Packet 09-05-17

City of Gulfport Florida City Council Meeting Notice Tuesday, September 5, 2017

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

AGENDA

Call to Order Invocation given by Councilmember Yolanda Roman Pledge of Allegiance

Roll Call:

1. Fiscal Year 2017 - 2018 Millage Rate and Budget Ordinances: a. 2017-11, 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, 2017 and ending September 30, 2018; and providing for an effective date. b. 2017-12, First Reading and Public Hearing: An ordinance of the City of Gulfport, Florida, adopting the Operating Budget for the Fiscal Year beginning October 1, 2017 and ending September 30, 2018; and providing for an effective date.

2. Public Comment.

3. City Manager Report. 4. City Attorney Report. 5. City Clerk Report.

6. Consent:

Approval of the Council Meeting Minutes of August 1, 2017.

7. Ordinances: None

8. Resolutions: a. 2017-76, A resolution of the City of Gulfport, Florida, approving special events for Fiscal Year 2017-2018; 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. b. 2017-77, A resolution of the City of Gulfport, Florida, authorizing the city manager to enter into an Agreement with the Pinellas County Board of County Commissioners to provide Advanced Life Support First Responder Services; and providing for an effective date. Regular Council Meeting 2 Tuesday, September 5, 2015 c. 2017-78, A resolution of the City of Gulfport, Florida, authorizing the city manager to enter into Participant Agreements for Disaster Debris Collection and Removal Services; and providing for an effective date. d. 2017-79, A resolution of the City of Gulfport, Florida, authorizing the city manager to perform the necessary project related tasks for the development, construction and operation of the municipal marina mooring field; providing for a budget adjustment; and providing for an effective date. e. 2017-80, A resolution of the City of Gulfport, Florida, authorizing the city manager to enter into contracts to perform major sewer rehabilitation; providing for a budget adjustment; and providing for an effective date. f. 2017-81, A resolution of the City of Gulfport, Florida expanding the City of Gulfport’s Commercial Property Assessed Clean Energy (PACE) Program; providing authorization to the city manager to enter into a Non-Exclusive Membership Agreement with the Green Corridor Property Assessment Clean Energy (PACE) District; providing for authority; providing for financial responsibilities and indemnification; providing for termination; providing directions to the city clerk; and providing for an effective date.

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 1, 2017 ORDINANCE NO. 2017-12

AN ORDINANCE OF THE CITY OF GULFPORT, FLORIDA, ADOPTING THE OPERATING BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2017 AND ENDING SEPTEMBER 30, 2018; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the City Council of the City of Gulfport has conducted Public Hearings on the Operating Budget for the Fiscal Year beginning October 1, 2017 and ending September 30, 2018, in accordance with Florida Statutes; and

WHEREAS, the City Council is desirous of adopting the Operating Budget for the Fiscal Year beginning October 1, 2017 and ending September 30, 2018.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF GULFPORT, FLORIDA HEREBY ORDAINS:

Section 1. The City Council has reviewed and considered the budget for the Fiscal Year beginning October 1, 2017 and ending September 30, 2018.

Section 2. The City Council has determined that “Exhibit A” attached hereto and made a part of this Ordinance will be estimated revenues and expenditures presented by fund for the forthcoming Fiscal Year.

Section 3. Purchase orders and contracts that remain open at the end of Fiscal Year 2016/2017 shall become supplemental appropriations in the respective departmental accounts for the Fiscal Year ending September 30, 2018.

Section 4. This ordinance shall become effective immediately upon final passage.

PASSED AND ADOPTED this ______day of ______, 2017 by the Council of the City of Gulfport, Florida. ______Samuel Henderson, Mayor

PUBLISHED : TRIM NOTICE FIRST READING AND PUBLIC HEARING : SEPTEMBER 5, 2017 PUBLISHED : ______SECOND READING AND PUBLIC HEARING : ______

I, Lesley DeMuth, City Clerk of the City of Gulfport Florida do hereby certify that the foregoing ordinance was duly adopted in accordance with the provisions of applicable law this ______day of September, 2016. ______Lesley DeMuth, City Clerk CITY OF GULFPORT CITY COUNCIL AGENDA MEMORANDUM

FROM: Cheryl Hannafin, Finance Director

DATE: September 5, 2017 AGENDA ITEM: 1-a

ORDINANCE NO: 2017-11

SUBJECT: First (1st) Reading of Ordinance 2017-11 Establishment of the Millage Rate for Fiscal Year 2018.

RECOMMENDATION: Staff recommends City Council approve Ordinance 2017-11 establishing the millage rate of 4.039 for fiscal year 2018.

BACKGROUND:

The millage rate for fiscal year 2018 is proposed to be set at 4.039 mills. This represents a 7.02% increase above the rolled-back rate of 3.7741 mills. The rolled-back rate is the millage rate that will generate the same amount of property tax revenue as approved for the prior tax year.

ANALYSIS:

Total taxable property valuations for tax year 2017/2018 increased in Gulfport by $62,200,027 when compared to prior year final valuations. This is a 7.725% increase over 2016/2017 valuations.

FINANCIAL IMPACT:

The proposed millage rate will generate approximately $3,328,106 in ad valorem revenue to the City in fiscal year 2018.

MOTION:

Move to approve/deny Ordinance 2017-11 establishing the millage rate of 4.039 for the City of Gulfport for fiscal year 2018. ORDINANCE NO. 2017–11

AN ORDINANCE OF THE CITY OF GULFPORT, FLORIDA, PROVIDING FOR THE AD VALOREM TAX LEVY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2017 AND ENDING SEPTEMBER 30, 2018; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the City Council of the City of Gulfport, Florida, has conducted Public Hearings on the final millage rate for the Fiscal Year beginning October 1, 2017, and ending September 30, 2018, in accordance with Florida Statutes; and

WHEREAS, the City Council is desirous of adopting the final millage rate of 4.039.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF GULFPORT, FLORIDA, HEREBY ORDAINS:

Section 1. That a levy of 4.039 operating mills be placed upon the total assessed valuation of real and personal property lying within the City of Gulfport, Florida, and said monies raised by the 4.039 mills shall be used for the general operation of the City of Gulfport for the aforementioned fiscal period. The adoption of 4.039 mills is a 7.02% increase over the rolled- back rate of 3.7741 mills.

Section 2. That a certified copy of this ordinance shall be forwarded to the Property Appraiser and Tax Collector of Pinellas County, Florida, together with a request that the aforementioned levy be made by his/her Office on behalf of the City of Gulfport for the Fiscal Year beginning October 1, 2017 and ending September 30, 2018.

Section 3. This ordinance shall become effective immediately upon final passage.

PASSED AND ADOPTED this _____ day of ______, 2017, by the Council of the City of Gulfport, Florida.

Samuel Henderson, Mayor

PUBLISHED : TRIM Notice FIRST READING AND PUBLIC HEARING : September 5, 2017 PUBLISHED : ______SECOND READING AND PUBLIC HEARING : ______

I, Leslie DeMuth, City Clerk of the City of Gulfport, Florida, do hereby certify that the foregoing ordinance was duly adopted in accordance with the provisions of applicable law this _____ day of September, 2017.

Lesley DeMuth, City Clerk CITY OF GULFPORT CITY COUNCIL AGENDA MEMORANDUM

FROM: James E. O’Reilly, City Manager

DATE: September 5, 2017 AGENDA ITEM: 1 -b

ORDINANCE NO: 2017-12

SUBJECT: First Reading: Budget Ordinance for Fiscal Year 2018

RECOMMENDATION: Staff recommends City Council approve Ordinance 2017-12 establishing and adopting the City of Gulfport’s Budget for Fiscal Year 2018, on first (1st) reading.

BACKGROUND:

City Council discussed the Fiscal Year 2018 budget on December 6th, April 4th, May 2nd, June 6th, July 18th, and held a budget workshop on August 15th at which time staff presented the City Council support materials, background information and related costs. During these meetings the City Manager and staff solicited and received comment as it relates to the development of the proposed Fiscal Year 2017 – 2018 budget. As required by the City Charter the City Manager presented his proposed Fiscal Year 2017 – 2018 budget on July 15th, 2017.

The City Manager’s Fiscal Year 2017-2018 Operating Budget must also fulfill the requirements of Florida Statute 166.241 that stipulates that the amount available from taxation and other sources, including amounts carried over from prior fiscal years, must equal the total appropriations for expenditures and reserves. The budget for fiscal year 2018 was prepared using revenue and expenditure estimates that are available at this time. Surpluses and shortfalls are cumulative in the sense that any individual year’s surplus or deficit flows into the next year’s fund balance, thus carrying a current year’s balance forward.

The General Fund balanced budget of $12,250,000 continues to provide the residents of the City of Gulfport the traditional level of day-to-day services they have become accustomed to.

ANALYSIS:

The Fiscal Year Operating Budget of the City of Gulfport balances the public service needs of the community with the fiscal resources of the City. It is intended to achieve the objectives established by the Council for the next fiscal year. The City has made a commitment to fiscal responsibility, and in doing so, is required to adopt a balanced operating budget as the cornerstone of this commitment. The City has set forth via Resolution that the City will maintain an Unreserved General Fund Balance at a level not less than twenty-five (25) percent of previous fiscal year’s General Fund expenditures. To the extent that unreserved General Fund balance exceeds twenty-five (25) percent of previous fiscal year’s General Fund expenditures at the Fiscal Year end, the City may draw upon the fund balance as approved by City Council.

The City of Gulfport’s annual budget is structured to support the services required to maintain a full service city of more than 12,000 residents. The City of Gulfport’s Fiscal Year 2017-2018 provides for a staff of 132 full-time and 58 part-time employees, of which 51 are public safety related. The employees provide services which include police, fire, community development, code enforcement, water & sewer utilities, sanitation, street maintenance, library, marina, cultural facilities, events, and parks & recreation.

FINANCIAL IMPACT:

As required, included within the accompanying ordinance is a summary of the budget for fiscal year 2018 including details of revenues, expenditures and fund balances.

MOTION:

Move to approve/deny Ordinance 2017-12 establishing the City of Gulfport budget for the fiscal year beginning October 1, 2017 through September 30, 2018. 2018 CITY OF GULFPORT FUND ANALYSIS

General Fund Opening Balance 10/1/16 $ 3,631,601 Prior Period Adjustment 256,001 Restated - Beginning Balance 3,887,602 Remainin g BP Oil Settlement (28,745) Marina Construction Pa yment 300,000 Appropriated Surplus (656,533) Estimated Beginning Fund Balance 10/01/17 3,502,324

Funding Sources: Estimated Revenues 10,398,999 Transfers from Other Funds Marina Construction 380,000 Marina PILOT 114,000 Sanitation PILOT 108,000 Utilities PILOT - Enterprise Funds 15% Overhead 1,629,001 Appropriated Surplus - Marina Construction (380,000) Appropriated Surplus - Estimated deficit - Total – All Funding Sources 12,250,000 Appropriations: Police Services 3,583,711 Fire & EMS Services 1,484,550 Council and Clerk 359,799 Le gal 100,000 Cit y Manager 267,693 Administrative Services 669,068 Librar y & Technology 925,780 Communit y Development 838,463 Recreation Services 1,740,839 Public Works 2,260,097 Transfers 20,000 Total Appropriations 12,250,000

Ending Fund Balance before Appropriated Surplus 3,502,324 Less: Appropriated Surplus (380,000) Add: Marina Construction Payment 380,000 Unassigned Ending Fund Balance 9/30/18 $ 3,502,324 2018 CITY OF GULFPORT FUND ANALYSIS

Capital Projects Fund

Estimated Beginning Fund Balance 10/01/17 $ 331,091 Funding Sources: Penny for Pinellas 1,387,000 Appropriated Surplus 272,260 Total – All Funding Sources 1,659,260 Appropriations: Capital Pro jects 1,266,610 FEMA Match 12,650 Transfer to Marina 380,000 Total Appropriations 1,659,260 Ending Fund Balance before Appropriated Surplus $ 331,091 Less Appropriated Surplus (272,260) Unassigned Ending Fund Balance 9/30/18 $ 58,831 2018 CITY OF GULFPORT FUND ANALYSIS

Waterfront Redevelopment Fund

Estimated Beginning Fund Balance 10/01/17 $ 47,883 Funding Sources: Estimated Revenues 288,494 Appropriated Surplus 24,506 Land & Water Grant (Skate Park) 62,500 Total – All Funding Sources 375,500 Appropriations: Operating Expenses 90,000 Assigned Beach Re-nourishment 20,000 Assigned Williams Pier 10,000 Handicap Accessibility 10,000 Beach Re-nourishment (Match) - Shore Blvd - Beach Restrooms upgrade 50,000 Garbage cans/ Recycling / Bike Racks 25,000 Skate Park 170,500 Total Appropriations 375,500 Ending Fund Balance before Appropriated Surplus $ 47,883 Less Appropriated Surplus (24,506) Unassigned Ending Fund Balance 9/30/18 $ 23,377

49th Street Corridor Fund

Estimated Beginning Fund Balance 10/01/17 $ 7,549 Funding Sources: Estimated Revenues - Transfers from Other Funds General Fund - Total – All Funding Sources - Appropriations: Expenditures - Reserves - Total Appropriations -

Ending Fund Balance Before Transfer to Reserves 7,549 Add: Transfer to Reserves - Unassigned Ending Fund Balance 9/30/18 $ 7,549 2018 CITY OF GULFPORT FUND ANALYSIS

Marina Fund

Estimated Beginning Fund Balance 10/01/17 $ 155,974 Funding Sources: Estimated Revenues 1,955,472 FDEP Fish & Wildlife Grant 8,970 Appropriated Surplus - Transfers from Other Funds Capital Projects 380,000 Total – All Funding Sources 2,344,442 Appropriations: People 289,427 Operational 936,113 Capital 93,000 Depreciation 230,000 Transfers to Other Funds General Fund 15% Overhead 293,321 PILOT Transfer 114,000 Marina Construction Payment 380,000 Transfer to reserves 8,581 Total Appropriations 2,344,442

Ending Fund Balance Before Transfer to Reserves 155,974 Add: Transfer to Reserves 8,581 Unassigned Ending Fund Balance 9/30/18 $ 164,555 2018 CITY OF GULFPORT FUND ANALYSIS

Sanitation Fund

Estimated Beginning Fund Balance 10/01/17 $ 78,618

Funding Sources: Estimated Revenues 2,429,750 Grants 8,000 Appropriated Surplus - Total – All Funding Sources 2,437,750 Appropriations: People 850,301 Operational 730,098 Capital 150,000 Depreciation 170,000 Principal Debt 63,688 Transfers to Other Funds General Fund 15% Overhead 365,663 PILOT Transfer 108,000 Transfer to reserves - Total Appropriations 2,437,750

Ending Fund Balance Before Transfer to Reserves 78,618 Add: Transfer to Reserves - Unassigned Ending Fund Balance 9/30/18 $ 78,618 2018 CITY OF GULFPORT FUND ANALYSIS

Utilities Fund (Water, Sewer & Storm water)

Estimated Beginning Fund Balance 10/01/17 $ 493,682

Funding Sources: Estimated Revenues 6,466,778 Transfer from Capital Projects - Total – All Funding Sources 6,466,778 Appropriations: People 681,712 Operational 3,548,049 Depreciation 580,000 Capital Pro jects 440,000 Transfers to Other Funds General Fund 15% Overhead 970,017 PILOT Transfer - Transfer to Reserves 247,000 Total Appropriations 6,466,778

Ending Fund Balance Before Transfer to Reserves 493,682 Add: Transfer to Reserves 247,000 Unassigned Ending Fund Balance 9/30/18 $ 740,682 City of Gulfport Florida Regular City Council Meeting Minutes Tuesday, August 1, 2017

The Regular Meeting of the Gulfport City Council was held on Tuesday, August 1, 2017 in the City Hall, City Council Chambers, located at 2401 - 53rd Street South, Gulfport, Florida.

Daniel Liedtke, Vice Mayor, called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance.

Roll Call:

Present were Councilmembers Michael Fridovich and Yolanda Roman; Vice Mayor Daniel Liedtke; City Manager James O’Reilly; City Attorney Andrew Salzman and City Clerk Lesley DeMuth. Mayor Samuel Henderson asked to be excused.

Presentation:

Lexie Lindert, Heart Gallery of Pinellas & Pasco, spoke on the Heart Gallery’s mission to provide for the adoption of local children in foster care and an upcoming Heart Gallery adoption event in the Library.

1. Public Comment.

Karen Love, 23rd Avenue S., asked the city to move forward with the option to treat medical marijuana as a zoning issue, felt the city’s special events form offers city services that could be cut back, and asked if the bocce court could be top coated.

Margo Rose, Gulfport Resident, spoke in remembrance of Al Santos and a Go Fund Me Fundraiser to provide assistance his wife.

The following individuals spoke on their concerns with Stetson University’s proposal to close 61st Street: Rachel MacLeod, 9th Avenue; Ed Duensing, 10th Avenue South; Pam Rose, 14th Avenue S.; and Stan Kreuter, who was recognized by Vice Mayor Liedtke.

Richard Fried, spoke in support of public radio and the New Yorker, asked council to comment on the national level of public discourse, provided comments on Mar-a-Lago Golf Course, questioned the use of the Williams Pier Fund, said he is offended that un-elected official are making policy decisions and setting the agenda and commented against opinion news.

John L. Bryan, 5309 20th Avenue S., spoke on problems with the street and asked when it is going to be fixed.

Chuck Brioch, 2666 45th Street S., spoke about how most of the council does not want to provide information or do what people have asked.

Denise Lowe, Gray Street S., spoke in remembrance of Al Santos, felt the blocking of the road by Stetson will affect property values, thanked the Police and Fire Departments for attending Regular Council Meeting Minutes 2 Tuesday, August 1, 2017

Teen Night and thanked Coach Randy, questioned what was being done on Shore Boulevard in front of O’Maddy’s and spoke in support of permitting medical marijuana in the city.

2. City Manager Report. No Report. 3. City Attorney Report. No Report. 4. City Clerk Report. No Report.

5. Consent: a. Approval of the Council Meeting minutes of July 18, 2017. b. Resolution No. 2017-65: A resolution of the City of Gulfport, Florida, appointing a member to serve on the Senior Citizens Advisory Committee on Aging; providing for term of appointment; and providing for an effective date. c. Resolution No. 2017-66: A resolution of the City of Gulfport, Florida, appointing members to serve on the Gulfport Teen Council; providing for term of appointments; and providing for an effective date. d. Resolution No. 2017-67: A resolution of the City of Gulfport, Florida, authorizing the city manager to use Contraband Forfeiture Trust Funds; and providing for an effective date. e. Resolution No. 2017-68: A resolution of the City of Gulfport, Florida, authorizing the city manager to accept a new Barracuda backup server from Barracuda Networks at no cost; and providing for an effective date.

City Clerk DeMuth read the Consent Agenda.

Motion by Councilmember Brown, second by Councilmember Fridovich to approve the Consent Agenda.

UNANIMOUSLY APPROVED BY ACCLAMATION

6. Ordinances: a. 2017-06 Second Reading and Public Hearing: An ordinance of the City of Gulfport, Florida providing for amendment of Chapter 11 of the Code of Ordinances, pertaining to Garbage; providing for amendment of Article I thereof, pertaining to Section 11-21 Service Charges; Section 11-22 Billing; and Section 11-23 Special Pick-up; 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 Clerk DeMuth read Ordinance No. 2017-06 by title only.

City Manager O’Reilly explained the Ordinance.

Vice Mayor Liedtke opened the public hearing.

Vice Mayor Liedtke recognized Mr. Kreuter who asked if the days for pick-up will be effected; City Manager O’Reilly advised they would not and he suggested the city publish the pick-up schedule. Regular Council Meeting Minutes 3 Tuesday, August 1, 2017

April Thanos, 27th Avenue S., asked if the city had thought about having multiple sizes of garbage cans or pick-up once a week for those who do not have as much garbage.

Denise Lowe, Gray Street S., questioned why the city needs the increase.

Caron Schwartz, Delette Avenue S., spoke on her previous sanitation and recycling opportunities in Colorado.

Neither hearing nor seeing anyone else who wished to speak, Vice Mayor Liedtke closed the public hearing.

Motion by Councilmember Fridovich, second by Councilmember Brown to approve Ordinance No. 2017-06.

In response to a question by Councilmember Roman on whether or not the city has considered once a week trash collection for households, City Manager O’Reilly advised the community standard of service has always been twice a week. He addressed his concerns on the storage of garbage in this climate and Councilmember Roman spoke in support of doing a fiscal impact analysis in 2018 and receiving feedback from the public on this. The city’s policy for the collection of glass was discussed.

Councilmember Brown said she does not have automated pickup and could not have once a week pickup and she spoke in support of the increase.

ROLL CALL: COUNCILMEMBER ROMAN YES COUNCILMEMBER BROWN YES COUNCILMEMBER FRIDOVICH YES VICE MAYOR LIEDTKE YES MOTION CARRIED. b. 2017-07 Second Reading and Public Hearing: An ordinance of the City of Gulfport, Florida amending Article IV of Chapter 11 of the Code of Ordinances pertaining to Water Service; providing for amendment of Subsections (1) of Subsection (c) and Subsection (d) of Section 11-48, Water Service Rates-Established, Responsibility for Payment; providing for the repeal of ordinances or parts of ordinances in conflict herewith, to the extent of such conflict; and providing for an effective date.

City Clerk DeMuth read Ordinance No. 2017-07 by title only.

City Manager O’Reilly introduced Cheryl Hannafin, Finance Director, who provided a PowerPoint recap/review of the utility rate increases.

Vice Mayor Liedtke opened the public hearing.

An unidentified speaker asked if there would be an advantage to billing from zero rather giving people 2,000 gallons. Regular Council Meeting Minutes 4 Tuesday, August 1, 2017

Anthony Michael, 55th Street S., asked questions on the billing fee comparison that was presented, services received from the City of St. Petersburg and the total cost of the proposed increases.

Sherry Kelly, east side of 22nd Street, spoke on the unassigned funds in the budget and asked why that money cannot be used to compensation for the increases.

John Bryan, 5309 20th Avenue S., asked what happens to the extra money as he never uses the minimum amount of water but gets billed for using it.

Vice Mayor Liedtke recognized Mr. Kreuter who suggested until the sewer, storm drain and water issues get taken care of that St. Petersburg pay’s us.

Richard Fried, Tangerine Avenue, said he has lived here for ten years and consistently has not used the 2,000 gallon minimum and requested an additional tier be added from zero to 1,000 gallons.

Denise Lowe, Gulfport, questioned meetings held between the city and the City of St. Petersburg on the percentage of increase, asked if the increases pass if there will be programs to help low income residents/seniors, water conservation programs, a payment extension policy, and she commented on the council’s salary increase.

Neither hearing nor seeing anyone else who wished to speak, Vice Mayor Liedtke closed the public hearing.

City Manager O’Reilly explained the city’s tier/billing system and Ms. Hannafin spoke to the difference between the city’s and the City of St. Petersburg billing practice and rates; advising the overall amount of increase for a minimum user of 2,000 gallons will be $7.64 and for a user of 4,000 it will be $12.93 and she addressed the use of accumulated monies in fund balance.

Motion by Councilmember Roman, second by Councilmember Brown to approve Ordinance No. 2017-07.

Councilmember Roman spoke on the city’s interlocal agreement with the City of St. Petersburg and the 25% surcharge that will be occurring, the times that previous city council’s did not pass on increases from St. Petersburg to our consumers, and the city’s $4.6 million loan to the state for sewer work which Ms. Hannafin clarified the first annual payment will be $260,000.00. City Manager O’Reilly addressed the city’s rates in comparison to other cities in Pinellas County.

In response to a question by Councilmember Brown, City Manager O’Reilly advised the 25% surcharge is set by state statute and spoke of other entities which have received the 25% in their new agreements. Councilmember Brown felt the city was in this position due to former council’s not passes on rate increases.

Councilmember Fridovich spoke on the advance notice provided by the City Manager on the increase and how council has, over the course of a few years, planned for the increase.

Vice Mayor Liedtke said he felt the only thing that can be done about this is to use as little water as possible. Regular Council Meeting Minutes 5 Tuesday, August 1, 2017

ROLL CALL: COUNCILMEMBER ROMAN YES COUNCILMEMBER BROWN YES COUNCILMEMBER FRIDOVICH YES VICE MAYOR LIEDTKE YES

MOTION CARRIED. c. 2017-08 Second Reading and Public Hearing: An ordinance of the City of Gulfport, Florida amending Article III of Chapter 11 of the Code of Ordinances pertaining to Sewage Disposal; providing for amendment of Subsection (1) of Section 11-37, pertaining to Sewer Rates; providing for amendment of Subsection (b) of Section 11-39, pertaining to Billing, Collection and Standby Charges; providing for the repeal of ordinances or parts of ordinances in conflict herewith, to the extent of such conflict; and providing for an effective date.

City Clerk DeMuth read Ordinance No. 2017-08 by title only.

City Manager O’Reilly explained the Ordinance.

Vice Mayor Liedtke opened the public hearing.

Vice Mayor Liedtke recognized Ms. Thanos who questioned if St. Petersburg could make the city charge more for the minimum user since the city is required to charge comparable rates. City Manager O’Reilly said he anticipates St. Petersburg will tell us we cannot charge our retail customers less than they are, but they are comfortable with how the city is billing the 2,000 gallon minimum user. Ms. Thanos felt the 2,000 gallon minimum usage does not encourage water conservation; suggesting a 1,000 gallon minimum to which City Manager O’Reilly addressed how the adoption of St. Petersburg’s rate structure will increase the city’s minimum users costs.

Vice Mayor Liedtke recognized Mr. Fried who said he would like to see on his bill how he is going to be charged; 2,000, 4,000 gallons, etc.; suggesting this may also advocate for use/consumption conservation.

Rachel MacLeod, 61st Street & 9th Avenue, asked how long the city’s rate structure has been in effect and if the city charges a higher rates to those who use more water.

John L. Bryan, 5309 20th Avenue S., questioned where the additional money that he pays goes for 2,000 gallons, when he only uses 1,000 gallons. City Manager O’Reilly advised that funds go to an enterprise fund and that the base bill includes 2,000 gallons.

Vice Mayor Liedtke recognized Ms. Love who appreciated the fact that council has been warning them for two years this was coming and that the increase is not as much as she anticipated.

Denise Lowe, Gray Street S., said she would like to see educational programs on water conservation and the city add tiers of zero to 1,000 gallons and 1,000 to 2,000 gallons. She expressed her concerns of helping seniors and those on fixed incomes with their utility bill payment. Regular Council Meeting Minutes 6 Tuesday, August 1, 2017

Anthony Michael, 55th Street S., questioned if his meter was read each month to which City Manager O’Reilly advised it was and he clarified for Mr. Michael the base billing rate.

Vice Mayor Liedtke recognized Mr. Kreuter who spoke on the water department’s ability to electronically read the meter and determine if there are any water leaks.

Neither hearing nor seeing anyone else who wished to speak, Vice Mayor Liedtke closed the public hearing.

Motion by Councilmember Fridovich, second by Councilmember Roman to approve Ordinance No. 2017-08.

In response to a question by City Manager O’Reilly if council would like Staff to provide more detail on the base rate, Vice Mayor Liedtke suggested providing the information on the city’s website. Councilmember Roman concurred. City Manager O’Reilly mentioned that higher tier users do pay an additional cost.

Councilmember Roman spoke on utility bill assistance provided to the elderly by the Pinellas Opportunity Council, on which she is a Board Member. City Manager O’Reilly advised Staff does provide people who have an issue a list of organization that provide assistance. Councilmember Roman said this increase is the city’s commitment to sewer work.

Councilmember Brown said she was happy with the work Ms. Hannafin has done, and shared a recent incident at her home with a lightning strike.

Councilmember Fridovich suggested if someone thinks they have a problem they should call the water department as he has done. He commented that the city is a small town and does provide a lot of small town services the best possible way it can under the budget constraints it has and he commended Ms. Hannafin.

ROLL CALL: COUNCILMEMBER ROMAN YES COUNCILMEMBER BROWN YES COUNCILMEMBER FRIDOVICH YES VICE MAYOR LIEDTKE YES

MOTION CARRIED. d. 2017-09 Second Reading and Public Hearing: An ordinance of the City of Gulfport, 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 Clerk DeMuth read Ordinance No. 2017-09 by title only.

City Manager O’Reilly explained the Ordinance.

Vice Mayor Liedtke opened the public hearing. Regular Council Meeting Minutes 7 Tuesday, August 1, 2017

Denise Lowe, Gray Street S., asked for an update on the work done on 49th Street, and commented that she did not like the city being compared to St. Petersburg and Gulfport’s rates and taxes should be lower; that’s why people live here.

Richard Fried, Tangerine Avenue, advised he was not opposed to the increase.

Neither hearing nor seeing anyone else who wished to speak, Vice Mayor Liedtke closed the public hearing.

Motion by Councilmember Fridovich, second by Councilmember Brown to approve Ordinance No. 2017-09.

Councilmember Brown reported the ponds on 49th Street are doing a great job.

ROLL CALL: COUNCILMEMBER ROMAN YES COUNCILMEMBER BROWN YES COUNCILMEMBER FRIDOVICH YES VICE MAYOR LIEDTKE YES

MOTION CARRIED. e. 2017-10 Second Reading and Public Hearing: An ordinance of the City of Gulfport, Florida, amending Chapter 25 of the Code of Ordinances; creating Section 25-7 Police Department; providing fees for off-duty/special assignment police services; 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 Clerk DeMuth read Ordinance No. 2017-10 by title only.

City Manager O’Reilly explained the Ordinance.

Vice Mayor Liedtke opened the public hearing. Neither hearing nor seeing anyone who wished to speak, Vice Mayor Liedtke closed the public hearing.

Motion by Councilmember Fridovich, second by Councilmember Brown to approve Ordinance No. 2017-10.

ROLL CALL: COUNCILMEMBER ROMAN YES COUNCILMEMBER BROWN YES COUNCILMEMBER FRIDOVICH YES VICE MAYOR LIEDTKE YES

MOTION CARRIED.

7. Resolutions: None

8. Consider appointment of a Voting Delegate for the Florida League of Cities Conference. Regular Council Meeting Minutes 8 Tuesday, August 1, 2017

There was a consensus of council to appoint Councilmember Fridovich as the city’s voting delegate.

9. Council Comments/Informational Reports.

Councilmember Roman thanked the city manager and his staff for testing the use of a vac-truck at the marina lift station as a way to get ahead of discharges in the future with threating storms, she provided information on the monthly crime watch meetings and the upcoming Gulfport Night Out. She spoke in remembrance of Al Santos, advised she is committed to having a second community forum on the Stetson street closure, addressed the upcoming Penny for Pinellas referendum, that council will be discussing the 2017-2018 budget at the next meeting, and she advised she is having a dialog with a local group on her thoughts about formula stores; advising this information is available in her online newsletter.

Councilmember Brown reported on the upcoming National Night Out.

Councilmember Fridovich spoke on the funds the city will lose if the Penny for Pinellas referendum does not pass and on flooding issues in Gulfport and other coastal cities that are at sea level during high tides and significant rainfall.

Vice Mayor Liedtke reported he looked at the weather history from the recent storm and Gulfport received between three and four inches.

10. Adjournment.

Motion made by Councilmember Brown, second by Councilmember Fridovich to adjourn.

Date Approved: ______Samuel Henderson, Mayor ______Lesley DeMuth, City Clerk RESOLUTION NO. 2017-76

A RESOLUTION OF THE CITY OF GULFPORT, FLORIDA, APPROVING SPECIAL EVENTS FOR FISCAL YEAR 2017/2018; 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.

WHEREAS, Section 17-30 of the Code of Ordinances allows City Council to suspend various sections of the Code of Ordinances by resolution to accommodate special events.

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

Section 1. In accordance with Section 17-30 of the Code of Ordinances, City Council hereby authorizes the following accommodations and services for Special Events (exhibit A) during Fiscal Year 2017/2018 with the following activities for those participating in these events.

Section 2. Each organization may be required to provide proof of liability insurance and name the City of Gulfport as an additional insured prior to their event and provide proof of non-profit status.

Section 3. The City Manager or his designee is hereby authorized to designate areas on public property for any special event.

Section 4. At the discretion of the City Manager, all vendors/sponsors may be required to execute Hold Harmless and Indemnification Agreements.

Section 5. City Council hereby authorizes the City Manager or his designee to provide support services to event organizers whose events have received prior authorization for special events approved by City Council which shall be limited to administrative issues and decisions such as staffing and use of City-owned equipment and not regulated by City ordinance or resolution.

Section 6. Where a specific date has yet to be established the City Manager may in cooperation with other sponsors establish the date for the event. In the event a special event is postponed due to inclement weather, the City Manager or his designee is hereby authorized to permit the event to occur on a rain date, inclusive of all City Services, accommodations and waivers as approved herein by City Council.

Section 7. All event sponsors and promoters shall observe and be in compliance with all applicable laws, ordinances, and rules and regulations of the State of Florida and the City of Gulfport when they conduct activities in concert with the City and acknowledge that it is the intent of the City Council, in enacting Chapter 26 of the City of Gulfport Code of Ordinances, to protect and safeguard the right and opportunity of all persons to be free from all forms of discrimination, including discrimination based on age, race, color, religion, national origin, ancestry, disability, marital status, gender, gender identity or expression, sexual orientation, or physical characteristic. Section 8. The following services and accommodations are hereby authorized for the Special Events; approving City sponsored, co-sponsored or community based Special Events; including the associated waivers to the Code of Ordinances and providing the City Manager, the authority to provide specific City services needed to support and hold each event.

A. PUBLIC SAFETY SERVICES: City Council hereby authorizes Police and Fire Department Services; as deemed necessary by the City Manager or the Police and/or Fire Chief.

B. STREET CLOSURES: City Council hereby authorizes the closing of streets and the closing of or restriction of certain public areas as determined appropriate by the City Manager, the Gulfport Departments of Fire and Police, Recreation and Public Works during specific events.

C. USE OF CITY TROLLEY: City Council hereby authorizes the use of the Gulfport Trolley and driver for events as deemed necessary or appropriate by the City Manager or his designee.

D. BANNERS: City Council hereby approves the placement of banners at the right of way on Gulfport Boulevard South at Beach Boulevard South and/or 54th Street South at 7th Avenue South.

E. RENTAL FEES: City Council hereby authorizes the City Manager or his designee to waive building or facility fees when deemed appropriate for specific events. A $250.00 "facility event fee" for those Gulfport groups requesting "free" use of the Casino, Theater or other City facilities for a large event requiring staffing or distinct support is authorized and may be required.

F. BEACH PARKING & RESIDENT ONLY: City Council hereby suspends the requirement for decals for the beach parking lot for events, to include waiver of designated decal/resident-only parking restrictions within City.

G. USE OF CITY SOUND SYSTEM: City Council hereby authorizes the use of the City's sound system for events as deemed necessary or appropriate by the City Manager or his designee.

H. AMPLIFIED MUSIC: City Council hereby permits the playing of amplified music between the hours of 10:00 AM and 10:00 PM, as set forth in Section 14-36.

I. SIGNS: Providing for authorization to place temporary signs on non-city property throughout the City of Gulfport. Allowing for the placement of temporary signs on city property/right of way, to include the temporary suspension of Section 22-17 .09 (d) of the Code of Ordinances; as long as the allowed temporary signs do not obstruct the vision of pedestrians, cyclists, or motorists traveling on or entering public streets and do not exceed four (4) square feet.

J. SIGN PERMITS AND FEES: City Council hereby authorizes outdoor signage on City property or rights of-way for the following events without payment of a fee and provides for authorization to place temporary event related signs on non-city property within the City of Gulfport.

K. AUTHORIZATION TO ERECT TENTS/STAGES ON CITY PROPERTY AND RIGHTS- OF-WAY AND WAIVER OF FEES: City Council hereby approves the placement of temporary structures on public property or rights-of-way without a fee. L. LICENSE FEES/SALES OF GOODS AND SERVICES: City Council hereby waives any applicable license fee for vendors approved by the City Manager or his designee and waives the prohibition against the sale of goods on public/private property during events.

M. RESERVATION OF PARK FACILITIES: City Council hereby authorizes the reservation of park facilities for approved events, specifically excluding the reserving of Pavilion #6.

N. OUTDOOR COOKING/FOOD SALES: City Council hereby approves outdoor cooking and the sale of food in specific areas designated by the City Manager or his designee.

O. USE OF CLYMER PARK: City Council hereby approves the utilization of Clymer Park and the open greenway located between 23rd Avenue South and 26th Avenue South for specific special event(s) and event related activities.·

P. VEHICLES ON THE BEACH: City Council hereby approves the driving and storage of vehicles and vessels on specific areas of Gulfport Beach as designated by the City Manager or his designee.

Q. BEACH REGULATIONS: City Council. hereby approves the presence of vessels for the Gulfport Yacht Club Regattas at Gulfport Beach on specific areas of Gulfport Beach, and that non- motorized vessels be permitted to beach or land as designated by the City Manager or his designee. That non-motorized vessels be permitted in a designated area of the public beach "Swim Zone" for a specific period of time as designated by the City Manager. Section 6.6 Watercraft at Municipal Beach and Section 6.7 Watercraft in parks, rights of way and public places.

R. ALCOHOL PERMITTED: City Council hereby approves at this time the possession/ consumption and sale (where applicable) of Alcohol on Public Property of the City of Gulfport for the "Salute the Troops Weekend Volleyball" - Veteran's Day Activities outside of the Casino, the Gulfport Historical Society/Manatees – “Oktoberfest” - Gulfport Merchant's Association's "Gecko-fest," “Holiday Hoopla,” the Holy Name “Fall Festival,” O’Maddy’s/My Foundation St. Patrick’s Day and Grand Prix Event, the Gulfport Area Chamber of Commerce "Spring-fest" at the Clymer Park Greenway. July 4th - only the possession/consumption of Alcohol on Public Property of the City of Gulfport is permitted. Sale of Alcohol on Public Property of the City of Gulfport is strictly prohibited.

S. SUPPORT SERVICES: City Council hereby authorizes City Departments to provide support services at the City Manager's discretion for all events.

T. PIER CLOSING: City Council hereby authorizes the closing of Williams Pier, Casino Dock and surrounding waters at the City Manager's or his designee's discretion to facilitate the discharge of City sponsored Fireworks Displays for the City's July 4th activities.

Section 9. This resolution shall become effective upon its adoption. PASSED AND ADOPTED this 5th day of September, 2017 by the Council of the City of Gulfport, Florida.

Samuel Henderson, Mayor

ATTEST:

Lesley DeMuth, City Clerk *=Alcohol P=Police F= Fire T=Trolley 2018 Special Events Exhibit A

DATE EVENT SPONSOR(S) 1st Fridays 1st Friday Art & Gallery Walk - (12) (T) Gulfport Merchants Association Each Saturday AM SO-49 Tangerine Greenway - Saturday Morning Market - (52) SO49 3rd Saturdays 3rd Saturday Art & Gallery Walk - (12) (T) Gulfport Merchants Association Each Tuesday AM Tuesday Morning Market – (52) Gulfport Merchants Association September 16, 2017 SO49/Area Chamber Family Fun Day at Tangerine Greenway SO49/Chamber October 7, 2017 4th Annual Mayor’s Cleanup (T) Gulfport Neighbors October 14, 2017 Gulfport Casino Project Free Dance Freedom Unlimited Now October 14, 2017 *Gulfport Historical Society Oktoberfest Presented by Manatees (P) Gulfport Historical Society October 21, 2017 City of Gulfport Fall Coastal Cleanup at Clam Bayou Gulfport Neighbors/City October 25, 2017 Boca Ciega H. S. - Homecoming Parade & Festivities 5 p.m. (T)(P)(F) BCHS October 28, 2017 Gulfport Neighbors: Junk in the Trunk/Truck @ 49th Street Neighborhood Center Gulfport Neighbors/City October 28, 2017 Gulfport Senior Center Monster Mash inside Casino (T) Senior Center Foundation October 28-29, 2017 Tampa Bay Beach Bums 2-Day Volleyball Tournament on Gulfport Beach Tampa Bay Beach Bums (Girls Scouts of America) October 31, 2017 City of Gulfport Halloween Bash at Rec. Center City November 4, 2017 City of Gulfport Fall Citywide Yard Sale City November 6, 2017 *Gulfport Chef’s Table (Rain date of November 13) Pia’s November 11, 2017 *City of Gulfport Heroes Weekend/Veteran’s Day Parade at 11am (T)(P)(F) City/VETSports Salute the Troops / Volleyball –World Record Volleyball Attempt November 12, 2017 Irving Zeider Memorial Service Beth Sholom Synagogue November 15, 2017 Senior Center Thanksgiving Show at the Theater Senior Center Foundation November 16-19, 2017 *Holy Name Fall Festival (T)(P)(F) Holy Name Catholic Church December 2-3, 2017 Tampa Bay Beach Bums Beach Volleyball Tournament on Gulfport Beach Tampa Bay Beach Bums (Operation Santa) *=Alcohol P=Police F= Fire T=Trolley 2018 Special Events Exhibit A

December 4, 2017 City of Gulfport Holiday Tree Lighting at Clymer Park (F) City December 6, 2017 Gulfport Senior Center Follies Show at the Theater Senior Center Foundation December 9, 2017 Gulfport Merchants - Holiday Hoopla (T)(P)(F) Gulfport Merchants Association December 9, 2017 BCYC Annual Lighted Christmas Boat Parade/Gulfport Beach BCYC December 12, 2017 Gulfport New Horizons Band at the Theater New Horizons Band January 6, 2018 Gulfport Chamber 8K Run/Walk & Health Fair @ Casino (T)(P)(F) JWest Prostate Cancer Foundation/Chamber January 13, 2018 City of Gulfport MLK Day of Service (T) (P) (F) City January 19, 2018 City of Gulfport Celebration of Arbor Day City January 27, 2018 Gulfport Neighbors: Junk in the Trunk/Truck Gulfport Neighbors/City January 28, 2018 Tour De Gulfport – Bicycle Event Senior Center Foundation February 3, 2018 SO49 Classic Car Show at Tangerine Greenway (T)(P)(F) SO49 February 3-4, 2018 Gulfport Merchants Association PAVA 2 Cool Art Show (T) Gulfport Merchants Association February 17-18, 2018 Gulfport Merchants Association Fine Arts Show at Veteran’s Park (T)(P) Gulfport Merchants Association February 24, 2018 Gulfport Merchants Association Get Rescued + Tails at Twilight at Casino (T) (P) (F) Gulfport Merchants Association March 2, 2018 Gulfport Community Garden 3rd Annual Dance for Plants at Casino Community Garden March 3, 2018 Gulfport Area Chamber of Commerce - Pink Flamingo Trolley Tour of Homes (T) Chamber March 9, 2018 Senior Center Big Band Show at the Theater Senior Center Foundation March 10, 2018 Gulfport Historical Society Latin Music Festival – Recreation Field (T)(P)(F) Gulfport City Limits/Gulfport Historical Society March 10, 2018 City of Gulfport Spring City Wide Yard Sale City March 10, 2018 City of Gulfport Nautical Flea Market at Marina City March 12, 2018 Gulfport New Horizons Band at the Casino New Horizons Band March 17, 2018 City of Gulfport Spring Coastal Cleanup at Clam Bayou Gulfport Neighbors/City March 17, 2018 Gulfport Senior Center Health and Wellness Expo inside Casino (10am-2pm) Senior Center Foundation March 17, 2018 *Michael J. Yakes Foundation - St Patrick’s Day event – Presented by O’Maddys (P) Michael J. Yakes Foundation March 24-25, 2018 Tampa Bay Beach Bums Beach Volleyball Tournament on Gulfport Beach Tampa Bay Beach Bums (Gulfport Multipurpose Senior Center Foundation) *=Alcohol P=Police F= Fire T=Trolley 2018 Special Events Exhibit A

March 31, 2018 City of Gulfport Fun In the Sun Day, Recreation Center (T)(P)(F) City/Stetson April 1, 2018 Gulfport LGBTQ Resource Center Stella’s Restaurant Easter Special Event Stella’s/LGBTQ Resource Center April 7, 2018 Tampa Bay Beach Bums Beach Volleyball Tournament on Gulfport Beach Tampa Bay Beach Bums (Sonia Plotnick Health Fund ) April 7 & 8, 2018 *Gulfport Area Chamber of Commerce - Spring Fest (T)(P)(F) Chamber April 9, 2018 BCYC - Rainbow Regatta BCYC April 13, 2018 Gulfport Historical Society Dance at Casino Gulfport Historical Society April 28, 2018 Gulfport Neighbors: Junk in the Trunk/Truck Gulfport Neighbors/City April 28, 2018 BCYC - Women’s Challenge Regatta BCYC May TBD, 2018 BCYC- Fun Day (T) BCYC May 4-6, 2018 Gulfport Yacht Club Multi-Hull Regatta Gulfport Yacht Club May 12, 2018 Tampa Bay Beach Bums Beach Volleyball Tournament on Gulfport Beach Tampa Bay Beach Bums (Gulfport Historical Society) May 13, 2018 Gulfport Senior Center Foundation Stella’s Restaurant Mother’s Day Special Event Stella’s/ Senior Center Foundation May 19, 2018 Senior Center Goodwill 8K/5K/1 Mile/ and Children’s Run (T)(P)(F) Goodwill/Senior Center Foundation May 31, 2018 City of Gulfport Hurricane Seminar @ Theater (P)(F) City/FD June 2-3, 2018 Michael J. Yakes Foundation Grand Prix and Boat Show (P)(F) Michael J. Yakes Foundation June 5, 2018 Gulfport New Horizons Band at the Theater New Horizons Band June 14, 2018 City of Gulfport Flag Retirement Ceremony at Veterans Park (F) City June 16-17, 2018 Tampa Bay Beach Bums Beach Volleyball Tournament on Gulfport Beach Tampa Bay Beach Bums (Gulfport Neighbors, Inc.) July 4, 2018 City of Gulfport 4th of July Celebration (T)(P)(F) City July 14-15,2018 Tampa Bay Beach Bums 2-Day Volleyball Tournament on Gulfport Beach Tampa Bay Beach Bums (TBD) July TBA, 2018 Gulfport Community Players - Summer One Act Plays @ Theater GCP August 9, 2018 City of Gulfport - Gulfport Night Out (P)(F) City/GPPD/GFD *=Alcohol P=Police F= Fire T=Trolley 2018 Special Events Exhibit A

August 25, 2018 Gulfport Merchants Association Geckoball @ Casino Gulfport Merchants Association August 28, 2018 Gulfport New Horizons Band at the Theater New Horizons Band September 1, 2018 *Gulfport Merchants Association Gecko Fest (T)(P)(F) Gulfport Merchants Association September 8-9, 2018 Tampa Bay Beach Bums Beach Volleyball Tournament on Gulfport Beach Tampa Bay Beach Bums (Gulfport Pirates Sports, Inc.) CITY OF GULFPORT CITY COUNCIL AGENDA MEMORANDUM

FROM: Justin Shea, Cultural Facilities Events Supervisor

THROUGH: James E. O’Reilly, City Manager

DATE: September 5, 2017 AGENDA ITEM: 8-a

RESOLUTION NO: 2017-76

SUBJECT: Proposed Calendar of 2017-2018 City sponsored, Co-sponsored and Community Based Events.

RECOMMENDATION: Staff recommends City Council approve a resolution providing for City of Gulfport sponsored and co-sponsored community based Special Events; including the associated waivers to the applicable Code of Ordinances, per section 17-30, and the providing of specific services needed to hold each event for the proposed 2017-2018 City sponsored, co-sponsored, and community based events. Additionally, this resolution also provides the applicants the ability to request that as provided for within Ordinance 2003-13, that City Council consent to permitting the sale and consumption of alcohol in a designated area related to a Special Event. Staff has reviewed the open container issue and finds no significant issues if the City Council were to allow or create so-called "wet zones" during specific Special Events. It is requested that City Council approve each request individually that will allow alcohol within an area that is inclusive of Beach Boulevard and Shore Boulevard from 54th Street South to 56th Street South or a specific controlled area, such as the Tangerine or Clymer Greenway that can be maintained by the applicant. City Council may elect to discontinue this policy at any time. The sponsoring organizations must limit this activity to specific areas of public property that can be cordoned off and managed, with alcohol being required to be kept within a designated area, with limited ingress and egress. The sponsoring organization must obtain the necessary permitting through the Division of Alcoholic Beverages and Tobacco and abide by all the Florida state statutes pertaining to alcohol sales and consumption. Additionally, the applicant/sponsoring organization is required to provide liquor liability in addition to general liability insurance naming the City of Gulfport as additionally insured. Specific requests include the temporary suspension of a portion Section 4-11 and Section 4-25 of the Code of Ordinances; allowing for the sale and consumption of beer and wine in a designated area, during designated times; as provided for within Section 4-11 and Section 4-25 of the Code of Ordinances. Application at this time for permission for the consumption and/or sale of alcoholic beverages within the City of Gulfport are as follows: the "Salute the Troops Weekend/Volleyball" - Veteran's Day Activities outside of the Casino, Most Holy Name’s Annual "Fall Festival," Michael J. Yakes Foundation/O'Maddys' "St. Patrick's Day Celebration,” “Michael J. Yakes Foundation/Grand Prix Boat Race,” the Gulfport Historical Society/Manatees Oktoberfest, the Gulfport Area Chamber of Commerce "Spring-fest,” and the Gulfport Merchant's Association's "Gecko-fest,” and “Holiday Hoopla.” 1 The groups that would like the ability to serve beer and wine in a regulated area utilize funds generated by this effort to help offset the entertainment, advertising and event costs of the respective events. While open containers or consumption may be permitted during the 4th of July activities; staff continues to recommend the continued prohibition of the sale of alcohol on public property during the July 4th large scale day long City of Gulfport event. The City desires that the events be free, open to the public and family friendly.

All event sponsors and promoters must fully comply with the provisions of the City of Gulfport's Code of Ordinances Chapter 26 - CIVIL RIGHTS (City's Human Rights Ordinance) when they conduct activities in concert with the City. Sponsors/promoters may not unreasonably deny access or participation in the event based on age, race, color, religion, national origin, ancestry, disability, marital status, gender, gender identity or expression, sexual orientation, or physical characteristic. The Sponsor and promoter must acknowledges that it is the intent of the City Council, in enacting Chapter 26 of the City of Gulfport Code of Ordinances, to protect and safeguard the right and opportunity of all persons to be free from all forms of discrimination, including discrimination based on age, race, color, religion, national origin, ancestry, disability, marital status, gender, gender identity or expression, sexual orientation, or physical characteristic.

BACKGROUND:

Ordinance No. 2003-13 allows for the City Council to suspend various sections of the Code of Ordinances by resolution to accommodate special events; Section 17-30 of the Code of Ordinances, accords City Council the authority to allow for the City Manager to provide accommodations and services for Special Events/Activities and for those participating in such events. Additionally, following a workshop of January 26, 2012, City Council expressed a desire to allow applicants the ability to request suspending the City of Gulfport’s "open container" and/or sale and possession/consumption of alcohol prohibitions as they are set forth in the City of Gulfport Code of Ordinances. Staff has identified minimum requirements that believes should be met by the applicant should they request such permissions for alcohol sales/consumption on City/Public property.

1. A law enforcement/public safety presence as determined by the City Manager and/or the Police Chief or designee; with public safety costs paid by the sponsor/promoter of the event is required.

2. All special event alcohol vendors must possess a completed Division of Alcoholic Beverages and Tobacco temporary One/Two/Three Day Permit to sell alcoholic beverages for consumption on premises. The applicant is required to provide liquor liability in addition to general liability insurance naming the City of Gulfport as additionally insured.

3. All alcohol vendors are required to follow all Florida State statutes related to the sale and consumption of alcohol.

4. No glass containers will be permitted.

5. The applicant is responsible for ensuring (via appropriate signage, fencing, barricades, etc.) that alcohol sales, service, and consumption are contained to the approved area(s) as designated on the site map.

2 6. The City Manager, Chief of Police, or designee, may revoke this aspect of the permit and deny the public sale/service of alcoholic beverages at any time before or during the event if the City Manager, Chief of Police, or designee feels it is in the best interest of public safety.

The City's ability to host numerous events and activities in the community are primarily predicated on the City's Co-sponsorship and the required waiver of the following City Ordinances/Policies pertaining to, but not limited to: 1) Restriction of certain public areas. 2) Possession/consumption and sale (where applicable) of Alcohol on Public Property. 3) Sale of goods on Public Property. 4) Outdoor cooking on Public and Private Property 5) Food sales on Public Property. 6) Public amplified music. 7) Presentation of Banner on Gulfport Boulevard and Beach Boulevard. 8) City to provide traffic barricades and additional trash containers and pickup. 9) Temporary structures on City property. (stage(s) and tents). 10) Providing of City employees to setup/close and open restricted areas. 11) Police officer(s) as deemed necessary by the Police Chief. 12) Fire/EMS personnel as deemed necessary by the Fire Chief. 13) Sanitation - Special Pickups/Tipping. 14) Trolley transportation. 15) Allowing for the placement of temporary signs on city property/right of way, to include the temporary suspension of Section 22-17 .09 (d) of the Code of Ordinances; as long as the allowed temporary signs do not obstruct the vision of pedestrians, cyclists, or motorists traveling on or entering public streets. 16) Provide for authorization to place temporary event related signs on non-city property within the City of Gulfport. 17) Utilization of Clymer Park and the open greenway located between 23rd Avenue South and 26th Avenue South for specific special event(s) related activities. City staff has successfully worked closely with numerous groups such as the Gulfport Area Chamber of Commerce, Gulfport Merchants Association, the 49th Street South Business Association (S049), the Michael J. Yakes Foundation, Inc., the Gulfport Neighbors, American Legion Post 125, the Boca Ciega Yacht Club, the Boca Ciega High School, the Gulfport Yacht Club, Stetson University College of Law, Goodwill Industries-Suncoast, Gulfport Toastmasters, The Multipurpose Senior Center Foundation, the Circle of Friends of the Gulfport Public Library, the Jim West Prostate Cancer Foundation, the Professional Association of Visual Artists, the Most Holy Name of Jesus Church, Gulfport Food Forest/Community Garden, New Horizons Band of Gulfport, Stella’s/O’Maddy’s, the Tampa Bay Beach Bums, VETSports, and the Gulfport Historical Society in developing an agreed upon level of services for events. The City continues to support reoccurring events such as the Gulfport Merchant's Association's Tuesday Fresh Market, the 1st Friday and the 3rd Saturday Art Walks (CRA Resolution #2007-15) in the City's downtown area, and the SO49 Saturday Morning Markets at the Tangerine Greenway. The City provides Trolley transportation related to 1st Friday and 3rd Saturday in addition to larger Special Events. At this time City staff has identified and/or received requests or applications for support of over fifty nine (59) individual events, a combined twenty-four (24) 1st Friday and 3rd Saturday Art Walks, ten (10) Beach Volleyball Tournaments on Gulfport Beach (six (6) of which are 2-day large scale events), fifty-two (52) Saturday Morning Markets at the Tangerine Greenway, and (52) Tuesday Fresh Markets in Downtown Gulfport. 3 City support and permissions are provided to the event or activity by the way of City sponsorship, Co- sponsorship or to a stand-alone Community organization based on the type of Special Event/Activity.

The scheduled Special Events/Activities to be presented in Fiscal Year 2018 have aspects that require City Council action, approval and support.

Per City Council discussion on July 18 and August 15, staff acclaims the following endorsements as minimum qualifications for organizations submitting a special event application to the City of Gulfport:

• The Application must be made by of the President or CEO of the city based non-profit organization, which is the sponsor/promoter of the event. • All events receiving City support, as co-sponsorship, must be approved per section 17-30 of the City Codes of Ordinances. • Standardized level of support is to be determined by the City. • Each Gulfport Non-profit Organization will be entitled to one (1) “free-use” of the Casino Ballroom at a $250.00 (operational) event fee. o Subsequently, additional event rentals by the organization will be charged a $850.00 per day rental fee. • Returning annual events will receive priority over first time events in selecting dates, facilities and determining the availability of city services and staff. • All events receiving City Co-sponsored support must provide general liability insurance naming the City as additionally insured. • All special event applications must be completed and received by August 15 of the preceding fiscal year that the event will occur in. • All events/organizations receiving permission for the sale and consumption of alcohol on public property must have: 1. A completed Division Of Alcoholic Beverages and Tobacco ABT-6003 application and a temporary One/Two/Three Day Permit to sell alcoholic beverages for consumption on premises. 2. Liquor liability in addition to general liability insurance naming the City of Gulfport as additionally insured. A Liquor Liability Endorsement or separate policy is required. 3. A law enforcement/public safety presence as determined by the City Manager and/or the Police Chief or designee; with public safety costs paid by the sponsor/promoter of the event. • The City must be named as a co-sponsor of the event on all printed and electronic promotional materials. • The promoter must be capable of meeting all financial obligations incurred by the event. • The promoter must have demonstrated the ability to organize public events.

If City Council approves; beginning with the August 2018 application process for Fiscal year 2018-2019 City Council approved events; staff recommends that a $50.00 non-refundable special event application fee be levied and accompany the event application.

ANALYSIS: In reviewing each application, the City of Gulfport’s sponsored/supported events and overall impact to the Community is forefront in implementing. Recommendations regarding the proposed Fiscal Year 2018 schedule of events have been made by City staff based on the feasibility and practicality of each event in terms of the event's value to the City of Gulfport and its residents in relation to the City’s investment of human and financial resources.

4 Staff has identified a number of events that have a large impact on the City's services, activities and participation. In addition to the standard Recreation & Public Works Departments support and staffing, these events may require additional Public Safety staffing deemed necessary by the Chiefs, additional Sanitation tipping or cleanup, personal comfort station facilities, traffic control devices and extensive staff support in regards to planning and implementation. Each of these requirements has additional costs associated with them that must be paid for by the event sponsor or allocated from the city's appropriate fund.

Within the resolution, where possible specific dates for events are provided, dates are subject to change with City approval, the resolution provides the City Manager the authority to provide City services needed to hold each event, waive or reduce associated fees, remove vehicles/vessels from posted areas, suspend resident only parking restrictions, reserve or close City facilities as necessary. The resolution also gives the City Manager the ability to schedule events so as not to burden city resources, seeing to it that the City Manager must approve make-up or rain dates. It is also requested that the City Manager be given the authority to request that an event sponsor(s) pay or reimburse the City of Gulfport for any unanticipated costs incurred in relation to the event, unless waived or provided for by specific resolution or appropriation, in addition to the $250.00 facility event fee.

The following information provides the fundamental classification aspect of special events during the proposed 2018 Fiscal Year. Most importantly, significant events Co-Sponsored by the City with a community entity that have a noteworthy impact on City services, normal community activities and participation:

Gulfport Area Chamber of Michael J. Yakes Foundation Gulfport Merchant's Association Commerce Springfest Grand Prix & Boat Show Geckofest • Restricted use of Park • Pier, Park, Casino dock • Food Vendors • Carnival Rides closures. • Retail Sales • Food Vendors/Retail Sales • Police and Fire Support • Amplified Music • Alcohol on City Property • Multi day Road Closures • Temporary Structures • Retail sales • Restricted use of City • Alcohol on City Property • Temporary signage Property • Police and Fire Support • Road Closures • 2-3 day large scale event • Road Closures • Police and Fire Support • Vendors • Temporary signage • Sanitation/Cleanup • Alcohol on City Property • 1 day event • 2-3 day large scale event • Sanitation • Sanitation/Cleanup • Residential Neighborhood • Gulfport Beach/Shore • Beach Blvd. at Clymer Park. Blvd. • Large attendance • Large attendance • Large attendance • Parking Restrictions • Parking Restrictions • Parking Restrictions

4th of July Celebration - Pier closing/Road closures/Marina sponsored Fishing contest/ Sandcastle Contest on Beach/Kid's Activities/4th of July Parade - Fireworks Display. Day long large scale event.

So49 - Car Show - Temporary road closures, Public Safety support, Recreation and Public Works staff support.

5 Gulfport Neighbor's - Junk in the Trunk/Truck at the 49th Street Neighborhood Center - Recreation and Public Works staffs support. Public Safety as deemed necessary by the Chiefs.

Mayor’s Cleanup – Gulfport Neighbors/City - Recreation and Public Works staffs support. Public Safety as deemed necessary by the Chiefs.

Boca Ciega High School Homecoming Parade and Festivities - Trolley, Temporary road closures, Public Safety support, and Recreation staff support.

Gulfport Merchant's Pet Rescue - Beach Boulevard closed off between Shore Boulevard and 28th Avenue South; Food/Vendors/Live Entertainment/Road Closures. Sanitation/Public Safety support, Recreation and Public Works staffs support.

Gulfport Merchant's Holiday Hoopla - Beach Boulevard closed off between Shore Boulevard and 28th Avenue South; Food vendors/Live Entertainment/Road Closures. Sanitation/Public Safety support. Recreation and Public Works staff support.

City of Gulfport Heroes Weekend - Event scheduled on Beach. Blvd./Volleyball Courts/ Parade/Public Works, Public Safety & Recreation staff support.

City of Gulfport MLK Day of Service - Event scheduled at Tomlinson Park/Public Works, Public Safety & Recreation staff support.

Tampa Bay Beach Bums – Volleyball Tournaments on Gulfport Beach, Temporary structures, amplified music, vendors, and Public Works staff support. (Six (6) of which are 2-day large scale events) 10 tournaments total.

FINANCIAL IMPACT:

The financial impact to the City for providing events and assistance is two-fold. Beginning in Fiscal Year 2018, the City has reduced the subsidy of support from last year’s budget of approximately $66,000.00 to approximately $47,000.00; with an accompanying increase in revenue of $5,400.00. These calculations are based upon the level of standard appropriation of resources to be applied and additional revenues paid by the sponsoring organization/promoter to offset the cost of services provided by the City of Gulfport. One item that was very substantial in this discussion was the use of the Casino.

• Each Gulfport Non-profit Organization will be entitled to one (1) “free-use” of the Casino Ballroom at a $250.00 (operational) event fee. o Subsequently, additional event rentals by the organization will be charged a $850.00 per day rental fee. The type of event, the level of community involvement, and the community service model that each event provides are all factors when budgeting for special events.

The proposed Fiscal Year 2018 City of Gulfport’s General Fund Budget is proposing a net City Co- Sponsorship level of support in the amount of $47,000.00 for special events including the use of the city’s "in-town" trolley operation, City staff support, the purchase/rental of supplies for events within the Waterfront Redevelopment District, 49th Street Redevelopment Area and other city facilities or locations.

6 In-town trolley operations within the District cost an estimated $8,500.00 per year, as the trolley operates on the 1st Friday and 3rd Saturday evenings in addition to larger Special Events.

The utilization of Tax Increment Financing (TIF) funds is the primarily support for marketing of Special Events and activities with the Gulfport Area Chamber of Commerce and Gulfport Merchant's Association taking place within the Waterfront Redevelopment District. Most notably the City of Gulfport’s 4th of July Celebration's and related activities and costs are also budgeted within this fund. The most significant individual item included in the WRD budget is the City's 4th of July Fireworks Display budgeted in an amount of $24,000.00. On varying scales, funds in support of activities outside the Waterfront Redevelopment District, such as the Fun & Sun Day, and Nautical Flea Market are budgeted within Recreation and Marina, respective operating funds including Parks, Recreation, Cultural Facilities and Senior Center/GEMS with many of these city events within the Senior Center and Recreation Center offset by community donations in support of the numerous activities.

Additionally, beginning in Fiscal year 2018 the City will charge the Tampa Bay Beach Bums a $250.00 per day event fee in addition to the standard court rental fee of $125.00 for the setup and use of City Council approved volleyball courts on Gulfport Municipal Beach.

MOTION:

Move to approve/deny a Resolution approving City of Gulfport sponsored, co-sponsored or community based Special Events (Exhibit A); including the associated waivers to the Code of Ordinances and providing the City Manager, the authority to provide specific city services needed to support and hold each event.

A. PUBLIC SAFETY SERVICES: City Council hereby authorizes Police and Fire Department Services; as deemed necessary by the City Manager or the Police and/or Fire Chief.

C. USE OF CITY TROLLEY: City Council hereby authorizes the use of the Gulfport Trolley and driver for events as deemed necessary or appropriate by the City Manager or his designee.

D. BANNERS: City Council hereby approves the placement of banners at the right of way on Gulfport Boulevard South at Beach Boulevard South and/or 54th Street South at 7th Avenue South.

E. RENTAL FEES: City Council hereby authorizes the City Manager or his designee to waive building or facility fees when deemed appropriate for specific events. A $250.00 "facility event fee" for those Gulfport groups requesting "free" use of the Casino. Additional event rentals at the Casino by the organization will be charged an $850.00 per day rental fee.

G. USE OF CITY SOUND SYSTEM: City Council hereby authorizes the use of the City's sound system for events as deemed necessary or appropriate by the City Manager or his designee.

7 H. AMPLIFIED MUSIC: City Council hereby permits the playing of amplified music between the hours of 10:00 AM and 10:00 PM, as set forth in Section 14-36.

L SIGNS: Providing for authorization to place temporary signs on non-city property throughout the City of Gulfport. Allowing for the placement of temporary signs on city property/right of way, to include the temporary suspension of Section 22-17 .09 (d) of the Code of Ordinances; as long as the allowed temporary signs do not obstruct the vision of pedestrians, cyclists, or motorists traveling on or entering public streets and do not exceed four (4) square feet.

L. LICENSE FEES/SALES OF GOODS AND SERVICES: City Council hereby waives any applicable license fee for vendors approved by the City Manager or his designee and waives the prohibition against the sale of goods on public/private property during events.

M. RESERVATION OF PARK FACILITIES: City Council hereby authorizes the reservation of park facilities for approved events, specifically excluding the reserving of Pavilion #6. ·

N. OUTDOOR COOKING/FOOD SALES: City Council hereby approves outdoor cooking and the sale of food in specific areas designated by the City Manager or his designee.

0. USE OF CLYMER PARK: City Council hereby approves the utilization of Clymer Park and the open greenway located between 23rd Avenue South and 26th Avenue South for specific special event(s) and event related activities.·

P. VEHICLES ON THE BEACH: City Council hereby approves the driving and storage of vehicles and vessels on specific areas of Gulfport Beach as designated by the City Manager or his designee.

Q, BEACH REGULATIONS: City Council. hereby approves the presence of vessels for the Gulfport Yacht Club Regattas at Gulfport Beach on specific areas of Gulfport Beach, and that non-motorized vessels be permitted to beach or land as designated by the City Manager or his designee. That non- motorized vessels be permitted in a designated area of the public beach "Swim Zone" for a specific period of time as designated by the City Manager. Section 6.6 Watercraft at Municipal Beach and Section 6.7 Watercraft in parks, rights of way and public places.

R. ALCOHOL PERMITTED: City Council hereby approves at this time the possession/consumption and sale (where applicable) of Alcohol on Public Property of the City of Gulfport for the "Salute the Troops Weekend Volleyball" - Veteran's Day Activities outside of the Casino, the Gulfport Historical Society/Manatees – “Oktoberfest” - Gulfport Merchant's Association's "Gecko-fest," “Holiday Hoopla,” the Holy Name “Fall Festival,” O’Maddy’s/My Foundation St. Patrick’s Day and Grand Prix Event, the Gulfport Area Chamber of Commerce "Spring-fest" at the Clymer Park Greenway. July 4th - only the possession/consumption of Alcohol on Public Property of the City of Gulfport is permitted. Sale of Alcohol on Public Property of the City of Gulfport is strictly prohibited.

S. SUPPORT SERVICES: City Council hereby authorizes City Departments to provide support services at the City Manager's discretion for all events. 8 T. PIER CLOSING: City Council hereby authorizes the closing of Williams Pier, Casino Dock and surrounding waters at the City Manager's or his designee's discretion to facilitate the discharge of City sponsored Fireworks Displays for the City's July 4th Celebration and the Grand Prix/Boat Show activities.

U. HOLY NAME FALL FESTIVAL: City Council hereby authorizes the suspension of portions of sections 4-11 and 4-25 of the code of ordinances of the city of Gulfport by allowing the sale and consumption of beer and wine in a designated area - during designated times for the Holy Name Fall Festival. Authorization to suspend section 22-17.09 (d) and authorize temporary banners and temporary sings in areas of the City. Waiving the festival licenses fee. The applicant is responsible for additional or extra sanitation fess associated with extra pick-ups and the cost of one (1) Police Officer on site during this event.

9 CITY OF GULFPORT CITY COUNCIL AGENDA MEMORANDUM

FROM: James V. Marenkovic, Fire Chief AGENDA ITEM: 8-b DATE: September 5, 2017 RESOLUTION NO: 2017-77

SUBJECT: Approval of Emergency Medical Services ALS First Responder Agreement

RECOMMENDATION: It is requested that Council authorize the City Manager to enter into a two year agreement (October 1, 2017 to midnight September 30, 2019) with three 1 year extensions with the Pinellas County Board of County Commissioners authorizing the Gulfport Fire Department to provide Advanced Life Support First Responder Services.

BACKGROUND:

The Authority is a special district created for the purposes of providing Emergency Medical Services throughout Pinellas County, pursuant to Chapter 80-585, Laws of Florida and Chapter 54, Article III, Pinellas County Code, as amended. The Authority has determined that a single- tier all Advanced Life Support EMS system with a first responder component and a transport component is in the best interest of public safety, health, and welfare. The Authority has contracted with various municipalities’ fire districts to provide First Responder Services. The City of Gulfport via the Gulfport Fire Department is one of these municipalities. The current contract expires midnight September 30, 2017. The purpose of the Agreement is to define the obligations and responsibilities of the Parties hereto with respect to the provision of ALS First Responder Services in Pinellas County. The Agreement sets the compensation provided the City of Gulfport from the Authority for Advanced Life Support First Responder Services.

ANALYSIS:

The proposed Agreement was a culmination of many meetings between the Fire Chiefs of the municipalities and special fire districts in Pinellas County and Pinellas County Fire and EMS. Several municipal and fire district attorneys were also involved particularly in the Insurance and Indemnification, Compensation, and Term and Termination sections. The compensation to be received by the City of Gulfport was ultimately based on cost forms submitted by the Fire Chief to Pinellas County Fire and EMS and a negotiation secession between the Fire Chief and the Director of Pinellas County Fire and EMS. FINANCIAL IMPACT:

For fiscal year October 1, 2017 to September 30, 2018, the City of Gulfport will be compensated in the amount of $485,405, this is an increase of 12.4%. For the second fiscal year October 1, 2018 to September 30, 2019, the City of Gulfport will be compensated in the amount of $514,771.This will be a 6% increase and makes the City of Gulfport a compensated contractor per Advanced Life Support Unit in Pinellas County. All Medical Supplies and Equipment authorized by the Authority, except for equipment to be provided by Contractor listed below. - Phillips MRx ECG Monitor/Defibrillator with the following clinical specifications: biphasic defibrillation, Q-CPR meter, pulse oximetry, waveform capnography, pacing, 12 lead acquisition and transmission, and non-invasive blood pressure monitoring as determined by the Medical Control Board and Authority for all Authority Funded ALS First Responder Units to include all patient cables, accessories, cases, battery chargers and batteries as needed. - Phillips MRx ECG Monitor/Defibrillators in the same configuration above shall be utilized for reserve and spare equipment. The specific quantity shall be determined by the Authority.

MOTION:

I move to approve/deny this resolution which authorizes the City Manager to enter into a two year agreement (October 1, 2017 to midnight September 30, 2019) with three 1 year extensions with the Pinellas County Board of County Commissioners authorizing the Gulfport Fire Department to provide Advanced Life Support First Responder Services. RESOLUTION NO. 2017-77

A RESOLUTION OF THE CITY OF GULFPORT, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE PINELLAS COUNTY BOARD OF COUNTY COMMISSIONERS TO PROVIDE ADVANCED LIFE SUPPORT FIRST RESPONDER SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, The City of Gulfport if desirous of entering into an Agreement with the Pinellas County Board of County Commissioners to provide Advanced Life Support First Responder Services; and

WHEREAS, The Agreement was a culmination of many meetings between the Fire Chiefs of the municipalities and special fire districts in Pinellas County and Pinellas County Fire and EMS; and

WHEREAS, The Agreement will define the obligations and responsibilities of the Parties hereto with respect to the provision of ALS First Responder Services in Pinellas County. The Agreement sets the compensation provided the City of Gulfport from the Authority for Advanced Life Support First Responder Services.

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 a two year Agreement (October 1, 2017 to midnight September 30, 2019) with three one (1) year extensions with the Pinellas County Board of County Commissioners authorizing the Gulfport Fire Department to provide Advanced Life Support First Responder Services.

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

PASSED AND ADOPTED this 5th day of September, 2017 by the Council of the City of Gulfport, Florida.

Samuel Henderson, Mayor

ATTEST: ______Lesley DeMuth, City Clerk 2017

EMERGENCY MEDICAL SERVICES

ALS FIRST RESPONDER AGREEMENT

CITY OF GULFPORT

OCTOBER 1, 2017

PINELLAS COUNTY EMERGENCY MEDICAL SERVICES AUTHORITY 12490 Ulmerton Road Largo, FL 33774 Emergency Medical Services ALS First Responder Agreement Page 2

EMERGENCY MEDICAL SERVICES ALS FIRST RESPONDER AGREEMENT

AGREEMENT made this ______day of______, 2017, between the CITY OF GULFPORT, a Florida municipal corporation (”Contractor”), and the PINELLAS COUNTY EMERGENCY

MEDICAL SERVICES AUTHORITY, a special district (”Authority”).

RECITALS

1. The Authority is a special district created for the purpose of providing Emergency Medical

Services throughout Pinellas County (”County”), pursuant to Chapter 80-585, Laws of

Florida and Chapter 54, Article III, Pinellas County Code, as amended (“The Acts”).

2. The Authority has determined that a single-tier all Advanced Life Support (”ALS”) EMS

system with a first responder component and a transport component is in the best interest

of public safety, health and welfare.

3. The Authority has contracted with various municipalities and independent special fire

districts in the County to provide First Responder Services (as defined herein) and has also

contracted with an Ambulance Contractor to provide ALS emergency and non-emergency

transport services.

4. The Authority wishes to continue to provide for the long-term direction and financial stability

of the entire Emergency Medical Services system through working with the First Responder

agencies to control costs.

5. Authority is authorized to enter into agreements for Emergency Medical Services and the

Contractor is willing and able to provide First Responder Services (as defined herein).

NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein set forth to be kept and performed by and between the parties hereto, it is agreed as follows: Emergency Medical Services ALS First Responder Agreement Page 3

ARTICLE I THE AGREEMENT SECTION 101. RECITALS AND PURPOSE. The foregoing recitals are hereby incorporated and made part of this Agreement. The purpose of this Agreement is to define the obligations and responsibilities of the Parties hereto with respect to the provision of ALS First Responder Services in the County.

SECTION 102. COOPERATION. The Parties shall cooperate and use all reasonable efforts, pursuant to the terms of this Agreement, to facilitate the terms of this Agreement. Accordingly, the Parties further agree in good faith to mutually undertake resolution of disputes, if any, in an equitable and timely manner so as to limit the need for costly, time-consuming, adversarial proceedings to resolve such disputes.

SECTION 103. CONTRACT DOCUMENTS. The following Appendices are attached to and made part of this Agreement: Appendix A. ALS First Responder Profile Appendix B. ALS First Responder Contractors Appendix C. EMS Equipment Appendix D. EMS Financial Information Attestation Form Appendix E. Instructor Reimbursement Form

Subject to Section 912, this Agreement, together with the foregoing Appendices, constitutes the entire Emergency Medical Services ALS First Responder Agreement between the Parties with respect to the provision of ALS First Responder Services, except to the extent that HIPAA (Health Insurance Portability and Accountability Act) requires additional agreements, which will be handled separately, and shall supersede any prior agreement, contract or memorandum of understanding between the Parties regarding such services. SECTION 104. SCOPE OF SERVICES. The services to be performed by the Contractor under this Agreement include the following: (a) The response of an ALS First Responder Unit to the scene of an EMS Incident. (b) The on-scene Patient care by Field Personnel. Emergency Medical Services ALS First Responder Agreement Page 4

(c) The continuation of Patient care, when Contractor’s Paramedic accompanies the Patient during transport by the Ambulance Provider or medical helicopter. The transport of Patients to a medical facility, in extraordinary circumstances, shall be in accordance with Florida Statute 401.33 and the then current Medical Operations Manual, Transport Protocols. (d) The episodic utilization of CME Instructors and Public Educators/Community Paramedics by participating Contractors. Such services shall be provided in accordance with the terms and conditions of this Agreement. The specific terms and conditions of this Agreement shall govern and prevail over this Section 104. ARTICLE II DEFINITIONS SECTION 201. WORDS AND TERMS. Unless the context otherwise requires, capitalized terms used herein shall have the following meanings ascribed to them: “ALS” means Advanced Life Support. “ALS First Responder Services” means the response of an ALS First Responder Unit to an EMS Incident and, if necessary, on-scene Patient care by EMTs and Paramedics, all in accordance with the protocols of the Authority. “ALS First Responder Station” means any location designated by the Contractor and approved by the Authority at which an ALS First Responder Unit, with the minimum staffing required herein, is located. “ALS First Responder Unit” means any of the ALS permitted vehicles provided by Contractor under this Agreement and listed on Appendix A; each of which is equipped to provide Advanced Life Support services and is used for rapid response to an EMS Incident. ALS First Responder Units may include, but not be limited to: ALS engines, Transport capable rescue units and non-Transport capable rescue units. “Advanced Life Support” means treatment of life-threatening medical emergencies through the use of techniques such as endotracheal intubation, the administration of drugs or intravenous fluids, cardiac monitoring, and cardiac defibrillation by a qualified person, pursuant to rules of the Department. “Ambulance” means a vehicle constructed, equipped and permitted as an ALS Ambulance, pursuant to the rules of the Department for the transportation of Patients. Emergency Medical Services ALS First Responder Agreement Page 5

“Ambulance Contractor” means the entity selected by the Authority to provide ambulance service countywide. “Annual Compensation” means the professional services fee listed on Appendix B, as may be adjusted pursuant to the terms of this Agreement. “Annual External Audit” means an audit conducted by an external certified public accountant, retained by the Contractor, who at the end of each Fiscal Year verifies and attests that the Contractor has complied with the requirement to utilize EMS funds solely for EMS purposes in accordance with Section 706 through the submission of the form shown on Appendix G. “Authority” means the Pinellas County Emergency Medical Services Authority, a special district established by Chapter 80-585, Laws of Florida, as amended. “Authority Funded Unit” means an ALS First Responder Unit authorized and funded by the Authority pursuant to the terms of this Agreement. “Automatic Aid/Closest Unit Response Agreement” means the agreement by and between every political subdivision and fire control districts within Pinellas County dated October 16, 1990. “BLS” means Basic Life Support. “BLS First Responder Unit” means a vehicle equipped to provide Basic Life Support only. “Basic Life Support” means treatment of medical emergencies by a qualified person through the use of techniques described in the Emergency Medical Technician Basic Training Course Curriculum of the United States Department of Transportation. “CAD” means the computer aided dispatch system. “Caller” means a person accessing the response system by telephone. “Continuing Medical Education” or “CME” means the medical education training program, through distance learning or classroom based courses, provided in accordance with the EMS Rules & Regulations.

"CME Instructor" means a County Certified Paramedic, County Certified EMT or County Certified registered nurse, employed and approved by a Contractor or the Ambulance Contractor, who meets the qualifications set forth in the EMS Rules and Regulations and is approved by the Medical Director. CME Instructors may be utilized to teach regular Emergency Medical Services ALS First Responder Agreement Page 6

CME classes, specialized Courses. EMS System orientation or serve as a subject matter expert, curriculum developer or to complete a specific task assignment. “Contractor” means any one of the entities described on Appendix C. “Contractor Funded Unit” means an ALS First Responder Unit, approved by the Executive Director, which is funded and operated by the Contractor for their operational flexibility, but, the additional Unit is not necessary for the Contractor to meet its obligations under the terms of this Agreement. “County” means Pinellas County, Florida, a political subdivision of the State of Florida. “County Certified” means authorized to work in the EMS System in accordance with requirements established by the Medical Control Board, the Medical Director and approved by the Authority. "Course" means any individual CME offering available online or through a sufficient number of classroom based training classes. Regular CME Courses, whether online or classroom based, will be two (2) hours in duration.

“Department” means the State of Florida Department of Health. “Disaster” means an occurrence of a severity and magnitude that normally results in death, injuries and/or property damage and that cannot be managed through routine procedures and resources of the EMS system. “Emergency Medical Technician” or “EMT” means any person who is trained in Basic Life Support, who is County Certified and who is certified by the Department to perform such services in emergency situations. “Emergency Medical Services” or “EMS” means the services provided by the Contractor pursuant to Section 104. “EMS Advisory Council” means the advisory board established by the Special Act. “EMS Districts” means the districts designated by Authority pursuant to the Special Act and Resolution 14-66, as may be amended, “EMS Emergency” means any occurrence or threat thereof in the County, any municipalities therein, or in Pasco, Hillsborough or Manatee County, which may result in unusual system overload and is designated as an EMS Emergency by the Executive Director or Authority. Emergency Medical Services ALS First Responder Agreement Page 7

“EMS Equipment” means the equipment listed on Appendix F, as may be amended from time to time by the Executive Director. “EMS Incident” means an emergency or non-emergency request processed through the Regional 9-1-1 Center that needs or is likely to need medical services.

“Emergency Response” means, for the purposes of measuring response time compliance in Section 403, the act of responding to a request for services in which the Priority Dispatch Protocols have determined that red lights and sirens will be used. “EMS Mill” means the ad valorem real property tax imposed by the Authority pursuant to the “Special Act”, Laws of Florida, as amended. “EMS Ordinance” means Chapter 54, Article III of the Pinellas County Code, as may be amended. “EMS System” means the network of organizations and individuals, including, but not limited to the Authority, Ambulance Contractor, the Contractors, the EMS Advisory Council, the Medical Control Board and the Medical Director, established to provide Emergency Medical Services in Pinellas County. “Executive Director” means the Director of the EMS System, or his or her designee. “First Due Unit” means the ALS First Responder Unit, within Contractor’s primary response area, predetermined to be the nearest to the EMS Incident, in accordance with Section 409 hereof. “Field Personnel” means Paramedics and EMTs employed by Contractor. “First Responder Services” means ALS First Responder Services. “Fiscal Year” means the year commencing on October 1 of any given year and ending on September 30 of the immediately-succeeding year. “Force Majeure” means any act, event, or condition, other than a labor strike, work stoppage or slowdown, that has had or may reasonably be expected to have a direct material adverse effect on the rights or obligations of either Party under this Agreement, and such act, event, or condition is beyond the reasonable control of the Party relying thereon as justification for not performing an obligation or complying with any condition required of such Party under this Agreement, and is not the result of willful or negligent action or a lack of reasonable diligence of the Party relying thereon. Such acts or events may include, but shall not be Emergency Medical Services ALS First Responder Agreement Page 8

limited to: an act of God (except normal weather conditions for the County), epidemic, landslide, or similar occurrence, an act of the public enemy, war, blockade, insurrection, riot, general arrest or restraint of government and people, civil disturbance or similar occurrence. “Just Culture” means the framework of assuring patient safety through error prevention and process improvement; assuring and improving the quality of Patient care and Client services; supporting a professional environment and culture that encourages and supports our Certified Professionals; understands human errors occur and how accountability is assured through consoling, coaching, counseling, Remedial Training, or corrective action. "Learning Management System" means the integrated fire and EMS software system utilized by Provider Agencies for online training, classroom based training attendance tracking, in-service education; dissemination of administrative and medical control directives, tracking receipt of protocols and directives, skill assessment and testing results. Authority's staff and Medical Director shall have administrative rights to upload Emergency Medical Services Continuing Medical Education and post CME curriculum, in- service training modules, administrative and medical control directives, run attendance and grade reports for all students, and reports for CME Instructor activity. All Contractors will utilize the common software platform, Target Solutions, or a successor software product as determined by the Authority upon agreement with the CME steering committee as defined in the EMS Rules and Regulations. “Medical Case Review” means a review conducted by the EMS Medical Director or designee, with all Certified Professionals involved with a case, to closely examine the care of a Patient using a positive and educational approach to determine where gaps in knowledge or errors occurred. Such Medical Case reviews shall be conducted with a Just Culture framework to ensure a positive and supportive culture that encourages quality Patient care. “Medical Control” means the medical supervision of the EMS System provided by the Medical Director. “Medical Control Board” means the board appointed by Authority pursuant to the EMS Ordinance and having the duties and responsibilities set forth in the EMS Ordinance. “Medical Direction” means supervision by Medical Control through two-way communication or through established standing orders, pursuant to rules of the Department. Emergency Medical Services ALS First Responder Agreement Page 9

“Medical Director” means a licensed physician, or a corporation, association, or partnership composed of physicians, which employs a licensed physician for the purpose of providing Medical Control to the EMS System. “Medical Operations Manual” means the clinical guidelines, prepared for the EMS System and approved by the Medical Control Board, as the same may be amended from time to time. “On-Scene Equipment Exchange Program” means the Authority’s program whereby an equipment item, such as backboards and immobilization devices, which many be amended by the Executive Director, is employed by Contractor in the course of preparing a Patient for transport and the ambulance personnel replaces the same from its own on-board inventory. “Paramedic” means a person who is trained in Basic and Advanced Life Support, who is County Certified, and who is certified by the Department to perform Basic and Advanced Life Support procedures pursuant to the provisions of state statute, regulations and the Medical Operations Manual. “Party” or “Parties” means either the Authority or the Contractor, or both, as the context of the usage of such term may require. “Patient” means an individual who is ill, sick, injured, wounded or otherwise incapacitated and is in need of or is at risk of needing medical care. “Priority Dispatch Protocols” means the protocols adopted by the Authority, and as may be amended from time to time, governing the EMS System’s response to the different types of service requests. "Public Educator/Community Paramedic" means a County Certified Paramedic or County Certified EMT, or approved public educator employed and approved by a Contractor or the Ambulance Contractor, who meets the qualifications set forth in the EMS Rules and Regulations and is approved by the Medical Director. Public Educators/Community Paramedics may be utilized to teach CPR, first aid, drowning prevention, fall prevention or any other type of EMS specific public education, or prevention program or established community paramedic/outreach program or to complete a specific task assignment related to EMS public education/community outreach, “Regional 9-1-1 Center” means the Communications Center and related telephone, radio and data systems operated and maintained by Pinellas County as the countywide Public Safety Emergency Medical Services ALS First Responder Agreement Page 10

Answering Point for the purpose of receiving 9-1-1 calls from citizens; providing emergency medical dispatch following the Priority Dispatch Protocols; providing for the dispatch of all BLS and ALS First Responder Units to EMS Incidents; and providing for the ongoing communications via radio and wireless data systems. “Response” means the act of responding to a request for services, which act begins when ALS First Responder Units are dispatched to an EMS Incident. “Response Time” means the period of time commencing when an ALS First Responder Unit is dispatched to an EMS Incident and ending when Contractor's first ALS First Responder Unit arrives on the scene of the incident. “Rules and Regulations” means the rules and regulations adopted by the Authority, which is subject to amendment. “Run Cards” means the Regional 9-1-1 Center’s computer aided dispatch software database that, based upon the location of the EMS Incident and a predetermined listing of ALS First Responder Units which the Contractor has determined to be the closest by travel time or most appropriate in ranked order, recommends the closest or most appropriate ALS First Responder Unit(s) to respond to EMS Incidents, or successor methods such as global positioning satellite (GPS) automatic vehicle location (AVL) systems. “Special Act” means Chapter 80-585, Laws of Florida, as amended. “Special Events” means non-emergency events, such as sporting events, parades, festivals and other group or mass gatherings, which may require BLS or ALS medical coverage. “State” means the State of Florida. “State of Emergency” means a Disaster which has been declared by proclamation of the State, County or a municipality in the County. “Total Unit Hour Compensation” means Unit Hour Compensation multiplied by the number of Authority Funded Units provided by this Agreement. “Transport” means the transportation of Patients to any destination by Ambulance. “Uncontrollable Circumstance” means a Force Majeure, an EMS Emergency or a State of Emergency. “Unforeseen Circumstances” means circumstances which could not reasonably be foreseen by the Parties at the time of execution of this Agreement. Emergency Medical Services ALS First Responder Agreement Page 11

“Unit Compensation” means the Annual Compensation in a Fiscal Year divided by the number of Authority Funded Units provided by this Agreement. “Unit Hour Compensation” means the Unit Compensation divided by Eight Thousand, Seven Hundred and Sixty (8,760) Hours.

SECTION 202. TERMS GENERALLY. Whenever the context may require, any pronoun shall include corresponding masculine, feminine and neuter forms. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”, except as the context may otherwise require. The words “agree”, “agreement”, “approval” and “consent” shall be deemed to be followed by the phrase “which shall not be unreasonably withheld or unduly delayed”, except as the context may otherwise require.

ARTICLE III REPRESENTATIONS SECTION 301. REPRESENTATIONS OF AUTHORITY. Authority represents to Contractor that each of the following statements is presently true and correct: (a) Existing. Authority has all requisite power and authority to carry on its business as now conducted and to perform its obligations under this Agreement and each document contemplated hereunder to which it is or will be a party. (b) Due Authorization. This Agreement has been duly authorized by all necessary action on the part of, and has been or will be duly executed and delivered by Authority and neither the execution and delivery thereof, nor compliance with the terms and provisions thereof or hereof contravenes any existing law, judgment, government rule, regulation or order applicable to or binding on Authority. (c) Enforceability. This Agreement constitutes a legal, valid and binding obligation of Authority enforceable against Authority in accordance with the terms thereof, except as such enforceability may be affected or limited by applicable bankruptcy, insolvency or similar laws, from time to time in effect, which affect creditor’s rights generally and subject to usual equitable principles in the event that equitable remedies are involved. (d) Financial Capability. Authority is fully capable, financially and otherwise, to perform its obligations hereunder, subject to availability of funds lawfully appropriated for the purposes provided in this Agreement. Emergency Medical Services ALS First Responder Agreement Page 12

(e) No Litigation. There are no pending, or to the knowledge of Authority, threatened actions or proceedings before any court or administrative agency to which Authority is a party, questioning the validity of this Agreement or any document or action contemplated hereunder, or which are likely, in any case or in the aggregate, to materially adversely affect the consummation of the transactions contemplated hereunder.

SECTION 302. REPRESENTATIONS OF CONTRACTOR. Contractor represents to Authority that each of the following statements is presently true and correct: (a) Existing. Contractor is a Florida municipal corporation or independent special district having all requisite power and authority in Florida to carry on its business as now conducted, to own or hold or otherwise control its properties, and to enter into and perform its obligations under this Agreement and under each instrument described herein to which it is or will be party. (b) Due Authorization. This Agreement has been duly authorized by all necessary action on the part of and has been duly executed and delivered by Contractor and neither the execution and delivery thereof, nor compliance with the terms and provisions thereof or hereof contravenes any existing law, judgment, government rule, regulation or order applicable to or binding on the Contractor. (c) Enforceability. This Agreement constitutes a legal, valid and binding obligation of Contractor enforceable against Contractor in accordance with the terms thereof, except as such enforceability may be limited by applicable bankruptcy, insolvency or similar laws, from time to time in effect, which affect creditor’s rights generally and subject to usual equitable principles in the event that equitable remedies are involved. (d) No Litigation. There are no pending, or to the knowledge of Contractor, threatened actions or proceedings before any court or administrative agency to which Contractor is a party, questioning the validity of this Agreement or any document or action contemplated hereunder, or which are likely, in any case or in the aggregate to materially adversely affect the consummation of the transactions contemplated hereunder. (e) Financial Capability. Contractor is fully capable, financially and otherwise, to perform its obligations hereunder subject to availability of funds lawfully appropriated for the purposes provided in this Agreement. Emergency Medical Services ALS First Responder Agreement Page 13

ARTICLE IV DUTIES AND RESPONSIBILITIES OF CONTRACTOR SECTION 401. VEHICLES AND EQUIPMENT.

(a) Obligation to Provide Vehicles. At all times during the term of this Agreement, Contractor shall provide the number of Authority Funded Units described on Appendix A. Contractor reserves the right to select and acquire vehicles and apparatus used in the performance of this Agreement. (b) Maintenance of Vehicles and Fuel. Contractor shall be responsible for the maintenance and repair of ALS First Responder Units and for furnishing maintenance, equipment, supplies, repairs, spare parts, replacement vehicles and fuel. Contractor shall maintain records of maintenance and fuel in order to document that ALS First Responder Units are maintained and used in accordance with this Agreement. (c) Staffing of Vehicles. Each ALS First Responder Unit shall be staffed in compliance with Chapter 401, Florida Statutes, with a minimum of one (1) Paramedic. Contractor shall maintain records of staffing in order to document that ALS First Responder Units are staffed in accordance with this Agreement. (d) Equipment and Supplies. With the exception of equipment maintained by the Authority in Section 507, Contractor shall furnish and maintain all EMS Equipment, required to be provided by the Contractor pursuant to Appendix F. Contractor shall also be responsible for the cost of replacing outdated medical supplies as provided in Section 504, which are lost through inadequate stock rotation; as well as the cost of medical supplies which are lost, stolen, damaged, or unaccounted for due to Contractor’s negligence. The Authority shall be responsible for the cost of any medical supplies which are lost, stolen, or damaged due to a cause other than Contractor’s negligence. Contractor shall be subject to the Authority’s On-Scene Equipment Exchange Program. (e) Medical Communications Equipment. Contractor shall be responsible for the replacement of all medical communications equipment that is lost, stolen or damaged due to Contractor’s negligence. Contractor shall also be responsible for all routine maintenance of such equipment. The Authority shall be responsible for the replacement of any medical communications equipment that is lost, stolen or damaged due to a cause other than Contractor’s negligence. Emergency Medical Services ALS First Responder Agreement Page 14

(f) Inspections. Contractor shall allow representatives of the Authority and of the Medical Director to inspect ALS First Responder Units, equipment and ALS First Responder Stations as may be reasonably required to determine compliance with this Agreement. (g) Patient Care Reporting System Equipment. Contractor shall be responsible for the replacement of all field equipment for the Patient Care Reporting System (e.g. notebook computers) that is lost, stolen or damaged due to Contractor’s negligence. The Authority shall be responsible for the replacement of field equipment for the Patient Care Reporting System that is lost, stolen or damaged due to a cause other than Contractor’s negligence.

SECTION 402. PRIORITY DISPATCH PROTOCOLS. Contractor shall respond to EMS Incidents in accordance with the then current Priority Dispatch Protocols. Contractor and the Authority shall cooperate in implementing periodic enhancements and improvements to the Priority Dispatch Protocols.

SECTION 403. RESPONSE TIME. Response Time to not less than ninety percent (90%) of all EMS Incidents in a Fiscal Year which are (1) prioritized as an Emergency Response; (2) are within Contractor’s EMS District as set forth in Appendix D; and (3) for which Contractor’s ALS First Responder Unit is determined, in accordance with Section 409, to be the First Due Unit, shall be within seven (7) minutes and thirty (30) seconds or less; provided, however, that such Response Time standard shall not be applicable to Responses which occur during periods of Uncontrollable Circumstances or to Responses to remote areas or areas of limited accessibility, as requested by Contractor and approved by the Executive Director. The Authority and the Contractor desire to maintain Response Times for each EMS District at or below the Response Times now enjoyed by each respective EMS District. Such level of service is met by Authority Funded Units.

SECTION 404. CONTINUING MEDICAL EDUCATION. (a) Field Personnel. Contractor shall make available its Field Personnel for Continuing Medical Education as required by state regulation, Rules and Regulations and the Medical Control Board. Satisfactory participation by Contractor’s Field Personnel in Continuing Medical Education provided and made available by the Authority shall constitute fulfillment of this obligation. Contractor shall be responsible for ensuring that its Field Personnel attend Continuing Medical Emergency Medical Services ALS First Responder Agreement Page 15

Education training, either in classroom based training or distance learning methods as determined by the Medical Director, in accordance with the Rules and Regulations. Contractor may prepare and submit to the Executive Director a report evaluating performance of the CME program. Contractor shall use any prepared forms that the Authority requests it to use for this evaluation. (b) CME Instructors. Contractors will use their best efforts to provide a sufficient number of CME Instructors to conduct courses. The Authority will use its best efforts to provide a sufficient number of classes available at regional training sites on days, times and shifts necessary to maximize the availability of First Responder units and ambulances up to one hundred eighty (180) classes per regular CME Course or ninety {90) classes for paramedic only CME Courses. Contractors understand the Authority is responsible for the provision of CME instruction and if the pool of CME Instructors made available by the Contractors is deemed inadequate or insufficient by the Authority, the Authority may elect to provide the CME program directly or through another means.

SECTION 405. MEDICAL QUALITY CONTROL. (a) Medical Director. The Medical Director of the EMS System shall also serve as medical director of Contractor’s EMS or ALS First Responder Services. Contractor may not use or employ another Medical Director for the provision of Emergency Medical Services within Contractor’s EMS District. (b) Rules and Regulations: Protocols. Contractor shall fully comply with the Rules and Regulations, including the protocols established in the Medical Operations Manual. (c) Ride-Along. Contractor shall allow the Medical Director and the Executive Director or their representative to ride in ALS First Responder Units during Responses to EMS Incidents. However, such representatives shall conduct themselves in a professional and courteous manner, shall not interfere with Contractor’s employees in the performance of their duties, except as necessary to assure protocol compliance and good Patient care, and shall at all times be respectful of Contractor’s employee/employer relationship. The Medical Director, Executive Director, or their representatives, shall provide proof of employment, proof of workers’ compensation insurance and shall complete any waiver or release forms which may be required by the Contractor prior to riding in ALS First Responder Units. Emergency Medical Services ALS First Responder Agreement Page 16

(d) On-Scene Patient Care. Contractor shall comply at all times with the Authority’s protocol for on-scene control of Patient care. If Contractor’s Paramedic is requested to ride to the hospital with the Ambulance Contractor’s Paramedic, Contractor’s Paramedic shall comply. Contractor’s Paramedic may also decide to ride to the hospital with Ambulance Contractor’s Paramedic. Contractor shall be responsible for the return of the Paramedic from the hospital. (e) Special Events. In the event Contractor provides either BLS or ALS medical coverage at a Special Event in their EMS District, Contractor shall be under the auspices of the Authority, the Medical Control Board and the Medical Director. In providing medical coverage at a Special Event, Contractor shall comply with the Rules and Regulations and with the protocols established in the Medical Operations Manual. Authority Funded Units will not be used for dedicated special events coverage without the written approval of the Executive Director. Contractor and Authority will notify each other of large scale Special Events, which may require additional resources or adversely affect the EMS System, to ensure coordinated event coverage. (f) Quality Assurance. Contractor shall adhere to the quality assurance and quality management program established by the Medical Director and shall participate in quality assurance reviews.

SECTION 406. MEDICAL CASE REVIEWS. Medical Case Reviews may include access to data, records review, written and verbal statements by Field Personnel and EMS Coordinator, and attendance at interviews and informal and formal hearings, in accordance with the then current EMS Rules and Regulations and Florida Statute 401.425. Contractor shall cooperate in obtaining such records, verbal and written statements and ensure that its Field Personnel attend Medical Case Reviews when reasonably requested.

SECTION 407. PERSONNEL. (a) Training and Qualifications. All Field Personnel employed by the Contractor in the performance of work under this Agreement shall be trained and qualified at a level consistent with the standard established by the Authority for delivering Patient care and shall hold appropriate credentials in their respective EMS profession. (b) Standard of Conduct. Contractor’s personnel shall conduct themselves in a professional and courteous manner at all times. Contractor shall address and correct any Emergency Medical Services ALS First Responder Agreement Page 17 departures from this standard of conduct. Contractor’s Field Personnel shall be easily identified as EMTs or Paramedics while on scene of an EMS Incident. (c) Part-Time Employment. Contractor shall not unreasonably restrict its employees from seeking or performing part-time employment with Authority’s Ambulance Contractor. (d) EMS Coordinator. Contractor shall designate a County Certified Paramedic as the EMS Coordinator who will be responsible for performing or supervising, at a minimum, for: (1) Reviewing Patient care records in accordance with procedures established by the Medical Director. (2) Responding to EMS Incidents and overseeing Patient care in accordance with procedures established by the Medical Director. (3) Monitoring Contractors’ EMS personnel to ensure compliance with CME requirements. (4) Monitoring Contractors’ EMS personnel to ensure clinical competence and good customer service. (5) Attending and actively participating in EMS related meetings and quality improvement committees.

SECTION 408. STATE OF EMERGENCY ASSISTANCE, EMS EMERGENCY AND MUTUAL AID (a) State of Emergency Assistance within Pinellas County. Immediately upon notification by the Authority of a State of Emergency within Pinellas County, Contractor shall commit such resources as mutually agreed upon by the Parties, given the nature of the State of Emergency and shall assist in accordance with applicable plans and protocols mutually agreed upon by the Parties. During a State of Emergency, Contractor shall be released from the requirements of Section 403 and the time requirements of Section 704(a). When Contractor ceases providing assistance with the State of Emergency, Contractor shall resume normal operations as rapidly as is practical and notify the Authority’s authorized representative that Contractor is able to resume normal operations considering exhaustion of personnel, need for restocking and other relevant considerations. (b) State of Emergency Assistance Outside of Pinellas County. Contractor shall manage any State of Emergency assistance response outside of Pinellas County in a manner which does not prevent Contractor from rendering services in accordance with this Agreement. Emergency Medical Services ALS First Responder Agreement Page 18

(c) EMS Emergency. Immediately upon notification by the Authority of an EMS Emergency, Contractor shall assist in the locality where the EMS Emergency has occurred. The level of assistance provided by Contractor shall be mutually agreed upon by the Parties. During an EMS Emergency, the Contractor shall be released from the requirements of Section 403. When Contractor ceases providing assistance during an EMS Emergency, Contractor shall resume normal operations as rapidly as is practical considering exhaustion of personnel, need for restocking, and other relevant considerations. During the course of an EMS Emergency, Contractor shall use best efforts to continue to provide local ALS emergency coverage. (d) Mutual Aid. Mutual aid responses outside of Pinellas County, rendered by the Contractor outside of Pinellas County that are not due to a State of Emergency or EMS Emergency, shall be performed in accordance with the terms and conditions of this Agreement.

SECTION 409. AUTOMATIC AID/CLOSEST UNIT RESPONSE. Upon notification by the Regional 9-1-1 Center of an EMS Incident, Contractor shall provide ALS First Responder Services in accordance with the Automatic Aid/Closest Unit Response Agreement. The ALS First Responder Unit which is predetermined to be the closest to the emergency scene, by the Run Cards, shall be dispatched without regard to EMS District or jurisdictional boundaries. In the event that the Automatic Aid/Closest Unit Response Agreement is terminated, Contractor shall provide ALS First Responder Services in accordance with the then current Run Cards for all EMS Incidents. The Contractor’s authorized representative will periodically, or at the request of the Authority, update their Run Cards to insure their accuracy and coordinate any changes with any affected Contractor(s).

SECTION 410. MEDICAL SUPPLIES AND INVENTORY CONTROL. Contractor shall establish and implement inventory control procedures for the stocking and use of medical supplies. Contractor shall report, as of September 30th during each year this Agreement is in effect, the balance of all medical supplies held by the Contractor in inventory. Such report will list the item’s identification number, the item’s description, and the quantity held. Contractor will report the quantity of medical supplies which are lost, damaged, or unaccounted for, due to Contractor’s negligence, and medical supplies unusable due to inadequate stock rotation. Contractor agrees to not maintain more than thirty (30) days of medical supplies in stock based Emergency Medical Services ALS First Responder Agreement Page 19 upon historical use. Contractor shall maintain inventory records that identify all ALS First Responder Unit supplies issued from stock, and will keep stock under lock so that access is limited to only authorized personnel. Contractor shall adhere to inventory control procedures that the Authority may require, as long as they are reasonable and prudent. Contractor shall follow all federal, state and local laws and protocols in the distribution and handling of controlled substances. Contractor shall provide list of personnel authorized to receive controlled substances from the warehouse and any change to such list.

SECTION 411. PATIENT CARE REPORTING SYSTEM. Contractor shall cooperate with the Authority in refining and improving the fully-integrated, electronic patient care reporting system. This system shall meet the information needs of the Contractor, the Medical Director, the Medical Control Board and the Authority. Contractor shall gather and enter data into the Authority’s electronic patient care reporting system for every Patient encountered and every EMS Incident responded to by the Contractor’s Field Personnel. Operating costs of this information system shall be the responsibility of the Authority. The Executive Director shall determine the start date and implementation timeline to ensure seamless implementation in the EMS System. The database of the Authority’s patient care reporting system shall be fully comprehensive, including complete and integrated information on all EMS System activities beginning with the receipt of an EMS Incident; dispatch activities and Response Times; every Patient assessment and all treatment rendered while Contractor’s Field Personnel are attending the Patient. Contractor shall require Field Personnel to comply with the completion of paper reports and the data entry requirements of the EMS System and insure the accuracy and completeness of such reports, as approved and periodically revised by the Authority. Authority agrees that the procedures used to implement and operate the electronic patient care reporting system shall be mutually agreed upon by the Parties. Contractor shall have unlimited access, regardless of storage location or medium, to electronic patient care reports generated by the Contractor’s EMS personnel and all dispatch- related data. Emergency Medical Services ALS First Responder Agreement Page 20

SECTION 412. UTILIZATION OF REGIONAL 9-1-1 CENTER. (a) Regional 9-1-1 Center. Contractor shall utilize the Regional 9-1-1 Center for the dispatch of all BLS and ALS First Responder Units to EMS Incidents. Contractor shall utilize the Regional 9-1-1 Center’s radio and data systems to include, but not limited to, computer aided dispatch (CAD) software, mobile communications terminal software, and the County’s public safety and intergovernmental voice and data radio system.

Contractor shall provide and maintain all fire station alerting systems, base stations, pagers, fire station computers and peripherals, all mobile and portable radios except as provided in Section 503, and mobile communications terminals and radio modems to communicate with the Regional 9-1-1 Center’s radio and data system following the County’s technical specifications.

Authority shall provide and maintain, at no cost to the Contractor, all necessary broadband networking from Fire Stations to the Regional 9-1-1 Center’s data system, and access to the County’s 800MHz High Performance Data (HPD) system following the County’s technical specifications.

Authority shall provide a mutually agreed upon appropriate planning phase, cost analysis, changes in the County’s technical specifications, and implementation plan for any future upgrades or system changes.

Contractor shall ensure all frontline ALS First Responder Units are equipped with GPS enabled mobile communications terminals running mobile CAD software. Contractor shall ensure GPS enabled mobile communications terminals are kept in working order and repaired in a timely manner to ensure efficient and accurate dispatch.

(b) Requests for Emergency Medical Assistance. Should Contractor receive any request for emergency medical assistance, including walk-ins, Contractor shall record the address and telephone number of the caller, obtain the location and nature of the emergency, shall Emergency Medical Services ALS First Responder Agreement Page 21 immediately respond to the request for emergency medical assistance, if appropriate, and shall immediately advise the 9-1-1 Center of the information received, and the Response initiated by Contractor, if any.

SECTION 413. COMMUNITY INVOLVEMENT. Contractor is encouraged to make available to their local community, health promotions and prevention education (i.e., CPR training, public access defibrillation programs, drowning prevention, health risk assessments). The programs may be developed by the individual contractor or in coordination with the Medical Director or the Authority.

Contractor may elect to participate in the Authority’s public education/prevention/community outreach/community paramedic programs that are established, as set forth in the EMS Rules and Regulations and approved by the Medical Director. Public Educators/Community Paramedics may be utilized to teach CPR, first aid, drowning prevention, fall prevention or any other type of EMS specific public education, or prevention program or established community paramedic/outreach program.

SECTION 414. LICENSURE AND CERTIFICATION. Contractor shall maintain the appropriate licensure with the Department as an ALS provider. Contractor or Contractor’s employees, as the case may be, shall be responsible for payment of any fees associated with EMS and Paramedic certification and recertification using funds provided under this Agreement.

SECTION 415. ACCURATE INFORMATION. Any news releases, statements, or public information given by the Contractor’s or Authority’s personnel to the public or the media shall accurately reflect the design and operation of the EMS system.

ARTICLE V DUTIES AND RESPONSIBILITIES OF AUTHORITY SECTION 501. MEDICAL DIRECTION AND CONTROL. The Authority shall be responsible for providing, or cause to be provided, Medical Direction and Medical Control to the Contractor. Emergency Medical Services ALS First Responder Agreement Page 22

SECTION 502. CONTINUING MEDICAL EDUCATION. Authority shall provide and make available to Contractor a Continuing Medical Education training program at multiple, regionally- located training sites and not at a single, centralized training site. Authority shall endeavor to utilize distance learning methodologies and technology to deliver CME training whenever possible.

SECTION 503. MEDICAL COMMUNICATIONS EQUIPMENT. Authority has provided, or shall provide, as applicable, one (1) 800 MHZ Mobile Radio, and one (1) 800 MHZ Portable Radio for each Authority Funded Unit approved on Appendix A. The radio equipment shall be installed in the Authority Funded Units by the Contractor and become Contractor’s property. Contractor shall be responsible for such equipment, as provided for in Section 401(e) hereof. Authority shall be responsible for replacing such equipment at the end of a reasonable useful life, as determined by the Authority. Such equipment was replaced through the County’s “P25 Communications System Upgrade”.

SECTION 504. MEDICAL SUPPLIES. The Authority shall provide and replace, as necessary, without cost to Contractor, the medical supplies used by Contractor in rendering Patient care under this Agreement. The Authority shall deliver, or cause to be delivered, all medical supplies, except controlled substances, every two weeks to Contractor’s designated medical supply receiving location. Contractor’s authorized representative shall sign for and pick up controlled substances at a central location designated by the Authority. The Authority shall not be responsible for costs of replacing inventory items lost, stolen, damaged or unaccounted for due to Contractor’s negligence but the Authority shall be responsible for the costs of replacing inventory items lost, stolen damaged or unaccounted for due to a cause other than Contractor’s negligence. Where applicable, Contractor shall relocate supplies nearing their expiration dates to ALS First Responder Units serving areas of higher demand within their EMS District. All medications and supplies shall be returned to the Authority not later than sixty (60) days after the respective expiration dates. If such medications and supplies are not returned to Authority within sixty (60) days after their respective expiration dates, or at the direction of the Medical Director, Contractor shall be charged for the replacement of such supplies. A fully comprehensive narcotic control system shall be provided by the Authority to include boxes, electronic locks, and web- based tracking software. Emergency Medical Services ALS First Responder Agreement Page 23

SECTION 505. EXTRAORDINARY MODIFICATIONS. Notwithstanding the provision of Section 401(b) hereof, Authority shall separately provide and fund any modifications to ALS First Responder Units or equipment which may be required by the Authority and which do not constitute routine maintenance, repair or replacement.

SECTION 506. BILLING. The Authority shall have sole responsibility for submitting claims for transports made by either the Authority or by Contractor.

SECTION 507. ECG EQUIPMENT AND MAINTENANCE. The Authority shall provide all electrocardiogram (ECG) monitoring/defibrillation equipment for Authority Funded and Contractor Funded Units including adequate spare equipment (up to 30% above the number of Units). Contractor agrees to continue using the Contractor’s current equipment on any Contractor Funded Units over its useful life which equipment will be maintained by the Authority and repaired or replaced at the Authority’s option. The Authority shall be responsible for replacing such equipment at the end of a reasonable useful life, as determined by the Authority. At the point that the equipment is replaced with new equipment, the Contractor will transfer ownership of the equipment being replaced to the Authority who will trade in the used equipment to reduce the cost of replacement. Contractor shall be responsible for any repairs that are necessary due to Contractor’s negligence.

SECTION 508. BIOHAZARD WASTE COLLECTION. The Authority shall provide or cause to be provided, the collection and disposal of all biohazard waste from ALS First Responder Stations on a periodic basis, no less than monthly. Contractor shall follow any procedures necessary for biohazard waste to be collected.

SECTION 509. PATIENT CARE REPORTING SYSTEM EQUIPMENT. Authority shall provide, as applicable, a ruggedized notebook or tablet computer for each Authority Funded and Contractor Funded Units including adequate spare equipment (up to 30% above the number of Units). The equipment shall be utilized on Authority Funded and Contractor Funded Units by the Contractor for the purpose of completing electronic patient care reports. Only Authority authorized software and peripherals may be utilized to ensure a highly reliable and coordinated system. Authority provided patient care reporting system equipment shall remain property of the Authority. Emergency Medical Services ALS First Responder Agreement Page 24

Contractor shall be responsible for such equipment, as provided for in Section 401(g) hereof. Authority shall be responsible for maintaining such equipment and replacing it at the end of a reasonable useful life, as determined by the Authority. Contractor agrees to continue using the Contractor’s current equipment on any Contractor Funded Units over its useful life which equipment will be maintained by the Authority and repaired or replaced at the Authority’s option. The Authority shall be responsible for replacing such equipment at the end of a reasonable useful life, as determined by the Authority. ARTICLE VI INSURANCE AND INDEMNIFICATION SECTION 601. MINIMUM INSURANCE REQUIREMENTS. Contractor shall be self-insured or shall pay for and maintain at least the following insurance coverage and limits as listed below. Insurance coverage and limits shall be evidenced by delivery to the Authority of: a certificate of insurance executed by the insurer(s) listing coverage and limits, expiration dates and terms of policies and all endorsements whether or not required by the Authority, and listing all carriers issuing said policies; and, a certified copy of each policy, including all endorsements. Where applicable, Contractor shall submit to Authority a letter from Contractor’s Risk Manager stating that Contractor is self-insured, or the amount of insurance per claim and per occurrence, any gap and the amount of excess insurance up to its coverage. Notwithstanding anything to the contrary contained in this Agreement, Contractor does not waive any immunity or limitation of liability it may have under the doctrine of sovereign immunity or Section 768.28 Florida Statutes. The following insurance requirements shall remain in effect throughout the term of this Agreement (unless Contractor is self-insured, in which case Contractor shall not be required to comply with the following insurance requirements): (a) Provide Workers’ compensation insurance as required by Florida Law. (b) Provide commercial general liability, employers’ liability and commercial vehicle liability insurance that reflects the limits of liability for governmental entities in accordance with Section 768.28(5), F.S., should the State Legislature change these limits, coverage consistent with the revised limits shall be obtained. (c) Professional Liability Insurance, including errors and omissions, with minimum limits of $1,000,000 per occurrence; if occurrence form is available; or claims made form with “tail coverage” extending three (3) years beyond the ending date of this Agreement. In lieu Emergency Medical Services ALS First Responder Agreement Page 25

of “tail coverage” the Contractor may submit annually to the Authority a current certificate of insurance proving claims made insurance remains in force throughout the same three (3) year period. This coverage is subject to statutory and regulatory requirements of Federal, State or local law. (d) Personal and/or Bodily Injury including death and property damage liability Insurance with minimum limits of $1,000,000 Combined Single Limit insurance in excess of all primary coverage.

SECTION 602. ADDITIONAL INSURANCE REQUIREMENTS. To the extent that Contractor maintains insurance policies rather than being self-insured, each insurance policy shall include the following conditions by endorsement to the policy: (a) Each policy shall require that forty-five (45) days prior to expiration, cancellation, non-renewal or any material change in coverage or limits, a notice thereof shall be given to Authority. Contractor shall also notify Authority within twenty-four (24) hours after receipt of any notices of expiration, cancellation, non-renewal or material changes in coverage received by said Contractor from its insurer. (b) Companies issuing the insurance policy, or policies, shall have no recourse against Authority or County for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of Contractor. (c) The Authority shall be endorsed to the required policy or policies as an additional insured, exclusive of professional liability insurance. The additional insured clause covers the actions of the Contractor while providing services under the terms of this Agreement. (d) The policy clause “Other Insurance” shall not apply to any insurance coverage currently held by the Authority or the County, to any such future coverage, or to County’s Self-Insured Retention of whatever nature.

SECTION 603. LIABILITY. Contractor and Authority agree to be fully responsible for their own acts of negligence or their respective agents’ acts of negligence when acting within the scope of their employment, and agree to be liable for any damages resulting from said negligence. Nothing herein is intended to serve as a waiver of sovereign immunity or the limits of liability contained in Section 768.28, Florida Statutes, by the Contractor, County or Authority. Nothing Emergency Medical Services ALS First Responder Agreement Page 26 herein shall be construed as consent by Contractor or Authority to be sued by third parties in any manner arising out of this Agreement. Contractor is not liable for the causes of action arising out of the negligence of the Authority, its employees or agents, or arising out of the negligence of any persons or entities contracted by, appointed by, or approved by the Authority to provide services related to this Agreement (including but not limited to other Contractors, the Ambulance Contractor, Medical Control Board and Medical Director). This Section 603 shall survive expiration or earlier termination of this Agreement. ARTICLE VII COMPENSATION AND OTHER FINANCIAL PROVISIONS SECTION 701. COMPENSATION. (a) FY 2017 – 2018. Authority and Contractor have agreed to an amount reflecting Contractor’s submitted budget for EMS services during Fiscal Year 2017 – 2018. The approved budget amounts for the Fiscal Year commencing October 1, 2017, shall be equal to that shown on Appendix A. (b) Budget Submissions for FY 2018 – 2019 through FY 2021 – 2022. Contractor shall submit a budget by April 1st each year for the following Fiscal Year for the Authority’s review and approval. Budgets shall be prepared in the same manner as the budget submitted for FY 2017-2018, so long as said budgets are less than a three (3) percent increase from the prior Fiscal Year, and the Authority shall pay Annual Compensation to Contractor for in accordance with said approved budgets. (c) Funding for Rescue Unit, Medic Unit and Staff Vehicle Replacement. Authority will provide funding for Authority funded rescue units, medic units and the proportionate share of EMS Coordinator staff vehicles. Fire engines and other fire apparatus are not subject to EMS vehicle replacement funding. Units will be replaced after at least five (5) years, but no more than seven (7) years, of frontline service. Contractor represents that its projected capital replacement needs are as shown in Appendix A. The Authority shall determine a standardized reimbursement amount for rescue units, medic units and staff vehicles each Fiscal Year based upon the then current market rate for such vehicles as stated in the EMS Authority’s annual budget and capped therein. The amounts for FY17-18 are rescue units ($200,000), medic units ($100,000), and staff vehicles ($50,000). Emergency Medical Services ALS First Responder Agreement Page 27

(d) Payment. Payments shall be paid monthly in arrears in (approximately) equal monthly installments. (e) Station/Overhead Allowable Costs. Contractor shall be reimbursed for up to 1.0% of the Fiscal Year’s approved budget in accordance with Resolution 14-65 for station and overhead costs. Such payment shall be made by the Authority to the Contractor after receipt of the audit attestation shown in Appendix D. (f) Extraordinary Budget Increase. If any proposed budget submitted by Contractor to the Authority for the following Fiscal Year should exceed three (3) percent of the prior Fiscal Year’s budget, Authority and Contractor agree to reopen this Section 701 to negotiate no later than May 1st of the then current Fiscal Year the Annual Compensation for the following Fiscal Year. For any Fiscal Year in which Section 701 is reopened to negotiate the Annual Compensation for the following Fiscal Year, if Authority and Contractor cannot reach agreement on the Annual Compensation by June 30th, this Agreement shall terminate on the last day of the then current Fiscal Year.

SECTION 702. CME AND PUBLIC EDUCATION REIMBURSEMENT. (a) Learning Management System. The Authority shall reimburse annually, in the first payment in each Fiscal Year, the Contractor's cost for the use of the Learning Management System for its students. Such reimbursement shall be fifty percent (50%) of the costs of use of the Learning Management System up to $50 per student per Fiscal Year (does not include payment for student training time). The reimbursement amount shall not exceed $125,000.00 in any fiscal year. (b) Reimbursement for CME Instructors. The Authority shall reimburse each Contractor for the actual cost of salary and benefits up to $60.00 per hour for overtime or backfill costs for the Contractor's CME Instructor hours that are actually performed and preapproved in writing, through the published master EMS training calendar by the Authority. Contractor may establish a rate of pay for CME Instructor which shall be subject to the $60.00 per hour cap. The Authority shall not reimburse Contractor for the personnel costs for students to attend Courses or CME Instructor hours that are not preapproved in writing. Contractor shall submit invoices to Authority utilizing Appendix E within twenty (20) days following the last day of each month. Contractor shall be reimbursed monthly in arrears. For each year during the term of this Agreement, the total compensation amounts shall be established through the Authority's budget Emergency Medical Services ALS First Responder Agreement Page 28 process, but in no event, shall the cumulative compensation to all Contractors for all payments under this provision, and payment for the analogous training provisions of the Ambulance Services Agreement, as amended, for any Fiscal Year exceed the amount budgeted by the Authority. The reimbursement amount shall not exceed $750,000.00 in any fiscal year. It is recognized by the Parties that no payment may be compelled or made without a budget amendment approved by the Authority for any compensation that exceeds the total compensation authorized through the Authority approved budget for CME training. It is further agreed and understood among the Parties that the Authority may not compel the Contractors to incur expenses beyond the Authority's approved budget amount until such time as a budget amendment raising such budget is approved. (c) Reimbursement for Public Education/Prevention/Community Paramedic Programs. The Authority shall reimburse each Contractor for the actual cost of salary and benefits up to $60.00 per hour for overtime or backfill costs for the Contractor's Public Educator/Community Paramedic hours that are actually performed and preapproved in writing, through the published master EMS public education/prevention/community paramedic calendar. by the Authority. Contractor may establish a rate of pay for Public Educator/Community Paramedic which shall be subject to the $60.00 per hour cap. The Authority shall not reimburse Contractor for the personnel costs for Public Educator/Community Paramedic hours that are not preapproved in writing. Contractor shall submit invoices to Authority utilizing Appendix E within twenty (20) days following the last day of each month. Contractor shall be reimbursed monthly in arrears. For each year during the term of this Agreement, the total compensation amounts shall be established through the Authority's budget process, but in no event, shall the cumulative compensation to all Contractors for all payments under this provision, and payment for the analogous training provisions of the Ambulance Services Agreement, as amended, for any Fiscal Year exceed the amount budgeted by the Authority. The reimbursement amount shall not exceed $100,000.00 in any fiscal year. It is recognized by the Parties that no payment may be compelled or made without a budget amendment approved by the Authority for any compensation that exceeds the total compensation authorized through the Authority approved budget for Public Education/Community Paramedic programs. It is further agreed and understood among the Parties that the Authority may not compel the Contractors to incur Emergency Medical Services ALS First Responder Agreement Page 29 expenses beyond the Authority's approved budget amount until such time as a budget amendment raising such budget is approved.

SECTION 703. DEDUCTION FOR FAILURE TO PROVIDE FIRST RESPONDER UNIT. In the event Contractor fails to provide an ALS First Responder Unit, or substitutes a BLS First Responder Unit instead of an ALS First Responder Unit, for an extended period (as described below) of time and without the advance approval of the Authority, the Authority may deduct an amount equal to the Contractor’s Unit Hour Compensation multiplied by each hour or portion thereof for each day or portion thereof that the Contractor has failed to provide an ALS First Responder Unit. Such deduction shall be made from the following monthly Annual Compensation payment. For purposes of this Agreement, an extended period of time means, with respect to mechanical problems and personnel, more than four (4) consecutive hours in any given day, and with respect to training, more than ten (10) hours in any given day; provided however that Section 703 shall not be applicable when the Executive Director has waived the provisions of Section 703, or when Contractor has failed to provide an ALS First Responder Unit or substitutes a BLS First Responder Unit during periods of Uncontrollable Circumstances.

SECTION 704. DEDUCTION FOR FAULTY DOCUMENTATION. (a) Faulty Documentation. In the event that the Contractor transports a Patient, in compliance with the then current Medical Operations Manual transport protocols, Contractor shall provide a billable Patient Care Report to the Authority within four (4) business days from the date of service.. The report shall include, at a minimum, the medical reason for Transport, the Patient’s condition, the Patient’s demographic information, , the Transport mileage, and all medical care rendered. Contractor’s Field Personnel shall obtain the Patient’s signature and any other signatures necessary to process a bill.

SECTION 705. ADJUSTMENT FOR EXTRAORDINARY COST INCREASES. Contractor may apply for and receive prospective compensation adjustments to the Annual Compensation as necessary to offset documented increases in Contractor’s cost of production directly resulting from increases in the prices paid by Contractor for fuel due to Unforeseen Circumstances and subject to the following stipulations: Emergency Medical Services ALS First Responder Agreement Page 30

(a) Contractor must document, using generally accepted accounting procedures, the actual financial impact of the increased fuel prices upon Contractor’s costs of production. (b) Only the effects of increased direct fuel prices-excluding any effects of increased fuel consumption, overhead allocations and indirect costs-shall be considered.

SECTION 706. FUNDS TO BE USED SOLELY FOR EMS FIRST RESPONSE. Contractor recognizes that monies received hereunder are derived from the EMS Mill and that the EMS Mill, pursuant to referendum, has been dedicated solely to the provision of Emergency Medical Services. Contractor, therefore, agrees that funding provided under this Agreement will be used strictly for the provision of the services described herein. Contractor shall have an Annual External Audit conducted by a Certified Public Accounting firm to verify the Authority funded EMS income, Authority funded EMS expenditures, and Authority funded EMS reserves. The Annual External Audit shall include the “EMS Financial Information Attestation Form” prepared by the Contractor and signed by the Contractor’s auditor. The required “EMS Financial Information Attestation Form” is attached as Appendix G. Contractor shall provide to Authority the audited financial statement that includes the “EMS Financial Information Attestation Form” within ten (10) business days of Contractor’s receipt of the Annual External Audit. The cost of the Annual External Audit will be expended from Contractor’s EMS funds.

SECTION 707. FUTURE/ADDITIONAL SERVICES. Contractor and Authority understand that, in the future, health care delivery and Emergency Medical Services may evolve to include pathway management, an expanded scope of practice, primary care services or other activities where EMS resources provided under this Agreement may be used. Contractor and Authority shall discuss the manner in which such additional services shall be effected, evaluate the relationship of such services; and determine the impact of such services on the EMS system. Contractor’s obligations shall be limited to those specifically set forth in this Agreement. Contractor shall not be responsible for providing any additional services unless Contractor agrees in writing to provide such additional services. Emergency Medical Services ALS First Responder Agreement Page 31

SECTION 708. ADDITIONAL UNITS. (a) Authority Funded. During the term of the Agreement, the Authority may determine that additional Authority Funded Unit(s) are needed. Additionally, Contractor may request that consideration be given for approval of an additional Authority Funded Unit. If the Authority determines that additional Authority Funded Unit(s) are needed from Contractor, then Authority and Contractor shall negotiate a mutually-agreeable compensation for such additional Authority Funded Unit(s). In those instances where the Contractor requests Authority to approve additional Authority Funded Unit(s), the Authority shall meet with the Contractor to determine the need for the requested Authority Funded Unit(s). If approved, the Authority will negotiate a mutually- agreeable compensation for such additional Authority Funded Unit, Units or Unit Hours. Compensation for such additional Authority Funded Unit(s), or Unit Hours, shall begin upon approval by the Authority. (b) Contractor-Funded. Contractor and Authority understand that the EMS System is a unified, integrated system requiring the cooperation of all providers in the EMS System. To insure coordinated implementation of any improvements to the EMS System and to insure the integrity of the EMS System, if Contractor desires to operate additional ALS First Responder Unit(s) as a Contractor Funded Unit, Contractor will obtain approval from the Authority in writing prior to operating the Contractor Funded Unit. Contractor may elect to cease operation of a Contractor Funded Unit at its sole discretion. Contractor is responsible for all costs associated with staffing and operating such Contractor Funded Units. The Authority shall provide Medical Control and medical equipment and supplies for authorized Contractor Funded Units.

SECTION 709. AUDITS AND INSPECTIONS. At any time during normal business hours, and as often as may reasonably be deemed necessary, representatives of the Authority or Medical Director may observe Contractor’s operations. Contractor shall make available to Authority for its examination, its records with respect to all matters covered by this Agreement, and Authority may audit, examine, copy, and make excerpts or transcripts from such records, and may make audits of all contract, invoices, materials, payrolls, inventory records, records of personnel, daily logs, conditions of employment, and other data related to all matters covered by this Agreement to the extent permitted by law. Emergency Medical Services ALS First Responder Agreement Page 32

Contractor shall make available to the Medical Director its records with respect to all clinical matters covered by this Agreement and the Medical Director may audit, examine, copy and make excerpts or transcripts from such records and inspections to the extent permitted by law. The Authority’s right to observe and inspect operations or records in Contractor’s business office shall, however, be restricted to normal business hours, and reasonable notification shall be given the Contractor in advance of any such visit. Records relating to contract activities shall be retained for three (3) years from final payment in each year. All representatives of the Authority, Medical Control Board and Medical Director who observe Contractor’s operations or audit or examine Contractor’s records shall conduct themselves in a polite manner; complete any training required by law; and not interfere with Contractor’s employees’ duties. Audits and inspections shall be done to the extent permitted by law.

SECTION 710. FISCAL NON-FUNDING. In the event sufficient budgeted funds are not available for a new Fiscal Year, the Authority shall timely notify Contractor of such occurrence prior to the end of the current Fiscal Year and this Agreement shall terminate on the last day of current Fiscal Year. ARTICLE VIII TERM AND TERMINATION SECTION 801. TERM. The initial term of this Agreement shall be for two (2) years, commencing October 1, 2017 and ending at midnight September 30, 2019, unless this Agreement is earlier terminated as provided for herein in this Agreement. This Agreement may be extended for three (3) additional one (1) year periods following the initial term, provided that the Parties mutually agree in writing to such extension which is subject to Authority and Contractor approval prior to July 1st of each extension year. References in this Agreement to “Term” shall include the initial term of this Agreement and all extensions thereof.

SECTION 802. TERMINATION. (a) By Authority for Cause. This Agreement may be terminated by the Authority for cause upon twenty (20) days written notice to Contractor. For purposes of this section 802(a), Emergency Medical Services ALS First Responder Agreement Page 33

“cause” shall mean (1) the event that Contractor, for any reason, fails to meet the licensing requirements in the State of Florida pursuant to the provisions of Chapter 401, Florida Statutes, or (2) a material breach by Contractor of any term, covenant or warranty contained in this Agreement; provided, however, that in the case of a breach of any term, covenant or warranty, the Authority shall provide written notice of such breach and Contractor shall have the opportunity to cure such breach within twenty (20) days of receipt of such notice or within such additional period of time mutually agreed upon by the Parties. (b) By Contractor for Cause. This Agreement may be terminated by Contractor for cause upon twenty (20) days written notice to the Authority. For purposes of this section 802(b), “cause” shall mean a material breach by the Authority of any term, covenant or warranty contained in this Agreement; provided, however, that in the case of a breach of any term, covenant or warranty, Contractor shall provide written notice of such breach and the Authority shall have the opportunity to cure such breach within twenty (20) days of receipt of such notice, or, within such additional period of time mutually agreed upon by the Parties. (c) By Authority or Contractor without Cause. This Agreement may be terminated without cause by Contractor or the Authority upon six (6) months written notice to the other Party. (d) Provision of Emergency Medical Services upon Termination. In the event of termination of this Agreement by either Contractor or the Authority, Contractor shall continue to participate in the EMS System and Emergency Medical Services shall be provided in Contractor’s EMS District in accordance with the Special Act and EMS Ordinance, and the Authority shall compensate Contractor in accordance with the Special Act.

SECTION 803. RESOLUTION OF DISPUTES. To the extent that Contractor and Authority cannot, after good faith attempts, resolve any controversy or dispute that may have arisen under this Agreement, except for any dispute concerning the Annual Compensation or §701, Contractor and Authority shall appoint an ad-hoc committee consisting of one mutually agreed upon representative from the Medical Control Board, the EMS Advisory Council, and the Pinellas County Fire Chiefs Association to facilitate a timely and effective resolution. The ad-hoc committee shall meet as often as necessary under the circumstances in an attempt to resolve the controversy or dispute. The committee shall review each Party’s submittal of its interpretation of the Agreement and may request additional information as necessary. The committee shall Emergency Medical Services ALS First Responder Agreement Page 34 complete its review within sixty (60) days of the date that the Committee is notified of the controversy or dispute (unless the Parties mutually agree to extend this period of time) and submit any recommendation to the Pinellas County Administrator and Contractor. All recommendations and other actions of the committee shall be non-binding. After the committee has submitted its recommendation to the Pinellas County Administrator and Contractor, either Party may thereafter refer the matter to non-binding mediation in the State of Florida. If the Parties do not agree upon representatives for the committee, if either Party chooses not to engage in mediation or if the Parties engage in mediation but mediation fails to resolve the dispute, either Party may pursue its legal remedies, including the Chapter 164 process, and, including, but not limited to, filing a complaint (including but not limited to a complaint for injunctive relief) in the appropriate court possessing competent jurisdiction. ARTICLE IX MISCELLANEOUS SECTION 901. NON-DISCRIMINATION IN EMPLOYMENT. The Contractor will not discriminate against any applicant for employment because of age, race, color, religion, sex, sexual orientation or national origin. Contractor agrees that applicants will be employed, and that employees are treated during employment, (e.g. layoff or termination, promotion, demotion, transfer, rates of pay and compensation, and selection for training, including apprenticeship), without regard to age, race, color, religion, sex, sexual orientation or national origin. The Contractor will post in conspicuous places, available to all employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

SECTION 902. NOTICES. All notices, consents and agreements required or permitted by this Agreement shall be in writing, and, as applicable, shall be transmitted by registered or certified mail, return receipt requested, with notice deemed to be given upon receipt; postage prepaid, and shall be addressed as follows: If to Authority: Executive Director, Pinellas County EMS Authority Pinellas County Emergency Medical Services 12490 Ulmerton Road – Suite 134 Largo, Florida 33774 If to Contractor: See Appendix B Emergency Medical Services ALS First Responder Agreement Page 35

SECTION 903. ENTIRE AND COMPLETE AGREEMENT. Subject to Section 912, this Agreement, as amended, and all Appendices hereto, constitute the entire and complete agreement of the Parties with respect to the services to be provided hereunder. This Agreement, unless provided herein to the contrary, may be modified only by written agreement duly executed by the Parties with the same formality as this Agreement. SECTION 904. OTHER DOCUMENTS. Each Party agrees to execute and deliver any instruments and to perform any acts that may be necessary or reasonably requested in order to give full effect to this Agreement.

SECTION 905. APPLICABLE LAW. Florida Law shall govern the validity, interpretation, construction and performance of this Agreement.

SECTION 906. WAIVER. Unless otherwise specifically provided by the terms of this Agreement, no delay or failure to exercise a right resulting from any breach of this Agreement shall impair such right or shall be construed to be a waiver thereof, but such may be exercised from time to time and as often as may be deemed necessary. Any waiver shall be in writing and signed by the Party granting such waiver. If any representation, warranty or covenant contained in this Agreement is breached by either Party and thereafter waived by the other Party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other breach under this Agreement.

SECTION 907. SEVERABILITY. In the event that any provision of this Agreement shall, for any reason, be determined to be invalid, illegal, or unenforceable in any respect, the Parties hereto shall negotiate in good faith and agree to such amendments, modifications, or supplements of or to this Agreement or such other appropriate actions as shall, to the maximum extent practicable in light of such determination, implement and give effect to the intentions of the Parties as reflected herein.

SECTION 908. CONTRACTOR IS INDEPENDENT CONTRACTOR. The Parties agree that throughout the term of this Agreement, and during the performance of any obligations hereunder, Contractor is an independent contractor in all respects and shall not be the agent, servant, officer, or employee of the Authority or Pinellas County. Emergency Medical Services ALS First Responder Agreement Page 36

SECTION 909. NO THIRD-PARTY BENEFICIARIES; ASSIGNMENT. This Agreement is not intended, nor shall it be construed, to inure to the benefit of any third person or entity not a party hereto, and no right, duty or obligation of the Contractor under this Agreement, shall be assigned to any person, private association or corporation, not-for-profit corporation, or public body without the prior written consent of the Authority.

SECTION 910. HEADINGS. Captions and headings in this Agreement are for ease of reference and do not constitute a part of this Agreement.

SECTION 911. COUNTERPARTS. This Agreement may be executed in more than one counterpart, each of which shall be deemed an original.

SECTION 912. NO WAIVER OF RIGHTS UNDER SPECIAL ACT. This Agreement, and specifically its provisions related to the Annual Compensation, is being entered into to resolve a dispute between the parties regarding the determination of the Annual Compensation to be paid to Contractor by the Authority. Authority and Contractor have worked together in good faith to reduce spending under the EMS Mill based upon the extraordinary economic times facing local governments at present. Notwithstanding anything to the contrary contained in this Agreement, it is the intent of Contractor and Authority that any actions or determinations taken in order to reach agreement herein not be seen as a waiver of any rights, claims or defenses that either the Contractor, or the Authority may have under the Special Act. Furthermore, Contractor does not necessarily agree that the Annual Compensation provided under this Agreement constitutes reasonable and customary cost reimbursement by the Authority as required by the Special Act, and, by entering into this Agreement does not waive any rights, claims or defenses that Contractor may have with regard to the determination of reasonable and customary costs in any year not governed by this Agreement. Therefore, the Annual Compensation paid to the Contractor pursuant to this Agreement shall not be used as evidence in any dispute regarding the reasonable and customary costs to be reimbursed by the Authority to the Contractor. Emergency Medical Services ALS First Responder Agreement Page 37

IN WITNESS WHEREOF the parties hereto, by and through their undersigned authorized officers have caused this Agreement to be executed on this day of , 2017.

ATTEST: PINELLAS COUNTY EMERGENCY KENNETH BURKE, CLERK MEDICAL SERVICES AUTHORITY By and through its Board of County Commissioners

by: by: Deputy Clerk Chairman

Countersigned: CITY OF GULFPORT, FLORIDA

by: _ City Manager

Approved as to Form: Attest:

by:______by:______City Attorney City Clerk Emergency Medical Services ALS First Responder Agreement Page 38

Appendix A ALS First Responder Profile

Contractor Gulfport EMS District(s) Gulfport EMS District Authority Funded Units Engine 17

Contractor Funded Units None

EMS Coordination EMS Coordinator – ½ FTE

FY17-18 Annual Compensation $480,599

Projected Capital FY17-18 None FY18-19 None FY19-20 None FY20-21 None FY21-22 None Emergency Medical Services ALS First Responder Agreement Page 39

Appendix B First Responder Contractors

City Manager City Manager CITY OF CLEARWATER CITY OF PINELLAS PARK 112 S. Osceola Avenue P O Box 1100 Clearwater, FL 33756 Pinellas Park, FL 33780-1100

City Manager Chairman, Board of Fire Commissioners CITY OF DUNEDIN PINELLAS SUNCOAST P O Box 1348 FIRE & RESCUE DISTRICT Dunedin, FL 34697 304 First Street Indian Rocks Beach, FL 33785 Chairman, Board of Commissioners EAST LAKE TARPON City Manager SPECIAL FIRE CONTROL DISTRICT CITY OF SAFETY HARBOR 3375 Tarpon Lake Boulevard 750 Main Street Palm Harbor, FL 34685 Safety Harbor, FL 34695-3597

City Manager City Manager CITY OF GULFPORT CITY OF ST. PETE BEACH 2401 53rd Street South 155 Corey Avenue Gulfport, FL 33707 St. Pete Beach, FL 33706-1701

City Manager City Manager CITY OF LARGO CITY OF SEMINOLE P O Box 296 9199 113th Street North Largo, FL 33779-0296 Seminole, FL 33772-2806

Chairman, Board of Commissioners City Clerk LEALMAN CITY OF SOUTH PASADENA SPECIAL FIRE CONTROL DISTRICT 7047 Sunset Drive South 4360 55th Avenue North South Pasadena, FL 33707-2895 St. Petersburg, FL 33714 City Manager City Manager CITY OF TARPON SPRINGS CITY OF MADEIRA BEACH 324 Pine Street East 300 Municipal Drive Tarpon Springs, FL 34689 Madeira Beach, FL 33708 City Manager City Manager CITY OF TREASURE ISLAND CITY OF OLDSMAR 120 108th Avenue 100 State Street West Treasure Island, FL 33706-4794 Oldsmar, FL 34677-3655

Chairman, Board of Commissioners PALM HARBOR SPECIAL FIRE CONTROL DISTRICT 250 W. Lake Road Palm Harbor, FL 34684 Emergency Medical Services ALS First Responder Agreement Page 40

Appendix C EMS Equipment

Provided by the Authority:

- All Medical Supplies and Equipment authorized by the Authority, except for equipment to be provided by Contractor listed below.

- Phillips MRx ECG Monitor/Defibrillator with the following clinical specifications: biphasic defibrillation, Q-CPR meter, pulse oximetry, waveform capnography, pacing, 12 lead acquisition and transmission, and non-invasive blood pressure monitoring as determined by the Medical Control Board and Authority for all Authority Funded ALS First Responder Units to include all patient cables, accessories, cases, battery chargers and batteries as needed.

- Phillips MRx ECG Monitor/Defibrillators in the same configuration above shall be utilized for reserve and spare equipment. The specific quantity shall be determined by the Authority.

Provided By Contractor:

- Rescue equipment required by the Department Emergency Medical Services ALS First Responder Agreement Page 41

APPENDIX D

Pinellas County ALS First Responder Agreement

EMS FINANCIAL INFORMATION ATTESTATION FORM

Instructions:

In accordance with the ALS First Responder Agreement, funds provided by the EMS Authority must be used solely for EMS Allowable Costs. Any unspent balance at the conclusion of a fiscal year must be accounted for and returned to the EMS Authority. The following form is provided for consistent cost reporting and shall be submitted within ten (10) business days of Contractor’s receipt of Annual External Audit.

To be Completed by Contractor: City or Fire District (Contractor) ______Fiscal Year ______Name of Person Completing Form ______Phone Number and Email Address ______

1. EMS Funding Received by Contractor $______2. EMS Allowable Costs Incurred by Contractor $______3. Difference (If excess, amount due to Pinellas County) $______

PLEASE INCLUDE A COPY OF ANNUAL AUDIT AND SUPPORTING DOCUMENTATION AS NEEDED.

I certify the costs identified, in line 2 above, are related to EMS Authorized positions and units and comply with the EMS Allowable Cost Standards contained in Pinellas County EMS Resolution 09-38. I certify that I have reviewed payroll registers, salary and benefit actual expenditures, actual relief staffing costs incurred to maintain continuous staffing of Authority authorized positions, and actual costs of supervision, fuel, maintenance and repairs and other allowable costs.

______

Signature and Date, Contractor’s External Auditor INSTRUCTOR REIMBURSEMENT FORM

Agency CME Instructor Name

Straight Time (ST) Hours Start Stop PCEMS Authorized Overtime (OT) Worked Hourly Rate Course Name (a) Date Time Time Location Class Code (b) Backfill (BF) Backfill Name (c) (d) w/ benefits Total Cost 1 $ - Instructor Instructor 2 $ - 3 $ - 4 $ - 5 $ - Appendix 6 $ - Reimbursemen 7 $ - 8 $ - 9 $ - $ - 10 E 11 $ - 12 $ - 13 $ - Form t 14 $ - 15 $ - TOTAL Reimbursement Amount: $ -

Print Name & Title Submitted By - Authorized Signature Date

Notes: (a) One Instructor per form (b) Course Name (i.e. January CME, Public Education Class, EMS System Orientation, PHTLS, ACLS, TCCC, etc.) (c) For reimbursement the class must be preauthorized by PCEMS through the issuance of an Authorized Class Code. (d) First Name, Last Name of person covering - must be same rank or below. (e) Actual Hours Worked - Up to 60 minutes for preparation/setup, breakdown, paperwork and travel for each Class.

07-11-17 C.Hare CITY OF GULFPORT CITY COUNCIL AGENDA MEMORANDUM

FROM: Don Sopak, Public Works Director AGENDA ITEM: 8-c

DATE: September 5, 2017 RESOLUTION NO: 2017-78

SUBJECT: Disaster Debris Collection and Removal Services

RECOMMENDATION: Staff is requesting City Council authorize the City Manager to execute Participant Agreements with DRC Emergency Services LLC, Ceres Environmental Services, Inc., and D&J Enterprises, Inc. for Debris Collection and Removal Services as part of Pinellas County’s Cooperative Contract RFP No. 156-0491-P (JA).

BACKGROUND:

Natural disasters such as severe storms, hurricanes, floods, or tornadoes, and man-made disasters such as hazardous or toxic waste spills, often generate a situation where clean up and recovery activities are beyond the capabilities of existing City of Gulfport staff and mutual aid assistance. Hurricanes and tornadoes can generate thousands of tons of debris and severely impact the City's ability to provide normal public services. To ensure that the residents of the City of Gulfport have their quality of life restored as quickly as possible, staff recommends the City of Gulfport award a debris management agreement for the collection, sorting, temporary storage, trucking, and ultimate disposal of disaster generated debris.

ANALYSIS:

Based on provisions in the current Pinellas County Disaster Debris Collection and Removal RFP #156-0491-P (JA), staff is seeking to utilize the following firms for the City’s needs.

The selected primary contractor, DRC Emergency Services, LLC has more than 28 years of documented disaster response experience, and has successfully managed more than 150 FEMA reimbursed debris collection and disposal projects throughout the United States, that are similar in scope and services to this contract.

The selected secondary contractor, Ceres Environmental Services, Inc. has more than 30 years of documented disaster response experience and has successfully managed more than 100 Federal Emergency Management Agency (FEMA) reimbursed debris collection and disposal projects throughout the United States, that are similar in scope and services to this contract. The selected secondary contractor, D&J Enterprises, Inc. has more than 45 years of documented disaster response experience, and has successfully managed more than 200 Federal Emergency Management Agency (FEMA) reimbursed debris collection and disposal projects throughout the United States and Puerto Rico, that are similar in scope and services to this contract.

This contract is good until December 31, 2022, or termination of the Agreement, whichever comes first.

FINANCIAL IMPACT:

The total cost of disaster recovery activities cannot be determined in advance. Costs would be incurred in the event the City Manager, after reviewing the recommendations from the City of Gulfport disaster management staff, formally requests the firm to provide disaster recovery services. The City of Gulfport would then be responsible to pay the costs incurred in response to the disaster. This would normally not occur until there has been a disaster declaration by both State and Federal governments. Depending on the severity of the debris generating event, expenses may be reimbursable through FEMA.

MOTION:

I move to approve/deny this resolution, which authorizes the City Manager to execute agreements with, DRC Emergency Services LLC, Ceres Environmental Services Inc., and D&J Enterprises, Inc. for debris collection and removal services. RESOLUTION NO. 2017-78

A RESOLUTION OF THE CITY OF GULFPORT, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO PARTICIPANT AGREEMENTS FOR DISASTER DEBRIS COLLECTION AND REMOVAL SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, Natural disasters such as severe storms, hurricanes, floods, or tornadoes, and man- made disasters such as hazardous or toxic waste spills, often generate a situation where clean up and recovery activities are beyond the capabilities of existing City of Gulfport staff and mutual aid assistance; and

WHEREAS, Hurricanes and tornadoes can generate thousands of tons of debris and severely impact the City's ability to provide normal public services; and

WHEREAS, To ensure that the residents of the City of Gulfport have their quality of life restored as quickly as possible, staff recommends the City of Gulfport award debris collection and removal service agreements for the collection, sorting, temporary storage, trucking, and ultimate disposal of disaster generated debris.

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 Participant Agreements with DRC Emergency Services LLC, Ceres Environmental Services, Inc., and D & J Enterprises, Inc. for Debris Collection and Removal Services as part of Pinellas County’s Cooperative Contract RFP No. 156-0491-P (JA).

Section 2. The Agreements are for a period through December 31, 2022, or termination whichever should come first.

Section 3. This resolution shall become effective upon its adoption.

PASSED AND ADOPTED this 5th day of September, 2017 by the Council of the City of Gulfport, Florida.

Samuel Henderson, Mayor

ATTEST: ______Lesley DeMuth, City Clerk Gulfport Mooring. Field- Marina Expansion , Project Statement

I. Introduction

The City of Gulfport is seeking funding from the Boating Infrastructure Grant Program (BigP) for the construction of a mooring field on Boca Ciega Bay, which will expand the capacity of the Gulfport Municipal Marina. The new facility will add 25 mooring buoys, of which 22 will be reserved for transient use. The moorings will accommodate sailboats up to 60 feet long, and meet or exceed all applicable state and county standards for boater safety and water quality. The Florida Department of Environmental Protection has approved a permit for the project, and a permit from the Army Corps of Engineering is anticipated to be approved in the coming months.

The proposed project will address the issue of unregulated anchoring in Boca Ciega Bay, which is associated with damage to sea grass colonies due from dragging anchors, degradation of water quality du~ to improper trash and sewage disposal, and increased incidence of derelict vessels. Construction of the mooring field will address these issues by providing boaters with a safe and environmentally sound alternative to free anchoring, while allowing the City to require user registration and prohibit unsafe or environmentally damaging boating activities. It will meet a need for new transient boating facilities in Gulfport, in which existing slips are frequently filled to capacity during weekends and special events. The project will also leverage the City's investment in its new marina facility, which is in the process of being significantly upgraded and expanded. ·

Figure 1 shows the location and design of the proposed project, in the context of the existing marina. (Please note: Larger versions of all maps are included under the Maps & Drawings portion of this application package.) Figure 2 shows the current conditions of unregulated anchoring in the proposed project area, where approximately twelve to sixteen vessels are typically observed anchored each day.

Figure 1 Proposed Project in Context of Existing Site

29th fwe S

Gulfpon Ca~ino Ballroom \luninpal \Iariua \\ illiaau Fishing (location of upland support facilitic•s) Pitt

(

Source: City of Gulfport, 2013

Project Statement Pagel Gulfport Mooring Field - Marina Expansion

Figure 2 Unregulated Anchoring in Proposed Project Area

Source: Pinellas Planning Council, 2012

The proposed project site is located approximately three-quarters of a mile from the existing Municipal Marina. Boaters using the mooring field will need to check in at the marina prior to ( mooring. The marina offers a number of services including fuel (gas and diesel), 30-50 amp individual pump~outs, garbage disposal, restrooms, showers, electric, and telephone and internet access, as well as a ship's store that sells marine supplies, fishing bait and tackle, food, beverages, and ice. The Marina is a certified "Clean Marina" as recognized by the Florida Department of Environmental Protection. Dinghy docking for moored vessels is available at the marina or at the Gulfport Casino Dock, j·ust north of the proposed project site. Both facilities are shown in Figure 3.

Figure 3 Gulfport Municipal Marina (Left) and Gulfport Casino Dock (Right)

Source: City of Gulfport, 2013; Pinellas Planning Council, 2012 (

Project Statement Page2 Gulfport Mooring Field - Marina Expansion

• Figure 4 The marina is in the process Planned Marina Enhancements of being significantly upgraded and expanded. A new ship's store will support the mooring field and other future expansions of the marina facilities, adding a boaters' lounge, laundry facilities, computer room, and additional restrooms. Funding for this expansion has been allocated in the City's Fiscal Year 2014 budget, as shown in Exhibit N of this application Source: City of Gulfport, 2013 package.

The proposed project is in an unusually amenity-rich location, just offshore of the City's Beach Waterfront Complex, which includes a beach access park with playground, volleyball court, and event pavilion; an upland park with veterans' memorial and picnic area; a municipal recreation center with playground, gymnasium, basketball court, baseball field, jogging/walking path, and skate park; a fishing pier; and the Gulfport Casino, a historic 1935 dancehall that serves as a popular location for weddings, parties, fundraisers, and banquets. (Please note that the Casino is not a gambling establishment.) Photos of some of these amenities are shown in Figure 5.

Figure 5 ( Beach Waterfront Complex, Adjacent to Proposed Project Site

Veteran's Memorial Park

Bert and Walter Williams Fishing Pier Gulfport Casino ( Source: City of Gulfport, 2012; Gulfport Merchants'Association, 2012

Project Statement Page3 Gulfport Mooring Field - Marina Expansion

In addition to the Beach Waterfront Complex, the proposed project is located within convenient ( walking distance of the surrounding Waterfront District, which contains additional recreational amenities such as a theater, senior center and public library; and approximately two dozen locally-owned restaurants and retail establishments that comprise the City's central business district. The pedestrian-friendly district also hosts the Tuesday Fresh Market, a year-round weekly open-air market that features more than forty vendors. Example photos of the Waterfront District are shown in Figure 6.

Figure 6 Waterfront District, within a Half Mile of Proposed Project Site

..,_., .. (

(

Project Statement Page4 Gulfport Mooring Field - Marina Expansion

As shown in Figure 7, the pedestrian-friendly Waterfront District is approximately one-half mile ( from the existing marina, and directly adjacent to the Gulfport Casino dinghy dock. Providing boaters with convenient access to restaurants, retail, and shoreline entertainment meets a need identified by the Florida Fish and Wildlife Conservation Commission in a recent comprehensive study of recreational boating, as described in the following section.

Figure 7 Attractions and Amenities within the Project Site Vicinity

• Theater ( D Municipal Marina D Proposed Mooring Field Gulfport Fishing Pier ...I Gulfport Casino Dock

Source: Google Earth, 2012; Pinellas Planning Council 2013

In addition to providing a unique amenity for recreational boaters, the proposed project will serve as an economic catalyst for revitalization in Gulfport. For a small city which is primarily served by local merchants, the revenue generated by new recreational boat trips will act as an important source of revenue for these businesses. The project will also help implement the City's innovative planning efforts for its waterfront, including the adopted Gulfport Waterfront Area Redevelopment Plan, Gulfport Comprehensive Harbor Management Plan, and City of Gulfport Comprehensive Plan. These planning efforts are discussed further in the Ranking Criteria section of the application.

II. Need for Project

The need for a mooring field to address the negative impacts of unregulated anchoring in the proposed project area is well-documented. Boca Ciega Bay is an estuary, a complex and highly variable environment that serves as spawning grounds for numerous species of marine life, the various vegetative communities (especially sea grasses) that surround them, and an abundance of microorganisms t hat are vital components to a productive ecosystem. The waterbody is designated by the State of Florida as an "Outstanding Florida Water," and its waters are ( exchanged tidally with Tampa Bay and the Gulf of Mexico. However, the quality of the water and the health of its sea grass communities in the project area have suffered in recent years.

Project Statement Page s Gulfport Mooring Field - Marina Expansion

In 2005, the City commissioned biological and water quality surveys in the project area (included as Exhibit 0) as part of its Harbor Management Plan. The biological survey found that sea grasses, already stressed by runoff from developed coastal land, were being further degraded by sediment disturbances from anchoring, propeller dredging, and multiple derelict vessels. Construction of a mooring field was strongly recommended as a "sound, ecologically based decision."1 The water quality survey also found elevated levels of coliform bacteria that were primarily attributed to unauthorized sewage disposal, and likewise recommended "implementation of controlled moorings and sewage pump-outs" such as those in the proposed project.' Follow-up biological surveys in 2006 and 2007, conducted as part of the Pinellas County permitting process (Exhibit M), found similarly degraded environmental conditions.

The need for new recreational boating facilities in Pinellas County is similarly well-documented. With more than 48,000 registered vessels, Pinellas has the second-largest number of any county in Florida.3 However, in recent years, economic pressure to redevelop waterfront land uses into residential condominiums has led to the elimination of many publicly-accessible marinas and docks. In 2005, the number of wet slips decreased from 5,223 to 4,882 - a loss of 341 slips in a single year.4 To address these issues, in 2005, Pinellas County convened an intergovernmental Boating Access Task Force, which included active participation from City of Gulfport staff. The task force recommended that the county and its municipal partners work together to "identify innovative and effective strategies for sustaining and enhancing public boating access to Pinellas County waters." 5

The proposed project will also serve documented recreational boating needs of the larger Tampa Bay region, identified in a 2004 study entitled A Recreational Boating Characterization for Tampa and Sarasota Bays, a comprehensive study of boating activities and needs commissioned by the Florida Fish and Wildlife Conservation Commission (FWC). The study, which surveyed nearly 2,000 boaters, found that there is significant regional demand for docks that provide convenient access to local restaurants and entertainment uses:

• When respondents were asked to identify various recreational activities they engaged in while boating, 39.1% chose "visiting restaurants."

• The survey asked, "What detracts most from your boating experiences in the Tampa or Sarasota Bay areas?" Among respondents who indicated that a lack of boating infrastructure was the primary detractor, 18.2% chose "lack of restaurants (docking and moorage)" as the most important issue.

• The survey also asked, "What is needed most to improve your recreational boating experiences in the Tampa or Sarasota Bay areas?" Among respondents who indicated that boating infrastructure was the primary need, 9.9% chose "more dockage (slips, moorings, anchorages)" generally as the most important issue, while 6.8% chose "more restaurants with docks." ·

• Overall, the study rated "public dockage (restaurants)" ninth on its list of top ten boating related needs for Tampa Bay/Sarasota Bay region.

1 Biological Survey for Proposed Mooring Aelds, ML Consulting of Central Florida, 2005. ' Gulfport Moorings Water Quality Project, Value Environmental Services, Inc., 2005. 3 Alphabetical VesselStatistics by County, Florida Department of Highway Safety and Motor Vehicles, 2011. 4 Final Report and Recommendations. Pinellas County Boating Access Task Force, October 2005. 5 Ibid.

Project Statement Page6 Gulfport Mooring Field - Marina Expansion

The Gulfport Waterfront district offers abundant restaurants, shops, and shoreline entertainment in a pedestrian-friendly context, and some boating access is available, providing the exact type of experience desired by regional boaters in the study. However, the available facilities are inadequate to meet demand. The Gulfport Municipal Marina has only seven transient slips. An existing dock at the Gulfport Casino also contains transient slips, but only five can currently accommodate boats measuring Figure 8 longer than 26 feet. Together, the slips at Recreational Boating Travel these two facilities are frequently filled to Corridors and Destinations capacity during weekends and special events. While the Casino Dock is in the process of being permitted for upgrading with five additional slips, this increase will be modest relative to demand.

The FWC study also identified recreational travel corridors and destinations in the region's waterways. As shown in Figure 8, Boca Ciega Bay is well-traveled by boaters, but is considered a thoroughfare rather than a destination for a majority of survey respondents. The high level of observed local demand, coupled with the low profile of the Waterfront District in the regional survey, demonstrate that a deficit of boating facilities is preventing Gulfport from meeting its ( potential as a regional boating destination.

Therefore, by creating new transient boating facilities adjacent to the Waterfront District, the Gulfport Mooring Field will help meet needs identified by both the Pinellas County Boating Access Task Force and the Florida Fish and Wildlife Conservation Commission. It will also 8BES3 provide a significant economic benefit to the Source: FWc; 2004 local community, as described below.

III. Objectives

Following is the anticipated schedule fo~ the various project objectives:

Project Objectives Timeframe Engineering & design·(completed) August 2012 Obtain permits (completed) June 2013 Apply for BigP grant funding September 2013 Complete final construction drawings and bid documents April 2013 Competitively bid project and award construction contract June - August 2014 Construct mooring field August - October 2014 (

Project Statement Page7 Gulfport Mooring Field - Marina Expansion

IV. Expected Results/Benefit

As an expansion of the existing Municipal Marina, the proposed project will create a superior facility for transient boaters. In addition to the amenities of the marina itself (restrooms, showers, garbage disposal, electric, telephone, internet access, fuel, pump-outs, and supplies), the adjacent Waterfront District offers restaurants, shops, a weekly open-air market, and frequent special events, meeting identified needs of the recreational boating community.

The advantages of the proposed project will not be limited to boaters, as local businesses will benefit from the revenue brought in by an additional customer base. The economic impact of recreational boaters on Florida communities is considerable. In 2009, the Florida Fish and Wildlife Conservation Commission (FWC) published a study entitled Florida Boating Access Facilities Inventory and Economic Study which estimated that, statewide, nearly 22 million recreation boating trips generate nearly $3.4 billion in direct spending for gas, food, lodging, bait, and other goods and services each year, and support more than 38,000 jobs.

The FWC also created a Florida Online Boating Economic Impact Model based on the study, which was used by the City of Gulfport to estimate the economic impact of recreational boating in its own community. In the first quarter of 2013, City staff recorded that the Municipal Marina's existing seven transient slips accommodated 244 boating trips in the previous year, with an average of $165 in direct expenditures per trip.6 The Casino Dock is estimated to have accommodated an additional 500 transient boating trips in the same year. The combined direct spending for boaters doc_king at these facilities, therefore, is approximately $120,000 annually.

The proposed project will add another 25 moorings to the town's boating facilities, 22 of which will be reserved for transient use. Based on observed usage of the existing facilities (an average of 62 boating trips per transient slip annually), it is conservatively estimated that the new mooring field will generate another 1,364 boating trips annually. Because the new facility will be limited to sailboats, which have a slightly lower direct expenditure of $104 per trip, the annual direct spending is projected to be approximately $142,000 in addition to current revenues, bringing the total direct economic impact of transient boating in the City to $262,000 per year. However, it should be noted that the mooring field will represent a significant upgrade to the current transient boating facilities, and that the actual increase in boat traffic is likely to be significantly higher than this conservative estimate.

V. Approach/Description of Activity

The proposed project will encompass an area measuring 510 by 1,495 feet, or approximately 17.5 acres. Twenty-five mooring buoys and fourteen marker buoys will be constructed, with swing circles surrounding the moorings sized to accommodate 60-foot vessels. The mooring buoys will each measure 18 inches, with a 1-1/4 inch down-line attached to a 1-3/4 inch rock cutting augur anchor, with all components having a minimum breaking strength of 18,000 pounds force. The marker buoys will each measure 9 inches in diameter and 30 inches in height, with hardware of high-grade galvanized steel, concrete ballast, down-line with shock absorber, and augur anchor. Engineering drawings with specifications for the proposed mooring field components are found in Exhibit D of this application package.

6 Includes 125 transient power boats at an average expenditure of $224 per trip, and 119 transient sailboats at an average expenditure of $104 per trip.

Projed Statement PageB Gulfport Mooring A"eld - Marina Expansion

A Mooring Field Management Plan has been adopted by the City, and was included in the ( Florida Department of Environmental Protection (FDEP) permit approved on April 2, 2013, included as Exhibit L. The management plan commits the City to enforcement of rules regarding length of stay, occupancy of vessels, disposal of sewage and trash, and other aspects of boater conduct; and to the provision of a mobile pump-out boat, for which the City plans to apply separately for a Clean Vessel Act grant. Per terms of the permit, the mooring field will be limited to sailboats, which have a lower impact than power boats on the marine environment and comprise the majority of Municipal Marina traffic.7 The project will also include two environmental education kiosks, signage, and environmental and water quality monitoring.

Additionally, the Municipal Marina is an FDEP-certified "Clean Marina," a voluntary designation program that requires facilities to follow best practices in addressing critical environmental issues such as waste management, stormwater control, spill prevention, and emergency preparedness. In order to maintain the Clean Marina designation, the City will need to document that these best management practices have been extended to the mooring field once it is constructed. Oversight and documentation activities needed to secure the Clean Marina designation are included in the scope of the proposed project.

VI. Location

The general location of the proposed project is shown in Figure 9. The specific location within the City of Gulfport is shown in Figure 10. The latitude is 27°-44'-07" North, and the longitude is 82°-42'-38" West. ( Figure 9 Figure 10 Proposed Project Location Proposed Project Location in the City of Gulfport

Propo•ed Project Sile

i i,-; 67 mil.:is

Source: Pinellas Planning Council, 2013 Source: Google Earth, 2012; Pinellas Planning Council, 2013 ( 7 In 2012, sailboats comprised 86% of recorded traffic to the Gulfport Municipal Marina based on number of boats and length of stay.

Project Statement Page9 Gulfport Mooring Field - Marina Expansion

VII. Estimated Costs

The estimated costs for the proposed mooring field were developed in consultation with local engineering consultants. The estimate includes preliminary costs for permitting and engineering, which were significant due to the environmental sensitivity of Boca Ciega Bay and the lengthy process associated with obtaining permits for the project.

Of the total project cost, 88% (22 of 25 moorings) will be dedicated exclusive to transient use, as reflected in the prorated total. The City is requesting $191,176 from the BigP grant program. The remaining project costs will be provided by the City as a local cash match or local soft match consisting of in-kind administrative services. A summary of the total and prorated project costs are shown in the table below. A more detailed breakdown of these amounts, and identification of the funding source for the local cash match and local soft match, are shown in Exhibit N of this application package.

Preliminary Remaining Total Prorated Project Component Cost" Cost Cost Total Cost Administrative and legal expenses $4,933 $4,933 $4,341 Architectural & engineering fees $142,660 $53,000 $195,660 $172,181 Project inspection fees $2,467 $2,467 $2,171 Construction $81,000 $81,000 $71,280 Miscellaneous $13,000 $13,000 $11,440 Total $142,660 $154,400 $297,060 $261,413 Local Cash Match $63,725 Local Soft Match $6,512 BigP Funding Requested $191,176

Beyond the scope of this grant request, the City is also making considerable supportive investments in upgrading the Municipal Marina to augment the new mooring field and other future expansions of the marina facilities, adding a boaters' lounge, laundry facilities, computer room, and additional restrooms. As shown in Exhibit N, $880,000 for this expansion has been allocated in the City's Fiscal Year 2014 capital improvements program. (This documentation is provided as supportive information only, and is not part of the local cash or soft match.)

VIII. Contacts

Jim O'Reilly, City Manager Denis Frain, Marina Director City of Gulfport City of Gulfport rd 2401-53rd Street S. 2401-53 Street S. Gulfport, FL 33707 Gulfport, FL 33707 (727) 893-1000 (727) 893-1000

8 Costs previously paid by City, as shown in Exhibit N.

Project Statement Page 10 RESOLUTION NO. 2016-92

A RESOLUTION OF THE CITY OF GULFPORT, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, FLORIDA' CLEAN VESSEL ACT PROGRAM, PURSUANT TO THE U.S. FISH AND WILDLIFE SERVICE GRANT AWARD, FOR PROJECT NO. CVA16-783 FOR THE PURCHASE OF A PUMP-OUT SYSTEM AND TO FUND THE PURCHASE OF A PUMP-OUT VESSEL FOR THE CITY'S PROPOSED MOORING FIELD, IF APPROVED; PROVIDING FOR A BUDGET ADJUSTMENT; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, On May 17, 2016, City Council approved Resolutions 2016-38 and 2016-39 authorizing the city manager to make grant applications to the U.S. Fish and Wildlife Commission and the Florida Department of Environmental Protection to provide financial assistance for a pump-out system and pump-out vessel for the Gulfport Marina; and

WHEREAS, The City was successful in its grant applications; and

WHEREAS, The total project cost is estimated at $172,873.76; with the city responsible for providing a total of $43,218.44 in matching funds.

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 a contract with the State of Florida Department of Environmental Protection, Florida Clean Vessel Act Program, Pursuant to the U.S. Fish and Wildlife Service Grant Award, for Project No. CVA16-783 for the purchase of a pump-out system and to fund the purchase of a pump-out vessel for the City's proposed mooring field, if approved.

Section 2. The City Council hereby authorizes the following budget adjustment to transfer earmarked BP Funds within the. General Fund Balance to the Marina Fund and to accept the grant fund proceeds from FDEP:

!Account Current Debit Amended Fund ------~Name Number Budget (Credit) Budget General Transfer to Marina '001-8000-581-91-03 40,000 . 40,000 General J'.\ppropriated SurpllJ!i I001-0000-389-01 ...... {'!9,999.L ...... ('!c:J,999.J Marina Transfer from General Fund 1460-0000-381-10 (40,000} (40,000} Marina Machinery & Equipment '460-4140-575-64 25,000 ...~??t~?..i.. 197,874 Marina .. ~E:?paits ~Maintenan~e i460-4140-575-46 34,767 .. (:3,?~9} -- 31,?'!8 Marina FDEP Grant 1460-0000-331-76 (129,655) (129,655} Section 3. This resolution shall become effective upon its adoption.

PASSED AND ADOPTED this 6th day of December, 16 by the CJ;/JJjjje City of Gulfport, Florida. yP/lf(/

Samuel Henderson, Mayor ATTEST: ~ RESOLUTION NO. 2017-18

A RESOLUTION OF THE CITY OF GULFPORT, FLORIDA, PROVIDING FOR A BUDGET AMENDMENT TO ACCOUNT FOR THE FUNDING SOURCES FOR THE CITY'S MOORING FIELD PROJECT; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, Per resolution 2017-12 the city entered into an agreement for $100,000 of Pinellas County BP settlenient funds in support of a construction of a Mooring Field-which the County received through a settlement with parties responsible for the Deepwater Horizon accident, and

WHEREAS, Per Resolution 2016-39 staff successfully applied to the US Fish and Wildlife Service (USFWS} and Florida Department of Environmental Protection-Clean Vessel Act Grant Program for the Pumpout Vessel· and related equipnient, receiving a grant contributiilg towards the Mooring Field's equipment cost; and ·

WHEREAS, The total mooring field project cost is estimated to be approximately $350,000, including operational staffing.

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

Section 1. The City Council hereby authorizes an initial budget amendment to account for the funding sources for the city's mooring field project including the Pinellas County grant and the use of city BP funds as follows: .,. r·· LJAccount !Account' Current Debit ' Amended w., .~ I ;.....w,~,AWA I L i !Fund ITvpe INumber iBudget (Credit) Budget, I,,. .... I .... I····••-'• t..... I I I ' ' ·General Transfer to Marina I001-8000-581-91-03 ! ... 15,0001 55,000 ; i······ ' ~ 40,000 ,..•, .. General Appropriated S~_~plus I001-0000-389-01 ' 280,955) (15,ooo) I (295,955)! • M,UM I .....-..-=- !,,,,.•==e ·····--7 Marina Transfer from General Fund 460-0000-381-10 I ,, (40,000) (15,000)! , (55,000)! Marina Machinery & Equipment 460-4140::575-64 I 197,874 115,000 r·1 ,,,,,,.,312,874] r· ,.,>,,OM"<' • j,,. .,.0 . .-., . ' ! 'Marina ,~it:1!:11~5.C::ounty Grant 460-0000-337-10 . I I - 10 (100,000); I I ,,,._.} LJ. .J o,990.LJ

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

PASSED AND ADOPTED this 21st day of February, Gulfport, Florida.

Samuel Henderson, Mayor

ATTEST: RESOLUTION NO. 2017-79

A RESOLUTION OF THE CITY OF GULFPORT, FLORIDA, AUTHORIZING THE CITY MANAGER TO PERFORM THE NECESSARY PROJECT RELATED TASKS FOR THE DEVELOPMENT, CONSTRUCTION AND OPERATION OF THE MUNICIPAL MARINA MOORING FIELD; PROVIDING FOR A BUDGET ADJUSTMENT; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, After unsuccessfully seeking grant funding for a Mooring Field; In July, 2015 and then again in June, 2017; during the present FY 2018 budget deliberations City Council further discussed and considered providing funding or funding options for the development, construction and operation of a City operated Mooring Field; and

WHEREAS, Per the City Council discussion of August 15, 2017 and at that time a consensus of a majority of the City Council recommended moving forward with providing City funding for the development and construction of a City of Gulfport Municipal Marina Mooring Field; and

WHEREAS, Following the discussion of August 15, 2017 direction was provided staff to prepare an appropriate budget amendment for the utilization of an amount of $50,000 from the balance of the City’s BP settlement funds in support of a construction of a Mooring Field; and

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 perform the necessary project related tasks for the development, construction and operation of the municipal marina mooring field as follows: a. To enter into an agreement with Marine Boatbuilders Company for the purchase of a 23’ Pump-Kleen Pumpout boat in the amount of $107,747.86 b. To enter into an agreement Commercial Site Solutions (CSS) to provide for engineering services in the amount of $7,410.00 for the mooring field project. c. To enter into an agreement (MV261) with the State of Florida Department of Environmental Protection Florida Clean Vessel Act Program. The FDEP agreement provides for the City’s acceptance of U.S. Fish and Wildlife Service Grant Award – for Project - N). CVA16-784.

Section 2. The City Council hereby authorizes the following budget adjustment:

Account Account Current Debit Amended Fund Type Number Budget (Credit) Budget General Transfer to Marina 001-8000-581-91-03 55,000 50,000 105,000

General Appropriated Surplus 001-0000-389-01 {_§Q_2,488) I '29,0QQ). @_2,4~ Marina Transfer from General Fund 460-0000-381-10 (55,000) (50,000) (105,000) Marina Machinery & Equipment 460-4140-575-64 312,874 50,000 362,874

Section 3. This resolution shall become effective upon its adoption. PASSED AND ADOPTED this 5th day of September, 2017 by the Council of the City of Gulfport, Florida.

Samuel Henderson, Mayor

ATTEST: ______Lesley DeMuth, City Clerk RESOLUTION NO. 2017-12

A RESOLUTION OF THE CITY OF GULFPORT, FLORIDA, AUTHORIZING THE CITY MANAGER TO SEEK GRANT FUNDING FROM THE FLORIDA BOATING IMPROVEMENTS GRANT PROGRAM; TO PROVIDE FOR THE APPLICABLE DESIGN, PERMITTING, DEVELOPMENT, ENGINEERING AND CONSTRUCTION OF A CITY OPERATED MOORING FIELD; TO ENTER INTO A FUNDING AGREEMENT WITH PINELLAS COUNTY FOR FINANCIAL SUPPORT AND ENTER INTO A CONTRACT WITH GHS ENVIRONMENTAL FOR THE GRANT, PERMITTING, ENGINEERING, ENVIRONMENTAL AND SUPPORT SERVICES FOR THE GULFPORT MUNICIPAL MARINA MOORING FIELD PROJECT; AND PROVIDING FOR AN EFFECTIVE DA TE.

WHEREAS, During the Workshop of June 11, 2015, a majority of the City Council discussed and recommended moving forward with providing funding for the development of a City of Gulfport Municipal Marina Mooring Field; and

WHEREAS, the City is the recipient of $100,000 of Pinellas County BP settlement funds in support of a construction of a Mooring Field; and . ·

WHEREAS, Staff has identified a potential funding source through the State of Florida - Florida Boating Improvement Grant Program to fund the balance ofthe mooring field project; and

WHEREAS, Staff succ~ssfully applied to the US Fish and Wildlife Service (USFWS) and Florida Department of Environm~ntal Protection - Clean Vessel Act Grant Program for a Pumpout Vessel and related equipment, receiving a grant in the amount of $108,000 for the vessel.

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: (a) make a grant application to the Florida Boating Improvement Grant Program; providing authorization for the applicable design, permitting, development, engineering and construction of a city operated mooring field; (b) enter into a funding agreement between Pinellas County and the City of Gulfport for the financial support of the construction of a mooring field on Boca Ciega Bay; and ( c) enter into a contact with GHS Environmental in the amount of $35,000.00 for grant, permitting, engineering, environmental and support services for the City of Gulfport Municipal Marina Mooring Field Project.

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

PASSED AND ADOPTED this 7th day of February, 2017 by t lfport, Florida.

ATTEST: DEPARTMENT OF THE ARMY JACKSONVILLE DISTRICT CORPS OF ENGINEERS 10117 PRINCESS PALM AVENUE, SUITE 120 TAMPA, FLORIDA 33610 July 8, 2014 REPLY TO ATTENTION OF Regulatory Division South Permits Branch Tampa Permits Section SAJ-2007-04697 (SP-TEH)

Mr. James O’Reilly City of Gulfport 2401 53rd St. S. Gulfport, FL 33707

Dear Mr. O’Reilly:

The U.S. Army Corps of Engineers (Corps) is pleased to enclose the Department of the Army permit, which should be available at the construction site. Work may begin immediately but the Corps must be notified of:

a. The date of commencement of the work,

b. The dates of work suspensions and resumptions of work, if suspended over a week, and

c. The date of final completion.

This information should be mailed electronically to the Special Projects and Enforcement Branch of the Regulatory Division of the Jacksonville District at [email protected]. The Special Projects and Enforcement Branch is also responsible for inspections to determine whether Permittees have strictly adhered to permit conditions.

IT IS NOT LAWFUL TO DEVIATE FROM THE APPROVED PLANS ENCLOSED.

Sincerely,

for: Donald W. Kinard Chief, Regulatory Division Enclosures

Copies Furnished (w/encls):

Ms. Laura Combs, Save the Manatee Club Ms. Lauren Greenfield, FDEP (Ref. #52-0153995-004) Ms. Calusa Horn, NMFS-PRD Mr. Geoffrey Lane, ML Consulting Mr. Peter Plage, USFWS (Ref. #41910-2013-I-0046) Mr. Andrew Nicholson, Challenger Enterprises, Inc. Ms. Angela Ryan, USACE Enforcement Mr. Mark Sramek, NMFS-HCD Mr. David Walker, Pinellas County DEPARTMENT OF THE ARMY PERMIT

Permittee: City of Gulfport 2401 53rd St. S. Gulfport, FL 33707

Permit No: SAJ-2007-04697 (SP-TEH)

Issuing Office: U.S. Army Engineer District, Jacksonville

NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the U.S. Army Corps of Engineers (Corps) having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer.

You are authorized to perform work in accordance with the terms and conditions specified below.

Project Description: The project, known as “Gulfport Mooring Field”, consists of a 22.46-acre mooring field to accommodate 25 sailboats. Users will be allowed a maximum of 72 hours use of the mooring slips. The work described above is to be completed in accordance with the 7 attachments affixed at the end of this permit instrument.

Project Location: The project is located within Boca Ciega Bay, south of Gulfport Beach Park, 415 feet south of the existing municipal pier, in the City of Gulfport,Pinellas County, Florida. The project is located in Section 33 of Township 31 South and Range 16 East.

Directions to site: From the City of St. Petersburg, travel south on U.S. Highway 19. Exit west onto 22nd Avenue South. Proceed approximately 1.6 miles and turn left (south) onto 54th Street South. Proceed to the terminus of this road.

Approximate Central Coordinates: Latitude: 27.734706º North Longitude: 82.707629º West

Corners of Mooring Field Latitude (north) Longitude (west) Northwest 27.73528 82.71 Southwest 27.73361 82.71 Northeast 27.73528 82.70528 Southeast 27.73361 82.70528 PERMIT NUMBER: SAJ-2007-04697 (SP-TEH) PERMITTEE: CITY OF GULFPORT PAGE 2 of 10

Permit Conditions

General Conditions:

1. The time limit for completing the work authorized ends on July 8, 2019. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached.

2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area.

3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and State coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places.

4. If you sell the property associated with this permit, you must obtain the signature and the mailing address of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization.

5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions.

6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. PERMIT NUMBER: SAJ-2007-04697 (SP-TEH) PERMITTEE: CITY OF GULFPORT PAGE 3 of 10

Special Conditions:

1. Reporting Address: All reports, documentation and correspondence required by the conditions of this permit shall be submitted electronically to the U.S. Army Corps of Engineers, Regulatory Division, Enforcement Section at [email protected]. The Permittee shall reference this permit number, SAJ-2007-04697 (SP-TEH), on all submittals.

2. Commencement Notification: Within 10 days from the date of initiating the authorized work, the Permittee shall provide to the Corps a written notification of the date of commencement of work authorized by this permit.

3. Turbidity Barriers: Proposed anchor screws shall be installed using turbidity tubes.

4. Limitations of Use: The Permittee agrees to limit and enforce use of the mooring field to sailboats. Use by motorized watercraft shall be strictly prohibited. Twelve months following the commencement of construction, the Permittee shall submit a data log of use (Attachment 3) for all months of use. Such reports, including a 12-month reporting period, shall be provided to the Corps on an annual basis in perpetuity.

5. Mooring Field Signage: The Permittee shall install and maintain a minimum of two permanent signs, at the mooring field, alerting boaters that the mooring field is limited to sailboat use. These signs must be installed prior to use of the mooring field by any vessel.

6. Manatee Signage: The Permitee shall install temporary “Caution: Boaters” and “Idle Speed / No Wake” signs during construction activities, as stipulated in the Standard Manatee Conditions for In-Water Work (Attachment 4). The Permitee shall install and maintain in perpetuity the “Florida Friendly Boating” sign per FFWCC sign guidelines (Attachment 5) at the following 3 locations: 1) City of Gulfport Marina, 2) near the City of Gulfport Casino, and 3) at the dinghy pier to be used by mooring field registrants. These signs must be installed prior to use of the mooring field by any vessel. PERMIT NUMBER: SAJ-2007-04697 (SP-TEH) PERMITTEE: CITY OF GULFPORT PAGE 4 of 10

7. Standard Manatee Conditions for In-Water Work: The Permittee shall comply with the 2011 “Standard Manatee Conditions for In-Water Work” provided in Attachment 4 of this permit.

8. Sea Turtle and Smalltooth Sawfish Conditions: The Permittee shall comply with National Marine Fisheries Service's “Sea Turtle and Smalltooth Sawfish Construction Conditions” dated March 23, 2006 and provided in Attachment 6 of this permit.

9. As-Built with X-Y Coordinates: Within 60 days of completion of the authorized work or at the expiration of the construction window of this permit, whichever occurs first, the Permittee shall submit as-built drawings of the authorized work and a completed As-Built Certification Form (Attachment 7) to the Corps. The drawings shall be signed and sealed by a Florida registered professional engineer or a professional land surveyor registered in the state of Florida and include the following:

a. A plan view drawing of the location of the authorized work footprint (as shown on the permit drawings) with an overlay of the work as constructed in the same scale as the attached permit drawings (8½-inch by 11-inch). The drawings shall include the X & Y State Plane coordination points of the most waterward point of the structure and a point at the mean high water line (MHWL) or the face of the bulkhead/seawall, if present. The drawings shall include: (1) The dimensions of the structure, (2) depth of water (at mean low water) at the waterward end of the structure, and (3) the distance from the waterward end of the structure to the near bottom edge of the channel.

b. List any deviations between the work authorized by this permit and the work as constructed. In the event that the completed work deviates, in any manner, from the authorized work, describe on the As-Built Certification Form the deviations between the work authorized by this permit and the work as constructed. Clearly indicate on the as- built drawings any deviations that have been listed. Please note that the depiction and/or description of any deviations on the drawings and/or As-Built Certification Form does not constitute approval of any deviations by the U.S. Army Corps of Engineers.

c. The Department of the Army Permit number.

d. Include pre- and post-construction aerial photographs of the project site, if available.

10. Assurance of Navigation and Maintenance: The Permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structures or work herein authorized, or if in the opinion of the PERMIT NUMBER: SAJ-2007-04697 (SP-TEH) PERMITTEE: CITY OF GULFPORT PAGE 5 of 10

Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the Permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration.

11. Cultural Resources/Historic Properties: a. No structure or work shall adversely affect impact or disturb properties listed in the National Register of Historic Places (NRHP) or those eligible for inclusion in the NRHP.

b. If during the ground disturbing activities and construction work within the permit area, there are archaeological/cultural materials encountered which were not the subject of a previous cultural resources assessment survey (and which shall include, but not be limited to: pottery, modified shell, flora, fauna, human remains, ceramics, stone tools or metal implements, dugout canoes, evidence of structures or any other physical remains that could be associated with Native American cultures or early colonial or American settlement), the Permittee shall immediately stop all work and ground-disturbing activities within a 100-meter diameter of the discovery and notify the Corps within the same business day (8 hours). The Corps shall then notify the Florida State Historic Preservation Officer (SHPO) and the appropriate Tribal Historic Preservation Officer(s) (THPO(s)) to assess the significance of the discovery and devise appropriate actions.

c. Additional cultural resources assessments may be required of the permit area in the case of unanticipated discoveries as referenced in accordance with the above Special Condition ; and if deemed necessary by the SHPO, THPO(s), or Corps, in accordance with 36 CFR 800 or 33 CFR 325, Appendix C (5). Based, on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend or revoke the permit in accordance with 33 CFR Part 325.7. Such activity shall not resume on non-federal lands without written authorization from the SHPO for finds under his or her jurisdiction, and from the Corps.

d. In the unlikely event that unmarked human remains are identified on non-federal lands, they will be treated in accordance with Section 872.05 Florida Statutes. All work and ground disturbing activities within a 100-meter diameter of the unmarked human remains shall immediately cease and the Permittee shall immediately notify the medical examiner, Corps, and State Archeologist within the same business day (8-hours). The Corps shall then notify the appropriate SHPO and THPO(s). Based, on the circumstances of the discovery, equity to all parties, and considerations of the public PERMIT NUMBER: SAJ-2007-04697 (SP-TEH) PERMITTEE: CITY OF GULFPORT PAGE 6 of 10

interest, the Corps may modify, suspend or revoke the permit in accordance with 33 CFR Part 325.7. Such activity shall not resume without written authorization from the State Archeologist and from the Corps.

Further Information:

1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:

(X) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403)

(X) Section 404 of the Clean Water Act (33 U.S.C. 1344)

( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413)

2. Limits of this authorization.

a. This permit does not obviate the need to obtain other Federal, State, or local authorizations required by law.

b. This permit does not grant any property rights or exclusive privileges.

c. This permit does not authorize any injury to the property or rights of others.

d. This permit does not authorize interference with any existing or proposed Federal projects.

3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following:

a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes.

b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest.

c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. PERMIT NUMBER: SAJ-2007-04697 (SP-TEH) PERMITTEE: CITY OF GULFPORT PAGE 7 of 10

d. Design or construction deficiencies associated with the permitted work.

e. Damage claims associated with any future modification, suspension, or revocation of this permit.

4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided.

5. Reevaluation of Permit Decision: This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following:

a. You fail to comply with the terms and conditions of this permit.

b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (see 4 above).

c. Significant new information surfaces which this office did not consider in reaching the original public interest decision.

Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost.

6. Extensions: General Condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit. PERMIT NUMBER: SAJ-2007-04697 (SP-TEH) PERMITTEE: CITY OF GULFPORT PAGE 8 of 10

Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit.

(DATE)

{PE£t[\!1)TTig NAME-PR IN ED) c,,1 r1 rvJan~er This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below.

(DISTRICT ENGINEER) (DATE) 1 1 Alan M. Dodd, Colonel, U.S. Army District Commander PERMIT NUMBER: SAJ-2007-04697 (SP-TEH) PERMITTEE: CITY OF GULFPORT PAGE 9 of 10

When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.

______(TRANSFEREE-SIGNATURE) (DATE)

______(NAME-PRINTED)

______(ADDRESS)

______(CITY, STATE, AND ZIP CODE) PERMIT NUMBER: SAJ-2007-04697 (SP-TEH) PERMITTEE: CITY OF GULFPORT PAGE 10 of 10

Attachments to Department of the Army Permit Number SAJ-2007-04697 (SP-TEH)

1. PERMIT DRAWINGS: 8 pages, dated May 22, 2014.

2. WATER QUALITY CERTIFICATION: Specific Conditions of the water quality permit/certification in accordance with General Condition number 5 on page 2 of this DA permit. Environmental Resource Permit No. 52-0153995-004, dated June 13, 2013, 35 pages.

3. USAGE DATA LOG: 1 page, undated.

4. MANATEE CONDITIONS: 2 pages, Standard Manatee Conditions for In-Water Work – 2011

5. FFWCC MANATEE EDUCATIONAL SIGN GUIDANCE: 2 pages, dated March 2011.

6. SEA TURTLE – SAWFISH CONDITIONS: 1 page, Sea Turtle and Smalltooth Sawfish Construction Conditions, revised March 23, 2006.

7. AS-BUILT CERTIFICATION FORM: 2 pages SECTION 33, TOYh-lSHIP 31 SOUTH, RANGE 16 EAST ' PINELLAS COUNTY, FLORIDA ,,,,,~~ ~ i .. •· ········~ f.c~·· ;>, -~-~ ' City of Gu Ifport §~' t:i./ ,~

CERTIFIED TO: The Board of Tru•t- of the Florido Internal lmprov.nent Tru,t Fund The City of Gulfport, Florido

NO. SHEET TITLE REV. Cit:t Officials 1 Co_. Sheet MAYOR: Mlchoel Yokn 2 Vicinity Map COUNCILMEMBER Dovld Haettnc;i COUNCIL.MEMBER Borboro Bonno 3 Legal 0-lptlon COUNCIL.MEMBER Jennlf.- Solmon 4 Surwl)'Q"I Notee & Legend COUNCIL.MEMBER Sorn Henderaon CITY MANAGER Jomn E. O'Relly 5 Mooring• SwlnQ Clrcln Plan HARBORMASTER Deni• Frain 6 Coordlnote Tobi•• 7 Marker Buoy Sltn & All Buoy OetoH1

8 R♦totlonllhlp to Property Linea EBQJECI SIIE: ~QQBESS; 9 Off■et Olatonce■ 5500 Shore Boulevard, Gulfport, Florido 33707 INDEX TO DRAWINGS , @ Cop)'"ight ,_.. , ___ REYISIONS MIW.'rW. PG ....__~.... ,...... ,..~r...... City of Gulfport - 1,/9/201, .. ~~ - CB 52a, Challenger to 25 Sllps - .. ... Pinellos C ounty Revised Mooring Field r-O~ ctMR.d,rtJ -- Inc. Florido Cover Sheet ,_~ - ""' IIM.: ,.Olt!M285. Boco Ciego Boy s.,,,..f) /ol-er. F1t1,W. ~tt-om /Jr ~ / , ~.~~o,~ A '"·-- fA.Jf ¥/.,t A Ci ty of Gulfport, Florido - of -- 1 9 .._..-~• • ,,..1111 Pl'!Ot'lekrox(7'17)ZJ4-"'42 / ,..,.. ,.. .._ 9.#~ - -- ,, Tapell5i'81

Boeo Ct,ga Bq

p- ,.. • o.uir...f9'0~,. t ---- ... ,◄.l"'W) City of Gu,fport Proposed Mooring Field Site Vicinity Map

I I I J

Vicin ity Mop

I)) Ji'1 l)) I) I I I I LEGAL DESCRIPTION Proposed Mooring Field Submerged Lands Lease Area Said Area lies in Section 33, Township 31 South, Range 16 East. COMMENCE at National Geodetic Monument PCDSM GPS 33, N1237978.120, [272288.029, thence run S 3T11'27"W, 1, 1093.08 feet for a POB.

Thence run, soo·oo·oo"E, 510.57 ft, thence run soo·oo·oo"W. 1,495.02 ft, thence run, Noo·oo·oo"E, 510.57 ft, thence run, N9o·oo•oo"E, 1,495.02', to the POB.

Containing 763312.36 Sq. Ft, 17.5232 Acres (M.0.L.)

Second upland monument tie: The tie coll from NGS Monument PCDSM GPS 34, N1,2J7,867.147, [272,229.889, to the Parcel POB is as follows:5 25•11'04.. w, 886_58 Feet (mo/)

~ ~ PROPOSED SUBMERGED LANDS LEASE AREA

t htwtby Ctfllfy thot u,e survey re prH«ihtd ri•uton f'l'l etlt \he NOTE: All wor~ ' is it1 $~cite Plane Coordinates, NAO 27, to be minimum tectil'llcol stOl'\dotdt set fO(th by the r1orldo Boord or Profeuloool Lond Surveyors In Chopt~ 51G17-6, consistent wt~ht'fj>ioe/los County Property Appraiser Mapping. florldo Actnlnlstrotlve Code, PI.Kwont to Se:clk>n 472.027, Florldo Statutes. Not 'tCild unleu slqned Ol"ld emboss«! with seol. Sur'Ve)<>r of Record: Andrew M. N(ohffson. PE- PLS1

City h r u ltfport Revised Mooring Field Boco Ciego Boy Legal Description City of Gulfport. Florido Specific Purpose Instrument BASIS OF BEARINGS This Legal Description was prepared specifically to describe o parcel THE GRID BEARINGS AND COORDINATES SHOWN HEREON REFER TO THE STATE of sovereign submerged lands for which the City of Gulfport. Florida PLANE COORDINATE SYSTEM (NAD 27) OF THE WEST ZONE OF FLORIDA. seeks to obtain Leasehold interests from the State of Florido to THIS COORDINATE SYSTEM WAS USED TO BE CONSISTENT WITH THE PINELLAS operate a vessel mooring field thereon. COUNTY PROPERTY APPRIASER'S MAPPING SYSTEM. These oreos do not presently exist under any deed or other conveyance. These parcels ore completely sovereign submerged 1. THIS IS NOT A BOUNDARY SURVEY. lands. The corners cannot be occupied by conventional surveying practices. The parcels do not abut privately owned lands All 2. The elevations shown ore based on Florido Deportment of Natural Resources lands ore ot sufficient depths to lie beyond the riparian oreos of privately owned uplands. At least 100 feet of novigotion channel Tidal Benchmark stomped "872-6486 E FLDNR" elevation 12.62 feel, North hos been provided between these proposed lease oreo parcels and American Vertical Datum of 1988. This benchmark is localed on the Southwest nearby privately owned shorelines. Therefore, no monuments hove corner of 54 Street and 27th Avenue South, Gulfport, Florido. been set. 3. The hydrogrophic survey was performed using o Specialty Devices, Inc. Model No. SURVEYOR'S NOTES BSS-MSU-IDS sounder operating with o 200 kHz transducer. 1.) ALL CORNERS FOUND HAVE NO NUMBER DESIGNATING 4. Horizontal control wos established using o Real Time Kinematic (RTK) PREVIOUS SURVEYOR OR COMPANY EXCEPT AS SHOWN. differential global positioning system (DGPS), utilizing Pinellas County survey 2.) ALL BEARINGS AND DISTANCES ARE PER STATE PLANE Deportment GPS Survey Marks stomped "PCSDM GPS33" and "PCSDM GPS 34". COORDINATE SYSTEM, FLORIDA WEST ZONE, NAO 27 All locations were determined in Florido West Zone state plane coordinates, North TO BE CONSISTENT WITH THE PINELLAS COUNTY PROPERTY American Datum of 1983/1990 adjustment. APPRAISER'S MAPPING SYSTEM 3.) NO UNDERGROUND ENCROACHMENTS, FOUNDATIONS OR IMPROVEMENTS UTILITIES HAVE BEEN LOCATED OR SHOWN UNLESS OTHERl'llSE NOTED. NO IMPROVEMENTS ARE LOCATED WITHIN THE PROPOSED FIELDS. 4 .) NO INSTRUMENTS OF RECORD REFLECTING EASEMENTS, SEE CHALLENGER ENTERPRISES, INC. ENGINEERING DRAWINGS DATED RIGHTS-OF-WAY AND/OR OWNERSHIP WERE FURNISHED THIS SURVEYOR EXCEPT AS SHOl'IN HEREON. NOVEMBER, 2011 FOR PROPOSED MOORING BUOYS & ANCHORS ALNG WTH 5.) ELEVATION DATUM: ~ BENCHMARK: 872-6486 E FLDNR. EL 12.62 FT REGULA TORY MARKER BUOYS AND ANCHORS FOR THE PROPOSED FIELD. BASIS OF BEARINGS: STATE PLANE COORDINATES NAO 27 7.) UNLESS IT BEARS THE SIGNATURE ANO THE ORIGINAL RAISED THERE IS NO SHORELINE, THEREFORE NO MHWL OR MLWL WITHIN SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, 650 LINEAL FEET OF THE PROJECT AREA. 2000 LINEAL FEET OF THIS SURVEY DRAWING IS FOR INFORMATIONAL PURPOSES ONLY ANO SHORELINE ADJACENT TO THE UPLAND PROERTY IS SANDY BEACH IS NOT VALID. WITH APPROXIMATELY 20% A CONCRETE SEAWALL AROUND THE CITY OF 8.) THE REFERENCE MONUMENTS PCSDM GPS33 AND PCSDM GPS34 LIE OUTSIDE THE BORDERS OF THIS DRAWING. GULFPORT CASINO RECREATION FACILITY.. 9.) ALL PROPOSED LEASE AREAS LIE l'llTHIN SECTION33, TOWNSHIP 31 SOUTH, RANGE 16 EAST. NO CERTIFIED SECTION CORNER CERTIFICATES ARE LEG END: ON FILE LOCAL INFORMATION OBTAINED ON SECTION CORNERS OR SECTION LINES LYING WITHIN THE PROPOSED LEASE AREAS ARE FROM PINELLAS LB = Licensed Business PB =Plat Book COUNTY GIS. BM = Benchmark PG =Page { 1 =Centerline P .O.B.=Point of Beginning 0.) AS THIS WORK HAS NO IMPACT ON VICINITY PROPERTIES, THIS SURVEYOR IS (D) = Description OF THE OPINION NO PRIVATE PROPERTY RIGHTS HAVE BEEN ADVERSELY PRM = Permanent Recora Monument FND =Found R/W =Right-of-Woy AFFECTED BY RELIANCE ON GPS VERIFIED STATE PLANE COORDINATES. mol = More or less SQ.FT.= Square Feet I h-y o«tlfy lnot U.. levol -.u... ,._tod h-- m.... NGS =Notional Geodetic Service the minimum tod,nlcal otondard• NI farth by 1M Fkw1do Bo«d cf Pro- Lond SU,..,.,. In a.apt.. 81G17-8, Fkw1do ' I , Admlnlolnrtl.. ~ Purouant to Section ♦72.027, Florida StolutN. I Nat •olld ..,._ ..,... and - with - · Su""'l""" of Rocord: An«.w M. Nlfflol"""' Pt., R,Lf. , © copyright

R[VISIONS flt ... ,._.,c,,., ,.,. k-•-t,.,._.., ...... ,,_..... ~,...~~,- - · ci't,, /of G \.I ttp' ort -·, ,;11/2011 to 25 Slips ,.,... .,,,.,.., 7.-:;- Le S2B4 Chalfenger J 1 1 Revised Mooring Field £nterpnses Pln1'ds _C'o,urty Legend & t,o(,(:. Inc Boca Ciego Boy 1-----+--+-+'~_-1-,_-+--i ~~,.:..'!!°"',~Jtett-02~ /J / ~Pf"'. 1ld'o / i Surveyor's Notes 1------1--+-+-_-~-+-...,.-+,,,.,..--i, ::.ic::",~~~::J.itt;.;:" ....~_~.!_~-·~ ..- t,/1v◄ City of Gulfport. Florido l------l---l--+-.,,.,,.- , 1-....,--1-,,_,---l A_,_....,_,,n,., """"'~r,,

N27'44'07" W82'42'J7"

N27'44'04" W82'42'J7" N27'44'04" W82'42'20"

N27'44'02" W82'42'J7"

-~°"Ct~~ te E~--=====~---=====~---====::::;;:...,...... ::====~---====:::::'.-- ~-iU.,"-' te E PROPOSED MOORING FIELD

©copyright

11/9, 2011 Rev,sed Moo-,ng F,eld vive-ring

Marl<« Marl<« slte No. Northing Eaotlna Latitude (N) Longltud• (W) Site No. Northing Eaetlng Latitude (N) Longitude (W) 1 1237064.8463 271852.6192 N 27'44'07" W 82'42'34" I 8 l236554.8463 270357.6003 N 2r44'02" W82'42'37" 2 1236809.9182 271852.4326 N 2r44'04" W82°42'34" 9 1236809.8463 270357 .6003 N 27' 44'04"_____ W 82°42'37"._i 3 1236554.8463 271852.6192 N 2r44'02" W82'42'34" 10 1237064.8463 270357.6003 N 2r44'07" W 82'42'37" W82'42'23" 4 1236554.8463 271553.6152 N 2r44'02" 11 1237064.8463 270656.6043 N 27'44'07" W 82' 42'33" 5 1236554.8463 271254.6112 N 2r44'02" , W82'42'27" u U37064.8463 270955.6072 N 27' 44'07" W82°42'30" 6 1236554.8463 270955.6072 N 2r44'02" W82'42'30" 13 U37064.8463 27U54.6112 N 2r44'07" W82"42'27" N 2r44'02" W 82'42'33" 7 1236554.8446 270656.6032 14 1237064. 8463 271553.6152 N2r44'07" W82"42'23"

Water level f/lOOIJ ...,-euoy ~· 8EAM AJJBY flUAX Obnet• •• ;~.:Tstr"I o..n,e hol<;tl IO" -+---++t---~ w/o - '5" m~IINID Droll 31' Chafing hose 2·~ Not Wolghl TTf Foam P• MN..-P-2tll29 E~ splice th--Am-.,1 1, Elo:'1)1 H/0 Golv. thimble ------Shackle

E~ splice ----- Spoolalo-.lln• wllll SlormSoft 1-1/4' StormSoft Oown-llne tensne 1tren9th: -- 18,000 lbs (min.)

----Underwater noai Kffl)s Down-line off bottom

MOORING tlll1I;. All components FIELD elmken Rock Cutting Auger Anchor to have a minimum 1-3/4" equ,n ohort breaking strength of 18,000 lbs force.

REGULATORY BUOY DETAILS I I N.T.S. ' ) '

Revised Mooring Field A0chor & Buoy D etails B oca Ciego Boy Regulat ory B uoy Si tes Cit y o f Gulfport, Florido Gulfpott Munic::ipol Mooring Fields

,,,,,,,,,.,,, Proposed Mooring Field

Boca Ciega Bay

~:::::::::::::::::::::::::::::: ~lillillliilO

SECTION 33, TOWNSHIP 31 SOUTH, RANGE 16 EAST I / PINELLAS COUNTY, FLORIDA \ I 'I

1 , II I I I I ) 111 I

City of Gulfport

...... &

Bay

c:;..::::«iUhiilliO QliiiilllI I I I I

SECTION J3, TOWNSHIP J1 SOUTH, RANGE 16 EAST I PINELLAS COUNTY, FLORIDA

' I © copyright 11/15/2011 Mooring Field Boca Ciego Boy Offset Distances City of Gul fport, Florido FLORIDA DEPARTMENT OF

ENVIRONMENTAL PROTECTION RICK SCOTT GOVERNOR SOUTHWEST DISTRICT OFFICE 13051 NORTH TELECOM PARKWAY HERSCHEL T. VINYARD JR. TEMPLE TERRACE, FLORIDA 33637-0926 SECRETARY

June 13, 2013

City of Gulfport c/o Jim O’ Reilly, Manager 2401 53rd Street South Gulfport, FL 33707 [email protected]

Dear Mr. O’Reilly:

Enclosed is the Environmental Resource Permit, DEP Project No. 52-0153995-004, issued pursuant to Part IV of Chapter 373, Florida Statutes, and Title 62, Florida Administrative Code.

Appeal rights for you and for any affected third party are described in the text of the permit along with conditions that must be met when authorized activities are undertaken.

You, as the applicant, are responsible for all aspects of permit compliance. You should therefore review this permit document carefully to ensure compliance with the general conditions and specific conditions contained herein.

Please be aware of permit General Condition number 11 which states: “At least 48 hours prior to commencement of activity authorized by this permit, the permittee shall submit to the Department a written notification of commencement using an “Environmental Resource Permit Construction Commencement” notice (Form No. 62-343.900(3), F.A.C.) indicating the actual start date and the expected completion date.”

If you have any questions about this document, please contact me at (813) 632-7600, ext. 488.

Thank you for your participation in the permit process and in managing the natural resources of the State of Florida.

Sincerely,

Nwankaku Onwunli Environmental Specialist II Submerged Lands and Environmental Resource Program Southwest District cc: Geoffrey Lane, ML Consulting, [email protected] Andrew Nicholson, P.E., Challenger Enterprises, Inc., [email protected]

Enclosure: Environmental Resource Permit with attachments (33 pages) FLORIDA DEPARTMENT OF

ENVIRONMENTAL PROTECTION RICK SCOTT GOVERNOR SOUTHWEST DISTRICT OFFICE 13051 NORTH TELECOM PARKWAY HERSCHEL T. VINYARD JR. TEMPLE TERRACE, FLORIDA 33637-0926 SECRETARY

Permittee/Authorized Entity: City of Gulfport c/o Jim O’Reilly 2401 53rd Street South Gulfport, Florida 33707

City of Gulfport Mooring Field

Authorized Agent: ML Consulting c/o Geoffrey C. Lane 3603 South Belcher Drive Tampa, Florida 33629

Individual Environmental Resource Permit

State-owned Submerged Lands Authorization – Granted Pending Documentation Execution

U.S. Army Corps of Engineers Authorization – Separate Corps Authorization Required

Permit No.: 52-0153995-004

Permit Issuance Date: June 13, 2013 Permit Construction Phase Expiration Date: June 13, 2018 FLORIDA DEPARTMENT OF

ENVIRONMENTAL PROTECTION RICK SCOTT GOVERNOR SOUTHWEST DISTRICT OFFICE 13051 NORTH TELECOM PARKWAY HERSCHEL T. VINYARD JR. TEMPLE TERRACE, FLORIDA 33637-0926 SECRETARY

Consolidated Environmental Resource Permit and Recommended Intent to Grant State- owned Submerged Lands Authorization

Permittee: City of Gulfport Permit No: 52-0153995-004 Permit Issuance Date: June 13, 2013 Permit Construction Phase Expiration Date: June 13, 2018

AUTHORIZATIONS

Project Description

The permittee is authorized to construct, operate, and maintain a 25-slip public mooring field within a 17.52-acre area within Boca Ciega Bay, a Class III Outstanding Florida Waterbody, and part of the Boca Ciega Bay Aquatic Preserve.

The mooring field will be constructed with 25 permanent anchored buoy systems and will preempt 763,312 square feet (17.52 acres), more or less, of sovereignty submerged lands to accommodate the mooring of 25 sailboats, with a maximum length of 60 feet. Support facilities for the mooring field will be provided by the City of Gulfport Municipal Marina and include restrooms, showers, laundry, sewage pumpout facilities, fueling facilities, and garbage dumpsters.

Prior to the construction of the mooring field, the permittee will obtain a sewage pumpout vessel. Additionally, the permittee will construct informational kiosks at the City of Gulfport Casino, the City Pier, and the Municipal Marina. These kiosks will contain information about sensitive resources, habitats and marine species within the vicinity of the mooring field.

Authorized Activities are depicted on the attached exhibits.

The project described above may only be conducted accordance with the terms, conditions and attachments contained in this permit. The issuance of this permit does not infer, nor guarantee, nor imply that future permits or modifications will be granted by the Department.

State-owned Submerged Lands Authorization

The activity is located on submerged lands owned by the State of Florida. Therefore, it also requires authorization from the Board of Trustees of the Internal Improvement Trust Fund pursuant to Article X, Section 11 of the Florida Constitution, and Sections 253.002 and 253.77, Florida Statutes (F.S.), and Chapter 258, F.S. On April 2, 2013, the Board of Trustees granted authority for the Department, acting as staff to the Board, to proceed with issuance of a lease (BOT No: 520344133) for the use for the activity described herein.

The final documents required to execute the lease will be sent to the Department’s Division of State Lands. The Department intends to issue the lease, upon satisfactory execution of those documents, including payment of required fees and compliance with the previously issued Recommended Consolidated Intent to Issue. You may not begin construction of the activities described above until you receive a copy of the executed lease (BOT No: 520344133) from the Department.

Federal Authorization

A copy of this permit has been sent to the U.S. Army Corps of Engineers (USACE). The USACE may require a separate permit. Failure to obtain any required federal permits prior to construction could subject you to enforcement action by that agency.

Coastal Zone Management

This permit also constitutes a finding of consistency with Florida’s Coastal Zone Management Program, as required by Section 307 of the Coastal Management Act.

Water Quality Certification

This permit constitutes certification of compliance with state water quality standards under Section 401 of the Clean Water Act, 33 U.S.C. 1341.

Other Authorizations

You are advised that authorizations or permits for this project may be required by other federal, state or local entities, including the municipality/county in which the project is located. Please be sure to contact the local county building and environmental department to obtain these required authorizations. This permit does not relieve you from the requirements to obtain all other required permits or authorizations.

PROJECT LOCATION

The activities authorized by this permit and intent to grant authorization to use state-owned submerged lands are located within Boca Ciega Bay, a Class III Outstanding Florida Waterbody within Gulfport, Section 33, Township 31 South, Range 16 East, in Pinellas County, within the coordinates: (N27°44’07”, W82°42’36”), (N27°44’07”, W82°42’19”), (N27°44’02”, W82°42’19”), and (N27°44’02”, W82°42’36”).

Permittee: City of Gulfport/ Mooring Field Permit No.: 52-0153995-004 Page 2 of 14 Support facilities for the mooring field will be located at the City of Gulfport Municipal Marina, 4630 29th Avenue South, Gulfport, Section 33, Township 31 South, Range 16 East, in Pinellas County.

PERMIT CONDITIONS

The activities described herein must be conducted in accordance with:  The Specific Conditions  The General Conditions  The limits, conditions, and locations of work shown in the attached drawings  The term limits of this authorization

You are advised to read and understand these conditions and drawings prior to commencing the authorized activities, and to ensure that the work is conducted in conformance with all the terms, conditions, and drawings. If you are utilizing a contractor, the contractor should also read and understand these conditions and drawings prior to commencing the authorized activities. Failure to comply with these conditions shall constitute grounds for revocation of the permit and appropriate enforcement action by the Department.

Operation of the facility is not authorized except when determined to be in conformance with all applicable rules and this permit/certification/authorization and state-owned submerged lands authorization.

SPECIFIC CONDITIONS

1. Submittals required herein (e.g., progress reports, as-built drawings, etc.) shall include the permittee's name and permit number (52-0153995-004) and shall be directed by e- mail to [email protected] with a subject line of “Compliance: permit number 52- 0153995-004” or by mail to:

Department of Environmental Protection Southwest District Submerged Lands and Environmental Resource Program 13051 North Telecom Parkway Temple Terrace, FL 33637-0926

2. The permittee is hereby advised that Florida law states: "No person shall commence any excavation, construction, or other activity involving the use of sovereign or other lands of the state, title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund or the Department of Environmental Protection under Chapter 253, until such person has received from the Board of Trustees of the Internal Improvement Trust Fund the required lease, license, easement, or other form of consent authorizing the proposed use." Pursuant to Rule 18-14.002(1), F.A.C., if such work is done without consent, or if a person otherwise damages state land or products of state land, the Board of Trustees may levy administrative fines of up to $10,000 per offense.

Permittee: City of Gulfport/ Mooring Field Permit No.: 52-0153995-004 Page 3 of 14 PRIOR TO CONSTRUCTION CONDITIONS (The permittee shall comply with the following conditions prior to commencement of any construction activities)

3. The terms, conditions, and provisions of the required lease shall be met. Construction of this activity shall not commence on sovereign submerged lands, title to which is held by the Board of Trustees of the Internal Improvement Trust Fund, until all required lease documents (BOT No: 520344133) have been executed to the satisfaction of the Department.

4. At least 30 days prior to any construction authorized by this permit, the permittee shall provide the Department with written documentation (i.e. proof of purchase) and photographic documentation that a sewage pumpout vessel has been obtained for intended operation at the public mooring field. The written documentation and photographs shall be submitted to the Department for review and approval prior to construction commencement.

5. Best management practices for erosion control shall be implemented prior to construction commencement and shall be maintained at all times during construction to prevent siltation and turbid discharges in excess of the ambient turbidity levels of the surrounding Outstanding Florida Waters. Methods may include, but are not limited to the use of the installation of turbidity screens around the immediate project site.

CONSTRUCTION CONDITIONS

6. Wetland areas or waterbodies that are outside the specific limits of construction authorized by this permit, must be protected from erosion, sedimentation, siltation, scouring, excess turbidity, and/or dewatering. There shall be no discharge in violation of the water quality standards in Chapter 62-302, F.A.C. Turbidity/erosion controls shall be installed prior to construction and shall be maintained until construction is completed, disturbed areas are stabilized, and turbidity levels have fallen to less than ambient background. The turbidity and erosion control devices shall be removed within 14 days once these conditions are met.

7. The following measures shall be taken immediately by the permittee when turbidity levels within waters of the State surrounding the project site exceed the ambient water quality levels of the Outstanding Florida Waters:

a. Immediately cease work contributing to the water quality violation.

b. Modify the work procedures responsible for the violation, install additional turbidity containment devices and repair non-functioning turbidity containment devices.

c. Notify the Department within 24 hours of the time the violation is first detected.

Permittee: City of Gulfport/ Mooring Field Permit No.: 52-0153995-004 Page 4 of 14 8. Watercraft associated with the construction of the mooring field shall operate within waters of sufficient depth to preclude bottom scouring/prop dredging. There shall be a minimum 12-inch clearance between the deepest draft of the vessel (with the motor in the down position) and the top of submerged resources or the substrate as measured at mean low water.

9. Storage or stockpiling of tools and materials along the shoreline or within surface waters is prohibited unless specifically approved by this permit. Any and all construction debris shall be removed from the waters of the State within 14 days of construction completion.

10. The 25 permanent anchored mooring buoys shall be constructed with Helmken rock- cutting auger anchors, 18,000 lb-force lines, and 18-inch buoys as depicted on Sheet 7 of the attached permit drawings. The mooring buoys shall be installed at the coordinates shown on the attached permit drawings.

Manatee Construction Conditions

11. All personnel associated with the project shall be instructed about the presence of manatees and manatee speed zones, and the need to avoid collisions with and injury to manatees. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act, the Endangered Species Act, and the Florida Manatee Sanctuary Act.

12. All vessels associated with the construction project shall operate at "Idle Speed/No Wake” at all times while in the immediate area and while in water where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels will follow routes of deep water whenever possible.

13. Siltation or turbidity barriers shall be made of material in which manatees cannot become entangled, shall be properly secured, and shall be regularly monitored to avoid manatee entanglement or entrapment. Barriers must not impede manatee movement.

14. All on-site project personnel are responsible for observing water-related activities for the presence of manatee(s). All in-water operations, including vessels, must be shutdown if a manatee(s) comes within 50 feet of the operation. Activities will not resume until the manatee(s) has moved beyond the 50-foot radius of the project operation, or until 30 minutes elapses if the manatee(s) has not reappeared within 50 feet of the operation. Animals must not be herded away or harassed into leaving.

15. Any collision with or injury to a manatee shall be reported immediately to the FWC Hotline at 1-888-404-3922. Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1-904-731-3336) for north Florida or Vero

Permittee: City of Gulfport/ Mooring Field Permit No.: 52-0153995-004 Page 5 of 14 Beach (1-772-562-3909) for south Florida, and to FWC at [email protected]

16. Temporary signs concerning manatees shall be posted prior to and during all in-water project activities. All signs are to be removed by the permittee upon completion of the project. Temporary signs that have already been approved for this use by the Florida Fish and Wildlife Conservation Commission (FWC) must be used (see MyFWC.com/manatee). One sign which reads Caution: Boaters must be posted. A second sign measuring at least 8 1/2" by 11" explaining the requirements for “Idle Speed/No Wake” and the shut down of in-water operations must be posted in a location prominently visible to all personnel engaged in water-related activities. Questions concerning these signs can be sent to the email address listed above.

CONSTRUCTION COMPLETION CONDITIONS (The permittee shall comply with the following conditions prior to the transfer to operation phase or the beneficial occupancy of the mooring field. All documentation required below shall be included with the permittee’s request to transfer the project to the operation phase [Form No. 62-343.900(7), F.A.C.].)

17. The permittee shall submit two copies of signed, dated and sealed as-built drawings to the Department for review and approval within 30 days of completion of construction. The as-built drawings shall be based on the Department permitted construction drawings, which should be revised to reflect changes made during construction. Both the original design and constructed elevation must be clearly shown. The plans must be clearly labeled as "as-built" or "record" drawings. Surveyed dimensions and elevations required shall be verified and signed, dated and sealed by a Florida registered surveyor or engineer. As-builts shall be submitted to the Department regardless of whether or not deviations are present. In addition to the “As-built Certification” form; the permittee shall submit the “Request for Transfer of Environmental Resource Permit Construction Phase to Operation Phase” form as required in General Condition #13.

The following information shall be verified on the as-built drawings from the engineering drawings signed and sealed by A.M. Nicholson, P.E., #21377, on November 30, 2012:

Plan View/Cross-Section Drawing Number Swing Circle Centers Sheet 6 of 9 Anchor & Buoy Details/Sites Sheet 7 of 9

18. At least 30 days prior to the beneficial occupancy of the mooring field, the permittee shall submit written documentation to the Department that demonstrates that there are sufficient upland support facilities (i.e. restrooms, showers, laundry, sewage pumpout facilities, fueling facilities, and garbage dumpsters) at the municipal marina to accommodate the operation of the mooring field. This documentation shall include a plan view drawing of the marina with the location, type, and number of these facilities, clearly labeled.

Permittee: City of Gulfport/ Mooring Field Permit No.: 52-0153995-004 Page 6 of 14 19. The sewage pump-out vessel shall be obtained and in working order prior to any slip occupancy and transfer to operations of the mooring field. A sewage pumpout vessel shall be maintained and made available to the mooring field for the life of the facility.

20. At least 30 days prior to the occupancy of the mooring field, the permittee shall submit photographic documentation that informational kiosks have been installed at the City of Gulfport Casino, the City Pier, and the Municipal Marina. These kiosks shall contain information about sensitive resources, habitats and marine species within the vicinity of the mooring field.

OPERATING CONDITIONS (The permittee shall comply with the following operation conditions for the life of the facility.)

21. The permittee shall implement and enforce the attached City of Gulfport Mooring Field Management Plan for the life of the facility. Modifications to the mooring field management plan and the mooring field rules shall be submitted to the Department for review and approval prior to implementation.

22. All users of the mooring field shall be registered with marina management and shall sign the mooring field management plan. All users of the mooring field shall be provided a copy of the mooring field rules for the use and operation of the mooring field at the time the field management plan is signed. The permittee shall maintain records of active mooring field registrants. These records shall be made available to the Department upon request.

23. Upon registration, marina management shall inform users of the mooring field of the availability of the sewage pumpout vessel and nearby sewage pumpout facilities. Marina management shall also advise all users of the mooring field that overboard discharges of trash, human or animal waste, or discharge from any holding tank or marina sanitation device is prohibited within the mooring field. The permittee shall maintain records of active mooring field registrants that have received this notification from marina management. These records shall be made available to the Department upon request.

24. Upon registration with marina management, all vessels shall have their sewage holding tanks inspected and emptied into the sewage pumpout vessel prior to mooring. The permittee shall maintain records of active mooring field registrants that have had their tanks inspected. These records shall be made available to the Department upon request.

25. For vessels with functional heads with holding tanks, the vessels shall have their tanks pumped at the sewage pumpout station or by the sewage pumpout vessel no less than every three days without fail. In addition, a dye tab shall be placed into the head no less than every five days. The permittee shall maintain daily records of vessels using the pumpouts. Copies of the logs shall be available for inspection by the Department during normal business hours.

Permittee: City of Gulfport/ Mooring Field Permit No.: 52-0153995-004 Page 7 of 14 26. For vessels with functional heads without holding tanks, marina management shall affix an approved seal (i.e., the type used on water meters) on the closed seacock of each vessel. Marina management shall inspect these seals every 30 days (to assure that the seacock remains closed) and record this in a log that will remain available for inspection by the Department during normal business hours. The log entries shall include the following:

a. Date of inspection; b. An entry that the seal has remained intact; c. Vessel identification (i.e., name, registration number); and d. Signature of the inspector.

27. The permittee shall ensure that the dockmaster or designee trained in the operation of the mooring field is present at the marina facility during normal business hours.

28. Vessels moored at the mooring field shall be provided access to operational upland facilities located at the City of Gulfport Municipal Marina including restrooms, showers, laundry, sewage pumpout facilities, fueling facilities, and garbage dumpsters.

29. The docking facility is limited to the mooring of 25 vessels within the slips defined on the attached permit drawings.

30. There shall be a minimum 12-inch clearance between the deepest draft of the vessel (with the motor in the down position) and the top of submerged resources or substrate for all vessels associated with the use of the docking facility as measured at mean low water.

31. Boat maintenance or repair activities that require the removal of a vessel from the water, or removal of major portions of the vessel, including the engine, for purposes of routine repair or maintenance on site are prohibited over water at the facility, except where such activities are necessitated by emergency conditions which have resulted in or can result in the sinking of a vessel. Specifically prohibited shall be hull scraping, stripping, sanding, painting, recoating, and other maintenance or repair activities that may result in degradation of water quality from discharges or release of potential contaminants into waters of the state.

32. Overboard discharges of trash, human or animal waste, or fuel shall not occur at the mooring field.

33. Fueling facilities shall not be provided within the mooring field.

34. The permittee shall ensure that there is only one vessel per mooring buoy. However, a dinghy associated with that vessel is allowed.

Permittee: City of Gulfport/ Mooring Field Permit No.: 52-0153995-004 Page 8 of 14 35. The permittee shall ensure that the length of vessels within the mooring field do not exceed the mooring buoy slip swing radii shown on the attached project drawings.

GENERAL CONDITIONS

1. All activities shall be implemented as set forth in the plans, specifications and performance criteria as approved by this permit. Any deviation from the permitted activity and the conditions for undertaking that activity shall constitute a violation of this permit.

2. This permit or a copy thereof, complete with all conditions, attachments, exhibits, and modifications, shall be kept at the work site of the permitted activity. The complete permit shall be available for review at the work site upon request by Department staff. The permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit.

3. Activities approved by this permit shall be conducted in a manner that does not cause violations of state water quality standards. The permittee shall implement best management practices for erosion and pollution control to prevent violation of state water quality standards. Temporary erosion control shall be implemented prior to and during construction and permanent control measures shall be completed within seven days of any construction activity. Turbidity barriers shall be installed and maintained at all locations where the possibility of transferring suspended solids into the receiving waterbody exists due to the permitted work. Turbidity barriers shall remain in place at all locations until construction is completed and soils are stabilized and vegetation has been established. Thereafter the permittee shall be responsible for the removal of the barriers. The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources.

4. Water quality data for the water discharged from the permittee’s property or into the surface waters of the state shall be submitted to the Department as required by the permit. Analyses shall be performed according to procedures outlined in the current edition of Standard Methods for the Examination of Water and Wastewater by the American Public Health Association or Methods for Chemical Analyses of Water and Wastes by the U.S. Environmental Protection Agency. If water quality data are required, the permittee shall provide data as required on volumes of water discharged, including total volume discharged during the days of sampling and total monthly volume discharged from the property or into surface waters of the state.

5. Department staff must be notified in advance of any proposed construction dewatering. If the dewatering activity is likely to result in offsite discharge or sediment transport into wetlands or surface waters, a written dewatering plan must either have been submitted and approved with the permit application or submitted to the Department as a permit prior to the dewatering event as a permit modification. The permittee is advised that the

Permittee: City of Gulfport/ Mooring Field Permit No.: 52-0153995-004 Page 9 of 14 rules of the Southwest Florida Water Management District state that a water use permit may be required prior to any use exceeding the thresholds in Chapter 40D-2, F.A.C.

6. Stabilization measures shall be initiated for erosion and sediment control on disturbed areas as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased, but in no case more than seven days after the construction activity in that portion of the site has temporarily or permanently ceased.

7. Off site discharges during construction and development shall be made only through the facilities authorized by this permit. Water discharged from the project shall be through structures having a mechanism suitable for regulating upstream stages. Stages may be subject to operation schedules satisfactory to the Department.

8. The permittee shall complete construction of all aspects of the surface water management system, including wetland compensation (grading mulching, planting), water quality treatment features, and discharge control facilities prior to beneficial occupancy or use of the development being served by this system.

9. The following shall be properly abandoned and/or removed in accordance with the applicable regulations:

a. Any existing wells in the path of construction shall be properly plugged and abandoned by a licensed well contractor.

b. Any existing septic tanks on site shall be abandoned at the beginning of construction.

c. Any existing fuel storage tanks and fuel pumps shall be removed at the beginning of construction.

10. All surface water management systems shall be operated to conserve water in order to maintain environmental quality and resource protection; to increase the efficiency of transport, application and use; to decrease waste; to minimize unnatural runoff from the property and to minimize dewatering of offsite property.

11. At least 48 hours prior to commencement of activity authorized by this permit, the permittee shall submit to the Department a written notification of commencement using an “Environmental Resource Permit Construction Commencement” notice (Form No. 62- 343.900(3), F.A.C.) indicating the actual start date and the expected completion date.

12. Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior to the occupation of the site or operation of site infrastructure located within the area served by that portion or phase of the system. Each phase or independent portion of the system must be completed in accordance with the permitted plans and permit conditions prior to transfer of

Permittee: City of Gulfport/ Mooring Field Permit No.: 52-0153995-004 Page 10 of 14 responsibility for operation and maintenance of that phase or portion of the system to a local government or other responsible entity.

13. Within 30 days after completion of construction of the permitted activity, the permittee shall submit a written statement of completion and certification by a registered professional engineer or other appropriate individual as authorized by law, utilizing the required “Environmental Resource Permit As-Built Certification by a Registered Professional” (Form No. 62-343.900(5), F.A.C.), and “Request for Transfer of Environmental Resource Permit Construction Phase to Operation Phase” (Form 62-343- 900(7), F.A.C.). Additionally, if deviations from the approved drawings are discovered during the certification process, the certification must be accompanied by a copy of the approved permit drawings with deviations noted.

14. This permit is valid only for the specific processes, operations and designs indicated on the approved drawings or exhibits submitted in support of the permit application. Any substantial deviation from the approved drawings, exhibits, specifications or permit conditions, including construction within the total land area but outside the approved project area(s), may constitute grounds for revocation or enforcement action by the Department, unless a modification has been applied for and approved. Examples of substantial deviations include excavation of ponds, ditches or sump areas deeper than shown on the approved plans.

15. The operation phase of this permit shall not become effective until the permittee has complied with the requirements of the conditions herein, the Department determines the system to be in compliance with the permitted plans, and the entity approved by the Department accepts responsibility for operation and maintenance of the system. The permit may not be transferred to the operation and maintenance entity approved by the Department until the operation phase of the permit becomes effective. Following inspection and approval of the permitted system by the Department, the permittee shall request transfer of the permit to the responsible operation and maintenance entity approved by the Department, if different from the permittee. Until a transfer is approved by the Department pursuant to Section 62-343.110(1)(d), F.A.C., the permittee shall be liable for compliance with the terms of the permit.

16. Should any other regulatory agency require changes to the permitted system, the Department shall be notified of the changes prior to implementation so that a determination can be made whether a permit modification is required.

17. This permit does not eliminate the necessity to obtain any required federal, state, local and special district authorizations including a determination of the proposed activities’ compliance with the applicable comprehensive plan prior to the start of any activity approved by this permit.

18. This permit does not convey to the permittee or create in the permittee any property right, or any interest in real property, nor does it authorize any entrance upon or activities on

Permittee: City of Gulfport/ Mooring Field Permit No.: 52-0153995-004 Page 11 of 14 property which is not owned or controlled by the permittee, or convey any rights or privileges other than those specified in the permit and Chapter 40D-4 or Chapter 40D-40, F.A.C.

19. The permittee is hereby advised that Section 253.77, F.S., states that a person may not commence any excavation, construction, other activity involving the use of sovereign or other lands of the state, the title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund without obtaining the required lease, license, easement, or other form of consent authorizing the proposed use. Therefore, the permittee is responsible for obtaining any necessary authorizations from the Board of Trustees prior to commencing activity on sovereignty lands or other state-owned lands.

20. The permittee shall hold and save the Department harmless from any and all damages, claims, or liabilities which may arise by reason of the activities authorized by the permit or any use of the permitted system.

21. Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered binding unless a specific condition of this permit or a formal determination under section 373.421(2), F.S., provides otherwise.

22. The permittee shall notify the Department in writing within 30 days of any sale, conveyance, or other transfer of ownership or control of the permitted system or the real property at which the permitted system is located. All transfers of ownership or transfers of a permit are subject to the requirements of section 62-343.130, F.A.C. The permittee transferring the permit shall remain liable for any corrective actions that may be required as a result of any permit violations prior to such sale, conveyance or other transfer.

23. Upon reasonable notice to the permittee, Department authorized staff with proper identification shall have permission to enter, inspect, sample and test the system to insure conformity with Department rules, regulations and conditions of the permits.

24. If historical or archaeological artifacts are discovered at any time on the project site, the permittee shall immediately notify the Department and the Florida Department of State, Division of Historical Resources.

25. The permittee shall immediately notify the Department in writing of any previously submitted information that is later discovered to be inaccurate.

Permittee: City of Gulfport/ Mooring Field Permit No.: 52-0153995-004 Page 12 of 14 Executed in Hillsborough County, Florida.

STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION

______Mary E. Yeargan, PG Southwest District Director Florida Department of Environmental Protection

MEY/ko

Attachments: Commencement notice /62-343.900(3) (1 page) Annual status report/62-343.900(4) (1 page) As-built certification/62-343.900(5) (1 page) Transfer construction to operation phase/62-343.900(7) (1 page) Application for transfer of an ERP /62-343.900(8) (1 page) Project Drawings and Design Specifications, (4 pages) Mooring Field Management Plan and Rules, (9 pages) Manatee Caution Sign, (1 page)

Copies furnished to: DEP, Office of General Counsel, [email protected] U.S. Army Corps of Engineers, [email protected] FWC, Imperiled Species Management Section, [email protected] Geoffrey Lane, ML Consulting, [email protected] Andrew Nicholson, P.E., Challenger Enterprises, Inc., [email protected] Denis Frain, City of Gulfport Harbormaster, [email protected]

Permittee: City of Gulfport/ Mooring Field Permit No.: 52-0153995-004 Page 13 of 14 CERTIFICATE OF SERVICE

The undersigned hereby certifies that this permit, including all copies, was mailed before the close of business on June 13, 2013, to the above listed persons.

FILING AND ACKNOWLEDGMENT

FILED, on this date, under 120.52(7) of the Florida Statutes, with the designated Department Clerk, receipt of which is hereby acknowledged.

______6-13-13 Clerk Date

Permittee: City of Gulfport/ Mooring Field Permit No.: 52-0153995-004 Page 14 of 14 ENVIRONMENTAL RESOURCE PERMIT Construction Commencement Notice

Project: Phase:

I hereby notify the Department of Environmental Protection that the construction of the surface water management system authorized by Environmental Resource Permit Number has commenced / is expected to commence on and will require a duration of approximately months weeks days to complete. It is understood that should the construction term extend beyond one year, I am obligated to submit the Annual Status Report for surface Water Management System

Construction.

PLEASE NOTE: If the actual construction commencement date is not known, Department staff should be so notified in writing in order to satisfy permit conditions.

Permittee or Authorized Agent Title and Company Date

Phone Address Environmental Resource Permit Annual Status Report

Florida Department of Environmental Protection

PERMIT NUMBER: COUNTY:

PROJECT NAME: PHASE:

The following activity has occurred at the above referenced poroject during the past year, between June 1, and May 30, .

Permit Condition/Activity % of Completion Date of Anticipated Date of Completion Completion

(Use Additional Sheets As Necessary)

Benchmark Description (one per major control structure):

Print Name Phone

Permittee’s or Aurthorized Agent’s Signature Title and Company Date

This form shall be submitted to the above referenced Department Office during June of each year for activities whose duration of construction exceeds one year. ENVIRONMENTAL RESOURCE PERMIT AS-BUILT CERTIFICATION BY A REGISTERED PROFESSIONAL

Permit Number:

Project Name:

I hereby certify that all components of this surface water management system have been built substantially in accordance with the approved plans and specifications and are ready for inspection. Any substantial deviations (noted below) from the approved plans and specifications will not prevent the system from functioning as designed when properly maintained and operated. These determinations are based upon on- site observation of the system conducted by me or by my designee under my direct supervision and/or my review of as-built plans certified by a registered professional or Land Surveyor licensed in the State of Florida.

______Name (please print) Signature of Professional

Company Name Florida Registration Number

Company Address Date

City, State, Zip Code

Telephone Number (Affix Seal)

Substantial deviations from the approved plans and specifications:

(Note: attach two copies of as-built plans when there are substantial deviations)

Within 30 days of completion of the system, submit two copies of the form to: Request for Transfer of Environmental Resource Permit Construction Phase to Operation Phase

(To be completed and submitted by the operating entity)

Florida Department of Environmental Protection

It is requested that Department Permit Number authorizing the construction and operation of a surface water management system for the below mention project be transferred from the construction phase permittee to the operation phase operating entity.

Project:

From: Name: Address: City: State: Zip:

To: Name: Address: City: State: Zip:

The surface water management facilities are hereby accepted for operation and maintenance in accordance with the engineers certification and as outlined in the restrictive covenants and articles of incorporation for the operating entity. Enclosed is a copy of the document transferring title of the operating entity for the common areas on which the surface water management system is located. Note that if the operating entity has not been previously approved, the applicant should contact the Department staff prior to filing for a permit transfer.

The undersigned hereby agrees that all terms and conditions of the permit and subsequent modifications, if any, have been reviewed, are understood and are hereby accepted. Any proposed modifications shall be applied for and obtained prior to such modification.

Operating Entity:

Title: Name

Telephone:

Enclosure

copy of recorded transfer of title surface water management system □ Coy of plat(s) □ Copy of recorded restrictive covenants, articles of incorporation, and certificate of incorporation. APPLICATION FOR TRANSFER OF ENVIRONMENTAL RESOURCE PERMIT AND NOTIFICATION OF SALE OF A FACILITY OR SURFACE WATER MANAGEMENT SYSTEM

Permit No. Date Issued Date Expires

FROM (Name of Current Permit Holder)

Mailing Address

City State Zip Code

Telephone: ( )

Identification or Name of Facility/Surface Water Management System:

Phase of Facility/Surface Water Management System (if applicable): The undersigned hereby notifies the Department of the sale or legal transfer of this facility, or surface-water management system, and further agrees to assign all rights and obligations as permittee to the applicant in the event the Department agrees to the transfer of permit.

Signature of the current permittee:

Title (if any): Date:

TO (Name of Proposed Permit Transferee):

Mailing Address:

City: State: Zip Code:

Telephone: ( )

The undersigned hereby notifies the Department of having acquired the title to this facility, or surface-water management system. The undersigned also states he or she has examined the application and documents submitted by the current permittee, the basis of which the permit was issued by the Department, and states they accurately and completely describe the permitted activity or project. The undersigned further attests to being familiar with the permit, agrees to comply with its terms and with its conditions, and agrees to assume the rights and liabilities contained in the permit. The undersigned also agrees to promptly notify the Department of any future changes in ownership of, or responsibility for, the permitted activity or project.

Signature of the applicant (Transferee):

Title (if any): Date:

Project Engineer Name (if applicable)

Mailing Address:

Telephone: ( ) t

City of Gulfport ~1 Inch (I,- '1oooft.

West Riwlan Line

Proposed Mooring Field Proposed Mooring Field ==111===<::-=>1=-~=~=im:D ~:.:::-..:r':_,_., __1~ =of~~._..,.,..,,.,..,1:.:-..:-...:....._~ center of bay. u.::.~-=- ---bwll-=:L.by=- - ~rox 111111~ a ,_ tran11mttpatdl• ~-::of ...:rraak :r'l ..OllldINI noted that 1M ~ """' mtdl• '" CIOllf:lauaulw1111 ,.,..... 1cnm1end main 11th of ~ '°:!.::r =-=~~~~ But. much of the -- ..... =II la=::::.dc..JID DDntatll amtla wgetCltlCIII .ullh - INldkl'I PIJIIW· Boca Ciega Bay ~:::::::mao: ::::::::::::::: SECTION 33, TOWNSHIP31 SOUTH, RANGE 16 EAST ?-@illlOIIII LJ!ililiii ii I I I PINELLAS COUNTY, FLORIDA

...... ©Copyright REVISIONS ., - s""'""""· •~ rn s2B'"i"'""'~,~-~, '"'"" Ch~ir;;g;;' ...."'"""""'" City of Gulfpod 11/9/2011 0 Mooring Field to 25 Slips -- '"' [nterrn~ses Mooring Field IUW ~ Relationship to QIJ-Pror,erty Unes.dwg MArL· P O B<>X285. Boca Ciega Bay -., Sofely Herl><>". Flo,"1

Said Area lies entirely within Boca Ciego Boy, City of Gulfport, in Section 33, Township 31 South, Range 16 East. COMMENCE at Notional Geodetic Monument PCDSM GPS 33, N1237978.120, E272288.029, thence run S 37'11'27"W, 1, 1093.08 feet for a POB.

Thence run, soo·oo·oo"E, 510.57 ft, thence run sgo·oo'oo"w. 1,495.02 ft. thence run, Noo·oo·oo"E, 510.57 ft, thence run, N90"00'00"E, 1,495.02', to the POB.

Containing 763312.36 Sq. Ft, 17.5232 Acres (M.O.L.)

Second upland monument tie: The tie call from NGS Monument PCDSM GPS 34, N1,237,867.147, [272,229.889, to the Parcel POB is as follows:S 25'11 '04" W, 886.58 Feet (mo/)

N2r44'07" W82"-t.2'36. ~ OtEnvironmeritai..... "'·'-''- .. ,s JAN15Cc~ 1i N2T44'04• N2744'04• W82'42'19• W82'.$2'36· ~ Distt1r- ~1 .J:' !'11,o.. f: For overwoter improvements, See Sheet 6 for mooring buoy . swfng circle center coordinates and f sheet 7 for marker buoy locatfon IN2T#'02" I - S90'00'oo• r.::==c=-{ - 2 Fi coordinates and construction det0Rswa2•42•3e• ------tN2T44'02• N2744'02" N2744'02· both, Wllllni:it.r'11£ W82~2'.U" WBT-42'29• W82~'22• ,...... "T... , .. I "'M,,-ti,la.-.' Certified to: City of Gulfport, FL Florido Boord of Trustess of The Internal Improvement Trust Fund

I hereby certify that the survey represented hereon meets tl7e NOTE: All work is in State Plane Coordinates, NAO 27, to be minimum technical standards set forth by the Florido Board of Professional Lond Surveyors in Chapter 61G17-6, consistent with Pinellas County Property Appraiser Mopping. Florido Administrative Code, Pursuant to Section 472.027, Florido Statutes. Not volid unless signed ond embossed with seal. Surveyor of Record: Andrew M. Nich?lsor,, PE--PLS, ©copyrigh PRO.ECTHME ..... Challenger Mlt:11/11 /2011 Enterprises City of Gulfport Inc. Proposed Mooring Field Pinellas County Proposed Legal Description I OJ-Lego/s.dwg MA,u P O So, 285. - I s.,r.,, Ho,oo,, f,.,,.Ido :;.o,;95-0285 Boca Ciega Bay Specfal Purpose Survey _.111'- ~~~'F~r'/.~:tt.:~o°'~,, Sketch PhOlle & Fox (727) 236-3642~w ~ City of Gulfport, Florido ~77'£~ Jof9 florido urvewir s Re

PROPOSED MOORING FIELD Mooring Number Northing Easting Latitude (N) Longitude (W) 1 i~~~J:]~:l~f~~~:~ I~~ri~f~ ~~~::~~~~::~~~1~:~:~:] IMooringNo. i 3 ..i....1236979.8463 ...i 270931.4976 N.27'44'06.106". i W82'42'29,24,5" I iMooringNo.1 4"[ '1236979.8463·t 211225.9462 l N·27;44i(ls.ii3;1 · -·-ws2;·42i25_95S;,-l l~:::f~:~;:III~:~~i]~:~r1·I~~::::1 ~~:~:!1~:·1

!Moorin.gNo. I 7 J.1236894.8463 1. 270784.2733. I N27'44'05.256" W82'42'30.878"

11 iMo()ri_r,_g_No,_t 8 1236894.8463....l __271078.7219 .· W82"42'27.601" I N27"44'~5.273 ---~----<» " . --·· ---- 11 1 lfy1~5~_~r,~"N'?.•.---L-~J.~~-~-~--. 271373.1706 ! N 27°44'05.289 W82"42 24,325" W82"42'21.048" ··-- .. ___,,_,,.,' ....- ... i~:~~~:~:'.+ii1~&~'.~cij I ···~~;::~:fa::: W82'42'35.787" i~~:~+.. I "'"""" -··"'"' .,,,.-~ i·-·" ,,._,. · '""··-·-" -•·····- ··---, --~ - -· -·- ,., --······-- ""'"""""•- ,_ •• """"' _,,,., .. __•• ---·---·· ... 11111~0.neNo. ' 12 I _1236809.8463 270637.0490 N27"44'04.406" W 82°42'32..Sll"

11 ,!Mooring No. ,: 13 / 1236809.8463 .i 2709314976 N 2r44'04.423 W82"42'29.234u ;M;;Oli-;:,gNo. : 14 ' 1236809.8463 I 271225.9462 . N27"44'04.439" W82'42'25..957" I - ~ j -··-. _ ...... ,. __,._- ""••.,-1". ·-• .... ,..,_,.__...... - +· ...."""""- .... "'"- 1 " - Mooring No. j ~ ~-}·~-~-~-~--~~-..!.._2.7-~-~--~.~ -l.. N 27°~~:~~.~-- .. : .....\N..~.2.~-~~!22~1u 1 11 11 ,Mooring No,! 161 1236724,8463 l 270489.8247 ' N 2r44 03.556 : W82"42'34.144 1 rM~;1~gN~-.-..1·i1T··1i36724:846iT"210184.2733 ---N-2r4ioa.s7·2; -- ·\ -•--w·a2;4213li86711 :.r0~~-;i~~:N?:-·r·is..r1?367~.8463_ 1·211()1S:·1_2li)_, N···2i44;oa.s_gg;. ····· ·-w_·92;4~;21,5~.~- ..

1 11 11 ; Mooring No. i 19 I 1236724.8463 l 271373,1706 I N 27°44 03.606 [ W 82°42'24.314 iM~~-~i-~'m'N~·:·r-20r12357ii846it271667:6192' ...... N"'27;~;03.623ii" . ws2°42i2io37 11 ; ."•-. "" ---. . -...·"·- -r ...'- _,,....""""• _.. _ ..____ .,"""" ..""" a ' ' """ ''""""'" .. - • ---.. """""' ..... ,..... " - " - '""' """'". - "-; " 11 1 iMoo_rlngNo. :___21_!.. 1236639.~63 \ 2~_342.~ :.. _N27°44'02.706 W82°42'35,nG_" iM;;;;,,~gNo:! 22 i -1236639:siss·r270637.0490-7 .. N27'44'02.722" ws2•42•3isoo•; !M~~;.;~;;N~.1 23ri236639:ii4ss 1·27CJ931.11iis···· ····rii2:i;4

Note: State Plane Coordinates, NAO 29, Florida West Zone ©copyright I"""' ~-IWtlE -PLAN r-• REVISIONS , .,. 1-j"-""''"""ITT rn 5284 Cha//enqer City of Gulfport 08/27/12 to 25 Slips AMN ,,,.,-, "' "'" Ente~~~ses Pinellas County Revised Mooring Field Coordinate Tables 06-COORD!NAT[S.dwg A MAA. P D Sox 285, of proposed • Sofety lfo.-bo; rtot~o 3,ss5-02B5 _L__j Boca Ciego Boy 0 ~lorlda -iij. AMII t1/1/00I' ~'}",,..i5i~,~~•,#';-J/J'.l'6ss Gulfport Mooring Swing Circles y/· City Gulfport, Florido At.IN IVD/001• """"'' ,, ,,,,. o,.,r~,~-,0,,_, 0,. P/lone &: rox (727) 236-3642 f//. . /~_,.)11/J of ,,... """'DW"'"~~G-- 6., g ,ePR0"'1JI AMN, .,..,.,-, S<>JJ"""""r,,,.,,IJUoa Flo,it!O P,ol0$,;,,,,or 1:n_

Marker Marker Site No. Northing Easting Latitude (N) Longitude (W) Site No. Northing Easting Latitude (N) Longitude (W)

Ma,k,,c 1 !, 1~357_~)1978' 269389.2810 -~p-44:~_994". VJ.82'42'20,113" .M~~_r_ ]_3:1,j_,~497~,,'...... r'.t?t'.11-'.91.~B~'.WB?"42'36.717" , 2 i 1235306.6129 21:9388.9824 , N 27•1!4~469'• ; W82'42120.(87'• ... z~i~ -~r!<~~-- '~a_rl

i'_Marker___ i )"1234898.~_;....: 267475.6554-N..?7_;44,9~81if_ ....~·1 ~:si~4l~-~: .~£;~..~..:..:ntT~tttf:t:·-~ ·!~tft..::~);~t{f(:· "'.·"-;;1~i~:.

Blue Stripe Water level f9000 Jim-Buoy Ught BEAK:&.TOBY ffl!OY Dlclmeter 9• 1...... SlalnJen Steel"".l"" :SS).. 'I -➔--.W---OYerallheight ao• >"ORANGE Exposure w/o tackle e• REFLECTIVEBAND Drott 39• - Chafing hose ______.T Nat Weight 77# 2" ~bffi""• Eye splice Foam Per MIL-P-21929 -(J Amendment 1, Except ·~~AN&) flrt reafstanc• ··ws~ .--_Shackle ...... -~ REFLECTIVE Spedal Downllne with StarmSoft 11 !" Ill.Ao

Auv--Anchor Underwater float ~ Keeps Oown-line off bottom Text

MOORING l:is21i..All components FIELD IHelmken Rock Cutting Auger Anchor to hove a minimum 1-3/4• aquan, shaft breaking strength of 18,000 lbs force.

REGULATORY BUOY DETAILS MOORING BUOY DETAILS N.T.S. ,) N.T.S. @copyright

0 ...... REVISIONS EB ;';:;"" """ ""''"""''"• " '"' rCh;•,/~~• c;;"'"'ta,,••"""" City of Gulfport r--r-~ 5 ""' 8/28/2012 0 9 SI "• Enterprises Pir:iellas County Revised Mooring Field Anchor & Buoy Details IZW to 25 p 07-DETAILS.dwg A Inc. Boca Ciego Boy Regulatory Buoy Sites ._-,, MArL· P O Bo, 2S5 ..... AMN • Sofoiy Ho,oo,. flocJo~ .H695-02B5 ~• City of Gulfport, Florido Gulfport Municipal Mooring Fields AMN .,,..,,.,, W..?c$~,,5'/?.Z,!'tt:./9o°f~1'55 PMM ,k ro, (727) 236-3642 7 ot 9 APPl>O>t:OAMN /z,/,o,, v,,-., °'..~~°'"''"•,.,,_,.,. City of Gulfport Mooring Field Management Plan

1.0 Scope and Intent of Management Plan:

This Management Plan (Plan) provides the framework for the operation and use of the City of Gulfport Mooring Field (Facility). The rules and regulations contained within this Plan apply to any vessels, owners, crew, guests, or any other persons entering the Facility. Failure to comply with the rules and regulations of this Plan shall be sufficient grounds for ejection from the mooring field.

Facility Locations

Casino Ballroom :\lunicipal :\farina Williams Fishing Oocation of upland support facilities) Pier

Boca Ciega Bay

Facility Location Map (Figure 1)

Managed Mooring Field

The City of Gulfport’s (City) Managed Mooring Field is located approximately 420 feet offshore and near the Gulfport Casino Dock. The mooring field is a 17.52-acre area (approximately 510.6 feet north – south by 1,495 feet east – west). Designed with 25 mooring areas of equal swing radii, this mooring field will accommodate sailboats that have a maximum length of 60 feet. Gulfport Marina

The Gulfport Municipal Marina is a public marina located within an existing basin. The marina consists of 265 wet slips with easy access to the Gulf of Mexico. The marina provides marine supplies, docks, secure moorings for pleasure boats both permanent and transient and offers upland facilities such as fuel, sewage pump-out, laundry facilities, garbage disposal, restrooms, showers, electric, and telephone and internet access. The Marina is a certified “Clean Marina” as recognized by the Florida Department of Environmental Protection (FDEP). Mooring Field users will register at the marina office.

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Plu• l - W -·

(1 f) [ ·--·-~-~

D•b•S.. K..,,_ ""'~..... ,, ...... , ••• , •• G ulfport ?\ lo:o_,tc-tpn .. t ~ lartnn S O«- Phm <5) . ... ,_ - Gulfport Municipal Marina (Figure 2)

Upland Amenities

The City of Gulfport Municipal Marina will host upland amenities for the mooring field including restrooms, showers, fueling, and public sewage pumpout units. The municipal marina contains a 2,600-square-foot, 325-linear-foot floating public dock that can accommodate the mooring of up to 8 vessels and several dinghies. This floating dock will provide mooring field registrants with access to the marina’s upland facilities. A sewage pumpout vessel will also be made available by the City and kept at the municipal marina. Additional upland amenities may be found at the locations described in Table 1. Table 1 S SUMMARY

AMENllY LOCATIONS

PUMPOUT STATION Gu!fport Marina Pumpout Vessel Planned

GASOLINE AND DIESEL FUEL Gul!port Marina

PUBLIC RESTROOMS Gulfport Marina Gulfport Beach

PUBLIC SHOWER FACILITIES Enclosed Men/Ladies at Gulfport Marina Open Beach-Style Show,,rs at Gulfport Beach

COURTESY AND DINGHY DOCKS Gulfport Beach Gulfport Marina

COIN LAUNDRY Waterfront District & Gulfport Marina

GROCERIES & SUNDRIES Waterfront District

TELEPHONE Gulfport Marina Gulfport Beach Walerfront District

POST OFFICE Waterfront District

INTERNET ACCESS Gulfport Marina Holspot __'-=W '"'a'7te"'rfront District ~spots at s""'ral business establishments) Gulfport Libra!)' ~ •cent to Waterfront District) ,

WEATHER INFORMATION Gulfport Marina

CATV NEWS Gulfport Marina Gulfp ort Ubrary~djacent to W aterfront Oistri9t

EATING & DRINKING ESTABLISHMENTS Waterfront District

COMPLAINT SERVICES Harbormasters Office • Marine Radio Channel 16 or Telephone Number 727-893-1071

POLICE SERVICES Police Boat In-Ser.ice· 911 on Cell Phone for Area Code 727 or Harbormasters Office • Marine Radio Channel 16 or Cell Phone --~N=um= ber 727-365-2446 2.0 FACILITY RULES AND REGULATIONS

2.1 Harbormaster Authority

The Harbormaster shall enforce the provisions of the Sovereign Submerged Lands Lease and all permits granted for the Facility. The Harbormaster shall assign each vessel to a mooring. No vessel shall occupy any mooring without the approval of the Harbormaster. The transfer of vessels from one mooring to another must be authorized by the Harbormaster. Anchoring within the marked boundaries of the facility is prohibited unless approved by the Harbormaster. For safety, security, or other management considerations the Harbormaster may move or relocate any vessel from one mooring to any other mooring at the sole discretion of the Harbormaster.

City Code Sections, such as 6-29, 6-43, 6-45 and 6-54, empowers the Harbormaster to administer and enforce mooring field regulations. These powers are to be liberally construed, and specifically include, but are not limited to:

• The ability to impound vessels that are abandoned in the mooring field and process the vessel in accordance with State law and City ordinances.

• The right to board vessels, in accordance with the contractual agreement between the City and lessee in exchange for a right to use the mooring, and to respond to an on-board emergency when the lessee is not on-board. This would include measures to save the vessel or limit damage, or stop the discharge of pollutants into the environment.

• Make a safety or environmental equipment inspection, after providing reasonable notice.

• Checking and correcting the mooring tackle to make it more survivable in the event of an impending storm.

2.2 Operational Vessels Only

Only sailboats in compliance with the United States Coast Guard (USCG) environmental and safety standards and Chapter 327, Florida State Statutes are authorized to moor at the Facility. Only vessels in good operational condition, capable of maneuvering under their own power and with current registration or documentation are authorized to moor at the Facility. The determination of whether a vessel is in good operational condition is the sole discretion of the Harbormaster. Vessels without integral or functional power for propulsion are prohibited from mooring at the Facility.

2.3 Vessel Equipment Requirements

All vessels should have a dinghy or other small craft as an alternate means of conveyance to enable access to the Harbormaster’s Office and upland amenities provided by the Gulfport Municipal Marina. In the absence of a dinghy, the vessel owner shall inform the Harbormaster at the time of entry into the Facility. The lack of a dinghy shall not be cause to refuse the rental of a mooring area. The Harbormaster may allow the use of a Facility dinghy for the vessel occupants to access the upland property, if such a dinghy is available and on the condition that the use of that dinghy is and remains at the sole risk of the user. It is the sole responsibility of vessel occupants to provide their own conveyance to the upland facilities. The City is under no obligation to own, operate, or maintain a dinghy for the exclusive use of mooring patrons.

2.4 Commercial Use of Moorings Prohibited

Commercial activities and vessels engaged in commercial activities are prohibited within the Facility. However, this does not prohibit commercial vessels from visiting or using the Facility or its amenities. No advertising or soliciting shall be authorized on any vessel within the Facility, with the exception of “for sale by owner” signs not to exceed 2 square feet in size. Each vessel shall be limited to a maximum of two (2) such signs. Use of moorings for brokerage purposes is strictly prohibited.

2.5 Mooring of Vessels

All persons arriving by vessel or dinghy must register at the Harbormaster’s Office within twelve (12) hours of arrival. Vessels shall be moored in designated mooring areas only, as assigned by the Harbormaster. The sole method for securing a vessel to a mooring shall be by securing the bow of the vessel to the mooring buoy pendant. Securing the mooring to the stern of any vessel is prohibited. Additionally, the use of additional anchors to supplement the mooring provided is prohibited. Anchoring within the marked boundaries of the facility is prohibited unless approved by the Harbormaster. Dinghies shall be kept on board the vessel when not in use and shall not impede or restrict access to fairways or channels. Subleasing of the vessel or assignment of the rental agreement is prohibited. Rafting or mooring of more than one vessel to any buoy, without prior approval of the Harbormaster, is prohibited.

2.6 Length of Stay

The mooring field will accommodate sailboats and will be open to the general public on a first-come, first-served basis. The mooring field will accommodate both liveaboard and transient vessels. A liveaboard vessel is defined as a “vessel docked at the facility and inhabited by a person or persons for any five consecutive days or a total of ten days within a 30 day period.” Liveaboard status at the facility will not exceed six months within a 12 month period, nor shall any such vessel constitute a legal primary residence.”

2.7 Illegal Activities Prohibited

Any illegal activity within the Facility is grounds for immediate prosecution under the provisions of Florida law. It is the intent of the City to prosecute each violation to the fullest extent of the law. If there is reasonable cause for suspicion of an illegal activity occurring in the Facility, the appropriate authorities will be contacted immediately.

2.8 Waste Management/Marine Pollution

Discharge of human and/or pet waste overboard within the Facility is prohibited. Upon entering the Facility, vessels shall secure their sewage holding tank to ensure no overboard discharge. All holding tanks shall be emptied at a sewage pump out facility prior to mooring. All vessels will have to provide documentation to the Harbormaster of sewage tank pumpout within 24 hours of entering or re-entering the mooring field. Vessels may provide documentation of pumpout that occurred within 24 hours of check- in or they will be required to pumpout within 24 hours of mooring. There shall be absolutely no overboard discharge of any sewage into any area of the Facility except into a pumpout vessel. Pumpout stations are available by the portable sewage pumpout vessel or at the Gulfport Municipal Marina. The Harbormaster will provide the contact number for the sewage pumpout vessel to mooring patrons in need of sewage tank pumpout services. All vessels will be required to have their holding tanks pumped out no less than every three (3) days without fail and shall provide documentation to the Harbormaster. For vessels with functional heads without holding tanks, marina management shall affix an approved seal on the closed seacock of each vessel. Violation of this provision shall constitute grounds for immediate ejection from the Facility.

Pump out logs shall be maintained by the Harbormaster and made available for inspection upon reasonable notice.

2.9 Unattended Vessels/Abandonment of Vessels

Any vessel left unattended for more than twenty four (24) continuous hours without the prior approval of the Harbormaster will be considered abandoned and will be removed from the Facility. Vessels that are removed from the Facility will be placed in a secure location or commercial marina for storage for thirty (30) days while diligent, reasonable efforts to locate the owner are made, pursuant to Florida Statutes. If the vessel is not reclaimed by that time, the vessel will be sold at fair market value to cover the cost of unpaid rental fees and any other associated costs.

2.10 Fueling Prohibited

The fueling of vessels within the Facility is prohibited. Vessel fueling is permitted at designated fueling stations located within the Gulfport Municipal Marina.

3.0 RESPONSIBILITIES OF LICENSEES/TENANTS

3.1 No Liability on Use of Mooring Facility

The City assumes no liability for the use of the moorings, dinghy dock and/or upland amenities comprising the Facility by vessel owners, operators, guests, or other personnel. The City and its personnel assume no liability for personal possessions, vessels, or associated equipment including dinghies while at the Facility.

3.2 Safe Operation of Vessels

Reckless operation of any vessel, including a recreational vessel, small craft, or dinghy that, in the sole judgment of the Harbormaster, is an endangerment to life, property or other vessels shall be grounds for immediate ejection from the facility. 3.3 Major Repairs Prohibited

Major repairs and the refitting of vessels, including any activities which could result in the discharge of materials into the water or within the Facility, are prohibited. Minor repairs and maintenance work may only be conducted with the prior authorization of the Harbormaster. The Harbormaster shall be contacted in advance of any proposed work to verify compliance. Any unauthorized activity in violation of the above may result in ejection from the Facility and forfeiture of security deposit.

3.4 Waste Disposal/Trash Removal

Discharge of any solid or liquid waste (human or pet) into the waters within the Facility is prohibited. Violators are subject to immediate ejection from the Facility and the Harbormaster will notify the appropriate authorities for enforcement action.

Garbage must be transported and deposited ashore in receptacles located at the Gulfport Municipal Marina. Vessel owners shall contact the Harbormaster regarding proper disposal of waste oil, rags, bilge socks, absorbents, anti-freeze, used fuel, and batteries. The Facility does not accept any hazardous waste or materials for disposal.

3.5 Prohibited Activities (including but not limited to)

• Major repairs and/or refitting of vessels or associated equipment • Charcoal, wood, or open flame burners • Swimming or diving within the Facility unless performing vessel maintenance or minor repairs (approved by Harbormaster) • Commercial activities, advertising, or soliciting • Disorderly, rowdy, or boisterous conduct; excessive noise that disrupts the quiet enjoyment of the Facility by others • Hanging laundry from the vessel in public view • Anchoring within mooring field boundaries without prior approval from the Harbormaster

3.6 Manatees & Other Protected Species/Feeding of Wildlife

Vessel owners and their guests shall acquaint themselves with the publications and warnings available at the Harbormaster’s Office regarding safe operation in waters frequented by manatees and must abide by all laws, ordinances, rules and regulations governing the operation of watercraft in the presence of manatees. Harassment of Federal or State listed protected species is illegal and will not be tolerated. Lists of these species are available at the Harbormaster’s Office. All vessel owners and guests are prohibited from feeding or leaving food for wildlife, particularly birds or endangered species.

3.7 Vessel Inspections/Boarding by Law Enforcement Personnel

The Harbormaster shall be authorized to conduct periodic vessel inspections in order to ensure compliance with federal and State safety and marine sanitation regulations. Denial of an inspection shall be grounds for termination of the vessel’s Mooring Agreement. The vessel owner shall fully comply with the directions of the Harbormaster and Law Enforcement personnel and shall allow access to their vessel by those personnel as necessary.

3.8 Reporting of Fuel/Oil Spills

Vessel owners shall contact the Harbormaster’s Office and National Response Center Spill Hotline (800-424-8802) when an oil/fuel spill is discovered. Oil absorbent pads and containment booms are located at the Harbormaster’s Office and are available for deployment in the event of a spill. The use of detergents to break up oil spills is strictly prohibited.

3.9 Non-tenant Use of Moorings Prohibited

Non-tenants are prohibited from mooring within the Facility without prior approval from the Harbormaster, except in cases of emergency or as otherwise provided in this Plan.

3.10 Misuse of Facility Amenities

The misuse of any Facility amenity is grounds for ejection from the Facility. If any tenant, guest, or crew damages the property or equipment of the Facility due to neglect, misuse, failure to follow stated directions, or vandalism, they shall be held responsible for the cost of repair and replacement, as well as any criminal or civil charges for the activity.

3.11 Unauthorized Departure of Vessels

It is unlawful for a vessel owner to remove their vessel from the Facility when the vessel has a delinquent dockage balance without authorization from the Harbormaster. The Harbormaster has the authority to impound the vessel to prevent its removal until the delinquent dockage balance is satisfactorily addressed.

3.12 Maritime Lien

The City will maintain a maritime lien against the vessel, its appurtenances and contents for all unpaid mooring fees, late charges, or any damage caused to any mooring or any other property of the Facility. For any undocumented vessels, pursuant to Florida Statute 328.17, in the event of non-payment of storage within the prescribed period, the Facility is authorized to sell the owner’s vessel at a non-judicial sale and retain the proceeds to cover non-payment by the owner and Facility costs.

3.13 Emergency Repairs

As part of the lease agreement, tenants must grant consent to the Harbormaster such that in the event of an emergency, the Harbormaster has the authority to have necessary repairs made to the tenant’s vessel, as economically as possible. Emergencies include, but are not limited to: tropical storms and hurricanes; breakdown of a bilge, fuel, or sewage pump or any other leak; chafed or broken lines, or any other emergency that may imperil the vessel and possibly lead to sinking, damage to other vessels within the Facility, or damage to the Facility. The cost of these repairs, parts, labor and any other appropriate charges, will be billed to the vessel owner and payable within 24 hours of the vessel owner’s return or as provided by the Harbormaster.

4.0 HURRICANES AND TROPICAL STORMS

4.1 Evacuation of Vessels for Storm Event

The Facility is designed for wind and waves up to a minimal Category 1 hurricane. Mooring facilities are generally not safe locations for vessels during strong named tropical storms or hurricanes and leaving vessels in mooring fields during such storms could result in significant damage to the vessels and the Facility. The City advises vessel owners to exercise prudent and appropriate judgment on whether to remove their vessel from the Facility in the event that a named tropical storm threatens the area. The City requires that all vessels evacuate the Facility at or before the time there is a declared hurricane warning. Tenants are advised that mooring equipment provided in the Facility may not withstand hurricane or tropical storm or associated wind or tidal surge. Removal of vessels from the mooring field is mandatory for a Category 1 or above Hurricane. All Facility tenants are solely and totally responsible for any and all damages to their vessel and personal property and other persons, vessels, or property caused by their failure to remove their vessels from the Facility in a timely fashion. CAUTION: MANATEE HABITAT All project vessels IDLE SPEED/ NO WAKE

When a manatee is within 50 feet of work all in-water activities must SHUT DOWN

Report any collision with or injury to a manatee: Wildlife Alert: 1-888-404-FWCC(3922) cell * FWC or #FWC City of Gulfport Mooring Field Data Log Month/Year:______

Initials of person Trash Laundry/ Each Renewal requires Pumpout + Sailboat Vessel Name and Phone / Signing Employee pickup Employee shower trash pickup - put date/time then Buoy # (Y/N?) Registration # Date IN Time IN Owner/Operator Name Mailing Address City State Zip Contact # Contract Initials (Y/N) Initials Use Employee Initial 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 STANDARD MANATEE CONDITIONS FOR IN-WATER WORK 2011

The permittee shall comply with the following conditions intended to protect manatees from direct project effects: a. All personnel associated with the project shall be instructed about the presence of manatees and manatee speed zones, and the need to avoid collisions with and injury to manatees. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act, the Endangered Species Act, and the Florida Manatee Sanctuary Act. b. All vessels associated with the construction project shall operate at "Idle Speed/No Wake” at all times while in the immediate area and while in water where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. c. Siltation or turbidity barriers shall be made of material in which manatees cannot become entangled, shall be properly secured, and shall be regularly monitored to avoid manatee entanglement or entrapment. Barriers must not impede manatee movement. d. All on-site project personnel are responsible for observing water-related activities for the presence of manatee(s). All in-water operations, including vessels, must be shutdown if a manatee(s) comes within 50 feet of the operation. Activities will not resume until the manatee(s) has moved beyond the 50-foot radius of the project operation, or until 30 minutes elapses if the manatee(s) has not reappeared within 50 feet of the operation. Animals must not be herded away or harassed into leaving. e. Any collision with or injury to a manatee shall be reported immediately to the Florida Fish and Wildlife Conservation Commission (FWC) Hotline at 1-888-404-3922. Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1-904-731-3336) for north Florida or Vero Beach (1-772-562-3909) for south Florida, and to FWC at [email protected] f. Temporary signs concerning manatees shall be posted prior to and during all in-water project activities. All signs are to be removed by the permittee upon completion of the project. Temporary signs that have already been approved for this use by the FWC must be used. One sign which reads Caution: Boaters must be posted. A second sign measuring at least 8 ½” by 11" explaining the requirements for “Idle Speed/No Wake” and the shut down of in-water operations must be posted in a location prominently visible to all personnel engaged in water-related activities. These signs can be viewed at MyFWC.com/manatee. Questions concerning these signs can be sent to the email address listed above. CAUTION: MANATEE HABITAT

All project vessels IDLE SPEED/ NO WAKE

When a manatee is within 50 feet of work all in-water activities must SHUT DOWN

Report any collision with or injury to a manatee: WiIdIife Alert: 1-888-404-FWCC(3922) cell * FWC or #FWC Manatee Educational Signs Required by Permit or Submerged Lands Lease March 2011

In order to obtain FWC approval for the manatee educational signs required by state permit or submerged lands lease, requests should be sent to:

[email protected] or: Florida Fish and Wildlife Conservation Commission Imperiled Species Management Section 6-A 620 South Meridian Street Tallahassee, FL 32399-1600.

The FWC requests that the permittee propose and submit a plan for installing signs based on the guidelines discussed below. FWC will review the sign placement proposal and notify the permittee within 60 days of receiving the plan if the signs and locations are unacceptable. Modifications to the type, location and number of proposed signs may be required. All sign proposals should follow the general guidelines in this document. The following information should be included in this plan and forwarded to FWC for review: • A detailed upland project site plan with proposed sign locations, types, and proposed numbers of manatee signs. Include which way the signs are proposed to face. • The project address or a location map of the facility in relation to waterways. • The project permit or submerged lands lease number. • Your name, email address, mailing address and a phone number.

Guidelines for the installation of signs • Signs must be placed in a prominent location for maximum visibility. Areas that are recommended include: dock walkways, dock master offices, near restrooms or other high patron foot traffic areas. • Signs must be replaced when faded, damaged or outdated. • If the facility is large or has multiple docks with separate walkways that are a considerable distance apart, multiple signs should be installed. • These signs must not face the water, must never be attached to pilings or navigational markers in the water. One exception to signs facing the water exists for the temporary sign, “Caution Boaters” during in-water work.

FWC Approved Signs and Sign Specifications

The FWC designs manatee educational signs, which can be produced by most sign companies. Signs other than depicted may be considered, but must be pre-approved by FWC’s Imperiled Species Management Section. There is a list of known sign vendors who produce FWC signs on our Manatee Sign Vendor webpage as well as downloadable files for sign companies not on this list who may want to produce these signs. Manatee Educational Signs February 2011

For durability, all signs should be fiberglass or metal with rounded corners (hand-sanded to remove all sharp edges and burrs), constructed of 0.08 Gauge 5052-H38 Aluminum with an Alodine 1200 conversion coating and Engineer Grade Type I reflective sheeting. Signs constructed to other specifications may not provide durability acceptable to the consumer.

The approved signs must meet the following specifications:

Florida Friendly Caution: Boaters Entanglement Caution: Shut Down Boating (2009) (2009) (2010) (2009) Minimum size should Minimum size should Minimum size should Minimum size should be 30” tall x 36” wide be 30” tall x 24” wide be 15” tall X 12” wide be 8½” tall by 11” with rounded corners with rounded corners with rounded corners wide metal with rounded corners

Rcc~clc ~our lmc or d1sc.ird CAUT ION MANATIE HAI ITAT Caution Boaters ,t m t,,1<;,h conta,ncr~ w.. 1tch for MiHl,'ltCC5 IO LI Sl'IIO / NO WA IU ___...... _,..... ,. ,__ _ _ SHUT DOWN

··- .. ,, ~ .... "'' .... ______~,..tMtn.rw.·, ...... - ... _ ,.,. 1~~ t922) ----------..--·------..--

This sign is considered This sign is sometimes This entanglement This temporary sign is the manatee referred to as an sign is typically placed required as part of the educational sign. In awareness sign. In near recycling bins or standard manatee 2009, it replaced the 2009, it replaced the trash containers. construction older manatee “Caution: Manatee conditions and is educational sign called Area” sign. intended to be placed “Manatee Basics for near dredge, tugboat Boaters”. These signs are also and work boat frequently used as operators. temporary signs for construction purposes.

The size and type of signs required by permit or lease may vary from those depicted in this guide. If you have any questions, please contact FWC’s Imperiled Species Management Section. UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE Southeast Regional Office 263 13th Avenue South St. Petersburg, FL 33701

SEA TURTLE AND SMALLTOOTH SAWFISH CONSTRUCTION CONDITIONS

The permittee shall comply with the following protected species construction conditions: a. The permittee shall instruct all personnel associated with the project of the potential presence of these species and the need to avoid collisions with sea turtles and smalltooth sawfish. All construction personnel are responsible for observing water-related activities for the presence of these species. b. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing sea turtles or smalltooth sawfish, which are protected under the Endangered Species Act of 1973. c. Siltation barriers shall be made of material in which a sea turtle or smalltooth sawfish cannot become entangled, be properly secured, and be regularly monitored to avoid protected species entrapment. Barriers may not block sea turtle or smalltooth sawfish entry to or exit from designated critical habitat without prior agreement from the National Marine Fisheries Service’s Protected Resources Division, St. Petersburg, Florida. d. All vessels associated with the construction project shall operate at “no wake/idle” speeds at all times while in the construction area and while in water depths where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels will preferentially follow deep-water routes (e.g., marked channels) whenever possible. e. If a sea turtle or smalltooth sawfish is seen within 100 yards of the active daily construction/dredging operation or vessel movement, all appropriate precautions shall be implemented to ensure its protection. These precautions shall include cessation of operation of any moving equipment closer than 50 feet of a sea turtle or smalltooth sawfish. Operation of any mechanical construction equipment shall cease immediately if a sea turtle or smalltooth sawfish is seen within a 50-ft radius of the equipment. Activities may not resume until the protected species has departed the project area of its own volition. f. Any collision with and/or injury to a sea turtle or smalltooth sawfish shall be reported immediately to the National Marine Fisheries Service’s Protected Resources Division (727-824- 5312) and the local authorized sea turtle stranding/rescue organization. g. Any special construction conditions, required of your specific project, outside these general conditions, if applicable, will be addressed in the primary consultation.

Revised: March 23, 2006 O:\forms\Sea Turtle and Smalltooth Sawfish Construction Conditions.doc AS-BUILT CERTIFICATION BY PROFESSIONAL ENGINEER

Submit this form and one set of as-built engineering drawings to the U.S. Army Corps of Engineers, Enforcement Section at [email protected]. If you have questions regarding this requirement, please contact the Enforcement Branch at 904-232-3131.

1. Department of the Army Permit Number: SAJ-2007-4697 (SP-TEH)

2. Permittee Information:

Name: ______

Address: ______

______

3. Project Site Identification (physical location/address):

______

4. As-Built Certification: I hereby certify that the authorized work, including any mitigation required by Special Conditions to the permit, has been accomplished in accordance with the Department of the Army permit with any deviations noted below. This determination is based upon on-site observation, scheduled, and conducted by me or by a project representative under my direct supervision. I have enclosed one set of as-built engineering drawings.

______Signature of Engineer Name (Please type)

______(FL, PR, or VI) Reg. Number Company Name

______City State ZIP

(Affix Seal)

______Date TelephoneNumber -2-

Identify any deviations from the approved permit drawings and/or special conditions (attach additional pages if necessary):

______

______FLORIDA DEPARTMENT OF