,low-voltagewiring,andfibercablingnecessarytocompletetheinstallation.ContractorshallprovideaminimumoftenhoursofmonthlysupportpermonthasneededbytheCity.TheCitycurrentlyhasover250camerasinstalled,anditisestimatedthatapproximately25additionalcameraand/orwirelessbridgeinstallationswillberequiredoverthecourseofthenextyear.Thesesinstallationswillbeatlocation(s)identifiedbytheCity.ContractorResponsibilitiesAtaminimum,Contractorshallprovideandmeetthefollowingrequirements:a.ContractorshallprovideadesignatedaccountmanagerwhowillserveasthesinglepointofcontactfortheCity.Theaccountmanagershallbereadilyavailableduringnormalbusinesshourstoadministertheproject.b.Contractorshallhaveabucket-truckavailablewithanoperatorcertifiedtofollowallsafetystandardsinbucket-truckoperation. c.Contractorshallbeanauthorizeddistributorforcamerasandaccessories.Contractorshallprovideproofofauthorizeddistributorstatusforeachmanufacturerlisted.d.ContractorshallbecertifiedinGenetecSecurityCenterandanauthorizedreseller.e.ContractorshallprovideaminimumoftenhoursofmonthlysupportpermonthasneededbytheCity.f.Contractorshallhavetechniciansthatarecertifiedandauthorizedbymanufacturertoperformworkoncameras.Contractorshallprovideproofoftechniciancertificationforeachmanufacturer.g.Contractorshallbeknowledgeablein802.11wirelesstechnologiesincludingwirelessbridgeinstallationandalignment.h.Contractorshallperformobtaininganypermitsthatmayberequiredtocompletethetask.ContractorshallmaintainqualifiedindividualsthroughoutthetermandrenewalperiodoftheAgreement.FailuretodosowillresultinAgreementtermination.j.ContractorshallnotifytheCitywhenkeypersonnellistedintheVendorQuestionnairearenolongerassignedtothisAgreement.TheContractormustforwardtotheCity,forwrittenapproval,thequalificationsandexperienceofallreplacementsofkeypersonnel.k.TheContractorshallcertifythatallpersonnelassignedtoperformservicesunderthisAgreementaretrainedandarecapableofsplicing50/125and62.5/125fiberopticcable,single-modeandmulti-modecableandinstallingST,SC,SMA,FCconnectors.TheContractorshallcertifythatallpersonnelassignedtoperformservicesunderthisAgreementaretrainedandcapableofinstallingandcrimpingCAT6cableontoRJ-45connectors,110blocks,and66blocks.m.TheContractorshallprovidea“BICSI”andRegisteredCommunicationDistributionDesigner(“RCDD”)certifiedProjectManagertooverseeinstallationonprojectsgreaterthan$5,000.n.TheContractorshallprovidecopiesoftheSt.PetersburgandPinellasCountyOccupationalLicensespriortoawardoftheAgreement.TheContractorshallmaintaintheselicensesthroughoutthedurationofthetermoftheAgreement.o.Contractorshallsubmitevidenceofacertificationasalimitedenergy(lowvoltage)specialistlicensurethroughtheStateofFlorida,PinellasCountyandtheCityofSt.Petersburg.p.ContractorshallmaintaintheselicensuresthroughthetermofthisAgreement.q.ContractorshallseekapprovalfromtheCity,inwriting,tousesubcontractorspriortoaward.r.ContractorshallnotchargedamagestotheCityforsubcontractorand/oritsownnegligence.Contractorshallperformimmediatecorrectiveactionattheirownexpense.s.Contractorshalltakenecessaryprecautiontopreventworkfrombeingexposedtodamage,elementsandinjury,untiltheCityacceptswork.t.Contractorshallperformwork,withlittletonointerference,toprivatebusinessesorpublictravel.u.Contractor,atitsownexpense,shallprovideandmaintainbarricadesandlightsfortheprotectionoflifeandpropertyatworksite.v.Contractorshallbeliableforalldamages,asaresultofnegligencebytheContractor,subcontractor,employees,orreps.w.Contractorshallmeetnoiseabatementstandards: (1)Contractorshallnotexceed80dBAbetweenthehoursof7:00a.m.and6:00p.m.,nearresidentialorcommercialpropertylines.(2)Contractorshallavoidequipmentoperationbetweenthehoursof6:00p.m.and7:00a.m.,butifrequirednoiselevelsshallnotexceed65dbA.x.ContractorshallnotcommenceworkuntiltheDepartmentofTechnologyServices(DoTS)issuesawrittennoticetoproceed.y.ContractoragreesthattheCityreservestherighttoremoveanysubcontractorworkingataCityfacility.Contractorshallremoveanyrejectedsubcontractorfromthepremisesimmediately.Contractorshallreplacetherejectedsubcontractorbythenextbusinessday.z.Contractorshallnotremoveemployeesfromonejobtoworkonanotherjob,withoutCityProjectManagerapproval,onceworkhasbegun.aa.TheContractor’sservicesperformedattheWaterResourcesDepartmentmustmeetstandardsandaddendaissuedbytheDivisionofWaterSupplyConstructionStandards(forPublicUtilitiesequipment).2.City’sResponsibilitiesTheCityshallberesponsibleforthefollowing:a.Cityshallprovideasinglepointofcontact(CityProjectManager)tomonitorandadministertheAgreement.b.CityshallprovideContractorwithdesignoverviewpriortostartofinstallation.c.Cityshallperformtheconfigurationandmaintenanceofbothmanagementplatformsforvideorecordingandstorage:MilestoneXProtectEnterpriseandGenetecSecurityCenterIPVideoSurveillanceSolution.d.CityshallperformasitesurveywithContractortoidentifyexactcameralocationspriortoinstallation.e.CityshallprovideaconfigurationtemplateforeachIPcamerathatwillbeinstalled.f.Cityshallprovideaconfigurationtemplateforeachwirelessbridgethatwillbeinstalled.g.CityshallprovideContractorwithaccesstoallinstallationlocations.h.CityshallcontactContractortosettheimplementationmeetingdateandtime.Cityshallprovideassistanceduringanyandalltestsandinspections.j.Cityshallberesponsibleforthemaintenanceandrepairofthenetworkcomponentsintheinstallation.k.CityshallberesponsibleformonitoringandloggingContractor’sstartandstoptimesforeachproject.I.CityshallprovideContractortrafficcontrolservicesduringinstallation,maintenanceorrepairsforsecuritycameras.Thecity’sDoTSDepartmentshallcoordinatewiththecity’sTrafficOperationsDivisionoftheStormwater,PavementandTrafficOperationsDepartmentforthisrequirement.Contractormustbeontimeforscheduledinstallations,maintenanceandrepairstominimizethedepartments’timeduringthisrequirement.3.AccountManagementContractorshallprovideanAccountManager,whowillbereadilyavailableduringnormalbusinesshourstoadministertheAgreement.ContractorisresponsiblefornotifyingtheCitywithanychangesinaccountmanagerorcontactinformation.AccountManager’s responsibilitiesshallinclude,butarenotlimitedto,overseeingallaspectsofimplementation,servicing,reporting,andissueresolution.6.MinimumSystemFunctionalitiesContractormustmeetspecificationsforcamerainstallationsinregardtosafetyandstability.Specificationswillbespecifiedonaper-projectbasis.7.AcceptanceTestinga.TheContractorshallassumeresponsibilityforthefollowingAcceptancetesting.AcceptanceTestingwillconsistofthefollowing:(1)NetworkServicesanalystwilldetermineifnetworkconnectivityhasbeenestablished.NetworkServicesanalystwillsendfifty1500-bytepingsfromthemanagedswitchclosesttotheinstalleddeviceandatleast90%percentofthesepingsmustbesuccessfulwitharound-triptime(RTT)ofnomorethan1ms.ContractorshallworkwithNetworkServicesanalysttoresolveanyproblemswiththeresultsofthistest.(2)NetworkServicesanalystwillverifythatthesignallevelforanywirelessbridgenetworkisacceptable(SNRgreaterthanorequalto-60db).ContractorshallworkwithNetworkServicesanalysttofine-tuneeachwirelessbridgetoachievethissignalstrengthgoal.(3)NetworkServicesanalystwillinstructcontractorastothecorrectalignmentofeachcameratoachievetheviewrequestedbyend-user.ContractorshallworkwithNetworkServicesanalysttofine-tuneeachcameraasitisinstalled.8.MinimumEquipmentandTechnologyFunctionalityContractor’shardwareshallberatedforahighlevelofdurabilityandruggednessinharshphysicalandenvironmentalconditions.9.Pricing,Time&Materialsa.Costplusanot-to-exceed10%markupshallbechargedtothecityfortheitem(s)usedduringmaintenanceandrepairstosecuritycameras.b.ContractorshallprovideanitemizedinvoiceofitemsusedwithMSRPpriceand10%markup.c.Contractorshallhavesufficientinventoryofhigh-use/expendableitemstoexpediterepairsthatshallbereadilyavailable.d.Contractorshallbillthecitybasedonthelaborratesspecifiedforeachtrade/servicelistedinAppendixB.Laborratesshallincludelabor,tools,equipment,travelexpensestoandfromjobsite,andoverhead.Overheadratesshallincludeadministrativecosts,inventory,handling,andmaterialpurchases.10.Permits a.Contractorshallatitsexpense,obtainallpermitsandlicensesandpayallchargesandfeesnecessaryfortheperformanceofthisAgreement,andshallgiveallpublicnoticesnecessaryforthelawfulperformanceofthisAgreement.b.Contractorshallbereimbursedforallpermits.Contractshallinvoicethecityandacopyofthepermitshallbesubmittedwiththeinvoice.c.Contractorshallpayallapplicabletaxes,levies,dutiesandassessmentsofeverynaturedueinconnectionwithanyworkunderthisAgreement,shallmakeanyandallpayrolldeductionsrequiredbylaw,andshallindemnifyandholdharmlesstheCityfromanyliabilityonaccountofanyandallsuchtaxes,levies,duties,assessmentsanddeductions.11.WrittenEstimatesa.ContractorshallsubmittotheCityawrittenestimateofeachjobpriortocommencementofservices.PricingshallbebasedonContractor’ssubmittedpricingaslistedinAppendixB.b.ContractorshallprovideallwrittenorverbalestimateswithintwobusinessdaysatnochargetotheCity.c.ContractorshallobtainwrittenapprovalfromtheDoTSDepartmentforanychangeorderstoexistingworkordersincluding,butnotlimitedto,changestocostorscopepriortoperformanceofadditionalwork.12.Check-InandCheck-Outa.Contractorshallcheck-inwiththeProjectManagerand/orMaintenanceSupervisor/Coordinatorpriortocommencingworkatthejobsite.AtthattimetheProjectManagershallnotethestarttimeofservices.b.Contractorshallcheck-outwiththeProjectManagerand/orMaintenanceSupervisor/Coordinatorafterthejobiscompletedand/orattheendoftheworkday.AtthattimetheProjectManagershallnotetheendtimeofservices.13.ResponseTimea.Contractorshallcallbackorcontacttherequestingcityrepresentativeforallservicecallswithinthree(3)businesshours.b.Contractorshallbeon-sitewithineight(8)businesshoursinresponsetorequestsformaintenanceandrepairs.c.Contractor’srepeatedfailuretorespondtoaservicecallwithinthedesignatedtimeshallbeconsideredvalidreasonforterminationofthiscontractwithwrittennoticetotheContractor.d.Intheeventthatthecontractor(s)shallnotcomplywithinthestatedtime,theCityreservestherighttocallanyqualifiedcontractortomakethenecessaryrepairs.Thecontractorshallpayforanychargesforthisservice.14.CallbackFollow-uporcall-backworktocorrectproblemsresultingfromcontractor’simproperrepairs,installationofsubstandardpartsfurnishedbyContractor,faultyworkmanshipbythecontractor,orimproperinstallationofpartsfurnishedbythecityshallbesolelyatContractor’sexpense. 15.ScopeofServicesandTechnicalRequirementsforSecurityCameraandWirelessBridgeInstallations,Configurations,MaintenanceandRepairsa.Configuration(1)ContractorshallperforminitialconfigurationofIP-basedcamerahardwarebasedonatemplateprovidedbyCitydesignteam.(2)ContractorshallperforminitialconfigurationofwirelessbridgehardwarebasedonatemplateprovidedbyCitydesignteam.b.Installation(1)Contractorshallperformphysicalcamerainstallations,bothinteriorandexterior.(2)Contractorshallperforminstallationofexteriorcameraenclosures.(3)Contractorshallperforminstallationofwireless-bridgehardware.(4)Contractorshallperforminstallationoflight-assisthardwareasneeded.(5)Contractorshallperforminstallationofsurge-suppressionhardwareasneeded.(6)ContractorshallperforminstallationofPoEinjectorhardwareasneeded.(7)Contractorshallperforminstallationofallnetworkswitchhardwareasneeded.(8)Contractorshallinstallallhardwareinaccordancewiththemanufacturer’sspecificationsandincompliancewithallapplicablelocal,state,andfederallaws,municipalcodes,ordinances,regulations,anddirectionofinspectorsappointedbyproperauthoritieshavingjurisdiction.Ifthereareviolationsofcodes,theContractorshallcorrectthesituationatnocosttothecity.Workingconditionsmustmeettheinstallationindustrystandardsforsafetyandworkproceduresandprotectionofpropertyestablishedbyprevailingrules,regulations,ordinances,andcodes.(9)Contractorsshallprovidealllabor,materials,supervision,tools,equipment,andvehiclesnecessarytoinstallIPvideosurveillancecamerasandwirelessbridgingappliancestoinclude:(a)Allmiscellaneousmountinghardware(nuts,bolts,brackets,pipes,etc.notprovidedbytheCity)formountingeitheracameraoracameraenclosure.(b)Allmountinghardware(nuts,bolts,brackets,pipes,etc.notprovidedbytheCity)formountingwirelessbridgeappliances.(c)Customizationofbracketsand/ormountinghardwaretoaccommodateuniqueinstallationsituations.(d)CAT6cable,cable-constructionandtestingtools.(e)Indoor-ratedoroutdoor-rated(dependingoninstallation)solid-wireelectricalwireofthecorrectgaugeandlengthforconnectionofaNEMAboxtoa120VACelectricalpowersource.(f)Ladders,safetyharnesses,etc.(g)Buckettruckorequivalentasrequired.(10)Contractorshallberequiredtoprovideandinstallconduit(rigidorflex)asnecessarytosecurethefinalconnectiontoIPcameraorwirelessbridge.(11)Contractorshallberesponsibleforattachingnetworkcablingtocameras,connectingelectricalpowertocamerasandNEMAboxes(asneeded), providingelectricalgroundingforallexteriorinstallations,cablingsurgesuppressionequipment,andrelatedinstallationactivities.(12)Contractorshallberequiredtoinstallhardwareasfollows:(a)InstallNEMAboxifrequired.(b)ConnectNEMAboxto120VACpowersource.(c)Installcameramountorwirelessbridgemount.(d)Installcameraontomountorinstallwirelessbridgeontomount.(e)Whererequired,installconduit(eitherrigidorflex)fromwallopeningorNEMAboxtocameraorwirelessbridge.Conduittobeprovidedbycontractor.(f)ThreadCAT6cablefromwallopeningorNEMAboxthroughconduitandconnecttocameraorwirelessbridge.(g)Ifnecessary,contractorshallremoveRJ45connectorfromcabletocompletethisstep.(h)IfRJ-45hasbeenremovedbycontractor,contractorshallreterminateRJ45connectorafterCAT6cablehasbeenthreadedthroughconduitandcamerahousingorwirelessbridgehousing.(i)Contractorshallre-testtheCAT6cablepriortomakingfinalconnection.(13)CompleteconnectionofRJ-45connectoronCAT6cableintocameraorwirelessbridgeNIC.(14)Installelectricalgroundingcablingfromcameraorwirelessbridgemountinghardwaretoearthgroundasnecessary.(15)TheDoTSDepartmentstaffshallbepermittedtoobserve,participatein,orassistwith,theinstallationofthesystem.Thisshallnotvoidoraffectthewarrantyinanyway.c.Fine-tuningandTroubleshooting:(1)Contractorshallworkwithcitypersonneltoadjustandfine-tuneeachcameraandeachwirelessbridge.Thisworkmayberequestedforeithernewinstallationsorexistingcamerainstallations.Thecontractor’sresponsibilitiesareasfollows:(a)ScheduleatimetomeetonsitewithaCityofSt.PetersburgNetworkServicesanalyst.(b)ContractorshallworkwiththeNetworkServicesanalysttoresolveanynetworkconnectivityorhardwarefailureissues.(c)WorkwiththeNetworkServicesanalysttogetthebestpossiblegainonwirelessantenna.SignalstrengthwillbemonitoredbyNetworkServicesanalyst.(d)WorkwiththeNetworkServicesanalysttoadjustandfine-tunetheviewdetectedbyIPcameratomatchtheviewrequestedbyend-user.(e)Tightendownconnectionsfromwirelessbridgeorcameratothemountinghardwarefollowingthefinaladjustment.(2)Contractorshallinstallsurge-suppressionequipmentin-linetothewirelessbridgeinstallationand/orcamerainstallationasneeded.(3)Contractorshallinstallpropergroundingofallexternalhardwareinaccordancewithmanufacturer’swritteninstructionsandwithrecognized industrypracticestoensurethatgroundingisincompliancewithNationalElectricalCode(NEC)specifications.16.ScopeofServicesandTechnicalRequirementsforLowVoltageServicesinclude,butarenotlimitedto,thefollowinglowvoltageservices:a.Commercialcabling,lowvoltageservicestocoverCity-owned-leasedfacilitiesinrespecttocamerainstallationandsupportincludethefollowing:(1)TheContractorshallfurnishandinstallcopperandfiberopticcableinsideandoutsideofCity-ownedfacilities.(2)TheContractorshallprovidetestingforcopperandfiberopticcableinsideandoutsideofCity-ownedfacilities.b.TheContractorshallprovideinstallationservices,repairservices,alterations,additions,anddesignofcabling,raceways,andconduitforthepurposeoftransmittingdataorotherlowvoltagerequirements,asystemoftelecommunications,includingcomputers,telephonecustomerpremisesequipmentorpremisescabling.c.TheContractorshallprovideallcablingproductsthatmeetIEEEspecifications.TheContractorshalladheretoBuildingIndustryConsultingServiceInternational(“BICSI”)andOSHAregulationsforallinstallations.Theinstallationsshallbeproperlysupportedfromthebuilding’sstructuralelements,independentofanydropceilingsorothersuspendedbuildingsystems.d.AllcableproductsshallbeUL(UnderwritersLaboratory)testedandcertified.e.Acceptance(1)AllCategory6cablingshallmeettheEINTIA-568-B.2ormostcurrentstandardsandtestto250MHz.AlltestdatawillberecordedandprovidedtotheCity.(2)AllfiberopticcablewillbeCorningfiberopticcable.IfContractorswishtopresentanothercablemanufacturerthenthecableshallhavespecificationsthatareequivalenttoorexceedtheCorningfiberopticcable.Allfiberopticcablewillbetestedforlighttransmissionat850and1300nm.Allstrandswillbetestedwithatestermeetingthecurrentstandardssetforth.AlltestdatawillberecordedandprovidedtotheCity.(3)All120VACelectricalwiringshallmeetcurrentelectricalstandardsforelectricalwiringinstallationsf.FireWallsandStops(1)TheContractorshallnotdrill,sleeveorpenetrateanyfirewallsorfirestopsinanyCityfacilityunlessspecificallyrequestedinwritingbytheCity.(2)Thefacility,whereservicesarebeingperformed,shallprovideacompleteendtoendconduitandcablepathincludingallsleevesinfirewallsandfirestops. (3)TheContractorshallprovideallfirestopmaterialsandproperlyapplyitintheCitysuppliedsleeves.(4)TheContractorshallonlyusematerials,equalorgreaterinratingthanthewallorsurfacepenetrated,thatconformtotheCitycode.(5)TheContractorshallobtainafullyexecutedpermitfromtheCityforfirewallsorfirestopspenetratedbytheContractorwithoutwrittenpermissionfromtheCity.(6)TheContractorshallpayallfinesofcodeviolations.TheCitywillnotreimbursetheContractorforcodeviolationfines.(7)TheContractorshallprovidesleevingthroughregularwalls(non-firestop).(8)TheContractorshallprovideeven,professionallypatchedwallreplacement,matchingthebasewallcoveringorcoatingandusematchingcoverand/orwallplates,whenapplicable,forallsleeves.(9)TheContractorshallnotusecoverand/orwallplatestohidepoorpatchedorun-patchedsleeves.(10)TheContractorshallhavetheoptiontouseexternalPanduitforblockwallthatcannotbe“fished”,withthewrittenapprovaloftheusingdepartmentorFacilityManager.(11)Thefacilityshallprovideacablepath(conduit)todesiredservicelocations,ifPanduitisnotacceptable.(12)TheContractorshallinstallallexposedconduit/racewaysinaneatandworkmanlikemanner.Allconduit/racewayshallbemechanicallyfastenedtothesupportstructure.(13)TheContractorshallappropriatelyfillallwallpenetrationswithmaterialappropriateforthepurpose.AllfirewallpenetrationsaretobespecificallynotedandreportedtotheCity’sProjectManager/ContactPersonforthejobforinspection.Intheeventthatanexistingpenetrationthatwasnotpreviouslyfilledisreused,theContractorshallsealthatpenetration.g.Tools,EquipmentandMaterials(1)TheContractorshallown,maintainandsupplyallequipment,tools,andmaterials,includingtestequipment.(2)TheCityshallnotreimbursetheContractorforanytools,materialsorequipmentnecessarytocompleteanyjob.(3)TheCAT6cablejacksshallbeofnewqualityorbetterandfreefromalldefects.(4)Thelow-voltagecableshallbeCategory6UTP,four(4)paircable.(5)Thefiberopticcableshallbe50/125multi-mode.Multi-modecableshallincludeallmulti-modefiberopticcabletobeCorning50/125Micronfiberorequivalent.Themulti-modecableshallmeetspecificationsinthemostcurrentpublicationoffiberdetailsTIAIEIA492AAAC,IEC60793-2-10Ed.2.0,TypeAla.2fiberandISO/IEC11801Type0M3fiber.TheContractorshallalsoinstall62.5MicronfiberwithCorningglassuponrequestwheretie-instoexistingsystemsdictateoratthedirectionoftheCity.(6)Thefibershallbepurchasedfromthefollowingmanufacturers:(b)Mohawk(c)Corning(d)0CC (e)Berk-Tek(7)ThefiberinstalledoutsideofthebuildingshallberatedforOSP.(8)AllfibershallbeterminatedwithSTstyleconnectors,unlessotherwisespecified.(9)TheContractorshallnotsubstitutematerialswithout,priorapprovalissuedinwritingbytheCity.h.Testing(4)TheContractorshallownorleasetestequipmentusedfortestingthefiberopticelectrical,andCat6cable.(5)ThetesterusedbytheContractorshallmeetcurrentEIA/TIAstandardsforCat6andFiberOpticcablingandcurrentelectricalstandardsforelectricalcabling.(6)TheContractorshallprovidetheCitytestresultsinanelectronicformat,i.e.XML,HTMLorE-MAIL.AdditionalServicesForadditionalrequestedservicesand/oritemsnotspecificallylistedwithinAppendixB,theContractorshallchargetheCitythecostplusafixed10%markup.TheContractorshallsubmitaseparateinvoiceforadditionalrequestedservices.Thetypicaladditionalrequestedservicesand/oritemsinclude,butarenotlimitedto:(1)Patchpanels(2)Innerduct(3)66blocks(4)110hardware(5)Fiberenclosures(6)DataRacks17.Non-Performancea.IfContactorisfoundinnon-performancepertheAgreementrequirementsandresponsibilities,and/orfailstosatisfactorilyremedyorcurenon-performance,theContractAdministratorwillfileavendorcomplaintreportwiththeProcurementDepartment.TheProcurementDepartmentwillnotifytheContractorinwriting.Contractorshallreplyinwritingwithinten(10)businessdayswithdetailedcorrectiveactiontoremedythenon-performance,includingCompletionDeadlinedateandtime.Follow-uporcall-backworktocorrectsuchnon-performanceshallbesolelyatContractor’sexpense.b.ContractAdministratorshallconductinspectionimmediatelyafterCompletionDeadlineandadvisetheProcurementDepartmentinwritingregardingsatisfactoryresolutionorofanyremainingdeficiencies.c.IfContractorfailstoremedyorcuredeficienciesidentifiedinavendorcomplaintreportbytheCompletionDeadline,theCitymaydeductthecostsfrompaymentofContractorinvoicestoobtainserviceelsewhere. d.IntheeventtheContractorconsistentlyfailstoperformpertheAgreementrequirements,theCitymayterminateagreementwithcauseandContractormayberemovedfromthebidder’slistforuptoathree-yearperiod.18.Safetya.ContractorshallberesponsibleforensuringthatContractor’sstafffollowallestablishedsafetyregulationspertainingtotheworktobeperformedperOSHAand/orCitystandards.b.Contractor’semployeeswillkeepdoorsclosedandlockedwhileservicingfacilitiesafterhoursorwheninstructedbyFacilityManagerorRepresentative.19.AdditionandDeletionofServiceLocationsa.CityreservestherighttoaddordeleteservicelocationsatanytimeduringthetermoftheAgreement.Contractorshallvisitnewsitesandprovideaquoteforservice(s)withinfivebusinessdaysofrequestbytheCity.UponwrittenapprovalfromtheCityProjectManager,Contractorshallbeginservicingnewlocationswithin10businessdaysofthedateofthewrittennotice.WrittennoticeshallbemadeviaelectronicPurchaseOrderfromtheProcurementandSupplyManagementDepartment.b.ContractorshallprovideservicesatallrequestingCitylocations,includingbutnotlimitedtocityfacilitieswhicharemanagedbythirdpartyfirms.Uponrequestbythemanagementfirm,Contractorshallprovideservices,billedtothethirdpartymanagementfirm,atthesamepricesextendedtothecityunderthisAgreement.20.EscalationandDe-escalationAllprices(“baseprices”)shallremainfirmforthefirst12monthsoftheagreementterm.Afterthefirst12months,adjustmentsinpricesshallnotexceedtheU.S.BureauofLaborStatisticsEmploymentCostIndex(“ECI”)percentchangeforthemostrecenttwelvemonthperiod(seehttp://www.bls.ciov/),totalcompensationforPrivateindustryworkersinInstallation,maintenance,andrepair,12-monthpercentchange.SeriesID:C1U2010000430000A.Approvalofthepriceadjustmentwillestablishanewbaseprice,fromwhichsubsequentadjustmentswillbecalculated.21.ExcessMaterialAnymaterialorequipmentpurchasedbytheContractorunderthisprojectwhichissubsequentlyeliminatedorreplacedinthedesignrequirementspriortoprojectcompletionwillberetainedbytheContractor.Contractorshallissuefullcredit,providedtheitemsareinsaleablecondition.AnyshippingchargesresultingfromreturnedexcessmaterialwillbepaidbytheCity.Nootherre-stocking,re-packagingorotherchargeswillbeallowed.22.SummaryofTotalServiceChargesandFeesContractorshallfurnishtheProcurementandSupplyManagementDepartment,whenrequested,adetailedsummaryofpurchases,chargesandfeesinelectronicspreadsheetformat.Thesummaryshallincludeanitemizeddescriptionofproductsandservicesdeliveredanddollaramountandquantityofeach.Failuretoprovidethisinformationwithin five(5)businessdaysfollowingtherequestmayresultinContractorbeingfoundindefault.23.PersonnelContractorshallassignallkeypersonnelidentifiedinitsproposalandthisAgreementtocompletealloftheirresponsibilitiesinconnectionwithperformanceofitsobligations.ContractorshallobtainwrittenapprovaloftheCitypriortoreassigninganykeypersonnel.Replacementofkeypersonnel,uponwrittenapprovalbytheCity,shallbewithpersonnelofequalorgreaterabilityandqualifications.Contractor’sreplacementofkeypersonnelshallnotbegroundsforanincreaseinthetotalAgreementpriceorextensionofthetimeforcompletionoftheservicesrequired.TheunauthorizedchangeofkeypersonnelbyContractorshallbeconsideredbytheCityasamaterialbreachoftheAgreementandgroundsfortermination.23.TransitionRequirementsPriortotheexpirationoftheAgreement,ContractorshallworkwiththeCitytoensurethereisnointerruptionorreductionofserviceshouldtheContractorberequiredtoenditsservicestotheCity.IfanewcontractorisawardedafterexpirationofthisAgreementoriftheAgreementisterminatedearlyforanyreason,Contractorshallcoordinateandcooperatewiththenewlyselectedcontractor,aswellaswiththeCity,tominimizeanydisruptionsintheservicesprovided AppendixBPricing AttachmentB-PriceListLineNo.DescriotionUnitofMeasureUnitPriceExtendedPrice3Camera,outdoor,color/black&white.IPDome.PTZ,720PDINH2641M-JPEG,I2EAI2I2276.72I$4,553.44ICCD1/3WHT,AxisQ6054-Er4PoleBracket,AxisT91A67(orcomparablesubstituteofferedbyAxis)I2EAAxisT9lL6lI286.721$173.44I5MountAdapter,Pole,AdjustF/CameraHousingWhileVT,WSPA,Axis(orcomparablesubstituteofferedbyAxis)6EmersonNetworkPower-Oplical-CAT6-5POE-FFEmersonEDCOPoESurgeProtection(orcomparablesuppressor)Mfg./ModelNo.-_LiebertCAT6-5POE-FF2EA2EA22126.451$551$252.90I11QQQJ7lUbiquitiPowerStalionwirelessbridgeI2EAI2I225.34I$450.688UbiquitiMSPowerBndgewirelessbridgeI2EAI2I125.45I$250.90IMfg../ModelNo.:UbiciultiM5SecurityCamerastIP)IntIItinnnnflrnirifinnTroubleshootingandRepairs9ICameraConflaurationIEA651$65.0010CameraInstallation-toincludebutnotlimitedlo15EA15‘1851$2,775.00steelbandingstrapsformountingcameras,steelbucklesforbandingstraps,exteriorandinteriorcameraenclosures,andfinetuninawithcity’sICSstaff.11CameraTroubleshooting/Repairs-toincludelaborI2HRI2[1651$andtoolsincludingbutnotlimitedtoladders,etc.necessarytogetanIPcameraoperationalandfinetuned330.004..II.4[.,I.4....sndRenirsBucketTruckRequiredISBucket-truck-asneededforcamerainstallationortroubleshootingforthefirst15HRI15I651$975.00Ihourofservices16Bucket-truckasneededforcamerainstallationortroubleshootingforadditional30HRI30I651$1,950.00IhourofservicesOtherRequiredServices17Surge-suppressorinstallation15EA1530$450.0018NetworkswitchinstallationintoNEMAenclosure15EA1525$375.0019Power-over-Ethernet(PoE)injectorinstallationIntoNEMAenclosure15EA1525$375.0020Electricalgroundinstallationforcameraassembly15EA15100$1,500.0021Electricalgroundinstallationforwirelessbridgeassembly15EA15100$1,500.00Low-voltageElectricaI-Installation29CAT6-PVC(nonplenum)-fixedcostperjack-Single4-pair,I-25ft15EA15176$2,640.0030CAT6-PVC(non-plenum)fixedcostperjack-Single4-pair,25-50ftIEA1160$160.0031CAT6-PVC(nonplenum)-fixedcostperjack-Single4-pair,50-75ftIEA—165$165.0032CAT6-PVC(non-plenum)fixedcostperlack-Single4-pair,75-100ftIEA—170$170.0033CAT6-PVC(non-plenum)-fixedcostperjack-Single4-pair,100-125ftEA—180$180.0034CAT6-PVC(non-plenum)-fixedcostperjack-Single4-pair,125-150ftEA—185$185.0035CAT6-PVC(non-plenum)-fixedcostperjack-Single4-pair.150-175ftEA—190$190.00IVideoSurveillanceCameras.HDTVlO8OpCompliant,Outdoor-ready.lP66and2EAI2I2714.72I$5,429.44INEMA,4X-Rated,PTZDomeCamerawith20xOpticalZoom,AxisQ6055-EI2ICamera,outdoor,5MP,AxisP1367-EI2EAI2I875.121$1,750.24I1312Wireless-BridgeConfiguration-basedontemplateprovidedbycity’sDOTSDepartment.Providedas/whenneededwithitem1314WirelessBridgeInstallation-toincludebutnotlimitedtosteelbandingstrapsformountingwirelessbridge,steelbuckles(orbandinastraps,andfinetunina30HRI30I551$1.650,0020EAI20I1651$3.300,00Wireless-BridgeTroubeshooting&Repair-to2HRI2I1651$330.00includelaborandtoolsincludingbutnotlimitedtoladders,etc.necessarytogetawirelessbridgeoperational,andfinetuning AttachmentB-PriceList36CAT6•PVC(non-plenum)-fixedcostperjack-Single4-pair,175-200ftEA200$200.0037CAT6-PVC(non-plenum)-fixedcostperjack-Single4-pair.200-225ftEA——210$210.0038CAT6-PVC(non-plenum)-fixedcostperjack-Single4-pair.225-250ftEA——220$220.0039CATSPVC(non-plenum)-fixedcostperjack-Single4-pair.250-275ftEA——225$225.0040CAT6-PVC(non-plenum)-fixedcostperjack-Single4-pair.275-300ftEA——$235$235.0041CATS-PVC(non-plenum)-flxedcostperjack-Two4-pair,I•25ft15EA15195$2,925.0042CATS-PVC(non-plenum)fixedcostperjack-Two4-pair.25-50ftIEA1$200$200.0043CATS-PVC(nonplenum)-fixedcostperjack-Two4-pair,50-75ftIEAI$205$205.0044CATS-PVC(non-plenum)-fixedcostperjack-Two4-pair,75-100ftIEAI$210$210.0045CATS-PVC(non-plenum)-fixedcostperjack-Two4-pair,100-125ftIEAI$215$215.0046CAT6-PVC(nonplenum)-fixedcostperjack-Two4pair,125-150ftEA——$220$220.0047CAT6-PVC(non-plenum)-fixedcostperjack-Two4-pair,150-175ftEA—$225$225.0048ATS-PVC(non-plenum)-fixedcostperjack-Two4-pair,175-200ftEA——$230$230.0049ATS-PVC(non-plenum)-fixedcostperjack-Two4-pair,200-225ftEA——$235$235.00SOATS-PVC(non-plenum)-fixedcostperjackTwo4-pair,225-250ftEA—$240$240.0051ATS-PVC(non-plenum)-fixedcostperjack-Two4-pair,250-275ftEA——$245$245.0052ATS-PVC(non-plenum)-fixedcostperjack-Two4-pair,275-300ftEA——$250$250.0053ATS-plenum-fixedcostperjack-Single4-pair,125ft15EA5_$194$2,904.0054ATS-plenum-fixedcostperjack-Single4-pair,25-50ftEA——$176$176.0055ATS-plenumfixedcostperjack-Single4-pair,50-75ft1EA——$182$181.5056CAT6-plenum-fixedcostperjack-Single4-pair,75-100ftEA——$187$187.0057CAT6-plenum-fixedcostperjack-Single4-pair,100-125ftEA1$198$198.0058CAT6-plenum-fixedcostperjack-Single4-pair,125-150ftEA1$204$203.50S9CATS-plenum-fixedcostperjack-Single4-pair,1SO-175ftEAI$209$209.0060CATS-plenum-fixedcostperjack-Single4-pair,175-200ftEAI$220$220.0061CATS-plenum-fixedcostperjack-Single4-pair,200225ftEA$231$231.0062CATS-plenum-fixedcostperjack-Single4-pair,225-250ft1EA——$242$242.0063CATS-plenum-fixedcostperjack-Single4-pair,250-275ft1EA——$248$247.5064CAT6-plenum-fixedcostperjack-Single4-pair,275-300ft1EA——$259$258.5065CAT6-plenum-fixedcostperjack-Two4-pair,I-25ft15EA$215$3,217.5066CAT6-plenum-fixedcostperjack-Two4-pair,25-50ft1EA——$220$220.0067CAT6-plenum-fixedcostperjack-Two4-patr,50-75ftEA——$226225.5068CATS-plenum-fixedcostperjack-Two4-pair,75-100ftEA——$231231.0069CAT6-plenum-fixedcostperjack-Two4-pair,100-125ftEA——$237236.5070CAT6-plenum-fixedcostperjack-Two4-pair,125-150ftEA——$242242.0071CATS-plenum-fixedcostperjack-Two4-pair,150-175ftEA——$248247.5072CATC-plenum-fixedcostperjack-Two4-pair,175-200ftEA—$253$253.0073CATS-plenum-fixedcostperjack-Two4-pair,200-225ftEA—$259$258.5074CATC-plenum-fixedcostperjack-Two4-pair,225-250ftIEAI$264$264.0075CATC-plenum-fixedcostperjack-Two4-pair,250-275ftIEAI$270$269.5076CATS-plenum-fixedcostperjack-Two4-pair,275-300ftIEAI$275$275.00FiberInstallation77Fiberopticcable.6-strand,multimode,perfootEA$3.00$3.0078Terminationstrand,6,equals12terminationsEA—$660.00$660.0079Laborrateforinsidecablingincludingtesting.1HR$55.00$55.0080LaborrateforOSP(outsideplant)cablingincludingtesting.1HR—$60.00$60.00MonthlySupportPlanOption81Provide10hoursperMonthoftroubleshooting/repairsupportasneeded10HR12050$2,050.00182Provide20hoursperMonthoftroubleshooting/repairsupportasneeded20HR12550$2,550.0083Costperhourinadditiontothe10or2Ohoursupportoptionfortroubleshooting/repairsupportasneeded150$50.00$Total55,352.04 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0716 Agenda Date: 8/18/2022 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Information Technology Agenda Number: 7.11 SUBJECT/RECOMMENDATION: Authorize a purchase order to CDW Government LLC (CDW-G) of Vernon Hills, IL for the renewal of the Pure Storage Evergreen Gold Subscription and software in the not-to-exceed amount of $177,158.59 for a three-year term, pursuant to Clearwater Code of Ordinance Section 2.563(1)(c), Piggyback, and authorize the appropriate officials to execute same. (consent) SUMMARY: Authorization is requested to enter a three-year term with CDW-G for ongoing maintenance to include hardware and software for the City’s Pure mass storage device located in the two data centers, piggybacking off Omnia Contract 2018011-01, Information Technology Solutions & Services, valid through February 28, 2025. Additional discounts were passed on to the City by CDW-G. The CDW-G pricing for three years is $161,053.26. Authorization to add a contingency of $16,105.33 is requested for additional support services as needed during the term. APPROPRIATION CODE AND AMOUNT: Current and future maintenance (FY22, FY23 and FY24) will be budgeted in the Information Technology operating budget, codes 5559864-530300. Page 1 City of Clearwater Printed on 8/17/2022 Prepared For:Submitted By:Ryan Torres Customer #:Executive Account Manager Attention:Phone:312‐705‐3386 Project:E‐Mail:ryantor@cdwg.com Date:Quote #: Qty.Extended Sell 12 25,633.32$ 12 25,633.32$ 2 Controller X Upgrade ‐$ 2 PS NDU Fee for 2 controllers 7,253.34$ 58,519.98$ 12 25,633.32$ 12 25,633.32$ 51,266.64$ 12 25,633.32$ 12 25,633.32$ 51,266.64$ Extended Sell 161,053.26$ Year 1 to be invoiced upon receipt of 3‐Year PO# Start Date 7/25/2022 End Date 7/24/2023 Year 2 to be invoiced in July 2023 Start Date 7/25/2023 End Date 7/24/2024 Year 3 to be invoiced in July 2024 Start Date 7/25/2024 End Date 7/24/2025 FA‐X50R2‐44TB 1MO,PRM,GOLD FA‐X50R2‐44TB 1MO,PRM,GOLD PS‐FLASHARRAY‐FF‐ RENEWAL‐UPGRADE FA‐M to X50R3‐FC‐EMEZZ FF UPG FA‐X50R2‐44TB 1MO,PRM,GOLD FA‐X50R2‐44TB 1MO,PRM,GOLD msb‐pure‐1.MyClearwater.com PCHFL185100DD PSPFT19280H3T PSPFT19280H3H eoc‐pure‐1.MyClearwater.com PCHFL191001D0 PSPFT19280H3Y PSPFT19280H2Y msb‐pure‐1.MyClearwater.com PCHFL185100DD PSPFT19280H3T PSPFT19280H3H eoc‐pure‐1.MyClearwater.com PCHFL191001D0 PSPFT19280H3Y PSPFT19280H2Y City of Clearwater 3‐ Year Annually Billed Renewal 5/03/2022 msb‐ pure‐1.MyClearwater.com PCHFL185100DD PSPFT19280H3T PSPFT19280H3H Solution Total: Total: FA‐X50R2‐44TB 1MO,PRM,GOLD FA‐X50R2‐44TB 1MO,PRM,GOLD Part Numbers Description Total: Total: eoc‐ pure‐1.MyClearwater.com PCHFL191001D0 PSPFT19280H3Y PSPFT19280H2Y 3‐Year Annually Billed Renewal Proposal Q‐234589 CDW Confidential Page 1 OMNIA IT Contract Number: 2018011-01 MFG # FA-X50R2-44 1mo, PRM, GOLD (LIST PRICE IS $3,063.00 MINUS 5% DISCOUNT = $2,909.85 CONTRACTED PRICE Cost to City of Clearwater on the quote is $2,136.11 - Additional Discounting Passed to the City of Clearwater By CDWG MFG # PS-FLASHARRAY-FF-RENEWAL-UPGRADE (LIST PRICE IS $4,000.00 MINUS 5% DISCOUNT = $3,909.85 CONTRACTED PRICE Cost to City of Clearwater on the quote is $3,626.67 - Additional Discounting Passed to the City of Clearwater By CDWG OMNIA IT Contract # 2018011-01 City of Mesa, AZ Contract # 2018011-01 for Information Technology Solutions and Services with CDW Government, LLC Effective: March 1, 2018 The following documents comprise the executed contract between the City of Meza, AZ and CDW Government, LLC., effective March 1, 2018: I.Executed ContractII.Mayor and Council ApprovalIII.Supplier ResponseIV.Original RFP OFFICE OF THE CITY CLERK COUNCIL MINUTES February 5, 2018 The City Council of the City of Mesa met in a Regular Council Meeting in the Council Chambers, 57 East 1st Street, on February 5, 2018 at 5:45 p.m. COUNCIL PRESENT COUNCIL ABSENT OFFICERS PRESENT John Giles David Luna Mark Freeman Christopher Glover Francisco Heredia Kevin Thompson Jeremy Whittaker None Christopher Brady Dee Ann Mickelsen Jim Smith Mayor’s Welcome. Invocation by Pastor Ben Diaz with Palabra de Vida (Word of Life). Pledge of Allegiance was led by Councilmember Thompson. Awards, Recognitions and Announcements. There were no awards, recognitions or announcements. 1. Take action on all consent agenda items. All items listed with an asterisk (*) will be considered as a group by the City Council and will be enacted with one motion. There will be no separate discussion of these items unless a Councilmember or citizen requests, in which event the item will be removed from the consent agenda and considered as a separate item. If a citizen wants an item removed from the consent agenda, a blue card must be completed and given to the City Clerk prior to the Council’s vote on the consent agenda. It was moved by Councilmember Thompson, seconded by Councilmember Glover, that the consent agenda items be approved. Carried unanimously. *2. Approval of minutes from previous meetings as written. Minutes from the January 8, 11, and 22, 2018 Council meetings. Regular Council Meeting February 5, 2018 Page 2 3. Take action on the following liquor license applications: *3-a. It Ain’t Chemo This is a one-day event to be held on Saturday, February 10, 2018 from 9:00 A.M. to 9:00 P.M. at Riverview Park, 2100 West Rio Salado Parkway. (District 1) *3-b. AMC Superstition East 12 A multi-screen cinema is requesting a new Series 6 Bar License for American Multi-Cinema Inc., 1935 South Signal Butte Road - Andrea Dahlman Lewkowitz, agent. There is no existing license at this location. (District 6) *3-c. ATL Wings A restaurant that serves lunch and dinner is requesting a new Series 12 Restaurant License for Stapley Wings LLC, 1455 South Stapley Drive, Suites 22-24 - Andrea Dahlman Lewkowitz, agent. The existing license held by Mark Killian, sole proprietor, will revert to the State. (District 4) *3-d. Elgin Distillery This is a one-day craft distillery festival to be held on Saturday, March 3, 2018 from 9:00 A.M. to 4:00 P.M. at Sunland Village, 4601 East Dolphin Avenue. (District 2) *3-e. Village of Elgin Winery This is a one-day wine festival event to be held on Saturday, March 3, 2018 from 9:00 A.M. to 4:00 P.M. at Sunland Village, 4601 East Dolphin Avenue. (District 2) 4. Take action on the following off-track betting license application: *4-a. Turf Paradise, TP Racing LLLP New Off-Track Betting License for Turf Paradise, TP Racing LLLP to telecast at Moose & Bear, located at 118 East McKellips Road, Suite 103, TB Concepts LLC. Applicant: Vincent Acri Francia. (District 1) 5. Take action on the following contracts: *5-a. One-Year Renewal to the Term Contract for Executive Physicals for Citywide Departments as requested by the Human Resources Department. (Citywide) This contract provides annual physicals for the City’s executive staff as a means of maintaining optimum health. There are approximately 65-70 positions eligible to participate in this program. The Human Resources Department and Purchasing recommend authorizing the renewal contract with Banner Occupational Health Clinics, at $88,500, based on estimated usage. Regular Council Meeting February 5, 2018 Page 3 *5-b. One-Year Renewal to the Term Contract for Deceased Animal Collection Services for the Community Services Department. (Citywide) This contract provides a vendor to collect and dispose of deceased animals up to 150 pounds that are reported within the City. The contractor is responsible for the proper disposal by cremation or other means in accordance with the standards and methods approved by the Maricopa County Health Department. The Community Services Department and Purchasing recommend authorizing the renewal contract with APM/Couts Enterprises, Inc., dba Arizona Pet Mortuary, at $54,000, based on estimated usage. *5-c. Purchase of One Replacement Fire Apparatus, an Air Light/Rehab Unit, for the Fire and Medical Department (Sole Source). (Citywide) The apparatus being replaced has met established replacement criteria and will be sold by a sealed bid process or traded-in as part of the City's fire apparatus purchase agreement with Pierce Manufacturing. In addition, Fire and Medical will trade-in two units to further offset the price for the Air/Light Rehab unit. The Fire and Medical Department and Purchasing recommend authorizing the purchase using the City’s five-year purchase agreement with Pierce Manufacturing Inc., through their designated local dealer, Hughes Fire Equipment Inc., at $502,264.75. This purchase is funded by the Capital-General Fund and authorized 2013 Public Safety Bonds. *5-d. Three-Year Term Contract for Landscape Maintenance Services for Parks, Retention Basins and Sports Fields - Zones 1, 2, 3 and 4 for the Parks, Recreation and Community Facilities Department (PRCF). (Citywide) These contracts provide landscape maintenance services for sports fields, parkways, medians, parks, retention basins or grounds adjacent to City facilities. The City has divided the landscaping into geographic areas known as Zones 1, 2, 3 and 4. PRCF has done an analysis to bring the work under this contract in-house and, at this time, contracting continues to be in the best financial interest of the City. The evaluation committee recommends awarding the contract to the highest-scored proposal from Mariposa Landscape Arizona, Inc.; Zone 1, at $1,435,319.57 annually; Zone 2, at $959,183.45 annually; Zone 3, at $974,364.20 annually; and Zone 4, at $1,221,738.22 annually; based on estimated usage. *5-e. Three-Year Term Contract for Plumbing Services for the Parks, Recreation and Community Facilities Department. (Citywide) This contract will establish a list of pre-qualified plumbing contractors to perform plumbing services on various City facilities/projects on an as-needed basis. The evaluation committee recommends awarding the contract to the four, highest-scored proposals from Mesa Energy Systems Inc.; RKS Plumbing and Mechanical Inc.; Sun Mechanical Inc.; and W.D. Manor Mechanical Contractors, Inc.; cumulatively not to exceed $100,000 annually, based on estimated usage. Regular Council Meeting February 5, 2018 Page 4 *5-f. Purchase of Furniture for the Main Library as requested by the Library Services Department. (Citywide) This purchase will provide seating and tables for two new rooms at the Main Library, Teen Room and ThinkSpot. The Library worked with several vendors utilizing cooperative contracts specifying their needs and goals with this project. The Library Services Department and Purchasing recommend authorizing the purchase using the Northern Arizona University cooperative contract with Atmosphere Commercial Interiors, at $50,876.25. *5-g. Five-Year Term Contract with CDW Government, LLC and SHI International Corp. for Information Technology Solutions and Services for Various Departments throughout the City. (Citywide) This contract will provide the City and participating agencies a full range of information technology solution products and services to meet varying requirements of governmental agencies. The scope of products and services available under these contracts include standard business and high-end workstations; laptop and notebook computers; network equipment; computer and network products and peripherals; monitors; various cloud, consulting, and technical support services; financing; various software products; and the contractors' comprehensive product offering. Mesa, as the lead agency, has partnered with the National Intergovernmental Purchasing Alliance Company (National IPA) to lead this contract. The contract will be available to over 45,000 public agencies nationally. While no minimum volume is guaranteed to the suppliers, the estimated annual volume of IT Solutions purchased under this master agreement is approximately $500 million per year. The City will receive rebates annually for administering and awarding this contract. A committee representing the Police, and Information Technology Departments, City Manager’s Office, Police-Information Technology, National IPA and Purchasing evaluated responses. The evaluation committee recommends awarding the contract to the highest-scored proposals from CDW Government, LLC and SHI International Corp., at $3,100,000 annually, based on estimated usage. *5-h. One-Year Term Contract for Electrical and Lighting Supplies for the Materials and Supply Warehouse (for Citywide Departments). (Citywide) Multiple departments use this Citywide contract for their miscellaneous electrical equipment and supplies. The Business Services Department and Purchasing recommend authorizing the purchase using the State of Arizona cooperative contract with Border States Industries, Inc., at $100,000, based on estimated usage. *5-i. Re-Award the Three-Year Term Contract for Microfilm Conversion Services for the Police Department. (Citywide) This contract will provide services to convert Police Department data from microfilm to digital media. Police, Records Division use microfilm that is becoming worn and damaged. The previous vendor is unable to satisfactorily fulfill the contract requirements. Regular Council Meeting February 5, 2018 Page 5 The Police Department and Purchasing recommend re-awarding the contract to the second highest scored proposal, ICM Conversions, at $400,000 annually, based on estimated usage. *5-j. Purchase of Falcon District Brand Signage as requested by the Economic Development Department. (Citywide) Continuing to build awareness and to promote the Falcon Field Economic Activity Area, this purchase for the Falcon District signage includes the installation of two branded monument signs to be located on Greenfield and Higley Roads, south of the 202. Additionally, the City will install utility and transit signal box wraps and will mount branded banners promoting aerospace, technology, and manufacturing on light poles around the airport. The Economic Development Department and Purchasing recommend authorizing the purchase using the City of Peoria cooperative contract with YESCO Phoenix, at $146,670.49. This purchase is funded by Local Streets Sales Tax. *5-k. Purchase of Three Replacement Rollback Trailers for the Transportation Department. (Citywide) These trailers will replace three aging equipment trailers that are at the end of their service life. The trailers will meet the needs and safety requirements for transporting the large equipment required to perform street and right-of-way maintenance. The Transportation Department and Purchasing recommend authorizing the purchase using the National Joint Powers Alliance contract with Empire Southwest (a Mesa business), at $176,764.77. This purchase is funded by Local Streets Sales Tax. *5-l. One-Year Renewal to the Term Contract for Radio-Based Endpoint Encoders (for Water Meter Reading) for the Water Resources Department. (Citywide) This contract provides Itron radio-based endpoint encoders and accessories purchased directly from Itron, Inc., the manufacturer. The endpoint stores 40 days of hourly reads to ensure data integrity and offers advanced customer side leak detection and reverse flow and tamper alarms. Water Utility installs approximately 540 radio-based endpoint encoders on new and existing meters annually. The Water Resources Department and Purchasing recommend authorizing the renewal with Itron, Inc., at $100,000, based on estimated usage. *5-m. Purchase of Water Treatment Plant Shop Tools and Equipment for the New Signal Butte Water Treatment Plant as requested by the Water Resources Department. (Citywide) This purchase is for tools and equipment needed for the start-up and maintenance in the various shops at the new Signal Butte Water Treatment Plant. The Water Resources Department and Purchasing recommend awarding the contract to the lowest, responsive and responsible bidders: Copper State Bolt & Nut Co. (a Mesa business); Glendale Industrial Supply, LLC, dba UNICOA Construction and Industrial Supply; Mallory Safety & Supply LLC; and W.W. Grainger, Inc.; cumulatively not to exceed $153,000, based on estimated usage. Regular Council Meeting February 5, 2018 Page 6 *5-n. One-Year Renewal to the Term Contract for Fire Hydrant Water Meters for the Water Resources Department. (Citywide) This contract provides 3” fire hydrant water meters to accurately measure construction water use of fire hydrants. The meters are installed by Water Utility staff to serve contractors and other customers needing to connect to City fire hydrants for temporary construction water service and dust control purposes. The Water Resources Department and Purchasing recommend authorizing the renewal with Badger Meter Inc., dba National Meter Automation, at $35,000, based on estimated usage. *5-o. Greenfield Water Reclamation Plant (GWRP), Phase III Expansion Guaranteed Maximum Price (GMP) No. 2. (Citywide) The City of Mesa, Town of Gilbert, and Town of Queen Creek seek to provide an additional 14 million gallons per day annual average day flow of liquids and solids treatment capacity at the existing GWRP, complete with the required infrastructure, technology, and environmental features to ensure a reliable, efficient, and expanded plant to meet the current and future demands. Staff recommends awarding the contract for the completion of this project to McCarthy Building Companies in the amount of $120,302,333 and authorize a change order allowance $6,015,117 (5%) for a total project amount of $126,317,450. This project is funded by the Greenfield Water Reclamation Plant Joint Venture Fund, with contributions coming from its members based on usage. Mesa’s portion of this GMP is $72,229,521 and is funded by 2014 authorized Wastewater Bonds. *5-p. Sewer Pipe and Manhole Rehabilitation: Mesa Drive, Millet Avenue, Horne, and 6th Avenue. (District 4) The existing sanitary sewer lines covered by this project were built during the 1950’s and 1960’s. The age of these pipes greatly increases their risk of failure and emergency repairs. This method of construction can be completed while leaving the pipe in place and without excavation. Similarly, the sewer manholes will be cleaned, repaired, and coated in place. Only the concrete adjustment rings will be removed and replaced. Staff recommends awarding the contract for this project to the lowest, responsible bidder, B and F Contracting, Inc, in the amount of $1,394,294.67, and authorize a change order allowance in the amount of $139,430 (10%), for a total amount of $1,533,724.67. Funding for this project is available from the 2014 Wastewater Bond Program. *5-q. Sidewalks at Railroad Crossing on Alma School. (Districts 3 and 4) To continue to meet current railroad approach and clearance standards at the Alma School Road railroad crossing, additional safety improvements will need to be made. The project improvements for roadway and sidewalk approach at this location will facilitate greater public safety and needed clearances from railroad signals along with a smoother roadway crossing of the Union Pacific Railroad track. Mesa will participate in the federally-funded Railway-Highway Grade Crossing Program, and will be responsible Regular Council Meeting February 5, 2018 Page 7 for adjusting the existing concrete sidewalks around the proposed cantilevers and gates, and installing concrete medians. This project was previously awarded by Council on July 10, 2017, however, the previously selected contractor could not comply with the federal requirements and the project was released for bid a second time. Staff recommends awarding the contract to the lowest, responsible bidder, AJP Electric, in the amount of $149,494, plus an additional $14,949 (10%) as a change order allowance, for a total amount of $164,443. Funding is available from the Local Streets Sales Tax, of which 94.3% will be reimbursed by Arizona Department of Transportation (Federal) Grant under the Railway-Highway Grade Crossing. 6. Take action on the following resolutions: *6-a. Approving and authorizing the City Manager to submit the Second Substantial Amendment to the Fiscal Year 2017/2018 Annual Action Plan to the U.S. Department of Housing and Urban Development related to the allocation of funding obtained under the Community Development Block Grant (CDBG) program. This Amendment will allow for reallocation of $600,000 in CDBG funds from the Senior Center Renovation Project (247 North Macdonald) to the Eagles Park Project (828 East Broadway Road). (District 4) – Resolution No. 11088. *6-b. Approving and authorizing the City Manager to enter into a Grant Agreement with the Arizona Department of Public Safety to accept $1,335,284 in Victims of Crime Act (VOCA) grant funds. The finding will be used for salaries and expenses for the Mesa Prosecutors Office, Victim Services Unit for a three-year period. (Citywide) – Resolution No. 11089. *6-c. Approving and authorizing the City Manager to enter into a Lease Agreement with New Cingular Wireless PCS for a cellular site on a portion of 5950 East Virginia Street, also known as Mesa Fire Station 214. (District 5) – Resolution No. 11090. *6-d. Approving and authorizing the City Manager to enter into a Development Agreement for City-Share Reimbursement with PPGN-Ray, LLLP, for the reimbursement of $100,568 for regional street and street lighting improvements that are being required by the City in conjunction with a proposed residential development known as Crismon Road at PPGN, located at 5461 South Ellsworth Road. (District 6) – Resolution No. 11091. *6-e. Approving and authorizing the City Manager to enter into an Intergovernmental Agreement with the Maricopa County, Department of Transportation for the pavement rehabilitation of Adobe Road from Higley Road to Recker Road. The City will contribute an estimated $54,417 for the portion of the project that is within City boundaries that will be funded from the 2013 Streets Bond Program. (District 5) – Resolution No. 11092. *6-f. Approving and authorizing the City Manager to enter into First Amendments to the Development Agreement, Ground and Air Lease, and License Agreement with 3W Management, LLC, to facilitate the development of, and job creation and retention at, the City-owned property generally located at the southwest corner of Main Street and South Pomeroy and 34 South Pomeroy, which is the development commonly known as The GRID. (District 4) – Resolution No. 11093. Regular Council Meeting February 5, 2018 Page 8 7. Introduction of the following ordinance and setting February 26, 2018 as the date of the public hearing on this ordinance: *7-a. ZON17-00323 (District 5) The 8800 to 8900 blocks of East Main Street (south side). Located west of Red Mountain Freeway on the south side of Main Street (16.4± acres). Rezoning from RS-43 and GC to GC-PAD; and Site Plan Review. This request will allow for the development of an RV dealership and storage facility. Jeff Welker, Welker Development Resources, applicant; Roger D. Overson, owner. Staff Recommendation: Approval with conditions P&Z Board Recommendation: Approval with conditions (Vote: 6-0) 8. Discuss, receive public comment, and take action on the following ordinances: *8-a. ZON17-00309 (District 2) The 5200 block of East Inverness Avenue (south side). Located east of Higley Road south of the US60 Freeway (1.9 ± acres). Rezoning from RM-3-PAD to LC; and Site Plan Review. This request will allow for the development of a commercial building. John Schoenauer, HD Management, applicant; Sevilla, LLC, owner. – Ordinance No. 5419. Staff Recommendation: Approval with conditions P&Z Board Recommendation: Approval with conditions (Vote: 7-0) *8-b. ZON17-00283 (District 6) The 7100 to 7300 blocks of East Ray Road (north side). Located east of Power Road on the north side of Ray Road (56.0± acres). Rezone from LI-AF to LI-AF-PAD. This request will allow for the development of an industrial subdivision. Omar Cervantes, XCL Engineering, LLC, applicant; Phx-Mesa Gateway Airport 193, LLC, owner. – Ordinance No. 5420. Staff Recommendation: Approval with conditions P&Z Board Recommendation: Approval with conditions (Vote: 7-0) *8-c. ZON17-00432 (District 3) The 800 and 900 blocks of West Southern Avenue (south side), the 1200 and 1300 blocks of South Extension Road (west side), and the 800 and 900 blocks of West Grove Avenue (north side). Located at the southwest corner of Southern Avenue and Extension Road (19.3 ± acres). PAD Amendment; Site Plan Modification. This request will allow the development of a new multiple-residence building in an existing multiple-residence complex. Reese Anderson, Pew and Lake, PLC, applicant; Edward B. Frankel, Trustee of the Frankel Family Trust, owner. – Ordinance No. 5421. Staff Recommendation: Approval with conditions P&Z Board Recommendation: Approval with conditions (Vote: 7-0) 9. Take action on the following subdivision plat: *9-a. "Allred Ranch" (District 2) The 2900 to 3100 blocks of East Southern Avenue (north side), and the 900 to 1200 blocks of South Los Alamos (west side). Located east of Regular Council Meeting February 5, 2018 Page9 Lindsay Road on the north side of Southern Avenue. 108 RSL-4.5 PAD lots (25± acres). KB Home Phoenix, Inc., developer; Dan Auxier, EPS Group, engineer. Items not on the Consent Agenda 10. Items from citizens present. There were no items from citizens present. 11. Adjournment. Without objection, the Regular Council Meeting adjourned at 5:57 p.m. ATTEST: DEE ANN MICKELSEN, CITY CLERK ~ ~AYOR I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Council Meeting of the City Council of Mesa, Arizona, held on the 5th day of February, 2018. I further certify that the meeting was duly called and held and that a quorum was present. DEE ANN MICKELSEN, CITY CLERK js Page 1 of 32 AGREEMENT PURSUANT TO SOLICITATION CITY OF MESA AGREEMENT NUMBER 2018011 INFORMATION TECHNOLOGY SOLUTIONS & SERVICES CITY OF MESA, Arizona (“City”) Department Name City of Mesa – Purchasing Division Mailing Address P.O. Box 1466 Mesa, AZ 85211-1466 Delivery Address 20 East Main St, Suite 400 Mesa, AZ 85201 Attention Sharon Brause, CPPO, CPPB, CPCP Senior Procurement Officer E-Mail Sharon.Brause@MesaAZ.gov Phone (480) 644-2815 Fax (480) 644-2655 AND CDW GOVERNMENT LLC, (“Contractor”) Mailing Address 230 N. Milwaukee Ave Vernon Hills, IL 60061-9740 Remit Address 75 Remittance Dr, Suite #1515 Chicago, IL 60675-1515 Attention Jumana Dihu, Program Manager E-Mail jumdihu@cdwg.com Phone (312) 547-2495 Fax (312) 705-9437 Website www.cdwg.com Page 2 of 32 CITY OF MESA AGREEMENT PURSUANT TO SOLICITATION This Agreement pursuant to solicitation (“Agreement”) is entered into this 28th day of February, 2018, by and between the City of Mesa, Arizona, an Arizona municipal corporation (“City”), and CDW GOVERNMENT LLC, an Illinois limited liability company (“Contractor”). The City and Contractor are each a “Party” to the Agreement or together are “Parties” to the Agreement. RECITALS A. The City issued solicitation number 2018011 (“Solicitation”) for INFORMATION TECHNOLOGY SOLUTIONS & SERVICES, to which Contractor provided a response (“Response”); and B. The City Selected Contractor’s Response as being in the best interest of the City and wishes to engage Contractor in providing the services/materials described in the Solicitation and Response. In consideration of the reciprocal promises contained in the Agreement, and for other valuable and good consideration, which the Parties acknowledge the receipt and sufficiency of, the Parties agree to the following Terms & Conditions. TERMS & CONDITIONS 1. Term. This Agreement is for a term beginning on March 1, 2018 and ending on February 28, 2023. The use of the word “Term” in the Agreement includes the aforementioned period as well as any applicable extensions or renewals in accordance with this Section 1. 1.1 Renewals. On the mutual written agreement of the Parties, the Term may be renewed up to a maximum of two (2), one (1) year periods. Any renewal(s) will be a continuation of the same terms and conditions as in effect immediately prior to the expiration of the then- current term. 1.2 Extension for Procurement Processes. Upon the expiration of the Term of this Agreement, including any renewals permitted herein, at the City’s sole discretion this Agreement may be extended on a month-to-month basis for a maximum of six (6) months to allow for the City’s procurement processes in the selection of a Contractor to provide the services/materials provided under this Agreement. The City will notify the Contractor in writing of its intent to extend the Agreement at least thirty (30) calendar days prior to the expiration of the Term. Any extension under this Subsection 1.2 will be a continuation of the same terms and conditions as in effect immediately prior to the expiration of the then-current term. 1.3 Delivery. Delivery shall be made to the location(s) contained in the Scope of Work within thirty (30) days after receipt of an order. Title to Products and risk of loss or damage during shipment pass from Contractor to City upon delivery to the destination specified on the applicable purchase order (F.O.B. Destination, freight prepaid and allowed). Contractor agrees to deliver all products to be delivered F.O.B. destination, freight pre-paid and allowed to various locations throughout the City. In many cases within the City, the Contractor may be asked to deliver all products to the front counter within a given department. For special orders, the Parties agree to negotiate in good faith an alternative delivery date when necessary. Notwithstanding the foregoing, title to software will remain with the applicable licensor(s), and the City's rights therein are contained in the license agreement between such licensor(s) and the City. 2. Scope of Work. The Contractor will provide the necessary staff, services and associated resources to provide the City with the services, materials, and obligations attached to this Agreement as Exhibit A (“Scope of Work”) Contractor will be responsible for all costs and expenses incurred by Contractor that are incident to the performance of the Scope of Work unless otherwise Page 3 of 32 stated in Exhibit A. Contractor will supply all equipment and instrumentalities necessary to perform the Scope of Work. If set forth in Exhibit A, the City will provide Contractor’s personnel with adequate workspace and such other related facilities as may be required by Contractor to carry out the Scope of Work. The Agreement is based on the Solicitation and Response which are hereby incorporated by reference into the Agreement as if written out and included herein. In addition to the requirements specifically set forth in the Scope of Work, the Parties acknowledge and agree that the Parties shall perform in accordance with all terms, conditions, specifications and other requirements set forth within the Solicitation and Response unless modified herein. 3. Orders. Orders must be placed with the Contractor by either a: (i) Purchase Order when for a one- time purchase; (ii) procurement card; (iii) Delivery Order or Blanket Purchase Order for a requirements contract where multiple as-needed orders will be placed with the Contractor; (iv) Executed Statement of Work (SOW); or (v) Executed Cloud Service Order (CSO) Form. The City may use the Internet to communicate with Contractor and to place orders as permitted under this Agreement. Unless explicitly stated in a separate writing executed by the Parties, the terms and conditions on any order form, quote, or similar document provided by Contractor to the City will not take precedence over the language set forth in this Agreement or any of the documents outlined in Section 4 below. 4. Document Order of Precedence. In the event of any inconsistency between the terms of the body of the Agreement, Exhibits, Solicitation, and Response, the language of the documents will control in the following order. a. Amendments to the Agreement b. Agreement c. Exhibits 1. Mesa Standard Terms & Conditions (Exhibit C) 2. Pricing (Exhibit B) 3. Scope of Work (Exhibit A) 4. Other Exhibits not listed above d. Solicitation including any addenda e. Contractor’s Response 5. Payment. Subject to the provisions of the Agreement, the City will pay Contractor the sum(s) described in Exhibit B (“Pricing”) in consideration of Contractor’s performance of the Scope of Work during the Term. 6. Pricing. Contractor’s pricing shall be in the format of a minimum percentage discount off a verifiable price index. Contractor may submit discounts for various manufacturers. At the time of purchase, Contractor may offer deeper discounts beyond the discounted price list, based on volume or other factors, as applicable. Minimum discounts will remain firm during the entirety of the Term of the Agreement, unless the Contractor requests to increase its discount percentage, and Pricing will include all charges that may be incurred in fulfilling requirement(s). In addition to decreasing prices for the balance of the Term due to a change in market conditions, a Contractor may conduct sales promotions involving price reductions for a specified lesser period. In the event a product is discontinued, Contractor will provide a product of the same or greater functionality, utilizing the discount structure. It is the Contractor’s responsibility to provide the City with an up-to-date price list for the duration of the Agreement. 6.1 Prices. All pricing discounts shall be firm for the Term and all extensions or renewals of the Term except where otherwise provided in this Agreement, and will include all costs of the Contractor providing the materials/service including transportation, insurance and Page 4 of 32 warranty costs. No fuel surcharges will be accepted unless allowed in this Agreement. The City shall not be invoiced at prices higher than those stated in the Agreement. No price modifications will be accepted without proper request by the Contractor and response by the City’s Purchasing Division. 6.2 Price Adjustment. Any requests for reasonable price adjustments must be submitted in accordance with this Section. Requests for adjustment in cost of labor and/or materials must be supported by appropriate documentation. There is no guarantee the City will accept a price adjustment; therefore, Contractor should be prepared for the Pricing to be firm over the Term of the Agreement. The City is only willing to entertain price adjustments based on an increase to Contractor’s actual expenses or other reasonable adjustment in providing the services/materials under the Agreement. If the City agrees to the adjusted price terms, the City shall issue written approval of the change. During the sixty (60) day period prior to the expiration of the then-current term date of the Agreement, the Contractor may submit a written request to the City to allow an increase to the prices in an amount not to exceed the twelve (12) month change in the Consumer Price Index for All Urban Consumers (CPI-U), US City Average, All Items, Not Seasonally Adjusted as published by the U.S. Department of Labor, Bureau of Labor Statistics (http://www.bls.gov/cpi/home.htm). The City shall review the request for adjustment and respond in writing; such response and approval shall not be unreasonably withheld. 6.3 Renewal and Extension Pricing. Any extension of the Agreement will be at the same pricing as the initial term. If the Agreement is renewed in accordance with Section 1, pricing may be adjusted for amounts other than inflation that represent actual costs to the Contractor based on the mutual agreement of the Parties. Contractor may submit a request for a price adjustment along with appropriate supporting documentation demonstrating the cost to the Contractor. Renewal prices shall be firm for the term of the renewal period and may be adjusted thereafter as outlined in the Subsection 6.2. There is no guarantee the City will accept a price adjustment. 6.4 Invoices. Payment will be made to Contractor following the City’s receipt of a properly completed invoice. Any issues regarding billing or invoicing must be directed to the City Department/Division requesting the service or material from the Contractor. A properly completed invoice should contain, at a minimum, all of the following: a. Contractor name, address, and contact information; b. City billing information; c. City contract number as listed on the first page of the Agreement; d. Invoice number and date; e. Payment terms; f. Date of service or delivery; g. Description of materials or services provided; h. If materials provided, the quantity delivered and pricing of each unit; i. Applicable taxes; and j. Total amount due. 6.5 Payment of Funds. Contractor acknowledges the City may, at its option and where available use a Procurement Card/e-Payables to make payment for orders under the Agreement; otherwise, payment will be through a traditional method of a check or Electronic Funds Transfer (EFT) as available. Page 5 of 32 6.6 Disallowed Costs, Overpayment. If at any time the City determines that a cost for which payment was made to Contractor is a disallowed cost, such as an overpayment or a charge for materials/service not in accordance with the Agreement, the City will notify Contractor in writing of the disallowance; such notice will state the means of correction which may be, but is not limited to, adjustment of any future claim/invoice submitted by Contractor in the amount of the disallowance or to require repayment of the disallowed amount by Contractor. Contractor will be provided with the opportunity to respond to the notice. 7. Insurance. 7.1 Contractor must obtain and maintain at its expense throughout the Term of the Agreement, at a minimum, the types and amounts of insurance set forth in this Section 7 from insurance companies authorized to do business in the State of Arizona; the insurance must cover the materials/service to be provided by Contractor under the Agreement. For any insurance required under the Agreement, Contractor will name the City of Mesa, its agents, representatives, officials, volunteers, officers, elected officials, and employees as additional insured, as evidenced by providing either an additional insured endorsement or proper insurance policy excerpts. 7.2 Nothing in this Section 7 limits Contractor’s responsibility to the City. The insurance requirements herein are minimum requirements for the Agreement and in no way limit any indemnity promise(s) contained in the Agreement. 7.3 The City does not warrant the minimum limits contained herein are sufficient to protect Contractor and subcontractor(s) from liabilities that might arise out of performance under the Agreement by Contractor, its agents, representatives, employees, or subcontractor(s). Contractor is encouraged to purchase additional insurance as Contractor determines may be necessary. 7.4 Each insurance policy required under the Agreement must be in effect at or prior to the execution of the Agreement and remain in effect for the Term of the Agreement. 7.5 Prior to the execution of the Agreement, Contractor will provide the City with a Certificate of Insurance (using an appropriate “ACORD” or equivalent certificate) signed by the issuer with applicable endorsements. The City reserves the right to request additional copies of any or all of the policies, endorsements, or notices relating thereto required under the Agreement. 7.6 When the City requires a Certificate of Insurance to be furnished, Contractor's insurance is primary of all other sources available. When the City is a certificate holder and/or an additional insured, Contractor agrees no policy will expire, be canceled, or be materially changed to affect the coverage available without advance written notice to the City. 7.7 The policies required by the Agreement must contain a waiver of transfer rights of recovery (waiver of subrogation) against the City, its agents, representatives, officials, volunteers, officers, elected officials, and employees for any claims arising out of the work of Contractor. 7.8 All insurance certificates and applicable endorsements are subject to review and approval by the City's Risk Management Division. 7.9 Types and Amounts of Insurance. Contractor must obtain and retain throughout the term of the Agreement, at a minimum, the following: 7.9.1 Worker’s compensation insurance in accordance with the provisions of Arizona law. If Contractor operates with no employees, Contractor must provide the City Page 6 of 32 with written proof Contractor has no employees. If employees are hired during the course of this Agreement, Contractor must procure worker’s compensations in accordance with Arizona law. 7.9.2 The Contractor shall maintain at all times during the term of this contract, a minimum amount of $1 million per occurrence/$2 million aggregate Commercial General Liability insurance, including Contractual Liability. For Commercial General Liability insurance, the City of Mesa, their agents, officials, volunteers, officers, elected officials or employees shall be named as additional insured, as evidenced by providing an additional insured endorsement. 7.9.3 Automobile liability, bodily injury and property damage with a limit of $1 million per occurrence including owned, hired and non-owned autos. 8. Requirements Contract. Contractor acknowledges and agrees the Agreement is a requirements contract; the Agreement does not guarantee any purchases will be made (minimum or maximum). Orders will only be placed when the City identifies a need and issues a purchase order or a written notice to proceed. The City reserves the right to cancel purchase orders or a notice to proceed within three (3) business days of issuance; any such cancellation will be in writing. Should a purchase order or notice to proceed be canceled, the City agrees to reimburse Contractor for any actual and documented costs incurred by Contractor. The City will not reimburse Contractor for any avoidable costs incurred after receipt of cancellation including, but not limited to, lost profits, shipment of materials, or performance of services. The City reserves the right to purchase contracted items through other sources if determined in the best interests of the City to do so. 9. Notices. All notices to be given pursuant to the Agreement will be delivered to the Contractor at the address listed on Page 1 of this Agreement. Notice will be delivered pursuant to the requirements set forth the Mesa Standard Terms and Conditions that are attached to the Agreement as Exhibit C. 10. Representations of Contractor. To the best of Contractor’s knowledge, Contractor agrees that: a. Contractor has no obligations, legal or otherwise, inconsistent with the terms of the Agreement or with Contractor’s undertaking of the relationship with the City; b. Performance of the services called for by the Agreement do not and will not violate any applicable law, rule, regulation, or any proprietary or other right of any third party; c. Contractor will not use in the performance of Contractor’s responsibilities under the Agreement any proprietary information or trade secret of a former employer of its employees (other than City, if applicable); and d. Contractor has not entered into and will not enter into any agreement, whether oral or written, in conflict with the Agreement. 11. Mesa Standard Terms and Conditions. Exhibit C to the Agreement is the Mesa Standard Terms and Conditions as modified by the Parties, which are incorporated by reference into the Agreement as though fully set forth herein. In the event of any inconsistency between the terms of the Agreement and the Mesa Standard Terms and Conditions, the language of the Agreement will control. The Parties or a Party are referred to as a “party” or “parties” in the Mesa Standard Terms and Conditions. The Term is referred to as the “term” in the Mesa Standard Terms and Conditions. 12. Counterparts and Facsimile or Electronic Signatures. This Agreement may be executed in two (2) or more counterparts, each of which will be deemed an original and all of which, taken together, will constitute one agreement. A facsimile or other electronically delivered signature to the EXHIBIT A SCOPE OF WORK Page 8 of 32 1. MINIMUM REQUIREMENTS. Contractor must meet the following minimum qualifications: a. A full range of information technology solution products and services to meet varying requirements of governmental agencies. b. Have a strong national presence as a computer solutions provider. c. Have a distribution model capable of delivering products, free of charge, in a timely manner on a nationwide basis. d. Have a demonstrated sales presence. e. Ability to provide a toll-free telephone and state of the art electronic facsimile and internet ordering and billing capabilities. f. Be able to meet the minimum requirements of the cooperative purchasing program detailed herein. 2. ORDERING. Although the City is open to alternate ordering methods, the primary methods for customers placing orders with the Contractor is through the following: a. Online b. Telephone c. Fax d. Email 3. SCOPE OF PRODUCTS. Contractor will provide the ability to purchase a comprehensive, wide variety of Information Technology Solution Products including, but not limited to, the following categories: a. Personal Computer Systems: National brand name desktop PCs, notebooks and laptops from Enterprise Tier and Middle Tier Contractors that are business related computers, manufactured by companies, such as, Apple, COMPAQ, Dell, Gateway, Hewlett Packard, IBM / Lenovo and Toshiba. b. Standard Business Workstation: These will be used for typical tasks, which will include word processing, spreadsheet analysis, database management, business graphics, statistical analysis, internet, and other office automation activities. Product will include the operating system license, software media and documentation in the hardware shipment. c. High End Workstation: These will be used by application developers using GIS, CASE or other high-level language development tools, Computer Aided Design and Drafting professional, Internet Application developers or other sophisticated application work. Product will include the operating system license, software media and documentation in the hardware shipment. d. Laptop Computer or Notebook: These will be used by traveling or remote access users for typical office automation and business productivity use. With a port replicator or docking station, it may also be used as a standard desktop. Product will include the operating system license, software media and documentation in the hardware shipment. e. Network Equipment: This includes equipment primarily used for communications over an IP network. This includes layer 2 and layer 3 switches, routers, area wireless access points, point-to-point wireless access, optics, media interfaces (i.e. serial, T1, T3, OC3) and fiber channel. Class of equipment should include home office, small and medium business, and enterprise. Contractors may include, but not limited to, Cisco Systems, Dell, Juniper Networks, HP, Extreme Networks, Enterasys Networks, D-Link, Netgear, and Brocade Communications Systems. EXHIBIT A SCOPE OF WORK Page 9 of 32 f. Monitors: These will include plug and play compatible monitors that are manufactured for the above systems and/or any other brand that may be specifically called for by the ordering entity and which meet the most current UL and OSHA requirements. g. Computer and Network Products and Peripherals: Complete availability of major manufacturers Product lines on items such as, but not limited to RAM, graphic accelerator cards, network interface cards, cables, printers, scanners, keyboards, drives, memory cards, cables, batteries, etc. h. Services: i. Services means such as, consulting, technical support, trade-ins, repair, design, analysis, configuration, implementation, installation, training, and maintenance, etc. In addition, services which are related to the design, use or operation of the Products being purchased such as system configurations, testing, hardware/software installation, upgrades, imaging, etc. as described generally in this Agreement and as more particularly described in a Statement of Work or SOW (meaning a document in electronic or written form that is signed and delivered by each of the Parties for the performance of Services. ii. Cloud Computing means third party cloud computing and storage services, where Contractor acts as a rebiller only and has no control over the delivery of the cloud computing and storage services. City acknowledges that the cloud service provider, and not Contractor, will be responsible for performance of the Cloud Services. Also, before Contractor can sell cloud computing and/or storage services from a third party to the City, City must execute an agreement governing said cloud computing and/or storage services with the third-party cloud services provider. i. Comprehensive Product Offering: Contractor’s catalog and Services set forth in Exhibit B shall be available. The City reserves the right to accept or reject any or all items offered. j. Financing: Options available such as lease programs and conditional sales contracts. 4. LICENSES. The City may be required to sign a separate agreement, rider or End User Licensing Agreement (“EULA”), or such other terms as required by manufacturers, software publisher, or cloud service provider. 5. DEFECTIVE PRODUCT. All defective Products shall be replaced and exchanged by the Contractor. The cost of transportation, re-shipping or other like expenses shall be paid by the Contractor and in the case of certain, special orders, other reasonable charges may be paid by the Contractor as defined in the order or as otherwise agreed to by the Parties. All replacement Products must be received by the City within seven (7) days of initial notification, when such products are in Contractor stock; if replacement Product is not in Contractor’s stock, Contractor will use commercially reasonable efforts to order the product within one (1) business day of the initial notification from the City and will ensure product is received within seven (7) days after Contractor’s receipt of the product. EXHIBIT B PRICING Page 10 of 32 Item # Product Product / Group Discount Manufacturer Name 1) Group 1 - Systems 1) Desktops 2.10% All 2) Notebooks 2.10% All 3) Tablets 2.25% All 4) Servers (1 Processor, 2 Processor, 4+ Processor, Blade, Tower, Unix, Handhelds, etc.) 4.00% All 2) Group 2 - Input Devices 5) Keyboards 6.75% All 6) Mice 6.75% All 7) Imaging Scanners 3.00% All 8) POS Scanners 3.00% All 9) Pointing Devices 3.50% All 10) Bar Code Readers 4.25% All 11) Audio Input 15.00% All 12) Input Adapters 5.00% All 13) PC and Network Cameras 5.50% All 14) Input Cables 15.00% All 15) Input Accessories 6.75% All 3) Group 3 - Output Devices 16) Displays 3.50% All 17) Printers 3.00% All 18) Inkjet Printers 3.00% All 19) Inkjet Photo Printers 3.00% All 20) Laser Printers 3.00% All 21) Label Printers 4.25% All 22) Dot Matrix Printers 3.00% All 23) Multi-Function Printers 3.00% All 24) Wide Format Printers 3.00% All 25) Multi-Function Inkjet Printers 3.00% All 26) Wide Format Printers 3.00% All 27) Fax Machine Printers 3.00% All 28) Printer Accessories 3.00% All 29) Projectors 3.50% All 30) Projector Accessories 3.50% All 31) Audio Input 15.00% All 32) Video Cards 3.50% All EXHIBIT B PRICING Page 11 of 32 33) Sound Cards 3.50% All 34) Output Accessories 6.75% All 35) Printer Consumables 3.00% All 4) Group 4 - Memory 36) Desktop 13.00% All 37) Flash 5.50% All 38) Networking 13.00% All 39) Notebook 13.00% All 40) Printer / Fax 13.00% All 41) Server 13.00% All 5) Group 5 - Storage Devices 42) Adapters Fiber Channel 5.50% All 43) Adapters FireWire / USB 5.50% All 44) Adapters IDE/ATA/SATA 5.50% All 45) Adapters RAID 5.50% All 46) Adapters SCSI 5.50% All 47) Bridges & Routers 5.50% All 48) Disk Arrays 5.50% All 49) Disk Arrays JBOD 5.50% All 50) Drives Magneto-Optical 5.50% All 51) Drives Removable Disks 5.50% All 52) Fiber Channel Switches 5.50% All 53) Hard Disks - External 5.50% All 54) Hard Disks - Fiber Channel 5.50% All 55) Hard Disks - IDE/ATA/S 5.50% All 56) Hard Disks - Notebook 5.50% All 57) Hard Disks - SCSI 5.50% All 58) Networking Accessories 5.50% All 59) Optical Drives - CD-ROM 5.50% All 60) Optical Drives - CD-RW 5.50% All 61) Optical Drives - DVD-CD 5.50% All 62) Optical Drives - DVD-RW 5.50% All 63) Storage Accessories 5.00% All 64) Storage - NAS 5.00% All 65) Storage - SAN 5.00% All 66) Tape Autoloaders -AIT 5.00% All 67) Tape Autoloaders - DAT 5.00% All 68) Tape Autoloaders - DLT 5.00% All 69) Tape Autoloaders - LTO 5.00% All 70) Tape Drives - 4mm 5.00% All EXHIBIT B PRICING Page 12 of 32 71) Tape Drives - 8mm/VXA 5.00% All 72) Tape Drives - AIT 5.00% All 73) Tape Drives - DAT 5.00% All 74) Tape Drives - DLT 5.00% All 75) Tape Drives - LTO/Ultrium 5.00% All 76) Tape Drives SDLT 5.00% All 77) Tape Drives - Travan 5.00% All 6) Group 6 - Network Equipment 78) 10/100 Hubs & Switches 5.50% All 79) Bridges & Routers 5.50% All 80) Gigabit Hubs & Switches 5.50% All 81) Concentrators & Multiplexers 5.50% All 82) Hardware Firewalls 5.50% All 83) Intrusion Detection 5.50% All 84) KVM 4.00% All 85) Modems 5.50% All 86) Network Test Equipment 5.50% All 87) Network Adapters 5.50% All 88) Network Cables 15.00% All 89) Network Accessories 5.50% All 90) Repeaters & Transceivers 5.50% All 91) Wireless LAN Accessories 5.50% All 92) Token Authentication 5.50% All 93) 10G Fiber Optic Transceivers 5.50% All 94) 1G Fiber Optic Transceivers 5.50% All 7) Group 7 - Software 95) Licensing Packages (e.g. Microsoft) 4.00% All 96) Licensing Backup 4.00% All 97) Licensing Barcode/OC 4.00% All 98) Licensing Business Application 4.00% All 99) Licensing CAD/CAM 4.00% All 100) Licensing - Cloning 4.00% All 101) Licensing - Computer Services 4.00% All 102) Licensee - Database 4.00% All 103) Licensing - Development 4.00% All 104) Licensing - Entertainment 4.00% All 105) Licensing - Financial 4.00% All 106) Licensing - Flow Chart 4.00% All 107) Licensing - Graphic Design 4.00% All 108) Licensing - Handheld 4.00% All EXHIBIT B PRICING Page 13 of 32 109) Licensing - Network OS 4.00% All 110) Licensing - OS 4.00% All 111) Licensing - Personal Organization 4.00% All 112) Licensing - Presentation 4.00% All 113) Licensing - Reference 4.00% All 114) Licensing - Report Analysis 4.00% All 115) Licensing - Spreadsheet 4.00% All 116) Licensing - Utilities 4.00% All 117) Licensing - Warranties 4.00% All 118) Licensing - Web Development 4.00% All 119) Licensing - Word Processing 4.00% All 120) Software - Backup 4.00% All 121) Software - Barcode / OCR 4.00% All 122) Software - Business Application 4.00% All 123) Software - CAD/CAM 4.00% All 124) Software - Cloning 4.00% All 125) Software - Computer Services 4.00% All 126) Software - Database 4.00% All 127) Software - Development 4.00% All 128) Software - Entertainment 4.00% All 129) Software - Financial 4.00% All 130) Software - Flow Chart 4.00% All 131) Software - Graphic Design 4.00% All 132) Software - Handheld 4.00% All 133) Software - OS 4.00% All 134) Software - Personal Organization 4.00% All 135) Software - Presentation 4.00% All 136) Software - Reference 4.00% All 137) Software - Report Analysis 4.00% All 138) Software - Spreadsheet 4.00% All 139) Software - Utilities 4.00% All 140) Software - Warranties 4.00% All 141) Software - Web Development 4.00% All 142) Software - Word Processing 4.00% All 8) Group 8 - Media Supplies 143) Media - 4mm tape 5.50% All 144) Media - AIT tape 5.50% All 145) Media - DAT tape 5.50% All 146) Media - DLT tape 5.50% All EXHIBIT B PRICING Page 14 of 32 147) Media LTO / Ultrium tape drive 5.50% All 148) Media - Magneto - Optical 5.50% All 149) Media - Optical 5.50% All 150) Media - SLR tape 5.50% All 151) Media - Travan tape 5.50% All 152) Media - VXA tape 5.50% All 153) Media - zip 5.50% All 9) Group 9 - Collaboration & IP Telephony 154) IP phones 4.25% All 155) Video conferencing products 4.25% All 156) Voice gateways / servers 4.25% All 157) Headsets 4.25% All 158) Audio conferencing products 4.25% All 159) Analog phones 4.25% All 160) Accessories 4.25% All 10) Group 10 - Other 161) Advanced Integration 3.00% All 162) Asset Disposal 3.00% All 163) Asset Management 3.00% All 164) Cables 15.00% All 165) Cables - custom 15.00% All 166) Cables - printer 15.00% All 167) Complex warranties 3.00% All 168) Desktop Accessories 6.75% All 169) Display Accessories 3.50% All 170) Electronic Services 3.00% All 171) Handheld Accessories 6.75% All 172) Imaging Accessories 6.75% All 173) Imaging - Camcorders 3.50% All 174) Imaging - Digital Cameras 3.50% All 175) Internal Lab Service 3.00% All 176) Lab fees 3.00% All 177) Managed Services 3.00% All 178) Miscellaneous solutions 3.00% All 179) Mounting hardware for vehicles 2.50% All 180) Networking Warranties 3.50% All 181) Notebook Accessories 2.50% All 182) Notebook Batteries 5.00% All 183) PC Lab order services 3.00% All 184) POS Accessories 4.25% All EXHIBIT B PRICING Page 15 of 32 185) POS Displays 4.25% All 186) Power Accessories 5.00% All 187) Power Surge Protection 5.00% All 188) Power UPS 5.00% All 189) Server Accessories 4.00% All 190) Service Charge 2.00% All 191) System Components 13.00% All 192) Training Courses 3.00% All 193) Training Reference Manuals 3.00% All 194) Warranties - Electronic 3.00% All 195) iPAD / Tablet Stylus 6.75% All 196) Mouse / Wrist Pads 6.75% All 197) Security Locks and Hardware 6.75% All 198) Tools 6.75% All 199) Document Scanner Accessories 3.00% All 200) Flatbed Scanners 3.00% All 201) Mobile Scanners 3.00% All 202) Network Scanners 3.00% All 203) Sheet fed Scanners 3.00% All 204) Wide Format Scanners 3.00% All 205) Workgroup / Department Scanner 3.00% All 206) Build to Order Desktops 2.10% All 207) Nettop 3.00% All 208) Point of Sale 4.25% All 209) Ultra Small Form Factor 2.10% All 210) Apple / Mac Memory Upgrades 13.00% All 211) Chips / SIMMs/SIPPs / ROMs 13.00% All 212) Computer Cases 13.00% All 213) CPUs / Fans 13.00% All 214) Memory Accessories 13.00% All 215) Motherboards / Chassis 13.00% All 216) 1 - 2 port Serial Boards 13.00% All 217) 3+ port Serial Boards 13.00% All 218) Console Server 4.00% All 219) Device Server 4.00% All 220) Terminal Server 4.00% All 221) Content Management 4.00% All 222) Firewall / VPN Appliances 5.50% All EXHIBIT B PRICING Page 16 of 32 223) Multifunction Security Appliances 5.50% All 224) Network Camera Accessories 5.50% All 225) Network Cameras 5.50% All 226) Physical/Environmental Security 5.50% All 227) Security Appliance Accessories 5.50% All 228) Security Tokens 5.50% All 229) Unified Threat Management 5.50% All 230) 2-way Radios / Walkie Talkies 6.75% All 231) Apple Notebooks 2.50% All 232) Convertible PCs / Slate PCs / iPAD 2.25% All 233) iPAD 2.25% All 234) Slate Tablet Computers 2.25% All 235) GPS / PDA 6.75% All 236) Wireless Communication Devices 2.50% All 237) Batteries 5.00% All 238) Power Supplies / Adapters 5.00% All 239) Rackmountain Equipment 5.00% All 240) Remote Power Management 5.00% All 241) Surge Suppressors 5.00% All 242) UPS / Battery Backup 5.00% All 243) 14" & smaller LCD Display 3.50% All 244) 15-19" LCD Display 3.50% All 245) 15-19" Wide LCD Display 3.50% All 246) 15-19" Wide LED Display 3.50% All 247) 20-30" LCD Display 3.50% All 248) 20-30" Wide LCD Display 3.50% All 249) 20-30" Wide LED Display 3.50% All 250) PCoIP and Zero Client Displays 3.50% All 251) Arm Mounts 3.50% All 252) Ceiling Mounts 3.50% All 253) Combo Mounts 3.50% All 254) Desktop Stands / Risers 3.50% All 255) Flat Wall Mounts 3.50% All 256) Mount Accessories 3.50% All 257) Pole Display 4.25% All 258) Stands / Carts / Feet 3.50% All 259) Tilt Wall Mounts 3.50% All EXHIBIT B PRICING Page 17 of 32 260) C-Cure Products 4.00% All 261) Istar Products 5.50% All 11) Group 11 - Services SERVICE STANDARD HOURLY RATE DISCOUNT FROM STANDARD RATE Design and Analysis Please see CDW•G's Professional Services Offering below for descriptions of CDW•G's Professional Services. Configuration % Implementation % Installation % Training % Maintenance & Support % CDW Configuration Services 5% 12) Group 12 - Additional Products/Services Not Identified Please see CDW•G's Configuration Services Pricelist below for descriptions and pricing of CDW•G's Configuration Services. Apple Products for eligible Government and Educational Entities 0.50% CDW•G has conformed to the National Pricing structure aligning to National IPA's product taxonomy, however, CDW•G will manage the resultant contract according to CDW•G's Product Tree below, which shall govern all purchases and provides more breadth and a more complete representation of the CDW•G Catalog. All discounts will be applied by product category listed below to CDW•G's Nationally Advertised Pricing which is publicly verifiable at www.cdwg.com. CDW•G Product Tree Categories Discount Accessories 6.75% Power, Cooling & Racks 5.00% Desktop Computers 3.00% PC Compatible Desktop Computer 2.10% PC Compatible Workstation 3.00% Blade PCs 3.00% RISC Processor Workstation 3.00% Thin Clients 3.00% Web TV Access Unit 3.00% EXHIBIT B PRICING Page 18 of 32 Windows Based Terminals 3.00% Data Storage / Drives 5.50% Enterprise Storage 5.00% Point of Sale/Data Capture 4.25% Servers & Server Management 4.00% Services (CDW Delivered) 0.00% Notebook/Mobile Devices 2.50% Notebook Computers 2.10% Notebook Accessories 2.50% Wireless Communication Devices 2.50% Convertible PCs/Slate PCs/iPAD 2.25% Chromebooks 0.00% Netcomm Products 5.50% Gigabit Switch 6.00% Modular Switch Chassis 6.00% Modular Switches 5.50% Carts and Furniture 5.00% Printing & Document Scanning 3.00% Services (3rd Party Delivered) 0.00% Warranties-Product Protection 3.50% Software 4.00% Collaboration Hardware 4.25% Memory/System Components 13.00% Video-Projection-Pro Audio 3.50% Cables 15.00% CDW Configuration Services 5.00% Apple Products for Eligible Entities .50% CDW•G will work with Manufacturers and the City or Participating Agencies, as applicable, post award to ensure they are aware of and participating in special manufacturer programs. CDW•G Account Managers will work with the City or Participating Agencies, as applicable, post award to determine if large orders qualify to receive additional discounts. These discounts are dependent on order size, delivery schedule and will be negotiated with Manufacturers. As Apple's largest Corporate Channel Partner in the U.S., CDW•G has negotiated to offer Apple Products to Eligible Government and Educational Entities at the discount listed above and in the pricing table in this Exhibit B. EXHIBIT B PRICING Page 19 of 32 CDW•G Professional Services Offering Major Metro Service Areas Washington, DC Raleigh Madison New York City Metro Houston Wausau Los Angeles Tampa Milwaukee San Francisco Atlanta Appleton San Diego National Grand Rapids Boston Metro Dallas Indianapolis Chicago Cincinnati Cleveland Federal Detroit Philadelphia Minneapolis Seattle St. Louis/KC Denver Nashville Portland Services apply to both CDW•G executed professional services and services which are sub-contracted through a CDW•G authorized third party provider. Hourly or fixed rates will be negotiated based on the customer, geography, scope of the professional service engagement, and level of engineer required to perform the service. CDW•G will create a Statement of Work (SOW) detailing the exact scoping and pricing of the Services to be provided, which will be executed by CDW•G and the National IPA member prior to the start of Services. Sample SOW is included in our proposal. Expenses (T and E) may be an additional consideration depending on project specifics. Solution Domain Discipline Technology Domain Role Datacenter Storage Data Migration Senior Consulting Engineer EMC Senior Consulting Engineer IBM Senior Consulting Engineer VMWare Senior Consulting Engineer NetApp Senior Consulting Engineer Datacenter Networking & Enterprise Networking Infrastructure & Networking Associate Consulting Engineer Consulting Engineer Senior Consulting Engineer Principal Consulting Engineer Technical Lead Mobility Client Management Client Virtualization Endpoint Management Mobile Device Management Associate Consulting Engineer Consulting Engineer Senior Consulting Engineer Principal Consulting Engineer Technical Lead VDI Citrix Senior Consulting Engineer Security Network Security Network Security Associate Consulting Engineer Consulting Engineer Senior Consulting Engineer Principal Consulting Engineer Technical Lead EXHIBIT B PRICING Page 20 of 32 Security Information Security Information Security Penetration Testing Gap Analysis (HIPAA gap, PCI Gap, NIST) Collaboration Communication Voice, Video Collaboration Associate Consulting Engineer Consulting Engineer Senior Consulting Engineer Principal Consulting Engineer Technical Lead Collaboration Engagement Contact Center Associate Consulting Engineer Consulting Engineer Senior Consulting Engineer Principal Consulting Engineer Technical Lead Collaboration Productivity Information Worker Associate Consulting Engineer Consulting Engineer Senior Consulting Engineer Principal Consulting Engineer Technical Lead Consulting Advisory Services Consulting Advisory Services Consulting Advisory Services CAS_Business_Analyst CAS_Consulting_Services_Architect CAS_Engagement_Manager CAS_Technology_Architect CAS_Business_Architect Project & Program Management Project & Program Management Project & Program Management Project Admin Project Manager Senior Project Manager Program Manager CDW•G Configuration Services Service Group EDC Description Advertised Price Contract Discount Contract Ceiling Price Hardware Configurations and Priority Service Priority 1625768 PRIORITY SERVICE $ 21.99 5% $ 20.89 Hardware 1706188 CDW Hardware Install for Server $ 32.99 5% $ 31.34 Hardware 1706189 CDW Hardware Install for DT-LT $ 17.99 5% $ 17.09 Hardware 1820627 CDW Hardware Install for Netcom $ 22.99 5% $ 21.84 Hardware 3558560 CDW MOBILE DEVICE SIM CARD INSTALL $ 9.99 5% $ 9.49 Hardware 2437037 CDW RACK CONFIG 1 CREDIT $ 82.99 5% $ 78.84 Hardware 3803338 CDW HARDWARE INSTALL FOR PRINTER $ 32.99 5% $ 31.34 Asset Tagging Asset Tags 322170 CDW ASSET TAGS NO INSTALL MAIL ONLY $ 0.98 5% $ 0.93 Asset Tags 338519 CDW ASSET TAG W/O INSTALL $ 9.99 5% $ 9.49 Asset Tags 338521 CUSTOMER ASSET TAG CONFIG SERVICE $ 9.99 5% $ 9.49 Asset Tags 500814 CDW CREATE CUSTOM TAG/LABEL $ 29.99 5% $ 28.49 Asset Tags 500815 BASIC CUSTOM TAG $ 9.99 5% $ 9.49 Asset Tags 500817 INTERMEDIATE CUSTOM TAG $ 17.99 5% $ 17.09 EXHIBIT B PRICING Page 21 of 32 Asset Tags 500818 ADVANCED CUSTOM TAG $ 22.99 5% $ 21.84 Asset Tags 537315 CDW CREATED CUSTOM TAG – MAIL ONLY $ 1.22 5% $ 1.16 Asset Tags 955862 CDWG UID TAG/LABEL $ 9.99 5% $ 9.49 Asset Tags 1095109 CDW RFID TAG $ 61.99 5% $ 58.89 Asset Tags 3465262 BASIC CUSTOM TAG W/BOX DUP TAG $ 10.99 5% $ 10.44 Asset Tags 3465269 CUSTOMER ASSET TAG W/BOX DUP REQ6330 $ 10.99 5% $ 10.44 Asset Tags 4347185 CUSTOMER ASSET TAG W BOX DUP REQ6247 $ 12.99 5% $ 12.34 Asset Tags 3465895 INTERMEDIATE CUSTM TAG W-BOX DUP TAG $ 21.99 5% $ 20.89 Asset Tags 3982815 ADV CUSTOM TAG W/BOX DUP $ 24.99 5% $ 23.74 Configuration Service Bundles Bundle 2342089 CDW HW IMAGE CDW ASSET TAG-REQ1173 $ 45.99 5% $ 43.69 Bundle 2342092 CDW HW IMAGE BASIC CUSTM TAG-REQ1174 $ 52.99 5% $ 50.34 Bundle 2342096 CDW HW IMAG CUSTMR ASSET TAG-REQ1175 $ 52.99 5% $ 50.34 Bundle 2342098 CDW IMAG CSTMR ASSET TAG PRI-REQ1176 $ 46.99 5% $ 44.64 Bundle 2342102 CDW IMAGE CDW ASSET TAG PRI-REQ1177 $ 39.99 5% $ 37.99 Bundle 2342106 CDW HW IMAGE PRIORITY-REQ1178 $ 53.99 5% $ 51.29 Bundle 2423730 CDW HW IMAGE CDW ASSET PRI-REQ1193 $ 53.99 5% $ 51.29 Bundle 2423732 CDW HW IMG BSC CSTM TAG PRI-REQ1194 $ 59.99 5% $ 56.99 Bundle 2423734 CDW HW IMAG CUSTMR ASSET PRI-REQ1195 $ 59.99 5% $ 56.99 Bundle 2426793 CDW IMAGE CUSTMER ASSET TAG-REQ1197 $ 39.99 5% $ 37.99 Bundle 2426795 CDW IMAGE CDW ASSET TAG-REQ1198 $ 32.99 5% $ 31.34 Bundle 2426798 CDW HARDWARE IMAGE DEPLOY-REQ1199 $ 45.99 5% $ 43.69 Bundle 2853723 CDW IMAGE BASIC CUSTOM TAG-REQ1324 $ 39.99 5% $ 37.99 Bundle 2853726 CDW IMAGE BIOS CUSTOMIZATION-REQ1325 $ 39.99 5% $ 37.99 Bundle 3269810 CDW HW IMG INTRM TAG CMPTRAC REQ1901 $ 63.99 5% $ 60.79 Bundle 3327808 CDW LIGHT TOUCH IMAGE DEPLOY W-VPN $ 42.99 5% $ 40.84 Bundle 4008018 LEVEL 1 IOS\ETCH INSERT REQ 5075 $ 39.99 5% $ 37.99 Bundle 4008025 LEVEL 1 IOS\ETCH REQ 5076 $ 33.99 5% $ 32.29 Bundle 4041681 IOS LVL1 & SRVC CUST INSERT REQ5156 $ 28.99 5% $ 27.54 Bundle 4056755 INT CUST TAG&DUP + DATA CAP CONTRACT $ 21.99 5% $ 20.89 Bundle 4086733 CDW LT IMAGE DEPLOY W/VPN&BOX LABEL $ 44.99 5% $ 42.74 Bundle 4171085 COI SPECOPS & PROJECTMANGEMENT R5611 $ 569.99 5% $ 541.49 Diagnostics Diagnostics 214266 CDW BURN IN 12 HOURS $ 21.99 5% $ 20.89 Imaging Imaging 195856 CDW INSTALLING CUSTOM SERVER IMAGE $ 113.99 5% $ 108.29 Imaging 247489 HILL ROM CREATE CUSTOM RESTORE CD $ 49.99 5% $ 47.49 Imaging 266912 CDW APPLE IMAGE DEPLOYMENT $ 32.99 5% $ 31.34 Imaging 283926 CDW MASTER IMAGE CREATION CREDIT $ 183.99 5% $ 174.79 Imaging 379370 CDW INSTALLING CUSTOM PDA IMAGE $ 17.99 5% $ 17.09 Imaging 534223 CDW STANDARD IMAGE DEPLOYMENT DT/NB $ 32.99 5% $ 31.34 Imaging 763587 FLASH DRIVE IMAGING $ 9.99 5% $ 9.49 Imaging 763593 CDW USB RESTORE UPTO 16GB $ 39.99 5% $ 37.99 Imaging 809048 CDW MAINTAIN CUSTOM PC IMAGE-CREDIT $ 31.99 5% $ 30.39 Imaging 1640342 CDW INSTALLING ALTIRIS SERVER IMAGE $ 113.99 5% $ 108.29 Imaging 1926223 CDW TERMINAL IMAGE DEPLOYMENT $ 32.99 5% $ 31.34 Imaging 2691836 CDW ZERO TOUCH IMAGE DEPLOYMENT $ 32.99 5% $ 31.34 Imaging 2798606 CDW IMAGE MODEL MIGRATION CREDIT $ 113.99 5% $ 108.29 EXHIBIT B PRICING Page 22 of 32 Imaging 2869570 CDW USB RESTORE UPTO 32GB $ 52.99 5% $ 50.34 Imaging 3652393 CDW CREATE CUSTOM RECOVERY PARTITION $ 353.99 5% $ 336.29 Imaging 3765107 SERVER RACKING ADV IMAGING SVC $ 219.99 5% $ 208.99 Imaging 3982809 CDW USB RESTORE SVC UPTO 64GB $ 63.99 5% $ 60.79 Imaging 4008336 CHROME WHITE GLOVE SERVICE TIER1 $ 22.93 5% $ 21.78 Imaging 4008354 CHROME WHITE GLOVE SERVICE TIER2 $ 24.93 5% $ 23.68 Imaging 4419882 CHROME UNMANAGED KIOSK APP INSTALL $ 28.92 5% $ 27.47 Imaging 4086723 CDW IMAGE DEPLOY W BOX LABEL REQ6281 $ 33.99 5% $ 32.29 Imaging 4086738 CDW SCCM SRV-ZERO TOUCH W/BOX LABEL $ 33.99 5% $ 32.29 Laser Etching / Color Branding Laser Etching 1461344 CDW LASER ETCHING-TIER 1 STATIC SML $ 11.00 5% $ 10.45 Laser Etching 2815190 CDW LASER ETCHING-TIER 2 STATIC LRG $ 15.00 5% $ 14.25 Laser Etching 2815191 CDW LASER ETCHING-TIER 3 DYNAMIC $ 22.00 5% $ 20.90 Color Branding 3223260 CDW COLOR BRANDING TEMPLATE $ - 5% $ - Color Branding 4100630 CDW COLOR BRANDING TIER 1 $ 15.00 5% $ 14.25 Color Branding 3223250 CDW COLOR BRANDING TIER 2 $ 22.00 5% $ 20.90 Color Branding 3436605 CDW COLOR BRANDING TIER 3 $ 30.00 5% $ 28.50 Mobile Carts Mobile Carts 4466480 CDW CHROMEBOOK WIRE CART CONFIG $ 120.00 5% $ 114.00 Netcom Netcom 311718 CDW NETWORK & SECURITY DEVICE CONFIG $ 40.00 5% $ 38.00 Netcom 1550455 CDW NETWORK & SEC CHASSIS CONFIG BUN $ 100.00 5% $ 95.00 Netcom 1550460 CDW NETWORK & SEC DEVICE CONFIG BUN $ 65.00 5% $ 61.75 Netcom 2394839 CDW NETWORK & SEC CHASSIS CONFIG $ 70.00 5% $ 66.50 Netcom 2432019 CDW VPN DOMAIN JOIN ONLY $ 8.00 5% $ 7.60 Netcom 3628500 CDW VPN DOMAIN JOIN ONLY-PCA $ 8.00 5% $ 7.60 Netcom 3651585 CDW AP/ENDPOINT PROVISIONING $ 30.00 5% $ 28.50 Netcom 4121801 CDW AP/ENDPOINT FIRMWARE UPDATE $ 16.00 5% $ 15.20 Netcom 4219966 CDW CLIENT VPN CONFIGURATION $ 12.00 5% $ 11.40 Other Other 504311 CDW HP ILO ACTIVATION $ 12.00 5% $ 11.40 Other 872360 CDW SYSTEM BIOS/FIRMWARE UPG $ 16.00 5% $ 15.20 Other 1197175 CDW CUSTOM IP CONFIGURATION $ 12.00 5% $ 11.40 Other 1197180 CDW BIOS CUSTOMIZATION $ 5.00 5% $ 4.75 Other 1369901 CDW SRVC CUSTOM ADDED INSERTS $ 5.00 5% $ 4.75 Other 1369904 CDW DDS / COMPUTRACE ACTIVATION $ 5.00 5% $ 4.75 Other 1369905 CDW DATA CAPTURE & TRACKING SRVC $ 5.00 5% $ 4.75 Other 1713539 CDW SPECIAL CONFIG REQ - 1 CREDIT $ 5.00 5% $ 4.75 Other 1713542 CDW SPECIAL CONFIG REQ - 6 CREDITS $ 30.00 5% $ 28.50 Other 1713544 CDW SPECIAL CONFIG REQ - 12 CREDITS $ 60.00 5% $ 57.00 Other 2366694 CDW APPLE IOS CUSTOMIZATION LVL 1 $ 15.00 5% $ 14.25 Other 2366709 CDW APPLE IOS CUSTOMIZATION LVL 2 $ 30.00 5% $ 28.50 Other 2613286 CDW ANDROID CUSTOMIZATION LVL 1 $15.00 5% $ 14.25 Other 2613287 CDW ANDROID CUSTOMIZATION LVL 2 $ 30.00 5% $ 28.50 Other 2671476 CDW SCREEN OVERLAY INSTALL SERVICE $ 8.00 5% $ 7.60 Other 2696504 CDW Hard Drive Data Encryption DT/NB $ 12.00 5% $ 11.40 Other 2828923 CDW SAS RAID Activation $ 12.00 5% $ 11.40 Other 2858009 CDW KINDLE AD REMOVAL REQ1329 $ 30.00 5% $ 28.50 EXHIBIT B PRICING Page 23 of 32 Other 3553290 CDW APPLE ID CREATION $ 5.00 5% $ 4.75 Other 3899153 CDW VPRO BASIC ACTIVATION REQ4717 $ 5.00 5% $ 4.75 Other 4248044 CDW LENOVO IMM ACTIVATION $ 12.00 5% $ 11.40 Other 4176320 CDW ASSET MGMNT UPDATE SVC REQ 5634 $ 1.25 5% $ 1.19 Software Software 76056 CDW APPLICATION INSTALL DT/NB $ 36.00 5% $ 34.20 Software 76980 CDW NETWORK OPERATING SYSTEM INSTALL $ 200.00 5% $ 190.00 Software 346243 CDW STD WINDOWS CLIENT OS INSTALL $ 90.00 5% $ 85.50 Software 931000 CDW NETWORK APPLICATION INSTALL $ 100.00 5% $ 95.00 Software 1197183 CDW APPLICATION UPDATES AND MAINTENANCE $ 22.00 5% $ 20.90 Software 1278296 CDW OEM MFG OS INSTALLATION $ 90.00 5% $ 85.50 Software 1291101 CDW LINUX INSTALLATION OS-ALL VERS $ 120.00 5% $ 114.00 Software 1550439 SUN SOLARIS INSTALLATION – ALL VERSIONS $ 200.00 5% $ 190.00 Software 1550447 VMWARE INSTALLATION – ALL VERSIONS $ 70.00 5% $ 66.50 Software 3803347 CDW SOFTWARE CONFIG FOR PRINTER $ 24.00 5% $ 22.80 Software 3982800 CDW HDD OS SWAP SVC REQ5012 $ 36.00 5% $ 34.20 Configuration Project Management / COI Proj. Mgmt 3110955 CDW CONFIG PROJECT COORD HRLY CREDIT $ 75.00 5% $ 71.25 Proj. Mgmt 4289890 CDW CONFIG PM 150 HRLY CHARGE $ 150.00 5% $ 142.50 Proj. Mgmt 3536706 CDW COI PROJ COORD /OPS COST $ 5,000.00 5% $ 4,750.00 Proj. Mgmt 3543509 CDW CONFIG PROJECT COORD CREDIT/UNIT $ 5.00 5% $ 4.75 Proj. Mgmt 3752290 CDW PROJ MNGMNT CONFIG AP SVC $ 7.00 5% $ 6.65 Proj. Mgmt 4086747 CONFIGS SERVICES PROJ MGMT(PER UNIT) $ 1.00 5% $ 0.95 Proj. Mgmt 4087191 CONFIGS SERVICES PROJ MGMT(PER UNIT) $ 0.50 5% $ 0.48 COI 3268855 CDW CONFIG PROJECT COORD COI SVC $ 300.00 5% $ 285.00 COI 3561536 COI OPS PALLET RECEIVING/PROCESSING $ 480.00 5% $ 456.00 COI 4439488 COI OPS PALLET/MONTH REC/PRO $ 40.00 5% $ 38.00 COI 3659769 CDW COI OPERATIONAL EXPENSE WITH SN $ 10.00 5% $ 9.50 COI 3827583 COI TEMP TAG NO INSTALL E-MAIL $ 10.00 5% $ 9.50 EXHIBIT C MESA STANDARD TERMS AND CONDITIONS Page 24 of 32 1. 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. 2. 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. 3. 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. 4. 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. 5. 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. 6. 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. 7. 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. 8. TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations under this Agreement. 9. 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 in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. EXHIBIT C MESA STANDARD TERMS AND CONDITIONS Page 25 of 32 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 the provisions of A.R.S. § 41-4401, 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 and A.R.S. § 23-214(A) (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 and the E-Verify requirements prescribed by A.R.S. § 23-214 (A). 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. e. State Sponsors of Terrorism Prohibition. Per A.R.S. § 35-392, Contractor must not be in violation of section 6(j) of the Federal Export Administration Act and subsequently prohibited by the State of Arizona from selling goods of services to the City. 10. SALES/USE TAX, OTHER TAXES. a. Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor’s services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required. If any taxing authority should deem Contractor or Contractor employees an employee of the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor’s responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. EXHIBIT C MESA STANDARD TERMS AND CONDITIONS Page 26 of 32 b. The City is exempt from paying certain federal excise taxes and will furnish an exemption certificate upon request. The City is not exempt from state and local sales/use taxes. 11. 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. 12. PUBLIC RECORDS. Contractor acknowledges that the City is a public entity, subject to Arizona’s public records laws (A.R.S. § 39-121 et. seq.) and that any documents related to this Agreement may be subject to disclosure pursuant to state law in response to a public records request or to subpoena or other judicial process. a. If Contractor believes document related to the Agreement contains trade secrets or other proprietary data, Contractor must notify the City and include with the notification a statement that explains and supports Contractor’s claim. Contractor also must specifically identify the trade secrets or other proprietary data that Contractor believes should remain confidential. b. In the event the City determines it is legally required to disclose pursuant to law any documents or information Contractor deems confidential trade secrets or proprietary data, the City, to the extent possible, will provide Contractor with prompt written notice by certified mail, fax, email or other method that tracks delivery status of the requirement to disclose the information so Contractor may seek a protective order from a court having jurisdiction over the matter or obtain other appropriate remedies. The notice will include a time period for Contractor to seek court ordered protection or other legal remedies as deemed appropriate by Contractor. If Contractor does not obtain such court ordered protection by the expiration of said time period, the City may release the information without further notice to Contractor. 13. AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for six (6) 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. Notwithstanding the foregoing, any Agreement audits must be pursuant to a signed Confidentiality Agreement agreed to by both parties which will be subject to applicable law, including the Arizona Public Records law. Contractor is not required to keep original documents and copies of relevant documents will suffice for the purposes of this provision. The audit must be conducted during regular business hours at a mutually agreeable time and location, and upon reasonable advanced notice of records to be audited. 14. 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. 15. 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. 16. DEFAULT. a. A party will be in default if that party: EXHIBIT C MESA STANDARD TERMS AND CONDITIONS Page 27 of 32 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 as set forth in the City Procurement Rules Article 7 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 Article 6 of the City’s Procurement Rules. 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. 17. 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. 18. 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. 19. TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in part or in whole upon thirty (30) calendar days’ written notice. 20. TERMINATION FOR CONFLICT OF INTEREST (A.R.S. § 38-511). Pursuant to A.R.S. § 38-511, the City may cancel this Agreement within three (3) years after its execution, without penalty or EXHIBIT C MESA STANDARD TERMS AND CONDITIONS Page 28 of 32 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. 21. 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. 22. 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. 23. 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. 24. 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) misconduct 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 this Agreement. However, notwithstanding the prior sentence, any claim shall not be an indemnified claim if such claim or damage was caused in whole by the actions of the City, its employees, agents, contractors or representatives. 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. d. IN THE EVENT OF ANY LIABILITY INCURRED BY CONTRACTOR OR ANY OF ITS AFFILIATES HEREUNDER, INCLUDING INDEMNIFICATION OF CITY BY CONTRACTOR, THE ENTIRE LIABILITY OF CONTRACTOR AND ITS AFFILIATES FOR DAMAGES FROM ANY CAUSE WHATSOEVER WILL NOT EXCEED $5,000,000.00 OVER THE ENTIRE TERM OF THE AGREEMENT. 25. WARRANTY. Contractor warrants that the services and materials will conform to the requirements of Exhibit A. Additionally, Contractor warrants that all services will be performed in a good, workman-like and professional manner, as stated below. a. Manufacturer’s Warranty. The City understands that the Contractor is not the manufacturer of the products purchased by the City hereunder and the only materials (product) warranties offered are those of the manufacturer, not the Contractor or its affiliates unless the manufacturer is the Contractor or its affiliates. THE CONTRACTOR AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED, EXHIBIT C MESA STANDARD TERMS AND CONDITIONS Page 29 of 32 RELATED TO PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF TITLE, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF NONINFRINGEMENT, OR ANY WARRANTY RELATING TO THIRD PARTY SERVICES. THE DISCLAIMER CONTAINED IN THIS PARAGRAPH DOES NOT AFFECT THE TERMS OF ANY MANUFACTURER'S WARRANTY. b. Services Warranty. City's sole and exclusive remedy with respect to a warranty on the Services provided by Contractor will be, at the sole option of Contractor, to either: (a) use its reasonable commercial efforts to reperform any services not in substantial compliance with this warranty, or (b) refund amounts paid by City related to the portion of the services not in substantial compliance; provided, in each case, City notifies Contractor in writing within five (5) business days after performance of the applicable Services. City shall be solely responsible for daily back-up and other protection of its data and software against loss, damage or corruption during the performance of services and for any necessary reconstruction thereof. c. Third Party Services Warranty. In connection with the products (materials), certain services, such as extended warranty service by manufacturers, are sold by the Contractor as a distributor or sales agent ("Third Party Services"). In the case of Third Party Services, the third party will be the party responsible for providing the services to the City and the City will look to the third party for any loss, claims or damages arising from or related to the provision of such Third-Party Services. Any amounts, including, but not limited to, taxes, associated with Third Party Services which may be collected by the Contractor will be collected solely in the capacity as an independent sales agent. 26. 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. 27. 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. 28. OWNERSHIP. a. Except as it pertains to the Work Product in Subsection (b) below, 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. b. City's rights to Work Product (meaning deliverables to be provided or created individually or jointly in connection with the services, not materials, provided by Contractor, including but not limited to, all inventions, discoveries, methods, processes, formulae, ideas, concepts, techniques, know-how, data, designs, models, prototypes, works of authorship, computer programs, proprietary tools, methods of analysis and other information, whether or not capable of protection by patent, copyright, trade secret, confidentiality, or other proprietary rights, or discovered in the course of performance of this Agreement that are embodied in such work or materials) will be, upon payment in full, a non-transferable, non-exclusive, royalty-free license to use such Work Product solely for City's internal use. City obtains no ownership or other property rights thereto. City agrees that Contractor may incorporate intellectual property created by third parties into the Work Product and that City’s right to use such Work Product may be subject to the rights of, and limited by agreements with, such third parties EXHIBIT C MESA STANDARD TERMS AND CONDITIONS Page 30 of 32 29. USE OF NAME. Contractor will not use the name of the City of Mesa in any advertising or publicity without obtaining the prior written consent of the City. 30. PROHIBITED ACTS. Pursuant to A.R.S. § 38-504, a current or former public officer or employee within the last twelve (12) months 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. Further, while employed by the City and for two (2) years thereafter, public officers or employees are prohibited from disclosing or using, without appropriate authorization, any confidential information acquired by such personnel in the course of his or her official duties at the City. 31. FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. 32. RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of Contractor’s goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder. 33. 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. 34. 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. 35. PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will 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 (collectively “Claim”) and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any Claim, or pay any settlement of such 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 sole option and 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 based on a five (5) year straight line amortized basis. The forgoing provisions in this Section state the entire liability of Contractor and the sole and exclusive remedy of the City with respect to any Claim. Contractor shall have no liability or obligation to the City to the extent any Claim is based upon: (i) any combination of anything provided by Contractor with other software, hardware or other materials not authorized by Contractor or manufacturer; or (ii) any addition to, or modification of, anything provided by Contractor made after delivery to the City by any person other than Contractor. 36. CONTRACT ADMINISTRATION. The contract will be administered by the Purchasing Administrator and/or an authorized representative from the using department. All questions regarding the contract will be referred to the administrator for resolution. Supplements may be written to the contract for the addition or deletion of services. Payment will be negotiated and determined by the contract administrator(s). 37. 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 EXHIBIT C MESA STANDARD TERMS AND CONDITIONS Page 31 of 32 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. 38. COOPERATIVE USE OF CONTRACT. This contract is available through National IPA to agencies nationwide. The City has also entered into various cooperative purchasing agreements with other Arizona government agencies, including the Strategic Alliance for Volume Expenditures (SAVE) cooperative. Under the SAVE Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies through National IPA or SAVE in the State of Arizona 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. A contractor, subcontractor or vendor or any employee of a contractor, subcontractor or vendor who is contracted to provide services on a regular basis at an individual school shall obtain a valid fingerprint clearance card pursuant to title 41, chapter 12, article 3.1. A school district governing board shall adopt policies to exempt a person from the requirements of this subsection if the person's normal job duties are not likely to result in independent access to or unsupervised contact with pupils. A school district, its governing board members, its school council members and its employees are exempt from civil liability for the consequences of adoption and implementation of policies and procedures pursuant to this subsection unless the school district, its governing board members, its school council members or its employees are guilty of gross negligence or intentional misconduct. Additionally, Contractor will comply with the governing body’s fingerprinting policy of each individual school district and public entity. Contractor, subcontractors, vendors and their employees will not provide services on school district properties until authorized by the school district. 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. The City is not a party to any agreements between the Contractor and National IPA, National IPA and other agencies, the Contractor and other agencies, or any third-party contracts in any way related to this Agreement or the cooperative use of this Agreement. 39. 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. 40. 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 email or 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, email or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof. 41. GOVERNING LAW, FORUM. This Agreement is governed by the laws of the State of Arizona. The exclusive forum selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Maricopa County, Arizona. 42. 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. EXHIBIT C MESA STANDARD TERMS AND CONDITIONS Page 32 of 32 43. 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. 44. 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. 45. 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. 46. A.R.S. SECTIONS 1-501 and 1-502. Pursuant to Arizona Revised Statutes Sections 1-501 and 1-502, any person who applies to the City for a local public benefit (the definition of which includes a grant, contract or loan) must demonstrate his or her lawful presence in the United States. As the Agreement is deemed a local public benefit, if Contractor is an individual (natural) person or sole proprietorship, Contractor agrees to sign and submit the necessary documentation to prove compliance with the statutes as applicable. CONTRACT AMENDMENT Rev. July 2017 Contract Title: Information Technology Solutions Contract Number: 2018011 MA Number: 19000009 Amendment Number: Two (2) Description of Change: Contract renewal. Term of contract March 1, 2023 through February 28, 2025. Effective Date of Change: March 1, 2023 Acceptance: On behalf of the undersigned Contractor, I have given careful consideration to this Contract Amendment and hereby agree to the change(s) and except that as amended herein, all provisions of the Contract remain in full force and effect. CDW Government LLC: City of Mesa: Signature Signature Printed Name City Manager Designee ______________________________________ Date Date Reviewed by: Ted Stallings, Procurement Officer II Robert F. Kirby, President 05/25/2022 Page 1 of 2 Information Technology Solutions & Services Executive Summary Lead Agency: City of Mesa, AZ Solicitation: # 2018011 RFP Issued: September 20, 2017 Pre-Proposal Date: October 3, 2017 Response Due Date: October 23, 2017 Proposals Received: 11 Awarded to: The City of Mesa, AZ Department of Procurement issued RFP # 201811 on September 20, 2017, to establish a national cooperative contract for information technology solutions and services. The solicitation included cooperative purchasing language in the SCOPE of WORK, # 2 “NATIONAL CONTRACT REQUIREMENTS: NATIONAL CONTRACT REQUIREMENTS. The City, as the Principal Procurement Agency, as defined in Attachment D, has partnered with the National Intergovernmental Purchasing Alliance Company (“National IPA”) to make the resultant contract (also known as the “Master Agreement” in materials distributed by National IPA) from this solicitation available to other public agencies nationally, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit (“Public Agencies”), through National IPA’s cooperative purchasing program. The City of Mesa is acting as the contracting agency for any other Public Agency that elects to utilize the resulting Master Agreement. Use of the Master Agreement by any Public Agency is preceded by their registration with National IPA as a Participating Public Agency in National IPA’s cooperative purchasing program. Attachment D contains additional information on National IPA and the cooperative purchasing agreement. Notice of the solicitation was sent to potential offerors, as well as advertised in the following: • City of Mesa website • National IPA website • USA Today, nationwide • Arizona Business Gazette, AZ • San Bernardino Sun, CA • Honolulu Star-Advertiser, HI • The Advocate – New Orleans, LA • New Jersey Herald, NJ • Las Vegas Journal Review, LV • Times Union, NY • Daily Journal of Commerce, OR • The State, SC • Deseret News, UT • Richmond Times, VA • Seattle Daily Journal of Commerce, WA • Helena Independent Record, MT Page 2 of 2 On September 20, 2017 proposals were received from the following offerors: • CDW-G • Cloudvara • Connection Public Sector Solutions • Hye Tech • Hypertech • Office Depot • PCMG • POP • SHI International • World Wide Technology • Zones The proposals were evaluated by an evaluation committee. Using the evaluation criteria established in the RFP, the committee elected to enter into negotiations with CDW-G and proceeding with contract award upon successful completion of negotiations. The City of Mesa, AZ, National IPA and CDW-G successfully negotiated a contract and the City of Mesa executed the agreement with a contract effective date of March 1, 2018. Contract includes: A comprehensive product and service offering including desktops, notebooks, servers, software, peripherals, cloud computing, consulting/analysis, design, technical support, leasing/financing, trade- ins, repair, configuration/system configurations, implementation, training, maintenance, installation, system testing, upgrades, and imaging Term: Initial five- year agreement from March 1, 2018 through February 28, 2023 with the option to renew for two (2) additional one-year periods through February 28, 2025. Pricing/Discount: CDW-G offers a percent off catalog pricing by category. Refer to pricing document for complete details. National IPA Web Landing Pages: http://www.nationalipa.org/Pages/Contracts-search.aspx?k=cdwg EXHIBIT B PRICING Page 10 of 32 Item # Product Product / Group Discount Manufacturer Name 1) Group 1 - Systems 1) Desktops 2.10% All 2) Notebooks 2.10% All 3) Tablets 2.25% All 4) Servers (1 Processor, 2 Processor, 4+ Processor, Blade, Tower, Unix, Handhelds, etc.) 4.00% All 2) Group 2 - Input Devices 5) Keyboards 6.75% All 6) Mice 6.75% All 7) Imaging Scanners 3.00% All 8) POS Scanners 3.00% All 9) Pointing Devices 3.50% All 10)Bar Code Readers 4.25% All 11) Audio Input 15.00% All 12) Input Adapters 5.00% All 13) PC and Network Cameras 5.50% All 14) Input Cables 15.00% All 15) Input Accessories 6.75% All 3) Group 3 - Output Devices 16) Displays 3.50% All 17) Printers 3.00% All 18) Inkjet Printers 3.00% All 19) Inkjet Photo Printers 3.00% All 20) Laser Printers 3.00% All 21) Label Printers 4.25% All 22) Dot Matrix Printers 3.00% All 23) Multi-Function Printers 3.00% All 24) Wide Format Printers 3.00% All 25) Multi-Function Inkjet Printers 3.00% All 26) Wide Format Printers 3.00% All 27) Fax Machine Printers 3.00% All 28) Printer Accessories 3.00% All 29) Projectors 3.50% All 30) Projector Accessories 3.50% All 31) Audio Input 15.00% All 32) Video Cards 3.50% All EXHIBIT B PRICING Page 11 of 32 33) Sound Cards 3.50% All 34) Output Accessories 6.75% All 35) Printer Consumables 3.00% All 4) Group 4 - Memory 36) Desktop 13.00% All 37) Flash 5.50% All 38) Networking 13.00% All 39) Notebook 13.00% All 40) Printer / Fax 13.00% All 41) Server 13.00% All 5) Group 5 - Storage Devices 42) Adapters Fiber Channel 5.50% All 43) Adapters FireWire / USB 5.50% All 44) Adapters IDE/ATA/SATA 5.50% All 45) Adapters RAID 5.50% All 46) Adapters SCSI 5.50% All 47) Bridges & Routers 5.50% All 48) Disk Arrays 5.50% All 49) Disk Arrays JBOD 5.50% All 50) Drives Magneto-Optical 5.50% All 51) Drives Removable Disks 5.50% All 52) Fiber Channel Switches 5.50% All 53) Hard Disks - External 5.50% All 54) Hard Disks - Fiber Channel 5.50% All 55) Hard Disks - IDE/ATA/S 5.50% All 56) Hard Disks - Notebook 5.50% All 57) Hard Disks - SCSI 5.50% All 58) Networking Accessories 5.50% All 59) Optical Drives - CD-ROM 5.50% All 60) Optical Drives - CD-RW 5.50% All 61) Optical Drives - DVD-CD 5.50% All 62) Optical Drives - DVD-RW 5.50% All 63) Storage Accessories 5.00% All 64) Storage - NAS 5.00% All 65) Storage - SAN 5.00% All 66) Tape Autoloaders -AIT 5.00% All 67) Tape Autoloaders - DAT 5.00% All 68) Tape Autoloaders - DLT 5.00% All 69) Tape Autoloaders - LTO 5.00% All 70) Tape Drives - 4mm 5.00% All EXHIBIT B PRICING Page 12 of 32 71) Tape Drives - 8mm/VXA 5.00% All 72) Tape Drives - AIT 5.00% All 73) Tape Drives - DAT 5.00% All 74) Tape Drives - DLT 5.00% All 75) Tape Drives - LTO/Ultrium 5.00% All 76) Tape Drives SDLT 5.00% All 77) Tape Drives - Travan 5.00% All 6) Group 6 - Network Equipment 78) 10/100 Hubs & Switches 5.50% All 79) Bridges & Routers 5.50% All 80) Gigabit Hubs & Switches 5.50% All 81) Concentrators & Multiplexers 5.50% All 82) Hardware Firewalls 5.50% All 83) Intrusion Detection 5.50% All 84) KVM 4.00% All 85) Modems 5.50% All 86) Network Test Equipment 5.50% All 87) Network Adapters 5.50% All 88) Network Cables 15.00% All 89) Network Accessories 5.50% All 90) Repeaters & Transceivers 5.50% All 91) Wireless LAN Accessories 5.50% All 92) Token Authentication 5.50% All 93) 10G Fiber Optic Transceivers 5.50% All 94) 1G Fiber Optic Transceivers 5.50% All 7) Group 7 - Software 95) Licensing Packages (e.g. Microsoft) 4.00% All 96) Licensing Backup 4.00% All 97) Licensing Barcode/OC 4.00% All 98) Licensing Business Application 4.00% All 99) Licensing CAD/CAM 4.00% All 100) Licensing - Cloning 4.00% All 101) Licensing - Computer Services 4.00% All 102) Licensee - Database 4.00% All 103) Licensing - Development 4.00% All 104) Licensing - Entertainment 4.00% All 105) Licensing - Financial 4.00% All 106) Licensing - Flow Chart 4.00% All 107) Licensing - Graphic Design 4.00% All 108) Licensing - Handheld 4.00% All EXHIBIT B PRICING Page 13 of 32 109) Licensing - Network OS 4.00% All 110) Licensing - OS 4.00% All 111) Licensing - Personal Organization 4.00% All 112) Licensing - Presentation 4.00% All 113) Licensing - Reference 4.00% All 114) Licensing - Report Analysis 4.00% All 115) Licensing - Spreadsheet 4.00% All 116) Licensing - Utilities 4.00% All 117) Licensing - Warranties 4.00% All 118) Licensing - Web Development 4.00% All 119) Licensing - Word Processing 4.00% All 120) Software - Backup 4.00% All 121) Software - Barcode / OCR 4.00% All 122) Software - Business Application 4.00% All 123) Software - CAD/CAM 4.00% All 124) Software - Cloning 4.00% All 125) Software - Computer Services 4.00% All 126) Software - Database 4.00% All 127) Software - Development 4.00% All 128) Software - Entertainment 4.00% All 129) Software - Financial 4.00% All 130) Software - Flow Chart 4.00% All 131) Software - Graphic Design 4.00% All 132) Software - Handheld 4.00% All 133) Software - OS 4.00% All 134) Software - Personal Organization 4.00% All 135) Software - Presentation 4.00% All 136) Software - Reference 4.00% All 137) Software - Report Analysis 4.00% All 138) Software - Spreadsheet 4.00% All 139) Software - Utilities 4.00% All 140) Software - Warranties 4.00% All 141) Software - Web Development 4.00% All 142) Software - Word Processing 4.00% All 8) Group 8 - Media Supplies 143) Media - 4mm tape 5.50% All 144) Media - AIT tape 5.50% All 145) Media - DAT tape 5.50% All 146) Media - DLT tape 5.50% All EXHIBIT B PRICING Page 14 of 32 147) Media LTO / Ultrium tape drive 5.50% All 148) Media - Magneto - Optical 5.50% All 149) Media - Optical 5.50% All 150) Media - SLR tape 5.50% All 151) Media - Travan tape 5.50% All 152) Media - VXA tape 5.50% All 153) Media - zip 5.50% All 9) Group 9 - Collaboration & IP Telephony 154) IP phones 4.25% All 155) Video conferencing products 4.25% All 156) Voice gateways / servers 4.25% All 157) Headsets 4.25% All 158) Audio conferencing products 4.25% All 159) Analog phones 4.25% All 160) Accessories 4.25% All 10) Group 10 - Other 161) Advanced Integration 3.00% All 162) Asset Disposal 3.00% All 163) Asset Management 3.00% All 164) Cables 15.00% All 165) Cables - custom 15.00% All 166) Cables - printer 15.00% All 167) Complex warranties 3.00% All 168) Desktop Accessories 6.75% All 169) Display Accessories 3.50% All 170) Electronic Services 3.00% All 171) Handheld Accessories 6.75% All 172) Imaging Accessories 6.75% All 173) Imaging - Camcorders 3.50% All 174) Imaging - Digital Cameras 3.50% All 175) Internal Lab Service 3.00% All 176) Lab fees 3.00% All 177) Managed Services 3.00% All 178) Miscellaneous solutions 3.00% All 179) Mounting hardware for vehicles 2.50% All 180) Networking Warranties 3.50% All 181) Notebook Accessories 2.50% All 182) Notebook Batteries 5.00% All 183) PC Lab order services 3.00% All 184) POS Accessories 4.25% All EXHIBIT B PRICING Page 15 of 32 185) POS Displays 4.25% All 186) Power Accessories 5.00% All 187) Power Surge Protection 5.00% All 188) Power UPS 5.00% All 189) Server Accessories 4.00% All 190) Service Charge 2.00% All 191) System Components 13.00% All 192) Training Courses 3.00% All 193) Training Reference Manuals 3.00% All 194) Warranties - Electronic 3.00% All 195) iPAD / Tablet Stylus 6.75% All 196) Mouse / Wrist Pads 6.75% All 197) Security Locks and Hardware 6.75% All 198) Tools 6.75% All 199) Document Scanner Accessories 3.00% All 200) Flatbed Scanners 3.00% All 201) Mobile Scanners 3.00% All 202) Network Scanners 3.00% All 203) Sheet fed Scanners 3.00% All 204) Wide Format Scanners 3.00% All 205) Workgroup / Department Scanner 3.00% All 206) Build to Order Desktops 2.10% All 207) Nettop 3.00% All 208) Point of Sale 4.25% All 209) Ultra Small Form Factor 2.10% All 210) Apple / Mac Memory Upgrades 13.00% All 211) Chips / SIMMs/SIPPs / ROMs 13.00% All 212) Computer Cases 13.00% All 213) CPUs / Fans 13.00% All 214) Memory Accessories 13.00% All 215) Motherboards / Chassis 13.00% All 216) 1 - 2 port Serial Boards 13.00% All 217) 3+ port Serial Boards 13.00% All 218) Console Server 4.00% All 219) Device Server 4.00% All 220) Terminal Server 4.00% All 221) Content Management 4.00% All 222) Firewall / VPN Appliances 5.50% All EXHIBIT B PRICING Page 16 of 32 223) Multifunction Security Appliances 5.50% All 224) Network Camera Accessories 5.50% All 225) Network Cameras 5.50% All 226) Physical/Environmental Security 5.50% All 227) Security Appliance Accessories 5.50% All 228) Security Tokens 5.50% All 229) Unified Threat Management 5.50% All 230) 2-way Radios / Walkie Talkies 6.75% All 231) Apple Notebooks 2.50% All 232) Convertible PCs / Slate PCs / iPAD 2.25% All 233) iPAD 2.25% All 234) Slate Tablet Computers 2.25% All 235) GPS / PDA 6.75% All 236) Wireless Communication Devices 2.50% All 237) Batteries 5.00% All 238) Power Supplies / Adapters 5.00% All 239) Rackmountain Equipment 5.00% All 240) Remote Power Management 5.00% All 241) Surge Suppressors 5.00% All 242) UPS / Battery Backup 5.00% All 243) 14" & smaller LCD Display 3.50% All 244) 15-19" LCD Display 3.50% All 245) 15-19" Wide LCD Display 3.50% All 246) 15-19" Wide LED Display 3.50% All 247) 20-30" LCD Display 3.50% All 248) 20-30" Wide LCD Display 3.50% All 249) 20-30" Wide LED Display 3.50% All 250) PCoIP and Zero Client Displays 3.50% All 251) Arm Mounts 3.50% All 252) Ceiling Mounts 3.50% All 253) Combo Mounts 3.50% All 254) Desktop Stands / Risers 3.50% All 255) Flat Wall Mounts 3.50% All 256) Mount Accessories 3.50% All 257) Pole Display 4.25% All 258) Stands / Carts / Feet 3.50% All 259) Tilt Wall Mounts 3.50% All EXHIBIT B PRICING Page 17 of 32 260) C-Cure Products 4.00% All 261) Istar Products 5.50% All 11) Group 11 - Services SERVICE STANDARD HOURLY RATE DISCOUNT FROM STANDARD RATE Design and Analysis Please see CDW•G's Professional Services Offering below for descriptions of CDW•G's Professional Services. Configuration % Implementation % Installation % Training % Maintenance & Support % CDW Configuration Services 5% 12) Group 12 - Additional Products/Services Not Identified Please see CDW•G's Configuration Services Pricelist below for descriptions and pricing of CDW•G's Configuration Services. Apple Products for eligible Government and Educational Entities 0.50% CDW•G has conformed to the National Pricing structure aligning to National IPA's product taxonomy, however, CDW•G will manage the resultant contract according to CDW•G's Product Tree below, which shall govern all purchases and provides more breadth and a more complete representation of the CDW•G Catalog. All discounts will be applied by product category listed below to CDW•G's Nationally Advertised Pricing which is publicly verifiable at www.cdwg.com. CDW•G Product Tree Categories Discount Accessories 6.75% Power, Cooling & Racks 5.00% Desktop Computers 3.00% PC Compatible Desktop Computer 2.10% PC Compatible Workstation 3.00% Blade PCs 3.00% RISC Processor Workstation 3.00% Thin Clients 3.00% Web TV Access Unit 3.00% EXHIBIT B PRICING Page 18 of 32 Windows Based Terminals 3.00% Data Storage / Drives 5.50% Enterprise Storage 5.00% Point of Sale/Data Capture 4.25% Servers & Server Management 4.00% Services (CDW Delivered) 0.00% Notebook/Mobile Devices 2.50% Notebook Computers 2.10% Notebook Accessories 2.50% Wireless Communication Devices 2.50% Convertible PCs/Slate PCs/iPAD 2.25% Chromebooks 0.00% Netcomm Products 5.50% Gigabit Switch 6.00% Modular Switch Chassis 6.00% Modular Switches 5.50% Carts and Furniture 5.00% Printing & Document Scanning 3.00% Services (3rd Party Delivered) 0.00% Warranties-Product Protection 3.50% Software 4.00% Collaboration Hardware 4.25% Memory/System Components 13.00% Video-Projection-Pro Audio 3.50% Cables 15.00% CDW Configuration Services 5.00% Apple Products for Eligible Entities .50% CDW•G will work with Manufacturers and the City or Participating Agencies, as applicable, post award to ensure they are aware of and participating in special manufacturer programs. CDW•G Account Managers will work with the City or Participating Agencies, as applicable, post award to determine if large orders qualify to receive additional discounts. These discounts are dependent on order size, delivery schedule and will be negotiated with Manufacturers. As Apple's largest Corporate Channel Partner in the U.S., CDW•G has negotiated to offer Apple Products to Eligible Government and Educational Entities at the discount listed above and in the pricing table in this Exhibit B. EXHIBIT B PRICING Page 19 of 32 CDW•G Professional Services Offering Major Metro Service Areas Washington, DC Raleigh Madison New York City Metro Houston Wausau Los Angeles Tampa Milwaukee San Francisco Atlanta Appleton San Diego National Grand Rapids Boston Metro Dallas Indianapolis Chicago Cincinnati Cleveland Federal Detroit Philadelphia Minneapolis Seattle St. Louis/KC Denver Nashville Portland Services apply to both CDW•G executed professional services and services which are sub-contracted through a CDW•G authorized third party provider. Hourly or fixed rates will be negotiated based on the customer, geography, scope of the professional service engagement, and level of engineer required to perform the service. CDW•G will create a Statement of Work (SOW) detailing the exact scoping and pricing of the Services to be provided, which will be executed by CDW•G and the National IPA member prior to the start of Services. Sample SOW is included in our proposal. Expenses (T and E) may be an additional consideration depending on project specifics. Solution Domain Discipline Technology Domain Role Datacenter Storage Data Migration Senior Consulting Engineer EMC Senior Consulting Engineer IBM Senior Consulting Engineer VMWare Senior Consulting Engineer NetApp Senior Consulting Engineer Datacenter Networking & Enterprise Networking Infrastructure & Networking Associate Consulting Engineer Consulting Engineer Senior Consulting Engineer Principal Consulting Engineer Technical Lead Mobility Client Management Client Virtualization Endpoint Management Mobile Device Management Associate Consulting Engineer Consulting Engineer Senior Consulting Engineer Principal Consulting Engineer Technical Lead VDI Citrix Senior Consulting Engineer Security Network Security Network Security Associate Consulting Engineer Consulting Engineer Senior Consulting Engineer Principal Consulting Engineer Technical Lead EXHIBIT B PRICING Page 20 of 32 Security Information Security Information Security Penetration Testing Gap Analysis (HIPAA gap, PCI Gap, NIST) Collaboration Communication Voice, Video Collaboration Associate Consulting Engineer Consulting Engineer Senior Consulting Engineer Principal Consulting Engineer Technical Lead Collaboration Engagement Contact Center Associate Consulting Engineer Consulting Engineer Senior Consulting Engineer Principal Consulting Engineer Technical Lead Collaboration Productivity Information Worker Associate Consulting Engineer Consulting Engineer Senior Consulting Engineer Principal Consulting Engineer Technical Lead Consulting Advisory Services Consulting Advisory Services Consulting Advisory Services CAS_Business_Analyst CAS_Consulting_Services_Architect CAS_Engagement_Manager CAS_Technology_Architect CAS_Business_Architect Project & Program Management Project & Program Management Project & Program Management Project Admin Project Manager Senior Project Manager Program Manager CDW•G Configuration Services Service Group EDC Description Advertised Price Contract Discount Contract Ceiling Price Hardware Configurations and Priority Service Priority 1625768 PRIORITY SERVICE $ 21.99 5% $ 20.89 Hardware 1706188 CDW Hardware Install for Server $ 32.99 5% $ 31.34 Hardware 1706189 CDW Hardware Install for DT-LT $ 17.99 5% $ 17.09 Hardware 1820627 CDW Hardware Install for Netcom $ 22.99 5% $ 21.84 Hardware 3558560 CDW MOBILE DEVICE SIM CARD INSTALL $ 9.99 5% $ 9.49 Hardware 2437037 CDW RACK CONFIG 1 CREDIT $ 82.99 5% $ 78.84 Hardware 3803338 CDW HARDWARE INSTALL FOR PRINTER $ 32.99 5% $ 31.34 Asset Tagging Asset Tags 322170 CDW ASSET TAGS NO INSTALL MAIL ONLY $ 0.98 5% $ 0.93 Asset Tags 338519 CDW ASSET TAG W/O INSTALL $ 9.99 5% $ 9.49 Asset Tags 338521 CUSTOMER ASSET TAG CONFIG SERVICE $ 9.99 5% $ 9.49 Asset Tags 500814 CDW CREATE CUSTOM TAG/LABEL $ 29.99 5% $ 28.49 Asset Tags 500815 BASIC CUSTOM TAG $ 9.99 5% $ 9.49 Asset Tags 500817 INTERMEDIATE CUSTOM TAG $ 17.99 5% $ 17.09 EXHIBIT B PRICING Page 21 of 32 Asset Tags 500818 ADVANCED CUSTOM TAG $ 22.99 5% $ 21.84 Asset Tags 537315 CDW CREATED CUSTOM TAG – MAIL ONLY $ 1.22 5% $ 1.16 Asset Tags 955862 CDWG UID TAG/LABEL $ 9.99 5% $ 9.49 Asset Tags 1095109 CDW RFID TAG $ 61.99 5% $ 58.89 Asset Tags 3465262 BASIC CUSTOM TAG W/BOX DUP TAG $ 10.99 5% $ 10.44 Asset Tags 3465269 CUSTOMER ASSET TAG W/BOX DUP REQ6330 $ 10.99 5% $ 10.44 Asset Tags 4347185 CUSTOMER ASSET TAG W BOX DUP REQ6247 $ 12.99 5% $ 12.34 Asset Tags 3465895 INTERMEDIATE CUSTM TAG W-BOX DUP TAG $ 21.99 5% $ 20.89 Asset Tags 3982815 ADV CUSTOM TAG W/BOX DUP $ 24.99 5% $ 23.74 Configuration Service Bundles Bundle 2342089 CDW HW IMAGE CDW ASSET TAG-REQ1173 $ 45.99 5% $ 43.69 Bundle 2342092 CDW HW IMAGE BASIC CUSTM TAG-REQ1174 $ 52.99 5% $ 50.34 Bundle 2342096 CDW HW IMAG CUSTMR ASSET TAG-REQ1175 $ 52.99 5% $ 50.34 Bundle 2342098 CDW IMAG CSTMR ASSET TAG PRI-REQ1176 $ 46.99 5% $ 44.64 Bundle 2342102 CDW IMAGE CDW ASSET TAG PRI-REQ1177 $ 39.99 5% $ 37.99 Bundle 2342106 CDW HW IMAGE PRIORITY-REQ1178 $ 53.99 5% $ 51.29 Bundle 2423730 CDW HW IMAGE CDW ASSET PRI-REQ1193 $ 53.99 5% $ 51.29 Bundle 2423732 CDW HW IMG BSC CSTM TAG PRI-REQ1194 $ 59.99 5% $ 56.99 Bundle 2423734 CDW HW IMAG CUSTMR ASSET PRI-REQ1195 $ 59.99 5% $ 56.99 Bundle 2426793 CDW IMAGE CUSTMER ASSET TAG-REQ1197 $ 39.99 5% $ 37.99 Bundle 2426795 CDW IMAGE CDW ASSET TAG-REQ1198 $ 32.99 5% $ 31.34 Bundle 2426798 CDW HARDWARE IMAGE DEPLOY-REQ1199 $ 45.99 5% $ 43.69 Bundle 2853723 CDW IMAGE BASIC CUSTOM TAG-REQ1324 $ 39.99 5% $ 37.99 Bundle 2853726 CDW IMAGE BIOS CUSTOMIZATION-REQ1325 $ 39.99 5% $ 37.99 Bundle 3269810 CDW HW IMG INTRM TAG CMPTRAC REQ1901 $ 63.99 5% $ 60.79 Bundle 3327808 CDW LIGHT TOUCH IMAGE DEPLOY W-VPN $ 42.99 5% $ 40.84 Bundle 4008018 LEVEL 1 IOS\ETCH INSERT REQ 5075 $ 39.99 5% $ 37.99 Bundle 4008025 LEVEL 1 IOS\ETCH REQ 5076 $ 33.99 5% $ 32.29 Bundle 4041681 IOS LVL1 & SRVC CUST INSERT REQ5156 $ 28.99 5% $ 27.54 Bundle 4056755 INT CUST TAG&DUP + DATA CAP CONTRACT $ 21.99 5% $ 20.89 Bundle 4086733 CDW LT IMAGE DEPLOY W/VPN&BOX LABEL $ 44.99 5% $ 42.74 Bundle 4171085 COI SPECOPS & PROJECTMANGEMENT R5611 $ 569.99 5% $ 541.49 Diagnostics Diagnostics 214266 CDW BURN IN 12 HOURS $ 21.99 5% $ 20.89 Imaging Imaging 195856 CDW INSTALLING CUSTOM SERVER IMAGE $ 113.99 5% $ 108.29 Imaging 247489 HILL ROM CREATE CUSTOM RESTORE CD $ 49.99 5% $ 47.49 Imaging 266912 CDW APPLE IMAGE DEPLOYMENT $ 32.99 5% $ 31.34 Imaging 283926 CDW MASTER IMAGE CREATION CREDIT $ 183.99 5% $ 174.79 Imaging 379370 CDW INSTALLING CUSTOM PDA IMAGE $ 17.99 5% $ 17.09 Imaging 534223 CDW STANDARD IMAGE DEPLOYMENT DT/NB $ 32.99 5% $ 31.34 Imaging 763587 FLASH DRIVE IMAGING $ 9.99 5% $ 9.49 Imaging 763593 CDW USB RESTORE UPTO 16GB $ 39.99 5% $ 37.99 Imaging 809048 CDW MAINTAIN CUSTOM PC IMAGE-CREDIT $ 31.99 5% $ 30.39 Imaging 1640342 CDW INSTALLING ALTIRIS SERVER IMAGE $ 113.99 5% $ 108.29 Imaging 1926223 CDW TERMINAL IMAGE DEPLOYMENT $ 32.99 5% $ 31.34 Imaging 2691836 CDW ZERO TOUCH IMAGE DEPLOYMENT $ 32.99 5% $ 31.34 Imaging 2798606 CDW IMAGE MODEL MIGRATION CREDIT $ 113.99 5% $ 108.29 EXHIBIT B PRICING Page 22 of 32 Imaging 2869570 CDW USB RESTORE UPTO 32GB $ 52.99 5% $ 50.34 Imaging 3652393 CDW CREATE CUSTOM RECOVERY PARTITION $ 353.99 5% $ 336.29 Imaging 3765107 SERVER RACKING ADV IMAGING SVC $ 219.99 5% $ 208.99 Imaging 3982809 CDW USB RESTORE SVC UPTO 64GB $ 63.99 5% $ 60.79 Imaging 4008336 CHROME WHITE GLOVE SERVICE TIER1 $ 22.93 5% $ 21.78 Imaging 4008354 CHROME WHITE GLOVE SERVICE TIER2 $ 24.93 5% $ 23.68 Imaging 4419882 CHROME UNMANAGED KIOSK APP INSTALL $ 28.92 5% $ 27.47 Imaging 4086723 CDW IMAGE DEPLOY W BOX LABEL REQ6281 $ 33.99 5% $ 32.29 Imaging 4086738 CDW SCCM SRV-ZERO TOUCH W/BOX LABEL $ 33.99 5% $ 32.29 Laser Etching / Color Branding Laser Etching 1461344 CDW LASER ETCHING-TIER 1 STATIC SML $ 11.00 5% $ 10.45 Laser Etching 2815190 CDW LASER ETCHING-TIER 2 STATIC LRG $ 15.00 5% $ 14.25 Laser Etching 2815191 CDW LASER ETCHING-TIER 3 DYNAMIC $ 22.00 5% $ 20.90 Color Branding 3223260 CDW COLOR BRANDING TEMPLATE $ - 5% $ - Color Branding 4100630 CDW COLOR BRANDING TIER 1 $ 15.00 5% $ 14.25 Color Branding 3223250 CDW COLOR BRANDING TIER 2 $ 22.00 5% $ 20.90 Color Branding 3436605 CDW COLOR BRANDING TIER 3 $ 30.00 5% $ 28.50 Mobile Carts Mobile Carts 4466480 CDW CHROMEBOOK WIRE CART CONFIG $ 120.00 5% $ 114.00 Netcom Netcom 311718 CDW NETWORK & SECURITY DEVICE CONFIG $ 40.00 5% $ 38.00 Netcom 1550455 CDW NETWORK & SEC CHASSIS CONFIG BUN $ 100.00 5% $ 95.00 Netcom 1550460 CDW NETWORK & SEC DEVICE CONFIG BUN $ 65.00 5% $ 61.75 Netcom 2394839 CDW NETWORK & SEC CHASSIS CONFIG $ 70.00 5% $ 66.50 Netcom 2432019 CDW VPN DOMAIN JOIN ONLY $ 8.00 5% $ 7.60 Netcom 3628500 CDW VPN DOMAIN JOIN ONLY-PCA $ 8.00 5% $ 7.60 Netcom 3651585 CDW AP/ENDPOINT PROVISIONING $ 30.00 5% $ 28.50 Netcom 4121801 CDW AP/ENDPOINT FIRMWARE UPDATE $ 16.00 5% $ 15.20 Netcom 4219966 CDW CLIENT VPN CONFIGURATION $ 12.00 5% $ 11.40 Other Other 504311 CDW HP ILO ACTIVATION $ 12.00 5% $ 11.40 Other 872360 CDW SYSTEM BIOS/FIRMWARE UPG $ 16.00 5% $ 15.20 Other 1197175 CDW CUSTOM IP CONFIGURATION $ 12.00 5% $ 11.40 Other 1197180 CDW BIOS CUSTOMIZATION $ 5.00 5% $ 4.75 Other 1369901 CDW SRVC CUSTOM ADDED INSERTS $ 5.00 5% $ 4.75 Other 1369904 CDW DDS / COMPUTRACE ACTIVATION $ 5.00 5% $ 4.75 Other 1369905 CDW DATA CAPTURE & TRACKING SRVC $ 5.00 5% $ 4.75 Other 1713539 CDW SPECIAL CONFIG REQ - 1 CREDIT $ 5.00 5% $ 4.75 Other 1713542 CDW SPECIAL CONFIG REQ - 6 CREDITS $ 30.00 5% $ 28.50 Other 1713544 CDW SPECIAL CONFIG REQ - 12 CREDITS $ 60.00 5% $ 57.00 Other 2366694 CDW APPLE IOS CUSTOMIZATION LVL 1 $ 15.00 5% $ 14.25 Other 2366709 CDW APPLE IOS CUSTOMIZATION LVL 2 $ 30.00 5% $ 28.50 Other 2613286 CDW ANDROID CUSTOMIZATION LVL 1 $15.00 5% $ 14.25 Other 2613287 CDW ANDROID CUSTOMIZATION LVL 2 $ 30.00 5% $ 28.50 Other 2671476 CDW SCREEN OVERLAY INSTALL SERVICE $ 8.00 5% $ 7.60 Other 2696504 CDW Hard Drive Data Encryption DT/NB $ 12.00 5% $ 11.40 Other 2828923 CDW SAS RAID Activation $ 12.00 5% $ 11.40 Other 2858009 CDW KINDLE AD REMOVAL REQ1329 $ 30.00 5% $ 28.50 EXHIBIT B PRICING Page 23 of 32 Other 3553290 CDW APPLE ID CREATION $ 5.00 5% $ 4.75 Other 3899153 CDW VPRO BASIC ACTIVATION REQ4717 $ 5.00 5% $ 4.75 Other 4248044 CDW LENOVO IMM ACTIVATION $ 12.00 5% $ 11.40 Other 4176320 CDW ASSET MGMNT UPDATE SVC REQ 5634 $ 1.25 5% $ 1.19 Software Software 76056 CDW APPLICATION INSTALL DT/NB $ 36.00 5% $ 34.20 Software 76980 CDW NETWORK OPERATING SYSTEM INSTALL $ 200.00 5% $ 190.00 Software 346243 CDW STD WINDOWS CLIENT OS INSTALL $ 90.00 5% $ 85.50 Software 931000 CDW NETWORK APPLICATION INSTALL $ 100.00 5% $ 95.00 Software 1197183 CDW APPLICATION UPDATES AND MAINTENANCE $ 22.00 5% $ 20.90 Software 1278296 CDW OEM MFG OS INSTALLATION $ 90.00 5% $ 85.50 Software 1291101 CDW LINUX INSTALLATION OS-ALL VERS $ 120.00 5% $ 114.00 Software 1550439 SUN SOLARIS INSTALLATION – ALL VERSIONS $ 200.00 5% $ 190.00 Software 1550447 VMWARE INSTALLATION – ALL VERSIONS $ 70.00 5% $ 66.50 Software 3803347 CDW SOFTWARE CONFIG FOR PRINTER $ 24.00 5% $ 22.80 Software 3982800 CDW HDD OS SWAP SVC REQ5012 $ 36.00 5% $ 34.20 Configuration Project Management / COI Proj. Mgmt 3110955 CDW CONFIG PROJECT COORD HRLY CREDIT $ 75.00 5% $ 71.25 Proj. Mgmt 4289890 CDW CONFIG PM 150 HRLY CHARGE $ 150.00 5% $ 142.50 Proj. Mgmt 3536706 CDW COI PROJ COORD /OPS COST $ 5,000.00 5% $ 4,750.00 Proj. Mgmt 3543509 CDW CONFIG PROJECT COORD CREDIT/UNIT $ 5.00 5% $ 4.75 Proj. Mgmt 3752290 CDW PROJ MNGMNT CONFIG AP SVC $ 7.00 5% $ 6.65 Proj. Mgmt 4086747 CONFIGS SERVICES PROJ MGMT(PER UNIT) $ 1.00 5% $ 0.95 Proj. Mgmt 4087191 CONFIGS SERVICES PROJ MGMT(PER UNIT) $ 0.50 5% $ 0.48 COI 3268855 CDW CONFIG PROJECT COORD COI SVC $ 300.00 5% $ 285.00 COI 3561536 COI OPS PALLET RECEIVING/PROCESSING $ 480.00 5% $ 456.00 COI 4439488 COI OPS PALLET/MONTH REC/PRO $ 40.00 5% $ 38.00 COI 3659769 CDW COI OPERATIONAL EXPENSE WITH SN $ 10.00 5% $ 9.50 COI 3827583 COI TEMP TAG NO INSTALL E-MAIL $ 10.00 5% $ 9.50 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0681 Agenda Date: 8/18/2022 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 7.12 SUBJECT/RECOMMENDATION: Authorize a purchase order to Applied Industrial Technologies Inc. of Cleveland, OH, for Maintenance, Repair, Operating Supplies, Industrial Supplies and Related Products and Services in the not-to-exceed amount of $40,000.00, beginning August 19, 2022 through December 31, 2022, with the option for four, one-year renewals in an annual not-to-exceed amount of $150,000.00 thereafter, pursuant to Clearwater Code of Ordinances Section 2.563 (1)(c), Piggyback, and authorize the appropriate officials to execute same. (consent) SUMMARY: Public Utilities is requesting authorization to purchase various industrial maintenance, repair and operating items related to our water plants, wastewater plants, lift stations and booster pump stations, piggybacking Maricopa County #16154-RFP with Omnia Partners which expires December 31, 2026. Such items include, but are not limited to, bearings, gear boxes, sleeves, shaft couplings, packing and seal materials, bushings, sprockets, belts, drive chains, pulleys, and other miscellaneous industrial maintenance items. All invoices and quotes will reference the list price along with the discounted price and Public Utilities staff will ensure that they are receiving the correct discounted pricing as outlined in the contract. APPROPRIATION CODE AND AMOUNT: Budgeted funds for FY22 are available in Public Utilities’ cost centers, cost code 550400 Operating Supplies and Materials. Funding for future years will be requested within contract calendar and spending limits. Page 1 City of Clearwater Printed on 8/17/2022 SERIAL 16154-RFP MAINTENANCE, REPAIR, OPERATING SUPPLIES, INDUSTRIAL SUPPLIES, AND RELATED PRODUCTS AND SERVICES (U.S. Communities) Contract - Applied Industrial Technologies Inc. DATE OF LAST REVISION: September 16, 2021 CONTRACT END DATE: December 31, 2026 CONTRACT PERIOD THROUGH DECEMBER 31, 2021 2026 TO: All Departments FROM: Office of Procurement Services SUBJECT: Contract for MAINTENANCE, REPAIR, OPERATING SUPPLIES, INDUSTRIAL SUPPLIES, AND RELATED PRODUCTS AND SERVICES Attached to this letter is published an effective purchasing contract for products and/or services to be supplied to Maricopa County activities as awarded by Maricopa County on January 11, 2017 (Eff. 02/01/17). All purchases of products and/or services listed on the attached pages of this letter are to be obtained from the vendor holding the contract. Individuals are responsible to the vendor for purchases made outside of contracts. The contract period is indicated above. IG/mm Attach Copy to: Office of Procurement Services Beth, Cressman, FMD Sammi Birchard, FMD CONTRACT PURSUANT TO RFP SERIAL 16154-RFP This Contract is entered into this 11th day of January, 2017 by and between Maricopa County (“County”), a political subdivision of the State of Arizona, and Applied Industrial Technologies Inc., an Ohio corporation (“Contractor”) for the purchase of Maintenance Repair and Operating Supplies and Services. 1.0 CONTRACT TERM: 1.1 This Contract is for a term of Five (5) years, beginning on the 1st day of February, 2017 and ending the 31st day of December, 2021 2026. 1.2 The County may, at its option and with the agreement of the Contractor, renew the term of this Contract for additional terms up to a maximum of five (5) additional years, (or at the County’s sole discretion, extend the contract on a month-to-month bases for a maximum of six (6) months after expiration). The County shall notify the Contractor in writing of its intent to extend the Contract term at least sixty (60) calendar days prior to the expiration of the original contract term, or any additional term thereafter. 2.0 FEE ADJUSTMENTS: 2.1 Any request for a fee adjustment must be submitted sixty (60) days prior to the current Contract expiration. Requests for adjustment in cost of labor and/or materials must be supported by appropriate documentation. If County agrees to the adjusted fee, County shall issue written approval of the change. The reasonableness of the request will be determined by comparing the request with the (Consumer Price Index) or by performing a market survey. 3.0 PAYMENTS: 3.1 As consideration for performance of the duties described herein, County shall pay Contractor the prices based on the discounts stated in Exhibit “A.” or Task Order. 3.2 Payment shall be made upon the County’s receipt of a properly completed invoice. 3.3 INVOICES: 3.3.1 The Contractor shall submit one (1) legible copy of their detailed invoice before payment(s) can be made. Incomplete invoices will not be processed. At a minimum, the invoice must provide the following information: • Company name, address and contact • County bill-to name and contact information • Contract Serial Number or • County purchase order number • Invoice number and date • Payment terms • Date of service or delivery • Quantity (number of days or weeks) SERIAL 16154-RFP • Contract Item number(s) • Description of Purchase (product or services) • Pricing per unit of purchase • Freight (if applicable) • Extended price • Mileage w/rate (if applicable) • Arrival and completion time (if applicable) • Total Amount Due 3.3.2 Problems regarding billing or invoicing shall be directed to the using agency as listed on the Purchase Order. 3.3.3 Payment shall be made to the Contractor by Accounts Payable through the Maricopa County Vendor Express Payment Program. This is an Electronic Funds Transfer (EFT) process. After Contract Award the Contractor shall complete the Vendor Registration Form located on the County Department of Finance Vendor Registration Web Site (http://www.maricopa.gov/Finance/Vendors.aspx). 3.3.4 Discounts offered in the contract shall be calculated based on the date a properly completed invoice is received by the County (ROI). 3.3.5 EFT payments to the routing and account numbers designated by the Contractor will include the details on the specific invoices that the payment covers. The Contractor is required to discuss remittance delivery capabilities with their designated financial institution for access to those details. 3.4 PAYMENT RETENTION: (By Task Order/Project if required) 3.4.1 Ten percent (10%) of monies paid for Project Management and Project Labor earned by CONTRACTOR related to work under this agreement shall be retained by COUNTY until Final Completion of the services. COUNTY may elect to release specific retention payments based on mutually agreed milestones, but in no case shall retention be released prior to Final Completion. All other payment terms and conditions shall not be affected by the retention. In the event of termination or cancellation of this contract by County through no fault of CONTRACTOR, CONTRACTOR shall be entitled to the refund of any funds in the retention account. 3.4.2 The CONTRACTOR shall have the right, pursuant to Arizona Revised Statues, to submit securities in lieu of retention for all work completed. The CONTRACTOR is required to request this option at least ten (10) business days prior to submission of first Application for Payment to allow time for preparation of forms. The CONTRACTOR shall request and obtain securities forms through COUNTY. The COUNTY must identify either securities option or retention option prior to first Application for Payment. 3.5 APPLICABLE TAXES: 3.5.1 Payment of Taxes: The Contractor shall pay all applicable taxes. With respect to any installation labor on items that are not attached to real property performed by Contractor under the terms of this Contract, the installation labor cost and the gross receipts for materials provided shall be listed separately on the Contractor’s invoices. 3.5.2 State and Local Transaction Privilege Taxes: Maricopa County is subject to all applicable state and local transaction privilege taxes. To the extent any state and local transaction privilege taxes apply to sales made under the terms of this contract it is the responsibility of the seller to collect and remit all applicable taxes to the proper taxing jurisdiction of authority. 3.5.3 Tax Indemnification: Contractor and all subcontractors shall pay all Federal, state, and local taxes applicable to its operation and any persons employed by the Contractor. SERIAL 16154-RFP Contractor shall, and require all subcontractors to hold Maricopa County harmless from any responsibility for taxes, damages and interest, if applicable, contributions required under Federal, and/or state and local laws and regulations and any other costs including transaction privilege taxes, unemployment compensation insurance, Social Security and Worker’s Compensation. 3.6 TAX: (SERVICES) No tax shall be levied against labor. It is the responsibility of the Contractor to determine any and all taxes and include the same in proposal price. 3.7 TAX (COMMODITIES): Tax shall not be levied against labor. Sales/use tax will be determined by County. Tax will not be used in determining low price. 3.8 STRATEGIC ALLIANCE for VOLUME EXPENDITURES ($AVE): 3.8.1 The County is a member of the $AVE cooperative purchasing group. $AVE includes the State of Arizona, many Phoenix metropolitan area municipalities, and many K-12 unified school districts. Under the $AVE Cooperative Purchasing Agreement, and with the concurrence of the successful Respondent under this solicitation, a member of $AVE may access a contract resulting from a solicitation issued by the County. If you do not want to grant such access to a member of $AVE, please so state in your proposal. In the absence of a statement to the contrary, the County will assume that you do wish to grant access to any contract that may result from this Request for Proposal. 3.9 INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS (ICPA’s) 3.9.1 County currently holds ICPA’s with numerous governmental entities throughout the State of Arizona. These agreements allow those entities, with the approval of the Contractor, to purchase their requirements under the terms and conditions of the County Contract. Please indicate on Attachment A, your acceptance or rejection regarding such participation of other governmental entities. Your response will not be considered as an evaluation factor in awarding a contract 3.10 VOLUNTARY EMPLOYEE DISCOUNTS 3.10.1 Vendors may voluntarily offer discounts to County employees for products or services provided under this contract. Whether a vendor offers or does not offer an employee discount is not a factor in nor considered in the evaluation of responses to this solicitation. 3.10.2 Any discount offered is part of a commercial transaction between the vendor and individual County employees and the County is not a party to the transaction. Any disputes or issues arising from an individual commercial transaction between the vendor and an individual County employee are a matter between the vendor and the employee. If a discount is offered, the terms will be announced to County employees. 4.0 AVAILABILITY OF FUNDS: 4.1 The provisions of this Contract relating to payment for services shall become effective when funds assigned for the purpose of compensating the Contractor as herein provided are actually available to County for disbursement. The County shall be the sole judge and authority in determining the availability of funds under this Contract. County shall keep the Contractor fully informed as to the availability of funds. SERIAL 16154-RFP 4.2 If any action is taken by any state agency, Federal department or any other agency or instrumentality to suspend, decrease, or terminate its fiscal obligations under, or in connection with, this Contract, County may amend, suspend, decrease, or terminate its obligations under, or in connection with, this Contract. In the event of termination, County shall be liable for payment only for services rendered prior to the effective date of the termination, provided that such services are performed in accordance with the provisions of this Contract. County shall give written notice of the effective date of any suspension, amendment, or termination under this Section, at least ten (10) days in advance. 5.0 DUTIES: The Contractor shall perform all duties stated in Exhibit “B”, Task Order or as otherwise directed in writing by the Procurement Officer or USC member. 6.0 TERMS and CONDITIONS: 6.1 INDEMNIFICATION: To the fullest extent permitted by law, and to the extent that claims, damages, losses or expenses are not covered and paid by insurance purchased by the Contractor, the Contractor shall defend indemnify and hold harmless the County (as Owner), its agents, representatives, agents, officers, directors, officials, and employees from and against all claims, damages, losses, and expenses (including, but not limited to attorneys' fees, court costs, expert witness fees, and the costs and attorneys' fees for appellate proceedings) arising out of, or alleged to have resulted from the negligent acts, errors, omissions, or mistakes relating to the performance of this Contract. Contractor's duty to defend, indemnify, and hold harmless the County, its agents, representatives, agents, officers, directors, officials, and employees shall arise in connection with any claim, damage, loss, or expense that is attributable to bodily injury, sickness, disease, death or injury to, impairment of, or destruction of tangible property, including loss of use resulting there from, caused by negligent acts, errors, omissions, or mistakes in the performance of this Contract, but only to the extent caused by the negligent acts or omissions of the Contractor, a subcontractor, any one directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. In no event shall Contractor be liable for indirect, incidental, special or consequential damages. The scope of this indemnification does not extend to the sole negligence of County. 6.2 INSURANCE. 6.2.1 Contractor, at Contractor’s own expense, shall purchase and maintain the herein stipulated minimum insurance from a company or companies duly licensed by the State of Arizona and possessing a current A.M. Best, Inc. rating of B++. In lieu of State of Arizona licensing, the stipulated insurance may be purchased from a company or companies, which are authorized to do business in the State of Arizona, provided that said insurance companies meet the approval of County. The form of any insurance policies and forms must be acceptable to County. 6.2.2 All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Contract is satisfactorily completed and formally accepted. Failure to do so may, at the sole discretion of County, constitute a material breach of this Contract. 6.2.3 Contractor’s insurance shall be primary insurance as respects County, and any insurance or self-insurance maintained by County shall not contribute to it. SERIAL 16154-RFP 6.2.4 Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect the County’s right to coverage afforded under the insurance policies. 6.2.5 The insurance policies may provide coverage that contains deductibles or self-insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to County under such policies. Contractor shall be solely responsible for the deductible and/or self-insured retention and County, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit. 6.2.6 The insurance policies required by this Contract, except Workers’ Compensation and Errors and Omissions, shall name County, its agents, representatives, officers, directors, officials and employees as Additional Insureds. 6.2.7 The policies required hereunder, except Workers’ Compensation and Errors and Omissions, shall contain a waiver of transfer of rights of recovery (subrogation) against County, its agents, representatives, officers, directors, officials and employees for any claims arising out of Contractor’s work or service to the extent of Contractor’s negligence or omissions. 6.2.8 Commercial General Liability. Commercial General Liability insurance and, if necessary, Commercial Umbrella insurance with a limit of not less than $2,000,000 for each occurrence, and $4,000,000 General Aggregate Limit. The policy shall include coverage for premises liability, bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage, and shall not contain any provisions which would serve to limit third party action over claims. There shall be no endorsement or modifications of the CGL limiting the scope of coverage for liability arising from explosion, collapse, or underground property damage. 6.2.9 Automobile Liability. Commercial/Business Automobile Liability insurance and, if necessary, Commercial Umbrella insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to any of the Contractor’s owned, hired, and non-owned vehicles assigned to or used in performance of the Contractor’s work or services or use or maintenance of the Premises under this Contract. 6.2.10 Workers’ Compensation. Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor’s employees engaged in the performance of the work or services under this Contract; and Employer’s Liability insurance of not less than $1,000,000 for each accident, $1,000,000 disease for each employee, and $1,000,000 disease policy limit. Contractor, its contractors and its subcontractors waive all rights against Contract and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the Workers’ Compensation and Employer’s Liability or commercial umbrella liability insurance obtained by Contractor, its contractors and its subcontractors pursuant to this Contract. 6.2.11 Errors and Omissions (Professional Liability) Insurance. Errors and Omissions (Professional Liability) insurance and, if necessary, Commercial Umbrella insurance, which will insure and provide coverage for errors or omissions or SERIAL 16154-RFP professional liability of the CONTRACTOR, with limits of no less than $2,000,000 for each claim. 6.2.12 Builder’s Risk (Property) Insurance. CONTRACTOR shall purchase and maintain, on a replacement cost basis, Builders’ Risk insurance and, if necessary, Commercial Umbrella insurance in the amount of the initial Contract amount as well as subsequent modifications thereto for the entire work at the site. Such Builders’ Risk insurance shall be maintained until final payment has been made or until no person or entity other than COUNTY has an insurable interest in the property required to be covered, whichever is earlier. This insurance shall include interests of COUNTY, CONTRACTOR, and all subcontractors and sub‐subcontractors in the work during the life of the Contract and course of construction, and shall continue until the work is completed and accepted by COUNTY. For new construction projects, CONTRACTOR agrees to assume full responsibility for loss or damage to the work being performed and to the structures under construction. For renovation construction projects, CONTRACTOR agrees to assume responsibility for loss or damage to the work being performed at least up to the full Contract amount, unless otherwise required by the Contract documents or amendments thereto. Builders’ Risk insurance shall be on a special form and shall also cover false work and temporary buildings and shall insure against risk of direct physical loss or damage from external causes including debris removal, demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for architect’s service and expenses required as a result of such insured loss and other “soft costs” as required by the Contract. Builders’ Risk insurance must provide coverage from the time any covered property comes under CONTRACTOR’S control and/or responsibility, and continue without interruption during construction, renovation, or installation, including any time during which the covered property is being transported to the construction installation site, and while on the construction or installation site awaiting installation. The policy will provide coverage while the covered premises or any part thereof are occupied. Builders’ Risk insurance shall be primary and any insurance or self‐insurance maintained by the County is not contributory. If the Contract requires testing of equipment or other similar operations, at the option of COUNTY, CONTRACTOR will be responsible for providing property insurance for these exposures under a Boiler Machinery insurance policy or the Builders’ Risk Insurance policy. 6.2.13 Certificates of Insurance. 6.2.13.1 Prior to Contract AWARD, Contractor shall furnish the County with valid and complete certificates of insurance, or formal endorsements as required by the Contract in the form provided by the County, issued by Contractor’s insurer(s), as evidence that policies providing the required coverage, conditions and limits required by this Contract are in full force and effect. Such certificates shall identify this contract number and title. 6.2.13.2 In the event any insurance policy (ies) required by this contract is (are) written on a “claims made” basis, coverage shall extend for two years past completion and acceptance of Contractor’s work or services and as evidenced by annual Certificates of Insurance. 6.2.13.3 If a policy does expire during the life of the Contract, a renewal certificate must be sent to County fifteen (15) days prior to the expiration date. 6.2.14 Cancellation and Expiration Notice. Applicable to all insurance policies required within the Insurance Requirements of this Contract, Contractor’s insurance shall not be permitted to expire, be suspended, be canceled, or be materially changed for any reason without thirty (30) days prior written notice to Maricopa County. Contractor must provide to Maricopa County, within 2 SERIAL 16154-RFP business days of receipt, if they receive notice of a policy that has been or will be suspended, canceled, materially changed for any reason, has expired, or will be expiring. Such notice shall be sent directly to Maricopa County Office of Procurement Services and shall be mailed or hand delivered to 160 South 4th Avenue 320 West Lincoln Street, Phoenix, AZ 85003, or emailed to Procurement Officer noted in solicitation. 6.3 BOND REQUIREMENT: (If required by Project/Task Order) Concurrently with the submittal of the Contract, the Contractor shall furnish the Contracting Agency the following bonds, which shall become binding upon the award of the contract to the Contractor. 6.3.1 A Performance Bond equal to the full Contract amount ($________or as specified) conditioned upon the faithful performance of the Contract in accordance with plans, specifications and conditions thereof. Such bond shall be solely for the protection of the Contracting Agency awarding the Contract. 6.3.2 A Payment Bond equal to the full contract amount ($________or as specified) solely for the protection of claimants supplying labor and materials to the Contractor or his Subcontractors in the prosecution of the work provided for in such Contract. 6.3.3 Each such bond shall include a provision allowing the prevailing party in a suit on such bond to recover as a part of his judgment such reasonable attorney’s fees as may be fixed by a judge of the court. 6.3.4 Each bond shall be executed by a surety company or companies holding a certificate of authority to transact surety business in the State of Arizona issued by the Director of the Department of Insurance. The bonds shall not be executed by an individual surety or sureties. The bonds shall be made payable and acceptable to the Contracting Agency. The bonds shall be written or countersigned by an authorized representative of the surety who is either a resident of the State of Arizona or whose principal office is maintained in this state, as by law required, and the bonds shall have attached thereto a certified copy of the Power of Attorney of the signing official. In addition, said company or companies shall be rated “Best-A” or better as required by the Contracting Agency, as currently listed in the most recent Best Key Rating Guide, published by the A.M. Best Company. 6.4 FORCE MAJEURE 6.4.1 Neither party shall be liable for failure of performance, nor incur any liability to the other party on account of any loss or damage resulting from any delay or failure to perform all or any part of this Contract if such delay or failure is caused by events, occurrences, or causes beyond the reasonable control and without negligence of the parties. Such events, occurrences, or causes will include Acts of God/Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, riots, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, lockout, blockage, embargo, labor dispute, strike, interruption or failure of electricity or telecommunication service. 6.4.2 Each party, as applicable, shall give the other party notice of its inability to perform and particulars in reasonable detail of the cause of the inability. Each party must use best efforts to remedy the situation and remove, as soon as practicable, the cause of its inability to perform or comply. 6.4.3 The party asserting Force Majeure as a cause for non-performance shall have the burden of proving that reasonable steps were taken to minimize delay or damages caused by foreseeable events, that all non-excused obligations were substantially fulfilled, and that the other party was timely notified of the likelihood or actual occurrence which would justify such an assertion, so that other prudent precautions could be contemplated. SERIAL 16154-RFP 6.4.4 The County shall reserve the right to terminate this Contract and/or any applicable order or contract release purchase order upon non-performance by Contractor. The County shall reserve the right to extend the Contract and time for performance at its discretion. 6.5 WARRANTY OF SERVICES: 6.5.1 If services are provided through a third party, the Contractor warrants that all services provided hereunder will conform to the requirements of the Contract, including all descriptions, specifications and attachments made a part of this Contract to the extent of third party’s warranty. County’s acceptance of services or goods provided by the Contractor shall not relieve the Contractor from its obligations under this warranty. 6.5.2 In addition to its other remedies, County may, at the Contractor's expense, require prompt correction of any services failing to meet the Contractor's warranty herein. Services corrected by the Contractor shall be subject to all the provisions of this Contract in the manner and to the same extent as services originally furnished hereunder. 6.5.3 CONTRACTOR MAKES NO WARRANTY AND ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS ARE HEREBY EXCLUDED. 6.6 INSPECTION OF SERVICES: 6.6.1 The Contractor shall provide and maintain an inspection system acceptable to County covering the services under this Contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to County during contract performance and for as long afterwards as the Contract requires. 6.6.2 County has the right to inspect and test all services called for by the Contract, to the extent practicable at all times and places during the term of the Contract. County shall perform inspections and tests in a manner that will not unduly delay the work. 6.6.3 If any of the services do not conform to Contract requirements, County may require the Contractor to perform the services again in conformity with Contract requirements, at no cost to the County. When the defects in services cannot be corrected by re-performance, County may: 6.6.3.1 Require the Contractor to take necessary action to ensure that future performance conforms to Contract requirements; and 6.6.3.2 Reduce the Contract price to reflect the reduced value of the services performed. 6.6.4 If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with Contract requirements, County may: 6.6.4.1 By Contract or otherwise, perform the services and charge to the Contractor, through direct billing or through payment reduction, any cost incurred by County that is directly related to the performance of such service; or 6.6.4.2 Terminate the Contract for default. 6.7 REQUIREMENTS CONTRACT: Contractors signify their understanding and agreement by signing a bid submittal, that the Contract resulting from the bid is a requirements contract. However, the Contract does not guarantee any minimum or maximum number of purchases will be made. It only indicates that if purchases are made for the materials or services contained in the Contract, they will be purchased from the Contractor awarded that item if the Contractor can meet all the delivery requirements of the County. Orders will only be placed when the County identifies a need and proper authorization and documentation have been approved. SERIAL 16154-RFP County reserves the right to cancel Purchase Orders within a reasonable period of time after issuance. Should a Purchase Order be canceled, the County agrees to reimburse the Contractor for actual and documentable costs incurred by the Contractor in response to the Purchase Order. The County will not reimburse the Contractor for any costs incurred after receipt of County notice of cancellation, or for lost profits, shipment of product prior to issuance of Purchase Order, etc. Contractors agree to accept verbal notification of cancellation of Purchase Orders from the County Procurement Officer with written notification to follow. By submitting a bid in response to this Invitation for Bids, the Contractor specifically acknowledges to be bound by this cancellation policy. 6.8 BACKGROUND CHECK: Contractors need to be aware that there may be multiple background checks (Sheriff’s Office, County Attorney's Office, Courts as well as Maricopa County general government) to determine if the respondents employees are acceptable for the contractor to do business with the County. This applies to (but is not limited to) the company and sub-contractors. Employees or others who fail to pass these checks shall not be allowed to work on County projects. Failure to meet these requirements may lead to termination of the contract. 6.9 SUSPENSION OF WORK The Procurement Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Procurement Officer determines appropriate for the convenience of the County. No adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor. No request for adjustment under this clause shall be granted unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract. 6.10 STOP WORK ORDER The Procurement Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Procurement Officer shall either— 6.10.1 Cancel the stop-work order; or 6.10.2 Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the County, clause of this contract. 6.10.3 The Procurement Officer may make an equitable adjustment in the delivery schedule and/or contract price, or otherwise, and the contract shall be modified, in writing, accordingly, if the Contractor demonstrates that the stop work order resulted in an increase in costs to the Contractor. SERIAL 16154-RFP 6.11 UNCONDITIONAL TERMINATION FOR CONVENIENCE: Maricopa County may terminate the resultant Contract for convenience by providing sixty (60) calendar days advance notice to the Contractor. 6.12 TERMINATION FOR DEFAULT: The County may, by written notice of default to the Contractor, terminate this contract in whole or in part if the Contractor fails to: 6.12.1 Deliver the supplies or to perform the services within the time specified in this contract or any extension; 6.12.2 Make progress, so as to endanger performance of this contract; or 6.12.3 Perform any of the other provisions of this contract. 6.12.4 The County’s right to terminate this contract under these subparagraph may be exercised if the Contractor does not cure such failure within 10 days (or more if authorized in writing by the County) after receipt of the notice from the Procurement Officer specifying the failure. 6.13 STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST: Notice is given that pursuant to A.R.S. § 38-511 the County may cancel any Contract without penalty or further obligation within three years after execution of the contract, if any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the County is at any time while the Contract or any extension of the Contract is in effect, an employee or agent of any other party to the Contract in any capacity or consultant to any other party of the Contract with respect to the subject matter of the Contract. Additionally, pursuant to A.R.S § 38-511 the County may recoup any fee or commission paid or due to any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the County from any other party to the contract arising as the result of the Contract. 6.14 CONTRACTOR LICENSE REQUIREMENT: 6.14.1 The Respondent shall procure all permits, insurance, licenses and pay the charges and fees necessary and incidental to the lawful conduct of his/her business, and as necessary complete any required certification requirements, required by any and all governmental or non-governmental entities as mandated to maintain compliance with and in good standing for all permits and/or licenses. The Respondent shall keep fully informed of existing and future trade or industry requirements, Federal, State and Local laws, ordinances, and regulations which in any manner affect the fulfillment of a Contract and shall comply with the same. Contractor shall immediately notify both Office of Procurement Services and the using agency of any and all changes concerning permits, insurance or licenses. 6.14.2 Respondents furnishing finished products, materials or articles of merchandise that will require installation or attachment as part of the Contract, shall possess any licenses required. A Respondent is not relieved of its obligation to posses the required licenses by subcontracting of the labor portion of the Contract. Respondents are advised to contact the Arizona Registrar of Contractors, Chief of Licensing, at (602) 542-1525 to ascertain licensing requirements for a particular contract. Respondents shall identify which license(s), if any, the Registrar of Contractors requires for performance of the Contract. SERIAL 16154-RFP 6.15 SUBCONTRACTING: 6.15.1 The Contractor may not assign to another Contractor or Subcontract to another party for performance of the terms and conditions hereof without the written consent of the County. All correspondence authorizing subcontracting must reference the Bid Serial Number and identify the job project. 6.15.2 The Subcontractor’s rate for the job shall not exceed that of the Prime Contractor’s rate, as bid in the pricing section, unless the Prime Contractor is willing to absorb any higher rates or the County has approved the increase. The Subcontractor’s invoice shall be invoiced directly to the Prime Contractor, who in turn shall pass-through the costs to the County, without mark-up. A copy of the Subcontractor’s invoice must accompany the Prime Contractor’s invoice. 6.16 AMENDMENTS: All amendments to this Contract shall be in writing and approved/signed by both parties. Maricopa County Office of Procurement Services shall be responsible for approving all amendments for Maricopa County. 6.17 ADDITIONS/DELETIONS OF SERVICE: 6.17.1 The County reserves the right to add and/or delete materials and services to a Contract. If a service requirement is deleted, payment to the Contractor will be reduced proportionately, to the amount of service reduced in accordance with the bid price. If additional materials or services are required from a Contract, prices for such additions will be negotiated between the Contractor and the County. 6.17.2 The County reserves the right of final approval on proposed staff for all Task Orders. Also, upon request by the County, the Contractor will be required to remove any employees working on County projects and substitute personnel based on the discretion of the County within two business days, unless previously approved by the County. 6.18 VALIDITY: The invalidity, in whole or in part, of any provision of this Contract shall not void or affect the validity of any other provision of the Contract. 6.19 SEVERABILITY: The invalidity, in whole or in part, of any provision of this Contract shall not void or affect the validity of any other provision of this Contract. 6.20 RIGHTS IN DATA: The County shall have the use of data and reports resulting from a Contract without additional cost or other restriction except as may be established by law or applicable regulation. Each party shall supply to the other party, upon request, any available information that is relevant to a Contract and to the performance thereunder. 6.21 NON-DISCRIMINATION: CONTRACTOR agrees to comply with all provisions and requirements of Arizona Executive Order 2009-09 including flow down of all provisions and requirements to any subcontractors. Executive Order 2009-09 supersedes Executive order 99-4 and amends Executive order 75-5 and may be viewed and downloaded at the Governor of the State of Arizona’s website http://azmemory.azlibrary.gov/cdm/singleitem/collection/execorders/id/680/rec/1 which is hereby incorporated into this contract as if set forth in full herein. During the performance of this contract, SERIAL 16154-RFP CONTRACTOR shall not discriminate against any employee, client or any other individual in any way because of that person’s age, race, creed, color, religion, sex, disability or national origin. 6.22 ISRAEL BOYCOTT: Per House Bill 2617 Contractor certifies that they are not currently engaged in, and agrees for the duration of the Contract to not engage in, a boycott of Israel. 6.23 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION The undersigned (authorized official signing for the Contractor) certifies to the best of his or her knowledge and belief, that the Contractor is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal Department or agency; have not within 3-year period preceding this Contract been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; are not presently indicted or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and have not within a 3-year period preceding this Contract had one or more public transaction (Federal, State or local) terminated for cause of default. The Contractor agrees to include, without modification, this clause in all lower tier covered transactions (i.e. transactions with subcontractors) and in all solicitations for lower tier covered transactions related to this Contract. 6.23.1 The undersigned (authorized official signing on behalf of the Contractor) certifies to the best of his or her knowledge and belief that the Contractor, its current officers and directors; 6.23.1.1 are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from being awarded any contract or grant by any United States Department or Agency or any state, or local jurisdiction; 6.23.1.2 have not within three (3) year period preceding this Contract; 6.23.1.2.1 been convicted of fraud or any criminal offense in connection with obtaining, attempting to obtain, or as the result of performing a government entity (Federal, State or local) transaction or contract; and 6.23.1.2.2 been convicted of violation of any Federal or State antitrust statues or conviction for embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property regarding a government entity transaction or contract; and 6.23.1.2.3 are not presently indicted or criminally charged by a government entity (Federal, State or local) with commission of any criminal offenses in connection with obtaining, attempting to SERIAL 16154-RFP obtain, or as the result of performing a government entity public (Federal, State or local) transaction or contract; and are not presently facing any civil charges from any governmental entity regarding obtaining, attempting to obtain, or from performing any governmental entity contract or other transaction; and have not within a three (3) year period preceding this Contract had any public transaction (Federal, State or local) terminated for cause or default. 6.23.1.3 If any of the above circumstances described in the paragraph are applicable to the entity submitting a bid for this requirement, include with your bid an explanation of the matter including any final resolution. 6.23.2 The Contractor shall include, without modification, this clause in all lower tier covered transactions (i.e. transactions with subcontractors) and in all solicitations for lower tier covered transactions related to this Contract. 6.24 VERIFICATION REGARDING COMPLIANCE WITH ARIZONA REVISED STATUTES §41-4401 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS: 6.24.1 By entering into the Contract, the Contractor warrants compliance with the Immigration and Nationality Act (INA using e-verify) and all other federal immigration laws and regulations related to the immigration status of its employees and A.R.S. §23-214(A). The contractor shall obtain statements from its subcontractors certifying compliance and shall furnish the statements to the Procurement Officer upon request. These warranties shall remain in effect through the term of the Contract. The Contractor and its subcontractors shall also maintain Employment Eligibility Verification forms (I-9) as required by the Immigration Reform and Control Act of 1986, as amended from time to time, for all employees performing work under the Contract and verify employee compliance using the E-verify system and shall keep a record of the verification for the duration of the employee’s employment or at least three years, whichever is longer. I-9 forms are available for download at USCIS.GOV. 6.24.2 The County retains the legal right to inspect contractor and subcontractor employee documents performing work under this Contract to verify compliance with paragraph 6.24.1 of this Section. Contractor and subcontractor shall be given reasonable notice of the County’s intent to inspect and shall make the documents available at the time and date specified. Should the County suspect or find that the Contractor or any of its subcontractors are not in compliance, the County will consider this a material breach of the contract and may pursue any and all remedies allowed by law, including, but not limited to: suspension of work, termination of the Contract for default, and suspension and/or debarment of the Contractor. All costs necessary to verify compliance are the responsibility of the Contractor. 6.25 INFLUENCE As prescribed in MC1-1203 1202 of the Maricopa County Procurement Code, any effort to influence an employee or agent to breach the Maricopa County Ethical Code of Conduct or any ethical conduct may be grounds for Disbarment or Suspension under MC1-902. An attempt to influence includes, but is not limited to: 6.25.1 A Person offering or providing a gratuity, gift, tip, present, donation, money, entertainment or educational passes or tickets, or any type valuable contribution or subsidy, 6.25.2 That is offered or given with the intent to influence a decision, obtain a contract, garner favorable treatment, or gain favorable consideration of any kind. SERIAL 16154-RFP If a Person attempts to influence any employee or agent of Maricopa County, the Chief Procurement Officer, or his designee, reserves the right to seek any remedy provided by the Maricopa County Procurement Code, any remedy in equity or in the law, or any remedy provided by this contract. 6.26 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS. 6.26.1 The Parties agree that this Contract and employees working on this Contract will be subject to the whistleblower rights and remedies in the pilot program on contractor employee whistleblower protections established at 41 U.S.C. § 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112–239) and section 3.908 of the Federal Acquisition Regulation; 6.26.2 Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. § 4712, as described in section 3.908 of the Federal Acquisition Regulation. Documentation of such employee notification must be kept on file by Contractor and copies provided to County upon request. 6.26.3 Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold ($150,000 as of September 2013). 6.27 UNIFORM ADMINISTRATIVE REQUIREMENTS By entering into this Contract the Contractor agrees to comply with all applicable provisions of Title 2, Subtitle A, Chapter II, PART 200—UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS contained in Title 2 C.F.R. § 200 et seq. 6.28 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR OTHER REVIEW: 6.28.1 In accordance with section MCI 371 of the Maricopa County Procurement Code the Contractor agrees to retain all books, records, accounts, statements, reports, files, and other records and back-up documentation relevant to this Contract for six (6) years after final payment or until after the resolution of any audit questions which could be more than six (6) years, whichever is latest. The County, Federal or State auditors and any other persons duly authorized by the Department shall have full access to, and the right to examine, copy and make use of, any and all said materials. 6.28.2 If the Contractor’s books, records , accounts, statements, reports, files, and other records and back-up documentation relevant to this Contract are not sufficient to support and document that requested services were provided, the Contractor shall reimburse Maricopa County for the services not so adequately supported and documented. 6.28.3 If at any time it is determined by the County that a cost for which payment has been made is a disallowed cost, the County shall notify the Contractor in writing of the disallowance. The course of action to address the disallowance shall be at sole discretion of the County, and may include either an adjustment to future invoices, request for credit, request for a check or deduction from current billings Submitted by the Contractor by the amount of the disallowance, or to require reimbursement forthwith of the disallowed amount by the Contractor by issuing a check payable to Maricopa County. 6.29 AUDIT DISALLOWANCES: If at any time, County determines that a cost for which payment has been made is a disallowed cost, such as overpayment, County shall notify the Contractor in writing of the disallowance. County shall also state the means of correction, which may be but shall not be limited to SERIAL 16154-RFP adjustment of any future claim submitted by the Contractor by the amount of the disallowance, or to require repayment of the disallowed amount by the Contractor. 6.30 OFFSET FOR DAMAGES; In addition to all other remedies at Law or Equity, the County may offset from any money due to the Contractor any amounts Contractor owes to the County for damages resulting from breach or deficiencies in performance of the contract. 6.31 PUBLIC RECORDS: Under Arizona law, all Offers submitted and opened are public records and must be retained by the Records Manager at the Office of Procurement Services. Offers shall be open to public inspection and copying after Contract award and execution, except for such Offers or sections thereof determined to contain proprietary or confidential information. By the Office of Procurement Services. If an Offeror believes that information in its Offer or any resulting Contract should not be released in response to a public record request under Arizona law, the Offeror shall indicate the specific information deemed confidential or proprietary and submit a statement with its offer detailing the reasons that the information should not be disclosed. Such reasons shall include the specific harm or prejudice which may arise from disclosure. The Records Manager of the Office of Procurement Services shall determine whether the identified information is confidential pursuant to the Maricopa County Procurement Code. 6.32 PRICES: Contractor warrants that prices extended to County under this Contract are no higher than those paid by any other customer for these or similar services. 6.33 INTEGRATION: This Contract represents the entire and integrated agreement between the parties and supersedes all prior negotiations, proposals, communications, understandings, representations, or agreements, whether oral or written, express or implied. 6.34 RELATIONSHIPS: 6.34.1 In the performance of the services described herein, the Contractor shall act solely as an independent contractor, and nothing herein or implied herein shall at any time be construed as to create the relationship of employer and employee, co-employee, partnership, principal and agent, or joint venture between the County and the Contractor. 6.34.2 The County reserves the right of final approval on proposed staff for all Task Orders. Also, upon request by the County, the Contractor will be required to remove any employees working on County projects and substitute personnel based on the discretion of the County within two business days, unless previously approved by the County. 6.35 GOVERNING LAW: This Contract shall be governed by the laws of the state of Arizona. Venue for any actions or lawsuits involving this Contract will be in Maricopa County Superior Court or in the United States District Court for the District of Arizona, sitting in Phoenix, Arizona 6.36 ORDER OF PRECEDENCE: In the event of a conflict in the provisions of this Contract and Contractor’s license agreement, if applicable, the terms of this Contract shall prevail. SERIAL 16154-RFP 6.37 CONTRACT COMPLETION The Contractor shall make all reasonable efforts for an orderly transition of its duties and responsibilities to another provider and/or to the County. This may include, but is not limited to preparation of a transition plan and cooperation with the County or other providers in the transition. The transition includes the transfer of all records, and other data in the possession, custody or control of Contractor required to be provided to the County either by the terms of this agreement or as a matter of law. The provisions of this clause shall survive the expiration or termination of this agreement. 6.38 ORDERING AUTHORITY Any request for purchase shall be accompanied by a valid purchase order, issued by Office of Procurement Services, a Purchase Order issued by the using Department or direction by a Certified Agency Procurement Aid (CAPA) with a Purchase Card for payment. 6.39 NO MINIMUM OR MAXIMUM PURCHASE OBLIGATION 6.37.1 This Contract does not guarantee any minimum or maximum purchases will be made. Orders will only be placed under this Contract when the County identifies a need and proper authorization and documentation have been approved. 6.37.2 Contractors agree to accept verbal notification of cancellation of Purchase Orders from the County Procurement Officer with written notification to follow. Contractor specifically acknowledges to be bound by this cancellation policy. 6.40 PURCHASE ORDERS County reserves the right to cancel Purchase Orders within a reasonable period of time after issuance. Should a Purchase Order be canceled, the County agrees to reimburse the Contractor for actual and documentable costs incurred by the Contractor in response to the Purchase Order. The County will not reimburse the Contractor for any costs incurred after receipt of County notice of cancellation, or for lost profits, shipment of product prior to issuance of Purchase Order, etc. 6.41 WRITTEN CERTIFICATION PURSUANT to A.R.S. § 35-393.01 If vendor engages in for-profit activity and has 10 or more employees, and if this agreement has a value of $100,000 or more, vendor certifies it is not currently engaged in, and agrees for the duration of this agreement to not engage in, a boycott of goods or services from Israel. This certification does not apply to a boycott prohibited by 50 U.S.C. § 4842 or a regulation issued pursuant to 50 U.S.C. § 4842. 6.42 CONFIDENTIAL INFORMATION Any information obtained in the course of performing this Contract may include information that is proprietary or confidential to the County. This provision establishes the Contractor’s obligation regarding such information. The Contractor shall establish and maintain procedures and controls that are adequate to assure that no information contained in its records and/or obtained from the County or from others in carrying out its functions (services) under the Contract shall be used by or disclosed by it, its agents, officers, or employees, except as required to efficiently perform duties under the Contract. The Contractor’s procedures and controls at a minimum must be the same procedures and controls it uses to protect its own proprietary or confidential information. If, at any time during the duration of the Contract, the County determines that the procedures and controls in place are not adequate, the Contractor shall institute any new SERIAL 16154-RFP and/or additional measures requested by the County within fifteen (15) calendar days of the written request to do so. Any requests to the Contractor for County proprietary or confidential information s shall be referred to the County for review and approval, prior to any dissemination. 6.43 INCORPORATION OF DOCUMENTS: The following are to be attached to and made part of this Contract: 6.43.1 Exhibit A, Pricing; 6.43.2 Exhibit B, Scope of Work; 6.43.3 Exhibit C Facilities Management Requirements NOTICES: All notices given pursuant to the terms of this Contract shall be addressed to: For County: Maricopa County Office of Procurement Services ATTN: Contract Administration 160 South4th Avenue 320 West Lincoln Street Phoenix, Arizona 85003-2494 For Contractor: APPLIED INDUSTRIAL TECHNOLOGIES INC. 1 APPLIED PLAZA 2251 Network Pl CLEVELAND, OHIO 44115-2193 Chicago, IL 60673 Attn: Dan King SERIAL 16154-RFP SERIAL 16154-RFP EXHIBIT A PRICING SERIAL 16154-RFP NIGP CODE: 45041 RESPONDENT'S NAME: Applied Industrial Technologies, Inc. COUNTY VENDOR NUMBER : W000006778 ADDRESS: 22510 Network Pl 1 Applied Plaza Chicago, IL 60673 Cleveland, Ohio 44115 P.O. ADDRESS: PO Box 6925, Cleveland, Ohio 44115-2193 TELEPHONE NUMBER: 216-426-4400 FACSIMILE NUMBER: 216-373-5567 WEB SITE: Applied.com CONTACT (REPRESENTATIVE): Daniel King REPRESENTATIVE'S E-MAIL ADDRESS: dking@applied.com YES WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM THIS CONTRACT [X] WILL ACCEPT PROCUREMENT CARD FOR PAYMENT: [X] PAYMENT TERMS. [ X ] NET 30 DAYS 1.0 PRICING: Wholesale Catalog Discount By Category Industrial Feb-17 1.19 Category 19 Industrial Products Product Category pricing structure is as follows: EFFECTIVE 06/30/2017 *When the manufacturer list price is unavailable and or the manufacturer list price is inconsistent, Contractor’s pricing methodology will default to a minimum of 10% discount from www.applied.com open site price. Product Category Minimum Discount Off Manufactures List Average Discount Off Manufactures List Bearings 21.50% 46.70% Power Transmission 22.00% 51.70% Safety Products 15.93% 29.90% Industrial Hose, Valves 17.12% 32.30% Hand & Power Tool 12.48% 27% General Industrial Products 15.15% 42.90% Industrial Chemical 17.94% 28.70% Lubrication Products 16.07% 31.70% Pneumatic Products 17.11% 25.40% Hydraulic Products 17.04% 36.70% 1.2 Do you offer a Rebate in lieu of a discount Y Annual volume from $500,000 to $749,999 1.0% of eligible purchases Annual volume $750,000 or greater 1.5% of eligible purchases Note: "Eligible Purchases" are those made at standard contract price without additional SERIAL 16154-RFP discounting. All exceptions must be noted on the quote. 1.3 Industrial Services Service Type Minimum Discount Fluid Power Repair 10.00% Fluid Power Engineering 10.00% Industrial Hose Assembly 10.00% Rubber Fabrication and Service 10.00% Repair and Rebuild Centers 10.00% MaintenancePRO Training 0.00% WARRANTIES: Materials are sold only with such warranties as may be extended by the manufacturer of the product. Services performed by third parties are subject only to those warranties extended by such third parties. APPLIED MAKES NO WARRANTY AND ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS ARE HEREBY EXCLUDED. Buyer is responsible for installation and use in accordance with manufacturer’s instructions. Products are sold for commercial use only and are not intended for use by consumers. APPLIED specifically disclaims all warranties to those defined as consumers under the Magnuson-Moss Act. APPLIED personnel are not authorized to alter this policy Services performed by third parties are subject only to those warranties extended by such third parties. APPLIED MAKES NO WARRANTY AND ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS ARE HEREBY EXCLUDED. Buyer is responsible for installation and use in accordance with manufacturer’s instructions. Products are sold for commercial use only and are not intended for use by consumers. APPLIED specifically disclaims all warranties to those defined as consumers under the Magnuson-Moss Act. APPLIED personnel are not authorized to alter this policy Materials are sold only with such warranties as may be extended by the manufacturer of the product. Services performed by third parties are subject only to those warranties extended by such third parties. APPLIED MAKES NO WARRANTY AND ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS ARE HEREBY EXCLUDED. Buyer is responsible for installation and use in accordance with manufacturer’s instructions. Products are sold for commercial use only and are not intended for use by consumers. APPLIED specifically disclaims all warranties to those defined as consumers under the Magnuson-Moss Act. APPLIED personnel are not authorized to alter this policy. SERIAL 16154-RFP EXHIBIT B SCOPE OF WORK CONTRACT FOR MAINTENANCE, REPAIR, OPERATING SUPPLIES, INDUSTRIAL SUPPLIES, AND RELATED PRODUCTS AND SERVICES (U.S. Communities) 1.0 INTENT: The Contractor shall have a strong national presence for a vast array of supplies and equipment necessary for maintenance and repair in an industrial environments for use by various public entities nationwide. Other governmental entities under agreement with the County may have access to services provided hereunder. The County reserves the right to award in whole or in part, by item or group of items, by section or geographic area, or make multiple awards, where such action serves the County’s best interest. The County reserves the right to add additional contractors, at the County’s sole discretion, in cases where the currently listed contractors are of an insufficient number or skill-set to satisfy the County’s needs or to ensure adequate competition on any project or task order work. 1.1 INTRODUCTION, BACKGROUND AND INTENT: MASTER AGREEMENT Maricopa County, AZ (herein “Lead Public Agency” on behalf of itself and all states, local governments, school districts, and higher education institutions in the United States of America, and other government agencies and nonprofit organizations (herein “Participating Public Agencies”) is soliciting proposals from qualified suppliers to enter into a Master Agreement for a complete line of Maintenance, Repair and Operating (MRO) Supplies and Industrial Supplies in a Retail and Wholesale environment; and Related Products and Services (herein “Products and Services”). 1.2 GENERAL DEFINITION OF PRODUCTS AND/OR SERVICES Contractors are to have the broadest possible selection of INDUSTRIAL SUPPLIES AND RELATED PRODUCTS AND SERVICES they offer. The intent of this contract is to provide Participating Public Agencies with a comprehensive offering of products and services to meet their various needs. 1.2.1 Industrial Supplies and Related Services (Installation, Repair, and Renovation) – A complete and comprehensive offering of Industrial supplies such as bearings, linear technologies, power transmissions, motors, hydraulics, pneumatics, gearing, material handling, conveyor systems, industrial rubber, general maintenance supplies, fluid power and any additional related products and services. In addition, a complete range of services available through Supplier such as, but not limited to, installation, renovation services, repair services, training services and any other related services such as rubber fabrication, vulcanizing, hose fabrication, hydraulic system (design and build) that may be offered by Supplier. Such services may be required for public pools, solid waste transfer sites, water treatment plants, waste water treatment sites, boiler plants, mass transit systems, road maintenance equipment, prisons, hospitals and public agencies. 1.2.2 Related Products and Services (Including Installation, Repair and Renovation Services) – A complete range of related products, excluding janitorial supplies, and services offered by Supplier including, but not limited to, installation, repair and renovation services for replacements, upgrades, and remodeling in the residential, commercial and industrial environments relating to any of the following (non-inclusive): roofing, gutters, downspouts, HVAC, plumbing, electrical, exterior decks, patios and SERIAL 16154-RFP porches, exterior siding, windows and doors, interior and exterior painting, weatherization, ADA improvements, hose fabrication, hydraulic repairs, gearbox repairs, conveyor system repairs, vulcanizing, rubber fabrication, and any other types of residential, commercial and industrial environments. 2.0 SCOPE OF WORK: 2.1 INDUSTRIAL SUPPLIES AND RELATED SERVICES (INSTALLATION, REPAIR, AND RENOVATION): A complete and comprehensive offering of Industrial supplies such as bearings, linear technologies, power transmissions, motors, hydraulics, pneumatics, gearing, material handling, conveyor systems, industrial rubber, general maintenance supplies, fluid power and any additional related products and services. In addition, a complete range of services available through Supplier such as, but not limited to, installation, renovation services, repair services, training services and any other related services such as rubber fabrication, vulcanizing, hose fabrication, hydraulic system (design and build) that may offered by Supplier. Such services may be required for public pools, solid waste transfer sites, water treatment plants, waste water treatment sites, boiler plants, mass transit systems, road maintenance equipment, prisons and hospitals and public agencies. 2.2 RELATED PRODUCTS AND SERVICES (INSTALLATION, REPAIR AND RENOVATION SERVICES): 2.2.1 Any related products offered by Supplier, excluding janitorial supplies. 2.2.2 Services may also include replacements, upgrades, remodeling; and product, turnkey and major category installations. 2.2.3 Services performed shall be non-structural in nature. 2.2.4 Products used in performing these services shall be procured under the awarded contract, at contract prices. 2.2.5 These services may be required in the industrial environment and may be any of the following (non-inclusive): 2.2.5.1 Hose Fabrication 2.2.5.2 Hydraulic Repairs 2.2.5.3 Gearbox Repairs 2.2.5.4 Conveyor System Repairs 2.2.5.5 Vulcanizing 2.2.5.6 Rubber Fabrication 2.2.6 Services: 2.2.6.1 Providing and managing qualified contractors 2.2.6.2 Budget management in keeping projects on budget 2.2.6.3 Project management services in design, planning, organizing, scheduling and managing all stages of a project. 2.2.7 Service Providers (Labor): 2.2.7.1 Contractor shall serve as the single point of contact between Participating Public Agencies and Service Providers. SERIAL 16154-RFP 2.2.7.2 Contractor shall verify that all Service Providers are fully licensed for the type of work being performed in the respective state(s). 2.2.7.3 Contractor shall verify each Service Provider maintains at a minimum, the levels of insurance specified under in draft contract. 2.2.7.4 Contractor shall perform a background screen of all Service Providers consisting of (at a minimum): 2.2.7.4.1 National Employee Database 2.2.7.4.2 SSN Verification 2.2.7.4.3 National Criminal Database Check 2.2.7.4.4 Two County Search 2.2.7.4.5 Sex Offender Search 2.2.7.4.6 Annual Review (National Criminal Database) 2.2.7.4.7 Two (2) Year Complete Re-Screen and Renewal 2.2.7.4.8 Financial Background 2.2.7.5 All Service Provider employees shall wear a Service Provider’s issued picture identification badge at all times. 2.3 PRODUCT CATEGORIES: This Solicitation is to establish a nationwide purchasing agreement for the acquisition of the following products. The category descriptive examples below are not to be considered restrictive, but rather, provide a general, non-inclusive, description of the category. These are standard use in the residential, commercial, and industrial environments. Your firm may not have the ability to provide all categories. All products offered shall be new, unused and of the latest design and technology. The intent is for each Proposer to submit their complete product line so that Participating Public Agencies may order a wide array of product as appropriate for their needs. You may subcontract items your firm does not supply. 2.3.1 CATEGORY 19: INDUSTRIAL PRODUCTS/SERVICES Bearings, motors, fluid sealing, gearing, power transmissions, pumps, hose fabrication, hydraulic repair, gearbox repair, ball bearings, rubber services, conveyor systems, and other industrial products and services. 2.4 PRODUCT ORDERING: 2.4.1 Contractors complete product line (Wholesale or Retail) shall be available for internet ordering 24/7. 2.4.2 Products may be ordered by any of the following methods: Internet Will Call (Phone or FAX order) POS (Point-of-sale) 2.5 PRODUCT PRICING: 2.5.1 Industrial: Pricing on Tier I items shall be a fixed percentage (%) off manufacturer list price by Product Category (see Exhibit A). Pricing on all other items shall be a fixed percentage (%) off Applied Catalog List Price (see Exhibit A). A rebate on gross sales shall be paid annually (see Exhibit A). Manufacturer and Applied Catalog price updates will be SERIAL 16154-RFP allowed once per year. If any purchase is not eligible for the annual rebate it shall be noted on the quote provided to the customer. 2.6 ON-LINE CATALOG DISCOUNT PRICING: Presently, the capability exists to access an on-line catalog reflecting contract pricing of all products. 2.7 RELATED PRODUCTS AND SERVICES (INSTALLATION, REPAIR AND RENOVATION SERVICES) PRICING: 2.7.1 All Participating Public Agencies shall receive a detailed written quotation for all services to be performed and product(s) to be provided. If any purchase is not eligible for the annual rebate it shall be noted on the quote provided to the customer. 2.7.2 All quotations shall be for a “not to exceed” amount. 2.7.3 As an audit tool, the Contractor(s) shall provide a copy of the most current R.S. Means Bare Cost Data (including any city cost index adjustment) pertaining to all written quotations. 2.8 SUPPLIER MANAGED INVENTORY (CONSIGNMENT): Applied Maintenance Supplies and Solutions shall be available in three forms: Vendor Managed Inventory, Customer Managed Inventory, and Vending Solutions. There will be no price associated with MSS services with the exception of Vending Solutions, which will incur a 5% markup over the contracted price. For agencies maintaining a minimum spend of $5,000 per month on vended items, Applied will provide a Helix-type vending machine for the agencies’ use free of cost. For agencies implementing MSS Vending Solutions under this threshold, the monthly rental for the vending machine will be determined with the agency at the time of implementation . Title to and ownership of all vending machine and bins shall be and remain in MSS. Title to and ownership of all products under consignment program shall be and remain in MSS until removed. 2.9 SALES REPORTING: Describe your firm’s ability to provide detailed management reporting by Participating Public Agency. Identify the level(s) (Agency, Division, Department, Individual) of reporting detail available in the following categories: 2.9.1 Sales Dollars 2.9.2 Sales histories by manufacturer, item description, part number, quantity, NIGP codes 2.9.3 Procurement card (MasterCard or Visa brand) 2.10 BRAND NAMES: The County reserves the right to request samples to determine quality and acceptability of materials bid by Contractor. In some cases, brand names have been listed in order to define the desired quality and are not intended to be restrictive or to limit competition. Materials substantially equivalent to those designated shall qualify for consideration. 2.11 DELIVERY, FREIGHT REQUIREMENTS: 2.11.1 All domestic ground shipments shall be FOB Destination, Freight Prepaid and Included. Any handling fees shall also be included in the pricing. 2.11.2 Should a Participating Public Agency determine that rush shipping or other alternate shipping is required, it shall notify the Contractor. The Contractor shall determine any SERIAL 16154-RFP additional costs associated with such delivery terms and communicate that cost to the Participating Public Agency. 2.11.3 The Proposer shall retain control for carrier selection and payment of freight charges of all goods until received by the requesting Participating Public Agency and the contract coverage completed. The Proposer shall also file all claims for visible or concealed damage. The Participating Public Agency will notify the Proposer of any damaged goods and shall assist the Proposer in arranging for inspection of the goods. 2.11.4 Any requests for local delivery of orders placed at local stores shall be subject to local delivery fees, if applicable. 2.11.5 Shipping and handling fees are allowable to destinations outside the continental U.S. 2.11.6 A packing list or other suitable shipping document shall accompany each shipment and shall include the following: 2.11.6.1 Contract Serial number 2.11.6.2 Contractor’s name and address 2.11.6.3 Participating Public Agency’s name and address 2.11.6.4 Participating Public Agency’s purchase order number 2.11.6.5 A description of product(s) shipped, including item number(s), quantity (ies), number of containers and package number(s), as applicable 3.0 PROCUREMENT REQUIREMENTS: 3.1 SHIPPING TERMS: Bid price(s) and terms shall be F.O.B. Destination at ordering Agencies locations. 3.2 OPERATING MANUALS (If required): Upon delivery, Contractor shall provide comprehensive operational manuals, service manuals and schematic diagrams, if required by the Using Agency. 3.3 INSTALLATION: (If required): The Contractor’s price shall include delivery and installation of all equipment in a complete operating condition. 3.4 ACCEPTANCE: (If required): Upon delivery and successful installation, the material(s) shall be deemed accepted and the warranty period shall begin. All documentation shall be completed prior to final acceptance. 3.5 CONTRACTOR EMPLOYEE MANAGEMENT: 3.5.1 Contractor shall endeavor to maintain the personnel proposed in their offer throughout the implementation of the Solution. In the event that Contractor personnel’s employment status changes, Contractor shall provide County a list of proposed candidates with equivalent experience with the Solution. County reserves the right to assist in the selection of the replacement candidate. Under no circumstances is it acceptable for the implementation schedule to be impacted by a personnel change on the part of the Contractor. 3.5.2 Contractor shall not reassign any provided personnel without the express consent of the County. SERIAL 16154-RFP 3.5.3 County reserves the right to immediately remove from its premises any Contractor personnel it determines is a risk to County operations. 3.5.4 County reserves the right to request the replacement of Contractor personnel at any time, for any reason. 3.6 TRAINING: The Contractor shall provide a minimum of TBD (hours or days) to completely train County personnel in the use and care of the equipment. All training is to take place on-site at Maricopa County. 3.7 WARRANTY: 3.7.1 All items furnished under this Contract shall conform to the requirements of this Contract and shall be free from defects in design, materials and workmanship. 3.7.2 The warranty period for workmanship and materials shall be for an initial period of twelve (12) months and commence upon acceptance by County. 3.7.2.1 The Contractor shall indicate on the Price Sheet the duration of the warranty and any applicable limitations or conditions which may apply. 3.7.2.2 The Contractor agrees that he will, at his own expense, provide all labor and parts required to remove, repair or replace, and reinstall any such defective workmanship and/or materials which becomes or is found to be defective during the term of this warranty. The Contractor shall guarantee the equipment to be supplied complies with all applicable regulations. 3.8 MAINTENANCE: (If required): The Contractor shall provide for maintenance under this Contract upon acceptance of materials by the Using Agency. 3.9 FACTORY AUTHORIZED SERVICE AVAILABILITY (if required): The Contractor shall have and maintain a local factory authorized service facility within the Phoenix, Arizona metropolitan area. The facility shall be capable of supplying and installing component parts, troubleshooting, repairing and maintaining the material(s). Minimum service hours shall be from 8:00 A.M. through 5:00 P.M., Arizona Time, Monday through Friday. 3.10 USAGE REPORT: The Contractor shall furnish the County a usage report upon request delineating the acquisition activity governed by the Contract. The format of the report shall be approved by the County and shall disclose the quantity and dollar value of each contract item by individual unit. 3.11 BACKGROUND CHECK: Bidders/proposers need to aware that there may be multiple background checks (Sheriff’s Office, County Attorney's Office, Courts as well as Maricopa County general government) to determine if the respondent is acceptable to do business with the County. This applies to (but is not limited to) the company, sub-contractors and employees and the failure to pass these checks shall deem the respondent non-responsible. SERIAL 16154-RFP EXHIBIT C FACILITIES MANAGEMENT REQUIREMENTS Maricopa County Facilities Management operation requirements. 1.0 HOURS OF SERVICE: 1.1 REGULAR HOURS are between 6:00 AM and 6:00 PM, Monday through Friday, excluding County holidays. 1.2 AFTER HOURS is after 6:00 PM and prior to 6:00 AM, Monday through Friday. 1.3 WEEKENDS are anytime Saturday or, Sunday. 1.4 HOLIDAYS are County Holidays (See County holiday schedule attachment). 1.5 Services shall be available 24 hours per day, 7 days per week, 365 days per year. 1.6 Contractor shall provide 24 hours per day, 7 days per week, 365 days per year telephone access, and respond to a call for services within thirty (30) minutes of receipt. 2.0 RESPONSE TIMES: 2.1 During REGULAR HOURS, AFTER HOURS, WEEKEND or HOLIDAYs, Contractor shall respond on-site within four (4) hours of receipt of a service request. 2.2 If the request is designated by the County as an EMERGENCY, the contractor shall respond on-site within two (2) hours of receipt of a service request regardless of the time of day, WEEKEND or HOLIDAY. 3.0 TRIP CHARGE: Trip charges are permitted when time and material work is requested at the following sites only: 3.1 MCSO Lake Aid Stations (Apache, Bartlett, Blue Point, Canyon and Saguaro) 3.2 County offices located in Gila Bend, AZ 3.3 County offices located in Buckeye, AZ 3.4 County offices located in Aguila, AZ 3.5 Only one trip charge may be charged per service call. 3.6 If the contractor arrives onsite and is unable to locate a County representative familiar with the work or unable to gain access to the work site, the Contractor may only bill for a trip charge (maximum one time daily trip charge not to exceed $50.00). The Contractor is not authorized to incur nor will the County accepting billing for any labor charges. 4.0 CONTRACTOR REQUIREMENTS: 4.1 Contractor(s) shall supply all labor, supervision, materials, tools, equipment, and effort necessary to perform the Scope of Work presented. 4.2 The Contractor’s service truck fleet and/or warehouse shall carry sufficient supply of repair parts and equipment to perform services per Scope of Work presented. SERIAL 16154-RFP 4.3 The Contractor agrees to utilize only experienced, responsible and capable people in the performance of the work. 4.4 All employees of the Contractor shall wear a company uniform identified with the company name consisting of a minimum of one of the following: 4.4.1 Shirt/blouse 4.4.2 Vest 4.4.3 Cap 4.5 No one except authorized employees of the Contractor is allowed on the premises of Maricopa County. Contractor’s employees are NOT to be accompanied in their work area by acquaintances, family members, assistants, or any other person unless said person is an authorized employee of the Contractor. 4.6 The Contractor shall perform the work in a way to minimize disruption to the normal operation of building occupants. Upon completion of work the Contractor shall clean and remove from the job site all debris, materials and equipment associated with the work performed. 4.7 Contractor shall adhere to all regulations, rules, ordinances, and standards set by Federal, State, County, and Municipal governments pertaining to safety on the job site. 5.0 BUILDING SECURITY (KEYS): 5.1 The Contractor may be provided keys to required County Facilities at the discretion of FMD. Keys may be acquired by: 5.2 The Contractor being provided permanent key(s), wherein the Contractor verifies receipt of and accepts responsibility for keys. The keys must be returned at the completion of the work or at the direction of FMD. Keys not returned may cause the County to re-key the ENTIRE building or locations that the set of keys opened with the cost being borne by the Contractor. 5.3 In lieu of or in addition to keys, the Contractor may be provided card access badges at the discretion of FMD. 5.4 The Contractor shall notify FMD within twenty-four (24) hours if any keys are lost, misplaced, stolen or otherwise not within the Contractor’s control. 5.5 Once the Purchase Order is complete, expired, or terminated the Contractor shall immediately return all badges and keys to FMD. 6.0 SALVAGE: Salvage rights shall be evaluated on a project by project basis by the County and shall be determined prior to incorporation in the contractor’s bid price. Salvage rights automatically apply for all work if in the best interest to the County. Salvageable materials without pre-approved contractor salvage rights shall be securely stored and are not to be transported off the site without written permission from Maricopa County. If contractor is given salvage rights, salvageable materials shall be removed daily. No on site storage of contractor’s salvaged materials will be permitted. 7.0 INVOICES AND PAYMENTS: Invoices are required to contain the following information and should be e-mailed to FMD-ACCOUNTSPAYABLE@MAIL.MARICOPA.GOV If invoices cannot be e-mailed, U.S. Mail is acceptable to Maricopa County Facilities Management, Accounts Payable, 401W. Jefferson, Phoenix, Arizona 85003. 7.1 Company name, address and contact information SERIAL 16154-RFP 7.2 County bill-to name and contact/requestor information 7.3 Building Name and Building Number 7.4 County purchase order number 7.5 County contract number 7.6 Maximo (FMD) service call number 7.7 Invoice number and date 7.8 Date of service or delivery 7.9 Description of Purchase (services performed) 7.10 Labor breakdown: rate per hour x no. of hours by personnel type (time & materials) 7.11 Material breakdown: itemized parts list to contain unit price x quantity, indicating mark-ups as contracted (time & materials) 7.12 Arrival and completion time 7.13 Total Amount Due with tax amounts separated. Must also clearly indicate the tax rate being applied 7.14 Payment Terms For Time & Material work, Contractor(s) must provide, all equipment, expendable shop supplies (rags, cleaners, solvents, gasses, etc.), miscellaneous parts (screws, bolts nuts, small items etc.), tools, etc. necessary to perform all the required services. Contractor(s) are allowed a one-time Misc. Shop fee charge of up to $25.00 per work order to cover these type of expenses. Anything beyond the $25 limit, will be provided at the contractor’s own expense. 8.0 CONTRACTOR EMPLOYEE BACKGROUND CHECK: A background check is required for all Contractor employees providing services to the County. The cost of this service shall be incurred by the County. No Contractor employee may access County property without approval of FMD. SERIAL 16154-RFP EXHIBIT C FACILITIES MANAGEMENT REQUIREMENTS 1.0 HOURS OF SERVICE (any fluctuations to these hours will be handled in the Solicitation): 1.1 REGULAR HOURS are between the hours of 6:00 a.m. and 6:00 p.m., Monday through Friday, excluding County holidays. 1.2 AFTER HOURS are between the hours of 6:00 p.m. and prior to 6:00 a.m., Monday through Friday. 1.3 WEEKENDS are anytime on a Saturday or a Sunday. 1.4 HOLIDAYS are County holidays. 1.5 Services shall be available 24 hours per day, 7 days per week, 365 days per year. 1.6 The Facilities Management Parts Warehouse is open for deliveries between the hours of 7:00 a.m. to 3:00 p.m. weekdays except for County holidays. 2.0 BEGINNING OF WORK: 2.1 Contractor shall provide 24 hours per day, 7 days per week, 365 days per year telephone access, and use best efforts to respond to a call for services within thirty (30) minutes of receipt via phone or email. 2.2 During REGULAR HOURS, AFTER HOURS, WEEKEND or HOLIDAYs, Contractor shall strive to respond on-site to begin work within four (4) hours of receipt of a service request unless arranged for a later date/time with the County per the work order or notice to proceed. 2.3 The four (4) hour response time shall carryover to the next working day if called into Contractor’s office as a non-emergency call after 2:00 p.m. The Contractor will be required to begin work by 8:00 a.m. the following day, as mutually agreed to by the Parties. 2.4 Contractors shall strive to respond to EMERGENCY requests immediately and report on-site to begin work within two (2) hours service call request regardless of the time of day, WEEKEND or HOLIDAY. 3.0 TRIP CHARGE: One-time trip charges of $50.00, or other amount only if previously identified to the Maricopa County contact and agreed to by them (one per work order), are permitted when Time and Materials work is requested at the following sites ONLY: 3.1 MCSO Lake Aid Stations (Apache, Bartlett, Blue Point, Canyon and Saguaro) 3.2 County offices located in Gila Bend, AZ 3.3 County offices located in Buckeye, AZ 3.4 County offices located in Aguila, AZ SERIAL 16154-RFP 4.0 DEAD END CHARGE: If the Contractor is unable to locate a County representative familiar with the work or is unable to gain access to the work site, the Contractor shall call the County Boiler Room (602-506-3310). The Boiler Room technician will give Contractors further instruction at this time. If the Contractor is delayed or turned away, a $50.00 trip charge shall be authorized by the County. 5.0 CONTRACTOR REQUIREMENTS: 5.1 Contractor shall provide and maintain during the entire period of this contract, all labor, supervision, materials, effort, tools, and equipment sufficient in number, condition and capacity to efficiently perform the work and render the services required by this contract. Contractor shall provide evidence of his ability to furnish equipment and personnel. The Contractor’s service truck fleet and/or warehouse shall carry sufficient supply of repair parts and equipment to perform services per Scope of Work presented. 5.2 The Contractor shall perform the work in such a way as to minimize disruption to the normal operation of the County site and building occupants. Upon completion of work, the Contractor is responsible for cleaning and removing from the job site; all debris, materials, and equipment associated with the work performed and County property is restored to the same condition prior to start of the job. Such disturbances may include, but are not limited to: loose dirt, dislocated gravel; removed vegetation; footprints; old asphalt/concrete; etc. Documentation will be performed through an audit and feedback system of contract administration. If an inspection reveals that the Contractor failed to clean up after work has been performed, the County will notify the Contractor of the discrepancy and the Contractor will have twenty-four (24) hours to make the needed correction. Should the Contractor fail to correct noted issues, the County reserves the right to make other arrangements to have the area cleaned and the cost of such work shall be offset from any monies due the Contractor. 5.3 The Contractor shall perform all services in such a manner that does not damage County property. In the event damage occurs to Maricopa County property, or any adjacent property due to any services performed under this contract, the Contractor shall notify the County representative immediately of damages and replace or repair the same at no cost to the County. If damage caused by the Contractor has to be repaired or replaced by the County, and the cost of such work shall be deducted from the monies due the Contractor. 5.4 Contractor’s bidding on this solicitation may visit the sites to determine conditions that would affect prices and work performance. As some sites do have internal restrictions, a site visit may be scheduled if necessary. See GIS link for site directions: https://gisportal.maricopa.gov/FMD/Facility/Index.html. 5.5 Contractors must have a facility sufficient to support the work contemplated by this contract within fifty (50) miles of 401 W. Jefferson St., Phoenix AZ 85003. 5.6 The Contractor agrees to utilize only experienced, responsible, and capable people in the performance of the work. 5.7 All vehicles used by Contractor shall be clearly identified with the name of the company on each side of the equipment, including personnel transportation vehicles, or consistent with the Contractor’s business practices. The letters shall be of such size that they are distinguishable from a reasonable distance or consistent with the Contractor’s business practices. 5.8 All employees of the Contractor shall wear a company uniform identified with the company name that may include of one of the following: SERIAL 16154-RFP • Shirt/blouse • Vest • Cap 5.9 Only authorized employees of the Contractor are allowed on the premises of Maricopa County. Contractor’s employees are NOT to be accompanied in their work area by acquaintances, family members, assistants, or any other person unless said person is an authorized employee of the Contractor. 5.10 All work must comply with EPA, OSHA, and any State, County, or local regulations in effect at each service location. Contractor shall adhere to all regulations, rules, ordinances, and standards set by Federal, State, County, and Municipal governments pertaining to safety on the jobsite. If the Contractor is found not to be in compliance with Federal, State, County, and/or Municipal safety rules, ordinances, policy, procedure, or codes, the County may, in accordance with the “Suspension of Work” clause of the contract, suspend the work without cost to the County until such non-compliant issues are rectified to the satisfaction of the Using Agency. Continued non-compliance may result in termination. 6.0 BUILDING ACCESS: 6.1 The Contractor may be provided access to County Facilities at the discretion of Facilities Management. keys, badges, or access cards will be provided per the following guidelines: 6.2 Contractor employees may sign out a set of keys (all looped on a single key ring) upon arrival at site, and must turn-in key set after completion of duties unless they are issued a permanent key. 6.3 Permanent keys may be provided to Contractor employees on a case-by-case basis. Should an employee leave the Contractor’s work force, Contractor must immediately notify the County and keys, badges, and access cards must be returned to the County. 6.4 The Contractor shall notify the County within twenty-four (24) hours if any keys, badges, or access cards are lost, misplaced, stolen or otherwise not within the Contractor’s control. 6.5 Once this agreement is complete, expired, or terminated, the Contractor shall immediately return all keys, badges, or access cards to the County. 6.6 Failure to comply with these requirements may result in the Contractor being assessed the cost of replacing keys or access cards and any associated cost to ensure the security of County facilities including but not limited to, re-keying the ENTIRE building at the expense of the Contractor. 7.0 CANCELLATION COST: Any scheduled work cancelled without a minimum of 48 hours prior notice to the County will be rescheduled with the Contractor and is subject up-to a 25% reduction of the cost. 8.0 SALVAGE: Salvage and trade-in rights shall be evaluated on a project-by-project basis by the County and shall be determined prior to incorporation in the Contractor’s bid price. Salvageable materials without pre-approved Contractor salvage rights shall be securely stored and are not to be transported off the site without written permission from Maricopa County. If Contractor is given salvage rights, SERIAL 16154-RFP salvageable materials shall be removed daily. On-site storage of Contractor’s salvaged materials is not permitted. 9.0 DELIVERY: 9.1 Delivery shall be made to the County no later than 3:00 p.m. on the seventh (7th) calendar day after order is received. 9.2 Exceptions to delivery schedule will be special order items that must be identified to the County. 9.3 Maricopa County reserves the right to obtain material on the open market in the event vendors fail to make delivery and charge any price differential to the vendor. 9.4 Delivery will be made to the following address: FACILITIES MANAGEMENT DIVISION (FMD) WAREHOUSE 2401 S. 28th Dr. Phoenix, AZ 85009 Warehouse Manager: 602-506-1935 Warehouse Specialist: 602-506-1943 Receiving hours: 7:00 a.m. – 3:00 p.m. 10.0 FACILITIES MANAGEMENT INVOICES AND PAYMENTS: 10.1 Payment terms shall be calculated based on the date a properly completed invoice is received by the County. 10.2 For transactions using a Home Depot Net 30 Account, Contractors shall provide the County with invoices no later than fourteen (14) days after all services and delivery of goods are complete and accepted by the County rendered final. 10.3 Home Depot Account invoices should contain access to the following information: • Company name, address and contact information • County bill-to name and contact/requestor information • Building name and building number • County purchase order number • Contract or BidSync agreement number • Maximo (Facilities Management) work order number • Invoice number and date SERIAL 16154-RFP • Date of service or delivery (for Project work: use “Completion date”) • Description of services performed • Line item description of parts and materials (Time and Materials work) • Line item labor breakdown: arrival and completion time, rate per hour x no. of hours by personnel type (Time & Materials work) • Total amount due with tax amounts separated (Time and Materials work). *On a separate line, clearly indicate the tax rate being applied • Payment Terms as stated in the agreement 10.4 Questions regarding billing or invoicing shall be directed to the email address below. 10.5 Invoices shall be e-mailed to: FMD-ACCOUNTSPAYABLE@MAIL.MARICOPA.GOV 10.6 If invoices cannot be e-mailed, send by mail to: Maricopa County Facilities Management – Accounts Payable 401 W. Jefferson St. Phoenix, Arizona 85003 10.7 Payment shall be made to the Contractor by the Accounts Payable/Finance department through an Electronic Funds Transfer (EFT) process. After Contract Award the Contractor shall complete the Contractor Registration Form located on the County Department of Finance Contractor Registration Web Site (http://www.maricopa.gov/922/Vendors). 10.8 EFT payments to the routing and account numbers designated by the Contractor will include the details on the specific invoices that the payment covers. The Contractor is required to discuss remittance delivery capabilities with their designated financial institution for access to those details. SERIAL 16154-RFP SERIAL 16154-RFP SERIAL 16154-RFP APPLIED INDUSTRIAL TECHNOLOGIES INC., 22510 NETWORK PL, CHICAGO, IL 60673 1 APPLIED PLAZA, CLEVELAND, OH 44115-2193 PRICING SHEET: NIGP CODE 45041 Terms: NET 30 Vendor Number: VC0000003401 Certificates of Insurance Required Contract Period: To cover the period ending December 31, 2021 2026. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0798 Agenda Date: 8/18/2022 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 7.13 SUBJECT/RECOMMENDATION: Approve a Purchase Order to Odyssey Manufacturing of Tampa, FL for Removal and Replacement of Sodium Hypochlorite Tanks at the Marshall Street Water Reclamation Facility (WRF) in the amount of $88,500.00, which includes a contingency of $20,000, pursuant to Invitation to Bid (ITB) 21-22 and authorize the appropriate officials to execute same. (consent) SUMMARY: On June 13, 2022, Procurement issued ITB 21-22, Removal and Replacement of Sodium Hypochlorite Tanks and received two responses. Odyssey Manufacturing Co. of Tampa, FL represented the lowest responsive, responsible bidder in accordance with the specifications outlined in the bid. Odyssey Manufacturing Co will be responsible to remove and replace three 2,500-gallon Sodium Hypochlorite bulk chemical tanks, along with associated pipes and appurtenances within the containment area, at the Marshall Street WRF. These tanks are used to store bulk quantities of Sodium Hypochlorite, commonly known as bleach, which is used during the disinfection process in wastewater treatment. The existing tanks are near the end of their useful life. In February 2022, Public Utilities received quotes to remove, dispose and install three tanks at the East WRF in the amount of $49,750.00. With this purchase, the total amount to replace all tanks at the two WRF’s through Odyssey Manufacturing Co will be $138,250.00. APPROPRIATION CODE AND AMOUNT: 3277327-546700-M1905 $88,500.00 Funds are available in capital improvement project M1906 Marshall Street Plant R&R, to fund this project. Page 1 City of Clearwater Printed on 8/17/2022 v. 11.2018 Procurement Division 100 S Myrtle Ave 33756-5520 PO Box 4748 33758-4748 Clearwater FL 727-562-4633 INVITATION TO BID #21-22 Removal & Replacement of Sodium Hypochlorite Tanks June 13, 2022 NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Clearwater (City) until 10:00 A.M., Local Time, July 13, 2022 to provide Removal & Replacement of Sodium Hypochlorite Tanks. Brief Description: The City of Clearwater’s Public Utilities Department is soliciting sealed bids from qualified vendors to remove and replace three (3) Sodium Hypochlorite bulk chemical tanks at the Marshall Street Wastewater Reclamation Facility. Bids must be in accordance with the provisions, specifications and instructions set forth herein and will be received by the Procurement Division until the above noted time, when they will be publicly acknowledged and accepted. Bid packets, any attachments and addenda are available for download at: https://www.myclearwater.com/business/rfp Please read the entire solicitation package and submit the bid in accordance with the instructions. This document (less this invitation and the instructions) and any required response documents, attachments, and submissions will constitute the bid. General, Process or Technical Questions concerning this solicitation should be directed, IN WRITING, to the following Procurement Analyst: Scott Burrows Procurement Analyst Scott.burrows@myclearwater.com This Invitation to Bid is issued by: Lori Vogel, CPPB Procurement Manager lori.vogel@myclearwater.com INSTRUCTIONS Sodium Hypochlorite Tanks 2 ITB #21-22 i.1 VENDOR QUESTIONS: All questions regarding the contents of this solicitation, and solicitation process (including requests for ADA accommodations), shall be directed solely to the contact listed on page 1. Questions should be submitted in writing via letter, fax or email. Questions received less than ten (10) calendar days prior to the due date and time may be answered at the discretion of the City. i.2 ADDENDA/CLARIFICATIONS: Any changes to the specifications will be in the form of an addendum. Addenda are posted on the City website no less than seven (7) days prior to the Due Date. Vendors are cautioned to check the Purchasing Website for addenda and clarifications prior to submitting their bid. The City cannot be held responsible if a vendor fails to receive any addenda issued. The City shall not be responsible for any oral changes to these specifications made by any employees or officer of the City. Failure to acknowledge receipt of an addendum may result in disqualification of a bid. i.3 VENDOR CONFERENCE / SITE VISIT: Yes No Mandatory Attendance: Yes No Date and Time: n/a Location: n/a If so designated above, attendance is mandatory as a condition of submitting a bid. The conference/site visit provides interested parties an opportunity to discuss the City's needs, inspect the site and ask questions. During any site visit you must fully acquaint yourself with the conditions as they exist and the character of the operations to be conducted under the resulting contract. i.4 DUE DATE & TIME FOR SUBMISSION AND OPENING: Date: July 13, 2022 Time: 10:00 A.M. (Local Time) The City will open all bids properly and timely submitted and will record the names and other information specified by law and rule. All bids become the property of the City and will not be returned except in the case of a late submission. Respondent names, as read at the bid opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days from day of opening elapses, whichever occurs earlier, bids are available for inspection by contacting the Procurement Division. i.5 BID FIRM TIME: 90 days from Opening Bid shall remain firm and unaltered after opening for the number of days shown above. The City may accept the bid, subject to successful contract negotiations, at any time during this time. i.6 BID SECURITY: Yes No If so designated above, a bid security in the amount specified must be submitted with the bid. The security may be submitted in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, or cashier's check payable to the City of Clearwater (personal or company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. Such bid security shall be forfeited to the City of Clearwater should the bidder selected fail to execute a contract when requested. PERFORMANCE SECURITY: Yes No If required herein, the Contractor, simultaneously with the execution of the Contract, will be required to furnish a performance security. The security may be submitted in one-year increments and in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, cashier's check or money order payable to the City of Clearwater (personal and company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to INSTRUCTIONS Sodium Hypochlorite Tanks 3 ITB #21-22 the City. If the Contractor fails or refuses to fully comply with the terms and conditions of the contract, the City shall have the right to use all or such part of said security as may be necessary to reimburse the City for loss sustained by reason of such breach. The balance of said security, if any, will be returned to Contractor upon the expiration or termination of the contract. i.7 BID SUBMITTAL TO: It is recommended that bids be submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. Bidders may mail or hand-deliver bids to the address below. E-mail or fax submissions will not be accepted. Use label at the end of this solicitation package. City of Clearwater Attn: Procurement Division 100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520 or PO Box 4748, Clearwater FL 33758-4748 No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a bid that is not properly addressed and identified. i.8 LATE BIDS. The bidder assumes responsibility for having the bid delivered on time at the place specified. All bids received after the date and time specified shall not be considered and will be returned unopened to the bidder. The bidder assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery. You must allow adequate time to accommodate all registration and security screenings at the delivery site. A valid photo I.D. may be required. It shall not be sufficient to show that you mailed or commenced delivery before the due date and time. All times are Clearwater, Florida local times. The bidder agrees to accept the time stamp in the City Procurement Office as the official time. i.9 LOBBYING; LOBBYING NO-CONTACT PERIOD; QUESTIONS REGARDING SOLICITATION. From the time a competitive solicitation is posted until such time as the contract is awarded by the city or the solicitation is cancelled, all bidders, offerors, respondents, including their employees, representatives, and other individuals acting on their behalf, shall be prohibited from lobbying city officers, city employees, and evaluation committee members. Violation of this section may result in rejection/disqualification from award of the contract arising out of the competitive solicitation. All questions regarding the competitive solicitation must be directed to the procurement manager or designee, who will respond in writing and post such response to ensure that all respondents receive the same information during the No-Contact Period. The penalty for violating the No-Contact Period may include suspension or debarment. i.10 COMMENCEMENT OF WORK. If bidder begins any billable work prior to the City’s final approval and execution of the contract, bidder does so at its own risk. i.11 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the solicitation will not excuse any failure to comply with the requirements of the solicitation or any resulting contract, nor shall such failure be a basis for claiming additional compensation. If a vendor suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in any case not later than seven (7) business days in advance of the due date notify the contact on page one (1). The City is not responsible for and will not pay any costs associated with the preparation and submission of the bid. Bidders are cautioned to verify their bids before submission, INSTRUCTIONS Sodium Hypochlorite Tanks 4 ITB #21-22 as amendments to or withdrawal of bids submitted after time specified for opening of bids may not be considered. The City will not be responsible for any bidder errors or omissions. i.12 FORM AND CONTENT OF BIDS. Unless otherwise instructed or allowed, bids shall be submitted on the forms provided. An original and the designated number of copies of each bid are required. Bids, including modifications, must be submitted in ink, typed, or printed form and signed by an authorized representative. Please line through and initial rather than erase changes. If the bid is not properly signed or if any changes are not initialed, it may be considered non-responsive. In the event of a disparity between the unit price and the extended price, the unit price shall prevail unless obviously in error, as determined by the City. The City may require that an electronic copy of the bid be submitted. The bid must provide all information requested and must address all points. The City does not encourage exceptions. The City is not required to grant exceptions and depending on the exception, the City may reject the bid. i.13 SPECIFICATIONS. Technical specifications define the minimum acceptable standard. When the specification calls for “Brand Name or Equal,” the brand name product is acceptable. Alternates will be considered upon demonstrating the other product meets stated specifications and is equivalent to the brand product in terms of quality, performance and desired characteristics. Minor differences that do not affect the suitability of the supply or service for the City’s needs may be accepted. Burden of proof that the product meets the minimum standards or is equal to the brand name, product, is on the bidder. The City reserves the right to reject bids that the City deems unacceptable. i.14 MODIFICATION / WITHDRAWAL OF BID. Written requests to modify or withdraw the bid received by the City prior to the scheduled opening time will be accepted and will be corrected after opening. No oral requests will be allowed. Requests must be addressed and labeled in the same manner as the bid and marked as a MODIFICATION or WITHDRAWAL of the bid. Requests for withdrawal after the bid opening will only be granted upon proof of undue hardship and may result in the forfeiture of any bid security. Any withdrawal after the bid opening shall be allowed solely at the City’s discretion. i.15 DEBARMENT DISCLOSURE. If the vendor submitting this bid has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the bidder shall include a letter with its bid identifying the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating the suspension or debarment. i.16 RESERVATIONS. The City reserves the right to reject any or all bids or any part thereof; to rebid the solicitation; to reject non-responsive or non-responsible bids; to reject unbalanced bids; to reject bids where the terms, prices, and/or awards are conditioned upon another event; to reject individual bids for failure to meet any requirement; to award by item, part or portion of an item, group of items, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any bid. The City may seek clarification of the bid from bidder at any time, and failure to respond is cause for rejection. Submission of a bid confers on bidder no right to an award or to a subsequent contract. The City is charged by its Charter to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditions shall be made solely at the City’s discretion and made to favor the City. No binding contract will exist between the bidder and the City until the City executes a written contract or purchase order. i.17 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a bidder may not be acknowledged or accepted by the City. Award or execution of a contract does not constitute acceptance of a changed term, condition or specification unless specifically acknowledged and agreed to by the City. The copy maintained and published by the City shall be the official solicitation document. i.18 COPYING OF BIDS. Bidder hereby grants the City permission to copy all parts of its bid, including without limitation any documents and/or materials copyrighted by the bidder. The City’s right to INSTRUCTIONS Sodium Hypochlorite Tanks 5 ITB #21-22 copy shall be for internal use in evaluating the proposal. i.19 CONTRACTOR ETHICS. It is the policy of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the Procurement process, including Respondents and Contractors. To achieve the purpose of this Article, it is essential that Respondents and Contractors doing business with the City also observe the ethical standards prescribed herein. It shall be a breach of ethical standards to: a. Exert any effort to influence any City employee or agent to breach the standards of ethical conduct. b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or Services not provided. c. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply with any term, condition, specification or other requirement of a City Contract. i.20 GIFTS. The City will accept no gifts, gratuities or advertising products from bidders or prospective bidders and affiliates. The City may request product samples from vendors for product evaluation. i.21 RIGHT TO PROTEST. Pursuant to Section 2.562(3), Clearwater Code of Ordinances, a bidder who submitted a response to a competitive solicitation and was not selected may appeal the decision through the bid protest procedures, a copy of which shall be available in the Procurement Division. A protesting bidder must include a fee of one percent of the amount of the bid or proposed contract to offset the City’s additional expenses related to the protest. This fee shall not exceed $5,000.00 nor be less than $50.00. Full refund will be provided should the protest be upheld. No partial refunds will be made. ADDRESS PROTESTS TO: City of Clearwater – Procurement Division 100 S Myrtle Ave, 3rd Fl Clearwater FL 33756-5520 or PO Box 4748 Clearwater FL 33758-4748 INSTRUCTIONS – EVALUATION Sodium Hypochlorite Tanks 6 ITB #21-22 i.22 EVALUATION PROCESS. Bids will be reviewed by the Procurement Division and representative(s) of the respective department(s). The City staff may or may not initiate discussions with bidders for clarification purposes. Clarification is not an opportunity to change the bid. Bidders shall not initiate discussions with any City employee or official. i.23 PRESENTATIONS/INTERVIEWS. The bidder must provide a formal presentation/interview upon request. i.24 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of information: responsiveness, responsibility, and price. All bids must meet the following responsiveness and responsibility criteria to be considered further. a) Responsiveness. The City will determine whether the bid complies with the instructions for submitting bids including completeness of bid which encompasses the inclusion of all required attachments and submissions. The City must reject any bids that are submitted late. Failure to meet other requirements may result in rejection. b) Responsibility. The City will determine whether the bidder is one with whom it can or should do business. Factors that the City may evaluate to determine "responsibility" include, but are not limited to: excessively high or low priced bids, past performance, references (including those found outside the bid), compliance with applicable laws-including tax laws, bidder's record of performance and integrity - e.g. has the bidder been delinquent or unfaithful to any contract with the City, whether the bidder is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A bidder must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. City staff may also use Dun & Bradstreet and/or any generally available industry information. The City reserves the right to inspect and review bidder’s facilities, equipment and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection. c) Price. We will then evaluate the bids that have met the requirements above. i.25 COST JUSTIFICATION. In the event only one response is received, the City may require that the bidder submit a cost proposal in sufficient detail for the City to perform a cost/price analysis to determine if the bid price is fair and reasonable. i.26 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Bidder must be prepared for the City to accept the bid as submitted. If bidder fails to sign all documents necessary to successfully execute the final contract within a reasonable time as specified, or negotiations do not result in an acceptable agreement, the City may reject bid or revoke the award, and may begin negotiations with another bidder. Final contract terms must be approved or signed by the appropriately authorized City official(s). No binding contract will exist between the bidder and the City until the City executes a written contract or purchase order. i.27 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to Purchasing’s website. It is the bidder’s responsibility to check the City of Clearwater’s website at https://www.myclearwater.com/business/rfp to view relevant bid information and notices. i.28 BID TIMELINE. Dates are tentative and subject to change. Release ITB: 6/13/22 Advertise Tampa Bay Times: 6/15/22 Bids due: 7/13/22 Review bids: 7/13/22 - 7/20/22 Award recommendation: 7/21/22 Council authorization: 8/18/22 Contract begins: 8/19/22 STANDARD TERMS AND CONDITIONS Sodium Hypochlorite Tanks 7 ITB #21-22 S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: “vendor, contractor, supplier, proposer, company, parties, persons”, “purchase order, PO, contract, agreement”, “city, Clearwater, agency, requestor, parties”, “bid, proposal, response, quote”. S.2 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor’s employees, not City employees. Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers’ compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims. S.3 SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. S.4 ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first receiving the City’s written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event the City will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement. S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. S.6 NO THIRD-PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties. S.7 NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement. S.8 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor. S.9 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations under this Agreement. S.10 COMPLIANCE WITH APPLICABLE LAWS. a. General. Contractor must procure all permits and licenses and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects. Contractor will require a drug-free workplace for all Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Agreement must be notified STANDARD TERMS AND CONDITIONS Sodium Hypochlorite Tanks 8 ITB #21-22 in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties. c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States. (i) As applicable to Contractor, under this provision, Contractor hereby warrants to the City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees (hereinafter “Contractor Immigration Warranty”). (ii) A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City. (iii) The City retains the legal right to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. (iv) The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verification performed. (v) Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act. d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment. Contractor and Contractor’s personnel will comply with applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and applicable rules in performance under this Agreement. S.11 SALES/USE TAX, OTHER TAXES. Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor’s services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required. If any taxing authority should deem Contractor or Contractor employees an employee of the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor’s responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. The City is exempt from paying state and local sales/use taxes and certain federal excise taxes and will furnish an exemption certificate upon request. S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City. STANDARD TERMS AND CONDITIONS Sodium Hypochlorite Tanks 9 ITB #21-22 S.13 OPENNESS OF PROCUREMENT PROCESS. Written competitive proposals, replies, oral presentations, meetings where vendors answer questions, other submissions, correspondence, and all records made thereof, as well as negotiations or meetings where negotiation strategies are discussed, conducted pursuant to this Invitation to Bid (ITB), shall be handled in compliance with Chapters 119 and 286, Florida Statutes. Proposals or replies received by the City pursuant to this ITB are exempt from public disclosure until such time that the City provides notice of an intended decision or until 30 days after opening the proposals, whichever is earlier. If the City rejects all proposals or replies pursuant to this ITB and provides notice of its intent to reissue the ITB, then the rejected proposals or replies remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued ITB or until the City withdraws the reissued ITB. A proposal or reply shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. Oral presentations, meetings where vendors answer questions, or meetings convened by City staff to discuss negotiation strategies, if any, shall be closed to the public (and other proposers) in compliance with Chapter 286 Florida Statutes. A complete recording shall be made of such closed meeting. The recording of, and any records presented at, the exempt meeting shall be available to the public when the City provides notice of an intended decision or until 30 days after opening proposals or final replies, whichever occurs first. If the City rejects all proposals or replies pursuant to this ITB and provides notice of its intent to reissue the ITB, then the recording and any records presented at the exempt meeting remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued ITB or until the City withdraws the reissued ITB. A recording and any records presented at an exempt meeting shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. In addition to all other contract requirements as provided by law, the contractor executing this agreement agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, Rosemarie Call, phone: 727-562-4092 or Rosemarie.Call@myclearwater.com, 600 Cleveland Street, Suite 600, Clearwater, FL 33755. The contractor’s agreement to comply with public records law applies specifically to: a) Keep and maintain public records required by the City of Clearwater (hereinafter “public agency”) to perform the service being provided by the contractor hereunder. b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the STANDARD TERMS AND CONDITIONS Sodium Hypochlorite Tanks 10 ITB #21-22 contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five (5) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor’s place of business or at City offices, as determined by the City. S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City’s information, data, or facilities in accordance with the City’s current background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law. S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and STANDARD TERMS AND CONDITIONS Sodium Hypochlorite Tanks 11 ITB #21-22 including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement. S.17 DEFAULT. a. A party will be in default if that party: (i) is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor’s capability to perform under the Agreement; (ii) is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; (iii) conducts business in an unethical manner or in an illegal manner; or (iv) fails to carry out any term, promise, or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred from participating in City procurements and solicitations in accordance with the City’s Purchasing Policy and Procedures Manual. c. Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non-defaulting party to provide notice of the default does not waive any rights under the Agreement. d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement. S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and costs. c. The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, special, or consequential damages. S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in part or in whole upon thirty (30) calendar days’ written notice. STANDARD TERMS AND CONDITIONS Sodium Hypochlorite Tanks 12 ITB #21-22 S.21 TERMINATION FOR CONFLICT OF INTEREST Florida Statutes Section 112. Pursuant to F.S. Section 112, the City may cancel this Agreement after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor. S.22 TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date. S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final invoice. S.24 NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. S.25 INDEMNIFICATION/LIABILITY. a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the obligations established by this Agreement. b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor-provided supplies or services. S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman-like and professional manner. The City’s acceptance of service or materials provided by Contractor will not relieve Contractor from its obligations under this warranty. If any materials or services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at no additional charge to the City, will provide materials or redo such services until in accordance with this Agreement and to the City’s reasonable satisfaction. Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications. S.27 THE CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City property, and will at the City’s request and expense, furnish to the City reasonable assistance and STANDARD TERMS AND CONDITIONS Sodium Hypochlorite Tanks 13 ITB #21-22 cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery. S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs. S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or publicity without obtaining the prior written consent of the City. S.31 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8, a current or former public officer or employee within the last two (2) years shall not represent another organization before the City on any matter for which the officer or employee was directly concerned and personally participated in during their service or employment or over which they had a substantial or material administrative discretion. S.32 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder. S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees. S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same without suit, trouble or hindrance from Contractor or third parties. S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is obtained against the City’s use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute supplies or services. S.37 CONTRACT ADMINISTRATION. The contract will be administered by the Procurement Administrator and/or an authorized representative from the using department. All questions regarding the contract will be referred to the administrator for resolution. Supplements may be written to the contract for the addition or deletion of services. Payment will be negotiated and determined by the contract administrator(s). STANDARD TERMS AND CONDITIONS Sodium Hypochlorite Tanks 14 ITB #21-22 S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing agreements with other Florida government agencies, including the Tampa Bay Area Purchasing Cooperative. Under a Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies in the State of Florida with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City is not responsible for any disputes arising out of transactions made by others. S.40 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City’s Procurement Division. S.41 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via overnight courier or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof. S.42 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida. The exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Pinellas County, Florida. S.43 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed. S.44 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it. S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. S.46 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination. DETAILED SPECIFICATIONS Sodium Hypochlorite Tanks 15 ITB #21-22 1. INTRODUCTION. The City of Clearwater (City) is a coastal community on the West Coast of Florida and the third largest city in the Tampa Bay region with an estimated 117,800 residents. Clearwater Beach is an international tourist destination that brings millions of tourists to Pinellas County annually and was selected as the “Number One Beach in America” in the 2018 and 2019 TripAdvisor Travelers’ Choice Awards and regularly ranks as a top vacation destination in both domestic and international publications. An ideal year-round destination for travelers of all ages and interests, Clearwater boasts miles of pristine “sugar sand” beaches, provides a wide variety of casual and fine dining options, and is home to Philadelphia Phillies Spring Training and Clearwater Threshers Minor League Baseball. Clearwater Marine Aquarium remains a consistent draw for visitors and is nationally recognized for its groundbreaking work in marine rescue, rehabilitation, and release. The City of Clearwater is committed to ensuring that we have a sustainable city through green measures focusing on our economy, environment, and community. 2. SCOPE OF WORK. The City of Clearwater is soliciting sealed bids from qualified and licensed vendors for the removal, disposal, and installation of three (3) 15% sodium hypochlorite tanks. Installation of new tanks shall include but not limited to tying in all vent lines, fill lines, feed piping and hookup of all ancillary components such as fluid level sensors, visual level indicator, leak detector alarms and tie-downs. The Wastewater Reclamation Facility (WRF) shall remain operational during removal and installation. The tanks shall be installed with the ability to bypass a tank for service while the others remain online. 3. SPECIFICATIONS. The contractor shall provide and perform the following: I. Removal and disposal of three (3) existing sodium hypochlorite tanks, each measuring 113 inches tall, a circumference of 25 feet and one (1) inch, and 94-inch diameter, along with associated pipes and appurtenances within the containment area. II. Supply three (3) 2,500-gallon, double wall tanks for 15% sodium hypochlorite with a specific gravity between 1.190 - 1.215. A. TANK REQUIREMENTS. i. New tanks shall be manufactured by Snyder Industries, Poly Processing Company, or Assmann Corporation of America specifically designated for sodium hypochlorite storage. No substitutions shall be accepted. Tank manufacturer and model, meeting the specifications described herein, shall be listed on the Bid Pricing sheet, page 23. ii. Tanks shall be less than nine feet (9’) in diameter and no more than fifteen feet (15’) in height to ensure proper fit on storage pad. iii. Tanks shall hold 2,500 gallons. iv. Tanks shall feature double wall containment including a wall thickness equal or greater than that required by American Society for Testing and Materials (ASTM) D-1998 standards. v. Tanks shall be capable of 120 miles per hour (MPH) wind load and feature a tie-down assembly in 316 stainless steel with calculations stamped by a Florida Professional Engineer (PE). vi. Tanks shall include a minimum of two inch (2”) dedicated overflow piping system. vii. Tanks shall feature a sight glass with a reverse float level or gallonage indicator. viii. Tank outlets shall include a male titanium two-inch (2”) fitting suitable for 15% Sodium Hypochlorite and be mounted in a flat portion. ix. Tanks shall include a three-inch (3”) venting system with screen. x. Tanks shall include a twenty-four-inch (24”) manway opening with suitable cover. xi. Tanks shall have a two-inch (2”) flanged fill adapter to accommodate existing piping. xii. Tanks shall have a four inch (4”) flanged adapter to accommodate existing level sensor. DETAILED SPECIFICATIONS Sodium Hypochlorite Tanks 16 ITB #21-22 xiii. The color of the tanks shall be natural or opaque white. xiv. The resin used shall be cross-linked polyethylene (XLPE), linear low-density polyethylene (LLDPE) or high-density linear polyethylene (HDLPE). xv. The tanks shall be molded from UV resistant black crosslinked polyethylene. xvi. Tanks and fittings shall adapt to the WRF’s existing piping and chemical feed equipment. B. MATERIAL REQUIREMENTS. i. All fittings and equipment described above shall meet compatibility requirements of Sodium Hypochlorite, 15% strength. ii. All fittings shall adapt to existing piping and chemical feed equipment. iii. All piping shall be Schedule 80 PVC. iv. All metal items within containment area shall be 316 stainless steel. v. All solvent cement connections shall be made in accordance with ASTM D-2855 using primer and Weld-on 724 cement compatible for sodium hypochlorite. vi. All ball valves shall be Asahi Type 21 True Union, with double Viton O-rings, or approved equal. vii. The outlets of the new tanks shall have an Asahi Type-14 diaphragm valve provided by the Contractor. 4. CONTRACTOR RESPONSIBILITIES I. Delivery, storage, handling and installation shall comply with all applicable federal, state, local regulations and manufacturer’s standards. II. Contractor shall have access to and be trained in the proper use of forklift and/or crane when required in/around the sodium hypochlorite storage areas and shall be the sole responsibility of the Contractor. III. Shutdown of any equipment, closing or opening of valves shall be coordinated with the Chief Plant Operator and Maintenance Supervisor at least forty-eight (48) hours in advance of commencing. IV. The work shall be done in such a manner as to maintain continuous disinfection capabilities during the entire scope of the work to be performed. V. Existing level probes shall be removed and re-installed per manufacturers recommendations. VI. Plumbing and fittings shall be selected and installed in a manner that minimizes stress and strain forces at flanged connection ports. All solvent cement connections shall be made in accordance with ASTM D-2855 using primer and weld-on cement compatible for sodium hypochlorite. VII. Contractor shall label new piping with adhesive stickers, supplied by the Contractor, reflecting “Sodium Hypochlorite” with arrows, and new tanks with appropriate National Fire Protection Association (NFPA) placards. VIII. The Contractor shall provide a minimum warranty for three (3) years on parts and labor for the new tanks and a minimum warranty for one (1) year on parts and labor for the installation work. IX. The Contractor shall remove, haul away and properly dispose of the existing tanks after disconnection and provide proper disposal paperwork as required by the Florida Department of Environmental Protection (FDEP). X. Hydro-Testing: All tanks shall be filled with water and allowed to stand for twenty-four (24) hours continuously prior to acceptance by the City. Defective tanks and/or parts shall be replaced with new material at no additional cost to the City during the warranty period. XI. The Contractor shall restore/repair all disturbed areas to their original condition at no additional cost to the City. 5. CITY RESPONSIBILITIES. I. Delivery and refilling of sodium hypochlorite to fill the bulk tanks as needed during the DETAILED SPECIFICATIONS Sodium Hypochlorite Tanks 17 ITB #21-22 construction period. II. Coordinating deliveries of other chemicals to minimize interference with Contractor’s work area. III. The City or its authorized Agent shall have the right to inspect the Contractors work at any time during the term of this contract. IV. The City will provide contact information for primary and secondary contact persons at time of award. V. The City will be responsible for any permitting. 6. TIMELINE & DELAYS. From the date of Notice to Proceed, a maximum of one hundred twenty (120) calendar days shall be allowed for material delivery prior to the start of construction. This time allowance can be adjusted by mutual written consent of City and Contractor based on the written date of material shipment from the tank manufacturer. Construction work shall be limited to the thirty (30) calendar days, inclusive of the required seven (7) day period between removal and installation: 7. MINIMUM QUALIFICATIONS. Contractor shall be licensed by the State of Florida and Pinellas County and shall have at least five (5) years of prior experience in supplying Sodium Hypochlorite systems of similar type. 8. SUBMITTALS. Contractors shall include all necessary documents listed below with their bid submittals. I. Contractor shall provide a minimum of three (3) customer references, within the last five (5) years, where the proposed products have been installed in a similar product sodium hypochlorite application, preferably governmental. II. Technical literature for the proposed tanks, showing dimensions as assembled, materials testing and specification certifications. III. Provide warranty from tank manufacturer to cover, at minimum, defects in material, workmanship, and effective lifespan under typical conditions in Florida. Warranty shall at minimum cover three (3) year parts and labor warranty on the tanks, and a minimum one (1) year parts and labor warranty on the work. IV. A copy of either the Contractor’s State of Florida General Contractor’s License or Plumbing Contractor License. A copy of the Contractor’s Pinellas County License is also required. 9. DELIVERY. Delivery shall be made to the location indicated no later than one hundred twenty (120) days after Notice to Proceed, unless otherwise agreed upon by the City. Delivery hours are from 8:00 A.M. to 3:00 P.M.; Monday through Friday. The Contractor is responsible for arranging for storage, delivery and unloading of storage tanks at the site. Delivery Address: City of Clearwater Marshall Street WRF 1605 Harbor Drive Clearwater, FL 33755 DETAILED SPECIFICATIONS Sodium Hypochlorite Tanks 18 ITB #21-22 10. INSURANCE REQUIREMENTS. The Vendor shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically, the Vendor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Unless waived by the State of Florida and proof of waiver is provided to the City, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $500,000 (five hundred thousand dollars) each employee each accident, $500,000 (five hundred thousand dollars) each employee by disease, and $500,000 (five hundred thousand dollars) disease policy limit. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. d. Professional Liability Insurance coverage appropriate for the type of business engaged in by the Contractor with minimum limits of $1,000,000 (one million dollars) per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (ERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. e. Pollution Liability Insurance coverage, which covers any and all losses caused by pollution conditions (including sudden and non-sudden pollution conditions) arising from the servicing and operations of Vendor (and any subcontractors, representatives, or agents) involved in the work/transport, in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. Other Insurance Provisions. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Vendor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured” on the Commercial General Liability DETAILED SPECIFICATIONS Sodium Hypochlorite Tanks 19 ITB #21-22 Insurance and Auto Liability policies. In addition, when requested in writing from the City, Vendor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Procurement Division, ITB #21-22 P.O. Box 4748 Clearwater, FL 33758-4748 b. Vendor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. Vendor’s insurance as outlined above shall be primary and non-contributory coverage for Vendor’s negligence. d. Vendor reserves the right to appoint legal counsel to provide for the Vendor’s defense, for any and all claims that may arise related to Agreement, work performed under this 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 Sodium Hypochlorite Tanks 20 ITB #21-22 1. BEGINNING AND END DATE OF INITIAL TERM. August 2022 – August 2023 If the commencement of performance is delayed because the City does not execute the contract on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution. 2. EXTENSION. The City reserves the right to extend the term of this contract, provided however, that the City shall give written notice of its intentions to extend this contract no later than thirty (30) days prior to the expiration date of the contract. 3. PRICES. All pricing shall be firm for the duration of the contract; 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. BID SUBMISSION Sodium Hypochlorite Tanks 21 ITB #21-22 1. BID SUBMISSION. It is recommended that bids be submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. For bids mailed and/or hand-delivered, bidder must submit one (1) signed original bid and one (1) electronic format on a CD or Thumb Drive, in a sealed container using label provided at the end of this solicitation. 2. BIDDER RESPONSE CHECKLIST. This checklist is provided for your convenience. It is not necessary to return a copy of this solicitation’s Instructions, Terms and Conditions, or Detailed Specifications with your bid response. Only submit the requested forms and any other requested or descriptive literature. Original and proper number of copies with electronic format (if requested) Bid container properly labeled Bid pricing form Exceptions/Additional Materials/Addenda form Vendor Information form Scrutinized Companies form(s) as required E-Verify Eligibility form as required Offer Certification form A minimum of three (3) customer references, within the last five (5) years, where the proposed products have been installed in a similar product sodium hypochlorite application Technical literature for the proposed tanks, showing dimensions as assembled, materials testing and specification certifications. Provide warranty from tank manufacturer to cover, at minimum, defects in material, workmanship, and effective lifespan under typical conditions in Florida A copy of either the Contractor’s State of Florida General Contractor’s License or Plumbing Contractor License and a copy of the Contractor’s Pinellas County License W-9 Form to be provided by Bidder (http://www.irs.gov/pub/irs-pdf/fw9.pdf) BID PRICING Sodium Hypochlorite Tanks 22 ITB #21-22 Pursuant to the contract specifications enumerated and described in this solicitation, we agree to furnish the Removal & Replacement of Sodium Hypochlorite Tanks to the City of Clearwater at the price(s) stated below. Vendor must include the make and model of the tanks they’re intending to supply. Failure to do so below will deem the Vendor non-responsive. Make and model of tanks: _____________________________________________________________ ITEM # DESCRIPTION TOTAL PRICE 1 Cost to furnish and install three (3) 2,500-gallon vertical storage tanks for 15% sodium hypochlorite (bleach) in accordance with the specifications listed in this solicitation. Pricing shall also include the cost for supplies, materials, professional equipment, vehicles, tools and supervision necessary to complete the removal and disposal of existing tanks $ DELIVERY REQUIREMENTS FOB: Destination, Freight Prepaid and Allowed Freight Costs: Unit prices should include all freight and transportation charges PAYMENT TERMS: City of Clearwater’s standard payment terms are NET30 Vendor: _________________________________________ Date: _______________________________ EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA Sodium Hypochlorite Tanks 23 ITB #21-22 Bidders shall indicate any and all exceptions taken to the provisions or specifications in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): Note – Any material exceptions taken to the City’s Standard Terms and Conditions will render a Bid Non-responsive. No exceptions Exceptions taken (describe--attach additional pages if needed) Additional Materials submitted (mark one): No additional materials have been included with this bid Additional Materials attached (describe--attach additional pages if needed) Addenda Bidders are responsible for verifying receipt of any addenda issued by checking the City’s website at http://www.myclearwater.com/business/bid-information/ prior to the bid opening. Failure to acknowledge any addenda issued may result in a response being deemed non-responsive. Acknowledgement of Receipt of Addenda (initial for each addenda received, if applicable): Addenda Number Initial to acknowledge receipt Vendor Name ____ Date: ____ VENDOR INFORMATION Sodium Hypochlorite Tanks 24 ITB #21-22 Company Legal/Corporate Name: Doing Business As (if different than above): Address: City: State: Zip: - Phone: Fax: E-Mail Address: Website: DUNS # Remit to Address (if different than above): Order from Address (if different from above): Address: Address: City: State: Zip: City: State: Zip: Contact for Questions about this bid: Name: Fax: Phone: E-Mail Address: Day-to-Day Project Contact (if awarded): Name: Fax: Phone: E-Mail Address: Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: Provide supporting documentation for your certification, if applicable. SCRUTINIZED COMPANIES FORM Sodium Hypochlorite Tanks 25 ITB #21-22 SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 3. “Boycott Israel” or “boycott of Israel” means refusing to deal, terminating business activities, or taking other actions to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli-controlled territories, in a discriminatory manner. A statement by a company that it is participating in a boycott of Israel, or that it has initiated a boycott in response to a request for a boycott of Israel or in compliance with, or in furtherance of, calls for a boycott of Israel, may be considered as evidence that a company is participating in a boycott of Israel; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by ______________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. ______________________________________ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE SCRUTINIZED COMPANIES FORM Sodium Hypochlorite Tanks 26 ITB #21-22 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM IF YOUR BID/PROPOSAL IS $1,000,000 OR MORE, THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaging in business operations in Cuba and Syria; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria; and 3. Business Operations means, for purposes specifically related to Cuba or Syria, engaging in commerce in any form in Cuba or Syria, including, but not limited to, acquiring, developing, maintaining, owning, selling, possessing, leasing or operating equipment, facilities, personnel, products, services, personal property, real property, military equipment, or any other apparatus of business or commerce; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by _______________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. ______________________________________ _ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE E-VERIFY ELIGIBILITY FORM Sodium Hypochlorite Tanks 27 ITB #21-22 VERIFICATION OF EMPLOYMENT ELIGIBILITY FORM PER FLORIDA STATUTE 448.095, CONTRACTORS AND SUBCONTRACTORS MUST REGISTER WITH AND USE THE E-VERIFY SYSTEM TO VERIFY THE WORK AUTHORIZATION STATUS OF ALL NEWLY HIRED EMPLOYEES. THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The Contractor and its Subcontractors are aware of the requirements of Florida Statute 448.095. 2. The Contractor and its Subcontractors are registered with and using the E-Verify system to verify the work authorization status of newly hired employees. 3. The Contractor will not enter into a contract with any Subcontractor unless each party to the contract registers with and uses the E-Verify system. 4. The Subcontractor will provide the Contractor with an affidavit stating that the Subcontractor does not employ, contract with, or subcontract with unauthorized alien. 5. The Contractor must maintain a copy of such affidavit. 6. The City may terminate this Contract on the good faith belief that the Contractor or its Subcontractors knowingly violated Florida Statutes 448.09(1) or 448.095(2)(c). 7. If this Contract is terminated pursuant to Florida Statute 448.095(2)(c), the Contractor may not be awarded a public contract for at least 1 year after the date on which this Contract was terminated. 8. The Contractor is liable for any additional cost incurred by the City as a result of the termination of this Contract. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by _______________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. ____________________________________ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE OFFER CERTIFICATION By signing and submitting this Bid, the Vendor certifies that: a) It is under no legal prohibition on contracting with the City of Clearwater. b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents. c) It has no known, undisclosed conflicts of interest. d) The prices offered were independently developed without consultation or collusion with any of the other respondents or potential respondents or any other anti-competitive practices. e) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who has or may have had a role in the procurement process for the services and or goods/materials covered by this contract. f) It understands the City of Clearwater may copy all parts of this response, including without limitation any documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer, or in response to a public records request under Florida’s public records law (F.S. 119) or other applicable law, subpoena, or other judicial process; provided that Clearwater agrees not to change or delete any copyright or proprietary notices. g) Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees. h) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and not debarred by any Federal or public agency. i) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and Rules if awarded by the City. j) It is current in all obligations due to the City. k) It will accept such terms and conditions in a resulting contract if awarded by the City. l) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit binding offers for the goods or services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: REFERENCES Sodium Hypochlorite Tanks 29 ITB #21-22 Instructions: Contractor shall provide a minimum of three (3) customer references, within the last five (5) years, where the proposed products have been installed in a similar product sodium hypochlorite application, preferably governmental. Complete and return with bid submittal. Reference # 1 Customer Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Email: Phone: Fax: Notes: Reference # 2 Customer Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Email: Phone: Fax: Notes: Reference # 3 Customer Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Email: Phone: Fax: Notes: Vendor Name Date: MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER Sodium Hypochlorite Tanks 30 ITB #21-22 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED BID Submitted by: Company Name: Address: City, State, Zip: ITB #21-22, Removal & Replacement of Sodium Hypochlorite Tanks Due Date: July 13, 2022, at 10:00 A.M. City of Clearwater Attn: Procurement PO Box 4748 Clearwater FL 33758-4748 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ SEALED BID Submitted by: Company Name: Address: City, State, Zip: ITB #21-22, Removal & Replacement of Sodium Hypochlorite Tanks Due Date: July 13, 2022, at 10:00 A.M. ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ City of Clearwater Attn: Procurement 100 S Myrtle Ave 3rd Fl Clearwater FL 33756-5520 July 21, 2022 NOTICE OF INTENT TO AWARD The Public Utilities Department and the Procurement Division recommend award of ITB No. 21-22, Removal and Replacement of Sodium Hypochlorite Tanks, to Odyssey Manufacturing Company of Tampa, FL., the lowest most responsible bidder, in accordance with the bid specifications, in the estimated amount of $88,500.00. This Award recommendation will be considered by the City Council at the August 15, 2022, Work Session (9:00 a.m.) and voted on at the August 18, 2022, Council Meeting (6:00 p.m.). These meetings are held at Clearwater Main Library, at 100 N. Osceola Ave., Clearwater, FL 33755. Inquiries regarding this Intent to Award can be directed to Scott Burrows, Procurement Analyst, at (727) 562-4634, or mailed to City of Clearwater, Attn: Procurement Division, PO Box 4748, Clearwater, FL 33758-4748. Posted on this date by: Scott Burrows Scott Burrows, MPA Procurement Analyst CITY OF CLEARWATER ITB # 21-22, Removal & Replacement of Sodium Hypochlorite Tanks DUE DATE: July 13, 2022; 10:00 AM BID TABULATION SUMMARY DESCRIPTION Kloote Contracting, Inc. of Palm Harbor, FL Odyssey Manufacturing Company of Tampa, FL Cost to furnish and install three (3) 2,500-gallon vertical storage tanks for 15% sodium hypochlorite (bleach) in accordance with the specifications listed in this solicitation. Pricing shall also include the cost for supplies, materials, professional equipment, vehicles, tools and supervision necessary to complete the removal and disposal of existing tanks $135,000.00 $68,500.00 NOTE: Items with a star ( ) indicates intent to award. 1) Kloote Contracting, Inc. 2) Odyssey Manufacturing Company PO Box 339 1484 Massaro Blvd. Palm Harbor, FL 34682 Tampa, FL 33619727-785-6800 813-635-0339 ADVERTISED: TAMPA BAY TIMES 6/15/2022 POSTED:myclearwater.com 6/13/2022 Due/Opening: July 13, 2022 ; 10:00 a.m. INVITATION TO BID No. 21-22 Removal and Replacement of Sodium Hypochlorite Tanks Solicitation Response Listing FOR THE CITY OF CLEARWATER Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0626 Agenda Date: 8/18/2022 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 7.14 SUBJECT/RECOMMENDATION: Ratify and confirm an increase to the current purchase order with Sunbelt Rentals, Inc. of Fort Mill, SC, for citywide equipment rental from $75,000.00 to $145,000.00. (consent) SUMMARY: In September 2021, General Services Building & Maintenance Division (BM) issued a Purchase Order to Sunbelt Rentals for miscellaneous Citywide Equipment Rentals in the amount of $20,000.00, piggybacking off of Sourcewell contract #062320-snb for the term September 01, 2021 through September 30, 2022. In February of 2022, the Dectron HVAC unit, which dehumidifies the pool area of the Long Center, and was supplied and maintained by Honeywell, experienced total mechanical failure. BM brought in rental equipment (one 150kw diesel generator, two 40-ton air conditioners, and temporary insulated ducting) to keep the pool usable while Honeywell completed repair of the Dectron unit. The cost of the rentals quickly exceeded the original $20,000.00 purchase order and approval by the City Manager was obtained to increase the purchase order by $55,000.00, bringing the total to $75,000.00. Repair of the Dectron unit is being delayed by several factors including challenges with international shipping and the need to custom manufacture required parts, adding an additional three to four months to the rental of equipment provided by Sunbelt Rentals. The impact of the additional delay is an additional $47,000 spent, bringing the total cost to $122,000, $22,000 over the City Manager’s purchasing authority. An additional $23,000 in expense is anticipated prior to the project completion, for a total anticipated expense of $145,000. Staff requests increasing the purchase order to $145,000.00 in order to cover the $47,000.00 of costs already incurred and to keep the Long Center pool operational. Staff anticipates that this increase in purchase order will cover costs of the equipment rentals through September 15, 2022. APPROPRIATION CODE AND AMOUNT: 5656531-544100 $145,000.00 Page 1 City of Clearwater Printed on 8/17/2022 062320-SNB Rev. 2/2020 1 Solicitation Number: RFP #062320 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Sunbelt Rentals Inc., 2341 Deerfield Drive, Fort Mill, SC 29715 (Vendor). Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts in the United States (Participating Entities). 1. TERM OF CONTRACT A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. B. EXPIRATION DATE AND EXTENSION. This Contract expires August 27, 2024 unless it is cancelled sooner pursuant to Article 24. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor. C. SURVIVAL OF TERMS. Articles 11 through 16 survive the expiration or cancellation of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Vendor’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. All Equipment and Products provided under this Contract must be in good working order. 062320-SNB Rev. 2/2020 2 This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship. In addition, Vendor warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Any manufacturer’s warranty will be passed on to the Participating Entity. C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Intentionally omitted. 3. PRICING All Equipment, Products, or Services under this Contract will be priced as stated in Vendor’s Proposal. When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location. Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase. A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities. Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity. 062320-SNB Rev. 2/2020 3 B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity. C. HOT LIST PRICING. At any time during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities. 4. PRODUCT AND PRICING CHANGE REQUESTS Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must: x Identify the applicable Sourcewell contract number; x Clearly specify the requested change; x Provide sufficient detail to justify the requested change; x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Request Form will be become an amendment to this Contract and be incorporated by reference. 5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities. 062320-SNB Rev. 2/2020 4 The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract in the United States. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source. Vendor is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential members to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract. B. PUBLIC FACILITIES. Vendor’s employees may be required to perform work at government- owned facilities, including schools. Vendor’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws. 6. PARTICIPATING ENTITY USE AND PURCHASING A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically, a Participating Entity will issue an order directly to Vendor. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration of this Contract; however, Vendor performance, Participating Entity payment, and any applicable warranty periods or other Vendor or Participating Entity obligations may extend beyond the term of this Contract. Vendor’s acceptable forms of payment are included in Attachment A. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity. B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order may be negotiated between a Participating Entity and Vendor, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entitles may require the use of a Participating Addendum; the terms of which will be worked out directly between the Participating Entity and the Vendor. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract. 062320-SNB Rev. 2/2020 5 C. PERFORMANCE BOND. If requested by a Participating Entity, Vendor will provide a performance bond that meets the requirements set forth in the Participating Entity’s order. D. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Participating Entity and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. E. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events: 1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased; 2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements; or 3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Participating Entity. F. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the location of the Participating Entity making the purchase. 7. CUSTOMER SERVICE A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for: x Maintenance and management of this Contract; x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable. B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information. 062320-SNB Rev. 2/2020 6 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made). The Report must contain the following fields: x Customer Name (e.g., City of Staples Highway Department); x Customer Physical Street Address; x Customer City; x Customer State/Province; x Customer Zip Code; x Customer Contact Name; x Customer Contact Email Address; x Customer Contact Telephone Number; x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description; x Item Purchased Price; x Sourcewell Administrative Fee Applied; and x Date Purchase was invoiced/sale was recognized as revenue by Vendor. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Vendor may not charge Participating Entities more than the contracted price to offset the Administrative Fee. The Vendor will submit a check payable to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. The calculation of total sales will exclude transportation, fuel, environmental fees, labor, repair charges, damage charges, parts, taxes, surcharges, and Rental Protection Plan charges. Payments should note the Sourcewell-assigned contract number in the memo and must be mailed to the address above “Attn: Accounts Receivable.” Payments must be received no later than 45 calendar days after the end of each calendar quarter. Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. 062320-SNB Rev. 2/2020 7 In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date. 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Vendor’s Authorized Representative is the person named in the Vendor’s Proposal. If Vendor’s Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing. 10. ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld. B. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties. C. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it. D. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. E. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent. 11. LIABILITY Vendor must indemnify, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees, arising out of the performance of this Contract by the Vendor or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. 062320-SNB Rev. 2/2020 8 12. AUDITS Sourcewell reserves the right to review the books, records, documents, and accounting procedures and practices of the Vendor relevant to this Contract for a minimum of 6 years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. 13. GOVERNMENT DATA PRACTICES Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract. If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request. 14. INDEMNIFICATION As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Vendor in violation of applicable patent or copyright laws. 15. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY 1. Grant of License. During the term of this Contract: a. Sourcewell grants to Vendor a royalty-free, worldwide, non-exclusive right and license to use theTrademark(s) provided to Vendor by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Vendor. b. Vendor grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Vendor’s Trademarks in advertising and promotional materials for the purpose of marketing Vendor’s relationship with Sourcewell. 2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to its and their respective distributors, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. 062320-SNB Rev. 2/2020 9 Each party will be responsible for any breach of this Article by any of their respective sublicensees. 3. Use; Quality Control. a. Sourcewell must not alter Vendor’s Trademarks from the form provided by Vendor and must comply with Vendor’s removal requests as to specific uses of its trademarks or logos. b. Vendor must not alter Sourcewell’s Trademarks from the form provided by Sourcewell and must comply with Sourcewell’s removal requests as to specific uses of its trademarks or logos. c. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s Trademarks only in good faith and in a dignified manner consistent with such party’s use of the Trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated. 4. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of vendors which may be used until the next printing). Vendor must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions. B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract. D. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services. 16. GOVERNING LAW, JURISDICTION, AND VENUE Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota. 062320-SNB Rev. 2/2020 10 17. FORCE MAJEURE Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default. 18. SEVERABILITY If any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed. 19. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher level of management. The Vendor will have 30 calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed will be borne by the Vendor. B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default: 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may: 062320-SNB Rev. 2/2020 11 x Exercise any remedy provided by law or equity, or x Terminate the Contract or any portion thereof, including any orders issued against the Contract. 20. INSURANCE A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following: 1. Workers’ Compensation and Employer’s Liability. Workers’ Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts not less than listed below: Minimum limits: $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease 2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. Minimum Limits: $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for Products-Completed operations $2,000,000 general aggregate 3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent. Minimum Limits: $1,000,000 each accident, combined single limit 062320-SNB Rev. 2/2020 12 4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers’ Compensation, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,000,000 Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. All policies must include there will be no cancellation, suspension, non-renewal, or reduction of coverage without 30 days’ prior written notice to the Vendor. Upon request, Vendor must provide to Sourcewell copies of applicable policy endorsement pages, within 10 days of a request. Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract. C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Vendor’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. 062320-SNB Rev. 2/2020 13 E. UMBRELLA/EXCESS LIABILITY. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self- insured retention. 21. COMPLIANCE A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B. LICENSES. Vendor must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Participating Entities. Participating Entities will be responsible for any license or permit required for the project for which equipment is rented, as applicable. 22. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing. Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. 23. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may also require additional requirements based on specific funding specifications. Within this Article, all references to “federal” should be interpreted to mean the United States federal government. The following list only applies when a Participating Entity accesses Vendor’s Equipment, Products, or Services with United States federal funds. 062320-SNB Rev. 2/2020 14 A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference. B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Vendor must be in compliance with all applicable Davis-Bacon Act provisions. C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5). Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements 062320-SNB Rev. 2/2020 15 do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above. F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that 062320-SNB Rev. 2/2020 16 takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352). H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition. Due to the size and scope of Vendor’s rental fleet, Vendor may be unable to confirm country of origin of each brand of equipment offered for rental. K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor’s personnel for the purpose of interview and discussion relating to such documents. L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 062320-SNB Rev. 2/2020 17 24. CANCELLATION Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. Sourcewell Sunbelt Rentals Inc. By: __________________________ By: __________________________ Jeremy Schwartz Stephanie Ransone Title: Director of Operations & Procurement/CPO Title: Sr. Customer Contract Manager Date: ________________________ Date: ________________________ Approved: By: __________________________ Chad Coauette Title: Executive Director/CEO Date: ________________________ 5)3(TXLSPHQW5HQWDOZLWK5HODWHG6HUYLFHV 9HQGRU'HWDLOV &RPSDQ\1DPH 6XQEHOW5HQWDOV 'RHV\RXUFRPSDQ\FRQGXFW EXVLQHVVXQGHUDQ\RWKHUQDPH",I \HVSOHDVHVWDWH 1R $GGUHVV 'HHUILHOG'ULYH )RUW0LOOVF &RQWDFW 1DWDOLD:HOFK (PDLO QDWDOLDZHOFK#VXQEHOWUHQWDOVFRP 3KRQH +67 6XEPLVVLRQ'HWDLOV &UHDWHG2Q )ULGD\-XQH 6XEPLWWHG2Q 7XHVGD\-XQH 6XEPLWWHG%\ 1DWDOLD:HOFK (PDLO QDWDOLDZHOFK#VXQEHOWUHQWDOVFRP 7UDQVDFWLRQ IIEEF IEI I IGF 6XEPLWWHU V,3$GGUHVV Bid Number: RFP 062320 Vendor Name: Sunbelt Rentals 6SHFLILFDWLRQV 7DEOH 3URSRVHU,GHQWLW\ $XWKRUL]HG5HSUHVHQWDWLYHV *HQHUDO,QVWUXFWLRQV DSSOLHVWRDOO7DEOHV 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Financial Strength and Stability - 2019 Ashtead Group - Full Financial Report.pdf - Monday June 22, 2020 07:06:54 Marketing Plan/Samples - Pump Power Services The Right Solution Set Takes the Right Mindset.pdf - Friday June 19, 2020 09:37:21 WMBE/MBE/SBE or Related Certificates (optional) Warranty Information (optional) Pricing - Proposed Pricing MB 4 Sourcewell_.xlsx - Tuesday June 23, 2020 08:12:18 Additional Document - Sourcewell Zip File.zip - Monday June 22, 2020 12:40:26 Bid Number: RFP 062320 Vendor Name: Sunbelt Rentals 3URSRVHU V$IILGDYLW 352326(5$)),'$9,7$1'$6685$1&(2)&203/,$1&( ,FHUWLI\WKDW,DPWKHDXWKRUL]HGUHSUHVHQWDWLYHRIWKH3URSRVHUVXEPLWWLQJWKHIRUHJRLQJ3URSRVDOZLWKWKHOHJDODXWKRULW\WR ELQGWKH3URSRVHUWRWKLV$IILGDYLWDQG$VVXUDQFHRI&RPSOLDQFH 7KH3URSRVHULVVXEPLWWLQJWKLV3URSRVDOXQGHULWVIXOODQGFRPSOHWHOHJDOQDPHDQGWKH3URSRVHUOHJDOO\H[LVWVLQJRRG VWDQGLQJLQWKHMXULVGLFWLRQRILWVUHVLGHQFH 7KH3URSRVHUZDUUDQWVWKDWWKHLQIRUPDWLRQSURYLGHGLQWKLV3URSRVDOLVWUXHFRUUHFWDQGUHOLDEOHIRUSXUSRVHVRI 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id Number: RFP 062320 Vendor Name: Sunbelt Rentals Email Date: To: Company: Message: From: Location: Phone: Fax #: Time: ** WWW.SUNBELTRENTALS.COM ** RNTOUTE (Rev 02/28/22) 7/08/22 8:30 BRAD.OLIVE@SUNBELTRENTALS.COM 813 247 4800 813 247 5988 TAMPA POWER & HVAC PC0048 BRAD OLIVE PC048 ANGELA CAMPAGNA EXT 2863 CITY OF CLEARWATER-BLDG & MAIN Contract #.. 127775525 SUNBELT RENTALS, INC. BEH PROPOSED Rental Contract REVISIONS to v20 20160108 FRONT Items 1-9 only.docx] PC#: IF THE EQUIPMENT DOES NOT WORK PROPERLY, NOTIFY THE OFFICE AT ONCE MULTIPLE SHIFTS OR OVERTIME RATES MAY APPLY CUSTOMER IS RESPONSIBLE FOR REFUELING, DAMAGES AND REPAIRS ******************************************************************************* ******************************** **** ** www.sunbeltrentals.com ** RNTOUTE (Rev 02/28/22) QUOTE Page 1 of 2 Continued on the next page... 0048 8417 PALM RIVER RD TAMPA, FL 33619 4313 813-247-4800 Salesman: 004826 OLIVE, BRAD (048) Typed By: DOLIVE Job Site: LONG CENTER POOL AC 1501 N BELCHER RD SOURCEWELL PRICING CLEARWATER, FL 33765 1339 C#: 727-562-4890 J#: 727-562-4890 For operations in Florida: Prima facie evidence of intent to defraud: Failure to return rental property or equipment upon expiration of rental period and failure to pay all amounts due (including costs for damage to the property or Equipment) are evidence of abandonment or refusal to redeliver the property, punishable in accordance with Section 812.155, Florida Statutes. Customer: 28048 CITY OF CLEARWATER-BLDG & MAIN 1900 GRAND AVE CLEARWATER, FL 33765 Contract #.. 127775525 Contract dt. 7/01/22 Date out.... 7/01/22 7:37 AM Est return.. 7/29/22 7:37 AM Job Loc..... 1501 N BELCHER RD, CLEARWATER Job No...... 1 - LONG CENTER POOL P.O. #...... SOURCEWELL 062320-SNB Ordered By.. JANSEN, MARK NET 45 QTY EQUIPMENT # Min Day Week 4 Week Amount 1.00 150KW DIESEL GENERATOR 679.25 679.25 1611.00 3808.00 3808.00 0090120 2.00 40 TON AIR CONDITIONER NON-XP 912.00 912.00 2223.00 5274.25 10548.50 1080245 16.00 20" X 25' INSULATED DUCT 25.65 25.65 62.10 148.75 2380.00 4.00 50' #2 BANDED 5-WIRE 31.35 31.35 69.30 165.75 663.00 *** EQP MSG *** 8 Hrs/Day 40 Hrs/Wk = 1.0x Rate 9-16 Hrs/Day 41-80 Hrs/Wk = 1.5x Rate 17+ Hrs/Day 81+ Hrs/Wk = 2.0x Rate SALES ITEMS: Qty Item number Unit Price 1 DLPKSRCHG EA 152.500 152.50 TRANSPORTATION SURCHARGE 1 ENVIRONMENTAL EA 232.470 232.47 ENVIRONMENTAL/HAZMAT FEE 2133XXX0000 DELIVERY CHARGE 305.00 PICKUP CHARGE 305.00 SUNBELT RENTALS, INC. Certain equipment above requires scheduled Preventive Maintenance. Sunbelt Rentals will monitor the operation time and perform PM service as required in accordance with manufacturers specifications. Customer shall be charged for each PM service performed during rental period. BEH PROPOSED Rental Contract REVISIONS to v20 20160108 FRONT Items 1-9 only.docx] PC#: IF THE EQUIPMENT DOES NOT WORK PROPERLY, NOTIFY THE OFFICE AT ONCE MULTIPLE SHIFTS OR OVERTIME RATES MAY APPLY CUSTOMER IS RESPONSIBLE FOR REFUELING, DAMAGES AND REPAIRS ******************************************************************************* ******************************** **** ** www.sunbeltrentals.com ** RNTOUTE (Rev 02/28/22) QUOTE Page 2 of 2 0048 8417 PALM RIVER RD TAMPA, FL 33619 4313 813-247-4800 Salesman: 004826 OLIVE, BRAD (048) Typed By: DOLIVE Job Site: LONG CENTER POOL AC 1501 N BELCHER RD SOURCEWELL PRICING CLEARWATER, FL 33765 1339 C#: 727-562-4890 J#: 727-562-4890 For operations in Florida: Prima facie evidence of intent to defraud: Failure to return rental property or equipment upon expiration of rental period and failure to pay all amounts due (including costs for damage to the property or Equipment) are evidence of abandonment or refusal to redeliver the property, punishable in accordance with Section 812.155, Florida Statutes. Customer: 28048 CITY OF CLEARWATER-BLDG & MAIN 1900 GRAND AVE CLEARWATER, FL 33765 Contract #.. 127775525 Contract dt. 7/01/22 Date out.... 7/01/22 7:37 AM Est return.. 7/29/22 7:37 AM Job Loc..... 1501 N BELCHER RD, CLEARWATER Job No...... 1 - LONG CENTER POOL P.O. #...... SOURCEWELL 062320-SNB Ordered By.. JANSEN, MARK NET 45 QTY EQUIPMENT # Min Day Week 4 Week Amount Sub-total: 18394.47 Total: 18394.47 All amounts are in USD SUNBELT RENTALS, INC. Certain equipment above requires scheduled Preventive Maintenance. Sunbelt Rentals will monitor the operation time and perform PM service as required in accordance with manufacturers specifications. Customer shall be charged for each PM service performed during rental period. RNTOUTE (Rev 02/28/22) Email Date: To: Company: Message: From: Location: Phone: Fax #: Time: ** WWW.SUNBELTRENTALS.COM ** RNTOUTE (Rev 02/28/22) 7/06/22 13:15 BRAD.OLIVE@SUNBELTRENTALS.COM 813 247 4800 813 247 5988 TAMPA POWER & HVAC PC0048 BRAD OLIVE PC048 CLEARWATER, CITY OF CLEARWATER, CITY OF Contract #.. 127906720 SUNBELT RENTALS, INC. BEH PROPOSED Rental Contract REVISIONS to v20 20160108 FRONT Items 1-9 only.docx] PC#: IF THE EQUIPMENT DOES NOT WORK PROPERLY, NOTIFY THE OFFICE AT ONCE MULTIPLE SHIFTS OR OVERTIME RATES MAY APPLY CUSTOMER IS RESPONSIBLE FOR REFUELING, DAMAGES AND REPAIRS ******************************************************************************* ******************************** **** ** www.sunbeltrentals.com ** RNTOUTE (Rev 02/28/22) QUOTE Page 1 of 2 Continued on the next page... 0048 8417 PALM RIVER RD TAMPA, FL 33619 4313 813-247-4800 Salesman: 004826 OLIVE, BRAD (048) Typed By: DOLIVE Job Site: CLEARWATER,CITY OF 1501 N BELCHER RD CLEARWATER, FL 33765 1339 C#: 727-562-4905 J#: 727-562-4905 For operations in Florida: Prima facie evidence of intent to defraud: Failure to return rental property or equipment upon expiration of rental period and failure to pay all amounts due (including costs for damage to the property or Equipment) are evidence of abandonment or refusal to redeliver the property, punishable in accordance with Section 812.155, Florida Statutes. Customer: FL 7275624890 CLEARWATER, CITY OF 1501 N BELCHER ROAD CLEARWATER, FL 33765 Contract #.. 127906720 Contract dt. 7/06/22 Date out.... 7/06/22 1:06 PM Est return.. 8/03/22 1:06 PM Job Loc..... CLEARWATER,CIT;1501 N BELCHER;CL Job No...... P.O. #...... Ordered By.. JANSEN, MARK NET DUE UPON RECEIPT QTY EQUIPMENT # Min Day Week 4 Week Amount 1.00 150KW DIESEL GENERATOR 950.00 950.00 2200.00 6500.00 6500.00 0090120 24/7 rutnime 2.00 40 TON AIR CONDITIONER NON-XP 960.00 960.00 2470.00 6205.00 12410.00 1080245 16.00 20" X 25' INSULATED DUCT 27.00 27.00 69.00 175.00 2800.00 4.00 50' #2 BANDED 5-WIRE 33.00 33.00 77.00 195.00 780.00 *** EQP MSG *** 8 Hrs/Day 40 Hrs/Wk = 1.0x Rate 9-16 Hrs/Day 41-80 Hrs/Wk = 1.5x Rate 17+ Hrs/Day 81+ Hrs/Wk = 2.0x Rate SALES ITEMS: Qty Item number Unit Price 1 ENVIRONMENTAL EA 312.900 312.90 ENVIRONMENTAL/HAZMAT FEE 2133XXX0000 Sub-total: 22802.90 Tax: 1576.57 Total: 24379.47 SUNBELT RENTALS, INC. Certain equipment above requires scheduled Preventive Maintenance. Sunbelt Rentals will monitor the operation time and perform PM service as required in accordance with manufacturers specifications. Customer shall be charged for each PM service performed during rental period. BEH PROPOSED Rental Contract REVISIONS to v20 20160108 FRONT Items 1-9 only.docx] PC#: IF THE EQUIPMENT DOES NOT WORK PROPERLY, NOTIFY THE OFFICE AT ONCE MULTIPLE SHIFTS OR OVERTIME RATES MAY APPLY CUSTOMER IS RESPONSIBLE FOR REFUELING, DAMAGES AND REPAIRS ******************************************************************************* ******************************** **** ** www.sunbeltrentals.com ** RNTOUTE (Rev 02/28/22) QUOTE Page 2 of 2 0048 8417 PALM RIVER RD TAMPA, FL 33619 4313 813-247-4800 Salesman: 004826 OLIVE, BRAD (048) Typed By: DOLIVE Job Site: CLEARWATER,CITY OF 1501 N BELCHER RD CLEARWATER, FL 33765 1339 C#: 727-562-4905 J#: 727-562-4905 For operations in Florida: Prima facie evidence of intent to defraud: Failure to return rental property or equipment upon expiration of rental period and failure to pay all amounts due (including costs for damage to the property or Equipment) are evidence of abandonment or refusal to redeliver the property, punishable in accordance with Section 812.155, Florida Statutes. Customer: FL 7275624890 CLEARWATER, CITY OF 1501 N BELCHER ROAD CLEARWATER, FL 33765 Contract #.. 127906720 Contract dt. 7/06/22 Date out.... 7/06/22 1:06 PM Est return.. 8/03/22 1:06 PM Job Loc..... CLEARWATER,CIT;1501 N BELCHER;CL Job No...... P.O. #...... Ordered By.. JANSEN, MARK NET DUE UPON RECEIPT QTY EQUIPMENT # Min Day Week 4 Week Amount All amounts are in USD SUNBELT RENTALS, INC. Certain equipment above requires scheduled Preventive Maintenance. Sunbelt Rentals will monitor the operation time and perform PM service as required in accordance with manufacturers specifications. Customer shall be charged for each PM service performed during rental period. RNTOUTE (Rev 02/28/22) Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0730 Agenda Date: 8/18/2022 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Declare as surplus, certain real property identified as parcel number 10-29-15-68346-000-0050 at 918 Palmetto Street (city-owned property) for the purpose of exchanging the Palmetto Street property for certain real property owned by Barnell Evans and Sandra Evans, husband and wife at 900 Palmetto Street; approve the related Contract for Exchange of Real Property between Barnell Evans and Sandra Evans, husband and wife and the City of Clearwater, and authorize the appropriate officials to execute same, together with all other instruments necessary to affect closing. (APH) SUMMARY: City-owned 918 Palmetto Street Property is 5,200 square feet (SF) of unimproved land, zoned residential, that was acquired by Certificate of Title from Pinellas County Clerk of Court as a result of foreclosure on December 30, 1997, for $0.00. It is currently being leased by Hope Academy and being used as a playground for their daycare located at 920 Palmetto Street. The site consists of one parcel identified by the Pinellas County Property Appraiser as 10-29-15-68346-000-0050, which is legally described in Exhibit A of the contract. The property owned by Barnell Evans and Sandra Evans, husband and wife, is located at 900 Palmetto St, and is a 7881 SF vacant lot. The site is in the proposed North Greenwood CRA District and is zoned commercial. The site consists of one parcel identified by the Property Appraiser as 10-29-15-45000-006-0040, which is legally described in Exhibit B of the contract. The exchange is contingent upon the following: declaration of the city property as surplus; termination of the lease between the City and Hope Academy; and the City being granted adequate access to the Evans property for purposes of conducting inspections and investigations, including environmental investigations. If any of the contingencies are not met, the contract will become null and void. An independent appraisal was performed by James Millspaugh and Associates on both sites involved in the proposed property exchange. The City’s 918 Palmetto Street property’s fair market value was determined to be $43,000 as of June 30, 2022, and Barnell Evans and Sandra Evans 900 Palmetto Street Property was determined to have a $63,000 fair market value as of June 30, 2022. With the proposed land exchange, the City will receive a property with a higher appraised value in the proposed North Greenwood Community Redevelopment Agency district. Per City Charter Section 2.01(d)(5)(iv), real property declared surplus may be exchanged for other real property having a comparable appraised value. The property exchange contract between the City and Barnell Evans and Sandra Evans Page 1 City of Clearwater Printed on 8/17/2022 File Number: ID#22-0730 contemplates the closing to occur on or before December 19, 2022. City closing costs shall not exceed $6,000. APPROPRIATION CODE AND AMOUNT: Funding for costs related to closing are available in capital improvement project ENGF180003, Miscellaneous Engineering. Page 2 City of Clearwater Printed on 8/17/2022 [GM22-9216-098/291114/1] Page 1 of 13 CONTRACT FOR EXCHANGE OF REAL PROPERTY THIS CONTRACT FOR EXCHANGE OF REAL PROPERTY is made on _______________, 2022 (“Effective Date”), by and between BARNELLS EVANS and SANDRA EVANS, husband and wife, of 1578 Sandy Lane, Clearwater, Florida 33755, and the CITY OF CLEARWATER, FLORIDA, a Municipal corporation of the State of Florida (herein "City"), whose post office address is P.O. Box 4748, Clearwater, Florida 33758-4748, ATTENTION: Jon Jennings, City Manager, (collectively "Parties") hereby agree that the Parties shall exchange the following real property ("Real Property") (CITY’s Property and Barnell and Sandra Evans Property, as defined below, are sometimes collectively referred to as "Property") upon the following terms and conditions. 1. PROPERTY DESCRIPTION LEGAL DESCRIPTION: Property to be conveyed by CITY to BARNELL and SANDRA EVANS consists of one certain parcel of real property as described on Exhibit “A” attached hereto and made part hereof (“CITY Property”). Property to be conveyed by BARNELL and SANDRA EVANS to CITY consists of one certain parcel of real property as described on Exhibit “B” attached hereto and made part hereof (“BARNELL and SANDRA EVANS Property”). 2. FULL PURCHASE PRICE: This Agreement is for an exchange of Property as between the Parties and there is no additional monetary consideration to be paid by either party at Closing. At the time of Closing, BARNELL and SANDRA EVANS shall convey to City, pursuant to the terms herein, BARNELL and SANDRA EVANS Property, and CITY shall convey to BARNELL and SANDRA EVANS the City Property. The conveyance of the BARNELL and SANDRA EVANS Property shall constitute full consideration for the conveyance of the City Property. The conveyance of the City Property shall constitute full consideration for the conveyance of the BARNELL and SANDRA EVANS Property. 3. MANNER OF PAYMENT/CONSIDERATION: CITY Property shall be conveyed to BARNELL and SANDRA EVANS by Special Warranty Deed. BARNELL and SANDRA EVANS Property shall be conveyed to City by Warranty Deed; and closing costs shall be attributed to the Parties as provided for herein. 4. PURCHASE PRICE The Full Purchase Price is based upon appraisals of both the BARNELL and SANDRA EVANS Property and the CITY Property by James Millspaugh & Associates, Inc., appraisals dated __________, 2022 which are on file with the City Real Estate Department. [GM22-9216-098/291114/1] Page 2 of 13 5. TIME FOR ACCEPTANCE; APPROVALS Following execution of this contract by BARNELL and SANDRA EVANS, the price, terms and conditions as contained herein shall remain unchanged and be held unconditionally open for a period of 45 days following delivery in duplicate original to City Manager of the City of Clearwater for acceptance and approval, counteroffer, or rejection by action of the Clearwater City Council ("Council"). If this agreement is accepted and approved by the Council, it will be executed by duly authorized City officials and delivered to BARNELL and SANDRA EVANS within 10 days thereafter. If a counteroffer is approved by the Council, it shall be delivered to BARNELL and SANDRA EVANS in writing within 10 days of such action by the City Council, and BARNELL and SANDRA EVANS shall have 10 days thereafter to deliver to CITY, written notice of acceptance or rejection of such counteroffer. If written notice of acceptance is not timely delivered, or if the counteroffer is rejected by BARNELL and SANDRA EVANS, this contract shall thereafter be null and void in all respects. If this contract is rejected by the Council upon initial presentation to the Council, this contract shall be null and void in all respects and BARNELL and SANDRA EVANS shall be so informed in writing within 5 days of such action. Contingencies: The exchange proposed in this contract shall be contingent upon and/or subject to: (1) the declaration of the City Property as surplus in accordance with the City of Clearwater Code of Ordinances/Charter; (2) the City being granted adequate access to the BARNELL and SANDRA EVANS Property in accordance with the timeframes contemplated herein for purposes of conducting inspections and investigations, including environmental investigations, as provided for herein. Should BARNELL and SANDRA EVANS fail to provide access to the City, this Contract shall be voidable by City, in all respects, with neither party having any further obligation to the other, except obligations under provisions expressly intended to survive termination. 6. TITLE BARNELL and SANDRA EVANS warrant that at the time of closing, BARNELL and SANDRA EVANS shall have legal capacity to and shall convey marketable title to the BARNELL and SANDRA EVANS Property by Warranty Deed, subject only to matters contained in Paragraph 7 acceptable to CITY. Otherwise, title shall be free of liens, easements and encumbrances of record or known to BARNELL and SANDRA EVANS, but subject to property taxes for the year of closing; covenants, restrictions and public utility easements of record; and no others provided there exists at closing no violation of the foregoing and none of them prevents CITY's intended use of the BARNELL and SANDRA EVANS Property for redevelopment purposes. BARNELL and SANDRA EVANS warrant and represent that there is ingress and egress to the Real Property sufficient for the intended use as described herein. CITY warrants legal capacity to and shall convey marketable title to the CITY Property by Special Warranty Deed, subject only to matters contained in Paragraph 7 acceptable to BARNELL and SANDRA EVANS. Otherwise, title shall be free of liens, easements and encumbrances of record or known to City, but subject to the reservation of easements (as [GM22-9216-098/291114/1] Page 3 of 13 reflected herein); property taxes for the year of closing; covenants, restrictions and public utility easements of record; and no others provided there exists at closing no violation of the foregoing and none of them prevents BARNELL and SANDRA EVANS's intended use of the CITY Property. CITY warrants and represents that there is ingress and egress to the Real Property sufficient for the intended use as described herein. 7. TITLE EVIDENCE Each party shall, at the expense of the party granting title and within 15 days prior to closing date, deliver to the other party, a title insurance commitment issued by a Florida licensed title insurer agreeing to liens, encumbrances, exceptions or qualifications set forth in this Contract, and those which shall be discharged by CITY or BARNELL and SANDRA EVANS as may be appropriate at or before closing for both the BARNELL and SANDRA EVANS Property and the CITY Property, as their interests may appear. The parties shall convey marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in this Contract. Marketable title shall be determined according to applicable Title Standards adopted by The Florida Bar and in accordance with law. The other party shall have 5 days from receiving evidence of title to examine it. If title is found defective, the objecting party shall, within 3 days thereafter (a total of 8 days), notify the other party in writing specifying defect(s). If the defect(s) render title unmarketable, the granting party will have 120 days from receipt of notice within which to remove the defect(s), failing which the objecting party shall have the option of either accepting the title as it then is or withdrawing from this Contract. CITY or BARNELL and SANDRA EVANS, as appropriate will, if title is found unmarketable, make diligent effort to correct defect(s) in title within the time provided, therefore. 8. SURVEY The Parties, each at their own expense, within time allowed to deliver evidence of title and to examine same, may have the CITY Property or BARNELL and SANDRA EVANS Property surveyed (by BARNELL and SANDRA EVANS or CITY, respectively) and certified to the other party and closing agent by a registered Florida land surveyor. If survey shows any encroachment on the respective parcel, or that improvements located on real property encroach on setback lines, easements, lands of others, or violate any restrictions, contract covenants or applicable governmental regulation, the same shall constitute a title defect. The survey shall be performed to minimum technical standards of the Florida Administrative Code and may include a description of the property under the Florida Coordinate System as defined in Chapter 177, Florida Statutes. 9. CLOSING PLACE AND DATE [ ] BARNELL and SANDRA EVANS [X] CITY shall designate closing agent and this transaction shall be closed in the offices of the designated closing agent in Pinellas County, Florida, within 120 days following the Effective Date, on or before December 19, 2022. If either party is unable to comply with any provision of this contract within the time [GM22-9216-098/291114/1] Page 4 of 13 allowed, and be prepared to close as set forth above, after making all reasonable and diligent efforts to comply, then upon giving written notice to the other party, time of closing may be extended up to 60 days without effect upon any other term, covenant or condition contained in this contract. Each Party may exercise this extension independently. 10. CLOSING DOCUMENTS Closing Agent, on behalf of City, shall furnish closing statements for the respective parties, deed, bill of sale (if applicable), mechanic's lien affidavit, assignments of leases, tenant and mortgage estoppel letters, and corrective instruments for both conveyances. The appropriate parties shall deliver resolutions or applicable documents authorizing the sale and delivery of the deed and certifying the resolution or documents and setting forth facts showing the conveyance conforms to the requirements of local law. 11. CLOSING EXPENSES Documentary stamps on the BARNELL and SANDRA EVANS Property deed, unless this transaction is exempt under Chapter 201.24, Florida Statutes, shall be paid by BARNELL and SANDRA EVANS. Documentary stamps on the CITY Property deed, unless this transaction is exempt under Chapter 201.24, Florida Statues, shall be paid by the BARNELL and SANDRA EVANS. Each party shall also pay for recording of any corrective instruments required to insure marketable title of the property being conveyed by that party. Recordation of the deeds shall be paid by the respective grantee. 12. PRORATIONS; CREDITS Taxes, assessments, rent (if any) and other revenue of the Properties shall be prorated through the day before closing. Closing agent shall collect all ad valorem taxes uncollected but due through day prior to closing and deliver same to the Pinellas County Tax Collector with notification to thereafter exempt the Property acquired by the City from taxation as provided in Chapter 196, Florida Statutes (2020). If the amount of taxes and assessments for the current year cannot be ascertained, rates for the previous year shall be used with due allowance being made for improvements and exemptions. Any deposits held in trust for third parties in occupancy of the Properties shall be credited to the other party at time of closing. Assessments for any improvements that are substantially complete at time of closing shall be paid in full by respective owner/seller. 13. OCCUPANCY The parties warrant to one another that there are no parties in occupancy on the respective Properties, unless as otherwise disclosed herein. If Property is intended to be rented or occupied beyond closing, the fact and terms thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to Paragraph 14. The Parties agree to deliver occupancy of the respective Property at time of closing unless otherwise stated herein. If occupancy is to be delivered before closing, the Party taking occupancy assumes all risk of loss to Property from date of occupancy, shall be responsible and [GM22-9216-098/291114/1] Page 5 of 13 liable for maintenance from that date, and shall be deemed to have accepted Property in its existing conditions as of the time of taking occupancy unless otherwise stated herein or in separate writing. 14. LEASES The parties acknowledge that the CITY Property is currently subject to a lease agreement between the CITY as Landlord and HOPE ACADEMY INTERNATIONAL, LLC as Tenant (the “Existing Lease”). The CITY anticipates the Existing Lease will be terminated prior to Closing and will deliver the City Property free of parties in possession. 15. PROPERTY CONDITION The parties shall deliver the respective Properties to the respective grantee party at time of closing in their present "as is" condition, ordinary wear and tear excepted. Neither party makes any warranty other than as is disclosed herein in Paragraph 21 (“WARRANTIES”) and marketability of title. Each Party’s covenant to exchange the respective Properties “as is” is more specifically represented in either subparagraph 1. a. or b. as marked [X]. a. [ ] As Is: Buyer has inspected the Property or waives any right to inspect and accepts the Property in its present "as is" condition. b. [X] As Is With Right of Inspection: Each Grantee may, at its expense and within 90 days following the Effective Date ("Inspection Period"), conduct inspections, tests, environmental and any other investigations of the Property it is acquiring as it deems necessary to determine suitability for its intended use. The other Party shall grant reasonable access to the Property to said Grantee, its agents, contractors and assigns for the purposes of conducting the inspections provided, however, that all such persons enter the Property and conduct the inspections and investigations at their own risk. Each Party will, upon reasonable notice, provide utilities services as may be available for Grantee’s inspections and investigations. Each Party shall not engage in any activity that could result in a mechanics lien being filed against the Property without respective Grantor’s prior written consent. Grantee may terminate this contract by written notice to the respective Grantor prior to expiration of the Inspection Period if the inspections and/or investigations reveal conditions which are reasonably unsatisfactory to Grantee, unless the respective Grantor elects to repair or otherwise remedy such conditions to Grantee satisfaction, in its sole discretion. If this transaction does not close, Grantee agrees, at Grantee expense, to repair all damages to the Property resulting from the inspections and investigations and return the Property to its present condition. 16. WALK-THROUGH INSPECTION At a time mutually agreeable between the parties, but not later than the day prior to closing, the parties may conduct a final "walk-through" inspection of the Properties to [GM22-9216-098/291114/1] Page 6 of 13 determine compliance with any obligations under Paragraphs 8, 13 and 15. No new issues may be raised as a result of the walk-through. 17. HOLD HARMLESS CITY is self-insured, and subject to the limits and restrictions of Florida Statute 768.28 and the doctrine of sovereign immunity, and to the extent permitted thereby, agrees to indemnify and hold harmless BARNELL and SANDRA EVANS from claims of injury to persons or property during the inspections and investigations described in Paragraph 15(b) resulting from CITY's own negligence only, or that of its employees or agents only. BARNELL and SANDRA EVANS agree to indemnify and hold harmless the City from claims of injury to persons or property during the inspections and investigations described in Paragraph 15(b) resulting from BARNELL and SANDRA EVANS own negligence, or that of its employees or agents only. 18. RISK OF LOSS If any of the property is damaged by fire or other casualty before closing and the cost of restoration does not exceed 3% of the assessed valuation of the property so damaged, the cost of restoration shall be an obligation of the grantor party and closing shall proceed pursuant to the terms of this contract with restoration costs escrowed at closing. If the cost of restoration exceeds 3% of the assessed valuation of the improvements so damaged, the respective Grantee shall have the option of either taking the Property "as is", together with either the 3% or any insurance proceeds payable by virtue of such loss or damage, or of canceling this contract. Cancellation by one Grantee shall constitute a bilateral cancelation. 19. PROCEEDS OF SALE; CLOSING PROCEDURE The deeds to the CITY Property and BARNELL and SANDRA EVANS Properties shall be recorded upon delivery of all deeds and other required closing documents, and payment and clearance of funds payable for title insurance and other closing costs. Proceeds of the sale shall be held in escrow by the CITY’S attorney, Closing Agent, or by such other mutually acceptable escrow agent for a period of no longer than 5 days from and after closing, during which time evidence of title shall be continued at the respective owner’s expense to show title in the other party, without any encumbrances or change which would render the property’s title unmarketable from the date of the last title evidence. If title is rendered unmarketable through no fault of the other party, the objecting party shall, within the 5-day period, notify the other party in writing of the defect and the non-objecting party shall have 30 days from the date of receipt of such notification to cure the defect. If the defect is not timely cured, all funds paid by or on behalf of the other party shall, upon written demand made and within 5 days after demand, be returned to the other party and simultaneously with such repayment, the property shall be reconveyed by the same type of deed of the original conveyance. If the objecting party fails to make timely demand for refund and reconveyance of property, objecting party shall take title [GM22-9216-098/291114/1] Page 7 of 13 "as is", waiving all rights against the non-objecting party as to any intervening defect except as may be available to objecting party by virtue of warranties contained in the deed. The escrow and closing procedure required by this provision may be waived if title agent insures adverse matters pursuant to Section 627.7841, F.S. (2020), as amended. 20. DEFAULT If this transaction is not closed due to any default or failure on the part of either Grantor, other than to make the title marketable after diligent effort, the respective Grantee may seek specific performance or unilaterally cancel this agreement upon giving written notice to Grantor. If a Broker is owed a brokerage fee regarding this transaction, the defaulting party shall be liable for such fee. 21. RESPECTIVE GRANTOR WARRANTIES Respective Grantors warrant that there are no known facts that would materially affect the value of the Properties, or which would be detrimental to the Properties, or which would affect parties desire to exchange the properties except as follows: As to the City Property: __________________________________________________ As to the Barnell and Sandra Evans Property: _________________________________ If none, please indicate “NONE” above. The parties shall have the number of days granted in Paragraph 15(b) above ("Inspection Period") to investigate said matters as disclosed by the other party and shall notify the granting party in writing regarding closing on this contract notwithstanding said matters, or whether the contract shall be cancelled. Failure to notify the other party within said time period, the respective Grantee shall be deemed to have waived any objection to the disclosed matters and shall have the obligation to close on the contract. 22. RADON GAS NOTIFICATION In accordance with provisions of Section 404.056(5), Florida Statutes (2016), as amended, the parties are hereby informed as follows: RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. 23. CONTRACT NOT RECORDABLE; PERSONS BOUND [GM22-9216-098/291114/1] Page 8 of 13 Neither this contract nor any notice of it shall be recorded in any public records. This contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. 24. NOTICE All notices provided for herein shall be deemed to have been duly given if and when deposited in the United States Mail, properly stamped and addressed to the respective party to be notified, including the parties to this contract, the parties’ attorneys, escrow agent, inspectors, contractors and all others who will in any way act at the behest of the parties to satisfy all terms and conditions of this contract. 25. ASSIGNABILITY; PERSONS BOUND This contract [X] is not assignable [ ] is assignable. The terms "CITY", "BARNELL and SANDRA EVANS", and "Broker" (if any) may be singular or plural. This Contract is binding upon CITY, BARNELL and SANDRA EVANS, and their heirs, personal representatives, successors and assigns (if assignment is permitted). 26. ATTORNEY FEES; BARNELL AND SANDRA EVANSTS In any litigation arising out of this contract, each party shall be reasonable for its own attorney's fees and costs. 27. TYPEWRITTEN OR HANDWRITTEN PROVISIONS Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them. 28. BROKER REPRESENTATION Neither party is represented by a real estate broker. 29. EFFECT OF PARTIAL INVALIDITY The invalidity of any provision of this contract will not and shall not be deemed to affect the validity of any other provision. In the event that any provision of this contract is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 30. GOVERNING LAW [GM22-9216-098/291114/1] Page 9 of 13 It is agreed by and between the parties hereto that this contract shall be governed by, construed, and enforced in accordance with the laws of the State of Florida. In any litigation arising out of or relating to this Contract, the Parties agree that venue shall be in the United States District Court, Middle District of Florida, Tampa Division, or the Circuit Court located in Pinellas County, Florida. 31. COUNTERPARTS; FACSIMILE COPY This contract may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. A facsimile copy of this contract, including any addendum, attachments and any written modifications hereof, and any initials or signature thereon shall be deemed an original. 32. EXHIBITS ATTACHED Exhibit “A” (legal description of CITY Property), Exhibit “B” (legal description of BARNELL and SANDRA EVANS Property), are attached hereto and made a part of this contract. 33. ENTIRE AGREEMENT Upon execution by BARNELL and SANDRA EVANS and CITY, this contract shall constitute the entire agreement between the parties, shall supersede any and all prior and contemporaneous written and oral promises, representations or conditions in respect thereto. All prior negotiations, agreements, memoranda and writings shall be merged herein. Any changes to be made in this agreement shall only be valid when expressed in writing, acknowledged by the parties and incorporated herein or attached hereto. City Signature Page to Contract for Exchange of Real Property [GM22-9216-098/291114/1] Page 10 of 13 Countersigned: CITY OF CLEARWATER, FLORIDA __________________________ By: _________________________ Frank Hibbard Jon Jennings Mayor City Manager Approved as to form: Attest: __________________________ _____________________________ Laura Lipowski Mahony Rosemarie Call Assistant City Attorney City Clerk [GM22-9216-098/291114/1] Page 12 of 13 EXHIBIT “A” CITY PROPERTY Real Property ID No’s: 10-29-15-68346-000-0050 As more particularly legally described as: Pennsylvania Sub., Lot 5, Plat Book 21, Page 80 of the Official Records of Pinellas County, Florida. [GM22-9216-098/291114/1] Page 13 of 13 EXHIBIT “B” BARNELL and SANDRA EVANS, husband and wife Real Property ID No’s: 10-29-15-45000-006-0040 As more particularly legally described as: Lot 4 and 5, Block “F”, REVISED MAP OF JURGENS ADDITION TO CLEARWATER, according to plat thereof as recorded in Plat Book 4, Page 17, of the Public Records of Pinellas County, Florida. APPRAISAL REPORT PROXIMATE VACANT PARCELS 900 AND 918 PALMETTO STREET CLEARWATER, FLORIDA 33755 DATE OF VALUATION JUNE 17, 2022 PREPARED FOR MS. SUZANNE KRAMER CITY OF CLEARWATER REAL ESTATE SERVICES COORDINATOR CLEARWATER, FLORIDA 33756 E-MAIL: SUZANNE.KRAMER@MYCLEARWATER.COM PREPARED BY JAMES M. MILLSPAUGH, MAI JAMES MILLSPAUGH & ASSOCIATES, INC. 110 TURNER STREET CLEARWATER, FL 33756-5211 JAMES MILLSPAUGH & ASSOCIATES, INC. REAL ESTATE APPRAISERS & CONSULTANTS LICENSED REAL ESTATE BROKER 110 TURNER STREET, CLEARWATER, FLORIDA 33756-5211 PHONE: (727) 461- 2648 FAX: 442-8922 E-MAIL: jim@millspaugh-appraisals.com | WEBSITE: www.millspaugh-appraisals.com June 30, 2022 Ms. Suzanne Kramer City Of Clearwater Real Estate Services Coordinator Clearwater, Florida 33756 E-Mail: suzanne.kramer@myclearwater.com RE: Appraisal Report Proximate Vacant Parcels 900 and 918 Palmetto Street Clearwater, Florida 33755 Dear Ms. Kramer: At your request, I have made an appraisal report of the current market value of the fee simple estate of the above referenced real properties only. The properties and methods utilized in arriving at the final value estimates are fully described in the attached report, which contains 20 pages and Addenda. This Appraisal Report has been made in conformance with and is subject to the requirements of the Code of Professional Ethics and Uniform Standards of Professional Appraisal Practice (USPAP) of the Appraisal Institute and the Appraisal Foundation. The Appraisal Report and final value estimate are subject to all attached Contingent and Limiting Conditions. I have made a careful and detailed analysis of the subject properties and after analyzing the market data researched for this report, I estimate that the current market value of the referenced real properties only and subject to the stated limitations, definitions and certifications set forth in the attached appraisal report as of June 17, 2022, was: PARCEL #900: ($63,000) PARCEL #918: ($43,000) Respectfully submitted, JAMES MILLSPAUGH & ASSOCIATES, INC. ____________________________ James M. Millspaugh, MAI JMM:sg JAMES M. MILLSPAUGH, MAI State-Certified General Real Estate Appraiser RZ58 TABLE OF CONTENTS INTRODUCTION Title Page Letter of Transmittal Table of Contents Site Photographs DESCRIPTIONS, ANALYSES AND CONCLUSIONS Identification of the Property 1 Census Tract Location/Zip Code 1 Flood Zone Location 1 Environmental Audit Data 1 Objective and Intended Use/Users of the Appraisal 1 Exposure Period Estimate 2 Statement of Ownership and Recent Sales History 2 Scope of the Appraisal 2 Definition of Market Value 3 Standard Contingent and Limiting Conditions 3 Certification 6 Area Description 7 Site Data 9 Assessment and Tax Data 9 Zoning and Land Use Data 10 Highest and Best Use 11 Land Value Estimate 12 Final Value Summary 20 ADDENDA Qualifications of the Appraiser Standard Definitions EXISTING CONDITIONS PROXIMATE VACANT PARCELS 900 AND 918 PALMETTO STREET CLEARWATER, FLORIDA 33755 DATE OF PHOTOGRAPHS: JUNE 17, 2022 #918 INTERIOR SITE VIEW STREET SCENE LOOKING WEST BEYOND SUBJECT ON RIGHT EXISTING CONDITIONS PROXIMATE VACANT PARCELS 900 AND 918 PALMETTO STREET CLEARWATER, FLORIDA 33755 DATE OF PHOTOGRAPHS: JUNE 17, 2022 #900 CORNER SITE VIEW STREET SCENE LOOKING EAST BEYOND SUBJECT ON LEFT IDENTIFICATION OF THE PROPERTY: The #900 parcel is located at the northeast corner of Palmetto Street and Vine Avenue about ¼ mile east of Myrtle Avenue (US 19 A) about 1 mile north of downtown Clearwater. The second parcel #918 is located roughly 250’ east also on the north side of Palmetto. They are legally described as follows: #900: Lots 4-5, Block F, Jurgen’s Addition to Clearwater, Plat Book 4, Page 17 #918: Lot 5, Pennsylvania Subdivision, Plat Book 21, Page 80 CENSUS TRACT LOCATION/ZIP CODE: #262/33755 FLOOD ZONE LOCATION: Pinellas County, Florida Map No. 12103C0106J Effective Date: 8/24/21 Both parcels are located on an AE flood hazard area where finished floor areas must be above 21’. ENVIRONMENTAL AUDIT DATA: The Appraisal has been performed without benefit of an environmental audit and presumes that no problems exist, however, I reserve the right to review and/or alter the value reported herein should a subsequent audit reveal problems. OBJECTIVE AND INTENDED USE/USERS OF THE APPRAISAL: The objective is to estimate the current market value for each vacant parcel separately in fee simple estate of June 17, 2022 (date of inspection and photographs). It is my understanding that the intended use of the report is to value the parcels for a land swap between the 2 owners and the intended users are the 2 owners and no others. 2 EXPOSURE PERIOD ESTIMATE: This is the past period of time required to have sold the subject parcels at my value estimate as of the date of appraisal. There is an active vacant land market in this neighborhood that has grown in activity and value levels during the past several years with residential housing being the largest trend as a result of the affordable housing demand that has largely been satisfied by “Habitat for Humanity”. While #900 is zoned commercial and #918 as residential, both are suitable for single-family residential use as evidenced by the building trends during the recent past. After considering the pace of demand here, it appears that a realistic exposure period would have been in the 6-12 month range. STATEMENT OF OWNERSHIP AND RECENT SALES HISTORY: The #900 parcel was acquired in December 2019 at a recorded price of $44,400 as recorded in O.R. Book 20809, Page 1143, while the #918 parcel has been in City ownership from 1992 as recorded at O.R. Book 07813, Page 0112. The #900 parcel is relatively current and considered to generally reflect a fair market value in relation to the attached data. The City parcel is currently leased at a moderate rate to the adjacent daycare center that would likely have no major value impact on the current market value. SCOPE OF THE APPRAISAL: The extent of my research effort for the sale of similar lots has focused on the proximate neighborhoods by researching the Clerk’s and Property Appraiser’s data, local MLS file data and my newspaper clipping files and by inspecting the market and the noted transactions. The sale data has been verified with a party associated with the sale if possible. The report will include a Land Sale Comparison Analysis for each property that is the most reliable for valuing vacant sites. 3 DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in the definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (1) Buyer and seller are typically motivated; (2) Both parties are well informed or well advised, and acting in what they consider their own best interests; (3) A reasonable time is allowed for exposure in the open market; (4) Payment is made in terms of cash in US dollars or in terms of financial arrangements comparable thereto; and (5) The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. ------------------------------------------- 1 Federal Deposit Insurance Corporation, 12 CFR, Part 323, RIN 3064-AB05, August 20, 1990, Section 323.2, Definitions. STANDARD CONTINGENT AND LIMITING CONDITIONS: This Appraisal is subject to the following limiting conditions and contingencies: This Appraisal Report in no way represents a guaranty or warranty of estimated market value as reported herein. The Appraisal Report represents the opinion of the undersigned as to "one figure" based upon the data and its analysis contained herein. The legal description furnished is assumed to be correct and unless otherwise noted, no survey or title search has been made. No responsibility is assumed by the Appraiser(s) for these or any matters of a legal nature and no opinion of the title has been rendered. The property is appraised as though under responsible ownership and management. The Appraiser(s) believe(s) that information contained herein to be reliable, but assume(s) no responsibility for its reliability. 4 The Appraiser(s) assume(s) there are no hidden or unapparent conditions of the property, subsoil, or structure which would affect the value estimate. Unless otherwise noted, the Appraiser(s) has not commissioned termite or structural inspection reports on any improvements nor subsoil tests on the land. The attached photos, maps, drawings, and other exhibits in this report are intended to assist the reader in visualizing the property and have been prepared by the Appraiser(s) or his staff. These exhibits in no way are official representations/surveys of the subject property. Any distribution of the total valuation in this report between land and improvements applies only under the existing program of utilization. Separate valuations for land and buildings must not be used in conjunction with any other appraisal and are invalid if so used. In this appraisal assignment, the existence of potentially hazardous material used in the construction or maintenance of the building, such as the presence of urea-formaldehyde foam insulation, and/or the existence of toxic waste, which may or may not be present on the property, was not observed by the Appraiser; nor does he/she have any knowledge of the existence of such materials on or in the property. The Appraiser, however, is not qualified to detect such substances. The existence of urea-formaldehyde insulation or other potentially hazardous waste material may have an effect on the value of the property. The Appraiser urges the client to retain an expert in the field if desired. The Appraiser(s) will not be required to appear in court unless previously arranged. The Appraiser's duties pursuant to his employment to make the Appraisal are complete upon delivery and acceptance of the Appraisal Report. Possession of this report or copy thereof does not carry the right of publication. Neither all nor any part of the contents of this report (especially any; conclusions as to value, the identity of the Appraiser(s), or the firm with which he is connected, or any reference to the Appraisal Institute or to the MAI or SRA designation) shall be disseminated to the public through advertising media, public relations media, news media, sales media, or any other public means of communication without the prior written consent and approval of the undersigned. 5 The Americans with Disabilities Act ("ADA") became effective January 26, 1992. The Appraiser(s) has (have) not made a specific compliance survey and analysis of this property to determine whether or not it is in conformity with the various detailed requirements of the ADA. It is possible that a compliance survey of the property, together with a detailed analysis of the requirements of the ADA, could reveal that the property is not in compliance with one or more of the requirements of the Act. If so, this fact could have a negative effect upon the value of the property. Since the Appraiser(s) has (had) no direct evidence relating to this issue, the Appraiser(s) did not consider possible noncompliance with the requirements of ADA in estimating the value of the property. 6 CERTIFICATION The undersigned does hereby certify that, except as otherwise noted in this appraisal report: 1. As of the date of this report, I, James M. Millspaugh, have completed the requirements under the continuing education program of the Appraisal Institute. 2. I have personally inspected the subject property and have considered all factors affecting the value thereof, and to the best of my knowledge and belief, the statements of fact contained in this appraisal report, upon which the analyses, opinions and conclusions expressed herein are based, are true and correct, subject to all attached Contingent and Limiting Conditions. 3. I have no present or contemplated future interest in the real estate that is the subject of this appraisal report. 4. I have no personal interest or bias with respect to the subject matter of this appraisal report or the parties involved. 5. My fee for this appraisal report is in no way contingent upon my findings. The undersigned further certifies that employment for this appraisal assignment was not based on a requested minimum valuation or an approval of a loan. 6. This appraisal report sets forth all of the limiting conditions (imposed by the terms of my assignment or by the undersigned) affecting the analyses, opinions, and conclusions contained in this report. 7. This appraisal report has been made in conformity with and is subject to the requirements of the Code of Professional Ethics and Uniform Standards of Professional Practice of the Appraisal Institute and the Appraisal Foundation and may be subject to peer review. Further, I have met USPAP's competency provision and am capable of completing this appraisal assignment. 8. No one other than the undersigned prepared the analyses, conclusions and opinions concerning the real estate that are set forth in this appraisal report. 9. In my opinion, the estimated market value of the subject real properties only in fee simple estate as of June 17, 2022, was: PARCEL #900: ($63,000) PARCEL #918: ($43,000) _____________________________ James M. Millspaugh, MAI State-Certified General Real Estate Appraiser RZ58 7 AREA DESCRIPTION: This is a small suburban district located on the northeastern fringe of downtown Clearwater that extends north from Drew Street to the Stephenson’s Creek near Fairmont and east of Myrtle Avenue to N. Betty Lane. It is dissected by the only active railroad line in Pinellas that includes a small cluster of light industrial/service space that typically remains fully occupied. That area is bordered by the former Jack Russell baseball stadium (now Campbell Park) that also now includes a public pool, recreation complex, a City library branch and various public agencies and a redeveloped apartment complex. The areas north of Palmetto also include three former public schools, two of which are not operating as such due to lack of Florida certification to aging and contamination. One of these is now being considered for use as a technical training facility to benefit the youth not planning for college. This entity is intended to benefit the immediate locale whose many residents do not have transportation access. N. Betty Lane also includes the homeless emergency complex, veterans housing and abused spouse facility. These entities all increase daily activity but not much business demand. Martin Luther King, Jr. Avenue (MLK) includes the main commercial area with a food/convenience store, several restaurants, childcare facility and a variety of public support entities. There are also other similar stores further south on MLK and along Palmetto Street east of Myrtle Avenue near the subject parcels. Major shopping for residents here then is located primarily along N. Highland Avenue about one mile east with minor space on N. Betty Lane and N. Myrtle Avenue. There are several dollar stores on Myrtle and Highland Avenues. Essentially then, this suburban neighborhood has limited walking-distance shopping for what can best be classified as a low to moderate income demographic. Public transportation serves the entire district with the hub location downtown. All of the interior roads are two-laned with ample pedestrian improvements. Clearly, the area location does not favor the subject #900 site retail value due to reduced demand from the larger district plus heavy retail vacancy in larger public/church occupancy and former retail/office space. 8 9 SITE DATA: Both parcels are comprised of small platted lots with public dimensions noted below absent recent site surveys. #900: 111’ on Palmetto, 71’ on Vine with total land area of 7,881 SF or .1809 acre. #918: 50’ Palmetto to a 104’ depth with total land area of 5,200 SF or .1194 acre MOL. The #900 is a corner site with Vine extending back into the neighborhood with both single-family and non-residential uses adjacent. None of these uses are considered to be detrimental to the site with the mix of uses being consistent in this locale. The #918 is off the corner with adjacent housing/daycare uses none of which are considered to be detrimental to the subject parcel or the locale. Both parcels, however, benefit from the public use and related security for the municipal pool/recreation center, library and other open space ball fields plus a heavy concentration of long-term churches serving the community. Both sites are essentially level, even with surrounding properties and the two-lane roadways and do not appear to have any extraordinary storm drainage problems. All public and private utilities are available at no offsite cost. There are no proximate traffic signals while Palmetto is an active feeder street from Myrtle to Highland Avenue and beyond. #900 is naturally treed but does not appear to suffer from a heavy clearing cost while #918 has no substantial tree cover. Both parcels appear to have relatively equal location, size and market demand in spite of the commercial and residential zoning. ASSESSMENT AND TAX DATA: Street # Pinellas County Parcel # 2021 Assessment 2021 Tax 900 10-29-15-45000-000-0040 $38,519 $782.77 918 10-29-15-68346-000-0050 $33,083 $672.30* * Tax Exempt The 0040 parcel is assessed at $5.75 PSF while the 0050 parcel is assessed at $750 PFF or $7.21 PSF. 10 ZONNING AND LAND USE DATA: The #900 site is zoned C for commercial with a CG- General Commercial land use designation. The subject then would allow a maximum residential density of 24 units PA with a .55 FAR and .9 ISR plus 40 units PA for lodging units. Minimum standard development uses per zoning with staff approval includes community gardens (no size requirements), funeral homes, government uses, indoor recreation, medical clinic, mixed-use, offices, overnight accommodations, parks and recreational facilities, places of worship, restaurants, retail sales/services, social/community centers, telecommunication towers, vehicle sales/display and veterinary offices. Most require a 10,000 SF minimum site, with vehicle sales/display, places of worship, and overnight accommodations requiring a 40,000 SF site and retail plazas 15,000 SF. All except community gardens and telecommunication towers have a 25’ height and setbacks of 25’ front, 10’ side and rear. Parking varies according to use with many of these concepts being qualified for the subject site. Retail plazas can have a medical marijuana treatment center and several uses cannot exceed five acres. Approval of Level I Flexible Standard Development (FLS) planning application (Approved by the Community Development Coordinator/Planning & Development Director) expands the uses to include accessory dwellings, alcoholic beverage sales, auto service stations, bars, brew pubs, educational facilities, microbreweries, nightclubs, off-street parking, public transportation facilities, retail plaza, schools and utility/infrastructure facilities. Many of the uses such as veterinary office, vehicle sales/display, social/community services, nightclubs, microbreweries, auto service and alcohol beverage sales are prohibited here due to the adjacent residential land. Approval of a Level II Flexible Development (FLD) planning application (approved by the Community Development Board at a public hearing) expands the uses to be requested; however, several additional uses are allowed with most noted having the adjacent residential restriction. The added uses include self-storage, off-street parking (screening required), limited vehicle services, light assembly, and comprehensive infill redevelopment (CIRP). The use category of CIRP allows for innovative uses of land which are not listed as permitted but allowed by the underlying future land use. 11 The subject #918 and surrounding lands are zoned MDR for Medium Density Residential with a Residential Urban-RU land use plan that allows up to a 7.5 PA density. Regulations also have a maximum FAR (Floor Area Ratio) of 0.5 and ISR (Impervious Surface Ratio) of 0.75. The permitted uses include community gardens, residential homes to maximum of 6 residents and detached dwellings. Flexible standard Level 1 uses include attached dwellings, community homes to 14, detached dwellings, schools and utility infrastructure with these concepts subject to greater scrutiny. Flexible Level 2 uses include ALF, attached dwellings, congregate care, overnight accommodations, parking and residential infill with these concepts requiring additional scrutiny and restrictions. Most concepts require 5,000-40,000 SF site sizes with a variety of setbacks, lot dimensions and 30’-40’ height. The existing uses here are all allowable and consistent with the surrounding trends. HIGHEST AND BEST USE: (Defined in Addenda) The actual land use trends here are predominantly residential due to proximate residential services and public infrastructure. The vast majority of the non-residential businesses here have been in place for decades and housed in low to moderate quality space. As such, little or no modern retail/service space exists with light industrial uses along the railroad tracks also well occupied but in better condition. The most recent new use there has been for the Jolly Trolley bus storage just off Myrtle at Pennsylvania. New retail/office space has simply not been developed in the market for decades. As such, while the #900 site is zoned commercial with a wide variety of uses, the multi-family density of 24 PA is likely the best use for this parcel at a maximum of four units (.1809 Acres at 24 PA = 4.34) in the form of smaller 1-2 bedroom apartments facing Palmetto that can benefit from bus routes, the nearby recreation center and other public service agencies. Other concepts here may include parking for the numerous churches/daycare centers. The #918 parcel is zoned residential with single-family or duplex being realistic here due to the same proximate services noted above. From this viewpoint then, the land values for both parcels are heavily weighted towards residential values. The proliferation of Habitat for Humanity residences do not appear to have any negative impact from adjacent non-residential uses that are readily available to the neighborhood. 12 Overall then, value levels for commercial or residential appear to be relatively equal with size, shape, location and other geographical features having the most value impact. LAND VALUE ESTIMATE: This group of proximate lot sales is the best available and are described below on separate detail sheets. Unless otherwise noted, they sold for cash or terms equivalent and did not require adjustment for cash equivalency. The most common value metric is the overall price PSF. 13 14 LAND SALE #1 Location: 1201 N. Garden Avenue, Clearwater Legal Description: S. 50’ of Lot 19 plus S. 48’ of Lot 21, Palm Bluff, 1st Addition, Plat Book 5, Page 14 Date of Sale: January, 2021 Sale Price: $70,000 Size: 49’ x 112’ Price PSF: $12.76 Price Per Unit: $23,333 Grantor/Grantee: A. Janicki/B. Tran Recording Data: O.R. Book, 21343 Page 1574 Sale Confirmed With: Property Leader RE, Broker - MLS Zoning: C, Commercial Clearwater Comments: This small retail zoned parcel backs up to a dollar store with typical retail/office allowed uses but restricted by a small site size located outside of the Old Bay Character District. The zoning then would allow 3 units. 15 LAND SALE #2 Location: 1118 Carlton Street on the north side just east of MLK, Jr. Avenue, Clearwater Legal Description: Lot 25, Block B, Greenwood Park Subdivision, Plat Book 8, Page 22 Date of Sale: June, 2021 Sale Price: $37,000 Size: 40’ x 91’; 3,640 SF Price PSF: $10.16 Grantor/Grantee: J. Shackelford/Habitat for Humanity Recording Data: O.R. Book 21574, Page 0733 Sale Confirmed With: Bayline Realty - MLS Zoning: MDR – Median Density Residential, Clearwater Comments: This cleared residential lot was acquired at a $38,000 listing for development of a single-family residence. This neighborhood is relatively crowded with a heavy ratio of older moderately priced improvements. 16 LAND SALE #3 Location: 711 Vine Street southeast corner Seminole Street and Vine Avenue, Clearwater Legal Description: Lot 20, Block 8, Pine Crest Subdivision, Plat Book 1, Page 66 Date of Sale: September 2021 Sales Price: $40,000 Size: 50’ x 140’; 7,000 SF Price PSF: $5.71 Grantor/Grantee: J. L. Ward, Trust/Habitat for Humanity Recording Data: O.R. Book 21723, Page 0798 Sale Confirmed With: REMAX Action 1st Realty - MLS Zoning: MDR – Median Density Residential, Clearwater Comments: This site was acquired for a residence homesite at a $45,000 listing price in an active, well located residential district near public infrastructure. Seminole Street leads to a major public boat ramp with this lot within walking distance of a public recreation center with pool. 17 LAND SALE #4 Location: Southwest corner of MLK, Jr. Avenue and Engman Street, Clearwater Legal Description: Lot 8 less east10’, Block D, Palm Park Subdivision, Plat Book H-4, Page 86 Date of Sale: December 2021 Sales Price: $35,000 Size: 40’ x 150’ Price PSF: $5.83 Grantor/Grantee: W.A. Lewis, Inc./City of Clearwater Recording Data: O.R. Book 21859, Page 0876 Sale Confirmed With: C. Lane, Grantee Rep. Zoning: C – Commercial, Clearwater Comments: This small site borders the Elks Lodge and had benefited their parking shortage and also for access to the local bus route. The City had recently purchased the large facility and wanted to enlarge that site for future development. The seller was located out of town and basically agreed with an appraisal of the Elks Lodge site. While the site would likely be approved with special exception for individual use, its narrow depth likely reduced the PSF land price. 18 LAND SALE #5 Location: North side of Nicholson Street approximately 200’ west of Pennsylvania Avenue, Clearwater Legal Description: Lot 10, plus S/2 of alley on north, Block 2, Pine Crest Subdivision Plat Book 1, Page 66 Date of Sale: March, 2022 Sale Price: $119,900 Size: 50’ x 152’ MOL; 7,904 SF Price PSF: $15.17 Grantor/Grantee: DHW Holdings, LLC./Alexandra Investments, LLC. Recording Data: O.R. Book, 21992 Page 0580 Sale Confirmed With: Charles Rutenberg Realty, Inc. - MLS Zoning: MDR – Medium Density Residential, Clearwater. Comments: This clearly vacant lot is located just west of the neighborhood recreation center/pool complex while the major use trend is for single-family but allows duplexes, etc. The ratio of new/modern homes in this locale has notably increased during the past several years with the lot selling previously at roughly $40,000 in mid-2021 and appears to be an “outlier” currently. The sale includes plans for a 3/2 residence. 19 LAND SALES RE-CAP CHART Sale # Date Of Sale Sales Price Size In SF Price PSF 1 1/21 $ 70,000 5,488 $12.76 2 6/21 $ 37,000 3,640 $10.16 3 9/21 $ 40,000 7,000 $ 5.71 4 12/21 $ 35,000 6,000 $ 5.83 5 3/22 $119,900 7,904 $15.17 #900 12/19 $ 44,400 7,881 $ 5.63 #918 -- -- 5,200 -- LAND SALES ANALYSIS AND CONCLUSIONS: From the commercial standpoint #1 at $12.76 PSF has a more prominent location along N. Garden Avenue just off Myrtle where redevelopment trends are evident. As such, the small lot has a notably superior location to both subject parcels. Sale #4 has a relatively shallow depth and was acquired by the City to enhance the Elks Lodge acquisition. The $5.83 PSF price, however, is at the same approximate level of the subject #900 parcel. As such, it appears given the brisk pace of recent sales here after 2019, that some appreciation is logical with a likely current commercial value in the $6.00-$7.00 PSF range or say at $6.50 PSF. Therefore, this view would value the subject #900 parcel at 7,881 SF @ $6.50 PSF or $51,227 or a rounded $51,000. Given the potential residential use and greater demand then the residential land sales would appear to have the greatest weight for both parcels. The lot sales range from $37,000- $119,900 with the highest appearing to be an “outlier” as it had sold at roughly $40,000 in mid- 2021 that was then similar to the other sales. The Clearwater market near downtown has been overwhelmed with small residential lot and residence sales (below $200,000 total) as the demand there was historic. As such, the general market exhibits price escalation but not similar to Land Sale #5. The lot prices then from $5.71 for the larger lots to $10.16 for the smaller is more appropriate here with some upward price momentum. In reality, the subject #900 is 2 smaller lots that are being valued as a package at $8.00 PSF for 2 and otherwise at $10.00 PSF separately. From that basis then, the subject #900 value would be at 7,881 SF @ $8.00 PSF or $63,048 or say $63,000 versus $51,000 for retail use. 20 The #918 parcel then is a larger single lot likely valued in the $8.00-$8.50 PSF range or say $8.25 PSF @ 5,200 SF or $42,900 rounded at $43,000. FINAL VALUE SUMMARY: Highest and Best Use Parcel #900 $63,000 Parcel #918 $43,000 ADDENDA QUALIFICATIONS OF THE APPRAISER JAMES M. MILLSPAUGH, MAI APPRAISAL EXPERIENCE: Appraisal experience in Pinellas County, Florida since 1968 when associated with Ross A. Alexander, MAI of Clearwater. Formed James Millspaugh & Associates, June 1980, in Clearwater. The firm concentrates the majority of its appraisal activities in Pinellas County with experience throughout the Tampa/St. Petersburg/ Clearwater MSA. APPRAISAL PLANT DATA: In addition to maintaining its location near the main Pinellas County Courthouse complex for easy access to governmental offices and the official public records maintained in the Clerk’s office for in-depth background research, the firm maintains Marshall Valuation Service Cost Data, online real estate transactions from RealQuest as provided by CoreLogic and MLS sales data provided by MFR.MLSMatrix plus national surveys on lodging, food service, offices, industrial parks, mini-storage, shopping center markets, investor return rates and others. COMMERCIAL APPRAISAL ASSIGNMENTS performed include golf courses, postal facilities, commercial buildings, shopping centers, warehouse/manufacturing buildings, mobile home and R.V. parks, financial institutions, nursing homes, motels, timeshares, restaurants, houses of worship, office buildings, apartment buildings, commercial and residential condominium projects (both proposed and conversions), marinas, theaters, fraternal buildings, school facilities, seaport facilities, railroad corridors, easements, leasehold and leased fee estates, life estates, vacant sites, including environmentally sensitive lands, and condemnation cases involving partial and total takings. Feasibility/market studies have been performed for industrial, office, retail, residential and timeshare markets. APPRAISAL EDUCATION: American Institute of Real Estate Appraisers (AIREA) courses successfully completed: I-A: Basic Principles, Methods and Techniques - 1973 VIII: Single Family Residential Appraisal - 1973 I-B: Capitalization Theory and Techniques - 1974 II: Urban Properties - 1975 IV: Condemnation - 1978 : Standards of Professional Practice - 1992, Parts A & B Society of Real Estate Appraisers (SREA) courses successfully completed: 301: Special Applications of Appraisal Analysis – 1980 JAMES M. MILLSPAUGH, MAI (Qualifications Continued) RECENT SEMINARS ATTENDED: Sponsored by The Appraisal Institute Valuation of Wetlands, 2004. Commercial Highest and Best Use – Case Studies:, 2005. Uniform Standards (Yellow Book) for Federal Land Acquisitions, 2007. Condominiums, Co-Ops and PUDS, 2007. Analyzing Distressed Real Estate, 2007. Appraisal Curriculum Overview, Two-Day General, 2009. Cool Tools: New Technologies for Real Estate Appraisers, 2010. Valuation of Detrimental Conditions, 2010. Analyzing Tenant Credit Risk/Commercial Lease Analysis, 2011. Fundamentals of Separating Real and Personal Property and Intangible Business Assets, 2012. Marketability Studies: Advanced Considerations and Applications, 2013. Lessons From the Old Economy: Working in the New, 2013. Critical Thinking in Appraisals, 2014. Litigation Appraising, 2015. Webinars on the FEMA 50% Rule, Wind Turbine Effects on Value and Contamination and The Valuation Process, 2015. Business Practice and Ethics, 2017. Parking and its Impact on Florida Properties, 2018. Solving Land Valuation Puzzles, 2018. Insurance Appraisals, 2018. Evaluating Commercial Leases, 2019. Artificial Intelligence, AVMs and Blockchain, 2019. Appraising Donated Real Estate Conservation Easements, IRS, 2020. Florida State Law Update, 2020. National USPAP Update, 2020. EDUCATION: Bachelor of Science in Business Administration, University of Florida Associates of Arts, St. Petersburg Junior College PROFESSIONAL AFFILIATIONS AND CERTIFICATION Member: Appraisal Institute with the MAI designation, Certificate #6087, awarded April, 1980. Mr. Millspaugh is a past President of The Gulf Atlantic Florida Chapter of the AI (formerly Florida Chapter No. 2), served as an admissions team leader for the West Coast Florida Chapter, is the past Chairman for the National Ethics Administration Division of the Appraisal Institute and served as the Region X Member of the Appellate Division of the Appraisal Institute. Mr. Millspaugh is a State-Certified General Real Estate Appraiser (RZ58) and has served as a pro-bono expert witness for the Florida Real Estate Appraisal Board. Member: Pinellas Realtors Organization, National Association of Realtors Note: The AIREA and SREA merged into one organization on January 1, 1991, that is now known as the AI - Appraisal Institute. STANDARD DEFINITIONS HIGHEST AND BEST USE: 1. The reasonably probable use of property that results in the highest value. The four criteria that the highest and best use must meet are legal permissibility, physical possibility, financial feasibility, and maximal productivity. 2. The use of an asset that maximizes its potential and that is possible, legally permissible, and financially feasible. The highest and best use may be for continuation of an assets existing use or for some alternative use. This is determined by the use that a market participant would have in mind for the asset when formulating the price that it would be willing to bid. (IVS) 3. [The] highest and most profitable use for which the property is adaptable and needed or likely to be needed in the reasonably near future. (Uniform Appraisal Standards For Federal Land Acquisitions) FEE SIMPLE ESTATE: Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat. LEASEHOLD INTEREST: The right held by the lessee to use and occupy real estate for a stated term and under conditions specified in the lease. LEASED FEE INTEREST: The ownership interest held by the lessor, which includes the right to receive the contract rent specified in the lease plus the reversionary right when the lease expires. REPLACEMENT COST: The estimated cost to construct, at current prices as of a specific date, a substitute for a building or other improvements, using modern materials and current standards, design and layout. REPRODUCTION COST: The estimated cost to construct, at current prices as of the effective date of the appraisal, an exact duplicate or replica of the building being appraised, using the same materials, construction standards, design, layout and quality of workmanship and embodying all the deficiencies, super-adequacies, and obsolescence of the subject building. ------------------------------------------------------------------- 2. Appraisal Institute, The Dictionary of Real Estate Appraisal - Sixth Edition, 2015. pages 109, 90, 128, 197 and 198. METTO ST VINE AVE PALMETTO ST JURGENS ST PALM BLUFF ST PENNSYLVANIA AVE 802915912905 906913803916907909905907906816910902903825907913913905912911 90485590480481090690292090191190490690081481080890991490880690580990980790380790590490890810061007 1002 1003 1017 10151012 1014 1004 1010 1014 1012 1013 1000 1016 1006 1011 1009 1008 904 9189109009081003 1005 1008 1010 AERIAL MAP Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Proposed Land Swap of:City Owned Parcel Number: 10-29-15-68346-000-0050 andPrivately Owned Parcel Number: 10-29-15-45000-006-0040 Page 1 of 1Aerial Flown 2019 Date:6/8/2020WDMap Gen By: Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Location Maps\PalmettoProposedLandSwap.mxd RBReviewed By:10-29s-15eS-T-R:269AGrid #: ² N.T.S.Scale: City Owned Parcel Privately Owned Parcel 50'104'71'111'PrivatelyOwned Daycare Palmetto Street (Cedar Street Per Plat) R/W Varies Metto Street (Alley Per Plat) 20' R/W Pennsylvania Street60' R/WPennsylvania Subdivision Plat Book 21, Page 80 Lot 4 Lot 3 Lot 2 Lot 1 Lot 10Lot 11Lot 12Lot 13 Lot 5Lot 6Lot 7Lot 8 Lot 5, "Pennsylvania Subdivision", as recorded in Plat Book 21, Page 80 of the Public Records of Pinellas County, FL. DRAWN BY CHECKED BY DATE DRAWN SECT-TWNSP-RNG SHEETDWG. NO. OF -- CITY OF CLEARWATER ENGINEERING DEPARTMENT Exhibit A City Owned Property to be Declared SurplusJABTLM 06/14/2022 Lgl_2022-13 1 1 10 29S 15E This is not a survey N.T.S. Legal Description Palmetto Street (Cedar Street Per Plat) R/W Varies Metto Street (Alley Per Plat) 20' R/W Pennsylvania Street60' R/WPennsylvania Subdivision Plat Book 21, Page 80 Lot 4 Lot 3 Lot 2 Lot 1 Lot 10Lot 11Lot 12Lot 13 Lot 5Lot 6Lot 7Lot 8 Lot 5, "Pennsylvania Subdivision", as recorded in Plat Book 21, Page 80 of the Public Records of Pinellas County, FL. DRAWN BY CHECKED BY DATE DRAWN SECT-TWNSP-RNG SHEETDWG. NO. OF -- CITY OF CLEARWATER ENGINEERING DEPARTMENT Exhibit A Contract for Exchange of Real PropertyJABTLM 06/14/2022 Lgl_2022-13 1 1 10 29S 15E This is not a survey N.T.S. Legal Description Exhibit B Contract for Exchange of Real Property Exhibit B Contract for Exchange of Real Property Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0773 Agenda Date: 8/18/2022 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 8.2 SUBJECT/RECOMMENDATION: Declare surplus for the purpose of sale, through Invitation to Bid 43-22, real property located on North Garden Avenue, Clearwater, FL 33755, identified as Parcel ID: 09-29-15-25542-004-0360, said real property legally described as: Eldridge, J. J. Part of Lots 36 and 37 DESC FROM SW COR OF SD LOT 36 TH NE'LY 33.7FT ALG W'LY LOT LINE FOR POB TH CONT NE'LY 41.3FT ALG W'LY LOT LINE TO POINT 12.5FT N OF SW COR OF SD LOT 37 TH E'LY 125FT ALG LINE PARALLEL TO S BNDRY OF LOT 37 TO E'LY BNDRY OF SD LOT 37 TH SW'LY 65.07FT ALG E'LY LOT LINES TO POINT 9.30FT N OF SE COR OF LOT 36 TH NW'LY TO POB as recorded in PB OH1 at Page 85 of the Public Records of Pinellas County, Florida. (APH) SUMMARY: On December 28, 2018, the City of Clearwater acquired the fee simple ownership of this vacant lot on N Garden Ave in foreclosure via Certificate of Title from the Circuit/County Court, Pinellas County, Civil Division. On June 2, 2022, a written request was received from Palm Bluff Development Group to declare the parcel surplus to afford them the opportunity to bid on it to become part of an approved Development Order, Case FLD2021-12023, for a 60-unit condominium plus 5000 SF of commercial space adjacent to this vacant lot via a formal amendment to the Flexible Development project. The appraised value of the N Garden Ave vacant lot has been determined by James Millspaugh & Associates, Inc., to be Eighty-Seven Thousand Five Hundred Dollars ($87,500). Per City Charter 2.01, real property declared surplus shall be sold to the party submitting the highest competitive bid above the appraised value whose bid meets the terms set by the Council and whose proposed use of the property is in accordance with the Council’s stated purpose for declaring the property surplus. The City’s total investment in the N Garden Avenue vacant lot is $0.00. City Management recommends Council set the minimum required bid at the appraised value of $87,500 from the successful bidder in the Invitation to Bid. Page 1 City of Clearwater Printed on 8/17/2022 APPRAISAL REPORT VACANT COMMERCIAL PARCEL N. GARDEN AVENUE NORTH OF CEDAR STREET CLEARWATER, FLORIDA 33755 DATE OF VALUATION JUNE 15, 2022 PREPARED FOR MS. SUZANNE KRAMER CITY OF CLEARWATER REAL ESTATE SERVICES COORDINATOR CLEARWATER, FLORIDA 33756 E-MAIL: SUZANNE.KRAMER@MYCLEARWATER.COM PREPARED BY JAMES M. MILLSPAUGH, MAI JAMES MILLSPAUGH & ASSOCIATES, INC. 110 TURNER STREET CLEARWATER, FL 33756-5211 JAMES MILLSPAUGH & ASSOCIATES, INC. REAL ESTATE APPRAISERS & CONSULTANTS LICENSED REAL ESTATE BROKER 110 TURNER STREET, CLEARWATER, FLORIDA 33756-5211 PHONE: (727) 461- 2648 FAX: 442-8922 E-MAIL: jim@millspaugh-appraisals.com | WEBSITE: www.millspaugh-appraisals.com June 27, 2022 Ms. Suzanne Kramer City Of Clearwater Real Estate Services Coordinator Clearwater, Florida 33756 E-Mail: suzanne.kramer@myclearwater.com RE: Appraisal Report Vacant Commercial Parcel N. Garden Avenue North of Cedar Street Clearwater, Florida 33755 Dear Ms. Kramer: At your request, I have made an appraisal report of the current market value of the fee simple estate of the above referenced real property only. The property and methods utilized in arriving at the final value estimate are fully described in the attached report, which contains 17 pages and Addenda. This Appraisal Report has been made in conformance with and is subject to the requirements of the Code of Professional Ethics and Uniform Standards of Professional Appraisal Practice (USPAP) of the Appraisal Institute and the Appraisal Foundation. The Appraisal Report and final value estimate are subject to all attached Contingent and Limiting Conditions. I have made a careful and detailed analysis of the subject property and after analyzing the market data researched for this report, I estimate that the current market value of the referenced real property only and subject to the stated limitations, definitions and certifications set forth in the attached appraisal report as of June 15, 2022, was: EIGHTY-SEVEN THOUSAND FIVE HUNDRED DOLLARS ($87,500) Respectfully submitted, JAMES MILLSPAUGH & ASSOCIATES, INC. ____________________________ James M. Millspaugh, MAI JMM:sg JAMES M. MILLSPAUGH, MAI State-Certified General Real Estate Appraiser RZ58 TABLE OF CONTENTS INTRODUCTION Title Page Letter of Transmittal Table of Contents Site Photographs DESCRIPTIONS, ANALYSES AND CONCLUSIONS Identification of the Property 1 Census Tract Location/Zip Code 1 Flood Zone Location 1 Environmental Audit Data 1 Objective and Intended Use/Users of the Appraisal 1 Exposure Period Estimate 2 Statement of Ownership and Recent Sales History 2 Scope of the Appraisal 2 Definition of Market Value 3 Standard Contingent and Limiting Conditions 3 Certification 6 Area Description 7 Site Data 7 Assessment and Tax Data 9 Zoning and Land Use Data 9 Highest and Best Use 10 Land Value Estimate 10 ADDENDA Qualifications of the Appraiser Standard Definitions EXISTING CONDITIONS VACANT COMMERCIAL PARCEL N. GARDEN AVENUE NORTH OF CEDAR STREET CLEARWATER, FLORIDA 33755 DATE OF PHOTOGRAPHS: JUNE 15, 2022 PARCEL VIEW FROM N. GARDEN AVENUE N. GARDEN AVENUE STREET SCENE LOOKINGT NORTH TOWARD SUBJECT ON RIGHT IDENTIFICATION OF THE PROPERTY: It fronts the east side of N. Garden Avenue approximately 200’ north of Cedar Street just north of the Old Bay Character district in The Downtown Core. It is legally described in brief as part of Lots 36-37, J. J. Eldridge Subdivision, Plat Book H-1, Page 85 and described by the Property Appraiser as Parcel #09-25-15-25542-004-0360. CENSUS TRACT LOCATION/ZIP CODE: #261/33755 FLOOD ZONE LOCATION: Pinellas County, Florida Map No. 12103C0106J Effective Date: 8/24/21 The subject and surrounding district are located in a zone X described as an “area of minimal flooding” where flood insurance is not required. ENVIRONMENTAL AUDIT DATA: The Appraisal has been performed without benefit of an environmental audit and presumes that no problems exist, however, I reserve the right to review and/or alter the value reported herein should a subsequent audit reveal problems. OBJECTIVE AND INTENDED USE/USERS OF THE APPRAISAL: The objective is to estimate the current market value in fee simple estate of the subject real property only as of June 15, 2022 (date of inspection and photographs). It is my understanding that the intended use of the report is for guidance to the City of Clearwater in their pending negotiation to sell the property in the open market and the intended users are the City representatives and no others. 2 EXPOSURE PERIOD ESTIMATE: This is the past period of time required to have sold the subject at my value estimate as of the date of appraisal. The pace of land sales here for assemblage of large parcels has been ongoing for the past decade or so with the most recent 2+ years being the most active. This parcel is surrounded by an ownership entity, that recently received formal site plan approval and clearly has evidenced a logical demand to acquire this parcel. As such, a realistic exposure period would be in the 1 to 3 months range. STATEMENT OF OWNERSHIP AND RECENT SALES HISTORY: The site was acquired via a Certificate of Title by the City in December 2018 with there being no subsequent transfers that would impact the current market value. SCOPE OF THE APPRAISAL: The extent of my research effort has focused on the surrounding market area for vacant lot sales with a review of data for the Old Bay Character district and proximate locales. Specifically, I have researched the Clerk’s and Property Appraiser’s data, local MLS file data and my newspaper clipping files. I have thoroughly inspected this locale, viewed the Comparable Land Sales and verified the details with a related party. The report will include a Land Sales Comparison Approach that is the most reliable for this property type. 3 DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in the definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (1) Buyer and seller are typically motivated; (2) Both parties are well informed or well advised, and acting in what they consider their own best interests; (3) A reasonable time is allowed for exposure in the open market; (4) Payment is made in terms of cash in US dollars or in terms of financial arrangements comparable thereto; and (5) The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. ------------------------------------------- 1 Federal Deposit Insurance Corporation, 12 CFR, Part 323, RIN 3064-AB05, August 20, 1990, Section 323.2, Definitions. STANDARD CONTINGENT AND LIMITING CONDITIONS: This Appraisal is subject to the following limiting conditions and contingencies: This Appraisal Report in no way represents a guaranty or warranty of estimated market value as reported herein. The Appraisal Report represents the opinion of the undersigned as to "one figure" based upon the data and its analysis contained herein. The legal description furnished is assumed to be correct and unless otherwise noted, no survey or title search has been made. No responsibility is assumed by the Appraiser(s) for these or any matters of a legal nature and no opinion of the title has been rendered. The property is appraised as though under responsible ownership and management. The Appraiser(s) believe(s) that information contained herein to be reliable, but assume(s) no responsibility for its reliability. 4 The Appraiser(s) assume(s) there are no hidden or unapparent conditions of the property, subsoil, or structure which would affect the value estimate. Unless otherwise noted, the Appraiser(s) has not commissioned termite or structural inspection reports on any improvements nor subsoil tests on the land. The attached photos, maps, drawings, and other exhibits in this report are intended to assist the reader in visualizing the property and have been prepared by the Appraiser(s) or his staff. These exhibits in no way are official representations/surveys of the subject property. Any distribution of the total valuation in this report between land and improvements applies only under the existing program of utilization. Separate valuations for land and buildings must not be used in conjunction with any other appraisal and are invalid if so used. In this appraisal assignment, the existence of potentially hazardous material used in the construction or maintenance of the building, such as the presence of urea-formaldehyde foam insulation, and/or the existence of toxic waste, which may or may not be present on the property, was not observed by the Appraiser; nor does he/she have any knowledge of the existence of such materials on or in the property. The Appraiser, however, is not qualified to detect such substances. The existence of urea-formaldehyde insulation or other potentially hazardous waste material may have an effect on the value of the property. The Appraiser urges the client to retain an expert in the field if desired. The Appraiser(s) will not be required to appear in court unless previously arranged. The Appraiser's duties pursuant to his employment to make the Appraisal are complete upon delivery and acceptance of the Appraisal Report. Possession of this report or copy thereof does not carry the right of publication. Neither all nor any part of the contents of this report (especially any; conclusions as to value, the identity of the Appraiser(s), or the firm with which he is connected, or any reference to the Appraisal Institute or to the MAI or SRA designation) shall be disseminated to the public through advertising media, public relations media, news media, sales media, or any other public means of communication without the prior written consent and approval of the undersigned. 5 The Americans with Disabilities Act ("ADA") became effective January 26, 1992. The Appraiser(s) has (have) not made a specific compliance survey and analysis of this property to determine whether or not it is in conformity with the various detailed requirements of the ADA. It is possible that a compliance survey of the property, together with a detailed analysis of the requirements of the ADA, could reveal that the property is not in compliance with one or more of the requirements of the Act. If so, this fact could have a negative effect upon the value of the property. Since the Appraiser(s) has (had) no direct evidence relating to this issue, the Appraiser(s) did not consider possible noncompliance with the requirements of ADA in estimating the value of the property. 6 CERTIFICATION The undersigned does hereby certify that, except as otherwise noted in this appraisal report: 1. As of the date of this report, I, James M. Millspaugh, have completed the requirements under the continuing education program of the Appraisal Institute. 2. I have personally inspected the subject property and have considered all factors affecting the value thereof, and to the best of my knowledge and belief, the statements of fact contained in this appraisal report, upon which the analyses, opinions and conclusions expressed herein are based, are true and correct, subject to all attached Contingent and Limiting Conditions. 3. I have no present or contemplated future interest in the real estate that is the subject of this appraisal report. 4. I have no personal interest or bias with respect to the subject matter of this appraisal report or the parties involved. 5. My fee for this appraisal report is in no way contingent upon my findings. The undersigned further certifies that employment for this appraisal assignment was not based on a requested minimum valuation or an approval of a loan. 6. This appraisal report sets forth all of the limiting conditions (imposed by the terms of my assignment or by the undersigned) affecting the analyses, opinions, and conclusions contained in this report. 7. This appraisal report has been made in conformity with and is subject to the requirements of the Code of Professional Ethics and Uniform Standards of Professional Practice of the Appraisal Institute and the Appraisal Foundation and may be subject to peer review. Further, I have met USPAP's competency provision and am capable of completing this appraisal assignment. 8. No one other than the undersigned prepared the analyses, conclusions and opinions concerning the real estate that are set forth in this appraisal report. 9. In my opinion, the estimated market value of the subject real property only in fee simple estate as of June 15, 2022, was: EIGHTY-SEVEN THOUSAND FIVE HUNDRED DOLLARS ($87,500) _____________________________ James M. Millspaugh, MAI State-Certified General Real Estate Appraiser RZ58 7 AREA DESCRIPTION: This locale has attracted major interest for future redevelopment of mixed-uses that began in earnest during the past decade. The Garden Trail Apartments, Habitat For Humanity residences and recently a 90+ unit waterfront condo at the Seminole Street Boat Ramp have been linchpins for the redevelopment plus extensive single-family activity along the Clearwater Harbor waterfront. Based upon the extensive land acquisitions including land surrounding the subject parcel, the new ownership has intentions for the entire district as does the City of Clearwater that redeveloped the Seminole Boat Ramps and acquired the historic North Ward School for additional public use. The other major city complex located here is the natural gas facility on Myrtle Avenue north of Jones Street. This existing and future development has replaced/renewed what had been a long decaying suburban district that no longer has a heavy crime problem and related bad reputation. As such, there appears to be no lingering detrimental influences for the area or the subject property. SITE DATA: The site is somewhat irregular in shape and is comprised of 2 partial lot sections. It includes a 41.3’ N. Garden frontage, 125’ north and 120.7’ south side dimensions and back 65.7’ width. These calculate to a total site size of 6,470 SF or 0.1485 acres MOL as reported by the public data with no provided site survey. Surrounding uses include older scattered housing to north and west, public playground to the west and recently acquired parcels to the south and east extending to the Trail and Blanche B. Littlejohn alleyway. If approved and when built, this complex would likely benefit the locale in general and has added logical assemblage demand for the subject parcel that has all public and private utilities and is served by narrow two-lane roadways that extend north and east Of Myrtle Avenue (US Alternate 19). As such, there are no known detrimental influences for the subject or the locale. The site then is in demand but suffers from a small and irregular shape that restricts but allows individual uses per the zoning regulations. 8 9 ASSESSMENT AND TAX DATA: Pinellas County Parcel # 2021 Assessment Improved: 09-29-15-25542-004-0360 $37,121 The figure reflects $6.75 PSF with no taxes due to the city ownership. ZONNING AND LAND USE DATA: The site is zoned C for commercial with a CG- General Commercial land use designation. The subject then would allow a maximum residential density of 24 units PA with a .55 FAR and .9 ISR plus 40 units PA for lodging units. Minimum standard development uses per zoning with staff approval includes community gardens (no size requirements), funeral homes, government uses, indoor recreation, medical clinic, mixed-use, offices, overnight accommodations, parks and recreational facilities, places of worship, restaurants, retail sales/services, social/community centers, telecommunication towers, vehicle sales/display and veterinary offices. Most require a 10,000 SF minimum site, with vehicle sales/display, places of worship, and overnight accommodations requiring a 40,000 SF site and retail plazas 15,000 SF. All except community gardens and telecommunication towers have a 25’ height and setbacks of 25’ front, 10’ side and rear. Parking varies according to use with most of these concepts being qualified for the subject site. Retail plazas can have a medical marijuana treatment center and several uses cannot exceed five acres. Approval of Level I Flexible Standard Development (FLS) planning application (Approved by the Community Development Coordinator/Planning & Development Director) expands the uses to include accessory dwellings, alcoholic beverage sales, auto service stations, bars, brew pubs, educational facilities, microbreweries, nightclubs, off-street parking, public transportation facilities, retail plaza, schools and utility/infrastructure facilities. Many of the uses such as veterinary office, vehicle sales/display, social/community services, nightclubs, microbreweries, auto service and alcohol beverage sales are prohibited here due to the adjacent residential land. 10 Approval of a Level II Flexible Development (FLD) planning application (approved by the Community Development Board at a public hearing) expands the uses to be requested; however, several additional uses are allowed with most noted having the adjacent residential restriction. The added uses include self-storage, off-street parking (screening required), limited vehicle services, light assembly and comprehensive infill redevelopment (CIRP). The use category of CIRP allows for innovative uses of land which are not listed as permitted but allowed by the underlying future land use. HIGHEST AND BEST USE: (Defined in Addenda) After a site and area inspection, it is apparent that assemblage of this parcel with several others located along N. Garden Avenue represents this concept. While the site can be developed individually per development rules, a larger site would yield a better structure consistent with the approved 60-unit condo/office project on the adjacent east parcel of 94,189 SF assembled by the Palm Bluff Development Group, LLC. noted as FLD 2021-12023 site plan approval. Total building area approved was noted at 57,992 SF reported to be in 2 mid-rise 3-4 story buildings. LAND VALUE ESTIMATE: This process values the site by comparison to proximate land sales that have been primarily acquired for future development. These are the best known to me in the N. Garden Avenue corridor where modern development to date has included single-family and apartment units. Those sites located in the downtown Old Bay Character District had a 35 PA base density with bonuses for mixed-use at 50 PA. Unless otherwise noted, these sites sold for cash or terms equivalent and did not require adjustment for cash equivalency. The most reliable metric is the price PSF. 11 12 LAND SALE #1 Location: 1201 N. Garden Avenue, Clearwater Legal Description: S. 50’ of Lot 19 plus S. 48’ of Lot 21, Palm Bluff, 1st Addition, Plat Book 5, Page 14 Date of Sale: January, 2021 Sale Price: $70,000 Size: 49’ x 112’ Price PSF: $12.76 Price Per Unit: $23,333 Grantor/Grantee: A. Janicki/B. Tran Recording Data: O.R. Book, 21343 Page 1574 Sale Confirmed With: Property Leader RE, Broker - MLS Zoning: C, Commercial Clearwater Comments: This small retail zoned parcel backs up to a dollar store with typical retail/office allowed uses but restricted by a small site size located outside of the Old Bay Character District. The zoning then would allow 3 units. 13 LAND SALE #2 Location: Northwest corner of Seminole Street and N. Garden, Clearwater Legal Description: Lot 6-10, Block 2, E.P. Merritts Subdivision, Plat Book 7, Page 6 Date of Sale: August, 2021 Sales Price: $1,450,000 Size: 125’ x 357’ Average; 43,780 SF Price PSF: $33.12 Price Per Unit: $41,429 Grantor/Grantee: Clearwater Corridor, LLC./Kona Vista Group, LLC. Recording Data: O.R. Book 21706, Page 0690 Sale Confirmed With: L. Donald, Broker Zoning: D, Downtown Old Bay Character District, Clearwater Comments: This cleared parcel is located across from the Garden Trail Apartment complex with a 35 PA zoning density, 35’ height and 0.5 FAR. The zoning maximum then would allow 35 units or 50 if developed as mixed-use. 14 LAND SALE #3 Location: 1002 N. Garden Avenue, Clearwater Legal Description: Lot 31, Block C, J. J. Eldridge Subdivision, Plat Book 1, Page 85 Date of Sale: August, 2021 Sale Price: $205,000 Size: 63’ x 125’ MOL; 7,875 SF Price PSF: $26.03 Price Per Unit: $34,167 Grantor/Grantee: J. E. Seymour, Sr./Teal Crest Properties, LLC. Recording Data: O.R. Book, 21664 Page 1190 Sale Confirmed With: Keller Williams Realty, Broker Zoning: D, Downtown Old Bay Character District, Clearwater. Comments: This parcel is located near the northern boundary of the Old Bay Character District where density is at 35 PA with a 35’ height and 0.5 FAR. The zoning then would allow 6 units without mixed-uses. 15 LAND SALE #4 Location: 807-809 N. Garden Avenue Clearwater Legal Description: Lot 3 plus S. 25’ of Lot 2, plus part of vacated alley to the east, Block 1, E.P. Merritt Subdivision, Plat Book 7, Page 6 Date of Sale: September, 2021 Sale Price: $542,600 Size: 95’ x 157’ average 14,669 SF Price PSF: $36.99 Price Per Unit: $49,327 Grantor/Grantee: Howard Jimmie/Oceanic Property Holdings Recording Data: O.R. Book 21706, Page 0726 Sale Confirmed With: L. Donald, Broker Zoning: D – Downtown Old Bay Character District, Clearwater Comments: Both sections were improved with older residences to be demolished for redevelopment. The zoning allows a 35 PA density plus 35’ height and a 0.5 FAR. The zoning maximum then would allow 11 units without mixed-uses. 16 LAND SALE #5 Location: East side of Dr. Martin Luther King, Jr. Avenue and north side of Brownell Street, Clearwater Legal Description: Lot 1, Block 4 and Lot 1, Block 1, Moase and Harrison Subdivision, Plat Book H-2, Page 88 Date of Sale: December, 2021 Sale Price: $140,000 Size: 47.6’ x 140’ plus 45’ x 143’; 13,099 SF Price PSF: $10.69 Grantor/Grantee: J. Kehrer/MLK Brownell Land Trust Recording Data: O.R. Book 21867, Page 0608 Sale Confirmed With: RE/MAX ACR Elite Group, Inc. - MLS Zoning: D – Downtown Clearwater, Town Lake Character District Comments: These 2 small lots together are “L” shaped wrapping around the intersection just north of Court/MLK Jr. Avenue. They are treed and grassed and bordered by older residences. The small size and irregular shape resulted in a moderate land price for a future assemblage in an area where most recent parcels have been purchased in the $15.00-$20.00 PSF range for assemblage purposes. 17 LAND SALES RE-CAP CHART Sale # Date Of Sale Sales Price Size In SF Price PSF 1 1/21 $ 70,000 5,488 $12.76 2 8/21 $1,450,000 43,780 $33.12 3 8/21 $ 205,000 7,875 $26.03 4 9/21 $ 542,600 14,669 $36.99 5 12/21 $ 140,000 13,099 $10.69 Subject -- -- 6,470 -- LAND SALES ANALYSIS AND CONCLUSIONS: At the 24 PA density this parcel would allow 3 multi-family units (0.1485 acres @ 24 PA = 3.56) as opposed to the 35 PA for sites in the downtown core area for Land Sales #2, #3 and #4 that sold from $26.03-$36.99 PSF. Sale #1 was not in the Downtown Core and had limited individual use similar to the subject but was of conventional shape. As such, it sold at $12.76 PSF while Sale #5 located in another core district only sold at $10.69 PSF due to its irregular shape. The subject abuts several other smaller parcels and backs up to the Palm Bluff Development Group parcel where assemblage then is very logical. From this data and given the lower density classification for the zoning outside of the core, I would value the subject at from $12.00-$15.00 PSF due to the assemblage likelihood versus Land Sales #1 and #5. 6470 SF @ $12.00 PSF = $77,640 6,470 SF @ $15.00 PSF = $97,050 ROUNDED TO $87,500 ADDENDA QUALIFICATIONS OF THE APPRAISER JAMES M. MILLSPAUGH, MAI APPRAISAL EXPERIENCE: Appraisal experience in Pinellas County, Florida since 1968 when associated with Ross A. Alexander, MAI of Clearwater. Formed James Millspaugh & Associates, June 1980, in Clearwater. The firm concentrates the majority of its appraisal activities in Pinellas County with experience throughout the Tampa/St. Petersburg/ Clearwater MSA. APPRAISAL PLANT DATA: In addition to maintaining its location near the main Pinellas County Courthouse complex for easy access to governmental offices and the official public records maintained in the Clerk’s office for in-depth background research, the firm maintains Marshall Valuation Service Cost Data, online real estate transactions from RealQuest as provided by CoreLogic and MLS sales data provided by MFR.MLSMatrix plus national surveys on lodging, food service, offices, industrial parks, mini-storage, shopping center markets, investor return rates and others. COMMERCIAL APPRAISAL ASSIGNMENTS performed include golf courses, postal facilities, commercial buildings, shopping centers, warehouse/manufacturing buildings, mobile home and R.V. parks, financial institutions, nursing homes, motels, timeshares, restaurants, houses of worship, office buildings, apartment buildings, commercial and residential condominium projects (both proposed and conversions), marinas, theaters, fraternal buildings, school facilities, seaport facilities, railroad corridors, easements, leasehold and leased fee estates, life estates, vacant sites, including environmentally sensitive lands, and condemnation cases involving partial and total takings. Feasibility/market studies have been performed for industrial, office, retail, residential and timeshare markets. APPRAISAL EDUCATION: American Institute of Real Estate Appraisers (AIREA) courses successfully completed: I-A: Basic Principles, Methods and Techniques - 1973 VIII: Single Family Residential Appraisal - 1973 I-B: Capitalization Theory and Techniques - 1974 II: Urban Properties - 1975 IV: Condemnation - 1978 : Standards of Professional Practice - 1992, Parts A & B Society of Real Estate Appraisers (SREA) courses successfully completed: 301: Special Applications of Appraisal Analysis – 1980 JAMES M. MILLSPAUGH, MAI (Qualifications Continued) RECENT SEMINARS ATTENDED: Sponsored by The Appraisal Institute Valuation of Wetlands, 2004. Commercial Highest and Best Use – Case Studies:, 2005. Uniform Standards (Yellow Book) for Federal Land Acquisitions, 2007. Condominiums, Co-Ops and PUDS, 2007. Analyzing Distressed Real Estate, 2007. Appraisal Curriculum Overview, Two-Day General, 2009. Cool Tools: New Technologies for Real Estate Appraisers, 2010. Valuation of Detrimental Conditions, 2010. Analyzing Tenant Credit Risk/Commercial Lease Analysis, 2011. Fundamentals of Separating Real and Personal Property and Intangible Business Assets, 2012. Marketability Studies: Advanced Considerations and Applications, 2013. Lessons From the Old Economy: Working in the New, 2013. Critical Thinking in Appraisals, 2014. Litigation Appraising, 2015. Webinars on the FEMA 50% Rule, Wind Turbine Effects on Value and Contamination and The Valuation Process, 2015. Business Practice and Ethics, 2017. Parking and its Impact on Florida Properties, 2018. Solving Land Valuation Puzzles, 2018. Insurance Appraisals, 2018. Evaluating Commercial Leases, 2019. Artificial Intelligence, AVMs and Blockchain, 2019. Appraising Donated Real Estate Conservation Easements, IRS, 2020. Florida State Law Update, 2020. National USPAP Update, 2020. EDUCATION: Bachelor of Science in Business Administration, University of Florida Associates of Arts, St. Petersburg Junior College PROFESSIONAL AFFILIATIONS AND CERTIFICATION Member: Appraisal Institute with the MAI designation, Certificate #6087, awarded April, 1980. Mr. Millspaugh is a past President of The Gulf Atlantic Florida Chapter of the AI (formerly Florida Chapter No. 2), served as an admissions team leader for the West Coast Florida Chapter, is the past Chairman for the National Ethics Administration Division of the Appraisal Institute and served as the Region X Member of the Appellate Division of the Appraisal Institute. Mr. Millspaugh is a State-Certified General Real Estate Appraiser (RZ58) and has served as a pro-bono expert witness for the Florida Real Estate Appraisal Board. Member: Pinellas Realtors Organization, National Association of Realtors Note: The AIREA and SREA merged into one organization on January 1, 1991, that is now known as the AI - Appraisal Institute. STANDARD DEFINITIONS HIGHEST AND BEST USE: 1. The reasonably probable use of property that results in the highest value. The four criteria that the highest and best use must meet are legal permissibility, physical possibility, financial feasibility, and maximal productivity. 2. The use of an asset that maximizes its potential and that is possible, legally permissible, and financially feasible. The highest and best use may be for continuation of an assets existing use or for some alternative use. This is determined by the use that a market participant would have in mind for the asset when formulating the price that it would be willing to bid. (IVS) 3. [The] highest and most profitable use for which the property is adaptable and needed or likely to be needed in the reasonably near future. (Uniform Appraisal Standards For Federal Land Acquisitions) FEE SIMPLE ESTATE: Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat. LEASEHOLD INTEREST: The right held by the lessee to use and occupy real estate for a stated term and under conditions specified in the lease. LEASED FEE INTEREST: The ownership interest held by the lessor, which includes the right to receive the contract rent specified in the lease plus the reversionary right when the lease expires. REPLACEMENT COST: The estimated cost to construct, at current prices as of a specific date, a substitute for a building or other improvements, using modern materials and current standards, design and layout. REPRODUCTION COST: The estimated cost to construct, at current prices as of the effective date of the appraisal, an exact duplicate or replica of the building being appraised, using the same materials, construction standards, design, layout and quality of workmanship and embodying all the deficiencies, super-adequacies, and obsolescence of the subject building. ------------------------------------------------------------------- 2. Appraisal Institute, The Dictionary of Real Estate Appraisal - Sixth Edition, 2015. pages 109, 90, 128, 197 and 198. North Garden Avenue50' R/WPOINT OF COMMENCEMENT SW COR OF SD LOT 36 121.50' ± POINT OF BEGINNING J.J. Eldridge Subdivision Plat Book 1, Page 85 Lot 37 12.50' 125.00'33.70'65.07'41.30'9.30'Lot 36 Lot 35 Lot 42 Lot 41 Lot 40 Lot 38 Parcel Number: 09-29-15-25542-004-0360 ELDRIDGE, J.J. PART OF LOTS 36 & 37 DESC FROM SW COR OF SD LOT 36 TH NE'LY 33.7FT ALG W'LY LOT LINE FOR POB TH CONT NE'LY 41.3FT ALG W'LY LOT LINE TO POINT 12.5FT N OF SW COR OF SD LOT 37 TH E'LY 125 FT ALG LINE PARALLEL TO S BNDRY OF LOT 37 TO E'LY BNDRY OF SD LOT 37 TH SW'LY 65.07FT ALG E'LY LOT LINES TO POINT 9.30FT N OF SE COR OF LOT 36 TH NW'LY TO POB AS RECORDED IN PB OH1 AT PAGE 85 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. DRAWN BY CHECKED BY DATE DRAWN SECT-TWNSP-RNG SHEETDWG. NO. OF -- CITY OF CLEARWATER ENGINEERING DEPARTMENT Exhibit A Declaration of Surplus North Garden Avenue Vacant LotJABTLM 06/16/2022 Lgl_2022-12 1 1 09 29S 15E This is not a survey N.T.S. Legal Description Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0827 Agenda Date: 8/18/2022 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: Planning & Development Agenda Number: 8.3 SUBJECT/RECOMMENDATION: Approve the first amendment to an existing Development Agreement between Beachrock Lodging LLLP (the property owner) and the City of Clearwater for property located at 325 Gulfview Boulevard and 326 Coronado Drive, set a new date by which time site plan approval must be obtained, adopt Resolution 22-06 and authorize the appropriate officials to execute same. (HDA2013-08004A) SUMMARY: Development Proposal: No changes have been made to the Development Proposal presented at the August 4, 2022 Council meeting. This proposed first amendment will reduce the proposed height of the building from 140 feet to no more than 100 feet along with associated changes to the building design. There is no change in the site area (1.60 acres), density (113 units per acre) or the total number of allocated (100) or proposed (180) hotel units. The owners propose to utilize the otherwise permitted density of 50 units per acre or 80 units associated with the 1.60 acre-site and incorporate the previously approved allocation of an additional 100 units from the Hotel Density Reserve through Beach by Design resulting in a total of 180 units as originally approved. The request includes a new conceptual site plan and accompanying building elevations (Exhibit B) and certain changes to the Development Agreement as listed below. §Section 4.4 is updated to show a decrease in height from 140 feet to more than 100 feet. §Exhibit B is updated to reflect the revised conceptual site plan and elevations. The current proposal continues to be to demolish all structures on the site and redevelop the site with a 180-unit overnight accommodation use (113 rooms per acre, including the allocation of 100 rooms from the Hotel Density Reserve). The building will be no more than 100 feet as measured from the point at which minimum floor elevations have been established by law to flat roof with parking on the first two levels. The proposal includes a tropical modern architecture, which is consistent with and complements the tropical vernacular envisioned in Beach by Design. Consistency with the Community Development Code: No changes have been made to the Conceptual Site Plan presented at the August 4, 2022 Page 1 City of Clearwater Printed on 8/17/2022 File Number: ID#22-0827 Council meeting. The Conceptual Site Plan continues to appear to be consistent with the CDC regarding: §Minimum Lot Area and Width §Minimum Setbacks §Maximum Height §Minimum Off-Street Parking §Landscaping Consistency with Beach by Design: No changes have been made to the Conceptual Site Plan presented at the August 4, 2022 Council meeting. The Conceptual Site Plan continues to appear to be consistent with the Beach by Design with regard to: §Design Guidelines §Hotel Density Reserve Standards for Development Agreements: The proposal is in compliance with the standards for development agreements, is consistent with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach by Design. The proposed first amended and restated amendment to the existing Development Agreement will be in effect for a period not to exceed ten years, meets the criteria for the allocation of rooms from the Hotel Density Reserve under Beach by Design and includes the following main provisions: ·Provides for no change in the number of units (100 units) allocated from the Hotel Density Reserve (previously approved as part of HDA2013-08004/Resolution No. 14-11); ·Revises Exhibit B which includes new conceptual site plans, architectural drawings, elevations and perspectives; ·Requires the developer to obtain building permits within one year of approval of the amended and restated Development Agreement and certificates of occupancy in accordance with Community Development Code (CDC) Section 4-407; ·Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed; ·Prohibits the conversion of any hotel unit allocated from the Hotel Density Reserve to a residential use and requires the recording of a covenant restricting use of such hotel units to overnight accommodations usage; and ·Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. Changes to Development Agreements: Pursuant to Section 4-606.I., CDC, a Development Agreement may be amended by mutual consent of the parties, provided the notice and public hearing requirements of Section 4-206 are followed. Revisions to conceptual site plans and/or architectural elevations attached as exhibits to this Development Agreement shall be governed by the provisions of Section 4-406, CDC. Minor revisions to such plans may be approved by the Community Development Coordinator. Other revisions not specified as minor shall require an amendment to this Development Agreement. Page 2 City of Clearwater Printed on 8/17/2022 File Number: ID#22-0827 Summary and Recommendation The proposal appears to be generally consistent with applicable components of the Community Development Code and Beach by Design and staff is supportive of the request. Page 3 City of Clearwater Printed on 8/17/2022 Resolution No. 22-06 RESOLUTION NO. 22-06 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA AMENDING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CLEARWATER AND BEACHROCK LODGING LLLP PROVIDING AN EFFECTIVE DATE. WHEREAS, the City and the Developer are parties to that certain Hotel Density Reserve Development Agreement (the “Agreement”) dated May 28, 2014, and the Agreement is attached as Exhibit “1;” and WHEREAS, the City and the Developer desire to amend certain terms and provisions of the Agreement, as more fully set forth in the attached Exhibit “2;” and, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section1. The FIRST AMENDMENT TO THE HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT between the City of Clearwater and BEACHROCK LODGING LLLP (as assigned), a copy of which is attached as Exhibit “2,” is hereby approved. Section 2. This resolution shall take effect immediately upon adoption. Section 3. The City Clerk is directed to submit a recorded copy of the Development Agreement to the state land planning agency no later than fourteen (14) days after the Development Agreement is recorded. PASSED AND ADOPTED this _______ day of _____________, 2022. ____________________________ Frank Hibbard Mayor Approved as to form: Attest: __________________________ _____________________________ Matthew Mytych Rosemarie Call Assistant City Attorney City Clerk ISTVAN L. PETERANECZAR94533FLORIDAISSUE DATE:PROJECT TITLE:ISSUED DRAWING LOG:PROJECT NO:DRAWING TITLE:SHEET:ITEM:DATE:$$&/($5:$7(55RJHUV6WUHHWW_I7KLVGUDZLQJVLVWKHSURSHUW\RIEHKDUSHWHUDQHF]LQFDQGPD\QRWEHXVHGRUUHSURGXFHGZLWKRXWZULWWHQSHUPLVVLRQIURPEHKDUSHWHUDQHF]LQFA-0012-28-2014MISC VIEWSMAI14.01DVA APPLICATIONMAINSTREAM HOTELPARCEL ACLEARWATER, FLORIDA ISTVAN L. PETERANECZAR94533FLORIDAISSUE DATE:PROJECT TITLE:ISSUED DRAWING LOG:PROJECT NO:DRAWING TITLE:SHEET:ITEM:DATE:$$&/($5:$7(55RJHUV6WUHHWW_I7KLVGUDZLQJVLVWKHSURSHUW\RIEHKDUSHWHUDQHF]LQFDQGPD\QRWEHXVHGRUUHSURGXFHGZLWKRXWZULWWHQSHUPLVVLRQIURPEHKDUSHWHUDQHF]LQFA-0022-28-2014MISC VIEWSMAI14.01DVA APPLICATIONMAINSTREAM HOTELPARCEL ACLEARWATER, FLORIDA A-2021A-201A-202A-201122POOL DECKPLAZA DECK13 - STORY HOTELPARKING DECKAND RAMPPARKINGENTRYSERVICEDRIVEPARKINGRAMPP/LP/LP/LP/LP/LP/LP/LEXISTING5-STORYBUILDINGEXISTING5-STORYBUILDINGCCCLZONE VE (BASE 14')ZONE VE (BASE 13')ZONE AE (BASE 11')ZONE AE (BASE 12')ZONE VE (BASE 13')ZONE AE (BASE 12')GULF VIEW BOULEVARDCORONADO DRIVE14"pp10' - 1 1/2"0' - 6"10' - 0"A-2032A-2042A-2031A-2041SETBACK10' - 0"SETBACK10' - 0"SETBACK10' - 0"SETBACK10' - 0"0' SETBACKSETBACK15' - 0"LANDSCAPEPLANTERSLANDSCAPEPLANTERSLANDSCAPELANDSCAPELANDSCAPESIDEWALKPEDESTRIANENTRYLANDSCAPELANDSCAPELANDSCAPEPUBLIC PLAZAAREAISTVAN L. PETERANECZAR94533FLORIDAISSUE DATE:PROJECT TITLE:ISSUED DRAWING LOG:PROJECT NO:DRAWING TITLE:SHEET:ITEM:DATE:$$&/($5:$7(55RJHUV6WUHHWW_I7KLVGUDZLQJVLVWKHSURSHUW\RIEHKDUSHWHUDQHF]LQFDQGPD\QRWEHXVHGRUUHSURGXFHGZLWKRXWZULWWHQSHUPLVVLRQIURPEHKDUSHWHUDQHF]LQFA-0032-28-2014SITE PLANMAI14.01DVA APPLICATIONMAINSTREAM HOTELPARCEL ACLEARWATER, FLORIDA 1" = 20'-0"1SitePROJECTNORTH UPUPUPUPA-2021A-201A-202A-201122GARAGEENTRY3BACK OFHOUSESTAIRSTAIR99412148384 SPACES855412%RAMPUP11%RAMPUPP/LP/LP/LP/LP/LP/LP/LSTAIRHOTELENTRYELEVLOBBY18' - 0" 24' - 0" 18' - 0"18' - 0" 25' - 9" 18' - 0" 18' - 0" 24' - 0" 18' - 0"18' - 0"27' - 0"24' - 0" 7' - 0"18' - 0"30' - 0"18' - 0"24' - 0"6' - 8"24' - 0"16' - 2"91' - 8 1/2"96' - 9 1/2"14' - 6"219' - 2"88' - 0" 20' - 6" 92' - 6" 18' - 4"219' - 4"7' - 0 1/2"TYP.9' - 0"72' - 1" 64' - 1" 62' - 6" 30' - 0" 14' - 5"243' - 1"4' - 0"8' - 0"23' - 10"100' - 0"20' - 0"A-2032A-2042A-2031A-2041ISTVAN L. PETERANECZAR94533FLORIDAISSUE DATE:PROJECT TITLE:ISSUED DRAWING LOG:PROJECT NO:DRAWING TITLE:SHEET:ITEM:DATE:$$&/($5:$7(55RJHUV6WUHHWW_I7KLVGUDZLQJVLVWKHSURSHUW\RIEHKDUSHWHUDQHF]LQFDQGPD\QRWEHXVHGRUUHSURGXFHGZLWKRXWZULWWHQSHUPLVVLRQIURPEHKDUSHWHUDQHF]LQFA-1012-28-2014GROUNDLEVEL PLANMAI14.01DVA APPLICATIONMAINSTREAM HOTELPARCEL ACLEARWATER, FLORIDA 1/16" = 1'-0"1Level 1 - GradePROJECTNORTH DNUPDNUPUPDNDNA-2021A-201A-202A-201122987312RAMPDOWN11%RAMPDOWN412%43 SPACESSTAIRSTAIROPEN TOBELOWOPEN TOBELOWBOHPUBLIC/LOBBYDINING/COMMERCIALTERRACEPLAZARAMPUPRAMPDNSTAIRP/LP/LP/LP/LP/LP/LP/LENTRYDRIVEBELOWBUILDINGABOVEBUILDINGABOVE9%12%18' - 0" 24' - 0" 18' - 2"18' - 0" 24' - 0" 10' - 11 1/2"24' - 0"24' - 0"6' - 0"A-2032A-2042A-2031A-2041ISTVAN L. PETERANECZAR94533FLORIDAISSUE DATE:PROJECT TITLE:ISSUED DRAWING LOG:PROJECT NO:DRAWING TITLE:SHEET:ITEM:DATE:$$&/($5:$7(55RJHUV6WUHHWW_I7KLVGUDZLQJVLVWKHSURSHUW\RIEHKDUSHWHUDQHF]LQFDQGPD\QRWEHXVHGRUUHSURGXFHGZLWKRXWZULWWHQSHUPLVVLRQIURPEHKDUSHWHUDQHF]LQFA-1022-28-2014LEVEL TWOPLANMAI14.01DVA APPLICATIONMAINSTREAM HOTELPARCEL ACLEARWATER, FLORIDA 1/16" = 1'-0"1Level 2PROJECTNORTHPROJECTNORTH DNUPDNUPDNUPA-2021A-201A-202A-20112212%12%RAMPUPRAMPDN865 SPACES81218811LOBBYSTAIRSTAIRP/LP/LP/LP/LP/LP/LP/L18' - 0"27' - 0"18' - 0" 24' - 0" 18' - 0" 18' - 0" 24' - 0" 18' - 0"18' - 0"24' - 0"6' - 0"PARKINGBELOWPARKINGBELOWA-2032A-2042A-2031A-2041ISTVAN L. PETERANECZAR94533FLORIDAISSUE DATE:PROJECT TITLE:ISSUED DRAWING LOG:PROJECT NO:DRAWING TITLE:SHEET:ITEM:DATE:$$&/($5:$7(55RJHUV6WUHHWW_I7KLVGUDZLQJVLVWKHSURSHUW\RIEHKDUSHWHUDQHF]LQFDQGPD\QRWEHXVHGRUUHSURGXFHGZLWKRXWZULWWHQSHUPLVVLRQIURPEHKDUSHWHUDQHF]LQFA-1032-28-2014LEVEL THREEPLANMAI14.01DVA APPLICATIONMAINSTREAM HOTELPARCEL ACLEARWATER, FLORIDA 1/16" = 1'-0"1Level 3PROJECTNORTH DNUPDNUPDNA-2021A-201A-202A-20112212%9RAMPDN42 SPACES7903 SFMEETING/PRE-FUNCTIONS377511POOLABOVELOBBYSTAIRSTAIRPARKINGBELOWPARKINGBELOWSTAIRP/LP/LP/LP/LP/LP/LP/LMECHMECHMECHSTORAGE79' - 6"18' - 0" 24' - 0" 18' - 0" 18' - 0" 24' - 0" 18' - 0"15' - 0"18' - 0"27' - 0"27' - 0"A-2032A-2042A-2031A-2041ISTVAN L. PETERANECZAR94533FLORIDAISSUE DATE:PROJECT TITLE:ISSUED DRAWING LOG:PROJECT NO:DRAWING TITLE:SHEET:ITEM:DATE:$$&/($5:$7(55RJHUV6WUHHWW_I7KLVGUDZLQJVLVWKHSURSHUW\RIEHKDUSHWHUDQHF]LQFDQGPD\QRWEHXVHGRUUHSURGXFHGZLWKRXWZULWWHQSHUPLVVLRQIURPEHKDUSHWHUDQHF]LQFA-1042-28-2014LEVEL FOURPLANMAI14.01DVA APPLICATIONMAINSTREAM HOTELPARCEL ACLEARWATER, FLORIDA 1/16" = 1'-0"1Level 4PROJECTNORTH DNDNDNUPDNUPA-2021A-201A-202A-201122ELEVLOBBYSTAIRSTAIRBOARDROOMQQ/KQQ/KQQ/KQQ/KQQ/KQQ/KQQ/KSUITESUITEQQ/K QQ/K QQ/K QQ/K QQ/K SUITE SUITE SUITECORRIDORROOFBELOWPARKINGBELOWPARKINGBELOWEXERCISE/ POOLBARUPPERPOOLPLAZAPOOLLOWERPOOLPLAZAP/LP/LP/LP/LP/LP/LP/LA-2032A-2042A-2031A-2041ISTVAN L. PETERANECZAR94533FLORIDAISSUE DATE:PROJECT TITLE:ISSUED DRAWING LOG:PROJECT NO:DRAWING TITLE:SHEET:ITEM:DATE:$$&/($5:$7(55RJHUV6WUHHWW_I7KLVGUDZLQJVLVWKHSURSHUW\RIEHKDUSHWHUDQHF]LQFDQGPD\QRWEHXVHGRUUHSURGXFHGZLWKRXWZULWWHQSHUPLVVLRQIURPEHKDUSHWHUDQHF]LQFA-1052-28-2014LEVEL FIVEPLANMAI14.01DVA APPLICATIONMAINSTREAM HOTELPARCEL ACLEARWATER, FLORIDA 1/16" = 1'-0"1Level 5PROJECTNORTH DNUPDNUPA-2021A-201A-202A-201122SUITEQQ/KQQ/K QQ/K QQ/K QQ/K SUITE SUITE SUITE SUITE SUITE QQ/K QQ/K QQ/KSUITE QQ/K QQ/K QQ/K QQ/K QQ/K QQ/K QQ/KQQ/KQQ/KELEVLOBBYHSKPCORRIDORP/LP/LP/LP/LP/LP/LP/LA-2032A-2042A-2031A-2041ISTVAN L. PETERANECZAR94533FLORIDAISSUE DATE:PROJECT TITLE:ISSUED DRAWING LOG:PROJECT NO:DRAWING TITLE:SHEET:ITEM:DATE:$$&/($5:$7(55RJHUV6WUHHWW_I7KLVGUDZLQJVLVWKHSURSHUW\RIEHKDUSHWHUDQHF]LQFDQGPD\QRWEHXVHGRUUHSURGXFHGZLWKRXWZULWWHQSHUPLVVLRQIURPEHKDUSHWHUDQHF]LQFA-1062-28-2014LEVEL SIX -NINE PLANMAI14.01DVA APPLICATIONMAINSTREAM HOTELPARCEL ACLEARWATER, FLORIDA 1/16" = 1'-0"1Level 6 - 9PROJECTNORTH DNUPA-2021A-201A-202A-201122QQ/K QQ/K QQ/K QQ/K QQ/KSUITE SUITE SUITE SUITE SUITECORRIDORSUITE QQ/K QQ/K QQ/K QQ/K QQ/K QQ/KSTAIRSTAIRHSKPROOFBELOWROOFBELOWPLAZABELOWP/LP/LP/LP/LP/LP/LP/LA-2032A-2042A-2031A-2041ISTVAN L. PETERANECZAR94533FLORIDAISSUE DATE:PROJECT TITLE:ISSUED DRAWING LOG:PROJECT NO:DRAWING TITLE:SHEET:ITEM:DATE:$$&/($5:$7(55RJHUV6WUHHWW_I7KLVGUDZLQJVLVWKHSURSHUW\RIEHKDUSHWHUDQHF]LQFDQGPD\QRWEHXVHGRUUHSURGXFHGZLWKRXWZULWWHQSHUPLVVLRQIURPEHKDUSHWHUDQHF]LQFA-1072-28-2014LEVEL TEN -THIRTEENPLANMAI14.01DVA APPLICATIONMAINSTREAM HOTELPARCEL ACLEARWATER, FLORIDA 1/16" = 1'-0"1Level 10 - 13PROJECTNORTH Level 20' - 0"Level 314' - 0"BFE-2' - 0"Sea Level-16' - 0"Level 1 - Grade-11' - 0"Level 424' - 8"Level 539' - 4"Level 650' - 0"Level 760' - 8"Level 871' - 4"Level 982' - 0"Level 1094' - 0"Level 11104' - 8"Level 12115' - 4"Level 13126' - 0"Roof138' - 0"Top of ElevatorOverrun146' - 8"Level 4.534' - 0"14' - 0"10' - 8"9' - 4"5' - 4"10' - 8"10' - 8"10' - 8"10' - 8"12' - 0"10' - 8"10' - 8"10' - 8"12' - 0"8' - 8"140' - 0"9' - 0"2' - 0"STEPBACK38' - 8"STEPBACK16' - 6"P/LP/LP/LSTEPBACK59' - 4"148' - 8"100' - 0"Level 20' - 0"Level 314' - 0"BFE-2' - 0"Sea Level-16' - 0"Level 1 - Grade-11' - 0"Level 424' - 8"Level 539' - 4"Level 650' - 0"Level 760' - 8"Level 871' - 4"Level 982' - 0"Level 1094' - 0"Level 11104' - 8"Level 12115' - 4"Level 13126' - 0"Roof138' - 0"Top of ElevatorOverrun146' - 8"Level 4.534' - 0"140' - 0"8' - 8"12' - 0"10' - 8"10' - 8"10' - 8"12' - 0"10' - 8"10' - 8"10' - 8"10' - 8"5' - 4"9' - 4"10' - 8"14' - 0"2' - 0"9' - 0"STEPBACK14' - 6"STEPBACK38' - 8"P/LP/L148' - 8"100' - 0"ISTVAN L. PETERANECZAR94533FLORIDAISSUE DATE:PROJECT TITLE:ISSUED DRAWING LOG:PROJECT NO:DRAWING TITLE:SHEET:ITEM:DATE:$$&/($5:$7(55RJHUV6WUHHWW_I7KLVGUDZLQJVLVWKHSURSHUW\RIEHKDUSHWHUDQHF]LQFDQGPD\QRWEHXVHGRUUHSURGXFHGZLWKRXWZULWWHQSHUPLVVLRQIURPEHKDUSHWHUDQHF]LQFA-2012-28-2014EXTERIORELEVATIONSMAI14.01DVA APPLICATIONMAINSTREAM HOTELPARCEL ACLEARWATER, FLORIDA 1/16" = 1'-0"1West 1/16" = 1'-0"2East Level 20' - 0"Level 314' - 0"BFE-2' - 0"Sea Level-16' - 0"Level 1 - Grade-11' - 0"Level 424' - 8"Level 539' - 4"Level 650' - 0"Level 760' - 8"Level 871' - 4"Level 982' - 0"Level 1094' - 0"Level 11104' - 8"Level 12115' - 4"Level 13126' - 0"Roof138' - 0"Top of ElevatorOverrun146' - 8"Level 4.534' - 0"140' - 0"8' - 8"12' - 0"10' - 8"10' - 8"10' - 8"12' - 0"10' - 8"10' - 8"10' - 8"10' - 8"5' - 4"9' - 4"10' - 8"14' - 0"2' - 0"STEPBACK21' - 2"STEPBACK92' - 6"STEPBACK32' - 6"P/LP/L148' - 8"9' - 0"100' - 0"Level 20' - 0"Level 314' - 0"BFE-2' - 0"Sea Level-16' - 0"Level 1 - Grade-11' - 0"Level 424' - 8"Level 539' - 4"Level 650' - 0"Level 760' - 8"Level 871' - 4"Level 982' - 0"Level 1094' - 0"Level 11104' - 8"Level 12115' - 4"Level 13126' - 0"Roof138' - 0"Top of ElevatorOverrun146' - 8"Level 4.534' - 0"8' - 8"12' - 0"10' - 8"10' - 8"10' - 8"12' - 0"10' - 8"10' - 8"10' - 8"10' - 8"5' - 4"9' - 4"10' - 8"14' - 0"2' - 0"9' - 0"STEPBACK92' - 6"STEPBACK53' - 8"P/L15' - 6"P/L140' - 0"148' - 8"100' - 0"ISTVAN L. PETERANECZAR94533FLORIDAISSUE DATE:PROJECT TITLE:ISSUED DRAWING LOG:PROJECT NO:DRAWING TITLE:SHEET:ITEM:DATE:$$&/($5:$7(55RJHUV6WUHHWW_I7KLVGUDZLQJVLVWKHSURSHUW\RIEHKDUSHWHUDQHF]LQFDQGPD\QRWEHXVHGRUUHSURGXFHGZLWKRXWZULWWHQSHUPLVVLRQIURPEHKDUSHWHUDQHF]LQFA-2022-28-2014EXTERIORELEVATIONSMAI14.01DVA APPLICATIONMAINSTREAM HOTELPARCEL ACLEARWATER, FLORIDA 1/16" = 1'-0"1North 1/16" = 1'-0"2South Level 20' - 0"Level 314' - 0"BFE-2' - 0"Sea Level-16' - 0"Level 1 - Grade-11' - 0"Level 424' - 8"Level 539' - 4"Level 650' - 0"Level 760' - 8"Level 871' - 4"Level 982' - 0"Level 1094' - 0"Level 11104' - 8"Level 12115' - 4"Level 13126' - 0"Roof138' - 0"Top of ElevatorOverrun146' - 8"Level 4.534' - 0"150' - 0"45' - 0"P/LP/LLevel 20' - 0"Level 314' - 0"BFE-2' - 0"Sea Level-16' - 0"Level 1 - Grade-11' - 0"Level 424' - 8"Level 539' - 4"Level 650' - 0"Level 760' - 8"Level 871' - 4"Level 982' - 0"Level 1094' - 0"Level 11104' - 8"Level 12115' - 4"Level 13126' - 0"Roof138' - 0"Top of ElevatorOverrun146' - 8"Level 4.534' - 0"150' - 0"45' - 0"P/LP/LTHEORETICALAREASACTUAL AREA %24,062 SQ FT. 18 %ELEVATIONNORTH24,010 SQ FT. 33 %SOUTH22,620 SQ FT. 0 SQ. FT. 100 %EAST22,760 SQ FT. 0 SQ. FT. 100 %WEST93,452 SQ FT. 11,973 SQ. FT. 13 %TOTAL:ISTVAN L. PETERANECZAR94533FLORIDAISSUE DATE:PROJECT TITLE:ISSUED DRAWING LOG:PROJECT NO:DRAWING TITLE:SHEET:ITEM:DATE:$$&/($5:$7(55RJHUV6WUHHWW_I7KLVGUDZLQJVLVWKHSURSHUW\RIEHKDUSHWHUDQHF]LQFDQGPD\QRWEHXVHGRUUHSURGXFHGZLWKRXWZULWWHQSHUPLVVLRQIURPEHKDUSHWHUDQHF]LQFA-2032-28-2014THEORETICALELEVATIONSMAI14.01DVA APPLICATIONMAINSTREAM HOTELPARCEL ACLEARWATER, FLORIDA 1/16" = 1'-0"1Theoretical West Elevation 1/16" = 1'-0"2Theoretical East Elevation Level 20' - 0"Level 314' - 0"BFE-2' - 0"Sea Level-16' - 0"Level 1 - Grade-11' - 0"Level 424' - 8"Level 539' - 4"Level 650' - 0"Level 760' - 8"Level 871' - 4"Level 982' - 0"Level 1094' - 0"Level 11104' - 8"Level 12115' - 4"Level 13126' - 0"Roof138' - 0"Top of ElevatorOverrun146' - 8"Level 4.534' - 0"P/LP/L150' - 0"45' - 0"THEORETICALAREASACTUAL AREA %24,062 SQ FT. 4,182 SQ. FT. 18 %ELEVATIONNORTH24,010 SQ FT. 7,791 SQ. FT. 33 %SOUTH22,620 SQ FT. 0 SQ. FT. 100 %EAST22,760 SQ FT. 0 SQ. FT. 100 %WEST93,452 SQ FT. 11,973 SQ. FT. 13 %TOTAL:Level 20' - 0"Level 314' - 0"BFE-2' - 0"Sea Level-16' - 0"Level 1 - Grade-11' - 0"Level 424' - 8"Level 539' - 4"Level 650' - 0"Level 760' - 8"Level 871' - 4"Level 982' - 0"Level 1094' - 0"Level 11104' - 8"Level 12115' - 4"Level 13126' - 0"Roof138' - 0"Top of ElevatorOverrun146' - 8"Level 4.534' - 0"150' - 0"45' - 0"P/LP/LISTVAN L. PETERANECZAR94533FLORIDAISSUE DATE:PROJECT TITLE:ISSUED DRAWING LOG:PROJECT NO:DRAWING TITLE:SHEET:ITEM:DATE:$$&/($5:$7(55RJHUV6WUHHWW_I7KLVGUDZLQJVLVWKHSURSHUW\RIEHKDUSHWHUDQHF]LQFDQGPD\QRWEHXVHGRUUHSURGXFHGZLWKRXWZULWWHQSHUPLVVLRQIURPEHKDUSHWHUDQHF]LQFA-2042-28-2014THEORETICALELEVATIONSMAI14.01DVA APPLICATIONMAINSTREAM HOTELPARCEL ACLEARWATER, FLORIDA 1/16" = 1'-0"1Theoretical North Elevation 1/16" = 1'-0"2Theoretical South Elevation 21' - 6"59' - 0"43' - 4"20' - 0"72' - 4"GULFVIEW BOULEVARDCORONADO DRIVE88' - 0"20' - 6"92' - 6"14' - 5"72' - 1"64' - 1"62' - 6"30' - 0"14' - 5"4' - 0"14' - 6"96' - 9 1/2"91' - 8 1/2"16' - 2"GULFVIEW BOULEVARDCORONADO DRIVE15' CORONADO DRIVESTEPBACK15' CORONADO DRIVESTEPBACK83' - 1 1/2"7' - 0 1/2"72' - 1"64' - 1"62' - 6"30' - 0"14' - 5"72' - 4"20' - 0"43' - 4"59' - 0"GULFVIEW BOULEVARDCORONADO DRIVE15' CORONADO DRIVESTEPBACK15' CORONADO DRIVESTEPBACK16' - 2"91' - 8 1/2"96' - 9 1/2"14' - 6"4' - 0"3' - 5"14' - 3 1/2"92' - 5 1/2"20' - 7 1/2"88' - 11"GULFVIEW BOULEVARDCORONADO DRIVEISTVAN L. PETERANECZAR94533FLORIDAISSUE DATE:PROJECT TITLE:ISSUED DRAWING LOG:PROJECT NO:DRAWING TITLE:SHEET:ITEM:DATE:$$&/($5:$7(55RJHUV6WUHHWW_I7KLVGUDZLQJVLVWKHSURSHUW\RIEHKDUSHWHUDQHF]LQFDQGPD\QRWEHXVHGRUUHSURGXFHGZLWKRXWZULWWHQSHUPLVVLRQIURPEHKDUSHWHUDQHF]LQFA-3012-28-2014MASSINGSTUDYMAI14.01DVA APPLICATIONMAINSTREAM HOTELPARCEL ACLEARWATER, FLORIDA4MASS MODEL - SW CORNER2MASS MODEL - NE CORNER3MASS MODEL - SE CORNER1MASS MODEL - NW CORNER ISTVAN L. PETERANECZAR94533FLORIDAISSUE DATE:PROJECT TITLE:ISSUED DRAWING LOG:PROJECT NO:DRAWING TITLE:SHEET:ITEM:DATE:$$&/($5:$7(55RJHUV6WUHHWW_I7KLVGUDZLQJVLVWKHSURSHUW\RIEHKDUSHWHUDQHF]LQFDQGPD\QRWEHXVHGRUUHSURGXFHGZLWKRXWZULWWHQSHUPLVVLRQIURPEHKDUSHWHUDQHF]LQFA-3022-28-2014ISOMETRICSTUDYMAI14.01DVA APPLICATIONMAINSTREAM HOTELPARCEL ACLEARWATER, FLORIDA23D MODEL - NE CORNER13D MODEL - NW CORNER33D MODEL - SE CORNER43D MODEL - SW CORNER R 500' - 0"R 500' - 0"233'R 500' - 0"R 800' - 0"100' - 0"100' - 0"BUILDINGS OVER 100' HEIGHT800' RADIUS BETWEEN BUILDINGS500' RADIUS BETWEEN BUILDINGS100' BUILDING SEPARATIONISTVAN L. PETERANECZAR94533FLORIDAISSUE DATE:PROJECT TITLE:ISSUED DRAWING LOG:PROJECT NO:DRAWING TITLE:SHEET:ITEM:DATE:$$&/($5:$7(55RJHUV6WUHHWW_I7KLVGUDZLQJVLVWKHSURSHUW\RIEHKDUSHWHUDQHF]LQFDQGPD\QRWEHXVHGRUUHSURGXFHGZLWKRXWZULWWHQSHUPLVVLRQIURPEHKDUSHWHUDQHF]LQFA-3032-28-2014BUILDINGSEPARATIONSMAI14.01DVA APPLICATIONMAINSTREAM HOTELPARCEL ACLEARWATER, FLORIDA HDA3013‐08004 325 S Gulfview Blvd, Parcel A 2014 1 Rev. 04/07/2014 ATTACHMENT A Mainstream Parcel “A” LEGAL DESCRIPTION DESCRIPTION: (AS PROVIDED BY CLIENT) PROJECT AREA ‐ PARCEL "A" PARCEL 10: LOT 111 AND THE NORTHERLY 1/2 OF LOT 112, THE LLOYD‐WHITE‐ SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. PARCEL 11: THE SOUTHERLY 1/2 OF LOT 112 AND ALL OF LOTS 113, 114, 115, 116 AND 117, THE LLOYD‐WHITE‐SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; AND LOTS 63 THROUGH 66, INCLUSIVE, THE LLOYD‐WHITE‐SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. TOGETHER WITH THE FOLLOWING PROPOSED GULF VIEW BOULEVARD RIGHT‐OF‐WAY VACATION: THE EASTERLY 35.00 FEET OF THE GULF VIEW BOULEVARD RIGHT‐OF‐WAY (70.00 FEET TOTAL WIDTH PER PLAT), LOCATED ADJACENT TO THE WESTERLY LINE OF LOTS 63 THROUGH 66, INCLUSIVE, THE LLOYD‐WHITE‐SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. PROPOSED RIGHT‐OF‐WAY VACATION ADDED PER DIRECTION OF CLIENT. CONTAINING 1.60 ACRES MORE OR LESS. 1 Return to: City Attorney’s Office City of Clearwater P.O. Box 4748 Clearwater, FL 33758 Amendment to Development Agreement THIS AMENDMENT to DEVELOPMENT AGREEMENT (“Amendment”) is dated the ____ day of _______________, 2022 and entered into between Beachrock Lodging LLLP, a Florida limited partnership (“Developer”), its successors and assigns, and the CITY OF CLEARWATER, FLORIDA, a municipality of the State of Florida acting though its City Council, the governing body thereof (“City”). Recitals: WHEREAS, Sections 163.3220 - 163.3243, Florida Statutes, which set forth the Florida Local Government Development Agreement Act ("Act"), authorize the City to enter into binding development agreements with persons having a legal or equitable interest in real property located within the corporate limits of the City; and WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4-606 of the City of Clearwater Community Development Code ("Code"), establishing procedures and requirements to consider and enter into development agreements; and WHEREAS, the City and Mainstream Partners VIII, LTD, (“Original Developer”) entered into a Hotel Density Reserve Development Agreement (HDA2013-08004, Resolution 14-11) dated May 28, 2014 and recorded at Official Records Book 18431, Page 535 in the public records of Pinellas County (“Development Agreement”); and WHEREAS, the Original Developer’s interest in the Development Agreement was assigned to Ker Holdings Beachview, LLC, and subsequently assigned to Developer (Beachrock Lodging LLLP), as consented to by the City by execution of a Joinder of the Assignment dated July 28, 2021; and WHEREAS, Beach by Design proposed additional hotel units to equalize development opportunities on the beach and ensure Clearwater Beach remains a quality, family resort community by further providing for a limited pool of additional hotel units (“Hotel Density Reserve”) to be made available for mid-sized hotel projects; and WHEREAS, the Development Agreement provided one hundred (100) units from the Hotel Density Reserve to the Developer to be utilized on 1.6 acres of real property (as described in the Development Agreement as “Property”); and WHEREAS, maximum density permitted on the Property, pursuant to Beach by Design, is 150 units per acre; and the Development Agreement provided for a density of 113 hotel units per acre; and WHEREAS, the Developer desires to modify the Project design as provided for herein and in Exhibit B, attached hereto and made part hereof; and WHEREAS, upon completion of the Project contemplated in the Amended Agreement, the Project will contain a total of o n e hundred eighty (180) overnight accommodation units (113 units per acre), which includes one hundred (100) units originally granted from the available Beach by Design Hotel Density Reserve (“Amended Project”); and WHEREAS, the City has conducted such hearings as are required by and in accordance with Chapter 163.3220 Fla. Stat. (2019) and any other applicable law; and WHEREAS, the City has determined that, as of the Effective Date of this Amendment, the proposed project is consistent with the City’s Comprehensive Plan and Land Development Regulations; and WHEREAS, the City has conducted public hearings as required §§ 4-206 and 4-606 of the Community Development Code (“Code”); and WHEREAS, at a duly called public meeting on , the City Council approved this Amendment and authorized and directed its execution by the appropriate officials of the City; and WHEREAS, the upon approval by the City Council, the Developer will seek to amend the site plan approved pursuant to FLD2014-12034 pursuant to the Code (“Site Plan”) which has been extended pursuant to state and local law; and WHEREAS, the City and the Developer desire to amend certain terms and provisions of the Agreement as more fully set forth herein below. STATEMENT OF AGREEMENT NOW THEREFORE, in consideration of and in reliance upon the premises, the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto intending to be legally bound and in accordance with the Act, agree as follows: SECTION 1. Recitals. The above recitals are true and correct and are a part of this Agreement. SECTION 2. Incorporation of the Act. This Agreement is entered into in compliance with and under the authority of the Code and the Act, the terms of which as of the date of this Agreement are incorporated herein by this reference and made a part of this Agreement. Words used in this Agreement without definition that are defined in the Act shall have the same meaning in this Agreement as in the Act. SECTION 3. Scope of Project. Notwithstanding an yt hi n g contained in the Development Agreement to the contrary, section 4 and all o t h e r references in the Agreement and Exhibits regarding the Scope of the Project shall be consistent with the following: (a) Section 4.4 is amended to read: The density of the Project shall be 113 units/acre. In no instance shall the density of a parcel of land exceed 150 units per acre. The height of the Project is proposed to be 99 feet 0 inches (99’0”) but shall not exceed 100 feet as measured from the point at which minimum floor elevations have been established by law, as defined in the City’s Community Development Code. The maximum building heights of the various character districts cannot be increased to accommodate hotel rooms allocated from the Hotel Density Reserve. (b) The Project shall substantially conform with the plans included in Exhibit B attached hereto and made part hereof, which is consistent with Beach by Design. SECTION 4. Expiration Date. The Agreement, as amended, shall expire ten (10) years after the adoption of this Amendment. SECTION 5. Ratification. Except as specifically modified herein, all terms, conditions and obligations contained in the Development Agreement shall retain in full force and effect and are reaffirmed by the parties hereto. Signature Page to Amendment to Development Agreement HDA2013-08004A In the Presence of: Beachrock Lodging, LLLP, a Florida limited partnership ______________________________ ______________________________ Print Name: ____________________ ____________, as _______________ ______________________________ Print Name: ____________________ As to "Developer" CITY OF CLEARWATER, FLORIDA ______________________________ By: _____________________________ Print Name: ____________________ Jon Jennings, City Manager ______________________________ Print Name: ____________________ As to "City" Attest: _________________________________ Rosemarie Call, City Clerk Countersigned: _________________________________ Frank Hibbard, Mayor Approved as to Form: _________________________________ _________________________________ Assistant City Attorney Signature Page to Amendment to Development Agreement HDA2013-08004A STATE OF ________________ COUNTY OF ___________ The foregoing instrument was acknowledged before me by means of physical presence of online notarization this _____ day of ________________, 2022 by by ___________________, as __________________ of Beachrock Lodging, LLLP a Florida limited partnership. He is personally known to me or has produced a valid driver’s license as identification. ________________________________ Notary Public Print Name: ______________________ My Commission Expires: Page 2 of 11 325 S. Gulfview Boulevard & 326 Coronado Drive Amendment to Hotel Development Agreement (HDA2013-08004) – Revised June 6, 2022 Property Address: 325 S. Gulfview Boulevard & 326 Coronado Drive, Clearwater, Florida Parcel Identification Numbers: 07-29-15-52380-000-0630 and 07-29-15-52380-000-1110 Zoning District: Tourist (T) Future Land Use: Resort Facilities High (RFH) Project Description & Request The subject property is 1.6 acres of real property (the “Property”) which previously received development approval for a hotel project consisting of: the demolition of existing hotel rooms and other uses and the construction of new hotel project with 180 overnight accommodation units, an approved density of 113 units per acre, meeting space for guest use, a pool, a new lobby and parking with 241 parking spaces1, at an approved height of 140 feet measured from Base Flood Elevation (the “Project”)2. On June 5, 2014, the City Council of the City of Clearwater (the “City”) approved a Hotel Density Reserve Agreement, HDA2013-08004 (the “Development Agreement”), for the Project, and adopted a resolution to the same effect (Resolution No. 14-11). The Development Agreement allocated 100 units from the Hotel Density Reserve to the Project. The Development Agreement also included a Project Design, represented as Exhibit “B” to the Development Agreement that is consistent with Beach by Design. On March 17, 2015, the Community Development Board approved, subject to conditions, a Flexible Development application (FLD2014-12034) to permit the Project and a two year Development Order under the provisions of Community Development Code Section 4-407 consistent with the Development Agreement. The Development Order approving application No. FLD2014-12034 (the “Development Order”) has been extended pursuant to nine separate extension requests, and the current expiration date is June 25, 2024. The Applicant is the current owner of the Property, and has received an assignment of the Developer’s rights (the “Assignment”), and the City has executed a Joinder of the Assignment meeting the requirements of the Development Agreement (the “Joinder”). The Applicant wishes to update the Project Design as a beachfront destination that makes the most of its appealing location along Beach Walk and within South Beach. The updated Project Design reduces the height of the approved structure and will include public realm improvements including landscaping, furnishings, and pedestrian improvements that enhance the Beach Walk experience Additional ground-floor retail will be accessible to hotel guests and the general public, making the hotel a welcoming part of the neighborhood. The hotel’s entrance will be designed to greet guests with a sense of arrival, while ground level connections will invite interaction with Beach Walk. The new design will also make aesthetic improvements to the building facades, planned parking, and height of the building. The Applicant is not requesting additional units from the Hotel Density Reserve and acknowledges there are no additional units available. The Applicant is also not adding or removing any property to the site. 1 The original Development Agreement identified 216 spaces; however FLD 2014 provided for a greater number of parking spaces. 2 Since the approval, the city has adjusted its height measurements to use Design Flood Elevation as opposed to the previously approved Base Flood Elevation. Page 3 of 11 The proposed modification will substitute the Revised Project Design, included with this submittal in lieu of the Project Design represented as “Exhibit B” to the Development Agreement. The Revised Project Design will meet the standards set out in Beach by Design, and will serve as an attractive, quality resort that enhances the South Beach experience. The prior approval included construction and use of a portion of the S. Gulfview Blvd. right of way that is contemplated to be vacated by Beach by Design. The Development Agreement and prior approved FLD approved the use of the contemplated, vacated right of way and the applicant previously provided specific utility relocation plans that were previously approved. This amendment continues to presume the vacated right of way is to be used – consistent with the balance of properties on S. Gulfview Blvd. Although the flood elevations have changed since the original approval, the construction design will meet the building code engineering standards necessary to construct the proposed ground floor retail. Hotel Density Reserve Criteria (Beach by Design) The site is appropriate for the allocation of hotel rooms from the Hotel Density Reserve (Reserve) as it was determined upon the initial approval of the Development Agreement on June 4, 2014, that all such criteria was met. The Development Agreement is effective for a period of ten (10) years, and the current expiration date of the Development Order is June 25, 2024. The request is in compliance with the standards for development agreements, is consistent with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach by Design. The proposed amendment meets the criteria for the allocation of rooms from the Hotel Density Reserve under Beach by Design and will include the following specific terms: Effective duration will be for a period not to exceed ten (10) years from the Effective Date of the First Amendment; The Project shall consist of 180 overnight accommodation units, with 100 units from the Hotel Density Reserve (no change to the number of units or the density of the existing Development Agreement); “Exhibit B” to the Development Agreement will be replaced with a new exhibit, which will include new conceptual site plans, architectural drawings, elevations and perspectives; The maximum building height is measured from Design Flood Elevation is proposed to be One Hundred Feet (100’) to the top of the parapet. This is a reduction from the approved height of 150’. There are 237 parking spaces proposed where 216 are required The parking will be revised to provide that one hundred percent (100%) of the parking for the Project will be provided as valet parking, with valet parking service provided seven days per week/24 hours per day; and Approximately 20,741 sq. ft. of accessory space (13.42%) is provided. There are no other changes to the substantive provisions of the Agreement as found to comply with the Code and Beach by Design on previous reviews. Specifically, All 180 units shall be used solely for transient occupancy of one month or thirty-one (31) consecutive days or less, must be licensed as a public lodging establishment and classified as a hotel, and must be operated by a single licensed operator of the hotel. No unit shall be used as a primary or permanent residence. Page 4 of 11 Access to units is through an internal corridor. The units are all available through a central reservation system for short term rentals. There shall be a lobby/front desk area that will be operated as a typical lobby/front desk area for a hotel would be operated. No unit shall have a complete kitchen facility as that term is used in the definition of “dwelling unit” in the City’s Code of Ordinances. There shall be a legally enforceable mandatory evacuation covenant required by the original agreement and that requirement is not being modified. Any hotel units obtained from the Hotel Density Reserve that are not constructed are required to be returned to the Hotel Density Reserve. Please see the side-by side comparison of the “as approved” and “as proposed” site plans, elevations and massing models, included with this submittal on sheets A12 through A23. Beach by Design Criteria The Applicant proposes a revised Project Design that will achieve the goals of Beach by Design to revitalize the Gulfview/Coronado area of Clearwater Beach by allowing buildings of greater height, while maintaining human scale at pedestrian level and maintaining light, air, and view corridors. Specifically, the Revised Project meets the Beach by Design Criteria as follows: A. Density: The Project will maintain a total of 180 overnight accommodation units, resulting in an overnight accommodation density of 113 units per acre based on a 1.6 acre parcel. This includes 80 base density units plus 100 additional units requested from the Hotel Density Reserve via the Development Agreement. The density is unchanged from the currently approved density in the Development Agreement. B. Height: The design flood elevation is 16 feet NAVD. The maximum allowable building height in the Tourist zoning district is 150 ft. above design flood elevation if certain conditions relating to additional density allocations, separation from other buildings, and floorplate limitations. The proposed building height is 100-ft as measured from Design Flood Elevation to the parapet wall (excluding Mechanical over-ride space), and shall not exceed 100 feet as measured from the point at which minimum floor elevations have been established by law, as defined in the City’s Community Development Code. Roof top mechanical will be screened per Code. The building meets the following conditions related to height: 1. Allocation of Additional Density: Additional density is allocated to the development either by (i) transferred development rights, (ii) by the Destination Resort Density Reserve pursuant to CRD designation, or (iii) by the Hotel Density Reserve where the subject property is located between South Gulfview Boulevard and the Gulf of Mexico or on the west side of Coronado Drive. DESIGN RESPONSE: One hundred (100) overnight accommodation units of additional density are allocated from the Hotel Density Reserve to the Project pursuant to the Development Agreement. Regardless, the proposed height is under 100 feet and therefore no additional height pursuant to this provision is requested. 2. Separation from other Buildings over 100’: Portions of any structures which exceed one hundred feet (100’) are spaced at least one hundred feet (100') apart (with no more than two (2) structures which exceed one hundred feet (100’) within five hundred feet (500’); or four (4) structures Page 5 of 11 which exceed one hundred feet (100’) within eight hundred feet (800’) so long as the elevations of all structures which exceed one hundred feet (100’) when such structures are viewed from the east do not occupy a total of forty percent (40%) of a north south vertical plane which is parallel to the alignment of Coronado and North Mandalay of the building envelope above one hundred feet (100’). DESIGN RESPONSE: As shown on the concept plans and architectural drawings, no portion of the building exceeds one hundred feet (100’) as measured from base flood elevation and therefore this provision does not apply. 3. Floorplate size limitation. The floorplate of any portion of a building that exceeds forty five feet (45’) in height is limited as follows: (a) between forty five feet (45’) and one hundred feet (100’), the floorplate will be no greater than 25,000 square feet except for parking structures open to the public; and (b) between one hundred feet (100') and one hundred fifty feet (150'), the floorplate will be no greater than 10,000 square feet; and (c) deviations to the above floorplate requirements may be approved provided the mass and scale of the design creates a tiered effect and complies with the maximum building envelope allowance above 45’ as described in section C. 1.4 below. DESIGN RESPONSE: As shown on the concept plans and architectural drawings, between 45’ and 100’ in height, there is no floorplate or portion of a floorplate that exceeds 25,000 square feet. There are no floorplates above 100’ in height. C. Design, Scale and Mass of Building: As illustrated in the design drawings, the building design of Hotel A respects and enhances the community character of the surrounding neighborhood. In addition, it meets the following specific standards: 1. Buildings with a footprint of greater than 5000 square feet or a single dimension of greater than one hundred (100) feet will be constructed so that no more than two (2) of the three (3) building dimensions in the vertical or horizontal planes are equal in length. For this purpose, equal in length means that the two lengths vary by less than forty (40%) of the shorter of the two (2) lengths. The horizontal plan measurements relate to the footprint of the building. DESIGN RESPONSE: Given the massing of the building, the various stepping of volumes, carving of the volume on the first floor, no two building dimensions per facade are equal in length. The façade length is as follows: North: 225 ft, South: 73 & 152 ft, East: 324 ft, West: 218 ft & 108 ft; the height of each façade is: North: 40 ft, South: 87.6 ft, East: 87.6 ft, West: 40 ft. 2. No plane of a building may continue uninterrupted for greater than one hundred linear feet (100’). For the purpose of this standard, interrupted means an offset of greater than five feet (5’). DESIGN RESPONSE: As demonstrated on the design drawings, each of the building facades will provide set-backs and step-backs as required by Beach-by-Design. No plane of a building will continue uninterrupted for greater than one hundred linear feet (100’), except for two key architectural building elements that are 108-ft as discussed with City staff prior to this submittal. The North façade is a common property line against a parking deck minimizing the impact of the façade length. 3. At least sixty percent (60%) of any elevation will be covered with windows or architectural decoration. For the purpose of this standard, an elevation is that portion of a building that is visible from a particular point outside the parcel proposed for development. DESIGN RESPONSE: As demonstrated in this application, where viewable from adjacent properties and not covered by adjacent buildings, this design proposes large fields of glazing, balconies, accent lines, Page 6 of 11 wall textures and stepped articulation on all facades providing for greater than 60% articulation on each of the facades. Specifically, the proposed building contains the following articulation percentages: North Façade: 60 % East Façade: 60 % South Façade: 61 % West Façade: 62 % 4. No more than sixty percent (60%) of the theoretical maximum building envelope located above forty-five feet (45’) will be occupied by a building. However, in those instances where an overnight accommodations use on less than 2.0 acres that has been allocated additional density via the Hotel Density Reserve, no more than seventy-five percent (75%) of the theoretical maximum building envelope located above forty-five feet (45’) may be occupied by a building unless the property is located between Gulfview Boulevard and the Gulf of Mexico, then no more than 70% may be occupied by a building. DESIGN RESPONSE: As per the provided calculations the overall building mass between 45 feet and 87.5 feet constitutes 43.3% volumetrically of the theoretical maximum building envelope, significantly below the 75% allowance for buildings with units allocated from the Hotel Pool. 5. The height and mass of buildings will be correlated to: (1) the dimensional aspects of the parcel proposed for development and (2) adjacent public spaces such as streets and parks. DESIGN RESPONSE: The design proposes an “L” shaped hotel guestroom tower that places its maximum heights to the north property line, along the public parking garage, and to the east, toward Coronado Drive. The parking garage is placed in the central portion of the 1st Floor and throughout the 2nd Floor and is screened from public view by occupied building and/or perforated metal panel façade. Storefront and retail space is utilized on the 1st floor for both the East/Coronado side and the West/Gulfview side along the pedestrian pathways. Landscaping and seating will be utilized to enhance these spaces. On the third level, the Beach Walk, Gulfview Boulevard, and the Gulf of Mexico are overlooked by restaurant seating and hotel pool/amenity deck. Coronado is also overlooked from the 3rd floor with a hotel breakfast and special event terrace. All restaurant, retail, and event spaces are accessible via elevators and stairways. 6. Buildings may be designed for a vertical or horizontal mix of permitted uses. DESIGN RESPONSE: The building will be designed to provide overnight accommodations with typical accessory uses including meeting space, restaurant, retail and other commercial areas. The retail located on the ground floor has exterior entrances and is accessible to the public. The Project is located within the AE flood zone which allows for occupied space at grade. Construction will comply with ASCE 24 and any other engineering standards and other requirements necessary to construct ground floor retail, as per the direction received from the City’s building official. D. Setbacks & Stepbacks: 1. Rights-of-way. The area between the building and the edge of the pavement as existing and planned should be sufficiently wide to create a pedestrian-friendly environment. The distances from structures to the edge of the right-of-way should be: (a) Fifteen feet (15’) along arterials, and b) Twelve feet (12’) along local streets. Page 7 of 11 DESIGN RESPONSE: Proposed setbacks are fifteen feet (15') on Coronado Drive. 2. Side and Rear Setbacks. Except for the setbacks set forth above, no side or rear setback lines are recommended, except as may be required to comply with the City’s Fire Code. DESIGN RESPONSE: Side and rear setbacks shall be governed by the provisions of the Tourist District of the Community Development Code unless otherwise prescribed in the applicable Character District provisions contained in Section II., Future Land Use. The Project Design provides 10’ building setbacks on the two side property lines, and a 0’ building setback along the northern property line along S. Gulfview. There is considerable public realm in this area, and the frontage is activated with retail spaces, terraces and landscape improvements that make up Beach Walk. Like the prior approval, the proposed design contemplates the vacation of a portion of S. Gulfview Blvd. as contemplated in Beach by Design. The Project Design will maximize opportunities for activation along Beach Walk. 3. Coronado Drive Setbacks and Stepbacks. To reduce upper story massing along the street and ensure a human scale street environment, buildings using the hotel density reserve along Coronado Drive shall be constructed in accordance with the following: a. Buildings constructed with a front setback of fifteen feet (15’) or more shall stepback with a minimum depth of fifteen feet (15’) from the setback line at a height not more than twenty-five feet (25’). DESIGN RESPONSE: The design proposes a 15 foot setback along Coronado Drive and steps back an additional 15 feet at not more than 25’ of height. b. Buildings constructed with a front setback greater than or equal to ten feet (10’) and less than fifteen feet (15’) shall stepback at a height not more than twenty feet (20’). The required stepback/setback ratio is one and one-half feet (1.5’) for every one foot (1’) reduction in setback in addition to the minimum stepback of fifteen feet (15’). DESIGN RESPONSE: Not applicable. c. Buildings constructed with a front setback of less than ten feet (10’) shall provide a building stepback required stepback/setback ratio is two and one-half feet (2.5’) for every one foot (1’) reduction in setback in addition to the minimum stepback of fifteen feet (15’). DESIGN RESPONSE: Not applicable. d. To achieve upper story facade variety and articulation, additional stepbacks may be required. To avoid a monotonous streetscape, a building shall not replicate the stepback configuration of the neighboring buildings including those across rights-of-way. DESIGN RESPONSE: The proposed design does not mimic or mirror the existing buildings. e. Required stepbacks shall span a minimum of 75% of the building frontage width. DESIGN RESPONSE: The design provides a step back along the building frontage of 15 feet. E. Street-Level Facades. The human scale and aesthetic appeal of street-level facades, and their relationship to the sidewalk, are essential to a pedestrian-friendly environment. Accordingly: Page 8 of 11 1. at least sixty percent (60%) of the street level facades of buildings used for nonresidential purposes which abut a public street or pedestrian access way, will be transparent. For the purpose of this standard: a. street level facade means that portion of a building facade from ground level to a height of twelve feet (12'); b. transparent means windows or doors that allow pedestrians to see into: (i) the building, or (ii) landscaped or hardscaped courtyard or plazas, where street level facades are set back at least fifteen feet (15’) from the edge of the sidewalk and the façade is a landscaped or hardscaped courtyard or plaza; c. parking structures should utilize architectural details and design elements such as false recessed windows, arches, planter boxes, metal grillwork, etc., instead of transparent alternatives. When a parking garage abuts a public road or other public place, it will be designed such that the function of the building is not readily apparent except at points of ingress and egress. DESIGN RESPONSE: The Revised Project Design includes facades with windows and doors, as well as a significant amount of open decorative elements to screen the garage. Specifically, the Project will be designed to include the following transparency features: The first floor of the building along Coronado utilizes 60% glass, open space, and/or architecturally detailed building façade. Perforated metal screening will be used on all garage openings. Landscaping will be used to disguise the garage function of the building and tie it into the rest of the building. Significant glazing will be used to create an inviting and open atmosphere for the retail spaces along S. Gulfview Blvd. that will enhance the pedestrian-friendly environment intended for this area. 2. Window coverings, and other opaque materials may cover no more than 10% of the area of any street-level window in a nonresidential building that fronts on a public right-of way. DESIGN RESPONSE: No opaque glass will be used in street-level facades. 3. Building entrances should be aesthetically inviting and easily identified. Goods for sale will not be displayed outside of a building, except as a permitted temporary use. This standard does not apply to outdoor food service establishments. DESIGN RESPONSE: The primary hotel and garage entrances are emphasized with a projecting canopy and signage to create an inviting appearance and is easily identifiable. Along Coronado, the primary pedestrian entrance is identified with a projecting canopy and identification signage. Along Gulfview, the primary entrance into the hotel is visually accented with two large pylons and with a covered canopy bearing identification signage. Retail shops are also identified with projecting canopies and identification signage. In addition, signage, landscaping, furnishings, and other visual cues will be integrated into the Project design to lead guests to building entrances. 4. Awnings and other structures that offer pedestrians cover from the elements are recommended. Awnings help define entryways and provide storefront identity to both pedestrians and drivers. DESIGN RESPONSE: Canopies will be installed to provide shade and connect the walkways and outdoor spaces. The encroachment into the rights of way will not exceed the code permitted Page 9 of 11 maximum. F. Parking Areas. To create a well-defined and aesthetically appealing street boundary, all parking areas will be separated from public rights of way by a landscaped decorative wall, fence or other opaque landscape treatment of not less than three feet (3’) and not more than three and one-half feet (31/2’) in height. Surface parking areas that are visible from public streets or other public places will be landscaped such that the parking areas are defined more by their landscaping materials than their paved areas when viewed from adjacent property. The use of shade trees is encouraged in parking lots. However, care should be taken to choose trees that do not drop excessive amounts of leaves, flowers, or seeds on the vehicles below. Entrances to parking areas should be clearly marked in order to avoid confusion and minimize automobile-pedestrian conflicts. Attractive signage and changes to the texture of the road (such as pavers) are recommended. When a parking garage abuts a public road or other public place, it will be designed such that the function of the building is not readily apparent except at points of ingress and egress. DESIGN RESPONSE: All parking on-site will be provided as valet parking on a 24/7 basis. Vehicles will be parked within structured parking and will not be visible from the exterior of the building. All garage openings will be screened with perforated, 50% opaque metal screening. Lush landscaping, including foundation planting and accent trees, will be used to further minimize the appearance of the function of the garage and tie it in with the rest of the building. Signage will be used to indicate that all parking is valet only, and to help avoid confusion and minimize automobile-pedestrian conflicts. Attractive signage and stamped colored concrete as shown in the architectural drawings (A8) will be used to help define entrances to parking areas. The driveway on and off site along Coronado are two-lane, one-way in and one-way out. Vehicle movement throughout the garage will be will be one-way throughout the garage. Drive aisles will be 22’ wide. All parking within the garage will be valet only. G. Signage. Signage is an important contributor to the overall character of a place. However, few general rules apply to signage. Generally, signage should be creative, unique, simple, and discrete. Blade signs, banners and sandwich boards should not be discouraged, but signs placed on the sidewalk should not obstruct pedestrian traffic. DESIGN RESPONSE: Signage shall be designed per code and submitted for approval along with the building permit. H. Sidewalks. Sidewalks along arterials and retail streets should be at least ten feet (10’) in width. All sidewalks along arterials and retail streets will be landscaped with palm trees, spaced to a maximum of thirty-five feet (35') on centers, with “clear grey” of not less than eight feet (8'). Acceptable palm trees include sabal palms (sabal palmetto), medjool palms (phoenix dactylifera ‘medjool’), and canary island date palms (phoenix canariensis). Sidewalks along side streets will be landscaped with palms (clear trunk of not less than eight feet (8')) or shade trees, spaced at maximum intervals of thirty-five feet (35') on centers. Portions of required sidewalks may be improved for nonpedestrian purposes including outdoor dining and landscape material, provided that: Movement of pedestrians along the sidewalk is not obstructed; and non-pedestrian improvements and uses are located on the street side of the sidewalk. Distinctive paving patterns should be used to separate permanent sidewalk café improvements from the pedestrian space on the sidewalk. To enhance pedestrian safety and calm traffic, distinctive paving should also be used to mark crosswalks. DESIGN RESPONSE: Sidewalks will provided to match existing widths. Landscaping shall be Page 10 of 11 designed per code and shall be submitted for approval at DRC application. I. Street Furniture and Bicycle Racks. Street furniture, including benches and trash receptacles should be liberally placed along the sidewalks, at intervals no greater than thirty linear feet (30') of sidewalk. Bicycle racks should also be provided, especially near popular destinations, to promote transportation alternatives. Complicated bicycle rack systems should be avoided. The placement of street furniture and bicycle racks should not interrupt pedestrian traffic on the sidewalk. DESIGN RESPONSE: Street Benches and trash receptacles area proposed along Coronado Drive and Beachwalk and shall be designed per code and submitted for approval at building permit. J. Street Lighting. Street lighting should respond to the pedestrian-oriented nature of a tourist destination. In this context, it should balance the functional with the attractive – providing adequate light to vehicular traffic, while simultaneously creating intimate spaces along the sidewalks. Clearwater’s historic lighting is an attractive, single-globe fixture atop a cast-iron pole. DESIGN RESPONSE: Street lighting shall be designed per code and submitted for approval at building permit. K. Fountains. Fountains provide attractive focal points to public spaces and add natural elements to urban environments. They should be interesting, engaging and unique. While it is important not to overburden architectural creativity regarding fountains, they should meet at least the following standards in order to be a functional and attractive component of the public space: They should be supplemented with street furniture such as benches and trash receptacles, and, They should have rims that are: (a) Tall enough to limit unsupervised access by small children, and (b) Wide enough to permit seating. Fountains should be encouraged in landscaped and hardscaped courtyards and plazas. DESIGN RESPONSE: There are no fountains planned for the property, at this time. L. Materials and Colors 1. Facades. Finish materials and building colors will reflect Florida or coastal vernacular themes. All awnings should contain at least three (3) distinct colors. Bright colors will be limited to trims and other accents. Glass curtain walls are prohibited. DESIGN RESPONSE: The proposed design complies with the Beach by Design guidelines and proposes a palate of white walls with accents of contrasting colors meeting the Beach by Design guidelines. 2. Sidewalks. Sidewalks will be constructed of: (a) pavers; (b) patterned, distressed, or special aggregate concrete; or (c) other finished treatment that distinguishes the sidewalks from typical suburban concrete sidewalks. Materials should be chosen to minimize the cost and complexity of maintenance. DESIGN RESPONSE: Proposed sidewalks will be designed using several coordinating finished treatments as well as concrete. 3. Street Furniture. Street furniture will be constructed of low-maintenance materials, and will be in a color that is compatible with its surroundings. DESIGN RESPONSE: All street furniture shall comply with this provision. Page 11 of 11 4. Color Palette. A recommended palette for building colors is presented on the following page. DESIGN RESPONSE: The design incorporates colors from the Beach by Design palette. UPDATED 06-14-2022; MTP 101 Coronado Drive (Pier 60 Hotel)72 108 108 0.72 150.00 36 5/19/2009 8/6/2009 Constructed Constructed FLD2009- 03013 / DVA2009-00001 Wells Permit Status is completed. BCP2011-02294; BTR issued: BTR-0030708; 108 units; DBPR# HOT6215786 619 S. Gulfview Boulevard (Shephard's) 42 160 160 2.37 67.51 118 11/17/2009 12/17/2009 Constructed Constructed FLD2008-12033 / DVA2008- 00002 Wells Allocated rooms reduced from 68 to 42 - minor revision on July 6, 2011; Permit Status is completed. BCP2011-09106/BCP2013-02542; BTR- 9005301: DBPR MOT6203452 655 S. Gulfview Boulevard (Hampton Inn / Quality Inn): (Hampton Inn: 635 Gulfview; Quality Inn: 655 Gulfview)90 181 181 1.44 125.96 71 N/A 4/16/2014 Constructed 2/6/2017 DVA2013- 03001 / HDA2014-02001 / FLD2013-03011 / FLD2014-03007 Nurnberger BCP2014-06256 - issued 12/17/2014 / BCP2014-07307 - issued 02/06/2015; Permit Status is completed. BTR9021241 - QUALITY INN: 91 units; DBPR #MOT6205082; BTR-0038694 - HAMPTON INN & SUITES; DBPR LIC # HOT6215807; Total units: 182 316 Hamden Drive (Hotel B) 79 units allocated; 118 units proposed; 39 units base density; 0.82 acres 300 Hamden Drive (Hotel A) 95 units allocated; 142 units proposed; 47 units base density; 1.10 acres 521 South Gulfview Boulevard (Entrada)30 344 344 3.908 88.02 314 N/A 6/19/2014 Constructed 5/24/2015 HDA2014-04002 / FLD2013-11038 / FLD2014-06019 Parry site plan as related to HDA214-04002 approved as part of FLD2013-11038. New site plan approval request to accommodated approved units as part of the HDA - FLD2014-06019 - approved; BCP2014-11452 issued 08/07/2015; Permit Status is completed. BTR-0024076 - HOLIDAY INN HOTEL & SUITES: 189 units; BTR-0036443 - EDGE HOTEL: Total units: 362 units 650 Bay Esplanade (DeNunzio Hotel)55 102 102 0.95 107.37 47 6/18/2013 7/19/2013 Constructed 6/23/2017 DVA2013- 02001 / FLS2013-02006 Nurnberger Per 6.1.3.2 of the DVA - The Developer shall obtain permits and commenced construction on the development within four (4) years from the effective date of this Agreement (approx. 7/19/17). BCP2015-10210 - issued 12/10/2015 and is Completed; BCP2016-01459 - issued 03-29-2016 and is Completed. BTR-0036580 - FAIRFIELD INN AND SUITES BY MARRIOTT: 102 units 353 Coronado Drive (Parcel B) (345 Coronado also 395 Coronado)96 144 144 0.962 149.69 48 N/A 6/19/2014 3/18/2022 3/18/2022 HDA2013-08005 / FLD2015- 02005 Parry FLD2015-02005 approved; time extension granted 04-13-2019; Building Permits submitted; BCP2019-040024 listed as "active" as of 08-07-2020; BCP2019-110486 listed as "active" as of 08-07-2020. BCP2020-071064 listed as "active" as of 10-05-2020. Time extension granted 08-20-2021; site plan expiration is 03-18-2022 355 South Gulfview Boulevard (also 385 S Gulfview)59 88 88 0.59 149.15 29 N/A 7/20/2017 7/20/2018 12/7/2020 HDA2017-04001 / FLD2017-07012 / APP2017- Parry FLD2017-0712 approved; time extension granted 04-24-2019: site plan expiration is 04-06-2022 BCP2019-040435 submitted 04-12-2019; status: revisions needed as 07-16-2021; BCP2019-080810 submitted 08-27-2019 list as "active" as of 07-16-2021 11/17/200939135.421.92255260174 6/13/2015Constructed12/17/2009 Address of Receiving Property HOTEL DENSITY RESERVE PROJECTS - UNDER CONSTRUCTION / CONSTRUCTED NotesPlannerCase NumberFinal Project Expiration Site Plan Approval Needed by City Council ApprovalCDB MeetingRooms per Base DensityUnits / AcreAcreageTotal Rooms Proposed Total Rooms Built Rooms Allocated Wells DVA2009-00002 / FLD2009-08026; DVA2009-00003 / FLD2009- 08027 (see also FLD2019- 11030) BCP2015-01211 issued 11-13-2015; Permit Status is completed. BTR- 0037618 for 140 units (Residence Inn); BTR-0037619 for 115 units (Springhill Suites); see also HDA2020-08003 / FLD2009-08026B and HDA2020-04002 / FLD2009-08027B for additional information; these additional cases numbers were for the reallocation of the five units that weren't built with the first building permit - they were approved for 260 units but only built 255. The additional noted cases brought back in those five units. 691 S. Gulfview Boulevard (the Views)92 202 202 1.35 149.97 67 N/A 10/16/2013 10/22/2021 10/22/2021 HDA2013- 08001 / FLD2013-08028 Nurnberger FLD2013-08028 approved; time extension granted 02-09-2018; site plan expiration is 10-22-2021; BCP2020-010379 submitted on 01-15-2020 and is in "active" status; BCP2020-010471 submitted on 01-17-2020 and is in "active" status; BCP2020-110817 submitted on 11-25-2020 and is in "active" status; all as of 07-16-2021. 443 East Shore Drive (Courtyard by Marriott)139 139 110.32 6/19/2012 7/19/2012 5/26/2019 5/26/2019 FLD2012-03008 / DVA2012-03001 Jackson FLD2012-03008 approved; time extension granted 04-13-2020: permit expiration is 05-18-2021; BCP2014-08618 issued 08/13/2015; Permit Status is Active. Two TDR applications approved (TDR2018-10002 and 10001) which will transfer five hotel units to the site. The total proposed room count has been updated to include these units. An amendment to the original Development Agreement (listed to the left and given the case file number of HDA2012-03001A) was also submitted as was as an amendment to the approved FLD application (noted to the left and given the case file number of FLD2012-03008A). 443 East Shore Drive (Courtyard by Marriott) 1st amendment 12/18/2019 1/17/2019 1/17/2020 1/17/2020 HDA2012- 03001A / FLD2012- 03008A / TDR2018-10001 / TDR2018-10002 Teft Site plan approved; see comments above for permitting and other information. 443 East Shore Drive (Courtyard by Marriott) 2nd amendment TBD TBD TBD TBD DVA2012-03001B Parry in review status - only realted to the use of eight slips - has nothing to do with intensity of use. Total Rooms Allocated from Reserve 781 Total Rooms Proposed 1,872Total Rooms Built 1,867 Address of Receiving Property Rooms Allocated Total Rooms Proposed Acreage Units / Acre Rooms per Base Density CDB Meeting City Council Approval Site Plan Approval Needed by Final Project Expiration Case Number Planner 325 South Gulfview Boulevard (Parcel A)100 180 1.60 112.50 80 N/A 6/4/2014 2/12/2026 2/12/2026 HDA2013-08004 / FLD2014-12034; HDA2013- 08804A (pending CC approval)Parry 405 Coronado Drive (Parcel C)1.32 125.76 66 9/18/2014 7/28/2024 7/28/2024 HDA2013-08006 / FLD2015-05016 Parry 405 Coronado Drive (Parcel C) 1st amendment 1.76 0.00 TBD TBD TBD TBD HDA2013-08006A Parry 401 (421) South Gulfview Boulevard (Alanik)9/18/2014 9/18/2015*9/18/2015*HDA2014-06004 Parry 401 (421) South Gulfview Boulevard (Alanik) 1st Amendment 8/20/2015 8/16/2021 8/16/2021 HDA2015-06001/FLD2015-09036 Parry 401 (421) South Gulfview Boulevard (Alanik) 2nd Amendment 248 2.146 114.00 107 N/A 11/21/2019 11/21/2020 12/2/2024 HDA2014-06004A/FLD2015-09036A Parry 40 Devon Drive (Sea Captain)10/15/2014 2/8/2021 2/8/2021 HDA2014-07004 / FLD2015-02006 Jackson 40 Devon Drive (Sea Captain) 1st Amendment TBD TBD 2/20/2022 HDA2014-07004A / FLD2015-02006A Parry 166 98117.002271.953 71 HOTEL DENSITY RESERVE PROJECTS - APPROVED 68 114.29144144 FLD2015-09036 approved; time extension granted 10-17-2019; site plan expiration is 06-11-2021; BCP not submitted as of 01-08-2020 * The applicant changed the site plan amending the Dev. Agrmt. resulting in a new site plan approval reqm't and Dev. Agrmt expiration dates. In addition, the FLD was also amended - see below. FLD2014-12034 approved; time extension granted 04-13-2020: site plan expiration is 04- 26-2024; BCP not submitted as of 12-21-2020. Time extension granted 08-20-2021; site plan expiration is 02-12-2026 FLD2015-05016 approved; time extension granted 04-21-2020; site plan expiration is 10-11-2022; BCP not submitted as of 07-16-2021. Time extension granted 08-20-2021; site plan expiration is 07-28-2024 66 100 N/A32148.700.65998 100 N/A N/A The amendment includes a minor amendment previously approved administratively to the hotel building essentially lowering the overall height and adding a detached dwelling on the portion of the site within the LMDR District. The amendment itself added an SFR on the portion of the site within the LMDR district. Permit extension issued 04-05-2021; expiration is 02-20-2022. 1.26 FLD2015-02006 approved; time extension granted 07-31-2017; site plan expiration is 02-08-2021; BCP2019-120352 is in "revisions needed" status as of 07-16-2021. HDA2014-06004A approved at 11-21-2019 council meeting; FLD2015-09036A approved 06-16-2020; expires June 16, 2022; No BCP submitted as of 07-16-2021; Time extension granted 08-20-2021; site plan expiration is 12-02-2024 in review status Notes 630 South Gulfview Boulevard (Captain Bligh)100 159 1.19 133.61 59 N/A 11/20/2014 2/27/2022 2/27/2022 HDA2014-08007 / FLD2015-02004 Parry 715 South Gulfview Boulevard 93 208 2.313 89.93 115 N/A 2/20/2014 2/20/2022 2/20/2022 HDA2013-12008 / FLD2014-11031 Parry 657 Bay Esplanade 10 27 0.35 77.14 17 8/14/2018 9/11/2018 9/11/2019 6/15/2021 HDA2018-04001 / FLD2018-05012 Parry 850 Bayway 27 60 0.661 90.77 33 N/A 2/7/2019 2/7/2020 9/21/2022 HDA2018-10002 Parry 405/408/409/411 East Shore Drive 8 75 1.11 67.57 55.5 N/A 7/18/2019 7/18/2020 7/18/2020 HDA2019-03001 / FLD2020-05012 Parry 309 Coronado (Parcel/Hotel A)3 118 0.9795 120.47 48 N/A 11/19/2020 11/19/2021 6/24/2024 HDA2020-08003 / FLD2009-08026B Parry 309 Coronado (Parcel/Hotel B)2 142 0.9469 149.96 47 N/A 11/19/2020 11/19/2021 6/24/2024 HDA2020-04002 / FLD2009-08027B Parry Total Rooms Allocated from Reserve 604 1,708 Address of Receiving Property Rooms Allocated Total Rooms Proposed Acreage Units / Acre Rooms per Base Density CDB Meeting City Council Approval Site Plan Approval Needed by Final Project Expiration Case Number Planner Total Rooms Pending Allocation Item Count Count Internal Check Status Projects Units Total Rooms in Reserve 1,385 781 TRUE Constructed 7 463 Total Rooms Allocated from Reserve 1,385 604 TRUE In Permit Review 4 318 Total Rooms Pending Allocation 0 1,385 TRUE Subtotal (Constructed/In Review)11 781 Total Remaining For Allocation 0 Approved no permit submitted 11 604 Total*22 1,385 Internal Check TRUE TRUE Total Rooms Proposed * Assumes that the 300 Hamden/316 Hamden come 309 Coronado project is two projects Total rooms allocated is 79 which includes 76 units previously allocated and subsequently built; see DVA2009-00002; FLD2009-08026B approved 12-15-2020; Time extension granted 08-20-2021; site plan expiration is 06-24-2024 Notes FLD2020-05012 approved November 17, 2020; Expires November 17, 2022; An amendment to the HDA has been submitted for an increase in units and height and is in the review process as of July 16, 2021. BCP not submitted as of 04-15-0219; application has been appealed. The appeal was denied in Circuit Court on 12-09-2020. The petitioner did not move for second tier certiorari (30 days to do) - deadline was 01-08-2020; FLD2021-04011 approved 09-21-2021. The original HDA (HDA2016-09001) expired and the 10 units were returned to the Reserve. The same applicant has resubmitted their application at this address and is therefore listed twice in this sheet, once in this line item and once under units returned to the reserve, below. Time extension granted 04-24-2020; site plan expiration is 06-15- 2021 FLD2014-11031 approved; time extension granted 10-17-2019; site plan expiration is 10- 19-2022; BCP not submitted as of 01-08-2020 Total rooms allocated is 95 which includes 93 units previously allocated and subsequently built; see DVA2009-00003; FLD2009-08027B approved 12-15-2020; Time extension granted 08-20-2021; site plan expiration is 06-24-2024 * There were five units which were allocated from the Reserve, returned to the Reserve and then reallocated from the Reserve to the same project 300 Hamden (Hotel A) and 316 Hamden (Hotel B) and later addressed as 309 Coronado. In order to not erroneously double count these units the original allocation (five units) is not included. In addition, a permit related to the construction of those five units has not yet been submitted so those five units are included in the "Allocated but Unbuilt" figure. FLD2015-02004 approved; time extension granted 05-31-2019; site plan expiration is 02-27-2022; BCP not submitted as of 12-21-2020 Allocated but Unbuilt Constructed or Under Construction Total* Room Count Project Count Status HOTEL DENSITY RESERVE UNITS RETURNED TO THE RESERVE HOTEL DENSITY RESERVE PROJECTS - PENDING Address of Receiving Property Rooms Allocated Rooms Returned Acreage Units / Acre Rooms per Base Density CDB Meeting City Council Approval Site Plan Approval Needed by Final Project Expiration Case Number Planner 706 Bayway 15 15 0.349 42.98 17 N/A 11/20/2014 11/20/2015 11/20/2015 HDA2014-08006 / FLD2015-06025 Parry 625 South Gulfview Boulevard 69 69 0.69 100.00 64 N/A 12/4/2013 11/20/2015 12/4/2016 HDA2013-08007 Parry 657 Bay Esplanade 10 10 0.35 28.57 17 N/A 3/2/2017 3/9/2018 3/9/2018 HDA2016-09001 Parry 10 Bay Esplanade 35 35 1.16 TBD 58 N/A TBD TBD TBD HDA2017-12002 Parry 300 Hamden Drive (Hotel A) and 316 Hamden Drive (Hotel B)174 5 1.10 4.55 47 11/17/2009 12/17/2009 Constructed 6/13/2015 DVA2009-00003 / FLD2009-08027 and DVA2009-00002 / FLD2009-08026 and FLD2019-11030 Wells Total Rooms Returned 134 BCP2015-01211 issued 11/13/2015; Permit Status is completed. Please see line seven and eight, above for specifics of Hotel A and Hotel B. These two hotels were developed originally as two separate, albeit physically connected, buildings on two separate properties. Subsequent to construction the two properties were joined together through a Unity of Title without City approval. Case FLD2019-11030, currently in review, seeks to rectify this as well as other issues. The two hotels were allocated a total of 174 units from the Reserve and a total of 260 units were proposed. A total of 255 units were actually built. Each respective DVA includes a provision (Section 6.1.5) that provides that any unbuilt units be returned to the Reserve. withdrawn by applicant via email - 10-01-2018 (technically these units were never allocated but are listed here since a case number was created) FLD/FLS application not submitted as of 03-23-2018; does not count towards rooms allocated. Agreement terminated; removed from top two tables; does not count towards rooms allocated. FLD2015-06025 approved on 09-15-15; BCP2016-03372 - submitted 03-15-2016 / BCP2015-12534 - submitted 12/29/2015; both permits in void status. Current permit BCP2017-04049 references FLD2016-12039 which is for Resort Attached Dwellings. HDA Termination pending - scheduled for Council July 20 and August 3, 2017; removed from top two tables; does not count towards rooms allocated. Notes Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9598-22 2nd rdg Agenda Date: 8/18/2022 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Adopt Ordinance 9598-22 on second reading, vacating the 5-foot wide platted utility easement located on Lot 24, re-plat of Willow Ridge, according to the map or plat thereof as recorded in Plat Book 71, Pages 98-101 of the Public Records of Pinellas County, Florida, less and except the east and west 10 feet thereof. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/17/2022 1 Ord. No. 9598-22 ORDINANCE NO. 9598-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE 5-FOOT-WIDE PLATTED UTILITY EASEMENT, LOCATED ON LOT 24, RE-PLAT OF WILLOW RIDGE, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 71, PAGES 98-101, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, LESS AND EXCEPT THE EAST AND WEST 10 FEET THEREOF; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner in fee title of real property described and depicted in Exhibit “A” (attached hereto and incorporated herein), has requested that the City vacate said utility easement; and WHEREAS, the City Council of the City of Clearwater, Florida finds that said utility easement is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: A utility easement described as follows: See Exhibit “A” is hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest thereto. Section 2. The City Clerk shall record this ordinance in the Public Records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. 2 Ord. No. 9598-22 PASSED ON FIRST READING ________________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________ ________________________________ Frank Hibbard Mayor Approved as to form: Attest: ________________________________ ________________________________ Laura Mahony Rosemarie Call Senor Assistant City Attorney City Clerk EXHIBIT A HASTINGS DRCLARENDON RDRADCLIFFE DR N 1978 1984 1972 1966 1984 1960 1967 1973 19121966 1930192419061960 1972 1961 19181990 1978 1979 1985 1994 Document Path: C:\Users\Kelsey.Troyer\City of Clearwater\Engineering Geographic Technology - Documents\GIS\Engineering\Location Maps\Vac2022-10\Vac2022-10.aprx Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Page: 1 of 1Aerial Flown 2021 VAC2022-10 Proposed 5ft Utility Easement Vacation 1979 Hastings Dr. N.T.S.Scale:KTMap Gen By:TMReviewed By:6/16/2022Date: AERIAL MAP PROPOSED UTILITY EASEMENT VACATION Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9596-22 2nd rdg Agenda Date: 8/18/2022 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.2 SUBJECT/RECOMMENDATION: Adopt 9596-22 on second reading, amending Code of Ordinances, Chapter 2, Article VI, Division 3, Purchasing to change definitions, increase approval authority for department directors, clarify contract requirements, performance and payment bond requirements, change small purchase monetary threshold, increase micro purchase monetary threshold, amending Code of Ordinances, Chapter 2, Article VI, Division 4, to increase disposal authority for surplus sales officer. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/17/2022 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#22-0818 Agenda Date: 8/18/2022 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 10.1 SUBJECT/RECOMMENDATION: Certify two housing projects completed by Habitat for Humanity of Pinellas County, Inc. are consistent with local plans and regulations and adopt Resolution 22-17. SUMMARY: Florida Statutes provide for tax credits such as the as the Community Contribution Tax Credit Program, as set out in Section 220.183, Florida Statues, as an incentive to donate to eligible projects for the construction of affordable housing. The statute requires a certification by local government that the projects are consistent with local plans and regulations be included in the application for community contribution tax credits. Habitat has completed construction of projects at 602 Alden Avenue, Clearwater, FL 33755 and at 1175 Tangerine Street, Clearwater FL 33755 identified by Pinellas County Property Identification Numbers 09-29-15-08622-000-0560 and 10-29-15-33552-004-0050 respectively. Staff has confirmed that these projects are consistent with applicable local plans and regulations. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 8/17/2022 Resolution No. 22-17 RESOLUTION 22-17 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, CERTIFYING THAT THE HOUSING PROJECTS CONSTRUCTED BY HABITAT FOR HUMANITY OF PINELLAS COUNTY, INC. d/b/a HABITAT FOR HUMANITY OF PINELLAS AND WEST PASCO COUNTIES ARE CONSISTENT WITH LOCAL PLANS AND REGULATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, Habitat for Humanity of Pinellas County, Inc. (Habitat) provides homeownership opportunities for low-to-moderate income persons in an effort to increase housing equity by building homes, community, and hope within Clearwater, Florida; and WHEREAS, Habitat is a non-profit corporation and meets the criteria for consideration as an eligible sponsor in the Community Contribution Tax Credit Program; and WHEREAS, Habitat has completed construction of projects at 602 Alden Avenue, Clearwater, FL 33755 and at 1175 Tangerine Street, Clearwater FL 33755 identified by Pinellas County Property Identification Numbers 09-29-15-08622-000-0560 and 10-29-15-33552-004-0050 respectively (Projects); and WHEREAS, the Projects are consistent with the City of Clearwater, Florida plans and regulations; and WHEREAS, the City of Clearwater supports both Habitat for Humanity of Pinellas County, Inc.’s building program and incentive programs that facilitate the provision of affordable, owner-occupied housing; and WHEREAS, Chapter 212.08, 220.183, 624.5105 Florida Statutes, provides tax credits and tax refunds such as the Community Contribution Tax Credit Program, as set out in Section 220.183, Florida Statues, as an incentive to donate to eligible projects for the construction of affordable housing; and WHEREAS, the criteria set forth in the Statute requires a certification by local government that the Projects are consistent with local plans and regulations be included in the application for community contribution tax credits. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That the Projects completed by Habitat for Humanity of Pinellas County, Inc. are consistent with local plans and regulations of the City of Clearwater. Resolution No. 22-17 Section 2. That this resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this _____ day of _________________, 2022. _____________________________ Frank V. Hibbard Approved as to form: Attest: ______________________________ ______________________________ Laura Mahony Rosemarie Call, City Clerk Senior Assistant City Attorney Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0731 Agenda Date: 8/18/2022 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 10.2 SUBJECT/RECOMMENDATION: Approve increases of residential and commercial Stormwater Utility rates by 1.75% per Equivalent Residential Unit (ERU) beginning October 1, 2022, October 1, 2023, October 1, 2024, October 1, 2025, and October 1, 2026; and pass Ordinance 9608-22. SUMMARY: August 14, 2019, City Council adopted a rate decrease of 8.5% effective October 1, 2019 and two years of 0% Stormwater rate increases for Fiscal Year (FY) 21 and FY22 (beginning October 1, 2020 and October 1, 2021). Stantec Consulting Services’ 2022 revenue sufficiency and financial forecast analysis determined that, due to current capital and operating cost projections, increases of 1.75% are needed for fiscal years 2023 ($13.64), 2024 ($13.87), 2025 ($14.11), 2026 ($14.36) and 2027 ($14.61). Per Stantec’s analysis, 1.75% increases are recommended for the remaining five years of the ten-year rate study forecast. The Stormwater Utility fees are utilized for planning, design, construction, operation, maintenance, regulation, and inspection of the stormwater management facilities of the City. Page 1 City of Clearwater Printed on 8/17/2022 ORDINANCE NO. 9608-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE CLEARWATER CODE OF ORDINANCES, APPENDIX A, SCHEDULE OF FEES, RATES AND CHARGES, ARTICLE XXIV, PUBLIC WORKS-FEES, RATES AND CHARGES, SECTION (3)(E) STORMWATER MANAGEMENT UTILITY RATES; PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to the 2022 Stantec Consulting Services’ Stormwater Revenue Sufficiency Analysis, the City’s Engineering Department (the “Department”) determined that due to current capital and operating cost projections, an annual 1.75% rate increase is required October 1 of fiscal years 2023, 2024, 2025, 2026 and 2027, and WHEREAS, this ordinance reflects such proposed rate changes; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA THAT: Section 1. Appendix A, Article XXIV Public Works--Fees, Rates, and Charges, Section (3)(e) Stormwater Management Utility Rates, Clearwater Code of Ordinances be amended by adding the underlined language and deleting the stricken language as follows: XXIV. PUBLIC WORKS—FEES, RATES AND CHARGES ********* (3) Rates: ********* (e) Stormwater management utility rates. The stormwater management utility rates shall be based upon the revenue requirements for the construction, administration, management, engineering, operation and maintenance of the stormwater management system, and the adopted capital improvement program funding needs of the system. For the purpose of these rates, the terms shall have the meanings set forth in section 32.242 or, if not defined in section 32.242, in sections 32.002 or 1.02. [A04-01311 /204642/2] Ordinance 9061-17 1. Basic rate. The rate per month for one equivalent residential unit or ERU shall be established as specified below and shall be effective for bills issued on or after the dates indicated: Effective 10/1/ 19 22 10/1/ 20 23 10/ 1/ 21 24 10/1/2025 10/1/2026 Per ERU $13.40 $ 13.40 $ 13.40 $14.36 $14.61 $13.64 $ 13.87 $ 14.11 ********* 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: Matthew J. Mytych, Esq. Assistant City Attorney Rosemarie Call City Clerk [A04-01311 /204642/2] 2 Ordinance 9061-17 City of Clearwater, FL FY 2022 Stormwater Revenue Sufficiency Analysis – Final Report July 12, 2022 July 12, 2022 Mr. Jay Ravins Finance Director City of Clearwater 100 S. Myrtle Avenue Clearwater, FL 33756 Re: FY 2022 Stormwater Revenue Sufficiency Analysis – Final Report Dear Mr. Ravins, Stantec Consulting Services Inc. is pleased to present this Final Report of the FY 2022 Stormwater Revenue Sufficiency Analysis that we have completed for the City of Clearwater, Florida (City), and its Stormwater Department. We appreciate the excellent assistance provided by you and all the members of City staff who participated in this Study. If you or others at the City have any questions, please do not hesitate to call me at (813) 269-6010 or reach me by email at leticia.doohaluk@stantec.com. We appreciate the opportunity to be of service to the City and look forward to working with you again in the near future. Sincerely, Leticia Doohaluk Managing Consultant 777 S. Harbour Island Boulevard, Suite 600 Tampa, FL 33602 Leticia.Doohaluk@stantec.com Enclosure City of Clearwater | FY 2022 Stormwater Revenue Sufficiency Analysis Stantec | 1 TABLE OF CONTENTS Introduction ........................................................................................................... 2 Background ................................................................................................................................. 2 Objectives ................................................................................................................................... 2 Revenue Sufficiency Analysis ............................................................................. 3 Source Data & Assumptions ....................................................................................................... 3 2.1.1 Beginning Fund Balances .................................................................................................... 3 2.1.2 Revenues ............................................................................................................................. 3 2.1.3 Operating Expenditures ....................................................................................................... 3 2.1.4 Payment in Lieu of Taxes (PILOT) ...................................................................................... 4 2.1.5 Capital Improvement Program (CIP) ................................................................................... 4 2.1.6 Early Retirement of the Series 2013 Bond .......................................................................... 4 2.1.7 Cost Escalation Factors ....................................................................................................... 5 2.1.8 Interest Earnings .................................................................................................................. 5 2.1.9 Customer Growth ................................................................................................................. 5 2.1.10 Debt Service Coverage ....................................................................................................... 5 2.1.11 Minimum Operating Reserve Policy ................................................................................... 6 Conclusions & Recommendations .............................................................................................. 6 Residential Stormwater Fee Survey .................................................................... 9 Appendix: Supporting Financial Schedules ............................................................. 11 1. Introduction City of Clearwater | FY 2022 Stormwater Revenue Sufficiency Analysis Stantec | 2 INTRODUCTION Stantec Consulting Services Inc. (Stantec) has conducted the FY 2022 Stormwater Revenue Sufficiency Analysis (RSA) for the City of Clearwater’s Stormwater Enterprise Fund (Utility or Fund). This report describes the objectives, data, and assumptions, as well as the conclusions and recommendations of the RSA. BACKGROUND The City of Clearwater (City) regularly retains Stantec to evaluate the sufficiency of the revenue provided by the City’s stormwater fees to meet both the current and projected cost requirements of the Utility. The FY 2019 RSA1 recommended a reduction to FY 2020 rates of 8.5% followed by no rate adjustments in FY 2012 and FY 2022. The FY 2021 RSA2 confirmed no adjustments to FY 2022 rates were needed but projected 1.0% annual adjustments starting in FY 2023. In the Spring of 2022, the City again retained Stantec to evaluate the sufficiency of the stormwater revenues to cover all operating and capital expenditures. OBJECTIVES The principal objectives of this Study were as follows: Revenue Sufficiency Analysis – To evaluate the sufficiency of current stormwater rate revenue to generate the level of revenue necessary to satisfy the Utility’s projected cost requirements through FY 2032, including 1) operating expenses, 2) capital improvement program (CIP) costs, 3) adequate operating reserves, 4) adequate debt service coverages; and, to develop a level plan of future rate revenue adjustments that will satisfy these projected requirements during each year of the projection. Conduct a Residential Stormwater Fee Survey – That compares the City’s monthly residential stormwater fee per single-family residential unit to that of other stormwater systems in the City’s surrounding geographic area. 1 Final Report dated September 10, 2019 2 Final Report dated July 30, 2021 2. Revenue Sufficiency Analysis City of Clearwater | FY 2022 Stormwater Revenue Sufficiency Analysis Stantec | 3 REVENUE SUFFICIENCY ANALYSIS This section presents the financial management plan developed and described herein, which includes the source data and assumptions, as well as conclusions and recommendations of the RSA. The Appendix includes detailed supporting schedules of the financial management plan. SOURCE DATA & ASSUMPTIONS The following presents the key source data and assumptions relied upon in conducting the RSA. 2.1.1 Beginning Fund Balances The FY 2021 Comprehensive Annual Financial Report Statement of Net Position and supporting trial balance schedules provided by City staff were used to establish the FY 2022 beginning balances of the Fund, as of October 1, 2021. It is important to note that funds reserved or encumbered for specific capital projects were included in the beginning fund balances and the associated capital project costs were also included in the capital improvement program. 2.1.2 Revenues The revenues utilized in the RSA reflect an evaluation of multiple years of historical results, FY 2021 actual results and the FY 2022 Budget. Revenues consist of rate revenue (stormwater fee revenues), other minor operating revenues and interest income. Stormwater fee revenues are based upon a straight-line extrapolation of fiscal year-to-date revenues through February 2022. Beyond FY 2022, stormwater fee revenues are adjusted annually based upon assumed annual changes in accounts as well as changes for the projected annual rate increases shown in the results section of this report. The FY 2022 Budget serves as the basis for all other revenue projections, with the exception of interest income, which is calculated annually based upon projected average annual fund balances and assumed interest rates discussed in more detail in Section 2.1.8 of this report. Historically, Water Utility Fund revenues have represented payment for engineering work performed by Stormwater personnel on behalf of the Water Utility. As City staff anticipates this cost sharing arrangement will phase out, this revenue has been reduced to $0 starting in FY 2023. 2.1.3 Operating Expenditures The Fund’s operating expenditures include all operating and maintenance (O&M) expenses, transfers (including payment in lieu of taxes or PILOT), debt service requirements and minor capital outlay expenditures. The RSA based the operating expenditure projections on the individual expense categories and expense amounts contained in the FY 2022 Budget. Starting in FY 2023, each expense line item is 2. Revenue Sufficiency Analysis City of Clearwater | FY 2022 Stormwater Revenue Sufficiency Analysis Stantec | 4 adjusted annually based upon assumed cost escalation factors discussed in Section 2.1.7 of this report, which were validated with City staff. Garage services expenses reflect a reduction of $100,000 per year starting in FY 2023, consistent with staff’s expectation and leveling off at around $545,000 per year by FY 2027. Existing annual debt service expenses reflect schedules for each outstanding issuance of the Fund as provided by City staff. A complete list of all projected O&M costs is presented in Schedule 4 of the Appendix. 2.1.4 Payment in Lieu of Taxes (PILOT) The FY 2022 payment in lieu of taxes reflect the FY 2022 Budget amount as provided by City staff. Starting in FY 2023, the annual calculation of the PILOT to be transferred to the City’s General Fund is based upon 5.5% of the prior year’s audited total operating revenues in each year of the projection period. The total annual payments, allocated by department, are listed in Schedule 4 of the Appendix. 2.1.5 Capital Improvement Program (CIP) The Capital Improvement Program (CIP) was provided by City staff through FY 2032. No additional escalation factors were applied to the CIP because staff had already accounted for inflation to account for the future cost of construction. The original CIP as provided by staff, included total prior year appropriations as well as FY 2022 CIP project funding of approximately $34.1M. Through discussion with staff, assumptions were made regarding the capacity of the City to execute the capital program as provided, given strong labor market conditions and high turnover in project management and engineering positions across all utilities in the United States. As such, City staff provided Stantec with anticipated actual capital spending throughout the projection period. The spending assumptions include a deferral of $29M from FY 2022, redistributed through FY 2032. With this adjustment, the RSA projects average annual CIP spending of approximately $11M through FY 2032. It is important to note that this assumption implies that City staff will regularly re-evaluate and re- prioritize the appropriated capital improvement projects as well as the funding of future projects to those annual spending assumptions. A list of projects and costs by year is included in Schedule 6 of the Appendix. 2.1.6 Early Retirement of the Series 2013 Bond Given the amount of available unrestricted funds built up over the past few fiscal years from 1) the receipt of more grants than previously anticipated, 2) higher stormwater fee revenues than projected, 3) savings from regulatory costs that did not come to fruition and 4) savings in administration charges, personnel expenses and other services charges, the Stormwater Fund was able to retire the Series 2014 Revenue Bond early in FY 2020 and the Series 2013 Bond on November 1, 2021 (FY 2022). Given that our beginning balances for FY 2022 as described in Section 2.1.1 of this report did not yet account for the Series 2013 Bond full repayment, the RSA reflects the one-time payoff amount of $8,002,487 million in FY 2022. 2. Revenue Sufficiency Analysis City of Clearwater | FY 2022 Stormwater Revenue Sufficiency Analysis Stantec | 5 2.1.7 Cost Escalation Factors Annual cost escalation factors for the various types of O&M expenses were discussed with City staff and applied in each year of the projection period beginning in FY 2023. In general, the operating expenses, with the exception of pension plan expenditures, are projected to track with overall inflation patterns, and most other expenditure line items are projected to increase at annual rates of between 3.0% and 10.0%. The employee pension plan expenditures are calculated as 6.5% of salaries and wages in FY 2023, 7.75% in FY 2024, and 8.5% for every subsequent year. The weighted average annual O&M expenses increase for the 10-year projection is 4.29%. The specific escalation factors assumed for each type of expense are presented on Schedule 5 of Appendix. 2.1.8 Interest Earnings The projection of interest earnings on invested funds (including funds dedicated for CIP projects) was provided by City staff and reflects an earnings rate of 1% in FY 2022, 2% in FY 2023, and 2.25% in FY 2024 and throughout the remainder of the forecast. Annual interest earnings are presented in Schedule 3 of the Appendix. 2.1.9 Customer Growth Given the fully built-out nature of the City of Clearwater, the RSA assumes no annual growth in accounts. As such, to the extent any growth happens, the results will have a positive impact to the financial plan, assuming all other factors remain constant. 2.1.10 Debt Service Coverage The Utility must maintain annual net revenue (gross revenue minus operating expenses) that is at least 1.15 times greater than the annual debt service requirement (i.e., the annual principal and interest payments) on its outstanding senior-lien debt. This coverage requirement is a minimum bond covenant requirement. To the extent a utility is unable to meet this requirement, it could be found in technical default, which could result in reductions in credit ratings, which would negatively affect the interest rate and terms of future financing initiatives. As a policy decision, well-managed utilities almost always measure revenue sufficiency and set rates based upon higher coverage levels, to ensure compliance with these covenants, in the event future actual revenue and expenses do not occur as projected. This practice tends to enhance a utility’s effectiveness over time as it tends to provide funds which can be available to implement programs and capital projects without the issuance of additional debt. The utility sufficiently meets the coverage requirements each year in the projection period. Moreover, given the reduction in annual debt service as discussed above in section 2.1.6, calculated debt service coverage levels are well above these minimum levels. Annual coverage calculations are presented in Schedule 8 of the Appendix. 2. Revenue Sufficiency Analysis City of Clearwater | FY 2022 Stormwater Revenue Sufficiency Analysis Stantec | 6 2.1.11 Minimum Operating Reserve Policy An operating reserve is a balance maintained to meet short-term cash flow requirements as well as minimize the risk associated with meeting the financial obligations and continued operational and capital needs under adverse conditions. The level of reserves maintained by a utility is an important component and consideration of developing a utility system multi-year financial management plan. Many utilities, rating agencies, and the investment community as a whole place a significant emphasis on having sufficient reserves available for potentially adverse conditions. The rationale related to the maintenance of adequate reserves is twofold. First, it helps to ensure that a utility will have adequate funds available to meet its financial obligations during unusual periods (i.e., when revenues are unusually low and/or expenditures are unusually high). Second, it provides funds that can be used for emergency repairs or replacements to the system that can occur because of natural disasters or unanticipated system failures. Moreover, reserves are an important financial indicator considered by rating agencies in establishing credit rating for municipal utility systems, thereby impacting the terms and costs of future borrowing requirements. Rating agency guidance as to the level of operating reserve for utility systems tend to be consistent with our industry experience. Based upon Stantec’s industry experience, efficient utilities often target a minimum operating reserve in the range of 3–12 months of annual O&M expenses, depending on other reserve funds and practices, local economic conditions and other financial management policies and procedures. For the City of Clearwater, the RSA reflects a target minimum operating reserve equal to six months of O&M expenses. This particular objective is generally not established as a strict minimum, as many factors could create circumstances under which a utility may elect to allow fund balances to fall below that target for a period of time. Currently, the City’s operating reserve balance is above the target due to 1) management’s diligence in securing historical grants to fund capital projects, 2) the Fund benefiting from regulatory costs that did not come to fruition, and 2) management’s ability to reduce annual operating costs. Given the projections herein, existing operating reserves will be spent downward over the projection period and will move closer to the target six-month level by FY 2032. As such, the targeted minimum balances are maintained in all years. CONCLUSIONS & RECOMMENDATIONS As previously stated, the revenue sufficiency analysis evaluated the sufficiency of the current stormwater rate revenues to generate the level of revenues necessary to satisfy the Utility’s projected 1) operating expenses, 2) capital improvement costs, 3) adequate operating reserves, and 4) adequate debt service coverage during the 10-year projection. The results of the Stormwater Fund’s revenue sufficiency analysis are summarized in Figure 2-1 below and Stantec concludes that the Fund is projected to generate healthy levels of operating net income and maintain strong debt service coverages with the assumed 1.75% assumed rate increases thru FY 2027 and 2. Revenue Sufficiency Analysis City of Clearwater | FY 2022 Stormwater Revenue Sufficiency Analysis Stantec | 7 3.00% a year starting in FY 2028. Furthermore, given the Fund’s current operating reserve, the City can continue to invest in its Stormwater infrastructure on a pay-as-you-go basis while spending those operating fund reserves closer to the six-months operating reserve target discussed in Section 2.1.11 of this report. Based upon the assumptions and base data presented herein, Stantec recommends the implementation of 1.75% rate adjustments for FY 2023 thru FY 2027. This will allow the Fund to continue funding its operating and capital needs while preserving its borrowing capacity. Moreover, Stantec recommends continued annual or bi-annual reviews of the Fund’s revenue sufficiency so that the projected use of reserves can be monitored, and annual rate adjustment needs are verified to avoid the need for sizeable one-time rate impacts to customers in future fiscal years. The annual or bi-annual reviews will also allow for the incorporation of updated revenue and expense information, as well as changes in economic conditions, customer accounts, regulatory requirements, and other factors that can materially affect the financial management plan. The recommended rate adjustments and customer impacts are presented in Table 2.1. Figure 2-1 FY 2022 RSA Results Table 2.1 – Proposed Rate Adjustments & Customer Impacts Fiscal Year FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 Rate Adjustment 1.75% 1.75% 1.75% 1.75% 1.75% Monthly Bill (per ERU) $13.64 $13.87 $14.11 $14.36 $14.61 $ Change $0.24 $0.23 $0.24 $0.25 $0.25 2. Revenue Sufficiency Analysis City of Clearwater | FY 2022 Stormwater Revenue Sufficiency Analysis Stantec | 8 It is important to note that the projections of future conditions underlying this analysis are not intended to be predictions. Applicable to many stormwater utility systems, there are multiple factors beyond the City’s control, such as weather, regulatory changes, national, regional, and local economic conditions, the rate of growth in new customers, customer reaction to rate adjustments, operating and capital cost inflation, and changes in the timing and composition of the Utility’s capital improvement program, that will have material impacts on the future financial condition of the City’s utility operations. Further, the projections in this Study rely upon data and guidance provided during the Study, and while the information utilized in this Study is believed to be reliable, detailed independent reviews or auditing of the data were not conducted. As a result, there will usually be differences between forecast and actual results because events and circumstances frequently do not occur as expected, and those differences may be material. While we have no responsibility to update this report for events and circumstances occurring after the date of this report, future management actions must be informed by and adjusted to reflect future results as they occur. These comments are provided to emphasize the importance of active management informed by the actual future results of utility operations by the City. While the planning effort supported by this Study will serve to guide and inform the City in balancing future revenue and spending decisions, it is only through observation of future results that the City will be able to determine the actions required to ensure its financial and operational objectives are met. The Appendix includes detailed schedules presenting all components of the financial management plan developed for the Stormwater Utility. 3. Residential Stormwater Fee Survey City of Clearwater | FY 2022 Stormwater Revenue Sufficiency Analysis Stantec | 9 RESIDENTIAL STORMWATER FEE SURVEY As part of the RSA, Stantec also performed a comparative residential stormwater fee survey of the City’s surrounding geographic area. The blue bars in Figure 3-1 below reflects the monthly bill for a single-family residential stormwater customer with fees in effect as of October 1, 2021 (FY 2022) for each community, based on public information related to FY 2022 rates available as of May 20, 2022. The rates used in the surveys were based upon information available on each utility’s website, provided by its billing department, and/or published in rate ordinances as available on Municode.com. It is important to note that this survey is a snapshot in time for FY 2022. With the multitude of financial pressures each utility is currently facing, many of the monthly bills shown for each municipality in this survey are most likely to change in FY 2023 and beyond. Figure 3-1 FY 2022 Monthly Residential Stormwater Fee Survey Disclaimer City of Clearwater | FY 2022 Stormwater Revenue Sufficiency Analysis Stantec | 10 Disclaimer This document was produced by Stantec Consulting Services Inc. (“Stantec”) for the City of Clearwater, FL and is based on a specific scope agreed upon by both parties. Stantec’s scope of work and services do not include serving as a “municipal advisor” for purposes of the registration requirements of the Dodd-Frank Wall Street Reform and Consumer Protection Act (2010) or the municipal advisor registration rules issued by the Securities and Exchange Commission. Stantec is not advising the City of Clearwater, FL, or any municipal entity or other person or entity, regarding municipal financial products or the issuance of municipal securities, including advice with respect to the structure, terms, or other similar matters concerning such products or issuances. In preparing this report, Stantec utilized information and data obtained from the City of Clearwater, FL or public and/or industry sources. Stantec has relied on the information and data without independent verification, except only to the extent such verification is expressly described in this document. Any projections of future conditions presented in the document are not intended as predictions, as there may be differences between forecasted and actual results, and those differences may be material. Additionally, the purpose of this document is to summarize Stantec’s analysis and findings related to this project, and it is not intended to address all aspects that may surround the subject area. Therefore, this document may have limitations, assumptions, or reliance on data that are not readily apparent on the face of it. Moreover, the reader should understand that Stantec was called on to provide judgments on a variety of critical factors which are incapable of precise measurement. As such, the use of this document and its findings by the City of Clearwater, FL should only occur after consultation with Stantec, and any use of this document and findings by any other person is done so entirely at their own risk. Appendix: Supporting Financial Schedules City of Clearwater | FY 2022 Stormwater Revenue Sufficiency Analysis Stantec | 11 APPENDIX: SUPPORTING FINANCIAL SCHEDULES Schedule 1 Assumptions Schedule 2 FY 2022 Beginning Balances Schedule 3 Projection of Cash Inflows Schedule 4 Projection of Cash Outflows Schedule 5 Cost Escalation Factors Schedule 6 Capital Improvement Program Schedule 7 FAMS - Control Panel Schedule 8 Pro Forma Schedule 9 Capital Project Funding Summary Schedule 10 Detailed Funding by Fund Schedule 11 Senior Lien Borrowing Projections Appendix: Supporting Financial Schedules Assumptions Schedule 1 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 Rate Increase Adoption Date 10/1/2021 10/1/2022 10/1/2023 10/1/2024 10/1/2025 10/1/2026 10/1/2027 10/1/2028 10/1/2029 10/1/2030 10/1/2031 Stormwater Annual Growth Number of Accounts 32,318 32,318 32,318 32,318 32,318 32,318 32,318 32,318 32,318 32,318 32,318 Account Growth - - - - - - - - - - - % Change in Accounts 0.00%0.00%0.00%0.00%0.00%0.00%0.00%0.00%0.00%0.00%0.00% Capital Spending Annual Capital Budget (Future Year Dollars)1 5,123,129$ 6,138,010$ 11,499,739$ 11,330,391$ 11,535,974$ 11,904,397$ 12,181,840$ 12,586,299$ 12,803,637$ 13,049,907$ 13,167,356$ Annual Percent Executed 100%100%100%100%100%100%100%100%100%100%100% Average Annual Interest Earnings Rate On Fund Balances 1.00%2.00%2.25%2.25%2.25%2.25%2.25%2.25%2.25%2.25%2.25% Operating Budget Reserve Target (Number of Months of Reserve)6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 Operating Budget Execution Percentage Personal Services 100%100%100%100%100%100%100%100%100%100%100% Fixed Operations and Maintenance 100%100%100%100%100%100%100%100%100%100%100% Debt Service on Lease Purchases2 100%100%100%100%100%100%100%100%100%100%100% 2 Reflects principal and interest expenses related to stormwater vehicles and equipment. 1 City staff provided Stantec with anticipated annual CIP spending. As such, $29M of FY 2022 appropriations and unspent prior year appropriations were deferred in FY 2022 and re-distributed into other future years of the projection. City of Clearwater | FY 2022 Stormwater Revenue Sufficiency Analysis Stantec | 12 Appendix: Supporting Financial Schedules FY 2022 Beginning Balances Schedule 2 Stantec Grouping of Funds in Model Revenue Fund Restricted Reserves Current Unrestricted Assets Equity in pooled cash and investments 46,460,834$ -$ Accrued Int Receivables 47,266 - Other receivables - - Billed charges 734,217 - Unbilled charges estimated 1,341,800 - Less: Allowance for uncollectable accounts (2,501) - Due from other governmental entities - - Restricted cash and investments - current -1,591,853 Total Assets 48,581,616$ 1,591,853$ Current Liabilities Less: Accounts and contracts payable (585,360)$ -$ Less: Accrued payroll (152,691) - Less: Compensated absences (130,414) - Less: Accrued interest payable - current (213) - Less: Accrued interest payable - current restricted - (299,352) Calculated Fund Balance (Assets - Liabilities)47,712,938$ 1,292,501$ Restricted Reserves Less Subtotal of Reserves Available for Carry-Over CIP -$ -$ Less: Current Portion of LT Liabilities - Revenue Bonds - (1,292,500) Net Unrestricted Fund Balance 47,712,938$ 1$ Funds Encumbered or Reserved for Projects not in the CIP - - Available Fund Balance 47,712,938$ 1$ Fund Summary Revenue Fund 47,712,938$ Restricted Reserves 1 Available Fund Balance 47,712,939$ City of Clearwater | FY 2022 Stormwater Revenue Sufficiency Analysis Stantec | 13 Appendix: Supporting Financial Schedules Schedule 3 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 1 Rate Revenue Growth Assumptions 2 % Change in Rate Revenue 0.00%0.00%0.00%0.00%0.00%0.00%0.00%0.00%0.00%0.00%0.00% 3 Assumed Rate Revenue Increases 4 Assumed Stormwater Rate Increase 0.00%1.75%1.75%1.75%1.75%1.75%3.00%3.00%3.00%3.00%3.00% 5 Stormwater Rate Revenue 6 Rate Revenue 16,918,333$ 17,214,404 17,515,656 17,822,180 18,134,068 18,451,415 19,004,957 19,575,106 20,162,359 20,767,230 21,390,247 7 Total Water Rate Revenue 16,918,333$ 17,214,404 17,515,656 17,822,180 18,134,068 18,451,415 19,004,957 19,575,106 20,162,359 20,767,230 21,390,247 8 Other Operating Revenue 9 Water Utility Fund1 19,750$ - - - - - - - - - - 10 Parking Fund 75,150 75,150 75,150 75,150 75,150 75,150 75,150 75,150 75,150 75,150 75,150 11 Late Payment Fee 73,000 73,000 73,000 73,000 73,000 73,000 73,000 73,000 73,000 73,000 73,000 12 Capital Labor 4,000 4,000 4,000 4,000 4,000 4,000 4,000 4,000 4,000 4,000 4,000 13 Total Other Operating Revenue 171,900$ 152,150 152,150 152,150 152,150 152,150 152,150 152,150 152,150 152,150 152,150 14 Non-Operating Revenue 15 Sale of Scrap 6,000$ 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 16 Total Non-Operating Revenue 6,000$ 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 17 Interest Income 18 Interest Income 452,091$ 879,246 987,373 928,828 869,267 802,255 728,094 647,576 560,854 469,449 374,262 19 Interest Income - Restricted - 92,151 174,512 237,368 257,111 261,552 268,548 276,084 283,305 289,114 293,580 20 Total Interest Income 452,091$ 971,398 1,161,886 1,166,195 1,126,378 1,063,806 996,643 923,661 844,159 758,563 667,843 21 Total Cash Inflows 17,548,324$ 18,343,952 18,835,692 19,146,525 19,418,597 19,673,371 20,159,750 20,656,916 21,164,668 21,683,943 22,216,239 1 Reflects reimbursed costs to for services performed on behalf of Water Fund. Such services are projected to be phased out in FY 2022. Projection of Cash Inflows City of Clearwater | FY 2022 Stormwater Revenue Sufficiency Analysis Stantec | 14 Appendix: Supporting Financial Schedules Projection of Cash Outflows Schedule 4 Expense Line Item FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 1 Stormwater Management Personal Services 2 510100 Full Time Salaries & Wages 694,217$ 725,457 765,357 807,452 847,824 890,215 934,726 981,462 1,030,535 1,082,062 1,136,165 3 510200 Part Time Salaries & Wages 22,180 23,178 24,453 25,798 27,088 28,442 29,864 31,357 32,925 34,572 36,300 4 510500 Overtime 1,790 1,871 1,973 2,082 2,186 2,295 2,410 2,531 2,657 2,790 2,930 5 520100 Life Ins $2500 Empl & Pens 80 88 94 99 104 109 114 120 126 132 139 6 520300 Samp Life Insurance 2,304 2,534 2,712 2,847 2,990 3,139 3,296 3,461 3,634 3,816 4,007 7 520400 Major Medical Ins-Emp 116,260 127,886 136,838 143,680 150,864 158,407 166,327 174,644 183,376 192,545 202,172 8 520600 Social Security-Employee 11,467 11,983 12,642 13,337 14,004 14,704 15,440 16,212 17,022 17,873 18,767 9 520700 Emp Pension Plan 1 44,921 48,783 61,363 71,003 74,553 78,281 82,195 86,305 90,620 95,151 99,909 10 520900 Workers Compensation 3,490 3,647 3,848 4,059 4,262 4,475 4,699 4,934 5,181 5,440 5,712 11 522000 CWA Life 402 442 473 497 522 548 575 604 634 666 699 12 530100 Professional Services 70,000 77,000 82,390 86,510 90,835 95,377 100,146 105,153 110,410 115,931 121,728 13 530300 Other Contractual Serv 286,220 300,531 314,055 326,617 338,049 348,190 358,636 369,395 380,477 391,891 403,648 14 542200 Elec-Util Charges 7,000 7,350 7,681 7,988 8,268 8,516 8,771 9,034 9,305 9,584 9,872 15 542300 Gas,Water & Sanitation Utl 880 924 966 1,004 1,039 1,071 1,103 1,136 1,170 1,205 1,241 16 542500 Postage 1,000 1,050 1,097 1,141 1,181 1,217 1,253 1,291 1,329 1,369 1,410 17 543100 Advertising 780 819 856 890 921 949 977 1,007 1,037 1,068 1,100 18 543400 Printing & Binding 3,800 3,990 4,170 4,336 4,488 4,623 4,761 4,904 5,051 5,203 5,359 19 544100 Equipt Rental 100 105 110 114 118 122 125 129 133 137 141 20 545100 Insurance 1,430 1,502 1,569 1,632 1,689 1,740 1,792 1,846 1,901 1,958 2,017 21 546100 Ofc Equip Svc & Repair 100 105 110 114 118 122 125 129 133 137 141 22 546200 Other Equip Svc & Repair 250 263 274 285 295 304 313 323 332 342 353 23 547100 Uniforms-Employee 1,200 1,260 1,317 1,369 1,417 1,460 1,504 1,549 1,595 1,643 1,692 24 547200 Travel Expense-Emp 6,100 6,405 6,693 6,961 7,205 7,421 7,643 7,873 8,109 8,352 8,603 25 547300 Mileage Reimbursement 410 431 450 468 484 499 514 529 545 561 578 26 547400 Meals-Employee 80 84 88 91 94 97 100 103 106 110 113 27 548000 Other Services Or Charges 100 105 110 114 118 122 125 129 133 137 141 28 550100 Office Supplies 720 756 790 822 850 876 902 929 957 986 1,015 29 550400 Operating Supplies & Matls 4,680 4,914 5,135 5,341 5,527 5,693 5,864 6,040 6,221 6,408 6,600 30 557100 Memberships/Subs/Lic Emp 6,810 7,151 7,472 7,771 8,043 8,284 8,533 8,789 9,053 9,324 9,604 31 557200 Officl Recognition-Emp 300 315 329 342 354 365 376 387 399 411 423 32 557300 Training & Ref Employee 8,250 8,663 9,052 9,414 9,744 10,036 10,337 10,647 10,967 11,296 11,635 Internal Services 33 540100 Garage Services 3,660$ 3,843 4,035 4,237 4,449 4,671 4,905 5,150 5,407 5,678 5,962 34 540300 Telephone Service Variable 5,070 5,324 5,590 5,869 6,163 6,471 6,794 7,134 7,491 7,865 8,258 35 540600 Telephone Svc Fixed 1,170 1,229 1,290 1,354 1,422 1,493 1,568 1,646 1,729 1,815 1,906 36 540900 Risk Mgmt Service 2,270 2,384 2,503 2,628 2,759 2,897 3,042 3,194 3,354 3,522 3,698 37 541000 Info Technology Charge 122,680 128,814 135,255 142,017 149,118 156,574 164,403 172,623 181,254 190,317 199,833 38 542000 Employee Benefits-Fixed 2,580 2,709 2,844 2,987 3,136 3,293 3,457 3,630 3,812 4,002 4,203 39 540800 Bldg Svc Chgs CH & MSB-Fixed 25,140 26,397 27,717 29,103 30,558 32,086 33,690 35,375 37,143 39,000 40,950 40 Total Stormwater Management 1,459,891$ 1,540,288 1,633,700 1,722,375 1,802,841 1,885,183 1,971,408 2,061,703 2,156,265 2,255,299 2,359,022 43 Stormwater Maintenance 44 510100 Full Time Salaries & Wages 1,948,710$ 2,036,402 2,148,404 2,266,566 2,379,895 2,498,889 2,623,834 2,755,025 2,892,777 3,037,416 3,189,286 45 510400 Special Pay 26,790 28,130 29,395 30,571 31,641 32,590 33,568 34,575 35,612 36,681 37,781 46 510500 Overtime 20,310 21,224 22,391 23,623 24,804 26,044 27,346 28,714 30,149 31,657 33,240 47 520100 Life Ins $2500 Empl & Pens 30 33 35 37 39 41 43 45 47 50 52 48 520200 1% Life Insurance-Employee 403 443 474 498 523 549 577 605 636 667 701 49 520300 Samp Life Insurance 768 845 904 949 997 1,046 1,099 1,154 1,211 1,272 1,336 50 520400 Major Medical Ins-Emp 466,813 513,494 549,439 576,911 605,756 636,044 667,846 701,239 736,301 773,116 811,771 51 520600 Social Security-Employee 29,864 31,208 32,924 34,735 36,472 38,296 40,210 42,221 44,332 46,548 48,876 52 520700 Emp Pension Plan1 120,463 135,574 170,515 197,265 207,089 217,390 228,204 239,557 251,476 263,989 277,126 53 520900 Workers Compensation 34,300 35,844 37,815 39,895 41,889 43,984 46,183 48,492 50,917 53,463 56,136 54 521000 Disability Insurance 260 286 306 321 337 354 372 391 410 431 452 55 522000 CWA Life 7,538 8,292 8,872 9,316 9,782 10,271 10,784 11,323 11,890 12,484 13,108 56 530300 Other Contractual Serv 21,600 22,680 23,701 24,649 25,511 26,277 27,065 27,877 28,713 29,575 30,462 57 542200 Elec-Util Charges 1,820 1,911 1,997 2,077 2,150 2,214 2,280 2,349 2,419 2,492 2,567 58 542300 Gas,Water & Sanitation Utl 51,730 54,317 56,761 59,031 61,097 62,930 64,818 66,763 68,766 70,828 72,953 City of Clearwater | FY 2022 Stormwater Revenue Sufficiency Analysis Stantec | 15 Appendix: Supporting Financial Schedules Projection of Cash Outflows Schedule 4 Expense Line Item FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 59 542500 Postage 370 389 406 422 437 450 464 478 492 507 522 60 542700 Interfd Svc Chg-Other Fund 9,960 10,458 10,981 11,530 12,106 12,712 13,347 14,015 14,715 15,451 16,224 61 542800 Interfd Other Serv Chgs 389,030 408,482 428,906 450,351 472,868 496,512 521,337 547,404 574,774 603,513 633,689 62 542900 Interfd Admin Service Chg 533,550 560,228 588,239 617,651 648,533 680,960 715,008 750,758 788,296 827,711 869,097 63 543400 Printing & Binding 3,300 3,465 3,621 3,766 3,898 4,014 4,135 4,259 4,387 4,518 4,654 64 543500 Dump Fee 137,800 146,068 154,832 164,122 173,969 184,407 195,472 207,200 219,632 232,810 246,779 65 544100 Equipt Rental 30,000 31,500 32,918 34,234 35,432 36,495 37,590 38,718 39,879 41,076 42,308 66 545100 Insurance 52,860 55,503 58,001 60,321 62,432 64,305 66,234 68,221 70,268 72,376 74,547 67 546200 Other Equip Svc & Repair 18,000 18,900 19,751 20,541 21,259 21,897 22,554 23,231 23,928 24,646 25,385 68 547100 Uniforms-Employee 15,100 15,855 16,568 17,231 17,834 18,369 18,920 19,488 20,073 20,675 21,295 69 547200 Travel Expense-Emp 6,750 7,088 7,406 7,703 7,972 8,211 8,458 8,712 8,973 9,242 9,519 70 547300 Mileage Reimbursement 460 483 505 525 543 560 576 594 611 630 649 71 547400 Meals-Employee 600 630 658 685 709 730 752 774 798 822 846 72 548000 Other Services Or Charges 1,000 1,050 1,097 1,141 1,181 1,217 1,253 1,291 1,329 1,369 1,410 73 550100 Office Supplies 5,000 5,250 5,486 5,706 5,905 6,083 6,265 6,453 6,647 6,846 7,051 74 550400 Operating Supplies & Matls 180,980 190,029 198,580 206,524 213,752 220,164 226,769 233,572 240,580 247,797 255,231 75 551500 Medical Supplies 1,000 1,050 1,097 1,141 1,181 1,217 1,253 1,291 1,329 1,369 1,410 76 552500 $750-5000 Mach & Equip 6,300 6,615 6,913 7,189 7,441 7,664 7,894 8,131 8,375 8,626 8,885 77 557100 Memberships/Subs/Lic Emp 4,490 4,715 4,927 5,124 5,303 5,462 5,626 5,795 5,969 6,148 6,332 78 557200 Officl Recognition-Emp 1,260 1,323 1,383 1,438 1,488 1,533 1,579 1,626 1,675 1,725 1,777 79 557300 Training & Ref Employee 21,370 22,439 23,448 24,386 25,240 25,997 26,777 27,580 28,407 29,260 30,137 80 540100 Garage Services2 888,370 832,789 770,264 701,075 625,612 544,381 560,712 577,533 594,859 612,705 631,086 81 540300 Telephone Service Variable 2,840 2,982 3,131 3,288 3,452 3,625 3,806 3,996 4,196 4,406 4,626 82 540500 Radio Svc-Fixed 21,980 23,079 24,233 25,445 26,717 28,053 29,455 30,928 32,474 34,098 35,803 83 540600 Telephone Svc Fixed 1,170 1,229 1,290 1,354 1,422 1,493 1,568 1,646 1,729 1,815 1,906 84 540700 Postal Service 180 189 198 208 219 230 241 253 266 279 293 85 540900 Risk Mgmt Service 9,520 9,996 10,496 11,021 11,572 12,150 12,758 13,396 14,065 14,769 15,507 86 541000 Info Technology Charge 162,350 170,468 178,991 187,940 197,337 207,204 217,565 228,443 239,865 251,858 264,451 87 541500 Garage Variable 11,000 11,550 12,128 12,734 13,371 14,039 14,741 15,478 16,252 17,065 17,918 88 541600 Bldg & Maint-Variable 15,400 16,170 16,979 17,827 18,719 19,655 20,637 21,669 22,753 23,890 25,085 89 541800 Administrative Charge 393,950 413,648 434,330 456,046 478,849 502,791 527,931 554,327 582,044 611,146 641,703 90 542000 Employee Benefits-Fixed 10,850 11,393 11,962 12,560 13,188 13,848 14,540 15,267 16,030 16,832 17,674 91 571300 Principal-Leased Equipment 42,520 - - - - - - - - - - 92 572300 Interest-Leased Equipt 430 - - - - - - - - - - 93 Total Stormwater Maintenance 5,711,139$ 5,875,689 6,113,657 6,337,671 6,537,925 6,743,346 7,060,447 7,392,856 7,741,326 8,106,647 8,489,646 94 Debt Service 95 Prepayment of 2013 Bonds 3 8,002,487$ - - - - - - - - - - 96 Total Debt Service 8,002,487$ - - - - - - - - - - 97 Total Expenses by Category 98 Personal Services 3,553,360$ 3,757,643 4,011,229 4,251,541 4,463,621 4,686,115 4,919,714 5,164,971 5,422,469 5,692,820 5,976,665 99 Operations & Maintenance 3,574,720 3,658,334 3,736,128 3,808,505 3,877,145 3,942,414 4,112,142 4,289,589 4,475,122 4,669,126 4,872,004 100 Debt Service on Lease Purchases 4 42,950 - - - - - - - - - - 101 Prepayment of 2013 Bonds 3 8,002,487 - - - - - - - - - - 102 Total Expenses 15,173,517$ 7,415,977 7,747,357 8,060,046 8,340,766 8,628,529 9,031,855 9,454,560 9,897,591 10,361,946 10,848,668 103 Expense Execution Factors 104 Personal Services 100%100%100%100%100%100%100%100%100%100%100% 105 Operations & Maintenance 100%100%100%100%100%100%100%100%100%100%100% 106 Debt Service on Lease Purchases 100%100%100%100%100%100%100%100%100%100%100% 108 Total Expenses at Execution 109 Personal Services 3,553,360$ 3,757,643 4,011,229 4,251,541 4,463,621 4,686,115 4,919,714 5,164,971 5,422,469 5,692,820 5,976,665 110 Operations & Maintenance 3,574,720 3,658,334 3,736,128 3,808,505 3,877,145 3,942,414 4,112,142 4,289,589 4,475,122 4,669,126 4,872,004 111 Debt Service on Lease Purchases 42,950 - - - - - - - - - - 112 Total Expenses at Execution 7,171,030$ 7,415,977 7,747,357 8,060,046 8,340,766 8,628,529 9,031,855 9,454,560 9,897,591 10,361,946 10,848,668 114 Transfers Out 115 590200 Interfund Transfer (PILOT) 5 942,880$ 956,477 939,963 955,160 971,729 988,588 1,005,742 1,023,196 1,053,641 1,084,999 1,117,298 City of Clearwater | FY 2022 Stormwater Revenue Sufficiency Analysis Stantec | 16 Appendix: Supporting Financial Schedules Projection of Cash Outflows Schedule 4 Expense Line Item FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 116 Total Transfers Out 942,880$ 956,477 939,963 955,160 971,729 988,588 1,005,742 1,023,196 1,053,641 1,084,999 1,117,298 117 Debt Service 118 Series 2012 Revenue Bond 1,316,475$ 1,319,369 1,320,888 1,332,738 1,332,563 1,346,113 1,338,063 1,352,294 1,359,025 1,362,738 1,368,288 New Debt Service (Model Calculated)- - - - - - - - - - - 119 Total Debt Service 1,316,475$ 1,319,369 1,320,888 1,332,738 1,332,563 1,346,113 1,338,063 1,352,294 1,359,025 1,362,738 1,368,288 120 Total Cash Outflows 17,432,872$ 9,691,823 10,008,207 10,347,944 10,645,058 10,963,230 11,375,660 11,830,049 12,310,257 12,809,682 13,334,254 1 Projected as 7.00% of total Salaries and Wages staring in FY 2023 and throughout the remainder of the projection. 2 Reduction of $100,000 a year to reflects staff's expectation that future annual spending will be closer to $550k starting in 2027 as reflected herein. 3 Reflects payoff of Series 2013 principal and interest on November 1, 2022. 4 Staff anticipates to fund vehicle purchases with cash and the final lease payment for outstanding lease contracts happens in FY 2021 per interactive on April 28th, 2022. 5 FY 2022 reflects the budget amount as provided by City staff. Starting in FY 2023, this transfer is calculated to reflect 5.5% of operating revenues as reported two years prior. City of Clearwater | FY 2022 Stormwater Revenue Sufficiency Analysis Stantec | 17 Appendix: Supporting Financial Schedules Cost Escalation Factors Schedule 5 Expense Line Item Description Inflation Factor FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 510100 Full Time Salaries & Wages Pay 4.50%4.50%4.50%4.50%4.50%4.50%4.50%4.50%4.50%4.50% 510200 Part Time Salaries & Wages Pay 4.50%4.50%4.50%4.50%4.50%4.50%4.50%4.50%4.50%4.50% 510500 Overtime Pay 4.50%4.50%4.50%4.50%4.50%4.50%4.50%4.50%4.50%4.50% 520100 Life Ins $2500 Empl & Pens Health Insurance 10.00%10.00%10.00%10.00%10.00%10.00%10.00%10.00%10.00%10.00% 520200 1% Life Insurance-Employee Health Insurance 10.00%10.00%10.00%10.00%10.00%10.00%10.00%10.00%10.00%10.00% 520300 Samp Life Insurance Health Insurance 10.00%10.00%10.00%10.00%10.00%10.00%10.00%10.00%10.00%10.00% 520400 Major Medical Ins-Emp Health Insurance 10.00%10.00%10.00%10.00%10.00%10.00%10.00%10.00%10.00%10.00% 520600 Social Security-Employee Pay 4.50%4.50%4.50%4.50%4.50%4.50%4.50%4.50%4.50%4.50% 520700 Emp Pension Plan 1 Pension Contribution 6.50%7.75%8.50%8.50%8.50%8.50%8.50%8.50%8.50%8.50% 520900 Workers Compensation Pay 4.50%4.50%4.50%4.50%4.50%4.50%4.50%4.50%4.50%4.50% 521000 Disability Insurance Health Insurance 10.00%10.00%10.00%10.00%10.00%10.00%10.00%10.00%10.00%10.00% 522000 CWA Life Health Insurance 10.00%10.00%10.00%10.00%10.00%10.00%10.00%10.00%10.00%10.00% 530300 Other Contractual Serv Inflation 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 542200 Elec-Util Charges Inflation 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 542300 Gas,Water & Sanitation Utl Inflation 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 542500 Postage Inflation 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 542700 Interfd Svc Chg-Other Fund Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 542800 Interfd Other Serv Chgs Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 542900 Interfd Admin Service Chg Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 543100 Advertising Inflation 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 543400 Printing & Binding Inflation 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 543500 Dump Fee Dump Fee 6.00%6.00%6.00%6.00%6.00%6.00%6.00%6.00%6.00%6.00% 544100 Equipt Rental Inflation 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 545100 Insurance Inflation 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 546100 Ofc Equip Svc & Repair Inflation 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 546200 Other Equip Svc & Repair Inflation 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 547100 Uniforms-Employee Inflation 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 547200 Travel Expense-Emp Inflation 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 547300 Mileage Reimbursement Inflation 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 547400 Meals-Employee Inflation 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 548000 Other Services Or Charges Inflation 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 550100 Office Supplies Inflation 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 550400 Operating Supplies & Matls Inflation 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 551500 Medical Supplies Inflation 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 552500 $750-5000 Mach & Equip Inflation 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 557100 Memberships/Subs/Lic Emp Inflation 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 557200 Officl Recognition-Emp Inflation 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 557300 Training & Ref Employee Inflation 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 540100 Garage Services Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 540300 Telephone Service Variable Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 540500 Radio Svc-Fixed Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 540600 Telephone Svc Fixed Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 540700 Postal Service Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 540900 Risk Mgmt Service Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 541000 Info Technology Charge Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 541500 Garage Variable Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 541600 Bldg & Maint-Variable Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 541800 Administrative Charge Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 542000 Employee Benefits-Fixed Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 571300 Principal-Leased Equipment Inflation 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 572300 Interest-Leased Equipt Inflation 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 540100 Garage Services Inflation 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% Bldg Svc Chgs CH & MSB-Fixed Inflation 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% Weighted average change in O&M Expenses 2 4.04%4.47%4.04%3.48%3.45%4.67%4.68%4.69%4.69%4.70% 1 Reflects the percentage of total Salaries and Wages per input from City staff. 2 The Weighted average increase in O&M Expenses is reflective of the cost escalation factors presented on this schedule and the cost execution factors on Schedule 1. City of Clearwater | FY 2022 Stormwater Revenue Sufficiency Analysis Stantec | 18 Appendix: Supporting Financial Schedules Capital Improvement Program Schedule 6 FY 20221 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 Total Approppriations By Fiscal Year - 14 Stormwater Vehicles & Equipment $ 1,386,692 1,307,550 1,358,200 1,500,000 1,500,010 1,500,000 1,500,000 1,545,000 1,591,350 1,639,091 1,688,263 16,516,156 15 N Fort Harrison 5,172,226 -2,100,000 644,320 4,731,260 3,340,910 1,469,990 - - - - 17,458,706 16 Downtown Streetscape 3 5,299,313 - - - - - - - - - - 5,299,313 17 Survey Equipment - - - - - - 35,000 3,605 3,713 3,825 3,939 50,082 18 Public Works Complex 1,191,466 -2,004,639 3,791 30,954 583,727 -612,913 643,558 675,736 709,523 6,456,307 19 Storm System Improvements 9,858,027 2,802,240 652,670 600,000 601,460 1,491,420 1,969,680 2,028,770 2,089,634 2,152,323 2,078,839 26,325,063 20 Allens Creek Improvements 302,345 497,360 405,460 979,210 490,370 1,111,890 424,360 437,091 450,204 463,710 477,621 6,039,620 21 Storm System Expansion 1,094,986 244,160 179,270 - - 100,000 440,330 440,330 440,330 440,330 440,330 3,820,066 22 Stevenson Creek 2,897,455 1,044,710 231,030 944,870 500,000 -1,035,410 1,066,472 1,098,466 1,131,420 1,165,363 11,115,197 23 Coastal Basins 1,079,329 367,280 477,440 1,058,200 591,920 561,690 668,470 1,361,660 1,402,510 1,444,585 1,487,923 10,501,007 24 Alligator Creek 3,172,071 694,710 231,030 820,000 500,000 474,760 1,728,600 1,780,458 1,833,872 1,888,888 1,945,555 15,069,943 25 Hillcrest Bypass Culvert 374,371 - - - - - - - - - - 374,371 26 Lower Spring Branch Improvements 894,847 - - - - - - - - - - 894,847 27 Coopers Point 1,400,000 - - - - - - - - - - 1,400,000 28 Total CIP Budget (in current dollars) $ 34,123,129 6,958,010 7,639,739 6,550,391 8,945,974 9,164,397 9,271,840 9,276,299 9,553,637 9,839,907 9,997,356 121,320,677 29 Cumulative Projected Cost Escalation 2 0.0%0.0%0.0%0.0%0.0%0.0%0.0%0.0%0.0%0.0%0.0% 30 Total CIP Budget (future year dollars) $ 34,123,129 6,958,010 7,639,739 6,550,391 8,945,974 9,164,397 9,271,840 9,276,299 9,553,637 9,839,907 9,997,356 121,320,677 31 Plus/Less: CIP Re-distribution from Panel 4 $(29,000,000) (820,000) 3,860,000 4,780,000 2,590,000 2,740,000 2,910,000 3,310,000 3,250,000 3,210,000 3,170,000 - 32 Annual CIP Execution Percentage 3 15.01%88.22%150.53%172.97%128.95%129.90%131.39%135.68%134.02%132.62%131.71% 33 Final CIP Funding Level $ 5,123,129 6,138,010 11,499,739 11,330,391 11,535,974 11,904,397 12,181,840 12,586,299 12,803,637 13,049,907 13,167,356 121,320,677 1 FY 2022 capital Includes FY 2022 appropriations as well as unspent balance of prior year appropriations. 2 Staff provided Stantec with capital improvement program, inclusive of escalation factors. As such no other escalation is applied. 3 City staff provided Stantec with anticipated annual CIP spending. As such, $28M of FY 2022 appropriations and unspent prior year appropriations were deferred in FY 2022 and re-distributed into other future years of the projection. City of Clearwater | FY 2022 Stormwater Revenue Sufficiency Analysis Stantec | 19 Appendix: Supporting Financial Schedules Capital Improvement Program Schedule 7 CLEARWATER, FL FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2023 FY 2028 Stormwater Rate Plan 0.00% 1.75% 1.75% 1.75% 1.75% 1.75% 3.00% 3.00% 3.00% 3.00% 3.00% 9.03% 26.42% Senior-Lien DSC 7.92 8.28 8.39 8.32 8.31 8.20 8.32 8.28 8.29 8.31 8.31 Fixed Charge Stormwater Bill $13.40 $13.64 $13.87 $14.11 $14.36 $14.61 $15.05 $15.50 $15.97 $16.45 $16.94 CALC SAVE CTRL LAST OVR $0.0M $10.0M $20.0M $30.0M $40.0M $50.0M $60.0M 21 22 23 24 25 26 27 28 29 30 31 32 Current Plan Target $0.0M $10.0M $20.0M $30.0M 22 23 24 25 26 27 28 29 30 31 32 Current Plan $0.0M $10.0M $20.0M $30.0M $40.0M $50.0M 22 23 24 25 26 27 28 29 30 31 32 O&M Cash In Cash Out $0.0M $10.0M $20.0M $30.0M $40.0M $50.0M 22 23 24 25 26 27 28 29 30 31 32 O&M PS DEBT TO OBLE Cash CIP Operating Fund CIP Spending Revenues vs. Expenses CIP Funding Borrowing Expenses by Type $0.0M $10.0M $20.0M $30.0M 22 23 24 25 26 27 28 29 30 31 32 Debt Operating/Cash Grant $0.0M $10.0M $20.0M $30.0M $40.0M $50.0M 22 23 24 25 26 27 28 29 30 31 32 Current Plan Appendix: Supporting Financial Schedules Pro Forma Schedule 8 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 1 Operating Revenue 2 Stormwater Rate Revenue 16,918,333$ 16,918,333 17,214,404 17,515,656 17,822,180 18,134,068 18,451,415 19,004,957 19,575,106 20,162,359 20,767,230 3 Subtotal 16,918,333$ 16,918,333 17,214,404 17,515,656 17,822,180 18,134,068 18,451,415 19,004,957 19,575,106 20,162,359 20,767,230 4 Weighted Average Rate Increase 0.00%1.75%1.75%1.75%1.75%1.75%3.00%3.00%3.00%3.00%3.00% 5 Additional Rate Revenue From Rate Increase - 296,071 301,252 306,524 311,888 317,346 553,542 570,149 587,253 604,871 623,017 6 Total Rate Revenue 16,918,333$ 17,214,404 17,515,656 17,822,180 18,134,068 18,451,415 19,004,957 19,575,106 20,162,359 20,767,230 21,390,247 7 Plus: Other Operating Revenue 171,900 152,150 152,150 152,150 152,150 152,150 152,150 152,150 152,150 152,150 152,150 8 Equals: Total Operating Revenue 17,090,233$ 17,366,554 17,667,806 17,974,330 18,286,218 18,603,565 19,157,107 19,727,256 20,314,509 20,919,380 21,542,397 9 Personal Services (3,553,360)$ (3,757,643) (4,011,229) (4,251,541) (4,463,621) (4,686,115) (4,919,714) (5,164,971) (5,422,469) (5,692,820) (5,976,665) 10 Operations & Maintenance Costs (3,574,720) (3,658,334) (3,736,128) (3,808,505) (3,877,145) (3,942,414) (4,112,142) (4,289,589) (4,475,122) (4,669,126) (4,872,004) 11 Equals: Net Operating Income 9,962,153$ 9,950,577 9,920,450 9,914,285 9,945,453 9,975,035 10,125,252 10,272,696 10,416,918 10,557,434 10,693,728 12 Non-Operating Revenue 6,000$ 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 13 Interest Income 452,091 971,398 1,161,886 1,166,195 1,126,378 1,063,806 996,643 923,661 844,159 758,563 667,843 14 Transfers In - - - - - - - - - - - 15 Equals: Net Income 10,420,244$ 10,927,975 11,088,335 11,086,480 11,077,831 11,044,841 11,127,895 11,202,357 11,267,076 11,321,997 11,367,571 16 Less: Revenues Excluded From Coverage Test 17 Transfers In - - - - - - - - - - - 18 Equals: Net Income Available For Debt Service 10,420,244$ 10,927,975 11,088,335 11,086,480 11,077,831 11,044,841 11,127,895 11,202,357 11,267,076 11,321,997 11,367,571 19 Senior Lien Debt Service Coverage Test 20 Net Income Available for Senior-Lien Debt Service 10,420,244$ 10,927,975 11,088,335 11,086,480 11,077,831 11,044,841 11,127,895 11,202,357 11,267,076 11,321,997 11,367,571 21 Existing Senior-Lien Debt 1,316,475 1,319,369 1,320,888 1,332,738 1,332,563 1,346,113 1,338,063 1,352,294 1,359,025 1,362,738 1,368,288 22 Cumulative New Senior Lien Debt Service (calculated)- - - - - - - - - - - 23 Total Annual Senior-Lien Debt Service Req.1,316,475$ 1,319,369 1,320,888 1,332,738 1,332,563 1,346,113 1,338,063 1,352,294 1,359,025 1,362,738 1,368,288 24 Calculated Senior-Lien Debt Service Coverage 1.15 7.92 8 8 8 8 8 8 8 8 8 8 25 Total All-In Debt Service Coverage Test 26 Net Income Available for Subordinate Debt Service 10,420,244$ 10,927,975 11,088,335 11,086,480 11,077,831 11,044,841 11,127,895 11,202,357 11,267,076 11,321,997 11,367,571 27 Total Senior-Lien Debt Service 1,316,475 1,319,369 1,320,888 1,332,738 1,332,563 1,346,113 1,338,063 1,352,294 1,359,025 1,362,738 1,368,288 28 Total Annual Debt Service 1,316,475$ 1,319,369 1,320,888 1,332,738 1,332,563 1,346,113 1,338,063 1,352,294 1,359,025 1,362,738 1,368,288 29 Calculated All-In Debt Service Coverage 7.92 8 8 8 8 8 8 8 8 8 8 30 Cash Flow Test 31 Net Income Available For Debt Service 10,420,244$ 10,927,975 11,088,335 11,086,480 11,077,831 11,044,841 11,127,895 11,202,357 11,267,076 11,321,997 11,367,571 32 Net Interfund Transfers (In - Out)(942,880) (956,477) (939,963) (955,160) (971,729) (988,588) (1,005,742) (1,023,196) (1,053,641) (1,084,999) (1,117,298) 33 Net Debt Service Payment (1,316,475) (1,319,369) (1,320,888) (1,332,738) (1,332,563) (1,346,113) (1,338,063) (1,352,294) (1,359,025) (1,362,738) (1,368,288) 34 Other Below The Line Expenses1 (8,002,487) - - - - - - - - - - 35 Capital Outlay (42,950) - - - - - - - - - - 36 Net Cash Flow 115,453$ 8,652,129 8,827,485 8,798,582 8,773,539 8,710,141 8,784,090 8,826,867 8,854,411 8,874,260 8,881,986 37 Unrestricted Reserve Fund Test 38 Balance At Beginning Of Fiscal Year 47,712,938$ 42,705,262 45,219,382 42,547,128 40,015,319 37,252,884 34,058,629 30,660,879 26,901,447 22,952,221 18,776,574 39 Cash Flow Surplus/(Deficit)115,453 8,652,129 8,827,485 8,798,582 8,773,539 8,710,141 8,784,090 8,826,867 8,854,411 8,874,260 8,881,986 41 Projects Paid With Non Specified Funds (5,123,129) (6,138,010) (11,499,739) (11,330,391) (11,535,974) (11,904,397) (12,181,840) (12,586,299) (12,803,637) (13,049,907) (13,167,356) 42 Balance At End Of Fiscal Year 42,705,262$ 45,219,382 42,547,128 40,015,319 37,252,884 34,058,629 30,660,879 26,901,447 22,952,221 18,776,574 14,491,204 43 Minimum Working Capital Reserve Target 3,564,040 3,707,989 3,873,678 4,030,023 4,170,383 4,314,265 4,515,928 4,727,280 4,948,796 5,180,973 5,424,334 44 Excess/(Deficiency) Of Working Capital To Target 39,141,222$ 41,511,393 38,673,450 35,985,297 33,082,501 29,744,364 26,144,951 22,174,167 18,003,425 13,595,601 9,066,870 1 Reflects payoff of Series 2013 remaining principal outstanding as of 11/1/2021. City of Clearwater | FY 2022 Stormwater Revenue Sufficiency Analysis Stantec | 21 Appendix: Supporting Financial Schedules Capital Project Funding Summary Schedule 9 Final Capital Projects Funding Sources FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 Revenue Fund 5,123,129$ 6,138,010 11,499,739 11,330,391 11,535,974 11,904,397 12,181,840 12,586,299 12,803,637 13,049,907 13,167,356 Senior-Lien Debt Proceeds - - - - - - - - - - - Total Projects Paid 5,123,129$ 6,138,010 11,499,739 11,330,391 11,535,974 11,904,397 12,181,840 12,586,299 12,803,637 13,049,907 13,167,356 City of Clearwater | FY 2022 Stormwater Revenue Sufficiency Analysis Stantec | 22 Appendix: Supporting Financial Schedules Detailed Funding by Fund Schedule 10 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 Revenue Fund Balance At Beginning Of Fiscal Year 47,712,938$ 42,705,262 45,219,382 42,547,128 40,015,319 37,252,884 34,058,629 30,660,879 26,901,447 22,952,221 18,776,574 Net Cash Flow 115,453 8,652,129 8,827,485 8,798,582 8,773,539 8,710,141 8,784,090 8,826,867 8,854,411 8,874,260 8,881,986 Less: Cash-Funded Capital Projects - - - - - - - - - - - Less: Payment Of Debt Service - - - - - - - - - - - Subtotal 47,828,391 51,357,392 54,046,867 51,345,710 48,788,858 45,963,025 42,842,719 39,487,746 35,755,857 31,826,481 27,658,559 Less: Restricted Funds (3,564,040) (3,707,989) (3,873,678) (4,030,023) (4,170,383) (4,314,265) (4,515,928) (4,727,280) (4,948,796) (5,180,973) (5,424,334) Total Amount Available For Projects 44,264,351$ 47,649,403 50,173,189 47,315,687 44,618,475 41,648,760 38,326,791 34,760,466 30,807,062 26,645,508 22,234,225 Amount Paid For Projects (5,123,129) (6,138,010) (11,499,739) (11,330,391) (11,535,974) (11,904,397) (12,181,840) (12,586,299) (12,803,637) (13,049,907) (13,167,356) Subtotal 39,141,222 41,511,393 38,673,450 35,985,297 33,082,501 29,744,364 26,144,951 22,174,167 18,003,425 13,595,601 9,066,870 Add Back: Restricted Funds 3,564,040 3,707,989 3,873,678 4,030,023 4,170,383 4,314,265 4,515,928 4,727,280 4,948,796 5,180,973 5,424,334 Plus: Interest Earnings 452,091 879,246 987,373 928,828 869,267 802,255 728,094 647,576 560,854 469,449 374,262 Less: Interest Allocated To Cash Flow (452,091) (879,246) (987,373) (928,828) (869,267) (802,255) (728,094) (647,576) (560,854) (469,449) (374,262) Balance At End Of Fiscal Year 42,705,262$ 45,219,382 42,547,128 40,015,319 37,252,884 34,058,629 30,660,879 26,901,447 22,952,221 18,776,574 14,491,204 City of Clearwater | FY 2022 Stormwater Revenue Sufficiency Analysis Stantec | 23 Appendix: Supporting Financial Schedules Schedule 11 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 Term (Years)30 30 30 30 30 30 30 30 30 30 30 Interest Rate 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% Sources of Funds Par Amount -$ - - - - - - - - - - Uses of Funds Proceeds -$ - - - - - - - - - - Cost of Issuance 1.50%of Par - - - - - - - - - - - Debt Service Reserve 1 Year(s) of Debt Service - - - - - - - - - - - Total Uses -$ - - - - - - - - - - 1 Year Interest - - - - - - - - - - - Annual Debt Service -$ - - - - - - - - - - Total Debt Service - - - - - - - - - - - Cumulative New Annual Senior Lien Debt Service1 -$ - - - - - - - - - - 1Reflects interest-only payment due in year of issuance. Senior Lien Borrowing Projections City of Clearwater | FY 2022 Stormwater Revenue Sufficiency Analysis Stantec | 24 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0814 Agenda Date: 8/18/2022 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 10.3 SUBJECT/RECOMMENDATION: Increase domestic water, lawn water, wastewater collection, and reclaimed water rates annually by 3% effective October 1, 2022, October 1, 2023, October 1, 2024, October 1, 2025, and October 1, 2026; increase other fees and charges; and pass Ordinance 9570-22 on first reading. SUMMARY: This utility rate increase is needed to provide adequate funding to operate the City ’s water and wastewater systems and maintain compliance with debt service coverage requirements . Additionally, these rate increases will support continuation of the capital improvement projects needed to sustain the city utility infrastructure. Public Utilities regularly evaluates the sufficiency of the revenues provided by the City ’s water, sewer, and reclaimed water rates to meet both the current and future requirements of the Utility. In June of 2022, Stantec Consulting Services Inc. completed a Water and Sewer Revenue Sufficiency Analysis to cover five years of operations. The Consultant is recommending a rate increase to provide adequate revenue to fund utility cost requirements while recognizing the effects of demand growth, increased purchased water costs, increased cost of operations, and renewal and replacement requirements. The study covers the period Fiscal Year (FY) 2023 through FY2027 and recommends 3% increases annually for the entire period to be effective October 1, 2022, October 1, 2023, October 1, 2024, October 1, 2025, and October 1, 2026. The increases are applicable to domestic water, lawn water, wastewater collection, and reclaimed water. Public Utilities has also completed a review of the other fees listed under Section XXIV. Public Works - Fees, Rates and Charges (§32.068) and is requesting an increase in fees related to water meter connection charges, taps on water mains, backflow preventer device installations, and fire lines installation charges. This increase is intended to bring these charges in line with the actual costs to provide these services. Page 1 City of Clearwater Printed on 8/17/2022 1 ORDINANCE NO. 9570-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING CODE OF ORDINANCES, APPENDIX A – SCHEDULE OF FEES, RATES AND CHARGES, ARTICLE XXIV PUBLIC WORKS – FEES, RATES AND CHARGES; SECTION 2 CONNECTION CHARGES, FEES AND TAPS ON MAINS; SECTION 3 RATES; SECTION 3A WATER RATES; SECTION 3B WASTEWATER COLLECTION UTILITY RATES; SECTION 3F RECLAIMED WATER RATES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Appendix A, Article XXIV sets forth the schedule of fees, rates, and charges to be paid by customers of the City’s water, wastewater collection, and reclaimed water systems; WHEREAS, in June 2022, Stantec Consulting Services, Inc. completed a Water and Sewer Revenue Sufficiency Analysis (“Study”), which evaluated the sufficiency of the revenues provided by existing water, wastewater collection, and reclaimed water rates; WHEREAS, the Study recommends an increase to domestic water, lawn water, wastewater collection, and reclaimed water rates. The increases are necessary to provide adequate revenue to fund utility cost requirements, effects of demand growth, increased purchased water costs, increased cost of operations, and renewal and replacement requirements over the next five (5) fiscal years; WHEREAS, the Study recommends a three (3) percent increase per year to be effective on October 1, 2022, October 1, 2023, October 1, 2024, October 1, 2025, and October 1, 2026; WHEREAS, the Public Utilities Department conducted an internal review and recommends increases to fees and charges related to water meter connection charges, taps on water mains, backflow prevention device installations, and fire lines installation charges. These increases are needed to bring these fees and charges in accordance with actual costs of providing these services; 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: Appendix A, Article XXIV, Section 2, Code of Ordinances, is amended as follows: 2 APPENDIX A – SCHEDULE OF FEES, RATES AND CHARGES ***** XXIV. PUBLIC WORKS — FEES, RATES AND CHARGES ***** (2) Connection charges, fees and taps on mains. The following charges and fees shall be payable to the city upon application and prior to the work being completed: (a) Water meter connection charges and fees for taps on water mains, backflow prevention device installations, and fire taps on water mains; fire hydrant installation charges: Subject Amount Water Meter Connection Charges Size (Inches) October 1, 2022 October 1, 2023 October 1, 2024 October 1, 2025 October 1, 2026 Less than 1″ meter with ¾″ service line $318.39 $430.04 $545.04 $663.48 $785.48 1″ meter with 1″ service line 413.53 525.31 640.44 759.03 881.18 1½″ meter with 1½″ service line 930.57 1,193.80 1,464.93 1,744.19 2,031.83 2″ meter with 2″ service line 1,198.15 1,469.19 1,748.37 2,035.92 2,332.10 3″ meter on 6″ main (4″ tap) 4,252.53 4,553.84 4,864.18 5,183.84 5,513.08 3″ meter on 8″ main (4″ tap) 4,256.69 4,557.12 4,866.57 5,185.31 5,513.60 3″ meter on 10″ main (4″ tap) 4,227.66 4,534.24 4,850.02 5,175.28 5,510.30 3″ meter on 12″ main (4″ tap) 4,252.54 4,553.85 4,864.20 5,183.86 5,513.11 3″ meter on 16″ main (4″ tap) 4,306.49 4,596.42 4,895.05 5,202.63 5,519.45 3″ meter on 20″ main (4″ tap) 4,318.94 4,606.24 4,902.16 5,206.96 5,520.91 4″ meter on 6″ main 4,992.20 5,442.52 5,906.34 6,384.08 6,876.15 4″ meter on 8″ main 5,060.46 5,581.08 6,117.33 6,669.66 7,238.56 4″ meter on 10″ main 5,031.41 5,558.16 6,100.72 6,659.55 7,235.15 4″ meter on 12″ main 5,063.70 5,592.82 6,137.80 6,699.14 7,277.31 4″ meter on 16″ main 5,210.45 5,834.06 6,476.37 7,137.96 7,819.40 4″ meter on 20″ main 5,231.99 5,852.04 6,490.68 7,148.49 7,826.04 6″ meter on 6″ main 5,841.42 6,914.09 8,018.94 9,156.93 10,329.06 Less than 1″ meter with ¾″ service line .....$210.00 1″ meter with 1″ service line .....305.00 1½″ meter with 1½″ service line .....675.00 3 2″ meter with 2″ service line .....935.00 3″ meter on 6″ main (4″ tap) .....3,960.00 3″ meter on 8″ main (4″ tap) .....3,965.00 3″ meter on 10″ main (4″ tap) .....3,930.00 3″ meter on 12″ main (4″ tap) .....3,960.00 3″ meter on 16″ main (4″ tap) .....4,025.00 3″ meter on 20″ main (4″ tap) .....4,040.00 4″ meter on 6″ main .....4,555.00 4″ meter on 8″ main .....4,555.00 4″ meter on 10″ main .....4,520.00 4″ meter on 12″ main .....4,550.00 4″ meter on 16″ main .....4,605.00 4″ meter on 20″ main .....4,630.00 6″ meter on 6″ main .....4,800.00 Larger meters and taps shall be charged at cost. All charges for services, pipe and meters outside the city limits shall be 25 percent additional. Taps on Water Mains Size (Inches) October 1, 2022 October 1, 2023 October 1, 2024 October 1, 2025 October 1, 2026 2″ tap on 2″ main $437.12 $614.41 $797.02 $985.10 $1,178.83 2″ tap on 4″ main 417.50 569.42 725.90 887.07 1,053.08 2″ tap on 6″ main 429.09 582.65 740.82 903.74 1,071.54 2″ tap on 8″ main 481.87 684.65 893.52 1,108.65 1,330.23 2″ tap on 10″ main 473.88 663.27 858.35 1,059.28 1,266.23 2″ tap on 12″ main 478.03 666.55 860.72 1,060.72 1,266.72 2″ tap on 16″ main 488.84 683.34 883.67 1,090.02 1,302.56 2″ tap on 20″ main 502.93 701.66 906.34 1,117.16 1,334.31 4″ tap on 4″ main 1,483.27 1,811.08 2,148.73 2,496.51 2,854.73 4″ tap on 6″ main 1,496.78 1,833.36 2,180.04 2,537.13 2,904.92 4″ tap on 8″ main 1,520.72 1,876.80 2,243.57 2,621.35 3,010.45 4″ tap on 10″ main 1,525.58 1,881.52 2,248.14 2,625.76 3,014.71 4″ tap on 12″ main 1,534.69 1,894.88 2,265.87 2,647.99 3,041.57 4″ tap on 16″ main 1,552.15 1,925.17 2,309.38 2,705.11 3,112.71 4″ tap on 20″ main 1,566.55 1,944.10 2,332.98 2,733.53 3,146.08 6″ tap on 6″ main 1,639.19 2,029.76 2,432.04 2,846.39 3,273.17 6″ tap on 8″ main 1,645.33 2,037.07 2,440.56 2,856.15 3,284.21 6″ tap on 10″ main 1,663.86 2,069.54 2,487.39 2,917.77 3,361.07 6″ tap on 12″ main 1,673.88 2,079.58 2,497.46 2,927.86 3,371.18 4 6″ tap on 16″ main 1,726.36 2,144.90 2,576.01 3,020.04 3,477.40 6″ tap on 20″ main 1,758.79 2,179.85 2,613.54 3,060.23 3,520.33 8″ tap on 8″ main 1,901.52 2,366.59 2,845.60 3,338.99 3,847.18 8″ tap on 10″ main 1,936.96 2,428.22 2,934.23 3,455.41 3,992.23 8″ tap on 12″ main 2,003.15 2,490.50 2,992.47 3,509.49 4,042.03 8″ tap on 16″ main 2,025.60 2,525.77 3,040.95 3,571.58 4,118.13 8″ tap on 20″ main 2,057.26 2,569.45 3,096.99 3,640.37 4,200.04 12″ tap on 12″ main 2,930.00 3,666.45 4,424.99 5,206.28 6,011.02 12″ tap on 16″ main 3,032.18 3,863.58 4,719.92 5,601.95 6,510.44 12″ tap on 20″ main 3,072.47 3,919.62 4,792.18 5,690.92 6,616.63 2″ tap on 2″ main .....265.00 2″ tap on 4″ main .....270.00 2″ tap on 6″ main .....280.00 2″ tap on 8″ main .....285.00 2″ tap on 10″ main .....290.00 2″ tap on 12″ main .....295.00 2″ tap on 16″ main .....300.00 2″ tap on 20″ main .....310.00 4″ tap on 4″ main .....1,165.00 4″ tap on 6″ main .....1,170.00 4″ tap on 8″ main .....1,175.00 4″ tap on 10″ main .....1,180.00 4″ tap on 12″ main .....1,185.00 4″ tap on 16″ main .....1,190.00 4″ tap on 20″ main .....1,200.00 6″ tap on 6″ main .....1,260.00 6″ tap on 8″ main .....1,265.00 6″ tap on 10″ main .....1,270.00 6″ tap on 12″ main .....1,280.00 6″ tap on 16″ main .....1,320.00 6″ tap on 20″ main .....1,350.00 8″ tap on 8″ main .....1,450.00 8″ tap on 10″ main .....1,460.00 8″ tap on 12″ main .....1,530.00 8″ tap on 16″ main .....1,540.00 8″ tap on 20″ main .....1,560.00 12″ tap on 12″ main .....2,215.00 12″ tap on 16″ main .....2,225.00 12″ tap on 20″ main .....2,250.00 All charges for services, pipe and meters outside the city limits shall be 25 percent additional. 5 Backflow Prevention Device Installation Charges for furnishing and installing reduced-pressure (RP) or double- check (DC) backflow prevention devices, when required by city ordinance, are as follows: Reduced-pressure (RP) backflow prevention devices Size (Inches) October 1, 2022 October 1, 2023 October 1, 2024 October 1, 2025 October 1, 2026 ¾ $219.57 $270.64 $323.23 $377.40 $433.20 1 260.82 328.62 398.46 470.38 544.47 1½ 381.76 404.17 427.26 451.04 475.53 2 441.14 462.91 485.33 508.43 532.21 3 1,653.36 1,770.12 1,890.39 2,014.26 2,141.85 4 2,106.84 2,252.93 2,403.40 2,558.39 2,718.03 6 3,208.45 3,304.70 3,403.84 3,505.96 3,611.14 8 (Time & Materials) (Time & Materials) (Time & Materials) (Time & Materials) (Time & Materials) Double-check (DC) backflow prevention devices Size (Inches) October 1, 2022 October 1, 2023 October 1, 2024 October 1, 2025 October 1, 2026 ¾ $184.62 $230.58 $277.92 $326.68 $376.90 ¾ (below ground, in box required with lawn meter) 333.54 347.48 361.84 376.63 391.86 1 237.58 302.04 368.43 436.82 507.26 1 (below ground, in box required with lawn meter) 365.97 397.88 430.74 464.58 499.45 1½ 383.84 403.25 423.24 443.83 465.03 2 405.29 426.20 447.73 469.90 492.74 3 1,334.50 1,421.54 1,511.18 1,603.52 1,698.62 4 1,639.95 1,691.39 1,744.38 1,798.96 1,855.17 6 2,904.60 2,991.74 3,081.49 3,173.93 3,269.15 8 (Time & Materials) (Time & Materials) (Time & Materials) (Time & Materials) (Time & Materials) 6 Size (inches) Single DC Single RP ¾ $140.00 $170.00 ¾ (below ground, in box required with lawn meter) 320.00 N/A 1 175.00 195.00 1 (below ground, in box required with lawn meter) 335.00 N/A 1½ 365.00 360.00 2 385.00 420.00 3 1,250.00 1,540.00 4 1,590.00 1,965.00 6 2,820.00 3,115.00 8 (Time & Materials) (Time & Materials) Standard installation is above ground. Additional Fees for Detector Check and Double Detector Check Installation on Fire Lines, exclusive of any required tap and charge for such tap Size (Inches) October 1, 2022 October 1, 2023 October 1, 2024 October 1, 2025 October 1, 2026 1.25” Residential Fire Service D.C $823.41 $971.11 $1,123.25 $1,279.96 $1,441.36 2″ single detector check with ⅝″ bypass meter 1,324.85 1,829.40 2,349.08 2,884.36 3,435.69 4″ double detector check with ⅝″ bypass meter 2,172.87 2,747.47 3,339.31 3,948.91 4,576.80 6″ double detector check with ⅝″ bypass meter 3,344.47 4,075.22 4,827.89 5,603.15 6,401.66 8″ double detector check with ⅝″ bypass meter 4,410.71 5,431.15 6,482.20 7,564.78 8,679.84 1″ Residential Fire Service DC (includes 1″ Residential Fire Service Meter and Tap)$680.00 2″ single detector check with ⅝″ bypass meter835.00 4″ double detector check with ⅝″ bypass meter1,615.00 6″ double detector check with ⅝″ bypass meter2,635.00 8″ double detector check with ⅝″ bypass meter3,420.00 Detector check installations not included in above table will be charged to customers on a time and materials basis. 7 All charges for services, pipe and meters outside the city limits shall be 25 percent additional. ***** Coding: Words in strikeout type are deletions from existing text. Words in underline type are additions. Section 2: Appendix A, Article XXIV, Section 3, Code of Ordinances, is amended as follows: XXIV. PUBLIC WORKS — FEES, RATES AND CHARGES ***** (3) Rates: (a) Water rates. Water rates for all water furnished by the city shall be as follows: 1. Domestic water rates shall be a monthly fee as provided in the table below based on the meter size and volume allowance, with an additional charge per 1,000 gallons of water consumed over the allowance per the table below. Such rates will take effect for bills issued on or after the dates shown in the following table, and shall remain in effect thereafter unless amended: Meter Size October 1, 2022 October 1, 2023 October 1, 2024 October 1, 2025 October 1, 2026 Under 1-inch: Base service charge with allowance up to 3,000 gallons $25.80 $26.58 $27.39 $28.20 $29.04 Plus, from 3,001 to 9,000 gallons, per 1,000 gallons 10.46 10.78 11.10 11.44 11.78 Plus, from 9,001 gallons up, per 1,000 gallons 13.18 13.58 13.99 14.41 14.84 1-inch: Base service charge with allowance up to 7,000 gallons $60.20 $62.02 $63.91 $65.80 $67.76 Plus, from 7,001 to 40,000 gallons, per 1,000 gallons 10.46 10.78 11.10 11.44 11.78 Plus, from 40,001 gallons up, per 1,000 gallons 13.18 13.58 13.99 14.41 14.84 1½-inch: 8 Base service charge with allowance up to 100,000 gallons $860.00 $886.00 $913.00 $940.00 $968.00 Plus, from 100,001 to 140,000 gallons, per 1,000 gallons 10.46 10.78 11.10 11.44 11.78 Plus, from 140,001 gallons, per 1,000 gallons 13.18 13.58 13.99 14.41 14.84 2-inch: Base service charge with allowance up to 233,000 gallons $2,003.80 $2,064.38 $2,127.29 $2,190.20 $2,255.44 Plus, from 233,001 to 343,000 gallons, per 1,000 gallons 10.46 10.78 11.10 11.44 11.78 Plus, from 343,001 gallons, per 1,000 gallons 13.18 13.58 13.99 14.41 14.84 3-inch or 2-inch in manifold: Base service charge with allowance up to 359,000 gallons $3,087.40 $3,180.74 $3,277.67 $3,374.60 $3,475.12 Plus, from 359,001 to 474,000 gallons, per 1,000 gallons 10.46 10.78 11.10 11.44 11.78 Plus, from 474,001 gallons, per 1,000 gallons 13.18 13.58 13.99 14.41 14.84 4-inch: Base service charge with allowance up to 691,000 gallons $5,942.60 $6,122.26 $6,308.83 $6,495.40 $6,688.88 Plus, from 691,001 to 979,000 gallons, per 1,000 gallons 10.46 10.78 11.10 11.44 11.78 Plus, from 979,001 gallons, per 1,000 gallons 13.18 13.58 13.99 14.41 14.84 6-inch: Base service charge with allowance up to 1,775,000 gallons $15,265.00 $15,726.50 $16,205.75 $16,685.00 $17,182.00 Plus, from 1,775,001 to 2,025,000 gallons, per 1,000 gallons 10.46 10.78 11.10 11.44 11.78 Plus, from 2,025,001 gallons, per 1,000 gallons 13.18 13.58 13.99 14.41 14.84 8-inch: Base service charge with allowance up to 3,000,000 gallons $25,800.00 $26,580.00 $27,390.00 $28,200.00 $29,040.00 Plus, from 3,000,001 to 3,413,000 gallons, per 1,000 gallons 10.46 10.78 11.10 11.44 11.78 9 Plus, from 3,413,001 gallons, per 1,000 gallons 13.18 13.58 13.99 14.41 14.84 Meter Size October 1, 2017 October 1, 2018 October 1, 2019 October 1, 2020 October 1, 2021 Under 1-inch: Base service charge with allowance up to 3,000 gallons $21.42 $22.29 $23.16 $24.09 $25.05 Plus, from 3,001 to 9,000 gallons, per 1,000 gallons 8.68 9.03 9.39 9.76 10.16 Plus, from 9,001 gallons up, per 1,000 gallons 10.94 11.38 11.84 12.31 12.80 1-inch: Base service charge with allowance up to 7,000 gallons 49.98 52.01 54.04 56.21 58.45 Plus, from 7,001 to 40,000 gallons, per 1,000 gallons 8.68 9.03 9.39 9.76 10.16 Plus, from 40,001 gallons up, per 1,000 gallons 10.94 11.38 11.84 12.31 12.80 1½-inch: Base service charge with allowance up to 100,000 gallons 714.00 743.00 772.00 803.00 835.00 Plus, from 100,001 to 140,000 gallons, per 1,000 gallons 8.68 9.03 9.39 9.76 10.16 Plus, from 140,001 gallons, per 1,000 gallons 10.94 11.38 11.84 12.31 12.80 2-inch: Base service charge with allowance up to 233,000 gallons 1,663.62 1,731.19 1,798.76 1,870.99 1,945.55 Plus, from 233,001 to 343,000 gallons, per 1,000 gallons 8.68 9.03 9.39 9.76 10.16 Plus, from 343,001 gallons, per 1,000 gallons 10.94 11.38 11.84 12.31 12.80 3-inch or 2-inch in manifold: Base service charge with allowance up to 359,000 gallons 2,563.26 2,667.37 2,771.48 2,882.77 2,997.65 Plus, from 359,001 to 474,000 gallons, per 1,000 gallons 8.68 9.03 9.39 9.76 10.16 Plus, from 474,001 gallons, per 1,000 gallons 10.94 11.38 11.84 12.31 12.80 4-inch: Base service charge with allowance up to 691,000 gallons 4,933.74 5,134.13 5,334.52 5,548.73 5,769.85 10 Plus, from 691,001 to 979,000 gallons, per 1,000 gallons 8.68 9.03 9.39 9.76 10.16 Plus, from 979,001 gallons, per 1,000 gallons 10.94 11.38 11.84 12.31 12.80 6-inch: Base service charge with allowance up to 1,775,000 gallons 12,673.50 13,188.25 13,703.00 14,253.25 14,821.25 Plus, from 1,775,001 to 2,025,000 gallons, per 1,000 gallons 8.68 9.03 9.39 9.76 10.16 Plus, from 2,025,001 gallons, per 1,000 gallons 10.94 11.38 11.84 12.31 12.80 8-inch: Base service charge with allowance up to 3,000,000 gallons 21,420.00 22,290.00 23,160.00 24,090.00 25,050.00 Plus, from 3,000,001 to 3,413,000 gallons, per 1,000 gallons 8.68 9.03 9.39 9.76 10.16 Plus, from 3,413,001 gallons, per 1,000 gallons 10.94 11.38 11.84 12.31 12.80 2. Lawn water meters. Lawn water rates shall be as follows and will take effect for bills issued on or after the dates specified: Lawn meter size October 1, 2022 October 1, 2023 October 1, 2024 October 1, 2025 October 1, 2026 Under 1-inch: Base service, with no usage allowance $9.21 $9.48 $9.77 $10.06 $10.36 Plus, up to 2,000 gallons, per 1,000 gallons 11.21 11.54 11.89 12.25 12.61 Plus, from 2,001 gallons, per 1,000 gallons 15.44 15.90 16.38 16.87 17.38 1-inch: Base service charge, with no usage allowance $27.62 $28.45 $29.31 $30.19 $31.09 Plus, up to 7,000 gallons, per 1,000 gallons 11.21 11.54 11.89 12.25 12.61 Plus, from 7,001 gallons, per 1,000 gallons 15.44 15.90 16.38 16.87 17.38 1½-inch: Base service charge, with no usage allowance $138.23 $142.37 $146.64 $151.04 $155.57 Plus, up to 9,000 gallons, per 1,000 gallons 11.21 11.54 11.89 12.25 12.61 11 Plus, from 9,001 gallons, per 1,000 gallons 15.44 15.90 16.38 16.87 17.38 2-inch: Base service charge, with no usage allowance $387.05 $398.67 $410.62 $422.94 $435.63 Plus, up to 40,000 gallons, per 1,000 gallons 11.21 11.54 11.89 12.25 12.61 Plus, from 40,001 gallons, per 1,000 gallons 15.44 15.90 16.38 16.87 17.38 3-inch or two 2-inch in manifold: Base service charge, with no usage allowance $764.86 $787.80 $811.44 $835.78 $860.85 Plus, up to 100,000 gallons, per 1,000 gallons 11.21 11.54 11.89 12.25 12.61 Plus, from 100,001 gallons, per 1,000 gallons 15.44 15.90 16.38 16.87 17.38 4-inch: Base service charge, with no usage allowance $1,474.45 $1,518.68 $1,564.24 $1,611.17 $1,659.50 Plus, up to 233,000 gallons, per 1,000 gallons 11.21 11.54 11.89 12.25 12.61 Plus, from 233,001 gallons, per 1,000 gallons 15.44 15.90 16.38 16.87 17.38 6-inch: Base service charge, with no usage allowance $4,450.98 $4,584.51 $4,722.04 $4,863.71 $5,009.62 Plus, up to 359,000 gallons, per 1,000 gallons 11.21 11.54 11.89 12.25 12.61 Plus, from 359,001 gallons, per 1,000 gallons 15.44 15.90 16.38 16.87 17.38 Lawn meter size October 1, 2017 October 1, 2018 October 1, 2019 October 1, 2020 October 1, 2021 Under 1-inch: Base service, with no usage allowance $7.64 $7.94 $8.26 $8.59 $8.94 Plus, up to 2,000 gallons, per 1,000 gallons 9.30 9.67 10.06 10.46 10.88 Plus, from 2,001 gallons, per 1,000 gallons 12.81 13.33 13.86 14.41 14.99 1-inch: Base service charge, with no usage allowance 22.93 23.85 24.80 25.79 26.82 Plus, up to 7,000 gallons, per 1,000 gallons 9.30 9.67 10.06 10.46 10.88 Plus, from 7,001 gallons, per 1,000 gallons 12.81 13.33 13.86 14.41 14.99 1½-inch: 12 Base service charge, with no usage allowance 114.72 119.31 124.08 129.04 134.20 Plus, up to 9,000 gallons, per 1,000 gallons 9.30 9.67 10.06 10.46 10.88 Plus, from 9,001 gallons, per 1,000 gallons 12.81 13.33 13.86 14.41 14.99 2-inch: Base service charge, with no usage allowance 321.22 334.06 347.43 361.32 375.78 Plus, up to 40,000 gallons, per 1,000 gallons 9.30 9.67 10.06 10.46 10.88 Plus, from 40,001 gallons, per 1,000 gallons 12.81 13.33 13.86 14.41 14.99 3-inch or two 2-inch in manifold: Base service charge, with no usage allowance 634.76 660.15 686.56 714.02 742.58 Plus, up to 100,000 gallons, per 1,000 gallons 9.30 9.67 10.06 10.46 10.88 Plus, from 100,001 gallons, per 1,000 gallons 12.81 13.33 13.86 14.41 14.99 4-inch: Base service charge, with no usage allowance 1,223.65 1,272.60 1,323.50 1,376.44 1,431.50 Plus, up to 233,000 gallons, per 1,000 gallons 9.30 9.67 10.06 10.46 10.88 Plus, from 233,001 gallons, per 1,000 gallons 12.81 13.33 13.86 14.41 14.99 6-inch: Base service charge, with no usage allowance 3,693.90 3,841.65 3,995.32 4,155.13 4,321.34 Plus, up to 359,000 gallons, per 1,000 gallons 9.30 9.67 10.06 10.46 10.88 Plus, from 359,001 gallons, per 1,000 gallons 12.81 13.33 13.86 14.41 14.99 ***** (b) Wastewater collection utility rates. 1. There is hereby established a uniform schedule of rates and charges for the availability of use of the wastewater collection system. The wastewater collection utility rate shall be a monthly fee, as provided in the table below, based on the meter size and volume allowance of domestic water, with an additional charge per 1,000 gallons of water consumed over the allowance per the table below. Such rates shall take effect for bills issued on or after the dates as shown in the following table, and shall remain in effect thereafter unless amended: 13 Base Monthly Charge With or Without Consumption Size of Meter October 1, 2022 October 1, 2023 October 1, 2024 October 1, 2025 October 1, 2026 Allowance (gallons) Under 1-inch $35.55 $36.60 $37.71 $38.85 $39.99 3,000 or less 1-inch 82.95 85.40 87.99 90.65 93.31 7,000 or less 1½-inch 1,185.00 1,220.00 1,257.00 1,295.00 1,333.00 100,000 or less 2-inch 2,761.05 2,842.60 2,928.81 3,017.35 3,105.89 233,000 or less 3-inch or two 2- inch manifold 4,254.15 4,379.80 4,512.63 4,649.05 4,785.47 359,000 or less 4-inch 8,188.35 8,430.20 8,685.87 8,948.45 9,211.03 691,000 or less 6-inch 21,033.75 21,655.00 22,311.75 22,986.25 23,660.75 1,775,000 or less 8-inch 35,550.00 36,600.00 37,710.00 38,850.00 39,990.00 3,000,000 or less Charge per 1,000 gallons of water used over the allowance 11.85 12.20 12.57 12.95 13.33 Size of Meter October 1, 2017 October 1, 2018 October 1, 2019 October 1, 2020 October 1, 2021 Allowance (gallons) Under 1-inch $29.49 $30.66 $31.89 $33.18 $34.50 3,000 or less 1-inch 68.81 71.54 74.41 77.42 80.50 7,000 or less 1½-inch 983.00 1,022.00 1,063.00 1,106.00 1,150.00 100,000 or less 2-inch 2,290.39 2,381.26 2,476.79 2,576.98 2,679.50 233,000 or less 3-inch or two 2- inch manifold 3,528.97 3,668.98 3,816.17 3,970.54 4,128.50 359,000 or less 4-inch 6,792.53 7,062.02 7,345.33 7,642.46 7,946.50 691,000 or less 6-inch 17,448.25 18,140.50 18,868.25 19,631.50 20,412.50 1,775,000 or less 8-inch 29,490.00 30,660.00 31,890.00 33,180.00 34,500.00 3,000,000 or less Charge per 1,000 gallons of water 9.83 10.22 10.63 11.06 11.50 14 used over the allowance ***** Section 3: Appendix A, Article XXIV, Section 3, Code of Ordinances, is amended as follows: XXIV. PUBLIC WORKS — FEES, RATES AND CHARGES ***** (f) Reclaimed water rates. There is hereby established a uniform schedule of rates and charges for the use or availability of use of the reclaimed water system. The reclaimed water rate shall be a monthly fee consisting of an availability charge as the basic allowance in the following table, plus a charge per 1,000 gallons of reclaimed water consumed as indicated. Such rates shall take effect for bills issued on or after dates as shown in the following table, and shall remain in effect thereafter unless amended: October 1, 2022 October 1, 2023 October 1, 2024 October 1, 2025 October 1, 2026 Single-family, duplex or triplex (per domestic water account), commercial/industrial or multi-family dwelling and open space Availability charge $17.71 $18.24 $18.78 $19.35 $19.93 Usage—Metered per 1,000 gallons used 1.47 1.52 1.56 1.61 1.66 October 1, 2017 October 1, 2018 October 1, 2019 October 1, 2020 October 1, 2021 Single-family, duplex or triplex (per domestic water account), commercial/industrial or multi-family dwelling and open space Availability charge $14.69 $15.28 $15.89 $16.53 $17.19 Usage—Metered per 1,000 gallons used 1.22 1.27 1.32 1.37 1.43 Coding: Words in strikeout type are deletions from existing text. Words in underline type are additions. 15 Section 4: 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 5: 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 City of Clearwater, FL FY 2022 Water, Sewer, and Reclaimed Water Revenue Sufficiency Analysis – Final Report July 25, 2022 July 25, 2022 Mr. Jay Ravins Finance Director City of Clearwater 100 S. Myrtle Avenue Clearwater, FL 33756 Re: Water, Sewer, and Reclaimed Water Revenue Sufficiency Analysis – Final Report Dear Mr. Ravins, Stantec Consulting Services Inc. is pleased to present this Final Report of the FY 2022 Water, Sewer, and Reclaimed Water Revenue Sufficiency Analysis (Study) that we completed for the City of Clearwater, Florida (City) and its Water and Sewer Department. We appreciate the fine assistance provided by you and each of the members of City staff who participated in this Study. If you or others at the City have any questions, please do not hesitate to call me at (813) 269-6010 or email me at leticia.doohaluk@stantec.com. We appreciate the opportunity to be of service to the City and look forward to working with you again in the near future. Sincerely, Leticia Doohaluk Managing Consultant 777 S. Harbour Island Blvd., Suite 600 Tampa, Florida 33602 (813) 269-6010 leticia.doohaluk@stantec.com Enclosure City of Clearwater | FY 2022 Water, Sewer, and Reclaimed Water Revenue Sufficiency Analysis Stantec | 1 TABLE OF CONTENTS Introduction ........................................................................................................... 2 Background ................................................................................................................................. 2 Objectives ................................................................................................................................... 2 Revenue Sufficiency Analysis ............................................................................. 4 Source Data & Assumptions ....................................................................................................... 4 2.1.1 Beginning Fund Balances .................................................................................................... 4 2.1.2 Revenues ............................................................................................................................. 4 2.1.3 Operating Expenditures ....................................................................................................... 4 2.1.4 Payment in Lieu of Taxes (PILOT) ...................................................................................... 5 2.1.5 Renewal & Replacement (R&R) Contributions .................................................................... 5 2.1.6 Capital Improvement Program (CIP) ................................................................................... 5 2.1.7 Cost Escalation .................................................................................................................... 6 2.1.8 Interest Earnings .................................................................................................................. 6 2.1.9 Price Elasticity...................................................................................................................... 6 2.1.10 Total Demand and Purchased Water Expenses ................................................................ 6 2.1.11 Customer Growth & Volume Forecast ................................................................................ 7 2.1.12 Minimum Operating Reserve Policy ................................................................................... 8 2.1.13 Future Borrowing & Capital Funding ................................................................................... 8 2.1.14 Debt Service and Coverage ................................................................................................ 9 Conclusions and Recomendations ............................................................................................. 9 2.2.1 Local & National Water & Sewer Cost Trends ................................................................... 11 Water & Sewer Rate Survey ............................................................................... 13 Appendix: Supporting Financial Schedules ............................................................. 15 1. Introduction City of Clearwater | FY 2022 Water, Sewer, and Reclaimed Water Revenue Sufficiency Analysis Stantec | 2 INTRODUCTION Stantec Consulting (Stantec) has conducted the FY 2022 Water, Sewer, and Reclaimed Water Revenue Sufficiency Analysis (RSA) for the City of Clearwater’s Water and Sewer Enterprise Fund (Utility or Fund). This report describes the objectives, data, and assumptions, as well as the conclusions and recommendations of the RSA. BACKGROUND In recent years, many challenges have affected the financial performance of the Utility. Pinellas County, the City of Clearwater’s (City) wholesale water provider, has continued to increase its wholesale rates. Aging infrastructure continues to drive the need for additional renewal and replacement projects within the Utility’s capital improvement plan. Moreover, continued conservation awareness has caused many of the Utility’s customers to reduce the quantity of water they are using. The City regularly retains Stantec to evaluate the sufficiency of the revenues provided by the City’s water, sewer and reclaimed water rates to meet both the current and projected cost requirement of the Utility. Stantec has been working with the City of Clearwater for since 2003, and, most recently, completed Revenue Sufficiency Analyses (RSA) updates in 20171, 20192, and 20213. Historically, City Council has approved a 5-year plan of annual rate adjustments for its Water and Sewer Utility, the last of which expired with the 4.0% rate adjustment effective October 1, 2021 (FY 2022). Given recent inflationary pressure in the general economy, combined with the expiration of the last 5-year rate plan, the City again retained Stantec in the Spring of 2021, to evaluate the adequacy of the revenue provided by its current Utility rates to meet its financial requirements over a ten-year projection period. OBJECTIVES The principal objectives of this Study were as follows: Revenue Sufficiency Analysis – To evaluate the sufficiency of current water, sewer, and reclaimed water rate revenues to generate the level of revenues necessary to satisfy the Utility’s projected operating cost requirements through FY 2032, including 1) operating expenses, 2) capital improvement program (CIP) costs, 3) adequate operating reserves, 4) sufficient debt service 1 Final Report dated September 29, 2017. 2 Final Report dated September 10, 2019 3 Final Report dated July 30, 2021 1. Introduction City of Clearwater | FY 2022 Water, Sewer, and Reclaimed Water Revenue Sufficiency Analysis Stantec | 3 coverage levels; and, develop a plan of future rate revenue adjustments that will satisfy these projected requirements during each year of the projection. Conduct a Residential Water & Sewer Fee Survey – To compare the City’s typical monthly water and sewer bill for a typical single-family residential customer to those of other single-family customers in the City’s surrounding geographic area. 2. Revenue Sufficiency Analysis City of Clearwater | FY 2022 Water, Sewer, and Reclaimed Water Revenue Sufficiency Analysis Stantec | 4 REVENUE SUFFICIENCY ANALYSIS This section presents the financial management plan developed and described herein, which includes the source data and assumptions, as well as conclusions and recommendations of the RSA. The Appendix includes detailed supporting schedules for the financial management plan. SOURCE DATA & ASSUMPTIONS The following presents the key source data and assumptions relied upon in conducting the RSA. 2.1.1 Beginning Fund Balances The FY 2021 Comprehensive Annual Financial Report Statement of Net Position and supporting trial balance schedules provided by City staff were used to establish FY 2022 beginning balances, as of October 1, 2021. It is important to note that funds reserved or encumbered for specific capital projects were included in the beginning fund balances and the associated capital project costs were also included in the capital improvement program. 2.1.2 Revenues Revenues consist of rate revenue, other operating revenues (such as service taps, pre-treatment charges, late payments and other miscellaneous charges) impact fees and interest income. Rate revenues for each service type (Water, Sewer, and Reclaimed Water) are based upon FY 2021 actual results, adjusted for projected growth in FY 2022 and the 4.0% rate increase that was effective on October 1, 2021. Beyond FY 2022, rate revenues are adjusted annually based upon assumed annual changes in accounts, changes in billed volumes, as well as recommended annual rate increases shown in the results section of this report. The FY 2022 Budget serves as the basis for all other revenues, except for interest income (which is calculated annually based upon projected average annual fund balances and assumed interest rates discussed in more detail in Section 2.1.8 of this report) and revenues from impact fees (which are calculated based upon assumed new accounts and the current impact fees). All details of projected revenues to the Utility are presented in Schedule 3 of the Appendix. 2.1.3 Operating Expenditures The Utility’s operating expenditures include all operating and maintenance (O&M) expenses, transfers (including payment in lieu of taxes and contributions to renewal and replacement), debt service requirements and minor capital outlay. The RSA based operating expenditure projections on the individual expense categories and expense amounts contained in the FY 2022 Budget. Starting in FY 2023, each expense line item is annually adjusted based upon assumed cost escalation factors 2. Revenue Sufficiency Analysis City of Clearwater | FY 2022 Water, Sewer, and Reclaimed Water Revenue Sufficiency Analysis Stantec | 5 discussed in Section 2.1.7 of this report, which were validated with City staff. Furthermore, based on the evaluation of historical O&M budget execution and discussion with City staff, the analysis includes an assumption of 98% execution of O&M expenses. Existing annual debt service expenses reflect schedules for each outstanding issuance of the Utility. Future / projected annual debt service costs are presented in Schedules 4 and 11 of the Appendix. The complete list of all future O&M costs is presented in Schedule 4 of the Appendix. 2.1.4 Payment in Lieu of Taxes (PILOT) The FY 2022 payment in lieu of taxes reflect the FY 2022 Budget amount as provided by City staff. Starting in FY 2023, the annual calculation of the PILOT to be transferred to the City’s General Fund is based upon 5.5% of the prior year’s audited total operating revenues in each year of the projection period. The total annual PILOT payments, allocated by department, are listed in Schedule 4 of the Appendix. 2.1.5 Renewal & Replacement (R&R) Contributions The Utility’s bond covenant requires annual transfers of 5.0% of the prior year’s operating revenues into a Renewal & Replacement Fund. Based on discussion with City staff, this RSA includes an additional R&R transfer to comply with updated rating agency criteria for funding capital projects with cash, rather than additional borrowing. This additional R&R transfer began in FY 2019 in the amount of $4,000,000 and increases by $1,000,000 in each year of the projection period such that by FY 2025, the additional R&R transfer will equal $10,000,000 and will stay at the $10,000,000 amount through FY 2032. Once transferred into the R&R fund, these deposits become a source of capital restricted to the funding for renewal and replacement of the Utility’s infrastructure. Given the size of renewal & replacement projects included in the Utility’s CIP, these deposits are projected to be used in full by FY 2025. Further details are provided in both Schedule 4 and Schedule 10 of the Appendix. 2.1.6 Capital Improvement Program (CIP) The Capital Improvement Program (CIP) was provided by City staff through FY 2028. FY 2028 CIP provided by City staff did not reflect steady state annual spending. Consequently, beginning in FY 2028, unspecified future capital projects were projected based upon an assumed steady state annual CIP spending and was based on discussion with staff. It is also important to note that starting in FY 2023, the RSA includes an annual cost inflation factor of 3.0% on the CIP project costs to account for the inflation in the future cost of construction. The original CIP as provided by staff included total prior year appropriations as well as FY 2022 funding of approximately $177.6M. Through discussion with staff, assumptions were made regarding the capacity of the City to execute the capital program as provided, given strong labor market conditions and high turnover in project management and engineering positions across the industry in the United States. 2. Revenue Sufficiency Analysis City of Clearwater | FY 2022 Water, Sewer, and Reclaimed Water Revenue Sufficiency Analysis Stantec | 6 It was determined that total amount of capital the City believes it will be able to execute in FY 2022 is approximately $42M. As such, approximately $135M of FY2022 and prior year appropriations are deferred and moved into other years of the projection. Schedule 6 of the Appendix presents these annual amounts under “Plus/Less: CIP Re-distribution from Panel” line. Starting in FY 2023 and continuing through FY 2032, the RSA assumes that only a portion of those deferred projects will be executed such that approximately $21.6M of capital will be spent beyond FY 2032, or outside of the 10-year projection. In total, the CIP (including inflation) from FY 2022 through FY 2032 is approximately $839.3M. A list of projects/cost by year is included in Schedule 6 of the Appendix. 2.1.7 Cost Escalation Annual cost escalation factors for the various types of O&M expenses were discussed with City staff and applied in each year of the projection period beginning in FY 2023. In general, operating expenses are projected to track with overall inflation patterns, and most other cost line items are projected to increase at annual rates of between 3.0% and 10.0%. Moreover, employee pension plan expenditures are calculated as 6.5% of salaries and wages in FY23, 7.75% in FY24, and 8.5% every year thereafter. The weighted average annual O&M expenses increase for the 10-year projection is 3.27%. The specific escalation factors assumed for each type of expense are presented on Schedule 5 of Appendix. 2.1.8 Interest Earnings The projection of interest earnings on invested funds (including funds dedicated for CIP projects) was provided by City staff and reflects an earnings rate of 1% in FY 2022, 2% in FY 2023, and 2.25% in FY 2024 and throughout the remainder of the forecast. Annual interest earnings are presented in Schedule 3 of the Appendix. 2.1.9 Price Elasticity A price elasticity adjustment is incorporated into the analysis to reflect the reverse relationship between rates adjustments and discretionary use. Typically, as rates increase, discretionary water usage by customers will likely decline. As such, to generate sufficient revenue, projected rate increases will have to be adjusted upward to reflect a smaller usage base to which they will be applied, thus causing the projected rate increases to be larger. The price elasticity adjustment reduces all usage revenues by the product of the annual rate increase and the annual assumed price elasticity coefficient. In each year of the projection period the price elasticity coefficient is 0.30, meaning for every 10% increase in rates, there is a resulting 3% reduction in consumption. 2.1.10 Total Demand and Purchased Water Expenses The total projected demand including projected water loss is based upon the billed demand projections described in Section 2.1.11 of this report and is assumed to be approximately 11.9 million gallons per day 2. Revenue Sufficiency Analysis City of Clearwater | FY 2022 Water, Sewer, and Reclaimed Water Revenue Sufficiency Analysis Stantec | 7 (MGD) in FY 2022. This demand is projected to be met by the City’s water production of 7.12 MGD and purchases from Pinellas County of 4.78 MGD. Annual total billed demands, water purchased, and water produced are presented in Schedule 1 of the Appendix. The City’s CIP as provided by staff and discussed in Section 2.1.6 of this report reflects projects designed to significantly reduce the amount of water purchases from Pinellas County throughout the projection period, consistent with City plans. As such, projected purchase water demands from the County are reduced by approximately 3.0MGD in FY 2028. It is the goal of the City to provide as much of the City’s average daily flow demand locally but maintain reliance upon the County and Regional System for maintenance, peaking demands, and emergency supply. The annual amount of water purchased is multiplied by the projected wholesale water rate of Pinellas County, to determine the purchased water expense in each year of the RSA. Detailed projections of purchased water expenses from Pinellas County are presented in Schedules 1 and 4 of the Appendix. Consistent with Pinellas County’s most recent rate study, available at the time this RSA was being conducted, 1.00% annual rate increases are approved through FY 2023 and are projected to be maintained in each year thereafter through FY 2032. 2.1.11 Customer Growth & Volume Forecast Account Growth The analysis specifically reviewed changes in the number of active accounts by month during the past ten years. Based upon this review, the RSA developed annual forecasts of active accounts for each service type over the next ten years. Schedule 1 of the Appendix includes detailed projections of active accounts for water, irrigation, sewer, and reclaimed water service. Forecast of Billed Demands The analysis of historical billed demands was based upon a review of the Utility’s monthly billing consumption by service and customer class for the past ten years. The results of this analysis concluded that in recent years, a minor increase in accounts has caused a minor increase in demand. Despite overall increase in demand, the trend of declining average usage per account continues. Schedule 1 of the Appendix includes detailed projections of annual billed demands by water, sewer, and reclaimed water system. Reclaimed Water Use Revenue As reclaimed water is made available to more customers and reclaimed water usage increases, the analysis assumes a reduction in the Utility’s potable irrigation customers and demands, as well as a corresponding reduction in the amount of wholesale water that has to be purchased. Furthermore, the analysis includes a reduction in lawn irrigation revenues, as potable irrigation use is replaced by lower priced reclaimed water use. The net effect of these reclaimed water impacts causes projected rate increases to be larger. The customer and demand projections for lawn irrigation and reclaimed water 2. Revenue Sufficiency Analysis City of Clearwater | FY 2022 Water, Sewer, and Reclaimed Water Revenue Sufficiency Analysis Stantec | 8 service are presented in Schedule 1 of the Appendix and include the impact of the continued expansion/growth of the reclaimed water system. 2.1.12 Minimum Operating Reserve Policy The operating reserve is a balance maintained to meet short-term cash flow requirements as well as minimize the risk associated with meeting the financial obligations and continued operational and capital needs under adverse conditions. The level of reserves maintained by a utility is an important component and consideration of developing a utility system multi-year financial management plan. Many utilities, rating agencies, and the investment community, as a whole, places a significant emphasis on having sufficient reserves available for potentially adverse conditions. The rationale related to the maintenance of adequate reserves is twofold. First, it helps to ensure that a utility will have adequate funds available to meet its financial obligations during unusual periods (i.e. when revenues are unusually low and/or expenditures are unusually high). Second, it provides funds that can be used for emergency repairs or replacements to the system that can occur because of natural disasters or unanticipated system failures. Moreover, reserves are an important financial indicator considered by rating agencies in establishing credit rating for municipal utility systems, thereby impacting the terms and costs of future borrowing requirements. Rating agency guidance as to the level of operating reserve for utility systems tends to be consistent with the level recommended by AWWA and our industry experience. Based upon Stantec’s industry experience, effective utilities often target a minimum operating reserve in the range of 3 – 12 months of annual O&M expenses, depending on other reserve funds and practices, local economic conditions and other financial management policies and procedures. For Clearwater, the RSA reflects a target minimum operating reserve equal to 6 months of O&M expenses. This objective is generally not established as a strict minimum, as many factors could create circumstances under which a utility may elect to allow fund balances below that target for a period of time. In this case, the City will use its funds on hand down to the six months target to reduce borrowing costs, however, minimum balances are maintained at the six months level in every year as presented in Figure 1. 2.1.13 Future Borrowing & Capital Funding To the extent that any new long-term debt is required during the projection period, the RSA assumes it would be issued for a 30-year term at an interest rate of 4.00% and 1.5% cost of issuance. The City’s actual future financing and funding decisions will reflect actual future conditions and broader City-wide Figure 2-1 Projected Annual Operating Reserves 2. Revenue Sufficiency Analysis City of Clearwater | FY 2022 Water, Sewer, and Reclaimed Water Revenue Sufficiency Analysis Stantec | 9 financing objectives, but the projections in the RSA reflect realistic overall conditions for planning purposes. 2.1.14 Debt Service and Coverage The Utility must maintain annual net revenue (gross revenue minus operating expenses) that is at least 1.15 times greater than the annual debt service requirement (i.e. the annual principal and interest payments) on its outstanding senior-lien debt. This coverage requirement is a minimum bond covenant requirement. To the extent a utility is unable to meet this requirement, it could be found in technical default, which could result in reductions in credit ratings, which would affect the interest rate and terms of future financing initiatives. As a policy decision, well-managed utilities almost always measure revenue sufficiency and set rates based upon higher coverage levels, to ensure compliance with these covenants, in the event future projections of revenue and expenses do not occur as predicted. This practice tends to enhance a utility’s effectiveness over time as it tends to provide funds which can be available to implement programs and capital projects, without the issuance of additional debt. The utility is projected to achieve its coverage requirements each year in the projection period. CONCLUSIONS AND RECOMENDATIONS As previously stated, the revenue sufficiency analysis evaluated the sufficiency of the current water, sewer, and reclaimed water rate revenues to generate the level of revenues necessary to satisfy the Utility’s projected 1) operating expenses, 2) capital improvement costs, 3) adequate operating reserves, and 4) adequate debt service coverage during the 10-year projection. Given the assumptions as described within this report, the results of the RSA are summarized in Figure 2- 2 and illustrates that CIP spending is based on estimates provided by staff and ramps up beyond FY 2027. CIP funding is well balanced with funding from impact fees, renewal & replacement, operating cash, and debt. Furthermore, the RSA projects strong debt service coverages, with the next projected bond issuance taking place in FY 2029, and the maintenance of minimum reserves throughout the 10- year projection period. As such, Stantec concludes that the Fund is projected to generate sufficient revenues by adopting a new 5-year rate plan of 3.00% annual adjustments starting in FY 2023 as presented in Table 2.1. 2. Revenue Sufficiency Analysis City of Clearwater | FY 2022 Water, Sewer, and Reclaimed Water Revenue Sufficiency Analysis Stantec | 10 Figure 2-2 FY 2022 RSA Results Table 2.1 – Proposed Rate Water & Sewer Rate Adjustments *Annual rate adjustments also apply to irrigation and reclaimed water rates. Stantec recommends that the City continue to perform annual or bi-annual updates to the revenue sufficiency analysis to re-evaluate the adequacy of its water, sewer, and reclaimed water rates. Doing so will allow for the incorporation of updated revenue and expense information, as well as changes in economic conditions, customer accounts and usage levels, regulatory requirements, and other factors that can materially affect the results of this revenue sufficiency analysis. This will also ensure that the City’s Utility will continue to meet its financial and operating requirements in the future and minimize rate impacts to customers from future events occurring differently than currently projected. It is important to note that the projections of future conditions underlying this analysis are not intended to be predictions. Applicable to many water, sewer, and reclaimed water utility systems, there are multiple factors beyond the City’s control, such as weather, regulatory changes, national, regional, and local 2021 RSA Annual Rate Adjustments FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 Water* 3.00% 3.00% 3.00% 3.00% 3.00% Sewer 3.00% 3.00% 3.00% 3.00% 3.00% 2. Revenue Sufficiency Analysis City of Clearwater | FY 2022 Water, Sewer, and Reclaimed Water Revenue Sufficiency Analysis Stantec | 11 economic conditions, the rate of growth in new customers, customer reaction to rate adjustments, operating and capital cost inflation, and changes in the timing and composition of the Utility’s capital improvement program, that will have material impacts on the future financial condition of the City’s utility operations. Further, the projections in this Study rely upon data and guidance provided during the Study, and while the information utilized in this Study is believed to be reliable, detailed independent reviews or auditing of the data were not conducted. As a result, there will usually be differences between forecast and actual results because events and circumstances frequently do not occur as expected, and those differences may be material. While we have no responsibility to update this report for events and circumstances occurring after the date of this report, future management actions must be informed by and adjusted to reflect future results as they occur. These comments are provided to emphasize the importance of active management informed by the actual future results of utility operations by the City. While the planning effort supported by this Study will serve to guide and inform the City in balancing future revenue and spending decisions, it is only through observation of future results that the City will be able to determine the actions required to ensure its financial and operational objectives are met. The Appendix includes detailed schedules presenting all components of the financial management plan developed for the Utility. 2.2.1 Local & National Water & Sewer Cost Trends The recommended annual rate adjustments identified herein are consistent with national trends. As demonstrated in the following graph, the U.S. Consumer Price Index (CPI) Water & Sewerage Maintenance Series, which specifically measures the average national change in the cost of water and wastewater service to households, has risen at an average annual rate of approximately 3.9% during the past ten years and 4.8% during the past fifteen years. 2. Revenue Sufficiency Analysis City of Clearwater | FY 2022 Water, Sewer, and Reclaimed Water Revenue Sufficiency Analysis Stantec | 12 0% 20% 40% 60% 80% 100% 120% 0.0% 1.0% 2.0% 3.0% 4.0% 5.0% 6.0% 7.0% 8.0% 9.0%Cumula�ve IncreaseAnnual IncreaseAnnual Increase CPI Cumula�ve % Increase US CPI -Water & Sewerage Maintenance Series 3. Water & Sewer Rate Survey City of Clearwater | FY 2022 Water, Sewer, and Reclaimed Water Revenue Sufficiency Analysis Stantec | 13 WATER & SEWER RATE SURVEY As part of this RSA, Stantec prepared a comparative residential water and sewer rate survey of the City’s surrounding geographic area. The green and blue bars in Figure 3-1 reflect a monthly water and sewer bill for a single-family residential water and sewer customer using 3,000 gallons (this reflects the most commonly billed usage amount for City of Clearwater customers) per month, calculated with rates in effect on October 1, 2021 (FY 2022). The rates used in the surveys were based upon information available on each utility’s website, provided by its billing department, and/or published in rate ordinances as available on Municode.com. The survey below shows the City’s water and sewer typical monthly bill is in a comparable position to those of surrounding communities. It is important to note that this survey reflects a snapshot in time for FY 2022. With the multitude of financial pressures each utility is currently facing, many of the other monthly bills shown in this survey are likely to change in FY 2023 and beyond. Figure 3-1 FY 2022 Monthly Water & Sewer Residential Bill Survey @ 3,000 Gallons / Month Disclaimer City of Clearwater | FY 2022 Water, Sewer, and Reclaimed Water Revenue Sufficiency Analysis Stantec | 14 Disclaimer This document was produced by Stantec Consulting Services Inc. (“Stantec”) for the City of Clearwater, FL and is based on a specific scope agreed upon by both parties. Stantec’s scope of work and services do not include serving as a “municipal advisor” for purposes of the registration requirements of the Dodd- Frank Wall Street Reform and Consumer Protection Act (2010) or the municipal advisor registration rules issued by the Securities and Exchange Commission. Stantec is not advising the City of Clearwater, FL, or any municipal entity or other person or entity, regarding municipal financial products or the issuance of municipal securities, including advice with respect to the structure, terms, or other similar matters concerning such products or issuances. In preparing this report, Stantec utilized information and data obtained from the City of Clearwater, FL or public and/or industry sources. Stantec has relied on the information and data without independent verification, except only to the extent such verification is expressly described in this document. Any projections of future conditions presented in the document are not intended as predictions, as there may be differences between forecasted and actual results, and those differences may be material. Additionally, the purpose of this document is to summarize Stantec’s analysis and findings related to this project, and it is not intended to address all aspects that may surround the subject area. Therefore, this document may have limitations, assumptions, or reliances on data that are not readily apparent on the face of it. Moreover, the reader should understand that Stantec was called on to provide judgments on a variety of critical factors which are incapable of precise measurement. As such, the use of this document and its findings by the City of Clearwater, FL should only occur after consultation with Stantec, and any use of this document and findings by any other person is done so entirely at their own risk. Appendix: Supporting Financial Schedules City of Clearwater | FY 2022 Water, Sewer, and Reclaimed Water Revenue Sufficiency Analysis Stantec | 15 APPENDIX: SUPPORTING FINANCIAL SCHEDULES Schedule 1 Projected Accounts, Billed Volumes and Other Assumptions Schedule 2 FY 2021 Beginning Balances Schedule 3 Projection of Cash Inflows Schedule 4 Projection of Cash Outflows Schedule 5 Cost Escalation Factors Schedule 6 Capital Improvement Program Schedule 7 FAMS - Control Panel Schedule 8 Forecast of Net Revenues & Debt Service Coverage Schedule 9 Capital Project Funding Summary Schedule 10 Funding Summary by Fund Schedule 11 Long-Term Borrowing Projections Appendix: Supporting Financial Schedules Projected Accounts, Billed Volumes and Other Assumptions Schedule 1 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 Projected Rate Increase Adoption Dates 10/1/2021 10/1/2022 10/1/2023 10/1/2024 10/1/2025 10/1/2026 10/1/2027 10/1/2028 10/1/2029 10/1/2030 10/1/2031 Annual Account Growth & Billed Volume Projections Water Number of Accounts 34,241 34,351 34,461 34,571 34,681 34,791 34,901 35,011 35,121 35,231 35,341 Annual Growth in Accounts 110 110 110 110 110 110 110 110 110 110 110 Annual % Change in Accounts 0.32%0.32%0.32%0.32%0.32%0.32%0.32%0.32%0.31%0.31%0.31% Monthly Usage per Account in each Fiscal Year (kgals) 1 8.51 8.44 8.38 8.31 8.25 8.19 8.12 8.06 7.99 7.93 7.86 % Change in Monthly Usage Per Account 0.54%-0.76%-0.76%-0.77%-0.78%-0.78%-0.79%-0.79%-0.80%-0.81%-0.81% Total Billed Volume (kgals)3,496,034 3,480,672 3,465,139 3,449,436 3,433,563 3,417,520 3,401,306 3,384,922 3,368,368 3,351,643 3,334,748 % Change in Projected Total Billed Volume 0.87%-0.44%-0.45%-0.45%-0.46%-0.47%-0.47%-0.48%-0.49%-0.50%-0.50% Sewer Number of Accounts 34,683 34,833 34,983 35,133 35,283 35,433 35,583 35,733 35,883 36,033 36,183 Annual Growth in Accounts 2 150 150 150 150 150 150 150 150 150 150 150 Annual % Change in Accounts 0.43%0.43%0.43%0.43%0.43%0.43%0.42%0.42%0.42%0.42%0.42% Monthly Usage per Account in each Fiscal Year (kgals) 1 8.53 8.46 8.40 8.33 8.27 8.20 8.14 8.07 8.00 7.94 7.87 % Change in Monthly Usage Per Account 0.56%-0.77%-0.77%-0.78%-0.79%-0.79%-0.80%-0.80%-0.81%-0.82%-0.82% Total Billed Volume (kgals)3,549,508 3,537,507 3,525,271 3,512,799 3,500,091 3,487,147 3,473,969 3,460,554 3,446,904 3,433,018 3,418,897 % Change in Projected Total Billed Volume 1.00%-0.34%-0.35%-0.35%-0.36%-0.37%-0.38%-0.39%-0.39%-0.40%-0.41% Reclaimed Metered Number of Accounts 6,271 6,351 6,431 6,511 6,591 6,671 6,751 6,831 6,911 6,991 7,071 Annual Growth in Accounts 80 80 80 80 80 80 80 80 80 80 80 Annual % Change in Accounts 1.28%1.26%1.24%1.23%1.21%1.20%1.19%1.17%1.16%1.14%1.13% Monthly Usage per Account in each Fiscal Year (kgals) 1 21.51 21.37 21.24 21.11 20.99 20.86 20.74 20.62 20.50 20.39 20.27 % Change in Monthly Usage Per Account -0.63%-0.62%-0.61%-0.61%-0.60%-0.59%-0.59%-0.58%-0.57%-0.57%-0.56% Total Billed Volume (kgals)1,639,102 1,773,911 1,778,973 1,784,012 1,789,036 1,794,055 1,799,067 1,804,073 1,809,073 1,814,067 1,819,055 % Change in Projected Total Billed Volume 0.64%0.63%0.62%0.61%0.61%0.60%0.59%0.59%0.58%0.57%0.57% Reclaimed Flat Number of Accounts 1,509 1,469 1,429 1,389 1,349 1,309 1,269 1,229 1,189 1,149 1,109 Annual Growth in Accounts (40) (40) (40) (40) (40) (40) (40) (40) (40) (40) (40) Annual % Change in Accounts -2.58%-2.65%-2.72%-2.80%-2.88%-2.97%-3.06%-3.15%-3.25%-3.36%-3.48% Irrigation Number of Accounts 2,021 2,016 2,011 2,006 2,001 1,996 1,991 1,986 1,981 1,976 1,971 Annual Growth in Accounts (5) (5) (5) (5) (5) (5) (5) (5) (5) (5) (5) Annual % Change in Accounts -0.25%-0.25%-0.25%-0.25%-0.25%-0.25%-0.25%-0.25%-0.25%-0.25%-0.25% Monthly Usage per Account in each Fiscal Year (kgals) 1 8.07 8.07 8.07 8.07 8.07 8.07 8.07 8.07 8.07 8.07 8.07 % Change in Monthly Usage Per Account 3 -10.78%0.00%0.00%0.00%0.00%0.00%0.00%0.00%0.00%0.00%0.00% Total Billed Volume (kgals)195,712 195,228 194,744 194,260 193,776 193,292 192,807 192,323 191,839 191,355 190,871 % Change in Projected Total Billed Volume -11.00%-0.25%-0.25%-0.25%-0.25%-0.25%-0.25%-0.25%-0.25%-0.25%-0.25% Capital Spending Annual Capital Budget (Future Year Dollars)42,421,159$ 62,556,154 76,379,156 80,875,814 76,034,178 70,864,268 81,780,367 83,274,759 85,773,002 88,346,192 90,996,578 Annual CIP Redistribution 4 (135,129,072)$ 26,000,000 32,000,000 18,000,000 - - 7,500,000 7,500,000 7,500,000 7,500,000 7,500,000 Impact Fees Water Impact Fees 480$ 480 480 480 480 480 480 480 480 480 480 Sewer Impact Fees 900$ 900 900 900 900 900 900 900 900 900 900 City of Clearwater | FY 2022 Water, Sewer, and Reclaimed Water Revenue Sufficiency Analysis Stantec | 1 Appendix: Supporting Financial Schedules Projected Accounts, Billed Volumes and Other Assumptions Schedule 1 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 Average Annual Interest Earnings Rate On Fund Balances 1.00%2.00%2.25%2.25%2.25%2.25%2.25%2.25%2.25%2.25%2.25% Operating Budget Reserve Target (Number of Months of Reserve)6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 Operating Budget Execution Percentage Personal Services 100%100%100%100%100%100%100%100%100%100%100% Purchased Water Cost 100%100%100%100%100%100%100%100%100%100%100% Operations & Maintenance 5 98%98%98%98%98%98%98%98%98%98%98% Capital Outlay (Equip & Lease Purchase Program)100%100%100%100%100%100%100%100%100%100%100% Purchased Water Projections Projected Total Billed Demand in MGD 10.11 10.07 10.03 9.98 9.94 9.89 9.85 9.80 9.75 9.71 9.66 Projected Total Billed Demand Adj. for Loss in MGD 6 1.79 1.78 1.77 1.76 1.76 1.75 1.74 1.73 1.72 1.71 1.71 Projected Total Water Produced in MGD 7.12 7.12 7.12 7.12 7.12 7.12 10.50 10.50 10.50 10.50 10.50 Projected Water Purchases in MGD 7 4.78 4.73 4.68 4.62 4.57 4.52 1.50 1.50 1.50 1.50 1.50 Pinellas County Rates Per Kgal 4.26$ 4.30 4.34 4.39 4.43 4.48 4.52 4.57 4.61 4.66 4.70 Projected Annual Rate Adjustments 1.0%1.0%1.0%1.0%1.0%1.0%1.0%1.0%1.0%1.0%1.0% Projected Annual Purchased Water Expense 7,426,566$ 7,420,644 7,412,990 7,403,562 7,392,316 7,379,207 2,474,732 2,499,480 2,524,474 2,549,719 2,575,216 1 FY 2022 reflects one-time adjustment to average usage per month representative of the increase in snowbirds moving into the City full time as opposed to coming down for the winter only, per staff input. 2 Reflects expectations of new City sewer connections as part of the ongoing septic to sewer conversion program. 3 Reflects one time normalizing adjustment to average monthly irrigation use as FY 2021 was a dry year and usage was very high. 4 City staff provided Stantec with anticipated annual CIP spending. As such, $135M of FY 2022 and unspent prior year appropriations were deferred in FY 2022 and re-distributed into other future years of the projection. 5 Operations and Maintenance execution is based on discussion with City staff and reflects historical comparison of budget to actual spending. 6 Non-revenue water factor adjustment of 18% for the projection based on prior years' actuals. 7 Utility staff expects the completion of the WTP 2 expansion by the end of FY 2027. As such FY 2028, reflects City staff's expectation to purchase the minimum contract amount of 1.5 MGD and produce about 10.5MGD, lowering overall projected water purchase costs. City of Clearwater | FY 2022 Water, Sewer, and Reclaimed Water Revenue Sufficiency Analysis Stantec | 2 Appendix: Supporting Financial Schedules FY 2022 Beginning Balances Schedule 2 Stantec Grouping of Funds in Model Revenue Fund Restricted Reserves Water Impact Fees Sewer Impact Fees Renewal & Replacement Current Unrestricted Assets Cash and Cash Equivalents 160,821,090$ - - - - Restricted Cash and Investments - 10,690,702 - - - Interest Receivable 173,702 - - - - Accounts Receivable, net of allowance for uncollectibles - - - - - Billed 4,325,207 - - - - Unbilled Charges Estimated 3,646,600 - - - - Less: Allowances for Uncollectible Accounts (25,010) - - - - Other receivables 39,703 - - - - Due From Other Governmental Entities 1,106,694 - - - - Inventories at Cost 1,149,392 - - - - Prepaid Expenses and Other Assets 220,384 - - - - Total Assets 171,457,761$ 10,690,702 - - - Current Liabilities Less: Accounts and Contract Payable (4,758,063)$ (1,380,274) - - - Less: Accrued Payroll (622,448) - - - - Less: Accrued Interest Payable (6,860) (1,575,337) - - - Less: Due to Other Funds (38,302) - - - - Less: Deposits - (4,301,758) - - - Current Portion of Long-Term Liabilities - (3,433,333) - - - Less: Compensated Absences (409,048) - - - - Less: Revenue Bonds (686,667) - - - - Less: Capital Lease Purchases Payable (210,921) - - - - Net Fund Balance 164,725,452$ (0) - - - Plus/(Less): Inventories at Cost (1,149,392)$ - - - - Plus/(Less): Renewal and Replacement requirements (5,243,751) - - - 5,243,751 Plus/(Less): Water and Sewer Impact Fees (2,702,168) - 377,691 2,324,477 - Plus/(Less): Water And Sewer Impact Fees 155,630,142$ (0) 377,691 2,324,477 5,243,751 Available Fund Balance 155,630,142$ (0) 377,691 2,324,477 5,243,751 Fund Summary Revenue Fund 155,630,142$ Restricted Reserves (0) Water Impact Fees 377,691 Sewer Impact Fees 2,324,477 Renewal & Replacement 5,243,751 Available Fund Balance 163,576,060$ City of Clearwater | FY 2022 Water, Sewer, and Reclaimed Water Revenue Sufficiency Analysis Stantec | 3 Appendix: Supporting Financial Schedules Schedule 3 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 1 Assumed Rate Revenue Increases 2 Water Rate Increase 4.00%3.00%3.00%3.00%3.00%3.00%4.00%4.00%4.00%4.00%4.00% 3 Sewer Rate Increase 4.00%3.00%3.00%3.00%3.00%3.00%4.00%4.00%4.00%4.00%4.00% 4 Reclaimed Rate Increase 4.00%3.00%3.00%3.00%3.00%3.00%4.00%4.00%4.00%4.00%4.00% 5 Water Rate Revenue 6 Base Rate Revenue 24,079,591$ 24,881,656 25,710,173 26,566,007 27,450,052 28,363,231 29,591,025 30,871,660 32,207,401 33,600,607 35,053,737 7 Usage Rate Revenue 16,849,020 17,127,257 17,408,895 17,693,934 17,982,376 18,274,218 18,696,771 19,127,697 19,567,107 20,015,111 20,471,818 8 Total Water Rate Revenue 40,928,611$ 42,008,913 43,119,067 44,259,941 45,432,428 46,637,449 48,287,795 49,999,357 51,774,508 53,615,718 55,525,554 9 Lawn Irrigation 10 Base Rate Revenue 3,114,623$ 3,200,125 3,287,954 3,378,172 3,470,844 3,566,037 3,699,388 3,837,702 3,981,161 4,129,957 4,284,287 11 Usage Rate Revenue 599,663 616,125 633,035 650,405 668,248 686,576 712,250 738,880 766,501 795,149 824,863 12 Total Irrigation Rate Revenue 3,714,286$ 3,816,250 3,920,989 4,028,577 4,139,092 4,252,612 4,411,638 4,576,582 4,747,662 4,925,107 5,109,151 13 Sewer Rate Revenue 14 Base Rate Revenue 32,621,756$ 33,745,727 34,907,776 36,109,177 37,351,245 38,635,339 40,350,852 42,141,788 44,011,439 45,963,235 48,000,756 15 Usage Rate Revenue 17,303,192 17,606,828 17,914,388 18,225,880 18,541,305 18,860,667 19,315,490 19,779,650 20,253,275 20,736,494 21,229,431 16 Total Sewer Rate Revenue 49,924,949$ 51,352,555 52,822,165 54,335,057 55,892,550 57,496,006 59,666,342 61,921,438 64,264,714 66,699,728 69,230,186 17 Reclaimed Rate Revenue 18 Base Rate Revenue 1,621,361$ 1,678,500 1,737,609 1,798,754 1,862,003 1,927,429 2,014,474 2,105,399 2,200,374 2,299,579 2,403,200 19 Usage Rate Revenue 2,110,787 2,141,708 2,173,249 2,205,421 2,238,232 2,271,694 2,321,626 2,372,818 2,425,299 2,479,103 2,534,262 20 Total Reclaimed Rate Revenue 3,732,148$ 3,820,208 3,910,858 4,004,174 4,100,235 4,199,123 4,336,100 4,478,216 4,625,674 4,778,683 4,937,462 21 Other Operating Revenue 22 Other Water Revenue 75,000$ 75,000 75,000 75,000 75,000 75,000 75,000 75,000 75,000 75,000 75,000 23 Water Service Charges 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 24 Water Taps 95,000 95,000 95,000 95,000 95,000 95,000 95,000 95,000 95,000 95,000 95,000 25 Material & Water Service 25,000 25,000 25,000 25,000 25,000 25,000 25,000 25,000 25,000 25,000 25,000 26 Fire Line Detect Instilln 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 27 Wpc Fee Safety Harbor 1,578,730 1,578,730 1,626,092 1,674,875 1,725,121 1,776,875 1,847,950 1,921,867 1,998,742 2,078,692 2,161,840 28 Sewer Taps 135,000 135,000 135,000 135,000 135,000 135,000 135,000 135,000 135,000 135,000 135,000 29 Grease Ord Revenue 55,000 55,000 55,000 55,000 55,000 55,000 55,000 55,000 55,000 55,000 55,000 30 Industrial Pretreatment Rv 45,000 45,000 45,000 45,000 45,000 45,000 45,000 45,000 45,000 45,000 45,000 31 Late Payment Fee 271,000 271,000 271,000 271,000 271,000 271,000 271,000 271,000 271,000 271,000 271,000 32 Rents-Commercial Property 65,000 65,000 65,000 65,000 65,000 65,000 65,000 65,000 65,000 65,000 65,000 33 Sale Of Scrap 20,000 20,000 20,000 20,000 20,000 20,000 20,000 20,000 20,000 20,000 20,000 34 Capitalized Labor-Water 180,000 180,000 180,000 180,000 180,000 180,000 180,000 180,000 180,000 180,000 180,000 35 Total Other Operating Revenue 2,794,730$ 2,794,730 2,842,092 2,890,875 2,941,121 2,992,875 3,063,950 3,137,867 3,214,742 3,294,692 3,377,840 Projection of Cash Inflows City of Clearwater | FY 2022 Water, Sewer, and Reclaimed Water Revenue Sufficiency Analysis Stantec | 4 Appendix: Supporting Financial Schedules Schedule 3 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 Projection of Cash Inflows 36 Non-Operating Revenue 37 Interfund Svc Chgs Fund 010 28,600$ 28,600 28,600 28,600 28,600 28,600 28,600 28,600 28,600 28,600 28,600 38 Interfund Svc Chgs Fund 419 4,400 4,400 4,400 4,400 4,400 4,400 4,400 4,400 4,400 4,400 4,400 39 Interfund Svc Chgs Fund 423 2,200 2,200 2,200 2,200 2,200 2,200 2,200 2,200 2,200 2,200 2,200 40 Interfund Svc Chgs Fund 424 2,200 2,200 2,200 2,200 2,200 2,200 2,200 2,200 2,200 2,200 2,200 41 Interfund Svc Chgs Fund 432 2,200 2,200 2,200 2,200 2,200 2,200 2,200 2,200 2,200 2,200 2,200 42 Interfund Svc Chgs Fund 433 2,200 2,200 2,200 2,200 2,200 2,200 2,200 2,200 2,200 2,200 2,200 43 Interfund Svc Chgs Fund 435 2,200 2,200 2,200 2,200 2,200 2,200 2,200 2,200 2,200 2,200 2,200 44 Total Non-Operating Revenue 44,000$ 44,000 44,000 44,000 44,000 44,000 44,000 44,000 44,000 44,000 44,000 45 Interest Income 46 Unrestricted 1,534,973$ 2,854,613 2,742,482 1,968,006 1,224,459 801,875 666,490 661,118 685,614 711,134 737,728 47 Restricted - 0 0 0 0 0 0 53,101 106,203 164,242 222,281 48 Total Interest Income 1,534,973$ 2,854,613 2,742,482 1,968,006 1,224,459 801,875 666,490 714,219 791,817 875,376 960,009 49 Impact Fees 1 50 Water Impact Fees 52,800$ 52,800 52,800 52,800 52,800 52,800 52,800 52,800 52,800 52,800 52,800 51 Sewer Impact Fees 135,000 135,000 135,000 135,000 135,000 135,000 135,000 135,000 135,000 135,000 135,000 52 Total Impact Fees 187,800$ 187,800 187,800 187,800 187,800 187,800 187,800 187,800 187,800 187,800 187,800 53 Total Cash Inflows 102,861,496$ 106,879,069 109,589,452 111,718,430 113,961,686 116,611,740 120,664,114 125,059,481 129,650,918 134,421,104 139,372,002 1 Although Impact Fee revenues are reflected in this schedule, these revenues are restricted for expansion related capital and as such are deposited into impact fee sub-funds. The revenues are used to fund expansionary capital projects as identified by staff. For further details see Schedules 6 (Capital improvement Program) and 10 (Funding Summary By Fund). City of Clearwater | FY 2022 Water, Sewer, and Reclaimed Water Revenue Sufficiency Analysis Stantec | 5 Appendix: Supporting Financial Schedules Projection of Cash Outflows Schedule 4 Code Expense Line Item 1 A FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 Pub Util Administration 1 PS 01345-510100 Full Time Salaries & Wages 747,701$ 781,348 824,322 869,659 913,142 958,799 1,006,739 1,057,076 1,109,930 1,165,427 1,223,698 2 PS 01345-510500 Overtime 29,000$ 30,305 31,972 33,730 35,417 37,188 39,047 40,999 43,049 45,202 47,462 3 PS 01345-520100 Life Ins $2500 Empl & Pens 70$ 77 82 87 91 95 100 105 110 116 122 4 PS 01345-520300 Samp Life Insurance 2,196$ 2,416 2,585 2,714 2,850 2,992 3,142 3,299 3,464 3,637 3,819 5 PS 01345-520400 Major Medical Ins-Emp 126,240$ 138,864 148,584 156,014 163,814 172,005 180,605 189,636 199,117 209,073 219,527 6 PS 01345-520600 Social Security-Employee 35,321$ 36,910 38,941 41,082 43,136 45,293 47,558 49,936 52,433 55,054 57,807 7 PS 01345-520700 Emp Pension Plan 20,723$ 52,757 66,363 76,788 80,628 84,659 88,892 93,336 98,003 102,903 108,049 8 PS 01345-520900 Workers Compensation 4,580$ 4,786 5,049 5,327 5,593 5,873 6,167 6,475 6,799 7,139 7,496 9 PS 01345-521000 Disability Insurance 1,673$ 1,840 1,969 2,068 2,171 2,280 2,393 2,513 2,639 2,771 2,909 10 PS 01345-522000 CWA Life 800$ 880 942 989 1,038 1,090 1,145 1,202 1,262 1,325 1,391 11 O&M 01345-530100 Professional Services 55,000$ 57,750 60,349 62,763 64,959 66,908 68,915 70,983 73,112 75,306 77,565 12 O&M 01345-530300 Other Contractual Serv 3,200$ 3,360 3,511 3,652 3,779 3,893 4,010 4,130 4,254 4,381 4,513 13 O&M 01345-542500 Postage 200$ 210 219 228 236 243 251 258 266 274 282 14 O&M 01345-542800 Interfd Other Serv Chgs 76,218$ 80,029 84,030 88,232 92,643 97,276 102,139 107,246 112,609 118,239 124,151 15 O&M 01345-542900 Interfd Admin Service Chg 295,587$ 310,366 325,885 342,179 359,288 377,252 396,115 415,921 436,717 458,552 481,480 16 O&M 01345-543100 Advertising 400$ 420 439 456 472 487 501 516 532 548 564 17 O&M 01345-543200 Other Promotion Activity 4,000$ 4,200 4,389 4,565 4,724 4,866 5,012 5,162 5,317 5,477 5,641 18 O&M 01345-543400 Printing & Binding 1,000$ 1,050 1,097 1,141 1,181 1,217 1,253 1,291 1,329 1,369 1,410 19 O&M 01345-544100 Equipt Rental 600$ 630 658 685 709 730 752 774 798 822 846 20 O&M 01345-545100 Insurance 2,639$ 2,771 2,896 3,011 3,117 3,210 3,307 3,406 3,508 3,613 3,722 21 O&M 01345-546100 Ofc Equip Svc & Repair 50$ 53 55 57 59 61 63 65 66 68 71 22 O&M 01345-546200 Other Equip Svc & Repair 1,000$ 1,050 1,097 1,141 1,181 1,217 1,253 1,291 1,329 1,369 1,410 23 O&M 01345-547100 Uniforms-Employee 1,500$ 1,575 1,646 1,712 1,772 1,825 1,880 1,936 1,994 2,054 2,115 24 O&M 01345-547200 Travel Expense-Emp 3,130$ 3,287 3,434 3,572 3,697 3,808 3,922 4,040 4,161 4,286 4,414 25 O&M 01345-547300 Mileage Reimbursement 200$ 210 219 228 236 243 251 258 266 274 282 26 O&M 01345-547400 Meals-Employee 100$ 105 110 114 118 122 125 129 133 137 141 27 O&M 01345-548000 Other Services Or Charges 100$ 105 110 114 118 122 125 129 133 137 141 28 O&M 01345-550100 Office Supplies 4,000$ 4,200 4,389 4,565 4,724 4,866 5,012 5,162 5,317 5,477 5,641 29 O&M 01345-550400 Operating Supplies & Matls 10,000$ 10,500 10,973 11,411 11,811 12,165 12,530 12,906 13,293 13,692 14,103 30 O&M 01345-551500 Medical Supplies 100$ 105 110 114 118 122 125 129 133 137 141 31 O&M 01345-557100 Memberships/Subs/Lic Emp 17,480$ 18,354 19,180 19,947 20,645 21,265 21,903 22,560 23,236 23,934 24,652 32 O&M 01345-557200 Officl Recognition-Emp 5,880$ 6,174 6,452 6,710 6,945 7,153 7,368 7,589 7,816 8,051 8,292 33 O&M 01345-557300 Training & Ref Employee 19,835$ 20,827 21,764 22,635 23,427 24,130 24,853 25,599 26,367 27,158 27,973 34 O&M 01345-540300 Telephone Service Variable 3,000$ 3,150 3,308 3,473 3,647 3,829 4,020 4,221 4,432 4,654 4,887 35 O&M 01345-540500 Radio Svc-Fixed 1,890$ 1,985 2,084 2,188 2,297 2,412 2,533 2,659 2,792 2,932 3,079 36 O&M 01345-540600 Telephone Svc Fixed 9,669$ 10,152 10,660 11,193 11,753 12,340 12,957 13,605 14,286 15,000 15,750 37 O&M 01345-540700 Postal Service 1,500$ 1,575 1,654 1,736 1,823 1,914 2,010 2,111 2,216 2,327 2,443 38 O&M 01345-540900 Risk Mgmt Service 3,937$ 4,134 4,341 4,558 4,785 5,025 5,276 5,540 5,817 6,108 6,413 39 O&M 01345-541000 Info Technology Charge 102,468$ 107,591 112,971 118,620 124,550 130,778 137,317 144,183 151,392 158,961 166,910 40 O&M 01345-541600 Bldg & Maint-Variable 310$ 326 342 359 377 396 415 436 458 481 505 41 O&M 01345-542000 Employee Benefits-Fixed 4,401$ 4,621 4,852 5,095 5,349 5,617 5,898 6,193 6,502 6,827 7,169 42 Total Pub Util Administration 1,597,698$ 1,711,047 1,814,031 1,914,910 2,008,423 2,105,763 2,207,879 2,315,004 2,427,388 2,545,291 2,668,984 Wastewater Collection43PS01346-510100 Full Time Salaries & Wages 1,127,858$ 1,178,612 1,243,435 1,311,824 1,377,415 1,446,286 1,518,600 1,594,530 1,674,257 1,757,970 1,845,868 44 PS 01346-510400 Special Pay 40,185$ 41,993 44,303 46,740 49,077 51,530 54,107 56,812 59,653 62,636 65,767 45 PS 01346-510500 Overtime 54,000$ 56,430 59,534 62,808 65,948 69,246 72,708 76,344 80,161 84,169 88,377 46 PS 01346-520400 Major Medical Ins-Emp 285,755$ 314,331 336,334 353,150 370,808 389,348 408,816 429,256 450,719 473,255 496,918 47 PS 01346-520600 Social Security-Employee 17,354$ 18,135 19,132 20,185 21,194 22,254 23,366 24,535 25,761 27,049 28,402 48 PS 01346-520700 Emp Pension Plan 75,423$ 83,007 104,414 120,817 126,857 133,200 139,860 146,853 154,196 161,906 170,001 49 PS 01346-520900 Workers Compensation 9,150$ 9,562 10,088 10,642 11,175 11,733 12,320 12,936 13,583 14,262 14,975 50 PS 01346-522000 CWA Life 4,933$ 5,426 5,806 6,096 6,401 6,721 7,057 7,410 7,781 8,170 8,578 51 O&M 01346-530100 Professional Services 50,000$ 52,500 54,863 57,057 59,054 60,826 62,650 64,530 66,466 68,460 70,514 52 O&M 01346-530300 Other Contractual Serv 6,500$ 6,825 7,132 7,417 7,677 7,907 8,145 8,389 8,641 8,900 9,167 53 O&M 01346-542100 Telephone-Util Chgs 4,000$ 4,200 4,389 4,565 4,724 4,866 5,012 5,162 5,317 5,477 5,641 54 O&M 01346-542300 Gas,Water & Sanitation Utl 8,000$ 8,400 8,778 9,129 9,449 9,732 10,024 10,325 10,635 10,954 11,282 55 O&M 01346-542500 Postage 200$ 210 219 228 236 243 251 258 266 274 282 56 O&M 01346-542700 Interfd Svc Chg-Other Fund 36,380$ 38,199 40,109 42,114 44,220 46,431 48,753 51,190 53,750 56,437 59,259 57 O&M 01346-542800 Interfd Other Serv Chgs 233,800$ 245,490 257,765 270,653 284,185 298,395 313,314 328,980 345,429 362,701 380,836 58 O&M 01346-542900 Interfd Admin Service Chg 433,930$ 455,627 478,408 502,328 527,445 553,817 581,508 610,583 641,112 673,168 706,826 59 O&M 01346-543100 Advertising 200$ 210 219 228 236 243 251 258 266 274 282 60 O&M 01346-543200 Other Promotion Activity 1,000$ 1,050 1,097 1,141 1,181 1,217 1,253 1,291 1,329 1,369 1,410 61 O&M 01346-543400 Printing & Binding 1,000$ 1,050 1,097 1,141 1,181 1,217 1,253 1,291 1,329 1,369 1,410 62 O&M 01346-543500 Dump Fee 1,000$ 1,050 1,097 1,141 1,181 1,217 1,253 1,291 1,329 1,369 1,410 63 O&M 01346-544100 Equipt Rental 5,000$ 5,250 5,486 5,706 5,905 6,083 6,265 6,453 6,647 6,846 7,051 64 O&M 01346-544600 Uniform Rental 14,000$ 14,700 15,362 15,976 16,535 17,031 17,542 18,068 18,610 19,169 19,744 65 O&M 01346-545100 Insurance 446,810$ 469,151 490,262 509,873 527,718 543,550 559,856 576,652 593,952 611,770 630,123 66 O&M 01346-546200 Other Equip Svc & Repair 30,000$ 31,500 32,918 34,234 35,432 36,495 37,590 38,718 39,879 41,076 42,308 67 O&M 01346-547100 Uniforms-Employee 7,500$ 7,875 8,229 8,559 8,858 9,124 9,398 9,679 9,970 10,269 10,577 City of Clearwater | FY 2022 Water, Sewer, and Reclaimed Water Revenue Sufficiency Analysis Stantec | 6 Appendix: Supporting Financial Schedules Projection of Cash Outflows Schedule 4 Code Expense Line Item 1 A FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 68 O&M 01346-547200 Travel Expense-Emp 3,100$ 3,255 3,401 3,538 3,661 3,771 3,884 4,001 4,121 4,245 4,372 69 O&M 01346-547300 Mileage Reimbursement 200$ 210 219 228 236 243 251 258 266 274 282 70 O&M 01346-547400 Meals-Employee 600$ 630 658 685 709 730 752 774 798 822 846 71 O&M 01346-550100 Office Supplies 3,500$ 3,675 3,840 3,994 4,134 4,258 4,386 4,517 4,653 4,792 4,936 72 O&M 01346-550400 Operating Supplies & Matls 300,000$ 315,000 329,175 342,342 354,324 364,954 375,902 387,179 398,795 410,759 423,081 73 O&M 01346-551500 Medical Supplies 150$ 158 165 171 177 182 188 194 199 205 212 74 O&M 01346-557100 Memberships/Subs/Lic Emp 1,270$ 1,334 1,394 1,449 1,500 1,545 1,591 1,639 1,688 1,739 1,791 75 O&M 01346-557300 Training & Ref Employee 26,600$ 27,930 29,187 30,354 31,417 32,359 33,330 34,330 35,360 36,421 37,513 76 O&M 01346-540100 Garage Services 444,580$ 466,809 490,149 514,657 540,390 567,409 595,780 625,569 656,847 689,689 724,174 77 O&M 01346-540300 Telephone Service Variable 7,000$ 7,350 7,718 8,103 8,509 8,934 9,381 9,850 10,342 10,859 11,402 78 O&M 01346-540500 Radio Svc-Fixed 12,880$ 13,524 14,200 14,910 15,656 16,439 17,260 18,123 19,030 19,981 20,980 79 O&M 01346-540600 Telephone Svc Fixed 2,340$ 2,457 2,580 2,709 2,844 2,986 3,136 3,293 3,457 3,630 3,812 80 O&M 01346-540900 Risk Mgmt Service 5,670$ 5,954 6,251 6,564 6,892 7,237 7,598 7,978 8,377 8,796 9,236 81 O&M 01346-541000 Info Technology Charge 108,140$ 113,547 119,224 125,186 131,445 138,017 144,918 152,164 159,772 167,761 176,149 82 O&M 01346-541500 Garage Variable 17,000$ 17,850 18,743 19,680 20,664 21,697 22,782 23,921 25,117 26,373 27,691 83 O&M 01346-541800 Administrative Charge 636,240$ 668,052 701,455 736,527 773,354 812,021 852,622 895,254 940,016 987,017 1,036,368 84 O&M 01346-542000 Employee Benefits-Fixed 6,460$ 6,783 7,122 7,478 7,852 8,245 8,657 9,090 9,544 10,022 10,523 85 CO 01346-591000 Contrib To Garage Fund 28,000$ 29,400 30,870 32,414 34,034 35,736 37,523 39,399 41,369 43,437 45,609 86 CO 01346-571300 Principal-Leased Equipment 13,810$ 13,810 13,810 13,810 13,810 13,810 13,810 13,810 13,810 13,810 13,810 87 CO 01346-571500 Principal-Interfund Loans 32,470$ 32,470 32,470 32,470 32,470 32,470 32,470 32,470 32,470 32,470 32,470 88 CO 01346-572300 Interest-Leased Equipt 540$ 540 540 540 540 540 540 540 540 540 540 89 CO 01346-572500 Interest-Interfund Loans 1,370$ 1,370 1,370 1,370 1,370 1,370 1,370 1,370 1,370 1,370 1,370 90 O&M 01346-551300 Small Tools & Implements 4,000$ 4,200 4,389 4,565 4,724 4,866 5,012 5,162 5,317 5,477 5,641 91 Total Wastewater Collection 4,549,898$ 4,787,088 5,049,406 5,307,496 5,554,805 5,808,531 6,074,295 6,352,679 6,644,296 6,949,784 7,269,818 Wastewater Maintenance 92 PS 01347-510100 Full Time Salaries & Wages 1,463,599$ 1,529,461 1,613,581 1,702,328 1,787,445 1,876,817 1,970,658 2,069,191 2,172,650 2,281,283 2,395,347 93 PS 01347-510400 Special Pay 108,600$ 113,487 119,729 126,314 132,630 139,261 146,224 153,535 161,212 169,273 177,736 94 PS 01347-510500 Overtime 118,000$ 123,310 130,092 137,247 144,109 151,315 158,881 166,825 175,166 183,924 193,120 95 PS 01347-520100 Life Ins $2500 Empl & Pens 20$ 22 24 25 26 27 29 30 32 33 35 96 PS 01347-520300 Samp Life Insurance 668$ 735 786 826 867 910 956 1,003 1,054 1,106 1,162 97 PS 01347-520400 Major Medical Ins-Emp 336,048$ 369,653 395,528 415,305 436,070 457,874 480,767 504,806 530,046 556,548 584,376 98 PS 01347-520600 Social Security-Employee 28,291$ 29,564 31,190 32,906 34,551 36,278 38,092 39,997 41,997 44,097 46,301 99 PS 01347-520700 Emp Pension Plan 95,295$ 114,807 144,414 167,101 175,456 184,228 193,440 203,112 213,267 223,931 235,127 100 PS 01347-520900 Workers Compensation 16,660$ 17,410 18,367 19,377 20,346 21,364 22,432 23,553 24,731 25,968 27,266 101 PS 01347-521000 Disability Insurance 395$ 435 465 488 513 538 565 593 623 654 687 102 PS 01347-522000 CWA Life 5,427$ 5,970 6,388 6,707 7,042 7,394 7,764 8,152 8,560 8,988 9,437 103 O&M 01347-530300 Other Contractual Serv 2,350$ 2,468 2,579 2,682 2,776 2,859 2,945 3,033 3,124 3,218 3,314 104 O&M 01347-542800 Interfd Other Serv Chgs 129,790$ 136,280 143,093 150,248 157,761 165,649 173,931 182,628 191,759 201,347 211,414 105 O&M 01347-542900 Interfd Admin Service Chg 503,380$ 528,549 554,976 582,725 611,862 642,455 674,577 708,306 743,722 780,908 819,953 106 O&M 01347-543100 Advertising 1,000$ 1,050 1,097 1,141 1,181 1,217 1,253 1,291 1,329 1,369 1,410 107 O&M 01347-543400 Printing & Binding 30$ 32 33 34 35 36 38 39 40 41 42 108 O&M 01347-544100 Equipt Rental 5,000$ 5,250 5,486 5,706 5,905 6,083 6,265 6,453 6,647 6,846 7,051 109 O&M 01347-544600 Uniform Rental 25,000$ 26,250 27,431 28,529 29,527 30,413 31,325 32,265 33,233 34,230 35,257 110 O&M 01347-545100 Insurance 42,330$ 44,447 46,447 48,304 49,995 51,495 53,040 54,631 56,270 57,958 59,697 111 O&M 01347-546200 Other Equip Svc & Repair 16,000$ 16,800 17,556 18,258 18,897 19,464 20,048 20,650 21,269 21,907 22,564 112 O&M 01347-547100 Uniforms-Employee 8,000$ 8,400 8,778 9,129 9,449 9,732 10,024 10,325 10,635 10,954 11,282 113 O&M 01347-547200 Travel Expense-Emp 1,950$ 2,048 2,140 2,225 2,303 2,372 2,443 2,517 2,592 2,670 2,750 114 O&M 01347-547300 Mileage Reimbursement 200$ 210 219 228 236 243 251 258 266 274 282 115 O&M 01347-547400 Meals-Employee 1,250$ 1,313 1,372 1,426 1,476 1,521 1,566 1,613 1,662 1,711 1,763 116 O&M 01347-548000 Other Services Or Charges 80$ 84 88 91 94 97 100 103 106 110 113 117 O&M 01347-550100 Office Supplies 4,000$ 4,200 4,389 4,565 4,724 4,866 5,012 5,162 5,317 5,477 5,641 118 O&M 01347-550400 Operating Supplies & Matls 150,000$ 157,500 164,588 171,171 177,162 182,477 187,951 193,590 199,397 205,379 211,541 119 O&M 01347-551500 Medical Supplies 80$ 84 88 91 94 97 100 103 106 110 113 120 O&M 01347-552500 $1,000-$4,999 Mach & Equip 5,300$ 5,565 5,815 6,048 6,260 6,448 6,641 6,840 7,045 7,257 7,474 121 O&M 01347-557100 Memberships/Subs/Lic Emp 2,270$ 2,384 2,491 2,590 2,681 2,761 2,844 2,930 3,018 3,108 3,201 122 O&M 01347-557300 Training & Ref Employee 45,555$ 47,833 49,985 51,985 53,804 55,418 57,081 58,793 60,557 62,374 64,245 123 O&M 01347-540100 Garage Services 534,960$ 561,708 589,793 619,283 650,247 682,760 716,898 752,742 790,380 829,899 871,393 124 O&M 01347-540300 Telephone Service Variable 11,280$ 11,844 12,436 13,058 13,711 14,396 15,116 15,872 16,666 17,499 18,374 125 O&M 01347-540500 Radio Svc-Fixed 18,760$ 19,698 20,683 21,717 22,803 23,943 25,140 26,397 27,717 29,103 30,558 126 O&M 01347-540600 Telephone Svc Fixed 2,340$ 2,457 2,580 2,709 2,844 2,986 3,136 3,293 3,457 3,630 3,812 127 O&M 01347-540900 Risk Mgmt Service 7,480$ 7,854 8,247 8,659 9,092 9,547 10,024 10,525 11,051 11,604 12,184 128 O&M 01347-541000 Info Technology Charge 128,800$ 135,240 142,002 149,102 156,557 164,385 172,604 181,235 190,296 199,811 209,802 129 O&M 01347-541100 Bldg & Maint Dept Svc Fx 9,180$ 9,639 10,121 10,627 11,158 11,716 12,302 12,917 13,563 14,241 14,953 130 O&M 01347-541500 Garage Variable 40,000$ 42,000 44,100 46,305 48,620 51,051 53,604 56,284 59,098 62,053 65,156 131 O&M 01347-541600 Bldg & Maint-Variable 9,960$ 10,458 10,981 11,530 12,106 12,712 13,347 14,015 14,715 15,451 16,224 132 O&M 01347-542000 Employee Benefits-Fixed 8,530$ 8,957 9,404 9,875 10,368 10,887 11,431 12,003 12,603 13,233 13,894 133 CO 01347-571500 Principal-Interfund Loans 13,270$ 13,270 13,270 13,270 13,270 13,270 13,270 13,270 13,270 13,270 13,270 133 CO 01347-571300 Principal-Leased Equipment 181,840$ 181,840 181,840 181,840 181,840 181,840 181,840 181,840 181,840 181,840 181,840 City of Clearwater | FY 2022 Water, Sewer, and Reclaimed Water Revenue Sufficiency Analysis Stantec | 7 Appendix: Supporting Financial Schedules Projection of Cash Outflows Schedule 4 Code Expense Line Item 1 A FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 134 CO 01347-572500 Interest-Interfund Loans 830$ 830 830 830 830 830 830 830 830 830 830 135 CO 01347-572300 Interest-Leased Equipt 7,430$ 7,430 7,430 7,430 7,430 7,430 7,430 7,430 7,430 7,430 7,430 136 O&M 01347-551300 Small Tools & Implements 10,000$ 10,500 10,973 11,411 11,811 12,165 12,530 12,906 13,293 13,692 14,103 137 Total Wastewater Maintenance 4,101,228$ 4,319,320 4,563,904 4,803,447 5,027,966 5,261,628 5,506,746 5,763,885 6,033,641 6,316,636 6,613,526 WPC Plant Operations 138 PS 01351-510100 Full Time Salaries & Wages 183,093$ 191,332 201,855 212,958 223,605 234,786 246,525 258,851 271,794 285,383 299,653 139 PS 01351-520100 Life Ins $2500 Empl & Pens 20$ 22 24 25 26 27 29 30 32 33 35 140 PS 01351-520300 Samp Life Insurance 688$ 757 810 850 893 937 984 1,034 1,085 1,139 1,196 141 PS 01351-520400 Major Medical Ins-Emp 30,388$ 33,427 35,767 37,555 39,433 41,404 43,475 45,648 47,931 50,327 52,844 142 PS 01351-520600 Social Security-Employee 7,559$ 7,899 8,334 8,792 9,232 9,693 10,178 10,687 11,221 11,782 12,371 143 PS 01351-520700 Emp Pension Plan 5,368$ 12,437 15,644 18,101 19,006 19,957 20,955 22,002 23,102 24,258 25,470 144 PS 01351-520900 Workers Compensation 1,800$ 1,881 1,984 2,094 2,198 2,308 2,424 2,545 2,672 2,806 2,946 145 PS 01351-521000 Disability Insurance 421$ 463 496 520 546 574 602 632 664 697 732 146 O&M 01351-530100 Professional Services 65,000$ 68,250 71,321 74,174 76,770 79,073 81,445 83,889 86,406 88,998 91,668 147 O&M 01351-542500 Postage 500$ 525 549 571 591 608 627 645 665 685 705 148 O&M 01351-542800 Interfd Other Serv Chgs 8,950$ 9,398 9,867 10,361 10,879 11,423 11,994 12,594 13,223 13,884 14,579 149 O&M 01351-542900 Interfd Admin Service Chg 34,720$ 36,456 38,279 40,193 42,202 44,312 46,528 48,855 51,297 53,862 56,555 150 O&M 01351-543100 Advertising 500$ 525 549 571 591 608 627 645 665 685 705 151 O&M 01351-543200 Other Promotion Activity 100$ 105 110 114 118 122 125 129 133 137 141 152 O&M 01351-543400 Printing & Binding 500$ 525 549 571 591 608 627 645 665 685 705 153 O&M 01351-543700 Fees & Permits 2,000$ 2,100 2,195 2,282 2,362 2,433 2,506 2,581 2,659 2,738 2,821 154 O&M 01351-544100 Equipt Rental 1,000$ 1,050 1,097 1,141 1,181 1,217 1,253 1,291 1,329 1,369 1,410 155 O&M 01351-544600 Uniform Rental 700$ 735 768 799 827 852 877 903 931 958 987 156 O&M 01351-545100 Insurance 350$ 368 384 399 413 426 439 452 465 479 494 157 O&M 01351-547100 Uniforms-Employee 600$ 630 658 685 709 730 752 774 798 822 846 158 O&M 01351-547200 Travel Expense-Emp 500$ 525 549 571 591 608 627 645 665 685 705 159 O&M 01351-547300 Mileage Reimbursement 200$ 210 219 228 236 243 251 258 266 274 282 160 O&M 01351-547400 Meals-Employee 50$ 53 55 57 59 61 63 65 66 68 71 161 O&M 01351-550100 Office Supplies 500$ 525 549 571 591 608 627 645 665 685 705 162 O&M 01351-550400 Operating Supplies & Matls 1,000$ 1,050 1,097 1,141 1,181 1,217 1,253 1,291 1,329 1,369 1,410 163 O&M 01351-557100 Memberships/Subs/Lic Emp 1,000$ 1,050 1,097 1,141 1,181 1,217 1,253 1,291 1,329 1,369 1,410 164 O&M 01351-557300 Training & Ref Employee 2,275$ 2,389 2,496 2,596 2,687 2,768 2,851 2,936 3,024 3,115 3,208 165 O&M 01351-540100 Garage Services 4,630$ 4,862 5,105 5,360 5,628 5,909 6,205 6,515 6,841 7,183 7,542 166 O&M 01351-540300 Telephone Service Variable 24,560$ 25,788 27,077 28,431 29,853 31,345 32,913 34,558 36,286 38,101 40,006 167 O&M 01351-540400 Messenger Service 1,230$ 1,292 1,356 1,424 1,495 1,570 1,648 1,731 1,817 1,908 2,004 168 O&M 01351-540500 Radio Svc-Fixed 2,080$ 2,184 2,293 2,408 2,528 2,655 2,787 2,927 3,073 3,227 3,388 169 O&M 01351-540600 Telephone Svc Fixed 470$ 494 518 544 571 600 630 661 694 729 766 170 O&M 01351-540700 Postal Service 50$ 53 55 58 61 64 67 70 74 78 81 171 O&M 01351-540900 Risk Mgmt Service 450$ 473 496 521 547 574 603 633 665 698 733 172 O&M 01351-541000 Info Technology Charge 40,170$ 42,179 44,287 46,502 48,827 51,268 53,832 56,523 59,349 62,317 65,433 173 O&M 01351-541500 Garage Variable 2,500$ 2,625 2,756 2,894 3,039 3,191 3,350 3,518 3,694 3,878 4,072 174 O&M 01351-542000 Employee Benefits-Fixed 520$ 546 573 602 632 664 697 732 768 807 847 175 CO 01351-572200 Interest Other 48,000$ 48,000 48,000 48,000 48,000 48,000 48,000 48,000 48,000 48,000 48,000 176 CO 01351-591000 Contrib to Garage Fund 31,000$ 32,550 34,178 35,886 37,681 39,565 41,543 43,620 45,801 48,091 50,496 177 Total WPC Plant Operations 505,442$ 535,728 563,996 591,689 617,559 644,224 672,167 701,451 732,142 764,308 798,021 WPC Laboratory Operations 178 PS 01352-510100 Full Time Salaries & Wages 191,184$ 199,787 210,776 222,368 233,487 245,161 257,419 270,290 283,804 297,995 312,894 179 PS 01352-520100 Life Ins $2500 Empl & Pens 30 33 35 37 39 41 43 45 47 50 52 180 PS 01352-520300 Samp Life Insurance 735 809 865 908 954 1,001 1,052 1,104 1,159 1,217 1,278 181 PS 01352-520400 Major Medical Ins-Emp 31,308 34,439 36,850 38,692 40,627 42,658 44,791 47,030 49,382 51,851 54,444 182 PS 01352-520600 Social Security-Employee 5,788 6,048 6,381 6,732 7,069 7,422 7,793 8,183 8,592 9,022 9,473 183 PS 01352-520700 Emp Pension Plan 7,804 12,986 16,335 18,901 19,846 20,839 21,881 22,975 24,123 25,330 26,596 184 PS 01352-520900 Workers Compensation 2,660 2,780 2,933 3,094 3,249 3,411 3,582 3,761 3,949 4,146 4,353 185 O&M 01352-530300 Other Contractual Serv 10,700 11,235 11,741 12,210 12,638 13,017 13,407 13,809 14,224 14,650 15,090 186 O&M 01352-542300 Gas,Water & Sanitation Utl 16,830 17,672 18,467 19,205 19,878 20,474 21,088 21,721 22,372 23,044 23,735 187 O&M 01352-542500 Postage 33 35 36 38 39 40 41 43 44 45 47 188 O&M 01352-542800 Interfd Other Serv Chgs 13,292 13,957 14,654 15,387 16,157 16,964 17,813 18,703 19,638 20,620 21,651 189 O&M 01352-542900 Interfd Admin Service Chg 51,553 54,131 56,837 59,679 62,663 65,796 69,086 72,540 76,167 79,976 83,974 190 O&M 01352-543400 Printing & Binding 100 105 110 114 118 122 125 129 133 137 141 191 O&M 01352-544100 Equipt Rental 4,290 4,505 4,707 4,895 5,067 5,219 5,375 5,537 5,703 5,874 6,050 192 O&M 01352-544600 Uniform Rental 1,650 1,733 1,810 1,883 1,949 2,007 2,067 2,129 2,193 2,259 2,327 193 O&M 01352-545100 Insurance 271 285 297 309 320 330 340 350 360 371 382 194 O&M 01352-546200 Other Equip Svc & Repair 3,300 3,465 3,621 3,766 3,898 4,014 4,135 4,259 4,387 4,518 4,654 195 O&M 01352-547100 Uniforms-Employee 495 520 543 565 585 602 620 639 658 678 698 196 O&M 01352-547200 Travel Expense-Emp 2,475 2,599 2,716 2,824 2,923 3,011 3,101 3,194 3,290 3,389 3,490 197 O&M 01352-547300 Mileage Reimbursement 198 208 217 226 234 241 248 256 263 271 279 198 O&M 01352-550100 Office Supplies 990 1,040 1,086 1,130 1,169 1,204 1,240 1,278 1,316 1,356 1,396 199 O&M 01352-550400 Operating Supplies & Matls 14,850 15,593 16,294 16,946 17,539 18,065 18,607 19,165 19,740 20,333 20,943 City of Clearwater | FY 2022 Water, Sewer, and Reclaimed Water Revenue Sufficiency Analysis Stantec | 8 Appendix: Supporting Financial Schedules Projection of Cash Outflows Schedule 4 Code Expense Line Item 1 A FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 200 O&M 01352-551000 Lab Chem Supplies 21,450 22,523 23,536 24,477 25,334 26,094 26,877 27,683 28,514 29,369 30,250 201 O&M 01352-551500 Medical Supplies 33 35 36 38 39 40 41 43 44 45 47 202 O&M 01352-557100 Memberships/Subs/Lic Emp 150 158 165 171 177 182 188 194 199 205 212 203 O&M 01352-557300 Training & Ref Employee 8,013 8,414 8,792 9,144 9,464 9,748 10,040 10,342 10,652 10,971 11,301 204 O&M 01352-540100 Garage Services 2,030 2,132 2,238 2,350 2,467 2,591 2,720 2,856 2,999 3,149 3,307 205 O&M 01352-540300 Telephone Service Variable 560 588 617 648 681 715 750 788 827 869 912 206 O&M 01352-540600 Telephone Svc Fixed 1,541 1,618 1,699 1,784 1,873 1,967 2,065 2,168 2,277 2,391 2,510 207 O&M 01352-540900 Risk Mgmt Service 713 749 786 825 867 910 955 1,003 1,053 1,106 1,161 208 O&M 01352-541000 Info Technology Charge 16,262 17,075 17,929 18,825 19,767 20,755 21,793 22,882 24,026 25,228 26,489 209 O&M 01352-541100 Bldg & Maint Dept Svc Fx 51,940 54,537 57,264 60,127 63,133 66,290 69,605 73,085 76,739 80,576 84,605 210 O&M 01352-541200 Custodial Service 2,330 2,447 2,569 2,697 2,832 2,974 3,122 3,279 3,442 3,615 3,795 211 O&M 01352-541500 Garage Variable 500 525 551 579 608 638 670 704 739 776 814 212 O&M 01352-541600 Bldg & Maint-Variable 80 84 88 93 97 102 107 113 118 124 130 213 O&M 01352-542000 Employee Benefits-Fixed 769 807 848 890 935 981 1,031 1,082 1,136 1,193 1,253 214 O&M 01352-543700 Fees & Permits 1,386$ 1,455 1,521 1,582 1,637 1,686 1,737 1,789 1,842 1,898 1,955 215 O&M 01352-551300 Small Tools & Implements 990$ 1,040 1,086 1,130 1,169 1,204 1,240 1,278 1,316 1,356 1,396 216 Total WPC Laboratory Operations 469,283$ 498,145 527,037 555,271 581,525 608,517 636,797 666,427 697,471 730,000 764,085 Industrial Pretreatment Pl217PS01353-510100 Full Time Salaries & Wages 311,122$ 325,122 343,004 361,869 379,963 398,961 418,909 439,855 461,847 484,940 509,187 218 PS 01353-510400 Special Pay 13,395$ 13,998 14,768 15,580 16,359 17,177 18,036 18,937 19,884 20,879 21,922 219 PS 01353-510500 Overtime 4,500$ 4,703 4,961 5,234 5,496 5,770 6,059 6,362 6,680 7,014 7,365 220 PS 01353-520100 Life Ins $2500 Empl & Pens 10$ 11 12 12 13 14 14 15 16 17 17 221 PS 01353-520300 Samp Life Insurance 273$ 300 321 337 354 372 391 410 431 452 475 222 PS 01353-520400 Major Medical Ins-Emp 68,566$ 75,423 80,702 84,737 88,974 93,423 98,094 102,999 108,149 113,556 119,234 223 PS 01353-520600 Social Security-Employee 4,565$ 4,770 5,033 5,310 5,575 5,854 6,147 6,454 6,777 7,115 7,471 224 PS 01353-520700 Emp Pension Plan 20,174$ 22,348 28,112 32,528 34,154 35,862 37,655 39,538 41,515 43,591 45,770 225 PS 01353-520900 Workers Compensation 1,770$ 1,850 1,951 2,059 2,162 2,270 2,383 2,502 2,627 2,759 2,897 226 PS 01353-522000 CWA Life 1,005$ 1,106 1,183 1,242 1,304 1,369 1,438 1,510 1,585 1,664 1,748 227 O&M 01353-530100 Professional Services 148,000$ 155,400 162,393 168,889 174,800 180,044 185,445 191,008 196,739 202,641 208,720 228 O&M 01353-530300 Other Contractual Serv 52,420$ 55,041 57,518 59,819 61,912 63,770 65,683 67,653 69,683 71,773 73,926 229 O&M 01353-542500 Postage 250$ 263 274 285 295 304 313 323 332 342 353 230 O&M 01353-542800 Interfd Other Serv Chgs 26,860$ 28,203 29,613 31,094 32,648 34,281 35,995 37,795 39,684 41,669 43,752 231 O&M 01353-542900 Interfd Admin Service Chg 104,150$ 109,358 114,825 120,567 126,595 132,925 139,571 146,550 153,877 161,571 169,649 232 O&M 01353-543100 Advertising 500$ 525 549 571 591 608 627 645 665 685 705 233 O&M 01353-543200 Other Promotion Activity 10,000$ 10,500 10,973 11,411 11,811 12,165 12,530 12,906 13,293 13,692 14,103 234 O&M 01353-543400 Printing & Binding 1,000$ 1,050 1,097 1,141 1,181 1,217 1,253 1,291 1,329 1,369 1,410 235 O&M 01353-544100 Equipt Rental 250$ 263 274 285 295 304 313 323 332 342 353 236 O&M 01353-544600 Uniform Rental 4,000$ 4,200 4,389 4,565 4,724 4,866 5,012 5,162 5,317 5,477 5,641 237 O&M 01353-545100 Insurance 8,450$ 8,873 9,272 9,643 9,980 10,280 10,588 10,906 11,233 11,570 11,917 238 O&M 01353-546200 Other Equip Svc & Repair 2,500$ 2,625 2,743 2,853 2,953 3,041 3,133 3,226 3,323 3,423 3,526 239 O&M 01353-547100 Uniforms-Employee 1,800$ 1,890 1,975 2,054 2,126 2,190 2,255 2,323 2,393 2,465 2,538 240 O&M 01353-547200 Travel Expense-Emp 3,890$ 4,085 4,268 4,439 4,594 4,732 4,874 5,020 5,171 5,326 5,486 241 O&M 01353-547300 Mileage Reimbursement 200$ 210 219 228 236 243 251 258 266 274 282 242 O&M 01353-547400 Meals-Employee 200$ 210 219 228 236 243 251 258 266 274 282 243 O&M 01353-548000 Other Services Or Charges 200$ 210 219 228 236 243 251 258 266 274 282 244 O&M 01353-550100 Office Supplies 500$ 525 549 571 591 608 627 645 665 685 705 245 O&M 01353-550400 Operating Supplies & Matls 10,000$ 10,500 10,973 11,411 11,811 12,165 12,530 12,906 13,293 13,692 14,103 246 O&M 01353-551000 Lab Chem Supplies 800$ 840 878 913 945 973 1,002 1,032 1,063 1,095 1,128 247 O&M 01353-551500 Medical Supplies 200$ 210 219 228 236 243 251 258 266 274 282 248 O&M 01353-552500 $1,000-$4,999 Mach & Equip 2,000$ 2,100 2,195 2,282 2,362 2,433 2,506 2,581 2,659 2,738 2,821 249 O&M 01353-557100 Memberships/Subs/Lic Emp 1,230$ 1,292 1,350 1,404 1,453 1,496 1,541 1,587 1,635 1,684 1,735 250 O&M 01353-557300 Training & Ref Employee 5,320$ 5,586 5,837 6,071 6,283 6,472 6,666 6,866 7,072 7,284 7,503 251 O&M 01353-540100 Garage Services 16,550$ 17,378 18,246 19,159 20,117 21,122 22,179 23,288 24,452 25,674 26,958 252 O&M 01353-540300 Telephone Service Variable 3,950$ 4,148 4,355 4,573 4,801 5,041 5,293 5,558 5,836 6,128 6,434 253 O&M 01353-540500 Radio Svc-Fixed 1,390$ 1,460 1,532 1,609 1,690 1,774 1,863 1,956 2,054 2,156 2,264 254 O&M 01353-540600 Telephone Svc Fixed 2,340$ 2,457 2,580 2,709 2,844 2,986 3,136 3,293 3,457 3,630 3,812 255 O&M 01353-540700 Postal Service 150$ 158 165 174 182 191 201 211 222 233 244 256 O&M 01353-540900 Risk Mgmt Service 1,360$ 1,428 1,499 1,574 1,653 1,736 1,823 1,914 2,009 2,110 2,215 257 O&M 01353-541000 Info Technology Charge 55,370$ 58,139 61,045 64,098 67,303 70,668 74,201 77,911 81,807 85,897 90,192 258 O&M 01353-541500 Garage Variable 500$ 525 551 579 608 638 670 704 739 776 814 259 O&M 01353-542000 Employee Benefits-Fixed 1,550$ 1,628 1,709 1,794 1,884 1,978 2,077 2,181 2,290 2,405 2,525 260 O&M 01353-551300 Small Tools & Implements 2,000$ 2,100 2,195 2,282 2,362 2,433 2,506 2,581 2,659 2,738 2,821 261 Total Industrial Pretreatment Pl 895,260$ 943,005 996,747 1,048,638 1,096,693 1,145,488 1,196,540 1,249,959 1,305,857 1,364,351 1,425,567 WET Marshall Street Plant 262 PS 01354-510100 Full Time Salaries & Wages 707,200$ 739,024 779,670 822,552 863,680 906,864 952,207 999,817 1,049,808 1,102,299 1,157,414 263 PS 01354-510400 Special Pay 39,565$ 41,345 43,619 46,018 48,319 50,735 53,272 55,936 58,733 61,669 64,753 264 PS 01354-510500 Overtime 60,000$ 62,700 66,149 69,787 73,276 76,940 80,787 84,826 89,067 93,521 98,197 265 PS 01354-520400 Major Medical Ins-Emp 148,159$ 162,975 174,383 183,102 192,257 201,870 211,964 222,562 233,690 245,375 257,643 City of Clearwater | FY 2022 Water, Sewer, and Reclaimed Water Revenue Sufficiency Analysis Stantec | 9 Appendix: Supporting Financial Schedules Projection of Cash Outflows Schedule 4 Code Expense Line Item 1 A FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 266 PS 01354-520600 Social Security-Employee 11,342$ 11,852 12,504 13,192 13,852 14,544 15,271 16,035 16,837 17,679 18,562 267 PS 01354-520700 Emp Pension Plan 46,751$ 54,800 68,931 79,760 83,748 87,936 92,333 96,949 101,797 106,887 112,231 268 PS 01354-520900 Workers Compensation 11,710$ 12,237 12,910 13,620 14,301 15,016 15,767 16,555 17,383 18,252 19,165 269 PS 01354-522000 CWA Life 2,589$ 2,848 3,047 3,200 3,360 3,528 3,704 3,889 4,084 4,288 4,502 270 O&M 01354-530100 Professional Services 90,000$ 94,500 98,753 102,703 106,297 109,486 112,771 116,154 119,638 123,228 126,924 271 O&M 01354-530300 Other Contractual Serv 363,600$ 381,780 398,960 414,919 429,441 442,324 455,594 469,261 483,339 497,839 512,775 272 O&M 01354-542200 Elec-Util Charges 575,000$ 603,750 630,919 656,156 679,121 699,495 720,479 742,094 764,357 787,287 810,906 273 O&M 01354-542300 Gas,Water & Sanitation Utl 120,000$ 126,000 131,670 136,937 141,730 145,981 150,361 154,872 159,518 164,303 169,233 274 O&M 01354-542500 Postage 750$ 788 823 856 886 912 940 968 997 1,027 1,058 275 O&M 01354-542800 Interfd Other Serv Chgs 59,280$ 62,244 65,356 68,624 72,055 75,658 79,441 83,413 87,584 91,963 96,561 276 O&M 01354-542900 Interfd Admin Service Chg 225,660$ 236,943 248,790 261,230 274,291 288,006 302,406 317,526 333,403 350,073 367,576 277 O&M 01354-543100 Advertising 500$ 525 549 571 591 608 627 645 665 685 705 278 O&M 01354-543400 Printing & Binding 500$ 525 549 571 591 608 627 645 665 685 705 279 O&M 01354-543500 Dump Fee 1,000$ 1,050 1,097 1,141 1,181 1,217 1,253 1,291 1,329 1,369 1,410 280 O&M 01354-544100 Equipt Rental 75,000$ 78,750 82,294 85,586 88,581 91,238 93,976 96,795 99,699 102,690 105,770 281 O&M 01354-544600 Uniform Rental 9,000$ 9,450 9,875 10,270 10,630 10,949 11,277 11,615 11,964 12,323 12,692 282 O&M 01354-545100 Insurance 94,590$ 99,320 103,789 107,940 111,718 115,070 118,522 122,078 125,740 129,512 133,398 283 O&M 01354-546100 Ofc Equip Svc & Repair 250$ 263 274 285 295 304 313 323 332 342 353 284 O&M 01354-546200 Other Equip Svc & Repair 313,380$ 329,049 343,856 357,610 370,127 381,231 392,668 404,448 416,581 429,078 441,951 285 O&M 01354-547100 Uniforms-Employee 2,500$ 2,625 2,743 2,853 2,953 3,041 3,133 3,226 3,323 3,423 3,526 286 O&M 01354-547200 Travel Expense-Emp 1,000$ 1,050 1,097 1,141 1,181 1,217 1,253 1,291 1,329 1,369 1,410 287 O&M 01354-547300 Mileage Reimbursement 200$ 210 219 228 236 243 251 258 266 274 282 288 O&M 01354-547400 Meals-Employee 1,000$ 1,050 1,097 1,141 1,181 1,217 1,253 1,291 1,329 1,369 1,410 289 O&M 01354-548000 Other Services Or Charges 500$ 525 549 571 591 608 627 645 665 685 705 290 O&M 01354-550100 Office Supplies 1,000$ 1,050 1,097 1,141 1,181 1,217 1,253 1,291 1,329 1,369 1,410 291 O&M 01354-550400 Operating Supplies & Matls 1,000,000$ 1,050,000 1,097,250 1,141,140 1,181,080 1,216,512 1,253,008 1,290,598 1,329,316 1,369,195 1,410,271 292 O&M 01354-551000 Lab Chem Supplies 100,000$ 105,000 109,725 114,114 118,108 121,651 125,301 129,060 132,932 136,920 141,027 293 O&M 01354-551500 Medical Supplies 100$ 105 110 114 118 122 125 129 133 137 141 294 O&M 01354-552500 $1,000-$4,999 Mach & Equip 2,000$ 2,100 2,195 2,282 2,362 2,433 2,506 2,581 2,659 2,738 2,821 295 O&M 01354-557100 Memberships/Subs/Lic Emp 1,960$ 2,058 2,151 2,237 2,315 2,384 2,456 2,530 2,605 2,684 2,764 296 O&M 01354-557300 Training & Ref Employee 7,800$ 8,190 8,559 8,901 9,212 9,489 9,773 10,067 10,369 10,680 11,000 297 O&M 01354-540100 Garage Services 39,560$ 41,538 43,615 45,796 48,085 50,490 53,014 55,665 58,448 61,371 64,439 298 O&M 01354-540300 Telephone Service Variable 1,000$ 1,050 1,103 1,158 1,216 1,276 1,340 1,407 1,477 1,551 1,629 299 O&M 01354-540500 Radio Svc-Fixed 2,080$ 2,184 2,293 2,408 2,528 2,655 2,787 2,927 3,073 3,227 3,388 300 O&M 01354-540700 Postal Service 100$ 105 110 116 122 128 134 141 148 155 163 301 O&M 01354-540900 Risk Mgmt Service 2,950$ 3,098 3,252 3,415 3,586 3,765 3,953 4,151 4,358 4,576 4,805 302 O&M 01354-541000 Info Technology Charge 68,450$ 71,873 75,466 79,239 83,201 87,361 91,730 96,316 101,132 106,188 111,498 303 O&M 01354-541100 Bldg & Maint Dept Svc Fx 180,040$ 189,042 198,494 208,419 218,840 229,782 241,271 253,334 266,001 279,301 293,266 304 O&M 01354-541200 Custodial Service 21,650$ 22,733 23,869 25,063 26,316 27,631 29,013 30,464 31,987 33,586 35,266 305 O&M 01354-541500 Garage Variable 500$ 525 551 579 608 638 670 704 739 776 814 306 O&M 01354-541600 Bldg & Maint-Variable 17,530$ 18,407 19,327 20,293 21,308 22,373 23,492 24,666 25,900 27,195 28,555 307 O&M 01354-542000 Employee Benefits-Fixed 3,360$ 3,528 3,704 3,890 4,084 4,288 4,503 4,728 4,964 5,212 5,473 308 O&M 01354-530400 Lot Mowing 9,200$ 9,660 10,095 10,498 10,866 11,192 11,528 11,874 12,230 12,597 12,974 309 O&M 01354-543700 Fees & Permits 7,800$ 8,190 8,559 8,901 9,212 9,489 9,773 10,067 10,369 10,680 11,000 310 O&M 01354-551300 Small Tools & Implements 1,500$ 1,575 1,646 1,712 1,772 1,825 1,880 1,936 1,994 2,054 2,115 311 O&M 01354-551700 Bulk Chemicals 600,000$ 630,000 658,350 684,684 708,648 729,907 751,805 774,359 797,589 821,517 846,163 312 Total WET Marshall Street Plant 5,029,606$ 5,290,186 5,555,993 5,808,661 6,041,236 6,263,454 6,494,387 6,734,400 6,983,872 7,243,201 7,512,800 WET Northeast Plant313PS01355-510100 Full Time Salaries & Wages 667,518$ 697,556 735,922 776,398 815,217 855,978 898,777 943,716 990,902 1,040,447 1,092,469 314 PS 01355-510400 Special Pay 43,465$ 45,421 47,919 50,555 53,082 55,736 58,523 61,449 64,522 67,748 71,135 315 PS 01355-510500 Overtime 75,000$ 78,375 82,686 87,233 91,595 96,175 100,983 106,033 111,334 116,901 122,746 316 PS 01355-520400 Major Medical Ins-Emp 128,207$ 141,028 150,900 158,445 166,367 174,685 183,419 192,590 202,220 212,331 222,947 317 PS 01355-520600 Social Security-Employee 11,157$ 11,659 12,300 12,977 13,626 14,307 15,022 15,773 16,562 17,390 18,260 318 PS 01355-520700 Emp Pension Plan 45,621$ 53,388 67,156 77,706 81,591 85,671 89,954 94,452 99,174 104,133 109,340 319 PS 01355-520900 Workers Compensation 11,710$ 12,237 12,910 13,620 14,301 15,016 15,767 16,555 17,383 18,252 19,165 320 PS 01355-522000 CWA Life 2,573$ 2,830 3,028 3,180 3,339 3,506 3,681 3,865 4,058 4,261 4,474 321 O&M 01355-530100 Professional Services 92,000$ 96,600 100,947 104,985 108,659 111,919 115,277 118,735 122,297 125,966 129,745 322 O&M 01355-530300 Other Contractual Serv 630,600$ 662,130 691,926 719,603 744,789 767,133 790,147 813,851 838,267 863,415 889,317 323 O&M 01355-542200 Elec-Util Charges 700,000$ 735,000 768,075 798,798 826,756 851,559 877,105 903,419 930,521 958,437 987,190 324 O&M 01355-542300 Gas,Water & Sanitation Utl 250,000$ 262,500 274,313 285,285 295,270 304,128 313,252 322,649 332,329 342,299 352,568 325 O&M 01355-542500 Postage 500$ 525 549 571 591 608 627 645 665 685 705 326 O&M 01355-542800 Interfd Other Serv Chgs 58,190$ 61,100 64,154 67,362 70,730 74,267 77,980 81,879 85,973 90,272 94,785 327 O&M 01355-542900 Interfd Admin Service Chg 225,660$ 236,943 248,790 261,230 274,291 288,006 302,406 317,526 333,403 350,073 367,576 328 O&M 01355-543100 Advertising 500$ 525 549 571 591 608 627 645 665 685 705 329 O&M 01355-543400 Printing & Binding 500$ 525 549 571 591 608 627 645 665 685 705 330 O&M 01355-543500 Dump Fee 2,000$ 2,100 2,195 2,282 2,362 2,433 2,506 2,581 2,659 2,738 2,821 331 O&M 01355-544100 Equipt Rental 150,000$ 157,500 164,588 171,171 177,162 182,477 187,951 193,590 199,397 205,379 211,541 332 O&M 01355-544600 Uniform Rental 12,500$ 13,125 13,716 14,264 14,763 15,206 15,663 16,132 16,616 17,115 17,628 333 O&M 01355-545100 Insurance 123,750$ 129,938 135,785 141,216 146,159 150,543 155,060 159,711 164,503 169,438 174,521 334 O&M 01355-546100 Ofc Equip Svc & Repair 500$ 525 549 571 591 608 627 645 665 685 705 City of Clearwater | FY 2022 Water, Sewer, and Reclaimed Water Revenue Sufficiency Analysis Stantec | 10 Appendix: Supporting Financial Schedules Projection of Cash Outflows Schedule 4 Code Expense Line Item 1 A FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 335 O&M 01355-546200 Other Equip Svc & Repair 500,000$ 525,000 548,625 570,570 590,540 608,256 626,504 645,299 664,658 684,598 705,136 336 O&M 01355-547100 Uniforms-Employee 3,500$ 3,675 3,840 3,994 4,134 4,258 4,386 4,517 4,653 4,792 4,936 337 O&M 01355-547200 Travel Expense-Emp 1,000$ 1,050 1,097 1,141 1,181 1,217 1,253 1,291 1,329 1,369 1,410 338 O&M 01355-547300 Mileage Reimbursement 200$ 210 219 228 236 243 251 258 266 274 282 339 O&M 01355-547400 Meals-Employee 1,000$ 1,050 1,097 1,141 1,181 1,217 1,253 1,291 1,329 1,369 1,410 340 O&M 01355-548000 Other Services Or Charges 200$ 210 219 228 236 243 251 258 266 274 282 341 O&M 01355-550100 Office Supplies 2,500$ 2,625 2,743 2,853 2,953 3,041 3,133 3,226 3,323 3,423 3,526 342 O&M 01355-550400 Operating Supplies & Matls 624,000$ 655,200 684,684 712,071 736,994 759,104 781,877 805,333 829,493 854,378 880,009 343 O&M 01355-551000 Lab Chem Supplies 100,000$ 105,000 109,725 114,114 118,108 121,651 125,301 129,060 132,932 136,920 141,027 344 O&M 01355-551500 Medical Supplies 100$ 105 110 114 118 122 125 129 133 137 141 345 O&M 01355-552500 $1,000-$4,999 Mach & Equip 2,000$ 2,100 2,195 2,282 2,362 2,433 2,506 2,581 2,659 2,738 2,821 346 O&M 01355-557100 Memberships/Subs/Lic Emp 1,970$ 2,069 2,162 2,248 2,327 2,397 2,468 2,542 2,619 2,697 2,778 347 O&M 01355-557300 Training & Ref Employee 7,915$ 8,311 8,685 9,032 9,348 9,629 9,918 10,215 10,522 10,837 11,162 348 O&M 01355-540100 Garage Services 72,580$ 76,209 80,019 84,020 88,221 92,633 97,264 102,127 107,234 112,595 118,225 349 O&M 01355-540300 Telephone Service Variable 1,000$ 1,050 1,103 1,158 1,216 1,276 1,340 1,407 1,477 1,551 1,629 350 O&M 01355-540500 Radio Svc-Fixed 2,780$ 2,919 3,065 3,218 3,379 3,548 3,725 3,912 4,107 4,313 4,528 351 O&M 01355-540700 Postal Service 100$ 105 110 116 122 128 134 141 148 155 163 352 O&M 01355-540900 Risk Mgmt Service 2,950$ 3,098 3,252 3,415 3,586 3,765 3,953 4,151 4,358 4,576 4,805 353 O&M 01355-541000 Info Technology Charge 75,200$ 78,960 82,908 87,053 91,406 95,976 100,775 105,814 111,105 116,660 122,493 354 O&M 01355-541100 Bldg & Maint Dept Svc Fx 194,340$ 204,057 214,260 224,973 236,221 248,033 260,434 273,456 287,129 301,485 316,559 355 O&M 01355-541200 Custodial Service 11,370$ 11,939 12,535 13,162 13,820 14,511 15,237 15,999 16,799 17,639 18,521 356 O&M 01355-541500 Garage Variable 2,600$ 2,730 2,867 3,010 3,160 3,318 3,484 3,658 3,841 4,033 4,235 357 O&M 01355-541600 Bldg & Maint-Variable 23,430$ 24,602 25,832 27,123 28,479 29,903 31,398 32,968 34,617 36,348 38,165 358 O&M 01355-542000 Employee Benefits-Fixed 3,360$ 3,528 3,704 3,890 4,084 4,288 4,503 4,728 4,964 5,212 5,473 359 O&M 01355-530400 Lot Mowing 12,000$ 12,600 13,167 13,694 14,173 14,598 15,036 15,487 15,952 16,430 16,923 360 O&M 01355-543700 Fees & Permits 7,450$ 7,823 8,175 8,501 8,799 9,063 9,335 9,615 9,903 10,201 10,507 361 O&M 01355-551300 Small Tools & Implements 1,500$ 1,575 1,646 1,712 1,772 1,825 1,880 1,936 1,994 2,054 2,115 362 O&M 01355-551700 Bulk Chemicals 692,500$ 727,125 759,846 790,239 817,898 842,435 867,708 893,739 920,551 948,168 976,613 363 Total WET Northeast Plant 5,579,496$ 5,866,451 6,157,392 6,433,893 6,688,477 6,930,288 7,181,411 7,442,229 7,713,140 7,994,560 8,286,924 WET East Plant 364 PS 01356-510100 Full Time Salaries & Wages 525,438$ 549,083 579,282 611,143 641,700 673,785 707,474 742,848 779,990 818,990 859,939 365 PS 01356-510400 Special Pay 27,865$ 29,119 30,720 32,410 34,031 35,732 37,519 39,395 41,364 43,433 45,604 366 PS 01356-510500 Overtime 110,000$ 114,950 121,272 127,942 134,339 141,056 148,109 155,515 163,290 171,455 180,028 367 PS 01356-520400 Major Medical Ins-Emp 107,335$ 118,069 126,333 132,650 139,282 146,247 153,559 161,237 169,299 177,764 186,652 368 PS 01356-520600 Social Security-Employee 9,308$ 9,727 10,262 10,826 11,368 11,936 12,533 13,159 13,817 14,508 15,234 369 PS 01356-520700 Emp Pension Plan 38,784$ 45,055 56,674 65,577 68,856 72,299 75,914 79,709 83,695 87,880 92,274 370 PS 01356-520900 Workers Compensation 9,010$ 9,415 9,933 10,480 11,004 11,554 12,131 12,738 13,375 14,044 14,746 371 PS 01356-522000 CWA Life 1,950$ 2,145 2,295 2,410 2,530 2,657 2,790 2,929 3,076 3,230 3,391 372 O&M 01356-530100 Professional Services 85,000$ 89,250 93,266 96,997 100,392 103,404 106,506 109,701 112,992 116,382 119,873 373 O&M 01356-530300 Other Contractual Serv 226,100$ 237,405 248,088 258,012 267,042 275,053 283,305 291,804 300,558 309,575 318,862 374 O&M 01356-542200 Elec-Util Charges 240,000$ 252,000 263,340 273,874 283,459 291,963 300,722 309,743 319,036 328,607 338,465 375 O&M 01356-542300 Gas,Water & Sanitation Utl 32,000$ 33,600 35,112 36,516 37,795 38,928 40,096 41,299 42,538 43,814 45,129 376 O&M 01356-542500 Postage 300$ 315 329 342 354 365 376 387 399 411 423 377 O&M 01356-542800 Interfd Other Serv Chgs 44,750$ 46,988 49,337 51,804 54,394 57,114 59,969 62,968 66,116 69,422 72,893 378 O&M 01356-542900 Interfd Admin Service Chg 173,590$ 182,270 191,383 200,952 211,000 221,550 232,627 244,259 256,471 269,295 282,760 379 O&M 01356-543100 Advertising 500$ 525 549 571 591 608 627 645 665 685 705 380 O&M 01356-543400 Printing & Binding 500$ 525 549 571 591 608 627 645 665 685 705 381 O&M 01356-543500 Dump Fee 1,000$ 1,050 1,097 1,141 1,181 1,217 1,253 1,291 1,329 1,369 1,410 382 O&M 01356-544100 Equipt Rental 35,350$ 37,118 38,788 40,339 41,751 43,004 44,294 45,623 46,991 48,401 49,853 383 O&M 01356-544600 Uniform Rental 6,000$ 6,300 6,584 6,847 7,086 7,299 7,518 7,744 7,976 8,215 8,462 384 O&M 01356-545100 Insurance 37,350$ 39,218 40,982 42,622 44,113 45,437 46,800 48,204 49,650 51,139 52,674 385 O&M 01356-546100 Ofc Equip Svc & Repair 250$ 263 274 285 295 304 313 323 332 342 353 386 O&M 01356-546200 Other Equip Svc & Repair 150,000$ 157,500 164,588 171,171 177,162 182,477 187,951 193,590 199,397 205,379 211,541 387 O&M 01356-547100 Uniforms-Employee 2,000$ 2,100 2,195 2,282 2,362 2,433 2,506 2,581 2,659 2,738 2,821 388 O&M 01356-547200 Travel Expense-Emp 1,000$ 1,050 1,097 1,141 1,181 1,217 1,253 1,291 1,329 1,369 1,410 389 O&M 01356-547300 Mileage Reimbursement 200$ 210 219 228 236 243 251 258 266 274 282 390 O&M 01356-547400 Meals-Employee 2,500$ 2,625 2,743 2,853 2,953 3,041 3,133 3,226 3,323 3,423 3,526 391 O&M 01356-548000 Other Services Or Charges 200$ 210 219 228 236 243 251 258 266 274 282 392 O&M 01356-550100 Office Supplies 2,000$ 2,100 2,195 2,282 2,362 2,433 2,506 2,581 2,659 2,738 2,821 393 O&M 01356-550400 Operating Supplies & Matls 470,000$ 493,500 515,708 536,336 555,108 571,761 588,914 606,581 624,778 643,522 662,827 394 O&M 01356-551000 Lab Chem Supplies 80,000$ 84,000 87,780 91,291 94,486 97,321 100,241 103,248 106,345 109,536 112,822 395 O&M 01356-551500 Medical Supplies 200$ 210 219 228 236 243 251 258 266 274 282 396 O&M 01356-552500 $1,000-$4,999 Mach & Equip 2,000$ 2,100 2,195 2,282 2,362 2,433 2,506 2,581 2,659 2,738 2,821 397 O&M 01356-557100 Memberships/Subs/Lic Emp 1,890$ 1,985 2,074 2,157 2,232 2,299 2,368 2,439 2,512 2,588 2,665 398 O&M 01356-557300 Training & Ref Employee 7,525$ 7,901 8,257 8,587 8,888 9,154 9,429 9,712 10,003 10,303 10,612 399 O&M 01356-540100 Garage Services 27,240$ 28,602 30,032 31,534 33,110 34,766 36,504 38,329 40,246 42,258 44,371 400 O&M 01356-540300 Telephone Service Variable 1,000$ 1,050 1,103 1,158 1,216 1,276 1,340 1,407 1,477 1,551 1,629 401 O&M 01356-540500 Radio Svc-Fixed 690$ 725 761 799 839 881 925 971 1,019 1,070 1,124 402 O&M 01356-540700 Postal Service 100$ 105 110 116 122 128 134 141 148 155 163 City of Clearwater | FY 2022 Water, Sewer, and Reclaimed Water Revenue Sufficiency Analysis Stantec | 11 Appendix: Supporting Financial Schedules Projection of Cash Outflows Schedule 4 Code Expense Line Item 1 A FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 403 O&M 01356-540900 Risk Mgmt Service 2,270$ 2,384 2,503 2,628 2,759 2,897 3,042 3,194 3,354 3,522 3,698 404 O&M 01356-541000 Info Technology Charge 47,940$ 50,337 52,854 55,497 58,271 61,185 64,244 67,456 70,829 74,371 78,089 405 O&M 01356-541100 Bldg & Maint Dept Svc Fx 67,810$ 71,201 74,761 78,499 82,423 86,545 90,872 95,415 100,186 105,196 110,455 406 O&M 01356-541200 Custodial Service 5,200$ 5,460 5,733 6,020 6,321 6,637 6,968 7,317 7,683 8,067 8,470 407 O&M 01356-541500 Garage Variable 500$ 525 551 579 608 638 670 704 739 776 814 408 O&M 01356-541600 Bldg & Maint-Variable 22,220$ 23,331 24,498 25,722 27,009 28,359 29,777 31,266 32,829 34,471 36,194 409 O&M 01356-542000 Employee Benefits-Fixed 2,580$ 2,709 2,844 2,987 3,136 3,293 3,457 3,630 3,812 4,002 4,203 410 O&M 01356-530400 Lot Mowing 5,500$ 5,775 6,035 6,276 6,496 6,691 6,892 7,098 7,311 7,531 7,756 411 O&M 01356-543700 Fees & Permits 6,550$ 6,878 7,187 7,474 7,736 7,968 8,207 8,453 8,707 8,968 9,237 412 O&M 01356-551300 Small Tools & Implements 1,500$ 1,575 1,646 1,712 1,772 1,825 1,880 1,936 1,994 2,054 2,115 413 O&M 01356-551700 Bulk Chemicals 300,000$ 315,000 329,175 342,342 354,324 364,954 375,902 387,179 398,795 410,759 423,081 414 Total WET East Plant 2,922,995$ 3,075,533 3,235,730 3,388,718 3,529,099 3,665,459 3,807,433 3,955,267 4,109,217 4,269,550 4,436,545 Water Distribution 415 PS 02051-510100 Full Time Salaries & Wages 1,839,013$ 1,921,769 2,027,466 2,138,976 2,245,925 2,358,222 2,476,133 2,599,939 2,729,936 2,866,433 3,009,755 416 PS 02051-510400 Special Pay 59,290$ 61,958 65,366 68,961 72,409 76,029 79,831 83,822 88,013 92,414 97,035 417 PS 02051-510500 Overtime 90,000$ 94,050 99,223 104,680 109,914 115,410 121,180 127,239 133,601 140,281 147,295 418 PS 02051-520100 Life Ins $2500 Empl & Pens 20$ 22 24 25 26 27 29 30 32 33 35 419 PS 02051-520300 Samp Life Insurance 708$ 779 833 875 919 965 1,013 1,064 1,117 1,173 1,231 420 PS 02051-520400 Major Medical Ins-Emp 437,607$ 481,368 515,063 540,817 567,857 596,250 626,063 657,366 690,234 724,746 760,983 421 PS 02051-520600 Social Security-Employee 24,994$ 26,119 27,555 29,071 30,524 32,051 33,653 35,336 37,103 38,958 40,906 422 PS 02051-520700 Emp Pension Plan 121,822$ 135,055 169,884 196,572 206,401 216,721 227,557 238,935 250,882 263,426 276,597 423 PS 02051-520900 Workers Compensation 19,310$ 20,179 21,289 22,460 23,583 24,762 26,000 27,300 28,665 30,098 31,603 424 PS 02051-522000 CWA Life 7,124$ 7,836 8,385 8,804 9,244 9,707 10,192 10,702 11,237 11,798 12,388 425 O&M 02051-530100 Professional Services 30,000$ 31,500 32,918 34,234 35,432 36,495 37,590 38,718 39,879 41,076 42,308 426 O&M 02051-530300 Other Contractual Serv 19,300$ 20,265 21,177 22,024 22,795 23,479 24,183 24,909 25,656 26,425 27,218 427 O&M 02051-542100 Telephone-Util Chgs 4,000$ 4,200 4,389 4,565 4,724 4,866 5,012 5,162 5,317 5,477 5,641 428 O&M 02051-542500 Postage 200$ 210 219 228 236 243 251 258 266 274 282 429 O&M 02051-542700 Interfd Svc Chg-Other Fund 89,190$ 93,650 98,332 103,249 108,411 113,832 119,523 125,499 131,774 138,363 145,281 430 O&M 02051-542800 Interfd Other Serv Chgs 323,670$ 339,854 356,846 374,688 393,423 413,094 433,749 455,436 478,208 502,118 527,224 431 O&M 02051-542900 Interfd Admin Service Chg 659,600$ 692,580 727,209 763,569 801,748 841,835 883,927 928,123 974,530 1,023,256 1,074,419 432 O&M 02051-543100 Advertising 1,500$ 1,575 1,646 1,712 1,772 1,825 1,880 1,936 1,994 2,054 2,115 433 O&M 02051-543200 Other Promotion Activity 35,000$ 36,750 38,404 39,940 41,338 42,578 43,855 45,171 46,526 47,922 49,359 434 O&M 02051-543400 Printing & Binding 1,000$ 1,050 1,097 1,141 1,181 1,217 1,253 1,291 1,329 1,369 1,410 435 O&M 02051-544100 Equipt Rental 5,000$ 5,250 5,486 5,706 5,905 6,083 6,265 6,453 6,647 6,846 7,051 436 O&M 02051-544600 Uniform Rental 25,000$ 26,250 27,431 28,529 29,527 30,413 31,325 32,265 33,233 34,230 35,257 437 O&M 02051-545100 Insurance 214,200$ 224,910 235,031 244,432 252,987 260,577 268,394 276,446 284,739 293,282 302,080 438 O&M 02051-546200 Other Equip Svc & Repair 15,000$ 15,750 16,459 17,117 17,716 18,248 18,795 19,359 19,940 20,538 21,154 439 O&M 02051-546900 R & R Infrastructure 100,000$ 105,000 109,725 114,114 118,108 121,651 125,301 129,060 132,932 136,920 141,027 440 O&M 02051-547100 Uniforms-Employee 11,400$ 11,970 12,509 13,009 13,464 13,868 14,284 14,713 15,154 15,609 16,077 441 O&M 02051-547200 Travel Expense-Emp 7,500$ 7,875 8,229 8,559 8,858 9,124 9,398 9,679 9,970 10,269 10,577 442 O&M 02051-547300 Mileage Reimbursement 500$ 525 549 571 591 608 627 645 665 685 705 443 O&M 02051-547400 Meals-Employee 2,500$ 2,625 2,743 2,853 2,953 3,041 3,133 3,226 3,323 3,423 3,526 444 O&M 02051-548000 Other Services Or Charges 200$ 210 219 228 236 243 251 258 266 274 282 445 O&M 02051-550100 Office Supplies 6,000$ 6,300 6,584 6,847 7,086 7,299 7,518 7,744 7,976 8,215 8,462 446 O&M 02051-550400 Operating Supplies & Matls 735,000$ 771,750 806,479 838,738 868,094 894,137 920,961 948,589 977,047 1,006,359 1,036,549 447 O&M 02051-551500 Medical Supplies 500$ 525 549 571 591 608 627 645 665 685 705 448 O&M 02051-557100 Memberships/Subs/Lic Emp 11,240$ 11,802 12,333 12,826 13,275 13,674 14,084 14,506 14,942 15,390 15,851 449 O&M 02051-557300 Training & Ref Employee 33,751$ 35,439 37,033 38,515 39,863 41,059 42,290 43,559 44,866 46,212 47,598 450 O&M 02051-540100 Garage Services 450,140$ 472,647 496,279 521,093 547,148 574,505 603,231 633,392 665,062 698,315 733,231 451 O&M 02051-540300 Telephone Service Variable 9,330$ 9,797 10,286 10,801 11,341 11,908 12,503 13,128 13,785 14,474 15,198 452 O&M 02051-540400 Messenger Service 1,230$ 1,292 1,356 1,424 1,495 1,570 1,648 1,731 1,817 1,908 2,004 453 O&M 02051-540500 Radio Svc-Fixed 25,450$ 26,723 28,059 29,462 30,935 32,481 34,105 35,811 37,601 39,481 41,455 454 O&M 02051-540600 Telephone Svc Fixed 5,610$ 5,891 6,185 6,494 6,819 7,160 7,518 7,894 8,289 8,703 9,138 455 O&M 02051-540700 Postal Service 100$ 105 110 116 122 128 134 141 148 155 163 456 O&M 02051-540900 Risk Mgmt Service 8,610$ 9,041 9,493 9,967 10,466 10,989 11,538 12,115 12,721 13,357 14,025 457 O&M 02051-541000 Info Technology Charge 186,470$ 195,794 205,583 215,862 226,655 237,988 249,888 262,382 275,501 289,276 303,740 458 O&M 02051-541500 Garage Variable 8,000$ 8,400 8,820 9,261 9,724 10,210 10,721 11,257 11,820 12,411 13,031 459 O&M 02051-541600 Bldg & Maint-Variable 80$ 84 88 93 97 102 107 113 118 124 130 460 O&M 02051-541800 Administrative Charge 991,770$ 1,041,359 1,093,426 1,148,098 1,205,503 1,265,778 1,329,067 1,395,520 1,465,296 1,538,561 1,615,489 461 O&M 02051-542000 Employee Benefits-Fixed 9,820$ 10,311 10,827 11,368 11,936 12,533 13,160 13,818 14,509 15,234 15,996 462 CO 02051-564000 >$5,000 Machinery & Equip 25,000$ 26,250 27,431 28,529 29,527 30,413 31,325 32,265 33,233 34,230 35,257 463 CO 02051-591000 Contrib To Garage Fund 31,000$ 32,550 34,178 35,886 37,681 39,565 41,543 43,620 45,801 48,091 50,496 464 CO 02051-571300 Principal-Leased Equipment 15,270$ 15,270 15,270 15,270 15,270 15,270 15,270 15,270 15,270 15,270 15,270 464 CO 02051-571500 Principal-Interfund Loans 22,420$ 22,420 22,420 22,420 22,420 22,420 22,420 22,420 22,420 22,420 22,420 465 CO 02051-572500 Interest-Interfund Loans 1,210$ 1,210 1,210 1,210 1,210 1,210 1,210 1,210 1,210 1,210 1,210 465 CO 02051-572200 Interest Other 50,000$ 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 466 CO 02051-572300 Interest-Leased Equipt 370$ 370 370 370 370 370 370 370 370 370 370 467 O&M 02051-543700 Fees & Permits 700$ 735 768 799 827 852 877 903 931 958 987 468 O&M 02051-551300 Small Tools & Implements 15,000$ 15,750 16,459 17,117 17,716 18,248 18,795 19,359 19,940 20,538 21,154 City of Clearwater | FY 2022 Water, Sewer, and Reclaimed Water Revenue Sufficiency Analysis Stantec | 12 Appendix: Supporting Financial Schedules Projection of Cash Outflows Schedule 4 Code Expense Line Item 1 A FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 469 Total Water Distribution 6,788,719$ 7,142,944 7,537,302 7,924,843 8,294,378 8,673,937 9,071,554 9,488,103 9,924,502 10,381,715 10,860,752 Water Supply 470 PS 02053-510100 Full Time Salaries & Wages 203,936$ 213,113 224,834 237,200 249,060 261,513 274,589 288,318 302,734 317,871 333,765 471 PS 02053-510400 Special Pay 2,600$ 2,717 2,866 3,024 3,175 3,334 3,501 3,676 3,860 4,053 4,255 472 PS 02053-510500 Overtime 500$ 523 551 582 611 641 673 707 742 779 818 473 PS 02053-520100 Life Ins $2500 Empl & Pens 10$ 11 12 12 13 14 14 15 16 17 17 474 PS 02053-520300 Samp Life Insurance 326$ 359 384 403 423 444 466 490 514 540 567 475 PS 02053-520400 Major Medical Ins-Emp 31,308$ 34,439 36,850 38,692 40,627 42,658 44,791 47,030 49,382 51,851 54,444 476 PS 02053-520600 Social Security-Employee 2,979$ 3,113 3,284 3,465 3,638 3,820 4,011 4,212 4,422 4,643 4,875 477 PS 02053-520700 Emp Pension Plan 13,257$ 14,063 17,690 20,468 21,492 22,567 23,695 24,880 26,124 27,430 28,801 478 PS 02053-520900 Workers Compensation 890$ 930 981 1,035 1,087 1,141 1,198 1,258 1,321 1,387 1,457 479 PS 02053-522000 CWA Life 402$ 442 473 497 522 548 575 604 634 666 699 480 O&M 02053-530100 Professional Services 35,000$ 36,750 38,404 39,940 41,338 42,578 43,855 45,171 46,526 47,922 49,359 481 O&M 02053-530300 Other Contractual Serv 30,000$ 31,500 32,918 34,234 35,432 36,495 37,590 38,718 39,879 41,076 42,308 482 PWC 02053-531100 Inv Purchase-Resale 7,426,566$ 7,420,644 7,412,990 7,403,562 7,392,316 7,379,207 2,474,732 2,499,480 2,524,474 2,549,719 2,575,216 483 O&M 02053-542200 Elec-Util Charges 4,000$ 4,200 4,389 4,565 4,724 4,866 5,012 5,162 5,317 5,477 5,641 484 O&M 02053-542700 Interfd Svc Chg-Other Fund 12,470$ 13,094 13,748 14,436 15,157 15,915 16,711 17,547 18,424 19,345 20,312 485 O&M 02053-542800 Interfd Other Serv Chgs 13,430$ 14,102 14,807 15,547 16,324 17,140 17,997 18,897 19,842 20,834 21,876 486 O&M 02053-542900 Interfd Admin Service Chg 52,070$ 54,674 57,407 60,278 63,291 66,456 69,779 73,268 76,931 80,778 84,817 487 O&M 02053-543200 Other Promotion Activity 2,000$ 2,100 2,195 2,282 2,362 2,433 2,506 2,581 2,659 2,738 2,821 488 O&M 02053-543400 Printing & Binding 1,000$ 1,050 1,097 1,141 1,181 1,217 1,253 1,291 1,329 1,369 1,410 489 O&M 02053-544100 Equipt Rental 1,500$ 1,575 1,646 1,712 1,772 1,825 1,880 1,936 1,994 2,054 2,115 490 O&M 02053-544600 Uniform Rental 2,000$ 2,100 2,195 2,282 2,362 2,433 2,506 2,581 2,659 2,738 2,821 491 O&M 02053-545100 Insurance 81,770$ 85,859 89,722 93,311 96,577 99,474 102,458 105,532 108,698 111,959 115,318 492 O&M 02053-547100 Uniforms-Employee 900$ 945 988 1,027 1,063 1,095 1,128 1,162 1,196 1,232 1,269 493 O&M 02053-547200 Travel Expense-Emp 1,200$ 1,260 1,317 1,369 1,417 1,460 1,504 1,549 1,595 1,643 1,692 494 O&M 02053-547300 Mileage Reimbursement 100$ 105 110 114 118 122 125 129 133 137 141 495 O&M 02053-547400 Meals-Employee 100$ 105 110 114 118 122 125 129 133 137 141 496 O&M 02053-550100 Office Supplies 500$ 525 549 571 591 608 627 645 665 685 705 497 O&M 02053-550400 Operating Supplies & Matls 4,000$ 4,200 4,389 4,565 4,724 4,866 5,012 5,162 5,317 5,477 5,641 498 O&M 02053-551500 Medical Supplies 100$ 105 110 114 118 122 125 129 133 137 141 499 O&M 02053-557100 Memberships/Subs/Lic Emp 500$ 525 549 571 591 608 627 645 665 685 705 500 O&M 02053-557300 Training & Ref Employee 1,975$ 2,074 2,167 2,254 2,333 2,403 2,475 2,549 2,625 2,704 2,785 501 O&M 02053-540100 Garage Services 9,090$ 9,545 10,022 10,523 11,049 11,601 12,181 12,791 13,430 14,102 14,807 502 O&M 02053-540300 Telephone Service Variable 3,380$ 3,549 3,726 3,913 4,108 4,314 4,530 4,756 4,994 5,243 5,506 503 O&M 02053-540500 Radio Svc-Fixed 690$ 725 761 799 839 881 925 971 1,019 1,070 1,124 504 O&M 02053-540900 Risk Mgmt Service 680$ 714 750 787 827 868 911 957 1,005 1,055 1,108 505 O&M 02053-541000 Info Technology Charge 75,170$ 78,929 82,875 87,019 91,370 95,938 100,735 105,772 111,060 116,613 122,444 506 O&M 02053-541100 Bldg & Maint Dept Svc Fx 3,460$ 3,633 3,815 4,005 4,206 4,416 4,637 4,869 5,112 5,368 5,636 507 O&M 02053-541500 Garage Variable 500$ 525 551 579 608 638 670 704 739 776 814 508 O&M 02053-542000 Employee Benefits-Fixed 780$ 819 860 903 948 995 1,045 1,098 1,152 1,210 1,271 509 O&M 02053-530400 Lot Mowing 3,000$ 3,150 3,292 3,423 3,543 3,650 3,759 3,872 3,988 4,108 4,231 510 O&M 02053-543700 Fees & Permits 7,300$ 7,665 8,010 8,330 8,622 8,881 9,147 9,421 9,704 9,995 10,295 511 O&M 02053-551300 Small Tools & Implements 2,000$ 2,100 2,195 2,282 2,362 2,433 2,506 2,581 2,659 2,738 2,821 512 Total Water Supply 8,033,439$ 8,058,551 8,086,584 8,111,929 8,133,038 8,152,739 3,282,587 3,343,242 3,405,806 3,470,360 3,536,989 Reclaimed Water 513 PS 02054-510100 Full Time Salaries & Wages 734,852$ 767,920 810,156 854,715 897,450 942,323 989,439 1,038,911 1,090,856 1,145,399 1,202,669 514 PS 02054-510400 Special Pay 25,095$ 26,224 27,667 29,188 30,648 32,180 33,789 35,479 37,252 39,115 41,071 515 PS 02054-510500 Overtime 28,000$ 29,260 30,869 32,567 34,195 35,905 37,701 39,586 41,565 43,643 45,825 516 PS 02054-520100 Life Ins $2500 Empl & Pens 10$ 11 12 12 13 14 14 15 16 17 17 517 PS 02054-520300 Samp Life Insurance 253$ 278 298 313 328 345 362 380 399 419 440 518 PS 02054-520400 Major Medical Ins-Emp 186,008$ 204,609 218,931 229,878 241,372 253,440 266,113 279,418 293,389 308,058 323,461 519 PS 02054-520600 Social Security-Employee 10,891$ 11,381 12,007 12,667 13,301 13,966 14,664 15,397 16,167 16,976 17,824 520 PS 02054-520700 Emp Pension Plan 48,271$ 53,521 67,324 77,900 81,795 85,885 90,179 94,688 99,422 104,393 109,613 521 PS 02054-520900 Workers Compensation 10,810$ 11,296 11,918 12,573 13,202 13,862 14,555 15,283 16,047 16,849 17,692 522 PS 02054-522000 CWA Life 3,132$ 3,445 3,686 3,871 4,064 4,267 4,481 4,705 4,940 5,187 5,446 523 O&M 02054-530100 Professional Services 20,000$ 21,000 21,945 22,823 23,622 24,330 25,060 25,812 26,586 27,384 28,205 524 O&M 02054-530300 Other Contractual Serv 3,700$ 3,885 4,060 4,222 4,370 4,501 4,636 4,775 4,918 5,066 5,218 525 O&M 02054-542500 Postage 100$ 105 110 114 118 122 125 129 133 137 141 526 O&M 02054-542800 Interfd Other Serv Chgs 76,090$ 79,895 83,889 88,084 92,488 97,112 101,968 107,066 112,420 118,041 123,943 527 O&M 02054-542900 Interfd Admin Service Chg 295,080$ 309,834 325,326 341,592 358,672 376,605 395,435 415,207 435,968 457,766 480,654 528 O&M 02054-543400 Printing & Binding 2,500$ 2,625 2,743 2,853 2,953 3,041 3,133 3,226 3,323 3,423 3,526 529 O&M 02054-543900 Other Refunds 1,000$ 1,000 1,045 1,087 1,125 1,159 1,193 1,229 1,266 1,304 1,343 530 O&M 02054-544600 Uniform Rentals 13,000$ 13,650 14,264 14,835 15,354 15,815 16,289 16,778 17,281 17,800 18,334 531 O&M 02054-545100 Insurance 31,360$ 32,928 34,410 35,786 37,039 38,150 39,294 40,473 41,687 42,938 44,226 532 O&M 02054-546200 Other Equip Svc & Repair 2,400$ 2,520 2,633 2,739 2,835 2,920 3,007 3,097 3,190 3,286 3,385 533 O&M 02054-547100 Uniforms-Employee 5,100$ 5,355 5,596 5,820 6,024 6,204 6,390 6,582 6,780 6,983 7,192 534 O&M 02054-547200 Travel Expense-Emp 4,150$ 4,358 4,554 4,736 4,901 5,049 5,200 5,356 5,517 5,682 5,853 City of Clearwater | FY 2022 Water, Sewer, and Reclaimed Water Revenue Sufficiency Analysis Stantec | 13 Appendix: Supporting Financial Schedules Projection of Cash Outflows Schedule 4 Code Expense Line Item 1 A FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 535 O&M 02054-547300 Mileage Reimbursement 300$ 315 329 342 354 365 376 387 399 411 423 536 O&M 02054-547400 Meals-Employee 550$ 578 603 628 650 669 689 710 731 753 776 537 O&M 02054-548000 Other Services Or Charges 200$ 210 219 228 236 243 251 258 266 274 282 538 O&M 02054-550100 Office Supplies 1,400$ 1,470 1,536 1,598 1,654 1,703 1,754 1,807 1,861 1,917 1,974 539 O&M 02054-550400 Operating Supplies & Matls 155,000$ 162,750 170,074 176,877 183,067 188,559 194,216 200,043 206,044 212,225 218,592 540 O&M 02054-551500 Medical Supplies 200$ 210 219 228 236 243 251 258 266 274 282 541 O&M 02054-552500 $1,000-$4,999 Mach & Equip 5,000$ 5,250 5,486 5,706 5,905 6,083 6,265 6,453 6,647 6,846 7,051 542 O&M 02054-557100 Memberships/Subs/Lic Emp 1,070$ 1,124 1,174 1,221 1,264 1,302 1,341 1,381 1,422 1,465 1,509 543 O&M 02054-557300 Training & Ref Employee 24,222$ 25,433 26,578 27,641 28,608 29,466 30,350 31,261 32,199 33,165 34,160 544 O&M 02054-540100 Garage Services 126,640$ 132,972 139,621 146,602 153,932 161,628 169,710 178,195 187,105 196,460 206,283 545 O&M 02054-540300 Telephone Service Variable 6,810$ 7,151 7,508 7,883 8,278 8,691 9,126 9,582 10,061 10,565 11,093 546 O&M 02054-540500 Radio Svc-Fixed 11,810$ 12,401 13,021 13,672 14,355 15,073 15,827 16,618 17,449 18,321 19,237 547 O&M 02054-540900 Risk Mgmt Service 3,850$ 4,043 4,245 4,457 4,680 4,914 5,159 5,417 5,688 5,973 6,271 548 O&M 02054-541000 Info Technology Charge 83,890$ 88,085 92,489 97,113 101,969 107,067 112,421 118,042 123,944 130,141 136,648 549 O&M 02054-541500 Garage Variable 20,000$ 21,000 22,050 23,153 24,310 25,526 26,802 28,142 29,549 31,027 32,578 550 O&M 02054-541800 Administrative Charge 243,270$ 255,434 268,205 281,615 295,696 310,481 326,005 342,305 359,421 377,392 396,261 551 O&M 02054-542000 Employee Benefits-Fixed 4,390$ 4,610 4,840 5,082 5,336 5,603 5,883 6,177 6,486 6,810 7,151 552 CO 02054-572200 Interest Other 2,000$ 2,000 2,000 2,000 2,000 2,000 2,000 2,000 2,000 2,000 2,000 553 O&M 02054-551300 Small Tools & Implements 10,000$ 10,500 10,973 11,411 11,811 12,165 12,530 12,906 13,293 13,692 14,103 554 Total Reclaimed Water 2,202,404$ 2,320,633 2,454,612 2,585,830 2,710,208 2,838,976 2,973,983 3,115,535 3,263,953 3,419,575 3,582,753 Water Supply RO 1 555 PS 02056-510100 Full Time Salaries & Wages 412,636$ 431,205 454,921 479,942 503,939 529,136 555,592 583,372 612,541 643,168 675,326 556 PS 02056-510400 Special Pay 34,195$ 35,734 37,699 39,773 41,761 43,849 46,042 48,344 50,761 53,299 55,964 557 PS 02056-510500 Overtime 50,000$ 52,250 55,124 58,156 61,063 64,117 67,322 70,688 74,223 77,934 81,831 558 PS 02056-520400 Major Medical Ins-Emp 105,368$ 115,905 124,018 130,219 136,730 143,566 150,745 158,282 166,196 174,506 183,231 559 PS 02056-520600 Social Security-Employee 7,022$ 7,338 7,742 8,167 8,576 9,005 9,455 9,927 10,424 10,945 11,492 560 PS 02056-520700 Emp Pension Plan 29,275$ 33,747 42,450 49,119 51,575 54,154 56,861 59,704 62,690 65,824 69,115 561 PS 02056-520900 Workers Compensation 2,370$ 2,477 2,613 2,757 2,894 3,039 3,191 3,351 3,518 3,694 3,879 562 PS 02056-522000 CWA Life 1,608$ 1,769 1,893 1,987 2,087 2,191 2,300 2,416 2,536 2,663 2,796 563 O&M 02056-530100 Professional Services 30,000$ 31,500 32,918 34,234 35,432 36,495 37,590 38,718 39,879 41,076 42,308 564 O&M 02056-530300 Other Contractual Serv 61,000$ 64,050 66,932 69,610 72,046 74,207 76,433 78,726 81,088 83,521 86,027 565 O&M 02056-542200 Elec-Util Charges 575,000$ 603,750 630,919 656,156 679,121 699,495 720,479 742,094 764,357 787,287 810,906 566 O&M 02056-542300 Gas,Water & Sanitation Utl 5,000$ 5,250 5,486 5,706 5,905 6,083 6,265 6,453 6,647 6,846 7,051 567 O&M 02056-542500 Postage 200$ 210 219 228 236 243 251 258 266 274 282 568 O&M 02056-542800 Interfd Other Serv Chgs 35,810$ 37,601 39,481 41,455 43,527 45,704 47,989 50,388 52,908 55,553 58,331 569 O&M 02056-542900 Interfd Admin Service Chg 138,860$ 145,803 153,093 160,748 168,785 177,224 186,086 195,390 205,159 215,417 226,188 570 O&M 02056-543100 Advertising 500$ 525 549 571 591 608 627 645 665 685 705 571 O&M 02056-543200 Other Promotion Activity 1,000$ 1,050 1,097 1,141 1,181 1,217 1,253 1,291 1,329 1,369 1,410 572 O&M 02056-543400 Printing & Binding 500$ 525 549 571 591 608 627 645 665 685 705 573 O&M 02056-543500 Dump Fee 16,000$ 16,800 17,556 18,258 18,897 19,464 20,048 20,650 21,269 21,907 22,564 574 O&M 02056-544100 Equipt Rental 12,500$ 13,125 13,716 14,264 14,763 15,206 15,663 16,132 16,616 17,115 17,628 575 O&M 02056-544600 Uniform Rental 6,000$ 6,300 6,584 6,847 7,086 7,299 7,518 7,744 7,976 8,215 8,462 576 O&M 02056-545100 Insurance 1,390$ 1,460 1,525 1,586 1,642 1,691 1,742 1,794 1,848 1,903 1,960 577 O&M 02056-546200 Other Equip Svc & Repair 83,000$ 87,150 91,072 94,715 98,030 100,971 104,000 107,120 110,333 113,643 117,053 578 O&M 02056-547100 Uniforms-Employee 1,500$ 1,575 1,646 1,712 1,772 1,825 1,880 1,936 1,994 2,054 2,115 579 O&M 02056-547200 Travel Expense-Emp 1,800$ 1,890 1,975 2,054 2,126 2,190 2,255 2,323 2,393 2,465 2,538 580 O&M 02056-547300 Mileage Reimbursement 200$ 210 219 228 236 243 251 258 266 274 282 581 O&M 02056-547400 Meals-Employee 200$ 210 219 228 236 243 251 258 266 274 282 582 O&M 02056-550100 Office Supplies 1,500$ 1,575 1,646 1,712 1,772 1,825 1,880 1,936 1,994 2,054 2,115 583 O&M 02056-550400 Operating Supplies & Matls 300,000$ 315,000 329,175 342,342 354,324 364,954 375,902 387,179 398,795 410,759 423,081 584 O&M 02056-551000 Lab Chem Supplies 40,000$ 42,000 43,890 45,646 47,243 48,660 50,120 51,624 53,173 54,768 56,411 585 O&M 02056-551500 Medical Supplies 200$ 210 219 228 236 243 251 258 266 274 282 586 O&M 02056-557100 Memberships/Subs/Lic Emp 750$ 788 823 856 886 912 940 968 997 1,027 1,058 587 O&M 02056-557300 Training & Ref Employee 5,800$ 6,090 6,364 6,619 6,850 7,056 7,267 7,485 7,710 7,941 8,180 588 O&M 02056-540100 Garage Services 28,080$ 29,484 30,958 32,506 34,131 35,838 37,630 39,511 41,487 43,561 45,739 589 O&M 02056-540500 Radio Svc-Fixed 2,080$ 2,184 2,293 2,408 2,528 2,655 2,787 2,927 3,073 3,227 3,388 590 O&M 02056-540900 Risk Mgmt Service 1,810$ 1,901 1,996 2,095 2,200 2,310 2,426 2,547 2,674 2,808 2,948 591 O&M 02056-541000 Info Technology Charge 37,260$ 39,123 41,079 43,133 45,290 47,554 49,932 52,429 55,050 57,802 60,693 592 O&M 02056-541100 Bldg & Maint Dept Svc Fx 53,280$ 55,944 58,741 61,678 64,762 68,000 71,400 74,970 78,719 82,655 86,788 593 O&M 02056-541200 Custodial Service 1,500$ 1,575 1,654 1,736 1,823 1,914 2,010 2,111 2,216 2,327 2,443 594 O&M 02056-541500 Garage Variable 500$ 525 551 579 608 638 670 704 739 776 814 595 O&M 02056-541600 Bldg & Maint-Variable 80$ 84 88 93 97 102 107 113 118 124 130 596 O&M 02056-542000 Employee Benefits-Fixed 2,060$ 2,163 2,271 2,385 2,504 2,629 2,761 2,899 3,044 3,196 3,356 597 O&M 02056-530400 Lot Mowing 4,600$ 4,830 5,047 5,249 5,433 5,596 5,764 5,937 6,115 6,298 6,487 598 O&M 02056-551300 Small Tools & Implements 3,000$ 3,150 3,292 3,423 3,543 3,650 3,759 3,872 3,988 4,108 4,231 599 O&M 02056-551700 Bulk Chemicals 242,100$ 254,205 265,644 276,270 285,939 294,518 303,353 312,454 321,827 331,482 341,427 600 Total Water Supply RO 1 2,337,534$ 2,460,237$ 2,587,946$ 2,709,387$ 2,820,999$ 2,929,127$ 3,041,673$ 3,158,830$ 3,280,796$ 3,407,781$ 3,540,004$ Water Supply RO 2 City of Clearwater | FY 2022 Water, Sewer, and Reclaimed Water Revenue Sufficiency Analysis Stantec | 14 Appendix: Supporting Financial Schedules Projection of Cash Outflows Schedule 4 Code Expense Line Item 1 A FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 601 PS 02057-510100 Full Time Salaries & Wages 423,226$ 442,271 466,596 492,259 516,872 542,715 569,851 598,344 628,261 659,674 692,658 602 PS 02057-510400 Special Pay 36,795$ 38,451 40,566 42,797 44,937 47,183 49,542 52,020 54,621 57,352 60,219 603 PS 02057-510500 Overtime 50,000$ 52,250 55,124 58,156 61,063 64,117 67,322 70,688 74,223 77,934 81,831 604 PS 02057-520400 Major Medical Ins-Emp 95,979$ 105,577 112,967 118,616 124,546 130,774 137,312 144,178 151,387 158,956 166,904 605 PS 02057-520600 Social Security-Employee 7,079$ 7,398 7,804 8,234 8,645 9,078 9,531 10,008 10,508 11,034 11,586 606 PS 02057-520700 Emp Pension Plan 30,030$ 34,643 43,577 50,423 52,944 55,591 58,371 61,289 64,354 67,572 70,950 607 PS 02057-520900 Workers Compensation 2,370$ 2,477 2,613 2,757 2,894 3,039 3,191 3,351 3,518 3,694 3,879 608 PS 02057-522000 CWA Life 1,608$ 1,769 1,893 1,987 2,087 2,191 2,300 2,416 2,536 2,663 2,796 609 O&M 02057-530100 Professional Services 82,000$ 86,100 89,975 93,573 96,849 99,754 102,747 105,829 109,004 112,274 115,642 610 O&M 02057-530300 Other Contractual Serv 44,500$ 46,725 48,828 50,781 52,558 54,135 55,759 57,432 59,155 60,929 62,757 611 O&M 02057-542200 Elec-Util Charges 400,000$ 420,000 438,900 456,456 472,432 486,605 501,203 516,239 531,726 547,678 564,108 612 O&M 02057-542300 Gas,Water & Sanitation Utl 75,000$ 78,750 82,294 85,586 88,581 91,238 93,976 96,795 99,699 102,690 105,770 613 O&M 02057-542500 Postage 400$ 420 439 456 472 487 501 516 532 548 564 614 O&M 02057-542800 Interfd Other Serv Chgs 35,810$ 37,601 39,481 41,455 43,527 45,704 47,989 50,388 52,908 55,553 58,331 615 O&M 02057-542900 Interfd Admin Service Chg 138,860$ 145,803 153,093 160,748 168,785 177,224 186,086 195,390 205,159 215,417 226,188 616 O&M 02057-543100 Advertising 200$ 210 219 228 236 243 251 258 266 274 282 617 O&M 02057-543200 Other Promotion Activity 1,000$ 1,050 1,097 1,141 1,181 1,217 1,253 1,291 1,329 1,369 1,410 618 O&M 02057-543400 Printing & Binding 500$ 525 549 571 591 608 627 645 665 685 705 619 O&M 02057-544100 Equipt Rental 10,000$ 10,500 10,973 11,411 11,811 12,165 12,530 12,906 13,293 13,692 14,103 620 O&M 02057-544600 Uniform Rental 6,000$ 6,300 6,584 6,847 7,086 7,299 7,518 7,744 7,976 8,215 8,462 621 O&M 02057-545100 Insurance 2,190$ 2,300 2,403 2,499 2,587 2,664 2,744 2,826 2,911 2,999 3,088 622 O&M 02057-546200 Other Equip Svc & Repair 60,000$ 63,000 65,835 68,468 70,865 72,991 75,180 77,436 79,759 82,152 84,616 623 O&M 02057-547100 Uniforms-Employee 1,500$ 1,575 1,646 1,712 1,772 1,825 1,880 1,936 1,994 2,054 2,115 624 O&M 02057-547200 Travel Expense-Emp 1,800$ 1,890 1,975 2,054 2,126 2,190 2,255 2,323 2,393 2,465 2,538 625 O&M 02057-547300 Mileage Reimbursement 200$ 210 219 228 236 243 251 258 266 274 282 626 O&M 02057-547400 Meals-Employee 300$ 315 329 342 354 365 376 387 399 411 423 627 O&M 02057-550100 Office Supplies 1,500$ 1,575 1,646 1,712 1,772 1,825 1,880 1,936 1,994 2,054 2,115 628 O&M 02057-550400 Operating Supplies & Matls 350,000$ 367,500 384,038 399,399 413,378 425,779 438,553 451,709 465,261 479,218 493,595 629 O&M 02057-551000 Lab Chem Supplies 50,000$ 52,500 54,863 57,057 59,054 60,826 62,650 64,530 66,466 68,460 70,514 630 O&M 02057-551500 Medical Supplies 200$ 210 219 228 236 243 251 258 266 274 282 631 O&M 02057-557100 Memberships/Subs/Lic Emp 1,580$ 1,659 1,734 1,803 1,866 1,922 1,980 2,039 2,100 2,163 2,228 632 O&M 02057-557300 Training & Ref Employee 6,250$ 6,563 6,858 7,132 7,382 7,603 7,831 8,066 8,308 8,557 8,814 633 O&M 02057-540100 Garage Services 35,950$ 37,748 39,635 41,617 43,697 45,882 48,176 50,585 53,115 55,770 58,559 634 O&M 02057-540500 Radio Svc-Fixed 2,080$ 2,184 2,293 2,408 2,528 2,655 2,787 2,927 3,073 3,227 3,388 635 O&M 02057-540700 Postal Service 100$ 105 110 116 122 128 134 141 148 155 163 636 O&M 02057-540900 Risk Mgmt Service 1,810$ 1,901 1,996 2,095 2,200 2,310 2,426 2,547 2,674 2,808 2,948 637 O&M 02057-541000 Info Technology Charge 31,690$ 33,275 34,938 36,685 38,519 40,445 42,468 44,591 46,821 49,162 51,620 638 O&M 02057-541100 Bldg & Maint Dept Svc Fx 67,760$ 71,148 74,705 78,441 82,363 86,481 90,805 95,345 100,112 105,118 110,374 639 O&M 02057-541200 Custodial Service 5,790$ 6,080 6,383 6,703 7,038 7,390 7,759 8,147 8,554 8,982 9,431 640 O&M 02057-541500 Garage Variable 500$ 525 551 579 608 638 670 704 739 776 814 641 O&M 02057-541600 Bldg & Maint-Variable 5,750$ 6,038 6,339 6,656 6,989 7,339 7,706 8,091 8,495 8,920 9,366 642 O&M 02057-542000 Employee Benefits-Fixed 2,070$ 2,174 2,282 2,396 2,516 2,642 2,774 2,913 3,058 3,211 3,372 643 O&M 02057-530400 Lot Mowing 4,600$ 4,830 5,047 5,249 5,433 5,596 5,764 5,937 6,115 6,298 6,487 644 O&M 02057-543700 Fees & Permits 11,000$ 11,550 12,070 12,553 12,992 13,382 13,783 14,197 14,622 15,061 15,513 645 O&M 02057-551300 Small Tools & Implements 3,000$ 3,150 3,292 3,423 3,543 3,650 3,759 3,872 3,988 4,108 4,231 646 O&M 02057-551700 Bulk Chemicals 220,000$ 231,000 241,395 251,051 259,838 267,633 275,662 283,932 292,449 301,223 310,260 647 CO 02057-571500 Principal-Interfund Loans 12,140$ 12,140 12,140 12,140 12,140 12,140 12,140 12,140 12,140 12,140 12,140 648 CO 02057-572500 Interest-Interfund Loans 760$ 760 760 760 760 760 760 760 760 760 760 649 Total Water Supply RO 2 2,321,877$ 2,442,720 2,569,271 2,689,986 2,801,011 2,908,912 3,021,263 3,138,258 3,260,100 3,387,001 3,519,184 Water Supply RO 3 650 O&M 02058-530100 Professional Services 25,000$ 26,250 27,431 28,529 29,527 30,413 31,325 32,265 33,233 34,230 35,257 651 O&M 02058-530300 Other Contractual Serv 31,500$ 33,075 34,563 35,946 37,204 38,320 39,470 40,654 41,873 43,130 44,424 652 O&M 02058-542200 Elec-Util Charges 150,000$ 157,500 164,588 171,171 177,162 182,477 187,951 193,590 199,397 205,379 211,541 653 O&M 02058-542300 Gas,Water & Sanitation Utl 5,500$ 5,775 6,035 6,276 6,496 6,691 6,892 7,098 7,311 7,531 7,756 654 O&M 02058-542500 Postage 200$ 210 219 228 236 243 251 258 266 274 282 655 O&M 02058-542800 Interfd Other Serv Chgs 770$ 809 849 891 936 983 1,032 1,083 1,138 1,195 1,254 656 O&M 02058-543100 Advertising 200$ 210 219 228 236 243 251 258 266 274 282 657 O&M 02058-543400 Printing & Binding 200$ 210 219 228 236 243 251 258 266 274 282 658 O&M 02058-544100 Equipt Rental 10,000$ 10,500 10,973 11,411 11,811 12,165 12,530 12,906 13,293 13,692 14,103 659 O&M 02058-545100 Insurance 200$ 210 219 228 236 243 251 258 266 274 282 660 O&M 02058-546200 Other Equip Svc & Repair 65,000$ 68,250 71,321 74,174 76,770 79,073 81,445 83,889 86,406 88,998 91,668 661 O&M 02058-550100 Office Supplies 150$ 158 165 171 177 182 188 194 199 205 212 662 O&M 02058-550400 Operating Supplies & Matls 165,000$ 173,250 181,046 188,288 194,878 200,725 206,746 212,949 219,337 225,917 232,695 663 O&M 02058-551000 Lab Chem Supplies 10,000$ 10,500 10,973 11,411 11,811 12,165 12,530 12,906 13,293 13,692 14,103 664 O&M 02058-540100 Garage Services 2,580$ 2,709 2,844 2,987 3,136 3,293 3,457 3,630 3,812 4,002 4,203 665 O&M 02058-541000 Info Technology Charge 12,720$ 13,356 14,024 14,725 15,461 16,234 17,046 17,898 18,793 19,733 20,720 666 O&M 02058-541100 Bldg & Maint Dept Svc Fx 52,340$ 54,957 57,705 60,590 63,620 66,801 70,141 73,648 77,330 81,197 85,256 667 O&M 02058-541600 Bldg & Maint-Variable 380$ 399 419 440 462 485 509 535 561 590 619 668 O&M 02058-530400 Lot Mowing 4,000$ 4,200 4,389 4,565 4,724 4,866 5,012 5,162 5,317 5,477 5,641 669 O&M 02058-543700 Fees & Permits 300$ 315 329 342 354 365 376 387 399 411 423 City of Clearwater | FY 2022 Water, Sewer, and Reclaimed Water Revenue Sufficiency Analysis Stantec | 15 Appendix: Supporting Financial Schedules Projection of Cash Outflows Schedule 4 Code Expense Line Item 1 A FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 670 O&M 02058-551300 Small Tools & Implements 3,000$ 3,150 3,292 3,423 3,543 3,650 3,759 3,872 3,988 4,108 4,231 671 O&M 02058-551700 Bulk Chemicals 50,000$ 52,500 54,863 57,057 59,054 60,826 62,650 64,530 66,466 68,460 70,514 672 Total Water Supply RO 3 589,040$ 618,492 646,685 673,311 698,071 720,686 744,062 768,228 793,211 819,040 845,745 Lift Stations Maintenance 673 PS 01348-510100 Salaries & Wages-Full Time 177,278$ 185,256 195,445 206,194 216,504 227,329 238,695 250,630 263,162 276,320 290,136 674 PS 01348-510400 Special Pay 8,791$ 9,187 9,692 10,225 10,736 11,273 11,837 12,428 13,050 13,702 14,387 675 PS 01348-510500 Salaries & Wages-Overtime 19,000$ 19,855 20,947 22,099 23,204 24,364 25,582 26,862 28,205 29,615 31,096 676 PS 01348-520400 Major Medical Insurance 41,744$ 45,918 49,133 51,589 54,169 56,877 59,721 62,707 65,843 69,135 72,591 677 PS 01348-520600 Social Security 2,892$ 3,022 3,188 3,364 3,532 3,708 3,894 4,089 4,293 4,508 4,733 678 PS 01348-520700 Emp Pension Plan 12,583$ 13,929 17,521 20,274 21,288 22,352 23,470 24,643 25,875 27,169 28,528 679 PS 01348-520900 Workers Compensation 1,180$ 1,233 1,301 1,372 1,441 1,513 1,589 1,668 1,752 1,839 1,931 680 PS 01348-522000 Life Insurance-CWA 804$ 884 946 994 1,043 1,095 1,150 1,208 1,268 1,332 1,398 681 O&M 01348-530100 Professional Services 25,000$ 26,250 27,431 28,529 29,527 30,413 31,325 32,265 33,233 34,230 35,257 682 O&M 01348-530300 Other Contractual Serv 7,210$ 7,571 7,911 8,228 8,516 8,771 9,034 9,305 9,584 9,872 10,168 683 O&M 01348-530400 Lot Mowing 1,500$ 1,575 1,646 1,712 1,772 1,825 1,880 1,936 1,994 2,054 2,115 684 O&M 01348-542200 Utilities-Electric 260,000$ 273,000 285,285 296,696 307,081 316,293 325,782 335,555 345,622 355,991 366,671 685 O&M 01348-542300 Utilities-Gas Water Sanitation 16,000$ 16,800 17,556 18,258 18,897 19,464 20,048 20,650 21,269 21,907 22,564 686 O&M 01348-542500 Postage 500$ 525 549 571 591 608 627 645 665 685 705 687 O&M 01348-542700 Interfund Svc Chgs-Enterprise 7,450$ 7,823 8,214 8,624 9,056 9,508 9,984 10,483 11,007 11,557 12,135 688 O&M 01348-542800 Interfund Svc Chgs-Gen Fd Ops 33,840$ 35,532 37,309 39,174 41,133 43,189 45,349 47,616 49,997 52,497 55,122 689 O&M 01348-542900 Interfund Svc Chgs-Gen Fd Adm 69,430$ 72,902 76,547 80,374 84,393 88,612 93,043 97,695 102,580 107,709 113,094 690 O&M 01348-543100 Advertising 1,000$ 1,050 1,097 1,141 1,181 1,217 1,253 1,291 1,329 1,369 1,410 691 O&M 01348-543400 Printing Services 70$ 74 77 80 83 85 88 90 93 96 99 692 O&M 01348-544100 Rentals-Equipment 10,000$ 10,500 10,973 11,411 11,811 12,165 12,530 12,906 13,293 13,692 14,103 693 O&M 01348-544600 Rentals-Uniforms 2,000$ 2,100 2,195 2,282 2,362 2,433 2,506 2,581 2,659 2,738 2,821 694 O&M 01348-545100 Ins Premiums 350$ 368 384 399 413 426 439 452 465 479 494 695 O&M 01348-546200 Repairs & Svc-Other Equip 200,000$ 210,000 219,450 228,228 236,216 243,302 250,602 258,120 265,863 273,839 282,054 696 O&M 01348-547100 Uniforms-Employee 1,200$ 1,260 1,317 1,369 1,417 1,460 1,504 1,549 1,595 1,643 1,692 697 O&M 01348-547200 Travel Expense-Employee 1,120$ 1,176 1,229 1,278 1,323 1,362 1,403 1,445 1,489 1,533 1,580 698 O&M 01348-547300 Mileage Reimb-Employee 200$ 210 219 228 236 243 251 258 266 274 282 699 O&M 01348-547400 Meals-Employee 300$ 315 329 342 354 365 376 387 399 411 423 700 O&M 01348-548000 Other Charges 30$ 32 33 34 35 36 38 39 40 41 42 701 O&M 01348-550100 Office Supplies 1,000$ 1,050 1,097 1,141 1,181 1,217 1,253 1,291 1,329 1,369 1,410 702 O&M 01348-550400 Operating Supplies 200,000$ 210,000 219,450 228,228 236,216 243,302 250,602 258,120 265,863 273,839 282,054 703 O&M 01348-551000 Lab Chem Supplies 12,000$ 12,600 13,167 13,694 14,173 14,598 15,036 15,487 15,952 16,430 16,923 704 O&M 01348-551500 Medical Supplies 30$ 32 33 34 35 36 38 39 40 41 42 705 O&M 01348-557100 Memberships Subs Lic Emp 940$ 987 1,031 1,073 1,110 1,144 1,178 1,213 1,250 1,287 1,326 706 O&M 01348-557300 Training & Ref Emp 4,450$ 4,673 4,883 5,078 5,256 5,413 5,576 5,743 5,915 6,093 6,276 707 O&M 01348-541000 Info Tech Chgs-Fixed 28,710$ 30,146 31,653 33,235 34,897 36,642 38,474 40,398 42,418 44,539 46,766 708 O&M 01348-540100 Garage Services-Fixed 39,070$ 41,024 43,075 45,228 47,490 49,864 52,358 54,975 57,724 60,610 63,641 709 O&M 01348-541500 Garage Services-Variable 500$ 525 551 579 608 638 670 704 739 776 814 710 O&M 01348-541600 Bldg & Maint Chgs-Variable 3,140$ 3,297 3,462 3,635 3,817 4,008 4,208 4,418 4,639 4,871 5,115 711 O&M 01348-543700 Fees & Permits 30$ 32 33 34 35 36 38 39 40 41 42 712 O&M 01348-551300 Small Tools & Implements 3,000$ 3,150 3,292 3,423 3,543 3,650 3,759 3,872 3,988 4,108 4,231 713 Total Lift Stations Maintenance 1,194,342$ 1,255,858 1,319,649 1,380,454 1,436,674 1,490,841 1,547,185 1,605,801 1,666,786 1,730,240 1,796,271 Total Expenses by Category 714 PS Personal Services 13,949,699$ 14,796,433 15,796,012 16,746,422 17,583,743 18,462,931 19,386,077 20,355,381 21,373,150 22,441,807 23,563,898 715 PWC Purchased Water Cost 7,426,566 7,420,644 7,412,990 7,403,562 7,392,316 7,379,207 2,474,732 2,499,480 2,524,474 2,549,719 2,575,216 716 O&M Operations & Maintenance 27,223,266 28,584,379 29,926,896 31,242,034 32,521,453 33,757,424 35,043,490 36,381,805 37,774,620 39,224,288 40,733,267 717 CO Capital Outlay (Equip & Lease Purchase Program)518,730 524,480 530,386 536,445 542,653 549,008 555,664 562,634 569,934 577,579 585,587 718 Total Expenses 49,118,261$ 51,325,936 53,666,284 55,928,463 58,040,165 60,148,570 57,459,963 59,799,299 62,242,178 64,793,394 67,457,968 Expense Execution Factors 719 Personal Services 100%100%100%100%100%100%100%100%100%100%100% 720 Purchased Water Cost 100%100%100%100%100%100%100%100%100%100%100% 721 Operations & Maintenance 2 98%98%98%98%98%98%98%98%98%98%98% 722 Capital Outlay (Equip & Lease Purchase Program)100%100%100%100%100%100%100%100%100%100%100% Total Expenses at Execution 723 Personal Services 13,949,699$ 14,796,433 15,796,012 16,746,422 17,583,743 18,462,931 19,386,077 20,355,381 21,373,150 22,441,807 23,563,898 724 Purchased Water Cost 7,426,566 7,420,644 7,412,990 7,403,562 7,392,316 7,379,207 2,474,732 2,499,480 2,524,474 2,549,719 2,575,216 725 Operations & Maintenance 26,678,801 28,012,692 29,328,358 30,617,194 31,871,024 33,082,275 34,342,620 35,654,169 37,019,128 38,439,802 39,918,601 726 Capital Outlay (Equip & Lease Purchase Program)518,730 524,480 530,386 536,445 542,653 549,008 555,664 562,634 569,934 577,579 585,587 727 Total Expenses at Execution 48,573,796$ 50,754,249 53,067,747 55,303,622 57,389,736 59,473,421 56,759,093 59,071,663 61,486,686 64,008,908 66,643,303 Transfers Out Renewal & Replacement Transfers by Department 3 City of Clearwater | FY 2022 Water, Sewer, and Reclaimed Water Revenue Sufficiency Analysis Stantec | 16 Appendix: Supporting Financial Schedules Projection of Cash Outflows Schedule 4 Code Expense Line Item 1 A FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 728 Wastewater Collection 2,244,390$ 962,999 1,000,680 1,026,102 1,046,070 1,067,110 1,091,965 1,129,973 1,171,198 1,214,262 1,259,003 729 WET Marshall Street Plant 1,556,670 667,919 694,055 711,686 725,536 740,129 757,368 783,730 812,323 842,191 873,223 730 WET Northeast Plant 1,106,670 474,838 493,418 505,953 515,799 526,173 538,429 557,170 577,498 598,732 620,793 731 WET East Plant 2,141,660 918,920 954,877 979,135 998,189 1,018,266 1,041,984 1,078,252 1,117,590 1,158,683 1,201,376 732 Water Distribution 2,550,000 1,094,127 1,136,939 1,165,822 1,188,509 1,212,414 1,240,654 1,283,837 1,330,676 1,379,604 1,430,437 733 Reclaimed Water 1,415,310 607,266 631,028 647,059 659,651 672,918 688,592 712,560 738,556 765,713 793,926 734 Water Supply RO 1 300,000 128,721 133,758 137,156 139,825 142,637 145,959 151,040 156,550 162,306 168,287 735 Water Supply RO 2 200,000 85,814 89,172 91,437 93,216 95,091 97,306 100,693 104,367 108,204 112,191 736 Water Supply RO 3 450,000 193,081 200,636 205,733 209,737 213,955 218,939 226,560 234,825 243,460 252,430 737 Additional R&R2 7,000,000 8,000,000 9,000,000 10,000,000 10,000,000 10,000,000 10,000,000 10,000,000 10,000,000 10,000,000 10,000,000 Payment in Lieu of Taxes By Department 738 Pub Util Administration 435,210$ 483,121 496,014 509,502 523,377 537,651 552,335 572,348 593,125 614,696 637,093 739 Wastewater Collection 638,880 709,212 728,139 747,939 768,308 789,261 810,817 840,195 870,696 902,362 935,240 740 Wastewater Maintenance 741,100 822,685 844,640 867,609 891,236 915,542 940,547 974,626 1,010,006 1,046,738 1,084,877 741 WPC Plant Operations 51,110 56,736 58,251 59,835 61,464 63,140 64,865 67,215 69,655 72,188 74,819 742 WPC Laboratory Operations 75,900 84,256 86,504 88,856 91,276 93,766 96,326 99,817 103,440 107,202 111,108 743 Industrial Pretreatment Pl 153,330 170,209 174,752 179,504 184,392 189,421 194,595 201,645 208,965 216,565 224,456 744 WET Marshall Street Plant 332,220 368,793 378,635 388,931 399,523 410,419 421,628 436,905 452,765 469,231 486,328 745 WET Northeast Plant 332,220 368,793 378,635 388,931 399,523 410,419 421,628 436,905 452,765 469,231 486,328 746 WET East Plant 255,550 283,682 291,253 299,173 307,321 315,702 324,324 336,076 348,275 360,942 374,093 747 Water Distribution 971,090 1,077,993 1,106,762 1,136,859 1,167,819 1,199,668 1,232,432 1,277,087 1,323,447 1,371,579 1,421,553 748 Water Supply 76,660 85,099 87,370 89,746 92,190 94,704 97,291 100,816 104,476 108,275 112,221 749 Reclaimed Water 434,440 482,266 495,136 508,601 522,451 536,700 551,358 571,335 592,075 613,608 635,965 750 Water Supply RO 1 204,440 226,946 233,003 239,339 245,857 252,562 259,459 268,860 278,620 288,753 299,274 751 Water Supply RO 2 204,440 226,946 233,003 239,339 245,857 252,562 259,459 268,860 278,620 288,753 299,274 752 Lift Stations Maintenance 102,220 113,473 116,501 119,669 122,928 126,281 129,730 134,430 139,310 144,377 149,637 753 Total Transfers Out 23,973,510$ 18,693,895 20,043,160 21,333,917 21,600,056 21,876,493 22,177,991 22,610,936 23,069,824 23,547,657 24,043,931 754 Debt Service 755 Series 2011 Principal 2,020,000$ - - - - - - - - - - 756 Series 2011 Interest 50,500 - - - - - - - - - - 757 Series 2017 Principal 700,000 730,000 770,000 805,000 850,000 885,000 930,000 975,000 1,020,000 1,070,000 1,125,000 758 Series 2017 Interest 2,950,050 2,914,300 2,876,800 2,837,425 2,796,050 2,752,675 2,707,300 2,659,675 2,609,800 2,557,550 2,502,675 759 Series 2017B Principal 165,000 2,285,000 2,340,000 2,395,000 2,455,000 2,510,000 2,575,000 2,635,000 2,695,000 2,760,000 2,830,000 760 Series 2017B Interest 682,980 653,580 598,080 541,260 483,060 423,480 362,460 299,940 235,980 170,520 103,440 761 Series 2020 Principal 1,235,000 1,295,000 1,360,000 1,425,000 1,490,000 1,565,000 1,640,000 1,715,000 1,805,000 1,885,000 1,975,000 762 Series 2020 Interest 941,625 878,375 812,000 742,375 669,500 593,125 513,000 429,125 341,125 248,875 152,375 763 Interim Financing Interest Payments - - - - - 99,899 681,256 - 593,497 - 690,977 764 Cumulative New Debt Service for CIP - - - - - - - 3,264,827 4,720,132 8,288,538 9,879,164 765 Total Debt Service 8,745,155$ 8,756,255 8,756,880 8,746,060 8,743,610 8,829,179 9,409,016 11,978,567 14,020,534 16,980,483 19,258,632 766 Total Cash Outflows 81,292,461$ 78,204,398 81,867,786 85,383,599 87,733,402 90,179,094 88,346,099 93,661,167 98,577,044 104,537,049 109,945,866 2 Operations and Maintenance execution is based on discussion with City staff and reflects historical comparison of budget to actual spending. 3 The analysis includes an additional annual transfer for $1.0M a year, capping at $10M by FY 2025 in order to comply with bond covenants and maintain a reasonable balance between cash versus bond funded capital projects. 1 FY 2022 values reflect City's 2022 Budget. Starting in FY 2023, the transfers are distributed proportionally by department and are based upon 5.00% of the prior year's operating revenue. City of Clearwater | FY 2022 Water, Sewer, and Reclaimed Water Revenue Sufficiency Analysis Stantec | 17 Appendix: Supporting Financial Schedules Cost Escalation Factors Schedule 5 Description Escalation Factor FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 Full Time Salaries & Wages Pay 4.50%5.50%5.50%5.00%5.00%5.00%5.00%5.00%5.00%5.00% Overtime Pay 4.50%5.50%5.50%5.00%5.00%5.00%5.00%5.00%5.00%5.00% Life Ins $2500 Empl & Pens Health Insurance 10.00%7.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 1% Life Insurance-Employee Health Insurance 10.00%7.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% Samp Life Insurance Health Insurance 10.00%7.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% Major Medical Ins-Emp Health Insurance 10.00%7.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% Social Security-Employee Pay 4.50%5.50%5.50%5.00%5.00%5.00%5.00%5.00%5.00%5.00% Emp Pension Plan1 Pension Contribution 6.50%7.75%8.50%8.50%8.50%8.50%8.50%8.50%8.50%8.50% Workers Compensation Pay 4.50%5.50%5.50%5.00%5.00%5.00%5.00%5.00%5.00%5.00% Disability Insurance Health Insurance 10.00%7.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% CWA Life Insurance Health Insurance 10.00%7.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% Professional Services Inflation 5.00%4.50%4.00%3.50%3.00%3.00%3.00%3.00%3.00%3.00% Other Contractual Serv Inflation 5.00%4.50%4.00%3.50%3.00%3.00%3.00%3.00%3.00%3.00% Inv Purchase-Resale Inflation 5.00%4.50%4.00%3.50%3.00%3.00%3.00%3.00%3.00%3.00% Garage Services Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% Telephone Service Variable Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% Messenger Service Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% Radio Svc-Fixed Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% Telephone Svc Fixed Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% Postal Service Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% Risk Mgmt Service Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% Info Technology Charge Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% Bldg & Maint Dept Svc Fx Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% Custodial Service Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% Garage Variable Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% Bldg & Maint-Variable Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% Administrative Charge Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% Employee Benefits-Fixed Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% Telephone-Util Chgs Inflation 5.00%4.50%4.00%3.50%3.00%3.00%3.00%3.00%3.00%3.00% Elec-Util Charges Inflation 5.00%4.50%4.00%3.50%3.00%3.00%3.00%3.00%3.00%3.00% Gas,Water & Sanitation Utl Inflation 5.00%4.50%4.00%3.50%3.00%3.00%3.00%3.00%3.00%3.00% Postage Inflation 5.00%4.50%4.00%3.50%3.00%3.00%3.00%3.00%3.00%3.00% Interfd Svc Chg-Other Fund Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% Interfd Other Serv Chgs Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% Interfd Admin Service Chg Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% Advertising Inflation 5.00%4.50%4.00%3.50%3.00%3.00%3.00%3.00%3.00%3.00% Other Promotion Activity Inflation 5.00%4.50%4.00%3.50%3.00%3.00%3.00%3.00%3.00%3.00% Freight Inflation 5.00%4.50%4.00%3.50%3.00%3.00%3.00%3.00%3.00%3.00% Printing & Binding Inflation 5.00%4.50%4.00%3.50%3.00%3.00%3.00%3.00%3.00%3.00% Dump Fee Inflation 5.00%4.50%4.00%3.50%3.00%3.00%3.00%3.00%3.00%3.00% Taxes Inflation 5.00%4.50%4.00%3.50%3.00%3.00%3.00%3.00%3.00%3.00% Equipt Rental Inflation 5.00%4.50%4.00%3.50%3.00%3.00%3.00%3.00%3.00%3.00% Uniform Rental Inflation 5.00%4.50%4.00%3.50%3.00%3.00%3.00%3.00%3.00%3.00% City of Clearwater | FY 2022 Water, Sewer, and Reclaimed Water Revenue Sufficiency Analysis Stantec | 18 Appendix: Supporting Financial Schedules Cost Escalation Factors Schedule 5 Description Escalation Factor FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 Insurance Inflation 5.00%4.50%4.00%3.50%3.00%3.00%3.00%3.00%3.00%3.00% Ofc Equip Svc & Repair Inflation 5.00%4.50%4.00%3.50%3.00%3.00%3.00%3.00%3.00%3.00% Other Equip Svc & Repair Inflation 5.00%4.50%4.00%3.50%3.00%3.00%3.00%3.00%3.00%3.00% Uniforms-Employee Inflation 5.00%4.50%4.00%3.50%3.00%3.00%3.00%3.00%3.00%3.00% Travel Expense-Emp Inflation 5.00%4.50%4.00%3.50%3.00%3.00%3.00%3.00%3.00%3.00% Mileage Reimbursement Inflation 5.00%4.50%4.00%3.50%3.00%3.00%3.00%3.00%3.00%3.00% Meals-Employee Inflation 5.00%4.50%4.00%3.50%3.00%3.00%3.00%3.00%3.00%3.00% Other Services Or Charges Inflation 5.00%4.50%4.00%3.50%3.00%3.00%3.00%3.00%3.00%3.00% Bad Debt Expense Inflation 5.00%4.50%4.00%3.50%3.00%3.00%3.00%3.00%3.00%3.00% Obsolete Inventory Loss Inflation 5.00%4.50%4.00%3.50%3.00%3.00%3.00%3.00%3.00%3.00% Loss-Disposal of Assets Inflation 5.00%4.50%4.00%3.50%3.00%3.00%3.00%3.00%3.00%3.00% Recruitment Expense Inflation 5.00%4.50%4.00%3.50%3.00%3.00%3.00%3.00%3.00%3.00% P-Card Disputes Inflation 5.00%4.50%4.00%3.50%3.00%3.00%3.00%3.00%3.00%3.00% Office Supplies Inflation 5.00%4.50%4.00%3.50%3.00%3.00%3.00%3.00%3.00%3.00% Operating Supplies & Matls Inflation 5.00%4.50%4.00%3.50%3.00%3.00%3.00%3.00%3.00%3.00% Construction Materials Inflation 5.00%4.50%4.00%3.50%3.00%3.00%3.00%3.00%3.00%3.00% Lab Chem Supplies Inflation 5.00%4.50%4.00%3.50%3.00%3.00%3.00%3.00%3.00%3.00% Medical Supplies Inflation 5.00%4.50%4.00%3.50%3.00%3.00%3.00%3.00%3.00%3.00% $750-5000 Computer Softwar Inflation 5.00%4.50%4.00%3.50%3.00%3.00%3.00%3.00%3.00%3.00% $750-5000 Mach & Equip Inflation 5.00%4.50%4.00%3.50%3.00%3.00%3.00%3.00%3.00%3.00% Memberships/Subs/Lic Emp Inflation 5.00%4.50%4.00%3.50%3.00%3.00%3.00%3.00%3.00%3.00% Officl Recognition-Emp Inflation 5.00%4.50%4.00%3.50%3.00%3.00%3.00%3.00%3.00%3.00% Training & Ref Employee Inflation 5.00%4.50%4.00%3.50%3.00%3.00%3.00%3.00%3.00%3.00% >$5,000 Machinery & Equip Inflation 5.00%4.50%4.00%3.50%3.00%3.00%3.00%3.00%3.00%3.00% >$5,000 Computer Software Inflation 5.00%4.50%4.00%3.50%3.00%3.00%3.00%3.00%3.00%3.00% Cost Matl & Services Inflation 5.00%4.50%4.00%3.50%3.00%3.00%3.00%3.00%3.00%3.00% Contrib To Garage Fund Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% OPEB Expense Pay 4.50%5.50%5.50%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 1345 - Administration Pay 4.50%5.50%5.50%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 1346 - Sanitary Sewer Pay 4.50%5.50%5.50%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 1347 - Sanitary Sewer Maintena Pay 4.50%5.50%5.50%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 1351 - WPC Operations Pay 4.50%5.50%5.50%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 1352 - WPC Lab Pay 4.50%5.50%5.50%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 1353 - Industrial Pretreatment Pay 4.50%5.50%5.50%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 2051 - Water Distribution Pay 4.50%5.50%5.50%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 2053 - Water Supply Pay 4.50%5.50%5.50%5.00%5.00%5.00%5.00%5.00%5.00%5.00% 2054 - Reclaimed Water Pay 4.50%5.50%5.50%5.00%5.00%5.00%5.00%5.00%5.00%5.00% CWA Life Health Insurance 10.00%7.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% $1,000-$4,999 Mach & Equip Inflation 5.00%4.50%4.00%3.50%3.00%3.00%3.00%3.00%3.00%3.00% Interest-Leased Equipt No Escalation 0.00%0.00%0.00%0.00%0.00%0.00%0.00%0.00%0.00%0.00% Interest Other No Escalation 0.00%0.00%0.00%0.00%0.00%0.00%0.00%0.00%0.00%0.00% Uniform Rentals Inflation 5.00%4.50%4.00%3.50%3.00%3.00%3.00%3.00%3.00%3.00% Salaries & Wages-Full Time Pay 4.50%5.50%5.50%5.00%5.00%5.00%5.00%5.00%5.00%5.00% Salaries & Wages-Overtime Pay 4.50%5.50%5.50%5.00%5.00%5.00%5.00%5.00%5.00%5.00% City of Clearwater | FY 2022 Water, Sewer, and Reclaimed Water Revenue Sufficiency Analysis Stantec | 19 Appendix: Supporting Financial Schedules Cost Escalation Factors Schedule 5 Description Escalation Factor FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 Major Medical Insurance Health Insurance 10.00%7.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% Social Security Pay 4.50%5.50%5.50%5.00%5.00%5.00%5.00%5.00%5.00%5.00% Pension Plan Contribution Pension Contribution 6.50%7.75%8.50%8.50%8.50%8.50%8.50%8.50%8.50%8.50% Life Insurance-CWA Health Insurance 10.00%7.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% Utilities-Electric Inflation 5.00%4.50%4.00%3.50%3.00%3.00%3.00%3.00%3.00%3.00% Utilities-Gas Water Sanitation Inflation 5.00%4.50%4.00%3.50%3.00%3.00%3.00%3.00%3.00%3.00% Interfund Svc Chgs-Gen Fd Ops Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% Interfund Svc Chgs-Gen Fd Adm Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% Printing Services Inflation 5.00%4.50%4.00%3.50%3.00%3.00%3.00%3.00%3.00%3.00% Rentals-Equipment Inflation 5.00%4.50%4.00%3.50%3.00%3.00%3.00%3.00%3.00%3.00% Rentals-Uniforms Inflation 5.00%4.50%4.00%3.50%3.00%3.00%3.00%3.00%3.00%3.00% Ins Premiums Inflation 5.00%4.50%4.00%3.50%3.00%3.00%3.00%3.00%3.00%3.00% Repairs & Svc-Other Equip Inflation 5.00%4.50%4.00%3.50%3.00%3.00%3.00%3.00%3.00%3.00% Travel Expense-Employee Inflation 5.00%4.50%4.00%3.50%3.00%3.00%3.00%3.00%3.00%3.00% Mileage Reimb-Employee Inflation 5.00%4.50%4.00%3.50%3.00%3.00%3.00%3.00%3.00%3.00% Other Charges Inflation 5.00%4.50%4.00%3.50%3.00%3.00%3.00%3.00%3.00%3.00% Operating Supplies Inflation 5.00%4.50%4.00%3.50%3.00%3.00%3.00%3.00%3.00%3.00% Memberships Subs Lic Emp Inflation 5.00%4.50%4.00%3.50%3.00%3.00%3.00%3.00%3.00%3.00% Training & Ref Emp Inflation 5.00%4.50%4.00%3.50%3.00%3.00%3.00%3.00%3.00%3.00% Info Tech Chgs-Fixed Internal Service Charges 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% Default Inflation Factor 5.00%4.50%4.00%3.50%3.00%3.00%3.00%3.00%3.00%3.00% Weighted Average Increase 2 4.53%4.59%4.24%3.80%3.65%-4.62%4.10%4.12%4.13%4.14% 1 Reflects the percentage of Salaries & Wages as provided by staff. 2 The Weighted Average Increase in O&M Expenses is reflective of the cost escalation factors presented on this schedule. City of Clearwater | FY 2022 Water, Sewer, and Reclaimed Water Revenue Sufficiency Analysis Stantec | 20 Appendix: Supporting Financial Schedules Capital Improvement Program Schedule 6 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 Total CIP Spending From Water & Sewer Revenue 1 Funding From 321 - Operating / Revenue Fund 2 96212 Sanitary Sewer Upgrades /Improvements - Total Expenses $ 13,869,537 - 1,250,000 1,250,000 1,360,000 3,416,230 3,416,230 - - - - 24,561,997 3 96213 Marshall Street Upgrades /Improvements - Total Expenses 10,289,565 4,300,000 4,250,000 3,134,000 450,000 1,000,000 - - - - - 23,423,565 4 96214 East Plant Upgrades /Improvements - Total Expenses 2,486,050 1,000,000 700,000 2,567,000 500,000 - - - - - - 7,253,050 5 96215 North East Plant Upgrades /Improvements - Total Expenses 28,090,510 3,000,000 526,817 711,690 3,200,000 2,445,000 - - - - - 37,974,017 6 96216 Laboratory Upgrades - Total Expenses 1,142,912 - - - - - - - - - - 1,142,912 7 96526 Admin Building Upgrades/Improvements - Total Expenses 1,004,306 100,000 100,000 100,000 100,000 100,000 - - - - - 1,504,306 8 96630 Sanitary Sewer Extention - Total Expenses 2,577,661 137,540 237,540 237,540 237,540 237,540 237,540 - - - - 3,902,901 9 96654 Facilities Upgrade&Improv - Total Expenses 3,107,231 - 270,000 320,000 300,000 250,000 - - - - - 4,247,231 10 96664 WPC R&R - Total Expenses 4,541,362 - 375,000 2,000,000 2,000,000 2,000,000 220,000 - - - - 11,136,362 11 96665 Sanitar Sewer R&R - Total Expenses 9,362,266 - 2,100,000 2,900,000 2,900,000 2,000,000 - - - - - 19,262,266 12 96686 Pump Station Replacement - Total Expenses 6,670,230 2,000,000 2,000,000 2,000,000 1,365,000 3,252,500 1,065,000 - - - - 18,352,730 13 96721 System R&R - Total Expenses 1,171,902 6,500,000 625,000 250,000 250,000 250,000 250,000 - - - - 9,296,902 14 96722 Line Relocation R&R - Total Expenses 4,200,000 426,500 850,000 750,000 750,000 1,500,000 - - - - - 8,476,500 15 96739 Reclaimed Water Dist Sys - Total Expenses 1,940,016 300,000 950,000 450,000 650,000 500,000 - - - - - 4,790,016 16 96742 Line Relocation Improvements - Total Expenses 1,613,495 - 200,000 200,000 200,000 200,000 - - - - - 2,413,495 17 96744 System Expansion - Total Expenses 516,659 236,000 236,000 236,000 236,000 236,000 236,000 - - - - 1,932,659 18 96764 RO Plant Exp-Res #1 - Total Expenses 3,328,300 - 630,000 - 150,000 1,350,000 - - - - - 5,458,300 19 96767 RO Plant at Res 2 - Total Expenses 7,713,167 1,000,000 1,000,000 3,200,000 3,200,000 500,000 75,000 - - - - 16,688,167 20 96773 Groundwater Replenishment Facility - Total Expenses 13,862,083 - - - 17,900,000 - - - - - - 31,762,083 21 96782 Reverse Osmosis Plant @ WTP#3 - Total Expenses 1,725,076 1,000,000 4,000,000 4,000,000 500,000 1,267,500 8,000,000 - - - - 20,492,576 22 96783 Water System Upgrades/Improvements 6,949,667 - 1,350,000 2,070,000 2,275,000 3,000,000 3,200,000 - - - - 18,844,667 23 96786 Devices/Equipments Water 1,100,000 - 225,000 675,000 200,000 200,000 300,000 - - - - 2,700,000 24 C2102 Fort Harrison Reconstruction (ENG) 2,250,000 2,508,500 - 1,684,090 - - - - - - - 6,442,590 25 G2206 Portable Generators 245,000 - - - - - - - - - - 245,000 26 M2008 Additional Vehicles & Equip - Sewer 755 - - - - - - - - - - 755 27 M2103 Utilities Building & Maintenance 990,808 - - - - - - - - - - 990,808 28 ENGF180012 Public Works Complex - - 202,140 5,560,370 502,120 5,196,920 - - - - - 11,461,550 29 Funding From 327 - Renewal & Replacement Fund 30 96214 East Plant Upgrades /Improvements - Total Expenses 1,320,000 - - - - - - - - - - 1,320,000 31 96217 Pump Station R&R - Total Expenses 1,358,409 - - - 550,000 2,296,800 - - - - - 4,205,209 32 96523 Pub Util Adm Bldg R&R - Total Expenses 120,009 - - - - - - - - - - 120,009 33 96634 Sanitary Utility Relocation - Total Expenses 1,274,529 - 60,000 60,000 60,000 60,000 60,000 - - - - 1,574,529 34 96645 Laboratory Upgrades - Total Expenses 20,000 - - - - - - - - - - 20,000 35 96664 WPC R&R - Total Expenses 6,137,455 3,000,000 2,895,000 1,775,000 1,115,000 1,800,000 - - - - - 16,722,455 36 96665 Sanitar Sewer R&R - Total Expenses 7,808,818 6,000,000 5,256,398 7,233,671 6,640,489 5,000,000 5,000,000 - - - - 42,939,376 37 96721 System R&R - Total Expenses 1,816,496 - 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 - - - - 6,816,496 38 96722 Line Relocation R&R - Total Expenses 2,893,410 200,000 1,600,000 1,005,000 600,000 1,000,000 - - - - - 7,298,410 39 96783 Water System Upgrades/Improvements 1,799,466 - - - - - - - - - - 1,799,466 40 96784 Reclaimed Dist. System R&R - Total Expenses 1,348,476 1,000,000 1,670,445 1,547,446 3,651,683 3,366,650 200,000 - - - - 12,784,700 41 96785 Feasibility Study/Eval-Water - Total Expenses 1,542,584 50,000 50,000 50,000 50,000 50,000 50,000 - - - - 1,842,584 42 C2102 Fort Harrison Reconstruction (ENG) 1,593,350 1,725,590 690,340 2,771,020 3,579,550 - - - - - - 10,359,850 43 C2103 Downtown Streetscaping 3,590,812 - - - - - - - - - - 3,590,812 44 G2206 Portable Generators - - - - - - - - - - - - 45 M1905 Marshall Street Plant R&R 3,957,135 - 1,855,000 3,155,000 2,100,000 1,100,000 590,000 - - - - 12,757,135 46 M1906 Northeast Plant R&R 1,598,800 250,000 1,040,000 535,000 525,000 4,865,000 125,000 - - - - 8,938,800 47 M1907 East Plant R&R 4,896,821 - 1,000,000 1,785,000 1,100,000 688,000 250,000 - - - - 9,719,821 48 M1908 RO #1 R&R 1,259,845 - 100,000 100,000 300,000 300,000 1,015,000 - - - - 3,074,845 49 M1909 RO #2 R&R 1,183,454 - 200,000 200,000 200,000 200,000 200,000 - - - - 2,183,454 50 M1910 WTP3 R&R 896,805 - 500,000 500,000 500,000 500,000 500,000 - - - - 3,396,805 City of Clearwater | FY 2022 Water, Sewer, and Reclaimed Water Revenue Sufficiency Analysis Stantec | 21 Appendix: Supporting Financial Schedules Capital Improvement Program Schedule 6 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 Total 51 Unspecified Future Needs - Water - - - - - - 12,500,000 25,000,000 25,000,000 25,000,000 25,000,000 112,500,000 52 Unspecified Future Needs - Sewer - - - - - - 22,500,000 35,000,000 35,000,000 35,000,000 35,000,000 162,500,000 53 Funding From Other Sources 54 96773 Groundwater Replenishment Facility - Total Expenses - - - - 6,358,000 10,000,000 - - - - - 16,358,000 55 G2206 Portable Generators 385,000 - - - - - - - - - - 385,000 56 Water Impact Fees / Expansion Projects - - - - - - - 50,000 50,000 50,000 50,000 200,000 57 Sewer Impact Fees / Expanstion Projects - - - - - - - 160,000 160,000 160,000 160,000 640,000 58 Total CIP Budget (in current dollars) $ 177,550,231 34,734,130 39,994,680 56,012,827 67,555,382 61,128,140 60,989,770 60,210,000 60,210,000 60,210,000 60,210,000 738,805,160 59 Cumulative Projected Cost Escalation 1 0.00%3.00%6.09%9.27%12.55%15.93%19.41%22.99%26.68%30.48%34.39% 60 Total CIP Budget (future year dollars) $ 177,550,231 35,776,154 42,430,356 61,206,728 76,034,178 70,864,268 72,824,975 74,050,705 76,272,227 78,560,393 80,917,205 846,487,420 61 Plus/Less: CIP Re-distribution from Panel 2 $ (135,129,072) 26,000,000 32,000,000 18,000,000 - - 7,500,000 7,500,000 7,500,000 7,500,000 7,500,000 62 Annual CIP Execution Percentage 2 23.89%174.85%180.01%132.14%100.00%100.00%112.30%112.46%112.46%112.46%112.46% 63 Final CIP Funding Level $ 42,421,159 62,556,154 76,379,156 80,875,814 76,034,178 70,864,268 81,780,367 83,274,759 85,773,002 88,346,192 90,996,578 839,301,628 1 CIP Escalation factors applied reflect the Engineering News Record Construction Cost Index. 2 City staff provided Stantec with anticipated annual CIP spending. As such, $135M of FY 2022 and unspent prior year appropriations were deferred in FY 2022 and re-distributed into other future years of the projection. City of Clearwater | FY 2022 Water, Sewer, and Reclaimed Water Revenue Sufficiency Analysis Stantec | 22 Appendix: Supporting Financial Schedules FAMS - Control Panel Schedule 7 CLEARWATER, FL FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2026 FY 2032 Water Rate Plan 4.00%3.00%3.00%3.00%3.00%3.00%4.00%4.00%4.00%4.00%4.00%12.53%41.08% Sewer Rate Plan 4.00%3.00%3.00%3.00%3.00%3.00%4.00%4.00%4.00%4.00%4.00%12.58%41.07% Reclaimed Rate Plan 4.00%3.00%3.00%3.00%3.00%3.00%4.00%4.00%4.00%4.00%4.00% Senior-Lien DSC 6.25 6.45 6.49 6.49 6.51 6.59 7.36 5.54 5.11 4.17 3.94 Scenario Manager All-In DSC 6.25 6.45 6.49 6.49 6.51 6.59 7.36 5.54 5.11 4.17 3.94 Water & Sewer Bill @ 3 Kgals $59.55 $61.34 $63.18 $65.08 $67.03 $69.05 $71.81 $74.68 $77.67 $80.78 $84.01 $0.0M $30.0M $60.0M $90.0M $120.0M $150.0M $180.0M 22 23 24 25 26 27 28 29 30 31 32 Other Sources Impact Fees Debt Operating/Cash R&R $0.0M $30.0M $60.0M $90.0M $120.0M $150.0M $180.0M 22 23 24 25 26 27 28 29 30 31 32 Current Plan Target $0.0M $30.0M $60.0M $90.0M $120.0M $150.0M $180.0M 22 23 24 25 26 27 28 29 30 31 32 Current Plan $0.0M $30.0M $60.0M $90.0M $120.0M $150.0M $180.0M 22 23 24 25 26 27 28 29 30 31 32 Cash Out Less CIP Cash In Cash Out $0.0M $30.0M $60.0M $90.0M $120.0M $150.0M $180.0M 22 23 24 25 26 27 28 29 30 31 32 Current Plan Operating Fund CIP Spending Revenues vs. Expenses CIP Funding Borrowing CALC SAVE CTRL LAST OVR $0.0M$20.0M$40.0M$60.0M$80.0M$100.0M$120.0M$140.0M$160.0M 22 23 24 25 26 27 28 29 30 31 32 Current Plan Interim Financing City of Clearwater | FY 2022 Water, Sewer, and Reclaimed Water Revenue Sufficiency Analysis Stantec | 23 Appendix: Supporting Financial Schedules Forecast of Net Revenues & Debt Service Coverage Schedule 8 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 1 Operating Revenue 2 Water, Sewer And Reclaimed Rate Revenue 94,585,707$ 94,585,707$ 97,181,676$ 99,852,090$ 102,599,172$ 105,425,214$ 108,332,578$ 112,290,237$ 116,399,012$ 120,664,896$ 125,094,129$ 3 Change in Revenue From Growth - 81,023 83,001 85,038 87,134 89,294 91,518 95,226 99,100 103,149 107,382 4 Subtotal 94,585,707$ 94,666,730$ 97,264,678$ 99,937,128$ 102,686,307$ 105,514,508$ 108,424,097$ 112,385,463$ 116,498,112$ 120,768,046$ 125,201,511$ 5 Weighted Average Rate Increase 0.00%3.00%3.00%3.00%3.00%3.00%4.00%4.00%4.00%4.00%4.00% 6 Additional Rate Revenue From Rate Increase - 2,840,002 2,917,940 2,998,114 3,080,589 3,165,435 4,336,964 4,495,419 4,659,924 4,830,722 5,008,060 7 Price Elasticity Adjustment - (325,056) (330,528) (336,070) (341,682) (347,365) (470,824) (481,870) (493,140) (504,639) (516,368) 8 Total Rate Revenue 94,585,707$ 97,181,676$ 99,852,090$ 102,599,172$ 105,425,214$ 108,332,578$ 112,290,237$ 116,399,012$ 120,664,896$ 125,094,129$ 129,693,203$ 9 Plus: Other Operating Revenue 6,509,016 6,610,980 6,763,081 6,919,452 7,080,213 7,245,487 7,475,588 7,714,449 7,962,405 8,219,799 8,486,990 10 Equals: Total Operating Revenue 101,094,723$ 103,792,656$ 106,615,171$ 109,518,624$ 112,505,427$ 115,578,065$ 119,765,825$ 124,113,461$ 128,627,301$ 133,313,928$ 138,180,193$ 11 Less: Operating Expenses 12 Personal Services (13,949,699)$ (14,796,433)$ (15,796,012)$ (16,746,422)$ (17,583,743)$ (18,462,931)$ (19,386,077)$ (20,355,381)$ (21,373,150)$ (22,441,807)$ (23,563,898)$ 13 Purchased Water Costs (7,426,566) (7,420,644) (7,412,990) (7,403,562) (7,392,316) (7,379,207) (2,474,732) (2,499,480) (2,524,474) (2,549,719) (2,575,216) 14 Operations & Maintenance Costs (26,678,801) (28,012,692) (29,328,358) (30,617,194) (31,871,024) (33,082,275) (34,342,620) (35,654,169) (37,019,128) (38,439,802) (39,918,601) 15 Equals: Net Operating Income 53,039,657$ 53,562,887$ 54,077,811$ 54,751,447$ 55,658,344$ 56,653,652$ 63,562,395$ 65,604,432$ 67,710,549$ 69,882,599$ 72,122,478$ 16 Plus: Non-Operating Income/(Expense) 17 Non-Operating Revenue 44,000$ 44,000$ 44,000$ 44,000$ 44,000$ 44,000$ 44,000$ 44,000$ 44,000$ 44,000$ 44,000$ 18 Interest Income 1,534,973 2,854,613 2,742,482 1,968,006 1,224,459 801,875 666,490 714,219 791,817 875,376 960,009 19 Water Impact Fees 52,800 52,800 52,800 52,800 52,800 52,800 52,800 52,800 52,800 52,800 52,800 20 Sewer Impact Fees 135,000 135,000 135,000 135,000 135,000 135,000 135,000 135,000 135,000 135,000 135,000 Transfers In - - - - - - - - - - - 21 Equals: Net Income 54,806,430$ 56,649,301$ 57,052,092$ 56,951,253$ 57,114,603$ 57,687,327$ 64,460,685$ 66,550,451$ 68,734,166$ 70,989,775$ 73,314,287$ 22 Less: Revenues Excluded From Coverage Test 23 Impact Fees (187,800)$ (187,800)$ (187,800)$ (187,800)$ (187,800)$ (187,800)$ (187,800)$ (187,800)$ (187,800)$ (187,800)$ (187,800)$ Transfers In - - - - - - - - - - - 24 Equals: Net Income Available For Debt Service 54,618,630$ 56,461,501$ 56,864,292$ 56,763,453$ 56,926,803$ 57,499,527$ 64,272,885$ 66,362,651$ 68,546,366$ 70,801,975$ 73,126,487$ 25 Senior Lien Debt Service Coverage Test 26 Net Income Available for Senior-Lien Debt Service 54,618,630$ 56,461,501$ 56,864,292$ 56,763,453$ 56,926,803$ 57,499,527$ 64,272,885$ 66,362,651$ 68,546,366$ 70,801,975$ 73,126,487$ 27 Existing Senior-Lien Debt 8,745,155 8,756,255 8,756,880 8,746,060 8,743,610 8,729,280 8,727,760 8,713,740 8,706,905 8,691,945 8,688,490 28 Cumulative New Senior Lien Debt Service (calculated)- - - - - - - 3,264,827 4,720,132 8,288,538 9,879,164 29 Total Annual Senior-Lien Debt Service Req.8,745,155$ 8,756,255$ 8,756,880$ 8,746,060$ 8,743,610$ 8,729,280$ 8,727,760$ 11,978,567$ 13,427,037$ 16,980,483$ 18,567,654$ 30 Calculated Senior-Lien Debt Service Coverage 1.50 6.25 6.45 6.49 6.49 6.51 6.59 7.36 5.54 5.11 4.17 3.94 31 Cash Flow Test 32 Net Income Available For Debt Service 54,618,630$ 56,461,501$ 56,864,292$ 56,763,453$ 56,926,803$ 57,499,527$ 64,272,885$ 66,362,651$ 68,546,366$ 70,801,975$ 73,126,487$ 33 Less: Non-Operating Expenditures 34 Net Interfund Transfers (In - Out)(23,973,510) (18,693,895) (20,043,160) (21,333,917) (21,600,056) (21,876,493) (22,177,991) (22,610,936) (23,069,824) (23,547,657) (24,043,931) 35 Net Debt Service Payment (8,745,155) (8,756,255) (8,756,880) (8,746,060) (8,743,610) (8,829,179) (9,409,016) (11,978,567) (14,020,534) (16,980,483) (19,258,632) 36 Capital Outlay (518,730) (524,480) (530,386) (536,445) (542,653) (549,008) (555,664) (562,634) (569,934) (577,579) (585,587) 37 Net Cash Flow 21,381,235$ 28,486,871$ 27,533,866$ 26,147,031$ 26,040,484$ 26,244,847$ 32,130,215$ 31,210,514$ 30,886,074$ 29,696,255$ 29,238,337$ 38 Unrestricted Reserve Fund Test 39 Balance At Beginning Of Fiscal Year 155,630,142$ 146,511,609$ 135,068,167$ 105,564,804$ 66,752,518$ 39,812,064$ 29,462,207$ 28,101,715$ 29,254,515$ 30,458,376$ 31,715,664$ 40 Cash Flow Surplus/(Deficit)21,381,235 28,486,871 27,533,866 26,147,031 26,040,484 26,244,847 32,130,215 31,210,514 30,886,074 29,696,255 29,238,337 42 Projects Paid With Non Specified Funds (30,499,767) (39,930,314) (57,037,229) (64,959,317) (52,980,938) (36,594,704) (33,490,707) (30,057,714) (29,682,212) (28,438,967) (27,925,143) 43 Balance At End Of Fiscal Year 146,511,609$ 135,068,167$ 105,564,804$ 66,752,518$ 39,812,064$ 29,462,207$ 28,101,715$ 29,254,515$ 30,458,376$ 31,715,664$ 33,028,858$ 44 Minimum Working Capital Reserve Target 24,027,533 25,114,884 26,268,680 27,383,589 28,423,542 29,462,207 28,101,715 29,254,515 30,458,376 31,715,664 33,028,858 45 Excess/(Deficiency) Of Working Capital To Target 122,484,077$ 109,953,283$ 79,296,124$ 39,368,929$ 11,388,523$ -$ -$ -$ -$ -$ -$ City of Clearwater | FY 2022 Water, Sewer, and Reclaimed Water Revenue Sufficiency Analysis Stantec | 24 Appendix: Supporting Financial Schedules Capital Project Funding Summary Schedule 9 Final Capital Projects Funding Sources FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 Water Impact Fees 123,443$ 359,848 52,800 52,800 52,800 52,800 52,800 52,800 52,800 52,800 52,800 Sewer Impact Fees 615,867 247,709 453,638 342,979 267,353 275,374 318,514 221,292 227,930 234,768 241,811 Penny 4 Pinellas - - - - - - - - - - - Other Capital Sources 91,986 - - - 7,155,985 11,592,741 - - - - - Renewal & Replacement 11,090,096 22,018,283 18,835,489 15,520,718 15,577,101 15,688,701 15,821,197 16,023,816 16,243,584 16,473,156 16,711,665 Revenue Fund 30,499,767 39,930,314 57,037,229 64,959,317 52,980,938 36,594,704 33,490,707 30,057,714 29,682,212 28,438,967 27,925,143 Senior-Lien Debt Proceeds - - - - - 6,659,948 32,097,149 36,919,138 39,566,476 43,146,501 46,065,159 Projects Designated To Be Paid With Cash - - - - - - - - - - - Total Projects Paid 42,421,159$ 62,556,154 76,379,156 80,875,814 76,034,178 70,864,268 81,780,367 83,274,759 85,773,002 88,346,192 90,996,578 City of Clearwater | FY 2022 Water, Sewer, and Reclaimed Water Revenue Sufficiency Analysis Stantec | 25 Appendix: Supporting Financial Schedules Funding Summary by Fund Schedule 10 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 Water Impact Fees Balance At Beginning Of Fiscal Year 377,691$ 307,048 - - - - - - - - - Annual Revenues 52,800 52,800 52,800 52,800 52,800 52,800 52,800 52,800 52,800 52,800 52,800 Less: Annual Expenses - - - - - - - - - - - Less: Payment Of Debt Service - - - - - - - - - - - Subtotal 430,491 359,848 52,800 52,800 52,800 52,800 52,800 52,800 52,800 52,800 52,800 Less: Restricted Funds - - - - - - - - - - - Total Amount Available For Projects 430,491 359,848 52,800 52,800 52,800 52,800 52,800 52,800 52,800 52,800 52,800 Amount Paid For Projects (123,443) (359,848) (52,800) (52,800) (52,800) (52,800) (52,800) (52,800) (52,800) (52,800) (52,800) Subtotal 307,048 - - - - - - - - - - Add Back: Restricted Funds - - - - - - - - - - - Plus: Interest Earnings 3,424 3,070 - - - - - - - - - Less: Interest Allocated To Cash Flow (3,424) (3,070) - - - - - - - - - Balance At End Of Fiscal Year 307,048$ - - - - - - - - - - Sewer Impact Fees Balance At Beginning Of Fiscal Year 2,324,477$ 1,843,610 1,730,900 1,412,262 1,204,283 1,071,930 931,556 748,041 661,750 568,820 469,052 Annual Revenues 135,000 135,000 135,000 135,000 135,000 135,000 135,000 135,000 135,000 135,000 135,000 Less: Annual Expenses - - - - - - - - - - - Less: Payment Of Debt Service - - - - - - - - - - - Subtotal 2,459,477 1,978,610 1,865,900 1,547,262 1,339,283 1,206,930 1,066,556 883,041 796,750 703,820 604,052 Less: Restricted Funds - - - - - - - - - - - Total Amount Available For Projects 2,459,477 1,978,610 1,865,900 1,547,262 1,339,283 1,206,930 1,066,556 883,041 796,750 703,820 604,052 Amount Paid For Projects (615,867) (247,709) (453,638) (342,979) (267,353) (275,374) (318,514) (221,292) (227,930) (234,768) (241,811) Subtotal 1,843,610 1,730,900 1,412,262 1,204,283 1,071,930 931,556 748,041 661,750 568,820 469,052 362,240 Add Back: Restricted Funds - - - - - - - - - - - Plus: Interest Earnings 20,840 35,745 35,361 29,436 25,607 22,539 18,895 15,860 13,844 11,676 9,352 Less: Interest Allocated To Cash Flow (20,840) (35,745) (35,361) (29,436) (25,607) (22,539) (18,895) (15,860) (13,844) (11,676) (9,352) Balance At End Of Fiscal Year 1,843,610$ 1,730,900 1,412,262 1,204,283 1,071,930 931,556 748,041 661,750 568,820 469,052 362,240 Other Capital Sources Balance At Beginning Of Fiscal Year -$ - - - - - - - - - - Annual Revenues 91,986 - - - 7,155,985 11,592,741 - - - - - Less: Annual Expenses - - - - - - - - - - - Less: Payment Of Debt Service - - - - - - - - - - - Subtotal 91,986 - - - 7,155,985 11,592,741 - - - - - Less: Restricted Funds - - - - - - - - - - - Total Amount Available For Projects 91,986 - - - 7,155,985 11,592,741 - - - - - Amount Paid For Projects (91,986) - - - (7,155,985) (11,592,741) - - - - - Subtotal - - - - - - - - - - - Add Back: Restricted Funds - - - - - - - - - - - Plus: Interest Earnings - - - - - - - - - - - Less: Interest Allocated To Cash Flow - - - - - - - - - - - City of Clearwater | FY 2022 Water, Sewer, and Reclaimed Water Revenue Sufficiency Analysis Stantec | 26 Appendix: Supporting Financial Schedules Funding Summary by Fund Schedule 10 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 Balance At End Of Fiscal Year -$ - - - - - - - - - - Renewal & Replacement Balance At Beginning Of Fiscal Year 5,243,751$ 13,210,166 4,500,925 50,635 570 6 0 0 0 0 0 Annual Revenues 18,964,700 13,133,685 14,334,563 15,470,083 15,576,532 15,688,694 15,821,197 16,023,816 16,243,584 16,473,156 16,711,665 Less: Annual Expenses - - - - - - - - - - - Less: Payment Of Debt Service - - - - - - - - - - - Subtotal 24,208,451 26,343,851 18,835,489 15,520,718 15,577,101 15,688,701 15,821,197 16,023,816 16,243,584 16,473,156 16,711,665 Less: Restricted Funds - - - - - - - - - - - Total Amount Available For Projects 24,208,451 26,343,851 18,835,489 15,520,718 15,577,101 15,688,701 15,821,197 16,023,816 16,243,584 16,473,156 16,711,665 Amount Paid For Projects (11,090,096) (22,018,283) (18,835,489) (15,520,718) (15,577,101) (15,688,701) (15,821,197) (16,023,816) (16,243,584) (16,473,156) (16,711,665) Subtotal 13,118,355 4,325,568 - - - - - - - - - Add Back: Restricted Funds - - - - - - - - - - - Plus: Interest Earnings 91,811 175,357 50,635 570 6 0 0 0 0 0 0 Less: Interest Allocated To Cash Flow - - - - - - - - - - - Balance At End Of Fiscal Year 13,210,166$ 4,500,925 50,635 570 6 0 0 0 0 0 0 Revenue Fund Balance At Beginning Of Fiscal Year 155,630,142$ 146,511,609 135,068,167 105,564,804 66,752,518 39,812,064 29,462,207 28,101,715 29,254,515 30,458,376 31,715,664 Net Cash Flow 21,381,235 28,486,871 27,533,866 26,147,031 26,040,484 26,244,847 32,130,215 31,210,514 30,886,074 29,696,255 29,238,337 Less: Cash-Funded Capital Projects - - - - - - - - - - - Less: Payment Of Debt Service - - - - - - - - - - - Subtotal 177,011,377 174,998,481 162,602,033 131,711,835 92,793,002 66,056,911 61,592,422 59,312,229 60,140,588 60,154,631 60,954,001 Less: Restricted Funds (24,027,533) (25,114,884) (26,268,680) (27,383,589) (28,423,542) (29,462,207) (28,101,715) (29,254,515) (30,458,376) (31,715,664) (33,028,858) Total Amount Available For Projects 152,983,844 149,883,596 136,333,353 104,328,246 64,369,461 36,594,704 33,490,707 30,057,714 29,682,212 28,438,967 27,925,143 Amount Paid For Projects (30,499,767) (39,930,314) (57,037,229) (64,959,317) (52,980,938) (36,594,704) (33,490,707) (30,057,714) (29,682,212) (28,438,967) (27,925,143) Subtotal 122,484,077 109,953,283 79,296,124 39,368,929 11,388,523 - - - - - - Add Back: Restricted Funds 24,027,533 25,114,884 26,268,680 27,383,589 28,423,542 29,462,207 28,101,715 29,254,515 30,458,376 31,715,664 33,028,858 Plus: Interest Earnings 1,510,709 2,815,798 2,707,121 1,938,570 1,198,852 779,336 647,594 645,258 671,770 699,458 728,376 Less: Interest Allocated To Cash Flow (1,510,709) (2,815,798) (2,707,121) (1,938,570) (1,198,852) (779,336) (647,594) (645,258) (671,770) (699,458) (728,376) Balance At End Of Fiscal Year 146,511,609$ 135,068,167 105,564,804 66,752,518 39,812,064 29,462,207 28,101,715 29,254,515 30,458,376 31,715,664 33,028,858 City of Clearwater | FY 2022 Water, Sewer, and Reclaimed Water Revenue Sufficiency Analysis Stantec | 27 Appendix: Supporting Financial Schedules Funding Summary by Fund Schedule 10 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 Restricted Reserves Balance At Beginning Of Fiscal Year (0)$ (0) (0) (0) (0) (0) (0) (0) 4,720,132 4,720,132 9,879,164 Additional Funds:- - - - - - - - - - - Debt Service Reserve On New Debt - - - - - - - 4,720,132 - 5,159,033 - Other Additional Funds - - - - - - - - - - - Subtotal (0) (0) (0) (0) (0) (0) (0) 4,720,132 4,720,132 9,879,164 9,879,164 Plus: Interest Earnings - - - - - - - 53,101 106,203 164,242 222,281 Less: Interest Allocated To Cash Flow - - - - - - - (53,101) (106,203) (164,242) (222,281) Balance At End Of Fiscal Year (0)$ (0) (0) (0) (0) (0) (0) 4,720,132 4,720,132 9,879,164 9,879,164 City of Clearwater | FY 2022 Water, Sewer, and Reclaimed Water Revenue Sufficiency Analysis Stantec | 28 Appendix: Supporting Financial Schedules Schedule 11 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 Term (Years)30 30 30 30 30 30 30 30 30 30 30 Interest Rate 4.00%4.00%4.00%4.00%4.00%4.00%4.00%4.00%4.00%4.00%4.00% Sources of Funds Par Amount -$ - - - - - - 81,620,677 - 89,210,162 - Uses of Funds Proceeds -$ - - - - - - 75,676,235 - 82,712,977 - Cost of Issuance 1.50%of Par -$ - - - - - - 1,224,310 - 1,338,152 - Underwriter's Discount - per $1,000 -$ - - - - - - - - - - Bond Insurance 0 times total Debt Service -$ - - - - - - - - - - Capitalized Interest 0 Years Interest -$ - - - - - - - - - - Debt Service Surety 0.00%of Debt Service -$ - - - - - - - - - - Debt Service Reserve 1 Year(s) of Debt Service -$ - - - - - - 4,720,132 - 5,159,033 - Other Costs -$ - - - - - - - - - - Total Uses -$ - - - - - - 81,620,677 - 89,210,162 - 1 Year Interest -$ - - - - - - 3,264,827 - 3,568,406 - Annual Debt Service -$ - - - - - - 4,720,132 - 5,159,033 - Total Debt Service -$ - - - - - - 141,603,955 - 154,770,975 - Cumulative New Annual Senior Lien Debt Service1 -$ - - - - - - 3,264,827 4,720,132 8,288,538 9,879,164 1Reflects interest-only payment due in year of issuance. Interim Financing Interim Financing being Utilized?Y N Y N Y Y Y N Y N Y Interim Financing Proceeds -$ $0 $0 $0 $0 $6,659,948 $32,097,149 $0 $39,566,476 $0 $46,065,159 Interest Payments -$ - - - - 99,899 681,256 - 593,497 - 690,977 EOY Balance -$ - - - - - - - - - 46,065,159 Proceeds to be Bond-Funded -$ - - - - - - 75,676,235 - 82,712,977 - Long-Term Borrowing Projections City of Clearwater | FY 2021 Water, Sewer, and Reclaimed Water Revenue Sufficiency Analysis Stantec | 29 1 City of Clearwater Utility Revenue Sufficiency Overview National Financial Consulting Practice 135+ Communities in Florida 35+ Specialists in utility& general fund financial management >375 Communities we have served, accounting for 20+% of the US population! 1.5K+ Studies in the last 10 years >550 Utilities in our benchmarking database $4B+ Debt supported in past five years 400+ Combined years of experience 3ALL SERVICES PROVIDED TO CITY3 Water & Sewer Revenue Sufficiency Analysis Solid Waste Revenue Sufficiency Analysis Stormwater Revenue Sufficiency Analysis General Fund Financial Sustainability Analysis Water & Sewer Rate Structure Evaluations Water & Sewer Impact Fee Studies Septic to Sewer Expansion Analysis Reclaimed Water Metering & Pricing Study Cooperative Funding Analysis Bulk Rate Analysis (Reclaimed Water) City’s Financial Management Consultants Since 2003 The Annual Revenue Sufficiency Analysis Process 4 Historical Financial Data Customer Demands Operating Costs Capital Costs Policy Considerations Regulatory Requirements Initial Model Set Up Conduct interactive work sessions & “what if” analysis Develop Financial Management Plan Model Set Up Inputs:Revenue Projections Operating Costs Projections Capital Funding Plan & New Debt Service Reserve, Coverage & KPI’s Rate Adjustment Requirements Customer Impacts Financial Management Plan Outputs: 5 City of Clearwater FY 2022 Stormwater RSA Update 6 Key Preliminary Assumptions $9.6M** Annual CIP execution thru FY 27 $0*** Regulatory costs $300K Garage Svc cost cuts thru FY 27 $8.1M* Early Retirement of Series 2013 * Series 2013 was retired on November 1, 2021. Series 2014 was also retired ahead of schedule on November 1, 2019. ** $12.8M annual CIP execution in FY 28 thru FY 32. *** Staff is keen to possible costs driven by regulation. However, estimated costs are not easily quantifiable. As such they are not reflected in the analysis. 100% Cash Funding of CIP (incl. vehicles) CITY OF CLEARWATER STORMWATER RSA UPDATE7 FY 18 FY 19 FY 20 FY 21 FY 22 FY 23 FY 24 FY 25 FY 26 FY 27 Stormwater 0.50%0.50%-8.50%0.00%0.00%1.75%1.75%1.75%1.75%1.75% Adjustments previously approved by Council and in effect For current consideration Historical Rate Adjustments Grant funding and budget efficiencies 88 Use of Reserves Cash Out > Cash In Pay Go CIP Pressure to bridge cash in and cash out $14.51$14.30 $13.40 $12.68$12.25$11.92 $10.93 $9.81$9.45$9.15$8.91 $7.92 $6.36 St. PeteBeachTampaClearwaterSt.Petersburg(Tier 2) DunedinBelleairSafetyHarborPinellasCounty (Med)GulfportTarponSpringsLargoPascoCountyHillsboroughCounty (Med) $0 $2 $4 $6 $8 $10 $12 $14 $16 Current Average FY 2022 Monthly Stormwater Rate Survey*CITY OF CLEARWATER STORMWATER RSA UPDATE9 *Rates for 1 ERU in effect as of October 1, 2021 Historical Stormwater Rate Per ERU Surveys 10 FY 2022 $14.51 $14.30 $13.40 $12.68 $12.25 $11.92 $10.93 $9.81 $9.45 $9.15 $8.91 $7.92 $6.36 St. Pete Beach Tampa Clearwater St. Petersburg(Tier 2) Dunedin Belleair Safety Harbor PinellasCounty Gulfport TarponSprings Largo Pasco County HillsboroughCounty (Med) $14.51 $13.73 $13.40 $12.07 $11.92 $11.26 $10.93 $9.81 $8.91 $8.45 $8.15 $7.92 $6.36 St. PeteBeach Tampa Clearwater Dunedin Belleair SafetyHarbor St.Petersburg PinellasCounty Largo Gulfport TarponSprings PascoCounty HillsboroughCounty FY 2021 $14.65 $13.47 $11.92 $11.49 $11.00 $10.30 $9.81 $7.92 $7.65 $6.65 $5.00 $4.95 $3.50 Clearwater St. Pete Beach Tampa Dunedin St. Petersburg Safety Harbor PinellasCounty Pasco County TarponSprings Largo Oldsmar Gulfport HillsboroughCounty FY 2019 $13.47 $13.40 $12.75 $11.89 $10.61 $10.00 $9.81 $8.15 $7.92 $7.70 $7.45 $6.65 $5.00 St. Pete Beach Clearwater Tampa Dunedin Safety Harbor St. Petersburg PinellasCounty TarponSprings Pasco County HillsboroughCounty Gulfport Largo Oldsmar FY 2020 Avg. $9.60Avg. $9.10 Avg. $10.24 Avg. $10.54 CITY OF CLEARWATER WATER & SEWER RSA UPDATE11 Questions / Discussion 12 City of Clearwater FY 2022 Water & Sewer RSA Update 13 Key Preliminary Assumptions $68M*** Annual CIP execution thru FY 27 110* New water accounts per year -0.5% Annual reduction in billed flows / account FY 28** 10.5 MGD City Water Production $82M**** Borrowing in FY 29 4.0% Future Interest Rates * 150 sewer accounts to reflect septic to public sewer conversions ** Expectation of 10.5 MGD production has been pushed from FY 2026 to reflect City staff’s latest expectations. *** $86M average annual CIP execution in FY 28 thru FY 32. **** Interim financing of $38.8M from FY 27 thru FY 28. 98% O&M execution CITY OF CLEARWATER WATER & SEWER RSA UPDATE14 FY 18 FY 19 FY 20 FY 21 FY 22 FY 23 FY 24 FY 25 FY 26 FY 27 Water* 6.25%4.00%4.00%4.00%4.00%4.00%4.00%4.00%4.00%4.00% Sewer 6.25%4.00%4.00%4.00%4.00%4.00%4.00%4.00%4.00%4.00% * Includes irrigation and reclaimed water rates. Adjustments previously approved by Council and in effect For current consideration Historical Rate Adjustments 1515 Maintenance of reserves Strong DSC Balanced CIP funding Rate pressure for balanced CIP funding CIP ramp up US CPI -Water & Sewerage Series 15-yr annual average = 4.81% 10-yr annual average = 3.93% 0% 20% 40% 60% 80% 100% 120% 0.0% 1.0% 2.0% 3.0% 4.0% 5.0% 6.0% 7.0% 8.0% 9.0%Cumula�ve IncreaseAnnual IncreaseAnnual Increase CPI Cumula�ve % Increase US CPI -Water & Sewerage Maintenance Series CITY OF CLEARWATER WATER & SEWER RSA UPDATE16 $- $ 10 $ 20 $ 30 $ 40 $ 50 $ 60 $ 70 $ 80 $ 90 $ 100 Wastewater Water Average FY 2022 Rate Survey at 3,000 Gallons*CITY OF CLEARWATER WATER & SEWER RSA UPDATE17 $59.55 *Rates in effect as of October 1, 2021 CITY OF CLEARWATER WATER & SEWER RSA UPDATE18 Questions / Discussion Questions?CITY OF CLEARWATER WATER & SEWER RSA UPDATE19 Andy Burnham Vice President andrew.burnham@stantec.com Leticia Doohaluk Managing Consultant leticia.doohaluk@stantec.com Drake Pierre-Odum Senior Financial Analyst drake.pierre-odum@stantec.com Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0834 Agenda Date: 8/18/2022 Status: Agenda ReadyVersion: 2 File Type: Action ItemIn Control: City Manager's Office Agenda Number: 10.4 SUBJECT/RECOMMENDATION: Provide direction on the budget. SUMMARY: Page 1 City of Clearwater Printed on 8/17/2022 To: Mayor and City Council Members From: Jon P. Jennings, City Manager At the special budget meetfng held on August 4, 2022, it was requested by Council to identffy cost savings measures in the proposed fiscal year 2022/23 operatfng budget that would equate to a 25% roll back of the city’s millage rate. The proposed rate for the upcoming year is 5.9550 mills, the same rate as levied in the current year. The full roll back rate is 5.3264 mills. To accomplish a 25% roll back, the proposed millage rate would need to be reduced by 0.1572 mills, which would reduce ad valorem revenues by $2,288,740. Staff has compiled a list of cuts that would be necessary to accomplish this task. Although savings are being identffied, I would not recommend that council make any of these cuts. The proposed budget was created with a focus on making the necessary investments to ensure a vibrant future for the City of Clearwater. This budget begins the process of bridging the gap for departments that require additfonal staff to provide our residents with the levels of service they expect while ensuring the proper accountability measures are maintained for accuracy and dependability. In additfon, with the approval of the Imagine Clearwater project, it was always antfcipated that additfonal staff would be required to program and maintain the park area. While some service levels were increased, this was done in response to residents and/or neighborhoods who consistently requested the ability to access enhanced public services. These short-term savings would have a relatfvely small impact on taxpayers ($15 annually for every $100,000 of taxable value) at a tfme when these funds will provide for necessary investments in our community impactfng both residents and employees. • Economic Development & Housing ($96,700) – eliminate the new FTE, Sr. Real Estate Coordinator. This positfon was added to enhance the expertfse in the coordinatfon of all the City’s property transactfons to include interactfon with other agencies as necessary. Eliminatfon leaves the current void in processing transactfons which results in burdening other departments with tasks, inability to complete processes tfmely, and inability to provide oversight of property management. • Fire Department ($52,820) – eliminate the new FTE, Payroll Technician. This positfon was added to ensure resiliency in the complex payroll process for the fire department – a mission critfcal task. Eliminatfon of this positfon puts the City and department at risk with inadequate “bench strength” to back up administratfve staff. • Human Resources ($102,110) – eliminate the new FTE, HR Manager. This positfon was added to create a centralized training program that will provide organizatfon-wide learning, employee development programs, a supervisor certfficatfon program and leadership development classes. This program is essentfal to the development of existfng staff at a tfme when personnel shortages are at a natfonwide high – investfng in current employees is critfcal to providing a healthy workforce. Our HR-to-employee ratfo is lower than the average of our comparators with 0.9 HR employees for every 100 FTEs. The eliminatfon of this positfon will contfnue to highlight the lack of appropriate HR staff impactfng our ability to meet objectfves and contfnue to provide quality service. • Informatfon Technology ($40,000) – eliminate the new FTE, Network Analyst. This positfon was added to better support computer and network users Citywide as we increase both the number of personnel and systems/technologies used in daily operatfons. These recently added functfonal solutfons have increased demands for support due to increased infrastructure deployment. Not adding this positfon decreases the support needed for these specialized solutfons which require increased training. This will slow response tfmes impactfng a large number of users, expand the impact of downtfme periods and increase inefficiencies. • Library ($281,360) – eliminate additfonal hours added (1.5 FTEs) for North Greenwood Branch (NGW) and eliminate an additfonal 2.5 FTEs ultfmately impactfng existfng library hours. The additfonal hours at NGW were added in response to community requests for the library to open Saturdays and increase morning access, as well as staff’s desire to better serve the surrounding neighborhood by making hours more equitable to other branches. Additfonal FTE eliminatfons would result in fewer programs offered to the community and the inability to adequately staff all branches at current levels at a tfme when residents are consistently requestfng additfonal hours. • Office of Innovatfon ($138,480) – eliminate two new FTEs, Neighborhood Coordinators. These positfons were added to enhance the connectfon between city staff and members of the community. Not adding these positfons would leave a team of only 2 people to support the community engagement plans developed for all of Clearwater’s neighborhoods. • Parks and Recreatfon ($706,270) – eliminate the new FTEs for the Custodial Team, eliminate the new FTEs for Downtown Core Programming, other service/FTE reductfons ultfmately impactfng recreatfon center hours and programs. o The Custodial Team of 4 FTEs was added to reopen 6 closed restrooms in neighborhood parks and to provide a better level of service for existfng sites maintained by outside contract. These closed park restrooms are a consistent complaint from families who frequent their neighborhood parks. These would remain closed and existfng restrooms at larger parks would remain contracted, which is a lower level of service to the community. o The Downtown Core Programming Team of 4.5 FTEs was added to provide recreatfon programing at Imagine Clearwater Park, Statfon Square Park, Festfval Plaza, and Crest Lake Park. This staff would be responsible for creatfng daily programming such as special events, outdoor classes (yoga, fitness, health, dog training, fishing etc.), and youth camps. Eliminatfng this new team would be a disservice to the major capital investment made in the constructfon of Imagine Clearwater/Coachman Park and the goal to actfvate the park, downtown and Crest Lake Park. o Existfng service level cuts would also be required at our recreatfon facilitfes; this includes the eliminatfon of approximately 3.5 FTEs. Recreatfon Center pool operatfng hours would be reduced to just summer swimming only (10-11 weeks) vs. the current practfce of opening one month prior and one month after the summer season. This will significantly impact the number of swim lessons that can be provided through our school aged learn-to-swim programs as well as the availability of our pools to be utflized by the public, thus degrading our service levels. Additfonal reductfons could require a decrease in operatfonal hours at various Recreatfon Centers by one hour a day. These reductfons would have a negatfve impact on our users (partfcularly those who work) and would likely realize decreased membership levels and revenue due to customers utflizing other alternatfves. • Planning and Development ($55,000) – eliminate an existfng FTE, Development Review Technician. This positfon serves as the first point of contact with the department and is responsible for all aspects of customer service related to the intake of paper and electronic permits. Eliminatfng this positfon would reduce the department’s capacity to provide tfmely customer service impactfng both in-person and phone assistance for applicants routfng of plans for building review, and calculatfng fees and processing payments. It would also hinder efforts related to the maintenance and retentfon of permitting records. • Police Department ($586,220) – eliminate Traffic Unit Officers (2 FTEs), Community Liaison Officers (2 FTEs), and the funding for the Mental Health Co-Responder agreement with Pinellas County Sheriff's Office (PCSO). The additfonal Officer positfons added in fiscal year 2022/23 to support the beach was a critfcal public safety need. As such, approval to hire was requested in February and staffing has been assigned to address the need during the peak spring break and summer season. The following cuts to existfng operatfons (programs/FTEs) would be required in the Police Department: o The Traffic Unit would be reduced by 2 officers, resultfng in a reductfon in traffic enforcement and limitfng the ability to respond to community complaints of traffic issues. Many traffic enforcement responsibilitfes would need to be absorbed by patrol officers, which would only be able to handle complaints as tfme permits. Recent data has shown an increase in traffic crashes and traffic crash related fatalitfes. Any reductfon in enforcement would reduce the ability to address traffic safety issues and trends. o The Community Liaison Team would be reduced by 2 officers, resultfng in community outreach becoming the responsibility of patrol zone officers, as tfme permits. A relatfonship with the community is vital to the success of any police department. Reducing these positfons will decrease the ability of the department to identffy and respond to community issues, gain cooperatfon in criminal investfgatfons, and decrease the legitfmacy and public trust. o We would eliminate our Mental Health Co-Responder agreement with PCSO. This program provides for a staffing partnership with PCSO with our funds providing for two Crisis Response Specialist which work with CPD officers to handle calls for service involving people with mental or behavioral health issues to include follow-up care and long-term case management. This program, which has been in place since 2021, has proven to be a valuable resource for CPD in our response to approximately 1,400 calls for service annually which involve issues related to mental illness. • Public Works ($200,000) – reduce capital funding transferred to the streets and sidewalk maintenance project by $200,000 annually. This funding was budgeted to provide adequate resources needed for street and sidewalk maintenance and improvement city-wide. While a recent focus has been on the back log of repairs, consistent future investment is needed to establish proactfve planning for contfnuous improvements that will provide residents and visitors safe access to streets and sidewalks within the City. In closing, I strongly urge you to approve the proposed budget as submitted. This budget represents an opportunity for great change in our community; emphasizing programs which result in stronger connectfons between the city and our residents, neighborhoods, and employees. Respectiully submitted, Jon P. Jennings City Manager City of Clearwater Neighborhoods Division A COMPARISON BETWEEN CURRENT CAPACITY AND ASPIRATIONAL GOALS What is the “Neighborhoods Division”? The Neighborhoods Division aims to empower residents and neighborhood associations to build community and create flourishing, connected neighborhoods. This division provides resources to residents looking to form a neighborhood association, facilitates and attends neighborhood meetings, organizes important community building events like Neighborhoods Day, issues permits for neighborhood block parties, and refers residents to resources for resolving neighborhood issues. Registered neighborhood associations receive important benefits like monthly newsletters, notices of planned development, involvement in neighborhood programs and projects, assistance in resolving neighborhood issues when possible, and more. What our Neighborhoods Value Proactive communication Assistance with navigating city staff/resources Connections to community resources Placemaking & public art Recognition Resources and incentives Preserving neighborhood history/identity Neighborhoods Day Neighborhood Division Strategies 1. Create more meaningful and proactive engagement with the community 2. Improve efficiency through improved internal/community connections and leveraging data 3. Help create a sense of place by supporting and highlighting neighborhood efforts 1. Create more meaningful and proactive engagement with the community BUILD TRANSPARENT, TRUSTED, AND STRONG RELATIONSHIPS WITH RESIDENTS AND NEIGHBORHOODS INCREASE PRESENCE AT NEIGHBORHOOD MEETINGS & COMMUNITY EVENTS UNDERSTAND THE NEEDS OF THE COMMUNITY THROUGH AUTHENTIC CONVERSATION AND FEEDBACK 2. Improve efficiency through improved internal/community connections and leveraging data Use data and metrics to measure neighborhood equity, access to services, community engagement, etc. Collaborate with internal city departments and develop citywide community engagement strategies Engage with community partners and stakeholders 3. Help create a sense of place by supporting and highlighting neighborhood efforts Empower residents to embrace their neighborhood identity and create a sense of place with public art, preservation of neighborhood history, & events Recognize and celebrate neighborhood efforts Healthy Neighborhoods Neighborhood Services Manager Neighborhood Liaison 1 (Community Outreach) Neighborhood Liaison 2 (Identity and Placemaking) Neighborhood Liaison 3 (Data, Analytics, and Mapping) Recommended Liaison Responsibilities Identity, and Placemaking •Neighborhood grants •Placemaking programs •Block party facilitation •Recognition program •Preservation of neighborhood history & identity Data, Mapping, and Analytics •Neighborhood registration •New neighborhood onboarding •Data analysis •GIS/mapping •Emergency management assistance •Proactive monitoring of public platforms Community Outreach •Attending community events •Printed outreach resources •Neighborhood newsletter •City community engagement meetings •Online resources/website •Community partner relationships •Neighborhood trainings •Liaison to 1/3 of neighborhoods •Neighborhood concerns/issues •Attending neighborhood meetings •Neighborhoods Day •Liaison to 1/3 of neighborhoods •Neighborhood concerns/issues •Attending neighborhood meetings •Neighborhoods Day •Liaison to 1/3 of neighborhoods •Neighborhood concerns/issues •Attending neighborhood meetings •Neighborhoods Day Current Neighborhood Geography •Current neighborhood coverage vs. preferred neighborhood coverage •Neighborhood Coordinators would not necessarily be “zone” based, but assigned to specific neighborhoods depending on need & activity to build neighborhood/community relationships •Some neighborhoods are more active than others •Neighborhood concerns/issues may arise that may require shifting to add capacity •New neighborhoods/inactive neighborhoods Neighborhoods Manager Responsibilities Community relationship management City department relationship management Long range community vision & strategic planning Office of Innovation support Emergency management coordination Outreach and communication planning Policy & procedure development Budget & grant management Questions? “If we wish to rebuild our cities, we must first rebuild our neighborhoods” –Harvey Milk Samantha Moullet Neighborhood Services Manager Samantha.moullet@myclearwater.com 727-562--4559