City of Gulfport Florida

City of Gulfport Florida City Council Meeting Notice

Tuesday, October 2, 2018

City Hall – 2401 53rd Street South, Gulfport, Fl 33707 7:00 p.m.

AGENDA

Call to Order

Invocation given by Councilmember Paul Ray

Pledge of Allegiance

Roll Call:

Presentations:

Professor of Law Kristen Adams, Interim Dean, Stetson University

1. Public Comment.

2. City Manager Report.

• Strawless Summer Challenge

3. City Attorney Report.

4. City Clerk Report.

5. Consent:

a. Consider approval of the Council Meeting Minutes of August 21, 2018, September 4, 2018,

and September 18, 2018.

b. Resolution No. 2018-70: A resolution of the City of Gulfport, Florida, authorizing the city

manager to enter into an Agreement with Clark Sales Display, Inc. to provide holiday

decoration services; and providing for an effective date.

c. Resolution No. 2018-71: A resolution of the City of Gulfport, Florida, authorizing the city

manager to purchase a Falcon Asphalt Trailer from ClearPath Solutions; and providing for an

effective date.

6. Ordinances: None

7. Resolutions:

a. 2018-72, A resolution of the City of Gulfport, Florida, authorizing a Certificate of Approval

for permanent repairs to the Gulfport Historical Museum; providing authorization

to the city manager to enter into Agreements with Art Recovery Technologies of

Tampa and Orlando and Signal Restorations Services for structure repairs;

providing for a budget amendment; and providing for an effective date.

b. 2018-73, A resolution of the City of Gulfport, Florida, authorizing the city manager to enter

into an Agreement with Spectrum/Charter for a fiber connection at the Gulfport

Casino; and providing for an effective date.

Regular Council Meeting 2 Tuesday, October 2, 2018

c. 2018-74, A resolution of the City of Gulfport, Florida, authorizing the city manager to enter

into an Agreement with Cardno Engineering for the BCYC Breakwater Linear

Park Improvement Project – Phase I and II; providing authorization to the city

manager to submit an application for a Southwest Florida Water Management

District Cooperative Funding Initiative Grant; providing for a budget amendment;

and providing for an effective date.

d. 2018-75, A resolution of the City of Gulfport, Florida, approving a ten (10) year Interlocal

Agreement with the City of St. Petersburg to provide Wholesale Potable Water

Services; providing authorizing to the city manager to sign said Agreement; and

providing for an effective date.

e. 2018-76, A resolution of the City of Gulfport, Florida, approving a ten (10) year Interlocal

Agreement with the City of St. Petersburg to provide Wholesale Wastewater

Services and Exhibits: (C) Industrial Pretreatment, (D) Inflow and Infiltration and

(E) Wet Weather Protocols; providing authorizing to the city manager to sign said

Agreement and Exhibits; and providing for an effective date.

8. Review of Constitutional Ballot Amendments.

9. Council Comments/Informational Reports.

10. Adjournment.

Any person who decides to appeal any decision of the City Council with respect to any matter considered at this meeting will

need a record of the proceedings and for such purposes may need to ensure that a verbatim record of the proceedings is made,

which record includes the testimony and evidence upon which the appeal is to be based. The law does not require the City Clerk

to transcribe verbatim minutes; therefore, the applicant must make the necessary arrangements with a private reporter or private

reporting firm and bear the resulting expense. Any person with a disability requiring reasonable accommodation in order to

participate in this meeting should call (727) 893-1012 or fax a written request to (727) 893-1008. Posted: September 28, 2018

CITY OF GULFPORT, FLORIDA

Office of the Cultural Facilities & Events

Memorandum

DATE: September 26, 2018

TO: James E. O’Reilly, City Manager

FROM: Justin Shea, Cultural Facilities Events Supervisor

RE: Strawless Summer Challenge

On July 17, 2018, Mayor Henderson signed a proclamation declaring July 1, 2018 through

September 30, 2018 as the “Strawless Summer Challenge” and encouraged all restaurants, bars,

and cafes to take the pledge and abstain from giving out plastic straws unless requested by a

customer.

For the three-month period from July1 to September 30, 19 Gulfport businesses agreed to

voluntarily participate in the initiative. The participating businesses are spotlighted on the City’s website on the following webpage, https://mygulfport.us/strawless-summer-challenge.

• SMOKIN’ J’S BBQ • PIA’S TRATTORIA

• STELLA’S • O’MADDY’S BAR & GRILLE

• SWEET-TEA CELEBRATIONS TEAROOM • SALTY’S GULFPORT BAR

• TANGELOS GRILL • LITTLE TOMMIES TIKI

• HABANA CAFE • THE HISTORIC PENINSULA INN

• GULFPORT FAMILY RESTAURANT • MANATEES ON THE BAY

• KWIK STOP CITGO • BACKFIN BLUE CAFE

• GULFPORT COMFORT CAFE • SIRI’S GOURMET BURGERS & PIZZA

• ISLAND FLAVORS AND ‘TINGS • NEPTUNE GRILL

• SIK PROMOTIONS

In an effort to promote and support their participation in the program, the businesses who

participated were also awarded an advertising spot on the beach volleyball courts north fence line

banner and a photo spotlight of their participation for one year on the City’s website.

Importantly, the Cultural Facilities and Events Department have also transitioned to paper straws

as an alternative, if the customer requests a straw. The City has also implemented wooded

stirrers for the coffee beverages.

1

https://mygulfport.us/strawless-summer-challenge

http://visitgulfportflorida.com/business_directory/pias-trattoria/

http://visitgulfportflorida.com/business_directory/omaddys-bar-grille/

http://visitgulfportflorida.com/business_directory/saltys/

http://visitgulfportflorida.com/business_directory/little-tommies-tiki/

http://visitgulfportflorida.com/business_directory/historic-peninsula-inn/

http://visitgulfportflorida.com/business_directory/manatees-on-the-bay/

http://visitgulfportflorida.com/business_directory/backfin-blue-cafe-2/

http://visitgulfportflorida.com/business_directory/siris-gourmet-burgers-pizza/

http://gulfportchamber.chambermaster.com/list/member/neptune-grill-gulfport-442

http://visitgulfportflorida.com/business_directory/smokin-js-bbq/

http://visitgulfportflorida.com/business_directory/stellas/

http://visitgulfportflorida.com/business_directory/sweet-tea-celebrations-tearoom/

http://visitgulfportflorida.com/business_directory/tangelos-grill/

http://www.habanacafe-usa.com/

https://www.gulfportdiner.com/

http://gas-stations.citgo.com/fl/gulfport/33707/5227-22nd-ave-s

https://www.facebook.com/Gulfport-Comfort-Cafe-181530291869404/

http://islandflavorsandtings.vpweb.com/

http://sikpromotions.com/

Background

Almost 3 million residents call the Tampa-St. Petersburg Clearwater Metropolitan Area home.

Another 5 million people visit the area each year. Providing adequate and appropriate access to

recreational opportunities in Tampa Bay is essential to supporting the economy and quality of

life of residents. The City of Gulfport recognizes the importance of environmental sustainability

and is committed to the long-term goal of reducing plastics in the environment, ensuring a

thriving, attractive environment for residents, guests and visitors.

The Strawless Summer Challenge within in the City of Gulfport encouraged all

convenience stores, restaurants, bars, and cafes to take the pledge by abstaining from

giving plastic straws out unless requested by the customer.

The implementation plan for participating businesses was to simply not hand out a straw unless

requested by a customer. Then, as the initiative progressed, phase in alternatives to single use

straws that each business could gain access to or could afford. The final phase is that the

businesses explore the phasing out of single use plastic silverware, polystyrene containers, and

additional items that contribute to the waste stream. Items that may impact wildlife, marine life

and the beaches and waters of the City of Gulfport.

Tampa Bay is renowned for its spectacular waters, bay habitats and fish and wildlife. It provides

popular recreational opportunities to residents and visitors alike and is a foundation to the

community’s quality of life. The City of Gulfport via Mayor Henderson’s proclamation committed to the goal of reducing the impact of plastic on our environment and ensuring a

thriving, attractive environment for residents and guests.

In encouraging a voluntary Strawless Summer Challenge, the businesses participating elected to

follow the following criteria:

1. Plastic straws are provided only upon request.

2. No plastic bags offered for takeout or to-go orders.

3. No expanded polystyrene use (aka Styrofoam).

4. Proper recycling practices are followed.

5. Only reusable tableware is used for onsite dining and utensils for to-go food are provided

only upon request.

And choose a minimum of three of the following, where feasible:

1. No beverages sold in plastic bottles.

2. Discount offered for customers with reusable cup, mug, bag, etc.

3. Organic, local, and/or vegetarian/vegan food options are offered on a regular basis.

4. Energy efficiency implementation.

5. Use paper straws.

6. Compost food waste.

7. Host or sponsor an annual beach clean-up.

8. Provide information on website or bulletin board about plastic pollution.

9. Offer digital receipts for paper reduction practices, or PBA paper receipts.

2

City of Gulfport Florida City Council Meeting Minutes

Tuesday, August 21, 2018

The Regular Meeting of the Gulfport City Council was held on Tuesday, August 21, 2018, in the

City Hall, City Council Chambers, located at 2401 - 53rd Street South, Gulfport, Florida.

Samuel Henderson, Mayor, called the meeting to order at 7:00 p.m. The invocation was given

by Councilmember Daniel Liedtke followed by the Pledge of Allegiance.

Roll Call:

Present were Councilmembers Michael Fridovich, Daniel Liedtke and Paul Ray; Vice Mayor

Christine Brown; Mayor Samuel Henderson; City Manager James O’Reilly; City Attorney

Andrew Salzman and City Clerk Lesley DeMuth.

Presentation:

Mayor Henderson introduced Ambassador Dr. Otto F. von Feigenblatt, Republic of Kosovo, who

spoke on his country and presented Mayor Henderson with an honorary membership in the

Society for the Promotion of Kosovo. Mayor Henderson presented Ambassador von Feigenblatt

with a token of the city’s friendship.

1. Public Comment.

Caron Schwartz, 5213 Delette Avenue S., provided information on the Senior Citizens Advisory

Committee and Its Time Tampa Bay transportation survey.

Mayor Henderson recognized Ms. Love who asked if sidewalks are the responsibility of the

homeowner or the city and spoke on low lying branches and people’s personal landscaping

impeding walkers/cars. She advised at the last beach cleanup she picked up five straws and 46

bottle tops, suggesting the city enforce litter laws.

Richard Fried read a quote from John F. Kennedy, spoke on the number of Jews and Muslims

living in Kosovo, that Kosovo wants to be part of the NATO Alliance but needs to bend to the

rules of NATO and that he was glad council is addressing issues beyond our State.

2. City Manager Report. City Manager O’Reilly reported:

• It is the residents responsibility to keep up their landscaping/trees that may be impeding

sidewalks and the physical sidewalk, 99% of the time, is the city’s responsibility; and

• He will be on vacation the next three days; Tom Nicholls will be in charge.

3. City Attorney Report. No Report

4. City Clerk Report. No Report

5. Consent:

a. Consider approval of the Council Meeting Minutes of August 7, 2018.

Regular Council Meeting Minutes 2 Tuesday, August 21, 2018

b. Resolution No. 2018-55: A resolution of the City of Gulfport, Florida, adopting the annual

Floodplain Management Planning, Local Mitigation Strategy Annual Report; and providing

for an effective date.

c. Resolution No. 2018-56: A resolution of the City of Gulfport, Florida, adopting the Program

for Public Information and Annual Report for the Community Rating System Program; and


City Clerk DeMuth read the Consent Agenda.

Motion by Vice Mayor Brown, second by Councilmember Liedtke to approve the Consent

Agenda.

UNANIMOUSLY APPROVED BY ACCLAMATION

6. Ordinances:

a. 2018-06, Second Reading and Public Hearing: an ordinance of the City Council of the City

of Gulfport, Florida, amending the City of Gulfport Comprehensive Plan,

pursuant to the Evaluation and Appraisal Process of Section 163.3191, Florida

Statutes, and the Amendment Process of Section 163.3184, Florida Statutes,

adopting new Goals, Objectives, and Policies, and Maps as presented herein

below; providing for severability; and providing for an effective date.

City Clerk DeMuth read Ordinance No. 2018-06 by title only.

City Manager O’Reilly explained the ordinance.

Mayor Henderson opened the public hearing. Neither hearing nor seeing anyone who wished to

speak, Mayor Henderson closed the public hearing.

Motion by Councilmember Fridovich, second by Vice Mayor Brown to adopt Ordinance 2018-

06.

Mayor Henderson asked Fred Metcalf, Community Development Director, to come forward and

give an overview. Mr. Metcalf introduced Linda Fischer, Forward Pinellas, and explained the

main changes that were made are in Transportation with respect to levels of service and

renaming to Mobility Management System, the Coastal Management and Conservation Element

were combined into one element and new goals, objectives and policies were added to address

sea level rise.

ROLL CALL: COUNCILMEMBER LIEDTKE YES

VICE MAYOR BROWN YES

COUNCILMEMBER RAY YES

COUNCILMEMBER FRIDOVICH YES

MAYOR HENDERSON YES

MOTION CARRIED.

b. 2018-11, Second Reading and Public Hearing: An ordinance of the City of Gulfport,

Florida amending Section 16-19 of Chapter 16, Article II – Purchasing of the


Code of Ordinances, pertaining to Opening of Bids; providing for the repeal of

ordinances, or parts of ordinances, in conflict herewith, to the extent of such

conflict; providing for severability; and providing for an effective date.


City Manager O’Reilly explained the ordinance.



Motion by Vice Mayor Brown, second by Councilmember Liedtke to adopt Ordinance 2018-11.





MAYOR HENDERSON YES

MOTION CARRIED.

7. Resolutions:

a. 2018-57, A resolution of the City of Gulfport, Florida, authorizing the city manager to

renew the city’s insurance coverage with Public Risk Management of Florida (PRM) for Fiscal Year 2018-2019; and providing for an effective date.

City Clerk DeMuth read Resolution No. 2018-57 by title only.

City Manager O’Reilly asked Cheryl Hannafin, Finance Director, to come forward and she

provided a brief overview of the city’s insurance renewals.

Mayor Henderson opened the public discussion. Neither hearing nor seeing anyone who wished

to speak, Mayor Henderson closed the public discussion.

Motion by Vice Mayor Brown, second by Councilmember Ray to approve Resolution No. 2018-

57.





MAYOR HENDERSON YES

MOTION CARRIED.

b. 2018-58, A resolution of the City of Gulfport, Florida authorizing the city manager to

renew the city’s employee health insurance coverage with Public Risk

Management of Florida (PRM), using Florida Blue, for Fiscal Year 2018-2019;

and providing for an effective date.





Councilmember Liedtke asked if the health insurance offers a wellness program where

employees can receive credits for using Fitbit etc. Finance Director Hannafin advised she heard

there has been talk of this in the insurance pool, but would have to get back to council with

information on availability.

City Manager O’Reilly pointed out the city pays 100% of the insurance premium for each full time employee; not dependent health care coverage.

Motion by Councilmember Fridovich, second by Vice Mayor Brown to approve Resolution No.

2018-58.





MAYOR HENDERSON YES

MOTION CARRIED.

c. 2018-59, A resolution of the City of Gulfport, Florida authorizing the city manager to

provide the city’s insurance coverage for employee life and accidental death and

dismemberment insurance from Standard Insurance Company for Fiscal Year

2018-2019; and providing for an effective date.




Motion by Councilmember Fridovich, second by Councilmember Ray to approve Resolution No.

2018-59.





MAYOR HENDERSON YES

MOTION CARRIED.

d. 2018-60, A resolution of the City of Gulfport, Florida authorizing the city manager to

provide the city’s insurance coverage for employee long-term disability insurance

from Standard Insurance Company for Fiscal Year 2018-2019; and providing for

an effective date.





Motion by Vice Mayor Brown, second by Councilmember Ray to approve Resolution No. 2018-

60.





MAYOR HENDERSON YES

MOTION CARRIED.

e. 2018-61, A resolution of the City of Gulfport, Florida, approving Application #C18-02: A

request for site plan approval with outdoor seating, as an accessory use, for an

approved conditional use drive-through facility accessory to a permitted use

(restaurant) at 5602 Gulfport Boulevard South and the adjoining Gulfport

Boulevard South vacant parcel; providing conditions; and providing for an

effective date.


City Manager O’Reilly explained the resolution.

Mayor Henderson opened the public discussion.

Richard Fried talked about how the decision council makes tonight, will be their legacy and

expressed his concerns about property values, the employees at Dunkin Donut and their inability

to afford rents, his ability to rent his duplex and that he felt all in the room are advisories in

solidarity. Mr. Fried requested council postpone this vote indefinitely and pointed out the Newly

Revised Robert Rules of Order is 669 pages.

April Thanos, 5850 27th Avenue S., said she assumed approval was given from the county to go

in and out on Gulfport Boulevard rather than on the side street which was an issue before, she

did not feel the dive-through provision should have been given, noticed the parking spaces can

be used for either parking or outdoor dining, she was not comfortable with their parking study

and did not think this is a great idea.

Karen Love said she thought the information said there will be an ingress and egress on 56th

Street as well as Gulfport Boulevard and felt having both is good, questioned deliveries being

made in the early morning by small vans rather than trucks; asking how this will be enforced if

trucks are used and asked if the restaurant changed hands, does that business get to keep the

drive-through.

Caron Schwartz asked if there will be an area for bicycle parking.


Margarete Tober spoke on developers in town working very hard to make their projects the way

Gulfport would like to see them within the corporate rules they have to follow and thought at

some point an explanation was made on the drive-through being grandfathered in.

Neither hearing nor seeing anyone who wished to speak, Mayor Henderson closed the public

discussion.

Motion by Councilmember Liedtke, second by Vice Mayor Brown to approve Resolution No.

2018-61.

Councilmember Fridovich discussed with Derek Oberschall, CSC Properties and Engineer

Martin Roland, the design, height and sign of the building which will include a Baskin Robbins,

deliveries; advising donuts will be made in a factory on Ulmerton Road and brought over to the

site in small trucks – clarifying the building cannot be accessed from the alley due to fencing and

landscape buffering, the location of the outside speaker, they are unaware of any problems at

other locations, there will be bike racks on site, and the outside seating will be on the north side

of the building on the concrete aprons. Councilmember Fridovich spoke on the Bert Harris Act

and City Attorney Salzman provided clarification on how the law is applied.

In response to a question by Mayor Henderson, City Manager O’Reilly advised all deliveries will

take place on the property; unlike the situation on Beach Boulevard where trucks unload on the

Boulevard.

Councilmember Brown asked for an answer to the question on what happens if the property

changes hands and City Attorney Salzman said it would depend on the facts, advising there are

certain uses where the drive-through could be transferred, however if it is abandoned for a period

of time, it would not continue as a grandfathered issue and the other issue is what would be put

there. City Attorney Salzman clarified for Mayor Henderson that what is being approved, is

what is to be on the property and if not, that is a Code violation.

Mayor Henderson asked the applicant why the ingress and egress only on Gulfport Boulevard

was not viable. Mr. Roland advised Pinellas County regulations require access to a lower

classification of roadway and they did allow for a right-in and right-out driveway on Gulfport

56thBoulevard as long as a secondary access on Street was provided. Mayor Henderson

expressed his concerns for the neighboring residents.





MAYOR HENDERSON YES

MOTION CARRIED.

f. 2018-62, A resolution of the City of Gulfport, Florida, approving Special Events for Fiscal

Year 2018/2019; authorizing various city services and accommodations in

accordance with Section 17-30 of the Code of Ordinances regarding Special

Events; and providing for an effective date.



City Manager O’Reilly explained the steps taken this year to get background materials regarding

financial and insurance information related to the organizations as requested by council. City

Manager O’Reilly advised staff will not be asking council to entertain the closing of Williams

Pier during the boat race, limited accommodations are being requested for the Senior Center

Foundation as they are the city’s partner in many activities for their Health Fair, and staff has

reached a conclusion that it is best to flat rate the minimum service provided to volleyball and

that charge will be $500.00 for the individual weekends they have applied for; not including

police and fire if required.


Mayor Henderson recognized Ms. Love who thought it was great Williams Pier will not be

closed for any special events and asked in terms of the Grand Prix, if it is more clearly defined

somewhere to what street closures for multiple days are being requested; speaking to last year’s closure of Shore Boulevard, Beach Boulevard and 58th Street.


discussion.

Motion by Vice Mayor Brown, second by Councilmember Fridovich to approve Resolution No.

2018-62.

City Manager O’Reilly spoke on the safety issue of last year’s event falling on First Friday; no

conflict is foreseen this year and in regard to 58th Street that is a council decision based upon the

fact the city was trying to increase the availability of parking. If council elects not to allow the

valet aspect, it seemed to work to keep traffic out of the side street, that can be brought up to the

applicant, but he recommended the east and west sides of 58th Street be open for parking.

In response to a questions by Councilmembers, City Manager O’Reilly said there has been

preliminary discussions with Holy Name on doing an event maybe in the spring but, there will

not be an Oktoberfest, and the GMC’s Art Walk will not be on the same day as the boat race.





MAYOR HENDERSON YES

MOTION CARRIED.

g. 2018-63, A resolution of the City of Gulfport, Florida, supporting and adopting the

Memorandum of Understanding creating the Tampa Bay Regional Resiliency

Coalition; and providing for an effective date.


Councilmember Fridovich spoke on the Tampa Bay Regional Planning Council’s request for the city to support the Coalition and Mayor Henderson explained how this will be a partnership to

deal with coastal resiliency.





2018-63.





MAYOR HENDERSON YES

MOTION CARRIED.

Mayor Henderson called for a ten (10) minute recess and reconvened the meeting at 8:10 p.m.

8. Discussion: Fiscal Year 2018-2019 Budget and Capital Improvements Program.

City Manager O’Reilly advised the proposed general fund budget is approximately $12,970,000

and provides for cost of living adjustments for all general employees that are not covered by the

collective bargaining unit agreements of 3.5%. He advised the city has reached a tentative

agreement with the Police Officers and Police Sergeants respective Unions to provide them with

an increase in their step plan of 3% and to assist the Chief in recruiting, the starting salary has

been increased for an entry level police officer. The same preliminary offer has been made to the

firefighters and he is waiting to hear back from them. Council’s approval of the final contracts is

anticipated for September.

City Manager O’Reilly reviewed the core objectives, priorities, issues and new and previously

approved projects for inclusion in the proposed budget:

• Maintain present Millage rate at 4.039.

• Maintain City’s Reserve Funds at 16% to 25% of Fund Balance. Increase or replenish where possible.

• Present a conservative Capital Improvement Program.

• No recommended increase in Water Rate, Sewer Rate or Sanitation Rates for Fiscal Year

2019.

• Increase in Stormwater rate of ($1.00) is included in the budget.

• Maintain City’s Public Safety service delivery model – staff, fund, adequately equip and

train.

• On-going Community promotion(s) and support of Special Events.

• Continue City’s Utility and Sanitation services delivery model(s).

• Renewal of Water and Sewer Agreements with the City of St. Petersburg. - (w/25%

surcharge).

• Study, Development, Presentation and Implementation of a long-term stabilized Utility and

Sanitation rate structure.

• Ongoing review of market equitable costs for services for City Council’s consideration. • Continue Improvements and Upgrade of Sanitary Sewer (Utility) Infrastructure.

• Ongoing Roadway Resurfacing (Paving), Brick Restoration, Alley and Sidewalk

Improvements.


• Continue with ongoing Marina improvements and future expansion.

• Study future Williams Pier repairs and replacement and City Hall Administrative facilities

replacement.

• Continue ongoing Improvements to City’s Internal Information Technology Infrastructure. • Tangerine Greenway – 49th Street Trolley Market Square Park Project.

• Complete Osgood Point Trail project with the City of St. Petersburg.

• Complete Recreation Center Skate Park.

• Plan/solicit long-term funding of Senior Center Remodel and Expansion. (Re-Design II).

• Improve/replace/create Community amenities and aesthetics where financially feasible.

• Annually provide appropriate compensation, benefits and salary adjustment(s) to employees.

• Negotiate/Manage Police and Fire’s respective Collective Bargaining Agreements (CBA).

• Manage and maintain Employee Health Insurance Cost(s).

• Gulfport Marina - BCYC Breakwater Park Development.

• *PYCC Stormwater Culvert Phase II – seek State Legislative appropriation.

Proposed additional positions:

• Police Dept. – (1) School Resource Officer

• Fire Dept. – Fire Captain

• Parks Dept. – (FT) Maintenance Worker II

• Parks Dept. – (PT) Horticulturalist

Proposed projects and/or programs based upon City Council input and discussion:

• Beach Playground Shade Sails $62,468

• Marina - Patio Area Shade Sail $29,876

• Senior Center (MPC) Replacement

- Capital Fund Raising - Feasibility Study $25,000

• Theater Audio/Visual/Lighting Improvements. $25,000

• Casino - WRD Wi-Fi & Live Streaming

- (Year 1 w/Equipment) $10,000

- Annual Cost=$7,200.00 per year.

• PSTA WRD Trolley Replacement & City’s PSTA participation, Service Levels. (Trolley Market Square Set Piece)

- Pending confirmation of PSTA WRD Trolley replacement participation.

- Pending PSTA transfer of Trolley Market Set Piece (Surplus WRD Trolley).

• Marina - BCYC Breakwater Park Development $210,532

• Marina - Pier Floating Artificial Reefs $5,000

• Additional Beach Sand Replacement $20,000

• Beach – Shore Boulevard Tree Grates $15,590

• CERT Program Funding $5,000

• Additional Parks Staff (P/T Horticulturist) (1.5 FTE) $59,414

• Future Solar Program Plan (set aside) – Restricted Funding $20,000

• Beach Re-Nourishment Plan (set aside) – Restricted Funding $20,000

• *PYCC Stormwater Culvert Phase II (*unfunded) $700,000 (Pending State Legislative appropriation)

In response to a question by City Manager O’Reilly, there was a motion by Vice Mayor Brown,

second by Councilmember Liedtke to increase salaries 3.5%; including Charter Officers.

https://Cost=$7,200.00


UNANIMOUS APPROVAL BY ACCLAMATION

City Manager O’Reilly reviewed the General Fund five year projection and asked Cheryl

Hannafin, Finance Director, to come forward. Finance Director Hannafin reviewed a

PowerPoint covering: the city’s history of millage rates, taxable property values, percent change in property values, and property tax revenues; Fiscal Year 2019 revenue by type – General Fund;

Fiscal Year 2018 General Fund expenditures by function; Fiscal Year 2019 General Fund full

time equivalents employees by function; Fiscal Year 2019 Enterprise Fund full time equivalents

employees by function; repairs and replacement spending for the utility fund; State Revolving

Loan summary; a two year phase in or no phase in for the water, sewer and stormwater rate plan

– explained by City Manager O’Reilly; grants received and pending; capital projects and an

Amendments 1 and 2 recap.


Mayor Henderson recognized Ms. Thanos who asked questions on the number of non-

homesteaded properties within the city, the homestead and non-homesteaded caps, the interest

rate percentage on the state revolving loan and what the city’s liability is for the ongoing

litigation. City Manager O’Reilly advised 40% of the properties are non-homesteaded, there is a

3% “Save our Homes” cap and a 10% cap on non-homesteaded properties, the interest on the

loan is less than 1%, and he cannot speak to pending litigation.

Mayor Henderson recognized Ms. Love who asked financially, if you vote No on Amendment 2

it could potentially make-up for a Yes vote on Amendment 1; to which she was advised that is

correct.

An unidentified speaker asked how much is being spent on the skate park to which City Manager

advised approximately $199,000 if approved by council and its design is by Tito.

Margarete Tober, 59th Street, advised she too was sorry to hear there will not be an Oktoberfest;

the budget book and presentation has gotten better every year; asked if there is money available

to paint the Casino bus stop; more money to put towards the $30,000 budgeted for sidewalks;

suggested additional garbage cans and cigarette butt containers be put in the beach area, and was

happy it was pointed out that 28% of the budget is from property taxes.


discussion.

Councilmember Liedtke asked the status of the paving around the marina and the beach

bathrooms to which City Manager O’Reilly advised the paving is included in next fiscal year’s budget and he anticipated a start date in October and the bathrooms are in this year’s budget; the

city is currently waiting on equipment.

Vice Mayor Brown commented on the exceptional level of professionalism the city has working

for us.

Councilmember Ray asked if lifts are included in the marina budget to which City Manager

O’Reilly advised additional lifts are included in the coming fiscal year’s budget.

Councilmember Ray commended the City Manager and Finance Director on their presentation.


In response to a question by Councilmember Liedtke, Denis Frain, Director of Marina

Operations, advised there are currently eight (8) 20,000 lb. lifts and he will be going to bid for

twenty five (25) 12,000 lb. lifts. City Manager O’Reilly mentioned the lifts will be in the area of

the breakwater park basin. Councilmember Fridovich asked if the kayaks will be moved to which

Director Frain said they will be moved as part on the linear park project after October.

Councilmember Fridovich complimented the City Manager, Finance Director and Finance

Department, spoke on the potential of receiving a corporate sponsor for fireworks and questioned

the replacement of Williams Pier which was addressed by City Manager O’Reilly.

Mayor Henderson questioned the price of the shade sails, asking if other options should be

considered to which City Manager O’Reilly said multiple quotes will be gotten for the shades

and an estimate on a fixed structure can also be obtained; assuring council there is flexibility.

Mayor Henderson asked the cost of the dual recycling/waste containers along Beach and Shore

Boulevards. City Manager O’Reilly estimated they are approximately $500 to $600 each and

easily added if more are needed.


Councilmember Liedtke requested to be excused from the September 18, meeting; no objections

were heard.

Vice Mayor Brown provided a reminder that school is open and nominated Smokin’ J’s for the Spirit of Gulfport Award; no objections were heard.

Councilmember Ray reported Get-Go will be running on Election Day, provided reminders for

the Gulfport Votes 100% kick-off and Gecko Ball, advised he liked that Life Scans that are

included in the budget for Officers, he looked forward to the skate park vote and pointed out that

the city’s leash law also applies to cats.

Councilmember Fridovich reported in October he will be holding a Town Hall meeting with City

Attorney Salzman to explain the upcoming Amendments on the November ballot. City Manager

O’Reilly recommended council hear this information prior; suggesting their first meeting in

October. Sources, availability and the dissemination of information was discussed.

Mayor Henderson thanked staff and council for their input and cooperation on the budget.

10. Adjournment.

Motion by Councilmember Fridovich, seconded by Vice Mayor Brown to adjourn.

Date Approved: _____________________ ________________________________

Samuel Henderson, Mayor

__________________________________

Lesley DeMuth, City Clerk


Tuesday, September 4, 2018

The Regular Meeting of the Gulfport City Council was held on Tuesday, September 4, 2018, in

the City Hall, City Council Chambers, located at 2401 - 53rd Street South, Gulfport, Florida.


by Vice Mayor Christine Brown followed by the Pledge of Allegiance.

Roll Call:

Present were Councilmembers Daniel Liedtke and Paul Ray; Vice Mayor Christine Brown;

Mayor Samuel Henderson; City Manager James O’Reilly; City Attorney Andrew Salzman and City Clerk Lesley DeMuth. Councilmember Michael Fridovich asked to be excused.

1. Fiscal Year 2018 - 2019 Millage Rate and Budget Ordinances:

a. 2018-12, First Reading and Public Hearing: An ordinance of the City of Gulfport, Florida,

providing for the Ad Valorem Tax Levy for the Fiscal Year beginning October 1,

2018 and ending September 30, 2019; and providing for an effective date.

City Clerk DeMuth read Ordinance No. 2018-12 by title only and stated for the record the levy

of 4.039 operating mills will be placed upon the total assessed valuation of real and personal

property laying within the City of Gulfport. Said monies raised by the 4.039 mills will be used

for the general operation of the City of Gulfport for the aforesaid fiscal period. The adoption of

the 4.039 mills is a 7.41 percent increase over the rolled back rate of 3.7602 mills; the second

reading and public hearing will be the 18th of September in City Hall at 7:00 p.m.

City Manager O’Reilly advised this is the seventh consecutive year the city has maintained the

millage rate at 4.039 mills.



Motion by Councilmember Liedtke, second by Vice Mayor Brown to approve Ordinance No.

2018-12.

ROLL CALL: VICE MAYOR BROWN YES


COUNCILMEMBER LIEDTKE YES

MAYOR HENDERSON YES

MOTION CARRIED.

b. 2018-13, First Reading and Public Hearing: An ordinance of the City of Gulfport, Florida,

adopting the Operating Budget for the Fiscal Year beginning October 1, 2018 and

ending September 30, 2019; and providing for an effective date.

Regular Council Meeting Minutes 2 Tuesday, September 4, 2018

City Clerk DeMuth read Ordinance No. 2018-13 by title only, stating for the record the second

reading and public hearing will be the 18th of September at 7:00 p.m. in City Hall.

City Manager O’Reilly advised the total budget for Fiscal Year 2018-2019 will be

$26,514,647.00.



Motion by Vice Mayor Brown, second by Councilmember Ray to approve Ordinance No. 2018-

13.




MAYOR HENDERSON YES

MOTION CARRIED.

2. Public Comment.

Mayor Henderson recognized Ms. Love who congratulated the city for a successful GeckoFest;

58thsurviving with no valet parking on Street, asked council to be better at using their

microphones and requested an update on the bike trail.

Jan Lowe, 2014 Gray Street South, spoke on an upcoming charity golf tournament to support

Boca Ciega High School Fall Baseball.

Margarete Tober, 59th Street, provided reminders for the upcoming beach clean-up, Mayors’ 49th

Street Clean-up and Chiefs’ Chat, and Junk in the Trunk and spoke on a Gulfport Neighbors

raffle with proceeds going to the History Museum.

Denise Lowe, 2014 Gray Street S., spoke on how pleased she is with the new Culby

development down town, her opposition to corporate businesses and the need to support local

businesses.

3. City Manager Report. In response to Public Comment, City Manager O’Reilly reported in

regard to the bike trail, the city is waiting on the City of St. Petersburg to receive their

SWFWMD permit and advised the city has received a clean bill of health from the FDEP for the

Tangerine Greenway.

4. City Attorney Report. No Report

5. City Clerk Report. No Report

6. Consent: None.

7. Ordinances:

2018-10, Second Reading and Public Hearing: An ordinance of the City of Gulfport,

https://26,514,647.00


Florida amending Article V of Chapter 11 of the Code of Ordinances pertaining to

Storm Sewer; providing for amendment of Subsection (a) of Section 11-100,

pertaining to Stormwater Utility Rates; providing for an increase in rates;

providing for the repeal of ordinances, or parts of ordinances, in conflict herewith,

to the extent of such conflict; providing for severability; and providing for an

effective date.


City Manager O’Reilly explained the Ordinance.

Mayor Henderson opened the public hearing.

An unidentified speaker addressed her concerns with the increasing of the stormwater fee $1.00

in 2019 and $2.00 in 2020 and each year thereafter as no expiration date is included.

City Manager O’Reilly clarified the proposed increase is $1.00 after Fiscal Year 2020. The

ordinance is only for the $1.00 increase for 2019; council will have to take action on the future

increases every year.

Neither hearing nor seeing anyone else who wished to speak, Mayor Henderson closed the public

hearing.

Motion by Vice Mayor Brown, second by Councilmember Ray to adopt Ordinance No. 2018-10.

Councilmember Liedtke asked if the city is going to ensure that all monies collected will go to

stormwater. City Manager O’Reilly advised theoretically a Pilot can be taken from a utility

fund, but the goal is to have a combination of water, sewer and stormwater to build the fund

balance and secure a 25 percent operating fund balance reserve.




MAYOR HENDERSON YES

MOTION CARRIED.

8. Resolutions:

b. 2018-64, A resolution of the City of Gulfport, Florida authorizing the city manager to enter

into a service and user agreement with the Pinellas County Sheriff for Law

Enforcement Support Services during fiscal year 2018-2019; and providing for an

effective date.


City Manager O’Reilly explained the Resolution.


In response to a question by Mayor Henderson on the amount of increase over last years

agreement, City Manager O’Reilly asked Police Chief Vincent to come forward, and he advised

there was a personnel cost increase.

Mayor Henderson opened public discussion. Neither hearing nor seeing anyone else who wished


Motion by Vice Mayor Brown, second by Councilmember Liedtke to approve Resolution No.

2018-64.




MAYOR HENDERSON YES

MOTION CARRIED.


award the bid and enter into a Contract with Tampa Contracting Services, Inc. for

the Recreation Center Skate Park Improvement Project; authorizing a budget

amendment; and providing for an effective date.


City Manager O’Reilly explained the Resolution, recognized the efforts of Gulfport resident

Nick Nicks, St. Pete Skate Park Alliance, for his assistance and reviewed a PowerPoint on the

proposed skate park layout and landscaping.

Mayor Henderson opened public discussion.

An unidentified speaker spoke on the creation of the St. Pete Skate Park Alliance and their work

with the City of St. Petersburg and his feeling that this will be a fantastic park for the

community.

Mayor Henderson recognized Ms. Love who spoke on how impressed she was that this was put

into a relatively small space and will not affect anything else and questioned how the park is

going to be opened and closed according to daylight hours due to the fence height.

Mayor Henderson recognized Ms. Tober who asked about the park hours and security.

Denise Lowe, 2014 Gray Street S., expressed how pleased she is with the project and that she

would help with fundraisers, grants, etc. if there was a budget concern with the additional money

needed.

An unidentified speaker asked who has been considered to use the park; skateboarders, bikes,

etc.

An unidentified speaker asked what the cost was to stop have the renderings done.



discussion.

City Manager O’Reilly, in response to questions, advised there was a minimal cost to have the

renderings done; the initial rebidding took place due to the bid being so far over budget, there is

a security level that is tied to the recreation center and all fences are 36 inches in height, the park

will have no lighting and will close with the Recreation Center or at dark, the city will initially

start with use by skateboards and expand if possible to other equipment depending on the level of

participation and money can be reallocated throughout the capital budget.

Motion by Councilmember Ray, second by Vice Mayor Brown to approve Resolution No. 2018-

53.

In response to questions from Vice Mayor Brown, City Manager O’Reilly advised the park will be made of concrete. Mayor Henderson recognized a speaker from the audience who came

forward and advised a lot of the municipal parks now are poured in place concrete, they are

virtually maintenance free/self-sustaining and concrete is far less noisy than wood or metal

ramps.

Councilmember Ray spoke in support of the park.

Councilmember Liedtke asked if there is a revenue component, to which City Manager O’Reilly

advised there is not; he felt the 36 inch fence was fine and asked for consideration on a change to

the plan to include a larger deck which was discussed and City Manager O’Reilly advised he will speak to the designer to see if this was feasible and in response to a question from the audience

he said there will be no design input meetings. Councilmember Liedtke said he would like to

make sure the trees, as shown in the picture, on the south side of the park are put in place. In

response to a question by Councilmember Liedtke on the number of trees, fifteen or twenty, City

Manager O’Reilly said they will see how the spacing is, but at a minimum there will be Soldier

Palms. Councilmember Liedtke mentioned he is talking with the Parks Department about adding

temporary removable volleyball courts; bringing the city to a total of six.

Mayor Henderson asked if there will be an age limit; City Manager O’Reilly said no, it is a

public facility and there will be standard rules and in response to a question by Vice Mayor

Brown on a time line, he advised 90 to 120 days.




MAYOR HENDERSON YES

MOTION CARRIED.


Vice Mayor Brown reported on a successful GeckoFest; mentioning the great pop up fans which

were provided, the fire at the Historical Museum and the city having a 9:00 p.m. police

department social media reminder program.


Councilmember Ray reported on the Gecko Ball and GeckoFest, thanked the police and fire

departments for their quick response to the Historical Museum fire; an end to the search for a

missing child in Largo, and requested a consensus from council to having a presentation by

Gulfport Votes 100%; there was no objection.

Councilmember Liedtke asked if a fire prevention/protection system at the Historical Society

could be looked into for the next budget year; suggesting halon fire extinguishers or a fireproof

room and he provided a reminder of the upcoming Lions Club Breakfast. The digitalizing of the

Historical Society collections was discussed.

Mayor Henderson reported on the upcoming Senior Center Open House, requested, as a public

service, information on a suicide prevention line be placed in the water bills and thanked those

who have offered their support during the passing of his mother.

10. Adjournment.

On a motion by Vice Mayor Brown, the meeting was adjourned.

Date Approved: _____________________ ________________________________


__________________________________



Tuesday, September 18, 2018

The Regular Meeting of the Gulfport City Council was held on Tuesday, September 18, 2018, in

the City Hall, City Council Chambers, located at 2401 - 53rd Street South, Gulfport, Florida.


by Vice Mayor Christine Brown followed by the Pledge of Allegiance.

Roll Call:

Present were Councilmembers Michael Fridovich and Paul Ray; Vice Mayor Christine Brown;

Mayor Samuel Henderson; City Manager James O’Reilly; Attorney Adam Edmundson

representing City Attorney Andrew Salzman and City Clerk Lesley DeMuth. Councilmember

Daniel Liedtke had asked to be excused.

1. Fiscal Year 2018 - 2019 Millage Rate and Budget Ordinances:

a. 2018-12, Second Reading and Public Hearing: An ordinance of the City of Gulfport,

Florida, providing for the Ad Valorem Tax Levy for the Fiscal Year beginning

October 1, 2018 and ending September 30, 2019; and providing for an effective

date.

City Clerk DeMuth read Ordinance No. 2018-12 by title only and stated for the record the levy

of 4.039 operating mills will be placed upon the total assessed valuation of real and personal

property laying within the City of Gulfport. Said monies raised by the 4.039 mills will be used

for the general operation of the City of Gulfport for the aforesaid fiscal period. The adoption of

the 4.039 mills is a 7.41 percent increase over the rolled back rate of 3.7602 mills.


Mayor Henderson recognized Mr. Kreuter who advised on his property tax notice the millage

rate, he thought, was three (3) plus mills. Mayor Henderson pointed out the city millage rate has

remained the same, 4.039 mills, for the past seven years.


hearing.

Motion by Vice Mayor Brown, second by Councilmember Fridovich to adopt Ordinance No.

2018-12.




MAYOR HENDERSON YES

MOTION CARRIED.


b. 2018-13, Second Reading and Public Hearing: An ordinance of the City of Gulfport,

Florida, adopting the Operating Budget for the Fiscal Year beginning October 1,

2018 and ending September 30, 2019; and providing for an effective date.



Margarete Tober, 59th Street, commended council and staff for the tremendous job on the budget

and asked if the lights in Clymer Park are ever going to work and if the handicapped access for

the beach, which is in the current year’s budget, will be put in. Ms. Tober questioned the

procedure for monies being moved in the capital improvements budget as she thought those

items stayed in place and if there was going to be changes, the public would hear about that. She

expressed her concern of the beach bathroom upgrade not being done anymore as the $50,000

budgeted has been moved somewhere else, and it is not included in new budget.


hearing.

Motion by Councilmember Ray, second by Vice Mayor Brown to adopt Ordinance No. 2018-13.




MAYOR HENDERSON YES

MOTION CARRIED.

Presentations:

Mayor Henderson presented the Spirit of Gulfport Award to John Riesebeck, Smokin’ J’s Restaurant.

Ingrid Bredenberg, Gulfport Votes 100%, presented a PowerPoint and asked for support in their

efforts to get 100% voter turnout. She introduced Lisa Vanover, Vice President of the St.

Petersburg Area League of Women Voters who spoke on the League’s excitement with this

initiative and upcoming activities.

2. Public Comment.

Laura Dent, 2850 59th Street S., told council she was surprised the city did not hold a 9-11

memorial event and proposed a memorial be held next year.

Mark Woodward, 1102 52nd Street S., spoke on the city’s treatment of people living on the margin, being ushered from the park at night, and his issue with the Police Chief.

Margarete Tober, on behalf of the Gulfport Historical Society, spoke on their upcoming events.

3. City Manager Report. No Report.

4. City Attorney Report. No Report.


5. City Clerk Report. No Report.

6. Consent:

Resolution No. 2018-65: A resolution of the City of Gulfport, Florida, authorizing the

necessary purchase order to Retro Production Company for the continuance of their

Wednesday Night Swing and second Friday Soul Fusion dance services in the Gulfport

Casino; and providing for an effective date.

City Clerk DeMuth read the Consent Agenda.

Motion by Councilmember Fridovich, second by Vice Mayor Brown to approve the Consent

Agenda.

UNANIMOUSLY APPROVED BY ACCLAMATION

7. Ordinances: None

8. Resolutions:


award the bid and enter into a contract with Tampa Contracting Services, Inc. for

the Trolley Market Square Park Improvement Project; and providing for an

effective date.


City Manager O’Reilly explained the Resolution, and in response to a request by Mayor Henderson, he spoke to the funding received from Pinellas County Community Development,

and the Florida Department of Environment Protection for the project.


Mayor Henderson recognized Mr. Kreuter who spoke on his drainage concerns.

Mayor Henderson recognized Ms. Rose who questioned the purpose/vision of Trolley Market

Square.

Jeri Reed, 11th Avenue S. and President of the 49th Street Business Association, thanked council

for this project.

City Manager O’Reilly addressed the drainage for the project advising it has been approved by

SWFWMD.

Mayor Henderson spoke on the plan for the formalized park and entrance into the city from the

west side and a venue for performance arts.


discussion.



2018-66.

Vice Mayor Brown asked if a sign like the historic Welcome to Gulfport sign will be placed

there and City Manager O’Reilly advised yes, and that a quote was received today.




MAYOR HENDERSON YES

MOTION CARRIED.

b. 2018-67, A resolution of the City of Gulfport, Florida, authorizing the city manager to

execute SSES Phase I Construction Change Orders with Miller Pipeline, LLC and

Secord Contracting Corporation; and providing for an effective date.


City Manager O’Reilly explained the Resolution and advised council will be given an SSES

Program update in December.

Mayor Henderson opened public discussion. Neither hearing nor seeing anyone who wished to

speak, Mayor Henderson closed the public discussion.


2018-67.

In response to a question by Councilmember Ray if this meant they are finding less problems so

there does not have to be as many cuts, City Manager O’Reilly said he would not say there are less problems but, what they are finding is they can repair them in a more efficient and cost

effective manner.

City Manager O’Reilly advised City Attorney Salzman will request at the October 2, meeting a Shade Meeting for later that month on the outstanding litigation.




MAYOR HENDERSON YES

MOTION CARRIED.

c. 2018-68, A resolution of the City of Gulfport, Florida, authorizing the city manager to enter

into an Agreement with Pinellas Lodge 43 of the Fraternal Order of Police; and



City Manager O’Reilly explained the Resolutions for items (c) and (d).


Mayor Henderson opened public discussion. Neither hearing nor seeing anyone who wished to

speak, Mayor Henderson closed the public discussion.

In response to a question by Vice Mayor Brown on why council is not seeing a contract for the

firefighters, City Manager O’Reilly advised a similar offer has been made to them and they were

to have voted on it at the beginning of the week. He spoke on his attempt to create equity within

all city employees.


2018-68.




MAYOR HENDERSON YES

MOTION CARRIED.

d. 2018-69, A resolution of the City of Gulfport, Florida, authorizing the city manager to enter

into an Agreement with Pinellas Lodge 43 of the Fraternal Order of Police for

Police Sergeants; and providing for an effective date.


City Manager O’Reilly spoke on how well the contract negotiation went.

Mayor Henderson opened public discussion.

Mayor Henderson recognized Ms. Tober who said she felt we have a great police department.


discussion.


2018-69.




MAYOR HENDERSON YES

MOTION CARRIED.


Vice Mayor Brown reported on the weekend’s volleyball tournament.

Councilmember Ray reported Smokin’ J’s is accepting non-perishable donations for Hurricane

Florence victims; congratulating him on his award, he will be participating in his first Coffee


with a Cop on October 6, and over the weekend he did see volleyball attendees/participants

patronizing businesses.

Councilmember Fridovich congratulated John on his award, reported Justin Shea is the recipient

of the 2018 Able Trust Adult Leadership Award, and asked for a report at the next meeting on

the straw challenge; advising if there is not 100% compliance he will come forward with a ban

on straws/a straw ban on the beach. City Manager O’Reilly advised he will provide a report at the next meeting.

Mayor Henderson asked for a consensus of council to have a memorial event next year for 9-11

similar in scale to what is done for Flag Day; there was no objection and he reported on the

upcoming Mayors’ Clean-up and Chiefs’ Chat.

10. Adjournment.

Motion by Vice Mayor Brown, second by Councilmember Fridovich to adjourned.

Date Approved: _____________________ ________________________________


__________________________________


CITY OF GULFPORT

CITY COUNCIL

AGENDA MEMORANDUM

FROM: Justin Shea, Cultural Facilities Events Supervisor

DATE: October 2, 2018 AGENDA ITEM: 5-b

RESOLUTION NO: 2018-70

SUBJECT: City Holiday Decorations

RECOMMENDATION: Staff requests that City Council authorize the City Manager to

approve the design and payment in the amount of $35,051.25 to Clark Sales Display for

providing Holiday Decoration services to the City of Gulfport. Services include the leasing,

installation, removal and storage of Holiday Decorations via the City of St. Petersburg’s Bid Solicitation # 6488 and Blanket Purchase Agreement #200814 for “Lighting Services, Holiday

Displays.” This BPA covers Lighting Services, Holiday Displays, and is effective August 1,

2017 through July 31, 2020, with one two-year renewal option. As previously discussed, the City

Manager or designee will have final approval of the pole decorations to be placed.

BACKGROUND:

The City presents the citizens of Gulfport and their guests with tradition, color and excitement by

decorating the community with Holiday displays once a year. The beautiful holiday decorations

are a source of pride to the citizens and children of all ages who look forward to viewing this

tradition. As annually provided for; the City will utilize leased Holiday Decorations that will be

placed along Gulfport Boulevard, Beach Boulevard, and Shore Boulevard from 58th to 54th

Streets South and 49th Street South from 7th Avenue South.

Additionally, the Recreation Department will continue to lease additional Holiday set pieces for

Clymer Park and a large Holiday tree in front of the Casino.

If approved, the decorations shall be completely installed and fully lit and functional by mid-

November. All displays for the City of Gulfport shall be removed between January 7th and

January 12th.

New this year, the City of Gulfport entered into a co-operative bid with the City of St.

Petersburg’s Procurement and Supply Management Department. It is recommended that the

City continue to contract with Clark Sales Display. The City of St Petersburg’s bid is

applicable, in that it provides park set pieces in addition to the standard pole decorations.

https://35,051.25

ANALYSIS:

The lease, installation, removal and storage of Holiday Decorations is the accepted practice

of many communities. The labor-intensive nature of the maintenance, installation, removal

and storage of the large number of decorations has made the impact on regular City

operations prohibitive.

The following Cities participated in this co-operative bid and blanket purchase agreement:

City of Gulfport

City of St. Petersburg

City of Tarpon Springs

City of Longwood

City of Ocoee

FINANCIAL IMPACT:

The cost to the City of Gulfport for holiday decoration services is to be charged as follows:

Parks Departmental Rentals and Leases Account: $ 23,701.25

Waterfront Redevelopment District Account: $ 8,000.00

Casino Rentals and Leases $ 3,350.00

Total $ 35,051.25

MOTION:

Move to approve/deny Resolution No. 2018-70 authorizing the City Manager to approve the

design and payment in the amount of $35,051.25 to Clark Sales Display for provide Holiday

Decoration Services.

https://35,051.25

https://35,051.25

RESOLUTION NO. 2018-70

A RESOLUTION OF THE CITY OF GULFPORT, FLORIDA, AUTHORIZING

THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH CLARK

SALES DISPLAY, INC. TO PROVIDE HOLIDAY DECORATION SERVICES;

AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, The city is desirous of entering into an agreement with Clark Sales Display, Inc., to

provide holiday decorating services using the City of St. Petersburg’s Bid No. 6488 – Blanket

Purchase Agreement No. 200814, for the leasing, installation, removal and storage of holiday

decorations throughout the City and within the Waterfront Redevelopment District: and

WHEREAS, The City Manager or designee will approve the pole decorations to be installed and

functional by mid-November and removed between January 7, 2019 and January 12, 2019.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF GULFPORT,

FLORIDA:

Section 1. City Council hereby authorizes the City Manager to enter into an agreement with Clark

Sales Display, Inc., to provide holiday decoration services in an amount not toexceed $35,051.25 for

the leasing, installation, removal and storage of holiday decorations throughout the City and within

the Waterfront Redevelopment District and to approve the pole decorations to be installed.

Section 2. This resolution shall become effective immediately upon its adoption.

PASSED AND ADOPTED this 2nd day of October, 2018 by the Council of the City of Gulfport,

Florida.


Attest:


CITY OF GULFPORT

CITY COUNCIL

AGENDA MEMORANDUM

FROM: Tom Nicholls, Public Works Director

DATE: October 2, 2018 AGENDA ITEM: 5-c


SUBJECT: Falcon Asphalt Trailer

RECOMMENDATION:

That City Council consider approving this resolution authorizing the City Manger to purchase a

new 2-Ton Asphalt Transporter & Hot Box Trailer from ClearPath Solutions for $41,170.

BACKGROUND:

The City budgeted for a new 2-Ton Asphalt Trailer for this fiscal year. This equipment will be

utilized in the repair of our asphalt roadways and will provide a more permanent solution than

the current use of material called “cold patch” which is only temporary.

ANALYSIS:

The new trailer will be a 2018 Falcon Asphalt trailer with a capacity to hold (2) tons of hot mix

asphalt. The purchase is through a contract ClearPath Solutions has with the National Joint

Powers Alliance (NJPA) contract number CP116-008.

FINANCIAL IMPACT:

Funds are available in the Public Works Streets Account # 001-5153-541-64. This item was

budgeted for FY 18-19 at $45,000.

MOTION:

I move to approve/deny Resolution No. 2018-71 authorizing the City Manager to purchase a new

2018 2-Ton Falcon Asphalt Trailer from ClearPath Solutions for $41,170.

____________________________________



THE CITY MANAGER TO PURCHASE A FALCON ASPHALT TRAILER

FROM CLEARPATH SOLUTIONS; AND PROVIDING FOR AN EFFECTIVE

DATE.

WHEREAS, The Fiscal Year 2018/2019 budget includes funds for the purchase of an asphalt

transporter and hot box trailer; and

WHEREAS, The asphalt trailer can be purchased from ClearPath Solutions through their

contract with the National Joint Powers Alliance (NJPA), Contract Number CP116-008.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF

GULFPORT, FLORIDA:

Section 1. The City Council hereby authorizes the City Manager to purchase a 2018 2 - Ton

Asphalt Transporter and Hot Box Trailer from ClearPath Solutions through their contract with

the National Joint Powers Alliance (NJPA) in the amount of $41,170.00.

Section 2. This resolution shall become effective upon its adoption.


Florida.


ATTEST:


https://41,170.00

CITY OF GULFPORT

CITY COUNCIL

AGENDA MEMORANDUM

FROM: James E. O’Reilly, City Manager

DATE: October 2, 2018 AGENDA ITEM: 7-a

RESOLUTION NO.: 2018-72

SUBJECT: Repair of the Historical Society Building

SUBJECT ADDRESS: 5301 – 28th Avenue South

Gulfport, FL 33707

LEGAL DESCRIPTION: Lot A, Veteran City Park, according to the map or plat thereof as recorded

in Plat Book H4, Page 017, according to the Public Records of Pinellas

County.

PROPERTY IDENTIFICATION NUMBER: 33/31/16/93942/000/2140

RECOMMENDATION:

Staff recommends City Council approve permanent repairs to the Gulfport Historical Museum and

applicable budget amendment.

BACKGROUND:

Early morning on September 3, 2018 the Gulfport Fire Department responded to a fire call located at

the Gulfport Historical Museum Building. The Fire Department responded in 4 minutes. The front

porch was engulfed in flames. Following the Gulfport Fire Department, fire crews from St Petersburg

and South Pasadena arrived on the scene. All crews worked together in extinguishing the fire.

The fire caused damage to the railings, floor and roof of the front porch. The exterior wall and double

front doors of the museum building also had fire damage. Although fire did not reach the interior of

the museum, smoke and water damage did occur. No significant damage occurred to the museum

contents.

PROPOSAL:

Due to the fire damage sustained at the Gulfport Historical Museum, the structure is in need of repair to

restore the structure to its historic stature and architecture. Chapter 22 in the Code of Ordinances

provides for the repair of historic structures. City Council should consider a certificate of approval for

permanent repairs to the Gulfport Historical Museum. Such work to the Museum requires a building

permit application and approval of the building official.

ANALYSIS:

The City of Gulfport owns the city block where the historical museum is located. Additionally, the City

owns and maintains all of the buildings on this block. The historical museum building is in itself a

historic structure that is about 100 years old. This structure has been locally designated as a historic

structure. Article XXI of Chapter 22, Zoning, of the Code of Ordinances pertains to historic

preservation. This section of code establishes criterial and procedures for the designation, preservation,

and maintenance of landmarks and historic districts within the city.

Specifically, Section 22-21.05 addresses maintenance and repair of landmarks, landmark sites, and

properties. This section of code requires owners of a landmark or landmark site to keep all exterior

portions of historic buildings or structures in good repair.

The damage caused by the fire requires the entire porch to be rebuilt, and repairs to the exterior wall.

The circumstances of the fire created an emergency condition. Emergency situations are addressed

in the following section of Article XXI:

Section 22-21.05 (c) Emergency Conditions.

(1) For the purpose of remedying an emergency condition determined to be imminently dangerous

to life, health or property, nothing contained herein shall prevent the temporary construction,

reconstruction, demolition, or other repairs to a historic structure, building, or site, or a

contributing or noncontributing property, structural improvement, or landscape feature within a

designated historic district.

(2) Such temporary construction, reconstruction or demolition must take place pursuant to

approval of the building official and only such work as is reasonably necessary to correct the

emergency conditions may be carried out.

(3) The owner(s) of a building or structure damaged by fire or natural calamity shall be permitted

to immediately stabilize the building or structure and to later rehabilitate it under the procedures

required by this article. The owner(s) may request a special meeting of the committee to consider

an application for a certificate of approval to provide for permanent repairs.

The Committee is defined in Article XXI as a historic committee created by the City Council or

the City Council and referred to in this article as the “committee”. Based on Section 22-21.05

(c)(3), City Council can consider a certificate of approval for permanent repairs to the Gulfport

Historical Museum. Such work to the Museum requires a building permit application and

approval of the building official.

FINANCIAL IMPACT:

The City maintains a property and casualty insurance policy with Public Risk Management in which the

Historical Museum building is insured. Gallagher Basset is the claims administrator who is responsible

for procurement and vendor selection that will qualify for reimbursement under our policy.

https://22-21.05

https://22-21.05

https://22-21.05

Gallagher Basset maintains a list of qualified vendors who specialize in historic restoration and fire

repairs from which they selected the following vendors to complete the necessary repairs:

Contractor Amount

ART of Tampa and Orlando $22,458

6302 Benjamin Road, Suite 414

Tampa, FL 33634

Phone: 813-513-0525, Cell: 813-376-5230

Email: [email protected]

Web: http://art-us.com/

Signal Restoration Services $93,000

6001 Hiatus Road Ste.13, Tamarac, FL 33321

Cell: 941.405.2880 Office: 248.288.6300

Fax: 888.567.3131

Emergency: 800.533.9898

www.signalrestoration.com

The claim is expected to be completely reimbursed with a $1,000 deductible to be paid by the City. The

following budget amendment is requested to account for the activity:

Account Account Current Debit Amended

Fund Name Number Budget (Credit) Budget

General Insurance Proceeds 001-0000-364-42 (40,000) (114,458) (154,458)

General Appropriated Surplus 001-0000-389-01 (28,745) (1,000) (29,745)

General Parks - Repairs & Maintenance 001-4145-572-46 120,000 115,458 235,458

MOTION:

Move to approve/deny Resolution No. 2018-72 authorizing the City Manager to enter into agreements

with Art Recovery Technologies in the amount of $22,458 and Signal Restoration in the amount not to

exceed $93,000; recognizing and approving the applicable budget amendment.

Furthermore, City Council shall provide a certificate of approval for permanent repairs to the Gulfport

Historical Museum, subject to the following condition:

• The repair of the Gulfport Historical Museum building must include the City’s building permit application process.

mailto:[email protected]

https://linkprotect.cudasvc.com/url?a=http%3a%2f%2fart-us.com%2f&c=E,1,0DABcMuEUdt6Pws2BKtcixcAGjpKKN7B4596Ycu0zTRUlcLRqD6JKlxtBFCdkacXamcJ7UV5XgNRY9OOX5PWzPlDiu_DrSYN93_7zYOHJ6mv&typo=1

https://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.signalrestoration.com&c=E,1,GR9QBjCG5L1CRUp4-Ff22iHrY3bbJF9qsO20P0TX2fMoK4KRyDTc8xoltAraci8fvOmgxnF1Ibf2iHjAoUoV1DpBpiL5FjrMdjEAJKHAUB_qn2r21g-u&typo=1



A CERTIFICATE OF APPROVAL FOR PERMANENT REPAIRS TO THE

GULFPORT HISTORICAL MUSEUM; PROVIDING AUTHORIZATION TO

THE CITY MANAGER TO ENTER INTO AGREEMENTS WITH ART

RECOVERY TECHNOLOGIES OF TAMPA AND ORLANDO AND SIGNAL

RESTORATIONS SERVICES FOR STRUCTURE REPAIRS; PROVIDING

FOR A BUDGET AMENDMENT; AND PROVIDING FOR AN EFFECTIVE

DATE.

WHEREAS, Due to the fire damage sustained at the Gulfport Historical Museum, the structure

is in need of repair to restore the structure to its historic stature and architecture; and

WHEREAS, Chapter 22 of the Code of Ordinances provides for the repair of historic

structures; and

WHEREAS, The City maintains a property and casualty insurance policy with Public Risk

Management in which the Historical Museum building is insured; and

WHEREAS, Gallagher Basset is the claims administrator who is responsible for procurement

and vendor selection and maintains a list of qualified vendors who specialize in historic

restoration and fire repairs.


GULFPORT, FLORIDA:

Section 1. The City Council hereby authorizes a Certificate of Approval for permanent repairs to

the Gulfport Historical Museum located at 5301- 28th Avenue South (31/31/16/93942/000/2140);

Lot A, Veteran City Park, according to the map or plat thereof as recorded in Plat Book H4, Page

017, according to the Public Records of Pinellas County.

Section 2. The City Manager is hereby authorized to enter into Agreements with Art Recovery

Technologies of Tampa and Orlando in the amount of $22,458.00 and Signal Restoration

Services in the amount of $93,000.00 for structure repairs to the Gulfport Historical Museum.

Section 3. The City Council hereby authorizes the following budget amendment to account for

the city’s insurance claim:


Fund Name Number Budget (Credit) Budget

General Insurance Proceeds 001-0000-364-42 (40,000) (114,458) (154,458)

General Appropriated Surplus 001-0000-389-01 (28,745) (1,000) (29,745)

General Parks - Repairs & Maintenance 001-4145-572-46 120,000 115,458 235,458

https://93,000.00

https://22,458.00

____________________________________



Florida.


ATTEST:


CITY OF GULFPORT

CITY COUNCIL AGENDA MEMORANDUM

FROM: David Mather, Director of Library & Information Technology

DATE: 10/2/2018 AGENDA ITEM: 7-b


SUBJECT: Fiber Connection at the Gulfport Casino & Ballroom

RECOMMENDATION:

Allow the city manager to enter into a three (3) year agreement with Spectrum/Charter to

add a fiber connection at the Gulfport Casino consisting of guaranteed speeds of 50mbps.

BACKGROUND:

During the 2018-19 budget process, the city manager instructed IT to investigate the

possibility of expanding or initializing a new internet connection for the purposes of

streaming and an additional possibility of free WiFi services on the casino Campus and

beach areas.

ANALYSIS:

Due to the security issues it would not be possible to add these services to our existing

network. It would also put additional burden on our Metro-E connection from the casino

to city hall. The alternative is a dedicated fiber internet service at 50mbps that would

provide better coverage for both endeavors. The addition of a fiber connection also

eliminates any security issue that using the city network would cause because they would

be independent of each other. By purchasing a new enterprise fiber connection rather than

the use of a coax connection Spectrum/Charter guarantees upload and download speeds

of 50mbps.

FINANCIAL IMPACT:

The connection is a monthly fee of $599 for a term of 36 months and a one-time

installation fee of $250.

MOTION:

I move to approve/deny Resolution No. 2018-73 authorizing the city manager to enter

into a 3 year agreement with Spectrum/Charter, upgrading the guaranteed service to

50mbps at a cost of $599 and a one-time installation cost of $250.

____________________________________



THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH

SPECTRUM/CHARTER FOR A FIBER CONNECTION AT THE GULFPORT

CASINO; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, During the 2018-19 budget process, the city manager instructed IT to investigate

the possibility of expanding or initializing a new internet connection for the purposes of

streaming and an additional possibility of free WiFi services on the Casino campus and beach

areas; and

WHEREAS, Due to the security issues it would not be possible to add these services to the

city’s existing network and it would put an additional burden on the Metro-E connection from

the casino to city hall; and

WHEREAS, By purchasing a new enterprise fiber connection rather than the use of a coax

connection Spectrum/Charter guarantees upload and download speeds of 50mbps.


GULFPORT, FLORIDA:

Section 1. The City Council hereby authorizes the city manager to enter into a three (3) year

Agreement with Spectrum/Charter for a fiber connection at the Gulfport Casino in the amount of

$599.00 per month with a one-time installation fee of $250.00.



Florida.


ATTEST:


-~ ,.., Care/no

SCOPE OF SERVICES NIGHT HERON PARK PROJECT

GULFPORT MARINA CIVIL ENGINEERING SERVICES PRELIMINARY & FINAL DESIGN AND PERMITTING

FOR THE CITY OF GULFPORT

1.0 SCOPE OF SERVICES

Background: The City of Gulfport wishes to rehabilitate and improve the Municipal Marina and has requested Cardno prepare the preliminary & final design documents and obtain permitting for the proposed improvements associated with the public access and think spot portion of the conceptual design (Exhibit A) . The City has requested that we research available grant funding sources that might match up with the scope of services for this improvement project. The following are the project boundary and scope elements for the Night Heron Park project:

• The project portion of the Night Heron Park is bounded by the existing Lions Club building to the west, the dry storage lot to the east and follows the peninsula to the south and southeast (Exhibit A) .

• A limited survey for the park limits is included in this scope of work . The survey is to include topography and locations for the uplands portion of the project area. See Exhibit B for approximate limits of survey services. Locations of utilities will include above ground features that allow the locations of underground structures only. No SUE work is included.

• Wetland delineation to determine upland areas along with the evaluation of listed species and permitting assistance.

• Mangrove trimming permitting assistance for the maintenance of the existing · vegetation.

• The project includes the designation of approximately 5 parking spaces in the existing parking lot for public park access.

• The design of an entry feature (arbor or entry sign) , minimal landscape elements, a hardscape ADA compliant access path approximately 750' long, fencing and railing to direct the public to the think spot are included in this scope.

• Preparation of fee proposals for construction, permitting and consultant costs for building a fish ing pier to the southwest extending from the peninsula will be estimated during the preliminary phase. Should it be determined that construction- is within the City's budget, a separate scope and fee for the final design and permitting of the piers will be developed for the City's review and approval. ·

• A one story gazebo constructed at the tip of the peninsula (think spot) is included in th is scope. It is assumed that a pre-engineered structure will be utilized and no architectural or structural design services are included in this scope. Manufacturer to provide foundation design along with signed and sealed plans for review by the building department. ·

• Bollard lighting may be included along the walking path . Design of photometrics or circuiting is not included in this scope. Cardno will coordinate with Duke Electric for placement only.

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• The inclusion of underground utilities including electrical service, communications and water service are possible if budget constraints allow. The scope of our services includes layout of the water system, other soft utilities are to be designed by others such as the utility provider. No electrical or telecommunications design services are included in this scope.

• Coordinate with Utility providers for lighting , electric, and domestic water services as described above.

This Task Order involves engineering services that will include:

1.1 Preparation and design of plans for the improvements. 1.2 Compliance and adherence with the City and permitting agencies' requirements. 1.3 Attendance of permitting agency, review and pre-bid meetings. 1.4 Submit necessary applications for construction permits. 1.5 Coordinate utility adjustments with applicable utility owners. 1.6 Preparation of probable construction costs . 1.7 Preparation of construction plans and specifications. 1.8 Grant Research 1.9 Bid Assistance Services 1.1 O Post Design Construction Assistance

The scope of these tasks is outlined below:

2.0 PRELIMINARY DESIGN PHASE

2.1 The ENGINEER will consult with a surveyor to provide the project base file based on the latest GIS data with supplemented topographic field and boundary survey, as required for the project design plans. Topographic conditions will be field surveyed along with the location and approximate diameter of existing trees. The -surveyor will locate underground utilities that have above ground features, no subsurface utility engineering is included in this scope. The above work will be dorie in AutoCAD and compiled into one base map for the design of the park. The base fee does not include additional hydrographic surveying that may be required for construction beyond the above water land area.

2.2 The ENGINEER will consultwith ·a geotechnical engineer to provide six (6) Standard Penetration Test (SPT) borings to a depth of 10-15' below existing grade and one (1) SPT boring to a depth of approximately 20' below existing grade. The geotechnical engineer will estimate seasonal high groundwater elevation, provide engineering recommendations for constructability and design elements, and summarize findings within a geotechnical investigation report.

2.3 The ENGINEER will consult with an ecologist to provide a wetland field delineation for the surveyor to locate. This delineation will be utilized for submittal to permitting agencies. Concurrently a listed species evaluation will also be performed. (see Appendix A for additional detail)

2.4 The ENGINEER will consult with an ecologist to provide mangrove trimming permit assistance in order to allow the City or contractor to maintain the existing vegetation . (see Appendix A for additional detail)

2.5 The ENGINEER will prepare project drawings depicting property lines (if applicable) , curb lines, known utilities within the construction limits, roadways and proposed

G:IDESIDEV\Proposal\20 I &\Gulfport\Marinn\Gul fj,ort_Design_Morin"2.doc August 3, 2018 Page2 of 8

improvements. Distribution of these plans will be made to affected utility owners for mark-up and/or review of their facilities . A copy of the distribution list will be submitted to the City.

2.6 The ENGINEER will collect and review readily available data for the project. This will include atlas information , field investigation , photographs and other pertinent data.

2.7 The information and comments received from the utility companies will be shown on · the plans.

2.8 Comments and suggestions regarding the design and the impact of existing utilities, build ings and other physical featu res will be incorporated as practical into the plans to recommend the utility realignment route .

2.9 Prepare preliminary plans. The plans submittal will include the following estimated elements or sheets:

Title 2.9.1 Cover Sheet 2.9.2 Site Layout Sheet 2.9.3 Typical Section Sheets 2.9.4 Preliminary Planting Plan 2.9.5 Pavilion Conceptual Layout and Details* 2.9.6 Topographic and Utility Survey * - No architectural related scope is included

2.10 The ENGINEER will estimate take-off quantities and prepare a preliminary probable construction cost estimate.

2.11 The ENGINEER will consult with a Grant Writer to review federal , state, and private foundation grant resources for the proposed Marina Redevelopment and Coastal . Restoration/Access Phase and providing the City with a summary memo that indicates the granter name, contact information , program description , eligible activates and deadlir:ies for each applicable source.

2.12 The ENGINEER will attend one (1) field meeting during the preliminary design and plans preparation.

2.13 The ENGINEER will attend one (1) project status meeting with the City .

2.14 The ENGINEER will attend one (1) pre-application meeting with SWFWMD to discuss project limits and permitting requirements .

2.15 The ENGINEER will consult with a landscape architect to provide the City with One (1) 2D color rendering of the project area with supporting imagery of the proposed features for their use. The Engineer will attend one (1) City Council meeting in order to present the project to the Cou,ncil for approval.

3.0 FINAL DESIGN PHASE

3.1 Final design will commence upon completion of City-approved preliminary design and will consist of the final development and detailed design of the project , final

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preparation of design plans, quantity estimates, cost estimates and technical specifications.

3.2 The Final Design Plans will reflect further development of the preliminary design elements and features. It is estimated that the plan set will include the following elements or sheets:

Title 3.2.1 Cover Sheet 3.2.2 General Notes Sheet 3.2.3 Legend and Abbreviations Sheet 3.2.4 Erosion Control Sheet 3.2.5 Site Layout Plan 3.2.6 Grading and Utility Plan 3.2. 7 Typical Sections Sheet 3.2.8 Landscape and/or Hardscape Plan Sheets 3.2.9 Construction Detail Sheets 3.2.10 Landscape Details and Notes 3.2.11 Irrigation Plans and Notes 3.2.12 Topographic and Utility Survey

3.3 The Final design tasks will include the following:

3.3.1 Site Layout design 3.3.2 Grading design 3.3.3 Construction and general notes 3.3.4 Erosion control notes and layout 3.3.5 Utility adjustments and coordination 3.3.6 Probable cost estimates 3,3.7 Technical specifications (as required) 3.3.8 Invitation To Bid Documents

3.4 The ENGINEER will incorporate the City's review comments on the final design phase.

3.5 The ENGINEER will estimate final quantities and prepare final probable construction cost estimates.

3.6 The ENGINEER will prepare the project specifications, special conditions and bid tabulation form necessary for the proper construction of the project. The preparation of construction specifications does not include their reproduction for bidding and construction purposes.

3.7 The ENGINEER will attend one (1) project field meeting and one (1) project status meeting to review the proposed improvements.

3.8 The ENGINEER will submit the following to the City:

3.8.1 The Final Design Phase submittal: 3.8.1.1 Construction Drawings in PDF format 3.8.1.2 Invitation To Bid Documents in PDF format 3.8.1.3 Engineer's estimate of probable construction costs 3.8.1.4 Copies of any permits received at the time of Bid

3.9 Work prepared and/or submitted will be directed and reviewed by a civil engineer registered in Florida as the Engineer of Record. The Engineer of Record will sign,

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seal and date the design calculations, technical specifications and contract drawings as required by Florida law.

3.1 0 The ENGINEER will prepare drainage related permit applications as described herein, data and drawings (except and excluding, environmental assessment (other than listed above}, finding of no significant impact documents, negative declarations, environmental impact statements, FDEP stormwater permitting and similar documents) required for submittal by the City to county, regional, state and federal agencies. The ENGINEER will prepare and submit permit application forms and exhibits in accordance with and containing specific technical information required by governing agencies. The City understands the ENGINEER has no control over the final issuance of permits/approvals and ENGINEER'S services include only the initial application and two requests for additional response, if required . All fees related to permit review and approvals will be paid for by the City. Specific permit applications anticipated for this project include the following :

3.10.1 Southwest Florida Water Management District Environmental Resource Permit (Exemption/Modification)

3.10.2 Additional permitting required should the City pursue the construction of a pier are not included in this scope.

3.11 The ENGINEER will notify the City prior to meeting with permitting agencies to allow the City to schedule a representative to attend the meeting.

3.12 The ENGINEER will prepare all permit applications, data and drawings during the Final Design Phase.

3.13 The requirements of the various utility services will be coordinated with the project design. Existing utility information received from the utility companies will be shown on the plans by th~ Final Design Phase submittal.

3.14 Comments from applicable review agencies will be incorporated into the plan set as practical , and the final drawings will be used to show proposed utility conflict adjustments between the proposed improvements and existing utilities. Adjustments to private existing utilities will be designed by the private utility owners, coordinated by the ENGINEER and shown on the plans.

3.15 Design recommendations that may be substantially affected by or have a substantial effect on the project will be coordinated by the ENGINEER and with the City, county, state and/or drainage district.

4.0 BID PHASE SERVICES

4.1 The ENGINEER will attend one (1) pre-bid meeting held in City· Hall to provide an overview of the project and respond to questions from potential bidders

4.2 The ENGINEER will respond to Requests For Information (RFls) from potential bidders and produce and issue Bid Addendums as necessary for one (1) round of bidding.

4.3 The ENGINEER wjll review submitted bids and prepare a bid levelling analysis for the City to review.

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4.4 The ENGINEER will prepare the bid award recommendation letter based on above for the City to review and approve.

5.0 POST DESIGN CONSTRUCTION ASSISTANCE

5.1 Services will be provided under this contract for construction assistance, based on 2-month construction duration , includes the following tasks.

5.1.1 Engineering Assistance. 5.1.2 Plans update / revision . 5.1.3 Shop drawing reviews 5.1.4 Meeting attendances (bi-weekly) . 5.1.5 Respond to RFI questions from the City or Contractor during the construction

phase of the project. 5.1.6 Pay Application Reviews 5.1.7 Preparation of Closeout Documents and Permit Certifications

6.0 CONTINGENCY

6.1 Contingency funds may be applied to additional surveying or any other tasks at the City's discretion , wh ich may arise during the preliminary or final design phases due to changes in the project scope.

7.0 ADDITIONAL SERVICES

7.1 The ENGINEER can provide additional services whenever requested in writing by the City including but not limited to:

• Right-of-way related services. • Public and City Council meetings. • Prepare Right of way and easements (including utility, Stormwater, acce~s. etc.) for

recording , as needed. • Survey beyond those services listed above. • Maintenance of Traffic Plans (as required by Contractor) . • Architectural, Mechanical, Electrical , Plumbing and/or Structural services. • Design of any Pavilion Structures, docks, and piers (not described above). • Permitting for piers, docks or other items not included above. • Additional rounds of bidding. • Grant management including assistance securing and monitoring as needed.

8.0 CITY RESPONSIBILITIES

8.1 The City will provide the following for the ENGINEER to use and rely on:

• Copies of all maps, plats, aerial photographs and other available information and data pertinent to the project design which the City may have in its possession .

• Pay all permit application and review fees. • Obtain specific written permission from property owners or the authorized representatives for

engineering tasks to be conducted on private property, as necessary. • Relocation of City owned utilities.

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9.0 ENGINEER'S COMPENSATION

For the above-described SCOPE OF SERVICES, the City will compensate the ENGINEER on a lump sum basis as detailed below:

TASK DESCRIPTION Preliminary Design Phase

Survey

Plans and Cost Estimate

Geotech Investigation

Preliminary Ecological

Mangrove Trimming Permitting Assist.

Preliminary Landscape Architecture

Grant Research

Meeting and Coordination

Final Design Phase Construction Plans

Final Landscape Architecture

Invitation To Bid and Cost Estimate

Meeting and Coordination

Permitting

Bid Phase Services Post Design Services

Contingency

TOTAL

DESIGN FEE ESTIMATE $34,550

$4,700 $7,500 $4,200 $5,250 $4,000 $2,900

$1 ,000 . $5,000

$ 19,950 $7,500

$3,450 $2,500

$2,500 $4,000

$2,000 $4,500 $4,000 .

$65,000

0 : IDES\DEV\Pro posal\2018\Gulfport\Marina\Gulfport_Dcsign_Marina2.doc August 3, 201 8 Page7 of 8

10.0 ESTIMATED PROJECT SCHEDULE

For the above-described SCOPE OF SERVICES, the project schedule will be as follows:

TASK DESCRIPTION MONTHS AFTER NOTICE TO PROCEED

Preliminary Design Phase 2 Final Design Phase 3 Prepare Applications / Obtain Permits 3 Bidding 4

Construction Phase 5-7

Note: Above assumes one week for City review time for each phase submittal.

ACCEPTED BY:

Date: _________

James E. O'Reilly, City Manager City of Gulfport

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1

Appendix A

Wetland Delineation

1.1 Cardno will delineate the landward extent of wetlands and surface waters per the wetland delineation methodology provided in chapter 62-340 FAG. This boundary will can be approved either through a stand-alone Formal Wetland Determination or as part of the Environmental Resource Permit (ERP) revlew process.

1.2 Cardno will prepare a sketch of the field approved wetland boundary flag locations and transmit the sketch to the project surveyor.

1.3 Cardno will review the draft survey for consistency with the field delineation and provide comments as necessary.

2 Listed Species Evaluation

2.1 Concurrent with the wetland delineation, Cardno will census a minimum of 20% of the uplands on the project site in accordance with Florida Fish and Wildlife Conservation Commission (FWC) Gopher Tortoise Permitting Guidelines to confirm the distribution and abundance of gopher tortoise burrows. If gopher tortoises are present, preparation of a FWC gopher tortoise relocation permit application wlll be required and will be prepared pursuant to an amendment to this agreement or a separate Authorizing Addendum prior to initiation of construction activities.

2.2 During field work on the project, Cardno ecologists will be vigilant for state and federally listed wildlife. Any observations of listed species and their apparent use of the project site will be noted and their location recorded. Information collected as a part of this task will be summarized and incorporated into the agency permit applications.

3 Environmental Resource Permitting Assistance - Upland Development

3.1 Cardno will attend a pre-application meeting with representatives of the SWFWMD to discuss the project and its environmental issues. The meeting will assist in identifying important issues that might become impediments in the permitting process and therefore, can be specifically addressed in the permit application submittals.

3.2 Cardno will schedule and attend one (1) field meeting with representatives of the SWFWMD to review the wetland line and the condition of wetlands proposed to be impacted.

3.3 Cardno will assist and coordinate with the Client and Project Engineer in the preparation of drawings showing the proposed total plan of development, the proposed wetland impacts and any wetland impact compensation plan that may be required.

3.4 Cardno will prepare wetland assessments and supporting environmental narrative for the project for the ERP construction permit application to be submitted by the Project Engineer. This narrative will include assessments of the upland and wetland habitats and any proposed wetland impact areas.

3.5 Cardno will respond to a maximum of two (2) requests for additional information from the SWFWMD regarding the ERP application.

4 Mangrove Trimming Permitting Assistance

4.1 Cardno will conduct a field review to map the location of all mangroves within the project area, including documenting species composition, and height

4.2 Cardno will attend a pre-application meeting with representatives of the Pinellas County Water and Navigation Authority (PCWNA) to discuss the project and the proposed mangrove trimming. The meeting will assist in determining the limits of mangrove trimming and any potential issues that might become impediments in the permitting process, and to determine if any of the trimming will qualify as an exempt activity.

4.3 Cardno will coordinate with the project team in the preparation of a Mangrove Trimming Permit Application package for submission to the PCWNA. This package will contain drawings depicting the limits of the proposed mangrove trimming and any proposed areas of preservation

4.4 Cardno will respond to a maximum of two (2) requests for additional information from the PCWNA regarding the mangrove Trimming Permit Application.

5 Assumptions of the Proposal

The successful negotiation of environmental permits requires considerable coordination and cooperation amongst the parties and agencies, which often have conflicting goals and interests. For this reason, Cardno cannot necessarily control the ultimate conditions of the permits, the total cost of obtaining the necessary permits, or the time required for permit application review and approval. This Scope of Services and cost proposal assume the following:

5.1 This Scope of Services does not include the payment of any agency application fees.

5.2 This Scope of Services assumes the proposed pier will not be used for mooring of vessels.

5.3 This Scope of Services assumes that no maintenance dredging will be required for the pier construction.

5.4 The agencies requiring permits will only request information considered normal and necessary for this type of permit. This proposal considers quantitative sampling for water quality, benthos, sediment, flora or fauna to be examples of extraordinary work beyond our proposed Scope of Services.

5.5 Drawings, mitigation plans, etc. prepared by Cardno and submitted as part of the permit application will not have to be revised in response to a redesign or re-engineering of the project outside the control of Cardno.

5.6 Soils analysis, geotechnical borings, groundwater hydrology studies, or other hydrological services are not included in this Scope. If sediment analysis is required for

6

the proposed maintenance dredging, a separate Scope will be provided for those services.

5.7 Censuses of historic or cultural resources are not included in this Scope.

5.8 Topographic and bathymetric surveys are not included in this Scope.

5.9 The project engineer will provide scaled plans and cross-section drawings for each proposed ACOE wetland impact to be used for the ACOE application.

Responsibilities of Client

6.1 The Client will provide a letter of permission for Cardno to access the site as necessary for fieldwork.

6.2 As the justification for the project may require detailed economic information requested by the agencies (e.g. proforma, rate of investment return, profit/ loss data, detailed construction costs), the Client or other professionals will provide this type of information.

6.3 The Client will pay any necessary agency fees involved with the Scope of Services. These fees are above and beyond charges for the Scope of Services.

6.4 The Client will execute all appropriate regulatory documents.

6.5 The Client will provide engineering, surveying, or other professional services.

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s GHS Environmental PO Box 55802 St. Peteisburg, FL 33732-SBOi 727-667-6786

September 25, 2018

Mr. James O'Reilly City Manager City of Gulfport 2401 53rd Street South Gulfport, FL 33707

Re: Living Shoreline Conceptual Design & Due Diligence GHS Proposal # 18-309 REVISED

Dear Mr. O'Reilly,

GHS Environmental {GHS) is pleased to submit this proposal to develop a conceptual design for a living shoreline that could be constructed in Breakwater Park parallel to the proposed boardwalk. Living shorelines provide many environmental benefits including water quality improvements, marine and wildlife habitat creation, wave energy reduction, and erosion prevention. Our proposal includes the services needed to successfully obtain the Southwest Florida Water Management District {SWFWMD) Cooperative Funding Initiative (CFI) for 2020 projects as well as provide the City with a detailed cost estimate for anticipated construction costs and associated permitting requirements and efforts required by the Florida Department of Environmental Protection {FDEP).

ln addition, GHS has started correspondence with the Southwest Florida Water Management District {SWFWMD), and it has been determined that a living shoreline project at the proposed location is eligible for the CFI grant where SWFWMD matched one dollar for every non-Federal dollar used in water quality and natural restoration projects.

Below is a general description of the services included in this proposal.

Proposed Scope of Services It Develop conceptual design. • Site Investigation & Preliminary Habitat Survey. Ii Attend CFI review meeting with SWFWMD. • Attend permit pre-application meetings with various agencies, specifically the

FDEP. Prepare cost estimates.

• Prepare and submit a SWFWMD Cooperative Initiative Natural Systems Restoration grant application by October 5, 2018, deadline.

Ii Project Update Presentation to the City Council. & SWFWMD CFI Grant Management. • Summary Report with Proposed Next Steps.

PO Box 55802, St Petersburg FL 33732-5802 • #727-667-6786

4

City of Gulfport: Living Shoreline Conceptual Design & Due Diligence GHS #18-309 REVISED September 25, 2018 GHs Page 2

Task 1: Conceptual Design GHS will develop conceptual design aerials for discussion and refinement purposes with Gulfport. Please note that GHS has not taken any measurements onsite to date so all initial design work will be to determine the structural, environmental and aesthetic goals' of Gulfport. Attached is a proposed project boundary, which has been developed based on measurements obtained from Google Earth. Several assumptions were made to create these estimates and include, but in not limited to, the variation in tides, bathymetry, seagrass and other marine habitats, or property boundaries or other construction limitations. GHS will coordinate and meet with the ~ity's staff to review the initial design. GHS will complete the described task for a lump sum of $1,500.

Task 2: SWFWMD CFI Review Meeting GHS has begun coordination with the SWFWMD staff. A verbal explanation of the project concept has been discussed, and the reviewer's initial determination is that a living shoreline project along the marina's Breakwater Park would be likely scored as a Medium ranked project since it ties to Tampa Bay, provides water quality improvement, and restores natural habitat. Historically, all High and Medium ranked projects have be"n funded in the recent past.

The application deadline for SWFWMD CFI funding is October 5th of every year. GHS has scheduled a project review meeting for September 21 st at 10 am. GHS will review the conceptual design in order to establish a more formal response from SWFWMD as to how the project is expected to be ranked. GHS will prepare for and attend this meeting for a lump sum of $500.

Task 3: Site Investigation & Preliminary Habitat Survey Based on Google Earth current aerials, it is apparent that there are seagrass and oyster communities present. It has been reported that there is existing rip rap in various areas in front of the seawall. The various attributes of. the living shoreline will need to be designed around the existing rip rap and hard structure and in association with existing habitats to promote further establishment. GHS will conduct a preliminary survey of all present habitat types. GHS will conduct a general assessment for population density and diversity, if applicable, in order to provide a baseline conditions before and after construction of the boardwalk and the living shoreline. The resulting product will be a specific site survey habitat map to be incorporated into the permitting documents as necessary along with a short summary letter report of our findings. GHS will provide this service for a lump sum of $1,850.

;

Task 4: Pre-Application Meetirig with FDEP After refinement of the conceptual design based on the habitat survey and Gulfport's comments, GHS will schedule a meeting with the Florida Department of Environmental Protection (FDEP) for a pre-application meeting to further define the design criteria and permitting requirements. GHS will provide a summary report of the FDEP meeting to the Gulfport and will update the conceptual design per the conclusion of the meeting.

Based on the conceptual design, GHS will be provide general cost estimates for all permitting services including, but not limited to, a formal bathymetric survey (if needed),

City of Gulfport: Living Shoreline Conceptual Design & Due Diligence GHS #18·309 REVISED September 25, 2018 Page 3

seagrass and marine habitat survey (If additional information is needed by the FDEP), construction design and sign/sealed construction plans, material costs, construction cost and permitting efforts. GHS will prepare these products for a lump sum of $2,550.

This task does not include the permit application preparation and submittal or response to any requests for additional information.

Task 5: SWFWMD CFI Application & Public Meeting To date GHS has confirmed with SWFWMD that living shorelines are eligible for Cooperative Initiative Natural Systems Restoration grant funds; therefore, presuming the review meeting provides a positive response from SWFWMD, GHS will prepare and submit the application by the October 5, 2018 deadline.

In addition, GHS will attend the public meeting coordinated by SWFWMD to review and comment on all submitted projects. This meeting is the City's opportunity to answer any questions that the board may have regarding the project.

Based on the initial ranking of the projects and additional clarification, a request for additional information may be issued to further refine the project details, costs, and/or improvement benefits. GHS will prepare the SWFWMD CFI application., will attend this public meeting and be prepared to represent the City for any questions, and will respond to one round of correspondence with SWFWMD for a lump sum of $6,450.

Task 6: Council Presentation & Grant Management Based on the project review meeting held with SWFWMD, GHS highly anticipates that the Gulfport Living Shoreline project will be ranked as a HIGH priority project for the 2020 Cooperative Initiative Funding-(CFI). GHS will prepare a presentation to present to the City Council on the project design, funding development, and permitting requirements of the FDEP. GHS will work with City staff to determine a date in which to present this update.

In addition, GHS will provide grant management services, which will include, but is not limited to, all reporting, design completion stages, milestone achievements as applicable. GHS assist the City staff for CFI grant reimbursement. The City will have to submit all reimbursement requests directly to SWFWMD. GHS will complete this task for a lump sum of $4,550.

As the final product for the above tasks, GHS will prepare a living shoreline construction and permitting proposal for Gulfport's consideration.

City of Gulfport: Living Shoreline Conceptual Design & Due Diligence GHS #18-309 REVISED September 25, 2018 Page4

GHsEstimated Project Costs

The nature of the scope of work proposed for this project requires that we price and invoice the work on a lump sum basis. The budget amounts given here are to be considered "not-to-exceed" estimated costs, beyond which we will not proceed without obtaining your approval. GHS will complete the scape of services for a fee of $17,400.

Task Description Total TASK 1 living Shoreline Conceotual Desion $1.500 TASK 2 SWFWMD CFI Review Meetini:i $500 TASK 3 Site lnvestiaation & Preliminary Habitat Survev $1.,850 TASK 4 Preparation & Pre-Aoolication Meetino wtth FDEP $2.550 TASK 5 SWFWMD CR Application & Public Meetina $6.450 TASK 6 Council Presentation & Grant ManaQement $4,550

GRAND TOTAL $17,400

This proposal has been prepared based on the information that has been provided by the Client at this time. The scope of services described within the proposal are subject to change with direct requests by Client This proposal is to be considered a draft with the purpose of review by Client If the scope of services is acceptable, this proposal may be considered final and signed to initiate services.

We thank you for allowing GHS Environmental to provide our services and greatly appreciate the opportunity to submit this proposal to you for consideration. Please do not hesitate to call us at (850) 566-67788 with any questions that you might have concerning this proposal. If you wish to modify this proposal, GHS will readily tailor it to address your unique needs. If this proposal meets with your approval, GHS would appreciate you indicating your acceptance by signing this page where indicated, and returning the signed copy to us or email it to [email protected]. In closing, we appreciate being asked to provide assistance and look forward to working with you.

Sincerely, Accepted by: GHS Environmental

Signature

Dana J. Gaydos Principal Date

~?J.~0j Peggy Mathews Government Relations Director


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Break Water Park Legend

a Private Marker Green #3

Private Marker Red #4

Projectkea

Break Water Park Boardwalk \'~th Min of .2 Entrances

Oyster

Seagrass Plantings

Attachment A Gulfport Park

Proposed Nuisance/Exotic Species Removal Areas

Legend

S, Area #1

:., Area #2

Ji, Area #3

CITY OF GULFPORT

CITY COUNCIL

AGENDA MEMORANDUM


DATE: October 2, 2018 AGENDA ITEM: 7-c


SUBJECT: BCYC Breakwater Linear Park – Phase I & 2 (Design & Engineering)

Phase IV – SWFWMD Grant Application

RECOMMENDATION: Staff recommends approval of the resolution authorizing the City Manager to enter

into a scope of services agreement with Cardno Engineering in the amount of $65,000 for the engineering, design, permitting, and construction monitoring services for the Marina’s BCYC Breakwater Linear Park Improvement

Project – Phase I. Additionally, authorizing the City Manager to submit on behalf of the City a Southwest Florida

Water Management District (SWFWMD) Cooperative Funding Initiative (CFI) grant application for a water

quality and natural restoration project.

BACKGROUND:

The BCYC Breakwater Linear Park was initially proposed by the Mayor and City Council during the Fiscal Year

2018 – 2019 Capital Improvement Budget discussions. The premise of the park improvement project is to

increase “public access” and provide a more aesthetically pleasing area for the public’s enjoyment of the linear breakwater area located south of the Marina’s south basin. The project is anticipated to have four (4) phases as funding is available. At the outset, funding for the design and Phase I base construction & Phase II is included in

the City’s Fiscal Year 2018 – 2019 Capital Improvement Budget in the amount of $210,532. Phases may be

interchangeable dependent of cost and funds availability.

Phase I - will primarily consist of the development of the design/engineering of the project and the initial

improvement of the accessibility of the area.

Phase II – Further increase public access to water with small scale docks/piers (similar to Clam Bayou).

Phase III – Construction of a Scenic overlook and way finding signage identifying the City of Gulfport.

Phase IV – Proposed introduction and construction of a “Living Shoreline” adjacent to the existing break water.

In addition, the City’s consultant has determined in correspondence with the Southwest Florida Water Management District (SWFWMD) that a living shoreline project at the location could be eligible for the

Cooperative Funding Initiative (CFI) grant program, where SWFWMD will match one for every non-Federal

dollar used in water quality and natural restoration projects (50/50 Match). The City has been very successful in

securing SWFWMD funding, most recently completing the 49th Street Outfall project adjacent to the Marina.

ANALYSIS:

The City previously advertised and received qualifications from engineering firms to provide various professional

engineering services to the City and at that time awarded a continuing engineering services contract to

Cardno/TBE Engineering through the passage of Resolution 2005-03. Cardno Engineering has been working with

staff on cost estimates for the Project.

The attached Cardno Engineering scope(s) of services provide for the following: $ 65,000

• Park Design/engineering and related support costs.

After completion of the design process, bid documents will be prepared and advertised; with the subsequent bid

process taking place for the balance of the Park’s construction and selected Park amenities. At that point the

project will return to City Council to authorize the bid award and request approval for construction.

If the City is successful in obtaining the SWFWMD Cooperative Funding Initiative (CFI) grant – staff will return

to City Council for City Council’s formal acceptance of the grant and associated budget amendment for the linear park’s water quality and natural restoration project phase.

GHS Environmental’s scope of service: $ 17,400

• SWFWMD Cooperative Funding Initiative (CFI) grant application, conceptual design and due diligence

to ensure that the conceptual design meets the federal and state’s permitting criteria.

FINANCIAL IMPACT:

At this time - Phase I & II of the project is estimated at a cost of $210,532 including design, as provided within

the City of Gulfport’s - Fiscal Year 2018 – 2019 Capital Improvement Budget.

Preliminary project cost for Phase IV “Living Shoreline” aspect is estimated to be in the range of $200,000, with

$100,000 of the project cost borne by SWFWMD Cooperative Funding Initiative (CFI) grant funds.

Currently the BCYC Breakwater Linear Park is budgeted within the Capital Projects Fund in the amount of

$210,532. The requested budget amendment would re-appropriate $65,000 from Capital Projects to the Marina, as

well as approve the use of appropriated surplus from the Marina fund balance in the amount of $17,400. The

balance of $145,532 will remain in the Capital Projects Fund assigned to the BCYC Breakwater Linear Park

unless otherwise appropriated.


Fund Type Number Budget (Credit) Budget

Capital BCYC Breakwater Linear Park 300-0000-572-63-41 210,532 (65,000) 145,532

Capital Transfer to Marina 300-0000-581-97-03 - 65,000 65,000

Marina Transfer from Capital 460-0000-381-30 - (65,000) (65,000)

Marina Appropriated Surplus 460-0000-389-01 (48,627) (17,400) (66,027)

Marina BCYC Breakwater Linear Park 460-4140-575-63-01 - 82,400 82,400

MOTION:

A motion to approve or deny the resolution authorizing the City Manager to enter into an agreement with Cardno

Engineering in the amount of $65,000 for the engineering, design, permitting, and construction monitoring

services for the Marina’s BCYC Breakwater Linear Park Improvement Project – Phase I & II. Furthermore,

authorizing the City Manager to submit a Southwest Florida Water Management District (SWFWMD)

Cooperative Funding Initiative (CFI) grant application for a water quality and natural restoration project at the

site. Additionally, a motion to approve/deny the requested budget amendment, would be appropriate.

____________________________________


A RESOLUTION OF THE CITY OF GULFPORT, FLORIDA, AUTHORIZING THE

CITY MANAGER TO ENTER INTO AN AGREEMENT WITH CARDNO

ENGINEERING FOR THE BCYC BREAKWATER LINEAR PARK IMPROVEMENT

PROJECT – PHASE I AND II; PROVIDING AUTHORIZATION TO THE CITY

MANAGER TO SUBMIT AN APPLICATION FOR A SOUTHWEST FLORIDA

WATER MANAGEMENT DISTRICT COOPERATIVE FUNDING INITIATIVE

GRANT; PROVIDING FOR A BUDGET AMENDMENT; AND PROVIDING FOR

AN EFFECTIVE DATE.

WHEREAS, The BCYC Breakwater Linear Park was initially proposed by the Mayor and City Council

during the Fiscal Year 2018 – 2019 Capital Improvement Budget discussions; and

WHEREAS, The premise of the park improvement project is to increase “public access” and provide a more aesthetically pleasing area for the public’s enjoyment of the linear breakwater area located south of the Marina’s south basin.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF GULFPORT,

FLORIDA:

Section 1. The City Council hereby authorizes the city manager to enter into an Agreement with Cardno

Engineering in the amount of $65,000 for the engineering, design, permitting, and construction

monitoring services for the Marina’s BCYC Breakwater Linear Park Improvement Project – Phase I & II.

Section 2. The City Council hereby authorizes the city manager to submit a Southwest Florida Water

Management District (SWFWMD) Cooperative Funding Initiative (CFI) Grant Application for a water

quality and natural restoration project at the site.

Section 3. The City Council hereby authorizes the city manager to provide for the following budget

amendment for the Marina’s BCYC Breakwater Linear Park Improvement Project as follows:


Fund Type Number Budget (Credit) Budget

Capital BCYC Breakwater Linear Park 300-0000-572-63-41 210,532 (65,000) 145,532

Capital Transfer to Marina 300-0000-581-97-03 - 65,000 65,000

Marina Transfer from Capital 460-0000-381-30 - (65,000) (65,000)

Marina Appropriated Surplus 460-0000-389-01 (48,627) (17,400) (66,027)

Marina BCYC Breakwater Linear Park 460-4140-575-63-01 - 82,400 82,400


PASSED AND ADOPTED this 2nd day of October, 2018 by the Council of the City of Gulfport, Florida.


ATTEST:


CITY- OF ST. PETERSBURG

CITY OF ST. PETERSBURG, FLORIDA RICK KRISEMAN, Mayor

OHice of the Mayor

VIA CERTIFIED U.S. MAIL RETURN RECEIPT REQUESTED

September 22, 2016

James E. O'Reilly City Manager City of Gulfpan 2401 53rd St. S. GulfporL, FL 33707

Re: Notice lo Terminate Agreement Upon Expiration of Initial Term

Dear Mr. O'Reilly:

In accordance with Paragraph 3. Part C of the Agreement dated October 6, 1988 between the City of St. Petersburg and the City ofGulfport, the City of St. Petersburg provides this required 730 days written notice of St. Petersburg's desire for the Agreement to end when the initial thirty (30) year term is completed on October 5, 2018.

Staff from St. Petersburg's Water Resources Department will be contacting Gulfport's utility staff in the near future to initiate the negotiation of new water and wastewater service agreements prior to the expiration of the current agreement in 2018. If you have any questions regarding this matter, please do not hesitate to contact me. We look forward to working with Gulfport regarding this matter.

Gary G. Cornwell, Ph.D. City Administrator

Cc: Lesley DeMuth, Gulfport City Clerk Don Sopak, Gulf port Public Works Director Claude Tankersley, St. Petersburg Public Works Administrator Steve Leavitt, St. Petersburg Water Resources Director Evelyn Rosetti, St. Petersburg Water Resources Business Services Manager

{00284S58I

CITY OF ST. PETERSBURG, P.O. BOX 2842, ST. PETERS!IURG, FLORIDA 33731, TELEPHONE: (727) 893-7201

AGREEMENT FOR WATER SERVICES

THIS AGREEMENT made and entered by and between the CITY OF ST. PETERSBURG, a Florida municipal corporation, herein referred to as "St. Petersburg," and the CITY OF GULFPORT, a Florida municipal corporation, herein referred to as "Gulfport". Both St. Petersburg, as a provider of water services, and Gulfport, as a recipient of water services, collectively hereafter sometimes referred to as the "Parties", are located in Pinellas County Florida.

WI T NE S S E T H:

WHEREAS, St. Petersburg owns and operates a potable water system, herein referred to as "the System"; and

WHEREAS, Gulfport believes it will be in the best interests ofthe citizens and inhabitants of Gulfport to continue to have potable water services ("Water Services") provided by St. Petersburg; and

WHEREAS, service to Gulfport is currently governed by a Water Service Agreement dated October 6, 1988 that terminates on October 5, 2018; and

WHEREAS, St. Petersburg provides wholesale water services to certain real property located within Pinellas County, Florida more specifically described in Exhibit A, attached hereto and incorporated by reference herein; and

WHEREAS, St. Petersburg agrees to sell and Gulfport agrees to buy potable water during the term of this Agreement in accordance with the terms and conditions hereinafter set forth; and

WHEREAS, St. Petersburg and Gulfport are committed to comply with all federal, state and local Rules and Regulations governing water systems and with the terms of this Agreement; and

WHEREAS, St. Petersburg and Gulfport covenant and agree that they have the power and authority to enter into this Agreement.

NOW, THEREFORE, incorporating the above Whereas clauses as if fully stated herein and in consideration of the mutual covenants and promises contained herein, the Parties hereby agree as follows:

1. SERVICE

(a) St. Petersburg agrees to provide and Gulfport agrees to pay for Water Services during the term of this Agreement and in accordance with the terms and conditions hereinafter set forth.

Page 1 of8

2. POINT OF CONNECTION

(a) All potable water flows delivered by St. Petersburg to Gulfport under this Agreement shall be delivered through metered connections between the St. Petersburg water system and the Gulfport water system.

(b) Metered connections presently exist at Fairfield A venue/49th Street South, 7th

Avenue/58th Street South, Gulfport Blvd/64th Street South, 26th Avenue/49th Street South and NEC of Royal Palm Dr. S/Pelican Creek Crossing. Any future metered connections at other locations shall be agreed upon by the Public Works Director of Gulfport and the St. Petersburg Water Resources Director, or their designated representatives. Metered connections are specifically described in Exhibit "A" attached hereto and incorporated by reference herein.

3. METERING

(a) St. Petersburg shall be responsible for the installation, operation, maintenance and replacement of appropriately sized and configured water backflow meters together with appurtenant equipment at such location as shown in Exhibit "B" (hereafter "the Gulfport Meter"). The metering equipment shall be a standard make and type, installed at a readily accessible location, and shall record total flow delivered with an error tolerance not to exceed ± five percent (5%) of the full-scale reading, suitable for billing purposes.

(b) St. Petersburg shall read the Gulfport's Meters for billing purposes each month. No later than January 31 st of each year, St. Petersburg shall calibrate the Gulfport Meter and provide the results of the certified calibration to Gulfport in writing.

(c) Gulfport shall have the right to check the accuracy of the Gulfport Meter at any time by notifying St. Petersburg in writing and requesting that St. Petersburg conduct an inspection of the Gulfport Meter. St. Petersburg shall arrange for an inspection and provide at least three (3) days advance written notice to Gulfport ofthe date of such inspection. St. Petersburg shall provide a report of the inspection findings to Gulfport within thirty (30) days of the completion of such inspection. If the meter is found to be recording flows within± five percent (5%), Gulfport shall bear the cost of such inspection and shall reimburse St. Petersburg for the inspection costs within thirty (30) days of receipt of invoice for those costs. The term "inspected" used in this Paragraph 3 shall mean an inspection by personnel certified by the manufacturer of the flow meter to test and calibrate the accuracy of the flow meter.

(d) If the Gulfport Meter is found to be in error exceeding five percent ( 5%) of true accuracy, it shall be re-calibrated in accordance with the manufacturer's recommended standards at St. Petersburg's expense. The Parties shall then review the monthly water service bills since the last inspection or calibration of the Gulfport Meter to attempt to identify when the error rate began to exceed five percent (±5%). In conducting their review, the Parties shall consider relevant historical water flow data from previous years, seasonal and unseasonable weather conditions, significant events impacting Gulfport's water system (e.g., malfunctions, repairs and improvements), significant construction and development activities, as well as any other matters which may account for material changes in the amount of water used by Gulfport. If the Parties

Page 2 of8

are unable to establish, to a reasonable degree of certainty, a time since the Gulfport Meter was last inspected or calibrated where it appears that the monthly water flow to Gulfport, as measured by the Gulfport Meter, began differing from actual monthly water flow to Gulfport by more than five percent (±5%), it shall be presumed the error began occurring on the mid-point date between the previous inspection or calibration and the date on which the error rate was confirmed through inspection or re-calibration. The monthly wholesale water service bills paid by Gulfport to St. Petersburg since the date the Parties identify as the date on which the Gulfport Meter began malfunctioning, shall be adjusted. Gulfport shall pay to or receive from St. Petersburg the sum of the difference between the water service bills invoiced since the meter began malfunctioning and the re-computed water service bills for that period. Amounts due or owed by Gulfport will be paid in equal monthly installments over the number of months the error rate exceeded five percent (±5%) beginning the month following re-computation of the water service bills for that period. The term "inspected" used in paragraph 3 shall mean an inspection by personnel certified by the manufacturer of the meter to test and calibrate the accuracy of the meter.

4. USE

(a) Gulfport agrees not to distribute water received from St. Petersburg pursuant to this Agreement to any other person and further agrees not to make or permit any cross-connections or interconnection to any other water supply. Gulfport shall be responsible for all costs of connection to the supply mains, including but not limited to the costs of mains and other pipes, meters, and operation and maintenance costs of all facilities on the Gulfport side of the meters.

(b) It is specifically understood and agreed that Gulfport shall be permitted to furnish water to consumers outside the limits of Gulfport who may not practically be served by St. Petersburg. Gulfport will not sell water to persons located within the City of St. Petersburg or outside the City of Gulfport unless it shall be determined by the Water Resources Director of St. Petersburg that the service to these residents by St. Petersburg is not practical.

5. COMPLIANCE WITH FEDERAL, STATE, AND LOCAL REQUIREMENTS

(a) Gulfport shall comply with all applicable laws and regulations related to water use and to the enforcement of water conservation requirements, including, but not limited to assisting the Southwest Florida Water Management District (District) with enforcement provisions of the year-round water conservation measures of Chapter 40D-22.201, F.A.C. in accordance with Section 373.609, F.S. In addition, Gulfport shall implement all water shortage or water shortage emergency orders declared by the District pursuant to Chapter 40D-21, F.A.C.

(b) Gulfport agrees that should any contamination or possibility ofcontamination occur within its water system, or should any other situation occur within its system that would affect the public health or safety of other customers receiving water from St. Petersburg, Gulfport will immediately notify the Water Resources Director and take all steps necessary to correct the situation, including the temporary discontinuation of service and installation of isolation backflow prevention assemblies, that are necessary to protect the water supply.

6. PROJECTIONS AND WATER FLOWS

Page 3 of8

(a) No later than January 31st of each year, Gulfport will give written notice to St. Petersburg of its projected treated water requirements for the current year and the five (5) years following the year in which such notice is given. Such projections shall include maximum and average flows stated in gallons per day. Flow projections shall be based upon the population projection, per capita daily demand projection, and average daily water projections based upon historical records.

(b) St. Petersburg reserves the right to restrict or otherwise limit the amount of capacity available to any customer during periods of emergency, storms, or other intermittent or temporary events when, in the sole discretion of St. Petersburg, such restrictions or limitations are necessary for the efficient and effective operation of its system. St. Petersburg agrees to notify Gulfport in advance, if practicable, and to promptly notify Gulfport of any such event that would require it to restrict or otherwise limit its ability deliver water to from Gulfport and make reasonable efforts to work with Gulfport to mitigate adverse consequences of such restrictions or limitations. St Petersburg does not waive its right to terminate this Agreement through this or other expressions of good faith cooperation and negotiation.

(c) In the event that the performance of this Agreement by either Party to this Agreement is prevented or interrupted in consequence of any cause beyond the control of either Party, including, but not limited to Acts of God, allocations or other governmental restrictions upon the use of or availability of plant capacities, rationing, windstorm, hurricane, earthquake, or other casualty or disaster or catastrophe, unforeseeable failure or breakdown of pumping transmission or other facilities, any and all governmental rules or acts or orders or restrictions or regulations or requirements, acts or actions of any government or public or governmental authority or commission or board or agency or agent or official or officer, the enactment of any statute or ordinance or resolution or regulation or rule or ruling or order, order of decree or judgement or restraining order of injunction ofany court, said Party shall not be liable for such non-performance. Both Parties agree to promptly notify the other Party of any such event that would prevent it from performing its obligations pursuant to this Agreement. Each Party shall provide the other with a contact name and phone number for 24-hour availability in the event of an emergency.

7. RATES AND CHARGES

(a) St. Petersburg agrees to provide and Gulfport agrees to pay for water service on the basis of measured flows and billed in accordance with the rates, fees, and charges established by the St. Petersburg City Council, plus a 25% outside the City limit surcharge as authorized by Section 180.191 Florida Statutes and the St. Petersburg City Code.

(b) St. Petersburg agrees to complete a rate study prior to the beginning of each fiscal year to establish he estimated rate for the next fiscal year. The actual rate for the current year will be determined approximately 60 days before the end of the current fiscal year. St. Petersburg agrees to provide, at Gulfport's request, all details for the annual rate study including such costs and analysis and other information used in the development of the actual and estimated Gulfport wholesale service rate. St. Petersburg shall provide preliminary notice to Gulfport at least one hundred and twenty (120) days prior to the effective date of any changes to its rates, fees, charges and surcharges. St. Petersburg shall also provide notice at least ten (10) days prior to the public

Page 4 of8

hearing scheduled to consider such changes in the rates, fees, charges or surcharges.

(c) St. Petersburg shall bill Gulfport monthly and payment shall be made upon receipt of invoice. Payments received after thirty ( 45) days shall be subject to reasonable late charges as established by St. Petersburg. Failure of Gulfport to pay charges shall constitute a breach of this Agreement and St. Petersburg may, at its option, terminate this agreement and discontinue service to Gulfport.

(d) It is specifically understood and agreed that Gulfport will not provide water services to its residents or other users at a rate less than the prevailing rate that the City of St. Petersburg charges its residents.

8. SERVICE STANDARDS

St. Petersburg shall comply with all applicable federal and state requirements and rules related to the provision ofwater service to the public. St. Petersburg does not guarantee any special service, pressure, quality, capacity, or availability other than that which is required to fulfill St. Petersburg's duty ofreasonable care in providing water service.

9. OWNERSHIP

It shall be understood between the Parties hereto that each Party owns its own water system, and each is a separate and independent system from the other.

10. DISCONNECTION

Should this Agreement terminate for any reason, the connections, pipes and appliances connected to the St. Petersburg system shall be disconnected within a reasonable amount of time not to exceed two (2) years, which will allow for Gulfport to achieve an alternate connection, and the St. Petersburg system left in as good condition as before connection was made therewith, normal wear and tear excepted.

11. DEFAULTS

In addition to other legal remedies, if either Party shall fail to comply with the provisions of this Agreement, the other has the option to cancel this Agreement by giving the other Party ninety (90) days written notice.

12. TERM

The effective date ofthis Agreement shall be October 6, 2018 and the parties agree that the terms of this Agreement shall be retroactively applied to October 6, 2018 if this Agreement is not fully executed by that date. This term of this Agreement shall be for ten (10) years which will commence on October 6, 2018 and expire on October 5, 2028. Thereafter, this Agreement shall be automatically renewed from year to year without either party taking any action to renew the same. After the ten (10) year term, this Agreement may be terminated by either party upon 360 days

Page 5 of8

written notice prior to the next annual anniversary date of the Agreement as automatically extended. If either party desires the Agreement to end when the ten (10) year term is completed, 360 days written notice shall be given before the end of said ten (10) year term. Written notice shall be considered given if delivered by registered or certified mail of the Clerk of the municipality.

13. ASSIGNMENT

Gulfport agrees not to assign any of its rights under this contract without the prior written approval ofSt. Petersburg with the same formality as employed in the execution ofthis Agreement.

14. SUPERSEDES

This Agreement replaces and supersedes the previous Agreement for Water Services by and between Gulfport and St. Petersburg, dated October 6, 1988.

15. HOLD HARMLESS

Gulfport agrees to indemnify, defend, save, and hold harmless St. Petersburg from all claims, demands, liabilities, and suits of any nature whatsoever arising out of, or due to, the breach of this Agreement by Gulfport, its agents or employees, or due to any act, occurrence, omission, or negligence of Gulfport, its agents or employees in the operation of its system. To the extent authorized by law and subject to the limitations of Section 768.28 Florida Statutes, St. Petersburg agrees to indemnify, defend, save, and hold harmless Gulfport from all claims, demands, liabilities, and suits of any nature whatsoever arising out of, or due to, the breach of this Agreement by St. Petersburg, its agents or employees, or due to any act, occurrence, omission, or negligence of St. Petersburg, its agents or employees in the operation of its system. Nothing contained herein shall constitute a waiver by St. Petersburg of its sovereign immunity or the limitations set forth in Section 768.28, Florida Statutes.

16. NOTICE

All notices, requests, and other communications which are required or permitted pursuant to this Agreement shall be in writing and shall be deemed to have been duly given or delivered personally when sent by facsimile, telex telegram, email, or when mailed, registered or certified first-class postage pre-paid as set forth below:

If to St. Petersburg, to: If to Gulfport, to:

Director Water Resources Department Director of Public Works City of St. Petersburg City of Gulfport 1635 Third Avenue North 2401 53rd St. S. St. Petersburg, FL 33713 Gulfport, FL

with a copy to: with a copy to:

Page 6 of8

City Attorney City of St. Petersburg P.O. Box 2842 One 4th Street North St. Petersburg, FL 33701

City Manager City of Gulfport 2401 53rd ST. S Gulfport, FL

17. ADDITIONAL PROVISIONS

If during the term of this Agreement, the property owners of the area served by Gulfport are annexed into St. Petersburg, then this Agreement shall become null and void one (1) year after the date of such annexation and St. Petersburg may purchase Gulfport's water utility facilities at a mutually agreed upon purchase price. If the Parties are unable to agree upon a purchase price for the facilities, the Parties agree to have the fair market value ofthe facilities determined by a Florida Court having appropriate jurisdiction and each Party shall be responsible for its own attorney's fees and costs in any such proceeding. The termination of this Agreement shall not be used as a basis to diminish the fair market value to be paid for the utility facilities. Upon determination and payment of the fair and reasonable value of the facilities to Gulfport, the facilities shall be transferred to St. Petersburg.

18. SEVERABILITY

If any one or more sections, clauses, sentences or part of this Agreement shall for any reason be questioned in any Court, and shall be adjudged unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remaining provisions thereof, but shall be confirmed in its operation to the specific provisions so held unconstitutional or invalid and the inapplicability or invalidity of any section, clause or provisions of this Agreement in any one or more instances shall not affect or prejudice in any way its applicability or validity in any other instances.

IN WITNESS WHEREOF, the Parties hereto have caused these present to be exercised in duplicate by their proper officers duly authorized so to do and have affixed their corporate seals the day and year first above written.

CITY OF GULFPORT, FLORIDA: ATTEST

(SEAL) By: ___________ Name:

James E. O'Reilly City Manager

Lesley DeMuth City Clerk

Page 7 of8

-------------Date:

CITY OF ST. PETERSBURG, FLORIDA:

By: ____________

Name: Rick Kriseman Mayor

Approved as to Form and Content:

Andrew Salzman City Attorney (Designee)

ATTEST

(SEAL)

Chan Srinivasa City Clerk

Date: -------------Approved as to Form and Content:

City Attorney (Designee)

Page 8 of8

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CITY OF GULFPORT

CITY COUNCIL

AGENDA MEMORANDUM


DATE: October 2, 2018 AGENDA ITEM: 7-d


SUBJECT: Interlocal Agreement with the City of St. Petersburg to provide wholesale

potable water service(s) to the City of Gulfport.

RECOMMENDATION: (or)

DIRECTION REQUESTED:

Staff recommends that City Council approve and authorize the City Manager to execute and

enter into an Interlocal Agreement with the City of St. Petersburg to provide wholesale potable

water services to the City of Gulfport for a period of ten (10) years; effective as of October 6,

2018.

BACKGROUND:

The City of Gulfport presently purchases and receives wholesale potable water services from the

City of St. Petersburg under a Water Service Agreement dated October 6, 1988 that terminates

on October 5, 2018.

On September 22, 2016, as required by the present agreement (paragraph 3, part C), the City of

St. Petersburg provided the City of Gulfport the required 730 days written notice of the City of

St. Petersburg’s desire for the Wastewater and Water Service Agreement(s) to end when the

initial thirty (30) year term is completed on October 5, 2018.

Subsequently, the respective cities’ respective staffs met a series of times to confer and where possible negotiate terms for inclusion within the now proposed agreement submitted for the City

of Gulfport’s City Council’s consideration.

In anticipation of its expiration on October 5, 2018 both parties wished to enter into a new

Interlocal Agreement for wholesale potable water services for a term of ten (10) years.

The City of St. Petersburg’s City Council approved the agreement at their Thursday, September

20, 2018 City Council meeting.

ANALYSIS:

The City of Gulfport will agree to pay for wholesale potable water services provided by the City

St. Petersburg (“Water Services”) pursuant to same polices applicable to customers within the City of St. Petersburg. The City of Gulfport agrees to pay for wholesale potable water services to

the City of St. Petersburg on the basis of measured flows and billed in accordance with the rates,

fees, and charges established by the City of St. Petersburg City Council by Ordinance, plus a

25% outside the City limit surcharge as authorized by Section 180.191 Florida Statutes and the

City of St. Petersburg Code of Ordinances.

Within the agreement it is specifically understood and agreed that the City of Gulfport will not

provide water services to its residents or other users at a rate less than the prevailing rate that the

City of St. Petersburg charges its residents.

FINANCIAL IMPACT:

In accordance with the enclosed agreement, The City of St. Petersburg agrees to provide, and the

City of Gulfport agrees to pay, for water service on the basis of measured flows and billed in

accordance with the rates, fees, and charges, established by the St. Petersburg City Council by

Ordinance. In FY18 the Wholesale water cost to the City of Gulfport was $5,094 per million

gallons. As a result of the annual rate analysis performed by the City of St. Petersburg the FY19

wholesale water cost has increased to $5,312 per million gallons which reflects a 4.28% increase.

In addition to the typical annual increase, this contract renewal includes a stipulation that the

City of Gulfport shall also pay a twenty-five percent (25%) outside St. Petersburg city limit

surcharge as authorized by Section 180.191 Florida Statutes and the St. Petersburg City Code.

City staff has been preparing for the contract renewal for quite some time, and most recently

retained Stantec Consulting Services, Inc. to evaluate the adequacy of the City's existing water

and sewer rates to meet its current and future financial requirements over a ten-year planning

period, under a variety of assumptions and conditions. The most unpredictable assumption is the

City of St. Petersburg’s annual rate increase, in which we have assumed a 3.25% increase in

wholesale water costs each year over the next 9 fiscal years.

The Utility Rate Sufficiency Study was presented to City Council on June 19, 2018 and includes

details of the financial plan to address the significant rate increases we are seeing today. Please

see attached Exhibit “A”.

MOTION:

I move to approve/deny Resolution No. 2018-75 approving and authorizing the City Manager to

execute and enter into an Interlocal Agreement with the City of St. Petersburg to provide

wholesale potable water services to the City of Gulfport for a period of ten (10) years; providing

for an effective date of October 6, 2018.

____________________________________


A RESOLUTION OF THE CITY OF GULFPORT, FLORIDA, APPROVING A

TEN (10) YEAR INTERLOCAL AGREEMENT WITH THE CITY OF ST.

PETERSBURG TO PROVIDE WHOLESALE POTABLE WATER SERVICES;

PROVIDING AUTHORIZING TO THE CITY MANAGER TO SIGN SAID

AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, The city presently purchases and receives wholesale potable water services from

the City of St. Petersburg under a Water Service Agreement dated October 6, 1988 that

terminates on October 5, 2018; and

WHEREAS, In anticipation of its expiration on October 5, 2018, both parties wished to enter

into a new Interlocal Agreement for wholesale potable water services for a term of ten (10)

years; and

WHEREAS, The respective cities’ respective staffs met a series of times to confer and where possible negotiate terms for inclusion within the new proposed agreement; and

WHEREAS, The City of St. Petersburg’s City Council approved the agreement at their Thursday, September 20, 2018, City Council meeting.


GULFPORT, FLORIDA:

Section 1. The City Council hereby approves a ten (10) year Interlocal Agreement with the City

of St. Petersburg to provide wholesale potable water services beginning October 6, 2018.

Section 2. The City Council hereby authorizes the City Manager to sign said agreement.



Florida.


ATTEST:


CITY OF ST. PETERSBURG, FLORIDA RICK KRISEMAN, Mayor

Office of the Mayor

VIA CERTIFIED U.S. MAIL RETURN RECEIPT REQUESTED

September 22, 2016

James E. O'Reilly City Manager City of Gulfport 2401 53rd SL S. Gulfport, FL 33707

Re: Notice lo Terminate Agreement lJpon Expiration of Initial Term

Dear Mr. O'Reilly:

In accordance with Paragraph 3. Part C of the Agreement dated October 6, 1988 between the City of St. Petersburg and the City ofGulfport, the City of St. Petersburg provides this required 730 days written notice of St. Petersburg's desire for the Agreement to end when the initial thirty (30) year term is completed on October 5, 2018.

Staff from St. Petersburg's Water Resources Department will be contacting Gulfport's utility staff in the near future to initiate the negotiation of new water and wastewater service agreements prior to the expiration of the current agreement in 20 I&. If you have any questions regarding this matter, please do not hesitate to contact me. We look forward to working with Gulfport regarding this matter.

Gary G. Cornwell, Ph.D. City Administrator

Cc: Lesley DeMuth, Gulfport City Clerk Don Sopak, Gulfport Public Works Director Claude Tankersley, St. Petersburg Public Works Administrator Steve Leavitt, St. Petersburg Water Resources Director Evelyn Rosetti, St. Petersburg Water Resources Business Services Manager

(002845581

CITY OF ST. PETERSBURG, P.O. BOX 2842, ST. PETERSBURG, FLORIDA 33731, TI::LEPHONE: (727) 893-7201

AGREEMENT FOR WASTEWATER SERVICES

THIS AGREEMENT made and entered by and between the CITY OF ST. PETERSBURG, a Florida municipal corporation, herein referred to as "St. Petersburg," and the CITY OF GULFPORT, a Florida municipal corporation, herein referred to as "Gulfport". Both St. Petersburg, as a provider of Wholesale Wastewater Services, and Gulfport, as a recipient of Wholesale Wastewater Services, collectively hereafter sometimes referred to as the "Parties", are located in Pinellas County Florida.

WIT NE S S E T H:

WHEREAS, St. Petersburg owns and operates a wastewater collection, treatment, and disposal system, herein referred to as "the System"; and

WHEREAS, Gulfport provides wastewater collection services to certain real property located within Pinellas County, Florida more specifically described in Exhibit "A", attached hereto and incorporated by reference herein; and

WHEREAS, service to Gulfport is currently governed by an Agreement for sewage treatment service dated October 6, 1988 that terminates on October 5, 2018; and

WHEREAS, St. Petersburg agrees to provide, and Gulfport agrees to pay for wastewater transmission, treatment, and disposal service ("Wastewater Services") subject to the terms of this Agreement; and

WHEREAS, St. Petersburg and Gulfport are committed to comply with all Federal, State and Local Rules and Regulations governing wastewater systems and with the terms of this Agreement; and

WHEREAS, St. Petersburg and Gulfport covenant and agree that they have the power and authority to enter into this Agreement.

NOW, THEREFORE, incorporating the above Whereas clauses as if fully stated herein and, in consideration of the mutual covenants and promises contained herein, the Parties hereby agree as follows:

1. SERVICE

(a) St. Petersburg agrees to provide and Gulfport agrees to pay for Wastewater Services during the term of this Agreement and in accordance with the terms and conditions hereinafter set forth.

(b) St. Petersburg will treat the total wastewater flow generated from Gulfport up to an annual average daily flow of 1,375,0000 gallons per day (GPD) within St. Petersburg's wastewater

Page 1 of9

treatment system in accordance with the terms of this Agreement and in accordance with the standards of quality and applicable rules and regulations.

(c) Iffor any reason, Gulfport experiences or anticipates an event in which the actual annual average daily flows exceed 1,375,000 GPD, Gulfport will immediately submit written notice to St. Petersburg and begin a joint analysis with St Petersburg to address the need for additional wastewater capacity. Any resolution reached concerning maximum daily flow and wastewater capacity between Gulfport and St Petersburg shall be reduced to a supplemental agreement between the two parties, which will reference the terms of this Agreement. A resolution between the parties regarding additional capacity and addressing the higher flow level must be reached within twelve (12) months of the date of St. Petersburg's receipt of the written notice or this Agreement shall be terminated by St Petersburg.

2. POINT OF CONNECTION

(a) All wastewater flows delivered to St. Petersburg from Gulfport under this Agreement shall be delivered to a point of connection between the St. Petersburg wastewater system and the Gulfport wastewater system.

(b) The point of connection shall be that point where the conveyance system of St. Petersburg is physically connected with the conveyance system of Gulfport and is more specifically described in Exhibit "B" attached hereto and incorporated by reference herein. St. Petersburg shall own all wastewater facilities and appurtenances from the point of connection to the wastewater treatment facility, unless otherwise mutually agreed.

3. METERING

(a) Gulfport shall be responsible for the installation, operation, maintenance and replacement of an appropriately sized and configured wastewater flow meter together with appurtenant equipment. A meter presently exists at 29th A venue South and Miriam Street (hereafter "the Gulfport Meter") and any future metered connections at other locations shall be agreed upon by the parties hereto. Gulfport shall be responsible to inspect and calibrate the Gulfport Meter annually by the manufacturer or a qualified manufacturer's representative. The metering equipment shall record total flow from Gulfport with an error tolerance not to exceed ± five percent (5%) of the full-scale reading, and suitable for billing purposes. Gulfport s~all calibrate the Gulfport Meter and provide the results of the certified calibration to St. Petersburg in writing no later than January 31 st of each year.

(b) Gulfport shall have the right to inspect the accuracy of the Gulfport Meter at any time in order to determine accuracy. The term "inspected" used in this Paragraph 3 shall mean an inspection by personnel certified by the manufacturer of the flow meter to test and calibrate the accuracy of the flow meter. Gulfport shall provide a report of the inspection findings to St. Petersburg within thirty (30) days of the completion of such inspection. If the Gulfport Meter is found to be in error exceeding five percent (5%) of true accuracy, it shall be re-calibrated in accordance with the manufacturer's recommended standards at Gulfport's expense. The Parties shall then review the monthly wastewater service bills since the last inspection or calibration of

Page 2 of9

the Gulfport Meter to attempt to identify when the error rate began to exceed five percent (±5%). In conducting their review, the Parties shall consider relevant historical wastewater flow data from previous years, seasonal and unseasonable weather conditions, significant events impacting Gulfport's collection system (e.g., malfunctions, repairs and improvements), significant construction and development activities, as well as any other matters which may account for material changes in the amount of wastewater produced by Gulfport. If the Parties are unable to establish, to a reasonable degree of certainty, a time since the Gulfport Meter was last inspected or calibrated where it appears that the monthly wastewater flow from Gulfport, as measured by the Gulfport Meter, began differing from actual monthly wastewater flow from Gulfport by more than five percent (±5%), it shall be presumed the error began occurring on the mid-point date between the previous inspection or calibration and the date on which the error rate was confirmed through inspection or re-calibration. The monthly Wholesale Wastewater Service bills paid by Gulfport to St. Petersburg, since the date the Parties identify as the date on which the Gulfport Meter began malfunctioning, shall be adjusted. Gulfport shall pay to, or receive, from St. Petersburg the sum of the difference between the wastewater service bills invoiced since the Gulfport meter began malfunctioning and the re-computed wastewater service bills for that period. Amounts due or owed by Gulfport will be paid in equal monthly installments over the number of months the error rate exceeded five percent (±5%) beginning the month following re-computation ofthe wastewater service bills for that period.

4. COMPLIANCE WITH FEDERAL, STATE, AND LOCAL REQUIREMENTS

(a) Gulfport and St. Petersburg agree to comply with all applicable federal, state, and local regulations including, but not limited to, federal pretreatment and cross connection control regulations. Gulfport shall execute the attached Industrial Pretreatment Agreement attached- as Exhibit "C" and incorporated by reference herein. This Industrial Pretreatment Agreement shall supersede the Agreement for water and sewer treatment services executed on October 6, 1988 between Gulfport and St. Petersburg, which was assigned to and accepted by Gulfport at that time.

(b) If at any time, Gulfport shall not comply with the restrictions imposed upon it in this Agreement, or if Gulfport shall create any condition or allow any condition to persist which St. Petersburg determines to be harmful, disruptive, or destructive to any of its wastewater facilities that carry, treat and dispose of wastewater discharged by Gulfport, St. Petersburg shall give thirty (30) days written notice pursuant to paragraph 15 below to Gulfport to discontinue such harmful operation or practice. Should Gulfport refuse or be unable to correct such harmful condition within thirty (30) days of such written notice, St. Petersburg, at its sole discretion, may provide remedies to such conditions and charge all costs of said remedies to Gulfport, including the cost of repairing damage directly associated with St. Petersburg's wastewater system, including intercepting sewers and pumping stations. Gulfport shall be responsible for any costs, fees, fines or penalties assessed against St. Petersburg as a result ofpermit or other regulatory violations caused as a result of any act, omission, or negligence by Gulfport or its officers, agents or employees in the operation of its wastewater collection system. Such costs, fees, fines or penalties shall be in addition to any other damages Gulfport is responsible for pursuant to this Agreement.

(c) Gulfport understands and acknowledges that excess infiltration of fresh or saltwater into Gulfport' s wastewater system causes the capability of St. Petersburg to treat domestic and

Page 3 of9

industrial wastewater to be diminished and thus limits St. Petersburg's ability to treat and dispose of wastewater. Gulfport agrees that at the point of connection to St. Petersburg's system, chloride levels shall not exceed the local limit established for chlorides in the City of St. Petersburg City Code, unless such chloride levels are due to extreme natural disaster or Act ofGod. ( e.g. hurricane, tropical storm event). Gulfport agrees that the appropriate sampling location for St. Petersburg to sample Gulfport's wastewater to verify Gulfport's compliance with this Agreement will be the point of connection as shown on attached Exhibit "B". Gulfport further agrees to keep its wastewater collection system in such reasonable repair and condition that excess infiltration and inflow will be minimized. Gulfport shall execute the Inflow and Infiltration Agreement attached as Exhibit "D" and incorporated by reference herein. As specified in the Inflow and Infiltration (I/I) Agreement, Gulfport shall undertake an Annual I/I Reduction Plan and Program Report ("Annual Report") to identify excess inflow and infiltration and implement a program to control excess inflow and infiltration through a sewer rehabilitation program. (For purposes of this Agreement, the phrase "Excess Inflow and Infiltration" or any abbreviation thereof shall have the same definition as set forth in the Inflow and Infiltration Agreement attached as Exhibit "D" and incorporated by reference herein.) The form and format of the annual report shall be as agreed upon between both parties. Upon adoption of any applicable federal, state or local regulations relating to the maintenance, operation and management of sanitary sewer systems, Gulfport agrees to comply with the same and shall submit annual reports to St. Petersburg concerning its maintenance, operation and management program. In addition, Gulfport agrees to adhere to the standard operating procedure set forth for discharge reporting described in on attached Exhibit "E" which outlines the communication protocol between the City of Gulfport and the City of St. Petersburg in the event of extreme wet weather conditions.

(d) Gulfport agrees to deliver primarily domestic wastewater to St. Petersburg's system. Gulfport agrees to prohibit the delivery of wastewater to the St. Petersburg system that will interfere with St. Petersburg's treatment process and agrees to provide or require such pretreatment of Gulfport' s wastewater sufficient to meet untreated wastewater standards of the St. Petersburg wastewater system. The delivery of wastewater from the Gulfport system to the St. Petersburg system shall conform with the prohibitions and limitations established in the St. Petersburg City Code, as the same now exists, and/or as the same shall be hereafter amended from time to time. St. Petersburg shall adopt such local standards for Industrial Pretreatment for its customers, including wholesale users of the St. Petersburg wastewater system, by Ordinance, which may be amended, from time to time, for the protection of its wastewater system. St. Petersburg agrees, to begin discussion with Gulfport no less than six ( 6) months prior to any changes to St. Petersburg's Industrial Pretreatment Ordinance that would impact Gulfport with respect to industrial pretreatment of its wastewater.

5. PROJECTIONS AND WASTEWATER FLOWS

(a) No later than January 31st of each year, Gulfport will give written notice to St. Petersburg of its projected wastewater flows for the current year and the five (5) years following the year in which such notice is given. Such projections shall include maximum and average flows stated in gallons per day. Flow projections shall be based upon the sanitary sewer service district population projection, per capita daily demand projection, average daily wastewater projection, and average inflow and infiltration flow projections based upon historical records.

Page 4 of9

(b) In the event that the performance of this Agreement by either Party to this Agreement is prevented or interrupted in consequence of any cause beyond the control of either Party, including, but not limited to Acts of God, allocations or other governmental restrictions upon the use of or availability of plant capacities, rationing, windstorm, hurricane, earthquake, or other casualty or disaster or catastrophe, unforeseeable failure or breakdown of pumping transmission or other facilities, any and all governmental rules or acts or orders or restrictions or regulations or requirements, acts or actions of any government or public or governmental authority or commission or board or agency or agent or official or officer, the enactment of any statute or ordinance or resolution or regulation or rule or ruling or order, order of decree or judgement or restraining order of injunction ofany court, said Party shall not be liable for such non-performance. Both Parties agree to promptly notify the other Party of any such event that would prevent it from performing its obligations pursuant to this Agreement. Each Party shall provide the other with a contact name and phone number for 24-hour availability in the event of an emergency.

(c) St. Petersburg reserves the right to restrict or otherwise limit the amount of capacity available to any customer during periods of emergency, storms, or other intermittent or temporary events when, in the sole discretion of St. Petersburg, such restrictions or limitations are necessary for the efficient and effective operation of its system. St. Petersburg agrees to notify Gulfport in advance, if practicable, and to promptly notify Gulfport of any such event that would require it to restrict or otherwise limit its ability to treat wastewater from Gulfport and make reasonable efforts to work with Gulfport to mitigate adverse consequences of such restrictions or limitations. St Petersburg does not waive its right to terminate this Agreement through this or other expressions of good faith cooperation and negotiation.

6. RA TES AND CHARGES

(a) St. Petersburg agrees to provide, and Gulfport agrees to pay, for Wastewater Services based on the rates, fees, and charges, established by the St. Petersburg City Council by Ordinance. Gulfport shall also pay a twenty-five percent (25%) outside St. Petersburg city limit surcharge as authorized by Section 180.191 Florida Statutes and the St. Petersburg City Code. St. Petersburg shall provide preliminary notice to Gulfport at least one hundred and twenty (120) days prior to the effective date of any changes to its rates, fees, charges and surcharges. St. Petersburg shall also provide notice at least ten (10) days prior to the public hearing scheduled to consider such changes in the rates, fees, charges or surcharges.

(b) St. Petersburg shall bill Gulfport monthly based on the meter reading of the Gulfport Meter in accordance with the rates, fees, charges, and surcharges which are duly in effect at the time service is delivered. Meter readings for the month shall be made on or about the last day of the month and payment shall be made upon receipt of invoice. Payments received after 45 days shall be subject to reasonable late charges as established by St. Petersburg and published in the St. Petersburg City Code. Failure of Gulfport to pay charges shall constitute a breach of this Agreement.

(c) If it specifically understood and agreed that Gulfport will not provide collection and treatment services to its residents or other users at a rate less than the prevailing rate that the City of St. Petersburg charges its residents.

Page 5 of9

7. NO ACQUIRED RIGHTS

Neither Party, by reason or any provision of this Agreement, or the use of facilities there under, or otherwise, shall acquire any vested or adverse right or future right, in law or equity, in the treatment, collection or disposal system owned by the other Party. The use, rental, or license of treatment services, after the expiration of the initial term of this Agreement, or under any renewal thereof, shall not be deemed to initiate, create or vest any rights, save those herein expressly stated and enumerated.

8. OWNERSHIP

It shall be understood between the Parties hereto that each Party owns its own wastewa.ter collection system, and each is a separate and independent system from the other.

9. DISCONNECTION

Should this Agreement terminate for any reason, the connections, pipes and appliances connected to the St. Petersburg system shall be disconnected within a reasonable amount of time not to exceed two (2) years, which will allow reasonable time for Gulfport to achieve an alternate connection or treatment solution, and the St. Petersburg system left in as good condition as before connection was made therewith, normal wear and tear excepted.

10. DEFAULTS

In addition to other legal remedies, if either Party shall fail to comply with the provisions of this Agreement, the other has the option to cancel this Agreement by giving the other Party ninety (90) days written notice.

11. TERM

The effective date of this Agreement shall be October 6, 2018, and the parties agree that the terms of this Agreement shall be retroactively applied to October 6, 2018 if this Agreement is not fully executed by that date. The term of this Agreement shall be for ten (10) years which will commence on October 6, 2018 and expire on October 5, 2028. Thereafter, this Agreement shall be automatically renewed from year to year without either party taking any action to renew the same. After the ten (I 0) year term, this Agreement may be terminated by either party upon 360 days written notice prior to the next annual anniversary date ofthe agreement as automatically extended. If either party desires the Agreement to end when the ten (10) year term is completed, 360 days written notice shall be given before the end of said ten (I 0) year term. Written notice shall be considered given if delivered by registered or certified mail of the Clerk of the municipality.

12. ASSIGNMENT

Gulfport agrees not to assign any of its right under this contract without the prior written approval ofSt. Petersburg with the same formality as employed in the execution ofthis Agreement.

Page 6 of9

13. SUPERSEDES

This Agreement for Wastewater Services replaces and supersedes the previous Agreement for sewage treatment services by and between Gulfport and St. Petersburg, dated October 6, 1988.

14. HOLD HARMLESS

Gulfport agrees to indemnify, defend, save, and hold harmless St. Petersburg from all claims, demands, liabilities, and suits ofany nature whatsoever arising out of, or due to, the breach of this Agreement by Gulfport, its agents or employees, or due to any act, occurrence, omission, or negligence of Gulfport, its agents or employees in the operation of its system. To the extent authorized by law and subject to the limitations of Section 768.28 Florida Statutes, St. Petersburg agrees to indemnify, defend, save, and hold harmless Gulfport from all claims, demands, liabilities, and suits of any nature whatsoever arising out of, or due to, the breach of this Agreement by St. Petersburg, its agents or employees, or due to any act, occurrence, omission, or negligence of St. Petersburg, its agents or employees in the operation of its system. Nothing contained herein shall constitute a waiver by St. Petersburg of its sovereign immunity or the limitations set forth in Section 768.28, Florida Statutes.

15. NOTICE

-All notices, requests, and other communications which are required or permitted pursuant

to this Agreement shall be in writing and shall be deemed to have been duly given or delivered personally when sent by facsimile, email, or when mailed, registered or certified first-class postage pre-paid as set forth below:

Ifto St. Petersburg, to: If to Gulfport, to:

Director Water Resources Department Director Public Works Department City of St. Petersburg City of Gulfport 1635 Third Avenue North 2401 53rd St. S St. Petersburg, FL 33713 Gulfport, FL 33707

with a copy to: with a copy to:

City Attorney City Attorney City of St. Petersburg City of Gulfport P.O. Box 2842 2401 53rd St. S One 4th Street North Gulfport, FL 33707 St. Petersburg, FL 33701

Page 7 of9

16. ADDITIONAL PROVISIONS

If during the term of this Agreement, the property owners of the area served by Gulfport are annexed into St. Petersburg, then this Agreement shall become null and void one (1) year after the date of such annexation and St. Petersburg may purchase Gulfport' s wastewater utility facilities at a mutually agreed upon purchase price. If the Parties are unable to agree upon a purchase price for the facilities, the Parties agree to have the fair market value of the facilities determined by a Florida Court having appropriate jurisdiction and each Party shall be responsible for its own attorney's fees and costs in any such proceeding. The termination of this Agreement shall not be used as a basis to diminish the fair market value to be paid for the utility facilities. Upon determination and payment of the fair and reasonable value of the facilities to Gulfport, the facilities shall be transferred to St. Petersburg. -

17. SEVERABILITY

If any one or more sections, clauses, sentences or part of this Agreement shall for any reason be questioned in any Court, and shall be adjudged unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remaining provisions thereof, but shall be confirmed in its operation to the specific provisions so held unconstitutional or invalid and the inapplicability or invalidity of any section, clause or provisions of this Agreement in any one or more instances shall not affect or prejudice in any way its applicability or validity in any other instances.

IN WITNESS WHEREOF, the Parties hereto have caused these present to be exercised in duplicate by their proper officers duly authorized so to do and have affixed their corporate seals the day and year first above written.


(SEAL) By: ____________ Name:



Date: ------------Approved as to Form and Content:


Page 8 of9

CITY OF ST. PETERSBURG, FLORIDA: ATTEST

(SEAL) By: ___________



Date: ------------Approved as to Form and Content:


Page 9 of9

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22nd Avenue South & 42nd Street 1DATE: 8-29-18

EXIDBITC

INDUSTRIAL PRETREATMENT AGREEMENT BETWEEN CITY OF ST. PETERSBURG

AND THE CITY OF GULFPORT, FLORIDA

RECITALS

WHEREAS, the City of St. Petersburg ("St. Petersburg") owns and operates a wastewater collection, treatment, and disposal system, herein referred to as ''the System", and

WHEREAS, St. Petersburg has entered into an Agreement for Wastewater Services with the City of Gulfport ("Gulfport") dated ________ ("Wastewater Agreement") whereby St. Petersburg has agreed to provide wastewater service ("Wastewater Services") to Gulfport; and

WHEREAS, Gulfport provides Wastewater Services to certain real property located within Pinellas County, Florida more specifically described in Exhibit "A" to the Wastewater Services Agreement; and

WHEREAS, St. Petersburg is required by both Federal and State law to implement a pretreatment program applicable to all industrial users of the System wherever located; and

WHEREAS, Gulfport acknowledges its responsibility to comply with all appropriate Federal, State, and Local laws and regulations relating to industrial pretreatment;

In consideration of the following terms and conditions contained herein St. Petersburg and Gulfport agree that:

1. Gulfport shall certify and document no later than January 31st of each year that there are no significant industrial users, as defined by Federal, State, and Local regulations including Section 27-206(a) St. Petersburg City Code, nor dental dischargers as defined in Title 40, Part 441 of the Code of Federal Regulations, effective date July 14, 2017 connected to Gulfport Wastewater System (''the Gulfport System"). Such documentation shall be sent to:

Director of Water Resources Department City of St. Petersburg 1635 Third Avenue North St. Petersburg, FL 33713

2. Gulfport shall designate an appropriate official or employee to review, on an annual basis, all pertinent records ( e.g., connection permits, business licenses, water use records) to determine whether any significant industrial user or dental dischargers will be served by Gulfport. If a prospective significant industrial user or dental discharger is identified, Gulfport shall report this fact to St. Petersburg, and in that event, and only in that event, shall the provisions of paragraphs 4 and 5 below be

1

invoked. Gulfport shall provide St. Petersburg access to these records for independent verification upon request.

3. Gulfport agrees that, when required to do so, it will adopt and diligently enforce a wastewater use program which references, at a minimum, the "prohibited discharge" standards and the National Categorical Standards contained in the Federal Pretreatment Regulations, State regulations and the local limitations adopted by St. Petersburg related to industrial pretreatment, including dental dischargers as defined in Title 40, Part 441 of the Code of Federal Regulations, effective date July 14, 2017.

4. St. Petersburg, at its discretion, shall install appropriate metering and monitoring equipment at all points where the Gulfport System connects to St. Petersburg's System. All reasonable costs or expenses incurred by St. Petersburg in maintaining and operating this equipment shall be assessed in accordance with the terms of the wholesale wastewater service agreement between St. Petersburg and Gulfport dated

5. Gulfport shall not authorize any significant industrial user or dental discharger located within its jurisdiction to commence discharging to its wastewater system until provision has been made between Gulfport and St. Petersburg to oversee the significant industrial user's compliance with all applicable Federal, State, and Local pretreatment requirements. This shall be accomplished by renegotiation of this Agreement to establish and designate administrative responsibilities between Gulfport and St. Petersburg for all pretreatment legal and programmatic functions required by Title 40, Part 403 of the Code of Federal Regulations and Rule 62-625, Florida Administrative Code, and any other appropriate Federal, State, and Local regulations, including the following.

a) The agreement should indicate whether Gulfport or St. Petersburg is responsible for issuing control mechanisms to industrial users located within the contributing jurisdiction. If joint control mechanisms are to be issued, the agreement should indicate which party will take the lead in preparing the draft control mechanisms.

b) The agreement should indicate whether Gulfport or St. Petersburg has primary responsibility for enforcing pretreatment standards and requirements against industrial users located within Gulfport sewer service area. If Gulfport has primary responsibility for enforcing the program, the agreement should specify whether St. Petersburg can enforce such pretreatment standards and requirements if Gulfport fails to do so.

c) Where Gulfport has primary responsibility for permitting, compliance monitoring, and enforcement, it agrees that St. Petersburg has the right to take legal action as necessary to enforce the terms of the agreement and act directly against noncompliant industrial users if Gulfport is unable or unwilling to do so. The agreement should also provide for remedies available against

2

-------------

-------------

Gulfport, including indemnification and specific performance of pretreatment activities.

AGREED TO AND EXECUTED on this __

CITY OF GULFPORT, FLORIDA:

By: _____________ Name:


CITY OF ST. PETERSBURG, FLORIDA:

By: _____________


day of______, 2018.

ATTEST

(SEAL)


Date: Approved as to Form and Content:

Andrew Salman City Attorney (Designee)

ATTEST

(SEAL)


Date: Approved as to Form and Content:


3

EXIDBITD

INFLOW AND INFILTRATION AGREEMENT Between

CITY OF ST. PETERSBURG and GULFPORT

THIS INFLOW AND INFILTRATION AGREEMENT is entered into this_ day of ______, 2018, by and between the CITY OF ST. PETERSBURG, a Florida municipal corporation, herein referred to as "St. Petersburg", and Gulfport, a Florida municipal corporation, herein referred to as "Gulfport". Both St. Petersburg, as a provider of wholesale wastewater services, and Gulfport, as a recipient of wholesale wastewater services, collectively hereafter sometimes referred to as the "Parties," are located in Pinellas County Florida.

WITNESSETH:

WHEREAS, St. Petersburg owns, operates and maintains wastewater collection/transmission, treatment, and disposal facilities ("the System") [ which includes but is not limited to the Northwest (FLA128821), Albert Whitted (FLA128830), Southwest (FLA128848), and Northeast (FLA128856) Water Reclamation Facilities ("Facilities" or "System"), and the St. Petersburg Master Reuse System (FLA012881)] that are permitted by the Florida Department of Environmental Protection (FDEP); and

WHEREAS, St. Petersburg provides wastewater transmission, treatment and disposal service ("Wastewater Service") to Gulfport pursuant to an agreement dated _____, 2018 (the "Agreement"); and

WHEREAS, both Parties recognize that St. Petersburg and FDEP entered into a consent order (OGC FILE NO. 16-1280) addressing unpermitted discharges of wastewater and effluent from several of its Facilities and System; and

WHEREAS, both Parties recognize that excessive inflow and infiltration (I/I) ("Excess I/I") of stormwater and groundwater into the Parties' sanitary sewer systems may contribute to unpermitted discharges; and

WHEREAS, St. Petersburg desires to establish Peaking Factors within its wastewater collection/transmission, treatment, and disposal systems; including contributory flow received from wastewater collection/transmission systems owned and operated by Gulfport; and

WHEREAS, both Parties recognize the need for cooperation to allow Gulfport to determine the most cost-effective way to reduce I/I in order to remain below the maximum Peaking Factors.

1

NOW, THEREFORE, St. Petersburg and Gulfport hereby enter the following agreement:

1. PURPOSE OF AGREEMENT

(a) The purpose of this Agreement is to cooperatively reduce unpermitted discharges of wastewater, preserve capacity in the existing System, and assist in the planning for new or expanded capacity in the future. This Agreement establishes standards for acceptance of Inflow and Infiltration (VI) from wholesale wastewater customers through monitoring of Peaking Factors and the requirement that Gulfport prepare and implement plans to reduce Excess VI on an annual basis and provide St. Petersburg with progress reports that reflect best efforts to protect the health, welfare and safety of the public and the environment by requiring the reduction of VI and minimizing the risk of overflows in the System.

2. DEFINITIONS

(a) "Annual Average Daily Flow" means the total volume of wastewater measured at the compliance point during any consecutive 365 days, divided by 365 and expressed in units ofMGD.

(b) "Compliance Point" means the point of flow measurement where Gulfport's flows enter into the St. Petersburg System.

(c) "Excess Inflow and Infiltration (Excess I/I)" means VI is considered excessive if the actual flow rate at the Compliance Point exceeds either the Maximum Day Flow or the Peak Hour Flow calculated in accordance with Paragraph 3 (b) of this agreement.

(d) "Maximum Day Flow" means the largest volume of wastewater measured at the compliance point during any consecutive 24-hour period, expressed in units ofMGD; maximum 24-hour flow.

(e) "MGD" means a flow rate expressed in million gallons per day.

(f) "Peak Flow" means the maximum wastewater flow rate Gulfport is authorized to deliver to the System expressed as both a maximum daily flow and peak hour flow.

(g) "Peak Hour Flow" means the largest volume of wastewater measured at the compliance point during any consecutive 60-minute period, expressed in units ofMGD; maximum 60-minute flow.

(h) "Peaking Factor" means a multiplier that expresses the ratio of a peak ( or maximum) flow to the annual average daily flow; the maximum day peaking factor is the ratio of the measured maximum day to the measured annual average daily flow; the peak hour peaking factor is the ratio of the measured peak hour flow to the measured annual

2

average daily flow.

(i) ""Reporting Year" means the twelve-month period of January through December.

3. PEAK FLOW

(a) Wastewater flows measured at the compliance point are expected to not exceed the authorized Peak Flow during any given time periods.

(b) Peaking Factors for Annual Average Daily Flow, Maximum Day Flow and Peak Hour Flow Allocations shall be:

Level of Service Flow Peaking Factor

Annual Average ( daily) 1.0

Maximum Day 2.0

Peak Hour 3.0

4. PEAK FLOW RATE REDUCTION REQUIREMENTS.

(a) Gulfport shall take appropriate actions to ensure that its wastewater flows do not exceed the Peak Flows calculated in accordance with Paragraph 3(b) ofthis Agreement. IfGulfport has multiple compliance points within Gulfport's system, the flow rate will be

evaluated for each compliance point. A flow rate exceedance occurs if the highest

measured value of Gulfport's applicable flow rate, as recorded by St. Petersburg from flow

data collected at compliance points defined in Exhibit [B], exceeds Gulfport's applicable

Peak Flow.

5. REPORTING REQUIREMENTS

(a) Flow Rate Exceedance Report. If Gulfport has a flow rate measured at a

compliance point which exceeds the Peak Flow as defined in this Agreement, St. Petersburg will notify Gulfport of the exceedance in writing within 7 days of the

exceedance. Within thirty (30) days of being notified of a flow rate exceedance by St.

Petersburg, Gulfport shall provide St. Petersburg a written evaluation of what caused the

exceedance, what actions will be taken to correct the exceedance and when these actions will be completed. Ifthe actions and timelines for correction ofthis exceedance are already

contained within Gulfport's Annual Report (Section 5. (b)), the written evaluation must

reference the applicable section of the Annual Report and provide written verification that

3

the plans and timelines detailed in the Annual Report will eliminate further exceedances

from this compliance point.

(b) Annual I/I Reduction Plan and Progress Report ("Annual Report"). No later

than January 31 st of each year, Gulfport shall submit an Annual Report to St. Petersburg.

This report shall be certified for accuracy by a professional engineer licensed in the state of Florida or by a corporate officer. The Annual Report must contain the following

information:

i) Detailed documentation of Excess I/I identification and reduction activities carried out during the reporting year. This report should identify the

manhole covers plugged and sealed, cross connections eliminated, service laterals lined, manholes rehabilitated or replaced, a description of sanitary

sewer lines rehabilitated or replaced and other reduction activities. This report should also include the linear feet of sanitary sewer televised, smoke

test results, flow monitoring information, and other Excess I/I identification tasks completed.

ii) Detailed plans of I/I identification and reduction activities that Gulfport will

complete during the upcoming calendar year. These plans should include activities, timelines and milestones.

iii) Copies of any information distributed to the public concerning Excess I/I

reduction efforts. Alternatively, Gulfport may substitute a copy of their

periodic status report addressed to FDEP as required under a Consent Order, if applicable.


(SEAL)

By:-------------Name:



4

Date:-------------Approved as to Form and Content:



(SEAL) By: ___________ Name:

Rick Kriseman Mayor




5

EXHIBITE

AGREEMENT FOR WET WEATHER PROTOCOLS Between

CITY OF ST. PETERSBURG AND CITY OF GULFPORT

THIS AGREEMENT made and entered into this __ day of _____, 2018 by and between the CITY OF ST. PETERSBURG, a Florida municipal corporation, herein referred to as "St. Petersburg", and the CITY OF GULFPORT, a Florida municipal corporation, herein referred to as "Gulfport". Both St. Petersburg and Gulfport collectively referred to as the "Parties", are located in Pinellas County.

W I TN E S S E T H:

WHEREAS, St. Petersburg owns and operates a wastewater collection, treatment, and disposal system, herein referred to as "the System"; and

WHEREAS, St. Petersburg and Gulfport's wastewater flows are treated at the Southwest Water Reclamation Facilities "SWWRF"; and

WHEREAS, wet weather conditions may cause both St. Petersburg and Gulfport to contribute excess flows to the System; and

WHEREAS, St. Petersburg has increased the funding for and is currently implementing a program to reduce inflow and infiltration into the System; and

WHEREAS, wet weather or other emergency conditions within St. Petersburg and/or Gulfport may cause the unintentional discharge of flows into Clam Bayou; and

WHEREAS, this Agreement sets forth communication protocols during wet weather or emergency conditions,

NOW, THEREFORE, incorporating the above whereas clauses as if fully stated herein and in consideration of the mutual covenants and promises contained herein, the Parties hereby agree as follows:

1. St. Petersburg has standard operating procedures (SOP's) for discharge reporting. These SOP's include contacting Gulfport in the event known discharges occur into Clam Bayou. In accordance with the SOP's, St. Petersburg shall contact the Gulfport Public Works Director and Utilities Superintendent at the phone numbers set forth in the Communication Contact List attached hereto and incorporated herein as Exhibit E-1. If the individual listed on Exhibit E-1 does not answer the phone, the notifying Party may leave a message.

2. Ifwet weather or other emergency conditions cause a Gulfport daily total flow to exceed its annual average daily flows by a factor of 2.0, Gulfport shall contact St. Petersburg's Plant Maintenance Supervisor and the Water Reclamation Facility Manager at the phone numbers set forth in Exhibit E-1. If the individual listed on Exhibit E-1 does not answer the phone, the notifying Party may leave a message.

3. The individuals listed in Exhibit E-1 shall be updated by each Party ifthere are changes in the respective positions. Exhibit E-1 shall be reviewed and updated as necessary by written notification of the Party wishing to make a change. Changes shall be conveyed to all individuals listed in Exhibit E-1.

4. St. Petersburg and Gulfport agrees that during severe wet weather events, they will evaluate various, alternative means of operating their respective collections systems in order to avoid the diversion ofwastewater into the Clam Bayou storm drainage system. In the event that St. Petersburg or Gulfport determines there is no viable alternative to diverting wastewater into the Clam Bayou drainage system, taking into account both environmental protection and public health, safety and welfare, each party shall notify the other party of such determination prior to commencing such diversion. Notwithstanding the foregoing, in the event an emergency does not allow for such prior notice, such notification shall be made promptly, but in no event later than eight (8) hours subsequent to such diversion to the individuals listed in Exhibit E-1. In the event of such a diversion, the party diverting such wastewater will provide the other party a copy of all materials distributed to its residents and copies of any information warning placards placed or distributed in the area of Clam Bayou.

5. Wastewater conveyed to the System by Gulfport is treated at the Southwest Water Reclamation Facilities. Wet weather or other conditions may cause the unintentional discharge of flows prior to reaching the Water Reclamation Facilities. St. Petersburg agrees that does not have a standard operating procedure to divert wastewater from its collection system into the Clam Bayou storm drainage system. If an unintentional wastewater discharge into Clam Bayou storm drainage system occurs and St. Petersburg has knowledge of such discharge, St. Petersburg shall notify Gulfport in accordance with the SOP's.

6. Should either St. Petersburg or Gulfport self-report an incident to the Florida Department of Environmental Protection (FDEP) related to Clam Bayou, it will provide a copy of the "notice of event" incident report submitted to FDEP to the other party.

7. This Agreement shall remain in effect for the term of the wholesale wastewater service Agreement or the term of any subsequent service agreement executed by both Parties.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement in duplicate by their proper officers, duly authorized, and have affixed their corporate seals on the day and year first above written.

2


(SEAL) By: ___________ Name:






(SEAL) By: ___________ Name:

Rick Kriseman Mayor




3

EXHIBIT E-1

Communication Contact List

City of Gulfport

Utilities Superintendent Clay Lott 727-893-1085 (office) 727-224-0524 ( cell) [email protected]

Public Works Director Tom Nicholls 727-893-1090 (office) 727-647-1438 (cell) [email protected]

City Manager James O'Reilly 727-893-1009 (office) 727-249-8996 ( cell) joreil [email protected]

City of St. Petersburg

Plant Maintenance Supervisor Dave Cindric 727-892-5627 (office) 727-580-7911 (cell) [email protected]

Water Reclamation Facilities Manager Charlie Wise 727-892-5687 (office) 727-420-6954 (cell) Charlie.w [email protected]

Water Resources Director John Palenchar 727-892-5698 (office) 727-286-0974 (cell) John. Pal [email protected]







FAMS-XL© (» StantecGulfport, FL

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FY 2023 FY 2025 FY 2026 FY 2027 FY 2022 Water and Sewer Rate Pion 0.00% 0.00% 6.00% 8.00% 8.00% 7.00% 7.00% 2.50% 2.50% 2.50% 2.50% 23.62% 52.42%

Slormwater Rate Plan 0.00% 25.32% 40.40% 14.39% 12.58% 11.17% 10.05% 9.13% 8.37% 7.72% 7.17% Phase-In

Senior-Lien OSC 0.00 0.00 302.35 295.07 430.08 581.31 6.34 4 11 4.25 4.39 4.53

Subordinate DSC 0.00 1.69 1 76 2.93 4.28 5.79 5.95 5.35 5.62 5.88 613

Waler Bill $32.39 $40.04 $42.85 $45.85 $47.00 $48.17 $49,37 $50.61 Sewer Bill $43.14 $53.34 $57.08 $61 .07 $62.60 $64.16 $65.76 $67.40

Stormwater Bill Avg Bill (4,000 gal)

3.95 . . : 8.95 9.95 I • : :

10.95 11.95 12.9S 13.95 ~ :. 14.95

Change$ $7.92 $7.55 $7.99 $3.68 $3.73 $3.80 $3.88 Check

Operating Fund Rev vs. Exp -- OllM -Cash in CIP Spending - - CashOvt

$10M

$10M $5M

$SM +-"c....- ~ ~w.. SOM -t-~-----17 18 19 2D 21 22 23 24 25 26 27 28 1a 1, 20 21 2.2 23 24 25 26 2, 28

IF fund Balance •current Plan Borrowing CIP Funding .- . ... . . -~ ■ Current Plan

$300k $8M ...-----$6M

$6M$200k $4M =

S4M $100k $2M - $2M1m$Ok SOM +--...J---~---......-'-SOM

18 19 20 21 22 23 24 25 26 27 28

1 of 1 7/10/2018

CITY OF GULFPORT

CITY COUNCIL

AGENDA MEMORANDUM


DATE: October 2, 2018 AGENDA ITEM: 7-e


SUBJECT: Interlocal Agreement with the City of St. Petersburg to provide wholesale

waste water service(s) to the City of Gulfport.

RECOMMENDATION: (or)

DIRECTION REQUESTED:

Staff recommends that City Council approve and authorize the City Manager to execute and

enter into an Interlocal Agreement with the City of St. Petersburg to provide wholesale waste

water services to the City of Gulfport for a period of ten (10) years; effective as of October 6,

2018. Authorizing the City Manager to execute an Industrial Pretreatment Agreement, Inflow

and Infiltration Agreement, and Wet Weather Protocols Agreement with the City of St.

Petersburg.

BACKGROUND:

The City of Gulfport presently purchases and receives wholesale waste water services from the

City of St. Petersburg under a Waste Water Service Agreement dated October 6, 1988 that

terminates on October 5, 2018.

On September 22, 2016, as required by the present agreement (paragraph 3, part C), the City of

St. Petersburg provided the City of Gulfport the required 730 days written notice of the City of

St. Petersburg’s desire for the Waste Water and Water Service Agreement(s) to end when the

initial thirty (30) year term is completed on October 5, 2018.

Subsequently, the respective cities’ respective staffs met a series of times to confer and where

possible negotiate terms for inclusion within the now proposed agreement submitted for the City

of Gulfport’s City Council’s consideration.

In anticipation of its expiration on October 5, 2018 both parties wished to enter into a new

Interlocal Agreement for wholesale waste water services for a term of ten (10) years.

The City of St. Petersburg’s City Council approved the Interlocal Agreement at their Thursday,

September 20, 2018 City Council meeting.

ANALYSIS:

The City of Gulfport will agree to pay for wholesale potable waste water services provided by

the City St. Petersburg (“Waste Water Services”) pursuant to same polices applicable to

customers within the City of St. Petersburg. The City of Gulfport agrees to pay for wholesale

waste water services to the City of St. Petersburg on the basis of measured/metered flows and

billed in accordance with the rates, fees, and charges established by the City of St. Petersburg

City Council by Ordinance, plus a 25% outside the City limit surcharge as authorized by Section

180.191 Florida Statutes and the City of St. Petersburg Code of Ordinances.

Within the agreement it is specifically understood and agreed that the City of Gulfport will not

provide waste water collection and treatment services to its residents or other users at a rate less

than the prevailing rate that the City of St. Petersburg charges its residents.

The City of St. Petersburg is required by federal and state law to administer an approved

Industrial Pretreatment Program which requires the City of St. Petersburg to enter into a

pretreatment agreement with the City of Gulfport to address industrial pretreatment

responsibilities.

The City of St. Petersburg will also enter into an Inflow and Infiltration agreement which serves

cooperatively reduce unpermitted discharges of wastewater, preserve capacity in the existing

system and assist in the planning for new or expanded capacity in the future. In addition the

Cities will also enter into a Wet Weather Protocol agreement which standardizes operating

procedures for discharge reporting and also includes set protocol for communications contact list

in the event of wet weather or other emergency conditions.

FINANCIAL IMPACT:

In accordance with the enclosed agreement, The City of St. Petersburg agrees to provide, and the

City of Gulfport agrees to pay, for Wastewater Services based on the rates, fees, and charges,

established by the St. Petersburg City Council by Ordinance. In FY18 the Wholesale Wastewater

cost to the City of Gulfport was $3,184 per million gallons. As a result of the annual rate analysis

performed by the City of St. Petersburg the FY19 wholesale wastewater cost has increased to

$3,801 per million gallons which reflects a 21.28% increase. In addition to the typical annual

increase, this contract renewal includes a stipulation that the City of Gulfport shall also pay a

twenty-five percent (25%) outside St. Petersburg city limit surcharge as authorized by Section

180.191 Florida Statutes and the St. Petersburg City Code.

City staff has been preparing for the contract renewal for quite some time, and most recently

retained Stantec Consulting Services, Inc. to evaluate the adequacy of the City's existing water

and sewer rates to meet its current and future financial requirements over a ten-year planning

period, under a variety of assumptions and conditions. The most unpredictable assumption is the

City of St. Petersburg’s annual rate increase, in which we have assumed an 8% increase over the

next two fiscal years, followed by 7% increase in FY22, and 3.25% thereafter.

The Utility Rate Sufficiency Study was presented to City Council on June 19, 2018 and includes

details of the financial plan to address the significant rate increases we are seeing today. Please

see attached Exhibit “A”.

MOTION:

I move to approve/deny Resolution No. 2018-76 approving and authorizing the City Manager to

execute and enter into an Interlocal Agreement with the City of St. Petersburg to provide

wholesale waste water services to the City of Gulfport for a period of ten (10) years; providing

for an effective date of October 6, 2018.

____________________________________


A RESOLUTION OF THE CITY OF GULFPORT, FLORIDA, APPROVING A

TEN (10) YEAR INTERLOCAL AGREEMENT WITH THE CITY OF ST.

PETERSBURG TO PROVIDE WHOLESALE WASTEWATER SERVICES

AND EXHIBITS: (C) INDUSTRIAL PRETREATMENT, (D) INFLOW AND

INFILTRATION AND (E) WET WEATHER PROTOCOLS; PROVIDING

AUTHORIZING TO THE CITY MANAGER TO SIGN SAID AGREEMENT

AND EXHIBITS; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, The city presently purchases and receives wholesale wastewater services from the

City of St. Petersburg under a Wholesale Wastewater Service Agreement dated October 6, 1988

that terminates on October 5, 2018; and

WHEREAS, In anticipation of its expiration on October 5, 2018, both parties wished to enter

into a new Interlocal Agreement for wholesale wastewater services for a term of ten (10) years;

and

WHEREAS, The respective cities’ respective staffs met a series of times to confer and where possible negotiate terms for inclusion within the new proposed agreement; and

WHEREAS, The City of St. Petersburg’s City Council approved the Agreement at their

Thursday, September 20, 2018, City Council meeting.


GULFPORT, FLORIDA:

Section 1. The City Council hereby approves a ten (10) year Interlocal Agreement with the City

of St. Petersburg to provide wholesale wastewater services beginning October 6, 2018, and

Exhibits: (C) Industrial Pretreatment, (D) Inflow and Infiltration and (E) Wet Weather Protocols.

Section 2. The City Council hereby authorizes the City Manager to sign said Agreement and

Exhibits.



Florida.


ATTEST:


~·,'fJ. UNICE

C~~ ., SALZMAN ~ _...J JENSEN,PA

"" ATTOR.NEYS AT LAW

PATRIOT BANK BUILDING, SECOND FLOOR

KATE E. COOPER 1815 LITTLE ROAD WEBSITE: www.unicesalzman.com JESSICA M. CRANE TRINITY, FLORIDA 34655

ADAM S. EDMUNDSON# *Board Certified Civil Trial Lawyer

JEFFREY D. JENSEN Telephone: (727) 723-3772 +American Board of Trial Advocates

LAUREN D. KERR## Facsimile: (727) 723-1421 #Also Admitted in PA, WA

ANDREW J. SALZMAN ##Also Admitted in OH T.R. UNICE, JR., B.C.S.*+

MEMORANDUM

TO: Jim O’Reilly, City Manager

FROM: Andrew J. Salzman, City Attorney

DATE: June 28, 2019

RE: 13 Constitutional amendments on Florida’s 2018 ballot.

• Amendment 1, Increased Homestead Property Tax Exemption.

Would raise the portion of a home’s value that can be exempted from non-school

property taxes. The Legislature voted to refer the exemption to the ballot in 2017, and the

proposed changes would apply to the assessed value of a homestead property between

$100,000 and $125,000, raising the maximum exemption to $75,000.

The shift could save homeowners a couple hundred dollars, but a legislative staff analysis

estimated local governments — which rely on property taxes for revenue — would lose

about $645 million in the first year if the exemption, effective Jan. 1, is approved

• Amendment 2, Limitations on Property Tax Assessments.

Another property tax proposal referred by the Legislature, would cement an

existing cap on non-homestead property assessments. Such property tax assessment

increases have been limited to 10 percent of the previous year’s assessed value since 2008, when another constitutional amendment that capped the increases passed.

• Amendment 3, Voter Control of Gambling in Florida.

A citizen-initiated amendment, would give voters the exclusive right to decide

to authorize expansions of casino gambling in Florida. That authority currently rests with

both the Legislature and voters, through constitutional amendment.

Card games, casino games and slot machines are limited to tribal facilities in most

of Florida, though some slot machines are allowed at certain pari-mutuel facilities in

Broward and Miami-Dade counties. Though the Legislature has tried in recent years to

pass gambling bills that would address the state’s agreement with the Seminole Tribe and

Memo to Jim OReilly 2.docx

http://www.unicesalzman.com/

http://dos.elections.myflorida.com/initiatives/initdetail.asp?account=10&seqnum=95


http://www.miamiherald.com/news/politics-government/state-politics/article147895344.html

https://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=h7105z.WMC.DOCX&DocumentType=Analysis&BillNumber=7105&Session=2017




allow for some expansion of casinos, negotiations have repeatedly broken down as the

House, which is more opposed to gambling, rejected the Senate’s proposals. • Amendment 4, Voting Restoration Amendment.

Another petition-drive amendment, would restore voting rights to former felons if

they have served their time, with the exception of those who have committed crimes like

murder or sex offenses. For the past seven years, the state has required that felons wait at

least five years after their sentences are complete to apply to regain voting rights. The

current process can take a decade or more under the Scott administration’s requirement that a state clemency board consider each request during their four meetings a year.

In addition to the challenge posed by the amendment, the system is the subject of an

ongoing, protracted legal battle. U.S. District Judge Mark Walker in March struck down

the vote restoration system for felons as so arbitrary as to be unconstitutional, but the state

won a stay of his injunction as an appeal goes to the U.S. Circuit Court of Appeals in

Atlanta.

Arguments in the legal case are expected to be heard in July, but the case is unlikely

to be resolved before voters cast their ballots in November. If passed, about 1.5 million

people in Florida could be affected.

• Amendment 5, Super-majority Vote Required to Impose, Authorize, or Raise State

Taxes or Fees.

Another proposal from lawmakers this year, would require a two-thirds super-

majority vote in the Legislature to impose, approve or raise state taxes and fees. The higher

threshold means it would take only a third of members in either the state House or Senate

to block any future tax increases or repeal existing exemptions. The idea, floated by Gov.

Rick Scott last year, would also stop any provisions to raise taxes or fees from being tacked

onto other state bills, and does not apply to any fees or taxes that would be levied by local

governments or agencies, such as school districts.

The last eight amendments on this year’s ballot come from the Constitution

Revision Commission. The commission chose about 20 proposals for this year’s ballot but decided to “group” distinct proposals together into eight amendments, meaning that in

some cases voters must approve or reject multiple proposals in batches.

The bundling, a technique that has been used before, is controversial. Critics have

charged that the way ideas were linked was politically motivated, to “log-roll” less popular

ideas to more favorable ones to succeed. But the chair of the commission’s powerful Style and Drafting Committee, Brecht Heuchan, a Scott appointee, has contended that the

groupings will make it easier for voters to read and save time.

• Amendment 6, Rights of Crime Victims; Judges.

The first of the CRC items, links three proposals that would create a bill of rights

for crime victims and set new requirements for judges. The bill of rights, modeled after

Marsy’s Law in California, has the support of major Republican and Democratic lawmakers but has drawn criticism that the way victims’ rights are drawn might flood the justice system with additional responsibilities.

The victim’s rights include the right to due process and the right to be treated with

fairness and respect; the right to be free from intimidation, harassment, and abuse; the right

to be reasonably protected from the accused; the right to protect the disclosure of

information about the victim and their family; the right to be noticed about all stages of the

criminal process concerning the defendant and the right to be heard.










The latter two proposals increase the mandatory retirement age for judges to 75

from 70, effective July 1, 2019, and would bar judges from deferring to administrative

agencies’ interpretations of a rule or statute when ruling in cases involving those laws. • Amendment 7, First Responder and Military Member Survivor Benefits; Public

Colleges and Universities.

Would pull together three proposals, providing college tuition for the survivors of

first responders and military members killed on duty, requiring university trustees to agree

by a two-thirds super-majority to raise college fees (not including tuition) and establishing

the state college system in the Florida Constitution. Universities are in the state

Constitution, but state colleges (also known as community colleges) are not.

• Amendment 8, School Board Term Limits and Duties; Public Schools.

Rolls together three education-related proposals, though some are more popular

than others. It links new eight-year school board term limits, as well as expanded civics

education in public schools, to a controversial plan to enable charter schools to bypass local

school boards by expanding the state’s authority to control and supervise them. Supporters of the amendment say the language would ensure charter schools are not unfairly denied,

though opponents allege it would shrink local boards’ autonomy and oversight.

• Amendment 9, Prohibits Offshore Oil and Gas Drilling; Prohibits Vaping in

Enclosed Indoor Workplaces.

Would tether a ban on oil and gas drilling in state-owned waters with a proposal to

add vaping to the ban on smoking indoors.

• Amendment 10, State and Local Government Structure and Operation.

Would link four proposals: one to have the state’s legislative session start in

January rather than March in even-numbered years (the legislature currently changes its

dates by statute), two that would create a counter-terrorism office and make the state

veterans affairs department constitutionally required, and a proposal that would require

five county-level offices to be elected.

All of the county positions — including tax collectors, property appraisers, supervisors of

elections and clerks of circuit court — are already elected in many counties. But the office

of sheriff singles out Miami-Dade, which is the only county that does not elect a sheriff and

instead has an appointed police director.

• Amendment 11, Property Rights; Removal of Obsolete Provision; Criminal

Statutes.

Would revise the Constitution to remove some language, including a provision that

stops “aliens ineligible for citizenship” from owning property and wording approving a

high-speed rail system. It would also remove the state’s Savings Clause, which prohibits retroactively applying the amendment of a criminal statute to sentencing for a crime

committed before the change and clarify that repealing a criminal statute would not

necessarily affect the prosecution of that crime committed previously.

• Amendment 12, Lobbying and Abuse of Office by Public Officers.

A stand-alone proposal, would bar public officials from lobbying both during their terms

and for six years following, and restrict current public officers from using their office for




http://www.tampabay.com/blogs/gradebook/2018/04/13/three-education-ideas-in-one-proposed-florida-constitutional-amendment-earns-negative-reviews/




http://www.miamiherald.com/news/local/community/miami-dade/article206692604.html



personal gain. Also bars state public officers or state employees from abusing their

position to obtain a “disproportionate benefit” for themselves, their families, their employer, or their businesses.

• Amendment 13, Ends Dog Racing.

A stand-alone proposal, would bar public officials from lobbying both during their

terms and for six years following, and restrict current public officers from using their office

for personal gain.

